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HomeMy WebLinkAboutPlanning Commission Packet - June 3, 2003CITY OF CENTRAL POINT PLANNING COMMISSION AGENDA June 3, 2003 - 7:00 p.m. Q fl f~ Next Planning Commission Resolution No. 572 I. MEETING CALLED TO ORDE12 II. ROLL CALL ~ c jf . ~` ~ ,, _~, ~~~ Chuck Piland -Candy Fish, Don Foster, Paul Lunte, Rick Perry and Wayne Riggs III. CORRESPONDENCE IV. MINUTES A. Review and approval of May 6, 2003, Planning Commission Minutes V. PUBLIC APPEARANCES There will be a presentation on the new library from 7:00 p.m. - 7:30 p.m. VI. BUSINESS A. Public Meeting to review a site plan application that would allow the construction of a commercial garage. The subject parcel is identified on Map 37 2W 11BC, Tax Lot 4100. Applicant has requested a continuation of the site plan review. B. Public Meeting to review a site plan application that would allow the construction of a Drive Through Coffee Stand at 536 East Pine Street. The subject parcel is in a TOD-EC, Employment Commercial Zoning District and is identified on Map 37 2W 02CC, Tax Lot 6700. C. Public Meeting to review the final development plan for the Sequoia Place Planned Unit Development (Habitat for Humanity). The project is at 431 North Second Street in a TOD-MMR, Medium Mix Residential zoning district on Map 37 2W 03DB, Tax Lot 800. D. Public Meeting to review the final development plan for the Mingus Creek Plam3ed Unit Development. The project is located near the intersection of Shadow Way and Freeman Road in a R-3, Residential Multiple Family zoning district on Map 37 2W 11BA, Tax Lots 8600, 8800 and 8900. Pc060320036 E. Public Meeting to review the final development plan for the Cascade Meadows Planned Unit Development. The project is located near the intersection of Beall Lane and Chicory Lane in a TOD-LMR, Low Mix Residential zoning district on Map 37 2W 11 C, Tax Lot 9500. VII. MISCELLANEOUS A. Cedar Park VIII. ADJOURNMENT 1'c00032(103b City of Central Point Planning Commission Minutes May 6, 2003 I. MEETING CALLED TO ORDER AT APPROXIMATELY 7:00 P.M. II. ROLL CALL: Chairman Chuck Piland, Rick Perry, Candy Fish, Paul Lunte, Don Foster, Wayne Riggs and Connie Moczygemba were present. Also in attendance was Tom Humphrey, Planning Director; Matt Samitore, Conununity Planner; Ken Gerschler, Community Planner; and Chris Clayton, Sr. Public Works Technician III. CORRESPONDENCE There was correspondence relating to Item F. IV. MINUTES Commissioner Fish made a motion to approve the minutes from the April 1, 2003 meeting. Commissioner Lunte seconded the motion. ROLL CALL: Perry; yes, Fish, yes; Lunte, yes; Foster, yes; Riggs, yes; Moczygemba, yes. Motion passed. Commissioner Fish made a motion to approve the minutes from the April 15, 2003 meeting. Commissioner Lunte seconded the motion. ROLL CALL: Perry; yes, Fish, yes; Lunte, yes; Foster, yes; Riggs, yes; Moczygemba, yes. Motion passed. V. PUBLIC APPEARANCES There were no public appearances. VI. BUSINESS A. The Planning Department will review an `expedited land partition' with the Planning Coramissime A4inures Alay 6, 2003 Page 2 commission fortheproposedskateparkneartheintersectionofFourthandBush Streets. The property is identified by the Jackson County Assessor as Map 37 2W 11BA, Tax Lot 2200 and Map 37 2W 11BB, Tax Lot 8300. Ken Gerschler, Community Planner; presented the Planning Department Staff Memorandum. He explained that the City has been working on the skate park development and has been applying for grants for the fund it.. Due to pending grazrt application deadlines, it was necessazy to expedite this partition and create a separate parcel at Fourth and Bush Streets for the skate park. This will be handled administratively. Notices were mailed to surrounding property owners regarding the expedited land division. There were no comments received againstthis partition. The commission concurred with the staff's decisionto proceed administratively and Chairman Piland moved to Item B. B. The Planning DepartmentwilladdresstheCommission concerning development phases on a previously approved Tentative Plan application known as Pheasant Creek Estates Subdivision, identified as Map 37 2W lOCB, Tax Lots 1900 and 2200. Ken Gerschler explainedthatthisitemiscomingbeforethePlanningCommissionagain, sincetheoriginal approval ofthis application did not include phasing. The property owner's Michael and Cheri Williams are postponing their portion of the development in the northern section. Mike Duncan, the applicant is requesting approval of development phases, so that he can continue with his portion ofthe development. The proposed Phase I, is the larger portion of Pheasant Creek Estates, and will develop immediately. Phase II, will develop later. The open space is in Phase II and will remain part of Phase II. If phasing is approved, the City wants to be sure that if anyone else buys the Phase II portion, that the plans would be adhered to. If new owners were to buy the property, they would be shown the plans. If new owners decided they did not want to stick with the original approved plans, they would have to resubmit plans and go through the standard approval process. Commissioner Fish made a motion to adopt Resolution 569, approving two phases of development for the previously approved Pheasant CreekEstates Subdivision. Commissioner Riggs seconded the motion. ROLL CALL: The motion pass unanimously. C. Public meeting to review a preliminary development plan fora 6-lot subdivision Planning Convnissiae dlinums May 6, 2003 Page 3 near the intersection of North Tenth Street and Crest Drive. The proposed Planned Unit Development known as Dawn Hope Estates, is -ocated in an R-1-6, Residential Single Family zoning district on Map 37 2W 03AD, Tax Lot 9300. Matt Samitore, Community Planner; presented the Planning Departments StaffReport. He explained that the Planning Department has been working on design solutions for this lot for about two years. Due to the irregular shape and tighter restrictions under a regular subdivision application, this lot could be developed more efficiently, and fit more appropriately with the surrounding properties as a PUD. Sidewalks will have to be worked out with Public works. The service road will have to be aprivate road since it istwenty-two feet wide. It will have to meet the Public Works private road standards. There will also be a small private park at the entrance. The applicants will need to foam a Home Owners Association to maintain the park area and private road. Mike Thornton, ofThornton Engineering addressed the commissioners on behalfof Dawn Hope Estates. Commissioner Foster asked Mr. Thornton ifhe had any questions regardingthe Public Works StaffReport. Mr. Thornton asked for approval ofthe concept, but would like the flexibility ofworking some items out with Public Works. Chairperson Piland closed the public portion of the meeting. There was discussion about parking, and it was agreed that there should be ample parking. Commissioner Lunte made a motion to adopt Resolution 570, approving the Preliminary Development Plan for Dawn Hope Estates, a Planned Unit Development, subject to the recommendations of the affected agencies, the Public Works Staff Report, and the Planning Department's Conditions of Approval. Commissioner Fostersecondedthemotion. ROLL CALL: Motion passed unanimously. D. Pubic meeting to review a site plan application that would allow the construction of a commercial building at 431 S. Front Street. The subject parcel is in a TOD- GC,General Commercial Zoning District and is identified on Map 372W 11BC. Tax Lot 4100. Matt Samitore, Community Planner addressed the Commissioners regarding this application. Mr. Sainitore explained that there have been new issues develop in the last week, including new conditions required by O.D.O.T. Planning Commission A9inutes May 6, 2003 Page 4 This lot has a T.O.D. overlay zoning which requires certain landscaping and parking standards. The Commission could designate more parking spaces ifnecessuy. There is ample time to work these issues out, therefore, the applicant requested this item be continued. The Planning Department will re notice when it is scheduled to come before the Planning Commission again. Commissioner Fish made a motion to continue this application at a later date. Conunissioner Riggs seconded the motion. ROLL CALL: Motion passed unanimously. E. Public meeting to review a site plan application that would allow the construction of a duplex behind the house at 833 Laurel Street. The parcel is located in the R- 3, Residential Multiple Family District on Map 37 2W 02CB, Tax Lot 5000. Chairperson Piland asked ifthere were any conflicts of interest or ex parte communication to declare. Commissioner Fish stated that she has conflicts of interest and ex parte cornrnunications. Ken Gerschler, Community Planner presented the Plarming Departments Staff Rep~te,explained that it meets all the requirements for the zoning district. There is an existing garage forthe current residence that will continue to take access from Laurel. There will be atwo-vehicle carport and an additional uncovered concrete parking area for the proposed duplex. It is I 0 feet from the alleyway, with adequate space for maneuvering. There will have to be alley improvements including storm drainage, since there will be increased alley usage and more storm water runoff. There is existing sewer service located on Laurel which will reach the duplex. The Building Official will be reviewing the plans for fire and safety issues. If there are any, the applicant will need to meet the requirements of the Building Department also. There is some landscaping shown on the plan. However staffwould like better landscaping and irrigation plans. They will need to be submitted prior to any building being started, and will require that the plans include three street trees. There was Borne discussion as to whether or not any improvements would be made to the existing home at the same time so that the proposed duplex will match the existing home. The applicant stated that there will be improvements made to the existing home and is in the preliminary design stages. Chairman Piland closed the public portion of the meeting. Commissioner Foster made a motion to adopt Resolution 571, approving the Site Plan for the construction of a duplex behind an existing house located at 833 Laurel Street, subject to the requirements (if any) from the Building Department, the Public Works Staff Report, and the Planning Department Conditions of Approval. Commissioner Perry secondedthemotion. ROLL CALL: Perry; yes, Lunte, yes; Foster, yes; Riggs, yes; Moczygemba, yes; Fish, did not vote. Motion Plaivnittg Canmission Miivutes A~ay 6, 2003 Page 6 existing driveways on Hamrick Rd. They will not go through the existing subdivisions. There were discussions about whether sidewalks should be installed along the street There will be pedestrian pathways within the development, and common areas with non divided interests, along with a park that will be available to the public. The interior sidewalks are non-traditional but considered to be adequate and safe. Phillip Schwimmer, Architect for Beebe Wood, explained that the main purpose is to provide affordable homes for Is` time homeowners. The design is to encourage pride in ownership, and to promote a community oriented, park like development, appealing to younger working families. 'their focus is on home ownership with the formation of an association to ensure the upkeep and maintenance of open spaces. Landscaping will define private areas, rather than fencing. There were discussions regarding recreational vehicle storage. It was explained that this isn't a consideration, with so many storage facilities available to satisfy those needs. David Meltzer, spokeonbehalfoftheapplicants. He explainedthatthere aretwosimilardevelopments, one in Ashland and the other in Medford. These properties have improved in value approximately 15% per year. Eric Touzet,vice-presidentofthe Pazkwood Village Homeowners Association addressed the commission. Heexpressedconcernsaboutchildrenrumringfromyazdtoyazd,andplayingaroundparkedvehicles. He said that these homes look more like apartments and feels that each home needs its own yard. W ithout rear yards, it doesn't offer any privacy for the future homeowners in Beebe Wood, or the adj oining property owners of Parkwood Village. He also recommended that the two story homes be located toward the center of the development with the single story homes along the outside. Chairman Piland, asked if anyone would like to make a motion to continue the meeting past 10:00pm. Commissioner Lunte made a motion to continue. Commissioner Perry seconded. Several other residents ofParkwood Village spoke, all expressing similar concerns. The concerns ranged from the value oftheir property decreasing, density, traffic increases, the lack of privacy with two story homes being built along the outer portion of the development, and what the sel ling prices of the new homes would be. The three bedroom homes will be in the $150,000-160,000 price range Chairman Piland closed the public portion ofthe meeting, and commissioners directed questions to the applicants. Planning Commissiorv A4inuter b(ay 6, 2003 Page 7 Maurice Torano, of Galpin, LLC., addressed some ofthe issues. He stated that there will be restrictions on pazking, and added that each home will have a total of four parking spaces (two in the garage with room for two more in the driveway). Mr. Torano, said it was their intention to provide attractive, affordable housing, with an interactive community environment. In order for the selling prices ofthese homes to remain affordable, and cost effective for the developer, they would not be able to rnake these homes single story, without increasing the price. Craig Stone, addressed the commission again. Mr. Stone feels that sunounding property values will not drop. There will be noise increases only on a temporary basis, during daylight hours. Balconies are located on the front ofthe homes, so they should not pose a lack ofprivacy problem. However, living in an urban area, you have to expect to have less privacy. They are certainly open to possibly relocating the park. There were further open discussions regarding the placement of the park. Some ofthe Commissioner's ideas were to centrally locate the park, or move the park closer to the three bedroom units, or just leave it where it is. Commissioner Lunte made a motion to adopt Resolution 5'12, approving the Conditional Use and Preliminary Development Plan, knownasBeebeWoodaPlannedUnitDevelopment,subjectto the recommended conditions of approval alongwith limiting homes along the northern boundary to single story, the City must agree on the placement of the park, access to Brookdale should be part of the Phase I development, with safe pedestrian walk ways, worked out with City staff. Commissioner Perry seconded the motion. ROLL CALL: Motion passed unanimously. Mr. Humphrey, explained the appeal process again, should anyone want to appeal the Planning Commissions decision. VII. MISCELLANEOUS Due to the volume of applications, and other items the Planning Department is involved in, the City will have two Planning Commission meetings in July. VIII. ADJOURNMENT CommissionerLuntemadeamotiontoadjournthemeeting. Commissioner Riggs seconded the motion. ROLL CALL: Motion passed unanimously. Meeting was adjourned at 11:24 P.M. PLANNING DEPARTMENT MEMMORANDUM HEARING DATE:.Tune 3, 2003 TO: Central Point Planning Commission FROM: Matt Samitore, Community Planner SUBJECT: Public Hearing- Site Ptan Review for 37 2W 11BC, Tax Lot 4100 - Commercial Garage Applicant Scott Narramore 431 South Front Street Central Point, Oregon 97502 Agent David Kenyon 557 Eastwood Drive Medford, OR 97504 Pro er Same as Applicant Owner Pro er Description/ 37 2W 11BC, Tax Lot 4100 - 0.12 acres total. Zoning: C-5, Commercial Thoroughfare, with a TOD GC Corridor Overlay Summary: The applicant has requested a continuation of the Site Plan Review for the construction of a commercial garage. Authority: CPMC 1.24.050 vests the Planning Commission with the authority to hold a public hearing and render a decision on any application for a Site Plan Review. Notice of the Public Hearing was given in accordance with CPMC 1.24.060 (Attachment "A"). Applicable Law: CPMC 17.46.010 et seq. - C-5, Commercial Thoroughfare CPMC 17.65.010 et seq. - Exhibit B TOD Districts and Corridors - GC -General Commercial CPMC 17.64.010 etseq. -Off Street Parking and Loading CPMC 17.72.010 et seq.- Site Plan, Landscaping and Construction Plan Approval ~Z Discussion: The applicants architect was w~able to redo the drawings for the proposed garage before he left for a vacation in Australia. The applicant is requesting a continuation of this item for the July meeting so that they can have time to redo the drawings. Recommendation Staff recommends that the Planning Commission take one of the following actions: 1. Adopt Resolution No._, approving the Site Plan Review subject to the reconunended conditions of approval; or 2. Deny the Site Plan Review; or 3. Continue the review of the Site Plan Review at the discretion of the Commission. ~« PLANNING DEPARTMENT STAFF REPORT FIEARING DATE: June 3, 2003 TO: Central Point Planning Commission FROM: Matt Samitore, Comtnunity Planner SUBJECT: Public Hearing- Site Plan Review for 37 2W 02CC, Tax Lot 6700 - Drive-thru Coffee Building Ap r~licant A ent Pro er Owner Pro er Description/ Zonine• Summary: Tom Casey PO Box 745 Jacksonville, Oregon 97530 Same as Applicant Bill Patridge 333 Granite Street Ashland, OR 97520 37 2W 02CC, Tax Lot 6700 - 0.35 acres total. TOD-EC, Employment Commercial The applicant has requested a Site Plan Review for the construction of a commercial drive-thru coffee building at the new location of the Cash Connection. Authority CPMC 1.24.050 vests the Planning Commission with the authority to hold a public hearing and render a decision on any application for a Site Plan Review. Notice of the Public Hearing was given in accordance with CPMC 1.24.060 (Attachment "A"). Ap~iicable Law: CPMC 17.65.010 et seq. - TOD-EC, Employment Commercial CPMC 17.67.010 etseq. - TOD Building Design Standards CPMC 17.72.010 et seq.- Site Plan, Landscaping and Construction Plan Approval Discussion• The applicant has been meeting with City Staff for a couple of months to incorporate adrive-thru coffee building into the uew Cash Connection property. The property is located within the Transit Oriented Development, Employment Commercial zoning (TOD-EC). The zoning provides for a ~~ ^ Primary access is shown to be taken from South Sixth Street. The driveway has been redesigned to meet the Public Works Standards. C. To provide off-street parking and loading facilities and pedestrian and vehicle flow facilities in such a manner as is compatible with the use for which the site is proposed to be used and capable of use, and in such a manner as to improve and avoid interference with the traffic flow on public streets; ^ The applicant has provided for 11 parking spaces, approximately four more than what is required for the zoning district. The zoning district requires 6 spaces for the Cash Connection, or 1 per 500 square feet of floor area. The drive-thru parking requires 1 parking space. D. Signs and other outdoor advertising structures to ensure that they do not conflict with or deter from traffic control signs or devices and that they are compatible with the design of their buildings or uses and will not interfere with or detract from the appearance or visibility of nearby signs; ^ There will be hvo new signs added to the site. One on the building which will be a neon lettered sign and a new sign attached to the existing cash connection pole sign. The pole sign will be transformed into a monument sign with the Human Bean sign being installed below the existing pole sign. E. Accessibility and sufficiency of fire fighting facilities to such a standard as to provide for the reasonable safety of life, limb and property, including, but not limited to, suitable gates, access roads and fire lanes so that all buildings on the premises are accessible to fire apparatus; ^ An approval of this project would be subject to the recommendations of Jackson County Fire District Number 3 and BCV5A. Anew driveway apron will need to be constructed for alley access from Sixth Street. F. Compliance with all city ordinances and regulations; ^ The proposed construction meets the minimum setback requirements for the TOD Employment Commercial District, except for the front yard setback. The applicant has moved the building back in order to meet drive-thru vehicle stacking requirements. Staff is recommending the setback be approved as shown. G. Compliance with such architecture and design standards as to provide aesthetic acceptability in relation to the neighborhood and the Central Point area and it's environs. ^ The architecture of the building meets the TOD Design Guidelines and Requirements minimum standards. Recommendation Q~ Staff recommends that the Planning Commission take one of the following actions: 1. AdoptResolutionl~Io._, approving the Site Plan Review subject to the recommended conditions of approval; or 2. Deny the Site Plan Review; or 3. Continue the review of the Site Plan Review at the discretion of the Commission. Attachments A. Notice of Public Hearing B. Applicant's Application Packet and Exhibits C. Public Works Staff Report D. Planning Department Recommended Conditions of Approval ~7 Cs ~y o~ Ce~n teal Polt~ t A~~litnenf ',4' PL~INNING DL'PARTMsNT 'i'om S3umphrey, AICP Planning Director Ken Gerschler Community Planner Matt Saznitore Community Planner Rave Arkens Planning Technician Notice of Meeting Date of Notice: May 13, 2003 Meeting Date: June 3, 2003 Time: 7:00 p.m. (Approximate) Place: Central Point City Hall 155 South Second Street Central Point, Oregon NATURE OF MEETING Beginning at the above time and place, the Central Point Planning Commission will review a site plan application for coffee drive through to be constructed on a pazcel of property at 536 East Pine Street. The subject parcel is located in the TOD Employment Commercial(EC) Zoning District on Jackson County Assessment Plat 372W02CC, Tax Lot 6700. The Central Point Planning Commission will review the site plan to determine if the proposed development rneets the requirements of law. CRITERIA FOR DECISION The requirements for site plans are set forth in Chapters 17 of the Central Point Municipal Code, relating to General Regulations and Construction Plans. The proposed plan is also reviewed in accordance to the City's Public Works Standards. PUBLIC COMMENTS Any person interested in commenting on the above-mentioned land use decision may submit written comments up until the close of the rneeting scheduled for Tuesday, June 3, 2003. 