Regular Meeting
Chairman Saylor called the meeting to order at 7:00 p.m. Commissioners Erz, Ferguson, Ottmar, Fialka, and Caplinger were present. Commissioners Rebman, Quick, and Sheffield were absent.
Minutes
Commissioner Erz moved to approve the minutes of the August 11, 2010 regular meeting. Commissioner Fialka seconded the motion; the minutes were approved unanimously.
New Business
Replat/Ron Fear/southwest corner of W. Hermiston Avenue & SW 4th Street
Staff Report
City Planner Spencer stated that Ron Fear has submitted an application for a replat of property located at the southwest corner of W Hermiston Avenue and SW 4th Street. The property consists of one 20,000 square foot lot which contains two structures. The property is zoned Central Commercial (C-1) and is described as 4N 28 10DA Tax Lot 5500 and 4N 28 10DB Tax Lot 7900. Although the property is one lot, it has two tax lots because it stretches over two maps.
The two structures on the property are a multi-tenant retail building and a single-family residence. Although a residence is a non-conforming use in the C-1 zone, the zone makes provision for existing residences. When there are existing residences in the C-1 zone, they may be treated with the same zoning requirements applied to R-3 residential property. In the case of the subject property, the residence sits upon a proposed 6,000 square foot lot in compliance with the minimum lot size for a single-family dwelling in the R-3 zone.
The plat creates two new easements on the site which allow the existing uses to maintain existing land uses while simultaneously allowing the creation of an adequately sized parcel for the residence. One easement will allow the commercial portion to continue utilizing the paved parking area shared with the residence. The other easement will allow the residence to utilize a portion of the commercial lot for lawn and landscape purposes.
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 §157.040 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 W Hermiston Avenue and SW 4th Street which are existing improved streets. There will be no additional improvements required for either street.
§154.62 Water Lines
There is an existing municipal water line serving the site in W Hermiston Avenue.
§154.63 Sanitary Sewer System
There is an existing sanitary sewer line in the alley behind the lots and in SW 4th Street. 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:
(A) The boundary lines of the area being subdivided, with accurate distances and bearings. Shown as required
(B) The lines of all proposed streets and alleys with their width and names. Shown as required
(C) The accurate outline of any portions of the property intended to be dedicated or granted for public use. Shown as required
(D) The line of departure of one street from another. Shown as required
(E) The lines of all adjoining property and the lines of adjoining streets and alleys with their widths and names. Shown as required
(F) All lot lines together with an identification system for all lots and blocks. Shown as required
(G) The location of all building lines and easements provided for public use, services or utilities. Shown as required
(H) 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
(I) All necessary curve data. Shown as required
(J) The location of all survey monuments and bench marks together with their descriptions. Shown as required
(K) 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
(L) The certificate of the surveyor attesting to the accuracy of the survey and the correct location of all monuments shown. Shown as required
(M) 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
(N) 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
(O) 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
§157.040 Central Commercial Zone (C-1)
The proposed partition encompasses approximately 20,000 square feet. There is no minimum lot size in the C-1 zone. Parcel 2 is 6,000 square feet which is the minimum lot size for a single-family dwelling in the R-3 zone. In a C-1 zone, where there are existing dwellings, they must be treated in accordance with R-3 standards.
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 Erz moved and Commissioner Ferguson seconded the motion to approve the final partition plat. Motion passed.
City Planner Spencer advised the group that the final partition plat will be presented to the city council.
Minor Partition/Dad’s Properties LLC/1160 W. Elm Avenue
Staff Report
City Planner Spencer stated that Stratton Surveying has submitted a minor partition for property located 1160 W Elm Ave. Dad’s Properties, LLC owns the property and proposes to divide the property for future commercial development. The proposed partition encompasses approximately 1 acre. Parcel 1 encompasses approximately 24,113 square feet and Parcel 2 encompasses approximately 27,405 square feet. The property is zoned Outlying Commercial (C-2).
The foundation for the new eye clinic has already been poured on Parcel 2.
All properties within 100 feet of the proposal were provided a direct mailing of the proposal. Staff did not receive any objections as a result of that mailing. Staff received comments from the Hermiston Irrigation District. The district’s comments are attached to this report.
