Planning Commission - Minutes

Wed., Jun. 14, 2017

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


Minutes of the May 10, 2017, regular Planning Commission meeting were approved as written.

Hearing-Conditional Use Eastern Oregon Development, LLC

Chairman Saylor asked if any commissioners had a conflict of interest. Hearing none, the hearing was opened at 7:03PM. Chairman Saylor read the following hearing guidelines:

The planning commission is holding a hearing to consider a request for a conditional use permit. The request must be approved by the planning commission subject to the criteria established in §157.208 of the Hermiston Code of Ordinances. Eastern Oregon Development, LLC has submitted a conditional use permit application for property located at 1330 W Highland Ave. The site is described as 4N 28 09DD Tax Lots 800 and 853. The property is zoned Neighborhood Commercial Overlay (NCO). The applicant proposes to construct a mini storage facility.

a. The applicable substantive criteria relied upon by the City in rendering the decision to grant the conditional use permit are contained in §157.208 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 and may render a decision.

City Planner Spencer presented the staff report.


Steve Richards, 42980 Haney Lane Pendleton, OR- Mr. Richards presented a slide of the preliminary site plan. The plan is to build eight single story buildings with a total of approximately 370 units that will vary in size. All units will be drive up units. The last unit is designed for RV storage. The plan allows for an apartment above the office space.

Tamra Mabbott, Umatilla County Planning Director- Ms. Mabbott apologized for the late response. The county’s concern is with the stretch of road (SW 11th St to SW 15th Pl). She said it is excellent news if the city is willing to take ownership of the road. The Joint Management Agreement allows smaller portion of roads to be transferred. The county does not have the equipment to maintain roads that have been improved. Another concern is storm water management. There are federal and state regulations regarding storm water management. The county has an agreement with DEQ for how storm water is managed.

If the City is willing to take ownership of that part of the road, then the county recommendation to change some of the conditions would be irrelevant. Ms. Mabbott suggested that a condition be the county proposed language is not required so long as the City agrees to accept that part of the road. She does not wish to slow down Mr. Richards by continuing the hearing.

Chairman Saylor closed the hearing at 7:25PM.

Findings of Fact

Q1: The proposal is in conformance with the comprehensive plan and zoning ordinance. Explain fully:

1. Mini storage is a Conditional Use permitted in the City of Hermiston newly created Neighborhood Commercial Overlay Zone (NCO) in the C-2 designation.

2. Ministorage is a service driven auto-oriented business which meets the commercial designation provided in the Comprehensive Plan (C.P.). Commercial is identified as “Areas to accommodate retial trade, service, banking, office, and related cultural and governmental uses. Correspondence to C1, Central Commercial, and C2, Outlying Commercial, on the zoning map.” (Page 46)

3. Policy 19 of the C.P. states the City of Hermiston will “…strive to achieve the balanced distribution of commercial activities in neighborhoods, downtown, and along outlaying highways.”

4. Policy 19 of the C.P. also states that “it is also necessary to continue to provide for adequate commercial areas on outlying highways to accommodate auto-oriented uses.” (Page III-21)

5. Policy 20 of the C.P. identifies warehousing as one of its target industry clusters, because of its existing competitive presence in Hermiston and reasonable opportunity for growth and emergence. (Page III-22-23)

6. Policy 23 of the C.P. states “the City of Hermiston will plan for the timely and efficient provision of a full complement of urban services and facilities in all developed and developing areas within the community.” (Page III-34)

7. Policy 31 of the C.P. indicates the City of Hermiston “will establish land uses so as to reduce the need to travel and encourage economic development to provide local jobs which reduce the need to commute.” (Page 40)

8. Policy 33 of the C.P. states “permits in zoning code development of neighborhood shops to facilitate local access on foot and by bicycle.”

9. A conditional use permit was granted for an RV storage facility on South First Street, across from the high school, in 2013 (Similar use provision to conditional uses permitted in C-2 zone).

10. Several storage or service related uses similar to mini storage are already permitted outright or conditionally in the C1 and C2 zones:

  1. Building supply with no outside storage (Outright use #10 in C-1 zone)
  2. Frozen food lockers, retail only (Outright use #32 in C-1 zone)
  3. Parking lot or garage (Outright use #50 in C-1 zone)
  4. Recreational vehicle park (Outright use #10 in C-2 zone)
  5. Public utilities, including water storage tanks (Conditional use in #10 in C-2 zone)

Q2: 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. Explain fully:

1. The site measures 3.25 acres in size. This is sufficient acreage to accommodate the proposed 50,000 plus square foot storage facility, the 1,800 square foot two-story office, and necessary parking. The driveway entrance off West Highland Avenue is in excess of 150 feet from the nearby intersection of Highland Avenue and 13th Place per city requirements. The electronic access gate will sit back off the property boundary in excess of 50 feet to allow for adequate ingress and egress. The 24 to 28-foot-wide alleys will allow sufficient space for emergency vehicles.

2. The layout of the buildings and overall site plan blend well with rectangular shape of the site and the existing topography. The property slopes slightly downward from south to north and from the southwest to the northeast. A drainage swale will be constructed along the north border of the site to accommodate water runoff.

Q3: Public facilities are of adequate size and quality to serve the proposed use. Explain fully:

1. City water and sewer are currently located in West Highland Avenue. The proposed facility will include a single bathroom in the office and one to two water spigots. Overall, it will demand very little in the way of water and sewer service.

2. Mini storage generates significantly less traffic than most commercial uses allowed in this zone. The proposed facility would have a negligible impact on the traffic that already exists along West Highland Ave.

