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Home My WebLink AboutPlanning Commission Packet - October 1, 2002CITY OF CENTRAL POINT PLANNING COMMISSION AGENDA October 1, 2002 - 7:00 p.m. E~ E8 Q Next Planning Commission Resolution No. 554 I. MEETING CALLED TO ORDER II. ROLL CALL Chuck Piland -Candy Fish, Don Foster, John LeCrros, Paul Lunte, Rick Perry and Wayne Riggs III. CORRESPONDENCE IV. MINUTES A. Review and approval of September 3, 2002, Planning Commission Minutes V. PUBLIC APPEARANCES VI. BUSINESS pg 1 A. Public hearing to review an application for a Planned Unit Development at 431 North Second Street. The subjectproperty islocated inthe TOD-MM1Z, Medium Mix residential zoning district on Map 37 2W 03DB, Tax Lot 800. pg24 B. Publichearingtoreviewanapplicationforatentativelotpartitionandsiteplanthat would allow a drive through restaurant to be constructed at the end of South PeningerRoad inthe C-4, Tourist and Office Professional District on Map 372W 02D, Tax Lot 2904. pg54 C. PublicmeetingtoreviewandprovidearecommendafiontotheCityCouncil regarding a street name change within the Cedaz Shadows Planned Unit Development. Thehomeowners association for the development have voted a resolution in favor of changing the street from Cedar Shadows Way to Shadow Way. VII. MISCELLANEOUS VIII. ADJOURNMENT City of Central Point Planning Commission September 3, 2002 I. MEETING CALLED TO ORDER AT 7:00 P.M. II. ROLL CALL: Chairman Chuck Piland, Rick Perry, Candy Fish, John LeGros and Paul Lunte were present. Wayne Riggs and Don Foster were absent. Also in attendance were Ken Gerschler, Community Planner and Dave Arkens, Planning Technician. III. CORRESPONDENCE Dave Arkens distributed aninvitationto members for an informal neighborhood meetingthat will be held September 10, 2002 at city hall for the area located just south of Miller Estates on Highway 99. IV. MINUTES Commissioner Fish made a motion to approve the minutes from the August 6, 2002 meeting as presented. Commissioner Lunte seconded the motion. ROLL CALL: Perry; yes, Fish, yes; LeGros, yes; Lunte, yes. Motion passed. V. PUBLIC APPEARANCES There were no public appearances. VI. BUSINESS A. Public meeting to review an application for a two lot partition at 458 West Pine Street. The subject property is located in the R-1-8, Residential Single Family zoning district on Map 37 2W 10BD, Tag Lot 800. Ken Gerschler, Community Planner, presented the Plazuiing Department staff report. The lot in review currently has one home on it and is served by a well. Lot 3 has a special setback requirement of 70 feet measured from the centerline since Pine Street is a major arterial. In evaluating the actual need based upon future traffic loads, the City will only request a right of way dedication of ten feet. The width of the current right of way varies adjacent to this property and to determine the actual need, the width will be measured 40 feet from the centerline of Pine Street. Dave Arkens, Planning Technician, surveyed the site with Don Dunn and Bobbie Phillippi of the Public Works Parks Department to determine if any trees should be saved within the area of the new driveway. It was determined that only two trees on the site are worth saving and they are located on the easterly side of the lot close to West Pine Street. These trees have between a 30 and 40" diameter and stand between 50 and 100' tall. It is recommended that these two trees be saved and care given when working around them. A septic system which is not in use still remains on the lot and is located between the current home and the driveway. Mr. Gerschler stated that BCVSA and Jackson County Fire District #3 have been notified but only BCVSA has responded. Jackson County Roads requested that drawings and site plans be sent to them. They also do not want to see additional access to West Pine Street, however, the home that currently sits on the lot takes access to West Pine Street. The additional homes will take access from the same driveway. Parcel 3 may be split in the future and will have to take vehicle access from the back of the lot where the driveway will be located. Mr. Gerschler read the findings and made one correction. Pazce13 should also be included in the findings. A landscaping buffer will be required along West Pine Street with an evaluation of current landscaping by the Public Works Department. Commissioner Lunte asked about the street lighting and Mr. Gerschler stated that the development would not be required to use the lazge cobra head street lights that are used in many residential neighborhoods but the development should have lighting for the driveway area for safety purposes. Bob Neathamer, Neathamer Surveying, 304 South Central Avenue, Medford, Oregon, 97501, is the agent for this project. Mr. Neathamer stated that some of the trees would have to be taken out due to the driveway location and that the decision to split lot 3 will be made in the future. The well will be abandoned and all dwellings will be on city water. He stated that they have no intention of changing the fence locations around the perimeter and they will try to save as many trees as possible. He was surprised about the 70' right of way and stated that the current house is in the 70' right of way. He requested that the Planning Commission approve the development. Chuck Piland asked Mr. Gerschler if the 70' right of way could be changed since future needs do not warrant such a wide right of way. Mr. Gerschler said he would look into that and that others have received variances from the current right of way. Jerry McCain, 464 West Pine Street, was concerned that the trees on the west side of the property would be cut and does not want to see the current fence change location. Both the trees and the fence create a buffer between the properties. Don Hendricks, 460 West Pine Street, said he agrees with Mr. McCain and does not want to see the fence or trees removed. Bob Neathamer stated that there is no interest in changing the fence or cutting trees along the west side of the property. Chuck Piland closed the public portion of the meeting. Commissioner Fish made a motion to adopt Resolution 553 approving the Tentative Minor Land Partition of 372W10BD, Tax Lot 800 subject to the recommended conditions of approval. Commissioner Perry seconded the motion. ROLL CALL: The motion passed unanimously. VII. NIISCELLANEOUS Anne Baskin, 928 Mendolia, wanted to thank the Public Works Department on the.nice job they havebeen doing on giving theretention pond next to her property a pazk feel. New trees and grass have been planted and it looks very nice. Her only concern is where the path will be placed and Mr. Gerschler said he will talk someone on Public Works about that. Mr. Gerschler went over the items that will be on the agenda for the next meeting. VILE. ADJOURNMENT Commissioner Lunte made a motion to adjourn the meeting. Commissioner Fish seconded the motion. ROLL CALL: Motion passed unanimously. Meeting was adjourned at 7:55 P.M. PLANNING DEPARTMENT STAFF REPORT HEARING DATE October 1, 2002 TO: FROM: SUBJECT: Applicant/ Owner: A e~nt•. Snmmary: Central Point Planning Commission Ken Gerschler, Community Planner Preliminary Development Plan- Habitat for Humanity P.U.D Habitat for Humanity P.O. Box 688 Medford, OR 97501 Malot Enterprises, L.L.C. 650 E. Pine Street, Suite 201 Central Point, OR 97502 Same as above The applicant has submitted a preliminary development plan for a Residential Planned Unit Development (PUD) consisting of 6 single family homes on individual lots associated with Habitat for Humanity. This project is combined with a second phase that includes a piece of property that the Commission previously approved for the Von Brandt apartment complex. Authority: CPMC 1.24.020 vests the Planning Commission with the authority to hold a public hearing and render a decision on any application for a preliminary development plan for PUD's. Notice of the public hearing was given in accordance with CPMC 1.24.060. (Exhibit B). Annlicable Law: CPMC 16.10.010 et seq.- Tentative Plans CPMC 17.68.010 et seq.- Planned Unit Development CPMC 17.65.010 et seq.- TOD Districts and Corridors CPMC 17.60.010 et seq.- General Regulations CPMC 17.67.010 et seq.- Design Standards-TOD District l~ ~' Discussion• Habitat for Humanity has been working with City Staff, Jackson County Fire District Three and Bear Creek Valley Sanitary Authority during the past year to find a suitable location for Habitat for Humanity housing within Central Point. Habitat homes enable private home ownership to a segment of the population that is not able to qualify for traditional mortgage finance programs. Habitat for Humanity hosts the affordable housing program by combining labor, expertise and a tradition of volunteer work to build new homes for lower income families. For those families that obtain a Habitat home, there is a continued commitment to the program to complete the finish work on their homes while also helping construct new homes for other Habitat recipients. In Central Point, Habitat for Humanity purchased a 0.41 acre piece of property at 431 North Second Street with a dilapidated structure upon it. The organization demolished the house and plans to construct 6 common wall "cluster homes" (Attachment A). Each 2 story unit varies in size from1,100 to 2,912 square feet and are 3, 4 or 5 bedroom configurations. Each home would be privately owned on various lot sizes but would share a larger common area for an access road and open space. Habitat for Humanity has collaborated with Malot Enterprises, L.L.C. to develop a shared access to maximize the remaining land area. This project is being processed as a Planned Unit Development since there are some unique issues concerning the redevelopment of the neighborhood. Up until 2000, this area had been zoned R-3, Residential Multiple Family and predominantly been developed with smaller single family homes and a few apartments. When the azea was re-zoned TOD-MMR- Medium Mix Residential, the City determined that the location was better suited for development that would complement future shopping, employment and transit activities in the downtown area. This is the first significant residential redevelopment in the TOD district. The applicants have combined the Habitat project with an adjoining parcel owned by Malot Construction in order to make the project financially viable and eligible as a Planned Unit Development since PUD's must be at least an acre in size according to code. The applicants have been I~ranted an Administrative Variance in order to proceed with this development and the total combined area for the project is 0.96 acres. Habitat is planning to build the first phase next year with Phase 2 occurring at a later date. Phase 2 will require a separate site plan review. John Fields was not able to attend this meeting but submitted a letter (Attachment C) to the Commission explaining the concept of Habitat for Humanity, the project in Central Point and how successful Habitat has been within the Rognre Valley. Access to both phases of this PUD will betaken from a 20 foot wide private road that connects into North Second Street. Each of the Habitat units will be equipped with a single carport and a single uncovered parking space that meet parking and vehicular turning requirements of the TOD. Mutual access and utility easements will be recorded to permit travel and maintenance ,~. throughout the development as needed. Public utilities will be contained within the road and the easements identified on the tentative plan. Units 5 and 6 would have a front yard setback of 10 feet facing Second Street. Unit 6 has a carport that takes access from Second Street which could present a problem if a vehicle parks in the driveway and extends over the sidewalk. Unit 5 could experience the same situation with a carport accessing the private roadway. Sidewalks and street trees are planned throughout the development as shown on the landscaping plan. A large sequoia has been retained along the street frontage of Second Street. Table 2 of the TOD zoning standards depict a density range between 16 and 32 units per acre within the Medium Mix Residential Projects. For the first phase of this PUD, the density is still lower than the minimum of 7 units that are required. Upon preliminary review of the project, it appears that the minimum density could only