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

Minutes

Commissioner Rebman moved to approve the minutes of the June 9, 2010 regular meeting.  Commissioner Sheffield seconded the motion; the minutes were approved unanimously.

Hearing/Request for Major Variance/Umatilla County Fairgrounds

Acting Chairman Erz announced that the Planning Commission is holding a hearing to consider a request for a one-time variance to allow use of RV spaces at the fairgrounds for a non-fairgrounds event.  That event is the 100th anniversary of the Pendleton Round Up during the period of September 9 through September 19, 2010. The property is described as 4n 28 10DC, Tax Lot 100 and is located at 435 W. Orchard Avenue.

Declaration of Potential Conflict of Interest

Acting Chairman Erz asked if any commissioner wished to declare a potential conflict of interest.  Hearing none, the hearing opened at 7:01 pm.

Hearing Guidelines

Acting Chairman Erz read the following guidelines:

The planning commission is holding a hearing to consider a request for a major variance.  The request must be approved by the planning commission subject to the criteria established in §157.225(A)(1) of the Hermiston Code of Ordinances.  The applicant wishes to obtain a one-time variance to allow the use of RV spaces at the fairgrounds for a non-fairgrounds event.  That event is the 100th anniversary of the Round-Up for the period of September 9th through the 19th, 2010.  The applicant is Umatilla County.  The property is described as 4N 28 10DC, Tax Lot 100 and is located at 435 W. Orchard Avenue.

1. The applicable substantive criteria relied upon by the City in rendering the decision to grant the variance are contained in §157.225(A)(1) of the Hermiston Code of Ordinances.
2. Testimony and evidence must be directed toward the criteria described above or other criteria in the comprehensive plan or land use regulations which the person believes apply to the decision.
3. Failure to raise an issue by the close of the record at or following the hearing, in person or by letter, precludes appeal to the Land Use Board of Appeals (LUBA) or the city council based on that issue.
4. Failure to raise an issue with sufficient specificity to afford the decision maker and the parties an opportunity to respond to that issue precludes appeal to LUBA or the city council based on that issue.
5. Failure to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow the local government or its designee to respond to the issue precludes an action for damages in circuit court.
6. Prior to the conclusion of the evidentiary hearing, any participant may request an opportunity to present additional evidence, arguments or testimony regarding the application.  The planning commission shall grant such a request by continuing the public hearing pursuant to ORS 197.763(6)(B) or leaving the record open for additional written evidence, arguments or testimony pursuant to ORS 197.763(6)(C).

For this hearing, the process begins with the staff report, followed by testimony from the applicants and any other supporters of the application.  This will be followed by opponents to the application.  Finally, a rebuttal by the applicant will be allowed.  The public hearing portion of the procedure will then be closed, and the planning commission will consider the information and testimony received and may render a decision.

Staff Report

City Planner Spencer stated that Umatilla County has submitted a request for a variance for an accessory use on the county fairgrounds site.  The county maintains several RV parking spaces on the fairgrounds which are used in conjunction with fairground events such as the county fair, rodeos, etc.  The property upon which the fairgrounds sits is zoned Duplex Residential (R-2).  As such, an RV park is not an outright approved use.  RV parks require R-4 or C-2 zoning to be an outright use.  The request before the planning commission is a request for a one-time exception from the accessory use designation which would allow the county to rent the RV spaces during the Pendleton Round-Up.  The proposal would allow the county to rent the subject spaces from September 9th to September 19th for 2010 only.

Umatilla County contends in their application that the 100th anniversary of the Pendleton Round-Up is an event of regional significance.  As a result, market research performed by the county has revealed a marked shortage of available accommodations in the Pendleton-Hermiston-Boardman corridor.  The county wishes to make its existing facilities available for competitors and patrons of the rodeo.

The fairgrounds is located at 435 W Orchard Avenue.  The property encompasses approximately 25 acres and is located south of W Orchard Avenue between Hermiston High School and West Park Elementary School.  The site contains rodeo grounds, RV parking and several fair buildings.  As a governmental use, the fairgrounds is considered a conditional use in the R-2 zone.  The fairgrounds operation on this site predates the R-2 zoning.

Per §157.225(A) of the Hermiston Code of Ordinances, the planning commission may grant variances where it can be shown that, owing to special and unusual circumstances, literal interpretation of the zoning code would cause an undue or unnecessary hardship.

Commissioner Rebman inquired as to the difference between a major and minor variance.  City Planner Spencer remarked that a minor variance is a deviation of up 10% from a development standard.

Commissioner Ferguson wondered whether the 69 existing spaces would actually be of any help.  City Planner Spencer stated that he felt it would help alleviate some of the space shortage in the area during this event.

