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HomeMy WebLinkAboutResolution 733 - Twin Creeks Crossing, Phase IIIPLANNING COMMISSION RESOLUTION NO, ~ ~~ A RESOLUTION GRANTING APPROVAL OF A TENTATIVE PLAN APPLICATION TO CREATE A THIRTY FOUR (34) ATTACHED SINGLE FAMILY RESIDENTIAL LOT SUBDNISION KNOWN AS TWIN CREEKS CROSSING, PHASE III Applicant: Twin Creeks Development Ca., LLC (37S 2W 03CB, Tax Lot 6400, 6500 and 7100) {37 2W 03BD, Tax Lots 700 and 800) (37 2W 03BD, Tax Lots 3200 and 3300) File No. 07132 WHEREAS, the applicant has submitted an application for a Tentative Plan approval for the creation of a thirty four (34} attached single family residential subdivision located within the Twin Creeks Master Plan area, and is identified on the Jackson County Assessor's map as 37S 2W 03CB, Tax Lot 6400, 6500 and 7100; 37 2W 03BD, 37 2W 03BD, Tax Lots 700 and 800 Tax Lots 3200 and 3300 , in the City of Central Point, Oregon; and WHEREAS, on August 7, 2007, the Central Point Planning Commission conducted adult'-noticed public hearing on the application, at which time it reviewed the City staff reports and heard testimony and comments on the application; and WHEREAS, the Planning Commission's consideration of the application is based on the standards and criteria applicable to the Tentative Plan requirements - section 16.1.0, Application Review Process -section 17.05; TOD District 17.65, of the Central Point Municipal code; and WHEREAS, the Planning Commission, as part of the Tentative Plan application, has considered and finds per the Staff Report dated August 7, 2007, that adequate findings have been made demonstrating that issuance of the Tentative Plan is consistent with the intent of the TOD-MMR, Medium Mix Residential, zoning district, now, therefore, BE TT RESOLVED, that the City of Central Point Planning Commission, by this Resolution No. ~~.3 does hereby approve the application based on the findings and conclusions of approval as set forth on Exhibit "A ", the Staff Report dated August 7, 2007, which includes attachments, attached hereto by reference and incorporated herein. Planning Commission Resolution No. ~ (08072007} A~SEU b~~ tllt'" Tula ing Co is~-;iorr and signed, by me in autll~ent ic;~rt ic~r r cif its ~rs~~rge this 7tlt day o~ August, 2017. g .. , 'l,~nr~irl~; C:pr~iri,-, ~acna'C,'1r,lar A EST: City Pepresenta ; ~~~~ Approved by e ~-l7is 7th day of August, 2007. .. I'1~~r-~r~~i~~<, i,~ot~r~rri~,°;i~~n ~.1~<ai~ Planning Commission Resolution l`'+io. _._._ ~ _ (08072007) ~ ~ v ' ' ~. ,. ~~ ~~ i~ ~ i! .1 IJ715111e1~t101~ {)1 3. l~Ca).t?t1Ve 1'l~~zl ~zl7~~lar.ztzt~zz Io ['!'eiilC ii l 'i i~ ~ ~ ~!~ ~' I,:I)]lill` it,)i ~. i i ~~~t, ;z~3)711(.~i.IIC)) ioG~;`3) u.i ~.f l'tiJll L-i"CL',11S ~~~TO`s.illl~. t 1~1,`ii' ~)1 ifi ~L{? I131'j~?C'Y' O li' O~L.`i {)- i'i(}., OJ. ~>1__ (1 1 c))It[ i'si~ Ot Tt~'iz1 C~'t,eh_s C.-ros~;it~~~9 lYhase Il (1 ilc~ ~c>. it{)'l.`:;). ~l7)+~ ;t~l;~jc°c;i. )art)l~)criic~, r!)~c~ iax,~~i{:al ti~'iilai!) iuC; ~I t)ll . 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CC1] ~ ~ _)]11e~i ~Y-e a)~g~z~oxhzz~),tely :~.;~~t3 ~z~ a es; c1T1(~ 4'~'%7'C: ('.t'Cc1~c;Cl t4["!d i!~)~71oS eCl t).~i 1)~3,)'I; l}~ "«ii~ C)•eel~s <'a°c)ssiz~~, 1'}~~z5c~ .I1 i•1)~G%1 )~I~~ (l~'i1c~'~Io, {~~()'7S~ u~lth the tzr~clez•sta,~di~ tla<a ll~~y w~zulu ~~ :i->_z)•tla~.~- si?l)cjiviclcc i)a the fizt~xr, t'~t tl-ais izzze the al~l~liearlt is reyuestirzb 10 stzl)cli~~ide th.e sizbjeet pz~ope~•ties to ct•eatc; 3,? attachc,cl si~gle~-i~~znily lots i:c)z7~is(.ezat ~,~~i.th the hf~stez• I'I ~.z~ azid the T4~~- T4-~~1I~9 I~~ecliuzz:~ lv~i~ Resiclezlt%~] zoning c?.e5zz~i~~iioal. ~l•he suhjeei i7ro~?c~rties ire %c:lea~ti 4i.ecl ia~ l~ iz_>taz•c 1 arld t1.31, I~z°oi~~sd y1' 5 ~~)c 4~y1~1~~ S~ ~~SV~~~. ~1~ L~.~Lf~.V~,~Al11Vit~ G4 /4, R's+ ~~ ,~ ~_ .~: y~+ s: . E:~ s 9GG+: ~:.~ ,.. ,Frveu~o t'rvm ~ I . ~> {' ~r 4 ~~ .. ~~ ~~~ ,~~ ~~ ;~ ' . u . „xb k .. .~,.. ra , .~. eas 5~£# d@F j Within the Twin Creeks development there is a total of 27.6 acres designated for MMR development. (Refer to Attachment "B") Approximately 53% ofproperties (14.57 acres) have been final platted, with the remaining 47%, including this proposed Tentative Plan and two (2} other properties, currently vacant to be developed in the future under separate applications. 1n addition to the Project Site the remaining vacant MMR properties include: Lot 1 of Twin Creeks Crossing, Phase 1(4.41 acres), and Parcel 3 (P- 116-2006) at 5.26 acres. Density, Lot Area and C©verage: The guiding criteria for evaluation of this application are the approved Twin Creeks Master Plan and the lot density and area requirements for TOD -Medium Mix Residential zoning district regulations. 1n reviewing the activity of the Medium Mix Residential zoning and the Twin Creeks Master Plan, the following has been determined. • The minimum density requirement in the MMR district is 14 units per net acre. When applied to the 27.6 acres of MMR designated property within the Twin Creek development a minimum of 386 units are required. The maximum allowable density is 32 units per acre, for 883 units. • Approxima#ely 14.57 acres have been previously approved yielding 170 units. This represents a density of 12 units per acre, which is below the average minimum density required by the master plan and the MMR district. Ta meet the minimum density'requireinents it is necessary that future MMR development must exceed the required minimum density. • The proposed Tentative Plan involves 3.36 acres with a unit yield of 34, for a density of 10 units per acre. • Pending approval of this application the developed acreage (17.93 acres} with a lot yield of 204 units, results in an average density of 11.4 units per acre, which is below the minimum required 14 units per acre. • After this application there remains 9.67 net acres of MMR property. To remain compliant with the Master Plan, and the minimum required density of 14 units per acre, it is necessary that the remaining MMR acreage be developed at a density of 18.8 units per acre (182 units), for a minimum total of 386 units. The applicant and agent are aware and have agreed to a condition that requires a minimum density of 18.8 units per acre for the remaining 9.67 acres. (Refer to Attachment "F"). • The lots proposed are consistent with the Lot Area requirements.l + Lot coverage2 will be verified during individual building permit reviews. FINDING: Attachment "G" ' CPMG 17.65.05©, Table 2 z CPMG 17.65.050, Table 2 Page 2 of 3 ISSUES: As noted above the management of minimum density requirements needs to be acknowledged. Because of the master plan approach to development of Twin Creeks all MMR properties were collectively calculated for purposes of complying with minimum density requirements of the MMR district. Individual parcels of MMR property could be developed at lesser densities, provided that upon completion of development of all MMR parcels a minimum density of 14 units per acre has been attained. This issue has been noted in this Staff Report, and the applicant has acknowledged that future phases of the MMR development must meet minimum density standards of 18.