Commissioner Saylor called the meeting to order at 7:00 PM. Commissioners Caplinger, Rebman, Frederic, Hamm, Doherty, Fialka and Flaiz were present. Commissioner Erz was excused.
Minutes of the August 9, 2017, regular Planning Commission meeting were approved as written.
Hearing-Amendments to Title XV Chapter 157 of the Hermiston Code of Ordinances
The planning commission is holding a hearing to consider amendments to Title XV Chapter 157 of the Hermiston Code of Ordinances. The proposed amendments are the addition of Section 157.215 whch will create a process for designating infill properties and amendments to the lot size, setback and lot coverage standards of the R-1, R-2, R-3, R-4 and RR zones.
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 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 reviewed the staff report. The planning commission is holding a public hearing to consider amendments to the zoning ordinance. The proposed amendments are designed to modify the development standards for residential zones and to create a new path to infill development for existing underdeveloped lots.
Section 157.226 of the Hermiston Code of Ordinances provides the method and criteria necessary for an amendment to the zoning code.
Subject to the comments and considerations of the public hearing, the following findings are presented:
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 August 23, 2017 in accordance with §157.226 of the Hermiston Code of Ordinances.
2. The Planning Commission held a public hearing on September 13, 2017 in accordance with §157.226(F).
3. The City Council held a public hearing on September 25, 2017 in accordance with §157.226(F)
4. The Planning Commission held a workshop on March 8, 2017 soliciting public input on potential improvements to the zoning code.
5. The Planning Commission held a workshop on June 14, 2017 to present potential amendments to the zoning code and solicit public input and potential refinements to the code.
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.
6. The City Council directed planning staff and the Planning Commission to study housing promotion during 2017.
7. The Planning Commission held a workshop on March 8, 2017 to solicit input from parties interested in housing development as to issues facing housing construction and new ways to promote housing.
8. The high cost of land was identified as a factor discouraging housing growth. The proposed amendments are intended to increase the amount of land available for development and make residential construction more economically feasible.
9. The city council directed staff to prepare a code amendments to amend the zoning ordinance on April 24, 2017.
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.
10. The notice of proposed amendments was sent to the Department of Land Conservation and Development on August 8, 2017, more than 35 days prior to the first evidentiary hearing in accord with Oregon Administrative Rules, Chapter 660, Division 18.
Goal 3 Agricultural Lands.
11. Housing, must be located within one of the city’s five residential zones. There are no lands zoned for agricultural use within the city limits or UGB. Farming practices and available arable land will not be impacted by amending the residential code.
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.
12. 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.
13. The City’s acknowledged comprehensive plan has policies established for compliance with Goals 5, 6, 7, 8, 9, 11, 13, and 14. No new uses are being permitted through the amendments. No additional findings must be made demonstrating compliance with these Goals.
Goal 9 Housing
14. Policy 21 of the City’s comprehensive plan establishes that the city may identify properties through a public process which may provide opportunities for redevelopment or infill. The proposed infill code to be added to the city’s zoning code will implement that policy.
15. Policy 20 requires the city to monitor the housing inventory and update both the zoning map and code as necessary. The proposed amendments will allow for a slight increase in overall density within established residential zones, thereby increasing the aggregate supply of buildable land without requiring any map amendments.
Goal 12 Transportation and OAR 660, Division 012
16. The proposed amendments do not permit any new uses. Therefore, no new trips will be created and no transportation facility will be significantly affected as a result of the amendments.
Hermiston Zoning Ordinance §157.226
17. The City Council initiated the proposed amendments to the zoning ordinance by motion on April 24, 2017 in compliance with §157.226(A).
18. The proposed amendments amend 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 amendments are legislative amendments as defined by §157.226(B)(1) and §157.226(C)(1) and (2).
19. Based upon Finding #14, the proposed amendments are not a quasi-judicial action and the approval criteria in §157.226(E)(1) are not applicable.
20. Notice of the proposed amendments was provided to the Oregon Department of Land Conservation and Development on August 8, 2017, more than 35 days in advance of the first evidentiary hearing as required by §157.226(F) and modified by ORS 197.610.
21. A notice of public hearing for the planning commission hearing was published on August 23, 2017 and the city council notice was published on September 6, 2017. Each notice was published in the Hermiston Herald at least 20 days in advance of the hearing as required by §157.229(D).
22. Based upon Finding #17, the proposed amendments are legislative and mailed notice to property owners is not required per §157.229(D).
