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Planning Commission Packet - December 7, 2004
cI'I'Y OF CI,N`I'1IAG POINT PLANNING COMMISSION A(xENDA December 7, Z.t~1,04 ~ 7:0~ ~>.n~. CV Next l'lazulzng Cplnzntssian Resalutipil Na. 631 I, MEETING CALLED TO ORDER II, ROLL CALL Chuck Pilazld ,Candy Piste, Dazl Faster, Paul Lunte, Cannie Moczygezllba, azld Wayzle Riggs III. CORRESPONDENCE IV. MINUTES A. Review azld approval of Naveznber 2, 2004, Planning Comznissipn Minutes V. PUBLIC APPEARANCES VI. BUSINESS ~. Public zzzeetizlg to review a fznal development plan far Phase ZZ of Daisy Creek Village, a Planned Unit Development cozlsisting of 36 uzlits. The project is located zlear the intersection of Glenn Way and West Pine Street in an R-3, Multiple Pamily zoning district az? Map 3~ 2W Pgs ~`~~ lOAB, Tax Lot G500 and Map 37 2W lOAD, Tax Lats 800 and 1000. B. Public meeting to review a final development plan for Pittview Village, a Planned Unit Development. The project is located near the intersection of Pittview Avenue and Shayla Lane, and is identified in the records ofthe Jackson County Assessor as Map 37 ~g5 2~-~~ 2W l I AD, Tax Lots 6400 and 4500. VI. MISCELLANEOUS Assignment of Planning Commission Resolution Numbers 629 and 630 to previously approved final development plans. VIII. ADJOURNMENT Pc12472044 City of Central Point Planning Commission Minutes November 2, 2444 1. MEETING GALLED Tt~ ORDER AT 7:00 P.M. 11. RDLL CALL: Chairman Chuck Piland, Candy Fish, Dan Foster, Paul Lunte, and Wayne Riggs were present. Connie Moczygemha was absent. Also in attendance were Dave Alvord, Community Planner Ken Gersehler, Community Planner; and Lisa Morgan, Planning Secretary. III, CC}RRESP{~NDENGE There was correspondence relating to an additional Business item added for a Final Development Plan review known as Snowy Butte Meadows Item "E" IV. MINUTES Gommissioner Fish made a motion to approve the minutes from C}ctober ~, 2U04. Commissioner Lunte seconded the motion. RQLL CALL: Fish, yes; Foster, yes; Lunte, yes; Riggs, Yes. Motion passed. V. PUBLIC APPEARANCES There were no public appearances. VI. BUSINESS A. Public hearing to review Planned Unit Development, Tentative Plan and Canditianal use applications that would amend the previously approved Beebe Woods Planned Unit Development by including a 4~'' phase near the northwest corner o€the project. This proposed 4`~` phase would add five fats derived €ram an adjacent tax lot and would not change any other elements o€ the original P.U.D. approval. The subject parcel is in the R-2, Residential Two Family District and is identified in the records a€ the Jackson County Assesar as Map 37 2W 41CB, Tax 244. The properties are located on the east side o€' Hamrick Road (4464 Hamrick Road}, earth a€ East Pine Street and south a€ Parkwoad Village Lane. Chairman Piland asked Commissioner's if there is any ex-parte communications or conflicts of Planning Carrrrrrission Minutes Na~~ern8er' 2, 2t1Q4 Page 2 interest to declare. Commissioner Fish stated that she had received tuail from Galpi~~ & associates, however did not open it aware of the upcoming hearing. Ken Cerschler, Community Planner presented the Planning Department staffreport. 1-Ie rcportccl that the additional phase is not a significant impact and would be bound by file conditions of approval as set forth in the original approval. There were questions regarding the access for the proposed 5 new lots and the Layton's existing home, and if residents would be using t-Iamrick Road, or using the Layton driveway as an access point to Hamrick Road. Mr. Gerschler explained that from a Planning aspect, we have to look at how the property could be developed independently from Beebe Woods versus as a part ofBeebe Woods. By including tax lot 2010 with Beebe Woods, it would reduce traffic directly onto I-lamrick. Mr. Gerschler directed further questions to the agent, Craig Stone. Craig Stone, agent for the applicant came forward to answer questions. Mr. Stone coz~fin~ed that the five new Tots would take access from Lzve C3ak. He indicated that he spoke with the Layton's and they do not have a preference where they take access from for their existing home. The Layton's will retain their existing access onto Hamrick, and are also being provided with access to Live Qak. The Layton's driveway is private and no one will be permitted to use it as an access or short cut to l-Iamrick Road. The Layton's have no plans ofdeveloping what will remain their tax lot as this time. With an existing home, it would be difficult. No one offered comments in favor of or against this application. The public portion of the meeting was closed . Commissioner Lunte made a motion to adopt Resolution 526, approving a 4t"Phase, consisting of 6 Sots (5 new lots - 1 with an existing home}, subject to the recommended conditions of approval made under the original approval for Beebe Woods, a Planned Unit Development. Commissioner Fish seconded the motion. ROLL CALL: The motion passed unanimously. B. Public hearing to consider 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 'rs identified in the records of the Jackson County Assessor as Map 37 2W 03AB, Tax Lot 410U. It is located north of Scenic Avenue, east of Dobrot Way and west of Rock Way. Dave Alvord, Community Planner presented fihe Planning Department staff report. Ptanning C`c~rnrnrssion Minutes Nouernber 2, 2t)t1~ Page 3 Mr. Alvord explained that there is an existing 24' wide easement located approximately in the center of the parent tax lot. This access will remain and be used as access by the proposed 3 tax lots. Mr. Alvord pointed out that there are structures other than the existing home and will be removed or relocated. The developer will have to determine if the existing well will be used for irrigation or abandoned. Roger Smalley, applicanfi stated that the existing house will be used by him temporarily until his new home is completed on one of the other lots. Mr. Smalley said that he has decided to remove the existing home along with all of the other structures. No one offered comment in favor of or against the application. The public portion of the meeting was closed. Commissioner's stated they would like the decision of the well included in the conditions of approval. Commissioner Riggs made a motion to adopt Resolu#ion 627 approving a Minor Partition to create three tax lots, subject to the recommended conditions of approval. Commissioner Foster seconded the motion. ROII CAII: The motion passed unanimously. C. Public hearing to review a Tentative Plan application fora 7 lot subdivision known as Hanley Dale. 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 10CA, Tax Lot 6Q00. It is located north of Beall Lane, and east of Hanley Road. Ken Gerschler, Community Planner presented the Planning Department staff report. He explained that this is a standard subdivision application, not a Planned Unit Development. The lots are larger than the minimum 8,OC}0 square foot lot requirement, due to Jackson Creek running along the back portions of lots 3 & 4, which will have a 2~' riparian setback. Future owners of lots 3 & 4 will be responsible for maintenance for that portion of Jackson Creek. Mr. Gerschlertalked about the distance between Quail Court and proposed Hanley Circle. Public Works has worked with the applicant, and determined that the minimuml5fl' distance between the two streets is adequate. The proposed lots will have access from a 52' wide cul-de-sac. lots 1 & 7 will have a 60' total setback from center line of Hanley Road ~3fl' from center line, ~0' R-4-W dedication and standard 20' special setback}, In addition, lots 1 & 7 at the applicant's discretion may need to have a lot line adjustment into the larger lots because of the R~a-W, and special set setback requirements from Hanley Plarsning Carntnissiort Minutes Rtovenrber 2, 2t1tJ4 Page 4 Road as set forth in the TSP and Comprehensive Plan far secondary arterial roads. The Planning Department has received comment from RVSS, and there is sewer in the area and will not be a problem. Fire District # ~ has not submitted comment; therefore the applicant will have to acquire approval from Fire District # 3, prior to the City signing the final plat. Mr. Gerschler stated that everything seems to be in order