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

Minutes

Hearing no objection, Commissioner Saylor approved the minutes from October 13, 2010 as written.

HEARING

Request for Major Variance/Sterling Ridge Apts

Chairman Saylor announced that the Planning Commission is holding a hearing to consider an application for a major variance where the applicant requests that the setback requirement be reduced to 0 feet to allow the construction of an 8 unit carport as part of a multi-family development project.

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 announced that the planning commission is holding a hearing to consider a request for a major variance.  The request must be approved by the planning commission subject to the criteria established in '157.225(A)(1) of the Hermiston Code of Ordinances.  The applicant wishes to obtain a variance from '157.027(D)(3) of the Hermiston Code of Ordinances which establishes that all structures must be at least 10 feet from the rear lot-line.  The property is located at 1420 NW 11th Street.  The applicant is Dan Parkison on behalf of Sterling Ridge Apartments LLC.

The reading of the remainder of the hearing guidelines was waived.

Staff Report

City Planner Spencer stated that Dan Parkison has submitted a request for a major variance on behalf of Sterling Ridge Apartments LLC.  The property is described as 4N 28 03C Tax Lot 808 and is zoned Multi-Family Residential (R-3).  The applicant has requested a variance from the 10 foot rear yard setback requirement in the R-3 zone.  §157.027(D)(3) establishes that all structures must be at least 10 feet from the rear lot line.  In this case, the applicant is requesting that the setback requirement be reduced to 0 feet to allow the construction of an 8 unit carport as part of a multi-family development project.  The property is located at 1420 NW 11th Street and contains the existing Sterling Ridge multi-family apartment complex.  The applicant has received approval from the city for the construction of 66 additional dwelling units on the site.  The variance application dovetails with the new multi-family construction in that the applicant wishes to provide covered parking for the new dwellings and has limited area to place these units.

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

Commissioner Rebman asked whether or not the landscape easement conditions would be recorded in the deed and if not, how would the City be protected, especially in the future.  City Planner Spencer stated that, a new City Planner would see that the carports would be considered a non-conforming use and would act accordingly.  The Commissioners determined that if a new property owner tried to encroach on or remove the easement that would trigger activity by the City.  Commissioner Sheffield stated that the hospital has no problem with the location of the carports.  Commissioner Ferguson verified that storage space would not be included with the carport structures. 

Hearing no further questions, Chairman Saylor did not open the floor for testimony as no one was present to testify.

Testimony

• Proponents: None present.
• Opponents: None present.

 Draft Findings

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

1. The existing Sterling Ridge apartments meet the minimum parking requirements and phase 2 will provide parking above and beyond that required by the zoning ordinance and will provide additional parking for tenants of both phases.
2. The applicant wishes to provide one covered parking space for each dwelling unit.  Placing carports for Phase 2 at the proposed location will open up additional parking for Phase 1 in the new Phase 2 parking lot.
   The variance is necessary for the preservation of a property right of the applicant that is substantially the same as is possessed by owners of other property in the same zone or vicinity.
3. The carports could be constructed with a 10 foot setback if the land adjacent to the proposed carports was physically part of the lot.  However, the applicant acquired a 10 foot landscape easement along the east property line to provide additional buffering for the apartments. 
4. This easement is intended to serve a similar purpose as a setback and is recorded for the benefit of the Sterling Ridge property.  It is not possible to remove the easement provisions without the consent of the property owner and the beneficiary of the easement.
5. The landscape easement provides the visual equivalent of a 10 foot setback.
   The authorization of the variance shall not be materially detrimental to the purposes of the zoning ordinance, be injurious to property in the zone or vicinity in which the property is located, or be otherwise detrimental to the objectives of any development pattern or policy.
6. The landscaped easement creates the same visual impact as if the 10 foot setback was maintained as required.
7. Under current zoning ordinance requirements, it is possible to build a commercial parking lot where cars park right up to the property line.  The applicant seeks to construct an open carport over parking spaces constructed in accordance with the zoning ordinance.
   It is impossible to maintain the zoning ordinance requirements and at the same time build, erect or use the structure.
8. It is not possible to build a usable carport which meets setback requirements if parking is extended all the way to the eastern lot line. 
9. It is possible to extend parking to the lot line and meet ordinance requirements, but that parking cannot be covered unless a setback variance is obtained.
   The variance requested is the minimum variance from the provisions and standards of the zoning ordinance which will alleviate the hardship.
10. The applicant has requested the smallest variance possible which will still allow the parking spaces to be covered.  To compensate for the setback variance, the applicant has provided a 10 foot landscape easement on the east side of the property line.

Staff Recommendation

Staff recommends that the planning commission approve the variance request and allow the carports to be constructed as proposed.  Staff recommends that the planning commission place the following condition on the variance:

1. The 10 foot landscape easement for the benefit of SRA LLC shall not be released or amended without the consent of the city. 
2. In the event that the 10 foot landscape easement is released or otherwise becomes void, the carports shall be removed within 6 weeks of the date that such a revocation is recorded.