23. Based upon Findings #17 and #22, the proposed amendments are legislative and do not change either the base zoning of any property nor restrict any uses previously allowed on the property. Therefore, mailed notice to property owners is not required per §157.229(D) or Measure 56 as adopted by the voters of the State of Oregon.
The proposed amendments are the result of a six-month planning process undertaken by the Planning Commission, planning staff, and the general public at large. The proposed ordinances before the planning commission have been vetted by the city’s legal counsel and the general public. The proposed ordinances make small changes to the overall development standards of the city while potentially opening up many smaller parcels to development. Economic forces have led to the demand for smaller lots and larger houses, creating the need for code amendments. Staff recommends that the planning commission recommend to the city council that both ordinances be adopted and incorporated into the city code.
Doug Barak 590 E McKenzie Ave- Mr. Barak inquired how the amendment applies to minimum lot widths. There is no proposed change to minimum lot widths or depths.
Commissioners discussed revisions to the criteria and constraints sections of the infill ordinance, as well as editing changes. There was also discussion regarding the minimum lot size for duplexes in the R-3, R-4 and RR zones.
Chairman Saylor closed the hearing at 7:40PM.
Commissioner Caplinger moved and Commissioner Fialka seconded to adopt the findings as amended. Motion passed unanimously.
Commissioner Fialka moved and Commissioner Hamm seconded to recommend the city council approve the amendments to Title XV Chapter 157 of the Hermiston Code of Ordinances with the changes discussed in the hearing. Motion passed unanimously.
New Business-Preliminary Plat Residential Subdivision at 995 W Gettman Road
Frank Gehring has submitted a preliminary plat for new residential subdivision. The proposed subdivision is located on approximately 13 acres of land located at 995 W Gettman Road. The property is described as 4N 28 15 Tax Lot 701. The applicant proposes to create 46 residential lots each sized between 8,000 and 14,152 square feet. The property is zoned Duplex Residential (R-2).
Chapter 94: Streets and Sidewalks
Two new streets are proposed on the preliminary plat. The applicant proposes to extend the existing SW 9th Street into the development as a cul-de-sac. Although SW 9th Street is a cul-de-sac, there is potential for future extension and the “Street” designation is appropriate in this case rather than “Court.” The applicant proposes to extend the existing SW 10th Street into the development as an S shaped street terminating into a cul-de-sac. The “Street” designation is not appropriate as the street will have a lengthy east/west run. Thus, under the provisions of Chapter 94, a “Drive” designation is most appropriate. The City has a long-standing policy of allowing land developers to choose the names for streets, as long as all street designations are in accordance with the street naming code (Chapter 94 of the Hermiston Code of Ordinances). This new street will be designated as SW (Proper Name) Drive on the final plat.
Chapter 154: Subdivisions
§154.15 Relation to Adjoining Street System.
The proposed subdivision includes an extension of the existing SW 9th Street. The proposed street extension is a cul-de-sac and is aligned with SW 9th Street. The proposed subdivision includes an extension of the existing SW 10th Street. The proposed connection to SW 10th Street aligns with the existing street at the intersection with W Gettman Road and S-curves into a cul-de-sac. This new street will be designated as SW (Proper Name) Drive on the final plat. W Gettman Road is a county road and the new street connections will require county access permits.
§154.16 Street and Alley Width.
All streets have a width of at least 50 feet, which meets the minimum requirement for residential streets. Additionally, the cul-de-sacs have at least a 50-foot radius which meets the minimum requirement for cul-de-sacs. Gettman Road is a county road and designated as a minor collector in the city’s transportation system plan. The existing right-of-way width for Gettman Road is 66 feet. No alleys are proposed as part of the preliminary plat. The street design standards are satisfied.
Easements of 10 feet in width shall be provided along all street frontages. These easements will be designed to accommodate storm drainage, utilities and sidewalks. Easements are not shown on the preliminary plat but will be required on the final plat. Irrigation easements will be required to be shown on the final plat. There is a 20 foot utility easement affecting lots 1,2,3,4,5 and 6. Lots 3 and 4 are flag lots and require a shared access easement. After review by public works staff, the utility easement crossing Lots 5 and 6 to provide sewer and water services to Lots 1, 2, 3, and 4 is not appropriate and does not meet the city’s policy requiring public utilities to be within public right-of-way whenever possible. Therefore, the 20-foot utility easement crossing Lots 1, 2, 3, 4, 5, and 6 shall be abandoned and the water and sewer utilities installed into SW Proper Name Drive to the intersection of Gettman Road and then extended to the west property line of Lot 1 with Lots 1, 2, 3, and 4 receiving utility service from Gettman Road. The flag portion of Lots 3 and 4 shall be protected with a non-exclusive cross access easement allowing each lot to traverse the other lot’s portion of the flag and shall be paved to a width of at least 20 feet.
