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

Minutes

Commissioner Erz moved to approve the minutes of the June 8, 2011 regular meeting. Commissioner Rebman seconded the motion.  The minutes were approved.

Unfinished Business

City Planner Spencer stated that Octavio Rodriguez has submitted a minor partition application for property located at the southeast corner of N First Street and Van Arsdale Lane. The applicant owns the property and proposes to divide it to create three new parcels. The proposed partition encompasses approximately 4 acres. Parcel 1 encompasses approximately 0.94 acres, Parcel 2 also encompasses 0.94 acres and Parcel 3 encompasses approximately 2.12 acres. The property is zoned Outlying Commercial (C-2).

All properties within 100 feet of the proposal were provided a direct mailing of the proposal. The planning commission considered the request at the June meeting and decided to continue the consideration based upon testimony from an adjacent property owner questioning the existing and proposed access plan. Staff pursued the planning commission directive and spoke with the district manager for ODOT. Marilyn Holt indicated that although the region engineer had not reviewed the proposal, it was very likely that the existing 20 foot easement would remain and ODOT would approve the new 40 foot access for the two parcels fronting on N First Street.

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

The parcel is adjacent to N First Street. This is a state highway and is improved with full street paving and curbs. When development occurs on Parcels 1 and 2, sidewalk will need to be installed along the N First Street frontage of each parcel.

§154.62 Water Lines.

Municipal water is available to service this partition. In accordance with §157.164(D)(2) of the Hermiston Code of Ordinances, the applicant will be required to extend water when a connection is made at the time of construction.

§154.63 Sanitary Sewer System.

Sanitary sewer service is available to service this partition. In accordance with §157.164(D)(2) of the Hermiston Code of Ordinances, the applicant will be required to extend sewer when a connection is made at the time of construction.

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. There is an existing dedicated 20 foot access easement providing access to private property to the east. This easement is preserved 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.

§157.041 Outlying Commercial Zone (C-2)

Parcel 1 encompasses approximately 0.94 acres. Parcel 2 encompasses approximately 0.94 acres. Parcel 3 encompasses approximately 2.12 acres.  There is no minimum lot size in the C-2 zone. Parcels 1 and 2 have frontage on N First Street. Parcel 3 is provided access by means of a new access easement splitting Parcels 1 and 2.

Cynthia Prewitt, 210 NE Van Arsdale Lane – concerned that the partition would generate too much traffic which would make it extremely hard for her to get in and out of her property. Mrs. Prewitt wants a traffic study performed and a 40 foot easement which she claims is required by ODOT. Otherwise, her second choice would be to extend the second easement all the way to her property. Commissioner Erz wondered how the Prewitts would use that second easement since their property drops off.

Mitch Myers, 145 N. 1st Place – agrees with the Prewitts that a traffic study should be performed just like for other commercial developments.  City Planner Spencer reminded everyone that traffic studies are not done for partitions. Mr. Myers disagreed. Mrs. Prewitt interjected that the property was being divided for commercial use. City Planner Spencer said that ODOT might do a traffic study since ODOT does require a permit. It is the responsibility of the developer to satisfy ODOT regulations.

Commissioner Ferguson wanted to guarantee that the Prewitts property does not become landlocked. City Attorney Luisi advised that a property owner has the right to develop his property according to the zoning rules for that zone. City Planner Spencer confirmed that the partition plat does meet all of the zoning regulations. Commissioner Caplinger stated that whether the partition is approved or not, the Prewitts would maintain the same 20 foot easement access.

Staff Recommendation

Staff has reviewed the proposed partition plat and determined it is prepared in accordance with the Hermiston Code of Ordinances. Staff recommends the planning commission accept 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. Applicant shall obtain all necessary access permits from ODOT for new accesses onto N First Street.

Chairman Saylor asked for a motion. Commissioner Caplinger moved to approve the partition as written. Commissioner Rebman seconded the motion. Motion passed with Commissioners Ferguson and Ottmar abstaining.

HEARING

Hearing/Periodic Review Work Task Adoption

Chairman Saylor announced that the planning commission is holding a hearing to consider the adoption of multiple ordinances amending Chapter 157 of the Hermiston Code of Ordinances as a part of the Periodic Review process.