and staff recommends approval. Ran Maddox, applicant said that Mr. Gerschler did a great job presenting the staff report, Na comments were offered in favor of or against the application. Public portion of the meeting was closed. Commissioner ~unte made a motion to adopt Resolution 628 approving a Tentative Plan application to approve a 7 lot subdivision known as Hanley Dale, subject to the recommended conditions of approval, Commissioner Fish seconded the motion. RC?LL CALL: The matian passed unanimously. d, Public meeting to review a Final Development Plan for a Planned Unit Development conditionally approved an April £, 2004. The development is known as Countryside Terrace. The subject parcels are identified in the records of the Jackson County Assessor as Map 37 2W 11BD, Tax lots 11400 & 11000 and are located east of Freeman Road and north of Hopkins Road. David Alvord, Community Planner presented the Planning Department staff report. Mr. Alvord explained that the applicants have met the conditions and has been very cooperative through the process and accommodating the requests of the neighbors in the initial approval. Mr. Gerschler added that he had spore with Public Wants prior to the meeting regarding improvements. They still must be met prior to final plat being signed by the City. There were questions regarding the location of the tat lot and safety issues relating to same. Whether a fence should be placed around the area designated far a tot lot. Cael Neathammer, agent for the applicant addressed the questions or concerns brought up. He stated that the paving has been completed, and the stripping is scheduled for later in the weep if weather permits. He feels that all of the conditions have been met ar exceeded. Ryan Csaftis, t7wner and Developer far Countryside Terrace came forward to answer Planning Commissiar Miratetes November 2, 2~tt4 Ptrge S questions about the tat lot. Ne explained that he had hoped not to have to install a tat lot as part of the development. Ne did as an additional condition of approval from the Planning Commission during the initial approval. All of the units will be sold, and potential buyer's said that they want be using it anyway because of the claw proximity to Napkins Road. There will not be any playground equipment, it will be a grassy open area for residents to use if they wish. Commissioner Fish made a motion to eondit[anally approve the Final Development Plan far Countryside Terrace with an added condition to continue fencing along the southern property line of the development, adjacent to Hopkins Road with a 3' fence for added safety. Commissioner Lunte seconded the motion, ROLL CALL: The motion passed unanimously. E. Agenda Rev[sion -for including a Publ[c meeting to review a Final Development Plan for a Planned Unit Development conditionally approved on September 7, 2(}04. The development is known as Snawy Butte Meadows. The subject parcels are Identified n the records of the Jackson County Assessor as Map 37 2W 14DB, Tax Lot 9400 and Map 37 2V1t 10DC, Tax lot 204 and is located west of Snawy Butte Lane and north of Bealf Lane, Ken Gerschler, Community Planner presented the Planning Department's staff report. Mr, Gerschler explained to the Gommission, that we may see an amendment to this application in the future to include another phase to this development. The applicant will have to bond or complete the improvements, prior to the City signing the final plat. The lot line adjustments as discussed at the September ~, 20t}4 hearing Dave been made and are reflected in the plans before the Planning Commission. All lots will be accessed off of Beall Road and Snowy Butte Lane, Qnce all of the improvements to Snowy Butte Lane have been completed the existing barrier will be removed. Dale Clark, applicant stated that the Final Development plan is identical to the original application submitted. There will be a meeting with property owners on Snawy Butte Lane to discuss road improvements to Snowy Butte Lane an November 3, 2flQ4. He said that he has had communications with his financial lender, and they are working an a Bancroft Bond for the improvements of Snowy Butte Lane. Mr, Glark is trying to make this as easy as passible for other property owners to participate in the improvements. The property owners an Snawy Butte Lane are enthusiastic and anxious to have these improvements made. Commissioner Foster made a motion to approve the Final Development Plan for Ptannitrg Cnrnrrrissiort Mirurtes Nn~Femher 2. 2QQ4 Page 6 Snowy Butte Meadows. Commissioner Lunte seconded the motion. RflL.L CAI.I..; The motion passed unanimousiy. VI1. MISCEI.LANEC}US Mr. Cerschler stated that we can anticipate a lighter agenda for December. Viii. ADJt)URNMENT Commissioner Lunte made a motion to adjourn the meeting. Commissioner Foster seconded the motion. RQL.L CAi_L; Motion passed unanimously, Meeting was adjourned at 8:1 ~ P.M. PLAI~INING DEPARTMENT STAFF REPORT MEETING DATE: December , 2(?04 TO: Central Point Planning Commission FRC}M: Ken Cerschler, Community Planner SUBJECT: Final Development Plan for Phase II Daisy Creek Village. Applicant: Eric ~-.rtner Constnzction, INC. PC} Box 6019 Jacksonville, C}R 9'153() Owner: Investors II, LLC 1'158 Siskiyou Boulevard Ashland, DR 9 752t~ Aunt: Gael E. I'~eathamer dba: Neathamer Surveying, T1~C. P.O. Box 1584 Medford, Oregon 9~SC}1 Pro~aertY Description) 372W 1 flA8 Tax. Lot 650C}; 372W 10AD, Tax Lots 140U approximately 2.26 acres. Zo. nine: TOD-MMR, Medium Mix Residential Suznmary The applicant requests that the Commission review and. recommend an approval to the City Council concerning the Final Development Plan for Phase II of the Daisy Creek Village Planned Unit Development. Authority CPMC 1.24,02 vests the Planning Commission with the authority to review Final Development Plans for P.U.D.'s. No public notice is required in this situation. -1- A livable Law CPMC 17.68.010 et seq. Planned Unit Development CPMC 17.65.410 et seq. TC}D~MMR, Medium Mix Residential District Dlscusszc~n CPMC Chapter 16.68 describes the requirement and application processes for Planned Unit Developments. Initially, the applicant submits a preliminary development plan with maps describing lot configuration, property boundaries and a schedule of the planned completion dates. 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 of the final development plan demonstrating that all of the conditions and requirements of the preliminary development plan have been met. The Planning Commission then reviews the Final Plan and makes a reeorruncndation to the City Council who will make the ultimate decision to approve or deny the f nal development plan. The preliminary development plan for the Daisy Creek Village P.U.D. was approved by the Commission on May 4, 200€ subject to the conditions of approval described in Resolution 615.The project has three phases, the first of which was approved in 3une 2004. This final development plan is for the second phase which contains thirty-six (36} lots. The applicant is confident that the pro j ect has met the assigned conditions of approval and has submitted the final development plan and the proposed Conditions, Covenants and Restrictions for review by the Commission. Public Works has received and approved the construction plans for the second phase; however, the Department also notes that no improvements have been made. They will require that the applicant bond or pay outright for the public and private improvements prior to the City signing the final plat. Planning +Commission Action The Planning Commission may take one of the following actions in regard to the final development plan for Phase 2 of the Daisy Creek Village Development. 1. Recommend approval of the final development plan, 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 615, or 2. Recommend denial of the final development plan based on f ndings of fact articulated by the Commission. 3. Continue the review of the f nal development plan at the discretion of the Commission. _~_ Attachments A. Final Development Plan, Daisy Crcel~ Village, Phase lI B. Proposed Covenants, Conditions and Restrictions C. Planning Commission Resolution 61 ~ D. 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RaFer to t>acvmant Numk+ar ~ -- rnt..urrai aosaS.ta aa: ),,,,.