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HomeMy WebLinkAboutPlanning Commission Packet - November 2, 2004CI`I"~' (~F CEN`I`I2~1I~ P£)IN`I' PIt.~ANNI~IC~ CC}MIVIISSI~7l'~ AaG1~1NlEIA No•ven~ber 2, 2004 - 7.00 p.,n~, Next Planning Coznznission Resolution No. G26 ~. MEE'PING CAI.I~.ED 'I'~3 ~1~1~<~~~ II. I2.®I.. J a.wl 3JtJAJ Chuck Piland ,Candy Fish, Don ljoster, Paul Lunte, Ccannie Moc~ygemba, and Wayne Rugs III. C`!DI~;ItESPC~NJDEI~ICE 11V. MCII`~~CJrTES A. Review and approval of actober 5, 2fl04, Planning Commission Minutes ~. P~.T1fII1IC APPEARANCES VI. BUSINESS E.l.. Public hearing to review Planned t.Jnit Development, Tentative Plan and Conditional Use applications that would amend the previously approved Beebe Woods Planned Unit Development by including a 4`~ phase near the northu+est corner of the project. This proposed 441' phase would add Five additional lots derived from an adjacent tax lot and would not change any other elements of the az~iginal P.U.D. approval. The subject parcel is in the R-2, Residential Two l<amily District and is identified in the records of the Jackson County Assessor as Map 3'7 2W OICB, Tax 201}. The properties are located on the east side of Pgs t-3'~ Hamrick Road {4460 Hamrick Road), north of East Pine Street and south. of Packwood Village Larne. 13. Publzc hearing to consider a minor partition application to create 3 lots. {C~ne havixxg an existing home). The subject parcel: is in the R-1-8, Residential Single Family District and is :identified in the recoxds of the Jackson County Assessor as Map 3'~ ~W 03AB, Tax Lot 4100. Zt is located north of Scenic Avenue, east of Dobrot Way and west of Pgs 38-53 Rock Way. C. Public hearing to xeview a Tentative Plan application fora ?lot subdivision l~nown as Hanley Dale. The subject parcel is in the R-1-8, Residential Single Farrtily District and is identified in the records of the Jackson County Assessor as Map 37 2W l OCA, Tax Lot 6{100. It is located north of Beall Lane, and east of Hartley Road, Pgs 54-b8 Pc1Yp22444 ~?. I'uljlic Ti;cctiT~?? ttr ri°~"i~;~,% << f'ir~al T7cvclo}~tllent ~'~r~r~ Io- <r 1'1crr~t~eti U'r~it ! )cti c1i>i~alci;t coaciitior~<aliy aptno~ci~ c~a ;'~1?~i1 1, :'fH)~I, .l,lr~ clc~c_]tr~~rr~~r~t i~; knc»vrr as C;c>trrrtr-~~:.ic~. I'gs 6-6 Ter~r`~.Gc'I'l~e. ~t,i3jcct l~~r.rccls ar-c iclcrliiticcl irr lire r~c~c~irrcl~ of il~c. J,rt:ksora t'ott~~t~, 1ssc~or ~~ 11"t~tl-r i7 ~l~' I 1 I>I_), "I'a~ I.ot~ 1 I ~It1() t~ l1f~t~Q a.rci ~rc`c locafccl cast <~f I~r-cc°i11ar~t~oaci_ atlci north o~~ 1 Ic~7~kias I~crrcl. ~:, I'trb.iic: z1lcr;tin~~ fo ~`cvew 1~~%n~r1 T~c~~c.io~~,~~er?t !'larl for- a Pi.rnnecl ~.'r~it 1)ct c?crt~~Ttcrl; cortclitio~raitlly ai~l~t-twcc~ orr Scpicn~~~er 7, 7Ot)?. 'I1rc <lcvc(ohr~aoil is 1arc~i~~~ra as Srlc~~~~~; ~', ,~~-i:~o i;i.rttc '~leacioz~°~. ".C'l~e sti~~jcet p~rreels arc: iclcntificcl ire tl~e rec:ore~s i~i~il:c.lack<;c~,r (~c?un`y~ r'3ssessor• as ~"I<rp _; ~ 1~:~' ? (lI)13,'~"rtx I,,rt {)-kOC? ari,i ~"Ial~ 3 7 ?G~~' 1 f)1)(.;, I~,r~ I.ot 2t)(.) arn~ i5 lo~;trtc;i ~~ esf o' ~.~Cftvy l3trt±c I,ax~~ anci r~c?r-iZ o' I3cal1 L"azrc. VIII. ~D,~E~[;12;~:~1~;~'~' Pc11022U(34 ~. Public meeting to review a 1"inal ~cvelopzncnt 1'laz~ for a Planned Unit Deve;lopznez~t conditiozzally approved oza April ~i, ZOt}4. The development is known as Countryside ~~s ~`~-~~ Terrace The subj ect parcels are idcntilzed in the records of the Jackson County Asscsscsz- as Map 37 2Vi~ 1113D, Tax Lots 1140f} & 11 d0f7 and are located east ofFreezxzan Read and north o~'Hopkins Road. V~. MISCEL~,ANEC-US ~rIII. ~.DJC}URNMEN`~` Pc 11£1224t14 `emu '~ _ ":.,s.y "'-y ~~'i ~ .. ~ ~ ~ _ ,. :a,., ~ '" 3~ ,a tip .,;. a; ~ r=~r,,, ~,. r,.r. ~.~a; ~: ~„ 4;F/ri kt 5 ~ w.~.. ~, ~r - f ti r 9+w4S ~ ': . ~ ~~.+..r~'y~ +h V~ l_ ~~~~ia. 3Ty"'`' ~~'~~'~~ ~..,~. City of Central Point Planning Commission Minutes tic#ober 5, 244 I. MEETING CALLED Tl7 ()RD-EFi AT 7:00 P.M. II. R.©I.L CALL. Chairman Chuck Piland, Candy Fish, Don Foster, Paul I_unte, Connie Moczygemba, and Wayne Riggs were present. Christopher Brown was absent. Also in attendance were Ken Gerschler, Community Planner; and [~isa Morgan, Planning Secretary. 111. CORRESPQNQENCE There was correspondence relating to Commissioner Brawn's resignation. Chairman Piland read Mr. Brown's letter into the record. IV. MINUTES Commissi©ner Fish made a motion to approve the minutes from September 7, 2004. Commissioner Lunte seconded the motion. RC}Lir. CALL: Fish, yes; Foster, yes; Lunte, yes; Moczygemba, yes; Riggs, yes. Motion passed. V. PUBLIC APPEARANCES There were no public appearances. VI. BUSINESS A. Continued public hearing to review Planned Unit Development, Tentative Plan and Conditional Use applications that would amend the previously approved Beebe Woods Planned Unit Development by including a 4~h phase near the northwest corner of the project. This proposed 4'~' phase would add five additional lots to an adjacent tax lot and would not change any other elements of the original P.U.D. approval. The subject parcel is in the R-2, Residential Two Family District and is identified in the records of the Jackson County Assessor as Map 3~ 2~V Ol CB, Tax Lot 2t7C}. The properties are located on the east side of Uarick Road (44b{} I-Iamrick Road}, north of 1?ast Pine Street and south of Packwood Village Lane. Nt~TE: This iterza was continued at the request of the applicant's agent to this Pftrrzning Corrunission Nitrates C?ctober S, 2f1 t14 Page 2 meeting, The Planz~izxg Department has nat received any further information and therefore the Planning t7epartrrYent recomzxzended that this item be continued until the next meeting. The agent has stated that lac would waive the 1247 day rile but the City has not had a letter formally requesting saz~rze. If a letter is not submitted, the City will need to make a heal decision no later than I~i`ovembcr 24, 20f34. lien Cersehler, Community Planner stated he has had communications with the agent. 'l'he applicant would like to add another lot to their Plans. Mr. Gerschler explained since this is changing the number ofproposed units for this phase, the City will re-notice. Chairman Piland asked if there vas anyone who would like to testify either on behalf of or against the application. No one came forward. Commissioner Fish made a motion to continue this application to the next scheduled Planning Commission meeting. Commissioner Lunte seconded the motion. ROLL CALL: The oration passed unanimously. B. Public hearing to consider a tentative plan fora 21 lot subdivision named Jackson Oaks, Phase V located north of Taylor Road, east of Grant Road in the TQL~- LMR, I_ow Mix Residential zoning district on Map 37 2W 03C, Tax Lot 2(18 and Map 37 2W 03C6, Tax Lot 100. Ken Gerschler, Community Planner presented the Planning department staff report. Mr. Gerschler went through the development triggers that have been completed or are in progress. Some of these were a signal at Haskell and Vilest Pine, a traffic circle, decorative street lights, sidewalks, arrangements made to extend Haskell Street to the north, creek restorations, and rail road crossing improvements. Mr. Gerschler explained how the tentative plan identifies Jackson Creek as it is today, and where it will be channeled after the restoration. The existing hawse on tax lot 2{78 will eventually take access from Buck Point Street. It will continue to use a bridge from Grant Road as access until Jackson Creek has been restored. Mr. Gerschler stated that staff feels that this phase is substantially compliant with the master plan, with the exception of lots 99,1 Qt3,1 t71 and 1(72. There will be a cluster type development on these lots, increasing the density. This is an efficient use of land, which the State looks at when asking for an expanded urban growth boundary. There is a proven market for this type of housing. Mr. Gerschler asked that the agent clarify the dimensions of a lot that is listed at Ptarrnittg ~orrznzission hlinrrtes Dctober S, 2{1114 Page 3 approximately 2,000 feet. Other than the square footage of lots being clarified it meets all of the requirements. Fire District #3, is satisfied with the fire hydrant placement in the area. Mr. Gerschler said that Mark Moran of Fire District # 3, attended a conference in Bend and spoke with fire fighters in the Portland area, They stated that they lost 1.5 homes in a similar development because they could not get their equipment in. Effective October 1, 2084, the Fire Districts have adopted their own standards for access. While this application is "grand fathered" in Staff is not sure how these new regulations will affect developments in the future far street widths, The Fire District reviews all development plans and makes recommendations. Nero Farber of Farber Surveying, agent for the applicant stated that they are in concurrence with the staff reports. Nowever, they would like the reference of Unit 5 corrected to Phase V. That is how it will be final platted and recorded, Mr. Farber said that the creek restoration project is fully funded and will begin Spring, 2(}05. The bridge being used for access to the existing home will be removed. The restoration will include re-vegetation of the banks, will lessen flood hazards, and provide a fish friendlier habitafi. Mr. Farber acknowledged the Fire District's new standards and said that the battle of skinny streets is being waged. Twin Creeks roads are in excess of 2U' in width, so it will be a matter of parking management, Mr. Farber feels that Twin Creeks was designed with plenty of access. There were questions regarding pedestrian paths, and whether the existing house would block the path, and if construction traffic has improved. Mr. Farber said that the pedestrian path will follow along the creek, and wili be part of the restoration project. An application for the other rail road crossing by the State Police Office is being drafted, Nopefully that application will be approved for the next construction season. Scott Mangold, a resident of Central Point asked if the development phases and construction approval could be explained again. Mr. Farber stated that Griffin Oaks, Phase 111 will begin construction within 3g days, using Scenic Avenue as access for construction activity. Jackson Oaks, Phase 111 will continue to use Scenic Avenue and that access will remain open as long as needed, Construction traffic seems to have improved with access off of Scenic Avenue. There is another point of access, however with a 5 ton weight limit on that access, the majority of the heavier construction traffic is served off of Scenic Avenue. That same access proved to be useful over the weekend when West Pine was closed for the rail road improvements, There will ~'lanning Corrarraission Mituates Qctober 5, 2f10~ Page 4 not be a permanent connection to scenic Avenue. Chairman Piland closed the public poriian of the meeting. Commissioner Moczygemba made a motion to adopt Resolution 625 approving the preliminary development plan for Jackson Oaks, Phase V, with staff correcting al! references of Unit 5 to Phase V, and subject to the recommended conditions of approval. Commissioner Faster seconded the motion, RULL CALL: The motion passed unanimously. Vll. MISCEL.LANEt~US Mr. Gerschler gave a summary of applications that will be brought to the Planning Commission in November, V!!l. ADJt7URNMENT Commissioner Fish made a motion to adjourn the meeting. Commissioner Moczygemba seconded the motion. RC}LL CALL: Madan passed unanimously. Meeting was adjourned at 7:35 P.M. ,__?r. ?:: J Z' ~'7..: t., ': 7 r ~1 ~ri" am,'t ~'Yr~. n~:R ~ `kY;:; ~~„ Jr (~'.. ti::!_{ ,r. .,.. PLANItiIING DEPARTMENT STAFF REPORT flEAR1NG DATE November 2, 2004 TO: Central Point Planning Commission FROM: Tom 1-Iumphrey A1CP, Community Deveiopznent Director SUB,~ECT: Conditional Use, Tentative Pian, and Planned Unit Development for Beebe Wood pillage. A„, ip icantl Owner: Gaipin, LLC P,4. Box 82']1 Medford, QR 97502 Gordon & Erma Layton 4464 Hamrick Road Central Point, OR 97502 A ent: Craig A Stone & Associates, Ltd. 7018 Cardley Avenue Medford, C1R 97544 ProErerty Deserx tion 'p 37 2W02CB Tax Lot 200 _ 0.87 Acres Zorzin~: R-2, Residential Two-Family District Summary This item was continued by the applicant's agent until this meeting. The applicant has submitted various land use applications to amend a previously approved preliminary development plan for a residential planned community and subdivision known as Beebe Woods. The amendment increases the overall acreage and proposes the addition of frve more lots to bring the total number of single family uirits in the development to 2 07 (up from 102}. Authority CPMC 1.24.420 vests the Planning Commission with the authority to hold a public hearing and render a decision on any application far a preliminary development plan for PUD, a tentative subdivision plan and a conditional use permit application. Notice of the public hearing was given in accordance with CPMC 1.24.064. (Attachment A}. A livable Law: CPMC 16.14.010 et seq.- Tentative Plans CPMC 2'7.24.010 et seq.- R-2, Residential Two-Family District CPMC 1'7.68.410 et seq.- Planned Unit Development CPMC 17.'76.024 et seq.- Conditional Use Permit ~ ~ s' ~.~ Discussion The City approved a preliminary development plan far Beebe Woods in May 2fl03 and the first of four final development plans (one per phase} has also been approved and is under canstrczctian. This proposal is an amendment to the anginal plan and adds Phase iV which further subdzvides the Layton property. The agent far the applicants {Craig Stone cot: Associates} has prepared and submitted an extensive report which staff has reviewed and endorses {see Attachment B}. The Commission is encouraged to read through the applicant's report to arrive at their conclusions. This is a straight- forward proposal and one that was actually contemplated during original discussions about Beebe Wands. There is not a let far planning staff to add without being redundant. Conditional Use Permit CPMC I'7.28A3fl lists Planned Unit Developments as a conditional use in the R-2, Residential Twa-Family Zoning District. Rewired Findings far a Conditianal,Use Permit ~'onditional uses require special consideration so that they may be properly located with respect to the objectives of the zoning title and their effect on surrounding properties. The Planning Commission in granting a Conditional Use Permit must fznd as fellows. A. That the site far the prapased use is adequate in size and shape to accommodate the use and to meet all ether development and let requirements of the subject zoning district and all ether previsions of this code. ^ The parcel far this proposed amendment has an area of 0.$7 acres. The proposal is consistent with the Central Paint R-2, Residential Two-Family zoning district requirements. anal the Comprehensive Plan housing density for this area. ^ The applicant is creating 6 tax lots, increasing the overall number of lots in Beebe Woods to 108. The residential density for the R-~ zoning district is a maximum of 12 units an acre, In this case the applicants could build up to 116 units. The proposal is targeting an owner occupied market. B. That the site has adequate access to a public street or highway and that the street ar highway is adequate in size and condition to effectively accommodate the traffic that is expected to be generated by the proposed use. ^ The lots will take their access from Live C3ak Loop. New trips are expected to disperse evenly between 8rookdale Drive and Uakview Avenue. C. That the prapased use will have na significant adverse effect an abutting property or the permitted use thereof. ~~ ~ ~_ . ~. ^ The proposed development if approved cvauld provide a less or equally intense development to adjoining properties an the north and south, Single scary, attached single family homes will border single family detached homes along the northern boundary. D. That the conditions required for approval of the permit are deemed necessary to protect the public health, safety, and general welfare. ^ Rogue Valley Sewer Service confirms that sewer service can be provided to the site. The grivate street system is acceptable to Fire District #3. Planned Unit Development A preliminary development plan has been approved for this site and this is a simple amendment to that plan. An application far final development plan must be submitted within six months of this approval. CPMC 17.68.410 states that the purpose of planned unit development (PUD} is to gain more effective use of open space, realize the advantages of large-scale site planning and the mixing of building types or land uses, improved aesthetics and environmental preservation. This is achieved with this amendment. The proposed PUD amendment is a single family residential development and consists of five lots, Each lot will be constructed with either a single family `attached' or a `detached' residence and each dwelling will provide adequate parking. There will be limited but sufficient on-street parking within the development. Strict Covenants, Codes, anal Restrictions {CC&R's~ will be written and enforced for the development by a Home ©wner's Association who will maintain common areas, private streets and the park. The Public Works Department has reviewed the preliminary development plan for compliance with the City's water, storm drain and transportation standards. Findings of Fact & Conclusions of Law Size o, f PU.L~ site A PUD shall be on a tract of land five acres or larger, except that a PUD may be on a tract of land more than one acre but less than five acres if the planning commission finds, upon a showing by the applicant, that a PUD is in the public interest because one or more of the following conditions exist: A. The property is adjacent to or in the immediate vicinity of a planned unit development of similar design as that proposed and the developments would complement each other with significant adverse impact on surrounding areas. ^ The site is adjacent to the Packwood Village PUD- which is also zoned R-2 and includes attached single family, owner occupied homes an smaller tax cats. This phase is an extension of the previously approved Beebe Woods Planned Unit Development. ~ .U . satisfied. This type of develapment requires only a tentative plan review in newer TQD sections of the Central Point M~rnicipal Cade. C. The location, size, design and operating characteristics of the PUD will have minimal adverse impact on the livability, value or appropriate development of the surrounding area; ^ The preliminary development plan is consistent with the zoning in the surrounding area. The proponents have stated that the development will prc~vr'de a gr~ality living experience fvr Central Paint residents filet are presently u~:derserved. D. That the proponents ofthe 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 final approval of the project and any necessary district changes, and intend to complete said construction with a reasonable time as determined by the Commission; ^ The applicants have a successful history of building homes in the valley and intend to start construction as soon as possible. E. That traffze congestion will not likely be created by the proposed development or will be obviated by demonstrable provisions in the plan far proper entrances, exits, internal traffic circulation and parking; ^ Ali of the units will eventually access onto 8rookdale Avenue and f~amrick Road, a secondary arterial, ar onto 4akview Avenue and Meadowbrook Drive which can handle the existing and proposed vehicle trips, F. The commercial development in a PUD is needed at the proposed location to provide adequate commercial facilities of the type proposed; ^ There is no commercial development proposed within this development. .Car. That proposed industrial development will be efficient and well-organized with adequate provisions for railroad and truck access and necessary storage; ^ There is no industrial development proposed within this development. H. The PUD preserves natural features such as streams and shorelines, wooded cover and rough terrain, if these are present; ^ The preliminary develapment plan depicts private, 25 feat streets which allow far larger green areas, street trees, and internal walk. ways. I. The PUD will be compatible with the surrounding area; ^ Beebe Wood Village is compatible with the surrounding area to the degree it is innovative, oriented toward an owner-occupied market and provides a quality living v~ ~~ experience. The development is similar in design, architecture, and lot size to Packwood Village. This proposal is a simple amendment to Beebe Foods Village. J. The PUD will reduce need for public facilities and services relative to other permitted uses for the land; ^ The development will result in a more efficient use of public services and will eventually encourage the use of walking paths and other alternative forms of transportation. Plazzz~in~Commission Action The Planning Commission may take one of the following actions in regard to the preliminary development plan {amendment) for Beebe Woods Village. 1. Adopt Resolution No.~, approving conditional use permit, preliminary development plan and PUD boundary expansion for Beebe Wood Village, Phase 1V, based on the findings of fact and conclusions of law contained. in the record and subject to the recommended conditions cif approval as set fort in the staff reports; or 2. Recommend denial of the conditional use permit, preliminary development plan and PUD baundazy expansion for the Beebe Wood Village, Phase IV based on findings of fact articulated by the Cornznission; or 3. Continue the review ofthe conditional use permit and preliminary development plan at the discretion of the Commission. Attachments; A. Notice of Public Hearing B. Applicant's Staff Report C. Planning Department's Recommended Conditions of Approval 1tCZ'CHSI~CITY WI3a~l~'LANIN~104034.J~CJC fl ;_i !~ ~7~~t~C~tf~~tC~ (` `'~.t q4 k Ur z .I'LANN~NG D~P.~RTMENT -t „r ~~ ,~ Tom Ilumphrey, AICP Punning director Ken Gerschler Community Planner David Aivord Community Planner 33ave Arkens GIs Technician Lisa Morgan Planning secretary Nol~ice of IVleeting Date of N©ticee 4etober 12, 20Q4 Meeting Date: November 2, ~~t34 Time: `7:(~fl p.m. Approximate} Place: Central Point City Hail 1 S5 South Second Street Central Point, Oregon City of CentNal Point NATURE C?F MEETING Beginning at the above time and place, the Central Point Pla~.ning Commission will review a Planned Unit Development, Tentative Plan and Conditional use applications that would amend the previously approved Beebe Woods Planned Unit Development by including a 4`h phase near the northwest corner ofthe project. This proposed 4~ phase would add six additional lots (one with an existing home} to an adjacent tax lot and. would not change any other elements of the original P.U.D. approval. The subject parcel is in the R-2, Residential Two Family District and is identified in the records ofthe Jackson County Assessor as Map 37 2W {}1CB, Tax Lot 2flCl. The properties are located on the east side of Plamrnrick Road {446Q Hamm~.~.ck Road}, north of East Pine Street and south of Vitas Road. The Central Point Planning Commission will review the applications to determine if all of the requirerr~ents of the Central Point Municipal Code can be met. If the Commission determines that the applications meet the City's standards, an approval for the ~l`h phase could. be issued. This action is discussing whether the City should allow a 4`~ phase to be added to the previously approved Beebe Woods Planned Unit Development. The Planning Commission will not be discussing issues relating to the approval of the previous phases. Pursuant to ORS 19'~.7E~3 {3} {e}, failure to raise an issue during this hearing, in person or in writing, or failure to raise an issue 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. '-~ I4TOTZCE TCJ MQRTGAGEE, LIENIIOLDEI2, VENDC)R C?R SELLER: OI2.S CHATTER 215 REQUIRES THAT IF YC}U RECEIVE THIS NOTICE ~'~" MUS`T' I3E PR©MI'"fLY F(~RWARDEI) Td THE PURCTIASER. This notice is being maned to property owners within a 200 foot radius of subject property. CRITERIA FOR DECISION The requirements for the review of Planned Unit Developments, Tentative Plans and Conditional Uses are set forth in Chapters 16 & 17 ofthe Central Point Municipal Code, relating to General Information and conditions on the application approval. PUBLIC COMMENTS 1. Any person interested in commenting on the above-mentioned land use decision may submit written comments up until the close of the meeting scheduled for Tuesday, November 2, 2004. 2. Written comments pertaining to the proposed Phase N of the Beebe Wood P.U.D. maybe sent in advance of the meeting to Central 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 Hated above. Any testimony and written comments about the decisions described above will need to be related to Phase IV of the Beebe Wood P.U.D. 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, 1.55 South Second Street, Central Point, Oregon. Copies of the same are available at I S cents per page. 5. For additional information, the public may contact the Planning Department at (541.} 664-3321 ext. 292. SUMMARY ©F PR+aCEDURE At the meeting, the Planning Commission will review the applications 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 to the criteria set forth above. At the conclusion of the review the Planning Commission may approve or deny the applications as submitted. City regulations provide that the Central Point City Council be informed about all Planning Commission decisions. ~~ ~~ 155 South Second Street ~ Central Point, OR 97502 !~ (541} 664-3321 ~ Fax: (541} 664-634 I.-I-_p__ I_ -; ~.t ~ ~ ~} t Ifs CF~r~~rzt~ ``~ ~` BEFORE THE PLANNING COMMISSION FOR THE CITY OF CENTRAL POINT STATE OF OREGON IN THE MATTER OF A PRELIMINARY PUD PLAN AMENDMENT, CONDITIONAL USE PERMIT, AND TENTATIVE PLAT APPROVAL FOR THE ESTABLISHMENT OF A REVISED PUD BOUNDARY FOR THE APPROVED BEEBE WOOD PUD, ON LAND OWNED BY ERMA AND CORDON LAYTON, LOCATED EAST OF HAMRICK ROAD AND NORTHWEST OF GIVE OAK LOOP IN THE CITY OF CENTRAL POINT, OREGON Galpin, LLC ;Applicant PROPOSED FINDCNGS OF FACT AND CONCLUSIONS OF LAIN Applicants' Exhibit 1 NATURE OF THE APPLICATION Land use matters covered in this application package {entitlements for Beebe Wnod Village a Planned Community} involve approximately 0.871 acres. The land, presently awned lay Erma and Gordon Layton, is located east off Hamrick, northwest of Live flak Laop, north. of Biddle Rnad and south of Beebe Road in the City of Central Point. Applicant Galpin, LLC has the written authorisation by the owners of the property to seek approval by the City of Central Paint far the following entitlements: ^ Planned Unit Development {PUD} Boundary Revisions ^ Conditional Use Permit ^ Tentative Plan for a Padlat Subdivision Develapment~ Specific authority exists in Oregon law to file consolidated land use applications. Pursuant to Oregon Revised Statutes {ORS} 191.'763, this application package was deemed complete under the requirements of the Central Paint Municipal Code {CPIVIC} at the time the applications were first submitted. t The entire Beebe Wood PUD is approximately 9.65 {8.78 acres for the original Beebe Wood PUD + (1.87 acres for the subject property}. z Padlat development is governed by Central Poixzt Zoning Clydinance {Zt3} 17.60.210, which provides that padlots are exempt from the lot area, width, depth, yard, setbaclr, and lot coverage requirements. Craig A. Stone & Associates, tfd. ~ ~ Page t October 2004 Beebe Woad Planned Unif Development Amendment Cify of Central Pt~inf, Oregon Oalpin, LLC: Applicant PRC}J~CT INFC?RMATIfJN The following background information pertains to the this project Projecf Viernify a~act Nisfoty The property is located within the City of Central Point's acknowledged Urban Growth Boundary on land located east off Hamrick Road, north of Biddle Road and south of Beebe Road. In 2(103, the City of Central Point approved the project then called, .Beebe YYood a Planned Community. ,Since approval, applicant has slightly changed the name of the project and it is no~v called, Beebe Nrvad Village a Planned Canamunity (also called herein, Beebe Wood Village Planned Unit Development or Beebe Woad PUD. Since approval, applicant has submitted improvement plans and construction of the infrastructure has been completed in same portions of the development, Applicant recently submitted a final subdivision plat for Phases 1 and 2 of the project, which is the southerly portion of the approved PUD. Final Plat approval was granted for Phase 1, Final Plat approval for Phase 2 is pending. Project f)verview Beebe Wood PUD Amendment will add and is intended to ba a fourth phase of Beebe Wood PUI~. Phase 4 will consist of 5 dwellings, The dwellings are attached in clusters of two and three units. All homes will be on individual lots #hat comprise 0.8'1 acres. Applicant seeks here to amend the boundaries of the Beebe Wood PU1~ to include the subject property in the PUD and make it part ofPUD Phase 4. ^ The subject property is to be developed with five attached single-family dwellings and one existing de#ached single-family dwelling and these are to be developed as par# of the already approved Beebe Wood PUD. ^ Applicant in#ends #hat the same design features that which were made conditions of the approval of Beebe Wood PF.TD, be established as part of this an7endmen#. These include provisions for two-story buildings with no windows for those buildings that abut the Parkwood Village development located north of the subject property. Housfng Housing: Proposed housing will consist of site-built two story dwellings, Four of the dwellings are attached in clusters of two and three. There is one single family dwelling which already exists and it is intended to be preserved and placed on a separate lot. Lots vary in size from 2,OS2 to 19,089 square feet. The attached dwellings will be constructed using azero-lot line configuration where a common wall of the units will be shared. The new attached dwellings are intended to be entry-level affordable housing. The existing home will remain. Craig A. Stone & Associates, Ltd. Page 2 October 20{}4 Beebe Wood Planned Unit Development Amendment City of Cen#raf Point, Oregon Galpin, LLC: Applican# The new dwellings will. be of two-story configuration. The existing home is single story. The design of the dwellings will be contemporary architecture consistent with already approved phases of Beebe Wood PUD, Each dwelling will have a garage designed fax twe automobiles. The dwellings that border Paxkwood Village will be designed so that na windows will be an the second scary portion of the buildings. Dwellings typical of those proposed, are shown in Exhibit ~. Typical dwelling lots are shaven an the tentative plat map in Exhibit 4. Project Entry It3.gress and egress to Beebe Waod PUD, will not change as part of this application. Access will be tram {)akview Avenue located at the northeast Corner and at Brookdale Avenue located centrally on the south boundary of the PUD property. Access to the proposed new parcels will be froze Live C}ak Loop, No direct access is proposed from Hamrick Road although the existing access serving the existing home is proposed to remain. Hamrick Road Project Frontage HaxnriCk Road is improved along the west boundary of the PUD properties with bike paths curbs and gutters. The existing vinyl fence will remain. The fencing will serve as visual screening and provide sound attenuation far the future residents of the subject PUD. Vehicular CircufatiQn and Access The existing network of private streets will remain unchanged. The property will be served by a fully gridded network ofpz-ivate streets that will be Constructed to the City's Transit Qxiented l~eveloprnent ("TtJD"} standards far Courtyard Lanes. The streets will be 2'~ feet wide, which will aCCOrzunadate two eight foot travel lanes and an eight foot parking strip. The remaining three feet will be dedicated to rolled Curbs and gutters. Pedestrian Access The existing network of pedestrian paths will not change as part of the application. Pedestrian access wall be provided by Concrete walkways that traverse the Gammon open space areas and that are intermixed throughout the development. ,See, Exhibit 3. There will also be Concrete paths that connect the driveways to the front entrees of each dwelling. Sidewalks will be provided along the frontage of the subject property along I~amriCk Raad. RELEVANT SUBSTANTIVE APPRQVAI.. CRITERIA The Criteria governing the land use actions as described hereinabc~ve far the R-2 Zoning district are set Earth below. Craig A. Stone & Associates, Ltd. ~ ~ Page 3 t?ctaber 2004 Beebe Woad Planned Unit Development Amendment City of Gentrat Point, Oregart Galpin, LLG: Applicant district are set Earth below: R-2, Residential 7`w~-Family C7istrict The criteria governing the approval of l~evelapznent in an R-2 Zoning District are set faith in Chapter 17.4 anal pravide: 17.24.020 Permitted uses. The following uses anci their accessary uses are permitted in the #~-2 district; A. Une single-fami#y dwelling 17.24.030 Canditianal uses. The foltowing uses and their accessory uses are permitted in fhe R-2 district when authorized by the planning commission in accordanae with Chapter 17.76: G. Ptanned unit developments in accordance with Chapter 17.68 Planned Unit ©eveiopment The Criteria governing the approval of Punned Unit Developments are set forth in Chapter 17.68.C?4C} and pravide: 17.68.040 Criteria to Grant or taeny a PtJp A. That the development of a harmonious, integrated plan justifies exceptions to the normal regtairements of this title; B. The proposal wilt be consistent with the comprehensive plan, the objectives of the zoning ordinance and other applicable pglicies of the city: C. The location, size. design and operating charactoristics of the PIJD will have minimal adverse impact an the livabitity, value or appropriate devetapment of the surrounding area; D. That the proponents of the Pl3C} have demonstrated that they intend to stark construction within six months of the final approval of fhe project and any necessary district changes. And intend fa complete said construction within a reasonable time as detern7ined by the Camrnissian: E. That traffic congestion will not likely be created by the proposed developrr,ent or will be obviated by demonstrable provisions in the plan far proper entrances. exits, internal traffic circulation and parking; F. That commercial development in a pin is needed at the proposed location fa provide adequate cor„n~ercial facilities of the tyt~e proposed: G. That proposed industrial development will be efficient and well-organized with adequate provisions for railroad and truck access and necessary storage; 1-t. The PUk7 preserves natural features such as streams and shorelines. wooded caner and rough terrain, it theses are present: I. The P1JD will be compatible with the surrounding area; J. The Pk1D will reduce need fo,~ pub6ie facilities and services relative to other permitted uses for the land. 17.68.080 Exceptions to zanEng and suE~dlvision titles. The planning commission may allow exceptions within a PtJC} for dimensions. site Coverage. yard spaces, structure heights, distances between structures, street widths or off-street parking and loading facilities differing tram the specific standards far the zoning district in which the PkJ[~ Craig A. Stone & Associates, Ltd. ~ ~ page ~ October 2004 Beebe Wood PEanned EJnit Development Amendment City of Centrat Poinf, Oregon Ga€p€n, LLC: App€icant is located. Exceptions steal( be based upon the app€9cant's demonstration that ttae Objectives of the zoninc} and subdivision titles of this Cade wi#t he achieved. A. When the spacing between main buitdings is less than the spacing which would be required between buildings developed under this chapter an Separate parcels outside a PtJD, other design features shat! provide light. ventilation and other characteristics ectuivalent to that obtained from ttae spacing standards. B. E3rrildings. off-street parking and loading facilities. open spaces. €andscaping and screening shat! Conform to the specific standards of the zoning district within fifty feet of the boundary Braes of the deveiopmerat. C. The planning commission may approue building heights greater than those authorized by tfae zoning district. The applicant shall demonstrate that: 1. The sulaject building{s) will not be within one hundred feet of abutting residential properly; 2. The increase in height will reduce the prices of dwe#ling units Offered for sate or rent; and 3. That additional natura# open space will be preserved or additiOnat Gammon recreationat areas will be provided. [~. The buitding Coverage for any Pt}C7 shall not exceed that which is permitted for other construction in the zone. 