The work tasks which are completed and proposed for adoption are as follows:

1. Ordinance No. 2175 which creates a new Downtown Commercial overlay zone and designates the boundaries of the zone.
2. Ordinance No. 2176 which amends the comprehensive plan and zoning maps for two tracts of land from Industrial to Commercial.
3. Ordinance No. 2177 which amends the comprehensive plan and zoning ordinance to modify the public involvement procedures, adding new on-site postings for all land use actions, and performing minor housekeeping on the zoning ordinance for compliance with state and federal laws.
4. Ordinance No. 2178 which amends the comprehensive plan policies for commercial development to reflect the findings of the economic opportunities analysis.
5. Ordinance No. 2179 which amends the comprehensive plan policies for residential development to reflect the findings of the residential needs analysis.
6. Ordinance No. 2180 which amends the subdivision and zoning ordinances to allow for a greater variety of housing types as recommended by the residential needs analysis.
7. Ordinance No. 2181 which amends the comprehensive plan to add the economic opportunities analysis, residential needs analysis and buildable land inventory as appendices.

Declaration of Potential Conflict of Interest

Chairman Saylor asked if any commissioner wished to declare a potential conflict of interest. Hearing none, Chairman Saylor opened the hearing at 7:30 pm.

Hearing Guidelines

Chairman Saylor read the following guidelines:

1. The applicable substantive criteria relied upon by the City in rendering the decision to authorize amendments are contained in §157.226(E) 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 Periodic Review Work Task Adoption 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, adopt findings of fact, and make a recommendation to the city council on adoption of the proposed ordinances.

Work Task Adoption Report

City Planner Spencer stated that the city has been working towards completion of periodic review work tasks since September of 2010. The city has been working with Johnson-Reid from Portland on new policies relating to public participation (Goal 1), economic development (Goal 9) and residential development (Goal 10). This work was funded through a periodic review grant from the State of Oregon.

The work tasks which are completed and proposed for adoption are as follows:

1. Ordinance No. 2175 which creates a new Downtown Commercial overlay zone and designates the boundaries of the zone.
2. Ordinance No. 2176 which amends the comprehensive plan and zoning maps for two tracts of land from Industrial to Commercial.
3. Ordinance No. 2177 which amends the comprehensive plan and zoning ordinance to modify the public involvement procedures, adding new on-site postings for all land use actions, and performing minor housekeeping on the zoning ordinance for compliance with state and federal laws.
4. Ordinance No. 2178 which amends the comprehensive plan policies for commercial development to reflect the findings of the economic opportunities analysis.
5. Ordinance No. 2179 which amends the comprehensive plan policies for residential development to reflect the findings of the residential needs analysis.
6. Ordinance No. 2180 which amends the subdivision and zoning ordinances to allow for a greater variety of housing types as recommended by the residential needs analysis.
7. Ordinance No. 2181 which amends the comprehensive plan to add the economic opportunities analysis, residential needs analysis and buildable land inventory as appendices.

Copies of all ordinances and attachments are included with this report.

All of the documents proposed for adoption have been reviewed by the planning commission through several public meetings as well as presented to the general public in an open house on May 17, 2011. The policies and codes have been modified to reflect the comments received at these meetings.

The adoption of all of the proposed work tasks are subject to public hearings. Per §157.232 of the Hermiston Code of Ordinances, where multiple amendments or zone changes are proposed, the hearing and application may be applied for and conducted at one time.

All of the amendments are attached to this report and have been previously presented to the planning commission. It is not necessary to do a lengthy summary of the work tasks in this report. However, findings of fact in support of the amendments are presented here for review by the planning commission.

Findings of Fact – Ordinance No. 2175

Goal 1 and Policy 1. Citizen Involvement. The City will insure that citizens have an adequate opportunity to be involved in all phases of the planning process.

