Regular Meeting
Chairman Saylor called the meeting to order at 7:00 p.m. Commissioners Rebman, Sheffield, Caplinger, and Ottmar were present. Commissioners Quick, Erz, and Ferguson were absent. Commissioner Fialka came late.
Minutes
Commissioner Rebman moved to approve the minutes of the July 14, 2010 regular meeting. Commissioner Caplinger seconded the motion; the minutes were approved unanimously.
Hearing/Request for Floodplain Ordinance Amendment/City of Hermiston
Chairman Saylor announced that the Planning Commission is holding a hearing to consider amending the city’s land use regulation by adopting a new floodplain ordinance, floodplain study, and floodplain maps in order to comply with FEMA requirements. The location of said property includes all areas of special flood hazards within the jurisdiction of the City of Hermiston.
Declaration of Potential Conflict of Interest
Chairman Saylor asked if any commissioner wished to declare a potential conflict of interest. Hearing none, the hearing opened at 7:01 pm.
Hearing Guidelines
Chairman Saylor asked the commissioners if anyone objected to waiving the reading of the hearing guidelines. Hearing no objections, the reading of the hearing guidelines was waived.
Staff Report
City Planner Spencer stated that in order for homeowners and other property owners to participate in the National Flood Insurance program, all communities are required to adopt the national flood plain maps prepared by FEMA. These maps were last updated in 1986. FEMA has completed a new study of the Umatilla basin and prepared new maps of the flood hazards along the Umatilla River and in the city. According to the revised 2010 flood hazard study, the floodplain for the Umatilla River has not moved from its existing location on the city and federal maps. Therefore, no rezoning will be required, nor will new property be added to building restrictions for flood plains.
Commissioner Sheffield asked Mr. Spencer if Hermiston would ever see any residential development in the Open Space (OS) zones. Mr. Spencer stated not in the Open Space zones, but possibly in the adjacent Future Residential zones. The Umatilla River sits in a very deep channel along Hermiston and no one can build in the low points. Sewer placement would be problematic.
Commissioner Sheffield also asked if there are any current residences in the floodplain zone. City Planner Spencer stated no although there are homes which sit on the high points whose yards slope down towards the river.
Hearing no further questions, Chairman Saylor did not open the floor for testimony as no one was present to testify.
Testimony
Proponents: None present.
Opponents: None present.
Hearing no testimony, Chairman Saylor closed the hearing at 7:08 pm. Chairman Saylor asked for a motion. Commissioner Rebman moved and Commissioner Sheffield seconded the motion to accept the findings of fact as written. Motion passed.
Draft Findings
Although findings are not specifically required for legislative amendments to ordinances, staff has prepared draft findings which support the proposed amendments based upon the requirements of the comprehensive land use plan.
Goal 1 and Policy 1. Citizen Involvement. The City will insure that citizens have an adequate opportunity to be involved in all phases of the planning process.
- Notice of the planning commission hearing was published in the Hermiston Herald at least 20 days prior to the hearing in accordance with §157.226 of the Hermiston Code of Ordinances.
- No testimony was received as a result of the publication of the notice.
- The planning commission held a public hearing on August 11, 2010 to receive testimony from concerned property owners.
Goal 2 and Policy 3. Intergovernmental Coordination. The City of Hermiston will facilitate intergovernmental coordination so that decisions affecting local, state, and federal planning and development actions in the Hermiston area are rendered in an efficient and consistent manner.
- The notice of proposed amendment was sent to the Department of Land Conservation and Development on June 25, 2010, more than 45 days prior to the first evidentiary hearing in accord with Oregon Administrative Rules, Chapter 660, Division 18. The notice to DLCD listed Umatilla County as an affected agency.
- A notice of public hearing was provided to all affected agencies by direct mail. No comments were received as a result of that mailing.
Goal 5 and Policy 7. Natural Resources. The City of Hermiston will protect natural resources to the maximum degree possible.
- The city has created an Open Space zone which conforms to and follows the boundary of the 100 year floodplain. Development activities are not permitted in the OS zone. However, agricultural and public recreation activities are permitted. No additional property will be added to or removed from the OS zone as a result of adopting the new flood plain maps.
- The existing OS zone provision through development limitations insures adequate protection of the riparian corridor along the Umatilla River. In the event that an agricultural or recreational structure is erected, the amended requirement to construct the floor at least one foot above base flood elevation will provide for public health and safety and minimize the likelihood that pollutants will enter the river channel in the event of a flood.
Goal 5 and Policy 14. Natural Hazards and Development Limitations. The City of Hermiston will control carefully and when necessary prohibit development in areas characterized by natural hazards and/or development limitations.
- The city’s Open Space zone limits or prohibits development activities in the 100 year flood plain. By limiting development activities to low impact uses such as agriculture and recreation, the likelihood of expensive structures being damaged or destroyed by flooding is minimized.
Staff Recommendation
Subject to the testimony received at the hearing and based upon the findings of fact as may be amended by the planning commission, staff recommends that the planning commission recommend to the city council that the ordinance amendments be adopted and incorporated into the Code of Ordinances and the new flood plain maps dated September 3, 2010 be adopted to replace the old flood plain maps dated September 29, 1986. Chairman Saylor asked for a motion. Commissioner Caplinger moved and Commissioner Ottmar seconded the motion to recommend to the City Council that the ordinance amendments be adopted and incorporated into the Code of Ordinances and the new flood plain maps dated September 3, 2010 be adopted to replace the old flood plain maps dated September 29, 1986. Motion passed.
