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HomeMy WebLinkAboutKestrel_PKWY_Area_3_PA-T1-2020-00113June 30, 2020 Notice of Final Decision On June 30, 2020, the Community Development Director approved the request for the following: Planning Action: PA-TI-2020-00113 Subject Property: Kestrel Parkway Subdivision, Area #3 Applicant: Jacob Robert Ayala/KDA floines, LLC Description: A request for Final Plan subdivision approval for the "Kestrel Park Cottages", a 16- lot/l 5-unit subdivision of Area 3, one of the areas reserved for future development in the recently approved Kestrel Park Subdivision, The subdivision Outline Plan was approved by the Ashland Planning Commission as PA-'F2-2019-00016, and included a Site Review Permit approval. COMPIZE HENSIVE PLAN DESIGNATION: North Mountain Single Family (NM-R- 1.7.5) and North Mountain Multi -Family (NM-MF); ZONING: NM-R-1-7.5 and NM-MF; ASSESSOR'S MAP& TAX LOTS: 39 IE04AC 900�, 39 IE04AD 8600, and 39 IE04DB 2000. The Community Development Director's decision becomes final and is effective on the 12'11 day after the Notice of Final Decision is mailed. Approval is valid for a period of 18 months and all conditions of approval identified on the attached Findings are required to be met prior to project completion. The application, all associated documents and evidence submitted, and the applicable criteria are available for review at the Ashland Community Development Department, located at 51 Winburn Way. Copies of tile documents can be requested and are charged based on the City of Ashland copy Bee schedule. Prior to the final decision date, anyone who was mailed this Notice of Final Decision may request a reconsideration of I action as set forth in the Ashland Land Use Ordinance (ALUO) 18.5. 1 .050(F) and/or file an appeal to the Ashland Plaiuring Commission as provided in ALUO 18.5.1.050(G). The ALUO sections covering reconsideration and appeal procedures are attached. The appeal may not be made directly to the Oregon Land Use Board of Appeals. If you have any questions regarding this decision, please contact Maria Harris in the Community Development Department at (541) 488-5305. cc: Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel; 541-488-5305 51 Winborn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 1W SECTION 18.5.1.050 Type I Procedure (Administrative Decision with Notice) F. Effective Date of Decision. Unless the conditions of approval specify otherwise or tile decision is appealed pursuant to subsection 18.5,1.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision, F. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below. 1. Any party entitled to notice of the planning action, or any City department may request reconsideration of the action after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no fault of the party asking for reconsideration, which in tile opinion of the Staff Advisor, might affect the decision. Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity to respond to the issue prior to making a decision, 2. Reconsideration requests shall be received within five days of mailing tile notice of decision. The Staff Advisor shall decide within three days whether to reconsider the matter. 1 If the Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw tile decision for Purposes of reconsideration. The Staff Advisor shall decide within ten clays to affirm, modify, or reverse the original decision. Tile City shall send notice of the reconsideration decision to affirm, modify, or reverse to any party entitled to notice, of the planning action. 4. If the Staff Advisor is not satisfied that all error occurred crucial to the decision, the Staff Advisor shall deity the reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration. G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, Pursuant to tile following: I. Who May Appeal. Tile following persons have standing to appeal a Type I decision. a. The applicant or owner of the subject property, b. Any person who is entitled to written notice of the Type I decision pursuant to subsection 18.5.1.050,13. c. Any other person who participated in the proceeding by submitting written comments on the application to the City by tile specified deadline. 