1. Notice of the planning commission hearing was published in the Hermiston Herald at least 20 days prior to the hearing in accordance with §157.226 of the Hermiston Code of Ordinances.
2. Testimony was received as a result of the publication of the notice.
3. The planning commission held a public hearing on July 13, 2011 in accordance with §157.266(F) of the Hermiston Code of Ordinances.
4. The city council held a public hearing on July 25, 2011 in accordance with §157.266(F) of the Hermiston Code of Ordinances.
5. A public workshop was held by the planning commission on May 11, 2011 where testimony was received by the planning commission.
6. An open house was held on May 17, 2011 where the public was invited to attend and review the proposed amendments.
7. A letter of support on behalf of the downtown merchants was submitted to staff and the planning commission supporting the creation of the DCO.

Goal 2 and Policy 3. Intergovernmental Coordination. The City of Hermiston will facilitate intergovernmental coordination so that decisions affecting local, state, and federal planning and development actions in the Hermiston area are rendered in an efficient and consistent manner.

8. The amendment is the result of a periodic review order issued by the Department of Land Conservation and Development and was developed in cooperation with DLCD staff.
9. A notice of public hearing was provided to all affected agencies by direct mail. No comments were received as a result of that mailing.
10. All proposed amendments were sent to the Periodic Review Assistance Team consisting of staff from a variety of state agencies.

Policy 2. Planning Process. The City of Hermiston will monitor and update periodically its comprehensive plan and implementing ordinances to respond to changing conditions.

11. Policy 2 requires the City to monitor the comprehensive plan and periodically undertake major revisions to accommodate the changes in growth patterns and insure adequate buildable land for a 20 year demand.
12. In 2007 the state of Oregon mandated that the city begin a periodic review of the comprehensive plan and land use regulations.
13. City staff and contractors conducted public design workshops for downtown design with downtown merchants in 2008. The results of those workshops were used as the basis of the DCO zone.

Policy 15. Energy Conservation. 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.

14. Creation of the DCO zone allows for residential uses to be built on the upper floors of commercial uses. This will create a mixed use zone where residential users will be within easy walking distance to banking, retail, grocery and restaurant uses. Use of vehicles will not be required to obtain many basic services.

Policy 19. Commercial Development. 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 along outlying highways.

15. The downtown commercial core is a mixed use neighborhood with many legacy single-family dwellings as well as commercial businesses. However, the underlying base zoning is Central Commercial which does not allow single-family dwellings.
16. The downtown commercial overlay is an attempt to remove barriers to redeveloping the existing single-family homes into conforming commercial uses.
17. By allowing multi-family residential on upper floors of commercial buildings, the downtown commercial overlay will retain the existing mixed-use character while increasing the commercial density and creating more pedestrian users.

Policy 20. Housing Availability and Affordability. The City of Hermiston will encourage the home building industry to provide a variety of housing opportunities 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.

18. Creating provisions for housing on upper floors of commercial buildings in the DCO increases the land available for residential uses above and beyond that which is specifically designated for residential uses.
19. The smaller nature of upper story residential units will provide small scale affordable housing.

Testimony:

Don Daggett, 101 E. Main Street – Do any design guidelines exist for awnings? No. Mr. Daggett questioned the use of such words as “should be” as opposed to “must be” within the text of Ordinance No. 2175.

Scott McCallum, 5080 E. Main Street – Currently, we park between and behind the buildings. Would we be able to continue this practice although section F3 of Ord. No.2175 states that practice as a restriction. Per City Planner Spencer, that would only apply to new construction, not to existing buildings.

Mary Corp, 167 E. Main Street – Having a building that has both front and back access, what  would happen with parking? Marti Stiven suggested that on-street parking and municipal lots be used.

Joe Thompson, 582 E. Main Street – Would I be able to count spaces at one of the  municipal lots towards my parking requirement if I were to remodel a neighboring building?
Per City Planning Clint Spencer, no, since business not within 500 feet of a municipal lot. Mr. Thompson stated that as a taxpayer, he should be able to count lot spaces; and that more than just the businesses next to the lots should be able to count those spaces. He went on to say that this “500 foot rule” does not promote development. Commissioner Caplinger asked if there would be any exceptions. City Planner Spencer stated that anyone could apply for a variance. Marty Stiven stated that the intent was to keep people from using side streets for parking by requiring on-site parking along with street parking directly in front of your business.