be attained if an additional floor with subsequent residential units were added since there is limited space on the parcel to meet setback and parking requirements. A third floor would add significant costs to the project and could render it too costly to build and contrary to the goals of Habitat for Humanity. The Planning Department anticipates a much higher density compliance when phase two is constructed with apartments or townhouses. The Public Works Department has submitted a staff report with specific requirements concerning the development (Attachment D). Jackson County Fire District Number 3 and the Bear Creek Valley Sanitary Authority have also submitted comments and recommendations for consideration by the Commission (Attachment E).The Planning Department recommended conditions of approval are enclosed at Attaclunent "F". Findings of Fact & Conclusions of Law Size ofPLID site A PUD shall be on a tract of land five acres or larger, except that a PUD maybe on a tract of land more than one acre but less than five acres if the planning commission finds, upon a showing by the applicant, that a PUD is in the public interest because one or more of the following conditions exist: A. An unusual physical feature of importance to the people of the area or the community as a whole exists on the site, which can be conserved and still leave the landowner equivalent use of the land by the use of planned unit development; ^ The site is located on a redevelopable parcel within the TOD zone district. If this lot were developed as a standard subdivision, the density would have been much lower, resulting in a less efficient use of the land. a => `<. B. The property or its neighborhood has historical character or distinctive features that are important to the community and that could be protected or enhanced through use of a PUD; ^ The applicants are constructing residential homes within an existing residential neighborhood. The front of two of the units will face Second Street with covered porches that enhance the residential character of the neighborhood. C. The property is adjacent to or in the immediate vicinity of a planned unit development of similar design as that proposed and developments would complement each other without significant adverse impact on surrounding areas; ^ This project will be comprised of rivo phases that include a mix of single family and multiple family types that complement the neighborhood while meeting the intent of the TOD district. While there are no PUD's in the immediate vicinity, this project will not have a significant adverse impact on the neighborhood. D. The property is of irregular shape, with limited access, or has unusual dimensions or characteristics which would make conventional development unreasonably difficult and expensive ^ These two lots are located in an area that was previously developed which adds cost to the project since the existing infrastructure needs to be replaced or upgraded. Criteria to Grantor Deny a PUD In approving, conditionally approving or denying the plans submitted, the City bases it's decision on the following standards from section 17.68.040: B. That the development of a harmonious, integrated plan justifies exceptions to the normal requirements of this title; ^ The applicant's preliminary development plan for Phase 1 proposes 6 single family dwellings attached by a common wall in groups of rivo. Phase 2 will have higher density which may be in the form or apartments oi• townhouses. The housing types for phase 1 will be a new style within Central Point and will provide an affordable "niche" for residents who normally would not have an opportunity to own a home. A. The proposal will be consistent with the Comprehensive Plan, the objectives of the coning ordinance and other applicable policies of the City; ~~ s' ^ This proposal is consistent with Comprehensive Plan Housing Goals to the degree it ensures adequate housing will be provided; contributes to the variety of housing offered and promotes higher density zoning. The Habitat for Humanity project promotes alternative housing designs that will potentially minimize the need to expand the urban growth boundary by encouraging a higher density project near the downtown. Zoning code objectives can be met if recommended planning and public works conditions are satisfied. C. The location, size, design and operating characteristics of the PUD will have minimal adverse impact on the livability, value or appropriate development of the surrounding area; ^ The preliminary development plan is consistent with TOD zoning which has more stringent requirements by City code, particularly with landscaping. The finished homes will be similar in nature to other common wall "padlot units" within Central Point, br-t will have smaller lots associated with the houses and a common area maintained by the owners. D. That the proponents of the PUD have demonstrated Yhat they are financially able to carry out the proposed project, that they intend to start construction within six months of the final approval of the project and any necessary district changes, and intend to complete said construction with a reasonable time as deterniined by the Commission; ^ Habitat for Humanity is a private organization that has provided 22 viable building p-•ojects in Jackson County during past years. E. That traffic congestion will not likely be created by the proposed development or will be obviated by demonstrable provisions in the plan for proper entrances, exits, internal traffic circulation and parking; ^ A single 20 foot wide private roadway will serve Phase 1 and 2 of the PUD which will result in less impact than individual driveways onto Second Street. The private roadway provides safe ingress/egress to the property. F. The commercial development in a PUD is needed at the proposed location to provide adequate commercial facilities of the type proposed; ^ There is no commercial development proposed within this development. G. That proposed industrial development will be efficient and well-organized with adequate provisions for railroad and truck access and necessary storage; ^ There is no industrial development proposed within this development. 4 ~_ :.~, d ~ 'Ere "~~ sj 4~ ~ ~ I' ~N a: 1 Y~f~ ~: ~F' ~',~. ~~ ': 1:~ ~,mxi I ~ !• ~~ %~ j' i ~~ ~~~ ~~~ ° ~°~~~~ HABITAT-CENTRAL PT. ""°'"`""'~ ~ ~~M,E~ ~ 431 N. SECOND CENTRAL POINT, OREGON nln AStREfr ~~ !O ~'y~~ F ASSESSOR'S MAP T.37, R2W, S,3DC; TAX L0T 800 pypypy s0~*e xo.a f PeWANO, OR OWNER: HABIiRTfOR HUMANITY PN: 611-TI9JCN e ] n 2 0 r~® ~ ~ P.O. BO%800 MEOFORD, OR B)SBt ~ ~~~~ Cz toy o~ Central Po.zn t PLANNING DEPARTMENT ~~,,, im Humphrey, AICP City of Ceattrai Point Planning Director E~~:i~~~T teB:+t Ken Gerschler 1'l 9De artmCn'I ommunity Planner Planning p Matt Samitore Community Planner Dave Arkens Planning Technician Notice of Meeting Date of Notice: September 10, 2002 Meeting Date: Time: Place: NATURE OF MEETING October 1, 2002 7:00 p.m. (Approximate) Central Point City Hall 155 South Second Street Central Point, Oregon Beginning at the above time and place, the Central Point Planning Commission will review an application for a Planned Unit Development on a parcel of property located at 431 North Second Street. The subject pazcel is located in a TOD-MMR, Medium Mix Residential Zoning District on Jackson County Assessment Plat 372W03DB, Tax Lot 800. The Central Point Planning Commission will initially review the tentative plan for the Planned Unit Development to determine if the proposed subdivision meets the requirements of law. If approved, the subdivision would create a residential development that would have 7 parcels that would be constructed in two phases. CRITERIA FOR DECISION The requirements for Planned Unit Developments are set forth in Chapters 16 and 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 Standazds. PUBLIC COMMENTS 1. Any person interested in commenting on the above-mentioned land use decision may submit written comments up until the close of the meeting scheduled for'I`uesday, October 1, 2002. 2. Written comments maybe sent in advance of the meeting to Central Point City Hall, 155 South Second Street, Central Point, OR 97502. ~ ~, 3. Issues which may provide the basis for att 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, 155 South Second Street, Central Point, Oregon. Copies of the same aze available at I S cents per page. 5. For additional information, the public may contact the Planning Department at (541) 664- 3321 ext. 231. SI7MIVIARY OF PROCEDURE At the meeting, the Planning Commission will review the applications, technical staffreports, heaz testimony from the applicant, proponents, opponents, and hear arguments 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 tentative plan for the Planned Unit Development. City regulations provide that the Central Point City Council be informed about all Planning Commission decisions. 155 South Second Street O Central Point, OR 97502 • (541) 664-3321 O Fax: (541) 664-6384 .~ City of Central ltiilitit Planning Deparlmen!t September 22, 2002 To: CITY OF CENTRAL POINT -Planning Department Re: Application for Planned Unit Development at 431 North Second From: John Fields 845 Oak Street Ashland, Oregon 97520 To Planning Commission and Staff, I want to thank you for your consideration of this application for a Planned Unit Development. Unfortunately, I wffi be away when the hearing is held, so I will not be able to testify in person. Please enter this letter into the record. I think that this project will be an asset to the City of Central Point. I am urging you to approve this PUD. I would like to share with you some of the reasons that I think that you should give your support for this project. Before I discuss the particulazs of our project I would like to shaze a little bit about who the applicants are. I am currently Chair of the Habitat for Humanity of the Rogue Valley (HFHRV) Building Committee. I have been working with Habitat for over seven yeazs. My first involvement was through the Jackson County Homebuilders. I volunteer my time and knowledge of development and construction in an effort to create truly affordable housing. I not only give my time, but also donate money to make the dream of owning a home possible for qualifying families. Through the years my appreciation and respect for Habitat has grown. I have seen the positive impact that this type of housing can have on individuals, and families, as well as the greater community. No other kind of housing opportunity exists that creates home ownership for people with 40 to 60% of the Rogue Valley median income. We have built 22 single family, detached homes throughout the Rogue Valley. This is our first project that has attached housing. As you all well know, the cost of land has skyrocketed over the past ten years. The members of Habitat have realized that we need to fit more housing on less ]and and take on the role of developing our own Lots to bring down our land costs. We also want our houses to feel like homes and not like mobile homes or apartments. We aze spreading the "American Dream". Planning is more of an art than a science. It requires human judgment and evaluation to weigh the trade-offs in creating a sustainable community. I am proud to support this project because I believe it reflects the goals and ordinances established by the City of Central Point. Reading through the new zoning designation for this area I am impressed with how our project dovetails with the stated goals. This new zoning, TOD-MMR, is perfectly matched for the type of housing that we are proposing. I would like to briefly present how this project furthers the goals and intent of this new land use ordinance. This PUD meets the requirements and intent of the designated zoning. Here are a few examples of how this project meets those goals. ... ~. Transit Oriented Design (TOD) recognizes that a mix of uses in a neighborhood is a vital component to create a livable and viable city. One of the objectives of this zoning is to increase density in the proximity of the downtown (employment and transportation hub). The two goals of reducing vehicle trips traveled and creating housing options that are centrally located are recognized as important planning objectives. Central Point has made a remarkable effort to encourage and make opportunities available for this type of development. I