2. Appeal Filing Procedure. a. Notice of j)peal. Any person with standing to appeal, as provided in subsection 18,5,1,050,G, 1, above, may appeal aType I decision by filing a notice of appeal and paying tile appeal fee according to the procedures of this subsection. The fee required in this section shall not apply to appeals made by neighborhood or community organizations recognized by the City and whose boundaries include the site. If all appellant prevails at the hearing or upon subsequent appeal, the fee for the initial hearing shall be refunded. b. Time for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date tile notice of decision is mailed. c. Cora ent ofNotice oj'Apl)eal. The notice ofappeal shall be accompanied by the required filing fee and shall contain. i. Ali identification of the decision being appealed, including the date of the decision. ii. A statement demonstrating the person filing the notice of appeal has standing to appeal. iii. A statement explaining the specific issues being raised on appeal. iv. A statement demonstrating that tile appeal issues were raised during the public comment period. d. Tile appeal requirements of this section must be fully met or the appeal will be considered by the City as a jurisdictional defect and will not be heard or considered, 3. Scope of Appeal. Appeal hearings on. Type I decisions made by the Staff Advisor shall be de novo hearings before the Planning Commission. The appeal shall not be limited to the application materials, evidence and other documentation, and specific issues raised in the review leading kip to the "Type I decision, but may include other relevant evidence and arglinlCutS. Tile Commission irtay allow additional evidence, testimony, or argument concerning any relevant ordinance provision. 4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type 11 public hearing procedures, pursuant to section 18.5.1.060, Subsections A — E, except that the decision of tile Planning Commission is the filial decision of the City oil all appeal of a Type I decision. A decision oil all appeal is filial the date the City mails the adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of Appeals, pursuant to ORS 197.805 - 197.860. COMMUNITY DEVELOPMENT DEPARTMENT TeL 541A88-5305 51 Wilburn Way fax. 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 ASHLAND PLANNING DEPARTMENT FINDINGS & ORDERS PLANNING ACTION: PA-` l-2020-00113 SUBJECT PROPERTY: Kestrel Parkway Subdivision, Area #3 (see map) OWNER/APPLICANT: Jacob Robert Ayala/KDA Homes, LLC DESCRIPTION: A request for Final Plan subdivision approval for the "Kestrel Park Cottages", a 16- lot/l 5-unit subdivision of Area 3, one of the areas reserved for future development in the recently approved Kestrel Park Subdivision. The subdivision Outline Plan was approved by the Ashland Planning Commission as PA-T2-2019-00016, and included a Site Review Permit approval. COMPREHENSIVE PLAN DESIGNATION: North Mountain Single Family (NM-R-1.7.5) and North Mountain Multi -Family (NM-MF); ZONING: NM-R-1-7.5 and NM-MF; ASSESSOR'S MAP & TAX LOTS: 39 1E 04AC 900,39 lE 04AD 8600, and 39 lE 04DB 2000. SUBMITTAL DATE: April 24, 2020 DEEMED COMPLETE DATE: May 22, 2020 STAFF APPROVAL DATE: June 30, 2020 DEADLINE TO APPEAL (4:30 p.m.): July 13, 2020 FINAL DECISION DATE: July 14, 2020 APPROVAL EXPIRATION DATE: January 14, 2022 DECISION The proposal is a request for a Final Plan approval of a 16 lot subdivision including 15 cottages and one lot for open space. The Outline Plan for the Kestrel Park Subdivision was approved by the Ashland Planning Commission as PA-T2-2019-00016 on May 10, 2019. The subject phase of development was identified as Area 3 of the Kestrel Park