DUNES CITY
PLANNING COMMISSION
REGULAR MEETING
MARCH 20, 2002 ---
7:00 P.M.
The meeting was called to order at 7:04 p.m. by Planning Commission Chair Lee Riechel.
Present Don Puderbaugh; Dan Karnes; Chair, Lee Riechel; Steve Hardeman; Planning Secretary, Jeannie Cerda.
Bryce Spankroy arrived at 7:12 p.m.
A. February
21, 2002 - Regular Meeting
Action D. Puderbaugh made a motion to approve the minutes of the regularly scheduled February 21, 2002, Planning Commission meeting. The motion was seconded, the voting was unanimous, and the motion carried.
There were no announcements or correspondences.
A. Norman
C. Martin - 83750 Rio Road, Florence, Oregon 97439
Mr. Martin stated that he feels that a vendetta is being formed against him and his property. He stated that he received a letter from Robert Petersdorf and the Road Commission denying his driveway/access permit. In the letter, Robert Petersdorf quotes ordinances that are incorrect. Mr. Martin stated that when the Road Commission met and made the decision regarding his driveway/access permit, they did so illegally since the road commission did not have a quorum of voting members and therefore all decisions made by the Road Commission are invalid and need to be revisited when there is a quorum. Mr. Martin requested that the recommendation of the Road Commission be disregarded.
Chair Riechel, agreed that there was not a quorum of voting members at the Road Commission meeting. Chair Riechel directed the planning commissioners to remove the letter from the road commission and disregard any reference to the letter during the public hearing portion of the Planning Commission meeting. Chair Riechel suggested that Mr. Martin write a letter to the City Council regarding the Road Commission and lack of quorum.
VI. PUBLIC
HEARINGS
A. Minor
Partition - Norman & Judy Martin Parcel 2 of Tax Lot 402, Map No.
19-12-23-2
Chair Riechel announced the public hearing was for a Minor Partition to create two parcels out of parcel 2 of tax lot 402 on map 19-12-23-2.
The public hearing rules and procedures were explained and the “raise it or waive it” rule was read. The Minor Partition criteria were projected on the wall. Chair Riechel stated for the record that there had been a meeting at the property site. He stated that he and commissioners, Karnes, Hardeman, and Puderbaugh had visited the site. Commissioner Spankroy visited the site at an earlier time. Chair Riechel polled the commissioners for discovery of any additional findings, ex-parte, or conflicts of interest. None were declared.
Chair Riechel asked the applicant to address the criteria in his presentation and to state how his application meets that criterion:
Chair Riechel opened the public hearing at 7:27 p.m.
Norman C. & Judy
C. Martin: 83750 Rio Road, Florence, Oregon 97439
Mr. Martin stated that in reviewing the staff report, it appears that the major concern of the minor partition would be verifiable access. Mr. Martin stated that they have verifiable access in accordance with Dunes City Code. Mrs. Martin proceeded to hand out a copy of Dunes City Code referencing verifiable access, in which she stated they meet since there is a recorded driveway easement.
D. Karnes asked Mr. & Mrs. Martin to explain the outcome of their previous Minor Partition with the City Council. Mr. & Mrs. Martin stated that it was finally approved with minor conditions.
D. Puderbaugh asked if the wetland/riparian area issue was resolved. Mr. Martin stated that it was resolved, that correspondences from ODFW, Wilbur Ternyik found that there were no wetland/riparian areas on the property and that the City Council concurred with these findings, which should all be in the property file. D. Puderbaugh reviewed the file and minutes of the meetings and found that the riparian issue was not resolved or at least there was no reference in the property file regarding the riparian area. (Related lengthy discussion followed)
S. Hardeman asked about access to the property. Mrs. Martin stated that they have access via a recorded driveway easement, which was approved by the City Council. S. Hardeman stated that there is currently a “logging road” on the property, which was placed over the driveway easement. Mrs. Martin stated they would convert the logging road to a driveway at some point in the future. S. Hardeman stated that until the logging road is brought into compliance, there is no verifiable access. Mrs. Martin stated that they meet the verifiable access by having a “Driveway Easement.” S. Hardeman stated that an easement alone does not meet verifiable access. (Related lengthy discussion followed)
Proponents
None
Opponents
None
Chair Riechel closed the public hearing at 8:23
The commissioners had a lengthy discussion regarding the riparian area on the property and verifiable access as required in the recommendation for approval, and the future extension of Rio Road as indicated in the Master Road Plan.
Action D. Puderbaugh made a motion to accept the Staff Report and Findings of Facts as Written. S. Hardeman seconded the motion. The voting was unanimous and the motion carried.
5-Aye, 0-Nay.
L. Riechel stated that the riparian area does not affect the proposed parcel and therefore does not need to be addressed.
D. Puderbaugh stated that he feels that the riparian area does need to be addressed regarding this parcel because the access to these parcels is dependent upon the proposed access across the riparian area. Until determined, these two parcels are affected by the riparian area and should be addressed. It should be stated with the denial that there needs to be a definite legal closure on the definition of whether the drainage area at the easement is riparian area or not, and a more solid closure regarding the wetland issue.
D. Karnes stated that even though Dunes City Code allows for the development of roads within a riparian area, they must be designed to minimize intrusion into the riparian area. He stated there are other areas that could access the property that could minimize or not intrude upon the riparian area.
