HomeMy WebLinkAbout3110 Verde Village Development Agrmt Modification
ORDINANCE NO. L)
AN ORDINANCE MODIFYING THE VERDE VILLAGE SUBDIVISION'S
DEVELOPMENT AGREEMENT TO ALLOW PARTITIONING OF THE
PROPERTY CONSISTENT WITH THE APPROVED PHASING PLAN;
ADJUSTING THE PROPERTY LINES FOR LOTS #349 AND #15417;
MODIFYING THE APPROVAL WITH REGARD TO THE TIMING OF
THE INSTALLATION OF LANDSCAPING, IRRIGATION AND OPEN
SPACE IMPROVEMENTS IN PHASE I; AND MODIFYING EXHIBIT E
OF THE APPROVED DEVELOPMENT AGREEMENT WITH AMENDED
LANGUAGE TO CONDITION #30 RELATED TO THE CONSTRUCTION
AND TIMING OF STREET IMPROVEMENTS FOR PEROZZI STREET
AND ALMEDA DRIVE, AND THE ADDITION OF TWO NEW
CONDITIONS.
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold lined thr-ough and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City o
Beaverton v International Assn of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293;
531 P 2d 730, 734 (1975); and
WHEREAS, the Verde Village Subdivision proposed in 2006 involved the development of
11.64 acres on the site of the old Ashland Greenhouses and included: an Annexation,
Comprehensive Plan and Zoning Map changes from Jackson County Rural Residential (RR-5) to
City of Ashland Single-Family Residential (R-1) and Suburban Residential (R-1-3.5); Outline
Plan approval to develop the property as a 68-unit residential development; Site Review approval
for a multi-family development; a Physical and Environmental Constraints Review Permit to
locate a multi-use path in the Ashland Creek Riparian Preservation Area; a Tree Removal
Permit; Exceptions to the Street Standards to install a curbside sidewalk on one side of a
proposed street, to not locate a street adjacent to natural features and to not connect two of the
proposed streets; Variances to reduce the on-street parking requirement from 78 to 38 spaces, to
reduce the rear yard setback requirement for six of the townhomes in the northwestern corner of
Ordinance No. Page 1 of 4
the site from 20 feet to 12, 14 and 16 feet, and to reduce the required distance between buildings
for the 27 cottages in the southwestern corner of the site; an Administrative Variance to the Site
Design and Use Standards to have the primary orientation of the buildings to the south, rather
than to the street, in order to maximize the use of solar energy; a land exchange with the City of
Ashland dedicating 2.57 acres adjacent to Ashland Creek to the city for parks purposes in
exchange for approximately 1.30 acres of the Dog Park in the area of the access and to the south
of the existing parking area; and a Development Agreement with the City of Ashland which
governed the development of the subdivision, and included unique, project-specific net-zero
energy performance standards applicable to each home to be built, requirements for construction
of a multi-use path within the riparian preservation corridor and for restoration, enhancement and
maintenance of the riparian corridor, and a detailed timetable for completion of the project.
WHEREAS, on December 18, 2007 the Ashland City Council approved and adopted Ordinance
No. 2945 after consideration of the staff report, the recommendation of the Planning
Commission, and the comments and evidence presented during the public hearings on the Verde
Village Development Agreement between the City of Ashland, Oregon and Ashland Flower
Shop and Greenhouses, Inc., and found and determined that the Verde Village Development
Agreement was in the best interest of the public health, safety and welfare of the City of
Ashland; met a public need and provided a public benefit; and was consistent with all applicable
City of Ashland laws and ordinances; and
WHEREAS, on January 5, 2009 the subject properties were sold by Ashland Flower Shop and
Greenhouses, Inc. to WILMA LLC, the company owned by the original applicants, Greg and
Valri Williams, to carry out the development of the properties.
WHEREAS, on July 17, 2009 the Planning Director approved and executed the First
Amendment to the Verde Village Development Agreement, approving a 12 month administrative
timetable extension as contemplated in Exhibit F of the original Development Agreement; and
WHEREAS, on March 2, 2010, the Ashland City Council adopted Ordinance No. 3007, the
Recession Extension Ordinance, which ordinance created a ministerial process for the Planning
Director to grant current planning actions a 12 month timetable extension in recognition of the
difficult financial market; and
WHEREAS, on April 9, 2010 WILMA LLC requested an extension for the entire project in
accordance with the Recession Extension Ordinance; and
WHEREAS, on June 6, 2010 the requested Amendment to the Development Agreement to
extend the timetable was approved administratively by the Director in accordance with the
Recession Extension Ordinance; and
WHEREAS, on June 4, 2013 the Ashland City Council approved and adopted Ordinance No.
3082 to grant a seven-year extension of all dates contained within the Verde Village
Subdivision's Development Agreement timetable to provide the maximum 15 year duration for
the Development Agreement allowed under the Oregon Revised Statutes. After consideration of
the staff report, the recommendation of the Planning Commission, and the comments and
Ordinance No. Page 2 of 4
evidence presented during the public hearings, the Council found and determined that the
extension of the Verde Village Subdivision's Development Agreement timeline was in the best
interest of the public health, safety and welfare of the City of Ashland; met a public need and
provided a public benefit; and was consistent with all applicable City of Ashland laws and
ordinances; and
WHEREAS, on April 1, 2014 the Ashland City Council approved and adopted Ordinance No.
