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HomeMy WebLinkAboutCouncil Resolution 651RESOLUTION NO. / 51 A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A TENTATIVE PLAN FOR A LAND PARTITION (Applicants:. Gerald and Esther Corcoran) (37 2W 2BC Tax Lot 1100) Recitals 1. Gerald and Esther Corcoran submitted an application for tentative plan approval of a land partition on a 7.46-acre parcel in an R-3 zone, located between North 10th Street and Interstate 5, and adjacent to Cherry Street, in Central Point, Oregon. 2. The Central Point Planning Commission conducted a public hearing on said application on November 3, 1992. The Commission reviewed the application, City Staff reports, heard testimony and comments on the application, and conditionally approved the application.. 3. On November 19, 1992, the City Council voted to review the Planning Commission's decision. A hearing was held by the City council on December 17, 1992 and continued to December 23, 1992, during which hearing the Council heard testimony, examined exhibits and heard comments in favor of and. opposed to the application. Now, therefore.,. BE IT RESOLVED BY THE. CITY COUNCIL OF THE CITY OF CENTRAL POINT, OREGON,. AS FOLLOWS: Section 1. Approval Criteria. The requirements for approval of land partitions and tentative plans are set forth in CPMC Chapters 16 and 17, having to do with informational requirements, lot and block design, street, street lights, water, storm drainage and sewer improvements, lot area, lot width, and access requirements. Section 2. Findings and Conclusions.. The City Council finds and determines as follows: A. Tentative Plan Requirements. The application and tentative plan are in the correct form and contain all of the information required by CPMC Chapter 16.10. B. Area and Width of Lots. This partitioning in an R-3 zone would create the following parcels: Parcel 1 - 158,434 square feet; width = 257 feet Parcel 2 - 166,724 square feet; width = 380 feet 1 - RESOLUTION NO. /,~5~ (021893) Both parcels meet the minimum area (6,000 square feet) and width (60 feet) requirements for R-3 lots. contained in CPMC 17.28.050. Both lots meet the general requirements for lots contained in CPMC 16.24.050. C. Street Improvements Necessarv. In order to mitigate the increased traffic that will be caused by the development of the partitioned land, and for purposes of providing an alternate access for traffic flow and emergencies, it is necessary that the developer construct certain off-site improvements. Such improvements are reasonably related to the development and will serve to mitigate the effects of the increased traffic. In connection therewith, and pursuant to CPMC 16.10.090, the City Council makes the following findings: 1. The single access cul-de-sac street (Cherry Street) will be insufficient to serve the ultimate needs of the development, both in terms of vehicular traffic flow patterns and. emergency access. 2. The City Council specifically finds that locating more than 74 apartment units at the end of a dead-end cul-de-sac street (Cherry Street) would result in unacceptable traffic levels on 10th Street. 3. The Council rejects the Developer's contention that the additional traffic generated by the full built-out development can be satisfactorily absorbed onto 10th Street off a single access. Developer's traffic study is based on traffic levels measured in May, 1992, which was. prior to the completion of the realignment of 10th Street with Freeman Road. The Council finds that the realignment resulted in increased traffic on 10th Street, so that the traffic study is of only minimal value. 4. A single cul-de-sac access would. be unacceptable for emergency access in the event of a catastrophe. If the single access were to become blocked, emergency vehicles. would have no way to enter the property. 5. The second access proposed off 10th Street between Tax Lots. 1200 and 1500 is unacceptable on the grounds that such second access would necessarily be located within approximately 120 feet of Cherry Street. The City's Public Works Standards, Design Guidelines, Section VIIF, provides for a minimum separation of 150 feet between streets in such a case. 6. Given the necessity of a second access and the unavailability of the proposed access between Tax Lots 1200 and 1500, the only logical location for a second access is to the 2 - RESOLUTION NO. ~T (021893) south of the property, connecting the southern end of the project to 10th Street, at the curve on 10th Street near the Jewett Elementary School playground, as provided below in condition no. 4. 7. The southern access will help to alleviate the traffic burden on 10th Street by providing an alternate ingress and egress to the project, thereby keeping traffic headed from the project to Pine Street and from Pine Street to the project off of 10th Street at the point where it would otherwise cause congestion. In addition, the second access will improve traffic circulation within the project. and on Cherry Street. 