The Umatilla City Council voted 3-2 to uphold a decision by the Umatilla Planning Commission in an ongoing battle between the city and the Port of Umatilla.
The property in question is at the north end of a strip known as the Bud Draper Subdivision sandwiched between Big River Golf Course to the west and industrial property developed by the Port of Umatilla to the east. Bud Draper Road divides the subdivision from developed light industrial zoning. No residences border the property.
Within the subdivision, one property has been developed with an industrial site and two properties have been sold with the intention to develop industrial properties. It was the Port of Umatilla’s site plan to develop one of those properties, now owned by JP Hammer, which initiated the appeal process.
The Port’s site plan – and the Port’s ongoing opinion – lists the property as industrial, in line with current zoning maps distributed by both the city and the county.
The Umatilla Planning Commission denied the site plan on the grounds the property is zoned residential, not industrial, because it was never officially re-zoned and exists as industrial because of a map error more than a decade ago.
The port appealed the decision to the city council. On May 28, the council voted 2-2 on whether or not to uphold the planning commission’s decision. The issue – and debate – was continued at Tuesday’s meeting.
Council members Mary Dedrick and Sharon Farnsworth maintained their votes to uphold the planning commission’s opinion; councilors Smith and Roak Ten Eyck maintained their votes to overturn it.
Councilor George Fenton, who was absent from the previous meeting, cast the deciding vote: to uphold the decision.
Councilman Mel Ray has abstained from the debate because of his service on the Umatilla Planning Commission.
The council made the decision with limited discussion to a packed audience. Despite the crowd, the room was almost silent before and during the council meeting.
Council president Lyle Smith opened two public comment sessions during the meeting but reminded the audience the council would not take any public comment on old business – the port site plan appeal – because that record was closed.
Port Manager Kim Puzey offered a prepared statement after the meeting:
“I commend the members of the Umatilla City Council who voted to abide by the Comprehensive Plan and Official Acknowledged Map,” Puzey said. “They have demonstrated courage and integrity in the face of popular opinion to do otherwise.”
With the council’s decision, the port can appeal to the Land Use Board of Appeals. JP Hammer has already filed with LUBA, and the port is also continuing along a different legal track: Umatilla Circuit Court.
The council met in executive session to discuss that lawsuit during Tuesday meeting. In open session, the council announced it would “take action consistent with” attorney Carrie Richter’s advice. Richter is the acting city attorney for the Port of Umatilla site plan application and subsequent action.
During the meeting, the board also appointed Michele Massari-Cox to the Code Improvement Board, filling the last vacancy, and set a special meeting for June 26 to accept the findings of the Port of Umatilla site plan appeal.
