From: Mac Corthell
Sent: Mon Dec 07 14:43:56 2020
To: Gerald Fisher
Subject: Food Cart at NV Feed ZC01-2020
Importance: Normal
Hi Gerald,
I’m finishing up this person’s ZC to place 1 permanent food cart at NV Feed. It will obviously trigger transportation SDC’s, will trigger SDR, and would trigger roadway development as a condition. However, with their frontage being what it is I think the following code provision may apply, but is ultimately up to you whether to allow it. I think item C applies to this situation but need your concurrence, or dissent in order to advise them fully on their process. If you waive the present requirement in accordance with this provision, I would require them to sign and record a non-remonstrance agreement that would allow us to form a LID at some time in the future and have a more significant chunk developed.
5. The City Engineer may waive or allow deferral of standard street improvements, including sidewalk, roadway, bicycle lane, undergrounding of utilities, and landscaping, as applicable, where one or more of the following conditions in subdivisions (a) through (d) is met. Where the City Engineer agrees to defer a street improvement, it shall do so only where the property owner agrees not to remonstrate against the formation of a local improvement district in the future.
a. The standard improvement conflicts with an adopted capital improvement plan.
b. The standard improvement would create a safety hazard.
c. It is unlikely due to the developed condition of adjacent property that the subject improvement would be extended in the foreseeable future, and the improvement under consideration does not by itself significantly improve transportation operations or safety.
d. The improvement under consideration is part of an approved partition and the proposed partition does not create any new street.
Let me know either way. Thank you!
-Mac
Macahan “Mac” Corthell, J.D. | Planning Director
City of Molalla
117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038
Phone - 503.829.6855
Fax – 503.829.3676
Email – mcorthell@cityofmolalla.com
Website – http://www.cityofmolalla.com
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