Loading...
HomeMy WebLinkAboutResolution 664 - Creekside Village PUD PLANNING COMMISSION RESOLUTION NO. ~~~ A RESOLUTION GRANTING TENTATIVE PLAN APPROVAL FOR A PLANNED UNIT DEVELOPMENT KNOWN AS CREEKSIDE VILLAGE (Applicant: Paul Grout) {37 2W 1 ODC Tax Lat 100) Recitals 1. Applicant(s) hasChave submitted application for tentative six (6) lot land division on a 1.02 acre parcel located on property identified by Jackson County as Map 372W 10DC-100 in the City of Central Point, Oregon. 2. On September 6, 2005, the Central Point Planning Camznission conducted aduly-noticed public hearing on the application, at which tune it reviewed the City staff reports and heard testimony and comments on the application. Now, therefore; BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF CENTRAL POINT, OREGON, AS FOLLOWS: Section 1. Criteria Applicable, to„Decision. The fallowing chapters of the Central Point Municipal Code apply to this application: A. Chapter 17.20, R-1, Residential Single Fazxzily District B. Chapter 17.b8, Planned Unit Development C. Chapter 16.10, Tentative Plans Section 2. Finding and Conclusions. The Planning Commission hereby adopts by reference all findings of fact set forth in the City staff reports, and concludes that, except where addressed in the conditions of approval, the applications and proposal comply witkz the requirements of the following chapters of the Central Point Municipal Code: A. Chapter 17.20, relating to uses, lot size, lot coverage, setback and building height. B. Chapter 17.68, relating to approval process, common ownership and maintenance. C. Chapter 16.10, relating to required information on plat, processes and the assignment of conditions by the City pertinent to the application. Planning Commission Resolution Na. to ~o C~ (09/0612005} Section 3. _Crn~~iiii~ r~~1 1ppr~~val. "1~17e applications for tetlt~I~ivc i<~nd partition l~orcin is hereby approved, subj~~a !« ~I~~~ Cx7nt~ititr7~ pct ~`orth on Exhibit "A", bci]1;1; ik~c offici<~i ti~,z(1~ICa~~:~rt attached hereto by reference incc~rp~n~tlte~ci hcrcin, imposed under ~ul~hr~rity ofCl''~IViC t.:.h<<~~it:I~ 16.36. T'assed by the Planning Commission anti signed lay me in a~atltenticatiot~ of its passage this 6th day of September, 2C1t~5. 1 ia1 LIS~9~~ ~t~~~lIA~~~~~I (_~~ Iw/A 1. ~~y~ ATTEST: ....~ _ _ ___, Cit;~ ltepr~ ~~~1tEItIV~" Approved by me this 6tt, day of September, 20ClS. P'1at~r~~7~~;t:.;ol.~m~~~~~;,,,~ C~;~11 ~,r Planning Commission Resolution No. ~,,,,'~ ~~ _(09/Q6i2f~~S) PLANNING DEPARTMENT STAFF REPORT MEETING DATE: August 2, 2005 TO: Central Point Planning Commission FROM: David Alvord, Community Planner SUBJECT: Public Hearing - To consider a Preliminary Development Plan and Tentative 61ot subdivision known as the Creekside Village PUD. The subject property is located west of Snowy Butte Land and north of Beall Lane in an R-1-6 zoning district(372W1 ODC) Tax Lot 100. A licant: Paul Grout P.O. Box 8210 Medford, OR 97504 Owner; Raseann Wagner 1772 Beall Lane Central Point, OR 97502 A-gent: Sanne as applicant Sr~mznary: The applicant has submitted a preliminary development plan to create a PUD and subdivide an existing tax lot into 6 residential lots. The open space component will be incorporated into an existing city park and a development to the north and west of the proposed PUD. Aufh©rity: CPMC 1.24.OS0 vests the Planning Commission with. the authority to hold a public hearing and render a decision on any application far a Preliminary Development Plan and Tentative Subdivisian. Notice of Public Hearing was given in accordance with CPMC 1.24.060 (Attachment A}. Applicable Law: CPMC 16.10.01.0 et. Seq. -Tentative Plans CPMC 17.20.01.0 et. Seq. - R-1, Residential Single-b'amily District CPMC 17.6&.010 et. Seq. - Planned Unit Development (PUD) ~~ Background• The property is planned foz'single-family residential and zoned R-1-G. The density requirements for R-1_G zoning districts allows for a niaximuzn density of G units per acre. Minimum lot size is G,000 square feet with a minimum width of 60 feet for interior lots and 70 feet for corner Iots. The applicant is presenting a tentative development plan for a G Iot Planned Unit Development to be known as Creekside Village. The 25 foot mandatary setback of Griffin Creek will be utilized for open space which will tie in with Flanagan Park and designated open space area west of the proposed PUD shown on assessors map 372W 1 ODC -tax lot 200. Proiect Description: The applicant is proposing that the property be developed as a G lot Planned Unit Development, with lots ranging in size from 5,208.8 square feet to approximately 6,458.1 square feet. Lot 1 is approximately 55 feet in width; Lot 2 is approximately 53 feet in width; Lots 3 & 4 are each 4$ feet wide and Lots S & 6 are 49 feet in width. All six lots are 118 feet deep. All lots are designed for single-family detached dwellings. If the project were to develop in accordance with the standards of the R-1-G district for lot area and width a maximum of 5 lots would be permitted. The project will have access from Beall Lane. It is proposed that a 38-foot wide private street running north to south will serve all six lots. The road will consist of a curb-to-curb width of 28-feet and a fzve foot sidewalk and fve foot landscape buffer on the west side of the private street. The Tentative Plan does not show a 10 foot PUE immediately behind the sidewalk as a part of this project. The applicant will be required to have the PUE indicated on the final plat before it is recorded. If the project is approved as a PUD, Public Works is requesting that the street be a public street. The curb to curb face is of adequate width to be classified as a minor residential street with parking on one side. The applicant will be responsible for improvements of Beall Lane along the property frontage. Improvements will be additional paving width, curb, gutter, and sidewalks. A one foot landscape buffer is proposed that will run the entire length of the new street on the east side. A barrier will be placed at the north end of the street until the lot to the north of this project is developed. All six lots will front on, and take access froze, the proposed public street. Setbacks will be measured from the back of the sidewalk rather than the property line to allow far vehicles parking in the driveways to be inside of the sidewalk area. As shown on the Tentative Plan, the position of the proposed street creates a double frontage situation for the property to the east. The proposed street dead-ends at the northern property line. Any further extension of this street would require removal of the house of the adjacent propcrry -Tax Lot 9300. ~~ Discussion• Should the proposed PUD be considered as being gezaerally consistent with prioz' PUD approvals in the area, there are certain eIemcnts of the street design and layout of the lots which need to be addressed to make a determination whether or not this project should be approved as a PUD or should it be redesigned and resubmitted by the applicant as a standard subdivision. Those issues are: 1. The proposed private street needs to be constructed to the standards of, and dedicated as, a minor residential public street. 2. The proposed street creates a double Frontage situation with the property immediately to the east . CMPC Section 26.24.060 prohibits double frontage lots. 3. As shown, the proposed street dead-ends at the northern property line. The house on that property is located such that extension of the road for future development would require the house to be demolished. if the street is allowed to remain as shown an the tentative plan, it would therefore be approved as a dead-end street, which contradicts CPMC Section 16.20.020. The issues raised in points 2 and 3 can be corrected by shifting the proposed street to the west, closer to Griffin Creek. To avoid problems with the intersection of the street with Beall Lane being sa close to the creek crossing, the proposed road can be off set to comply with Jackson County and City aF Central Point Public Works standards and recommendations. StaFFhas advised the applicant of the possible realignment oFthe street. Finclin s of Fact and Conclusions of Lavv: The applicant has compiled a list of findings (Exhibit B) as they are listed in CPMC 17.6$.040 In reviewing these findings a£ Fact and conclusions of law as submitted by the applicant, the Planning Commission shall find whether or not the standards of this chapter, including the Following criteria (CPMC 17.6$.040) are either met, can be met by observance of conditions, ar are not applicable. A. That the development of a harmonious, integrated plan justifies exceptions to the nozxnal requirements of this title. The proposed PUD will be compatible with other PUD's that have been approved for• this area of the city. Should the 1'UD be approved, the minor residential street as designed will be approved as a dead-end street. In it's present location, extension of the road into -n_ ~ the property to the north will require demolition of the home on lot 9300. B. The proposal will be consistent with the Comprehensive Plan, the objectives of the zoning ordinance and other applicable policies of the city. The proposed PUD is consistent with the residential designation for the property a5 set forth in the Comprehensive plan. With regard to compliance with the zoning ordinance the Planning Commission has the discretion to deterrrrine whether ar not the proposal complies with the intent of the underlying zoning district. The intent of the R-1 district is to "stabilize and protect the urban low density residential; characteristic of the district while promoting and encouraging suitable environments far family life ". The question to the Planning Commission is whether or not this project is in keeping with the character of the immediate neighborhood. 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. Previously, it was noted that development of the property as a standard R-1-6 subdivision would allow for 5 lots. The maximum density permitted in the R-1-6 district is S units per acre. The proposed PUD offers 6 lots. Public facilities servicing the project are sufficient to accommodate the additional units. The Planning, Public Works and Building Departments have reviewed the Tentative Plan for the proposed subdivision and the findings of fact and believe that with modifications, the project could meet all City standards and requirements found in Exhibits E, F & G. D. That the proponents of the PUD demonstrated that they are financially able to carry out the proposed project, that they intend to start constriction within six months of the final approval of the project and any necessary district changes, and intend to complete said constriction within a reasonable time as determined by the commission. The applicant has provided sufficient information to verify that they are financially capable of completing the project. E. That traffic can~;estion will not likely be created by the proposed develapinent or will be obviated by demonstrable provisions in the plan for proper entrances, exits, internal traffic circulation and parking. As noted previously, the additional traffrc generated by the PUD will he 57.30 average daily trips. If a conventional subdivision were to be created, average daily trips would be 47.75. A deceleration lane will be installed along the front of the project for traffrc safety coming into and going out of the project area off of Beall Lane. The existing street system can adequately accar3amadate the additional traffic. ~~ F. That commercial development in a PUD is needed at the proposed location to provide adequate commercial facilities of the type proposed. Not applicable G. That proposed industrial development will be efficient and well organized with adequate provisions for railroad and truck access and necessary storage. Not applicable H. The PUD preserves natural features such as streams and shorelines, wooded cover and rough terrain. The .ZS foot setback along Griffin Creek u1ill be improved and landscaped and will tie in with open space component of adjacent PUD development and city park which is close by. 1. The PUD wiI1 be compatible with the surrounding area. Consideration of this criteria is subject to the discretion of the Planning Commission, and involves alignment with criteria A, B, C and E. As designed, is it the Planning Commission's finding that the project is compatible with the immediate neighborhood. 3. The PUD will reduce the need for public facilities and services relative to other permitted uses for the land. As proposed the PUD will not have any impact on the need for public services. Reca~nmendation: The Planning Commission can take one of the three fallowing options: l . Continue this item to the next planning commission meeting to allow the applicant an opportunity to revise the street plan and lot layout. This action should only be taken if the applicant requests a continuance, or: 2. Deny the tentative PUD plan, this action needs to include direction to staff to prepare the appropriate findings for consideration at the next planning commission meeting, or; 3. Adapt resolution No. ,approving the tentative PUD plan subject to the recommended conditions of approval. ...e.r Exhibits• A: Notice of Public Hearing B: Applicant's Findings of Fact and Conclusions C: Tentative Plan D: Recommended Street Realignment E: Lay out of Street as proposed and connection to Snowy Butte Meadows F: Developzxzent Schedule G: Financial Statement H: Floor Plans and Elevations I: Declaration of Covenants, Conditions and Restrictions J: Planning Department Conditions of Approval K: Public Works Staff Report L: Building Department Staff Report M: Correspondence frozxz Other Agencies ~`i~y of Cen~~af Poir~~ PLANNING DEPARTMENT ~~H~~~~ ~..~ Tom Humphrey, AIGF' Community DeveEopment Director Ken Gerschler Gommunity Planner Meeting Date: Time: Place: Dave Alvord ' Community Planner August 2, 2005 7:00 p.m. (Approximate} Central Point City Ha{{ 150 S. Second Street Central Paint, Oregon Lisa Morgan Planning Technician Notice of Public Hearing Date of Notice: July 12, 2005 NATURE OF IVIEETING Beginning at the above time and place, the Central Point Planning Commission will review Tentative Plan and Panned Unit Development applications. The nature ofi these applications is for the purpose of creating 6 single family residential lots. The property is located within an R-1-6, Residential Single Family zoning district. The property is identified on the .fackson County Assessor's map as 37 2W 10DC, Tax Lot 100. The property is located west of Snowy Butte Lane, north of Beall Lane, and east of Brandon Street. Pursuant to ORS 197.763 {3} {e), failure to raise an issue during this hearing, in person or in writing, with suffcient specifiicity to afford the decision-makers and the parties an opportunity to respond to the issue will preclude an appeal based on that issue. NOTIGE TO IVIORTGAGEE, LIENHOLDER, VENDOR OFt SELLER: ORS GRAFTER 215 REQUIRES THAT IF YOU RECEIVE THIS NOTIGE IT MUST gE PI~OIVIPTLY FORWARDED TO THE PURCHASER. This notice is being mailed to property owners within a 204 foot radius of subject property. CRITERIA FOR DECISION The requirements for Tentative Plan and Planned Unit Development application review are set forth in Chapters 17.20 & 17,68 of the Central Point Municipal Code, relating to General information and conditions of the project approval. ~~ PUBLIC COMMENTS 1. Any person interest in commenting on the above-mentioned land use decision may submit written comments up until the close of meeting scheduled for Tuesday, August 2, 2005. 