Q4: The proposed use will prove reasonably compatible with the surrounding properties. Explain fully:

1. The surrounding properties include a mix of commercial and residential uses. The proposed storage facility is reasonably compatible with the surrounding uses. These include an RV park, gas station, church, grocery store, retail shops, several single-family dwellings, and a few multi-family apartment complexes.

2. Inclusion of mini storage in the immediate neighborhood will enhance the quality of life in the proximate neighborhoods through the creation of new off-street storage. A storage facility will help with city nuisance issues by providing a convenient location for nearby residents and businesses to store items in fully enclosed units.

3. The vast majority of the facility will be paved. Very little dust and debris will be generated from the site. This compares favorably to the idle ground that currently exists across most of the site.

4. This type of development is very low in noise and light generation. It operates mostly during daylight hours and will use architecturally pleasing downlighting; enough to cover security and public safety.

Staff Recommendation

Staff recommends that 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 at the office 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. This shall include paved driveways and access lanes around each storage unit as well as customer parking for the office.

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 and receive certification from the Hermiston Irrigation District prior to issuance of a building permit.

8. W Highland Ave along the entire southern boundary shall be improved with the following improvements following approval of the design by the city engineer:

  1. Installation and extension of the left turn lane to the western boundary of the development.
  2. Installation of infill paving along the W Highland Ave frontage from the edge of existing pavement to match the existing paving width at the intersection of SW 11th Street and W Highland Ave.
  3. Installation of monolithic curb and gutter per city standard ST-01 along the W Highland Ave frontage.
  4. Installation of sidewalk per city standard ST-11 along the W Highland Ave frontage.
  5. If the city accepts W Highland Ave from SW 11th Street to SW 15th Place then conditions 8 A through D must be satisfied prior to occupancy. If the city is not willing to accept W Highland Ave from SW 11th Street to SW 15th Place then conditions A and B must be satisfied prior to occupancy and C and D must be satisfied through signing of an irrevocable consent agreement.

9. All driveway approaches to W Highland Ave and improvements to W Highland Ave shall receive permits from the Umatilla County Road Department prior to construction.

Comissioner Erz moved and Commissioner Fialka seconded to approve the findings as written. Motion passed unanimously.

Commissioner Erz moved and Commissioner Doherty seconded to amend conditions 8 and 9 of the conditions of approval. Motion passed unanimously.

Commissioner Erz moved and Commissioner Rebman seconded to approve the conditional use permit with the amended conditions of approval. Motion passed unanimously.

New Business

The City of Hermiston has received an application for a replat of property located at 1330 W Highland Ave. The property is approximately 3.25 acres and contains one single-family dwelling. The proposal will combine two existing lots into one new lot. The replat is proposed to facilitate development of a new mini-storage development on the property. The property described as 4N 28 09DD Tax Lots 800 and 853, and is zoned C-2 with a Neighborhood Commercial Overlay.

Chapter 154: Subdivisions

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

Chapter 157: Zoning

§157.043 Neighborhood Commercial Overlay (NCO)

There is no minimum or maximum lot size in this zone. The total area is 3.25 acres and the parcel is more than 60 feet wide and 80 feet deep.

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 replat.

  1. Applicant shall work with and receive certification from the Hermiston Irrigation District.
  2. Infill paving, curb, and sidewalk to match the existing street widths to the west and east are required to be installed in W Highland Ave as a condition of the conditional use permit approved June 14, 2017.

Commissioner Rebman moved and Commissioner Erz seconded to approve the final plat subject to the two conditions as amended. Motion passed unanimously.

Unfinished Business

City Planner Spencer requested commissioners provide feedback on the proposed zoning amendments. The proposed amendments are for residential development standards and code provisions to allow infill development.

Commissioner Doherty suggested the proposed ordinance criteria should need to demonstrate compliance with at least four (not three) of the eligibility standards and that standards numbered 5-7 must be met.

Commissioners considered the consequences of allowing smaller lots with higher lot coverage and the impact it would have on the character of the neighborhood.

Discussing the zoning standards, commissioners felt that 50% lot coverage was too high. Commissioners discussed reducing the minimum lot size for each zone. The new minimums suggested are R-1 8,000, R-2 6,500, R-3, R-4 & RR 5,000 square feet. Several commissioners like the idea of an average lot size for new developments.Commissioner Caplinger inquired if the ordinance could be written that in a particular zone, the lot coverage is 40%, up to 50% with approval from the city.City Planner Spencer replied that this could be written and is similar to the zero lot line code provision. No change to minimum lot width or depth is proposed.The changes proposed to the front yard setback maintains 20 feet for garages.Some options were discussed for allowing covered patios to not be included in the lot coverage.

Meeting adjourned at 8:35PM.

Accessibility Statement - The City of Hermiston is committed to making its electronic and information technologies accessible to individuals with disabilities. We are currently in the process of upgrading our web site to ensure we meet or exceed the World Wide Web Consortium’s (W3C’s) Web Content Accessibility Guidelines (WCAG) 2.0 Level AA and the Web Accessibility Initiative Accessible Rich Internet Applications Suite (WAI-ARIA) 1.0 for web content.

For more information on how to report an issue related to the accessibility or how to file a formal Section 504 or ADA (Title II) complaint about the accessibility of any content on our website, please see our full Accessibility Statement.

Anti-Discrimination Policy - It is a policy of the City of Hermiston that there will be no discrimination or harassment on the grounds of race, color, sex, marital status, religion, national origin, age, sexual orientation, or disability in any educational programs, activities or employment. For more information, visit the Anti-Discrimination Policy page.