$ units per net acre. CONDITIONS OF APPROVAL: 1. Applicant shall create a recorded deed restriction on Lot 1 of Twin Creeks Crossing, Phase I and Parcel 3 created under a partition (P-11 ~-2006} that stating that each parcel shall achieve a minimum net density of I8.S acres per net acre. Recorded copies of the deed restrictions shall accompany the final Plat application. EXHIBITS/ATTACHMENTS: Attachment "A" _ Tentative Plan Attachment "B" -Twin Creeks Master Plan Land Use Map Attachment "C" -Public Works Memo Attachment "D" -Building Department Staff Report Attachment "E"- Jackson County Roads Comments Attachment "F"- Applicant/Agent Correspondence Attachment "G" -Findings Attachment "H" -Proposed Resolution ACTION: Consideration of a Tentative Plan application to create thirty four (34} attached single family residential lots. RECOMMENDATION: Approve Resolution ,approving the Tentative Plan far Twin Creeks Crossing, Phase III, based on the Staff Report dated August 7, 2007 which includes attachments, attached hereto by reference and incorporated herein. Page 3 of 3 ~, ~ ' ~ o '' / \ .~ \ . ~~ o• °' \ ~\ ~ / / / `~, / r o• / r~N rA rr vE FLAN ~'~ ~ / ~ / / :~~ ~ ~ ' TWfN CREEKS CROSSfNG> PHASE f11 Y \ /' of ryy / / /' ry° / SS e' t- ~ /' o rePiot of \ fn\ \/\ / 6 \ ' `A \ of / \ ' ~ ~' ~ \ o / / h / LOFS 65. 66. 67 $2. $S. $8. 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A,~ J3,~?~ ~r h A U C r\ °~ / / ~~" 0`'30° ~, ~'• oo ~ l ~' <. °ARx ~ry 5°y` ~ ~ ~. ~ r ~3 } ti" ~ \YiC\\\ ~0 1~ \ \ ~l s J YYCC~~11 a 1 \ LCi ttZ ; i SH9'it'36-r, 147.51 ? rs '9. \?~i/~c 00 ` ~ ~V~ " \ •~ 53.00 a3.CR <8.C0 73.31 ~ J 0.~~ ~ v ~ }~ }~ / ~ G~ :ot ;5a a Y _ ~ ~F 9s ° ~ '.~~~ ~~\ \\~, 5:+-ve7eC by .^~ ~~ o„ •` 1i ' " n ~ ~ m ~ ~ ~ '~ F .. ~ ~ '/ ~~~ ° ~~ \\ eba FA f4AER SUR1rEYfNC ....... _- ~ " I IoJ `•- - ~. W E ° r \ n7 \ 6S~ 390} ~ \\ / ~.r '~' (841) BS4-6899 LCD tt3 (\ r ~ 50}~ ~~ xeb15TL'RI:D ~\ P;, ~vA' $26d ~ ~' `....w. s _ k!;, v ~ ! X / J FROFE:SSiO:IAL \ G,31 G`AK 57REE -.-- --~ ss-oD 4s.w •s ~ 4 ez i / \ LAND fiURVIY4R wI r 589 a1 ~6w IX i res.b.a I• I ~ \ :`TRAL ?Ct,V F, OR_.,Cr: 9:502 o I ~~ ~~~ t ~ \ SCALE: " ^ 3C' ' t _.~il~ '~ MORF6bO~5 ~ 5C' 0' SU' :v~~ may.. ~' L KAe£R Z1~g.iiF£4 ~ ~\\ OA?': .r''VF ifi. 700; P.[NFWAL Oa7E 17-31-9v \~ OFAWNG 1'rLE: .09S~CEN 7RAL A4w 1\rN".N CREEKS LLC~,`rE1GN$ORrT0005\ .55SESSCR$ M1'AP F'CF, h'0. 37 11Y 03C6 ~L 6400.6$CD,7100, 37 1w 07Cti 7GC, 860, 37 1W 03H0 R_ 3ZCC, SSCO SflQOf 1 Qf 1 \\ 71NV CREEXS CROSSrVG I'.\AYCMb SUAVFY~EC [f::_PPEI: k: NAF+' F!NA~ R,a ~. ['•L'~ !' ATTACHMENT "~" _ ~\ ~` ::.~ `\ n~ ~:: . v, i ~ ~ Y F • _, t1 - i S~ ~J ~ z I f ~ _ f 1 ~1 ~ t ([rte}. ~1 ~:1 - E[( - _ _ )i ..,.r ( 1 ' 1 __ ~- W _~ ~ l .._Lj I+~ ~_~_ F 3 ~~a bQ ~~ ~~'go ~ 8 ' / rxvELa~+ceR1 sux[WJ2Y ~ ~~ Ersgn~oy~*+an1/ComnxruoE (EC}; 4.2 acres (1.BX) IG9h Rs~x Rcs~6./Comm (}l VAR): l9.8 a[ros {8.6T.) Mwn) (650 s 594 nnils d 30 u/n m;n+mum ~~ ^ ~~~ 1rc~um uEx Res4enGo1 [N4R): 27.6 aerie (32-0XS ` ~ ~ - 44t un44s @ 16 e/a m~nimtnn {457 mown) f I Low 4~i% RCsidmlial (L1<R): 6+.4 attes (2E.75) .. _._.... 368 ands A 5 u/e minimum (368 ahwrn) i Open SVroce (VS): 48.7 arcs {2r.OR} Gvk (C): 36.3 acres (7.35) R~ghls oV Way: Sk! ocros (72.85) Total Site Area: 230 Aces (1005) s403 VnBS minimum (1475 shown) \\ \\ `lf~ . SI. ~ • 1 ~~ ' C[: Ili ,~~c C ~ ~ 311 ~ '1 ~ i ~ r s ~ ~ ! , • ~ r ~ . t. . -~; ~' i {:, I.; r tl 't~ -.sue ~ ~ f7 i '.. 1 l1 i 1 ' ~ 1 ~ ,~ i .r P .; >.?i'~ rain l:.lhelzi[ 1S. l.n+r[! 11.cr Plu[r Page 1 of 1 ~TTA~HMENT ". ~ " Lisa Morgan From: Matt Sarr~itore Sent: Thursday, July 45, 2007 3:42 PM To: Lisa Morgan Subject: win Creeks Crossing Phase I{ nd West Valley Congregation of Jehovah's Witnesss Attachments: Tod triggers.xls Lisa, Public Works has no comments on either project. They are both considered development in-fill. They were planned as part of the original subdivisions and all utilities and services have already been stubbed to the properties. The TOD triggers are stiff{ not met. I've attached an updated table for you. Matt Samitore ParkslRecreation and Development Services Manager City of Central Point Parks and Public Works Departments (541) 864-3321, ext. 205 ATTACHMENT' "_ ~_ _..r.." ~.~ City of Central Point, Oregon ~~ Building Department _... _ _ ~ 340 5o.Third 5t., Central Point, Or 97502 L~N~~~ Lois DeBenedeiti, Buildin Official 541.664.3321 Fax 541.664.6384 ~O~N~ DATE: 07~10~07 TO: Planning Department Planning f le: FROM: Building Department SIJBJ~CT: Twin Creeks Crossing, Phase III Name: TCC Dev. Co. Address: P.O. Sox 3577 City: C.P. State:Or. Zip Code: 97542 Property Description: See Attached PURPOSE: The staff report is to provide information to the Planning Commission and the Applicant regarding City Building Department requirements and conditions to be included in the design and development oI'the proposed project. This is not a plan review. This report is preliminary and compiled solely for use by the Central Point Planning Commission. www.ti.central-pal nt.or.us BU~I~DING DEPAIZ.T1VlENT STAFF REPORT 1 CEty of Central Point, Oregon Building Department 14p So.Third St., Central Point,C}r 97502 ~~~T~L Lois 1JeBenedetti, Building Official 541.664.332.1 Fax 5x1.664.6384 PC~~NT www.ci.central-poi ntor.us BU~EDING DEPARTMENT COMIV~EN'J'S: l . Applicant, agent and contractors must comply with all current State of Oregon adopted codes, and apply for all permits through the Central Point Building Department. 2. ~f a private storm drain system is proposed it must be reviewed and a permit issued by the Central Paint Plumbing Department. 3. Any private street lighting must be reviewed and permitted by the Central Point Electrical Department. 