3092 to modify the Verde Village Subdivision's Development Agreement to clarify project
phasing and make clear which improvements are required with each phase and to allow either
phase to occur first; to change the energy efficiency requirements for the development so that all
units will be constructed to at least Earth Advantage Gold Standards and will be Photovoltaic
Ready; and to change the landscaping requirements associated with construction of the multi-use
path. After consideration of the staff report, the recommendation of the Planning Commission,
and the comments and evidence presented during the public hearings, the Council found and
determined that the extension of the Verde Village Subdivision's Development Agreement
timeline was in the best interest of the public health, safety and welfare of the City of Ashland;
met a public need and provided a public benefit; and was consistent with all applicable City of
Ashland laws and ordinances; and
WHEREAS, on May 1, 2015 Urban Development Services on behalf of WILMA LLC
requested modifications of the Development Agreement for the Verde Village Subdivision for
the properties located at 87 W. Nevada Street and 811 Helman Street. The requested
modifications include: partitioning the property to be consistent with the approved phasing plan;
adjusting the property lines for Lots #349 and #15417; modifying the approval with regard to
the timing of the installation of landscaping, irrigation, and open space improvements in Phase I;
and modifying Exhibit E, Condition 930 of the approved Development Agreement as it relates to
the construction and timing of street improvements for both Perozzi Street and Almeda Drive;
and
WHEREAS, on June 9, 2015 the City of Ashland Planning Commission considered the above-
referenced request for modifications to the Verde Village Subdivision Development Agreement
and recommended that the City Council approve modifications to the development agreement,
including modified language for Exhibit E, Condition #30 and the addition of two new
conditions, #32 and #33, to the Development Agreement's Exhibit E "Verde Village Special
Conditions"; and
WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing
on the above-referenced request for modifications to the Development Agreement on July 21,
2015; and
WHEREAS, the City Council of the City of Ashland, following the close of the public hearing
and record, deliberated and conducted first and second readings approving adoption of the
Ordinance in accordance with Article 10 of the Ashland City Charter; and
WHEREAS, the City Council of the City of Ashland has found and determined that the
requested modifications of the Verde Village Subdivision's Development Agreement are in the
Ordinance No. Page 3 of 4
best interest of the public health, safety and welfare of the City of Ashland; meet a public need
and provide a public benefit; and are consistent with all applicable City of Ashland laws and
ordinances.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitations are true and correct and are incorporated herein by this
reference.
SECTION 2. The City of Ashland declares the approval and adoption of the requested
modifications to the original Verde Village Development Agreement, said modifications being
attached to this Ordinance as Exhibit A, Fifth Amendment to the Verde Village Development
Agreement to Reflect Council-Approved Modifications to the Agreement and Timetable;
Exhibit B, Revised Exhibit E, Verde Village Special Conditions; and Exhibit C, Revised
Exhibit F, Timetable of Development Outline Plan Physical Commencement and Completion.
These exhibits are made a part hereof by this reference.
SECTION 3. The adoption of this Ordinance declaring approval of the proposed modifications
to the Verde Village Subdivision Development Agreement and associated amendments to the
timetable are fully supported by evidence contained in the whole record, which is incorporated
herein by this reference.
SECTION 4. The Ordinance shall be effective after execution of the Fifth Amendment to Verde
Village Development Agreement to Reflect Council-Approved Modifications to the Agreement
in Attachment 1 by both the City and WILMA LLC, but not earlier than thirty (30) days after
the second reading of this Ordinance and signature by the Mayor.
SECTION 5. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
The foregoing ordinance was first read by title only in bccord:mce with Article X,
Section 2(C) of the Cit Charter on the Z) day of J,~114_ 2015, and duly PASSED
and ADO TED this day of A ~ -t 2015.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _5- day of AUVIh,5l , 2015.
Jo Stromberg, Mayor -
Reviewed as to fo
Z,e;al) Z/-m a
David Loh n, City Attorney
Ordinance No. Page 4 of 4
Exhibit A
FIFTH AMENDMENT TO VERDE VILLAGE DEVELOPMENT
AGREEMENT TO REFLECT COUNCIL-APPROVED MODIFICATIONS
TO THE AGREEMENT AND TIMETABLE
THIS FIFTH AMENDMENT is made and entered into this I day of CA Uk±~) d(`t 2015,
by and between the City of Ashland, a municipal corporation of the S of Oregon,
(hereinafter referred to as "City"), and WILMA, LLC, an Oregon Limited Liability Company,
(hereinafter referred to as "WILMA").
