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HomeMy WebLinkAboutPlanning Commission Packet - October 3, 1995CITY .OB CENTRAL. POINT PLANNING COMMISSION AGENDA October 3, 1995-! 7:00 p.m. Next'Planning Commission Resolution No. 332 L ' MEETING CALLED TO ORDER YI. ROLL CALL Chuck Piland -:Jan Dunlap, Herb Barber; Candy Nish, Randy Graves, Karolyne Johnson, and Valerie Rapp III. ! CORRESPONDENCE IV. ' MINDTES i _ ~ A. Review and approval of September;l9, 1995 Planning Commission Minutes V. PUBLIC APPEARANCES n5 VI. BUSINESS ~ _ ~, $ A. Review and recommendation regarding zoning text amendment allowing state-regulated packaged liquor stores as a permitted use within the C-3, C~a and C-5 zoning districts. a 9 - s 2 B. Review and recommendation regarding annexation request at 2030 Taylor -Road (Applicants Bateman) 3 s - s ~ C. Review and determination regarding Final Plat Application for Unit No: 6 'of Jackson Creele Estates Subdivision located on Beall Lane east of where Hanley toad intersects with Beall Lane. (Applicant: Tom Malot Construction Co) VIL MISCELLANEOUS VIIIt ADJOURNMENT i CITY OF CENTRAL POINT Planning Commission Minutes September 19, 1995 -Page One I. MEETING CALLED TO ORDER at 7:00 p.m. II. ROLL CALL -Those present were: Chuck Piland, Jan Dunlap, Herb Farber, Candy Fish, Karolyne Johnson and Valerie Rapp. Randy Graves called to say he had a conflict of time. Also present in the audience were Mayor Rusty McGrath and Council Member John LeGros. III. CORRESPONDENCE -NONE IV. MINUTES Commissioner Fish moved to approve the September 5, 1995 Planning Commission Minutes, (Corrected roll call to show that Dunlap and Fish were not present). Commissioner Rapp seconded the Motion. ROLL CALL' VOTE: Dunlap, abstain: Farber, yes; Fish, yes; Johnson, abstain, and Rapp yes, and • the Minutes were approved. V. PUBLIC APPEARANCES -NONE VI. BUSINESS A. Public Hearing -Review and determination on Tentative Plan Application for Unit No. 7 of Forest Glen Subdivision. Chairman Piland opened the Public Hearing George Rubaloff, Planning Administrator, highlighted the Notice of Public Hearing dated August 25, 1995, including the Nature of Hearings, Criteria for Decision, Public Comments, and Summary of Procedure. Herb Farber declared a conflict of interest as agent/surveyor for the project and left his position on the Commission and took a seat in the audience. There were no other conflicts of interest or ex-parte communication on the part of the Commission. Rubaloff incorporated the exhibits; Notice of Public Hearing dated August 25, 1995, Maps, Application and Public Works Staff Report dated September 13, 1995 into the record by reference. f CITY OF CENTRAL POINT Planning Commission Minutes September 19, 1995 -Page Two ~ Paul Worth, Public Works Technician, highlighted the Public Works Staff Report, dated September 13, 1995, including. the findings, general conditions and specific conditions. He especially pointed out the Specific Conditions #8, (service laterals) #9, (Change of street name from Columbine to Glengrove) , #10, 1looping of vvaterline) and #11 (DEO requirement for 15' easementl. Rubaloff stated that applicant and staff had met earlier in the day and covered the conditions prior to tonight's meeting. Herb Farber, 908 E. Jackson, Medford, Agent/Surveyor for the applicant came forward in support of the Tentative Plan Application for Forest Glen Unit No. 7. He stated that he understood and concurred with the conditions outlined in the Staff Report. There were no questions. No one else came forward in support of, or in opposition to the Tentative Plan. Chairperson Piland closed the Public Hearing. B. PUBLIC HEARING -Review and Determination on Tentative Plan Application for Unit No. 8 of Forest Glen Subdivision (applicant: Gary Whittlel• Chairman Piland opened the Public Hearing. George Rubaloff reviewed the Notice of Public Hearing dated August 25, 1995 including the Nature of Hearings, Criteria for Decision, Public Comments and Summary of Procedure. Herb Farber once again declared a conflict of interest as the agent/surveyor for the project, and stayed seated in the audience. There were no other conflicts of interest or exparte communication on the part of the Commission. George incorporated the Exhibits, Notice of Public Hearing dated August 25, 1995, Map, Application, and Public Works Staff Report dated September 13, 1995 into the record by reference. J: ^y CITY OF CENTRAL POINT Public Works Department ~ September 19, 1995 -Page Three Paul Worth, Public Works Technician, highlighted the Public Works Staff Report dated September 13, 1995, including the information needed #4, for street names, ,General Conditions and Specific Conditions concerning the 12" waterline being looped all the way through, extending the 16' easement south of Lots 248 and 255, continuation of Hampton and White Chapel and the Wetlands Permit required from D.E.Q. Herb Farber, 908 E. Jackson, Agent/Surveyor for applicant, came forward in support of the Tentative Plan for Forest Glen Subdivision #8. Farber stated he concurred with the staff report and that there would be no problem with temporary utility easements, since the land to the south was reserved for next year, and will not be built on during this phase of construction. Commissioner Dunlap asked if there was park land set aside in this area. George Rubaloff answered that a park somewhere in this general location was in the City's Comprehensive Plan, but no specifics are available at this time. If the South East Park does not happen, then the City's Comprehensive Plan will be amended. Gary Whittle, Applicant, 908 E. Jackson, Medford, came forward in support .; of the Tentative Plan and referred to the Public Works Staff Report's General Conditiohs, (7th item) concerning review of plans and specifications. Whittle stated that he is willing to pay the extra amount for overtime for the plans to be reviewed by the Public Works Department. He then asked if the City had hired Mike Thornton to review the plans for Forest Glen Unit #7 and Forest Glen Unit #8. Mike Thornton stated that the City had requested in writing that he perform these reviews. George Rubaloff asked Mr. Whittle what his target date for Final Plat was. Mr. Whittle stated that he wanted the Final Plat done no later than December. Mr. Whittle stated that they would be completing the water line loop in Forest Glen as mentioned in Item #12 in the Public Works Specific Conditions. Whittle also stated that he expected some reimbursement from the City for over sizing the water lines in previous phases of Forest Glen. No one else came forward in support of or in opposition to the Tentative Plan. Chairman Piland closed the Public Hearing. 3 CITY OF CENTRAL POINT Planning Commission Minutes September 19, 1995 -Page Four C. PUBLIC HEARING -Review and determination on Tentative Plan for Unit No. 3 of Valley Point Subdivision and proposed Development Plan for future phases of Valley Point and Beall Estates Subdivision (Applicant: Noel Moore). Chairman Piland opened the Public Hearing. George Rubaloff highlighted the Notice of Public Hearing dated August 25, 1995, including the Nature of Hearings, Criteria for Decision, Public Comments and Summary of Procedure. Herb Farber, again, declared a .conflict of interest as Agent/Surveyor for applicant and stayed seated in the audience. There were no other conflicts of interest or exparte communication on the part of the Commission. Rubaloff referred to the Development Plan on Page 52. This plan was included to help the Commissioners relate to the proposed Tentative Plan to a larger development in the City. The Commission does not have to approve Development Plans.. Rubaloff. incorporated the exhibits; Notice of Public Hearing dated August 25, 1995, Map, Application and Public Works Staff Report dated September 5, 1995 into the record by reference. Mike Thornton, Engineer, referred to the Public Works Report, dated September 5, 1995. Thornton revised the estimated traffic on Marilee to 1500 to 2000 vehicles per day. He also amended #6 in Exhibit "A", Specific Conditions to read ....Lots 59 and ~2. Commissioner. Johnson asked if there had been any concerns relating to Thornton's letter of September 5, 1995 on the Development Plan. Thornton stated that answers to the questions outlined in the letter are still being worked on. ~. CITY OF CENTRAL POINT Planning Commission Minutes September 19, 1995 -Page Five Herb Farber of 908 E. Jackson came forward in support of the Tentative Plan for Unit No. 3 of Valley Point, and stated he concurred with the Staff Report. Herb Farber stated he had reviewed the Cohditions and understood the requirements. But he stated that as to Condition #4, that the base and wiring for the street light are in and PP&L now needs to install the pole. No one else came forward in support of or in opposition to the Tentative Plan. Chairman Piland closed the Public Hearing. Herb Farber returned to his seat on the Planning Commission. D. Review and Recommendation regarding a proposed text amendment for allowing Mobile Food Vendors as a permitted use in the C-3, C-4 and C-5 zones. George Rubaloff highlighted the Notice of Public Hearing dated September 21, 1995. He stated that City Attorney, Doug Engle prepared a form for Administerial Consent, assuring that the application would be reviewed by the City for such items as land owner permission, health permit, location, clear vision, etc. before a license could be