2. Written comments may be sent in advance of the meeting to central Point City Hall, '155 South Second Street, Central Point, Or. 97502. 3. Issues which may provide the basis for an appeal on the matters shall be raised prior to the expiration of the comment period noted above. Any testimony and written comments about the decisions described above will need to be related to the proposal and should be stated clearly to the Planning Commission. 4. Copies of all evidence relied upon by the applicant are available for public review at City Hall, 155 South Second Street, Central Point, Oregon. The City ~"ile Number is 05070. Copies of the same are available at 15 cents per page. 5. For additional information, the public may carttact 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 Dear testimony from the applicant, proponents, opponents, and hear arguments on the application(s). if allowed, 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 application(s) as submitted. Gity regulations provide that the Central Paint City Council be informed about all Planning Commission decisions. ~~ The proposed PUD intent is to blend tl~e best use of R-1-6 (single family) zoning in with the surrounding neighborhood and to design a development that promotes esthetic appeal, functional design and family living by using the following criteria: • Building single family housing that best blends ~wvith the surrounding neighborhood by using the flexibility offered by the 1'UD ordinance, • Maintenance of the six units per acre density sought in R-1-6 zoning. • Build upscale two story architecturally interesting housing in lieu of simple entry level single family designs. • Formalize and maintain footpath along the creek onto Beall Lane. 1'7.G8.020 requires only one of four conditions be gnat for use of a PUD. This application meets two of the four eondi#ions. An unusual physical feature of importance to the people of the area or the comrriunity as a whole exist on the site, which can be conserved anal still leave the land owner equivalent use of the land by the use of planned unit development. In this case, Griffen Creek runs through the western boundary of the property; thus restricting conventional development use of the property. AdditionallyT, the Snowy Butte Meadows Subdivision to the north open space runs next to this parcel allowing far an opportunity to create a footpath to be connected to Beall Lane. The property is of irregular shape, with limited assess, or has unusual di~nensians or characteristic which would make conventional development unreasonably difficult expensive. Because of the narrow dimension of this parcel, the norm of taping access off two sides a street as a technique for efficient and cost effective lots can not be used because the parcels would z~ot have sufficient depth far a 20' driveway and a house and still maintain Chapter 1'7.20.050, R-1-S zoning setback requirements. ,a . Circulation Plan -Summary The circulation in and around the new Central Point neighborhood is intended to be simple and direct for pedestrians, bicyclists and cars alike. A new neighborhood road would run along the east edge of the property. This new road will intersect Beall Lane. The new subdivision will provide a pedestrian pathway linking Snowy Butte Meadows open space to Beall Lane. ~.~ V ~~ 1 J S ~x NItLL1MINARY PUD PLAN I~r SURVF.YFOR: CR~1~KSID~; VILLACrL' cltGUr x nsxx')n'rrs. LLC' I~~I.~a I.. u,~~ rns;L ceo(sr. H1sclsrrHFa) n~xvr r.o. sos szl^ SOUTHCAST t14 SGCI'[UN ID, TOWNSHIP 37 SOU'ff'J, RANGf.2 W I;S'I', A1F.UFUHU.UHF.GON g75B1 WILLAMETTE. MERIDJAN, CI'T'Y OF CL•NTRAi_ POfN"f, JACKSON COUN3'Y, OREGON 3Y]i4-IU011'F1.931NI )U 8 h1A'i"r11Fiw 41'AhSEtn f'l1nXL'IiLI.OH $tiMtl 5%k°SK35'W 1;I,a°S3'I I')i Ss7.%}' ' ' 3U.lN ... 3H ~~ R c 37-?W-lUEX.Tt3U0 •• ~ LOT b r. i)ALT CLAIIK ~ 5208.5 ~ ~~ . HIIIAN A~.LUHI LU4Y1: ,$ S3!)3• 4°~ O~~ R 7[S f1fY oc , ~ IJ.U7' R ' ~ ~. ,:r~. LO ~ ° 5210.9 5 . ~, „ o ~ ~~ 0 37-IW-IUIX"fL 313 CITY OF CLN7HAL;•DINr i'Hp1'USrn arltrl sl•n(•r: ~ ~ L07 4 d 5s79.B 50. Fr. ' '~ ~' ~ In ..1~-' A I $, n I I I ~f % a ~~. I I I ~ ~ 31r I 5C'ALE 1" o ` LOT 3 : - 1. 70 '~ $ 5 79.B $0. F7. r~ `f ~ `O A ]ACKS(1,ti' ('HEE:K ESTATES UNIT N,,. 4 ~ L T 2 6283. 50, FT NOTi;S _ ~, ~~.~,n„r „x~,.,., »,u.,,~.,A„K, .., ,,,, ,u,. ,,,~,.wv,. w..r,.,...,,,:, 1 ~ ~ ~ ~ c ' '° Lor S7 y 6458.1 Fr. SI~IiVF;Y F/Y: ~I.ZhGd \ LAN77 SURVEYING . U U .V 1NCORI'ORATEJI KFiIIHY K. BI(AUSI IAW L.%.??71 S•.U. BOX 3IxYS C'E!JiHAL }K)1NF' OREGON 475{1? (salx,ra-75 m cTa.l, sa4.rw9z VICINI'1'S' MAP (NO SCAL,G) rnl:cFaL n,.. z P S4 19x ~' ~~ ~ ' - - , c w '^ 7 r. =1 ~• ~'~ ~ yi m M ISh:ALL LANii Idn515 bF' I1FinltiNGs h 'L O ~ ~ un'n)M n,»ix,u,,i ,~,v~,wx. ,wr„ ,vu~n,u„~nx~ui~e ~,n ~~t,x ,k+.m~, u~pnu-~t~t n~ Fi P' SS C]J:ANUIfl' m u.'u~. ~>xxV+'1' m ,.. ,. 1'BUPrI:H , , ,,, ,ui n .m ~.:nm,,~~.nn'r REGISTERED PRD~CSSIONAL LANG SURYEY4R OREGON Mr va ,4er KERRY K. BRAOSHAW zz~l C%?. 12^31w0.5 cl-:Nrr:HLINEI;Hnssnlsr nS5E550i15 Mn1'Na.: 37-?W-i0U("rL HRI .,~~. .. ,~ .. ~~~~., 1 .., ~.ra ,~,,, it fun~,a ur ur~litrnu.l ISHIIHiF.lih`-~ IFRASS I)iSL' UBN(11 MAHH UUtLVTY ISRIUGE' Ar,3l I:LEVATIPN •- 3.19.1 %' tiS iTHT 1 UI' 1 s[tn'.. L iLY pUD i~1.AN t,AN13 S~Yt~G PIL'G1~iMiNA „t ,~~ tTd{;4Kt plzAS~l? >iG~,$1i7~ VIf.LAC7~ ), ~'~•'rj[i 2 WS:S'T. kniftiiY K. UNABSNAW 4u. xx iucutsd [ntlrc pl7'l'11rRh3d •Y~YJitt~CiQ'fd ltf:(i(~475u2 1.1COVi3'i tFyxrxnlu, ANCn .a~z 314 S~G~'101~1~.TQwN5tt11' `hff.IhC:KS~ (salN~asluct.LUVaa S~~T}1EAST C1tY Ot' C'f1JT7t,h1.1 O ),r SUkV~ G MGKSi~1hNr '7A~tP-~)'u' ~F*Yf WtLLAN1~ ~ ly,g7W ygMli GµUUYGnSti ~C,Gf5tURFlTA' ^ 34.xw•19U1)' ctiAN[~L`•llFllt pAU44NUttt. ~ 47N11 ~It1tF.`x'~FAF41iLA ' . A.U.]t6%HI10 WClN7~ F~•-y. 1,AF,i2fGNU~U11£GG• ~' (Ni)'.i'-:hLC•--) gAtf::113Nf 7.2otl5 ,.~ Kt14"S '%%'li 1A7 K?" 2K sNtssx+rw •. ~ • 37~xw~)wn•'n,lul 3uaN' InuANa:ton3[.owlt o LoS ~ ~, e •~ fit. m ~fc 5206.6 e 17 k1A. ~ n[ ~ +lj~~k~F w ~y rhsrs.t.N«2 ~ ~% ~ qsq-%9 ~ ~t ~~ IdFtl' ~ art. ~ LL L,r,Nld CI f ~ ~I~n~ ~ 13M':1;: i)f %SF'iW~%N+2ti ' 1 ~ ,q. ~ Cn ~ ~ u rw,r..rs.~wr xr~.r.~rn.n+ '{y~}1~ V ~, 'SJr ~ N j } ry ~!. . tl%K%SF.1t ~~{C J~ ~~ S LG5:4 n Q 17h~ ~caxn,l fuF„ t a ~ G ..n•M.~i,.x~rnn.vrma.. jJ r[ij4''t~r n.a1z ~ ~, .r. 37u2w•~ AL. {q)INt ~ 5SY4.8 SQ. ~ ~ x Ctri ~ ~ ~ ~u.u,.pr. r:w~~n.s. ~n•v ~ fi ~ ~, -m an ¢~} ~L ' ~ g A ~L '~ T" 4" ~c 4, ~~~~ eDY ~ Sg t'1.I.hNtrtit M ~w,e nxuwn ~;~151 VY a %''r a V ' .~• a,~ .~ ~ ~, .j. I a ~4n rwM ~..w `_A IAA r IN Y,,a ~ ) 7 'BllY unrs.nnw xnr+t"`nrr ~~ ~ &283. tu.mt.:~., Ihc'iCSt)13CKf.[!}`~`TAtI`S UNCt Nn.4 ~o /// l1 FECiSifRE9 $ pROF5~5R~i/~YOR rzo?~ n LAND rn_r~~,,.~u.c..a,rr n.+vr "u~w wr..uxr+u .,r.rA. xrrrmr g Q ~7 )~ fY, ld OALGOw µiev 3 ,~.rx~n,..ucnrom n~'•"'r+r a,,,«ru+mn ~ 8458. ~ tl 2K 7.aK ugppg5Hht4 Nt,kl'AO'w i.l KfRR't }271 ~ p1AY53'll' NN>"Sxl!"w 47.x7' •`c iCrR~ SplY,t LrJ t11fA,~ t _ ~;LY)1tN1i111)1!'1it' 22.1." ~ CL Ci~ALt LAND lxd,. `tNx'~µR 6Aa;lSUF Sil!AILItNs51 WR sr~XA4ltwr+~LlGnu1. 1!,{NLaY.Ng S5411}l Ur pnx+i"d.+K'mtx~x~, . w ~ gR4°57'11"I: i4Krla1' C: ~ " LllthtiN Oly v~ ,LAMANF+ l)F,ll7(L[iilt%AUWALL 1iLt'.Yh'~' NltfiYlUk1 Ly)yy)Y 1NL1LXi[: FFI S t~~' ~• ttw -''~•~ STihP Nu.: 77-2tV')i0.'X: ~-.,,.-,..---•.---'.'^'` hytilS~' ~~--^ s„- SNOWY BUTTE MEADOWS PRIVATE ~ S L4T SUBDIVISION ~~ AA ~" V' ~ U ~ ~ ~~ c~~~~o a ~Dr (~ a t30TE5: HIX15E5 THAT AAE WITHIN THE FL096 PLAfN, W]LL BE RAISE6 7 FCQT A604E. 37011SE5 SHOW ON THIS PLAN ARE FOR GRAPHICAL PIJRPCSES OIJLY. sr~avw au~rr~ ~.an~~ ~---- GRAPHSC SCALE irk rrtl) 1 leer - •o ry z ~' I a~ N ~~ aC ~ m z ,L n V ~ ~ ~ o ~0~~ U ~ ~ ~~o^ a~~~ Z ~" ~ N~Oo ~~~~ ©?gd m ~°~ O V W~= ?0~ m~¢ ~~~ D OQ Y rzn~4~ ~' ~- ~ 0 M;. °~ d; ~ id 3`j Cj 9 ~~i ~~~ ~ ~ ~~ ~~~~~ ~~a~~ S ^ ~ O ^ ~ ^ ~ V TT E ~ EA D ~~~ GRAPHIC SCpdLE i min - +v n PRIVATE ~8 LOT SUBDIVISIC]IV ""`~' r o ~o rn ~ }~ ~ r~ d ~ ~ ~ o~ 3 C~ NGTES: HOUSES THAT ARE W[THSN THE FLOOD PLA1N, W1Cl BE RA15W l FOO7 ABOVE, k01lSES SkPW ON Tk[S PLAN ARE FOR ORAPk1CAL Al1RPQSES ONLY. ~~ 1292.25 ~ ,-.. ~ l9 dp~N 1293.57 ~r^' "' t 1291.27 ~ ~_,f j il ~ O O O ~ ~ ? ~ ~ ~ ~ 1 7292.07 ~ ~ ,. ~ ~ f ~ ' i ' ~ O8 Ff.00D PEAINJ I ~ , ~ + © ~ i © ~Q ~ a --------._-_.~.._----------- ! ~ ~ ! o ~ ~ . ~ i ~ i ;~ ~ ; ~ 4 i ~ ~ ~ ~ ~ ~O I ~ I ~ ' - i SNOWY BUT7~ LANE z ~~ Q ~ a~ ti 4 ~ ~. Q~Q ~ ~ O ~ ~ r «~VO~ V~ltfl = O Qc~w',. ~~'~~ Z 1 W ~nooQ o ~"~ ~ ~©g° ~m~ W ~ ~~ I- _ ~~~ m ~ Ca G Z~p~ J U ~~ ~i i 1~ €o ~,t. ~ di y Mf 3i ~'i A j ~11t C;1 m C !E ~~~~~ 1V y~~ ~ ~ ~~~~g# `~~Sc~ DEVELOPMENT SCHEDULE CREEKSIIDE VILLAGE PUD DEVELOPMENT SCHEI3L~LE: Applicant will Start development o~~CEZEEKSIOE V]LLAGE within 30 days of Central Point Planning approval ol"tlzis application. Land Development is expected to take no longer than 30 days. The development schedule is expected to be as follows: lst application approval irz August of 2405, 2~,d development/construction beginning in Sept-Oct of 2005, and 3rd Final plat approval with home construction/common open space landscaping complete in June-July of 2006. ~~ June 7, X405 David Alvorcl . . City of Central Point . ..:Plaii~ing Division Ite: -1772: Beall Lane - ~ - Dear Da~rid; ' ~ ~ - .. ~ _ . . ~ It is my understanding that~you res~uire,-prior to preliminary Flatt approval, a letter from us indicating that the borrower and prof ect are pre-quali~iecl far:.subi~ivision financing. . °. Paul Gzou4 has contacted our batik concerning~finarieing for•tl~e 1772.Beall~i.;ane. ~' _ initial discussions-and preliminary review of Paul s i'inancial statements indicate that tlv6 . ' .project ar-d is:fi~cial condition tn$etthe requirements' for ~'irfai~cingl~y People's Bax}k of.Coirimerce. ~. . ~ Although a Gotnplete loan alsplication Sias not been received for this pt'oject'and a~. . commitm~t~let~er has not been given, the borrower and project meet our requirements . ~i`or subdivision finar~eir3g, I expectto bave.a ca~nplete loan.appliaation v~rithiri, the next . ~ ~ few weeks that will move t}~is proj ect from the pre-quaiiirtcation :state to tkie loan . . ~ ~. commitment stage. ~ . ` .: - .. ~ .. If~you .have; any:.questi©ns.or I can be of any furtber assistaric~; Tease: fill. free to contact . ', me at 774-Tf54.- ~- ~ • ~ ~ . . Sincerely', ~~ Ken Txautman .. .. _ _ . Eresident . - . Houseplans.com ~ Plan 23-285 Summary $j^~t^ ~/~\j ~ ]/ ~~~~Myy .~~5, fig{ $ ., " >'.tV'~ YO~r• ~C1C3ctlt7 HOMi" I PQVUER SERRCH SHOWCASE Euro can house Ian 23-288 Page 1 of 2 H+~ ' ~` ~ ,~ Buy Onllne or Cali 1-888-7Q5-130p Sic n I,r~~gister Yc?ur ACeouit ANSWER CENTf~R ~ COST-TO-BUILD ~ FIND A BUILL?ER Pri n ter Square Footage: 1978 Width: y Bedrooms: 3 Depth: 3~ Bathrooms: 2'/z He9ght: '3~ Levels: 2 Roof Pitch: Garage Stalls: 2 Walls: ...,,.~.._....~,~.....~..~,__~.,_ .~_..,,.,...... Ceiling Height: Main F[aor Area: 924 Main Floor: Upper Floor Area: 1052 Upper Floor: Basement Area: 924 --------~~ _~v~,~,.,.~,,....._...w..,~.__~ ._.a,.,_.r,..,. Available Fount More by this desig ner easement Crawlspace Slab Ir your foundatia not availai~l2, ple 1»888-705-13fl0 ~ Send Us a note ~ Main ~.evel Reverse Fran Elevation Houseplans.co~n ~ Flan 23-2006 Suininary ~ ~ Page I of 2 Li<vc~ Yvurflrn~m H©M~ ( PQWER SEARCH I SHaWGASE ~ ANSWIWR CANTER E~urWo~{y~ean house Ian 23-2Q06 Reverse front Elevation Main Le~ei Buy Onlir-e nr Calt 1-88&-705-1360 Sign In~Regisger YourAccaun co~T-TO-BUILD I FIND A s~lllo~R E Prirlter- Square Footage: 1996 _~ Width: ~{ ~j Bedrooms: 3 Depth: 3~ i Bathraams: 2'/s Height: ~j.~ levels: 2 Raof Pitch: Garage Stalls: 2 Walls: .~.a.a.~...e~..~._._...>,.~. ~,._.~_wM.. Ceiling Height: Main Floor Area: 916 Main Floor: Upper Floor Area: 1080 Upper Flaor: Basement Area: 918 ----~-~--~------- ----~-~~-- ~-~-- Available Foun~ More by this desig ner Basement Daylight Base Crawlspace Slab Pier If your foundatio nvL awaiEat~iz, pIE ~ ~ ~____.___.. ~T 1-888-705-1300 ~ 5end Us a Note :, E~., ~I~ Houseplans.com ~ Plan 32-250 Summary Wage 1 of 3 ;~`"~ _ Buy Online ar Calf ~.-888°7U5-13i1fl i.~v[a YaarDrum 5i~c n In~Ftegister YourAccotrtl HOME f PC3WER SEARCH ~ SFIC7WCA5E I AN511VER CEN7f;R I CC35T-TU-BUIL.D ~ FEND A BUILDER E Prin ter- Reverse )"rant Elevation Main Level Square Footage: 2323 Width: 3$ Bedrooms: 4 E7epth:3Z- Bathrooms: 2'/z Height: Z~ Levels: 2 -._--.---..._____.~. Garage Stalls: 2 Available Foun~ _..,.,Y...~..,,_..,...-..,~.H~s..._..._..~.a_~. Basement Main Floor Area: 117`9 IF your foundatto Upper Floor Area: 1144 naC ava~labie, plc More by this designer 1-888-705-1300 1 Send rJs a Nate ~ b:: ~~ 1.u...71_._..,...i,.~...._~__3_________f...7_._ .1.._~i n•a n..-nn ,., Home Plan 36957 -Dream Home Source -Over 15,0{}0 House Plans Page 1 of 3 C~ ~ I r f ' r '> ,~ i. ~' I M I ~ i ~ ~ ~r -• NEW SEARCH SUMP TQ PLAN BEST SL~LLiNG PLANS fEATURED PLANS HELP DESK Questions? Ready To order? Calf 80©-447-0027 my cart i;17y afCGOl.int REGISTER About This _-.--..__~ __..-_..--- ....... ......... House Plan ---.._... _ __ _ _ .. _ T....._.._.------ Site Search . --~~ • Detailed . -- -_ room specifications. • Download a printable cQpV of this pion in Adobe Acrobat ,!i' `~ ~;,, .feet;: format. `' ~~"f; , • View this„plan r - ~itl~.. ~ _ ~~ ,~ . , .~ ,~ in mirror reverse . , format, - - • Modi this ~~ house plan. •,~t f M • View .:~ ~° additional pions by this des._....._ i_gner. ~arEerorr: aaoas ~a~er ~~ • Co~ rnpare to another plan. • Estimate the cast to build this elan. Ctrttux~ Exe~trv€ .- ... SrsYCks• • Add to MV Favorites. Pricing & Library Services Product Guide Store 5l'A#'t'r I]REAMIfiG House Plans Home Plan 36957 Living square24$$ feet: main: 1150 upper: 1338 Additional square feet; garage: 486 3 bedrooms, 2.5 baths, 2 car ched ga 40' 'wide 47'0 Average ceiling height main: 9' Roof height: 29' exterior wall framing: 2x6 Foundations Crawispace ~~ View lar er Front ima e Horne Plan X320 -Dream Home Source - Over ~ 5,000 House Plans ~ Page 1 of 4 . .. ~ ~ t • ~ ~. START DREAiNI{VCa House Plans Library Services Product Guide Store HEW SEARCfi 3l3MP TQ PLAN Bt:ST SELLING PLANS FEAITURED PLANS HELP DESK Questions? Ready To Order? Call 800-447-0027 my cart my account REGISTER Site Search ~ ~~ ~~ ~' ~-, ~~~ •~•~' ~~.rcrp~t t7uc~vw :.. BraYr.