The criteria that are applicable to the decision to accept the partition plat are contained in §154.15 through §154.46, §154.60 through §154.66 and §157.041 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
W Elm Avenue is not improved adjacent to this site. It will be a condition of development of parcel 2 to complete street improvements along W Elm Avenue as development occurs.
§154.62 Water Lines
Municipal water is available to each lot of the proposed partition following extension by the developer.
§154.63 Sanitary Sewer System
Sanitary sewer service is available to each lot of the proposed partition following extension by the developer.
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:
(A) The boundary lines of the area being subdivided, with accurate distances and bearings. Shown as required
(B) The lines of all proposed streets and alleys with their width and names. Shown as required
(C) The accurate outline of any portions of the property intended to be dedicated or granted for public use. Shown as required
(D) The line of departure of one street from another Shown as required
(E) The lines of all adjoining property and the lines of adjoining streets and alleys with their widths and names. Shown as required
(F) All lot lines together with an identification system for all lots and blocks. Shown as required
(G) The location of all building lines and easements provided for public use, services or utilities. Shown as required
(H) 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
(I) All necessary curve data. Shown as required
(J) The location of all survey monuments and bench marks together with their descriptions. Shown as required
(K) 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
(L) The certificate of the surveyor attesting to the accuracy of the survey and the correct location of all monuments shown. Shown as required
(M) 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
(N) 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
(O) 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
§157.041 Outlying Commercial Zone (C-2)
The proposed partition encompasses approximately 1 acre. Parcel 1 encompasses approximately 24,113 square feet and Parcel 2 encompasses approximately 27,405 square feet. There is no minimum lot size in the C-2 zone. Uses permitted in the C-2 zone are listed in §157.041 of the Hermiston Code of Ordinances.
§157.150 Access Management
§157.150(G)(3) requires properties which front on collector or arterial streets to share access with neighboring properties. This property fronts on both collectors and arterials. The proposed partition creates access easements allowing all lots to share driveways located approximately 350 feet from the Elm Ave/11th Street interchange. This condition is satisfied.
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 subject to the following conditions:
1. The applicant shall work with and receive certification from the Hermiston Irrigation District prior to plat approval. The city will not sign the final plat until irrigation district certification is received.
2. At such time that development occurs on each parcel, the applicant will be required to construct street improvements to W Elm Avenue as required in the June 3, 2010 approval for the Lifetime Vision Center on Parcel 2.
Commissioner Ferguson raised a concern regarding the intersection at W. Elm Avenue and NW 11th Street. He felt that cars leaving the medical offices would get stuck at the intersection for a very long time. City Planner Spencer stated that ODOT thinks it is a great intersection and does not want it to change. He added that it would take approximately 5 to 7 thousand trips per day before a signal could be added; however, we are not far from that point. A traffic study was performed at the time of the Carpenter project. Commissioner Fialka verified that City Planner Spencer did not think that the medical offices themselves could generate enough traffic to warrant a signal light – it would have to be organic growth.
Commissioner Ottmar asked about water/sewer and if it extended past the property. City Planner Spencer stated that the water/sewer lines are there and extend to the end of the property. Commissioner Erz asked if a stub exists that goes to Parcel 1 or would Parcel 1 connect at the end of the property line. City Planner Spencer stated that there is an internal line that loops between Elm and 11th.
Chairman Saylor asked for a motion. Commissioner Caplinger moved and Commissioner Ferguson seconded the motion to approve the final partition plat subject to the two conditions. Motion passed.
Planner Comments and Unscheduled Communications
City Planner Spencer announced that the meeting in October will be dedicated entirely to Periodic Review and that Marty Stiven will be in attendance.
Commissioner Ferguson brought up the plethora of taco wagons that are all around Hermiston. He wanted to know if standards exist for these wagons like they do for restaurants. Although no city ordinance exists, they are inspected by the health department and by the Fire Marshal. The Code Enforcement Office looks for compliance with the following:
- Being in a commercial zone
- Permission from the property owner
- Located on a hard surface and not on gravel
- Using extra parking space and not the required parking spaces
The taco wagon near Big 5 is outside of the city limits and that is why it can sit on gravel.
There was no further business and the meeting was adjourned at 7:15 pm.