A lengthy discussion was had regarding alternative access to the properties that would minimize intrusion to the riparian area.
L Riechel stated that the driveway (currently a logging) was not installed in accordance with Dunes City Code. In order to utilize the logging road as a driveway, an excavating and grading permit and engineering will be required, because the current logging road was created without the necessary permits and there is no way to determine how the road was built. A lengthy discussion followed regarding the driveway/logging road.
D. Karnes stated that he does not believe there is verifiable access, but the next point is; how do you get verifiable access? D. Puderbaugh stated that he believes that it would require some legal assurances attached to this piece of property and the riparian area issue being resolved. D. Puderbaugh stated that the Planning Commission is trying to flag this particular partition for a person who may purchase the property, knowing full well that the logging road has not met the excavation requirements and grading and back filling requirements of Dunes City ordinances.
Mrs. Martin stated that she knows of engineering standards for roads within Dunes City, but is not aware of standards for driveways, and understands that driveways are under the jurisdiction of the building inspector. S. Hardeman stated that it is the excavating, grading and fill that requires the engineering. The fact that 15-feet of dirt was brought in is the problem and moving a bulldozer back and forth does not do the trick.
S. Hardeman stated that the logging road is not completed. When visiting the site, he noted that the road was sloughing off a mud pit. Mrs. Martin stated that the North side is not eroding and the south side will be done shortly. S. Hardeman stated that the south side is not completed and is eroding at this time.
Action: S. Hardeman: “I would like to make the motion that we recommend to the City Council that it DENY the request of Norman C. and Judy C. Martin, for a Minor Partition, because having considered the evidence presented by those for the proposal as well as the evidence against the proposal, I find by the weight of the evidence ‘against’ that the proposal should be denied”. D. Puderbaugh seconded the motion.
D. Puderbaugh asked for clarification of the reasons for denial:
1. No conclusion that the drainage area is a riparian area and if it were a riparian area, the application as proposed is not a minimum intrusion upon the riparian area.
2. The logging road superposition over the access easement that the city
Code section for access 155.089 (C)1(c) is not met; and adversely affects
the safe and healthful development of such remainder or any adjoining land or access thereto.
L. Riechel asked for any other discussion. There was none.
L. Riechel called for a roll call vote.
D. Puderbaugh, yes on the motion; D. Karnes, Yes on the motion; L. Riechel, yes on the motion; S. Hardeman, yes on the motion; B. Spankroy, yes on the motion.
The voting was unanimous, the motion carried.
B. Minor
Partition - Norman & Judy Martin Parcel 3 of Tax Lot 402, Map No.
19-12-23-2
Chair Riechel announced the public hearing was for a Minor Partition to create two parcels out of parcel 3 of tax lot 402 on map 19-12-23-2.
The public hearing rules and procedures were explained and the “raise it or waive it” rule was read. The Minor Partition criteria were projected on the wall. Chair Riechel stated for the record that there had been a meeting at the property site. He stated that he and commissioners, Karnes, Hardeman, and Puderbaugh had visited the site. Commissioner Spankroy visited the site at an earlier time. Chair Riechel polled the commissioners for discovery of any additional findings, ex-parte, or conflicts of interest. None were declared.
Chair Riechel asked the applicant to address the criteria in his presentation and to state how his application meets that criterion:
Chair Riechel opened the public hearing at 9:39 p.m.
Mrs. Martin stated that the two partitions are very similar to the previous Minor Partition. The two questions, verification of access and safety of the road. The only difference is that one parcel has direct access to Salal and there is a drainage easement running through the properties.
L. Riechel asked if there were any questions. There was none.
Proponents
None
Opponents
None
L. Riechel closed the public hearing at 9:43 p.m.
Action D. Karnes made a motion to accept the Staff Report and Findings of Facts as Written. S. Hardeman seconded the motion. The voting was unanimous and the motion carried.
5-Aye, 0-Nay.
L. Riechel stated that the results
of this minor partition will be the same as the previous minor partition with
the addition of one more item, that parcel one does not show access directly to
Salal. Currently it is presumed that
access to all four parcels occur off the easement.
Action: S. Hardeman: “I would like to make
the motion that we recommend to the City Council that it DENY the request of
Norman C. and Judy C. Martin, for a Minor Partition, because having considered
the evidence presented by those for the proposal as well as the evidence
against the proposal, I find by the weight of the evidence ‘against’ that the
proposal should be denied”. D. Karnes
seconded the motion.
L. Riechel called for discussion.
D. Puderbaugh stated with the following reasons:
1. No conclusion that the drainage area is a riparian area and if it were a riparian area, the application as proposed is not a minimum intrusion upon the riparian area.
2. The logging road superposition over the access easement that the city
Code section for access 155.089 (C)1(c) is not met; And adversely affects
the safe and healthful development of such remainder or any adjoining land or access thereto.
Mayor
None
A. Code Revision Grant
Dunes City has received a $7500 grant to review and revise current code. Denise Kalakay and Gary Darnielle will be assisting Dunes City with the process. No dates have been set.
L. Riechel closed the meeting at 10:15 p.m.
_______________________________ _______________________________
Chair, Lee Riechel Planning
Secretary, J. Cerda
_______________________________ ________________________________
Don Puderbaugh Dan
Karnes
________________________________
Bryce Spankroy Steve
Hardeman