HomeMy WebLinkAboutPlanning Commission Packet - August 4, 2009CENTRAL
POINT
CITY OF CENTRAL POINT
PLANNING COMMISSION AGENDA
August 4, 2009 - 6:00 p.m.
Next Planning Commission
Resolution No. 768
I. MEETING CALLED TO ORDER
II. ROLL CALL
Connie Moczygemba, Chuck Piland, Pat Beck, Mike Oliver, Justin Hurley, Tim
Schmeusser and Keith Wangle
III. CORRESPONDENCE
IV. MINUTES -Review and approval of July 7, 2009 Planning Commission Minutes
V. SPECIAL PRESENTATION -Josh Moulin with the Central Point Police Department
will discuss City of Central Point a-mail addresses with commissioners
VI. PUBLIC APPEARANCES
VII. BUSINESS
Pgs. 1 - 5o A. File No. 09030. A public hearing to consider a Major Modification application for
Falcon Landing, formally White Hawk, Planned Unit Development tentatively
approved on July 5, 2005. The application is to review amendments to the approved
tentative plan. The subject property is located in the R-1-6 Residential Single-Family
zoning district and is identified on the Jackson County Assessor's map as 37S 2W
02, Tax Lots 2700 and 2701. The proposed project area is located north and east of
the intersection of Beebe Road and Gebhard Road. Applicant: Duncan
Development; Agent: Neathamer Surveying Inc.
Pgs. 51 - 52 B. File No. 09025(3). Urbanization Element
C. File No. 09025(2). Housing Element
VIII. DISCUSSION
IX. ADMINISTRATIVE REVIEWS
X. MISCELLANEOUS
XI. ADJOURNMENT
City of Central Point
Planning Commission Minutes
July 7, 2009
I. MEETING CALLED TO ORDER AT 6:00 P.M.
II. ROLL CALL
Commissioners Connie Moczygemba, Chuck Piland, Justin Hurley, Pat Beck,
Tim Schmeusser, and Keith Wangle were present. Mike Oliver was absent.
Also in attendance were: Matt Samitore, Interim Community Development
Director; Don Burt, Planning Manager; Dave Jacob, Community Planner; Connie
Clune, Community Planner; and Didi Thomas, Planning Secretary.
III. CORRESPONDENCE -There was one item of correspondence distributed with
regard to item A on the agenda.
IV. MINUTES
Justin Hurley made a motion to approve the minutes of the June 2, 2009
Planning Commission meeting. Chuck Piland seconded the motion. ROLL
CALL: Piland, yes; Hurley, yes; Beck, yes; Schmeusser, abstained; Wangle; yes.
Motion passed.
V. PUBLIC APPEARANCES
There were no public appearances.
VI. BUSINESS
A. File No. 09027. A public hearing to consider a Site Plan application for the
purpose of a two phase project within a C-5, Thoroughfare Commercial and
Transit Oriented Development (TOD) Corridor General Commercial zoning
district. Phase I is the construction of a 4,275 sq. ft. pharmacy; Phase II is a 7,127
sq. ft. commercial building. The project site is located at 880 Front Street and is
identified on the Jackson County Assessor's map as 37S 2W 11CB, Tax Lots 600
and 700. Applicant: Tyler Fitzsimons
There were no conflicts or ex parte communications to disclose. Justin Hurley and
Chuck Piland had made site visits.
Planning Commission Minutes
July 7, 2009
Page 2
Community Planner Connie Clune distributed a map showing the proposed location of
the second eastern cross-access easement to be furnished by Providence Medical Plaza to
Central Point Pharmacy and explaining that the construction of this cross-access
easement will cause Providence to lose approximately four parking spaces. Central Point
Pharmacy will provide the deficit parking spaces for Providence with the construction of
Phase 1 of the proposed development. Both the applicant and Providence have agreed to
these conditions of approval. Ms. Clune presented a staff report describing the proposed
project, access from Front Street, landscaping, and reviewed the conditions of approval
that will be imposed on the development. Matt Samitore, Interim Community
Development Director, stated that Public Works would not be requiring another traffic
study as one was previously completed for Providence with proposed construction of a
pharmacy on the property taken into consideration.
The public portion of the hearing was opened. The applicant, Tyler Fitzsimons, stated
from the audience that he had nothing further to add to Ms. Clune's excellent staff report.
Chuck Piland questioned the condition of approval regarding the requirement of an
avigation easement between the applicant and the Rogue Valley International-Medford
Airport. Ms. Clune responded that the proposed development was located within the
Airport Concern Boundary.
The public hearing was then closed.
Chuck Piland made a motion to approve Resolution 765 granting site plan
approval for the construction of an 11,400 square foot single-story building
to be developed in two phases; located at 880 Front Street (Jackson County
Assessor's map 37S 2W 11CB, Tax Lots 600 and 700). The property is
located in a C-5, Thoroughfare Commercial and Transit Oriented
Development (TOD) Corridor General Commercial zoning district.
Approval is granted based on the standards, findings, conclusions and
recommendations stated in the staff report. Pat Beck seconded the motion.
ROLL CALL: Piland, yes; Hurley, yes; Beck, yes; Schmeusser, yes; and Wangle;
yes. Motion passed.
B. File No. 09028. A public hearing to consider an application for a Conditional Use
Permit (CUP). The purpose for this CUP application is to occupy and operate a
pizza parlor within The Crossing at Center Point which is located within the
Transit Oriented District -High Mix Residential/Commercial zoning district.
The physical address is 312 Oak Street, Suite 102, and is identified on the Jackson
County Assessor's map as 37S 2W 11BB, Tax Lots 500, 600, and 700.
Applicant: Tom Malot Construction Company, Inc.
There were no conflicts or ex parte communications to disclose. Justin Hurley and
Chuck Piland had made site visits.
Planning Commission Minutes
July 7, 2009
Page 3
Dave Jacob, Community Planner, presented a revised staff report as it was discovered
that subsequent to the preparation of the original staff report in this matter that parking
spaces had been reduced from forty-four (44) to thirty-eight (38) to meet landscaping
requirements. With the addition of a restaurant, the parking space requirements increased
to forty (40) spaces. As there are only thirty-eight (38) spaces available, the applicant
will be required to enter into a shared parking agreement with the City of Central Point to
contribute toward development of the Oak Street parking lot for the creation of the
equivalent of two (2) parking spaces. Mr. Jacob added that the applicant is agreeable to
this condition. Mr. Jacob also provided information to the Commission on a parking
study of the area surrounding The Crossing at Center Point. After a review of the overall
parking supply and demand within the general project area, it was found that there is a
net surplus of approximately eighty-four (84) parking spaces overall. Each individual
block meets the requirements Central Point Municipal Code with the exception of the
block containing Hope Christian Church and Noah's Ark Early Learning Center which
are in deficit for off-street parking.
Commissioners and staff discussed the potential conflicts that might arise over the
parking issues with the change in use that would allow for the presence of a pizza parlor
with existing constraints on available parking and the fact that Central Point no longer
contracts for enforcement of parking violations.
The public portion of the hearing was opened and several people came forward to express
their views. Pastor Aaron Veach pointed out that the name of his church was Hope
Christian and not Grace Christian as described in the staff report. Pastor Veach was not
in favor of locating a pizza parlor in such close proximity to a day care as the hours of
operation will create congestion for the businesses in the area, traffic would create a
potential hazard for children being picked up at noon and that the safety and security of
the children and adults in the immediate area were an additional concern. He requested
that a decision be delayed or denied until the listed concerns could be addressed.
Amy Havice-Brown, the owner of Bobbin's Pizza, came forward and stated that she and
her husband intended to create a family restaurant with a sports motif so that families and
coaches had a place to go after school sporting events.
Paula Bright, an employee of Noah's Ark Day Care Center, shared Pastor Veach's
concerns about the feasibility of a loading zone for delivery and pick-up of day care
children and the close proximity of alcohol, gambling and increased traffic, both
vehicular and pedestrian.
Others came forward to support the presence of a pizza parlor, stating that it would bring
business and money into the community in a responsible manner, and give kids a place to
go to be together.
Tommy Malot stated that parking in the vicinity will be more than adequate when the
City gets a parking lot developed on the northwest corner of Third and Oak Streets.
Planning Commission Minutes
July 7, 2009
Page 4
The public hearing was closed. Commissioners generally agreed that the pizza parlor
would bring business into the community and that it should not be held hostage because
of an existing deficit of parking at the day care center across the street from the proposed
location.