4. Provide the building department with a Geotechnical report as required by OSSC Appendix J and chapter 18 of the OSSC. A written report of the investigation shall include, but need not be limited to, the following information: a. A plot plan showing the location of all test borings and/or excavations. b. Descriptions and classifications of the materials encountered. c. Elevations of the water table, if encountered. d. recommendations for foundation type and design criteria, including bearing capacity, provisions to mitigate the effects of expansive soils, provisions to mitigate the effects of liquefaction and soil strength, and the effects of adjacent loads. e. When expansive soils are present, special provisions shall be provided in the foundation design and construction to safeguard against damage due to expansiveness. Said design shall be based on geotechnical recommendations. 5. Grading/excavation permits are required in accordance with OSSC Appendix J and chapter 1$ and regarding any fill material placed on the site. l~ ills to be used to support the foundation of any building or structure sha11 be placed in accordance with accepted engineering practices. A soil investigation report, and a report of satisfactory placement of fill (including special inspections ofplacement of fill and compaction} acceptable to the Building Official, shall be submitted prior to final of the grading/excavation permit. Building permits will not be issued until grading/excavation permit is approved and finalled. Exception: l . The upper 1.5 foot of fill placed outside of public rights-off way. 2. Tlae upper 1.5 foot of fill that does not underlie buildings, structures, or vehicular access ways oz• parking areas. 2 City of Cents! Point, C}regon Building Department 144 So.Third St., Central POjnc,Or 97502 ~~l V~~l,/"'-L Lois DeBenedetti, Building Official 541.664.3321 fax 541.664.6384 ~O'i ~ l www.[i.t~ntral-poi nfi.or.us 6. To move or demolish any existing structures located on the property call the Building Department for permit requirements. 7. Notify the City Building Departrrient of any existing wells, or septic systems located on the property. $. Any development (any man-made change) to improved or unimproved real estate located within the flood hazard area of the City of Central Point shall require a Development Permit as set forth in the Central Point Municipal Code $.24.120. 9. Dust control, erosion control, and track out eliminations procedures must be implemented. 10. Application for building permits will require three sets of complete plans indicating compliance with Oregon Residential Specialty Code (2005}. 11. Fire District 3 will determine f re hydrant location, as well as access to buildings. Any changes proposed shall be submitted in writing by the Applicant, or Applicant's contractor to the Building Department for approval prior to start of work. Respectfully, Todd Meador Plans Examiner (664-3321-ext. 228) 3 :~-_, '1. ?,~~ ~ ~:- ~?~ ~~_ ~i~,~~K~0i~~i i;f~Uf~~~iT`r~ PO~,~€~ E~.,.. ,.4, r=,µ~ -~T ,~,~°~-~~ N « ~, ;=~~_~ ~ij ~~~`fiAGHME ~' JACKSON COUNTY Roans July 1 D, ZOQ7 Roads uric lieme}•+:r, PE Trgff c & bcy~elopnreird Ei:ginc~r 269 Anlrlvps Road wr~aa crty, o~ a75o:i Phone:(549)774-6230 Fax: [641 } 77452£15 nlan3eyal~f eckenncounry.arg tw.~w.jecksoncnu nty. org Attention: Lisa Morgan ity ofi~~l-(~oinfP1anning 144 Sou#h Third Street .Central Point, OR 97502 RE: 5ubc~ivision off North Haskell Street - acity-maintained road. Planning Fife: OT132. Dear Lisa: Thank you for the c~pporkunity to cornmel~t on this application for Twin Creeks Grossing, Phase III. Roads has no comment. Sincerely, . ~~~~ E=ric Niemeyer, PE Traffic ~ Development Engineer I'1~nyineeringlDPVelopmentlCl7i~51CN7r~l.f'T1~17'f 37_.w~d ATTACHMENT " ~ " ~~ SURV EYINGF • FARBER & SONS, 1NC. + POST" OFFICE BOX 5286 + C~N7~RAL POINT, OR 97602 • • OFFICE • 431 OAK S7`REE7' • CEN7~RAL PO1NT • City of Central Point Planning 140 South third Street Central Point, OR 97502 To Whom It May Concern; This letter is to address recent density concez-ns in the MMR zoning district in the Twin Creeks Development. Attached is an application for Twin Creeks Crossing, Phase III, a repeat of Lots 65, 66, 67, 82, 85, 86, and 88 of twin creeks Crossing Please IL The Subdivision of the these lots along with the construction of Apartments on Lot 1 of Twi~z Creeks Crossing, Phase I and Parcel 3 of Partition, Plat P-116-2006, will increase the density to meet tl~e standards of the MMR Zoning. We hereby stipulate this condition of approval and are willing to put deed restriction oz~ said Lot 1 azad Parcel 3. incerely Herbert A, Farber • HERBERT A. FARBER PRESIDENTI SURVEYOR • SUSAN M. FARBER BUSINESS MANAGER• PHONE: 549-664-5599 • FAx.~ 549-664-6603 Firstlings of Fact ATTACHMENT " ~ And Conclusions of Law Tentative Plan Review Application City File No. 071.32 Applicant: Twin Creeks Development, LLC Agent: Herb Farber -- Farber Surveying INTRODUCTION In the Matter of a Type III Tentative Plan Review for the creation of a thirty four {34} attached single family lot subdivision known as Twin Creeks Crossing, Phase III, located within the TOD-MMR, Medium Mix Residential zoning district and identified on the Jackson County Assessor's map as 37 2W 03CB Tax Lots 6400, b500 and 7100; & 37 2W 03CA, Tax Lots 700 and 500.. Also identified as part of the Twin Creeks Master Plan area, Central Point, OR 97502 16.10.010 Su6missian of application-Filing fee. The applicant shall submit an application and tentative plan together with improvement plans and other supplementary material as may be required to indicate the development plan and shall submit ten copies to the city together with a frlingfee defined in the city's adopted planning application fee schedule. The diagrams submitted shall consist of ten copies at the scale specified in Section 16.IO.OZO and one copy in an eight- and-one-half-inch by eleven-inch format. Finding: All information required to deem the application complete far processing has been submitted. Conclusion: The criterion has been met. 16.IO.OIS Applrcatratr and review-Fees. Applications and review thereof shall conform to the provisions of Chapter 17.05 and all applicable city ordinances and laws of the state. All costs of admfnistrative and legal staff time costs, plans checks, construction inspection, preparation of agreements, in excess of the filing fee, shall be borne by the applicant and paid upon billing by city. Failure to pay such costs as billed shall constitute grounds for denial off nal plat approval or building permits. 16.10.0.20 Scale. The tentative plan shall be drawn on a sheet eighteen by twenty four inches in size ar a multiple thereof at a scale of one inch equals one hundred feet or, far areas over one hundred acres, one inch equals two hundred feet, and shall be clearly and legibly reproduced. 