Planning Commission - Minutes

Wed., Feb. 8, 2017

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


Minutes of the December 14, 2016, regular Planning Commission meeting were approved as amended.  

Hearing-Conditional Use CBDS Hermiston Properties, LLC

David Stroud of CBDS Hermiston Properties, LLC has submitted a conditional use permit application for property located at 975 W Orchard Ave.  The site is described as 4N 28 10CC Tax Lots 802 and 900.  The property is zoned Central Commercial (C-1).   The applicant proposes to convert a medical office building into a pre-school facility.

Chairman Saylor asked if any commissioners had a conflict of interest.  Hearing none, the hearing was opened at 7:02PM.  The reading of the hearing guidelines were waived. 

City Planner Spencer presented the staff report.

There was discussion on the fence height and any requirements for the fence to be sight obscuring.

Chairman Saylor closed the hearing at 7:17PM.

Findings of Fact

The proposal is in conformance with the comprehensive plan and zoning ordinance

1. The proposed use is permitted in the C-1 zone.  Per §157.040(B)(14) a preschool or a day care facility is a conditional use.

The property is adequate in size and shape to accommodate the proposed use, together with all other zoning requirements and any additional conditions imposed by the planning commission

2. The proposed building is situated in such a manner as to comply with all setback requirements.  There is no setback requirement in the C-1 zone, except where abutting a residential zone. The property abuts R-3 residentially zoned land to the south.  The minimum setback of 25 feet is well exceeded from R-3 zoned property with a building setback of approximately 99 feet.

3. The proposed building is less than 50 feet in height as required in the C-1 zone.

4. The proposed building covers approximately 24% of the lot area.  There is no lot coverage requirement in the C-1 zone.

5. Per 157.210(D) of the Hermiston Code of Ordinances, nursery schools shall provide 100 square feet of outdoor play area per child.  The proposal will provide 4,000 square feet of outdoor play area. There is approximately 5,000 square feet of open space available between the existing building and W Orchard Ave. The play areas will be enclosed by a fence.

6. 1.5 parking spaces per teacher are required for preschool facilities.  Ten teachers/staff are proposed, requiring 15 parking spaces.  The applicant proposes to add an additional 11 spaces to complement the existing 46 spaces. The proposed parking spaces are consistent with this requirement.

Public facilities are of adequate size and quality to serve the proposed use.

7. W Orchard Avenue services the property and is presently fully improved to full urban standards.  The city street superintendent has reviewed the proposal and found the driveway approaches adequate.

8. The property is served by municipal water service located in W Orchard Ave.

9. Sanitary sewer service is located in W Orchard Avenue. 

10. All storm water drainage shall be retained on-site.

The proposed use will prove reasonably compatible with surrounding properties.

11. The property is bordered to the west and east by professional office buildings. There is a similar Head Start facility and multi-family housing to the north.  An assisted living facility abuts to the south.

12. The project will provide childcare and learning services to the surrounding neighborhood, especially the multi-family housing north of the site.

Staff Recommendation

Staff recommends the conditional use permit be approved subject to the following conditions:

1. The applicant shall submit a letter of approval from the fire marshal stating that the proposed site plan has been reviewed and all fire related safety measures are approved prior to issuance of a building permit.

2. Bicycle parking shall be provided in accordance with §157.150(L)(4) of the Hermiston Code of Ordinances.

3. All areas for the standing and maneuvering of vehicles shall be paved prior to issuance of a certificate of occupancy.

4. All storm water shall be retained on site.

5. Signage shall be installed in accordance with Chapter 155 of the Hermiston Code of Ordinances.

6. Parking lot and exterior lighting shall be designed not to interfere with adjacent residential uses.

7. The applicant shall work with the Chief of Police to develop a security plan for the new commercial operation.  Such security plan shall be coordinated with the police department and submitted to the planning department for inclusion in the conditional use file prior to issuance of a certificate of occupancy.