Justin Hurley made a motion to approve Resolution 766 granting a
conditional use permit to Bobbin's Pizza for the operation of a pizza parlor
to be located within The Crossing at Center Point at 312 Oak Street in the
TOD-HMR zoning district, based on the standards, findings, conclusions and
recommendations stated in the revised staff report. Keith Wangle seconded
the motion. ROLL CALL: Piland, yes; Hurley, yes; Beck, yes; Schmeusser, yes;
and Wangle; yes. Motion passed.
Commissioners took a short break from 7:15 - 7:20 p.m.
When the meeting resumed, it was discovered that the revised staff report for the
foregoing public hearing had never been distributed to Commissioners. Although Dave
Jacob made his presentation based upon the contents of the revised staff report,
Commissioners had not seen it.
Following distribution, a motion was made by Justin Hurley and seconded by
Keith Wangle to rescind Resolution 766 and replace it with Resolution 767
reflecting the revised staff report. ROLL CALL: Piland, yes; Hurley, yes;
Beck, yes; Schmeusser, yes; and Wangle; yes. Motion passed.
C. File No. 09025(3). Urbanization Element
Planning Manager Don Burt reviewed the concept of urbanization with Commissioners.
The main thrust of the Urbanization Element is to identify anticipated population and the
land and policies necessary to accommodate growth.
Mr. Burt reviewed population forecasts and land use needs for residential, commercial,
industrial, parks and open space, and civic, as well as roads. Using 1980 ratios and
applying them to projected population, future land needs can be determined. A
comparison with land needs proposed in the Regional Plan are very close with the largest
changes taking place in the residential category.
Future discussion of this element will break down major categories even further.
D. File No. 09025(1). Economic Element
Community Planner Dave Jacob presented an overview of national, state and regional
trends affecting employment growth forecasts by industry. Mr. Jacob further described
forecasted total employment within the Central Point urban growth boundary between
2008 and 2030 utilizing data on current employment patterns provided by the State of
Planning Commission Minutes
July 7, 2009
Page S
Oregon Employment Department. A summary of commercial and industrial land need
findings was discussed as well.
Don Burt added that right now we are using the best information available and planning
needs to focus on achievement of the ultimate goals while remaining flexible in the
process.
E. File No. 09025(2). Housing Element
Planning Manager Don Burt stated that staff will address the Housing Element at the next
meeting.
VII. DISCUSSION
Interim Community Development Director Matt Samitore invited Commissioners to
participate in dinner and a joint meeting with the City Council to be held on Monday
evening, July 20, 2009 at 6 p.m.
Mr. Samitore advised that Sgt. Josh Moulin with the Central Point Technical Services
Bureau would attend the August Planning Commission meeting to discuss City e-mail
accounts with Commissioners.
VIII. ADMINISTRATIVE REVIEWS
IX. MISCELLANEOUS
X. ADJOURNMENT
Chuck Piland made a motion to adjourn the meeting. Pat Beck seconded the
motion. Meeting was adjourned at 8:30 p.m.
The foregoing minutes of the July 7, 2009 Planning Commission meeting were approved
by the Planning Commission at its meeting on the day of , 2009.
Planning Commission Chair
FALCON LANDING PUD
(FORMERLY WHITE HAWK)
MAJOR MODIFICATION TO APPROVED
PLAN
City of Central Point. Oregon
140 S 3rd Street, Central Point, OR 97502
541.664.3321 Fax 541.664.6384
www.central pointoregon.gov
AGENDA ITEM: File No. 09030
~n ~
CENTRAL Community Development
Tom Humphrey, AICP
POINT Community Development Director
STAFF REPORT
August 4, 2009
Consideration of a major modification to the approved preliminary development plan for Falcon
Landing, formerly White Hawk, Planned Unit Development (File No. 05011). The subject property
is located in the R-1-6 Residential Single-Family zoning district and is identified on the Jackson
County Assessor's map as 37S 2W 02, Tax Lots 2700 and 2701. The proposed project area, 718
Beebe Road, is located north and east of the intersection of Beebe Road and Gebhard Road.
(Applicant: Duncan Development; Agent: Neathamer Surveying Inc.
STAFF SOURCE:
Connie Clune,
BACKGROUND:
Falcon Landing was previously approved as White Hawk PUD on July 5, 2005 and modified in July
2007 (File 07119). The 2007 modification was necessary
to address contaminants discovered on the northeast corner
of the project site. "' ~ ~ "'
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The 18.53 acre project site was originally designed for 91
detached single family homes and .64 acres of open space
(Figure 3). The proposed modification provides for 75 lots
to be developed in six (6) phases, including the dedication
of a 4.25 acre public park (Figure 1).
The proposed changes to the tentatively approved PUD are
considered a Type III Major Modifications application per
Section 17.09 of the Central Point Municipal Code.
At this time, the applicant is requesting review of the
modifications to the original tentatively approved plan.
General Project Description: The modified project has
been reduced from the origina191 residential lots to 75
residential lots. The design provides for 621ots with
detached single-family dwellings and the thirteen (13)
corner lots designed for duplexes that are built to
townhouse standards, for a maximum of 88 dwelling units.
It is anticipated that the corner lots will be partitioned in
the future based on the floor plan applied to each corner
lot.
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\~; , ~• Landing Modified Plan
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The internal street system is designed to city standards, with
sidewalks and landscape strips. Beebe Road and Gebhard Road will
be improved to collector street standards.
The proposed modifications include:
• Elimination of the single .64 acre open space area of the
original plan and replace the RV parking (Figure 2) with a 4.25 acre
public park. A soil management plan prepared by Ash Creek
Associates, Inc. details the appropriate soil capping procedures
necessary for use of the site as a public park. Completion of the soil
cap and a No Further Action (NFA) letter issued by DEQ is required
prior to dedication as a park.
• The original western Gebhard Road access location is
relocated approximately 330 feet to the north along Gebhard Road
providing safe ingress and egress. Completion of the realigned
intersection of Beebe Road and Gebhard Road from its current
configuration to a "T" intersection will provide additional traffic
control measures.
• The street stub to the
north is designed to provide
access to tax lot 2800 (formerly
Gebhard Village PUD).
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• Elimination of the alley-loaded garages and the
pedestrian path at the intersection of Beebe Road and
Gebhard Road.
This proposed modified preliminary development plan, the
original preliminary development plan and the 2007 modified
plan are included as Attachments A, B and C for comparison.
Access: The project site has Beebe Road access to the south
and Gebhard Road provides the west access. The internal street
system will provide each lot paved road access and is designed
for neighborhood connectivity to the north and east. A private
drive provides access to lots 60 and 61.
Road Right-of--way and Improvements: Beebe and Gebhard ~ ~ ~~ `~ ° ` ~ - ~ i ~~ 1
Roads are currently Jackson County roads; however, the { ~! '~~'~'~+~te`H~~k p~n
jurisdictional transfer of sections of both roads is expected. A -_ ` - _- -- -- ----
Memorandum of Understanding (MOU) between the City of Central Point and Jackson County
regarding the transfer of jurisdiction of Beebe and Gebhard Roads adjacent to the project site will be
prepared and is a condition of approval (Public Works staff report, Attachment F). As designated
collector streets, three lane (77 ft.) collector street standards will apply to frontage improvements for
both roads. The full realignment of the Beebe/Gebhard intersection is also required for this project.
Page 2 of 5
2
Beebe Road is a designated collector street (City of Central Point TSP) requiring an
approximate additiona18.5 feet of dedication, and half-street plus ten (10) feet improvements.
Beebe Road -Gebhard Road intersection realignment engineering design will consider
approach calculations for the future Bear Creek bridge (Beebe Road extension). Right-of--way
dedication necessary for compliance with approved engineered plans is a condition of
approval for Phase II as illustrated on the tentative plan, sheet 1.
Gebhard Road is a designated collector street (City of Central Point TSP) requiring
approximately twenty (20) feet of additional dedication, and half-street plus ten (10) feet
improvements. The applicant is prepared to dedicate the .41 acre triangular parcel, tax lot
2701, as part of the Gebhard Road realignment.
Exceptions:
Planned Unit Developments are designed to offer flexibility to the development and subdivision
standards of the CPMC. The modification application is requesting the option of townhouse (duplex)
construction for the thirteen (13) corner lots. The application does not require any additional lot area
or setback exceptions beyond those previously approved.