believe that this development takes an important fast step in utilizing this new zone. The typical Habitat Family has an extremely limited income. Being able to live in town, near schools, shopping areas and reduce the dependence on car ownership can have a watershed of benefits to a hard working family. Making it possible for a family to live with only one car, or perhaps getting along without a car at all would have a huge economic impact on a family's disposable income. The average cost for car ownership can easily be $300 to $500 a month. For a typical Habitat family this can be 30% of their income. One less car per household means less street and road infrastructure that will be required, not to mention there will be less pollution and less congestion. The only way we will successfully build efficient public transportation is if we create higher density at transportation nodes and with this, the needed public transportation ridership will follow. The existing neighborhood we are building in has been traditionally single- family homes, the majority of which have been owner occupied. Habitat also creates owner occupied housing. This development will conri•ibute to a mix of housing types. It is important to integrate owner occupied homes with rentals in order to create a balanced neighborhood. Adding only rental apartments can easily overwhelm a neighborhood. That is typically what people think of when they imagine higher density, urban infill. Home ownership adds to the stability of a neighborhood. In the last 14 years that Habitat has been working in the Rogue Valley, none of our 22 families have sold their homes. I think that this project will set an example for other developers to follow. We will plant the seeds with hard working families and help strengthen family a family oriented neighborhood. Our families will support neighborhood business. This type of infill will stimulate economic opportunities and strengthen existing local businesses. I think that this project can be a model for how a development will incrementally benefit a neighborhood. Affordable housing is getting harder and harder to find in the Rogue Valley. I want to affirm that creating this housing type has multi-generational pay back. Children who have the experience of strangers stepping up to help their families build a home is transformative. Children not only see but also experience how a conununity cares. Strangers working to give a family the opportunity of making a better life have a profound effect on a child's reality. Phis is both a psychological as well as an economic boost. We are helping families to help themselves. Not a handout, but a helping hand up. g$~. • We have worked with the property owner to the east to consolidate curb cuts and share the existing flag driveway. This reduces asphalt as well as the impact of this development. Partnering with our neighbors and looking for ways to work with adjacent properties for egress and ingress has a positive impact I again encourage you support this project. There is also an opportunity for you and your family to participate in this community-building project. I invite you to contact us to find out what you can do. We know that this is the beginning of a rewarding relationship with the community of Cenri•al Point. I would like to acknowledge the following people. Fortunately we have a great volunteer team putting this project together. These individuals are all working gratis to make this project possible. • Jerome White Architecture, planning and site development. • Dorothy Racher (Rose Design) Building desing, floor plans and building elevations. • Alex Georgevich is our Civil Engineer. • Stuart Osmus (Terra Survey) is doing all of our survey and subdivision development. • Jack Davis (Davis, Gilstrap et al), attorney, developing easements, LLC and Owner's Association and By Laws. • Anna D'Amato, Executive Director for Habitat. • Nick Hale, Construction Project Manager. Thank you for your consideration ofthis project. We are hoping that you will expedite final approval so that we can get started with our infrastructure before winter sets in. We have our first two families ready to begin. Once again, please accept my apologies for not being able to /, .4 ~>_ b..~ ~. Habitat for Humanity PW' D Staff Report 70/01/2002 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 city or centre Pant E~HI~IT t'D" Planning Department Provide information to the Planning Commission and Applicant (hereinafrer 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 commercial facility. Gather information from the Developer/Engineer regarding the proposed development. SPECIAL REQUIREMENTS Existing Infrastr:~cture: 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 infrastructrue, 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 properly owner involved. J ~ ~.. &. HrrGikr/for I-lrrnrn¢it~~ P[!%IJ Strrf/'Aeriort 9/25/2002 2. Traffic Impact: 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 a twenty-foot wide driveway throat, which accesses the twenty-foot ingress & egress easement. 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 Department Standards, which calls for a minimum throat width of twelve-feet and a maximum of thirty-feet 3. Easements: The Developer shall provide suitable and acceptable 15-foot-wide minimum easements for any City public works infi•astructure 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 separation is maintained) other utility or infrastructure easements. A separate 10-foot minimum width public utilities easement (P.U.E.) should also be required for utility installation outside the E. Pine Street right-of--way along the property's exterior frontage with E. Pine Street. Private maintenance easements will not be subject to the specified criteria used for public maintenance 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 Layont/Tra>`>ic 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 sheets 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 Arens/Trinneles. All driveway approaches of the proposed Development connecting to public roads shall maintain a miniimim 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 clear sight-vision requirements. Adequate clear vision area/triangles shall also be maintained at all internal driveway intersections. L~u:ds•capinQ/Street Trees: The developer will be required to submit a suitable landscaping/street tree plan for review and approval by the City of Central Point Parks Department. A. Erosion Control P/an: 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. "fhe 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. v ,g '. I hGitrrrJor Hnmmri~~ PII%D Stufl~I~eport 9/2>/2002 9. Storm 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 corner to the South West Property corner 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. Wuter Distribution System: 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. Aboveground 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 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 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 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 ofFish 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 Cotmty Roads and Parks Services (JC Roads), Fire District No. 3, and Bear Creek Valley Sanitary Authority (BCVSA), as applicable. 1'he 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 3 °~~' ~.. Ha~itrrt forlltrn~arufy P[I%D StrtjjI{epat )/25/2002 connections) prior to final construction plan review and approval by City PWD. 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 "hard 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 Administtator 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 benchmark and be so noted on the plans. At least one permanent benchmark shall be provided for the proposed development, the location of the benchmark shall be as jointly determined by the City PWD and the Developer's surveyor. E.eistin~ 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 sttbmittal 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. Fi(! 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 standards, except for the upper 1.5-feet of 611 placed outside of public rights-o~f=way and that does not underlie building, structures, or traveled vehiculy' access ways or parking areas. Road/Driveway~Pru'kin~>Areas: "fhe 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 lyre equipment) to be traveled on these private driveways, access roads, and parking areas. Need to provide designed road section for review. 'fhe road/street/driveway sections within the public rights-ot=way shell be consh~ucted per the design of the City PWD. 8. Utility Plans: 'Che utility plans shall be drawn to scale with accurate horizontal and vertical 4 -~ r , HnGrtut far Ilrmrunr~~ PI{fD Stuff Report 9/25/2002 depiction of utility lines and appurtenances (transformers, valves, etc.). Utility infrastructure 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 Lip{ztinp Plan: 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 are 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 Lights: Construction 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 Drainage System: 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 storm 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- yev~ and 100-year flood events associated with Bear Creek. Identify the HGL in Bear Creek during 10- and 100-year 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 backtlow of water from Bear 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 nm-on onto the proposed development (either surface run-on or culvert or creek/ditch conveyance); the Developer shall demonstrate that the storm water flows liom the completion of the proposed development (and at any time prior to completion of devek>pment) 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 . ., HuGilnt for FLrmani~~ PIVD Stn/j~Repart 9/25/2002 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-year 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 discharge 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 are 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 tloodway 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 Hydrattts: Provide locations o£existing and any new required fire hydrants. Fire I-Iydrants 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. Yi~rrter System Cross Connection Control: Developer shall comply with Oregon Health Division (OIID) and City requirements &x cross connection control. If a pressurized irrigation system b ~~ ~~r Ila~itad fm' Hxmraer~~ PI [%D Sta~~Itepart 9/2/2002 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 System: 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, area 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 Server: 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 Ri2kts: 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. >4l i v (..• of 09/24/2002 09:03 8264566 iCFD3 BUS OFC PAGE 03(03 i FIRE DISTRICT` No, 3 JACKSON COUNTY 8333 AGATE ROAD, WHTI-E (541) 826-7100 I September City of Central Point Attu; Ken Gerschler Y, OREGON 97503-1075 (541) 826-456 2002 Fire District Comments: Habitat Project ~ 02038-PUD CYty of Central P.oiift E~HIBI'I' ftE tt Planning Department r. Provide location of Fire Hydrants of site map as discussed in the pre-app meetings. 