HomeMy WebLinkAboutResolution 854 - Approving tent. plan for 5 lot subdivision at 4618 N. Pacific Hwy.PLANNING. COMMISSION RESOLUTION NO, 854
A RESOLUTION OF THE PLANNING COMNUSSION APPROVING: A TENTATIVE PLAN
FOR A 5 LOT SUBDWISION LOCATED AT 4618 NORTH PACIFIC HIGHWAY.
(37 2W 03BD Tax Lok 600)
Face No: SUB -18002
Applicant- Paul ;Lliller
'VVUEREAS, the applicant has submitted a tentative plan application to createa, 5 lot subdivision
consisting of residential property identified on he Jackson County Assessor's map as 37S 2tia' 0313D, Tax
Lot 600, Central Point, Oregon; and
WIIER.t-.AS, the project site is located in the Low Mix Residential (UVR) zoning district in the Transit
Oriented Development (TOD) District; and
WHEREAS, the application has been found to be consistent with the applicable approval criteria set forth
in Title 16, Subdivisions and Title 17, Zoning, and per conditions noted in the Staff Report dated June 26,
2018, and
WHEREAS, on July 3, 2018, at a duly noticed public hearing, the City of Central Point Planning
Commission considered he Applicant's request for Tentative Plan approval for a five (5) lot subdivision
located at 4618 North Pacific Highway and continued the public hearing to August 7, 2018 to address
issues related to right-of-way and master plan requirements; and
WHEREAS, on August 7, 2018, he Planning Commission considered new evidence addressing right-of-
way vacation needed for Cascade Drive improvements, explanation of master plan requirements and
reopened he public hearing to allow testimony on the application, including new evidence and
arguments.
NOW, THEREFORE, BE IT RESOLVED that the City of Central Point Planning Commission by
Resolution No, 854 hereby approves the Subdivision Tentative Plan for a five (5) lot subdivision on
property identified by the Jackson County Assessor's flap as 37S 2W 03BD Tax Lot 600. This decision
is based on the Staff Report dated August 7, 2018 including Attachments "A" through "G" attached
hereto by reference and incorporated herein.
PASSED by the Planning Commission and signed by me in authentication of its passage this 7h day of
August, 2018
Planning Commission Chair
Kv
T:epr(esentaiive
Planning Commission resolution No. 854 (08/07/2018)
City of Central Point, Oregon
140 S 3rd Street, Central Point, OR 97502
541.664.3321 Fax 541.664.6384
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CENTRAL
PANT
STAFF REPORT
August 7, 2018
AGENDA ITEM: VII -A File No. SUB -18002
Community Development
Tom Humphrey, AICP
Community Development Director
Consideration of a Tentative Plan for the development of a 5 -lot subdivision. The project site is
located in the Low Mix Residential (LMR) zoning district in the Transit Oriented development
(TOD) District and is identified on the Jackson County Assessor's map as 37 2W 03BD, Tax Lot
600. Applicant: Paul Miller, Agent: Neathamer Surveying, Inc.
STAFF SOURCE:
Justin Gindlesperger, Community Planner II
BACKGROUND:
In 2003 the Planning Commission approved Cedar Park, a 5 acre subdivision within the Transit
Oriented Development (TOD) District (Attachment "A"). At that time, a conceptual master plan
envisioned Cedar Park to include additional lands to the south and east totaling Moughly 12.5
acres of land area (Attachment °B"). At this time, the City is considering a tentative subdivision
plan for Paul Miller (Applicant) to develop a portion of the original Master Plan immediately
south of Cedar Park.
Project Description:
The proposed tentative plan is for a five (5) lot subdivision on a 0.76 acre portion of a 2.36 acre
property in the Law Mix Residential (LMR) zone in the TOD (Attachment "C"J. The project
site is located between Cedar Paris Subdivision (north) and Skyrman Arboretum (south), and has
frontage on North Pacific Highway (Highway 99) and Cascade Drive. The Tentative Plan
proposes frontage improvements on both streets, as well as dedication of a sewer easement as
necessary to extend sewer services south to Skyrman Arboretum.
Table 1. Applicable Zoning Rej lations
Based on staff s review of the tentative plan, the proposal is within the minimum/maximum
range for density and meets the lot dimension standards for the LMR zone (Table 1).
Page 1 of 4
Minimum Density
Maximum DensitX
6 units/ acre
12 units/acre
6.7 units/acre
Minimum Lot Area
3,000 square feet
4,657 sEarc feet
Avera a Lot Area
4,500 square feet
5,451 square feet
Minimum Lot Width
50 -feet
52 -feet
Minimum Lot Depth
50 -feet
90 -feet
Based on staff s review of the tentative plan, the proposal is within the minimum/maximum
range for density and meets the lot dimension standards for the LMR zone (Table 1).
Page 1 of 4
ISSUES:
There are three (3) issues relative to the proposal, as follows:
I . Master Plan. Land divisions and development applications involving two (2) or more
acres within the TOD District require approval of a Master Plan prior to, or
concurrent with, the application for land division or development. The subject
property is 2.36 acres in size and exceeds the threshold for the master plan
requirement.
Comment. Although the project site is 2.36 acres gross, 1.6 acres of the site is within
the Special Flood Hazard Area (SFHA) for Griffin Creek and is designated as
Reserve Acreage to address environmental constraints associated with the floodplain.
This land cannot be developed in conformance with the City's Flood Damage
Prevention requirements due to ongoing litigation between the Federal Emergency
Management Agency (FEMA) and environmental groups regarding compliance with
the Endangered Species Act (ESA).
To develop within the SFHA per CPMC 8.24.190, the applicant would need a
development plan that demonstrates adverse impacts to structures in the floodplain
are avoided or mitigated. The standard for review ofthis analysis and proposed flood
mapping is a FEMA Conditional Letter of Map Revision (CLOMR), which assures
compliance with federal mapping standards and the ESA. Until the litigation is
resolved, there are no clear standards to assure ESA compliance, and FEMA is not
making ESA determinations as necessary to issue CLOMRs. In the absence of a clear
pathway to plan future subdivision development within the SFHA per CPMC
8.24.190, staff recommends the Reserve Acreage be considered environmental land
not to be included as part of the development for the purpose of the proposed
subdivision per CPMC 17.65.050, Table 2, Footnote (f). The resulting net acreage for
the development is 0.74 acres, which is below the threshold required for developing a
new master plan. Adjacent properties to the north are also within the SFHA and
subject to the same constraints. At such time future development is proposed within
the Reserve Acreage, staff recommends Condition No. l requiring the master plan be
updated per CPMC 17.66.030(A)(1) and (B), and CPMC 8.24.190.
2. Right -of -Way Dedication. Per the Parks and Public Works Department, frontage
improvements along Cascade Drive must be completed per City standards for a Minor
Residential Street. A narrow strip of land within the existing street is owned by
another party (37S 2W 03BD Tax Lot 400). To complete the Cascade Drive
improvements, a final Iift of asphalt will need to be placed over the entire street
width, including the portion of Tax Lot 400.
Comment. At this time, the Public Works Department is working with the property
owner of Tax Lot 400, to complete the annexation and right-of-way dedication as
necessary to complete the needed improvements to Cascade Drive. The owner of Tax
Lot 400 entered into an agreement with the City to dedicate the land needed to
complete construction of Cascade Drive (Attachment "E"). In exchange, utility
services would be extended and made available to the west property boundary of Tax
Lot 400. The Public Works Department submitted an application for annexation on
Page 2 of 4
10
July 25, 2018, which is targeted For public hearings and decision before the City
Council on August 23, 2018,
Open Space. Projects within the TOD district or corridor must provide parks and open
space that meet the needs of the development at the time of build out. For developments
of single-family detached and attached residences, a minimum of four hundred (400)
square feet of parks and open space area must be provided for each dwelling. Parks and
open space areas must also be designed to include improvements to accommodate a
variety of activities pursuant to Section 17.67.060(D).
Comment. As shown on the tentative plan (Figure 1), the proposed open space area is
1,963 square feet. An additional 1.6 acres is within the floodplain and is designated
as Reserve Acreage for passive environmental purposes until such time a floodplain
development and mitigation plan can be developed and approved in accordance with
local and federal requirements. The proposed subdivision is a 5 -lot single-family
development that requires a minimum of 2,000 square feet of open space. In total, the
1.6 acres plus the 1,963 square feet exceeds the minimum open space area required. -If
a development and mitigation plan is submitted at a future unspecified date, it shall
demonstrate how the open space requirements of this section continue to be met.
The tentative plan (Figure l) does not include designs or improvements for the
proposed open space area. Staff recomm ends Condition No. 2(a) requiring a design
plan for the proposed open space area.
FINDINGS OF FACT & CONCLUSIONS OF LAW: _
The proposed tentative plan has been evaluated against the applicable review criteria for
Tentative Pians per CPMC 16.10 and the LMR zoning district per CPMC 17.65 and found to
comply as evidenced by the Planning Department Findings of Fact (Attachment "C").
CONDITIONS OF APPROVAL:
I . Prior to development within the 1.6 acre Reserve Acreage area, as identified on the
Tentative Subdivision Plan (Attachment "A"), the applicant shall submit an updated
Master Plan for review and approval pursuant to Chapter 17.66.030 and CPMC 8.24.190
of the Central Point Municipal Code.
Prior to Final PIat approval, the applicant shall:
a. submit a parks design plan that depicts the location of minimum open space
design features and improvements, pursuant to CPMC 17.67.060(D).
b. Provide documentation from the Jackson County Surveyor's Office that the name
of the proposed subdivision is unique relative to other approved land divisions in
Jackson County.
c. Demonstrate compliance with all agency conditions of approval including the
following:
Page 3 of 4
11
L Satisfy conditions of approval in the Public Works Staff report dated lune
21, 2018 (Attachment "F").
ii. Comply with conditions of approval provided by the Rogue Valley Sewer
Services in a letter dated May 8, 2018 (Attachment "G").
ATTACHMENTS:
Attachment "A" -
Tentative Plan
Attachment "S" -
Cedar Park Subdivision Concept Plan
Attachment "C"-
Planning Department Findings of Fact
Attachment "'D"-
Applicant Findings
Attachment "E" -
Agreement for Right of Way
Attachment "F" -
Parks & Public Works Staff Report
Attachment "G" -
RVSS Comments
Attachment "H" -
Resolution No. 854
ACTION:
Consideration of the Miller Subdivision Tentative Plan and 1) approve; 2) approve with
modifications; or 3) deny the application.
RECOMMENDATION:
Approve the Miller Subdivision Tentative Plan per the Staff Report dated August 7, 2018,
including all attachments thereto.
Page 4 oF4
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ATTACHMENT " Of
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REVISED PLANNING DEPARTMENT SUPPLEMENTAL FINDINGS OF FACT
AND CONCLUSIONS OF LAW
File No.: SUB -18003
Before the City of Central Point Planning Commission
Consideration of a Tentative Plan for the Miller Subdivision
Applicant:
Paul Miller
888 Munras Ave, Ste 200
Monterey CA 93940
Findings of Fact
and
Conclusion of Law
PART 1
INTRODUCTION
The applicant submitted a tentative plan application (Type III) for the View Crest Subdivision to
subdivide 0.74 acres of 2.36 acres into five (5) lots (`'Application"). The property is located within the
Low Mix Residential (LMR) zoning district in the Transit Oriented Development (TOD) District.
A subdivision tentative plan is reviewed as a Type III application. Type III applications are reviewed in
accordance with procedures provided in Section 17.05.400, which provides the basis for decisions upon
standards and criteria in the development code and the comprehensive plan, when appropriate.
The standards and criteria for the proposal are set forth in CPMC Title 16, Subdivisions, and Chapter
17.65, TOD Districts and Corridors, and Chapter 17.67, Design Standards — TOD District and TOD
Corridor. The following findings address each of the standards and criteria as applies to the subdivision
tentative plan.
PROJECT BACKGROUND
"Che subject property is 2.36 acres; however, the area proposed for development is 0.74 acres in order to
avoid development with the Griffin Creek floodplain boundary. The property was considered as part of
the Cedar Park Subdivision and is necessary to complete the construction of Cascade Drive. A conceptual
master plan was developed in 2002, but was never formally adopted. Although the number of lots is less
than originally proposed, the layout complies with the LMR-TOD zoning standards. The project proposes
6.7 units per acre, which is within the minimum/maximum range for density (i.e. 6 units/acre minimum;
12 units per acre maximum). Minimum lot size provided in the proposed tentative pian is 4.657 square
feet and the average lot size is 5,051 square feet, which is consistent with the minimum and maximum lot
dimensions permitted in the zoning district.
ATTACHMENT " C- is
Page 1 of 37 Findings & Conclusions of Law File No.: SUB -18002
15
Figure 1. Tentative Plan
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Page 2 of 37 Findings & Conclusions of Law File No.: SUB -18002
16
Figure 2. Vicinity Map
Miller Subdivision
4618 N. Pacific Hwy
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Legend
37 2W 03BD, Tax Lot 600
Zone- LMR TOD
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-C•200)- Commercial - Modic Di*Ict -`jHMR -High Mix Ra0defft/Cornmerclel(TOO)-R3-MLAWSFamily ReaiduWal
C-4 - Tourist and OfAce LMR - LowMlxReaidenllel (TOO) - R-2 - Tw -Family Residential
i� Cd - Thoroughfare Commercial ETOD LMR" R-18 -SF Reeklertlel - $NCO
CM - Neighborhood Com merclel M-1 - InduWal R-1-0 . SF ResiderAia I - 6,000
RAW Civic _M-2-IndueirlalOermrel R110-SFReaklartiai 10,000
ETOO Civic, MMR - Medium Mix R"dentiel (TOO) RL - LowDenMly Realderdlal
Page 3 of 37
Findings & Conclusions of Law
17
File No.: SUB -18002
Figure 3. Conceptual Master Plan
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Findings & Conclusions of Law
Page 4 of 37
File No.: SUB -18002
18
PART 2
SUBDIVISIONS
Title 16 of the Central Point Municipal Code (CPMC) establishes standards and criteria for land
division applications including tentative plans and final plats. The sections of CPMC 16 applicable to
the Application are:
Chapter 16.10 - Tentative Plans.
CPNIC 16.10.010 Submission of application — Filing fee.
