The URL can be used to link to this page

Home My WebLink AboutPlanning Commission Packet - July 5, 2005CITY OF CENTKAL POINT PLANNING COMMISSION AGENDA July~~S, 2005 - 7:00 p.m. L+i Next Planning Commission Resolution No. 658 I. MEETING CALLED TO ORDER II. ROLL CALL Connie Moczygemba ,Candy Fish, Damian Idiart, Mack Lewis, Scott Mangold, Chuck Pi(and, and Wayne Riggs, III. COKRESPONDENCE IV. MINUTES A. Review and approval of June 21,2005, Planning Commission Minutes V. PUBLIC APPEARANCES VI. BUSINESS A. Public hearing to consider Planned Unit Development and Tentative Plan applications for the purpose of constructing 91 detached single family residences to be known as White 13awk Estates. The subject property is located north of Beebe Road, east of Pgs t-as Gebhazd Road and west of Hamrick Road and is identified on the Jackson County Assessor's map as 37 2W 02, Tax Lots 2700 & 2701. Approval for these applications if granted would be contingent upon granting final approval of a pending Zone Map Amendment application. B. Public hearing to consider Planned Unit Development and Tentative Plan applications for the purpose of constructing 63 single family dwelling units to be known as Gebhard Village. The subject property is located north of Beebe Road, east of Gebhard Road and Pgs s~-t2t west of 13amrick Road and is identified on the Jackson County Assessor's map as 37 2W 02AA, Tax Lot 2800. Approval if granted would be contingent upon granting final approval of pending Comprehensive Plan & Zone Map amendment eco~osos C. Public hearing to consider a `tentative Plan applications for the purpose of creating 5 Single Family parcels to be known as Pear Tree Estates. The subject property is located rg5 i22-tao north of Beall Lane, west of L1S Highway 99, and south of Timothy Street and is identified on the Jackson County Assessor's map as 37S 2W IODA, Tax Lot 6300. VI. MISCELLANEOUS VII. ADJOURNMENT rco~osos June 21, 2005 Minutes PlanninK Conunission Minutes ./ime 21, 2005 Page l City of Central Point Planning Commission Minutes June 21, 2005 MEETING CALLED TO ORDER AT ~: oo P.M. II. ROLL CALL: Chairperson Connie Moczygemba, Damian Idiart, Scott Mangold, and Wayne Riggs were present. Candy Fish, Mack Lewis and Chuck Piland were absent. Also in attendance were: Tom Humphrey, Community Development Director; Dave Alvord, Community Planner; Ken Gerschler, Community Planner; Matt Samitore, Development Services Coordinator and Lisa Morgan, Planning Technician. III. CORRESPONDENCE Minutes for June ~, 2005 were distributed. Correspondence was distributed related to Items A & C. IV. MINUTES Commissioner Riggs made a motion to approve the minutes from June ~, 2005, with one correction. Commissioner Mangold stated he made a site visit for Item A. Commissioner Mangold seconded the motion. ROLL CALL: Idiart, Abstain; Mangold, yes; Riggs, yes. Motion passed. V. PUBLIC APPEARANCES Tom Humphrey, Community Development Director made a public announcement regarding details for the Downtown Festival beginning June 30, 2005. VI. BUSINESS A. Public hearing to consider Planned Unit Development and Tentative Plan applications fora 211ot subdivision known as Northern Heights. The subject property is located west of North Third Street and north of Crown Avenue in an R-1-8 zoning district. The property is identified on the Jackson CountyAssessor's map as 3~ 2W ogAC, Tax Lots 100 & 9900. Plnmrin,Q Connnission Miuules June 2/. 2005 Pnge 2 Commissioner Mangold made a site visit David Alvord, Community Planner presented the staff report. Mr. Alvord went through the setbacks, lot size requirements, and maximum density for the zone. Mr. Samitore went through the conditions that the Public Works Department would like to add. Those conditions were: Increase the new road along the northern portion of the development to a width of 34 feet; and add landscaping along the property that abuts N. 3~a Street. Mr. Samitore said that the improvements for the intersection of Scenic Avenue, Upton Road, N. 3~a Street and N. loth Street have been included in the new budget year. Storm drainage is problematic in this area and this development would require a storm drainage easement or install a significant on site storm drainage system. Paul Grout, applicant said that this proposal is the best use to blend with the surrounding R-i-8 zoning. Mr. Grout met with School District # 6 and has agreed to provide access to the school. There will be an open space area with a 6' perimeter fence. Mr. Grout said this lot is an irregular shape. He has also spoke with residents around the subject property. He stated that most of the neighbors concerns were for storm drainage, low income housing, two story structures, traffic and safety of children playing. His solutions to the neighbors concerns were that all lots will drain into a new storm drain, the 2na story windows will be elevated high enough to allow light, making it difficult to look down into the yards of the existing homes. He explained that these are single family homes not multiple family homes. Mr. Grout said another concern mentioned if residents may have firearms being in close proximity to a school. He spoke with his attorney, and does not feel this is a problem. JoVaughna Parker, a resident of Comet Street would like to see the project approved. She feels this can only enhance the surrounding properties and positively effect property values. Adam Barejau, a resident on Victoria Way spoke with Mr. Gout prior to the meeting. He stated that there are already water problems. He feels this development is a plus for existing storm water problems and property values. He is in support of this project. Colleen Noceminto, a resident on Comet Street said that the barricades prevented people from driving through. Chairperson Moczygemba explained how the estimates for traffic were arrived at, and hoped the open space would provide some safety to the children. She said that no matter what gets developed there it will increase traffic. Plnrming Connnission Minutes June 21, 2005 Pnge 3 Kaylyn Jonas, a resident on Victoria Way is concerned with traffic. She has a son that plays out there and that many more trips per day would cause him having to look out t9i more times. Mabel Morrow, a resident on Crown Avenue wrote a letter to enter into the public record. She explained that sometimes it takes as long as 5-~ minutes to pull out off of Victoria. Her main concerns are traffic and safety. Dick Parker, a resident on Comet Street is concerned about low income housing. Open land will be developed and he wants high quality homes versus high density low income. There have been storm water floods on Comet Street in the past. Tim Robins, a neutral resident on Victoria Way has concerns with two story, and wanted clarification of "elevated" windows. David Alvord, Community Planner explained elevated windows and added that frosted windows could be a possibility. There can be on-street parking with the street width being extended to 34'. He feels it is a good plan if it is adhered to. It is a narrower road though and could cause safety problems for kids. Paul Grout, applicant stated that there will be a gate on the northern portion of the fence to maintain access to school. Lots tt, 12 and 13 on the corner of Crown and the new street will have a 20' driveway, so cars will not be backing directly onto the street. CC & R's will regulate the Architectural Review Committee. Homes could be a minimum of t,5oo square feet with a 2,000 - 3,00o square foot maximum. Mr. Grout agrees with widening street and feels it is an advantage to have additional parking. There will probably be barricades at the west end portion of the new street. Safety and traffic can be controlled by school speed signs and crosswalks. Mr. Samitore stated he would work with the applicant to explore school speed limit signs and crosswalks. The public portion of the meeting was closed. Commissioner Idiart made a motion to adopt Resolution 655 approving Tentative Plan and Planned Unit Development applications, based on the standards, findings, conclusions and recommendations stated in the staff reports, in addition to the following conditions: i. Applicant will follow through with traffic calming options; 2. the new portion of Crown and the new road will be widened to 34' and g. Include landscaping along N. 3~d Street. Commissioner Riggs seconded the motion ROLL CALL: Idiart, yes; Mangold, yes; and Riggs, yes. Motion passed. BUILDING D~PART~I~~~T STAFF R.EP4RT BUDDING bEPARTMENT CC}MMENTS: 1. Applicant, agent and contractors must comply with ail current State of C}regon adopted codes, and apply for all permits through the Central 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 private street lighting must be reviewed and permitted by the Central Point Electrical Department. 4. Provide the building department with a Geoteehnical report as required by OSSC Appendix J and chapter 18 and Chapter 4 of the ODSC. 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 and/or 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, previsions to mitigate the effects of liquefaction and soil strength, and the effects of adjacent loads. e. lNhen 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. Cradingl excavation permits are required in accordance with c~SSC Appendix J and chapter 18 and C}DSC 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. ..~_ 155 South Second Street Ce~ltral Poi~1t, QR 97502 n 541.G~4.3321 Fax 541.~a64.G384 B~JILDING DEPARTM~~T STAFF REPCIRT 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 afticial shall be submitted prior to final of the gradinglexcavation permit. Building permits will not be issued until gradinglexcavation permit is finalled. Exception: ~ . The upper ~ . 5 foot of fill placed outside of public rights-ot- way. 2. The upper 1.5 toot of fill that does not underl'€e 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. ~. 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 Development Permit as set forth in the Central Point Municipal Code 8.24.12n. 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 Strut Central Po1nt, OR 97502 ° SG~1.G64.3321 'ax 541.~~4.G384 _v, . ............ _~, .~. ......v-.,.....~., vti.f v.~ r7ua uru fi"f~U~. ~l`llkl'G ,~ 1 1~'~++~,-~ ,/tip{ b..+ '~`~1 ~ ~~ ~ ~} ,,~ac~an ~,ountc~ ~irc ~is~rs"ct ~c~. ~ ~ ~~ ~ 3 3 3 ~~a~e ~,oac~ .t w~ ~5~- ~ ~ ~z~-T ~ ©o {VO;~e~ C5~- ~ ~ sz6~r566 (Fax} ~l#i .11/ J*R~3 (~~F ~i~ Fire 1istrict #3 ~omm~nts for; Project # t3S~~ ~ White hawk ~- PUD • The developer shad follow all fire code construction safety pr~c#icea. o ~t~btain handout from Fire district Deputy Mark Mt~ran) • Flre Fiyt#rants and Roads shall be in place and aperatianai pear to any building construction. • Fire ~lydrants shall be approxlmateiy 3Qt3 foot spacing. • Any building 3t1 foot or greater height shah provide Fire t*adder truck. access or a Putt sprinkler system shad be installed. • Phases 11 ~ I shall not be allowed in a manner that will Impede pubtic access. • 8ultdtngs shell not be oceupled under 2~ny conditions unfit all fire ~ 8uitding cads requirements are me#. • L,ocat law enfarc~ement shah be made to have authority to enforce local pubtic access laws Blocking Fire Hydrants, streets, etc.} Vlihen required street curbs shad be painted to meet all safety standards, • Fire Hydrants shall nat have any more than a 9 fl ~ foat set back from curb face. Hydrants shall meei City instatl standards. Vehicte impact protection may be required. 3 feet clearance around all hydrants no obstructions, plants driveways edge$ etc. Ntark oran _DFM SS ~361~t3~2~~~ 11:4 r~~~~'~~ S~i~,~p~~ c~' .. June Ztl, 20Q5 541666417171 F~~J6 PAGE 01l~1 ROGUEIVALLEY SEWER SERVICES I..ocatiott. 23$ W~tl 'del. feu Gerscl~ler City of Central 1'ois~t 1'laztning 155 Soutb~ Second Street Central Poixtt, dregc~z~ 97502 ~{e: Whig $,awl~ PUA, File ~ (!501.1 Dear K,en, The subject property is within the RVS RVS. There is a publ% server main on development. Tk~.e remainder of the de sewer mazrx at the intez~ctioxx cif Green a new subdivXSion to tia,e 2~orth wktich ti developer should c~rnntact the adjaceaat 1 extension must be designed and cons#r± The e~.isting sewer rnaiz~ on the No to suppozt additiobai, develapzx~ent. Rogue Valley Sewer Servicss requests following conditions( 1. The sariitaty sewer standards and must be 2. The applicant must de tra #`t~al plat approval, E`you need additional infox~.ation, Sixkcerely, ~~_,~~. Carl Tapper(, P.E. A%stxict Engineer ~.IbATA' Road, Ce~tr~t} k'vint -Mailing Asddx~ss: ~?O. BoX 3'F3(3, Centca~ pota~tJT{ 975f12,OCyC15 I.) 664-6340 at ~641.}'7'?9-41.44 FAQ {54t} 66d-771 www.~~SS.us F.AX b6~t-6384 vice area at~d the Stcnr~x~w~#er Q~ity 6ottz~dary ma~aa~;ecl by :bc Road whielz can serve a portia~ ofthe purposed zp~ent will requixe a main lizze extension. fxozn the existing .!ley 1Load and Qebhard Read. Theta is curren#iy a proposal for also requixa a main line extension froze #his locafiion. The serty owner to coordinate sewer cor~structioxt work. This :d in accordance with RVS standart~. property line does no# rrleet RVS standards and canrzat be used approval of the prapased develcrprtaez~t be suhjeat to the be designed. and con~vcted in accordance rvitla RVS as a public system by 12V5 prier to final plat approval. cvliance with RVS stormwater clualzty requtxenaen#s priox call, rr~e at 664-300. 11-PUD ~t~HITIECA~'V~.,I~C~C ~~ ~> : rf f~~~y ~~ f AFTER RECORDING, RETURN TO: ~,"t'''f"'A e, DECLARATION OF COVENANTS, CONDITIONS ANI3 IvZEST12ICTIC3NS FOR This DECLARATION is made this day of , 2f~Q4 by - an Oregon lir~xited liability company, ~"Declarant"~ RI±~CITAY,S A• _ , is the owner and developer of certain real property located in County, State of C?regon, commonly known as a portion of ~ and substantially as described on the attached Exhibit "A" and as shown on the attached Exhibit "B" {the "Property"). The Property is comprised of subdivided lots ~ } to be sold and developed as residential living units, plus adjacent common area tracts. B. Declarant has received permission fr©m - ~ to market the Property under the Warne of _ '' I'Ienceforth, the property will be known as ~. C. Declarant desires to subject the Property to the terms of this Declaration for the purpose of enhancing and protecting the value, desirability and attractiveness of the Property, for the benefit of such property and its present and subsequent owners. NOW, THEREFORE, Declarant hereby declares that ~ shall be held, sold, and conveyed subject to the terms of this Declaration, which shall run with such property and shall be binding upon all parties having or acquiring any right, title, or interest in - such property or any part thereof and shall inure to the benefit of each Owner thereof. ARTICLE 1. DEFINITIC)NS As used in this Declaration, the terms set forth below shall have the following meanings: 1. l "Areas of Gammon Responsibility" means those areas for which the Association has maintenance, insurance, operating and other responsibility under this Declaration, as amended or supplemented from time to time. 1.2 "Assessments" means all assessments and other charges, fines and fees imposed by the Association on an Owner in accordance with this Declaration, including, without I -DECLARATION OF COVEZ~rANTS, CONDITION'S AND RESTRICTIONS FOR ~~ limitation, Annual Assessments, Special Assessments, and Individual Assessments as described in Article 10 below. 1.3 "Association" means the nonprofit mut~zal benefit corporation fanned #o serve as the Owners' association and known as "' Association, II1C." m 1.4 "Board" shall mean the Board of Directors of the Association as elected by the members pursuant to the provisions of the Bylaws. l .5 "Building" shah mean any structure located on a I of within the Property. l .6 `Bylaws" rrzeans the bylaws of the Association as such bylaws maybe amended from time to time. 1.7 "Common Areas" means those lots ar tracts designated as such on any plat of the Property or in this Declaration including any Improvements thereon, but excluding those areas designated as public streets and public right-of--ways, if any. Common Areas will also include Common Baserrzent Areas and Public Areas. 1.8 "Common Easement Areas" means #hose easements established for the benefit of all property within ' ~ pursuant to any plat of the Property. l .9 "Community-Wide Standards" means the standards of conduct, maintenance, or other activity generally prevailing throughout the Property. Such standards may be more specifically determined by the Association from time to time during the term of this Declaration, as may be extended by the terrxrs hereof. 1.1(} "Declarant" shall mean . _ _ , an Oregon limited liability company, and its successors and assigns if a recorded instrument executed by Declarant assigns to the transferee all of Declarant's rights under this Declaration. 1.1 I "Declaration" shall mean the Declaration of Covenants, Conditions and Restrictions for' ~ ~, as amended or supplemented from time to time. 1.12 "Design Review Committee" shall mean the group of individuals responsible for implementing, interpreting, and enforcing the Design Guidelines and certain provisions of this Declaration. 1.13 "Design Guidelines" shall mean the initial design and development guidelines and application and review procedures which shall apply to all construction activities within the Property. The Design Guidelines znay contain general provisions applicable to all of the I.~ots, as well as specifrc provisions which vary from one portion of the Property to another depending upon the location, unique characteristics, and intended use. 1.14 "Development Period" means the period of tune between the date this Declaration is recorded in the official records of County, Oregon and the earliest of {a} when fif#een {l5} ofthe I.,ots have been conveyed to persons other than I7eciarant or an 2 --DECI.,ARA`I'ION OF COVE1~lA~ITS, CO~IDITIt~NS A~FI~ RESTI~.ICTIOI'~S FOR ,~J~' affiliate; (b} when, in its discretion, Declarant so determines, as evidenced by a document executed by Declarant to that effect and retarded in the official retards o- County, Oregon; or {C} ten {l0} years from the date this Declaration is recorded in the official retards of County, Oregon. 1. l 5 "Improvement" shall mean every temporary or permanent structure of any kind, including, but not limited to any buildings, outbuildings, private roads, driveways, parking areas, walkways, fences and barriers, retaining wails, stairs, decks, hedges, windbreaks, planting, planted trees and shrubs, park strip {if any}, signs, storage areas and ail other strizttiires ar exterior landscaping, vegetation or ground cover of every type and every kind above the land surface. l .16 "Living Unit" shall mean any portion of a structure situated upon the Property designed and intended for use and occupancy as a residence by a single family. 1.17 "Lot" shall mean Bath platted ar legally partitioned lot within the Property. Lot does not include Common Areas ar Public Areas. 1.18 "Master Plan" means the development approval issued by County for as the same may hereafter be amended. 1.19 "Owner" shall mean the record Owner, including Declarant, whether one ar mare persons or entities, of the fee simple title to any Lot ar a purchaser in possession under a land sale Contract, except as otherwise provided for herein, in the Articles of Incorporation or the Bylaws. The foregoing does not include persons ar entities who hold an interest in any Lot merely as security for the performance of an obligation ar a tenant or holder of a leasehold interest, except as otherwise provided for herein, in the Articles of Incorporation or the Bylaws. The rights, obligations, and other status ofbeing an Owner Commence upon acquisition of the ownership of a Lot and terminate upon disposition of such ownership, but terrnination of ownership shall not discharge an Owner from obligations incurred prior to termination. 1.~0 "Policies and Procedures" means those policies, procedures, rules and regulations adopted by the AssoCiafion pursuant to the authority granted in this Declaration, as the same maybe amended from time to time. l .~.1 "Property" shall mean the property described on Exhibit "A" and shown on Exhibit "B°' attached hereto. l .22 "Public Areas" means areas dedicated to the public or established for public use in any plat of the Property, or so designated in this UeClaration. l .23 " ~" means the Property described on Exhibit "A" and shaven an Exhibit "B" attached hereto, and recorded as `~ " in County ReCOrds, 3 -~-DECLARATION OF CC}VENANTS, CCNDITICINS ANI~ RESTRICTIONS FEAR ~'~' ARTICLE ~ PRQFERTX 5I113JECT TO T`I~IS DECLARATION 2.1 Initial Development. Declarant hereby declares that ail the real property described on Exhibit "A" and shown on Exhibit "B" attached hereto will henceforth be referred to as _ : a planned development under the Oregon Planned Community Act, and is owned and shall be owned, conveyed, encumbered, used, occupied and improved subject to this 1=?eclaratior~. A copy of the final plat for tl~e subdivision, namely _ ,plus adjacent common area tracts, is attached as Exhibit "B", and incozporated herein by this reference. ARTICLE 3 DESCRIPTION QF PROPERTX AND CONVERSION AND CONSOLIDATI©I~I OF I.,OTS 3.1 Number of Lots. The Property consists of 3.2 Land Classifications. All land within the Property is included in one or another of the following land classifications: Lots, Common Areas, Common Easement Areas and Public Areas. 3.3 Contemplated Improvements. Declarant does not choose to lirrrit its rights to add improvements not described in this Declaration. ARTICLE ~ PROPERTY RIGI'IT5 ~N CCIMMQN AREAS ~.1 Owner's Easements of Enjoyment. Subject to the provisions of this Article, every Owner and his invitees shall have a right and easement of enjoyment in and to the Common Areas, which easement shall be apgurtenarzt to anal shall pass with the title to every Lot. 4.2 Title to the Common Areas. Title to the Common. Areas, except Common Easement Areas and Public Areas if applicable, shall be conveyed to the Association by Declarant free and clear of monetary liens and encumbrances prior to the date on which Class B membership in the Association ceases and is converted to Class A membership as described in Section $.~{b}. 4.3 Common Easement Areas, Common Easement Areas, if any, shall be granted or reserved as signage and visual landscape features, or as otherwise provided in this Declaration, a supplemental declaration, or the plat establishing the Common Easement Area. Such areas are to be maintained by the Association anal no changes in landscaping will be permitted without written authorization by the Association. Na building, wall, fence, paving, landscaping or construction of any type shall be erected or rr~aintained by any 4~vner so as to trespass or encroach upon the Common Easement Areas. In the event any Common Easement Area is conveyed to the Association, such Common Easement Area shall then become a Common Area. ~i 4 -DECf,ARATiON flF CQVENANTS, CONDITIONS AND RF.STRICTIC)NS FQR ~~ 4.~1 Extent of U~vner's Rights. The rights and easements of enjoyment in the Common Areas created hereby shall be subject to the following and all other provisions ofthis Declaration: {a} Easements. Declarant reserves for itself and grants to the Association for the benefit of Declarant and the Association and all Owners of Lots within the Property the following easements over, under and upon the Common Areas, includmg the Common Easement Areas: {i} An easement ors all Common Areas for underground installation and maintenance ofpower, gas, electric, water and other utility and communication lines and services installed by or with the consent of Declarant during the Development Period or the Association thereafter, and any such easement shown on any plat of the Property. {ii} An easement far construction, maintenance, repair and use of Common Areas, including common facilities thereon. {iii} An easement for the purpose of making repairs to any Improvements on Common Areas. Declarant or the Association may {and, to the extent required bylaw, shall} grant or assign such easements to governmental entities or other utilities performing utility services and to communication companies, and the Association may grant free access thereon to police, hre, and other public officials and to employees of utility companies and communications companies serving the Property. {b} Use of the Common Areas. The Common Areas shall not be 'r:~' partitioned or otherwise divided into parcels for residential use. Except as otherwise provided in - this Declaration, the Common Areas shall be reserved for the use and enjoyment ofali Owners and no private use maybe made of the Common Areas, including Common Easement Areas. Nothing in this Declaration shall prevent the placing of a sign or signs upon the Common Areas identifying the Property or identifying trails or identifying items of interest, including directional signs, provided such signs are approved by the Association and comply with any applicable sign ordinances or recorded restrictions. The Board of Directors of the Association shall have authority to abate any trespass or encroachment upon the Common Area at any time, by any reasonable means and with or without having to bring legal proceedings. {c} Alienation of the Common Areas. The Association may not encumber, sell or transfer the Common Areas owned directly or indirectly by the Association for ,5 the benefit of the Lots unless such encumbrance, sale or transfer has been approved by two-thirds of the voting rights in the Association. This requirement shall not apply to the easements ~~. described Fn ~aectlon ~.~{a} a}4tn~sr~+. {d} Limitation on Use. Use of the Common Areas by the Owners, their family members, guests, tenants and contract purchasers, shall be subject to the provisions of this Declaration and to the following: 5 -DECLAII~AATION OF COVENAi*ITS, CONDITIONS AND P~.E~TRICTIONS FOR ` ~,v~ (i) The right of the Association to suspend such use by any Owner and fine Owner's members, guests, tenants and contract purchasers to the extent provided in Article l l below. iii} The right of the Association to adopt, amend and repeal Policies and Procedures in ac-cordance with this Declaration. 4.5 Delegation of Use. Any Owner may delegate, in accordance with any applicable provisions of the Bylaws of the Association, the Owner's right of enjoyment of the Common Areas to the members of the Cl~vner's family and tenants ar contract purchasers who reside on the Property, whose use of the Common Areas shall be subject to this Declaration and the Policies and Procedures adapted under this Declaration. 4.~ Easements Retained by Declarant. So long as Declarant awns any Lot, Declarant shall retain an easement under, aver and across tlxe Common Areas in order to carry out sales and development activities necessary or convenient for the sale and development of Lots or Living Units. Declarant, for itself and its successors and assigns, hereby retains a right and easement of ingress and egress aver, in, upon, under and across the Common Areas and the right to store materrals thereon. and to make such other use thereof as maybe reasonably necessary or incident to the ccinstruction of the Improvements on the Property or other real property owned by Declarant; provided, however, that no such rights shall be exercised by Declarant in such a way as to unreasonably interfere with the occupancy, use, enjoyment or access to an Owner's Lot by the Owner or the Owner's family, tenants, guests or invitees, ARTICLItJ 5 l'T2.41'ERTY RIGHTS IN LOTS ~.l Use and t)ccrrpancy, The Owner of a Lot in the Property shall be emitted to the exclusive use and benefit of such Lot, except as otherwise expressly provided in this Declaration, but the Lot shall be bound by and the Owner shad comply with the restrictions made applicable to such Lot by this Declaration. 5.~ Easements Granted. In addition to any easements shown on the recorded plats and as set forth elsewhere herein, Declarant hereby reserves for itself and Declarant and Current Owners each grant to the Association the following easements for the benefit of Declarant and the Association: (a) Adjacent Common Area. `T`he Owner of any Lot which blends together visually with any Common Area shall,rf the Association -elects from time to time to so require, permit the Association to enter upon the Lot to perform the maintenance of such Common Area. ~,b) Right of Entry at Reasonable l~Tours. Far the purpose of performing the maintenance provided for in this Declaration, the Association, through its duly authorized agents or employees, shall Dave the right after reasonable notice'to the Owner, to enter upon any Lot at reasonable hours. The Association shad have a right of entry for purposes of effecting emergency repairs or to prevent imminent damage or injury to the Living Unit, other ~ C -DECLARATION OF COVEI~IANTS, CONDITI(~l~S Ai~D PESTRICTIONS FOR. Living Units, to other Owners and their guests or invitees, or to the Common Areas. Zn such instances, the Association shall give notice by telephone if reasonably possible prior to entry. {c} Utility Easements. Easements for installation and maintenance of utilities and drainage facilities may be resezved over portions of certain Lots, as shown on or described in the recorded plat. Within the easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation or maintenance of utilities, or which may change the direction or flow of drainage channels in the easements, or which may obstnzct or retard the flow of vrater through drainage channels in the easements. The easement area of each Lot and all improvements in it shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority, utility company or the Association is responsible. Notwithstanding the provisions of this paragraph, no such easements shall exist along adjoining side lot lines on which a party wall exists. ARTICLE 6 PROPERTY LICE P:E~TR.ICTIONS 6.1 Structures Permitted. No structures shall be erected or permitted to remain on any Lot except structures containing Living Units and structures normally accessory thereto the location of which is in conformity with the applicable governmental regulations, is compatible in design with the dwelling structure constnzcted on such Lot, and has been approved by the Declarant duriizg the Development Period, or the Design Review Committee thereafter. All structures must be constructed in strict conformance with the Design Guidelines. 6.2 Residential ~I.l'se. All Lots and Living Units shall be used for single-family residential purposes only. Each residence shall contain a minimum of 2,00 square feet {exclusive of garage, storage and accessory dwellings). Except as provided for herein, no commercial, retail or industrial use shall be allowed on any Lot. Except with the consent of the Declarant during the Development Period or the Association thereafter, no trade, craft, business, . profession, commercial or similar activity of any kind shall be conducted on any Lot, nor shall any goods, equipment, vehicles, materials or supplies used in connection with arty trade or business be kept or stored on any Lot. Nothing in this paragraph shall be deemed to prohibit {a} activities relating to the sale of Living Units, {b} the right of Declarant or its approved contractor or homebuilder to construct Living Units on any Lot, to store constzuction materials and equipment on such Lots in the normal course of construction, and to use any Living Unit as a sales or rental office or model home or apartment for purposes of sales in ' and {c} the right of the Owner of a Lot to maintain his professional personal library, keep his personal business or professional records or accounts, handle his personal business or professional telephone calls or confer with business or professional associates, clients or customers, in his Living Unit. Commercial use in a residence maybe allowed; provided that, z only normal residential activities will be observable outside the Living Unit and the activities will not be in violation of applicable governmental ordinances. 6,3 Antennas. Only standard TV antennas and satellite dishes shall be permitted on a Lot. All over-the-air reception devices shall comply with the restrictions unposed by Declarant 7 -DECLARA'T'ION aF C~VFNAN'l'S, CC}NDITIvc~N~ AND RESTRICTIC}NS Fc~R +(D:~' during the Development Period, or the Design. Review Committee thereafter, pertaining to the size, means, rnethvcl and location of TV antenna and satellite dish installation. 6,4 Appearance, All garbage, trash, cuttings, refuse, garbage and refuse containers, heat pumps, air conditioners, and other service facilities Located on the Lot shall be screened from view of neighboring lots and streets in a manner approved by the Declarant during the Development Period or the Design Review Committee thereafter. 6.5 Damage or Destructio~~. If any Living Unit or other Improvement within the Property is destroyed and the Owner thereof elects not to relbuiLd, the affected Lot shall be cleared of debris and a Living Unit or other Improvement of an alternate design maybe constnzcted subject to approval of Declarant during the Development Period or the Design Review Committee thereafter. 6.6 Leasing of Living Units, There is no restriction on the right of any Owner to Lease or rent such Owner's Living Unit to the extent allowed by the applicable City of zoning cede or other ordinances, regulations and statutes. Any tenancy upon any Lot or in any Living Unit shall be governed by the terms and provisions of the Declaration, Bylaws and Association Policies and Procedures. 6.7 Livestock, Poultry and Pets. No animals, livestock or poultry of any kind shall be raised, bred or Dept on any Lot except that a reasonable number of dogs, cats or other common domesticated household pets may be kept, provided that they are not kept, bred or maintained for any commercial purposes and do not constitute a nuisance. 5.8 Maintenance of Improvements and Grounds. Each Lot witL~in the Property shall be maintained in a clean and attractive condition, in good repair and in such a fashion as not to create a fire hazard. In addition, each Owner shall beep all areas of the Lest free of trash, excess building rnateriais, household items, and other unsightly material. Unsightly rear storage is prohibited. 