1.  Call to Order

The regular meeting of the Dunes City Planning Commission was called to order at 10:13 a.m. by Planning Commission Chairman Lee Riechel.  

Present:          Chairman Lee Riechel, Commissioner Ken Platt, Commissioner David Bellemore, and Commissioner Sandy Jones                       

                        Commissioner Eggert Madsen and Commissioner Ron Shearer were not present.  

Others Present:         City Recorder Amy Graham, Planning Secretary Lisa Ekelund, Alan Montgomery, and Brandi Bell.   

2.  Public Meeting  

A.  Montgomery Subdivision  

Chairman Riechel asked if there were any ex-parte contacts during the last week.  He stated he had contact with the Mayor.  He informed deliberations were not complete and they would reconvene today to review any new information and to continue and review the deliberations.  He said in no way did this discussion bias his opinion.  Additionally, the Chairman stated he, Commissioner Bellemore and Lisa Ekelund met yesterday to go over notes to make sure there was accurate information for this meeting.  

            Commissioner Bellemore said the Mayor called him on a personal matter and the Mayor made a comment of his hopes for a decision.  

Commissioner Jones said she had a message on her recorder left by Mr. Norman Martin inquiring of the outcome of the last meeting.  She said she hadn't talked to him.   

            Chairman Riechel asked if anyone had conflicts of interest.  All Commissioners stated no.  

Commissioner Riechel said they will continue with discussion and explained what the end result would be such as passing the form of the staff report and findings of fact.  He said the final result would be approval or disapproval.  

Commissioner Bellemore wanted to verify the applicant had a letter submitted by Roseanna Kirkpatrick which listed her concerns and City Recorder Amy Graham said she handed the applicant a copy.  

Chairman Riechel spoke of Ms. Kirkpatrick's letter stating the cost and action of crime prevention was nearly zero and not much could be done in this hearing regarding it.  He said the right to privacy is covered by the setback codes.  He said there were no known endangered species in this area and the impact on wildlife is nothing the City could address until such is discovered.  

Commissioner Bellemore stated the issues are difficult to address point by point as they are not part of specific codes.   

Chairman Riechel stated in the future if the situation arises it could be addressed.  

Commissioner Bellemore suggested a system development charge in the future to cover police protection and Chairman Riechel stated it would need to take place as a code update.  

            Commissioner Bellemore said he had a couple of thoughts regarding the findings of fact on page 4 of 16, compliance with ORS Chapter 92.  He read the response by the applicant's attorney.  He said he wasn’t up enough on the Oregon statues in relation to municipal statutes.  He had staff call the attorney to ask if the applicant's attorney was right.  The City attorney said this applies to tentative plats as well as finalized plats.  He said he believes the domestic water supply needs to be in place before the plat is approved.  His concern with the community water system is the homeowners association is generally responsible for looking after the water and that it may eventually become a public one.  He questions who will be in charge down the road and if it will pass all State regulations.  

            Chairman Riechel said if the Commission wants to hold their position, they would say this is a fatal law but at this time with the position of trying to make this happen, there could be conditions set in place.  He said you can’t get final approval until system is installed and you can’t install the system until there is approval.  He said he is inclined to condition this to the benefit of the applicant.   

            Commissioner Jones asked if a person could get a final plat without this in place.  

Commissioner Bellemore and Chairman Riechel both answered saying the State requires the source of water to be in place.   

Commissioner Bellemore made a motion of a condition prior to final plat approval provide documentation of approval by the appropriate governmental entity that a water system is approved to be installed.  

Commissioner Platt seconded the motion and after unanimous vote of 3 to 0 the motion passed.   

Chairman Riechel spoke of erosion control measures.  He said the applicant submitted an unreadable copy.  He said this should be updated on a larger scale.  

Brandi Bell stated they would provide bigger copies and Alan Montgomery said they would mail them.  

Commissioner Bellemore said he would like to see the States erosion plan.  Chairman Riechel asked if it’s a permit or a plan.  Commissioner Bellemore said it was a permit that needs to be accompanied by a plan.  

Commissioner Bellemore asked if the applicant could provide the full size plan.  The applicant said it was at home and then inquired how many copies were needed.  Five copies were agreed upon.  