issued. Rubaloff incorporated the exhibits; letter from Keith Snodgrass dated August 18, 1995, Resolution No. 736 Declaring Intent to Amend Title 17, City Council Minutes dated September 7, 1995, Notice of Public Hearing for the September 21, 1995 City Council Meeting, (published September 1, 1995) and Draft Ordinance Amending Title 17 Allowing Mobile Food Vendor Uses as a Permitted use within the C-3, C-4 and C-5 Zones into the record by reference. J CITY OF CENTRAL POINT Planning Commission Minutes September 19, 1995 -Page Six VII. MISCELLANEOUS- George Rubaloff distributed Letter and construction plans from Karen S. Smith, Special Projects Manager, Jackson County Roads and Parks Services, .requiring written Planning Commission consent to build a wildlife observation platform adjacent to the new Greenway Path to be built by Crater High. students. This platform would be a memorial to Larry Espy, and would be located on the bike trail south of Pine Street near I-5. Rubaloff stated that CPMC 17.54.060 requires the Planning Commission's written consent. The plans meet height standards and set back distance from I-5. Rubaloff stated that the Building Official's memo stated that no building plans or permits were required, but that as a courtesy the building department would inspect and assist with any necessary code issues. Karen Smith, Jackson County Roads and Parks, came forward to describe the project, and to answer any questions from the Commission. Karen stated that the platform would be visible from. the f=reeway and that portion of the bikeway would be patrolled by law enforcement and volunteers. commissioner Fish moved to aonrove the Larry~.,Fcpgy wildlife observation platform as o alined in Karen Smith's Letter dated September 18. 1995. DLnIaD caronded the motion ROLL GALL VOTE• Dunlapyes: Farber, ye$: Fish. yes; Johnson, yes. and RaR~yes.. VIII. ADJOURNMENT -Commissioner Dunlap moved that the meeting adjourn, Commissioner Fish seconded the Motion, and all said Aye, and the meeting adjourned at 8:28 p.m. inte~offi~e M E M O R AN D U M to: Central Point Planning Commission from:. George Rubaloff, Planning Administrator subject: Review and Recommendation Regarding Proposed Zoning Text Amendment (State Regulated Packaged Liquor Stores) date: September 26, 1995 City policy requires the Planning Commission to review and formulate recommendations for zoning text amendments.. The Commission may-make their recommendations in the form of aminute-motion. Background At the request of a local business owner, City Council adopted Resolution No. 737 which declares intent to amend the C-3, C-4 and C-5 zoning regulations to permit State-Regulated Packaged Liquor Stores within those districts. Attachments Item 1 - Letter to City from Brian Anders Item 2 - Resolution No. 737 Item 3 - September 22, 1995 Letter to Oregon Liquor Control Division Item 4 - Proposed Ordinance September 15, 1995 i Mayor and City Council ~. c% George Rubaloff, Planning Administrator City of Central Point 155 South Second Street Central Point, Oregon 97502 RE:Requcst for Amendment of Zoning Ordinance to Allow Packaged Liquor Stores in All Commercial Zones that Serve Liquor Dear Honorable Mayor and City Councilors: I have been appointed t(te OLCC agent of the existing state regulated liquor store in Central Point and I am proposing that the store be located at 839 East Pine Street in Central Point. That site is located within the City's C-4 zone. Current zoning regulations do not provide for state regulated liquor stores in any of your commercial zones as either a permitted or conditional use. So that I can receive a caning clearance from the City, I am hereby requesting that the City Council amend the zoning regulations so that this type of use is permitted within all of the zoning districts which allow liquorservice. .' I thank you foryour consideration of this matter. Sincerely, 1~~ ~ ~ Brian Anders Liquor Control Commission Agency 1085 8 RESOLUTION NO. 7 3 7 A RESOLUTION DECLARING THE CITY•COUNCIL'S INTENTION TO AMEND TITLE 17 OF THE CENTRAL POINT MUNICIPAL CODE, ADDING STATE-REGULATED PACKAGE LIQUOR STORES AS A PERMITTED USE IN THE C-3, C-4, AND C-5 ZONING DISTRICTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTRAL POINT, OREGON, that it is the intention of the City Council to amend Title 17 of the Central Point Municipal Code, so as to add "State-Regulated Package Liquor Stores" to the lists of permitted uses in the C-3, C-4 and C-5 zoning districts. Passed by the Council.'and si ned by me in authentication of its passage this ZIS~/" day of 1995. Mayor Rusty McGrath ATTEST: City R r sen~t6rGe Approved by me thiso2 daQy o~f ,~~~~, 1995. Mayor Rusty McGrath RESOLUTION NO. ~3 7 (091595) CITY OP CBN'I'I2AL POIIVT OFFICE OF THE MAYOR I55 SOUTH 2ND STREET CENTRAL POINT, OREGON 97502 (503) 664-3324 September 22, 1995 Karen Gregory Director-Store Operations Division Oregon Liquor Control Commission 9079 S.E. McLoughlin Blvd. Portland, OR 97222 Re: Oregon Liquor Store Location - 839 E. Pine Street, Central Point, Oregon Dear Commissioners: Based upon information received at the September 7, 1995 Council meeting, the City Council authorized our September 11th letter on this matter. The City Council has reviewed additional information at their September 21,.1995 meeting, and wish to revise our earlier position. At the September 7th meeting, Mr. Cook stated that the distance between the proposed store location at 839 E. Pine and the nearest school was 325 feet. He also stated that this distance was a violation of a required 500 foot minimum. Mr. Cook's measurement appears to be from property corner to property line as the crow flies. We now understand from conversations with an OLCC representative that the measurement is to be made from door to door over typically traveled routes, and 500 feet is not a mandatory minimum. We find the door to door distance to be over 800 feet as measured by scaling, from the enclosed topography map. Therefore, the Council is now taking a position of being neutral regarding the proposal to locate the store at 839 E. Pine. In addition, the Council has approved a Resolution of Intent to amend our zoning regulations to allow liquor stores in three different zones within the City, including the location at 839 E. Pine St. Currently (and we do not know why) our zoning regulations do not provide for a retail Oregon liquor store in any zone. ~~ RUSTY McGRATH Mayor Page 2 v OLCC Recognizing the dilemma created by the current situation, the Council has granted Mr. Anders a temporary business license for the 839 E. Pine Street location pending public hearings to consider adding such stores as uses within certain zones. Please call if you have any questions or comments. Since , Rusty McGrath, Mayor Attachment co: Councilors Mel Cook Brian Anders James Oh ~~ / ~ t I/ i/~ ~ °` \~ ~hOI N ~ as Q ~~ ~ ~ OL a V L ~ Y_ CURB x O y ~ ~~ ~ h c~ae N ~ O x a /\ 3 ? ~ ! ae ~. / ~ ~ x lt/ W ~ I ~ a ~~ ~ ~ ~. N ~;t ~ f ~ .' `~ ~ V O 5` m U O , (j U I ~o ~ ~ N_ t ~ I .`~` gym, O? Y U ~ ~ ~ ~ x =.. \ `5m ~ ~ a < ~. m C .y. pis.--~-=_..~~ N O f L y ]~~ (J __ _ p ~~ x in ~~ N ~ ' ~~ v \ C? Q ~~ l ~ ._ O ° ~_ a -.- -1 ~ ~,.~ t w= ,y2 ~ x Q ~ x X fON~ O ~id d d Ul X Q a X .~ O ~ _x __p p I + D rs + '~ 5~. s a O ° ~~ ~ ~~ O 1 (~ x N L~j m UU i0 O / x Y x - _.. _, N E~xN Y ED ~___._.._.~_..._____., _ T + { ~ }\ .6 v ,~~~ ~ ~ ~ DO oo f ~ , 2 + ~ ~ ~ ~ ~~ >° 09/15/95 15e38 $ 503 770 1189 DDUGL05 M ENGLE ORDINANCE NO. AN ORDINANCE AMENDING TITLE 17 OF THE CENTRAL POINT MUNICIPAL CODE REGARDING ALLOWING STATE-REGULATED PACKAGE LIQUOR STORES IN THE C-3, C-4 AND C-5 ZONING DISTRICTS THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS: Section 1. Central Point Municipal Code Section 17.40.020 is hereby amended to read as follows: 17.40.020 Permitted uses. The following uses are permitted in a C-3 district: A. Professional and financial, including: 1. Banks and similar financial institutions, 2. Accounting and bookkeeping, 3. Real estate office, 4. Insurance company office, 5. Legal services, 6. Medical sprv5_ces, clinics, limited laboratories, 7. Architecture and, engineering offices, 8. Electrical, building, and plumbing contractors' offices, 9. Photographic and art studios; B. Personal services, including: 1. Barber and beauty shops, 2. Small appliance repair, 3. Tailor and shoe repair service, 4. Locksmith, 5. Travel agency,. 6. Counseling services, 7. Photo processing pickup station, 8. Art and music schools, 9. Nonindustrial business/vocational schools, 10. Physical fitness/conditioning center; .martial arts schools; C. Retail outlets, including: 1. Department store, 2. Furniture, 3. Drugs, 4. Health food, 5. Hardware, 6. Books and stationery, 7. Gifts, notions and variety, 8. Music (including records, tapes, equipment), 9. Small appliances,` 10. Sporting goods, il. Sit-down restaurants and dinner houses (including alcohol), 1 - ORDINANCE NO. (091595) P.02 items, .