HomeMy WebLinkAboutResolution 629 - Countryside Terrace (Csaftis)
PLANNING COMMISSION RESOLUTION NO. 629
A RESOLUTION CONDITIONALLY GRANTING FINAL DEVELOPMENT PLAN
APPROVAL FORA "PLANNED UNIT DEVELOPMENT" AND SUBDIVISION KNOWN
AS COUNTRYSIDE TERRACE
(Applicant(s): Ryan J. Csaftis
(Map 37 2W 11 BD, Tax Lot(s) 1 i 400 & i i ®0)
Recitals
Applicant(s) haslhave submitted an application for final plat approval for a
Punned Unit Development and Subdivision, consisting of a 1.01 acre{s), parcel
located in or near the intersection of Freeman Road and Hopkins Road, in the
City of Central Point, Oregon.
2. On, November 2, 2004, the Central Point Planning Commission considered a
Final Development Plan application, at which time the commission reviewed the
City staff reports and recommendations for approval on the application.
Now, therefore:
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF
CENTRAL POINT, OREGON, AS FOLLOWS:
Section 7. Approval Criteria. The requirements for approval of final
development plan applications are set forth in CPMC Title i6 & 17, relatingct
informational requirements, zoning, lot dimension, access, and similar requirements.
Section 2. Findin sand Conclusions. The Planning Commission finds and
determines as follows:
A. Final Development,,Plan Approval. The application and final plat arein the
correct form and contain all of the information required by CPMC 16.12.
and CPMC 17.68.
B. Applicable Law. This Planned Unit Development and subdivision in an Ei
2, Residential Two-Family zoning district created 35 lots for Phase I, and
meet the following genera! requirements for:
CPMC 16.10.010 et seq. -Tentative Plans
CPMC 16.12 et seq. -Final Plat Approval
CPMC 17.6$A10 et seq. _ Planned Unit Deveiopment
C. Fineli~ ~^~> c~f_Fact. The find Dev<~lc~pment Plan is in s~~t,~star~tial compliance
with tl~+ ~ earlier approved prelin~int3ry plan and the c~~nciitic~r~s imposed by
the City. The final development Flan shall continue to control the PUD
after it is finished in accordance with CPMC 1,C8.t7~"0.
Passed by the Planning Commission and signed by me in authentication of its
passage this 2nd day of November, 2UCl4.
,.
~ .~ µ_ xw T..~ r
Planni~-~ Commission Chair
ATTEST:
~1
_~
City l=~~l-,,;r`~~:~,~,r~tative
Approved by me this 2nd day of November, 2404.
~ ~..~ ,~,,.,,~ ~~ ,W.
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Planning Commission Chair
Pl~~i,ing Cc~~nn~i~sion Resolution No. X29 (l 1102/2004)
PLANNING DEPARTMENT S'i'AFF REPORT
HEARING DATE: November 2, 2004
TO: Central Paint Planning Commission
FROM: David Alvord, Community Planner
SUB3ECT: Final Development Plan -Ryan Csaftis {Countryside Terrace) P.U.D.
Applicantl
Owner: Ryan Csaftis
406 Riverside Avenue
Medford, OR 97501
Agent: Neathamer Surveying
100 East Main Street, Suite N
Medford, OR 97501
Pro e
Description/ 372W 11BD Tax Lots ] 1400 and 11600 - 1.32 acres fatal.
Zoning: R3, Residential Multiple 1?amily
Summary
The applicant, Ryan Csaftis, requests the Commission review and approve the Final Development
Plan for Countryside Terrace Planned Unit Development. The site was preliminarily approved in
April of 2004 by the Planning Commission (Attachment A).
Authority
CPMC 1.24.020 vests the Planning Commissionwith the ability to hold a public hearing and render
a decision on any application for a final development plan for Planned Unit Developments. Noticing
is not required for this application and the Commission may decide the matter without a public
hearing.
Applicable Law.