16.10.030 General information. The following general information shall be shown on or included with the tentative plan: Twin Creeks Xing Ph IIl Tentative Plan Findings 07132 -Page 1 of 13 A. Proposed name of the subdivision. This name must not duplicate or resemble the name of another subdivision in the county; B. Date, northpoint, and scale of drawing; C. Location of the subdivision by section, township, and range, and a legal description sufficient to define the location and boundaries of the proposed tract or the tract designation or other description according to the records of the county assessor; D. Names and addresses of the owner or owners, applicant and engineer ar surveyor; E. A title report indicating all interests of record in the property which is the subject of the application. 16..10.040 Existing conditions The following existing conditions shall be shown on the tentative plan: A. The location, widths and names of all existing or platted streets or other public ways within or adjacent to the tract, easements, railroad rights-of--way and such other important features within or adjacent to the tract as may be required by the city; B. Contour lines related to some established bench mark or other datum as approved by the city when the city determines that the nature of the topography or size of the subdivision requires such data. Contour lines shall have the following minimum intervals: 1. Two foot contour intervals for ground slopes less than five percent; 2. Five foot contour intervals for ground slopes exceeding five percent; C The location of at least one temporary bench mark within the plat boundaries; D. Location and direction of all watercourses and drainage systems; E. Natural features, such as rock outcroppings, marshes and wooded areas; F. Existing uses of the property, including location of all existing structures which the subdivider proposes to leave on the property after platting; G. The location within the subdivision and in the adjoining streets and property of existing sewers and water mains, culverts and drain pipes, and all other existing or proposed utilities to be used on the property to be subdivided and invert elevations of sewers at points of probable connections; H. Zoning an and adjacent to the tract. I6.I0.050 Additional information. The following additional information shall also be included on the tentative plan: A. Streets, showing location, width, proposed names, approximate grades and approximate radii of curves and the relationship of all streets to any projected streets as shown of any development plan adopted by the city; B. Easements, showing the width and purpose; C. Lots, showing approximate dimensions, area of smallest lot or lots and utility easements and building setback lines to be proposed, if any; D. Sites, if any, proposed for purposes other than dwellings; E. Area in square footage of each lot and the average lot area. Finding: The applicant and/or agent have provided all the necessary information to process the Tentative Plan application. Canclusian: The requirements relevant to this application have been met. Trnrin Creeks Xing Ph lII Tentative Plan Findings 07132 -Page 2 of 13 16.10.060 Partial development. When the property to be subdivided contains only part of the tract awned or controlled by the applicant, the city may require a development plan of a layout for streets, numbered lots, blocks, phases of development, and other improvements in the undivided portion, indicating inter-relationship with the portion sought to be divided. The city shall have authority to require that any adjacent parcel or parcels owned or controlled by the applicant but not included in the proposed subdivision boundaries be included in the development whenever inclusion of such parcel or parcels would be an appropriate extension of the development and in the best interests of the public, considering the development plan and the relationship between the surrounding area and the area of proposed development. Finding: NIA. Conclusion: NIA 1 b.10.07"0 Explanatory information. Any of the following information may be required by the city and if it cannot be shown practicably on the tentative plan, it shall be submitted in separate statements accompanying the tentative plan: A. A vicinity map showing all existing subdivisions, streets and unsubdivided land ownerships adjacent to the proposed subdivision and showing how proposed streets may be connected to existing streets; Finding: The applicant has included existing subdivisions and unsubdivided land with their proposed tentative plan. Finding: The applicant has identified all proposed streets and their respective classifications as part of the original Master Plan approval. Conclusion: The applicant has met this criterion. B. Proposed deed restrictions in outline form; C. Approximate centerline prof les showing the proposed finished grade of all streets, including the extensions for a reasonable distance beyond the limits of the proposed subdivision; ~. The approximate location and size of all proposed and existing water and sewer lines and storm drainage systems. Finding; This information has been provided in civil drawings in accordance with Public Works Standards for approval with the Master Plan. Conclusion: This criterion has been met. 16.10.080 Tentative plan approval. Approval of the tentative plan shall not constitute final acceptance of the final plat of the proposed subdivision or partition for recording; however, approval of the tentative Twin Creeks Xing Ph III Tentative Plan Findings 07132 -Page 3 of 13 plan shall be binding upon city for the purpose of the approval of the final plat if the final plat is insubstantial compliance with the tentative plan and any conditions of approval thereof. The action of the council in approving the tentative plan shall be noted on two copies thereof, including reference to any attached documents describing any conditions. One copy of the tentative plan shall be returned to the applicant and the other retained in the city fries with a memorandum setting forth the action of the council. 16.10.090 Conditions on tentative plan approval. The city may attach to any tentative plan approval given under this chapter specifrc conditions deemed necessary in the interests of the public health, safety or welfare, including but not limited to the following.