Dunes
City Planning Commission
M I N U T E S REGULAR SESSION – July 22, 2010 at 6:00 pm
print file
Meeting Minutes ~ Approved
August 26 at
6:00 pm
City Hall - 82877 Spruce St., Westlake, OR 97439
1. Call to Order
The Planning Commission meeting was called to order by Planning Chairman, Lee Riechel at
6:04 pm
.
2. Roll Call
Roll Call was taken by Lisa
Ekelund.
Present: Planning Chairman
Lee Riechel
, Planning Vice-Chairman Tom Bassett, Commissioner David Bellemore, Commissioner Ken Henderson, and Commissioner Marilyn Miller.
Absent: Commissioner Ken Platt (excused).
Others Present: Lisa Ekelund.
3. Pledge of Allegiance
All who were present stood for the Pledge of Allegiance.
4. Approval of the Agenda
Commissioner Henderson made the motion to approve the Agenda. Commissioner Miller seconded the motion. The motion passed by unanimous vote.
5. Consent Agenda
- Approval of the
07/22/10
meeting minutes
Chairman Riechel stated that the approval of the minutes would be for
07/22/10
minutes rather than
07/08/10
minutes as stated on the Agenda.
Commissioner Bassett made the motion to accept the Planning
Commission meeting minutes of
07/22/10
. Commissioner Bellemore seconded the motion. The motion passed by
unanimous vote.
6. Announcements / Correspondence
Chairman Riechel said the nature of tonight's meeting is to have a workshop on the code review. Additionally, Chairman Riechel said he would like to discuss the possibility of keeping the adjournment time of the meeting the same but possibly moving the start time to 6:30 pm
.
Commissioner Miller said she prefers the meeting to start at
6:00 pm
.
Commissioner Henderson suggested starting at
4:00 pm
or
3:00 pm
.
Commissioner Miller asked if they could start at
4:30 pm
.
Chairman Riechel said he would like to have Lisa talk this question over with the City Recorder to conclude what the earliest time to start could be.
Chairman Riechel said he would discuss this matter with Lisa along with the
City Recorder
next week. Chairman Riechel said this topic would be placed on next month's Agenda.
Commissioner Bassett said in the minutes of the last meeting, Chairman Riechel stated there would be a
complaint coming up this month.
Chairman Riechel said the Conservation Committee went out on
Woodland Lane
because of a complaint received. Chairman Riechel said the Committee wrote a report and Councilor Howison spoke
of it at the last City Council meeting. Chairman Riechel said the City Council made a decision
and acted on it. Chairman Riechel said the Planning Commission does not get involved with vegetation removal in the Shoreland when it pertains to a
complaint.
Chairman Riechel said he attended the
last Road
Commission meeting and there were no issues that affected the Planning Commission.
Commissioner Bassett asked for the status of the code-review that the Planning Commission did as a group.
Chairman Riechel explained the steps that have been taken and noted that the process can be slow.
Lisa Ekelund explained the process of the code audit and the costs involved with notifications.
7. Citizen Input
There was no citizen input.
8. Unfinished / Old Business
Chairman Riechel said it is important that the City has code to work with that does not cause errors. Chairman Riechel said the courts and LUBA also know that through the progression of
authority or the progression of hierarchy in the law, the top of the law begins with the State Comprehensive Plan. Chairman Riechel said the next step
is that the City writes its Comprehensive Plan and the State approves it. Chairman Riechel said the Comprehensive Plan is not something the City can
do but rather, it is a plan and the City's obligation is to write Code that blends the City's needs and requirements into every last applicable policy in the Comprehensive Plan. Chairman Riechel continued his explanation of the process for land use decisions and the rolls of the
Staff
Report, Findings of Fact, and Conclusions of Law.
Commissioner Bellemore said there are many people who do not understand the point of the Comprehensive
Plan in that they think it carries the weight of law but it does not.
Commissioner Bellemore said the Comprehensive Plan is absolutely unenforceable
in a court of law. Commissioner Bellemore said the Comprehensive Plan gives a general direction or atmosphere for a City. Commissioner Bellemore said the Comprehensive Plan guides the formation of the law.
The Planning Commission reviewed the suggested changes to DCC 155.4.1.9.E as provided by Chairman
Riechel.
Chairman Riechel said currently 155.4.1.9.E states, "The conduct of a hearing on an application for a limited land use shall be the same as a Type
III
proceeding, as provided by Section 155.4.1.6.E." Chairman Riechel proposed that 155.4.1.9.E is changed and shall state, "Except for all
references to the City Council, the conduct of a hearing on an application for a Limited Land Use Decision
(LLUD) shall be the same as a Type
III
proceeding, as provided by Section 155.4.1.6.E. The process
for a LLUD shall be as specified in 155.4.1.9.F below."
Commissioner Bellemore made the motion that the Planning Commission
forward Chairman Riechel's suggestion to the City Council with the Planning Commission strongly recommending DCC 155.4.1.9.E be changed and also be sent to Legal Council for review to ensure
that the problem is solved. Commissioner Miller seconded the motion. The motion passed by unanimous vote.
The Planning Commission reviewed the suggested changes to DCC 155.2.3.200 as provided by Chairman
Riechel.
Commissioner Bassett made the motion to accept Chairman Riechel's
recommendations to DCC 155.2.3.200 and forward the recommendations to the City Council. Commissioner Henderson seconded the motion. Commissioner Bassett stated that he reconsidered his motion and he would feel more comfortable if the Planning Commission
reviewed the code further. Commissioner Bassett withdrew his motion and requested to have the topic placed on next months Agenda along with Ordinance
154. Commissioner Henderson withdrew his second to the motion.
Chairman Riechel requested that Lisa order the most current edition of the Oregon Marine Board Book so
that construction requirements may be reviewed.
9.
New
Business
There was no discussion regarding new business.
10. Unscheduled items not listed on the agenda
There was no discussion regarding unscheduled items not listed on the Agenda.
11. Adjournment
There being no further business to come before the Planning Commission, Commissioner Bellemore made the motion to adjourn the meeting. Commissioner
Miller seconded the motion. The motion passed by unanimous vote.
The meeting of the Dunes City Planning Commission adjourned at
8:51 pm
.
The proceedings of the Dunes City Planning Commission meeting were recorded on tape, and are on
file at City Hall. Upon approval by the Planning Commission, these minutes will be available online at www.dunescity.com
Approved by the Planning Commission on the 23rd
day
of September 2010.
[ Signed copy available at City Hall ]
Lee
Riechel, Planning Commission Chairman
ATTEST:
[ Signed copy available at City Hall ]
Lisa Ekelund
###