Chairman Riechel said condition number 5 needs to be rewritten as, "Provide 5 copies of the erosion control plan at scale of 1:100 or larger plotted at full scale."  

Commissioner Jones questioned condition number 6 regarding the re-vegetation plan.  Commissioner Bellemore explained this is required by State and it’s required now for tentative but is not possible at this moment in time.  He said this is why they are bringing it forward as a condition prior to plat approval.   

Commissioner Jones suggested the essence could be anything not replanted needs to be done so with native plants.  

Chairman Riechel corrected #6 to state prior to “final” plat approval then stated corrections could be made to the entire document resulting with one motion for its completion.  

Chairman Riechel questioned #7 and Brandi Bell said she submitted the excavation and grading permit through Joy Gipson.  Chairman Riechel asked Lisa Ekelund to find the document and #7 would be removed.  

Commissioner Bellemore said he was concerned the City has an interest in the private water supply because people call the City if there are issues regardless of who runs it.  

Chairman Riechel said the best thing to do would be to put it in the CC&R and Commissioner Bellemore said it could be as simple as the name of the authority.  

Commissioner Platt suggested the president of the homeowners association.   

Chairman Riechel said the operator needs to be licensed and it could change in time.  He said the CC&R shall specify Dunes City be kept current as to contact information.  

Brandi Bell asked if this is a condition to the final plat or to the preliminary.  The Chairman said it would be preliminary with applicant as the primary contact and change.  

The Chairman said #9 will now be labeled #7.  Brandi Bell said the water permit is in place from the State.   

Chairman Riechel said it was a permit for up to 28 homes.  He said once it’s used as a community system, the DEQ controls how it’s used.  The Permit only covers the diversion.   

Commissioner Bellemore said what the applicant has is a permit to take water out of the lake.  He said there are a lot of different uses to the water and what the Commission was discussing was the tanked water before the community drinks it.  He said there are different sets of regulations for private water systems.   

Brandi Bell asked if it is a requirement for the tentative plan and Commissioner Bellemore said no, it’s for the final.  

The Chairman began discussion of condition #8 to provide final storm water design data prior to final plat approval which maintains historical drainage flows.  He said when they design the road they will look at storm water containment in the design for the road but nothing else.  

Commissioner Bellemore said even the simplest developments have storm water plans.  He said it doesn’t look like a challenging property and a plan is not unreasonable especially with the wetland and the lake.   

The Chairman said the major concern is erosion. 

Commissioner Bellemore said erosion control is a separate thing.  

The Chairman said the only thing that really impacts this is the amount of and the addition of impermeable areas.  He said it has to drain somewhere otherwise if there is a heavy rain event it would get concentrated.  Reduction and treatment of flow would need to be addressed.  He said his concern is this only addresses the road.  

Commissioner Jones said in terms of the storm water, it should be addressed in respect to the road and as there is development, it should be addressed at such time.  

The Chairman said the City could require the design information and storm water management design information for the road.  

Commissioner Bellemore suggested merging this with #1 but still feels there should be an ordinance for the entire property.  A separate motion would be made to amend the original motion which was made prior.  

Commissioner Jones said the condition that as motioned on earlier only suggests the road and not the entire property.  

Commissioner Bellemore said given what they were going for, #8 becomes moot.  

The Chairman suggested the conditions from the last meeting be revisited for organization.  

Commissioner Bellemore read his notes from the prior meeting of conditions approved.  He discussed #1 and #2 as already being passed at the last meeting.  

The Commissioners discussed the editing and organization of the conditions.  

Commissioner Bellemore discussed his concerns with the underground springs and having a Hydrologist investigate it.  

Brandi Bell expressed her views of the springs and that if there was a spring, it would have showed up.  She said there was a soils report.  

Commissioner Bellemore said the soils report doesn’t cover water.  He said a Hydrologist would verify it.  

Commissioner Jones said there is a lot of ground water in Oregon but there is a concern if ….Brandi Bell interrupted saying test hole pits would cover it.  Commissioner Jones answered Ms. Bell's comments with explanation.  

Chairman Riechel said the whole area is relatively steep cut.  During the rains there hasn’t been any known complaints of overflowing water but the question is still there regarding springs.  