6.9 Offensive or I.Jnlawful Activities. No noxious or offensive activity shall be carried on upon any Lot therein nor shall anything be done or placed thereon which interferes with or jeopardizes the enjoyment of the Common Areas, or which is a source of annoyance to residents. No unlawful use shall be made ofa Lat nor any part thereof, and all valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction thereof shall be observed. 6.i~ Outside Fixtures. No recreational equipment, including but not limited to, basketball hoops or play structures, are allowed in any street located within ' Other accessory structures or equipment, including but not limited to, tool sheds, play equipment and dog houses are allowed only in locations and with screening as approved by the Declarant during the Development Period or Design Review Committee thereafter. 6.11 Outside Storage. Woodpiles, storage areas, machinery and equipment shall be prohibited upon any Lot, unless obscured from view of neighboring property and streets by a fence or appropriate screen approved by the Declarant during the Development Period or Design Review Committee thereafter. 8 --DECLARATIQN Ql-~ CC3VENANTS, C(~I~IDITIC3NS AND RI~.STRICTZC}NS PflR ` 5.12 Parking, Prohibited Vehicles, and Lot Appearance. Boats, trailers, buses, motor homes, commercial vehicles, flat bed pick-ug tnzcks, recreational vehicles, (including. campers, disabled vehicles or other similar vehicles shall not be parked or stored on any Lot other than inside an enclosed garage, screened from view in a manner approved by the Declarant during the Developmenfi Period or Design Review Committee thereafter, or on a temporary basis as allowed in the Association Policies and Procedures which maybe amended from time to time. No vehicle shall be parked in the street, except on a temporary basis as allowed in the Association Policies and Procedures which maybe amended from time and time, and at no time may vehicles in disrepair be parked on driveways, on the street or on sidewalks within the Property. No major or extended vehicle repairs shah be performed unless inside an enclosed garage. Any vehicle found in violation of these restrictions is subject to towing by the Association at the Owner's expense, which cost maybe assessed as an Individual Assessment as provided in Article 1 il. 6.13 Rubbish and Trash. Each Qwner shall keep garbage in covered containers, and shall keep such containers screened from the view o~ the neighboring Lots and from the streets. Sight-obscuring enclosures shall be incorporated into the original design of all Living Units. Compost piles shall be kept neat and well-controlled. Burn barrels and other forms of open burning shall not be allowed. 6.14 Signs. No sign of any kind shall be displayed to public view on or from any Lot without the Design Review Committee's prior written consent; provided, however, that an Crwner may display not more than one {1} "for sale" sign per Lot. Said signs shall be limited in size to not more than four (4} square feet. The color, size and placement of such signs will be specified by the Declarant during the Development Period or the Design Review Committee thereafter. No "for rent" signs are allowed on a Lot at any time. 6.15 Utility Easements. Easements for installation and maintenance of utilities may be reserved over portions of certain Lots, as shown an the recorded plat. Within the easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation or maintenance of utilities. The easement area of each Lot and all Improvements in it shall be maintained continuously by the C3wner of the Lot, except for those Improvements for which a public authority, utility company, or Association is responsible. 5.16 Windows, Decks, Porches, ©utside 'S't'alls and Yards. In order to preserve the attractive appearance of .the Declarant during the Development Period and the Design Review Committee thereafter, may regulate the nature of items which maybe placed in or on windows, decks, entry porches, outside walls and yards so as to be visible from outside of the Lot. Garments, rugs, laundry and other similar items may not be hung from windows, facades, porches or decks. 6.17 External Fire 5uppresson. The ProFerty is located in a geographic region where there is a high risk of wildfire. In order to protect the Property from the risk of wildfire, each Owner shall install and maintain external f re suppression equipment designed to allow a homeowner to protect individual structures from the threat of wildfire and to prevent wildfires from spreading within the subdivision. Acceptable systems shall consist of #'ree-standing fire fighting equipment acid employ either water, foam or other synthetic fire suppression materials; 9 -DECLARATION 4F CC}VENAI'~ITS, CC}NDITIC}NS AND RESTRICTIC?NS I{C}R' (4"w~ provided, however, that if water is used, it must be supplied by a source other than municipal water supply {i.e,, storage tanks ar reservoirs}. Storage of such equipment shall be in the C}wner's garage or in an attached structure approved by the Declarant during the Development Period, or by the Design Review Committee thereafter. If an attached storage structure is used, it must match the exterior design and materials of the residence to which it is attached. ARTICLE 7 BI.TILDII~tG STANDARDS 7.1 Completion.. Any str~xcture shall be completed within twelve {12) months from the beginning of construction, so as to present a finished appearance when viewed from any angle. In~ the event of undue hardship due to weather or any other unanticipated and unavoidable occurrence, that period may be extended upon the written approval of Declarant during the Development Period, or the Design Review Committee thereafter. The building area and surrounding streets and sidewalks shall be kept reasonably clean and in workmanlike order during the construction period. 7.2 Exterior Materials and Finishes. Exterior materials and paint colors must be approved by the Declarant during the Development Period, and lay the Design Review Committee thereafter. Samples submitted for approval may be~standard manufacturer's paint chip samples. Use of muted, earth-related tones such as brown, green, dark red, blue or yellow which are appropriate for the natural surroundings are encouraged. All siding material must be a minimum of hardy plank or equivalent with maximum six inch {6") reveal (when used in a horizontal design), or board and Batt. Stone material must be natural stone veneer. All exposed exterior metals, PVC vents and plumbing pipes must be painted to match or blend with exterior house colors and roofing. Prohibited materials include: T-111 plywaad; any material designated as prohibited by the Design Guidelines 7,3 Roofs. It.oofing material shall be restricted to a minimum of 5~-year architectural composition ar concrete tile. No other types of roofing will be allowed. '~,4 Garages. L7nless otherwise agreed to in writing by the Declarant during the Development Period or by the Design Review Committee thereafer, the garage of each Living Unit must have a minimum capacity of three (3) cars. 7.5 Driveways and walkways. Allowed materials for driveways and walkways include concrete, asphalt, brick and masonry. All dz iveways shall be finished prior to occupancy. Exceptions maybe allowed with specific written approval from Declarant during the Development Period and the Design Review Committee thereafter. 7,~ Landscaping. Each Lot shall be fully landscaped within 60 days from the completion of the Living Unit constructed on such Lot. In the event of undue hardship due to weather conditions, this period may be~extended far a reasonable length of time upon written approval by Declarant during the Development 1?eric~d ar the Design Review Committee thereafter. All exterior landscape installations and plantings visible from the public streets must 10 -DECLARAT1tiN C}F CGVENANTS, Ct~NDIT101}IS AND F.ESTP.ICTIgNS FdR ` li-~`i be a raved b the Declarant duri t eve pp y ng he D lopment I'er~od ar the Design Review Committee ;.~ thereafter. 7.7 Grades, Slopes and Drainage. Each +C~wner of a Lot shall accept the burden af, and shall not in any manner alter, modify or interfere with, the established drainage pattern and grades, slopes and courses related thereto aver any Lot or Common Area without the express written permission of the Declarant during the Development Period or the Association thereafter and then only to the extent and in the manner specifically approved. No structure, plantings ar other materials shall be placed or permitted to remain on or within any grades, slopes, or courses, nor shall any other activities be undertaken which may damage ar interfere with established slope ratios, create erosion ar sliding problems, or which may change the direction of flaw, ar obstruct or retard the flow of water through drainage channels. 7.8 Fences. All fences must be approved by the Design Review Committee. Declarant desires to maximize a feeling of open cornrrtunity in and to this end, perimeter lot line fences are prohibited. Nell-constructed wand courtyard or other fences, designed as part of the landscaping for privacy, pet control and far screening objectionable views, maybe approved by the Design Review Committee if such fencing does not detract from the appearance of the subdivision. Any fence approved by the Design Review Committee shall not exceed five {5} feet in height, 7.9 Exterior Lighting. Na C7wner shall place on any Lot bright exterior lighting, except that indirect ar shielded exterior lighting may be allowed, subject to review and approval by Declarant during the Development Period and the Design Review Committee thereafter. "T. if} Height Restrictions. Na structure shall exceed 30 feet {30'} in height as measured Pram the existing elevation of the lot at the time of plat recording to the highest point of the roof: ~; 7.9 New 'Technology. New materials maybe developed from time to time which warrant a change in the foregoing specifications. Upon request, the Design Review Committee may approve the use of a new material, but only upon a substantial showing that the material is ~` consistent with the visual and aesthetic integrity of the Property. ARTJGCLE 8 ASSOCI(ATION~ Declarant shall organize an association of alI of the Owners within y. Such association, its successors and assigns, shall be organized under the Warne "r _~ Community Association, Inc." and shall have such property, powers and obligations as are set Earth in this Declaration for the benefit of the Property and all Owners of property located therein. $.l Organization. Declarant shall organize the Association as a nonprofit mutual R;~. benefit corporation under the general nonprofit corporation laws of the State of Oregon. The Articles oflncazporation afthe Association shall provide far its perpetual existence, but in the event the Association is at any time dissolved, whether inadvertently or deliberately, it shall automatically be succeeded by an unincorporated association of the same name. ~ that event all 11 -DECLA~.ATIQN OF COVENANTS, CONDITIONS AND R.ESTI~CTIONS PC}R ` ~~ of the property, powers and obligations of the Association existing immediately prior to its dissolution shalt thereupon automatically vest in the successor unincorporated association, and such vesting shalt thereafter be confirmed as evidenced by appropriate conveyances and assignments by the Association, To the greatest extent possible, any successor unincorporated association shall be governed by the Articles of Incorporation and Bylaws of the Association as if they had been made to constitute the governing documents of the unincorporated association, 8.2 13yla~svs. Declarant shall adopt, on behalf of the Association. tl~e initial bylaws required under ORS 94,635 to govern the administration of ' Declarant shall record the Bylaws in the official records of County, Oregon. 8.3 FVlembership. Every Owner of one o~ rrzore Lots within the Property shad, immediately upon creation of the Associatit~n and thereafter during the entire period of such Owner's zrzebership of one or more Lots within the Property, be a member of the Association. Such membership shall comtrtence, exist and continue simply by virtue of such ownership, shad expire automatically upon termination of such ownership, and need not be confirmed or evidenced by any certif"zcate or acceptance of membership. 8.4 "Voting Rights. Voting rights within the Association shall be allocated as follows: {a} Lots. Lots shall be allocated one Voting tTnit per Lot. A single- familyresidential Lot shall be allocated one vote regardless whether the Living Unit has been constructed on such Lot. {b} Classes of Vr~ting Membership, The Association shall have two classes of voting membership: Class A. Class A members shall be all C}wners with the exception of the Class B member and shalt be entitled to Voting Units for each Zot owned computed in accordance with Section 8.4{a} above, When more than one person holds an interest in any Lot, all such persons shall be members and the vote for s~zch Lot shad be exercised as they among themselves determine. Tz-Z the event that such co-owrZers cannot agree with respect to any vote, the vote of the Lot owned by the co-owners shalt be disregarded completely in determining the proportion of votes given with respect to such matter. In no event, shall more Voting Units be cast with respect to any Lot than as set forth in Section 8,4{a} above. Class $. The Class B membex shall be the Declarant and shall be entitled to three votes for each Lot owned by Declarant. The Class F3 membership shall cease and be converted to Class A membership on the happening of any of the following events, whichever occurs first: {i} Vilhen Declarant has completed development of alt Lots and Common Areas permitted under the Master Flan, arzd f%fteen {IS} ofthe Lots have been sold and conveyed to Owners other than Declarant; or {ii} At such earlier time as Declarant may elect in writing to terminate Class l3 z~.ernbership; ar l2 --DECLARATION OF COVENANTS, CONI~IT'IOI~zS AND RESTRICTIONS p'Ol~' ~~ {iii} Ten (10} years from the date this Declaration is recorded in the offzcial records of County, Qregon. 8.5 Special Declarant Rights. Declarant reserves to itself the following special rights to: (a} Control the Association during the Development Period as provided in this Declaration; (b} Reserve for itself and grant easements as provided in this Declaration; ~c} Approve the design, construction, alteration or installation of any Improvements to the Property during the Development Period as provided in this Declaration; (d} Construct Living Units on any Lot, store construction materials and equipment on such Lots in the normal course of construction, and use any Living Unit as a sales or rental office or model borne or apartment for puzposes of sales or rental in fie} Appoint an interim Board of Directors; and {fj All other rights as set forth in this Declaration. 8.b General Powers and Obligations. The Association shall have, exercise and perform all of the following powers, duties and obligations: {a} The powers, duties and obligations granted to the Association by this Declaration, (b} The powers and obligations of a nonprofit corporation pursuant to the general nonprofit corporation laws of the State of Oregon. {c} The powers, duties and obligations of a homeowners' association pursuant to the Oregon Planned Community Act, whether or not such Act is applicable to the Association. {d} Any additional or different powers, duties and obligations necessary or desirable for the purpose of carrying out the functions of the Association pursuant to this Declaration or otherwise promoting the general benefzt of the Owners within the Property, The powers and obligations of the Association may from time to time be amended, repealed, enlarged or restricted by changes in this Declaration made in accordance with the provisions herein, accompanied by changes in the Articles oflncorporation or Bylaws of the Association made in accordance with such instruments and with the nonprofit corporation laws of the State of Oregon. 13 -D1;CLARATIC~N t~F CC}VENANTS, CONDITI03~1S AND RESTRICTIONS I~QR 8.7 specific Powers and Duties. The powers and duties of the Association shall include, without lzn~iitation, the fallawiz~ig; {a} Maizztenance and ~ez~vices. Tl~e Association shall provide maintenance and services far the Property as provided in Article l fl and other provisions of this Declaration. {b} Insurance. Far the bereft of the Associatiai~ and the £}wners, the Board of Directors shall attain and maintain at all times, and shall pay far out of the Operations Fund, the following insurance: {i} Property narrtage Insurance. The Assaciatian shall maintain a palzcy or policies of insurance covering Toss ar darrzage from fire, with standard extended coverage and "all risk" endorsements, and such other coverages as the Assaciatian may deem desirable. The amount of the coverage shall be far not less than one hundred percent { 1 Qfl%} of the current replacement cast of the structural improvements an the Caman Areas (exclusive of land, foundation, excavation and other items normally excluded from coverage}, subject to a reasonable deductible as determined by the Board o~'Directars of the Assaciatian. The policy ar policies shall include all fixtures and building service equipment to the extent that they are part of the Common Areas and all personal property and supplies belonging to the Assaciatian. (ii} Liability Insurance. The Assaciatian shall maintain comprehensive general liability insurance coverage insuring the Declarant, the Association, the Baard of Directors, the Design Review Committee, and the managing agent, if any, against liability to the public or to C~~vners and their invitees or tenants, incident to the operation, maintenance, ownership or use of the Coz°rzman Areas, including legal liability arising out of lawsuits related to employment contracts of the Association. There may be excluded from such policy ar policies coverage of an Clwner (other than as a zxzember of the Association ar Board of Directors} far liability arising out of acts ar orrzissian of such t~wner and liability incident to the ownership andlar use of the part of the property as to which such C}wner has the exclusive use or occupancy. Lzmits of liability under such insurance shall rat be less Chart Qne Million Dollars ~$1,040,04i}} on a combined single-limit basis. such policy ar policies shall be issued an a comprehensive liability basis and shall provide a cross liability endorsement wherein the rights of nanrzed insureds under the policy ar policies shall rat be prejudiced as respects his, her ar their action against another named insured. (iii} Vd'arkers' Compensation Insurance. The Association shall maintain workers' camperisatian insurance to the extent necessary to comply with any applicable laws. 14 ~-DBCI.,ARATIO~I'~ QF CCIVI~I~1ANT~, CQNDITIONS AND RE~TI~.ICTIC}NS Ft~R " ~~ {iv} Fidelity Bonds or Insurance. The Board of Directors may cause the Association to maintain blanket fzdelity bonds or insurance for all officers, directors, trustees and employees of the Association and all other persons handling or responsible for funds of, or administered by, the Association. In the event the Association has retained a management agent, the Board ofDirectoz-s may require such agent to maintain fidelzty bonds or insurance for its officers, employees and agents handling or responsible for funds of, or administered on behalf of, the Association. The cost of such insurance, if any, may be borne by the Association. The total amount of fidelity coverage required shall be based upon the best business judgment of the Board of Directors. Such fidelity bond or insurance shall name the Association as obligee and shall contain waivers by the bond issuers or the insurer of all defenses based upon the exclusion of persons serving without compensation from the defznition of "employees" or similar terms or expressions. The bonds or insurance shall provide that they may not be canceled or substantially modified {including cancellation far nonpayment of premium,} without at least l4 days' prior Written notice t{} the Association. {v} Insurance by Lot 4~wners. Each C}wner shall be responsible for obtaining, at his or her own expense, homeowner's insurance covering the Improvements and personal property on the Clwner's Lot to the extent not covered by the Association policy, and liability resulting from use or ownership of the Lot, unless the Association agrees otherwise. The insurance coverage maintained by the Association shall not be brought into contribution with the insurance obtained under this Section by the ©wners. {vi} Planned Community Act Requirements. The insurance maintained by the Association shall comply with the requirements of the t"Jregon Planned Community Act, 4785 94,554 to 94.784. {c} Ratemaking. The Association, through the Board of Directors, shall have the right to make, establish, promulgate, amend and repeal from time to time any Policies and Procedures governing the conduct of persons and the operation and use of Lots, Living Units and the Common Areas as it may deem necessary or appropriate in order to assure the peaceful and orderly use and enjoyment of the Property. A copy of the Policies and Procedures, upon adoption, and a copy of each amendment or modifzcation shall be furnished to each 4~wner and shall be binding upon all CJwners and occupants of all Lots upon the date of delivery. The method of adoption of such Policies and Procedures shall be as provided in the Bylaws of the Association. {d} Enforcement. Subject to the previsions of Article 12, the Association shall perform such acts, whether or not expressly authorized by this Declaration, as may be reasonably necessary to enforce the provisions of this Declaration and the Policies and Procedures adapted by the Association. {e} Employment of Agents, Advisers and Contractors. The Association, through its Board of Directors, may erzaploy the services of any person or cozporation as managers, hire employees to manage, conduct and perform the business, 15 -DE4"LARATI©N ~}F CQ~ENANTS, C4~NDITI4~NS AND RESTRICTI©NS FQR 71 obligations and duties of the Association, employ professional counsel and obtain advice from such persons or firms or corporations such as, but not limited ta, landscape architects, architects, planners, attorneys and accountants, and contract far or otherwise provide for ail services necessary or convenient for the management, maintenance and operation of the Property. {f} Borrow Money, Hold Title and Make Conveyances. The Association may borrow and repay moneys for the purpose of maintaining and improving the Common Areas, subject to Section 4.4 above, and encumber the Common Areas as security for the repayment of such borrowed money. The Association may acquire, hold title to and convey, with or without consideration, real and personal property and interests therein, including but not limited to easements across all or any portion of the ~omrnon Area, and shall accept any real or personal property, leasehold ar other property interest within the property conveyed to the Association by Declarant. {g} Transfer, Dedication and Encumbrance of Comnnon Area. Except as otherwise provided in Section 4.4 above, the Association may sell, transfer or encumber all or any portion of the Common Area to a person, firm or entity, whether public or private, and dedicate or transfer all or any portion of the Common Area to any public agency, authority, or utility for public purposes. {h} Joint Use and Maintenance Agreements. The Association through its Board of Directors may enter into joint use and maintenance agreements with other associations, entities or persons relating to the joint use and maintenance of the Common Areas or other facilities. 8.8 Liability. A member of the Board of Directors or an officer of the Association shall not be liable to the Association or any member of the Association for any damage, loss ar prejudice suffered or claimed on account of any action or failure to act in the performance of his or her duties, except for acts of gross negligence or intentional acts. In the event any member of the Board of Directors or any officer of the Association is made a party to any proceeding because the individual is or was a director or officer of the Association, the Association shall indemnify such individual against liability and expenses incurred to the maximum extent permitted bylaw. 8.9 Interim Board. Declarant shall have the right to appoint an interim board of three directors, who shall serve as the Board of Directors of the Association until replaced by Declarant or until their successors take office at the next annual meeting following termination of Class B membership. At such meeting, the interim directors shall resign and be replaced by their successors, who shall be designated as provided in this Declaration and the Bylaws of the Association. 8.1 ~ Turnover Meeting. Declarant shall call a meeting of the Association for the purpose of turning over administrative responsibility for the Property to the Association not later than ninety {90} days after fifteen {1 S} Lots have been sold and conveyed to owners other than Declarant. If the Declarant fails to call the turnover meeting as required by this section, any Owner or mortgagee of a Lot may call the meeting by giving notice as provided in the Bylaws. 16 -DECLARATION ©F CQ"~ENANTS, CQNDITIONS AND R.EST1Z.fCTIONS FOR 8.11 Appointment flf Directors. Effective as of the next annual meeting following termination of Class B membership, the Board of Directors of the Association will be composed of three {3} directors, all of whom shall be elected by the Owners pursuant to the terms hereof and the Bylaws {as applicable}, ARTICLE 9 DESIGN REVIEW 9.1 General. No structure shall be placed, erected, or installed upon any Lot, and no improvements including staking, clearing, excavation, grading and other site work, exterior alteration of existing improvements, planting or removal of landscaping materials, and installation or removal of an irrigation system) shall take place except in compliance with the Design Guidelines and this Declaration. ba the event of an iracoz~sistency between the Design Guidelines and this Declaration, the terms of this Declaration shall control, unless otherwise agreed to in writing by Declarant during the Development Period or the Design Review Committee thereafter. 9.2 Declarant and Ass©ciation Exempt. This Article shall not apply to the activities of the Declarant, nor to improvements to the Common Areas by or on behalf of the Association. 93 Alterations. Owners are expressly prohibited from materially changing the exterior of any Living Unit or other structure without written permission of the Declarant during the Development Period or the Design Review Committee thereafter; except that an Owner may repaint or rebuild a Living Unit in accordance with the Design Guidelines or with the originally approved color scheme and the originally approved plans and specifications. No structure may be installed outside of the Living Unit except structures, including without limitation fences, installed with written approval of the Declarant during the Development Period or the Design Review Committee thereafter, 9.4 Design Review. Responsibility for administration of the Design Guidelines and review of all applications for construction and modifications under this Article shall be handled by the Design Review Committee. The members of the Design Review Committee need not be members of floe Association or representatives of members of the Association, and may, but need not, include architects, engineers or similar professionals, whose compensation, if any, shall be established from time to time by the Board of Directors for the Association. The Board of Directors may establish and charge reasonable fees for review of applications hereunder and may require such fees to be paid in full prior to review. 9.5 Design Review Committee. The Design Review Committee shall consist of at least three, but no more Haan five, persons. So long as Declarant, or any affiliate of Declarant, owns any Lot primarily for development andlor sale, Declarant retains the right to appoint all members of the Design Review Committee, who shall serve at the discretion of Declarant. There shall be no surrender of this right prior to that time except in a written instnzment in recordable form executed by Declarant. Upon surrender of such right, the Board of Directors ofthe Association may appoint the members ofthe Design Review Committee, who shall serve and may be removed at the discretion of the Board of Directors, or it may dissolve the Design Review Committee, in its discretion, and transfer all of its jurisdiction to the Association. 17 -DECLARATION OF COVENANTS, CONDfTlONS AND R.ESTRICTlON 1?OR ~~ 9.6 Deli n Guidelines. The Design Review Committee shall adopt the Design g Guidelines at its initial organizational meeting and thereafter shall have sole and full authority to amend them. Any amendments to the Design Guidelines shall apply to construction and modifications commenced after the date of such amendmezzt only and shall not apply to require modifications to or removal of structures previously approved once the approved construction or modification has commenced. Declarant and the Design Review Committee shall make the Design Guidelines available to Owners who seek to engage in development or construction within the Property and all such persons shall conduct their activities in accordance with them. Iz~ the Declarant's discretion, such Design Guidelines maybe recorded in the offzce of the County Clerk. 9.7 Plans and Specifications. {a} No construction or improvements shall be commenced, erected, placed or maintained on any Lot, nor shall any exterior addition, change or alteration be made thereto, until the plans and specifzcations {°`Flans"} showing site layout, structural design, exterior elevations, exterior materials and colors, signs, landscaping, drainage, lighting, irrigation, utility facilities layout and screening therefor shall have been submitted to and approved by the Design Review Committee. The Design Guidelines shall set forth the procedures for submission of the Plans. {b} Trz reviewing each submission, the Design Review Committee may consider visual and environmental impacts, ecological compatibility, natural platforms and knish grade elevation, harmony of external design with surrounding structures and environment, and location in relation to surrounding structures and plant life {c} The Design Review Committee shall, within 45 days after each submission of the Plans, advise the party submitting the same, in writing of the {i} the approval of the Plans; or {ii} the segments or features of the Plans which are deemed to be inconsistent or not irf conformity with this Declaration and the Design Guidelines, the reasons for such finding, and suggestions for the curing of such objections. In the event the Design Review Committee fails to advise the party by written notice withitz the time set forth above of either the approval or disapproval of the flans, approval shall be deemed to have been given. Notice shall be deemed to have been given at the time it is personally delivered, or mailed by depositing the envelope containing such notice, properly addressed, and postage prepaid, with the U.S. Postal Service, registered or certified mail, return receipt requested. Notification by fax, email, overnight courier service or other means will be acceptable as long as the receiving party acknowledges receipt. 9.8 No Waiver of Future Approvals. Each Owner acknowledges that the members of the Design Review Committee will change from time to time and that interpretation, application and enforcement of the Design Guidelines may vary accordingly. Approval of proposals, plans and specifzcations, or drawings for any work done or proposed, or in connection with any other matter requiring approval, shall not be deemed to constitute a waiver of the right to withhold approval as to any similar proposals, plans and specifzcations, drawings, or other matters subsequently or additionally submitted far approval l$ --DI~CLARATION ClF COVENANTS, CC~Nf31TIC}NS .AND RE~TRICTIC}NS FflR t''~ 9.9 Variance. The Design Review Committee may authorize variances from compliance with any of its guidelines and procedures when circumstances such as topography, natural obstzuctions, hardship or aesthetic or environmental considerations require, but only in accordance with duly adopted rules and regulations. Such variations znay only be granted, however, when unique circumstances dictate, and no variance shall (a) be effective unless in writing; (b} be contrazy to this Declaration; and ~c} estop the Design Review Committee from denying a variance in other circumstances. For puzposes of this section, the inability to obtain approval of any governmental agency, the issuance of any permit, the cost of compliance, or the terms of any financing shall not be considered a hardship warranting a variance. 