Chairman Saylor called the meeting to order at 7:00 p.m.  Commissioners Erz, Fialka, Caplinger, Sheffield, and Ferguson were present.  Commissioners Rebman, Quick, and Ottmar were absent.

Minutes

Commissioner Erz moved to approve the minutes of the March 10, 2010 regular meeting.  Commissioner Sheffield seconded the motion; the minutes were approved unanimously.

New Business: Minor Land Partition/Pioneer Hi-Bred/2302 SE 9th Street

Staff Report

City Planner Spencer stated that Denny Edwards has prepared a minor partition creating two new M-2 zoned parcels.  Parcel 1 encompasses approximately 6.59 acres and is a flag lot with a 30 foot flag providing access to SE 9th Street.  Parcel 2 is a 5.88 acre parcel with 400 feet of frontage on SE 9th Street.  The property is located in the southeast corner of the city and is described as the northwest portion of 4N 28 23 Tax Lot 200.  The property lies within the Hermiston city limits and has a zoning designation of C-2/M-2.  The C-2/M-2 zoning designation is a mixed Outlying Commercial/Heavy Industrial zoning designation.  This designation allows intense commercial or industrial use.  The property is presently owned by Ivan Cook.  Mr. Cook leases the property for agricultural purposes and the site is presently under cultivation.

The criteria that are applicable to the decision to accept the partition plat are contained in §154.15 through §154.46, §154.60 through §154.66 and §157.041 and §157.056 of the Hermiston Code of Ordinances. 

Chapter 154: Subdivisions

Design Standards

The proposed partition complies with all relevant design standards in the subdivision code.

Minimum Improvements Required

§154.60 Permanent Markers

Permanent markers shall be set as shown on the final plat in accordance with ORS 92.050 through 92.080.

154.61 General Improvements

The site is adjacent to SE 9th Street which is an existing improved street.  There will be no additional improvements required for SE 9th Street.

§154.62 Water Lines

There is an existing municipal water line serving the site in SE 9th Street.

§154.63 Sanitary Sewer System

The applicant will extend private sewer service to the termination point of sanitary sewer services in SE 9th Street.

Preliminary Plat

Staff has reviewed the preliminary plat and determined the submission of a preliminary plat is not required in accordance with §154.35(B) of the Hermiston Code of Ordinances.

Final Plat

Per §154.46 of the Hermiston Code of Ordinances, the final plat shall show:

1. The boundary lines of the area being subdivided, with accurate distances and bearings.  Shown as required
2. The lines of all proposed streets and alleys with their width and names.  Shown as required
3. The accurate outline of any portions of the property intended to be dedicated or granted for public use.  Shown as required
4. The line of departure of one street from another.  Shown as required
5. The lines of all adjoining property and the lines of adjoining streets and alleys with their widths and names.  Shown as required
6. All lot lines together with an identification system for all lots and blocks.  Shown as required
7. The location of all building lines and easements provided for public use, services or utilities.  Shown as required
8. All dimensions, both linear and angular, necessary for locating the boundaries of the subdivision, lots, streets, alleys, easements, and other areas for public or private use.  Linear dimensions are to be given to the nearest 1/10 of a foot.  Shown as required
9. All necessary curve data.  Shown as required
10. The location of all survey monuments and bench marks together with their descriptions.  Shown as required
11. The name of the subdivision, the scale of the plat, points of the compass, and the name of the owners or subdivider.  Shown as required
12. The certificate of the surveyor attesting to the accuracy of the survey and the correct location of all monuments shown.  Shown as required.
13. Private restrictions and trusteeships and their periods of existence.  Should these restrictions or trusteeships be of such length as to make their lettering on the plat impracticable and thus necessitate the preparation of a separate instrument, reference to such instrument shall be made on the plat.  No restrictions are proposed and none are referenced on the plat
14. Acknowledgment of the owner or owners to the plat and restrictions, including dedication to public use of all streets, alleys, parks or other open spaces shown thereon, and the granting of easements required.  Shown as required. 
15. Certificates of approval for endorsement by the city council and certificate indicating its submission to the planning commission, together with approval for endorsement by other local, county and/or state authority as required by Oregon statutes.  Shown as required

Chapter 157: Zoning

§157.041 Outlying Commercial Zone (C-2) and §157.056 Heavy Industrial Zone (M-2)

The proposed partition encompasses approximately 12 acres.  Parcel 1 encompasses approximately 6.59 acres and Parcel 2 encompasses approximately 5.88 acres.  There is no minimum lot size in the C-2 or M-2 zone.  Uses permitted in the C-2 zone are listed in §157.041 of the Hermiston Code of Ordinances and uses permitted in the M-2 zone are listed in §157.056 of the Hermiston Code of Ordinances.