CPMC 17.68.010 et seq. -Planned Unit Development
CPMC 17.28.010 et seq. - R-3, Residential Multiple Family
~~
Discussion•
CPMC Chapter 16.68 describes the requirement and application process for Planned Unit
Developments. Initially, the applicant submits a preliminary development plan with maps des/ribing
lot configuration, property boundaries unique project characteristics and a schedule for planned
completion. If the plan is approved by the Planning Commission, the applicant is allowed a period
of six months to provide the City with a copy of the Final Development Plan demonstrating that all
of the conditions and requirements of the Preliminary Development plan have been satisfied. The
Planning Commission will compare thePreliminary and Final Plans and decide whether to approve
or deny the plan that is submitted. The City Council will review the Commission's decision at a
subsequent meeting.
The preliminary development plan for Countryside Tezx-ace P.U.D, was approved by the Commission
on April 6, 2004 subject to certain conditions of approval described in the staffreport, the conditions
of approval, and the minutes (Attachment B).
It is staff determination that all of the conditions of approval have been met. The applicant has built
all of the improvements, widened the road to a minor residential lane, submitted copies of the
Conditions, Covenants, and Restrictions (CC&R's} and submitted a landscaping plan(Attachment
C}. If the Commission finds that these are consistent with the original approval then they can
approve the plan.
The Public Works Department has submitted a memo stating the entire public infrastructure
improvements have been satisfactorily completed (Attachment D).
Recommendation:
Staff recommends that the Planning Commission take one of the following actions:
1. Approve the final development plan, Resolution No.612 based on the Endings of fact and
conclusions of law contained in the record and subject to the recommended conditions of approval as
set forth in Resolution 612 and this staff report.
2. Deny the final development plan based on the findings of fact articulated by City Staff; or.
3. Continue the review of the final development plan at the discretion of the Commission.
Attachments:
A. Resolution 612, approving the preliminary development plans for Countryside Terrace
P.U.D.
B. Original Planning Department conditions of approval.
C. Final Plat Map, Conditions, Covenants and Restrictions and Landscape Plan
D. Public Works Memo
~~
~}T ~~9~Kwz~i~ r '~~{ t~
PLANNING COMMISSION RESOLUTION NO. 612
A RESOLUTION APPROVING A PRELIMINARY DEVELOPMENT PLAN AND
SUBDIVISION KNOWN AS CSAFTIS PAD LOT A PLANNED UNIT DEVELOPMENT
(Applicant (s}: Ryan Csaftis
(37 2W I l BD, Tai Lots} 11400 & 11 b00)
Recitals
1. Applicant(s) haslhave submitted applications for preliminary development and tentative plan
approval far a pad lot subdivision on a 1.01 acre site located at the intersection of Freeman and
Hopkins Roads in the City of Central Point, Oregon.
2. On, April b, 2044, the Central Paint Planning Coanmissionconducted aduly-noticed public
hearing on the application, at which time it reviewed the City staff reports and heard testimony and
comments on the application.
Now, therefore;
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF CENTRAL
POINT, OREGON, AS FOLLOWS:
Section 1. Approval Criteria. The requirements for approval ofplanned unit development and
tentative plans are set forth in the following chapters of the Central Point Municipal Code, relating to
information requirements, zoning, lot dimension, access, and similar requirements.
Section 2.Criteria Applicable to Decision. The Planning Commission finds and determines as
follows:
A. Chapter 17.28, Residential Multiple Family ;
B. Chapter 1"1.b0, General Regulations;
C. Chapter 1'1.64, Off-Street Parking and Loading; and
D. Chapter 17.68, Planned Unit Developments (PUD).
Section 3. Findin and Conclusions.
~~
The Planning Commission hereby adopts by reference all hnciings of fact set forth in the City Staff
reports, and concludes that, except where addressed in the conditions to approval, the application and
proposal comply with the requirements of the following chapters of the Central Point Municipal Code:
A. Chapter 17.2$, relating to allowed used in the R-3, Residential Multiple Family zoning
district:
B. Chapter 17.60, zelating to paving and landscaping requirements;
C. Chapter 17.64, relating off street parking and loading facilities; and
D. Chapter 17.6$, relating to Planned Unit Developments.
Section 4. Conditional A raval. The within application for a Preliminary Development Plan for
a Planned Unit Development and subdivision is hereby approved, subject to the conditions set forth on
Exhibits "A", "B" and "C", attached hereto by reference incorporated herein, imposed under authority of
CPMC Chapter 16.36.
Passed by the Planning Commission and signed by me in authentication of its passage this
6th_ day of
April , 2044.
Planning Commission Chair
ATTEST:
City Rep ntative
Approved by me this 6th day of April 2004.
