1. CALL TO ORDER
The regular meeting of the Dunes City Planning Commission was called
to order at 6:08 p.m. by Planning Chairman, David Bellemore.
2. PLEDGE OF ALLEGIANCE
The Planning Chairman, Planning Commissioners, Dunes City Staff, and
Citizens present joined in the Pledge of Allegiance.
3. ROLL CALL
Roll call was taken by Lisa Ekelund
Present: Chairman David Bellemore, Vice-Chairman Ken Platt,
Commissioner Marilyn Miller, and Commissioner Ron Shearer.
Absent: Commissioner Dennis Smith (excused) and Commissioner Eggert
Madsen (excused).
Others Present: Planning Secretary Lisa
Ekelund, Road Commission
Chairman Robert Quandt, and 15 citizens of Dunes City.
4. APPROVAL OF MINUTES
Planning Commission Minutes of 03/26/2009
Commissioner Miller stated on pg. 10, last paragraph, 1st
sentence, the word "building" should be changed to
"business".
Commissioner Shearer made the motion to accept the Planning
Commission Minutes of 03/26/09 as corrected by Commissioner Miller and
Commissioner Platt seconded. The motion passed by unanimous vote of 3
ayes and 0 nays.
5. NEW BUSINESS
Lot Line Adjustment Conditional Use Permit 0901
Chairman Bellemore stated they would have a public hearing on a lot
line adjustment, conditional use permit for property owners William and
Kay Harris. Chairman Bellemore said the property address is 5205 Hilltop
Dr. and 83369 Osprey Way. Chairman Bellemore said the Map/Tax Lot
numbers are 19-12-26-21-02500 and 19-12-26-21-02800.
Chairman Bellemore opened the public hearing and asked if the
Planning Official had a report on the application.
Lisa Ekelund said the only report she submitted was from the
pre-application conference which outlined the requirements for the
permit. Lisa Ekelund said the planning commission has all the
documentation from the application before them. Lisa Ekelund stated she
believes the request is reasonable as it doesn't harm or improve
anything and it is a simple lot line adjustment.
Chairman Bellemore said he could read through several pages of
applicability but they are stated in the report. Chairman Bellemore
stated the Comprehensive Plan policies that apply are A5, A9, A10, A16,
A17, C1, C4, E1, E2, E4, E8, E10, E11, F4, F5, F12, H1, H5, H6, and H7.
Chairman Bellemore said the ordinance provisions that apply are
155.2.1.130.2 the transfer of property between adjacent parcels,
155.4.3.210 the transfer of property, 155.4.4.1 the purpose, summarizing
briefly that there are certain uses that due to the nature of their
impact on the surrounding land uses, a public facilities require a case
by case review and analysis. Chairman Bellemore said this is what they
are doing here. Chairman Bellemore said approvals process, 155.4.4.2
applies as does 155.4.4.3 application submission requirements, 155.4.4.4
criteria standards, and conditions of approval list the criteria
necessary for a conditional use permit. Chairman Bellemore said
155.4.4.5 additional development standards for conditional use types
also apply. Chairman Bellemore explained the documents submitted by the
applicant including a letter from Rob Ward stating that he is acting as
the property owners' agent.
Chairman Bellemore said this is a public hearing, there will be
testimony by the applicants and also comments by any members of the
public who would like to speak in favor of or opposed to the proposal.
Chairman Bellemore said the record may be kept open for up to seven
days at the request of anyone who wishes to do so. Chairman Bellemore
said anyone who fails to raise an issue regarding these criteria for the
conditions of the application, will not be able to use anything that was
not raised here in an appeal.
Comments of the applicants:
Rob Ward 83580 Sauter Drive & Kathleen Harris 83369 Osprey Way
Mr. Rob Ward said part of 155.4.3.2.1 is the section of code that
deals with a nonconforming lot contributing part of its property to a
conforming lot and it specifies that this is handled through the
conditional use process.
Chairman Bellemore asked the Commissioners if anyone has any
conflicts of interest and all Commissioners said no.
