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HomeMy WebLinkAboutPlanning Commission Packet - August 2, 2005''$$ $ R@~. !~8§pp ffiT ~f ~~g'Q p~~ ~F'Y F{~~ti A[~. t3~)~gg~~S5W .'~tr~~tri ~?, :jilt?` ;':i)0 lr.rrr, _ ~' t•>;i 1'i,niils>, ~`',t)ll~ril . ~, i~_I3~~'~F':~cg C<~.~l,l';I~ 1~~`~ (alt~~l~;~ II, :dbf~l:t: (':~l,l: ~,tiC'll.~; ;1'lt), /V4?(',I1]~ltl ,~iil1Cl~' ~';~Il, T)lltllli111 )l~iill'l, ti;1aCtC l..i''~', 1.~, ~~Ott I~Iii11~%irl.((' ~hL1llw I'il~311(T, r,lili A. Rev%ew and aptaroval of July 5, 20{}5, ('i ~ . n?_1] ti clll>,lllssic]n '~1 i]ut~s ~'1[r1~~ APPEA' ACES A. I'Lli)lic l~earin to e~n~idct' an ai)~)lic~ltii)rl {)l~ a nlnor ~)at iitcll], T;lc I)l~~rc~e cli? this ~CI)i)~liljilt~l] 1StQ ~iL"~1tC t}lI'i:l' II1tilVlUll~l~ ~)<1C~i;i~, i1S'() ()f`~~'}lll;).',xill~ t?L' (]C'~lf.?,ilil;C;ij £iS C)~^jt'il ~h~).~:c ~ll]t3 ~nlc i~al~ccl ~~~hich «~il be fllrtJli;l~ sllbdividcil ill the i,ittli~c. ~I~hc i)1~(~pc;fl~ °s P s l-l~r ~ lo(il)e(.i. ~'ll~liil i~l(: ~«"111 t_,1'Cl'hS ~a~i.(~-1- I~~iAIl ~lt't'~l (liili 1~ 1C'~l:llillli;(~ ()I? 1}1 (; )dC:~\~!?} County As~cssol~s lnai) a5 3"1 2 ~, Tam Lets 203 alli~ 2~4; ji` ?~~' .?LAC`, ~1~ I:ot:; 33003 and 340}; and a 2 3CI), Tax Lot 124, ~i. C7I`w~'t~l~~~T:'~ ~~'t1 oI` ~_ i)lll~lic hcalin~ tt~ cc)ll~i<rer aplleatiorl~ f~lra illin(sr pal iitfcrrl apt)licatic>n all<i a ~tlbcii~ isi~)n v:il-i~lnc.c <t;~I)lic:<liiorl. Tlaepil,~osir c)tlle~c tli)i)lic~ll:ic)11~ i~; tt~ I'(;ilfl% ~~~,%i7 lLli1 )<)tS, fi]C Vi1i'12I1Cti 11~)1)i1G~1~101) 1;1 60 ~"~~~~i [I'i)111 ~~lv 1I111111i1t1111 ~I>:Cr T'gs 17-32 i~L;tillil~Cillc111 for a '`fi~l~ lUt" cclllli`ilration, rl ilc L)loEl~! iy i~ idcntific~, o;l tLle Jacksc)1~ Cc)~lnt Ass~~or's mad as 3? 2~~' 11LL?, Tax Lot 16~~1. The adcir(:~s i~ 512 23ea1~ Lane. r~cas3o2os C. Public hearing to consider a Tentative flan application and a Planned Unit Dcvclopment application. The purpose ofthese application is to create 6 single l'a~nilyresidential lots. cgs ~~-~~ The property is located within an R-1-6, Residential Single ~'aznily zoning district, It is identified on the Jackson County Assessor's reap at 37 2W 1 UDC, Tax Lot 1010, VI. MI~CELLANE4US VII. ADJCI~[7RNMENT rc~soaos Planning Comnrissiarz h~inutes July S, 2t1t15 Page 1 City of Central. Point Piax~ning Commission Minutes July ,~, aaa5 ~. MEETING- CALLED TO ORDER AT 7soo P,M, II, ROLL CALL: Chairperson Connie Moe~ygemba, Damian Idiart, Mack Lewis, Scott Mangold., Chuck Piland and Wayne Riggs were present. Candy Fish arrived after roll call and approval of minutes. Also in attendance were: Dave Alvord, Community Planner; Don Burt, Interim Planning Manager; Matt Samitore, Development Services Coordinator and Lisa Morgan, Planning Technician. III. CORRESPONDENCE There was correspondence distributed related to Items A, B & C. IV, MINUTES Commissioner Mangold made a motion to approve the minutes from June 2~., 200,x. Commissioner Idiart seconded the motion, ROLL CALL: Idiart, yes; Lewis, Abstain; Mangold, yes; Piland, abstain; Riggs, yes. Motion passed. V. PUBLIC AP`PE:AItANCES There were na public appearances. VI. BUSINESS A, Public hearing to consider Planned Unit Development and Tentative Flan applications for the purpose of constructing 9~ single family detached residences to be known as White Hawk Estates. The subject property is located north of Beebe Road, east of Gebhard Road and west of Hamrick Road and is identiCed on the Jackson County Assessor's map as ~~ 2W a2, Tax Lots 200 & 2"x'01, APPROVAL FOR THESE APPLICATIONS IF GF~~NTED WOULD BE CONTINGENT I7P'ON GRANTING FINAL APPROVAL OF A PENDING ZONE II!IA.P .~~.MENDMENT .APPLICATION. Plaruairzg Cantrzzissiprt Mizstttes ,rttry s, 2©~s Page 2 Commissioner Fish and Commissioner Riggs made site visits. David Alvord, Community Planner presented the staff report and criteria for this application. There were questions regarding traffic and the capacities of Beebe and Gebhard Roads. Matt Samitare, Development Services Coordinator; explained that by the year X006, there should only be about ~. houses built and traffic measures should be in place by then. Mr. Samitore made reference to the memo from Tom Humphrey, Community Development Director addressed to the Commission regarding the mutual expectations between the City and the Developers of Business Items A & B for road improvements. The memo was distributed prior to the meeting. It also discussed the back ground behind the City Council's traffic questions during the zone map amendment application approval for White I hawk Estates. The City will be taking over jurisdiction of these roads and they will be improved to City standards as a collector street. Items A & B of this memo is intended to amend recommended Condition of approval # 6 under the Public Works ,Staff report for White Hawk Estates. The applicant has gone above and beyond with R-(~-W, pathways and open space dedication. The improvements of C~bhard and Hamrick Roads will be moved up to a YS~ Tier priority status next budget year at which time the City will take over jurisdiction. Tony Weller, agent and Ralph Tahran, architect for the applicant's came forward. Mr. Weller stated that a great deal of consideration had been given to the road connection, access, and circulation for now as well as in the future towards the transportation framework. They have dedicated approximately 2 acres for R-C}-W and open space. A Planned Unit Development allows for a unique subdivision versus a standard cookie cutter subdivision. Mr. Weller and Mr. Tahran presented the sketches for building elevations, landscaping and other architectural elements of White Hawk Estates. Mr. Weller explained the inter-relationships formedwith owners and applicants ofadjacent development lots. He stated the importance behind the pre-planning meetings. Mr. Tahran stated that there are 6 different housing types; every detail has been pre- plannedincludingthe landscaping. They decided on different housing types, yet each home will be consistent with the neighborhood and can tie in a common theme with two different Planning Corrernission Minutes .Tiny 5, 2t1QS Page .~ types of stonework, The houses will be 3--4 bedrooms. There will be 4-,~' between lot area and alley. Garages will be staggered to create a unique appearance other than an alley. The have discovered with similar developments that aIleyways become "visiting" areas between homeowners. The maneuverability isbetter than standard parking lot requirements. The fences will be 6' high, The pedestrian focus will be in front of homes. Qpen space would be in the middle of the development with a low landscaped burm surrounding it. There will private courtyards in the back made of textured concrete or block. and the smaller courtyard required a lot more design work since every inch matters. Some examples given were waterfalls or unique lighting. Mr. Duncan, Developer/owner, will act as the architectural review committee to ensure that every detail of this plan is carried out. There will also be strict guidelines and CC & R's. Alleys are designed to be two directions, rather than one way. Mike Duncan, Developer jowner re-stated that there would be 6' high fences. Sorne subdivisions can have as many as 24 different builders, so his involvement in the architectural review of each home will be difficult, but will ensure the end result of quality. No one came forward to speak in favor of or against the application. The public portion of the meeting was closed. Commissioner Mangold made a motion to adopt Resolution b58, approving Planned Unit Development and Tentative Plan applications, based on the standards, fiiindings, conclusions and recommendations stated in the staff reports, in addition to the fallowing condition: ~.. .Items `A' and `B' of the memo dated July 5, 2005 replaces Condition of Approval # 6, under the Public Works Staff report. Commissioner Fish seconded the motion ROLL CALL: Fish, yes; Idiart, yes; Lewis, yes; Mangold, yes; Piland, yes, Riggs, yes. Motion passed. B. Public hearing to consider Planned Unit Development and Tentative Plan applications for the purpose of constructing b3 single family dwelling units to be known as Gebhard ViIlage. The subject property is located north of Beebe Road, east of Gebhard Road and west of Hamrick Road. It is identified o n the Jackson County Assessor's map as 37 2W 02AA, Tax Lot 2800. APPROVAL IF GIt,A-:1V"ItiD WOCILD BE COlrl'TINGEI~~'I' ZTI'ON GRAly'TING tTNAL APPROVAL OF PENDING COMPREHENSIti'E PLAN & ZONE 1VI.AP AMENDME~ .APPLICATIONS. Plr~rrrring Carxrnissiott r~fisnrres Jul,~~ 5, 2t1p5 Pcx~e ~ Commissioner Mangold made a site visit. David Alvord, Community Planner; presented the Planning Department staff report. Commissioner Mangold asked questions regarding the applicant's request for a ~2' wide street with landscape rows rather than ~,~' wide streets. Mr. Samitore explained that Public Works is changing the requirements for this development to be the same as required for White Hawk Estates. Mr. Sarnitore referred to the same Memo dated July ~> 20©,~ andthat most of the purpose of it was addressed with the previous approval for Whi#e Hawk Estates. He also stated that the applicant of this development would be responsible far ,~o % of engineering costs, which will become the basis for the improvements of Gebhard Road. The engineering casts would be equivalent to the cost of constructing an asphalt bikeJpedestrian path from the McMurray property east to the IHamrick Roadright-of--way on the north side of Beebe Road. Herb Farber, agent for the applicant stated that Planned Unit Developments are the only way to allow for different housing types. Mr. Farber concurred with Public Works requirement for ~~' wide streets. The only difference between the two however is having xa' wide travel lanes versus ~.~' wide travel lanes. Mr. Farber clarified an earlier question that the developer anticipates using the setback requirements of the R 2 zoning district. The zero lot line homes will not have setbacl~s between the homes. The public portion of the meeting was opened. Christine Greene, a resident on'Twin Rock Drive is concerned about the home that wouldbe built an Lot # x. She doesn't want to lose the sunlight. Mr. Farber explained the setbacks and howwindaws on the second floor couldbe frosted or opaque glass to help ensure privacy. No one else came forward to offer comment in favor of or against the applications. The public portion of the meeting was closed. Commissioner Idiart made a motion to adopt Resolution FiSg-, approving Planned Unit Development and Tentative Plan applications, far C~bhard Village based an the standards, findings, conclusions and Plan~~irsg C'otrimission Minutes July S, 2t1~5 Page .5 recommendationsstated inthe staffreports, in addition to the following conditions: 1, Items `A' and `B' of the memo dated July 5, 2005 is a Condition of Approval, under the Public Works Staff report; and 2. Developer widens the roads from 52' to 55', Commissioner Mangold seconded the motion ROLL CALL. Fish, yes; Idiart, yes; Lewis, nod Mangold, yes; Piland, yes, Riggs, yes. Motion passed, C. Public hearing to consider a Tentative Plan application for the purpose of creating 5 Single Family parcels to be known as Pear Tree Estates, a standard subdivision, The subject property is located north of Beall Lane, west of U5 highway 9g, south of Timothy Street and is identified on the Jackson County Assessor's map as 37 2W xoDA, Tax Lot b3oo. Commissioner Mangold made a site visit, Zisa Morgan, Planning Technician presented the Planning Department staff report. She referred to the revised Tentative Flan distributed prior to the meeting. The revised plan reflects the correction needed for Lot 2 in the staff report to meet the minimum Iot size requirement for Lot 2, as discussed with the applicant prior to the meeting. Ms. Morgan explained the applicant's request to have the sidewalks constructed within the dedicated easement area, rather than the right-of way, The proposed curb-to-curb area meets City standards. Staff recommended granting this request in order to provide overall consistency with the development to the south and the completion of Rita Way. Setbacks would be measured from the back of sidewalk rather-than property Imes for Lots 1 & ~. The public utility easement will have to extend into Lots 3 & 4 to provide utilities to them. The portion of John Wayne Drive, north of Rita Way will have to be widened to 24' from the 21' as currently outlined on the Tentative Plan. Matt Samitore stated that the applicant would also be required to sign a non-remonstrance agreement for the formation of a LID for the purpose of Snowy Butte Zane improvements. Stan Harris, Applicant/owner spoke and concurred with the staff reports. The public portion of the meeting was opened. Bud Shirley, a resident of Timothy Street expressed concerns with atwo-story home being constructed. The setback requirements for two story homes were explained. Mr. Harris is willing to put in Leland Cypress along the northern and eastern propex-ty lines of this development to eliminate any privacy concerns. Plarrrring Camrrrission Minutes July S, 2Qt3.i Page S No one else came forward in favor of or against the application. Chairperson Moczygemba closed the public portion of the meeting. Commissioner Piland made a motion to adopt Resolution 5fio, approving a Tentative Plan application, for Pear Tree Estates, based on the standards, findings, conclusions and recommendations stated in the staff reports, in addition to the fallowing conditions: ~. Applicant must sign anon-remonstrance agreement for the formation of a LID; 2. Applicant must widen the Jahn Wayne Drive north of Rita Way firorn 2i' to 2,Q.'; and ~. Applicant will plant Leland £`yp'ress along the northern & eastern boundary of the development. Commissioner Riggs seconded the motion RQLL CALL: Fish, yes; Idiart, yes; Lewis, yes; Mangold, yes; Piland, Yes, Riggs, Yes. Madan passed. VII. MISCELLANEtJUS Matt Samitore gave an update that the Council will be considering the formation of a LID on July x4, 200 to improve Snowy Butte Lane from Timothy Road to Beall Lane with a de -acceleration lane off of Beall Lane. David Painter had questions regarding the safety of backing out onto shared driveways, Mr. Samitore answered Mr. Painter's question. VIII, ADJOURNMENT Commissioner Filand made a motion to adjourn the meeting. Commissioner Mangold seconded the motion. ROLL CALL: Motion passed unanimously. Meeting was adjourned at g: ~.o P.M, aJ~ `~~~r ~i~u - ~%~.r~ina~ ~~~~eti~m - STAFF REPt~RT T(J: Planning Corn~€nission ~~- CENTRAL POINT FROM: Lisa Morgan, Planning Technician Planning Department Tom Humphrey, AlCP, Commu~'~ity Development Direetart Assistant City Administrator SUBJECT: Public Hearing Tentative Plan for a ~n%nor partitican located near Pine Street station Subdivision. DATE: August ~, 24(}5 SUBJECT: AnnticantJClwner: Twin Creeks Development Co., LLC P,4. Box 3577 Central Point, CJr. 97542 Agent;, Herbert A. Farber dba Farber Surveying 431 dak Street Central Point, C?r. 97542 Snmmary: The applicant has submitted an application for a minor partition. Lots 1 and 2 are being created for open space. Lot 3 will be further subdivided in the future for develop€nent with a zoning designation of HMR, High Mix Residential and A4MR, Medium Mix Residential. Authority: CPMC 1.24.054 vests the Planning Commission with the authority to hold a public hearing and render a decision on any application for a Tentative Plan. Notice of the Public Hearing was given in accordance with CPMC 1.24.060 (Attachment 4fA"}. A livable Law: CPMC 16.14,014 et seq. -Tentative Plans CPMC 17.65 et seq. - T£?D Districts & Corridors Discussion: The appticant/agent has submitted a Tentative Plan application for the purpose of creating three parcels. {Attachment 4~B"} Two of the proposed parcels will be far open space which will consist of approximately 7.81 acres. Lots 1 and 2 will also be used for the future realignment of Griffin Creek which is approximately 85°lo complete}. Lots 1 & 2 wilt be separated by right-of--way area to be 1 ~ ;~' j~~ ~ J~ Planning Department STAFF REPC)E~T ~~~ `~~~/""~- Tom hiurnphrey,AICP, ~~"'y ~ ~~ Ccsmmunity i~evelopment q'srector/ ''~~// Assistant City Administrator dedicated to the City far the future extension of Haskell Street. This portion of Haskell Street will not be extended until the realignment of Griffin Creek is complete. Haskell Street will have a bridge aver Griffin Creek. The applicant will be responsible far constructing the bridge and the remaining portion of N. Haskell Street prior to development of Lot 3 as outlined in the Public Works Department Staff report. Lots 1 and 2 are in the I (?C1 year floadplain. The open space is also intended to serve as a buffer between the adjacent lower density residential uses and the future higher density and low impact commercial uses of Lot 3. The applicantlagent has already began the process with the "fate of ©regon Land Conservation Department to put a conservation easement on Lots 1 and 2 to further protect the environmental features of this open space. Lots 1 & 2 will also be dedicated to the City. Lot 3 consists of 5,26 acres and will eventually be subdivided far future development with HMR, High Mix Residential and MMR, Medium Mix Residential zoning and wi11 most likely be an additional Phase of the Pine Street Station neighborhood. A portion of proposed Lat 3 currently has an active Conditional Use Permit granted in February, 2U45 far temporary RV parking far Twin Creek Residents. This partition will not be final platted until this portion of Haskell has been completed. This application for a minor partition is consistent with the approved Twin Creeks Master Plan. Tentative Plat CP.tYIC .16.1(1, 414 requires that appticativns for tentative plans be submitted with improvement plans and other supplementary infarmatir~n as may be needed ttr indicate the development plan. 2. Public Works (Attachment "C"} ,Building Department (Attachment "D"} outside agencies {Attachment "E"} Planning Department (Attachment "F"} have reviewed the tentative plan for the proposed partition and the findings of fact and determined that the project meets all City standards and requirements subject to the recommended conditions in attachments C-F. Since there is not development associated with this application at this time, there are not any other criteria applicable to this application. Recommendation: Staff recommends that the Planning Commission take the fallowing action: l .Adapt Resolution Na.~~ approving the t, subject to the recommended canditians of approval. (~~ ~°- ~~~ PEanning Depar~men~ _ 1'om l-lumphrey, AICP, STAFF REPORT ~EI'~TR~AL ~~ ~~ Community C~eveEapment bir2ctor/ Assistant City Administrator A~#RC~3 ~EBIt~S: A. Notice of Public Hearing B. Copy of Tentative Plat C. Public W arks Staff Report ~. Building L}epartment Staff Report E. C)utside Agency Comments F. Planning Department Conditions of Approval ~^~~'"'r~~~ PLANNING L7~EPARTIVI~E'NT ~~ ~ ~ 7T 'rom Humphrey, AIGP Commun'sty Development Director Ken Gerschler Gammunity Planner Dave Atvord Gammunity Planner Lisa Morgan Plann'sng Techn'scian Nance at Public Hearing Date of Nance: July ~ 2, 2tIU5 Meeting Date: August ~, 2005 Tirne: 7:Ofl p.rn. (Approximate} Place: Cents[ Point City Nall 155 S. Second Street Central Point, Oregon NATURE OF MEETING Beginning at the above time and place, the Central Point Planning Commission will review a Minor Partition application. The purpose of this application is to create three individual tax lots, two of which will be designated as Open Space and one parcel which will be subdivided in the future. The property is located within the Twin Creeks Master Plan area and is identified on the Jackson County Assessors map as 37 2W 3C, Tax Lots 203 and 2014; 37 2W 3DG, Tax Lots 3300 and 3400; 37 21N 3GD, Tax Lot 124. Pursuant to (7RS 197.703 (3} {e}, failure to raise an issue during this hearing, in person or in writing, with sufficient specificity to afford the decision-makers and the parties an opportunity to respond to the issue will preclude an appeal based an that issue. NOTICE Tfl MORTGAGEE, [.IENHGII_DER, VENDOR flR SELLER: flRS CHAPTER 215 REQUIRES THAT 1F YOU RECEIVE THIS NOTICE 1T MUST BE PROMPTLY FORWARDED TO THE PURCHASER. This native is being mailed to property owners within a 200 foot radius of subject property. CRITERIA FOR DEC1SlON The requirements for a Minor Partition application review are set forth in Chapters '13.36 of the Central Point Municipal Gade, relating to General Information and conditions of the pro}ect approval. 4 1. Any person interest in commenting on the above-mentioned land use decision may submit written comments up until the close of meeting scheduled for Tuesday, August 2, 2flfl5. 2. Written comments maybe sent in advance of the meeting to central Paint City Nall, 155 South Second Street, Central Point, C}r. 97502. 3. Issues which may provide the basis for an appeal on the matters shall be raised prior to the expiration of the commen# period noted above. Any testimony and written comments about the decisions described above will need to be related to the proposal and should be stated clearly to the Planning Commission. 4. Copies of all evidence relied upon by the applicant are available for public review at Gity Hall, '155 South Second Street, Central Point, Oregon. The City File Number is fl5fl59. Copies of the same are available at 'I 5 cents per page. 5. For additional information, the public may contact the Planning Department at {541 } fi64-332'1 ext 292. SUMMARY U-F PROCEDURE At the meeting, the Planning Commission will review the application{s} and technical staff reports. The Commission, will hear testimony from the applicant, proponents, opponents, and hear arguments on the application{s}. I# allowed, any testimony or written comments must be related to the criteria set forth above. At the conclusion of the review the Planning Gornmission may approve or deny the application{s} as submitted. 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PROPERTY r3 ZONEp Ft4rR, NMR, 65 - ctlurEAm rrr~ERru ~ 2 cEar - 5%rALiESr PARCF'[. 2.56 Ap2E'a AYERAOE LOr Sr2E 4.35 ACRES - s PAaceas - T6rAL AcERACE Txae Ames - PARQ'L.S Z AND 2 ARE rRTENOEO T6 $ePARAtE THe p>Ett SPACE tANO FROr~r T{~ cum THAT wru 6E oELEtoPEp, - PARCEL 3 NRE BE REP(.ir7Et7 rX.'GE UELELCF%tEMT H.AN5 HALE SeER fi!(ALr2ep. RFASS'1'E'gtt27 PROFE:55I4TiAL LATH} SURVEYOR ORE40N JA.Y 26. 