Dunes
City Planning Commission
M
I N U T E S
REGULAR SESSION –
August 27, 2009
at
6:00 pm.
print
file
City Hall -
82877 Spruce St.
,
Westlake
,
OR
97439
1. Call to Order by Planning
Chairman
David
Bellemore
The
Planning
Commission meeting was called to order by
Planning
Chairman David Bellemore at
6:06 p.m.
2. Roll Call
Roll Call was
taken by Fred Hilden.
Present:
Planning
Chairman David Bellemore, Commissioner Marilyn Miller, Commissioner Ronald
Shearer, Commissioner Ken Platt, Commissioner Dennis Smith, and
Administrative Assistant, Fred Hilden. City Recorder, Amy Graham was also
in attendance.
Absent:
Planning
Secretary,
Lisa
Ekelund
(excused)
Citizens Present: Marv
and
Darlene
Beckman
,
Lee
Riechel
and
Judy
Johnson
3. Pledge of Allegiance
The
Planning
Chairman, commissioners, staff, and citizens present joined in the Pledge
of Allegiance.
4. Approval of the minutes
- Planning
Commission Minutes of
04/30/09
and
07/16/09
.
Commissioner
Ron
Shearer
made the motion to approve the
minutes of
04/30/09
and
Commissioner
Miller
seconded the motion. The motion
passed unanimously.
Commissioner
Ron
Shearer
made the motion to approve the
minutes of
07/16/09
and
Commissioner
Miller
seconded the motion. The motion
passed unanimously.
5. Announcements
- Resignation
of
Planning
Commissioner, Eggert Madsen.
6. Public Hearing
- Application
for amendment to Ordinance/Dunes City Code
Chairman
Bellemore
opened the public hearing (at
6:12 p.m.
) He pointed out that this is a legislative action and not a
quasi-judicial one. Chairman Bellemore asked
Planning
Commission members if there were any conflicts of interest and the
response was that there were none.
Chairman Bellmore
asked Marv & Darlene Beckman to come forward and present their
application.
Ms.
Beckman
said that all we are asking is to insert one word of code. The overlay
portion of
Booth
Island
has a small subdivision that allows pets. In the open space there are 9
parcels, we own 6 of those. We had the option to make 29 or 30 one acre
parcels. Instead we opted to only make 7 five acre parcels. We also have
the permission from Christianson’s to add the one word of code
("unconfined") to the code to bring us up to and equal to the
rest of Dunes City.
Ms.
Beckman
indicated they had received letters from three other property owners on
Booth
Island
supporting their request for the change, including one from
Rick
Cox
in the Hideaway addition.
Ms.
Beckman
read the Cox, Christianson and
Robinson
letters.
Ms.
Beckman
then asked if there were any questions or concerns. Commissioner Shearer
asked how you define “confined.” Ms. Beckman responded indicating that
it is a pet that is kept on a leash or indoors. Chairman Bellemore stated
that it is generally accepted to mean “physical control.” Commissioner
Shearer stated that maybe we should define this term. Discussion followed
including a comment by Commissioner Shearer that he would like to make it
uniform.
Ms.
Beckman
said an option would be to remove the word pets, but that would revert it
back to whatever the rest of
Dunes
City
has. Ms. Beckman said we have the same critters (wild) that the rest of
the city has and they come and go however they choose.
Ms.
Beckman
also indicated that the Oregon Department of Fish &Wildlife has
recently classified all of
Booth
Island
the same as all the rest of
Dunes
City
.
Fred
Hilden
read the staff report.
Chairman
Bellemore
asked if there were any proponents of the request to change the Ordinance.
Ms.
Beckman
indicated they (the Beckmans) are proponents. She also commented about the
Oregon Natural Heritage Program and read the letter from
Teri
Tinker
. She also again referenced the three letters supporting the change.
Chairman
Bellemore asked if there were any opponents of the change in the audience
that wished to speak. There were none.
Chairman
Bellemore
closed the public hearing (at
6:31 p.m.
).
Chairman
Bellemore
asked the
Planning
Commission if there was any deliberation.
Commissioner
Platt
asked if the
Douglas
County
portion allows pets. Chairman Bellemore stated that it’s not relevant.
Chairman
Bellemore gave some background on the no pets restriction. Dogs and cats
can have an impact on wildlife. However, he indicated that he has always
preached that laws that can't be enforced are useless. Telling folks they
can't have pets is an emotional issue and invites violations of the law.
If the pets are confined or controlled they aren't as likely to harm
wildlife. We rely on neighbors to report violations.
Commissioner
Miller
asked how many people live there year around. Ms.
Beckman
stated two (2).
Ms.
Beckman
explained more about the environment. Commissioner Miller indicated that
there are other restrictions that are unique to
Booth
Island
, including no driving and she therefore disputes the argument in favor of
leaving the ordinance the way it is. She stated that cats will have
kittens that will run wild and dogs will be chasing the deer and they have
no place to go other than into the water.
Ms.
Beckman
stated you have to have people helping to enforce the ordinance. Most of
the regulations placed on
Booth
Island
are self-imposed. We could have put 28 one acre lots but instead we put 7
and so on.
Commissioner
Shearer asked about the significance of banded pigeons. Chairman Bellemore
answered that there was none that he know of. They are not currently seen
on the island. Judy Johnson indicated that they have been seen in their
area.