~t 3128 State ~'t., Suzte 2DQ of the OfflUai Records oP .Jaeksort Gouwty, aSart{a} Itap ~~^'~ ~. ~c~~te,,,,., .P. ~. $ax 18$~ OCO ]on page(:} Naxrafire oRr:roN Medford, Oregon 37541 3titY o4, 2aO7 J0Ci4SCNt GOUntu ~,;#n"vayDf JAC7:5aT1 CaUh"tY C,tE'L E. ltEAxFtd3AER .~I'!01]8 (541) 732-2689 BLJRVEYDR 5534$ .t'PlX (541) 732-1382 f2ar~r+al.l.~ald i.?f5f3UD4 S'RQJECT NLIltBER: D6D02 RATE: Narambar 1B, 2004 nrawvg N<W5t Frajatta~ri~ Mtner c«tawcti«,r inctCkrhy Credk ViElotp~iwl Plot paFa1 Grk VEllayo Ph2{xa 5hoet 2 0f 2 ~ cEn R rdj.`Jat of a prrtlun of Laks 6 auP 9, aatid ktxr vacatda Ash 5kreat turd A1ddr 5tI'ddt OF The loO.E:'.'1dyy A.d912tpn +`O Gd'h`i'Y11 Po4fE, pJstat hpyv OF rPGOrGL G9tng Ipcatad wlthir 17GYxXkxi LIxx1 Glatm Na. 53, M tf'rd 1JGrthdast Gnd-r,}ucrldr of SdGtkM IO, ,H TGwdh~a /~'?~ +~ t~7r f~'J~d .w~ Y+tlSt Of tl7d 7"11/~aMdttd NtOr"ILtkYt to Eha Grty of Gantrat paMt, .kaGksan Gau7ky, GT a~am. _ r t .- ti ~'~ ~ C ~"~-~~ ~'~f C~{~ l ~~ DECLARATION OF COVENANTS, CONDITIC3NS AND I2ES`I'RICTIONS l~'OIi DAISY CREEK VILLAGE ESTATES, A PLANNED COMMUNITY TO TIIE CITX OF CENTRAL POINT THIS DECLARATIC7N is made and executed in Jackson County, Oregon, this day of , 2U(}_, by ,hereafter referred. to as "Declarant". The City of Central Point has issued approval for DAISY CREEK VILLAGE ESTATES Planned Unit Development located in the City of Central Point, Jackson County, ©regon. The real property is described on Hxhibit "A" attached hereto. N{~W, THEI~.EFORE, Declarant declares that the real property described in Exhibit "A" is and shall beheld and conveyed subject to the 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 and restrictions shall constitute covenants to run with the land and shall be binding upon all persons or entities claiming under them and also these conditions, covenants and restrictions shall inure to the benefit and be limitations upon all future owners of said property or any interest therein. A12.TICLE I 17EI+"ZNITI©NS Section l . "Association" shall mean and 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 by the Association for the common use and enjoyment of the members of the Association. Section 3. "Lot" shall mean and refer to any separately designated plot of land shown upon the recorded subdivision znap of the property with the exception of the Common Area. Section 4, "Member" shall mean and refer to every person or entity holding membership in the Association. Section 5. "Ivlortgage" sha11 mean a Deed ofTrust or a Contract of Sale as well as a Mortgage. Section G. "Mortgage shall also mean a beneficiary under a Trust Deed or a vendor seller) under a Contract of Sale. Section 7. "{.~wnet" shall mean and refer to the record owner, whether one or more persons or entities, of all or any part of said property but in the case of a sate under a contract, owner shall mean contract purchaser. Section 8. "Declarant" shall mean and refer to the undersigned, and their successors, heirs and assigns. _~_ ARTICLE II mE1v~aERSx~n Every person or amity who is a retard owner of a fee or undivided fec interest in any lot which is subject by covenants of retard to assessment by the Assatiatian, or in the case of sale under the contract, the contract purchaser, shall ba a member of the Association. The foregoing is nat intended to include persons or entities who hold an interest merely as sorority far the obligation. No owner shall have mare than ono membership per lot awned. Membership shall ba appurtenant to and may not be separated from ownership from any Lot, which is subject to assessment by the Association. Ownership of such Lot shall be the sole quali$catian far membership and shall automatically commence upon a person bataming such owner and shall automatitally terminate when such ownership shall terminate ar be transferred. ARTICLE III VOTING RIG~~TS Each lot shall be entitled to ane {l}vote. Where ant lot has ane or mare owners they shall decide haw their ane vote shall ba exercised. Under no circumstances shall there bt more than ane {l} vote for each individual lot. The Declarant shall be entitled to vote as the owner of any lots retained by the Detlarant, and the board of directors shall ba entitled to vote an behalf of any lot which has been acquired by ar on behalf afthc Assotiation; provided however, the Board of Directors shall not be entitled to vote in any election of the Board of Direttors. When any lot is owned by two ar mart persons, according to the retards ofthe Assotiation, the vote for the lot maybe axartisad by any one of the owners present, in the absante of a protest by the co-owner {s}. In the event of a protest no ane to-owner shall be entitled to vote without the approval of all ta-owners. In the event of disagreement among the to-owners, the vote for the lot shall ba disregarded completely in determining the proportion of votes given with respatt to the mortar voted on. ARTICLE IV PROPERTY RIGHTS Section 1. Members' Property Rights: Every member ofthc 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. 5ectian 2. Members' basements of Enjoyment: Every member of the Association shall have a right easement of enjoyment in and to the Ca~runon Area and such casement shall be appurtenant to and shall pass with title to every Lot; subjatt, however to the fallowing provisions: The right of the Assotiation to limit the number of guests of members permitted to use the tammon area; The right of the Association to charge reasonable admission fees far the use of any ratrtatianal facility or other improvement. _~_ The right of the Association in accordance with it's Bylaws to barrow money far the purpose of improving any Common Area and to encumber the Common Area far the purpose of financing the improvements. The right of the Association to suspend and members voting rights andlor right to use the Common Area, far any period during which any assessment against said member's property remains unpaid; for the period not to exceed ninety (9~} days for each infraction of it's published rules and regulations; The right ofthe Association to dedicate ar transfer all or part afthe Camman Area #o any public agency, authority or utility far such purposes and subject such conditions as may be agreed upon by the members. N'o such dedication or transfer shall be effective unless an instrument signed by members entitled to cast threo-faurths ofthe votes has been recorded in the appropriate records of Jackson County, C~rcgon agreeing to such dedication or transfer, and unless written notice ofthe proposed action is sent to evezy member not less than thirty X34} days nor mare than ninety (90} 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 tine, in the interest of securing maximum safe usage of common area by the members of the Association without unduly infringing upon the privacy or enjoyment of the owner ar occupant of any part of said property, including, without being limited thereto, rules restricting persons under ar over designated ages from using certain portions of the property during certain times. Section 3, Delegation of Use: Any member may delegate, in accordance with the rules and regulations adopted from time to time by the directors, his or her right of enjoyment to the Common Areas and facilities to the members ofhis or her family, tenon#s, or contract purchasers, providing they reside on the property. Section 4. Title to the Common Areas; The Declarant hereby covenants for themselves, their heirs and assigns, that they will convey to the Association fee sirr~ple title to the Common Area designated as such on the plat as recorded in the Jackson County C7fficial Records, upon sale ofthe lots. ARTICLE V CU~rENANT FUR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien 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 sa expressed in any such deed ar other conveyance ar 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 improvements, 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 a continuing lien an 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 person who was the owner of . such property at the time such assessment became due. The obligation shall remain a lien on the property until paid or foreclosed. Section 2. Purpose ofAssessrnents: The assessments levied by the Association shall be