~-~. D. E. F. floor; 12. Tavern (beer only), 13. Cocktail lounges and clubs, 14. Delicatessen, 15. Pastry or confectionery, 16. Other specialty food outlets, 17. General apparel, 18. Shoes and boots, 19. Specialty apparel, 20. Jewelry, 21. Clocks and watches, sales and 22. Bakery, retail only, 23. Bicycle shop, 24. Toy store, 25. Home furnishings, other than DOUGLHS M ENGLE service, major funiture 26. Leather goods and luggage, 27. Fabric, yard and sewing supplies, 28. Florist, 29. Garden supplies, 30. Major appliances, sales and service, 31. Audio, video, electronics sales and service, 32. Hobby shop, 33. Photographic supplies, 34. Antique shop, 35. Art and engineering supplies., 36. Pawnshop, 37. Wallcovering, floorcovering, curtains, etc., 38. Electrical and plumbing. supplies, 39. Heating and air-conditioning equipment, 40. Meat, poultry, fish and seafood, 41. Dairy products,. retail sales, 42. Mobile food vendors, 43. State-regulated package liquor stores; Club and organizational meeting facilities; Walk-in movie theatre (fully enclosed); Hotel, with lobby and commercial uses only on ground G. Television and radio broadcasting s H. Commercial parking lot; I. other uses not specified in this or trict, if the planning commission finds them to the uses listed above and compatible with uses and with the intent of the C-3 district Section 17.60.140. Audio and offices; any other dis- to be similar others permitted as provided in sect'on 2. Central Point Municipal Code Section 17.44.020 is hereby amended to read as follows: 17.44.020 Permitted Uses. in the C-4 district: 2 - ORDINANCE NO. (091595) 09i15i95 i5e40 'd 503 770 1189 P.03 The following uses are permitted 14 09~15i95 15:41 $ 503 770 1189 DDUGLR5 M ENGLE P.04 A. Professional and financial, including: 1. Banks and similar financial institutions, 2. Accounting and bookkeeping offices, 3. Real estate offices, 4. Insurance company offices, 5. Legal services, 6. Architecture and engineering offices, 7. Professional photo or art studios, 8. Counseling, services, 9. Corporate or governmental offices; B. Tourist and entertainment related facilities, including: seafood 1., sales; 2. Convenience market; meat, poultry, fish, and. fruit and beverage stands, Drugstore, 3. Automobile service station; automobile and recreational vehicle parts sales and repairs; and truck rentals, 4. Motel and hotel, 5. Walk-in movie theater, 6. Bowling alley, 7. Photo and art galleries, 8. Photo processing pickup station, 9. Travel agency, ~ ' 10. Barber and beauty shops, ii. Sit-down restaurant or dinner house (including alcohol), 12. Cocktail lounges and clubs serving alcoholic beverages, 13. Tavern with beer only, 14. Commercial parking lot, 15. Community shopping centers, defined as a group of commercial establishments planned, developed, owned or managed as a unit which may include any of the permitted uses in this section and may also include the following uses: a. Supermarket, b. Department store, c. Sporting goods, d. Books and stationery, e. Gifts, notions and variety, f. Florist, g. Leather goods and luggage, h. Pet sales and related supplies, i. Photographic supplies, j. Health food, k. Self-service laundry, 1. Antique shop, m. Delicatessen, n. Pastry and confectionery, o. General apparel, p. Shoes and boots, 3 - ORDINANCE NO. (091595) 09.i 1595 15:42 $ 503 770 1189 DDU0LR5 M ENOLE q. Specialty apparel, r. Jewelry, s. Clocks and watches, sales and service, t. Bakery, retail only, u. Bicycle shop, v. Audio, video, electronics sales and service, w. Printing, lithography and publishing, 16. Mobile food vendors, ~-~- 17. State-regulated package liquor stores, 18. Other uses not specified in this or any other district, if the Planning Commission finds them to be similar to the uses listed above and compatible with other permitted uses and with the intent of the C-4 district as provided in Section 17.60.140. Section 3. Central Point Municipal Code Section 17.46.020 is hereby amended to read as follows: 17.46.020 Permitted uses. The following uses are permitted in the C-5 district: A. Professional and financial, including: 1. Banks and similar financial .institutions, 2. Real estate, insurance, and similar offices, 3. Contractors office, 4. Medical services, clinics and laboratories; B. Personal services, including: arts 1. Self-service laundry and laundry pickup stations, 2. Photo processing pickup stations, 3. Photo processing laboratories, 4. Small appliance service, 5. Printing, .lithography and publishing, 6. Locksmith, 7. Taxicab dispatch office, 8. Ambulance/emergency services, 9. Art and music schools, l0. Business/vocational schools, 11. Physical fitness/conditioning center, martial schools; 12. Carwash, 13. Automobile shops, ar er shops, 17. Beauty salons, 18. Manicure salons, C. Retail outlets, including: 1. Auto and truck sales (new and used), 2. Tire sales and service, 3. Glass and mirror sales and service, and truck service stations and repair 14. Auto and furniture upholstery shops, 15. Veterinary clinics (within enclosed structure), 16 B b P.05 4 - ORDINANCE NO. (091595) ~ 1 Ej 09~15i95 35:43 S 503 770 1189 DDUGLRS M ENGLE ` P.06 4• Wallcovering, floorcovering, curtains,-etc., 5. Major appliances sales and service, 6. Hardware sales, 7. Monument sales, 8. Supermarket, 9. Convenience market, 10. Drugstore, 11. Feed, seed and fuel (within enclosed structure),, 12. Electrical and plumbing supplies, 13. Heating and air-conditioning equipment, 14. Stone, the and masonry supplies, 15. Nursery and gardening materials and supplies, 16. Antique shop, 17. Art and engineering supplies, 18. Pawnshop, 19. Sit-down restaurants, including service of beer, wine and liquor, 20. Drive-in fast food establishments, 21. Tavern, beer sales only, 22. Public/quasi-public utilities and services; 23. Florist sales, 24. Pet sales, 25. General apparel, 26. Furniture sales, including used furniture, 27. Sporting goods sales, including firearms, --~- 28. State-regulated package liquor stores; D. Tourist/recreational-oriented uses, including: 1. Hotel and motel, 2. Walk-in theater (fully enclosed), 3. Bowling alley, 4. ice and roller skating rinks, 5. Dancehalls (nonalcoholic), 6. Billiard/pool hall, 7. Miniature golf, 8. Club and organizational meeting facilities; E. Commercial parking lots; 1. Recreational vehicle storage lots; F. Light fabrication, including: 1. Light fabrication, assembly, packaging, mail-order sales and wholesale sales of consumer goods, and 2. Light fabrication and repair shops such as blacksmith, cabinet, electric motor, heating, machine, sheetmetal, signs, stone monuments, upholstery and welding; G. Other uses not specified in this or any other district, if the planning commission finds them to be similar to the uses listed above and compatible with other permitted uses and within the intent of the C-5 district. section 4. A pending application depends on this amendment, an emergency is therefore declared to exist, and this ordinance shall be effective upon passage. 5 -ORDINANCE NO. (091595) 1 09i15~95 15:45 S 503 770 1189 DOUOLRS M ENeLE P.07 Passed by the Council and signed by me in authentication of its passage this day of 1995. Mayor Rusty McGrath ATTEST: City Representative Approved by me this day of 1995. Mayor Rusty McGrath 6 - ORDINANCE NO. (091595) _ STAFF REPORT Date: September 29, 1995 To: Central Point Planning Commission From: Central Point Planning Department Subject: Preliminary Report for Bateman Annexation Request Annexation Annexation is the act of extending the boundaries of a city so that the property owners of a new territory can benefit from municipal services and facilitate urban development. Action Requested CPMC 1.24 requires the Planning Commission to review requests for annexation and make recommendations to the City Council. The Commission's recommendations can be in the form of aminute-motion. The City Council decides upon all annexation requests after conducting a public hearing. Description of Annexation Proposal The property owners Dermis & Rayma Bateman submit this annexation request on their own behalf. The proposed annexation is located at 2030 Taylor Road, Tax Lot 4401. If approved, this annexation would add 1.056 acres of new territory to the City of Central Point.. The prominent natural feature of the property is Griffin Creek which traverses along the entire Eastern boundary of the property. One residential structure exists on the property as well as several accessory buildings. The property is located on Taylor Road which i§ classi£ed as secondary arterial roadway. No significant physical features exist on the property except for Griffin Creek. Natural Drainage occurs to the east and towards Griffin Creek. Access to the property is via Taylor Road and any future development of the property would likely need to utilize Taylor Road. The area proposed for annexation is designated on the Comprehensive Plan Map for medium density residential use. In keeping with the Comprehensive Plan designation, the City Zoning Map classifies the area as R-2 (Residential Single Family/6-12 dwelling units per acre). 19 The surrounding land use patterns of development and zoning designations are as follows: North Land Use: Zoning: East Land Use: Zoning: West Land Use: Zoning: South Land Use: Zoning: Review Discussion Vacant Land R-2 (Residential Single Family/6-12 dwelling units per acre). Single family residence R-2 (Residential Single Family/6-12 dwelling units per acre). Vacant Land R-2 (Residential Single Family/6-12 dwelling units per acre). Single Family Residential Subdivision R-1-8 Single Family Residential 1) Written Consent:ln accordance with ORS 222, all owners of the land and not less than 50 percent of the, electors residing in the territory must consent, in writing to the proposed annexation. The application for annexation includes a written consent from the property owners Dennis & Rayma Bateman who reside at the properly proposed for annexation. Therefore, 100% of land owners and 100% of electors consent to proposed annexation in writing. 