Planning Commission Chair
Planning Commission Resolution No.
612`(04062004}
jQ-~7-fjl~CfftM~~ ``~~~
AT'TACIIMENT~
PLANNING DEPARTMENT CONDITIONS OF APPROVAL
CSAFTIS TENTATIVE PUD PLAN. FILE Q~~OS
CI~CK NUML'ER DESCRIPTION OF CONDTI'ION
BOX
1 of 18 Priar to final plat approval, the applicant shall submit to the City a capy of
the proposed covenants, conditions and restrictions (CC&Rs} for the
CSAFTIS PUD.
2 of 18 The applicant shall comply with all requirements of affected public
agencies and utilities as they pertain to the development of the CSAFTIS
PUD. Evidence of such compliance shall be submitted to the City prior to
final plat approval.
3 of 18 The applicant shall eotnply with al! federal, state and local regulations,
standards and requirements applicable to the development and
construction of the CSAFTIS PUD. -
4 of 18 FRONT SETBACK IS MINIMUM 10 FEET AS MEASURED FROM
FOUNDATION TO PROPERTY LINE, EXCEPT LOTS 1, 2,3 and
4 WHERE THE BUILDING ENVELOPE CAN BE SHIFTED AS
CLOSE AS S FEET TO PRESERVE EXISTING TREES. LOTS 8,
9 and 10 CAN BE SHIFTED AS CLOSE AS 5 FEET TOWARDS
FREEMAN ROAD.
S o£ 18 FORTY(40}GARAGES OR CARPORTS PARKING SPACES MUST BE
PROVIDED.
6 of l 8 SIDE YARD SETBACKS ARE 5 FEET PER STORY AS MEASURED
FROM FOUNDATION
7 of 18 REAR YARD SETBACK IS MINIMUM 10 FEET AS MEASURED
FROM FOUNDATION
8 of 1$ MAXIMUM HEIGHT PERMITTED IS 35 FEET
4 of 18 The application shall provide a MINIMUM LANDSCAPE AREA
WHICH IS 20 PERCENT OF AREA. A LANDSCAPE HEDGE SHALL
BE PLANTED ALONG THE REAR PROPERTY LINES OF LOTS 5
and 6. (Check with Planning to see if landscape plan has been approved}
10 of 18 ARCHITECTURE SHOULD INCLUDE COVERED PORCHES AND
OTHER TOD ELEMENTS WHEN PRACTICAL.
1 i of i 8 Jackson County Fire District 3 Conditions have been met.
12 of 18 Rogue Valley Sewer Services Conditions have been met.
13 of 18 Publie Works Department Conditions have been met.
11CPCHSIICITY WIDEIPLANNINGICONDITIONSOFAPPROVACSAFTIS.DOC
ILEVISED
1~
ld of 1$ The applicant shall submit an interior sidewalk plan.
15 of 18 The proposed structures on lots $, 3 and 14 shall be rotated to face
Freeman Road. This condition. is intended to create a TOD style
development that is pedestrian friendly.
16 of 18 A six foot high fence sl~all be installed along the north and east
boundary of this development.
17 of 18 A "tot-lot" play area shall be installed within the development in an
area that is of reasonable distance from the Meadows PLJD whore
there are a large number of senior citizens residing.
18 of 18 The applicant shall take into consideration the placement of second
story windows in relation to adjacent properties. The windows
should not be positioned in a manner that would allow future
residents to peer directly into the back yards of existing single story
residents.
11CPCI~SIICITY WIDEIPLANNtNG1CONDiTIONSOP'APPROVACSAP'f'IS.DOC
1
CITY Or CENTRAL POINT
BUILDING DEPARTMENT
STAN to REPORT
APPLICANT:
Name: RYAN CSAFTIS
Address: 931 GOLF VIEW DRIVE
CitylStatelZip: MEDFORD, OREGON 97504
AGENT:
Name:
Address:
CitylStatelZip:
OWNER OF RECORD:
Name:
Address:
CitylStatelZip:
PROJECT DESCRIPTION:
PAD LOT SUBDIVISION (CORNER OF FREEMAN AND HOPKINS)
$ BUILDINGS (4 DUPLEXI4 FOUR-PLEX)
BUILDING DEPARTMENT COMMENTS:
1. Private storm drain system must be reviewed by plumbing dept.
2. Street fighting (if any) must be reviewed by electrical dept.
3. Geo-tech report must be provided to verify compliance with IRC
R401.2/R401.4 (must be lot specific)
4. Duplex units must comply with international residential code. Four-plex
units must comply with Uniform Building Code.