9.10 Limitation of Liability. Review and approval of any application pursuant to this Article is made on the basis of aesthetic considerations only, and neither the Design Review Committee, nor its members, shall bear any responsibility for ensuring the structural integrity or soundness of approved construction or modifications, nor for ensuring compliance with building codes and other governmental requirements. Neither the Declarant, the Association, the Board of Directors, any committee or any member of the foregoing shall be held liable for any injury, damages, or loss arising out of the manner or duality of approved construction on or modification to any Lot. ` 9,11 Enforcement. Any structure or improvement placed or made in violation of this Declaration shall be deemed to be nonconforming. Either the Design Review Committee, the Association or Declarant may enforce this Article and the Design Guidelines pursuant to the enforcement procedures in Article 12. ARTICLE ].0 MAINTENANCE, UTILITIES AND SERVICES 10.1 Maintenance of Common Areas, Declarant, during the Development Period, and the Association thereafter, shall be responsible for the performance of all maintenance upon the Common Areas, Common Easement Areas, and landscaping within dedicated rights of way, including but not limited to grass, trees, entrance signs, streets, street lighting and signs, parking areas, walkways and trails, unless the maintenance thereof is assumed by a public body. Such areas shall be maintained in a good and workmanlike manner such as to carry out the purpose for which such areas are intended. The Association shall further maintain and keep in goad repair the Area of Common Responsibility. Each Owner is responsible for repairing, restoring or rebuilding any damage that would be insured against by the insurance the Owner is required to carry~under Section 8.7(b~. All such damage shall be restored as promptly as possible to its original appearance. Any change to such appearance must be approved by the Declarant during the Development Period and the Association thereafter. 10.2 Maintenance of Utilities, The Declarant, during the Development Period, and the Association thereafter shall perform or contract to perform maintenance of ail private utilities within Common Areas, such as sanitary sewer service lines, domestic water service lines and storrri drainage Tines, except to the extent such maintenance is performed by the utilities furnishing such services. Each Owner shall be responsible for maintaining utility lines within his Lat. 19 -DECLARATION OF COVENANTS, CONDITIONS AND RBSTRICTIONS FOR ~.~ 10.3 Services. The Association may provide or contract for such services as the Board may reasonably deem to be of benefit to the Property, including without limitation, garbage removal, and street cleaning. ARTICIaE l1 ASSESS1VIlCNTS 11.1 Purpose of Assessments. The Assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the C)wners and occupants of _ and for the improvement, operation and maintenance of the Common Area and Areas of Common Responsibility. 11.2 Types flf Assessr~r~enfs. The Association may levy Annual Assessments, Special Assessments and Individual Assessments, all as more particularly described below. 11.3 Apporfionrnenf cif Assessmenfs, All Lets shall be subject to assessment and shall pay an equal share of the Annual Assessments and Special Assessments commencing upon the date such Lots are made subject to this Declaration. The pro rata share shall be based upon the total amount of each such Assessment divided by the total number of Lots subject to Assessment. Notwithstanding the provisions of this section, however, Declarant may elect to delay collection of Annual Assessments against all Lots, but in such case shall pay all common expenses of the Association until such Assessments commence. 11.4 Annual Assessments. The Board of Directors of the Association shall from time ~ to time and at least annually prepare an operating budget for the Association, taking into account the current costs of maintenance and services and future needs of the Association, any previous over assessment and any common profits of the Association. The budget shall tape into account the number of Lots as of the first day of the fiscal year for which the budget is prepared and the number ofZots reasonably anticipated to become subject to assessment during the fiscal year. The budget may be based open a greater number of Lots than those reasonably anticipated to be subject to assessment during the fiscal year if the Declarant agrees to subsidise the Association for any shortfall in the fJperations p`und until the assumed number of Lots is subject to assessment. The budget shall provide for such reserve or contingency funds as the Board deems necessary or as may be required by law, but not less than the reserves required by Section 10.8 below. Annual Assessments for such operating expenses and reserves ("Annual Assessments'} shall then be apportioned among the Lots as provided in Section 10.3 above. The method of adoption of the budget and the manner of billing and collection of Assessments shall be as provided in the Bylaws. 11.5 Special Assessments. In addition to the Annual Assessment authorized above, the Board of Directors may levy during any fiscal year a Special Assessment {`Special Assessment"}, applicable to that year only, for the purpose of paying all or any part of the cost of any construction or reconstruction, unexpected repair, or acquisition or replacement ofa described capital improvement, or for any other one--time expenditure not to be paid for out of Annual Assessments. Special Assessments which in the aggregate in any fiscal year exceed an amount equal to twenty {20°l0} percent of the budgeted gross expenses of the Association for the fiscal year maybe levied only if approved by a majority of the voting rights as provided in the 20 -DECLARATI{JN C7F C(3VENANTS, C4NDITIflNS ANI~ RESTRICTIONS FC~R ~~0'" Bylaws. Special Assessrrzents shall be apportioned as pravided in Section 1 ~.3 above and may be payable in tamp sum ar in installments, with or without interest or discount, as determined by the Assaciation through its Board of Directors. 11,6 Individual Assessments. Individual Assessments include, without limitations, charges for services pravided under this Declaration. Individual Assessments shall also include default assessments levied against any Lot to reimburse the Association for costs incurred in bringing such Lat ar its Owner into compliance with the provisions of this Declaration ox the Policies and Procedures of the Assaciation and far fznes or ether charges imposed pursuant to this Declaration for violation thereof. finless otherwise pravided by the Board of Directors, Individual Assessments shall be due 30 days after tl~e Board of Directors has given written notice thereof to the ©wners subject to Individual Assessments. 11.7 Operations Fund. The Association shall peep all funds received by it as Assessrrtents, other than reserves described in Section 10.8, separate and apart from its other funds, in an account to be known as the "Operations Fund." The Assaciation shall use such fund exclusively far the purpose of promoting the recreation, health, safety and welfare of the residents within the Property and. in particular far the irnpravement and maintenance of properties, services and facilities devoted to this purpose and related to the use and enjoyment of the Gammon Areas and of the Lots situated on the Pxaperty, including but not limited to: {a} Payment of the cast cif maintenance, utilities and services as described in Article }. {b} Payment of the cost cif insurance as described in Section 8.5 herein. {c} Payment of taxes assessed against the Common Areas .and any improvements thereon. {d} Payment of the cost cif other services which the Assaciation deems to be of general benefit to the Owners, including but not limited to accounting, legal and secretarial services. 11.8 Tt.eserve Fund, The Declarant shall establish a reserve fund far replacement of those items to be maintained by the Assaciation all ar a part of which will normally require replacement in mare than three {3} and less than thirty {~0} years {"Reserve Fund"}. Such Reserve Fund shall be fiznded by .Assessments against the individual Lots assessed far maintenance of the items for which the Reserve Fund is being established. The amount assessed shall take iota account the estimated remaining life of the items far which the reserve is created. and the current replacement cast of such items. The l~.eserve Fund shall be established in the name of the Assaciation and shall be adjusted at regular intervals to recagni~e changes in current replacement cost over time. The Reserve Fund shall be used only for replacement of common property as determined by the Board of Directors and shall be kept separate from the C?pexatians Fund. Any interest earned an funds deposited in the Reserve Fund, however, may either be accumulated in the Reserve Fund ar deposited in the Operations Fund. The Board of Directors may borrow funds fi am the Reserve Fund to meet high seasonal demands on the regular ~1 -DECLARA`I'IOI~I OF CO~II/NAI~TS, CONDITIONS AND RESTRICTIO1~lS FQR' '~7 operating funds or to meet other temporary expenses which will later be paid from Annum Assessments or Special Assessments. Nothing in this section shall prohibit prudent investment of the reserve account. Assessments paid into the Reserve Fund are the property of the Association and are not refundable to sellers or Owners of Lots. Sellers of the sots, however, may treat their outstanding share of the Reserve Fund as a separate item in any sales agreement. 11.9 Creation of Lien anti Personal flbligatictn of Assessments. Declarant, for each Zat owned by Declarant within the Property, hereby covenants, and each Owner of any Lot by acceptance of a conveyance thereof, whether or not s~o expressed in any such conveyance, shall be deemed to covenant to pay to the Association all Assessments ar ether charges as maybe fried, established and collected from time to time irx the manner provided in this Declaration or the Association Bylaws. Such Assessments and charges, together with any interest, expenses or attorneys' fees unposed pursuant to Section 12.2, shall be a charge on the land and shall lee a continuing lien open the Lot against whicl2 each such Assessment ar charge is made. Such Assessments, charges and other costs shall also be the personal obligation of the person who was the CJwner of such Let at the time when the Assessment or charge fell due. Such liens and personal obligations shall be enforced in the manner set forth in Article 11 below. ARTICLE 12 LNFflRCEMENT 12.1 Remedies. This Declaration shall be specifically enforceable by Declarant, the Resign Review Committee, or by any Owner of any Lat. Any breach of this Declaration shall subject the breaching party to any and all legal remedies, including damages or the destn~ction, removal, or enjoining of any offending lxnprovements ar condition. 12.2 I~onwaiver. Failure by the Declarant, the Design Review Committee, the Association or any Owner to enforce any covenant ar restriction herein contained shall in no event be deemed a waiver of the right to da so thereafter. 12.3 Noztqualifying Improvernenfis and. "Violation of General Frafiecfiive !Covenants, Irt the event any Owner constructs or permits to be constructed an his Lot an Intprovezrtent contrary to the provisions of this Declaration or to the Design Guidelines, or causes or permits arty Improvement, activity, condition or nuisance contrary to the provisions of this Declaration or the Design Guidelines to remain uncorrected or unabated on the Owner's Lot, then the Design Review Committee, or the Association acting through its Board of Directors, shall notify the Owner in writing of any such specific violations and shall require the Owner to remedy or abate the same in order to bring his Lot, the Improvements thereon and the use thereof, into conformance with this Declaration and the Design Guidelines. If the Owner is unable, unwilling or.refuses to comply v~rith the .Design Review Committee's or the Association's specific directives for remedy or abatement, or the Owner artd the Association cannot agree to a rnutttally acceptable solution within the frameworl£ and intent of this Declaration, after notice and opportunity to be heard and within thirty {30~ days of written notice to the Owner, the Association, acting through its Board of Directors, or the Design Review Committee, shall have the right to do any or all of the following. _. _ ..., . ~.,Y,-r.X, ~~ ~t-~~FNANTS, CONDITIClI~IS ANI.7 RI~STR.ICTSC3NS Ff~R '~+~' {a} Assess fines against such Owner in the manner and amaunt the Board deems appropriate in relation to the violation, which lines shall constitute Individual Assessments for purposes afthis Declaration; {b} Enter the offending Lot and remove the cause of such violation; ar alter, repair ar change the item which is in violation of this Declaration in such a manner as to make it conform thereto, in which case the Association may assess such Owner far the entire cost of the work. lane including administrative costs as determined by the Board of Directors, which amount shall be payable to the Operations Fund as an Individual Assessment, provided that no items of construction shall be altered or demolished in the absence of judicial proceedings, or; {c} Bring suit or action against the Owner on behalf of the Association and other Owners to enforce this Declaration. In no event shall the Association commence any suit or action under this section unless and until the Association has camphed with the notice requirements of ORS 9~.6~2, 1~.4 Default in Payment of Assessments; Enforcement of Lien. If an Assessment or other charge levied under this Declaration is not paid within thirty {3{l} days of its due date, such Assessment or charge shall become delinquent and shall hear interest Pram the due date at the rate set forth below. In such event, the Association may exercise any or all of the following remedies: {a} The Association may suspend such Owner's voting rights and right to use the Gammon Areas until such amounts, plus other charges under this Declaration, are paid in frill and may declare all remaining periodic installments of any Annual Assessment immediately due and payable. In no event, however, shall the Association deprive any Owner of access to and from the Owner's Lat. {b) The Association shall have a lien against each Lat for any Assessment levied against the Lot, including any fines or other charges imposed under this Declaration ar the Bylaws against the Owner of the Lot from the date on which the Assessment is due. The provisions regarding the attachment, notice, recordation and duration of liens established on real property under ORS 94,70 to 94,71{, as the same maybe amended, shall apply to the Association's lien. The lien shall be foreclosed in accordance with the provisions regarding the foreclosure of liens under ORS Chapter 88. The Association, through its duly authorized agents, may bid an the Lot at such foreclosure sale, and may acquire and hold, Tease, mortgage and convey the Lot. {c} The Association may bring an action to recover a money judgment for unpaid Assessments under this Declaration without foreclosing or waiving the lien described in paragraph {b) above. Recovery on any such action, however, shall operate to satisfy the lien, or the portion thereof, far which recovery is made. {d} The Association shall have any ether remedy available to it lay law or in equity. 23 -L~ECLARATIC}N OF ~C}VENANT~, CC}NDIT~C}NS AND R.ESTRICTI~JI4IS h'OR' ~~ 12.5 Notification of First Mortgagee. The Board of Dhectors shall notify any first mortgagee of any individual Lot of any default in performance of this Declaration by the Lot Owner which is not cured within sixty (E~} days after notice ofdefault to the Owner, 12.E Subordination of T..~ien to Mortgages. The lien of the Assessments or charges provided for in this Declaration shall be subordinate to the lien of any mortgage or deed of trust on such Lot which was made in good faith and for value and which was recorded prior to the recordation of the notice of lien. Sale or transfer of any Lot shall not affect the Assessment lien, but the sale or transfer of any Zot which is subject to any mortgage or deed of trust pursuant to a decree of foreclosure or nonjudicial sale thereunder shall extinguish any lien of an Assessment notice of which was recorded after the recording of the mortgage or trust deed. Such sale or transfer, however, shall not release the Lot from liability for any Assessments or charges thereafter becoming due or from the lien of such Assessments or charges. 12,'7 Interest, Expenses and Attorneys' Fees. Any amount not paid to the Association when due in accordance with this Declaration shall bear interest from the due date until paid at a rate three percentage points per annum above the prevailing Portland, Oregon prime rate at the time, or such other rate as maybe established by the Board of Directors, but not to exceed the lawful rate of interest under the laws of the State of Oregon. A late charge maybe charged for each delinquent Assessment in an amount established from time to time by resolution of the Board of Directors of the Association not to exceed thirty percent {30°l0) of such Assessment. to the event the Association shall file a notice of lien, the lien amount shall also include the recording fees associated with filing the notice and a fee for preparing the notice of lien as established from time to time by resolution of the Board of Directors of the Association. In the event the Association shalt bring any shit or action to enforce this Declaration, or to collect any money due under this Declaration or to foreclose a lien, the Owner-defendant shall pay to the Association all costs and expenses incurred by it in connection with such suit or action, including a foreclosure title report, and the prevailirrg party in such suit or action shall recover such amount as the court may determine to be reasonable as attorneys' fees at trial and upon any appeal or petition for review thereof or in connection with any bankruptcy proceedings or special bankruptcy remedies. 12.8 Assignment of Rents. As security for the payment of all liens arising pursuant to this Article t 1, each Owner hereby gives to and confers upon the Association the right, power and authority, during the continuance of such ownership, to collect the rents, issues and profits of the Owner's Lot, reserving unto the Owner the right, prior to any default by such Owner in performance of that Owner's obligation under this Declaration or the Bylaws, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, the Association may, at any time after ten (1(?) days written notice to such Owner, either in person, by agent or by a receiver to be appointed by a court of competent jurisdiction, and without regard to the adequacy of any security for such indebtedness, enter upon and take possession of such Owner's Lot or any part thereof, in its own name sue for or otherwise collect such rents, issues and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collectiort, including reasonable attorneys' fees, in payment of any indebtedness to the Association or in performance of any agreement hereunder, and in such order, as the Association may determine. Such action shall not cure nor waive any default hereunder or invalidate any act done pursuant to this Declaration. The assignment of rents and powers 24 -DECLARATIC7N OF CCJVENANTS, CONDI`l'It~NS AND RESTR1CTl[JNS FOR described in the foregoing paragraph shall not affect, and shall in all respects be subordinate to, the rights and powers of the holder of any first or second mortgage on any Zot, or any part thereof, to do the same or similar acts. 12.9 Norkexclusiveness and Accumulation of Remedies. An election by the Association to pursue any remedy provided for violation of this Declaration shall not prevent concurrent or subsequent exercise of another remedy permitted under this Declaration. The remedies provided in this Declaration are not exclusive but shall be in addition to all other remedies, including actions for damages and suits for injunctions and specif c performance, available under applicable law to the Association. In addition, any aggrieved Owner may bring an action against another Owner or the Association to recover damages or to enjoin, abate or remedy any violation of this Declaration by appropriate legal proceedings. ARTICLE 13 DISPUTE RE54LIITION 13.1 Mediation. {a} Except as otherwise provided in this section, before initiating litigation or an administrative proceeding in which the Association and an Owner have an adversarial relationship, the party that intends to initiate litigation or an administrative proceeding shall offer to use any dispute resolution program available within ~, Oregon, that is in substantial compliance with the standards and guidelines adopted under ORS 36.175. The written offer must be hand-delivered or mailed by certified mail, return receipt requested, to the address, contained in the records of the Association, for the other party. {b) If the party receiving the offer does not accept the offer within ten { I ~} days after receipt of the offer, such acceptance to be made by written notice, hand-delivered or mailed by certified mail, return receipt requested, to the address, contained in the records of the Association, for the other party, the initiating party may commence the litigation or administrative proceeding. The notice of acceptance ofthe offer to participate in the program must contain the name, address and telephone number of the, body administering the dispute resolution program. {c) If a qualified dispute resolution program exists within County, Oregon and an offer to use the program is not made as required under paragraph {a) of this section, then litigation or an administrative proceeding maybe stayed for thirty {30) days upon a motion of the noninitiating party. If the litigation or administrative action is stayed under this paragraph, both parties shall participate in the dispute resolution process. {d) Unless a stay has been granted under paragraph (c} of this section, if the dispute resolution process is not completed within thirty {34) days after receipt of the initial offer, the initiating party may commence litigation or an administrative proceeding without regard to whether the dispute resolution is completed. {e) Once made, the decision of the court or administrative body arising from litigation or an administrative proceeding may not be set aside on the grounds that an offer ~, to use a dispute resolution program was not made. 25 -DECLARATION OF CO'~ENANTS, CONDIT70NS AND RESTRICTIONS FOR ~l ~~ The requirements of this section do not apply to circumstances in which irreparable harm to a party will occur due to delay ar to litigation or an administrative proceeding initiated to collect Assessments, other than Assessments attributable to fines. 13.2 Costs and Attorneys' Pees. The fees of any mediator and the casts of mediation shall be divided and paid equally by the parties. Each party shall pay its own attorneys' fees and costs in connection with any mediation. 13.3 Survival. The mediation agreement set forth in this section shaii survive the transfer by any party of its interest or involvement in the Property and any Lot or Living Unit therein and the termination of this Declaration. ARTJtCLE I4 DECLARANT'S IMMUNITY The Declarant has anon-exclusive right and power to enforce the covenants, conditions, and restrictions contained in this Declaration, but the Declarant has no legal obligation to enforce or attempt to enforce the provisions hereof. In the event Declarant refuses, neglects, fails or is negligent in enforcing or attempting to enforce the Declaration, there shall not exist or be created any cause of action or claim against Declarant, and each Owner or any person or entity claiming by, through or from said CJwner hereby releases Declarant from and against any claim arising in connection with the development of the Property or related to Declarant's acts or omissions in preparing, filing or enforcing this Declaration and shall be stopped from making or enforcing any such claim. ARTICLE 15 lYlt]IZTGAGEI{;S 15.1 Reimbursement of First Mortgagees. First rrlortga,gees of Lots rnay, jointly or singly, pay taxes or other charges which are in default and which may or have became a charge against any Common Area and may pay overdue premiums on hazard insurance policies or secure new hazard insurance coverage on. the lapse of a policy, for such Common Area. First mortgagees making such payments shall be owed immediate reimbursement therefore from the Association. 15.2 Right of First Mortgagees Relating to Maintenance. At any time that the Common Areas are not maintained or repaired by the Association to the extent reasonably necessary to protect and preserve the value of the Property for security purposes, then the first mortgagee, upon giving written notice as provided in this section, shall be entitled to exercise the rights of the Owner of the Lot as a member of the Association to vote at all regular and special meetings of the members of the Association for a period of one year following the date of such notice. During this one-year period, the Association shall give notice ofall regular and special meetings to both the Owner and the mortgagee, and the Owner may attend such. meetings as an observer. Notice from the mortgagee under this section shall quote this Section 14.2 and shall be sent postage prepaid by certified LT.S. mail, return receipt requested, to the Owner with a copy by regular mail to the Association at the last known address of each. 26 -DEC;T.a~ ~T~~N (~F COVEI~3AN'1'S, CdNDITiC}l~S ACID R:I~STRICTI(~1LIS l~{~R 8z. 15.3 Subordination. Current Mortgagees hereby consent to subject the Property to the terms of this Declaration and to subordinate their interests in the Mortgaged Lots as provided far in, and ]united by, this Declaration. ARTICLE I6 MISCELLANEOUS PROVISIONS 16.1 Duration. This Declaration shall run with the land and sl~.all be and remain in full farce and effect at all times with respect to all property included in the Property and the Owners thereof far an initial period of thirty {30} years commencing with the date on which this document is recorded. Thereafter, this Declaration shall continue to run with the land and be and remain in full force and effect at all times with respect to all Property and the Clwners thereaf for successive additional periods often { 1 fl} years each. The continuation from the initial or any additional period into the next subsequent period shall be automatic and without the necessity of any notice, consent, or other action whatsoever; provided, however, that this Declaration maybe terminated at the end of the initial or any additional period by an affirmative vase ar written consent, not less than six {6} months prior to the intended terxnunation date, of the Owners representing at least seventy-f ve percent (75%) of the total votes permitted to be cast and, as long as Declarant owns any of the Lots, the written approval of Declarant. 16.2 Amendment. This Declaration or any provision thereaf maybe terminated, extended, modified or amended as to the whale of said Property, or any part thereaf, by the vote ar agreement of the Owners representing at least seventy-five percent X75%) of the fatal votes permitted to be cast and, as long as Declarant owns any of the Lots, the written approval of Declarant, Notwithstanding the provisions of Section 8.2 herein, far purposes of this Section 15.2 only, all Owners will be deemed to be Class A voting members and therefore entitled to one vote far each Lot awned. Any such approved amendment must be certified by the President and Secretary of the Association as being adopted in accordance with the Declaration as provided un ORS 94.594. Notwithstanding the foregoing, until the Turnover Meeting has occurred, Declarant shall have the right to amend this Declaration in order to comply with the requirements of the Federal Housing Administration, the United States Department of Veterans Affairs, the Farmers Home Administration of the United States, the Federal National Mortgage Association, the Government National Mortgage Association, the Federal Horne Mortgage Loan Corporation, any departnent, bureau, board, commission ar agency ofthe United States ar the State of Oregon, or any corporation wholly owned, directly ar indirectly, by the United States or the State of Oregon that insures, guarantees or provides financing far a planned community or lots in a planned community. After the Turnover Meeting, any such amendment shall require the approval of at least seventy-five percent (75%} of the voting rights of the Lats in the Property. 16.3 Joint Owners. Unless otherwise provided in this Declaration, in any case in which two or mare persons share the ownership of any Lot, regardless of the form of ownership, the responsibility of such persons to comply with this Declaration shall be a joint and several responsibility and the act or consent of any one or more of such persons shall constitute the act or consent of the entire ownership interest; provided, however, that in the event such persons disagree among themselves as to the manner in which any vote or right of consent held by them shall be exercised with respect to a pending matter, any such person may deliver written notice of such disagreement to the Association, and the vote or night of consent involved shall then be 27 -DECLARATION OF CQVENANTS, CONDITIC}NS ANI~ RESTF~ICTIONS FC}R ~~ disregarded completely in determining the proportion of votes or consents given with respect to such matter. 16.4 Notice of Sale or Transfer of Tine. Any Owner selling or otherwise transferring title to his or her Lot shall give the Association written notice within seven {7} days after such transfer of the name and address ofthe purchaser or transferee, the date of such transfer of title, and such other information as the Association may reasonably require. The transferor shall continue to be jointly and severally responsible with the Transferee for all obligations of the Owner afthe Lot, including assessment obligations, until the date upon which such native is received by the Association, notwithstanding the transfer oftitle. 16.5 Nouwaiver. Failure by the Declarant, the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 16.6 Construction; Severability; Number; Captions. This Declaration shall be liberally construed as an entire document to accomplish the purposes thereof as stated in the introductory paragraphs hereof. Nevertheless, each provision of this Declaration shall be deemed independent and severable, and the invalidity ar partial invalidity of any provision shall not affect the validity or enforceability of the remaining part of that or any other provision. 16.7 Terminology and Captions. As used in this Declaration, the singular shall include the plural and the plural the singular, and the masculine and neuter shall each include the masculine, feminine and neuter, as the context requires. All captions used herein are intended solely for convenience of reference and shall in noway limit any of the provisions of this Declaration. 16.8 Notices and Other Documents. Any notice or other document permitted or required by this Declaration maybe delivered either personally or by mail. Delivery by mail shall be deemed made twenty-four ~Z~l} hours after having been deposited in the United States mail as certified ar registered mail; with pc?sts.~~ pr~naid~ addressed as follows: If to Declarant or the Association, .; if to an Owner, at the address of that C3wner's Lot. The address of a party may be changed at any time by notice in writing delivered as provided in this section. 16.9 Recording. Any amendment, deletion or repeal of this Declaration shall not become effective until recorded in the official records of ~, Oregon. l 6.1 ~ Time of the Essence. Time is of the essence with respect to each and every duty and obligation of the Owners set forth herein. [signature and acl~nowledgement page to follow] 28 --DECLAMATION OF COVENANTS, CONDITIONS AND MESTMICTIONS FOM IN WITNESS WHEREOF, Declarant h.as executed this Declaration this day of , ~~~~. DECLARANT: LLC, an Oregon limited liability company - By: President STATE CrF OREGON } } ss. County of ) The foregoing instrument was acknowledged before me on , 2fl04 by ~ , as President, for : ~ ~ an Oregon limited liability company, on t~enalf of the company. Notary Public far Oregon My commission axpires:_ 29 --DECLAR-ATIQN OF Ct~VENANTS, CONDITIONS AND RESZ`RICTI(~NS FflR ~~ Gebl~ard Village PUD & Tentative Ilan PLANNING DEPARTMENT STAFF REPCtRT MEETING DATE• July 5, 2005 Tt~: Central Point Planning Commission FROM: K.en Gerschler, Community Planner SUBJECT: Public Hearing .. To consider a Preliminary Development Plan and tentative subdivision for the Gebhard Village PUD. The subject property is located east of Gebhard Road in area with a pending R-2 zone district designation {372W02AA Tax Lot 2800). Apulicant: Eric Artner Construction INC 2740 Jacksonville Highway Medford, EAR 97501 Owner: Miller Family Trust P.CI. Box 196 Eagle Point, RJR 97524 A ent: Herb Farber-Farber Surveying; P.