Subdivision. The subject development, hereinafter referred to as Area 3, also received Site Design Review approval on May 10, 2019. The Area 3 property is vacant and 1.11 acres in size. The site is relatively flat except for a steeply sloped area in the northeast corner, and generally without significant natural features. The larger neighborhood area was master planned in the late 1990's resulting in the North Mountain Neighborhood Plan (NMNP). The NMNP established the street system plan, zoning, planned densities and design standards for the neighborhood. The subject development area includes portions of three tax lots and two zoning districts: NM-R-1-7.5 (Neighborhood Edge, a single family zoning district), and NM-MF (Neighborhood Core, a multi -family zoning district). Final Plan approval is based on substantial conformance with the approved Outline Plan and is based on a comparison of the outline plan with the final plan meeting all of the Final Plan approval criteria. The proposed street configurations meet the requirements of the North Mountain street standards. Fifteen cottages were approved with the Outline Plan and the Final Plan also includes 15 cottages. The development did not request or receive any density bonuses to increase the number of cottages. The private yards included in the Outline Plan maintain the original yard areas and the same distances between the buildings. The open space area is decreased to eight percent of the total lot area which was specifically permitted by a condition of approval of the Outline Plan. PA-"r i-2020-001 13 Kestrel Parkway Subdivision, Area #3/inh Page 1 The cottages range in size from 837 square feet to 1,154 square feet which is similar to the approved Outline Plan. The cottages received Site Design Review approval including exterior design and materials in PA-T2-2019-00016, and therefore must be consistent with the previously approved building elevations. No written comments were received regarding the application. The criteria for a Final Plan approval are in AMC subsection 18.3.9.040.8 as follows. 5. Approval Criteria for Final Plan. Final Plan approval shall be granted upon finding of substantial conformance with the Outline Plan. This substantial conformance provision is intended solely to facilitate the minor modifications from one planning step to another. Substantial conformance shall exist when comparison of the outline plan with the final plan meets all of the following criteria. a. The number of dwelling units vary no more than ten percent of those shown on the approved outline plan, but in no case shall the number of units exceed those permitted in the outline plan. b. The yard depths and distances between main buildings vary no more than ten percent of those shown on the approved outline plan, but in no case shall these distances be reduced below the minimum established within this Ordinance. c. The open spaces vary no more than ten percent of that provided on the outline plan. d. The building size does not exceed the building size shown on the outline plan by more than ten percent. e. The building elevations and exterior materials are in conformance with the purpose and intent of this ordinance and the approved outline plan. That the additional standards which resulted in the awarding of bonus points in the outline plan approval have been included in the final plan with substantial detail to ensure that the performance level committed to in the outline plan will be achieved. g. The development complies with the Street Standards. h. Nothing in this section shall limit reduction in the number of dwelling units or increased open space provided that, if this is done for one phase, the number of dwelling units shall not be transferred to another phase, nor the open space reduced below that permitted in the outline plan. 6. Any substantial amendment to an approved Final Plan shall follow a Type I procedure in section 18.5.1.050 and be reviewed in accordance with the