Planning Commission - Minutes

Date: 
Wed., Aug. 9, 2017

Commissioner Saylor called the meeting to order at 7:00 PM. Commissioners Caplinger, Erz, Rebman and Frederic were present. Commissioners Hamm, Doherty, Fialka and Flaiz were excused.

Minutes

Minutes of the July 12, 2017, regular Planning Commission meeting were approved as written.

Hearing-Conversion and Annexation W Gettman Road

The planning commission is holding a hearing to consider an application from Frank W. Gehring Construction, Inc for conversion and annexation of 13.10 acres of land located at 995 W Gettman Road. The property is described at 4N 28 15 Tax Lot 701. Applicant proposes to annex the property with a Duplex Residential (R-2) zoning designation and amend the Comprehensive Plan Map from Future Residential to Low Density Residential.

Chairman Saylor asked if any commissioners had a conflict of interest. Hearing none, the hearing was opened at 7:01PM. The following hearing guidelines were read:

a. The applicable substantive criteria relied upon by the City in rendering the decision to amend the Comprehensive Plan Map and annex the property are contained in §156.08 and §150.05 of the Hermiston Code of Ordinances.

b. 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.

c. 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.

d. 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.

e. 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.

f. 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 conversion and annexation.

Frank Gehring has submitted two applications to the City of Hermiston. One application is to change the comprehensive plan map designation from urbanizable “Future Residential” to urban “Low Density Residential.” The second application is to annex the property into the city with a Duplex Residential (R-2) zoning designation. The planning commission will hold simultaneous hearings on both requests. However, the comprehensive plan map amendment must be forwarded to Umatilla County for co-adoption before the map amendment or annexation may take effect.

The property is located on the south side of W Gettman Road near the intersections with SW 9th Street and SW 10th Street and contains approximately 13 acres of land. The applicant seeks to bring the property into the city for residential development as a single-family subdivision. The property is described as 4N 28 15 Tax Lot 701.

Public notice requirements for the property have been met as follows:

  • Notice of public hearing published in Hermiston Herald on July 19, 2017
  • Notice of proposed land use action posted on property on July 19, 2017
  • Notice of public hearing provided by direct mail to all property owners within 300 feet on July 19, 2017

Applicant:

Frank Gehring Construction Inc

Property Location:

The property is located on the south side of W Gettman Road approximately 300 feet east of SW 1tth Street and intersects SW 9th Street and SW 10th Street.

Existing Use:

The property is presently cultivated for agricultural use.

Surrounding Uses:

The property is adjacent to single family residential uses to the north, west, and east. Agricultural land lies to the south.

Comp Plan Designation:

The land proposed for conversion lies within the urbanizable portion of the urban growth boundary and has a Future Residential comprehensive plan map designation.

Surrounding Comp Plan Designations:

Land to the west and east has a Future Residential comprehensive plan map designation. Land to the south is outside the Hermiston UGB and is designated for farm use. Land to the north is within the urban portion of the urban growth boundary and is designated as low density residential.

Existing Zoning:

The land proposed for conversion has a zoning designation of Future Urban 10-Acre Minimum (FU-10).

Surrounding Zoning:

Land to the north have an R-1 and R-2 zoning designation. Lands to the east and west have a zoning designation of FU-10. Lands to the south are zoned Exclusive Farm Use.

Requested Comp Plan Map Designation and Requested Zoning:

Low Density Residential (L) and Duplex Residential (R-2).

Requirements

§157.226 of the Hermiston Code of Ordinances provides the method and approval criteria for granting or denying an amendment to the zoning map. The proposed amendment has been deemed a quasi-judicial change in that it involves the map and does not have widespread and significant impact beyond the immediate area of the proposed amendment. The following criteria as cited in §157.226(E) must be followed in deciding upon a quasi-judicial proceeding:

  1. The burden in all land use proceedings is upon the applicant, whether a zone change, conditional use or variance is the subject of the hearing.
  1. The requested zone change must be justified by proof that:
  1. The change is in conformance with the comprehensive plan and also the goals and policies of the plan.
  2. The showing of public need for the rezoning and whether that public need is best served by changing the zoning classification on that property under consideration.
  3. The public need is best served by changing the classification of the subject site in question as compared with other available property.
  4. The potential impact upon the area resulting from the change has been considered.
  1. The courts will require a “graduated burden of proof” depending upon the more intensive land use that will occur as a result of the proposed rezoning.
  1. Procedural process for a quasi-judicial hearing:
  1. Parties at a public hearing must have an opportunity to be heard, to present and rebut evidence.
  2. There must be a record which will support the findings made by the city council or planning commission.