1945 FE7C:XRt~1~ttL3R R£NEK"Ai DATE T2-3S-OS Scrrveyed by PARSER & SONS, INC. dba F"ARSER SURVEYING (541) 684-»5599 A. L1. BOX 928G asr aAK srR~Er CENTRAL f'OiNT, OREGON 92502 SCALE: t" = too' pArE: MARCH 29, 20OS JCYES NO.: 0554-95 Rti fX51tt%t*xH Idr111'ws PKx%x ucivrnaonmmY,4 SA+:r'* ~swrxrx~l+RCmy+.w.c*W~'+,' mrJascns 7111f}(l T(~: Planttitx~ I)~Irirt~x:crtt~ ~fti(` :it,t711t()lf ~~f~V ~:it:I1/7E3S ,C)t:)'C~, h,I~Oi°~~9: ~'uhlic ~,~Ic~rks I)c~tzrtzrte;rat ~UI3iI3t~'1-: "I'caxtati~;-e.~ ~ubclivisiott Ic)r ~7 2~~,r 0 7~;I3, 1-a:~ I~c7t I t){) az3cl 7 ~~' ~ j~'I~~x .C,t~ts 10(), 20 i ~~txl 20~ ~:znil 37 ?~~' 3llC I~ax I.crl 3i(1Q ~txci 37 2W' 3C"I) 1a~ Ltr~ I:.'4' ~ f~~lc<znt 'I-l~ itx ~`~-ccks Devclc~I)znezat C"t~., LLC I'.{J.I3c~~ ~~77 Cetxt~-al I'oir~t, ~~R 97~U2 ~~~;czti; I~'arbtz` ~Y: `~<)tzso Inc., Farmer Scarveyin<,> ~'O I3f~x _52.86. X31 Oat Sirti.ct (.;czztrczl I'oizitq (JR 975(32 Prt3~erty llcsct~~~tiati! ,~.~D li~!II~., "l~(7II;}-14II~~I.1~: ~x3d "I'(.3I.7-4pn Space ,~:oni~x~ I'r~~z~icic it~forzx~<ztit~z~ to the; 1'lanzxirt~ C`onlmissis~it and ~~~plicaxz.t (hcz-ein~~fter referred tics as ``llevelc?per"} r-c~;art3in~~ CiCy Public Vd'orks I~c~az-tn~xent (I'4~;'~)) ~iand<u•ds, rcquircn~cnts. ~trtd corzditiozzs tc> be irxclucicd in fife dcsi`=~x and dcvclf~ptuct~i of the I~roposecl. tiatlxr ixtl:ort~tatioxz i-rtxtn tl~c L3~.vclc~I~er.~I~n~,incet` retarditzg tfjc pr~hc~s~d clcvclo~tz~ent. - ~, City oi~ Cetxtral Point Public '~TJ`~r1~s T?eh~xrtrz~cnt staff R.ehc~rt is txt~t ilz.iettclcci te, replzxce tize C'ity's Stattcic~rcls ~; `~I~ecilicatic>rts. ~t~~i:I-Reports arc ~~~z-ittczx itz coordination ~~°iih the t_'itv's ~tand~arcls ~ Slsecificaticxxs to zart~ uscfrll ~,uidc. hltc City's Stand~~rds ~~ `~pc~ci~icaticns should be cotxsulteci ~:c~r any ixx~:ortnatiotx not cotxtaizxcc~. in a I'c~blic V3lor~s Si~zff IZeI)art. ~a'is~ist~ i.~~~~r,~lr~rrctc~r-ro 1. :~t!`cets: Ilaskc°II `~tr~:ct is cut`r~~tily dcsit,3ttecl ~zz~d c~ottsirt~cted gas a colicctor street. "I'he t`oad7 airtcl streets i~z`ol~osec~ in thi;; dcvclopmcn~ ~zrc: fart. of the iYzii~astr"ttctur~: itx~I~ro~~ctxaer~ts iI~<at ~~rc° X55 Guth ;Second Strec:f' Cenral p~~nf, C?R 95t~2 54?.664.3321 Tax ~~~.~~~.~~3$~# required to be completed by the applicant has part of the pre-annexation development agreement anal traffic study, 2. Water: There is an existing twelve inch water line in Haskell Street. The waterline will be extended on the proposed bridge and connect to the Griffin Qaks Subdivision. 3. Storm Drain: There are various storm drain lines within the streets surrounding the subdivision request. The Storm Drain System has been master planned with several sub- basins for an overall storm drain master plan. Twin Creeks Minor Partition The applicant is proposing a partition plat that will partition out the open space and realigned portion of Griffm Creek as well as a large area zoned TC}D-MMR and T{JD-PEMR that will be associated with next phase of Twin Creeks Crossing. The open space areas will be dedicated to the City of Central Point. A subsequent site plan or subdivision request will be required for development of Lot 3. The Public Works Department will review this request more thoroughly when a development application is submitted. Conditions of Approval 1. Right-of-Wa~ Dedication: The applicant has proposed right-of-way dedications that match the Transportation Plan for the Twin Creeks Master Plan, 2. North Haskell Street and Bridge Improvements: Applicant will be responsible for constructing the bridge and the remaining portion of N. Haskell Street prier to development of Parcel 3. 3. ~torrn Draina,~ge Infrastructure; The areas have been master planned for a comprehensive storm drain system. Standard Specr~cations and Goals The Central Point Public Works Department is charged with management of the City's infrastructure, including streets, waterworks, and storm water drainage facilities. In general, the Department's "Standard Specifications and l..Tniform Standard Details for Public Works Construction" shall govern how public facilities are to be constructed. The Developer is encouraged to obtain the latest version of these specifications from the Public Works Department. Central Point Public Works is committed to working with the Planning Department and developers to assure that all developments are adequately served by public facilities. Public facilities not owned or maintained by the City of Central Point include: Power {PP&L}, Gas {Avista}, Communications {Qwest}, and Sanitary Sewer {RVSS}. In working together it is the Department's expectation that the developer will feel free to call on the Department whenever the standard specifications are not, in the developer's opinion, adequately meeting the needs of the development. The Department will listen to the developer's concerns and work with the 155 South Sec©nd Street :Central Paint, C?R 97542 •541.6fi4.3321 ~ Fax 541.664.6384 developer to achieve the best outcome. However, the Depaz~tment is not obligated to assure a profitable development aid will not sacrifice quality for the sole purpose of reducing cost to the developer, It is always the developer's obligation to provide the public improvements necessary, as determined by the Public Works Department, to serve the developrr~ent. The Department and the developer also have an obligation to assure that public facilities are constructed so that other properties are not adversely impacted. by the development. I)evelogtnettt Plaits - Pegraired Infvrmativtr Review of public improvement plans is initiated by the submittal of 3 sets of plans that are at least 95°l0 complete. The plans shall include those of other agencies such as RVSS. Following plan review, the plans will be returned to the Developer's engineer including comments from Public Works staff. itx order to be entitled to further review, the Applicant's Engineer must respond to each comment of the prior review. All submittals and responses to comments must appear throughout the plans to be a realistic attempt to result in complete plan approval. Upon approval, the Applicant's Engineer shall submit {4~ copies of the plans to the Department of Public Works. In general, the plan submittal shall include plan and prof le for streets, water, storm drainage and sanitary sewers, storm drainage calculations, storm drainage basin map, erosion control plan, utility and outside agency notif cations and approvals. The plan may also include applicable traffic studies, legal descriptions and a to ai~ic control plan. Public T~''orJts Permit A Public Words Permit will only be issued after the Department Director approves the final construction drawings. After approval, the fees associated with the development will be calculated and attached to the public works permit. All fees are required to be paid in foil at the time the Public Works Pemait is issued, except Public Works Inspection fees. After project completion during the final plat application process, the Public Works Inspector will calculate the appropriate amount of inspection time to assess the developer. Before the final plat application is processed the developer must pay the relevant inspections fees and bond for any uncompleted improvements {as determined by the Public Works I:}irector). 7'~vin Creeks .N.ft'nvr Partition ~- .Platys Three sets of plans at 9S°lo complete stage are to be submitted for review by the Public Works Department, 2. C3nce approval is achieved the Developer shall submit four sets of plans to the Fublic Works Department for construction records and inspection. 955 Soufh Second Sfreef ~ Cenfra! P©inf, {~R 97542 ~ 54 ~. fifi4.3329 ~ Fax fi4 ~. fi&4.6384 3. The Developer's Engineer shall document changes to the approved drawings made in the field, A mylar and digital copy of the final "as-built" drawings will be required before the f€nal plat application is processed. Twin Creeks Mi"nor Partition -Protection of Existing Facilr'ties The locations of existing facilities shall be shown on all applicable construction drawings for Fublic Works projects as follows. The exact locations of underground facilities shall be verified in advance of any public works construction, in cooperation with the public or private utilities involved. 2. Ail existing underground and surface facilities shall be protected from damage during design and construction of public works projects. 3. Any existing facilities not specifically designated for alteration or removals, which are damaged during construction, shall be restored or replaced to a "same as" or better than condition, at the expense of the Developer. 4. Suitable notice shall be given to all public and private utility companies in advance of construction for the purpose of protecting or relocating existing facilities. Twin Greeks Minor Partition -- Water Connection 1. Water system designs shall consider the existing water system, master plans, neighborhood plans and approved tentative plans. The Developer, Engineer and Contractor shall provide the necessa€y testing, exploration, survey and research to adequately design water system facilities, which will connect to and be a part of, or an extension of the City water system. All requirements of the Oregon State Plumbing Specialty Code and the Oregon State Health Department, as they pertain to Public Water Systems, shall be strictly adhered to. ~. The City of Central Foint Public Works Standards ,& Specifications should be consulted for specif€c information regarding the design and construction of water system related components. Twin Greeks Minor Partition ~-Streets 155 South Second Street ~ Cerrfral PQinf, t~R 97542 •541.6fi4.3321 ~ Fax 541.6&4.6384 ~~ 1. The Developer's street designs shall consider the needs of people with disabilities and the aged, such as visually impaired pedestrians and mobility-impaired pedestrians. Every effort should be made to locate street hardware away from pedestrian locations and provide a surface free of bumps and cracks, which create safety and mobility problems, Smooth access ramps shall be provided where required. All designs shall conform to the current American Disabilities Act (ADA) or as adopted by the Oregon Department of Transportation {ODOT~, Oregon Bicycle and Pedestrian Plan. The determination of the pavement width and total right-of--way shall be based on the operational needs for each street as determined by a technical analysis. The technical analysis shall use demand volumes that reflect the maximum number of pedestrians, bicyclists, parked vehicles and motorized vehicle traffic expected when the area using the street is fizlly developed. Technical analysis shall take into consideration, transportation elements of the Comprehensive Plan, TOD, neighborhood plans, approved tentative plans as well as existing commercial and residential developments. All street designs shall be coordinated with the design of other new or existing infrastructure, Twin Creeks .Miner Partitic+n - Sturm ,Drain l . It shall be the responsibility of the Developer's Engineer to investigate the drainage area of the project, including the drainage areas of the channels or storm sewers entering and leaving the project area. zf a contiguous drainage area of given size exists, the engineer may use information that has formerly been established if it includes criteria for the drainage area at complete development under current zoning and Comprehensive Plan designations. If the City does not have such information, the engineer shall present satisfactory information to support his storm sewerage design. The engineer shall also be required to provide all hydrology and hydraulic computations to the Public Works Department that are necessary to substantiate the storm sewer design. The storm water sewer system design shall be in conformance with applicable provisions of Oregon DEQ, DSL and ODFW and United States COE and consistent with APWA Storm Water Phase II requirements. 2. The City of Central Point Public Works Standards & Specif cations should be consulted for specific information regarding the design and construction of storm drain related components. Twin Creeks 111irror PartitivM -Required Submittals l . All design, construction plans and specif cations, and "as-built" drawings shall be prepared to acceptable professional standards as applicable, the Developer shall provide copies of any pezmits, variances, approvals and conditions as may be required by ether agencies, including, but not limited to Oregon Department of Fish and Wildlife {DFW), Oregon Department of Environmental Quality (DEQ), Oregon Division of State Lands (DSL~, Oregon Department of Transportation ~ODOT) 155 Soufh Second Sfreef ~~ Centaa! Poinf, C?R 9T5C12 ~ 54 ~. 664, 332 ~ ~ Fax 54 ~. 664.6384 ~~ approval for storm drain connection and easement, landscape berms, U.S. Army Corps of Engineers {ALOE}, affected irrigation districts, bear Creak Valley Sanitary Authority {RVSS}, and Jackson County Road and Park Services Department {JC Roads}, DSL and ALOE, as applicable {wetland mitigation}. 2, Fire Distrrct No. 3 must approve all streets and water improvement plans in writing prior to final review by City PWI~. 3. During construction, any changes proposed shall be submitted in writing by the L)eveloper's Engineer to the City Public Works Department for approval prior to installation. 955 Soufh Second Street ;n. Central Poinf, C)R 97502 •541.6fi4.3329 ~ Fax 541.&fi4.6384 l~. \/~T 1 V.~. ~~~ 11\~~ ~~J~j~{T BUILDZN~ D~PATZ.TMENT STATi~t` I~E~'(~RT APPLICANT: Name: TWIN CREEKS DEVELC}PMENT CO. LLC Location: 37-2W-3C TL 203.244 AND 37-2W-3DC TL 33fl0 3440 AND 37-2W-3C0 TL 124 - T City: CENTRAL PANT State: DR Zip code:~_9T542 C7WNER; Name: SAME PROJECT DESCRIPTION: Plannin #ile no. 45459 -Twin Greeks Minor Partition within Pine Street Station BUILDING DEPARTMENT COMMENTS: 1, Applicant, agent and contractors must comply with all current State of flregan adopted caries, 2. if a private storm drain system is proposed it must be reviewed and a permit issued by the Central Point Plumbing department. 3. Any private street lighting must be reviewed and permitted by the Central Paint Electrical Department. 4. Provide the building department with a Geatechnical report as required by OSSC Appendix J and chapter ~#~ and Chapter 4 of the 4DSC. A written report of the investigation shall include, but need not be limited to, the following information: a. A plat plan showing the location of all test borings and/ar excavations. b. Descriptions and classifications of the materials encountered. c. Elevations of the water table, if encountered. d. Recommendations for foundation type and design criteria, including bearing capacity, provisions to mitigate the effects of expansive soils, provisions to mitigate the effects of liquefaction and sail strength, and the effects of adjacent loads. e. When expansive sails are present, special provisions shall be provided in the foundation design and construction to safeguard against damage due to expansiveness. Said design shall be based an geotechnical recommendations. 5. Grading! excavation permits are required in accordance with 4SSC Appendix J and chapter 18 and 4DSC chap#er 4 regarding any fill material placed on the site. Fills to be used to support the foundation of any building ar structure shall be placed in accordance with accepted engineering practice. -~- ~~ C~.TY ~F C~I~TI~.AL PQ~~TT B~~LD~NG D~~'A~Tl1~~NT STAFF REPORT Twin Creeks Minor Partition {within Pine Street Station} A soil investigation report and a report of satisfactory placement of fill {including special inspections of placement of fill and compaction} acceptable to the Building C}fficial shall be submitted prior to final of the grading/excavation permit. Building permits will not be issued until gradinglexcavation permit is finalled. Exception: 'l . The upper 1. 5 foot of fill placed outside of public rights-of-way. 2. The upper 1.5 foot of fill that does not underlie buildings, structures, or vehicular access ways or parking areas. £. To move or demolish any existing structures located on the property call the Building Department for permit requirements. 7. Notify the City Building Department of any existing wells, or septic systems located on the property. 8. Any development {any man-made change} to improved or unimproved real estate located within the flood hazard area of the City of Central Point shall require a bevelopment Permit as set forth in the Central Point Municipal Code 8.24.'128. This is not a plan review. This report is preliminary and compiled solely for use by the Central Point Planning Department for use in preparing the Planning Department staff report. The Planning Commission meeting is scheduled for Tuesday, July 5, 2005. Ce By _~._ Dated; April 18, 2885. /~ ~~~~l~~Y S~ltt, r~p~~ .~,. ~~ March 15, 2005 ROGU~IVALLEY SEWER SERVICES ~..cication:138 Wit 1 Tel, I~en Gerschler City of Central Point Planning 1,55 South Second Street Central Point, flxegozz 97502 fie: 'T'win Creep PaXtitioa, 3 X24, File # fl5059 Ueax ~.en, The subject property is within the managed by ~ZVS. Thexe is an existing sewer main on that cax~ provide service to Future d~ evaluated wlttera. the develop~ne~t p; peel free to call x~.e x£you have any Sincer+~ly, Carl. 'pappert, P.E. District 1ingineer K;~UA,T.A,' oad, C~tral koint - Mallz~g,Address: P.O. fox 31~, Cea~,tr~l Poizft,C`lR 975f~2-q0{?5 6~630U cox X541} 7'19^4IR4 ~A.~ {541) 614-7t'71 www.R"~'~S.u& F,t~X 664-6384 C - 243, 204; 3~2w03DC - 330{l, 344Q; 3'72~03CD se~ce area and the Stormwater Quahhty boundary Street and tlae proposed e~tensiou ofHaskell Street gat on Parcel 3. Sewer service requurexnents will be for this property are submitted. regarding dais project. ~~'i"i'~'~{.~Nl?f3t}51T~'VI~I +~~Z.EEKS 0~059.~4C l Attachment "F" Twin Creeks Minor Partition Conditions of Approval File Number: 05059 2 of 5 A final plat application shall be filed within one year of the Planning Conunission approval or the tentative lan a royal shall become null and void. 2 of 5 The applicant shaIl comply with all federal, state and local. regulations, standards and requirements a livable to this hale of the Master flan area. 3 of 5 The applicant must dedicate the proposed right-of- ways which are consistent with the Transportation flan for the Twin. Creeks Master flan. {As outlined on page 2 of the Public Works Conditions of A royal 4 of 5 Applicant will be responsible for constructing the bridge and the remaining portion. of l~. f-laskell Street prior to the development of Parcel 3. {As outlined on page 2 of the Public Works Conditions of A royal 5 of 5 The open space will be dedicated to the City of Central Point. ~ ~ ~~it~l `~ ~d ` G - `{~:~ ~"i~~25 c ~~ ~~rD~ ~~ PLANNING DEPARTMENT STAFF REPORT MEETING DATE; August 2, 2445 TO; Central Point Planning Commission FROM: Ken Gerschler, Community Planner SUBJECT: Public Hearing -Consideration for a variance to section 16,36.444 to allow a flaglot with Tess than 1,2,444 square feet in the R-2 zoning district (Map 37 2W 11DU, Tax Lot 16841), Owner: Mt, Valley 8~ Associates LLC 145 West Valley View Blvd, Suite 4 Talent, Oregon 97544 Agent: Larry Rellums 105 West Valley View Blvd, Suite 4 Talent, Oregon 97544 Ci . r Fi1e~ 45452 Surntnary: The applicant has submitted applications for a variance to the minimum Iot size for a flaglot in the R-2 zoning district and tentative plan to partition an existing 4.53 acre parcel into 2 residential lots. Authority: CPMC 1.24.050 vests the Planning Commission with the authority to hold a public hearing and render a decision on any application for a variance. This section of code also applies to applications for tentative plan. Notice of the Public Hearing was given in accordance with CPMC 1,24.464 {Attachment "A"). A licable La~~v• CPMC 16.44.414 -Variances CPMC 16.14.414 et seq. -Tentative Plans CPMC 16.36.444 et seq. -Flag Lots CPMC 17.24 et seq. - R-2, Residential Two-Family District 1lSER~1EI~ZILLAlPLl20o5 LAND USE FILEStfl5052 CItEEKSIDE {5I Z BEALL LANE}!{J5052E.DC7C 1 ~" Discussion: This application was continued from the June 21$~ 2005 meeting by the Planning Commission to give the City Planning Department the opportunity to give notice to the neighboring property owners concerning a variance that was filed along with the tentative partition. The applicant is requesting that the Planning Commission approve a tentative plan to partition a 0.53 acre parcel into 2 individual lots of 6,160 and l 5,996 square feet. By definition, the existing parcel is defined as a "flaglot" per CPMC 16.36.040; and under the provisions of code a flaglot requires that each "lot created is at least twice as large in area, excluding access, as the minimum lot size for the district"...in this case a minimut~ 6,000 square foot lot sire would require 12,000 square feet, excluding the access. Access to the lots would be from a twenty foot wide "flag lot" private access road connecting to Beall Lane. The applicant has provided findings of fact and a tentative plan. map for consideration by the Commission {Attachment "B"} and it is the belief of the applicant that an approval of the variance would result in the property being more consistent with the Comprehensive Plan and other areas within the T4D zone district where reduced lots size and easement criterion are less stringent. At the June 21S` Planning Commission meeting, several neighbors submitted comments and concerns relative to the applications {Attachment "C"). Most of the neighbors felt that the partition was not appropriate far the property because they were led to believe that the former property owner had no intention of further dividing the parcel. They further identified concerns about the road width, building siting, height anti architecture which could adversely affect property values. Findings of Fact and Cancuusions of Law Staff suggests the following findings of fact and conclusions of law as applicable to the project and necessary for its approval. Variances Applicants for variances from the requirements of this title shall have the burden of proving, by clear and convincing evidence, that their application meets each of the flowing standards: Criterion 1 That fhe strict application of the provisions of this title would result in an unnecessary ItSERVERZILLAII'L120fl5 LAND USE FILESloS052 CREEK.SIDE {5I2 BEALL LANE}lOSO52E.r}OC I i~ hardship which was not self unposed or created by action of the property owner. Finding: The project site requesting the variance and proposed partition involve a lot that was created as Parcel 2 of Partition flat P-25-244. The previous partition created a "flaglot" and the applicant was aware of this situation when he purchased the property, Other than the requirement that a flaglot lire twice the size of the underlying zone district, there is no evidence of section l6 demonstrating an unnecessary hardship, Criterion 2 There are special conditions, such as exceptional or extraordinary physical features of the property size, shape, topography or similar features, affecting the property that are not common to all property in the area. Finding: while Elk creek borders the westerly boundary of the project site, this feature does not constitute itself as an exceptional or extraordinary reason to differentiate this parcel from others in Central Point as there are numerous parcels within the general area with the same situation. The shape is not unique. There is adequate area to position the building envelope out of the special creek setback while meeting all of the other setback requirements for the R- 2district. Criterion ~ That the variance is not being caught merely to circumvent the intent of a city requirement, and that the variance, if granted, would be faithful to the spirit and intent of the regulation in question, and would not be detrimental to the public health, safety or welfare. Finding: The applicant is aware that the property is a flaglot of adequate dimensions to permit the outright construction of either a single family home or a duplex. if the variance were approved by the City, the action would benefit the applicant and would circumvent the existing city requirements by allowing the property to be divided and developed. Criterion 4 That there would be no adverse impact of any sort upon other properties within the city. Finding: This lot is zoned 12.