Minor Land Partition/ Jerald & Deborah Brandt, 289 E. McKinney Road
Staff Report
City Planner Spencer stated that Jerry Brandt has submitted a minor partition application for property located 289 E McKinney Ave. Jerald and Deborah Brandt own the property and propose to divide it to create two new 1.15 acre home sites. The proposed partition encompasses approximately 9 acres. Parcel 1 encompasses approximately 6.77 acres, Parcels 2 and 3 each encompass approximately 1.15 acres. The property is zoned Single Family Residential (R-1). The property is located outside the city limits, but within the urban portion of the urban growth boundary. Under Section E3 of Hermiston Planning Area Joint Management Agreement, the City administers urban areas within the urban growth boundary. Therefore, the city has jurisdiction to review the proposed partition plat. All properties within 100 feet of the proposal were provided a direct mailing of the proposal. Staff did not receive any objections as a result of that mailing. 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 §157.025 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 parcel is adjacent to SE 4th Street and E McKinney Avenue. At this time, both of these roads are county roads. As a condition of approval, the applicant will be required to sign street improvement agreements binding each lot in the partition to participate in future improvements to the road frontage when development occurs in the area.
§154.62 Water Lines.
Municipal water is not available to service this partition. The proposed development does not require water service.
§154.63 Sanitary Sewer System.
Sanitary sewer service is not available to service this partition. The proposed development does not require sanitary sewer service.
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:
- The boundary lines of the area being subdivided, with accurate distances and bearings. Shown as required
- The lines of all proposed streets and alleys with their width and names. Shown as required
- The accurate outline of any portions of the property intended to be dedicated or granted for public use. Shown as required
- The line of departure of one street from another. Shown as required
- The lines of all adjoining property and the lines of adjoining streets and alleys with their widths and names. Shown as required
- All lot lines together with an identification system for all lots and blocks. Shown as required
- The location of all building lines and easements provided for public use, services or utilities. Shown as required
- 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
- All necessary curve data. Shown as required
- The location of all survey monuments and bench marks together with their descriptions. Shown as required
- 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
- The certificate of the surveyor attesting to the accuracy of the survey and the correct location of all monuments shown. Shown as required.
- 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
- 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.
- 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, however, the plat has a signature line for the mayor. Minor partitions do not require approval by the city council and this line shall be removed.
§157.025 Single-Family Residential Zone (R-1)
Parcel 1 encompasses approximately 6.77 acres, Parcels 2 and 3 each encompass approximately 1.15 acres, exceeding the minimum lot size of 9,000 square feet in the R-1 zone. Each parcel exceeds the minimum lot depth of 80 feet and the minimum lot width of 60 feet. Additionally, each parcel has adequate frontage on adjacent county roads.
Staff Recommendation
Staff has reviewed the proposed partition plat and determined it is prepared in accordance with the Hermiston Code of Ordinances. Staff recommends the planning commission accept the final plat subject to the following conditions:
- The applicant shall work with and receive certification from the Hermiston Irrigation District. The applicant should be aware that the City of Hermiston will not sign the final plat until the irrigation district has been satisfied and signs the final plat.
- The applicant shall sign a street improvement agreement for the E McKinney Avenue and SE 4th Street frontages of each lot.
- Applicant shall obtain all necessary access permits from the county road department for new accesses onto county roads.
- The surveyor must amend the plat to remove the signature block for the Hermiston City Council. Chairman Saylor asked for a motion. Commissioner Caplinger moved and Commissioner Sheffield seconded the motion to accept the final plat subject to the four conditions. Motion passed.
Planner Comments and Unscheduled Communications
City Planner Spencer stated that in September of 2008, the planning commission approved a minor partition request from Vivian Kalal for property located at 880 E Elm Avenue. As of the date of this memo, the applicant has not yet filed the plat. The applicant received a one year extension of the plat approval in 2009. Under §157.228(B) of the Hermiston Code of Ordinances, all land use approvals are valid for one year if no construction has taken place. However, the planning commission may grant two one-year extensions if the applicant is pursuing completion of the project. As noted in the attached letter from David Hadley, they are working to resolve tax issues on the property. There have been no changes in zoning or land use in the vicinity of this project since the partition was approved. Staff recommends that the planning commission grant a one-year extension for this partition. All conditions of approval from the original permit application are still in effect. The conditions from the original approval are as follows:
- 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.
- At such time that development is proposed on Lot 2, the applicant will be required to install urban level street improvements in coordination with ODOT and City of Hermiston public works along the frontage of Lot 2.
- At such time that redevelopment is proposed on Lot 1, the applicant will be required to install urban level street improvements in coordination with ODOT and City of Hermiston public works along the frontage of Lot 1.
Chairman Saylor verified that after two extensions, the applicant would have to start all over.
Chairman Saylor asked for a motion. Commissioner Rebman moved and Commissioner Ottmar seconded the motion to grant a one-year extension for this partition subject to the original three conditions.
City Planner Spencer announced that Fuddruckers is open. Several commissioners have already eaten at Fuddruckers.
Chairman Saylor advised the group that BMCC is in the final part of design. Ground-breaking is scheduled for October 4, 2010 and occupancy by September 2011. Funding is being provided by foundation money and private donations.
Commissioner Ottmar asked if anyone has heard anything about Les Schwab. Other than removing a house for their expansion, no other work has gotten underway. Commission Ottmar thought that they will have to scale-down their original plans.
City Planner Spencer mentioned that he has received plans for two new phases for Overlook.
There was no further business and the meeting was adjourned at 7:18 pm.