The applicant shall submit an application and tentative plan together with improvement plans and other
supplementary material as may be required to indicate the development plan and shall submit ten copies
to the city together with a tiling fee defined in the city's adopted planning application fee schedule. The
diagrams submitted shall consist of three copies at the scale specified in Section 16.10.020 and one copy
in an eight -and -one -half-inch by eleven -inch format. (Ord. 1941 §1 1, 2010; Ord. 1786 §4, 1998; Ord.
1684 §6, 1993; Ord. 1650(part), 1990)_
Finding CMW 16.10.010: The applicant submitted the tentative plan application along with the required
$4,700 application fee on May 1, 2018. The submittal was reviewed and accepted on June 13, 2018 as
complete for review in accordance with the submittal requirements in CPMC t6. 10, CPMC_' 17.OJ, crud
CPMC 17.66.
Conclusion CPMC 16.10.010: Complies.
CPMC 16.10.015 Application and review --Fees.
Applications and review thereof shall conform to the provisions of Chapter 17.05 and all applicable city
ordinances and laws of the state. All costs of administrative and legal staff time costs, plants checks,
construction inspection, preparation of agreements, in excess of the filing fee, shall be borne by the
applicant and paid upon billing by city. Failure to pay such costs as billed shall constitute grounds for
denial of final plat approval or building permits. (Ord. 1650(part), [990),
Finding CPMC 16.10.015: See Finding CPMC 16.10.010
Conclusion. 16.10.015: Complies.
CPMC 16.10.020 Scale.
The tentative plan shall he drawn on a sheet eighteen by twenty-four inches in size or a multiple thereof at
a scale of one inch equals one hundred feet or, for areas over one hundred acres, one inch equals two
hundred feet, and shall be clearly and legibly reproduced. (Ord. 1650(part), 1990).
Finding CPMC 16.10.020: The tentative plan is drawn on a sheet that is eighteen inches by twenty -/our
inches and at a scale of'one-inch equals forty feet, which is clearly and legibly produced relative to the
project area.
Page 5 of 37 Findings & Conclusions of Law File No.: SUB -18002
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Conclusion CPMC 16.10.020: Complies,
CPMC 16.10.030 General information.
The following general information shall be shown on or included with the tentative plan.
A, Proposed name of the subdivision. This name must not duplicate or resemble the name of another
subdivision in the county;
Finding CPMC 16.10.030(A): The proposed subdivision is not named. The proposed name must
be unique relative to other approved land divisions in Jackson Count v. As a condition ofopproval,
the applicant is required to submit a subdivision plat name approval from the Jackson County
Surveyor.
Conclusion CPMC 16.10.030(A): Complies as conditioned.
B. Date, north point, and scale of drawing;
Finding CPMC 16.10.030(8); The tentative plan was drawn on May 1, 2018 and includes the
scale and north arrow.
Conclusion CPMC 16.10.030(8): Complies.
C. Location of the subdivision by section, township, and range, and a legal description sufficient to
define the location and boundaries of the proposed tract or the tract designation or other
description according to the records of the county assessor;
Finding CPiVC 16.10.030(C): Figure 1 provides the section, township and range (3 i 2 Tar I IAC,
Tax Lot 100) and Figure 2 provides a site vicinity map. Combined with the legal description
submitted with the application, these items define the location and boundaries of the project site.
Conclusion CPMC 16.10.030(C): Complies.
D. Names and addresses of the owner or owners, applicant and engineer or surveyor;
binding CPMC I& 10.030(D): The applicant is listed on the tentative plan (Figure 1) as Paul
Miller of Paramount Properties and the surveyor is listed as Neathamer Surveying, Inc. out of
Medford, Oregon.
Conclusion CPMC 16,10.030(D): Complies.
E. A title report indicating all interests of record in the property which is the subject of the
application.
Finding CPMC 16.10.030(E): A title report prepared by First American Title Company on April
23, 2018 was provided with the original submittal on May 1, 2018.
Conclusion CPMC 16.10.030(E): Complies.
Page 6 of 37 Findings & Conclusions of Law File No.: SUB -18002
20
CPN[C 16.10.040 Existing conditions.
The following existing conditions shall be shown on the tentative plan
A. The location, widths and names of all existing or platted streets or other public ways within or
adjacent to the tract, easements, railroad rights-of-way and such other important features within or
adjacent to the tract as may be required by the city;
Finding CPAIC 16.10,040(A): The tentative plat (Figure 1) illustrates the location and width of
Cascade Drive, which is north ofand adjacent to the project site, and North Pacific Highway,
which is west of and adjacent to the project site. There is an existing 21 -foot wide access easement
along the north property line v, f the project site, which provides access to Tax Lots 400 and 500
located north and west of the project site. As shown on the Tentative Plan there is a 10 ft Public
Utility Easement (PUF) along the west property line adjacent to North Pacific Highway. There
are no other existing easements or rights-of-way within or adjacent to the tract.
Conclusion CPMC 16.10.040(A): Complies,
B. Contour lines related to some established bench mark or other datum as approved by the city when
the city determines that the nature of the topography or size of the subdivision requires such data.
Contour lines shall have the following minimurn intervals:
1. Two -foot contour intervals for ground slopes less than five percent;
2. Five-foot contour intervals for Wound slopes exceeding five percent;
Finding CPMC 16.10.040(8): Figure l includes topographic information at one -foot contour
intervals. The slope of the property is less than five percent at approximately one percent.
Conclusion CPMC 16.10.040(B): Complies.
C. The location of at least one temporary bench mark within the plat boundaries;
Finding CPMC 1610.040(C): The tentative plat submittal (Figure 1) provides the basis of survey
including the bearings and elevations.
Conclusion CPMC 16.10.040(C): Complies,
D. Location and direction of all watercourses and drainage systems;
Finding CPMC 16.10.040(D): There are no drainage systems on the project site; however, per
the Public Works Staff Report dated June 21, 2018, there is an 18 -inch storm drain line within
Cascade Drive on the north side of the property (Figure 1). The subjectproperty is adjacent to
Griffin Creek, and the floodplain boundary extends onto the property; however, the project site is
located outside of the, floodplain.
Conclusion CPMC 16.10.040(D): Complies.
Page 7 of 37 Findings & Conctusions of Law File No.: SLB -18002
21
E. Natural features, such as rock outcroppings, marshes and wooded areas;
Finding CPMC 16.10.040(E): Perstaffsite visits and aerial imagery, the project site contains of
a home site with some vegetation, but it primarily consists of a flat, open grass field. There are no
rock outcroppings, marshes or woodland areas on the project site.
Conclusion 16.10.040(E): Complies
F. Existing uses of the property, including location of all existing structures which the subdivider
proposes to leave on the property after platting;
Finding CPMC 16.10.040(F): The property is currently developed wish a .single-family residence
and two accessory structures. Per the Applicant's Findings, the structures are planned for
removal as part of the proposed subdivision.
Conclusion CPMC 16.10 040(F): Complies.
G. The location within the subdivision and in the adjoining streets and property of existing sewers
and water mains, culverts and drain pipes, and all other existing or proposed utilities to be used on
the property to be subdivided and invert elevations of sewers at points of probable connections;
Finding CPMC I&I0.040(G): The existing infrastructure locations within the Cascade Drive and
North Pacific Highway right-of-wav are provided as part of Figure l relative to existing
conditions.
Conclusion CPMC 16.10.040(G): Complies.
H. Zoning on and adjacent to the tract.
Finding CPMC 16.10.040(N): Zoning designations on the project site and adjacent properties
are denoted on the Vicinity Nllap (Figure 2)_
Conclusion CPMC 16.10.040(li): Complies.
CPMC 16.10.050 Additional information.
The following additional information shall also be included on the tentative plan:
A. Streets, showing location, width, proposed names, approximate grades and approximate radii of
curves and the relationship of all streets to any projected streets as shown of any development plan
adopted by the city;
Finding CPMC 16.10.050(A): The project proposes to widen Cascade Drive to Standard Local
Street standards. No other streets are proposed as part of the project.
Condition CPMC 16.10.050(A): Complies.
B. Easements, showing the width and purpose;
Page 8 of 37 Findings & Conclusions of Law File No.: SUB -18002
22
Finding CPMC 16.10.050(8): The tentative plat proposes a /0 -ft Public Utility F,asement (PUF,)
along the frontage of all proposed lots consistent with the Public Works Standards. A sewer
easement is proposed along the eastern property line of'Lot 5 to extend server utilities to Skyrman
Park to the south.
Conclusion CPMC 16.10.050(8): Complies.
C, Lots, showing approximate dimensions, area of smallest lot or lots and utility easements and
building setback lines to be proposed, if any;
Finding CPMC 16.10.050(C): Public utility easement -.s and approximate dimensions of each
proposed lot are shown on the tentative plan (Figure 1).
Conclusion CPMC 16.10.050(C): Complies as conditioned.
D. Sites, if any, proposed for purposes other than dwellings;
Finding CPMC 16.111050(0): As shown on the tentative plan (Figure 1), an open space area is
proposed along ,Vorth Pacific Highway
Conclusion CPMC 16.10.050(D): Not applicable.
E. Area in square footage of each lot and the average lot area.
Finding CPMC 16.10.050(E): The lot area for the each of the proposed sixteen lots is provided
on the tentative plat map (FIgure 1).
Conchrsion CPMC 16.10.050(F): Complies.
CPMC 16.10.060 Partial development.
When the property to be subdivided contains only part of the tract owned or controlled by the applicant,
the city may require a development plan of a layout for streets, numbered lots, blocks, phases of
development, and other improvements in the undivided portion, indicating inter -relationship with the
portion sought to be divided. The city shall have authority to require that any adjacent parcel or parcels
owned or controlled by the applicant but not included in the proposed subdivision boundaries be included
in the development whenever inclusion of such parcel or parcels would be an appropriate extension of the
development and in the best interests of the public, considering the development plan and the relationship
between the surrounding area and the area of proposed development.
Finding CPMC 16.10.060: The subject property is approximately 2.36 acres, and the project subdivision,
including individual lots, streets and other improvements is approximately 0. 74 acres in size. The
property was considered as part of the Cedar Park Subdivision and was included in a conceptual master
plan in 2002 (Figure 3). The remaining 1.6 acres of *the site is located within the ,Special Flood Hazard
Area for Griffin Creek and is shown as "Reserve Acreage" on the tentative plan (Figure 1) .A condition
of approval requires the applicant to submit an updated Master Plan at the time of potential future
development of the "Reserve Acreage, "
Page 9 of 37 Findings & Conclusions of Law File No,: SUB -18002
23
Conclusion CPMC 16.10.060: Complies as conditioned
16.10.070 Explanatory information.
Any of the following information may be required by the city and, if it cannot be shown practicably on the
tentative plan, it shall be submitted in separate statements accompanying the tentative plan:
A, A vicinity map showing all existing subdivisions, streets and un -subdivided land ownerships
adjacent to the proposed subdivision and showing how proposed streets may be connected to
existing streets.
Finding CRVC 16.10.070(A): The property was considered as part of the Cedar Park
Subdivision and was included in a conceptual master plan in 2002 (Figura 3). Figure 1 illustrates
the existing lot configuration for the adjacent Cedar Park Subdivision.
Conclusion CPMC aia070(A): Complies.
B. Proposed deed restrictions in outline form;
Finding CPMC 16.10.070(8): Tho proposed subdivision does not include any proposed deed
restrictions.
Conclusion CP,lfC 16. t0.070(B): Not applicable
C. Approximate centerline profiles showing the proposed finished grade of all streets, including the
extensions for a reasonable distance beyond the limits of the proposed subdivision;
Finding CPMC 16.10.700(C): Street profiles are not provided with the tentative plan application.
Condition of Approval No. 2 in the Public Works Staff Report dated lune 21, 2018 rewires that
the applicant comply with all Public Works requirements prior to final plat to ensure the streets
are completed in accordance with current standards.
Conclusion CPMC 16.10.070(C): Complies as conditioned.
U. The approximate location and size of all proposed and existing water and sewer lines and storm
drainage systems.
Finding CPMC 16,10.070(D): Existing and proposed water, sanitary sewer and storm drainage
systems are illustrated in Figure 1.
Conclusion CPiVEC 16.10 070(D): Complies.
CPMC 16.10.080 Tentative plan approval.
A. Approval of the tentative plan shall not constitute final acceptance of the final plat of the proposed
subdivision or partition for recording; however, approval of the tentative plan shall be binding
upon city for the purpose of the approval of the final plat if the final plat is in substantial
Page 10 of 37 Findings & Conclusions of Law File No.: SUB -1$002
24
compliance with the tentative plan and any conditions of approval thereof. A tentative plan
approval shall expire and become void one year from the date on which it was issued unless the
final plat has been approved pursuant to Chapter 16.12 or an application for extension is filed and
approved subject to the requirements of Section 16.10.100 and Chapter 17.05.
Finding CPiVEC 16.10.090(A): Upon receipt oj'a final plat application within the required time
limitation per CPMC 16.12 or CPMC 1610. 100 and 17.05, the City will evaluate the final plat
application to assure that the final plat is substantially compliant with the tentative plan and that
all conditions have been met.
Conclusion CPMC 16.10.090: Complies
B. When it is the intent to develop a tentative plan and record a final plat in phases, the city, at the
time of tentative plat approval, may authorize a time schedule for platting the various phases in
periods exceeding one year, but in no case shall the total time period for platting all phases be
greater than five years without review of the tentative plan for compliance with the current code
and comprehensive plan. Each phase so platted shall conform to the applicable requirements of
this chapter. Phases platted after the passage of one year from approval of the tentative plan will
be required to rnodiiy the tentative plan as necessary to avoid conflicts with changes in the
comprehensive plan or this chapter.
Finding CPMC 16.10.090(B): Per the tentative plan, the f nal plat and development of the
proposed .subdivision will not be completed in phases.
Conclusion CPMC 16.10.090(B): Not applicable.
Chapter 16.20, Streets and Other Ways — Design Standards.
CPMC 16.20.010 Creation of streets.
A. Streets created by subdivisions and partitions shall be designed and constructed in
conformance with the requirements of the city's comprehensive plan, this code, the city's
public works standards, and all conditions established by the city.