The new block proposed as part of the subdivision is less than 600 feet in length in compliance with city standards. The cul-de-sacs do not exceed 400 feet in length.
All of the proposed lots exceed the minimum lot size of 7,500 square feet in the R-2 zone. With the exception of lots 5, 7, 26, 27, 28, 29, 32, 33, 34 35, and 46, all of the lots are at least 60 feet wide and 80 feet deep. The lots that are less than 60 feet wide are of sufficient size and shape to meet the minimum street frontage building requirements. Staff recommends the planning commission require the applicant to place a notation on the final plat stating that front building lines are established where lot width is 60 feet or 20 feet in depth whichever is greater for lots 5, 7, 26, 27, 28, 29, 32, 33, 34 35, and 46. All of the proposed corner lots have sufficient width and depth to allow the establishment of front building lines on both street frontages.
Lots 5, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, and 46 are all lots which are serviced by the development’s local street network, but which also have frontage on W Gettman Road. In the interest of preserving the functionality of traffic movements along W Gettman Road, staff recommends the planning commission require the applicant to place a notation on the final plat stating that Lots 5, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, and 46 shall not access W Gettman Road.
§154.20 Character of Development.
Staff understands that the applicant intends to market the subdivision as a single-family development. Uses permitted in the R-2 zone are listed in §157.026 of the Hermiston Code of Ordinances.
§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. However, the school district has constructed two schools in the neighborhood in the last 10 years.
§154.22 Access Management. The two new connections onto W Gettman Road are spaced approximately 590 feet apart. This is well in excess of the 200 feet minimum spacing required by the Hermiston TSP. Additionally, each connection is in alignment with the existing streets to the north.
The preliminary plat contains all of the information required by §154.35 of the Hermiston Code of Ordinances except the following:
1. The preliminary plat does not show the name of the subdivider platting the tract as required by §154.35 (4).
2. The preliminary plat does not contain the names of adjoining subdivisions and the owners of adjoining tracts of land as required by §154.35(5).
The preliminary plat must contain all of the above information unless waived by the planning commission. Staff recommends the planning commission waive the requirement for this information. Staff has obtained the adjoining property owners from the Umatilla County Assessor’s Office and the plans for the proposed public improvements will be submitted by the applicant as a separate document following preliminary plat approval.
Required Minimum Improvements
§154.60 Permanent Markers.
All subdivisions shall be surveyed in accordance with ORS 92.050 through 92.080.
§154.61 General Improvements.
As a condition of approval for the final plat, the city will require the installation of grading, storm drainage, curb and gutter, sidewalks, street paving and all service utilities. As a condition of approval, staff recommends the planning commission require the applicant to install infill paving, curb and gutter from the western edge of the development to the eastern edge of the development on W Gettman Road. All improvements must comply with the Public Works Department standard plans and specifications manual. As a condition of approval, the planning commission shall require the applicant to sign an improvement agreement with the city agreeing to specific development conditions. In lieu of completion of such work, the City may accept a Letter of Credit in an amount and conditions to be specified.
Final design approval of all improvements must be obtained from the city engineer. Streetlights must also be installed at the applicant’s cost. Once installed, the City will assume the monthly service charges.
§154.62 Water Lines.
Each lot is planned for connection to the municipal water supply. Water is available to service the development in SW 9th Street. The applicant will be required to install public water service in the internal street network. Additionally, the public water line must be extended in W Gettman Road to the west and east boundary of the development. Water system extensions and fire hydrant locations must be approved by the city engineer.
§154.63 Sanitary Sewer System.
Each lot is planned for connection to the sanitary sewer system. The sewer layout must be approved by DEQ, the city sewer superintendent and the city engineer. Sewer is available to service the development in SW 9th Street. The applicant will be required to install public sewer lines in the internal street network. Additionally, the public sewer line must also be extended in W Gettman Road to the west and east boundary of the development.
§154.64 Drainage. All necessary facilities shall be installed sufficient to prevent the collection of surface water in any low spot and to maintain any natural water course.
