SIUSLAW NEWS | WEDNESDAY, JULY 17, 2019 | 9A WOAHINK from page 1A advice of our attorney, it was brought before this current city council for approval to comply with the court order. They did that. The court order tells what has to happen, and it’s more like a laundry list of actions that have to take place. The city doesn’t have the ability to tell them ‘no,’ other than the documentation that was re- quired by the court. We can require that it be brought up to current standards and codes, but that’s about the only thing we would be able to do.” The question before the Planning Commission is not whether or not the de- velopment can be stopped, but if the development meets code. This is what the members of the Woahink Lake Association want the planning commission to be aware of. “We just want the develop- ment to be within the accor- dance of what state, county and city codes require,” said Aaron Bowen, who spoke to the association on Satur- Shorewood Senior Living IS TRULY A UNIQUE INDEPENDENT LIVING COMMUNITY Apartment For Rent A third fl oor beauty. Great natural light, one bedroom/one bath- room unit. KitcheneƩ e, lots of storage. Three meals per day, weekly housekeeping, all uƟ liƟ es, Wi-Fi and cable included. Shorewood is a fun new lifestyle. Join the group who loves the independent and carefree way of life. Call for a tour and see this apartment home today! 541.997.8202 shorewoodsl.com 1451 Spruce Street, Florence day during the associations meeting at Honeyman State Park. Bowen is realistic about the development, believing that the developer has a right to recoup investments. “I understand him trying to maximize the number of lots, but let’s be diligent that it won’t destroy the environ- ment,” Bowen said. In a presentation made to the association, Bowen list- ed a number of points that he believes the Dunes City Planning Commission and the developer should keep in mind. The largest issue has to do with the water quality of Lit- tle Woahink itself, which ex- isting homeowners get their water directly from. Bowen was concerned with runoff from the development site into the lake, particular- ly during the construction phase. He fears that con- struction materials, such as glues, diesel, oils and other toxic chemicals such as ce- ment could seep into the lake. He is also concerned about the required setback of the development, and wants the Planning Commission to ensure that enough space is left between the lake and the development. After construction, Bow- en is concerned with just general runoff from the de- velopment. “It’s going directly into the lake where these people drink water from,” Bowen said. “There are several plac- es in town that are moving runoff into a little settling pond that is allowed to filter into an aquifer. That’s the kind of thing that’s smart about doing runoff.” The Woahink Lake As- sociation is also concerned about the septic systems the homes would use, stating that the development area is designated as “unsuitable” by Lane County Underground Sewage Land classifications. Bowen added that the city should require the developer to use alternative treatment technology, such as pumps or filters, to protect the aqui- fer. He also called for a con- servation strategic plan to protect the wildlife popula- tions in the area, pointing out that the lake has two FIELD TEST CANDIDATES WANTED URGENT NOTICE: You may be qualified to participate in a special Field Test of new hearing instrument technology being held at a local test site. An industry leader in digital hearing devices is sponsoring a product fi eld test in your area next week and they have asked us to select up to 15 qualifi ed candidates to participate. They are interested in determining the benefi ts of GENIUS™ 3.0 Technology in eliminating the diffi culty hearing aid users experience in diffi cult environments, such as those with background noise or multiple talkers. Candidates in other test areas have reported very positive feedback so far. We are looking for additional candidates in Florence and the surrounding areas. 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See store for details. quality Darlingtonia bogs, native salmon pass over Lit- tle Woahink Dam to spawn, beaver exist just downstream and is home to bald eagles, ospreys and blue herons. “Just please be careful,” Bowen said. “We all love this place for a reason. We don’t want to be another Flint, Mich.” The Woahink Lake As- sociation is encouraging Dunes City residents to sub- mit written comments to the city. The process for public comments for this issue is different than previous land use issues, a circumstance that arises from the develop- ment’s unique legal history. “There has been some confusion on the process to use, since the whole situa- tion is more than 10 years old and, had the City Coun- cil done what it was required to do back then, this would all be a non-issue,” Mills said. There had been some complaints that the com- ments were required to be written, and that residents could not voice their con- cerns directly to the com- mission during the meeting. Some at the Woahink Lake Association believed the city was attempting to squash public opinions on the mat- ter, which Mills disputed. “Dunes City Code Section 155.4.3.160 provides for a Type II process for final plat approval,” she said. “A Type II process is an ‘administra- tive’ process, unlike a Type III process which is a qua- si-judicial process. Note that the Type II process simply means that the Planning Commission is the decision maker and it does not re- quire a public hearing.” She noted that there is a difference between a public hearing and a public meet- ing. The Planning Commis- sion meeting will be public, open to all, while a public hearing is a formal legal term allowing for public comment during the meet- ing. In this instance, ORS 197.153 requires “us to send out a notice with the cri- teria and provide a period for folks to submit written comments,” Mills said. “Af- ter the comment period has expired, the Planning Com- mission meets to make the final decision.” Generally, a final Plan- ning Commission would be subject to appeal to LUBA if there were objections, but Mills was unclear as to whether or not this partic- ular decision could go to LUBA, since the appeals board had previously made a decision. However, an appeal could be moot if the Planning Commission is able to satis- fy the concerns of residents like Bowen and the needs of the developer. Written comments are due by Friday, July 19, by 5 p.m., and can be mailed to the Dunes City Planning Secre- tary at PO Box 97, Westlake, emailed to the Planning Sec- retary at planning@dunesc- ityor.com, or faxed to 541- 997-5751. Comments can also be dropped off at Dunes City Hall itself, including on Friday when the office is closed. In that instance, res- idents are instructed to slide their comments through the mail slot.