5. Provide four sets of complete plans (inc. civil).
6. Indicate compliance with flood plain requirements (see C.P. Municipal
code 8.24) & F.E.M.A. Specs.
7. When plans are submitted, plan check time can be estimated.
CENTRAL POINT BUILDING DEPARTMENT
Date: 5~a~
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OREGON
JULY 09, 2041
GAEL E. NEATHAMER
56545
Renarva/ Date /2/3//G~
PCiEPAREA BY: Na.them.r Sunerin~, Ino.
stza sr.a se, sultr sao
P.P. Bor reed
Xod/ord, OrcCOn P76P1
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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 1{ OR
COUNTRYSIDE TERRACE, A PLANNED COMMUNITY TO 'I`IIIJ CITY OF
CENTRAL POINT.
THIS DECLARATION is made and executed in Jackson County, Oregon, this ,
day of , 2004 by ,hereafter referred to as "Declarant".
The City of Central Point has issued approval for Countryside Terrace Planned [Init
Development located in the City of Central Paint, Jackson County, Oregon. The real
property is described on Exhibit "A" attached hereto.
NOW, THEREFORE, Declarant declares that the real property described in Exhibit "A"
is and shall beheld anal conveyed subject to easements, conditions and covenants
hereafter set forth, all of which are for the purpose of enhancing and protecting the value,
desirability and attractiveness of said property. These easements, covenants and
restrictions shall constitute covenants to run with the land and shall be binding upon all
persons or entities claiming under there and also these conditions, covenants and
restrictions shall inure to the benefit anal be limitations upon all future owners of said
property or any interest therein.
Article I
DEp'ZNITIONS
Section 1. "Association" shall mean end refer to an association consisting of all
owners in the Planned Community, their successors and assigns.
Section 2. "Common Area" shall mean all real property and appurtenances
thereto, now or hereafter awned by the Association for the common use and
enjoyment of the members of the Association.
Section 3. "Lot" shall mean and refer to any separately designated plot of land
shown upon the recorded subdivision map of the property with the exception of
the common area.
Section 4. "Member" shall mean and refer to every person or entity holding
membership in the association.
Section 5. "Mortgage" shall mean a Deed of Trust or a Contract of Sale as well as
a Mortgage.
Section 6. "Mortgage" shall also mean a beneficiary under a Trust Deed or a
vendor (seller) under a contract of sale.
Section 7. "Owner" shall mean anti refer to the record owner, whether one or
more persons or entities, of alI or any part of said property but in the case of a sale
under a contract, owner shall zrzean contract purchaser.
Section 8. "Declarant" shall mean and refer to the undersigned, and their
successor, heirs and assigns.
Articlc II
MEMBERSHIP
Every person ar entity who is a record owner of a fee ar undivided fee interest in any lot
which is sub}ect by covenants of zecord to assessment by the Association, or in the case
of sale under the contract, the contract purchaser, shall be a member of tlae Association.
The foregoing is not intended to include persons or entities who hold an interest merely
as security for the obligation. No owner shall have mare than one mezxzbership per lot
owned. Membership shall be appurtenant to and may not be separated from ownership
from any Lot, which is subject to assessment by the Association. Owtrership of such I,ot
shall be the sole qualification for the membership and shall automatically corczmence
upon a person becoming such owner and shall automatically terminate when such
ownership shall terminate or be transferred.
Article III
VOT~TG RIGHTS
Each lot shall be entitled to one (1}vote. Where one lot has one or more owners they
shall decide how their one vote shall be exercised. Undez no circumstances shall there be
mare than {1}vote for each individual lot. The Declarant shall be entitled to vote as the
owner of any lots retained by the Declarant, and the Board of Directors shall be entitled
to vote on behalf of any lot which has been acquired by or on behalf of the Association;
provided however, the Board of Directors shall not be entitled to vote in any election. of
the Board of Directors.