#io er~r~~aa: scans Qsa~tr ~Q ~i)d iN~a~t ~~ ~4U ~~~ ff ~ Home Plan 432D Living squaret97$ feet: main: ifo6 upper: 87Z 3 bedrooms, 2.5 baths, Z car attached garage 38'0" wide x 35'0" deep Average ce€ling he€ght main: 8' upper: 8' Roof height: 39', main roof pitch: io~iz exterior wall framing: 2x6 iFoundationfs): Daylight basement designer's Comments: Designed for a sloping lot, this tri- level house intrigues the eye and lifts the spirits. Sunlight filters into the grand two-story foyer and living room from tall windows. From the loft overlooking the living room, homeowners can view flames dancing in the fireplace, which is shared by the farniiv roam. i~rorn the windows or optional French doors in the dingy roorrE, owners can behold the outdoor vista. The spacious kitchen houses an island with a downdraft cooktop. Serve food informally in front of the breakfast nook windows or at the island. French doors in the family room lead to the suspended deck. A half-bath and laundry facilities are View larger front image ~~ House Plans and Home Design Services ~t ' t r,~ ~~~~~ Page 1 of 2 ,earn the estlrnated high•to-her va 3I®ut hogse with Equf~ax tome dal! t:ustentlze pt~rts Res~:utr e ..ehteE" ~ro ec1:134ar~s Etoaks ~ F1~~re~ i home plans > search results > plan detail -Cart ~ ~j,Accaunt ~ My Favorites ~ Feedback ~ Helc Home Plan Detail Back ~ New Search Plan 33 of 2917 + ~ rep vious [ go to plan 1 ... 31 32 33 34 35 ... 2917 j next Warm Gtow Plan # AG-1$a2 VIEW: Exterior Special Add to favorites main b/w rendering Customize this plan floor plans de#ailed specs Order this plan PbF summary *Photographs may reflect homeowner modiflcatians. This home's radian# entry spills directly into the living room, which boasts an impressive vaulted ceiling. All common areas are conveniently close to the kitchen, which has a snack bar and a neighboring breakfast nook. Sliding glass doors open to a large backyard patio. Past a lost on the upper floor, the master suite beckons from behind double doors. The bath offers a shower, a Specifications ~v s ~ ~ D Style: Country Bedrooms: 3 Finished sq. ft. Baths: 211 First 990 Flaars: 2 Second 840 Garage Stalls: Twa Car Total: 1830 Master Sul#e: Second Laundry: First Foundation: Full Basement 17etailed Specs .,.. I ~~~` ~ :.. W..:trsartgac~e~~ ;: Loth Flr-der a l~~r~~a~ ''~ ~ lRefirtance ;~F1o~tne Faulty `':FHA Loans IAA Loans ~.~vt~a y s #~~iC~~= Loan Type. ......_____ Select... a State Select... ; ;; ~' Points :Opts ~ F~pd1 APR, P1FI, ARM What's it all moan? Use nur oalc~lators to learh m~+r~ tibbut rr~nrtgages, ~,: ~ `; ~`Montltl~iPaVtttet:t '~;P~~ient Cale. ~ Rent +~~. BIiY :°:~ Fixed nr AIM x.75 er 3Ct dear o Refiinance ~~~~ '~~f~1 ~F r zipcade F€nd! ~~ Home Plan 36998 -Dream Home Source -Over 15,000 Ho e Plans Page 1 of 4 ~ - # 1 e - ~ t # t 1 i ,~ C11cik.H~rb NEW SEARCH JUMP TO PLAN BEST SELLING PLANS FEATURED ALANS HELP DESK Questions? Ready To Order? Call 800-447-0027 my cart my accol~nt REGISTER ,Site 5e~rch .,.. '-+ esrarrroa azw~ asn~x~r ~~ ~~ START I~R~AMI€VG Fiause Plans Home Plan 36998 Living square22iS9 feet: main: 1104 upper. 1155 Additional square feet: garage: 455 3 bedrooms, 2.5 baths, 2 car attached garage a.a~a'T wide x 46'U" deep Average ceiling height ma€n: 9' Roof height: 29', main roof pitch: s/tz Exterior wa€[ framing: 2x6 Foundation(s): Crawlspace About This House Plan • Detailed roam speciFicatians. s pownload a printabEe COgy Df t}11S plan in Adobe Acrobat Format. View this Dlan in mirror reverse format. • Modify this house elan. • View additional plans by this desraner. • COn'1Dare tD another plan. • Estimate the cost to build this Dlan. • Add to M~ Favorites. Library Services Product Guide Store ~~ View iarger front image Houseplans.cam ~ Plan 18-257 Summary ~ cLJ `'~~ ~ ~.~Y'£3 '3rO~il' flP6Af11 HQME ~ P©WEh' SEARCH I SHOWCASE ~ AIVSWEF Euro can house Ian 18-257 Sc~r>~mary ~ .: ~ . Reverse Frant Elevation Rear Elevation Main Level Page 1 of 3 Buy Online ar Cal! ~-888-~b5-130b 5ic~n In~RegsYer YourAccoun ENTER COST-TO-BUILD I FiNO A F3Ull_EtER ~~ E Pri r~ ter- Square Footage: 2428 width: 4b `• Bedraams: 4 Depth: ~ (A Bathrooms: 2'/z Height: ~,~ Levels: 2 Roof Pitch: Garage Stalls: 2 Walls: ~.,. ~,._h......,.~....e..,_..~".,T.~.M. w.~, Ceiling Height: I, Main Floor Area: 1178 Main Floor: ', Upper Floor Area: 1250 ----.__"...__..~__.__. Basement Area: 1172 Available Foun~ ..,....._._..~_.~...~,..,._~..... .,.e........... Basement 1~1ore ~ thiS desi -~ ~ her mm-" If yoar foundatt~ not available, plc 1-888-705-1300 ~ Send tJs a Note ~ Houseplans.com ~ Plan ~ 5-240 S~cnmary Pale 1 of 3 ~'~``~ ~ ,.. Buy Online or Cal[ 1-883-745~13t30 . , . .. Li`vq )'oar Drearr~ Sign In~egist~r Your Accoun Hone I PovuE~ s~ARCH I sl-~owcAS~ ar~sw~lz cl=l~-rl=i~ ~ cos~r-ro.~ul~.l~ I I`Ir~o A I~~I~QIw~ Euro can house Ian 98-240 `aEll~ttli~#'jf ` t e r * r ~ r~ ~ E Printer- Square Footage: 2216 Width: '2j Main Level Bedrooms: 4 Depth:C""ay'~ Bathrooms; 2'/~ Height: ~^~ Levels: 2 Roaf Pitch: Garage; Stalls: 2 Walls: ..,-._..~~.,_t ..,.,,~.,.~.. w....w.... Ceiling Height: Main Floor Area: 1090 Main Floor: Upper Floor Area: 1126 •.. ----.. _..__._._._ Basement Area: 1067 Available Foun~ _~ _.w~~~.~_..~.,.-~.... ,,~.w.,...~ Basement More by this-desi_c~er rf your Foundatia ~~ot available, ple ,. 1-8B8-7'Q5-1300 ~ Send Us a (dote ~ ~~ reverse Front Elevation Rear Elevation Houseplans.com ~ Plan 309-11G Summary ~ ~~ F``~~ . ,. r. : ~.. _ i, ` dive Your t~ream HQME PQWER SEARGH ~ SHOWCASE ~ ANSWER CENTER Euro can house lan 309-11 fi Main Leve! Page 1 of 3 Buy Online car Call T-888-7f3S-T3E~p 5i.gn.In/Regsseer YourAccoun GOST-TO-SIJlLD I FIND A BUILC3EF2 E Pri nter- Square Footage: 1901 Width: ~ V i Bedrooms: 3 Depth: ~ ~j Bathrooms: 2'/z Height:'?~"~ j Levels: 2 Walls: Garage Stalls: 2 ,.--._._..___.__---.. i ....w:..,...,....._..._~e..,~......r ~.,..:~....,..,. Available Foun~ Main Floor Area: 986 Daylight Base ( Upper Floor Area: 905 IP Yaur founciatia i Basement Area: I 99B not availaofe, ple I Garage Area: 476 Mare by this des~ner 1-888-705-1300 ~ Send Us a Note ~ ~~ Reverse rout Efe_v_ation DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CREEKSIDE VILLAGE, A PLANNED COMMUNITY Paul Grout ("Declarant"} is the Owner in fee simple of that real property (the Project} otherwise known as Pazcel No. 1 of Partition Plat recorded .tune 24, 199b in the "Records of Partition Plats" of Jackson County, Oregon as Partition Plat No. P-54-1996 and filed in the office of the Jackson County Surveyor as Survey No. 15011, Assessor's Map No. 37-2W-1 ODC Tax Lot 100, Situs Address 1772 Beall Lane, Willamette ivleridian, City of Central Point, Jackson County, Oregon. Recitals,_intent and Purpose It is the desire and intention of Declarant initially to subdivide the Project, subject to the covenants, conditions and restrictions set forth in this Declaration, into six residential lots, with a five-foot buffer, one-foot buffer and open space which shall be controlled by the Homeowner Association (HOA) and maintained as open space, as set forth in "Exhibit A" (Tentative Plat and legal description of Property and Common Areas). Declarant intends by this Declaration to impose upon the Project, subject to this Declaration, mutually beneficial restrictions under a general plan of improvement for the benefit of all Owners of residential property within. Declarant desires to provide a flexible and reasonable procedure for the overall development of the property, and to establish a method for the administration, preservation, use, and enjoyment of such property as is now or may hereafter be submitted to this Declaration. This Project is governed by the approvals and entitlements ("Approvals"} referenced in Jackson County Planning File PUD . It is intended that this Declaration comply with all requirements and conditions of said Approvals, and nothing in this Declaration shall be interpreted or construed as to be in conflict with those Approvals. Should any conflict exist, it shall be resolved consistent with the terms of the above_referenced Approvals. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CREEKSIDE VILLAGE -PAGE 1 1~"~ Declaration NOW, THEREFORE, Declarant hereby declares that the Project shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved, subject to the following covenants, conditions and restrictions, alI of which are in furtherance of a plan for the subdivision, improvement and sale of the Project and of enhancing and perfecting the value, desirability and attractiveness of the Project. All of the covenants, conditions and restrictions herein set forth shall run with the Project and shall be binding on all parties having or acquiring any right, title or interest in the Project or any part thereof, and shall be for the benefit of each Owner of any portion of the Project, or any interest therein, and shall inure to the benefit of and be binding upon each successor in interest of such Owners. This Planned Community is subject to the governing statutes set forth in ORS 94.550 to 94,783. Association Bylaws adopted under ORS 94.625 shall be recorded along with this Declaration. This is the only phase of the Project's development. Certain Landscape Areas will be maintained by the Homeowners Association. A condition of the Approvals is to obtain and comply with a final landscaping plan, the maintenance of which shall be the obligation of the HOA. Name The name by which the Project shall be known is Creekside Village, A Planned Community. It is a Class II Planned Community, as defined in ORS 94.550. 1. DEFINITIONS In addition to the terms defined in ORS, Chapter 94, and elsewhere defined herein, the following terms shall have the following meanings whenever used in this Declaration: 1.1 Declarant. Paul Grout, his successors and assigns. 1.2 Owner. The record Owner, or Owners, if more than one, of a Lot, including Declarant and including a vendee under a recorded land sale contract or recorded memorandum of Iand sale contract. 1.3 Propertyr. The real property known as 37-2W-1 ODC, Tax Lot 100, more specifically described on "Exhibit A" attached hereto. 1.4 The Project. The property subject to this Declaration. 1.5 Lot. That portion of the Project conveyed or to be conveyed by the Declarant to an individual Owner in fee simple. For the purposes of this Declaration, a Lot shall exist from and after the date of recording an instrument malting such Lot subject to this Declaration. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CREEKSIDE VILLAGE -PAGE 2 /r+~ 1.6 Dwelling Unit. The residential structure, including any garage, carport, patio, lanai or other physical appurtenance to such structure, constructed on a Lot by the Declarant ar an Owner. 1.7 Common Area. The Common Areas are as identified on the Final Plat, including but not limited to, open space and buffers, and shall be maintained by the Association. 1.8 Association ar "HOA". Creekside Village Homeowners Association, Inc., an Oregon non-profit corporation. 1.9 Board. The Board of Directors of the Association. 1.10 Articles; Bylaws. The Articles of Incorporation and Bylaws of the Association. The Bylaws are marked "Exhibit B," incorporated herein and made a part hereof. 1.11 Declaration. This Declaration, as from time to time amended or supplemented. 1.12 Mart~a~e. A mortgage or a deed of trust of record encumbering a Lot. The term "Mortgagee" shall include the beneficiary under a deed of trust and the vendor under a recorded land sale contract or recorded memorandum of land sale contract. 1.13 Architectural Committee. The Architectural Committee as created pursuant to Section 6 of this Declaration. 2. USE RESTRICTIONS The use of the Lots and the Common Area shall be restricted in accordance with the following provisions in addition to all other covenants, conditions and restrictions herein contained. 2.1 Residential Use. The Lots and Dwelling Units shall be used for residential purposes only as approved by the Architectural Committee pursuant to Section 6 and in conformance with the initial design standards of Section 6.3, except as specifically provided for in this Declaration. No mobile, modular or manufactured dwelling shall be allowed an any Lat. This Section 2.1 and Section 2.3 shall not exclude the construction of a private greenhouse, storage unit, private swimming pool or shelter for the protection of such swimming pool or storage of a boat and /or personal use camping trailer. All such improvements must be located in conformance with all applicable municipal regulations and be compatible in design with the residential construction on the subject lot and adjacent lots as determined by the Architectural Committee. 2.2 Maintenance. Each Owner shall maintain and keep his Dwelling Unit and Lot in a clean, sanitary and attractive condition. Landscaping on each Lot shall be maintained in at least as good or better quality in design and nature ofplanting as is required by the Architectural Committee at the time of initial construction of a dwelling on the Lot. If the Owner fails to maintain his/her Dwelling Unit and Lot or any landscaping required by the Approvals, as required herein, the Association shall have the right to go upon the Owner's Lat and perform such maintenance pursuant DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CREEKSIDE VILLAGE -PAGE 3 i 1 to the Association's authority set forth in Section 3.6 hereof. The casts incurred by the Association shall be assessed against the Lot as a special assessment pursuant to Section 4.4. 2.3 Commercial or A ricultural Use. No industry, business, trade, occupation or profession of any kind, shall be conducted, maintained or permitted on any part of the Proj ect, unless specifically allowed by this Declaration, approved by the Homeowner Association prior to operation and permitted and approved as a home occupation by Jackson County and any other applicable governmental authority. No Agricultural barns shall be permitted. 2.4 Animals. Household pets, in a reasonable number, may be kept if they are solely household pets for private use and not for commercial purposes. No animal shall be allowed to make an unreasonable amount of raise or otherwise to become a nuisance. No dog shall be permitted outside of the Lot of the Owner of said dog unless it is under the control of a responsible person by means of a leash. Upon request of any Owner, the Board shall determine, in its sole discretion, whether for the purpoee of this Section, a particular animal shall be considered a house pet or a nuisance. The Owner of any pet shall be responsible for cleaning up after said pet on any property within the Planned Community, including any Common Areas. Any structure for the care, housing or confinement of any hawse or yard pet shall be approved by the Architectural Committee for its design and placement on each Lat. 2.5 Utilit~Service. Except as approved by the Architectural Committce ar set forth on the Final Plat, no lines, wires, satellite dish larger than 1$ inches, antennae or other devices of any kind for the communication or transmission of electric current or power, including telephone, television and radio signals, shall be constructed, placed or maintained anywhere in or upon any Lot unless the same shall be contained in conduits or cables constructed, placed and maintained underground or concealed in, under or on buildings or other approved structures. Nothing herein shall be deemed to forbid the erection and use aftemporary power or telephone services incident to the construction of approved improvements. 