above criteria. In staff's assessment, the application with the attached conditions complies with applicable ordinances and meets all required criteria. Planning Action #PA-T1-2020-00113 is approved with the following conditions. Further, if any one or more of the following conditions are found to be invalid for any reason whatsoever, then Planning Action #PA-T1-2020-00113 is denied. The following are the conditions and they are attached to the approval: PA-T1-2020-00113 Kestrel Parkway Subdivisioii, Area #3hnh Page 2 1. That all proposals of the applicant shall be conditions of approval unless otherwise modified herein. 2. That all conditions of the Outline Plan and Site Design Review approval PA-T2-2020-00001 G shall remain in effect. 3. That prior to submittal of the Area 3/Kestrel Park Cottages final subdivision survey plat for review and signature the following conditions of approval shall be met. a. The final survey plat shall be submitted within 12 months and approved by the City of Ashland within 18 months of the Final Plan approval. b. All easements including but not limited to public and private utilities, drainage, irrigation, public and private pedestrian access shall be indicated on the final survey plat as required by the Ashland Engineering Division. c. That the subdivision name and all street names shall be approved by the City of Ashland Engineering Division. d. That no utility easements or above -ground equipment such as utility pedestals or transformers shall be located in the common open space area identified on the site plan included in the final plan application dated March 31, 2020 and received April 3, 2020. e. The electric serve plan shall be reviewed and approved by the Ashland Electric, Building, Plarming and Engineering Divisions prior to installation. The electric service plan shall include locations of all primary and secondary electric services including line locations, transformers (to scale), cabinets, meters and all other necessary equipment. 'Transformers, cabinets and vaults shall be located in areas least visible from streets and shall not be located in the common open space, while considering the access needs of the Electric Department. Any required private or public utility easements shall be delineated on the civil plans. f. Electric services shall be installed underground to serve all lots within Area 3, inspected and approved. At the discretion of the Staff Advisor, a bond may be posted for the full amount of underground service installation (ivith necessary permits and connection fees paid) as an alternative to installation of service prior to signature of the final survey plat. In either case, the electric service plan shall be reviewed and approved by the Ashland Electric Department and Ashland Engineering Division prior to installation. g. Subdivision infrastructure improvements including but not limited to utility installations, street and alley installation shall be completed according to approved plans prior to signature of the final survey plat. h. That the sanitary sewer laterals and water services including connection with meters at the street shall be installed to serve all lots within Area 3, inspected and approved. i. That the properties within the project sign in favor and agree to participate in a local improvement district (LID) for future construction of the Nevada Street bridge across Bear Creek. The agreement shall be prepared by the City of Ashland and signed by the property PA-T1-2020-00113 Kesh'e[ Pat-hway Subdivision, Area Ohiih Page 3 owner prior to signature of the final survey plat. 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 parry by City ordinances and resolutions. 4. That the building permit submittals shall include the lot coverage calculations and solar setback calculations for each of the individual cottages and lots. The solar setback calculations shall be based on the solar access performance standard approved with Outline plan pA-T2-2020- 000016. 