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HomeMy WebLinkAboutAgenda Report - January 2, 1985 (60)RB4UEST FMI Council was presented with an exhibit depicting the parcel DART MTTAINIM map which divides the Teresi property into two parcels. The CORPORATICNTO parcel split includes a 16 acre parcel on the west side of DEFFR SZ= Myrtle Street and Dart Container Corporation's 29 acre parcel DTFOVFIVM'S CN on the east side of Myrtle Street. NIY7ITI.ls ST= A copy of the City Code outlining the City's off-site improvement and dedication requirements was presented for Councils' perusal. These requirements indicate that when a development takes place, similar to the proposed Dart Corporation development, that certain standard off-site improvements must be 'installed fronting the property being developed. Under Section 5-22, the City may defer all or portions of the required improvements if the Public Works Director determines that it's in the City's best interest to cause all of the work to be done on an area -wide basis. In this particular case, because the construction of half of Myrtle Street would provide for two travel lanes and a parking lane, and since all of the required utilities are being installed in the Myrtle Street alignment, and based on requirements made of other industrial developments, the Public Works Department has required that the Myrtle Street improvements (i.e. curb, gutter, sidewalk and street paving) go in at this time. Therefore, Dart Container Corporation is appealing to the City Council, under Section 5-28 of the City Code, that the Myrtle Street improvements fronting their property not be required until the adjacent Myrtle Street property develops. Since Dart Corporation is not developing along the Pine Street frontage of their property at this time, the Pine Street improvements are not being required now. Following discussion, with questions being directed to Staff, Council, on motion of Council Member Reid, Snider second, granted the request of Dart Container Corporation to defer street improvements on Myrtle Street, and authorized the Public Works Director to sign the Dart Container Corporation Parcel Map as being technically correct. (7) TO: City Council FROM: City Manager DATE: December 27, 1984 COUNCIL COMMUNICATION SUBJECT: Request from Dart Container Corporation to Defer Street Improvements on Myrtle Street RECOMMENDED.ACTION: That the City Council discuss the information presented and take the appropriate action. BACKGROUND INFORMATION: Attached as Exhibit A is a copy of the parcel map which divides the Teresi property into two parcels. The parcel split includes a 16 acre parcel on the west side of Myrtle Street and Dart Container Corporation's 29 acre parcel on the east side of Myrtle Street. A copy of the City Code outlining the City's off-site improvement and dedication requirements is attached as Exhibit B. These requirements indicate that when a development takes place, similar to the proposed Dart Corporation development, that certain standard off-site improvements must be installed fronting the prop- erty being developed. Under Section 5-22, the City may defer all or portions of the required improvements if the Public Works Director determines that it's in the City's best interest to cause all of the work to be done on an area - wide basis. In this particular case, because the construction of half of Myrtle Street would provide for two travel lanes and a parking lane, and since all of the required utilities are being installed in the Myrtle Street align- ment, and based on requirements made of other industrial developments, the Public Works Department has required that the. Myrtle Street improvements (i.e. curb, gutter, sidewalk i..id street paving) go in at this time. Therefore, Dart Container Corporation under their attached letter, see Exhibit C, is appealing to the City Council, under Section 5-28 of the City Code, that the Myrtle Street improvements fronting their property not be required until the adjacent Myrtle Street property develops. Since Dart Corporation property at this time, 1_6� Jac L. Ronsko Public Works Director Attachments JLR/eeh APPROVED: is not developing along the Pine Street frontage of their the Pine Street improvements are not being required now. HENRY A. GLAVES, City Manager FILE NO. . ... ....._..:.. ..:...... ,-.............-.•..::w.�..s=�u�na:;w«n.,,.:yw..5..ca:.<:i+:.w„+e�..an:w:�:is:.u+w �,�-ism:.:iwiul:uisw+c�iui�d.iiu�«o'riu�Y$utY2aueen�:.r.m.�.e.. .. .w.iso_Ss1rA=::S.���^.•s�si.�....— Article V. Off-site Improvements and Dedications. Sec. 5-19. Purpose. . The purpose of this article is to set forth requirements for the installation of nonexistent or inadequate nonconforming public oft -site improvements and the dedication of public rights-of-way and easements as a condition to the issuance of a building permit or development approval in order to protect and improve the public's safety, convenience and general welfare. (Ord. No. 1142, § 2 ', See. 5-20. Definitions. For the purpose of this article, the followbia words and phrases shall have the meanings respectfully ascribed to them by this section: "Development" means all residential, commercial and industrial construction or remodeling, as well as developments of public agencies, including but not limited to on-site parking facilities, open storage areas, and other similar improvements which may or may not require a building permit. "Off-site improvement" means