Finding CPMC I6.20.010(A): Access to the proposed subdivision will be provided by
Cascade Drive, an existing Standard Local Street. Cascade Drive will be improved to
minimum construction standards per the Public Works Staff Report dated June 21, 2018,
Conclusion CPMC 16.20.010(A): Complies,
B. The construction of streets shall include subgrade, base, asphaltic concrete surfacing, curbs,
gutters, sidewalks, storm drainage, street signs, street lighting, and underground utilities.
Finding CPMC 16.20.010(B): Improvements to Cascade Drive will be designed to comply with
the City's codes including the Public Works Design Specifications for street construction. This is
supported by the Tentative Plan (Figure 1) and the Public Works Staff Report dated June 21,
2018,
Page 11 of 37 Findings & Conclusions of Law File No.: SUB -18002
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Conclusion CPMC 16.20.010(B): Complies
C. All streets, including the entire right-of-way necessary for the installation of the items mentioned
in the preceding paragraph, shall be dedicated to the city.
Finding CPMC 16.20.010(C): The streets, including the entire right-of-way necessary.for
installation, will be dedicated to the City at the time offinal plat_
Conclusion CPMC 16.20.010(C): Complies.
CPMC 16.20.020 Streets — Generally
The location, width, and grade of streets shall be considered in their relation to existing and planned
streets, to topographical conditions as they relate to drainage and the operation of the water, sewer
systems, to public convenience and safety and their appropriate relation to the proposed use of the land to
be sewed by such streets. Where location is not shown in a development plan, the arrangement of streets
in a subdivision shall either:
A. Provide for the continuation or appropriate projection of existing streets in surrounding areas; or,
Finding CPMC 16.20.0200): Access to the proposed subdivision will be provided by
Cascade Drive, an existing local street_ Cascade Drive will be improved to minimum
construction standard and will provide for the continuation to the Reserve Acreage and the
undeveloped property to the north and east of the project site, ca shown on the tentative plan
(Figure 1).
Conclusion CPMC 16.20.020(A): Complies
B. Conform to the plan for the neighborhood approved or adopted by the city to meet a particular
situation where topographical or other conditions make continuance or conformance to
existing streets impractical.
Finding CPMC 16.20.020(B): The property was considered as part of the Cedar Park
Subdivision and was included in a conceptual master plant in 2002 (Figure 3).Although the
conceptual plan was not adopted, the project site is needed to complete the required
improvements to Cascade Drive
Conclusion CPMC 16.20.020(B): Complies,
CPMC 16.20.030 Streets --Reserve strips.
Reserve strips ("street plugs") controlling the access to public ways may be required, in the discretion of
city.
Finding CPMC 16.20.030: Reserve strips are not proposed or determined necessary for any part of the
proposed subdivision,
Conclusion CPMC 16.20.030, Not Applicable.
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CPIVIC 16 20.050 Streets --Extension.
Where a subdivision adjoins acreage, streets which in the option of the city should be continued in the
event oFthe subdivision of the acreage will be required to be provided through to the boundary lines or
the tract. Reserve strips and street plugs may be required to preserve the objectives of street extensions.
Finding CPMC 16.20.050: See Finding CPMC 16.20.050.
Conclusion CPMC 16.20.050: Complies,
CPMC 16.20,060 Existing streets.
Whenever existing streets within a tract are detennined by the city to be of inadequate width, additional
right-of-way shall be provided as required.
Finding CPAIC 16.2x060: Access to the proposed subdivision will be provided by Cascade Drive.
Cascade Drive was constructed as part of the Cedar Park Subdivision to a half -street width and will be
improved to minimum construction standards per the Public Works Staff Report dated .lune 21, 2018, As
shown on the tentative plan. (Figure 1), additional right-of-way will be provided as part of the proposed
subdivision for improvements to Cascade Drive.
Conclusion CPMC 16.20.060: Complies.
CPMC 16.20.070 Half streets.
Half streets while generally not acceptable may be approved where essential to the reasonable
development of the subdivision when in conformity with the other requirements of these regulations and
when the city findsit will be practical to require the dedication of the other half when the adjoining
property is developed- Whenever a half street is adjacent to a tract to be subdivided, the other half of the
street shall be platted within such tract. Reserve strips and street plugs may be required to preserve the
objectives of half streets.
Finding CPMC 16.20.070., As shown on the Tentative Plan (Figure 1), half'street improvements are not
proposed as part of the View Crest Subdivision tentative plan application.
Conclusion CPMC 16.20.0 70. Not applicable.
CPMC 16.20.080 Cul-de-sac.
A cul-de-sac shall be as short as possible and shall in no event be more than four hundred feet long nor
serve more than twelve single-family dwellings or seventy-five dwelling units. All cul-de-sacs shall
terminate with a circular turn -around.
Finding CPMC 16.20.080: Cascade Drive is less than 400 feet in length and provides adequate turn-
around area for emergency vehicles.
Conclusion CPMC 16.20.080: Complies.
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CPMC 16.20.090 Streets --Names.
No street name shall be used which will duplicate or be confused with the names of existing streets except
for extensions of existing streets. Street names and numbers shall conform to the established pattern in the
city and the surrounding area and shall be subject to the approval of the city.
Finding CPMC 16.20.090: Access to the proposed subdivision will be provided by Cascade Drive. No
new streets are proposed as part oj'the project.
Conclusion CPMC 16.20.090: Not applicable.
CPMC 16.20.100 Streets --Adjacent to railroad right-of-way.
Wherever the proposed subdivision contains or is adjacent to a railroad right-of-way, provisions shall be
made for a street approximately parallel to and on each side of such right-of-way at a distance to be
determined by city. Such distance shall be determined with due consideration at cross streets of the
minimum distance required for approach grades to a future grade separation.
Finding CP7✓1C' 16.20.100: There are no railroad rights-of-way within oradjacent to theproject site:
therefore, the provision oJ'this section do not apply.
Conclusion CPMC 16.20.100: Not applicable.
CPMC 16.20.110 Planting easements.
Where physical conditions require approval of streets less than fifty feet in right-of-way width, additional
easements for planting of street trees or shrubs may be required.
Finding CPMC 16.20. 110. Per the Public Works Staff Report dated June 21, 2018, the Public Works
Department is not requiring any easements forplanting ofstreet trees or shrubs.
Conclusion CPMC 16.20.110: Not applicable.
CPMC 16.20.120 Alleys.
A. Location. Alleys may be provided in commercial and industrial districts, unless other permanent
provisions for access to off-street parking and loading facilities are made as approved by the city.
Finding CPMC 16.20.120(A): The tentative plat (Figure 1) does not include allev development.
Conclusion CPMC 16.20.1200): Not applicable.
B. intersections. Alley intersections and sharp changes in alignment shall be avoided. The comers of
necessary alley intersections shall have a radius of not less than twenty feet.
Finding CPMC 16.20.120(B): The tentative plat does not include alley development.
Conclusion CPMC 16.20.120(B): Not applicable.
Page 14 of 37 Findings & Conclusions of Law File No.: SUB -18002
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CPMC 16.20.130 Sidewalks.
Sidewalks shall be constructed in accordance with such standards as are adopted by the city. Sidewalk
construction shall be completed on each individual lot prior to the city building inspector granting a
certificate of occupancy for any construction upon said individual lot. No application for a building permit
shall be granted without a requirement in the building pennit for construction of sidewalks to city's
standards.
Finding CPMC 16.20.130: Sidewalks shall be constructed along North Pacific Highway and Cascade
Drive per public works standards.
Conclusion CPMC16.20.130: Complies.
Chapter 16.24, Blocks and Lots—Design Standards
The lengths, widths and shapes of blocks shall be designed with due regard to providing adequate
building sites suitable to the special needs of the type and use contemplated, needs for convenient
access, circulation, control and safety of street traffic and limitations and opportunities of topography.
Finding CPMC 16.24: The proposed subdivision continues the development pattern established with
the construction of Cedar Park Subdivision to the north. The proposed development provides
connectivity to the existing development and future development to the east.
Conclusion CPJ1'C 16.24: Complies,
PART 3
ZONING ORDINANCE
The purpose of Title 17 of the CPMC is to encourage the most appropriate use of land, promote orderly
growth of the city, and promote public health, safety, convenience and general welfare. The sections of
CPMC 17 applicable to the application are:
Chapter 17,05, Applications and Types of Review Procedures
This Chapter establishes standard decision-making procedures that enable the city, the applicant, and the
public to review applications and participate in the local decision making process. There are four (4)
types of review procedures, Type 1, 11, 1I, and IV that are applied to land use and development
applications in Table 17,05.100.1. It also establishes when a Traffic Impact Analysis (TIA) is required.
Finding CPMC 17.05: As identified in Table 1, Section 17.05. 100,1 a subdivision tentative plann is
reviewed using Type III procedures, As evidenced by the mailed and posted notice documents in Exhibit
"A ", the application has been noticed and processed in accordance with the Type III review procedures
per Section 17.05,400, Per Section 17.05.900, a TlAfor residential development is required when
Average Daily Trips (ADT) exceed 25. Per the Institute of Transportation Engineers Trip Generation
Manual, a single family dwelling generates 9.57 ADT or 48 ADT for the proposed subdivision tentative
plan. A TIA is not required.
Page 15 of 37 Findings & Conclusions of Law File No.: SUB -18002
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Conclusion CPMC 17.05: Complies.
Chapter 17.65 — TOD Districts and Corridors
The purpose of the Central Point transit oriented development (TOD) district is to promote efficient and
sustainable land development and the increased use of transit as required by the Oregon Transportation
Planning Rule,
Finding CPMC 17.65: The proposed tentative plan has been reviewed in accordance with the
applicable zoning regulations provided in Chapter 17.65.
Table 1. Aimlicable 7.onins! Regulations
Minimum Density
Maximum Density
6 units/ acre
12 units/acre
6.7 units/acre
Minimum Lot Area
3,000 square feet
4,657 square feet
Average Lot Area
4,500 square feet
5,051 square feet
Minimum Lot Width
50 -feet
52 -feel
Minimum Lot Depth
50 -feet
90 -feet
As shown in Table 1, above, the proposed 5 for tentative plan on 0.74 acres complies xirh the lot
dimension standards in the LMR zoning district in the TOD District.
Conclusion CPMC 17.65: Complies.
Chapter 17.66 — Application Review Process for the TOD District and Corridor
This chapter describes the review procedures to be followed for development proposed within the
TOD district and corridor which are identified on the official city zoning map.
CPMC 17.66.030, Application and Review
A. There are four types of applications which are subject to review within the Central Point TOD
district and corridor.
TOD District or Corridor Master Plan. TOD District or Corridor Master Ptan. Master
plans shall be required for:
a. Development or land division applications which involve two or more acres of
land; or
b. Modifications to a valid master plan approval which involve one or more of the
following;
Page 16 of 37 Findings & Conclusions of Law File No.: SUB -18002
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An increase in dwelling unit density which exceeds fiver percent of
approved density;
An increase in commercial gross floor area of ten percent or two
thousand square feet, whichever is greater;
iii. A change in the type and location of streets, accessways, and parking
areas where off-site traffic would be affected; or
iv. A modification of a condition imposed as part of the master plan
approval.
Finding CPMC 17.66.030(A)(1): The subject property is approximately 2.36 acres, and the
project subdivision, including individual lots, streets and other improvements is approximately
0. 74 acres in size, The property was considered as part of the Cedar Park Suhdivision and was
included in a conceptual master plan in 2002 (Figure 3). The remaining 1.6 acres of the site is
located xvithin the Special Flood Hazard Area for Griffin Creek and is shown as "Reserve
Acreage on the tentative plan (Figure 1). Due to local flood damage prevention requirements
in CPMC 8.24.190 and ongoing litigation between the Federal Emergency Management
Agency (PEMA) and environmental groups regarding the National Flood Insurance Program
in Oregon and Endangered Species, land within the Reserve Acreage cannot be developed and
is designated as environmental land. The resulting net acreage involved in the development is
0.71 acres. Due to uncertainty in the floodplain development requirements for the SFHA land,
staffrecommends the net acreage be approved based on its compliance with the 2002 master
plan (Figure 3) and that the proposed net developable area is below the threshold for
development ofa new or mods ied master plan. Pending a development application.for the
Reserve Acreage at a facture unspecified date, and resolution of FEMA's litigation matters, a
condition of approval requires the applicant to submit an updated Master Plan to account for
changes to tire floodplain.
Conclusion CPMC 17.66.030(A)(1): Complies as conditioned.
2. Site Plan and Architectural Review. The provisions of Chapter 17.72, Site Plan and
Architectural Review, shall apply to permitted uses and limited uses within the TOD
district and corridor. For site plan and architectural review applications involving two
or more acres of land, a master plan approval, as provided in this chapter, shall be
approved prior to, or concurrently with, a site plan and architectural review application.
Finding CPAIC 17.66.030(A)(2): The current application is for a subdivision tentative plan
and does not include a Site Plan and .Architectural Review,
Conclusion CPMC 17.66.030(A)(2): Not applicable,
3. Land Division. Partitions and subdivisions shall be reviewed as provided in Title 16,
Subdivisions. For a land division application involving two or more acres of land, a
master plan approval, as provided in this chapter, shall be approved prior to, or
concurrently with, a land division application.
Page 17 of 37 Findings & Conclusions of Law File No,: SUB -18002
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Finding CPMC 17.66.030(A)(3).- The subject property is approximately 2.36 acres, and the
project subdivision, including individual lots, streets and other improvements is
approximately 0. 74 acres in size_ The property was considered as part of'the Cedar Park
Subdivision anti was included in a conceptual master plan in 2001 (Figure 3). The remaining
1.6 acres of the site is located within the Special Flood Hazard Area, for Griffin Creek and is
Shown as "Reserve .Acreage" on the tentative plan (Figure I) ,A condition of approval
requires the applicant to submit an updated .Master Plan at the time of potential future
development of'the "Reserve Acreage."
Conclusion CPMC 17.66.030(A)(3): Complies as conditioned.
4. Conditional Use. Conditional uses shall be reviewed as provided in Chapter 17.76,
Conditional Use Permits.
Finding CPMC 17.66.030(A)(4): The current application is a 5 -lot subdivision and does not
include a Conditional Use.