Landscaping: The project includes landscape strips along all streets within the PUD, as well as
Gebhard and Beebe Roads. These strips are designed to accommodate the street tree plan. As part of
the Independent Cleanup Plan (ICP) care will be taken to assure that the planting areas within the
park are planted and maintained in accordance with DEQ requirements. These requirements are
detailed in the May 4, 2009 Soil Management Plan, prepared by Ash Creek Associates, Inc.
ISSUES:
1. CPMC provides that preliminary PUD Plan approval is six (6) months and one (1) year for
the tentative subdivision plant. Past actions of the City have allowed a one year preliminary
PUD approval, thus synchronizing the tentative approval for both the PUD and subdivision
plan. The Planning Commission may grant and by Resolution state a one (1) year approved
PUD plan to include the tentative subdivision plan.
2. CPMC states that when it is the applicant's intent to develop a project in phases, the City 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
having to resubmit the tentative plan. Phases platted will be reviewed to avoid conflicts with
changes in the code or comprehensive plan.
FINDINGS:
See attached Attachment "M"
'Section 17.68.060A
z Section 16.12.010
s Section 16.12.060
Page 3 of 5
CONDITIONS OF APPROVAL:
1. The Falcon Landing final plat phased submissions shall be in consecutive order as delineated
on the Falcon Landing Modified Planned Unit Development and tentative subdivision plan
map, Applicant Exhibit D, sheet 1 of 1 (Attachment D). Any change to the phase order shall
be subject to approval by the City.
2. Any request for the development option for a duplex, constructed to townhouse standards,
located on any of the thirteen corner lots shall conform to design standards that maintain a
single-family appearance and character by positioning on said corner lot to provide separate
street frontage and access for each dwelling unit as illustrated by Applicant Exhibit F,
architectural elevations.
3. Access for Lots 60 and 61 is via a twenty (20) foot private drive. The private drive shall be
developed to the Public Works Department Standard Specifications and Uniform Standard.
Prior to Phase 5 final plat approval the applicant shall prepare and record reciprocal cross-
access easements for each of the two (2) proposed lots and said easements shall be shown on
the final subdivision plat. The reciprocal cross-access easements shall be reviewed and
approved by the City prior to recordation with the Jackson County Clerk.
4. Prior to final development plan approval the applicant shall submit to the City revised
Covenants, Conditions and Restrictions demonstrating architectural control requirements.
The applicant shall comply with all requirements and conditions of the City Public Works
Department (Attachment F), Rogue Valley Sewer Services (Attachment G), Building
Department (Attachment H), and Fire District 3 (Attachment I).
6. Rogue Valley International-Medford Airport (Attachment J) requests an avigation, noise and
hazard easement for the project site as required by Jackson County LUDO Section 7.2(E).
Said easement shall be recorded and submitted with the final plat for each phase.
7. The proposed street names within Falcon Landing PUD shall be changed to comply with
Southern Oregon Regional Communications request dated July 15, 2009, Attachment K.
8. The applicant shall comply with all requirements and conditions as listed by Jackson County
Roads staff report dated July 27, 2009, Attachment L.
9. The Major Modification as shown on the preliminary development plan, applicant findings,
and revised Covenants, Conditions and Restrictions shall supersede those in File 05011.
ATTACHMENTS:
Attachment "A" -Falcon Land Modification Plan Map
Attachment "B" -Original White Hawk Tentative Plat Map
Attachment "C" - 2007 Major Modification Plan Map
Attachment "D" -Applicant Statement, Findings and Exhibits
Attachment "E" -Ash Creek Associates letter
Attachment "F" -Public Works Staff Report
Page 4 of 5
4
Attachment "G"- Rogue Valley Sewer Services
Attachment "H"- Building Department Staff Report
Attachment "I"- Fire District No.3 Comments
Attachment "J"- Rogue Valley International-Medford Airport
Attachment "K"- Southern Oregon Regional Communications and Agent Response
Attachment "L" -Jackson County Roads
Attachment "M" -Planning Department Findings
Attachment "N"- Resolution
ACTION:
Consideration of Resolution No. ,approving the Major Modifications application to Falcon
Landing Planned Unit Development.
RECOMMENDATION:
Approval of Resolution No. ,granting approval of the Major Modifications application to
Falcon landing Planned Unit Development.
Page 5 of 5
5
Attachment A
Falcon Landing PUD
Modified Plan
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Attachment B
Original White Hawk Plan
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Attachment C
2007 Modified Plan
With RV Parking
8
June 23, 2009
Connie Clune, Community Planner
City of Central Point Planning Dept.
140 South Third Street
Central Point, Oregon 97502
Re: Falcon Landing PUD
Application for Modification of Approval
Jackson County Assessors Map Number
381W 02, Taz Lots 2700 & 2701
Dear Connie:
On behalf of Duncan Development, LLC, hereinafter referred to as the Applicant, and as the
Registered Agent, it is the intent of this letter to submit application for Modification to an
existing approval for a Planned Unit Development within the referenced subject properties. Said
approvals occurred under the previous name White Hawk (City File Numbers 05011 and 07119).
Said property is located at 718 Beebe Road, with a current underlying residential zoning
designation of R-1-6. As provided in the submitted Findings of Fact, our office finds that the
subject properties meet the requirements pursuant to Sections 17.09 and 17.68 of City of Central
Point Municipal Code (CPMC). This property has been included in both the City of Central
Point's Urban Growth Boundary (L7GB) and City Limits.
Attached please find the following items, submitted as exhibits for your review and reference:
II. ADDITIONAL EXHIBITS PROVIDED
/ Exhibit B -City of Central Point PUD Application Form
/ Exhibit C -Agency Authorization Form
/ Exhibit D -Tentative Planned Unit Development (PUD) Plan
/ Exhibit E -Architectural Elevations, Standard Lots
/ Exhibit F -Architectural Elevations, Potential Pad Lots
/ Exhibit G -Landscape Plan
/ Exhibit H -Aerial Photograph of Subject Properties
/ Exhibit I -Legal Description of Subject Properties
/ Exhibit J -Mailing Labels (100' Perimeter) g
3134 State Street, Suite 110 P.O. Box 1584 Medford, OR 97501-0140
Bus:541-734-4869 Fax:541-734-1384
N~AT~IAM~R SURVEYING, INC.
~._~
BEFORE THE PLANNING COMMISSION
OF THE CITY OF CENTRAL POINT
JACKSON COUNTY, OREGON
IN THE MATTER OF AN APPLICATION FOR )
MODIFICATIONS TO AN APPROVED PLANNED )
UNIT DEVELOPMENT, IN THE R-1-6 ZONING )
DESIGNATION, ON TWO PARCELS TOTALING )
18.53 GROSS ACRES, LOCATED AT 718 BEEBE )
ROAD, WITHIN THE CITY OF CENTRAL POINT, )
JACKSON COUNTY, OREGON, ASSESSORS )
MAP NUMBER 37 2W 02, TAX LOTS 2700 & 2701 )
APPLICANT: DUNCAN DEVELOPMENT, LLC )
AGENT: NEATHAMER SURVEYING, INC. )
I. SCOPE OF APPLICATION
EXHIBIT "A"
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
The Applicant is requesting approval of proposed modifications to an existing approval for
White Hawk, a Planned Unit Development (PUD). The Applicant previously received an
approval fora 91-lot PUD for this development (File Number 05011), and received a
subsequent approval for modification to a 61-lot PUD (File Number 07119). In addition to a
reduction in the total number of proposed lots, the previous modifications pertained to
relocation of open space, addition of a private storage/parking/common area, elimination of
alley-loaded garages, and relocation of the ingress/egress point onto Gebhard Road.
With the passage of time and in light of the vast economic changes that have affected the local
development community, the Applicant now respectfully requests additional modifications to
the existing approval in order to develop the subject properties to traditional standards within
the R-1-6 zoning designation, with exception to requesting the potential ability in the future to
develop specific corner lots as duplex lots, and with construction done in up to 6 proposed
phases. This request also includes dedication of the proposed parking/common area as a
public park, and renaming of the development (to FALCON LANDING) and internal streets.