Notice of the proposed action for a comprehensive plan map amendment or zoning map amendment shall be submitted to the Department of Land Conservation and Development 35 days prior to the date set for the initial hearing.

After the close of the initial evidentiary hearing, the planning commission shall make findings of fact and recommend to the city council adoption, revision or denial of the proposed amendments. Notice of the hearing before the city council shall be by one publication in the local newspaper. After the close of the public hearing, the city council shall make findings of fact and adopt, adopt with changes, or deny the proposed amendments.

§150.05 of the Hermiston Code of Ordinances provides the requirements for annexations. The requirements for annexations are as follows:

  1. The proposal is in conformance with all applicable state annexation requirements.
  1. The property is contained within the urban portion of the urban growth boundary as identified on the comprehensive plan.
  1. The proposed zoning is consistent with the underlying comprehensive plan designation.
  1. Findings of fact are developed in support or denial of the annexation.
  1. All city services can be readily extended and the property owner is willing to bear costs associated with sewer, water and roads.

Findings of Fact on Conversion

THE CHANGE IS IN CONFORMANCE WITH THE COMPREHENSIVE PLAN AND ALSO THE GOALS AND POLICIES OF THE PLAN

  1. The property is identified as Future Residential on the city’s comprehensive plan map.
  2. Changing the designation from Future Residential to Low Density Residential is consistent with existing plan designation.
  3. The proposed Low Density Residential plan designation will implement the Future Residential Comprehensive Plan designation.
  4. Property to the north is entirely designated as Low Density Residential on the city’s comprehensive plan map.
  5. Property to the west and east is designated as Future Residential on the city’s comprehensive plan map.
  6. Property to the south is not within the city’s urban growth boundary and is developed agriculturally.
  7. Amending the comprehensive plan map designation from Future Residential to Low Density Residential is consistent with the overall comprehensive plan and the pattern of existing neighborhood development.
  8. The city must maintain a balance of residential property. The proposed Low Density Residential designation allows for single-family and duplex dwellings as outright uses and multi-family uses as conditional uses.
  9. The applicant will extend water and sewer services to the property as required by Policy 23 of the Comprehensive Plan and the applicant has applied for annexation as required by said Policy 23.

DESCRIBE THE PUBLIC NEED FOR THE COMPREHENSIVE PLAN AMENDMENT AND WHETHER THAT PUBLIC NEED IS BEST SERVED BY THE CHANGING THE ZONING CLASSIFICATION ON THE PROPERTY UNDER CONSIDERATION

  1. The property lies within the urbanizable portion of the urban growth boundary.
  2. The property designation must be amended from the urbanizable Future Residential designation to the urban Low Density Residential designation in order for annexation and a city zone to be assigned.
  3. Hermiston has documented a shortage of buildable residential land within the city limits at the March 2017 planning commission workshop.
  4. Adding 13 acres of land to the residential inventory will create a public benefit in supplementing the residential inventory and creating additional housing opportunities.

EXPLAIN HOW THE PUBLIC NEED IS BEST SERVED BY CHANGING THE CLASSIFICATION OF THE SITE IN QUESTION AS COMPARED WITH OTHER AVAILABLE PROPERTY

  1. The property is located adjacent to sewer and water services in SW 9th Street.
  2. The proximity of sewer and water adequate to service potential development of the 13 acres of land under consideration is closer and more economically developable than the majority of similar sized parcels within the UGB.
  3. The property is adjacent to city limits on the north side of Gettman Road and east of SW 9th Street.
  4. The property is more readily serviceable by existing city limits than several similar sized urbanizable properties within the UGB.
  5. The property is adjacent to Armand Larive Middle School and within walking distance of Desert View Elementary School making this property a better candidate for residential development than other properties within the UGB that are farther from urban services.

