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Resolution 555 - Hunter Seven Minor Partition
PLANNING COMMISSION IZI_SOI,U"PION NO. SSS A RESOLUTION GRANTING TEN"l'A"I'IVI PI.,AN AI'PROVAI~ FORA "MINOR I,~1ND PARTITION" (Applicant (s) :l-Iu~~ter Seven, L.L.C.) (37 2W 02D, Tax Lat 2904) Recitals 1. Applicant(s) has/have submitted an application far tentative plan approval foz• a minor land partition an a 1.66 acre parcel. located at the end of South Peninger in the City of Central Point, Oregon. 2. On, October 1, 2002, the Central Paint Planning Con~n~ission conducted aduly-noticed public hearing on the application, at which time it reviewed the City staff reports and heard testimony and comments on the application. Now, therefore; BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF CENTRAL POINT, OREGON, AS FOLLOWS: Section 1. A royal Criteria. The requirements for approval of land partitions and tentative plans are set foz-th in CPMC Title 16 and 17, relating to infarn~ational requirements, zoning, lot dizxzension, access, and similar z•equizements. Section 2. Finding~and_Conclusions. The Planning Commission fznds and determines as follows: A. Tentative Plan Requirements. The application and tentative plan are in the correct farzrz and contain all of the information required by CPMC 16.10. B. Area and Width of Lot. This land partitioning in a C-4 zone would create 2 parcels: All parcels meet the zxzinimzzm area and width requirements for lots in the G4 zone as set forth in CPMC 17.44, and such parcels meet the general requirez~nents for fats contained in CPMC 16.24.OS0. Planning Coznmissian Resolution No. 555 (1010112002) Section 3. Conditional Ap~rovalµ The applicatio~l far tentative plan f`or mino~~ [and partition herein is hereby approved, subject to the conditions set forth on >ahibits "A" and "13", attached hereto by z•eference incorporated herein, imposed t-nder authority of CPMC Chapter 1 C.3(. Passed by the 1'laz~ning Commission and signed by nZe iii authentication oi' its passage this 1st day of October, 2002. Planning Commission Chair ATTEST: City Rep~-el~entative pproved by me this 1st day of October, 2002. Planning Commission Chair Pla~lning Commission Resolution No. _555 {10/01/2002) Zxb.ibit ".~" PLANNING l)rPAlt`rMEN'T S'l'AI<l< Rl1P(}RT I4I~.11.1~]NG Df1"1'l~: October 1, 2002 TO: Central Poizat 1'lanni~lg CozTZmission FROM: Matt Samitore, Camm~u~ity Pla~tner SUBJECT: Public Hearing- Tentative Minor Partition for 37 2W 02D Tax Lot 2900 - Hunter Seven, L.L.C. Applicant/ 1-hinter Seven, L.L.C. Et. 11.I. CIO John Batter Owner: P.O. Box 4460 Medford, OR 97501 Ager€t: Iloffbuhr and Associates 3155 Alameda Street. Suite 201 Medford, OR 97504 Pro er Description/ 37 2W 02D Tax Lot 2904, 1.66 acres Zoning: C-4, Tourist and Office Professional District Smm~narv The applicant, Hunter Seven, L.L,.C. is proposing the minor partition of a 1.66 acre parcel into two parcels. The property is located near il~e intersection of Laz~ze Drive and South Peninger Raad in the C-4, Tourist and Office Professional Toning District. Authority CPMC 1.24.020 vests the Planning Commission with the authority to hold a public hearing and render a decision on any application far a tentative plan land partition. Notice of the public hearing was given in accordance with CPMC 1.24.060. (Exhibit 13). A livable Law CPMC 16.10.010 et seq. Tentative PIaz1s CPMC 17.44.010 et sect. C-4, Tourist and Office Professional District CPMC 16.36.010 et seq. Major and Minor Land Partitions Discussion The projectareaconsists ofasingle 1.66 acre parcel located south ofthe Shari's Restal~razlt azzd east afIntcrstate 5 ~7ear tlic intcrsectia~l of I.,arue Drive and South Peninger Road. 7~he minor partition would create a total oftwa parcels of 0.85 and 0.81 acres respectively. 'I'bis was Lat 3 afthe original LaRue Partition which the Plan~~ing Coza~~l~ission approved in 1999. St<nte law allows the re-subdivision of property after one year. A Propez•ty Line Adjustment is also included in the Partition. The Area along Parcel 1 will znave the property line to follow the Cul-de-sac. The Planning and Public Works Departments have reviewed a site plan and this tentative plan for the minor land partition and have concluded that the partition cazrzplies with city r egzzirezxzents if all conditions of approval pertaining to site development, nzinimtzm lot size, public woz-ks standards and specifications and access to public roadways can be met. The Public Works StaffReport is attached in the Site Plan Review for the KFC/A&W Restaurant application proposed on Parcel 1 of this partition. The original notice foz• the meeting did not include the partition. A conditional approval zxzay be granted for the partition. Iz1 order to give the proper comment period the Planning Depaz-tment will cozatinue to accept comments until October 1 I, 2002. An additional meeting znay be held an October I4, 2002 if comments warrant the need to do so. Findings of Fact & Conclusions of Law Minor Pat•tition CPMC 16.10.010 requires that applications foz• tentative plans be submitted with improvement plans and other supplcznentazy inforzxzation as may be needed to indicate the development plan. ^ The proposed minor partition satisfies the subdivision requirements listed in CPMC 16.36.030 and CPMC 16.36.040. The Public Works Department may request additional information to satisfy standard specification requirements. CPMC 17.2$.050 establishes minirnuzxz area, width and access requirements for the C-4, Tourist and Office Professional district. ~ Parcels 1 and 2 of the proposed partition meet the area, width and access requirements for the C-4, Tourist and (}ffice Professional District. Reconlznendation Staff recommends that the Planning Ca~nn7ission take one of the following actions: Adopt Resolution No., approving thc'I'entative Minor Land Partition af37 2W 02D Tax Lot 2904 subject to the recoznznez-zdcd conditions of apprnval (Exhibit C }; or 2. Deny the proposed Tentative Minor Lazad Paz•tition; or 3. Continue the z•eview of the Tentative Minor Land Paz-tition at the discz•etion of the Coznznission. A conditional approval may be granted f©r the partition to allow parties ample opportunity to comment on the application. Any comments must be submitted to City Hal[ no later than October 11, 2002. An additional meeting of the Planning Cozr~zx~ission xnay be held on October 1~1, 2002 if comments warrant the need to do so. Exhibits A. Tentative Plat B. Notice of Public ITearing C. Recoza-zzxzended Conditions of Approval ~xhibi~ "B `~ PLANNING DF,PARTMENT RECOMMENDED CONDITIONS OF APPROVAL The approval of the Tentative Plan shall expire in ane year on Qctober 1, 2003 unless an application for final plat or extension has been received by the City. 2. The pz•oject must cozxzply with all applicable local, state and federal regulations. 3. The tentative and fznal plats shall depict utility easements requested by the City, 13CVSA and WP Natural Gas. Any changes to utility layout including fzre hydrants shall require subsequent approval by the respective service provider.