Mayor Severson called the regular meeting to order at 7:00 pm and declared a quorum present.  Present were Councilors Hardin, Misner, Davis, Harn, Springer, Myers, Calame and Harkenrider.  Staff members in attendance were City Manager Brookshier, City Attorney Luisi, Bob Irby, Ray Jones, Clint Spencer, Dan Coulombe, Judge Creasing, Ron Sivey, Ivan Anderholm and Linda Cain.  News media present was Jennifer Colton of the Hermiston Herald.

Minutes

Councilor Hardin moved and Councilor Myers seconded that minutes of the May 10 regular meeting be approved for filing.  Motion carried unanimously.

2010-11 Budget Hearing

At 7:02 pm Mayor Severson opened the hearing to discuss the 2010-11 budget.  City Manager Brookshier reported the consolidated funds budget as submitted and recommended by the budget committee is for $53,958,520, which is significantly higher than the current year’s budget.  This is singularly due to inclusion of the entire estimated cost of the City’s Recycled Water Plant project in the 2010-11 budget.  If this $27,000,000 one-time allocation is discounted, the combined funds total for 2010-11 would be about 11% below the current year’s total.  There were no comments from the council, and no one in the audience wished to comment.  The hearing was closed at 7:05 pm.

Hearing/Amend Comprehensive Plan Map and Annexation/Be Good LLC

Mayor Severson asked if any councilor wished to declare a potential conflict of interest.  There were none, and the hearing was opened at 7:10pm to consider amending the comprehensive plan map for 48 acres located on the east side of N.E. 10th Street, south of E. Elm Avenue and north of Diagonal Blvd.  The property lies within the urbanizable portion of the urban growth boundary and currently has a future commercial comprehensive plan map designation.  The applicant proposes to amend the comprehensive plan from the current future commercial overlay to a split designation of Commercial along the E. Elm Avenue frontage and Medium Density Residential for the remainder of the property.  The property is described as 4N 28 12B Tax Lots 200 and 300.

Following amendment of the comprehensive plan, the applicant has requested that the property be annexed to the city with an Outlying Commercial (C-2) zoning designation for the E. Elm Avenue frontage and a Multi-Family Residential (R-3) zoning designation for the remainder of the property.  The city will hold simultaneous hearings on the proposed amendments and annexation.

City Planner Spencer read the hearing guidelines as follows:
The city council is holding a hearing to consider a request to amend the City’s comprehensive plan map from Future Commercial to Commercial and Medium Density Residential with a corresponding change in zoning designation from FU-10 to Outlying Commercial (C-2) and Multi-Family Residential (R-3) as well as consider the annexation to the City of Hermiston. The city council will consider the request and make a decision based on the criteria established in §157.226 and §150.05 of the Hermiston Code of Ordinances.  The property is located at the northeast corner of Diagonal Road and N.E. 10th Street and south of E. Elm Avenue.   The applicant is the John Gambee on behalf of Be Good, LLC.

1. The applicable substantive criteria relied upon by the City in rendering the decision to amend the comprehensive plan map and annex the property are contained in §157.226 and §150.05 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 city council will consider the information and testimony received, adopt findings of fact, and make a decision on amending the comprehensive plan map and on annexation.

City Planner Spencer reported the city published a notice of public hearing in the Hermiston Herald 20 days prior to the planning commission and 20 days prior to the city council hearing.  Additionally, notice was provided to all property owners within 300 feet of the property.  As a result of the notice, ODOT and Umatilla County raised issues regarding the traffic impacts of the overall zone change.  ODOT and Umatilla County requested that additional evidence should be submitted by the applicant fully addressing the traffic impacts that full build-out will have on the local transportation infrastructure.  ODOT specifically singles out E. Elm Avenue’s future capacity and the future capacity of the intersections of N.E. 10th Street and Diagonal Road and N.E. 10th Street and E. Elm Avenue.  At the October 14 hearing on the matter, the planning commission considered ODOT’s request for a traffic study and determined that the applicant had provided adequate findings on the transportation matter and a traffic study was not required.  The city council reconsidered ODOT’s request and directed the applicant to prepare a traffic analysis before the council would consider the request.

The applicant hired Access Engineering to review the traffic impacts of the proposed map amendments and subsequent development.  The traffic report indicates that several mitigation measures may be necessary.  These measures include:

1. Installation of a 4 way stop at the intersection of Diagonal Blvd and N.E. 10th Street
2. Construction of a right turn deceleration lane on E. Elm Avenue
3. Dedicated right and left turn lanes to exit the development onto E. Elm Avenue

None of the recommended mitigation measures present any difficulty for the applicant to install, nor for the city to install in the case of stop signs.

The Department of Land Conservation and Development submitted comments addressing several issues with the application.  A copy of DLCD’s letter is attached to the application.  The applicant’s representative prepared additional testimony in response to DLCD and this testimony is attached to this report.

Proponents
Stephen Baze, who lives at 115 NE 12th, questioned what use the zoning being proposed would allow for commercial purposes.

Opponents
Shanda Williams, a local realtor, speaking for her client who lives on 10th Street questioned how the annexation would affect her client who bought the property with the intention of raising cows. City Planner Spencer explained it would not affect him since we have had a long standing policy that does not force a property owner to be annexed into the City limits.

Hearing no remonstrances or further comments from the audience, the hearing was closed at 7:16pm.

Findings of Fact on Comprehensive Plan Map Amendments
City Planner Spencer recommends approval of the proposed comprehensive plan map amendments subject to the following conditions:

Explain how the requested change is in conformance with the comprehensive plan and also the goals and policies of the plan.

Policy 1 (Citizen Involvement) states:

THE CITY OF HERMISTON SHALL ENSURE THAT CITIZENS HAVE AN ADEQUATE OPPORTUNITY TO BE INVOLVED IN ALL PHASES OF THE PLANNING PROCESS.

1. The planning process for this application is consistent with both the broad theme of public involvement and the specific implementing actions of the Comprehensive Plan.  The Hermiston Development Code §156.08 sets forth the procedure by which requests for amendments of this type are heard. 
2. §156.08 provides that comprehensive plan amendments are subject to public hearings before the Planning Commission and City Council and sets forth requirements for public notice.  This ordinance establishing the procedure under which these types of land use decisions are reached ensures citizen involvement consistent with the Comprehensive Plan and Statewide Planning Goal 1. 

Policy 2 (Planning Process) states:

THE CITY OF HERMISTON WILL MONITOR AND UPDATE PERIODICALLY ITS COMPREHENSIVE PLAN AND IMPLMENTING ORDINANCES TO RESPOND TO CHANGING CONDITIONS.

3. In this application, the applicant is seeking to amend the Comprehensive Plan map and zoning map for the City of Hermiston.  As noted previously, the applicant is required to establish that the request is in conformance with the Comprehensive Plan goals and policies and that the request is in the public interest.  The applicant must also establish how the public need is best served by making the requested change on the anticipated property rather than other properties and the applicant is also required to evaluate changes as a result of the proposal. 
4. In all matters, the burden is on the applicant to establish that the land use decision has an adequate basis in fact and is in compliance with the Comprehensive Plan.  The applicant is following the procedures set forth for map amendments in compliance with the implementing action and establishes through this narrative statement that the map amendment is in compliance with the Comprehensive Plan.  There is an adequate factual basis for the Planning Commission and City Council to approve the applicant’s request.  The proposal is consistent with subsection (C) of the Hermiston Comprehensive plan.