2.6 Temporary Occupancy. No trailer, basement of any incomplete building, tent, shack, garage, and no temporary building or structure of any kind shall be used at any time on any Lot for a residence either temporary or permanent. 2.~ Outside Storage„and Parking. All firewood and other materials or equipment stored on any Lot shall be screened from the ordinary view from adjacent Lots and streets. 2. $ Trash Rece tacles. All trash shall be retained in appropriate receptacles and cans shall be kept clean and sanitary and shall be screened from reasonable and ordinary view from the adjoining Lots and streets. Such screening is a condition of the Approvals. Burning of organic material shall comply with all applicable local, state or federal regulations. Temporary construction debris shall be contained for removal as provided in Section 2.21 herein. 2.9 Basketball Standards. No basketball standards or fixed sports apparatus of any nature shall be attached to any Dwelling Unit or garage or be erected on any Lot, except in the rear yard of DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CREEKSIDE V)CLLAGE -PAGE 4 i .~ such Lot. Any such apparatus must be approved by the Architectural Committee for placement with regard to sensitivity to neighboring Lots. Such approval may be withdrawn with 3p days written notice. No portable basketball hoops shall be stoz•ed in the private street. 2.10 Garages and Parkin. Garages shall be used only for the parking of motor vehicles, recreational vehicles, storage and permitted workshop purposes. All garages will have automatic garage door operators and all residents are encouraged to keep garage doors, which are visible to the street, closed whenever practical. Residents are encouraged to park their vehicles on their property behind the front yard setback line and preferably in enclosed garages. 2.11 CIothes Drying ~aciIities. No outside clotheslines or other outside clothes drying ar airing facilities shall be maintained on any Lot, unless the Architectural Committee finds such. facilities to be adequately concealed so as not to be seen from any adjacent property. 2.12 Mailboxes. There shall be no exterior newspaper tubes or freestanding mailboxes, except as may have been initially installed by ar pursuant to plans previously approved by Declarant or thereafter approved by the Architectural Committee. 2.13 Nuisances. No machinery or equipment of any kind shall be placed, operated or maintained upon or adjacent to any Lot except such machinery or equipment, such as private workshop equipment, as is usual and customary in connection with the use or maintenance of a Dwelling Unit. No noxious or offensive condition,including activity causing excessive smoke, dust, noise or debris, shall be permitted upon any part of the Property. Motorized bikes and ATVs may not be operated on any Lot or the Common Areas. Motorized transportation may be operated on a Lot solely for the purpose of transporting it from a residence to a public roadway for off site use but are not allowed recreational use of such machinery within the Property. 2.14 Diseases and Insects. No Owner shall permit any thing or condition to exist upon his Lot which shall induce, breed or harbor infectious plant diseases or noxious insects. 2.15 Mineral Exploration. No property within the Project shall be used in any manner to explore for or to remove any water, oil or other hydrocarbons, minerals of any kind, gravel, earth or any other such substance ar other mineral of any kind except for any excavation that may be done in connection with the construction of a dwelling on the property. 2.16 Restrictions an Further Subdivision. No Lot shall be further subdivided. No Owner, except Declarant, may grant an easement or other interest in a Lot without the prior written approval of the Board and the Architectural Committee. No Common Area may be reduced such that it would result in no longer satisfying the requirements of the Approvals for a certain minimum amount of Common Area within the Project. 2.1'1 Signs. No signs (including without limitation, commercial, family "crest" or name signs, and all such similar signs) which are visible from neighboring property shall be erected or maintained on any Lot except: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CREEKSIDE VILLAGE -PAGE 5 {a) Such signs as may be required by legal proceedings; (b) Such residential identification signs as are installed in the initial construction of the Dwelling Units, subject to the review of the Architectural Committee and approval by the Board as to suitability; (c) During the time of construction of any residence or other improvement by Declarant, job and sales identification signs; and {d} Approved project identificatian monument sign(s) located at the entry to the Project. In addition and in conjunction with the signage, one or more monument walls at the Project entrance may be constructed. {e) Not mare than one "far sale" sign having dimensions not to exceed eighteen (18) by seventy-two (72) inches, pursuant to the Rules of the Association, so long as the pasts or standards for said signs do not damage or destroy lawns or plantings. This provision shall not prevent Declarant or any principal building contractor, from advertising during the construction of improvements on any Lot or within the real property or during the period of time any Lot is owned by Declarant. 2.1 S Ri ht of Ins ection. Upon seventy-two (72} hours written notice (emergencies excepted) and during reasonable hours any authorized member of the Board, or any authorized representative of any Board member, shall have the right to enter upon and inspect the Lot and the exterior of the Dwelling Unit or any of the improvements thereon for the purpose of ascertaining whether or not the provisions of these Covenants, Conditions and Restrictions, the Bylaws and the rules and regulations adopted by the Board, have been or are being complied with, and such persons shall not be deemed guilty of trespass by reason of such entry or inspection. If such inspection is made by the Architectural Committee upon authorization by the Board, a report shall be made to the Board which will decide the action to betaken. These rights shall be exercised in such a manner as to reasonably minimize any adverse impact upon the Owner's right to enjoyment of his/her Lote 2.19 Tenant Leases. No Dwelling Unit shall be rented or leased for a period of less than thirty {30} continuous days atone tune. All rental and lease agreements shall be in writing and shall comply with the provisions of the Bylaws. 2.20 Fences. All permanent and temporary fences and railings require approval by the Architectural Committee prior to construction. All necessary municipal permits shall be obtained prior to any fence construction. All fences must be constructed so as to provide a f Wished appearance. All fences and railings shall be well constructed and maintained and shall not detract frown the appearance of other improvements located upon the Lot. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CREEKSIDE VILLAGE -PAGE 6 The maximum height and location of all fences, railings and hedges shall be determined by the Architectural Committee and must conform with all applicable County or municipal regulations, but in no event shall a fence exceed eight feet in height. 2.21 Construction Debris. The Owner of each Lot is responsible for the temporary containment and permanent removal of all construction debris on the Lot and any debris which is windblown or in any way displaced from the construction site to adjoining property. The Owner is also responsible for the cleanup of any dirt or mud tracked into the Common Area street during the course of construction of improvements on his property. The Owner shall not allow the accumulation of large quantities of debris, on or off site, during the course of construction. 2.22 Common Area Maintenance. No Lot Owner shall do any alteration, work or maintenance within the Common Areas without the approval of the Board and the Architectural Committee. No Common Area array be reduced such that it would result in no longer satisfying the requirements of the Approvals for a certain minimum amount of Common Area within the Project. 2.23 Firearms. No frearms or bows and arrows shall be used or discharged on any lot or Common Area. However, keeping such items inside any residence shall not be a violation of this Declaration. 2.24 Fuel Tanks. No fuel tanks shall be constructed above or below ground level except for propane gas for home use. Any such tank shall be screened from view in a manner approved by the Architectural Committee. 2.25 Li htin . No invasive outdoor lighting within the Project shall be permitted. All outdoor lights shall be shielded from point source glare and shall not be directed towards adjacent parcels. All overhead or other area lighting shall be shielded to cast a downward glare. There shall be no night guard lights. 2.26 Tree Retention. Any prominent trees will be preserved as determined by the Board of Directors. 3. ASSOCIATION 3.1 Organization. The Association is anon-profit Oregon corporation charged with the duties and invested with the powers prescribed by law and set forth in the Articles, the Bylaws, and this Declaration. Neither the Articles nor Bylaws shall, for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. In the event of any such inconsistency, the provisions of this Declaration shall prevail. The Board, and such officers as the Board may elect or appoint, shall conduct the affairs of the Association in accordance with the Articles and Bylaws as from time to time amended. 3.2 M_e__rribership. Each Owner shall be a member of the Association and shall be entitled to one membership for each Lot owned. Each member shall have the rights, duties and obligations DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CREEKSIiDE VYLLAGE -PAGE 7 / ~' set Earth in this Declaration, the Articles, the Bylaws and the Association Rules, as the same may from time to time be amended. The membership of each Owner in the Association shall be appurtenant to the Lot giving rise to such membership, and shall not be assigned, transferred, pledged, conveyed or_alienated in any way except upon the transfer of title to such Lot, and then only to the transferee of title thereto. Any transfer of title to a Lot shall operate automatically to transfer the membership in the Association appurtenant thereto to the new Owner thereof For purposes of membership, the recording of a land sale contract or memorandum thereof shall constitute a transfer of the title to a Lat. The Common Areas shall not be entitled to a vote. 3.3 Vo tiny. {a} Members Entitled to Vote. Only Members of the Association shall be entitled to vote. The voting privileges of each Class of Members shall be as provided herein. Any action by the Association which must have the approval of the Association membership before being undertaken shall expressly require the vote or written assent of a prescribed percentage of the total voting power of the Association, as more particularly stated within the Declaration. (1) Class A Members. Class A Members shall have one (1 }vote for each Lat. When more than one person owns a single Lot, all Owners shall be members of the Association. However, the vote for each Lot must be cast as a unit, and fractional votes shall not be allowed. In the event that joint Owners are unable to agree among themselves as to how their vote or votes shall be cast, they shall lase their right to vote on the matter in question. If any Owner(s) casts a vote representing a certain Lot, it will thereafter be conclusively presumed for all purposes that such Owner(s) was acting with the authority and consent of any other Owner{sj of said Lot. The right to vote may not be severed or separated from the Lot ownership to which it is appurtenant, and any sale, transfer, or conveyance of such Lot to a new Owner{s} shall operate to transfer the appurtenant vote without the requirement of any express reference thereto. {2) CIass B Members. The Class B Member shall be the Declarant, his successors and assigns. The Class B Member shall be entitled to five (S}votes for each Lot in which he holds the interest required for membership as provided in Section 3.3(a}(1}above. Provided that, Class B membership shad be converted to CIass A membership and shall forever cease to exist when the total outstanding votes held by the Class A Members equal the total outstanding votes held by the Class B Member. (b) Voting Procedures. Any vote may be cast in person or by proxy. AlI proxies shall be in writing, dated, signed by the Owner giving the proxy and fzled with the Secretary before the commencement of any meeting. A proxy shall terminate eleven (11 }months after its date unless the proxy specifies a shorter term. Every proxy shall automatically cease upon the sale ofthe Lot by the Owner and upon the death or incapacity of the Member who executed the proxy. (c} Declarant's Ri ht To Vote. Notwithstanding any other provision of this Declaration, and, except as provided in Section 8.3, hereof, any regulation herein requiring the approval of a prescribed percentage of the voting power of members of the Association other than DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CREEKSIDE VILLAGE -PAGE 8 i. the Declarant for action to be taken by the Association shall also require the vote or written assentaf a bare majority of the total voting power of the Association as well as the vote or written assent of the prescribed percentage of the total voting power of members other than the Declarant. (d) Sus ension of Votin Ri hts. The voting rights of an Owner shall be suspended during such period as any assessment due hereunder from such Owner remains unpaid; provided, however, that the Board shall give any such Owner at least fifteen (15) days notice prior to such suspension, and such Owner shall be entitled to a hearing before the Board in accord with Section 3.4 of the Bylaws. 3.4 Initial Board of Directors. The initial Board shall be appointed by Declarant. Thereafter, the Board shall be elected as provided in the Bylaws. 