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HomeMy WebLinkAboutResolution 788 - North Valley Subdivision ModificationPLANNING COMMISSION RESOLUTION NO. -7 A RESOLUTION GRANTING APPROVAL OF AN EXTENSION AND MINOR MODIFICATION TO THE NORTH VILLAGE TENTATIVE PLAN PHASES 1 & 2 A RESIDENTIAL SUBDIVISION FILE NO. 05076 WHEREAS, Twin Creeks Development Company, LLC (Applicant) has submitted an application for an Extension of, and Minor Amendment to, the Tentative Plan for North Village, Phases 1 and 2, a residential subdivision identified on Jackson County Assessor's map as 37S 37 2W 0313, Tax Lots 1600, 1601, 1602, 1800 and 37 2W 03C Tax Lots 100 and 102, in the City of Central Point, Oregon; and WHEREAS, on September 6, 2005 (Planning Commission Resolution No. 667) a tentative plan was approved for North Village Phases 1 and 2 subject to conditions as set forth in the Staff Report dated September 6, 2005; and WHEREAS, the Applicant has submitted a timely request to extend the approved Tentative Plan for North Village, Phases 1 and 2; and WHEREAS, subsequent to approval of the Tentative Plan the City has adopted a new Flood Damage Prevention Ordinance (CPMC 8.24) the standards of which are now applicable to the North Village Tentative Plan; and WHEREAS, Section 16.10.100 allows for the re- review of a tentative plan per Section 17.09.300 when there have been changes in the code or comprehensive plan that apply to the tentative plan; and WHEREAS, on May 16, 2012 the Community Development Director notified the Applicant that any extension of the Tentative Plan would be subject to a Modification per Section 17.09.300; and WHEREAS, on August 7, 2012, at a duly noticed public hearing, the City of Central Point Planning Commission re- reviewed, as a Type III application, an Extension and Minor Modification to the North Village Tentative Plan as provided for in Section 16.10.100 and 17.09.300; and WHEREAS, after duly considering the Applicants' request, it is the Planning Commission's determination that the application, as conditioned in the Revised Staff Report dated August 7, 2012 (Exhibit "A "), complies with the applicable standards and criteria; NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission for the City of Central Point, Oregon, by this Resolution No. does hereby approve the request for a Minor Modification for the North Village Tentative Plan based on the findings and conditions of approval as set forth the Planning Department Revised Staff Report dated August 7, 2012 including Attachments "A" through "C "; and BE IT FURTHER RESOLVED, that the Planning Commission for the City of Central Point, Oregon, hereby approves the Extension of the North Village Tentative plan and resets the approval date of the modified North Village Tentative Plan to August 7, 2012, with an expiration date of August 7, 2013. PASSED by the Planning Commission and signed by me in authentication of its passage this 7th day of August, 2012. Planning Commission Chair ATTEST: City Representative Approved by me this 7 "' day of August 2012 -r "4ee4a Q Planning Commission Chair Planning Commission Resolution No. $ U (08/07/2012) City_ of Central Point, Oregon 140 S 3rd Street, Central Point, OR 97502 541.664.3321 Fax 541.664.6384 www.centralpointoregon.gov CENTRAL POINT �x 'gun REVISED STAFF REPORT August 7, 2012 AGENDA ITEM: File No. 05076 Community Development Tom Humphrey, AICP Community Development Director Consideration of a Minor Modification to the Tentative Map for the North Village Phases 1 and 2, Twin Creeks TOD. The project site is located in the TOD -LMR, Low Mix Residential and TOD -OS, Open Space zoning districts and is identified on the Jackson County Assessor's map as 37 2W 03B, Tax Lots 1600, 1601,1602, 1800 and 37 2W 03C Tax Lots 100 and 102, Central Point, OR 97502. Applicant: Twin Creeks Development Co., LLC STAFF SOURCE: Don Burt, AICP, EDFP Planning Manager BACKGROUND: A tentative plan for North Village, Phases 1 and 2 was originally approved on September 6, 2005 as part of the Twin Creeks Master Plan (Resolution No. 667). The tentative plan was scheduled to expire on September 6, 2010. On August 20, 2010 the applicant submitted a written