all publicly owned facilities that are or will be located in the public right-of-way which typically include, but are not limited to, curbs, gutters, sidewalks, street paving, storm drains, water mains, sewer lines, fire hydrants, electrical facilities, street lights and landscaping. (Ord. No. 1142, § 3.) Sec. 5-21. Development must comply. No building permit shall be issued for a development nor shall an on-site parking facility, open storage area or other similar improvement be created or constructed within the city unless compliance is made with the public off-site improvements and dedication requirements set forth in this article. (Ord. No. 1142, § 4.) Sec. 5-22. Exceptions and deferments. (.) The requirements of section 5-21 shall not apply if the cost of development within any twelve-month period is deter- mined by the public works director to be less than ten thousand dollars. This amount shall be adjusted by the public works director on July 1st of each year based upon the change of the U.S. Avera f.,e En�.tineering News -Record Building Cost Index, using the following formula: Amount = S 10,000 X ENR Index for June 1936 (ENR Index for June 1980) and that the amount shall be rounded to the nearest one hun- dred dollars. (b) The city may defer compliance with the requirements of section 5-21 if the public works director determines that it would be in the best interest of the city to cause all or a - -- ion of the work to be done on an area -wide basis; provided, t,tat the property owner enters into an agreement with the city agreeing that the property owner will undertake and start the construction of the required improvements within ninety days after notice is given by the city. The agreement shall further provide that in the event of default in undertaking and completing the required improvements within the time specified, the city may cause such work to be done and the cost thereof to be assessed as a lien against the property. Such agreement shall also be considered as a covenant running with the land and shall be recorded in order to constitute notice to any prospective buyer of such property. The city manager is authorized to execute such an agreement for and on behalf of the city. (Ord. No. 1142, § 5; Ord. No. 1205, § 1.) Sec. 5-23. Off-site improvement requirements. The off' -site improvements required for all developments under this article are as follows. (a) Curb, gutter, sidewalk, driveways and street improvements shall be installed fronting all portions of the developer's property being developed which fronts upon a Public .street or future public street. Said improvements shall be in accordance with the then current city policie, and city standards. (b) Fater, sewer, storm drains, and landscaping shall be installed in accordance' with the then current city policies anti city standards. (c) Electrical facilities and street lights shall be installed in accordance with plans prepared and approved by the city utility department. (d) Plans showing the off-site improvements shall be prepared by a registered civil engineer unless waist d by the public works director. -.. 11 (e) The installation of off-site improvements within existing, public right-of-way requires an encroachment permit from the city. (f) If off-site improvements exist that do not meet existing city standards or are inadequate or a hazard to th,• general public, then these off-site improvements shall be reconstructed to current city standards. (g) No occupancy permit shall be issued or utility connections made unless the required off-site improvements and dedications nave been completed and approved. (Ord. No. 1 I 42, § 6.) Sec. 5-24. Standard dedications. The public right-of-way and easement dedications required under this article shall be in conformance with the then current city design standards and adopted specific plans. The required dedications shall be made prior to the issuance of a building permit or allowing the development to proceed. (Ord. No. 1142, § 7.) Sec. 5-25. Guarantee and permit issuance. Any person required to construct off-site improvements under this article shall either complete same to city specifications or shall guarantee such completion by furnishing to the city, prior to the issuance of a building permit, or allowing a development to proceed, a surety bond, instrument of credit, or cash in the amount of the development's construction cost. (Ord. No. 1142, § 8.) Sec. 5-26. Inspection and approval. Off-site improvements required under this article are subject to the inspection and approval of the public works director. (Ord. No. 1142, § 9.) -c. 5-27. Fees. The then current applicable development fires must be paid )prior to the issuance of a buildin., permit, or aiiow;m: a development to proceed to cover the following: (a) Master storm drainage acreage fee; (b) In -tract storm drainage acreage fee. (c) Engineering fee; (d) Other established development fees. (Ord. No. 1142, 10.) Sec. S-28, Appeal. Any person required to make improve wents or dedications under this article may appeal any decision of the public works director to - the city council. Such appeals shall be in writing and shall be filed with the city clerk within fifteen days of the date notice of the decision is made. The city council shall hold a hearing on the appeal within thirty days of the date on which the appeal was filed. The city clerk shall send written notice of the hearing to the appellant at least seven days prior