2. Written comments may be sent in advance of the meeting to Central Point City Hall, I55 South Second Street, Central Point, OR 97502. ~~ 1S5 South Second Street ~ Central Point, OR 97502 ~ (541) 664-3321 ~ Fax: (541) 664-6384 3. Issues which may provide the basis for an appeal on the matters shall be raised prior to the expiration of the comment period noted above. Any testimony and written comments about the decisions described above will need to be related to the proposal and should be stated clearly to the Planning Commission. 4. Copies of all evidence relied upon by the applicant are available for public review at City Hall, I55 South Second Street, Central Point, Oregon. Copies of the satne are available at 15 cents per page. For additional information, the public may contact the Planning Department at (541) 664- 3321 ext. 292. SUMMARY OF PROCEDURE 436~/~ ~ ~~k 2 y .c ~ _\63~\ \ 71373/ C$t At the meeting, the Planning Commission will review the applications, technical staff reports, hear testimony frotn the applicant, proponents, opponents, and heaz argutnents on the application. Any testimony or written comments must be related to the criteria set forth above. At the conclusion of the review the Planning Commission may approve or deny the site plan. City regulations provide that the Central Point City Council be informed about atl Planning Commission decisions. 155 South Second Street ~ Central Point OR 97502 ~ (541) 664-3321 ~ Fax: (541) 664-6384 ._.. ~a l~1111(Jkt' l3 East Pine St Existing Cash Connection POLE SIGN ~- L .,- 40 b '•'(. Wa}er line I Trash Alley Tom Casey Proposed Human Bean at 6th and Pine Scale 1 "= 20' ~oposea sewer line •; ~-~ - i I I Pol ted deliniati ~ ~ ~ Pe estrlan Walk I I 75 I t 1 32 Building p ~ 11' rive }hru lane i .:: , 1 roposed buried electrical and phone i I I I Ij Existing Power Pole OJ .~~~~ `~' o~ U ,2q itv of Central Point ?) Public Works Department m~ ~e , Robert Pierce Public Works Director Rick Rnr[Ic[! Supervisor Clvis ClnyTnn Sr. Tech"icim! May 29, 2003 TO: FROM: SUBJECT: Central Point Planning Commission Public Works Department Mike Ono Teclulicimr Greg Grm~es Teclulicimr Karmr Roeber Sem'efary U Public Hearing- Site Plan Review for 37 2W 02 CC, Tax Lot 6700 Lis°a!m'~°" Sea'elmy! Human Bean Drive-thru Coffee Building Applicant Tom Casey P.O. Box 745 Jacksonville, Oregon 97530 Agent Same as Applicant Prooertv Bill Patridge Owner 33 Granite Street Ashland, Oregon 97520 Propertv 37 2W 02CC, Tax Lot 6700 - 0.35 acres total. Descrintion/ TOD-EC, Employment Commercial Zoning Human Bean Coffee Shop Standard Specifications and Coals The Central Point Public Works Department is charged with management of the City's infrastructure, including streets, waterworks, and storm water drainage facilities. In general, the Department's "Standard Specifications and Uniform Standard Details for Public Works Construction" shall govern how public facilities are to be constructed. The developer is encouraged to obtain the latest version of these specifications from the Public Works Department. 155 South Second Sri~eet ~ Central Point OR 97502 ~ (541) 664-3321 ext. 241 • Fax (541)664-6384 - 1 ~. Central Point Public Works is committed to working with the Planning Department and developers to assure that all developments are adequately served by public facilities. Public facilities not owned or maintained by the City of Central Point include: Power (PP&L), Gas (Avista), Communications (Qwest), and Sanitary Sewer (BCVSA). In working together it is the Department's expectation that the developer will feel free to call on the Department whenever the standard specifications are not, in the developer's opinion, adequately meeting the needs of the development. The Department will listen to the developer's concerns and work with the developer to achieve the best outcome. However, the Department is not obligated to assure a profitable development and will not sacrifice quality for the sole purpose of reducing cost to the developer. It is always the developer's obligation to provide the public improvements necessary, as deternined by the Public Works Department, to serve the development. The Department and the developer also have an obligation to assure that public facilities are constructed so that other properties are not adversely impacted by the development. Development Plmas -Required Infor»:ation It is essential that information presented on the plans be accurate and complete as they relate to existing and proposed public facilities, both surface and underground. All proposed new development shall meet the Department's standards, unless otherwise approved by the Department Director in writing. Calculations must be submitted to show the adequacy of proposed stoml drainage facilities. All required a civil engineer registered with the State of Oregon must complete required traffic analysis, water flow analysis, and stonn drainage analysis. Public Works Perir:it A Public Works Permit will only be issued after the Department Director approves the final construction drawings. After approval the fees associated with the development will be calculated and attached to the public works pennit. All fees are required to be paid in full at the time the Public Works Pennit is issued, except Public Works Inspection fees. After project completion during the final plat application process the Public Works hrspector will calculate the appropriate amount of inspection time to access the developer. Before the final plat application is processed the developer must pay the relevant inspections fees, and bond for any uncompleted improvements (as determined by the Public Works Department). Human Bear: Coffee Shop -Plans 1. Three sets of construction drawings to be submitted for review by the Department. Human Bean Coffee Shop -Water Connection It is the understanding of the Public Works Department that provisions have been made to supply the proposed development with a water service connection through coordination with the water connection of an adjacent on-site development. All City of Central Point Public Works & Building Department standards must be addressed when completing any water service connection. 155 South Second Street ~ Central Point, OR 975Q2 ~ (541) 664-3321 ext. 241 ~ Fax (41)664-6384 ~- ~ti Hurnarr Bean Coffee Shop -Streets 1. A one -way sign will need to be installed in the adjacent alleyway 2. The on-site parking lot will be required to have parking bumpers to prevent traffic conflicts between parked cars & drive-thru vehicles. 3. A driveway apron will be required at the alley entrance on 6`h Street. The driveway apron should be constructed to Public Works Standards & Specifications. Hurnau Beau Coffee Shop -Storrs: Drain 1. All storm drainage was addressed during the construction of the adjacent on-site development. Purpose Provide information to the Planning Commission and Applicant (hereinafter referred to as "Developer") regarding City Public Works Department (PWD) standards, requirements, and conditions to be included in the design and development of the proposed. Gather information from the Developer(Engineer regarding the proposed development. A City of Central Point Public Works Department Staff Report is not intended to replace the City's Standards & Specifications. Staff Reports are written in coordination with the City's Standards & Specifications to form a useful guide. The City's Standards & Specifications should be consulted for any information not contained in a Public Works Staff Report. 155 South Second Street ~ Central Point, OR 97502 ~ (541) 664-3321 ext. 241 • Fax (541)664-6384 c~ ATTACHMENT D RECOMMENDED PLANNING DEPARTMENT CONDITIONS OF APPROVAL The approval of the Site Plan shall expire in one year on June 3, 2004 unless an application for a building permit or an application for extension has been received by the City. The applicant shall submit a revised site plan depicting any changes discussed and approved at the public hearing within 60 days of Planning Commission approval. 2. The project must comply with all applicable local, state and federal regulations . The parking spaces must have a curb or bumper installed in order to delineate the drive-thru coffee access from customer parking. 4. A one-way sign will need to be installed on the alleyway. ~~ PLANNING DEPARTMENT STAFF REPORT MEETING DATE: June 3, 2003 TO: Central Point Planning Commission FROM: Ken Gerschler, Community Planner SUBJECT: Final Development Plan for Sequoia Planned Unit Development. A licant/ Owner: Habitat For Humanity Rogue Valley PO Box 688 Medford, OR 97504 Agent; Same as above Pro er Description/ 37 2W03DB Tax Lot 800 -approximately 0.41 acres. Zonine: TOD-MMR, Medium Mix Residential Summary The applicant, Habitat For Humanity requests that the Commission review and recommend an approval to the City Council concerning the Final Development Plan for the Sequoia Place Planned Unit Development. The site iszoned TOD-MMR, Medium Mix Residential and is located at 431 North Second Street. Authority CPMC 1.24.020 vests the Planning Commission with the authority to review Final Development Plans for P.U.D.'s. No public notice is required in this situation. Applicable Law CPMC 17.68.010 et seq. Planned Unit Development CPMC 17.65.010 et seq. TOD-MMR, Medium Mix Residential District i) Discussion CPMC Chapter 16.68 describes the requirement and application processes for Planned Unit Developments. Initially, the applicant submits a preliminary development plan with maps describing lot configuration, property boundaries and a schedule ofthe planned completion dates. Ifthe plan is approved by the Planning Commission, the applicant is allowed a period of six months to provide the City with a copy of the final development plan demonstrating that all of the conditions and requirements of the preliminary development plan have been met. The Planning Commission then reviews the Final Plan and makes a recommendation to the City Council who wil I make the ultimate decision to approve or deny the final development plan. The preliminary development plan for the Sequoia P.U.D. was approved by the Commission on October 1, 2002 subject to the conditions ofapproval described in Resolution 554. The applicant is confident that the project has met the assigned conditions of approval and has submitted the final development plan, building elevations and proposed Conditions, Covenants and Restrictions for review by the Commission. As the Commission is aware, the original approval included a stipulation that the driveway areas be reduced and converted to additional landscaping. The applicants have adjusted the parking configurations accordingly and have added landscaping to include grass and trees. The Public Works Department has identified that most of the conditions of approval have been satisfied except for the storm drain facilities. The department will require that this condition be met prior to issuance of building permits. Planning Commission Action The Planning Commission may take one ofthe following actions in regard to the final development plan for the Sequoia Planned Unit Development. 1. Recommend approval ofthe final development plan, based on the findings offact and conclusions of law contained in the record and subject to the recommended conditions ofapproval as set forth in Resolution 554; or 2. Recommend denial of the final development plan based on findings of fact articulated by the Commission. 3. Continue the review of the final development plan at the discretion of the Commission. F,xhibits A. Final Development Plan, Building Elevations- Sequoia Place B. Proposed Covenants, Conditions and Restrictions C. Planning Commission Resolution 554 D. Public Works Memorandum 16 ~ ~ ~ /l~L syCCyr~ 'a ~ C OVAL: ~ ~ ATf ~ ~ ~POiNT P4ANNING DEPARTMENT O 53a GOMMI$$fON RESOWi~ON NO. U tit ~ . ~ OVAL: ~ ' •y I T 1 'L' W 'D AND <PCROVEO T+IS_DAY OF r 1 zoaD _.¢vtvoR SEQUOIA PLACE A PLA NNEO COM R9UNITY SU Bf1I V/S10N L«Atto w: SE T/1 OF SECTON 3 i0MN5NIP 3> $W)H, RAN2 T KBT, INL(AMETTE BASE AND MERIDIAN, GTY OF CENTRAL POINT, JA[RSON COUNTY. OREGON PFEPARED fOR: HABITAT fOR HUMANIIT ROGUE VALLEY P.O. BO% 6BB MEDFORO, OR£CQN 9)301 E%AUwCD Arvp APGR01(O AS REq/IRED BY O R 5 93.100 A$ « zow ASSESSdL DEPAR)NENT LF ASSESSMENT ALL TAXES FEES AS$YYSU(Ni$ CK OTHER CNFRGES As FEWIREO BY dL5 9T.095 HA4E PEFM PAO AS OF ~ 1~' TAX CI;LLECIOR "i~ERRASURVEY, INC. PROFESSIONAL LANDSURYEYORS 2TI FOURTH STREET ASHUND, OAEGO,Y 9).S.TI LNIl A$2L01 IranmrblsprcT DATE P` SURI£Y: Y15-OS IERRA$VR LEY JJB MQ 31J-OJ ECR ME OROCR Cf M£ COUxtt LCMMISSIp1(RS MMONM% MI5 PLAT SCE YV.UMC _~~PALE~_Cf TIC. CDMUIt$IDYCRS .tlUflxK Of PROREDIHG. BALL OCRRREO MONUMENTS MLL BC SEi ND LA1EF MAN ND1fuBW 1. 3MJ. Ah'NA D'AMArO. EXECUTK DIRECTQi HABRAT fpR HUUewiY~ROLUE Y LIEY STATE OF OREGOrv )S.S GOVNiY OF CKSON) CN MI5, ME ~ OAY CF SWJ, BCFOtf ME AP-EARED ANxA D'AUAYO. ExCCUTIVf OIR£CipP LY NABRAT f~ HCMPCft50N~AOLLYEKNOLm.LY,xAO B vLG DVt~SWDRU. DWPS~AY M i10 ML SAID INSMUMCNi WAS SLNED BY HEF AND i0 BC NER fREt ACC ANO OLEO ~N TiIFY r )) s, R zwE, scc woe. rz eoo RICHARD E ALSPAf.N.PLS 1633 A(L OCFERREO !10.VUMENI$ ARC NOW SCI $FE OKY.VENT ND. OTpAL RCCptDS, JACKSM CIXINIY, PVECdN. M6 _ pAY Q~~ APPROKD BY .4LVSdJ GWNTY $UR14YCIi. JACKSON CgINTY iVFKYPR I CERTIFY Ma! M6 SVRIEY WAS PREPARED wM ARp1V4 pIH/lY uA EHiCii P CKRD EuK AS 6AOA DOVIIXNTNLnI L uN.AP PYC W2FE RECORDING: OLEO fOR PCCQRD TNS~_ DAY P` 1003, AY _OYt«X_ M AND RECORDED IN WLUME~__. vA¢ CF ME PUT REKFO$ LY J.A(x50.N COVNlY. OREGON ~Ntt C1FFK OEPUtt RICHARD f. ALSPAM HS 3651 DA)E PRELIMINARY 21i~id~ DATE7~- RIGIARD f. AIYACH. PL5161J SHEET T Di 3 DECLARATION: KNOW ALl NEN BY iH[$E PR£$CN iS SURVEYOR'S CERTIFICATE I, FICHARD F. ALS~AOI, AgRY REGISTEFEO PRCFESSIONAC LANp SUR1iYQP /I TNC SMIE 0" O"2bw. N0. 365J. Dp NERCRY CERTFY MAT I NAVE CLVLRECILY SUTEYFO AND MARKED MIM PROPER MgUUNENiS AS FRONDED BY UW. ME TRACT OF LAND SKOVM HEREON fIXLOMNG 9ExC AMT CCUR~MSCF PTEON Of M£ ]RALTE SAVE. ME 1~11:15~:_~ P \R( I:1_ I ~ 1 ~ IGWII P4R(liL 1 SCALE: I a 10' 1 `(~ 1"~I" DA1F OF S/R"EV; vuLH IJ. IODJ ~ I ~ 11 i_/,1I SEQUOIA PLACE A PLANNGU C'OMMUNI'TY SUL3UI VISION LocnsD IN: SE 1/4 OF SECTIQV 3 TONN$HlP J> SOUM RANGE 2 WEST, WILLAMETTE BASE AND MERIDIAN, Cltt OF CENTRAL POINL JACKSON COUNTY. OREGON PRI VATE ROAD WA YJ H 69'I-JO"C 19).99 - JI.W ~ J~.OJ J1.W~ I.92 %A I 1 la mNV3N oN al I LA~AW yl ~ IIR CWE PV LL~EAm ~ ~ IC .WEA nRCA A~ IS LnRC4W 1 8 1 I R 1 I I I X J I I a l tSN.~ ~ ru+_~ `, _.A14_~ I I 818 i F of „w_~ ci s- °I a i_ --+-~ ~ "I,Po --- pl a ~ ------ - L07 5 ,.m LOT 7 ~ L07 2 LOT 3 y~ LOT 4 Jsle.el so.Fr. 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ON pOCUVCNi NUI(BEft. OFF.CIAL REIXMOS. Q JACKSON COUNTY, OREGON O ACL DISTANCES ARE M fEfi ANO OECIMAtS MCR£C+ U w N NOTE VVLCSS DIMER.vrSE 14L,ICARD Tlf CODUpI RCA 90LUNCG Cpt LOTS I mRWLN A ARL LI M(R AR4CLL OR PCRPEIAINLAR 10 M( K52RLY (INC LOi I u.0 ME CWUON A4EA YOEUU[S SnR.Wfl OR PCRPCxgNUR IO MC NP9 MERCY L~'C Lf LOT PRELIMINARY ~2/14/b 3 DAif' I TERRASURVEY,INC. PROFESSIONAL LA.VU SURI'E1"ORS 3>4 FOUN ('1151RL'L'1' h5Hth4'D. ORk00N 915?U 154114ti?-G4i4 IrnamNbl,p.nel JOB N0. IIJ-OJ SEQUOIA PLACE A PLANNL-:D COMMUNI"I'Y SURDI VISIQN LoarEO .N. SE 1/a OF SEC NON J TOWNSHIP J> SOUiTI, RaNLE 1 xEST, WRUUEi1E BASE AND MERIp1AN, Cltt OF CENTRPL POINT, JACKSON CWNM OREGON PT. 'B' FOU+•'0 JJd~ IRPV PIPE FEF FS 9]6 '(17(:+J~ 11EI :L~ WIW k+E Pv'4'+{.:i.;Ej IIJ QIi~I. 2 N Ba515 OF BEARINGS I + DAY a wa+tn u.+Ra Is. 200J '°°°° ~ ~ GMSDINC 3' NL LK/+ALE FASM+r PER PARTnpN ' -' P,Ai P-.r+DDD ro 6e vAUrm OwAS" 1) w a' rna vumc oR.x+EE Evmar w fiE R ~ ~ a xac.w io +RE Om ar ([MRW. +u~r~ ffi $ i i `.' I ,8 _ / 0 FWNO 5/8' IP t] FpJrvO J/a" IRON PPE _ // RfF FS <991-A <' BELOn ORADf ' REit'f5 9l6 / I BEARS N 89'<9'JO' E. DN FR(A+ C(RNER J ~ ~„ IS).OJ FaY+9'JOF (CAST J35~ + u ` b' FORMERLY 1W25> PG.198 I ~ T FCNMEFLY BN R-]29O ($R.) m E n-2W-D.me I n Soo /~'-I^' REMANttR a Enm.B m swal/ I $~ G4uN i+SEUdr tl++MEp rp 9E oN 1 ~ p"CG'Tt4 PPIi RFM6l$95 ~ ~~n y.~It,L ~MA:n a,~'r'J~ eh`~"~-~6•~ r5] OS \ _ . )Sa9 ~- y rv _ 09'• ~FCVItl 5/8"IP, n0 CAP T \ ~ LK IOVNO Ol0 I/3 /RPV PIPE IN CA4CRElE BVRRiEO 6" ~ ~ ~ REFPS 82H9 ~ REF fS 8169 BENT rN xWtY OIRECi10n, LOCAriO Ai \ ~ \ J)-2N'-OJOC cR]ICAL EN1RAnCE In,O CONCFEiE MELD FOR EAST -WES! UNE BEPR$ rv e9'd9'$5' f, O.tJ FROM COfiNER ~~ \ n 2W ' \ F~ w ae yxE ILNCM tlEM•xB 4JW t1 tJ e.» i00J 10.0'J CUFVE TABLE VavE aA91V5 OE iA LC/:Cn+ CpxJ CI 91.00 J1.99 (J 1600 G: ILW J199 ~$IS AF RFARWG FOUND MOVUMENi$ AT P!'~ AND Pi-B" a$ µE$S PER SURVEY NO 9>6 PT.'N- FOU 0 +' OIA. A%LE B' BELOW GRADE REF: F$ 9l6 ->..w • - _ ~~ ~ /1~i`L ~ek:~f /J l;n. ~:-'l:; ~, r,~ G~F, YE :, ~D Y~hii T fbd saLr, va; P +- .!Y o~ ;O ,=:r v-n, ~ P~;*! EJISiING 10' PUBLIC Uiltl-ES L / EF$EIAENi PER P-e1-f999 8//{// I g~ ~'~I~µJ N~IL~.~,71;~A,JP~~p~f-v F.r. Gl(?••~~D/ ~ ~~K'r}-( S,: W~{~yDi2LEGEND I".vI M> P./ 8i~' W .. _...__. .. J _ PmvA¢RO.OW+r iAYMENi PEa~rp'11 i 8 ~ "I r~ h P`IM - I ~ ~ J ~ Na9Y9'YlZ ISIO - ~H:PD--.~.~... ~g `/P(RI V/y Tr E.. ROADWAY $ I R \ ~ KK II1Po ~•-J "' Ivzve ^ __ ..,._...__ _ _. ___-.___....._ O MTW CF EnSnHG Ie' SttRV M+M U4YG+(Y dAYIW i0 iNF piY ~ I U i CCH IRK PIXNi PER p+e)-05931 iO HC VACAItD _.___"-_~",~~/ I 1^ W - PHASE I I ~~ I (SEE SHEET 3) i $' ~~ N iWtMERLY M,L25] PGJ98 ---~ PROPER]Y LINE E<SEMENT o SE! 3/8' W %GP STadPED -ALSPALH RS 163J' / Fp1N0 5/9'IP w/CAP STAMPED 'aISPACN PS 266J' PER F$ 16101 a FOVND MONEMEN! AS NOIEO RfCORO DATA FROM 0 F. 91-TJ9B< ( ) Df'FICIAL I[LCRD$ JACKSON COUNTY OREGON, MM1ES$ OIHERNISE NOl£D F$ FLED $UmfY-JACKSON COUMY, OREGON Om DOCUMENT NUMBEF, OFFlCUL FECORDS. JACKSON CONNTY, QPECOH AU q$lANCES ARE IN FE£/ Ax0 DECIMALS MfREOF 3)-2w-OJOB iL 6M _ __ ___ )0' PUBLIC UlIURC$ EASEMENT (DEOICAlEO M15 PLAT) ~~^~ ISnaS 10' S(OPU ORVN GS}++Ort LAANRV N M p1Y CF -~~~ <Cx/R.+L P4xi P@ M 6)-Ce+bl NBC VAUIEO - _ ~ - ID9.piv .- _ '- ` E- Da + ~ INITIAL PQ'NT 55 . SE IJ16 fYMNER ( w F 3 + J33 ) fOUNO AXLE W/8RAS5 CENTER 11-BELOW piADE Rf: F$ 2<8, f$ 9)6. F$ <99I-A FS 8289 f5 5299 QN 89-211)6 ~ ~ N ybE '(~ 'Gi IY~ T ~D (;Yi Vh%A~'.._ ~r_..iJ-'(O ~U + :i ... +15 yo ~vG~Yl~i rw 3>-]w_D.k C y I R IW I~,f.l.., ~i 0h !•~ ef /IfY~LJr>A:: LSE V~.F":i ~F1~1-. Wi GJIM1P>~~iG ~ J ~ ~Y ~~~v Jl~~n 1'6RRASURVEY, 1NC. PRELIMINARY PROFESSIO~'AL LdA"D Sb'R 1'E1'ORS 1i: FO11H>H$TFfET l 7 DATE Joe No, zu-aJ ¢~pYtON ~ ~~.fd ~`~ R~ ~ ~•-o' s~ ~~y: s~ 11a"ti"' gaG%E~;: t-~' 5~ i~ CYty of r.;'e'.atfxal Point EXT~€~:~~~T ttB it Planning Department DECLARATION OF COVENANTS, CONDITIONS AND R SEQUOIA YLACE, A PLANNED COMMUNITY TO TIIE ~. _ _ ~ _ ___ . _ _ __ POINT THIS DECLARATION is made and executed in Jackson County, Oregon, this day of , 200Y, by ,hereafter referred to as "Declarant". The City of Central Point has issued approval for Sequoia Place Planned Unit Development located in the City of Central Point, Jackson County, Oregon. The real property is described on Exhibit "A" attached hereto. NOW, THEREFORE, Declarant declares that the real property described in Exhibit "A" is and shall be held and conveyed subject to the easements, conditions and covenants hereafter set forth; all of which aze for the purpose of enhancing and protecting the value, desirability and attractiveness of said property. These easements, covenants and restrictions shall constitute covenants to run with the land and shall be binding upon all persons or entities claiming under them and also these conditions, covenants and restrictions shall inure to the benefit and be limitations upon all future owners of said property or any interest therein. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to an association consisting of all owners in the Planned Community, their successors and assigns. Section 2. "Common Area" shall mean all real property and appurtenances thereto, now or hereafter owned by the Association for the common use and enjoyment of the members of the Association. Section 3. "Lot" shalt mean and refer to any separately designated plot of land shown upon the recorded subdivision map of the property with the exception of the Common Area. Section 4. "Member" shall mean and refer to every person or entity holding membership in the Association. Section 5. "Mortgage" shall mean a Deed of Trust or a Contract of Sale as well as a Mortgage. Section 6. "Mortgage shall also mean a beneficiary under a Trust Deed or a vendor (seller) under a Contract of Sale. Section 7. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of all or any part of said property but in the case of a sale under a contract, owner shall mean contract purchaser. Section 8. "Declarant" shall mean and refer to the undersigned, and their successors, heirs and assigns. ~~ The right of the Association in accordance with it's Bylaws to borrow money for the purpose of improving any Common Area and to encumber the Common Area for the purpose of financing the improvements. The right of the Association to suspend and members voting rights and/or right to use the Common Area, for any period during which any assessment against said member's property remains unpaid; for the period not to exceed ninety (90) days for each infraction of it's published rules and regulations; The right of the Association to dedicate or transfer all or part of the Common Area to any public agency, authority or utility for such purposes and subject such conditions as may be agreed upon by the members. No such dedication or transfer shall be effective unless an instrument signed by members entitled to cast three-fourths of the votes has been recorded in the appropriate records of Jackson County, Oregon agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every member not less than thirty (30) days nor more than ninety (90) days prior to such dedication or transfer; The right of Directors of the Association to promulgate reasonable rules and regulations governing such rights of use, from time to time, in the interest of securing maximum safe usage of common area by the members of the Association without unduly infringing upon the privacy or enjoyment of the owner or occupant of any part of said property, including, without being limited thereto, rules restricting persons under or over designated ages from using certain portions of the property during certain times. Section 3. Delegation of Use: Any member may delegate, in accordance with the rules and regulations adopted from time to time by the directors, his or her right of enjoyment to the Common Areas and facilities to tihe members of his or her family, tenants, or contract purchasers, providing they reside on the property. Section 4. Title to the Common Areas: The Declarant hereby covenants for themselves, their heirs and assigns, that they will convey to the Association fee simple title to the Common Area designated as such on the plat as recorded in the Jackson County Official Records, upon sale of the lots. ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments: The Declarant hereby covenants for all of said property, and each owner of any Lot by acceptance of a deed or contract for purchase therefore, whether or not it shall be so expressed in any such deed or other conveyance or agreement for conveyance, is deemed to covenant and agree to pay to the Association: Regular annual or other periodic assessments or charges; and, Special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The regular and special assessments, together with such interest thereon and costs of collection thereof; as hereafter provided; shall be a charge on the land and shall be a continuing lien on the property against which each such w~ assessment is made. Each such assessment, together with interest, costs and reasonable attorneys' fees, shall also be the personal obligation of the person who was the owner of such property at the time such assessment became due. The obligation shall remain a lien on the property until paid or foreclosed. Section 2. Purpose of Assessments: The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents of said property and in particular for the improvement and maintenance of said property, services, and facilities devoted to this purpose and related to the use and enjoyment of the Common area and of the Lots situated upon said property. Assessments may not be waived due to limited or non-use of the Common area. Section 3 Basis and Maximum of Annual assessments: Until January IS` of the year immediately following the conveyance of the first lot to an owner, the monthly assessment may be increased effective January ls` of each year by the Directors of the Association as necessary to accomplish the duties of the Board of Directors and objectives of the Homeowners Association. 'I']re Declarant shall not be assessed for any unimproved lots held for resale. The assessments shall begin immediately following the conveyance of the lot(s) to an owner. Section 4. Special assessment for Capital improvements: In addition to the annual assessments authorized above, the Association may levy in any assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of the described capital improvement upon the Common Area, including the necessary fixtures and personal property related thereto, provided that any such special assessment for structural alterations, capital additions or capital improvements shall require the approval of athree-fourths majority of the members who are voting in person or by proxy at a meeting duly called for this purpose, written thirty (30) days not more than sixty (60) days in advance of the meeting set forth for the purpose of the meeting. This section shall not prohibit the Directors from authorizing capital expenditures for replacements or repairs or improvements from funds generated by regular assessments. Section 5. Uniform Rate of Assessment: Both regular periodic assessments and any special assessments must be fixed at a uniform rate for all Lots and may be collected on an annual, quarterly or monthly basis at the discretion of the Board of Directors. Section 6. Quorum for Any Action Authorized Under Section 4: At the first meeting called, as provided in section 4 hereof, the presence at the meeting of members or of w~ proxies entitled to cast fifty-one (51 %) of all the votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, set forth in section 4, and the required quorum at such meeting shall be twenty-five percent (25%) of all the votes. Section 7. Date of Commencement of Anmial Assessments, Due Dates: The assessments provided for herein shall commence as to all Lots (other than unimproved lots held for resale by the Declarant) on the first day of the month following the conveyance of the Common areas to the Association. The Board of Directors shall fix the amount of the regular assessment at least thirty (30) days in advance of each annual assessment period. Written notice of the assessment shall be sent to every owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall upon demand at any reasonable time furnish a certificate in writing signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the members for the issuance of these certificates. Such certificate shall be conclusive evidence of payment of assessment thereinto have been paid. Not withstanding any other provisions contained herein the Declarant shall not be assessed for any unimproved lots held for resale. Section 8. Effect of Nonpayment of Assessments, Remedies of the Association: Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within ten (10) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and there shall be a Five Dollar ($5.00) late charge for each month that said assessments are not paid to cover the administration expenses of keeping the books and billings for same. The Association shall have a lien against the property as provided in ORS 94.709. The Secretary of said Association shall file in the office of the Director of Records, County Clerk, or appropriate recorder of conveyances of Jackson County, State of Oregon, within one hundred twenty (120) days after delinquency, a statement of the amount of auy such charges or assessments, together with interest as a foresaid, which have become delinquent with respect to any Lot of said property, and upon payment in full thereof, shall execute and file a proper release of the lien securing the same. The aggregate amount of such assessment together with interest costs and expenses and a reasonable attorneys' fee for the filing and enforcement thereof, shall constitute a lien on the whole lot with respect to which it is fixed and on any improvements thereon, from the date of delinquency thereof is filed in the office of said Director of Records or County Clerk or other appropriate recording office until the same has been paid or released as herein provided. Such lien may be enforced by said Association in the manner provided by law with respect to liens upon real property (ORS 94.709). The owner of said property at the time said assessment becomes due shall be personally liable for expenses, costs and disbursements including the reasonable attorneys' fees of Association or of the Declarant, as the case may be of processing and if necessary, enforcing such liens, all of which expenses, costs and disbursements and attorneys' fees shall be secured by said lien, ~ e~ including fees appeal, and such owner at the time such assessment is incurred, shall also be liable for any deficiency remaining unpaid afrer the foreclosure sale. No owner may waive or otherwise escape liability for the assessments provided for herein by the non-use of the Common Areas or abandonment of his lot or improvements thereon. Section 9. Subordination of the Lien to Mortgages: The lien of the assessment provided for herein shall be inferior, junior and subordinate to the lien of any first (IS`) mortgages and trust deeds now or hereafter placed upon said property or any part thereon in connection with the sale of said property shall not affect the assessment lien. No sale or transfer shall receive such Lot and any improvements thereon from liability for any assessments or from the lien thereof. Section 10. Exempt Property: The following property subject to this Declaration shall be exempt from the assessments created herein: All properties expressly dedicated to and accepted by a local public authority. The Common Areas; and, All other properties owned by the Association. Section 11. Foreclosure of Liens for Unpaid Common Expenses: The Association shall be entitled to foreclose a lien as provided in ORS 94.709 as it currently exists or is amended from time to time. In any legal action brought by the Association to foreclose a lien on a lot because of unpaid comrnon expenses, the owner shall be required to pay reasonable rental for the use of the lot and improvements thereon during the pendency of the legal action. The Association shall have the power to purchase the lot at the foreclosure sale and to acquire, hold, lease mortgage, vote the votes appurtenant to convey, or otherwise deal with the property. A suit of action to recover a money judgment for unpaid common expenses shall be maintainable without foreclosing the liens securing same. Section 12. Reserve Trust Funds: The Association shall have the authority to elect by resolution to establish one or more trust funds to hold reserves for the maintenance, repair or replacement of specific items, in which case it shall either designate part of the regular assessment or establish separate assessments for such purposes. The proceeds therefrom shall be held in such trust funds and used only for the designated maintenance, repairs or replacements. ARTICLE, VI USE AND RESTRICTIONS The following restrictions shall be applicable to the real property and shall be for the benefit of and limitations upon all present and future owners of said property, or of any interest therein: Section I. Unless written approval is first obtained from the Association, no sign of any kind shall be displayed to public view on any tot or building on said properly except one professional sign of not ore than five (5) square feet advertising the property N ~~~, improvement to its original condition. No substantial change shall be made in the process of repair or reconstruction of any improvement without the consent of the Directors of the Association. ARTICL>; VIII GENERAL PROVISIONS Section 1. Enforcement: The Association, or any owner, or the owner of any recorded mortgage, deed of trust or like instrument, on any part of said property, shall have the right to enforce, by any proceeding at law or equity, all restrictions, conditions, covenants, reservations, easements, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association, or by any owner to enforce any covenantor restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severabilitry: Invalidation of any one of these covenants or resh~ictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. Section 3. Amendment: The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of twenty-five (25) years from the date this declaration recorded, after which time said covenants shall be automatically extended for successive periods often (10) years each. Any of the covenants and restrictions of this Declaration may be amended by an instrument signed by members entitled to cast not less than seventy-five (75%) of the votes. All such amendments shall be recorded in the appropriate Deed Records of Jackson County, Oregon to be effective. Section 4. No Right of Reversion: Nothing herein contained in this Declaration, or in any form of deed which may be used by Declarant, or it's successors and assigns, in selling said property, or any part thereof, shall be deemed to vest or reserve in Declarant or the Association any right of reversion or re-entry for breach of violation of any one or more of the provisions hereof. Section 5. The provisions contained in this Declaration shall bind and inure to the benefit of and be enforceable by Declarant, The association and the own or owners of any portion of said property, and their heirs and assigns, and each of their legal representatives, and failure by Declarant or by the association or by any of the property owners or their legal representatives, heirs, successors or assigns, to enforce any of such conditions, restrictions and charges herein contained shall in no event be deemed a waiver of the right to do so. Section 6. Any or all rights, powers and reservations of Declarant herein contained may be assigned to the association or to any other corporation or association which is now organized or which may hereafter be organized and which will assume duties of Declarant hereunder pertaining to the particular rights, powers and reservations assigned; and upon such corporations or association evidencing its intent in writing to accept such assignment and !~ assume such duties, it shall to the extent of such assignment, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by the Declarant herein. IN WITNESS WHEREOF, the undersigned has executed this Declaration of Covenants, Conditions and Restrictions for the Sequoia Place Planned Unit Development, the day of , 20_. Declaxant's Name STATE OF OREGON `} u C. PreliminaryPUDPIzn. The preliminary developmentplancontainsthoseitemsnecessaryto proceed with the development proposal. Section 3. Conditional Apnroval. The application for tentative plan for land subdivision herein is hereby approved, subj ect to the conditions set forth on Exhibits "A",and "B",attached hereto by reference incorporated herein, imposed under authority of CPMC Chapter 16.36 including a requirement that interior parking apronwidths be reduced with the understanding that such areawill be converted into additional landscape area. The Commission has also required design changes to the homes fronting Second Street so that there will be adequate off-streetparking area. This is intended to reduce apotential conflict between homeowners and pedestrians using the adjoining sidewalk. Passed by the Planning Commission and signed by me in authentication of its passage this ~ day of ~ L-S-o ~i w 2002. ~~ ~~.~ v Planning Commission Chair Approved by me this f s~' ' day of ~c,~bu.~ , 2002. Planning Commission Chair Planning Commission Resolution No. _554_ (10012002 ) U~ Exhibit "A" Ti r~esot~~}ion. 55~ RECOMMENDED PLANNING DEPARTMENT CONDITIONS OF APPROVAL A final development plan, containing in final form the information required in the preliminary plan shall be submitted to the City within six months of approval or by October 1, 2003. A six month extension maybe granted by the City upon the applicant's request and for good cause. 2. The project must comply with all applicable local, state, and federal regulations including, but not limited to, the Oregon Uniform Fire Code and Structural Specialty Code. 3. The applicant shall submit final pazking, landscaping, lighting and sign plans to the City for approval as part of the fmal development plan. A suitable landscape and irrigation plan shall show the types of tree's, shrubs, and ground cover that will be planted and the irrigation for the common space. 4. The applicant shall submit a copy of the Covenants, Codes and Restrictions (CC&R's) or any comparable agreement governing the use, maintenance and continued protection of the PUD as part of the final development plan. 5. The applicant shall reduce the width of paved azeas in front of the units to increase landscape area. Off street pazking requirements stipulate that two spaces must be provided for each unit (I covered and 1 uncovered) but the Commission felt that the paved area was excessive since each unit had area provided for three cars. 6. The Planning Commission would like to have units 5 and 6 built with higher quality composition roof material as both units face Second Street. H:\Planning\02038.wpd j`Dr ~a~ Habitat for Hirmaxi[y PIP/A Stnff Report 10/Oi/2002 CITY OF CENTRAL POINT PUBLIC WORKS DEPARTMENT STAFF REPORT Date: October ls`, 2002 Applicant/ Owner: Habitat for Humanity P.O. Box 688 Medford, Oregon 97501 Agent: Hoffbuhr & Associates 3155 Alameda Street Suite 201 Medford, OR 97504 Location: 431 North Second Street Central Point, Oregon Legal: 372W03DC Tax Lot 800 Zoning: TOD DISTRICT - MMR Report By: Public Works Department PURPOSE Exhibit "B" 'M YtSp-t~~rert 55t{ Provide information to the Planning Commission and Applicant (hereinafter referred to as "Developer") regazding City Public Works Department (PWD) standards, requirements, and conditions to be included in the design and development of the proposed commercial facility. Gather information from the Developer/Bngineer regarding the proposed development. SPECIAL REQUIREMENTS Existing Infrastructure: The Developer shall demonstrate that all connections to existing infrastructure (i.e. streets, water, sanitary sewer, storm drain systems, natural drainage systems, etc.,) will not interfere with or provide for the degradation of the existing effective level of service or operation of the infrastructure facilities, and that the existing infrastructure facilities have either adequate capacities to accommodate the flows and/or demands imposed on the existing infrastructure as the result of the connection of the proposed development's infrastructure, or will be improved by and at the expense of the Developer to accommodate the additional flows and/or demands; while maintaining or improving the existing level of service of the affected facility, as approved by (as applicable) the regulatory agency, utility owner, and/or property owner involved. ~~ Habitat for Hrvnanity PS4'/D Staff Report 11/6/2002 2. TrafFe bnyact: The proposed Development is a low traffic-impact development that will be located to the West of North Second Street. Two entrances are currently projected from North Second Street to the proposed development. The first is atwenty-foot wide driveway throat, which accesses the twenty-foot ingress & egress easernent. The second entrance is a curb cut directly entering a carport located on the South portion of the development. These entrances will be required to meet Public Works Departrnent Standards, which calls for a minimum throat width of twelve-feet and a maximum of thirty-feet Easements: The Developer shall provide suitable and acceptable 15-foot-wide minimum easements for any City public works infrastructure located outside the public rights-of--way. These easements shall be dedicated for sole use by the City, and shall not overlap (crossings are acceptable, as long as required infrastructure sepazation is maintained) other utility or infrastructure easements. All construction plans and as-built drawings shall accurately portray (both horizontally and vertically) utility line and appurtenance locations and the locations of any existing and new easements on the proposed development. All final plats shall accurately portray the horizontal location of all easements and rights-of--way dedicated as part of the development of this project. All right-of--way and easement dedication shall be completed prior to final construction plan approval. 5. Site Lavout/T'raf~c Plan: The developer shall prepare and submit for City PWD approval a suitable site traffic plan for the proposed development. The traffic plan shall illustrate that all driveways and connections to streets shall accommodate the turning and access movements of all expected truck, bus, emergency vehicle (i.e. fire truck) and all other applicable vehicles. 6. Clear Vision Areas/TrianQles. All driveway approaches of the proposed Development connecting to public roads shall maintain a minimum 55-foot sight vision triangle as measured from the edge of the right-of--way to the center of the driveway. This requirement may be adjusted by the Public Works Department, depending on final orientation and lane layout of the adjoining roads, in accordance with AASHTO cleaz sight-vision requirements. Adequate clear vision area/triangles shall also be maintained at all internal driveway intersections. Landscaping/Street Trees: The developer will be required to submit a suitable landscapingstreet tree plan for review and approval by the City of Central Point Pazks Department. 8. Erosion Control Plan: A suitable erosion control plan must be prepared and submitted to the Oregon Department of Environmental Quality {DEQ) and City PWD for the construction of any improvements associated with this development. The City PWD will not approve the construction plans associated with this development until the City PWD receives a copy of the written approval of the erosion control plan by the DEQ. A3 Habitat for I$nuanity P[Y/D Sta ff Aepon 11/6/2002 9. Stone Drainage System:: The storm drain system shall be designed to accommodate the storm water run-off from and run-on onto the proposed development (either surface run-on or culvert or creek/ditch conveyance); any future development on adjacent properties; conveyed storm drainage or surface water flow, and any flows from areas deemed by the City that will need to connect into the proposed development's SD System. Currently, the City of Central Point Public Works Department is recommending the 15-foot storm drain easements, which exist along the South & West property boundaries be reduced to an adequate width for private maintenance. Furthermore, it is the suggestion of the Public Works Department that all on-site storm drain be deemed private, and the newly created easements exist solely of the purpose of private maintenance of a storm conveyance system extending South from the North West property comer to the South West Property comer turning East. The private storm system should continue East for the entire length of the property providing an area drain for each proposed unit. 11. Water Distribution Systern: The water distribution system for the proposed Development shall be of "reinforced loop" design; a minimum of two connections will need to be made to the City's distribution system. Presently, a practical connection point is unavailable. Based on existing line types and location it is the recommendation of the Public Works Department that every effort be made to provide for a future "reinforcing loop connection". 12. Aboveeround Utilities: If applicable, coordinate efforts with Pacific Power, Qwest, and Charter Communications, to convert any overhead electrical power, telephone, or cable facilities within the proposed development to underground facilities, prior to the acceptance by the City PWD of the public improvements associated with the proposed development. All agreements and costs associated with the conversion of these facilities from overhead to underground facilities shall be by and between the utility owners and the Developer. GENERAL 1. Public Improvements: All construction of public improvements shall conform to the City's PWD Standards, the conditions approved and stipulated by the Planning Commission, and other special specifications, details, standards, and/or upgrades as maybe approved by the City Administrator or his designee prior to the approval of the constmction plans for the proposed development. During construction, changes proposed by the Developer shall be submitted in writing by the Developer's engineer to the City PWD for approval prior to implementation. 