(J. Box 5286 Central Point, UR 9'7502 Sumrnaxy: The applicant has submitted a preliminary development plan to create a PUD and subdivide an existing tax lot into 63 residential lots for detached single-family anal duplex, four-plex and six-plex owner occupied residential units. Based on Section 1'7.68.10(} the maximum lot yield would be 94 dwelling units. Two common areas are provided as open space for residents of the project. Evaluation of this PUD is based on the BeebelGebhard Road Master Plan. Authori~ CPMC 1.24.050 vests the Planning Commission with the authority to hold a public hearing anal render a decision on any application for a Preliminary Development Plan and Tentative Subdivision. Notice of the Public Hearing was given in accordance with CPMC 1.24.460 {Attachment A}. Applicable Law: CPMC 16,14.010 et seq. -Tentative Plans CPMC 17.24.010 et seq. - R-2, Residential Single-Family District CPMC 17.68.010 et sect. -Planned Unit Development {PUD) Discussion• Sackgrouztd: Recently, the City Council annexed the property anal is considering ~i~ approval of a zone change from R-I-B, Residential Single-Family to R-2, Residential Two-IYamily designation, The basis ofthe zone change is the Beebe/Gebhard Road Master Plan (Master Plan}. The engineering firm CES/NW has been working with the City in preparing the Master Plan, the intent of which is to address issues of neighborhood circulation and land use preferences for the area covered by the Master Plan, which includes the Gebhard Village P,U.D. Project Qverview: The project site contains 7.81 acres and is bound on the east and south by existing, or planned, detached single-family homes. To the north there is a planned park area, and to the west is Gebhard Road and the urban growth boundary. The design of the proposed PUD is consistent with the Master Plan. The project proposes a total 63 Tots, which will be occupied by one and two story detached single-family homes {17 units, Lots 47 through 63} and zero lot line row homes ofvarious sizes {46 units, Lots 1 through 46}. The detached single-family homes will be situated along the east anal south sides of the site, serving as an effective transition to the detached single-family homes existing, or planned, on abutting property. Two common areas are provided. The common areas are conveniently accessible to all lots. Each common area is approximately 16,000 sq. ft. in area. The location and design of the common areas is consistent with the Master Plan common area designation. Access to the development will occur through the creation of four {~} new public streets, three of which will intersect with Gebhard Road. The remaining streets will serve the interior of the development along with an alley that is proposed to accommodate alley- loaded garages for the detached single-family residential units. The proposed right-of way for Johnson Lake Drive, Bass Lake Drive, and Crescent Lake Drive is fifty-two feet. The Public Works standard requires ftfty-f ve feet, which is the minimum required to accommodate street trees. Heart Lake Drive is proposed to be constructed to the Alternative Street & Right-o~=Way standards as a Courtyard Lane {2? ft. right-of way}. The alley will be constructed to alley standards. The proposed project proposes to develop 63 residential lots. Based on the Institute of Transportation Engineers {lTE} Trip generation Manual base figure of 9.55 average trips per day per residence, the project would potentially create 600 average daily trips or roughly 60 P.M. peak hour trips. The City of Central Point recently completed the East Pine Street Corridor Traffic Study {Study} which studied East Pine Street, Hamrick Road and a portion of Beebe Road. The Study proposed the extension of Gebhard Road south to East Pine Street and a future bridge over Bear Creek that would extend Beebe Raad to the West. Additionally a new traffic signal at the intersection of Beebe Road and Gebhard Raad maybe warranted in the future. The traffic analysis was based on both Gebhard and Beebe Roads are widened to full collector status. Typical building elevations have been provided for the duplex, four-plex, and six-plex. No building elevations have been provided for the detached single-family units. Below is a table that compares the zoning requirement for the R-2 district and that proposed by the applicant Planned Unit DevelopmentslZoning; Planned Unit Developments are designed to offer flexibility in lot dimensions, minimum sizes, setbacks and public works standards when there is some unique or unusual quality present on the land. In this situation the P.U.D. is being requested on the basis that it is necessary to implement the Beebe/Gebhard Master Plan., which clearly illustrates the use ofmulti-plea units on the project site. Multi-plex units are only possible within the R-2 zone through a PUD application. While there are no particularly unique conditions present on the subject property, the applicant would use the flexibility of a PUD rather than a conventional subdivision since the P.U,D. would allow the area to become a T4D style development. implementing the TOD components could be complementary to the intent of the City's development goals since CPMC 17.68.010 states that the purpose of the planned unit development is to "gain more effective use of open space, realize advantages of large-scale site planning, mixing of building types or land uses, improved aesthetics and environmental preservation by allowing a variety of buildings, structures, open spaces, allowable heights ands setl~aeks of buildings and structures". In the following table, the standard development requirements for the R_2 zoning district art; shown relative to the applicants proposed requirements. Standard Requirements 1'7.24.050 Gelahard Estates PUD R-2 Minimums Pro osed Minimum lot area-interior 6,000 square feet 1,730 square feet Minimum lot area-corner 7,000 square feet 2,050 square feet Minimum lot width-interior 60 feet 24 feet Minimum lot width-corner 70 feet 29 feet Minimum lot depth Presumed 100 feet {for 6K. min.} 72 feet Minimum front yard setback 20 feet 10 foot min., 15 foot max. ~,{} fot}t for ara c. Minimum side yard setback-interior 5 feet per story 1'~ot given Minimum side yard setback-street 10 feet, 20 for garage access blot given Minimum rear yard setback 10 feet loot given While most of the setbacks proposed by the applicant are similar to TC7D style development, the alley-loaded garages could be problematic since the applicant has proposed a three foot setback, which in conjunction with the 20 foot wide alley will provide a 23 foot back-up area. The typical minimum back-up area fox ninety degree parking is 24 feet Within the TC}D district the minimum front yard requirement is 10-15 feet. For the side and rear yard setbacks, the applicant's findings {Attachment "B"~ do not specify a reduction in the side or rear yard setbacks for the detached single-family lots {Lots 47 through 63), and therefore it can be assumed that the standard setbacks for the R- 2zone district will apply. For all other lots the maternal setbacks will be zero, while the Agency Comments: The Pubtic Works az~d Building Depaz-tznents have provided their comments, recommendations and requirements for this application (Attachments "F" and "G"}. Rogue Valley Sewer Services was z~otifzed of this application anal has submitted correspondence. Jackson County Fire District Number Three met with the City and the applicant and the applicant will need to provide the District with a complete set of plans and meet any requirements that maybe assigned. Findings of Faet and Conclusions of_Law: In reviewing these findings of fact and conclusions of law as submitted by the applicant, the planning commission should refer to the following criteria to grant or deny a PUD whereas; CPMC 1'7.68.040, states "A .l'111? shall be permitted, altered or denied in accordance with the standards and procedures of this chapter....and to approve or deny a I'tID, the planning commission shall find whether or not the standards of this chapter, including the following criteria are either met, can be met by observance of conditions, or are not applicable. Criterion 1 That the development o, f a harmonious, integrated plan justifies the exceptions to the normal requirements of this title; Finding: Gebhard Village is consistent with the BeebelGebhard Road Master Plan, which the City has prepared as a general framework for land use integration and the provision of an adequate neighborhood circulation system to facilitate development of the study area as harmonious and integrated neighborhood. The P"[JU proposal is the only means of accomplishing the intent of the Master Plan as defined for the project site. Criterion. 2 The proposal will be consistent with the comprehensive plan, the objectives of-the zoning ordinance and other applicable policies of the city; Finding: The pending Comprehensive Plan designation for the property is Medium Density Residential. The pending R-2 zoning is consistent with the Medium Density Residential designation. Planned Unit Developments are allowed within the R-2 district subject to compliance with Section 17.68.010. The Comprehensive Plan encourages innovative residential planning and development techniques in the form of planned unit development, clustered development, zero lot-line development, and others as appropriate that would help to increase land use efficiency and reduce the cost of utilities and services {Comprehensive Plan, Page III-12}. Criterion 3 The location, size, design and operating characteristics of the P~L~ will have minimal adverse impact on the livability, value or appropriate development o, f'the s:crrounding area; Finding: The intent of the Beebe/Gebhard Road Master Plan was to coordinate land use compatibility and the need far a neighborhood circulation plan, both cif which are important considerations in maintaining neighborhood livability. The prs~pc~sed PUD's location, size, land use, and circulation are consistent with the Master Plan's R-2 designation for the project site. The project's design incorporates the use ofdetached single-family homes as a transition between Tower residential densities to the east and south, and orients the common areas to the low density residential lands in the county, west of Gebhard Road. Internal and external circulation is consistent with the Masfier Plan. Primary access to Gebhard Village will be from Gebhard Road. 7ohnsc~n Lake Drive will provide future access to developable lands to the east. Criterion ~ That the proponents of the PUl7 have demonstrated they are f nancially able to carry out the proposed project, that they intend to start construction within six months of the jinal approval of the project and any necessary district changes, and intend to complete said construction within a reasonable time as determined by the commission; Finding: _Eric Artner Construction has developed projects within the City of Central Point during the past and has been responsible for the construction of several multiple-family buildings and most recently, the Daisy Creels Estates townhouse development which is also a P.U.U. The Daisy Creep P.U.D. did have problems with meeting same of the development timelines and requirements of the Planning Commission approval Criterion 5 That traffrc 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 trajjrc circulation and parking; Finding: The project will generate approximately 6{7 PM peak trips, or 1 ~°lo of the PM peak 1141ir trips estimated for the Master Plan area {East Pine Street Study}. Gebhard Road, although substandard, is a designated collector. At this time there is insufficient data to determine whether, or not, this project will adversely affect the level of service on Gebhard Road, or any of its intersections. The internal circulation plan is capable of accommodating the project's internal traffic needs. Parking will comply with City standards for on-site residential parking. ~V In anticipation of the need to mitigate increased traffic as a result of development within the BeebeJGebhard Master Plan Area, the City will require developers to sign a development agreement with triggers that obligate roadway improvements to specific development activities. The developer ofthis project has been working with City Staff and City-funded consulting firms to address the future traffic concerns that will be associated with. the higher density use that is proposed. While this development shows two full width streets and an alley connecting into Cebhard Road, there is a larger plan {East Pine Street Study} for the area that will eventually Zink this neighborhood to the east and to the south through a new road network that may include another bridge crossing at Bear Creek and anorth-south arterial linking Cebhard Road to East Pine Street, Criterion 6 What commercial development in a P~T.I~ is needed at the proposed location to provide adequate commercial facilities of the type proposed; Finding: This proposal pertains to a residential development and the commercial criterion does not apply. Criterion 1 Whatproposed industrial development will be efficient and well-organized with adequate provisions for railroad and truck access and necessary storage; Finding: This proposal pertains to a residential development and the industrial criterion does not apply. Criterion 8 The P~TI~ preserves natural features such as streams and shorelines, wooded saver and rough terrain, if these are present; Finding: There are no natural features such as streams, shorelines, wooded cover or rough terrain on this property that was formerly a poultry farm. The poultry farm will be replaced by residential development that will include open spaceJpark area with a total combined area of approximately 20,OC10 square feet with a pedestrian connection that could eventually tie the development into the surrounding developments and the Bear Creek Greenway which is located to the south and west across Cebhard Road. ~~ Criterion 9 The PI.I~ ujill be compatible with the surrounding area; Finding Gehhard Village is proposed for an area pending rezoning to R-2, Residential two- family. The project adjoins the Green Valley subdivision Zoned R-3, Residential Multiple- Family} to the north and the proposed ~V'hite Hawk P.U.D. {Zoned R-1-6} to the south. To the west is Gehhard Road with County-zoned residential parcels on the distant side. The area east of the project is zoned R-1-f, Residential Single-Family and is presently underdeveloped with rural homes anal the Shepard of the Valley Catholic Church. All the above referenced properties are within the Master Plan area. The proposed zoning, land use, and design of Gehhard Village are consistent with the Master Plan. In comparing the existing uses with the anticipated future uses of the area, the Gehhard Village P.U.D's use of detached single-family units along the east and south borders provides a transition between its high density parcels and the lower density parcels to the south and east. The only area where the proposed P.U.D. could be incompatible is along Gehhard Road and its County-zoned neighbors to the west. _Gehhard Road is a ~0 foot wide County Road that will be upgraded to accommodate the additional traffic associated with the development, but for the residents across the road to the west, the P.U.D. will likely have an adverse impact. In the long term, there is the possibility that the County, zoned properties may become part of the City through the Regional Problem Solving process and if this were to occur, the land could be rezoned to a designation more consistent with Gehhard Village. Criterion l0 The P~1~ will reduce the need for public facilities and services relative to ether permitted uses for the land. Finding: The area surrounding the project site is located within the Urban Growth Boundary and was identified for urban uses as early as 1973. The City Council annexed the property and more recently, rezoned the property from R-1-8 to R-2 in anticipation of this project. As density increases, one of the fundamental benefits is the reduction of the need for public services relative to the extension of tlae services. Eventually, a reduced cost of maintenance is realized since there is less lineal distance in infrastructure to be repaired or replaced. What this means is that while the entry level cost of putting water, sewer and electricity to the site maybe slightly higher at fzrst due to the increased load, in the longer teen of 2fl to 30 years, these wires and pipes wear out and need to be replaced. if the distance of these items is reduced, then the cost to replace them is reduced since there is less material and labor required. ~~ Recommendation: Staff recommends that the Planning Commission take the following action: 1. Adopt Resolution No., approving the tentative P1JD plan subject to the recommended conditions of approval (Attachments ___}; or 2. Deny the tentative PUD plan; or 3. Continue the review of the tentative PUD plan at the discretion of the Commission. Attachments A: Notice of Public bearing B: Applicant's Findings of Fact and Conclusions C: Tentative Plan and Building Elevations D: Development Schedule E: Planning Department Conditions of Approval F: Public Works Staff Report C.x: Building Department Staff Report H: Correspondence from other agencies ~~ t .r. ~it~ of ~~e~-~~al Point ~E~TR~I~~- ~c..anrn~i~v~ fl~PA~r~~Nr ~~ ~ ~T Tom Humphrey, A1CP ^^ "~~+" Community Development Director Ken Gerschler Community Planner Dave Alvord Community Planner Irisa Morgan Planning Technician No#ice of Public Hearing Date of Notice; June 'l5, 2045 Meeting Date: July 5, 2(105 Time: 7:04 p.rn. {Approximate} Place; Central Point City Hall 155 5. Second Street Central Point, aregon NATURE OF MEETING Beginning at the above time and place, the Central Point Planning Commission will review Tentative Plan and Planned Unit Development applications. The purpose of this application is to create a Planned Community comprised of 91 dwelling units, The property is located within a proposed R-~2, Residential Two Family zoning district. The property is identified on the Jackson County Assessor's map as 37 2W 02, Tax Lot 2800. The property is located north of Beebe Road, east of Gebhard Road, and west of Hamrick Road. Pursuant to QRS 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 TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: URS CHAPTER 215 REG2UIRES THAT IF YUU RECEIVE THIS NOTICE IT MUST 13E PROMPTLY FORWARDED TO THE PURCHASER. This notice is being mailed to property owners within a 200 foot radius of subject property. CRITERIA FUR DECISION The review requirements for Tentative Plan and Planned Unit Development applications are set forth in Chapters '10.10 & 17.88 of the Central Point Municipal Code, relating to General Information and conditions of the project approval. ~~ F'Uk5[...lL; L:CIMMCN i 5 1. Any person interest in commenting on the above-mentioned land use decision may submit written comments up until the close of meeting scheduled far Tuesday, July ~, 20g6. 2. Written comments may be sent in advance of the meeting to central Point City Hall, 1 Sly South Second Street, Central Point, Dr. 975fl2. 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 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 City Hall, 1 ~~ South Second Street, Central Point, aregon. The City File Number is 05410. Copies of the same are available at ~ ~ cents per page. 5. For additional information, the public may contact the Planning department at {541 } 664-3321 ext 292. SUMMARY OF PRC}CEQURE At the meeting, the Planning Commission will review the application{s} and technical staff reports. The Commission, will hear testimony Pram the applicant, proponents, opponents, and hear arguments on the application{s}, Any testimony or written comments must be related to the criteria set Earth 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 Paint City Council be informed about all Planning Commission decisions. ~~ R:Ef,~~C.~EST ~{3R: AI"PR(3VAL C)~ A b4-I~I'~IT PLANNEl~- ~TN~T 1~~VELQPM~NT/SLTBD~VIS~t~N ~NT~TLEP- "GEBHA~- 'VILLAGE PLAI~IN~I UNIT DE'V~L()PIi~~~IT" An applicati©n before the Central P©int Planning Commission APPLICANT. Eric Artner Construction, Inc. Pt? Box Jacksonville, Oregon 97530 L©CA'TIUN: East Side of Gebhard Road, approximately 100' south of its intersection with Green Valley Way. REQUEST. 1 }Planned Unit Development Approval of a ~4-unit proposal with a rnix of single- familyand attached housing, along with open space components. 2} Tentative Plan Approval afa 64-lot subdivision proposal (63 afwhich will be privately awned and 1 of which will be common areas and open space}, along with the dedication all streets sections and various alleyway connections. ~t~LEVANT FACTS: 1} Site: The 7.83 acre subject property is located in the Northwest quadrant of the City of Central Paint, and is accessed by proceeding north on Hamrick road, turning left onto Beebe Raad and fallowing the curve north onto Gebhard Road, While located in an area that is undergoing rapid urbanization, the subject property has remained primarily unde- veloped, with only one residential home, a dilapidated barn and some wooden stalls cur- rentlysituated on it. These structures will be removed as part of the project. The prop- erty is covered with field grasses and is treeless except for 13 medium-sized trees in the west side of the site next to the Gebhard Road right-a~'way. The site is primarily level with a gentle slope from northeast to southwest (see Topographic Map, Sheet Z}. 2} I.~and Ilse: Gebhard Road runs along the Urban Growth Boundary which is on the west side of the subject property. The subject property is located within the rapidly urbanizing Neighborhood G as identified in the Comprehensive Plan and is immediately adjacent to the City Limits with a current Comprehensive Plan designation of Medium Density Resi- dential and zoning of R-2. 3} Surrounding Characteristics: Ta the west, across the Urban. Growth Boundary, is County Land currently zoned Exclusive Farm Use, This will require buffering in accor- dance with Residential Development Policy #3 of the Central Point Comprehensive Plan. To the south is property located inside the Urban Growth Boundary, but unable to de- velop until brought adjacent to the City Limits, such as through this proposal, The subject property is also immediately adjacent to the south and west of the 200-unit New Haven Estates/Hidden Grove manufactured dwelling park (platted as the Green ~Tal- ley Subdivision, a Planned Community). The Green Valley Subdivision is zoned R-3 but yet designated Low Density Residential on the Comprehensive Plan Map. A similar anomalous situation exists nearby with the R-2 zoning south. of West Vilas Road and Gebhard Village Planned Knit Development Findings Page 1 ~~ immediately east of the Don Jones Memorial Park. Staff is uncertain as to low these situations came to be. 4} GroFVth Characteristics: Such anomalies do represent evidence, however, of an appar- ent trend. toward higher densities than originally envisioned in the Comprehensive Plan for this area of Central Point. The Comprehensive Plan serves as a guide for future de- velopment, but as changing circumstances arise, it frequently needs to be "tweaked" as individual owners begin developing their properties. The need for creative modiiZCations is also evident in the development projects that have already been approved and constructed on the neighboring properties such as the recently- approved Beebe Wood Planned Unit Development off from Hamrick Road. 5} The Proposal: The development of a 64-lot subdivision (6~ of which will be privately- owned and 1 of which will be common areas and open space}, along with the dedication of all street sections and various alleyway connections in a Planned Unit Development format comprised of a mix ofsingle-family and attached housing. To design the Gebhard Village Development, Eric Artner Construction, Inc. contracted with Daniel R. Horton. 1VIr. Horton is awell-known and highly-regarded local Stnzctural Architect, Urban Designer and Landscape Architect from Eagle Point, C?regon. The task given to Mr. Horton was threefold: 1} Analysis: Identify opportunities, constraints & development issues posed by the sub- ject property. 2} Concepts: Design a buildable plan respecting existing adjacent developments and give special consideration to connectivity with surrounding urbanizable properties. In the Comprehensive Plan there is no east-west connection proposed between Gebhard Road and the large undeveloped. portions of the UGB to the east, ultimately tying back to Hamrick Road. 3} Comnnunity: Create a neighborhood that ties into surrounding development but also creates a truly cohesive mixed-use development with neo-traditional design aspects and suitable open space. After reviewing the property, Mr. Horton developed a Site Analysis Drawing which re- sulted in the proposed attached PUD Plan, Mr. Horton identified several ways where the connectivity could be achieved.. A public street and alley system will be constructed to provide access to individual lots, and Johnson Lake Drive across the south of the subject property provides a strong east-west vehicular linkage, while preserving the cohesive community feel of the majority of the development. The street names stated on Sheet l of the application maps are those being proposed for this project. Additionally, the pro- posal allows for multiple options for separated pedestrian access between future schools and the open space to the north and within the development. A public access easement will be recorded over the pedestrian access ways and noted on the Final survey plat, al- lowing for general use by the public. Additionally, while an outline of the restrictive covenants is included with this packet, a draft copy of the CC&R's for the Homeowner's Association which will describe re- sponsibility for the maintenance of all common open space and mutual accessways} will be provided at the time of Final Plat. Gebhard Village Planned Unit Development Findings Page 2 ~~ The proposed circulation system will provide access onto Cebhard Road, which will re- ceive half-street improvements along the western frontage of the project in accordance with tl~e City of Central Point's appropriate street standard. The primary public streets in the project are prapased to service the development but also provide connectivity to the adjacent property to the east. In addition, public alleys will be provided to allow rear access to the many of the residences within the project. These alleys do not provide access options far adjacent properties. The project has received extensive design consideration in order to maximize functionality and efficiency and to mitigate any potential impacts. The street typicals, along basic utility connections are shown on the Conceptual L3tility Plan, Sheet 4. The street plantings and park designs are depicted on the Conceptual Landscape Plan, Sheet 3. Additionally, a reduced set of typical Architectural Elevations, has been prepared. PLANNED UNIT DEVELOP~'IENT APPROVAL CRITERIA: According to Section 17.G$.040 of the Central Point Municipal Code, the planning cornmis- sion shall find that the following criteria can be met: CRITERION {A}: That the development of a harmonious, integrated plan justifies excep- tions to the normal requirements of this title. Findin s of Fact A}: The Gebhard Village proposal will create a special development with a wide variety of housing types that still harmonize into an integrated, cohesive neighborhood through carefully-planned streetseape design and architectural styles. This requires some deviation from typical City Stan- dards. Exceptions to zoning anal subdivision titles are allowed in accordance with Section I'7.68.080, These deviations are listed below. 1} The typicals that are prapased to be used for the internal public streets and alleys do not correspond with the City's minor residential or standard residential street typicals neither with or without landscape caws}. Instead, the project requests a deviation in order to match the standard residential street section that Central Point approved as part of the Twin Creeks Transit-Oriented Development. The proposed streets will be designed per Table 300F, Alternate Street and Right of Way Widths, in the Public Works Standards and Specifications far Minor Residential Streets, Courtyard Zane and Alleys. The alley along the east boundary of the project will be per Table 300-1 E of the Public Works Standards. 2) R-2 square-foot lot sizes, overall density, lot width, lot coverage, and setbacks. The project consists of a combination of mixed dwelling units from six plexes, four plexes and single family homes. This is mix is needed to accomplish the open space and provide affordable housing in the City of Central Point. This results in fats Pram 1568 square feet to 6398 square feet with the average of 3357 square feet. This also results in lots less than 60 feet in width, The (rant yard standard of 20 feet will beheld in Cebhard Village Planned Unit Development Findings Page 3 ~~ front of garages with I O to I S feet standard for the living areas, similar to the Transit Oriented Development. Building plans have not been. identified for the single family lots. The plexes are shown on Sheet 3 of the maps with elevations on reduced copies submitted with this application. Conclusion fA~ ,Based upon. Cite above Ftndii:gs of Fact (A} at:d txte fallowing stiputativns,fcrr the deviations requested, Perfarmar:ce Sta~adard tlptinns Criterion (A} can be fr~und to have been satisjged. CRl'I`ER.ION tB~: The proposal will be consistent with the comprehensive plan, tie objec- tives of the zoning ordinance and other applicable policies of the city. Finding of Fact (81: There are a number of recent medium density developments in the general vicinity of the subject property, such as Beebe'~Voods, New Haven Estates, and Ridden Grove manufactured dwelling park. These developments, which have been, or are in the process of being, built-out in short or- der, are all located within Neighborhood Subarea G as indicated on Comprehensive Plan page III~10. As stated on page III-~, "the most logical direction far non-industrial urban growth" is into this sub-area. The Comprehensive Plan went on to indicate on page III-8, "whenever possible, residential arw eas are to be arranged in harmony with other land uses to form a well balanced and identifiable neighborhood. 'T`his "neighborhood concept" attempts to establish individual and unique neighborhood areas which have easy access to neighborhood "convenience" shopping facilities, parks and recreational facilities, public schools, and major transportation corridors." These cur- rent medium density developments in Subarea G meet the page III-I I description of medium density areas by being located close to activity centers {such as the Fairgrounds & the Beebe Downs, various produce and greenhouse outlets, restaurants Tike Mon Desire, and the shopping concentrations on Crater Lake Highway 62}, two Comprehensively Planned Public Schools, and near major transportation corridors {such as Hamrick Road and Table Rock Road}. The current proposal would continue that compliance with the intent of the Comprehensive Plan bath due to its conformity with the surrounding urban neighborhoods and the fact that the pro- poseduse ofinedium density designation allows the City to maximize urban growth, since High Density designations are precluded "adjacent to or near agricultural areas" {page Ill-l l}. These Comprehensive Plan strategies are reflected in Residential Development Policy #I (page XII-I I}, which strives to "encourage a greater distribution of housing opportunities by providing for variety of housing densities and types throughout the City in order to avoid undesirable and inefficient concentrations of housing types and segments of the population in any one location" and in Residential Development Policy #5 (page X11-I2), which strives to "continue to ensure that song-range planning and zoning reflects the need to locate the highest densities and greatest numbers of residents in closest possible proximity to shopping, employment, major public facili- ties, and public transportation corridors". The current PUD proposal also conforms with Residential Development Policy #4 (page III-12}, which strives to "encourage and make possible innovative residential planning and development Gebhard Village Planned Unit Development Findings Page 4 techniques that would help to increase land use efficiency, reduce costs ofutilities and services, and ultimately reduce housing costs". This policy specifically references PUDs as a means to achieve its purposes. The purpose statement contained in 1'7.~8.O10. Conclusion {B}: Based upcirr the Findings of .Fact, Criterion {`B} can be farrnd to have been satisfied CRITElZI4N {C}: 'f'he location, size, design and operating characteristics of the PUTT will have minimal adverse impact on the livability, value or appropriate development of the surrounding area, Findin~of Fact {C}• The livability, value, and appropriate development of the surrounding area are immensely en- hanced by this proposal, not adversely impacted.. Parks are expanded, street and pedestrian con- nections made, and utilities extended. Given the growth tendencies of Subarea G, both existing and potential, the surrounding area is very likely to imitate this proposal, Conclusion {C1: Based upon the above Findings of Fact, in cvnjuncti~n with the deviations requested, Criterion {C} can be found tv have been satisfied. CRITE~RI{~N {13~; That the proponents of the PUD- have demonstrated that they are finan- cially 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 in- tend to complete said construction within a reasonable time as determined by the coininis- sion. Finding of Fact {D~}; Eric Artner Construction, lnc, is currently constructing a 58 unit Town home development in the City of Central Point {Daisy Creek Village}, this project is funded by US Bank. t3S Bank is egger to finance all of Eric Artner Construction's upcoming projects including Gebhard Village, The Gebhard Village project vain be of approximately the same scale as the Daisy Creek Village pro}ect, and vain be phased according to zmarket demand. t)ur goal for time of completion will be between l8 and 24 months. Cancinsion (1~}; Based upon the above Findings ~rf Fact, Criterion {.I)} can be found tci have been satisfied, CiZITERItJN (El: That traffic congestion will not likely be created by the proposed devel- opment or will be obviated by demonstrable provisions in the plan for proper entrances, exits, ixiternal traffic circulation and parking. Findin~of Fact {El: Tim A burn, PE, in his opinion, the proposed development will not likely create traffic congestion. lie based l~.is opinion on the fallowing: Gebhard Village Planned Unit I3evelopment Findings Page ~ l~ 1}The two proposed entrances will be designed as public streets, with radiussed approaches to City Standards. 2} Traffic volumes are currently well under 10(}x} vehicle per day, per Jackson County Records. 3}Traffic SDC's on this collector road should mitigate the need for frontage improvements. Conclusion (E~: Based upon the above Findings caf Fact, Criteriatr {E~ can be farrrrd to have been satisfted. CRITERI+DN {~ That commercial development in a PUD is needed at the proposed loca- tion to provide adequate commercial facilities of the type proposed. Finding of Fact {~}: There is no commercial development proposed in the PUD. Conclusion ,(~}; Based upon the above Findings of Fact, Criterion (F,i can be found to have been satisfied; CR.ITER~QN (G). That proposed industrial development will be efficient and weli- organized with adequate provisions for railroad and track access and necessary storage. Finding of Fact f G}: There is no industrial development proposed in the PUD. Conclusion (Gl; Based upon the ab©ve Findings vfFact, Criterion (G} can be found tv have been satisfier.