Policy 3 (Intergovernmental Coordination) states:

THE CITY OF HERMISTON WILL FACILITIATE INTERGOVERNMENTAL COORDINATION SO THAT DECISIONS AFFECTING LOCAL, STATE, AND FEDERAL PLANNING AND DEVELOPMENT ACTIONS ARE RENDERED IN AN EFFICIENT AND CONSISTENT MANNER.

5. The subject property is inside the Urban Growth Boundary for the City of Hermiston and is outside of the City limits.  The subject property is zoned FU-10 and is planned for Commercial development on the Comprehensive Plan map.  As part of this application process the City of Hermiston has notified all affected governmental units with an interest in local planning decisions in compliance with the Hermiston Comprehensive Plan. 

Policy 4 (Orderly Urband Growth) states:

THE CITY OF HERMISTON WILL PROMOTE COMPACT URBAN DEVELOPMENT WITHIN AND ADJACENT TO EXISTING URBAN AREAS TO INSURE EFFICIENT UTILIZATION OF LAND RESOURCES AND FACILITATE ECONOMIC PROVISION OF URBAN FACILITIES AND SERVICES.

6. The applicant’s proposal is consistent with the broad goal of promoting compact urban form and efficient utilization of land.   The subject property is adjacent to the City limits, a condition of annexation.  The applicant notes that following annexation, the proposal will increase and intensify land use within the Urban Growth Boundary.  This proposal will encourage development in an area where urban facilities and services can be readily extended, capitalizing on public expenditures made for this purpose.  All required utilities are adjacent to the subject property including sanitary sewer, water and electric service addressed in greater detail in the application for annexation.
7. The proposal will also result in a development pattern that will facilitate convenient, efficient and economic use of land within the Hermiston urban growth boundary.  By carefully mixing commercial and residential uses in proximity to industrial and residential uses, the result will be a mixed use development pattern that efficiently utilizes urban facilities including transportation and utilities.
8. The development pattern will also make efficient use of land and energy.  The land use pattern proposed by the applicant encourages development that will reduce reliance on the automobiles, reduce trip lengths and support alternative modes due to the proximity of a careful mix of residential and commercial uses to one another.   
9. The mixed use development pattern contemplated in this proposal will redistribute and eliminate vehicle trips by providing a location for residents of the newly developed and existing residential areas to obtain commercial services.  Residents of the City of Hermiston will be able to combine vehicle trips; they will be able to purchase goods and services returning to their homes or leaving their homes eliminating the need for additional motor vehicle trips.  Residents of Umatilla County that already utilize Oregon Highway 207 will be able to obtain additional goods and services while entering or exiting Hermiston without traveling additional vehicle miles.  The proximity of the commercial use to the residential and industrial areas will also eliminate vehicle trips by encouraging residents and employees to walk or bicycle to their destinations.  The mixed use and compact development pattern will make possible the state and local goals of reducing reliance on the automobile, reduction of trip lengths and support for alternative modes of transportation. 
10. Separation of uses results in inconvenience, congestion, air pollution, sprawl, and increased transportation costs.  Integrated mixed use development of the type proposed here has the potential to reduce motor vehicle trips and to limit congestion, air pollution and urban sprawl.  The area identified on that exhibit would upon approval have a mix of uses including: Commercial 5%; Single Family Residential (R-1, R-2) 30%, Industrial 19%; Multi-Family Residential Development 5%; MH. 5%; and, Open Space, 15% .The area would integrate industrial, residential and commercial uses is development of the type that limits sprawl, congestion and air pollution. 
11. The benefits of mixed use, compact, infill development are decreased pollution, congestion sprawl and increased energy efficiency.  The commercial services in the resulting mixed use area would serve residents of the nearby residential housing and employees of future industrial developments in the area.   The proximity of these complementary uses will accrue the documented benefits of mixed use development to the City and its residents.

Policy 5 (Annexation) states:

THE CITY OF HERMISTON WILL UNDERTAKE AN ANEXATION PROGRAM TO FACILITATE COMPACT URBAN GROWTH AND THE ORDERLY AND EFFICIENT PROVISION OF FACILITIES AND SERVICES.

12. The applicant is requesting annexation prior to the extension of urban services in compliance with the City of Hermiston’s goal to promote a compact urban form.  The applicant’s request shall ensure that he shall bear an appropriate share of the cost for the benefit he derives from the provision of urban services and facilities in compliance with Policy 5.
13. The applicant’s narrative statement addresses consistency with all applicable Comprehensive Plan policies and the applicant has found substantial support for this request in the Comprehensive Plan.  The applicant identifies no portion of the Comprehensive Plan that conflicts with this request.  Approval of the applicant’s request for a Comprehensive Plan diagram amendment concurrently with the annexation request assures that there is no conflict with the Comprehensive Plan map designation. 
14. All City services may be readily extended to the subject property.  Water is available by way of a 12” water main located at 10th and Diagonal.  Wastewater service is also available via a sewer line running on the West side of 10th and there is a pump station at 10th and Diagonal.  Electric service is also readily available. 
15. The property owner is willing to bear the costs associated with the extension of all required sewer, water and roads in compliance with the Comprehensive Plan.
16. The proposal is consistent with all requirements governing annexations and utility extensions.
17. The applicant has requested a residential zoning designation (R-3) for an identified portion of the subject property and has requested that the remainder of the subject property remain planned and zoned for commercial development.  As such, the applicant has requested an amendment of the Comprehensive Plan Map for the portion of the subject property contemplated for residential development.  The applicant has proposed the remainder of the property be available for commercial development consistent with the current Comprehensive Plan Map designation.  The Comprehensive Plan/ Zoning Map amendment is being undertaken concurrently with the annexation process to ensure that the subject property’s zoning is consistent with the Comprehensive Plan map and zoning map at the time of annexation.

Policy 6 (Conversion) states:

THE CITY OF HERMISTON WILL ADOPT POLICIES AND PROCEDURES GOVERNING THE CONVERSION OF PROPERTY IN THE UNINCORPORTED PORTION OF THE UGB FROM URBANIZABLE TO URBAN.

18. The applicant has proposed annexing the subject property in order that it may be developed in part with commercial uses.  Commercial uses shall result in economic benefits to the City of Hermiston as it further develops its position as a center of regional commerce.  Additional, the proposal shall promote commerce and economic development in Hermiston because growth in the residential sector will promote economic growth in the commercial sector.   The proposal shall also strengthen Hermiston’s economy in the short term; as development occurs, construction jobs shall be created and supported.  Additionally, in the longer term, the commercial development shall create new jobs. 
     
19. The applicant contemplates that a portion of the subject property will eventually developed with residential uses. In compliance with this implementing action the applicant has requested annexation prior to development at the underlying level of urban density.

Policy 7 (Natural Resources) states:

THE CITY OF HERMISTON WILL PROTECT NATURAL RESOURCES TO THE MAXIMUM DEGREE POSSIBLE.

20. Neither the identified critical habitats, the 100 year floodplain or the OSU Experimental Station are affected by this application. To the extent that this is relevant, the proposal furthers the protection of natural resources.  The proposal is for infill development and intensifies the use of vacant land within the urban growth boundary but outside the city limits of Hermiston.  This type of development relieves development pressure on outlying areas that may contain significant natural resources.