used exclusively for the purpose ofprornoting the recreation, health, safety and welfare ofthe 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 the use and enjoyment of the Common area and of the Lots situated upon said property. Assessments may not be waived due to limited or nonuse ofthe Common area. Section 3 Basis and Maximum of Annual assessments: Until January Ist of the year immediately following the conveyance of the first lot to an owner, the monthly assessment may be increased effective January 1 ~~ of each year by the Directors of the 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 shall begin immediately following the conveyance of the lots} 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 purpose of defraying, in whole or in part, the cost of any 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 assessment for stz~uctural alterations, capital additions or capital improvements shall require the approval of athree-fourths majority of the members who are voting in person or by proxy at a meeting duly called for this purpose, written thirty (3(l} days not more than sixty ~6tJ} days in advance of the meeting set forth for the purpose of the meeting, This section shall not prohibit the Directors from authorizing capital expenditures for replacements or repairs or improvements from funds generated by regular assessments. Section S. Uniform Rate of Assessrrrent: Both regular periodic assessments and any special assessments must be fried at a uniform rate for all Lots and may be collected on an annual, quarterly or monthly basis at the discretion of the Board of Directors. Section 6. Quorum for Any Action Authorized Under Section 4. At the first meeting called, as provided in section 4 hereof, the presence at the meeting of members or of ~r proxies entitled to cast fifty-one ~S1°lo} of all the votes shall constitute a quorum, lfthe required quorum is not forthcoming at any meeting, set forth in section 4, and the required quorum at such meeting shall be twenty-five percent X25°l0) of all the votes. Section 7. Date of Commencement of Annual Assessments, Due bates: The assessments provided for herein shall commence as to all Hots (other than unimproved lots held for resale by the Declarants on the first day of the month following the conveyance of the Common areas to the Association. The Board of Directors shall fix the amount ofthe regular assessment at least thirty (30} days in advance ofeach annual assessment period. Written notice ofthe 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 furnish a certificate in writing signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the members for the issuance ofthese certificates, Such certificate shall be conclusive evidence of payment of assessment thereinto have been paid. Not withstanding any other provisions contained herein the Declarant shall not be assessed. for any unimproved lots held for resale. Section 8, Effect of Nonpayment of Assessments, Remedies of the Association: Any assessments which are not paid when due shah be delinquent. if the assessment is not paid within ten {10} days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12°l~} per annum, and there shall be a Five Dollar {$5.00) late charge for each month that said assessments are not paid to cover the administration expenses of keeping the books and billings for same. The Association shall have a lien against the property as provided in C3RS 94,709. The Secretary of said Association shall file in the office of the Director of Records, County Clerk, or appropriate recorder of conveyances of Jackson County, State of C7regon, within one hundred twenty (120} days after delinquency, a statement ofthe 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 payment in full thereof, shall execute and file a proper release of the lien securing the same. The aggregate amount of such assessment together with interest costs and expenses and a reasonable attorneys' fee for the filing and enforcement thereof, shall constitute a lien on the whole lot with respect to which it is fixed and on any improvements thereon, from. the date of delinquency thereof is filed in the office of said Director of Records or County Clerk or other appropriate recording office until the same has been paid or released as herein provided. Such lien maybe enforced by said Association in the manner provided by law with respect to liens upon real property {C}RS 94.709). The owner of said property at the time said assessment becomes due shall be personally liable for expenses, casts and disbursements including the reasonable attorneys' fees ofAssociation ar of the Declarant, as the case may be of processing and if necessary, enforcing such liens, all of which expenses, costs and disbursements and attorneys' fees shall be secured by said lien, 9 ~ including fees appeal, and such owner at the time such assessment is incurred, shall also be liable for any deficiency remaining unpaid after the foreclosure sale. No owner may waive or otherwise escape liability for the assessments provided for herein by the non-use of the Common Areas or abandonment afhis 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 the lien of any first {1$t} mortgages and trust deeds naw or hereafter placed upon said property or any part thereon in connection with the sale of said property shall not affect the assessment lien. No sale or transfer shall receive such Lot and any improvements thereon from liability for any assessments or from the lien thereof Section 10. Exempt Property: The following property subject to this Declaration shall be exempt from the assessments created herein: All properties expressly dedicated to and accepted by a local public authority. The Common Areas; and, All other properties owned by the Association. Section 11. Foreclosure of Liens for Unpaid Common Expenses: The Association shall be entitled to foreclose a lien as provided. in 4RS 94.709 as it currently exists or is amended from time to time. In any legal action brought by the Association to foreclose a lien on a lot because of unpaid common expenses, the owner shall be rewired. to pay reasonable rental far the use of the lot and improvements thereon during the pendency of the legal action. The Association shall have the power to purchase the lot at the foreclosure sale and to acquire, hold, lease mortgage, vote the votes 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 Funds: The Association shall have the authority to elect by resolution to establish one or more trust funds to hold reserves for the maintenance, repair or replacement o£specific items, iri ~vlaiali case zt shah either des~ate parf of the z~egular assessment or establish separate assessments for such purposes. The proceeds therefrom shall beheld in such trust funds and used only for the designated maintenance, repairs or replacements. ARTICLE VI USE AND RESTRICTIONS The following restrictions shall be applicable to the real property and sha11 be for the benefit of and Iirnitations upon all present and future owners of said property, or of any interest therein: Section 1. Unless written approval is first obtained from the Association, no sign of any kind shall be displayed to public view on any lot or building on said property except one professional sign of not are than five {5} square feet advertising the property _~0_ for sale or rent, or signs used by the developer to advertise the property during the construction anal sales period. Section 2, No part of said property shall be used or maintained as a dumping ground 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 containers or other equipment for the storage or disposal of such material shall be kept in a clan and sanitary condition and shall be stored so as to not be visible from the street or Common areas. Section 3. No noxious or offensive conditions shall be permitted upon any part of said property, nor shall anything be done thereon which maybe or become an annoyance or nuisance to the neighborhood. Section 4. No trailer, camper-truck, tent, garage, shack or other out-building shall at any time be used as a residence, storage shed or temporary structure on any part of said property. Section 5. Qnly 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 confines of a private carport