• A. Construction and installation of any on-site or off-site improvements, including but not limited to sidewalks, curbs, gutters, streets, street signs and street lights, traffic control signs and signals, water, storm drainage, sanitary sewer, and park and recreation improvements. In requiring off-site improvements, the city shall find that said improvements are reasonably related to the development and would serve a public purpose such as mitigating negative impacts of the proposed development. All improvements required under this subsection shall be made at the expense of the applicant, and shall conform to the provisions of the Standard Specifications and Uniform Standard Details for Public Works Construction in the City of Central Point, Oregon, however, the city, in its discretion, may modify such standards and determine site-specifrc design, engineering and construction specifications when appropriate in the particular development; B. An agreement by the owner of the property to waive, an his or her behalf, and an behalf of all future owners of the land, any objection to the formation of a local improvement district which may be formed in the future to provide any of the improvements specified in subsection A of this section; C. An agreement by the owner of the property to enter into a written deferred improvement agreement, providing that one or more of the improvements specified in subsection A of this section shall be made by the owner at same future time to be determined by the city; D. Any agreement entered into pursuant to subsections B or C of this section shall be recorded in the county recorder's office and shall be intended to thereafter run with the land, so as to bind future owners of the lands affected. Any and all retarding costs shall be borne by the applicant; E. Any other conditions deemed by the city to be reasonable and necessary in the interests of the public health, safety or welfare. Finding: These requirements are continuously monitored as development occurs within the Master Plan area. Conclusion: The applicant has met this criterion. 17.05.400 Type III procedure (quasi judicial). A. Pre-Application Conference. Apre-application conference is required for all Type III applications. The requirements and procedures for apre-application conference are described in Section 17.05.600(C). B. Application Requirements. Twin Creeks Xing Ph 111 Tentative Plan Findings 07132 -Page 4 of 13 1. Application Forms. Type III applications shall be made an forms provided by the community development director or designee; however, if a Type II application is referred to a Type III hearing, either voluntarily by the applicant or staff, or upon appeal, no new application is required 2. Submittal .Information. When a Type III application is required, it shall: a. Include the information requested on the application farm; b. Be filed with one copy of a narrative statement that explains haw the application satisfies each and all of the relevant criteria and standards in suffrcient detail for review and decision-making. Note; additional information may be required under the specific applicable regulationsfor each approval as referenced in Table 17.05.1; c. Be accompanied by the required fee; and d. Include one set ofpre-addressed mailing labels for all real property owners of record who will receive a notice of the application as required in Sections 17.05.400(C)(1)(a)(i), (ii), (iv) and (v). The records of the Jackson County assessor's office are the official retards for determining ownership. The applicant shall produce the notice list using the mast Current Jackson County assessor's real property assessment records to produce the notice list. The city shall mail the notice of application. C. Notice of Hearing. 1. Mailed Notice. The city shall mail the notice of the Type .III action. The records of the Jackson County assessor's office shall be the official records for determining ownership. Notice of a Type III application hearing or Type II appeal hearing shall be given by the community development director or designee in the following manner: a. At least twenty days before the hearing date, notice shall be mailed to: i. The applicant and all owners or contract purchasers of record of the property that is the subject of the application; ii. All property owners of record within I00 feet of the site; iii. Any governmental agency that is entitled to notice under an intergovernmental agreement entered into with the city. The city may notify other affected agencies. The city shall notify the road authority, and rail authority and owner when there is a proposed development abutting or affecting their transportation facility and allow the agency to review, comment on, and suggest conditions of approval for the application. iv. Owners of airports in the vicinity shall be natifred of a proposed zone change in accordance with ORS 227.175; v. Any neighborhood or community organization recognized by the city council and whose boundaries include the property proposed for development; vi. Any person who submits a written request to receive notice; vii. For appeals, the appellant and all persons who provided testimony in the original decision; and viii. For a land use district change affecting a manufactured home or mobile home park, all mailing addresses within the par1~ in accordance with ORS 227.175. b. The community development director or designee shall prepare an affidavit of notice and the affidavit shall be made a part of the ftle. The affidavit shall state the date that the notice was mailed to the persons who were sent notice. c. At least fourteen business days Before the hearing, notice of the hearing shall be printed in a newspaper of general circulation in the city as well as on the city's Twin Creeks Xing Ph III Tentative PIan I"iz~dings 07132 -Page 5 of 13 website. The newspaper's affidavit of publication of the notice sha118e made part of the administrative record. 2. Content of Notice. Notice of appeal of a Type II administrative decision or notice of a Type III hearing to be mailed and published per subsection (C) (l) of this section shall contain the following information: a. The nature of the application and the proposed land use or uses that could he authorized for the property; b. The applicable criteria and standards from the development code(s) that apply to the application; c. The street address or other easily understood geographical reference to the subject property; d. The date, time, and location of the public hearing; e. A statement that the failure to raise an issue in person, or in writing at the hearing, or failure to provide statements or evidence sufficient to afford the decision- maker an opportunity to respond to the issue, means that an appeal based on that issue cannot be raised at the State Land Use Board of Appeals; f. The name of a city representative to contact and the telephone number where additional information on the application may be obtained; g. A statement that a copy of the application, all documents and evidence submitted by or for the applicant, and the applicable criteria and standards can be reviewed at city of Central Point City Hall at no cost and that copies shall be provided at a reasonable cost; h. A statement that a copy of the city's staff report and recommendation to the hearings body shall be available for review at no cost at least seven days before the hearing, and that a copy shall be provided on request at a reasonable cost; i. A general explanation of the requirements to su&mit testimony, and the procedure for conducting public hearings; and j. The following notice: "Notice to mortgagee, lien holder, vendor, ar seller: The City of Central Point Land Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser. " D. Conduct of the Public Hearing. 