LuLu LLC has submitted an application to rezone 6,200 square feet of land approximately 120 feet west of the intersection of SW 11th Street and W Poplar Ave.  The proposal is to amend the comprehensive plan map from Low Density Residential to Commercial and to amend the zoning map from Single-Family Residential to Outlying Commercial.  Should the proposal be approved by the city, the applicant anticipates developing the property commercially in a manner similar to the existing development at 140 SW 11th Street.  The property is owned by Gene Edwards.  The applicant has a purchase agreement on the property and proposes to develop it commercially upon purchase.

The property is currently zoned Single-Family Residential.  There are relatively few uses permitted in the R-1 zone.  Due to the property's small size of 6,200 square feet, use of the property is limited to a single-family dwelling only.  The proposal to amend the property to commercial changes the permitted uses away from residential towards commercial uses.  Uses permitted in the Outlying Commercial zone include:

• Restaurant
• Retail store
• Office
• Medical office
• Automobile sales
• Motel
• Bank
• Event center

The full list of uses permitted can be found in 157.041 of the Hermiston Code of Ordinances.  It is unlikely given the property's small size that the majority of uses permitted in the C-2 zone are feasible.  It is likely the property will develop with a low intensity, small footprint commercial use such as an office.  The city council may wish to inquire about potential tenants during the hearing.

When amending the comprehensive plan to change property from residential to commercial, the city must consider the available supply of both residential and commercial land. The city commissioned a study in 2017 as part of another rezoning project. This study is still valid. The conclusion of the study demonstrated that the city has approximately 40 years of available residential land. The removal of 6,200 square feet, or a single buildable lot, from the residential supply will not affect the city's ability to provide needed housing for the 20-year planning horizon. Similarly, the 2017 study demonstrated that the city has an adequate supply of Goal 9 (commercial and industrial land) to meet its 20-year demand. This property is well situated to be attractive for commercial development but is not necessary for growth. Since the city has adequate commercial and residential land to meet the necessary 20-year demand, the decision to change this particular property is based more upon policy than need.

Public notice was provided for the proposal. Notice of the proposed land use action was sent by direct mail to all property owners within 300 feet on February 20, 2019. Notice was published in the Hermiston Herald on February 20, 2019. A sign informing the public of the proposal was placed on the property on February 20, 2019.

The findings of fact are attached to this report as Exhibit A. The map showing the property boundary and adjacent streets is attached as Exhibit B. An aerial photo for the city council's reference is attached as Exhibit C. The applicant's narrative is attached as Exhibit D.

The planning commission held a public hearing on this issue on March 13. Following the conclusion of the hearing, the commission made a unanimous recommendation that the city council adopt the proposal as written.  

The city council may choose to:

• Approve the land be amended from Low Density Residential to Commercial on the comprehensive plan map and from Single-Family Residential to Outlying Commercial on the zoning map

• Deny that the land be amended and retain its current designations

• Motion to adopt findings of fact, subject to any amendments made as a result of the public hearing
• Motion to approve the land be amended from Low Density Residential to Commercial on the comprehensive plan map and from Single-Family Residential to Outlying Commercial on the zoning map