Policy 8 (Surface and Groundwater Resources) states:

THE CITY OF HERMISTON WILL COODINATE ACTIVITIES WITH OTHER GOVERNMENT AGENCIES TO PROTECT THE AREA’S SURFACE GROUNDWATER SUPPLIES.

21. The applicant’s proposal will be protective of groundwater resources. Any future development shall be connected to the public sanitary sewer system.  Any development will further protect water quality by minimizing stormwater impacts to water quality.  Any physical development will required to be served by a stormwater management system that will prevent contamination of surface and groundwater supplies by filtering stormwater using bioswales.   Additionally, the applicant intends to protect surface water quality on site by culverting the drainage ditch that contains water used for irrigation by the local irrigation district as part of the on-site development process.  

Policy 9 (Mineral and Aggregate Resources) states:

THE CITY OF HERMISTON WILL PROTECT MINERAL AND AGGREEGATE RESOURCE SITES FRM CONFLITING DEVELOPMENT AND PROTECT SURROUNDING PROPERTY OWNERS FROM TH ADVERSE IMPACTS ASSOCIATED WITH EXTRACTION ACTIVIES.

22. The subject property is not located adjacent to or nearby and of the existing mineral or aggregate resource sites.  The subject property is also not adjacent to any heavy industrial sites.  Should any mineral or aggregate resource extraction activities take place near the subject property in the future the City of Hermiston has provided that quarries and gravel pits are conditional uses in the Heavy Industrial zone that are approved only subject to standard designed to protect nearby and adjacent landowners from the adverse consequences of such uses.  The proposal complies with this portion of the comprehensive plan.

Policy 10 (Historic Resources) states:

THE CITY OF HERMISTON WILL COOPERATE WITH PRIVATE INTERESTS TO IDENTIFY AND PROTECT HISTORIC RESOURCES AND PRESERVE THE COMMUNITY’S HISTORIC CHARACTER.
 

23. There are no historic or cultural resources present on the subject property and therefore, the property may be developed in compliance with the comprehensive plan.

Policy 11 (Air Quality) states:

THE CITY OF HERMISTON WILL COMPLY WITH STATE AND FEDERAL STANDARDS TO PROMOTE CONTINUED AIR QUALITY.
 

24. The Plan Diagram Amendment and concurrent Zoning Map Amendment are protective of air quality in Hermiston and beyond and encourages residents to utilize alternative modes of Transportation.  Following the applicant’s proposal, the area in which the subject property is located shall be developed with a mix of uses.  Areas of mixed of uses tend to encourage walking and bicycling trips because area residents are conveniently in close proximity to commercial and professional services.  The proposal will encourage infill and compact development facilitating the location of commercial services near existing medium density residential development and future industrial uses that can reduce automobile trips.  Additionally, the applicant’s proposal maintains commercial frontage on OR Highway 207 which is one of the main thoroughfares into and out of the Hermiston area.  By retaining commercial development in that location the subject property will capture vehicle trips that will be utilizing Highway 207 and persons traveling to the Hermiston area will Development of the type proposed here will maintain the air resources of the state by reducing trip frequency and duration and by promoting infill development

Policy 12 (Noise) states:

THE CITY OF HERMISTON WILL COMPLY WITH STATE NOISE STANDARDS TO MINIMIZE NOISE IMPACTS ON RESIDENTIAL AND OTHER SENSITIVE USES.

25. The applicant’s proposal complies with all Hermiston goals and policies regarding both the generation of noise and the minimization of noise impacts on residential uses.  While no specific developments have been proposed at this time, the applicant has proposed commercial uses on the northern portion of the property adjacent to OR 207 and a residential area identified by a metes and bounds description on the southern portion of portion of the subject property.  The commercial area shall serve as a noise attenuating buffer to the more sensitive residential uses the applicant has proposed on the southerly portion of the subject property.  Any specific development will comply with all Hermiston and State of Oregon standards as well as any specific portions of the zoning code requiring setbacks and screening requirements.

Policy 13 (Water Quality) states:

THE CITY OF HERMISTON WILL PROTECT WATER QUALITY IN COOPERATION WITH OTHER GOVERNMENTAL AGENCIES.

26. The public system has adequate capacity to handle any contemplated improvements and the applicant proposes culverting the irrigation water on the western portion of the property to avoid adversely impacting the quality of the irrigation water.  The subject property is not in an area identified as a development hazard.

Policy 14 (Natural Hazards and Development Limitations) states:

THE CITY OF HERMISTON WILL CONTROL CAREFULLY AND, WHEN NECESSARY, PROHIBIT DEVELOPMENT IN AREAS CHARACTERIZED BY NATURAL HAZARDS AND/ OR DEVELOPMENT LIMITATIONS.

27. This policy is intended to minimize the risk of hazards to human health and the risk of loss of human life.  The goal also intends to minimize costs associated with redeveloping after a natural disaster by restricting development in areas that are prone to natural disasters and hazards.  The subject parcel is not at any risk from natural disaster that does not apply area wide and is in convenient proximity to the evacuation route for the Umatilla Chemical Weapons Depot. 

Policy 15 (Energy Conservation) states:

THE CITY OF HERMISTON WILL ENCOURAGE THE CONSERVATION OF ENERGY RESOURCES WHEREVER POSSIBLE THROUGH CAREFUL LAND USE PLANNING, COMMUNITY EDUCATION, AND ADOPTION OF CONSERVATION-ORIENTED POLICIES.

28. While not specifically proposing small neighborhood stores, development of the subject property with a mixture of commercial and residential uses as contemplated by the applicant has the potential to reduce automobile trips both in duration and frequency by providing commercial services within walking distance of residences and near future industrial development.  By reducing the frequency, number and duration of automobile trips the proposal will conserve energy. 

Policy 16 (Parks and Open Space) states:

THE CITY OF HERMISTON WILL ACQUIRE AND DEVELOP ADDITIONAL PARKS AND RECREATIONAL FACILITIES THROUGHOUT THE COMMUNITY AND PRESERVE AS OPEN SPACE CITY-OWNED LAND WHICH POSSESSES RECREATIONAL SECENIC AND OTHER ENVIRONMENTAL QUALITIES OR IS SUBJECT TO NATURAL HAZARDS. 

29. This area is not identified in the parks master plan or comprehensive plan as an area planned for future park or open space acquisitions.

Policy 17 (Agriculturally Related Development) states:

THE CITY OF HERMISTON WILL UNDERTAKE ACTIVITIES WHICH REINFORCE ITS POSITION AS THE RURAL SERVICE CENTER FOR WESTERN UMATILLA AND EASTERN MORROW COUNTIES.

30. The applicant’s proposal will retain sufficient commercial land on the subject property to reinforce Hermiston’s position as a center for regional trade and commerce in compliance with this policy.  There are over eighteen acres retained for commercial development on-site in the most logical location for such services.  This amount of commercial land in combination with the remainder of the existing inventory shall be sufficient to provide the full range of goods and services needed by area farmers.

Policy 19 (Commercial Development) states:

THE CITY OF HERMISTON WILL ASSURE THE AVAILABILITY OF A SUFFICIENT SUPPLY OF COMMERCIAL LAND TO ACCOMMODATE 20 YEAR PROJECTED NEED AND STRIVE TO ACHIEVE THE BALANCED DISTRIBUTION OF COMMERCIAL ACTIVITIES IN NEIGHBORHOODS, DOWNTOWN AND OUTLYING HIGHWAYS.