~ CRiTERIflN (H}. The PUD preserves natural features such as streams and shorelines, wooded cover and rough terrain, if these are present. Finding of Fact ~~.There are no streams, shorelines, or rough terrain present on the property. There, are 13 trees located on the property, the majority of which fall within proposed streets and will have to be removed. However, the twenty-foot canopy deciduous tree in the park will be preserved and the applicant has proposed an aggressive planting program that will replace those trees that must be removed on two-to-one basis. Conclusion ~~ Based upr~n the above Findings crf Faet, Criterion (H} can be, found tv have been satisfied, CRITERIQ_N fI}~ The PUD will be compatible with the surrounding area. Finding of Fact (I}: See Finding C above. Gebhard Village Planned l.Tnit Development Findings Page 6 ldl Can~lusion ~); Based upon the above Findings of ."act, Criterion (I} cart be fnrcrtd to T~ave been satisfied. CRITERION ~ The PUD wi11 reduce need for public facilities and services relative t4 other permitted uses for the laxzd. Find Hof It act (S}: The need for public facilities and services required by the proposal wilt be essentially same as single-family and two-family developments ether than that there is an increased efficiency of the provision of services such water and sewer due to the increased density. The proposal is defi- nitely less demanding ofpublic facilities and services than permitted. uses such as public schools, public parks, or residential care facilities. Conclusion ,~Jl; J3ased upon the ubvve Bindings t~f Fact, Criterion {J} can be_ found tv have been satisfied. Prepared by: Herbert A Farber Farber & Sons, lnc. Farber Surveying 431 Oak Street Central Paint, tJregon 975012 541-664-5599 Date: NZay 3, 2005 Gebhard ~J`illagc Planned Unit Development Findings Page 7 ~~ :° o~ s~ ~6 ~¢ tS f~ ;~ $- _~_ ~t: LEA fi ~`xti ~~ F-°'-"` 5#S ... ~~_ ~ ~ #~ I ~ I s9 ~ ~ ~;§ t ~ 4 I i__.x ~np€p~ I E F i ( 1 II I I F~F t F j `V ! t I I I ~"' ~ ~~ } I i ~ ~~ i `I ~~ ~ I w~ e~ ~~ I Fl z~ { ~~ S=,~ „ ..~. ...I ~, ~ i~~-~rirn ~~ ~ r,~, Via? ~3$ ~~"~ i i i ~ t I C I r E }~_...__.~((1 E___._..3 I I !F I ~ I ...... ..~ ..._ _ r-.- ---. :z artn~r+ vv.crr swu+>s~r r. reurtn rnrur r io~s~ ......~.~. -.-..- ~ 3 d a rc.sTxw nsawr ~ §3r 5 fi ~ ~ x ~ ~ ~ ..~ ~ ~ .~ _p~q~u~ ~ ~ F o R P o~ ~ `o `~~ ~ .............. 1 T U> -.1.iW 3+3 U.i 2 ~ a56 _`~.~" I~~ ~ :•c: t..r ,.... x . ti x ~ 3 ~~ ~ ~ • >watasco +:& sT MM x ~n Ymwin 17 nc ~y ° f... .. - ~. ~ ~~' ~~~ I tar as { x --- =N-;, g f ~ i taT Tr ( # SH"- t' up i -- io i ~..... w . >~ kft ' ~~r~ sa>T t~. ~~~o ~ ~ fi siairs~n ffR ~ ' ~ ni.. -a ""' dFSnR. # sso I • a i~ ~. ~ jj ~ + .~..~ ~ ..___ _... _.... 4 2 y ,z .; N~ I ,3p ` i i as ~ ~ 1~ o~ ~ Lar ss ( ~ , •....3 EE ~ .~ 3k0 M> tiA9L1blLtAGE oti h£ ~16.0 k MA tt ai9 a^Y~ _ ~ ~ taT S1 . ' .*. o~ °~ ~~ oR ~ ; € ~ uo E ~~ . aa 1. t» j Fo tar ss t r~ b d '" sim k~- ~ I( F 3#f kh ~. 9 r a ~9 %OT k i ta ss ( sTw kR ~» ~~ %t SR p E ~ t5.0 ~`" r tuT ti ,x n Los so ! ' ' xar ss ~ arc kR .ip r . SN} kR E I ! si°oi s~n ~~ r °~ ~ ~ . .'~ ~ ° _z E aY i ~ .30 1 - xrxz st rt ' - .._. J t . a >« « X . p n MYSI>YD iY P.£ r :S 4~ :j~ Ri`{ r~ ~„g=a t °~ ae o- o~ o~ "' ~ $'84 E _ _ _ _ ,•... >i3~ +unr t+t 2 sr,,s au i O S pjyr~ trE itt. tf1 s¢ SI3 E tO 50. ~ p~ x32i -- - -- .. _.. m..... _ AI ~.~ aTa +9 +r.0 s9.4~ _ ~t~ o ' `op `o' a~ o `o ~r <t6 !+a' LOS IT fi.! ~~ an~% t61 }q - its Lat 3sa t0r Y .5 LOT 2T ~~ i rf. t ~ f 6 T` N.} :5 .e^ a5gs 3 1 a i9a Y~3 ......__ ,s a o * <}6 0~ 6 4" it4 ~ + o~ n 'g 5~0 [aT .~ '~ s,n ka ~« ns Laf u.3 t07 S> ii.5 i 5 [ai r1.3 [ar sa 4 }ar lp s fa o w.a +a,p I ro Sia ` ""~ E ~ ~ _.___.___. Sheet T of 2 Subdrvrsan Pton ~ ~ ~ ~ ~ ~ x ~ $h¢e( ! of 4 PUU P1nn I I 1 I +i,~iy,v{~u VIYi! LLV1:,4VYMCiy( a SUSbNrsraN GL'8!-lARD VlLLAG~' gar>:r< yj NOkltfEhSf ONE ¢u,4tFER QF S£CitON 2 J! 70WNSFffA 37, SOUTM, f2AttCE p WE57 WJ[LAAtE!'fE AtERlp7tN, JACKSON COVMY. OREGON far ERlG ARTNER GOl+I5TRUGTlOtV s+rc uaatss a9.0 OFBK4Ra ft6nD CENrP.V, P(NHr. OREGON 415G£ ARFA ~~ a °x a W ~ i~i u f 3 3 8P£af RO YACSf t4Y HSE SO44C tLt[~ A i[itus( sms.PL laa[u2 3br spas( siYi Hf1+%k 6( WK 43 rota Rx~ - r H .ars we - n»x rlivrY c..x.crrT Ew ..xr. sws..r sc H%M. Fxf. xto VVffi..L rv. S sic.,. w,x uAp l~'kEZ. °Ax3 n~~v .wx>t..sr~v.,, SifET i APr~CA1YY{ NM PR(PARL 6Y Et~tt~}E~~ SHCEf 2 Bx$E R'E iixP £RCPAFt£D %Y HranuvtB [iraWe»tf. I4Y. PR6F'F sroHxy LAxD suRVevaR , sir~`~ j xs*>: s+:c +x-s+-m .R r LEEf t APPUCR1.Yt uAS> 9RERARE6 9Y iARFlSR SIRK sJ,j~ SH£Er 2 BiA$E SR ftAA~ P~ a %Y HfA:.+ !-mfA• 5ry€ET 3 BJ>.D~ tAY4J7 x116 tuibSEA?C hFx Buxarr£ G1YASl?~t5 AR£ IX! A REHxxa SHEET PREPAREp BY; oetxt .a.~tturK+ aaa<~ sH€Er . cafavaeu vrt~rT ERRf.EER G Ptur PR£PxREO ST: enrwsERUr. SfE!lRfJUS SVrv4YrQ bY' FNiBER & SANS, 1N0. dbo FARBER SURVEHNC {5si) fibs°5598 air anx STREET R.O. Sax 5264 CCNrR,tt PatNf OREGON 4759$ s~cxc: . w' *e .Taos rx fn. ~ has .aaalttu*su row^.lciwwn MWiuf>"Y„i~~E'1VSC uYN/iz l ~~ 3;'~" Ytt~lYL {~ILIt~€G V4N i -TY~'. iar~vt~x 2-- ~~'~ _ "^-r ~~fG ,ARTi~~"h.- c~~S~rRUC-r~a~. GiEE3NR.R.C7 RD. ~i~ v~.N E -T'fP. S~EUw~~. SIQI, iG ~y 1X4 '~C~~ T~tM ~i ~'• vG 6 X£~ ~'t~aT TYF'. L.A;~ v[i732~1G m DAx+£w ft c'caYON -Ae.CWSEC' X~ WS U1, tcrSW. PO. W% #8~ EAGLE YQINT.FR ?Zbx< p}µpi?lFAX Sii~Ls].uau Fw`u*u W~w~f"eneat~u~..~..d ~ Ge~v~u, W w«a rou{.'~~x G ~ ~aan. r~.. w.y ~M orir.w.~~ ~~pr+~ u w oac:.+•. .e..~ cgyyf,. S SEATE~ffER 2Q7tl4 ___ Ft~F~~ER S~~'~FY'I1~G Fay ~54165~15003 dun 28 2005 16 ~ 10 P. 02 ~}.~`j~. C #-~ j`~1 ~ t r ~ It y t Y~ FAR~R S~1RL~YI~[G F~x~541664560~ Jan 28 2005 1b~10 P. 05 R .~ (y ~i ~. P y ~ -~ 4 vt~ ='"+Y .~ ~r 'O ~ -~.~ ~i ~a a.~ ~~~y~<. c fit. X ~ U Ili !. y;n ^0. eta :c' i ~ +~ S `s i *'" _ 2~ Z~ i i . '6i ~ir~ 1 i i ,1~ ~' ~~~~ ~11R~~'~~~'1G ~~ `}~ `~{ '^.~. ~ ax '~~~'~~~~0~ ., y~x (~ ~ ~p fie" ~' ~rJt ~. ~~ } 1 T ;~ _'. dun ~~ ~~iC~S ~~ y -:~ .` t~ j 'i t t :t ~, 1 ~5 1 x S ,, i t} l L ~t C k ~, :t +, ;s ' `~;, f~ S ,~. :t , r~ a i i i 1 t i i, '~ } ~~ ~4. ATTACHMENT E PLANNING DEPARTMENT CONDITIONS OF APPROVAL GEI3HARD VILLAGE PUD. FILE OSOS1. C~IEC~ NUMDER DESCR~PTid~i OF CONDITION B{7X l of 5 This approval is contingent upon the final decision by the Central Point City Council to amend the Comprehensive Plan and zone designations far medium density development. 2 of 5 The applicant shall comply with all federal, state and local regulations, standards and requirements applicable to the project area. It is the responsibility of the applicant to provide the City with written proof that all of the affected agencies and departments are satisfied with the conditions of approval. These agencies include Jackson County Fire Dzstrict Na.3, Rogue Valley Sewer Services,lacksan County Roads, City Building and Public Works departments. 3 of 5 The applicant shall sign an agreement to participate in the traffic plan far the area prior to the City signing the final plat map. 4 of S A final plat application shall be filed within one year of the Planning Carimi~ssiandappraval ar the tentative plan approval shall became nu an voi . 5 of 5 A landscape plan far the Gammon open space and street planter strips shall be submitted prior to the City's review of the final development plan.. ~tCPCBSIICITY WII}ElF'LANNINCx~2(l05 LANJ~ USB FILES105061 GEBI-iARD V[LLAGBtfl5t16IC£}A.DOC 1~0~ r f ~4 ~:=~~- Bob Pierce, CJirecfor ::_~v= pil~?IIC OrkS ~eparftt7enf ~"'''~ Maff Samifore, Dev. Services Coord. _._._---_.._.~._..M__~ _____W~_~____.___~___ _`~~~T~L .____.__.._._.._..._._....__"F,~ ________,___.___....._._....~~._.... ~~ ~ ~ 1 ~F`r. ~~{°~t~ .,,_ ~~~~le ~a~r~s s~~~~.~~PaRT June 27, 2U~5 TO: Planning Department FROM: Public Works Department SUBJECT: Tentative Subdivision and Planned Unit Development for 37 2W C}2AA, Tax Lot 280 Gebhard Village PUD Applicant P.O. Box 5348 Central Point, OR 9~5{l2 Agent Farber & Sons, Inc. 431 Oak Street P.O. Box 5286 Central Point, OR 975C}2 Pr. operty Descri tp ,ion1 R-2 Pending} Zoning Purpr~se Provide information to the Planning Commission and Applicant {hereinafter referred to as "Developer"} regarding City Public Works Depai~ment (PWD} standards, rec}uirements, and conditions to be included in the design and development of the proposed. Gather information frozx~ the Developer/Engineer regarding the proposed development. A City of Central Point Public Works Department Staff Report is not intended to replace the City's Standards & Specifications. Staff Reports are written in coordination with the City's Standards c~ Specifications to form a useful guide. The City's Standards c4~ Specifications should be consulted for any information not contained in a Public Works Staff Report. ~'xisting Infrastructure 1. Streets: This section of Gebhard Road is improved to a paved width of 2l feet, Gebhard is 155 Soufh Second Sfreet ~n Cenfra! Point, C?R ~~`5a2 •541.6fi~.3321 ~~ Fax 541.564.838 IG~'' classified in the City's Transportation System Plan as a Collector Street, 2. Water: There is an existing twelve-inch water line at the intersection of Gebhard Road and Blue Grass Downs Drive, approximately 600 feet north of the subject site. 3. Storm. Drain: There is an existing forty-eight inch storm drain line at the intersection of Gebhard Road and Green Valley Way {Private Road}. Gebhard Village PUD TransTortativn Currently Gebhard Road is a country road that is paved to twenty-one feet in width. In the City of Central Point's Transportation System Plan Gebhard Road is classified as a Collector Street. When improved, Collector Streets are designed to handle up to 5,04{} vehicle trips a day or 544 P,M. Peak Hour Trips, per the Central Point Standard and Specif cations. The most recent traffic counts for Gebhard Road were conducted by J'aekson County in 2043. The total trips per day were 165. Since 2043, Blue Grass Downs Subdivision has been approved which has 91 residential units and Green Valley Estates and Hidden Grove PUD have been completed adding potential another 244 units that could use Gebhard Road for access, The proposed project entails the develapment of sixty three residential lots. Based an the Institute of Transpartation Engineers {ITE} Trip Generation Manual base figure of x.55 average trips per day per residence, the project would potentially create 641.65 average daily trips ar roughly 64 P.M. peak hour trips. The Public Works Department does not have standards that require Traffic Studies far new development. The City typically uses the Oregon Department of Transportation's {QDGT} Guide to Development Impact Analysis as a guideline for requiring traff c studies. Only developments of 150 or mare single family homes require a traffic study, thus excluding the proposed development. The City of Central Point recently completed the East Pine Corridor Traffic Study which studied E. Pine Street, Hamrick Road and a portion of Beebe Road, The improvements entail Gebhard Road being extended to the South and a future bridge over Bear Creek that would extend Beebe Road to the West. Additionally a new traffic signal at the intersection of Beebe Road and Gebhard Road maybe warranted in the future. The traffic analysis did recommend contemplate that both Gebhard and Beebe Road be widened to full collector status. The developer has also agreed to installation of a bicycle/pedestrian path along the North side of Beebe Road in collaboration with the developer of White Hawk Estates. This path will be installed when the development reaches build out of approximately 54°l° of the units. If the City andlor the development coirimunity have reached an agreement for the full improvement of Beebe Road prior to the half way build out, the developer will not be responsible far constructing the bieycleJpedestrian path. A draft Development Agreement is attached. 755 South Second Street ~ Central Poinf, {JR 97542 « 54~.584.~329 ~ Fax 547.664.6384 111J Cdttditiotts of Approval 1. Right-of way Dedication: The Developer shall dedicate twenty feet of frontage of Gebhard Road for widening of the road to Collector standards. 2. Gebhard Road Improvements: Developer will be responsible for constructing curb, gutter, and sidewalk and additional paving width to Gebhard Road for the subject property. A drawing submitted by CES NW for the White I-Iawk Estates PUD also applies to this development. The developer will be responsible for constructing the `inter'im' level. 3. Bass Lake Drive and Crescent Lake Drive right-of w~: The developer is proposing all public streets within the development. The proposed right-off way Bass Lake and Crescent Lake Drive is only fifty- two feet. The Public Works Director approved a street detail to the standards and specifications that accommodates Municipal Code Section 12.36.10{}.D regarding street trees (See Attached Detail}. The Public Works Department is requesting that the right-of--way be widened to fifty-five feet accommodate this standard. 4. 4t~en Space: The developer is proposing open space for the Planned Unit Development that is consistent with the City's Transit ©riented Development requirements for open space dedication. The open space areas will be approximately 95 feet by 155 feet or 14,'25 square feet per open space area. The Public Works Department is requesting that a 1-Iome dwners Association be formed to maintain the areas. If the Developer wishes to dedicate these areas to the City of Central Point the parks must he fully constructed with an irrigation system and an approved and installed landscape plan. Additionally, the developer shall maintain the areas for two years prior to the City taking over maintenance responsibility. 5. BicyclelPedestrian Path: A Bicycle/Pedestrian path shall be designed and installed with the developer of the White Hawk Estates PUD for Beebe Road from I-Iamrick Road to V~hite Hawk Estates along the North side of the street. The bicycle/pedestrian path shall be designed and installed when the development of the two properties is at 50°fo build-out. If the City and/or the development community has reached an agreement to fund. and construct Beebe Road to a standard Collector Street prior to the 54% build out this condition is void. C~. Grading Permit; The City of Central Point Building Department requires grading permits for 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 for landscape rows. The plan shall include construction plans, irrigation plans, details and specifications for the trees to be planted within the landscape rows. Plantings shah comply with Municipal Code Section 12.3b. Tree plantings shall have at least a 1 ila" trunk diameter at the time of installation. All street trees sha11 be irrigated with an automatic underground irrigation system. The current site plan does not indicate trees planted at 2fl-4Q feet on center. X55 Soufh Second Sfreef ~ Cenfral Paint, QR 97"5C?2 » 547.fi64.3321 ~ Fax 541.6fi4.6~84 11l Sta~tdard Specifications 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 Warks 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 Warks Department. Central Paint 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 awned ar maintained by the City of Central Paint include: Power APP&Z}, C~as (Avista}, Cazzzxzzunicatians {Qwest}, and Sanitazy Sewer (RVSS}. In warping 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. However, the Department is not obligated to assure a profitable development and will not sacrifice quality for the sole puzpase of reducing cast 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. Development Plans -Required Znforrnation 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 Warks Staff, In 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 profile far streets, water, storm drainage and sanitary sewers, stoz-z~z drainage calculations, storm drainage basin map, erasion control plan, utility and outside agency notifications and approvals. The plan may also include applicable traffic studies, legal descriptions and a traffic control plan. Public Works Permit A Public Warks 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 full at the time the Public Works Permit is issued, except Public tiVorks Inspection fees. After project completion during the final plat application process, the 155 Soufh Second Sfreef ffi Cenfral Pvinf, ©R 9T542 ~ 541.664.3321 ~ Fax 541.6fi4.6384 11~.. 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 far any uncompleted improvements has determined by the Public Works Director}. Gerhard Village PU17 -Playas 1. Three sets of plans at 95°lo complete stage are to be submitted for review by the Public Works Department. 2. Once approval is achieved the Developer shall submit four sets of plans to the Public Works Department for construction records and inspection. 3. The Developer's Engineer shall document changes to the approved drawings made in the field. A mylar and digital copy of the f nal "as•built" drawings will be required before the final plat application is processed. Gerhard Village P~1.U -- Prvteetion v, f .~'xisting Facilities The locations of existing facilities shall be shown on all applicable construction drawings for Public Works projects as follows: 1, 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. All 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. Gerhard Village PLI.p - Watea• Cvnnectian 155 Soufh Second Street ~ Cenfral Paint, (JFr' 97542 •549.664.3329 ;:x Fax 549.664.6354 11,3 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. All requirements of the Qregon State Plumbing Specialty Code and the Oregon State I~Iealth Department, as they pertain to Public Water Systems, shall be strictly adhered to. 2. The City of Central Point Public Works Standards & Specifications should be consulted for specific information regarding the design anal construction of water system related components. Gebhard Village P~1.1) _ Streets 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 DADA) or as adopted by the C?regon Department ofTransportation (ODflT), C?regon Bicycle and Pedestrian flan. 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, TQD, 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. Gebltard Village PL1Z? - S`t+~rni larain 1. It shall be the responsibility ofthe 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. 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 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 955 South Sec©rad ,Street ~ Central Poirot, fJR 97542 •549.fi64.3321 =~ Fax 549.664.6384 l1~ conformance with applicable provisions of {~regon DEQ, DSZ and t~DFW and United Mates COE and consistent with APWA Storm. Water Phase 11 requirements. ~. The City of Central Point Public Works Standards & Specifications should be consulted for specific information regarding the design and construction of storm drain related components, Gebhard YilXage P~7~ -Required Submittals 1, All design, construction plans and specifications, and "as-built" drawings shall be prepared to acceptable 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 Department of Fish and Wildlife (DFW}, Ctregon Department of Environmental Quality (DEQ}, Clregon Division of State Lands (DSL}, Oregon Department of Transportation ~tJl*tC}T} approval for storm drain connection and easement, landscape berms, U.S. Army Corps of Engineers (ACRE}, affected irrigation districts, Bear Creak Valley Sanitary Authority (RVSS}, and Jackson County Road and Park Services Department ~.IC Roads}, DSL and AC4E, as applicable (wetland mitigation}. 2. Fire District No. 3 must approve all streets and water improvement plans in writing prior to final review by City PWD. 3. During construction, any changes proposed shall be submitted in writing by the Developer's Engineer to the City Public Works Department for approval prior to installation. 955 South Second Street ~ Central Paint, QR 97542 «541.fifi4.3329 ~ Pax 549.664.&38d Il, ~~~~_ '~`~.~~ ~~ ~,~~~ ~- ~~~ 3 ~~ ~iuus ~~ ~~~ ~~ ~ ~'~~ ~` ~~ ~~ ~~.c~ ~ ~ .. __ .~,. .. . ,... ...___ _~.,. Y.~_.:. ~ ~~, ~~~ ~ ~~~ ~~ ~~ ~~ ~-~,~' o'a'r''' '~~` ~ ~"+~~~ ~~ ~ ~~"~' -~~-~-~-~'~- , c~yr~s t 't t t t t t~ t Gl~t...D~Nt.7 D~PARTi~~NT June 21, 2045 ~--. CENTRAL POINT (~ 4~ [.ois DeBenedetti, Building C?fficial BU1LflING DFPART1VtENT STAFF REP©RT T4: Planning Department Planning file no. 0506 - 05410 FRC?lVl: Building Department SUBJECT: Gebhard Village PUD- fi3 LOTS Gebhard Road APPLICANT: Name. Address City: State: uric Artner Construction Zip code: PRC}PPRTY DESCRIPTIf~N: Northeast Une carter of Sec#ion 2 T©wnshi 37 South Ran e 2 West Willamette Meridian Jackson Count Ore an 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 plain review. This report is preliminary and compiled solely for use by the Central Point Planning Commission. ~~_ 155 Sonth Second Street Central Point, QR 9'T5fl2 ° 541.664.3321 ,Fax 541.664.6384 l~~ ~3~fZ.aDING DEPAT~.TMENT STAFF REP(7RT B1J1~D1NG DEPARTMENT Ct31VkMENTS; 1, Applicant, agent and contractors must comply with all current State of Oregon adopted codes, and appky for all permits through the Central 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 private street lighting must be reviewed and permitted by the Central Point Electrical Department. 4. Provide the building department with a Geotechnical report as required by OSSG Appendix J and chapter ~ 8 and Chapter 4 of the ODSC, A written report of the investigation shall include, but need not be limited to, the following information: a. A plot plan showing the kocation of all test borings and/or eXCaVatlons. 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 soil strength, and the effects of adjacent loads. e. Vilhen 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 geatechnical recommendations. 5. Grading/ excavation permits are required in accordance with OSSC Appendix J and chapter 18 and ODSG 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. w~_ 15S South Second Street Central ~'oiz~t, C3R ~~502. 5~1.664.332~ ~ Fax 541.f~64.6384 ~~ ~U~LD~NG D~PARTM~NT STAFF REPC3RT 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 prior to final of the gradinglexeavation permit. Building permits will not be issued until gradinglexcavation permit is finalled. Exception: ~ . The upper ~ . 5 foot of fill placed outside of public rights-of- way. 2. The upper 1.5 foot of fil! 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 Development Permit as set forth in the Central Point Municipal Code 8.24,124. 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- 1.55 $outl~ Second Strut Central Point, ClR 97502 ~ 541.64.3321 ° Fax S~1.b64.638~ ~~~ d6~2~7/20d5 11:46 541666417271 P~~ ~~~G(f~~ ~~~tt June Z0, 2~0~ ~~~+~~ SENt~,~~~9 ~~~~ PAGE 01/d~ ROGUE~VALLEY SEWER SERVICES _- F~cation. 138 we5~ ~ ~1. Road, Ceaual Point - ~ta€~ag ~1c~ctr~ss: P.O. ~8cx 3],30, central ~'oiztt,t~R 97502-OOtIS ~} 6f~-63{x7+a~ {541} 779-4944 ~,AX {541} 66~t-7171 tivww.RVSS.us l~~ 6f~-6384 lien Gerschler City o£Centxa~ £'oixat.Plarming 15 S South Second Stet Central Poiz~.t, t}xegon ~'7~{32 Re: Geblraxd Valllage PUD~ l~'ile ~ Tear I~en, -tl5tllil The subject property is within the 12.VS ervice axea and the Storwater Qualzty bouxtdary managed by R VS. Sewer sertiriGa £oz the pxapt}sed d ve~optr~ent will requite a zz~airt line extensi~sn £rorn the e~zat~z~g sewer main at the izatersecticxn o£ Green alley Road and Gebhard road. This e~ztetzsiatxz~.. must be designed anal Gonstnzcted in accoxdance with RV standards. The e~istitxtg sewez` main. on the South y property 1%tle does not xrzeet P.VS standards and cannot be used to support additional developrner~t Th existing easerr~ent tray be abatadoz~ed i£the sewer main is intercepted to the East c~£the proposed eveioptx,.eztt. The new sewex znaixz will need to be ea developer should cooxdixxate the 3ewet woxk. ~togue Valley Sewer Services requests £ollavcrin~ conditions: to serge the proposed development to the South. The ......,coon with the adjacetat property oww:taaes to xsiir~irni7.e duplicate approval o£ Ole pz`opcssed development be subject to the 1, Tlxe saz~itaxy sewer system ust be designed and coz~s4t~cted zn acGOxdanGe with RVS standards and mast be acc red as a public system by RVS prior to £ittal plat appxova~. 2. The applicatzt must demo to compliance with. I.ZVS stogywater quality requirements £irit7r to final plat approval. I£you need additionaa infoxnaation, Sizlcerely, Carl Taplaert, P. . Distxict Ez~gi~,eer K:~ATAIAGENCIES call me at 664-6300. GIFUD~QSC}61-PUD GEBHA~.~ Vl~..I.~AGE.D(~C ~ac~CSVn ~„ount~ ire ~istr~c~ ~o. ~ ~...;'~ ~~hi~c ~i~~ ~}~..~?'~o3--taTS (54t) sz6~-~` t ao {voice) {~1#-t } szb-~-gbb Fax} June 20, 2Cl{~v Fire District #3 Comments: Per©ject # €i~5~G~ -- Q5~~Q ~ebhard Village Subdivision Planned deveiopment • Fire Hydrants shaft be located approximately 30o feet spacing and pre approved by the Fire District. Submit to scale plan with hydrant location. • What are the actual street widths? It appears with this plan these are easement widths. • Inside Radius must be R-28 to meet current Fire Code standards if the alleyways access garage components of the buildings. • Gebhard Road Heart Lane drive shall have an approved gate for emergency vehicle access. Lots 23 ~- 34 • The fire district shall approve no Parking, Fire Lane Signage and Curb Painting. Street width may need to be at least 28 -- 32 feet if any three-story buildings are proposed. Exception would be to install I~IFPA approved residential sprinkler systems in the required buildings. This can be evaluated on an individual basis of building groups. Mark Moran DFM 1~l PLANNING DEPARTMENT STAFF REPtJRT MEETING DATE: July 5, 2{}(}5 TC.~: Central Point Planning Commission FROM: Lisa Morgan, Planning Technician SI7BJECT: Public Hearing -Tentative Plan far a 5 lot subdivision known as Pear Tree Estates located at 3364 Snawy Butte Lane and is identified an the Jackson County Assessor's map as 37S 2W 1{}1~A, Tax Lot 63flC}. Applicant/tJwner: Stan Harris P.CJ. Box 5348 Central Point, Or. 9'502. A~tcnt: Same Saxnmary: The applicant has submitted a development proposal to subdivide ane existing parcel totaling .9? acres of land into 5 residential lots. Authority: CPMC 1.24.050 vests the Planning Commission with the authority to hold a public hearing and render a decision an any application far a Tentative Plan. I~Tatice of the Public Hearing was given in accordance with CPMC 1.24,060 (Attachment "A"}, A Iicable Law: CPMC 16.10.010 et seq. -Tentative Plans CPMC 17.20 et seq. -Residential Single Family Back~roundlDiscussion: The sub~eet parcel is located earth of Snawy Butte Meadows, Phase lI, The Planning Commission approved Snawy Butte Meadows, Phase 11, a Punned Unit Development in April, 2005. Part of this approval afforded the developer of Snawy Butte Meadows to make partial road improvements far Rita 'Way, with the understanding that when the property to the north subject property) develops they would be responsible far widening Rita Way to a fatal af29' with curbs and sidewalk bringing; the street to City standards. The applicant is requesting that the Planning Commission approve a tentative plan to subdivide ane parcel into 5 individual fats ranging in size tram 6,000 to 13,122 square feet (refer to Attachment "B"). This application is far a standard subdivision, eat a Planned C.Init Development. However, to accommodate minimum lot size requirements the applicant is G.tP]anning~2005 Land C)se F]les1~5064 Pear Tree Escatesl05064 (I }.floc 1~.,~,. requesting to put sidewalks within the dedicated easement area, rather than the right of way, thus minimizing the required right-of way. The proposed curia-to-curly street section will meet minimum city standards. The Public Works Department is in agreement with this request as outlined in Attachment "C". Under section 16. l Q.f}g0 "the City, in its discretiota, naay modify such standards and determine site-specie design, engineering and construction speci~catit~n when appropriate in the particular development ". Staff recommends that this deviation be approved to provide overall consistency with the development to the south and the completion of Rita Way. if approval is granted, the setbacks would be measured from the back of the sidewalk rather than property line for Lots 1 & 2. All other requirements of Chapter 16 .... Subdivisions have been met. It should also be noted that Lot 2 measures G,12t} square feet on the Tentative Plan {Exhibit "B" Public Works is requiring John Wayne Drive north of Rita Way to be widened to 24'. This Public Works requirement will further reduce Lot 2 from the required minimum of 7,Ofl{1 sq. ft. to 6,{}{}El square feet, The applicant will have to snake some adjustments to Lot 2 to meet the minimum square footage requirement for a corner lot. Lot 1 has approximately a 4Q' rear yard set back as currently proposed, and is approximately 13,122 square feet. Rear yard setbacks are 1 S'. This leaves plenty of room to adjust the proposed lot line between Lots 1 & 2. All other requirements of Chapter 16 -Subdivisions have been met. There is an existing home on Lot 1 with a well and outbuilding. The applicant intends on keeping this house. The house takes access to the garage from Snowy Butte Road and will continue to do so. After speaking with the applicant, they are going to leave the well for possible irrigation use in the future. The applicant will need to notify the City what they intend to do with the existing well. Lot 1 will continue to take access from Snowy Butte Road, Lot 2 would take access from Rita Way. Lots 3, 4 and 5 would take access from John Wayne Drive. Lots 3 and 4 will have a shared driveway. The Public Works and Building Departments have submitted recommended conditions of approval {Attachments "C" and "D") for consideration by the Commission. Rogue Valley Sewer Services, Jackson County Fire District # 3 have submitted comments. {Attachments ~£E" and "F"~. The Rogue River Valley irrigation District has submitted comments. {Attachment "G"} G:1C'ianning120o5 Land Use Piteslo5o64 Pcar Tree Estates\OSOf~4 (1}.doc 1~.~ Findings of Fact artd Canclirsions of Law The following findings of fact and canclusians of law are applicable to the praject and necessary far its approval. Tentative Plat CPN1C 16.14,111 ~ requires that applications far tentative plans be submitted with irttprovetrrefzt plans and other supplementary inforrtaati©n as maybe needed to indicate the developirrent plan. / The Planning, Building and Public Works Departments including effected. outside agencies have reviewed the tentative plan for the proposed subdivisian and the findings of fact and determined that the praject meets ar can meet all City standards and requirements subject to the recommended conditions in Attachments "C" - `<gg~ R-1-6, Residential Sifc„~le Family Zonin„g~ District C1'MC 17.211, 4Z4 -Permitted Uses - ~ This proposal for a subdivision is an outright permitted use in this zoning district. CFMC 1 T 24.454 Area, YYidth and Yard Requirements - ~ With the exception of Lot 2, all other lots meet the requirements under this section. The applicant will have to make same modifications between Lot 1 and Lot 2 to increase square footage for Lot ~ to '],0{}0 square feet {minimum carnet lot square footage} prior to fznal plat appravai. With the dimensions of Lot 1, there should be na reason far this requirement not to be met. Recoinnaendatitzn: Staff recommends that the Planning Commission take the fallowing action: 1. Adopt Resolution Na., approving the tentative subdivision subject to the recommended canditians of approval; ar 2. Deny the tentative subdivisian; or 3. Continue the review afthe tentative subdivisian at the discretion of the Commission. C3:\I'lanningt2{}OS Land Use Files1d50fi4 Pear Tree Estates~O50~i4 {1).doc 17..q Attachments: A. Notice of Public Nearing B. Copy of Tentative Plat C. Public works staff Report D. Building Department Staff Report E. .TC Fire District # 3 Comments F. Rogue Valley Sewer Services Comments G. Rogue Valley Irrigation Comments H. Planning Department Conditions of Approval G:1Planningl2gOS Lane] Use Pilesi05g64 Pear Tree Estates1g5g64 (t ).doc /ZS :. pity ~#' ~r~~r~al ~'c~ir~~ `,~' C;`EhJT`~~A~- pLAN~vc~~ ~EPARr~r~rvr ~~ ~ ~~ Tom Humphrey, AiCF Community Development Director Ken Gerschler Community Planner Dave Alvord Community Planner Lisa Morgan Punning Technician Notice of Public Hearing Date of No#ice: June 95, 2005 Mee#ing Da#e: July 5, 2005 Time. 7:04 p.m. {Approximate} Place: Gentrai Point City Nali 155 S. Second Street General Paint, Oregon NATURE flF MEETING Beginning at the above time and place, the Central Point Planning Commission will review a Tentative Plan application for the purpose of creating five parcels. The subject parcel is located in an R-1-6, Residential Single Family zone and is identified on the Jackson County Assessors map as 37S 2W 10~A, Tax bat 63fl0. The property is located south of Timothy Street, north of Beall bane, and east of Snowy Butte Lane. Pursuant to flRS 197.753 {3} {e}, failure to raise an issue during this hearing, in person or in writing, with sufficient specificity fa afford the decision-makers and the parties an opportunity to respond to the issue will preclude an appeal based on that issue. NOTICE TO M{7RTGAGEE, C.IENNE.)LDER, VENDt7R +(JR SELLER: QRS CHAPTER 295 REGtUIRES THAT IF YOU RECEIVE THIS NOTICE IT MUST BE RPOMPTbY FORWARDED TO THE PURCHASER. This notice is being mailed to property owners within a 200 foot radius of subject property. CRITERIA FOR DECIS[ON The requirements far a Tentative Plan application review are set forth in Chapters 16 & 17 of the Central Paint Municipal Code, relating fo General Information and conditions of the project approval. 12(0 $'IJC3L,!'1.,r I.rLJlYI3YiG1'! t ~ 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, July 5, 2805. 2. Written comments may be sent in advance of the meeting to central Point City Nall, 155 South Second Street, Central Point, Or, 97502. 