3.5 Duties of the Association, The Association shall have the obligation and duties, subject to and in accordance with this Declaration, to do and perform the following acts for the benefit of its Members and far the maintenance and improvement of the Property. (a} Common Area Maintenance and Operation. To maintain, repair and otherwise manage the Common Areas, after such property is conveyed or otherwise transferred to it, all improvements located thereon, all easements for operation and maintenance purposes over the Common Areas and all easements for the benefit of Members of the Association within the Common Areas. Each Owner hereby grants to the Association anon-exclusive easement of ingress and egress to that portion of his/her Lot as may be reasonably required by the Association to exercise or otherwise perform its rights under this Section 3.5. (b) Utilities. To acquire, provide and/or pay for water, drainage, and other necessary utility services far the Common Areas. (c) Sidewalks Mailboxes Etc. The Association shall, after construction thereof by Declarant as a part of the initial development of the Project, maintain, repair, replace, reconstruct and relocate pathways, sidewalks, lighting, street signs and any mail and past boxes and the landscaping located within the Common Areas, as initially designated on the Approvals or as initially constructed by Declarant. Each Owner hereby grants to the Association, anon-exclusive easement of ingress and egress to that portion of his/her Lot as may be reasonably required by the Association to exercise or otherwise perform its rights under this Section 3.6. (d} Landsc~ing and. Si~,na~e. To maintain and construct all landscaping within Common Areas and Project signage consistent within the final approved Landscape Area of the Project and the direction of the Association. (e) Other. To perform such other acts, whether or not expressly authorized by this Declaration, as may be reasonably necessary to enforce any of the provisions of this Declaration the Bylaws and Association Rules. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CREEKSIDE VILLAGE -PAGE 9 r ~1 3.6 Powers and Authorit of the Association. The Association shall have all of the powers of anon-profit corporation organized under the general Non-profit Corporation statutes of the State of Oregon, subject only to such limitations upon the exercise of such powers as axe expressly set forth in the Articles, the Bylaws, or this Declaration. The Association shall have the power to do any and all lawful things which maybe authorized, required or permitted to be done by the Association under this Declaration, the Articles and the Bylaws, and to do and perform any and all acts which may be necessary or proper for or incidental to the exercise of any of the express powers of the Association, including without limitation: (a) Assessments. To levy assessments on the Owners and to enforce payment of such assessments, all in accordance with the provisions of Sections 4 and S ofthis Article. (b) Right of Entry and Enforcement. To enter upon any Lot or the Landscape Area for the purpose of performing the duties of the Association set forth in Section 3.5 ofthis Article, enforcing by peaceful means any of the provisions of this Declaration. The Association shall also have the power and authority from time to time in its own name, on its own behalf or on behalf of any Owner or Owners who consent thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of this Declaration and to enforce, by mandatory injunction or otherwise, all of the provisions hereof. These rights shall be exercised in such a manner as reasonably to minimize any adverse impact upon the Owner's right to enjoyment of his/her Lot. (c} Services. To contract for materialsand/or services for the Common Areas or the Association. Any such service contract or management contract shall be subject to termination by either party without cause upon thirty (30) days notice in writing to the other party. (d) Rules. By a majority vote of the Board, and from time to time, to adopt, amend, enforce and repeal such rules and regulations as the Board shall determine to be necessary or proper for the operation of the Project ("the Association Rules"}. A copy ofthe Association Rules as they may from time to time be adapted, amended or repealed, shall be mailed or otherwise delivered to each Owner. Upon such mailing or delivery, the Association Rules shall have the same force and effect as if set forth in and a part ofthis Declaration. The Association Rules shall not materially change the rights or privileges of any person, or the restrictions on any Lot, as herein set forth. 4. FUNDS AND ASSESSMENTS X1.1 O eratin Fund. The Association shall establish and maintain an operating fund into which shall be deposited all monies paid to the Association as regular, special and emergency Assessments and miscellaneous fees, and from which fund the Association shall mare disbursements in the performance of its rights and duties as provided for in this Declaration. The operating fund and the reserve fund shall be kept in separate accounts. 4.2 Regular Assessments. Within forty-fave (4S}days prior to the beginning of each fiscal year, the Board shall estimate the costs and expenses to be incurred by the Association during such DECLARATION OF COVENAN'T'S, CONDITIONS AND RESTRICTIONS FOR CRT;EKSIDE VILLAGE -PAGE 10 1 ..fit fiscal year in performing its rights and duties under this Declaration, including a reasonable provision for unanticipated expenses and replacements and less any anticipated surplus from the prior year's fund. Provided that, the Board may not, without the vote or written assent of a majority of the voting power of the Association residing in members other than the Declarant, impose a regular annual assessment per Lot which is more than twenty percent (20%) greater than the regular assessment for the immediately preceding fiscal year. Such estimated amount shall be assessed equally to the Owners. The amount per Lot so assessed to each Owner is called "the Regular Assessment." 4.3 Special or Emergency Assessments. In addition to the Regular Assessments, the Board may levy during any fiscal year a special or emergency assessment applicable to thafi year only, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction (including reconstruction costs in excess of insurance proceeds), repair of any Common Areas or related utilities, unexpected repair or replacement of a capital improvement upon the Common Areas, including Project signage, the private street serving the Project or any extraordinary expense not contemplated by this Declaration of whatsoever nature. Provided that, in any fiscal year, the Board may not, without the vote ar written assent of a majority of the voting power of the Association residing in members other than the Declarant levy special or emergency assessments to defray the casts of any action or undertaking on behalf of the Association which in the aggregate exceed ten percent (10%) of the budgeted gross expenses of the Association for that fiscal year. No special or emergency assessment shall be levied with respect to the initial construction of improvements within the Common Area, including initial signage for the Project and the private street, it being understood that all such construction shall be at the sole cast and expense of the Declarant. Except as otherwise provided herein, special and emergency assessments shall be assessed to the Owners equally and shall be paid as the Board shall determine. The provisions herein with respect to special and emergency assessments do not apply in the case where the Special Assessment against a member is a remedy utilized by the Board to reimburse the Association for costs incurred in bringing the member and his Lot into compliance with the provisions of the governing instrument for the Planned Community. 4.4 Pa ment of Assessments. Each Owner shall be obligated to pay Regular Assessments made pursuant to this Section 4 to the Association in equal monthly installments on or before the first day of each month in advance, or in such other manner as the Soard shall designate. The Board shall provide each Owner with a statement of the Annual Assessment within ten {10} days prior to the beginning of each fiscal year, but shall not be obligated to provide monthly statements to any Owner thereafter. Special Assessments shall be payable in such manner as the Board shall designate. X1.5 Commencement of Assessments. The Regular Assessments shall commence as to each Lot in the Project upon the close of the sale of the first Lot to someone other than Declarant. The first Regular Assessment shall be adjusted according to the number of months remaining in the fiscal year and the initial payment due with respect to a partial month from an Owner, other than Declarant, shall be prorated as of the close of escrow for the purchase of such Owner's Lot. The Association shall, within ten {10) days after demand and upon payment of a reasonable fee as DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CREEKSIDE VIIILAGE -PAGE 11 determined by Resolution of the Board, furnish to an Owner a cez~tificate signed by an officer of the Association stating whether assessments on his/her Lot have been paid. 4.G Reimbursement Assessment. The Board shall levy an assessment against any Owner who has failed to comply with, or has breached this Declaration, or the Association Rules or Bylaws, for whom monies or expenses were expended ar incurred by the Association from the operating fund in performing its functions or enforcing the provisions of this Declaration, the Association rules or Bylaws. Such assessment shall be for the purpose of reimbursing the Association and shall be limited to the amount so expended or incurred and shall be due and payable to the Association when levied. 5. ENFORCEMENT OF ASSESSMENTS 5.1 Covenant to Pay.Assessments. Declarant covenants and each Owner, other than Declarant, by acceptance of a deed to a Lot, shall be deemed to covenant to pay to the Association Regular Assessments, Special Assessments, Emergency Assessments and Reimbursement Fees levied in accordance with Section 4. 5.2 Enforcement. Each assessment levied hereunder shall be a separate, distinct and personal debt and obligation of the person who was the Owner of such Lot at the time such assessment became due and payable. In the event of a default in payment of any such assessment, the Association may enforce each such obligation by any and all remedies provided by law. In the event the Association brings an action to enforce each such assessment obligation, any judgment rendered in any such action shall include a sum for reasonable attorneys' fees in such amount as the Court may adjudge against the defaulting Owner, including reasonable attorneys' fees on appeal. 6. ARCHITECTURAL CONTROL 6.1 Architectural Committee. There shall be an Architectural Committee comprised of three (3) members, who shall be appointed by and who shall serve at the pleasure of the Board. The Declarant shall appoint all of the original members of the Architectural Committee and ali replacements until seventy-five percent (75%} of all Lots in the Planned Community have been sold and built upon. Thereafter, the Board shall have the power to appoint all of the members of the Architectural Committee. Members appointed to the Architectural Committee by the Declarant need not be members of the Association. The Architectural Committee, with the approval of the Board, shall have the right to hire a licensed architect, a landscape architect, an engineer or such other professionals as may be required to advise the Architectural Committee in carrying out its duties pursuant to this Section 6. 6.2 Duties of Architectural Committee. It shall be the duty of the Architectural Committee to consider and act upon any and all proposals or plans submitted to it pursuant to the terms hereof, to insure that overall building designs, roof pitch and tile, any painting or exterior coverings, window placements and sizes or improvements constructed or significantly changed, which shall also include landscaping and plantings, on the Project by anyone other than the Declarant conform to plans approved by the Architectural Committee. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CREEKSI,DE VIILLAGE -PAGE 12 ~d No person shall make any alterations to the exterior of a Dwelling Unit, including changes in color, until the complete plans and specifications, showing the Iocation, nature, shape, height, form of change {including, without limitation, any other information specified by the Architectural Committee) shall have been submitted to and approved in writing by the Architectural Committee. 6.3 Architectural Rules. 6.3.1 Initial Architectural Rules. 6.3.1.1 Landscape Plan. Each Owner shall, as part of initial construction of a dwelling or upon. significant remodeling impacting the exterior of the dwelling, submit to the Architectural Committee and obtain approval of a landscape plan. The Architectural Committee shall require that any prominent trees be preserved. 6.3.1.2 Sidewalks and ,Driveways. All drives, driveways and sidewalks connecting a residence to the public road shall be paved with asphalt or cement. 6.3.1.3 Covered Porches. Designs for residences shall, when practical, include covered porches and other unique features. 6.3.2 Amendment of Architectural Rules. Upon the expiration of Declarant's control under Section 6.1, the Board may, from time to time, and in its sole and absolute discretion, adopt, amend and repeal rules and regulations, to be known as "Architectural Rules." Said Rules shall interpret and implement this Declaration by setting forth the standards and procedures for any Committee review and the design guidelines for architecture design, placement of buildings, landscaping, color schemes, exterior finishes and materials and similar features which are recommended for use within the Project. 6.4 Application for Approval, of Improvements. An Owner must submit plans for initial construction on a Lot within twelve (12) months of purchasing a Lot. Any Owner, except the Declarant and any of his designated agents, proposing to perform any work of any kind which requires the prior approval of the Architectural Committee pursuant to any provision in this Declaration, shall apply to such Architectural Committee for approval by notifying the Architectural Committee of the nature of the proposed work in writing and furnishing such information as the Architectural Committee may reasonably require. 