Chairman Bellemore asked if the Commissioners had any bias or
ex-parte contacts and all Commissioners said no.
Mr. Ward said the code provision he spoke of was put in with the
understanding that the City contained nonconforming lots before the City
was a Municipality. Mr. Ward said the short version of the standard that
they have to meet is when they do a lot line adjustment; they have to
make sure that after the adjustment, they are not creating a
non-conforming situation. Mr. Ward said a non-conforming situation would
be if they moved the line in such a way, it creates a setback violation
as an example. Mr. Ward said on the map, it demonstrates the location of
the septic systems and drain field's. Mr. Ward said they are not
shifting the lot line that is putting parcel A's septic system onto
parcel B. Mr. Ward said the area is served by Siltcoos Heights Water
System. Mr. Ward pointed out that there is ample room for a replacement
drain field on each lot. Mr. Ward said no new parcels are being created.
Mr. Ward said code through the conditional use process allows this.
Chairman Bellemore asked if there was anyone from the public who
would like to speak in favor of the application.
Les Zemlicka 83358 Osprey Way
Mr. Zemlicka said he lives across the street from the Harris's. Mr.
Zemlicka said the property line adjustment isn't going to create
problems for either parcel. Mr. Zemlicka said this just gives them a
little more space to the south.
Chairman Bellemore asked if there was anyone else who would like to
speak in favor of the application and there was no comment.
Chairman Bellemore asked if there was anyone from the public who
would like to speak opposed to the application and there was no comment.
Mr. Ward said they had no rebuttal.
The public hearing closed at 6:25 p.m.
Commissioner Miller said the only thing she questioned was that they
are taking a non-conforming lot and increasing it's non-conformity
however, because of the Tsiltcoos Heights Subdivision, everything is
small and this would make this lot no smaller than most of them so she
doesn't find anything wrong with it.
Commissioner Platt made a motion to accept the conditional use permit
and Commissioner Shearer seconded the motion. The motion passed after
unanimous vote of 3 ayes and 0 nays.
· Stormwater Draft Ordinance No. 201
Chairman Bellemore stated this second public hearing of the Planning
Commission session of April 30th is on a Stormwater Ordinance Draft
which has been proposed for the City to consider as adoption as a
Stormwater Ordinance. Chairman Bellemore said this public hearing is to
allow comment and evidence to be presented for the public record on the
draft of the Stormwater and Pollution Control Ordinance which will be
considered by the Planning Commissioners before the Planning Commission
makes its recommendation to the Dunes City Council for its
consideration. Chairman Bellemore said a previous draft of this proposed
ordinance was considered by the previous Dunes City Planning Commission
which recommended some changes. Chairman Bellemore said there have been
a few changes made and the new draft is again being brought forward for
public comment. Chairman Bellemore said there may be further changes as
a result of the public comment because the City wants to get this
ordinance right. Chairman Bellemore said in order to insure orderly and
smart growth that will preserve and protect the wonderful quality and
value of the properties and the life we enjoy here in Dunes City.
Chairman Bellemore said the best stormwater management system on earth
is a dense, unbroken forest, once the forest is opened up for homes and
other human development, mitigation measures or best management
practices must be used to control stormwater runoff to prevent damage
from rushing waters and pollution. Chairman Bellemore said this is the
intent of this ordinance, to protect our homes and living environment
and our drinking water supply. Chairman Bellemore said they want input
from Dunes City residents as well as engineers and experts because the
City really wants to get this right.
Chairman Bellemore asked the Commissioners if anyone has any
conflicts of interest and all Commissioners said no.
Chairman Bellemore asked if the Commissioners had any bias or
ex-parte contacts and all Commissioners except Chairman Bellemore said
no.
Chairman Bellemore said his only ex-parte contact was that he was
involved in the development of this Ordinance starting four years ago.
