HomeMy WebLinkAboutCouncil Resolution 676RESOLUTION NO. [~7~
A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A
TENTATIVE. PLAN FOR GRIFFIN CREEK ESTATES SUBDIVISION
(Applicants: Ted and Nadine Branch and Bob and Betty Bauman)
(37 2W lOBA TL 9900}
(37 2W lOAB TL 5200)
(39 2W lOBD TL 100, 300 and 600)
Recitals
1. On August 6, 1993, the City received from applicants a
Tentative Plan Application for Griffin Creek Estates Subdivision,
located on the north side of West Pine Street, near the
intersection with Corcoran Lane, in Central Point.
2. On November 2, 1993, the Central Point Planning
Commission conducted a public hearing on the application, and by
Resolution No. 266 dated November 19, 1993, conditionally
approved the same.
3. At its November 19, 1993 meeting, the City Council voted
to review the Planning Commission decision, and on December 16,
1993, the City Council. held a public hearing on the matter.
4. The Council's decision is a modification of the Planning
Commission. approval.
Now, therefore,
BE LT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTRAL
POINT, OREGON, AS FOLLOWS:
Section 1. Avproval Criteria. The criteria for approval of
this application are found in CPMC Chapter 16, relating to
tentative plans and subdivisions, and in Chapter 17 relating to
lot sizes.
Section 2. Findings and Conclusions. The City Council
finds and determines as follows:
A. Tentative Flan Requirements. The application and
tentative plan herein are in the correct form and contain all of
the information required for the same under CPMC Chapter 16.10.
B. Area and Width of Lots. The application is for approval
of a 15-lot subdivision in an R-1-8 zone. Except for one lot of
substandard size, for which a variance was granted by Planning
Commission Resolution No. 242, the subdivision has lots ranging
1 - RESOLUTION NO. /n7~n (122893)
in area from 8,048 to 22,982 square feet, which area sizes
satisfy the R-1-8 lot size requirements of 8,000 square feet for
interior lots and 8,000 square feet for corner lots found in CPMC
17.20.050. Except for the substandard lot mentioned, the minimum
width requirements of CPMC 17.20.050 are also met, with interior
lots at least 60 feet wide and corner lots at least 70 feet wide.
C. Blocks and Streets. The tentative plan proposal for the
layout and dimensions of streets and blocks is in compliance with
the requirements of CPMC Chapter 16.20 regarding streets and CPMC
Chapter 16.24 regarding blocks.
D. Cul-de-Sacs. The application includes two cul-de-sac
streets connecting to West Pine Street. Said cul-de-sac streets
comply with CPMC 16.20.080.
Section 3. Conditional Aovroval. The application for
tentative plan approval for Griffin Creek Estates Subdivision is
hereby approved, subject to the following conditions imposed
under authority of CPMC 16.10.090:
Conditions
1. All roof drains, area drains, and crawl spaces shall
have positive drainage away from all structures, and shall be
connected to a curb drain or an approved storm sewer. Developer
shall provide a finished floor elevation and property topographic
information for each lat as part of the construction drawings for
this subdivision.
2. The Council finds that this development will add to
traffic on West Pine Street and will contribute to existing
safety and traffic flow problems unless certain off-site street
improvements are made. These improvements are reasonably related
to the development, and would serve the public purpose of
mitigating the negative traffic impacts of the. development.
Developer shall improve Weat Pine Street. in the following
manner:
a. From the west edge of the box culvert for Griffin
Creek on the east end of the subdivision., west to the west border
of the subdivision (the west end of lot 1), Developer shall widen
the northern half of West Pine Street to provide a 30-foot center
line to curb width.
b. The widening shall include subgrade, base rock,
asphaltic concrete, curb and gutters, sidewalks, storm drains,
street lights, traffic control devices, delineations, utility
crossings, bikeways and pavement transitions..
2 - RESOLUTION NO. //°7l° (122893)
c. The subdivision boundary on the east extends into,
but not all the way through, the box culvert for Griffin Creek,
so that Developer is responsible for widening West Pine Street
over Griffin Creek, which will require improvement of the box
culvert through which Griffin Creek flaws. However, the box
culvert, including its wingwalls, extends beyond the frontage of
lot 15 on the eastern side. Extension of the box culvert
wingwalls would require acquisition of property adjacent to lot
15 on the eastern side. In addition, it is not practical to
build only a portion of the box. culvert at this time. For all of
these reasons, Developer shall be allowed to enter into an
irrevocable consent to inclusion in a local improvement district
for the construction of street improvements on West Pine Street,
but only for widening occurring east of the western boundary of
Griffin Creek. A copy of the "Agreement for Consent to Inclusion
in Local Improvement District" signed by Developer is attached
hereto, and by reference incorporated herein.
