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HomeMy WebLinkAboutResolution 671 - Beebe WoodsI~L;~~ILL,~"I't()!~J }~~. x'71 A ItESC1L IC1N conditionally ap~rrc~~~i~~~; t~ trial de~~cl~aprx~ci~[ }~lanfor the remain phases for ~ Planned Unit l~c~vc~ic~}~rne1"tfi known ~s i3c;{~lu~ Woods located on Ilamrick Road, north. o£ ~. fine St~~ee[. [3cet~e Woods, ~L,LC ~~}>plirant. 'GYHLREAS; the property is currca~tl~~ r,carred as R-2, Residential Twt~ F~a~~~ii~,, anal the appliez~tion is consistent c~~itJt the }>c~,~t~~itied uses set forth in Title 17, ~t~ction 17.6~~ P'lannt~zf Unit Dove}r~hnu~i~is, ~~~-tc} "GYHEREAS; The Planning Commission's consideration of the ~~pplre~~tic>n is based on the standards, criteria and applicable to Planned Unit Uc~velopments and Final Development Plans as set forth in ~ itle 17 and applicable requirement for lands within a Planned Unit Developments; a~-td EREAS; after duly con;~ic}c~,~it~~ the Applicant's request it is the P}i1ru~Jng Commissions determination t}~a~ the Application conditionally complies with the applicable standards, criteria and conditions of approval as set forth in the Staff Report Exhibit "A~') dated ~7ctober 4j 2005; now therefore f3E IT R;ES(~-LVEl3; that the Planning Corain7is~;ion of the City of Central Point, by this Resolution No. 671 hereby approves thy: Application based on the finds and conditions of approval as st~rtecl in the 5tal} Deport (Exhibit "A"} dated (Jctober 4, 2005. PASSFL~ by the Planning Commission in open session and signed by me in authentication of its passage this 4th day of Octc~bcr 2005. ATTEST: _ City }~~-}~r~~sr~~h~tive -, r P1an~~at~g Cti ~~nmt5s7ofi ~.°.ha~rlacrson ~r,r~1~~ coie~zvrl~slor~ R~~z,uTro~r i~a. ~~~ ~~ oo~~oa~} PLANNYNG DEPARTMENT STAFF REPOIt"1' HEARING DATE September 7, 2004 TO: Central Point Planning Conamissiozi FROM: Tom Humphrey AICP, Community Development Director SUBJECT: Conditional Use, Tentative Plan, and Planned Unit Development for Beebe Wood Village. Applicant/ Owner: ~ Galpin, LLC P.Q. Box 8271 Medford, OR 97501 Gordon & Erma Layton 44G0 Hamrick Road Central Point, OR 97502 Agent: Craig A Stone & Associates, Ltd. 708 Cardley Avenue Medford, OR 97504 Pro er Description/ 37 2W01CB Tax Lot 200 - 0.87 Acres Zoning: R-2, Residential Two--Family District Summary: The applicant has submitted various land use applications to azrzend a previously approved prelirxzinary development plan for a residential planned community and subdivision known as Beebe Woods. The amendment increases the overall acreage and proposes the addition of five more lots to bring the total number of single family units in the development to 107 (up from 102). Autlkority• 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 far PUD, a tentative subdivision plan and a conditional use permit application. Notice of the public hearing was given in accordance with CPMC 1.24.060. (Attachment A). Applicable Isaw: CPMC 16. i 0.010 et seq.- Tentative Plans CPMC 17.24.010 et seq.- R-2, Residential Two-Family District CPMC 17.G8.010 et seq.- Planned Unit Development CPMC 17.7G.010 et seq.- Conditional Use Permit Discussion• The City approved a preliminary development plan far Beebe Woods in May 2003 and the first of four final development plans (one per phase) has also been approved and is under construction. This proposal is an ame~xdment to the original plan and adds Phase IV whielr further subdivides the Layton property. The agent for the applicants (Craig Stone & Associates) has prepared and submitted an extensive report which staff has reviewed and endorses (see Attachment B). The Commission is encouraged to read through tl~e applicant's report to arrive at their conclusions. This is a straight- forward proposal and one that was actually contemplated during original discussions about Beebe Woods. There is not a lot for plaru~ing staff to add without being redundant. Conditional Use Permit CPMC 17.28.030 lists Planned Unit Developments as a conditional use in the R-2, Residential Two-Family Zoning District. Re aired Findin s for a Conditional Use Permit Conditional uses require special consideration so that they may be properly located with respect to ... the zoning title and theif• effect on surrounding proper°ties. The Planning Commission in granting a Conditional Use Ferxnit must find as follows: A. That the site for the proposed use is adequate in size and shape to accommodate the use and to meet all other development and lot requirements of the subject zoning district and all other provisions of this code. ^ The parcel for this proposed a~x~endment has an area of 0.87 acres. The proposal is consistent with the Central Point R-2, Residential Two-Family zoning district requirements. and the Comprehensive Plan housing density for this area. ^ The applicant is creating 5 tax lots, increasing the overall number of lots in Beebe Woods to 107'. The residential density for the R-2 zoning district is a maximum of 12 units an acre. In this case the applicants could build up to 1~f units. The proposal is targeting an owner occupied ~narlcet. B. That the site has adequate access to a public street or highway and that il~e street or highway is adequate in size and condition to effectively accozxrrzodate the traffic that is expected to be generated by the proposed use. ^ The lots will take their access from Live Qak Loop. New trips are expected to disperse evenly between Brookdale Drive and 4akview Avenue. C. That the proposed use will have no significant adverse effect on abutting property or the permitted use thereof. ^ The proposed development if approved would provide a less or equally intense development to adjoining properties on the north aaad south. Single story, attached single family homes will border single family detached Domes along the northern boundary. D. That the conditions required for approval of the permit are deemed necessary to protect the public health, safety, and general welfare. ^ Bear Creek Valley Sanitary Authority confirms that sewer service can be provided to the site. The private street system is acceptable to Fire District #3. Planned Unit Development A preliminary development plan has been approved for this site and this is a simple amendment to that plan. An application for final development plan must be submitted within six months of this approval. CPMC 17.68.010 states that the purpose of planned unit development (PUD) is to gain more effective use of open space, realize the advantages of large-scale site planning and the mixing of building types or land uses, unproved aesthetics and environmental preservation. This is achieved with this amendment. The proposed PUD amendment is a single family residential development and consists of five lots. Each lot will be constructed with either a single family `attached' or a `detached' residence and each dwelling will provide adequate parking. There will be limited but sufficient an-street parking on within the development. Strict Convents, Codes, and Restrictions (CC&R's) will be written and enforced for the development by a Home Owner's Association who will maintain common areas, private streets and the park. The Public Works Department has reviewed the preliminary development plan for compliance with the City's water, storm drain and transportation standards. Findin s of Fact & Conclusions of I,aw Size of PUD site A PUD shall be pn a tract of land five acres ar larger, except that a PUD maybe an 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. The property is adjacent to or in the immediate vicinity of a planned unit development of similar design as that proposed and the developments would complement each other with significant adverse impact on surrounding areas. ^ The site is adjacent to the Parkwood Village PUD which is also zoned R-2 and includes attached single family, owner occupied homes on smaller tax lots. B. The property or its neighborhood lzas historical character or distinctive features that are important to the cozxzmunity and that could be protected or enhanced through use of a 1'UD; ^ The applicants are constructing residential homes witl~in an existing residential neighborhood. The homes will be similar in design and architecture to the surrounding homes. The PUD will allow for single farn~ily dwellings to be constructed that would preserve the neighborhood character. C. The property is adjacent to or in the izxzznediate vicinity of a planned unit development of similar design as tl~zat proposed and developments would complement each other without signii`zcazat adverse impact on surrounding areas; ^ The project is adjacent to the Packwood Village and Brvvkdale Gardens PUDs and will have similar lot size, house size, and architecture. D. The property is of irregular shape, with limited access, or has unusual dizrzensions or characteristics whickz would make conventional development unreasonably difficult and expensive ^ The lots are part of an unusual configuration and an in-fill redevelopment area. The lots are surrounded by a secondary arterial, an existing collector street and a private local street. Criteria to Grantor Derry a PUD Jn approving, conditionally approving or denying the plans submitted, the City bases it's decision on the following standards from section 17.6$.040: A. That the development of a lzarrrzonious, integrated plan justifies exceptions to the normal requirements of this title; ^ The applicant's preliminary development plan proposes 5 single family dwellings. The housing types will be consistent with the zoning district and developments to the north and south but will differ from the single family, large lot dwellings to the east. B. The proposal will be consistent with the Comprehensive Plan, the objectives of the zoning ordinance and other applicable policies of the City; ^ 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 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. This type of development only a tentative plan review in newer T4D sections of the Central Point Municipal Code. 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 the zoning in tl~e surrounding area. The proponents have stated that the development will provide a quality living experience for Central Point residents that are presently underserved. D. That the proponents of the PUD have demonstrated that 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 determined by the Commission; ^ The applicants have a successful history of building homes in the valley and intend to start construction as soon as possible. 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; ^ All of the units will eventually access onto Brookdale Avenue and Hamrick Road, a secondary arterial, or onto Oakview Avenue and Meadowbrook Drive which can handle the existing and proposed vehicle trips. 