Planning Commission - Minutes

Date: 
Wed., Apr. 12, 2017

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

Minutes

Minutes of the March 8, 2017, regular Planning Commission meeting were approved as written.

Hearing-Neighborhood Commercial Overlay Zone

Eastern Oregon Development, LLC has submitted an application to create a new zoning district which will allow mini-storage and multi-family housing as a conditional use in a C-2 zone. The property is 8.24 acres of land on the north side of W Highland Avenue and west of SW 11th Street.

Chairman Saylor asked if there were any conflicts of interest. Seeing none, the hearing was opened at 7:03PM. The following hearing guidelines were read:

a. The applicable substantive criteria relied upon by the City in rendering the decision 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 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 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.

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. This hearing is a follow-up from the proposal to amend the text of the C-2 zone to allow mini storage as a conditional use city-wide that was heard at the February meeting. The planning commission did not want to amend the C-2 zone city-wide, but suggested the creation of an overlay zone to include the property the applicant wishes to use for mini storage.

Testimony

Steve Richards, 42980 Haney Lane, Pendleton, OR 97801. Mr. Richards is the applicant. He owns mini storage facilities in Pendleton and Stanfield. He feels there is a need for and a demand exists for mini storage in Hermiston. His facility would be fully paved, fully fenced, have security cameras with license plate recognition, LED lighting, and a small office. Mr. Richards gave a powerpoint presentation to support his application.

Troy White, 785 E Opal Court, Hermiston. Mr. White owns commercial property in the urban growth boundary and supports Mr. Richards’ idea.

Celeste Quinto, Viewcrest Apartments 525 SW 13th Place, Hermiston. Celeste is representing the owners of Viewcrest Apartments. Viewcrest Apartments provides affordable housing for seniors, families, single parents and children in the low to medium income range. They feel the addition of a commercial self-storage facility in the area will negatively impact the community and residents. The traffic on SW 13th and loitering at such facilities raises concerns for them. The 50 storage units located on the apartment property are available to lease for residents and non-residents.

Patsy Stocking, 1060 W Highland Ave, Hermiston. Ms. Stocking stated that traffic has increased an incredible amount since purchasing the property in 2000. She objects to the proposal. She doesn’t want to see more commercial in a densely populated area.

Tami Wolfe, 1060 W Highland Ave, Hermiston. Ms. Wolfe is concerned about the increase in traffic. The questions presented in her letter have been answered.

Mr. Richards stated that the 2012 TSP shows the average daily traffic count was 16,000 trips a day at this intersection. The storage unit facility he is proposing will add approximately 24 to 30 cars a day. This is less than .2 of one percent of the traffic at that intersection. He has not seen transient issues at his facilities.

Ms. Quinto expressed that multi-family dwelling units in the area will considerably increase traffic.

Dick Arkills, 1040 W Highland Ave, Hermiston. He does not want to see traffic increase, but would like to see the lots developed. Mr. Arkills stated he is not really for it or against it, he came to find out what was going on.

Mr. Richards said the property sellers have stated there has not been a high demand for the property. Many residents he spoke with mentioned they were tired of the dust from the vacant lots.

City Planner Spencer discussed the difference between conditional uses and permitted uses. Permitted uses are an administrative decision reviewed by the City Planner and the Building Official. Conditional uses come before the Planning Commission and there is a much higher standard of review.

Commissioners discussed the addition of multi-family as a conditional use. The conditional use permit process allows each case to be reviewed.

Chairman Saylor closed the hearing at 8:00PM.

A recess was called at 8:01PM. The meeting reconvened at 8:04PM.

Findings of Fact

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 in accordance with §157.226 of the Hermiston Code of Ordinances.
  2. The planning commission held a public hearing on April 12, 2017 in accordance with §157.266(F) of the Hermiston Code of Ordinances. Testimony in support and opposition was received by the planning commission.
  3. The city council held a public hearing on April 24, 2017 in accordance with §157.266(F) of the Hermiston Code of Ordinances.

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.

  1. A notice of public hearing was provided to all affected agencies by direct mail. No comments were received as a result of that mailing.

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

  1. Policy 2 requires the City to monitor the comprehensive plan and periodically undertake major revisions to accommodate the changes in growth patterns and insure adequate buildable land for a 20-year demand.

Policy 18. General Industrial Development. The City of Hermiston will facilitate industrial development as a means of creating new jobs and fostering the economic well-being of the community.