2. Permits and Approvals: Developer shall provide copies of any permits, variances, approvals, and conditions as may be required by other agencies, including, but not limited to, the Oregon Department of Fish and Wildlife (DFW), Oregon Department of Environmental Quality (DEQ), Oregon Division of State Lands (DSL), U.S. Army Corps of Engineers (ACOE), affected irrigation districts, and Jackson County Roads and Parks Services (JC Roads), Fire District No. 3, and Beaz Creek Valley Sanitary Authority (BCVSA), as applicable. The Developer shall submit written approvals of the final construction plans from Fire District No. 3 (fire hydrant placement, waterline sizing, and emergency vehicle access), Bear Creek Valley Sanitary Authority (BCVSA, for sanitary sewers), and JC Roads, (E. Pine Street improvements and driveway/access road e1 L~ Habitat jar Hwnanity Plt'~D Staff Deport 11/6/2002 connections) prior to final construction plan review and approval by City PWD. 3. As-Builts: Prior to approval and acceptance of the project, the Developer's engineer or surveyor shall provide the Public Works Department with "as-built" drawings. If feasible, the Developer's engineer or surveyor should provide the drawings in both a "hazd copy" form (produced on Mylar~ and in a "digital" format compatible with AutoCAD®, or other form as approved by the City PWD. As-built drawings are to be provided to the City which provide "red-line" changes to final approved construction plans which identify the locations and or elevations (as appropriate) of actual installed items, including, but not limited to, invert, inlet, and rim or lip elevations; spot elevations identified on drawings; water lines, valves, and fire hydrants; water and sewer lateral; modifications to street section; manhole and curb inlet; street light locations; other below grade utility lines; etc. Provide a "red-line" hard copy (on Mylar~, or an approved alternative format, of construction drawings, and if feasible, an acceptable AutoCAD® compatible drawing electronic file to the City at completion of construction and prior to acceptance of public infrastructure facilities completed as part of the proposed development, or as otherwise approved by the City Administrator or his designee. 4. Elevations: All elevations used on the construction plans, on temporary benchmarks, and on the permanent benchmark shall be tied into an established City approved benchmazk and be so noted on the plans. At least one permanent benchmazk shall be provided for the proposed development, the location of the benchmazk shall be as jointly determined by the City PWD and the Developer's surveyor. 5. Existing Infrastructure: As applicable, field verify all existing infrastructure elevations and locations (i.e. pipe inverts, curb elevations, street elevations, etc.), to which the proposed development will connect into existing improvements, prior to final construction plan design and submittal for final approval. The accurate locations of any existing underground and above ground public infrastructure, and the location of the associated easements with these facilities, shall be accurately portrayed (both horizontally and vertically) on the construction plans. 6. Fil[ Placement: All fill placed in the development shall be engineered fill that is suitably placed and compacted in accordance with City PWD and Building Department standazds, except for the upper 1.5-feet of fill placed outside of public rights-of--way and that does not underlie building, structures, or traveled vehicular access ways or parking areas. Road/Drivewav/ParkinQAreri: The Developer shall evaluate the strength of the native soils and determine the access road, parking, and driveway section designs to handle the expected loads (including fire equipment) to be traveled on these private driveways, access roads, and parking areas. Need to provide designed road section for review. The roadlstreet/driveway sections within the public rights-of--way shall be constructed per the design of the City PWD. ` 8. Utility Plans: The utility plans shall be drawn to scale with accurate horizontal and vertical 4 ~~ Habitat jorFltnnanity Pt['/D StafjISepon 11/6/2002 depiction of utility lines and appurtenances (transformers, valves, etc.). Utility infrastnicture location must be accurately included on the as-built drawings, or as a separate set of drawings attached to the as-built drawings. 9. Area Li~IrtinQ Plat:: Need to provide and implement an adequate area lighting plan for parking and public access areas, including the driveway entrances. 10. Easements: Easements for City infrastructure (i.e. sanitary sewer, water, and storm drain [if applicable]) should be a minimum of 15-feet wide, and should not split lot lines. Easements for public storm drainage, sanitary sewer, and water lines shall be dedicated to the City and not just a P.U.E. Centerline of buried infrastructure shall be aligned a minimum of five (5) feet from the edge of the easement. If two or more City owned utilities aze located within an easement, then a minimum of 20-foot width should be required. Easement dedications in final deeds or CC&Rs need a statement, which should clearly indicate that easements must be maintained with suitable, drivable vehicular access to City public infrastructure facilities, as determined by the City PWD. 11. Street LiQIz1S: Constmction drawings for this tentative plan shall include a Street Lighting Plan in accordance with the requirements of the City PWD or as otherwise approved by the City Administrator or his designee (with maximum 200 foot spacing). The construction drawings shall include clear vision areas designed to meet the City's PWD Standards. 12. Storm Draiz:aQe Systenz: Developer's engineer shall develop a facility plan for the storm drain collection, retention, and conveyance system (SD System) which provides for storm water run- off from and run-on onto the proposed development (either surface run-on or culvert or creek/ditch conveyance), any existing or future development on adjacent properties, conveyed stoma drainage, or surface water flow, and any areas deemed by the City that will need to connect-into the proposed development's SD System. As applicable, the Developer's engineer shall determine how the SD system will work during 10- year and 100-year flood events associated with Beaz Creek. Identify the HGL in Bear Creek during 10- and 100-yeaz storm event, and what affect it will have on the proposed outlets and storm drain system and building elevations. System should be designed to adequately drain a 10- year storm event without surcharging or shall provide adequate storage to prevent surcharging; and be designed to prevent backflow of water from Beaz Creek up into SD system during storm events. The design of the storm drain collection and conveyance system (SD System) should provide for storm water run-off from and run-on onto the proposed development (either surface run-on or culvert or creek/ditch conveyance); the Developer shall demonstrate that the storm water flows from the completion of the proposed development (and at any time prior to completion of development) do not exceed predevelopment flows into Bear Creek; or that allowances or provisions have been made (and approval of the applicable properties owners and regulatory agencies has been obtained), which accommodate any additional flow which exceed i,~ t Flabitat for Fl:rmauiiy PIY/D Staff Aepon 11/G/2002 predevelopment flows. The Developer and the City PWD shall agree on the applicable run-off coefficients, curve numbers, etc., to be used in the engineering calculations. Developer's engineer shall provide a site drainage plan designed, at a minimum, to accommodate a 10-yeaz storm event. The SD system must be designed to adequately drain the 10-year storm event without surcharging or must be provided with adequate storage to prevent surcharging; and be designed to not impact existing public storm drainage facilities. Catch basins and area drains shall be designed for on-site sediment and petroleum hydrocarbon retention. The private storm drain system shall be designed to directly connect to the public storm drain system, and shall not be designed to dischazge to the street surfaces. Public storm drainpipe materials shall be PVC, HDPE, or reinforced concrete, with watertight joints. Provide concrete or sand-cement slurry encasement where required in areas of minimum cover. Roof drains and under drains shall not be directly connected to public storm drain lines and shall drain to the on-site private storm drain system. As applicable, any discharge points of the storm water facilities shall be designed to provide an aesthetically pleasing, useful, and low maintenance facility, that aze designed to mitigate erosion, damage, or loss during a 100-year storm event; and that mitigate the "attractive nuisance" hazards associated with these types of facilities. Prior to City PWD construction plan review, the Developer shall provide the City PWD with a complete set of hydrologic and hydraulic calculations and profile plots for sizing the SD system, which shall incorporate the use of the City PWD's rainfall/intensity curve, and City approved run-off coefficients, curve numbers, pipe roughness coefficients, etc., that are used in the engineering calculations. Sheet flow surface drainage from the property onto the public rights-of--way or onto neighboring properties is unacceptable. Plans which propose to include the discharge to Bear Creek and any construction or modification within the floodway of Bear Creek or in the road ditches, shall be in compliance with DSL, ACOE, ODFW, DEQ, JC Roads, and/or City PWD (as applicable) guidelines and requirements and any applicable conditions and or approvals, of these regulatory agencies. 13. Fire Hvdrants: Provide locations of existing and any new required fire hydrants. Fire Hydrants need to be connected to 8-inch-diameter and larger lines, with the supply lines being "looped" as feasible. If applicable, steamer ports at hydrants located near the building shall face the buildings. Fire hydrants shall be suitably protected from potential vehicle damage and encroachment. 14. Water Systen: Cross Counectimt Control: Developer shall comply with Oregon Health Division (OHD) and City requirements for cross connection control. If a pressurized irrigation system ~~ HaGitnt for Flumaaity PU%D Staff Report 17/6/2002 and/or domestic water wells exist on the property, the Developer will be required to install the required backflow prevention assemblies directly behind the City's water meters. 15. Water Syste»z: Construction drawings shall include the size, type, and location of all water mains, hydrants, valves, service connection, meter, service laterals, and other appurtenance details in accordance with City PWD Standards and as required by the City PWD. 16. Roof~Area Drains: All structures shall have roof drains, azea drains, and/or crawl spaces with positive drainage away from the building. 17. Grading Plans: Grading plans shall have original/existing grades and final grades plotted on the plan. Typically, existing grade contour lines are dashed and screened back, and final grade contour lines are overlaid on top of the existing grades and are in a heavier line width and solid. Contour lines should be labeled with elevations. 18. Sanitary Sewer: All sanitary sewer collection and conveyance system (SS System) design, construction and testing shall conform to the standards and guidelines of the Oregon DEQ, 1990 APWA Standards, Oregon Chapter, Bear Creek Valley Sanitary Authority (BCVSA), and the City PWD Standards, where applicable. The construction plans and the as-built drawings shall identify lateral stationing for construction of sewer laterals. 19. Water RiQl~ts: If applicable, Developer shall provide a Statement of Water Rights (on a City approved form), for any affected properties. For properties determined to have water rights, the developer will coordinate with the State Water master the re-allocation of any waters attached to lands no longer irrigable as a result of the proposed development. ~~ ~Xhil,~t `D' CITY OF CENTRAL POINT Piiblic Works Department MFMORIINDUM TO: PLANNING COMMISSION FROM: PUBLIC WORKS DEI'ARTMEN'I' SUBJECT: H1IBITAT FOR HUMr1NI"I'I' FINAL P.U.D. APPROVAL DATE: 5-28-2003 Commissioners: The following were special requirements established in the Public Works Staff report for Habitat for Humanity: Existizz Infrastructzre: The Developer shall demonstrate that all connections to existing infrastructure (i.e. streets; water, sanitary sewer, storm drain systems; natural drainage systems; etc.,) will not interfere with or provide for the degradation of the existing effective level of service or operation of the infrastructure facilities, and that the existing infrastructure facilities have either adequate capacities to accommodate the flows and/or demands imposed on the existing infrastructure as the result of the connection of the proposed development's infrastructure, or will be improved by and at the expense of the Developer to accommodate the additional flows and/or demands; while maintaining or improving the existing level of service of the affected facility, as approved by (as applicable), the regulatory agency, utility owner, and/or property owner involved. Tl:e Developer's engineer satisfied t1:e existing Infrastructure requirements. Utilitv Easements: The Developer's surveyor will be required to work with local utility to develop adequate public utility easements. Necessary utility easements have been created. Stonrz Drainage bzfi-astructure: The developer shall develop a facility plan for the storm drain collection and conveyance system which provides for run-off from and run-on onto ~a the proposed development, any future development on adjacent properties, and any areas deemed by the City that will need to tie-into the proposed development's stoma water collection and conveyance system. It is our understanding that the storm drainage infrastructure will be a private system, operated and maintained by the property owners. Developer's engineer submitted the required data to demoratrate the capabilities of the development's private store: drain system. However the Developer has not completed all requirements stipulated in the storm drainage portimr of the staff report. The Public Works Department is recommending no additional building permits relevant to the subject development be issued until such a time that all required stone drain infrastructure is constructed. Sincerely, Public Works Department ~~ PLANNING DEPAR'T'MENT STAFF REPORT I-TEARING DA"f E: June 3, 2003 TO: FROM: SUBJECT: Applicant/ Owner Agent: Pro er Description/ ZOninQ: Summary: Central Point Planning Commission Matt Samitore, Community Planner Final Development Plan -Mingus Creek Estates P.U.D. River City Development, LLC & Adderson Builders, Inc. 1744 East McAndrews, Suite B Medford, OR 97504 L.J. Friar & Associates, P.C. 816 W. 8"' Street Medford, OR 97501 37 2W 11BA, Tax Lot 8600, 8800, & 8900. 0.90 Acres. R-3, Residential Multiple Family District The applicant requests that the Commission review and approve the Final Development Plan for the Mingus Creek Estates. ALrplicable Law• CPMC 17.68.010 et seq. -Planned Unit Development CPMC 17.28.010 et seq. - R-3, Residential Multiple Family Discussion• CPMC Chapter 16.68 describes the requirement and application process for Planned Unit Developments. Initially, the applicant submits apreliminary development plan with maps describing lot configuration, property boundaries and a schedule of the planned completion dates. If the plan is approved by the Planning Commission, the applicant is allowed a period of six months to provide the City with a copy of the Final Development Plan demonstrating that all of the conditions and requirements of the Preliminary Development plan have been met. The Planning Commission will then review the Final Plan and decide to approve or deny the plan as submitted. The City Council will review the Commission's decision at a subsequent meeting. The preliminary development plan and a Conditional Use Permit for the Mingus Creek Estates P.U.D. was approved on November 5, 2002 subject to certain conditions of approval described in ~~ Resolution 557 (Attaclunent "C"). The applicant has met all of the conditions of approval for the project. Alternative access for Lot 1 was provided off of Shadow Way instead of Freeman Road. The garages and driveway provide for 4 off street park spaces, instead of 2. The applicants have formed a Hane Owners Association, have agreed to a road maintenance agreement for Shadow Way, and have written CC&R's for the subdivision (Attachment "D"). In comparing the original plan (Attachment "A")with the final development plan (Attachment "B") there are two main differences. The applicant has decided to reduce the number of lots by one in order to meet the conditions of approval. Also the vehicular access for Lot 1 has been changed, as discussed earlier. The Public Works Department has reviewed the engineering and final development plans in a memorandum (Attachment "E"). The final development plan is in substantial compliance with the approved Preliminary Development Plan. Planning Commission Action The Planning Commission may take one of the following actions in regard to the final development plan for the Mingus Creek Estates Planned Unit Development. 1. Adopt Resolution No. approving the final development plan, based on findings of fact and conclusions of law contained in the record and subject to the recommended conditions of approval as set forth in Resolution 557 and this staff report. 2. Deny the final development plan; or 3. Continue the review of the final development plan at the discretion of the Commission. Attachments A. Preliminary Development Plan B. Final Development Plan and Building Site Plan C. Resolution 557 D. Home Owners Association, Shadow Way Maintenance Agreeemenet, and CC&R's E. Public Works Staff Report ~~ ii• PRELIMINARY PLAN N nREn MnP ~~ r I riw " NAP 1 I 1 ~ 1 I Ar! ~ y ~~ N NTRALP~INT,OR 97gp2UBDIVI5I0N CEpAR SHnDOWS WAY ~,..m...._ 1 ~ I ~ , ~ : ® I ~, 1 porn ~ 41.mryz I 1. d 1 .»ra.r I »n p.rr, IOTk) 1 (i. naw. x fWw.rT. ln_-,- .~ 4 o `' .. Z 1 _ _ '~ e W 1 r V ~v-~ F ~m~i+. { LOTk11 1 1 ~, torkix awecrT k>reP rT. I ~M. ~ ~y. 1- t ~. F' 1 _-- ~~~_ (pTM10 >uuan. ~'. _~ Lmx+ I kuw-rt. ~prke p.q>r. ~~ ' 1 .ru~vwr ~.. 1 u J( ~ ~ ~orwe LOT.~9 1>Mwrt. ~ ~ cuo R i '" ,~ .: ®~ ® ~ LOTke m.w.rt. w LOTkI ttnw.rt. e ®__ ®_y-- z 0 5 0 m 0 N NOO ~Ny ~O YtP y~0 ~~ u 2 ~° s °~~ ~ i~~ ~ ~ I 3 P "s ~ ~ ~a Yt g 8 @C ~ w '~ N° ~y b`y O3a 3~ ~~ SITEPIAN SUtE: S'*xD~ P2Y15ION k S DATED 1D/1102 pnGE I OF 1 -PAW1Nb CY: DAPPEN LECOM'ff SURVEY BY: M 1i[ L.J. FRMR & ASSOCIATES, P.C. ~ CONSVLTlNC UNG SURVEYORS 816 WEST EIGHM STREET MEDFORD OREGON 97501 PHONE: (561) )12-D8P iN. PRR55 GP ' CDR. MC. 56 JD N59U']] E JD-oD I III !] O Y °w I Z Q '~4 F w W n K ti SURVEY FOR: RIVER Cltt DEVELOPMENT, LLC f )64 E MUNDREWS ROAD SURE B MEOFORO OR. 9)501 PHONE: (541) 776-5900 I**~I-\\MS PUL -~ I f _ _PVE PER P-30-3W0 - r ' I -.-- SI s 1D I al I I a I m g( J>2o 50 Ei I g I zes° so Fr 8° ~ I I I I & ~I .._._._.,.. .,,.~ I ELSEMENIS PER SUBDMSION GUAFANTEE 1) R/W FOR ELECTRICITY MR CDC. -A-OB919. ORJCD CWNOI BE DEPICTED. 2) F/.SEIAENF FOR 1E1E91fv'NE UNE$ PER OOC. 7q-126D3. ORJCO CWxOF 9C O[PICiEO. J) R/W fOR ELECIRIpIY PER OOC. BO-2209D. ORJCO VIINOI BE DEPIC20. 4J 9-ESJ394PokC994J593.1~ORJC00 As SNOW HEREON we5 RE-RECORDED AS WC. 5) LOTS 1, 3. 10 6 TI SVBJECi IO DEFERRED IMPROVEMENF AWtEEMENT PER OOC. E]-DJSU. ORJCtl. LEGEND: p = F0. COUNTY SURVEYOR'S BRA65 CAPPED MOM 4S NOTED. )tf a N. 5/6' IRON PIN W/ PLASTIC CAP MKD. R. BRaUGHiON LS265) PER 1665D. }( = N. BRASS TAG MKD. LS265) IN LEAD PLUC IN CONCRETE SIDEWALK. NOT OF RECORD. O a SET 5/6' X JD' IRON PIN W/ PIASDC CAP MKD. L.J. G ASSOC. $( =SET BRASB TAC MKD. L.J. h ASSOC. IN LEAD PLUC IN CONCRETE SIDEWALK IEUE =INGRESS, EGRESS k UI1LItt EASEMENT. UE TI)= PRIVATE URlltt E45EMENi (LOT BENEFlITNC) JCDRR =JACKSON COUNtt DEED RECORDS. ORJCO= OFFlCIAL RECORDS OF JACKSON CDUNtt, OftECON. FS a FlLED SURVEY ~. PUE =PUBLIC UilUtt EASEMENT. P-56-2000 = PARil110N PLAT N0. P-56-2000 (F516650). Ci, LI =SEE DATA TABLE. BASLS OF BEARINGS: WEST LINE OF DLC. N0. 56 PER F516650 AS SHOWN. UNIT OF ME/SUREMENi ~ FEEf DATE: MAY 5, 2005 CEDAR SHADOWS SUBDIVISION, UNIT NO. S xEY45'JY[ _ n9.TD SHADOWS WAY (PRIVATE STREET &PUE) NE45)'OO'E 9l.RJ ~~~_~ ar ~ r LOT 1 '°V JOtI EO Fi o ° ~ ~ ' I em ~ B o ~ L - . - - J 5.21 ( I ~ Lor n „ Jlo1 50 Fi $ A I 41 I I AE nok+1) 0 o f O C p2 p3626 I~ ~~' ss ~/ iD BW33 4N IN MOV. CASE Ai MICRSECnON OF MOPKINE RD, k FREfMSN R0. SW COR DIC SQ I n DR~° L-. _. UE (1.2,Wk11) w MINGUS CREEK E~ ATES SUBDIVISION Located in the N.E. 1/4, N.W. 1/4 of Sec Ib T.37S, R.2W W.K. 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OECIME 1xAi 1N5 IS AH EYFCi COP! OF 1ME ORICINK PIAi. SCALE: 1" = 20' k~ E6~n pJ V' l0 4D D 2D eD • RECEIVED ' DATE er_ REGISTER"eD r PROFESSIONAL : m1a a~r.y e,,,aatr o LAND SURVEYOR Z ,I„e1T,l MeP Pa9e(a) Nona(ive >, see I J9cxsox covrvrr L. xRBS M~L9 SVRVEYOR Rroea wrF a-JO-m SHEET 2 OF 2 ~r~ ~~~a iLP 6 43Enu env'rc \. •. n . u.^. if i~uht `~' PLANNING COMMISSION RESOLUTION NO. 557 A RESOLUTION GRANTING PRELIMINARY PUD AND TENTATIVE PLAN APPROVAL FOR MINGUS CREEK ESTATES USING A CONDITIONAL USE PERMIT TO EXPAND THE BOUNDARIES OF THE CEDAR SHADOWS PHASE 1, AND SUBDIVISION (Applicant (s) :Darren Lecomte/Phyllis Wolfard and Chris Adderson) (37 2W 11BA, Tax Lots 8600, 8800, and 8900) Recitals 1. Applicant(s) has/have submitted an application for tentative plan approval with a conditional use permit for a PUD boundary expansion as an additional phase of the Cedaz Shadows Planned Unit Development. The subject property is located near the intersection of Freeman Road and Shadow Way in the R-3, Residential Multiple Family zoning district, in the City of Central Point, Oregon. 