John Eckhart of Knerr Construction, 1565 N. 1st Street, Hermiston, received a signature from both Ivan Cook and the Irrigation District.  The project consists of a warehouse facility for corn seed research.  Commissioner Erz asked if there would be any commerce.  Mr. Eckhart stated that there would not be any commerce, only scientific research.

Shayne Clason, research manager of Pioneer Hi-Bred 2302 SE 9th Street, Hermiston, stated he has recently moved to Hermiston and that the corn seeds grown here will be sent to various locations in North America for testing.  “The right product on the right acre” is Pioneer’s motto.  Commissioner Sheffield asked if once the ideal seed is discovered, would Pioneer then produce the seed here in Hermiston commercially for production.  Mr. Clason indicated that could eventually happen.

Staff Recommendation

Staff has reviewed the proposed partition plat and found that it is prepared in accordance with all requirements of the Code of Ordinances.  Staff recommends the planning commission approve the final partition plat subject to the following conditions:

1. The applicant shall work with and receive certification from the Hermiston Irrigation District prior to plat approval.  The city will not sign the final plat until irrigation district certification is received.
2. The access flag for Parcel 1 shall be paved at such time that development occurs on Parcel 1.

Chairman Saylor asked for a motion.  Commissioner Caplinger moved and Commissioner Erz seconded the motion to approve the final partition plat subject to the two conditions.  Motion passed.

Unfinished Business: Conditional Use/ BMCC, Finding of Facts

City Planner Spencer stated that on March 10, 2010 the planning commission granted a conditional use approval for BMCC to construct a new campus facility at 974 SE Columbia Drive.  Although the planning commission approved the request, the record was left open for 14 days to allow the submission of additional written evidence into the record.  The record was left open to allow the applicant time to prepare additional evidence to satisfy the Department of Transportation that the proposal would be in conformance with the South Hermiston Local Access and Circulation Plan. 

JRH Engineering reviewed the development and traffic impacts and determined that the proposal is in compliance with the SHLACP.  Specifically, the college will not negatively impact the bridge on SE 10th Street.  The college will direct approximately 10% of its ADT onto 10th Street which equates to approximately 42 additional trips per day.  Additionally, the traffic generated by the development, combined with existing traffic volumes at the intersection of Port Drive and Highway 395 does not meet the warrant requirements for a signal at full build-out of the proposal.  The Highway 395 intersection will continue to function at an acceptable Level of Service for all turning movements.

With the addition of the report from JRH Engineering into the record, staff proposes the following findings of fact to support the conditional use permit.

Draft Findings for Conditional Use Permit

The proposal is in compliance with the comprehensive plan and zoning ordinances:

1. The proposed college is located within an Outlying Commercial (C-2) zone as identified on the Hermiston Zoning Map.
2. Uses permitted within the C-2 zone are listed in §157.041(A) and §157.041(B) of the Hermiston Code of Ordinances.
3. A college is permitted subject to issuance of a conditional use permit per §157.041(B)(8) of the Hermiston Code of Ordinances.
4. The planning commission held a public hearing on March 10, 2010 to consider the request for a conditional use permit.
5. The overall size of the building is 32,000 square feet and sits upon approximately 6.75 acres or approximately 10% of the lot.  There is no maximum lot coverage in the C-2 zone.
6. The proposed site is not within any identified natural resource protection area as identified in the Hermiston Comprehensive Plan.
7. The site is not within a natural hazard or groundwater restriction area as identified in Figure 12 of the Hermiston Comprehensive Plan.
8. Construction of a new university campus in western Umatilla County will provide a central campus convenient for all students in the BMCC service area.  This helps to promote energy conservation through reduced commuting as required by Policy 15 of the comprehensive plan.
9. The new facilities will provide classroom space for career technical training as desired by employers in western Umatilla county.  The new training facilities will also provide an incentive for recruiting new employers to the region.  This facilitates industrial and commercial development as required by Policies 18 and 19 of the comprehensive plan.

The property is adequate in size and shape to accommodate the proposed use, together with all other zoning requirements and any additional conditions imposed by the planning commission:

10. The property encompasses approximately 6.75 acres.  The overall building coverage is approximately 10% of the lot.  There is adequate space on the lot to accommodate a 32,000 square foot building and 116 parking spaces as proposed. 
11. The building will be sited to allow additional buildings to be constructed on the property as needed.
12. The proposed structure sits at least 20 feet from the property line adjoining SE Columbia Drive as required by §157.041(D)(1).
13. Property to the north is zoned Multi-Structure Residential (R-4).  Per §157.041(D)(3), in a C-2 zone, rear yards must be a minimum of 25 where abutting a residential zone.  The new building will be located more than 25 feet from the north property line.
14. There is adequate space in the landscaped areas surrounding the parking areas and buildings to accommodate all required on-site stormwater disposal.

Public facilities are of adequate size and quality to serve the proposed use.