Whereas, on December 18, 2007, the City of Ashland approved Ordinance 2945 granting
approval to the Verde Village Development Agreement, a land use decision; and
Whereas, on July 17, 2009 Planning Director Bill Molnar approved and executed the
First Amendment to the Verde Village Development Agreement, approving a 12 month
administrative timetable extension as contemplated in Exhibit F of the original Development
Agreement; and
Whereas, on March 2, 2010, the Ashland City Council adopted Ordinance No. 3007, the
Recession Extension Ordinance, which ordinance created a ministerial process for the Planning
Director to grant current planning actions a 12 month timetable extension in recognition of the
difficult financial market.
Whereas, on April 9, 2010, WILMA LLC requested an extension for the entire project in
accordance with the Recession Extension ordinance.
Whereas, on June 6, 2010, the requested Amendment to the Development Agreement to
extend the timetable was approved administratively by the Director in accordance with the
Recession Extension Ordinance;
Whereas, on April 2, 2013, WILMA LLC requested an extension for the entire project in
accordance with the allowances of the original development agreement and the Oregon Revised
Statutes.
Whereas, on June 4, 2013, the Ashland City Council adopted Ordinance No. 43082
which amended the timetable for the entire project.
Whereas, on January 10, 2014, WILMA LLC requested modifications of the
development agreement and timetable to clarify project phasing, alter the energy efficiency
requirements for the development and make changes to the landscaping and maintenance
requirements associated with the construction of a multi-use path in the riparian corridor.
Whereas, on April 1, 2014, the Ashland City Council adopted Ordinance No. 93092
which amended the development agreement and timetable for the entire project.
Whereas, on May 1, 2015, Urban Development Services LLC on behalf of WILMA LLC
requested modifications of the development agreement and timetable to allow partitioning the
Ordinance No.:,? ,1 D Exhibit A Page 1 of 3
Exhibit A
property to be consistent with the approved phasing plan; adjusting the property lines for Lots
#349 and #15417; modifying the approval with regard to the timing of the installation of
landscaping, irrigation, and open space improvements in Phase I; and modifying Exhibit E,
Condition 430 of the approved Development Agreement as it relates to the construction and
timing of street improvements for both Perozzi Street and Almeda Drive.
Whereas, on August 4, 2015 the Ashland City Council adopted Ordinance No. # 3 110
which amended the development agreement and timetable for the entire project.
NOW THEREFORE, the Verde Village Development Agreement is hereby amended as
follows:
1. The above recitations are true and correct and are incorporated herein by this
reference; and
2. The Development Agreement is hereby amended to reflect modifications of the
development agreement and timetable to allow partitioning the property to be
consistent with the approved phasing plan; adjusting the property lines for Lots #3-49
and #15417; modifying the approval with regard to the timing of the installation of
landscaping, irrigation, and open space improvements in Phase 1; modifying Exhibit
E, Condition 930 of the approved Development Agreement as it relates to the
construction and timing of street improvements for both Perozzi Street and Almeda
Drive; and the addition of two new conditions, #32 and 433, related to the timing of
landscaping, irrigation and open space improvements, as follows:
a. Exhibit E, Verde Village Special Conditions, is hereby replaced in its entirety by
a Revised Exhibit E, attached hereto and made a part hereof by this reference.
b. Exhibit F, Timetable of Development, is hereby replaced in its entirety by a
Revised Exhibit F, attached hereto and made a part hereof by this reference.
3. All other provisions of the Verde Village Development Agreement, not inconsistent
with the above changes remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed these presents on the dates indicated
below. The date of this Amendment shall be the date on which this Agreement was executed by
all parties.
WILM*LL'~ CITY OF ASH ND
By: By:
Gregory Managing Member Jo Strombrg, Mayor
Date: v~5 Date: -iv Zvi S
Ordinance NoA Exhibit A Page 2 of 3
Exhibit A
Ap ved as to Form:
CW
David Lohman,
City Atto_
OFFICIAL SEAL
BARBARA M CHRISTENSEN
NOTARY PUBLIC-OREGON
STATE OF OREGON COMMISSION NO. 480777
MY COMMISSION EXPIRES SEPTEMBER 16, 2011
County of Jackson )
The foregoing instrument was acknowledged before me this day of 2015,
by Gregory D. Williams, as Managing Member and authorized agent of Wilma, LC.
A~-' 4 eluoii~-
Notary Public for Oregon 9
My Commission Expires:
STATE OF OREGON )
County of Jackson )
The foregoing instrument was acknowledged before me this V day of 2015,
by John Stromberg, as Mayor and authorized agent for the City of Ashland p suant to
Ordinance # 3 1 f 0
OFFICIAL STAMP
DIANA RENEE SMIPLET
NOTARY PUBLIC-OREGON
COMMISSION NO. 932046 Notary Public for Oregon
my COMINISSION EXPIRES OCTOBER 02, 2019 My Commission Expires: io Cr 020 t
Ordinance No. 5 1 ID Exhibit A Page 3 of 3
Exhibit B
REVISED EXHIBIT E
VERDE VILLAGE
Special Conditions
1) Affordable Housing Requirements. A deed restriction shall be recorded for
the town home portion of the development specifying the land is required
to be developed as affordable units in accordance with AMC
18.06.030.G(5) and in conformance with the approval of PA 2006-01663.