When any lot is owned by two or more persons, according to the records of the
Association, the vote for the lot may be exercised lay any one of the owners present, in
the absence of a protest by the co-ownex(s}. In the event of a protest no one co-owner
shall be entitled to vote without the approval of all co-owners. In the event of
disagreement axnong the co-owners, the vote for the lot shall be disregarded completely
in determining the proportion of votes given with respect to the matter voted. on.
1 ~ ~~
ARTICLE YV
PROI'ERd'Y R1Gl-lTS
Section 1. Members' Property Rights: Every member of the Association shall have a right
and easement of enjoyment in and to the area designated as Common Area. The easement
shall be appurtenant to and shall pass with title to every lot.
Section 2. Members' Easements of Enjoyment: Every member of the Association shall
have a right of easement of enjoyment in and to the Common Area and such easement
shall be appurtenant to and shall pass with title to every lot: subject, however to the
following provisions:
The right of the Association to limit the number of guests of members permitted to use
the common area; The right of the Association to charge reasonable admission fees for
the use of any recreational facility or other improvement. The right of the Association in
accordance with it's Bylaws to borrow money for the purpose of improving any Camrnan
Area and to encumber the Common Area for the purpose of financing the improvements.
The right of the Association to suspend any members voting rights andlor right to use the
Common Area, for any period during which any assessment against said member's
property remains unpaid; for the period not to exceed (90} days for each infraction of it's
published rules and regulations; The right of the Association to dedicate or transfer all or
part of the Common Area to any public agency, authority or utility for such purposes and
subject such conditions as may be agreed upon by the members. No such dedication or
transfer shall be effective unless an instrument signed by members entitled to cast three-
fourths of the votes has been recorded in the appropriate records of Jackson County,
4regan agreeing to such dedication or transfer, and unless written notice of the proposed
action is sent to every member not less than thirty (30) days nor more than ninety (90}
days prior to such dedication or transfer; The right of Directors of the Association to
promulgate reasonable rules and regulations governing such rights of use, from time to
time, in the interest of securing maximum safe usage of common area by the members of
the Association without unduly infringing upon the privacy and enjoyment of the owner
or occupant of any part of said property, including, without being limited thereto, rules
restricting persons under or over designated ages from using certain portions of the
property during certain times.
Section 3. Delegation of use: Arty member may delegate, in accordance with the rules
arzd regulations adopted from time to time by the directors, his or her right of enjoyment
to the Common Areas and facilities to the member of his or her family, tenants, or
contract purchasers, providing they reside on the property.
Section 4. Title to the Common Areas: The Declarant hereby covenants for themselves,
their heirs and assigns, that they will convey to the Association fee simple title to the
Common Area designated as such an the plat as recorded in the Jackson County Official
Records, upon sale of the lots.
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ART~cLr v
COVENANT IaOR MAIN'T'ENANCE ASSTSSMEN`I'S
Section 1. Creation of the lien and Personal Obligation of Assessments: The Declarant
hereby covenants for all of said property, and each owner of any Lot by acceptance of a
deed or contract for purchase therefore, whether or rzot it shall be expressed in any such
deed or other conveyance or agreement for conveyance, is deemed to covenant and agree
to pay to the Association:
Regular annual or other periodic assessments or clrarges; and, Special assessments for
capital improvements, such assessments to be fixed, established, and collected from time
to time as hereinafter provided. The regular and special assessments, together with such
interest thereon and costs of collection thereof, as hereafter provided, shall be a charge on
the land and shad be continuing lien an the property against which each such assessment
is made. Each such assessment, together with interest, costs and reasonable attorneys'
fees, shall also be the personal obligation of the person who was the owner of such
property at the time such assessment became due. The obligation shall remain a lien on
the property until paid or foreclosed.
Section 2. Purpose of Assessments: The assessments levied by the Association shall be
used exclusively for the purpose of promoting the recreation, health, safety and welfare
of the residents of said property and in particular for the improvement and maintenance
of said property, services, and facilities devoted to this purpose and related to the use and
enjoyment of the Common area and of the Lots situated upon said property. Assessments
may not be waived due to limited or non-use of the common area.
Section 3. Basis and maximum of annual assessments: Until January 1St of the year
immediately following the conveyances of the first lot to an owner, the monthly
assessment may be increased effective January 1St of each year by the Directors of the
Association as necessary to accomplish the duties of the Board of Directors and
objectives of the Homeowners Association. The Declarant shall not be assessed for any
unimproved lots held for resale. The assessments shall begin immediately following the
conveyance of the lot{s) to an owner.