Mr. Daggett raised a point regarding the building owners who paid for the municipal lots. He  thought that they should be excluded from certain requirements if they choose to do improvements of 50% or more. Their names and the location of their buildings should be added to this ordinance. Mitch Myers asked if anyone had read the LID for the municipal  lots. He stated that all of the parking spots have been allocated.

Grant Young, DLCD Salem – The objective is to make the downtown look different and pedestrian-friendly. Changes can always be made but you have to have a starting point. Chairman Saylor suggested that maybe the area east of 4th should be looked at differently since they have different needs/issues.

Roe Gardner, 201 E. Main Street – The old houses east of 4th along Main Street have front yards so how can you convert since not able to add parking in back. City Planner Spencer stated that a clause should probably be added to address the issue.

Joe Thompson continued to discuss his problem with the frontage and parking  requirements as they apply to the area east of 4th Street. Maybe the overlay should just be for the area west of 4th Street. Marty Stiven reminded him that just changing from
Residential to Commercial does not trigger the implementation of the ordinance regulations unless the 50% improvement value is reached.

Mitch Myers spoke of being heavily invested in Hermiston and that one unintended  consequences of allowing conversion of homes to businesses is that they drive businesses out of downtown. Under financed businesses drive rents down and values down. Same standards must apply and standards should not be lowered to make room for these  businesses.

Chairman Saylor informally polled the commissioners regarding keeping the overlay to 7th Street. Most favored keeping the overlay to 7th Street but with a change in the parking standard for the area east of 4th Street. Commissioner Sheffield pointed out that planning for the future may hurt now, but is definitely necessary for continued growth.

Findings of Fact – Ordinance No. 2176

Goal 1 and Policy 1. Citizen Involvement. The City will insure that citizens have an adequate opportunity to be involved in all phases of the planning process.

1. Notice of the planning commission hearing was published in the Hermiston Herald at least 20 days prior to the hearing in accordance with §157.226 of the Hermiston Code of Ordinances.
2. Testimony was received as a result of the publication of the notice.
3. The planning commission held a public hearing on July 13, 2011 in accordance with §157.266(F) of the Hermiston Code of Ordinances.
4. The city council held a public hearing on July 25, 2011 in accordance with §157.266(F) of the Hermiston Code of Ordinances.
5. A public workshop was held by the planning commission on May 11, 2011 where testimony was received by the planning commission.
6. An open house was held on May 17, 2011 where the public was invited to attend and review the proposed amendments.
7. A letter in support of the proposed zone change was submitted to the planning commission from one of the affected property owners.

Goal 2 and Policy 3. Intergovernmental Coordination. The City of Hermiston will facilitate intergovernmental coordination so that decisions affecting local, state, and federal planning and development actions in the Hermiston area are rendered in an efficient and consistent manner.

8. The amendment is the result of a periodic review order issued by the Department of Land Conservation and Development and was developed in cooperation with DLCD staff.
9. A notice of public hearing was provided to all affected agencies by direct mail. No comments were received as a result of that mailing.
10. All proposed amendments were sent to the Periodic Review Assistance Team consisting of staff from a variety of state agencies.

Policy 2. Planning Process. The City of Hermiston will monitor and update periodically its comprehensive plan and implementing ordinances to respond to changing conditions.

11. Policy 2 requires the City to monitor the comprehensive plan and periodically undertake major revisions to accommodate the changes in growth patterns and insure adequate buildable land for a 20 year demand.
12. In 2007 the state of Oregon mandated that the city begin a periodic review of the comprehensive plan and land use regulations.
13. The land proposed for amendment has been noted as an outdated zone designation by several real estate professionals to city staff. The industrial designation is a legacy designation based upon pre-existing uses which are no longer in operation and surrounding uses have changed since the adoption of the existing map designations.

Policy 15. Energy Conservation. 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.

14. The addition of new commercial land to an existing commercial corridor will allow for more efficient utilization of vehicle trips, minimizing driving distances both in the city and extra territorially.

Policy 19. Commercial Development. 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 along outlying highways.