II. ADDITIONAL EXHIBITS PROVIDED
Exhibit B -City of Central Point PUD Application Form
Exhibit C -Agency Authorization Form
Exhibit D -Tentative Planned Unit Development (PUD) Plan
Exhibit E -Architectural Elevations, Standard Lots
Exhibit F -Architectural Elevations, Potential Pad Lots
Exhibit G -Landscape Plan
ExhibitH -Aerial Photograph of Subject Properties
Exhibit I -Legal Description of Subject Properties
Exhibit J -Mailing Labels (100' Perimeter)
10
III. FACTS RELEVANT TO THE SUBJECT PROPERTY AND PROPOSAL
In reaching approval of this request, the Planning Commission finds the following with
respect to the application:
Density -The R-1-6 Residential Single-family zoning designation has a density range of
4-6 dwelling units per acre. At 18.53 gross acres, the 74-lot PUD as proposed is within
the required density range for the underlying R-1-6 Residential Single-family zoning
designation.
Access - As shown in Exhibit "D", the Applicant is proposing 2 access points to serve
the 74 proposed lots, with an access point located along Beebe Road and along Gebhard
Road, respectively. As the Applicant is proposing to develop the subject properties in up
to 6 phases (as shown on said exhibit), a request is respectfully made to allow initial
construction and use of the proposed access point along Beebe Road for the proposed
Phases 1-4, with construction and use of the access point along Gebhard in conjunction
with the construction of Phases 5-6.
Street Improvements -The applicant is aware that the Public Works Department will
require 8.5 feet of dedication on Beebe Road, with the subject property's frontage along
Beebe Road improved to current City standards. The applicant is also aware that the
Jackson County Roads Department will require avariable-width dedication of right-of-
way on Gebhard Road, to be improved to County standards. All proposed streets within
the development will be designed to Standard Local Street standards with no exceptions.
Slopes -The subject property is located in a flat area of Northeast Central Point, with
average slopes of less than 5%.
IV. APPROVAL CRITERIA
The criteria for this request are found in Sections 17.09 and 17.68 of the City of Central
Point Municipal Code (CPMC), and apply to the subject properties as stated below:
Chapter 17.09 -MODIFICATIONS TO CONDITIONS OFAPPROVAL
17.09.100 Modifications-Purpose.
The purpose of this chapter is to provide an ejjicient process for mod~ing land use decisions and
approved development plans, in recognition of the cost and complexity of land development and the need to
conserve city resources.
17.09.300 Major modifications.
A. Major Modifrcation Defined. The community development director shall determine that a major
modification(s) is required if one or more of the changes listed below are proposed:
1. A change in land use;
2. An increase in density by more than ten percent, provided the resulting density does not
exceed that allowed by the land use district;
3. A change in setbacks or lot coverage by more than ten percent, provided the resulting setback
or lot coverage does not exceed that allowed by the land use district;
it
z
Chapter 17.68 -PLANNED UNIT DEVELOPMENT (PUD)
17.68.010 Purpose.
The purpose of planned unit development (PUD) is to gain more effective use of open space, realize
advantages of large-scale site planning, mixing of building types or land uses, improved aesthetics and
errvironmental preservation by allowing a variety of buildings, structures, open spaces, allowable heights
and setbacks of buildings and structures. A PUD should have a harmonious variety of uses, utilize the
economy of shared services and facilities, and reduce municipal costs of operating and maintaining
services while insuring substantial compliance with the district regulations and other provisions of this
code.
17.68.040 Criteria to grant or deny a PUD.
A PUD shall be permitted, altered or denied in accordance with the standards and procedures of this
chapter. In the case of a use existing prior to the effective date of the ordinance codified in this chapter,
and classified in this chapter as a PUD, a change in the use or in lot area, or an alteration of structure,
shall conform with the requirements for PUD use. To approve or decry a PUD, the planning commission
shall find whether or not the standards of this chapter, including the following criteria are either met, can
be met by observance of conditions, or are not applicable.
A. That the development of a harmonious, integrated plan justifies exceptions to the normal
requirements of this title;
B. The proposal will be consistent with the comprehensive plan, the objectives of the zoning ordinance
and other applicable policies of the city;
C. The location, size, design and operating characteristics of the PUD will have minimal adverse
impact on the livability, value or appropriate development of the surrounding area;
D. That the proponents of the PUD have demonstrated that they are financially able to carry out the
proposed project, that they intend to start construction within six months of the final approval of the project
and any necessary district changes, and intend to complete said construction within a reasonable time as
determined by the commission;
E. That traff c congestion will not likely be created by the proposed development or will be obviated by
demonstrable provisions in the plan for proper entrances, exits, internal traffic circulation and parking;
I. The PUD will be compatible with the surrounding area;
J. The PUD will reduce need for public facilities and services relative to other permitted uses for the
land.
V. FINDINGS AND CONCLUSIONS OF LAW
17.09.100 Modifications--Purpose.
The purpose of this chapter is to provide an efficient process for mod~ing land use decisions and
approved development plans, in recognition of the cost and complexity of land development and
the need to conserve city resources.
Modification Criterion 1
A. Major Modification Defined. The community development director shall determine that a
major modification(s) is required if one or more of the changes listed below are proposed:
1. A change in land use;
Finding -The proposed modifications to the existing PUD approval do not create a
change in land use. This modified plan provides a future community more in line with
the intent of the underlying R-1-6 zoning designation, without the previous approval's
requested exceptions and application of open space.
12
Conclusion -This development as proposed meets the requirements of Modification
Criterion 1.
Modification Criterion 2
2. An increase in density by more than ten percent, provided the resulting density does
not exceed that allowed by the land use district;
Finding -The previous modification approval for this development consisted of 61 lots.
As currently proposed, this development will consist of 74 single family lots, causing an
increase in density by approximately 14%. However, the proposed modifications to lot
configurations and layout are intended to be in harmony with the density requirements for
the underlying R-1-6 zoning designation, with the exception of the requested potential
option for pad lot development on certain corner lots (the utilization of which would be
market-driven).
Conclusion -The proposed development, as submitted, meets the requirements and spirit
of Modification Criterion 2.
Modification Criterion 3
3. A change in setbacks or lot coverage by more than ten percent, provided the resulting setback
or lot coverage does not exceed that allowed by the land use district;
Finding - As proposed, the dimensional standards for this modified plan reflect the
Applicant's intent to design a residential development that is consistent with the
underlying zoning designation, without the need for the previously requested exceptions
pertaining to setbacks.
Conclusion -The proposed as submitted is consistent with the requirements of
Modification Criterion 3.
17.68.010 Purpose.
The purpose of planned unit development (PUD) is to gain more effective use of open space, realize
advantages of large-scale site planning, mixing of building types or land uses, improved aesthetics and
environmental preservation by allowing a variety of buildings, structures, open spaces, allowable heights
and setbacks of buildings and structures. A PUD should have a harmonious variety of uses, utilize the
economy of shared services and facilities, and reduce municipal costs of operating and maintaining
services while insuring substantial compliance with the district regulations and other provisions of this
code.
Planned Unit Development Criterion 1
A. That the development of a harmonious, integrated plan justifies exceptions to the normal
requirements of this title;
Finding -The development as proposed meets all the requirements intent of the
underlying R-1-6 zoning designation, with exception to requesting the future option for
1~ 4
1
pad lot construction on corner lots within the development. The size, design, and
functional characteristics of this project will be compatible with nearby properties,
resulting in an infill development that suitably enhances the overall community.
Conclusion -This development as proposed is consistent with the intent of Planned Unit
Development Criterion 1.
Planned Unit Development Criterion 2
B. The proposal will be consistent with the comprehensive plan, the objectives of the zoning
ordinance and other applicable policies of the city;
Finding - As previously discussed, this parcel is part of a Master Plan that envisioned
residential development in line with the underlying R-1-6 residential zoning designation,
and this proposal reflects the Applicant's efforts to meet this vision.
Conclusion -The proposed development as submitted is consistent with the conditions
of Planned Unit Development Criterion 2.
Planned Unit Development Criterion 3
C. The location, size, design and operating characteristics of the PUD will have minimal adverse
impact on the livability, value or appropriate development of the surrounding area;
Finding -The subject properties for this development are among the few remaining large
undeveloped parcels within the City's Urban Growth Boundary (UGB), located within
the R-1-6 zoning designation. As demonstrated previously to an extent but also more
particularly through this modification request, the proposed development meets the
objectives of the underlying residential zoning designation, and enhances the value and
livability of the surrounding areas.
The addition within this proposal of such elements as dedication of the `reserve acreage'
open space for a future park, and use of an efficient internal street design to provide for
vehicle and pedestrian traffic flows in a safe and efficient manner, only furthers the
positive impacts to the surrounding areas. These elements are now proposed in a more
harmonious manner with respect to the intent of residential development in the area.