EXPLAIN HOW THE POTENTIAL IMPACT UPON THE AREA RESULTING FROM THE CHANGE HAS BEEN CONSIDERED

  1. The land proposed for conversion will have the same zoning designation as developed lands to the north.
  2. The land will be developed in a low-density manner consistent with the pattern of existing development in the surrounding area to the west, east, and south. As noted, the land to the south is actively farmed and otherwise undeveloped.
  3. W Gettman Road is classified as an urban minor collector.
  4. At the time of property development, the W Gettman Road frontage adjacent to the site will be developed to minor collector standards, including pavement widening, curb, gutter, sidewalk, and drainage improvements.
  5. The property has sufficient width and depth to create an internal circulation plan serviced by an internal street network. New driveway connections to W Gettman Road will be minimized to preserve traffic flow.

Findings of Fact on Annexation

 

1. The City has received consent to annexation from the property owners for approximately 13 acres 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. A notice of public hearing was also physically posted on the property. No comments or remonstrances have been received at this date as a result of the publication or posting.

3. Affected agencies were notified by direct mail.

4. A public hearing of the planning commission was held on August 9, 2017. Testimony in support of the annexation was 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. Following adoption of conversion from urbanizable to urban status by the City of Hermiston and Umatilla County, the property will be located within the urban portion of the urban growth boundary (UGB) as identified on the comprehensive plan map.

9. The annexation and existing residential 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 will be available to service this property following extension by the applicant.

Zoning Designation

  1. Following amendment by the city, the comprehensive plan map will designate the area as Low Density Residential.
  1. The proposed Duplex Residential zone designation corresponds with the underlying Low Density Residential comprehensive plan designation.

Staff Recommendation

Staff recommends that the findings of fact, as may be amended, be adopted. Staff recommends that the planning commission make a recommendation to the city council that the comprehensive plan map amendment be adopted as submitted and the property be annexed with an R-2 zoning designation.

City Planner Spencer stated that an email was received today from the Umatilla County Planning Department requesting the property be bound by an irrevocable consent agreement for Gettman Road improvements should the development not go through.

Testimony

Frank Gehring 79344 Prindle Loop Road- Mr. Gehring applied for R-2 zoning to be able to put more houses on the property. He is planning on having CCR’s in place to restrict duplexes and businesses in the development. Mr. Gehring anticipates the price range of the homes to be sold between $275,000 and $325,000.

Annette Kirkpatrick- 210 SW Angus-Ms. Kirkpatrick lives in the neighborhood north of the proposed development. She has not heard any negative feedback from neighbors. Ms. Kirkpatrick is also representing the Hermiston Irrigation District. The HID will work with Mr. Gehring on fencing and co-existing as the homes will go right up to the federal easement on the canal.

Chairman Saylor closed the hearing at 7:13PM.

Commissioner Erz moved and Commissioner Caplinger seconded to adopt the findings on conversion as written. Motion passed unanimously.

Commissioner Caplinger moved and Commissioner Rebman seconded to recommend the city council approve the comprehensive plan map amendment from Future Residential to Low Density Residential on the condition that the property owner sign an irrevocable consent agreement for street improvements. Motion passed unanimously.

Commissioner Rebman moved and Commissioner Erz seconded to approve the findings on annexation with the change to #4. Motion passed unanimously.

Commissioner Erz moved and Commissioner Caplinger seconded to recommend the city council approve the annexation of the property with a zoning designation of R-2. Motion passed unanimously.

Planner Comments and Unscheduled Communications

City Planner Spencer informed the commissioners that the planning commission will assume the duties of reviewing Hermiston Urban Renewal Agency façade grant applications and making recommendations to the city council.

The September planning meeting will include the residential code amendments hearing.

Charlotte Dack was named realtor of the year. She is the longest practicing realtor in the state.

Meeting adjourned at 7:25PM.


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