8. The applicant shall work with and receive certification from the Hermiston Irrigation District prior to issuance of a building permit.

9. The applicant shall work with City staff to determine the optimum fence height, to be built at least 18 inches from the sidewalk.

Commissioner Flaiz moved and Commissioner Rebman seconded to accept the Findings of Fact as amended.  Motion passed.

Commissioner Rebman moved and Commissioner Hamm seconded to approve the conditional use application with the nine conditions.  Motion passed.

Hearing-Text Amendment

The planning commission is holding a hearing to consider amending the Hermiston Code of Ordinances section 157.041(B).  The proposed amendment would allow mini storage as a conditional use in the C-2 zone. The applicant is Eastern Oregon Development, LLC.

Chairman Saylor asked if any commissioners had a conflict of interest.  Hearing none, the hearing was opened at 7:35PM and read the following guidelines.

a. The applicable substantive criteria relied upon by the City in rendering the decision to amend the zoning text are contained in §157.226 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 that the person believes to 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 provide statements or evidence sufficient 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.

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 and make a recommendation for approval or denial to the city council.

City Planner Spencer presented the staff report.  The differences between a text amendment of the zoning code versus a zone change were discussed. 


Steve Richards 42980 Haney Lane Pendleton OR 97801- Mr. Richards is the applicant.  He stated he appreciated City Planner Spencer’s assistance in helping him with the process.   Mr. Richards presented his findings with a Powerpoint presentation.  The presentation included images of Mr. Richards’ mini storage development in Pendleton and what he proposes to develop in Hermiston.  He feels there is a need for storage units on the west side of town, but no industrially zoned land available. Mr. Richards gave the commissioners a copy of the demand study he hired Mr. Doug Barak to conduct.  Mr. Richards also presented a petition from residents in the area that he felt would be most impacted by a mini storage development on W Highland Ave.  Mr. Richards feels mini storage would help with the nuisance abatement issue.   Mr. Richards reviewed parts of the City’s Comprehensive Plan that he felt supported his application.  When asked if he would be interested in retail fronting the storage units, Mr. Richards responded that the parking requirements could be an issue. 

The option was discussed of creating an overlay zone that would allow mini storage as a conditional use. 

The hearing was closed at 8:43PM.

Findings of Fact

Statewide Planning Goals and Comprehensive Plan Policies.

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 on January 18, 2017 in accordance with §157.226 of the Hermiston Code of Ordinances.

2. The Planning Commission held a public hearing on February 8, 2017 in accordance with §157.226(F).

3. The City Council held a public hearing on March 13, 2017 in accordance with §157.226(F)

Goal 1 and Policy 2.  Planning Process.  The City of Hermiston will monitor and update periodically its comprehensive plan and implementing ordinances to respond to changing conditions.

4. Policy 2 requires the City to annually review development activity and its impacts.

5. The planning commission reviewed the classification of mini-storage as an industrial use and determined the land intensive nature and low employment generation was most similar to passive storage and best suited for industrial areas as currently regulated.

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.

6. The notice of proposed amendment was sent to the Department of Land Conservation and Development on December 29, 2016, more than 35 days prior to the first evidentiary hearing in accord with Oregon Administrative Rules, Chapter 660, Division 18. 

Goal 3 Agricultural Lands. 

7. All storage must be located within one of the city’s industrial zones.  Industrial uses are not permitted on agricultural land.  Farming practices and available arable land are not impacted by the current definitions.

Goal 4 Forest Lands, Goal 15 Willamette River Greenway, Goal 16 Estuarine Resources, Goal 17 Coastal Shorelands, Goal 18 Beaches and Dunes, Goal 19 Ocean Resources.

8. There are no tracts of lands subject to Goals 4, 15, 16, 17, 18, or 19 anywhere within the city limits or UGB.  These goals are not applicable.

