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

Minutes

Commissioner Rebman moved to approve the minutes of the March 9, 2011 regular meeting. Commissioner Ferguson seconded the motion.  The minutes were approved. 

Hearing

City Planner Spencer noted that the Watkinds minor land partition had been removed from the agenda.

Hearing/Request for Annexation – 290 E. McKinney Road/Steve and Tamie Watkinds

Chairman Saylor announced the planning commission is holding a hearing to consider a request for annexation of approximately 105,000 square feet of land located at 290 E. McKinney Road.  The property is also described as 4N 28 14CB, Tax Lot 400.  The Watkinds own the property and wish to annex it to the city to connect to municipal sewer services.

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 7:01 pm.

Hearing Guidelines

Chairman Saylor read the following guidelines:

1. The applicable substantive criteria relied upon by the City in rendering the decision to annex the property are contained in §150.05 of the Hermiston Code of Ordinances.
2. Testimony and evidence must be directed toward the criteria described above or other criteria in the comprehensive plan or land use regulations which the person believes apply to the decision.
3. Failure to raise an issue by the close of the record at or following the hearing, in person or by letter, precludes appeal to the Land Use Board of Appeals (LUBA) or the city council based on that issue.
4. Failure to raise an issue with sufficient specificity to afford the decision maker and the parties an opportunity to respond to that issue precludes appeal to LUBA or the city council based on that issue.
5. Failure to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow the local government or its designee to respond to the issue precludes an action for damages in circuit court.
6. Prior to the conclusion of the evidentiary hearing, any participant may request an opportunity to present additional evidence, arguments or testimony regarding the application.  The planning commission shall grant such a request by continuing the public hearing pursuant to ORS 197.763(6)(B) or leaving the record open for additional written evidence, arguments or testimony pursuant to ORS 197.763(6)(C).

For this hearing, the process begins with the staff report, followed by testimony from the applicants and any other supporters of the application.  This will be followed by opponents to the application.  Finally, a rebuttal by the applicant will be allowed.  The public hearing portion of the procedure will then be closed, and the planning commission will consider the information and testimony received, adopt findings of fact, and make a recommendation to the city council on annexation.

Staff Report

Steve Watkinds has submitted a request for annexation of approximately 105,000 square feet of land located at 290 E McKinney Ave.  The property is described as 4N 28 14CB Tax Lot 400.  Steve and Tammy Watkinds own the property and propose to annex it to the city to connect to municipal sewer services prior to constructing a single family residence.  The property lies within the urban portion of the urban growth boundary and has a comprehensive plan map designation of Low Density Residential (L) which corresponds to a Single-Family Residential (R-1) zoning designation.  The applicant proposes to annex the property with an R-1 zoning designation.

According to DEQ guidelines, properties within 300 feet of a municipal sewer line can no longer have septic tanks installed.  Both the wastewater and planning departments recommend that the line be place along E. McKinney Avenue rather than S. 1st Street since there are residences that could benefit from future connections.  Policy dictates that municipal lines be extended to the next property in line.

Applicant/Owners:	Steve and Tammy Watkinds
Property Location:	290 E McKinney Avenue
Existing Use:	The property is presently vacant pasture.
Surrounding Uses:	The property is bounded by residential dwellings to the north, south, west and east.
Comp Plan Designation:	The land proposed for annexation lies within the urban portion of the urban growth boundary and has a Low Density Residential (L) comprehensive plan map designation.
Surrounding Comp Plan Designations:	The land proposed for annexation is bounded by Low Density Residential (L) designated land on all sides.
Existing Zoning:	The land proposed for annexation has a zoning designation of Single-Family Residential (R-1).
Surrounding Zoning:	The land is surrounded by land with a Single-Family Residential (R-1) designation.
Requested Zoning:	Single-Family Residential (R-1).

Criteria

§150.05 of the Hermiston Code of Ordinances establishes the criteria for annexation to the City of Hermiston. 

• The proposal is consistent with all state annexation law requirements.
• The property is contained within the urban portion of the urban growth boundary as identified in the comprehensive plan
• The proposed zoning is consistent with the underlying comprehensive plan land use designation

Proposed Findings

Subject to the comments and considerations of the public hearing, the following draft findings are presented:

Annexation

1. The City has received consent to annexation from the property owner for approximately 105,000 square feet of land.
2. Notice of public hearing was published in the local newspaper for two consecutive weeks prior to the planning commission hearing.  Notices were also posted in four public places in the city for a like period.  No comments or remonstrances have been received at this date as a result of the publication or posting.
3. Affected agencies were notified.  Staff received comments from the Umatilla County Planning Department.
4. A public hearing of the planning commission was held on May 11, 2011.  No comments were received at the hearing.
5. The proposal is consistent with all applicable state annexation requirements.
6. Since the property is contiguous to the existing city limits, the annexation is in accord with Comprehensive Plan Policy 4 which promotes compact urban development within and adjacent to existing urban areas to insure efficient utilization of land resources and facilitates economic provision of urban facilities and services.
7. The annexation is consistent with the requirements of Comprehensive Plan Policy 5 relating to annexation.
8. The property is located within the urban portion of the urban growth boundary (UGB) as identified on the comprehensive plan map.
9. The annexation and existing commercial development are consistent with applicable comprehensive plan policies and map designations.
10. This annexation will not have an adverse impact on the area because it is developed in a similar and compatible manner to adjacent properties.
11. Sewer and water are available to service this property in S First Street.  In accordance with development standards in §157.164(D)(2) of the Hermiston Code of Ordinances, utilities shall be extended in E McKinney Ave at the time of connection.