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 PtJD. Tentative approval of the preliminary development pion of a PtJD shall also constitute tentative approval Of a tentative plan under Chapter 1.10 if the materials are presented ire the manner prescribed by subdivision tine. 17.68.490 Accessory uses in a planned unit development 8. Private Park 17.6F3.110 Common open space. A. Qpen 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 devetopment, ~. The common open space is appropriate to the scale and character of the planned unit development. considering the PUD's size. density. expected popelation, topography and the number and type of dwetlings provided: 3. Common open space will he improved for its rntendcd use. although common open space containing natural buildings, structures and improvements in the common open space shall be appropriate to the uses proposed for the common open space; ~. The development sctaedule coordinates the improvement of the Common open space and the construction of buildings and other structures in the common open space with ttae constr~€Gtion 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 devP,loper provides a bond or other adequate asstrrance that the buildings, structures and other improvements have been completed according to the development plan. E3. t_and shown on the final developr-nent plan as common open space shall be Conveyed under one of the Following options at planning commission discretion: Gra'sg A, stone & Associates, Ltd. gaga 5 October 2804 Beebe Wood Planned Unit ~?eveloptnent Amendment City of Central Point, Oregon Galpin, LLC: Applicant 1. Ta a public agency which aclre:es to maintain tt7e car~naan open space and any buildings, structures or other improuements which Dave been placed on it; ?. Ta an association of owners ar tenants. Created as a nonprofit corporation under the laws of the state. w#~ich shal4 adapt and impose articles of incarparatian and bylaws and adapt a€~d impose a deciaratian of covenants anCf restrictions an the comrnan open space that is acceptable to the planning can3mission as praviCiing for tl}e contin€.aing care of the space:. Sr€ch an association sl3alr he formed and co€~tinued for the purpose of maintaining the cas-nman ataen stance. Camsa~on anen space not conveyed to a public agency shall he in addition to and not in lieu of fhe land derficatian or fee required in Chanter 1520. C. Gammon apen Space may only be prat to ~€ses specified in the final development plan. Na change of use allowed by amendrnes7t nay be considered as a waiver ai 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. L}. tf car~nman apen space is not conveyed to a public agency. the covenants governing the use, improvement and maintenance of car~nman open space shaft a~€tharize the city to enforce their provisions. Conditional Use Perr~aifs The criteria governing the approval of Conditional Use Permits are set forth in Chapter 1.7.75.040 and provide: 17.76.040 Findings and conditions. The planning commission in granting a conditional use permit shall find as follows: A. That the site far the prapased use is adequate in size and shape to accommodate the use and to meet all other deveiaprnent and lot rectuirements of the s~~aject zoning district and all other provisions of this code; B. Ttaat the site has adequate access to a public street or highway and that the street or hlghNray is adequate in size and condition to effectively accomrnadate the traffic that is expected to be generated by the proposed use; C. That the prapased ~.sse wilt have na significant adverse effect an abutting property ar the permitted use tl~ereaf. In n7aking this determination. the Commission shall consider the prapased location of ir»pravements on the site,; vehicular ingress, egress and internal circulation; setbacks; height of buildings and structures; walls and fences; landscaping: outdoor lighting; and signs; D. That tl7e establistanaent, maintenance or operation of the use applied for will Comply with local, state and federal health and safety regulations and therefore will not tae detrimental to the health, safety pr ges~e:ral avelfare of ;aersons residint, or ~njarkis~€g in the surrounding €~eighbarhaods and will not be detrimental or injurious to the property and imtaravements in the neighborhood ar to the general urelfare of the ca€nmunity based an the review of those factors listed in subsection C of this section; ~. That any conditions required far approval of the permit are deemed necessary to protect the public health, safety arrd general welfare anci may include: 1. Adjustrne3ats to #at size ar yarn areas as needed to taest accamrnadate the proposed use; pravsded the Oats ar yard areas conform to the stated minimum dimensions for the subject zoning district. unless a variance is also gran#ed as provided far in Chapter 17.f3C1, Increaslr?g stCP.G't wrdths, modsf€cat3ans #p street deSlgns G}C adCf€tran of stCE'et S€gns Or traffic signets to accommodate the traffic generated by fhe prapased use. 3. Adjustments to off-street parking requirements in accordance with any unique characteristics of the protosed ~€se, Craig A. Stone & Associates, Ltd. Page 8 £3ctol}er 2004 ~ ems.) E3eebe Wood Planned lJni# Devetapmen# Amendmen# Gaty of central Point, Oregon GaipSn, LLG: Apptlcanf -?. Regulation of point of vef~icular ingress and egress: ?. Requiring lanctscapis~sg, irrigation systems. 4ightincl antt a property r7~aintenance pragrarn. ~~. Regulation of signs and their locations. Requiring fences, berms. wads. Ear~dsctapint} to include trees and shruf~s, or other devices trf organic or artificial carrrposition to eliminate or reduce the r~;ffects of noise: vibs[~tios}s. odors, visual incorrrpatibility ar other undesirable effects are surrouradin~ properties. 8. Regulation of time tat operafios~s for certain types of uses if their operafiasas may atjversely affect privacy of sleep of persons residing nearby ar otherwise conflict with other con3muraity os neighborhood functions, 9. Establish a Time period within 1rihich ttae sub;ect tasad ~,se rrttrsf be developed. t o. Requirement of a bond tar other adequate assurance within a specified period of time, I t. Such other candifions that are found to tae necessary to protect the psttatic health, safety and general welfare. i?. fn considersng an appeal of an appticafion far a canditiona! use perr-nit for a iaan~e occupation, tl~e pEanning commission shalE review the criteria listed in Section 17.69.19Q (Ord. 1684 §72, 1993: Ord. 1615 X55. 2989: Ord_ 1533 §1 2984: Ord. 1436 §2(part}, 1981}. CV EVIDENCE St3BM1TTEU WITH THE APPt.iGATIC3NS Applicant has submitted the following evidence with these applications: Exhibit 1, Proposed Findings of Fact and Conclusions of Law (this docurrtent} Exhibit 2, PUD Plan Exhibit 3. Landscaping Plan Exhibit ~3, Tentative Plan Exhibit 5. Aerial Photograph Exhibit 6. Zoning Map Exhibit '7. Typical Dwellings Renderings Exhibit 8. Approved Beebe Wood. P~C.TD Plan Exhibit 9. Completed Application Forms and Power of Attorney Graig A. Stone & Associates, Ltd. ~ ~ Page 7 October 2(104 Beebe Wood Planned Uni# Developmen# Amendmen# Gity of Central Point, Oregon Galpin, LLG: Applicant STfPULATI4NS ©F APPLICANT Applicant, Galpin, LLC, herewith offers the following agreed to stipulations that it anticipates will be appended, as conditions, to approval afthe applications: 1, Utility Lines: All utility lines will be placed underground, except utility vaults, which will be placed above ground in the vicinity of the sidewalks as specified by Pacific Corporation {the regional supplier of electrical service}. 2. Street Trees: The type and general location of street trees will be consistent with the Landscape Plan {Exhibit 3}. 3, Lighting: Lighting will be installed to meet the requirements of City. 4. Signs: Applicant will apply separately for sign permits, pursuant to the Central Point Sign. Code. S, Dwelling Architecture: The architecture for the proposed dwellings is depicted in Exhibit '7. However, applicant herewith wishes to reserve the right to make architectural changes and the city will ensure that the same will comply with the city's applicable requirements when building permits for each dwelling or dwelling cluster are sought. The buildings bordering Parkwood Village will not have windows on the second story portions of the building. ~. Zero-Lot-Line llevelopment: Applicant herewith wishes to place the single-family dwellings adjacent to one or both side property boundaries as zero-lot-line dwellings. 7. Timetable for I}evelopment: The construction of dwellings in Phase 4 will coincide with development of the infrastructure to serve Phase 4 of Beebe Wood PUD, A Final Plat has already been recorded for Phase 1 and construction of dwellings within that area will occur in the upcoming months. A Final Plat application for phases two and three will be forthcoming in the next few months. After infrastructure is completed for phase four, a final plat will be filed with the city. S. Landscaping Irrigation: All common area landscaping will be served by an automatic underground irrigation syste;<n with cuff eient backflow prevention devices. 9< Exterior Lighting: All exterior pole lighting shall be shrouded so as to prevent light from directly shining upon adjacent lands, 14, Signs: Any project identification sign later proposed by applicant, will be sought under separate permit and comply with all sign regulations of the city. Craig A. stone & Associates, Ltd. ~ ~ Page $ October zoos Beebe Wood planned Unit Cevelopment Amendment city of Gen#rai Poinf, Oregon Galpin, LLG: Applicant ~~ PROPOSED FIN[71NGS OF FACT The Plarrrdng Corrunission finds the following facts to be true with respect to this matter. L Ownership and Authorization for Applications: The property is owned in fee simple by Cordon and Erma Layton. Gordon and Erma Layton have duly executed powers of attorney that enables Calpin, LLC, in its names, to seek and acquire the land use permits sought herein. The power of attorney also authorizes Craig A. Stone & Associates, Ltd. to function as the authorized agent of Calpin, LLC. See, Exhibit 9. 2. Ilescripti4n, Size and Value; Lot Boundary Adjustment: The property is identified by the Jackson County Assessor as Tax Lot 200, on map 37-2W-OlCB. The property has approximately 0.87 acres. According to the records of the Jackson County Assessor, the property has a land value of $92,246, and improvement value of $147,500. Tax Lot 200 is partially developed with asingle-family dwelling. 3. Location: The subject property is located east off Hamrick Road, north of Live Oak Loop and South of Beebe Road in the corporate limits of Central Point. 4. Comprehensive Planning anal Zoning: The subject PUD properties are designated Medium Density Residential -- 12 Units/Acre on the Comprehensive Plan Map. The subject property is zoned Residential Two-Family ~R-2}. The R-Z zone permits single- familydwellings. 5. Water Facilities and Services: There is an existing 12-inch water line within the Live Qak Loop private road common area and a 16-inch line within the Hamrick Road right-of way. The existing lines are owned and maintained by the City of Central Point. Uses within the development will be connected to the municipal water supply via these service mains that will generally be within the private streets within the PUD. The City of Central Point purchases water for its municipal system from the Medford Water Commission. According to Medford Water Commission engineers, the Medford system presently serves a population of +/-80,00(}, including customers outside the corporate limits of the City. The present maximum daily use is 4S million gallons per day (MCD~. The present source and distribution system has an existing capacity of 56.5 MCD. There is an additional water source capability of 35 MCD available. The present facilities are estimated by the Medford Water Utility to be adequate until 'Year 2050. 6. Sanitary Sewer P`acilities and Services: Presently the subject property has direct access to existing 8-inch sewer line is located within the Hamrick Road rights-of--way and a 8 inch sewer line is located within the Live C}ak Loop private road common area. The sewer lines are owned and operated by the Bear Creek Valley Sanitary Authority {"BCVSA"}. Sewerage wastes are treated at the Medford Regional Water Reclamation Plant, which is owned and operated by the City of Medford. Uses within the development will be Graig A. Sfona & Associates, L#d. Page 9 October 200A e ''~ ..~ J ~ -~- Beebe Wood Planned Unit Developt~tent Anr~endtnent City of Central Point. Oregon Galpin, E.LC: Applicant connected to BCVSA sanitary sewer lines. According to aim Hill of the Medford Engineering Department, sewage wastewater collected and transported by the Bear Creek Interceptor is treated at the Medford Regional Water I2eclama#ion Plant. Mr. I-Iill serves as the principal staff person in charge of operations a# the regional plant which is located near Bybee Bridge where Table Rock Road crosses the Rogue River, The plant serves the Bear Creek Valley Sanitary Authority {BCVSA) and the cities of Central Point, Jacksonville, Medford, Phoenix and Eagle Paint. A portion of the service charges levied on customers are allocated to treatment costs. The Regional Rate Committee as established in the September 23, 1955 Regional Sewer Agreement is authorized to set treatment charges and rates for the regional system. The charges and rate structures are reviewed annually by the Regional Rate Committee, and rate adjustments are made as necessary. Systems development charges are allocated to plant expansion. 11~Ionthly service charges levied on customers are allocated to treatment costs, equipment repair and replacement, and plant upgrades to meet changing regulations. The regional treatment plant was constructed in 1969-19'70. The present average dry weather plant capacity is 20.0 million gallons per day (MGD). The peals hydraulic capacity is 60 Iv1GD. Plant capacity was doubled be#ween years 1980-199U through several incremental expansions, A treatment plant facilities plan, developed in 1992, established a capital improvement program #o meet growth need to Year 2010. Average dry weather flow into the treatment plant was 1.3.2 MCrD in 1988, increasing to 14.1 MGD in 1994. Existing 1.997 flows are anticipated to be approximately 18.4 MCrD, The population receiving sewer service in 19$8 was '77,475. Sewer connections since 1988 have increased the residential population served by sewers to approximately 94,000. The regional plant has a capacity for a population equivalent of approximately 115,000, including comnxercial and industrial flows. The population forecasts by consulting engineers Brown and Caldwell, including analysis of rural as well as urban population densi#ies, estimate the ultimate popula#ion that the plant would serve at 190,80fl. 7. Storm Draiaage; There is an existing 12 inch underground storm drainage pipe loco#ed in the common area of the private road Live flak Loop. The subject property gently slopes and drains from east to west. Storm. waters from the impervious surfaces within the proposed PUD will be transported via underground pipes and diverted #o the storm drainage line in Live tJak Loop. From there, storm waters flow in a southerly direction with ultimate discharge into Bear Creek. 8. Streets and Traffic: The following facts relate to nearby streets and traffic: A. Access: The property has two points of access. The subject property will have access out of the Beebe Wood PUD from C}akview Avenue to the East and Brookdale Avenue to the South. Internally, Live Oak Loop will serve the subject property. ~3, Street Qwnersbip and Classification: Meadowbrook Drive, Oakview and Brookdale Avenues are City owned and maintained streets. Meadowbrook Drive is classified by Craig A. Stone & Associates, Lfd. Page 1a October 204A ~ Beebe Wood Planned Uni# Development Amendment City o€ Central Point, Oregon Oafpin, LLC: Applicant the City of Central Point as a collector street. The City classifies ©akview and Brookdale Avenues as local streets. Live C?ak Loop and all other streets within the Beebe Wood P~TD are privately owned and maintained. C, New Traffic Loading: Based upon the source reference, Trip Generation, Institute of Transportation Engineers {Sty' edition) single-family dwellings produce traffic at the rate of 9.55 vehicle trips on an average weekday. With 5 additional housing units, this project will produce 48 new vehicle trips on an average weekday. Approximately 1(3 percent of these, or 5 trips will occur during the p.m. peak hour. At its approval, the Beebe Wood PtTD was estimated to produce 974 vehicle trips on an average weekday. The total combined vehicle trips, including those for Phase 4, is 1,022 trips. 9. Electricity; Natural Gas; Telephone; CATV; Cellular Telephone; The subject property is served in adequate capacity by Pacific Corporation {eleetricity~, Avista Utilities, Inc. {natural gas), U.S. West {telephoned and CATV. 1f}, Solid Waste Disposal; Recycling: Solid waste collection, storage and recycling is provided by franchise through Rogue Disposal and Recycling,ln.c. 1 L Topography: The subject territory is nearly level with a slight grade that drains the property from east to west. 12. Permitted and Proposed Land Uses: The proposed residential uses within the R-2 zone includes five single family attached homes and one single family detached home. The single-family homes will be constructed on individual lots, each having between, 2,052 to 19,689 square feet, 13, Dwelling Density: Maximum density under the present zoning designation of R-2 is 12 dwelling units per gross acre. At maximum permitted density, the 0.8'~ acre subject property could be developed with 10 dwelling units. The proposed development has 6 total housing units, for a total density that is less than the maximum 10 units per acre. Qne of the housing units, the single family dwelling now exists. 14.Operating Characteristics of the PUD: The following individual uses within the Planned Unit Development will have the operating characteristics noted below: The single family dwellings are intended by applicant to be owner-occupied and will operate as will any other housing unit, the characteristics of which is a matter of common knowledge. 15. Value and Appropriate Development, It is herewith the testimony of applicant's agent, Craig Stone, that the based upon the location, size and design of the PUD, that it will ~ 10'7 residential single family units x 9.55 = 1021 ADT and trafOc from. the existing single family dwelling is included in this figure. Craig A. Slone & Associates, Ltd. page ~ ~ October 2004 .~, ~, ~! ~ Beebe Wand Planned Uni# Develaprnen# Amendmen# City a# Cen#raI Poinf, Oregon Galpin, i_LC: App(icanf produce no greater than minimal adverse impacts upon the value of land and improvements and appropriate development in the abutting and surrounding area. Mane's conclusions are based upon the fallowing considerations; The PLTD proposes appropriate screening in the form of fencing and/or fencing and landscaping around the west and north perimeter. ^ Dwellings along the north boundary, adjacent to an existing single-family residential subdivision {Parlcwood Village}, will all be of two-story homes designed so that no windows are allowed on the second story of the dwellings. The subject property has a circulation system that is safe, adequate and convenient. There is nothing about the PUD and the uses proposed which produce any adverse impacts other than those that are connnon and customary to urban development. While this project will produce additional traffic loading, the same is an anticipated and necessary product afplanned urbanization. 16. Surrounding Land Uses and Development: Based upon Exhibits 5 and '7, the following land uses are found to exist upon properties that are adjacent to the subject property: A. North; There is a new, existing subdivision located north and adjacent to the subject property. The subdivision lots average approximately 3,Oflfl square feet. Dwellings occupy the subdivision lots. B. South: Land to the south consists of the approved Beebe Wood PUD. Construction of the infrastructure has occurred and the City of Central Point has approved a Final Plat application for Phase 1 ofthe subject property. C. East; Land to the east consists of the approved Beebe Wood PLTD. Construction of the infrastructure has occurred and the City of Central Point has approved a Final Plat application for Phase l of the subject property. D. West: Land to the west {across Hamrick Road} is vacant land planned and zoned far commercial use. A recent Walzrzart application has been denied for the property. To the west (but further north} there are large acreage parcels developed with single-family dwellings. Cra4g A. Stone & Associates, E.#d. ~ Page 12 Oc#ober 2004 . w1 Beebe Wood Planned Unit Development Amendment Cify o€ Castfrat Poinf, Oregon Galpin, LLC: Applicant V~~ PRCtPt?SED CC}NCC.UStt~NS C}F ~!~-W 'The Following conclusions o£ law are based upon the findings o£ Fact in Section Vl and the evidence enumerated in Section ZV, and has been prepared so that the same may be adapted by the Planning Conrznission in support o£the pending applications; ~riterlon 7 R-2, Residential T4tra-Family l~isfriet The criteria governing the appravai of Deve#apment in an R-2 Zoning District are set forth in Chapter 17.24 and provide: 17.24.02fl Permitted uses. The fallowing uses and their accessary uses are permitted in the R-2 district: F. fine single-family dwelling 17.68.09p Accessary uses in a planned unit development B. Private Park 17.24.D3f} Conditianai uses. The fallowing uses and their accessory uses are permitted in the F2.2 district when authorized by the planning cammissit~n in accordance with Chapter 17.76: G. Planned unit developments in accordance with Chapter 17.68 Conclusions of Law; The Planning Cont~nission concludes that the proposed dwellings, while attached to one another in clusters o£ two and three, are single Family dwellings which are permitted uses in the R-2 zoning district. The Planning Commission concludes that Planned Unit Developments are conditional uses in an R-2 zone, The Findings o£ Tact and Conclusions o£ Law herein support the approval o£ a conditional use permit For the purpose of approving a Planned Unit Z)evelopment. Based upon the Foregoing Endings o£ Fact and conclusions of law, the Planning Cornn~ission concludes that the application is consistent with the requirements o£ Criterion 1 because all of the contemplated uses in this project are permitted or conditional uses that have been appropriately authorized pursuant to the relevant substantive criteria contained in the Central Point Zoning Clydinance (ZQ}. Planned Unit I~evelc~pment 17.68.020 Size of the Planned unit development site. A PUD shall be an a tract of land f€ve acres or larger. except that a Pt,1D may be an a tract of land or more than one acre but less than five acres if the planning commission finds, upon a shaving by the applicant, that a PUD is in the public interest because one car mare of the following conditions exist: Craig A. Sfons & AssoC'safes, Ltd. ~ ~-y ~'a`~E ~~ Ocfober 2pa4 ~ `mod Beebe Wood Planned Unit development Amendment City of Centrak Point, Oregon Gakptn, [.LC: Applicant C. The property is adjacent to or in the tmn~ediatc vicinity of a pkanned unit develo{ament of similar design as that proposed and the developments would complement carte other without significant adverse impact on surrotanciing areas: ~ 7.6f3.4Q Criteria to Grant or C~eny a Pl3C7. Criterion 2 A. That tk~e devela{7mer~t of a harmonious, integrated plan justifies exat;l~tions to the narmai rectuirements of this title: Cvuciusi©ns o'1 Law: The Planning Commission concludes that the proposed Pl_TD is an integrated harmonious plan far which the only proposed exception is use of a private street to provide access. Based upon the findings of fact in Section VI, the evidence enumerated in Section N and applicant's stipulations in Section V, the Planning Commission further concludes that the PUD plan has justified this exception to the normal requirements of the caning ordinance -Title l'7 of the Central Paint Municipal Code in compliance with Criterion 2, Criterion 3 8. The proposal wild be consistent with the corrrprehensive plan, the objectives of the zoning ordinance and other applicable policies of the city; Conclusions of Law: The fact that Criterion 3 requires consistency with the goals and policies of the comprehensive plan does not male all goals and policies decisional criteria. S`ee, Bennett v. City of Dallas, 17 4r LUBA 450, off d 9b C}r App 645 ~J.9$9}. In that and subsequent cases, the courts have held that approval criteria requiring compliance with a comprehensive plan does not automatically transform all plan goals and policies into decisional criteria. A determination of whether particular plan goals and policies are approval criteria must be based on the language used in the goals and policies and the context in which they appear. Plan goals and policies that are permissive rather than mandatory, or that merely encourage ar suggest a course of action, are also not approval criteria. Based upon the foregoing, the Planning Commission concludes that the following comprehensive plan goals and policies are appropriately construed and apply in this instance as approval criteria under .Bennett v. City of 17allas and those which are not cited and addressed below, are not, in this instance, approval criteria: Noise Policy 3. The City shall require property owners to master plan Sand use and design of new developments to control and minimize noise through such regt,irements as site orientation, buffering, distance separatiar~, insukation: or other design features. Conclusions of Law: The proposed project has been master planned and approved by the Planning Corrnnission. The Phase 4 portion of the project has, as its only potential source of noise, the dwellings themselves. Moreover, applicant has proposed substantial landscape screening and fencing to separate and buffer the adjacent lands heated outside the project boundaries. a5`ee, Exhibit 3. The existing six foot tall solid vinyl fence will produce sound Craig A. Stone & Associates, F_td. Pa e 14 Octot~or 2fl04 t,~ g Beebe Woad Planned Unit €7evelopment Amendment Gift' of Cenfra! Paint, C}regan Gaipin, LLC: Applicant attenuation. The Planning Commission concludes that these mitigation features seek. to control and minimize noise through use of the measures enumerated in Noise Policy 3. Therefore, the Planning Commission concludes that the land use applications are consistent with Noise Policy 3. Parks and Recreation Policy 2; ~'o provide an equitable distribution of recreation facilities throughout the Community to ensure the easiesl possit}ie access by a111oca1 residents. Conclusions of Law: 't'he Planning Commission concludes that the approved Beebe mood P~CTD has already proposed a private park in the southwest portion of the development and open space throughout, Therefore, the Planning Commission concludes that this project will provide for an equitable distribution of recreation facilities in this portion of the community. The Planning Commission also concludes, based upon the plans in Exhibit 2, that while the planned private park facility will be maintained by the owners of the project, it will be available for use and enjoyment by the general public. As such, its location at the southwest corner of the property, will make the park more accessible to people who live outside the project boundaries. Far these reasons, the Planning Commission concludes that this project provides for an equitable distribution of recreation facilities throughout the Community and will ensure the easiest possible access by all local residenr.~ in conformance with Parks and Recreation Policy 2. Parks and Recreation Policy 3: To enhance neighborhood and Community quality by providing for development of attractive, functional, and accessible parks and ope~~ space areas throughout the City. Conclusions of Law: Based upon the plans in Exhibit 2, the Planning Commission concludes that the planned park facilities within the already approved project are attractive, functional and accessible, and comply with the requirements of Parks and Recreation Policy 3. Site Development PoEicy 1: Ensure that al! new development is in conformance with City codes, as well as applicable state and federal requirements. anci Site bevelopment Policy 4: Ensure through the plan review process that all proposed developments are consistent with the Corr~prehensive Flan and are of the highest possible quality. Conclusions of Law: Based upon the foregoing findings of fact and conclusions of law, the Planning Commission concludes that the application is consistent with Site Development Polzcies 1 and 4 because the proposed development is in conformance with City codes and applicable state and federal requirements and are of the highest possible quality. Irz instances where there are exceptions to the strict regulations of the Zoning Ordinance, the same have been specifically authorized as part ofthis Planned Unit Development. Site Development Policy 5: Ensure that proposed development plans will not create obstacles to the future development of adjacent parcels. Canclusians ai' Law: Property north, south and east of the subject property, are fully urban developed as single family residential subdivisions. Land to the west is 1-lamrick Road. As such, the proposed development plans will not create obstacles to the future development of adjacent parcels, in compliance with Site Development Policy 5. Craig A. Stone & Associates, Ltd. Page 15 C}cfaber 24174 Beebe Wood Planned Unlf C?eveiopmenf Amendmenf City of Central Point, Oregon Gaipia> LLC: Applicaa# Gity Street I~evelopmenf Policy 7: Include considerations of bicycle and pedestrian facilities in all street improvements and in the design of new streets. Conciasions of Law: All planned private streets within the PUD, are improved to the city's T(~D standards for a courtyard lane. Comzxzon area greenways are planned with concrete pathways for pedestrian use. Therefore, the Planning Commission concludes that the application is consistent with the requirements of City street Development Policy 7. Summary Coineiusious of Law: Based upon the foregoing findings of fact and conclusions of law, the Planning Commission concludes that the application is consistent with the requirements of Criterion 2 because the proposal is consistent with the comprehensive plan, the objectives of the zoning ordinance and other applicable policies of the city. ~~~~x~~~~~~~~~~x~~~~~~~~~~~~>k~~~~~x>x~~~~~~~~~~ ~I`lf@t`ICilt ~ C. The location, size, design and operating characteristics of the p'Ug will have minimal adverse impact ors the livability, value ar appropriate development of the surrounding area; Gonclulsions of Law: The location of the PUD is shown in Exhibit 2, The size of the PLTD is established in the Findings of Fact in Section VI as being 9.65 acres total including 0.81 acres that is proposed to be added to the existing PUD as part of this application. The design of the PUD is shown in the plans at Exhibit 2. The operating characteristics of the PUD are set forth in the Findings of Fact in Section VL As to liveability, in tYlcCoy v. Linn County, 16 (fir LUBA 295, 3{11-~02 (1987}, affil 90 Or App 271 {1988}, it was held that a similar standard required the fact finder to identify the qualities and characteristics which constitute "livability" and determine whether the proposed use will cause more than a minimal adverse impact upon those. Based upon the evidence, the Planning Commission concludes that the qualities and characteristics that constitute "livability," in this instance, include a relatively quiet environment that is free from excessive traffic and unsafe conditions. The Planning Commission concludes, based upon the evidence and the location, size, design and operating characteristics of this PUD {as herein established}, that it will produce no greater than minimal adverse impacts upon the relatively quiet environment, which does not have excessive traffic or unsafe conditions, for the following reasons: 1. The subject property and surrounding area is planned and zoned to accommodate urban residential development, By its nature, sorr~e noise is produced by urban residential uses that, the Planning Commission concludes, are neither excessive nor offensive. The Planning Commission also concludes that levels of noise typical of an urban residential area, are not adverse impacts which more than minimally affect the liveability of the surrounding area. 2. As above described, the subject property is planned for urban residential development pursuant to the Central Point Comprehensive Plan. No change or amendment to the plan is required or proposed for this project. Moreover, traffic levels associated with the Craig A. Stoae & Associates, Ltd. +~ ~ Page 1B oc#Q@er 2004 ,c.,r *J Beebe Wood Planned Unit Development Amendment City of CentraE Point, Oregan Galpfn, E.