31. The applicant’s proposal will maintain adequate space for growth in the retail and service industries.  Through annexation, the proposal will increase the amount of development ready commercial land within Hermiston’s UGB by eighteen acres. This will help ensure an adequate amount of outlying commercial land to meet 20 year demand.  Current data indicates approximately 304 acres of undeveloped commercial land.  The proposed amendment will remove approximately 30 acres from the inventory.  Hermiston’s current absorption rate of approximately 6 acres per year will provide commercial land for well over the 20 year planning horizon.
32. The Comprehensive Plan indicates that Hermiston intends to accommodate both automobile oriented and neighborhood oriented commercial services.  The applicant’s vision simultaneously achieves both goals.  By retaining substantial acreage for commercial development on OR 207 the proposal shall serve automobile oriented trade.  At the same time, the applicant’s vision of a mixed use type development (residential and commercial) on the subject property shall serve the purpose of improving “access by the elderly and handicapped persons and reduc[ing] dependence on the automobile.”  Additionally, the commercial area can serve as a focal point for the newly proposed residential area. 

Policy 20 (Housing Affordability and Availability) states:

THE CITY OF HERMISTON WILL ENCOURAGE THE HOME BUILDING INDUSTRY T0 PROVIDE A VARIETY OF HOUSING OPPPORTUNITIES IN SUFFICIENT QUANTITIES AT AFFORDABLE PRICES TO MEET THE HOUSING NEEDS OF ITS RESIDENTS.  PROVISION OF AN ADEQUATE SUPPLY OF HOUSING FOR LOW AND MODERATE INCOME FAMILIES IS A TOP PRIORITY.  IN ORDER TO PROVIDE THE NECESSARY VARIETY OF HOUSING REQUIRED BY THIS POLICY, THE CITY ALSO ESTABLISHES AS A HIGH PRIORITY THE PROVISION OF SUFFICIENT HOUSING OPPORTUNITIES WITH APPROPRIATE AMENITIES FOR HIGHER INCOME FAMILIES.

33. The proposed zoning encourages an appropriate mix of low and medium density residential zoning and high density residential zoning in the area surrounding the subject property.  Currently, there is no R-3 zoned property in the vicinity of the subject property.  This is not in keeping with the afore cited target. Should the city of Hermiston approve the applicant’s request, the vicinity will contain a mix of housing types including low density and multifamily residential insuring a balance between low and medium/high residential densities in compliance with this policy.

Policy 21 (Neighborhood Quality) states:

THE CITY OF HERMISTON WILL PROTECT AND ENHANCE THE QUALITY OF LIFE IN RESIDENTIAL NEIHBORHOODS.

34. The residences shall all be buffered from the commercially zoned area on the northern portion of the subject property. Multiple family development shall be buffered from the commercial development by the appropriate setback and development restrictions.  The multiple family area/development itself shall serve as a buffer and transition zone from the commercial development to the lower density residential development planned on the remainder of the site.  The applicant also conceives of a street network of local access streets that will prevent the intrusion of heavy traffic onto neighborhood streets. 

Policy 22 (Provision of Public Facilities and Services) states:

THE CITY OF HERMISTON WILL PLAN FOR THE TIMELY AND EFFICIENT PROVISION OF A FULL COMPLEMENT OF URBAN SERVICESS AND FACILITIES IN ALL DEVELOPED AND DEVELOPING AREAS IN THE COMMUNITY.  TIMELY MEANS A POINT WITHIN THE 20 YEAR TIMEFRAME WHEN THE CITY DEEMS DEVELOPMENT APPROPRIATE FOR A GIVEN PROPERTY BASED ON FACTORS INCLUDING BUT NOT LIMITED TO THE NEED FOR ADDITIONAL URBAN DEVELOPMENT WITHIN THE 8URBAN GROWTH BOUNDARY AND THE EXTENT OF UNDEVELOPED OR UNDERDEVELOPED LAND BETWEEN THE EXISTING DEVELOPMENT AND THE SUBJECT PROPERTY. 

35. All necessary urban services are readily available to the subject property and shall be extended prior to or concurrent with any physical development taking place on the subject property consistent with Policy 22 of the Hermiston Comprehensive Plan.

Policy 23 (Water, Sewer, Storm Drainage) states:

THE CITY OF HERMISTON WILL EXTEND PUBLIC WATER AND SEWER TO ALL DEVELOPING AREAS WITHIN THE UGB; THE CITY MAY EXTEND PUBLIC WATER TO INDUSTRIAL LANFDS EXCEPTIONS AREAS OUTSIDE THE UGB: ANNEXATION WILL BE A CONDITION OF SUCH EXTENSIONS EXCEPT WHEN A HEALTH HAZARD OR POLLUTION THREAT EXISTS AND EXCEPT FOR WATER PROVISIONS TO INDUSTRIAL LANDS.

36. The applicant is requesting that the City of Hermiston extend water and sanitary sewer to the subject property following annexation consistent with this policy and implementing action.  The City of Hermiston has adequate capacity to serve within the public system to accommodate any demands for water created by this annexation and Comprehensive Plan Map and zone change application.  There is also adequate capacity within the public system to accept and waster generated on-site into the public sanitary sewer system.  All run-off generated on-site shall be treated in bioswales as no centralized public stormwater system exists in Hermiston.

Policy 24 (Solid Waste) states:

THE CITY OF HERMISTON WILL ENCOURAGE THE EFFICIENT AND SAFE DISPOSAL OF SOLID WASTE.

37. Solid waste disposal is a key urban service and is available to the subject property.  All solid waste generated on-site shall be disposed of in an efficient and safe manner.

Policy 25 (Schools) states:

THE CITY OF HERMISTON WILL SUPPORT AND FACILITATE THE PROVISION OF HIGH QUALITY ELEMENTARY AND SCONDARY EDUCATION IN THE COMMUNITY.

38. The property is not identified as a potential school site in the comprehensive plan.
39. The proposed R-3 zoning designation has the potential to create high-density housing within walking distance of Sandstone Middle School and Highland Hills Elementary School.

Policy 26 (Police Protection) states:

THE CITY OF HERMISTON WILL PROMOTE ADEQUATE AND EFFICIENT POLICE PROTECTION.

40. Following annexation, the subject property will fall under the jurisdiction of the Hermiston Police Department.  This will provide enhanced response time for police protection.

Policy 27 (Fire Protection) states:

THE CITY OF HERMISTON WILL PROMOTE ADEQUATE AND EFFICIENT FIRE PROTECTION.

41. All streets and future development shall be laid out in such a manner as to comply with the subdivision ordinance and fire and emergency response provisions.  This shall promote adequate and efficient fire protection

Policy 28 (Local Government Services and Facilities) states:

THE CITY OF HERMISTON WILL PROMOTE ADEQUATE AND EFFICIENT PROVISIONS OF LOCAL GOVERNMENT SERVICE AND FACILITIES.

42. This policy is not directly relevant to the proposal.

Policy 29 (Private Utilities) states:

THE CITY OF HERMISTON WILL ENCOURAGE AND FACILITATE THE ADEQUATE AND EFFICIENT PROVISION OF PRIVATE UTILITIES INCLUDING ELECTRICAL, NATURAL GAS, AND TELEPHONE SERVICE.