2) Within UGB: Pursuant to Policy No. 3. (City-County Urban Growth Boundary and policy Agreement, September 1984), Territory annexed into the City is required to be within the Central Point Urban Growth Area. The land of the proposed annexation is within the .Central Point UGB and identified as Subarea (G) in the City's Comprehensive Plan. ,Q N 3) Contiguity: ORS 222 requires that annexed territory be contiguous to the City or separated from the City only by a public right of way, or a stream, lake or other body of water. As shown on the proposed annexation plat, the territory is contiguous to the existing City limit on its proposed Southern Boundary. 4) Orderly Provision of Public Facilities: OAR 660-01-310 states that annexation of lands is subject to the City's Acknowledged Comprehensive Plan. The Central Point Comprehensive Plan was formally acknowledged by the Land Conservation and Development Commission on December 13, 1984. The Comprehensive Plan specifies that the phasing of development and annexations shall be consistent with the City's ability to provide facilities and services. Related Issue A statute (ORS 450.987) was established in 1989 which changed how the City withdraws from special districts. The City may annex territory situated within the boundary of a special district; however, the City shall not remove any service provision capability from the special district unless specific findings are made by the County Board of Commissioners. One of the more significant of those determinations which rnust be made in order for withdrawal from a special district to occur is that a district cannot provide adequate service to an annexed territory within a reasonable time. The City's acknowledged Comprehensive Plan is the controlling document for land use within the Urban Growth Area covered by the plan. The plan and Statewide Goals require an orderly, economic provision for public facilities and services for lands within the UGB which are converted from rural to urban uses. It follows that the City as the logical provider of urban services within its Urban Growth Area, can provide efficient service to City customers and can facilitate managed economic development by being the provider of its full range of urban service. The City Council has decided to postpone any final decisions on annexation proposals until such time that the sanitary sewer issue has been resolved. The Mayor and City Council are currently working towards resolution of this issue. Conclusion Staff concludes that this particular request meets the fundamental requirements for annexing territory into the City. At such time that the City and BCVSA resolve the policy issue related to withdrawing territory from special districts, the City would then be able to conclude that there would be an orderly provision of public facilities with respect to the proposed annexation. 21 Follow-Up Actions Needed The Planning Commission's recommendation regarding the proposed annexation will be included in the publicxecord at the time City Council conducts a review and hearing on this proposal. Prior to any public hearings, the City will send notifications to agencies which could be affected by the proposed annexation. The agencies on the mailing list shall include Jackson County, BCVSA, affected Utility Companies, Central Point Police & Fire Departments, and the Central Point School District. Agencies receiving notification will have an opportunity to submit comments about the annexation prior to any future public hearings. Attachments Item A -Maps Item B -Annexation Application Item C -Report from Public Works dated September 21, 1995 Staff Report prepared by Mark Stoiber, Contract Planning Technician and reviewed by George Rubaloff, Planning Administrator C[\WPSOVSTMPLRPT N Fr ~\ ~~ N NI -1 R-i-sl R-2 r~ i ~~~ ~~~ ~~ r x -1- t, ; n 0 S M U W N v N y Goo ~O M 1 i z ~ moo t ~1 :. I`?~i EFU 3~IlQ~_ o. )/ .r~- H e ~ 1!4 COR ~ ~"• °jo• TAVLOR ROAD MN _ • f.. .• .. ~ _ _ __ g•• G/.9-r~2 ~ N~Line~OLCS3 /S~~ ~7® B ?!#' 6TH _- F'~R_5~ i$yD/~/+*~T (dENp~q ~SiDQµJR4K ~~N 5i LSE b/fY ~c ~ C ~. ~~~ .. 24 ~4.Y.~i..:v+~ r x izse.a -x-- ~ I I I ~~ ~ ~ .I I j . ~I ~~ ~ _~ _, x izszzo x ~2sa.a N 268,00 ~'i4PPLICATION FOR ANrIEXATiON RE~EIY~® CITY OF CENTRAL POINT PLANNING DEPARTMENT APR 1 ~ 1995' 1. APPLICANT INFORMATION -Name: UPni Address: .?.0 30 2. AGENT CITY nR cny: C~ J ' Pn %~7`~' Stale: ~~ Zip Code: ~~ Teiephone: Business: Residence: ~ y ~ "/~~ \ INFORMATIOi~I / ' V' nl Ctty:' ~ehrq~ay~ z[V^'~ State ~~ ZlpCode: ~~Sy1. Teiephone: Buslness: ~-Z/- ~~u r Residence: ~~~/- ur9~ ino6iYa /Obe~o 3. OWNER OF RECORD (Attach Separate Sheet Ii More Than One) • Neme: ~:amr Rs g~inyP. Address: City: State: Zip Code: Telephone: Buslness: Residence: 4. PROJECT DESCRIPTION Type or Planned Development•_//0//f. - SrYlali, /-rrria~.r.,•rc~. ~nf Township: ~_Range:~,_{LSectlon :Q~.L` ,Tax Lot(s): __ _. ~F~fO ! Township: Address: . . ~ Tax Lot(s): Township: Range• Sedlon : _ Tax Lot(s): Address: Planned Zoning Dlslrkl: Total Acreage:. !, D 5 L, Total Number otExlettng Dwelling Units:- ~ 5. REQUIRED SUBMITTALS d This Application Form ~~ C~ Application Fee (SZ00) C~' Written Authodly from Properly Owner If Agent in Application Process Annexation Petition ©~ ~reliminary Plat IeJ' Legal Description of extension boundary of ^ proposed annexed territory 8. I HEREBY STATE THAT THE FACTS RELATED IN THE ABOVE APPLICATION AND THE PLAN3 AND DOCUMENTS SUBMITTED HEREWITH ARE TRUE, CORRECT AND ACCURATE TO THE BEST OF MY KNOWLEDQE. I cedily that 1 am fhe: ~Q Properly Owner or ^ Authodzed Agent or the Owner of the pro ro)ect one. ,..~ I ~/ p .,„. _ _Blonawi8•.e /i/Lr,,efo a~.L.: A..n/ Dale ~' / / 'y /5r ~ If anyy wetlands exist on the site, it is the~appiicant's responsibility to apply for a permit to ~ Division of State Landsbefore anv site work begins. A~ ~ 26 ,(;,o~~,~3 _.._ _ r~ .~ ?; ANNEXATION PETITION THE UNDERSIGNED hereby request and consent to the annexation to the City of Central Point, Oregon, of the real property contiguous thereto described in Exhibit "A" attached hereto and by this reference made a part of the within petition. By their signature hereto,.•the undersigned certify that they are either "owners" of land in the territory proposed to be• annexed as described in Exhibit."A", or are "electors" registered in the territory proposed to be annexed as described in Exhibit uAn This petition, containing the request and consent to said annexation, must be filed with the Central Point City Council on or before the date of the public hearing to be held upon the proposed annexation pursuant to ORS 222.120. "Owner" is defined.by ORS 222.120 as meaning the legal owner of record or, where there is a recorded land contract which is in force, the purchaser thereunder. If there is multiple ownership in a parcel of land, each consenting owner shall be counted as a fraction to the same extent as the interest of the owner in the land bears in relation to the interest of the other owners, and the same fraction shall be applied to the parcel's land mass for purposes of the consent petition. If a corporation owns land in a territory proposed to be annexed, the corporation shall be considered to be the individual owner of that land. "Elector" is defined in said statute as an individual qualified to vote under Article II, Section 2 of the Oregon Constitution, which in turn requires that the individual be 18 years of age or older, a resident of the area in question, and registered to vote as required by applicable state law. Furthermore, ORS 222.170(2) requires that electors petitioning for annexation be registered in the territory proposed to be annexed. -~ ~~ ANNEXATION PETITION (12oaa7~ .. 27 Elector or Property Owner: •- (If Property Owner, insert OPent F-iecn ~~ ~~ Sho ~-- ~I G ~ A ~~ ~ A 1 ~ ~~. J j ROPE A II Sire I~ V Lawn/ ~-cc s ~~ ._ I' i I j I ~z~ _~ I Y J ~! ~1 LAwN n Z r z 1 J lr 'I I~ 1) 0 t 1 ~ l~ -----~en~t'er'_ - --_-Tayl~r__Road~ - - ---- - - ~~ - PRIG 1, 1995 ~ fitmsh:P 37 Ran~e a-~/ ~ E se~~~ p3~ 28 SCYIe T/~ )( DoT c/~fo/ ~~ S ~. = 2'A~ / n~i ~eY'1n I$ ~~ate v+ta +'1 203o Tsylc~' P.d PUBLIC WORKS DEPARTMENT Pr>~E~o~uu~ual~Y ~~~~~ I~EP®~~ GATEMAN ANNEXATION DATE: September 21, 1995 PROJECT: Proposed Annexations Name of Project: Bateman Property/Taylor Road Project# PW 95021 ZONE R-2 APPLICANT: Dennis and Rayma Bateman 2030 Taylor Road Central Point OR 97502 (503) 664-1594 SUBDIVIDER/ OWNER Same as Applicant AGENT/ SURVEYOR Victor Kosmatka 3094 Wells Fargo Road Central Point OR 97502 (503) 821-0061 (Mobile) (503) 664-4596 (Residence) ENGINEER: Not Indicated LOCATION: T37S R2W WM Section 03C TL 4401 Taylor Road (Opposite Flagstone Subdivision) PLANNED ZONING: R-2 TYPE OF LAND USE ACTION: Annexation REVIEWED BY: Paul W. Worth -Public Works Technician .. 2 9 Bateman Property Annexation September 21, 1995 -Page Tvvo STREET IMPROVEMENTS Includes: Street Subgrade, Street Base, Street Paving, Street Lighting, Traffic Control/Delineation Improvements, Curbs,/Gutters, Safety Improvements, Ingress/Egress Improvements, On-Street Parking and Off-Street Parking, Delivery Truck Access, Other Transportation Requirements, Sidewalk, and bikeways. A. Existing Conditions: 1. Street No. SA 16, Street Name-Taylor Road, Street Classification- Secondary Arterial, Jurisdiction-Jackson County. C diti i ti uirements Future Re Descri to ion -Right of Way on ons x nq 60' property to property q 80'-88' property to property -Street Width 30' pavement to pavement*'* 60'-64' curb to curb*. -Moving Lane 2 2 to 4* -Parking Lanes None (gravel shoulder- north side) 0 to 2* -Traffic Volume VT/D-unknown 5,000-10,000 VT/D -Sidewalk None (north side) Required 5' .wide -Curb/Gutter None (north side) Required -Street Lights (1) South Side 22,000 Lumen - 200' spacing -Bike Way None Required *City of Central Point Comprehensive Plan *' with 4' gravel shoulder B. Discussion 1. The City of Central Point may require future widening improvements of Taylor Road to urban stands to meet Comprehensive .Plan goals. 