Chairman Saylor asked for a motion.  Commissioner Rebman moved and Commissioner Ottmar seconded the motion to approve the variance subject to the two conditions. Motion passed.

NEW BUSINESS

Minor Land Partition/Greg Jared/1474 SW Meadow View Drive

Staff Report

City Planner Spencer stated that Greg Jared has submitted an application for a replat of property located at 1474 SW Meadow View Drive.  The property consists of one 0.33 acre lot which contains a single family dwelling.  The property is zoned Multi-Family Residential (R-3) and is described as 4N 28 16AB Tax Lot 514. 

The property was originally two single-family lots which were combined in anticipation of building a free standing shop building behind the dwelling.  The shop was never built and the owners now wish to sell the back yard separately from the dwelling.  Each lot exceeds the minimum lot size of 6,000 square feet in the R-3 zone.

The criteria that are applicable to the decision to accept the proposed replat are contained in §154.15 through §154.46, §154.60 through §154.66 and §157.027 of the Hermiston Code of Ordinances. 

Chapter 154: Subdivisions

Design Standards

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

Minimum Improvements Required

§154.60 Permanent Markers

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

§154.61 General Improvements

• The site is adjacent to SW River Hill Drive and SW Meadow View Drive which are existing improved streets.  There will be no additional improvements required for either street.

§154.62 Water Lines. 

• There are existing municipal water lines serving the site in SW Meadow View Drive and SW River Hill Drive.

§154.63 Sanitary Sewer System. 

• There are existing sanitary sewer lines SW River Hill Drive and SW Meadow View Drive.  No sanitary sewer system improvements will be required.

Preliminary Plat

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

Final Plat

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

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

Chapter 157: Zoning

§157.027 Multi-Family Residential Zone (R-3)

The proposed partition encompasses approximately 14,000 square feet.  Each parcel exceeds the minimum lot size of 6,000 square feet in the R-3 zone.  Parcel 1 is 8,240 square feet and Parcel 2 is 6,305 square feet.

Staff Recommendation

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

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

Final Subdivision Plat/Overlook Ridge Subdivision Phase 2

City Planner Spencer stated that Worley Surveying has submitted a final subdivision plat for Overlook Ridge Phase 2.  The proposed subdivision sits upon approximately 2.3 acres of land located east of Overlook Ridge Phase 1 and south of W Punkin Center Road.  The property is owned by Nancy Ochse proposes to create 12 lots ranging between 7,000 and 10,000 square feet.  The proposed lots are designed and laid out in accordance with the preliminary plat for Overlook Homes as approved by the planning commission in November, 2003.  The property is zoned Multi-Structure Residential (R-4).

The criteria that are applicable to the decision to accept the final plat are contained in §154.46 of the Hermiston Code of Ordinances.  In addition, the planning commission’s acceptance of the preliminary plat was subject to 12 conditions.

Chapter 154: Subdivisions

Final Plat

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

1. The boundary lines of the area being subdivided, with accurate distances and bearings.  Shown as required
2. The lines of all proposed streets and alleys with their width and names.  Shown as required
3. The accurate outline of any portions of the property intended to be dedicated or granted for public use.  Shown as required
4. The line of departure of one street from another.  Shown as required
5. The lines of all adjoining property and the lines of adjoining streets and alleys with their widths and names.  Shown as required
6. All lot lines together with an identification system for all lots and blocks.  Shown as required
7. The location of all building lines and easements provided for public use, services or utilities.  Shown as required
8. All dimensions, both linear and angular, necessary for locating the boundaries of the subdivision, lots, streets, alleys, easements, and other areas for public or private use.  Linear dimensions are to be given to the nearest 1/10 of a foot.  Shown as required
9. All necessary curve data.  Shown as required
10. The location of all survey monuments and bench marks together with their descriptions.  Shown as required
11. The name of the subdivision, the scale of the plat, points of the compass, and the name of owners or subdivider.  Shown as required
12. The certificate of the surveyor attesting to the accuracy of the survey and the correct location of all monuments shown.  Shown as required
13. Private restrictions and trusteeships and their periods of existence.  Should these restrictions or trusteeships be of such length as to make their lettering on the plat impracticable and thus necessitate the preparation of a separate instrument, reference to such instrument shall be made on the plat.  Shown as required
14. Acknowledgment of the owner or owners to the plat and restrictions, including dedication to public use of all streets, alleys, parks or other open spaces shown thereon, and the granting of easements required.  Shown as required
15. Certificates of approval for endorsement by the city council and certificate indicating its submission to the planning commission, together with approval for endorsement by other local, county and/or state authority as required by Oregon statutes.  Shown as required