Conclusion - As proposed, this residential development is consistent with the essence of
Planned Unit Development Criterion 3.
Planned Unit Development Criterion 4
D. That the proponents of the PUD have demonstrated that they are financially able to carry out
the proposed project, that they intend to start construction within six months of the final approval
of the project and any necessary district changes, and intend to complete said construction within
a reasonable time as determined by the commission;
14
Finding - As also discussed previously, the Applicant (Duncan Development, LLC) has
had an established and respectable business within the community for a number of years,
with several developments of a similar nature constructed within the City during that
time.
While the Applicant fully intends to develop the project as efficiently as possible, with a
start date relative to the requirements of this approval criteria, the utilization of the
proposed phasing provides the ability to develop in relation to current market conditions.
Conclusion -The proposed development as submitted is consistent with the
requirements of Planned Unit Development Criterion 4.
Planned Unit Development Criterion 5
E. That traffic congestion will not likely be created by the proposed development or will be
obviated by demonstrable provisions in the plan for proper entrances, exits, internal traffic
circulation and parking;
Finding -The access points and internal vehicular/pedestrian circulation proposed for
this development were designed with respect to potential traffic congestion concerns, and
reflect the previously incorporated recommendations of the 2005 East Pine Corridor
Traffic Study. The proposed internal circulation and access points reflect the Applicant's
efforts to create a positive addition to the surrounding areas in a safe and efficient
manner.
Conclusion -The proposed layout design as submitted is consistent with the traffic
requirements of Planned Unit Development Criterion 5.
Planned Unit Development Criterion 6
I. The PUD will be compatible with the surrounding area;
Finding -This development as a whole has been designed pursuant to the City's
Comprehensive Plan and residential zoning designation, with the modifications currently
proposed further supporting this intent. The Applicant is requesting to modify the
previous approval in order to develop standard residential lots which meet the standards
of the underlying R-1-6 zoning designation, with exception to the requested potential
option for pad lot development on corner lots (the utilization of which would be market-
driven).
Conclusion -The development as proposed is consistent with the compatibility
requirements of Planned Unit Development Criterion 6.
Planned Unit Development Criterion 7
J. The PUD will reduce need for public facilities and services relative to other permitted uses for
the land.
15
~` r
r,..
Finding - As previously discussed, the proposed development will not create a greater or
more intense impact on public facilities or infrastructure than any other similar residential
development. As evident throughout the previous and current application processes, the
Applicant has spent considerable time, effort and costs to design a project that works well
with both the land and available public facilities.
Conclusion -This development is consistent with the requirements of Planned Unit
Development Criterion 7.
V. SUMMARY AND CONCLUSION
The Planning Commission concludes that the Applicant has shown compliance with
both the Modification and Planned Unit Development Criteria within Sections 17.09
of the 17.68 Code, respectively.
Respectfully submitted,
NEATHAMER SURVEYING, INC.
By:
Cory Ne amer, Project Manager
16
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JUl!27/2009/MON 10,24 JACKSON COUNTY RoaDS FAX No, 541 774 6295 P, 001
loads
~pgtpeering
~2usa Logue
=- ~ AC K S ON COUNTY Con.clrvctlon JIlcmagar
zoo Antebpe Roatl
White Ciry, OR 97609
Roads Piton®: (541) 774-626b
Fax: (541) 774.8296
bg uera®jackaoncoumy.org
www Jecksoncounry.org
July 27, 2009
~Tl'ACHMENT ". L ,"
Attention: Connie Clune
City of Central Point Planning
140 south Third Street
Central Point, OR 97502
RE: Modification of approved PUD off Beebe Road - acounty-maintained road.
Planning File: 09030; Falcon Landing, formerly White Hawk PUD.
Dear Connie:
Thank you for the opportunity to comment on this application for the modification of a
previously approved PUD (White Hawk) for the development of 75 lots located at 718 Beebe
Road. Jackson County Roads has the ~ollowing comments:
1. The applicant shall submit construction drawings tv Jackson County Roads and obtain
County permits if required.
2. The applicant shall obtain road approach permits from Roads for road approaches to
Beebe and Gebhard Roads. The paved approaches shall have 30' approach radii and
a 30' width. There shall be no direct driveway approaches off Beebe and Gebhard
Roads.
3. Jackson County Roads has concerns about the elements of the Beebe and Gebhard
Roads g®ometric design included with Phase 2. If the City of Central Point were to take
over the jurisdiction of these roads before Phase 2, then the County concerns would be
null.
4. Jackson County Roads has concerns about the sight distance for the road approach on
Beebe Road. Both Beebe Road and Gebhard Road have the Basic Speed Rule which
would require a minimum sight distance of 450'.
5. Jackson County Roads has cont;ems about the temporary intersection controls such as
inside radius dimension, no stop signs warranted, barricade and closure of route tv the
future bridge during the phased development of this project. Please submit plane for
approval prior to construction Phase 1.
B. We ~wlll concur with any right-of-way dedicate-
1:~Engineering\DevelopmenACITIES\CNTRLPT\Q9030.aoC _
dUI.!27/2009/MON 10:25 JACKSON COUNTY ROADS FAX No, 541 774 6295 P, 002
August 19, 2008
Page 2 of 2
7_ If county storm drainage facilities are to be utilized, the applicant's registered Engineer
shall provide a hydraulic report and plan for review and approval by Jackson County
Roads. Storm drainage runoff is limited to that area currently draining to the County
storm drainage system. Upon completion of the project the developer's Engineer shall
certify that the construction ofi the drainage system was constructed per the approved
plan. A copy of the certification shall be sent to Russ Logue at Jackson County Roads.
8. Gebhard Road has a load limit restriction; the applicant needs to indicate to the County
where the alternative construction access will be located.
If you have any questions or need further Information feel free to call me at 774-6230.
S
~^ ~
b
Con~'truction Mana®er
37
Attachment "M"
FINDINGS OF FACT
AND
CONCLUSIONS OF LAW
File No: 09030
INTRODUCTION
In the matter of a major modifications application for Falcon Landing, formally White
Hawk, Planned Unit Development. The application is to review amendments to the July 5,
2005, 91-lot approved tentative plan (File No. 05011) and to replace the subsequent
approved modification (File: 07119). Falcon Landing, Planned Unit Development is
designed with 75 lots and a 4.25 public park area. The modification proposes a six (6)
phases development plan. The project site is located in the R-1-6 Residential Single-Family
zoning district.
PART I Major Modification
CPMC 17.09.300 Major modifications.
A. Major Modification Defined. The community development director shall determine
that a major modification(s) is required if one or more of the changes listed below are
proposed.•
1. A change in land use;
Finding: None
2. An increase in density by more than ten percent, provided the resulting density
does not exceed that allowed by the land use district;
Finding: The original tentative plan comprised 91 lots (File 05011). The previous
modification approval (File 07119) consisted of 61 lots. This proposed modification design
provides 75 lots, a decrease in lot density from the original tentative plan; however, the plan
is a 19 percent increase in lot density from the prior modified plan (File 07119).
Finding: The proposed modification is requesting the option of townhouse (duplex)
construction on corner lots and the future division option of these units. The modification
provides thirteen (13) 7,000 square foot corner lots. Should each corner lot be developed to
townhouse (pad lot) standards, the total density of Falcon Landing would be 88 residential
lots. The maximum 6 unit density within the R-1-6 zoning district when applied to the
project site is 108 residential units; therefore the proposed modification does not exceed the
density of the zone district (Section 17.20.050).
3. A change in setbacks or lot coverage by more than ten percent, provided the
resulting setback or lot coverage does not exceed that allowed by the land use district;
Finding: The application does not require any additional lot area or setback exceptions
beyond those previously approved.
3 8 Page 1 of 11
4. A change in the type and/or location of accessways, drives or parking areas
affecting off-site traffic;
Finding: It has been determined that a change in the type and location of access ways,
drives or parking areas affecting off-site traffic as described in CPMC 17.09.300 (A)(4) was
submitted with this application as a modification. Falcon Hawk Lane is the project access
from Beebe Road and will provide the proposed park area with direct street frontage and
access. Falcon Landing Drive is designed to provide connection to the adjacent northern
property (tax lot 2800) and will facilitate neighborhood connectivity.
