Board Meeting Minutes – 09.03.24
Location: Monarch Hotel conference room, 218
Update to Fall Meeting Schedule:
- October 1st Meeting to October 8th – Annual Meeting
- November 5th meeting to November 12th
Board Members Absent: Dave Nachand
Homeowners Present: Dave Blank, Nancy Hall, Sally Robinson
Guests: None
Call to Order: 7:00pm by President
Approval of Meeting Minutes: All board members present, and Kevin voted to approve the minutes from the August meeting.
Homeowner Topics:
- Nancy was pleased to report that a home, seeming abandoned, has been partially cleaned up.
- Dave commented that the HOA has authority to enter a lot to conduct necessary cleanup
- Page 12 of the covenants
- Dave commented that the HOA has authority to enter a lot to conduct necessary cleanup
- Sally Robinson discussed a tree in her yard that she says is leaning toward her house. She says the tree is obviously sick and is requesting approval to have it removed without an arborist assessment.
- Kevin will visit the property later this week to inspect the tree and provide approval if it is obvious that the tree is dying and is in danger of falling
- Josh noted a porta-potty at a home on 99th has been there for several months.
- HOA will send a letter to the homeowner asking the status.
BOARD OFFICERS/COMMITTEE REPORTS
President: Kevin Quick
- Report on the special executive session board meeting held on August 14th, 2024 (Virtual – attended by Kevin, Josh, John, and Darrell)
- Discussion of the HOA policy on businesses, including not-for-profit organizations operating in the neighborhood that require employees and cause additional traffic, deliveries, emergency services.
- Specifically:
- 10833 SE 95th Ct requested approval to operate an Adult Foster Care Home.
- 9844 SE Kela Ct. – neighbors report that the new owners of this home are planning some type of adult or elder care facility – they have not contacted the HOA for approval.
- Primary concern: These types of businesses violate the CC&R clause against operating a business out of a home in the HOA.
- Justification:
- Customers coming to obtain goods or services at the site.
- Employees providing, manufacturing, or delivering goods and services from the site.
- Employees identifying the site (e.g. to law enforcement or for tax purposes) as their place of business and not holding ownership interest in the site.
- Goods and materials delivered to the site on a regular basis to support the operations aspect.
- The substantive portion of the activities performed at the site being related to goods or services as opposed to residence or leisure.
- Habitation being long-term vs. transient/short-term.
- Laws and regulations applicable to the site's activities above and beyond those normally applicable to a primary residence. - All members present at the special session on 8/14 voted against approving the establishment or operation of adult care facilities within the HOA.
- Question from John Chapman: Based on the amount of information about government regulations related to Adult Care Homes – should we be concerned about violating federal or state law?
- The consensus among the board is that we are not violating any laws.
- Kevin indicated that the board could revisit the policy in the future, if we suspect the HOA is at risk of violating the law.
- Motion to approve the decision to restrict active businesses as described above was made by Ellyn Jeck
- Vote: All board members present voted in favor of rejecting two requests for homes to be used as Adult Care facilities and homes to be used for commercial business purposes that require any or all, but not limited to, the following: employees, vendor deliveries, inventory/supplies storage.
- Justification:
- Discussion about a home that was foreclosed, and the yard has become unsightly.
- Should the HOA pay to keep up the yard?
- Not yet. Recouping the expense is complicated.
- Working on the pathway light sensor issues – obtaining quotes so we can decide if/when the work should be done
- Progress has been made on the tax liability and nonprofit status of the HOA.
- Engaged an accounting firm: Advisors NW Tax Accounting & Payroll .
- Updated back returns have been submitted to the IRS.
- Cost of the accounting work is just under $700.
- The HOA tax exempt status/nonprofit status has been filed and is expected to be approved by the IRS.
- HOA Dues checks continue to be received.
- In October, the first letter will be sent to homes that have not yet paid the dues.
- With the HOA bank balance at $40,000, it may be advisable to purchase a 3 – 6 month certificate of deposit in the amount of $10,000 to $15,000.
Secretary/Environmental: Darrell Maxwell
- Fall yard waste bins schedule: Friday, November 8th to Monday, November 11th
- Homeowner has had a request in to address a cherry tree adjacent to his home that drops fruit onto the pathway creating a possible hazard. Kevin inspected the area hoping to find out if the tree was on HOA or homeowner property. Also, looking at the county website, it is not clear exactly where the lot lines are. Josh has put in a reservation for a metal detector from the library to locate the property assessment stakes. More to come.
- The yard at the house on Stacie appears to have been cleaned up.
- Continues to be in communication with Ash Creek about future projects.
- Kevin suggested that it is financially prudent to postpone Ash Creek work until spring of 2025.