~C: Applicant various forms al' planned urbanization have been taken into account as part of the legislative enactments that adapted the plan and its implementing ordinances. As such, the Planning Commission concludes that the levels of traffic that will result from this project are neither unplanned nor excessive. And, the impacts upon the surrounding area that will be produced by this development, will not result in impacts upon liveability that are greater than minimal. 3. Based upon the design and layout of this project (as shown by the plans in Exhibit 2} the Planning Commission concludes that it will not produce unsafe conditions that more than minimally produce adverse impacts upon the liveability of the surrounding area. As to appropriate development, based upon the Findings of Pact in Section VI, the Planning Commission concludes that all adjoining lands have been developed with urban uses. The Planring Commission herewith incorporates and adopts these findings of fact and conclusions of law made for plan Site f}evelopment Policy ~ and concludes, herewith, that the approval of this project will not produce a greater than minimal adverse impact upon the appropriate development of the surrounding area. As to value, based upon the Findings of Fact in Section VI, the Planning Commission concludes that the approval of this project will not produce a greater than minimal adverse impact upon the value ofproperty and improvements in the surrounding area. Based upon fihe foregoing findings of fact and conclusions of law, the Planning Commission concludes that the application is consistent with the requirements of Criterion 4 because (based upon the location, size, design and operating characteristics of the PUD} it will produce no greater than .minimal adverse impacts upon the livability, value or appropriate development of land and improvements in the surrounding area, ~~~~~~~~~~~~~~:~~~~~~~>kx~~~~~~~~~~~~~~~~~~x~~~ Criterion 5 d. That the prapnnents of the PUC} have demonstrated that they intend to start canstrt~ctian within six months of the final approva# of the project and any necessary district changes. Anti intend to cam~lete said construction within a reasanat~le tis~se as determined by the commission; IConclusio>~ES Qf Law: Based upon applicant's stipulation in Section V, the Planning Commission concludes that applicant intends, and has already demonstrated, that construction of Phase 1 of this project has begun and that final plat approval has been granted by the City of Central Point. The subject property will be added to the Beebe ~rVood PUD, which has already been approved by the City of Central Point. Therefore, the Planning Commission concludes that the PUD is consistent with Criterion 5. Criferion 6 Craig A. Slone & Associates, Lfd- ~ ~ Page 1T Qctot>er 2004 Beebe Wood Planned unit DeveCopment Amendment Ci#y of central Poinf, Oregon Gatpin, LLC: Applicant IW. That traffic co~~gestian will not likely be created by the propased development ar will be obviated by demonstrable provisians in the plan far proper entrances, exits, infernal traffic circulatian and parking; Conclusions of Law: The Planning Commission concludes that while this project will produce additional traff c upon nearby streets, the traffic levels are neither unplanned nor do they constitute traffic congestion in the context of Central Paint's urban environment. These applications do not involve changes in comprehensive plan map designations ar pones, nor do they contemplate unplanned housing densities. The Planning Commission also concludes, based upon applicant's plans in Exhibit 2, that the design of the praject includes demonstrable provisions for proper entrances, exits, internal traffic circulatian and parl~ing. Therefore, the Plazu~ng Commission concludes that the PUD is consistent with Criterion b. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~>k~~ Criterion 7 F. That cammercEai development in a PUD is needed at the propased locafion to provide adequate commercial facilities of the type proposed; ~. That propased industrial development will be efficient and well-organized with adequa#e provisians for railroad and truck access and necessary storage; Conclusions of Law: The Planning Commission concludes from the evidence that this propased development contains neither commercial nor industrial development. Therefore, compliance with Criterion '7 is established by reason of inapplicability. Criterion 8 N. The PUD preserves natural features such as streams and shorelines, wooded cover and rough terrain, if theses are present; Conclusions of Law: Based upon the findings of fact and the evidence, the subject property does not include any natural features {such as streams and shorelines, wooded cover and rough terrain). There are, also not jurisdictional wetlands present on the property according to the National Wetland Inventory. Therefore, the Planning Commission concludes that the PUD is consistent with Criterion 8 by reason ofinapplicability. Criterion 9 The PUD will be compatible with the surrounding area; Craig A. s#one & Associates, Ltd. ~ ~ Page 18 October 2004 Beebe Wood Planned t3nit Developt~ent Amendment: City of GenfraC Paint, Oregon GaEpin, LLC: Applicant Conclusions oi' I.aw; The surrounding area is depicted on the recent aerial photograph attached as Exhibit 7, As shown on Exhibits S and 6, the surrounding area consists of detached single-family dwellings on individual lots, located to the north of the subject property, To the East and South is the existing Beebe Mood PUD. Phase 1 of Beebe '~i~ood PI T1} has been platted and housing on the parcels is expected in 20f}4 arzd 24U5. Land to the west {across Hamrick Road) is presently vacant and planned for future commercial use. Existing residential development in the area is consistent with the residential housing densities and housing types anticipated by the comprehensive plan and zoning ordinance, The comprehensive plan anal zoning ordinance produces and anticipates a planned mixture of housing types and densities and the Planning Commission concludes them to 6e appropriate and compatible with the development planned to occur on the subject property, lvloreover, based upon the Findings ofFact in Section VI. ^ The PUD proposes appropriate screening in the form of fencing andlor fencing and landscaping around the west and north project perimeter. ^ Dwellings along the north boundary, adjacent to an existing single-family residential subdivision, will all be of two-story construction. There will be no windows along the second story of the buildings, so as not to infringe upon the privacy of the existing adjacent yard spaces. ^ The subject property has a circulation system that is safe, adequate and convenient. ^ There is nothing about the PUD and the uses proposed which produce any adverse impacts ether than those that are common and customary to urban development. _ ~Thile this project will produce additional traffic loading, the additional traffic is an anticipated and necessary product of planned urbanization and is not incompatible with the surrounding area. Therefore and based upon the foregoing findings of fact and conclusions of law and applicant's stipulations in Section V, the Planning Commission concludes that the proposed P~3D will be compatible with the surrounding area in compliance with Criterion 9. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~>x~~>k~~~~~ Criterion 7Q J. The PUQ will red~~ce Head for ptsl~lic facilities and services relative to other' permitted uses for the land. Conclusions of .Law: The findings of fact in Section Vl, describes the levels of public facilities and services that are available and necessary to serve the subject property. The Planning Commission interprets Criterion 14 to require a showing that the need for one {or more} public facilities and services is reduced by the PUD {in comparison to other permitted uses}. The Planning Commission also concludes that public facilities and services consist of Craig A. Stone & Associafes, Ltd. ~ page 19 October 20Q4 Beebe Woad Punned Unit Development Amendment City of Cenfral Point, Usegon Galpin, C.I,C: Applicant sanitary sewers, public water, storm drainage, streets and transportation and utilities, their installation, maintenance and upkeep. This PLC is to be served by private streets. As private streets, there will bt no requirement for future maintenance and upkeep at the public expense. As such, this P~CTD will reduce need for future public street facilities maintenance and upkeep services. Therefore, the Planning Commission concludes that the proposed PL1D will reduce need for public facilities and services relative to ether permitted uses for the land in compliance with Criterion 1(l. Criterion 1 ~ 1~7.68.fl8D Exceptions to zoning and subdivision titles. The p#anning carrtmission may allow exceptions within a PUt3 for dimensions, site coverage, yard spaces, structure heights, distances betth+een structures, street widths ar of#-street parking and loadirxg facilities differing from fhe specific standards for the zoning district in which the PUC? is located. Exceptions shal# be based upon the applicant's demonstration that the objectives of the zoning and subdivision tit#es of this code will be achieved. Coucl~isions of Law: The Planning Commission concludes that this project, in general, seeks few exceptions to the normal requirements of the city's zoning and subdivision titles. For areas where exceptions are sought, the Planning Commission concludes as follows; 1. The proposed dwellings are permissibly attached single-family dwellings. There is further authority to attach the dwellings as part of a padlot development, which this is. Specifically, padlot development -~--~- pursuant to zoning ordinate 17.6Q.21 Ct - is permitted in the R-2 zone and expressly requires the dwellings to be attached. Moreover, as a padlot development, the development is exempt from the lot area, width, depth, yard, setback, and lot coverage requirements that otherwise apply within the R-2 district. 2. The ordinary provisions of the zoning ordinance require each dwelling to have two off street parking spaces in a garage or carport. n this project, each unit has atwo-car garage with driveway apron space for two additional vehicles,. The Planning Commission concludes that sufficient parking is provided to meet the objectives of the city's Zoning and Subdivision {~rdinanCes. Therefore, the Planning Commission concludes that this exception is permissible. 3. The proposed streets, which internally serve the lots within this project, are private streets that permissibly deviate from the typical standards of the city. An additional exception is by way of the location of sidewalks. In this project, the sidewalks, rather than provided adjacent to the streets, are provided between the housing units. The Planning Commission concludes that the planned sidewalks provide for appropriate pedestrian circulation that is consistent with the objectives of the city's Zoning and Subdivision C}rdinantes. Therefore, the Planning Commission tontludes that this exception is permissible. 4. Based upon the foregoing findings of fact and conclusions of law, the Planning Conux~ission concludes that the application is Consistent with the requirements of Criterion 11 because, where; not otherwise permitted by the padlot provisions of the zoning Craig A. Stone & Associates, Ltd. ~ Page 20 Qcto6es 2444 Seek#e Wood Planned Unit 17eveiapment Amendment Ci#y of Central Point, Oregon Gatpin, €_LC: App€ican# ordinance, the exceptions to the Zoning and Subdivision titles of the Central Paint lvlunicipal Code have been demonstrated to achieve the objectives of the said Code'1'itles. Conditional flee Perxrrit Criterion 92 17.T~.OAO Findings and conditions. The planning commission in granting a conditional use permit shall find as follows: A. That the site for the praposed use is adequate in size and shape to accommodate the use and to meet all other development and lot requirements of the subject zoning district and all o#her provisions of this code; Conclusions of Law: The Planning Commission concludes that, other than exceptions from the typical standards of the Central Point Zoning Ordinance and Subdivision Ordinance that are permissible and which have been approved as part of the Planned Unit Development, this project meets all other development and lot requirements of the subject 12.-2 zoning district and all other provisions of the zoning ordinance. The Planning Conunissian also concludes, based upon Bxhibits 2 and 3, the Findings of Fact in Section VI and applicant's stipulations in Section V, that the site far the praposed use is adequate in size and shape to accamrnodate the use. Therefore, the Planning Commission concludes that this application is consistent with Criterion 12. Criferion~t 3 S. That the site has adequate access to a public street or highway and that the street or highway is adequate i€~ size and condition to effectively accommodate the traffic that is expected to be generated by the proposed rase; Conclusions of Law: As set Earth in the Findings of Fact in Section VI, Phase 1 of the subject property development, has adequate, e~.isting access to Qakview and. Broakdale Avenues, paved city street with curbs, gutters, concrete sidewalks and streetlights. Qakview connects to Meadawbroak Drive and Brookdale will connect to Meadowbraak Drive and lrlamrick Road, bath streets that are fully improved to urban standards with asphalt paving, curbs and gutters. fn the case of Flamrick Road, it also has designated bicycle lanes on bath sides of the street. Based upon the findings of fact in Section VI, the Planning Commission concludes that with development of the planned streets in Beebe tiVaad PUD, this site (Phase 4) has adequate access to a public street which is adequate in size and condition to effectively accannrnadate the traffic that is expected to be generated by the praposed PUD revision, which includes six dwellings, five of which will be new. Therefore, the Planning Commission concludes that this application is consistent with Criterion 13. a The original Beebe "4vood PUD was estimated to generate 974 vehicle trips a day. The subject property is estimated to generate 57 additional trips, for a fatal of 1031 average vehicle trips a day. Craig A. Sfone & Associates, Ltd. "~ (~ Page 2t October 20Q4 tI Li Beebe Wood Punned Unit Development Arner~dment City of Centre( Point, Oregon Oalpin, LLC: Applicant ~~~~~}k~:~~~~k~k=t~~k=k~~k~~k~~k~k%k~~k}k~~~k~k5k~k~=~k~k~~k~k~~:~k~sk Criterion 14 C. That the proposed use will Stave no significant adverse effect on abutting property or the permitted use thereof. In making this determ#natian, the commission shall consider the proposed location of improverrtents on the site, vehicular ingress, egress and internal circa#ation; setbacks; height of buildings and structures; walls and fences Eandscaping; outdoor lighting; and signs; Conclusions of Law: In its consideration of the application, the Planning Carnrzaissian has examined the potential far adverse impacts upon abutting properties and reaches the fallowing conclusions of law: l . Location ai` Impravemea:ts: The locations ofthe planned improvements are shown an the plans in Exhibit ~. There is nothing in the location of the improvements that serves the produce impacts (which rise to the level of significant) upon any abutting property or the permitted use thereof 2. '4rehicular ingress and Egress: The locations of planned paints of ingress/egress {access) are shown on the plans in Exhibit ~. The property has two paints of access: 1) From Live tJak Loop by way of Oakview Avenue {which was stubbed into this property to accommodate its planned extension) by way of Meadawbraak Drive, and 2) by the Erookdale Drive west to connect with Hamrick Read. There is nothing in the location of ingress and egress for this project which will produce impacts {that rise to the level of significant) upon any abutting property or the permitted use thereof 3. Internal Circulation: The planned internal circulation system is spawn on the plans in Exhibit 2, The Plaru~ing Commission concludes from the evidence that the circulation system is adequate and appropriate to transport vehicles, bicycles and pedestrians. There is nothing in the internal circulation far this project that will produce impacts {that rise. to the level of significant) upon any abutting property or the permitted use thereof 4. Setbacks: The locations of the planned improvements are shown on the plans in Exhibit 2. ~Thile net required of padlot developments, the planned dwellings generally observe the otherwise required setbacks of the R-2 zoning district and are appropriate. There is nothing in the planned setback of buildings that serves the produce impacts {which rise to the level of significant} upon any abutting property or the permitted use thereof 5. Building Height: The design of the planned dwellings are shown in Exhibits 2, 3 and 7. There is nothing in the planned setback of buildings that serves the produce impacts {which rise to the level of significant} upon any abutting property ar the permitted use thereof &. Walls and Fences: There is an existing solid vinyl fencing along the west and north property boundaries. The existing fencing separates the subject property from the existing urbanization, which is contiguous to the subject property. There is nothing in the way of Craig A. Stone & Associates, C.td. Page 22 October 2DDa Beebe Woad Planned Unit Development Amendment City of Cantrat Point, Oregon Caipin, LLC: Appticant fencing {or walls} which serves the produce impacts {which rise to the level of significant} upon any abutting property or the permitted use thereof. ']. Landscaping: Based upon the Exhibit 3 Landscaping Plan, all portions of the property not occupied by dwellings, streets, driveways and pedestrian paths, is intended to be fully landscaped. There is nothing in the planned landscaping which serves the produce impacts {which rise to the level of significant} upon any abutting property or the permitted use thereof: 8, OutdQOr Lighting: Applicant has agreed to stipulate that exterior pole lighting will be shrouded cuff ciently so that it does not cast direct light upon adjoining properties. If the exterior pole lighting is shrouded pursuant to applicant's stipulation, there is nothing in the pla:rined exterior lighting improvements that serves the produce impacts {which rise to the level of significant} upon any abutting property or the permitted use thereof: 9. ~igus: The Planning Commission concludes that no signs are proposed at this time. Applicant has agreed to apply separately for sign permits and to comply with the regulations of the city. if the city's sign regulations are observed, there is nothing in the way of signs that will produce impacts {which rise to the level of significant} upon any abutting property or the permitted use thereof. 1{}. Based upon the foregoing findings of fact and conclusions of law, the Planning Conunission concludes that the application is consistent with the requirements of Criterion 14 because the proposed project will have no significant adverse effect on abutting property or the permitted use thereof, based upon the Planning Commission's consideration of proposed location of improvements on the site, vehicular ingress, egress and internal circulation, setbacks, height of buildings and structures, walls and fences, landscaping, outdoor lighting, and signs, Criterion 15 C}. That the establishment, maintenance or operation of the use applied for will comply with local, state and federal health and safety regulations and therefore wi11 not be detrirr~ental to the health, safety or general welfare of persons residing or working in the surrounding neighborhoods and will not be detrimental or in}urious to the property and improvements in the neighborhood or to the general welfare of the community based on the review of those factors listed in subsection C of this section; Conclusions oi' Law: Plans for the proposed project are shown in Exhibit 2. The "operational characteristics" of this use - a planned padlot development/Planned Unit Development - are set forth in the Findings of Fact in section VI. Based upon the evidence, the Plarn~ng Commission concludes that the establishment, maintenance and operation of the planned project will comply with local, state and federal health and safety regulations. Therefore this project will not be detrimental to the health, safety or general welfare of persons residing or working in the surrounding neighborhoods and will not be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the community. Craig A. Stone & Associates, Ltd. Page 23 October 2004 c .~ Beebe Wood Planned Unit C3evelopment AmendrrtenE City of Central Point, Cregs~n Gatpln, Lt.C: Applicant In reaching this conclusion, the Planning Corninission has based its conclusion on the proposed location of irnpravernents on the site, vehicular ingress, egress and internal circulation, setbacks, height of buildings and structures, walls and Fences, landscaping, outdoor lighting, and signs. Cri#erion 16 E. That any aonditians required far approval of the permit are deemed necessary to protect the public hea#th, safety and general welfare and may include: 1, Adjustments to lot size or yard areas as needed to best accommodate the proposed use; pravidad the lots ar yard areas conform to the stated minimum dimensions #or the subject zoning district, unless a variance is also granted as provided far in Chapter 17.80, 2. Increasing street widths, modifications in street designs or addition of street signs ar traffic s€gnals to accommodate the traffic generated by the proposed use, 3. Adjustments to afif-street parking requirements in accordance with any unique characteristics of the proposed use, 4. Regulation of paint of vehicular ingress and egress, 5. Requiring landscaping, irrigation systems, lighting and a property maintenance program, 6. Regulation of signs and their locations, 7. Requiring fences, berms, walls, landscaping to include trees and shrubs, or other devices of organic ar artificial composition to eliminate or reduce the of#eets of noise, vibrations, odors, visual incompatibility orother undesirable effects an surrounding properties. 8. Regulation of time of operations for certain types of uses if their operations may adversely affect privacy of sleep of persons residing nearby ar otherwise conflict with other community ar neighborhood functions, 9. Establish a time period within which the subject fond use must be developed, 10. Requirement of a band ar other adequate assurance within a specified period of time, 11. Such other conditions that are found to be necessary to protect the public health, safety and general welfare, 12. In cansitfering an appeal of an application far a conditional use permit for a home occupation, the planning commission shall review the criteria listed in Section 17.60.190 {C1rd. '1684 §72, 1993: C7rd. 1615 §55, 2989: {ord. 1533 §1 2984: C}rd. 1436 §2{part}, 1981).1 Cazzclusians of Law; The Planning Commission concludes that these provisions, listed among the approval criteria, do not operate as tests prerequisite to approving an application. Instead, the provisions simply enumerate the various topics for which the Planning Commission is entitled to impose conditions. Therefore, the Planning Commission concludes that the application is consistent with Criterion 16 by reason of inapplicability. Craig A. Stone & Associates, ltd. ~ ~ Page 24 October 2004 Beebe Wood F'ianned unit i~evelop#~#ent Amendment C[tyof'Cenfra# Point, Oregon Galpin, LLC: Applican# ~~~~ ULTIMATE CC?NG~UStO~lS The Central Paint City Planning Conunission ultimately concludes that the proposed Land use applications which seep approval of l~ a Planned Unit Development {PUI.~), 2) a Conditional Use Permit, and 3) Tentative Plan for a Padlot Subdivision Ilevelop~nent are compliant with all of the relevant substantive standards and criteria contained in the Central Point Municipal Code and ether standards in state and federal law, Respectfully submitted on behalf of applicant. CRAG A. STC3N:) ~ ASS4CIA.TES, L`l'D. Craig A. Stare & Associates, Ltd. 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RANGE 2 WF,ST. Wlti L1#ETTE MERiIt1API ~,. -^ -_-t-._____L__..._.,..3_..____,~_»»y-rj ; 1 i i I m t i ip~a # CITY 0~' CENTRAL POINT. JACKSON COUNTY. OREGRN $ t ~ F •. _ __ __~____~ R.____,~;_____,• ~ ~ ~7 ~w is - TL raao. ~~aa & isaa •- __________________.._____BROUKI,irtLE l7 . (PROAGISED -XT~NS/ON) M ~ .ttiGHAIiD TE2dPLIN LdND .STI7tYEYTNG ~ P.R BOX r44B 848-?Q32 JACKSLWVlLCE, QPEGQN PROFESS OVAL 3 wrC-l2pp "" -~ 'J s EANI} SVRVEYCft _________ _____________., ~ ~ REV, DATE: SEPTEMBER 26, 20x4 -,.___.._...,._...~__,__..__....~...__._.,.__- n~ « k1T,2: 'aP teat +eP26.G.~" N J1tY 6, 1Ctp ~ RICHARD G. 1EtiPUH „ EOR: GLAPIN II.C M A ExPdtES P.O, 80X $273 uxE 30. 2006 HETiPORD, OR. 875pE _ PAGE 2 QF 2 ~.. , ,°,_ ~° VtFIN~',~y~°t'W+Yt~ ~z ~ .tt s+i"aN+~'+t%fiM° ~swr~'a ~IaMac+'~F W~ ~ asNM1 ~~,y~y~pVytn'f[MYN'PfSR`~MW~ pK ax4N`Fi'F4M!]sM/tea'*`Ae,11Ss!'~,TWT~''~'~'~~~ ~.ypF7„~MxT44~~oi"A~aii'SCi~'~~ y~T~K~ jr{',7..1}-:."`~~ C~~t Ica Q~~~ ,~ y p t((Y Yt CCH f 4k" A W '~'i~ 1~t4 M+ltll`~tRx~3 ~ ~ Attachment ccC~h RECOMMENDED PLANNING DEPARTMENT CONDITIONS OF APPROVAL 1. A final development plan, containing in final form the information required in the preliminazy plan shall be submitted to the City within six months of approval or by May 2, 20{}5. A six month extension may be granted by the City upon the applicant's request and for good cause. 2. The project must comply with all applicable local, state, and federal regulations including, but not limited to, the Qregon Uniform Fire Code and Structural Specialty Code. 3. The applicant shall submit final parking, landscaping, lighting and sign plans to the City for approval as part of the final development plan. A suitable landscape and irrigation plan shall show the types of tree's, shrubs, and ground cover that will be planted and the irrigation for the development and maintenance of public greenways and the private park. 4. The applicant shall submit a copy of the Covenants, Codes and Restrictions (CC&R's} or any comparable agreement governing the use, maintenance and continued protection of the PUD as part of the f nal development plan. e3 1tCPCHSItCITY WIDEIC'LANNING104034.I)(7C ~: ~_ ., ,~ ~:;~~, ~} u. S '~_::' PLANNING DEPARTMENT STAFF REPC7-RT MEETING DATE: November 2, 2004 T4: Central Point Planning Commission FRAM: David Alvord, Community Planner SUBJECT: Public Hearing - To consider a plan fora 3 lot land partition at 1932 Scenic Avenue ~372W03AB Tax Lot 4100). Ap~licantl CJ-wner: Roger A. Smalley 1932 Scenic Avenue Central Point, Oregon 9502 A ent: Roger A. Smalley 1932 Scenic Avenue Central Point, (Jregon 9'7502 Summary: The applicant has submitted a development proposal to subdivide 0.~7 acres of land into 3 residential lots. The proposal is located within an R-1-S, Residential Single Family zone. 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 Tentative Plan. Notice ofthe Public Hearing was given in accordance with CPMC 1.24.060. Applieabie Law: CPMC 16.36.01(} et seq. Major and Minor Land Partitions CPMC 17.20.010 et seq. Residential Single Family District Discussion• ~~ The applicant is requesting that a f}.67 acre parcel at 1932 Scenic Avenue be partitioned into 3 separate parcels (Attachment A}, CPMC 17.2(} requires that lots have a minimum area of 8,~Q0 square feet. These area requirements can be met by the applicant provided that the Planning Commission allow the applicant to use a 20 foot wide shared access easement that is located roughly in the center of the parent parcel. The shared access easement would be considered as being part of proposed parcel 3 but all three parcels would use the easement. The plan submitted. by the applicant shows an existing residence on proposed lot #1. The applicant intends for the home to remain there. Proposed lot #2 has a detached garage and. storage shed.. The applicant will remove the garage and the storage shed will be re-located, Proposed lot #3 has a shop building on it and this building will be removed CPMC 17.64.U4f1 specifies that there shall be two covered parking spaces per each one and two- family dwelling unit within the City of Central Point. Therefore, the applicant is required to provide a garage, carport or combination of the two that will meet this requirement for the residence shown on proposed lot #1. Construction of parkingfaeilities and removaUYelocatiran ~f existing buildings must be completed before final plat approval. Setback requirements for the lots wi11 be 2€~ feet for front lot lines, five feet for interior side yards, and 15 feet for the rear yard. To accommodate future widening and improvements along Scenic Avenue, the City requires a 10 foot section ofright-of-way along the southern property boundary to be dedicated to the City. Scenic Avenue is classified as a Minor Arterial Road. in the City of Central Point Transportation System Plan {TSP}, with a proposed right of--way width of seventy nine feet. The current right-of way of Scenic Avenue is sixty feet. Construction of curb, gutter, sidewalk and a landscape row adjacent to Scenic Avenue will be the developer's responsibility, The City does not allow Deferred Improvement Agreements for this section of Seenie Avenue; therefore the developer can build the improvements himself or pay the City to do the improvements for him. This will need to be determined prior to approval of the final plat. if the developer decides to proceed with full half-street improvements for the seetzon of Seenie Avenue that abuts the subject site then he will be eligible for System. Development Charge (SDC} reimbursement. There is an existing well located within the project boundaries. Public Works recommends the developer take one of the following two options: 1: I~eepr'ng the Existing; Weil: If the developer decides to keep the existing well, then it must be disconnected from arty existing structure that has water service, The well can only be used for irrigation purposes. All structures associated with the Smalley Partition must be connected to a City of Central Point approved water service and each must install aback-flow prevention device in order to preserve the public water system from potential contamination. 2: Abandoning; the Well: If the developer plans on abandoning the existing well, the developer must follow the rules and guidelines set forth by the E~regon Water Resources ~~ Department. C7ne of these options must Sae decided upon by the developer pt~io~ to final plat appr©val. Neighboring property owners were notified. by mail (Attachment B) and the Planning Department has not received any comments. The Planning and Public Works Departments reviewed the proposed minor land partition and concluded that it can comply with city requirements and all conditions of approval pertaining to site development, minimum lot sire, public works standards and specifications and access to public roadways {Attachment D) if the Planning Commission approves the project with the access easement. Rogue Valley Sewer Services, Jackson County Fire District Number Three and Jackson County Roads and Parks have been notified of this land use action but have not provided comments at the time the staff report was written. Findings of Fact and Conclusions of La~v Minor Partition CPMC 16.10.410 requires that applications for tentative plans be submitted with improvement plans and other supplementary information as may be needed to indicate the development plan. ^ The proposed minor partition satisfies the subdivision requirements listed in CPMC 16.36.030 and CPMC 16.36.040. CPMC 17.20.450 establishes minimum area, width and access requirements for the R 1, Residential Single-Family district. ^ Parcels 1, 2 and 3 of the proposed partition meet the area, width and access requirements for the R-1, Residential Single-Family District. Recommendation: Staff recommends that the Planning Commission take one of the following actions: t1CPCH511CITY WIDI;tPLANNIN~105006 SMALI.,IvY PAR.TiTION.DC}C ~~ Adopt Resolution l~Io.~, approving the Tentative Minor Land Partition of 3'7 2W 03A13 Tax Lot 41 f}0 subject to the recommended conditions of approval {Attachment C}; or 2. Deny the proposed Tentative Minor Land Partition; or 3. Continue the review o~'the Ten#ative Minor Land Partition at the discretion ol'the Commission. Attachxnents• A. Tentative Plat B. Notice of Public Hearing C. Planning Department Recomrz~ended Conditions of Approval D. Public Works staff Report 11C~'C~~s11Ci"I'Y wIL}EtP~.ANNING1050o6 SMALLEY PAl2TITiO1V.I7E7C ~~ 1 ., W Y,'Et.tS, JfAN=rTE 8. 1964 SCENIC AVE. CENT3RTAt.2 v41a~ a4 ~o a?sos BR4TTAN, CHARLENE TRUST G3.OR4A $RITTAN TRUSTEE 4436 CRESTWOt?D DR. CENT3R7AL2W 03AB 27407502 f MUi_OER, ft4CHAl20 TERR! 4030 CRESTW00 OR. 1 CENTRAL POINT, flR 97502 j 37 2W 03A6 2600 t .,.Lr ._..,.... ~..,. HUMT, 17ARYLf FULLMAN> R.J. 1912 SCENIC AVE. CENTRAL POINT, OR 97502 37 2w 03AB 420q 8i21TTON, THOMASjJULIANNE 1922 SCENIC AYE. CENTRAL P03NT, OR 97502 37 2W 03A8 4202 a i0 20 30 40 Saa1e 1" 20' Cankour interval 4,5' TENTATIVE LAND DIVIS30N PL.C}T PIAN I~OR ROGER A, SMAL.LEY 1932 SCENIC AVE. CENTRAL. POINT, OR 97502 I+OCATED IN NE1,/4, SECTION 3 T.37S., R.2W., W.M. JACKSON COUNTY, OREGON TAX L.OT 41 C}t~, MAP 37 2W O3A8 Own+r of R+card: Ra9u A. Smal!!Y f932 Sa+nia Av+nu• Gniml PaSnt, OR 97502 tfiaatian: Oltu!