Finding: A private drive is designed to provide access for Lots 60 and 61 as illustrated by
Applicant Exhibit D, sheet 1. The private drive must be developed to the Public Works
Department Standard Specifications and Uniform Standard. As a Condition of approval, a
reciprocal cross-access easement between Lots 60 and 61 is required.
S. An increase in the floor area proposed for nonresidential use by more than fifteen
percent where previously specified;
Finding: It has been determined that the modified plan provides an open space for a future
City of Central Point park in the northeastern corner of the project site (see Applicant
Exhibit D, sheet 1). The 4.25 acre park area is an increase of the original 28,000 square feet
area of pocket parks. This redesign element is an increase in the floor area proposed for
nonresidential use by more than fifteen percent where previously specified as described in
CPMC 17.09.300 (A)(5).
Finding: It has been determined that this area has been converted to open space park to
facilitate appropriate environmental mitigation measures of the residual agricultural
contamination identified within the project site. Clean up of the arsenic necessitates soil
capping of the impacted area. The applicant is aware of the necessary measures as
evidenced by the Ash Creek Associates, Inc. letter dated July 20, 2009, Attachment E.
6. A reduction of more than ten percent of the area reserved for common open
space; or
Finding: The modified project has eliminated the single .64 acre open space area of the
original plan and replaced the RV parking of the 2007 modified design with the 4.25 acre
public park to be dedicated to the City of Central Point, Oregon.
7. Change to a condition of approval, or a change similar to subsections (A)(1)
through (6) of this section, that could have a detrimental impact on adjoining properties.
The city planning official shall have discretion in determining detrimental impacts
warranting a major modification.
Conclusion: It has been determined that a major modifications application is required since
one or more of the changes listed in CPMC 17.09.300 (A) are proposed.
3 9 Page 2 of 11
CPMC 17.09.300 B. Major Modification Applications; Approval Criteria. An
applicant may request a major modification using a Type 11 or Type III review procedure, as
follows:
1. Upon the community development director determining that the proposed
modification is a major modification, the applicant shall submit an application form, filing
fee and narrative, and a site plan using the same plan format as in the original approval.
The community development director may require other relevant information, as necessary,
to evaluate the request.
2. The application shall be subject to the same review procedure (Type II or III),
decision-making body, and approval criteria used for the initial project approval, except
that adding a conditional use to an approved project shall be reviewed using a Type III
procedure.
3. The scope of review shall be limited to the modification request. For example, a
request to modify a parking lot shall require site design review only for the proposed
parking lot and any changes to associated access, circulation, pathways, lighting, trees, and
landscaping. Notice shall be provided in accordance with the applicable notice
requirements for Type II or Type III procedures.
4. The decision-making body shall approve, deny, or approve with conditions an
application for major modification based on written findings on the criteria.
Finding: The applicant submitted an application for review by the Planning Commission as
a Type III major modification of the White Hawk Planned Unit Development in compliance
with section 17.09.300 (B).
Conclusion: The proposed modification complies.
PART II Planned Unit Development (PUD)
17.68.040 Criteria to grantor deny a PUD.
A PUD shall be permitted, altered or denied in accordance with the standards and
procedures of this chapter. In the case of a use existing prior to the effective date of the
ordinance codified in this chapter, and classified in this chapter as a PUD, a change in the
use or in lot area, or an alteration of structure, shall conform with the requirements for
PUD use. To approve or deny a PUD, the planning commission shall find whether or not
the standards of this chapter, including the following criteria are either met, can be met by
observance of conditions, or are not applicable.
(A). That the development of a harmonious, integrated plan justifies exceptions to the
normal requirements of this title;
Finding: The applicant proposes using development standards that have been successfully
implemented in other areas of the City, such as Twin Creeks. The subject site is one of a
few remaining large undeveloped parcels within the Urban Growth Boundary of Central
Point. Falcon Landing will occur in a more harmonious fashion since the project is in an
area that is currently underdeveloped.
Page 3 of 11
Finding: The proposed modification has altered the original design of the PUD to facilitate
environmental mitigation measures. The future City park area replaces residential lots and
the private pocket park designated on the original design. As noted above, the park area is a
mitigation measure that will act as a soil cap containing the contaminants that have been
found in this section of the project site. The applicant is working with Ash Creek Associates
who prepared the Soil Management Plan dated May 4, 2009. The soil plan is approved by
the DEQ for an Independent Cleanup Program (ICP) as evidenced by a letter from Ash
Creek Associates dated July 20, 2009 (Attachment E).
Finding: Each townhouse will maintain asingle-family appearance and character by
positioning on a corner lot which will provide separate street frontage and access as
illustrated by Applicant Exhibit F, architectural elevations.
Finding: The residential character of the Falcon Landing, PUD remains as evidenced by the
lot configuration, walkable street design and landscape plan (Applicant's Exhibits D, sheet
1, and Exhibit G).
Conclusion: The proposed modifications comply.
17.68.040(B). The proposal will be consistent with the comprehensive plan, the objectives
of the zoning ordinance and other applicable policies of the city;
Finding: The Comprehensive Plan recognizes the subject site as Single-Family Residential
R-1-6 and the project site is in the Single-family Residential R-1-6 zoning district. This is a
residential project designed for residential development. All other applicable ordinance
provisions are addressed by the applicant's application and supporting documentation.
Finding: Each townhouse shall be designed and constructed to meet or exceed required
standards as defined by Section R317.2 of the Oregon Residential Specialty Code (Applicant
Exhibit F, architectural elevations). It is anticipated that the corner lots will be partitioned in
the future based on the floor plan applied to each corner lot.
Conclusion: The proposed modifications comply.
17.68.040(C). The location, size, design and operating characteristics of the PUD will have
minimal adverse impact on the livability, value or appropriate development of the
surrounding area;
Finding: The project site is within the R-1-6 zoning district and is among the few remaining
large undeveloped parcels within the City limits and Urban Growth Boundary. The size,
location, design and operating characteristics of Falcon Landing will be compatible with
development in the surrounding area. Vehicular linkage with the surrounding streets and
adjacent parcels has been designed to facilitate traffic flows.
Conclusion: The proposed modifications comply.
17.68.040(D). That the proponents of the PUD have demonstrated that they are financially
able to carry out the proposed project, that they intend to start construction within six
41 Page 4 of 11
months of the frnal approval of the project and any necessary district changes, and intend to
complete said construction within a reasonable time as determined by the commission;
Finding: Duncan Development has been an active firm within the City of Central Point for
several years and has three completed or in-progress residential projects of similar size and
complexity.
Finding: The proposed phasing of development provides the applicant with the ability to
develop in relation to prevailing market conditions (Applicant Exhibit A, Findings, page 6).
Conclusion: The applicant and the proposed modifications comply.
17.68.040(E). That traffic congestion will not likely be created by the proposed
development or will be obviated by demonstrable provisions in the plan for proper
entrances, exits, internal traffic circulation and parking;
Finding: Based on the Institute of Transportation Engineers (ITE) Trip Generation manual,
an eighty-eight unit residential subdivision will generate approximately 88 peak hour trips
(PHT). The City of Central Point typically requires traffic studies for any development that
generates more than 25 PHT. However, the City's Transportation System Plan took into
consideration the development of the project area within the near future, and the impact of
that (and other area developments) on the local street systems performance.
Finding: The project's proposed improvement and alignment of Beebe Road and Gebhard
Road is consistent with the Transportation System Plan's (TSP) functional classification
(collector) and future extension of these two roads. Gebhard Road is planned to be extended
southerly to Pine Street, and Beebe Road is planned to be extended to the west across Bear
Creek to Peninger Road It is anticipated that by the Year 2010 a new traffic signal at the
intersection of Beebe Road and Gebhard Road may be warranted, and should be monitored.
Currently, conditions do not warrant signalization of this intersection. The signalization of
Beebe Road and Gebhard Road is identified in the TSP as a Tier 1 Project.
Finding: The proposed modification provides for the western Gebhard Road access location
to be relocated approximately 330 feet to the north along Gebhard. The proposed access is
further from the intersection of Beebe Road and Gebhard Road providing safe ingress and
egress. Completion of the intersection of Beebe Road and Gebhard Road from its current
configuration to a "T" intersection will provide addition traffic control measures.
Finding: Beebe Road and Gebhard Road are classified as collector streets in the 2008
Transportation System Plan (TSP) for the City. They are planned as collectors and are
designed to accommodate the anticipated traffic as residential development occurs.