1. At the commencement of the hearing, the hearings body shall state to those in attendance: a. The applicable approval criteria and standards that apply to the application or appeal; b. A statement that testimony and evidence shall be directed at the approval criteria described in the staff report, or other criteria in the comprehensive plan or land use regulations that the person testifying believes to apply to the decision; c. A statement that failure to raise an issue with sufficient detail to give the hearings body and the parties an opportunity to respond to the issue means that no appeal may be made to the State Land Use Board of Appeals on that issue; d. Before the conclusion of the initial evidentiary hearing, any participant may ask the planning commission for an opportunity to present additional relevant evidence or testimony that is within the scope of the hearing. The hearings body shall grant the request by scheduling a date to finish the hearing (a "continuance') per subsection (D)(2) of this section, or by leaving the record open for additional written evidence or testimony per subsection (D) (3) of this section. Twin Creeks Xing Ph III Tentative Ilan Findings 07132 -Page 6 of I3 2. If the planning commission grants a continuunce, the completion of the hearing shall be continued to a date, time, and place at least seven days after the date of the frrst evidentiary hearing. An opportunity shall be provided at the second hearing fc~r persons to present and respond to new written evidence and oral testimony. If new written evidence is submitted at the second hearing, any person may request, before the conclusion of the second hearing, that the record be left open for at least seven days, so that they can submit additional written evidence or testimony in response to the new written evidence; 3. If the planning commission leaves the record open for additional written evidence or testimony, the record shall be left open for at least seven days after the hearing. Any participant may ask the city in writing for an opportunity to respond to new evidence submitted during the period that the record was left open. If such a request is fried, the planning commission shall reopen the record to allow rebuttal evidence. a. If the planning commission reopens the record to admit new evidence or testimony, any person may raise new issues that relate to that new evidence or testimony; b. An extension of the hearing or record granted pursuant to subsection D of this section is subject to the limitations of ORS 227.178 ("one-hundred-twenty-day rule'), unless the continuance or extension is requested or agreed to by the applicant; c. If requested by the applicant, the city shall allow the applicant at least seven days after the retard is closed to all other persons to submit final written arguments in support of the application, unless the applicant expressly waives this right. The applicant's final submittal shall be part of the record but shall not include any new evidence; d. The record shall contain all testimony and evidence that is submitted to the city and that the hearings body has not rejected; e. In making its decision, the hearings body may take official notice of facts not in the hearing record (e.g., local, state, or federal regulations; previous city decisions; case law; staff reports). The review authority must announce its intention to take notice of such facts in its deliberations, and allow persons who previously participated in the hearing to request the hearing record be reopened, if necessary, to present evidence concerning the noticed facts; f. The city shall retain custody of the record until the city issues a frnal decision and all appeal deadlines have passed. 4. Participants in an appeal of a Type II administrative decision or participants in a Type III hearing are entitled to an impartial review authority as free from potential conflicts of interest and pre-hearing ex parts contacts (see subsection (D) (6) of this section) as reasonably possible. However, the public has a countervailing right of free access to public officials. Therefore: a. At the beginning of the public hearing, hearings body members shall disclose the substance of any pre-hearing ex parts contacts (as defined in subsection (D)(S) of this section) concerning the application or appeal. He ar she shall also state whether the contact has impaired their impartiality or their ability to vote on the matter and shall participate or abstain accordingly. Hearing participants shall be entitled to question hearing body members as to ex parts contacts and to abject to their participation as provided in subsection (D)(S)(b) of this section; b. A member of the hearings body shall not participate in any proceeding in which they, or any of the following, has a direct or substantial financial interest.• their spouse, brother, sister, child, parent, father-in-law, mother-in-law, partner, any business Twin Creeks Xing Ph III Tentative Plan Findings 07132 -Page 7 of 13 in which they are then serving or have served within the previous two years, or any business with which they are negotiating for or have an arrangement or understanding concerning prospective partnership or employment. Any actual or potential interest shall be disclosed at the hearing where the action is being taken; c. Disqualification of a member of the hearings body due to contacts or conflict may be ordered by a majority of the members present and voting. The person who is the subject of the motion may not vote on the motion to disqualify; d. If all members of the planning commission abstain or are disqualified, the city council shall be the hearing body. If all members of the city council abstain or are disqualified, a quorum of those members present who declare their reasons for abstention or disqualification shall be requalified to ma1cE a decision; e. Any member of the public may raise conflict of interest issues prior to or during the hearing, to which the member of the hearings body shall reply in accordance with this section. 