6.5 Approval/Disapproval. All approvals given under this Section 6 shall be in writing. If a request for approval has not been granted or denied within forty-five X45) days from the date of submission of all information requested by the Architectural Committee, the proposal shall be deemed approved. After Declarant no longer appoints the Architectural Committee as provided in Section 6.1, if the Architectural Committee denies the proposal, the applicant shall have the right to appeal such decision to the Board by giving written notice thereof to the President or Secretary of the Board within ten (10) days after written notice of disapproval is given to the applicant by the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CREEKSYDE VILLAGE -PAGE 13 ~.. Architectural Committee. Any such appeal shall be conducted pursuant to rules and regulations established by the Board. The Board's decision shall be final. 6.G Com letion of Work. The Owner shall complete the exterior construction, reconstruction, refinishing ar alteration of any such improvement within six (6} months after approval of plans by the Architectural Committee, except and for so long as such completion is rendered impossible or would result in great hardship to the Owner due to strikes, fires, national emergencies, natural calamities or other intervening forces beyond the control of the Owner or his agents. No dwelling shall be occupied permanently or temporarily until such time as the exterior is completed and a Certificate of Occupancy or similar permit is obtained from Jackson County or other appropriate governmental body. Landscaping on each Lot shall be completed within six {6}months after completion of the dwelling on such Lot. If the Owner fails to comply with this Section 6.6, the Board may proceed in accordance with the provisions of Section 6.7 as though the failure to complete the improvement were a noncompliance with approved plans. 6.7 Ins ection of Work. Inspection of work and correction of defects therein shall proceed as follows: {a) Upon the completion of any construction or reconstruction or the alteration or refinishing of the exterior of any improvements, or upon the completion of any other wank for which approved plans are required under this Section 6, the Owner shall give written notice thereof to the Architectural Committee. {b} Within forty-five {4S}days thereafter the Architectural Committee, or its duly authorized representatives, may inspect such improvement to determine whether it was constructed, reconstructed, altered ar ref Wished to substantial compliance with the approved plans and shall report its findings and recommendation to the Board. If the Board finds that such construction, reconstruction, alteration or refinishing was not done in substantial compliance with the approved plans, it shall notify the Owner in writing of such noncompliance, specifying particulars of noncompliance, and shall require the Owner to remedy such noncompliance. {c) If upon the expiration afthirty {34) days from the date of such notification, the Owner shall have failed to remedy such noncompliance the Board shall set a date on which a hearing before the Board shall be held regarding the alleged noncompliance. The hearing date shall be not more than thirty (30}days nor less than f fteen {15) days in advance of notice thereof by the Board to the Owner, the Architectural Committee and, in the discretion of the Board, to any other interested party. The hearing procedures shall conform to those adapted by the Board pursuant to the Bylaws or Rules. (d) At the hearing, the Owner, the Architectural Committee and, in the Board's discretion, any other interested person may present information relevant to the question ofthe alleged noncompliance. After considering all such information, the Board shall determine whetherthere is a noncompliance and, if so, the nature thereof and the estimated cost of correcting or removing the sarrze. If a noncompliance exists, the Board shall require the Owner to remedy or remove the same DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CREEKSIDE VILLAGE -PAGE 14 a~ i. within a period of not more than forty-five {4S) days from the date of tl~e Board ruling. If the Owner does not comply with the Board ruling within such period or within any extension of such period as the Board, in its discretion, may grant, the Board, at its option, may either remove the noncomplying improvement or remedy the noncompliance, and the Owner shall reimburse the Association for all expenses incurred in connection therewith upon demand. If such expenses are not promptly repaid by the Owner to the Association, the Board shall levy a Reimbursement Assessment against such Owner pursuant to Section 4.'~, hereof. {e} If for any reason the Board fails to notify the Owner of any noncompliance within forty-five {4S} days after receipt of said notice of completion from the Owner, the improvement shall be deemed to be in accordance with said approved plans. 6.8 Liabili .Neither the Architectural Committee nor any member thereof or their delegates shall be liable to the Association or to any Owner for any damage, loss or prejudice suffered or claimed on account of {a} the approval or disapproval of plans, drawings and specifications, whether or not defective, (b) the construction or performance of any work, whether or not pursuant to approved plans, drawings and specifications, {c) the development of any property within the Project ar (d) the execution and filing of an estoppel certificate whether or not the facts therein are correct; provided, however, that such member has acted in good faith on the basis of such information as may be possessed by him. Without in any way limiting the generality ofthe foregoing, the Architectural Committee, or any member thereof, may, but is not required to, consult with or hear the views of the Association or any Owner with respect to any plans, drawings, specifications or any other proposal submitted to the Architectural Committee. Approval by the Architectural Committee does not mean said Architectural Committee is warranting or incurring any liability for the structural adequacy of the plans, drawings and specifications submitted to and approved by said Architectural Committee. Plans, specifications and drawings may require building permits and other entitlements from the appropriate governmental agencies. 7. PROPERTY RIGHTS AND EASEMENTS 7.1 Common Areas. None of the Common Areas will be owned by the Declarant but any rights to access to any or all of the Common Area shall be transferred to the Association at or prior to the Turnover meeting. 7.2 Access to Common Area. Declarant hereby reserves an easement over any Lot designated as the Landscape or Common Area for constructing or installing landscaping and Project signage. 8. DEVELOPMENT RIGHTS 8.1 Limitations of Restrictions. Declarant is undertaking the work of constructing improvements identified in Section $.2 and incidental improvements upon the Lots included within the Project. The completion of that work and the sale, rental and other disposal afLats is essential to the establishment and welfare of said property as a residential community. In order that said work DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CREEKSII~E VILLAGE -PAGE 1 S ~~ may be completed and said property be established as a fully occupied residential community as rapidly as possible, nothing in this Declaration shall be understood or construed to: (a) Prevent Declarant, his contractors, subcontractors, or permittees from obtaining reasonable access over and across any Common Area of the Project or from doing ,on any Lot or any portion of the Project, whatever is reasonably necessary or advisable in connection with the completion of said work; or (b) Prevent Declarant or his representatives from erecting, constructing and maintaining on any part ar parts of the Proj ect such structures as may be reasonably necessary for the conduct of their business of completing said work and establishing said property as a residential community and disposing of the same in parcels by sale, lease, or otherwise, including the right to maintain model homes; or (c) Prevent Declarant from maintaining such signs within the Project, as may be necessary for the sale, lease or disposition of the Lots therein, including the right to maintain a sales and resale office in or on some portion of the Project owned by Declarant, $.2 Declarant's Development Rights. Notwithstanding any other provision herein contained, Declarant expressly retains unalterable rights to develop the Real Property described on "Exhibit A" and sell lots to have homes constructed thereon in the manner deemed desirable by Declarant in Declarant's sole discretion, provided, however, that Declarant has or shall obtain governmental consents where required by law. Upon development of all such Property, Declarant shall have constructed or shall construct the following improvements: 1. Private street, curbs and gutters required by the Approvals; 2. Mailbox pads, street sign; 3. Storm drains, sewer line, stub sewer hookup to curb. Declarant will not construct sidewalks, fencing or landscaping. Nothing in this Declaration shall limit the right of Declarant to commence and complete construction of improvements to the Project or to alter the foregoing or the Lots or open space or to construct such additional improvements as Declarant deems advisable prior to the completion and sale of the entire Real Property described on "Exhibit A." Declarant may use any of the Lots within the Project awned by him for model homesites, sales offices, and parking therefore. Declarant may use any dwellings upon Lots owned by him as a temporary overnight residence and for promotional purposes in connection with his sales program. Declarant shall have the right and easement to enter upon, use and enjoy the Common Areas for the purpose of completing improvements thereon or for the performance of necessary repair work. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CREEKSIDE VILLAGE -PAGE 16 ,...« Declarant reserves the right to alter his construction and development plans and designs as he deems appropriate, subject to applicable governmental approvals. The rights of Declarant under this Declaration may be assigned to any successor or successors to all or part of his interests in the Real Property described an "Exhibit A" by an express assignment incorporated in a recorded deed, option or (ease, as the case maybe, transferring such interest to such successor. This Declaration shall not limit the rights of Declarant to at any time prior to acquisition aftitle by a purchaser from Declarant, to establish on any Lot additional licenses, reservations and rights-of way to utility companies onto others as may from time to time be reasonably necessary to the proper development and disposal of the Real Property described on "Exhibit A." 8.3 Turnover to Association. No later than the 60f" day from the date Declarant conveys the six Lots of the Planned Community to Owners other than a successor Declarant, Declarant shall call a meeting of the Owners to transfer over administrative responsibility for the Planned Community to the Association. Such turnover shall be conducted as required by ORS 94.609 and 94.616. Declarant shall transfer title of the Common Area to the Association no later than the turnover meeting. 8.4 Consent of Declarant to Amendments. Until Declarant shall sell all of the Lots in the Project {lots 1-6), no amendment to this Declaration shall be effective to curtail or eliminate Declarant's development rights set forth herein, including but not limited to the right to appoint Directors to the Board and the appointment of Architectural Committee members, without Declarant's consent. 9. DAMAGE OR DESTRUCTION 9.1 Insurance Proceeds Sufficient. In the event of damage or the partial destruction of arty of the Common Area improvements in the Project, and, if the available proceeds of the insurance carried pursuant to the Bylaws are sufficient to cover not less than eighty-five percent {85%) of the cost of repair or reconstruction thereof, the damaged or destroyed improvements shall be promptly repaired and rebuilt substantially in accordance with the original design and standard of construction of the damaged or destroyed improvement, unless, within ninety {90) days from the date of such damage or destruction, at a duly constituted meeting of the Association, Members representing seventy-five percent (75%) of the total voting power of the Association determine that such repair and reconstruction shall not take place. 9.2 Insurance Proceeds Insufficient. If the available proceeds of such insurance are less than eighty-five percent (85%) of the cost of repair or reconstruction, such repair or reconstruction may, nevertheless, take place if, r~vithin ninety {90) days from the date of such damage or destruction, Members representing fifty-one percent {51 %) of the total voting power of the Association so elect at a duly constituted meeting of the Association. 9.3 Assessments. If the Members determine to rebuild, either pursuant to Section 9.1 or Section 9.2 above, each Owner shall be obligated to contribute such funds as may be necessary to DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CREEKSIDE VILLAGE -PAGE l7 ....r pay hisCher proportionate share of the cost of reconstruction, over and above the insurance proceeds. Such additional amount shall be assessed to each Owner in the manner provided in Section 4, above. 9.4 Failure to Rebuild. If rebuilding of the Common Area shall not be authorized, either pursuanf to Section 9.1 or Section 9.2, above, any available insurance proceeds shall be collected by the Association and used by the Association for such improvements as it shall deem appropriate. 10. MORTGAGEE PROTECTION 10.1 Mortgages Permitted. Any Owner may encumber his Lot with Mortgages. 10.2 Non-Curable Breach. No Mortgagee who acquires title to a Lot by foreclosure or by deed inlieu of foreclosure orassignment-in-lieu of foreclosure shall be obligated to cure any breach of this Declaration that is non-curable or of a type that is not practical or feasible to cure. 10.3 Ri ht to Furnish Information. Any Mortgagee may furnish information to the Board concerning the status of any Mortgage. 10.4 Ri ht to Examine Books and Records Etc. The Association shall make available to Owners, prospective purchasers and First Mortgagees, current copies of the Project Documents and the books, records and financial statements of the Association. "Available" means available for inspection, upon request, during normal business hours or under other reasonable circumstances. Any first Mortgagee shall be entitled, upon written request and at its expense, to an audited financial statement for the immediately preceding fiscal year. Such financial statement shall be furnished by the Association within a reasonable time following such request. 10.5 Owners' Ri ht to In ress and E ress. There shall be no restriction upon any Owners' right of ingress and egress to his Lot, which right shall be perpetual and appurtenant to his Lat Ownership. 