15. Since the adoption of the current comprehensive plan map in 1983, the nature of the commercial development along N First Street north of E Elm Avenue has significantly changed from a mixed industrial/commercial area to almost exclusively retail commercial. If the large scale industrial parcels were developed at the maximum possible industrial density, the resulting development would not be compatible with the retail nature of the N First Street corridor.
16. There has been significant single-family and multi-family residential development in close proximity to both industrial tracts proposed for amendment. High density industrial development would be incompatible with adjacent residential uses.
17. Anecdotal discussions between several commercial site developers and planning staff have shown that there is a need for large acreage commercial tracts on Highway 395 between E Elm Ave and Punkin Center. With the development of Home Depot and Wal-Mart supercenter in recent years, the existing large acreage lots have been absorbed.

Policy 18. General Industrial Development. The City of Hermiston will facilitate industrial development as a means of creating new jobs and fostering the economic well being of the community.

18. Removal of 55 acres of industrial land from the city’s inventory will not have a negative impact on the overall industrial land supply. With the removal of 55 acres from the overall supply, there are approximately 450 buildable acres remaining.
19. The tracts proposed for removal from the industrial supply are located directly on N First Street and although the highway frontage is adequate for development, the speeds and driveway configuration are unsuited for the truck traffic heavy industrial development will require.

Testimony:

Grant Young, DLCD, 635 Capitol Street NE #150, Salem, expressed his concern that Hermiston has not gone through the necessary process set up by the TSP.

Joe Thompson, 582 E. Main Street – voiced his concern that in order to maintain a viable downtown, the city cannot have anymore box stores like Fred Meyers. He feels that it is the small store owners who contribute to the community.

Commissioner Sheffield wanted to know if there would be any impact on the Industrial inventory if 55 acres were changed to Commercial. City Planner Spencer advised no as 450  buildable acres remain.

Findings of Fact – Ordinance No. 2177

Goal 1 and Policy 1. Citizen Involvement. The City will insure that citizens have an adequate opportunity to be involved in all phases of the planning process.

1. Notice of the planning commission hearing was published in the Hermiston Herald at least 20 days prior to the hearing in accordance with §157.226 of the Hermiston Code of Ordinances.
2. Testimony was received as a result of the publication of the notice.
3. The planning commission held a public hearing on July 13, 2011 in accordance with §157.266(F) of the Hermiston Code of Ordinances.
4. The city council held a public hearing on July 25, 2011 in accordance with §157.266(F) of the Hermiston Code of Ordinances.
5. A public workshop was held by the planning commission on May 11, 2011 where testimony was received by the planning commission.
6. An open house was held on May 17, 2011 where the public was invited to attend and review the proposed amendments.
7. The amended language contained in Ordinance 2177 is designed to increase public awareness of proposed land use actions, thereby increasing public participation in the planning process.

Goal 2 and Policy 3. Intergovernmental Coordination. The City of Hermiston will facilitate intergovernmental coordination so that decisions affecting local, state, and federal planning and development actions in the Hermiston area are rendered in an efficient and consistent manner.

8. The amendment is the result of a periodic review order issued by the Department of Land Conservation and Development and was developed in cooperation with DLCD staff.
9. A notice of public hearing was provided to all affected agencies by direct mail. No comments were received as a result of that mailing.
10. All proposed amendments were sent to the Periodic Review Assistance Team consisting of staff from a variety of state agencies.

Policy 2. Planning Process. The City of Hermiston will monitor and update periodically its comprehensive plan and implementing ordinances to respond to changing conditions.

11. Policy 2 requires the City to monitor the comprehensive plan and periodically undertake major revisions to accommodate the changes in growth patterns and insure adequate buildable land for a 20 year demand.
12. In 2007 the state of Oregon mandated that the city begin a periodic review of the comprehensive plan and land use regulations.
13. Several noticing requirements have been amended by the Oregon legislature and incorporated into ORS 197 governing local government planning. The Hermiston code contains outdated time requirements which must be amended and brought into conformance with the governing ORS.

Findings of Fact – Ordinance No. 2178

Goal 1 and Policy 1. Citizen Involvement. The City will insure that citizens have an adequate opportunity to be involved in all phases of the planning process.