• 1932 Santa Av+nu+ Ntfif4, S+atton 33'.375. R,2W. W.-t. lrl++.wr! ItaP: ~- 410tj, 37 2~t 03A6 Aanaqu GNaia +29202 !q. tt. -0.872 acr4! Raad ^ 4040 !q. tt tart i ~ 8109 !q, it. - 0.189 aaru Wt 3.8704 +R• tL W 0.20! acn! tM9a0on Oiltrfat: Nan+ Snhoat pt+uiat: 0+rttrat Pa1nt $+w+r Dts4lat; Ragu! Yadsy Slw+r Dif9rat BuI€d3n9u ,t - f5dst4n9 Rpld+nal, pack 15.t', ror! ia.a', To rlmatn. $ - Gara9+, Peak i2.S', taw 9.0', Ta t» »mw«t or ralapaGd. 0 ~ Ted+b+p8+aatmmlaianld or a9+ltrad' Sar_Irrigai]an of yard tart No. 3. Q ~ Tot»matnlaTC; b t r+baat+tl.k E,0', nav- 5~4~, E ~ Tc r~imaln,wtssjturerar nsavpa~k t3.5'. eava 0,0', LESjECIs~ Fd. il2" 1. Paat ' ~~,r . I ~j ,: I"~ j 6" Deap PP 22770 ~ I ~ -' j t y ~0`a AA ,,,, ~ ti, -.. v. Fire Hydrant ''~,,,~ ``~-~~u'a `'` ~i,"~w_ 451 CENTRAL 37 30' tweR u+rlNOt,~ ..,~ . FouNa swo>vu>atarr -. ___ PROPOSED •` `"~. ,,, ~ -~•. ~ .-. -. -. -. - EOOE OF ORt+r'r:V1rtiY DISTRICT ~6 )RTH 2NCa NT, OR 97502 o3Ara 4400 r ~-,,, t.Rt~a stsavtinR ttAR4t.D L. CENt£R „r.,... Cut.YERr t/ 280A kavtd Las+a Aiadtard, 4R 975x4 ~ tt~ctnio ~1kfEft L y ~ Phona 541-535-t31tt8 Oroggan Cartlfiaate Na. 1671 rtiftaate Ranawat C}ata: i2/31/OS p .~. POwe#t POLE ~ R+n+xat 12j31/05 a ~+r,~ '.,I ' ~'rty a~' ~"en~;~al ~''orn~ PLANNING' DEPARTMENT Toni I~un~phrey, AICP Manning Director Ken Gerschler Conin~unity Planner David Alvord Coznn~unity Planner Dave Arkens GIs Technician Lisa Morgan Planning Secretary I~Totice of Public 1Vlecting Date of Notice: 0-ctober 12, 2004 Meeting Date: November 2, 2004 Timt: 1:00 p.m.l4Approximate} Place: Central Paint City Hall 155 South Second Street Central Point, C}regon NATURE 4F MEETING Beginning at the above time and place, the Central Point Planning Commission will review a minor partition application to create 3 lots. (One having an existing home} The subject parcel is in the R-1-8, Residential Single Family District and is identified in the retards of the Jackson County Assessor as Map 312W 03AB, Tax Lot 4100. It is located North of Stcnit Avenue, east of Dabrot Way and west of Rock Way. The Central Paint Planning Commission will review the minor partition application to determine if all of the requirements of the Central Point Municipal Code tan be met. If the Commission determines that the application meets the City's standards, an approval could be issued. Pursuant to DRS 197.163 {3} {e}, failure to raise an issue during this hearing, in person or in writing, or failure to raise an issue with suf~titnt specificity to afford the derision-makers and the parties an opportunity to respond to the issue will preclude an appeal based an that issue. NOTICE Tt} MORTGAGEE, LIENII4LDER, VENDOR 4R SELLER: 4JRS CHAPTER 215 REQUIRES THAT IF Y{JU RECEIVE THIS NOTICE IT MUST BE PRQMPTLY FORWARDED T(3 THE PURCHASER. This notice is bring mailed to property owners within a 200 foot radius of subject property. ~~ CRITERIA FOR DECISION ,'~ The requirements for minor partition review are set forth in Chapter 16 of the Central Point Municipal Code, relating to General Information and conditions on the project approval. PUBLIC COMMENTS Any person interested in commenting on the above-mentioned land use decision may submit written comments up until the close of the meeting scheduled for Tuesday, November 2, 24t}4. 2. Written comments maybe sent in advance of the meeting to Central Point City Hall, 155 South Second Street, Central Foint, OR 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, 155 South Second Street, Central Point, Oregon. 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 4F PR©CEIaURE At the meeting, the Planning Commission will review the application and technical staffreports. The Commission, will hear testimony from the applicant, proponents, opponents, and hear arguments on the application. If allowed, any testimony or written comments must be related to the criteria set forth above. At the conclusion of the review the Planning Commission may approve or deny the tentative plan as submitted. 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Tf~i ,. . 1lS~9 ~ r, ~. ~~ r :- Sig., r d h,~}~ ~ ti~ 1 ~~ Zt ~ Fx ~T i s yt~ Y ~ `1 3 i ~ t ' 3 ~, S } -. 4 ~ ~ (f(~3iMj ~ ~ ra. ~ a`.l _ ~ S ~ s i ~ r -4~~ C#5L77 t~7 1G.2A __ ` " ~ ' ~ Ali . ,. .,... . ~ ~~~ , -.. , . ~ -~ w -e---- ~r~-- t~ Cios~ Window ~ Pr~rit Window ,~ V htt~r:/Iwww.sznaz-map.orgisez'v1~~/cozn.esri.esz~map.Esriz~ap?ServiceNaz~ze-front coranter ... z}12~/ZQQ4 ATTACHMENT C PLANNING DEPARTMENT CflNDITIflN~ fly' A.PPRQVAL 1. The approval of the Tentative Plan shall expire in one yeah on l~lovember 2, 20{}~ unless an application far final plat or extension has been received. by the City. 2. The project must comply ~xrith all applicable local, state and federal regulations. 1~CPGHSItCI`T`Y' WII3ElPLANNINGIOS(~fl6 SMALI~~Y PARTITI©N.Dt~C a ~~ ~~~ cNT'n° It {~ ~ ~~~~`a.l ~ ~ lit ,~ ;---~-~.~.~ ,~ ~--~~- ~ Public Works I~epar~men~ PUBLIC` TITIQR.K~~' ,ST~,~,~ R~PC~RT Qctober 13, 2{}{}4 T43: Planning Commission FROM: Public Works Department SUBJECT: Public Hearing _ Tentative Partition for 37 2W 4)3AB, Tax Lot 41(}41 Smalley Minor Partition Applicant Roger A. Smalley 1932 Scenic Avenue Central Point, QR 9754}2 A~.,ent Same as applicant Property Descz~iptie~x~1 R-I-8 Zoning Purpose Robert Pierce Z)irector Rick Bartlett Sar,~ervisvr Claris Clayton Zleprsty.t)irectvr Mike Qrav Techrziciara Grey Graves Technician Karen Raeber Secretary ti` Mar arita ll~rnaoz ~ecretary X 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. -. u SrnalSey Minox Partition Smalley Minor Partition Special Regrrirerrrerrr`s Right-afway Dedication: An approximate 1 C~-feet section ofright-af way along the southern praperty boundary shall be dedicated far the widening and improvement of Scenic Raad. Scenic Road is classified as a Minor Arterial Raad in the City of Central Paint Transpartatian System Plan {TSP}, with a proposed right-ofway width afseventy nine feet. The current right-ofway of Scenic Road is sixty feet. 2. Street Improvements: Develaper will be responsible far constructing curb, gutter, and sidewalk and landscape raw adjacent to the Scenic Raad. Developer has the option of building the impravements or paying the City for the amount of the improvements prior to Final Plat Approval. No Deferred Impravement Agreements are allowed far this section of Scenic Road. If the developer decides to proceed with full half street improvements far the section of Scenic Road abutting the subject site then they are eligible for System Development Charge {SDC} reimbursement. 3. Driveway Zi ting Plan: The Public Works Department does not recommend standard street lighting for the driveway access to Smalley Minor Partition. I~Iawever, the Public Works Department suggests each residence be provided with an individual driveway lighting system. d. Storm Drainage Infrastructure: The developer shall develop a facility plan for the storm drain collection and conveyance system, which provides far run-off from and run-on onto the proposed development. It is the understanding of the Public Works Department that the storm drainage infrastructure will be a private system, operated and maintained by the property owners. 5. Fire Department turn-around: The developer shah design a vehicular turn around at the end ofthe private drive, per the standards and specifications of Fire District No. 3, prior to Final Plat approval. 6. Public Utilit,~ement: A ten-feet wide public utility easement paralleling Scenic Raad shall be dedicated an the Final Plat, The easement will be shown behind the area dedicated to the City of Central Point far street widening of Scenic Road {~'peeial Requirement 2}. Smalley lvllnar l'artztlon B..~Irarzdcrtirzg t7:e T~'ell: Sf the S~eveloper plans on abandoning the existing well, the developer must follow the rules and guidelines set forth by the Oregon Water Resources P}epartrnent. 8. Street Tree Plan; Prior to issuance ofthe final plat, 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 12,3G. Tree plantings shall have at least a 1 l~" trunk diameter at the time cif installation. All street trees shall be irrigated with an automatic underground irrigation system. ,Standard Speci~catioras grad Goals The Central Point Public Works Department is charged with management of the City's infrastructure, including streets, waterworks, and storm water drainage facilities. fn general, the Department's "Standard Specifications and Uniform Standard Details for Public Works Construction" sha11 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 ofthe development. The Department will listen to the developer's concerns and work with the developer to achieve the best outcome. However, the Department is nat obligated to assure a profitable development and will not sacrifice quality for the sole purpose ofreducing 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. .Uevelerpmerrt Plarrs - Itegrrired Irrfvrniatiors Review ofpublic improvement plans is initiated by the submittal of 3 sets of plans that are at least ., Sznaztey Minor Par#i#ion sanitary sewers, storm drainage calculations, storm drainage basin map, erosion control plan, utility and outside agency natifzcations and approvals. The plan may also include applicable traffic studies, legal descriptions anti a traffzc control plan. Public i~i'orks 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 full at the time the Public Works Permit is issued, except Public Works Inspection fees. After project completion during the final plat application process, the Public Works Inspector will calculate the appropriate amount of inspection 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 Director). S`tttalley .Minor Partition: -- Plans 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 ofplans 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 f eld. A mylar and digital copy of the final "as-built" drawings will be required before the final plat application is processed. ~'tnalley Minor Partition -Protection of Existifzg .Facilities The locations of existing facilities shall be shown on all applicable construction drawings for Public Warks projects as follows: l . The exact locations of underground facilities shall be verified in advance of any public warks construction, in cooperation with the public or private utilities involved. 2. All existing underground and surface facilities sha11 be protected from damage during design and construction of public warks projects. ~~ Smaltey Minor Partition l . 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 canned to and be a part of, or an extension of the City water system. All requirements ofthe dregon State Plumbing Speeiaity Cade and the C}regon State Health Department, as they pertain to Public Water Systems, shall be strictly adhered to. 2. The City of Central Paint Public Works Standards & Specifications should be consulted far specif c information regarding the design and construction of water system related components. Smalley Nfi~t~r Partitivre ---:Streets The Developer's street designs shall cansider the needs of people with disabilities and the aged, such as visually impaired pedestrians and mobility-impaired pedestrians. Every effort shauld be made to locate street hardware away from pedestrian locations and provide a surface free ofbumps and cracks, which create safety andmobilityproblems, ,Smooth access ramps shall be provided where required. All designs shall conform. to the current American Disabilities Act (ADA) or as adopted by the (7regon Department of Transpartatian {ODEjT), Qregon Bicycle and Pedestrian Plan. The determination of the pavement width and fatal 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 fu11y developed, Technical analysis shall take into consideration, transportation elements ofthe Comprehensive Plan, TUD, neighborhood plans, approved tentative plans as well as existing carnrnercial and residential developments. All street designs shall be coordinated with the design of other new or existing infirastructure, Smalley Miner Partitiarz - Stvrrrr brain 1. It shall be the responsibility ofthe Developer's Engineer to investigate the drainage area of the project, including the drainage areas ofthe 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 far the drainage area at ~~ Smalley Minor Partition ~. The City of Central Paint Public Works Standards & Specificatio~~s should be consulted for specific information regarding the design and construction of storm drain related components. Srr:alley Mirtar Partition -Rer~xrired Saabtxittais All design, construction plans and specifications, and "aswbuilt" 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}, Oregon Department of Environmental Quality {DEQ}, C}regon Division of State Lands {DSL}, C}regon L}epartment of Transportation {CJDCJT} approval for storm drain connection and easement, landscape berms, U.S, Army Corps of Engineers {AC4E}, affected irrigation districts, Bear Creak Valley Sanitary Authority {BCVSA}, and 7ackson County 12oad and Park Services Depat~ment {JC Roads}, DSL and ACME, as applicable {wetland mitigation}. 2. Fire District loo. 3 must approve all streets and water improvement plans in writing prior to final review by City PWD. 3. During construction, any changes proposed by the Developer shall be submitted in writing by the Developer°s Engineer to the City Public Works Department for approval prior to installation. ~,v ` ~.:f ' ,:~V~- ,, _ ~,,,, zr .y~ ~~y;. :~., ',~~f;;Y"~y:~ .~ru~,r. `~ ~.;~ ~, w~': °~~u;, ,¢rse4~ ~~;;,..; ~,,"<.~ i ~.~. =~ ;.~<:~~ <~t~~~~ '<,.,w -`~~~~~ r~~w-. "n ~ ~:,. ~; z~-`{~, m'•. ~. ~Ea~fr,, ~~~~:~; ..~+ `' ~~~:, PLANNING DEPARTMENT STAFF REPORT MEETING HATE. November 2, 2444 TO: Central Point Planning Commission FRONT: Ken Gerschler, Community Planner SUBJECT: Public Hearing - To consider a Tentative Plan for a '7 lot subdivision known as Hanley Dale located north between Hanley Road and Jackson Creek in the R-1-$ zoning district {Map 37 2W 1flCA, Tax I,t}t 644fl}. Applicant! owner: Ron Maddox 900 Poorrnan Creek Road JacksQnyil~e, Ur. 9'7530 Summary: The app€icant has submitted a development proposal to subdivide 2.56 acres of land into 7 residentia€ lots. Authority: CPMC 1.24.fl5fl vests the P€anning Commission with the authority to hold a public hearing and render a decision on any application for a Tentative Plan. Notice of the Public Hearing was given in accordance with CPMC 1.24.fl6fl {Attachment "A"}. Applicable Law: CPMC 16. l fl.41(} et seq. -Tentative Plans CPMC 1'].24 et seq. -Residential Sing€e-Family District Discussion The applicant is requesting that the Planning Commission approve a tentative plan to subdivide a 2.56 acre parcel into seven individual lots ranging in size from 14,118 to 18,285 square feet {refer to Attachment 44 A >11. Setbacks for the R-1-8 zone are 24 feet for the front lot line, 5 feet per story on the sides and 15 feet for rear lot lines. Iftwo-story structures are proposed there will be an increase to the side yard setback to14 feet. The maximum allowab€e height is 35 feet. Jackson Creek flows along the caster€y lot lines of 3, 4 and 5 and a special stream setback will require that structures not encroach within 25 feet of the tap of bank. Access to the lots would be from afifty-two foot wide public road connecting to Hanley Road. The Public Works Department has been working with the applicant to make some minor changes to the proposed street €ayout, particularly the distance between Quail Court and Hanley Circle where the City's standards require a minimum distance of 154 feet. The applicant has proposed for future right of way improvements. Public Works has requested the dedication of a ten foot 1lCPCHS11Ci`rY WIDE~PLANNING\(35007.DOC ~~ wide strip of land along Hanley Road and will require that curb, gutter and sidewalk be constructed as development occurs. The Rogue River Valley irrigation District, Jackson County Fire District Number 3 and the Rogue Valley Sewer Services {RVSS} have been notified of the this tentative subdivision. RVSS will work with the applicant in the infrastructure design and tie the development into existing sewer facilities in Hanley Road. Water service is spawn on the tentative plan. Fire Officials will require that the applicant provide a cagy ofmaps with hydrant location for review and approval by the district. Jackson County Roads and Parks will be involved in permitting the improved road approach far Hanley Circle. Findings of Fact and Conclusions of Law Staff suggests the following findings of fact and conclusions of law as applicable to the project and necessary for its approval. CPMC 17,20,OS0 establishes the minimum area, width anal access requirements for the R-1, Residential Single-Family District. All lots exceed $,400 square feet, interior lots are at least d0 feet wide and corner lots are 70 feet wide. 1. The project site is located in the R-1-8 (Low Mix Residential} coning district and consists of a tentative plan application for the subdivision of approximately 2.~6 acres into 7 separate lots. CPMC 1d,1.4,410 requires that applications for tentative plans be submitted with improvement plans and other supplementary information as may be needed to indicate the development plan. 2. The Planning and Public Works Depai~tinents have reviewed the tentative plan for the proposed subdivision and the findings of fact and determined that the project meets all City standards and requirements subject to the recommended conditions in Attachments C and D. Recommendation: Staff recommends that the Planning Commission take the following action: l .Adopt Resolution No. ,approving the tentative subdivision subject to the recommended conditions of approval, or 2. Deny the tentative subdivision; or 3, Continue the review of the tentative subdivision at the discretion of the Cornrnission. \iC~'CHS1tCiT`Y WII~~IPI..ANNINGtO50Q'7.T70C 55 Attachments: A. Copy of Tentative Plat B. Nance of Publz`c Hearing C. Public Warl£s Sta£`£'Report D. Planning Department Recommended Conditions ofApproval 11CI'CHS1tCITY WIDIfIF'LANNINGI4}S00'].UOC ~~ '+~.. 1~.,.+ k~ 13+ TT ~4 _ r 1 ~__.~ ~ ~_ t " ~ ~ ~ f ~ ~ ~ ~= t , ~ s~ 1~ 37RWis'iC~'"2;OIIR Y ,', YA&~ T i ~ } 5 "~ 1 4 !'~ l ~ {~ ~ 1 i { ~ ! } t n j t{ 7 ((f{ ~ ~ Sji ! t ; t i ~ t x ' '\ i i ~ tiii +., ; ( t { 5 .„ t S7Y OE~~ENX ttC~ "~ { ______~..._~ 14 t5i .ll 11''' ~ v~~ ~ ~ ~ # E,3~~ 4 ~[ ~ ~~ tV 1 ! > { -}, n ,„.,~~ t~ ~ C~~~~ ;~ ~ . ~~ ~ ~ 1 ~~ i 1 ~„~,, . F i ~ ~ ~ . ~ ~ 12.$x: Sy~~artr j{ i ~~4 ~f Y. 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'~~ 1 ~ t f( ~ ~ f i 0.69tt St2~ FT ~ ~+ 't ~~ r+ 1 ' r_ I a ~ 98,336 SQ FT i s M`~"~'x'~# ~ I T 9.977 SQ F7 i r ~ t } ~ f }.,~' } t '~ tjj ~ I I 1 1 t t ' I r /jt! t) t 7Q~ 7t3 + 1 , t --~ ~ ! /( 7 I;y'{1 1 ~J~' I ~, ' ~ 372if/i£?C-29Q5 r ~ 1hEbPNA, J{7AG7Ulh° fyffSYtVtA A ~ ~ J 4~ ~ !I ~ ~f' r ~~ (f ,~~pQO + ~ , ~~ r ~ ~ ~Jj iGxjy II ! j C~ 34' ~~ 1 ~CffJ} + k5'i t ~~~/1{ r ~~ P 1 Qr ~ j 4~ ,,e ~~~ ±~~~ r~ 1 ~~ ~~~ City of Central Point 1-'.LANNING DL`PARTll~-E`NT ~?~f~ ~f~ l~ ~"!~1 f `~`~ ~~ Tani Ilumphrey, AICP Planning Director Ken Gcrschier Community Planner David Alvord Community Planner Dave Arkens GIs 'technician ~Ot1C~ of ~11.~-~.iC ~Vle~til~~ Date of Notice; C}ctober l2, 20Q4 Meeting Date: November 2, 2004 Time. 7:04 p.rn. {Approximate} Place: Central Point City Flail 1S5 South Second Street Central Paint, Oregon NATURE 4F MEETING Lisa Morgan Planning Secretary Beginning at the above time and place, the Central Point Planning Commission will review a tentative plan application fora 7 lot subdivision known as ~-Ianley Dale. It consists of 7 single family residences. The subject parcel is in the R-1-$, Residential Single Family District and is identified in the records of the Jackson County Assessor as Map 37 2W 14CA, Tax Lot 6440. It is located North of Beall Lane, east of Hanley Road and south of Rosewood Lane The Central Foint Planning Commission will review the tentative plan application to determine if all of the requirements of the Central Point Municipal Code can be met. If the Commission determines that the application meets the City's standards, an approval could be issued. Pursuant to ORS 197.763 {3} {e}, failure to raise an issue during this hearing, in person or in writing, or failure to raise an issue 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. N(3TICE T£} MORTGAGEE, LTENHC}LDER, VEItiIDQR QR SELLER: !DRS CHAPTER 21.5 REQUIRES THAT IF YOU I:ECEIVE THIS NflT1CE JET MUST BE PROMPTLY FGIRWARDELI T4 THE PURCHASER. This notice is being mailed to property owners within a 244 foot radius of subject property. CRITERIA FC?R DECISIQN The requirements for tentative plan review are set Earth in Chapter 16 of the Central Paint Municipal Cade, relating to General I~iformation and conditions an the project approval. PUBLIC CQMMENTS 1. Any person interested in commenting an the above-mentioned land use decision may submit written comments up until the claw of the meeting scheduled far Tuesday, I~Iovember 2, 2004. 2. Written comments maybe sent in advance of the meeting to Central Paint City Hall, 155 South Seeand Street, Central Paint, OR 97502. 3. Issues which may provide the basis far an appeal an the matters shall be raised prior to the expiration of the comment period noted above. Any testimony and written comments about the decisions described abave 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 Paint, Uregon. 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 PRC}CEDURE 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. If allowed, any testimony ar written comments must be related to the criteria set forth above. At the conclusion of the review the Planning Commission may approve ar deny the tentative plan as submitted. City regulations provide that the Central Point City Council be informed about all Planning Commission decisions. 155 South Second Street !Central Paint, DR 97502 ! {541} 664-3321 !Fax: {541 664-6384 c~ ~_ < <i r `~ f ~~ n C ~~ `"""~ ~Y ~~ ~~ - I, CTY _, .,, ,r i ~- ~` ~,_~ ~~ ~ .~ I ~~ fn Y ~ 'N m ..Y ~r j I(T~ ..a ~r~l ~~, ~ ~ a' i ~~y m ~s :~ ~~' ~ ° ~ ..r j ~ ~~ ~ _ ~ ti 4 ~ ~~ ~ ~ -~. ,; ff, r i .~ `_ .. ,_ )~ ~/~~} r ; ~~,~o ~ 2•'I r~ ~, , ~ r ~ ; ~ ~, ,~ FS'~"'w~ -~3 :~-~•~ ~ h tv.' 2 l'aN ~r5 2yj ~~-~ ~, ~i"""I ^~, rlt ` ~ 1 E;~i f ~, ~ - r -' r -- ~rl~(~!! 4 ' ~ ~ i~}4yt ~ .1r~j f`~~ NYI~"~ •-1' ~ ~ .~yyfkrll,4[y~J 4 'i ~~ ;~i ^~_` I I_. 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":...,..1;I~`i 1. ,. ~.. _ ~~~-.. >~I ~:s~.., _: »il L .. ....u~` °~ `~ ~~~ ~~ ~~ ~ ~- ~; .~ -y' ,,~a of Central Point Public Wol°l~S PUB~,1~G` Y~QRKS STAFF R,~'PC7RT October ~ 9, 2(}{}4 TC}: FROM: SUB7ECT: Planning Commission Public Works Department Robert Pierce Ur`rector Rick Bartlett Supervisor Chris Clayton Delruty Director Mike ©rro Technician Greg Graves Techrziciarz Karen Roeber Secretary II Puhlic Hearing -Tentative Subdivision for 37 2W IOCA, Tax Lot 640 Marg~crre~a~r~ oz Hanley Dale Subdivision ~ Applicant Ron Maddox P.p. Box 123 Medford, dR 975fl1 Ate. Property Descn~tionl Zonin Purpose Same as applicant R-1-S Provide information to the Planning Commission and Applicant thereinafter referred to as "L`~eveloper") 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 DeveloperlEngineer regarding the proposed development. A City of Central Point Public Works Department StaffReport is not intended to replace the City's Standards & Specifications. StaffReports are written in coordination with the City's Standards & Specifications to form. a useful guide. The City's Standards & Specifications should be consulted for any information not contained in a Public Works Staff Report. 6~ Hanley Dale Subdivision Hanley Dale Subdivision Special Reguir~rnerrts Right-of-way Dedication: An approximate 10-feet section ofright-of-way along the southern property boundary shall be dedicated for the widening and improvement of Hanley Road. Hanley Road is classified as a Minor Arterial Road in the City of Central Point Transportation System Plan {TSP}, with apraposed right-of way width ofseventy-zaine feet. The current right-of=way of Hanley Road is sixty feet. 2. Street Imr~rovements: Developer will be responsible for constructing curb, gutter, and sidewalk and landscape raw adjacent to the Hanley Road. Developer has the option of building the improvements or paying the City for the amount of the improvements prior to Final Plat Approval. No Deferred Improvement Agreements are allowed for this section of Hanley Road. If the developer decides to proceed with full half street improvements for the section of Hanley Road abutting the subject site then they are eligible for System Development Charge {SDC} reimbursement. 3. Hanley Circle Street Design/Right-of Way: The applicant shows aproposedright-of--way of fifty feet for the proposed Hanley Circle, which is less than the standard street width for new public streets. The City ofCentral Paint Standards and Specifications and the City ofCentral Point Municipal Code Section 12.36 requires that any streets proposed as part of a new subdivision shall be designed with a landscape row. Because only seven dwellings are proposed as part ofthe application and the traffic generated from these dwellings is minimal the developer has the opportunity to select from three street designs: A. Standard Local Street: Required Right-of way width ofsixty-three feet {Drawing A- lA ofthe Public Works Standards and Specifications}. B. Alternative Local Street: Required right-of~--way width of sixty feet. {Table 300-1F of the Public Works Standards and Specifications} C. Alternative Minor Residential Local Street: Requiredright-of=way width of fifty-two feet {Table 300-1F of the Public Works Standards and Specifications} 4. Public Utility Easement: Aten-feet wide public utility easement paralleling the proposed Hanley Circle shall be dedicated on the Final Plat. S. Street Tree Plan: Prior to issuance of the final plat, 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 far the trees to be planted within the landscape taws. Plantings shall comply with Municipal Cade Section 12.30. Tree plantings shall have at least a 1 'lz" trunk diameter at the time of installation.. All street trees shall be irrigated with an automatic underground irrigation system. Hartley Dale Subdivzsiazt Star2dard Slreci~catioris arrcl Gauls The Central Paint Public Works Department is cl~argcd with management of tl~e City's infrastructure, including streets, waterworks, acid storm water drainage facilities. In general, the Department's "Standard Specifications and Uniform Stazidard Details far 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 #lie Public Warks Department. Central Point Public Works is committed #o warking with the Planning Department and developers to assure that all developments are adequately served by public facilities. Pzibhc facilities not awned or maintained by the City of Central Paint include: Power {PP&L}, Gas {Avista}, Communications {Qwest}, and unitary Sewer {RVSS}. In warking 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 wi#h the developer to achieve the best au#carne. However, the Department is not obligated to assure a profitable development and will not sacrifice quality for the sole purpose ofreducing cost to the developer. It is always the developer's obligation to provide the public improvements necessary, as determined by the Public Works Department, #o 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. ~7eveloprrterrt .Plans -- Requir•erl Irrforrrzatiori Review of public improvement plans is initiated by the submittal of 3 sets of plans that are a# least 95°lo complete. The plans shall include those ofother agencies such as Rogue "Valley Sewer Services and 3ackson County Roads Department. Following plan review, the plans will be returned to the Developer's engineer including comments from Public Works Staff. Irz order to be entitled to further review, the Applicant's Engineer must respond to each comment of the prior review. All submittals and responses #a comments must appear throughout the plans to be a realistic attempt #a result in comple#e plan approval. Upon approval, the Applicant's Engineer sha11 submit {4) copies of the plans to the Departixient 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 can#rol plan. Public Works I'ertnit 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 Warks Permit is issued, except Public W arks Inspection fees. After project completion during the final plat application process, the Public Warks Inspector will calculate the apprapria#e amount of inspection time to assess the developer. Eefore the final plat application is processed the developer must pay the relevant inspections fees and bond for any uncompleted impravernen#s {as determined by the Public Works Director}. Hantey Dale Subdivision Hartley .Dale Subdirisivrr -- Plar:s 1. Three sets of plans at 95°l4 complete stage are to be submitted for review by the Public Vi~orks Department. ~. Once approval is achieved the Developer shall submit four sets ofplans 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 tl~e final plat application is processed, .Hanley Dale Sul~divisian -- Prntectinrt of Existing Facilities The locations ofexisting facilities shall be shown on all applicable construction drawings forPublic 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 ofpublic works projects. 3. Any existing facilities not specifically designated for alteration or removals, which are damaged during construction, shall be restored or replaced to a "same as" or better than condition, at the expense of the Developer. 4. Suitable notice shall be given to all public and private utility companies in advance of construction for the purpose of protecting or relocating existing facilities. Hanley Rule Subdivision _ Yl~atet• C`anrrectior: 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 systcm facilities, which will connect to and be a part of, or an extension of the City water system, All requirements ofthe Oregon State Plumbing Specialty Code and the t)regon State Health Department, as they pertain to Public Water Systems, shall be strictly adhered to. 2. The City of Central Point Public Works Standards 8~ Specifications should be consulted for specific information regarding the design and construction of water system related components. ,Hanley .pale Sttbdivisiort --Streets ~~ Hanley Dale Subdivision 1. The Developer's street designs shall consider the needs ofpeople with disabilities and the aged, such as visually impaired pedestrians and mobility-impaired pedestrians. Every effort should be made to ideate street hardware away from pedestrian locations and provide a surface free afbumps and cracks, which create safety and mobility problems. Smooth access ramps shad be provided where required. All designs shall conform to the ezzrrent American Disabilities Act {ADA} ar as adopted by the dregon Department of Transportation {ODC}T}, C}regon Bicycle and Pedestrian Plan. The determination of the pavement width and total right-af way shalt be based on the operational needs far each street as determined by a technical analysts. The technical analysts shalt 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, TC:}D, 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. Hanley 1.7a1e Srcbdivision -- Sforttf Drain t . It shall be the responsibility of the Developer's Engineer to investigate the drainage area of the proj ect, including the drainage areas ofthe channels ar storm sewers entering anal 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 shad present satisfactory information to support his storm sewerage design. The engineer shall also be required to provide alt hydrology and hydraulic computations to the Public Works Department that are necessary to substantiate the storm sewer design. The storm water sewer system design shad be in conformance with applicable provisions ofQregan DEQ, DSL and C}DFW and. United States C©E and consistent with APWA Storm Water Phase TI requirements. 2. The City of Central Point Public Works Standards & Specifications should be consulted far specific information regarding the design and construction of storm drain related components. H`rtrzley Dale Subdivision -Required Sx~btstittats All design, construction plans and specifications, and "as-built" drawings shall be prepared to acceptable professional standards as applicable, the Developer shall provide copies afany permits, variances, approvals and conditions as may be required by other agencies, including, but not limited to Qregon Department of Fish and Wildlife {DFW}, Oregon Department of Environmental Quality {DEQ}, Qregan Division of State Lands {DSL}, C3regon Department of Transportation (C}D4T} approval for storm. drain connection and easement, landscape berms, t T.S. Army Corps of Engineers {ACC}E), affected irrigation districts, Rogue Valley Sewer Services {RVSS}, and Jackson County Raad and Parr Services Department {JC Manley Dale Subdivision Roads), D5L and AC~JE, 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 by the Developer shall be submitted in writing by the Developer's Engineer to the City Public Warps Department far approval prior to installation. ~~ ATTACHMENT D PLANNING DEPARTMENT CCINIIITI4N~ 4F APPROVAL HANL,F.,Y nAI,F ~,T1T~T}iVi~T(1N FTT.F (l~iltl? CHECK NC~MBER UESCItIPTION C3F CQNUITION I34X I of 6 The applicant will be required to submit an applicatiozz for fznal plat within one year of the tentative approval 2 of 6 The applicant shall comply with all federal, state and local regulations, standards and requirements applicable to the development and construction of the HANLEY DALE SUBDIVISI(JN. 3 of 6 The applicant shall inform all prospective purchasers or building contractors ofthe following setbacks and regulations. MAXIMUM STRUCTC7RE HEIGHT PERMITTED IS 35 FEET. SIDE YARD SETBACKS A~R.E S FEET PER STURY AS MEASURED FRAM FC}UNDATI©N. REAR YARD SETBACK IS MINIMUM 1 S FEET AS MEASURED FRCtM FC}Ui'~fDATION. A SPECIAL SETBACK OF 25 FEET MEASURED FROM TGP f~F BA.I~~K IS REQUIRED AL©NG JACKS{}N CREEK. FENCING ALONG THE CREEK MAYBE CQNSIDER.ED SUBJECT T© CITY APPRt~VAL. 4 of 6 Jackson County Fire District 3 Conditions leave been met. 5 of 6 Rogue Valley Sewer Services Conditions have beezz inet. 6 of 6 Public Works Department Conditions have been met. 11CPCHSIIC[TY WIDEtI~LANNINGtoSO07CQA.U~C ~~ '~ ~~ K.