or garage. No maintenance or repair work on vehicles shall be done on any lot, common. area or on the public ways adjacent thereto. Section 6. No vehicles shall be parked continuously in one location, except in a private carport, garage, or driveway for a period in excess oftwenty-four {24} houxs. This applies not only to the lots, the said property of the Association, but also to the 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 such Association subject to the rules and regulations anal restrictions applicable thereto. Section S. Installation of radio, television or other wireless technology antennas is prohibited outside any building. Section 9. The Association shall have jurisdiction over activities over activities permitted in the Common Area. All disputes, complaints or matters regarding the existing or future use of the Common Area and property shall be submitted to the Association Directors for arbitration. ARTICLE VIZ ARCHITECTURAL CONTRtJL Section 1. No building, fence, wall, hedge, structure, improvement, obstruction, ornament, landscaping or planting, or alteration thereof, shall be placed or permitted to remain upon or be removed from any part of said property unless a written request fox approval thereof has been approved in writing by the Directors of the Association, Section 2. Lot owners are expressly prohibited from 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 any improvement by a lot owner, the improvement shall be repaired or reconstructed in such a manner to restore the _I~_ ~~` improvement to its original condition. No substantial change shall be made in the process of repair or reconstruction of any improvement without the consent of the Directors of the Association. ARTICLE VIII GENERAL PRE)V~SIC)~IS Section 1. Enforcement: The Association, or any owner, or the owner of any recorded mortgage, deed of trust or like instrument, on any part of said property, shall have the right to enforce, by any proceeding at law or equity, all restrictions, 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 covenant or restriction herein contained shall in no event be deemed a v~iaiver ofthe right to do so thereafter. Section 2. Severabilitry: lrivalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in fixll force and effect. Section 3. Amendment: The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of twenty-five X25} years from the date this declaration recorded, after which time said covenants shall be automatically extended for successive periods often (10} years each. Any of the covenants and restrictions of this Declaration maybe amended by an instruament signed by members entitled to cast not less than seventy-five ~']5%} of the votes, All such amendments shall be recorded in the appropriate Deed Records of Jackson County, Oregon to be effective. Section 4. No Right of Reversion: Nothing herein contained in this Declaration, or in any form of deed which may be used by Declarant, or it's successors and assigns, in selling said property, or any part thereof, shall be deemed to vest or reserve in Declarant or the Association any right ofreversion or re-entry for breach of violation of any one or more of the provisions hereof. Section 5. The provisions contained in this Declaration shall bind and inure to the benefrt of and be enforceable by Declarant, The association and the own 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 the property owners or their legal representatives, heirs, successors or assigns, to enforce any of such conditions, restrictions and charges herein contained shall in no event be deemed a waiver oftee right to do so. Section 6. Any or all rights, powers and reservations of Declarant herein contained may be assigned to the association or to any other corporation or association which is now organized or which may hereafter be organized and which will assume duties of Declarant hereunder pertaining to the particular rights, powers and reservations assigned; and upon such corporations or association evidencing its intent in writing to accept such assignment and _~~_ ~`~ assume such duties, it shad to the extent of such assignment, have the same rights and powers and be sub,~ect to the same obligations and duties as arc given tee and assumed by the Declarant herein. IN WITNESS ViTHERE©E, the undersigned has executed this Declaration of Covenants, Conditions and Restrictions for the DAISY CREED. VILLAGE ESTATES Planned Unit Development, the day of , 20. Declarant's Name STATE C}F (JREGQN s _~S_ r, L} f~-TT,~~c,r-~W4~l~r 1 PLANNING COMMISSION RESOLUTION NC1.61S A RESOLUTION APPROVING A PRELIMINARY DEVELOPMENT' PLAN AND TENTATIVE SUBDIVISION PLAN K:NOV~JN AS DAISY CREEK. VILLAGE A PLANNED UNIT DEVELOPMENT (Applicant {s}: Eric Artner Construction, Inc. {37 2W IOAB, Tax Lot 6500 ~~ 2W lOAD, Tax Lot{s} sOC~ ~, I000 1. Applicant{s} has111ave submitted applications for preliminary development and tentative plan approval for a Planned Unit Development and subdivision on 3.83 acres, creating S8 lots, located north of Ash Street, west ofHighway 99, east of Glenn Way and south of West Pine in the City of Central Point, Oregon. ~. On, May 4, 20(}4, the Central Point Planning Commission conducted a duly~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 TIIE PLANNING COMMISSION OF THE CITY OF CENTRAL POINT, OI;EGON, AS FOLLOWS: Section 1. Approval Criteria. The requirements far approval of planned unit developments 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, R~3, Residential Multiple Family; and Chapter 1'x.65, TOD-MMR, Medium Mix Residential; B. Chapter 17.60, General Regulations; C. Chapter 17.64, OfF Street Parking and Loading; D. Chapter 17.68, Planned Unit Developments {PUD}; and E. Chapter 16. I {~, Tentative Plans _~_ Section 3. Finding and Conclusions. The Planning Commission hereby adopts by reference ail 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: A. Chapter{s) 17.2$, and 17.65, relating to allowed uses in the R-3, Residential Multiple Family and TC7D~I1rLMR, Medium Mix Residential zoning district: B. Chapter 17.6C}, relating to paving and landscaping requirements; C. Chapter 17.64, relating to off-street parking and loading Facilities; D. Chapter ].7.68, relating to Planned. Unit Developments; and E. Chapter 16.10, relating to tentative subdivision plans. Section ~#. Conditional Ap~rroval., The aforementioned application for a Preliminary Development Plan for a Planned Unit Development and subdivision is hereby approved, subject to the conditions set forth in Exhibits "A" and "B", attached hereto by reference incorporated herein, imposed under authority of CPMC Chapter 16.36 and 17.68. Passed. by the Planning Commission and signed by me in authentication of its passage this 4th day of May , 2004. Planning Commission Chair ATTEST: day of May , 2004 Planning Commission. Resolution No, 615 {05/04!2004} _~~_ Approved by me this 4th 1'laz~nin,~ Cozx~~nission Chair Planzsing Cammisszc~n Resc~lutic~n Nc~. 615 (05104120(}4} _~~_ RECOI~~MIi~IYI}ED PLAI`~N~NG I3EPARTMENT C41~t1?~'~'IOI~tS CfF APPROVAL ~ . ~. final development plan, containing in final form the information required in the preliminary plan shall be submitted to the City within six months of approval or by November 4, 2044. A six month extension maybe granted by tl~e City upon the applicant's request and for gaud cause. 2. The project must comply with all applicable local, state, and federal regulations including; but not limited to, the Oregon Uniform Fire Cade and Structural Specialty Code. 3. The applicant shall submit final 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 tot lotl private parks). 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 final development plan. 5. The applicant is required to form a homeowner's association, in accordance with Oregon state law, in order to manage and maintain private streets, con~xnon areas and open space in the Daisy Creek Village PUI~. 6. The approval of the tentative plan shall expire one year on 1l4ay 4, 2045 unless an application for final plat or an extension has been received by the City. 7. The applicant shall cozriply with the fencing plan adopted by the Planning Gomtx~ission. .Revisions to the plan may be made by the applicant and subject to the Commission's approval at the time of the Final f?evelopment Plan review. 