-2, residential two-family and with this designation, the applicant could potentially construct a duplex on the parcel. if the variance were granted and partition 11SERVERZILLAII'~,l2oCr5 I.,AND USE FILES1o5o52 CREE~SIDE {St2 BEAI,J., LANE}~o5052E.DQC 1~ approved, the applicant could construct two single family residences or two duplexes which would cause atwo-fold increase the level of activity an this parcel. The neighbors have indicated their concerns that a further partition will add traffic to the narrow access road that passes between their homes and that the variance and partition will ultimately reduce land values in the area. Criterion S That there is no practical alternative to achieve the relief sought, and that if granted, the variance allows no more than the minimum amount of relief froze the regulation in question necessary to achieve relief froze the unnecessary hardship. Finding: At this time, the parcel is a flaglot by definition and there is no practical alternative that would allow the applicant to further partition the lot at this time, As noted in criterion 1, the applicant has not demonstrated the presence of an unnecessary hardship. Criterion 6 CPMC 1.7.24 establishes the minimum area, width and access requirements for the R-2, Residential Two-Family District. In this district, parcels must contain a minimum lot size of 6,000 square feet. Finding: The project site is located in the R-2, Residential Twa- Family zoning district and consists of a tentative plan application for the subdivision of approximately C}.53 acres into 2 separate fats of 6,160 and 15,996 square feet. The application has been proposed as a "flag lot" partition as defined in section 16.36.04£}. As a flag lot, the minimum lot size requirement is superseded by section 16.36.040. Criterion 7 CPMC 16.36.040 identifies the requirements for the creation of "flag fats" and states that "A} The lot created is at least twice as large in area, excluding access, as the nzinimuni Ivt size for the zoning district in wliiclt the lot is located, and; B} The access to the Ivt is nc+ less than twenty feet wide and paced with ceneent or asphalitc surface to city standards. " Finding: Parcel 1 does not meet the minimum lot size standards far a flag lot per section 16.36,04fl. Each parcel is required to have a minimum net area of 12,UQ0 square feet. The total net square footage ofthe parent parcel is 22,156 which is not sufficient to accommodate two flag fats. 1~SBRVERZILLA1r~L~2005 LANl7 USE 1"ILES105052 CREEKSIUE (512 BEALL LANIt}105052E,DCtC Criterion 8 CPMC 16.10.010 requires that applications far tentative plans be submitted 'with improvement plans and other supplementary information as may be needed to indicate the development plan. Finding: The Planning and Public Works Departments have reviewed the tentative plan for the proposed subdivision and the f ndings of fact and determined that the project has submitted the proper maps and documentation but the configuration of the proposed land division does not meet minimum lot standards. Plannin~Staff Recommendation: The Planning Commission has the following action option in deciding this matter: l .Approve Resolution denying the variance application and tentative plan. Attachments• A. Notice of Public bearing B. Applicants tentative plan and findings of factlconclusions of law C. Correspondence 1tSETtVERZiLLAU'L120{}5 LAND USE FILESi45652 CREEKSIT7E {512 BEALL LANE~105052E.DC}C ~j P "*F3 __ V.`r r +rs ~ v le ~I' ~y/ 11 A 11. ~F ~.~R R R fir/ R t A 4 ~~~,,~""'~,t~~ FI' ANNf~'~tG I~EPART`M'~EN7' f ~`~ ~ ~~ 1'orrt Humphrey, AICP ,~/ Ken Gerschler Community Planner have Atvord Community Planner Lisa Mangan Planning Technician Notice Qf Public Hearing Date of Notice: July 'S1, 2005 Meeting Date: August 2T 2445 Time; 7:40 p.m. {Approximate} Place: Central Point City Hall '155 ~. Second Street Central Point, Oregon NATURE QF MEETING Beginning at the above time and place, the Central Point Planning Commission wilt review applications for a subdivision variance and a Minor land Partition. A subdivision variance is necessary before the property can be partitioned sine the current configuration is a "flaglat". With flaglots„ the minimum parcel size must be twice the square footage of the applicable zoning district, excepting the amount of area for the access strip from the overall area calculation. This requirement would require each lot to be a# least 12„444 square feet in size. The subdivision variance is requesting an exception to this area requirement and if approved, the variance would allow the creation of two individual tax lots containing fi„'i 64 and '12,a~2 square feet. The property is located within an R 2, Residential Two Family zoning district. The property is identified on the ~lackson County Assessor's map as 37 2W 1 ~ D, Tax L.ot(s) 1 fi841. The property is located north of Beall Lane, east of Marilee Avenue„ and west of Circle Wood Drive. The address is 5'12 Beall. Pursuant to QRS '197.7fi3 {3} {e}, failure to raise an issue during this hearing, in person or in writing, with sufficient specificity to afford the decision-makers and the parties an opportunity to respond to the issue will preclude an appeal based on that issue. NOTICE TU MORTGAGEE, l_IENHC3LDER, VENDOR t"7R SEL.LErR: C3RS CHAPTER 215 REQlltRES THAT ll= YOl! RECEIVE THIS NOTICE lT Mt3ST BE RP4MPTl_Y FORWARDED TO THE PURCHASER. This notice is being mailed to property owners within a 244 foot radius of subject property. - --- 155 Sc~~th Second Street * Ce~~tz~al Point, C7R 9'75fl2 ~- {541} 664-3321 • fax: {541,} 664- 84 Community TaeveRapment Direatar ~~ The requirements for a Minor Partition application review are set forth in Chapters ~ 6.36 & '17.24 of the Central Point Municipal Code, relating to General Information and conditions of the project approval, PUBLIC CtJMM1=NTS 1. Any person interest in commenting on the above-mentioned land use decision may submit written comments up anti[ the close of meeting scheduled for Tuesday, August 2, 2005. 2. Written comments may be sent in advance of the meeting to central Point City Nall, 165 South Second S#ree#, Central Poin#, Or. 97602. 3. Issues which may provide the basis for an appeal on the matters shall be raised prior to the expiration of the comment period noted above. Any testimony and written comments about the decisions described above will need to be related #o the proposal and should be stated clearly to the Planning Commission, 4. Copies of all evidence relied upon by the applicant are available far public review a# City Hall, 155 South Second S#ree#, Central Poin#, C3regon. The City File Number is 05x52. Copies of the same are available at 15 cents per page. 5. Far additional information, the public may con#act the Planning Departmen# at {541 } 664-3321 ext 292. SUMMARY C3F PRt~CEDURE A# the mee#ing, the Planning Commission will review the appliea#ion{s} and technical staff reports. The Commission, will hear tes#imony from the applicant, proponents, opponents, and hear arguments on the applica#ion{s}. Any #es#imony or written comments must be related to the criteria set forth above. At the conclusion of the review the Planning Commission may approve or deny the application{s} as submitted. City regulations provide that the Central Point City Council be informed about all Planning Commission decisions. 1.55 Sough ~ecoa~d S~-eet ~ Central £'oii~t, f~R 97502 s (541} 664-3321 ~ Fax: X541} 664-6384 ~~ =fit 1'~dy~~,.'.,..~ 4Q~' ~,~.,, ~ ~},,,~~ ~~ a~ ~ s 1"'r ~,~~ ~ i ~. ~ i-+ .w». '"' 1 ~ ~~ ~ i ~ ~~~~ ~ ~ i ~ ~ s~ ~ ~~ ~~ V 1 1 L, ~y~x~ ~ r"~ i 1 ~. 1 ~~~d 1 ~„ ,,,~ ~s~~ ~~\ lt~i ,,, "" w ."""".~.... `~\ ~ ~~~ "+'~t l .~~ Y u.~ ~ s.~ r~rvtvl[~t~a~ Ur CHtr I 13E1'dRE THE PLANNING CUMM#SSIdN QF THE CITY OF CENTRAL PO#NT OREGON: IN THE MATTER dF AN APPLICATION FdR } SUBDIVIS#dN VARIANCE FdR THE PROPERTY } IDENTIFIED AS T3?-RZW-~.~.DD-TC.1~8fl1 } APPLICANT LARRY KELLEMS } 5CdTf' SINNER CONSULTING INC, AGENT } 1. BACKGRdUND INFdRMATION Agent: Scott Sinner Consulting, Inc, 44015an Juan Dr. Medford, flR 9?504 541-772-1.494 Aaolicant Pro e Summary: Mt, Va#Iey Associates, LI.C. tarry Kel#etns 105 W Valley View Blvd. Suite 4, Talent, flR 97540 3?2W11DD 16$01 Mt* Valley Associates, ttG, tarry Kelletns '512 Beall Lane Central Point, OR 9750 .53 Acres FINDINGS OF FACT AND CQNCLUSIONS The applicant has si~l~mitted a tentative plat fora 2 Iot partition known to the City of Central Point as the "Greekside Partition". These Finding of Fact and Conclusions of taw support the partition request with request for variance on two Code issues. The Applicant requests a variance of Central Point Municipal Code {CPMC} Section 16.3fiA40. Variance 1. 't"he Jot created is at Least twice as Large in area, excluding access, as the minimum tot size for the zoning district in which the Lot is Located Variance 2. The access to the tot Ls no less than twenty feet wide and paved with cement of asphaltic surface to city standards Relevant Approval Criteria: @ Scotk Sinster Cansuiticzg, ittc_ 541-772-#.49d YaCiance KeE[eins Page 2 of 7 FINbIN~S ~F FACT The Central Point Municipal Code (CPMC} Section 16.40.C2t? details the criteria for the approval of a request #or a variance. The Criteria #or approval are: Applicants for variances from the requirements of this title shall have the burden of proving; by clear and convincing evidence, that their application meets each of the following standard's: A. That strict application of the provisions of this title would result in an unnecessary hardship which was not self-imposed or created by action of the property owner. 8. That there are special conditions, such as exceptional or extraordinatyphysicat features of the propertysize, shape, topography or similar features, affecting the property that are not common to alt property in the area. C That the variance is not being sought merely to circumvent the intent of a city requirement, and that the variance, hf granted, would be faithful to the spirit and intent of the regulation in question, and would not be detrimental to the public health, safety or welfare. D. That there would be no adverse Impact of anysort upon other properties within the city. E. That there is no practical alternative.to achieve the relief sought; and that ifgranted, the variance allows no more than the minimum amount of relief from the regulation in question necessary to achieve relief from the unnecessary hardship. ~l11d1ngS Ctf FaCk for Variance ~.` 'The lot created fs at feast twice as large in area, excluding access, as the minimum lot size far the zoning district in which the lot is located The proposed partition of the subject Property is an infill development. The Applicant purchased the property as a flag lot created in the land use decision P-2~-2t3tI4. The Applicant requests a variance to the CPIVIC ~.6.36.tJ4t3 requiring a new flag lot must be twice as large in area as the minirnurn lot size for the zoning district. The flag lot requirements are not conducive to in#ill development and the implementation of the goal and policies on the Comprehensive Plan. This ~ Scan Stnner C+ansulting, Inc. 5 4 1-7 7 2349 4 variance xe~Eems F~age 2 of 7 2(0 F'1N~INGS ~~ FACT section of Cade has been modified far other sections of the City, the Transit Oriented District, and Staff has indicated a revision is in progress to modify the CPMC to provide for this type of infill development in the remainder of the City. The Applicant therefore requests a variance on the lot size standards for flag lots based on the following findings of fact. A. That strict application of the provisions of this #itle would result in an unnecessary hardship which was not selfi-irrtpased ar created by action of the property owner: The Applicant purchased to subject parse[ in February of 2flfl5, after the Planning Commission approval of P~25r-21104, The Applicant, whu is the property owner, did not impale ar create the action to create the existing flag lot. 8. That there are special conditions, such as exceptional or extraardinaryphys%al features of the propertysize, shape, #apography or similar features, afFecting the properCy that are not ~comman to all property in the area. The subject property is an existing flag lot, and the shape of the property is an extraordinary shape consisting of a .53 acre flag lot A review of the other parcels in the vicinity demonstrates there are no other flag lots in the immediate area_ C That the variance is not being sought merely to circumvent the latent of a city requirement; and that the variance, if granted, would be faithful to the spirit and intent of the regulatr`on in question, and would not be detrimental to the public health, safety or welfare. The approval of this request for a variance will not circumvent the Intent of a City requirement The approval of this request will promote infill development an this parcel and will more closely attain the goals and policies #or urban development as described iri the Comprehensive Plan, the Central Point Municipal Code, and purpose, lot size and design standards of the R-2 zoning district, . The. approval of this requested variance far flag Eat size will not be detrimental to public health, safety or welfare, as the sizes of the lots. as proposed exceed the design standards of the R 2 zoning district The size of the lots requested in this variance will not be detrimental to the public health, safety, or welfare, as the lots will exceed the minimum size standards for the R-2 aonirtg district_ ~ ScattSlaaer Consulting, lac. 541772-~4~4 Variance iCeF[es~ts Pale 3 Of 7 ~~ F~ND~NGS OF F/~CT D. That there would be no adverse impact of any sort open other properties within the city. Approving this variance request will not adversely impact other properties in the City. This request for relief from the size requirements of a #lag lot will allow the creation of two lots, each exceeding the 6,Ofit0 square foot minimum lot size requirements of the R-~ zoning district The CPMC describes the purpose of the R-2 zoning district as #c~llows: "The purpose of the R 2 district is to. promote and encourage a suitable environment for family Life at a slightly higher density" The, approval of this variance will not create an impact that was not anticipated by the R-2 zoning district. ~ 'That there is no practical alternative to ach%ve the relief soughtf and' that if granted, the variance allows no more than the minimum amount of relief from the regulation iri question necessary to achieve relief from the unnecessary hardship. The subject property is an existing flag lot The Applicant has consulted extensively with Staff to seek a suitable solution. to the flag lot size requirements of the CPMC. This variance request is the minimum amount of relief the achieve relief from the her"dship. The result of approving this variance is the creation of two lots, each exceeding the lease lot size standards of the R-2 zoning district Conclusions for Lot Size Variance The I`indings of 1=act discussed above addresa the approval criteria lls#ed In section x.6.40.420 of the CPMC. The Applicant has demonstrated compliance with each of the criteria, and the Planning Commission can conclude the request.for this variance of the strict application of the CPMC for the. lot size requirements for a flag lot were not created by the Applicant, that the property has an exceptional shape, the variance does not circumvent the spirit of the CPMC, and Improves safety, there will be no adverse impacts to other properties, and the request is the minimum relief from regulation required to achieve the relief from the hardship. Findings of Fact for Variance 2 Access ~ Scott Signer Consulting, inc. 541-772-1494 variance Keiiems Pale 4 of 7 28 FINa1NGS 4F' FACT The access to the lot is no less than twenty feet wide and paved with cement of asphaltic surface to city standards. The Applicant purchased the property as a parse! with a 2(3 foot access as approved by the Centra! Point Planning Commission. This application is canslstent with section 1~.a40 as the access is 2fl feet in width. Comments fram Centra! Point Public Works indicate a 21 foot wide access is required. The Applicant has made contact with the two adjacent landowners to determine is a one fact easement could be negotiated, and both declined» The Applicant therefore requests a variance on the access width based on the fallowing findings, A. That strict application of the provisions of this title would result in an unnecessary hardship which was not self-imposed or created by ac#ion of the property owner. The Applicant purchased the subject property with the current twenty fact access that was created through the partition process and design standards established by the CPMC and approved by the Central Point Planning Commission. The CPMC specifies the 2fl feat access was adequate, The 21 foot. access requirement #a comply with the standards of Public Works exceeds the CPMC requirement and the width available by one foot. The Applicant did not create the action that results !n the non conformity of the current access. B. That there are special canditians, such as excepfional or extraordinary physical features of the property size, shape, . topography ar similar features, affecting the property that are not common to all property in the area. The Property has an extraordinary shape affecting the access to the property that is not common the a![ ether properties in the area. The prior land ,division approved created the current 2d foot access to Beall lane. C 7"hat the variance is net being caught merely to circumvent the intent of a ci#y requirement: and that the variance, if granted, would be faithful to the spirt and intent of the regulation in question, and would rat be detrimental to the public health, safety or we#fare. This request for a variance seeks to satisfy the access requirements far the proposed partition. The CPMC defines the minimum access as 2D feet and Public Works comments indicate 21 feet for a private drive is required, The (~ Scott Signer Consulting, Inc. 541-772-x.494 Ya~iaESCe Kellems Pale 5 Csf 7 ~/ .FINDINGS t~F FACT private street standards are the result of a 18 foot width requirement for fire department apparatus travel and a ~: ~..f 2 foot rolled curb on each side of the AjC paving. After conferring with Public Works Staff, the Applicant proposes a 2U foot private access to include a center valley for drainage, and a PUE within the 2U' paved section. The result of approving this variance is to increase the paved travel section from 18 feet to 2Q feet and will improve fire access and safety for the area. D. That there would ~ no adverse impact of any sort upon other properties within the city. The approval of this variance wilt not have a negative impact on other properties in the City. As described above, the Applicant's proposed private drive section wilt improve safety vehicle access to the subject Property as welt as the adjoining properties to the north and south adjacent a# this access. ~. That there is no practical alternative to achieve the relief so+ughtr and that ifgranted, the variance allows no more than the minimum amount of relief from the regulation in question necessary to achieve relief from the unnecessary hardship. To seek a practical alternative to the variance process, the Applicant has contacted the two adjacent property owners to request an additional foot of property for the private access and was not able to come to an agreement The requested variance to reduce to access from 21 feet to 2fl feet is the minimum amount of relief available, and the Applicant's design for the access wilt result in a wider paved section for the emergency vehicles than the adopted private drive standard. Conclusions for Access Variance The 1*indings of 1~act discussed above address the approval criteria listed to section lfi.4G.02o of the CPMC. The Applicant has demonstrated compliance with each of the cr'~ter"ra, and the Planning Commission can conclude the request for this variance of the strict application of the CPMC for the access requirements were not created by the applican#, that the property has ari exceptional shape, the variance does not circumvent the spirit of the CPMC, and improves safety, there wilt be no adverse Impacts to other properties, and the request is the minimum relief from regulation required to achieve the relief from the hardship. Summary and Conclusion, ~ Scott Sinner Consaicing, inc. 541-772-1494 Y~riance K~lterns Pale 8 0# '~` ~i~ FIN~-INGS t~F FACT The Applicant has requested a variance for the lot size standards a# a flag lot and the width standards for a private access to a lot The findings of fact and conclusions above demonstrate compliance with the approval criteria #ar a variance as per section 16.44.p2t10# the Central Point Municipal Code. Approval of these variance requests will not create a negative Impact to any properties in the City and will achieve the goals and objectives as set forth in the Comprehensive Plan for urbanization of infill development. The Property is within the R-2 zoning district, and the reques#ed partition will create two lots, both exceeding the minimum lot size standards set forth in the Central Point Municipal Code. The applicant has detailed a design #or the private street that i# approved will create a wider paved section than the existing standard for private streets and will provide safer access for emergency vehicles for these properfies as welt as the two adjoining properties. t}n behalf of the applicant, l respectfully request the Planning Comrnissian approval of the variance for the size of a flag lot and the width of a private' access read. .Respectful , Scott Sinner, President Scott Sinner Consulting, Inc, ~ Scof# Shiner Consui#ir~g, Ersc. 541-772-1Q~94 vartartce }{el[etns F'a~0 7 4f 7 ~~ Mike & Patricia Ziegler 520 Beall Lane Central Pt. Qre. 97502 Regarding City File #{}5052, which is an appl ication to create two individual tax. Iots out of what is now a single tax lot. We are apposed to the division of 37 2W 1 I l~, Tax Lot I6$Ol {address 5I2 Beall}. We own the property, and reside at, 520 Eeall. C}ur lot is adjacent to the lot in question, There is a 20' wide easement which is the only access to either property. We understand that the easement is not wide enough to accommodate any mare activity than the single R-21ot. We have been informed by the previous owners that when they subdivided the property, they intentionally created the easement at 20' in order to keep that back lot from being over-developed. We feel that anything more that a single R-2 lot will create tc~o much additional noise and tc}o much traffic passing so close to our home and that our quality of life will suffer if this change is allowed. Even if the applicant is only interested in dividing the lot in order to build two single family homes, we would still be opposed because the lots would still each kx; zoned R•2 and might then be changed into duplexes at a later time. Also it sums to us that 2 single family homes would likely create more #a:affic than one duplex. . Finally, we have been told that whenever the time comes that the lot is developed that the applicant must pave the easement. Is this true? If so, we would request that speed bumps be placed in a few areas and that the paving will be done in a manner that does not hinder access to our parking areas. Sincerely, Mike & Patty Ziegler .