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. H. The PUD preserves natural features such as streams and shorelines, wooded cover and rough terrain, if these are present; ^ The preliminary development plan depicts private, 25 foot streets which allow for larger green areas, street trees, and internal walk ways. T. The PUD will be compatible with the surrounding area; ^ Beebe Wood Village is compatible with the surrounding area to the degree it is innovative, oriented toward an owner-occupied market and provides a quality living experience. The development is similar in design, architecture, and lot size to Packwood Village. Tliis proposal is a simple amendment to Beebe Woods Village. J. The PUD will reduce need for public facilities and services relative to other permitted uses for the land; ^ The development will result in a rr~ore efficient use of public services and will eventually encourage the use of walking paths and other alternative forms of transportation. Planning Commission Action The Planning Commission may talcs one of the following actions in regard to the preliminary development plan (amendment) for Beebe Woods Village. 1. Adopt Resolution No._, approving conditional use permit, preliminary development plan and PUD boundary expansion for Beebe Wood Village, Phase N, based on the findings of fact and conclusions of law contained in the record and subject to the recozxzzxzended conditions of approval as sot fort in the staff reports; or 2. Recommend denial of the conditional use permit, preliminary developzxzent plan and PUD boundary expansion for the Beebe Wood Village, Phase N based on findings of fact articulated by the Commission; or 3. Continue the review of the conditional use pez-zxzit and preliminary development plan at the discretion of the Commission. Attachments: A. Notice of Public Hearing B. Applicant's staff Report C. Planning Department's Recommended Conditions of Approval 11Cf'CHSIICITY ti~IDr1PI,A~rIi~G;04o34.DOC _~~:: U _ z; i Jk yp ''[~ `~/ ~< _ Cl t~ o~ Ce.rl tral Pol.rl t PLANNING DE'PARTME'NT 'l'ain llt~mphrey, A[CP Planning Director ~;~~ ;- ~~ ~ !~~ ~.,F 0ro~/ Ken Gerschler Cornrr~unity Planner David lllvord Community Planner Dave Arkens GIS T'ecl~niciar~ Lisa Morgan Planning Secretary Notice of Meeting Date of Notice: August 17, 2004 Meeting Date: Time: Place: NATURE OF MEETING September 7, 2004 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 a Planned Unit Development, Tentative Plan and Conditional use applications that would amend the previously approved Beebe Woods Planned Unit Development by including a 41}' phase near the northwest corner of the project. This proposed 4'h phase would add five additional lots to an adjacent tax lot and would not change any other elements of the original P.U.D. approval The subject parcel is in the R-2, Residential Two Family District and is identif ed in the records of the .lackson County Assessor as Map 37 2W 01 CB, Tax Lot 200. The properties are located on the east side of Hamxnrick Road (460 Hammrick Road}, north of East Pine Street and south of Vilas Road. The Central Point Planning Commission will review the applications to determine if all of the requirements of the Central Point Municipal Code can be met. if the Commission determines that the applications meet the City's standards, an approval for the 4th phase could be issued. This action is discussing whether the City should allow a 4`'' phase to be added to the previously approved Beebe Woods Planned Unit Development. The Planning Commission will not be discussing issues relating to the approval of the previous phases. Pursuant to ORS 197.763 (3) {e), failure to raise an issue during this hearing, in person or in writing, or failure to raise an issue with sufficient specificity to afford the decision-makers and the parties an opportunity to respond to the issue will preclude an appeal based on that issue. NOTICE TO MORTGAGEE, LIENIIOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT II+ YOU RECEIVE TITIS NO'T'ICE IT MUST BE PROMPTLY FORWARDED TO THE PURCIIASER. This notice is being mailed to property owners within a 200 foot radius of subject property. CRITERIA FOR DECISION The requirements for the review of Planned Unit Developments, Tentative Plans and Conditional Uses are set forth in Chapters 1 G & 17 of the Central Point Municipal Code, relating to General Information and conditions on the application approval. 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 Tuesday, September 7, 2004. 2. Written comments pertaining to the proposed Phase IV of the Beebe Wood P.U.D. 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 far 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 Phase IV of the Beebe Wood P.U.D. 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 are available at 15 cents per page. 5. For additional information, the public may contact the Planning Department at (541} 664-3321 ext. 292. SUMMARY OF PROCEDURE At the meeting, the Planning Commission will review the applications and technical staff reports. The Commission, will hear 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 applications as submitted. City regulations provide that the Central Point City Council be informed about all Planning Commission decisions. 155 Cniith ~c~r.nn~l Street ~ (-`.entrai Print (~R 975(32 ~ {.5411664-3321 ~ Fax: 15411 664-6384 BEFORE THE PLANNING COMMISSION FOR THE CITY OF CENTRAL POINT STATE OF OREGON IN THE MATTER OF A PRELIMINARY PUD PLAN AMENDMENT, CONDITIONAL USE PERMIT, AND TENTATIVE PLAT APPROVAL FOR THE ESTABLISHMENT OF A REVISED PUD BOUNDARY FOR THE APPROVED BEEBE WOOD PUD, ON LAND OWNED BY ERMA AND CORDON LAYTON, LOCATED EAST OF HAMRICK ROAD AND NORTHWEST OF LIVE OAK LOOP IN THE CITY OF CENTRAL POINT, OREGON Galpin, LLC :Applicant PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW Applicants' Exhibit 1 NATURE OF THE APPLICATION Land use matters covered in this application package (entitlements for Beebe Wood Village a Planned Community} involve approximately 0.87t acres. The land, presently owned by Erma and Gordon Layton, is located east off Hamrick, northwest of Live Oak Loop, north of Biddle Road and south of Beebe Road in the City of Central Point. Applicant Galpin, LLC has the written authorization by the owners of the property to seek approval by the City of Central Point for the following entitlements: ^ Planned Unit Development {PUD} Boundary Revisions Conditional Use Permit ^ Tentative Plan for a Padlot Subdivision Development2 Specific authority exists in Oregon law to file consolidated land use applications. Pursuant to Oregon Revised Statutes (ORS} 197.763, this application package was deemed complete under the requirements of the Central Point Municipal Code {CPMC) at the time the applications were farst submitted. € The entire Beebe Wood PUD is approximately 9.65 (8.78 acres for the original Becbe Wood PUD + 0.87 acres for the subject property}. z Padlot development is governed by Central Point Zoning Ordinance (ZQ) 17.60.210, which provides that padlots are exempt from the Iot area, width, depth, yard, setback, and lot coverage requirements. Craig A. Stone & Associates, Ltd. Page 1 of 25 July 2004 Beebe Wood Planned Unit Development Amendment City o€ Central Point, Dragon Gaipin, LLC: Applicant PROJECT INFORMATION The following background information pertains to the this project Project Vicinity and Hisfory The property is located within the City of Central Point's acknowledged Urban Growth Boundary on land located east off Hamrick Road, north of Biddle Road and south of Beebe Road. In 2403, the City of Central Point approved the project then called, Beebe Wood a Planned Community. Since approval, applicant has slightly changed the name of the project and it is nova called, Beebe Wood Village a Plastned Co~rttnurrity (also called herein, Beelre Wood Village Planned Unit Develapment or Beebe Woad PUD. Since approval, applicant has submitted improvement plans and construction of the infrastructure has been completed in some portions of the development. Applicant recently submitted a final subdivision plat far Phases 1 and 2 of the project, which is the southerly portion of the approved PUD. Final Plat approval was granted for Phase 1. Final Plat approval for Phase 2 is pending. Project Overview Beebe Waad PUD Amendment will add and is intended to be a fourth phase of Beebe Wood PUD. Phase 4 will consist of 4 attached {in clusters of two units) Single Family Dwellings and one detached single-family home on individual, all to be on individual lots that comprise 0.87 acres, a density of 5.74 units per acre. Applicant seeks here to amend the boundaries of the Beebe Wood PUD to include the subject property in the PUD and make it part of PUD Phase 4. The subject property is to be developed with four attached single-family dwellings and ane detached single-family dwelling and these are to be developed as part of the already approved Beebe Wood PUD. Applicant intends that the same design features that which were made conditions of the approval of Beebe Wood PUD, be established as part. of this amendment. These include provisions for two-story buildings with no windows for those buildings that abut the Parkwood Village development located north of the subject property. Housing Housing: Proposed housing consists of site-built two story dwellings. Four of the dwellings are attached in clusters of two. There is one single family dwelling which already exists and it is intended to be preserved and placed on a separate lot. Lots vary in size from 2,Q52 to 19,689 square feet. The attached dwellings will be constructed using a zero-lot line con#'iguration where a common wall of the units will be shared. The new attached dwellings Craig A. Stone & Associates, t_td. Page 2 July 2004 Beebe Wood Planned Unit Development Amendment Cityot Central Point, Oregon Galpin, LLC: Applicant are intended to be entry-level affordable housing. The existing home will remain. The new dwellings will be of two-story configuration. The existing home is single story. The design of the dwellings will be contemporary architecture consistent with already approved phases of Beebe Wood PUD. Each dwelling will have a garage designed far two automobiles. The dwellings that border Parkwoad Village will be designed so that na windows will be on the second story portion of the buildings. Dwellings typical of those proposed, are shown in Exhibit 7. Typical dwelling lots are shown on the tentative plat map in Exhibit 4. Projecf Entry Ingress and egress to Beebe Wood PUD, will not change as part of this application. Access will be from Oakview