2. On, November 5, 2002, the Central Point Planning Commission conducted aduly-noticed public hearing on the application, at which time it reviewed the City staff reports and heard testimony and comments on the application. Now, therefore; BE IT RESOLVED BY THE PLANNING COMMISSION 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 Title 16 and 17, relating to informational requirements, zoning, lot dimension, access, and similar requirements. Section 2. Finding and Conclusions. The Planning Commission 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 16.10. B. Area and Width of Lot. This Planned Unit Development in a R-3, Residenti^'. Multiple Family zoning would create 12 parcels: All parcels meet the minimum area and width requirements for lots in the R-3 zone as set forth in CPMC 17.28, and P.U.D. set forth in CPMC 17.68 and such parcels meet the general requirements for lots contained in CPMC 16.24.050. ~~ proceed with the development proposal. Section 3. Conditional Approval. The application fortentative plan for land subdivision herein is hereby approved, subject to the conditions set forth on Exhibits "A",and "B", attached hereto by reference incorporated herein, imposed under authority of CPMC Chapter 16.36. Also subject to minimum 5 foot side yard setbacks for Lots 1 & 12, and recommendation for the developer to find an alternate access other than Freeman Road to Lot 1. Passed by the Planning Commission and signed by me in authentication of its passage this 'ate day of Nc~~tiy1 bw , 2002. ,~~ !'E i~ ~~, Planning Commission Chair A 1V VMLLU 1116 L111J V rr y ~ day of ~~'~~?-u-~, 2002. Planning Commission Chair Planning Commission Resolution No. _557_ (11052002 ) c`~ ATTEST: Exhibit "A" io rtsol`tcdien.,SS~ RECOMMENDED PLANNING DEPARTMENT CONDTTIONS OF APPROVAL A final development plan, containing in finat form the information required in the preliminary plan shall be submitted to the City within six months of approval or by May 5, 2003. A six month extension maybe granted by the City upon the applicant's request and for good cause. 2. The project must comply with all applicable local, state, and federal regulations including, but not limited to, the Oregon Uniform Fire Code and Structural Specialty Code. 3. The applicant shall submit final parking, landscaping, lighting and sign plans to the City for approval as part of the fmal development plan. A suitable landscape and irrigation plan shall show the types of tree's, shrubs, and ground cover that will be planted and the irrigation for the rehabilitation of Mingus Creek and the Street Tree's. 4. The applicant shall submit a copy of the Covenants, Codes and Restrictions (CC&R's) or any comparable agreement governing the use, maintenance and continued protection of the PUD as part of the final development plan. 5. An agreement with the Cedar Shadows Home Owners Association agreeing to joint maintenance of Shadow Way. H:\Planning\02067.wpd Mingus Creek Estates Exhibit "B" 10/31/2002 '~ hrsolcc~Ele-c557 Page 1 CITY OF CENTRAL POINT DEPARTMENT OF PUBLIC WORKS STAFF REPORT EXHIBIT Purpose Provide information to the Planning Commission and Applicant (hereinafter referred to as "Developer") regarding City Public Works Department (PWD) standards, requirements, and conditions to be included in the design and development of the proposed. Gather information from the Developer/Engineer regarding the proposed development. Special Requirements Existing Infrastructure: The Developer shall demonstrate that all connections to existing infrastructure (i.e. streets; water, sanitary sewer, storm drain systems; natural drainage systems; etc.,) will not interfere with or provide for the degradation of the existing effective level of service or operation of the infrastructure facilities, and that the existing infrastructure facilities have either adequate capacities to accommodate the flows and(or demands imposed on the existing infrastructure as the result of the connection of the proposed development's infrastructure, or will be improved by and at ~® Mingus Creek Estates 10!31(2002 Page 2 the expense of the Developer to accommodate the additional flows and/or demands; while maintaining or improving the existing level of service of the affected facility, as approved by (as applicable), the regulatory agency, utility owner, and/or property owner involved. Right-of-Way Dedication: An approximate 12-foot section of Right-of-Way along the western property boundary shall be dedicated for the widening and improvement of Freeman Road. 3. Deferred Improvement Agreement: The Developer's consent will be required for the creation of a deferred improvement agreement outlining the developer's responsibility for the cost of improvements including but not limited to: Curb, Gutter, and Sidewalk bordering Freeman Road. 4. Storm Drainage Infrastructure: The developer shall develop a facility plan for the storm drain collection and conveyance system which provides for run-off from and run- on onto the proposed development, any future development on adjacent properties, and any areas deemed by the City that will need to tie-into the proposed development's storm water collection and conveyance system. It is our understanding that the storm drainage infrastructure will be a private system, operated and maintained by the propertyy owners. 5. Driveway Lighting Plan: The Public Works Department does not recommend standard street lighting for the driveway access to Mingus Creek Estates. However, the Public Works Department suggests each residence be provided with an individual driveway lighting system. General All construction of public improvements shall conform to the City's PWD Standards, the conditions approved and stipulated by the Planning Commission, and other special specifications, details, standards, and/or upgrades as may be approved by the City Administrator or his designee prior to the approval of the construction plans for the proposed development. During construction, changes proposed by the Developer shall be submitted in writing by the Developer's engineer to the City PWD (and Building Department, as applicable) for approval prior to implementation. Developer shall provide copies of any permits, variances, approvals, and conditions as may be required by other agencies, including, but not limited to, the Oregon Department of Fish and Wildlife (DFW), Oregon Department of Environmental Quality (DEQ), Oregon Division of State Lands (DSL), U.S. Army Corps of Engineers (ACOE), affected irrigation districts, and ODOT. 3. Prior to approval and acceptance of the project, the Developer's engineer or surveyor shall provide the Public Works Department with "as-built" drawings. If feasible, the Mingus Creek Estates 10131/2002 Page 4 • The plans relating to the sanitary sewers should be approved in writing by BCVSA, and the appropriate signature blocks should be completed on the plans. • A copy of written approval from the Department of Environmental Quality authorizing an erosion control plan. 9. Field verify all existing infrastructure elevations and locations (i.e. pipe inverts, curb elevations, top of banks, ditchJchannel inverts, street elevations, etc.), to which the proposed development's infrastructure will connect into existing improvements, prior to final construction plan design and submittal for final approval. 10. Overhead power lines. If applicable, coordinate efforts with Pacific Power and Light, Qwest, and Charter Communications, to convert any overhead eiecirical power, telephone, or cable facilities within the proposed development to underground facilities, prior to the acceptance by the City PWD of the public improvements associated with the proposed development. All agreements and costs associated with the conversion of these facilities from overhead to underground facilities shall be by and between the utility owners and the Developer. 11. The accurate locations of any existing underground and above ground public infrastructure, and the location of the associated easements with these facilities, shall be accurately portrayed {both horizontally and vertically) on the construction plans and as-built drawings. 12. The Developer's engineer or surveyor shall provide to the Public Works Department a drawing of the recorded Final Plat map reproduced on Mylar®and in an acceptable electronic form in AutoCAD® format. The Final Plat shall be tied to a legal Government corner and the State Plane Coordinate System. The Final Plat shalt either reflect or be later mod~ed to reflect any applicable "red-line" changes noted in the construction "as- builts", at the discretion of the City Administrator or his designee. StreetsJTraffic ~ EXISTING INFRASTRUCTURE Freeman Road Cedar Shadows Way Construction drawings for this Tentative Plan shall include a Street Lighting PlanlDriveway Lighting Plan in accordance with the requirements of the City PWD or as otherwise approved by the City Administrator or his designee. The construction drawings shall include clear vision areas designed to meet the City's PWD Standards. ~ry Mingus Creek Estates 10131/2002 Page 6 The City upon completion of initial construction plan review and preliminary approval, will forward the plans to BCVSA for completion of the review process. Upon completion of the review by BCVSA, completion of final revisions to the plans by the Developer's engineer, and following the final approval and signature on the construction plans by BCVSA, the Public Works Director will approve the plans in final form. 4. All testing and video inspection of lines and manholes shall be done in accordance with BCVSA requirements, at Developer's expense. The Developer shall provide BCVSA and the City with test reports, TV reports and certification of the sewer system construction prior to final acceptance. Water System ~ EXISTING INFRASTRUCTURE 8-inch Ductile Iron Waterline Cedar Shadows Way Developer shall comply with Oregon Health Division (OHD) and City requirements for backflow prevention. 2. The Developer's engineer shall consult Fire District #3, and comply with any and all suggestions regarding fire protection. Site Work, Grading, and Utility Plans Grading plans should have originaUexisting grades and final grades plotted on the plan. Typically, existing grade contour lines are dashed and screened back, and final grade contour lines are overlaid on top of the existing grades and are in a heavier line width and solid. Contour lines should be labeled with elevations. 2. All structures shall have roof drains, area drains, and/or crawl spaces with positive drainage away from the building or structure. 3. Provide City with a utility plan approved by each utility company, which reflects all utility line locations, crossings, transformer locations, valves, etc. 4. Utility locations must be accurately included on the as-built drawings, or as a separate set of drawings attached to the as-built drawings. ,4f~clil,>L~d' '~' BY-LAWS OF MINGUS CREEK ESTATES HOMEOWNERS ASSOCIATION ARTICLE 1 Name, Principal Office, and Definitions 1.1 Name. The name of the Association shall be Mingus Creek Homeowners Association. 1.2 Principal Office. The principal office of the Association shall be located in Jackson County, Oregon. The Association may have such other offices, either within or outside the State of Oregon, as the Board may determine or as the affairs of the Association shall require. 1.3 Definitions. The words used in these By-Laws shall be given their normal, commonly understood definitions. Capitalized terms shall have the same meaning as set forth in the declaration of Covenants, Conditions, Restrictions, and Easements for Mingus Creek filed in the Office of the County Clerk ("Declaration"), unless the context indicates otherwise. ARTICLE 2 Association, Membership, Meetings, Quorum, Voting, Proxies 2.1 Membership. The Association shall have one class of membership. 2.2 Place of Meetings. Meeting of the Association shall be held at the principal office of the Association or at such other suitable place convenient to the Members as may be designated by the Board either within the Properties or as convenient thereto as possible and practical. 2.3 Annual Meetings. The first meeting of the Association, whether a regular or special meeting, shall be held with 100% conveyance to a Retail Owner. Meetings shall be of the Voting Members. Subsequent regular annual meetings shall be set by the Board so as to occur at least 30 days but not more than 120 days before the close of the Association's fiscal year on a date and time set by the Board. 2.4 Special Meetings. The President may call special meetings. In addition, it shall be the duty of the President to call a special meeting if so directed by resolution of the Board or upon a petition signed by Voting Members representing at least 10% of the Members of the Association. The Association shall call special meetings as required by ORS ~~ 94.604 and ORS 94.616. If the Board or Declarant fails to call the meeting, the Temporary Advisory Committee, if any, or any Owner may call the meeting in accordance with ORS 94.609. 2.5 Notice of Meetings. Written or printed notice stating the place, day, and hour of any meeting of the Voting Members or Members shall be delivered, either personally or by mail, to each Voting Member of Member, as the case maybe, not less than 10 or more than 50 days before the date of such meeting, by or at the direction of the President or the Secretary or the officers or persons calling the meeting. In the case of a special meeting or when otherwise required by statute or these By-Laws, the purpose or purposes for which the meeting is called shall be stated in the notice. No business shall be transacted at a special meeting except as stated in the notice. If mailed, the notice of a meeting shall be deemed to be delivered when deposited in the United States mail addressed to the Voting Member at his or her address as it appears on the records of the Association, with postage prepaid. 2.6 Waiver of Notice. Waiver of notice of a meeting of the Voting Members shall be deemed the equivalent of proper notice. Any Voting Member may in writing, waive notice of any meeting of the Voting Members, either before or after such meeting. Attendance at a meeting by a Voting Member shall be deemed waiver by such Voting Member of notice of the time, date, and place thereof, unless such Voting Member specifically objects to lack ofproper notice at the time the meeting is called to order. Attendance at a special meeting also shall be deemed waiver of notice of all business transacted unless an objection on the basis of lack of proper notice is raised before the business is put to a vote. 2.7 Adjournment of Meetings. If any meeting of the Association cannot be held because a quorum is not present, a majority of the Voting Members who are present at such meeting may adjourn the meeting to a time not less than five nor more than 30 days from the time the original meeting was called. At the reconvened meeting, if a quorum is present, any business may be transacted which might have been transacted at the meeting originally called. If a time and place for reconvening the meeting is not fixed by those in attendance at the original meeting or if for any reason a new date is fixes for reconvening the meeting after adjournment, notice of time and place for reconvening the meeting shall be given in the manner prescribed for regular meetings. The voting Members present at aduly-called or held meeting at which a quorum is present may continue to do business until adjournment, notwithstanding the withdrawal of enough to leave less than a quorum, provided that Voting Members representing at lease 25% of the Members of the Association remain in attendance, and provided that any action taken is approved by at least a majority of the votes required to constitute a quorum. 2.8 Voting. The voting rights of the Members shall be as set for in the Declaration, and such voting rights provisions are specifically incorporated by reference. Voting of the Voting Members at a meeting may be by voice or ballot, except the election of directors which shall be by secret written ballot. 2.9 Proxies. Voting Members may not vote by proxy but only in person or through their designated alternates; provided, any Voting Member who is only entitled to cast the vote(s) for his or her own Unit(s) pursuant to Section 3.4b of the Declaration may cast such vote in person or by proxy until such time as the Board first calls for election of a Voting Member to rpresent the Neighborhood of which the Unit is a part. No proxy shall be valid unless it meets the requirement of ORS 94.660 and is signed by the owner or his or her duly authorized attorney in fact, dated and filed with the Secretary of the Association prior to any meeting for which it is to be effective. No proxy shall be valid after one year from its date of execution unless otherwise specified in the proxy. 2.10 Majority. As used in these By-Laws, the term "majority" shall mean those votes, owners, or other group as the context may indicate totaling more than 50% of the total eligible number. 2.11 Quorum. Except as otherwise provided in these By-Laws or in the Declaration, the presence of the Voting Members representing a majority of the total votes in the Association shall constitute a quorum at all meetings of the Association. 2.12 Action without of Meeting. Any action required or permitted by law to be taken at a meeting of the Voting Members maybe taken without a meeting by written ballots as provided in ORS 65.222. Such ballots shall be filed with the minutes of the Association, and shall have the same force and effect as a vote of the Voting Members at a meeting. ARTICLE III Board of Directors; Number, Powers, Meetings 3.1 Governing Body; Composition. The affairs of the Association shall be governed by a Board, each of whom shall have one equal vote. 3.2 Number of Directors. The number of directors shall not be less than one nor more than two. The initial board of directors shall consist of one duector. 3.3 Nomination of Directors. Nominations of Directors shall be nominated by voting members. 3.4 Removal of Directors and Vacancies. Any director elected by the voting members maybe removed, with or without cause, by the vote of voting members holding majority of the votes entitled to be cast for the election of such director. Any director whose removal is sought shall be given notice prior to any meeting called and noticed for that purpose. t' 3.9 Quorum of Board of Directors. At all meetings of the board, a majority of the directors shall constitute a quorum for the transaction of business, and the votes of majority of the directors present at a meeting at which a quorum is present shall constitute the decision of the Board, unless otherwise specifically provided in the By- Laws or the Declaration. A meeting at which a quorum is initially present may continue to transact business, notwithstanding the withdrawal of director, if any action taken is approved by at least a majority of the required quorum for that meeting. If any meeting of the Board cannot be held because a quorum is not present, a majority of the directors present at such meeting may adjourn the meeting to a time not less than five nor more than 30 days from the date of the original meeting. At the reconvened meeting, if a quorum is present, any business which might have been transacted at the meeting originally called maybe transacted without further notice. 3.10 Compensation. No director shall receive any compensation from the Association for acting as such unless approved by the Voting members of the Association. 3.11 Conduct of Meetings. The President shall preside over all meetings of the Board, and the secretary shall keep a minute book of meetings of the Board, recording all resolutions adopted by the Boar and all transactions and proceedings occurring at such meetings. 3.12 Open Meetings. All meetings of the Board shall be open to all Voting members. 3.13 Powers. The Board shall have all of the powers and duties necessary for the administration of the Association's affairs and for performing all responsibilities and exercising all rights of the Association as set forth in the Declaration, these By-Laws, the Articles, and as provided by law. The Board may do or cause to be done all acts and things as are by the Declaration, Articles, these By-Laws, or Oregon law duected to be done and exercised exclusively by the voting Members or the membership generally. 3.14 Duties. The Duties of the Board shall include, without limitation: I) Preparation and adoption of annual budgets and establishing each owners share of Common Expenses and Neighborhood Expenses 2) Levying and collecting assessments from the owners to fund common expenses and Neighborhood expenses 3) Providing for the operation, care, upkeep, and maintenance of the Area of Common Responsibility 4) Designating, hiring, and dismissing the personnel necessary to carry out the rights and responsibilities of the Association and where appropriate, providing for the compensation of such personnel andf or the purchase of equipment, supplies, and materials to be used by such personnel in the performance of their duties ~~ 5) Depositing all funds received on behalf of the Association in a bank depository which it shall approve, and using such funds to operate the Association, provided any reserve fund may be deposited, in the director's best business judgment, in depositories other than banks 6) Making and amending rules and regulations 7) Opening bank accounts on behalf of the Association and designating the signatories required 8) Making or contracting for the making of repairs, additions, and improvements to or alterations of the common creek 9) Enforcing by legal means the provisions of the Declaration, the By- Laws, and the rules adopted by it and bringing any proceedings which may be instituted on behalf of or against the Owners concerning the Association 10) Paying the cost of all services rendered to the Association or its Members and not chargeable directly to specific owners 11) Keeping books with detailed accounts of the receipts and expenditures of the Association 12) Making available to any prospective purchaser of a Unit, any Owner, and the holders, insurers, and guarantors of any Mortgage on any Unit, current copies of the Declaration, the Articles of Incorporation, the By- Laws, rules and all other books, records, and fmancial statements of the Association 13) Indemnifying a director, officer or committee member, or former duector, officer or committee member of the Association to the extent such indemnity is allowed by Oregon law, the Articles of Incorporation and the Declaration 14) Assisting in the resolution of disputes between owners and other without litigation as set forth in the Declaration 3.15 Management. The Board may employ for the Association a professional management agent or agents at such compensation as the Boazd may establish to perform such duties and services as the Board shall authorize. The Boazd may delegate such powers as are necessary to perform the manager's assigned duties, but shall not delegate policy making authority or those duties set forth. 