~:~"..- ~ ~~ PLANNING DEPARTMENT STAFF REPQRT MEETING DATE: August 2, 2005 T4: Central Point Planning Commission FROM: David Alvord, Community Planner SUBJECT: Public Hearing - To consider a Preliminary Development Plan and Tentative 6 lot subdivision known as the Creekside Village PUD. The subject property is located west of Snowy Butte Land ar~d north of Beall Lane in an R-1-6 zoning district{372W10DC} Tax Lot 100. Applicant: Paul Grout P.C.Q. Box 8210 Medford, OR 9'7504 fJwner: Roseann Wagner 1 "7'72 Beall Lane Central Point, DR 97502 Amt: Same as applicant Summary: The applicant has submitted a prelirninary development plan to create a PUD and subdivide an existing tax lot into 6 residential lots. The open space component will be incorporated 'into an existing city park and a development to the north and west of the proposed PUD. Authori : CPMC 1.24.050 vests the Planning Commission with the authority to hold a public hearing and render a decision on any application for a Preliminary Development Plan and Tentative Subdivision. Notice of Public Hearing was given in accordance with CPMC 1.24.060 (Attachment A}. An~licable Law: CPMC 16.10.010 et. seq. -Tentative Plans CPMC 17.20.010 et. Seq. - R-l, Residential Single-Family District CPMC 17.68.010 et. Sect. -Planned Unit Development {PUD} ~'-~ Rackgronnd• The property is planned far single-family residential and zoned R-1-6. The density requirements for R-1-6 zoning districts allows for a maximum density of 6 units per acre. Minimum lot size is 6,044 square feet with a minimum width of 64 feet far interior fats and 74 feet far earner fats. The applicant is presenting a tentative development plan far a 61at Planned Unit l.}evelapment to be known as Creekside Village. The 25 foot mandatory setback of Griffin Creek will be utilized for open space which will tie in with f'lanagan Park and designated open space area west of the propased PUD shown on assessors map 372~V14DC --tax lot 240. Project Des~crintion: The applicant is proposing that the property be developed as a 61ot Planned Unit Development, with lots ranging in size from 5,248.$ square feet to approximately 4,458.1 square feet. Lot 1 is approximately 55 feet in width; Lot 2 is approximately 53 feet in width; Lots 3 & 4 are each 4$ feet wide and Lots 5 & 6 are 49 feet in width. All six lots are 118 feet deep. All fats are designed for single-family detached dwellings. If the project were to develop in accordance with the standards of the R-1-6 district for lot area and width a maximum of 5 lots would be permitted.. The project will have access from Beall Lane. It is proposed that a 38-fact wide private street running north to south will serve all six lots. The road will consist of a curb-to-curb width of 28-feet and a five foot sidewalk and f ve foot landscape buffer on the west side ofthe private street. The Tentative Plan does not show a 14 foot PUE immediately behind the sidewalk as a part of this project. The applicant will be required to have the PUE indicated an the final plat before it is recorded. If the project is approved as a PUD, Public Works is requesting that the street be a public street. The curb to curb face is of adequate width to be classified as a minor residential street with parking on one side. The applicant will be responsible for improvements of Beall Lane along the property frontage. Improvements will be additional paving width, curb, gutter, and sidewalks. A one foot landscape buffer is proposed that will run the entire length of the new street on the east side. A barrier will be placed at the north end of the street until the lot to the north of this project is developed.. All six lots will front on, and take access from, the proposed public street. Setbacks will be measured from the back of the sidewalk rather than the property line to allow for vehicles parking in the driveways to be inside of the sidewalk area. As shown on the Tentative Plan, the position of the proposed street creates a double frontage situation for the property to the east. The propased street dead-ends at the northern property line. Any further extension of this street would require removal of the house of the adjacent property -Tax Lot 9344. ~~ T~i~~:~sgibl~~a ht3ttltl the. prclpcl5ed 1'[J]7 f7c ~i>11Sltlerc~l '<I~ 17~,r,~~ ,.rC l~~'i:i'1~° C'i)1:t,~t'rlt ~~',(ir }7llc7l° I'l f ) c`i71`rOVtils lit 1170 <ti'Ci . Lhi°1c' i;i'i' Ccl'itllll Cli'1Tll'li`t~ t)1 [h;' ail l'Ci C1e51`~,Il I?1Cl !<{l'OIIZ [?t t~l~' 1i7~,5` ~~'}lieh neec} t<l 17e at}dressed to rxuzke a dctcl'r,lination tivhcthcr;~r n<7t 111is prC>ic.ct should ~17~1r;>vcd as ~:l }'l -1) z)r shots}d it t:)c r'cdc-si~~n~~d and restlhll~itte.d by the app}icani 4zs a ttlltl<.l'tl st117di~ isiotl. T~o~'t issues <~ . . 1. 1:,. 1, ~sposc~i pr'i~at.: ~tri'et 3leec}~ tc) ~~ ~;c~l,tl-tl'l~ lU ..!L st<lll~lards ~)ii, ~t~tl cl~;li ,1~, a iili?l 1'Lsi}clltill ~7ublic street. ?. The pl~oposet} ~trcct ca'cafcs ~ t}otlb}w ~rontat~e situati{~n ti~;'ith the pl-opert}~ inmlcdiai~~~ tiz the cast . ("~'13'C ~c.ction ?Fi.2~.t~6(} pl~c)hibits double 1~ror,ta~e lets. ~. !~s SllC!1~'11. t}it: 1?'i1j~()Sed ~tI'l;Ll Cle1C~-C11C}'~ ~7t tili' IlOithL'.l'n }?1')pCl't~r dill',. 111 C. }1ClUSC (?I'. that prt?}7erty is loetlted stzc}~ t}tat extor;siz~n of the road f~,r futurt' cie.~'c}opnlcnt «-oulcl rccltzire the. h<Itzse to be dcn~olished. ll~thc street is a}lo~,e,d to remain as showy Ofl the ` ~''~ tentative plan, it wcltrlc} thct'cfcr.l~e be appl'<»=c;Cl 4ts a c}eac}-end street, tiv}Iic}l contras}iris 1 he i~stlcs raised in poi,tlts E tznd can }7~; cot-I-ected bu s)liI'tillrz t}Ie propocd street to the west, closer tt~ Gri}1ir1 C;t'eek. 'I cr avoid pro}7}erns ti~ith the irlter~,ec:tion of the street ~viih }3eall L~lI1c 't7einr s~! clc>se t;7 the crc~:l•: c:l't:~5sin`~. tht 17ropcl~cc} road c~zn !7c ofi=~ci o ci7lnplti ~~ ii}I ltrel;son (,cltint~ arld C'ii~ of f er,tral Point Public ~,?~'orh~ st~lili}~irtls ant} ;<e.cornrl~elldations. ~ti11 i iltl` ttllvised t}ll' ap}?11Cltl~ L~~ t.fit; pCls~l'l~l`v' l~l'.i111S~17I%~,~'.~~ ~tll~ St1~i,:1~~. ~~'ii~t~iras~~' ~'~~~~ ~~€~ ~'t~~~l~~s~®>«~ cad' I:6;<c~': l llc ztl~pliclnt }~<ls colllliilCd ~~ list c)~ I~lldill` (1:_~llibit T3) Cl~ tllcv ~t'~~ jis(c:c} in CPC 1l.(?S.(1<~(( - Tt1 t'evie~~ irl~ tllcsc Iillclin~s oi- faci ~rnd conclusions of }ati~; as stzbmittcd },v the ap~rl7cat, the. }3}annin~; ~~~onln~ission shall. find wllether c?r not the standal-ds ~~t}zis chapter, ncltiClin~~ il~c fC>11';I~~in~~ cl~itcria (t'1''~'lC' 1 v (>~.()=}{);i ~tl'U citlle~ (~~c1, cln t7ti i?1ct ~~~r ol~y~;t'~-~ttne~ ot< GOni}itii~tls. ~7l- ~lr~ ll01 a17I7}icttblc. ~. '1llai the. dcvl~:lc)prt7cnt cif a har~nlclnicnis, irlt~`~r<zted pull jtr~ti~is ~;xC;cpions f~ t}rc t1or-n1<al 1•ciltlir'c.Incnts i7l~this title. ,(SIC' J)i'r)iN):~i(( l'(;'~~ ib'!i~ ~?i' Z'Ui?1I?llllf)~e' tl'l~il s`)l,'.7('!- 1~~~''~~CI!7<ll /ifl~'(' ~?t'E'Ii (./7~)i`L~i'('<~~UI' 1~'~IL}" r;,dJ'<'f:/ Ul lldz: t'!11'..~'i'iCllr;~td' ('iL' i"+.~~~~ ~JC' (7j)i7!'C1YL'C~, ({li` i,~11110!' l":~S!tl~t't;I'C!t' ..S'li't it (LS ~~g"-~'l ~'l?sir u ill Z.,c~ tai>~~r-r~~v~ d cr.s ca clc~r~c~ erzcl slrect. !tz il'S't~re,s~~rztluc;~tlir~r2, <~.~:1erl,~in.t cf i{2t; r'uctl itttt~ ;; the property to the north will require demolition of the home on lot .q3~{1. B. The proposal will be consistent with the Comprehensive Plan, the objectives of the zoning ordinance and other applicable policies ofthe city. The proposed PUl.~ is consistent with the residential designation far the property as set Earth in the Comprehensive plan. Wr'th regard to compliance with the zoning ordinance the Planning Commission has the discretion to determine whether or not the proposal complies with the intent of the underlying zoning district. The intent of the R-1 district is to "stabilize andpr~tect the urban law density residential; characteristic of the district while promoting and encourage"ng suitable environments for family life °'. The question to the Planning Commission is whether or not this project is in keeping with the character of the immediate neighborhood. C. The location, size, design and operating characteristics of the PUD will have minimal adverse impact on the livability, value or appropriate development of the surrounding area. Previously, it was noted that development of the property as a standard R-1-6 subdivision would allow far S lots. The maximum density permitted in the R-~-tS district is 6 units per acre. The proposed PUl~ offers 6 Tats. Pulalic facilities servicing the project are suffzcient to accommodate the additional units. The Planning, Public Works and Building departments have reviewed the Tentative Plan for the proposed subdivision and the findings of fact and believe that with modifications, the project could meet ail City standards anal requirements found in Exhibits E, F & G. D. That the proponents of the PUD demonstrated that they are financially able to carry out the proposed project, that they intend to start construction within six months of the final approval of the project and any necessary district changes, and intend to complete said construction within a reasonable time as determined by the commission. The applicant has provided sufficient information to veri, fy that they are~nancially capable of completing the pra~ jest: E. That traffic congestion. will not likely be created by the proposed development or will be obviated by demonstrable provisions in the plan for proper entrances, exits, internal traffic circulation and parking. As noted previously, the additional trafjrc generated by the PUI.~ will be 57 3(1 average daily trips. If a conventional subdivision were to be created, average daily trips would be 47 ~.5. ~ deceleration lane will be installed clang the front of the project for traffic safety taming into and going out of the project area off of Beall Lane. The existing street system can adequately accarnmodate the additional traffic. ~~ F, That commercial development in a PUD is needed at the proposed location to provide adequate commercial facilities of the type proposed. Not applicable G. That proposed industrial development will be efficient and well organized with adequate provisions for railroad and truck access and necessary storage, Not applicable I-l. The PUD preserves natural features such as streams and shorelines, wooded cover and rough terrain. ~'he ,ZS fact setback clang Griffin Creek will be improved and landscaped and will tie in with open space campanent of adjacent P~.l~ development and city park which is claw by. Z The PUD will be compatible with the surrounding area. Cansideratian of this criteria is subject to the discretion of the Planning Commissian, and involves alignment with criteria .~, B, ~' and ~. ~s designed, is it the Planning Cammissian's f nding that the project is compatible with the immediate neighbarhaad. J. The PUD will reduce the need. for public facilities and services relative to other permitted. uses for the land. As prapased the PUS will not have any impact on the need far public services. Recommendation The Planning Cornmission can take one of the three following options: 1. Continue this item to the next planning commission meeting to allow the applicant an opportunity to revise the street plan and lot layout. This action should only be taken if the applicant requests a continuance, or: ~. Deny the tentative PUL} plan, this action needs to include direction to staff to prepare the appropriate findings for consideration at the next planning commission meeting, or, 3. Adopt resolution Igo. ,approving the tentative PUD plan subject to the recommended conditions of approval. .~~ E~hibits• A: Notice of Public Hearing B: Applicant`s Findings of Fact and Conclusions C: Tentative Plan D: Recommended Street Realignment E: Lay out of Street as proposed and connection to Snowy Butte Meadows F: Development Schedule G: Financial Statement H: Floor Plans and Elevations I: Declaration of Covenants, Conditions and Restrictions 3: Planning Department Conditions of Approval K: Public Works Staff Report L: Building Department Staff Report M: Correspondence from tither Agencies 38 a ~i~~ off" Cer~~~a1 Poir~~ '~` ~~~T~-AI. ~~ANNI~~ r~EpaRr~~nrr ~{~ ~ ~~ ~-'yC F--} ! ~ I } .-- "'1 it ,. 'rom Hurnphr~y, A1CF •,j /~i Community C3evetopmen# pirector Ken Gerschier Community Planner pave Afvord Community Planner Lisa Morgan Planning Technician Notice of Public Hearing date of Notice: July 12, 24t?5 Meeting Date; August 2, 2ni~!5 Time: 7;U0 p.m. {Approximate} Place: Central Point City Hail 155 S. Second Street Central Point, C}regon NATURE tJF MEETING Beginning at the above time and place, the Central Point Planning Commission will review Tentative Plan and Planned Unit Development applications. The nature of these applications is for the purpose of creating 8 single family residential lots. The property is located within an R-1-8, Residential Single Family coning distr'~ct. The property is identified on the Jackson County Assessor's map as 37 2W 1 C}DC, Tax Lot 14g. The property is located west of Snowy Butte Lane, north of Beall Lane, and east of Brandon Street. Pursuant to QRS '197,783 {3} {e}, failure to raise an Issue during this hearing, in person or in writing, with sufficient specificity to afford the decision-makers and the parties an opportunity to respond to the issue will preclude an appeal based an that issue. NOTICE TtJ MtJRTGAGEE, I..IENH4Lt3ER, VENdC.tR flR SELLER: C?R5 CHAPTER 2'15 REQUIRES THAT IF YCfU RECEIVE THIS NOTICE IT MUST BE PRC)MPTIsY Ft~RWAR©EI,? TQ THE PURCHASER. This notice is being mailed to property owners within a 2Q8 foot radius of subject property. CRITERIA FOR DECISIC}N The requirements for Tentative Plan grid Planned Unit Development application review are set forth in Chapters '# 7,2Q &'17.88 of the Central Point Municipal Code, relating to General Information and conditions of the pr©ject approval. 39 PUBLIC CC~I~IMENTS 1. Any person interest in commenting on the above-mentioned land use decision may submit written comments up until the close of meeting scheduled for Tuesday, August 2, 2fl05. 2. Written comments may be-sent in advance of the meeting to central Point Gity Half, 155 South Second Street, Central Poin#, Qr. 975012, 3. Issues which may provide the basis for an appeal on the matters shall be raised prior to the expiration of the comment period no#ed above. Any #estimflny and written comments about the decisions described above will need to be related to the proposal and should be stated clearly #o the Planning Commission. ~. Copies of all evidence celled upon by the applicant are available for public review at City Hall,.'155 South Second Street, Central Point, Oregon. The City File Dumber is C15fl?C}. Copies of the same are available at 15 cents per page. 5. For additional informs#ion, #l~e public may con#ac# the Planning department at {54'1) flfl4-332'1 ext 292. SUMMAR`~ {?F PRt7CERURE A# the mee#ing, the Planning Commission will review the applica#ion{s} and #ecnical staff reports. The Commission, will hear tes#imony from the applicant, proponents, opponents, and hear argumen#s on the application{s~. I# allowed, any #estimony or written comments must be related #o the criteria set forth above. A# the conclusion of the review the Planning Commission may approve or deny the application{s} as submitted. City regulations provide that the Central Point City Council be informed about all Planning Commission decisions. The proposed PUD intent is to blend the best use of R-.-6 (single family) zoning in with the surrounding neighborhood and to design a development that promotes esthetic appeal, functional design and family living by using the fallowing criteria: +~ Building single family housing that best blends with the surrounding neighborhood by using the flexibility offered by the PUD ordinance. • Maintenance of the six units per acre density sought in l~.-I-6 zoning. • Build upscale two story architecturally interesting housing in Iieu of simple entry level single family designs. • Formalize and maintain footpath along the creek onto Beall Lane. 17.58.020 requires only one of four conditions be met for use of a PUD. This application meets two of the four conditions. An unusual physical feature of importance to the people of the area or the community as a whole exist on the site, which can be conserved and still leave the land owner equivalent use of the land by the use of planned unit development. In this case, Griffen Creek runs through the western boundary of the property; thus restricting conventional development use of the property. Additionally, the Snowy Butte Meadows Subdivision to the north open space runs next to this parcel allowing for au opportunity to create a footpath to be connected to Beall Lane. The property is of irregular shape, with limited assess, or has unusual dimensions or characteristic which would make conventional developrrient unreasonably cliff cult expensive. Because of the narrow dimension of this parcel, the norm of taking access off two sides a street as a technique for efficient and cost effective lots can not be used because the parcels would not have sufficient depth fora 20' driveway and a house anal still maintain Chapter (7,20.05{}, R-1.-8 zoning setback requirements. ~~ Circulation Plan -Summary The circulation in and around the new Central Point neighborhood is intended to be simple and direct for pedestrians, bicyclists and cars alike. A new neighborhood road would r~~an along the east edge ofthe property. This new road will intersect Beall Lane. The new subdivision will provide a pedestrian pathway linking Snowy Butte Meadows open space to Beall Lane. ~~.. .~ ~"' t 1 ~~ PR~LIMI3~IARY ~'iJ3~ PLA3~ 4r Cl:•tCI;3GSIC3F VILLAGE ,.ca,avrv rule: {+Kt)Ur & nSSOCInT&5. 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F4, JACitStfi}Cl~rK Fv^SKtESUN[t N+,.4 0 ~„ itCGist"IC ~xh~ Y ],~t~T~T~IS~'4f~'~~h' 33~ a tr fuu+wtu.saw`""`" ~ ^,a Ci5'F i 44Y Au aswlwlauu^Iw+a w+-»'^ .,xxva frlx xunw.r++wano>.ut.f> F 6458,1 f'V' 2iC ~jt,~gRh4}SHAW w,t.ss.uto,r x.,rhaa...oeva ~igty"tri i.til KCRRY xYt iXP. 12^3t°!d ~ 7 Nhg"SSiP Npy^5ri1"8' U?-R3`aq 50~ 3ittiY 13R1!?t+S% illiCtit~'kt ti4 <'~, ~R ~ N~ t.~wta}:iyuwl~ ta:~tt,+,ntutdwy, CS. i3L•'.Ai.Ll.h } y;yl,AUileaS} y- F6 iStltt4tUA`~iSO itolt~ y„ytwatc%M ~+~ y}ikipx. ~ ~yuy7afzsi~yk+ ~ Sgp+^i3`ii"i%$ ttt MAkK ~ usin:;stny u~g.ia '~i SNLii3US~.il~~'""~UyV/xii. ~ fst•RVA't'~' >lifitst i ~' i ~ciuNt~r aix+rwK ani i C~7t5RUN833RA55 i1i5C ~v-ssnx"rL nxn RS;;CS'sflP'`5 Mh1+Na.:3?•2 w~br1R N ~'~~~'~ ~j ~ ^~ ~w-~w. ~~ ~r~,T i ~ ~~~~~ 7~..I „ CRAAN.IC SCAL£ {'1 {{ " r ~ (~, NOTES: HOtfSES THAT AR£ WITNSN THE FF.440 PLASN, WILL 8£ RAlS£O t FO47 A90Y£~ JJ}}~TT ~ ~ ~+ f~ S ,. ~ " #fklSES 5N4W ON YHiS PLAN M£ FOR 4RAPH7CAL PURPOSES ONLY. ~+., t [ Vi Y }C.. ~j+'J} [~~j _„f 1 +~- 4VA ~ ~,.~ ,2873 ~, _.__ i ]y 1292.26 r,,,..,• ~ ~r~ C7[s~t`1 pup .. ~ j SIR ; _.•.--_'•--"' tp'f ~~i ` 1293.57 ./"'~" ~ ~ ~ i t ~ < 1291.27 ~ 1 i t ...+- 1 ------y ~~ ~ ~ ~ ~ i~~ ~' I __.. _. _-_. i i s i i e I 3 I4 ~~2ea.aT i (s} 3 ~,,~"~ ~ i ~~~ooa~E_aiN~` f .~..~...J ~ i ~ 3 ~ ~ ~ "~ E i i ~ ~ ;; i~ ~~~~ ~~~ ~~ ~~ {~j ~ G? iL iC ~ ~ ~ U ~ ~ ~, ~~~~ Q ~ ~w {C oQ~° ~ m '~ ~~~~ ~'~'_ C' _°~ ~ ~ F U~ ~ ~~~~ ~~ ~ ~LeULe~~ 0 ~r `€1 t-a ~ ~~~ ~~~ ~~ ~: ~~ ~~`~~~`~~ ~.w/ ~'~ Mr~r ~ r A l ~ ~'I/ >~ A-,rI = GR~APHSC SCA1,E ~~` / f {~~ PRIVATE ~ 8 LC~T ~~..3E~C}IVI~IC~I~ l;~l„~}n ~ ~ W ~ V 2 ~ a ~ ~~ NOTES: ~ ~ ~ HCUSES Tt1A7 ARE WiTNfH THE FLOOO r _ ~ PLASN. W3tE SE RASSEp S Fa6T ABOYE. ~~/1} ~ HWSES SFiQW OH THIS PI.AH ARE FSiR ORAPHSCAL PbRPOSES ONLY. ~ ~' t~ ~ ~ ~ ~ `rizs7,asM~.~ ~ ~ W 1242.25 ~ .....•. ~ ~s ~p~~ ... ~ ~ m ca a r.;~:: 1243.57 „r""' Y f~'^' E I ~ }^ I I 1241.27 ~ ~ i } I „? ! J 3 i -~ ~ i ~ ~ i ~- I ~ ~~ ; ~ ~ ~ F r/ "-`, . ~ ! ~ ~~ ~~ ~ ~ ~~ ~~ ' !..______ __ ~\ ~ 3 ~ I ~~ N y ~v y' ~--~ `t '~ .~1 DEVELt~PMENT ~CIKEDULE ~REE~SIDE VILLAGE PZT~D Di~,vELOPMEilT SCHEDULi,. Applicant will start development of Ci~i~ii~si~i; ~ii.,LAGi within 30 days of Central Point Planning approval ofthis application. Land Development is expected to take no longer than 30 days. The development schedule is expected to he as follows: 1~~ application approval in August of 2005, 2°~ developnaentlconstruction beginning in Sept-C7ct of 2005, and 3`d final plat approval with borne constructionicorrrmon open space landscaping complete in dune--July of 2006. ~~ dune 7, 20Q5 .