The deed restriction shall require the affordable units to remain affordable
per Resolution 2006-13 for a 60 year period from initial occupancy. The
town home area shall be serviced with all needed public facilities.
The deed restricted land shall be dedicated to a non-profit (IRC 501(3)(c))
affordable housing developer or comparable Development Corporation
with proof of the dedication and deed restriction being presented to the
City of Ashland Housing Program Specialist prior to issuance of a building
permit for the development of the first market rate residential unit.
The deed for the land conveyed for affordable housing purposes shall
include a reverter to the Owner or deed restriction requiring conveyance
of the property to the City of Ashland if the affordable housing
development is not fully developed in accordance with the approval of PA
2006-01663 within five years of this approval, unless administratively
extended pursuant to Exhibit F. In the event the property reverts to the
Owner the Owner shall thereafter convey the property, without
encumbrances, to the City of Ashland, for affordable housing purposes.
City may accept or reject the offer, but the owner shall not be relieved of
the obligation to convex the property to another approved provider of
affordable housing. All the affordable housing units shall be Net Zero
Energy Ready as provided in Condition 12 below.
2) Annexation Sequence. The sequence is set forth in Section 16 of this
Agreement. Property comprising Phase I shall be annexed first. The land
dedicated to the City for parks purposes adjacent to Ashland Creek shall
be annexed second. Following such Park annexation, Phase II of the
project (single-family development) may be annexed.
3) Applicant's Proposals: The applicant agrees that Project shall be
constructed to the standards as proposed in the application, and as finally
approved by the Council, including supporting documentation as entered
into the record. All proposals of the applicant are conditions of approval
for purposes of enforcement.
Ordinance No.?-) I I D Exhibit B Page 1 of 10
Exhibit B
4) Archaeological Artifacts: In the event of discovery of archaeological artifacts
during project construction, the Owner shall stop construction in that area
and notify the City and the State of Oregon. Proper protection and/or
relocation of artifacts, to the satisfaction of State and Local approval
authorities shall be provided by the Owner, prior to recommencement of
construction.
5) Ashland Creek Riparian Corridor Enhancement and Mitigation. The Owner
shall be solely responsible for the restoration and enhancement of the
area of the Riparian Corridor that is disturbed in the construction of the
multi-use path and four (4) feet on either side of the multi-use path, to be
conveyed to the City as part of the land exchange. A mitigation plan
prepared by a riparian biologist or a natural resource professional with
training and experience in biology, ecology or related fields for the impact
of the construction of the multi-use path in the riparian corridor and to
address the 10-foot wide riparian corridor buffer. The riparian corridor
buffer is the setback between the new eastern property line adjacent to
the Ashland Creek riparian corridor and the single family homes and yards
for units 68, and 25 -39, and is delineated as common area in the
application materials. Disturbed areas from the multi-use path
construction shall be re-vegetated and an additional area restored and
enhanced with local source native plant material including ground cover,
shrubs and trees at a 1:1.5 ratio, erosion control material shall be applied
(e.g. mulch, hay, jute-netting, or comparable) and temporary irrigation
facilities installed. The mitigation plan shall include but not be limited to a
statement of objectives, measurable standards of mitigation, an
assessment of riparian corridor functions and values, a statement and
detail plan of the location, elevation and hydrology of the mitigation area,
a planting plan and schedule, a monitoring and maintenance plan, a
contingency plan and performance guarantees. The applicants shall install
the mitigation measures in the approved mitigation plan in conjunction
with the multi-use path installation. The Final Plan application shall include
a mitigation plan (see contract required plant materials). The Contract for
Installation of Plant Materials with Security acceptable to the City Attorney
and Planning Director shall be submitted for restoration and enhancement
consistent on or before the commencement of construction as specified in
the Timetable of Development.
6) Boundary Description. A final boundary description and map shall be
prepared in accordance with ORS 308.225. A registered land surveyor
shall prepare the description and map. The boundaries shall be surveyed
and monuments established as required by statute subsequent to Council
approval of the proposed annexation.
Ordinance No. Exhibit B Page 2 of 10
Exhibit B
7) Covenants Conditions and Restrictions. A draft copy of the CC&R's for the
homeowners association(s) shall be provided at the time of Final Plan
application. Lots 65 - 68 shall be included in a homeowners association
and subject to all subdivision requirements. CC&R's shall describe
responsibility for the maintenance of all common area and open space
improvements, parkrows and street trees. CC&R's shall provide reciprocal
easements for residents of the various homeowners associations (i.e.
cottages, town homes and single-family residential) to access and use all
of the project open spaces. CC&R's shall note that any deviation from
the Tree Protection Plan must receive written approval from the City of
Ashland Planning Department. The CC&R's shall identify the units a-Fe
which are subject to the City's Affordable Housing requirements and terms
of affordability. The CCRs shall include reference to the administrative
enforcement provisions of this agreement and the ability of the City to
enforce and assess the association for the maintenance of common areas,
including the association's responsibilities for maintenance of the storm
water areas offsite.