43. This policy is not directly relevant to the proposal.

Policy 30 (Transportation) states:

THE CITY OF HERMISTON WILL PROMOTE A BALANCED, WELL INTEGRATED LOCAL TRANSPORTATION SYSTEM WHICH PROVIDES SAFE, CONVENIENT, AND ENERGY-EFFICIENT ACCESS, AND FACILITATES THE MOVEMENT OF COMMODITIES.

44. Any subdivision of land that takes place will include the dedication of needed rights-of-way as well as a commitment to improve roadways as needed.  The applicant’s proposal will also reduce the need to commute as the residential area is in convenient proximity to commercial development, industrial development as well as the public school.

Policy 31 (Rail and Air Transportation) states:

THE CITY OF HERMISTON WILL PROTECT THE OPERATION OF THE HERMISTON AIRPORT FROM CONFLICTING LAND USES AND ENCOURAGE EXPANSION OR AIR AND RAIL TRANSPORTATION TO FACILITATE ECONOMIC DEVELOPMENT.

45. This policy is not directly relevant to the proposal.

Policy 32 (Alternative Transportation) states:

THE CITY OF HERMISTON WILL ENCOURAGE AND FACILITATE THE PROVISION OF ALTERNATIVE TRANSPORTATION MODES AND FACILITIES TO REDUCE CONGESTION AND AIR POLLUTION AND IMPROVE RECREATIONAL FACILITIES.

46. The applicant shall provide sidewalks in all new developments on-site in compliance with Policy 32. 

Policy 33 (Transportation System Plan) states:

THE CITY OF HERMISTON WILL COMPLY WITH THE REQUIREMENTS OF THE TRASPORTATION SYSTEM PLANNING RULE . . . .

47. The applicant has provided evidence in this narrative that will allow the City of Hermiston to make findings that the application is in compliance with the Oregon transportation Planning Rule.

NOTICE AND COORDINATION.  THE CITY OF HERMISTON WILL NOTIFY AND COOPERATE WITH ALL APPROPRIATE LOCAL, STATE, AND FEDERAL AGENCIES AND TRANSPORTATION INTEREST GROUPS WHEN A LAND USE APPLICATION IS SUBMITTED AND POTENTIALLY IMPACTS A TRAFFIC FACILITY .

48. As part of this application process the City of Hermiston has notified all appropriate agencies and jurisdictions of the proposed change.

PROTECTION OF TRANSPORTATION FACILITIES:  THE FUNCTION OF EXISTING AND PLANNED ROADWAYS SHALL BE PROTECTED THROUGH THE APPLICATION OF APPROPRIATE ACCESS MANAGEMENT MEASURES AS IDENTIFIED IN THE ADOPTED TSP.  THESE MEASURES WILL BE COORDINATED WITH ODOT ACCESS MANAGEMENT STANDARDS.

49. Where required the applicant will comply with all ODOT access management standards.

CONFORMANCE TO THE ADOPTED TSP:  ALL PLAN MAP AMENDMENTS AND ZONE CHANGES SHALL CONFORM TO THE ADOPTED TSP.  PROPOSED AMENDMENTS SHALL CONFORM TO THE ADOPTED TSP.  PROPOSED AMENDMENTS SHALL NOT SUBSTANTIALLY IMPACT THE FUNCTIONAL CLASSIFICATION OR FACILITIES.  TO ENSURE PROPER REVIEW AND MITIGATION, A TRAFFIC IMPACT STUDY MAY BE REQUIRED FOR PROPOSALS THAT MAY IMPACT TRAFFIC FACILITIES.

50. The application complies with the adopted Transportation Plan and shall not change the functional classification of any roadway.  Diagonal Blvd and 10th Street are major collectors and OR 207 is a state highway.  Typically, major collectors are designed to handle approximately 15,000-20,000 ATD.  Traffic in the vicinity of the subject property is nowhere near that threshold and the application, even in a worst case scenario development would not change the functional classification of the roads adjacent to the subject property. 
51. The proposed amendment will reduce the amount of traffic generated on site as R-3 is a less traffic intensive zoning district than outlying commercial. 
52. ODOT data for OR 207 in the vicinity of the subject property indicates that there are 4500 ADT.  This is substantially below the design standard and the proposed amendment will not cause the roadway to underperform. 

CONNECTED STREET NETWORK.  THE CITY WILL SUPPORT AND DEVELOP A CONNNECTED NETWORK OF STREETS, ACCESSWAYS AND OTHER IMPROVEMENTS, INCLUDING BIKEWAYS, SIDEWALKSAND SAFE STREET CROSSINGS, TOP PROMOTE SAFE AND CONVENIENT BCYCLE AND PEDESTRIA CIRCULATION WITHIN THE COMMUNITY. 

53. Any development taking place on the subject property made possible by this application and the applicant’s application for annexation will require a connected street network and shall be developed in compliance with Hermiston’s development ordinance and this policy.

Describe the public need for the comprehensive plan map amendment and whether that need is best served by changing the zoning of the property under consideration.

54. There is a public need to reduce congestion, sprawl and to provide mixed-use developments to minimize inconvenience and maximize energy efficiency and improve liveability in the City of Hermiston.  People who live in neighborhoods with grid pattern streets, nearby employment and shopping centers, and continuous access to sidewalks and convenient pedestrian crossings tend to make more walking and transit trips.
55. Separation of uses results in inconvenience, congestion, air pollution, sprawl, and increased transportation costs.  Separation of uses results in an inefficient development pattern isolating residential areas from commercial areas and increasing reliance on the automobile.  Integrated infill development of the type proposed here has the potential to reduce motor vehicle trips and to limit congestion, air pollution and urban sprawl.  It is for these reasons that Oregon Transportation Plan policies emphasize reducing reliance on the automobile and call for transportation systems that support mixed land uses, compact cities, and connections among the various transportation modes to make walking, bicycling, and the use of public transit easier.
56. The benefits of mixed use, compact, infill development are decreased pollution, congestion sprawl and increased energy efficiency.  The commercial services in the resulting mixed use area would serve residents of the nearby residential housing and employees of future industrial developments in the area.   The proximity of these complementary uses will accrue the documented benefits of mixed use development to the City and its residents; the applicant encourages the City to administer its development code and Comprehensive Plan in a manner to provide mixed use development in this area.
57. In addition to the benefits of mixed use, the applicant has requested retention of the Commercial designation on the northern portion of the subject property which fronts OR 207.  By locating commercial services on this portion of the site, the development will reduce automobile trips by capturing traffic that is already utilizing OR 207 reducing the amount of vehicle miles traveled in order to obtain commercial services. 
58. Additionally, as discussed in the Hermiston Comprehensive Plan Housing policy, Hermiston strives to maintain a variety of housing tenures and types.  The residentially zoned property in the area in which the subject property is located is almost entirely designated and zoned for low density residential use.  There is a need to provide for a variety of housing types in the City of Hermiston.  This application will achieve that aim.
59. There is also a need to buffer the existing and future low density residential development and school from the higher intensity land uses such as commercial.  The applicant’s proposed provides a transitional area, increasing the intensity of land use as one travels north on the subject property.  The existing low density residential uses to the south of the subject property shall be buffered from eventual commercial development by the transitional higher density residential area. 
60. Finally, in order for Hermiston to strengthen its position as a regional trade and service center and to attract the types of businesses the City seeks to attract, it is imperative that Hermiston also increase its population.  Typically national retail stores require a certain amount population reside within a service area prior to placing a store in the area.  In order to attract businesses and fuel economic growth it is important that Hermiston grow its population.