- David Alvord . City of ~entrat Point I?lar~ing ~i~rision ~:. 1~72~~Bcall :fie ' Dear David; . ~ it is my un~.ers#anding that~yau r.~guire, priox to pr~Iiminary Platt, ~pprov~., ~ letter i~~rn es indicat~.ng that the borrower and prfljeet:are pre~qualfiecl-far sub~Ii.~ian_fnaricing. . ~: ,Paul Grout has contacted ~urbar~ca~zc~g~nancing ~or#he 172-~eatl.~;ane: tour .initial discussions acid prelir~w~ia~'review of Pau1's finaoc~al statem~nts:indicate that this . ~ :~aajeet ~nd'-~sc~a3. cani~t~en meet the xequirements fc~r ~.na~.ci~gby Feaple's Bank. _ of Commerce: -. - _ Although a complete Ic~an application has not bey. received for this pt`o~evt and a` . carrimit~ei~t:lefiter has not been i~ve~, the borrower and' project meet our re~quire~n~nts .~"a~ sul~divisian financing. I expect to have.a complete loan-app~licaton~tuitl~ the next . ~fevv weeks that will xnvve this project from the Pre-qualification .state #~- tae 14an comnut~cnt singe... _ ~ :. ~ .: ~ ~ ~ . 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Basement Malrt Floor Area: 1979 If your' foundatia tipper Floor Area: 1944. naL available, pig NEore b this deli ner 1$88.705.9300 (Send tJs a ryote ~ x ,, . , Main Level ~~ http:/lwww.housepians.com/plar~ details.asp?zd=3458&st=~3 618/2~{~5 R@V@t'Se FCQri~ lAleycltif]!7 Home Plan 36957 -Dream Dome source - C7ver 15,000 Haase Plans "> ~~~ Page 1 of 3 ^^^^ I 1 ~ 7 f ~ ~ ~ NEW SEARCH JUMP To Pl..AN s~S~ SEt_LTN~ Pf.ANS ~EATtlRED PLANS HELP bESK Questions? Ready To order'? CaIE 80U-44?-oQ27 IT1y cart my account Ri;CxI'STER s,t~ Search ~NF!lk14R GCaAk3 DS~ECY G[CXt€?kL i`kCk3L14Y ._ START DREAMIING Haase p#ans Library Services Product wide Store Home Ptah 3095? #,#v#ng square2488 fee#: main: 1150 upper: 1338 Addit#anal square feet: garage: 486 ~ bedraorns, 2.8 baths, 2 car ~~~~a~ched ga 40` 'wide 47' Average ce#ling height main: 9` Roof height: 29' Ixter#or wall framing: 2x6 Foundatlants); ~rawlspace Al~ol.lt ThIS Haase Ptan Detailed room soeciflcations, Dawnlaad a rim ~,r~61e cODY o~ tr,is plan in Adobe Acrobat format. • ViewView t_ in mirror reverse format. • Modify this house flan. • View additional lance s.b~+,this des%gner. • Compare t0 another,glan. • Estimate the cost to build this rslan. • Add to My FaVCtrlteS. ~~ l,t+Y.•/l.:rrxnsr rlra~mhnmr ent~rra rnm/F#an acs`IP1anT1~~~Fi9~'7Rr.~,rr~~araFap#Mrn=1'7tlflRr~ct~~~ fi~i f?/'1#"i{'}~i View larder front image Home Plan 432fl -Dream Home Source - Qver 15,f}O~l House Plans ~ Pale 1 of4 • i f START DREAM~iVG house Plans Library Services Product Guide Stare NE{!'4- SEAftCfi JUMP TO PLAN BE5T S~l.tING p1,ANS FEATt7REp PE.APIS FfELP DESK QUeSItE~I`rS':' Ready To Clyder? Celt 8a4F-447-EI027 my cart my account R~G~STER Site Search ~~ ~~ ~crexRn~ ~'~wai ~~ SYOYCktQ tar~~a~ e~~ rrs~Err ~_ ttd'li1€h~it., ~~. Ycru Like ~' L Home Plan 432fl I.i~ing square~878 feet: main: 11E~6 upper: 872 3 bedrooms. 2.5 baths, 2 Cal" attached garage 38'0" wide x 35'0" deep Average ceiling height main: 8` upper: 8' Roof Freight: 39', main roof pitch: ~.01~.2 Exterior waFi framing: 2x6 F=oundation s €7aylight basement Designer's Comments: Qesigned for a sloping lot, this tri- level house intrigues the eYe and tiffs the spirits, Suntight filters into the grand two-story foyer and laving room from tall windows. Frain the loft overcooking the living roam, homeowners can view flames dancing in the fireplace, Which is shared by the family room. From the windows or optional French chars in the din_ i~._n~ roam, owners can behold the outdoor vista. The spacious kitchen houses an island with a downdraft cooktop. Serve food informally in front of the breakfast nook windows ar at the island. French chars in the family roam lead to the suspended deck. A half-bath and laundry facilities are View Ear er front Imo e ~~ t•sttr~~thuiartxr r#rP~mhnmecn»rne rnmlt~tan aen7PlnnTT}=ti'~'~C}Xr:~,n~~areFeefiMin=1'Tf?(3Rr:.cnt~~r... fiI`I fl/2f~~~ House Plans and Home Design services ~l i . Page 1 of ~ e~~'~ the e~t~~~~d huh-~-~~~ ~C~' ~~~ h~~s~ with ~gat~ax Ntt~i~ Y~~~ ~ustc;rrt2~~ F~tans ~ ( E~esc~ur~e t:enC~r I ~` ~'ro~ecL ~'t~ns ~ ~ ~rsc~}i< e~ ,~~~~r~ >~ borne clans > search results > plan detail }~Gart ~ ~YAccount ~ My Favorites ~ feedback ~ Hela Home Planl Detail Back ~ New Search P€an 33 of 2997 ~v_iaus ~ ga to plan 1 ... 31 32 33 34 35 ... 2917 ] next Warm Glow PEan # AG-1802 V11=W: Exterior Special Add to favorites mare b!W rendenna Customrze thfst~lan floo~tans detailed ~~cs t~rder tFiis tan PDF summary ~ <-= *Photographs tray reflect homeowner modifications. X1715 home's radiant entry SpiilS directly into the living roam, which boasts an impressive vaulted ceiiit7g. Ail common areas are conveniently close to the krtchen, whrch has a snack bar and a neighboring breakfast nook. Sliding glass doors open to a large backyard patio. Past a loft on the upper Hoar, the master suite beckons from behind double doors. The bath offers a shower, a Specifications ~ ~ Y Style: Gauntry Bedrooms: 3 Finished sq. ft. Baths: 211 First 990 Flaars: 2 Second 840 Garage Sfalis: Two Gar Total: 1830 Master Suite: Second Laundry: First Foundation: i=ui1 Basement IOetailed Specs 4_~~ar ~ mortgage-t $~Lo~ti Fiitt,er .:~~~~~i~a~~ Refinance I-taine lraui„~ ANA ~~nan s ~ ~A Loan jj~~xy' ~ i15x~~ ~} LOarl ;YP~.._ ._.... Seed... ~~ state Paints 4ptS ~l1C~~' I, ARh1 wi~at's it all ritean? Use our oafiaut~#ors fa bash riiai~~ afi~o~ m4rt~ag~~. .~ Nioritffi~ R~~tnett~ © t~~ylTlerrt ~~IC; `d i~etit v~. Buy ~ Fixed tft ARf~1i R.'t~ or 3Ci Ye~ir Refinance Zipcade Findi htt»~1har~xriuhnrnP»ianc.ecrt7~7/main.a~n`?sec=hor77e7~lans&action=nianctetail&hstaos=hsnet&h... dJi(~J2~4~5 Home Plan 36998 A Dream Nome Source ~ fiver 15,C?(}tl Flo e Plans /~~, Page I of 4 ~ e k r ~ ~ ~ ~ ~,~ cri ~~ .: ~~ MEW s~aRCH ]UMP TO PLAN BEST SELLItVC•7 PLANS FEATU3LED PLANS HELP DESK Questians2 Ready To ©rder? caii 800-44?-0027 my cart my account REGISTER Site Search ~1 ~~"` ~-~ • sa ~,s crtr~cex START CIREAMIFiG House Piar:s H©me Pian 36998 Living square2269 feet: main: 1104 upper: 1165 Additional square feet: garage: 455 3 bedrooms, 2,5 baths, 2 car attached garage ~icl'0" wide X ,q,~x~rr deep Average ceiling height main: 9' Roof height: 29', main roof pitch: 8J 12 Exterior wall framing: 2x6 Foundation{s is Crawlspace Abaut This House Plan • Detailed room specifications, • Download a printable copes of this plan in Adobe Acrobat forma . • View t______his.~lan in mirror reverse format. • Modify this house plan. • View additianai plans by this designer. • Compare to another clan. • Estimate the cost to build this plan. • Add____to,_My. Favorites. Library Services Product wide Stare ~~ ~-xttrx•JJrtxrcxr~xr rlraarni~nmacnTarra nr-~mJPlan ac»`lAla~nTi')-~FiA9RRr.c`n~~ar~F~:r.tllJlin=y 7C1{}Rr.'~,rnt~ Fi1i (lI?C#(}~i View larger front image FIouseplans.ccrrr~ ~ Plan ~ 8-257 Summazy ~~ Page l of 3 vf~/~A~~ ;4.. ~~y ~r~E ~~Y~ o-r i.~ati .{.'~>~LO"~V ~'~~~Vtl ' f .r :, ~a~, ..s".. i... ~~~..,..,.., L#Ysa~ ~'ot~r;?~r~ar~t 5~fc~ In~gister Your Acco~x~? NC7ME PCC:IWER SEARCH SHC7WCA5E ~ ANSWER CENTER ~ CC7ST-T4-1r31JIL.t3 ~ FiNC3 A 8131L1~ER Euro can house Ian 18-257 r~t,.;<~'i[11c~~"~ ^i'` ~ r ^ 1~ r y '"~ f. f ~ » _ r : ,~ '" s 17rf[lter- ,x Square Footage: 2428 Width: ~b Bedrooms: 4 Depth: ~~, Bathrooms: 2'l~ Height: ""~~,,,~„(,,, Levels: 2 Roof Pitch: Garage Stalls: 2 Waifs: krmw~~~...v.,.d,.,_~,~,~ .~,,~r..~..,. Ceiling Height: Main Floor Area: 9978 Main Floor: Upper Floor Area: 9250 ___ _..____...~.. Basement Area: 9972 Available Foun~ w~,~~,.....,..~».~...,.~...~«.,.,~..~, .m,~K....... BaserYlGflt More b~tllis desig ner ~~ your foundatio not available, ale Main ~evei http:/l~Tc~w.houseplans.comi~lan de~ails.as~?id=911&st=13 9-888-705»9300 ~ send Us a (vote ~ Fi/Rl~tl{}S _. _ F. Reverse Front Elevation ear Ei~va#ion Houseplans.com ~ Plan 18-~44 Summary Page 1 of 3 ~~,.~'~~"`~ ,5. Buy ontE~e qr ca~~ ~.-88s-705-~.3otT .. :~ ~, ~ L,iva 'Your Llr~ar» Sgn In1Regist~r Your Accoun i-iC7N1iW PCtWER SEARCI-3 5~-li3WCAS ~ At~ES~1V~ii C~#~fT~l2 ~ CQST-~"L~-Bi.ttLD ~ F1E~D A B€IILD;~FZ Euro can house lan 18-240 Sue~rnar~` • ~* i ~ 4 ~ e Au st. s ~.. ~Ctnt~r- Square Footage: 2216 Width: "j"`] Bedrooms: 4 Depth: ~""~ Bathrooms: 2'Iz Height: ,'~ ~ ireveis: 2 Raaf Pitch: Garage Stalls: 2 Wails: ~,._-.,~..~9.... r...~. ...,_...•_ Cell#ng E~ielght: Main Fiaor Area: 9090 Main Fioar: Upper Fiaor Area: 9926 ____..__..._...._____-.-•~ Basement Area: 9067 Available Founf --~.~,.~-...~»~.~..-. .,.~ Basement More by this desira ner If your Foundat'sa not ava~iabte, p9e 1-888.705-1300 ~ Send Us a Nate ~ Main l.evei ~~ htt~:l/www.house~lans.com/~~an details.ast~`?id-1(lR~~s~=13 A/i2J'7 flf~ ~ Reverse ~r~sn~ 1=levatian E2ear E ~v tip _ ,,....~ ..'s ~ a r I7~ECLARATION OF COVENANTS, CONllITIONS ANI~-1~:ESTRICTIONS FOR Cl~;EEI~:SIDE VILLAGE, A PLANNED COMMUNITY Paul Grout {"Declarant") is the Owner in fee simple of that real property {the Project} otherwise known as Parcel No. 1 of Partition Plat recorded June 24, 1996 in the "Records of Partition Plats" ofJackson County, Oregon as Partition PlatNo. P-54-1996 and filed in the office of the Jackson County Surveyor as Survey No. 15411, Assessor's Map No. 37-2W-14DC Tax Lot 1(34, Situs Address 1772 Beall Lane, Willamette 1vleridian, City of Central Point, Jackson County, Oregon. Recitals, Intent and Puz~ose It is the desire and intention of Declarant initially to subdivide the Project, subject to the covenants, conditions and restrictions set forth in this Declaration, into six residential lots, with a five-foot buffer, one-foot buffer and open space which shall be controlled by the Homeowner Association {HOA} and maintained as open space, as set forth in "Exhibit A." (Tentative Plat and legal description of Property and Common Areas}. Declarant intends by this Declaration to impose upon the Project, subject to this Declaration, mutually benefivial restrictions under a ,general plan of improvement for the benef t of all Owners of residential property within. Declarant desires to provide a flexible and reasonable procedure for the overall development of the property, and to establish a method for the administration, preservation, use, and enjoyment of such property as is now or may hereafter be submitted to this Declaration. This Project is governed by the approvals and entitlements {"Approvals"} referenced in Jackson County Planning File PUD . It is intended that this Declaration comply with all requirements and conditions of said Approvals, and nothing in this Declaration shall be interpreted or construed as to be in conflict with those Approvals. Should any conflict exist, it shall be resolved consistent with the terms of the above-referenced Approvals. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CREEKSIDE VILLAGE -PAGE 1 Declaration NOW, THEREFORE, Declarant hereby declares that the Project shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved, subject to the following covenants, conditions and restrictions, all of which are in fi.nrtherance of a plan for the subdivision, improvement and sale of the Project and of enhancing and perfecting the value, desirability and attractiveness of the Project, All of the covenants, conditions and restrictions herein set forth shall run with the Project and shall be binding on all parties having or acquiring any right, title or interest in the Project or any part thereof, and shall be for the benefit of each Owner of any portion of the Project, ar any interest therein, and shall inure to the benef t ofand be binding upon each. successor in interest of such Owners. This Planned Community is subject to the governing statutes set forth in ORS 94.550 to 94,783. Association Bylaws adopted under ORS 94.65 shall be recorded along with this Declaration. This is the only phase of the Project's development. Certain Landscape Areas will be maintained by the Homeowners Association. A condition of the Approvals is to attain and comply with a final landscaping plan, the maintenance ofwhich shall be the obligation of the I-IOA. Name The name by which the Project shall be known is Creekside Village, A Planned Community. It is a Class Il Planned Community, as defined in ORS 94.550. 1. DEFINITIONS In addition to the terms defined in ORS, Chapter 94, and elsewhere defined herein., the following terms shall have the fallowing meanings whenever used in this Declaration: I.l Declarant. Paul Grout, his successors and assigns. I.2 Owner. The record Owner, or Owners, if more than one, ofa Lot, including Declarant and including a vendee under a recorded land sale contract or recorded memorandum of land sale contract. 1.3 Pr_ aperty. The real property known as 37-2Vi~-I ODC, Tax Lot 1.00, more specifically described on "Exhibit A" attached hereto. 1.4 The Project. The property subject to this Declaration. I.5 Lot. That portion of the Project conveyed or to be conveyed by the Declarant to an individual Owner in fee simple. Far the purposes afthis Declaration, a Lot shall exist from and after the date of recording an instrument making such Lot subject to this Declaration. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CREEKSIDE VILLAGE -PAGE 2 1.6 Dwellin,~Unit. The residential structure, including any garage, carport, patio, lanai or other physical appurtenance to such structure, constructed on a Lot by the Declarant or an Owner. 1.7 Common Area. The Common Areas areas identified on the Final Plat, including but not limited to, open space and buffers, and shall be maintained by the Association. 1.8 Association or "HOA". Creekside Village Homeowners Association, Irac., an Oregon non-profit corporation. 1.9 Board. The Board of Directors of the Association. 1.1 ~} Articles; Bylaws. The Articles of Incorporation and Bylaws of the Association. The Bylaws are marked t~Exhibit B," incorporated herein and made a part hereof. 1.11 Declaration. This Declaration, as from time to time amended or supplemented. 1.12 Mort~a~e. A mortgage or a deed of trust of record encumbering a Lot. The term "Mortgagee" shall include the beneficiary under a deed oftrust and the vendor under a recorded land sale contract or recorded memorandum of land sale contract. 1.13 Architectural Committee. The Architectural Committee as created pursuant to Section 6 of this Declaration. 2. USE RESTRICTIONS The use of the Lots and the Common Area shall be restricted in accordance with the following provisions in addition to all other covenants, conditions and restrictions herein contained. 2.1 Residential Use. The Lots and Dwelling Units shall be used for residential purposes only as approved by the Architectural Committee pursuant to Section 6 and in conformance with the initial design standards of Section 6.3, except as specifically provided for in this Declaration. No mobile, modular or manufactured dwelling shall be allowed on any Lot. This Section 2.1 and Section 2.3 shall not exclude the construction of a private greenhouse, storage unit, private swimming pool or shelter for the protection of such swimming pool or storage ofa boat and /or personal use camping trailer. All such improvements must be located in conformance with all applicable municipal regulations and be compatible in design with the residential construction on the subject lot and adjacent lots as determined by the Architectural Committee. 2.2 Maintenance. Each Owner shall maintain and keep his Dwelling Unit and Lot in a clean, sanitary and attractive condition. Landscaping on each Lot shall be maintained in at least as good or better quality in design and nature of planting as is required by the Architectural Committee at the time of initial construction of a dwelling on the Lot. If the Owner fails to maintain histher Dwelling Unit and Lot or any landscaping required by the Approvals, as required herein, the Association shall have the right to go upon the Owner's Lot and perform such rrraintenance pursuant DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIC)NS FOR CREEI~SIDE VILLAGE - PACaE 3 ~~ to the Association's authority set Earth in Section 3.6 hereof The casts incurred by the Association shall be assessed against the Lot as a special assessment pursuant to Section 4.4. 2.3 Commercial or Agricultural Use. No industry, business, trade, occupation or profession ofany kind, shall be conducted, maintained or permitted on any part ofthe Project, unless specifically allowed by this Declaration, approved by the Flomeowner Association prior to operation and permitted and approved as a horrie occupation by Tackson County and any other applicable governmental authority. No Agricultural barns shall be permitted. 2.4 Animals, Flousehold pets, in a reasonable number, may be kept if they are solely household pets far private use and not far commercial purposes. No animal shall be allowed to make an unreasonable amount of noise or otherwise to become a nuisance. No dog shall be permitted outside of the Lot of the Owner of said dog unless it is under the control of a responsible person by means of a leash. Upon request of any Owner, the Board shall determine, in its sole discretion, whether for the purpose of this Section, a particular animal shall be considered a house pet ar a nuisance. The Owner of any pet shall be responsible for cleaning up after said pet on any property within the Platu~ed Community, including any Common Areas. Any structure for the care, housing or confinement of any house ar yard pet shall be approved by the Architectural Committee for its design and placement on each Lot. 2.5 Utility Service. Except as approved by the Architectural Canunittee or set Earth on the Final Plat, no lines, wires, satellite dish larger than 18 inches, antennae or other devices ofany kind far the communication or transmission ofelectric current or power, including telephone, television and radio signals, shall be constructed, placed ar maintained anywhere in or upon any Lat unless the same shall be contained in conduits or cables constructed, placed and maintained underground or concealed in, under or on buildings or other approved structures. Nothing herein shall be deemed to forbid the erection and use of temporary power ar telephone services incident to the construction of approved improvements. 2.6 Temporary Occ~ancv. No trailer, basement of any incomplete building, tent, shack, garage, and no temporary building or structure ofany kind shall be used at any time on any Lot for a residence either temporary or permanent. 2.7 Outside Storage and Parkin, All firewood and other materials or equipment stored on any Lot shall be screened from the ordinary view from adjacent Lots and streets, 2.8 Trash Receptacles. All trash shall be retained in appropz~ate receptacles and cans shall be kept clean and sanitary and shall be screened from reasonable and ordinary view from the adjoining Lats and streets. Such. screening is a condition of the Approvals. Burning of organic material shall comply with all applicable local, state ar federal regulations. Temporary construction debris shall be contained far removal as provided in Section x.21 herein. 2.9 Basketball Standards. No basketball standards or fixed sports apparatus ofany nature shall be attached to any Dwelling Unit or garage or be erected on any Lot, except in the rear yard of DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CREEKSIDE VIILLAGE -PAGE 4 ~~ such Lat. Any such apparatus must be approved by the Architectural Committee far placement with regard to sensitivity to neighboring Lots. Such approval may be withdrawn with 30 days written notice. No portable basketball hoops shall be stared in the private street. 2.10 Gara es and Parkin. Garages shall be used only far the parking of motor vehicles, recreational vehicles, storage and permitted workshop purposes. All garages will have automatic garage Boar operators and ail residents are encouraged to keep garage doors, which are visible to the street, closed whenever practical. Residents are encouraged to park their vehicles on their praperiy behind the franc yard setback line and preferably in enclosed garages. 2.11 Clothes l~r~i_n_~ Facilities. No outside clotheslines ar other outside clothes drying or airing facilities shall be maintained on any Lot, unless the Architectural Committee f nds such facilities to be adequately concealed so as not to be seen from any adjacent property. 2.12 Mailboxes. There shall be no exterior newspaper tubes or freestanding mailboxes, except as may have been initially installed by or pursuant to plans previously appraved by Declarant or thereafter appraved by the Architectural Committee, 2.13 Nuisances, No machinery or equipment of any kind shall be placed, operated or maintained upon or adjacent to any Lot except such machinery or equipment, such as private workshop equipment, as is usual and customary in connection with the use or maintenance of a Dwelling Unit. No noxious or offensive condition, including activity causing excessive smoke, dust, noise or debris, shall be permitted upon any part of the Property. Notarized bikes and ATVs may not be operated an any Lot or the Common Areas. Motorized transportation may be operated on a Lot solely for the puzpose oftransporting it from a residence to a public roadway for off-site use but are not allowed recreational use of such machinery within the Property. 2.1 ~ Diseases and Insects. No Owner shall permit any thing or condition to exist upan his Lot which shall induce, breed or harbor infectious plant diseases or noxious insects. 2.15 Mineral Ex loratian. No property within the Project shall be used in any manner to explore for or to remove any water, oil or other hydrocarbons, minerals of any kind, gravel, earth or any other such substance or other mineral of any kind except far any excavation that may be done in connection with the construction of a dwelling on the property. 2.16 Restrictions on Further Subdivision. No Lot shall be further subdivided. No Owner, except Declarant, may grant an easement or other interest in a Lot without the prior written approval of the Board and the Architectural Committee. No Common Area may be reduced such that it would result in no longer satisfying the requirements of the Approvals far a certain minimum amount of Common Area within the Project. 2.1'7 Ste. No signs {including without limitation, commercial, family "crest" ar name signs, and all such similar signs) which are visible from neighboring property shall be erected ar maintained. on any Lat except: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CREEKSIDE VILLAGE -PAGE 5 la!