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HomeMy WebLinkAboutCouncil Resolution 597RESOLUTION NO. 597 A RESOLUTION DENYING A PRELIMINARY PLAT APPLICATION FOR MAPLE GROVE ESTATES - A PROPOSED THIRTY-FIVE UNIT SUBDIVISION LOCATED ON THE NORTH SIDE OF BEALL LANE., WEST OF MARILEE STREET (37 2W 11D Tax Lot 2401) WHEREAS, on February 12, 1990, Ed Dautzenberg submitted a Preliminary Subdivision Plat Application for Maple Grove Estates:, a project consisting of thirty-five lots on a 7.15 acre. parcel on Beall Lane, and, WHEREAS, on March 6, 1990, the Central Point Planning Commission conducted. a public meeting to receive. testimony on the application for Preliminary Subdivision Plan for Maple Grove Estates, after which the Planning Commissioners adopted Resolution No. 185 recommending approval of said Preliminary Plat, and, WHEREAS, on March 15, 1990, the City Council conducted a public hearing during which staff delivered a report to the Council which included a proposed condition requiring the developer to determine and construct storm drainage facilities. adequate to provide for capacity of storm water runoff from the proposed development, and, WHEREAS, Robert Blanton, gave testimony during said public hearing which consisted of a detailed explanation of the area wide drainage problem within the Meadow Creek area and possible alternatives for resolving the drainage problem, and, WHEREAS, on March 15, 1990, the City Council postponed its decision to grant preliminary plat approval for Maple Grove Estates Subdivision located within Meadow Creek Drainage Basin, until. the developer submits an acceptable plan for correcting storm drainage deficiencies associated to the project. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTRAL POINT, OREGON, AS FOLLOWS: Section 1. The City Council hereby makes the following findings of fact: RESOLUTION NO. 597 MAPLEGROVE.RESO (062091) 1 A. The City may impose conditions of approval upon developers which are found necessary to protect public health, safety and general welfare of citizens of Central Point. B. Unchecked development in the Meadow Creek Drainage Basin will result in flooding of properties and improvements within that basin. C. Central Point Public Works Department Staff Report dated February 23, 1990 proposed a required condition. stating that all on-site storm drainage shall be collected from roofs and catchbasins and connected to pipes and discharged according to a Meadow Creek Storm Drainage Plan which would be approved by the City of Central Point. No building permits would be issued until the storm drainage issue. is resolved. D. Robert. Blanton Consulting Engineering has confirmed 1. That the private storm drainage system which serves The Meadows, Planned Unit Development, was not designed to provide for future development in the Meadow Creek Basins and is near or at capacity. 2. The logical solution is to install diversion pipe under I-5 to Bear Creek to provide for an area-wide storm drainage system. E. Since March 15, 1990, applicant Ed Dautzenberg used 390 days worth of additional extensions beyond the original 120 days set forth for receiving land use decisions to form a Local Improvement District (LID) for constructing a second Meadow Creek Storm Drainage By-pass. The proposed LID was not formed because there was not adequate support and because the property values for large lots within the LID were expected to be less than the proposed LID assessments, thus posing a financial risk to the City in the event of delinquent payments. F. The original Preliminary Plat Application for Maple Grove Estates Subdivision did not provide for an alternative plan to construct the required storm drainage facility through private financing methods nor, has the applicant provided the City with such a plan which adequately addresses the details relating to cost, design, participation, future connections, project scheduling and the eventual transition from private to public system. RESOLUTION NO. 597 MAPLEGROVE.RESO (062091) 2 Section 2. The City Council hereby makes the following conclusions: A. An area-wide storm drainage system is necessary for the Meadow Creek Drainage Basin and the installation of a diversion pipe under I-5 to Bear Creek will efficiently and effectively serve those drainage needs. B. As a planning agency, the City is responsible for ensuring that public facilities are designed, constructed and operated so that they effectively protect property owners and provide for future growth. The Meadow Creek Basin requires a plan which will give the City overall. guidance for the development of an area-wide storm drainage system. If the Maple Grove Estates Subdivision is approved without adequate storm drainage facilities, properties and improvements within the Meadow Creek Drainage Basin are subject to potential flooding. Section 3. Based upon the foregoing findings of fact and conclusion, the City Council. hereby denies the Preliminary Subdivision Plat application for Maple Grove Estates. Passed by the Council and sig ed by me in authentication of its passage this~r/ day of , 1991. p~J U-rvcc.a~ X~~ COUN PAESIDENT ATTEST: Designat City Off' er APPROVED by me this ~~"day of , 1991. ffi~ COUNC RESIDENT RESOLUTION NO. 597 MAPLEGROVE.RESO (062091) 3