8. The southern access will provide an emergency access in the event that a catastrophe should block off the Cherry Street. access. Section 3. Conditional Approval. The application for tentative plan and the tentative plan dated October 23, 1992 for land partition herein is hereby approved, subject to the following conditions imposed under authority of CPMC Chapters 16.10 and 16.36: CONDITIONS 1. Part of the land underlying the cul-de-sac turn-around bulb is not currently owned by Developer, and can therefore not be dedicated for street purposes by Developer. Prior to any construction on Cherry Street, Developer shall submit a title report verifying the vested ownership of such property, along with proof that such land has been transferred to City, by warranty deed, free and. clear of any encumbrances whatsoever. 2. The strip of land connecting Parcel 2 to the cul-de-sac turn-around. bulb on Cherry Street, in the northwest portion of the subject property, is only 25 feet wide, as shown on the tentative plan. Such strip shall be widened to allow construction of two 12-foot wide travel lanes, 5-foot wide sidewalks on each side, and it shall be designed to provide for a 100-foot centerline curve radius. 3. Developer shall construct Cherry Street to a Local Street Standard, including the turn-around bulb, except that at the Cherry Street intersection with N. 10th Street, two 12-foot travel lanes: shall be constructed in the. westerly direction and 3 - RESOLUTION NO. fps{ (021893) one 16-foot travel lane shall be constructed in the easterly direction. The widening shall be done on the first 100 feet of Cherry Street. Cherry Street construction shall include: subgrading, base rock, asphaltic concrete paving, curb/gutter storm drainage and sidewalks. 4. The following condition is imposed as a condition of this partition approval in order to insure that a second access is built to serve both parcels from the south. (a) Developer shall acquire, either by purchase or by easement, a 35-foot wide strip of property beginning at the southern. end of the subject property, extending south and terminating at 10th Street at the curve adjacent to the Jewett Elementary School playground. Such access strip shall enter 10th Street at a 90-degree angle. In the event that Developer, after a good faith effort, documentation of which good faith effort is provided to City, is unable to acquire the property necessary for the southern access either by purchase or by easement, City shall either condemn the necessary property by eminent domain or release Developer from the obligation to construct the southern access and all other improvements incident thereto. If condemnation is used, Developer shall reimburse City for the expense of condemning the land, including all related court costs, surveyor's. fees, legal fees and any other fee expended in the condemnation procedure. (b) The acquisition of such property, whether by purchase or by easement, shall include an easement in favor of the City of Central Point for purposes of utilities installation, maintenance, repair and replacement. (c) Developer shall construct on such southerly access, and connecting through the subject property to Cherry Street, a 24-foot wide private driveway, constructed to meet all City standards. and specifications, and surfaced with asphaltic concrete. (d) Developer shall construct storm drains and access concrete curbs, sidewalks, and catchbasins built to City standards and specifications,. from the property line of Parcel 1 to 10th Street. (e) Developer shall construct a chain link fence on both sides of such access, to be 6-feet high except where City standards require a lesser height, if any. 4 - RESOLUTION NO. ~! (021893) (f) The access shall be a private driveway, not a public street, and shall be maintained by Developer. It shall remain open at all times for use as ingress and egress by persons residing in Parcel 1 and Parcel 2. (g) If such driveway is built on Parcel 1, Developer shall prepare and record an easement over such driveway for ingress and egress in favor of Parcel 2. If such driveway is built on Parcel 2, Developer shall prepare and record an easement over such driveway for ingress and egress in favor of Parcel 1. (h) Developer shall connect an 8" water line from Parcel 1 to the 12" ductile iron water line which exists at the intersection of N. 10th Street in the southern access. (i) Developer shall install street lights along the southern access, at 200-foot intervals, using 5800 Lumen HPSv street lights, except that at the intersection of N. 10th Street and the southerly access, 9500 Lumen HPSV shall be installed. Developer shall pay all costs of installation, maintenance and operation of such lights. (j) Developer shall pay the cost of City installation of a stop sign at the intersection of N. 10th Street and the southern access. (k) A Soils Engineer must evaluate the strength of the soil to determine the street section design. The City's Engineer shall be used., and the Developer shall pay the cost of these services. The southern access driveway shall be designed for a minimum 20 year life, given a daily traffic volume of 1,500 vehicle trips per day, and 2$ truck traffic. 5. In order to accommodate traffic from this development, and to provide a safe intersection at N. 10th Street, N. 10th Street shall be widened on its westerly side between West Cherry Street and Hazel Street, and shall be widened on its easterly side from the southerly side of East Hazel Street to a point which is opposite to the extension of the southerly right-of-way line of West Cherry Street. The. widening shall provide a bikeway on both sides of the street, a 12 foot wide north lane, a 12 foot wide south lane, and a continuous left turn refuge. Adequate additional distance, as approved by the Public Works Department, shall be provided for the transition from a 36' curb to curb width to a 44' curb to curb width. N. 10th Street construction shall include:. subgrading, base rock, asphaltic concrete paving, curb/gutter storm drainage and sidewalks. 