11C~'CHS~iCI'~'Y WID~~'LANNII~C's104o06 AR`i1~IER PUD.DC7C _~~_ ~xhc~if `~' .~ v z .~ ~~ ~m City of Central Point Pu~~~ ~~r~s De~ar~~~n~ May, ~~' 2004 TO: Planning Commission FROM: Public works Department SUBJECT: Public Hearing -- Site Plan Review for 3'~ 2W lOAB, Tax. Lot 6540; 372W lOAfl Tax Lot 1000; 372W10AD Tax. Lot 800 X58 -Units Total} Applicant Eric Artner Construction, lnc. P.CC:~. Box 649 Jacksonville, Oregon 9"7530 Agent Cael E. Neathamer Neatharr~er Surveying, lnc. 100 East 1'vlain Street Suite N, P.t3 Box 1584 1vledford, Oregon 97501 Proverty 37 2'W 1 OAB, Tax Lot 6500; Description) 372W10AD, Tax Lot 1044 honing R 3 Purpose 12atrerf C'ierce Pubtic kYorks Ilirecfor Rick Bartlett Supervisor Chris Clayfon Delrufy IJirecfor Mike Onv 7'echniciari Greg Graves Technician Koren Roeber ,secretary It Margarita Munoz Secretary I Provide information to the Planning Commission and Applicant (hereinafter referred to as "~teveloper"} regarding City Public ~N'or~s 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 Paint Public'4~orks Department Staff Report is not intended. to replace the City's Standards & Specifications. StaflReports are written in coordination with the City's Standards & Specifications to form a useful guide. The City's Standards ~ Specifications should be consulted f©r any information not contained in a 1'ublzc Works Staff Report. _lg_ May, 4~' 2004 Daisy Creek Subdzviszon Artner ..Development Standard Specifcatinns and Goals The Central Point Public Works Department is charged with management of the City's infrastructure, including streets, waterworks, and storm water drainage facilities. In general, the Department's "Standard Specifications and Uniform Standard Details for Public Works Construction" shall govern how public facilities are to be constructed. The Developer is encouraged to obtain the latest version of these specifications from the Public Works Department. Central Point Public Worlrs 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 {1t.VSS}. In working together it is the Department's expectation that the developer will feel free to call on the Department whenever the standard specifications are not, in the developer's opinion, adequately meeting the needs of the development. The Department will listen to the developer's concerns and work with the developer to achieve the best outcome. However, the Department is not obligated. to assure a profitable development and will not sacrifice quality for the sole purpose of reducing cost to the developer. It is always the developer's obligation to provide the public improvements necessary, as determined by the Public Works Department, to serve the development. The Department and the developer also have an obligation to assure that public facilities are constructed. so that other properties are not adversely impacted by the development. L~evelcrpment Plans -Required InfvrmatiQn Review ofpublic improvement plans is initiated by the submittal of 3 sets of plans that are at least 95°lo complete. The plans shall include those of other agencies such as BCVSA or Jackson County Roads Department. Following plan review, the plans will be returned to the Developer's engineer including comments from. Public Works Staff: ~ order to be entitled to further review, the Applicant's Engineer must respond to each comment of the prior review, All submittals and responses to comments must appear throughout the plans to be a realistic attempt to result in complete plan approval. Upon approval, the Applicant's Engineer shall submit {4} cogies of the plans to the Department ofpublic Works. In general, the plan submittal shall include plan and pxofile 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 descripfiions and a traffic control plan. Public Works Permit A Public Works Permit will. only be issued after the Department Director approves the final construction drawings. After approval, the fees associated with the development will be ~~ _l~_ May, 4"' 2Q04 Iaaisy Creetc Subdivision calculated and attached to the public works pcrrnit. A11 fees are required to be paid in full at the time the Public Works Permit is issued, except Public Warks Inspection Pecs. Alter project completion during the f nal plat application process, the Public Warks Inspector will calculate the appropriate amount of inspection time to assess the developer. Beare the final plat application is processed the developer must pay the relevant inspections fees and band for any uncompleted improvements {as determined by the Public Warks Director}. Artner.UeveCopment-Ftans 1. Three sets afplans at 9S% complete stage are to be submitted for review by the Public Warks Department 2. Once approval is achieved the Developer shall submit four sets of plans to the Public Warks Department far construction records and inspection. 3. The Developer's Engineer shall document changes to the approved drawings made in tine field. A myiarhand digital copy of the final "as built" drawings will be required before the final plat application is processed. ~4rtner Uevel©pment-- PrQtectivn of Existing Facilities The locations of existing facilities shall be shown an all applicable constnuction drawings far Public Warks projects as follows: l . The exact locations of underground facilities shall be verified in advance of any public works construction, in cooperation with the public or private utilities involved. 2. All existing underground and surface facilities shall be protected from damage during design and construction of public works projects, 3. Any existing facilities not specifically designated for alteration or removals, which are damaged. during construction, shall be restored or replaced to a "same as" ar better than condition, at the expense of the Developer. 4. Suitable notice shall be given to ~.ll public and private utility companies in advance of construction for the purpose ofprotecting or relocating existing facilities. 14rtner .I.~evetapment ~- Water C`vnnectican 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 connect to and be a part af, or an extension of the City water system. ~...: _~~.~ May, 4~` 2004 Dazsy Creek subdivision All requirements of the Oregon Mate Plumbing Specialty Code and the Oregon State Health Department; as they pertain to Public Water Systems, shall be strictly adhered to. 2. The City of Central Paint Public Works Standards & Specifications should be consulted for specif c information regarding the design and construction of water system related components. Artner Develvpmrent-Streets l . The Developer's engineer should be aware that certain alternate street standards for the Transit Oriented District and Transit Oriented Corridor might apply to the design and construction of streets in specific areas of the City. These alternate standards are fully described in the Central Point TOD Design Requirements and Guidelines. Street designs shall consider the needs of people with disabilities and the aged, such as visually impaired pedestrians and mobility impaired pedestrians. Every effort should be made to locate street hardware away from pedestrian locations and provide a surface free of bumps and cracks, which create safety and mobility problems. Smooth access ramps shall be provided where required. All designs shall conform to the current American Disabilities Act {ADA} or as adopted by the Qregon Depaa-trnent of Transportation (ODOT), Qregon Bicycle and Pedestrian Plan. The determination of the pavement width and total right-of way shall be based on the operational needs for each street as determined by a techni-cal analysis. The technical analysis shall use demand volumes that reflect the maximum number of pedestrians, bicyclists, parked vehicles and motorized vehicle traffic expected when the area using the street is fully developed. Technical analysis shall take into consideration, transportation elements of the Comprehensive Plan, TOD, neighborhood plans, approved tentative plans as well as existing conunercial and residential developments. All street designs shall be coordinated with the design of other new or existing infrastructure. 