Avenue located at the northeast corner and at Brookdale Avenue located centrally on the south boundary of the PUD property. Access to the proposed new parcels will be from Live Oak Loop. No direct access is proposed from Hamrick Raad although the existing access serving the existing home is proposed to remain. Hamrick Road Projecf Frontage Hamrick Road is improved along the west boundary of the PUD properties with bike paths curbs and gutters. The existing vinyl fence will remain. The fencing will serve as visual screening and provide sound attenuation for the future residents of the subject PUD. Vehicular Circulafion and access The existing network of private streets will remain unchanged. The property will be served by a fully gridded network of private streets that will be constructed to the city's Transit Oriented Development ("TOD") standards for Courtyard Lanes. The streets will be 27 feet wide, which will accommodate two eight foot travel lanes and an eight foot parking strip. The remaining three feet will be dedicated to rolled curbs and gutters. Pedestrian Access The existing network of pedestrian paths will not change as part of the application. Pedestrian access will be provided by concrete walkways that traverse the common open space areas and that are intermixed throughout the development. See, Exhibit 3. There will also be concrete paths that connect the driveways to the front entries of each dwelling. Sidewalks will be provided along the frontage of the subject property along Hamrick Road. RELEVANT SUBSTANTIVE APPROVAL CRITERIA The criteria governing the land use actions as described hereinabove for the R-2 Zoning district are set forth below: Craig A. Stone & Associates, Ltd. Fags 3 July 2004 Beebe Wood Planned Unit Development Amendment City of Central Point, Oregon Galpin, LLC: Applicant R-2, Residential Two-Family District The criteria governing the approval of Development in an R-2 Zoning District are set forth in Chapter ].7.24 and provide: 1724.020 Permittod uses. The following uses and their accessory uses are permitted in the R-2 district: A. One single-family dwelling 17.24,030 Conditional uses. The following uses and their accessory uses are permi€ted in the R-2 district when authorized by the planning commission in accordance with Chapter 77,76: G. Planned unit developments in accordance with Chapter 17.68 Planned Unit Development The criteria governing the approval of Planned Unit Developments are set forth in Chapter 17.68.040 and provide: 17.68.040 Criteria to Grant or Deny a PUI7 A. That the development of a harmonious, integrated plan justifies exceptions to the normal requirements of this title: B. The proposal will be consistent with the comprehensive plan, the objectives of the zoning ordinance and other app[icabie policies of the city; C. The location, size, design and operating characteristics of the PUD w€II have minimal adverse impact on the livability, value or appropriate development of the surrounding area; D. That the proponents of the PUD have demonstrated 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 within a reasonable time as determined by the commission; E. That traffic congestion wilt not likely be created by the proposed development or will be otaviated by demonstrable provisions in the plan far proper entrances, exits, internal traffic circulation and parking; F. That commercial development in a PUD "is needed at the proposed location to provide adequate commercial facilities of the type proposed; G. That proposed industrial development will be efficient and Weil-organized with adequate provisions for railroad and truck access and necessary storage; H. The PUD preserves natural features such as streams and shorelines, wooded cover and rough terrain, if theses are present: I. The PUD will be compatible with the surrounding area; J. The PUD will reduce need for public facilities and services relative to other permitted uses for the land, 17.68.080 Exceptions to zoning and subdivision titles. The planning commission may allow exceptions within a PUD for dimensions, site coverage, yard spaces, structure heights, distances between structures, street widths or off-street parking and loading facilities differing from the specific standards for the zoning district in which the PUD is located. Exceptions shall be based upon the applicant's demonstration that the objectives of the zoning and subdivision titles of this code will be achieved. Craig A. Stone & Associates, Ltd. Page 4 July 2004 Beebe Wood Planned Unit E~eveEoptnent Amendment City of Cent€al Point, Oregon Galpin, LtC: Applicant A. When the spacing between main buildings is less than the spacing which would be required between buildings developed under this chapter on separate parcels outside a PUD, other design features shall provide light, ventilation and other characteristics equivalent to that obtained from the spacing standards. 8. Buildings, off-street parking and loading facilities, open spaces, landscaping and screening shall conform to the specific standards of the zoning district within fifty feet of the boundary lines of the development, C. The planning commission may approve building heights greater than those authorized by the zoning district. The applicant shall demonstrate that: 1. The subject building(s) will not be within one hundred feel of abutting residential property: 2. The increase in height wilt reduce the prices of dwelling units offered for safe or rent; and 3. That additional natural open space will be preserved or additional common recreational areas will be provided. D. The building coverage for any PUD shall not exceed that which is permitted for other construction in the zone. E. When a PUD design would require exceptions to the regulations of the subdivision title, the planning commission may grant those conditions as part of the PUD. Tentative approval of the preliminary development plan of a PUD shall also constitute tentative approval of a tentative plan under Chapter 1.10 if the makerials are presented in the manner prescribed by subdivision title. 17.68.090 Accessory uses in a planned unit development B. Private Park 17.68.110 Common open space. A. Open areas may be accepted as common open space within a planned unit development if these requirements are met: 1. The location, shape, size and character of the common open space is suitable for the planned development; 2. The common open space is appropriate to the scale and character of the planned unit development, considering the PUD's size, density, expected population, topography and the number and type of dwellings provided; 3. Common open space will be improved for its intended use, although common open space containing natural buildings, structures and improvements in the common open space shalt be appropriate to the uses proposed for the common open space; 4. The development schedule coordinates the improvement of the common open space and the construction of buildings and other structures in the common open space with the construction of residential dwellings in the planned unit development; 5. if buildings, structures or other improvements are to be made in tho common open space, the developer provides a bond or other adequate assurance that the buitdings, structures and other improvements have been completed according to the development plan. B. Land shown on the final development plan as common open space shall be conveyed under one of the following options at planning commission discretion: 1 , To a public agency which agrees to maintain the common open space and any buildings, structures or other improvements which have been placed on it; Craig A. Stone & Associates, Ltd. Page 5 July 2004 Beebe Wood Planned Unit De~eiopment Amendment City of Central Point, Oregon Galpin, LLC: Applicant To an association of owners or tenants, created as a nonprofit corporation under the laws of the state, which shall adopt and impose articles of incorporation and bylaws and adopt and impose a declaration of covenants and restrictions on the common open space that is acceptable to the planning commission as providing for the continuing care of the space. Such an association shall be formed and continued for the purpose of maintaining the common open space. Common open space not conveyed to a public agency shall be in addition to and not in lieu of the land dedication or fee required in Chapter 15.2Q. C. Common open space may only be put to uses specified in the final development plan. No change of use allowed by amendment may be considered as a waiver of any of the covenants limiting the use of common open space areas. All rights to enforce these covenants against any use permitted are expressly reserved. D. If common open space is not conveyed to a public agency, the covenants governing the use, improvement and maintenance of common open space shall authorize the city to enforce their provisions. Conditional Use Permits The criteria governing the approval of Conditional Use Permits are set forth in Chapter 1'7.6.040 and provide: 17.76.040 Findings and conditions. The planning commission in granting a conditional use permit shall find as follows: A. That the site for the proposed use is adequate in size and shape to accommodate the use and to meet al! other development and lot requirements of the subject zoning district and all other provisions of this code; B. Thai the site has adequate access to a public street or highway and that the street or highway is adequate in size and condition to effectively accommodate the traffic that is expected to be generated by the proposed use: C. That the proposed use will have no significant adverse effect on abutting property or the permitted use thereof. In making this determination, the commission shall consider the proposed location of improvements on the site,; vehicular ingress, egress and internal circulation; setbacks; height of buildings and structures; walls and fences; landscaping; outdoor lighting; and signs; D. That the establishment, maintenance or operation of the use applied for will comply with local, state and federal health and safety regulations and therefore wilt not be detrimental to the health, safety or general welfare of persons residing or working in the surrounding neighborhoods and will not be detrimental or injurious to the property and improvements in the neighborhood or to the general wetfare of the community based on the review of those factors listed in subsection C of this section; E. Thaf any conditions required for approval of the permit are deemed necessary to protect the public health, safety and general welfare and may include: 1. Adjustments to lot size or yard areas as needed to best accommodate the