Chairman Bellemore said he withdrew from the Committee that was working
on it when he was elected to Council and he has had nothing to do with
it since, and the Ordinance before the Commission now is very different
from anything he saw when he was working on the Committee. Chairman
Bellemore said he has had discussions with the Mayor, Rob Quandt, the
City's engineering firm, and e-mails with David Allen (the City
attorney). Chairman Bellemore said he has had some contact but this was
mainly to make sure it proceeds through the process of being brought
before the public and the City Council. Chairman Bellemore said although
he had worked on this, he has no particular investment in this Ordinance
as written and his only interest is in serving the City. Chairman
Bellemore said the only bias he has is that he would like to see some
sort of Stormwater Ordinance passed.
Chairman Bellemore asked if any members of the audience would like to
challenge any of the Commissioners on their potential for impartiality
or lack there of and there was no comment.
Chairman Bellemore said the Road Commission met and have made a
recommendation that will be presented to the City Council. Chairman
Bellemore said Road Chairman Robert Quandt will present this report to
the Planning Commission tonight and after his report there will be
public testimony, then deliberation.
Chairman Bellemore opened the public hearing at 6:34 p.m.
Road Commission Chairman Rob Quandt read his report that will be
submitted to the City Council. The Road Commission report addressed
several items to include conflicting provisions, un-funded mandates
which include uncontrollable cascading budget requirements, unclear
requirements, missing components required for application of the
Ordinance, and overall structural deficiencies.
Chairman Bellemore thanked Chairman Quandt for his report. Chairman
Bellemore said he would like to open the testimony to the public.
Rob Ward 83580 Sauter Drive
Mr. Ward stated he has brought his statement in writing. Mr. Ward
said he believes for clarity, the Ordinance needs to be the Ordinance
and explained the current situation where the Ordinance references the
manual. Mr. Ward said the Ordinance can potentially bring home
construction to a standstill between October and May. Mr. Ward said he
is concerned about the implementation of the Ordinance as it's going to
take someone with a lot of expertise. Mr. Ward said he is concerned
about the financial implications and he really doesn't think the City
could rely on a volunteer with the kind of background that is required.
Mr. Ward said they live in a rural area and they all have the same
concerns and it would be nice to come up with some simple applications
that would be easy to manage. Mr. Ward said he is not opposed to a
Stormwater Ordinance but as it's presented now, it doesn't really work
for the City.
Gordon Robertson 83623 Jensen Lane
Mr. Robertson said he is impressed with the Road Commission report.
Mr. Robertson said there's no clear definition of what you have to do.
Mr. Robertson said the Ordinance doesn't explain if permits are required
and there are no objective measurements of what a person has to do. Mr.
Robertson said the manual is unworkable and too complicated. Mr.
Robertson read 99.05 G and said it doesn't make sense. Mr. Robertson
said existing properties should state "owners" of existing
properties. Mr. Robertson said there is no definition for developer. Mr.
Robertson said 500 sq. ft. has been covered it should be much greater.
Mr. Robertson Read 99.20 B, and said it means adjacent properties are
the responsibility of the developer to do stormwater management and he
thinks financial liability 99.25 is ridiculous and should be thrown out
as there are other enforcement activities such as fines. Mr. Robertson
said under the development definition, all improvements on sight should
state all man made changes instead of improvements.
Dick Anderson 83435 HWY 101
Mr. Anderson said the 500 sq. ft. thing has been mentioned over and
over and if there has to be a square foot then wouldn't it make sense to
have it be a percentage of a property. Mr. Anderson said they've been
fighting this for a long time and he's glad to hear others particularly
the Road Commission and their work. Mr. Anderson said the Ordinance is
unworkable and designed for large cities. Mr. Anderson said the worst
erosion in the City is on the lake by the cliffs that are sloughing off
but anything beyond that is insignificant and the City would benefit by
reworking it.
Adrian Vanderhave 82713 Myrtlewood Lane
Mr. Vanderhave said he is new to town. Mr. Vanderhave said the
previous speakers are 2 professionals and clearly stated the ideas of
many. Mr. Vanderhave said he supports the input of the Road Commission.
Mr. Vanderhave said this document is worthless, too long, and should be
put in the waste basket. Mr. Vanderhave gave an explanation of his
filtering system. Mr. Vanderhave said the City needs to make this
Ordinance simple, understandable, and especially workable for the
professionals. Mr. Vanderhave said he wants no over guidance.