3. A Street Lighting Plan shall be included in the
construction documents according to all the requirements of the
Central Point Public Works Department. All intersections shall
be illuminated. and all local streets shall have a maximum street
light spacing of 200'. Arterial streets shall have a maximum
spacing of 200' utilizing 22,000 Lumen HPSV street lights.
Developer is to install all pads and conduits for street lights
as a part of the construction. of the Subdivision. The Developer
shall also pay for street lights and for the installation of all
street lights in the Subdivision.
4. A Traffic Control Signing Plan shall be included as a
part of the final construction plans., and all signs and controls
will be installed by the City. All costs associated with such
installation shall be paid for by the Developer.
5. Driveway accesses for Lots 1, 10 and 15 off Nadine Court
and Emmalee Court shall be constructed the farthest distance
possible away from the intersection(s) of West Pine Street and
Nadine Court and Emmalee Court. No driveway access. will be
allowed onto West Pine Street.
6. A portion. of this property is located in a special flood
hazard area commonly referred to as the 100 year flood plain.
The Developer shall obtain a development permit as established in
Central Point Municipal Code (CPMC) 8.24.120, and provide the
information required by CPMC 8.24.130 prior to the issuance of
said development permit. The development permit shall be
obtained from the City prior to enmmencement of construction on
this subdivision.
3 - RESOLUTION NO. ~~ (122893)
7. A soils engineer must evaluate the strength of the soil
(R-value or equivalent) to determine the street section design.
The City's Engineer shall be used, and the Developer shall pay
for the costs of these services. West Pine Street shall be
designed for a minimum 20 year life, given a daily traffic volume
of 10,000 vehicle trips per day and 10~ truck. traffic. Nadine
Court and Emmalee Court shall be designed for a minimum 20 year
life, given a daily traffic volume of 1,000 vehicle trips per
day, and 2~ truck traffic.
B. Developer shall do the following:
(a) Serve written notice on all subcontractors advising
them to use only the front entrance to the subdivision as ingress
and egress, and to refrain from using private property as access;
(b) Install an earthen barricade to prevent access to the
site via private property; and
(c) Require builders and buyers to install a uniform fence
(good neighbor style) between the site and adjoining property, as
it is developed, running the full length of the west subdivision
boundary.
Passed by the Council and s'gned by me in authentication of
its passage this 1~ day of __~~L~eY~ 199~`J
Mayo Roger Westensee
ATTEST:
City R es ntative
Approved by me this 1g2 _ day~~of 199b.
C%lo~i
Mayor oger Westensee
4 - RESOLUTION NO. ~_ (122893)
G~~az~
AGREEMENT FOR CONSENT TO INCLDSION IN
LOCAL IMPROVEMENT DISTRICT
This agreement made by and between Ted and Nadine Branch and
Robert and Betty Bauman, hereafter referred to as "Developer",
and the City of Central Point, Oregon, a municipal corporation,
hereinafter referred to as "City".
Recitals
1. Developer has received tentative plan approval for
Griffin Creek Estates subdivision.
2. Central Point Municipal Code Section 12.02.010 requires
persons constructing buildings or otherwise developing property
in the city to either improve streets adjacent to the property or
execute an irrevocable consent to include the property within any
Local Improvement District formed to construct such improvements..
Now, therefore., it is agreed as follows:
Agreement
1. Irrevocable Consent. Developer hereby gives irrevocable
consent to include the following-described real property in any
Locai Improvement District formed for the purpose of constructing
all street, curb, gutter and sidewalk improvements, including the
box culvert over Griffin Creek, adjacent to said real property:
All lots within Griffin Creek Estates Subdivision,
according to the official plat of record, in the City
of Central Point, Jackson County, Oregon.
This consent shall be recorded, at Developer's expense, and
shall run with the above-described property, to be binding upon
all future owners of such property.
2. Limited Assessment. City agrees that so long as
Developer constructs the street improvements to West Pine Street
that are required under Developer's tentative plan approval for
Griffin Creek Estates subdivision, this consent shall be limited
to improvements on West Pine Street constructed east of the west
1 - AGREEMENT (122893)
edge of Griffin Creek, including the box culvert over Griffin
Creek. Developer will not be subject to assessment for any
improvements to West Pine Street constructed west of Griffin
Creek so long as Developer has made the street improvements
required by tentative plan approval.
EXECUTED IN DUPLICATE this
City of Central Point
By
Mayor Roger Westensee
STATE OF OREGON )
) ss.
County of Jackson )
_ day of 1993.