2. The City may require applicant to enter into a Local Improvement District which encompasses adjacent properties to ensure. satisfying the goals of the Comprehensive Plan. The Applicant may enter into a Deferred Improvement Agreement or consent to a Local Improvement District to satisfy this requirement. - tS ~ Bateman Property-Annexation September 21, 1995 -Page Three II. WATER IMPROVEMENTS Includes: Mainlines, Property .Service, Fire Service, and Backflow Protection. A. Existing Conditions: 1. An 8" ductile iron waterline is located in the South side of Taylor Road. B. Discussion 1. Annexation of this property will allow the construction of a lateral waterline tap to the City water system. 2. Applicant is responsible for verifying actual water line location prior to design and construction. 3. Prior to obtaining a permit for connecting to the City water system, all System Development Charges ISDC's) must be paid. Applicant shall be required to install an approved backflow device at the vvater meter. III. SANITARY SEWER IMPROVEMENTS Includes: Mainline, Property Service, Regional System Development Charge, Local SDC, Industria'i Wastewater Permit. A. Existing Conditions 1. A 6" Sanitary Sewer is located in the north land of Taylor Road along Applicant's frontage from the BCVSA manhole near the S.W. property corner to a clean out located approximately 130' East. 2. A 36" BCVSA Regional Sewer Line traverses Tax Lot 4400 in a northerly direction. B. Discussion: 1. Annexation of this property will require Applicant to connect to the sanitary sewer system. 31 Bateman Property-Annexation September 21, 1995 -Page Four 2. Prior to obtaining a permit to connect to the sanitary sewer system, Applicant must pay any required System Development Charges (SDC's1. IV. STORM DRAINAGE IMPROVEMENTS: Includes: Discharge Basin, Wetlands Requirements, TMDL Requirements. A. Existing Conditions: 1. Griffin Creek traverses the East side of Tax Lot 4401 in a northerly direction. 2. A 24" storm drain is located in the south sidewalk along Taylor Road. Storm sewer drains into Griffin Creek. 3. The Division of State Lands Wetlands inventory has identified the side as PSSG land adjacent to Griffin Creek. B. Discussion: 1. Applicant may be required to perform additional measures with regard to Wetland Improvement Preservation. Application must be made to Division of State Lands prior to any site work. When the owner of the property being considered for annexation submits a Tentative Plan for a subdivision, additional requirements may be placed on ,this project. 32 interoffice M E M O R A N D U M to: Central Point Planning Commission from: George Rubaloff, Planning Administrator . subject: Review and Determination of Final Plat for Unit No. 6 of Jackson Creek Estates Subdivision date: September 29, 1995 The Planning Commission is scheduled to review. and make a determination on the final plat application for Unit No. 6 of Jackson Creek Estates Subdivision. Final Plat approval is based upon the plat conforming with the tentative plan and the completion of or bonding for any conditions which are required under the approval of the Tentative Plan. On August 15, 1995 the Planning Commission adopted Resolution No.326 approving the Tentative Plan for Unit No. 6 of Jackson Creek Estates Subdivision. While the City has determined that the proposed final plat for Unit No. 6 of Jackson Creek Estates is in substantial conformance with the approved Tentative Plan, the City Engineer has identified a several issues which need to be addressed by the applicant and/or the applicant's surveyor. ,,Those issues are listed on an attached report from Thornton Engineering (Items 3 through 6). The applicant is currently constructing the subdivision. A majority of the required subdivision improvements are ll91 complete at this time. The applicant is intending to enter into a bonding arrangement with the city for completion of the outstanding requirements. The applicant intends to submit a letter of credit to secure performance under a development agreement. The amount of that letter of credit would include the engineering estimate for the public improvements which are not yet complete or accepted ($222,044), and, City fees estimated at 33 Central Point Planning Commission Page 2 September 29, 1995 5% of the engineering estimate ($11,102). The total amount of the security will be $233,146. A letter of credit in that amount will need to be delivered to the City and reviewed by the City Attorney prior to executing the Development Agreement. Item A -Location Maps Item B -Application for Final Plat Item C -Resolution No. 326 Approving Tentative Plan Item D -Copy of Approved Tentative Plan for Unit No. 6 Item E -Letter from Thornton Engineering dated September 29, 1995 Item F -Proposed Resolution Approving the Final Plat for Unit No. 6 (including attached development agreement) 34 i ~ ~ e~ a~ p~NE m~ N~ V)nun! Avg -~ 01d~ l+t -~ ~ ~ \lf 6tfC r~ NOT i0 SCALE JAUC~iAi CREEK EbTATEb 1 WET N0.6 JACK9CN CREEJC EbratEb WIT NO. 4 3 -1- ~. ~- Tax Lor 372.W IOC N ScaL£ 1" = boa' City of Central Point Zoxun~ Map Adopted by C.P. City Council on March 16, 1989 (Resolution No. 1615) R--=L -RESIDENTIAL LOW-DENSITY R-1-6 -RESIDENTIAL SINGLE-FAMILY 6,000 sq. f R-1-8 -RESIDENTIAL SINGLE-FAMILY 5,000 sq. f R-1-10 -RESIDENTIAL SINGLE-FAMILY 10,000 sq. R_2 -RESIDENTIAL TWO-FAMILY R-3 -RESIDENTIAL MULTIPLE-FAMILY - NEIGHBORHOOD CONVENIENCE SHOPPING C-1 C_2 _COMMERCIAL-PROFESSIONAL C_2(M) -COMMERCIAL-MEDICAL DISTRICT C-3 ~ -DOWNTOWN BUSINESS DISTRICT - TOURIST AND OFFICE-PROFESSIONAL C-4 _ THOROOUGHFARE COMMERCIAL . C-5 -INDUSTRIAL M-1 _ GENERAL INDUSTRIAL oc~r . -REAR CREEK GREEN`NAY ~1 1. APPLICANT It` Name: Address: ~~ Box 38.4'' Cny: ~ENTrtAL PO//yT Slate: ~~ Zip Code: -99.502. Telephone: Business: ~l4-~asS Residence: 2. AGENT INFORMATION n Name:~~NIS N, FtOFFQN Kt2 ~~IORGRLt /!f< ~ ?SSOC .v /tilt. Address: In~7. 6AcT ~'AClf~aw S7tzEET Ctty: -111 ~-o ~ 2 ~ Stale: m ~ Zip Code: ~¢ Telephone: Business: '~79-4641 Residence: 3. OWNER OF RECORD (Attach Separate Sheel It More Than One). Name: - S Arv~ ~ AS A P6~LIG A-nYf- Address: City: State: 21p Code: Telephone: Business: -~• Residence: 4. PROJECT DESCRIPTION C~J ACK,SoN C/2gC-K 6STf3tFS Srtl,~pr uNITJ~IO,(~~ Type of Land Divisbn: Subdivision ^ Partition ^ Township: 3 7 S Range:~~Secifon : !~ OTax Lot(s): _000 Township:- ~Rango• _Sectlon:-Tax Lot(s): Township: Range• Sectbn:-Tax Lot(s): Township: Range• Sectbn : -Tax Lol(s): Zoning Dlsirbt: Q- I - $ Total Acreage: ~ ~ S F ~t.2 &S 5. REQUIRED~SUBMITTALS 1-c7~/ is Applbatbn Form Onecopy of a t/2 x 17 reduced plat Illation Fee ($10.00) per bt with minimum .Subdivision guarantee dated rw lalerihan 15 e of $25 days from date of submittal Written Authodly from Property Owner K Agent ^ Fo.r_t~ ip Application Process ^ Final Plat (t0 copies) ^ 6. I HEREBY STATE THAT THE FACTS RELATED IN THE ABOVEAPPLICATION AND THE PLANS AND DOCUMENTS SUBMITTED HEREWITH ARE TRUE, CORRECT AND ACCURATE TO THE BEST OF MY KNOWLEDGE. I cedtly that 1 am the: ^ Property Owner or ^ Authorized Agent of the Owner 01 the propds d ojecl site. ///~/A,,D~(/ Signature ~~ ~- "--`•"° " .Date ~/7+/SS- ~ If any wetlands exist on the site, it is the applicant's responsibility to apply for a permit to ~ ~ bivis on of State Lands before any site work begins. ACCEPTING YOUR APPLICATION, THE PLANNING DEPARTMENT WILL 3'7 ~.. . . r " FINAL PLAT APPLICATION ~~Ir~E1fE[- LAND DIVISIONS " CITY OF CENTRAL POINT PLANNING DEPARTMENT Sf P 2 Q 1995' CITY OF CENTRAL P01N7 'Y OF THIS ~~2~ r Y 8 ag "~~Fg#B t { gg~ w ~f ~~qqq~qqq~€n 4n{ I;MRj€ ~~~. a f~f~f f=~i t ~ g r~J ~ ( E~~ j ~ a w• k O~ p it 11i ~~€ w q g g I t F~ r~ ~L r~ ~I z N ~,I~„ -- i ~l~ z ~~ ICI o i i ~~ ° i L i Vl 6 MA ~(7 ~ \ ~ / , > I 1 Q . Y gyp= i~ I a W C \I ~ \~\ ' $ i' \\` ~ \` I I I ~ ~ r______ ~ ~ '~w 1 IlgaoaCG \ I _ _ ~ ~ ~ 1 W ~~ ~ 1 i i ~ ~ ~ ~ ~ a i ~ ~ ~ ~~~ :arns~~l ~~ li ~~~ W ~ ~. 1 1 1 ~ b A~ q a ~ N -- 11 I ~ ~ R f~ c(u = i M U 1 1 1 1~'OLI \ y C s ~ 1 E? F-i-+------- ' 4N F ~ ~_ --1~1 f____^_- •~^ ~ 4 r ~ N ___ i I 1 $ y bF ~I RR ~ _ ~ ~bl -Y _ It3 ~ 1 1 1`.____ Ftt 1 Al iOYCI 1 __~'__~ ti~-Iona err ~ _~ ~ 1 g ~i ^_~ 1 1 L_R __ - 1 L" ^" b n ~ F b bF~y S, P i I I - _ ~ ^ I 4 ^ - _ ~ y ~ 1 I1 1,~ :, 4 6.~ %;~ ~ g I _ = ~ ~ -~ , I 4-----"~ 1 ---,, ~ ~ ~ ~ )I i ~ i c ; F 1 '~J I ` \\ ~ I 9i - I 1 ail stGG ---l---- ~-----1 f•3 6~ 4 a 5 i . Qojoy ~ ~~ ~12'~~s JACKSON CREEK ESTATES UNIT 6 6/28/95 BREAKDOWN OF QUANTITIES ~~G~~ 9 26 9 3 pp~ . Item Quantity Unit Amount _- - -- 1 . Excavation 3226 cy $ 5.00 $ 16130.00 2 . 1"-0" Crushed Rock 968 cy 22.00 21296.00 3 . Class "B" AC 577 Tons 38.00 21926.00 4 . 4" - 0" Jaw-Run Shale 1290 cy 16.00 20640.00 5 . Curb & Gutter 2700 If 6.00 16200:00 6 . Stabilization Fabric 5810 sy 1.20 6972.00 7 . Curb Inlets 8 each 650.00 5200:00 8 . 8" DI WATER 1250 If 16.00 20000.00 9 . 4" DI WATER 115 If 13.50 1552.50 10 . 