Conclusion CPMC 17.66.030(A): Not applicable.
B, Submittal Requirements. A master plan shall include the following elements:
1. Introduction. A written narrative describing:
a. Duration of the master plan;
b.Site location map;
c.Land use and minimum and maximum residential densities proposed;
d.Identification of other approved master plans within the project area (one
hundred feet).
2. Site Analysis Map. A map and written narrative of the project area addressing site
amenities and challenges on the project site and adjacent lands within one hundred feet of
the project site_
a. Master Utility Plan. A plan and narrative addressing existing and proposed utilities
and utility extensions for water, sanitary sewer, storm water, gas, electricity, and
agricultural irrigation.
b. Adjacent Land Use Pian. A map identifying adjacent land uses and structures
within one hundred feet of the project perimeter and remedies for preservation of
livability of adjacent land uses.
3. Transportation and Circulation Plan. A transportation impact analysis (TIA) identifying
planned transportation facilities, services and networks to be provided concurrently with
Page 18 of 37 Findings & Conclusions of Law File No.: SUB -18002
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the development of the master plan and addressing Section 17.67.040, Circulation and
access standards.
4. Site Plan. A plan and narrative addressing Section 17.67.050, Site design standards.
5. Recreation and Open Space Plan. A plan and narrative addressing Section 17.67.060,
Public parks and open space design standards.
6. Building Design Plan. A written narrative and illustrations addressing Section 17.67.070,
Building design standards.
7. Transit Plan. A plan identifying proposed, or future, transit facilities (if any).
8. Environmental Plan. A plan identifying environmental conditions such as wetlands, flood
hazard areas, groundwater conditions, and hazardous sites on and adjacent to the project
site.
9. Applications shall be submitted as required in Chapter 17.05.
Finding CPUC 17.66.030(B): The proposal was considered as part oj'the Cedar Park
Subdivision and was included as part of a conceptual master plan in 2002 (Figure 3). R
condition of approval requires the applicant to submit an updated Master Plan at the time of
porentiat future development of the "Reserve Acreage, ' as shown on the tentative plan map in
Figure 1.
Conclusion CPMC 17.66.030(B): Complies as conditioned,
CPMC 17.66.040 Parks and Open Space
Common park and open space shall be provided for all residential development within a TOD district or
corridor as per Section 17.67.060.
Finding CPAIC 17.66.040: As shown on the Tentative Plan (Figure 1) common park and open space is
included as part of the proposal.
Conclusion CPMC 17.66.040: Complies,
CPMC 17.66.050 Application Approval Criteria
A. TOD District or Corridor Master Plan. A master plan shall be approved when the approval
authority finds that the following criteria are satisfied or can be shown to be inapplicable:
1. Sections 17.65.040 and 17.65.050, relating to the TOD district;
2. Sections 17.65.060 and 17.65.070, relating to the TOD corridor;
3. Chapter 17.67, Design Standards--TOD District and TOD Corridor;
Page 19 of 37 Findings & Conclusions of Law File No.: SUB -18002
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4. Chapter 17.60. General Regulations, unless superseded by Sections 17.65.040 through
17,65.070;
5. Section 17.65.050, Table 3, TOD District and Corridor Parking Standards. and Chapter 17.64,
Off -Street Parking and Loading.
6. Chapter 17.70, Historic Preservation Overlay Zone; and
7. Chapter 17.76, Conditional Use Permits, for any conditional uses proposed as part of the
master plan.
Finding CP -,UC 17.66.050(A): The proposal was considered as part of the Cedar Park-
Subdivision
arkSubdivision and was included as part of a conceptual master plan in 2002 (Figure 3). A condition
of approval requires the applicant to submit an updated Master Plan at the time of potential fieture
development of the "Reserve Acreage. " ccs shown on the tentative plan map ire Figure I.A master
plan is not required at this time.
Conclusion CP.,YIC 17.66.050(A): Nat applicable.
B. Site Plan and Architectural Review. A site plan and architectural review application shall be
approved when the approval authority finds that the following criteria arc satisfied or can be
shown to be inapplicable:
1. The provisions of Chapter 17.72, Site Plan and Architectural Review, shall be satisfied; and
2. The proposed improvements comply with the approved TOD district or corridor master
plan for the property, if required; and
3. Chapter 17.6', Design Standards--TOD District and TOD Corridor.
Finding CPMC 1'.66.050(B): The application is for a subdivision tentative plan and does not
include a Site Plan and .=Architectural Review.
Conclusion CPMC 17.66.050(B): JVot applicable.
C. Land Division. A land division application shall be approved when the approval authority finds
that the following criteria are satisfied or can be shown to be inapplicable:
1. The provisions of Title 16, Subdivisions; and
Page 20 of 37 Findings & Conclusions of Law File No.: SUB- 18002
34
2. The proposed land division complies with the approved TOD district or corridor master
plan for the property, if required; and
3. Chapter 17.67, Design Standards--TOD District and TOD Corridor,
Finding CPMC 17.66.050(0): As evidenced by the findings and conclusions set forth herein, the
proposed subdivision tentative plan satisfies the approval criteria.
Conclusion CPIVIC I7.66.050(C): Complies.
D. Conditional Use,
1. A conditional use application shall be approved when the approval authority finds that the
following criteria are satisfied or can be shown to be inapplicable:
a.The provisions of Chapter 17.76, Conditional Use Permits; and
b.The proposed conditional use complies with the approved TOD district or corridor
master plan for the property, if required; and
c. Chapter 17.67. Dcsign Standards--TOD District. and TOD Corridor.
2. A conditional use application shall not be required for a conditional use which was
approved as part of a valid master plan approval as provided in subsection (A) of this
section
Finding CPMC 17.66.050(D): The current application is a 5 -lot subdivision and does not include
a Conditional Use,
Conclusion CPMC 17.66.030: Not applicable.
CPMC 17.66.060 Conditions of approval
The approval authority may apply reasonable conditions of approval to ensure that the applicable
standards of this code are satisfied.
Finding CPMC 17.66.06O. -As evidenced by the findings and conclusions set forth herein, reasonable
conditions apply to ensure the standards of this code are satisfied.
Conclusion CPMC 17.66.060: Complies.
CPMC 17.66.070 Approval expiration
Page 21 of 37 Findings & Conclusions of Law File No.: SUB -18002
35
A. Application approvals granted according to the provisions of this chapter shall expire and become
void one year from the date on which they were issued unless:
1. An application for extension is filed and approved subject to the requirements of Chapter
17.05; or
2. Building permits For the development have been issued and construction diligently
pursued to initiate construction.
B. If the time limit for development expired and no extension has been granted, the application shall
be void
Finding CPMC 17.66.070. The application far subdivision tentative pian is reviewed as a. Type
III e1pplicalion, Type III applications are reviewed in accordance wiih procedures provided in
Section 17.05.400, including approval expiration and extension requests.
Conclusion CPMC 17.66.070. Complies,
Chapter 17.67, Design Standards — TOD District and TOD Corridor
CPMC 17.67.040, Circulation and access standards
A. Public Street Standards.
I . Except for specific transportation facilities identified in a TOD district or corridor master
plan, the street dimensional standards set forth in the City of Central Point Department of
Public Works Standard Specifications and Uniform Standard Details for Public Works
Construction, Section 300; Street Construction shall apply for all development located
within the TOD district and for development within the 'rOD corridor which is approved
according to the provisions in Section. 17.65.020 and Chapter 17.66.
2. Block perimeters shall not exceed two thousand feet measured along the public street right-
of-way.
3. Block lengths for public streets shall not exceed six hundred feet between through streets,
measured along street right-of-way.
4. Public alleys or major off-street bike/pedestrian pathways, designed as provided in this
chapter, may be used to meet the block length or perimeter standards of this section.
5. The standards for block perimeters and lengths shall be modified to the minimum extent
necessary based on findings that strict compliance with the standards is not reasonably
practicable or appropriate due to:
a. Topographic constraints;
b.Existing development patterns on abutting property which preclude the logical
connection of streets or accessways;
Page 22 of 37 Findings & Conclusions of Law File No.: SUB -18002
36
c. Railroads;
d.Traffic safety concerns;
e. Functional and operational needs to create a large building; or
f Protection of significant natural resources.
6. All utility lines shall be underground but utility vault access lids may be located in the
sidewalk area.
7. Connections shall be provided between new streets in a TOD district or corridor and
existing local and minor collector streets.
& Pedestrian/Bike Accessways Within Public Street Right -of -Way.
a. Except for specific accessway facilities identified in a TOD district or corridor
master plan, the following accessway dimensional standards set forth in the City of
Central Point Department of Public Works Standard Specifications and Uniform
Standard Details for Public Works Construction, Section 300, Street Construction
shall apply for any development located within the TOD district and for
development within the TOD corridor which is approved according to the
provisions in Sectionl7.65.020 and Chapter 17.66.
b.in transit station areas, one or more pedestrian -scaled amenities shall be required
with every one hundred square feet of the sidewalk area, including but not limited
to:
i. Street furniture;
ii. Plantings;
iii. Distinctive Paving;
iv. Drinking fountains; and
V. Sculpture.
c. Sidewalks adjacent to undeveloped parcels may be temporary.
d.Public street, driveway, loading area, and surface parking lot crossings shall be
clearly marked with textured accent paving or painted stripes.
e.The different zones of a sidewalk should be articulated using special paving or
concrete scoring.
Finding 17.67.040(A)(1-8): The Applicant's Findings of Fact state that the proposed completion
of Cascade Drive will be designed to comply with the City's codes including the Public Works
Design Specifications for street construction. This is supported by the Tentative Plan (Figure 1)
and the Public Works Staff Report dated June 21, 2018. As a condition of approval, sidewalks
Page 23 of 37 Findings & Conclusions of Law File No,: SUB -18002
37
must be installed along Cascade Drive and North Pacific Highway and a landscape row must be
installed along Cascade Drive,
Conelusion 17.66.040(A)(1-8): Complies as conditioned.
9. Public Off -Street Accessways.
a. Pedestrian accessways and greenways should be provided as needed to supplement
pedestrian routes along public streets.
b. Off-street pedestrian accessways shall incorporate all of the following design
criteria:
i. The applicable standards in the City of Central Point Department of Public
Works Standard Specifications and Uniform Standard Details for Public
Works Construction, Section 300, Street Construction;
ii. Minimum ten -foot vertical clearance;
iii. Minimurn twenty -foot horizontal barrier clearance for pathway;
iv. Asphalt, concrete, gravel, or wood chip surface as approved by the city,
with a compacted subgrade;
V. Nonskid boardwalks if wetland construction is necessary; and
vi. Minimum one hundred square feet of trailhead area at intersections with
other pedestrian improvements. A trail map sign shall be provided at this
location.
c. Minor off-street trails shall be a minimum of five feet wide, have a minimum
vertical clearance of eight feet, a minimum two -foot horizontal clearance from edge
of pathway and be constructed of gravel or wood chips, with a compacted
subgrade.
Finding 17.67.040(A)(9): The subject property abuts the Skyrman Arboretum, a City of Central
Point public park. As a condition of approval the applicant must provide a parks access plan that
depicts the location of a single pedestrian access path through the proposed development into
Skyrman Park. Access to the park from the individual lots will not be permitted.
Conclusion 17.66.040(A)(9): Complies as conditioned,
B. Parking Lot Driveways.
1. Parking lot driveways that link public streets and/or private streets with parking stalls shall
be designed as private streets, unless one of the following is met:
a.The parking lot driveway is less than one hundred feet long;
b.The parking lot driveway serves one or two residential units; or
Page 24 of 37 Findings & Conclusions of Law File No.: SUB -18002
38
c.The parking lot driveway provides direct access to angled parking stalls.
2. The number and width ofdriveways and curb cuts should be minimized and consolidated
when possible.
3. Where possible, parking lots For new development shall be designed to provide vehicular
and pedestrian connections to adjacent sites,
4. Large driveways should use distinctive paving patterns.
Finding 17,67.040(B): Surface parking areas are not proposed as part ofthe subdivision
development Driveways and on-site parking will be provided for the individual residential lots,
Conclusion 17.67.040(8): Not applicable.
C. On -Site Pedestrian and Bicycle Circulation, Attractive access routes for pedestrian travel should
be provided by:
I . Reducing distances between destinations or activity areas such as public sidewalks and
building entrances. Where appropriate, develop pedestrian routes through sites and
buildings to supplement the public right-of-way;
2. Providing an attractive, convenient pedestrian accessway to building entrances;
3. Bridging across barriers and obstacles such as fragmented pathway systems, wide streets,
heavy vehicular traffic, and changes in level by connecting pedestrian pathways with
clearly marked crossings and inviting sidewalk design;
4. Integrating signage and lighting system which offers interest and safety for pedestrians;
5. Connecting parking areas and destinations with pedestrian paths identified through use of
distinctive paving materials, pavement striping, grade separations, or landscaping.
Finding 17.67.040(C): On-site pedestrian circulation will be provided by completion of sidewalks
along North Pacific Highway and Cascade Drive. As a condition of approval, a single pedestrian
path will connect the proposed subdivision with SAyrman Arboretum to the south.
Conclusion 17.67.040(C): Complies as conditioned.
17.67,050 Site Design Standards.
The following standards and criteria shall be addressed in the master plan, land division, and/or site plan
review process:
A. Adjacent Off -Site Structures and Uses.
1. All off-site structures, including septic systems, drain fields, and domestic wells (within
one hundred feet) shall be identified and addressed in the master plan, land division, or site
plan process in a manner that preserves and enhances the livability and future development
needs of off-site structures and uses consistent with the purpose of the TOD district and as
Page 25 of 37 Findings & Conclusions of Law File No.: SUB -18002
39
necessary to improve the overall relationship of development or an individual building to
the surrounding context.
2. Specific infrastructure Facilities identified on site in the master plan, land division, and/or
site plan shall comply with the underground utility standards set forth in the City of Central
Point Department of Public Works Standard Specifications and Uniform Standard Details
for Public Works Construction, Section 400, Storm Water Sewer System and, more
specifically, Section 420.10.02, Ground Water Control Plan, in order to safeguard the
water resources of adjacent uses.