The Final Plan submittal shall address the usability, including Verde Village
community access, of the private open spaces. Usability shall be
specifically addressed for the two small open spaces in the town home
area (550 sf and 700 sf), one small open space in the cottage area (1,300
sf) and the one small open space adjacent to the alley 1,310 sf). Layout
and landscaping of the open spaces as well as any improvements such as
play equipment shall be detailed in the Final Plan submittals.
8) Curb-Cut Compliance. The Final Plan application shall include revised
and corrected driveway curb-cuts for units 45 and 46 - spaced at least 24-
feet apart as measured between the outside edges of the apron wings of
the driveway approaches in accordance with the Ashland Street
Standards.
9) Easements: Buildings or permanent structures shall not be located over
easements, including but not limited to the sanitary sewer pressure line
easement.
10) Endangered Species: In the event that it is determined that any
representative of a protected plant or animal species pursuant to the
federal, state, regional or local law, is resident on or otherwise is
significantly dependent upon the Verde Village property, the Owner shall
cease all activities which might negatively affect that individual or population
and immediately notify the City of Ashland, State of Oregon and the U.S.
Fish and Wildlife Service. Construction may resume when proper protection,
to the satisfaction of all agencies, including the City, is provided by the
Ordinance No. Exhibit B Page 3 of 10
Exhibit B
Owner.
11) Energy Conservation: Earth Advantage Program. A minimum of 53 of the
residential units shall qualify in the City of Ashland Earth Advantage
program with at least a Gold rating. That a minimum of 53 of the
residential units be constructed as Photovoltaic Ready.
12) That the 15 affordable residential units in the subdivision (i.e. town
homes) shall meet the application "Net Zero Energy" Performance
Standard as outlined in Exhibit K-3 of the Revised Outline Plan, Book III -
Narrative revised October 24, 2007, except that the photovoltaic (PV)
system is not required to be installed in the affordable units. The
affordable unit shall be constructed with the appropriate infrastructure
(e.g. wiring, conduit, roof structure) so that a photovoltaic (PV) system
can be installed at a later date.
13) Intersection Design: Applicant shall design the pedestrian crossing at the
new intersection of Heiman St., Almeda Dr. and Nevada St. Pedestrian
safety and refugee shall be addressed in the intersection design. Design
must be submitted with the Final Plan application.
14) LID Non-remonstrance: Prior to Final Plan Approval, the applicant shall
execute a document as consistent with ALUO 18.68.150 agreeing to
participate in their fair share costs associated with a future Local
Improvement District for improvements to Heiman Street and to not
remonstrate against such District prior to signature of the final subdivision
survey plat. Executed documents shall be submitted with the application
for Final Plan. Nothing in this condition is intended to prohibit an
owner/developer, their successors or assigns from exercising their rights
to freedom of speech and expression by orally objecting or participating in
the LID hearing or to take advantage of any protection afforded any party
by city ordinances and resolutions in effect at the time
15) Lot Coverage Compliance. The Final Plan application shall include revised
and corrected lot coverage calculations in square footage and percentage
for each development area (i.e. cottages, town homes and single-
family/duplex areas). Any area other than landscaping such as structures,
driveways, patios and pervious paving that does not allow normal water
infiltration shall be included as lot coverage.
16) Measure 49 Waiver. The applicant expressly agrees to construct the
project in accordance with the approved plan and City ordinances and
Ordinance No. Exhibit B Page 4 of 10
Exhibit B
waives the right to file a claim under Oregon Statewide Measure 49. The
signed waiver shall be submitted to the City of Ashland Legal Department
for review and approval prior to signature of the survey plat or adoption
of a resolution or ordinance formally annexing the property, whichever is
first.
17) Multi-Use Path Improvements. As specified in the approved Timetable
of Development, all the multi-use paths shall be constructed according to
City Code standards, specifically, paths shall be paved with concrete,
asphalt or a comparable all-weather surfacing. Two to four foot wide
gravel or planted strips are required on both sides of the multi-use paths
in accordance with the Ashland Street Standards. Fencing or retaining
walls shall be located two to four feet from the improved edges of the
path to provide clear distance on both sides of the path for safe operation.
The clear distance areas shall be graded to the same slope as the
improved path to allow recovery room for pedestrians and bicyclists. The
clear distance areas shall be limited to gravel or landscape materials, and
vegetation in excess of six inches in height shall not be placed in the clear
distance areas. The transition from Almeda Dr. to the multi-use path,
from Canine Way to the multi-use path and from Nevada St. to the multi-
use path shall be addressed. Specifically, the preliminary engineering
shall address bicycle access from the street grade and provide sufficient
turning radius for bicycle navigation. The preliminary engineering plans
submitted with the Final Plan application shall include details for the multi-
use path improvements and this design. All multi-use path public
easements shall be clearly identified on the final survey plat, conveyed,
and identified in the project, (with appropriate markings or compliant
signage). Easements are required for paths between units 64-65 and
adjacent to 39. The project CC&R's shall expressly note that the
pathways are for public use and shall not be obstructed or through access
restricted unless authorized by the City of Ashland and Ashland Parks
Department.