request to extend the North Village Phase 1 & 2 tentative plan. The August 20t" extension request was granted, extending the tentative plan expiration date to September 6, 2011. On August 20, 2011 the applicant submitted another timely request for extension. Because of the pending changes in the City's Flood Hazard Area boundaries the applicant was notified on May 16, 2012 that the extension request was pending subject to approval of a Minor Modification to the Tentative Plan addressing: 1. Changes in phasing. Phase 1 has been slightly modified and Phase 2 has been divided into two phases, Phase 2 (50 Lots) and Phase 3 (25 Lots). Figures 1 and 2 illustrate the original tentative plan and the proposed modified tentative plan. 2. Compliance with Section 8.24, Flood Damage Prevention Ordinance. Section 16.10.100 requires all requests for land use application extensions to demonstrate compliance with any changes in the City's development codes since prior approval. In the case of the North Village tentative plan the only changes were to the City's Flood Damage Prevention Ordinance (CPMC 8.24). The original tentative plan was approved based on earlier flood hazard maps. Figure 1 illustrates the Project site Special Flood Hazard Area (SFHA) overlay in existence prior to 2011. Figure 2 illustrates the Project site's relationship to the new SFHA. As illustrated in Figure 2 the changes are significant, with most of the North Village tentative plan now subject to CPMC 8.24. Review of this request for a Minor Modification is limited to CPMC 8.24. Because of the flood hazard implication of the proposed modification it was determined that the application should be reviewed by the Planning Commission. The applicant has stated in their findings that all requirements as outlined under CPMC 17.09.400, Minor Modifications, and CPMC 8.24 have been met. (Attachment `A') ISSUES: There are two issues relative to this application: 1. CPMC 8.24, Flood Damage Prevention Ordinance. CPMC 8.24 modified the flood hazard area to now include most of the Project area (Figure 2). Table 1 identifies the number of lots now impacted by the new Special Flood Hazard Area (SFHA). Previously, none of the lots were impacted. Table 1. North Village Special Flood Hazard Impacts, Proposed Modification Phase Lots in Lots in Lots Outside Total Lots SFHA Flood of SFHA I 42 Way 38 0 80 II 37 0 13 50 11I 25 0 0 25 Total Lots 104 38 13 155 % 67% 24% 8% 100% 2. Section 8.24 was also amended to include new development standards. Consequently, it is now necessary that the applicant demonstrate compliance with the standards for the development of lands within a SFHA. The most significant condition of the new regulations is the requirement for all subdivision proposals within a SFHA to obtain a FEMA Conditional Letter of Map Revision ( CLOMR). This process can easily require six months to a year to complete, but is not necessary if the applicant can demonstrate that the proposed subdivision will not increase the Base Flood Elevation (BFE), or alter the Floodway or the SFHA boundaries. As a result the City is proposing an amendment removing the mandatory requirement, allowing applicants to demonstrate compliance with Chapter 8.24. Per the pending amendment if the applicant can demonstrate that the project does not impact the BFE, SFHA, or Floodway a CLOMR is not required. The recommended Conditions of Approval, pending amendment of Chapter 8.24, include language requiring the Applicant to submit supplemental engineered analysis for the City's review and approval prior to final plat approval. If the Applicant is unable to prove compliance with Chapter 8.24 the final plat will not be approved for Phases 2 and 3. Phase 1, as recommended, is subject to submittal of a CLOMR demonstrating no adverse impact to the SFHA boundary, BFE, or Floodway Boundary, and approval of a Flood Development Permit by the City prior to final plat approval. 