Goal 5 Natural Resources, Scenic and Historic Areas, and Open Space, Goal 6 Air, Water and Land Resource Quality, Goal 7 Areas Subject to Natural Hazards, Goal 8 Recreation Needs, Goal 9 Economic Development, Goal 11 Public Facilities and Services, Goal 13 Energy Conservation, Goal 14 Urbanization.

9. The City’s acknowledged comprehensive plan has policies established to for compliance with Goals 5, 6, 7, 8, 9, 11, 13, and 14.  Maintenance of existing definitions will not add new uses in any zone.  No additional findings must be made demonstrating compliance with these Goals.

Goal 9 Economic Development

10. Goal 9 requires the city to provide for a range of industrial and commercial uses and to insure adequate land supply for each type of land use.

11. The addition of mini-storage as a commercial use will negatively impact the city’s overall ability to insure adequate land for retail, service, and professional land uses.  There are currently 309 acres of commercial land available.  In the aggregate, this is a large commercial land supply.  However, the mean parcel size is 1.02 acres.  This small average parcel size creates difficulty in constructing new commercial buildings and providing adequate parking.  The addition of a new commercial land use which does not create significant new employment is not supported in the overall goals of the comprehensive plan.

12. Maintaining mini-storage as an industrial use preserves the city’s vital commercial land for higher value uses.  There are 926 acres of buildable industrial land.  The mean parcel size for industrial parcels is 8.2 acres.  The average size of the mini-storages in existence as of 2017 is 1.5 acres with the largest sitting upon 2.71 acres and the smallest on 0.51 acres.  The industrial land supply is better suited to accommodate this type of land use based upon existing patterns of development.

Goal 12 Transportation and OAR 660, Division 012

13. Mini-storage is a very low trip count generation source. No significant impacts are anticipated from adding mini-storage as a permitted use.  However, the low trip counts generated by mini-storage support the industrial use designation.  The city’s commercial land is located primarily along arterial and collector corridors.  These streets are designed to accommodate higher average daily trips.  Maintaining higher volume commercial uses on arterial and collector streets will allow the city to make better use of existing improvements.  Industrial land which is generally located on local industrial streets is better suited to the low trip counts associated with mini-storage. 

Hermiston Zoning Ordinance §157.226

14. The proposed amendment is a citizen initiated amendment to the zoning ordinance in compliance with §157.226(A).

15. The proposed amendment amends the text of the zoning ordinance, has a widespread impact on the city as a whole, and does not involve an amendment to the zoning map.  Therefore, the proposed amendment is a legislative amendment as defined by §157.226(B)(1) and §157.226(C)(1) and (2). 

16. Based upon Finding #14, the proposed amendment is not a quasi-judicial action and the approval criteria in §157.226(E)(1) are not applicable.

17. Notice of the proposed amendment was provided to the Oregon Department of Land Conservation and Development on December 29, 2016, more than 35 days in advance of the first evidentiary hearing as required by §157.226(F) and modified by ORS 197.610.

18. A notice of public hearing for the planning commission hearing was published on January 18, 2017 and the city council notice was published on February 18, 2017.  Each notice was published in the Hermiston Herald at least 20 days in advance of the hearing as required by §157.229(D).

19. Based upon Finding #14, the proposed amendment is legislative and mailed notice to property owners is not required per §157.229(D). 

Staff Recommendation

Staff recommends that the request to amend the zoning ordinance be denied and the existing classification of mini-storage as an industrial use be maintained.

Commissioner Fialka moved and Commissioner Hamm seconded to adopt the Findings as drafted, renumbered.  Motion passed.

Comissioner Caplinger moved and Commissioner Doherty seconded to recommend denial of the zoning text amendment to the City Council.  Motion passed.  Commissioner Caplinger moved and Commissioner Doherty seconded to recommend the applicant pursue with staff creating an overlay zone for the relevant property. Motion passed.