8" x 8" TEE 1 each 250.00 250.00 11. 8" x 8" CROSS 1 each 300.00 300.00 12. 8" GV 5 each 450.00 2250.00 13 . FIRE HYDRANT ASSEMBL 5 each 1350.00 6750.00_ ~. 14 . BLOW-OFF ASSEMBLY 3 each 200.00 .600.00 15 . WATER SERVICE ' 25 each 350.00 8750.00 16. 8" BENDS 2 each 170.00 340.00 17. 8" SS 1185 If 17.50 20737.50- 18 . SS MANHOLES 2 each 1400.00 2800.00 19. 4" SS 1025 If 9.00 9225.00 20 . 8" x 4" TEES 25 each 40.00 100'0:00 21. 8" CO 3 each 350.00 1050.00 22 . 15" SD 130 If 22.00 2860.00 23 . 12" SD 425 If 17.00 7225.00 24 . Open Ditch 550 If 5.00 2750.00 25 . 8" SD Private 290 If 9.00 2610.00 26. 6" SD Private 470 If 7.00 3290.00 27. 4" SD Private 440 If 6.00 2640.00 28 . 8" c:o. Private 2 :each 250.00 500.00 29. 6" c.o. Private ~3 each 200.00 600.00 30. 4" c.o. Private 5 each 150.00 750.00 31 . Street Light Installation 5 each. 1100.00 5500.00 32 . UTILITY TRENCHING (est) 1700 If 5.50 9350.00 Total $222,044.00 - ~9 STREET: MALLORY COURT LENGTH OF STREET 145 WIDTH FROM FOC TO FOC (ft) 36 THICKNES OF SHALE (M) 8 THICKNES OF CRUSHED ROCK (in) B THICKNES OF AC (in) 2 EXCAVATION (20" AVERAGE) 340.1235 cy 1"-0" CRUCHED ROCK 102.037 cy 4"-0" JAW-RUN SHALE 138.0494 cy CLASS "B" AC 59.8125 Tons CURB & GUTTER 290 If STABILAVATION FABRIC 612.2222 sy CUL-DE-SAC RADIUS of Curb (ft) 43 THICKNES OF SHALE (in) $ THICKNES OF CRUSHED ROCK (in) 6 THICKNES OF AC (in) 2 EXCAVATION (20" AVERAGE) .375.4406 cy 1 "-0"CRUCHED ROCK 112.6322 cy 4"-0"JAW-RUN SHALE 150.1782 cy CLASS "8" AC 78.02872 Tons CURB & GUTTER 270.1778 If STABILAVATION FABRIC 875.7931 sy TOTALS EXCAVATION (20" AVERAGE) 3225.441 cy 1"-0"CRUCHED ROCK 967.6322 cy 4"-0"JAW-RUN SHALE 1290.178 cy CLASS "B" AC 577.2142 Tons CURB & GUTTER 2700.178 If STABILAVATION FABRIC 5805.793 sy ~~ i DATE: 6122/95 PROJECT: JACKSON CREEK ESTATES UNIT 6 STREET: JQ-CKSON CREEK DRIVE LENGTH OF STREET 555 WIDTH FROM FOC TO FOC (ft) 36 THICKNES OF SHALE (in) 8 THICKNES OF CRUSHED ROCK (in) 8 THICKNES OF AC (in) 2 EXCAVATION (20"AVERAGE) 1"-0"CRUCHED ROCK 4"-0" JAW-RUN SHALE CLASS "B" AC CURB & GUTTER STABILAVATION FABRIC 1301.852 cy 390.5556 cy 520.7407 cy 228.9375' Tons 1110 If 2343.333 sy STREET: 14NN~4LEE DRiV~ LENGTH OF STREET 515 WIDTH FROM FOC TO FOC (fp 36 THICKNES OF SHALE (In) 8 THICKNES OF CRUSHED ROCK (in) 6 THICKNES OF AC (in) 2 EXCAVATION (20" AVERAGE) 1208.025 cy 1"-0" CRUCHED ROCK 362.4074 cy 4"-0" JAW-RUN SHALE 483.2099 cy CLASS "B" AC 212.4375 Tons CURB & GUTTER 1030 if STABILAVATION FABRIC 2174.444 sy - ~ j. PLANNING COMMISSION RESOLUTION NO. 3~(p 11 RESOLUTION GRANTING APPROVAL OF A TENTATIVE PLAN FOR JACKSON CREEK ESTATES SUBDIVISION, UNIT NO. 6 (Applicant: Tom Malot Construction Co.) (37 2W lOC, Tax Lot 3000) BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF CENTRAL POINT, OREGON, AS FOLLOWS: Section 1 Nature of Application. This is an application for approval of a tentative plan for a 25-lot subdivision in an R-1-8 district of Central Point, Oregon. The Planning Commission reviewed the application and tentative plan at a duly-noticed public he~ring on August 15, 1995. Section 2. Approval Criteria. The criteria for approval of this subdivision application are found in CPMC Title 16, relating to tentative plans and subdivisions, and in Title 17, relating to zoning and lot sizes. Section 3. Findings and Conclusions. The Planning Commission finds and determines as follows: A. Tentative Plan Requirements. The application and tentative plan herein are in the correct form and contain all of the information sequired•for the same under CPMC Chapter 16.10. B. Area and Width of Lots. The subdivision lots range in size from 8007 square feet to 10,632 square feet and all meet the R-1-8 district lot size requirements of 8,000 square feet for interior lots and 8,000 square feet for corner lots. The minimum width requirements 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. Section 4 Conditional Approval. The application for tentative plan approval for the within subdivision is hereby,. approved, subject to the conditions listed on Exhibit °A" hereto, imposed under authority of CPMC 16.10.090. Passed by the Planning Commission and signed b me in authentication of its passage this ~~ day of , 1995. Planning Commission Chairman 1 - PLANNING COMMISSION RESOLUTION NO. .3a(n (081695) ~2 ATTEST: } City epr tat've Approved by me this. ~2 y _ da~~ynnof n , 1995. ~--~la~ ~ C " ~~l~~cuQ Planning Commission Chairman 2 - PLANNING COMMISSION RESOLUTION NO. ~(~ (081695) O ' EXH/B/T "A" PUBL/C WORKS DEPARTMENT - TENTAT/VE PLAN COND/T/ONS JACKSON CREEK ESTATES, UN/T NO. 6 1. All structures shall have roof drains, area drains, and crawl spaces with positive drainage away from the structure and drain lines connected to a curb drain, or an approved storm sewer. The developer shall provide the necessary storm drainage improvements and lot grading to assure that all streets and lots will drain properly. The developer shall submit a grading plan with the construction drawings; and perform such grading and drainage improvements which satisfies this drainage condition, leaving only minor grading required for each lot during house construction. 2. The City's Engineer shall, at the cost of the developer, evaluate the strength of the native soils and determine the street section design in accordance with the Public Works Department Design Standards. The streets shall use the following design criteria: I Street Name Averaoe Dailv Traffic % Trucks Jackson Creek Drive 1,500 VT/D 5% All other Streets 1,000 VT/D 2% 3. The construction drawings for this Tentative Plan shall include a Street Lighting Plan and a Traffic Control Plan in accordance with the requirements of the City of Central Point Public Works Department. The construction drawings shall include clear vision areas designed to meet the City's Public Works Standards. The developer shall pay far all costs associated with the design and installation of the improvements specified on these plans. 4. The Final Plat shalt include a one foot access control strip at the ends of Annalee Drive and Jackson Creek Drive. 5. The construction drawings shall indicate type, size and location of water mains and fire hydrants in accordance with the City's Public Works Standards and the recommendation of the City's Fire Chief. The construction of the water line shall provide for a looped system in Unit 7. 6. The developer's engineer shall design the sewer system to serve the development of this tract and all future development tributary to this system. 7. The developer shall construct an adequately sized storm drainage system to provide for runoff onto the subdivision property and from each lot. Prior to construction plan approval for the improvements for this Tentative flan, the developer's engineer shall provide a complete set of drainage calculations for sizing the storm drainage system. The engineer shall use the rainfall/intensity curve obtained from the Public Works Department for hydrology calculations. 8. The developer's engineer shall prepare and provide the City's Public Works Department with a hydrologic and hydraulic analysis of Jackson Creek. The analysis shall determine the 100 year flood elevations in conformance.. with FEMA's "Engineering Methods for Estimating Base Flood Elevations in Unnumbered A Zones (Approximate Study Areas)."The developer's engineershall determine and provide the !~ ,. 9. ,: City's Public Works Department with the limits of the floodway in conformance with FEMA requirements. The Final Plat shall showthe 100-year flood boundary, floodway and elevations. The previous version of the Tentative Plan for this project viewed by the staff included the proposed development of the property to the vvest (Unit 7). The street layout did not appear to conform to the City's code. The applicant withdrew Unit 7 from this application. Therefore, the staff prepared this report with the assumption that the development to the vvest of this project will conform to City code and the layout of this Tentative Plan. 4 EXHIBIT "B" -REVISED per 8/15795 PC Meeting PUBLIC WORKS DEPARTMENT -CONSTRUCTION CONDITIONS ORS Chapter 468.740 requires that all developments which will disturb 5 ACRES OR MORE of land adjacent to a stream which discharges to surface waters of the State of Oregon shall as a part of the construction permitting process submit'an "Erosion Control Plan:' The "Erosion Contr•oI Plan" shall require a PERMIT from DEQ. No construction on any Tentative Plan storm drainage system can occur until authorization to do so has been granted by DEQ. 2. All sewerage system design, construction and testing shall conform to the standards and guidelines of the Oregon DEQ, 1990 APWA Standards, Oregon Chapter, and Cily of Central Point Standards. The developer shall provide the City with evidence of DEO sewer system design approval prior to issuance of a construction permit. The Developer's engineer shall provide DEO and the City with test reports and certification of the sewer system construction prior to final acceptance by the City. 3. The developer's engineer shall design the water system to provide a minimum flow of 1000 gpm at each fire hydrant. 4. The developer shall construct all utilities, streets, and other structures discussed herein, within Rights-of-way owned, or dedicated to the City of Central Point, in accordance with all rules, regulations, ordinances, resolutions and other applicable requirements of the City of Central Point for the construction of this development. 