Zoning Designation

1. The comprehensive plan map designates the area as Low Density Residential.  No error in the plan has been identified in regard to this area.
2. The proposed Single-Family Residential (R-1) zoning designation corresponds with the underlying comprehensive plan designation.

Recommended Planning Commission Action

Staff recommends the findings of fact, as may be amended, be adopted on annexation and zoning designation; and that the planning commission make a recommendation to the city council that the land be annexed with a Single-Family Residential (R-1) zoning designation. 

Hearing no further questions, Chairman Saylor opened the floor for testimony.

Testimony

Proponents: Steve Watkinds; 585 SE 9th Drive, Hermiston – stated that he was the property owner and wants to build a residence and have sewer service.

Opponents: None present.

Hearing no testimony, Chairman Saylor closed the hearing at 7:06 pm.

Commissioner Caplinger asked City Planner Spencer about the email from Umatilla County Planner Tamra Mabbott.  City Planner Spencer explained that the first comment was directed to the proposed partition in regards to access standards.  The second comment related to the ROW of S. 1st Street and including it into the annexation.

Chairman Saylor asked for a motion.  Commissioner Rebman moved and Commissioner Ottmar seconded the motion to accept the findings of fact as written.  Motion passed.  Commissioner Caplinger moved and Commissioner Rebman seconded the motion to recommend annexation to the City Council.  Motion passed.

New Business

Phillip and Marianne Brown have submitted a minor partition application for property located on the north side of E Airport Road.  The applicants own the property and propose to divide it to create two new parcels.  The proposed partition encompasses approximately 36 acres.  Parcel 1 encompasses approximately 5 acres and Parcel 2 encompasses approximately 31 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.  Staff did not receive any objections as a result of that mailing. 

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 E Airport Road.  At this time, this is a county road.  As a condition of approval, the applicant will be required to sign street improvement agreements binding each lot in the partition to participate in future improvements to the road frontage when development occurs in the area.

§154.62 Water Lines. 

Municipal water is not available to service this partition.  Any development will be required to utilize a private well rather than city services.

§154.63 Sanitary Sewer System. 

Sanitary sewer service is not available to service this partition.  Any development will be required to utilize a private septic system for sewage disposal.

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. 
    • 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 5.52 acres.  Parcel 2 encompasses approximately 30.99 acres.  There is no minimum lot size in the C-2 zone.  Each parcel has adequate frontage on Airport Road.

Commissioner Sheffield verified that churches in a commercial zone are outright uses.

Paula Velasco, 1786 Diagonal Blvd, spoke on behalf of the church.  She indicated that they plan to build in the future as they currently do not have any building design plans.  Their current church is located at 715 W. Tamarack Avenue and they also have property on 10th and Main Streets.

Neomi Herretta, 322 E. Bridge Road; current church is now too small and in a residential area.  Need more space for parking and not so close to residential area as not to disturb the neighbors.

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. The applicant shall sign a street improvement agreement for the E Airport Road frontages of each lot.
3. Applicant shall obtain all necessary access permits from the county road department for new accesses onto county roads.

Chairman Saylor asked for a motion.  Commissioner Caplinger moved and Commissioner Fialka seconded the motion to grant the minor land partition subject to the three conditions.  Motion passed.

Unfinished Business - Land use regulation workshop

Introduction

City Planner Spencer began by reiterating what is under review – recommended Goal 9 policies amendments, Goal 10 housing policy amendments such as flag-lot regulations, and code amendments especially for downtown redevelopment. 

Jerry Johnson presented a new Goal 9 Economic Development Policy for review, as follows:

The City of Hermiston supports economic development and job growth which will diversify and strengthen the mix of economic activity in the local marketplace and provide employment opportunities for local residents. 

1. The City will continually strive to strengthen the community’s industry, business, financial,       medical, tourism and retail activities and to capitalize on its comparative advantages in the local and regional marketplace.
2. The City will seek to retain and support the expansion of existing businesses in    Hermiston.

Implementing Actions

• Identify opportunities and incentives to encourage value-adding, family-wage business to      expand or locate in the community.
• Support the retention and attraction of firms with high wage rates relative to all industries, or within their industry classification.
• Identify opportunities and incentives to encourage industry related to the area’s competitive advantages.

A portion of Policy 17 also included new language for review, as follows;

1. The City will maintain an adequate supply of designated commercial land within the City to       provide a full range of goods and services needed by area farmers, and support agriculture-related industries.
2. The City will encourage agriculture-related businesses which add value to agricultural production in the area, including food processing, storing and shipping, and agri-tourism.

All new passages are open for word-smithing.  Policies 18 and 19 were briefly discussed by Jerry Johnson.  Most passages remained unchanged or adopted from the current Comp Plan.