3.16 Accounts and Reports. The following management standards of performance shall be followed unless the Board by resolution specifically determines otherwise: 1)accrual accounting, as defined by generally accepted accounting principles, shall be employed 2)accouting and controls should conform to generally accepted accounting principles 3)cash accounts of the Association shall not be commingled with any other accounts 4)The following fmancial and related information shall be regularly prepared and distributed by the Board to all members of the Association ARTICLE VI MISCELLANEOUS 6.1 Fiscal Year. The fiscal year of the Association shall be set by resolution of the Board. In the absence of a resolution, the fiscal year shall be the calendar year. 6.2 Parliamentary Rules. Except as maybe modified by Board resolution, Roberts Rules of Order (current edition) shall be govern the conduct of Association proceedings when not in conflict with Oregon Law, the Articles of Incorporation, the Declaration, or these By-Laws. 6.3 Conflicts. If there are conflicts between the provisions of Oregon Law, the Articles of Incorporation, the Declaration, and these By-Laws, the provisions of Oregon Law, the Declaration, the these By-Laws, the provisions of Oregon Law, the Declaration, the articles of incorporation, and the By-Laws (in that order) shall prevail. 6.4 Books and Records. The Board shall make available for inspection and copying by any holder, insurer or guarantor of a first Mortgage on a Unit, an Member, or the duly appointed representative of any of the foregoing at any reasonable time and for a purpose reasonably related to his or her interest in a unit. 6.5 Amendments. Amendments maybe made to the Association upon written consent of Declarant or the assignee of such right or privilege. BY: Darren S. Lecomte- Managing Member of River City Development, LLC Date Time BY: Chris Adderson- President- Adderson Builders, Inc Date Time i~ ~_ Be it remembered that on the day of , 2003, before me the undersigned a Notary Public in and for the County and State, personally appeared the aforementioned parties. Be it all known to me to be the identical individuals who executed the within instruments and acknowledged to me that they executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed by official seal the day and year last above written. Notary Public for Oregon My Commission expires: ~~ Private Road Maintenance and Access AEreement THIS DECLARATION of AGREEMENT is made this 20`h day of May 2003, by River City Development, LLC; Chris Adderson; Shadows Way Home Owners Association; and James and Shazon Mock hereinafter referred to as Declazant(s), for themselves, their heirs, personal representatives, successors, grantees, and assignees. WHEREAS, the Declarants aze the owners of land located in Jackson County, Oregon, over which a private road is located and which is more particularly described in Exhibit "A" attached hereto and incorporated herein. WHEREAS, the parties desire to utilize the private road for common ingress and egress to their respective properties and to maintain same according to the terms and provisions hereof. NOW, THEREFORE, Declarants hereby declares that the private road herein described shall be subject to the following conditions which are for the purpose of protecting the value and desirability of and which shall run with, the real property owned by the Declarants and described herein, and shall be binding upon all parties having any right, title, or interest in such real property or any part thereof, including their heirs, personal representatives, successors, grantees, and assigns, and same shall inure to the benefit of each owner of such properties. I. Declarants shall also include all property owners that use the herein described road for ingress/egress access. This agreement shall apply to all parties whether the property is improved or not improved. The Declarants shall reserve the right to petition the City of Central Point to require all future parties to join in this agreement for their contribution in the terms of said agreement. 2. Each of the Declarants, as owners, shall have aright-of--way and easement of ingress and egress over and across the private road herein described, which shall be appurtenant to and pass with the title to each of their respective parcels as herein described, subject to the provisions herein contained. This agreement shall be for the purpose and consideration of protecting the value and desirability of the real property owned by the Declarants. 3. The private road shall be used for ingress and egress purposes only and shall not be obstructed by any owner for any purposes, unless with prior consent of all owners. The private road is presently asphalted and is utilized as a road. 4. The expenses of maintaining and repairing the private road shall be paid on a pro rata basis by the owners of those parcels that utilize the same for ingress/egress access. Each owner shall equally share in the cost for such maintenance and repairs. The owners of those parcels utilizing the private Ul road shall agree upon the amount of maintenance and the individuals who should be contracted with to perform same and shall be decided by a vote of the majority owners. Repair shall be contracted to the lowest bidder from as least two (2) bids. The expenses of maintaining the private road shall constitute a chazge on the property of the owners utilizing same for residential purposes and shall be a continuing lien upon their respective properties until paid. Such lien shall also include all interest, costs of collection, and reasonable attorney fees in collecting and enforcing same. As well, such assessment together with the aforesaid costs and fees shall be the personal obligation of the individual owner of such property as of the date when the assessment for expenses fell due. The assessment for the expenses shall become due as of thirty (30) days after presentment of invoice for the repairs and maintenance. The assessment shall bear interest at a rate of 18% percent pre annum from thirty (30) days after receipt of invoice. Any owner who shall have paid his share of the assessment may bring action in equity to foreclose the lien against the non-paying owner's property or in action at law against the non-paying owner personally. 5. The lien of assessment provided for herein shall be subordinate to the lien of any first mortgage or trust deed or like encumbrance upon any of the Declarants properties. No sale or transfer shall relieve such property from liability for any assessments thereafter becoming due or from the lien thereof. 6. Each owner agrees to defend, indemnify, and hold the other owners, the developer, and/or the developer's associates, contractors, or sub-contractors, invitees, guests, or agents harmless from and against any and all losses, claims, demands, or other liabilities whatsoever arising out of his own use of the private road, or use of the private road and none of the other owners shall have any liability as between themselves for any condition existing thereon. 7. Declarants, their heirs, personal representatives, successors, grantees, assignees, invitees, guests, or agents shall be responsible for damage related to negligence of abnormal use and shall repair the damage at their sole expense. 8. In the event, suit, or action, or appeal thereon, is brought in the premises of this Declazation, the losing party or parties shall pay the prevailing party or parties reasonable attomey fees as determined by the Court. 9. The invalidity of any one (1) of the covenants and restrictions, or portions thereof, as contained in this Declaration shall not affect the validity of the remaining provisions and portions thereof, which shall remain in full force and effect. 10. Unless specifically outlined within the terms of this Agreement, all other stipulations contained in ORS 105.170 to 105.185 concerning Easement Owner Obligations will apply see attached Exhibit "B". . , -t DECLARANT: River City Development, LLC BY: Darren S. Lecomte- Managing Member Date Time DECLARANT: Adderson Builders, Inc. BY: Chris Adderson- President Date Time DECLARANT: Shadows Way Homeowners Association BY: Darlene Turner- President Date Time DECLARANT: James and Sharon Mock BY: James Mock- Private Property Owners Date Time Be it remembered that on the day of , 2003, before me the undersigned a Notary Public in and for the County and State, personally appeared the aforementioned parties. Be it all known to me to be the identical individuals who executed the within instruments and acknowledged to me that they executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed by official seal the day and year last above written. Notary Public for Oregon My Commission expires: n - ~~ DECLARATION OF CONDITIONS, COVENANTS, AND RESTRICTIONS FOR MINGUS CREEK ESTATES CENTRAL POINT, JACKSON COUNTY, OREGON ARTICLE I The declarants being the owners and parties in interest of the property known as Mingus Creek Estates Subdivision, in the City of Central Point, Jackson County, Oregon do hereby make the following declarations of conditions and restrictions covering all of the said real property within Mingus Creek Estates as the same appears on the map and plat thereof recorded of the records of Town Plats of Jackson County, Oregon, specifying that this declazation shall constitute covenants to run with all of the land and shall be the binding upon all persons claiming under then and that these covenants, conditions, and restrictions shall be for the benefit of and the limitations upon the undersigned, their heirs, successors, existing owners and future owners of said real property within the said subdivision, in compliance with the provisions of Chapter 94.580 (2) (b) of the Oregon Revised Statutes, hereby makes and files this declaration for the purpose of creating a Subdivision known as Mingus Creek Estates. ARTICLE II RESIDENTAL CONVENANTS (1) LAND USE and DWELLING TYPE No lot shall be used except for residential purposes. No building shall be erected, altered, placed, or permitted to remain on any lot other than one (1) detached single-family dwelling and a private garage for not less than two (2) cars. Two-story homes maybe constructed on lots situated above street level upon approval of the Architectural Control Committee. The foregoing provisions shall not exclude construction of a private greenhouse, a storage unit, private swimming pool, or for the storage of a boat and/or camping trailer kept for personal use, provided the locations of such structures are in conformity with the applicable municipal regulations and are compatible in design and decoration with the residence constructed on such lot and has been approved by the Architectural Control Committee (ACC). ('n PARHING and STORAGE Parking and storage of boats, trailers, motorcycles, motor homes, trucks, truck-campers, wood piles and like equipment or material shall not be allowed on any part of any lot nor on public ways adjacent thereto, except only within the confines of an enclosed garage, which shall in no event project beyond the front walls of any dwelling or garage. Any storage buildings shall be built with the same siding, colors, and roof materials as the residence built on that lot. No junked or wrecked cars will be permitted to be parked or stored within the subdivision. EXCEPTION: Lot #9 shall be allowed to have exterior R.V. pazkingon the south side of the residence. The R.V. shall not project beyond the front of the dwelling. A fence and/or gate assembly shall be installed so as to mask the entrance to the parking area of the R.V. The gate shall remain closed at all times except for the removal and return of the R.V. (8) NUISANCES No noxious or offensive activity shall be carried on upon any lot nor shall anything be done thereon which maybe or may become an annoyance of nuisance to the neighborhood. (9) TEMPORARY STRUCTURES No structure of a temporary character, trailer, tent, shack, gazage, barn, or other outbuildings shall be used on any lot an any time as a residence or parking structure, whether temporarily or permanently. This is to include any type of vehicle parking enclosure. (10) FENCES and HEDGES Hedges or site obscuring plantings shall not exceed three feet (3') in height in Front yard or on the side lot lines forward of the front building line with the greatest setback on a lot or the adjoining residential lot. No fences shall be constructed in the front yard or on the side lot lines forward of the front building line. No fence shall be constructed within eleven feet (I 1') from the side lot line if said lot abuts the street and the fence must end at the back building line of the house. The maximum height of a site obscuring fence or hedge shall not exceed six feet (6') in height. Fences shall be well constructed of suitable fencing materials, and shall not detract from the appearance of the dwelling located on the adjacent lots. Chain link fences with or without privacy slats are not permitted. Fencing materials, design, and location are to be approved by the A.C.C. prior to installation. ~, (11) SIGNS No signs shall be erected on any lot except one (1) "For Sale" or "For Rent" sign placed by the Owner, the Declarant, or by a licensed real estate agent not exceeding twenty-four (24") inches in height and thirty-six (36") inches in width be temporarily displayed on any lot. This restriction shall not prohibit the temporary placement of "political" signs on any lot by the Owner, or the placement of a professional sign by the Developer, which must comply with the City of Central Point's sign ordinances. (12) LIVESTOCK and POULTRY No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot. Dogs, cats, or other household pet may be kept provided that they are not kept for breeding, or maintained for any commercial purposes, or in unreasonable numbers, or provided they do not create a public nuisance. (13) GARBAGE and REFUSE DISPOSAL No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste, shall be kept insanitary containers and out of public view. (14) COMPLETION Construction of any dwelling shall be completed, including exterior decoration, within eight (8) months from the date of the start of construction. All lots shall, prior to the construction of improvements thereof, be kept in a neat and orderly condition and free of brush, vines, weeds, debris, and the grass thereon cut or moved at sufficient intervals to prevent the creation of nuisance of fire hazard, and in accordance with the city of Central Point. No dwelling shall be occupied permanently or temporarily prior to 100% completion. (15) EXTERIOR MATERIALS Roofing requirements and materials: 1) Minimum allowed roof pitch is 5 units vertical by 12 units horizontal 2) Architectural composition shingles 25 years or better 3) All roofing materials must meet A, B, or C requirements for fire safety Any other architectural features subject to control will be approved or disapproved upon submission of plans to the Architectural Control Committee (ACC). (16) SIDEWALKS Purchasers are required, within thirty (30) days after the completion of dwelling, or one (1) year after the purchase of the lot, whichever occurs first, to construct sidewalks along the front and side of the lot inconformity with the standards set forth by the City of Central Point. (1'n RETALNING WALLS It will be the responsibility of each lot owner to retain the property on the uphill side with suitable material to assure the stability of the property being retained if any excavation alter grade in such a manner that retaining becomes necessary. All retaining walls must be approved by the Architectural Control Committee (ACC) and, if required, by the City of Central Point Building & Safety Department. (18) SWIMMING POOLS No swimming pool shall be constructed in any front yazd of any said lot in said subdivision. No inflated plastic enclosures or permanent pool enclosures of any kind maybe constructed or installed without approval of the Developer, his agents(s), or the ACC. Swing sets or other types of play equipment or structures whether portable or permanent are not allowed at the front of the residences, access roads, or driveways. (19) POLES and OVERHEAD WIRES No poles shall be permitted within the subdivision except poles installed by the City of Central Point as street light standards. Flags, official or decorative, are allowed when mounted on the front, side, or back of the house. No overhead wires shall be erected or used for any purpose. No outside radio or television antennas are allowed. A satellite dish maybe approved if they aze less than 24" in diameter. '7 U ARTICLE III ARCHITECTURAL CONTROL COMMITTEE (1) MEMBERSHIP: APPOINTMENT and REMOVAL The architectural Control Committee, hereinafter referred to as the ACC, shall consist of as many persons, not less than two (2), as the Declarant may from time to time appoint. Declarant may remove any member of ACC at any time and may appoint new or additional members at any time. Declarant shall keep on file at its principal office, a list of names and addresses of members of the ACC. The powers and duties of the ACC shall continue one (1) year after completion of construction of all single-family dwellings, and the sale of said dwellings to the initial owner/occupant on all the building sites within this phase of the subdivision. (2) ACTION Except as otherwise provided herein, any two (2) members of the ACC shall have the powers to act on behalf of the ACC without the necessity of a meeting and without the necessity of consulting the remaining member(s) of the ACC. (3) APPROVAL of PLANS by ACC No building or structure, swiimning pools, animal runs, or storage units shall be commenced, erected, placed, or altered on any lot until the construction plans and specifications, showing the nature, shape, height, material, colors, and an elevation from curb level, together with detailed plans showing the proposed location of the same on the particular building site have been submitted to and approved by the ACC. All of the foregoing information must be submitted at least thirty (30) days prior to commencement of any proposed construction. These plans must be stamped prior to submitting to the City of Central Point for a building permit. Failure on the part of the Declarant to act within said thirty (30) day period shall be deemed an approval thereof. (4) NON-WAIVER Consent by the ACC to any matter proposed to it and within its jurisdiction under these covenants shall not be deemed to constitute a precedent or waiver impairing its rights to withhold approval as to any similar matter thereafter proposed or submitted to it for consent. ~~ (5) LIABILITY Neither the ACC, nor any member thereof, shall be liable to any owner, occupant builder, or Declarant, for any damage, loss or prejudice suffered or claimed on account of any action or failure to act of the ACC or a member thereof, provided only that the member has, in accordance with the actual knowledge possessed by him, acted in good faith. ARTICLE IV GENERAL PROVISIONS (I) TERM These covenants shall run with the land with respect to all property within Mingus Creek Estates and shall be binding on all parties and all persons claiming under them until amended or revoked in the manner provided herein. These declarations, conditions, and covenants can be terminated, revoked, or amended only by duly recording an instrument which contains an agreement providing for termination, revocation, and/or or amendment and which is signed by the Owners of at least three quarters (75%) of the platted lots. (2) ENFORCEMENT Should any person(s) violate or attempt to violate any of the provisions of these covenants, the Declarant, or any other person(s) owning any real property embraced within the plat, at its or their option, shall have full power and the authority to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any of said covenants, either to prevent the doing of such or to recover damages sustained by reason of such violation. Failure by the Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Should the Declarant employ counsel to enforce any of these covenants, conditions, or restrictions, by reason of such violation, any and all costs incurred in such enforcement, including a reasonable fee for counsel, shall be paid by the Owner of such lot or lots, and Declarant shall have alien upon such lot of lots to secure payment of all such accounts. ~:; (3) SEVERABILITY Invalidation of any one of these covenants by judgment of court order shall in no way affect any of the other provisions, which shall remain in full force and effect. (4) LIMITATION of LIABILITY of DECLARANT Declarant shall not be liable to any owner on account of any action or failure to act in performing its duties or rights hereunder, provided that Declarant has, in accordance with actual knowledge possessed by it, acted in good faith. In case, suit or action is instituted to enforce and of the foregoing restrictions, covenants, or agreements, the prevailing party in such case, suitor action shall be entitled to recover from the losing party such sum as the court may adjudge reasonable a attorney's fees in such case, suit or action or in any appeal therefrom. Invalidation of any of these covenants shall not affect any of the other provisions, which shall remain in full force and effect. ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS (1) CREATION OF THE LIEN AND PERSONAL OBLIGATION OF ASSESSMENTS The Declarant hereby covenants for all of said property, and each owner of any Lot by acceptance of a deed or contract for purchase therefore, whether or not it shall be so expressed in any such deed or other conveyance of agreement for conveyance, is deemed to covenant and agree to pay the Association: (a) Regular annual or other regular periodic assessments or chazges; and, (b) Special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The regular and special assessments, together with such interest thereon and costs of collection thereof, as hereafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs and reasonable attorneys' fees, shall also be the personal obligation of the e person who was the owner of such property at the time such assessment became due. The obligation shall remain a lien on the property until paid or foreclosed. (2) PURPOSE OF ASSESSMENTS The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents of said property and in particular for the improvement and maintenance of said property, services, and facilities devoted to this purpose and related to the use and enjoyment of the Lots situated upon said property. Assessments may not be waived. The assessment shall be for the maintenance of a Creek and the Private Roads commonly shared by all homeowners. (3) BASIS AND MAXIMUM OF ANNUAL ASSESSMENTS Until January 1S1 of the year immediately following the conveyance of the first lot to an owner, the maximum regular monthly assessment shall be $$ for each lot subject thereto. From and after January ls` of the year immediately following the conveyance of the fast lotto an owner, the monthly assessment maybe increased effective January 15` of each year by the Directors of the Association as necessary to accomplish the duties of the Board of Directors and objectives of the Homeowners Association. (4) SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS In addition to the annual assessments authorized above, the Association may levy in any assessment year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a capital improvement upon the Private Roads or Creek including the necessary fixtures and personal property related thereto, provided that any such special assessment for structural alterations, capital additions or capital improvements shall require the approval of athree-fourths majority of the members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting setting forth the purpose of the meeting. This section shall not prohibit the Directors from authorizing capital expenditures for replacements or repairs or improvements from funds generated by regular assessments. (5) UNIFORM RATE OF ASSESSMENT Both regular and periodic assessments and any special assessments must be fixed at a uniform rate for all Lots and maybe collected on an annual, quarterly or monthly basis at the discretion of the Board of Directors. (6) QUORUM FOR ANY ACTION AUTHORIZED UNDER SECTION 4 At the first meeting called, as provided in Section 4 hereof, the presence at the meeting of members or of proxies entitled to cast fifty-one percent (51%) of all the votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting maybe called, subject to the notice requirement set forth in Section 4, and the required quorum at such subsequent meeting shall be twenty-five percent (25%) of all the votes. ('n DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS, DUE DATES The assessments provided for herein shall commence as to all lots (other than unimproved lots held for resale by Declarant) on the first day of the month. The Board of Directors shall fix the amount of the regular assessment at least thirty (30) days in advance of each annual assessment period. Written notice of the assessment shall be sent to every owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall upon demand at any reasonable time famish a certificate in writing signed by an officer of the Association setting forth whether the assessment on a specified Lot have been paid. A reasonable charge may be made by the members for the issuance of these certificates. Such Certificate shall be conclusive evidence of payment of assessment therein stated to have been paid. Not withstanding any other provisions contained herein the Declarant shall not be assessed for any unimproved lots held for resale. (8) ASSOCIATION EFFECT OF NONPAYMENT OF ASSESSMENTS, REMEDIES OF THE Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within ten (10) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and there shall be aTwenty-Five Dollar ($25) late charge for each month that said assessments are not paid to 10 t~ ~^ Y ~i cover the administrative expenses of keeping the books and billing for same. The association shall have a lien against their property as provided in ORS 94.709. The Secretary of said Association shall file in the office of the Director of Records, County Clerk, or appropriate recorder of conveyances of Jackson, County, State of Oregon, within one hundred twenty (120) days after delinquency, a statement of the amount of any such charges or assessments,together with interst as aforesaid, which have become delinquent with respect to any Lot of said property, and upon payment in full thereof, shall execute and file a proper release of the lien securing the same. The aggregate amount of such assessment, together with interest costs and expenses and a reasonable attorneys' fee for the filing and enforcement thereof, shall constitute a lien on the whole lot with respect to which it is fixed and on any improvements thereon, from the date the notice of delinquency thereof is filed in the office of said Director of Records or County Clerk or other appropriate recording office, until the same has been paid or released as herein provided. Such lien maybe enforced by said Association in the manner provided by law with respect to liens upon real property (ORS 94.709). The owner of said property at the time said assessment becomes due shall be personally liable for the expenses, costs and disbursements, including the reasonable attorneys' fees of the Association or of the Declarant, as the case maybe, of processing and if necessary, enforcing such liens, all of which expenses, costs and disbursements and attorneys' fees shall be secured by said lien, including fees on appeal, and such owner at the time such assessment is incurred, shall also be liable for any deficiency remaining unpaid after any foreclosure sale. No owner may waive or otherwise escape liability for the assessments provided for abandonment of his Lot of any improvement thereon. (9) SUBORDINATION OF THE LIEN TO MORTGAGES The lien of the assessments provided for herein shall be inferior, junior and subordinate to the lien of any first (1) mortgages and trust deeds now or hereafter placed upon said property or any part thereon in connection with the sale of said property. Sale or Transfer of any Lot or any part of said property shall not affect the assessment lien. No sale or transfer shall relieve such Lot and any improvements thereon from liability for any assessments or from the lien thereof. 3 ~.1 11 (10) SUBORDINATION OF THE LIEN TO MORTGAGES The association shall be entitle to foreclose a lien as provided in ORS 94.709 as it currently exists or is amended from time to time. In any legal action brought by the Association to foreclose a lien on a lot because of unpaid common expenses, the owner shall be required to pay reasonable rental for the use of the lot and improvements, thereon during the pungency of the legal action. The Association shall have the power to purchase the lot at the foreclosure sale and to acquire, hold, lease, mortgage, vote the votes appurtenant to, convey, or otherwise deal with the property. A suit or action to recover a money judgment for unpaid common expenses shall be maintainable without foreclosing the liens securing the same. (11) RESERVE TRUST FUNDS The Association shall have authority to elect by resolution to establish one or more trust funds to hold reserves for the maintenance, repair or replacement of specific items, in which case it shall either designate part of the regular assessment or establish separate assessments for such purposes. The proceeds there from shall be held in such trust funds and used only for the designated maintenance, repairs or replacement. '1 '7 lz THE UNDERSIGNED, AS DECLARANTS, SUBSCRIBED TO AND DATED THESE CONDITIONS, COVENANTS AND RESTRICTIONS IN Central Point, Jackson County, Oregon. IN WITNESS WHEREOF, the parties hereto set in their hand and seal day of , 2003. Darren S. Lecomte Chris Adderson Be it remembered that on the day of , 2003, before me the undersigned a Notary Public in and for said County and State, personally appeared Darren S. Lecomte, managing member of River City Development, LLC and Chris Adderson, all known to me to be the identical individuals who executed the within instruments and acknowledged to me that they executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed by official seal the day and year last above written. Notary Public for Oregon My Commission expires: 13 A~-kt~lstrxnt 'E' CITY OF CENTRAL POINT Public Works Department MEMORANDUM TO: PLANNING COMMISSION FROM: PUBLIC WORKS DEPARTMENT SUBJECT: MINGUS CREEK ESTATES FINAL P.U.D. APPROVAL DATE: 5-28-2003 Commissioners: The following were special requirements established in the Public Works Staff report for Mingus Creek Estates: Existin¢ Infrastructure: The Developer shall demonstrate that all connections to existing infrastructure (i.e. streets; water, sanitazy sewer, storm drain systems; natural drainage systems; etc.,) will not interfere with or provide for the degradation of the existing effective level of service or operation of the infrastructure facilities, and that the existing infrastructure facilities have either adequate capacities to accommodate the flows and/or demands imposed on the existing infrastructure as the result of the connection of the proposed development's infrastructure, or will be improved by and at the expense of the Developer to accommodate the additional flows and/or demands; while maintaining or improving the existing level of service of the affected facility, as approved by (as applicable), the regulatory agency, utility owner, and/or property owner involved. The Developer's engineer satisfied the existing Infrastructure requirements. RiQht_of-Way Dedication: An approximate 12-foot section of Right-of-Way along the western property boundary shall be dedicated for the widening and improvement of Freeman Road. Developer dedicated required right-of--way along Freen:mo Rond. ~~ De erred Improvement Agreement: The Developer's consent will be required for the creation of a deferred improvement agreement outlining the developer's responsibility for the cost of improvements including but not limited to: Curb, Gutter, and Sidewalk bordering Freeman Road. Developer paid for the cost of future in:provenzents bordering Freerrrarr Road. Storrn Drainaee Infrastructure: The developer shall develop a facility plan for the storm drain collection and conveyance system which provides for run-off from and run-on onto the proposed development, any future development on adjacent properties, and any areas deemed by the City that will need to tie-into the proposed development's storm water collection and conveyance system. It is our understanding that the storm drainage infrastructure will be a private system, operated and maintained by the property owners. Developer's engineer submitted the required data to demonstrate the capabilities of the development's private storm drain: systern. Driveway Lighting Plan: The Public Works Department does not recommend standard street lighting for the driveway access to Mingus Creek Estates. However, the Public Works Department suggests each residence be provided with an individual driveway lighting system. Developer demonstrated a Lighting Plan was not necessary for the subject development. Existing Infrastructure eliminated tl:e need for the creation of a lighting plan. Utility Easements: The Developer's surveyor will be required to work with local utility to develop adequate public utility easements. Necessary utility easenrer:ts Izave been created All special and general requirements of the Public Works staff report have been satisfied or resolved in a manner adequate for final P.U.D. approval. Sincerely, Public Works Department 80 PLANNING DEPARTMENT STAFF REPORT HEARING DATE: June 3, 2003 TO: Central Point Planning Commission FROM: Tom Humphrey AICP, Planning Director SUBJECT: Final Development Plan -Cascade Meadows PUD Applicant/ Owner: Capital Development 2002, LLC 1014 N. Riverside Avenue Medford, Oregon 97501 Anent: Douglas McMahan Hoffbuhr & Associates, Inc. 3155 Alameda Street, #201 Medford, OR 97501 Property Description/ 37 2W 11C, Tax Lot 9500. 15.25 acres. Zoning: TOD-LMR, Low Mix Residential; TOD-EC, Employment Commercial; and TOD- OS, Open Space Districts Summary: The applicant is requesting that the Commission review and approve the Final Development Plan for the Cascade Meadows Planned Unit Transit-Oriented Development. The Preliminary Development Plan and conditions of approval will serve as the criteria for the Commission's review and decision. Applicable Law: CPMC 17.65.010 et seq. - TOD Districts and Corridors CPMC 17.68.010 et seq. -Planned Unit Development Discussion: CPMC Chapter 16.68 describes the requirements and application process for Planned Unit Developments in Central Point. The Commission approved a preliminary development plan for the Cascade Meadows PUD in March of 2002. Since then the applicant has been busy developing improvement plans, negotiating easements with neighbors, satisfying utility company requirements and finalizing a final subdivision plat. The final development plan is now ready for review by the Planning Commission, whose job it is to determine whether all of the conditions and requirements of the Preliminary Development plan have been met. The City Council will review the Commission's decision at a subsequent meeting. ©~ PlanninE Commission Action The Planning Commission may take one of the following actions in regard to the final development plan for the Cascade Meadows Planned Unit Development. 1. Adopt Resolution No._ approving the final development plan, based on findings of fact and conclusions of law contained in the record and subject to the recommended conditions of approval as set forth in Resolution 539 and this staff report. 2. Deny the final development plan; or 3. Continue the review of the final development plan at the discretion of the Commission. Attachments A. Preliminary Development Plan B. Final Development Plan, Plat for Phase 1 C. Planning Commission Resolution 539 D. Public Works Staff Report ~~ A{12dNN1e.~t-~' A r---T--''r----T--- ~ - J i 1 i 2 i 3 i 4 _ _ ~~~ , ~ i , , , i , 1 ~ , 52'LAVENDER LANE i 1 I 47 _____ ~ 46 ~_____ 4873 ' I I ; 45 ____ _-__ 9 I _ ___ r __-_ 4 72 __ -~-__- 44 1~_____ __-_ ~~__ -J 1 43 i 51 X70 I 1 L42 ___ 52' __~_ ~__ i 1 i 1 4i 53 68 t I ~..~_-__ 5~7 _- __ I I y ~ 39~ , S_j_6 __ __-_ T ~ a -__ 138 , w 0 i S6 65 _____+__ -__ 1- 41 O w ~ ~ 1 _1 "~] I..~..r 37 pU O ~ __- 5764 _ ~_____ ~ j 2 g' p y j ~__-__ 3 K , w y. ' ~ io p NSW 0: v ~ . ~ < h ~ 36 i y 58~fi3 _ __~ __1____ I N Q ~ U d IN r__-__ n ~ n = r I i 34 ____ 59~? ____ ~ W U N Ir_____ 1 ; ~ N N ¢Sz~ I J4 6061 j O w ~ I ~~ S4 ALTA lAtJE ' K ~ n ~i 0] ~ i~t(~~--~~i !76 ' ~ 32 y i i i N I ,r-- ~, ~ r' 31 ~ 30 ~ 29 ~ 28 ~ 27 ~ ~ ~ ~ j °n' __-__ -__ __ __ __ __ l~ K _ ~ U - - CENTERLINE BEALL LANE - V w _ Wes" Nsw LEGEND O U Y ~s~ = ~'' 0 0 < ~ ~J SINGLE FAMILY HOME ~ 5 ~ ~ ~ TOWN HOUSE MINI-STORAGE UNITS ~ $ z COMMERCIAL BUILDING w ~ ~ ~ 3,000 sq. ft. footprint F O -~ ¢ d U y w o ~ ~ PLAYGROUND SLIDE/SWING SET as w row ~ ~ o ~ < ~ PICNIC BENCHES ~ ai o $ w °r F PARK BENCHES ~ ~ ~ ~ v DRINKING FOUNTAIN U °"~..~ 5 6 7 8 9 1 10 \ ~ • O~ C ~' _78j 95___ _776_- ~I ( 10 ~ 100 ess1e0_-__ ~ -- 12 ~ ~ , I w 14 ~ 16 85 ~ 88 -T7 ! n ! f s r.,y I ~ I 17 18 aue II 26 25 24 23 22 21 20 I 19 PRELIMINARY PUD PLAN CASCADE MEADOWS CENTRAL POINT, OREGON NORTH DATE: Jan 032002 SCALE: 1'= 160.0 EXHIBIT ~ . CONCEPT DEVELOPMENT PLAN 0' 80' 160' 240' 320' 400' 480' 8~ 1 2 i 3~ 4 ~ 5 ~ 6 ~ 7 ~ 8 r i r i i i r i 4s 45 43 42 40 ~ I Z i 38 _-~ (~ m I W ~ ~ O ~ ~ 37 Zoo j vpjro _ab ~J~ wFf 1e~36 _ I N OUa Z w ~ I ~ r ¢ _ t. ~ r 34 __~ 1~1 U N Q gi~ i 34 ' -~ z - 1 V O~$ I ~ ~ LL ui .-, ~ ii 33 ' K~"a L~ ~ 32 1 c i 31 J ~::_::_ N ~ w O .ANE - ~000I ACRES i r i i 0 30 I 29 I 28 I 27 I Z ° O - CENTERLINE BEALL 3 LEGEND & LAND USE F' ~ o Nsw DESCRIPTION ~ ~ Y ¢ g R SINGLE FAMILY RESIDENTIAL = ~ . I , a y y Q 102 LOTS N w ~' ~ m TOWN HOMES O Q~ - o K J V 'n ® 22 UNITS CELL TOWER LOCATION o g h 7 UNIT z N m U COMMERCIAL ® 2,500 sf OFFICE 2nd flr. U ~ d 3,000 sf 8 3.600 sf 1st. flr. O o ¢ ~ w O MINI STORAGE ¢ ~ w 68 UNITS °5 w Z ¢ ~, O O wm~ a- i OPEN SPACE ~omw y, ~~~ ¢ ° J ~ _ 4a "U STREET CURBS 8 U ~ $ ~ ` ~ PARKING LANES 10.55 AC. 1.08 AC. 0.04 AC. 0.48 AC. 0.57 AC. 7.26 AC :. K N J Y x n 9 I 70 i 14 O LL K rn n i 17 ~--- 18 26 25 24 23 22 21 20 I 19 INT 21.56 ACRES TOTAL SITE AREA SQUARE FEET PRELIMINARY PUD PLAN a5ss7z.3osF. CASCADE MEADOWS CENTRAL POINT, OREGON 47,450.07 SF. 1,790.82 SF NORTH DATE: Jan 03 2002 27,278.50 SF. SCALE 1 = 76 0 . 0 24 956 33 SF / ~/ ~/ - -// / , . . EXHIBIT f~ ~ L LP ' '' D 54,885.60 SF. ;. 5.97 AC. STREETSB SETBACKS s`~ USE PLHN 0' 80' 160' 240' 320' 400' 460' \` \\ 52 AITA LANE ~_ ~ (n ~ W O O O Zoo N 'O 0 W U ~ 0 ~ V_ ¢FW_-IL y Z N W U Q ~rn QN ~ Z G ~ UO~~ LL_ W .-. 6]~n~ y Q J 1- O (n ~ Z ~ W W F N 0 Ov"' W rr 'gr =w .~ ~ a~ y m W~=~ mi~o mod' Sa`' 0 r r WI 1 0 r 0 m 0 i E n° ^I 0 M 0 N Z N ~ U !- O ~ va a 00 0 m LL O ¢~ w ui f' oa~~ o J N o~W ~a~< Q U - _ m~U U °n .pm. ~ STREET TREE SELECTION LEGEND [~ REDBUD, Certls canadensis'Fwest Pansy t42" cal. Sea EA DOGWOOD, Corrws kousa Var. Chinensis "Satomi" a~ ~-in'wl. eae FLOWERING CHERRY, PNnus cemsifem RhunderGoutl' 2' wl. aea ® KATSURA TREE, CerGdiphyllum japonicum r ~1. sea 2LwW B&19 G PEAR, Pyrus calieryana'ChantiGeef O MAPLE,AcerruMa'Sunset" 2' cat a&a O IITTLE LEAF LINDEN, Tillia cortlala'GreenspiaP 2' cal. Bee HINOKt FALSE CYPRESS, Chamaecyparis obtusa,'Gradlis" s'tau aea PHOTINA FRAZERII 4' on center PRELIMINARY PUD PLAN CASCADE MEADOWS CENTRAL POINT. OREGON NORTH DATE: Jan 03 2002 SCALE: 1"= 160.0 EXHIBIT ~ . V $6 STREET TREE PLAN 0' 60' 160' 240' 320' 400' 480' 9 1 2 3, 4 I I I I I I 46 43 ___ III 51 73 5 1 6, 7 1 8 ~ 9 ~ 10 I 75''198 _____~__ 76197 _____~__ \ \ ~ \\ \\ ~~ ~' ~ \ ~' `~\ `~\ ~ .`\ ,` \ I 1 ~ 40 __ a ( 1 _- __ ~ 1 ~ i Z Sfi 65 ti 82 91 N ~ I I 38 0 __-_ ~_____ ~ _____~__ o _____ 0 y 1 I I D o 0 1 3_7____ O __-' St4'-__ w __-_8+~_ J W R' I tp ° I K v ~ ab i ___ _58163_____ < ____84189__ ~a iV Z w ~ _ 1 ~ h - ~ ~ -~ y 1 85188 1 34 W ~FN ~ ~ 1 Q Q N' ~ 1 1 O ~ ~ I i 34____ 60 61 86 87 ~ u w " I 52 ALTA LANE m cain~ X33 Z 1 1 32 I I I ( ¢ {p I I~ I I I I ~ ~ ~ ~ 31 1 30 1 29 28 1 27 °' --------1---L---J---L-- Z o O p i __3~ .__ 1~~ __-_~ 1 I __-_ ~~ ~131 14 ; 'S i 16 t I 1 ~o 111 102 III F ~' n 18 26 ! 25 ! 24 ! 23 ! 22 ! 21 ! 20 I 19 U o - CENTERLINE BEALL LANE- - - - - - -- W w m _ - _ _ _ - _ _ _ _ _ y~0 O U Y =wg~ LIGHTING LAYOUT PLAN PRELIMINARY PUD PLAN ~ N ~ CASCADE MEADOWS ~ U2,n m o a m POST TOP LIGHT APPROVED BY CITY ENGINEER CENTRAL POINT, OREGON O ~ -- o LOCATIONS MAY BE ADJUSTED FOR DRIVEWAYS AND UTILITIES ~3>~ S rz NORTH w ~ ~ DATE: Jan 03 2002 1- o ~ SCALE: 1"= 160.0 v ~ a a 00 Nw o Q EXHIBIT ~ w z'= a LIGHTL' q ~ > o Jo ~~~< "°qw ~ ~ PLAN $ ~ 0' 80' '160' 240' 320' 400' 480' 8' MAX. HEIGHT OF WOOD FENCE ABOVE SIDEWALK SURFACE ELEVATION ELEVATION SCALE: NTS v ~ ~ N rc w ~ 0 6 ZOO Uno KU~ ° `~' ° zw~ SMALL i ~ WOODEN LOT ORNAMENTAL W ~j" F LINE FENCE TREES N N ~ $ o ~ ~ EVERGREEN SHRUBS & v GROUND COVERS ON m ~ n ~ ~ MOUNDED EARTH BERM i a a t w~ U 0 r Z 0 i U u a fn I- F o _.. _ o ~ LOW GROUND ~ . w ~ P AC STREET TREES COVER HEN O ~ w ~ s ~ PRELIMINARY PUD PLAN ` ~ ~ PLAN CASCADE MEADOWS w y N u CENTRAL POINT, OREGON O~ao ~ 3 ~ ~ SCALE: NTS z NORTH w ~ ~ DATE: Jan 03 2002 i- o .~ SCALE: NONE U~ a Oa 4 ~ w O W EXHIBIT z<~o ~~ ~ BEALL LANE BUFFER ~04~ c?~~= ~~~~ ss SCREENING PLAN ~ o „ `-' o' oo~ ooo~ ooo~ ooo~ ooo~ ooo• U r ~ . ~ ' 2' MAX. HEIGHT OF UNDULATING MOUND UNDERNEATH FENCE LINE (PROPERTY LINE) PROPERTY LINE __ ~ r w N O W 0 0 yea W~~ ~Ve Q~ui r W U N s~~r -,z-$ va~~ LL tll ^. m Ur'~.' ~ m ai s Z O O w W F N Nsw O U Y xwg8' r-gmw`, w ws3 m o~M K ~ a '`'. o $ ~- z y ~ V w z ~O a U K 4 ~ O N w O <~ W ~w z< o o~N~ ~ O _1 N O a W ~~~_ ~o~~ DRIVEWAY GARAGE _~ i w. _ __I Z Y WALK J PATIO 3 w~ w tt o uI y m N ~ DWELLING u~ w ZZZ U O ~ q a ~ u p PROPERTY LINE _ v ________________ -__-__-_____ T YP I .AL OF INTERIOR LOTS I ~ROPERTY LINE t- 5' ~ a ~ w i~ a 3~ PATIO ~ u "~ GARAGE DWELLING > ~{ -- w I O ENTRY WALK g ~ Q `- % ~~ K yi FRONT ~ PORCH I Zj a g PROPERTY LINE TYPICAL OF ALLEY LOADED LOTS NOTE: PLANING STRIP BY ALLEY IS 4'-0' WIDE WITH GROUND COVER PROPERN LINE w N CONCRETE SIDEWALK /~~ PLANTER STRIP J . ~ 0 -- -` EXHIBIT L STREET Typical Site Pla~ _-~f TYPICAL CORNER OF LOTS Single Family Dwelling Lots t= ~) (~ 0' 1S' 30' 45' 60' 75' 90' Q j NOTE: SINGLE FAMILY RESIDENTIAL i UNITS MAY EMPLOY ZERO LOT LINE CONFIGURATIONS WHERE NEEDED. 'w '~ y 3 '~ j GARAGE la ~ ~ 'K ~a ~ PRELIMINARY PUD PLAN a ~ DWELLING ~ CASCADE MEADOWS y o ~ CENTRAL POINT, OREGON i w ~ w g w ~ ~ w PORCH ~ ' a v a ' ~ a ~ ' NORTH PROPERTY LINE DATE: Jan 03 2002 SCALE: 1"=30'-0" Jan 03 2G~-=72:16pm C:\JOBS\MOntero\Szii-CM_Ezhibits.dwg CRAIG STONE & ASSOCIATES LTD. 708 CARDLEY AVE., MEDFORD, OR 97504 (541) 779-0569 MICHAEL MONTERO-APPLICANT CC Cr ROBERT H. FOSTER CONSULTANTS BRUCE JAMES ANDERSON DESIGN LANDSCAPE ARCHITECT CALIFORNIA ARCHITECT C28109 431 ASH ST., LAKE OSWEGO, OR 97034 717 E. MAIN ST., STE.74, MEDFORD, OR 97504 (503) 635-6790 (547)6086421 ~ PROPERTY LINE Z ~- -- -'--°-------' ~np~ i O~ O D ~ .Z / ~r , m m O S m z 4, = m m ~ ~ 0 2 c, D Z N ~ ~ fTT f W ~ ~ Q T~ N m ~-~ o ~ ~ v~'p A ~ N rn ~ ~m smc ~ r ~ ~ and 1~C o A O ~ fig W O o ~ ~ -~ r ~~ rn ~ bN~ zCnZ CONCRETE SIDEWALK PLANTER STRIP STREET CURB LINE __-"-L----'-----' DRIVEWAY CURB CU}' ~ PLANTER GABLE END VENT 2re TRIM AT _ - WINDOWSILOWEftS - - - - - - - - - --__- _- -_ _ ._._ _ _ _ _ TYPICAL. ~ NG WINDOWS ® ~ ® ___ ]K AT PRONT OF BUIIgNG T _ -_ - YPICAL ~ ~~ ®. EEEH EEEB E~® _ ® ~~ _._._._ a~ - ao ~~__~~===~=1==='=___- -=====L_~c==Ali==vL3 a 2 'q' ~_ T V) ~ W ~ ~ O zoo to b0 N ~y U W ~Ua zw~ QrF (AIN W ~U ` N Q Q N ~ 2 ? U~~io ~ LL YI .~ m U ~ '~~' N H Q ~i o 'J P (n K z o O w Ww~ Niw O~~ .~ =w ~~~~ WN~a O z~" 0: ge'o O $ ~- z Nm V w ¢ - !