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 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 City Nall, 155 South Second Street, Central Point, Oregon. The City File Number is: 05004. Copies of the same are available at 15 cents per page. 5. For additional information, the public may contact the Planning Department at {541 } SE~4w3~21 ext 202. SllMMARY 4F PR4CECIURE At the meeting, the Planning Commission will review the application and technical staff reports. The Commission, will hear testimony from the applicant, proponents, opponents, and hear arguments on the application. Any testimony or written comments must be related #o the criteria set forth above. At the conclusion of the review the Planning Commission may approve or deny the Tentative Plan application as submitted. City regulations provide that the Central Point City Council be informed about all Planning Commission decisions. I,~?' ~~ ~,,,,~,,......~'•" ~ err ~,~.,,,.,....-- z ~ ~~ ~e~,tatire ~ the 5.:~ ~ai~t dao~5on ...._,.---- t77'~IY ~ ~ ~~ R~ t ~, ..,,, „~, .~• HINll2A6,S7!' %' tiXti~ S~ i04 in ~. .. YI'~» ~~ M . WTp IiC1fX` Y iz . SS ~^y,yiro z . wzu wac. x { .t~s~:.~o' g U ar ~ ~ ~ * u„t~ s s +. ~~ .. t+n~ ~" =~cttFy as +wmx~ "'3"~ ,,~ „gym 'ar , ~ ~ ti .o a+waa rr ~. r++'t (rw'i'1<.N l _ w E 4 !J 'i - 1 s W 1 „;;gin ~~ ~ Na1SE t ~ ~`` i0pn j 3 ~~~5 ~~~ «~ ~~ t ~~ +rh 1~ ~ x~~% 'J r~ ~~ ~~~ ~ ~~~~M. prv #- ~t E ~ ~ j .ST .»'S"... x tl~2~"~~~ ~ £ pyPf 6'PMt~ x •----''" .,,„~--~§( ~ ~, ° wp'ywYacr ~aM"'"' j 4~ - _ " ~ ~,~ ~ va+~+ ~ tax s ~~,., ,"; +:>a n ~ - zar.s' j 3 j 3 M~.w i ~ ( i ! 4`7 W 1 ~ ([ ~ ~~ ~ 1 Mi ~ ~~q~yt Kxf 1 i ~ ~~ ~-` V ,,, °K ar 4 ~.- ~wr~ )~t..~°~e. ~ iY i ..~---^^^-`- ...w._.1 !»~~~ t ~.nceuexs re '•' ' ~1 ul x:v~au~ f'° y-.--• ~q ~,~,,......--i•1^^ ~~ ~ iax o r ':::s +„h^~d+"".+'.. t t ~3 tOt ~ ~ iif, 5 i F ~ .J 47 "~ itGt a i f H~U',~'~t i ~1~ } -" ~ `._ mil i 1~~ ~_ t -us1~ t 1 :. ca ~ ~ Public Works Deparfinenf CiL~? o': ~~~T~~ P~ ~ ~T ~~~3ob Pierce, Drrecfar Maff Samitore, rev. Services Goord. PUBLIC` YJ~4R.K~S 5'T.~FF I'EPC7RT June 2'7, 2005 T4: Planning Department FR41vi: Public Vlorks Department SUBJECT: Tentative Subdivision for 37 ZW IODA, Tax Lot 63{10 Pear Tree Estates Apt~licant Stan Harris P.4. Box 5348 Central Point, {~R 97502 Prot~e~ Description/ R-I-6 Zoning .Purpose Provide information to the Planning Commission and Applicant {hereinafter referred to as "Developer") regarding City Public Works Department {PWD) standards, requirements, and conditions to be included in the design and development of the proposed. Gather information. from the Developer/Engineer regarding the proposed development. A City of Central Point Public Works Department Staff Report is not intended to replace the Guy's Standards & Specifications. Staff Reports are written in coordination with the City's Standards & Specifications to farm a useful guide. The City's Standards & Specifications should be consulted for any information not contained in a Public Works Staff Report. Existing 1"nft'astructure 1. Streets: This section of Snowy Butte Lane is improved to a paved width of l8 feet. The applicant is proposing paving the northerly half of Rita Way an additional seven and a half feet in order to provide two ten feet travel lanes and part€ing on one side. Rita tiVay vas recently approved as part of the Snowy Butte Meadows Phase 2 PUD request. As was approved in the Snowy Butte Lane PUD request the sidewalks and water rrieters will be within easements. ~ 55 Soufh Sec©nd Sfreef ~ Cerrtrai Poinf, C?R 9 ~5t~2 •541.664.3321 => Fax 549. fiB4. X384 ~ ~~ Z. Water: There is an existing eight inch water line in Snowy Butte Lane. There will also e an eight inch water line in Rita Way. 3, Storm Drain: The design for Rita Way has been preliminarily reviewed by the Public Works Department. The Storm Drain system is designed for storm water reten#ion within pipes in Rita Way. The storm drain system is designed to handle the storm water for the Pear Tree Estates Subdivision. Pear Tree Estates Traffic Currently Snowy Butte Lane is a local access road that has been maintained by the homeowners. The City of Central Point has initiated the process for a Local Improvement District (LID} for widening and paving Snowy Butte Lane to a standard city street. The City Council will be hearing the request at their July 14, ZOOS meeting. Local streets are designed to handle up to 3(}40 vehicle trips a clay or 3OO P.M. Peak Hour Trips, per the Central Point Standard and Specifications. The proposed project entails the development of five residential lots. Based on the Institute of Transportation Engineers SITE} Trip Generation Manual base figure of 9.55 average trips per day per residence, the project would potentially create 47,'75 average daily trips or roughly 5 P.M, peak hour trips. With the proposed development there will 48 units that will have direct access onto this section of Snowy Butte Lane, with a potential impact of 458 vehicle trips a day or 46 F.M, Peak I-Iour Trips. The Public Works Department does not have standards that require Traffic Studies for new development. The City typically uses the 4DflT's Guide to Development Impact Analysis as a guideline for requiring traffic studies. Only developments of I5O or more single family homes require a traffic study, thus excluding the proposed development. 5peciat Requrrer~tents 1. Right-o£ way Dedication: The Developer shall dedicate seven feet of frontage along Snowy Butte Lane for widening ofthe street to City Standards. Z. Easements: Several Easements are needed for this development. A. The developer shall dedicate and ten feet wide Public Utility Easement {PUE} along the property bordering Snowy Butte Lane, Lot 1 will be served by sidewalks and water meter that will exist in the Snowy Butte Lane right-of--way. Lot I will not need a PUE or a water easement along its sideyard abutting Rita Way. Lot 1 will need a five foot sidewalk easement abutting Rita Way. 155 South Second Streef ~ Central Point, (JR 9752 •549.6fi4.3321 :~ Fax 541.fifi4.6384 130' B. The Developer shall dedicate a sixteen and a half foot wide PUE for lots 2 thru 4. The easements are for a five feet sidewalk easement, a two and a half feet wide water easement and a 1{l feet wide public utility easement. Lot I will be served by sidewalks and water meter that will exist in the Snowy Butte Lane right~of way. C. The easements including sidewalks will need to extend into Lots 3 and 4 in order to provide adequate water service, connectivity and utilities. 3. Snowy Butte Lane Improvements: l=}eveloper will be responsible for constructing Gurb, gutter, and sidewalk and additional paving width to Snowy Butte Lane for the subject properties. Coordination of these improvements will be discussed with Public Works Staff once GonstruGtion drawings are approved for this development. No Deferred Improvement Agreements are allowed for this section of Snowy Butte Lane. If a Local Improvement District is approved this requirement will be void. 4. John Wad Drive Improvements: The applicant is requesting a public drive which will be only twenty-one feet wide. The Public Works Director has stated that the minimum public street shall be twenty-four feet wide, with no parking on either side. The applicant will need to amend their tentative plat. 5. Remonstrance Agreement- Prior to issuance of a Final Plat far this subdivision the applicant shall sign a remonstrance agreement with the City of Central Point agreeing to not oppose -the formation of a Local Improvement District for the widening and paving of Snowy Butte Lane. This agreement shall be transferred to all of the lots within the Pear Tree Estates Subdivision. 6. Cracling Permit: The City of Central Point Building Department requires grading permits for all new subdivisions. Developer will need to provide a valid grading plan as part of GonstruGtion documents and receive a permit from the building d epartment prior to GonstruGtion. 7. Rogue River Valley Irrigation -The design of the improved Snowy Butte Lane does not include irrigation from the Rogue River Valley Irrigation District (RRVID). Public Works is requesting that the developer `buy-out' of the District and give up their irrigation rights. If the developer chooses to keep these irrigation rights they will be responsible for building the system to serve their facility. 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 for landscape rows. The plan shall include 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 I 'l~" trunk diameter at the time of installation. All street trees shall be irrigated with an automatic underground irrigation system. The current site plan does not indicate trees planted at 20-40 feet on center. 155 Soufh Second Sfreef ~ Cenfral Paint, RJR 975Q2 •541.664.3321 ~ Fax 541.664.6384 I r'~ / Standard Specifications acid Goals The Central Point Public Works Department is charged with management of the City's infrastructure, including streets, waterworks, and stone 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}. 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 developer to achieve the best outcome. However, the Department is not obligated to assure a profitable development and will not sacrifzce duality 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. .Z)evelvpinent Plans --Required Information 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 In 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 comrents 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 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 traffic studies, legal descriptions and a traffic control plan. Public lY©r~ks Fern~it 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 public works permit. All fees are required to be paid in full at the time the Public Works Permit is issued, except Public Works Inspection fees. Aster project completion during the final plat application process, the Public Works lnspeetor will calculate the appropriate amount of inspection time to assess the developer. 15~ Soufh Second Sfreet ~ Cenfral Point, 4R 975012 + 54~f.66~.3321 m Fax 549.664.6384 ~~~ Before the final plat application is processed the developer must pay the relevant inspections fees and bend for any uncompleted improvements {as determined by the Public Warps Director}. Pear Tree Estates - PCans 1. Three sets of plans at 95% complete stage are to be submitted for review by the Public Works Department. 2. Once approval is achieved the Developer shall submit four sets of plans to the Public Works Department for construction records and inspection. 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 final plat application is processed. Pear Tree Estates -Protection ca„ f .~xistirig P'acitities The locations of existing facilities snail be shown on all applicable construction drawings for Public Works projects as follows: 1, 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. All 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. Pear Tree.Estates -- T3~ater eanneetran 1. Water system designs shall consider the existing water system, master plans, neighborhood plans and 755 South Second Street ~ Central Point, OR 97502 •549,664.3329 ~ Fax 549.664.6384 ~~~ 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. All requirements of the Oregon State Plumbing Specialty Code and the Oregon State Health Department, as they pertain to 1?ublic Water Systet~ns, shall be strictly adhered to. 2. The City of Central Point Public Works Standards & Specifications should be consulted for specif c information regarding the design and construction of water system related components. Fear Tree Estates -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 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 (QDC~T}, 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 fully developed. Technical analysis shall take into consideration, transportation elements of the Comprehensive Plan, T(7D, neighborhood plans, approved tentative plans as well as existing commercial and residential developments. Alt street designs shall be coordinated with the design of other new or existing infrastructure. Fear Tree Estates --- Starnt Urairt 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. 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 skull also be required to provide all hydrology and hydraulic computations to the Public Works Department that are necessary to substantiate the stone sewer design. The storm water sewer system design shall be in conformance with applicable provisions of C}regon DEQ, DSL and ODFW and CTnited States CC)E and X55 Soufh Second Sfreef ~ Cents! Poinf, 4R 9~`~Q~ r 541.fi64.3329 ~ Fax 54'1.664.6384 13~' consistent with APWA Stoz~zn Water Phase 11 requirements. 2. The City of Central Point Public Works Standards & Specifications should be consulted for specific info:t-rnation regarding the design and construction of storm drain related components. Pesxr Tree Estates --Required Subfttittals All design, construction plans and specifications, and "as-built" drawings shall be prepared to acceptable professional standards as applicable, the Developer shall provide copies of any permits, variances, approvals and conditions as maybe required by other agencies, including, but not limited to Oregon Department of Fish and Wildlife {DFW}, Oregon Department of Environmental Quality {DEQ}, Oregon Division of State Lands {I~SL}, Oregon Department of Transportatiozz {QDOT} approval for storm drain connection and easement, landscape berms, U.S. Army Corps of Engineers {ACOE}, affected irrigation districts, Bear Creak Valley Sanitary Authority {RVSS}, and .lackson County Road and Park Services Department {,1C Roads}, DSL and ACOE, as applicable {wetland ixzitigation}. 2. Fire District I~1o. 3 must approve all streets and water improvement plans in writing prior to final review by City PWD. 3. During construction, any changes proposed shall be submitted in writing by the Developer's Engineer to the City Public Works Department for approval prior to installation. 955 Soufh ~ecorad Sfreef ~ Central Poirrf, 4R 975{?2 * 549.664.3321 ~ Fax 549.664.6384 ~~~ Attadur~t~' ~D~ B~TILDING D~PART~~ENT STArF ~PQR.T APPLICANT: Name: STAN HARRIS Location: 3364 Snowx Butte Lane City: CENTRAL POINT State: OR_ Zip code; g OWNER: Name: SAME PRO.IECT DESCRIPTION: Planning file no. 05Ct64 -Pear Tree Estates 5 lot subdivision BUILDING DEPARTMENT COMMENTS: 1. Applicant, agent and contractors must comply with all current State of Oregon adopted codes. 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 Point Electrical Department. 4. Provide the building department with a Geotechnical report as required by OSSC Appendix J and chapter 18 and Chapter 4 of the ODSC. 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. 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 soil strength, and the effects of adjacent loads, 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. 6. Grading! excavation permits are required in accordance with OSSC Appendix J and chapter ~ 8 and ODSC 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 practice. _~_ 1~~ CITY OF CENTRAL Pf~INT I3IJILDI~I~TG DEPARTNIIINT START ~TP4RT Pear Tree Estates Subdivision 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 Offiicial shall be submitted prior to final of the gradinglexcavation permit. Building permits will not be Issued until grading/excavation permit is finalled. Exception: 1. The upper 'l . 5 foot of fill placed outside of public rights-of-way. 2. The upper ~.~ foot of fill that does not underlie buildings, structures, or vehicular access ways or parking areas, ~. To move or demolish any existing structures located an 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 Development Permit as set forth in the Central Point Municipal Code 8.24.120, This is not a plan review. This report is preliminary and compiled solely for use by the Central Point Planning Department far use in preparing the Planning Department staff report ans shall be included as conditions of approval. Planning Commission meeting is scheduled for Tuesday July 5, 2(}05. Central Point Building De,~artrnent By: Lo'ss~D~B~~edetti _~_ Dated: June 3, 200. ~~~ June ~, 2a(l5 Ken Gersehler Planner ,~ac~CSOn .oun'~c~ ire ~i~trict ~o. ~ ~ 3 3 3 ~~4~a~e ~cza~ ##~5Q64 Pear Tree Estates 33~-4 Snowy Butte ~n Where is the Fire Hydrant assembly located? Mark Moran DFM !3~ ~~~~~~ s~w~~, .t. Tune 6, 2045 ~+~~u~~ Ivocatiozz: k38 West \ Tc3, den Cxerschler City of GentraX koirtt 1'lan~n~ 155 Sa~th Second. Street Central Poinfi, ©regon 97542 die: p~a~'~.'ree Estates Sabdivis beat` l~ez~, The subject property is within the managed by R,VS. ~~'`F~ rra~~~~ s~r~rE~r s~~v~c~~ R~1~, C'rxztz'a1 ~txit~t - ~a~11.ug ~1.dacess: PO. >3ox 3134, CenEtral ~'oint,C3R 97542-4445 1} fi{s4~-63IX} c>r 4541} 779-~1Q4 SAX (541) 66A-71.71 wvrw,l~VSS.t~s F.A. 6{4-~~84 File #05064 sezvi,ce area and the Stormwater Quality boundary The existing house is served by a ca ection to the 8 inch main lime on Snowy Butte Lane. The pxopased subdivision will not affect 's sez~vice. The reznaiz~.ing lots will require a main line extension on Rita Way and ~obu W e Drive for sewer service. This should be done in conjunction with the adjoining Sl~a Butte 1Vleadows, Phase 2 development. 12VS requests that approval of the 1., .A.pplicant must design and R.VS standards. 2. Applicant must comply t~ri1 of construction. Feel. free to ca]~ n~.e if you have ax~y S,in~cere~ly, Caxl. Tappert, P.E, Disbrict l~n~.zaeer K.:IDA'TAIA develop lent be conditioned upon the fallowing: the sewer nzaitl line ~xt~nsion in accordance with iorz az~d sediment contxol regulations in effect at the time regarding this project. 5C}64~~'EAR TREE.Ut~C /39 ,~,Etachment `H' ATTACHMENT `H' PLANNING DEPARTMENT CONDITIONS OF APPRUVAL Pear Tree Estates Fite No. 05064 CHECK BOX ~VIBER DESCRIPTION OF CONDITION ~ The applicant shall comply with ail requirements of affected public agencies and utilities as they pertain to file development. ~ The applicant shall comply with all federal, state and local regulations, standards ar~d requirements applicable to the development. 3 Jackson County Fire District # 3 Conditions shall be met. ~ Rogue "~Taliey Sewer Services Conditions shall be met. S Public Works Department Conditions shah be met. 6 Building Department Conditions shah be met. '] RRVID requirements shah be met. 8 Cn the final plat the applicant shall make modifications between Lot l & Lot 2 to increase the square footage of Lot 2 to a minimum of 7,Of}0 sq. ft.. 9 Setbacks for Lots l 8~ 2 shall be measured from back of sidewalk on Rita Way, rather than property line. ~~~ Plmuiing Convnissia~ Minutes June 21, 2005 Page 4 B. Public hearing to review an application for a minor partition known as the Creekside Partition. The subject property is located north of Beall Lane and east of Elk Creek in an R-2, Residential Two Family zoning district. The property is identified on the Jackson County Assessor's map as 37 2W i1DD, Tax Lot i68oi. Commissioner Mangold made a site visit. Ken Gerschler, Community Planner presented the Planning Department staff report. Mr. Gerschler explained ho~v it didn't meet the code as it is today with creating a flag lot, and recommended that this item be continued. Matt Samitore, Development Services Coordinator explained that the applicant has a couple of options as follows: they could do a zoning variance; could dedicate the easement as an alley which Public Works wouldn't be in favor of; and could do a lot line adjustment that brings the access up to the minimum width with the City maintaining it. There are ways we can solve this. Larry Kellum, applicant stated he was confused. These will be single family homes, he had worked with staff to come up with this plan and he received letter from the city stated that the meeting was for the 5~h of July, not June 21. Don Mallory, resident of Circle Wood said that there are large ponds and would like to see everyone go back and give serious consideration to the impacts on both sides. The property is sensitive to wildlife and would like more research done. Patty Ziggler, resident on Beall Lane has concerns with the 20' wide easement. She has spoke with the previous owner and they specifically left the easement at that width to prevent property from being further developed. Damian Bugg, resident on Beall Lane wants a guarantee on what will be built on the property, where it's going to be and feels like this application is a back door deal which isn't right. He stated that the applicant was not up front with anyone and was even threatened by a real estate agent. Larry Kellum stated that he was not aware of agent contacting Mr. Bugg. Mr. Kellum said that single family homes will exceed the minimum setbacks for the zone. Chairperson Moczygemba said that this item would be re-noticed to the property owners to include the request for a variance from the minimum access width. This item would be continued to a special 2°~ meeting in July if one is scheduled or the August 2, 2005 meeting. Planning Commission Minutes June 2/. 2005 Page 5 Commissioner Mangold made a motion to continue the application for the Creekside Partition to the next scheduled meeting. Commissioner Idiart seconded the motion ROLL CALL: Idiart, yes; Mangold, yes; Riggs, yes. Motion passed. C. Public meeting to review a Site Plan application for the purpose of constructing a professional office cornplex in the C-4, Tourist and Office Professional zoning district. The properties addresses are 3o Freeman Court and io92 E. Pine Street. Commissioner Mangold has made a site visit. Commissioner Idiart knows the applicant and feels he can make an unbiased decision. Lisa Morgan, Planning Technician presented the Planning Department staff report, and went through the conditions of approval. Mr. Tahran, architect for the applicant felt this would be a nice addition to a prominent location. With three sides of street frontages to consider, this plan calms down that whole corner which is located across from the City's gateway sign. Mr. Duncan, applicant, asked if there were sidewalks to Pine Street since that is such a dangerous corner for pedestrian traffic. They use cut off luminary lights next to residential and he has no objections to providing street lighting in their parking lot for safety. No one else come forward in favor of or against the application. Chairperson Moczygemba closed the public portion of the meeting. Commissioner Mangold made a motion to adopt Resolution 656 approving a Site Plan application for a professional office complex based on the standards, findings, conclusions and recommendations stated in the staff reports, Commissioner Riggs seconded the motion. ROLL CALL: Idiart, yes; Mangold, yes; Riggs, yes. Motion passed. D. Continued public hearing to consider approval for a Zoning Variance application for the purpose of removing the existing home and constructing a new home. The subject property is located at 482 Freeman Road in an R-i-6, Residential Single Family zoning district. Plarming Cmnmissioa Alinutes June 21, 2005 Prrge 6 Commissioner Mangold made a site visit. Ken Gerschler, Community Planner gave background information regarding the Freeman Road right of way and then presented the Planning Department staff report. Matt Samitore, Development Services Coordinator, statedthat additional R-O-W would not be required. Mr. Samitore referred to Special Requirement # z under the Public Works staff report which explains the applicant's responsibility for sidewalks. He said that there is not an issue with a sight distance triangle either. Larry & Georgiana Dodd, applicants said that this will be an Adair built home and they should begin the process within 3 months. Chairperson Moczygemba closed the public portion of the meeting. Commissioner Mangold made a motion to adopt Resolution 657 approving a Zoning Variance application for 482 Freeman Road, based on the standards, findings, conclusions and recommendations stated in the staff reports, Commissioner Riggs seconded the motion. ROLL CALL: Idiart, yes; Mangold, yes; Riggs, yes. Motion passed. VII. MISCELLANEOUS Tom Humphrey, Community Development Director complimented Chairperson Moczygemba on how she conducts the Planning Commission meetings. Mr. Humphrey announced that he have a contract with Don Burt to act as Planning Manager. Mr. Surt was part of the Medford Urban Renewal Department and is updating Central Point's Transportation System Plan. Our plan needs to be changed for consistency and will include the recent East Pine Street Corridor Study as well as the Highway 99 Corridor Study. Mr. Humphrey stated that the Council will have the rst reading of Ordinances for the Duncan & Artner zone changes that the Planning Commission recommended for approval. The Dobrot Way minor partition the Planning Commission approved has been appealed to the Council. There is a Study Session scheduled with the Council members regarding Planned Unit Developments and Regional Problem Solving for July t8~, 2005. Planning Conunisaiar Minutes June 2/, 2005 Page 7 VIII. ADJOURNMENT Commissioner Idiart made a motion to adjourn the meeting. Commissioner Mangold seconded the motion. ROLL CALL: Motion passed unanimously. Meeting was adjourned at io:oo P.M. White Hawk Estates PUD & Tentative Plan PLANNING DEPARTMENT STAFF REPORT MEETING DATE: July 5, 2005 TO: Central Point Planning Commission FROM: Ken Gerschler, Community Planner SUBJECT: Public Hearing - To consider a Preliminary Development Plan and tentative subdivision for the White Hawk PUD. The subject property is located north and east of the intersection of Beebe Road and Gebhard Road in area with a pending R-1-6 zoning district designation (372W02 Tax Lots 2700 and 2701). Applicant: Duncan Development 25 South Front Street Central Point, OR 97502 Owner: Albert and Susan McMurray 718 Beebe Road Central Point, OR 97502 eut: CESNW Tony Weller 15573 SW Bangy Road, Suite 300 Lake Oswego, OR 97035 Summary: The applicant has submitted a preliminary development plan to create a PUD and subdivide two existing tax lots into 91 detached single-family residential lots on 20.14 acres. An additional tract has been designated as open space. Based on Section 17.68.100 the maximum lot yield would be 121 dwelling units. The project's design includes a common area open space for residents of the project. Evaluation of this PUD is based on the Beebe/Gebhard Road Master Plan. 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 Preliminary Development Plan and Tentative Subdivision. Notice of the Public Hearing was given in accordance with CPMC 1.24.060 (Attachment A). Applicable Law: CPMC 16.10.010 et seq. -Tentative Plans CPMC 17.20.010 et seq. - R-1, Residential Single-Family District CPMC 17.68.010 et seq. -Planned Unit Development (PUD) E:\Central Point\White Hawk.doc I Discussion: The applicant, Duncan Development is requesting that the Planning Commission approve a preliminary development plan and tentative subdivision plan for a Planned Unit Development named White Hawk. The basis of the PUD application is the Beebe/Gebhard Road Master Plan (Master Plan). The engineering firm CES/NW has been working with the City in preparing the Master Plan, the intent of which is to address issues of neighborhood circulation and land use preferences for the area covered by the Master Plan, which includes the White Hawk P.U.D. City Council has recently annexed the property and approved a zone change from R-L, Residential Low-Density to R-1-6, Residential Single Family designation based upon the Master Plan as it applies to the project site. Project Overview: The project site contains 20.14 acres and is bound on the east and south by existing, or planned, detached single-family homes (R-1-8 and R-L). To the north there is the proposed Gebhard Village PUD, and to the west is Gebhard Road and the urban growth boundary. White Hawk proposes 91 detached single-family, one and two story homes of various sizes. Lots 1 through 49 have been designed as traditional detached single-family subdivision lots while lots 50 through 91 are proposed as "neo-traditional" detached single-family houses with alley loaded garages. No accessory dwelling units have been proposed. An additional 27,930 square foot tract has been set aside for park/open space with a pedestrian access to the neighborhood and eventually to other points like the Bear Creek Greenway and local commercial activities. The applicant has not submitted landscape plans for the open space. Access to the development will occur through the creation of five new public streets, two of which will intersect with Gebhard Road or Beebe Road. The proposed public streets will be 55-feet wide, with a 35-foot curb-to-curb section, and afive-foot sidewalk and five-foot landscape strip. The sidewalk and landscape strip will be located on both sides of the streets. The remaining streets will serve the interior of the development along with three 24-foot wide alleys that are proposed to accommodate alley-loaded garages. The overall circulation plan is consistent with the Master Plan. The proposed project entails the development of 91 residential lots. Based on the Institute of Transportation Engineers (ITE) Trip generation Manual base figure of 9.55 average trips per day per residence, the project would potentially create 869 average daily trips or roughly 87 P.M. peak hour trips. The City of Central Point recently completed the East Pine Street Corridor Traffic Study (Study); which studied East Pine Street, Hamrick Road and a portion of Beebe Road. The Study proposed the extension of Gebhard Road south to East Pine Street and a future bridge over Bear Creek that would extend Beebe Road to the West. Additionally a new traffic signal at the intersection of Beebe Road and Gebhard Road may be warranted in the future. The traffic analysis was based on both Gebhard and Beebe Roads are widened to full collector status. E:\Centrat Point\White Hawk.doc The applicant has provided typical building footprints on Attachment " B "that correspond with the building elevations and statistics in Attachment " F ". As shown in the preceding table, this application proposes a reduction from the standard setback requirements dependent upon the type ofsingle-family dwelling and its location. While most of the setbacks are similar to TOD style development, the applicant proposes that the alley-loaded garages be setback three-foot setback Planned Unit Development/Zoning: Plamred Unit Developments are designed to offer flexibility in lot dimensions, minimum sizes, setbacks and public works standards when there is some unique or unusual quality present on the land. While there are no particularly unique conditions present on the subject property, the applicant would use the flexibility of a PUD rather than conventional subdivision standards. The applicant proposes that via the PUD TOD style development standards would be used. Implementing the TOD components could be considered complementary to the intent of the City's development goals since CPMC 17.68.010 states that the purpose of the planned unit development is to "gain more effective use of open space, realize advantages of large-scale site planning, mixing of building types or land uses, improved aesthetics and environmental pf•eservation by allowing a variety of buildings, structures, open spaces, allowable heights ands setbacks of buildings and structures". In the following table, the standard development requirements for the R-1-6 zone district are shown relative to the applicant's proposed requirements. Standard Requirements Minimum lot area-interior Minimum lot area-corner _Minim_um lot _width-interio Minimum lot width-comer Minimum lot depth Minimum front yard setback - - --- Minimum side yard setback-interior Minimum side yard setback-street Minimum rear yard setback 6,000 60 70 White Hawk PUD ___ feet j 33 480 to 11,300 square fe_et__ feet ~ 4,588 to 8,280 square feet 40 feet Presumed 100 feet 20 feet - __ _.... 