Explain how the public need is best served by changing the classification of the site in question as compared with other available property.

61. There is a public need for mixed use developments minimize inconvenience and maximize energy efficiency and improve liveability in the City of Hermiston.  The site is particularly well situated to provide a mixed use development opportunity.  The location on OR 207 provides an opportunity to cater to automobile traffic. However, the site is large enough to provide 18 acres, a very large amount of commercial land while also accommodating residential uses that will support the adjacent on-site commercial development.  No other available property in the vicinity of the subject property possesses these attributes. 
62. Regarding the issue of buffering the existing school and low density residential area to the south of the subject property from commercial uses only an on-site R-3 district provides the appropriate level of buffering from higher intensity commercial development. 
63. The Hermiston Comprehensive Plan strives to achieve a balance and mix of housing tenures and types within the City limits.  There is no property zoned R-3 anywhere in the vicinity of the subject property.  The subject property is large enough to accommodate an appropriate amount of R-3 zoned property unlike other available properties in the area.  Additionally, then subject property is entirely undeveloped unlike other available properties such as the parcel to the north.  To a certain extent, existing development constrains future development on that parcel; the subject property, however, is a blank slate. 
64. All required utilities are readily available to the subject property.   Water service and available at 10th and Diagonal as are sanitary sewer facilities.  Electric service may be readily extended to the site and there is also a gas line running of the north of the subject property. 

Explain how the potential impact upon the area resulting from the change has been considered.

65. The applicant has considered the amounts and types of land available in the attached area study should this amendment request be approved. The applicant has also considered the impacts of the proposal in terms of orderly urban growth, effects on natural resources such as groundwater, open space, energy conservation, neighborhood, air quality, noise, economic and commercial growth, housing supply, public facilities and transportation impacts and has concluded that the application will either have positive impacts or at the very least no adverse impacts to any one of these important considerations. 

Findings of Fact on Annexation
City Planner Spencer recommends approval of the proposed annexation subject to the following conditions:

1. The City has received consent to annexation from the property owners for approximately 48 acres of land.
2. Notice of public hearing was published in the local newspaper for two consecutive weeks prior to the planning commission hearing on September 23 and September 30, 2009.  Notices were also posted in four public places in the city for a like period.  No comments or remonstrances have been received at this date as a result of the publication or posting.
3. Notice of public hearing was published in the local newspaper for two consecutive weeks prior to the planning commission hearing on May 5 and May 12, 2010.  Notices were also posted in four public places in the city for a like period.  No comments or remonstrances have been received at this date as a result of the publication or posting.
4. Affected agencies were notified.  Staff received comments from the Umatilla County Planning Department.
5. A public hearing of the planning commission was held on October 14, 2009.  Comments received at the hearing are incorporated into the planning commission record.
6. The proposal is consistent with all applicable state annexation requirements.
7. Since the property is contiguous to the existing city limits, the annexation is in accord with Comprehensive Plan Policy 4 which promotes compact urban development within and adjacent to existing urban areas to insure efficient utilization of land resources and facilitates economic provision of urban facilities and services.
8. The annexation is consistent with the requirements of Comprehensive Plan Policy 5 relating to annexation.
9. Following adoption of conversion from urbanizable to urban status by the City of Hermiston and Umatilla County, the property will located within the urban portion of the urban growth boundary (UGB) as identified on the comprehensive plan map.
10. Sewer and water will be available to service this property following extension by the applicant.

Findings of Fact on Zone Designation
The following findings of fact on zone designation were presented:

1. The applicant has proposed amending the comprehensive plan map designation for this property from Future Commercial to Commercial for the northern 18 acres and to Medium Density Residential for the remaining portion of the property.
2. The city has held public hearings on October 14, 2009 and May 24, 2010 to consider the proposed map amendment.
3. The proposed Outlying Commercial and Multi-Family Residential zoning designations   correspond with the overlying comprehensive plan map designations as amended by the City of Hermiston.

 
City Planner Spencer reported the staff has reviewed the proposed comprehensive plan map amendment and agrees with the applicant’s request.  The proposed commercial designation along the Elm Avenue frontage corresponds with the existing Future Commercial overlay on the comprehensive plan and is the most appropriate designation for property along a state highway. The proposed amendment of the remaining property from Future Commercial to Medium Density Residential is the most appropriate designation for property abutting a commercial zone.  The Medium Density Residential designation allows a mix of multi-family, two-family and single-family dwellings.  The Medium Density designation allows a mixture of high and low-density housing which will allow the creation of buffers between the commercial land to the north and low-density residential land to the west, south and east.

Staff also recommends that the city council accept the planning commission’s recommendation to amend the comprehensive plan map as submitted and approve the amendment to the comprehensive plan map.

Councilor Misner moved and Councilor Myers seconded to accept the findings of fact on the comprehensive plan map amendment, zone designation and annexation as presented.  Motion carried unanimously.

Hearing/Amend Comprehensive Plan Map/830 N. First Street/Les Schwab
 

Mayor Severson asked if any councilor wished to declare a potential conflict of interest.  There were none, and the hearing was opened at 7:20 pm to consider amending the comprehensive plan map and zoning for two residential lots adjacent to the existing Les Schwab tire center located at 830 N. First Street.  The property is owned by Schwab Properties Ltd and contains and existing storage area and an existing residential dwelling.  Schwab Properties Ltd proposes to redevelop the existing tire center and seeks to expand the overall land usage to include these two lots in the development area.  The existing tire center is zoned Outlying Commercial (C-2) and has a Commercial comprehensive plan map designation.  The two adjacent lots to the east are zoned Duplex Residential (R-2) and have a Low Density Residential comprehensive plan map designation.  The two lots proposed for amendment and redevelopment encompass approximately 19,400 square feet and are described as 4N 28 11BB Tax Lots 6400 and 6401.

City Planner Spencer read the hearing guidelines as follows:

The city council is holding a hearing to consider a request to amend the City’s comprehensive plan map from Low Density Residential (L) to Commercial (C) with a corresponding change in zoning designation from Duplex Residential (R-2) to Outlying Commercial (C-2) for 0.44 acres of land.  The property is located at 175 E. Jennie Avenue and at 180 E. Beebe Avenue. The applicant is Marty Stiven on behalf of Schwab Properties, Ltd.

1. The applicable substantive criteria relied upon by the City in rendering the decision to amend the comprehensive plan map and annex the property are contained in §157.226 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 city council 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)©.

For this hearing, the process begins with the staff report, followed by testimony from the applicant(s) 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 city council will consider the information and testimony received, and then render a decision.

City Planner Spencer reported the proposal will remove the two R-2 lots from the city’s residential land inventory and add them to the commercial inventory.  The additional property will then be used to improve traffic circulation on the tire center site and contain an awning for truck servicing. 

The overall redevelopment proposal will not increase the overall land use intensity of the site, even when taking into account the addition of 19,000 more square feet of lot area.  The overall lot coverage of all structures will decrease with the removal of the existing 12,495 square foot tire center and addition of a new 12,200 square foot building.  The overall site access will be improved through the reduction of driveway approaches to Highway 395 and reconfiguration of driveways on E Jennie and E Beebe Avenues.

The lands to the west, north and south are all developed with commercial land uses near the existing tire center.  The lands to the east, north and south of the proposed amendment area are all developed with low-density single family housing.  The land to the north and west of the amendment area is designated commercially on the comprehensive plan and zoning maps.  The land to the east and south of the amendment area is designated for low-density residential housing on the comprehensive plan and zoning maps.

