Chairman Saylor called the meeting to order at 7:00 p.m.  Commissioners Erz, Rebman, Caplinger, and Fialka were present.  Commissioners Sheffield, Ferguson, Ottmar, and Quick were absent.MinutesCommissioner Erz moved to approve the minutes of the May 12, 2010 regular meeting.  Commissioner Rebman seconded the motion; the minutes were approved unanimously.

Hearing/Request for Conditional Use Permit/Hermiston School District – Armand Larive

Chairman Saylor announced that the Planning Commission is holding a hearing to consider a request for a conditional use permit where the applicant seeks to add sports field amenities not shown on the original conditional use permit application. Those additions include field lighting, outdoor bleachers, press boxes with a PA system, and a concession/restroom building.  The property is located at 1497 SW 9th Street and the applicant is Gary Wetch of Loofburrow Wetch Architects on behalf of the Hermiston School District 8R. The property is also described as 4N 28 15, Tax Lot 500 and 4N 28 15BD, Tax Lot 900.

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 read the following guidelines:

The planning commission is holding a hearing to consider a request for a conditional use permit.  The request must be approved by the planning commission subject to the criteria established in §157.208 of the Hermiston Code of Ordinances.  The applicant wishes to add sports field amenities not shown on the original conditional use permit application.  The property is located at 1497 SW 9th Street and the applicant is Gary Wetch of Loofburrow Wetch Architects on behalf of the Hermiston School District 8R.

1. The applicable substantive criteria relied upon by the City in rendering the decision to grant the conditional use permit are contained in §157.208 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 the Hermiston School District has submitted an application to modify an existing conditional use permit for Armand Larive Middle School.  The site is located on the east side of SW 9th Street between Gettman Road and W Joseph Avenue at 1497 SW 9th Street.  The site encompasses approximately 32 acres on an overall 45 acre site.  The property is located within the city limits and is zoned Single-Family Residential (R-1).  Per §157.025(B)(10) of the Hermiston Code of Ordinances, a school is a conditional use in the R-1 zone.

The proposed request is to modify the original 2009 city approval of the athletic fields.  The original conditional use approval included soccer, baseball and track and field facilities.  The school district has modified the original plan to include 750 seats, field lighting, a concession building and a public address system.  Per §157.210(F)(5) of the Hermiston Code of Ordinances, a minor deviation from a master plan may be approved administratively by staff as long as it does not increase the overall land use intensity by more than 10%.  Upon reviewing the athletic fields and accessory facilities, staff made the determination that the addition of seating, concessions and PA system constitutes an increase in land use intensity above 10% and would require a modification of the conditional use permit.

A modification of a conditional use permit shall be reviewed by the city subject to the same policies and provisions as a new conditional use permit.

In addition, City Planner Spencer stated that illumination from 6.6 foot candles is approximately equal to a 40 watt bulb. He also pointed out that the existing planned 315 parking spaces are sufficient since no athletic event will occur during normal school hours.

Commissioner Rebman made an inquiry into the original Gettman Road improvement agreement.  City Planner Spencer advised that the improvements were from 9th Street to 11th Street.Hearing no further questions, Chairman Saylor opened the floor for testimony.

Testimony

Proponents:

Gary Wetch of Loofburrow Wetch Architects, 201 W. Yakima Avenue, Yakima, Washington; stated that the intent all along was to have athletic fields with lighting and that the tennis courts were already approved.  The creation of the school came first, then the fields.  The goal was to make sure that the project came in on budget. Site orientation for both the football and baseball fields was key in eliminating parking on 9th Street.  The area for the athletic fields is approximately 32 acres which makes it one of the smallest for middle school use.  In fact, there is no room for a softball   field at this site.  There will be 15 foot trees along the north-end of the site acting as a buffer for sound and lighting.  The field lighting is necessary as a safety precaution in the event games extend past dusk.  The selection of taller lights was made since they can be aimed downward instead of outward which is what shorter poled lights require.  Short lights are more opened-faced and shine outward.  In an attempt to keep access to the school at a minimum, a restroom building was added.  It is being located in the middle of all of the fields thus providing good access from all areas. There will be a 6 foot continuous fence placed along the north-end thus blocking access from the 7th and Joseph Avenue area.  The proposed 357 parking spaces should provide enough on-site parking.  Extending the Gettman Road improvements to the railroad tracks would prove to be extremely expensive for just an addition of a restroom/concession building and lights.  Also, the lights can be set on a timer. 