The Commissioners discussed the specific wording for condition #2.  

Commissioner Bellemore motioned to withdraw the prior motion concerning the condition for providing an evaluation of lots 5, 8, and 9.  It was seconded by Commissioner Jones and after a unanimous vote of 3 to 0 it passed.  

Chairman Riechel brought discussion of each condition in order.  

He said condition number one is unchanged and should state:  Provide a road layout to minimize the impact of tree loss and to include formal/detailed storm water management.  

He said condition number two should state:  A Hydrologist shall investigate the property and provide an evaluation because of concerns expressed in the letter from Gerald Reavis.  

He said condition number three had already passed.  

He said condition number four had not passed and it should state:  Provide a copy of the DEQ 1200-C Permit and Plan.  

He said condition number five should state:  Provide 5 copies of the erosion control plan at scale of 1:100 or larger plotted at full scale.   

He said condition number six should state:  Prior to final plat approval; provide a re-vegetation plan approved by City Council.  

He said condition number seven should state:  State on the CC&R, the name of a contact person with their address and phone number who is in charge of the water system shall be provided to Dunes City .  

He said condition number eight had already passed.  

He said condition number nine had already passed.  

Commissioner Jones motioned to approve the conditions of approval with #1, 2, 4, 5, 6, & 7 added to the previously passed conditions.  Commissioner Platt seconded the motion and after unanimous vote of 3 to 0 it passed.  

3.  Approval of Staff Report  

Chairman Riechel said there was a last minute letter of opposition from Roseanna Kirkpatrick which needs to be added into public comment as a correction.   

The Chairman in the Staff report page 3 and 4, the erosion control plan is in hand it just needs to be in readable form.  He said this should be deleted.  He said proof of substantiated assurance of the availability of water to all proposed buildable lots, as required by DCC 155.4.3.11(B) and ORS 92.090(4) should be removed.  He said access to Clear Lake Road document is deleted because it’s been received.  He said a licensed engineer's documentation of the safety of all development proposed on slopes in excess of 16 percent can come out, #5 was a misunderstanding of the Planning Secretary, Joy Gipson and it should be removed.  He said #6 rather than an impact study; it would be covered by the conditions of the area of concern so it should be removed.  

Commissioner Jones said the statement that it might be beneficial to move the road should be taken out.  It was discussed and the Commission decided the last 4 lines are removed.  

The Chairman suggested removal of section 6 and Commissioner Jones agreed with removing it.  The Chairman said the staff report was not the place for recommendations.  He said it should be in the findings of facts.  

Commissioner Bellemore moved to accept the staff report of Montgomery View Estates (SUB 01-07) as amended.  Commissioner Platt seconded and Chairman Riechel asked if there was any further comment to be made.  

Commissioner Jones said 1-4 text changes should read the Planning Commission recommends approval of the subdivision application with conditions.  

Commissioner Bellemore said this is exactly how it would be done.  

The motion still stood to accept the staff report of Montgomery View Estates (SUB 01-07) as amended and after unanimous vote with 3 in favor and 0 against it passed.  

Commissioner Bellemore motioned to approve the draft findings of fact as modified in previous meeting and minutes of this meeting.  Commissioner Platt seconded and after unanimous vote of 3 to 0, it passed.  

Chairman Riechel motioned that the application of Mr. Alan Montgomery for Montgomery View Subdivision (SUB-01), tax lot 100, assessors map number 19-12-23-40 be recommended to the City Council for approval with the nine numbered conditions because after review of the evidence supporting the application as compared to the evidence supporting denial of the application that the weight of the evidence for, outweighs the evidence against.  

Commissioner Jones seconded the motion.  

After vote, 2 were in favor with 1 vote by Commissioner Bellemore declining.  The motioned passed.  

4.  Roll Call  

Chairman Riechel stated Commissioner Sandy Jones , Commissioner Ken Platt, and Commissioner David Bellemore were present.  Commissioner Eggert Madsen had an excused absence.  

5.  Adjournment  

Commissioner Bellemore moved to adjourn the meeting and Commissioner Jones seconded.  After unanimous vote, the meeting adjourned at 12:24p.m.  

Respectfully Submitted,  Lisa Ekelund    Planning Secretary