1. Notice of the planning commission hearing was published in the Hermiston Herald at least 20 days prior to the hearing in accordance with §157.226 of the Hermiston Code of Ordinances.
2. Testimony was received as a result of the publication of the notice.
3. The planning commission held a public hearing on July 13, 2011 in accordance with §157.266(F) of the Hermiston Code of Ordinances.
4. The city council held a public hearing on July 25, 2011 in accordance with §157.266(F) of the Hermiston Code of Ordinances.
5. A public workshop was held by the planning commission on May 11, 2011 where testimony was received by the planning commission.
6. An open house was held on May 17, 2011 where the public was invited to attend and review the proposed amendments.

Goal 2 and Policy 3. Intergovernmental Coordination. The City of Hermiston will facilitate intergovernmental coordination so that decisions affecting local, state, and federal planning and development actions in the Hermiston area are rendered in an efficient and consistent manner.

7. The amendment is the result of a periodic review order issued by the Department of Land Conservation and Development and was developed in cooperation with DLCD staff.
8. A notice of public hearing was provided to all affected agencies by direct mail. No comments were received as a result of that mailing.
9. All proposed amendments were sent to the Periodic Review Assistance Team consisting of staff from a variety of state agencies.

Policy 2. Planning Process. The City of Hermiston will monitor and update periodically its comprehensive plan and implementing ordinances to respond to changing conditions.

10. Policy 2 requires the City to monitor the comprehensive plan and periodically undertake major revisions to accommodate the changes in growth patterns and insure adequate buildable land for a 20 year demand.
11. In 2007 the state of Oregon mandated that the city begin a periodic review of the comprehensive plan and land use regulations.
12. The existing comprehensive plan, adopted in 1983 did not contain an economic opportunities analysis as mandated by OAR 660-009-0015. Johnson Reid has prepared an EOA which has been determined by DLCD to be in compliance with the governing OAR.
13. The existing comprehensive plan did not contain an inventory of buildable commercial land. Johnson Reid has prepared an inventory of vacant and buildable commercial and residential lands.

Policy 19. Commercial Development. 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 along outlying highways.

14. The economic opportunities analysis and commercial land inventory prepared by Johnson Reid demonstrate the analyzed need for commercial land over the 20 year planning horizon.
15. According to the land inventory and EOA, the city will require between 94 acres in a low growth scenario and 237 acres in a high growth scenario.
16. The city has approximately 501 acres of commercial and industrial land available to meet the 20 year demand.

Policy 18. General Industrial Development. The City of Hermiston will facilitate industrial development as a means of creating new jobs and fostering the economic well being of the community.

17. The economic opportunities analysis and commercial land inventory prepared by Johnson Reid demonstrate the analyzed need for industrial land over the 20 year planning horizon.
18. According to the land inventory and EOA, the city will require between 94 acres in a low growth scenario and 237 acres in a high growth scenario.
19. The city has approximately 501 acres of commercial and industrial land available to meet the 20 year demand.

Findings of Fact – Ordinance No. 2179

Goal 1 and Policy 1. Citizen Involvement. The City will insure that citizens have an adequate opportunity to be involved in all phases of the planning process.

1. Notice of the planning commission hearing was published in the Hermiston Herald at least 20 days prior to the hearing in accordance with §157.226 of the Hermiston Code of Ordinances.
2. Testimony was received as a result of the publication of the notice.
3. The planning commission held a public hearing on July 13, 2011 in accordance with §157.266(F) of the Hermiston Code of Ordinances.
4. The city council held a public hearing on July 25, 2011 in accordance with §157.266(F) of the Hermiston Code of Ordinances.
5. A public workshop was held by the planning commission on May 11, 2011 where testimony was received by the planning commission.
6. An open house was held on May 17, 2011 where the public was invited to attend and review the proposed amendments.

Goal 2 and Policy 3. Intergovernmental Coordination. The City of Hermiston will facilitate intergovernmental coordination so that decisions affecting local, state, and federal planning and development actions in the Hermiston area are rendered in an efficient and consistent manner.

7. The amendment is the result of a periodic review order issued by the Department of Land Conservation and Development and was developed in cooperation with DLCD staff.
8. A notice of public hearing was provided to all affected agencies by direct mail. No comments were received as a result of that mailing.
9. All proposed amendments were sent to the Periodic Review Assistance Team consisting of staff from a variety of state agencies.