to the date of the hearing. The determination of the city council shall be considered as final. (Ord. No. 1142, § I i.) r; vim` DART CONTAINER CORPORATION olf CITY O F L O Dd MASON, MICHIGAN 46854 • TELEPHONE (5173 676-3600 • TLX 910-997-0111 December 21 , 1984 City of Lodi California Public Works Director 221- !Test Pine Street Lodi, CA 95241 ATTN: Mr. Jack L. Ronsko: Dear qtr. Ronsko: I do appreciate all the assistance and guidance that we have received by yourself and the city officials of Lodi. I have reviewed the latest site plan of our chosen location in your industrial park. The site is between Victor and Pine Streets with the proposed Myrtle Street extension on the west and the East Side Winery and railroad tracks on the east. The Myrtle Street extension is -accepted by Dart Container Corporation in the location noted on the tenative parcel map dated December, 1984. We do request that you not plan to install Myrtle Street at this time as it is not necessary for our operation and would become an undesirable financial burden to this new facility at this time. We do recognize that we will be required to participate in the street installn:tion at some time in the future. We would like this decision to install the street to be deferred until absolutely required by the city out of necessity or development of the adjacent Myrtle Street property. Thank you for your continued.as-;stance. Sincerely, Roy M. Johnson P.E. Facilities Planning Manager Enclosure BRANCH PLANTS: PENNSYLVANIA- ILLINOIS -GEORGIA -TEXAS CALIFORNIA• KENTUCKY- FLORIOA MEMORANDUM, City of Lodi, Public Works Department TO: City Council FROM: Public Works Director DATE: December 28, 1984 - SUBJECT: Dart Container Corporation Parcel Map Attached is a parcel map splitting the Teresi parcel into two parcels, the larger 2.9 acre parcel being for the proposed .Dart .Container. Corporation development. This memo is to indic t._ t_ the Council that we will be dis- cussing the alignment of Myrtle Sr. relates to the proposed parcel map as a non -agenda item at the City at' meeting of January 2, 1985. In order to help process the Dart -: �,relopm�-_nt and the subject parcel map, the Planning Commission is holding special meeting. This parcel map is dedicating the required right-of-way on Myrtle Street. However, the align- ment of Myrtle Street deviates slightly from the adopted Myrtle Street Specific Plan. The proposed alignment conforms to the conceptual design of the Specific Plan and ties in at the proper location at both Pine Street and Victor Road. I will be asking the City Council for authorization to sign the parcel map as being technically correct. It will then be our intent, once the map is recorded and the parcel sold, to change the specific plan to conform to the alignment designated on the attached sheet and the proposed parcel map. This formality problem was not uncovered until late Friday. However, in order to provide every effort to keep the Dart Corporation on their proposed schedule, we are bri ing this item to you as a non -agenda item. ac L. Ronsko ubl c Works Director A achment JLR/eeh so IL ia ILIA .4 00 V -M =fes . 0 O Q ,� M O SIL DU o 0 v d T 0 6 t Mi 00 m 0 O Q ,� M O Cl) DU o 0 CITY COUNCIL JOHN R. (Randy) SNIDER, Mayor CITY O F T � �J j J ■ ■ ■ I DAVID M. HINCHMAN $� Mayor Pro Tempore CITY HALL, 271 WEST PINE.STREE7 EVELYN M. OLSON POST OFFICE BOX 320 JAMES W..PINKERTON, Jr. LODI, CALIFORNIA 95241 FRED M- REID (209) 334-5634 January 3, 1985 Mr. Terry Piazza c/o Baumbach and Piazza Consulting -Engineers 323 West Elm Street Lodi; CA 95240 Dear Terry: tKNRY A_ CLAVES. Jr. City Manager ALICF'M_ REIMCHE City Clerk RONALD -W STEIN City Attorney - RE: Tentative Parcel Map - T£RES1 - Dart Container Corporation File No. M-84-18 The Lodi Community Development Department has completed its review of your request on behalf of John Teresi and Dart Container Corporation for the approval of the Tentative Parcel Map to divide the property at 1400 Victor Road (APN 049-040-23) into two parts with Parcel "A" containing 15.85 acres and Parcel "B" containing 29.26 acres in an area zoned M-2, Heavy Industrial. At a Special Session of the Lodi City Planning Commission scheduled for 5:15 p.m., Monday, January 7, 1985, the City Staff will recommend approval of this Tentative Parcel Map with the following conditions: 1, that public utility easements as required by the various utility companies and the City of Lodi be dedicated; 2. that the develc pay all appropriate fees in effect at time of issuance of Building Permit and enter into all applicable agreements; 3. that existing wells and septic tanks be abandoned in conformance with City requirements at the time of development; and 4. that all necessary street right-of-way be dedicated. At the City Council meeting of Wednesday, January 2, 1985, the following actions, concerning this project, were taken: 1. that the improvement of Myrtle Street can be delayed until such time as the City calls for its development; and r. Terry Piazza /o Baumbach and Piazza January 3, 1985 Page 2 Ni 2. that the Public Works Director may sign the Final Parcel Map with Myrtle Street aligned -as shown. Our Public Works Department will be forwarding the necessary agreements concerning the Myrtle Street development to the appropriate parties. Sincerely, JAEES S. SCHRO DER �o unity Development Director cc: John Teresi Roy Johnson, Dart Container Corp. Ted Heil, Schaffer Suess and Boyd Public Works Director --'