18) Multi-Use Path Revisions: The adjustments to the width and location of
the multi-use path in and adjacent to the Ashland Creek riparian corridor
shall not affect the width or location of the 10-foot wide setback to
buildings and structures or riparian corridor buffer between the new
eastern property line adjacent to the Ashland Creek riparian corridor and
the single family homes and yards for units 68, and 25-39 that is
delineated as common area in the application materials. The 10-foot wide
setback to buildings or structures or riparian corridor shall be located and
sized as shown on plans S-1 dated June 8, 2007, S-4 dated June 8, 2007
and P-2 dated July 17 from the application.
Ordinance No. Exhibit B Page 5 of 10
Exhibit B
19) Open Space Usability. [Planning Commission Condition]. The Final Plan
submittal shall address the usability, including community access, of the
open spaces. Usability shall be specifically addressed for the two small
open spaces in the town home area (550 sf and 700 sf), one small open
space in the cottage area (1,300 sf) and the one small open space
adjacent to the alley 1,310 sf). Layout and landscaping of the open
spaces as well as any improvements such as play equipment shall be
detailed in the Final Plan submittals.
20) Parking Compliance: The Final Plan application shall include revised and
corrected on-street parking placement so that parking spaces are not
counted that are within 20 feet measured along the curb of any corner or
intersection of an alley or street in accordance with 18.92.025.D.
21) Sidewalk Construction. A sidewalk meeting the requirements of the
Ashland Street Standards shall be installed on the north side of Nevada St.
from the eastern project boundary to the intersection of Nevada S. to Oak
St. Sidewalk design shall be at the discretion of the Staff Advisor in order
to address site constraint's such as grade and right-of-way width. These
sidewalk improvements shall be included in the preliminary street
improvement plan included with the Final Plan application.
22) Solar Ordinance Compliance. The Final Plan application shall demonstrate
all new structures comply with the Solar Setback A, or that each home
shall receive an equivalent certification by the project architects and
mechanical engineers that the shadow height on southern facing
exposures will not exceed that allowed under Solar Setback A in
accordance with Chapter 18.70 of the Ashland Land Use Ordinance.
Alternatively, the Final Plan application may seek a Variance to solar
setback requirements, if applicants can submit architectural and
engineering analysis supporting a variance.
23) Storm water Continuing Maintenance Obligation: The Owner, and
thereafter, the Association, (or the owners of units in the project in the
event the Association is dissolved), shall be responsible for permanent
maintenance of both on-site and off site storm water bio-engineered
swales and wetland systems. Specifically, the created wetland area and
storm water swale system to be constructed with the project and to be
located on property exchanged with the City shall remain the maintenance
obligation of the Owner, Association, its successors and assigns.
Maintenance shall be coordinated and approved by the City Public Works
Department and Building Division and shall be performed in accordance
with approved plans by licensed contractors, hired by the Association and
authorized by City Public Works to enter property for maintenance
Ordinance No. Exhibit B Page 6 of 10
Exhibit B
purposes.
24) Sworn Statement. Prior to any land clearing, alteration, or physical
construction (other than survey work or environmental testing) on a site
the property owner and developer, if any, shall execute a sworn
statement under penalty of perjury and false swearing, that
owner/developer has obtained all required Federal, State, and local
authorizations, permits and approvals for the proposed development,
including any proposed use, or alteration of the site, including also any
off-site improvements.
25) Tree Protection Compliance. The Final Plan application shall address
mitigation for the removal of the 25-inch dbh Oak tree (tree 39 on Tree
Survey and Protection Plan, T-1, June 8, 2007). Mitigation shall meet the
requirements of Ashland Land Use Ordinance 18.61.084. A Verification
Permit in accordance with 18.61.042.6 shall be applied for and approved
by the Ashland Planning Division prior to removal of the approved Oak
tree(tree 39 on Tree Survey and Protection Plan, T-1, June 8, 2007) and
prior to site work, storage of materials and/or the issuance of an
excavation or building permit. The Verification Permit is to inspect the
tree to be removed and the installation of the tree protection fencing.
The tree protection for the trees to be preserved shall be installed
according to the approved Tree Protection Plan prior to site work or
storage of materials. Tree protection fencing shall be chain link fencing a
minimum of six feet tall and installed in accordance with 18.61.200.B.
26) Vision Clearance Compliance. The Final Plan application shall include
revised and corrected delineation of vision clearance areas at the
intersections of streets and alleys throughout the project in accordance
with 18.92.070.D. Structures, signs and vegetation in excess of two and
one-half feet in height shall not be placed in the vision clearance areas.
Building envelopes shall be modified accordingly on the Final Plan
submittals.