  1. Warehousing and storage is a targeted industrial use in the Hermiston comprehensive plan. The inclusion of mini-storage in this new zone will create additional areas for the provision of warehousing services.
  1. The inclusion of mini-storage as a use contributes to the overall diversification of the commercial and industrial services available to the community.

Policy 19. Commercial Development. The City of Hermiston will assure the availability of a sufficient supply of commercial land to accommodate 20-year projected need and strive to achieve the balanced distribution of commercial activities in neighborhoods, downtown and along outlying highways.

  1. The area around the proposed rezone area is a mixed use neighborhood with many single-family dwellings, churches, RV parks, and commercial businesses.
  2. The neighborhood commercial overlay is an attempt to stimulate development in a commercial area which is vacant and has not developed commercially.
  3. By adding multi-family and mini-storage, the overlay will retain the existing mixed-use character while increasing the overall density and creating more pedestrian users.
  4. Policy 19 requires a balanced distribution of commercial services and the addition of mini-storage in this zone will assist in the provision of a diverse commercial base.
  5. The creation of the new zoning designation will continue the city’s policy of providing adequate commercial property on outlying highways to accommodate auto-oriented businesses.

Policy 21. Housing Availability and Affordability. 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. Provision of an adequate supply of housing for low and moderate income families is a top priority.

  1. Adding multi-family to this overlay zone creates more land available for residential use in an area close to existing commercial uses.

Policy 22. Neighborhood Quality. The City of Hermiston will protect and enhance the quality of life in residential neighborhoods.

  1. Inclusion of mini-storage in the neighborhood commercial overlay will enhance the quality of life in proximate neighborhoods through the creation of new off-street storage areas for recreational vehicles, reducing the need to park on streets and in yards of neighboring residential areas.
  1. Mini-storage is a use which generates significantly fewer trips than other commercial uses. Inclusion of mini-storage as a use in the neighborhood commercial overlay creates the potential for commercial development which has a lower impact on the surrounding neighborhood.

Commissioner Caplinger moved and Commissioner Hamm seconded to approve the findings with the amendment to #2. Motion passed. Commissioner Caplinger moved and Commissioner Flaiz seconded to recommend the City Council adopt the Neighborhood Commercial Overlay Zone, with semi colons added. Motion passed.

New Business

William and Mary Cole have submitted an application for a replat of property located at 2315 S Highway 395. The property is approximately 2.69 acres and is presently vacant. The proposal will reconfigure the two existing lots into one lot. No new lots will be created as a result of the replat. The replat is proposed to ease tax and building code requirements associated with expanding the existing EZ Storage facility located adjacent to the site. The property described as 4N 28 24BA Tax Lots 303 and 304 is zoned Outlying Commercial/Light Industrial (C-2/M-1).

Chapter 154: Subdivisions

Design Standards

§154.15 Relation to Adjoining Street System.

The property is bordered by a Highway 395 frontage road. ODOT has reviewed the existing frontage road and the city and ODOT will require the road to be paved adjacent to the property at the time of development. The developer has signed an agreement with the city agreeing to these required improvements.

§154.16 Street and Alley Width.

The property is served by a frontage road which is part of the Highway 395 right-of-way. The road is maintained by the city and owned by ODOT. All work in the right-of-way is coordinated with both agencies. The road is adequate in width to service all uses on the property and will be improved as part of construction.

§154.17 Easements.

There are several existing and proposed easements on the property. The easements are not shown on the plat but the surveyor has described them and preserved them in the surveyor’s narrative. The easement requirements are satisfied.

§154.18 Blocks.

The property sits at the intersection point of the frontage road and Highway 395. No additional block access is required.

§154.19 Lots.

All of the proposed lots are at least 60 feet wide and 80 feet deep. The lot will provide an adequate building site properly related to the surrounding topography.

§154.20 Character of Development.

The property is presently vacant. The applicant has submitted for building permits to construct mini-storage on the site.

§154.21 Parks, School Sites and the Like.

The comprehensive plan and parks master plan do not indicate a need for any parks or schools in the vicinity of the proposed development.

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 area is serviced by an existing dedicated right-of-way which will be improved with paving as part of development. At the request of ODOT, installation of sidewalks will be deferred until ODOT is prepared to address all intersection design and maintenance issues related to the frontage road. The city and ODOT have entered into an agreement with the developer relating to the deferral of sidewalks.

§154.62 Water Lines.

Water is not available to the site but does exist in the frontage road. Mini-storage does not require water service and no extension or connection is proposed.

§154.63 Sanitary Sewer System.

