Notice of Public Hearing August 28, 2023 Appeal of a City of Hermiston Planning Department decision pertaining to a Site Plan Approval at 4N2814BB tax lots 102 & 300 SA Smith LLC- 945 S Hwy 395

Appeal of a City of Hermiston Planning Department Decision Pertaining to a Site Plan Review approval for the change of occupancy of property located at 945 S Hwy 395 under Chapter 157 of the Hermiston Code of Ordinances.

NOTICE IS HEREBY GIVEN that the Hermiston City Council will hold an on the record hearing on the 28th day of August 2023, at or after 7:00 pm, at City Hall, 180 NE 2nd St, Hermiston, Oregon.  The purpose of this hearing is to consider the appeal of the conditions of approval for a planning department decision.  Planning staff reviewed and conditionally approved the site plan for a drive thru soda shop with specific conditions.

This hearing is an on the record hearing.  Testimony is limited to presentation of argument against the interpretation or application of the city code in reaching the decision.  The city council shall consider the record of the planning department file.  New evidence is not permitted.  The hearing will begin with a staff report, followed by testimony from the appellant and supporters of the appeal.  Testimony will next be from supporters of the planning department decision.  The appellant will then have the opportunity to present rebuttal.  Following rebuttal, the city council will close the hearing and enter into deliberations on the appeal.  The city council may affirm, reverse, modify, or remand the planning department’s decision.

The property where the drive-thru soda shop is proposed is located at 945 S Hwy 395 and is described as 4N 28 14BB Tax Lots 102 & 300. 

The appellant is appealing general notes point 1 and conditions #5 and #8 of the site plan approval. In approving the site plan, planning staff applied the criteria in §157.160 through §157.179 of the Hermiston Code of Ordinances.  In considering an appeal, the city council will consider the requirements in §157.160 through §157.179 and the appeal criteria in §157.166 of the Hermiston Code of Ordinances.

A copy of the appeal, application, all documents and evidence submitted by or on behalf of the applicant, and applicable criteria are available for inspection at no cost and will be provided at reasonable cost.  A copy of the staff report will be available for public inspection at least seven days prior to the hearing and will be provided at reasonable cost.

All interested persons are invited to attend.  Questions, comments, or correspondence on issues will be received until 5:00 pm on August 28, 2023, and should be addressed to Planning Director Clinton Spencer, City of Hermiston Planning Department, 180 N.E. 2nd Street, Hermiston, OR 97838.  The phone number is (541) 667-5025.

Lilly Alarcon-Strong, CMC, City Recorder  

PUBLISH: August 9, 2023