~ y~ A ~ j s.. W.,.~'~,.~Q" ~I d ~~(.~'` /~ ~~t,,r ,,yY ~ "~ ~ •~ ~ ~• k ~ :~ ~ '~ fi ~ ._, fa yw"'~, ~ ~ " ~`~' '4 -~ ~ ~~ ~ °'~ ~ .r ~ ' ^'"~ . ~ - . _ ~ .~ . t... . ~ , :. :..,__ ~,. ' .r ~ ~.w _,: r. . ~.. ~'~ ~ ~~ ~r. - 5 .4 ~ y ~ p' l ' ~ h r ,.., y C w t c ~ ~ ~ & '• ~~ r ~S ......,-. . ~. ... `~i ... ~.. ~. ~ M. ..' 4r {1 ~^~ . I`tl ~ h.. ~~ ~ ~ . -~ ~M ~ r ~.. ~v." C._ 2,:n V~ ~ :; ., ,: PLANNING DEPARTMENT STAFF REPORT HEARING DATE: Novcrrrber 2, 2004 TO: Central Point Planning Commission FROM: David Alvord, Community Planner SUBJECT: Final Development Plan -Ryan Csaflis {Countryside Terrace} P.U.D. Applicantl Owner: Ryan Csaftis 40b Riverside Avenue Medford, QR 9'7501 Agent: Neathamer Surveying 100 East Main Street, Suite N Medford, UR 97501 Fro er Descri~tianl 372W118D Tax Lots 11400 and 11600 ~--1.32 acres total. Zo~in~: R3, Residential Multiple Family Suznmary The applicant, Ryan Csaftis, requests the Commission review and approve the Final Development Plan. for Countryside Terrace Planned Unit Development. The site was preliminarily approved in April of 2004 by the Planning Commission {Attachment A}. Aatharity• CPMC 1,24.020 vests the Planning Commissionwith the ability to hold a public hearing and render a decision on any application for a final development plan for Planned Unit Developments. Noticing is not required for this application and the Commission may decide the matter without a public hearing. Applicable Law: CPMC 17.68.010 et seq. -Planned Unit Development CPMC 17.28.010 et seq. - R-3, Residential Multiple Family ~~ Discussion• CPMC Chapter 16.6 describes the requirement and application process for Planned Unit Developments. Initially, the applicant submits a preliminary development plan with maps des~ribing lot canf guration, property boundaries unique project characteristics and a schedule for planned. completion. If the plan is approved by the Planning Commission, the applicant is allowed a period of six months to provide the City with a copy ofthe Final Development Plan demonstrating that all of the conditions and requirements of the Preliminary Development plan have been satisfied. The Planning Commission will compare thePreliminary and Final Plans and decide whether to approve or deny the plan that is submitted. The City Council will review the Comtraission's decision at a subsequent meeting. The preliminary development plan for Countryside Terrace P.U.D. was approved by the Commission on April 6, 2004 subject to certain conditions ofapproval described in the staffreport, the conditions of approval, and the minutes (Attachment B}, It is staffdeterminationtbat all ofthe conditions ofapproval have been met, The applicant has built all of the improvements, widened the road to a minor residential lane, submitted copies of the Conditions, Covenants, and Restrictions ACC&R's} and submitted a landscaping plan(Attachment C}. If the Commission finds that these are consistent with the original approval then they can. approve the plan. The Public Works Department has submitted a memo stating the entire public infrastructure improvements have been satisfactorily completed {Attachment D}. Recommendation: Staff recommends that the Planning Commission take one of the following actions; 1. Approve the final development plan, Resolution No.612 based on the findings of fact and conclusions of law contained in the record and subject to the recommended conditions ofapproval as set forth in Resolution 612 and this staff report. 2. Deny the final development plan based on the findings of fact articulated by City Staff; or. 3. Continue the review of the final development plan at the discretion of the Commission. Attachzn,ents A. Resolution 612, approving the preliminary development plans for Countryside Terrace P.U.D. B, (Jriginal Planning Department conditions of approval. C. Final Plat Map, Conditions, Covenants and Restrictions and Landscape Plan D. Public Works Memo ~~ ~~fi~9cf-~t~~"au 7-- f`~tt PLANNING COMMISSION RESOLUTION NO.612 A RESOLUTION APPROVING A PRELIMINARY DEVELOPMENT PLAN AND SUBDIVISION KNOWN AS CSAFTIS PAD LOT A PLANNED UNIT DEVELOPMENT {Applicant {s}: Ryan Csaf~is {37 2W I 1 BD, Tax Let(s) 11400 8c 11600} Recitals 1. Applicant{s} haslhave submitted applications for preliminary development and tentative plan approval for a pad lot subdivision on a 1.01 acre site located. at the intersection of Freeman and Hopkins Roads in the City of Central Point, Oregon. 2. On, April 6, 2004, the Central Point Planning Commission conducted adult'-noticed public hearing on the application, at which time it reviewed. the City staff reports and heard. testimony and comments on the application. Now, therefore; BE IT RESOLVED BY THE PLANNING COMMISSION flF THE CITY OF CENTRAL POINT, OREGON, AS FOLLOWS: Section 1. Approval Criteria. The requirements for approval of planned unit development and tentative plans are set forth in the following chapters of the Central Point Municipal Code, relating to information requirements, zoning, lot dimension, access, and similar requirements. Section 2. Criteria Applicable to Decision., The Planning Commission finds and determines as follows: A. Chapter 17.28, Residential Multiple Family ; B. Chapter 17,6{}, General Regulations; C. Chapter 17.64, Off Street Parking and. Loading, and D, Chapter 17.68, Planned Unit Developments {PUD~. Section 3. Finding and Conclusions. The Planning Commission hereby adopts by reference all hndiz~gs of fact set forth in the City Staff reports, and concludes that, except where addressed in the conditions to approval, the application and proposal comply with the requirements of the following chapters of the Central Point Municipal Code; A. Chapter 17.28, relating to allowed used in the R-3, Residential Multiple 1?amity zoning district; B. Chapter 17.60, relating to paving and landscaping requirements; C. Chapter 17.b4, relating off-street parking and loading facilities; and D. Chapter 17.68, relating to Planned Unit Developments. Section 4, Conditional Approval The within application for a Preliminary Development Dian for a Planned Unit Development and subdivision is hereby approved, subject to the conditions set forth on Exhibits "A", "B" and "C", attached hereto by reference incorporated herein, imposed under authority of CPMC Chapter 16.36. Passed by the Planning Commission and signed by me in authentication ofits passage this 6th day of April , 2004. Planning Commission Chair ATTEST; day of April , 2004. Planning Commission Chair Planning Commission Resolution No. 612~(04062004~ ... Approved by me this 6th DL CYTC+a~n f~74~~~ f ~~t~"%~ '~~.~ tt ATTACIIIMENT PLANNING DEPARTMENT C{~NDITI(7~NS QF APPRpVAL CSAI{TIS TENTATIVE PUD PLAN. FILE 440f1 CAECK NiCMBER DESCRIPTION OT Cf}NDITItJN I3C}X I of I $ Prior to final plat approval, the applicant shad submit to the City a copy of the proposed covenants, conditions and restrictions (CC&Rs) for the CSAFTIS PUD. 2 of I $ The applicant shall comply with all requirements of affected public agencies and utilities as they pertain to the developmenf of the CSAFTIS PUD. Evidence of such compliance shalt be submitfed to the City prior to final plat approval. 3 of I $ The applicant shall comply with all federal, state and local regulations, standards and requirements applicable to the development and construction of the CSAFTIS PUD. 4 of I $ FRt}NT SETBACK IS MII~lIMT:-M I4 FEET AS MEASURED FROM F4UNDATIC}N TO PRUPERTY LINE, EXCEPT L(JTS I, 2,3 and 4 WHERE THE BCJILDING ENVELOPE CAN BE SHIFTED AS CLOSE AS 5 FEET TO PRESERVE EXISTING TREES. LOTS $, 9 and l0 CAN BE SHIFTED AS CLOSE AS 5 FEET TOWARDS FREEMAN ROAD. S ~,~ I $ FORTY(44~ARA.GES C?R CARPCJRTS PARKING SPACES MUST BE PRC}VIDED. 6 of 1$ SIDE YARD SETBACKS ~d~E 5 FEET PER STC3RY AS MEASI:~tED FROM FOUNDATION '7 of 1$ REAR YARD SETBACK IS MINII~!pJM 10 FEET AS MEASURER FROM FOC~NDATION $ of l $ MAXIMtirIVI HEIGI-IT PEI~~TTED IS 35 FEET 9 of` l8 The application shalt provide a MT~MtrEM LANDSCAPE ~dtEA WHICH IS 2~ PERCENT OF AREA. A LANDSCAPE HEDGE SHALL BE PLANTED ALONG THE REAR. PROPERTY LINES OF LOTS S and 6. (Check with Planning to see if landscape plan has been approved) I {} of I $ ARCHITECT`CTRE SHOULD INCLUDE COVERED PORCHES AND OTHER TOD ELEMENTS WHEN PRACTICAL. I 1 of I $ Jackson County Fire District 3 Conditions have been rnet. 12 of 1$ Rogue Valley Sewer Services Conditions have been net. 13 of 18 Public Works Department Conditions have been met. t1CPCHStICIT'Y WIDEir'LANNINGICONDI7'IC}NStI~A~'PRC}VACSAF`TIS.Dt7C t 14 of 18 The applicant shall submit an interior sidewail~ plan. 15 of 18 The proposed structures on lots 8, 9 and 10 shall be rotated to face Freeman Road. This condition is intended to create a TCJ17 style development that is pedestrian friendly. 16 of 18 A six foot high fence shall be instaliecl along the north and east boundary ofthis development. 17 of 18 A "tot-lot" play area shall be installed. within the development in an area that is of reasonable distance from the Meadows PUD where there are a large number of senior citizens residing. I8 of 18 The applicant shall take into consideration the placement of second story windows in relation to adjacent properties. The windows should not be positioned in a manner that would allow future residents to peer directly into the bacl~ yards of existing single story residents. 1tCPCHS]tCITY WIDEIP~,ANNING\COtdL7i'rIUNSOFAPPRf)VACSAFTIS.DC~C -=--- CITY (~3F C~NT~:AL Pt~~NT B~CTILI~II~G D~T'AF~.TMENT STAFF R.Et'OR.T APPLICANT: Name: RYAN CSAFTIS Address: 931 GOLF VIEW DRIVE Ci#ylStatelZip: MEDFORD, OREGON 87504 AGENT: Name; Address: CItylStatelZlp: OWNER OF RECORD: Name: Address; CItylStatelZlp: PROJECT DESCRIPTION; PAD LOT SUBDIVISION SCORNER OF FREEMAN AND NOPI~INS} 8 BUII~D1NGS {4 DUPLEX/ 4 FOUR-PLEX} BUILDING DEPARTMENT COMMENTS: 1. Private storm drain system must be reviewed by plumbing dept. 2. Street lighting cif any} must be reviewed by electrical dept. 3. Geo-tech report must be provided to verify compliance with IRC R401.2/R403.4 (must be lot specific} 4. Duplex units must comply with international residential code. Four-plex units must comply with Uniform Building Code. ~. Provide four sets of complete plans (inc. civil}. 6. Indicate compliance with flood plain requirements (see C.P. Municipal code 8.2~-} & F.E.M,A. Specs. 7. When plans are submitted, plan checl~ time can be estimated. CENTRAL POINT BllILDING DEPARTMENT Date: ~~~~`""i ~~ DECLAI~2ATIQN flF COVENANTS, CC?NDITIflNS AND RESTRICTIONS FflIZ COUNTI2.YSIDE TERRACE, A PLANNED COMMUNITY Tfl THE CITY flT CENTRAL POINT. THrS DEC11.~.RATIOI~ is made and executed. in Jackson Couzxty, Oregon, this , day of , 20Q4 Fy ,hereafter referred to as "Declarant". The City of Central Point has issued approval for Couzxtryside Terrace planned Unit Development located in the City of Cezxtral poizxt, Jackson County, Oregon. Tlxe real property is described on Exhibit "A" attached lxereto. NOW, THEREFORE, Declarant declares that the real property described. izx Exhibit "A" is and shall be held and conveyed suFject to easements, conditions and covenants hereafter set forth, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of said property. These easements, covenants arzd restrictions shall constitute covenants to run with the land and. shall be Finding upon all persons or entities claiming under them and also these conditions, covenants and restrictions shall inure to the benefit and Fe limitations upon all future owners of said property or any interest therein. Article I DEFII~IITIONS Section 1. "Association" shall mean end refer to an association consisting of all owners in the Planned Community, their successors and assigns. Section 2. "Common Area" shall mean all real property and appurtenances thereto, now or hereafter owned Fy the Association for the comrnozx use and enjoyment of the members of the Association. Section 3. "Lot" sha11 mean and refer to any separately designated. plot of land shown upon the recorded subdivision map of the property with the exception of the coznznon area. Section 4. "Member" slxali mean and refer to every person or entity holding membership in the association. Section 5. "Mortgage" shall mean a Deed of Trust or a Contract of Sale as well as a Mortgage. Section 6. "Mortgage" shall also mean a beneficiary under a Trust Deed or a vendor {seller) under a contract of sale. Section '7. "Owner" shall mean azxd refer to the record owzxer, wlxetller orze or zxxore persons or entities, of all or any part of said property but in tlxe ease of a sale under a contract, owzxer shall mean contract purchaser. Section 8. "Detlarazxt" shall mean azxd refer to tlxe uzxdersigzxed, azxd their successor, heirs azxd assigzxs. Article II MEMBERSfIIP Every person or entity who is a retard owner of a fee or undivided fee interest in any lot which is subject by tovenazxts of record to assessment by the Assatiatian, or in the case of sale under the contract, the contract purchaser, shall be a member of the Association. The foregoing is not izxtended to include persons or entities who hold an interest merely as security for the obligation. I~lo owner shah have mare than one membership per lot owned. Membership shall be appurtenant to and may not be separated from ownership from any Lot, which is subject to assessment by the Association. Owzxership of such Lot shall be the sole qualzfztation for the membership and shall automatically commence upon a person becoming such owner and shall automatically terminate when such ownership shall terminate or be transferred. Article III VOT1N0 R~GI-ITS Each lot shall be entitled to one (1}vote. Where one lot has one or more owners tlxey shall decide how their one vote shall be exercised. Under no eirtumstantes shall there be mare than (1}vote for each indzvidual lot. The Declarant shall be entitled to vote as tlxe owner of any lots retained by the Declarant, and the Board of Directors shall be entitled to vote on behalf of any lot which has been acquired by or on behalf of the Association; provided however, the Board of Directors shall not be entitled to vote in any election of the Board of Directors. When any lot is awned by two or mare persons, according to the retards of the Association, the vote for the lot may be exercised by any one of the owners present, in the absence of a protest by the to-owners}. In the event of a protest na one co-owner shall be entitled to vote without the approval of all co-owners. In the event of disagreement amozxg the to-owners, the vote far the lot shall be disregarded tozxzpletely in determining the proportion of votes given with respect to tlxe matter voted on. J .: AI2TfCLr IV PROPERTY 1Z1Gl~TS Section 1. Members' Property Rights: Every member of the Association shall have a right and easement of enjoyment in and to the area designated as Common Area. The easement shall be appurtenant to and shall pass with title to every lot. Section 2. Members' Easements of Enjoyment: Every member of the Association shall have a right of easement of enjoyment in and to the Common Area and such easement shall be appurtenant to and. shall pass with title to every lot; subject, however to tl~e following provisions: The right of the Association to limit the number of guests of .members permitted to use the common area; The right of the Association to charge reasonable admission fees far the use of any recreational facility or other improvement. The right ofthe Association in accordance with it's Bylaws to borrow money for the purpose of improving any Common Area and to encumber the Common Area for the purpose of financing the improvements. The right of the Association to suspend any members voting rights and/or right to use the Common Area, for any period during which any assessment against said member's property remains unpaid; for the period not to exceed (90) days for each infraction of it's published rules and regulations; The right of the Association to dedicate or transfer all or part of the Common Area to any public agency, authority or utility for such purposes and subject such conditions as may be agreed upon by the members. No such dedication or transfer shall be effective unless an instrument signed by members entitled to cast tl~ree- fourths of the votes has been recorded in the appropriate records of Jackson County, Oregon agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every member not less than thirty ~3C}} days nor more than ninety ~~(}) days prior to such dedication or transfer} The right of Directors of the Association to promulgate reasonable rules and regulations governing such rights of use, from time to time, in the interest of securing maximum safe usage of common area by the members of the Association without unduly infringing upon the privacy and enjoyment of tl~e owner or occupant of any part of said property, including, without being limited thereto, ~vles restricting persons under or over designated ages from using certain portions of tlxe property during certain times. Section 3. Delegation of use: Any member may delegate, in accordance with tlxe rules and regulations adopted from time to time by the directors, his or her right of enjoy~nez~t to the Common Areas and facilities to the member of his or her family, tenants, or contract purchasers, providing they reside on the property. Section 4. Title to the Corrunon Areas: The Declarant hereby covenants for themselves, their l~.eirs and assigns, that they will convey to the Association fee simple title to tl~e Common Area designated as such on the plat as recorded in tlxe Jackson County Official Records, upon sale of the lots. ARTICLE V COVENANT FOR 1'vIAINTENANCE ASSESSMENTS Section l .Creation of the Tien and Personal Obligation of Assessments: The Declarant hereby covenants for all of said property, and each owner of any Lot by acceptance of a deed or contract for purchase therefore, whether or not it shall be expressed in any such deed or other conveyance or agreement for conveyance, is deemed to covenant and agree to pay to the Association: Regular annual or other periodic assessments or charges; and, Special assessments for capital improverrzents, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The regular and special assessments, together with. such interest thereon and costs of collection thereof, as hereafter provided, shall be a charge on the land and shall be continuing lien on the property against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorneys' Fees, shall also be the personal obligation of the persoz~z who was the owner of such property at the tune such assessment became due. The obligation shall remain a liezx on the property until paid or foreclosed. Section ~. Purpose of Assessments: The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health., safety and welfare of the residents of said property and in particular for the improvement and maintenance of said property, services, and facilities devoted to this purpose and related to tl~e use and enjoyment of the Common area and of the Lots situated upon said property. Assessz~nents may not be waived due to limited or non-use of the common area. Section 3, Basis and maximum of annual assessments: Until January 1$fi of the year immediately following the conveyances of the first lotto an owner, the monthly assessnment znay be increased effective January 1$t of each year by the Directors of tlae Association as necessary to accomplish the duties of the Board of Directors and objectives of the Homeowners Association. The Declarant shall not be assessed for any unimproved lots held for resale. The assessments sl}all begin immediately following the conveyance of the lot{s} to an owner. Section 4. Special assessment for Capital improvements: In addition to the annual assessments authorized above, the Association may levy in any assessment applicable to that year only, for the propose of defraying, iz~ whole or in part, the cost of construction or reconstruction, unexpected repair or replacement of the described capital improvement upon the Common Area, including the necessary fixtures and personal property related thereto, provided that any such special assesszz~ent for structural alterations, capital additions or capital improvezxzezzts shall require tl~ze approval of athree-Fourths majority of the z~~zembers who are voting in person or by proxy at a meeting duly called for this purpose, written thirty ~3~} days not more than sixty (COQ} days in advance ofthe meeting set forth for the purpose oFthe meeting. This section shall not prohibit the Directors from ~~ authorizing capital expenditures far replacements or repairs ar improvements frozxz funds generated by regular assessments. Section 5. Uniform Rate of Assessment: Botlx regular periadz`c assessments and oily special assessments must be fxxel at a uniform rate for all Lots and may be collected oi~ an annual, quarterly or monthly basis at floe discretion of the Board of Directors. Section 6. Quorum for any action Authorized under Section 4: At the first n~ieeting called, as provided in section 4 hereof, the presence at the meeting of members or of proxies entitled to cast fifty-one {51 °la} of all the votes shall constitute to a quorum. If the required quorum is not forthcozxiing at arty meeting, set forth in section 4, and the required quorum at such meeting shall be twenty-five percent (25°l0} of all the votes. Section 7. Date of Commencement of Annual Assessments, Due Dates: The assessments provided for herein shall commence as to all Tots {other than unimproved lots held for resale by the Declarant} on the frst day ofthe month following the conveyance of the Common areas to the Association. The Board of Directors shall fix the amount of the regular assessment at least thirty X30} days in advance of cacti az~riual assessment period. Written notice of the assessment shall be sent to every owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall upon demand at any reasonable time furnished a certificate in writing signed by an officer of the Association setting forth whether the assessments on a specified lot has been paid. A reasonable charge may be made by the members for the issuance of these certificates. Such certificate shall be conclusive evidence of payment of assessment therein to have been paid. Not withstanding any other provisions contained herein the Declarant shall riot be assessed for any unimproved tots held for resale. Section 8. Effective of nonpayment of Assessments, Remedies of the Association: Az~y assessments which are not paid when due shall be delinquent. If the assessment is riot paid within ten {10} days after the due date, the assessment shall bear interest frozxi the date of delinquency at the rate of twelve percent (12°la} per anzium, and there shalt be a Five Dollar 05.00} late charge for each month that saki assessments are not paid to cover the administration expenses of keeping the books and billings for same. The Association shad have a lien against the properfiy as provided in ORS 94.74q. The Secretary of said Association shall file in the office of the Director of Records, County Clerk, or appropriate recorder of conveyances of 3ackson County, State of Oregon, within one hundred twenty (120} days after delinquency, a statement of the amount of any such charges or assessments, together with interest as a foresail, which have become delinquent with respect to any Lot of said property, and upon payiraent iii full thereof, shall execute and file a proper release of the Lien securing the sazrie. The aggregate amount of such assessment together with interest costs and expenses and a reasonable attorneys' fee far the filing azrd enforcemei~it tl-iereaf, shall constitute a Tien on the whole lot with respect to which it is fixed and on any impravezxients thereon, from the date of delinquency thereof' is filed in the office of said Director of Records or County Cleric or other appropriate recording off ce until the same loos been paid or released as herein provided. Such lien znay be enforced by said Assaciatian in the manzzer provided by law with respect to liens upan real property ~QI~S 94.709}. The owner of said property at tl~.e tune said assessment becomes dzze shall be personally liable far expenses, casts and disbursements including the reasonable attorneys' fee of Associatiazz or of Declarant, as the case may be of processing and if necessary, enfarciz~zg such liens, all of wt~.icl~ expenses, costs and. disbursements and attorneys' fees shall be secured by said lien, including fees appeal, and such owner at the time such assessment is incurred, shall also be liable far any deficiency remaining unpaid after tl~e foreclosure sate. No owner znay waive or otherwise escape liability far the assessments provided far herein by the non-use of the Gammon Areas ar abandonment of his lot or improvements thereon. Section 9. Subordination of the lien to Mortgages: The lien of the assessment provided for herein shall be inferior, junior and subordinate to tt~.e lien of any first {l~~} mortgages and trust deeds now or hereafter placed upan said property ar any part thereon in connection with the sale of said property shall not affect the assessment lien. No sale ar transfer shall receive such Lot and any improvements tlaerean from liability for any assesszrients or from the liezz thereof. Section 10. Exempt Pxoperty: The fallowing property subject to this Declaration shall be exempt Pram the assessments created. herein: All properties expressly dedicated to and accepted by a local public authority. The Gammon Areas; and, All other properties owned by the association. Section l l .Foreclosure of Liens far Unpaid Common Expenses: The Assaciatianz shall be entitled to foreclose a lien as provided in aRS 94.709 as it currently exists ar is amended form time to time. In any legal action brought by the Association to foreclose a lien an a lot because of uzrpaicl common expenses, the owner shall be required to pay reasonable rental far the use of the lot and improvements thereon during the pendez2cy of the legal action. The Association shall have the power to purchase the last at the foreclosure sale and to acquire, hold, lease mortgage, vote the vases appurtenant to convey, or otherwise deal with the property. A suit of action to recover a money judgment for unpaid common expenses shall be maintainable without foreclosing the liens securing same:. Section 12. Reserve Trust Fuiads: The Assaciatian shall have the authority to elect by resolution to establish one or mare trust funds to hold reserves far the maintenance, repair or replacement of specific items, in which case it slxall either,designate part of sloe regular assessment ar establish separate assessments far such. purposes. The proceeds there from shall be held in such trust funds and used only far the designated maintenance, repairs or xeplacements. ARTICLE V~ USE AI'~ID l~..ESTI~iCTIONS The following restrictions shall be applicable to tixe real property and shall be for tlxe benefit. of and limitations upon all presezxt and future owners of said property, or of any interest therein: Section 1. Unless written approval is first obtaizxed froze tixe Association, no sign of any kind shall be displayed for public view on any lot or building ozx said property except one professional sign of not more than five {5} square feet advertising the property for sale or rent, or signs used by the developer to advertise the property during the construction azxd sales period. Section 2. No part of said property shall be used or maintained as a dumping grouzxd for rubbish, trash, garbage or any other waste. No garbage, trash or other waste shall be kept or maintained on any part of said property except in a sanitary container. All contaizxers or other equipment for the storage or disposal of such material shall be kept in a cleazx and sanitary condition and shall be stored so as to not be visible from the street or Common areas. Section 3. No noxious or offezxsive conditions shall be permitted upon any part of said property, nor shall anything be clone thereon which may be or become an annoyazxce or nuisance to the neighborhood. Section 4. No trailer, camper-truck, tent, garage, shack or otlxer out building shall at azxy time be used as a residence, storage shed or temporary structure on any part said property. Section 5. C1nly passenger automobiles, pickup trucks and station wagons without advertising symbols or messages painted on any part of said property, or on any public ways adjacent thereto except within the canfznes of a private carport or garage. No maintenance or repair work on vehicles shall be done on any lot, common area or ozx tlxe public ways adjacent thereto. Section 6. No vehicles shall be parked continuously in one location, except in a private or designated carport, garage, or driveway for a period in excess of twenty four {24) hours. This applies not only to the lots, the said property of tixe Association, but also to tixe public ways adjacent thereto. Section '7. All owners are members of the Association and entitled to an equal share in the rights and interest and privileges and obligations as such, including the right to use all recreational and other Common areas owned by sucix Associationx subject to the rules and regulations and restrictions application thereto. ~3 Section 8. Installation of radio, television or other wireless technology antezxzxas is prohibited outside any building. Section 9. The Association shall have jurisdiction over activities perzz~itted izz the Common area. All disputes, complaints or matters regarding the existing ar future use of the Common area and property shall be submitted to the Association Directors far arbitration. ARTICLE VII ARCHITECT~TR~L C(~NTRC?L Section 1. Na building, fence, wall, hedge, structure, improvement, obstructioza, ornament, landscaping or planting, ar alteration thereof, shall be placed or permitted to remain upon or be removed from any part of said property unless a written request far approval thereof has been approved in writing by the Directors of the Association. Section 2. Lot owners are expressly prohibited Pram painting, staining or changing the exterior of any building, garage, fence or wall without permission of the Association. In the event of the repair or reconstruction of azly improvement by a lot owner, the improvement shall be repaired or reconstructed in such a manner to restore the improvement to its original condition.l'~a substantial change shall be made in the process or repair or reconstruction of any improvement without the consent of the Directors of the Association. ARTICLE VIII C7ENERAL PRC?•VISICINS Section L Enforcement: The Association, ar any owner, or the owner of any recorded mortgage, deed of trust or like instrument, on arty part ofsaid property, shall have the right to enforce, by any proceeding at law ar equity, all restriction, conditions, covenants, reservations, easements, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any owner to enforce any covennxt or restriction herein contained shall in no event be deemed a waiver of the right to do sa thereafter. Section 2, Severability: Invalidation of any one of these covenants or restrictions by judgment ar court order shall in no way affect any other provisions, which shall remain in full force and effect. Section 3. Amendment: The covenants and restrictions of this Declaration shall run witlx and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the owz7er of any Lat subject to this Declaration, their respective legal representatives, heirs, successors and assigns, far a term of twenty-five {25) years Pram the date this declaration recorded, after which time said covenants shall be automatically extezxded for `r successive periods often (1 {}} years eaclx. Any of the covenazxts and resfiriction of tlxis Declaration may be amended by an instr~.zzxxent signed by mezxzbers entitled to cast not less than seventy-five ('75°l0} of the votes. All suclx arnendzxxczxts shall be recorded izx the appropriate Deed Records of Jackson County, Qregon to tae effective. Section 4. No Right of Reversion: Nothing herein coztained in this Declaration, or izx any form of deed whiclx may be used by Declarant, or its successors and assigzxs, in selling said property, or any part thereof, shall tae deemed to vest or reserve in Declarant or tlxe Association any right of reversion or reentry for breaclx of violation of azxy one or zxxore of the provisions hereof. Section S. The provisions contained in this Declaration shall bind and inure to the bezxefzt of and be enforceable by Declarant. The Association and the owzx or owners of any portion of said property, and their heirs and assigns, and each of their legal representatives, and failure by Declarant or by the association or by any of tlxe property owners or their legal representatives, heirs, successors or assigns, to enforce azxy of such conditions, restrictions and charges herein contained shall in zxo event be deemed a waiver of the right to do so. Section 6. Any or all rights, powers and reservations of Declarant herein contained zxxay be assigned to the Association or to any other corporation or association wlxich is zxow organized ar which snay hereafter be organized and which will assume duties of Declarant hereunder pertaining to the parfiicular rights, powers and reservatiozs assigned; and upon such corporations or association evidezxcing its intent in writing to accept such assignment and assume such duties, it shall to the extent of suclx assignment, have tlxe same rights and powers anal lac subject to the same obligations and duties as are given to and assumed by the Declarant herein. TN WJTNESS ~NHEREC~F, the undersigned has executed this Declaration of Covenants, Conditions and Restrictions for the Countryside Terrace Planned Unit Development, the day of , 20_. Declarant's Name STATE C}F QREGON } ~~ rt. 14 r~ ~~C! f~vt ~ t -~ CITY OF CEI`~TRAL ~'(~I~'z` .Public T ~Qrks De artmexx t INTEROFFICE MEMORANDUM TtJ: PLANNING DEPARTMENT. PRC}M: MATT SAMITORE SUBJECT: COUNTRYSIDE TERRACE FINAL PUD APPR©`t~AL DATE: 10/13 j2004 CC: I~II.E Planning Cozxzzzaissian: The applicant has requested Final Planned Unit Development {PUD~ approval fox the Countryside Terrace Subdivision. The applicant has an approved set of engineering dxatuings that reflect the prelitrzinary PUl"3 plan and the conditions of appxaval froze the Planning and Public ~'~orks Staff Reports. The applicant is currently constructing the public and private improvements that were associated with Preliminary PUD {04005) approval. As of today, October 13, 2004, the improvements for this subdivision are not complete. The applicant will need to finish or bond for the improvements pxiar to the issuance of the Final. Plat. Best regards, ~~ Matt Samitore fry f y Planning Commission wilt compare the Preliminary and Final Plans and decide whether to approve or deny the plan that is submitted. The City Council will review the Commission's decision at a subsequent meeting. The preliminary development plan for the Snowy Butte Meadows P.U.D. was approved by the Commission on September 7, 2004 subject to certain conditions of approval described in the staff report, the conditions of approval, and the minutes {Attachment B). It is staff determination that all of the conditions of approval have been met. The applicant will build or bond for all of the improvements and pay the reimbursable expenses required by the Public Works Department prior to the City signing the final plat. The applicant has submitted copies of the Conditions, Covenants, and Restrictions (CC&R's) and the bylaws for the neighborhood association (Attachment C). if the Commission finds that these are consistent with the original approval then they can approve the plan. The Public Works Department has submitted a memo to the Planning Commission to identify the status of the public infrastructure improvements (Attachment D). Recommendation: Staff recommends that the Planning Commission take one of the following actions: 1. Approve the final development plan, Resolution No.623 based on the findings of fact and conclusions of law contained in the record and subject to the recommended conditions of approval as set forth in Resolution 623 and this staff report. 