proposed use; provided the lots or yard areas conform to the stated minimum dimensions far the subject zoning district, unless a variance is also granted as provided for in Chapter 17.80, 2. Increasing street widths, modifications in street designs or addtion of street signs or traffic signals to accommodate the traffic generated by the proposed use, 3. Adjustmonts to off-street parking requirements in accordance with any unique characteristics of the proposed use, 4. Regulation of paint of vehicular ingress and egress, Craig A. Stone ~ Associates, Ltd. Page 6 Juty 2004 Beebe Wood Planned Unit Qevelapment Amendment City of Central Point, Oregon Galpin, LLC: Applicant 5. Requiring landscaping, irrigation systems, #ighting and a property maintenance program, C. Regulation of signs and their locations, 7. Requiring fences, berms, walls. landscaping to include trees and shrubs, or other devices of organic or artificial composition to eliminate or reduce the effects of noise, vibrations, odors, visual incompatibility orother undesirable effects on surrounding properties. S. Regulation of time of operations for certain types o€ uses if their operations may adversely affect privacy of sleep of persons residing nearby or otherwise conflict with other community or neighborhood functions, 4. Establish a time period within which the subject land use must be developed, 1 n. Requirement of a bond orother adequate assurance within a specified period of tune, i I. Such other conditions that are found to be necessary to protect the public health, safety and general welfare, 12. In consider€ng an appeal of an application for a conditional use permit for a home occupation, the planning commission shall review the criteria listed in Section 17.60.190 (Ord. 1684 §72, 1993: Ord. 1615 §55, 2989: Ord. 1533 §1 2984: Ord. 1436 §2(part}, 1981). IV EVIDENCE SUBMITTED WITH THE APPLICATIONS Applicant has submitted the following evidence with these applications: Exhibit 1. Proposed Findings of Fact and Conclusions of Law (this document) Exhibit 2. PUD Plan Exhibit 3. Landscaping Plan Exhibit 4. Tentative Plan Exhibit 5. Aerial Photograph Exhibit 6. Zoning Map Exhibit 7. Typical Dwellings Renderings Exhibit S. Approved Beebe Wood PUD Plan Exhibit 9. Completed Application Forms and Power of Attorney Craig A. Stone & Associates, Ltd. Page 7 July 2004 Beebe Wood Planned Unit De~efopmenf Amendment City a€ Central Point, O€egon Ga[pin, LLC: Applicant V STIPULATIONS OF APPLICANT Applicant, Galpin, LLC, herewith offers the following agreed to stipulations that it anticipates will be appended, as conditions, to approval of the applications: 1. Utility Lines: All utility lines will be placed underground, except utility vaults, which will be placed above ground in the vicinity of the sidewalks as specified by Pacific Corporation {the regional supplier of electrical service). 2. Street Trees: The type and general location of street trees will be consistent with the Landscape Plan (Exhibit 3). 3. Lighting: Lighting will be installed to meet the requirements of City. 4. Signs: Applicant will apply separately for sign permits, pursuant to the Central Paint Sign Code. 5. Dwelling Architecture: The architecture for the proposed dwellings is depicted in Exhibit 7. However, applicant herewith wishes to reserve the right to make architectural changes and the city will ensure that the same will comply with the city's applicable requirements when building permits far each dwelling or dwelling cluster are sought. The buildings bordering Parkwoad Village will not have windows on the second story portions of the building. 6. Zero-Lot-Line Development: Applicant herewith wishes to place the single-family dwellings adjacent to one or both side property boundaries as zero-lot-line dwellings. 7. Timetable for Development: The construction of dwellings in Phase 4 will coincide with development of the infrastructure to serve Phase 4 of Beebe Woad PUD. A Final Plat has already been recorded for Phase 1 and construction of dwellings within that area will occur in the upcoming months. A Final Plat application for phases two and three will be forthcoming in the next few months. After infrastructure is completed for phase Four, a final plat will be filed with the city. $. Landscaping Trrigatian: All common area landscaping will be served by an automatic underground irrigation system with sufficient backflow prevention devices. 9. Exterior Lighting: All exterior pole lighting shall be shrouded so as to prevent light from directly shining upon adjacent lands. 10. Signs: Any project identification sign later proposed by applicant, will be sought under separate permit and comply with all sign regulations of the city. VI Craig A. Stone & Associates, Ltd. Page 8 July 2Q04 Beebe Wood Planned Unit Development Amendment City of Central Point, Oregon Galpin, LI.C: Applicant PROP05ED FINDfNGS Ol= FACT The Planning Commission finds the following facts to be true with respect to this matter. L Ownership and Authorization for Applications: The property is awned in fee simple by Gordon and Erma Layton. Gordan and Erma Layton have duly executed powers of attorney that enables Galpin, LLC, in its names, to seek and acquire the land use permits sought herein. The power of attorney also authorizes Craig A. Stone & Associates, Ltd. to function as the authorized agent of Galpin, LLC. See, Exhibit 9. 2~. Description, Size and Value; Lot Boundary Adjustment: The property is identified by the Jackson County Assessor as Tax Lot 200, on map 37-2W-01CB. The property has approximately 0.87 acres. According to the records of the Jackson County Assessor, the property has a land value of $92,246, and improvement value of $147,500. Tax Lot 200 is partially developed with asingle-family dwelling. 3. Location: The subject property is located east off Hamrick Road, north of Live Oak Loop and South of Beebe Road in the corporate limits of Central Paint. 4. Comprehensive Planining and Zoning: The subject PUD properties are designated Medium Density Residential _ 12 Units/Acre on the Comprehensive Plan Map. The subject property is zoned Residential Two-Family (R-2}. The R-2 zone permits single- family dwellings. 5. Water Facilities and Services: There is an existing 12-inch water line within the Live Oak Loop private road common area and a 16-inch line within the Hamrick Road right-of--way. The existing lines are owned and maintained by the City of Central Point. Uses within the development will be connected to the municipal water supply via these service mains that will generally be within the private streets within the PUD. The City of Central Point purchases water for its municipal system from the Medford Water Commission. According to Medford Water Commission engineers, the Medford system presently serves a population of +/-80,000, including customers outside the corporate limits of the City. The present maximum daily use is 45 million gallons per day (MGD}. The present source and distribution system has an existing capacity of 56.5 MGD. There is an additional water source capability of 35 MGD available. The present facilities are estimated by the Medford Water Utility to be adequate until Year 2050. G. Sanitary Sewer Facilities and Services: Presently the subject property has direct access to existing 8-inch sewer Iine is located within the Hamrick Road rights-of way and a 8 inch sewer line is located within the Live Oak Loop private road common area. The sewer lines are owned and operated by the Bear Creek Valley Sanitary Authority {"BCVSA"). Sewerage wastes are treated at the Medford Regional Water Reclamation Plant, which is owned and operated by the City of Medford. Uses within the development will be connected to BCVSA sanitary sewer Imes. Craig A. Stone & Associates, Ltd. paw g July 2004 Bt3+3E~e Woad Planned I1nit Development Amendrrtent City of Central paint, Oregon Galpin, LLC: Applicant According to Jim Hill of the Medford Engineering Department, sewage wastewater collected and transported by the Bear Creek Interceptor is treated at the Medford Regional Water Reclamation Plant. Mr. Hill serves as the principal staff person in charge of operations at the regional plant which is located near Bybee Bridge where Table Rock Road crosses the Rogue River. The plant serves the Bear Creek Valley Sanitary Authority (BCVSA} and the cities of Central Point, Jacksonville, Medford, Phoenix and Eagle Point. A portion of the service charges levied on customers are allocated to treatment costs. The Regional Rate Committee as established in the September 23, 1985 Regional Sewer Agreement is authorized to set treatment charges and rates far the regional system. The charges and rate structures are reviewed annually by the Regional Rate Committee, and rate adjustments are made as necessary. Systems development charges are allocated to plant expansion. Monthly service charges levied on customers are allocated to treatment costs, equipment repair and replacement, and plant upgrades to meet changing regulations. The regional treatment plant was constructed in 1969-19'70. The present average dry weather plant capacity is 20.0 million gallons per day (MGD}. The peak hydraulic capacity is 60 MGD, Plant capacity was doubled between years 1980-1990 through several incremental expansions. A treatment plant facilities plan, developed in 1992, established a capital improvement program to meet growth need to Year 2010. Average dry weather flow into the treatment plant was 13.2 MGD in 1988, increasing to 14.1 MGD in 1994. Existing 1997 flows are anticipated to be approximately 1$.0 MGD. The population receiving sewer service in 198$ was 77,475. Sewer connections since 1988 have increased the residential population served by sewers to approximately 94,000. The regional plant has a capacity for a population equivalent of approximately 115,000, including commercial and industrial flows. The population forecasts by consulting engineers Brown and Caldwell, including analysis of rural as well as urban population densities, estimate the ultimate population that the plant would serve at 190,800. 