Policy 2. Planning Process. The City of Hermiston will monitor and update periodically its comprehensive plan and implementing ordinances to respond to changing conditions.

10. Policy 2 requires the City to monitor the comprehensive plan and periodically undertake major revisions to accommodate the changes in growth patterns and insure adequate buildable land for a 20 year demand.
11. In 2007 the state of Oregon mandated that the city begin a periodic review of the comprehensive plan and land use regulations.
12. The existing comprehensive plan, adopted in 1983 did not contain a residential needs analysis as mandated by OAR 660-008. Johnson Reid has prepared a needs analysis which has been determined by DLCD to be in compliance with the governing OAR.
13. The existing comprehensive plan did not contain an inventory of buildable residential land. Johnson Reid has prepared an inventory of vacant and buildable commercial and residential lands.

Policy 20. Housing Availability and Affordability. The City of Hermiston will encourage the home building industry to provide a variety of housing opportunities 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.

14. The residential needs analysis shows that Hermiston has 1,995 available residential acres which can accommodate approximately 11,000 additional housing units. Over the 20 year planning horizon, land for approximately 3,800 housing units will be needed. The available residential land exceeds the necessary supply.

Findings of Fact – Ordinance No. 2180

Goal 1 and Policy 1. Citizen Involvement. The City will insure that citizens have an adequate opportunity to be involved in all phases of the planning process.

1. Notice of the planning commission hearing was published in the Hermiston Herald at least 20 days prior to the hearing in accordance with §157.226 of the Hermiston Code of Ordinances.
2. Testimony was received as a result of the publication of the notice.
3. The planning commission held a public hearing on July 13, 2011 in accordance with §157.266 (F) of the Hermiston Code of Ordinances.
4. The city council held a public hearing on July 25, 2011 in accordance with §157.266 (F) of the Hermiston Code of Ordinances.
5. A public workshop was held by the planning commission on May 11, 2011 where testimony was received by the planning commission.
6. An open house was held on May 17, 2011 where the public was invited to attend and review the proposed amendments.

Goal 2 and Policy 3. Intergovernmental Coordination. The City of Hermiston will facilitate intergovernmental coordination so that decisions affecting local, state, and federal planning and development actions in the Hermiston area are rendered in an efficient and consistent manner.

7. The amendment is the result of a periodic review order issued by the Department of Land Conservation and Development and was developed in cooperation with DLCD staff.
8. A notice of public hearing was provided to all affected agencies by direct mail. No comments were received as a result of that mailing.
9. All proposed amendments were sent to the Periodic Review Assistance Team consisting of staff from a variety of state agencies.

Policy 2. Planning Process. The City of Hermiston will monitor and update periodically its comprehensive plan and implementing ordinances to respond to changing conditions.

10. Policy 2 requires the City to monitor the comprehensive plan and periodically undertake major revisions to accommodate the changes in growth patterns and insure adequate buildable land for a 20 year demand.
11. In 2007 the state of Oregon mandated that the city begin a periodic review of the comprehensive plan and land use regulations.

Policy 20. Housing Availability and Affordability. The City of Hermiston will encourage the home building industry to provide a variety of housing opportunities 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.

12. The addition of new provisions for flag lots allows for existing large lot, legacy housing in the residential core to add additional housing stock without costly extensions of public services and will allow unusually shaped lots to utilize unused space for additional development.
13. The addition of new provisions for zero lot line and common wall housing will allow for the creation of smaller individually owned lots while maintaining the underlying density of the zone. The smaller lots will provide an affordable alternative to traditional detached housing development.
14. Policy 20 requires the city to provide land and building opportunities to meet the housing needs of buyers of all income levels. The proposed provisions are designed to create opportunities for affordable housing with low development costs in existing neighborhoods.

Findings of Fact – Ordinance No. 2181

Goal 1 and Policy 1. Citizen Involvement. The City will insure that citizens have an adequate opportunity to be involved in all phases of the planning process.