John Stead 83505 South Cove Way
Mr. Stead said when he moved to Dunes City he was interested in the
quality of the water in the lake. Mr. Stead said he was impressed with
the City's stewardship efforts in maintaining the quality of the water
in the lake. Mr. Stead said tonight they have been focusing on benefits
but something not being considered is Honeyman State Park. Mr. Stead
said there are water skiers, fisherman, swimmers, and beach users. Mr.
Stead said they have over 1.5 million visitors that come to the area.
Mr. Stead said the visitors bring money, they spend money here, and they
are a great benefit to the businesses in Florence. Mr. Stead said we
have major responsibilities but the State of Oregon makes it clear in
their policy of the State that waters of the public shall not be
polluted. Mr. Stead said Dunes City takes this responsibility very
seriously and he doesn't see the State Park as active in this regard as
they might. Mr. Stead said the Ordinance is a work in progress and it's
been going on for 4 years. Mr. Stead said as a result, we have all
learned a great deal about what an Ordinance should look like. Mr. Stead
said this Ordinance continues to evolve and he hopes the citizens' input
will make it possible for the City to have a workable Ordinance. Mr.
Stead commended the Road Commission's efforts and that the comments he
has heard are encouraging.
Bill Meyer 84216 Wright Road
Mr. Meyer said he hasn't read the draft of the Ordinance but did get
the Public Notice. Mr. Meyer said he was concerned just by the Notice
and that he wants to speak of property rights issues. Mr. Meyer said he
has a place on the lake and 3 semi developed tax lots that perhaps one
day he or his kids will build on. Mr. Meyer said he pays his property
taxes and when he does build, he doesn't want to have to do it with a
monumental cost. Mr. Meyer said the Ordinance should be targeted
specifically to the measure and not be so broad that it effects his
right to use his property in a reasonable manner at a reasonable cost.
Mr. Meyer said he walks his dog and his wife kayaks and neither of them
see issues of runoff. Mr. Meyer said he realizes it could be chemical
which is another issue but don't try to fix a problem that doesn't exist
and if one does exist, make sure it's targeted correctly. Mr. Meyer said
he is making sure that if they are going to address an issue, they need
to target it with no overkill, no bureaucracy, and no needless expenses.
William "Fuzzy" Gates 06565 Canary Rd.
Mr. Gates said he wants to support the concept of a Stormwater Plan.
Mr. Gates said his opinion about the Ordinance is that it's not perfect
and it wouldn't hurt to make it better. Mr. Gates said he likes the
concept of the Ordinance and the Manual as it refers to the Manual even
thought the Manual is not perfect and difficult to deal with. Mr. Gates
said he has worked with water in the lakes for over 30 years and that
the manual needs to be a living document that can be changed and
improved. Mr. Gates said one important point is when he was reading
through the Manual, on page 114; the whole plan depends on the size of
the storm you pick to base it on. Mr. Gates said the Manual bases this
on a storm with 1.4 inch rainfall every 24 hours and said this is more
closely related to perhaps a storm in Eastern Oregon (the high desert).
Mr. Gates said Dunes City receives 5-6 inches up to 9 inches. Mr. Gates
said he owns property on the Smith River and has seen a 25 foot rise.
Mr. Gates said the City needs to stop the over land water flow of silt
and soil as they carry phosphorus to the lake where anaerobic conditions
are released into the lake. Mr. Gates said phosphorus is the reason for
the algae blooms.
Chairman Bellemore closed the public testimony part of the hearing at
7:16 p.m.
Chairman Bellmore said the Planning Commissioners will now go into
discussion.
Chairman Bellemore said he agrees with all members in the audience
who praised the Road Commission. Chairman Bellemore said no one said the
Ordinance is great and it's obvious everyone thinks it needs work.
Commissioner Miller asked if they should scrap it and if the City
needs professionals.
Chairman Bellemore said there is no need to scrap it because if they
make the changes, it will not appear to be the same document.
Commissioner Platt suggested a workshop to re-write the whole thing.