3. Traffic, Hwy. 99 /Railroad Crossing. When originally approved Twin Creeks TOD was responsible for the construction of the Twin Creeks Railroad Crossing improvements. The timing of the railroad crossing was based on the amount of traffic generated by each phase of development. Based on the amount of development Page 2 of 6 approved to date', Twin Creeks TOD has sufficient traffic capacity to accommodate an estimated additional 180 single - family dwellings, or 50,000 sq. ft. of commercial floor areal before having to complete the railroad crossing. Based on past development the absorption rate for the available development could range from 2 — 10 years or more, depending on the economy. CONDITIONS OF APPROVAL: 1. All conditions as originally approved in Resolution No. 667 remain in effect. 2. Prior to final plat approval for Phase 1 the applicant shall: a. Complete the necessary analysis for submittal of a CLOMR demonstrating to the City that improvements to Phase 1 will not have an adverse impact on the SFHA Boundary, BFE, or Floodway Boundary; and b. Submit the CLOMR request to FEMA for review and acceptance, and provide a copy of the completed CLOMR to the City; and c. Obtain a Floodplain Development Permit from the Public Works Department; authorizing development activity in the SFHA; and, d. Construct flood mitigation improvements, including: identified adverse impacts to the SFHA boundary, BFEs and floodway boundary; and, e. Obtain a Letter of Map Revision (LOMR) within 6 months of completion of all flood mitigation improvements. 3. Prior to final plat approval for Phase 2 or Phase 3 the applicant shall obtain a floodplain development approval that requires the applicant to either: a. Obtain a FEMA CLOMR, or pending amendment of CPMC 8.24; b. Demonstrate that the existing and anticipated future development will not adversely affect existing or anticipated future development, and will therefore not require a CLOMR. This shall be accomplished by: i. Providing a floodplain encroachment analysis certified by a registered professional engineer that identifies the cumulative impacts of the proposed subdivision, including fill and new development (finished pad elevations, utilities, streets, etc.) on the SFHA boundaries, BFE, and regulatory floodway; ii. At time of submittal of the floodplain encroachment analysis evidence shall be provided demonstrating consistency of the floodplain 1 Includes both Phases 2 and 3 of the North Village Tentative Plan. Does not include Phase 1. 2 Actual square footage varies depending on type of commercial use. Page 3 of 6 encroachment analysis findings for Phases 2 and 3 with the Twin Creeks Crossing and Floodway Mitigation CLOMR, if the analyses are different; iii. Submittal of an engineered grading plan; and iv. Demonstrating that all applicable federal and state permits have been obtained, including but not limited to Section 404 of the Federal Water Pollution Control Act, the Endangered Species Act and Oregon Division of State Lands regulations. For conditions 2, 3(a) or 3(b), the applicant shall be responsible for paying all costs incurred by the City to complete the review. Costs of review shall be paid prior to final plat approval. ATTACHMENTS: Attachment "A" — Applicant's Findings Attachment "B" — Planning Department Supplemental Findings of Fact Attachment "C" — Letter Regarding Tentative Plan Extension Attachment "D" — Resolution ACTION: Consideration of Resolution No. xxx, North Village Tentative Plan as modified. RECOMMENDATION: Approve Resolution No. xxx. Page 4 of 6 Legend 1982 Flood Hazard 100 -Year 1982 FIRM Source Info: FEMA FIRM 4100920001C, effective Apr.l 1, 1982, 8, 4155890402B, revised January 19, 1982. Expired May 3, 2011 North Village Phase Development Twin Creeks 1982 Flood Hazard Page 5 of 6 I I 0 SCENIC AVE - - I T . s� 'APPLEWOOb -, i DR - -- - 00 L (D F . U i Ph.l�r ORTH DR 1AARIANAVE ; t APPLEALLEY _ ODKHAVEN OR BR- ;.. North"lfillage y _. Z .' UPUR�ALLEY a W —.. . - CASCADE: DR - Ph. 11 - 39 ,P E a JS P T p,, Legend 1982 Flood Hazard 100 -Year 1982 FIRM Source Info: FEMA FIRM 4100920001C, effective Apr.l 1, 1982, 8, 4155890402B, revised January 19, 1982. Expired May 3, 2011 North Village Phase Development Twin Creeks 1982 Flood Hazard Page 5 of 6 Legend DIRM 2011 Flood Hazard Floodway FEMA FIRM 41029C 1768F, Community No 410092 Effective May 3, 2011 North Village Phase Development Twin Creeks Flood Hazard Page 6 of 6 ATTACHMENT" A " FARBER SURVEY 1 N G • FARBER & SONS, INC. • POST OFFICE BOX 5256 • CENTRAL POINT, OR 97502, • OFFICE • 431 OAK STREET • CENTRAL POINT • June 4, 2012 Community Development Department City of Central Point 140 South Third Street Central Point, OR 97502 Re; Application for minor modification of The North Village Phase I and II, City File No. 5076. 