Finding 17.67.050(8): There are no off-site structures servicing the subject property. All
proposed utility infrastructure has been reviewed by the Public Works Department and
determined to comply with all applicyrble sections of 'the City of Central Poinr Department Public
Works Standard Specification and Unijb►m Standard Details for Public Works Construction.
Conclusion 17.67.050(A): Complies.
B. Natural Features.
1. Buildings should be sited to preserve significant trees.
2. Buildings should be sited to avoid or lessen the impact of development on environmentally
critical areas such as steep slopes, wetlands, and stream corridors.
3. Whenever possible, wetlands, groves and natural areas should be maintained as public
preserves and as open space opportunities in neighborhoods.
Finning 17.67.950(8): The project site is located along the Griffin Creek stream corridor. The
floodplain bounda?y extends across a large portion of'the property, approximately 1.6 acres oj'the
total 2.36 acres. As shown on the tentative plan (Figure 1), the proposed development is propomel
on the remaining area outside of'the flood zone. The area of the property encumbered by the
floodplain boundary is designated as "Reserve Acreage. "
Conclusion 17.66.050(B): Complies.
C. Topography,
1. Buildings and other site improvements should reflect, rather than obscure, natural
topography,
2. Buildings and parking lots should be designed to fit into hillsides, for instance, reducing
the need for grading and filling.
3. Where neighboring buildings have responded to similar topographic conditions on their
sites in a consistent and positive way, similar treatment for the new structure should be
considered.
Finding 17.67.030(C): Topography on the project is relatively, flat with minor grade changes
across the subject property.
Page 26 of 37 Findings & Conclusions of Law File No_: SUB -18002
40
Conclusion 17.67.050(Q: ,Not applicable.
D. Solar Orientation.
1. The building design, massing and orientation should enhance solar exposure for the
project, taking advantage of the climate of Central Point for sun -tempered design.
2. Where possible, the main elevation should be facing within twenty-five degrees due south.
3. In residential developments, the location of rooms should be considered in view of solar
exposure, e.g., primary living spaces should be oriented south but a west facing kitchen
should be avoided as it may result in summer overheating.
4. Outdoor spaces should be strategically sited for solar access and the cooling summer
winds.
5. Shadow impacts, particularly in winter on adjacent buildings and outdoor spaces should be
avoided.
Finding 17.67,050(D): The proposal maximizes solar orientation to the greatest extent possible
within the context of the existing street network and adjacent development patterns.
Conclusion 17.67.050(D): Complies,
E. Existing Buildings on the Site.
1. Where a new building shares the site with an admirable existing building or is a major
addition to such a building, the design of the new building should be compatible with the
original.
2. New buildings proposed for existing neighborhoods with a well-defined and desirable
character should be compatible with or complement the architectural character and siting
pattern of neighboring buildings.
Finding 17.67.050(E): The existing buildings on the site will be removed as part of the proposed
development. No building designs were included with the application. Future building designs
must comply with CPMC 17.67.070 — Building Design Standards that ensures consistent
architectural character and compatible siting patterns, for neighborhoods within the TCD District.
Conclusion 17.67.050(E), Complies.
F. New Prominent Structures. Key public or civic buildings, such as community centers, churches,
schools, libraries, post offices, and museums, should be placed in prominent locations, such as
fronting on public squares or where pedestrian street vistas terminate, in order to serve as
landmarks and to symbolically reinforce their importance.
Finding 17.67.050(F): The proposed residential subdivision does not include key public or civic
buildings.
Conclusion 17.67.050(F): Not applicable.
Page 27 of 37 Findings & Conclusions of Law File No.: SUB -18002
41
G. Views. The massing of individual buildings should be adjusted to preserve important views while
benefiting new and existing occupants and surrounding neighborhoods.
Finding 17.67.050(G): Building designs for the individual residential structures were not
included with the application Building designs must comply with CPivfC 17, 67.070 - Building
Design Standards, and will be consistent with the architectural design requirements, setback
standards and height requirements for the TOD District.
Conclusion 17.67.050(G): Complies.
H. Adjoining Uses and Adjacent Services,
1. When more intensivc uses, such as neighborhood commercial or multifamily dwellings,
are within or adjacent to existing single-family neighborhoods, care should be taken to
minimize the impact of noise, lighting, and traffic on adjacent dwellings.
2. Activity or equipment areas should be strategically located to avoid disturbing adjacent
residents.
3. All on-site service areas, loading zones and outdoor storage areas, waste storage, disposal
facilities, transformer and utility vaults, and similar activities shall be located in an area not
visible from a street or urban space.
4. Screening shall be provided for activities, areas and equipment that will Create noise, such
as loading and vehicle areas, air conditioning units, heat pumps, exhaust fans, and garbage
compactors, to avoid disturbing adjacent residents.
S. Group mailboxes are limited to the number of houses on any given block of development.
Only those boxes serving the units may be located on the block. Multiple units of
mailboxes may be combined within a centrally located building of four walls that meets
the design guidelines for materials, entrance, roof form, windows, etc. The structure must
have lighting both inside and out.
Finding 17.67,050(H): The project site abuts Skyrman Arboretum to the south. The common
property boundary between the individual lots will be f iced and landscaped in accordance to
CPMC 17.67.070 — Building Design Standards. A single pedestrian path will be provided through
the development for access to the park.
Conclusion 17.67.050(H): Complies.
E. Transitions in Density,
1. Higher density, attached dwelling developments shall minimize impact on adjacent
existing lower density, single-family dwelling neighborhoods by adjusting height, massing
and materials and/or by providing adequate buffer strips with vegetative screens.
2. Adequate buffer strips with vegetative screens shall be placed to mitigate the impact of
higher density development on adjacent lower density development.
Page 28 of 37 Findings & Conclusions of Law File No,; SUB -18002
42
3 vew residential buildings within fifty feet of existing low density residential development
shall be no higher than thirty-five feet and shall be limited to single-family detached or
attached units, duplexes, triplexes or fourplexes.
4. New commercial buildings within fifty feet of existing low density residential development
shall be no higher than forty-five feet.
5. Dwelling types in a TOD district or corridor shall be mixed to encourage interaction
among people of varying backgrounds and income levels.
6. Zoning changes should occur midblock, not at the street centerline, to ensure that
compatible building types face along streets and within neighborhoods. When dissimilar
building types face each other across the street because the zoning change is at the street
centerline or more infill housing is desired (for instance, duplexes across the street from
single dwellings), design shall ensure similarity in massing, setback, and character.
7. Density should be increased incrementally, to buffer existing neighborhoods from
incompatible building types or densities. Sequence density, generally, as follows: large lot
single dwelling, small lot single dwelling, duplex, townhomes, courtyard multifamily
apartments, large multifamily apartments, and mixed use buildings.
Finding 17.67, 050(!): The project site is located in the LMR zoning district within the TOD
District and the proposed 5 -lot subdivision is consistent with the zoning regulations in CPtvfC
17.65,050. The development is located adjacent to the Cedar Park Subdivision and the lot
configuration is consistent with the existing development pattern.
Conclusion 17.67.050(1): Complies,
J. Parking.
1. Parking Lot Location.
a. Off-street surface parking lots shall be located to the side or rear of buildings.
Parking at midblock or behind buildings is preferred.
b.Off-street surface parking lots shall not be located between a front facade of a
building and a public street.
c. If a building adjoins streets or accessways on two or more sides, off-street parking
shall be allowed between the building and the pedestrian route in the following
order of priority:
15t. Accessways;
2nd. Streets that are non -transit streets.
3`d. Streets that are transit streets.
d.Parking lots and garages should not be located within twenty feet of a street comer.
Page 29 of 37 Findings & Conclusions of Law File No.: SUB -18002
43
?. Design.
a.All perimeter and interior landscaped areas must have protective curbs along the
edges, Trees must have adequate protection from car doors and bumpers,
b.A portion of the standard parking space may be landscaped instead of paved. The
landscaped area may be up to two feet in front of the space as measured from a line
parallel to the direction of the bumper of a vehicle using the space_ Landscaping
must be ground stover plants. The landscaping does not apply toward any perimeter
or interior parking lot landscaping requirements, but does count toward any overall
site landscaping requirement.
c. In order to control dust and mud, all vehicle areas must be paved.
d. All parking areas must be striped in conformance with the city of Central Point
parking dimension standards.
e.Thoughtful siting of parking and vehicle access should be used to minimize the
impact of automobiles on the pedestrian environment, adjacent properties, and
pedestrian safety.
f. Large parking lots should be divided into smaller areas, using, for example,
landscaping or special parking patterns.
g,Parking should be located in lower or upper building levels or in less visible
portions of site.
3. Additional Standards for LMR, MMR and HVIR Zones.
a. When parking must be located to the side of buildings, parking frontage should be
limited to approximately fifty percent of total site frontage.
b.bVhere possible, alleys should be used to bring the vehicle access to the back of the
site,
c. For parking structures, see Section I. 7.67,070(H),
Finding 1' 67,050(J): S-ur&ce parking areas tire not included us part of the proposed
subdivisioM
Conclusion 17.67.050(J): Not applicable.
K. Landscaping.
t, Perimeter Screening and Planting.
a. Landscaped buffers should be used to achieve sufficient screening while still
preserving views to allow areas to be watched and guarded by neighbors.
Page 30 of 37 Findings & Conclusions of Law File No.: SUB -18002
44
b,Landscaping should be used to screen and buffer unsightly uses and to separate
such incompatible uses as parking areas and waste storage pickup areas.
2. Parking Lot Landscaping and Screening.
a. Parking areas shall be screened with landscaping, fences, walls or a combination
thereof.
Trees shall be planted on the parking area perimeter and shall be spaced at
thirty feet on center_
ii. Live shrubs and ground cover plants shall be planted in the landscaped area.
iii. Each tree shall be located in a four -foot by four -foot minimum planting
area.
iv. Shrub and ground cover beds shall be three feet wide minimum.
V. Trees and shrubs must be fully protected from potential damage by
vehicles.
b.Surface parking areas shall provide perimeter parking lot landscaping adjacent to a
street that meets one of the following standards:
i. A five -foot -wide planting strip between the right-of-way and the parking
area. The planting strip may be interrupted by pedestrian -accessible and
vehicular accessways. Planting strips shall be planted with an evergreen
hedge. Hedges shall be no less than thirty-six inches and no more than
forty-eight inches in height at maturity. Hedges and other landscaping shall
be planted and maintained to afford adequate sight distance for vehicles
entering and exiting the parking lot;
U. A solid decorative wall or fence a minimum of thirty-six inches and a
maximum of forty-eight inches in height parallel to and not closer than two
feet from the edge of right-of-way. The area between the wall or fence and
the pedestrian accessway shall be landscaped. The required wall or
screening shall be designed to allow for access to the site and sidewalk by
pedestrians and shall be constructed and maintained to afford adequate sight
distance as described above for vehicles entering and exiting the parking
lot;
iii. A transparent screen or grille forty-eight inches in height parallel to the
edge of right-of-way. A two -foot minimum planting strip shall be located
either inside the screen or between the screen and the edge of right-of-way.
The planting strip shall be planted with a hedge or other landscaping.
Hedges shall be a minimum thirty-six inches and a maximum of forty
inches in height at maturity.
c. Gaps in a build'ing's frontage on a pedestrian street that are adjacent to off-street
parking areas and which exceed sixty-five feet in length shall be reduced to no
Page 31 of 37 Findings & Conclusions of Law File No.: SUB -18002
45
more than sixty-five feet in length through use of a minimum eight -foot -high
screen wall. The screen wall shall be solid, grille, mesh or lattice that obscures at
least thirty percent of the interior view (e.g., at least thirty percent solid material to
seventy percent transparency).
d, Parking Area Interior Landscaping.
Amount of Landscaping. All surface parking areas with more than ten
spaces must provide interior landscaping complying with one or both of the
standards stated below.
(A) Standard 1. interior landscaping must be provided at the rate of
twenty square feet per stall. At least one tree must be planted for
every two hundred square feet of landscaped area. Ground cover
plants must completely cover the rumainder of the landscaped urea.
(B) Standard 2. One tree must be provided for every four parking
spaces. If surrounded by cement, the tree planting area must have a
minimum dimension of four feet. If surrounded by asphalt, the tree
planting area must have a minimum dimension of three feet.
ii. Development Standards for Parking Area Interior Landscaping.
(A) All landscaping must comply with applicable standards. Trees and
shrubs must be fully protected from potential damage by vehicles.
(B) Interior parking area landscaping must be dispersed throughout the
parking area. Some trees may be grouped, but the groups must be
dispersed.
(C) Perimeter landscaping may not substitute for interior landscaping.
However, interior landscaping may join perimeter landscaping as
long as it extends four feet or more into the parking area from the
perimeter landscape line.
(D) Parking areas that are thirty feet or less in width may locate their
interior landscaping around the edges of the parking area. interior
landscaping placed along an edge is in addition to any required
perimeter landscaping.
3. Landscaping Near Buildings. Landscaping shall serve as a screen or buffer to soften the
appearance of structures or uses such as parking lots or large blank walls, or to increase the
attractiveness of common open spaces.
4. Service Areas. Service areas, loading zones, waste disposal or storage areas must be fully
screened from public view.
a. Prohibited screening includes chain-link fencing with or without slats.
b,Acceptable screening includes:
Page 32 of 37 Findings & Conclusions of Law File No.: SUB -18002
46
A six-foot masonry enclosure, decorative metal fence enclosure, a wood
enclosure, or other approved materials complementary to adjacent
buildings; or
A six foot solid hedge or other plant material screening as approved.
Finding 17.67.050(x)(1-4): Surface parking areas and service areas are not included as part of
the proposed subdivision
Conclusion 17,67.050(x)(1-4): Not applicable.
Street Trees. Street trees shall be required along both .sides of all public streets with a
spacing of twenty feet to forty feet on center depending on the mature width of the tree
crown, and planted a minimum of two feet from the back of curb. Trees in the right-of-way
or sidewalk easements shall be approved according to size, quality, and tree well design, iF
applicable, and irrigation shall be required. Tree species shall be chosen from the city of
Central Point approved street tree list.
Finding 17.67.050(x)(5): The Applicant's Findings of'Fact state that the proposed completion oJ'
Cascade Drive will be designed to comply with the City's codes including the Public barks
Design Specifications for street tree planting (A-12).