27) No Waiver. The failure of this Agreement to address a particular permit,
condition, term or restriction shall not relieve the Owner of the necessity
of complying with the law governing said permitting requirements,
conditions, terms or restrictions. Any matter or thing required to be done
pursuant to the requirements of the ordinances of the City of Ashland
shall not be amended, modified or waived unless such modification,
amendment or waiver is expressly provided for in this Agreement with
specific reference to the provisions so modified waived or amended.
Ordinance No. Exhibit B Page 7 of 10
Exhibit B
28) Wetland Setbacks. A minimum of five feet shall be maintained between
the northern pavement edge of the multi-use path and the wetland. The
Final Plan application shall address the full width of the path improvement
including the base materials and methods to protect the wetland during
construction (i.e. sediment fencing).
29) Zoning Compliance. The Final Plan application shall include demonstration
that the buildings in the R-1-3.5 zoning district (cottages and town
homes) meet the required front yard for the R-1-3.5 zoning district.
30) Phasing: That Phase 1 d Phase 11 Fefer to speeific pertiens of th-e
develepn9en't, and ,--I,,e applicants shall have the-ab4" eenstFuet Phase
T -enstruct both phases at the saffle tinge. If t
of lets in Phase T and-Hr-se
f' t shall elude. the `e t t' n of AI ed DFuve free its l 'kilt
' Street,
terminus n t to Vei man St t, I and the eenstruetien f I7r~r.•.-. f GI VLLI Street,
1
/ /
speeted-afd appreved prier to the eenstFuctien of any
Phasing. That Phase I and Phase II refer to specific portions of the
development, and the at?plicants shall have the ability to construct Phase
II prior to Phase I, or to construct both phases at the same time. If the
project is built in a single phase, 24 lots (50 percent of the total number
of lots in Phase I and Phase II) would need to meet the timetable for
Phase I. If the project is built in phases, whichever phase is constructed
first shall include: the construction of Almeda Drive from its current
terminus out to Nevada Street., and e-^av ,true `en of -
Street (formerly rnre Way) frorn~slmed Dr-mye-to trte-vvcr
Par-it. 10'p*7F-streets .7'ITCIrT17T-Ce'm'ele`Ce
r~
If completed in phases, Almeda Drive shall be completed
according to the approved plans, but allowed to be constructed
to a ter-street 1 12' street standard whmEh :..,.1..de - include full-
width paving, curbs and gutters on both sides (unless an
alternative curb and gutter treatment on the Phase II side is
approved by the Public Works Director), sidewalks and parkrow
planting strips with street trees on the phased side, with the
Ordinance No. Exhibit B Page 8 of 10
Exhibit B
street's remaining As. , sidewalks and parkrow
planting strips and street trees to be built with the remaining
phase.
Perozzi Street from Almeda to the Dog Park, shall be constructed
with Phase II according to the approved plans (including street
signs, paving, curbs, gutters, sidewalks and parkrow planting
strips with street trees on both sides), inspected and approved
prior to the construction of any home. If Phase I is completed
first, temporary street connections to both the Dog Park and Rice
Park Townhomes shall be completed in the Preliminary Layout,
Thornton Engineering, Sheet 2 These temporary connections
shall be a minimum of 20 feet in width to accommodate two-way
traffic and emergency vehicle access.
31) Multi-Use Path & Nevada Street Sidewalk Timing. That the multi-use path
and the sidewalk on Nevada Street, from Helman Street to Oak Street,
shall be tied to the construction of Sander Way as part of Phase II, rather
than as a part of Phase I. A revised plan (rep/acing Sheet R-1 from
December 1, 2008) shall be provided prior to pathway installation
illustrating the proposed pathway installation and the redefined limits of
the slope stabilization and associated re-vegetation and shall include the
planting of additional trees both inside and outside the pathway corridor
to be selected based on recommendations of Parks Department staff as to
the number, type and placement. The multi-use pathway improvements
shall be installed with Phase II of the development, but no later than five
years following completion of the first phase.
32) That prior to the issuance of a Certificate of Occupancy for any particular
unit, the landscaping and irrigation plan as identified in Exhibits CL-1 and
CL-2 shall be installed for that particular unit However, at the written
request of the applicants, the Staff Advisor may allow for a temporary
Certificate of Occupancy (not to exceed 18 months) if it is determined that
particular unit's landscaping is likely to be damaged during construction of
the adjacent unit. If a temporary Certificate of Occupancy is granted by
the Staff Advisor, the applicants shall post a Performance Guarantee bond
issued by a surety authorized to do business in the State of Oregon,
irrevocable letter of credit from a survey or financial institution acceptable
to the Cam, cash or other form of security acceptable by the Staff Advisor.
At the time of the adjacent units Certificate of Occupancy, the landscaping
and irrigation for the original unit shall be completed and Performance
Guarantee returned or cancelled.
Ordinance No. Exhibit B Page 9 of 10
Exhibit B
33) That the open space areas and associated common improvements
between units #1-3 units #4-13, and #14-20 shall be completed prior to
the issuance of a final occupancy permit for the final unit in each cluster,
and prior to completion of 100 percent of the units 100 percent of the
open spaces within Phase I, including any remaining private walkways and
curbs adjacent to the private street or elsewhere within the first phase of
the development and any remaining land landscaping or irrigation will be
completed.