Jeff Gray, Conley Engineering, 205 North 40th Avenue #201, Yakima, Washington; confirmed that the taller light poles are the best choice as they can be aimed down rather than outward.  Shielding on the lights will cause less spillage.  The lighting level will be re-configured since tall trees will also be installed.

Dave Fishel, Bond Project Manager, estimated the cost to extend the Gettman Road improvements would be just under $300,000 with an additional $150,000 if a crossing                   arm is required.

Wade Smith, Assistant Superintendent Hermiston School District, 80615 Brenda Court, Hermiston, Oregon; clarified that a separate report was not needed to satisfy Draft Finding #15 regarding presenting evidence to show that increased activities will not negatively impact the surrounding properties.  Mr. Smith confirmed that the field lighting was already pre-bid out and the bond oversight committee had approved the additional lighting.  The School District does oppose the additional improvements to Gettman Road as the cost far exceeds the cost of the field amenities.  The lights were not initially included as the School District was not certain that it would be able to afford the lighting.  The bleachers seat roughly 250 people whereas the high school bleachers seat about 2500 people.  The restroom is just a cinder block building as we were directed not to have portable toilets. 

Commissioner Erz asked for a definition of “middle school use”.  Mr. Smith stated that the complex will be used for daily PE activities and for other middle school events. Currently, the middle school uses the high school track.  Potentially, underclassmen may use this complex.  Commissioner Erz expressed her concern with noise levels and the danger of the Gettman Road crossing without an arm.  Mr. Smith voiced his opinion that by improving Gettman Road to the railroad tracks, it would encourage people to use that route which is counter to the goal of directing people towards Hwy 207.

Commissioner Fialka asked about gated parking.  The gates would be closed during school hours only and left open for after-hour events.  The narrow drive off of Joseph Avenue is an entrance-only driveway. 

Mike Kay, Hermiston School District,1002 SE Banker Drive, Hermiston, Oregon; stated that this project would give the District the ability to stack games thus keeping kids in class longer.  Games could be moved to a later time thereby allowing parents the opportunity to attend. Community use is a little different.  Late night use of existing fields is done by the community.  Mr. Kay reminded everyone that the lights for this project are different than those at the high school field. 

Commissioner Erz felt that the noise from cheering crowds and slamming car doors would be a negative impact to the neighboring community. 

Frank Harkenrider, 935 S. First, Hermiston, Oregon; asked if varsity baseball will be moved from Weber Field to this new facility. Also, how much will this facility cost?  Is this under the original bond issue?  Chairman Saylor advised that it was part of the original bond and not a new bond issue.

Opponents:    

Shirley Parsons, 1351 SW 8th Street, Hermiston, Oregon; stated that the public address system was not in the original plan and Mrs. Parsons equated it to noise. The concession/restroom building was not apart of the original design.  Restrooms are continually vandalized.  Sports complexes invite constant use.  If open to the                                    community for use, it will go late into the evening.  This causes more traffic and more noise. 

Roger Parsons, 1351 SW 8th Street, Hermiston, Oregon; expressed his concern with additional traffic on Joseph Avenue.

Ken Reardon, licensed electrician, 295 E. Main Street, Hermiston, Oregon; stated that the neighborhood will decline and property values will drop.  Public address systems generate too much noise.  People will use any available road to leave the area.  Dampers on the lights only damp so far.  Also, kids will probably damage the lights at only 6 feet high.  The railroad should help build a crossing arm.

Tracy Journot, 659 W. Joseph Avenue, Hermiston, Oregon; stated that adding lighting does bring in late night activity.  The lights would be in his backyard.  He does not want a public address system as he can currently hear the one at the high school which is approximately 1.5 miles away, as the crow flies. 