~ {a} Such signs as may be required by legal proceedings; {b} Such residential identif cation signs as are installed in the initial construction of the Dwelling Units, subject to the review of the Architectural Committee and approval by the Board as to suitability, {c} During the time of construction of any residence or other improvement by Declarant, jab and sales identification signs; and {d} Approved project identif cation monument sign{s} located at the entry to the Project. In addition and in conjunction with the signage, one or mare monument walls at the Project entrance may be constructed. {e} Not more than one "for sale" sign having dimensions not to exceed eighteen {1$} by seventy-two {72} inches, pursuant to the Rules of the Association, so song as the posts or standards far said signs do not damage ar destroy lawns or plantings. This provision shall not prevent Declarant or any principal building contractor, from advertising during the construction of improvements on any Lot or within the real property or during the period of time any Lot is owned by Declarant. 2.18 Right of inspection. Upon seventy-two {72} hours written notice {emergencies excepted) and during reasonable hours any authorized member of the Board, or any authorized representative of any Board member, shall have the right to enter upon and inspect the Lot and the exterior of the Dwelling Unit or any of the improvements thereon for the purpose of ascertaining whether or not the provisions ofthese Covenants, Conditions and Restrictions, the Bylaws and the rules and regulations adopted by the Board, have been or are being complied with, and such persons shall not be deemed guilty of trespass by reason of such entry or inspection. If such inspection is made by the Architectural Committee upon authorization by the Board, a report shall be made to the Board which will decide the action to betaken. These rights shall be exercised in such a manner as to reasonably minimize any adverse impact upon the Owner's right to enjoyment of his/her Lat. 2.19 Tenant Leases. No Dwelling Unit shall be rented or leased for a period of less than thirty {3 U} continuous days at one time. All rental and lease agreements shall be in writing and shall comply with the provisions of the Bylaws. 2.2(} Fences. All permanent and temporary fences and railings require approval by the Architectural Committee prior to construction. All necessary municipal permits shad be obtained prior to any fence construction. All fences must be constructed so as to provide a finished appearance. All fences and railings shall be well constructed and maintained and shall not detract from the appearance of other improvements located upon the Lot. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR. CF:EEKSIDE VILLAGE -FADE 6 i~~t The maximum height and location of all fences, tailings and hedges shall be determined by the Architectural Committee and must conform with all applicable County or municipal regulations, but in no event shall a fence exceed eight feet in height. 2.21 Construction Debris. The Owner of each Lot is responsible for the temporary containment and permanent removal of all construction debris on the Lot and any debris which is windblown or in any way displaced from the construction site to adjoining property. The Owner is also responsible for the cleanup of any dirt or mud tracked into the Common Area street during the course of construction of improvements on his property. The Owner shall not allow the accumulation of large quantities of debris, on or off site, during the course of construction. 2.22 Common Area Maintenance. No Lot Owner shall do any alteration, work or maintenance within the Common Areas without the approval of the Board and the Architectural Committee. No Common Area may be reduced such that it would result in no longer satisfying the requirements ofthe Approvals for a certain minimum amount of Common Area within the Project. 2.23 Firearms. No firearms or bows and arrows shall be used or discharged on any lot or Common Area. However, keeping such items inside any residence shall not be a violation of this Declaration. 2.2~ Fuel Tanks. No fuel tanks shall be constructed above of below ground level except for propane gas for home use. Any such tank shall be screened from view in a manner approved by the Architectural Committee. 2.25 Li htin . No invasive outdoor lighting within the Project shall be permitted. All outdoor lights shall be shielded from point source glare and shall not be directed towards adjacent parcels. All overhead or other area lighting shall be shielded to cast a downward glare. There shall be no night guard lights. 2.2~ Tree Retention. Any prominent trees will be preserved as determined by the Board of Directors. 3. ASSOCIATION 3.1 Organization. The Association is anon-profit Oregon corporation charged with the duties and invested with the powers prescribed by law and set forth in the Articles, the Bylaws, and this Declaration. Neither the Articles nor Bylaws shall, for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. In the event of any such inconsistency, the provisions of this Declaration shall prevail. The Board, and such off cers as the Board may elect or appoint, shall conduct the affairs of the Association in accordance with the Articles and Bylaws as from time to time amended. 3.2 Membershit~. Each Owner shall be a member ofthe Association and shall be entitled to one membership for each Lot owned. Each member shall have the rights, duties and obligations DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CREEJ~SIDE VILLAGE -PAGE `~ L~ set forth in this Declaration, the Articles, the Bylaws and the Assaeiatian Rules, as the same may fram time to time be amended. The membership of each Owner in the Association shah be appurtenant to the Lot giving rise to such membership, and shad not be assigned, transferred, pledged, conveyed or~alienated in any way except upon the transfer aftitle to such Lat, and then anly to the transferee of title thereta. Any transfer of title to a Lot shall operate automatically to transfer the membership in the Assatiatian appurtenant thereta to the new Owner thereof Far purposes of membership, the retarding of a land sale contract or memorandum thereof shall constitute a transfer of the title to a Lot, The Common Areas shall not be entitled to a vote. 33 Voting. {a} Members Entitled to Vote. Only Members ofthe Assotiatian shall be entitled to vote. The eating privileges of each Class afMembers shall be as provided herein. Any action by the Assaciation which must have the approval of the Assotiatian membership before being undertaken shall expressly require the vote or written assent of a prescribed percentage of the total voting power of the Association, as more particularly stated within the Declaration. {1} Class A Members. Class A Members shall have one {l}vote far each Lat. When more Haan one person owns a single Lot, all Owners shall be members afthe Association. However, the vote for each Lot must be Last as a unit, and fractional votes shall not be allowed. In the event that j Dint Owners are unable to agree among themselves as to how their vote or votes shall be Last, they shall lose thew right to vote an the n-~atter in question. If any Owner{s} Lasts a vote representing a Certain Lot, it will thereafter be conclusively presumed for all purposes that sorb Owner{s} was acting with the authority and Consent of any other Owner{s} of said Lot. The right to vote may not be severed or separated from the Lot ownership to which it is appurtenant, and any sale, transfer, or conveyance of such Lot to a new Owner{s} shall operate to transfer the appurtenant vote without the requirement of any express reference thereto. {2} Class B Members, The Class B Member shall be the Declarant, his successors and assigns. The Class B Member shall be entitled to five {5}votes for each Lot in which he holds the interest required far membership as provided in Section 3.3{a}{ 1 }above. Provided that, Class B membership shall be Converted to Class A membership and shall forever tease to exist when the total outstanding votes held by the Class A Members equal the total outstanding votes held by the Class B Member. {b} Voting Procedures. Any vote maybe Last in person ar by proxy. All proxies shall be in writing, dated, signed by the Owner giving the proxy and filed with the SetretE~ry before the Commencement of any meeting. A proxy shall terminate eleven {11}months after its date unless the proxy specifies a shorter term. Every proxy shall automatically tease upon the sale of the Lot lay the Owner and upon the death or incapacity of the Member who executed the proxy. {C} Declarant's Ri hg t To Vote. Notwithstanding any other provision of this Declaration, and, except as provided in Section 8,3, hereof, any regulation herein requiring the approval of a prescribed percentage of the eating power of members of the Association other than DECLARATION OF COVENANTS, COND1TlONS AND RESTRICTIONS FOR CREEKSIDE VILLAGE -PAGE 8 #~ the Declarant far action to be taken by the Association shall also require the vote or written assent of a bare majority of the fatal voting power of the Assaciatian as well as the vote or written assent of the prescribed percentage of the fatal voting power of members other than the Declarant. ~d} Suspension of Vatin~ Rights. The voting rights of an Owner shall be suspended during such period as any assessment due hereunder from such Owner remains unpaid; provided, however, that the Beard shall give any such Owner at least f fteen { l 5}days notice prior to such suspension, and such Owner shall be entitled to a hearing before the Board in accord with Section 3.4 of the Bylaws. 3.4 Initial Board of Directors. The initial Board shall be appointed by Declarant. Thereafter, the Board shall be elected as provided in the Bylaws. 3.5 Duties of the Assaciatian. The Association shall have the obligation and duties, subject to and in accordance with this Declaration, to do and perform the fallowing acts for the benefit of its Members and far the maintenance and improvement of the Property. {a} Common Area Maintenance and Operation. To maintain, repair and otherwise manage the Common Areas, after such property is conveyed or otherwise transferred to it, all improvements located thereon, ail easements for operation and maintenance purposes over the Common Areas and all easements for the benefit of Members ofthe Association within the Common Areas. Each Owner hereby grants to the Assaciatian anon-exclusive easement of ingress and egress to that portion of hislher Lot as may be reasonably required by the Association to exercise ar otherwise perform its rights under this Section 3.~. {b} Utilities. To acquire, provide and/or pay for water, drainage, and other necessary utility services far the Common Areas. (c} Sidewalks Mailboxes Etc. The Association shall, after construction thereof by Declarant as a part ofthe initial development ofthe Project, maintain, repair, replace, reconstruct and relocate pathways, sidewalks, lighting, street signs and any mail and post boxes and the landscaping located within the Common Areas, as initially designated on the Approvals or as initially constructed by Declarant. Each Owner hereby grants to the Assaciatian, anon-exclusive easement of ingress and egress to that portion of his/her Lot as may be reasonably required by the Association to exercise or atherc~rise perform its rights under this Section 3.6. ~d} Landsca in and Si na e. To maintain and construct all landscaping within Common Areas and Project signage consistent within the final approved Landscape Area of the Project and the direction of the Association. (e} Other. To perform such other acts, whether or not expressly authorized by this Declaration, as may be reasonably necessary to enforce any of the provisions of this Declaration the Bylaws and Association Rules. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CREEKSIDE VILLAGE -PAGE 9 ~I` ! 3.6 Powers and Authority of the Association. The Association shall have all ofthe powers ofavon-profit corporation organized under the general Non-Profit Corporation statutes of the Mate of Oregon, subject only to such limitations upon the exercise of such powers as are expressly set forth in the Articles, the Bylaws, or this Declaration. The Association shall have the power to do any and all lawful things which maybe authorized, required or permitted to be done by the Association under this Declaration, the Articles and the Bylaws, and to do and perform any and all acts which may be necessary or proper for or incidental to the exercise of any of the express powers of the Association, including without limitation: (a} Assessments. To levy assessments on the Owners and to enforce payment of such assessments, all in accordance with the provisions of Sections 4 and S of this Article. {b} _R h~; t of Entry and Enforcement. To enter upon any Lot or the Landscape Area for the purpose of performing the duties of the Association set forth in Section 3.5 of this Article, enforcing by peaceful means any of the provisions of this Declaration. The Association shall also have the power and authority from time to time in its awn name, an its own behalf or on behalf of any Owner or Owners who consent thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of this Declaration and to enforce, by mandatory injunction or otherwise, all of the provisions hereof: These rights shall be exercised in such a manner as reasonably to minimize any adverse impact upon the Owner's right to enjoyment ofhis/her Lot. {c} Services. To contract for materials andJor services for the Common Areas or the Association. Any such service contract or management contract shall be subject to termination by either party without cause upon thirty {3 Q} days notice in writing to the other party. {d} Rules. By a majority vote of the Board, and from time to time, to adopt, amend, enforce and repeal such rules and regulations as the Board shall determine to be necessary or proper for the operation ofthe Project {"the Association Rules"}. A copy ofthe Association Rules as they may from time to time be adopted, amended or repealed, shall be mailed or otherwise delivered to each Owner. Upon such mailing or delivery, the Association Rules shall have the same force and effect as if set forth in and a part of this Declaration. The Association Rules shall not materially change the rights or privileges of any person, or the restrictions on any Lot, as herein set forth. 4. FUNDS AND ASSESSMENTS 4.1 Qperating Fund. The Association shall establish and maintain an operating fund into which shall be deposited all monies paid to the Association as regular, special and emergency Assessments and miscellaneous fees, and. from which fund the Association shall make disbursements in the performance of its rights and duties as provided for in this Declaration. The operating fund and the reserve fund shall be kept in separate accounts. 4.2 Re ular Assessments. Within forty-f ve {~-5}days prior to the beginning ofeach fiscal year, the Board shall estimate the costs and expenses to be incurred by the Association during such DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CT,.EEKSIDE VILLAGE - PAGE ~ a fiscal year in performing its rights and duties under this Declaration, including a reasonable provision for unanticipated expenses and replacements and less any anticipated surplus from the prior year's fund. Provided that, the Board may not, without the vote or written assent of a maj ority of the voting power of the Association residing in members other than the Declarant, impose a regular annual assessment per Lot which is more than twenty percent (20°l0} greater than the regular assessment for the immediately preceding fiscal year. Such estimated amount shall be assessed equally to the Owners, The amount per Lot so assessed to each Owner is called "the Regular Assessment." 4,3 Special or Emergenc~sments. to addition to the Regular Assessments, the Board may levy during any fiscal year a special or emergency assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction (including reconstruction costs in excess of insurance proceeds}, repair of any Common Areas or related utilities, unexpected repair or replacement of a capital improvement upon the Gammon Areas, including Project signage, the private street serving the Project or any extraordinary expense not contemplated by this Declaration of whatsoever nature. Provided that, in any fiscal year, the Board may not, without the vote or written assent of a majority of the voting power of the Association residing in members other than the Declarant levy special or emergency assessments to defray the costs of any action or undertal~ing on behalf of the Association which in the aggregate exceed ten percent (10°l0} of the budgeted gross expenses of the Association for that f seal year. No special or emergency assessment shall be levied with respect to the initial construction of improvements within the Coixunon Area, including initial signage for the Project and the private street, it being understood that all such construction shall be at the sole cost and expense of the Declarant. Except as otherwise provided herein, special and emergency assessments shall be assessed to the Owners equally and shall be paid as the Board shall determine. The provisions herein with respect to special and emergency assessments do not apply in the case where the Special Assessment against a member is a remedy utilized by the Board to reimburse the Association for costs incurred in bringing the member and his Lot into compliance with the provisions of the governing instrument for the Planned Cominunifiy. 4.4 Pa went of Assessments. Each C}wner shall be obligated to pay Regular Assessments made pursuant to this Section 4 to the Association in equal monthly installments on or before the first day of each month in advance, or in such other manner as the Board shalt designate. The Board shall provide each Owner with a statement of the Annual Assessment within ten (t ~} days prior to the beginning of each fiscal year, but shall not be obligated to provide monthly statements to any Owner thereafter. Special Assessments shall be payable in such manner as the Board shall designate. 4.5 Commencement of Assessments. The Regular Assessments shall commence as to each Lot in the Project upon the close of the sale of the first Lot to someone other than Declarant. The first Regular Assessment shall be adjusted according to the number of months remaining in the f seal year and the initial payment due with respect to a partial month from an Owner, other than Declarant, shall be prorated as of the close of escrow for the purchase of such C}wner's Lot. The Association shall, within ten (10} days after demand and upon payment of a reasonable fee as DECLARATt{3N OF COVENANTS, CONDITI{)NS AND RESTRICTIC?NS FOR CREEKSIDE VILLAGE -PACE 12 determined by Resolution of the Board, furnish to an Owner a certif cafe signed by an off cer of the Association stating whether assessments on hislher Lot have been paid. 4.6 Reimbursement Assessment, The Beard shall levy an assessment against any {}weer who has failed to comply with, or has breached this Declaration, or the Association Ruses ar Bylaws, for whom monies or expenses were expended or incurred by the Association from the operating fund in performing its functions or enforcing the provisions ofthis Declaration, the Association rules or Bylaws. Such assessment shall be for the purpose of reimbursing the Association and shall be limited to the amount so expended or incurred and shall be due and payable to the Association when levied. S. ENFORCEMENT OF ASSESSMENTS S.I Covenant to Pay Assessments. Declarant covenants and each Owner, other than Declarant, by acceptance of a deed to a Lot, shall be deemed to covenant to pay to the Association Regular Assessments, Special Assessments, Emergency Assessments and Reimbursement Fees levied in accordance with Section 4. 5.2 Enforcement. Each assessment levied hereunder shall be a separate, distinct and personal debt and obligation of the person who was the Owner of such Lot at the time such assessment became due and payable. In the event ofa default in payment ofany such assessment, the Association may enforce each such obligation by any and all remedies provided by law. In the event the Association brings an action to enforce each such assessment obligation, any judgment rendered in any such action shall include a sum for reasonable attorneys' fees in such amount as the Court may adjudge against the defaulting Owner, including reasonable attorneys' fees on appeal. 6. ARCHITECTURAL CONTROL 6.1 Architectural Committee. There shall be an Architectural Committee comprised of three (3}members, who shall be appointed. by and who shah serve at the pleasure of the Board. The Declarant shall appoint all of the original members of the Architectural Committee and all replacements until seventy-five percent (75°l0} of all Lots in the Planned Community have been sold and built upon. Thereafter, the $oard shah have the power to appoint all of the members of the Architectural Committee. Members appointed to the Architectural Committee by the Declarant need not be members of the Association. The Architectural Committee, with the approval of the Board, shall have the right to hire a licensed architect, a landscape architect, an engineer or such other professionals as may be required to advise the Architectural Committee in carrying out its duties pursuant to this Section 6. 5.2 Duties of Architectural Committee. It shall be the duty of the Architectural Committee to consider and act upon any and all proposals or plans submitted to it pursuant to the terms hereof, to insure that overall building designs, roof pitch and tile, any painting or exterior coverings, window placements and sizes or improvements constructed or significantly changed, which shall also include landscaping and plantings, on the Project by anyone other than the Declarant conform to plans approved by the Architectural Committee. DECLARATION OF COVENANTS, CONDITI(JNS AND R.ESTR.ICTIONS FQR CREEKSIDE VILLAGE -PACE 12 ~~ Na person shall make any alterations to the exterior afa Dwelling Unit, including changes in color, until the complete plans and specifications, showing the location, nature, shape, height, form of change including, without limitation, any other information specified by the Architectural Committee} shall have been submitted to and approved in writing by the Architectural Committee. 6.3 Architectural Rules. 6.3.1 Initial Architectural Rules. 