Finding: Falcon Hawk Lane (formerly Kestrel Avenue) will intersect with Falcon View
Drive to provide public street frontage and access to the future park. Falcon Landing Street
stub will provide connection to the adjacent property to the north (Tax Lot 2800). The
modified plan eliminated the alleys of the original plan.
4 '~ Page 5 of 11
Finding: The modified proposal reduces the number of residential lots from 91 to 75 lots
with a maximum of 88 residential units, thus reducing the number of vehicular trips.
Conclusion: The proposed modifications comply.
17.68.040(F). That commercial development in a PUD is needed at the proposed location
to provide adequate commercial facilities of the type proposed;
Finding: No commercial development is proposed as an element of this PUD.
Conclusion: Criterion does not apply.
17.68.040(G). That proposed industrial development will be efficient and well organized
with adequate provisions for railroad and truck access and necessary storage;
Finding: No industrial development is proposed as an element of this PUD.
Conclusion: Criterion does not apply.
17.68.040(H). The PUD preserves natural features such as streams and shorelines, wooded
cover and rough terrain, if these are present;
Finding: No significant natural features are found on the subject site.
Conclusion: Criterion does not apply.
17.68.040(1). The PUD will be compatible with the surrounding area;
Finding: The subject site and surrounding area is recognized as residential in the
Comprehensive Plan and is zoned for residential development. The proposed modified plan
is similar in design to developments in the area, thus will be compatible to existing and
proposed projects in the area.
Conclusion: The proposed modifications comply
17.68.040(.)7. The PUD will reduce need for public facilities and services relative to other
permitted uses for the land.
Finding: The proposed modification will reduce the number of residential units from 91 to
a maximum of 88 units, thus reducing the expected impact on public infrastructure. The
applicant states that the development will be fully constructed with all necessary utilities and
facilities and will not have a greater impact on public facilities or infrastructure than similar
residential developments (Applicant Exhibit A, page 7).
Conclusion: The proposed modifications comply
17.68.050 Preliminary development plan.
4 ~ Page 6 of 11
A preliminary development plan shall contain a written statement and maps and other
information on the area surrounding the proposed development to show the relationship of
the planned unit development to adjacent uses, both existing and proposed. The plan shall
include the following:
A. A map to scale showing street systems, lot or partition lines and other allocations of land
for management or use;
Finding: The modification application contains a tentative subdivision plan (Applicant
Exhibit D, sheet 1 of 1) illustrating the layout of streets, lots, and park area. Amore detailed
drawing will be submitted for review by the Public Works Department for the final
development review.
Conclusion: The proposed modifications comply
B. Measurements of areas proposed to be conveyed, dedicated or reserved for public
streets, parks, parkways, parking, pedestrian ways, playgrounds, school sites, public
buildings and similar public and semipublic uses;
Finding: Applicant's Exhibit D, sheet 1 indicates those lands proposed for dedication for
public use. Dedication of road right of ways, the future park area and any other dedication
will be shown on a detailed survey map as required prior to final plat approval and the
applicant will provide the detailed map.
Finding: The City of Central Point is prepared to accept conveyance of the 4.25 acre park
area shown on the tentative plan map as evidenced by condition number 8 of Public Works
Department staff report dated July 21, 2009.
Conclusion: The proposed modification comply
C. A plot plan to scale for each building site and common open space area, showing the
approximate location of buildings, structures, landscaping and other improvements and
indicating the open spaces around buildings and structures;
Finding: Drawings submitted with this application include the modified tentative plan with
park area, landscape plan and proposed residential structural elevations.
Conclusion: The proposed modifications comply with Section 17.68.050(C).
D. Elevation and perspective drawings of proposed structures;
Finding: Elevations for the proposed residential structures have been submitted. Specific
structural plans will be reviewed prior to issuance of any building permit.
Conclusion: The proposed modifications comply
E A development schedule indicating.•
1. The approximate start date of construction,
2. The stages in which the project will be built and the approximate start date
44 Page7of11
of each stage,
3. The anticipated rate of development,
4. The approximate completion dates for each stage,
S. The area, location and degree of development of common open space that will
be provided at each stage;
Finding: The applicant states that it is intended that a start date is relative to the
requirements of this approval. The applicant is preparing to submit final PUD plan and the
final plat for Phase I of the project by 2010. The applicant has stated that each of the
remaining five (5) phases will be completed in relationship to market and economic
conditions (Applicant Exhibit A, page 6).
Finding: The applicant is working with Ash Creek Associates, Inc. to complete the
required soil management plan as construction of the phased development commences. The
soil management plan is to mitigate the identified contaminants found on the subject site as
evidenced by the Soil Management Plan dated May 4, 2009.
Conclusion: The proposed modifications comply
F. Agreements, provisions or covenants which govern the use, maintenance and continued
protection of the planned unit development and any of its common open space areas;
Finding: The major modification application supersedes the 2005 submission, File No.
05011. An updated copy of the CC&Rs will be submitted prior to final PUD plan review
with a recorded copy of the CC&Rs submitted prior to final plat review.
Conclusion: The proposed modifications comply
G. The following plans and diagrams either separately or contained on the figures
contained in subsections A through D of this section:
1. An off-street parking and loading plan,
2. A circulation diagram indicating proposed movement of vehicles, goods and
pedestrians within the planned unit development and to and from thoroughfares. Any
special engineering features and traffic regulation devices needed to facilitate or insure the
safety of this circulation pattern shall be shown,
3. A landscaping and tree plan,
4. An economic feasibility report or market analysis,
S. A solar orientation plan showing the general orientation of buildings and roof
slopes to each other, to streets, and to the landscaping and tree plan;
Finding: The proposed modification tentative plat plan illustrates a future dedicated public
park with direct street access.
Finding: The modification tentative plan shows all interior streets and their access points.
Sidewalks as well and landscape rows are included. Street trees are illustrated on the
landscape plan, Applicant Exhibit G.
45
Page 8 of 11
Finding: An economic feasibility or market analysis of the Central Point residential real
estate market was submitted with the original proposal, as Attachment F, pages 40-42 of
staff report dated July 5, 2005. The applicant recognizes the change in market conditions
and requests the approval of the six (6) phase development proposal.
Conclusion: The proposed modifications comply
H. Other pertinent information shall be included as the planning commission finds
necessary to determine any appropriate and desirable requirements that may differ from
those ordinarily applicable under this title.
Finding: The modified proposal eliminated the alley-loaded units and has provided a public
park area. Access for Lots 60 and 61 is via a private twenty (20) foot private drive. The
submitted tentative plan illustrates the six (6) phase development request, Applicant Exhibit
D.
Conclusion: The proposed modifications comply.
17.68.080 Exceptions to zoning and subdivision titles.
The planning commission may allow exceptions within a PUD for dimensions, site coverage,
yard spaces, structure heights, distances between structures, street widths or off-street
parking and loading facilities differing from the specific standards for the zoning district in
which the PUD is located. Exceptions shall be based upon the applicant's demonstration
that the objectives of the zoning and subdivision titles of this code will be achieved.
A. When the spacing between main buildings is less than the spacing which would be
required between buildings developed under this chapter on separate parcels outside a
PUD, other design features shall provide light, ventilation and other characteristics
equivalent to that obtained from the spacing standards.
Finding: The modification application proposes townhouse development on the thirteen
corner lots. Construction of these duplex units to townhouse standards provides the option
of future division of said corner lots. The requested townhouse development is similar to the
Transit Oriented District Low Mix Residential style of development. The application does
not require any additional lot area or setback exceptions beyond those previously approved.
In the following table, the standard development requirements for the R-1-6 zone district are
shown relative to the TOD, prior approved standards and proposed requirements submitted
for the modification to Falcon Landing.
Standard Standard TOD LMR 2005 Tentative Falcon Landing
R-1-6 Requirements Approved Modification
Re uirements White Hawk
Min. lot area- 5,000 sq ft 3,000-5,000 sq ft 3,480 to 11,300 sq ft 5000 sq ft
interior
Min. lot area- 7,000 sq ft 3,000-5,000 sq ft 4,588 to 8,280 7,000 sq ft
corner s uare ft
Min. lot width- 50 ft 50 ft 40 ft 50 ft
interior
Min. lot width- 60 ft 50 ft 41 ft 71 ft
corner
4 6 Page 9 of 11
Min. lot de th N/A 50 ft 87 feet 100 ft
Min. front yard 20 ft 10/15 ft 15 ft-house, 20 to 15 ft-house, 20 to
setback ara a ara e
Min. side yard 5ft* 5ft 5 ft regardless of 5 ft regardless of
setback-interior hei ht hei ht
Min. side yard 10 ft** 5/10 ft 9 ft, no garage 10 ft, no garage access
setback-street access /20 ft. ara a access
Min. rear yard 15 ft 15 ft 15 ft interior lot, 15 ft
setback Alley-load garage is No alley-load garage
3 feet
Maximum 35 ft 35 ft 35 ft 35 ft
hei ht
Finding: The modified proposal eliminates the alley-loaded units. Therefore, rear loading
garage setbacks are not needed.