Wade Smith addressed the questions/concerns raised.  No additional taxpayer monies will be used as the project is within the original bond issue.  The high school has no intention to leave Weber Field as a 2-year contract was signed with the County.  The District owned this land long before the residential subdivisions were built.  New schools greatly enhance property values.  The District is working to prohibit Joseph Avenue access.  This public address system is much more zone controlled and announcements will be during the daytime.  Also, the system will not be for community use.  Only district personnel will control the lights and the lights will automatically shut-off at 10pm.  There will be outside security cameras where images can be seen even in darkness.  This complex is designed for school and community use.  The lights will be placed on 80 foot poles, not 6 foot poles.  More light comes from the moon than these candle lights.  The railroad crossing is a County and railroad issue, not a City or District issue.

Chairman Saylor asked City Planner Spencer when he ultimately sees Gettman Road being paved.  He stated that it would be a long time before that property is developed to an urban standard.  In lieu of the paving we can do an irrevocable consent agreement.  Chairman Saylor stated that the District would have to participate in the additional Gettman Road improvements even if the District does not further develop the site.  Additionally, Chairman Saylor stressed to the participants that the Planning Commission’s role is land use.  There is a noise ordinance so the Commission should not have to spend too much time mandating noise controls.  City Planner Spencer stated that he didn’t feel that the public address system would reach the 60 to 70 decibel range. 

Commissioner Erz asked how authorized users are determined.  Mr. Smith stated that Mike Kay would be the one to make that determination.  Commissioner Erz also expressed her concern regarding reasonable expectations of what constitutes a middle school ball field.  She felt that the addition of lighting, bleachers, and concessions would not be reasonably expected at a middle school.  Also, having activities into the night would not be reasonably expected.  Mr. Smith stated that the District has tried to be open and transparent in regards to the lighting and concessions.  They have always been shown as “future” items in all of the plans   presented to the public. 

Chairman Saylor asked if any sound system research has been performed.  Mr. Smith stated that the District will use the most appropriate system for the site.  He also reminded the participants that they will not have to have a system like the one at the high school.  Jeff Gray asked the participants to keep in mind that sound is directional, bounces, and travels upward.  The high school uses 360 degree blow horns and the surrounding homes are above the speakers so with sound traveling upward, it makes it more audible at the surrounding homes.  Today, sound technology can minimize the throw.

Commissioner Caplinger asked about the feasibility of having a periodic review where additional conditions can be imposed, if necessary.  City Planner Spencer stated that only certain items can be reviewed at that point such as limiting hours of operation or requiring additional landscape.  The school should open Fall of 2011 so June of 2012 would be the earliest time for a review.

Hearing no further testimony, Chairman Saylor closed the hearing at 8:34 pm.
 

Chairman Saylor asked for a motion.  Commissioner Rebman moved and Commissioner Caplinger seconded the motion to accept the draft findings as amended with the addition of Draft Finding #18. Motion passed.
 

Draft Findings

The proposal is in conformance with the comprehensive plan and zoning ordinance.

1. The property lies within a Low Density Residential comprehensive plan designation.  The property is zoned Single-Family Residential (R-1).
2. A school and its accessory uses are conditional uses in the R-1 zone per §157.025(B)(10).
3. Conditional uses must be approved by the planning commission subject to the procedures established in §157.205 through §157.210 of the Hermiston Code of Ordinances.
4. Pursuant to §157.207 of the Hermiston Code of Ordinances, the planning commission held a public hearing on June 9, 2010.
5. Facilities such as parking facilities, athletic fields and play areas are not subject to setback requirements unless they contain structures and may be located anywhere on the property.

6. The structures, in the form of seating, concession stand and announcer booths are all located in compliance with the setback requirements for the R-1 zone.  Light poles are not considered structures under the zoning code and are not subject to setback requirements.
7. The school’s approved development plan calls for 315 dedicated parking spaces.  Athletic facilities require one parking space per 4 seats or 8 feet of bench length.  There are 750 total seats for all fields, this would require 188 parking spaces.  However, since athletic events do not overlap with normal school hours, there is not a need to provide 188 additional spaces and the 315 parking spaces provided are sufficient.

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

8. All of the proposed athletic fields were included in the original conditional use proposal.  It is the small footprint seating, concession and announcing facilities which are part of the conditional use modification.
9. The facilities under consideration represent a very small increase in the overall lot coverage.
10. The property is large enough in size and shape to accommodate the new structures while maintaining lot coverage and setback requirements.