2. Provide physical address of the pro~erty to fire district 3. We will apply all Uniform Fire Code Standards to this project. Thank Ya~~''~ ~~, Mark Moran Deputy Fire Marshal :~~ ~ . BEAR CREEK VALLEY SANfTARY AUTHORfTY 3915 SOUTH PACIFIC HWY. • MEDFDRD, OREGON 87501.9098 • (541) 535.5183 • (541) 779.4146 FAX (541V 535.5278 • vrww.bcvsa.org September 19, 2002 Ken Gerschler FAX 664-6384 City of Central Point Planning Department 155 South Second Street Central Point, Oregon 97502 Re: Habitat Central Point PUD, File # 02038-PUD Dear Ken, Sewer is available to the above-mentioned project as shown on the site plan C1.0. Design and construction of the sewer main must be done in accordance with BCVSA standards. If you need additional information, please call me at 779-4144. Sincerely, ~~~ Carl Tappert, P.E. District Engineer K:\DATA\AGENCIES\CENTPT\PLANNG\PUD\02038-PUD_HABITAT.DOC :a~u k:.. a Attachment "F" 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. The applicant shall submit final parking, landscaping, lighting and sign plans to the City for approval as part of the final 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. G:\Planning\0203 A.wpd e~ r,, PLANNING DEPARTMENT STAFF REPORT HEARING DATE: June 4, 2002 TO: Central Point Planning Commission FROM: Matt Samitore, Community Planner SUBJECT: Public Hearing- Site Plan Review of 37 2W 02D, 2904 (Parcel 1) - KFC/A&W Restaurant Owner/ Hunter Seven, L.L.C. Et. Al./ Hoflbuhr Helen C. Trustee F.B.O. Applicant: P.O. Box 4129 Medford, OR 97501 Lariot Corp. - KFC 390 E. McAndrews Medford, OR 97501 Agent: Hoffbuhr & Associates 3155 Alameda Street, Suite 201 Medford, Oregon 97504 Pro er Description/ 37 2W 02D, Tax Lot 2904 - 1.66 acres Zoning: C-4, Tourist and Office Professional District Summary The applicant is requesting a Site Plan Review for the construction of a drive-thru and sit down A&W, Kentucky Fried Chicken Restaurant combination. The total square footage of the building is 3,152. The applicant's property is located south of East Pine Street with the westerly portion abutting Interstate Five. The property is located as Lot #I of the South LaRue Partition. 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 (Exhibit B). Applicable Law CPMC 17.36.010 et seq. - C-4, Tourist and Office Professional District CPMC 17.64.010 et seq. -Off Street Parking and Loading CPMC 17.72.010 et seq.- Site Plan, Landscaping and Construction Plan Approval ua ; ,~_ .: Discussion The agent, Hoflbuhr & Associates working on behalf of Kentucky Fried Chicken is requesting that the Planning Commission review a site plan application for a new drive-thru and sit down restaurant near the southwest intersection of LaRue Drive and South Peninger Road. This structure will be located on Parcel 1 of the tentatively approved South LaRue Partition. The City has yet to receive a final plat application to complete the partition, however this will not inhibit the project as there is current lot area to meet all of the setback requirements. The applicant has indicated in the letter of project description (Exhibit A) that this restaurant is a new 3,152 square foot single story building that will be able to accommodate both a Kentucky Fried Chicken and an A&W Restaurant. There is a possibility the applicants will not put in the A&W products, but that will not change the square footage of the building. The applicants hope to start construction in February and are hoping for amid-June opening. An exterior package will include parapet walls with cupolas, colored stucco exterior that will feature the traditional red KFC colors and a mix of rustic red and white for the A&W .The building will be finished with a rustic red and teal trim. An exterior decorative lighting package has also been submitted which includes roof lighting and optional neon banding between the signs. All exterior signage will require a separate building permit. CPMC Chapter 17.64.040 (G-6) requires that restaurants provide "not less than one space per each three seats, or per each one hundred sga~are feet ofgross floor area, whichever is greater; plays one space per' each two employees on the major shift ". In calculating the strictest parking requirement based upon 1 space per 100 square feet and an assumed 8 employees, the project would need a minimum of 35 parking spaces. The applicant has proposed 41 spaces, two of which are ADA accessible. Access to the restaurant would be taken from one driveway apron connecting into LaRue Drive and constructed to Public Works standards. The applicant is also requesting adrive-thru facility. The minimum cue for adrive-thru facility is four vehicles. The applicant is proposing eleven. The applicant has submitted a landscaping plan (Exhibit C) for consideration by the Commission which includes a variety of shrubs and trees. The City's Park Department has reviewed the plan with modifications. The Birch Trees (J-T) indicated as street trees should be replaced with October Glory Maple (AO-T on landscape plan). Birch require a lot of water in order to mature and are not the best tree to be placed nearest to sidewalks. They also suggest that the Vine Maple (AC-T) and Japanese Maple (JM-T) be replaced with a more suitable tree type, such as a Flowering Cherry. The to for mentioned Maple trees need shade in order to grow properly anti would not fair well in there current locations on the landscape plan. Larger Landscaping plans will be available at the meeting for review. An approval of this project would be subject to the recommendations of the Bear Creek Valley Sanitary Authority and Jackson County Fire District Three (Exhibit D). c3 a,; :. Public VJarks staff have submitted a staffrepart {Exhibit E} outlining reca~nzt~eculed caz~ditians of approval far the project.. Findings of Fact & Conclusions of La~v In approving, conditionally approving ar denying the plans submitted, the City bases it's decision an the fallowing standards from Section 17.72.t}4C1: A. Landscaping and fencing and the construction of walls on the site in such a manner as to cause the same to not substantially interfere with, the landscaping schelrze of the ncighbarhaad, and in such a manner to use the same to screen such activities and sights as might be heterogeneous to existing neighborhood uses. The Commission may require the maintenance of existing plants or the installation of new ones for purposes of screening adjoining propez-ty. ^ The applicant has submitted a landscape plan far consideration by the Commission. The City's Park Department has recommended several changes to more suitable tree types. The Planning Department is recommending that plans far signage and lighting be submitted by the applicant for review and approval by staff prior to installation. These plans would be expected to reflect any changes made to the site plan. B. Design, number and location of ingress and egress points sa as to improve and to avail interference with the traffic flaw an public streets; ^ Access is recommended from one driveway on South Peninger Road. The driveway must meet all design requirements of the Public Works Department. C. Ta 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 flaw an public streets; ^ Since CPMC 1'7.64.040 {G6}requires that eating and drinking establishments provide, not less than one space per each three seats, or, per each one hundred square feet of gross floor area, whatever is greater; plus one space per each two employees an the major shift, This project would need to demonstrate the availability of 35 spaces. The Commercial development has proposed a total of 41 parking spaces { 2 handicapped, 39 standard}. D. Signs and other outdoor advertising structures to ensure that they da not conflict with or deter from traffic control signs or devices and that they are compatible with the design of their buildings ar uses and will not interfere with ar detract from the appearance or visibility of nearby signs; ^ Na signage has been proposed at this time however the applicant will be required to ~< ~, apply for a sign permit and submit his plans to the City prior to any sign xnsfaltation. 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 ire lanes so that all buildings on the prc~nises are accessible to fire apparatus; ^ The project, if approved, would need to meet any requirements of Jackson Co~znty Fire District 3. F. Compliance with all city ordinances and regulations; ^ The proposed construction will meet the minimum setback req~~irements for the C-4, Tourist and 4f~ce Professional District. G. Compliance with such architecture and design standards as to provide aesthetic acceptability in relation to tl~e neighborhood and the Central Point area anti it's environs. ^ The proposed structure is similar in architecture to other structures located within the C-4, Tourist and t~ffice Professional District. Building elevations have been provided for the Planning Commission's consideration. Recommendation. Staff recommends that the Planning Commission take one of the following actions: l .Adopt Resolution No. ,approving the Site Plan subject to the recommended conditions of approval; or 2. Deny the proposed Site Plan; or 3. Continue the review of the Site Plan at the discretion of the Commission. Exhibits A. Application and Site Plans B. Notice of Public Hearing C. Landscaping Plan D. Correspondence E. Public Works Staff Report F. Planning Department Conditions of Approval ~~ ~; ~- S LE IVa . 4~i1 ~~r 1`r` ' ~`~' 11 ~ ~ I D ~ NOFF€3H{~ & RSSOC I RTES 5~p i7 Gl~ CJI: CiS~+ 1,.,~~iot Carp--K~G ~~~{ . ~~ ~. 774 2573 ~ X41 I ??~-868'7 Latiot Corp ~ K.FC 390 East McAnd--ews MsxifQrd, UR 97SQ1 ~ 1-'7'79-! 069 Phony t' ~ ~ 541 773-8687 Pass September i 7', 2{07 'i"C?: ~e t; ity cif ~entxa9 lac~int, UR k.E: ~'~ l.nt ~9Q~ {a72W U:~}~} L~rict Cc~ry~ ~rc~~c~~s to build a restaur~nnt tsn tlz~ txbovc ~cntion~d Tam I.,pt, The rest~.z~r~'it is scheduled cc~ be a l~,~ClAc~W dual brand with drive thru and s~ati~ £cr 66 and. of apPrc~xtnlately 3,1 S'2 s~ua~~e ~eei in sine. There ss a p~ssibitity we wilt nr~t put in tiac A&~I products buE that witl nct change the sic rzc~r foetpri~tt ofthe huildirt~, "l`he r~stauractt will have -~ 2t} crnplcy~s and 7-S war~z~,g .t m~,jnr s4~ifr. The time tame t~rr constrttcticsn would be l.~Q days with constt~.ctip~, st;arr?ng arousal ~eb~ 15, ~0~3 and opezaing .~cheduicd fix about 3uxae t 5, 2043. Sincerely} ~33rr)r Tb.iricat F'f~G~ ~~ ~. Ut/J1/GVUL TY,C~i7 1U:Ut Fti4 .L x7 ~E 1?CxO~C}Jb4 1-11X UA" L~.GiVlIStS,L fU1tY J. U,CS. ATE P~A.~T :F~Z~'~' APPLICAT'ION' nor r.~n?~~,~~.~ozn~.~.r,~un~z~r~z~~„~x~,r~ 1. AFI~LICAN~' 1N"Ffl~tM'.AT~(311 r~t_ Address: ~JO~-- Gzty: -- : t?-~i52X7 ,~ Stste; ~~.J ?ap bode: 9'~''~5C11 Tciephane: Business: -'776 - to ResiBenae: 2. AC~~~T INFQR.MATION Nate. ~#t~~~~fR Addre~s-..,~ tM ;~ C'=ffy: '~tii5'~'t TeZetahnztet 8usisless: ~. aw~~~ aF REGa~ Name: „~„~,(i ` Address: `p,t7 ~~~~ ~nxotns,vss nt~zx {:ado: Bch Separate Sheet rf'More T~.iz tine) ~~~ ~ Mate; ~~~F".., 7,~p Gode• `~'7~ t Residence: t': ' ' ~' ..7 '~ 4, ~R4JEGT DESCRIP"~`I(?N' . ~ . Typo ofDavcinpma~zt: ~ 'C' ' ~''awnsbip: ~ p;,an,go: ~_!~~___ SectioA: {~Z'b` `i`a~ T.at{s~: °...~t'.~ -• ~"t3c'RC~..~t.,, f Address: . 2'ax~iug Distlicti _~,_ Project Acreage: > ~ A . .,,.~"~ ~""~`-`_-'._,,, Num'bac a~`I?wcltiuS'Ux:its: .. Nna-Sale Area ~q. g'aotage: -t-S~,o ~tse& fig. ~natage, „~,,, ~ Gross g'x. Are Number of Parking Spacesr 1 ~. ~Q~ ~oC~~~~s This Appiia~ian Form.. Agplicatian Fee (See C'aaxanz Feo Sc~.cd~sle}.~._,t~.~' I.e~at Dffsariptinn pt S.attcr of Project Fcscsiptinnr a~ Site PIa~7~xawu to Sr~cle (ifl aesgies}. ~~~~~ttvn authority frou~ Pxaperty Ownar i~Agent is epplicatioa process. a {3} xcduccd copzcs {8 z/s x 1l} nf't~an Site~'laa, Bldg. elevations azid L~d$cspc Flan. '~ Landscape and. Srrsgetinm Flan (3 copies). 6. T HERTBY STATE T'~AT'T'8E FACTS R~iLATED 7N'S'H~ Al•30'4'E APP'LZCATI4N A1'~D '~ti 1'LA1~75 ANLT J.?O CUI~NTS SUBT4ITITED HEREWITS ARE TRUE ~ Ct>~;~iE AGC`1J~iA.~.'E TO "~ BEST C3F MY KNOWLEDGE. 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SEF GFW 3 3 1 sAU,w[o xo - , .. -... __ e S.._ ®x7» ~a s3~~Fa aFSV° w'"y7NSU ~f°^`3e° ~,r"?'a` . lA . . ' (~} YaOt rEAFEa £>1t11t5i !:/8 NR uu+t Ntt te' kTtk7 SCC CE4U i 'YC M1+.I ata {rfF.j arozts Fowr . uasslDARr tout o aaD• ur . _,_. taY .Atw .., w . , (r . FRONT ELEVATION 7l+-4 .D .~1 ..t_ ......... J, ...'........... _. EXTERIdR FiNIS}i SCHEDllLE PARAPET 8c ACCENT BAND DETAILS ~I ~°'1°"-'~°-" AREA CQ LQ R XEReWw~ws taunue+ware lkY aQC7R Akx rani . o rlusr~ D• ' ~ ~ a XXfXXJXX . 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AEtl (gRiti tGtflYi axw mPx sYSUat Tau a M xYiD ~i16tIG aED• sY zara 7EloaxaE GcASr 11 b s lOw£ft FS.ANp + VPAER BAN IR p + PATU FET .,.. tttFSS rkar awP taoa xwaGOr .I sx z7m -rasare t KFC AWNENG CsD CUPOLA Sro'-+'-D" ~ ~,~:~._ b e% ~~ 3 x ~` , x ~~¢q CM~`~R...- 1~~:~~;;.i}} t'3 t^1RIx~ r 1 1 y 'v fed-3,~ nus~+ ~ vtt"~ P~!°` 'rrv _ ~r Y.i ~Ft` ~~ ~ x~r ~~ ~~ nn s t ' ' 1 ( S + ; ~ ~ ~ M} 1 ..t_.L. ~~ ~~ ' ~~ k' 9MOFtlM ORS a [IiKMM a ~yt '~~~" ~,~ •...~.~ tUA. ~ d~ ro a~~SW~ ~~~~'~ V ~^ s°iti;~ ~ ~ » rt`SP ta+9-°. ~~~J,,.,~~~~. ~p ' 5 ~ ~~ cx+x+~" "n rat __... .++." ~ 16 e ~ .~....~'.. { o ~ .'„--^"""r amt sx ~ ~ ~ ~ }' ~ ~ w S?n.~;Ni"~ Z 5~ 11#'wi-~ ~ '~y? Hti~~' Vr E1~~Tf~S. REr£R SO ~' a; i. ~~ t5si ~#~`pHUSU~ ~~.' tiY s' ~' ~4 ~~ g ~ ~ o !'t-;" ,.. ~ KA~A n...+' au~.o~-~ 0 X~.w+" ~~ ~~ ~ ~ J 4 ~~ Ily,.t~.d ww' ....