7. Storm Drainage: There is an existing 12 inch underground storm drainage pipe located in the common area of the private road Live Oak Loop. The subject property gently slopes and drains from east to west. Storm waters from the impervious surfaces within the proposed PUD will be transported via underground pipes and diverted to the storm drainage line in Live Oak Loop. From there, storm waters flow in a southerly direction with ultimate discharge into Bear Creek. S. Streets and Traffic: The following facts relate to nearby streets and traffic: A. Access: The property has two points of access. The subject property will have access out of the Beebe Wood PUD from Oakview Avenue to the East and Brookdale Avenue to the South. Internally, Live Oak Loop will serve the subject property. B. Street Ownership and Classification: Meadowbrook Drive, Oakview and Brookdale Avenues are City owned and maintained streets. Meadowbrook Drive is classified by the City of Central Point as a collector street. The City classifies Oakview and Craig A. Stone 8 Associates, Ltd. paw ~ 0 Joly 2004 Beebe Wood Planned Unit De~efapment Amendment City of Central Point, Oregon Galpin, LLC: Applicant Brookdale Avenues as local streets. Live Oak Loop and all other streets within the Beebe Wood PUD are privately owned and maintained. C. New Traffic Loading: Based upon the source reference, Trip Generation, Institute of Transportation Engineers (Sty' edition} single-family dwellings produce traffic at the rate of 9.55 vehicle trips on an average weekday. With 4 additional housing units, this project will produce 38 new vehicle trips an an average weekday. Approximately l0 percent of these, or 4 trips will occur during the p.m. peak hour. At its approval, the Beebe Wood PUD was estimated to produce 974 vehicle trips an an average weekday. The total combined vehicle trips, including those for Phase 4, is 1,012 trips.3 9. Electricity; Natural Gas; Telephone; CATV; Cellular Telephone: The subject property is served in adequate capacity by Pacifc Corporation (electricity), Avista Utilities, Inc. (natural gas}, U.S. West (telephone} and CATV. 10. Solid Waste Disposal; Recycling: Solid waste collection, storage and recycling is provided by franchise through Rogue Disposal and Recycling, Inc. 11. Topography: The subject territory is nearly level with a slight grade that drains the property from east to west. 12. Permitted and Proposed Land Uses: The proposed residential uses within the R-2 zone includes five single family attached homes and one single family detached home. The single-family homes will be constructed on individual lots, each having between, 2,052 to 19,6$9 square feet. 13. Dwelling Density: Maximum density under the present zoning designation of R-2 is 12 dwelling units per gross acre. At maximum permitted density, the 0.87 acre subject property could be developed with 10 dwelling units. The proposed development has S total housing units, for a total density of or 5.74 units per acre. One of the housing units, the single family dwelling now exists. 14. Operating Characteristics of the PUD: The following individual uses within the Planned Unit Development will have the operating characteristics noted below: The single family dwellings are intended by applicant to be owner-occupied and will operate as will any other housing unit, the characteristics of which is a matter of common knowledge. 15. Value and Appropriate Development: It is herewith the testimony of applicant's agent, Craig Stone, that the based upon the location, size and design of the PUD, that it will produce no greater than minimal adverse impacts upon the value of land and improvements 3 i07 residential single family units x 9.55 = 1021 ADT and traffic from the existing single family dwelling is included in this figure. Craig A. Stone & Associates, Ltd. Page 1'i July 2004 Beebe Wood Planned Unit i]e~elopment Amendment Ciry of Central Poirst, Oregon Galpin, LLC: Applicant and appropriate development in the abutting and surrounding area. Stone's conclusions are based upon the following considerations: ^ The PUD proposes appropriate screening in the form of fencing and/or fencing anal landscaping around the west and north perimeter. ^ Dwellings along the north boundary, adjacent to an existing single-family residential subdivision (Parkwood Village}, will all be of two-story homes designed so that no windows are allowed on the second story of the dwellings. ^ The subject property has a circulation system that is safe, adequate and convenient. ^ There is nothing about the PUD and the uses proposed which produce any adverse impacts other than those that are common and customary to urban development. ^ While this project will produce additional traffic loading, the same is an anticipated and necessary product of planned urbanization. 16. Surrounding Laud Uses and Development: Based upon Exhibits 5 and 7, the fallowing land uses are found to exist upon properties that are adjacent to the subject property: A. North: There is a new, existing subdivision located north and adjacent to the subject property. The subdivision lots average approximately 3,000 square feet. Dwellings occupy the subdivision lots. B. South: Land to the south consists of the approved Beebe Wood PUD. Construction of the infrastructure has occurred and the City of Central Point has approved a Final Plat application for Phase 1 of the subject property. C. East: Land to the east consists of the approved Beebe Wood PUD. Construction of the infrastructure has occurred and the City of Central Point has approved a Final Plat application for Phase 1 of the subject property. D. West: Land to the west (across Hamrick Raad) is vacant land planned and zoned for commercial use. A recent Walmart application has been denied for the property. To the west (but further north) there are large acreage parcels developed with single-family dwellings. VII PROPOSED CONCLUSIONS OP t..AW The following conclusions of law are based upon the findings of fact in Section VI and the evidence enumerated in Section lV, and has been prepared so that the same may be adopted by the Planning Commission in support of the pending applications: Craig A. Stone 8, Associates, Ltd. Page t2 July 20Q4 Beebe Wood Planned Unit Qevelapment Arnendmertt City of Central Point, Dregon Cyalpin, LLC: Applicant Criterion 1 R-2, Residential Twa-Family District The criteria governing the approval of Development in an R-2 Zoning District are set forth in Chapter 17.24 and provide: 17.24.020 Permitted uses. The following uses and their accessory uses are permitted in the R-2 district: F. One single-family dwelling 17.68.090 Accessory uses in a planned unit development B. Private Park 17.24.030 Conditional uses. The following uses and their accessory uses are permitted in the R-2 district when authorized by the planning commission in accordance with Chapter 17.76: G. Planned unit developments in accordance with Chapter 17.68 Canclusrans of Law: The Planning Commission concludes that the proposed dwellings, while attached to one another in clusters of two, are single family dwellings which are permitted uses in the R-2 zoning district. The Planning Commission concludes that Planned Unit Developments are conditional uses in an R-2 zone. The Findings of Fact and Conclusions of Law herein support the approval of a conditional use permit for the purpose of approving a Planned Unit Development. Based upon the foregoing findings of fact and conclusions of law, the Planning Commission concludes that the application is consistent with the requirements of Criterion 1 because all of the contemplated uses in this project are permitted or conditional uses that have been appropriately authorized pursuant to the relevant substantive criteria contained in the Central Point Zoning Ordinance (ZO). Planned Unit Development 17.68.020 Size of the Planned unit development site. A PUD shall be on a tract of land five acres or larger, except that a PUD may be on a tract of land or 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 condit'sons exist: C. The property is adjacent to or in the immediate vicinity of a planned unit development of similar design as that proposed and the developments would complement each other without significant adverse impact on surrounding areas, 17.68.40 Criteria to Grani or Deny a PUD. Criterion 2 A. That the development of a harmon'saus, integrated plan justifies exceptions to the normal requirements of this title; Craig A. Stone & Associaies, Lid. Page 13 July 2004 Beebe Wood Planned Unit Development Amendment Cityo[ Central Point, Oregon Gilpin, LLC: Applicant Conclusions of Law: The Planning Commission concludes that the proposed PUD is an integrated harmonious plan for which the only proposed exception is use of a private street to provide access. Based upon the findings of fact in Section Vl, the evidence enumerated in Section IV and applicant's stipulations in Section V, the Planning Commission further concludes that the PUD plan has justified this exception to the normal requirements of the zoning ordinance -Title I7 of the Central Point Municipal Code in compliance with Criterion 2. Criterion 3 B. The proposal will be consistent with the comprehensive plan, the objectives of the zoning ordinance and other applicable policies of the city: Conclusions of Law: The fact that Criterion 3 requires consistency with the goals and policies of the comprehensive plan does not make all goals and policies decisional criteria. See, Bennett v. City of Dallas, 17 Or LUBA 450, affd 96 Or App 645 (1989). ~n that and subsequent cases, the courts have held that approval criteria requiring compliance with a comprehensive plan does not automatically transform all plan goals and policies into decisional criteria. A determination of whether particular plan goals and policies are approval criteria must he based on the language used in the goals and policies and the context in which they appear. Plan goals and policies that are permissive rather than mandatory, or that merely encourage or suggest a course of action, are also not approval criteria. Based upon the foregoing, the Planning Commission concludes that the following comprehensive plan goals and policies are appropriately construed and apply in this instance as approval criteria under Bennett v. City of Dallas and those which are not cited and addressed below, are not, in this instance, approval criteria: Noise Policy 3. The City shall require property owners to master plan land use and design of new developments to control and minimize noise through such requirements as site orientation, buffering, distance separation, insulation, or other design features. Conclusions of Law: The proposed project has been master planned and approved by the Planning Commission. The Phase 4 portion of the project has, as its only potential source of noise, the dwellings themselves. Moreover, applicant has proposed substantial landscape screening and fencing to separate and buffer the adjacent lands located outside the project boundaries. See, Exhibit 3. The existing sax foot tall solid vinyl fence will produce sound attenuation. The Planning Commission concludes that these mitigation features seek to control and minimize noise through use of the measures enumerated in Noise Policy 