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HomeMy WebLinkAboutCouncil Resolution 1011RESOLUTION NO. I ~a l ~ A RESOLUTION SCHEDULING A HEARING TO REVIEW THE PLANNING COMMISSION'S DECISION ON THE APPLICATION POR THE PROPOSED RETAIL PEAR BLOSSOM PLAZA (WAL-MART SUPERCENTER) WHEREAS, the City of Central Point is reviewing an application for development of the "Proposed Retail Pear Blossom Plaza" on property at the northwest confer of East Pine Street and Hamrick Road within the City of Central Point; and WHEREAS, the application was deemed complete on December 17, 2003, and under ORS 227.178, the City has 120 days in which to reach a final decision, which period expires on April 16, 2004, and the applicant has so far been unwilling to extend the 120 day period; and WHEREAS, the City is currently undergoing a process to evaluate the East Pine Street Corridor, which process will likely result in pertinent information that could affect the City's decision on the Proposed Retail Pear Blossom Plaza application; and WHEREAS the results of the East Pine Street Corridor evaluation were not available for review by the Planning Commission until late March of 2004, resulting in the delay of Planning Commission consideration of this matter; and WHEREAS, the lack of availability of the East Pine Street Corridor information until late March and the applicant's unwillingness to extend the 120 day deadline have presented the City with difficulty in meeting its obligations under ORS 227.178 to make a decision within 120 days of when the application is deemed complete; and WHEREAS, the City Council believes that the traffic information regarding the East Pine Street Corridor is important to the proper resolution of the application for development of the Proposed Retail Pear Blossom Plaza and, therefore, every effort should be made to allow the information to be considered by the Planning Commission; and WHEREAS, in order to meet notice requirements for a city council review of the Planning Commission decision, the City Council must initiate this request for review of the Planning Commission decision prior to it being rendered by the Planning Commission, and WHEREAS, CPMC 1.24.080 allows the City Council to schedule any matter for review on its own motion, and does not limit such a motion to decisions that have already been made. Resolution No.04152004 Page 1 oft NOW, THEREFORE, BE IT RESOLVED by the Central Point City Council as follows: Section 1. The Planning Commission's decision on the application for the Proposed Retail Pear Blossom Plaza is hereby called up for review by the Central Point City Council upon Che Planning Commission's reaching a final decision. Section 2. The review of the Planning Commission's decision on the Proposed Retail Pear Blossom Plaza will occur at a special meeting of the City Council on Thursday April 15; 2004, at 7:00 p.m. at the Crater High School Student Center. Section 3. The City Council will not exercise its discretion to allow new evidence at the review hearing. Instead, the review will be limited to the existing record with an opportunity for all parties to submit arguments to the City Council. However, all criteria will be at issue. 1` Passed by the Council and signed by me in authentication of its passage this ,~ S day of March, 2004 ~~~~~~~~ ~, Mayor Hank Williams ATTES ': % 1 i i i~n ~~?z City ecorder Deanna Gre ry Approved by me this , ~ ~,t day of March, 200Y ~, Mayor Hank Williams Resolution No.04152009 Page 2 of 2