Chairman
Bellemore
stated that trying to tell someone that has purchased property there that
they have to get rid of their pet would be very difficult. Commissioner
Miller commented that potential buyers need to know what the Ordinance
says.
Chairman
Bellemore said I'm kind of a fence sitter, but I think it gets down to a
matter of enforceability. Beckman's have been good stewards. I'm basically
in favor of the change. He then asked if there was any other discussion.
There were several casual comments.
Chairman
Bellemore
said the biggest offender to wildlife is cats.
Commissioner Shearer moved to approve the
change to the ordinance. It was seconded by Commissioner Platt. There was
no further discussion so Chairman Bellemore asked for all in favor and
there were 3 ayes. Those opposed, 1 nay.
Chairman
Bellemore
indicated that this matter is now closed.
7. Discussion
- Conservation
Committee report on property located at
82855 Fir St
.
Commissioner
Miller
asked if this is Darling's Resort.
Judy
Johnson
said it was not, that it was the resort next door.
Fred
Hilden
said it is Siltcoos Lake Resort.
Chairman
Bellemore explained that Mr. Dimon removed a 5th wheel trailer
and replaced it with a yurt, which it probably makes it ok. Commissioner
Miller stated that he can’t replace all of the unit and be
grandfathered.
Chairman
Bellemore
indicated that at least it requires a conditional used permit and
continued that we need to ask the
Planning
department to have the owner obtain a conditional use permit.
Commissioner
Miller
asked if this was the original owner.
Chairman
Bellemore
said yes. Judy Johnson indicated that he has not been the owner all that
long.
Chairman
Bellemore said if Mr. Dimon wants to come before us and ask for a CUP,
that's good, otherwise he'll have to remove it (the yurt). There was no
further discussion.
- Conservation
Committee report on property located at
83501 Jensen Ln.
Chairman
Bellemore
indicated that he was part of the group that originally visited this site.
Commissioner Shearer indicated that he thinks that this is his address.
Chairman Bellemore clarified that it is the property next door to Dr.
Shearer's. Violations were reported and abated by City Council.
Amy
Graham commented that this matter has already been abated and should not
be on the
Planning
Commission’s agenda. The resident is already in the process of
responding to the abatement.
Chairman
Bellemore
commented that it has been the protocol in the past that when the
Conservation Committee goes out and does a report that the report will
come to the
Planning
Commission for review. We will always respond to the Conservation
Committee somehow.
Commissioner
Shearer asked if the original report came to the
Planning
Commission.
Chairman
Bellemore
said yes.
Commissioner
Miller
asked if the abatement been done. Chairman Bellemore indicated that he
thought there was one item that had not been completed which was a
recommendation to plant a certain number of trees but the number of trees
was reduced. He then read the recommendation of the Conservation
Committee.
Commissioner
Miller
asked if there was a re-vegetation plan submitted. Amy Graham commented
that she believed the
Planning
Secretary said it was submitted.
Commissioner
Miller
asked who approved it. Commissioner Shearer commented that if the property
owner plants native vegetation, that gets done what we need and still lets
the property owner have what they want. A discussion of views, etc.
continued.
Chairman
Bellemore
indicated that planting non-native vegetation is not appropriate. The
Conservation Committee concern is that not enough has been done and that
something more needs to be done. There was discussion about what has
happened since the original Conservation Committee site visit and what
remains to be done.
Fred
Hilden
stated that he was part of the original site visit done back in January by
the Conservation Committee and that a report was prepared and given to
Lisa
Ekelund
. She contacted the property owner and advised them to submit a vegetation
removal permit application. It was his recollection that
Ms.
Ekelund
mailed the information to the property owner, but they never returned the
permit application or contacted the City. Sometime in
June
or July, after not having heard from the property owner, the City Council
decided to declare the situation a nuisance and post an abatement notice.
Amy
Graham
and I went to the site and posted the abatement notice. A short time later
the property owner contacted the City and applied for the vegetation
removal permit, paid the appropriate fees and began the process of taking
corrective action.
Chairman
Bellemore indicated that he believes the code says they have 90 days to
complete the re-vegetation and perhaps this needs to be modified so they
can wait until the fall when it its better to do it. He also stated that
this complies with Attachment C of Comp Plan and that maybe Conservation
Committee followed up a little too quickly.
Lee
Riechel
gave some background on the property indicating the problem predates
Commissioner Shearer moving in. At that time the front of the house had a
number of trees that had been pruned (topped) and not allowed to grow. The
trees over this period of time went to wild and that's why there was a
problem. Woody plants are probably the best answer to this issue.
Chairman
Bellemore
indicated there was a steep bank just outside our area of concern.
Commissioner Shearer said erosion is a major concern in that area.
Chairman
Bellemore
suggested that they schedule a follow up late in October after the
property owner has had a chance to complete the re-vegetation.
8. Adjournment
There
being no further business to come before the
Planning
Commission,
Commissioner
Miller
made the motion to adjourn the meeting. Commissioner
Shearer seconded the motion. The
motion passed by unanimous vote.
The meeting of
the Dunes City Budget Committee adjourned at
7:20 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 minutes 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,
________________________________________
Fred
Hilden Administrative Assistant
Approved by the
Planning
Commission on the _____ day of _____, 2009,
________________________________________
David
Bellemore
Planning
Commission Chairman