- O ~ U rc D 00 a ~w Q~ W ~w o>~~ ~ o J No~W (7 ~ Q a U.. w^U U °n 'p_L ~ SCALE: NTS ENLARGED SECTION OF ELEVATION TOWN HOUSE FRONT ELEVATIONS SCALE: NTS TRIM AT DOORSdCORN IT. GUTtER AND DOWNSi PRELIMINARY PUD PLAN CASCADE MEADOWS CENTRAL POINT. OREGON NORTH DATE: Jan 03 2002 SCALE: NONE EXHIBIT 2.12 TOWN HC' 'E 91 ELEVATIONS 0' 00' 000' 000' 000' 000' 000' Jon 03 2uuz-12: 21pm C:\JOBS\Montero\6x11-CM_Exhibits.dwg CRAIG STONE & ASSOCIATES LTD. ROBERT H. FOSTER 708 CARDLEY AVE., MEDFORD, OR 97504 LANDSCAPE ARCHITECT (541)779-0569 431 ASH ST., LAKE OSWE MICHAEL MONTERO-APPLICANT (503)635.6190 W C':/ O ~ m - t°~ N nm r D ~ m c n ~~ m ~ mD~ ~~ t r'r ~ D v~~ ( ~ ~ A >m r ~ ?D~ r ~ [" ~ ~ 'p Z ~ ~ ON2 Z~JZ CONSULTANTS BRUCE JAMES ANDERSON DESION CALIFORNIA ARCHITECT C26t09 GO.OR 97034 711 E. MAIN ST., STE.14, MEDFORD, OR 97504 (547)608-6421 I HASKELLSTREET _ o ~ - -- ti PLANTER STRIP AND ISLAND ~ f I i x HASKELLSTREET ___- ___-~~ PLANTER STRIP I ~ ~ ~ CONCRETE SIDEWALK , PROPERTY ~ 9 N s m A z 2 I N D f f x z a ~ D I x I m A ~DW ~-- r Z Im i I m p v I BREEZEWAY N x x 0 D a < D D m a 5 z m A p A m K s z a RESIDENTIAL l0T m Z ~ m ~ x m I, ~ ~ m N O m y 0 BEALLLANE EXPOSURE SCALE: NONE a D w m i i d i m 3 ti a N 0 N N O 8 ~ ^m y o w ~ d rc X00 N N 4 KU~ ~Ua w Q~w ys~ W U~j ~aNN 2_ W ~ Q O~ ~ u W ^a m U~'n (A F A J Z o O w W F N O O~y O _ ~ ~ m Fay m W~~m O ~¢o ~5<~ ~„ F N ~ U W K - t- o a U rc a Oo Q 00 a~ W ~ F w> z z a~,o o~~~ _;~~< Q w ", O U °`pv'~ HASKELL STREET EXPOSURE SCALE: NONE NOTE ARCHITECTURAL STYLE WILL BE MAINTAINED. ELEVATIONS FOR ILLUSTRATIVE PURPOSES. ACTUAL DESIGNS MAY DIFFER SUBJECT TO LESSEE REQUIREMENTS PRELIMINARY PUD PLAN CASCADE MEADOWS CENTRAL POINT. OREGON NORTH SC9GHLE^i~t@Nff a7 c) EXHIBIT 2.14 COMM ERC' '„L BUILDING ELEVATIONS 0' 00' 000' 000' 000' 000' 000' ~,... ~ PNASE. 1 ~ADQo~~uNrrY CASCA~ PLANQ~DEDiN'T.g7S., R.2W'OREGON CO THE S.W' ~,TRAI POINt`o3ACKSON LINTY, ` r GORV£YOR'"+ OgRSIfIGAE ` C`TY Qf CEN t pregan do hereby he State o INS Iraq of pion REOf, W hove sd our hands and wets thli-~d6Y °~~"J _- lµ WI1NE59 WNE ~r~ LACS!`12Yi19Py~~b~Lt-p° doY °L•~tad tha wlthtn N sd bd°p m• this _---~rtson wha exsW STATE OF OREGO ss. cpnawbdp pod valunlarRY~ CossntY a1 laakson was ° known tO sold L.L.C.`f °stY Tb tonpoln4 Inskum•nt on b•hail of 100'+, by Inalmm•nt °Y' ary Beton ms: bd9•d bat°r• ma 1Nb ~-"'~ ho who •xecuG4 tha wNhin STATE OF OR ckaan J aa' acknow Nnown to m• as Ih. Ps GauntY of Jo n1 was She lonpainq tnsfrvme and valunfadlY. 2003. hY behoiJ of saki LLO.. pesty , imtrument on 8siora m•: of OaunH Pa9~~ for ardK of Ih• Gwn ace dn9sP~ovinp INs P~f •se Valum~--^'r~ J°a(na{ al Pr µ, and c°mmlaamnwa a'Ceck---~ zoos ate-- or pan. ~~~~~~~~nn~~uucc o rda of Jacks°n Gounhr ~ (Ibd mr rw°°rd 1Nl~otryoi Pop•~~ i Asco m Yalumb---~ sP° acordsd _-_~...-- oun a ~~Y OF OREGON ~ alonol fond 5~ near as ~ra in + bbnn acaurou d•sc04 1 Pd Prof •° rover moo 1NV lot ow p iTATE of Jotkvon as Non. a dWY Ragla fed wqh IM 4 a ~mae and Waat (:°untY Ran e 2 i pouploa G~ tt~Nhy aUMYtortwct nPr+r•ntallon of iN townahlp 3T $O j~rep'S4a10~ M tm aedltY Shat t hove tqt if a land Elofm No. 8A, aq tonal Irwcf d+pp W 50' Ea Q+rvon abown and ih+ P of ponatte a br Iln= ai B comer ° mm+r Ihmce Wn9 0s °a1h• SoutP•ald cmUr floe North OIN ppun~ 1 1F• tract: .__ r th• ttoddeoanrv. On>i,°^..a 30.96 tact insmw Isavin0 avs dlac tar tfi• ynlvta4 Peli.tl; Ih• 2003. nn9 rac r ol._,~---- •d an6 approved IMa.--~doY °on urvgor 2903. Ex°mh' nVWr•d by p_R'R, 92.t40 0+ o~ sa•am•n fxamlMd and aPPr°veb °a s•tlaap epo m•n a 92.095 hav bean P°~ as na required EY O.R.S_ All toxe•. Po, ees•nm•nt• ar °iMr PNarp•a r 2dtl3. °~ aX °ina saora•d [ prC°unH. nNasoo m t ~ 1 lM on N ~ Ottkiat R1d tryai Oa.dkattnProP•rtY shrown d•atp of th _ os Oocummt Naln, pl•~D1n Ihs 4Nn o4 sa db•d blal far Pubiic ua•~ BY~ 1N• Pt n6 dln°1M P° ° TIIN' 24..-` CY a•daarod OREGON ) tNia no bet atilt of STATE oFt lackson) aa' d before ms CWnty ° woe ncknowUdq• TM totlpoln9 hylramenl as.,,~.'.'~-_.- inaY °^d votontadlY~ ' (etoosut ow i) Bs<on ms: µotaN m[a 1 °~_ EXPIRES 12(55/pl APPROVALS ` a a doY o! a * ge9erknanl 1Ma.--~~ Exomtnsd ovW °PP jp03•bY the CM at Genlrat Palnt PbnWa9 ~- _r CASCADE MEADOWS, PHASE 1 A PLANNED COMMUNITY LOCATED IN: THE S.W. 1/4 OF SECTION ii T.375., R.2W., N'.M., CITY OF CENTRAL POINT, JACKSON COUNTY, OREGON 1' ,, i r9x ~ _ I 8 ~_ 1 $ ~ 2 ~~ 55•~~ Se' ~~ 3 {• ~[Cfi £ 0' PU[ OT33'f0'W 521<' . r .~ _ ,. ~ - xersi \ / -1 = I 32 1 s5rs1.2 1Wm 37 659A~ sersrs `sP. 1 30 mrst YO•w ¢l T 29 AM1 ~5(W SSnI'3e•1Y O f00.W g Ner31'NT 1 W. 1y61\l 27 sIN 9m' fo• PI1[. x5rs•lo•[ leo.a ' PLaSfIW.V pN¢431 3 E 1 WNKMAY TRACT "B" PARK AREA ° (SEE NOTE ~3) SSr51'2o•W 26 YT51"M•M 5 •xow m95 IW.W ~ s5rs 25^x 1W.W 23 t' 4 $~z 5 S~ 6 =~ 7 ti~ 3153 AlAMEDA STREET, sURE tot MEOFORD, OREGON (SH) A9-{6{I BY: OOUGL6 C. 4WAHAH PLS X9. 1913 SCALE: 1 Incx = 60 ini ApHI J, 2003 BASIS OF BEARING: FILED SURVEY N0. 1933 (f BFA1l LANE) O = SEi 5/B•xR{• REBAR WRX PLASTC GP STA4PE0 D.ucwAxAx Ls ts1S'. j(° SEI 5/8'x30• IRON PIN WRN PLASTIC GP STAMPED '0.4CYAHAN LS 1913'. f = FOUND 5/C' IRON PIH WfRf CAP STAMPED 'K,USER RlS BOS PER S/N 13621. O• a FOUND BRASS GP YONUYEI.T • = FOUND 5/e' IRON PIN WRH CAP STANPEO 'N.wSER RLS 803 PER S/N 12]33. = SET 5/6' x 30' REBAR WRN METAL CAP SEAMPEO 'D.YCYANAN 6 1913' PUE = EASE4EM FOR PUBLIC UTIItfIES, STORY DRAINAGE, CAS n~ WATER. ELECTRIC. TELEPHONE, CABLE TELEOSON AND ~ us ~. SANRARY SEWER CONSTRUCTION AND YAIHIExANCE. i SM ¢lel S.D.E.= 10' STORM DRAINAGE EASEYFM t0 1HE CRY OF CENTRAL E \s' PDINL BENC CRE/,1E0 HEREON. \ \ B.C.V.B.A.= 13' SANRARY SEWER EASESIENT TO BEAR CREEK VAII.EY SANRARY AURIDRRY BE1NC CREATED HEREON. PSDE = PRrvA1E STORM DRNNACE FABE4ENi. \ ~ J.C.D.R.= JACKSON CWN1T OEFO RECORDS \S/N = FLED SURVEY NUYRER ~~ ~~ WRiAI POINT SET 2 i/2' BRA55 pISC ON \O \~(~ 2' 30' IRON PIPE W POSfpON OF FWND t0'A ~f 5/B' IRON PW PER 5/N 15621 FOR INTILLL T POINT STAMPED 'INITIAL POIM CASCADE n \H,9 ~y~ MEADOWS, PHASE 1 LS 1913' ~ OP ~n'yh 2) BElxc GRANTED TO THE CRY OF CENTRAL POINT HEREON. ~\ \O ~9~ ~~ \ ~9 ~"s. A 'Ld' W. 9 ~.$ \~~ \ ~ 'i 91w ~° P9~>°~ v.>°\~ \ 8 ~. I ~. Ig_ 9.d H W I =~ N JI J W Y N SI b. ( ~. i 1 _NDER ~ LA NE -.- TAP31 .35•C35Zp1'-' ~ 100. F- -/ ! I _ - - ~`^ 1 i I N . 33 R 56 l9• N!9'S1'30'E 1¢r51'TO•E f9am ~ 34 1 57 ~°' G 2¢' 3¢' I N~ I S x5rsrxo2 x5rsrm2 1 1 ' r ; ~; 35 I ~°' PBE 56 ~^ of x5r51.352 NSrS 'xo•E r; 109m 1W.C0 ~~ 36 55 (g ': I xm's1.2n•r NSWS„mr I gl 37 54 IR~ xersr2o•[ x5rs1.3o2 ,~ 1 g 38 S3 ~~' o~ ' rSr30'E f00.0e' X59.51'202 100.00 X34312 1 MSr 1 . ~ R~ 39 52 ~ ; NSr31'30'F NSYS1'30Y ta.m 1oa00 8~ A ~ 40 88 S1 ~ Wr31'I02 4' N5r3 ' 0•E g lonac 47 SO Sr51'2o2 x¢9'31'302 f00.Po 100m of 42 49 ' NSC51.30'E NSrSf Tel I tw.oo la0.ac g~ 43 48 1r NSr31'10•E N¢Y51'30•E 1 W. 101 _~ 44 _ 47 jl O t. W K W J N~ 3¢' 3¢' 90 ~~~~~ u 8 9 \ \ 1 ~ { 7 88 r I I 87 !u6 ~.5 B4 83 82 87 u ;, 80 ~ ~ 9 ~~ ~ M .. r ° ulr3rlo~E '~ o SM19 ^ 10 aT( ° 22 I' 1 1 .i w45 ) 46 I I i e \ _ 1n rvE~ l 4^_° --s -J ~ 11 G ,Y 00 M' m M' A' W 00' 0' NE r~ tsB.oo'" ALTA LANE xersl'ao2 \) - 5¢C31']OM : 1liM O O JISr31'30 f I 15.00' ~{0, ..._ ~ sa_a0 0.0 o u_ s9.9a So.oo m.a~ so.00 sa so.o0 oy W 6 ~ ° A° L"8 8 o°; - e _ 21 Q$~8 20 a) ~ 92 $0 79 E8}~ 18 p8_ 17 $°' 76 go_ 75 14 _ 13 $ 12 ~_ a Nw z I f0' W[~" a IO' Ni $~ Y.° rX ~~ $a 5' P " y1 ~' --~___ Y 50.00' eo• SB• o e• wi., I $ ~'~-~ o ' I ) SSr51'SOY( ]59.10' ^ J J FOR ESTREET PIURPOSES ~~__.'^' _ ~_~. ue.oo' __ o _ _BEALL LANE _ en.~5'_ _ _ _ _ _ - _ _ _ _t _._ ~ (SAas aF uAUxc) s59~sramw f¢b.99' (ursl':0•vr feb.B¢• PER s/u lass) SJ 2W NC LL 9500 (&513 0: BUAIXE) TRACT "A" $. ~90 PARK AREA ~ 'piC \~ (sEE NOTE {2) ' \•f~ \ 'C. \ ~0 M .. \O~ M¢T51'20•E 1926)' j' \ r \r~ \~' \ ° SBYSf'90Y 1T.05' „ ~\ \ \ `~ \\ RENEWS 12/31/0{ V (,~ pda~-ed PLANNING COMMISSION RESOLUTION N0.539 A RESOLUTION GRANTING APPROVAL OF THE TENTATIVE PLAN, AND CONDITIONAL USE PERMIT FOR THE CASCADE MEADOWS SUBDIVISION AND PLANNED UNIT DEVELOPMENT (Applicant (s): Michael Montero) (372W11C, Tax Lot 9500) Recitals 1. This matter came before the City for hearing on March 5, 2002, on applicant's planned unit development, conditional use application, and tentative plan for Cascade Meadows Subdivision in the TOD-LMRdistrictoftheCity. The Planning CommissionreviewedtheapplicationandtheCitystaff reports, and received comments from all persons wishing to be heard in favor of and opposed to the application. Now, therefore; BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF CENTRAL POINT, OREGON, AS FOLLOWS: Section 1. Criteria Applicable to Decision. The following chapters of the Central Point Municipal Code apply to this application: A. Chapter 16.10.010, Tentative Plans B. Chapter 17.20.010, R-1, Residential Single-Family District; C. Chapter 17.65.010, TOD Districts and Corridors; D. Chapter 17.68.010, Conditional Use Permit Section 2. Findings and Conclusions. The Planning Commission hereby adopts by reference all findings of fact set forth in the City staffreports, and concludes that, except where addressed in the conditions to approval, the application and proposal comply with the requirements of the following chapters of the Central Point Municipal Code: A. Chapter 16.10.010, Tentative Plans B. Chapter 17.20.010, R-1, Residential Single-Family District; C. Chapter 17.65.010, TOD Districts and Corridors; D. Chapter 17.68.010, Conditional Use Permit Section 3. Conditional Ap rn oval. The application for site plan approval is hereby 1 -PLANNING COMMISSION RESOLUTION NO. _539 (03052002) ~~ ~~~ u condifionally approved, subjectto the conditions set forth on Exhibits "A"and "B", which is attached hereto and by this reference incorporated herein. PassedbythePlanningCommissionandsignedbymeinauthenticationofitspassagethis `?{0j day of ~tz.~-~ , 20 f~~'. ~~~e Planning Commission Chairman by me this S~^ day of M w ~ , 20~ a-^. Planning Commission Chairman 2 -PLANNING COMMISSION RESOLUTION NO. _539 (03052002) r t ATTEST: Exhibit A C[TY OF CiE;PdTRAL t'OttltT ' AEPAR7'MEA17' OP PUBLIC WORfCS . Preliminary STAI'F REPORT To: Central Point Planning Commission Date: May'lst, 2002 Applicant: Michae- A. Montero • 802 Nadia Way Medford, OR 97504 Agent: Robert W. Foster ConsattanfslCraig A. Stone ~ Associates, Ltd, Projec#: Cascade Meadows Location: Beatt Lane Legal: _ Zoning: Units: Plans: Report Dy: public Vllortcs Department Purpose Provide information to the Planning Conunission and Applicant regarding Public Works standards and proposed new standards to be included in the design. Gatlxer information from the ApplieantlEngineer regazding proposed development. Special Conditions 1. Street improvements along Beall Lane bordering property including curb, gutter, and sidewalk 2. ~ Recommendation for the addition of fuming lanes on Beall Lane (Jackson County approval will be required). 3. Public Works Staff Report will be subject to change until Construction Drawings are reviewed and approved. ~~ ., . General 1. Applicant shall submit to the City's Public Works Deparhnent (City's PWB) for review and approval, plans and specifications for all improvements proposed for construeGon or modifications within the City orpublicrights-of--ways and easements. 2. Public improvements include, but are not limited to, streets (including sidewalks, curbs and gutters); storm drainage and sanitary sewer collection and conveyance systems; water disfribution system (up to the service meter and including fire proteefion); street lighting; and traffic control devices, street signs and delineation. 3. All construction of public improvements shall conform to the City's Public Works Standard Specifications and Details (City PWD Standards) and other special specifications, details, standards, and/or upgrades as may be approved by the City's Public Works Director. 4. During construction, changes proposed by the Developer shall be submitted in writing by the Developer's engineer to the City PWD for approval prior to installation. 5. No construction shall commence until the City PWD has reviewed, approved, and issued a Public Works pemnit for the proposed improvements. 6. The Applicant shall pay for all costs associated with the design and installation of the improvements specified on the approved plans. 7. Applicant shall provide copies of any permits, variances, approvals, and conditions as may be required by other agencies, including, but not limited to Oregon Department of Fish and Wildlife (DFW), Oregon Department of Environmental Quality (DEQ), Oregon Division of State Lands (DSL), t3.5. Army Corps of Engineers (ACOE), affected irrigation districts, and 7acl:son County Road and Park Services Department (3C Roads). S. Prior to approval and acceptance of the project, the Developer's engineer or surveyor shall provide the Public Works Department wiUr a digital drawing of the construction "as-builts" in an AutoCAD compatible format. As-built drawings are to be provided to the City which provide "red-line" changes to final approved construction plans which identify the locations and or elevations (as appropriate) of actual installed items, including, but not limited to, invert, inlet, and rim elevations; spot elevations identified on drawings; road alignment; water lines, valves, and fire hydrants; water and sewer lateral stafioning; modifications to street section; manhole and curb inlet Locations; street light locations; other below grade utility line locations and depths; etc. Provide a "red-line" Bard copy (on Mylar) of construction drawings, and an acceptable AutoCAD compatible drawing electronic file to the City at completion of construction. ~~ R The construction plans and the as-built drawings shall identify lateral stationing for construction of sewer laterals. Wafer System Earisting Tnfrastntcture l] 16" Ductile Iron Waterline 1. Applicant shall pmvide properly sized service lines to the buildings in accordance with' the Oregon State Plumbing Specialty Code. Applicant shall pay any associated costs with up sizing the meter or tap iequired to serve the buildings. 2. Each building shall be served by a separate water meter. 3. Provide construction drawings for the relocation of the fue hydrants. Steamer ports at hydrants located in the complex shall face the buildings. Pire hydrants shall be protected from vehicle damage and encroachment. 4. Specifications for the design and construction of the water system shall be in accordance with City PWD Standards. 5. lateral /connection stationing and size shall be provided on construction plans and as-built drawings. 6. Developer shall comply with Oregon health Division (OIiD) and City requirements for bacldlow prevention. An OFID approved bacldlowprevention assembly shall be • installed immediately downstream of the water rneter serving each dwelling unit. 7. Construction drawings shall include the size, type, and location of all water mains, hydrants, air valves, service connection, and other appurtenance details in accordance with City PWD Standards and as required by the City P\'JD. S. All connections to the water supply system must comply with OHD requirements. Water will not be "turned on" by the City until such requirements have been met to the satisfaction of the City's designated inspector (currently the 7acl:son County plumbing inspector). 9. Water system shall be tested in accordance with City PWD Standards and requirements at Developer's expense and must be approved by the City. Sife ~worlc, Grading and llesign, and >iltility Plans 1. Applicants shall provide a gtading/paving plan(s) with the construction drawing submittal to the City P.D. Plan(s) shall illustrate the location and elevations of the base 1~~ i q, A11 existing easement locations and those proposed for this development shall be shown on the final plat with reference to the recordation number and Grantee. lU2 EXHtBtT "B" .ifl rrsotu~~o++t.5~ PLANNING DEPARTMENT RECOMMENDED CONDITIONS OF APPROVAL A final development plan, containing in final form the information required in the preliminary plan shall be submitted to the City within six months of approval by September 5, 2002. A six month extension may be granted by the City upon the applicant's request and for good cause. 2. The project must comply with all federal, state and local regulations, standards and requirements applicable to the development and requirements applicable to the development and construction of the Cascade Meadows PUD. 3. The applicant shalt submit final parking, landscaping, lighting and sign plans to the City for approval as part of the final development plan. 4. Prior to final plat approval, the applicant shalt submit to the City of copy of the proposed covenants, conditions and restrictions (CC& R's) for the Cascade Meadows PUD. 5. The applicant shall comply with all requirements of affected public agencies and utilities as they pertain to the development of the Cascade Meadows PUD. Evidence of such compliance shall be submitted to the City prior to final plat Approval. 6. Fences in the Cascade Meadows PUD are permitted to be higher than the four foot maximum allowed in the TOD Corridor but not exceed six feet in height consistent with other provision within the City. Chain link fencing may be used to enclose the mini storage facilities provided it is appropriately screened with landscaping. 7. Approval of the conditional use for the Cellular tower and associated equipment building(s) is contingent upon a commercial zone change adopted by the City Council. 8. Architectural design features that are characteristic of the TOD Corridor standards shall be satisfied for both the single family detached homes and the town homes. The applicant shall work with staff to arrive at compliance and provide evidence of such at the time the final development plan is considered. ion ,6-1t tcNvN~a1fi i~ CITY OF CENTRAL POINT Public Works Department MEMORANDUM TO: PLANNING COMMISSION FROM: PUBLIC WORKS DEPARTMENT SUBJECT: CASCADE MEADOWS FINAL P.U.D. APPROVAL DATE: 5-28-2003 Commissioners: The following were special requirements established in the Public Works Staff report for Cascade Meadows: Existing Infrastructure: The Developer shall demonstrate that all connections to existing infrastructure (i.e. streets; water, sanitary sewer, storm drain systems; natural drainage systems; etc.,) will not interfere with or provide for the degradation of the existing effective level of service or operation of the infrastructure facilities, and that the existing infrastructure facilities have either adequate capacities to accommodate the flows and/or demands imposed on the existing infrastructure as the result of the connection of the proposed development's infrastructure, or will be improved by and at the expense of the Developer to accommodate the additional flows and/or demands; while maintaining or improving the existing level of service of the affected facility, as approved by (as applicable), the regulatory agency, utility owner, and/or property owner involved. The Developer's engineer satisfied t&e existing Lzfrastrueture requirements. Storm Drainage Infrastructure: The developer shall develop a facility plan for the storm drain collection and conveyance system which provides for run-off from and run-on onto the proposed development, any future development on adjacent properties, and any areas deemed by the City that will need to tie-into the proposed development's storm water collection and conveyance system. It is our understanding that the storm drainage infrastructure will be a private system, operated and maintained by the property owners. 10 ~~ Developer's engineer submitted the required data to de»:onsb•ate tke capabilities of the developrnent's private store: drain system. Li IQ zting Plazz: The Public Works Department does not recommend standard street lighting for the driveway access to Mingus Creek Estates. However, the Public Works Department suggests each residence be provided with an individual driveway lighting system. Developer's engineer created mz acceptable street lighting plan. Utility Easements: The Developer's surveyor will be required to work with local utility to develop adequate public utility easements. Necessary utility easements have been created. Street Improvements: Street improvements along Beall Lane bordering property including curb, gutter, and sidewalk Improvements Izave been constructed. Turning Lazze.• Recommendation for the addition of turning lanes on Beall Lane (Jackson County approval will be required) Turz:irzg lax:e l:as been constructed by the Developer axzd approved by Jackson Couxzty. All special and general requirements of the Public Works staff report have been satisfied or resolved in a manner adequate for final P.U.D. approval. Sincerely, Public Works Department lU PLANNING DEPARTMENT MEMORANDUM HEARING DATE: June 3, 2003 TO: Central Point Planning Commission FROM: Matt Samitore, Community Planner SUBJECT: Refinement of Tentative Subdivision A~ licant/ Owner: Cedar Park Group, L.L.C. PO Box 5505 Central Point, OR 97502 Agent: Daniel L. Davis 4550 Little Applegate Road Jacksonville, OR 97530 Pro er Description/ 37 2W 03B, Tax Lots 700, 800, and 900 5.10 Acres. Zonine: TOD-LMR, Low Mix Residential Summarv• The applicant has requested a modification of the tentative plan to reduce the overall number of lots from 32 to 28. Applicable Law: CPMC 16.10.010 et seq. -Tentative Plans CPMC 17.65 et seq. - TOD Districts and Corridors Discussion• The applicant has requested a modification of the Cedar Park Tentative Subdivision. The original tentative plan showed 32 lots. In working out the financing, surveying, and enginering for the subdivision it became apparent that the original plan was not going to work. The applicant submitted a revised plan (Attachment "A") that shows approximately 281ots. The overall density of the plan will not change because the developer is planning on building duplexes on the larger lots. The changes to the plans come in the first blocks off the Northern most road. The first block on northern side of the original plan (Attachment "B") indicated seven lots. The revised plan indicates five lots. The South side originally indicated six lots and now indicates four lots. The plan is still in substantial compliance with the original plan and no conditions of approval have been revised. cos Planning Commission Action The Planning Commission may take one of the following actions in regarding the modified tentative plan.. 1. Adopt Resolution No. revising Resolution No. 566 reducing the number of lots in the tentative subdivision from 32 to 28. 2. Deny the modifications of the tentative plan; or 3. Continue the review of the modifications of the tentative plan at the discretion of the Commission. Attachments A. Revised Tentative Plan B. Original Tentative Plan lU"l / / ae ~ ~~"~ ~~a} I I ~s ~~ etl 1 ~ ~~ I i ~~ I ,,,..m ` i i` sY I I+ \ ~ + n ~ ~~ \ ~v {i // i a~ ~ ~ i 11 P ~ 1' I A ~ ;~ e~ a °l ~`~.n Ia ~oJ! 6 T. $R a . yn I / on r ~r i : of ~ 1 m K ,... ,+°P° l : l ~ ::. t ~t ~Qi I~ ~ ~ v:w lie { 3 Y y,n„- a_ yg 1 ~ ~. p i ~ ~ t ::,.... K-:~.. . ~ r, rl ~ ~" ~ 1 rn ~'~ l ' - ~~'C -ct,~ -- ~ li l ~:~ 1 r ~ ' . 3- i ' 1 n ~ ~ ~e ^a ~ 7 11 i t ~3~1 --.^"- : , 1 1 I ~ v,r , ~.;. I ` ~ ~ 3 ~ ~ ii r ' li S A i '6 i 1 1 .. .. _ ! it ,^ '/ :1 ! r 1 g 1'` ate,. A.~ f $ I , a ' ,~ : r --, vw ~ ~ -`- v.u ~ 1 3 ~" r• u n~ w+ 3 F~ .M: >r - O Y Iu[~w wLL~ ~_-_ i IYtY i :r~ert ~# 3 ~ ~~ I 1 ~ 4 ; 1 g ~ t gg 1 ~ `ug 3pa$ v ~ C at?yi E aa, ~ ?ifi 4 R 3 a t t S ~./