The applicant commissioned traffic engineers Kittleson and Associates to analyze the traffic impacts of the proposed map amendment and redevelopment.  The engineer’s report states that changing the comprehensive plan designation to commercial will generate approximately 138 trips more per day and 11 more peak hour trips than if the property develops residentially

The analysis continues on to state that the increase in trips will not have a significant effect on any of the intersections studied and all intersections will continue to operate at an acceptable level of service.  Additionally, the applicant proposes to renovate and improve the driveway connections to E Beebe and E Jennie Avenues.  These reconfigured driveways will decrease reliance on E Beebe Avenue to exit the property and increase traffic flow to the E Jennie Ave signalized intersection.

When considering a request to amend the comprehensive plan or zoning maps, an applicant must demonstrate compliance with the city’s amendment criteria.  The criteria are as follows:

1. The requested change is in conformance with the comprehensive plan and the goals and policies of the plan.
    
2. There is public need for the comprehensive plan amendment/zone change and whether that need is best served by changing the zoning classification on the property under consideration.
3. The public need is best served by changing the classification for the site in question as compared with other available property.
    
4. The potential impact upon the area from the change has been considered.

Proponents

Marty Stiven of 300 Oswego Point Drive, Lake Oswego, representing Schwab Properties LTD., spoke briefly about mitigation efforts on sound issues and also discussed access concerns.

Opponents

Hearing no remonstrances or further comments from the audience, the hearing was closed at 7:30pm.

Findings of Fact
City Planner Spencer recommends approval of the proposed comprehensive plan map amendments subject to the following conditions:

The requested change is in conformance with the comprehensive plan and the goals and policies of the plan.

1. The proposed comprehensive plan map amendment and zone change are consistent with those plan policies that are relevant to this request.  The relevant goals are those that address the addition of commercial land and the removal of residential land.
2. The public has had adequate opportunity to review and comment on the proposal as required by Policy 1 of the comprehensive plan.  The city published a notice of public hearing on April 18, 2010 notifying the public of the proposed amendment and provided a direct mailing of the proposal to all property owners within 300 feet.  The planning commission held a public hearing on May 12, 2010 at which time the public was provided an opportunity to comment on the proposal.  The city council held a public hearing on May 24, 2010 at which time the public was provided an opportunity to comment on the proposal.
3. The city is required by Policy 2 to monitor and periodically update the comprehensive plan in response to changing conditions.  Amending the designation of the 19,000 square feet in question will allow the applicant to construct a modern facility which is more efficient and better suited to the traffic patterns which have changed substantially since the site was originally developed.
4. Policy 7 requires the city to protect natural resources.  There are no identified natural resources on the site.  The site is designed to contain all storm water on-site, thereby limiting storm run-off impacts on water quality.
5. Policy 8 requires protection of groundwater resources.  The site is serviced by existing municipal water supplies and will not draw down the groundwater supply.
6. Policy 11 requires compliance with state and federal air quality standards.  There are no major point sources of air pollution in the city’s UGB.  The proposed amendment and subsequent redevelopment will not generate significant amounts of air pollution.
7. Policy 12 requires the city to comply with state noise standards to minimize impacts to residential uses.  Consideration of a map amendment is not an approval of a specific development proposal.  However, the applicant employs an acoustical consultant to assist in development plan which will minimize noise impacts from the redevelopment on adjacent residential uses.
8. Policy 14 requires the city to control or prohibit development in areas with natural hazards or other development limitations.  There are no known or mapped development hazards on the subject property.
9. Policy 15 requires the city to encourage energy conservation.  The subject property is centrally located in the city’s commercial core.  Available alternative locations to rebuild the site are all located farther from the city core and would require more travel time and energy usage for customers.  The redeveloped facility will also utilize more efficient construction techniques and building materials which will result in a more energy efficient structure.
10. Policy 19 requires the city to assure the availability of commercial land.  The city adopted findings in 2005 which indicated a shortage of available commercial land in the northern portion of the city.  It is not possible to redevelop the existing tire center on this site without adding additional land to the commercial inventory. 
11. Policy 20 requires the city to promote varied housing opportunities in the city.  The subject property is located in an area where commercial and residential zoning abut mid-block rather than at a street intersection.  The proposed amendment moves this mid-block boundary 65 feet to the east and maintains the existing pattern of commercial development adjacent to residential uses in this neighborhood.
12. The site is already serviced by municipal facilities and no extensions or upgrades will be required.  Therefore, the proposal is in conformance with Policies 22, 23 and 24 regarding provision of urban services.
13. Policy 25 requires the city to support the provision of high quality education.  The expansion will add substantial value to the city’s tax base which supports the school system. 
14. The proposed amendment will result in a commercial development of slightly smaller size than the existing use on a larger lot.  There should be no additional demand for police, fire or other governmental services as a result of the redevelopment.  Policies 26, 27 and 28 relating to provision of government services.
15. Policy 30 requires the city to promote a balanced, well-integrated transportation system.  The applicant has prepared a traffic impact analysis which demonstrates that the proposed amendment will not impede traffic on Highway 395.
16. Policy 31 requires the city to comply with the provisions of the transportation planning rule as required by the State of Oregon.  The applicant’s analysis has determined that the intersection of E Beebe and Highway 395 will meet ODOT’s mobility standard for the planning horizon.  The full buildout of the site will generate more traffic, specifically 11 additional peak hour trips and 138 daily trips, but the intersections in the affected area will still function within mobility standards.

The public need for the comprehensive plan amendment and whether the public need is best served by changing the zoning classification on the property under consideration.

17. The proposed amendment and redevelopment of the tire center provides a service to the residents of Hermiston and the surrounding area.  The amendment will allow for more efficient operation and improved service to customers.
18. The tire center site is located along Highway 395 which creates a convenient access point for customers, especially truck customers, minimizing truck traffic on local residential and commercial streets.
19. It is in the public interest to facilitate growth of the business to provide efficient service to new and existing customers.  The enlarged site will allow the business to continue to operate while redevelopment occurs.

The public need is best served by changing the classification for the site in question as compared with other available property. 

20. The existing tire center is a well-known presence in Hermiston and it is in the public’s interest for operations to continue at a central, convenient and well-known location.
21. Adding additional property to the existing tire center will allow the creation of an improved circulation system which provides one-way ingress and egress for large trucks.
22. Driveway consolidation on Highway 395 will reduce congestion and cause less traffic disruption on the highway.
23. The property is bounded by existing streets on the west, north and south, leaving eastward expansion as the only expansion option.
24. The applicant has considered alternative sites in the past, however the signalized intersection, good visibility and available property for expansion make this the optimal location for expanding the business.

 Explain how the potential impact upon the area from the change has been considered.

25.  The proposed land use change maintains the existing land use pattern, but moves said pattern further to the east.
26. The applicant commissioned a traffic impact analysis.  The analysis determined that the change would have no negative impact on the traffic infrastructure.
27. The proposed driveway reconstruction and relocation plan will minimize the impact of truck traffic in the neighborhood.
28. The applicant will be required to design the final site plan to provide noise mitigation techniques to maintain compliance with §92.27 of the ordinance code relating to noise.
29. The relocated truck canopy will be setback from the eastern property line 30 feet in order to minimize noise impacts to the neighboring residential use.
30. The new site design will accommodate better on-site circulation resulting in less vehicle maneuvering (and therefore noise) on the local street system.
31. A new concrete wall will be located along the eastern property line between the residential and commercial uses, minimizing noise impacts to the east.