Chairman Bellemore said the Planning Commission doesn't re-write
Ordinances, but they can make recommendations to the City Council.
Chairman Bellemore said there are enough issues to have a work session
that would allow them to go through all the testimony.
Commissioner Platt and Commissioner Miller agreed with Chairman
Bellemore.
Chairman Bellemore said 500 square feet is ridiculous.
Commissioner Shearer said he doesn’t think he has the expertise to
contribute to the Stormwater Manual.
Commissioner Miller agreed with Commissioner Shearer and said after 5
pages, she doesn't understand it and questions if it could be
simplified.
Chairman Bellemore said we don't understand it as it is basically a
text book for engineers. Chairman Bellemore said the way it's structured
now, home owners will need to go to the manual or hire an engineer.
Chairman Bellemore said erosion and stormwater are different and
explained the difference between the two. Chairman Bellemore said
erosion needs to be addressed immediately and stormwater has to do with
run off of water and the pollutants it carries.
Chairman Bellemore agreed with Commissioner Shearer that it requires
more expertise and his biggest issue is the 500 sq. ft.
Commissioner Shearer said it makes sense to start smaller and build
on it instead of trying to tackle the Manual in its present state.
Chairman Bellemore said another possibility is a tiered system of
requirements.
Commissioner Miller said they better set up a Building Committee made
of people who have the expertise.
Chairman Bellemore said the Road Chairman should be on the Committee.
Chairman Bellemore said they also need the expertise from Larry Lewis
who is on contract with the City for planning and is very competent and
understands coastal cities. Chairman Bellemore said perhaps a work
session where the two are invited is in order.
Commissioner Shearer questioned if any other cities on the coast have
done this sort of thing.
Chairman Bellemore said he doesn't know of coastal cities have but he
does know of Curry County and said Larry Lewis would be able to tell us.
Commissioner Miller said it would be good to see comparable small
towns and what they use.
Chairman Bellemore said the lack of a tax base means the City has to
depend on volunteers, which makes us an unusual town. Chairman Bellemore
again suggested they form a work session and propose to the Mayor to
have a work session as the Mayor will need to approve expenditure of
funds spent.
Commissioner Miller said or not spend money as we have incredible
expertise that may be willing to volunteer and Chairman Bellemore
agreed.
Commissioner Miller made the motion to form a Committee to work on
the Stormwater Ordinance draft document. The motion was seconded by
Commissioner Platt. The motion passed by vote of 3 ayes and 0 nays.
Chairman Bellemore questioned if they thought they should have two
work sessions.
Chairman Bellemore expressed concern that this could be dragged on
for another 4 years but he believes they are closing in.
Commissioner Miller questioned who with expertise has been working on
this up to now.
Chairman Bellemore said he doesn’t know the composition of the
Committee who was working on it in its origination.
Commissioner Shearer asked what the Planning Commission did in the
past and if it has been changed.
Commissioner Miller said they need an engineer.
Commissioner Platt questioned if they could take what's been fed into
the minutes right now, take an overlay, put it together, and then
present it to professionals.
Chairman Bellemore said in regards to the formation of a Committee,
he questioned if they should advertise for volunteers.
Commissioner Miller said they should not look for volunteers
generically but rather, they want people who are experienced.
Chairman Bellemore said they could take applications, pick an
engineer, a contractor, and a couple of homeowners with some
qualifications.
Commissioner Miller said they could use Commissioner Smiths'
engineering experience and asked if they should include Larry Lewis.
Chairman Bellemore said it would be a good idea after they check with
the Mayor.
The Commission discussed the process and time frame for advertising
and accepting applications.
The Planning Secretary asked the Commission for clarification of
whether the advertisement in the newspaper is for a work session or if
the advertisement is for applications to form a Committee.
Chairman Bellemore said both as they are going to advertise that they
want applications, but they may as well include a date for the first
work session.
Dick Anderson spoke from the audience and asked if the Planning
Commission can form a Committee and advertise without the City Council's
approval. Mr. Anderson said the Council is going to have a public
hearing on this topic on 05/14/09.