06.30.2020 Bill Molnar, Community Development Director Date PA-1I-2020-00113 Kestrel Parkway Subdivision, Area Ohnh Page 4 AFFIDAVIT OF MAILING STATE OF OREGON ) County of Jackson ) The undersigned being first duly sworn states that: 1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On June 30, 2020 1 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for the Planning Action #PA-T1-2020-0000113, Kestrel Parkway Area 3. Sig a ure of Employee C:4UsersUVappMes91op1Templa!esV,FFIDAVIT OF MAILING_Regan.doax W3012020 {.,dl,-.dodpjogajajja[anaaaptgjeainq 24Li�cagdaa „ oad AseD assaape,p sal;anb113 PA-T1-2020-00113 391 E04AD44018 AYALA PROPERTIES LLC 132 W MAIN ST #202 MEDFORD, OR 97501 PA-T1-2020-00113 391 E04AD5300 BELENKY DANIEL NATHAN 512 FAIR OAKS AVE ASHLAND, OR 97520 PA-T1-2020-00113 391E04DA2400 BOWMAN LEE ELLSWORTH TRUSTEE 554 MOUNTAIN MEADOWS DR ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AC438 CALDWELL PATRICK K TRUSTEE ET 914 KESTREL PKWY ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AC4500 COSTER GRANT JAYICOSTER LINDA 910 OAK ST ASHLAND, OR 97520 PA-T1-2020-00113 391E04AD5700 DEL RIO RENEE 639 MONTGOMERY ST SE ALBANY, OR 97321 PA-T1-2020-00113 391 E04AD6500 GILLANDERS ROSS J TRUSTEE ET 915 PLUM RIDGE DR ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AD6400 HANSEN DOUGLAS JISOOK-JA H 917 PLUM RIDGE DR ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AD5000 JOHNSON CARL ANDREW TRUSTEE E 4616TH AVE SAN MATEO, CA 94402 PA-T1-2020-00113 391E04AD66002 BAINE WILLIAM TRUST ET AL 882 PLUM RIDGE DR ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AC434 BIETZ DONALD C/FELISING N 924 KESTREL PKWY ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AC433 BROWN JOANIWAYNE 934 KESTREL PKWY ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AD5100 CHEN YIHENG 922 PATTON LN ASHLAND, OR 97520 PA-T1-2020-00113 391E04AD4800 CROWLEY NANCY C 902 PATTON LN ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AD6700 DEROUX DANIEL ET AL 909 PLUM RIDGE DR ASHLAND, OR 97520 PA-T1-2020-00113 391E04AD7700 GRIFFIN ROBERT B TRUSTEE ETA 823 PLUM RIDGE DR ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AC436 HASSELMAN LYNNE ET AL 916 STONERIDGE AVE ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AD6900 JONES DAVID SIBOWEN-JONES KAT 2000 TAMARACK PL ASHLAND, OR 97520 PA-T1-2020-00113 391E04AD7400 BEE RICHARD J TRUSTEE ET AL 583 NANDINA ST ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AC440 BOENITZ DAVID J TRUSTEE ET AL 903 STONERIDGE AVE ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AD5400 BROWN KATHLEEN G TRUSTEE ETA 25 SAN FELIPE WAY NOVATO, CA 94945 PA-T1-2020-00113 391 E04AC431 CLARK NANCY E 348 FAIR OAKS AVE ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AD5800 DAWSON RENEE N TRUSTEE ET AL 480 CARMEN RD TALENT, OR 97540 PA-T1-2020-00113 391 E04AD4500 GILL WILLIAM L TRUSTEE ET AL 911 PATTON LN ASHLAND, OR 97520 PA-T 1-2020-00113 391 E04AD6800 GUTIERREZ LYNDA GAYLE 907 PLUM RIDGE DR ASHLAND, OR 97520 PA-T1-2020-00113 391 E04DA2300 HAYES HAROLD E& DONNA L REV T 564 GREAT OAKS DR ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AD44000 JULIAN SQUARE CONDOMINIUM 663 A ST ASHLAND, OR 97520 PA-T1-2020-00113 391 E 04AD66006 PA-T1-2020-00113 391E04DA1000 PA-T 1 -2020-00113 391 E04AD98000 JURICKOVICH GAYLE M TRUSTEE E KAPLAN RICHARD P TRUSTEE ET A KDA HOMES LLC 821 SATSUMA CT 802 PLUM RIDGE DR 604 FAIR OAKS CT ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 aGp] dn.dod asodxa oa aq 6u01e p000 slagej ssajppV., load Ase3 t u- ud pjugaj al jalanaj ap t3ye ajnyaey el a caiI a� i t � s;va;ed/woa Rune :;ed t „laad �(se� assaipe,p sa}lanbl}3 4 PA-T1-2020-00113 391 E04AD44031 KEIL CHARLES LIKATHARINE 359 KEARNEY ST ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AD7900 LENTFER JACK W TRUST ET AL 539 MOUNTAIN MEADOWS DR ASHLAND, OR 97520 PA-T1-2020-00113 391E04DA2500 LUCAS WILLIAM E TRUSTEE ET AL 544 MOUNTAIN MEADOWS DR ASHLAND, OR 97520 PA-T1-2020-00113 