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

Minutes

Commissioner Rebman moved to approve the minutes of the December 8, 2010 regular meeting. Commissioner Erz seconded the motion.  Commissioner Erz moved to approve the minutes of the January 18, 2011 work session.  Commissioner Rebman seconded the motion. Both sets of minutes were approved unanimously.

NEW BUSINESS

A. Replat/Tax Lots 21900, 22000, and 22100 of Desert Oaks/Lisa Pedersen-Desert Oaks LLC

City Planner Spencer stated that Lisa Pederson has submitted an application for a replat of property located at 1127 W Joseph Avenue and 1105 and 1117 SW Desert Oaks Drive.  The property consists of three 6,000 square foot lots which contains single family dwelling and one carport.  The property is zoned Multi-Structure Residential (R-4) and is described as 4N 28 16AD Tax Lots 21900, 22000 and 22100.  The property owner is Desert Oaks LLC.

The intent of the replat is to combine the three lots into two larger lots.  This will result in an increase in lot size from 6,000 square feet for three lots to 9,000 and 12,000 for two lots.  No construction is proposed for 1127 W Joseph Avenue at this time.

Desert Oaks was originally a manufactured home park which was subdivided under the provisions of ORS 92.835 in 2007.  Under the provisions of ORS 92.835, the number of lots cannot be reduced in a subdivided manufactured home park unless the lots proposed for elimination have never been occupied by a manufactured dwelling.  In the case of the proposed replat, Lot 60 has never been used and will be eliminated.  This portion of the proposal is in conformance with ORS 92.835.

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 §157.028 of the Hermiston Code of Ordinances.

Chapter 154: Subdivisions

Design Standards

The proposed replat 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 Joseph Avenue and SW Desert Oaks Drive which are existing improved streets.  There will be no additional improvements required for either street.

§154.62 Water Lines. 

Both lots are served by existing water lines.

§154.63 Sanitary Sewer System. 

Both lots are served by existing sanitary sewer lines.

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

§157.028 Multi-Structure Residential (R-4)

The proposed replat encompasses approximately 21,000 square feet.  Parcel 1 is 9,000 square feet and Parcel 2 is 12,000 square feet.  Both parcels exceed the minimum lot size of 6,000 square feet in the R-4 zone.  Additionally, both parcels exceed the minimum lot width of 60 feet and the minimum lot depth of 80 feet.

Commissioner Erz verified that if the lot to be divided had been occupied then the applicants would not be able to obtain the replat.

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 replat.

Commissioner Ferguson moved to approve the final replat.  Commissioner Quick seconded the motion.  Motion passed unanimously.

B. Replat/Tax Lots 13100, 13200, and13300, Block 2 of Linda Estates II/ Anderson-Owens

City Planner Spencer stated that George Anderson has submitted an application for a replat of property located at 625 and 665 W Division Avenue.  The property consists of three 9,900 square foot lots which contain two single family dwellings.  The property is zoned Single Family Residential (R-1) and is described as 4N 28 15AB Tax Lot 13100, 13200 and 13300.  The property owners are George and Karen Anderson and Brian and Carolyn Owens.

The intent of the replat is to eliminate the vacant lot separating the two dwellings.  One half of each lot will then be combined with the adjacent residence.  This will result in additional building area for creation of a new structure on 665 W Division and on 625 W Division – both being garages.

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 §157.025 of the Hermiston Code of Ordinances.

Chapter 154: Subdivisions

Design Standards

The proposed replat 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 Division Avenue and SW 6th Street which are existing improved streets.  There will be no additional improvements required for either street.

§154.62 Water Lines. 

Both lots are served by existing municipal water lines.

§154.63 Sanitary Sewer System. 

Both lots are served by existing municipal sanitary sewer lines.

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

§157.025 Single Family Residential Zone (R-1)

The proposed replat encompasses approximately 31,000 square feet.  Parcel 1 is 14,3050 square feet and Parcel 2 is 17,033 square feet.  Both parcels exceed the minimum lot size of 9,000 square feet in the R-1 zone.  Additionally, both parcels exceed the minimum lot width of 60 feet and the minimum lot depth of 80 feet.

Commissioner Sheffield verified that the 12 foot easement along the corner lot would be vacated.
George Anderson stated that his plan is to build a two-car garage identical to his existing garage and that he owns the middle lot which will be divided with the Owens.

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 replat.

Commissioner Quick moved to approve the final plat.  Commissioner Sheffield seconded the motion.  Motion passed unanimously.

Planner Comments and Unscheduled Communications

City Planner Spencer stated that they are now accepting bids for the booster station project.  The goal is to create a higher water flow for the new Armand Larive Middle School.

New Hope Church is in the process of boring under Highway 395 to obtain water and sewer line connections.

City Planner Spencer proposed a code amendment for replats that consolidate lots.  Instead of presenting before the Planning Commission, use an administrative process like the one used for property line adjustments or site plan approvals.  This would reduce approval time by weeks.

Chairman Saylor advised the group that BMCC construction is on schedule.

Commissioner Ferguson stated that in his opinion, shooting ranges in Morrow County are not very well regulated.  The only thing separating the range from the Depot is a 12 foot berm.  Cities and counties are specifically prohibited from passing regulations governing noise coming from shooting ranges.

Next month, the LDS Church is scheduled for a conditional use hearing.

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