3. Therefore, the Planning Commission concludes that the land use applications are consistent with Noise Policy 3. Parks and Recreation Policy 2: To provide an equitable distribution of recreation facilities throughout the Community to ensure the easiest possible access by al! local residents. Conclusions of Law: The Planning Commission concludes that the approved Beebe Wood PUD has already proposed a private park in the southwest portion of the development and Craig A. Stone & Associates, Ltd. Page 14 July 2004 Beehe Woad Planned t}nlf Development Amendment City of central Point, Oregon Galpin, LLC: Applicant open space throughout, Therefore, the Planning Commission concludes that this project will provide for an equitable distribution of recreation facilities in this portion of the community. The Planning Commission also concludes, based upon the plans in Exhibit 2, that while the planned private park facility will be maintained by the owners of the project, it will be available for use and enjoyment by the general public. As such, its location at the southwest corner of the property, will make the park more accessible to people who live outside the project boundaries. Far these reasons, the Planning Coznrnission concludes that this project provides for an equitable distribution of recreation facilities throughout the Community and will ensure the easiest possible access by old local residents in conformance with Parks and Recreation Policy 2. Parks and Recreation Policy 3: To enhance neighborhood and Community quality by providing for development of attractive, functional, and accessible parks and open space areas throughout the City. Conclusions of Law: Based upon the plans in Exhibit 2, the Planning Commission concludes that the planned park facilities within the already approved project are attractive, functional and accessible, and comply with the requirements of Parks and Recreation Policy 3. Site Development Poticy 1; Ensure that all new development is in conformance with City codes, as well as applicable state and federal requirements. and Site Development Poticy 4: Ensure through the plan review process that al( proposed developments are consistent with the Comprehensive Plan and are of the highest possible quality. Conclusions of Law: Based upon the foregoing findings of fact and conclusions of law, the Planning Commission concludes that the application is consistent with Site Development Policies l and 4 because the proposed development is in conformance with City codes and applicable state and federal requirements and are of the highest possible quality. In instances where there are exceptions to the strict regulations of the Zoning Ordinance, the same have been specifically authorized as part of this Planned Unit Development. Site Development Policy 5: Ensure that proposed development plans will not create obstacles to the future development of adjacent parcels. Conclusions of Law: Property north, south and east of the subject property, are fully urban developed as single family residential subdivisions. Land to the west is Hamrick Road. As such, the proposed development plans will not create obstacles to the future development of adjacent parcels, in compliance with Site Development Policy 5. City Street Development Policy 7: Include considerations of bicycle and pedestrian facilities in all street improvements and in the design of new streets. Conclusions of Law: AlI planned private streets within the PUD, are improved to the city's TOD standards for a courtyard lane. Common area greenways are planned with concrete pathways for pedestrian use. Therefore, the Planning Commission concludes that the application is consistent with the requirements of City Street Development Policy 7. Craig A. Stone & Associates, Ltd. Page #5 July 2004 Beebe Wood Planned llttit Development Amendment Gity of Central Point, Oregon Galpin, LLC: Applicant Summary Co~ielusions of Law: Based upon the foregoing findings of fact and conclusions of law, the Planning Commission concludes that the application is consistent with the requirements of Criterion 2 because the proposal is consistent with the comprehensive plan, the objectives of the zoning ordinance and other applicable policies of the city. Criterion 4 C. The location, size, design and operating characteristics of the PUt~ will have minimal adverse impact on the livability, value or appropriate development of the surrounding area; Conclusions of Law: The location of the PUD is shown in Exhibit 2. The size of the PUD is established in the Findings of Fact in Section VI as being 9.65 acres total including 0.87 acres that is proposed to be added to the existing PUD as part of this application. The design of the PUD is shown in the plans at Exhibit 2. The operating characteristics of the PUD are set Earth in the Findings of Fact in Section VI. As to liveability, in McCoy v. Linn County, 16 Or LUBA 295, 301-302 (1987), affd 90 Or App 271 {1988), it was held that a similar standard required the fact finder to identify the qualities and characteristics which constitute "livability" and determine whether the proposed use will cause mare than a minimal adverse impact upon those. Based upon the evidence, the Planning Commission concludes that the qualities and characteristics that constitute "livability," in this instance, include a relatively quiet environment that is free from excessive traffic and unsafe conditions. The Planning Commission concludes, based upon the evidence and the location, size, design and operating characteristics of this PUD (as herein established), that it will produce no greater than minimal adverse impacts upon the relatively quiet environment, which does not have excessive traffic or unsafe conditions, for the fallowing reasons: 1. The subject property and surrounding area is planned and zoned to accommodate urban residential development. By its nature, some noise is produced by urban residential uses that, the Planning Connnission concludes, are neither excessive nor offensive. The Planning Commission also concludes that levels of noise typical of an urban residential area, are not adverse impacts which more than minimally affect the liveability of the surrounding area. 2. As above described, the subject property is planned for urban residential development pursuant to the Central Point Comprehensive Plan. No change or amendment to the plan is required or proposed for this project. Moreover, traffic levels associated with the various forms of planned urbanization have been taken into account as part of the legislative enactments that adopted the plan and its implementing ordinances. As such, the Planning Commission concludes that the levels of traffic that will result from this project are neither unplanned nor excessive. And, the impacts upon the surrounding area that will be produced by this development, will not result in impacts upon liveability that are greater than minimal. Craig A. Stone & Associates, Ltd. Page 16 Judy 2t]04 Beebe Wood Planned Unit i]evefopment Amendment City of Centra€ Point, Oregon Galpin, LLC: App€icant 3. Based upon the design and layout of this project (as shown by the plans in Exhibit 2) the Planning Commission concludes that it will not produce unsafe conditions that more than minimally produce adverse impacts upon the liveability of the surrounding area, As to appropriate development, based upon the Findings of Fact in Section Vl, the Planning Commission concludes that all adjoining lands have been developed with urban uses. The Planning Commission herewith incorporates and adopts these findings of fact and conclusions of law made for plan Site Development Policy 5 and concludes, herewith, that the approval of this project will not produce a greater than minimal adverse impact upon the appropriate development of the surrounding area. As to value, based upon the Findings of Fact in Section VI, the Planning Commission concludes that the approval of this project will not produce a greater than minimal adverse impact upon the value of property and improvements in the surrounding area. Based upon the foregoing findings of fact and conclusions of law, the Planning Commission concludes that the application is consistent with the requirements of Criterion 4 because (based upon the location, size, design and operating characteristics of the PUD) it will produce no greater than minimal adverse impacts upon the livability, value or appropriate development of land and improvements in the surrounding area. ~:*~x*>k*~*~*>k~x*>k**~~*~:*~~x*~~x*x~*>k~x*~>k>!:*~**~**>x Criterion 5 D. That the proponents of the PUD have demonstrated 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 within a reasonable time as determined by the commission; Conclusions of Law: Based upon applicant's stipulation in Section V, the Planning Commission concludes that applicant intends, and has already demonstrated, that construction of Phase 1 of this project has begun and that final plat approval has been granted by the City of Central Point. The subject property will be added to the Beebe Wood PUD, which has already been approved by the City of Central Point. Therefore, the Planning Commission concludes that the PUD is consistent with Criterion 5. >K*>K*~x*>K*>k~x*~*~~x**~:*~~x*~~x*x~~*>k~x~~>k*>K~*>x*x~~~~ Criterion fi 1=. That traffic congestion wsll 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; Conclusions of Law: The Planning Commission concludes that while this project will produce additional traffic upon nearby streets, the traffic levels are neither unplanned nor do they constitute traffic congestion in the context of Central Point's urban environment. These applications do not involve changes in comprehensive plan map designations or zones, nor do Craig A. Stone & Associates, Ltd. Paget 7 July 20Q4 Beebe Wood Planned Unlt Development Amendment City of Central Point, oregon Galpin, LLC: Applicant they contemplate unplanned housing densities. The Planning Commission also concludes, based upon applicant's plans in Exhibit 2, that the design of the project includes demonstrable provisions for proper entrances, exits, internal traffic circulation and parking. Therefore, the Planning Commission concludes that the PUD is consistent with Criterion 6. Criterion 7 F. That commercial development in a PUD is needed at the proposed location to provide adequate commercial facilities of the type proposed; G. "t"hat proposed industrial development will be efficient and well-organized with adequate provisions for railroad and truck access and necessary storage: Conclusions of Law: The Planning Commission concludes from the evidence that this proposed development contains neither commercial nor industrial