1. Notice of the planning commission hearing was published in the Hermiston Herald at least 20 days prior to the hearing in accordance with §157.226 of the Hermiston Code of Ordinances.
2. Testimony was received as a result of the publication of the notice.
3. The planning commission held a public hearing on July 13, 2011 in accordance with §157.266(F) of the Hermiston Code of Ordinances.
4. The city council held a public hearing on July 25, 2011 in accordance with §157.266(F) of the Hermiston Code of Ordinances.
5. A public workshop was held by the planning commission on May 11, 2011 where testimony was received by the planning commission.
6. An open house was held on May 17, 2011 where the public was invited to attend and review the proposed amendments.

Goal 2 and Policy 3. Intergovernmental Coordination. The City of Hermiston will facilitate intergovernmental coordination so that decisions affecting local, state, and federal planning and development actions in the Hermiston area are rendered in an efficient and consistent manner.

7. The amendment is the result of a periodic review order issued by the Department of Land Conservation and Development and was developed in cooperation with DLCD staff.
8. A notice of public hearing was provided to all affected agencies by direct mail. No comments were received as a result of that mailing.
9. All proposed amendments were sent to the Periodic Review Assistance Team consisting of staff from a variety of state agencies.

Policy 2. Planning Process. The City of Hermiston will monitor and update periodically its comprehensive plan and implementing ordinances to respond to changing conditions.

10. Policy 2 requires the City to monitor the comprehensive plan and periodically undertake major revisions to accommodate the changes in growth patterns and insure adequate buildable land for a 20 year demand.
11. In 2007 the state of Oregon mandated that the city begin a periodic review of the comprehensive plan and land use regulations.
12. The existing comprehensive plan, adopted in 1983 did not contain an economic opportunities analysis or residential needs analysis as mandated by OAR 660-009-0015 and OAR 660-008 respectively. Johnson Reid has prepared an EOA and residential needs analysis which has been determined by DLCD to be in compliance with the governing OAR.
13. The existing comprehensive plan did not contain an inventory of buildable commercial or residential land. Johnson Reid has prepared an inventory of vacant and buildable commercial and residential lands.

Policy 19. Commercial Development. 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 along outlying highways.

14. The economic opportunities analysis and commercial land inventory prepared by Johnson Reid demonstrate the analyzed need for commercial land over the 20 year planning horizon.
15. According to the land inventory and EOA, the city will require between 94 acres in a low growth scenario and 237 acres in a high growth scenario.
16. The city has approximately 501 acres of commercial and industrial land available to meet the 20 year demand.

Policy 18. General Industrial Development. The City of Hermiston will facilitate industrial development as a means of creating new jobs and fostering the economic well being of the community.

17. The economic opportunities analysis and commercial land inventory prepared by Johnson Reid demonstrate the analyzed need for industrial land over the 20 year planning horizon.
18. According to the land inventory and EOA, the city will require between 94 acres in a low growth scenario and 237 acres in a high growth scenario.
19. The city has approximately 501 acres of commercial and industrial land available to meet the 20 year demand.

Policy 20. Housing Availability and Affordability. The City of Hermiston will encourage the home building industry to provide a variety of housing opportunities 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.

20. Policy 20 requires the city to provide land and building opportunities to meet the housing needs of buyers of all income levels. The proposed provisions are designed to create opportunities for affordable housing with low development costs in existing neighborhoods.

Recommended Planning Commission Action

Staff recommends that the planning commission review the proposed adoption documents for periodic review. Subject to the testimony received at the public hearing, the planning commission may wish to modify the documents and/or direct staff to write additional code language. If the proposed amendments are acceptable as written, staff recommends that the planning commission make a recommendation to the city council that the documents be adopted.

Chairman Saylor asked for a motion. Commissioner Erz moved for a continuance for Ordinance No. 2175 and Ordinance No. 2176 until September 14, 2011. Commissioner Ferguson seconded the motion. Motion passed.

Commissioner Caplinger moved to recommend to the City Council to adopt the proposed ordinance amendments (2177 – 2181) with the addition of a declaration to Ordinance No. 2177. Commissioner Sheffield seconded the motion. Motion passed.

Planner Comments and Unscheduled Communications

City Planner Spencer praised the consultants for their work. He also stated that the next phase would be wetlands and TSD.

Les Schwab is open and HAPO is moving along.

There was no further business and the meeting was adjourned at 9:50 pm.