17.09.400 Minor modifications. A. Minor Modification. Any modification to a land use decision or approved development plan that is not within the description of a major modification as provided in Section 17.09.300(A). B. Minor Modification Review Procedure. An application for approval of a minor modification shall be reviewed by the planning official using a Type I or a Type II review procedure under Section 17.05.200 or 17.05.300. The community development director is responsible for determining the appropriate review procedure based on the following criteria: 1. Minor modifications that involve only clear and objective code standards may be reviewed using a Type I procedure; 2. Minor modifications that involve one or more discretionary standards shall be reviewed through Type II procedure; and 3. When the code is unclear on whether the application should be a Type I or Type II review, a Type II procedure shall be used. C. Minor Modification Applications. An application for minor modification shall include 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. FINDING: THIS APPLICATION IS TO ADD A PHASE III TO THE APPROVED 2005 PLAN WHICH HAD TWO PHASES. THERE IS A NEED FOR MORE STANDARD SIZED HOME SITE LOTS IN THE TWIN CREEKS DEVELOPMENT AND WITH THE CURRENT ECONOMIC CLIMATE IT IS NECESSARY TO BUILD A SMALLER PHASE THAN WHAT WAS ORIGINALLY PLANNED. THE PLAN DOES NOT CHANGE THE DENSITY OF THE LOTS AS WE ARE DRAWING A NEW LINE FOR THE ADDED PHASE WITHIN THE NORTH VILLAGE PLAN. APPLICABLE EXTENSIONS OF TIME SINCE THE ORIGINAL APPROVAL HAVE BEEN OBTAINED. • HERBERT A. FARBER PRESIDENT / SURVEYOR • SUSAN M. FARBER BUSINESS MANAGER* PHONE: 549- 664 -5599 • FAX: 541 -664 -5603 Page I of 5 D. Minor Modification Approval Criteria. The community development director shall approve, deny, or approve with conditions an application for minor modification based on written findings that the modification is in compliance with all applicable requirements of the development code and conditions of approval on the original decision, and the modification is not a major modification as described in Section 17.09.300(A). (Ord. 1874 §2(part), 2006). FINDING: THIS IS A MINOR CHANGE BECAUSE THERE IS NO CHANGE TO LOT LAYOUT, STREET LOCATIONS AND THEREFORE TO THE DENSITY AND OTHER CRITICAL DESIGN FACTORS APPROVED IN 2005. PHASE I CONSTRUCTION HAD BEGUN PRIOR TO THE ECONOMIC DECLINE. AN EFFORT WAS MADE TO CAPITALIZE ON UTILITIES THAT HAVE BEEN INSTALLED AND BY HAVING LOTS ON BOTH SIDES OF THE STREETS TO BE CONSTRUCTED IN PHASE III TO PAY FOR THE STREET CONSTRUCTION. THIS PLAN ALLOWS FOR ADEQUATE TRAFFIC CIRCULATION IN THIS ADDITION. THE LOCATION OF PHASE III IN THE NORTH VILLAGE IS NOT WITHIN THE REGULATORY FLOODWAY WHICH IS DISCUSSED FURTHER BELOW. PHASE III WOULD BE CONSTRUCTED IN FULL COMPLIANCE WITH FEMA REGULATIONS. Chapter 8.24 FLOOD DAMAGE PREVENTION Sections: 8.24.010 THROUGH 8.24.160 Finding: THESE ARE ADMINISTRATIVE OR DO NOT APPLY TO THIS REQUEST TO ADD A PHASE TO THIS SUBDIVISION. 8.24.170 Requirement to submit new technical data. Finding: (THE CLOMR AND TECHNICAL DATA REQUIRED UNDER THIS SECTION IS BEING PREPARED BY NORTHWEST HYDRAULIC CONSULTANTS, INC.) 8.24.180 Nonconversion of enclosed areas below the lowest floor. Finding: (NOT APPLICABLE AT THIS TIME) 8.24.190 Site improvements and subdivisions. A. All proposed new development and subdivisions shall be consistent with the need to minimize flood damage and ensure that the building sites will be reasonably safe from flooding as set forth in Section 8.24.050. The test of reasonableness is a local judgment and shall be based on historical data, high water marks, photographs of past flooding, etc. Page 2 of 5 Finding: AGREED B. Building lots shall have adequate buildable area outside of the regulatory floodway and the special stream setback set forth in Section 8.24.230, which shall be