Sewer is not available to the site but does exist in the frontage road. Mini-storage does not require sewer service and no extension or connection is proposed.

Preliminary Plat

Staff has reviewed the preliminary plat and determined the plat is prepared in accordance with §154.35(B) of the Hermiston Code of Ordinances.

Chapter 157: Zoning

§157.041 Outlying Commercial Zone (C-2)/ §157.055 Light Industrial Zone (M-1)

There is no minimum or maximum lot size in this zone. The parcel is 2.6 acres

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.

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

New Business

CasitaKits.com has submitted an application for a replat of property located at 1855 NE North St. The property is approximately 0.53 acres and is presently vacant. The proposal will reconfigure four existing lots into one lot. No new lots will be created as a result of the replat. The replat is proposed to facilitate development of multi-family housing on the site. The property described as 4N 28 02CB Tax Lots 2100, 2101, 2200, and 2300 and is zoned Multi-Structure Residential (R-4).

Chapter 154: Subdivisions

Design Standards

§154.15 Relation to Adjoining Street System.

The property sits at the southwest corner of NE North Street and E Theater Lane. No additional streets are necessary or proposed for the development.

§154.16 Street and Alley Width.

The property is fronted by NE North Street and E Theater Lane. Each street is at least 50 feet in width. The street and alley width requirements are satisfied.

§154.17 Easements.

There are several existing easements on the property. The easements are not shown on the plat but the surveyor has described them and preserved them in the surveyor’s narrative. The easement requirements are satisfied.

§154.18 Blocks.

The property sits at the intersection point of NE North Street and E Theater Lane. No additional block access is required.

§154.19 Lots.

All of the proposed lots are at least 60 feet wide and 80 feet deep. The lot will provide an adequate building site properly related to the surrounding topography.

§154.20 Character of Development.

The property is presently vacant. The applicant has submitted for and received site plan approval to construct multi-family on the site.

§154.21 Parks, School Sites and the Like.

The comprehensive plan and parks master plan do not indicate a need for any parks or schools in the vicinity of the proposed development.

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 property is adjacent to NE North Street and E Theater Lane. Both streets will be improved with infill paving, curb, drainage, and sidewalks as a condition of site plan approval.

§154.62 Water Lines.

Water is available in E Theater Lane. The development will be connected to the existing water service.

§154.63 Sanitary Sewer System.

Sewer is available in E Theater Lane. The development will be connected to the existing sewer service.

Preliminary Plat

Staff has reviewed the preliminary plat and determined the plat is prepared in accordance with §154.35(B) of the Hermiston Code of Ordinances.

Chapter 157: Zoning

§157.028 Multi-Structure Residential Zone (R-4)

The proposed parcel is 0.56 acres. The minimum lot size in the R-4 zone is 6,000 square feet or 0.13 acres. The minimum lot size requirement is met. The lot exceeds the minimum lot depth of 80 feet and the minimum lot width of 60 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 replat.

  1. Applicant shall work with and receive certification from the Hermiston Irrigation District.
  2. The E Theater Lane and NE North Street frontages of the entire development shall be improved with infill paving, curb, drainage improvements, and sidewalk. Design of all improvements shall be approved by the city engineer.

Commissioner Rebman moved and Commissioner Caplinger seconded to approve the replat subject to the two conditions. Motion passed.

Unfinished Business

Commissioners provided feedback on the discussion of housing needs held at the March 8 Planning Commission meeting. Creative financing needs to be considered for the payment of infrastructure. Lot size and setback requirements can be lessened through amendments to the zoning ordinance. Commissioners want to move forward with a plan. A proposal is to insert code into the zoning ordinance of an infill process. This process would be similar to the variance and non-conforming use processes. The Planning Commission would hold work sessions for the code amendments. There would be public hearing processes with both the Planning Commission and the City Council.

Commissioner Rebman moved and Commissioner Caplinger seconded to move forward with infill code zoning amendments for lot size, lot coverage, setbacks, and to encourage public infrastructure working cooperatively with the development community in getting the needed infrastructure put in. Motion passed.

Planner Comments and Unscheduled Communications

City Planner Spencer shared a bill that failed in committee at the state legislature. If a city less than 25,000 received an application for development that contained affordable housing, the city had to move it to the front of the line and approve it regardless of compliance with local comprehensive plan and land use regulations.

There was also a bill that did not pass that would have changed the makeup of urban renewal boards.

The county Board of Commissioners is holding a hearing on April 26 to discuss the renaming of E Airport Rd.

Meeting adjourned at 8:45PM.


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