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

Minutes

Commissioner Erz moved to approve the minutes of the September 14, 2011 regular meeting. Commissioner Rebman seconded the motion. The minutes were approved.

New Business

City Planner Spencer stated that Russ Greene submitted an application for a replat of property located at 1036 SE Banker Drive. The property consists of one 42,000 square foot lot which is presently vacant. The applicant proposes to divide the existing lot into two 21,000 square foot lots. The property is zoned Single Family Residential (R-1) and is described as 4N 28 14AB Tax Lot
2700. The property owner is Russell Greene.

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 SE Banker Drive and SE 8th Street which are existing improved streets. At the time a dwelling is constructed on the proposed Lot 2, SE 8th will be brought up to urban standards with curbs and sidewalk to match the existing improvements.

§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:

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

Chapter 157: Zoning

§157.025 Single Family Residential Zone (R-1)

The proposed replat encompasses approximately 42,000 square feet. Parcel 1 is 21,000 square feet and Parcel 2 is 21,000 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.

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 subject to the Hermiston Irrigation District approval.

Public Participation

Mike Kay, 1002 SE Baker Drive, stated that he was against the partition. Russell Greene stated that he will not place a trailer or a manufactured home on the property and that the covenant guidelines will remain intact for each parcel. He plans on selling one parcel to his partner/friend plus build a stick-built house for himself on the other parcel.

David Drotzmann, 935 SE Banker Drive, said that he did not receive a notice but did see the sign posted on the property. Mr. Drotzmann asked the Commission for more time to present an opposing case. Commissioner Erz wondered what the options would be since the replat meets the city's code requirements. Commissioner Rebman asked Mr. Greene if he was okay with a possible continuance. He stated that since he did everything he was suppose to do, he was not in favor of a continuance.

David Drotzmann indicated that there are too few large-lot neighborhoods in Hermiston. Allowing Mr. Greene to divide his lot would open up the opportunity for others to do the same. With four undeveloped lots remaining, that could happen and most of the neighbors do not want Banker Drive to turn into a small-lot area. City Planner Spencer pointed out that six of the lots are less than
21,000 square feet so partitioning Mr. Greene's lot would not change the character of the neighborhood. Commissioner Rebman mentioned that minimum lot size is not addressed in the covenant. City Planner Spencer stated that covenants can be amended.

Mr. Kay insisted that he was not asking for a denial of the replat request; he just wanted more time to prepare since 14 days notice was not enough time.

Dixie Banker, 786 E. Highland Avenue, explained that the idea of the subdivision was to have spacious lots and nice stick-built custom homes. Additionally, the larger lots were the first to sell.

Commissioner Caplinger stated that in the interest of public participation, he could see the benefit of delaying the decision until next month. City Planner Spencer agreed with Commissioner Caplinger but added that based solely on code, a decision could be made tonight.

Commissioner Fialka thought that denying the replat request based solely on covenant guidelines would probably be overturned by LUBA. Commissioner Erz said that the Commission could not base its decision on the covenant.

Chairman Saylor asked for a motion. Commissioner Caplinger moved to continue the decision to allow or not to allow the replat until November 9, 2011. Commissioner Rebman seconded the motion. Motion passed.

Mr. Greene asked what would happen if his neighbors changed the covenants. It was suggested that he speak with an attorney. He was also reminded that the smallest lot in the neighborhood is
16,000 square feet so a minimum lot size could not be larger than that.

Planner Comments and Unscheduled Communications

Boy Scout Troop 603 was in attendance. To obtain the Communication Merit Badge, the Scouts are required to attend a meeting where two or more points of view are expressed. Chairman Saylor explained to the Troop the function of the Planning Commission and how a person becomes a Commissioner.

City Planner Spencer advised the Commissioners that Dutch Bros Coffee was on the agenda for November.

There was no further business and the meeting was adjourned at 7:45 pm.