preserved as an open space by easement. Finding: ALL PROPOSED CONSTRUCTION IN THE PROPOSED PHASE III IS OUT SIDE OF THE FLOODWAY. C. New development proposals and subdivision development plans, including tentative plat and approved engineered drawings and as- builts, shall include the mapped flood hazard zones from the effective FIRM, including the regulatory floodway, if applicable, and estimated BFEs at each parcel. Finding: THIS IS A MODIFICATION OF AN EXISTING PLAN THAT WAS ENGINEERED STARTING IN 2005 FOLLOWING THE TENTATIVE PLAN APPROVAL WITH SOME CONSTRUCTION BEGINNING IN 2007. THE PRESENT GRADING PLAN ADJUSTED TO THE NAVD 88 VERTICAL DATUM WILL HAVE HASKELL STREET ABOVE THE BFE ESTABLISHED WITH THE EFFECTIVE MAPS ON MAY 3, 2011. HASKELL STREET IS DESIGN TO BE THE HIGH GRADE WITH STORM WATER FLOWING TO BIOSWALE TREATMENT FACILITIES ON THE EAST AND WEST SIDES OF THE NORTH VILLAGE. NOTE THAT THE EXISTING GROUND IS PRESENTLY NO MORE THAN A FOOT BELOW THE ESTABLISHED BFE. (GRADING WORKSHEET ATTACHED) D. Subdivisions shall be created and designed to minimize risk of damage to property and potential loss of life from flooding, and minimize the disturbance of floodplain riparian zones by locating infrastructure and lots outside the SFHA and preserving as open space by easement. When a subdivision proposal includes improvements that encroach into the SFHA, the applicant shall demonstrate that adverse impacts to existing and anticipated future development, in the form of increased flood elevations, flood velocity, floodplain extent and floodway extent, are avoided or mitigated by providing the following information: 1. Engineered grading plan. Finding: PENDING APPROVAL OF THIS MODIFICATION APPLICATION THE CURRENT ENGINEERING WILL BE MODIFIED TO CONFORM TO THE NEW PHASE LINES. 2. Floodplain encroachment analysis certified by a registered professional civil engineer that identifies the cumulative impacts of the proposed encroachments, including fill and new construction, on the flooding source (i.e., stream) and all associated insurable structures, on the SFHA boundaries, BFE, and regulatory floodway, if applicable. 3. CLO.M.R from FEMA. Page 3 of 5 Finding: PENDING COMPLETION BY NORTHWEST HYDRAULIC CONSULTANTS INC. E. Where BFE data has not been provided or is not available from another authorized source, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates BFEs for all subdivision proposals and other proposed developments, at least one acre or four lots in size (whichever is less). F. New development and subdivisions shall have public utilities and facilities such as sewer, gas, electric and water systems located and constructed to minimize flood damage. G. On -site waste disposal systems shall be prohibited. H. Subdivisions and manufactured home parks shall have adequate drainage provided to reduce exposure to flood hazards as provided in Section 8.24.240. In AO and AH zones, drainage paths shall be provided to guide floodwater around and away from all proposed and existing structures. (Ord. 1947 § I (part), 2011). Finding: THIS IS A MODIFICATION OF AN EXISTING PLAN. THE SUBDIVISION WILL BE CONSTRUCTED TO COMPLY WITH ALL OF CITY, STATE AND FEDERAL REGULATIONS THE SAME AS ALL DEVELOPMENT WORK. 8.24.200 Development in regulatory floodways. Finding: NO DEVELOPMENT WILL OCCUR WITHIN THE FLOODWAY AS A RESULT OF THIS MODIFICATION. THE REMAINDER OF THIS PROJECT DEVELOPMENT WILL FOLLOW THE CLOMR APPROVAL PROCESS. 8.24.2 10 THROUGH 8.24.230 Finding: NOT APPLICABLE DELETED 8.24.240 Drainage provisions. Finding: THIS SECTION REQUIRES DETAILS REGARDING CONSTRUCTION STANDARDS AND WILL BE ADDRESSED AS NEEDED WITH THE ENGINEERING PLAN PRIOR TO CONSTRUCTION. 