2. Deny the final development plan based on the findings of fact articulated by City Staff; or. 3. Continue the review of the final development plan at the discretion of the Commission. Attachments: A. Resolution 623, approving the preliminary development plans for the Snowy Butte Meadows P.U.D. B. Original Planning Department conditions of approval. C. Final Plat Map, Conditions, Covenants and Restrictions and Landscape Plan D. Public Works Memo -2- ~ / 1~ PLANNING COMMISSION KESOLU"PION NO. 623 A RESOLUTION APPROVING A TF,NTATIVE PLAN AND SUBDIVISION KNOWN AS SNOWY BUTTE MEADOWS A PLANNED UNIT DEVELOPMENT (Applicant (s): Dale F. Clark, Virginia and Joseph Pctko (37 2W lODC, Tax Lot 200 & 372W lODB, Tax Lot(s) 9100, 9200 & 9400 Recitals 1. Applicant(s) has/have submitted applications for preliminary development and tentative plan approval for a subdivision on a total of 3.73 acres located west of Snowy Butte Lane, north of Beall Lane and adyacent to Griffin Creek in the City of Central Point, Oregon. 2. On, September 7, 2004, the Central Point Planning Commission conducted aduly-noticed public hearing on the application, at which time it reviewedthe City staff reports and heard testimony and comments on the application. ~.,,, ~„` <. Now, therefore; `" BE IT RESOLVED BY THE PLANNING CC71t~SSION OF THE CITY OF CENTRAL POINT, OREGON, AS FOLLOWS: ~~=Fw.,o...,_ Section 1. Approval Criteria. Th ~ ireiY~ nts for approval of planned unit development and tentative plans are set forth in th , ll0 6 j~~pters of the Central Point Municipal Code, relating to information requirements, g, o imension, access, and similar requirements. A. Chapter 17.20, B. Chapter 17.60, C. Chapter 17.64, Off-Street Parking and Loading; and D. Chapter 17.68, Planned Unit Developments (PUD). Section 2. Finding and Conclusions. The Planning Commission hereby adopts by reference all findings of fact set forth in the City Staff reports, and concludes that, except where addressed in the conditions to approval, the application and proposal comply with the requirements of the following chapters of the Central Point Municipal Code: -3- A. Chapter 17.20, relating to allowed uses in the R-1-6 and R-1-8, Residential Single Family zoning district(s): B. Chapter 17.60, relating to paving and landscaping requirements; C. Chapter 17.64, relating to off-street parking and loading facilities; and D. Chapter 17.68, relating to Planned Unit Developments. Section 3. Conditional Approval. This application for a Preliminary Development Plan for a Planned Unit Development and subdivision is hereby approved, subject to the conditions set forth on Exhibits "A", "B", "C" and "D", attached hereto by reference incorporated herein, imposed under authority of CPMC Chapter 16.36. Passed by the Planning Commission and signed by me in authentication of its passage this 7th day of September , 2004 i ~„~ ,~. <a~ Manning Commission Chair ~.~ ~~ y~_ .~,* City Representative Approved by me this 7th Planning Commission Chair Planning Commission Resolution No. ~b23~(09072004) -4- ~~ \\ ATTACHMENT ~j PLANNING DEPARTMENT RECOMMENDED CONDITIONS OF APPROVAL Prior to final plat approval, the applicant shall submit to the City a copy of the proposed covenants, conditions and restrictions (CC&Rs) For Snowy Butte Meadows PUD within one year's time, or September 7, 2005. 2. The applicant shall comply with all requirements imposed by affected public agencies and utilities as they pertain to the development of the Snowy Butte Meadows PUD. F.,vidence of such compliance shall be submitted to the City prior to final plat approval. 3. The applicant shall comply with all federal, state and local regulations, standards and requirements applicable to the development and construction of the Snowy Butte Meadows PUD H:\Planning\04029. doe -5- V !~ 7 !~ J T ~` ry" SURVEY BY.~ L.J. Frior & Associotes, P. C. ^orsulfing Land Surveyors 8!5 West Eighth Street Medford, OR 97501 Ij/ricr6LnOKecnet f2 y'G,Ii%' PcR 559:5. ORI!p •~ ,na b Pl ' ys~~°•F' eN' F ;.~.. _S LOT 18 ~ aCL sC .' f I 10'.<J I LOT I) ~ coza se Fi LOT t6 1104 5] F' 1 LOT 15 9g2z SD Fi 1]).]5 99i.N o,.ev f0 q~8 ~„~.,a d f` ~ g 9 D'E &~ ).51 8 LOT Z 0502 50 Fi LOT 1 8058 5C ri In-I.r r I I _ `~_T5'J` WpY 5W N1J9Y\ rpE LOi 14 I I m k\I~ --` [eSEwEx\ sa la p0.EP ~ 1 BP28 S..`F~1O~ ~ vPPoY I. 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ORJLO ~ OFFIML RELORpS OF JACKSON COUNrv, OFE60N. ML a MME55 CORNER. PUE a RJBUC UilU1T FA4EMENT. JCE$< ~ JgCX$pN LREIX ESiAIES SUBIOMSION, VNIi 4. (FSIJP50f L1 CI roURSE L14iA iPBlf. ( ) REGORO Miq PS SHOWN. X- - TENCE LINE. SOE ~ PUBIJC SNRM DRNNACE E4SMENT. BASIS OF BEARINGS: CENTERLINE pF BEW. WJE PER FSIJ250 cF JCES< q5 SHOWN HEREON. VNIi BF MFASVRMENF a FEET pq)E' SEPTEIRBER R), ROV< $GSLE: 1" v qB zD o f0 TM EASEMENTS PER SUBDIVISION WgRANiEE I)FISpIEN! FOR NAKNI53YON OF EtRH(211Y PEH ODC aB-469H]. ORJW GNNO! BE LWIRED HERE W! BVI W\Y NFEC! HJE SVBJF.Cr PROPERTY. R)F/SE/ENr TOR SM'IrMY SEWFA PEA ODC HZ-I6R01, WLN VES IWIIJIN PIE SIFEET cE01GA0M SNOYM HEREON. J)FAyEMEM FDR G9 %Pf VNE RF 43LJ85 P.Pi I. JCOR DOES rror uE mnux nIE svBJECr vawEArc. h'piE PIACFp a9 RfDVIRCO pY PURtIC VHtlrv PROIgOEFS ~.Qw01100 uxIllµCUrO Mti Nt xlllrn MuxO l.Cirvr~~~5 PJBUC un {~nOnlm[0 ON I . LWY(E :n' RSMC~ m~N µp [ nm( Lcrs l~c[nRnm Mwrw, IntJVarv 0 nCCns r0 T~u?,[s.x. vrannwiw ". I itBU[ Uu35 uil ~[ SL oN en°riu~.'.p0w"RDWwMO~ iiieD~ wTiES"w,n rn~`.mislrv lurtui"'^i"a-°n'nw • ~ FE[E1N,9 RECISiEREO PROFESSONAL Bn er- N URV ~ R ml. .,,.q [w,,,,l, e I 2 aBwf(e) Mo- ' w9=b) xo„oe w Jncxmv roDn'Ir Wm~m Rle 6-.W-OS SVFvETOR BYLAWS OT SNOWY BU'CTE MEADOWS IIOMEOWNERS ASSOCiA'I'ION, INC. AN OREGON NONPROh'1'I' CORPORATION NAME AND LOCATION. The name of the corporation is SNOWY BU'T'TE MEADOWS HOMEOWNERS ASSOCIATION, INC., (hereinafter referred to as the "Association"). The Association is organized under the Oregon Nonprofit Corporation Law. The initial principal office of the Association shall be located in the City of Central Point, County of Jackson, State of Oregon, but meetings of Members and Directors may be held at such other places which are as close as possible to the property within Jackson County, Oregon, as may be designated by the Board. DEFINITIONS. The terms used herein shall have the meanings set forth in Section I, Declaration of Covenants, Conditions and Restrictions for Snowy Butte Meadows, a Planned Unit Development, recorded on , 2004, as DocumentNo. in the Official Records of Jackson County, Oregon (the "Declaration"),unless otherwise specifically provided for in these Bylaws. MEMBERSHIP. 3.1 Qualification. Every person or entity who is the Owner of a Lot which is subject by covenants of record to assessment by the Association shall be a Member of the Association and shall be entitled to one membership for each Lot owned. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. A vendee under a recorded land sale contract or recorded memorandum of land sale contract shall be considered the Owner for purposes of membership in the Association. Membership shall be appurtenant to and may not be separated from the ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership. Any transfer of title to a Lot shall operate automatically to transfer the membership in the Association appurtenant thereto to the new Owner thereof. 3.2 Voting. (a) All membership and voting procedures are governed by the Articles and Bylaws of the Association. (b) The Association shall have two classes of voting membership: BYLAWS OF SNOWY BUTTE N[EADOWS HOME OWNERS ASSOCIATION, INC. Page 1 of 13 -7- Class A. Class A Members shall be all Owners, with the exception of Declarant. Class A Members are entitled to one vote for cacti lot in which they hold the interest required for membership. When more than one person holds such an interest in any lot, all such persons are Members. When more than one Mcmbcr exists for a given lot, the vote for such lot may be exercised as those Members themselves agree. If they arc unable to agree, the vote for the Unit shall be cast as providod in the Declaration. The vote applicable to any lot sold under a contract of purchase shall be exercised by the contract purchaser. Class A Members may vote by proxy. Class B. The Class B Member shall be the Beclarant and shall be entitled to hive (5) votes for each lot which he owns. The Class B membership shall cease and be converted to Class A membership as provided in the Declaration. The Class B Member may vote by proxy. (c) Notwithstanding anything else iu this instzument that might be construed to the contrary, after Class B Membership ceases and is converted in accordance with 3.2(b) above, all previsions of this instrument requtnng a vote of Class A and Class B Members, or all classes of Members, shall be construed as requiring a vote by Class A Members only. 3.3 Transfer. The membership held by any Member by virtue of his/her ownership of a Lot shall not be transferred, pledged, or alienated in any way, except upon the transfer of title to such Lot, and then only to the transferee of title thereto. 3.4 Suspension of Membership. During any period in which a Member shall be in default in the payment of any assessment levied by the Association pursuant to the Declaration, the voting rights of such Member shall be suspended. However, the Board shall give any such Member at least fifteen (15) days notice prior to such suspension, during which time the Member shall be entitled to a hearing before the Board if he so requests. 3.5 Initial Board of Directors. The initial Board of Directors shall be appointed by Declarant until such time as the Turnover Meeting is called pursuant to Section 4.1. Thereafter, the Board shall be elected as provided in Section 6. The initial Board of Directors shall consist of two (2) Directors. 4. TRANSITION AND TURNOVER MEETINGS 41 Turrlover Meeting. A turnover meeting (the "Turnover Meeting") shall be called by Declarant upon the termination of Class B membership in the Association, but not later than sixty (60) days after conveyance to Owners other than Declarant ofninety percent (90%) of the total number of Lots in the Planned Community. If Declarant fails to call the Turnover Meeting, any Owner may call the meeting. Notice of the meeting shall be given to Members not less than ten (10) nor more than fifty (50) days prior to the meeting. At the Turnover Meeting the Declarant shall relinquish control of the Association to the Owners. All information and documentation relating to the Project shall additionally be turned over to the Owners at such time, including but not limited to: the Declaration, all corporate documents, the deed to the common area, rules and regulations, the resignation of Directors and Officers appointed by Declarant, Association funds, a report on the present financial condition of the Association, tangible personal property belonging to the Association, records of all property tax payments BYLAWS OF SNOWY BUT"I'E MEADOWS HOME OWNERS ASSOCIATION, INC. Page 2 of 13 -8- pertaining to the common area, copies of all income tax returns and related supporting data, all bank signature cards, plans and specifications, insurance policies, occupancy and government permits, all warranties relating to the Common Areas, a list of contractors, a roster of Owners, names of lessees, if any, and any contracts relating to the Project. Declarant or its informed representative shall remain available in an advisory capacity to meet with the Board on a minimum of three (3) mutually acceptable dates during the three (3) months itmncdiatcly following the Turnover Meeting. 4.3 Declarant's Reservation of Rights. Notwithstanding anything to the contrary, in the event Declarant has not completed development of Lots or common area at the time of the Turnover Meeting, Declarant may continue to hold the special Declarant rights reserved under the Declaration. MEETINGS OF MEMBERS. 5.1 Annual Meeting. The annual meeting of the Members shall beheld each year at 4:00 P.M. on the First Tuesday in the month of May, commencing with the 1st Tuesday in September, 2005. The annual meeting shall be held for the purpose of electing Directors and for the transaction of any other business that may come before the meeting. If the election of the Directors is not held on the day designated herein for any annual meeting of the Members, or at any adjournment thereof, the Board of Directors shall cause the election to be held at a special meeting of the Members as soon thereafter as maybe convenient and upon prior notice to the Members of the Association. 5.2 Special Meetings. Special meetings of the Members maybe called at any time by the President of the Board, by a majority of a quorum of the Board, or upon written request of Members who are entitled to vote twenty percent (20%) of the total voting power of the Association. 5.3 Notice of Meetings. Written notice of each meeting of the Members, whether annual or special, shall be given by, or at the direction of, the Secretary or person authorized to call the meeting, in person or by mailing a copy of such notice byfirst-class mail at least ten (10) days, but not more than fifty (50) days, before such meeting to each Member entitled to vote thereat and to each mortgagee requesting such notice. With respect to Members, notice shall be addressed to the Member's address last appearing on the books of the Association, or supplied by such Member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting and the items on the agenda, including the general nature of any proposed amendment to the Declaration or Bylaws, any budget changes or any proposal to remove a Director or Officer. Mailed notices shall be deemed received when deposited in the United States mail, with postage fully paid thereon. 5.4 uorum. The presence at the meeting of Members entitled to cast, or of proxies entitled to cast, at least thirty percent (30%) of the votes ofthe entire membership shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation or these Bylaws. If, however, such quorum shall not be present in person or by proxy at any such meeting, the Members entitled to vote thereat shall have power to adjourn the meeting without notice other than announcement at the meeting, to a place and a time certain not less than five (5) days nor more than thirty (30) days from the time the original meeting was called, at which BYLAWS OF SNOWY BUTTE MEADOWS HOME OWNERS ASSOCIATION, INC. Page 3 of 13 -9- adjourned meeting the quorum requirement shall be at least twenty percent (20%) of the votes of the entire membership. If a time and place Cor the adjourned meeting is not fixed by those in attendance at the original meeting, or, if for any reason a new date is fxcd for the adjourned meeting after adjournment, notice of the time and place of the adjourned meeting shall be given to Members in the manner prescribed for regular meetings. Any meeting at which a quorwn is present maybe adjourned for any reason to a time not less Chan forty-cighC (48) hours nor more than thirty (30) days from the Cime of such meeting by Members representing a majority of the votes present thereat, either in person or by proxy. 5.5 Proxies. At all meetings of Members, each Member may vote in person or by proxy on all matters. All proxies shall be in writing, dated and filed with the Secretary before the commencement of any meeting. Every proxy shall be revocable and shall automatically cease upon conveyance by the Member of his/her Lot, or upon the death or incapacity of the Member who executed the proxy. A proxy shall terminate eleven (11) months after its execution, unless a shorter period of time is specified. Except as otherwise pirovided in the Articles or these Bylaws, a majority of the voting power present, in person or by proxy, shall prevail at such meeting. 5.6 Members Entitled to Vote. The Board of Directors may fix a time not exceeding thirty (30) days preceding the date of any meeting of Members as a record date for the determination of the Members entitled to vote at any such meeting and, in such case, only Members of record on the date so fixed shall be entitled to notice and to vote at such meeting. In the event no such record date is fixed by the Board of Directors, the record date for the determination of Members entitled to notice and to vote at any such meeting shall be as of 8:00 a.m. on the thirtieth (30th) day preceding the date of such meeting. 5.7 Voting. The vote for each Lot shall be cast as a unit; fractional votes shall not be allowed. If more than one person is the Owner of a Lot, and such persons are unable to agree among themselves as to how their vote or votes shall be cast, they shall lose their right to vote on the matter in question. If any such person or persons jointly owning a Lot cast a vote representing that Lot, it will thereafter be conclusively presumed for all purposes that he, she or they were acting with the authority and consent of all other such persons. In the event more than one vote is cast for a particular Lot, such votes shall be void and shall not be counted. 5.8 Order of Business. The order of business of all meetings of the Members shall be as follows: (a) Roll call; (b) Proof of notice of meeting or waiver of notice; (c) Reading of minutes of preceding meeting; (d) Reports of Board and Officers; (e) Election of Directors, if any are to be elected; (f) Unfinished business; and BYLAWS OF SNOWY BUTTE MEADOWS HOME OWNERS ASSOCIATION, INC. Page 4 of 13 -10- (g) New business. 5.9 Conduct of Mcctine. The President shall preside over all meetings of the Association and the Secretary shall keep the minutes of the meeting and record in a Minute Book resolutions adopted at die meeting and shall keep; a record of all transactions occurring thereat. Roberts Rules of Order (latest edition), as modified by the Board ofDircctors, shall govern the conduct of all meetings of the Association when not in conflict with the Declaration or these Bylaws. BOARD OF DIRECTORS. 6.1 Number, Tenure and Qualifications. After the "I'urnovcr Meeting, the Board of Directors of this Corporation shall consist of three (3) Members. At the first annual meeting of the Members of the corporation, and at each annual meeting thereafter, the Board of Directors succeeding the initial Board of Directors shall be elected by the Members as hcreinaRcr set forth. Both Class A and Class B Members are permitted to cumulate their votes either by giving one candidate for election to the Board of Directors as many votes as the number of such Directors to be elected, or by distributing such votes on the same principle among any number of such candidates. Notwithstanding anything else in these Bylaws, Articles of Incorporation, the Declaration or any other agreement to the contrary, it is the intent of these Bylaws that so long as there are two classes of Members, the cumulative voting provisions herein shall be interpreted to allow the Class A Members to elect not less than one (1) Director. Cumulative voting shall cease when the Class B membership is converted to Class A membership as provided in the Articles of Incorporation and the Declaration. Directors need not be Members of the corporation. The Declaration and these Bylaws provide for a period of control of the Association by the Declarant. Such conh~ol shall include allowing the Declarant to appoint or remove Members of the Board of Directors of the Association until the Turnover Meeting. 6.2 Powers. The business affairs of the corporation shall be managed by its Board of Directors. The Board of Directors shall have all of the powers set forth in the Oregon Nonprofit Corporation Act, the Articles of Incorporation, these Bylaws and the Declaration, except where the same are reserved to the Members by any of the above. 6.3 Regular Meetings. The annual meeting of the Board of Directors shall be held without notice, other than these Bylaws, immediately after, and at the same place as, the annual meeting of the Members of the Association, except that notice of the time and place of a regular meeting of the Boai•d of Directors shall be posted at a place or places on the "property" at least (3) days prior to the meeting or notice shall be provided by a method otherwise reasonably calculated to inform Owners of such meetings. 6.4 ~ecial Meetings. Special meetings of the Board of Directors may be called at the request of any two Directors or at the request of the President. The person or persons authorized to call special meetings of the Board of Directors may fix the time for the holding of any special meeting of the Board of Directors. BYLAWS OF SNOWY BUTTE MEADOWS HOME OWABRS ASSOCIATION, INC. Page 5 of 13 -I)- 6.5 Notice. Notice of any special meeting shall be given at least 10 days prior to such meeting to each Director athis/her home address, or by telegram. So that Lot Owners wil I know of such meeting, notice shall also be posted at a place or places on the property at ]east three (3) days prior to the meeting or notice shall be provided by a method otherwise reasonably calculated to inform Lot Owners of such meeting. If mailed, such notice shall be deemed to have been delivered when deposited in the Q.S. mail, so addressed, with postage prepaid. Any Director may waive notice of any meeting. The attendance of a Director at a meeting shall constitute a waiver of notice of such meeting, except where a Director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. Neither the business to be transacted, nor the purpose of any regular or special meeting of the Board of Directors need be specified in the notice or waiver of notice of such meeting. 6.6 uorum. Attendance by a majority of Directors shall constitute a quorum for transaction of business at any meeting of the .Board of Directors. If less than two Directors are present at a meeting, the Director present may adjourn the meeting from time to time without further notice except as to the date and time of the continued meeting. 6.7 Manner of Actin. The act of the majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board of Directors unless a greater number is specifically required by the Oregon Nonprofit Corporation Act, the Oregon Planned Community Act, the Articles of Incorporation or these Bylaws. 6.8 Action Without a Meeting. Any action required or permitted to be taken by the Board of Directors at a meeting maybe taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all of the Directors. 6.9 Vacancies. Any vacancy occurring on the Board of Directors may be filled by the affirmative vote of a majority of the remaining Directors, though less than a quorum of Directors, unless the Articles of Incorporation provide otherwise, and further provided that, as long as there are two classes of Members, it is the intent of these Bylaws that any vacancy occurring on the Board of Directors be filled by a person representing the class of Members from which the Director was elected. 6.10 Removal of Directors. Whenever the best interests of the corporation may be served thereby, a Director maybe removed with or without cause at a meeting called expressly for that purpose by vote of the holders of a majority of all shares then entitled to vote at an election of Directors. 6.11 Presumption of Assent. A Director of the corporation who is present at a meeting ofthe Board of Directors at which any action on any corporate matter is taken, shall be presumed to have assented to the action taken unless written dissent to such action is filed with the person acting as Secretary of the meeting before adjoumment thereof, or, unless the Director forwards such dissent by mail to the Secretary of the corporation immediately after adjoumment of the meeting. Such right to dissent shall not apply to a Director who voted in favor of such action. 6.12 Term. The terms of all Directors shall be staggered on an annual basis to be determined at the annual meeting. BYLAWS OF SNOWY BUTTE MEADOWS HOME OWNERS ASSOCIATION, INC. Page 6 of 13 -12- 6.13 Compensation andEx~enses. No Director shall receive compensation for his/her services as a Director of the corpot ation. Reimbursable expcuses, if any, shall be paui upon approval of the Board of Directors. 6.14 Fidelity Bonds. The Board of Directors shall require that any person or entity, including, but not limited to, employees of any professional manager, who handles or is responsible for Association funds, shall furnish such f dclity bond as the Board deems adequate. The premiums on such bonds shall be paid by the Association. 6.15 Onen Meetings. All meetings of the Board of Directors shall be open to the Members. OFFICERS AND THEIR DUTIES. 7.l Enumeration of Officers. The Officers of the Association shall be a President, a Secretary and a Treasurer, and such other Officers as the Board may from time to time deem necessary. Only the offices of Secretary and Treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices. The President shall be a Member of the Board of Directors. No other Officer shall be required to be selected from the Board of Directors. 7.2 Election of Officers. The election of Officers shall take place at the first regular meeting of the Board following the Turnover Meeting and each annual meeting of the Members thereafter; provided, however, prior to the Turnover Meeting, the Officers maybe appointed on an annual basis by the Board of Directors or by Declarant. 7.3 Term. The Officers ofthe Association shall be elected annuallyby the Board, and each shall hold office for one (l) year unless they shall sooner resign, or shall be removed, or otherwise become disqualified to serve. 7.4 Resignation and Removal. Any Officer may be removed from office with or without cause by the Board. Any Officer may resign at any time by giving written notice to the Board, the President or the Secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein; and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. 7.5 Vacancies. A vacancy in any office may be filled in the manner prescribed for regular election. The Officer elected to such vacancy shall serve for the remainder of the term of the Officer helshe replaces. 7.6 Duties. The duties of the Officers are as follows: (a) The President shall preside at all meetings of the Board; shall see that orders and resolutions of the Board are carried out; and shall, if required by the Board, sign all written instruments on behalf of the Association; (b) The Secretary shall act in the place and stead of the President in the event of his absence, inability or refusal to act. The Secretary shall record the votes and keep the BYLAWS OF SNOWY BUTTE MEADOWS HOME OWNERS ASSOCIATION, INC. Page 7 of 13 -13- minutes of all meetings and proceedings of the Board and of the Members; keep the corporate seal, if any, of the Association and affix it to all papers requiring said seal; serve notice of the meetings of the Board and of Chc Members; keep appropriate current records showing the Members of the Association, together with their addresses; and shall perform such other duties as are required by the Board; (c) The Treasurer shall receive and deposit iu appropriate back accounts all monies of the Association, and shall disburse such funds as directed by resolution of the Board; keep proper books of account; cause an annual audit of the Association books to be made at the completion of each fiscal year and make the same available to Members of the Association for inspection within thirty (30) days after the completion of said audit; and shall prepare an annual budget and a statement of income and expenditures and report to be presented to the Membership at its regular annual meeting, and deliver a copy of each to the Members, within thirty (30) days after its completion. (d) Checks of the Association shall be signed by the officer or officers designated by the Board. 8. LIABILITY AND INDEMNTFTCATTON nF nFFTCRR~ ANT) T)TRRC TnRR ANTS 8.1 Liability and Indemnification of Officers and Directors. The Association shall indemnify every Officer and Director of the Association against any and all expenses, including counsel fees, reasonably incurred by or imposed upon any Officer or Director in connection with any action, suit or other proceeding (including settlement of any suit or proceeding if approved by the then Board of Directors of the Association) to which he/she may be made a party by reason of being or having been an Officer or Director of the Association whether or not such person is an Officer or Director at the time such expenses are incurred. The Officers and Directors of the Association shall not be liable to the Owners for any mistakes of judgment, negligence, or otherwise, except for their own individual willful misconduct or bad faith. The Officers and Directors of the Association shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association (except to the extent that such Officers or Directors may also be Owners of Lots) and the Association shall indemnify and forever hold each such Officer and Director free and harmless against any and all liabilities to others on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive of any other rights to which any Officer or Director of the Association or former Officer or Director of the Association maybe entitled. 8.2 Common Interested Directors. The Directors shall exercise their powers and duties in good faith and with a view of the interests of the Association. No contract or other transaction between the Association and one or more of its Directors, or between the Association and any corporation, firm or association (including the Declarant), in which one or more of the Directors ofthe Association are Directors or Officers or are pecuniarily or otherwise interested, is either void or voidable because such Director or Directors are present at the meeting of the Board of Directors or any committee thereof which authorizes or approves the contract or transaction, or because his vote is counted for such purpose, if any of the conditions specified in any of the following subparagraphs exist: BYLAWS OF SNOWY BUTTE MEADOWS HOME OWNERS ASSOCIATION, INC. Page 8 of 13 -14- (a) The fact ofthe common directorate or interest is disclosed or known to the Board of Directors or a majority thereof or noted in the Minutes, and the Board authorizes, approves, or ratifies such contract or Transaction in good faith by a vote sufficient for that purpose; or (b) The fact ofthe common directorate or interest is disclosed or known to the Members, or a majority thereof, and they approve or ratify the contract or transaction in good faith by a vote sufficient for that purpose; or (c) The contract or transaction is commercially reasonable to the Association at the time it is authorized, ratified, approved or executed. Common or interested Directors may be counted in determining the presence of a quorum at any meeting of the Board of Directors or committee thereof which authorizes, approves or ratifies any contract or transaction, and may vote thereat to authorize any conk-act or transaction with like force and effect as if he/she were not such Director or Officer of such Association or not so interested. 9. INSURANCE. 9.1 Insurance To Be Obtained By Association. The Association shall obtain and maintain at all times insurance, as set for herein, including insurance against fire, vandalism and malicious mischief, where applicable and appropriate, with endorsement for extended coverage, or other perils, for the full insurable replacement value of the Association property. The insurer shall be governed by the following provisions: (a) The insurer shall waive its rights of subrogation to any claims against the Declarant, the Board of Directors, the Association, the Managing Agent, the Owners and their respective agents, employees, tenants, guests and, in the case of Owners, the members of the their households. (b) The master policy on the Association property shall not be cancelled, invalidated, or suspended on account of the conduct of any Member of the Board, Officer or employee of the Board of the Board of Directors or the Managing Agent or Owners, without a prior demand in writing that the Board of Directors or the Managing Agent cure the defect. (c) The policy may not be cancelled or substantially modified without at least thirty (30) days' prior written notice to the Board of Directors. (d) The net proceeds of such policies shall be payable to the Association. (e) All policies of insurance shall be written with a company licensed to do business in the State of Oregon and holding a rating of "A+" or better by the Best's Insurance Reports, or equivalent. (f) In no event shall the insurance coverage obtained and maintained by the Board of Directors hereunder be brought into contribution with insurance purchased by individual Owners or their mortgagees. BYLAWS OF SNOWY BU'I"CE MEADOWS HOME OWNERS ASSOCIATION, INC. Page 9 of 13 -15- 9.2 Coveraee. (a) Casualty. All improvements, which the Board decides should be insured, in the Landscape Area shall be insured in an amount to be determined annually by the Board of Directors. If determined appropriate by the Board, such coverage shall afford protection against: (i) Loss or damage by fire and other hazards covered by a standard extended coverage endorsement; and (ii) Such other risks as from time to time shall customarily be covered with respect to similar construction as found in the Landscape Area, including, but not limited to, vandalism and malicious mischief. (b) Liability Insurance. Public liability insurance shall be obtained iu such amounts and with coverages as shall be required by the Board of Directors, and shall include, but not be limited to, hired automobile and non-owned automobile coverages, with across- liability endorsement to cover liabilities of the Owners as a group to an Owner. 