5. This review for the Tentative Plan submitted by the applicant was done so in accordance with all the rules, regulations and ordinances in effect as of the date of this review. Any modifications by the Developer of this project after City Planning Commission approval, could require re-submittal of an application, and approval by the City Planning Commission based on the recommendation of staff responsible for this review. 6. All costs associated with this development and the conditions placed on this development shall be the sole responsibility of the applicant/owner. 7. The Public Works Department and other applicable divisions of the City shall approve the plans and specifications and issue a Construction Permit prior to any construction on this project. 8. The Planning Commission will not approve the Final Plat 'of this Subdivision until Developer satisfies all conditions as herein stipulated and approved for this Subdivision or Developer has bonded to secure performance under a Development Agreement. 9. The City Public Work's Department shall approve the proposed street stationing prior to the developers engineer designing the improvements for this Tentative Plan. 10. In accordance with City of Central Point Standard Specifications and Uniform Standard Details for Public Works Construction, at least 10 days prior to the incorporation of asphaltic concrete (AC) into the construction work, the developer's contractor shall submit the proposed AC mix design to the Public Works Department for approval. The AC mix design shall be prepared by an approved laboratory. 11. Prior to final approval of the project, the developer's engineer or surveyor shall provide the Public Works Department with a digital drawing of the Final Plat property boundaries in an AutoCAD compatible format. , ~~ j ~ ~ Q i4 ~. ~ ss~~ ~~~ a~~src~~ L I ~U~~ F~V~ ~~ ~~YL~ O~V ~Z1~jIO1I1 G ~3U~~~ ~~~~~ W<l~lll11I11 ~' a ~ ' ~~ ]2 /* \ ~ O 1 ;' \ ;'• ig ~~ i I y, ;X ;3 ,, •~, ~ `, ~@, I i 1 I I O k a w 1 6 `<' g , Vii. ~.______ 1 %/~`, sF ~. J ; ~ • 5 ~~ < ,( `R~~7 I ~=`3 ! `~ ~ J ~'/~ ~i~ ~~:~yaoa ", ie~~ i I I t ~``v // s Y t / c 1 1 w tr ++ c ~c e 1 I 1 / / / G / G-` \ RJ ~ ck I cg/ \ ~- 1 I 1 r______ __ _ .~ ; ------ ~ , , 1 8~ 11 1 ai( ! ~ ~ ~ II 1__--({__;~+ ;-i/~~4 J~ "Y , n~ I ~''~ i~l~ cl~ 1 ' I, ~t I /V I~I ee O $ f 1 I 1 ~ __- - -~ ' i_ 'sd ~ 1 / 1 ; I !~t .~V ~ i ~I __ i T` `. xe ~ 4' ' i I,i n ' I I II, r.. 1 ;, A~` I ,,, I~j ~ I I 1 I!, I ai5 °^ - - - - . JJCYSON CR66R _ _I _ _ _ . _ II I ` i 1 ~~ I ~`~ i y~i i Q~~ i O);~ li I I 1 a A i >t 1, I Gr~ 1 CF9 ~ G! II I S 1 I S I ~ 'I I 1 I I 1j I I ~ ~ II 1 M THORNTON ~ENGINEfRING September 29, 1995 Susan J. Wilson Broadus City of Central Point/Public Works Department 155 South Second Street Central Point, Olt 97502 Subject: Final Plat Review Jackson Creek Estates Unit VI Dear Susan: I have completed my review of the Public Works review for the above final plat application. I have found the Final Plat to be in conformance with the approved Tentative Plan and the City of Central Point Municipal Code, with the following items still required: 1) Any final plat fees required by the Public Works Department 2) Security far the public improvements not yet constructed or accepted, for the amount of $222,044.00. 3) The developer's surveyor shag provide the Public Works Department, with a digital drawing of the Final Plat property boundary inan AutoCAD compatible format. 4) You may need some kind of assurance from the Rogue River Valley Irrigation District that this parcel has been bought out of the District. 5) The Final Plat shows a 12' P.U.E. between Lots 212 and 213, the staff report states a min. 15' easement at that location. 6) The tentative plat shows a 10 foot P.U.E, required for the extensions of the storm drain from the westerly end of Annalee Drive and from the northwest corner of Lot 213 to Jackson Creek. If this is a requirement for Final Plat approval you will need evidence of a recorded easement across the adjacent parcel. Please call me if you have any questions. Sincerely, ~~~ . ICrr .Daley, P.E. 48 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR JACKSON CREEK SUBDIVISION, UNIT NO. 6 (Applicant: Tom Malot Construction Co.) (37 2W lOC Tax Lot 3000) Recitals 1. Applicant has previously received tentative plan approval and has now submitted an application for final plat approval for Jackson Creek Subdivision, Unit No. 6, located in the southwest quadrant of the City of Central Point, Oregon. 2. On October 3, 1995, the Planning Commission of the City of Central Point reviewed said application for final plat approval. Now, therefore, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF CENTRAL POINT, OREGON, AS FOLLOWS: Section 1. The P1'anning Commission finds and determines that the final plat is in substantial conformance with the approved tentative plan. The tentative plan approval was conditioned on the construction of certain improvements. Construction of those improvements has not been completed, but the applicant has agreed to enter into a 'Development Agreement', a copy of which is attached hereto and by this reference incorporated herein. Applicant's performance under the Development Agreement shall be secured by a cash deposit/letter of credit, which is acceptable to the City. Section 2. Approval is hereby granted to the final plat submitted herein, subject to applicant's performance under the terms of the Development Agreement attached hereto. The Chairman of the Planning Commission is hereby authorized and directed to sign the final plat on behalf of the City. Passed by the Planning Commission and signed by me in authentication of its passage this day of 1995. Planning Commission Chairman ATTEST: City Representative 1 - PLANNING COMMISSION RESOLUTION NO. (092695) ~~ Approved by me this day of , 1995. Planning Commission Chairman 2 - PLANNING COMMISSION RESOLUTION NO. (092695) e. O DEVELOPMENT AGREEMENT (Jackson Creek Subdivision, Unit No. 6) (Tom Malot Construction Co.) This agreement, made and entered into this day of 1995, by and between the City of Central Point, Oregon, an Oregon municipal corporation, hereinafter referred to as "City", and Tom Malot Construction Co., hereafter referred to as "Developer". Recitals 1. Developer has previously been granted tentative plan approval by City for Jackson Creek Subdivision, Unit No. 6, as set forth in the Planning Commission resolution approving said project, which approval is subject to certain conditions. 2. Developer has now applied to City for final plat approval for said development. 3. Before. final plat approval can be granted, Central Point Municipal Code Chapter 16.36 requires, among other things, that Developer and City execute and file an agreement relating to certain improvements and repairs required to be made in the development at issue. Now, therefore, in consideration of the covenants herein exchanged, the parties agree as follows: Agreement 1. PROPERTY AFFECTED. .This agreement affects Jackson Creek Subdivision, Unit No. 6, in the City of Central Point, Jackson County, Oregon, according to the official plat thereof. This agreement shall be recorded, and is intended to attach to, and shall run with the land. In addition, all subsequent purchasers and Developer's heirs, successors and assigns shall be bound by this agreement. 2. CONSTRUCTION. Developer shall construct or cause to be constructed, at Developer's own expense, the improvements, described in and in compliance with, the following: A. The tentative plan previously approved for the project, including all conditions placed on such tentative plan approval; B. The Central Point Planning Commission resolution approving the tentative plan, including all conditions contained in such approval; C. All construction plans and specifications; 1 - DEVELOPMENT AGREEMENT (092695) J~ D. Terms and conditions contained in the City's Public Work Standards; E. Terms and conditions contained in the Construction Permit; F. All terms and conditions set forth herein; and Code. G. Any applicable provisions of the Central Point Municipal 3. SECURITX FOR PERFORMANCE. In connection with this agreement, Developer shall also submit to City, to assure their full and faithful performance of all obligations hereunder, one of the forms of security approved under Central Point Municipal Code Chapter 16.12.080. Developer has chosen the following: surety bond cash deposit letter of credit The sum agreed to secure Developer's performance hereunder is $ , which sum is hereby deemed sufficient to cover the cost of the improvements and repairs, including related engineering and incS.dental expenses, administrative expenses,, inflationary costs, and the cost of city inspections. 4. .TIME ALLOWED FOR CONSTRUCTION. Developer shall complete each and every obligation contained herein within from the date of the execution of this agreement. Said period may, in the sole discretion of City be extended, in writing, for a reasonable time thereafter. In the event that City extends the time for completion, the City may also, in its discretion, require an increase in the amount of security for performance of the project., whether it be by surety bond, cash deposit or letter of credit. 5. REMEDIES UPON BREACH. In the event that Developer shall fail, in any way, to perform the obligations required herein, City shall have all remedies available under local, state and federal law, including, but not limited to, completing or causing completion of all obligations hereunder and proceeding against Developer, his letter of credit, his cash deposit or his bond for recovery of the costs of said completion. Such costs shall include all costs and expenses described herein. 