5 feet per story l O feet, 20 for 15 feet X41 feet 6K min.) ~ 87 feet 15 feet-house, 20 to garage_ 5 feet regardless of stories access I y reet, no ~ara>;e access 15 feet interior lot, Alley-load earaee is 3 feet Agency Comments: The Public Works and Building Departments have provided their comments, recommendations and requirements for this application (Attachments H and I). Rogue Valley Sewer Services was notified of this application and has not submitted correspondence. Jackson County Fire District Number Three has submitted a detailed list of requirements that the applicant will need to satisfy (Attachment 7). E:\Central Point\White Hawk.doc Findings of Fact and Conclusions of Law: In reviewing these findings of fact and conclusions of law as submitted by the applicant, the planning commission should refer to the following criteria to grant or deny a PUD whereas; CPMC 17.68.040, states A PUD shall be permitted, altered or denied in accordance with the standards and procedures of this chapter....and to approve or deny a PUD, the planning commission shall find whether or riot the standards of this chapter, including the following criteria are either met, can be met by observance of conditions, or are not applicable. Criterion 1 That the development of a harmonious, integrated plan justiftes the exceptions to the normal requirements of this title; Finding: White Hawk is consistent with the Beebe/Gebhard Road Master Plan. The intent of the Master Plan was to provide a general framework for land use and neighborhood circulation for the study area, in an effort to facilitate development of the area as a harmonious and integrated neighborhood. The PUD proposal facilitates the provision for the open space designation per the Master Plan, while maintaining an acceptable lot yield. The applicants have proposed using development standards that have been successfully implemented within the Twin Creeks Transit Oriented Development (TOD) and with these standards intend to create a unique, comfortable and well-planned neighborhood. The TOD type standards are more flexible in allowing a range of housing types, setbacks ofoff-street parking requirements when compared to standard residential zoning. For other TOD standards such as landscaping, the requirements are more restrictive than standard development. The implementation of White Hawk and the adjoining Gebhard Village developments will occur in a more harmonious fashion since these projects are set to occur in an area that is largely underdeveloped at this time. Criterimr 2 The proposal will be consistent with the comprehensive plant, the objectives of the zoning ordinance and other applicable policies of the city; Finding: The proposed tentative plan for a Planned Unit Development is a permitted use in the R-1-6 zoning districts. The R-1-6 zoning is consistent with the Low Density Residential Comprehensive Plan map designation. The Comprehensive Plan encourages innovative residential planning and development techniques that would help to increase land use efficiency and reduce the cost of utilities and services (Comprehensive Plan, Page XII-12). Criterion 3 E:\Central Point\White Hawk.doc `7 The location, size, design and operating characteristics of the PUD will have minimal adverse impact on the livability, value or appropriate development of the surrounding area; Finding: The intent of the Beebe/Gebhard Road Master Plan was to coordinate land use compatibility and the need for a neighborhood circulation plan, both of which are important considerations in maintaining neighborhood livability. The proposed PUD's location, size, land use, and circulation are consistent with the Master Plan's R-1-6 designation for the project site. The Comprehensive Plan designation for the property is Low Density Residential. The R-1-6 zoning is consistent with the Low Density Residential designation. Planned Unit Developments are allowed within the R-1-G district subject to compliance with Section 17.68.010. The Comprehensive Plan encourages innovative residential planning and development techniques in the form of planned unit development, clustered development, zero lot-line development, and others as appropriate that would help to increase land use efficiency and reduce the cost of utilities and services (Comprehensive Plan, Page XII-12). Criterion 4 That the proponents of the PUD have demonstrated 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 ~:ecessary district changes, and intend to complete said construction within a reasonable time as determined by the commission; Finding: Duncan Development has been an active firm within the City of Central Point during the past and has been responsible for projects like the Green Valley Subdivision, Pheasant Creek Estates Subdivision and most recently a new commercial building near the gateway sign near Interstate Five. Based upon this development history, financial vested interest in the Community and a reasonable development schedule, there is no reason to doubt the ability of the developer to follow through with this project. Criterion 5 That tr•affe congestion will not likely be created by the proposed development or will be obviated by demonstrable provisions in the plan for proper entrances, exits, internal traffic circulation and parking; Finding: The project will generate approximately 87 PM peak trips, or 15% of the PM peak hour trips estimated for the Master Plan area (East Pine Street Corridor Study). Gebhard Road, although substandard, is a designated collector. At this time there is insufficient data to determine whether, or not, this project will adversely affect the current level of service on Gebhard Road, or any of its intersections. The internal circulation plan is capable of accommodating the project's intemal traffic needs. Parking will comply with City standards for on-site residential parking. E:\Centrat Point\White Hawk.doc 5 In anticipation of the need to mitigate increased traffic as a result of development within the Beebe/Gebhard Master Plan Area, the City will require developers to sign a development agreement with triggers that obligate roadway improvements to specific development activities. The developer has been working with City Staff and City-funded consulting firms to address the future traffic concerns that will be associated with the development of the Master Plan area. While this development shows two full width streets and an alley connecting into Gebhard Road, there is a larger plan for the area that will eventually link this neighborhood to the east and to the south through a new road network that may include another bridge crossing at Bear Creek and a north-south arterial linking Gebhard Road to East Pine Street. This and other developers in the area will sign a development agreement to obligate their project to the traffic mitigation plan. Criterion 6 That commercial development in a PUD is needed at the proposed location to provide adequate commercial facilities of the type proposed; Finding: This proposal pertains to a residential development and the commercial criterion does not apply. Criterion 7 TTtat proposed industrial development will be efficient and well-organized with adequate provisions for railroad and truck access and necessary storage; Finding: This proposal pertains to a residential development and the industrial criterion does not apply. Criterion 8 The PUD preserves natural features such as streams and shorelines, wooded cover and rough terrain, if these are present; Finding: There are no natural features such as streams, shorelines, wooded cover or rough terrain on this property that was formerly a pear orchard. The orchard will be replaced by residential development that will include a 27,930 square foot open space/park area with a pedestrian connection that could eventually tie the development into the Bear Creek Greenway which is located to the west across Gebhard Road. Criterion 9 The PUD will be cotnpatible with the surrounding area,, E:\Central Point\White Hawk.doc 6 Finding: White Hawk is proposed for an area recently zoned R-1-6, Residential single-family and the project adjoins the proposed Gebard Village PUD (Zoned R-2, Residential Two-Family) to the north and Beebe Road with R-L, Residential Low-Density properties to the south. To the west is Gebhard Road with County-zoned residential parcels on the distant side. The area east of the project is zoned R-1-6, Residential Single-Family and is presently underdeveloped with rural homes and the Shepard of the Valley Catholic Church. In comparing the existing uses with the anticipated future uses of the area, the White Hawk PUD provides a transition between the high density parcels to the north and the lower density parcels to the south and east. The only area where the proposed P.U.D. could be incompatible is along Gebhard Road and its County-zoned neighbors to the west. Gebhard Road is a 60 foot wide County Road that will be upgraded to accommodate the additional traffic associated with the development, but for the residents across the road to the west, the PUD will likely be an adverse impact. In the long term, there is the possibility that the County-zoned properties may become part of the City through the Regional Problem Solving process and if this were to occur, the land could be rezoned to a designation more consistent with White Hawk. Criterion 10 The PUD will reduce the need for public facilities and services relative to other permitted uses for the land. Finding: The area surrounding the project site is located within the Urban Growth Boundary and was identified for urban uses as early as 1973. Earlier this year, the City Council annexed the property and more recently, rezoned the property from R-L to R-1-6 in anticipation of this project that will increase density and land efficiency. As density increases, one of the fundamental benefits is the reduction of the need for public services, relative to the extension of the services and eventually, a reduced cost of maintenance since there is less lineal distance in infrastructure. What this means is that while the entry level cost of putting water, sewer and electricity to the site maybe slightly higher at first due to the increased load, in the longer term of 20 to 30 years, these wires and pipes wear out and need to be replaced. If the distance of these items is reduced, then the cost to replace them is reduced since there is less material and labor required. Recommendation: Staff recommends that the Planning Commission take one of the following options: 1. Adopt Resolution No._, approving the tentative PUD plan subject to the recommended conditions of approval (Attachments G, H & I); or 2. Deny the tentative PUD plan; or E:\Ccntral Poiot\White Flawk.doc 7 3. Continue the review of the tentative PUD plan at the discretion of the Commission. Attachments: A: Notice of Public Hearing B: Applicant's Findings of Fact and Conclusions C: Tentative Plan D: Development Schedule E: Building Footprint F: Elevations and Statistics G: Planning Department Conditions of Approval H: Public Works Staff Report I: Building Department Staff Report J: Correspondence from other agencies K: Covenants, Conditions and Restrictions E:ACentral Point\White Hawk.doc Z7 ~~.° `~-~ City of Central Point CENTRAL PLANNING DEPARTMENT POINT Tom Humphrey, AICP Community Development Director Ken Gerschler Community Planner Dave Alvord Community Planner Lisa Morgan Planning Technician Notice of Public Hearing Date of Notice: June 15, 2005 Meeting Date: July 5, 2005 Time: 7:00 p.m. (Approximate) Place: Central Point City Hall 155 S. Second Street Central Point, Oregon NATURE OF MEETING Beginning at the above time and place, the Central Point Planning Commission will review Tentative Plan and Planned Unit Development applications. The purpose of this application is to create a Planned Community comprised of 91 dwelling units. The property is located within a proposed R-1-6, Residential Single Family zoning district. The property is identified on the Jackson County Assessor's map as 37 2W 02, Tax Lot(s) 2700 & 2701. The property is located north of Beebe Road, east of Gebhard Road, and west of Hamrick Road. Pursuant to ORS 197.763 (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 TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE IT MUST BE PROMPTLY FORWARDED TO THE PURCHASER. This notice is being mailed to property owners within a 200 foot radius of subject property. CRITERIA FOR DECISION The review requirements for Tentative Plan and Planned Unit Development applications are set forth in Chapters 16.10 & 17.68 of the Central Point Municipal Code, relating to General Information and conditions of the project approval. 9 PUBLIC COMMENTS 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, July 5, 2005. 2. Written comments may be sent in advance of the meeting to tientral Point City Hall, 155 South Second Street, Central Point, Or. 97502. 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 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 City Hall, 155 South Second Street, Central Point, Oregon. The City File Number is 05011. Copies of the same are available at 15 cents per page. 5. For additional information, the public may contact the Planning Department at (541) 664-3321 ext 292. SUMMARY OF 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). Any testimony or written comments must be related to the criteria set forth above. At the cdnclusion 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. /D White Hawk Planned Development City of Central Point, Oregon Duncan Development, Inc Land Use Approval Findings A - 3 A i TACK-1 ~"t E'~`~' •.~ „ CESNW, Inc. Page 6 of 22 ~~ City of Central Point, Oregon Duncan Development, Inc -- Planned Unit Development and Preliminary Subdivision A - 3 Chapter 17.6$ PLANNED UlYIT DEVELOPMEiiT (PUD) 17.68.010 -Purpose. The purpose of planned unit development (PUD) is to gain more effective use of open space, realize advantages of large-scale site planning, mixing of building types or land uses, improved aesthetics and ~. environmental greservation by allowing a variety of buildings, structures, open spaces, allowable heights and setbacks of buildings and structures. A PUD should have a harmonious variety of uses, utilize the economy of shazed services and facilities, and reduce municipal costs of operating and maintaining services while insuring substantial compliance with the district regulations and other provisions of this code 17.68.020 - Size of the planned unit development site. A PUD shall be on a tract of land five acres or lazger, except that a PUD may be on a tract of land of more than one acre but less than five acres .......... Finding: The proposed PUD is requested for a parcel of land totaling approximately 18.75 acres. The primary requirement requiring a parcel of five or more acres is met. 17.68.030 -Application and review. r A. Applications and review of PUDs shall conform to the provisions of Chapter 1.24 of this code ^^ and all applicable taws of the state. The application shall be accompanied by a filing fee as set by city council. In the event the city incurs expenses in processing the proposal which exceed the amount of the filing fee, payment to the city of expenses in excess of the filing fee shall be a condition of final acceptance of the PUD by the city. Fielding: This application fora 91 lot residential PUD is accompanied by the current filing fee. B. For any use which is permitted or conditional in another zoning district, the PUD application may include an application for a zoning amendment, as provided in Chapter 17.88 of this code, or the PUD approval may include a condition to allow the use. Finding: A zoning amendment to R-1.6 has been submitted to the City. ' C. Where use is made of the PUD process, no building permits shall be issued until the planning commission has approved the PUD as provided in this chapter. Finding: The developer understands that no building permits will be issued for development on land associated with this PUD request until the Planning Commission has approved the application. D. An applicant may confer prior to application for a PUD with city staff in apre-application conference. Finding: Apre-application conference was held. E. The commission shall act upon the application within ninety days from the date of accepting the completed application, excluding such time as may be necessary to complete any ' amendments initiated by the applicant. In taking action, the commission may deny a PUD, may grant a PUD as submitted, or may grant a PUD subject to conditions as provided in this chapter. Any PUD authorized shall be subject to all conditions imposed and shall be excepted from other provisions of this title only to the extent specified in the PUD approval. Finding: The developer understands that the PUD will be subject to any and all conditions of approval imposed on the proposed project by the Planning Commission. CESNW, Inc. Page 7 of 22 ~~ Wrote Hawlc Planned Development Ciry of Central Point, Oregon Duncan Development, Inc - 17.68.040 -Criteria to grant or deny a PUD. A PUD shall be permitted, altered or denied in accordance with the standards and procedures of this chapter. In the case of a use existing prior to the effective date of the ordinance codified in this chapter, and classified in this chapter as a PUD, a change in the use or in lot area, or an alteration of structure shall conform with the requirements for PUD use. To approve or deny a PUD, the planning commission shall fmd whether or not the standards of this chapter, including the following criteria are either met, can ' be met by observance of conditions, or are not applicable. A. That the development of a harmonious, integrated plan justifies exceptions to the normal requirements of this title; Finding: The proposed residential PUD development is designed to provide two sizes of single family detached dwelling unit parcels. The street pattern incorporates alleys in the center three "double blocks" to provide a harmonious streetscape -eliminating garages -and providing a more pedestrian-friendly design on several interior streets. A central park space totaling over 1!2 acre is located within the project, and pedestrian connections are provided in addition to sidewalks throughout the design. Street connections to Beebe and Gebhard Road, and street stubs to adjacent parcels, further the vehicular and pedestrian linkages between this development and future projects. N B. The proposal will be consistent with the comprehensive plan, the objectives of the caning ordinance and other applicable policies of the city; Finding: The project is consistent with the Comprehensive Plan, because this is a residential project designed for land that is planned for residential development. The project complies with the zoning ordinance because the objectives and density envisioned by the requested R-1.6 zoning district are achieved with this PUD. All other applicable ordinance provisions are met as addressed in other sections of this application. C. The location, size, design and operating chazacteristics of the PUD will have minimal adverse impact on the livability, value or appropriate development of the surrounding area; ' Finding: The size, design and functional characteristics of this PUD will be compatible with the nearby properties, because this parcel is part of a Master- Plan that envisioned residential development at the proposed density. Vehicular linkage with the surrounding streets and adjacent parcels has been well located to facilitate safe, convenient traffic flows. D. That the proponents of the PUD have demonstrated that they are financially able to carry out the proposed project, that they intend to start construction within six months of the fmal approval of the project and any necessary district changes, and intend to complete said construction within a reasonable time as determined by the commission; Finding: The developer, Duncan Development, Inc., has been operating in the Medford/Central Point area for several years and has three completed or "in- progress'° residential projects of similar size and complexity. CESNw, Inc. Page 8 OY 1'1 13 City of Central Point, Oregon Duncan Development, Inc E. That traffic congestion will not likely be created by the proposed development or will be obviated by demonstrable provisions in the plan for proper entrances, exits, internal traffic circulation and parking; Finding: Beebe Road and Gebhard Road are both classed as collector streets in the recent version of the Transportation plan for the City. They are planned as collectors in order to carry the anticipated traffic from the recently annexed areas of the city, as developed for residential use. By selecting safe points of access onto the existing collector street system, the project minimizes congestion and traffic impacts. Additionally the project is designed with two additional connections to adjacent properties that will eventually be developed with public streets, providing numerous local street options for vehicular traffic entering and exiting the site. F. That commercial development in a PUD is needed at the proposed location to provide adequate commercial facilities of the type proposed; Finding: No commercial development is proposed as an element in this PUD request. G. That proposed industrial development will be efficient and well-organized with adequate provisions for raikoad and truck access and necessary storage; Finding: No industrial development is proposed as an element in this PUD ' request. H. The PUD preserves natural features such as streams and shorelines, wooded cover and rough terrain, if these aze present; Finding: No significant natural features are found on the subject property, ' therefore, this criterion does not apply to this application. I. The PUD will be compatible with the surrounding azea; Finding: The PUD will be compatible with the nearby properties, because this ' parcel is part of a Master-Plan that envisioned residential development at the proposed density. J. The PUD will reduce need for public faciities and services relative to other permitted uses for the land. Finding: The proposed PUD project will place no greater or more intense need on public facilities or infrastructure than any other similar residential development. The development will be fully constructed with all necessary public facilities, and the park will provide additional benefit to the area. 17.68.050 -Preliminary development plan. ' A preliminary development plan shall contain a written statement and maps and other information on the area surrounding the proposed development to show the relationship of the planned unit development to adjacent uses, both existing and proposed. The plan shall include the following: ' A. A map to scale showing street systems, lot or partition lines and other allocations of land for management or use; Finding: The drawing package included with the application contains a site plan showing the proposed layout of streets, lots, and other allocations of land, including the open space tract. CESNW, Inc. Page 9 of 22 /4 wrote HawK Planned Development City of Central Point, Oregon Duncan Development, Inc 3. A landscaping and tree plan, Finding: Preliminary landscaping for the open space is shown on the plans, street trees will be installed per the City's planting and spacing requirements. 4. An economic feasibility report or market analysis, Finding: An economic feasibility/market analysis of the Medford/Central Point residential real estate market is included in Section A-4 of this application package. 5. A solar orientation plan showing the general orientation of buildings and roof slopes to each other, to streets, and to the landscaping and tree plan; Finding: A solar orientation plan is not applicable to this request for a residential development. Lots 1 through 7 meet a standard solar orientation requirement, as do 23 through 28, 31, 41, and 50 through 91. 63% of the proposed lots in the PUD meet the standard orientation for solar access. The majority of the remaining lots will have some solar access potential because they either face west (lots 32 through 49) or have a public ROW on their west side (lots 8 through 22). This allows western exposure for some measure of passive solar opportunity. H. Other pertinent information shall be included as the planning commission finds necessary to determine any appropriate and desirable requirements that may differ from those ordinarily applicable under this title. Finding: Representative home footprints and elevations are included for the rear-lot garage entry units to demonstrate the flexibility this PUD plan provides for home-builders catering to a diverse section of the regional market. 19.68.060 - Rinal development plan. A. Within six months following the approval of the preliminary development plan, the applicant shall file a final development plan with the city, containing in final form the information required in the preliminary plan. The same shall be reviewed by the planning commission and decided by the city council as set forth in Section 1.24.020 of this code. The council may, in its discretion and for a good cause, extend for six months the period for the filing of the final development plan. Finding: The developer will submit the necessary Final Plan documents for review by the Planning Commission and the City Council within the stipulated timeframes. B. The permit for a PUD shall expire and become void one year from the date on which it was issued unless an application for extension is filed and approved by the planning commission. The one year shall commence with approval of the final development plan. Finding: Phase I of the proposed development will commence within the stipulated one year timeframe, or an application for an extension will be filed. C. Within thirty days after the granting of a permit from a PUD the permit application file number shall be indicated on the zone map on the lot or lots affected by such permit. Finding: The zoning maps will be amended as necessary by jurisdiction staff. D. The final development plan shall continue to control the planned unit development after it is finished. Finding: The development of the PUD will be consistent with the final development plan throughout the construction of both phases. CESNW, Inc. Page 11 of22 ~~ _ ,~ ,_ w ii"~YA r1illlllGU JJC VC1Up[[ICllt .~- ar= City of Central Point, Oregon ~ Iluncan Development, Inc , xy „~~~ ~~: ... Smaller interior side yard setbacks facilitates development of the "alley-loaded" lots with detached, rear-loading garages. Lot coverage for the individual lots shall be a maximum of 55% for the "alley- loaded' lots and G15% for the perimeter traditional lots. The increased lot coverage allowances are balanced by the provision of a pazk for active play and community use, and the addition of alleys to remove much of the residential "garage-associated" vehicle movement from the interior streets. B. Buildings, off-street parking and loading facilities, open space, landscaping and screening shall conform to the specific standards of the zoning district within fifty feet of the boundary Gnes of the development. Finding: The development of the PUD will be consistent throughout the project, and will be compatible with the adjacent development and zoning districts. No off-street parking or loading facilities are proposed for this residential development. C. The planning commission may approve building heights greater than those authorized by the zoning district. The applicant shall demonstrate that: Finding: The homes proposed for this project will be 2 '/z stories or 35 feet tall maximum, as allowed in the underlying zoning district. D. The building coverage for any PUD shall not exceed that which is permitted for other construction in the zone. Finding: Please refer to subsection (A) above addressing the adjustments to various specific zoning district standards, and the proposed deviations from those standards. E. When a PUD design would require exceptions to the regulations of the subdivision title, the planning commission may grant those conditions as part of the PUD. Tentative approval of the preliminary development plan of a PUD shall also constitute tentative approval of a tentative plan under Chapter 16.10 if the materials are presented in the manner prescribed by subdivision title. Finding: No exceptions to the regulations of the subdivision ordinance are necessary to facilitate the approval of this PUD application. Tentative approval of this PUD will also constitute tentative approval of the preliminary subdivision plan. The necessary materials as required in Title 16 - 16.10 have been provided in the preliminary drawing package. 17.68.090 -Accessory uses in a planned unit development. In addition to the accessory uses typical of the primary uses authorized, accessory uses approved as a part of a planned unit development may include the following uses: Finding: No accessory uses are proposed in conjunction with this residential PUD development. CESNW, Inc. Page 13 of 22 ~~ White Hawk Planned Development - . City of Central Point, Oregon F;'- vf" Duncan Development, Inc ,t ?~: ~~'z 17.68.100 -Density bonus. A. Within a PUD, the planning commission may authorize an increase in total number of dwelling units of up to five percent above the number of units (rounded up to the next full dwelling unit) otherwise authorized by the density requirements of the caning district. For an increase of dwelling units to be permitted the planning commission shall find that the development will contain distinctive qualities or overall excellence in the areas of the site planning, architectural design, landscaping, solar orientation and recreational opportunities, which will provide a superior living environment and enhance the general area or neighborhood. B. For purposes of this section, residential base densities to which the allowable percentage adjustments may be applied are: Zoning District Maximum Density of PUD Gross Acre R-L Residential low density 2.0 dwelling units per acre R-1-6 Residential single-family 6.0 dwelling units per acre R-1-8 Residential single-family 5.0 dwelling units per acre R-1-10 Residential single-family 4.0 dwelling units per acre R-2 Residential two-family 12.0 dwelling units per acre * Before five percent density bonuses, if applicable. Finding: The development of the PUD will be consistent with the density of the R 1.6 single family district, and will be compatible with the adjacent development and zoning districts. 17.68.110 -Common open space. A. Open areas may be accepted as common open space within a planned unit development if these requirements are met: 1. The location, shape, size and character of the common open space is suitable for the planned development; 2. The common open space is appropriate to the scale and character of the planned unit development, considering the PUD's size, density, expected population, topography and the number and type of dwellings provided; 3. Common open space will be improved for its intended use, although common open space containing natural features worthy of preservation may be left unimproved. The buildings, structures and improvements in the common open space shall be appropriate to the uses proposed for the common open space; 4. The development schedule coordinates the improvement of the common open space and the construction of buildings and other structures in the common open space with the construction of residential dwellings in the planned unit development; 5. If buildings, structures or other improvements are to be made in the common open space, the developer provides a bond or other adequate assurance that the buildings, structures and other improvements have been completed according to the development plan. B. Iand shown on the final development plan as common open space shall be conveyed under one of the following options at planning commission discretion: 1. To a public agency which agrees to maintain the common open space and any buildings, structures or other improvements which have been placed on it; 2. To an association of owners or tenants, created as a nonprofit corporation under the laws of the state, which shall adopt and impose articles of incorporation and bylaws and adopt and impose a declaration of covenants and restrictions on the common open space that is acceptable to the planning commission as providing for the continuing care of the space. Such an association shalt be formed and continued for the purpose of maintaining CESNW, Inc. Page 14 of 22 /9 wmxe rrawx rrannea t~evelopment City of Central Point, Oregon Duncan Development, Inc the common open space. Common open space not conveyed to a public agency shall be in addition to and not in lieu of the land dedication or fee required in Chapter 15.20. C. Common open space may only be put to uses specified in the final development plan. No change of use allowed by amendment may be considered as a waiver of any of the covenants limiting the use of common open space areas. All rights to enforce these covenants against any use permitted are expressly reserved. D. If common open space is not conveyed to a public agency, the covenants governing the use, improvement and maintenance of common open space shall authorize the city to enforce their provisions. Finding: The Open Space will be conveyed to the City - if so required - or will be retained and managed by the Homeowners Association. 17.68.120 -General conditions. In permitting a new PUD, the planning commission may impose, in addition to those standards and requirements expressly specified by this chapter, conditions which it fmds necessary to avoid a detrimental environmental impact and to otherwise protect the best interest of the surrounding area or the community as a whole. Those conditions may include, but aze not limited to, the following: Finding: Conditions A through K of this section of the ordinance apply to commercial and/or industrial PUD developments and therefore, are not applicable to this request for a residential PUD subdivision. 17.68.130 -Residential conditions. Planned residential developments may have the following conditions attached: A. Prior to the issuance of the certificate of occupancy, recreational facilities shall be installed as may be required by the planning commission; B. Pedestrian movement upon the site shall be encouraged and separated from vehicular traffic through a comprehensive system of paved pathways; C. Development for residential and accessory uses shall be at a specified maximum density; D. Off-street parking shall be provided at the ratio specified in Section 17.64.040 and for visitor parking, one space per four units; and for recreational vehicle storage, one space per seven units. Vehicles shall pazk only in designated azeas or stalls. There shall be no parking within turnaround areas or main driveways. Visitors' parking shall be clearly identified and maintained; E. Boats, trailers, campers and similar recreational vehicles may be stored in designated areas only. The permanency, security and visual screening of a recreational vehicle storage area shall be assured by the construction of permanent walls not less than seven feet in height; F. "Tot lots" shall be provided in addition to adult recreational facilities for the year-round use of children residing on the site. The planning commission shall specify the number of tot lots required and the type of construction for play equipment; G. If units in the project are rented, the owner of the subject property shall provide for the regular and continuing maintenance of all structures, open space and landscaped azeas and all ofI street pazking and maneuvering areas. An agreement guaranteeing such continuing maintenance and giving lien rights to the city in the event of lack of said maintenance shall be submitted to the city attorney for his review and approval prior to the issuance of any building permits; H. Tf units are sold individually (condominiums), ahomeowners' association shall be established for the purpose of permanently maintaining all of the subject property, including common areas and individual units, buildings and structures, and a homeowners' association agreement guaranteeing such a maintenance by individual owners and providing for lien rights and reimbursement to the city for any costs incurred thereby shall be submitted to the city attorney prior to the issuance of any building permits; I. A bicycle path system shall be provided that is either integrated into the pedestrian sidewalk system or designed as a separate system and appropriately marked and signed. The system should include bicycle access to all dwelling units, and such facilities should connect to the city's bicycle system plan. Bicycle racks shall be provided for residents and visitors and other features that may be required, Finding: Any necessary conditions of approval will be placed on this project. CESNW, Inc. Page 15 of 22 Wntte HawK Planned Development City of Central Point, Oregon Duncan Development, Inc ''-~-.T: ~-rtZi Chapter 16.10 TENTATIVE PLANS 16.10.010 -Submission of application--Fiting fee. The applicant shall submit an application and tentative plan together with improvement plans and other supplementary material as may be required to indicate the development plan and shall submit ten copies to the city together with a filing fee defined in the city's adopted planning application fee schedule. The diagrams submitted shall consist of ten copies at the scale specified in Section 16.10.020 and one copy in an eight-and-one-half-inch by eleven-inch format Finding: This application fora 91 lot residential PUD and tentative subdivision is accompanied by the current filing fees and the required copies of the tentative plan. 16.10.015 -Application aad review-Fees. Applications and review thereof shall conform to the provisions of Chapter 1.24 and all applicable city ordinances and laws of the state. All costs of administrative and legal staff time costs, plans checks, construction inspection, preparation of agreements, in excess of the filing fee, shall be borne by the applicant and paid upon billing by city. Failure to pay such costs as billed shall constitute grounds for denial of final plat approval or building permits. Finding: Any necessary additional fees required for processing and approval of this project will be borne by the applicant, Duncan Development, Inc. and paid upon demand. 