Conclusion 17.67,050(x)(5): Complies,
L. Lighting.
1. Minimum Lighting Levels. Minimum lighting levels shall be provided for public safety in
all urban spaces open to public circulation.
a.A minimum average light Ievel of one and two-tenths foot candles is required for
urban spaces and sidewalks.
b.Metal-halide or lamps with similar color, temperature and efficiency ratings shall
be used for general lighting at building exteriors, parking areas, and urban spaces.
Sodium -based lamp elements are not allowed.
c. Maximum lighting levels should not exceed six foot candles at intersections or one
and one-half foot candles in parking areas.
2. Fixture Design in Public Rights -of -Way.
a. Pedestrian -scale street lighting shall be provided including all pedestrian streets
along arterials, major collectors, minor collectors and local streets.
b.Pedestrian street lights shall be no taller than twenty feet along arterials and
collectors, and sixteen feet along local streets.
3. On -Site Lighting. Lighting shall be incorporated into the design of a project so that it
reinforces the pedestrian environment, provides continuity to an area, and enhances the
drama and presence of architectural features. Street lighting should be provided along
Page 33 of 37 Findings & Conclusions of Law File No.: SUB -18002
47
sidewalks and in medians. Selected street light standards should be appropriately scaled to
the pedestrian environment, Adequate illumination should be provided for building entries,
corners of buildings, courtyards, plazas and walkways.
a, Accessways through surface parking lots shall be well lighted with fixtures no
taller than twenty feet.
b.Locate and design exterior lighting of buildings, signs, walkways, parking tots, and
other areas to avoid casting light on nearby properties.
c. Fixture height and lighting levels shall be commensurate with their intended use
and function and shall assure compatibility with neighboring land uses. Baffles
shall be incorporated to minimize glare and to focus lighting on its intended area.
d.Additional pedestrian -oriented site lighting including step lights, well lights and
bollards shall be provided along all courtyard lanes, alleys and off-street bike and
pedestrian pathways.
e. In addition to lighting streets, sidewalks, and public spaces, additional project
lighting is encouraged to highlight and illuminate building entrances, landscaping,
parks, and special features.
Finding 17.67.050(L): The Applicant's Findings of Fact stare that the proposed completion of
Cascade Drive will be designed to comply with the City`s codes including the Public Works
Design Specifications far street construction, including electrical street lighting standards. Per the
Public Works Staff Report, compliance with the Public Works Construction Specifications shall be
verified prior to final plat (Condition No. 1, 2, and 5)
Conc1mvion 17.67.050(L): Complies.
M. Signs -
Finding I7.67.050(M): Per the tentative plan application, signage is not included in the proposal.
Conclusion 17.67.0500: Not applicable..
17.67.060 Public Parks and Open Space Design Standards.
A. General. Parks and open spaces shall be provided in the TOD districts and TOD corridors and
shall be designed to accommodate a variety of activities ranging from active play to passive
contemplation for all ages and accessibility.
Finding CPMC 17.67.060(A): As shown on the tentative plan (Figure 1), the subdivision includes an
open space area on the west side of the development along North Pacific Highway and Cascade Drive
and is consistent to the open space provided with Cedar Park to the north. The open space area is
part of a larger open space plan for Cedar Park per the Cedar Park Master Plan (Figure 3) and is
designed to accommodate a variety of'activilies.
Conclusion CPMC 17.67,060(A): Complies,
Page 34 of 37 Findings & Conclusions of Law File No.: SUB -18002
48
B. Parks and Open Space Location,
I. Parks and open spaces shall be located within walking distance of all those living, working
and shopping in TOD Districts.
2. Parks and open spaces shall be easily and safely accessed by pedestrians and bicyclists.
3. For security purposes, parks and open spaces shall be visible from nearby residences,
stores or offices.
4. Parks and open spaces shall be available for both passive and active use by people of all
ages.
5. Parks and open spaces in predominantly residential neighborhoods shall be located so that
windows from living areas (kitchens, family rooms, living rooms, but not bedrooms or
bathrooms) of a minimum of four residences face onto it.
Finding CF41C 17.67.060(8): As shown on the tentative plan (Figure 1), the open space is
located along ,'Forth Pacific Highway, on the west side of the subdivision near the intersection
with Cascade Chive, which is within walking distance of the proposed lots, is easily accessible and
provides visibility from nearby residences.
Conclusion CPAW 17.67.060(B): Complies.
C. Parks and Open Space Amount and Size.
1. Common open space will vary in size depending on their function and location.
2. The total amount of open space provided in a TOD district or corridor shall be adequate to
meet the needs of those projected (at the time of build out) to live, work, shop and recreate
there_
3. All TOD projects requiring master plans shall be required to reserve, improve and/or
establish parks and open space which, excluding schools and civic plazas, meet or exceed
the following requirements:
a. For single-family detached and attached residences, including duplex units,
townhouses and row houses: four hundred square feet for each dwelling.
b. For multifamily residences, including multistory apartments, garden apartments,
and senior housing: six hundred square feet for each dwelling.
c. Nonresidential development: at least ten percent of the development's site area
Finding CPMC 17.67.060(C): As shown on the tentative plan (Figure 1), the proposed open
space area is 1, 963 square feel. An additional 1.6 acres is within the floodplain and is designated
as Reserve Acreage,for passive environmental purposes until such time a floodplain development
and mitigation plan can be developed and approved in accordance with local andfederal
requirements. The proposed subdivision is a 5 -lot single-family development that requires a
minimum of 2, 000 square feet of'open space. In total, the 1.6 acres plats the 1,963 square feet
Page 35 of 37 Findings & Conclusions of Law File No.: SUB- 18002
49
exceeds the minimum open space area required. if a development and mitigation plan is submitted
at a future unspecified date, it shall demonstrate how the open space requirements of this section
continue to be met,
Conclusion CPMC 17.67.060(C). Complies.
D. Parks and Open Space Design.
1. Parks and open spaces shall include a combination garbage/recycling bin and a drinking
fountain at a frequency of one combination garbage/recycling bin and one drinking
fountain per site or one combination garbage/recycling bin and one drinking fountain per
two acres, whichever is less, and at least hvo of the following improvements:
a. Benches or a seating wall;
b.Public art such as a statue;
c. Water feature or decorative fountain;
d.Children's play structure including swing and slide;
e. Gazebo or picnic shelter;
f Picnic tables with barbecue;
g.Open or covered outdoor sports court for one or more of the following: tennis,
skateboard, basketball, volleyball, badminton, racquetball, handballlpaddleball;
h.Open or covered outdoor swimming and/or wading pool or play fountain suitable
for children to use; or
i. Outdoor athletic fields for one or more of the following: baseball, softball, Little
League, soccer.
2. All multifamily buildings that exceed twenty-five units and may house children shall
provide at least one children's play structure on site.
3. For safety and security purposes, parks and open spaces shall be adequately illuminated
Finding 17.67.060(D): The open space area is included on the tentative plan (Figure 1). Park
design was not included as part of the application. As a condition ofapproval, the applicant must
submit a park and open space design plan that meets the standards of'this section.
Conclusion 17.67.060(D): Complies as conditioned.
17.67.070 Building Design Standards.
Finding CPMC 17.67.070: Building designs are not included in the subdivision tentative plan
application. Residential building designs will be reviewed to ensure compliance with CPMC 17 67.070 -
Building Design Standards of this section at the time of building permit application.
Page 36 of 37 Findings & Conclusions of Law File No.: SUB -18002
50
Conclusion CPMC 17.67.070: Not applicable
PART 4
SUMMARY CONCLUSION
As evidenced in Planning Department Supplemental Findings, the proposed tentative plan application for
the Miller Subdivision is, as conditioned in the Staff Report dated August 7, 2018, in compliance with the
applicable criteria set forth in Title 16 and Title 17 of the Central Point Municipal Code.
Page 37 of 37 Findings & Conclusions of Law File No.: SUB -18002
51
AFFIDAVIT OF MAILING
State of Oregon
ss.
County of Jackson
Ex NZ lax'T ,X
I, Justin P. Gindlesperger, being first duly swom, depose and say that I am the
Community Planner II for the City of Central Point, a municipality in the State of
Oregon.
On the 13 t day of June, 2018, I caused a Notice of Public Ilearing for a 5 -lot
tentative subdivision plan on property located at 4618 & 4626 N. Pacific Highway,
identified on the Jackson County Assessor's Map as 37 2W 03 BD, Tax Lots 500 &600, a
copy of which is attached hereto to be placed in the United States Mail at Central Point,
Oregon, addressed to the persons whose addresses are attached hereto.
Subscribed and sworn to before me this J3 day of June, 2018.
KNOT� PtMLrAWQM
COMI►M8610h NO. 8610" NotaryPublic for Oregon � r }
WYCOi■Its3M1a M �1AN ", = My commission expires: (, - 2 I -2-"
52
CENTRAL
POINT
Cit} of Central Point
PLANNING DEPARTMENT
Tom Humphrey, AICP
Community Development Director
Notice of Public Nearing
Planning Commission
Meeting Dates: July 3, 2018
Time: 6:00 p.m.
Place: Central Point City Hall
140 S. 3rd Street
Central Point, Oregon
NATURE OF XEETI!Jg
Beginning at the above time and place, the Central Point Planning Commission will consider a
Subdivision Tentative Plan application for the development of a 5 -lot subdivision (File No. SUB -
18002) pursuant to § 16.10, Tentative Plans of the Central Point Municipal Code.
The project site is in the Low Mix Residential (LMR) zoning district in the Transit Oriented
Development (TOD) District and is identified on the Jackson County Assessor's map as 378 2W
038D, Tax Lots 500 8 600. Applicant: Paul Miller. Agent: Neathamer Surveying, Inc.
Pursuant to ORS 197.763 (3) (e), failure to raise an issue during this hearing, in person or in
writing, with sufficient specificity to afford the decision -makers and the parties an opportunity to
respond to the issue prior to the close of the final hearing means that an appeal based on that
issue cannot be raised at the State Land Use Board of Appeals.
RIT RIA FOR DECISION
Criteria for the subdivision tentative plan application are set forth in the CPMC 16.10, Tentative
Plans. The Central Point Municipal Code is available online at www.centraI2gintoMon.cov.
NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 213
REQUIRES THAT IF YOU RECEIVE THIS NOTICE IT MUST BE PROMPTLY FORWARDED
TO THE PURCHASER.
This notice is being mailed to property owners within a 250 foot radius of subject property.
PUBLIC COMMENTS
Any person Interested In commenting on the above-mentioned land use decision may
submit written comments up until the close of the Planning Commission meeting
scheduled for July 3, 2018.
140 S. Third Stree# ■ Central Point, OR 97502 ■ (5411664-3321 • Fax: (541) 664-6384
53
2. Written comments may be sent in advance of the meeting to Central Point City Hall, 140
South Third Street, Central Point, OR 97502 or by e-mail to
Tustin �]indlesoerosri�centre�loo�ntoreston.00v.
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 decision 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 applicants are available for public review at City
Hall located at 140 South Third Street, Central Point, Oregon. The City File Number is
SUB -18002. Copies of the same are available at a reasonable cost.
5. Project information is available on the City's website at:
htWllwww.centraloointoreoon.govlcdJoroiecl!miller-subdivision
6. For additional information, the public may contact Justin Gindlesperger at (541) 664-3321
Ext. 245 or Tustin-aindWDeWrJkonV&Wntoraaan.aov.
SUMMARY OF PRQCEQURIE
At the meeting, the Planning Commission will review the tentative plan application; hear
testimony from the applicants, proponents, opponents; and hear arguments on the application.
Any testimony or written comments must be related to the criteria set forth above. At the
conclusion of the review, [fie Planning Commission may approve, approve with conditions or
deny the application.
140 S. Third Street • Central Point. OR 97592 • (541) 664-3321 • Fax: (341) 664-6384
54
AFFIDAVIT OF ON SITE NOTICE
State of Oregon
ss.
County of Jackson
I, Justin P. Gindlesperger, being first duly sworn, depose and say that l am the
Community Planner CI for the City of Central Point, a municipality in the State of
Oregon.
On the 13th day of June, 2018, 1 caused a Notice of Application to be placed on
property located at 46118 & 4626 North Pacific Highway and identified on the Jackson
County Assessor's Map as 37 2W 03BD, Tax Lots 500 &600.
Subscribed and sworn to before me this _L5 day of June, 2018.
MW
NOTARY fC[MAMON NO. tb
ta4
MY COia U M E NU AW 21.30
41aAx,m -SL&z!
Notary Public for Oregon ..�� �11
Nly commission expires: ; 2— � r2.V
55
City of Cent_ra1 Point, Oregon
140 S 3rd Street, Central Point, OR 97502
541.664.3321 Fax 541.664.6384
www.centralpointoregon.gov
Meeting Date:
Time:
Place:
NATURE OF MEETING
Ak
CENTRAL
POf NT
NOTICE OF PUBLIC HEARING
July 3, 2018
6:00 p.m
Central Point City Hall
140 S. Third Street
Central Point, Oregon
Community Development
Tom Humphrey, AICP,
Community Development Director
Beginning at the above time and place, the Central Point Planning Commission will consider a
Subdivision Tentative Plan application for the development of a 5 -lot subdivision (File No. SIJB-
18002) pursuant to § 16. 10, Tentative Plans of the Central Point Municipal Code.
The project site is in the Low Mix Residential (LMR) zoning within the Transit Oriented
Development (TO D) District and is identified on the Jackson County Assessor's map as 375 2W
03RD, Tax Lots 500 & 607. Applicant: Paul Miller Agent: Neathamer Surveying, Inc..
Pursuant to QRS 197.763 (3) (e), failure to raise an issue during this hearing, in person or in
writing, with sufficient specificity to afford the decision -makers and the parries an opportunity to
respond to the issue will preclude an appeal, based on that issue.
PUBLIC COMMENTS
L Any person interested in commenting on the above-mentioned land use decision may
submit written comments up until the close of the meeting scheduled for Tuesday, July 3,
2018.
2. Written comments may be sent in advance of the meeting to Central Point City Hall, 140
South Third Street, Central Point, OR 97502 or by a -mail to Justin Gindlesperger
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 decision 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 applicants are available for public review at
City Hall, 140 South Third Street, Central Point, Oregon. The City File Number is:
SUB -18002. Copies of the same are available at 25 cents per page.