Section 4. Special assessment for Capital improvements: In addition to the annual
assessments authorized above, the Association may levy in any assessment applicable to
that year only, for the purpose of defraying, in whole or in part, the cost of construction
or reconstruction, unexpected repair or replacement of the described capital improvement
upon the Common Area, including the necessary fixtures and personal property related
thereto, provided that any such special assessment for structural alterations, capital
additions or capital improvements shall require the approval of athree-fourths majority of
the members who are voting in person or by proxy at a meeting duly called for this
purpose, written thirty {3 Q) days not more than sixty (60) days in advance of the meeting
set forth for the purpose of the meeting. This section shall not prohibit the Directors front
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authorizing capital expenditures for replacements or repairs or iznprovenaents frazn funds
generated by regular assessments.
Section S. Uniform Rate of Assessment: Both regular periodic assessments and any
special assessments must be fixed at a uniform rate for all Lots and may be collected on
an annual, quarterly or monthly basis at the discretion ofthe Board of Directors.
Section 6. Quorum for any action Authorized under Section 4: At the fast meeting called,
as provided in section ~ hereof, the presence at the meeting of members or of proxies
entitled to cast f ftY-one {5 I %} of all the votes shall constitute to a quorum. Zf the
required quorum is not forthcoming at any meeting, set forth in section d, and the
required quorum at such. meeting shall be twenty-five percent (25%) of all the votes.
Section 7. Date of Commencement of Annual Assessments, Due Dates: The assessments
provided for herein shall commence as to all lots (other than unimproved Tots held for
resale by the Declarant) on the first day of the month following the conveyance of the
Common areas to the Association. The Board of Directors shall fix the amount of the
regular assessment at least thirty (34) days in advance of each annual assessment period.
Written notice of the assessment shall be seat to every owner subject thereto. The due
dates shall be established lay the Board of Directors. The Association shall upon demand
at any reasonable time furnished a certificate in writing signed by an officer of the
Association setting forth whether the assessments on a specified lot has been paid. A
reasonalle charge may be made by the members for the issuance of these certificates.
Such certif cote shall be conclusive evidence of payment of assessment thereinto have
been paid. Not withstanding any other provisions contained herein the Declarant shall not
be assessed for any unimproved lots held for resale.
Section 8. Effective of nonpayment of Assessments, Remedies of the Association: Any
assessments which are not paid when due shall be delinquent. if the assessment is not
paid within ten {I O) days after the due date, the assessment shall bear interest from the
date of delinquency at the rate of twelve percent { I2%) per annum, and there shall be a
Five Dollar ($5.04} late charge for each month that said assessments aze not paid to cover
the administration expenses of keeping the books and billings for same.
The Association shall have a lien against the property as provided in ORS 91.749. The
Secretary of said Association shall file in the office of the Director of Records, County
Clerk, or appropriate recorder of conveyances of Jackson County, State of Oregon, within
one hundred twenty {i20) days after delinquency, a statement of the amount of any such
charges ar assessments, together with interest as a foresail, which have become
delinquent with respect to any Lot of said property, and upon payment in full thereof,
shall execute and file a proper release of the lien securing the same. The aggregate
amount of such assessment together with interest costs and expenses and a reasonable
attorneys' fee for the f ling and enforcement thereof, shall constitute a lien on the whole
lot with respect to which it is fixed and on any improvements thereon, from the date of
delinquency thereof is f led in the office of said Director of Records or County Clerk or
other appropriate recording office until the same has been paid or released as herein
~~
provided. Such lien may be enforced by said Association in the n7anz~zer provided by law
with respect to liens upon real property (OKS 94.709}. The owner of said property at tl~e
time said assessment becomes due shall be pez-sonally liable for expcnses, costs and
disbursements including the reasonable attorneys' fee of Association or of Declarant, as
the case may be of processing and if necessary, enforcing such liens, all of wl3ich
expenses, costs and disbursements and attorneys' fees shall be secured by said lien,
including fees appeal, and such owner at the time such assessment is incurred, shall also
be liable for any deficiency remaining unpaid after the foreclosure sale. Na owner may
waive or otherwise escape liability for the assessments provided far herein by the non-use
of the Common Areas or abandonment of his lot or iznproveznents thereon.