---" r .r~, . '..v~:. Ii 3. Issues which nay provide the basis for an appeal on the matters shall be raised prior to the expiration ofthe 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. ~, Capies of all evidence relied upon by the applicant are available for public review at City Hail, 155 South Second Street, Central Point, (h-egan. Copies of the same are available at 1 S cents per page. 5. Far additional infarrnation, the public may contact the Planning I:tepartment at {541 } 664- 332.1 ext. X92. SCTNIl1~[ARY QTr' PRt3CEDU~~E At the meeting, the Planning Commission will review the applicatians, technical staffreports, hear testimony from the applicant, proponents, opponents, and hear arg€~ments on the application. Any testimony ar written comments must be related to the criteria set forth above. At the conclusion of the review the Planning Camunission may approve or deny the site plan: City regulations provide that the Central Point City Council be informed. about all Planning Commission decisions. E PINE ST 1480 f 1 9546 102 1ARUE DR 9777 290 . Subject Property ~~ .d ~s:~. 1.55 South Second Street !Central Paint, OR 97502 ! {541} 664-3321 !Fax: {541} 664-6384 d ~ ~~ ~5~,. ~~~ ~ ~ ~~ ~ ~~~ ~ ~~ ~ ~~ ci} _© ~ ~ ~ ~~ ~4 ~ ~~ n ~~~~ f•+ a+ ta~ S S j r~"v'." $y • t I ~ ~j t R 1~ . H 7a'« i ' 11 i ~ _ 1 ` ; ` i 5 ~ T i g ~X~1t~J1E C s~ ~.. _..- ~~ ~ w jf} ~ Lr.'y`4~ ' ~ ti 4. „~, I f ~ ~ '~ r X a ,~~ .~i. ~~ ~~ 6~ M ~~ ~~ L r ~„ ~ i~~ ;w 3 11 '~' ~ t~ q `~ ~*, ~ x t ~ ~~ E ~ .i t ~ t ,~=j} ' 3 1 i ~~; ~ti,..~ n2 ~ 11 {~ i~ u ~ t M ~ ~ ~' ~ ~ v~ ~~~ ~: ~~~ ~~ ~~ ~~~~~~ ~.~i~i:E' ....~~ wr.~i.f.~ii~wti3iitft~ h. ~ ~:. ~_~~~~_ ~;~~ ~ _~ ~~ ; ~~~~~~~ .~iF1 i V K r a _~ ~~ i F3EAR CC~~~~C VALLE'1t A~'fi,~~Y AUT`HQR"C''!P' sacs sou~tt PAGSF~C HwY. • NfEE3FOiiD, ORBGOr~ &'r501•aQaa ~ {3 a~~ sss~s~ssa • {sail rraa~taa FAX {541 1535-52y8 • www,I~vs~r.org E~hibil D Septerr~ber 19, 2002 Ken Gersclzler City of Central paint Planning Department 1.55 South Second Street Central Point, Oregon 97502 Ite: ~'C and A&W site plan and partition, File # 02Q5S and 02056 Dear Ken, The Lower Bear Creek Interceptor runs through the subject property in a north-south direction as shown an the site plan. This is a 42 inch diameter main line and is available far service connection in accordance with BCVSA standards. There is also an 8 which nuns along the freeway frontage ofthe property, The 8 inch main line has not been accepted far use by BCVSA but could be made available fairly easily by submission of as-built drawings and other documentation by the developer, This would be the preferred connection point for the proposed building. All sewer constzuctian must be done in accordance with BCVSA standards. Connection will require a permit and payment of development fees. The applicant should contact BCVSA so that the development fees can be calculated and paid prior to issuance of the permit, Sincerely, Carl Tapper(, P.E. ~ . District Engineer . ...r; K:IDATAIAGENCIES~CENTPTlPL1~NNGISITEPZANRE~TEW1(3205 S~~:FC~A&W.l~{~3C 0512412002 09:03 8264566 JC.FD3 BUS t3~'~C F't^~Cr~ 02103 t 8333 A~A7 ~. RC7'A~7, wwt~iT't E GTI"Y, t7R~C71V 97'SD3.1~?75 f5~~? sz~-~~,vo ~ C~~x> szs-~~~~ Sepfiember ~,#~ _~~Q~ +~"r~r a€ Ce»trat Point Attn: Ken Gerschter 1 E Fire t7istrict Commends; ~ t32a55,~6 KFG £~ A~- W Site ptan r. ~. The Fire District wilt appty alt Unifo~r~ Fire Code sta»dards to this project. 2. Provide ire hydrant ta+~ttian on ~~~ maps to meet Uniform fiire Code standards. { 3. Fire aepa~ent Access staa~dards t' meet Unifarrn Fire C©de. ~-. Carnmerciat Kitchen Head Sys~ern a d ~sprinkter system i~'required by the buitding cede. i Tha»k Y u ~ ~.... r' ,~ Moran Deputy Fare Ntarsliat . ~ S t~ t i t 3 i E 33( hh 1 del •+G~,~• ~.:+ )b L.~zrsot Carp. - KFC 1'tY!D Sttt~'I~eport 11~J49/20t12 EXH~B~`f E CITY QF CENTRAL POIN"1' FUB~~C` WCIRI~,5'.I~.~P.~RT~EIVT STAFF REPt~RT Date; C}ctober 1 ~;, 2002 Applicant( Hunter Seven, L.L.C. Et. Al./Floffbur 1-Ielen C. Trustee F.B.t~. Owner: P.p. Box 4129 Medford, C?R 97541 Lariat Corp. - KFC 394 E. McAndrews Medford, {~R 97501 Agent: Hof~buhr c~ Associates 3155 Alameda Street Suite 201 Medford, C1R 97544 Location: Penninger Road, Central Point, C7regon Legal: 37 2~ 42D, Tax Lot 2944 - 1.66 Acres Zoning: C-4, Tourist and (Jffice Professional District Report By: Public 't7irorks Department PURP{)SE Provide information to the Planning Commission and Applicant {hereinafter referred to as "Developer"} regarding City Public Worl~s Department {P'VirD} standards, requirements, and conditions to be included in the design and development of the proposed con~tnercial facility. Gather information from the Developer/Engineer regarding the proposed development. SPECIAL F~EQUIREMENTS 1. Existi~ In rcxstructure: 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 unproved 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. L,ariot Corp. - KF'C Pik Staff l~port .~12s/,~o~z 2. Traffic Intpaet: The proposed Develapzneaat is a moderate traffic-impact development that witl be located to the south of tl~e existing fast food restaz.zrantltruck fueling facility developzt~zenf on the south side of the intersection of E. Pizac Street and Penzxinger Road. It is the Public Works Department opinion that although the prapased Develapznent wilt provide same impact to the E. Pine Street/Peninger Raad izatersectioza, that tl~zesc impacts are minor in nature, and will not severely degrade the existing level of service of this intersectiozz. I-fowever, the prapased Development would be included in any local improvement district that is fanned to address these impacts and to mare the necessary improvements to the E. Pine Street/Penninger Raad intersection, and adjoining streets/intersections. 3. Master Plans: Currently the City of Central Paint in cooperation with the {aregan Department of Trazzsportation is developing a master plan based on the traff"zc studies on this portion of East Pine Street. After the completion of this traffic study a master plan will be developed and recommendations will be issued. 4. Easements: The Developer shall provide suitable and acceptable I S-fact-wide minimum easements far any City public works infrastructure located outside the public rights-af-way. These easements shall be dedicated far sole use by the City, and shall not overlap crossings are acceptable, as Tong as required infrastructure separation is maintained) other utility ar infrastructure easements. A separate I ~-foot minimum width public utilities easement {P.V.E.} should also be required for utility installation autside the E. Pine Street right-af-way along the property's exterior frontage with E. Pine Street. All canstructian plans and as-built drawings shall accurately portray {both hori~antally and vertically) utility line and appurtenance locations and the locations of any existing and new easements an the praposed development. All f zeal 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-af-way and easement dedication shall be completed prior to final constnzctian plan approval. S'it`e Layc~utlTrafftc Circulation Plan: The developer shall prepare and submit for City PWD approval a suitable site traffic circulation plan far the praposed development. The traffic circulation plan shall illustrate that all driveways and connections to streets shall accommodate the hzrning and access movements of all expected truck., bus, emergency vehicle {i.e. fire truck and all other applicable vehicles. The minimum queuing for adrive-thru facility is four vehicles. {The applicant is proposing eleven). ~. Clear Visipn AreaslTrian~les. All driveway approaches of the praposed Development connecting to public roads shall maintain aminimum SS-fact 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 an final orientation and lane layout of the adjoining roads, in accordance with AASI-fTC} clear sight-vision requirements. Adequate clear vision arealtriangles shall also be maintained at all internal driveway intersections. 2 `.,k ~V. ~= ~~~ 1_.arr`ot Cad. - KFC I'i~/T? Sta~'.~e~5ort 7. Lanrlscapin~lStreet Trees: After reviewing the applicant's landscaping plan tl~e City's Park Department has submitted several modifications, which are established in tlxe City of Central Paint Planning Staff Report. The Public Works Departz~xent recommends the lazxdscapizxg be constructed with the suggested amendments. 8. Erosr'c-zz Central Plan: A suitable erosion control plan must be prepared and subnxitted to the Oregon Department of Environmental Quality {DEQ} and City 1'WD for tlxe construction of any improvements associated with this developnxent. The City PWD will not approve the construction. plans associated with this development until the City PWD receives a copy ofthe written approval of the erosion control plan by the DEQ. ~, Sturm .Z7rarrtage System: The storm drain system shall be designed to accommodate the storzxx water runoff from and run-on onto the proposed development {either surface ruzx-on or culvert or creeklditch conveyance}; any future developnxent ozx 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. Depending on topography, this may include surface water flows from the propez~ties south, and west of the subject tax lots tlxat drain across the subject tax Tots. f-lowever, if applicable, the City PWD is further recommending that the Developer be required to design the storzxx drain conveyance system to accommodate projected post-development flows from these adjoining properties. City PWD would propose reimbursement to the Developer for up-sizing the applicable up-sized portiozx{s} of the storm water conveyance system to accommodate the future development on these neighboring properties, as applicable. 10. C.? f Site S`tyrrrt T3rainage .~r~~rastructure: For any storm drainage infrastructure constructed or improved outside the City's rights-of=way or easements for drainage of surface waters from the subject development, the Developer shall provide a suitable document or documents which contain approvals for the implementation of such connection and/or improvements and which describe: © Who is responsible for the operation, maintenance, and repair ofthe infrastructure facilities to maintain the original design parameters associated with the infrastrrcture`? if the City is to operate and maintain the infrastructure, the applicable funding mechanism that will be created {i.e. local improvement district} for the associated City expenditures; D How will all-weather drivable access be afforded and maintained indefinitely to maintain and repair the infrastructure facilities; D That an easement or other suitable conveyance document has been granted, as necessary, to provide suitable access on private property for the inspection, maintenance, and repair work to be performed on the infrastructure facilities. The easement shall include a statement, which allows access by City personnel for inspection, maintenance, and repair purposes. tv ~~~ ~,~; ~.arzot Cc~r~, - I~£G ~~i~ Staff report 9/2.5'f 21142 11. Water ,aistri~utiort System rrnc~X .Fire Prtrtectir~zr: '1'he water distribution system for the proposed Development shah be of "reinforced loop" design; a minimuzxz of two connections will need to be made to the City's distribution system. l2. AbvuegrQUnrl Utilities. lfapplicable, coordinate efforts with. Pacific Power, Qwest, anti Clsarter Coznmunicatians, to convert any overhead electrical power, telephozae, or cable facilities within the proposed development to underground facilities, prior to the acceptance by the City PWD of the public improvements associated with. tlzc proposed development. Ail agreements and cests associated with the conversion of these facilities :from overhead to underground facilities shall be by anal between the utility owners and the Developer, GENElII:AL Public l~rrprczvernetats: All construction ofpublic improvements shall conform to the City's PWD Standards, the conditions approved and stipulated by the Planning Commission, and ether special specifications, details, standards, andlar upgrades as may be approved by the City Administrator or his designee prior to the appraval of the canstnzction plans .far the proposed development. During construction, changes proposed by the Developer shall be submitted in writing by the Developer's engineer to the City PWD far approval priar to implementation. 2. Permits trntl Appruvcrls: Developer shall provide copies of any permits, variances, approvals, and conditions as may be required by athar agencies, including, but not limited to, the C.