1'he Board of Directors shall review such limits once a year. It shall be the responsibility of each Owner to obtain, at his/her own expense, liability insurance with respect to his/her ownership and/or use of his/her Dwelling Unit and Lot, and the Board of Directors shall not be responsible for obtaining such insurance. (c) In addition, the Board shall obtain the following coverages. (i) Worker's compensation insurance meeting all the requirements of the laws of the State of Oregon, if necessary. (ii) Directors and Officers liability insurance, if necessary. (iii) Fidelity bond for Officers and Directors, if the Board deems such necessary. (iv) Such other insurance as the Board of Directors shall determine from time to time to be desirable. 9.3 Premiums. Premiums for insurance policies purchased by the Association shall be assessed by the Association against the Owners as part of the Common Expenses. 9.4 Payment of Proceeds to Association. All insurance policies purchased by the Association shall be for the benefit of the Association and shall provide that all proceeds covering property losses shall be paid to the Association. 9.5 Distribution of Proceeds. Proceeds of insurance policies received by the Association shall be distributed in the following manner. (a) Reconstruction or Repair. If the damage for which the proceeds are paid is to be repaired or reconstructed, the remaining proceeds shall be paid to defray the cost thereof as elsewhere provided. BYLAWS OF SNOWY BUT'T'E MEADOWS HOME OWNERS ASSOCIATION, INC. Page 10 of 13 -16- (b) Failure to Reconstruct or Repair. [f it is determined in the manner elsewhere provided that the damage for which the proceeds are paid shall not be reconstructed or repaired, the remaining proceeds may be used by the Association Cor such Landscape Area improvements as it shall deem appropriate. 9.6 Insurance To Be Obtained By Owner. Each Owner of a Lot shall insure his Dwelling Unit at is full insurable replacement value against fire, vandalism and malicious mischief with an endorsement for extended coverage. Each Owner shall obtain from his/her insurance carrier a waiver of its subrogation rights to any claims against the Declarant, the Board of Directors, the Association, the Managing Agent, the Owners and their respective agents, employees, tenants, guests and, in the case of Owner, the members of their households. 10. MEMBER'S OBLIGATIONS IN CONNECTION WI"I'H USI OF PROPERTY. 10.1 Lawful Use. No Owner shall permit or suffer anything to be done or kept upon any Lot or the Landscape Area which will increase the rate of insurance on the Dwelling Units, or the contents thereof, or the Landscape Area, which will result in the cancellation of such insurance, or which is in violation of any law. No Owner shall permit or suffer anything to be done or kept upon any Lot or the Landscape Area which will obstruct or interfere with the rights of other Owners, or annoy other Owners by unreasonable noises or otherwise, nor shall any Owner commit or pel-mit any nuisance or immoral or illegal act on any Lot or the Landscape Area. Each Owner shall comply with all requirements of applicable governmental authorities respecting the use and occupancy of the Lots. 10.2 Compliance with Rules. Each Owner shall pay Association dues and assessments when they are due. Each Owner shall comply with the terms of the Declaration and these Bylaws and all rules and regulations adopted and promulgated by the Board of Directors or Architectural Committee. 10.3 Use of Employees of Association. An Owner shall not require or request employees of the Association to do work on the Owner's premises or anywhere on the Project unless such work is the responsibility of the Association, and then, except in case of emergency, any such request shall be made through the Association manager, if any, or the Board. 11. BOOKS AND RECORDS. 11.1 Inspection. The membership register, books of account and minutes of meetings of the Members, of the Board and of committees of the Board shall be made available for inspection and copying by any Member of the Association or by his/her duly-appointed representative at any reasonable time and for a purpose reasonably related to his/her interest as a Member, at the office ofthe Association or at such otherplace within the Planned Community as the Board shall prescribe. 11.2 Rules. The Board shall establish reasonable rules with respect to: (a) Notice to be given to the custodian of the records by the Member desiring to make the inspection. BYLAWS OF SNOWY BUTTE MEADOWS HOME OWNERS ASSOCIATION, INC. Page 11 of 13 -17- (b) Hours and days of the week when such an inspection may be made. (c) Payment of the cost of reproducing copies of documents requested by a Member. 11.3 Director's Rights. ):very Director shall have the absolute right at any rcasonahle time to inspect all books, records and documents of the Association and the physical properties owned or controlled by the Association. The right of inspection by a Director includes the right to make extracts and copies of documents. 12. AMENDMENTS. These Bylaws may be amended only by the vote or written assent of the Members as follows: (a) So long as the Class A and Class B memberships exist, upon the vote or written assent of a majority of the voting power of each class, or (b) After conversion of the Class B to Class A membership, upon the vote or written asset of a majority of the total voting power of the Association including a majority of the voting power of Members other than Declarant. Provided, however, that the percentage of the voting power necessary to amend a specific clause or provision shall not be less than the percentage of affirmative votes or written assets prescribed for action to be taken under that clause or provision. Prior to completion of the Project by Declarant, no amendment to Section 4.3 of these Bylaws shall be effective without the prior written consent of Declarant. In the event of any conflict between the Declaration and these Bylaws, the Declaration shall control. 13. NOTICES. Any written notice or other documents relating to or required by these Bylaws maybe delivered either personally or by mail. If by mail, such notice or document shall be deemed to have been delivered and received five (5) calendar days after copy thereof has been deposited in the United State postal service, postage prepaid addressed as follows: (a) If to the Association, to the address designated by the Association as its principal office address in the Articles of Incorporation. (b) If to an Owner, or to his Tenant, then to the address of any Lot owned, in whole or in part, by his/her or to any other address last furnished by an Owner or his Tenant to the Association. (c) If to Declarant: Dale Clark 3365 Snowy Butte Lane Central Point, OR 97502 BYLAWS OF SNOWY BUTTE MEADOWS HOME OWNERS ASSOCIATION, INC. Page 12 of 13 -18- Provided, however, that any such address may be changed at any time by the party concerned by delivering a written notice of change of address to the Association. iiach Owner of a Lot or his Tenant shall file the correct mailing address of such Owner or his 'tenant with the Association, and shall promptly notify the Association in writing of any subsequent change of address. 14. NUMBER: GENDER The singular shall include the plural and the plural the singular unless the context requires the contrary, and the masculine, feminine and neuter shall each include the masculine, feminine or neuter, as the context requires. IN WITNESS WHEREOF, we, the undersigned, being all of the Directors of SNOWY BUTTE MEADOWS HOMEOWNERS ASSOCIATION, INC., hereunto set our hands this day of ,2004. Director Director BYLAWS OE SNOWY BU'I`TE MEADOWS HOME OWNERS ASSOCIATION, INC. Page 13 of 13 -19- DECLARATION OF COVENANTS, CONDITIONS, AND RES`i'RIC'I'IONS hOR SNOWY BUT"I'E MEADOWS A PLANNED UNIT DEVELOPMENT Dale Clark is the Owner in fee simple of real property (the plantled unit development hereinafter referred to as the PUP) located in the City of Central Point, County of Jackson, State of Oregon, described on Exhibit A attached hereto and incorporated herein by this reference. RECITALS, INTENT, AND PURPOSE It is the desire and intention of Declarant initially to subdivide the PUD subject to the covenants, conditions, and restrictions set forth in this Declaration into nineteen (19) lots. It is the desire and intention of Declarant to form the Snowy Butte Meadows Home Owners Association, Inc., for the purpose of, but not limited to, maintaining and repairing Virginia Drive and the connected private loop (hereinafter the "Private Roads"). DECLARA`T'ION Now, therefore, Declarant hereby declares that the PUD shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied, and approved subject to the following covenants, conditions, and restrictions all of which are in furtherance of a plan for the subdivision, improvement, and sale of the PUD, and of enhancing and perfecting the value, desirability, and attractiveness of the PUD. All the covenants, conditions, and restrictions herein set forth shall run with the PUD and shall be binding on all parties having or acquiring any right, title, or interest in the PUD or any part thereof and shall be for the benefit of each Owner of any portion of the PUD or any interest therein and shall inure to the benefit of and be binding upon each successor in interest of such Owners. The project shall be developed in one phase and no other phases are contemplated. Declaration of Covenants, Conditions, and Restrictions for Snowy Butte Meadows - A Planned Unit Development Page I of 24 \24832fl1CC&R, -2Q- 1.11 Lot. That portion of the PUD conveyed or to be conveyed by the Declarant to an individual Owner in fee simple. For the purposes of this Declaration, a lot shall exist from and after the date of recording an instrument making such lot subject to this Declaration. 1.12 MorteaQe. Mortgage or a decd of trust of record encumbering a lot. "fhe term "mortgagee" shall include the beneficiary under a decd of trust and the vendor under a recorded land-sale contract or recorded memorandum of a land-sale contract. 1.13 Owner. The record Owner or Owners, if more than one, of a lot, including Declarant and including a vendee under a recorded land-sale contract or recorded memorandum of land-sale contract. 1.14 PUD. Planned Unit Development defined as the property subject to this Declaration. 1.15 PUE. Public Utility Easement as shown on the final plat of this PUD. 1.16 Real Property. All the real property described on Exhibit A attached hereto. 2. ASSOCIATION. 2.1. Organization. The Association is a nonprofit corporation charged with the duties and vested with the powers prescribed by law and set forth in the Articles, the Bylaws, and this Declaration. Neither the Articles nor Bylaws shall, for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with the Declaration. In the event of any such inconsistency, the provisions of this Declaration shall prevail. The Board, and such officers as the Board may elect or appoint, shall conduct the affairs of the Association in accordance with the Articles and Bylaws as from time to time amended. 2.2 Membership. Each Owner shall be a member of the Association and shall be entitled to one membership for each lot owned. Each member shall have the rights, duties, and obligations set forth in this Declaration, the Articles, the Bylaws, and the Association Rules as the same may from time to time be amended. The membership of each Owner in the Association shall be appurtenant to the lot giving rise to such membership and shall not be assigned, transfen-ed, pledged, conveyed, or alienated in any way except upon the transfer of title to such lot and then only to the transferee of title thereto. Any transfer of title to a lot shall operate automatically to transfer the membership in the Association appurtenant thereto to the new Owner thereof. For purposes of membership, the recording of a land-sale conh~act or memorandum thereof shall constitute a h~ansfer of the title to a lot. Declaration of Covenants, Conditions, and Restrictions for Snowy Butte Meadows - A Planned Unit Development Page 3 of 24 \2an2L\CC&Hs -22- 2.3 Voting. (a) Members Entitled to Vote. Only members of the Association shall be entitled to vote. The voting privileges of each class of member shall be as provided herein. Any action by the Association which must have the approval of the Association membership before being undertaken shall expressly require the vote or written assent of a prescribed percentage of the total voting power of the Association as more particularly stated within the Declaration. (1) Class A Members. Class A members shall have one (1) vote for each lot. When more than one person owns a single lot, all Owners shall be members of the Association. However, the vote for each lot must be cast as a unit and fractional votes shall not be allowed. In the event the j oint Owners are unable to agree among themselves as to how their vote or votes shall be cast, they shall lose the right to vote on the matter in question. If any Owner(s) casts a vote representing a certain lot, it will thereafter be conclusively presumed for all purposes that such Owner(s) was acting with the authority and consent of any other Owner(s) of said lot. The right to vote may not be severed or separated from the lot ownership to which it is appurtenant and any sale, transfer, or conveyance of such lot to a new Owner(s) shall operate to transfer the appurtenant vote without the requirement of any express reference thereto. (2) Class B. Members. Class B members shall be the Declarant, his successors, and assigns. Class B members shall be entitled to five (5) votes for each lot in which they hold the interest required for membership as provided in Section 2.3 (a)(1) above provided that Class B membership shall be converted to Class A membership and shall forever cease to exist when the total outstanding votes of the Class A members equal the total outstanding votes held by the Class B members. (b) Voting Procedures. Any vote may be cast in person or by proxy. All proxies shall be in writing, dated, and signed by the Owner giving the proxy and filed with the Secretary before the commencement of any meeting. The proxy shall terminate eleven (11) months after its date, unless the proxy specifies a shorter term. Every proxy shall automatically cease upon the sale of the lot by the Owner and upon the death or incapacity of the member who executed the proxy. (c) Declarant Entitled to Declarant's Right to Vote. Notwithstanding any other provisions of this Declaration, any regulation herein requiring the approval of a prescribed percentage of the voting power of members of the Association, other than the Declarants, for action to be taken by the Association shall also require the vote or written assent of a bare majority of the total voting power of the Association, as well as the vote or written assent of a prescribed percentage of the total voting power of members other than Declarant. Declaration of Covenants, Conditions, and Restrictions for Snowy Butte iVIeadows - A Planned Unit Development Page 4 of 24 ~~aaazr:~cc&w -23- (d) Suspension of Voting Rights. The voting rights of an Owner shall be suspended during such period as any assessment due hereunder frotn such Owner remains unpaid; provided, however, that the Board shall give any such Owner at least fifteen (15) days' notice prior to such suspension and such Owner shall be entitled to a hearing before the Board in accord with Section 3.4 of the Bylaws. 2.4 Initial Board of Directors. The initial Board shall be appointed by Declarant. Thereafter, the Board shall be elected as provided in the Bylaws. 2.5 Duties of the Association. The Association shall have the obligation and duties subject to and in accordance with this Declaration to do and perform the following acts for the benefit of its members and for the maintenance and improvement of the common areas. (a) Common Area Maintenance and Operation. 'I'o maintain and otherwise manage the common area, after such property is conveyed or otherwise transferred to it, all improvements located thereon, all easements for operation and maintenance purposes over the common area, and all easements for the benefit of members and the Association within the common area. Each Owner hereby grants to the Association a nonexclusive easement of ingress and egress to that portion of his/her lot as may be reasonably acquired by the Association to exercise and otherwise perform its rights under this Section 2.5(a). (b) Utilities. To acquire, provide, and/or pay for water, sewer, garbage disposal, refuse pickup, electrical, and other necessary utilities for the common area. (c) Sidewalks, Mailboxes, Etc. The Association shall, after the construction thereof by Declarant as part of the initial development of the PUD, maintain, repair, replace, reconstruct, and relocate pathways, sidewalks, lighting, street signs, any mail and post boxes, and the landscaping located within the common area as initially designated on the plans filed with the Association or as initially constructed by Declarant. Each Owner hereby grants to the Association a nonexclusive easement of ingress and egress to that portion of his/her lot as may be reasonably required by the Association to exercise or otherwise perform its rights under this Section 2.5(c). (d) Parking Spaces. To assign or designate parking spaces in the common area for use by Owners and guests under established rules for the use of such parking spaces and for the enforcement of same. (e) Other. To perforrrt such other acts whether or not expressly authorized by this Declaration as may be reasonably necessary to enforce any of the provisions ofthis Declaration, the Bylaws, and the Association Rules. Declaration of Covenants, Conditions, and 12esh~ictions for Snowy Butte Meadows - A Planned Unit Development Page 5 of 24 ~zas3zr:~ccaa: -24- 2.6 Powers and Authority of the Association. The Association shall have all of the powers of a nonprofit corporation organized tinder the general nonprofit corporation laws of the State of Oregon subject only to such limitations upon the exercise of such powers as are expressly set forth in the Articles, Bylaws, or this Declat ation. The Association shall have the power to do any and all lawfitl things which maybe authorized, required, or permitted to be done by the Association under this Declaration, the Articles, and the Bylaws and to do and to perform any and all acts which may be necessary and proper for or incidental to the exercise of any of the express powers of the Association, including without limitation: (a) Assessments. To levy assessments on the Owners and enforce payment of such assessments all in accordance with the provisions of Sections 5 and C> of this Declaration. (b) Right of Entry and Enforcement. To enter upon any lot or the common area for the purpose of performing the duties of the Association set forth in Section 2.5 of this Declaration, in enforcing by peaceful means any of the provisions of this Declaration, or maintaining or repairing any area, including the landscaping on each lot in a neat and attractive manner required to be maintained by an Owner if for any reason such Owner fails to maintain or repair such area. Such entrance upon a lot shall be after seventy-two (72) hours' prior written notice to the Owner; provided, however, that such enhance shall be permitted upon consent of at least one Board member without any prior notice in the event of an emergency. An emergency shall be deemed to exist when there is a condition causing peril or threat to persons or property. The Association shall also have the power and authority from time to time in its own name, on its own behalf, or on behalf of any Owner or Owners who consent thereto to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of this declaration and to enforce by mandatory injunction or otherwise all the provisions hereof. These rights will be exercised in such a manner as reasonable to minimize any adverse impact upon the Owner's right of enjoyment of his/her lot. (c) Easements and Rights-of--Way. To grant and convey to any third party easements and rights-of--way in, on, over, and under the common area for the purpose of constructing, erecting, operating, or maintaining thereon, therein or thereunder, overhead, or underground lines, cables, wires, conduits, or other devices for the transmission of electricity for lighting, heating, power, telephone, and other purposes; public sewers; storm water drains and pipes; water systems; sprinkling systems; water and gas lines or pipes; cable T. V. lines; security system lines; and any similar public or quasi-public improvements or facilities. (d) Employment of Manager. To employ the services of a person or firm to manage the common area and the affairs of the Association (the "Manager") to the extent deemed advisable by the Board, as well as other such personnel as the Board shall deem to be necessary Declaration of Covenants, Conditions, and Restrictions for Snowy Butte Meadows A Planned Unit Development Page 6 of 24 ~zas3zc~cc&a: -25- or proper for the operation of the common area, whether such personnel arc employed directly by the Association or are furnished by the Manager. (e) Services. To contract for materials and/or services for the common area or the Association. Any such service contract or management contract pursuant to Section 2.6(d) of the Declaration shall be subject to termination by either party without cause upon thirty (30) days' notice in writing to the other party. (f) Rules. By majority vote of the Board and from time to time to adopt, amend, enforce, and repeal such rules and regulations as the Board shall determine to be necessary or proper to the operation of the PUD (the "Association Rules"). The Association Rules shall govern the use of the common area by any Owner, by the family of such Owner, or- by any invitee, licensee, or tenant of such Owner ;provided, however, that the Association Rules may not discriminate among Owners and shall not be inconsistent with this Declaration, the Articles, or Bylaws. A copy of the Association Rules, as they may from time to time be adopted, amended, or repealed, shall be mailed or otherwise delivered to each Owner. Upon such mailing or delivery, the Association Rules shall have the same force and effect as if set forth in and a part of this Declaration. The Association Rules shall not materially change the rights or privileges of any person or the restrictions on any lot as herein set forth. 3. SPECIAL PROVISIONS. 3.1 Lot 19. A part of lot 19 (common area) includes the Griffin Creek corridor, which will be preserved and maintained in a natural state. This ensures that the maintenance of the area will sustain Griffin Creek as a natural aspect. 3.2 Sewer Pumros. Each individual lot Owner is responsible for the maintenance of utility connections on their lot outside of the PUE, specifically including, but not limited to, the maintenance of sewer pumps on lots 1, 2, 3, 4 and 13, 14, 15, 16, 17, and 18. 4. CONSTRUCTION IMPROVEMENTS. 4.1 Sidewalks. At the time of initial construction of a dwelling on a lot, the Owner shall, prior to occupancy, construct a standard four-foot-wide sidewalk, in conformance with city code requirements, on the length of the property that is adjacent to a private drive. 4.2 Fencine. At the time of initial construction of a dwelling on a lot, the Owner shall, prior to occupancy, construct a fence, in conformance with city code requirements. Declaration of Covenants, Conditions, and Restrictions for Snowy Butte Meadows - A Planned Unit Development Page 7 of 24 \2A832F:\CC&Rs -26- FLNDS AND ASSESSMENTS. 5.1 Operatin Fund. The Association shall establish and maintain an operating fund into which shall be deposited all moneys paid to the Association as regular, special, and emergency assessments and miscellaneous fees and from which fiord the Association shall make disbursements in the performance of its rights and duties as provided for in this Declaration. 5.2 Reserve Fund. The Association shall also establish and maintain a reserve fund for replacement of all items of common property which will normally require replacement in whole or in part in more than three (3) and less than thirty (30) years for exterior painting, if the common property includes exterior painted surfaces, and for such other items as may be required by this Declaration or the Bylaws. Declarant may defer payment of accrued reserve assessments for a lot until the lot is conveyed. T'he books and records of the Association shall reflect the amount owing from Declarant for all reserve assessments. The Board annually shall conduct a reserve study, a review and update, and existing study of the common area/common property component to determine the reserve account requirements as provided in ORS 94.595 as it may be amended from time to time. The operating fund and the reserve fund shall be kept in separate accounts. 5.3 Regular Assessments. Within forty-five (45) days prior to the beginning of each fiscal year, the Board shall estimate the costs and expenses to be incurred by the Association during such fiscal year in performing its rights and duties under this Declaration, including a reasonable provision for unanticipated expenses and replacements and less any anticipated surplus from a prior year's fund provided that the Board may not, without the vote or written assent of the maj ority of the voting power of the Association residing in members other than the Declarant, impose a regular annual assessment per lot which is more than twenty percent (20%) greater than the Regular Assessment for• the immediately preceding fiscal year. Such estimated amount shall be assessed equally to the Owners. The amount per lot so assessed to each Owner is called the "Regular Assessment." 5.4 Special or Emergency Assessments. In addition to the Regular Assessments, the Board may levy during any fiscal year a special or emergency assessment applicable to that year only for the purpose of defraying in whole or in part the cost of any construction, reconstuction (including reconstruction costs in excess of insurance proceeds), repair or maintenance necessitated by the failure of the Owner or tenant to maintain his/her dwelling unit or lot, repair of any common watered areas or utilities, unexpected repair or replacement of a capital improvement upon the common area, including the necessary fixtures and personal property related thereto, or any extraordinary expenses not contemplated by this Declaration of whatsoever nature provided that in any fiscal year the Board may not, without the vote or written Declaration of Covenants, Conditions, azrd Restrictions for Snowy Butte Meadows - A Planned Unit Development Page 8 of 24 \24832F,\CC&Rs -2'7- assent of a majority of the voturg power of the Association residing in members other than the Declarant, levy special or emergency assessments to defray the costs ofany action or undertaking on behalf of the Association which in the aggregate exceeds five percent (5%) of the budgeted gross expenses of the Association for that fiscal year. No special or emergency assessment shall be levied with respect to the initial construction of the common area, it being understood thatall such construction shall be at the sole cost and expense of the Declarant. Except as otherwise provided herein, special and emergency assessments shall be assessed to the Owners equally and shall be paid as the Board shall determine. The provisions herein with respect to special and emergency assessments do not apply in the case where the special assessment against a member is a remedy utilized by the Board to reimburse the Association for costs incurred in bringing the member and his/her lot into compliance with the provisions of the governing instrument for the PUD. 5.5 Payment of Assessments. Each Owner shall be obligated to pay Regular Assessments made pursuant to this Section 5 to the Association in equal monthly installments on or before the first day of each month in advance or in such other manner as the Board shall designate. The Board shall provide each Owner with a statement of the annual assessment within ten (10) days prior to the beginning of each fiscal year but shall not be obligated to provide monthly statements to any Owner thereafter. Special assessments shall be payable in such manner as the Board shall designate. 5.6 Commencement of Assessments. The Regular Assessments shall commence as to each lot in the PUD upon the close of the sale of the first lot to someone other than the Declarant. The first Regular Assessment shall be adjusted according to the number of months remaining in the fiscal year, and the initial payment due with respect to a partial month from an Owner, other than the Declarant, shall be prorated as of the close of escrow for the purchase of such Owner's lot. The Association shall, within 10 (ten) days after the demand and upon payment of a reasonable fee as determined by resolution of the Board, furnish to the Owner a certificate signed by an officer of the Association stating whether assessments on his/her lot have been paid. 5.7 Reimbursement Assessment. The Board shall levy an assessment against any Owner who has failed to comply with or has breached this Declaration or the Association Rules or Bylaws for whom moneys or expenses were expended or incurred by the Association from the operating fund in performing its functions or enforcing the provisions of this Declaration, the Association Rules, or Bylaws. Such assessment shall be for the purpose of reimbursing the Association and shall be limited to the amounts so expended or incurred and shall be due and payable to the Association when levied. Declaration of Covenants, Conditions, and Restrictions for Snowy Butte Meadows - A Plaz~ned Unit Development Page 9 of 24 \24832L1CC&Rs -28- 5.8 Allocation and Cost of Road Mainten_u~ce. All expenses oi'the maintenance, repair, and improvement of the Private Roads shall be allocated to the lots of the PUD in equal shares. 5.9 Assessment and Collection of Road Maintenance Costs/Liens. All assessments for expenses for maintaining and repairing of the Private Roads made pursuant to this Declaration shall constitute a lien against the property pursuant to this Declaration from the date such lien notice is recorded in the official records of Jackson County, Oregon. The cost for maintenance and repair incurred pursuant to this Declaration shall constitute a lien on the affected property from and after the date of notice of such lien has been recorded in the official records of Jackson County, Oregon. Such notice shall describe the real property, the amount of such of lien shall be stated in dollars and cents, and shall contain a reference to this Declaration or such other agreement authorizing the creation of such lien or its determination. Such lien shall run in favor and may be released by the person or persons who have incurred such costs and expenses of maintenance. All liens described herein shall be foreclosed in the manner set forth in Chapter 88 of the Oregon Revised Statutes or subsequent relevant legislation. 6. ENFORCEMENT OF ASSESSMENTS. 6.1 Covenant to Pay Assessments. Declarant covenants for each lot owned and each Owner, other than Declarant, by acceptance of a deed to a lot, shall be deemed to covenant to pay to the Association Regular Assessments, special assessments, emergency assessments, and reimbursement fees levied in accordance with Section 5. 6.2 Enforcement. Each assessment levied hereunder shall be a separate, distinct, and personal debt and obligation of the person who is the Owner of such lot at the time such assessment became due and payable. In the event of a default and payment of any such assessment, the Association may enforce each such obligation by any and all revenues provided bylaw. In the event the Association brings an action to enforce each such assessment obligation, any judgment rendered in any such action shall include a sum for reasonable attorney fees in such amount as the court may adjudge against the defaulting Owner, including reasonable attorney fees on appeal. 7. ARCHITECTURAL CONTROL. 7.1 Architectural Committee. There shall bean Architectural Committee comprised of three members who shall be appointed by and who shall serve at the pleasure of the Board. The Declarant shall appoint all of the original members of the Architectural Committee and all replacements until one-hundred percent (100%) of all lots in the PUD have been sold. Thereafter, the Board shall have the power to appoint all of the members of the Architectural Declaration of Covenants, Conditions, and Resri~ictions for Snowy Butte Meadows - A Planned Unit Development Page 10 of 24 ~zns}zr~cc&a~ -29- Committee. Members appointed to the Architectural Committee by the Declarant need not be members ofthe Association. The Architcctura] Committee, with the approval of the Board, shall have the right to hire a licensed architect, a landscape architect, an engineer, or such other professional as maybe required to advise the Architectural Committee and carry out its duties pursuant to this Section 7. 