ORDINANCE NO. 184

AN ORDINANCE AMENDING ORDINANCE 50 AND MODIFYING SECTION 156.093 OF THE DUNES CITY CODE

AN ORDINANCE AMENDING ORDINANCE 50 AND MODIFYING SECTION 156.093 OF THE DUNES CITY CODE  

WHEREAS, on January 17, 2006, Marvin & Darlene Beckman submitted an application to change the Dunes City Comprehensive Plan to remove the Open Space Overlay designation from Booth Island and to rezone tax Lots 200 and 201, Lane County Assessor's Map 20-12-00-00, to remove the Open Space Overlay Zone; and  

WHEREAS, on February 16, 2006 this proposal was deemed complete by Dunes City ; and  

WHEREAS, subsequent to public hearings before the Dunes City Planning Commission the proposal was modified to include changes to Section 156.093 of the Dunes City Code; and  

WHEREAS, public hearings on this proposal were held by the Dunes City Planning Commission on April 20, 2006, May18, 2006, and May 23, 2006 and the Planning Commission made a recommendation to the City Council of Dunes City that the portion of the proposal modifying the Dunes City Comprehensive Plan and rezoning tax lots 200 and 201 be denied but that the proposed amendment to Section 156.093 of the Dunes City Code be approved; and  

WHEREAS, the City Council of Dunes City heard the Beckman proposal at a public hearing on June 8, 2006 and voted to deny the portion of the application modifying the Dunes City Comprehensive Plan and rezoning tax lots 200 and 201; and  

WHEREAS, at its June 8 meeting, the Dunes City Council voted to continue its hearing on the portion of the Beckman proposal that amends Section 156.093 of the Dunes City Code until July 13, 2006; and  

WHEREAS, personal notice of the July 13, 2006 City Council meeting was mailed out on June 13, 2006 to individuals living within 300 feet of the properties affected by the amendment to Section 156.093 of the Dunes City Code; and  

WHEREAS, evidence exists within the record indicating that the proposal meets the requirements of Sections 156.214(B)(1), (2) and (3) of the Dunes City Code.  

NOW, THEREFORE, THE CITY OF DUNES CITY ORDAINS AS FOLLOWS:  

Section 1.        Dunes City Code Amendment. Section 156.093 of the Dunes City Code shall be modified as follows:  

§ 156.093  BOOTH ISLAND .

(A)       Un-platted areas.  An Open Space Overlay Zone shall apply to the un-platted areas of Booth Island that were unplatted as of 7/13/78 .  

(B)       Permitted uses.  On the unplatted areas of Booth Island , the following uses are permitted as hereinafter specifically provided for by this section, subject to the general provisions and exceptions set forth in this part:

 (1)       Low intensity uses such as hiking, walking, observation, and other similar uses are allowed.

 (C)      Conditional uses.  The following conditional uses are subject to a conditional use permit granted pursuant to the general provisions of this part providing for the granting of conditional use permits (see § 156.215):

 (1)       Structures which can meet variance criteria and underlying zone limitations. (Ord. 50, § 5.1(IV), passed 7‑13‑78)

(2)        Residential use and structures which can meet underlying zone limitations and the following requirements:

(a)        Compliance with the following provisions of the Wetlands and Riparian Overlay Zone:

1.         Sections 156.120, 156.121, 156.122, 156.123, and 156.124.

(b)        Compliance with the following provisions of the General Development Standards and Requirements:

1.           Sections 156.136, 156.137, 156.139, and 156.140.

(c)        Compliance with the erosion control provisions of Exhibit B of Ordinance 181.

 (d)       No fencing of property boundaries shall be allowed.

 (e)       Livestock, pets or domesticated animals are prohibited.

 (f)       No hunting shall occur on Booth Island .

 (g)       Vegetation removal shall be limited to the area of the dwelling site, its pathways, accessory structures and facilities.  Vegetation removal shall be allowed for solar access.

(h)         All structures shall be of stick-built construction.  Recreational vehicles, trailers and manufactured dwellings are prohibited for residential use.  Dwelling structures shall be limited to 2000 square feet of living space.  All structures shall be constructed with earth tone coloration consistent with the natural setting of Booth Island .

(i)         Motorcycles and all-terrain vehicles shall be limited to transportation use only.  Recreation use of motorcycles and all-terrain vehicles is prohibited.

(j)        Fire retardant roofs on all structures.

(k)        Compliance with subsurface disposal standards of Sections 2.c. of Ordinance 181.

(l)         Motorized vehicles used for transportation purposes shall be used only on clearly marked pathways designed for common use and minimal vegetation disturbance and removal. Access easements for all parcels shall be recorded at the time of first partition application approval.

(m)       Construction materials for all allowed structures will be transported to all of the newly created parcels (Map 20120000 TL200 and Map 20120310 TL 3000) from a single access point, using only the designated pathways. Access easements for all parcels shall be recorded at the time of first partition application approval. The dock and/or loading area shall be designed with riparian vegetation protection measures and the location of the access point shall be agreed upon by expert and land owners.

(n)        There shall be a shoreline riparian buffer of 100 feet from mean high water mark of Siltcoos Lake . The first 50 feet perpendicular to the shoreline (from water to upland on the island) shall be a “no touch” zone with no disturbance to vegetation, no building, and no recreational activities. The only exception to this “no touch” shall be the shared docks specified below in section (q) for water access for boats and passive recreational activities. The remaining 50 feet of the 100 foot riparian buffer shall be a tree protection zone for the purpose of recruitment of woody debris. In this zone no trees shall not be harvested or pruned, for any purpose including building structures, except for solar access and certified by an arboreal professional to be imminently dangerous to residents.

(o)        Woody debris shall be left along the shoreline and in the 100 foot riparian buffer and aquatic plant life with the exception of invasive noxious plants shall be left undisturbed.

(p)        All docks shall be no larger than 400 square feet with a maximum shoreline width of 20 feet.

 (3)       The following parcels shall be limited in size as follows:

(a)        Assessor’s Map No. 20-12-03-10 TL 3001 (1.19 acres):  Tax Lot 3001 shall not be further partitioned or subdivided and shall contain the same area as exists on the date in 2006 that this provision was enacted.

(b)        Assessor’s Map No. 20-12-03-10 TL 3100 (1.07 acres):  Tax Lot 3100 shall not be further partitioned or subdivided and shall contain the same area as exists on the date in 2006 that this provision was enacted.

(c)        Assessor’s Map No. 20-12-00-00 TL 201(11.73 acres):  Tax Lot 201 shall not be further partitioned or subdivided and shall contain the same or  larger area as exists on the date in 2006 that this provision was enacted.

(d)        Assessor’s Map No. 20-12-00-00 TL 200(25.36 acres) and 20-12-03-10 TL 3000(0.87 acres): Tax Lots 200 and 3000 shall be considered together for the purposes of this provision and the total number of parcels that may be created from Tax Lots 200 and 3000 together shall not exceed six and the six parcels shall cumulatively average greater than 3.5 acres.

Section 2.        Findings.  Although not a part of this Ordinance, the City Council adopts the findings in support of this action as set forth in the attached Exhibit “A”.  

Section 3.        Repeal.  The prior code language repealed or changed by this Ordinance remain in full force and effect prior to the effective date of this Ordinance.  

Section 4.        Severability.  If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof.  

ADOPTED BY THE DUNES CITY COUNCIL THIS 13th DAY OF JULY, 2006. 

Ayes: _____                 Nays:_____                 Abstain:_____                 Absent:_____  

__________________________                                __________________________

Sheldon Meyer, Mayor                                               Joanne Hickey, City Recorder