2. The following improvements are recommended as conditions of approval for Daisy Creek Village: Haskell Street -Street Classification {TOD Collector) - Approximately 340 linear feet of curb, gutter, sidewalk ~ landscaping strip {see attachment for City of Central Point Transient Oriented Collector Street Section}. Ash StreettSnowy Butte Road-Street Classification {TOD Standard Local Street} - Approximately 285 linear feet of "half street improvements" including but not limited to: curb, gutter, sidewalk, landscaping strip, EI}parking lane, {l) travel lane (including street sub section. (See attachment for City of Central Point Transient Oriented Standard Residential Local Street Section}. f may, ~~ zaa~ Daisy Create Subdivision 3. The City of Central Paint Public Works Standards & Specifications should be consulted for specific information regarding the design and construction of street related components. Artner.Uevelcrpmetzt-- StQrttt brain L It shall be the responsibility of the Developer's Engineer to investigate the drainage area of the project, including the drainage areas of the channels or storm sewers entering and leaving the project area. if a contiguous annexed drainage area. of given size exists, the engineer may use information that has formerly been established if it includes criteria for the drainage area at complete development under current zoning and Comprehensive Plan designations, If the City does not have such information, the engineer shall present satisfactory information to support his storm sewerage design. The engineer shall also be required to provide all hydrology and hydraulic computations to the Public Works Department that are necessazy to substantiate the storm sewer design.. 2. The storm water sewer system. design shall be in conformance with applicable provisions of Oregon DEQ, DSL and t~DFW and United. States CflE and consistent with APWA Storm Water Phase 11 requirements. 3, The City of Central Point Public Works Standards & Specifications should be consulted for specific information regarding the design and. construction of storm drain related components, Artrter .Develvprraent-~ Required Submittals 1. All design, construction plans and specifications, and "as-built" drawings shall be prepared to acceptable professional standards as applicable, the Developer shall provide copies of any permits, variances, approvals and conditions as may be required by other agencies, including, but not limited to Oregon Department ofFish and Wildlife (DFW}, Oregon Department of Environmental Quality {DEQ), Clregon Division of State Lands (DSL}, gregon Department of Transportation {4DflT} approval for storm drain connection and easement, landscape berms, U.S. Army Corps of Engineers (ACHE), affected. irrigation districts, Rogue Valley Sanitary Service (RVSS), and Jackson County Road and Park Services Department (JC Roads), DSL and ACt)E, as applicable {wetland mitigation}. 2. Fire District ldo. 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 Developex shall be submitted in writing by the Developer's EngineF:r to the City Public Works Department far approval prior to installation. ~~ ~~~_ ~ ~x . ~ 't'IiAP~~t'1'-4}~2~ENTT+,D DPV~ZIC?PM~1~'~ Rxlribit 7, Standard Residential Street Section Exftibit 8; !Yarrow Residential Street Section t"t ~~~^ ~ 5' 6' $' #0' t0' $' 6' S' Setexolk Ptsan~ar Pwidng travel Lwte Travci tuK Paetang PkM£er Sidex JG` `~r9P 0.5' {typ.} Curb to Curb 0,5' {[yp,) GO' Righ[-~ot-fYay S' 6' H' 1Q' t0' S' S' Sidewatic Ploo#er Forking Irovet tone Irovct Lone Plan#er Srdew S#rip 2&' Strip 4.5' (Yyp.) curb #o curb o.5' {lyp,J s2' Right-rof-Way Exhibit 6, .Busines's Collectnrll~esiclential CnIlectinn Street Section ~~ _~~_ .~rrv.~z, vz;v,~x.r~.~nz~xv`x~ .r~z.~nr ~orz: victrrrrrY ~A~ DA~S~ CPETK VILLr/~.GE ~~~~~~~~ ~ca~: y r :m .rerr ~ .F'Z.ArirN.~'.7~ CC3MM~.TIVI7•]' ~ntCUtrNNFRCOtJSrnuc P.t7.8arSO4 tat.SSird MYbif tai 'A• of T7wY Ga7kJ+kf s4etjRkM! is Gerit+G7la3f{, ./CGdti0Ax3'lYin. r:3~7: +~,, o piai rx++r W' neat'd kvhg lxatrd nMrh Ztax+ttica tad Gbtn 97tXX?L+600 r N?. 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Applicant has an approved set of construction plans that reflect the preliminary pUD plans and conditions of approval from the Planning and public Works Staff Reports. The applicant has not constructed any o£ the public or private improvements that are associated with their development. Before the issuance o£ a Final Plat the applicant will. need to either put in the improvements ox bond for the improvements associated with their project. The public Works Director has recently stated that bonding will. no longer be allowed for frontage improvements because o£ recent history with developments where improvements were not constructed or the bond expired prior to the City havixig the'opportunity to use it. Subsequently, the developer has the option of pa}~ing the City fox the frontage improvements, and the City shall hire a contractor to camplcte the work, or the applicant shall put in the improvements prior to the issuance of the Final Plat, The Public ~Torks Department prefers that the developer put in the required improvements. Sincerely, ~~~~ Matt Samito e Development Services Coordinator .~~~j_ ;. ,. ,;, .. , . . ., ...-wn,< ..,dr.. PLANNING DEPARTMENT STAFF REPORT HEAR:'[Nt~ar DATE: Dcceber ?, 2(}04 TO: Central Point Planning Commission FROM: David Alvard, Community Planner SUB.TECT: Final Development Plan -~- Paul Grout ~Pittvicw Village) P.U,D, Appiicantl t7wner: Paul Grout P.t~. Box 8210 Medford, OR 97502 Aleut:, Paul Grout P.(~. 8ox 8210 Medford, OR, 97502 PraUer Deseri Lion/ 372`W I IAD all of Tax Lot 65(}0 and portion of Tax Lot 6400 - 1.56 acres total. Zouin~: R-3.-6, Residential Single Family Surnmary- The applicant, Paul Grout, requests the Conunission review and approve the Final Development Plan for Pittview Village Planned Unit Development. The site was preliminarily approved in May of 2004 by the Planning Con~tnission (Attachment A}, Authority CPMC 1.24.020 vests the Planning Conunission with the ability to hold a public hearing and render a decision on any application for a f nal development plan for Planned Unit Developments. Noticing is not required for this application and the Commission may decide the matter without a public hearing. A livable Law: CPMC 17.68.010 et seq. -Planned Unit Developrr~ent CPMC 17.20.010 et seq. - R-1, Residential Single Family _~7_ Discassion• CPMC Chapter 1 b.68 describes the requirement and application process for Planned Unit I7evelapments. Initially, the applicant submits a preliminary development plan with maps describizag lot configuration, property boundaries unique project characteristics and a schedule for planned completion. Ifthe plan is approved by the Planning Commission, the applicant is allowed a period of six months to provide the City with a cagy of the Final Development Plan demonstrating that all of the conditions and requirements of the Preliminary Development plan have been satisfied. The Planning Commission will compare the Preliminary and Final Plans and decide whether to approve ar deny the plan that is submitted. The City Council will review the Commission's decision at a subsequent meeting. The preliminary development plan for Pittview Village P.U.D. was approved by the Commission on May 4, 2E}{}4 subject to certain conditions of approval described in the staff report, the conditions of approval, and the minutes {Attachment B}. It is staffdetezxaaination that all of the conditions of approval 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 {CC&R's} and submitted a landscaping plan {Attachment C}. If the Commission f nds that these are consistent with the original approval then they can approve the plaza. The Public Works Department has submitted a memo stating that the applicant has constructed the 7najarity of the public and private improvements that were associated with preliminary PITD approval. Public Works has provided the developer with a list of remaining items for improvement. Most of the items can be built or bonded for prior to issuance of final plat. The only item that cannot be bonded far is the frontage improvements along Pittview Avenue. At the tirrze of preliminary PUD approval by tize Planning Commission, Public Works issued a letter giving the developer three options far the improvements along Pittview Avenue. The options provided to the developer include putting in the improvements himself, paying the City far the improvements or bonding far the improvements. since preliminary PUD approval the Public Works Director has stated that banding for frontage improvements will na longer be allowed because of receaat history with developments where improvements were not constructed or the band expired before the city could use it. As a result, the developer has the option to ofpaying the City for the improvements and the City will hire a contractor to do the work, or doing the improvements himselfpriar to Final Plat. (Attachment D}. _~~_ R.ecomrnendatinn: Staff recommends that the Planning Commission take one of tl~e following actions: 1. Approve the final development plan, Resolution No.