Consistency with statewide planning goals.

1. Goal 1: Citizen Involvement:  The city has an acknowledged citizen involvement plan.  The city has followed the applicable procedures in the plan in considering the application by holding a public hearing before the planning commission on May 12, 2010.
2. Goal 2: Land Use Planning:  The city’s comprehensive plan and land use regulations are acknowledged by LCDC.  The proposed amendment has been processed according to the acknowledged procedures and the city has adopted findings supporting the factual base for the application as required.
3. Goal 3: Agricultural Lands: The site is within the Hermiston UGB and is urban.  Goal 3 is not applicable.
4. Goal 4: Forest Lands:  The amendment does not affect any existing forest lands.  Goal is not applicable.
5. Goal 5: Natural Resources: The subject property is not within any identified natural resource, scenic, historic or other Goal 5 resource land.  Therefore, Goal 5 is not applicable.
6. Goal 6: Air, Water and Land Resource Quality:  The development will be required to comply with all state, federal and local regulations for air and water quality.  Redevelopment will allow improved compliance with water quality standards with on-site treatment of storm water in bioswales.
7. Goal 7: Areas Subject to Natural Hazards:  The site is not within any mapped natural disaster or natural hazard area.  Goal 7 is not applicable.
8. Goal 8: Recreational Needs:  The amendment and redevelopment will enhance the travel safety of residents and visitors allowing greater access to recreational needs.
9. Goal 9: Economic Development:  The proposed amendment will allow an existing business to remain current, modern and efficient and provide adequate size to continue operations.
10. Goal 10: Housing:  The removal of 0.44 acres from the housing inventory will not materially diminish housing opportunities within the city.
11. Goal 11: Public Facilities and Services:  The site is already serviced by public facilities to the north, west and south.  All services are adequate for the proposal.
12. Goal 12: Transportation Planning:  The applicant’s traffic analysis determined that the impact of adding 0.44 acres to the commercial land supply will have a minimal impact on the street system.  The engineers have determined that there will be no negative impact on the city’s transportation system which is consistent with Goal 12.
13. Goal 13: Energy Conservation:  It is more energy efficient to rebuild the tire center on-site rather than relocate to another location which is further from the downtown core.
14. Goal 14: Urbanization:  The site is already within the UGB and city limits and is existing urban property.
15. Goal 15: Willamette River Greenway:  This goal is not applicable to the request.
16. Goal 16: Estuarine Resources:  This goal is not applicable to the request.
17. Goal 17: Coastal Shorelands:  This goal is not applicable to the request.
18. Goal 18: Beaches and Dunes:  This goal is not applicable to the request.
19. Goal 19: Ocean Resources:  This goal is not applicable to the request.

City Planner Spencer recommends that the city council adopt the proposed map amendments be approved subject to the following conditions:

1. The driveway entrance to E Jennie Avenue shall be reconfigured to be at least 75 feet from the intersection with Highway 395 as recommended by Kittleson and Associates.
2. All driveway cuts which are proposed for abandonment or consolidation shall be removed at such time that redevelopment occurs on the property.  New driveway cuts and those driveway cuts to remain shall be installed or improved to comply with ADA requirements.  Those portions of the sidewalk on E Jennie and E Beebe Avenues which are broken or damaged shall be replaced when redevelopment occurs.

Also, recommends that the city council direct staff to research if designating the north side of E. Jennie Avenue as a no parking zone is appropriate and report back to the city council.
Councilor Harkenrider moved and Councilor Davis seconded to accept the findings of fact on the comprehensive plan map amendment and zone designation as presented.  Motion carried unanimously.

Unscheduled Communication

Citizens Becky Miltenberger and Kristin Connell spoke to the Mayor and Council requesting a change in the City Ordinance pertaining to barking dog nuisances in the City.  She specifically felt that Walla Walla has better ordinance provisions for the abatement of barking dog nuisances than Hermiston.  After some discussion it was agreed that the City would do some research on the matter.
 

Minutes & Report

Councilor Harn moved and Councilor Davis seconded that the April manager’s monthly report and minutes of the May 12 planning commission meeting be approved for filing.
 

Res. No. 1876 – Elects to Receive State Revenues for Fiscal Year 2010-11
 

Resolution No. 1876 – Elects to receive state revenues for Fiscal Year 2010-11 was read and discussed.  Councilor Hardin moved and Councilor Myers seconded that the resolution be approved and laid upon the record.  Motion carried unanimously.

Res. No. 1877 – Employee pay for the 2010-11 Fiscal Year
 

Resolution No 1877 – Employee pay for the 2010-11 fiscal year (no cost of living increases, reinstatement of step increases) – was read and discussed.  Councilor Myers moved and Councilor Hardin seconded that the resolution be approved and laid upon the record.  Motion carried unanimously.
 

Res. No. 1878 - Adopt Budget, Appropriations, Impose & Categorize Tax for Fiscal Year 2010-11

Resolution No. 1878 - Adopt budget, make appropriations, impose the tax and categorize the tax for fiscal year 2010-11 - was read and discussed.  Councilor Harn moved and Councilor Harkenrider seconded that the resolution be approved and laid upon the record.  Motion carried unanimously.

Ord. No. 2164 - Amend Comprehensive Plan & Zone Maps/Be Good, LLC

Ordinance No. 2164 - Amend the City of Hermiston comprehensive plan map and zone map for approximately 48 acres of land located at the northeast corner of Diagonal Road and 10th Street and south of E. Elm Avenue, withdrawing said territory from special library district and designate zoning effective on the 30th day after enactment.  Mayor Severson requested that the first reading be by title only.  Hearing no opposition, City Attorney Luisi read the ordinance by title only.  Mayor Severson requested that the ordinance be put on for final adoption at this meeting and that the second reading be by title only.  After City Attorney Luisi read the ordinance by title only for the second reading, Councilor Myers moved and Councilor Davis seconded that Ordinance No. 2164 be adopted effective on the thirtieth day after enactment.  8 votes for; none against.  Motion carried unanimously.

Ord. No. 2165 - Amend Comprehensive Plan & Zone Maps/Les Schwab Tire Store

Ordinance No. 2165 - Amend the City of Hermiston comprehensive plan map and zone map and zone map for two residential lots at 830 N. First Street, withdrawing said territory from special library district and designate zoning effective on the 30th day after enactment.  Mayor Severson requested that the first reading be by title only.  Hearing no opposition, City Attorney Luisi read the ordinance by title only.  Mayor Severson requested that the ordinance be put on for final adoption at this meeting and that the second reading be by title only.  After City Attorney Luisi read the ordinance by title only for the second reading, Councilor Harkenrider moved and Councilor Calame seconded that Ordinance No. 2165 be adopted effective on the thirtieth day after enactment.  8 votes for; none against.  Motion carried unanimously.

 

 

Council Comments

Councilor  Hardin congratulated the Mayor, Councilors and Judge that were re-elected.

 

There was no other business and meeting was adjourned at 7:45pm.

 

                                                                                    SIGNED:

 

                                                                                    /s/ Bob Severson                                         
MAYOR
ATTEST:

           
/s/ Robert D. Irby                                                      
CITY RECORDER