~regon Department of Fish and Wildlife {DFW}, C}regon Department of Environmental Quality (DI~Q}, Oregon Division of State Lands (DSL}, LT.S. Army Corps of Engineers (AC(~E}, affected irrigation districts, and Jackson County Roads and Parks Services (.TC Roads}, Fire District No. ~, and Bear Creek Valley Sanitary Authority (BCVSA}, as applicable. The Developer shall submit written approvals of the final construction plans from Fire District No. 3 (fzre 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 drivewaylaccess road connections} priar to final construction plan review and appraval 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 ar surveyor should provide the drawings in bath a "hard copy" form {produced on Mylar~'} and in a "digital" format compatible with AutaCAD~, or other farm 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; spat elevations identified on drawings; watez• 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 {an Mylar~}, or an approved alternative format, ~S I.~rzot C'oy~. -~- K.F`C Pit%'D .Sta~'Ke~iart 9/2Sf 2(12 of constrczctian drawings, and if feasible, an acceptable AutoCAD~' compatible drawing electronic file to the City at completion of construction and prior to acceptance ofpublic infrastructure facilities completed as part of the proposed development, or as otherwise approved by the City Administrator or his designee. 4. Elevativns: All elevations used on the constz-~zction plans, on temporary benchmarks, and on the permanent benchmark shall be tied into an established City approved benchmark and be so noted on the plans. At least one permanent benchmark shall be provided for the proposed development, the location of the benchmark shall be as jointly determined by the City PWD anal the Developer's surveyor, 5. E.xistzng ,ltZ frrrstruetzcre: 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 f nal 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. .'`ill Plnc~tnent: All fill placed in the development shall be engineered fill that is suitably placed and compacted in accordance with City PWD and Buildzng Department standards, except for the upper 1.S-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. ~, Raczdfl.7ri~ewa~tzrkitz~ tens: 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 road/streetldriveway sections within the public rights-off way shall be constructed per the design of the City P~rVD. 8. Utilit~l~rns: The utility plans shall be drawn to scale with accurate horizontal and vertical depiction of utility lines and appurtenances {transformers, valves, etc.}. Utility infrastructure 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 Lighting Plrrn: Need to provide and implement an adequate area lighting plan for parking and public access areas, including the driveway entrances. l fl. ~ase~rzerzts: Easements for City infrastructure (i.e. sanitary sewer, water, and storm drain [if applicablej} should be a minimum of l5-feet wide, and should not split lot lines. Easements far 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 are located within an easement, then a minimum of 2{}-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, dxivable vehicular access to City public infrastructure facilities, as determined by the City PWD. ~~ r~° L.ariot Corp. - KFC I't~ Sta~f`I?eport 9j25/2~42 11. ,.Street ~i~lrts: Construction drawings for this tentative plan shall include a Street Lighting Plan in accordance with the requirements of the City 1't1dD or as otherwise approved by the City Administrator or his designee (with maximum 200 .foot spacing}. The construction drawings sizall include clear vision areas designed to meet the City's PWD Standards. 12. Sterna l,}rc~inage S,ystena: L?evelaper's engineer shall develop a facility plan far the storm drain collection, retention, and conveyance system {SD System) which provides for storm water zun- off from and run-on onto the proposed development {either surface run-on or culvert ar creek/ditch conveyance}, any existing or future development on adjacent properties, conveyed storm 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 haw the SD system will work during 10-year and 100-year flood events associated with Bear Creek. Identify the I-IGL in Bear Creek during 10- and 100-year 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 backflaw of water from Bear 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 zun-an or culvert or creeklditch conveyance}; the Developer shall demonstrate that the storm water flows from the completion of the proposed develapmez~zt {and at any time prior to completion of development) do not exceed predevelapment flaws into Bear Creek; ar 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 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-year 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 discharge to the street surfaces. Public storm drainpipe materials shall be PVC, KDPE, or reinforced concrete, with wateztight joints. Provide concrete or sand-cement slurry encasement where required in areas of minimum cover. ;~ ~%~ >~ .. Z,rx9iat C.'orfi. - k~C I'I~D Staff i~epQ~~ 9/25/2(lt?2 Raaf drams and under drams shall not be directly cannected to public storm drain lines and shall drain to the on-site private storm drain system. As applicable, any discharge paints of tine storm water facilities shall be designed to provide an aesthetically pleasing, useful, and law maintenance facility, that are designed to mitigate ergsian, damage, or lass during a 1(}0-year storm event, and that mitigate the "attractive nuisancc'> hazards associated with these types of facilities. Prior to City PWD construction plan review, the Developer shall provide the City PWL7 with a complete set of hydrologic and hydraulic calculations and prof le plats far sizing the SD system, which shall incorporate the use of the City PWD's rainfall/intensity curve, and City approved run~aff caeffzcients, curve numbers, pipe roughness caeffzcicnts, etc., that are used in the engineering calculations. Sheet flaw surface drainage from tl~e property auto the public rights-a~ way or onto neighboring properties is unacceptable. Plans which. propose to include the discharge to Bear Creek az~d any construction ar modiflcatian within the floadway of Bear Creek or in the road ditches, shall be in compliance with DSL, ACC}E, UDFW, DEQ, JC Roads, and/ar City PWD {as applicable) guidelines and requirements and any applicable conditions and ar approvals, of these regulatory agencies. l3. Fire Hydrants: Provide locations of existing and any new required fzre hydrants. Fire Hydrants need to be cannected to 8-inch-diameter and larger sines, with the supply lines being "looped" as feasible. If applicable, steamer parts at hydrants located near the building shall face the buildings. Fire hydrants shall be suitably protected from potential vehiole damage and encroachment. 14. Water S sv tern +~rr~ss Ccannectinn Contrrrl: Developer shall comply with Qregan Health Division ~C}KD} and City requirements for crass connection control. 1fa pressurized irrigation system and/or domestic water wells exist an the property, the Developer will be required to install the required backflaw prevention assemblies directly behind the City's water meters. 1 S, T3'ater System: 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. Rrrvf/Area I.3rains: Atl structures sha11 have roof drains, area drains, andlar crawl spaces with positive drainage away Pram the building. 17, Grading Plans: Grading plans shall have ariginallexisting grades and final grades platted an the plan. Typically, existing grade contour lines are dashed and screened rack, and final grade contour Tines are overlaid an top of the existing grades and are in a heavier line width and solid, Contour lines should be labeled with elevations. . << Lnriot ~'orj~. -- KF~' I'I~} Staff'F~eport slzs/zoQz 18. Sanitary Sewer: All sanitary sewer collection anal conveyance system {~S ~ystezn) design, construction and testing shall conform to the standards and gtzidclines of the Oregon. DE{~, 1990 APWA standards, Oregon. Chapter, Bear Creek Valley Saz~itazy Authority ~BCVSA), arzd the City I'WD standards, where applicable. Tl~e constz-rzction puns and the as-lauilt drawings shall identify lateral stationing far construction of sewer laterals. 19. T3'ater Rights, If applicable, Developer shall provide a Statenaez~zt of Water Rights {on a City approved form}, for any affected properties. For properties detern-zined to have water rights, the developer will coordinate with the Mato Water master tl~.e re-allocation of arty waters attached to lands no longer irrigable as a result of the proposed development. ._. ~.: EXFIIBiT F RECOMMENDED PL.FI,NNING DEP~.RTMEN~' CUNDITI(J-NS QF APPR4V~L 1. The approval of the Site Plan shall expire in one year on f~ctobcr 1, 2(13 unless an application for a building permit or an application for extension leas been received by the City. The applicant shall submit a revised site plan depicting any changes discussccl 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 . 3. The project must meet the off-street parking requirements for restaurants, and tl~e parl~ing> access and maneuvering areas shall be paved with durable materials for all-weather use and approved by the Public Works Department. 4. The applicantJproperty owner shall submit final parking, landscaping, lighting and sign plans to the Planning, Public Works and Building T~epartz~ents for approval prior to obtaining any building permits. . ~~ PLANNING DEPARTMENT STAFF REP(JRT HEARING DATE: C}ctober 1, 2(702 TU. Central Point Planning Cozxzmissioz~ FRG1M; Matt Saznitore, Caznmunity Plattner ST1$JECT: Public I~3earing- Tentative Minor Partition for 37 2W 02D Tax Lot 2900 - Hunter Seven, L.L.C, Applicant) Planter Seven, L.L.C. Et. Al. C/C} John Batter £)~vner. P.O. Box 4460 Medford, C)R 975£} 1 Agent: I-Ioffbuhr and Associates 3155 Alameda Street, Suite 20I Medford, C}R 97504 PropertX Descriptiont 37 2W 02D Tax Lot 2904, l .66 acres Zo_ n_ ins: C-4, Tourist and C)f~ZCe Professional Distz~ct Summary The applicant, Hunter Seven, L.L.C. is proposing the minor partition of a 1.66 acre parcel into two parcels. The property is located near the intersection of Larue Drive and South Peninger Road in the C-4, Tourist and Ofbce Professional Zoning District. Authority CPMC 1.24.(}20 vests the Planning Commission with the authority to bald a public hearing and render a decision an any application for a tentative plan land partition. Notice of the public hearing was given in accordance with CPMC 1.24.060. {Exhibit B}. Applicable L aw CPMC 16.10.010 et seq. Tentative Plans CPMC 17.44.010 et seq. C-4, Tourist and C}ffzce Professional District CPMC 16,36.010 et seq. Major and Minor Land Partitions Discussion Gg' ~ The project area consists ofa single l .G6 acre parcel located south of the Sl~ari's Restaurant and east of Interstate 5 near the intersection of Larue Drive and South Peninger Road. '1'lze minor partition would. create a total oftwo parcels of0.85 and 0.81 acres respectively. 'I'bis was Lot 3 of the original LaRue Partition which the Planning Commission approved in l 9~~}. State taw allows the re-subdivision of property after one year. A Property Line Adjustment is also included in the Partition. The Area along Parcel l will move tl~e property line to follow the Cul-de-sac. The Planning and Public Works Departments have reviewed a site plan and this tentative plan for the minor land partition and have concluded that the partition conaplzes with city requirements if all conditions of approval pertaining to site development, minimum tot size, public works standards and specifications and access to public roadways can be znet. Tl~e Public Works StaffReport is attached in the Site Plan Review for the ICFCJA&W Restaurant application proposed on Parcel 1 of this partition. The original notice for the meeting did not include the partition, A conditional approval nay be granted for the partition. In order to give the proper comment period the Planning .Department will continue to accept comments until October l 1, 20(}2. An additional meeting maybe held on October 14, 2002 if comments warrant the need to do so. Findings of Fact & Conclusions of Lar~v Minor Paf°titic~n CPMC 16. i 0.010 requires that applications for tentative plans be submitted with improvement plans and other supplementary information as may be needed to indicate the development plan. ^ The proposed minor partition satisfies the subdivision requirements listed in CPMC 16.36.030 and CPMC 16.36.040. The Public Works Department may request additional information to satisfy standard specification requirements. CPMC 17.28.050 establishes minimum area, width and access requirements for the C-4, Tourist and Off ce Professional district. ^ Parcels 1 and 2 of the proposed partition meet the area, width and access requirements for the C-4, Tourist and C}ffice Professional District. ~ ~w; .; ~.