~_ 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 ____, 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. Attachmenl.s• A. Resolution ~, approving the preliminary development plans for Pittview Village 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 _~c~_ ATTACHMENT B PLANNING DEPARTMENT CONDITIONS OF APPROVAL PAUL GROUT FINAL PUD PLAN, FILE 0401.5 CHECK NUMBER DESCRIPTION OF CONDITION BOX X 1 of IS Prior to final plat approval, the applicant shall submit to the City a copy of the proposed covenants, conditions, and restrictions (CC&Rs~ for the PITTVIEW VILLAGE PUD X 2 of 1 S The applicant shall comply with all requirements of affected public agencies and utilities as they pertain to the development of the PITTVIEW VILLAGE PUD. Evidence of such compliance shall be submitted to the City rior to final lat a royal. X 3 of 15 The applicant shall comply with all federal, state and local regulations, standards and requirements applicable to the development and construction of PITTVIEW VILLAGE PUD. X 4 of 15 FRONT YARD SETBACK. IS MINIIvIUM I5 FEET AS MAS~:IRED FROM THE PROPERTY LINE TO THE FOUNDATION. X 5 of 15 SIDE YARD SETBACKS .P~.RE 5 FEET PER STORY AS MEASURED FROM THE FOUNDATION. X 6 of 1 S IC.EAR YARD SETBACK. IS MINIMUM 8 FEET AS MEASURED FROM THE FOL~DATION. X 7 of 15 The applicant shall submit final parking, landscaping, lighting and sign plans to the city for final approval as part of the final development plan. A suitable landscape plan shall show the types, shapes, and sizes of trees on the site. X 8 of I5 The applicant shall provide a landscape area which is a MINIIUI~[JM OF 20 PERCENT OF TOTAL P~.REA. PROMINENT TREES SUCH AS THOSE SHOWN flN LOTS ~, 9 & 10 SHALL BE P~LESERVED. X 9 of 15 Landscaped area shall not deviate from landscape plan presented at time of preliminary PUD a royal. X I O of I5 Architecture should include covered porches and other unique features when radical. X I l of I S Jackson County Fire District 3 Conditions have been met. X 12 of 15 Rogue Valley Sewer Services Conditions have been met. X 13 of 15 Public Works Department Conditions have been met. X 14 of 15 The applicant shall provide written assurances to the City that he has °`seeured" the hack lz ofTax Lot 6400 in order to make this project viable. Written assurances shall be provided at the time of final plat a royal. _S~}_.. ~ 15 of IS The developer ofPIT'1"VIEW VILLAGE PUIJ will be responsible for "half-street" improvements to Pittview Avenue where the proposed development shares a boundary with the unimproved Jackson County Road. The improvements include, but are not limited to, street section, curbs, gutters, sidewalks, an irrigated landscape buffer, bike lanes, street lighting, storm drainage and traffic delineation. No immediate plans to improve Pittview Avenue exist. However, the Developer will be responsible to construct the required improvements to accommodate future improvements, or compensate the City of Central Point for the cost of the required improvements, Ralf-street fmpr~uements to this sectr'orx of Pittvie~v .~u~nu~ ..will encompass Tax Lets 64 6SlIt1. _~~_ ~~ ~ ~; ~ ~~ °z ~ ~ ~ ~ ~ ~ u# ~~~ ~~ }. s~v ~ ~r ~~ ~ ~ ut ~ ~} ~ > ~ ~~~~ w ~~ ~. ~~ ~'- { s- n. Q,- .. tl C.3 4 Q ~~ ~~ ~ ~~~ ~~~ us rQ~ Ct7 ,w }#-..~ p.~Z ~- ~ ~~ ~ ~~ ~ ~~ lil ~~~ t ~~~_.... ...., ... f I I ____i ~ ~ 333 ; I ~ I 3 ~~ ~ ! t ~ ~~ 1 $ o i ~ ~ 4 _ ~~ ~ I _ > ~ ~ n ~ f r~ 3 ©~ 1 J~ I u ~_ 1 twa~taa#'r `~ "~ ___~ n. s> ~ ~ i ~~ ~' t € 4-- ~ I ~ ~ j ~ 9 d~ I ~f ,a 1 f i ~ .,.. ......... .... NOt?16tK'Ft 4S'6.2D~ {N~'gb~i~i'W R{6~'~ f5 K7D2}... .... ... .... ... ssx>~aue +~s.~cr (eAar t.u~tE cr akatxu~rrr rb. ~r-o~wos or -r+a~ +xr~caA~. o~ .ur.~.~us caxnY, cam} ~,~ . ~g ~/ w ~" ~ ~-- ~ © J ~'~~~~,~ ~ 3t $ ~ ~~ !~~ ~ r#'~ ~ tY1~ ~ c3t~ ~ ~ , 4U~ ~ ~4~ ~ ~~ ~ O~ ~ ~~ _ _ ~. __..._....~ rut: i~rx~~seA ut~nri _."' ~ ~ .__.~.......... ,, ~ ~ CCtTK~N A#ZEA (t'UE DA'DlGA7!'D HEWAW} (PRNATE 97NELrf) ~ d ~i --f ~ d - f ~,~,~ J ~- "~~ ! ~~ ~ ~~ ~ ~~ ~ ~~ ~. ~ 6 X ~~ ~ 1 ~ +i .~ !` ~ a '~ s~ ~ ~ s ~ ~ I fan $ a.z~ ~ c~ t ~~•~ t I ~ ~ 1, I ~T ~,~ ~ I, ~ I ~ ;~ 1 ,aaoc ac ~ s,.o~ n.ccm.oori i i ~ fi ~ 11 ~i ii 3 ~~ ~ 3 1 t I I ~~ 9s ~~ ~~ ~~ ~~ ~~ 3 s t 1 1 1 ~~ ~3 ~~ I ~~ ~~ _~ ~ ~1 a t'~ E _EE STREE7 Ij II II tI II If ~I ~~ ~~ ~~ ~~ i~ 1 w t I t I ct - i~r •s ~~ ~ ~ ~~ ~ ~ ~ ~ ~~~~ ~ ~ ~ ~ ~~ ~ ~A ~ ~ x~ x ~' ~~ ~~ ~~ ~ '~ ~~ ~~ .. ~ i ~ r ~ • +~ {~ ~ tP i i ~ ~ M ~ ~~ ~~ ~ ~ ~ ~~ ~~ ~ ~ `~ ~ ~ ~~~~ ~ ~~~ ~~ < t~ ~~ ~ ~~ ~~~ ~ ~ ~ o m ~t 4 ~ r- ©;~ ~ ~ ~ I It 24?.Gd ~ ~QD'OR ......,.....__LOT' ~...._:.....rf:aaic~u'wais,c~,~_____~oF 2--------3-------- t.O'i' I. ___.-~'-- ~;1dsFcaww ~ ~ ~ 3 ~~ l i GOAT" ESTATES t'SUHAlVlStON ~ ~ ( ~ f j 3 ~~ ~~ >n ~ ~ V 4i ~ s~ rr_. 1 if ~ ~~ ~ ~~ a j f 1 f ~~ i 'i fI I fE I ~ I GL 5t"tAYLA iJ+NE f a i a - - _ • j t txxa'o~'aa~t~ e } a.7a (rscxr o~c•, rrs rror ,,, I ~~ j ~~~ , I 1 [ G>_ SYANEY COURT I~ I ~ ~ ' ~ ..............~...~.~......,...~-....~........60G.YISI~...........y.r.-«..-.~.--. ~...rr.... ~...~.... ~...,~ ••,•.•.•• ~ , r~ , CL HURSELL ROAD ...._ - _ _ _ `'~... _ _ _ r'' S74S..*7~ _ o ~ -.-------.-.-.-..,.500"PCI!"E 2L26.`X.6' (£ASYS Cf' 8E'ARiNG PE42 1°5 t6:KQ} ~-----•--.-.....--.. r ^ ~.. .................._-r' s CIT~S~" C)F CENTRA.L I'tJI~T .l'ublrc Works lie a~tmexxt INTEROFFICE MEMORANDUM 'I`4: PLAN1~3Sl~G DEPARTMENT. ERC}M: MATT` SAMiTORE SI.TB~ECT: PITi'ViEW FiNAZ PUD APPROVAL BATE: 11 J23/2(}04 CC: ~'ZLE Planning Comzxsission: The applicant has requested 1=~inal Planned Unit Development (1'UD} approval for Pitfview Village. The applicant has an approved set o£ engineering drawings and construction plans that reflect the preliminary PUD plan and the conditions o£ approval from the Planning and Public Works Staff Reports. The applicant has constructed the majority of the public and private improvements that were associated with Prelirn.inary PUD {0(715) approval. A list of the remauung items for improvement lzas been given to the developer {See attached sheen. Most of the iterr~s on tlhe list can be Built relatively quickly or bonded for prior to issuance of the p'inal Plat. The only item that cannot be bonded far are the frontage improvements to Pittview Road. A supplemental letter to the Planning Corrunission for the Preliminary 1'UD flan for Pittview Village, was submitted by the Public Works Department ,giving the developer three options for the improvements to Pittview Road. These include putting in the improvements, payrtag the City for the improvements, or bonding for the improvements. The Public Works Director has subsequently stated that bonding will. no longer be allowed for frontage improvements because of recent history with developments where improvements were not constructed or the bond expired prior to the City having the opportunity to use it. Subsequently, the developer has the option o£ paying the City for the frontage improvements, and the City will hire a contractor to complete the work, or the applicant shall put in the improvements prior to Final Plat. The Publzc Works Department prefers that the developer put in the improvements. Sincerely, ~~~~~~ Matt Samitore Development Services Coordinator _~~_ Pi~view V~Ilage Punch List Put in sidewalk along the property at front al` subdivision. 2. Pay the City or put in improvements sidewalk, curb/gutter) along Pittview Rd. 3. Replace water meter tops with the type that have no access lids 4. `w' stamps on fats 5, 6, '7 and 8. ~. Remove excess wire from area inlet at lot 8. 6. Street lights as per # 8 in notes an iznpravement plans. 7. As-guilt Drawings. 8. Street Manumentation. _S~_