development. Therefore, compliance with Criterion 7 is established by reason of inapplicability. Cri#erion S H. The PUD preserves natural features such as strean-ss and shorelines, wooded cover and rough terrain, if theses are present; Conclusions of Law: Based upon the findings of fact and the evidence, the subject property does not include any natural features (such as streams and shorelines, wooded cover and rough terrain}. There are, also not jurisdictional wetlands present on the property according to the National Wetland Inventory. Therefore, the Planning Commission concludes that the PUD is consistent with Criterion $ by reason of inapplicability. Criterion 9 I. The PUC1 will be compatible with the surrounding area; Conclusions of Law: The surrounding area is depicted on the recent aerial photograph attached as Exhibit 7. As shown on Exhibits S and 6, the surrounding area consists of detached single-family dwellings on individual lots, located to the north of the subject property. To the East and South is the existing Beebe Woad PUD. Phase 1 of Beebe Wood PUD has been platted and housing on the parcels is expected in 2004 and 2005. Land to the west (across Hamrick Road} is presently vacant and planned for future commercial use. Existing residential development in the area is consistent with the residential housing densities and housing types anticipated by the comprehensive plan and zoning ordinance. The Craig A. Stone & Associates, Ltd. Page 18 July 2004 Beebe Wood Piannad Unit development Amendment City of Central Point, Oregon Galpin, LLC: Applicant comprehensive plan and zoning ordinance produces and anticipates a planned mixture of housing types and densities and the Planning Commission concludes them to be appropriate and compatible with the development planned to occur on the subject property. Moreover, based upon the Findings of Fact in Section VI: ^ The PUD proposes appropriate screening in the form of fencing and/or fencing and landscaping around the west and earth project perimeter. ^ Dwellings along the north boundary, adjacent to an existing single-family residential subdivision, will all be of two-story construction. There will be no windows along the second story of the buildings, so as not to infringe upon the privacy of the existing adjacent yard spaces. • The subject property has a circulation system that is safe, adequate and convenient. ^ There is nothing about the PUD and the uses proposed which produce any adverse impacts other than those that are common and customary to urban development. ^ While this project will produce additional traffic loading, the additional traffic is an anticipated and necessary product of planned urbanization and is not incompatible with the surrounding area. Therefore and based upon the foregoing findings of fact and conclusions of law and applicant's stipulations in Section V, the Planning Commission concludes that the proposed PUD will be compatible with the surrounding area in compliance with Criterion 9. Criterion 70 J. The PLtp will reduce need for public facilities and services relative to other permitted uses for the land. Conclusions of Law: The findings of fact in Section VI, describes the levels of public facilities and services that are available and necessary to serve the subject property. The Planning Con~unission interprets Criterion 10 to require a showing that the need for one (or more) public facilities and services is reduced by the PUD (in comparison to other permitted uses}. The Planning Commission also concludes that public facilities and services consist of sanitary sewers, public water, storm drainage, streets and transportation and utilities, their installation, maintenance and upkeep. This PUD is to be served by private streets. As private streets, there will be no requirement for future maintenance and upkeep at the public expense. As such, this PUD will reduce need for fixture public street facilities maintenance and upkeep services. Therefore, the Planning Commission concludes that the proposed PUD will reduce need for public facilities and services relative to other permitted uses for the land in compliance with Criterion 10. Craig A. Stone & Associates, t.td. Page 19 July 2004 Beebe Wood Planned Unit De~a[opment Amendment City of Central Point, Oregon Galpin, LLC: Applicant Criferion 71 17.68.Q8Q Exceptions to zoning and subdivision titles. The planning commission may a11ow exceptions within a PUD for dimensions, site coverage, yard spaces, structure heights, distances between structures, street widths or off-street parking and loading facilities differing from the specific standards for the zoning district in which the PUI} is located. Exceptions shall be based upon the applicant's demonstralion chat the objectives of the zoning and subdivision titles of this code will be achieved. Conclusions of Law: The Planning Commission concludes that this project, in general, seeks few exceptions to the normal requirements of the city's zoning and subdivision titles. For areas where exceptions are sought, the Planning Commission concludes as follows: The proposed dwellings are permissibly attached single-family dwellings. There is further authority to attach the dwellings as part of a padlot development, which this is. Specifically, padlot development ----- pursuant to zoning ordinace 17.60.210 - is permitted in the R-2 zone and expressly requires the dwellings to be attached. Moreover, as a padlot development, the development is exempt from the lot area, width, depth, yard, setback, and lot coverage requirements that otherwise apply within the R-2 district. 2. The ordinary provisions of the zoning ordinance require each dwelling to have two off- streetparking spaces in a garage or carport. In this project, each unit has atwo-car garage with driveway apron space for two additional vehicles,. The Planning Commission concludes that sufficient parking is provided to meet the objectives of the city's Zoning and Subdivision Ordinances. Therefore, the Planning Commission concludes that this exception is permissible. 3. The proposed streets, which internally serve the lots within this project, are private streets that permissibly deviate from the typical standards of the city. An additional exception is by way of the location of sidewalks. fn this project, the sidewalks, rather than provided adjacent to the streets, are provided between the housing units. The Planning Commission concludes that the planned sidewalks provide for appropriate pedestrian circulation that is consistent with the objectives of the city's Zoning and Subdivision Ordinances. Therefore, the Planning Commission concludes that this exception is permissible. 4. Based upon the foregoing findings of fact and conclusions of law, the Planning Commission concludes that the application is consistent with the requirements of Criterion 11 because, where not otherwise permitted by the padlot provisions of the zoning ordinance, the exceptions to the Zoning and Subdivision titles of the Central Point Municipal Code have been demonstrated to achieve the objectives of the said Code Titles. Conditional Use Permit Criterion 72 Craig A. Stone & Associates, Ltd. Page 20 July 2004 Beebe Wood Planned Unit Development Amendment City of Central Point, Oregon Galpin, LLC: Appliaanf 17.76.040 Findings and conditions. The planning commission in granting a conditional use permit shall find as follows: A. That the site for the proposed use is adequate in size and shape to accommodate the use and to meet a!I other development and lot requirements of the subject zoning district and all other provisions of this code; Coucl~lsions of Law: The Planning Commission concludes that, other than exceptions from the typical standards of the Central Point Zoning Ordinance and Subdivision Ordinance that are permissible and which have been approved as part of the Planned Unit Development, this project meets all other development and lot requirements of the subject R-2 zoning district and all other provisions of the zoning ordinance. The Planning Commission also concludes, based upon Exhibits 2 and 3, the Findings of Fact in Section VI and applicant's stipulations in Section V, that the situ far the proposed use is adequate in size and shape to accorrunodate the use. Therefore, the Planning Commission concludes that this application is consistent with Criterion 12. Criterion 13 B. That the site has adequate access to a public street or highway and that the street or highway is adequate in size and condition to effectively accommodate the traffic that is expected to be generated by the proposed use: Conclusions of Law: As set forth in the Findings of Fact in Section VI, Phase 1 of the subject property development, has adequate, existing access to Oakview and Brookdale Avenues, paved city street with curbs, gutters, concrete sidewalks and streetlights. Oakview connects to Meadowbrook Drive and Brookdale will connect to Meadowbrook Drive and Hamrick Road, both streets that are fully improved to urban standards with asphalt paving, curbs and gutters. In the case of Hamrick Road, it also has designated bicycle lanes on both sides of the street. Based upon the findings of fact in Section VI, the Planning Commission concludes that with development of the planned streets in Beebe Woad FUD, this site (Phase 4) has adequate access to a public street which is adequate in size and condition to effectively accommodate the traffic that is expected to be generated by the proposed PUD revision, which includes five dwellings, four of which will be new.. Therefore, the Planning Commission concludes that this application is consistent with Criterion 13. Criterion T4 G That the proposed use will have no significant adverse effect on abutting property or the permitted use thereof. In making this determination, the commission shall consider the proposed location of improvements on the site, vehicular ingress, egress and internal circulation; setbacks; height of buildings and structures; walls and fences; landscaping; outdoor lighting; and signs; a The original Beebe Wood PUD was estimated to generate 974 vehicle trips a day. The subject property is estimated to generate 57 additional trips, for a total of 1031 average vehicle trips a day. Craig A. Stone & Associates, Ltd. page 21 July 2004 Beebe Waad Planned Unit i]eve[opment Amendment City of Central Point, pregon Galpin, LLC: Applicant Conclusions of Law: Tn its consideration of the application, the Planning Commission has examined the potential for adverse impacts upon abutting properties and reaches the following conclusions of law: 1. Location of Improvements: The locations of the planned improvements are shown on the plans in Exhibit 2. There is nothing in the location of the improvements that serves the produce impacts (which rise to the level of significant} upon any abutting property or the permitted use thereof. 