~ Recorrzznendatioza Staf'frecammends that the Planning Commission talcs one aFthe follawing actions: 1. Adapt Resolution No., approving the ~1'entative Minor Land Partition of 37 2W 02D Tax Lat ~~44 subject to the rccammencieci conditions ofapproval (Exhibit C ), or 2. Deny the prapased Tentative Minor Land Partition; or 3, Continue the review of the Tentative Minor 1..,and Partitioza at the diseretian of the Commission. A conditional approval may be granted for the partition to allow parties ample opportunity to comment on the application. Any comments xn~~st be submitted to City Hall no later than October 11, 2002. An additional meeting of the Planning Commission may be held on Uctober 14, 200.2 if comments warrant the need to do so. Exhibits A. Tentative Plat B. Native of Public Hearing C. Recaznmended Canditians of Approval l:R ~;~~ _-~ 1.11 ~_ _,~ ~^~' ~-- ^~ ~~~ s: ~~ =~ `= it 1} J ~ @_ 3 's .~n v ~c}~ cv ~ ~ ~~ '~ U ! ail ~~ L: 7~.~3 ~„, 75 ~' U 0 -~, U .3 m 4~ 4} `(~ ~: ;, ,~ ,~, ~ ~-,> r U i li "~ .q ail i') `,; -~, c~ •,> i1 I ~Ib". =z fl t~ „~ `~ O {) i f ~dil . 1 j O i u ., n u ~' O iq ~r 7 ~ u ~ ,, i.~ t` ~ i ti' ,III ~~/~ ,/'. _...._._.,.~ f ', r :W _~ // If '~n. ,,. ~ ~,~ ~~, ~~,~ ~- ~ ~/ ~~ / ', i~~ ~„ ~ ~~ ~~~ ,r a ~ ~; ~ ~ ~, ~u ud ~ ~~ a r ~:; ~a~~~ N ~ ~ w ~ z z ~'~~ r. ' 3~ ~~~ ~~~ J i i f ut 4 _, e f i, , ~~: t '~ ~I "''I' 1 ~i 't CAN Tf~,~, 44 ~-- < w-hajeY.=.~" ~ .... -Q~ ~1 I='L11NN1N~ 1~~r'1'i~.T~'I'~1JJNI' exhibit ~ 't'orn ]lttrr~]}]~r~c.y, AIC'I' 1'I~ar~t~it~~; [}ir~c>c.t.c>r. C;orrr;r~urtiE.y 1'lazrT~er- t~~t.t. ~~~rnil,{~r•e C;orrtrntttril,y I'l~rrrner~ Dave Arkens Planning Technician F~EVISEI) Notice of Pub~~c Ilearing Date of Notice: September 25, 242 Meeting Date: Time: Place: NATL7RE OF MEETING October 1, 2002 '7:00 p.m. {Approximate} Central Point City I~Iall 155 South Second Street Central Point, Oregon Beginning at the above time and place, the Central Point Planning Commission will review tentative land partition and site plan applications that would allow a drive through restaurant to be constructed on a parcel of property located at the end of South Peninger Road. The subject property is located in a C-4, Tourist and Office Professional Zoning District on Jackson County Assessment Plat 372W02D, Tax Lot 290. The Central Point Planning Commission will initially review the site plan and tentative partition applications to determine if the proposed requests meet the requirerr~ents of law. This is a native that has been revised to include an application of tentative land partition together with the site plan review far the drive through restaurant described above. The land partitian would create two parcels of 36,000 and 35,000 square feet. CRITERIA FOR DECISION The requirements for tentative land partitions and site plans are set forth in Chapters 16 and 1'7 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 CQMMENTS I . Oregon Law requires that a notice of meeting be mailed 17 days prior to a public meeting involving certain land use actions. Any person interested in commenting on the above- mentionedland use decisions maysubmit written comments up until the close of the meeting scheduled for Tuesday, Qctober 1, 2002 however, the application for tentative partition will have a comment period that extends to {~ctober 1 1, 2002 due to the date of this revised notice. 2. Written continents may be sent in advance of the meeting to Central Point City ball, 155 South Second Street, Central Point, C3R 97502. 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 Continission. 4. Copies of all evidence relied upon by the applicant are available for public review at City Hall, 155 South Second Street, Central Point, Oregon. Copies ofthe same are available at 15 cents per page. 5. For additional infozrnation, the public may contact the Planning Depaz~tment at {541 } 664- 3321 ext. 292. SUIY[MAR'Y C)F PROCEDTII~;E At the meeting, the Planning Commission will review the applications, technical staffreports, hear testimony from the applicant, proponents, opponents, and hear arguments on the applications. 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. The Planning Commission will review the application for tentative land partition concurrent with the site plan application far the praj ect. A conditional approval may be granted for the partition to allow parties ample opportunity to comment on the application. Any comments must be submitted to City Ball na later than Uctober 11, 2002. An additional meeting of the Planning Commission may beheld on October 14, 2002 if comments warrant the need to do sa. City regulations provide that the Central Point City Council be informed about all Planning Cozx~tnission decisions. 155 South Second Street • Central Point, OR. 97502 ~ (541} 664-3321 !Fax: ~541~ 664-6384 EXIIIBI.I. C PLANNING DEPARTMENT RECOMMENDED CCtNDITIUNS 4F APPROVAL 1. The approval of the Tentative Plan shah expire in one year on Jctober 1, 20{3 unless an application. for final plat or extension has been received by the City. 2. The project must comply with all applicable local, state and federal regulations. 3. The tentative and final plats shall depict utility easements requested by the City, BCVSA and WP Natural Gas. Any changes to utility layout including fire hydrants shall require subsequent approval by the respective service provider. ~. p1 R A r ~' PLANNING TIEPARTM1N`I' MEMORANI?UM HEAI:TNG DATE Qctober 1, 20fl2 TO: Central Paint Planning Commission FROM: Ren Gerschler, Community Planner SUBJECT: Renaming Cedar Shadaws Way to Shadaw Way Applicant! Owner: Hameawncrs Association Cedar Shadows Planned Unit Development Central Paint, OR 97542 Agent., Darlene Turner, President ta4~ Shadaw Way Central Paint, C}R 97542 Authority: State Law vests the Planning Commission with the authority to hold a public hearing and make a recarszendatian to the City Council concerning changes to street names. Applicable Law' Oregon Revised Statute 227.1.20 Procedure and approval far renaming streets. Discussion: The homeowners association far the Cedar Shadaws have submitted a resolution to change the street named Cedar Shadow Way to Shadow Way within the Cedar Shadaws Subdivision. Since the street is located entirely upon private property, a copy of the resolution was forwarded to all of the applicable agencies to include emergency services. The Jackson County Surveyor has located a requirement in State Law that identifies a street re-naming procedure regardless of street ownership. The Planning Department requests that the Planning Commission reea~r~rnend the street name change to the City Council. A notice for public comment will be posted in the newspaper a week prior to the City Council meeting, ~;.~~ ~_. Planning.Commission Action The Punning Commission may take ono o~'the following actions in regard to changing Cedar Shadow Way to Shadow Way. l . Recommend approval of the street namo change; or 2. Recommend denial of the proposed street name change; or 3. Continuo the review of the street nazno chango at tho discrotion of the Corr~mission. Exhibits• A. L3ocumentation from the Color Shadows Homeowners Association N:1F'IanninglrenamesEreet 2 00 ] 20Q2.wpd rfN Fe-~ ~`.~:: ~X ktBiT "fit ~` August 29, 2002 Phil Messina, Administrator City of Central Point Central Paint, C?R 97502 Re: Cedar Shadows Development Dear Mr. Messina: ,j •~a ~ S~ ~~P `~ ~~ l C; ~; ~ ~ 2do~ ~`~ 4,~~ 4~abb 4db`4« w Mti4 tJn behalf oft 7 homeowners in this new development of townhouses, t wish to appeal to you #o straighten out a matter of our official address. The pity advises that this area ofF Freeman Road is private and we have the right to name it anything we wish. The builderldevefoper, Dallas Page of Parthenon Construction, officially named it "Shadow Way" as he was. advised i# could not be an extension of Cedar Street. The developer's sign on the property, in fact, denotes this as SNADC~W WAY. The U.S. Posfal Service officially designated our address as Sl-lADC7W WAY. However, the City of Central Point and an official of Jackson County, Roger Roberts, Surveyor, insist it be called "Cedar Shadows Way.n This has created innumerable .problems for us. My specific case, the city sends water and sewer bills to Cedar Shadows and the post office sends them back. Sometimes mail sent to Shadow Way has been returned because my former post office has been advised that the address is Cedar Shadows, they stamp my mail (including checks} and return to sender. When t first moved here and called to have utilities connected, they said there was no such address as Cedar Shadows Way. They finally located it under Shadow Way. t went to city hall and asked about the official address they said it had to be Cedar Shadows Way. t went to see the postmaster. Mer insisted the address. HAD to be SHADQ-W ittl'AY because of their sorting equipment. Also it was designated thus by powers that be for the western division and is in the USPC) national street directory, City hall employees stood firmly in their bureaucratic righteousness and told me the "past ofl=•ce is wrong," l asked, "Are you saying you have rights over the federal governmen#?" No chance. Qne person said, "We already ordered the street sign, as if that confirmed their righteousness, "Do you have an eraser, a piece of board and a paint brush?"tasked. Meanwhile, we residents continue to experience hassles with our mail. We have changed mailing addresses, checks, bank information, everything back and forth. What will happen, we ask: Everyone has settled on Shadow Way because that's how we get our mail. What if there were a fre or police emergency and we give our address to "9-t-t" as Shadow Way and they don't show up because they can't fnd us we're on the city map as Cedar Shadows Way. . ~:x Q ii "x..k Vvhat we have is the proverbial Mexican standaff. tl1le, the residents, shauld be the only ane wha has the real stake in this argument. 7`he city must butt out, and officially .... :designate our address as SNAD~W WAY. This is what the developer originally named it before someone in the bureaucracy decided to assert some power they thought they had. Several other residents here, as well as myself, an several occasions, have found employees a# city hall with an "attitude,"--argumentative, dismissive; it might be a good staving point for you to remind them they are there tci service the community, not apt as if we are a pain to deal with. Aside from this, congratulatians on your appointment and we do wish you well in your new position. Sincerely, Darlene Turner 544 Shadow Way Tel: 665-0847' cc: ll.S. Postmaster, Central Paint Bill Walton, Mayor, central Point Roger Robevs, .lackson County Surveyor City Hall's latest stance was that the county survey ~.'~~ CEDAR SNADC)WS SUBpIV1~IC~N NtJMEC}WNERS ASStJC1ATIfJN At a meeting of the Homeowners Association of Cedar Shadows Subdivision on Monday, September 8, 2042, the fiollowing resolution was presented, voted, and passed by the owners present who represented more than 7~°l~ of the Iota! votes of the Planned Community: RESQLVEL?, that since we have had problems with two addresses for the subdivision {i.e,, Cedar Shadows Way or Shadow Ways and that the majority of the present 17 homeowners are using Shadow Way for mail, we agree That the name of our street be ofiFicially and publicly proclaimed as SHAI3QW WAY, THERE~'dRE, We request that a new street sign, Shadow Way, be placed on the corner of Freeman and the entrance to our street. That Emergency Services be notified and the records be changed. That utility companies be notil-sed. 9S That The U.S. Ponta! Service be notil•~ed And other city and Jackson country offices and services be notified as appropriate. l am enclosing a copy of our By-Laws setting forth our organization, powers and officers, as well as a copy of current address numbers on Shadow Way, Thank you for your assistance in helping us establish a smooth system in which we receive our mail, get deliveries, be located by police and fire departments, and our friends finding us. ~ ~~ ~~ .