8.24.250 Floodplain development standards for construction. Finding: THIS SECTION REQUIRES DETAILS REGARDING BUILDING CONSTRUCTION STANDARDS AND WILL BE ADDRESSED AS NEEDED WITH THE ENGINEERING PLAN OR BUILDING PLANS PRIOR TO CONSTRUCTION 8.24.260 THROUGH 8.24.300 Finding: ARE ADMINISTRATIVE. SUMMARY: IN 2005 AT THE TIME OF APPROVAL FOR THE NORTH VILLAGE THIS AREA WAS NOT IN A SPECIAL FLOOD HAZARD AREA. WITH THE FEMA MAPPING EFFECTIVE ON MAY 3, 2011 MOST OF THE NORTH VILLAGE IS WITHIN A SPECIAL FLOOD HAZARD AREA WITH A REGULATORY FLOODWAY. PHASE III WILL CONSIST OF 6 LOTS FROM PHASE I AND 17 LOTS PLUS THE Page 4 of 5 PARK FROM PHASE II. ALL BUT THREE OF THE LOTS ARE IN THE FLOOD HAZARD AE ZONE AS ILLUSTRATED ON THE MAP ACCOMPANYING THIS APPLICATION. THE CLOMR AND TECHNICAL DATA REQUIRED UNDER CHAPTER 8.24.170 IS BEING PREPARED BY NORTHWEST HYDRAULIC CONSULTANTS, INC. THE CLOMR WILL DEMONSTRATE OUR EFFORTS TO MITIGATE FOR THE FLOOD HAZARD AREA AND THE FLOODWAY. THE PROPOSED PHASE III IS DRAWN SO THAT WE ARE NOT WITHIN THE CURRENTLY MAPPED REGULATORY FLOODWAY. IT IS EXPECTED THAT SPECIAL FLOOD HAZARD AREAS INCLUDING THE FLOODWAY WILL BE MODIFIED BY THE MITIGATION EFFORTS. IF THE MITIGATION PROVES TO NOT MEET OUR EXPECTATIONS THEN THE REMAINING AREA OF PHASE I MAY REQUIRE SOME DESIGN MODIFICATIONS. THIS ISSUE WILL BE ADDRESSED FURTHER AS THE FLOOD ISSUES HAVE MORE CLARITY. THE MODIFICATION OF THE PHASE BOUNDARY AND EVENTUAL CONSTRUCTION OF PHASE III AREA WILL NOT PROHIBIT, IF NEEDED, A FUTURE RE- DESIGN OF THE LAYOUT IN PHASE I. TWIN CREEKS DEVELOPMENT UNDERSTANDS THESE FACTS AND ACCEPTS RESPONSIBILITY FOR THE RESULTS OF THIS POTENTIAL SITUATION. TWIN CREEKS DEVELOPMENT CO., LLC HAS BEEN WORKING IN A SPECIAL FLOOD HAZARD AREA THOUGH OUT THIS DEVELOPMENT. THE CONSTRUCTION OF BUILDINGS WILL BE IN COMPLIANCE WITH ALL FLOODPLAIN STANDARDS AS DEFINED IN CHAPTER 8.24 OF THE CENTRAL POINT MUNICIPAL CODE. A FINAL NOTE; THE WORST CASE SCENARIO WITH THE IMPACTS RESULTING IN THE CONSTRUCTION OF PHASE .III WOULD BE ON TWIN CREEKS DEVELOPMENT CO., LLC LANDS. SHOULD THE BFE RISE MORE THAT THE MODEL WOULD INDICATE IT WILL LIE BETWEEN HASKELL STREET AND THE RAILROAD WITH THE RAILROAD PROTECTING THE LANDS TO THE EAST FROM ANY IMPACT. THE ONLY PUBLIC IMPACTED BY THIS APPROVAL AND DEVELOPMENT WOULD BE THE OWNERS OF THE PROJECT. WE REQUEST APPROVAL OF THIS MINOR MODIFICATION. Respectfally, Herbert A Farber CC: Twin Creeks Development Co., LLC. Via email. Page 5 of 5 I N ATTACHMENT is a is SUPPLEMENTAL FINDINGS OF FACT FOR AN EXTENSION AND MINOR MODIFICATION OF NORTH VILLAGE TENTATIVE PLAN, PHASES 1 AND 2 INTRODUCTION Before the City of Central Point Planning Commission consideration of an Extension and Minor Modification of the tentative plan for North Village, Phases 1 and 2 (File No. 05076). Applicant: Twin Creeks Development Company, LLC P.O. Box 3577 Central Point, Oregon 97502 Findings of Fact and ) Conclusion of Law These findings are supplemental to the Applicant's findings (Attachment "A" of the Staff Report dated August 7, 2012) and address both the request for an extension of, and minor modification of the tentative plan for the North Village subdivision. Tentative Plan Extension Finding: The North Village tentative plan has an expiration date of September 6, 2011. On August 30, 2011 the Applicant's representative submitted a timely request for an extension of the tentative plan to September 6, 2012. Requests for extension of tentative plans are subject to the provisions of CPMC 16.10.100 Extension. As set forth in Section 16.10.100(A) tentative plans may be extended by the community development director for a period of one year. There is no prohibition on the number of times a tentative plan may be extended provided that it is demonstrated that the tentative plan remains compliant with current code or comprehensive plan provisions. If code or comprehensive plan changes affect the tentative plan then a request for extension may be denied', or at the discretion of the community development director re- reviewed per 17.09.3002. On March 24, 2011 (Ordinance 1947) the City updated its Flood Damage Prevention Ordinance (CPMC 8.24) to include new FEMA maps and regulations. Prior to the adoption of CPMC 8.24 the North Village tentative plan was not within a Special Flood Hazard Area (SFHA), and therefore not subject to CPMC 8.24. With adoption of CPMC 8.24 the North Village tentative plat was now within a SFHA and subject to the provisions of CPMC 8.24. On May 16, 2012 the Community Development Director notified the Applicant that an extension of the tentative plan would be considered only under re- review per 17.09.300 as a modification to the previously approved