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

11. The site is serviced by municipal sewer and water facilities.  These facilities are of adequate capacity to serve the small demands these facilities will require.
12. SW 7th Street stubs into the north boundary of the site.  This street is developed for local residential use and does not provide any facilities for parking or spectators.  To discourage attendees of sports functions from parking on SW 7th Street or W Joseph Avenue, the school district will be required to install a 6 foot chain link fence at the intersection of SW 7th Street and the school district property.  This access point shall not be opened to the public.  If a gate is required for maintenance and/or fire and safety access, such a gate shall be locked and inaccessible to the public.
13. The original conditional use approval required improvements to Gettman Road.  The scope of the Gettman Road improvements was predicated on the school’s ability to regulate bus and staff traffic in the area.  Traffic generated by athletic events will not be as large as that generated by school activities based on the testimony; therefore, the District will be required to sign an irrevocable consent agreement for future improvements to Gettman Road and shall participate in such improvements at such time as development and traffic impacts warrant those improvements.

The proposed use will prove reasonably compatible with surrounding properties.

14. The proposed modifications do not expand the basic use originally approved in the conditional use permit, namely athletic facilities accessory to a middle school.  The proposed modifications add 750 seats and lighting which will increase the overall hours of operation for the site beyond regular school hours.
15. There is adequate parking to accommodate the users of athletic fields which will occur outside school operating hours.  However, since most of the athletic activities will occur outside school operating hours, the applicant must provide evidence that the impacts of increased activities will not negatively impact surrounding properties. 
16. The school district has supplied an engineered lighting plan for the field lights.  This light plan indicates that the spillage from the lights will be minimized on adjacent properties.  The plan indicates that the illumination will be a maximum of 6.6 foot candles or less as mitigated by landscaping.  This illumination level is less than a street light. 
17. The announcer’s public address system will be aimed away from adjacent residential properties to the north and will be volume controlled to minimize noise.
18. The public address system must fall within the guidelines of the Hermiston Code of Ordinances, Chapter 92: Nuisances, Excessive Noise.

Draft Conditions

All of the original conditions of approval are still in effect for the modified proposal.  The planning commission’s approval of the school included 21 conditions.  In addition to those 21 conditions which must still be satisfied as the school construction proceeds, staff recommends that the planning commission add the following conditions to minimize neighborhood impacts:

1. The SW 7th Street approach to the school shall not be used for public access.  The approach shall be fenced with a six foot fence or gated with a locked gate to insure the public and attendees at sports events shall not park on SW 7th Street or W Joseph Avenue where there are not adequate public parking facilities.
2. The school district shall sign an irrevocable consent agreement to participate in the extension of paving improvements on Gettman Road to the railroad crossing at the eastern property line once those improvements become a requirement.
3. Athletic field lighting shall be turned off when the fields are not in use for practice or competitive events.  Additionally, all field and tennis court lighting shall terminate at 10pm.
4. The staff shall conduct a periodic review with public noticing in June of 2012.

Staff Recommendation

Staff recommends that the planning commission approve the modification of the conditional use permit based upon the findings of fact and subject to the conditions of approval.

Chairman Saylor asked for a motion.  Commissioner Caplinger moved and Commissioner Rebman seconded the motion to approve the four draft conditions as amended and to grant the modification of the conditional use permit subject to all of the conditions of approval.  Motion passed with Chairman Saylor and Commissioners Caplinger, Fialka, and Rebman voting yes while Commissioner Erz voting no.

Planner Comments and Unscheduled Communications

The City has selected a Periodic Review contractor.  Marty Stiven was selected.  The City is required to hold a kick-off meeting which will be a public meeting.  Since Ms. Stiven will be in Europe during the entire month of August, we need to select a date.  After some discussion, it was determined that the September 8th regular meeting would probably work.  Until then, the Goal 5 resource people can do some legwork.

Harmon Springer, City Council member, was hit when entering the intersection of Gladys and Hwy 395.  Although the jaws of life were used to extract him, he was fine.

There was no further business and the meeting was adjourned at 8:50 pm.