5. Ex Porte Communications. a. Members of the hearings body shall not: i. Communicate directly or indirectly with any applicant, appellant, other party to the proceedings, or representative of a parry about any issue involved in a hearing without giving notice per subsection C of this section; ii. Take offacial native of any communication, report, or other materials outside the record prepared by the proponents or opponents in connection with the particular case, unless all participants are given the opportunity to respond to the noticed materials. b. No decision or action of the hearings body shall be invalid due to ex pane contacts or bias resulting from ex pane contacts, if the person receiving contact.' i. Places in the record the substance of any written or oral ex pane communications concerning the decision ar action; and ii. Makes a public announcement of the content of the communication and of all participants' right to dispute the substance of the communication made. This announcement shall be made at the first hearing following the communication during which action shall be considered or taken on the subject of the communication. c. A communication between city staff and the hearings body is not considered an ex pane contact. 6. Presenting and Receiving Evidence. a. The hearings body may set reasonable time limits for oral presentations and may Limit or exclude cumulative, repetitious, irrelevant or personally derogatory testimony or evidence; b. No oral testimony shall be accepted after the close of the public hearing. Written testimony may be received after the close of the public hearing only as provided in subsection (D)(3) of this section; c. Members of the hearings body may visit the property and the surrounding area, and may use information obtained during the site visit to support their decision, if the information relied upon is disclosed at the beginning of the hearing and an opportunity is provided to dispute the evidence under subsection (D)(5)(h) of this section. E. The Decision Process. 1. Basis far Decision. Approval or denial of a Type II administrative appeal or of a Type III application shall be based on standards and criteria in the development code. The standards and criteria shall relate approval or denial of a discretionary Twin Creeks Xing Ph III Tentative Plan Findings 07132 -Page 8 of 13 development permit application to the development regulations and, when appropriate, to the comprehensive plan for the area in which the development would occur and to the development regulations and comprehensive plan for the city as a whole; 2. Findings and Conclusions. Approval or denial shall he haled upon the criteria and standards considered relevant to the decision. The written decision shall explain the relevant criteria and standards, state the facts relied upon in rendering the decision, and justify the decision according to the criteria, standards, and facts; 3. Form of Decision. The planning commission shall issue a final written order containing the findings and conclusions stated in subsection (E)(2) of this section, which either approves, denies, or approves with specific conditions. The planning commission may also issue appropriate intermediate rulings when more than one permit or decision is required. If the application is for a quasi judicial zone change, the planning commission shall issue a denial as a final written order. However, if the planning commission decides in favor of the zone change, it shall issue written recommendation to the city council, which shall hold a hearing and adopt either an order denying the zone change or an ordinance approving the zone change. 4. Decision-Making Time Limits. A final order for any Type II administrative appeal or Type III action shall be filed with the community development director or designee within ten business days after the close of the deliberation; 5. Notice of Decision. Written notice of a Type II administrative appeal decision or a Type III decision shall be mailed to the applicant and to all participants of record within ten business days after the hearings body decision. Failure of any person to receive mailed notice shall not invalidate the decision; provided, that a good faith attempt was made to mail the notice. 6. Final Decision and Effective Date. The decision of the hearings body on any Type II appeal or any Type III application is final for purposes of appeal on the date it is mailed by the city. The decision is effective on the day after the appeal period expires. If an appeal of a Type III decision is filed, the decision becomes effective on the day after the appeal is decided by the city council. An appeal of a land use decision to the State Land Use Board of Appeals must be filed within twenty-one days of the city council's written decision. F. Appeal. A Type III decision may be appealed to the city council as follows: 1. Who May Appeal. The following people have legal standing to appeal a Type III decision: a. The applicant ar owner of the subject property; b. Any person who was entitled to written notice of the Type III decision; c. Any other person who participated in the proceeding by submitting written comments. 2. Appeal Filing Procedure. a. Notice of Appeal. Any person with standing to appeal, as provided in subsection (F)(I) of this section, may appeal a Type III decision by ftling a notice of appeal according to the following procedures; b. Time for Filing. A notice of appeal shall be filed with the community development director or designee within ten days of the date the notice of decision was mailed,• c. Content of Notice of Appeal. The notice of appeal shall contain: i. An identification of the decision being appealed, including the date of the decision; Twin Creeks Xing Ph III Tentative Plan Findings 07132 -Page 4 of 13 ii. A statement demonstrating the person filing the notice of uppeal has standing to appeal; iii. A statement explaining the specific issues being raised on appeal; iv. If the appellant is not the applicant, a statement demonstrating that the appeal issues were raised during the comment period; and v. The applicable filing fee. 3. Scope of Appeal. The appeal of a Type III decision shall be limited to the application materials, evidence and other documentation, and specific issues raised in the Type II administrative review. 