15. The property is served by an existing 10 inch water line in SE Columbia Drive. 
16. According to the city’s water department, this line has adequate capacity to provide domestic service and fire flow to the new college building.
17. No additional extension of water lines will be required.
18. The property is served by an existing sanitary sewer line in SE Columbia Drive.  This line extends along approximately 2/3 of the property’s frontage.  Due to the depth of the existing line and existing street grades, the wastewater department has determined that extension of the sewer line along the full frontage of the property is not possible or required.
19. The existing sewer line has adequate capacity to handle wastewater flows from the proposed use.
20. The property receives street access from SE 10th Street and SE Columbia Drive.  The property is in close proximity to US 395 which is classified as a highway of statewide significance.  These streets are fully improved to city standards adjacent to the site.  However, sidewalk installation will be required at the time of construction.
21. SE Columbia Drive is designated as a minor collector in the Hermiston transportation system plan.  The road is improved to the city’s minor collector standard with 44 feet of paving.
22. The proposed building will generate a maximum of 420 trips per day based upon the ITE standard of 1.2 trips per student for community colleges.  This trip count is based upon an expected enrollment of 350 supplied by BMCC staff.
23. Minor collector streets are designed to handle between 1,200 and 5,000 trips per day.  Based upon the evidence submitted by JRH Engineering, the addition of 420 trips to SE Columbia Drive will not impact the overall ability of the adjacent streets or intersection with Highway 395 to operate efficiently.

The proposed use will prove reasonably compatible with surrounding properties.

24. Properties to the south and west are developed with institutional and governmental uses.
25. The proposed use is an expansion of the existing educational structure to the south and will be designed to be compatible with the existing school.
26. Property to the west and southwest is developed with governmental offices.  The proposed building will be self contained with interior classrooms and will not generate excessive noise or visual interference for adjacent public service uses.
27. Property to the east is vacant and designated for future industrial or commercial use.  There will be no impact on this property in terms of noise, dust, or odor.
28. Property to the north is designated for future medium density residential use.  The building will be located on the property to place the structure as far from residential property to the north as possible while meeting setback requirements.  This spacing will provide adequate noise and visual buffers when the northern property is developed.
29. The irrigation canal which borders the property along the north edge will also provide additional landscape buffering for future residential uses.
30. Village Port Subdivision is developed with several public entities and the overall development plan provides public services

Draft Approval Conditions

1. The applicant shall work with and receive certification from the Hermiston Irrigation District prior to issuance of a building permit.
2. BMCC will be responsible for installation of sidewalks and new curb bulbs along the SE Columbia Drive frontage of the site.
3. The applicant shall comply with §92.12 of the Hermiston Code of Ordinances which relates to the control of blowing dust, during all phases of construction.
4. All stormwater shall be retained on-site in drainage areas as shown on the site plan.
5. Bicycle parking shall be installed in accordance with §157.150(L) of the Hermiston Code of Ordinances.
6. Parking shall be installed as shown on the site plan and all areas for the standing and maneuvering of vehicles shall be paved prior to occupancy.
7. All signage shall comply with Chapter 155 of the Hermiston Code of Ordinances.
8. Fencing shall be installed as described in the application and as required by the Hermiston Irrigation District.  Fencing shall comply with vision clearance requirements established in §157.142 of the Hermiston Code of Ordinances.
9. The applicant shall work with the Fire Marshall prior to issuance of a building permit.  No building permit shall be issued until the Fire Marshall has approved the site plan.
10. The applicant shall work with the Police Chief to develop a security plan for the development.
11. Landscaping shall be installed in all areas as shown on the site plan.  Final determination of specific plantings shall be submitted to the city prior to occupancy.
12. Commissioner Caplinger asked if anything other than draft findings  22 and 23 was different from the previous meeting.  City Planner Spencer indicated all other findings were the same.
13. Commissioner Fialka asked if the traffic analysis indicated at what point would a signal be warranted.  City Planner Spencer stated that the analysis does not provide that information.
14. Commissioner Caplinger wanted to know the procedure for deciding who bears the cost for adding a signal.  City Planner Spencer indicated that ODOT would bear the lion’s share; however, in the future, another traffic study may have to be performed to determine the proportional impact.  The National Guard and others may not have to participate in the cost.

Staff Recommendation

At the March 10, 2010 meeting, the planning commission approved the conditional use permit.  However, the findings of fact and approval conditions must still be adopted to support the decision.  Staff recommends that the planning commission adopt the findings of fact as written and the conditions of approval as written.

Chairman Saylor asked for a motion.  Commissioner Caplinger moved and Commissioner Fialka seconded the motion to adopt the findings of fact and approval conditions as written.  Motion passed.

Planner Comments and Unscheduled Communications

City Planner Spencer announced that there would not be a planning commission meeting in April and in May; we have a rezone for Les Schwab and possibly Cimmaron Terrace PUD.

There was no further business and the meeting was adjourned at 7:15 pm.