6.3.1.1 Landscape Plan. Each Qwner shall, as part of initial construction ofa dwelling or upon significant remodeling impacting the exterior of the dwelling, submit to the Architectural Committee and obtain approval of a landscape plan. The Architectural Committee shall require that any prominent trees be preserved. 6.3.1.2 Sidewalks and Driveways. All drives, driveways and sidewalks connecting a residence to the public road shall be paved with asphalt ar cement. 6.3.1.3 Covered Porches. Designs far residences shall, when practical, include covered porches and other unique features, 6,3.2 Amendment of Architectural Rules. Upon the expiration of Declarant's control under Section 6.1, the Board may, from time to time, and in its sole and absolute discretion, adopt, amend and repeal rules and regulations, to be known as "Architectural Rules." Said Rules shall interpret and implement this Declaration by setting forth the standards and procedures for any Committee review and the design guidelines for architecture design, placement of buildings, landscaping, color schemes, exterior finishes and materials and similar features which are recommended for use within the Project, 6.4 Application for Approval of Improvements. An Clwner must submit plans far initial construction on a Lot within twelve X12} months of purchasing a Lat. Any Owner, except the Declarant and any of his designated agents, proposing to perform any work of any kind which requires the prior approval of the Architectural Committee pursuant to any provision in this Declaration, shall apply to such Architectural Committee for approval by notifying the Architectural Committee of the nature of the proposed work in writing and furnishing such information as the Architectural Committee may reasonably require, 6.5 Approval/Disapproval. All approvals given under this Section 6 shall be in writing. If a request for approval has not been granted or denied within forty-five (~-5} days from the date of submission of all information requested by the Architectural Committee, the proposal shall be deemed approved. After Declarant no longer appoints the Architectural Committee as provided in Section 6.1, ifthe Architectural Committee denies the proposal, the applicant shall have the right to appeal such decision to the Board by giving written notice thereof to the President or Secretary afthe Board within ten {10} days after written notice of disapproval is given to the applicant by the DECLARATIC}N C}F CaVENANTS, CC}NDITIt7NS AMID RESTR.ICTIC}NS FC}R CREEKS~DE VILLAGE -PAGE 13 ~~ Architectural Committee. Any such appeal shall be conducted pursuant to rules and regulations established by the Board. The Board's decision shall be final. 6.6 Com letion of Work. The Owner shad complete the exterior construction, reconstruction, refinishing or alteration of any such improvement within six {6} months after approval of plans by the Architectural Committee, except and for so long as such completion is rendered impossible or would result in great hardship to the Owner due to strikes, f res, national emergencies, natural calamities or other intervening forces beyond the control of the Owner or his agents. No dwelling shall be occupied permanently or temporarily until such time as the exterior is completed and a Certificate of Occupancy or similar permit is obtained from Jackson County or other appropriate governmental body. Landscaping on each Lot shall be completed within six {6}months after completion ofthe dwelling on such Lot. Ifthe Owner fails to comply with this Section 6.6, the Board may proceed in accordance with the provisions of Section 6.'7 as though the failure to complete the improvement were a noncompliance with approved plans. 6.'T Inspection of Work. Inspection of work and correction of defects therein shall proceed as follows: (a} Upon the completion of any construction or reconstruction or the alteration or refinishing ofthe exterior ofany improvements, or upon the completion ofany other work for which approved plans are required under this Section 6, the Owner shall give written notice thereof to the Architectural Committee. {b} Within forty-five {45}days thereafter the Architectural Committee, or its duly authorized representatives, may inspect such improvement to determine whether it was constructed, reconstructed, altered or refinished to substantial compliance with the approved plans and shall report its findings and recommendation to the Board. If the Board finds that such construction, reconstruction, alteration or refinishing was not done in substantial compliance with the approved plans, it shall notify the Owner in writing of such noncompliance, specifying particulars of noncompliance, and shall require the Owner to remedy such noncompliance. {c} Ifupon the expiration ofthirty {34} days from the date of such notification, the Owner shall have failed to remedy such noncompliance the Board shall set a date on which a hearing before the Board shall be held regarding the alleged noncompliance. The hearing date shall be not more than thirty (3{}) days nor less than fifteen { 15}days in advance ofnotice thereofby the Board to the Owner, the Architectural Committee and, in the discretion of the Board, to any other interested party. The hearing procedures shall conform to those adopted by the Board pursuant to the Bylaws or Rules. {d} At the hearing, the Owner, the Architectural Committee and, in the Board's discretion, any other interested person may present information relevant to the question ofthe alleged noncompliance. After considering all such information, the Board shall determine whether there is a noncompliance and, if so, the nature thereof and the estimated cost of correcting or removing the sarrze. If a noncompliance exists, the Board shall require the Owner to remedy or remove the same DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CREEKSIDE VILLAGE -PAGE ~.4 ~~ Y .M1 ~~ ,within a period of not more than forty-five (4S}days from the date ofthe Board ruling. Ifthe Owner does not comply with the Board ruling within such period or within any extension of such period as the Board, in its discretion, may grant, the Board, at its option, may either remove the noncomplying improvement or remedy the noncompliance, and the Owner shall reimburse the Association for all expenses incurred in connection therewith upon demand. If such expenses are not promptly repaid by the Owner to the Association, the Board shall levy a Reimbursement Assessment against such Owner pursuant to Section 4.7, hereof. (e} If for any reason the Board fails to notify the Owner of any noncompliance within forty-five (45} clays after receipt of said notice of completion from the Owner, the improvement shall be deemed to be in accordance with said approved plans. 6.8 Liabil,_it~. Neither the Architectural Committee nor any member thereof or their delegates shall be liable to the Association or to any Owner for any damage, loss or prejudice suffered or claimed on account of {a} the approval or disapproval of plans, drawings and specifications, whether or not defective, {b}the construction or performance ofany work, whether or not pursuant to approved plans, drawings and specifications, ~c} the development of any property within the Project or (d} the execution and filing of an estoppel certificate whether or not the facts therein are correct; provided, however, that such member has acted in good faith. on the basis ofsuch information as may be possessed by him. Without in any way limiting the generality of the foregoing, the Architectural Committee, or any member thereof, may, but is not required to, consult with or hear the views of the Association or any Owner with respect to any plans, drawings, specifications or any other proposal submitted to the Architectural Committee. Approval by the Architectural Committee does not mean said Architectural Committee is warranting or incurring any liability for the structural adequacy of the plans, drawings and specifications submitted to and approved by said Architectural Committee. Plans, specifications and drawings may require building permits and other entitlements from the appropriate governmental agencies. 7. PROPERTY RIGHTS AND EASEMENTS 7.1 Common Areas. None ofthe Common Areas will be owned by the Declarant but any rights to access to any or all of the Common Area shall be transferred to the Association.at or prior to the Turnover meeting. 7.2 Access to Common Area. Declarant hereby reserves an easement over any Lot designated as the Landscape or Common Area for constructing or installing landscaping and Project signage. 8. DEVELOPMENT RIGI-ITS 8.1 Limitations of Restrictions. Declarant is undertaking the work of constructing improvements identified in Section 8.2 and incidental improvements upon the Lots included within the Project. The completion of that work and the sale, rental and other disposal of Lots is essential to the establishment and welfare of said property as a residential community. In order that said work DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CREEKSIDE VILLAGE -PAGE 15 !~ may be completed and said property be established as a fully occupied residential community as rapidly as possible, nothing in this Declaration shall be understood or construed to: (a) Prevent Declarant, his contractors, subcontractors, or pennittees from obtaining reasonable access over and across any Common Area ofthe Project or from doing ,on any Lot or any portion of the Project, whatever is reasonably necessary or advisable in connection with the completion of said work; or (b~ Prevent Declarant or his representatives from erecting, constructing and maintaining on any part or parts of the Project such structures as may be reasonably necessary for the conduct of their business of completing said work and establishing said property as a residential community and disposing ofthe same in parcels by safe, lease, or otherwise, including the right to maintain model homes; or (c) Prevent Declarant from maintaining such signs within the Project, as may be necessary for the sale, Tease or disposition ofthe Lots therein, including the right to maintain a sales and resale office in or on some portion of the Project owned by Declarant. 8.2 Declarant's Development Rights. Notwithstanding any other provision herein contained, Declarant expressly retains unalterable rights to develop the Real Property described on "Exhibit A" and sell lots to have homes constructed thereon in the manner deemed desirable by Declarant in Declarant's sole discretion, provided, however, that Declarant has or shall obtain governmental consents where required by law. Upon developrrient of all such Property, Declarant shall have constructed or shall construct the following improvements: 1. Private street, curbs and gutters required by the Approvals; 2. 1Vlailbox pads, street sign; 3. Storm drains, sewer line, stub sewer hookup to curb. Declarant will not construct sidewalks, fencing or landscaping. Nothing in this Declaration shall limit the right of Declarant to commence and complete construction of improvements to the Project or to alter the foregoing or the Lots or open space or to construct such additional improvements as Declarant deems advisable prior to the completion and sale of the entire Real Property described on "Exhibit A." Declarant may use any of the Lots within the Pro}ect owned by him for model homesites, sales offices, and parking therefore. Declarant may use any dwellings upon Lots owned by him as a temporary overnight residence and for promotional purposes in connection with his sales program. Declarant shall have the right and easement to enter upon, use and enj oy the Common Areas for the purpose of completing improvements thereon or for the performance of necessary repair work. DECLARATIC.~N OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CREEKSIDE VILLAGE -PAGE 16 ~~ Declarant reserves the right to alter his construction and development plans and designs as he deems appropriate, subject to applicable governmental approvals. The rights of Declarant under this Declaration may be assigned to any successor ar successors to all ar part of his interests in the Real Property described on "Exhibit A" by an express assignment incorporated in a recorded deed, option or lease, as the case may be, transferring such interest to such successor. This Declaration shall not limit the rights of Declarant to at any time prior to acquisition of title by a purchaser from Declarant, to establish on any Lot additional licenses, reservations and rights-of--way to utility companies or to others as may from time to time be reasonably necessary to the proper development and disposal of the Real Property described on "Exhibit A." 8.3 Turnover to Association. No later than the 60~' day from the date Declarant conveys the six Lots ofthe Planned Community to Owners other than a successor Declarant, Declarant shall call a meeting of the Owners to transfer over administrative responsibility for the Planned Conununity to the Association. Such turnover shall be conducted as required by ORS 94.69 and 94.616. Declarant shall transfer title of the Common Area to the Association no later than the turnover meeting. 8.4 Consent of Declarant to Amendments. Until Declarant shall sell all ofthe Lots in the Project {fats 1-6), na amendment to this Declaration shall be effective to curtail or eliminate Declarant's development rights set forth herein, including but not limited to the right to appoint Directors to the Board and the appointment of Architectural Committee members, without Declarant's consent. 9. DAMAGE OR DESTRUCTION 9.1 Insurance Proceeds Sufficient. In the event of damage or the partial destruction of any of the Common Area improvements in the Project, and, if the available proceeds of the insurance carried pursuant to the Bylaws are sufficient to cover not less than eighty-five percent {85°l°~ afthe cost ofrepair ar reconstruction thereof, the damaged ar destroyed improvements shall be pxomptly repaired and rebuilt substantially in accordance with the original design and standard ofconstructian of the damaged or destroyed improvement, unless, within ninety {90) days from the date of such damage or destruction, at a duly constituted meeting of the Association, Members representing seventy-five percent {']~°I°} of the fatal voting power of the Association determine that such repair and reconstruction shall not take place. 9.2 Insurance Proceeds Insufficient. If the available proceeds ofsueh insurance are less than eighty-five percent {85°!°~ ofthe cast of repair or reconstruction, such repair or reconstruction may, nevertheless, take place if, within ninety {90} days from the date of such damage or destruction, Members representing fifty-one percent {S 1 °fo) ofthe total voting paver of the Association sa elect at a duly constituted meeting of the Association. 9.3 Assessments. If the Members determine to rebuild, either pursuant to Section 9.l or Section 9.2 above, each Owner shall be obligated to contribute such funds as may be necessary to DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CREEKSIDE VILLAGE -PAGE l~ ~~ {c} Any condemnation lass or casualty lass which affects a material portion ofthe Proj ect or any Lot on which there is a First Mortgage held, insured or guaranteed. by such requesting Part3'• {d} Any delinquency in the payment of Assessments or Individual Charges owed by an Owner of a Lot subject to a First Mortgage held, insured or guaranteed by such requesting party which remains uncured for a period of sixty {~iQ} days. {e} Any lapse, cancellation or material modif cation of any insurance policy or fidelity bond maintained by the Association. 1 f1.7 Taxes. First Mortgagees of Lots may, j ointly car singly, pay taxes or other charges which are in default and which may or have become a charge against the Landscape Area and may pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy. 1{1.8 Maintenance Reserves. Association Assessments or charges shall include an adequate reserve fund for maintenance, repairs and replacement of those elements of the Landscape Area which must be replaced on a periodic basis and shall be generally funded through Regular Assessments rather than through Special Assessments. J.C}.~ Notice of Default. A First Mortgagee, upon request, shall be entitled to written notification from the Association of any default in the performance by the affected Lot Owner ofany obligation under the Project Documents which is not cured within sixty {60} days. 11. AMENDMENTS 11.1 Procedure. Except as otherwise herein expressly provided {See Section 8.3}, until the two {2}class voting structure ofthe Association is converted to one {1}class voting, this Declaration may be amended by an instrument in writing signed and acknowledged by the President and Secretazy of the Association, certifying that such amendment has been approved by members representing at least seventy-five percent {7S°lo} of the total voting power of each class of membership ofthe Association. At such time as the two {2} class voting structure has been converted to true { 1 }class voting pursuant to the provisions hereof, any such amendment shall be approved by seventy-five percent {75°la} of the total voting power of the Association and seventy-five percent {7S°l~} ofthe votes of members other than the Declarant. Provided that, the percentage ofthe voting power necessary to amend a specific clause or provision shall not be less than the percentage of affirmative votes prescribed to take action under said clause or provision. Provided further that, the Declarant shall have the power and authority to amend this Declaration when required by a governmental agency as a condition to obtaining a permit. 1~. GENERAL PROVISIONS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CREEKSIDE VILLAGE -PAGE 19 ~~ 12,1 Bindin Effect Term. The covenants, conditions and restrictions of this Declaration shall run with the sand, and shall inure to the benefit of and be enforceable by the Association, or any Owner, their respective legal representatives, heirs, successors, and assigns. 12.2 Nuisance. Every act or omission whereby any provision of this Declaration is violated in whole or in part is hereby declared to be a nuisance and maybe enjoined or abated, whether the relief caught is negative or affirmative action, by Declarant, the Association or any Owner. 12.3 Violation of Law. Any violation of any federal, state, municipal, or local law, ordinance or regulation, pertaining to the Ownership, occupation or use of the Project or any part thereof is hereby declared to be a violation of this Declaration and subject to any or all of the enforcement procedures set forth herein, 12.4 Condemnation of Common Area. If at any time all or any portion of any Common Areas, or any interest therein, is taken for any public or quasi-public use, under any statute, by right of eminent domain or by private purchase in lieu of eminent domain, the entire award in condemnation shall be paid to the Lat Owners of the property condemned, provided the Association is released from any and all obligations of landscaping or maintenance. 12.5 Obligations of Owner. No Owner may avoid the burdens or obligations imposed on him/her by this Declaration through non-use or by abandonment of his/her Lot. Upon the conveyance, sale, assignment or other transfer of a Lot to a new Owner, the transferring Owner shall not be liable far any assessments levied with respect to such Lot after the date of such transfer, and no person, after the termination ofhis status as an Owner and prior to his again becoming an Owner, shall incur any of the obligations or enjoy any of the benefits of an Owner under this Declaration. 12.E Notice of Sale. Vijithin five {5}business days after the consummation of the sale ofany Lot under circumstances whereby the transferee becomes an Owner thereof, the transferee shall notify the Association in writing of such sale. Such notification shall set forth {i} the name of the transferee and his/her transferor, {ii} the street address of the Lot purchased by the transferee, {iii} the transferee's mailing address, and {iv}the date of sale. Prior to receipt of such notification, any and all communications required or permitted to be given by the Association, the Board or the Architectural Committee shall be deemed to be duly made and given to the transferee if duly and timely made and given to his/her transferor. 12.'7 Notices. Any written notice or other documents relating to ar required by this Declaration may be delivered either personally or by mail, If by mail, such notice or document shall be deemed to have been delivered and received five {5}calendar days after a copy thereof has been deposited in the United States postal service, postage prepaid, addressed as follows: {a} If to the Association, to the address designated by the Association as its principal office address in the Articles of Incorporation; DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CF:EEKSIDE VILLAGE -PAGE 2 C7 '~~ {b} If to an Owner, to the address of any Lot owned, in whale or in part, by him/her or to any other address last furnished by an Owner to the Association; {e} If to Declarant: Paul Grout P. (~. Box. 8214 Medford, Oregon 97501 Provided, however, that any such address may be changed at any time by the party concerned by delivering a written notice of change of address to the Association. Each Owner of a Lot shall file the correct mailing address of such Owner with the Association, and shall promptly notify the Association in writing of any subsequent change of address. 12.8 Cumulative Remedies. Each remedy provided by this Declaration is cumulative and not exclusive. 12.3 Partial Invalidity. The invalidity or partial invalidity of any provision of this Declaration shall not affect the validity of enforceability of any other provision. 12.14 Number Gender. As used herein, the singular shall include the plural and the plural the singular unless the context requires the contrary, and the masculine, feminine and neuter shad each include the masculine, feminine or neuter, as the context requires. _ 12.11 Contracts. Any agreement for professional management ofthe Project, which is to be assumed by the Association, or any other contract providing for services, entered into by the Declarant shall not exceed three {3} years. Any such agreement must provide for termination by either party without cause and without payment of a termination fee on thirty {34} days or less written notice. TN WITNESS WHEREOF, Declarant has executed this Declaration this day of , 2045. Paui Grout, Declarant DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CF;EE~£SILIE VILLAGE -PAGE 2l ~~ STATE (~F OREGQN ) ss County of Jackson ) C}n this day of , 2(}05, personally appeared before me the above- named person, Paul Grout, and acknowledged. the foregoing Declaration of Covenants, Conditions and Restrictions to be his voluntary act and deed. Notary Public for {~regon My Commission Expires: DECLARAT~4N QF CC?VENANTS, Ct~NDITIQNS AND RESTR.ICTIt.