tentative plan. The purpose of the re- review was to address compliance with CPMC 8.24. It was further 1 Section 16.10.100(A)(2)(a) 2 Section 16.10.100(A)(2)(b) 1 — Planning Department File No. 5076 the determination of the Community Development Director that the decision on the modification be presented to the Planning Commission as a Type III, Minor Amendment application, which in effect was procedurally the same as a Major Amendment. On June 01, 2012 the Applicant submitted an application for a Minor Amendment, with the understanding that it will be processed as a Type III application, Major Amendment. Conclusion: The request for an extension is timely and therefore meets the requirements of Section 16.10.100(B) and may be extended subject to approval of the Minor Modification request. FLOOD DAMAGE PROTECTION ORDINANCE (8.24) Finding, CPMC 8.24.175(4): As of March 24, 2011 the North Village tentative plan, now being located within a SFHA was subject to the newly adopted regulation of CPMC 8.24. To assure that new subdivision is compliant with the updated flood protection regulations Section 8.24.175(4) required that all new subdivision proposals within a SFHA shall obtain a FEMA Conditional Letter of Map Revision ( CLOMR) prior to approval. Upon re- review the tentative plan has been conditioned to require a FEMA CLOMR prior to final plat approval. As a result of the North Village tentative plan re- review it was determined by the City that the mandatory requirement for a FEMA CLOMR for all subdivisions within a SFHS was not necessary provided that the applicant could demonstrate, through appropriate engineered studies that the subdivision as proposed will not alter the SFHA boundaries, Base Flood Elevation, or any regulatory floodway. Recognizing this option the City is processing amendments to SPMC 8.24 allowing, at the applicant's discretion, and subject to the City's approval, an engineered analysis as an option to a CLOMR. Because Phase 1 (modified) is dominated by a Floodway it has been determined that extension of this phase shall be subject to approval of a FEMA CLOMR. Phases 2 and 3 (modified) are only within the SFHA and are subject to less restrictive development requirements and as such can proceed as conditioned in the Staff Report dated August 7, 2012. Conclusion: As conditioned in the Staff Report dated August 7, 2012 the modified tentative plan for North Village, Phases 1, 2 and 3 are compliant with CPMC 8.24 as it currently exists, or as may be amended per above. NORTH VILLAGE PHASING Finding: The currently approved North Village is proposed to be developed in two phases. As part of the modification request the Applicant is requesting that the phasing be modified to include a third phase. The re- phasing also includes some minor adjustment in the limits of Phase 1. As previously noted Phase 1 is significantly impacted by the presence of a Floodway, requiring the completion of a FEMA CLOMR to verify compliance with CPMC 8.24. SUMMARY FINDING The proposed modification is consistent with CPMC 8.24 subject to the conditions as stated in the Staff Report dated August 7, 2012. Subject to approval of the modification application, and compliance with all conditions applicable thereto, the North Village tentative plan may be extended. 2 — Planning Department File No. 5076 ATTACHMENT Isr ow— City of Central Point, Oregon Planning Department 140 So.Third St., Central Point, Or 97502 CENTRAL � _Tom Humphrey, AICP, 541.664.3321 Fax 54 .or.us6384 Community Development Director/ www.ci.central point onus Assistant City Administrator May 16, 2012 Herb Farber P.O. Box 5286 Central Point, OR 97502 RE: Request for Extension of the North Village Phase I & 11 Tentative Plat, Twin Creeks TOD, File No. 05076 Dear Herb: On August 20, 2010 and again on August 20, 2011 you submitted written requests to extend the Tentative Plat for North Village at Twin Creeks (Phase I & 11) for one (1) year in each case. As originally approved, the North Village tentative plat was scheduled to expire on September 6, 2010 therefore; your requests for extension are considered timely. However, as you are aware, our consideration of the tentative plat extensions have