Ordinance No. Exhibit B Page 10 of 10
Exhibit C
REVISED EXHIBIT F
TIMETABLE OF DEVELOPMENT - OUTLINE PLAN
PHYSICAL COMMENCEMENT AND COMPLETION
[ORS 94.504(4)]
This development will be constructed in phases as shown on Exhibit D to this Agreement. Phase I
includes the R-1-3.5 portion of the project, twenty four cottage units, along with one single family
lot. Phase II includes all other lots, the multi-use path, the sidewalk on the north side of Nevada, the
Riparian Corridor and Wetland area. Phase I and Phase II may be constructed in any order or at the
same time. If the project is constructed in two phases the completion of Almeda will be included in
the first phase. Each phase to be constructed, and the date which Final Plan and Site Review and
final plat approval of each phase must be obtained, are as follows:
Physical commencement of construction of any phase of development shall occur on or before
January 17, 2010. If
i [Physical Commencement of Rice Park affordable housing project, a portion of Phase I,
commenced on June 1, 2009.
Completion of all infrastructure and vertical construction, except for single family units on
individual platted lots, [4 total exempt from vertical construction deadline] shall occur no later than
January 17, 2023.
Phase Final Plan and Site Infrastructure Final Plat and Completion
Review Approval Completion of Vertical Construction
I July 17, 2009* July 17, 2020 January 17, 2022
*[Final Plan Approval was obtained on 01-06-09 for Rice Park, a portion of Phase 1]
*[Final Plan Approval was obtained on 01-25-09 for the remainder of Phase 1]
July 25, 2018- Final Civil Plan Approval (construction
authorization) and any associated construction permits must be
obtained and Contract for Installation and Maintenance of Plant
Materials with Security submitted and executed, and construction
commenced with respect to the first phase elements no later than
specified.
[Final Civil Plan Approval (construction authorization] for Rice
Park, a portion ofPhase 1, was obtained on May 5, 2009.]
July 17, 2020. Complete extension of Almeda to
Nevada Street as provided in Exhibit E. Condition
430, "Canine
eeffipletion of eanstfuetion of access to Deg- Pafk, including installation of water,
sanitary sewer, storm drainage power, gas, telephone
Ordinance No. 1(~ Exhibit C Page 1 of 3
Exhibit C
and all utilities.
July 17, 2020. Complete construction of subdivision
infrastructure to the affordable housing site and
complete extension of all needed public facilities to
the affordable housing site. (to service 15 townhome
units).
July 17, 2020. Complete construction of
"subdivision" Infrastructure for the first phase.
July 17, 2020. Deadline for final survey to be
signed after completion of subdivision
infrastructure and before start of vertical
construction for the first phase.
July 17, 2011. j 'r Deadline to transfer property
title to Affordable Housing Tract to Rogue Valley
Community Development Corporation (RVCDC) or
other approved non-profit affordable housing
developer. Transfer shall occur prior to vertical
construction on any Phase of the project.
f f The Affordable Housing Tract was transferred to
RVCDC on December 09, 2008, upon approval of the
early conveyance by the City Council on October 07,
2009.
January 17, 2022. Vertical construction deadline for
all of the first phase or 24 units (50 percent of the
units in this project).
Phase Final Plan and Site Infrastructure Final Plat and Completion
Review Approval Completion of Vertical Construction
II July 17, 2020 July 17, 2022 January 17, 2023
January 17, 2022.$$ Final Civil Plan Approval (construction
authorization) and any associated construction permits must be
obtained and Contract for Installation and Maintenance of Plant
Materials with Security submitted and executed, and construction
commenced with respect to the second phase elements within 18
months of Final Plan Approval, no later than specified.
July 17, 2022. Complete construction of
Ordinance No. Exhibit C Page 2 of 3
Exhibit C
"subdivision" Infrastructure for the second phase
including construction of Perozzi Street (formerly
"Canine Way") from Almeda to the Dog Park as
provided in Exhibit E. Condition 430.
July 17, 2022. Deadline for final survey to be
signed after completion of subdivision
infrastructure and before start of vertical
construction for the second phase.
January 17, 2023. Vertical
construction deadline for the
remainder of the units.
Failure to strictly comply with this timetable of development requires an amendment to this
Agreement and subjects the Owner to then current laws, including but not limited to engineering
construction standards, contrary to the ordinary protection of ORS 92.040. The title transfer,
physical commencement and the 2023 completion deadline shall not be administratively extended.
After the construction termination date, no further development as authorized herein (except for
building permits for single family units on individual platted lots) shall be allowed on the subject
property unless such development is in compliance with applicable development regulations in
effect at the time. Any amendment to the extent of the Amendment shall comply with the laws in
effect at the time the amendment is sought.
Failure of the timetable of development to list an element of the Project does not relieve or
excuse the Owner from the requirement to complete that element.
Ordinance No. Exhibit C Page 3 of 3