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CU25-005 Staff Decision
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CU25-005 Staff Decision
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Last modified
2/6/2025 2:10:55 PM
Creation date
2/6/2025 2:04:36 PM
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Land Use
Case_Number
25-005
Document_Date
2/6/2025
Land Use Type
Conditional Use
Tax_Lot_Number
051W18D000201
Document_Type
Decision
Site_Address
515 S PACIFIC HWY
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The site is adjacent to Pacific Highway No. 081 (OR99E) and is subject to state laws administered by <br />ODOT. This property has single access directly to OR99E split by a landscaped area delineating entry and <br />exit. The existing access is presumed to have written permission. The applicant should appropriately sign <br />and stripe the entrance and exit to avoid conflicting movements. <br /> <br />The applicant is not proposing any work on highway right-of-way. <br /> <br />ODOT has no objection to the proposal. <br /> <br />All other contacted agencies either failed to comment or stated no objection to the proposal. <br /> <br />6. All conditional uses are subject to the general criteria in MCC 16.40.020, these include: <br /> <br />(a) The use is listed as a conditional use in the zone, or is otherwise identified as a conditional use and is <br />consistent with the intent and purpose of the zone and the provisions that authorized consideration as a <br />conditional use. <br /> <br />The proposed automotive dealership business is listed as a conditional use in zoning code MCC <br />16.07.010(A)(40)(c). Therefore, this criterion is met. <br /> <br />(b) The parcel is suitable for the proposed use considering such factors as size, shape, location, topography, <br />soils, slope stability, drainage and natural features. <br /> <br />The parcel is adjacent to other commercial zoned properties including a gasoline station. Additionally, the <br />parcel is generally flat and has no streams or natural resources on it. Drainage requirements will be made a <br />condition of approval and will be properly addressed by LDEP’s comments. The property has a septic <br />system and a shared well with the adjacent CG-LU parcel. Therefore, the criterion is met. <br /> <br />(c) The proposed use, as conditioned, will not substantially limit, impair, or preclude the use of surrounding <br />properties for the uses permitted in the applicable zone. <br /> <br />Most of the surrounding zones are commercial related with the majority of them being zoned Commercial <br />General. There is one parcel to the south that is zoned commercial retail and urban transition 20 (CR/UT- <br />20). The proposed use would not substantially limit, impair, or preclude the use of surrounding properties, <br />especially the ones zoned for commercial uses. <br /> <br />(d) The proposed use, as conditioned, will not have a significant adverse effect on air or water quality. <br /> <br />The automobile sales business is not expected to have an adverse effect on air quality. The applicant shall <br />ensure that all automotive washing and detailing takes place on a hard surface made of concrete or asphalt <br />and that all vehicle repairs will take place inside an enclosed building. The criterion is met. <br /> <br />(e) Adequate public and utility facilities and services to serve the use are available or will be made available <br />prior to establishment of the use. <br /> <br />The property has a septic system and a shared well. LDEP has commented about storm water management. <br />The criterion is met. <br /> <br />7. In addition to these general criteria, in order to approve an Automotive Dealership in a CG zone the use standards <br />criteria in MCC 16.26.580 must be satisfied: <br /> <br />A. The lot shall be paved with a concrete or asphalt hard surface. <br /> <br />The proposal has been conditioned to meet this standard. The use as conditioned can meet the criterion. <br />
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