The Hermiston School District has filed an appeal of the conditions of approval imposed by the planning commission on the Hermiston High School expansion at 600 S First St. 

Condition of approval #7 states:

"Prior to issuance of Certificate of Occupancy for the Annex building, Hermiston School District shall execute and record a waiver of the right to remonstrate against the formation of a local improvement district or other proportional share funding mechanism for transportation improvements that include signalization of the W Highland Avenue/S 1st Street intersection and related improvements, including but not limited to railroad crossing interconnect if constructed."

Condition of approval #9 states:

"Parking improvements approved as part of the softball field construction in June of 2020 shall be completed as required by the planning commission as part of the softball approval."

The appeal materials cite specific grounds for challenging the conditions. 

The grounds for appeal of Condition #7 state that the condition lacks clarity regarding the school district's responsibility.  Although a signal at S First St and Highland Ave is recommended by the record, there are several potential improvements and the school district's participation in these improvements is not specific enough to plan for future contributions.  The school district contends that a waiver of remonstrance for future participation is too open ended for adequate allocation of school resources.

The grounds for appeal of Condition #9 state that the condition is  unnecessary.  The 2020 approval of the softball fields included a proposal 74-space parking addition south of the fields.  The 2021 annex proposal moves the parking from south of the fields to north of the existing W Orchard Ave parking lot and increases the number of new spaces from 74 to 134.  

The planning commission held a public hearing on the proposed conditional use permit on September 8, 2021.  The hearing considered the request to construct a 22,800 square-foot annex building, two greenhouses, and several parking modifications at the Hermiston High School.  The hearing was open to the public and representatives from Cameron McCarthy (the school's planning consultant), Wenaha Group (the school's construction management firm), and the Hermiston School District attended.  Additional testimony was received via email requesting signalization of the S First St/Highland Ave intersection.  

The record presented to the planning commission contained the entire project file as well as the 9/8/21 staff report.  The 9/8/21 staff report contained two traffic memos from Kittleson and Associates detailing the observed traffic conditions at the S First St/Highland Ave intersection and other associated traffic impacts.  Additional site plan documents prepared by the applicants and various maps were included in the report.  

Testimony at the planning commission centered around the future signalization of S First St/Highland Ave and parking improvements for the school.  Considerable time was spent in discussion of regulating student parking and implementation of a parking management plan.  The minutes of the September 8 meeting are attached to this report.

In brief, the planning commission found that the overall design of the proposed improvements was in compliance with the zoning standards.  However, there is significant evidence in the record that school operations contribute to level of service loss at S First Street and Highland Ave.  Thus, the planning commission conditioned that the school district sign a waiver of remonstrance to participate in future signalization.  

The hearing before the city council is an on the record hearing under the appeal provisions in 157.231 of the Hermiston Code of Ordinances.  On the record appeals are limited to evidence submitted during the initial hearing.  In this case, only testimony and evidence from the September 8, 2021 planning commission hearing may be considered.  Testimony is limited to those participants who testified orally or in writing before the planning commission.  Testimony may be presented which clarifies existing evidence but new evidence and new participants are not permitted.

The process will begin with question of bias, conflict of interest or ex parte contacts by the city council, followed by a presentation of hearing guidelines.  A presentation of the staff report will follow.  Next will be testimony by the appellant.  Other participants in the initial evidentiary hearing may also speak in favor of the appeal.  Testimony in opposition to the appeal will also be allowed.  Finally, a rebuttal by the appellant is permitted.  Following the conclusion of the testimony, the city council may close the hearing and deliberate on the appeal.  Once the council reaches a decision, the mayor will sign findings of fact on which the decision is based.

The city council has several options for appeals.  The city council may affirm the planning commission conditions, amend the conditions, reverse the conditions, or remand the decision to the planning commission for additional findings or conditions.

Based on the evidence in the record, a financial contribution to signalization by the school district can be justified.  Staff recommends that Condition #7 be amended to require the city and school district to enter into an agreement with a specific financial contribution which is proportional to the impact of the high school.  Once a contribution is in place, the city will not require further financial participation in signalization.

With regards to Condition #9, the 2020 approval of the softball fields required the installation of 74 parking spaces south of the field.  This requirement was deferred in the 2020 approval to the completion of the high school annex.  Seventy-four spaces was determined to be the appropriate amount of parking for a 300-seat softball field.  With the permit for the new annex, a new parking area of 134 additional spaces (or 60 more than required for the softball fields) is proposed.  Under the zoning standards, the current high school and proposed annex require 402 spaces and 662 spaces (or an excess of 260 spaces) are provided.  Given the excess of 262 (or 188 excess spaces above that needed to accommodate the softball fields), staff recommends that Condition #9 be repealed.

The city council may choose to:

• Accept the staff recommendation and amend Condition #7 and repeal Condition #9
• Affirm the planning commission decision and maintain Conditions #7 and #9
• Modify the conditions as deemed necessary by the council
• Remand the conditions to the planning commission for review

Staff recommends that the city council amend Condition #7 as follows:

"Staff shall enter into negotiations with the school district for a specific cash contribution to be paid to the city and used for signalization.  In exchange for this contribution, the city will hold the school district harmless for future costs associated with signalization of S First St and Highland Ave."

Staff recommends that the city council repeal Condition #9.

Motion to amend, repeal, modify or remand Condition #7

Motion to amend, repeal, modify or remand Condition #9

Motion to adopt findings of fact