New Business

Final Plat- CK3 Engineering has submitted a final plat for phase 2 of the Abarim Meadows Subdivision.  The proposed subdivision is located on approximately 0.94 acres of land at the northwest corner of E Main Street and NE 10th Street.  The property is described as 4N 28 11DA Tax Lot 1604. The applicant proposes to create four lots of approximately 9,000 to 10,000 square feet.  The property is zoned Single-family Residential (R-1).   

City Planner Spencer presented the staff report.   Phase 2 of the subdivision includes one lot on E Gladys Ave and three lots on E Main Street.  The applicant has installed and completed all of the required street improvements, including sidewalk and rebuilding of NE 10th Street.

The criteria that are applicable to the decision to accept the final plat are contained in §154.46 of the Hermiston Code of Ordinances.

Chapter 154: Subdivisions

§154.46 Final Plat

Per §154.46 of the Hermiston Code of Ordinances, the final plat shall show:

(A) The boundary lines of the area being subdivided, with accurate distances and bearings.  Shown as required

(B) The lines of all proposed streets and alleys with their width and names.  Shown as required

(C) The accurate outline of any portions of the property intended to be dedicated or granted for public use.  Shown as required

(D) The line of departure of one street from another.  Shown as required

(E) The lines of all adjoining property and the lines of adjoining streets and alleys with their widths and names.  Shown as required

(F) All lot lines together with an identification system for all lots and blocks.  Shown as required

(G) The location of all building lines and easements provided for public use, services or utilities.  Shown as required

(H) All dimensions, both linear and angular, necessary for locating the boundaries of the subdivision, lots, streets, alleys, easements, and other areas for public or private use.  Linear dimensions are to be given to the nearest 1/10 of a foot.  Shown as required

(I)  All necessary curve data.  Shown as required

(J)  The location of all survey monuments and bench marks together with their descriptions.  Shown as required

(K) The name of the subdivision, the scale of the plat, points of the compass, and the name of owners or subdivider.  Shown as required

(L) The certificate of the surveyor attesting to the accuracy of the survey and the correct location of all monuments shown.  Shown as required

(M) Private restrictions and trusteeships and their periods of existence.  Should these restrictions or trusteeships be of such length as to make their lettering on the plat impracticable and thus necessitate the preparation of a separate instrument, reference to such instrument shall be made on the plat.  Shown as required

(N) Acknowledgment of the owner or owners to the plat and restrictions, including dedication to public use of all streets, alleys, parks or other open spaces shown thereon, and the granting of easements required.  Shown as required

(O) Certificates of approval for endorsement by the city council and certificate indicating its submission to the planning commission, together with approval for endorsement by other local, county and/or state authority as required by Oregon statutes.  Shown as required

Conditions from Preliminary Plat Approval

The preliminary plat was approved by the city in January of 2015.  The approval for the subdivision included three approval conditions. 

  1. Applicant must sign an improvement agreement and shall install grading, storm drainage, curb and gutter, sidewalks, infill street paving in E Main Street, and half street paving in NE 10th Street.  All improvements shall comply with city standards and specifications and shall receive final approval from the city engineer.  All improvements are completed and accepted by the city
  1. Applicant shall comply with all provisions of §92.12 of the Hermiston Code of Ordinances (relating to the control of blowing dust) during all phases of construction.  The applicant has met this condition of approval.
  1. Applicant shall work with and receive certification from the Hermiston Irrigation District.  The applicant shall meet this condition of approval.

Staff Recommendation

Staff has reviewed the final plat and determined it is prepared in accordance with all final plat requirements.  The plat is ready for approval.  Staff recommends the planning commission approve the final plat.

Commissioner Caplinger moved and Commissioner Flaiz seconded to approve the final plat.  Motion passed.

Planner Comments and Unscheduled Communications

The City is moving forward with rezoning approximately 40 acres north of Diagonal Blvd (the bus barn area to 10th St).  The property owners are in support of the rezone.

Grant Young, our DLCD representative, passed away after a short battle with cancer. 

The March 8 meeting will be a round-table discussion on Hermiston’s housing needs.

Meeting adjourned at 9:05PM.

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