Conditions From Preliminary Plat Approval

1. The applicant shall work with and receive certification from the Hermiston Irrigation District.  The applicant should be aware that the City of Hermiston will not sign the final plat until the irrigation district has been satisfied and signs the final plat.  The applicant shall meet this condition of approval
2. Applicant must sign a developer’s agreement and shall install grading, storm drainage, curb and gutter, sidewalks, street paving, and all service utilities for this development.  All improvements for each phase shall comply with city standards and specifications and shall receive final approval from the city engineer.  The applicant has met this condition of approval
3. Applicant shall designate streets on the final plat as follows:
   
   1. Street 1 shall be designated as NW Eucalyptus Drive on the final plat.
   2. Street 2 shall be designated as NW 4th Street on the final plat.
   3. Street 3 shall be assigned a proper name and designated as NW (Proper Name) Drive on the final plat.
   4. Street 4 shall be designated as NW 4th Place on the final plat.
   5. Street 5 shall be assigned a proper name and designated as NW (Proper Name) Court on the final plat.
      Street 5 has been designated as NW Crest View Court as required
4. The applicant shall dedicate easements of at least six feet in width along the side and rear lot lines of all lots for utilities as required by §154.17.  The applicant shall also dedicate an easement of at least 15 feet in width along the front lot lines of all lots for utilities and storm drainage.  The applicant has met this condition of approval
5. Not all corner lots have sufficient width and depth to permit front building lines on both street frontages.  Therefore, the applicant shall limit access for these lots as follows:
   
   1. Lot 150 shall access NW Eucalyptus Drive on the north property line only.
   2. Lot 186 shall access Street 3 only.
   3. Lot 232 shall access NW Dawn Drive only.
      This condition does not apply to this phase
6. Lots 178, 179, 206 and 207 are corner lots which access W Punkin Center Road and a local residential street within the development.  The applicant shall place a notation on the final plat restricting access for these lots to the local street network.  No driveways will be allowed onto W Punkin Center.  This condition does not apply to this phase
7. Lots 191, 192, 193, 213 and 214 are all lots which are serviced by the development’s local street network, but which also have frontage on W Punkin Center Road.  The applicant shall place a notation on the final plat stating that Lots 191, 192, 193, 213 and 214 shall not access W Punkin Center Road.  The surveyor shall add access restrictions for Lots 8 and 9 prior to obtaining city signatures
8. Streetlights must also be installed at the applicant’s cost.  Once installed, the City will assume the monthly service charges.  The applicant has met this condition of approval
9. The applicant shall install infill paving, curb and gutter from the western edge of the development to the existing curb and gutter in the southern half of W Punkin Center Road.  The applicant has met this condition of approval
10. The applicant shall install sidewalk from the western edge of the development to the intersection of W Punkin Center Road and Highway 395.  This condition does not apply to this phase
11. Comprehensive Plan Figure 12 identifies portions of this subdivision as subject to groundwater pollution hazards due to excessively well drained soils.  In accord with §157.101 of the Hermiston Code of Ordinances, the City will prohibit the outdoor storage of hazardous chemicals and underground storage of gasoline and diesel fuels. The applicant shall meet this condition of approval
12. Comprehensive Plan Figure 12 also indicates that portions of the southern half of the subdivision site as an area subject to development hazards due to restrictive founda­tion soils.  In accord with §157.101, the City shall require a registered engineer’s assessment of the design and structural techniques needed to mitigate potential hazards.  The applicant shall meet this condition of approval

Staff Recommendation

Staff has reviewed the final plat and determined it is prepared in accordance with §154.46 of the Hermiston Code of Ordinances.  Staff recommends the planning commission approve the final plat subject to the following conditions:

1. The applicant shall work with and receive certification from the Hermiston Irrigation District.  The applicant should be aware that the City of Hermiston will not sign the final plat until the irrigation district has been satisfied and signs the final plat.
2. The applicant shall limit access to W Punkin Center for Lots 8 and 9 on the final plat.
3. Comprehensive Plan Figure 12 identifies portions of this subdivision as subject to groundwater pollution hazards due to excessively well drained soils.  In accord with §157.101 of the Hermiston Code of Ordinances, the City will prohibit the outdoor storage of hazardous chemicals and underground storage of gasoline and diesel fuels.
4. Comprehensive Plan Figure 12 also indicates that portions of the southern half of the subdivision site as an area subject to development hazards due to restrictive founda­tion soils.  In accord with §157.101, the City shall require a registered engineer’s assessment of the design and structural techniques needed to mitigate potential hazards.

Chairman Saylor asked for a motion.  Commissioner Ferguson moved and Commissioner Rebman seconded the motion to approve the final plat subject to the conditions as written in the staff report.  Motion passed.

Planner Comments and Unscheduled Communications

City Planner Spencer distributed a draft copy of a revised vision statement.  Multiple changes were suggested such as removing specific words and reducing the vision statement down to one sentence.  City Planner Spencer decided to re-work the vision statement and e-mail a draft copy to each of the commissioners.

A brief discussion ensued regarding the proposed change to the Elm Avenue and NW 11th Street intersection.  The proposed reconfiguration was not in agreement with the hospital’s master plan.

There was no further business and the meeting was adjourned at 7:39 pm.