Developer
E. Ted Branch
Nadine Branch
Robert H. Bauman
Betty J. Bauman
On the day of 1993, personally
appeared before me the above-named Roger Westensee, the Mayor of
the City of Central Point, Oregon, and acknowledged the foregoing
instrument to be the voluntary act and deed of the City of
Central Point.
STATE OF OREGON )
) ss.
County of Jackson )
Notary Public for Oregon
My Commission Expires:_
On the day of 199_, personally
appeared before me the above-named E. Ted Branch, and
acknowledged the foregoing instrument. to be his voluntary act and
deed.
Notary Public for Oregon
My Commission Expires:_
2 - AGREEMENT (122893)
STATE OF OREGON )
ss.
County of Jackson )
On the day of 199_, personally
appeared before me the above-named Nadine Branch, and
acknowledged the foregoing instrument to be her voluntary act and
deed..
Notary Public for Oregon
My Commission Expires:_
STATE OF OREGON )
ss.
County of Jackson )
On the day of 199_, personally
appeared before me the above-named Robert H. Bauman, and
acknowledged the foregoing instrument to be his voluntary act and
deed.
Notary Public for Oregon
My Commission Expires:_
STATE OF OREGON )
ss.
County of Jackson )
On the day of 199_, personally
appeared before me the above-named Betty J. Bauman, and.
acknowledged the foregoing instrument to be her voluntary act and
deed.
Notary Public for Oregon
My Commission Expires:_
3 - AGREEMENT (122893)
AGREEMENT FOR CONSENT TO INCLUSION IN
LOCAL IMPROVEMENT DISTRICT
This agreement made by and between Ted and Nadine Branch and
Robert and Betty Bauman, hereafter referred to as "Developer",
and the City of Central Point, Oregon, a municipal corporation,
hereinafter referred to as "City".
Recitals
1. Developer has received. tentative plan approval for
Griffin Greek Estates subdivision..
2. Central Point Municipal Code Section 12.02.010 requires
persons constructing buildings or otherwise developing property
in the city to either improve streets adjacent to the property or
execute an irrevocable consent to include the property within any
Local Improvement District formed to construct such improvements.
Now, therefore, it is agreed as follows:
Agreement
1. Irrevocable Consent. Developer hereby gives irrevocable
consent to include the following-described real property in any
Local Improvement District formed for the purpose of constructing
all street, curb, gutter and sidewalk improvements, including the
box culvert over Griffin Creek, adjacent to said real property:
All lots within Griffin Creek Estates Subdivision,
according to the official plat of record, in the City
of Central Point, Jackson County, Oregon.
This consent shall be recorded, at Developer's expense, and
shall run with the above-described property, to be binding upon
all future owners of such property.
2. Limited Assessment. City agrees that so long as
Developer constructs the street improvements to West Pine Street
that are required under Developer's tentative plan approval for
Griffin Creek Estates subdivision, this consent shall be limited
to improvements on West Pine Street constructed east of the west
1 - AGREEMENT (122893)
edge of Griffin Creek, including the box culvert over Griffin
Creek. Developer will not be subject to assessment for any
improvements to West Pine Street constructed west of Griffin
Creek so long as Developer has made the street improvements
required by tentative plan approval.
EXECUTED IN DUPLICATE this day of
1993.
City of Central Point Developer
By
Mayor Roger Westensee
E. Ted Branch
Nadine Branch
Robert H. Bauman
Betty J. Bauman
STATE OF OREGON )
ss.
County of Jackson )
On the day of 1993, personally
appeared before me the above-named Roger Westensee, the Mayor of
the City of Central Point, Oregon, and acknowledged the foregoing
instrument to be the voluntary act and deed of the City of
Central. Point.
Notary Public for Oregon
My Commission Expires:_
STATE OF OREGON )
ss.
County of Jackson )
On the day of 199_, personally
appeared before me the above-named E. Ted Branch, and
acknowledged the foregoing instrument to be his voluntary act and
deed.
Notary Public for Oregon
My Commission Exgires:_
2 - AGREEMENT (122893)
STATE OF OREGON )
ss.
County of Jackson )
On the day of 199_, personally
appeared before me the above-named. Nadine Branch, and
acknowledged the foregoing instrument to be her voluntary act and
deed.
Notary Public for Oregon
My Commission Expires:_
STATE OF OREGON )
ss.
County of Jackson )
On the day of 199_, personally
appeared before me the above-named Robert H. Bauman, and
acknowledged the foregoing instrument to be his voluntary act and
deed.
Notary Public for Oregon
My Commission Expires:
STATE OF OREGON )
ss.
County of Jackson )
On the .day of 199_, personally
appeared before me the above-named Betty J. Bauman, and
acknowledged the foregoing instrument to be her voluntary act and
deed.
Notary Public for Oregon
My Commission Expires:_
3 - AGREEMENT (122893)