Section 9. Subordination of the lien to Mortgages: The lien of the assessment provided
for herein shall be inferior, junior and subordinate to the lien of any first (lst} mortgages
and trust deeds now or hereafter placed upon said property or any part thereon in
connection with the sale of said property shall not affect the assessment lien. No sale or
transfer shall receive such Lot and any improvements thereon froze liability for any
assessments or froze the lien thereof.
Section 10. Exempt Property: The following property subject to this Declaration shall be
exempt from the assessments created herein: All properties expressly dedicated to and
accepted by a local public authority. The Common Areas; and, All other properties
owned by the association.
Section 11. Foreclosure of Liens for Unpaid Common Expenses: The Association shall
be entitled to foreclose a lien as provided in ORS 94.709 as it currently exists or is
amended form time to time. In any legal action brought by the Association to foreclose a
lien on a lot because of unpaid common expenses, the owner shall be required to pay
reasonable rental for the use of the lot and improvements thereon during the pendency of
the legal action. The Association shall have the power to purchase the lost at the
foreclosure sale and to acquire, hold, lease mortgage, vote the votes appurtenant to
convey, or otherwise deal with the property. A suit of action to recover a money
judgment for unpaid common expenses shall be maintainable without foreclosing the
liens securing same.
Section 12. Reserve Trust Funds: The Association shall have the authority to elect by
resolution to establish one or zrzore trust funds to hold reserves for the maintenance, repair
ar replacement of specif c items, in which case it shall either,designate part of the regular
assessment or establish separate assessments for such purposes. The proceeds there from
shall be held in such trust funds and used only for the designated maintenance, repairs or
replacements.
AriTrcr~L yr
USE AND RESTR1CTlONS
The following restrictions shall be applicable to the real property and shall be for floe
benefit of and limitations upon all present and future owners of said property, or of any
interest therein:
Section l .Unless written approval is first obtained from the Association, no sign of any
kind shall be displayed for public view on any lot or building on said property except one
professional sign. of not more than five (5} square feet advertising the property for sale or
rent, oz signs used by the developer to advertise the property during the construction and
sales period.
Section 2. No part of said property shat! be used or maintained as a dumping ground for
rubbish, trash, garbage or any other waste. Na garbage, trash or other waste shall be kept
or maintained on any part of said property except in a sanitary container. All containers
or other equipment for the storage or disposal of such material shall be kept in a clean
and sanitary condition and shall be stored so as to not be visible from the street or
Common areas.
Section 3. No noxious or offensive conditions shall be permitted upon any part of said
property, nor shall anything be done thereon which may be or become an annoyance or
nuisance to the neighborhood.
Section 4. No trailer, camper-truck, tent, garage, shack or other out building shall at any
time be used as a residence, storage shed or temporary structure on any part said
property.
Section S. Only passenger automobiles, pickup trucks and station wagons without
advertising symbols or messages painted on any part of said property, or on any public
ways adjacent thereto except within the confines of a private carport or garage. No
maintenance or repair work on vehicles shall be done on any lot, coznz•n:on area or on the
public ways adjacent thereto.
Section 6. No vehicles shall be parked continuously in one location, except in a private or
designated carport, garage, or driveway for a period in excess of twenty four (24) hours.
This applies not only to the lots, the said property of the Association, but also to the
public ways adjacent thereto.
Section 7. Ail owners are members of the Association and entitled to an equal share in
the rights and interest and privileges and obligations as such, including the right to use all
recreational and other Common areas owned by such Association subject to the rules and
regulations and restrictions application thereto.
~~
Section S. Installation of radio, television ar other wireless technology antennas is
prohibited outside any building.
Section 9. The Association shall have jurisdiction over activities permitted in the
Common area. Al( disputes, complaints or matters regarding the existing or future use of
the Common area and property shall be subtrtitted to the Association Directors for
arbitration.
ARTICLE VII
ARCHITECTUI~#L CONTROL
Section 1. No building, fence, wall, hedge, structure, itnprovetxtent, obstruction,
ornament, landscaping or planting, or alteration thereof, shall be placed or permitted to
remain upon or be removed from any part of said property unless a written request for
approval thereof has been approved in writing by the Directors of the Association.