been complicated by both City code limitations and new Flood Insurance Rate Maps ( FIRMs) that affect development in Twin Creeks. The new FIRMS affect the Twin Creeks TOD master plan and more specifically, Phase I of the North Village tentative plat. In a letter dated May 14, 2012 a conditional extension of the Twin Creeks TOD master plan was approved, which paved the way for reconsideration of the North Village tentative plat. Based on the extended Twin Creeks TOD master plan, the City is prepared to grant your two prior extension requests to September 6, 2013 subject to the following two (2) conditions: 1. Submit as a Minor Modification an amended Tentative Plat (File No. 05076) to redefine tlx proposed phasing and also note that Phase 1 is reserved subject to modification of the Master Plan as noted in the Cihj's Master Plan extension dated May 14, 2012; and 2, Provide findings as part of the minor modification that all phases, other than Phase 1, are compliant with the nero ,FIRM and Municipal Code Section 8.24. If you have any questions regarding this correspondence, you are welcome to call me at 541- 423 -1025. T / phrey AICP Community Development Director � I) PLANNING COMMISSION RESOLUTION NO. ATTACHMENT it A RESOLUTION GRANTING APPROVAL OF AN EXTENSION AND MINOR MODIFICATION TO THE NORTH VILLAGE TENTATIVE PLAN PHASES 1 & 2 A RESIDENTIAL SUBDIVISION FILE NO. 05076 WHEREAS, Twin Creeks Development Company, LLC (Applicant) has submitted an application for an Extension of, and Minor Amendment to, the Tentative Plan for North Village, Phases 1 and 2, a residential subdivision identified on Jackson County Assessor's map as 37S 37 2W 0313, Tax Lots 1600, 1601, 1602, 1800 and 37 2W 03C Tax Lots 100 and 102, in the City of Central Point, Oregon; and WHEREAS, on September 6, 2005 (Planning Commission Resolution No. 667) a tentative plan was approved for North Village Phases 1 and 2 subject to conditions as set forth in the Staff Report dated September 6, 2005; and WHEREAS, the Applicant has submitted a timely request to extend the approved Tentative Plan for North Village, Phases 1 and 2; and WHEREAS, subsequent to approval of the Tentative Plan the City has adopted a new Flood Damage Prevention Ordinance (CPMC 8.24) the standards of which are now applicable to the North Village Tentative Plan; and WHEREAS, Section 16. 10.100 allows for the re- review of a tentative plan per Section 17.09.300 when there have been changes in the code or comprehensive plan that apply to the tentative plan; and WHEREAS, on May 16, 2012 the Community Development Director notified the Applicant that any extension of the Tentative Plan would be subject to a Modification per Section 17.09.300; and WHEREAS, on August 7, 2012, at a duly noticed public hearing, the City of Central Point Planning Commission re- reviewed, as a Type III application, an Extension and Minor Modification to the North Village Tentative Plan as provided for in Section 16.10.100 and 17.09.300; and WHEREAS, after duly considering the Applicants' request, it is the Planning Commission's determination that the application, as conditioned in the Revised Staff Report dated August 7, 2012 (Exhibit "A "), complies with the applicable standards and criteria; NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission for the City of Central Point, Oregon, by this Resolution No. does hereby approve the request for a Minor Modification for the North Village Tentative Plan based on the findings and conditions of approval as set forth the Planning Department Revised Staff Report dated August 7, 2012 including Attachments "A" through "C "; and BE IT FURTHER RESOLVED, that the Planning Commission for the City of Central Point, Oregon, hereby approves the Extension of the North Village Tentative plan and resets the approval date of the modified North Village Tentative Plan to August 7, 2012, with an expiration date of August 7, 2013. PASSED by the Planning Commission and signed by me in authentication of its passage this 7th day of August, 2012. ATTEST: City Representative Planning Commission Chair Approved by me this 7 "' day of August 2012 Planning Commission Chair Planning Commission Resolution No. (08/07/2012)