Conclusion: The proposed modification comply
B. Buildings, off-street parking and loading facilities, open space, landscaping and
screening shall conform to the specific standards of the zoning district within frfty feet of the
boundary lines of the development.
Finding: The applicant states that the development will conform to the residential zoning
district. The modified plan provides a 4.25 acre public park area.
Conclusion: The proposed modifications comply.
C. The planning commission may approve building heights greater than those authorized by
the zoning district. The applicant shall demonstrate that.•
1. The subject building(s) will not be within one hundred feet of abutting residential
property;
2. The increase in height will reduce the prices of dwelling units offered for sale or
rent; and
3. That additional natural open space will be preserved or additional common
recreational areas will be provided.
Finding: The proposed maximum height of each dwelling unit is 35 feet as permitted in the
R-1-6 zoning district. No exception to height standards is requested with this application.
Conclusion: The proposed modification complies.
D. The building coverage for any PUD shall not exceed that which is permitted for other
construction in the zone.
Finding: Maximum lot coverage is 50% in the R-1-6 zoning district. The proposed
residential units can be designed to meet lot coverage standards of the R-1-6 zoning district.
Conclusion: The proposed modification complies.
4 ~ Page 10 of 11
E When a PUD design would require exceptions to the regulations of the subdivision title,
the planning commission may grant those conditions as part of the PUD. Tentative
approval of the preliminary development plan of a PUD shall also constitute tentative
approval of a tentative plan under Chapter 16.10 if the materials are presented in the
manner prescribed by subdivision title.
Finding: No exceptions to the subdivision title are proposed with application.
Conclusion: The proposed modification complies.
17.68.090 Accessory uses in a planned unit development.
In addition to the accessory uses typical of the primary uses authorized, accessory uses
approved as a part of a planned unit development may include the following uses:
A. Golf course;
B. Private park, lake or waterway;
C. Recreation area;
D. Recreation building, clubhouse or social hall;
E. Other accessory structures, which the planning commission finds, are designed to
serve primarily the residents of the PUD and are compatible with the design of the
planned unit development.
Finding: No accessory private uses are planned. The future park area is proposed as a
public park.
Conclusion: The proposed modification complies.
16.10.080 Tentative plan approval.
Approval of the tentative plan shall not constitute final acceptance of the final plat of the
proposed subdivision or partition for recording; however, approval of the tentative plan
shall be binding upon city for the purpose of the approval of the final plat if the final plat is
insubstantial compliance with the tentative plan and any conditions of approval thereof.
Finding: The modified tentative plan submitted, Applicant's Exhibit D, sheet 1, supersedes
the plan submitted as part of the PUD review, File No. 05011. The applicant will submit a
final plat for review and approval prior to the issuance of building permits or lot sales.
Finding: As a condition of tentative plan approval, the final plat must be substantially the
same as the tentative plan.
Conclusion: The proposed modification complies.
4 ~ Page 11 of 11
ATTACHMENT "~"
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION GRANTING APPROVAL OF A MAJOR MODIFICATIONS
APPLICATION TO FALCON LANDING, A RESIDENTIAL PLANNED UNIT
DEVELOPMENT
Applicant: Duncan Development; Agent: Neathamer Surveying Inc.
(37S 2W 02, Tax Lots 2700 and 2701)
File No. 09030
WHEREAS, the applicant submitted an application for Major Modifications for the
redesign of a residential planned development to be known as Falcon Landing, formerly
White Hawk (File No. 05011) within the R-1-6 Residential Single-Family zoning district.
The property consists of approximately 18.53 gross acreage and is identified on the
Jackson County Assessor's map as 37S 2W 02, Tax Lots 2700 and 2701, located at 718
Beebe Road, in the City of Central Point, Oregon; and
WHEREAS, on August 4, 2009, the Central Point Planning Commission conducted a
duly-noticed public hearing on the application, at which time it reviewed the City staff
reports and heard testimony and comments on the application; and
WHEREAS, the Planning Commission's consideration of the application is based on the
standards and criteria applicable to Major Modifications in accordance with Section
17.09.300, Planned Unit Development, Section 17.68, the R-1-6 Residential Single-
Family zoning district, Section 17.20 of the Central Point Municipal code; and
WHEREAS, after duly considering the Applicant's request, it is the Planning
Commission's determination that the application does comply with the applicable
standards and criteria, and is subject to compliance with conditions as set forth in the
Planning Department Staff Report (Exhibit "A") dated August 4, 2009;
NOW, THEREFORE, BE IT RESOLVED, that the City of Central Point Planning
Commission, by this Resolution No. does hereby approve the application based
on the findings and conditions of approval as set forth on Exhibit "A", the Staff Report
dated August 4, 2009, incorporated herein. Said approval for Falcon Landing PUD,
includes the tentative subdivision plan, both of which are valid for one (1) year.
49
Planning Commission Resolution No. (08042009)
PASSED by the Planning Commission and signed by me in authentication of its passage
this 4th day of August, 2009.
Planning Commission Chair
ATTEST:
City Representative
Approved by me this 4th day of August, 2009.
Planning Commission Chair
5U
Planning Commission Resolution No. (08042009)
URBANIZATION AND HOUSING
ELEMENTS
City of Central Point, Oregon
140 So.Third St., Central Point, Or 97502
541.664.3321 Fax 541.664.6384
www.ci.central-point.ocus
CENTRAL
POINT
To: Planning Commission
From: Don Burt, Planning Manager
Subject: Regional Plan, Urbanization and Housing Element
Date: August 4, 2009
Planning Department
Tom Humphrey,AICP,
Community Development Director/
Assistant City Administrator
At the last meeting the Urbanization Element was discussed. Staff has reviewed the
Planning Commission s comments is prepared to discuss findings at the meeting. Staff
will also distribute and discuss information on the Housing Element.
The following is a draft schedule of actions for the Regional Plan, which is subject to
change:
Mid Sept. -County Signs Participation Agreement. The County has already
published legal notice.
Late Sept. -City/County Agree on Hearing Schedule
Mid Oct. -State Agencies & LCDC Sign Participation Agreement, this is the final
action necessary to proceed with the formal consideration of the Regional Plan.
Early Nov. -First Regional Plan Public Hearing by County
Mid Nov. -Cities Start Hearing Process on consideration of Regional Plan
Attached is a letter from the City of Jacksonville regarding their position on the Regional
Plan process. As indicated in the letter the City of Jacksonville is acceptable to their
removal from the Regional plan, and they have no intention of appealing that action, or
the Regional plan.
51
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... .
>- .,~ -- h
OREGON
City of Jacksonville
110 E. Main Street, P. O. Box 7
Jacksonville, OR 97530
July 27, 2009
To the Jackson County Board of Commissioners,
This letter is to be entered into the record of your August hearing concerning whether or
not the County should sign onto the RPS Participants' Agreement.
The Jacksonville City Council wishes to clarify its intentions given the position expressed
in its Resolutions # 1011 and 1012 (as previously forwarded to the Region) and a number
of inquiries as to whether the City would appeal your action regarding the Participants'
Agreement and/or the RPS Plan itself.
As we understand it, the County will be considering the same Participants' Agreement
(PA) as all other jurisdictions have reviewed, which includes the City of Jacksonville as a
Participant. The draft plan that is referenced in the PA will also include the City of
Jacksonville due to the language in the PA that the Comp Plan process will be based on
the "attached draft plan" and all signatories must reference the same draft.
It is also our understanding that, once the PA is signed, however, the first change that will
be made is to substitute a draft plan that does not include Jacksonville.
Under that assumption, the City Council wishes to convey that it will not appeal either
the PA or the Regional Plan, provided that the County and the Region formalize their
previous actions and completely remove Jacksonville from the RPS Plan at the earliest
possible date.
We hope this statement of intent is helpful in your decision-making process.
Sincerely,
~~~~
Paul Wyntergreen
City Administrator
5 ;~