The applicant shall install sidewalks along all street frontages of all lots as required by city standards and the improvement agreement.
The City of Hermiston Transportation System Plan does not call for any bikeways in this vicinity.
Chapter 157: Zoning
§157.026 Duplex Residential Zone (R-2)
All of the proposed lots are created in conformance with the requirements of the R-2 zone. All of the proposed lots exceed the minimum lot size of 7,500 square feet. With the exception of lots 5, 7, 26, 27, 28, 29, 32, 33, 34 35, and 46, all of the lots are at least 60 feet wide and 80 feet deep. The lots that are less than 60 feet wide are of sufficient size and shape to meet the minimum street frontage building requirements.
Staff has reviewed the preliminary plat and recommends the planning commission approve the preliminary plat subject to the following conditions:
1. Applicant shall work with and receive certification from the Hermiston Irrigation District prior to final plat approval. Applicant should be aware that the City of Hermiston will not sign the final plat until the irrigation district has been satisfied and signs the final plat.
2. Applicant must sign an improvement agreement and shall install grading, storm drainage, curb and gutter, sidewalks, street paving, and all service utilities for this development. All improvements from each phase shall comply with city standards and specifications and shall receive final approval from the city engineer.
3. Streetlights shall be installed at the applicant’s cost. Once installed, the City will assume the monthly service charges.
4. 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.
5. The new cul-de-sac aligning with SW 9th Street shall be labeled as SW 9th St on the final plat. The new street that extends from the existing SW 10th Street into the development as an S shaped street terminating into a cul-de-sac shall be designated as SW (Proper Name) Drive on the final plat.
6. Easements of 10 feet in width shall be provided along all street frontages.
7. Public water and sewer lines shall be extended in extended in W Gettman Road to the west and east boundary of the development.
8. Street improvements shall be installed along all street frontages.
9. Preliminary approval shall not be effective unless and until county co-adoption of
Hermiston Ordinance No. 2246.
10. W Gettman Road shall be improved to half-street collector status with infill paving, curb, gutter, sidewalk, and storm drainage from the west property line of Lot 1 to the end of existing paving at SW 9th Street.
11. The south half of W Gettman Road shall be improved to half-street collector status from SW 9th Street to the eastern boundary of Lot 34 plus an additional ten feet of paving on the north side.
12. A notation shall be made on the final plat stating that Lots 5, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, and 46 shall not access W Gettman Road.
13. A notation shall be made on the final plat stating that front building lines are established where lot width is 60 feet or 20 feet in depth whichever is greater for lots 5, 7, 26, 27, 28, 29, 32, 33, 34 35, and 46.
14. The flag portion of Lots 3 and 4 shall be protected with a non-exclusive cross access easement allowing each lot to traverse the other lot’s portion of the flag and shall be paved to a width of at least 20 feet.
15. The 20-foot utility easement crossing Lots 1, 2, 3, 4, 5, and 6 shall be abandoned and the water and sewer utilities installed into SW Proper Name Drive to the intersection of Gettman Road and then extended to the west property line of Lot 1 with Lots 1, 2, 3, and 4 receiving utility service from Gettman Road.
16. New street connections for SW 9th Street and SW 10th Street shall require county access permits. Driveway connections for Lots 1, 2, 3 and 4 shall require county access permits.
17. The flag portion of Lot 17 shall be paved to a width of at least 20 feet.
18. A notation shall be made on the final plat stating that front lot lines for Lots 38 and 46 shall be established on SW Proper Name Drive.
Frank Gehring 79344 Prindle Loop Road- Mr. Gehring is the developer of the proposed Wolf Run Subdivision. He has discussed the staff report and conditions with his engineer and agree with the recommendations. Mr. Gehring would like to pave the flag lots with a wider width than required. He is considering developing Phase III prior to Phase II to help control the dust.
Justin Crowler 210 W Moore Ave- Mr. Crowler asked the existing zone of the property. It was designated Future Residential on the City’s comprehensive plan map. The city amended the map to assign the property with a Low Density Residential designation.
Commissioners amended condition number 16 to include driveway access and added conditions 17 and 18.
Commissioner Caplinger moved and Commissioner Fialka seconded to approve the preliminary plat with the 18 conditions. Motion passed unanimously.
Planner Comments and Unscheduled Communications
The water running down SW 7th St belongs to the Irrigation District.
Meeting adjourned at 8:15PM.