10.6 Notice of lntended Action. Upon written request to the Association, any First Mortgagee shall be entitled to timely written notice of: (a} Any proposed amendment to the Project Documents effecting a change in (i) the boundaries of any Lot ar the exclusive use rights appertaining thereto, if any, (ii) the interests in the general or exclusive use Landscape Areas, if any, appertaining to any Lot or the liability for common expenses appertaining thereto, (iii} the number of votes in the Association appertaining to any Lot, or (iv} the purposes to which any Lot or the Landscape Areas are restricted; Community. (b} Any proposed termination of the legal status of the Project as a Planned DECLARATION OP COVENANTS, CONDITIONS AND RESTRICTIONS FOR CREEKSIDE VILLAGE -PAGE ~. 8 (c) Any condemnation loss or casualty loss which affects a material portion of the Project or any Lot on which there is a First Mortgage held, insured or guaranteed by such requesting party. (d} Any delinquency in the payment of Assessments or Individual Charges owed by an Owner of a Lot subject to a First Mortgage held, insured or guaranteed by such requesting party which remains uncured for a period of sixty (60) days. {e) Any lapse, cancellation or material modification of any insurance policy ar fidelity bond maintained by the Association. 10.7 Taxes. First Mortgagees of Lots may, jointly or singly, pay taxes or other charges which are in default and which may ar have become a charge against the Landscape Area and may pay overdue premiums an hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy. 10.8 Maintenance Reserves. Association Assessments or charges shall include an adequate resezve fund for maintenance, repairs and replacement of those elements of the Landscape Area which must be replaced on a periodic basis and shall be generally funded through Regular Assessments rather than through Special Assessments. 10.9 Notice of Default. A First Mortgagee, upon request, shall be entitled to written notification from the Association of any default in the performance by the affected Lot Owner of any obligation under the Project Documents which is not cured within sixty (60) days. 11. AMENDMENTS 11.1 Procedure. Except as otherwise herein expressly provided (See Section 8.3}, until the two (2) class voting structure of the Association is converted to one {i) class voting, this Declaration may be amended by an instrument in writing signed and acknowledged by the President and Secretary of the Association, certifying that such amendment has been approved by members representing at least seventy-five percent (75%} of the total voting power of each class of membership ofthe Association. At such time as the two (2} class voting structure has been converted to one (1 }class voting pursuant to the provisions hereof, any such amendment sha1I be approved by seventy-five percent {75%} of the total voting power of the Association and seventy-fve percent (7S%} of the votes of members other than the Declarant. Provided that, the percentage of the voting power necessary to amend a specific clause or provision shall not be less than the percentage of affirmative votes prescribed to take action under said clause or provision. Provided further that, the Declarant shall have the power and authority to amend this Declaration when required by a governmental agency as a condition to obtaining a permit. I2. GENERAL PROVISIONS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CREEKSIDE V]CLLAGE -PAGE 19 ~~ 12.1 Binding Effect; Term. The covenants, conditions and restrictions of this Declaration shall run with the land, and shall inure to the benefit of and be enforceable by the Association, or any Owner, their respective legal representatives, heirs, successors, and assigns. 12.2 Nuisance. Every act or omission whereby any provision of this Declaration is violated in whole or in part is hereby declared to be a nuisance and may be enjoined or abated, whether the relief sought is negative or affirmative action, by Declarant, the Association or any Owner. 12.3 Violation of Law. Any violation of any federal, state, municipal, or local law, ordinance or regulation, pertaining to the Ownership, occupation ar use of the Project ar any part thereof is hereby declared to be a violation of this Declaration and subject to any or all of the enforcement procedures set forth herein. 12.4 Condemnation of Common Area. If at any time all or any portion of any Common Areas, or any interest therein, is taken far any public or quasi_public use, under any statute, by right of eminent domain or 6y private purchase in lieu of eminent domain, the entire award in condemnation shall be paid to the Lot Owners of the property condemned, provided the Association is released from any and all obligations of landscaping or maintenance. 12.5 Obli ations of Owner. No Owner may avoid the burdens or obligations imposed on him/her by this Declaration through non-use or by abandonment of his/her Lot. Upon the conveyance, sale, assignment or other transfer of a Lot to a new Owner, the transferring Owner shall not be liable for any assessments levied with respect to such Lat after the date of such transfer, and na person, after the termination of his status as an Owner and prior to his again becoming an Owner, shall incur any of the obligations or enjoy any of the benefits of an Owner under this Declaration. 12.6 Notice of Sale. Within f ve {5) business days after the consummation of the sale of any Lot under circumstances whereby the transferee becomes an Owner thereof, the transferee shall notify the Association in writing of such sale. Such notification shall set forth (i} the name of the transferee and his/her transferex, (ii} the street address of the Lot purchased by the transferee, {iii) the transferee's mailing address, and {iv} the date of sale. Prior to receipt of such notification, any and all cornmunicationsrequired orpermitted to be given by the Association, the Board or the Architectural Committee shall be deemed to be duly made and given to the transferee if duly and timely made and given to his/her transferor. 12.7 Notices. Any written notice or other documents relating to ar required by this Declaration may be delivered either personally or by mail. If by mail, such notice or document shall be deemed to have been delivered and received five (S) calendar days after a copy thereof has been deposited in the United States postal service, postage prepaid, addressed as follows: (a} if to the Association, to the address designated by the Association as its principal office addz'ess in the Articles of Incorporation; DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CREEKSIDE VILLAGE -PAGE 2 0 .,. ,~ (b) If to an Owner, to the address of any Lot owned, in whole or in part, by him/her or to any other address last furnished by an Owner to the Association; (c} If to Declarant: Paul Grout P. O. Box 8210 Medford, Oregon 97501 Provided, however, that any such address may be changed at any time by the party concerned by delivering a written notice of change of address to the Association. Each Owner of a Lot shall file the correct mailing address of such Owner with the Association, and shall promptly notify the Association in writing of any subsequent change of address. 12.8 Cumulative Remedies. Each remedy provided by this Declaration is curriulative and not exclusive. 12.9 Partial Invalidity. The invalidity or partial invalidity of any provision of this Declaration shall not affect the validity of enforceability of any other provision. 12.10 Numbers Gender. As used herein, the singular shall include the plural and the plural the singular unless the context requires the contrary, and the masculine, feminine and neuter shall each include the masculine, feminine or neuter, as the context requires. 12.11 Contracts. Any agreement for professional management ofthe Project, which is to be assumed by the Association, or any other contract providing for services, entered into by the Declarant shall nat exceed three (3} years. Any such agreement must provide for termination by either party without cause and without payment of a termination fee on thirty (30} days or less written notice. IN WITNESS WHEREOF, Declarant has executed this Declaration this day of 2aos. Paul Grout, Declarant DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CREEKSIDE VILLAGE -- PAGE 21 rr,a STATE OF OREGON ) ) ss County of Jackson ) On this day of , 2005, personally appeared before me the above- namedperson, Paul Grout, and acknowledged the faregoing Declaration of Covenants, Conditions and Restrictions to be his voluntary act and deed. Notary Public for Oregon My Commission Expires: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CREEKSTDE VYLLAGE -PAGE 22 EXI-IIBIT "J" PLANNING DEPARTMENT RECOMMENDED CONDITIONS OF APPROVAL 1. Prior to Final Plat approval, the applicant shall submit to the City a copy of the proposed Covenants, Conditions and Restrictions (CC&Its} for Creekside Village PUD within one year's time, or July 5, 2006. 2. The applicant shall comply with all requirements imposed by affected public agencies and utilities as they pertain to the development of the Creekside Village PUD. Evidence of such compliance shall be submitted to the City prior to Final Plat approval. 3. The applicant shall comply with all federal, state and Iocal regulations, standards and requirements applicable to the development and construction of the Creekside Village PUD. 4. Public street shown on Tentative Plan shall be named prior to recording of Final Plat. 5. 10 foot Public Utility Easement immediately behind sidewalk shall be indicated on Final Plat. 5. Minimum setback requirements on lots will be 20 feet for the front yard; l 5 feet for the rear yard and S feet per.f7oor for side yards. 7. No structures, including covered porches, patios, decks and balconies shall be closer to any property line than what minimum setback requirements allow. .~. ~~ ~ ~~~~~ 1, ~ ~' Public Works Department PUBLIC WO. 'ORT CENTRAL POINT Bab Pierce, Director Matt 5amitore, Dev_ Services Coord. July 21, Zoos TO: Planning Department ?ROM: Public Works Department SUBJECT: Tentative Subdivision and Planned Unit Development far 37 2W lODC, Tax Lot 109 Creekside Village PUD A~t~licant Grout & Associates, LLC P.O. Box 8210 Medford, OR 97501 Property Description/ R-1-6 Zoning Purpose Provide information to the Planning Commission and Applicant (hereinafter referred to as "Developer") regarding City Public Works Department (PWD} standards, requirements, and conditions to be included in the design and development of the proposed. Gather information from the Developer/Engineer regarding the proposed development. A City of Central Point Public Works Department Staff Report is not intended to replace the City's Standards & Specifications. Staff Reports are written in coordination with the City's Standards & Specifications to form a useful guide. The City's Standards & Specifications should be consulted for any information not contained in a Public Works Staff Report. Existing Infrastructure 1. Streets: This section of Beall Lane is improved to a paved width of 24 feet. Beall Lane is classi- f ed in the City's Transportation System Plan as a Minor Arterial. 2. Water: There is an existing twelve-inch water line in front of the subject property. 155 Sauth Second Sfreet Centro! Point, OR 97502 ®541.664.3327 Fax 541.664.6384 .._ 3. Storm Drain: There is no existing storm drain facilites within the immediate area Creekside Village PUD Transportation Currently Beall Lane is a country road that is paved to twenty four to forty feet in width. In the City of Central Point's Transportation System Plan Beall Lane is classified as a Minor Arterial. When improved, Minor Arterials are designed to handle up to 10,000 vehicle trips a day ar 1000 P.M. Peak Hour Trips. The most recent traffic counts for Beall Lane were conducted by the City of Central Point in 2004. The total trips per day were approximately 5000. No major transportation improvements or land use applications have occurred since the count was completed. If approved as a PUD the proposed project entails the development of six residential lots. Based on the Institute of Transportation Engineers (ITE) Trip Generation Manual base figure of 9.55 average trips per day per residence, the project would potentially create up to 57.3 average daily trips or roughly 5.7 P.M. peals hour trips. The Public Works Department does not have standards that require Traffic Studies far new development. The City typically uses the Oregon Department of Transportation's (ODOT) Guide to Development Impact Analysis as a guideline for requiring traffic studies. Only developments of 1 SO or more single family homes require a traffic study The applicant has also proposed the use of a private street within the development, if approved as a PUD. The Public Works Department is requesting that the street remain as a public street. The curb to curb face is adequate for a minor residential street with parking on one side. The applicant will responsible for improving Beall Lane along the property frontage. These improvements will be additional paving width, curb, gutter and sidewalks. Conditions of Approval 1. Beall Lane _Tmprovements: Developer will be responsible for constructing curb, gutter, and sidewalk and additional paving width to Beall Lane along the property frontage to a minor arterial standard. The Developer is eligible far some street System Development Charge (SDC} reimbursement for the upsiz- ing costs. 2. Subdivision Street: if approved as a PUD, the Public Works Department is requesting that the street become a public Street. The developer is also proposing a five landscape strip and a five foot sidewalk on private property. The landscape strip will also need to be a water meter easement and the sidewalks need to be in a dedicated easement as well. 3. Street Name: Developer shall submit a proposed street name for review and approval prior to issuance of Final Plat. 955 South Second Street Central Point, OR 97502 ~ 549.664.3327 _~ Fax 547.664.6384 ~~ 4. Public Utility Easement: If approved as a PUD, a ten feet wide public utility easement immediately be- hind the sidewalk easement. 5. Garage setbacks: If approved as a PUD, the public works department requests that the front yard set- back for the garage be measured from the back of sidewalk instead of the true property line. This al- lows far vehicles parking outside of the garage to be located outside of the sidewalk area. f. Grading Permit: The City of Central Point Building Department requires grading permits for all new subdivisions. Developer will need to provide a valid grading plan as part of construction documents and receive a permit from the building department prior to construction. 