Recommendations for Goal 10 Housing Policies and Code Review were also discussed.  The new language, in italics, presented for review under Policy 20 is as follows;

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.  In support of this goal, the City of Hermiston adopts the following policies:

1. Provision of an adequate supply of housing for low-income and moderate-income households is a top priority.
2. To support the full necessary variety, the City also places a high priority to the provision of sufficient housing opportunities for households at higher income levels.
3. The City will maintain an adequate supply of land to provide for housing types within the City’s residential land use categories consistent with findings from adopted housing needs analysis.
4. The City may identify, through adequate public process, specific areas to become the focus of the redevelopment, and/or infill opportunities (for instance, the Downtown area).
5. The City recognizes the need for housing for senior citizens and other residents of the city with specialized needs, such as physical disabilities.

Under Implementing Actions, action regarding allowance of prefabricated housing is removed.  All other actions were adopted from the Comp Plan. 

Commissioner Sheffield wanted to know if any studies had been done for housing needs in Hermiston.  He stated that it is hard to find a rental house in Hermiston.  Mr. Johnson stated that you can determine what is needed in the housing market but since you are not producing the houses so all you can do is accommodate the housing.  You can allow and encourage rental housing but can not force rental housing. 

Mandates are established to keep cities from “cheating” by restricting low income housing.  Cities are encouraged not to cluster low income in one area; rather spread the housing throughout.  Under the Federal Fair Housing Act Hermiston needs to address housing types not already address, like group homes and special needs homes.

Grant Young added that Hermiston can add policy as long as it is consistent with state and federal laws.  Now is the perfect time to do so while amending the Comp Plan during Periodic Review.

Commissioner Fialka asked for an example for one of the implementing actions under Policy 21 Neighborhood Livability which, in part, stated that small shops can be located within neighborhoods. The example used was a small convenience store.  Grant Young said that it would allow people in the neighborhood to leave the car at home which cuts costs in maintaining connectors.

Jerry Johnson stated that Hermiston has four specific housing issues it seeks to address while updating its development code.  They are as follows;

• Review existing land use implementing ordinances for compliance with federal fair housing act and statewide manufactured housing statues.
• Review existing housing standards to add housing types currently unaddressed in the zoning ordinance.  Housing types to be added include group homes, senior independent living, condos, and zero lot line housing.
• To create a more pedestrian and community friendly landscape, front setbacks for single and two family housing may be reduced if the garage falls behind the front line of the dwelling.
• Amend ordinances to encourage investment and redevelopment in existing neighborhoods.  These amendments may include building height amendments and flag lots.  City Planner Spencer provided the group with a proposed ordinance, §154.19(F) for flag lots.

The consultant team will be working to prepare specific code language for adoption that addresses these issues, as well as any additional issues arising from the findings of the Goal 10 analysis.  The work on the federal fair housing act will be responsive to the recent review completed by the City’s attorney.

Marty Stiven presented her work on code amendments specifically for downtown redevelopment.  On May 4th, the downtown merchants had an opportunity to view the concept plan and to voice opinions.  It was suggested that the redevelopment should extend all the way down Main Street to 7th Street where the Eastside Market is located.  Additionally, mixed use occupancy should be allowed where stores should be able to include housing on upper floors.  Other key themes or objectives derived from the workshop include the following;

• Improve auto, bike, and pedestrian access and safety throughout downtown and provide a comfortable environment for pedestrians.
• Recognize the unique attributes of Hermiston’s downtown, such as alleys and public parking lots.
• Provide adequate parking within downtown area.
• Ensure that future downtown development is of high quality and follows basic downtown design principles.
• Provide incentive to encourage investment and development in the downtown.

The most significant change would be parking rules.  The idea is to relax parking standards in the downtown district only.  If the redeveloped district includes the area from 4th to 7th Streets, then on-street business parking should be allowed since blocks away from public parking lots.  Also, the parking lots can be more efficient by changing the striping and changing the ingress/egress.

Some felt that the district boundary should not be extended to 7th Street due to money constraints by the City and a fear that under financed start-up stores would pop up.  Keeping the boundary at 4th Street would create growth through activity and density.  To protect property values, specifics on what is allowed in the district need to be developed.

Marty Stiven reviewed selected ordinances from §157.040 Central Commercial Zone to §158 Sign Usage to determine the consistency with downtown design objectives.  Some of the proposed design standards additions are as follows;

• Primary entrances shall be protected from weather by either the addition of awning, recessed building entry, or other method as approved.
• Lighting must be provided for building entrances, parking areas, pathways.
• Ground floor windows must be provided along 30% of ground floor street facing elevations.
• Sandwich boards as acceptable signage.

Some of the proposed implementing actions and development requirement changes are as follows;

• Expansion of multiple-family or commercial development costing in excess of 50% of the assessed value of the improvements on the property. (Change from 10% to 50%)
• Requirements in the overlay zone supersede the requirements of the underlying zone if a conflict occurs.

Planner Comments and Unscheduled Communications

No comments or unscheduled communications.

There was no further business and the meeting was adjourned at 9:10 pm.