6. INSPECTION OF WORK. Developer shall provide access to City to conduct inspections, including, but not limited to, the following: 2 - DEVELOPMENT AGREEMENT (092695) a. Inspection and testing of all storm drainage, sanitary sewer pipe, water pipe and fire hydrants; b. T.V. inspection of all sanitary sewer and storm drainage pipes; c. Inspection and testing of trench backfilling for water pipes, storm drains and sanitary sewers; d. Inspection and testing of subgrade prior to placing street rock base; e. Inspection and testing of base rock prior to placing surfacing; f. Inspection and testing of the placement of the surfacing material; g. inspection and testing prior to placing any concrete; h. Inspection of other construction within public right of way or easement dedicated or to be dedicated. 7. COSTS OF ADMINISTRATION AND INSPECTION. Developer agrees to pay City for the costs of administration and inspection of the project to the extent that the same are reasonably related to City's assuring compliance with the plans and specifications, the Central Point Municipal Code, the within agreement, and all other applicable standards, rules, regulations and laws, which sums-shall be due on a monthly basis and shall be paid within 10 days of billing. Failure to pay such sums shall be grounds for withholding acceptance of completed work and/or proceeding against Developers' security for performance. Such administration and inspection costs shall include, but not be limited to the following: a. All inspections and testing done pursuant to the previous paragraph, entitled "Inspection of Work". b. Meetings with Developer, project engineer or contractor to review project, City standards, specifications, ordinances and procedures. c. Providing Developer, Developer's representative or any jurisdictional, governmental, or utility entity with information on existing conditions, facilities, and capital improvements required. d. Reviewing all construction drawings, engineering or specifications for the construction of, or modification to the construction of, the improvements. 3 - DEVELOPMENT AGREEMENT (092695) 5~ e. Reviewing existing as-built information to assist in determining the location of existing facilities. f. All costs of application review and processing, including, but not limited to, administrative and legal staff time costs, plan checks, construction inspection and preparation of agreements, to the extent that the same .are in excess of the filing fee. 8. ACCEPTANCE OF COMPLETED WORK. Upon completion of the improvements in full compliance with the tentative plan previously approved for the project, all conditions placed on tentative plan approval, all construction plans, construction specifications, terms and conditions contained in the City's Public Works Standards, terms and conditions contained in the construction permit, together with all terms and conditions set forth herein and any applicable provisions of the Central Point Municipal Code, the Public Works Director, or his designee, shall perform an inspection. If all work is found to be satisfactory, and all deficiencies, if any, have been cured by Developer, the Public Works Director shall issue a written acceptance of completed work. Upon such acceptance, the City Administrator shall be authorized to release any surety bond, cash deposit or letter of credit posted by Developer. 9. GUARANTEE OF WORK. Developer guarantees, for a period of two years from acceptance of completed work, that all improvements hereunder shall be free from defects in materials and workmanship. Prior to the expiration of said warranty period, City shall determine if any materials or workmanship .deficiencies exist, and at City's request, Developer shall repair or cause the repair of all such deficiencies. In the event there are no deficiencies, or upon approval of any necessary repairs, City shall issue a written document certifying Developer's satisfactory completion of warranty. 10. BUILDING AND OCCUPANCY PERMITS. Upon execution of this agreement and upon satisfaction of the security for performance requirements of Central Point Municipal Code 16.12.080, City may issue building permits to Developer concurrently with construction work upon the improvements themselves, under the following terms and conditions: a. Developer must, prior to commencing construction under any such building permits, or allowing the commencement of construction thereunder, furnish a survey performed by a registered professional land surveyor meeting the requirements of state law, setting out the property corners for the lot for which the building permit or permits are to be issued, with either iron pins or wood stakes establishing said corners. 4 - DEVELOPMENT AGREEMENT (092695) 54 b. Developer must submit a plan for the protection of streets and improvements satisfactory to City, and shall assume all responsibility for any additional or corrective-work that may be necessary to the improvements, as determined by City as a result of the construction performed under the building permits authorized. c. Developer must indemnify and hold the City harmless from any and all liability by reason of the issuance of any such building permits or any injuries or damages incurred by any person by reason of construction under the permits or any claims of any sort arising out of the issuance of the building permit and construction performed thereunder. d. No Certificate of Occupancy will be issued by City until final completion, approval and acceptance of the improvements by the City, in accordance with the entire Development Agreement. e. Developer shall not sell any of said lots or enter into any agreement for the sale of any such lots, unless he has first furnished to the City written proof of the fact that he has advised a purchaser or prospective purchaser that no certificate of occupancy will be issued by City until completion, approval and acceptance of. the improvements by the City, in accordance with the entire Development Agreement, and agreed to assume full and complete liability and hold City harmless by reason of the refusal by the City to issue any such certificate of occupancy until the provisions of the Development Agreement and Central Point Municipal Code Chapter 16.36 shall have been met. f. Neither Developer, nor any person on his behalf, shall allow another person to occupy any lot or improvements thereon until City has issued a certificate of occupancy. 11. HOLD HARMLESS AND INSURANCE. Developer agrees to hold harmless City and its~duly elected and appointed officials, employees, agents and assigns from any and all liability or responsibility by reason of any omissions, errors, or deletions on the plans and specifications for the improvements or the construction thereof, and shall indemnify the same against any such liability or responsibility. Developer shall obtain and maintain a policy of liability insurance coverage with policy limits in the sum of not less than one million dollars ($1,000,000.00) combined single limit, naming City and its duly elected and 'appointed officials, employees, agents and assigns, as insured parties therein. 5 - DEVELOPMENT AGREEMENT (092695) e3 12. MISCELLANEOUS PROVISIONS. This agreement contains the entire agreement to which it relates and supersedes any prior written or verbal agreements or representations; this agreement shall be binding upon the .parties and their agents, successors and assigns; Developer shall not assign his rights under the terms of this agreement without the express written approval of City. In the event either party institutes legal proceedings for the purpose of enforcing the within agreement or seeking damages for the breach hereof, or to recover the cost of .completion of the improvements described herein, including an action against Developer, his bond, cash deposit or letter of credit, the prevailing party shall be entitled to recover attorney fees and costs incurred at trial and on appeal in reasonable sums to be determined by the respective courts. 13. GRANTING FINAL PLAT APPROVAL. It is understood by the parties that upon execution of this agreement and related documents, City will issue final plat approval. EXECUTED IN DUPLICATE, each party retaining an original. City of Central Point, Oregon By Mayor Rusty McGrath Tom Malot Construction Co. By Tom Malot Authorized Representative STATE OF OREGON ) ss. County of Jackson ) On the -day of , 1995, before me personally appeared Rusty McGrath and , who., being first duly sworn, each for himself and not for the other, did say that the former is Mayor of the City of Central Point, and the latter is the of the City of Central Point, an Oregon municipal corporation, and that the foregoing instrument was signed on behalf of said municipal corporation by authority of its City Council, and each of them acknowledged the foregoing instrument to be his or her voluntary act and deed. Notary Public for Oregon My Commission Expires: 6 - DEVELOPMENT AGREEMENT (092695) 56 X11 STATE OF OREGON ) ss. County of Jackson ) On the day of , 1995, personally appeared before me the above-named Tom Malot, and acknowledged the foregoing instrument to be his voluntary act and deed. Notary Public for Oregon My Commission Expires: 7 - DEVELOPMENT AGREEMENT (092695) 5 "1