Subject
The City of Hermiston has received an application from Shera Hopper to amend the text of the zoning ordinance. The applicant has petitioned to add florist shop to the conditional uses permitted in the Duplex Residential Zone.
Summary and Background
The applicant, Shera Hopper, leases an R-3 zoned property containing a single family dwelling that was remodeled and operated as a beauty/tanning salon under a conditional use permit approved in May of 2000 and upheld at an appeal hearing in June of 2000. Ms. Hopper has remodeled the salon and has been operating a florist shop from the location since the fall of 2017. A florist shop is not a permitted use in an R-3 zone. Staff contacted Ms. Hopper in November of 2017 and suggested actions that needed to be taken in order to comply with the city's zoning ordinance. The proposed text amendment will allow a florist shop in the R-3 zone when authorized in accordance with the requirements in Section 157.205 through 157.210.
§157.226 of the Hermiston Code of Ordinances provides the method and approval criteria for granting or denying an amendment to the zoning ordinance. The proposed amendment has been deemed a legislative change in that it involves the text of the ordinance.
Notice of the proposed action for a zoning text amendment shall be submitted to the Department of Land Conservation and Development 35 days prior to the date set for the initial hearing. The notice of proposed amendment was submitted on July 30, 2018.
The planning commission held a public hearing on September 12, 2018. Following the public hearing, the planning commission made a unanimous recommendation to amend the text of the zoning ordinance. The matter now comes before the city council for a hearing and decision. After the close of the public hearing, the city council shall make findings of fact and adopt, adopt with changes, or deny the proposed amendment.
Should the city council choose to adopt the proposed text amendment, the applicant will submit a request for a conditional use permit to the city council.
Tie-In to Council Goals:
Amendments to the zoning ordinance fall under Comprehensive Plan Policy #2 which requires the city to review the city's comprehensive plan and implementing ordinances and update as necessary.
Fiscal Information
There is no financial impact to the City from this text amendment.
Alternatives and Recommendation
Alternatives
The city council may
- Adopt the proposed text amendment
- Adopt the proposed text amendment with changes
- Deny the text amendment
Recommendation
Subject to the testimony received at the hearing and based upon the findings of fact as may be amended by the city council, staff recommends that the city council adopt the proposed text amendment.
Requested Action/Motion
Motion to adopt the findings of fact
Motion to adopt Ordinance No 2263
Submitted By: Clinton Spencer