5 - RESOLUTION NO. ~ (021893) 6. Easements shall be shown on the Tentative Plan for this Land Partition for the installation, maintenance, repair and. replacement of water, sewer and storm drainage, in locations and widths approved by the City. These easements shall be to the City of Central Point. 7. A 12" ductile iron water pipe is located on the west side of N. 10th Street, at the intersection of Cherry Street and at the intersection with the southern access. The 8" water line that will serve the development shall be connected to these 12" water lines instead of the 8" water line shown on the Tentative Plan. The connection at the southern access will be made when the southern access is constructed. 8. "NO PARKING" designation shall be installed, at Developer's expense, as a part of the construction of the N. 10th Street and Cherry Street improvements and "NO PARKING ANYTIME" signs. shall be installed and the curb painted yellow. On N. 10th Street there shall be no parking from Hazel Street to a point 200 feet south of the west Cherry Street intersection. 9. Only one (1) access to the Willow Glen Apartments will be allowed on the turn-around to the Cherry Street cul-de-sac. All other accesses to the remaining lots shall be spaced a minimum of 100', and where practical. shall be located to form a cross intersection with Cherry Street. 10. An access control strip shall be placed on Cherry Street on the cul-de-sac and 75' west of the beginning of the cut-de-sac bulb to restrict access onto Cherry Street, except for the Willow Glen Apartment development. Tax Lot 600 shall take access from the Willow Glen Apartment access. 11. A Street Lighting Plan shall be included in the construction of the improvements for this Tentative Plan according to all the requirements of the City of Central Point. Public Works Department. All intersections shall be illuminated 6 - RESOLUTION NO. ~0,5'/ ( 021893 ) and all streets shall have a maximum spacing for street lights of 200'. N. 10th Street and its intersection shall have 9500 Lumen HPSV street lights installed. Cherry Street shall have 5800 Lumen HPSV street lights installed. Developer shall pay all costs associated with the installation of these street lights. 12. The 8" water line that provides service to this development shall be looped to the 12" water line located in N. 10th Street at a location approved by the Public Works Department. The Developer shall obtain the necessary easements in favor of the City, and shall pay all costs associated with obtaining and recording those easements. 13. A Traffic Control Plan shall be included as part of the final construction plan, and shall include the stop sign on Cherry Street at N. 10th, and all striping and traffic delineation. All costs associated with the design and installation of the Traffic Control Plan shall be paid for by the developer. The Public Works Department will install the traffic control improvements. 14. As part of the construction of the improvements for this Tentative Plan, the developer's engineer shall provide a complete set of drainage calculations for sizing the storm drainage system for this development, and assure the system is sized to provide service to all lots in this development. 15. A 12" concrete storm drain pipe crosses T37S R2W Section 1, Tax Lots 600 and 603. Developer shall include in the construction of the storm drainage system for Cherry Street a connection to Mingus Creek for this storm drainage pipe. 16. Catch basins shall be constructed no greater than 350' apart in any section of curb or parking area. 17. Developer shall provide the necessary information in the submittal of the construction documents to show that all the approvals by the Division of State Lands have been met for wetlands disturbance. 18. All roof drains, area drains., and crawl spaces shall have positive drainage away from the structure, and shall be connected to a curb drain, or an approved storm sewer. Developer shall provide. the necessary storm drainage. improvements in all streets to insure that all lots will drain properly as stipulated above. 19. A Soils Engineer must evaluate the strength of the soil (R-Value) to determine the street section design. The City's Engineer shall be used, and the Developer shall pay the costs of these services.. N. 10th Street shall be designed for minimum 20 7 - RESOLUTION NO. l_PS'I (021893) year life, given a daily traffic volume of 10,000 vehicle trips per day and 10% truck traffic. Cherry Street shall be designed for a minimum 20 year life, given a daily traffic volume of 1500 vehicle trips per day, and 20 truck traffic. Passed by the City Council and signed by me in aut~ enptication of its passage this ~~ day of c:.L_c Y~`~,1,r.n~h'.nl~ , 1993. ~~ May, Ro er Westensee ATTEST• City Repre~tatTive Approved by me this ~ ~ day of -o~~,~. 1993. 6' > r ~ _ Mayo Roger Westensee 8 - RESOLUTION NO. /D ~ (021893)