5. For additional information, the public may contact Justin Gindlesperger at 541423-1037
or by email at iWain Additional information is
also available online: hOR;I/www.ccntndpgintorcggn.ggv/�cftrQioct(m'llcr-subdivisio
56
FINDINGS OF FACT AND CONCLUSIONS OF LAW
BEFORE THE CITY OF CENTRAL POINT
PLANNING COMMISSION
IN THE MATTER OF AN APPLICATION
FOR THE TENTATIVE PLAT APPROVAL
FOR A SUBDIVISION BEING ANNEXED
INTO THE CITY OF CENTRAL, POINT.
APPLICANT: Paul Miller
888 Munras Ave. Suite 200
Monterey, CA 93940
AGENT: Neathamer Surveying, Inc.
P.O. Box 1584
Medford, OR 97501
A. BACKGROUND INFORMATION
The subject property contains 2.36 acres and is located at 4618 North Pacific
Highway (Jackson County Assessor's Map Number 37 2W 03BD, Tax Lot 600).
An annexation application was submitted and approved on June 14, 2018 by
Resolution No_ 1541 (File No. ANNEX -18001). The final appeal date for the
annexation is July 1, 2018. Once the annexation is finalized, the subject property
will have a city zoning designation of Low Mix Residential (L,MIR) in the
Transient Oriented Development (TOD) district.
The property currently contains an existing single-family residence and accessory
structures, all of which will be removed during the construction of the proposed
subdivision.
A pre -application conference was held on May 22, 2018 (File No. PRE -18007).
B. SCOPE, PURPOSE, AND OVERVIEW OF THE APPLICATION
The purpose of this application is for the approval of a Tentative Plat for a 5 -lot
residential subdivision consisting of detached, single-family dwelling units.
Included in the proposal is the widening of Cascade Drive, which will bring the
street to its full required right-of-way width of 60 feet.
It should be noted that only the westerly portion of the property is proposed to be
developed, the remainder of the property is proposed as reserve acreage
ATTACHMENT At it
57
C. CRITERIA AND FINDINGS OF FACT - TITLE 16 - SUBDIVISIONS
The following sections of Title 16 SUBDIVISIONS of the Central Point Municipal Code
(CPAiC) are found to be relevant to the subject application:
CPMC 16.10.010 Submission of Application — Filing fee.
The applicant shall submit an application and tentative plan together with improvement
plans and other supplementary material as may be required to indicate the development
plan and .shall submit ten copies to the city together with a f ling fee defined in the city's
adetpeed planning appliattion fee .schedule. The diagmams submitter! shall consist of three
copies at the scale specified in Section 16.10,020 and one copy in an eight -and --one-half
inch by eleven -inch format.
FINDINGS OF FACT
The tentative application, supporting information and application fee of 54,700 was
submitted to the City on May 1. 2018, The ttpplication was deemed comptete on Juni: 13,
2018 (File No. SUB -18002).
CPNIC 16.10.020 Scale.
The fentxitive plan shall be drawn on a sheet eighteen by twenty-four inches in sire Or a
multiple thereof at a scale of one inch equals one hundred feet or, for areas over one
hiendred acrer, one inch equals two hundred feet, and shall be clearly and legibly
reproduced.
FINDINGS OF FACT
The tentative plan was drafted on a 24" x 36" sheet at a scale of one -inch equals 40 feet,
which was determined to suitable for legibility and review purposes.
CPMC 16.10.030 General Information.
The following general information shall be .shown on or included with the tentative plan.
A. Proposed name of the subdivision. This name must not duplicate or resemble the name
of another subdivision in the county;
S. Date, northpoint, and scale of drawing,•
C. Location of the subdivision by section, township, and range, and a legal description
sufficient to define the location and boundaries oJ'the proposed tract or the tract
designation or other description according to the records of the county assessor;
D. Names and addresses of the owner or owners, applicant and engineer or surveyor;
E. A title report indicating all interests of record in the property which is the subject of
the application.
findings or Fact and Conclusions ol't_aw
Tentative Plat
Paul Miller, Applicant
58
FINDINGS OF FACT
The Applicant is in the process of selecting a proposed subdivision name. Once a name
has been selected, an application For a plat name will be submitted to the office of the
Jackson County Surveyor for review and approval.
The submitted plan complies with all the requirements of Sections 16.10.030 B -D of the
CPMC. Additionally, a title report, which included the legal description of the property
was submitted with the application.
CPMC 16.10.040 Existing Conditions.
The following existing conditions shall be shown on the tentative. plan
A. The lucattun, widths and names of all exi.N ting or platted streets or other public ways
within or adjacent to the tract, easements, railroad rights -of -war and such other
important features within or adjacent to the tract as may be required by the city;
B. Contour lines related to some established bench mark or other datum as approved by
the city when the city determines that the nature oj' the topography or size of the
.subdivision requires a-uch dela. Contour lines shall have the following mininulm
intervals.
1. Two foot contour intervals fpr ground slopes less than five percent,-
2. Five foot contour intervals for ground slopes exceeding five percent;
C. The location afar teaxt one temporary bench mark within the plat boundaries.
D. Location and direction of all watercourses and drainage systems;
E Natural features, such as rock outcroppings marshes and worded areas.
F. Existing uses of the property, including location of all existing structures which the
subdivider proposes to leave on the property after plaiting,
G. The location within the subdivision and in the adjoining streets and prvperty of
existing sovers and water mains, culverts and drain pipes, and all other existing ar
proposed utilities to be used on the property to be subdivided and invert elevations of
sewers at points ofprobable connections;
H Zoning on and adjacent to the tract_
FINDINGS OF FAC -7
The existing condition as stated in Sections 16.10.040 A -H of the CPMC are included on
the tentative plan.
Findings of Fact and Conclusions of Lave
Tentative Plat
Paul Miller, Applicant
59
CPNIC 16.10,050 Additional information.
The following additional information shall also be included on the tentative plan:
A. Streets, showing location, width, proposed names, approximate grades and
approximate radii of curves and the relationship of all streets to any projected streets as
shown of any development plan adopted by the city;
B. Easements, showing the width and purpose;
C. Lots, showing approximate dimensions, area of smallest lot or lots and utility
easements and building setback lines to be proposed, if any:
D. Sites, ifany, proposed for purposes other than dwellings;
E. Area in square footage of each lot and the average lot area.
FINDIMGS OF FACT
The additional information as stated in Sections 16.10.050 A-E of the CL'NC are
included on the tentative plan. However, finish grades have not been included on the
tentativ,c plan but will be designed and shown on the final constntction plaits to be
completed by a licensed engineer.
CPMC 16.10.060 Partial development.
When the property to be subdivided contains only part of the. tract owned or controlled by
the applicant. the city ntay require a development plan oj'a layout for streets, numbered
lots blocks, phases of development, and other improvements in the undivided portion,
indicating inter -relationship with the portion sought to be divided. The city shall have
aurhority to require that any adjacent parcel or parcels owned or controlled by the
applicant but not included in the proposed subdivision boundaries be included in the
development whenever inclusion of such parcel or parcels would be an appropriate
extension of the development and in the best interests of the public, considering the
development plan and the relationship between the surrounding area and the area of
proposed development.
FINDINGS OF FACT
A significant portion of the property is identified as Zone AE on FEMA's Flood
Insurance Rate Map (FIRM) Number 41029C1768F, with an effective date of May 3,
2011. While designing the proposed layout, it was decided to limit potential flooding
impacts to the development by placing the proposed lots outside of the Special Flood
Hazard Area (SFHA). As a result, the remainder of the property has been designated as
reserve acreage and no development is proposed in that area at this time.
Bmed on the discussions at the pre -conference meeting that was held on May 22, 2018, it
was determined that a master plan would not be required at this time. For additional
information, please refer to criteria and findings for Section 17.66.030 of the CPMC
hereinbelow,
Findings of Fact and COnCItlRlOn9 LAf Law
fenl'afivt: PIaL
Paul Miller, Applicant
60
Pagc 4 of 10
I
CPMC 16.20.010 Creation of streets.
A. Streets created by subdivisions and partitions shall be designed and constructed in
conformance with the requirements of the citv's comprehensive plan, this code, the city's
public works standards, and all conditions established by the city_
B. The construction of streets shall include subgrade, base, asphaltic concrete surfac►ng,
curbs, gutters, sidewalks, storm drainage, .street signs, street lighting, and underground
Utilities.
CPNIC 16.20.060 Existing streets.
Whenever existing streets within a tract erre determined by the city to be of inadequate
width, addedonal right-of-way shall be provided as required.
FINDINGS OF FACT
Northerly of the project is Cascade Drive, an existing street that was part of Cedar Park,
Phase 2. Currently, Cascade Drive does not meet its full right-of-way width requirements
as only a pcmion of the street was dedicated per said subdivision. Upon approval of the
proposed development, Cascade Drive will provide access to the proposed lots and obtain
its full width of 60 feet, which is to be dedicated by separate instrument prior to the
recording of the final plat.
It should be noted that a portion of the dedicated area for Cascade Drive includes a
portion of Tax Lot 400, which is not owned by the applicant. However, through
discussions with the City and our office, the owner has agreed to dedicate the subject area
for public right-of-way purposes.
The associated improvements to Cascade Drive will adhere to the city's standards as set
forth in Section 16.20 of the CPMC and will be designed in the final construction plans
for the project. For additional information, please refer to criteria and findings for
Section 17.67.0 50 of the CPMC hereinbelow.
No other streets are proposed at this time.
CPMC 16.16.010 Standards and procedures.
All improvements shall conform to the requirements of this title and other improvement
standards or specifications adopted by the city and conditions of tentative plan approval,
and shall be Installed in accordance with the following procedure.
Hndi«gs of Fact and Concluwom of Law
Cenlative Plat
Paul Miller, Aloplicant
61
Page 5 of 10
A. frnpr•ovement work shall not he commenced until consrruction plans have been
checked %or adequacy and approved by the city. To the extent nece.s.sar-v for evaluation of
the' neoposedsubdivi:sion, such plans may be required before approval gfrhefnadprat.
B I'mprovem:;nt work shall not be commenced until the city has been notified in advance,
and it wor;i has beton disc.onunued for any reason it shall not he resumed until tftc c:ity
has been notified,
C: fmprovements shall be constructed under the inspection and to the satisf cion gf'the
eirv- Tire ci_ry nsay rctqulre chances in ryplca,'sections and details rf unusual conditions
arise during -instruction to warrant such change in rhe public inierest.
D. Unciergrourcd utilities installed in streets ti;: the subdivider shall be constructed prior
to the surjacinlu of'such streets- Stubs far service connections for underground utilities
.shall he placed to such length as wii'i obviate tine necessity for disturbing the street
improvements r�herz service connections are made.
E. A map shoving public improvements as built shall be filed vvtth the city upon
completion ofsaid improvements,
FINDINGS OF FACT
Prior to any development; construction plans will be prepared by a licensed engineer and
submitted to the City for review and approval. Included in the plans will be designs for
underground utilities including water, stormwater and sanitary sewers. All underground
improvements will be installed prior to the surfacing of Cascade Drive. Furthermore. all
improvements wilt adhere to the standards and criteria and will be constructed in
accordance with Sections 16.16.010 A-E of the CPMC, -
Included in the proposed plans will be a stormwater management plan utilizing low
impacted development methods for stormwater quality. to be reviewed and approved by
Rogue Valley Sewer Services.
It should be noted that a proposed sanitary sewer service line and associated easement For
the Skyrman Central Point Arboretum is being included in the proposed development.
Said sewer line and easement is to be located easterly of proposed Lot 5.
D. CRITERIA AND FINDINGS OF FACT —TITLE 17 - ZONING
The Following sections of Title 17 ZONING of the Central Point Municipal Code
(CPMC) are Found to be relevant to the subject application;
CPNIC 17,65,040 Land use--TOD district.
Four special zone district categories are applied in the Central Point TIED districts- The
characteristics of these zoning districts are i•ummarized in subsections 4 through D of
this section.
Findings o' Fact and Cinciuis ns ul'l dux
fenta[ivc Plar
Paul Miller, Applicant
62
Pugs 6 oY I(1
14. Residential (TOD)
1. LMR --Low Mix Residential. This is the lowest density residential zone in the
district. Single-family detached residences are intended to be the primary housing
type; however, attached single family and lower density multifamily housing types
are also allowed and encouraged.
2. A&VfR--Medium Mix Residential. This medium density residential zone focuses on
higher density forms oj'residential living. The range of housing types includes higher
density single-family and a variety of multifamily residences Low impact commercial
activities may also be allowed.
3. HMR --Nigh Mix Resldentiul/C'ommercial This is the highest density residential
Lone intended to be near the center of the TOD district_ High density Ibrms of
►multifamily housing are encouraged along with conwlementary ground flour
commercial uses. Low impact commercial activities may also be allowed Low
density residential uses are not permitted.
(Note. Sections B -D were intentionally omitted =they were not relevant to the project)
FINDINGS OF FACT
Once the property is annexed in to the City, the property will have a zoning designation
of LMR (TOD). Pursuant to Section 17.65,040 (A)(1) of the CPMC, single-family,
detached residences are the primary housing type for this zoning. The proposed
deveIopmcat consists of five single-family, detached dwelling units, which is cor+sistent
with the permitted uses of the underlying zoning district.
CPIMC 17.65.050(E) Zoning regulations--TOD district.
E. Dimensional Standards. The dimensional standards for lot size, lot dimensions,
building setbacks, and building height are speeffted in Table 2.
Table 2
TOD District Zoning Standards for the LMR Zoning District
ar Standard IMIe- Dwelling Units
Deni Units Per Net Acre -- Minimum
12
DensitZ (Units Per Net Acre) -- Maximum
Minimum Lot or Land Area/Unit
_ 6
3, 000 SF
Average Minimum Lot or Land Area; Unit
Minimum Lot Width
4.500 SF
50'
:Lftnimum Lot Depth
50'
(Note: Table 2 has been reduced to include content relevant to the subject project.)