Commissioner Fialka questioned how the number 69 was derived.  City Planner Spencer explained that 69 spaces currently exist.

Hearing no further questions, Acting Chairman Erz opened the floor for testimony.

Testimony

Proponents:    

Doug Olsen, 216 SE 4th Street, Pendleton, OR 97801; representing Umatilla County advised the Commission that the County has no problem with any of the conditions as stated and would be willing to live within those conditions.  He also explained that there are full hook-ups available as well as rental stall space.

Commissioner Sheffield asked who would be screening applicants for the RV spaces and would there be additional security.  Mr. Olsen explained that applications would be reviewed by the fairgrounds office and no more security than during normal fairground activities.

Commissioner Fialka questioned if the applications would be limited to the Round-Up participants.  Mr. Olsen stated that the RV spaces would be available to whoever applied.

Opponents:    

None present.

Hearing no further testimony, Acting Chairman Erz closed the hearing at 7:12 pm.

Acting Chairman Erz asked for a motion.  Commissioner Rebman moved and Commissioner Ferguson seconded the motion to accept the draft findings as written. Motion passed.

Draft Findings

Exceptional or extraordinary conditions apply to the property that do not apply generally to other properties in the same zone or vicinity, which conditions are a result of lot size, shape, topography or other circumstances over which the applicant has no control.

1. The property has historically been used with an accessory use for short term RV space rentals in conjunction with fairground activities.
2. The 100th anniversary of the Pendleton Round-Up will not occur on the county fairgrounds.
3. The 100th anniversary is an event of regional significance and requires guest accommodations throughout the region.
4. The existing RV rental spaces may be utilized to provide additional accommodations during the event and fairground facilities may also provide areas for livestock stalls for Round-Up participants.
5. The fairground’s large size, level topography and proximity to services constitute exceptional conditions that do not apply to other properties in vicinity and make the fairgrounds the only reasonable location for short term RV rentals in a regional event such as the 100th anniversary of the Pendleton Round-Up.

• The variance is necessary for the preservation of a property right of the applicant that is substantially the same as is possessed by owners of other property in the same zone or vicinity.

6. The historical use of the property has included RV rental spaces.
7. Approval of the variance will preserve the county’s right to an existing accessory use on the fairgrounds property.
8. Although the accessory use is typically only during events on the fairgrounds, prohibition of the accessory use on the property would cause an undue hardship on the applicant during an event of regional significance such as the 100th Pendleton Round-Up.
9. The variance is for a one-time event of regional and county-wide significance and does not establish a precedent for any future use or event.

• The authorization of the variance shall not be materially detrimental to the purposes of the zoning ordinance, be injurious to property in the zone or vicinity in which the property is located, or be otherwise detrimental to the objectives of any development pattern or policy.

10. The use of the property will not vary from the historical use of the property for RV rentals, but will allow a one-time use of the property for a non-fairgrounds use.
11. No new uses will be allowed on the property beyond those already occurring in conjunction with fairgrounds events.

• It is impossible to maintain the zoning ordinance requirements and at the same time build, erect or use the structure.

12. No new structures are proposed as part of the variance request, nor will any existing structure be impacted by the use.  The variance request is for a time expansion only.
13. Since the RV rental spaces are an accessory use to the fairgrounds, it is impossible to maintain the zoning requirement that the spaces be used for accessory uses only without the granting of a variance.

• The variance requested is the minimum variance from the provisions and standards of the zoning ordinance which will alleviate the hardship.

14. The requested variance is for a one-time event for 10 days and will not be a precedent for future expansion of the use of the RV rental spaces.

Draft Conditions

1. The variance shall be limited in time from September 9th to September 19th, 2010 and shall expire at the end of the requested time.  Any future use of the RV rental spaces for an event not occurring on the fairgrounds shall require a separate variance request.
2. The maximum number of spaces to be available during the time period shall be limited to the 69 existing spaces.

Staff Recommendation

Staff recommends that the variance be approved with the understanding that this is a one-time special circumstance and not a precedent for future uses of the RV park for public events.  Staff also recommends that the planning commission approve the draft conditions and any further conditions the planning commission deems necessary to mitigate any adverse impacts to the surrounding area.

Acting Chairman Erz asked for a motion.  Commissioner Ferguson moved and Commissioner Caplinger seconded the motion to approve the draft conditions as written and to grant the one-time major variance.  Motion passed.

Planner Comments and Unscheduled Communications

City Planner Spencer stated that a portion of the August meeting will be spent on the adoption of a new floodplain ordinance as stipulated by FEMA.

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