Section 2. Lot owners are expressly prohibited from painting, staining or changing the
exterior of any building, garage, fence or wall without permission of the Association. In
the event of the repair or reconstruction of any improvetxtent by a lot owner, the
improvement shall be repaired or reconstructed in such a manner to restore the
improvement to its original condition. No substantial change shall be made in the process
or repair or reconstruction of any improvement without the consent of the Directors of the
Association.
ARTICLE VIII
GENERAL PROVISIONS
Section 1. Enforcement: The Association, or any owner, or the owner of any recorded
mortgage, deed of trust or like instrument, on any part of said property, shall have the
right to enforce, by any proceeding at law or equity, all restriction, conditions, covenants,
reservations, easements, liens and charges now or hereafter imposed by the provisions of
this Declaration. Failure by the Association or by any owner to enforce any covenant or
restriction herein contained shall in no event be deemed a waiver of the right to do so
thereafter.
Section 2. Severability: Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no way affect any other provisions, which shall remain in
full force and effect.
Section 3. Amendment: The covenants and restrictions of this Declaration shall run with
and bind the land, and shall inure to the benefit of and be enforceable by the Association,
or the owner of any Lot subject to this Declaration, their respective legal representatives,
heirs, successors and assigns, for a term of twenty-five (25) years from the date this
declaration .recorded, after which tithe said covenants shall be automatically extended for
'~
successive periods of tern (10) years each. Any of the covenants and restriction of this
Declaration may be amended by an instruznczrt signed by zrzezrzbez•s entitled to cast not
less than seventy-five (75%) of the votes. All such amendzxzents shall Ue recorded iz~ the
appropriate Deed Records of 7ackson County, Oregon to be effective.
Section 4. No Right of Reversion: Nothing hereiza contained in this Declaratio~~, or in any
form of deed which may be used by Declarant, or its successors and assigns, in selling
said property, or any part thereof, shall be deemed to vest or reserve in Declarant or the
Association any right of reversion ar re-entry for breach of violation of any one or more
of the provisions hereof
Section S. The provisions contained in this Declaration shall bind and inure to the bcnefzt
of and be enforceable by Declarant. The Association and the own or owners of any
portion of said property, and their heirs and assigns, and each of their legal
representatives, and failure by Declarant or by the association or by any of the property
owners or their legal representatives, heirs, successors or assigns, to ezxforce any of such
conditions, restrictions and charges herein contained shall in no event be deemed a
waiver of the right to do so.
Section 6. Any or all rights, powers and reservations of Declarant herein contained may
be assigned to the Association or to any other cozporation or association which is now
organized or which may hereafter be organized and which will assume duties of
Declarant hereunder pertaining to the particular rights, powers and reservations assigned;
and upon such corporations or association evidencing its intezxt in writing to accept such
assignment and assume such duties, it shall to the extent of such assignment, have the
same rights and powers and be subject to the same obligations and duties as are given to
and assumed by the Declarant herein.
IN WITNESS Wl;-iEREOF, the undersigned has executed this Declaration of Covenants,
Conditions and Restrictions for the Countryside Terrace Planned Unit Development,
the day of , 20_.
Declarant's Name
STATE OF OREGON }
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~} ~il LFf f/VI £7'~ f '`~ l~
CITY OF CENTRAL POINT
Public i~otks De artmcxzt
INTEROFFICE MEMORANDUM
TO: PLANNING DEPARTMENT.
FROM: MATT SA1I~TORE
SUBJECT: COUNTRYSIDE TERRACE FINAL PUD APPROZTAL
DATE: 10/13/2004
CC: FILE
Planning Commission:
The applicant has requested Final Planned Unit Development (PUD) approval for the Countryside
Terrace Subdivision. The applicant has an approved set of engineerirxg drawings that reflect the
preliminary PUD plan and the conditions of approval from the Planning and Public Works Staff
Reports. The applicant is currently constructing the public and private improvements that were
associated with Preliminary PUD (04005) approval. As of today, October 13, 2004, the
improvements for this subdivision are not complete. The applicant will need to finish ox bond for
the improvements prior to the issuance of the Final Plat.
Best regards, ~,
~~ ~"
Matt Samitore
C~ ~J