`~ ~,- .. ~~.~~rnrrr~=~ ~' ~ur~.rx,~~rc Q AUE~~1C WORKS D~R~-, Ct C3ate: Se .Member ~ 4,2442 Darlene Turner, President Homeowners Association 64~ Shadow Way Central Point, fJR 97502 CEDAR SNADfJWS SUBDIVISIC3N Central Point, OR 97502 No. on Shadow W~v t~wner Tel. No. 615 John McCauley 664-8416 619 {Tenant: ?) Owner: Place No. 647 623 John & Belva I-ean 666-479 628 Patrick & Lynette Kubasiak 664-7300 632 Ryan & Monique C3fford 664-8011 635 {Vacant - Buntin} 636 Nicole ~ Cana Morley 665-0754 639 {Vacant - Buntin} 640 Mitzi Webb 664-1685 643 Bill and Larry Rooks 664-3664 644 Darlene Turner 665-0847 647` Rich and Garol Place 664-2625 648 Gary & Caroi Domes 664-9969 651 Duncan Hunter 665-0438 65.2 Scott & Joleen Hanson 664-4784 656 Frio & Barbara Gramento 664-9873 660 Kathy Gilkey 664-5723 664 Tim & Sue Denbo 6165-58213 668 Randy & Trenton Ferree 665-2872 ~~ ~. ~~~. BYLAWS flF CEDAR SHADOWS SUBDIVISION IEIOI'YtE4WNERS ASSOCIATION ARTICLE t -GENERAL Section 1. Application. These By-laws govern the administration of the real property known as Cedar Shadows Subdivision located in Jackson County, Oregon, and more particularly described in the Declaration dated Januazy 3, 2002, and recorded in the Qf£icial Records of Jackson County, Oregon as Instrument l~c~'`CiCi'41~94 {hereinafter called Declaration). Section 2. Personal Application. All present or future owners, or any other person that might use the property are subject to the regulations set forth in these By-laws, the Declaration, anal any other regulations approved pursuant to the terms hereof. ARTICLE LI ASSflCIATIflN MEMBERSHIP Section ~.. Membership in the Association. An owner of a lot as recorded in the records of Jackson County shall automatically be a member of the association. Section 2. Voting rights. There shall be one voting homeowner of each lot whether awned jointly or individually. Such voting homeowner shall be the owner of the lot as recorded in the records of Jackson County or a third party may be designated by the owner in the form of notice given in writing to the Board of Directors. Section 3. Association Responsibilities. Thy Association has the responsibility of administering.: "the com~nor% area property; approving the annual budget, and establishing and collecting monthly assessments as defined in Article "~' of the Declaration. ARTICLE IIL MEETING flF LflT OWNERS Section l.. General. The lot owners shall act at a meeting duly called on native in accordance with these By-laws at which a quorum is present. Section 2. Quorum -.Action at Meetings -Adjourned Meetings. At any meeting of the Association, lot owners owning more than a majority of the lots present in person or by prosy, shall constitute a quorum and the concurring vote of a majority of such lot owners present and constituting a quorum shall be valid and binding upon the Association. Loess than a majority of the lot owners are represented at a meeting, a majority of the lot owners so represerned at a meeting may adjourn a meeting from time to tune without further notice. At such adjourned meeting any lousiness maybe transacted which might have been transacted at the meeting originally noted as long as a quorum is present. ~,, Section 3. Organisational Meeting. An organizational meeting shad be held on September 9, 2002 at 7:00 PM at the Cedar Shadows Park area. Officers and Directors shall be elected at this meeting pursuant to the provisions in Article IV of the By-laws. Section 4. Annual Meeting. The annual meeting of the lot owners shall be the first Monday of June at 7:00 PM at the Cedar Shadows Park or at such other location designated by the Board. The purpose of the meeting shall be to elect members oFthe board and transact any ether business as may be appropriate. Section ~. Special Meetings. Special meetings of the Association for any purpose may be called by a majority ofthe board of directors or as requested by a majority ofthe lot owners. Section G, Notice oFMeetings. Written or printed notice stating the place, date and hour of the meeting, and, in the case of a special meeting, the purpose For which the meeting is called, shall be delivered not less than tern (10) nor more than sixty (~0} days prior to the meeting, either personally or by mail to each lot owner. Section 7. Proxies. At all meetings of the lot owners a lot owner may vote by proxy executed in writing by the lot owner or by his duly appointed representative as described in Article II, Section 2. Section 8. Informal Action by Lot Owners. Any action required to betaken at a meeting of the lot owners or any other action which may 6e taken. at a meeting of the lot owners may be taken without a meeting if the consent in writing setting forth the action so taken shall be signed by ail of the lot owners entitled to vote with respect to the subject matter thereof ARTICLE V CIEFICERS A,~T~ DIRECT{JRS Section ~.. Board of Directors. At the initial meeting ofthe Association a Board ofDirectors shall be elected or appointed. The Board shall consist of three (3) members and one shall be appointed as the Chairman. Such election shall be determined 6y a majority vote as set out in Article fII, Section 2. Section 2. Term of Of~rce. Each board member shall serve for a term of one year; although the initial term shall be For only nine {nine) months. Section 3, Powers and Duties. The Board of Directors shall be responsible for the maintenance, upkeep, and repair of the Common property to include the park, parking islands, streets, and curbing. This shall also require the payment oftaxes and utilities and such other expenses as might be required. Section 4. Vacancies of Board of Directors. Any vacancy occurring on the Board may be filled. by the affirmative appointment of the two remaining board members. The newly appointed director shall fill the vacancy for the unexpired term of the vacating director. ~~ £: ~~. Section 5. Meetings ofthe Board_ The Board of Directors shall meet as often as determined by the Chairman but shall meet at least once a year. Notice ofthe time and place shat} be given to the other two directors at least three {3~ days in advance of the meeting. A majority of tt~e Directors shall constitute a quorum. Section 6. C?f-ficers. The Chairman. of the Board of Directors shall also serve as the President of the Association. The President shall then appoint one of the Board members to be Secretary and the other to be Treasurer. The duty of the president is to preside over and conduct all Association and Board meetings. The duty of the Secretary is to record minutes of the meetings and to send out notices of the annual meeting of lot owners or any special meetings. The duty of the Treasurer is to keep the association fZnancial records, to collect assessments, pay bills, and File all required federal, state, and loco] tax returns, and licensing permits. Section "7. Compensation. There shall 6e no compensation of Officers and Directors. taut of pocket expenses, property documented, may be reimbursed by the Association, however. Section S. l:ndemnification. Each Director and Officer of the Association shall be indemnified by the Association against all costs, expenses, amounts of liability thereof incurred in connection with his/her acts as a Director or 4ffcer. Such indemnification shall not apply, however, with respect to any such action, suit or proceedings to have been individually guilty or willful misfeasance or malfeasance in the performance of those duties. _ ARTICLE Yl~ USE C1F C{~NIMON FUNDS Section I. Cheeps. A checking account at a commercial bank shall be kept by the Treasurer. Two signatures by members of the Board shall be required for all disbursements. Section Z. Receipts. All cash received from assessments or any other source shall be deposited into the checking account within three days of receipt. Section 3. Loans. Funds from the Association account shall not be loaned to any individual or organization for any purpose. No loan shall be contracted on behalf of the Association and no evidence of indebtedness shall be issued in its name unless by amendment to the By-laws. Section 4. Savings account. l:fthe balance in the checking account shall exceed ~S,OaC~.~O it may be appropriate to open an interest bearing savings account at a commercial bank or ether financial institution by the resolution of the Board of Directors. Section 5. Access to records. Any lot owner shall have the right to examine the records of the association at any time upon notification to the Treasurer. The Treasurer shall provide access to the records within a reasonable time of such request. Furthermore at each annual meeting the Treasurer shall provide to the lot owners a statement summarizing the activity in the checking account for the prior year. d u' Section 6. Annual returns. An independent accountant shall examine the financial records and prepare the required Federal and State tax returns annually. Such services shall be paid for out of the common fund. Section '7. Fidelity Bond and Liability Insurance. Upon resolution of the Board of Directors a fidelity bond covering individuals handling the funds of the Association may be obtained and paid for out of the common fund. In addition, if it is determined that liability insurance covering the common property is required to insure against risks to the association this also may be obtained upon resolution by the board. ARTICLE VII COMPLIANCE Section L Subordination. These By-laws are subordinate and subject to the provisions of the Declaration, all amendments thereto and to the Oregon Unrt Ownership Law, and in case of any conflict, the latter shall control. Sectioxx 2. Interpretation.. In case any provision of these Sy-laws shall be held invalid, such invalidity shall not render invalid any other provision hereof which shall be given effect. ARTICLE '~'~ WAVER OF NOTICE Whenever any notice is required to be given to a lot owner or a Director, a waiver thereof in writing signed by the person entitled to such notice, whether before or after the time state therein, shall be equivalent to the giving of such notice to that person. ARTICLE I[X ADOPTION OF B'Y-LAWS The undersigned hereby adopt the foregoing on behalf of the Associat,~on as the By-laws of the Florneowners Association of Cedar Shadows Subdivision this ~,~~~.l-1---.day of ~~i , 242. ~~~~~~ ~ f ~~ ./~ Director ~, ~ ~{ ~' e~ ~ o ~ ~~~ ~ cry •~ ti ~ f •~ ~~ ' i 7 ~ G. I ~''V~ S.J ~ ~{} ~ 41 ~(`~~ ~. ~X~T ~~ ! ~~-a~~~r~o ~~~°~-~~~~ ° Dzrector U- ~ ~t~t~`n ~ ~Gm~'S Director ~~ ~ . -tj ~~Qj~.~_ ~`~~ a ~.~ Czty of Central Point .n:~~u~NrN~ .~~~~~~~N~ Toztt Humphrey, AiCi' i'tanning Director ICen Gerscttier Cozrzunity Planner Hiatt Samitare Piaztnixzg Technician. NOTICE OF A1~b:i2ESS ASSIGN1ViENT To: ~~~~ ~~ -City Administrator -,,,-„Building Official _Public Works Director -„File The homeowners association for the Cedar Shadows Planning Directox Planned Unit development has passed a resolution ~_Public Works Supervisor to change the name of the private street within the subdivision Water Department from Cedar Shadows Way to Shadow Way. _Palice Chief ,~,1'acifzc Power and Light Avista Utilities Falcon Cable .____itczgue Disposal ,Bear Creek Valley Sanitary Authority -Past C?ffice ___Jackson County Fire Distxict No. 3 E-91 I ~Medfoxd Information Services „,~,,,IJ,S. West Communications {LOCAL) _U.S. West Communications Address Notification Center „.County Assessor Jackson County Building Department _Ameritztle -Crater 'T`itle ,_,_Jacksor, County Title _„~,,,Key Title 'T`he City of Central Point has created or modified addresses on the attached map. ~~ you should have any questions, please contact me at {541.) 664-332I, extension 291. Sincerely, 1Cen ~erschler Community Planner -~:. 155 South Second Street i Centxal Point, flr 975{32 • {54l} 664-3321 t Fax: {541 664-6384 401 411 415 465 473 +JV~~ VV F~ ~ V f 6~' ' 659 ~___ 655 ~~ 651 ~~ 647 645 __ 637 _..__.._ _._~___-___. ~__».,»; 635 ____ __._ 631 627 615 619 _ _._.._. 623 612 ~ 612 632 V"T 650 656 652 648 644 640 636 628 616 4«~ 'M t E t t 555 #2"t 555 #26 555 #24 555 #22 555 #20 555 #'~ 8 ...~.. 555 #16 555 #14 t 555 #12 ~jj . _.,.....,__. __.-_- __..~.._.... _.__..._ 1 _.~ E ~ "