~NS FC7R CREEKSII}E VILLAGE -PAGE 22 E~~-IIBIT ",~" PLATTNIlti1G DEPARTMENT RECOMMENOEO C£?hll:?iTI4NS OF APPROVAL l . Prior to Final Plat approval, the applicant shall submit to the City a copy of the proposed Covenants, Conditions and Restrictions (CC8cRs) for Creekside Village PUD within one year's time, or July 5, 2Q06. 2. The applicant shall comply with all requirements imposed by affected public agencies and utilities as they pertain to the development of the Creekside Village PLTD. Evidence of such compliance shall be submitted to the City prior to Final Plat approval. 3. The applicant shall comply with all federal, state and local regulations, standards and requirements applicable to the development and construction of the Creekside Village PUD. 4. Public street shown on Tentative Plan shall be named prior to recording of Final Plat. 5. 10 foot Public ~[.7tility Easement immediately behind sidewalk shall be indicated on Final Plat. 6. Mitrimum setback requirements on lots will be ZQ feet for the front yard, 15 feet for the rear yard and 5 feet per, fladr for side yards. 7. No structures, inclu~'rng covered parches, patios, decks and balconies shall be closer to any property line than what minimum setback requirements allow. ~1 Public Works L~epartmenf PUB~,IC YV4. July 21, 2005 TCJ: Planning Department '4RT ~E~T~ ~~ ~~ Bob Pierce, ~irecfor Maft Samitore, L7ev. Services Coord. FRAM: Public Works Department SUBJECT: Tentative Subdivision and Planned Unit Development for 3'7 2W 1ODC, Tax Lot 109 Creekside Village PUD Apt~licant Grout & Associates, LLC P.Q. Box 8210 Medford, 4R 9'7501 Pro ex Descriptionl R-1-6 Zoning Purpose Provide information to the Planning Commission and Applicant (hereinafter referred to as "Developer"} regarding City Publie Works Department (PWD} standards, requirements, and conditions to be included in the design and development of the proposed. Gather information from the DeveloperlEngineer regarding the proposed development. A City of Central Point Publie Works Department Staff' Report is not intended to replace the City's Standards & Specifications. Staff Reports are written in ooordination with the City's Standards 8~ Specifications to form a useful guide. The City's Standards & Specif cations should be consulted for any information not contained in a Public Works Staff Report. Existing .Fn, frastructur~e 1. Streets: This section of Beall Lane is improved to a paved width of 24 feet. Beall Lane is classi- fied in the City's Transportation System Plan as a Minor Arterial. 2. Water: There is an existing twelve-inch water line in front of the subject property. 155 Socrth Second Street ~~~ Central Point, QF~ 9T5Q2 ~ 549.664.3321 ~ Fax 549.664.63$4 ~~ ~. Storm Drain: There is no existing storm drain faeilites within the immediate area Creekside Village PUD Transpt~rtativn Currently Beall Lane is a country road that is paved to twenty four to forty feet in width. In the City of Central Point's Transportation System Plan Beall Lane is ciassifzed as a Minor Arterial. ~he~ improved, Minor Arterials are designed to handle up to 10,000 vehicle trips a day or 1000 P.M. Peak Hour Trips. The most recent traffic counts for Beall Lane were conducted by the City of Central Point in 2004. The total trips per day were approximately 5000. No major transportation improvements or land use applications have occurred since the count was completed, If approved as a PUD the proposed project entails the development of six residential lots. Based on the Institute of Transportation Engineers {ITE} Trip Generation Manual base figuxe of 9.55 average trips per day per residence, the project would potentially create up to 57.3 average daily trips or roughly 5.7 P.N.I. peak hour trips. The Public 'Stilorks Department does not have standards that require Traffic Studies for new development. The City typically uses the Oregon Department of Transportation's {ODOT} Guide to Development Impact Analysis as a guideline for requiring traffic studies. Only developments of 150 or more single family homes require a traffic study The applicant has also proposed the use of a private street within the development, if approved as a PUD. The Public works Department is requesting that the street remain as a public street. The curb to curb face is adequate fox a minor residential street with parking on one side. The applicant will responsible for improving Beall Lane along the property frontage. These improvements will be additional paving width, curb, gutter and sidewalks. Contlitirrns ofApprvvat 1. Beall Lane Improvements: Developer will be responsible for constructing curb, gutter, and sidewalk and additional paving width to Beall Lane along the property frontage to a minor arterial standard. The Developer is eligible for some street System Development Charge {SDC} reimbursement for the upsiz- ing costs. 2. Subdivision Street: If approved as a PUD, the Public Vi~orks Department is requesting that the street become a public Street. The developer is also proposing a five landscape strip and a five foot sidewalk on private property. The landscape strip will also need to be a water meter easement and the sidewalks need to be in a dedicated easement as well. 3. Street Name: Developer shall submit a proposed street name for review and approval prior to issuance of Final Flat. 955 South Second Street =~:} Central Point, 4R 975t?2 ~ 549,fi64.3329 {~ Fax 549.fifi4.6384 ~~ 4. Public Utility 1asement; if approved as a PUD, a ten feet wide public utility easement immediately be- hind the sidewalk easement. 5, Crarage set~saciCS; if approved as a PUD, the public works department requests that the front yard set- back for the garage be measured from the back of sidewalk instead of the true property line. This al- lows for vehicles parking outside of the garage to be located outside of the sidewalk area. 6. Grading Permit: The City of Central Point wilding Department requires grading permits far all new subdivisions. Developer will need to provide a valid grading plan as part of construction documents and receive a permit from the building department prior to construction. 7. Street Tree Plan: Prior to issuance of a building permit, the applicant shall submit for approval by the Public Works Director, a landscape plan for the areas designated far landscape rows. The plan shall in- clude construction plans, irrigation plans, details and specifications for the trees to be planted within the landscape rows. Plantings shall comply with Municipal Code Section 12.36. Tree plantings shall have at least a 1 'l2" trunk diameter at the time of installation. All street trees shall be irrigated with an auto- matic underground irrigation system, The current site plan does not indicate trees planted at 2fl-4a feet on center, St~rndard Spec~crrtr'ons and Goals The Central Point Public Works Department is charged with management of the City's infrastructure, including streets, waterworks, and storm water drainage facilities. In general, the Department's "Standard Specifications and Uniform Standard Details for Public Works Construction" shall govern how public facilities are to be constructed. The Developer is encouraged to obtain the latest version of these specifications from the Public Works Department. Central Point Public Works is committed to working with the Planning Department and developers to assure that all developments are adequately served by public facilities. Public facilities not owned or maintained by the City of Central Point include: Power {PP&L}, Gas {Avista}, Communications {Qwest}, and Sanitary Sewer {RVSS}. lrn working together it is the Department's expectation that the developer will feel free to call on the Department whenever the standard specifications are not, in the developer's opinion, adequately meeting the needs of the development. The Department will listen to the developer's concerns and work with the developer to achieve the best outcome. 1-lowever, the Department is not obligated to assure a profitable development and will not sacrifice quality for the sole purpose of reducing cost to the developer. It is always the developer's obligation to provide the public improvements necessary, as determined by the Public Works Department, to serve the development, The Department and the developer also have an obligation to assure that public facilities are constructed so that other properties are not adversely impacted by the development. 155 Soufh Second Street Central Point, C)R 97'5Q2 * 541.664.3321 ~ Fax 541.664.6384 17eveldpment Flans --Required Informativrz Review of public improvement plans is initiated by the submittal of 3 sets of plans that are at least 95°l0 complete, The plans shall include those of other agencies such as RVSS. lioliowing plan review, the plans will be returned to the Developer's engineer including comments from Public Works staff: In order to be entitled to fixrther review, the Applicant's Engineer must respond to each comment of the prior review. All submittals and responses to comments must appear throughout the plans to be a realistic attempt to result in complete plan approval. Upon approval, the Applicant's Engineer shall submit {`i~ copies of the plans to the Department of Public Works. fn general, the plan submittal shall include plan and profile for streets, water, storm drainage and sanitary sewers, storm drainage calculations, storm drainage basin map, erosion control plan, utility and outside agency notifications and approvals. The plan may also include applicable tt`affic studies, legal descriptions and a traffic control plan. Public ifi'vrks Permit A Public Works Permit will only be issued after the Department Director approves the final construction drawings. After approval, the fees associated with the development will be calculated. and attached to the ~pubiic works permit, Ail fees axe required to be paid in full at the time the Public Works Permit is issued, except Public Works Inspection fees, After project completion during the final plat application process, the Public Works Inspector will calculate the appropriate amount of inspection tune to assess the developer. Before the final plat application is processed the developer must pay the relevant inspections fees and bond for any uncompleted improvements (as determined by the Public Works Director). Creekside Vallage PZTI) -Plans 1. Three sets of plans at 9S°lo complete stage are to be submitted for review by the Public Works Depart- ment. 2. Once approval is achieved the Developer shall submit four sets of plans to the Public Works Depart- ment for construction records and inspection. 3. The Developer's Engineer shall document changes to the approved drawings made in the field. A my- lar and digital copy of the final "as-built" drawings will be required before the final plat application is processed. Creekside Y'r`llage FLI.U -- Protectintr of Exr""sting Facilities 755 South second Sfreet ,Central P©int, 4R 975(12 ~ 549.6fi4.3321 ~ Fax 541.6fi4.6384 ~',~- The locations of existing facilities shall be shown on ail applicable construction drawings for Public Works projects as follows: l . The exact locations of underground facilities shall be verified in advance of any public works construc- tion, in cooperation with the public or private utilities involved. 2, All existing underground and surface facilities sha11 be protected from damage during design and con- struction ofpublic works projects. 3. Any existing facilities not specifically designated for alteration or removals, which are damaged during construction, shall be restored or replaced to a "same as" or better than condition, at the expense of the Developer. 4. Suitable notice shall lae given to ail public and private utility companies in advance of construction for the purpose of protecting or relocating existing facilities. Creekside Vrlluge PLI.U - Water Connection 1. Water system designs shall consider the existing water system, master plans, neighborhood plans and approved tentative plans. The Developer, Engineer and Contractor shall provide the necessary testing, exploration, survey and research to adequately design water system facilities, which will connect to and be a part of, or an extension of the City water system. Ali requirements of the Qregon State Plumbing Specialty Code and the C}regon State Health Department, as they pertain to Public Water Systems, shall be strictly adhered to. 2. The City of Central Point Public Works Standards & Specif cations should be consulted for specific information regarding the design and construction of water system related components. Creeksr'de Village P~.I3 -,Streets 1. The Developer's street designs shall consider the needs of people with disabilities and the aged, such as visually impaired pedestrians and mobility-impaired pedestrians. Every effort should be made to locate street hardware away from pedestrian locations and provide a surface free of bumps and cracks, which f55 South Second Sfreef Central Poinf, t7R 9~5t?2 ~ 549.Ei64.3329 ~ Fox 549.fi64.6384 create safety and mobility problems, Smooth access ramps shall be provided where required. All de- signs shall conform to the current American Disabilities Act {ADA} or as adopted by the Oregon De- partment of Transportation {flD(~T}, C~regan Bicycle and Pedestrian Plan. The determination of the pavement width and total right-of way shall be based on the operational needs for each street as determined by a technical analysis. The technical analysis shall use demand volumes that reflect the maximum number of pedestrians, bicyclists, parked vehicles and motorized vehicle traffic expected when the area using the street is fully developed. Technical analysis shall take into consideration, transportation elements of the Comprehensive Plan, TOD, neighborhood plans, approved tentative plans as well as existing commercial and residential developments, All street designs shall be coordinated with the design of other new or existing infrastructure, Creekside Village PIJ.~- - Stvrrn Drain l . It shall be the responsibility of the Developer's Engineer to investigate the drainage area of the project, including the drainage areas of the channels ar storm sewers entering and leaving the project area. if a contiguous drainage area of given size exists, the engineer may use information that has formerly been established if it includes criteria for the drainage area at complete development under current zoning and Comprehensive Plan designations. If the City does not have such information, the engineer shall present satisfactory information to support his storm sewerage design. The engineer shall also be re- quired to provide all hydrology and hydraulic computations to the Fublic Works Department that are necessary to substantiate the storm sewer design. The storm water sewer system design shall be in con- formance with applicable provisions of Oregon DEQ, DSL and flDFW and United States COE and consistent with APWA Storm Water Phase ll requirements. 2. The City of Central Point Public Works Standards & Specifications should be consulted for specific in- formation regarding the design and construction of storm drain related components. Creekside pillage PL7l? -Required Submittals All design, construction plans and specifications, and "as~built" drawings shall be prepared to accept- able professional standards as applicable, the Developer shall provide copies of any permits, variances, approvals and conditions as may be required by other agencies, including, but not limited to Oregon De- partment of Fish and Wildlife ~DFW}, Oregon Department of Environmental Quality (DEQ}, Oregon Division of State Lands {DSL}, t~regon Department of Transportation ~4DOT} approval for storm drain connection and easement, landscape berms, U.S. Army Carps of Engineers ~AC(~E}, affected irrigation districts, Bear Creak Valley Sanitary Authority ~RVSS}, and Jackson County Raad and Park Services Department (JC Roads}, DSL and ACRE, as applicable {wetland mitigation}. 955 South Second Street Central P©iraf, flR 97'542 •5~9.fi64.3329 ~ Fax 541.5fi4.&384 'e~s~ 4n iJ-- v.S ~'. ~V~~D~~~ D~PARTM~~T l.ais peBenedetti, Building C>fficial BUILDJIVG DE`PARTMEIVT STAFF REPQRT June 14, 2005 T~3; Planning Department Planning file no. 45079 FR{~M; Building Department SUBJECT; Creekside Village PUD -off Beall Lane APPLICANT; Name: Paul gout Address P. C?. Box 8219 City; Medford State; Oregon ~ Zip code: 975{}1 PRC3PBRTY DESCRIPTION; Southeast 1/4 Section 10 Townshi 37South Ran e 2 West Willamette Meridian Cit of Central Point 37-2W-1 ODB TL 9300 . PURPOSE The staff report is to provide information to the Planning Commission and the Applicant regarding City Building Department requirements and conditions to be included in the design and development of the proposed project. This is not a plan review. This report is preliminary and compiled solely for use by the Central Point Planning Commission. _1_ 155 South Second Street Central ~'oint, OR 97502 n 541.664.3321 Fay 541.664.638 B[1I~.DTNG DEPARTMENT STAFF F:EP4RT BUDDING DEpARTIUIENT COMMENTS: 1. Applicant, agent and contractors must comply with all current State of Oregon adopted codes, and apply for all permits through the Gentral Point Building Department. 2, If a private storm drain system is proposed it must be reviewed and a permit issued by the Central Point Plumbing department. 3, Any pr'~vate street lighting must be reviewed and permitted by the Gentral Point Electrical Department. 4. Provide the building department with a Geatechnical report as required by C~SSG Appendix J and chapter ~ 8 and Ghapter 4 of the {~DSG. A written report of the investigation shall include, but need not be limited to, the following information; a. A plot plan showing the location of all test borings andlor excavations. b. Descriptions and classifications of the materials encountered. c, Elevations of the water table, if encountered. d. E~ecommendations for foundation type and design criteria, including bearing capacity, provisions to mitigate the effects of expansive soils, provisions to mitigate the effects of liquefaction and soil strength, and the effec#s of adjacent i~rads. e, When expansive soils are present, special provisions shall be provided in the foundation design and construction to safeguard against damage due to expansiveness. Said design shall be based on geotechnical recommendations. 5, Gradingl excavation permits are required in accordance with OSSG Appendix J and chapter '18 and flDSG chapter 4 regarding any fill material placed on the site. Fills to be used to support the foundation of any building or structure shall be placed in accordance with accepted engineering practices. _2_ 155 South Second Street Central Point, C7R 97502 ~ 51.664.3321 Fax 541.6b~.638~ ~~ ~3UIL~II~~ L EPAP..T~1E~T STAFF REPC?RT A soil investigation report and a report of satisfactory placement of fill {including special inspections of placement of fill and compaction} acceptable to the Building Official shall be submitted prier to final of the gradinglexcavation permit. Building permits will not be issued until gradinglexcavation permit is finalled. Exception: ~ . The upper 1, 5 foot of fill placed outside of public rights-of- way. 2. The upper '! .5 foot of fill that dues not underlie buildings, structures, or vehicular access ways or parking areas. 6. To move or demolish any existing structures located on the property call the Building Department for permit requirements. 7. hlotify the City Building Department of any existing wells, or septic systems located on the property. 8. Any development t any man-made change} to improved or unimproved real estate located within the flood hazard area of the City of Central Faint shall require a Development Permit as set forth in the Central Point Municipal Code 8.24.'i 20. Any changes proposed shall be submitted in writing by the Applicant, or Applicant's contractor to the Building Department for approval prior to start of work. -3- 155 South Second Street ~e~tral Point, QR 9'7502 ~ 541.664.3321 ~ Pax 541.664,6384 ~~ ~~t ~~r:~~~~ 1~: ~.t a~~~-~~~ JCFI~3 Bll~ Cl~'C PAGE X21 X73 ~ac~CSOn ~oun~y ~irc ~}is~ric~ ~`~o. ~ ,_, .~ ~>~ +~ l ~' ~ }date ~oar~ .. ~~itc ,icy {~~ 9.T5~3--I4~7~ ~~~~~~~ z~; =K°,~ (~~-t ~ 8~6-~ i o© ~vaic~} (5~E- 4 ~ 82~-9-t 66 ~~ax} ,tune ~3, 2Q45 Project # fl5fl7fl -Creek side ltiiiage Paul gout Add one fire hydrant to the entrance of this project. • Pest No Parking Any ~'ime Signs as directed by the Fire District {see plat maps Paint curbs red in the tum around designated area and past Nc Parking signs as required by the Fire gistrict~ • The 1=ire district prier to building construction will sign ©fF final inspection of curb painting and signage. ~~~ Mark Moran ~- ©F ~~ ~611i~2H05 14;19 ~~Qy~~c s~W~,~~ Scene 17, 2045 541666117171 €~~5 PAGE ~1 ROGUE~VALLEY SEWER SERVICES 7.,t3c~tion: t~36 West'4 mot. Kett ~erschler City of Central Paint Planning I55 Sauth Secc~r~d Street Central Faint, Oregon. ~7S(~2 Re: Cxeekside V~lage Su wear Ken., 'fie subjECt pxoperty is withi~a tb.e uzana.ged byRVS. Sewer service to the purposed deg private street. It ap~,ears from the Butte Zane on an easement betwe easement is at least 1 S feet wide. existing xxtain line on $eall Zane ; case, the sewer main mgt be desi I2.VS requests that appra~ral of the l . Appiacant zxzust design anal RVS standards. 2. Concurrence by RVS that have been met. Feel free to call zne if you have any Sincerely, _ f``~-G.,S,. arl Tappert, P.E. District Engineer VILL~s.GE,DOC gad, Cenix`~1. ~'oint ~vSailixsg .A.cidr~+ss; ~':4.1iox. 31~3Ct, Cc~kC~ ~oint,C}~ }75t}2.O~S s64-63c}(3 nr C~4~} 779-~Z44 ~Ax (s41} 664-117i wcv~v.RVSS.~s F.AX ~~~-6384 ~`ile #05064 service area and the Storznwater Quality boundary dent will require a znaixa. line extension clang the proposed five plat that the sewer maixz will be extended from snowy adjacent Dots. '~bi.s will be acceptable provided the is ztot possible, the sewer main maybe extended frarn an ~imately 25(l feet East of the subject praperty. ln. either anal constructed in accordance with RVS standards. development be conditioned upon the follc~wixzg: the sewer ~zain. line extension in accordance with quality;requirements o#'the Phase Z NPDES pezmit regarding this pro j ect. 1Vl~i4I~112C30510507t1-CREEI~SIDE 93