John Uceny has submitted an application to amend the comprehensive plan map designation and zoning designation for a 1.9 acre tract on the north side of W Theater Lane. The proposed change will amend the comprehensive plan map from Medium Density/Mobile Home Residential to
Commercial and amend the zoning map from Multi-Structure Residential to Outlying Commercial. The property involved is made up of seven existing residential lots containing three existing single-family residences and accessory buildings. The land is owned by UK Properties and is described as 4N 28 03AD Tax Lots 4800, 4900, 5000, 5100, 5200, 5300 and 5400. There is no development plan at this time but the land will be marketed for commercial redevelopment.

The property lies at the border of changing land uses. To the west, the land on the north side of W Theater Lane is developed with low density, single-family residential development. There is the fully developed Desert Shadows single-family development and the under construction Theater Park development. Skyline Ridge further to the west is also proposed. To the east and south W Theater Lane is developed commercially with a variety of commercial uses trending towards retail. Two banks, a car dealer, a grocery store, a theater, and a secondhand store are all within 500 feet
of the site.

Each of the existing lots which make up the land proposed for amendment is relatively small. The lots are generally between a quarter and a third of an acre. All of the lots are large enough to accommodate single-family and duplex dwellings. Some of the lots are large enough to accommodate multi-family dwellings as well. Individually each lot is most likely too small to reasonably expect to develop commercially. However, as an aggregation of land there is enough land to accommodate a variety of small scale retail, restaurant, and other commercial uses. Uses permitted in the proposed C-2 zone are listed in 157.041 of the Hermiston Code of Ordinances.

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 1.9 acres 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 September 23, 2020. Notice was published in the Hermiston Herald on September 23, 2020 and October 14, 2020. A sign informing the public of the proposal was placed on the property on September 23, 2020. 

The planning commission held a public hearing on October 14, 2020.  Following the closure of the public hearing, the planning commission made a unanimous recommendation that the city council accept the proposed map changes.

The proposed Ordinance 2313 is attached.  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.

Motion to adopt findings of fact

Motion to adopt Ordinance No 2313