Findings of Fact and Conclusions of I aµ
'l catative Plat
Paul 4liller, ,applicant
63
Pagc7ol'10
FINDINGS OF FACT
The subject property contains a gross acreage of 2.36 acres. Of the total acreage, 0.14
acres will be dedicated for public right of right-of-way and 1.60 acres is being held For
reserve acreage Thus, the resultant net acreage equates to 0.62 acres, bringing the
minimum density to four dwelling units, and the maximum density to seven dwelling
units. The proposed development consists of five dwelling units, being within the
permitted density range for the LMR (TOD) zoning district.
As shown on the tentative plan, all of the proposed lots meet the minimum lot width of 50
feet, the minimum lot depth of 50 feet and the minimum lot area of 3,000 square feet.
CPMC 17.66.030(A)(3) ,4pplication and review,
3. Land Division. Partitions and subdivisions shall be reviewed as provided in Title 16,
Subdivisions. For a land division application involving two or more acres of land, a
master plan approval. as provided in this chapter, shall be approved prior to, or
concurrently with, a land division application.
FINDINGS OF FACT'
While the property contains a gross acreage over two acres, the area proposed for
development is well below the two -acre requiremeaL
Additionally, a master plan would require a flood impact analysis in order to demonstrate
the flood impacts and potential mitigation For development. Attempting to completc a
flood analysis at this time would pose particular difficulties as FEM2 A is undergoing
changes to their Letter of Iviap Revision (LOMR) processes to satisfy the requirements
resulting from the litigation between FEMA and the National Marine Fisheries Service
(NMFS).
Due to the size of the proposed development and the current ambiguity in the
requirements that would arise through the flood study, the master plan requirement is not
applicable at this time.
CPMC 17.66.050(C) Application approval criteria.
C. Land Division. I Band division application shall be approved when the approval
authority finds that the following criteria are satisfied or can be shown to be
inapplicable:
1. The provisions of Title 16, Subdivisions; and
2. The proposed land division complies with the approved TOD district or corridor
master plan fbr the property, if required; and
3 Chapter 17 67, Design Standards--TOD District and TOD Corridor
Findings of t=act and CuncIusiuns of I aw
I entabvc Plat
Paul S7illcr, Applicant
64
FINDINGS OF FACT
A review of the tentative plan demonstrates that the proposed development complies with
the applicable provisions contained in Title 16 and Section 17.67 of the CPIVIC. Specific
criteria regarding said Section 17.67 can be found hereinbelow. As previously mentioned,
a master plan is not applicable for the subject development.
CPMC 17.67.050(1)(5) Site design standards.
S. Street Trees, Street trees shall be required along both sides of all public streets with a
,spacing of twenty feet to forty /eel on center depending on the mature width of the tree
crown, and pfanted a minimum o/ two feet fi•otn the back of'curb. Trees in the right -of=
way or sidewalk easements shall be approved according to .size, quality, and tree well
design, !f applicable, and irrigation shall be required. Tree .species shall be chosen from
the cifIv of Central Point approved street tree list.
FINDINGS OF FACT
Street trees will be planted in accordance with Section 17.67.050(K)(5) of the C?MC. A
landscape plan will be submitted with the construction plans to demonstrate compliance
with the City's standards.
CPMC 17,67.060 Public parks and open space design standards,
A. General. Parks and open spaces shall be provided in the TOD districts and TOD
corridors and .shall be designed to acco►nnwdate a variety of activittes ranging from
active play to passive contemplation for all ages and acressihilim..
FINDINGS OF FACT
Near the westerly end of the proposed development includes open area that will provide a
recreational amenity to the nearby residences. Additionally, the Skyrtnan Central Point
Arboreatm is located southerly of the proposed development. A ED -foot surfaced
pedestrian access is to be constructed within the proposed sanitary sewer easement
located easterly of Lot 5, providing the residences in the area access to the existing park.
The proposed improvements to the open space and accessways will be demonstrated on
the future construction plans and will adhere to the applicable criteria of the CPMC,
including Section 17.67.
Findings or Fact and Conclusions of Law
Tentative Plat
Paul ;biller, Apphcani
65
Page 9 or 10
E. ULTIMATE CONCLUSION
The Planning Commission concludes that the subject application is consistent
with the relevant criteria for a land division found in Iritis 16 and 17 of the
Central point Municipal Code and can therefore be approved.
RmpectfWIy Submitted,
Neadsa w Surveying, Inc.
-,�, - 'i? / - ,
4r-1 41,f !eRff—
W athan Ru , FM
Dated: hma 22, 2018
F{ndfnpofPectdCon*m1mof m
TaInd r PW
NW 1A1* App
66
Pyo 10 of 10
CENTRA L
POINT
I
In exchange for the land that is currently owned by Shirley Malcom, that lies within the City
street known as Cascade Drive in the City of Central Point. The City is willing to pay for the
following -
Extension of a Sewer Lateral '.o 4632 North Pacific Highway and the initial System
r)c:velopment Charges - Estimated Value 55,000
2. Survey of 4632 North Pacific Higlnvay - Estimated Value of ,53.000
3 .+lanexation Fees -At your request the City will pay for the annexation of 4632 North
Pacific Highway -Cost of $3,500
4. fentative Plar Layuut Ebtemated value of 15,f100
5. Masler Plunnin- - Estimated value of $3.000
6. Upon Annexation, or upon owner request. City will tap line and set new service meter
for the current house located at 4632 North Pacific Highway. City will waive City
Systern Development Charge (50C), owner wd, have to ptty Medford Waiter
Commission SDC. - Estimated Value $4.500.
7. Cost; for rrnnsfer - City shall Pay for all casts ttssoctated with the transfer of the area
currently owned by Shirley dlalcom that is within Cascade Drive.
Signed this 25 day of ����I NIS
- Shirley Ann Malcolm
5hillvy .inn ak;olm,TTmstee
Malcom Family Trust
STATE OF OREGON )
) ss.
County of Jackson )
This Instrument we_s ftX]WwtttilAed before me on the day of 2018
by Shirt Ann on and Sltirl,y Ann Malcolm as Trustee of tate :ala ¢om-141mily Trust.
f
otur tOlie 5trttenfp t�
pFFIC1AL BrA#,IP
NICOLE E EE=
NOTARY PMIC-ORUGOH
commissioN No. 975074
YY CQU911 it0tl EVM 940 ie IM �
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ATTACHMENT t`.r1
67
Signed this Jay of 2018
Name: Wart
Title: . i �• �1 k�....1 L
City oiCentral Point
T6ISISIMllk7l[ mv, ukuuw1Wgcd Wore me on +hr 25 day of , J) x
by -- -1$ Glut YSDwdghr like City ey Con" poiDt.
"% piflta" $V"
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Page 2 of 2
68
Public Works Department CENTRAL
POINT
PUBLIC WORKS STAFF REPORT
JUNE 21, 2018
AGENDA ITEM: (File No: SUB -18002) _
37S 2W 03BD, Tax Lots 500 & 600 — 5 Lot Tentative Subdivision
Applicant: Paul Miller
Matt Samitore, Director
Traffic:
The applicant is proposing a 5 -unit single family subdivision. Per the ITE, single family dwellings generate
1.0 peak hour trips. A Traffic Impact Analysis (TIA) threshold is 25 PHT. A TIA is not required for this
development.
Existing Infrastructure:
Water: There is an 8 -inch line in Cascade Drive.
Streets: Cascade Drive is a partial constructed standard residential street.
Stormwater: There is a 12 -inch line in Cascade Drive
Background:
The proposed 5 -lot subdivision has frontage on Cascade drive and proposes finishing the construction of
Cascade Drive to a full Residential Street with parking on both sides of the street with landscape row and
sidewalk. Public Works Standard Drawing ST -15.
Issues:
There are three issues relative to this application as follows:
I. Cascade Drive. Currently, Cascade Drive is not fully improved to Standard Local Street width
standards and only the 2 inch base lift of asphalt was installed. A standard street requires 3 inches of
asphalt, which is placed in two separate lifts, or layers, with 2 inches of base asphalt and a final lift of l
inch Prior to Final Plat, the applicant shall install the necessary improvements along Cascade Drive,
including curb and gutter, all utilities and complete the final lift of asphalt over the entire street.
2. Park Utilities. Skynnan Park, located to the south of the project site, does not have sewer services
available to it. In order to redevelop a building and public restroom a sewer main needs extended. The
applicant has agreed to extend the sewer to the property line as part of their overall improvement plan.
The City's Park Department has agreed to pay for that extension. A formal agreement and
construction estimate needs approved before construction can start.
3. Park Access. The proposed development is adjacent to Skyrman Park, with the individual lots sharing
a property boundary with the park. Any future perimeter fencing along the park property shall restrict
access from the development and not provide direct access to the park property from the individual
lots. A single pedestrian path through the proposed development may be permitted.
140 South 3'd Street ■ Central Point, OR 97502 •541.664.3321 Fax 541.664.6384
ATTACHMENT a
69
4. Highway 99 Sidewalks — The section of Highway 99 along the frontage of the project site is the last
remaining section that does not have existing sidewalks or funding for sidewalk construction.
Frontage improvements along the frontage of the project site will tie into other planned improvements
and provide continuous sidewalks along the cast side of Highway 99 from Scenic Avenue to Pine
Street,
Conditions of Approval:
Prior to final plat approval. the applicant shall satisfy the following conditions of approval:
1. Highway 99 Improvements —The applicant shall prepare a sidewalk plan for installation and
construction of sidewalks along the right of way of Highway 99.
2. Cascade Drive -- The applicant shall complete Cascade Drive to Standard Local Street standards,
drawing ST- 15, prior to final plat. Additionally, the entire width of Cascade Drive will need the final
1" lift of asphalt to finish paving.
3. Skyanan Park Sewer Extension — A sewer main shall be extended to Skyrman Park along the east
property line of proposed Lot 5. The City's Park. Department will pay for that extension. A formal
agreement and construction estimate needs to be approved by both parties prior to construction
commencing,
4. Sky1man Park Access — The applicant shall prepare a pork access plan that depicts the location of a
single pedestrian access path through the proposed development into Skyrman Park. Access to the park
from the individual lots will not be permitted.
5. PW Standards and Specifications --- Applicant shall comply with the public works standards and
specifications for construction within the right of way.
70
40UNO
ROGUE VALLEY SEWER SERVICES
Location: 138 West Vilas Road, Central Point, OR -Mailing Address: P.O. Box 3130, Central Point, OR 7502-0005
Tel. (541) 664-6300, Fax (541) 664.7171 www.RVSS.us
May 8, 2018
Justin Gindlesperger
City of Central Point Planning Department
155 South Second Street
Central Point, Oregon 97502
Re: PRE 18007, SUB -18002, ANNEX -18001
4618 & 4626 N Pac Highway, Tax Lots 500 & 600, Map 37 2W 03B
The existing home on tax lot 600 is currently served by a 4 inch service connecrion to an 8 inch
sewer main along Cascade Drive. This service can be reused for lot 1 or 2 if Errand to be in good
working condition. If the existing service is not reused, it must be abandoned at the property line per
RVSS standards. Sewer service for the remainder of the lots can be had by tapping, the atain along
Cascade Drive.
The project is within the Phase 2 stormwater quality area and will require a stormwater management
plan in accordance with the Regional Stormwater Quality Design Manual.
If the proposed deveinpmcnr will disturb more than one acre an erosion and sediment control
permit (IPI]E"sS 1200 -CN) must be obtained from RVSS.
Rogue Valley Sewer Services requests that approval of this project be subject to the following
conditions:
Prior to the start of construction:
1. Applicant must provide construction plans prepared per RVSS standards for approval.
2. Sewer tap permits must be obtained from RVSS.
3. Applicant must prepare a stormwater management plan in accordance with the Regional
Stormwater Quality Design Manual.
4. Applicant must record an operations and maintenance agreement for all new stormwater
quality features.
During Construction:
1. Sewer facilities must be constructed and inspected per RVSS standards.
2. An abandonment permit must be obtained from RVSS prior to abandoning existing unused
services to the property.
3_ Applicant must sequence construction so that the permanent stormwater quality features are
installed and operational when stormwater runoff enters them.
K:\DATA\AGENCIESICENTPTIPLANNGV'A\20181PRE 18007 4618 & 4626 NORTtr PAC H WY_DOC
ATTACHMENT it of
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PLANNING COMMISSION RESOLUTIONO. S 4
A RESOLUTION OF THE PLANNING COMMISSION APPROVING A TENTATIVE PLAN
FOR A 5 LOT SUBDIVISION LOCATED AT 4618 NORTH PACIFIC HIGHWAY.
(37 2W 03BD Tax Lot 600)
File No: SUB -18002
Applicant: Paul Miller
WHEREAS, the applicant has submitted a tentative plan application to create a 5 lot subdivision
consisting of residential property identified on the Jackson County Assessor's map as 37S 2W 03131), Tax
Lot 600, Central Point, Oregon; and
WHEREAS, the project site is located in the Low Mix Residential (LMR) zoning district in the Transit
Oriented Development (TOD) District; and
WHEREAS, the application has been round to be consistent with the applicable approval criteria set forth
in Title 16, Subdivision& and Title 17, Zoning, and per conditions noted in the Staff Report dated June 26,
2018; and
WHEREAS, on July 3, 2018, at a duly noticed public hearing, the City of Central Point Planning
Commission considercd the Applicant's request for Tentative Plan approval for a five (5) lot subdivision
located at 4618 North Pacific Highway and continued the public hearing to August 7, 2018 to address
issues related to right-of-way and master plan requirements; and
WHEREAS, on August 7, 2018, the Planning Commission considered new evidence addressing right-of-
way vacation needed for Cascade: Drive improvements. cxp€.anation of master plan requirements and
reopened the public hearing to allow testimony on the application, including new evidence and
arguments.
NOW, THEREFORE, BE IT RESOLVED that the City of Central Point Planning Commission by
Resolution No. 854 hereby approves the Subdivision Tentative Plan for a five (5) lot subdivision on
property identified by the Jackson County Assessor's Map as 37S 2W 03BD Tax Lot 600. This decision
is based on the Staff Report dated August 7, 2018 including Attachments "A" through "G" attached
hereto by reference and incorporated herein.
PASSED by the Planning Commission and signed by me in authentication of its passage this 7th day of
August, 2018
Planning Commission Chair
ATTEST
City Representative
Planning Commission Resolution No. 854 (08%07/2018)
ATTACHMENT It
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