4. Appeal Procedures. Type III notice, hearing procedure and decision process shall also be used far all Type III appeals, as provided in subsections (C) through (E) of this section; S. Final Decision. The decision of the city council regarding an appeal of a Type III decision is the ftnal decision of the city. Finding: This application has been processed in accordance with the above requirements for a Type III, Tentative Plan Application. Conclusion: The remainder of the requirements that follow the approval or denial of this application will be processed in accordance with CPMC 17.05.4Q0 as specified. 17.65.054 Zoning regulations-TOD district A. Permitted Uses. Permitted uses in Table 1 are shown with a "P. " These uses are allowed if they comply with the applicable provisions of this title. They are subject to the same application and review process as other permitted uses identified in this title. B. Limited Uses. Limited uses in Table 1 are shown with an "L. " These uses are allowed if they comply with the specific limitations described in this chapter and the applicable provisions of this title. They are subject to the same application and review process as other permitted uses identifted in this title. C. Conditional Uses. Conditional uses in Table 1 are shown with a "C. " These uses are allowed if they comply with the applicable provisions of this title. They are subject to the same application and review process as other conditional uses identified in this title. D. Density. The allowable residential density and employment building floor area are specified in Table 2. E. Dimensional Standards. The dimensional standards for lot size, lot dimensions, Building setbacks, and building height are specified in Table 2. F. Development Standards. 1. Housing Mix. The required housing mix for the TOD district is shown in Table 2. 2. Accessory Units. Accessory units are allowed as indicated in Table 1. Accessory units shall meet the following standards: a. A maximum of one accessory unit is permitted per lot; b. The primary residence and/or the accessory unit on the lot must be owner-occupied; c. An accessory unit shall have a maximum floor area of eight hundred square feet; d. The applicable zoning standards in Table 2 shall be satisfied. Twin Creeks Xing Ph III Tentative Plan Findings 07132 -Page I O of 13 Tahle 1 TOD District Land Uses Use Categories Zoning UistricJs LMR MMR IIMR EC GC C OS Residential Dwelling, Single-Family Large and standard lat Zero lot line, detached P P LS P N N N N N N N N N N ffttached raw houses P P P C N N N .Dwelling, Multifamily Multiplex, apartment P P P L! Ll N A' ~Iccessary Units PI PI P! C N N N Boarding/Rooming House N C C N N N N Family Care Family day care Day care group home P C P C P P N N N N N N N N ~idult day care C C C N N N N Home Occupation P P P P N N N Residential Facility P P P N N N Rf Residential Hame P P P N N N N N--Nat permitted. P--Permitted use. Twin Creeks Xing Ph III Tentative Plan Findings 07132 -Page 11 of 13 Table 2 TQD District Zoning Standards Standard Zoning Districts LMR MMR HMR EC GC C OS Density--Units Per Net Acre (fl Maximum I2 32 NA NA NA NA NA Minimum 6 I4 30 NA NA NA NA Dimensional Standards Minimum Lot or Land Area/Unit Large single family S, 000 SF NA NA NA NA NA NA Standard single family 3, 000 SF NA NA NA NA NA NA Zero lot line detached 2, 700 SF 2, 700 SF NA NA NA NA NA Attached row houses 2, 000 SF I, 500 SF 1, 200 SF NA NA NA NA Multifamily and senior housing 2,000 SF 1,500 SF 1,000 SF 1,004 SF NA NA NA Average Minimum Lot or Land.4rea/Unit Large single family 7, 500 SF NA NA NA NA NA NA Standard single family 4,5110 SF NA NA NA NA NA NA Zero lot line detached 3, 000 SF 3, 000 SF NA NA NA NA NA Attached row houses 2, 500 SF 2, 000 SF I, Sbb SF NA NA NA NA Multifamily and senior housing 2,500 SF 2,000 SF I,S00 SF 1,500 SF NA NA NA Minimum Lot Width Large single family S0' NA NA NA NA NA NA Standard single family 50' NA NA NA NA NA NA Zero lot line detached 30' 30' NA NA NA NA NA Attached row houses 24' 22' 18' NA NA NA NA Ttivin Creeks Xing Ply III Tentative Plan Findings 07132 -Page 12 0l" ~ 3 Conclusion: The application meets this criterion. ' th and depth requirements as outlined in Table 2. void ive Plan. Findings 47132 - Page f 3 of 13 Twin Creeks Wing Ph III Tentat red are in compliance with the minimu~z~: lot area, Finding Ali lots prol>o ATTACHMENT " ~~ " PLANNING COMMISSION RESOLUTION NO. A RESOLUTION GRANTING APPROVAL OF A TENTATIVE PLAN APPLICATION TO CREATE A THIRTY FOUR (34) ATTACHED SINGLE FAMILY RESIDENTIAL LOT SUBDIVISION KNOWN AS TWIN CREEKS CROSSING, PHASE III Applicant: Twin Creeks Development Co., LLC (37S 2W 03CB, Tax Lo# 6400, 6500 and 7100) (37 2W 03BD, Tax Lots 700 and 800) (37 2W 03BD, Tax tots 3200 and 3300) File No. 07132 WHEREAS, the applicant has submitted an application for a Tentative Plan approval for the creation of a thirty four (34) attached single family residential subdivision located within the Twin Creeks Master Plan area, and is identified on the Jackson County Assessor's map as 37S 2W 03CB, Tax Lot 6400, 6500 and 7100; 37 2W 03BD, 37 2W 03BD, Tax Lots '700 and 800 Tax Lots 3200 and 3300 , in the City of Central Point, Oregon; and WHEREAS, on August 7, 2007, the Central Point Planning Commission conducted aduly-noticed public hearing on the application, at which time it reviewed the City staff reports and heard testimony and comments on the application; and WHEREAS, the Planning Commission's consideration of the application is based on the standards and criteria applicable to the Tentative Plan requirements - section 16.10, Application Review Process -section 17.05; TOD District 17.65, of the Central Point Municipal code; and WHEREAS, the Planning Commission, as part of the Tentative Plan application, has considered and finds per the Staff Report dated August 7, 2007, that adequate findings have been made demonstrating that issuance of the Tentative Plan is consistent with the intent of the TOD-MMR, Medium Mix Residential, zoning district, now, therefore, BE IT RESOLVED, that the City of Central Point Planning Commission, by this Resolution No. does hereby approve the application based on the findings and conclusions of approval as set forth on Exhibit "A ", the Staff Report dated August 7, 2007, which includes attachments, attached hereto by reference and incorporated herein. Planning Commission Resolution No. (08072007) PASSED by the Planning Commission and signed by me in authentication of its passage this 7th day of August, 2007. Planning Commission Chair A~`TEST: City Representative Approved by me this 7th day o£ August, 2007. Planning Commission Chair Planning Commission Resolution No. X08072007}