Chairman Bellemore said he wasn't sure if the hearing is still on and
he is sure the Planning Commission can invite people into a work session
however, expenditures of money will have to go through the City.
Chairman Bellemore said they are working to make a recommendation to the
Council on this and their recommendation is probably going to involve a
pretty serious re-write of the Ordinance.
Mr. Anderson said May 14th has already been advertised and sent to
the Dunes City property owners and he doesn't understand how the
Planning Commission can change that.
Commissioner Shearer said they could just send a recommendation to
the Council that this Ordinance is flawed and that they agree with the
Road Commission evaluation.
Chairman Bellemore said if the Council is going to have a public
hearing, the best that the Planning Commission can do at this point is
to make a recommendation. Chairman Bellemore agreed with Commissioner
Shearer in that they should recommend to the Council that they follow
the recommendation of the Road Commission. Chairman Bellemore suggested
the Planning Commission suspend this process to see what the City
Council will do. Chairman Bellemore said there is a motion to form a
Committee so they will need a motion to withdraw the motion.
Commissioner Miller made the motion to withdraw her motion to form a
Committee to work on the Stormwater Ordinance draft document.
Commissioner Platt seconded the motion. The motion passed after
unanimous vote of 3 ayes and 0 nays.
Commissioner Shearer made the motion to send a recommendation to the
City Council stating that the Planning Commission recognizes the
Stormwater Ordinance draft document as flawed and the Planning
Commission doesn't support it in it's present form, and that the
Planning Commission recommends that the City Council follow the Road
Commission's suggestions. Commissioner Miller seconded the motion. The
motion passed after unanimous vote of 3 ayes and 0 nays.
Chairman Bellemore called for a 10 minute break at 7:50 p.m.
The meeting reconvened at 7:58 p.m.
6. STAFF REPORT
The Planning Secretary, Lisa Ekelund read her staff report stating in
the past month she has been working on updating the draft Stormwater
Ordinance Manual. Lisa Ekelund said along with this, she has spent much
of her time as a back up to the City Recorder because the Administrative
Assistant left her position. Lisa Ekelund said the City has hired Mr.
Fred Hilden as the new Administrative Assistant and he is doing a
wonderful job which allows her more time to focus on her position. Lisa
Ekelund said she was just speaking with Mrs. Alta Taylor in regards to
her possible annexation and that it was brought to Lisa's attention that
to access Dunes City from Mrs. Taylor's property, a person would need to
travel through a Class 1 Stream and a designated wetland. Lisa Ekelund
said she will research this further. Lisa Ekelund explained the status
of the dock owned by the Hart family and Commissioner Miller asked if
everyone was happy with the outcome. Lisa Ekelund said yes, allowing the
dock to remain is reasonable. Lisa Ekelund said the Planning Department
has seen an increase in permitting along with their final inspections.
Chairman Bellemore said it sounds like the Planning Staff is doing
excellent work, he's glad to hear that Mr. Hilden is working out as
hopefully this will allow Lisa Ekelund more time to work on stuff
dedicated to planning instead of having to do other jobs along with her
regular position work.
7. ADJOURNMENT
There being no further business to come before the Planning
Commission,
Commissioner Shearer made the motion to adjourn the meeting and
Commissioner Miller seconded. The motion passed by unanimous vote of 3
ayes and 0 nays.
The meeting of the Dunes City Planning Commission adjourned at 8:05
p.m.
The next scheduled meeting of the Dunes City Planning Commission will
be held on May 28, 2009 at 6:00 p.m.
The proceedings of the Dunes City Planning Commission meeting were
recorded on tape, and are filed in the City Recorder's office. The
complete agenda of this meeting is filed in the City Recorder's office.
Upon approval by the Planning Commission, these minutes will be
available online at http://dunescity.com/minutes.htm
Respectfully prepared by,
_________[signed]_____________________________
Lisa Ekelund
Planning Secretary
Approved by Planning Commission on the 27th day of August,
2009,
______[signed]_________________________________
David Bellemore
Planning Chairman