7.2 Duties of Architectural Committee. It shall be the duty of the Architechnal Committee to consider and act upon any and all proposals or plans submitted to it pursuant to the terms hereof to ensure that overall building designs, roof pitch and tiles, any painting or exteriorcoverings, windowplacementsnnd sizes, or improvements constructed, which shall also include landscaping and plantings, on the PUD by anyone other than Declarant, conform to plans approved by the Architectural Committee. No person shall make any alterations to the exterior of a dwelling unit, including changes in color, until the complete plans and specifications showing the location, nature, shape, height, and form of change (including without limitation any other information specified by the Architechtt•al Committee) have been submitted to and approved in writing as to overall appearance and harmony of design, color, and location in relation to the surrounding structures and topography by the Architectural Committee. 7.3 Architectural Rules. Upon the expiration ofDeclarant's control under Section 7.1, the Board may, from time to time, in its sole and absolute discretion, adopt, amend, and repeal rules and regulations to be known as "Architectural Rules." Said rules shall interpret and implement this Declaration by setting forth the standards and procedures for any Committee review and the design guidelines for architectural design, placement of buildings, landscaping, color schemes, exterior finishes, and materials, and similar features which are recommended for use within the PUD. These rules shall not conflict with the special limitations set forth in this Declaration. 7.4 Application for Approval ofImnrovements. Any Owner, except the Declarant and his designated agents, proposing to perform any work of any kind which requires the prior approval of the Architectural Committee pursuant to any provision in this Declaration, shall apply to such Architectural Committee for approval by notifying the Architectural Committee of the nature of the proposed work in writing and furnishing such information as the Architectural Committee may require. 7.5 Approval/Disapproval. All approvals given under this Section 7 shall be in writing. If a requested approval has not been granted within forty-five (45) days from the date of submission of all information requested by the Architectural Committee, the proposal shall be deemed approved. After Declarant no longer appoints the Architectural Committee as provided in Section 7.1, if the Architectural Committee disapproves the proposal, the applicant shall have the right to appeal such decision to the Board by giving written notice thereof to the Declaration of Covenants, Conditions, and Restrictions for Snowy Butte Meadows - A Planned Unit Development Page 11 of 24 \24832f\CC&Rs -30- President or Secretary of the Board within ten (10) days after written notice of disapproval is given to the applicant by the Architectural C;ommittec. Any such appeal shall be conducted pursuant to rules and regulations established by the Board. The Board's decision shall be final. 7.6 Completion of Work. An Owner shall complete the construction, reconstruction, refinishing, or alteration of any such improvement within twelve (12) months after commencing construction thereof, except for so long as such completion is rendered impossible or will result in great hardship to the Owner due to strikes, fires, national emergencies, natural calamities, or other supervening forces beyond the control of the Owner or his/her agents. Landscaping on each lot shall be completed within six (6) months after completion of the dwelling on such lot. If the Owner fails to comply with this Section 7.6, the Architechtral Committee shall notify the Board of such failure and the Board shall proceed in accordance with the provisions of Section 7.7 as though the failure to complete improvement were noncompliance with approved plans. Landscaping on each lot shall comply with the PUD -approved landscape plan, if any. 7.7 Inspection of Work. Inspection of work and correction of defects therein shall proceed as follows: (a) Upon the completion of any construction or reconstruction or the alteration or refinishing of the exterior of any improvements or upon the completion of any other work for which approved plans are required under this Section 7, the Owner shall give written notice thereof to the Architectural Committee. (b) Within forty-five (45) days thereafter, the Architectural Committee or its duly authorized representatives may inspect such improvement to determine whether it was constructed, reconstructed, altered, or refinished to substantial compliance with the approved plans and shall report its findings and recommendations to the Board. If the Board finds that such construction, reconstruction, alteration, or refinishing was not done in substantial compliance with the approved plans, it shall notify the Owner in writing of such noncompliance specifying particulars of noncompliance and shall require the Owner to remedy such noncompliance. (c) If upon the expiration of thirty (30) days from the date of such notification, the Owner shall have failed to remedy such noncompliance, the Board shall set a date on which a hearing before the Board shall be held regarding the alleged noncompliance. The hearing date shall be not more than thirty (30) days nor less than fifteen (15) days in advance of notice thereof by the Board to the Owner, the Architectural Committee, and in the discretion of the Board, to any other interested party. The hearing procedure shall conform to those adopted by the Board pursuant to the Bylaws. Declaration of Covenants, Conditions, and Resfrictions for Snowy Butte Meadows - A Planned Unit Development Page 12 of 24 \248326\CC&Rs -31- utility rights-of--way then of record. All said facilities shall be for the use and benefit of the residents of the PUD. 8.2 Easements in the Common Area. Every Owner shall have a right and nonexclusive easement of enjoyment in and to the common area, and for any easement shown on the final plat, an nonexclusive easement for ingress and egress over and through the common area, and a nonexclusive easement for vehicular ingress and egress over and through those portions of the common area and lots, which shall be designated as private streets on the recorded maps of the PUD. Such easements shall be appurtenant to the right of the Association to sell, transfer, or encumber all or any portion of the common area or burdened lots to a person, firm, or entity, whether public or private, and the right of the Association to dedicate or transfer all or any part of the common area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Owners. No such sale, transfer, encumbrance, or dedication shall be effective except upon the prior vote or written consent of members representing sixty-six and two-thirds percent (66 and 2/3 %) of the voting power of the Association and sixty-six and two-thirds percent (66 and 2/3%) of the voting power in members other than the Declarant; provided, however, that a dedication required by a governmental agency as a condition to recording a final plat covering any portion of the real property shall require no such prior vote or written consent. 8.3 Utility Easements. Each lot shall be conveyed to Owners, other than Declarant, subject to any and all easements of record for the use and benefit of several authorized public and/or other utilities, including but not limited to cable T.V., sanitary sewers, water, gas, electrical, and drainage easements, and no Owner shall damage or interfere with the installation or maintenance of such utilities or in any manner change the direction or flow of drainage channels in any such easements or in any manner construct or retard the flow of water through drainage channels in any such easement. 8.4 Cross Access Easements. All Owners shall have an easement across all other Owners' properties on that section of each Owners' property that is part of the Private Roads as recorded on the final plat of the PUD. 8.5. Pedestrian Access. There shall be afour-foot-wide easement for pedestrian ingress and egress on lots 11, 15, 16, 17, and 18, adjacent to the Private Roads. This easement does not limit lot Owners' abilities to use the burdened portions for any lawful purposes, including, but not limited to, vehicular access and utility services, as long as such use does not interfere with pedestrian access. Declaration of Covenants, Conditions, and Resh fictions for Snowy Butte Meadows A Planned Unit Development Page 14 of 24 124832E\CC&Rs -33- LAND USE AND BUILDING TXPE. 9.1 Ilse. All lots in said PUD shall be known and described as residential lots and shall not be used except for residential purposes. 9.2 Lot Size and Division. Lot sizes are plainly shown on the recorded plat and no lot shall be resubdivided. 9.3 Residential Dwellin>?s. No building shall be erected, altered, placed, or permitted to remain on any lot other than one detached single-family dwelling and private garage for not more than three (3) cars and other structures incidental to the residential use of the lot. 9.4 Garage Setbacks. All garages shall have a minimum setback of twenty (20) feet from the curb face. 9.5 Specific Limitations. The Owners of lots 11, 15, 16, 17, and 18 shall not encroach on the sidewalk. 10. DWELLING AND LOT SIZE. 10.1 Dwelling Size. All dwellings shall be a minimum of 1,400 square feet and one or two stories. The total square footage does not include open porches and garages. 10.2 Dwelling Height. The maximum height for any dwelling shall be 35 feet. 10.3 Drivewav. All driveways shall comply with city code requirements. 10.4 Fronta¢e. That portion of a new dwelling which fronts onto the Private Roads shall be at least two-thirds (2/3) hard surface (rock or brick). The Architectural Committee may reduce this requirement to one-half (%2) hard surface upon a showing of compatibility with adjacent structures. Landscaping on lot frontage must comply with city code requirements. 11. ROAD MAINTENANCE. The provisions of this paragraph shall apply to all lots in the PUD. The Association agrees to maintain and repair the Private Roads. 11.1 Road Requirements. The Private Roads have been constructed and shall be maintained or repaired as set forth herein for utilization as a private access easement road to Declaration of Covenants, Conditions, and Restrictions for Snowy Butte Meadows - A Planned Unit Development Page I S of 24 \24832LKC8Rs -34- service the lots in the Snowy Butte Meadows PIID. "I'he Private Roads shall be used for road purposes only and shall not be obstructed by any Owucr for any purpose. 11.2 Default Standards of Maintenance. The Association shall annual ly determine the necessary repair and maintenance to be done to keep the I'rivatc Roads in good condition and repair as all-weather roads and the assessment oCthe costs of such maintenance and repair shall be as provided for herein. 11.3 Indemnification. Each Owner of any of the real property in the Snowy Butte Meadows PUD agrees to defend and indemnify and hold the other Owners harmless from and against any losses, claims, demands, and other liabilities whatsoever arising out of his/her use of the Private Roads or use thereof by such Owner's invitees, guests, agents, or employees and each Owner further assumes all risks arising out of such Owner's use of the Private Roads and cone of such Owners shall have any liability as between themselves for any condition existing thereon. Each Owner shall carry a homeowner policy of insurance covering such liability for use of the Private Roads and the Owner's lot for a minimum of $500,000 per occurrence. 12. AMENDMENTS. 12.1 Procedure. Except as otherwise herein expressly provided, until the two (2) class voting structure of the Association is converted to one (1) class voting, this Declaration maybe amended by an instrument in writing signed and acknowledged by the President and Secretary of the Association certifying that such amendment has been approved by members representing at least seventy-five percent (75%) of the total voting power of each class of membership of the Association. At such time as the two (2) class voting structure has been converted to one (1) class voting pursuant to the provisions hereof, any such amendment shall be approved by seventy-five percent (75%) of the total voting power of the Association and seventy-five percent (75%) of the votes of members other than the Declarant; provided that the percentage of the voting power necessary to amend a specific clause or provision shall not be less than the percentage of affirmative votes prescribed to take action under said clause or provision; and provided further that the Declarant shall have the power and authority to amend this Declaration when required by a governmental agency as a condition to obtaining a permit. 13. USE RESTRICTIONS The use of the lots and the common area shall be restricted in accordance with the following provisions in addition to all other covenants, conditions, and restrictions herein contained. Declaration of Covenants, Conditions, and Restrictions for Snowy Butte Meadows - A Planned Unit Development Page 16 of 24 \?4632L\CC&Rs -35- 13.1 Residential Use. The lots and dwelling units shall be used for residential pw-poses only as approved by the Architectural Committee pursuant to Section 7 and the initial design standards of Section 7.3, except as specifically provided for in this Declaration. No mobile, modular, or manufactured dwelling shall be allowed on any lot. 'I'bis Section 13.1 and Section 13.3 shall not exclude the construction of a private greenhouse, storage unit, private swimming pool, or shelter for the protection of such swimming pool, or storage oCa boat and /or personal- use camping trailer. All such improvements must be located in conformance with all applicable municipal regulations and be compatible in design with the residential construction on the subject lot and adjacent lots as determined by the Architectural Committee. 13.2 Maintenance. Eaoh Owner shall maintain and keep his dwelling unit and lot in a clean, sanitary, and attractive condition. Landscaping on each lot shall be maintained in at least as good or better quality in design and nature of planting as is required by the Architectural Committee at the time of initial construction of a dwelling on the lot. If the Owner fails to maintain his/her dwelling unit and lot or any landscaping required by the approvals, as required herein, the Association shall have the right to go upon the Owner's lot and perform such maintenance pursuant to the Association's authority set forth in Section 2.6 hereof. The costs incun•ed by the Association shall be assessed against the lot as a special assessment pursuant to Section 5.4. 13.3 Commercial or Agricultural Use. No industry, business, trade, occupation, or profession of any kind shall be conducted, maintained, or permitted on any part of the PUD, unless specifically allowed by this Declaration, approved by the Home Owners Association prior to operation and permitted and approved as a home occupation by Jackson County and any other applicable governmental authority. No agricultural barns shall be permitted. 13.4 Animals. Household pets, in a reasonable number, may be kept if they are solely household pets for private use and not for commercial purposes. No animal shall be allowed to make an unreasonable amount of noise or otherwise to become a nuisance. No dog shall be permitted outside of the lot of the Owner of said dog unless it is under the control of a responsible person by means of a leash. Upon request of any Owner, the Board shall determine, in its sole discretion, whether for the purpose of this Section, a particular animal shall be considered a house pet or a nuisance. The Owner of any pet shall be responsible for cleaning up after said pet on any property within the planned community, including any common areas. Any structure for the care, housing, or confinement of any house or yard pet shall be approved by the Architectural Committee for its design and placement on each lot. 13.5 Utility Service. Except as approved by the Architectural Committee or set forth on the final plat, no lines, wires, satellite dish larger than eighteen inches (18"), antennae, or other devices of any kind for the communication or transmission of electric current or power, Declaration of Covenants, Conditions, and Restrictions for Snowy Butte Meadows -~ A Planned Unit Development Page 17 of 24 ~as3zc~cc&as -36- including telephone, television, and radio signals, shall be constructed, placed, or maintained anywhere in or upon any lot unless the same shall be contained in conduits or cables constructed, placed, and maintained underground or concealed in, under, or on buildings or other approved structures. Nothing herein shall be deemed to forbid the erection and use of temporary power or telephone services incident to the construction of approved improvements. 13.6 Temporar Occupancy. No trailer, basement of any incomplete building, tent, shack, garage, and no temporary building or structure of any kind shall be used at any time on any lot for a residence either temporary or permanent. 13.7 Outside Storage and Parki>~. All firewood and other materials or equipment stored on any lot shall be screened from the ordinary view from adjacent lots and sheets. 13.8 Trash Rece to acles. All trash shall be retained in appropriate receptacles and cans shall be kept clean and sanitary and shall be screened from reasonable and ordinary view from the adjoining lots and streets. Such screening is a condition of the approvals. Burning of organic material shall comply with all applicable local, state, or federal regulations. Temporary construction debris shall be contained for removal as provided in Section 13.21 herein. 13.9 Basketball Standards. No basketball standards or fixed sports apparatus of any nature shall be attached to any dwelling unit or garage or be erected on any lot, except in the rear yard of such lot. Any such apparatus must be approved by the Architectural Committee for placement with regard to sensitivity to neighboring lots. Such approval may be withdrawn with 30 days' written notice. No portable basketball hoops shall be stored in the public right-of--way. 13.10 Garages and Parking. Garages shall be used only for the parking of motor vehicles or recreational vehicles, storage, and permitted workshop purposes. All garages will have automatic garage door operators and all residents are encouraged to keep garage doors, which are visible to the street, closed whenever practical. Residents are encouraged to park their vehicles on their property behind the front yard setback line and preferably in enclosed garages. 13.11 Clothes Drving Facilities. No outside clotheslines or other outside clothes drying or airing facilities shall be maintained on any lot, unless the Architectural Committee finds such facilities to be adequately concealed so as not to be seen from any adjacent property. 13.12 Mailboxes. There shall be no exterior newspaper tubes or freestanding mailboxes, except as may have been initially installed by or pursuant to plans previously approved by Declarant or thereafter approved by the Architectural Committee. Declaration of Covenants, Conditions, and Restrictions for Snowy Butte Meadows - A Planned unit Development Page 18 of 24 \24832E\CC&Rs -37- 13.13 Nuisances. No machinery or equipment of any kind shall be placed, operated, or maintained upon or adjacent to any lot except such machinery or equipment, such as private workshop equipment, as is usual and customary in connection with the use or maintenance of a dwelling unit. No noxious or offensive condition, including activity causing excessive smoke, dust, noise, or debris, shall be permitted upon any part of the property. Motorized bikes and all- terrain vehicles may not be operated on any lot or the common areas. Motorized transportation may be operated on a lot solely for the purpose of transporting it fi-om a residence to a public roadway for off-site use but recreational use of such machinery within the PUD is not allowed. 13.14 Diseases and Insects. No Owner shall permit any thing or condition to exist upon his lot which shall induce, breed, or harbor infectious plant diseases or noxious insects. 13.15 Mineral Exploration. No property within the PUD shall be used in any manner to explore for or to remove any water, oil, or other hydrocarbons, minerals of any kind, gravel, earth, or any other such substance ox' other mineral of any kind except for any excavation that may be done in connection with the construction of a dwelling on the property. 13.16 Restrictions on Further Subdivision. No lot shall be further subdivided. No Owner, except Declarant, may grant an easement or other interest in a lot without the prior written approval of the Board and the Architectural Committee. 13.17 Signs. No signs (including without limitation, commercial, family "crest" or name signs, and all such similar signs) which are visible from neighboring property shall be erected or maintained on any lot except: (a) Such signs as maybe required by legal proceedings; (b) Such residential identification signs as are installed in the initial construction of the dwelling units, subject to the review of the Architectural Committee and approval by the Board as to suitability; (c) During the time of construction of any residence or other improvement by Declarant, job and sales identification signs; and (d) Approved PUD identification monument sign(s) located at the entry to the PUD. In addition to and in conjunction with the signage, one or more monument walls at the PUD entrance may be constructed. (e) Not more than one "for sale" sign having dimensions not to exceed eighteen (18) by seventy-two (72) inches, pursuant to the Rules of the Association, so long as the posts or Declaration of Covenants, Conditions, and Reshictions for Snowy Butte Meadows ~- A Planned Unit Development Page 19 of 24 \24F32E\CC&Rs -38- standards for said signs do not damage or destroy ]awns or plantings. This provision shall not prevent Declarant or any principal building contractor, from advertising during the constt uction of improvements on any lot or within the real property or during the period of time any lot is owned by Declarant. 13.18 Right of Inspection. Upon seventy-two (72) hours' written notice (emergencies excepted) and during reasonable hours, any authorized member of the I3oard, or any authorized representative of any Board member, shall have the right to enter upon and inspect the lot and the exterior of the dwelling unit or any of the improvements thereon for the purpose of ascertaining whether or not the provisions of these covenants, conditions and restrictions, the Bylaws and the rules and regulations adopted by the Board, have been or are being complied with, and such persons shall not be deemed guilty of trespass by reason of such entry or inspection. Ifsuch inspection is made by the Architectural Committee upon authorization by the Board, a report shall be made to the Board which will decide the action to be taken. These rights shall be exercised in such a manner as to reasonably minimize any adverse impact upon the Owner's right to enjoyment of his/her lot. 13.19 Tenant Leases. No dwelling unit shall be rented or leased for a period of less than thirty (30) continuous days at one time. All rental and lease agreements shall be in writing and shall comply with the provisions of the Bylaws. 13.20 Fences. All permanent and temporary fences and railings require approval by the Architectural Committee prior to construction. All necessary municipal permits shall be obtained prior to any fence construction. All fences must be constructed so as to provide a finished appearance. All fences and railings shall be well constructed and maintained and shall not detract from the appearance of other improvements located upon the lot. The maximum height and location of all fences, railings, and hedges shall be determined by the Architectural Committee and must conform with all applicable county or municipal regulations, but in no event shall a fence exceed eight (8) feet in height. Hedges and sight- obscuringplants shall not exceed three (3) feet in height in the front yard or along any side lot line for the proscribed setback length, unless otherwise required by the final landscape plan, adopted as a condition of the approvals. 13.21 Construction Debris. The Owner of each lot is responsible for the temporary containment and permanent removal of all construction debris on the lot and any debris which is windblown or in any way displaced from the construction site to adjoining property. The Owner is also responsible for the cleanup of any dirt or mud tracked into the common area street during the course of construction of improvements on his property. The Owner shall not allow the accumulation of large quantities of debris, on or off site, during the course of construction. Declaration of Covenants, Conditions, and Restrictions for Snowy Butte Meadows A Planned Unit Development Page 20 of 24 p4832G\CC&Rs -39- 13.22 Landscape or Common Area Maintenance. No lot Owner shall do any alteration, work, or maintenance within the landscape or common areas without the approval of the Board and the Architectural Committee. 13.23 Firearms. No firearms or archery equipment shall be used or discharged on any lot or common area. However, such items may be kept inside any residence. 13.24 Fuel Tanks. No fuel tanks shall be constructed above or below ground level except for propane gas for home use. Any such tank shall be screened from view in a manner approved by the Architectural Committee. 13.25 Lighting No invasive outdoor lighting within the PUD shall be permitted. A11 outdoor lights shall be shielded from point source glare and shall not be directed towards adjacent parcels. All overhead or other area lighting shall be shielded to cast a downward glare. There shall be no night guard lights. 14. DEVELOPMENT RIGHTS 14.1 Limitations of Restrictions. Declarant Is undertaking the work of constructing improvements identified in Section 14.2. The completion of that work and the sale, rental, and other disposal oflots is essential to the establishment and welfare of said property as a residential community. In order that said work may be completed and said property be established as a fully occupied residential community as rapidly as possible, nothing in these restrictions shall be understood or construed to: (a) Prevent Declarant, its contractors, subcontractors, or permittees from obtaining reasonable access over and across the common area of the PUD or from doing, on any lot or any portion of the PUD, whatever is reasonably necessary or advisable in connection with the completion of said work; or (b) Prevent Declarant from maintaining such signs withing the PUD, as may be necessary for the sale or disposition of the lots therein. 14.2 Declarant's Development Rights. Notwithstanding any other provision herein contained, Declarant expressly retains unalterable rights to develop the real property described on Exhibit A. Upon development of all such property, Declarant shall have constucted or shall construct a private drive. Declaration of Covenants, Conditions, and Itesh'ictions for Snowy Butte Meadows - A Planned Unit Development Page 21 of 24 @qg}pE\CC&Rs -40- Nothing in the Declaration shall limit the right of Declarant to commence and complete consh~uction of improvements to the PUD or to alter the foregoing or to construct such additional improvements as Declarant deems appropriate prior to the sale of all of the real property described in Exhibit A. 15. GENERAL PROVISIONS. 15.1 Bindine Effect; Term. The covenants, conditions, and restrictions of this Declaration shall run with the land and shall inure to the benefit of and be enforceable by the Association or any Owner, their respective legal representatives, heirs, successors, and assigns. 15.2 Nuisance. Every act or omission whereby any provision of this Declaration is violated in whole or in part is hereby declared to be a nuisance and maybe enjoined or abated, whether the relief sought is negative or affirmative action, by Declarant, the Association, or any Owner. 153 Violation of Law. Any violation of any federal, state, municipal, or local law, ordinance, or regulation pertaining to the ownership, occupation, or use of the PUD or any part thereof is hereby declared to be a violation of this Declaration and subject to any and all of the enforcement procedures set forth herein. 15.4 Condemnation of Common Area. If at any time all or any portion of any common area, or any interest therein, be taken for any public or quasi-public use under any statute, by right of eminent domain, or by private purchase in lieu of eminent domain, the entire award in condemnation shall be paid to the Association. Any such award to the Association shall be deposited into the operating fund of the Association. No Owner shall be entitled to any portion of such award, and no Owner shall be entitled to participate as a party, or otherwise, in any proceedings relating to such condemnation, such right of participation being herein reverted exclusively to the Association or other holder of the fee title which shall, in its name alone, represent the interests of all lot Owners to the extent such lot Owners have any interest. 15.5 Oblieations of Owner. No Owner may avoid the burdens or obligations imposed on him/her by this Declaration through non-use of the common area or by abandonment of his/her lot. Upon the conveyance, sale, assignment, or other transfer of a lot to a new Owner, the transferring Owner shall not be liable for any such assessments levied with respect to such lot after the date of such transfer, and no person, after the termination of his/her status as an Owner and prior to his/her again becoming an Owner, shall incur any of the obligations or enjoy any of the benefits of an Owner under this Declaration. Declaration of Covenants, Conditions, and Resfrictions for Snowy Butte Meadows - A Planned iJnit Development Page 22 of 24 t24832L\CCkRs -41- 15.6 Notice of Sale. Within five (5) business days after the consummation of the sale of any lot under circumstances whereby the transferee becomes an Owner thereof; the transferee shall notify the Association in writing of such sale. Such noti~Fcation shall set forth (a) the name of the transferee and his/her transferor; (b) the street address of the lot purchased by the transferee; (c) the transferee's mailing address; and (d) the date of sale. Prior to receipt of such notification, any and all communications required or permitted to be given by the Association, the Board, or the Architectural Committee shall be deemed to be duly made and given to the transferee if duly and timely made and given to his/her- transferor. 15.7 Notices. Any written notice or other documents relating to or required by this Declaration maybe delivered either personally or by mail. Ifby mail, such notice or document shall be deemed to have been delivered and received five (5) calendar days after a copy thereof has been deposited in the United States Postal Service, postage prepaid, addressed as follows: (a) If to the Association, to the address designated by the Association as its principal office address in the Articles. (b) If to an Owner, to the address of any lot owned in whole or in part by him/her on- to any other address last furnished by an Owner to the Association. (c) If to Declarant: Dale Clark 3365 Snowy Butte Lane Cenh~al Point, OR 97502 provided, however, that any such address may be changed at any time by the party concerned by delivering a written notice of change of address to the Association. Each Owner of a lot shall file the correct mailing address of such Owner with the Association and shall promptly notify the Association in writing of any subsequent change of address. 15.8 Cumulative Remedies. Each remedy provided by this Declaration is cumulative and not exclusive. 15.9 Partial Invalidity. The invalidity or partial invalidity of any provision of this Declaration shall not affect the validity of, or enforceability of, any other provision. 15.10 Number; Gender. As used herein, the singular shall include the plural and the plural the singular unless the context requires the contrary; and the masculine, feminine, and neuter shall each include the masculine, feminine, or neuter as the context requires. Declaration of Covenants, Conditions, and Restrictions for Snowy Butte Meadows - A Planned Unit Development Page 23 of 24 ~xnsszncc&a~ -42- IN WITNESS THEREOF Declarant bas executed this Declaration this day of _.___._ . 2004. Dale Clark STATE OF OREGON ) ss. County of Jackson ) On this day of , 2004, personally appeared before me the above- named Dale Clark and acknowledged the foregoing Declaration of Covenants, Conditions, and Restrictions to be his voluntary act and deed. Notary Public for Oregon My Commission Expires: Declaration of Covenants, Conditions, and Restrictions for Snowy Butte Meadows - A Planned Unit Development Page 24 of 24 ~zasszencc&as -43- ftrT~<<-i~r~~~ i ~,~,t CITY OF CENTRAL POINT Public Works Departtnent INTEROFFICE MEMORANDUM TO: PLANNING DEPARTMENT. FROM: MATT SAMI PORE SUBJECT: SNOWY BUTTE MEADOWS DATE: 11/2/2004 CC: FILLi Planning Department The applicant for the Snowy Butte Meadows Planned Unit Development (PUD) has asked for Final PUD approval fox his project. The applicant has not submitted any construction plans for his development and no site improvements have occurred at this time. The developer has the right to ask for Final PUD approval without the improvements being made, but will not be able to Final Plat the development ox sell parcels until several items have occurred. The developer will need to submit a set of engineering/construction plans for all the public and private improvements for Snowy Butte Meadows (i. e. all streets, sewer lines, water lines, and storm drain facilities). Once the engineering plans are approved for construction the applicant can either build all of the improvements or bond fox the improvements, prior to issuance of Final Plat. If the developer chooses to bond fox the improvements, the bond will only be good fox six months, unless an extension is granted by the Public Works Director. No certiFicate of occupancies shalt be issued until all the improvements have been completed and approved. Sincerely, ~G~~~ Matt Samitore ~~-- Development Services City of Central Point -44-