7. Street Tree Plan: Prior to issuance of a building permit, the applicant shall submit for approval by the Public Works Director, a landscape plan for the areas designated for landscape rows. The plan shall in- clude construction plans, irrigation plans, details and specifications for the trees to be planted within the landscape rows. Plantings shall comply with Municipal Cade Section 12.36. Tree plantings shall have at least a l ~/2" trunk diameter at the time of installation. All street trees shall be irrigated with an auto- matic underground irrigation system. The current site plan does not indicate trees planted at 20-40 feet on center. Standard Spec~catians and Goals The Central Point Public Works Department is charged with management of the City's infrastructure, including streets, waterworks, and storm water drainage facilities. In general, the Department's "Standard Specifications and Uniform Standard Details for Public Works Construction" shall govern how public facilities are to be constructed. The Developer is encouraged to obtain the latest version of these specifications from the Public Works Department. Central Point Public Works is committed to working with the Planning Department and developers to assure that all developments are adequately served by public facilities. Public facilities not owned or maintained by the City of Central Point include: Power (PP&L}, Gas {Avista}, Communications (Qwest}, and Sanitary Sewer {RVSS}. In working together it is the Department's expectation that the developer will feel free to call on the Department whenever the standard specifications are not, in the developer's opinion, adequately zx~eeting the needs of the development. The Department will listen to the developer's concerns and work with the developer to achieve the best outcome. However, the Department is not obligated to assure a profitable development and will not sacrifice quality for the sole purpose of reducing cost to the developer. It is always the developer's obligation to provide the public improvements necessary, as determined by the Public Works Department, to serve the development. The Department and the developer also have an obligation to assure that public facilities are constructed so that other properties are not adversely impacted by the development. 155 South Second Street - Cenfrai Point, OR 97502 ®541.664.3321 Fax 549.664.6384 ~~ Development Plans -Required .Information Review of public improvement plans is initiated by the subzxzittal of 3 sets of plans that az•e at least 95% complete. The plans shall include those of other agencies such as RVSS. Hollowing plan review, the plans will be returned to the Developer's engineer including comments from Public Works Staff. In order to be entitled to further review, the Applicant's Engineer must respond to each comment of the prior review. All submittals and responses to comments must appear throughout the plans to be a realistic atten;pt to result in complete plan approval. Upon approval, the Applicant's Engineer shall submit (4) copies of the plans to the Department of Public Works. In general, the plan submittal shall include plan and prof le for streets, water, storm drainage and sanitary sewers, storm drainage calculations, storm drainage basin znap, erosion control plan, utility and outside agency notifications and approvals. The plan may also include applicable traffic studies, legal descriptions and a traffic control plan. Public Works Permit A Public Works Permit will only be issued after the Department Director approves the final construction drawings. After approval, the fees associated with the development will be calculated and attached to the public works permit. All fees are required to be paid in full at the tune the Public Works Permit is issued, except Public Works Inspection fees. After project completion during the final plat application process, the Public Works Inspector will calculate the appropriate amount of inspection time to assess the developer. Before the f nal plat application is processed the developer must pay the relevant inspections fees anal bond for any uncompleted improvements (as determined by the Public Works Director). Creekside Pillage PUD -Plans 1. Three sets of plans at 95% complete stage are to be submitted for review by the Public Works Depart- ment. 2. Once approval is achieved the Developer shall submit four sets of plans to the Public Works Depart- ment for construction records and inspection. 3. The Developer's Engineer shall document changes to the approved drawings made iza the field. A my- lar and digital copy of the final "as-built" drawings will be required before the final plat application is processed. Creekside Village PUD -Protection a, f'Ea:istisig Facilities 155 South Second Street Central Point, OR 97502 ®549.664.3321 y Fax 549.664.6384 ~~~ The locations of existing facilities shall he shown on all applicable construction drawings for Public Works projects as follows: 1. The exact locations of underground facilities shall be verified in advance of any public works construc- tion, in cooperation with the public or private utilities involved. 2. All existing underground and surface facilities shall be protected from damage during desi~z and con- struction of public works projects. 3. Any existing facilities not specifically designated for alteration or removals, which are damaged during construction, shall be restored or replaced to a "same as" or better than condition, at the expense of the Developer. 4. Suitable notice shall be given to all public and private utility companies in advance of construction for the purpose of protecting or relocating existing facilities. Creekside Village PUD -Water Connection 1. Water systezxz designs shall consider the existing water system, master plans, neighborhood plans and approved tentative plans. The Developer, Engineer and Contractor shall provide the necessary testing, exploration, survey and research to adequately design water system facilities, which will connect to and be a part of, ar an extension of the City water system. All requirements of the Oregon State Plumbing Specialty Code and the Oregon State Health Department, as they pertain to Public Water Systems, shall be strictly adhered to. 2. The City of Central Point Public Works Standards & Specifications should be consulted for specific iz~farzxzation regarding the design and construction of water system related components. Creekside Village PUD -Streets 1. The Developer's street designs shall consider the needs of people with disabilities and the aged, such as visually impaired pedestrians and mobility-impaired pedestrians. Every effort should be made to locate street hardware away from pedestrian locations and provide a surface free of bumps and cracks, which 955 South Seconc! Streef Central Poinf, OR 97502 ®541.664.3321 P Fax 541.fi64.6384 create safety and mobility problems. Smooth access ramps shall be provided where required. All de- sigms shall conform to the current American Disabilities Act (ADA) or as adopted by the Oregon De- partment of Transportation {ODOT}, Oregon Bicycle and Pedestrian Plan. The determination of the pavement width and total right-of--way shall be based on the operational needs for each street as determined by a technical analysis. The technical analysis shall use demand volumes that reflect the maximum number of pedestrians, bicyclists, parked vehicles and motorized vehicle traffic expected when the area using the street is fully developed. Technical analysis shall take into consideration, transportation elements of the Comprehensive Plan, TOD, neighborhood plans, approved tentative plans as well as existing commercial and residential developments. All street designs shall be coordinated with the design of other new or existing infrastructure. Creekside Village PUD - Storfn Drain It shall be the responsibility of the Developer's Engineer to investigate the drainage area of the project, including the drainage areas of the channels or storm sewers entering and leaving the project area. if a contiguous drainage area of given size exists, the engineer may use information that has formerly been established if it includes criteria for the drainage area at complete development under current zoning and Comprehensive Plan designations. if the City does not have such information, the engineer shall present satisfactory information to support his storm sewerage design. The engineer shall also be re- quired to provide all hydrology and hydraulic computations to the Public Works Department that are necessary to substantiate the storm sewer design. The storm water sewer system design shall be in con- formance with applicable provisions of Oregon DEQ, DSL and ODFW and United States COE and consistent with APWA Storm Water Phase ll requirements. 2. The City of Central Point Public Works Standards & Specifications should be consulted for specific in- formation regarding the design and construction of storm drain related components. Creekside Village PUD ~-Rewired Submittals 1. All design, construction plans and specifications, and "as-built" drawings shall be prepared to accept- able professional standards as applicable, the Developer shall provide copies of any permits, variances, approvals and conditions as may be required by other agencies, including, but not limited to Oregon De- partment of Fish and Wildlife (DFW), Oregon Department of Environmental Quality {DEQ}, Oregon Division of State Lands {DSL), Oregon Department of Transportation (ODOT) approval for storm drain connection and easement, landscape berms, U.S. Army Corps of Engineers (ALOE), affected irrigation districts, Bear Creak Valley Sanitary Authority {RVSS}, and Jackson County Road and Park Services Department (JC Roads}, DSL and ALOE, as applicable (wetland mitigation). 155 South Second Sfreet Centraf Point, DR 97502 ~ 541.664.3321 <~~- Fax 541.664.6384 2. dire District No. 3 must approve all streets and water improvement plans in writing prior to final review by City PWD. During construction, any changes proposed shall be submitted in writing by the Developer's Engineer to the City Public Works Department for approval prior to installation. ?55 Soufh Second Street Centraf Point, 4R 97502 ®54?.664.332? ~ Fax 541.664.6384 ~~ c., / S - u ~ BUILDING DEPARTMENT I^" \~ l ~ ~ , t~ . ! -~- L.. l.ais peBenedetti, Building Qfficial BUILDING DEPARTMENT STAFF REPORT June 14, 2005 TO: Planning Department Planning file no. 05070 FROM: Building Department SUBJECT: Creekside Village PUD -off Beall Lane APPLICANT: Name: Paul Grout Address P. O. Box 8210 City: Medford State: Oregon ] Zip code: 97501 PROPERTY DESCRIPTION: Southeast 114 Section 10 Townshi 37South Ran e 2 West Willamette Meridian Cit of Central Point 37-2W-10DB TL 9300 . 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 of the proposed project. This is not a plan review. This report is preliminary and compiled solely for use by the Centra! Point Planning Commission, -1- 155 South Secand Street Central Point, OR 97502 ¢ 541.GG4.3321 Fax 541.G64.f~384 BUILDING DEPARTMENT STAFF REPORT BUILDING DEPARTMENT COMMENTS: 1. 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. If a private storm drain system is proposed it must be reviewed and a permit issued by the Central Point 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 and Chapter 4 of the ODSC. 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 andlor 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 presen#, 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 ,t and chapter 18 and ODSC chapter 4 regarding any fill material placed on the site. Fills to be used to support the foundation of any building or structure shall be placed in accordance with accepted engineering practices. -2- 155 South Second Street Central Point, OR 9'7502 ~ 541.664.3321 Fax 541.664.6384 .~ ~. :BUILDING DEPARTII~ENT STAFF REPORT A soil investigation report and a report of satisfactory placement of fill (including special inspections of placement of fill and compaction} acceptable to the Building Official shall be submitted prior to final of the gradinglexcavation permit. Building permits will not be issued until gradinglexcavation permit is finalled. Exception: 1. The upper 1. 5 foot of fill placed outside of public rights-of- way. 2. The upper 1.5 foot of fill that does not underlie buildings, structures, or vehicular access ways or parking areas. 6. To trove or demolish any existing structures located on the property call the Building Department for permit requirements. ?. Notify the City Building Department of any existing wells, or septic systems located on the property. 8. Any development (any rnan-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 l1ltunicipa! Code 8.24.128. 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. _3_ 155 South Second Street Central Point, 4R 97502 ~ S4I.664.3321 Fa;~ 541.664.3$4 ~~ ~~6/23/2~fl5 28:51 8264566 JCFD3 }~l~S C7FC ~'~1G~ F~21~3 ~ac~CSOn ~,oun~y ~irG ~is~rict ~o. ~ ~~: ;~ 8 ~ 3 3 arc }~.oac~ :~ ~ ~~i~e ~~~y CJK 97503~.~ ors >:,, ; r~ ,,_;~ (541) 826~J S ao (vorce) C54 i ~ a26--4.66 (~~x) .tune 23, 20Q5 Project # ~5~7a -Creek Side silage Paul Grout • Add ane fire hydrant to the entrance of this project. • Post No f''arking Any Time Signs as directed by the Fire District (see plat map) • Paint curbs red in the turn around designated area and post No parking signs as required by the Fire District. • The Fire District prior to building construction wiil sign ofF final inspection of curb painting and signage. Mark Moran - DF ~~ 06117/2©D5 14:19 ~~~~~ SFW~~~~~ a.:~~ ~ Tune 17, 2005 541666417171 RVS PAGE F31 .~M~ z ~~ ROGUEpVALL6Y SEWER SERVICES T.acation: 1:36 west 'I~1. l~eri Gerschlez- Czty ofCentral Point Plaunixkg 155 South Second Street Central Point, Cregou X7502 Re: CX'eekside V'lilage Sa Tear men., 't'he subject p3ropexty is within the managed by RVS. Sewer service to the pmpased. dev private street. zt appears from the Butte Lane on an ease~.ant betwe~ easement is at least 15 feet wide. existing xnaizr line on Beata Lane case, flee sewer main must be desi RVS requests that appzo'val of the 1. Applicant x~,ust design and RVS standards. 2. Concurrence by RVS that have been met. Feel free to call xne if you lave Sixacerely, _ / ~--~_ arl Tappert, P.E. ~15t~1Gt Eng~necr K:1A.A,T,A.1AGEx VEC,T~AGL~.AOC gad, Cea(~~ Foist - Zvlailing.A.ddrass: P.O, Bax 3k3fl, Ccz~tcaf Point,Qk~ 97502-OOt75 664-634Cf yr (54~) 774-444 FAX (~41) 664-7I71 w~v~v.RV55.us i«A~ fid46384 File #1050G4 service area and the Stot~mwater Quality boundaxy ~pment will require a main, l%ne extension along the proposed ltative plat that the sewer maze will be extended lxaxn Snowy two adjacent lots. This will be acceptable provided the this is not possible, the sewer main may be extended from. au Proximately 2S0 feet East of the subject pxoperty. Sri either ed and constructed in aceoxdaace wz~ RVS standards. development be condirioned upon the followix~.g: the sewer mazzx 1ib,e extension. in accordance with quality requirements of the Phase 2 NPDI~S pczmit regarding this pzoject. 0-CREEK.SIDE q~