2. Vehicular Ingress and Egress: The locations of planned points of ingress/egress {access) are shown on the plans in Exhibit 2. The property has two points of access: 1}Prom Live Oak Loop by way of Oakview Avenue (which was stubbed into this property to accommodate its planned extension) by way of Meadowbrook Drive, and 2) by the Brookdale Drive west to connect with Hamrick Road. There is nothing in the location of ingress and egress far this project which will produce impacts (that rise to the level of significant) upon any abutting property or the permitted use thereof. 3. Internal Circulation: The planned internal circulation system is shown on the plans in Exhibit 2. The Planning Commission concludes from the evidence that the circulation system is adequate and appropriate to transport vehicles, bicycles and pedestrians. There is nothing in the internal circulation for this project that will produce impacts (that rise to the level of signif cant) upon any abutting property or the permitted use thereof 4. Setbacks: The locations of the planned improvements are shown on the plans in Exhibit 2. While not required of padlot developments, the planned dwellings generally observe the otherwise required setbacks of the R-2 zoning district and are appropriate. There is nothing in the planned setback of buildings that serves the produce impacts {which rise to the level of significant) upon any abutting property or the permitted use thereof. 5. Building Height: The design of the planned dwellings are shown in Exhibits 2, 3 and 7. There is nothing in the planned setback of buildings that serves the produce impacts (which rise to the level of significant} upon any abutting property or the permitted use thereof. 6. Wails and Fences: There is an existing solid vinyl fencing along the west and north property boundaries. The existing fencing separates the subject property from the existing urbanization, which is contiguous to the subject property. There is nothing in the way of fencing (or walls) which serves the produce impacts (which rise to the level of significant) upon any abutting property or the permitted use thereof 7. Landscaping: Based upon the Exhibit 3 Landscaping Plan, all portions of the property not occupied by dwellings, streets, driveways and pedestrian paths, is intended to be fully landscaped. There is nothing in the planned landscaping which serves the produce impacts (which rise to the level of significant) upon any abutting property or the permitted use thereof Craig A, Stone & Associates, Ltd. page 22 July 2004 Beebe Wood Planned Unit De~efopment Amendment City of Central Paint, Oregon Galpin, LLC: Applicant 8. Outdoor Lighting: Applicant has agreed to stipulate that exterior pole lighting will be shrouded sufficiently so that it does not east direct light upon adjoining properties. If the exterior pole lighting is shrouded pursuant to applicant's stipulation, there is nothing in the planned exterior lighting improvements that serves the produce impacts (which rise to the level of significant} upon any abutting property or the permitted use thereof. 9. Signs: The Planning Commission concludes that no signs are proposed at this time. Applicant has agreed to apply separately for sign permits and to comply with the regulations of the city. If the city's sign regulations are observed, there is nothing in the way of signs that will produce impacts (which rise to the level of significant} upon any abutting property or the permitted use thereof. 10. Based upon the foregoing findings of fact and conclusions of law, the Planning Commission concludes that the application is consistent with the requircments of Criterion I4 because the proposed project will have no significant adverse effect on abutting property ar the permitted use thereof, based upon the Planning Commission's consideration of proposed location of improvements on the site, vehicular ingress, egress and internal circulation, setbacks, height of buildings and structures, walls and fences, landscaping, outdoor lighting, and signs. Criterion 75 D. That the establishment, maintenance or operation of the use applied for will comply with local, state and federal health and safety regulations and therefore will not be detrimental to the health, safety or general welfare of persons residing or working in the surrounding neighborhoods and will not be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the community based on the review of those factors lisked in subsection C of this section; Conclusions of Law: Plans for the proposed project are shown in Exhibit 2. The "operational characteristics" of this use - a planned padlot developmentlPlanned Unit Development - are set forth in the Findings of Fact in Section VI. Based upon the evidence, the Planning Commission concludes that the establishment, maintenance and operation of the planned project will comply with local, state and federal health and safety regulations. Therefore this project will not be detrimental to the health, safety or general welfare of persons residing or working in the surrounding neighborhoods and will not be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the community. In reaching this conclusion, the Planning Commission has based its conclusion on the proposed location of improvements on the site, vehicular ingress, egress and internal circulation, setbacks, height of buildings and structures, walls and fences, landscaping, outdoor lighting, and signs. Criterion 16 Craig A. Stone & Associaies, Lid. Page 23 July 2004 Beebe Wood Planned Unit Development Amendment City of Central Point, Oregon Galpin, LLC: Applicant E. Thai any conditions required for approval of the permit are deemed necessary to protect the public health, safety and general welfare and may include: 1. Adjustments to lot size or yard areas as needed to best accommodate the proposed use; provided the lots or yard areas conform to the stated minimum d"imensions for the subject zoning district, unless a variance is also granted as provided for in Chapter 17.80, 2. Increasing street widths, modifications in streel designs or addition of street signs or traffic signals to accommodate the traffic generated by the proposed use, 3. Adjustments to off-street parking requirements in accordance with any unique characteristics of the proposed use, 4. Regulat€on of point of vehicular ingress and egress, 5. Requiring landscaping, irrigation systems, lighting and a property maintenance program, 6. Regulation of signs and their locations, 7. Requiring fences, berms, walls, landscaping to include trees and shrubs, or other devices of organic or artificial composition to eliminate or reduce the effects of noise, vibrations, odors, visual incompatibility or other undesirable effects on surrounding proper#ies. 8. Regulation of time of operations for certain types of uses if their operatiens may adversely affect privacy of sleep of persons residing nearby or otherwise conflict with other community or neighborhood functions, 9. Establish a time period within which the subject land use must be developed, '10. Requirement of a bond or other adequate assurance within a specified period of time, '1 1 , Such other conditions that are found to be necessary to protect fhe public health, safety and general welfare, 12. In considering an appeal of an application for a conditional use permit for a home occupation, the planning commission shall review the criteria listed in Section 17.60.190 (Ord. 16$4 §72, 1993: Ord. 1615 §55, 2989: Ord. 1533 §1 2984: Ord. 1436 §2(part), 1981).1 Conclusions of Law: The Planning Commission concludes that these provisions, listed among the approval criteria, do not operate as tests prerequisite to approving an application. Instead, the provisions simply enumerate the various topics for which the Planning Commission is entitled to impose conditions. Therefore, the Planning Commission concludes that the application is consistent with Criterion 16 by reason of inapplicability. VIII ULTIMATE CONCLUSIONS The Central Point City Planning Commission ultimately concludes that the proposed land use applications which seek approval of: 1} a Planned Unit Development (PUD), 2) a Conditional Use Permit, and 3} Tentative Plan for a Padlot Subdivision Development are compliant with all of the relevant substantive standards and criteria contained in the Central Point Municipal Code and other standards in state and federal law. Craig A. Stone & Associates, Ltd. Page 24 Juty 2004 Beebe Waod Planned Unit Develaptnent Amendment City of Central Point, Oregon Galpin, Lt.C: Applicant Respectfully submitted on behalf of applicant: CRAIG A. STONE & ASSOCIATES, LTD. Craig A. Slone & Associates, Lid. Page 25 July 20D4 Dated: July 23, 2003 TRcc i.~GEN'a t.aw ..er .rr<[~ moos Heu.,.,tr o<rxx r:.K•:~ /~~/~-~ rt_i. ~.N rv~+}vm[t[.._~M'.r`•Lr•[:u ~.Ci ireR=.xr.nr^:C•.:+• /'~.~ •id[sats rst[_ G4r._.x<.irv_ret st_~: ttr..f`Rr-a Mlhvs.:.ac r4•. [vfC'4YMr:f+(f4. 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DOX 9271 ~uN[ 34. 200. M£DFORD. OR 075¢1 j PAGE 2 OF 2 p Subject Boundary ` Tax Lots Source: Jackson County G1S Services Exhibit 5 k Aeriai Photo rah w~~ 9 p 5 37 -2W-~1CB, Tax Lat 2~Q Applicant: C,A. Galpin Craig A. Stone & Associates, Ltd. Medford, Oregon ~~ Q q;}p Feet Qate :July 16, 2004 Zoning uv E,mas 3.J s,a;ea d«masry 7AK FOSS Central Poin! Zmirt9 Res S:nglaF'amsy 6.06P Si Ltts ~] R@5 $Irgl9 Kamfty 8.0605f Lacs Rss:aertoeLMUlip:oFam•{y ~~_'~ Re5~0entiN'wa Fam2y 1 -..' 1 Thourougttlo+n Lan.-rerc~o: RSFq Fc:rrt!1 L O~^A Pr@I R51nq Exhibif 6 Zoning Map 37 -2W-01 CB, Tax Lot 200 Applicant: C.A. Galpin Craig A, Sione & Associates, Ltd. Medford, pregon I'7ate : July 76, 2004 ~r ~.~e s Source: Jac€cson Couniy GIS Services 40Q 0 4tf0 feet At~ilC~ll7(llCTlt ccCss RECOMMENDED PLANNING DEPARTMENT COND)rTIONS OF APPROVAL A fznai 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 March 7, 2005. A six month extension maybe granted by the City upon the applicant's request and for goad cause. 2. The project must comply with all applicable local, state, azld federal regulations including, but not limited to, the Oregon Uniform Fire Code and Structural Specialty Code. 3. The applicant shall submit final parking, landscaping, lighting and sign plans to the City for approval as part of the 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 development and zrzaintenance of public greenways and the private park. 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. 11CPCHSIICITI' GVI€)~1}'LANN1NC104034.DbC