16.10.020 -Scale. The tentative plan shall be drawn on a sheet eighteen by twenty-four inches in size or a multiple thereof at a scale of one inch equals one hundred feet or, for azeas over one hundred acres, one inch equals two hundred feet, and shall be cleazly and legibly reproduced. Finding: The tentative plans and preliminary utility drawings are drafted at the requested scale and reproduced on 24 x 36 inch sheets, which are a multiple of 18" by 24". 16.10.030 - Geaeral information. The following general information shall be shown on or included with the tentative plan: A. Proposed name of the subdivision. This name must not duplicate or resemble the name of another subdivision in the county; Finding: The project name - WhiteHawk - is not a duplicate of any other subdivision in the county. B. Date, northpoint, and scale of drawing; C. Location of the subdivision by section, township, and range, and a legal description sufficient to define the location and boundaries of the proposed tract or the tract designation or other description according to the records of the county assessor; D. Names and addresses of the owner or owners, applicant and engineer or surveyor; Finding: The data requested in the three preceding items is included on the tentative plat drawings. E. A title report indicating all interests of record in the property which is the subject of the application. Finding: A title report for the subject property is included with the application package materials. CESNW, Inc. Page 16 of 22 zl City of Central Point, Oregon ~y `~ ~ ~ ~~ Duncan Development, Inc `Ft;i~~, ;,,, ~. ;,~ ~ ~, 16.10.040 -Existing conditions. M The following existing conditions shall be shown on the tentative plan: A. The location, widths and names of all existing or platted streets or other public ways within or adjacent to the tract, easements, railroad rights-of--way and such other important features within or adjacent to the tract as may be required by the city; Finding: The preliminary design drawings illustrate all the pertinent exisitng conditions on and adjacent to the property. B. Contour lines related to some established bench mazk or other datum as approved by the city when the city determines that the nature of the topography or size of the subdivision requires such data. Contour lines shall have the following minimum intervals: 1. Two foot contour intervals for ground slopes less than five percent; 2. Five foot contour intervals for ground slopes exceeding five percent; Finding: Topographic contour lines are shown on the preliminary utility plan. C. The location of at least one temporary bench mark within the plat boundaries; Finding: A temporary benchmark is identified on the preliminary utility plan. D. Location and direction of all watercourses and drainage systems; M Finding: Preliminary storm drainage design is shown on the utility plan. E. Natural features, such as rock outcroppings, marshes and wooded areas; Finding: There are no natural features of sign~cance on the subject property. F. Existing uses of the property, including location of all existing structures which the subdivider proposes to leave on the property after platting; Finding: The developer does not intend to keep any of the existing structures as part of the new development. G. The location within the subdivision and in the adjoining streets and property of existing sewers and water mains, culverts and drain pipes, and all other existing or proposed utilities to be used on the property to be subdivided and invert elevations of sewers at points of probable connections; Finding: Existing and proposed utility lines are shown on the preliminary utility plan. H. Zoning on and adjacent to the tract. Finding: Zoning of adjacent parcels is shown on an excerpt of the zoning map of the city -included with the application package. 16.10.050 -Additional information. The following additional information shall also be included on the tentative plan: A. Streets, showing location, width, proposed names, approximate grades and approximate radii of curves and the relationship of all streets to any projected streets as shown of any development plan adopted by the city; Finding: Preliminary street design and street sections are shown on the preliminary utility plans. B. Easements, showing the width and purpose; Finding: Necessary utility easements will be shown on the fmal plat. C. Lots, showing approximate dimensions, area of smallest lot or lots and utility easements and building setback lines to be proposed, if any; CESN W, Inc. Page 17 of 22 zz. White Hawk Planned Development ~' City of Central Point, Oregon , Duncan Development, Inc ~~~ v ~« D. Sites, if any, proposed for purposes other than dwellings; E. Area in square footage of each lot and the average lot area. Finding: Approximate dimensions of each lot, area of each lot, and proposed setbacks are shown on the preliminary plat and defined in an earlier section of the findings. The area proposed for the Open Space is shown on the preliminary plat. 16.10.060 -Partial development. When the property to be subdivided contains only part of the tract owned or controlled by the applicant, the city may require a development plan of a layout for streets, numbered lots, blocks, phases of development, and other improvements in the undivided portion, indicating inter-relationship with the portion sought to be divided. The city shall have authority to require that any adjacent parcel or parcels owned or controlled by the applicant but not included in the proposed subdivision boundaries be included in the development whenever inclusion of such parcel or parcels would be an appropriate extension of the development and in the best interests of the public, considering the development plan and the relationship between the surrounding area and the area of proposed development. Finding: The preliminary plat illustrates that the entire subject property is proposed for development, there are no portions available for future development. There is a mall remnant of the property left over after the a realignment of Gebhard and Beebe Road, but that parcel is not suitable for any residential development. .16.10.070 - F7cplanatory information. Any of the following information may be required by the city and if it cannot be shown practicably on the tentative plan, it shall be submitted in separate statements accompanying the tentative plan: A. A vicinity map showing all existing subdivisions, streets and unsubdivided land ownerships adjacent to the proposed subdivision and showing how proposed streets may be connected to existing streets; Finding: A copy of the approved Master Plan for the area is included with the application package. The Master Plan shows adjacent properties and a preliminary street plan providing major connections throughout the area. B. Proposed deed restrictions in outline form; Finding: No deed restrictions are proposed at this time. C. Approximate centerline profiles showing the proposed finished grade of all streets, including the extensions for a reasonable distance beyond the limits of the proposed subdivision; Finding: Centerline profiles will be provided during the construction document production phase of the project development. The area is reasonably flat and ® transitions between streets is not anticipated to cause design concerns.. ^ D. The approximate tocation and size of alt proposed and existing water and sewer lines and storm drainage systems. Finding: The preliminary sanitary system and storm drainage system is shown on the preliminary utility drawing. CESNW, Inc. Page 18 of 22 Z va. waop,uwna (:,.:, y ~ :. Ciry of Central Point, Oregon € Y Duncan Development, Inc ''"<'% ;' ~, y; 16.10.080 -Tentative plan approval. Approval of the tentative plan shall not constitute final acceptance of the final plat of the proposed subdivision or partition for recording; however, approval of the tentative plan shall be binding upon city for the purpose of the approval of the final plat if the final plat is in substantiat compliance with the tentative plan and any conditions of approval thereof. The action of the council in approving the tentative plan shall be noted on two copies thereof, including reference to any attached documents describing any conditions. One copy of the tentative plan shall be returned to the applicant and the other retained in the city files with a memorandum setting forth the action of the council. 16.10.090 -Conditions on tentative plan approval. The city may attach to any tentative plan approval given under this chapter specific conditions deemed necessary in the interests of the public health, safety or welfare,.......: Finding: Any necessary conditions of approval will be placed on this project. CESNW, Inc. Page 14 of 22 ~- ~ q i i Acr-, .N ~ ri-~- „G ~ i ----- =1-----P--------- _ -,cN A ~j~~ N 1 p ~ ee 4 ~ ~ ~ ~ _____ g 1 SS p Y rw YN ~ ~~ ql 10 f ~V R` ~~ I SSV •.1 I ~ 6btlc ' I ~ ~p ~ ~ # „- ~ .- - ~ - J~ ` f(~SS// ~ FALCON DRIVE '~._ ~~ ~____.__ ~_.__~ r L ~N fT e ' ed Cqo R~ ~O q, ~y. y °' ~ XaN L~$. 4~~34;$L ~~--~ ~ -- ~ ~ b. a L ~ 1. ~1 ~1~-~.-1 ~ j ~._"~ _-~ ~ . Id ~~ ~ ~~ ,~~& 4~~L'~°'4~~R~~S 4'qv{,I ax Y.~ ~ j ~N wv ~ yz I$ y ~ ___ PEREGRINE DRIVE _- ~--~ .m r I~ ~-' ~ I ~~ tY (~ 4° ( fe 4a / ~__= e m w ar .n m X ~ ~ ~ 1 I~ w .. __. _ WII[I'p.HAWKDRIVE _ _ - - ~ {/- i ~Y « o-1 € ~~~~w '~~ '~w.~ ~~ ~ ~ ' I 6 _~_._____-_ N ~ ~a wn~•'Cu •' 6Z •'tlw'v' # ; ( F Bp a$ ~'•'i ° s 4 . C i is lI II o ~ I( i ,~ ~-- ~ ~-- _ _ _ GOSHA\VKDRNE _ _ _ ~ ice ~ G' w ' a 1 , ~ c ~' ~'~ 0.l \~~' ~ --~> -~ I ~ ~~ .l ~ 1 a~ ~~ ~ T~ _ ~ ~-- r ~ - `\ u ` Imo/\*~o % tly / -<:~-_ ~ I ~_ ~m __J ~\ -`~ I aJ L ~ B _ _ fi BEEHE ROAD ~ ~ .. ""~"~""~` C~SjNW n z« oz roams aw t xra A ~ PRELIMINARY , T ummavcru~n.m.. ~'ux arnwm~r. aw SI E PLAN mw°"w°~a m°irn°ua`rxa066i; aaax >m ~ ax w-ussvu ~ urws-nn ~.5 ATTACHMENT"D" DEVELOPMENT SCHEDULE The applicant has not submitted a Development Schedule for White Hawk PUD. Development details will be provided by the applicant at the July 5, 2005 Planning Commission meeting \\Cpchsl\city wide\Planning\2005 Land Use Pilcs\05011\OSOI1TPreport.doc !~ ~h'h~3,2=,~''eR`_i`~ "'~ xr~' 'y` ,~yE~y"' c .y, ~~': ~t e ~:~ v-5+ 2irr sc'S 3 ,t` ev ~ v#,* t N ^'&vr'. >-wk+L lgr ~Lr?sP a'' ~i p'e' L ~ ,,F`2'T~~'n ~`1 ^{ ~ ~ #x'.#~~~~ ~'4 '~~~' < 2'~ v ~ti ~3SF ~S~1~e . e 's.* ~ .P~k~~/w~/ylY~l"y' '~}~ l,o~"*~S'~ 2 ~ z ~4 L ! 'J ~.: -~' -~--~.' L~zS+sS ~~~ ~r ~~'1 ~/~h~4`~d C m 5. .'~4~ °vx ``~.~' fiV ti ~3j. x~X >,.... Y-3¢s.x~Y> Yd`.'z!...... 6,0 ~.`.xS.:~.p~'T+53. <x i`1~r~^~S:~S'Yra~~:4 v{;1c'{' _.. am ~t. First Floor Plan Pian !D: CHP-20378 Order Code: c133 ~ - _q : "~._._..,~ _ hT'r t_. ~~ ~ ~~r " '~` t~ i;ar` IsE'~ACEi~t~ ~ stern tr`'~ FA~fFLI€' C:f~ ~aA~r:G~: ~ P3I Lj. '&"X1< ~~._a.,~v~,wvr '~1` ..'~Z f . ~ ~~k7 e~ - ~ ~ ~.m~ !Y ifl s '. 15f~tIt~G ftl~ x-~R~-fue~• t' ~ 4'x l ~' _ ctass;~ F~s7t~H ~T~xl!?' e.~...._..._.. ~~.~ ~-.rl~' _ _ F ~~3 ~ I ~~~~ ~7 Copyright ©2005, The COOL house plans tympany p;;off 2 of 4 ~~ ;~- ~ ,,rr ~~°•~~a~' [r~-,~ ''~~?`s~y j~,~~~~ c.~ 'T`$?Ftg~-,yy ~j <<~ ~f~iz ~ ~t,'..;#.~ S k>-.. ~J~~: ~r ~'~zz'~vft diE ti'.. C ~..~ ~! s'. ~!l~, ~'kc~ kL ~~'c~;dS ~Y _.. grr~s* }c r er ;:z .a~ --~ ~~~a ~>'.,~ ~c~~~ Second Floor Plan Plan ID: CHP-20378 ~„~,: Order Code: c133 `` ~~13 ~' - ~'~~ 1 ~' ~ ~~ ~:~~~~r jr ~~tl j'--- - Srj:i~ ~Sa~~lr ~ ~t~i ~ } Y~ ~ _ . ---- 1 ~?'~ 1 ~' tca+~~ t ,~ r ~~ Copyright©2005, The COOL house plans company Page ? Of 4 ~:- <, l/ ~`: , First Floor Plan Plan ID: CHP-17642 Order Code: c133 family 0 12'1Qx13'2 dining 12'10 x 10` opt. porch ppr . ------ a--------------------- first floor inett ~-~-~~~ 8'2 x 8' util Vtll. ~ island.; 1(~t 11'4 x 8' i0 ~f- Cl ~L master ste 11'2 x 14'2 25' i~ a sf- R ~ v,,: X13 _~ ~' i~hikl u ~~9~'Q` ca~~o~r2~'~~ ~'4~'z;~~ r' a.... - s...~ s.~*b. C,s. e. SF2 cR*'~„~ ,,. E~tc~r `ke4:~k:a.....N. .. 4:..4~~. a~ "~ ~.sii _ ~. LTz`x~,`• 29 Copyright ©2005 ,The COOL house plans company Pa;e ?. of ~k ~~ y~ ~ ,x ~~ ~ _., y First Floor Plan ~~ r ,~ Plan ID: CHP-11445 .Order Code: c133 ~~~~l7d~ ~xttrrr~~~ k~r~akfa~t, k_tar ~ '(~ r{ t ~~t7~r?~ ~f~~ ~0'~'~~' 1~ ~~~~. '~~'4x ~2'~~ 9~ firGk~lacG t~~r~r~d~ d_K~~ ~1 ~~~ - ~ ~ ~ ,~ i 5.Ye6ru... 3'F. -~'JCAart~' asv°'s~4FC.~. .SV.-1: `. ^(Ct`#2e+bM.. A-..~A 3~t-~.R2C:~""~a n: ~..'~sio: n. r`i. '~'~~`,. ae#.. . 3D Copyright ©2005, The COOL house plans tympany Pae ^^<uf 4 ~ , K /~ Y $ ~( Y'R f S`Y - k "J 'T y~ 5' 1i~} {.4 ~ C 3 T Y ~. x r~kr" ~~{~ 5 i..~ •f" hO .. Jw~fi~ T 5 t- '~q~ y.l~"'yl S" U CYi'~".~ "lie ~T~f .$.fE ' ~ ~ iJF~ ~'Y k.TU x .h .e ~. a ' " F" n. $ Y p i y . `T P .h N Y Y I 2 ~~~ ~ i ~' ~ W .• ?• ~~~ ~ ~ ~ L '/ ^^ ~~r~ 2 $.. t y`V R Y. { ~1~ R ~ ~ ~ ~ j . i 1 1 f 4~ y 3 .~/rY ~~ ~ i ~*.~~~ ~:i .~. [ ~ P~PPf ^ F~f ~d~~ [[ _ ~ ~~42> ~49 ~ y t yv -f ~~ ..~~ iii &. d" ~~fs v ^ ~i ~ t l ~? ''~ ~ 'fi . # ~ ~~ ~ ' °j" ' ~` ' ' ~~~ ~~ "{ ~ , ~,w >. x .e.. *. r s .~ Y, . v a , ~ x ~ RA~ a , ': Sn i. a .nu ~~/.. l §; 1~ ~ . Second Floor Plan Plan ID: CHP-11445 Order Code: c133 "= f~e~{r~c~rrt ~ ~~~~~~~ linen s-~eve ,7eve d0~~5+ L ~ railing ~,, ~ .~ 6 to ~~ NJa~r ~t1~~ t4' x f ~' +;4'alk-In clo=~ "le 'de .:~ ~, ~~ 3/ Copyright ©2005, The COOL house plans company Pnge 3 of 4 ~ .,li ? ~` jy5r5 s r;,}f,~.d•. V `C!. Second Fioor Plan Plan ID: CHP-17642 Order Code: c133 I ~ drm ~ ~drrr~ ~0`1c~ x ~0'S ~a'~~ x ~o~~ _ _ ._ O 0 [aft 1 g~1~n~ 12'6 x 12'8 ~~ '[ 1'6 x 10' ,,, ;;; ,. second flag ..¢. `i y. `~` 1.. x,.~ ~ a.-m s~se., vaav .g a'~- s~"g'~~; -i, ~"w;J u Tp'~' 3Z Copyright ©2005, The COOL house plans company Page 3 of 4 ~~ AiiAC~tiI~N~T ~\ ~` n BR. 3 BR. 2 u~~ ~ ~\ 9/t0 % 13/6 9/10 X 1J/6 \~\\\ ~ ~ GARAGE 20/0 % t9/6 . ®1997 Alan Mascord Design Associates, Inc. I'-1 Ail rights reserved. i i MASTER to/e % 9/6 ./- hl.Ni SIEtF GFEII RM OnNO PM OEtOw PEtNw TWO $TCRY ~ DINING t0/0 % tt/0 64' r NOOK ~ I eu 12ia utGO/s ~ % tt/a ~ iw0 STORY GREAT RM 16/0 % 16/6 PORCH •zT~ ee ALAN ~ , .~,//~/,/ Upper Floor ~ 845 Sq. Ft. ma$cord.com `[ Main Floor 860 Sq. P[. 1305 N.W. 18th Ave. 503 / 2259161 DESIGN A s s o c i A r E s, I N c. Total Area 1705 Sq. Ft. Portland, OR 97209 800 / A 11-0231 33 ®~ ALAN ' ^ Upper Floor ~-' 845 Sq. Ft. ~ Main Floor 847 Sq. Ft. D E S I G N A S S O C I A T E S. 7 N C. Totat Area 1692 Sq. Ft. ~ Z7' - mascord.com 1305 N.W. 18th Ave. 503 / 225-9161 Portland, OR 97209 800 / 411-0231 i r'a~o~I-'} F•.ESGuRC_S ~b?.EB:A ^;_c~~[ ST±IEf ~~ SUfiSCKIPT10W )!1i idfiP ^CGHTACT ~JS ^ I.OASE ^ Curtenl E-2i9ef NOME PtkI~S ^ F'HOiC~ TOUR ^ti'€RUk[ TGUR MVE~TlSE Maur Company HERE tiontact Ruberf. Soto for more '. infornia8on: 1.800:947:7526: Email Ruben>r: HOME PLANS 6710N-33HHM-Oi,the KIhlCAID 15°JSOR PORCH Din. Jtb X122 t3o X„o ca~raep PORCH ~dbf ~' -,.--~, Main level GRJEk WGY~ iGPt'tiI~HT I ras t: Upper Level Fl~'r! PF.OJUCTS 4iIIAT-U-GET PLAN INFORMATION CALL 800.947.7526 MONDAY -FRIDAY 7pm - 6pm CT OR GRUeP IdGi't Plan Price: ~ $715.00 Levels: 2 STORY Style: FARMHOUSE Bedrooms: 3 Main Level SqR.: 603' 2nd Level SgFt.: 694' Total SgFt.: 1297' W itlth: 21'-4" Depth: 43' - 0" Max Ridge Height: 25'-8" Garage Stalls: 0 Pt/~tl ;1[TEk~TIOhIS TE~t-G-=kiEr;[t P~Ilit Design Library provided by http://www.herhome.com/homeplans-04.asp?PIanNo=671 ON&PlansID=2002&Exposure=3... 3/4/2005 Front Elevation ~F~i- _i; ^~,;:- ~.Er`:I::fS ^E~~F,~~ c R~SuiiFCS Q tlil~ N. ~iGJi ~TUff ~S!if5ii%JPTIOIT SITE L?AF ^:G!ITttiT US D.It0~1'~E D Curteal E-line! NQM~E PLANS ^SEAaC'1 Flb.(dS Q FHppU'Q TUUf;pp ~ ~i fC~ L a.l TiJI; f. QDVERTfSE YearC[apm[p~ny IIERE :.< :Contact Ruben Soto for mono infom:afion: 1.800.447.7526 Email Rubenik`5-' ~a~~ ~ta~s Front Elevation `~~ 8fs#. ~ Br.3 ~..IV,f2tll ,a~,,,• 6790N-33HHM-01, the WILLQWQELL PLAN INFORMATION CALL 800.947.7526 MONDAY -FRIDAY 7pm - 6pm CT OR UkaEP, t~Qt'i Plan Prlce: $725.00 Levels: 2 STORY Style: TRADITIONAL Bedrooms: 3 Rr.2 ..°.,~ Mbr. „~ .,<° qm LR+'h Main level Sgft.: 2nd Level SgFt.: Total SgFt.: 7zs 664' 1389' ` I -° ! ~ ~;. Width; 28'-8" ; t ,- ~ - ~ ~ ~ ~ . ~ ~ Depth: 32' - 0" CCJEnE6 . .. ,..._ voras ~ ..... 9dbi ~~ ~ Max Ritlge Height: 2T-0" Main Level Upper Level Garage Stalls: 0 GR)Ek h1Ut4 Ft:~51 FP,000{TS PLA!1 AITEPC,TIf111S iUPt'FIhHT 151ikT-U-GEI T€Ei-A-EP;zNG ;r~~~' F~I1~T Design Library provided by +GBIS{Y iEu;;isl f0~'rLdhlS _ N } Have a question? Email us at webmaster@herhomemagazine.com Or Call u s at 1.800.947.7526 M-F, l am - 6pm CT ~li .'',. .v '. ~.i l' http://www.herhome.com/homeplans-04.asp?PlanNo=6790N&PlansID=2010&Exposure=3... 3/4/2005 ,~~~= ,~~ ~ ~ ~ 1 `~ -~~. Front Rendering Plan ID: CHP-20378 Order Code: c133 ~ r ~ ~` ~`-y;i ~Y~{(~ata It%~~ 1 ~~Iki~S ~ ' N ~ ~ x 37 Copyright ©2005 ,The COOL house plans company page I of 4 ~- ~ K Yf~~~. , v Front Rendering Plan iD: CHP-7642 Order Cade: c133 y~- [v i}~ yo qy { ~4/~ ~y~ ~y ~ ~~ ay* .~ ~ > ~~~ ~~ ~.. _ rl ~~~~~{k~rYt~~ti7.~tl~~Vr L3 ~'~~~4L~i7il K.i')~U~ r~ t$ ~~'.. ,.. ... 6. .....,s.: ~&, :i2..v'~3SF .~a,cx..<~..,z,x ~,.._. .., w _~a._ _ .e...-..-X.S- ~. c.~ .. t. Y:<~ _.w6ifE~ Copyrigh! ©2005, The COOK house plans company Page 1 or d v~~ a ~: ~t~ .. ~,.. Front Rendering Plan ID: CHP-11445 Order Code: c133 Copyright ©2005 ,The COOL house plans tympany Page 1 of 4 ",.~ ,,. ,,,,,,,.. ..,.ay vwsvu Duncan Development, Inc Economic Analysis A - 4 ~~ CBSNW, Lic. Page 20 of 22 7(/ ...__,__~_................ a....,...j......... x. NHTi~^ w City of Central Point, Oregon Duncan Development, Inc ~; ~Y. 3I Economic Analysis The population growth of Jackson County over the last several yeazs shows a continuing upwazd trend, which has indicated the need for an increase in housing opportunities. The 2001 population of Central Point was 13,460 residents. Central Point experienced significant growth in the 199O's. In 1990, the population was 7,510. The indicated growth from 1990 to 2000 is 68.6%, or 6.8% per year. Based on multiple listing data, mazket, economic and real estate consultants, the demand for housing of the type planned for WhiteHawk continues to increase. Given the historical data provided in this analysis, the need for homes in the $250,000 to $350,000 price range is evident. zoa,soo isa,ooo iso,o oo no,ooa ~ iso,ooo m iso.ooo 3 n 0 a 1!0.000 110,000 120.000 110.000 100.000 (Stafistics provided by Oregon Employment Department, Oregon Labor Market Information System) for Jackson County, Oregon. ti CESNW, Inc. ~. Page 21 of 22 4/ 1000 1901 f99Z Ut1 190! f000 U16 1091 f921 f~01 2000 3001 2002 .~,: City of Central Point, Oregon -~`' Duncan Development, Inc .,r;>~. ' _ ; ~,.. The information listed below has been provided through the Multiple Listing Service of Jackson County. Data provided pertains to units active, pending or sold since 7/31/04. Active Listine Price Ranee Area Market Survey Average Davs uanti On Market $250,000 - $299,999 21 72 $300,000 - $349,999 16 48 $350,000 - $399,999 10 94 $400,000 - $449,999 4 g3 $450,000 - $499,999 4 167 $500,000 - $549,999 3 115 $550,000 - $599,999 1 12 Pendine Listine Price Range uanti $250,000 - $299,999 7 $300,000 - $349,999 5 $450,000 - $499,999 2 Sold Selling Price Range uanti $250,000 - $299,999 43 $300,000 - $349,999 26 $350,000 - $399,999 9 $400,000 - $449,999 3 $450,000 - $499,999 1 $500,000 - $549,999 1 $550,000 - $599,999 2 Average Davs On Mazket 54 229 49 Average Davs On Market 46 53 54 102 95 52 95 In addition, the following report indicates strongly that the anticipated price range of homes of $250,000 - $350,000 is in the highest demand. The following statistical data was obtained from the Multiple Listing Service for units sold after 7/31/04. Market Statisfics Report '! (BR =bedrooms) Sold # Units Dollar Value Average List Price Ave. Sale Price Ave. Market Time of List Price CESNW. Inc. 2 BR 3 BR 4 BR 5BR All 0 68 17 0 85 0 $20,775,148 $6,265,550 0 $27,040,698 0 $329,115 $412,177 0 $347,417 0 $305,517 $388,562 0 $318,126 0 55 days 45 days 0 53 days 0 99.10% 98.06% 0 98.66% Page 22 of 22 ~°'~'~' ATTACHMENT "G" PLANNING DEPARTMENT RECOMMENDED CONDITIONS OF APPROVAL I . The applicant shall comply with all requirements imposed by affected public agencies and utilities as they pertain to the development of the White Hawk PUD. Evidence of such compliance shall be submitted to the City prior to final plat approval. 2. The applicant shall comply with all federal, state and local regulations, standards and requirements applicable to the development and construction of the White Hawk PUD. \\Cpchst\city wide\Planning\2005 Land Use Files\0501 t\0501 tTPreporcdoc s~3 A- ~-.t~c.~ ,~-t ESN i '~ 1-1 '' Public Works Department PUBLIC WO. June 27, 2005 TO: Planning Department 'ORT Bob Pierce, Director Maff Samitore, Rev. Services Coorrl. FROM: Public Works Department SUBJECT: Tentative Subdivision and Planned Unit Development for 37 2W 02, Tax Lots 2700 and 2701 White Hawk Estates PUD Applicant P.O. Box 5348 Central Point, OR 97502 Agent Fazber & Sons, Inc. 431 Oak Street P.O. Box 5286 Central Point, OR 97502 Pro e Description/ R-2 (Pending) Zonin Purpose Provide information to the Planning Commission and Applicant (hereinafter referred to as "Developer") regarding City Public Works Department (PWD) standards, requirements, and conditions to be included in the design and development of the proposed. Gather information from the DeveloperBngineer regading the proposed development. A City of Central Point Public Works Department Staff Report is not intended to replace the City's Standards & Specifications. Staff Reports aze written in coordination with the City's Standards & Specifications to form u useful guide. The City's Standards & Specifications should be consulted for any information not contained in a Public Works Staff Report. Existing Infrastructure 155 South Second Street • Central Poinf, OR 97502 •541.664.3321 • Fax 541.664.6384 Streets: This section of Gebhazd and Beebe Roads aze improved to a paved width of 21 feet. Gebhard and Beebe Road are classified in the City's Transportation System Plan as a Collector Streets. 2. Water: There is an existing twelve-inch water line at the intersection of Gebhard Road and Blue Grass Downs Drive, and at the intersection of Hamrick and Beebe Roads. 3. Storm Drain: There is an existing forty-eight inch storm drain line at the intersection of Gebhazd Road and Green Valley Way (Private Road) and in Beebe Road. White I~awk Estates PUD Transportation Currently Gebhazd and Beebe Roads aze country roads that are paved to twenty-one feet in width. In the City of Central Point's Transportation System Plan Gebhard and Beebe Roads are classified as a Collector Street. When improved, Collector Streets are designed to handle up to 5,000 vehicle trips a day or 500 P.M. Peak Hour Trips, per the Central Point Standard and Specifications. The most recent traffic counts for Gebhard Road were conducted by Jackson County in 2003. The total trips per day were 765. Since 2003, Blue Grass Downs Subdivision has been approved which has 97 residential units and Green Valley Estates and Hidden Grove PUD have been completed adding potential another 200 units that could use Gebhazd Road for access. The proposed project entails the development of ninety on residential lots. Based on the Institute of Transportation Engincers (ITE) Trip Generation Manual base figure of 9.55 average trips per day per residence, the project would potentially create 869.055 average daily trips or roughly 87 P.M. peak hour trips. The Public Works 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 City of Central Point recently completed the East Pine Corridor Traffic Study which studied E. Pine Street, Hamrick Road and a portion of Beebe Road. The improvements entail Gebhazd Road being extended to the South and a future bridge over Beaz Creek that would extend Beebe Road to the West. Additionally a new traffic signal at the intersection of Beebe Road and Gebhard Road may be warranted in the future. The traffic analysis was based on the fact that both Gebhard and Beebe Roads aze widened to full collector status. The developer has agreed to widen Gebhard and Beebe Roads to full half street improvements with two travel lanes, a bike lane, landscape strip and sidewalks in front of the subject properties. Developer has also agreed to installation of a bicycle/pedestrian path along the North side of Beebe Road in collaboration with the developer of Gebhard Village PUD. This path will be installed when 155 Soufh Second Street ~ Cenrra! Point, OR 97502 •541.664.3321 • Fax 541.664.6384 ~5 the development reaches build out of approximately 50% of the units. If the City and/or the development community have reached an agreement for the full improvement of Beebe Road prior to the half-way build out, the developer will not be responsible for constructing the bicycle/pedestrian path. A draft Development Agreement is attached. The Public Works Department recommends that the improvements be installed with development instead of the formation of a Local hnprovement District which could take some time to get enough property owners to form. Conditions of Approval 1. Right-o£-wa~Dedication: The Developer shall dedicate twenty feet of frontage of Gebhard Road and ten feet on Beebe Road for widening of the roads to Collector standards. 2. Gebhard and Beebe Road lm rovements: Developer will be responsible for constructing curb, gutter, and sidewalk and additional paving width to Gebhard Road for the subject property, per the drawing submitted by CES/NW. The developer will be responsible for constructing the road to the `interim' level. The Developer will be eligible for some SDC reimbursement for the capsizing portion of the road improvement. 3. Street right-of-wavs: The developer is proposing all public streets within the development. The Public Works Director approved a street detail to the standards and specifications that accommodates Munici- pal Code Section 12.36.100.D regarding street trees (See Attached Detail) for a standard residential street with aright-of--way of fifty-five feet. The developer may keep the road standard they have pro- posed or reduce the size of the right-of--way to the attached drawing. The developer has an alley im- provement width oftwenty-four feet. Public Works Standazd and Specifications has a standard alley of twenty feet. The developer may choose to use the proposed right-of--way width or reduce the ally width to twenty feet. 4. Open Space: The developer is proposing open space for the Planned Unit Development that is consis- tent with the City's Transit Oriented Development requirements for open space dedication. The open space areas will be approximately 27,930 square feet per open space area plus an additional 1,400 square feet for a walking path connecting Gebhard Road to the proposed development. The Public Works Department is requesting that a Home Owners Association be formed to maintain the areas. If the Developer wishes to dedicate these azeas to the City of Central Point the parks must be fully con- structed with an irrigation system and an approved and installed landscape plan. Additionally, the de- veloper shall maintain the areas for two years prior to the City taking over maintenance responsibility. 5. Water Line -Developer shall construct atwelve-inch water line from Gebhard Village PUD through the proposed development to the south and to the west. The developer will be eligible for SDC reim- bursement for capsizing the water line above the needs of the development. 6. Bicycle/Pedestrian Path: A Bicycle/Pedestrian path shall be designed and installed with the developer of the White Hawk Estates PUD for Beebe Road from Hamrick Road to White Hawk Estates along the 155 South Second Street ~ Central Point, OR 97502 .541.664.3321 m Fax 541.664.6384 ~iio North side of the street. The bicycle/pedestrian path shall be designed and installed when the develop- ment of the two properties is at 50°Jo build-out. If the City and/or the development cornmunity has reached an agreement to fund and construct Beebe Road to a standard Collector Street prior to the 50% build out this condition is void. 7. Grading Permit: The City of Central Point Building Department requires grading permits for 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. 8. 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 for 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 'h" 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 20-40 feet on center. Standard Speciftcations and Gaals 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 aze 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 aze 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 aze 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. However, 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 aze constructed so that other properties are not adversely impacted by the development. Development Plans -Required Information Review of public improvement plans is initiated by the submittal of 3 sets of plans that are at least 95% 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. In order to be 155 South Second Street #Cenfral Pornt, OR 97502 «541.664.3321 «Fax 541.664.6384 ~~ 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 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 traffic studies, legal descriptions and a traffic control plan. Public Works 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 public works permit. All fees are required to be paid in frill at the time the Public Works Pemut is issued, except Public Works Inspecflon 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 Duector). White Hawk Estates PUD -Plans 1. Three sets of plans at 95% 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 fmal "as-built" drawings will be required before the final plat application is processed. White Hawk Estates PUD -Protection of Existing Facilities The locations of existing facilities shall be shown on all applicable construction drawings for Public Works projects as follows: 155 South Second Street ~ Central Point, OR 97502 .541.664.3321 ®Fax 541.664.6384 ~~ 1. 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 shall be protected from darnage during design and con- struction of public works projects. 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. White Hawk Estates PUD -Water Conneetiou 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. 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. 2. The City of Central Point Public Works Standards & Specifications should be consulted for specific information regarding the design and construction of water system related components. White Hawk Estates PUD -Streets 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 hazdwaze 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 de- signs shall conform to the current American Disabilities Act (ADA) or as adopted by the Oregon De- partment 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 155 South Second Streef ~ Cents! Point, OR 97502.541.664.3321 .Fax 541.664.6384 for each street as determined by a technical analysis. The technical analysis shall use demand volumes that reflect the maximum number of pedestrians, bicyclists, pazked 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. White Hawk Estates PUD -Storm Drain 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. 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 Public Works Department that aze 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 ODFW and United States COE and consistent with APWA Storm Water Phase II requirements. 2. 'The City of Central Point Public Works Standards & Specifications should be consulted for specific in- formation regazding the design and construction of storm drain related components. White Hawk Estates PUD -Required Submittats 1. 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), Oregon Department of Transportation (ODOT) approval for storm drain connection and easement, landscape berms, U.S. Army Corps of Engineers (ACOE), affected irrigation districts, Beaz Creak Valley Sanitary Authority (RVSS), and Jackson County Road and Pazk Services Department (7C Roads), DSL and ACOE, as applicable (wetland mitigation). 2. Fire District No. 3 must approve alt streets and water improvement plans in writing prior to final review by City PWD. 3. During construction, any changes proposed shall be submitted in writing by the Developer's Engineer 155 South Second Street ~ Central Point, OR 97502 .54).664.3321 .Fax 541.664.6384 ~d BUILDING DEPARTMENT ~~„- CENTRAL POINT Lois DeBenedetti, Building Official ~ti~ ~~ BU/LDlNG DEPARTMENT STAFF REPORT June 21, 2005 TO: Planning Department Planning file no. 05011 FROM: Building Department SUBJECT: White Hawk PUD- 91 LOTS Beebe Road and Gebhard Road APPLICANT: Name: Duncan Development. LLC Address P. O. Box 5656 City: Central Point State: Oregon Zip code: 97502 PROPERTY DESCRIPTION: 37-2W-02 TL 2700 & 27011. 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 Point. OR 97502 ^ 541.664.3321 Fax 541.664.6384 52