General Discussion:
- Sally suggested that the HOA look into using the free meeting space at Roundtable Pizza on 82nd.
- John will look into it.
Adjournment: Meeting adjourned by President at 7:58 pm.
Next Regular Board Meeting: Tuesday, October 15th, 2024* – Annual Meeting to be held in person. Normal meetings to be conducted on the first Tuesday of the month, except in July and December when there will be no meeting.
Reminder: The October 1st meeting has been moved to October 15th * and the November 5th meeting to November 12th. (*post meeting edit)
ADDENDUM:
Kevin Quick
Wed, Aug 14, 9:41 PM
to John, Josh, me, Ellyn
Per Clackamas County Zoning (https://dochub.clackamas.us/documents/drupal/b3363b58-56ec-4de9-8de6-9d7a702c9f1c):
- COMMERCIAL USE: The use of land and/or structures for the conduct of retail service, office, artisan, restaurant, lodging, child care, adult daycare, entertainment, private recreational, professional, and similar uses. NURSING HOME: A nursing, convalescent, or rest home facility licensed by the State under ORS chapters 441 and 442, or an assisting living facility licensed under ORS 443, which provides, for a period exceeding 24 hours, the continuous services of licensed nursing personnel to care for chronically ill or infirm patients, exclusive of those patients related to the owner or facility administrator by blood or marriage. Such nursing, convalescent, or rest home must provide nursing services to those patients who, in the judgment of a physician, registered nurse, or facility administrator, require remedial, restorative, supportive, or preventive nursing measures.
- In the Residential Zoning documents: https://dochub.clackamas.us/documents/drupal/a7c6fa2c-d411-4418-91e0-3a73ef1e71ab
- Section 315 applies to land in the Urban Low Density Residential (R-2.5, R-5, R-7, R-8.5, R-10, R-15, R-20, and R-30), Village Standard Lot Residential (VR-5/7), Village Small Lot Residential (VR-4/5), Village Townhouse (VTH), Planned Medium Density Residential (PMD), Medium Density Residential (MR-1), Medium High Density Residential (MR-2), High Density Residential (HDR), Village Apartment (VA), Special High Density Residential (SHD), and Regional Center High Density Residential (RCHDR) Districts, hereinafter collectively referred to as the urban residential zoning districts.
- Use R-5–R-30 VR-4/5 & VR-5/7 R-2.5 VTH PMD MR-1 MR-2 HDR VA SHD RCHDR
Daycare Services, Adult C C C C C C C L5,C C L2,C3 L4
Nursing Homes C C C P P P P P P P P - Our zoning is generally R10 or R15 if I'm not mistaken.
- In the Commercial Zoning documents: https://dochub.clackamas.us/documents/drupal/439eecef-f529-4215-9650-44333a87124a:
- Section 510 applies to land in the Neighborhood Commercial (NC) Community Commercial (C-2), Regional Center Commercial (RCC), Retail Commercial (RTL), Corridor Commercial (CC), General Commercial (C-3), Planned Mixed Use (PMU), Station Community Mixed Use (SCMU), Office Apartment (OA), Office Commercial (OA), and Regional Center Office (RCO) Districts, hereinafter collectively referred to as the urban commercial and mixed-use zoning districts.
- CLACKAMAS COUNTY ZONING AND DEVELOPMENT ORDINANCE 510-6
Last Amended 9/5/23 Use NC C-2 RCC RTL CC C-3 PMU1 SCMU OA2,3 OC RCO
Daycare Services, Adult P P P P P P P P P L5,C L6,C
Nursing Homes X X X X X X P P L X X
- “P” means the use is a primary use.
- “A” means the use is an accessory use.
- “L” means the use is a limited use and shall be developed concurrently with, or after, a primary use.
- “C” means the use is a conditional use, approval of which is subject to Section 1203, Conditional Uses.
- “S” means the use may be authorized only pursuant to Section 106; however, identifying a use as “S” does not indicate that any determination has been made regarding whether the use will be authorized pursuant to Section 106.
- “X” means the use is prohibited.
- Numbers in superscript correspond to the notes that follow Table 510-1.
- Section 1203 (https://dochub.clackamas.us/documents/drupal/5a8a794e-e78d-4ca4-9f1d-590d81cfecc3)
- D. The proposed use will not alter the character of the surrounding area in a manner that substantially limits, impairs, or precludes the use of surrounding properties for the primary uses allowed in the zoning district(s) in which surrounding properties are located.
- E. The proposed use is consistent with the applicable goals and policies of the Comprehensive Plan.
Based on the above, it appears that these types of homes are intended for Medium to High Density Residential or Commercial (as Day Care), whereas we are Urban Low Density Residential.
-Kevin