391E04AD55003 KNAUERT DENNIS D TRUSTEE ET A 862 PLUM RIDGE DR ASHLAND, OR 97520 PA-T1-2020-00113 391E04AD4300 LITTLETON THERESE M TRUSTEE E 931 PATTON LN ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AC430 MANN DAMIAN 368 FAIR OAKS AVE ASHLAND, OR 97520 PA-T1-2020-00113 391E04AD4900 PA-T1-2020-00113 391E04DA1200 MEDINGER CONSTRUCTION COMPANY MILLER EDWARD R TRUSTEE PO BOX 702 161 BROWNS RD ASHLAND, OR 97520 WILLIAMS, OR 97544 PA-T1-2020-00113 391E04AD5500 MITZEL STEVEN D/MICHELE A 532 FAIR OAKS AVE ASHLAND, OR 97520 PA-T1-2020-00113 391E04DA2600 MT MEADOWS OWNERS ASSOCIAT 950 GOLDEN ASPEN PL ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AC435 PARKVIEW PLAZA LLC 5 N MAIN ST ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AD7600 POHL ROBERT L 843 PLUM RIDGE DR ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AD5200 REICH CHRISTOPHER BIANGELA L 3767 DEUTZ DR SPARKS, NV 89436 PA-T1-2020-00113 391 E04AD6100 LASH STEPHANIE 925 PLUM RIDGE DR ASHLAND, OR 97520 PA-T 1-2020-00113 391 E04AC4299 LOVESEE JOHN/LIZZIE C CIO THOMAS G FOSTER III 147 NUTLEY ST ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AC441 MCGU IRE BRIAN REV LIV TRUST 906 STONERIDGE AVE ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AD7200 MITCHELL SAMUEL L TRUSTEE 892 PLUM RIDGE DR ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AD66000 PA-T1-2020-00113 391 E04AC437 MOUNTAIN MEADOWS PLUM RIDGE C MOZINGO GEORGE LAND DONNA E PO BOX 1334 360 STRAWBERRY LN ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AD4400 NICHOLS RICHARD A TRUSTEE ET 921 PATTON LN ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AC429 PETSCH WOLFGANG HISHIRLEY ANN PO BOX 1028 ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AD4600 QUINN KELLY G TRUSTEE ET AL 905 PATTON LN ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AD7300 RUNKEL DAVIDIDONNAN 893 PLUM RIDGE DR ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AD8200 NOYCE RALPH H TRUST ET AL PO BOX 1475 CARMEL VALLEY, CA 93924 PA-T1-2020-00113 391 E04AC439 PLEICH GEORGE A AND COLETTE M 904 KESTREL PKWY ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AD6200 RALSTON DAVID 369 N LAUREL ST ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AC4700 SCHLIESMAN PAMELA 900 OAK ST ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AC4800 PA-T1-2020-00113 391 E04AD6300 PA-T1-2020-00113 391 E04AD8100 SHAW CATHERINE M ET AL SHUBAT VINCENT P TRUSTEE ETA SKLENSKY ALDEN F TRUSTEE ET A 886 OAK ST 919 PLUM RIDGE DR 549 MOUNTAIN MEADOWS DR ASHLAND, OR 97520 ASHLAND, OR 97520 !ASHLAND, OR 97520 Easy Peel°Address Labels E Send along line to expose Pop-up Edge 1 Go to avery.com/templates : Use Avery Template 5160 1 PA-T1-2020-00113391E04AC4200 PA-T1 -2020-00113 391 E04DA2800 I PA-T1 -2020-00113 391 E04AD5600 SMITH CLEO M TRUSTEE FBO SPARTAN ASHLAND STELLA REAL E SPOONER RAYMOND MIPAMELA 960 OAK ST 66 WATER ST #200 780 VIVIAN DR ASHLAND, OR 97520 ASHLAND, OR 97520 LIVERMORE, CA 94550 PA-T1-2020-00113 391 E04AD7500 SWANSON DONNA L TRUSTEE ET AL 863 PLUM RIDGE DR 9401 ASHLAND, OR 97520 PA-T 1 -2020-00113 391E04AD8300 TOWER ROBERT D TRUSTEE ET AL 812 PLUM RIDGE DR ASHLAND, OR 97520 IPA-T1-2020-00113 MADARA DESIGN, INC. 2994 WELLS FARGO RD CENTRAL POINT, OR 97502 PA-T1-2020-00113 HUYCKE, O'CONNOR, JARVIS 823 ALDER CREEK DR. MEDFORD, OR 97504 PA-T1-2020-00113 391 E04 DA2700 TAYLOR TAMSIN C TRUSTEE ET AL 594 GREAT OAKS DR ASHLAND, OR 97520 PA-T1-2020-00113 391 E04DAl 100 WYNN-OWEN LISBETH TRUSTEE ET 803 PLUM RIDGE DR ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AD6600 TAYLOR VIDA SUMNER TRUSTEE ET 913 PLUM RIDGE DR ASHLAND, OR 97520 PA-T1-2020-00113 LINDEMANN DESIGN PO BOX 386 ASHLAND, OR 97520 PA-T1-2020-00113 PA-T1-2020-00113 URBAN DEVELOPMENT SERVICES, LLC CEC ENGINEERING 604 FAIR OAKS CT 132 W. MAIN ST. ASHLAND, OR 97520 MEDFORD, OR 97501 Kestrel Park Area 3 NOD 6.30.2020 73 Allez a avery.ca/gaharits Ulillaez iP Gahadt Avery 5160 1 Manning Department, 51 WinL-.., Way, Ashland, Oregon 97520 CITY OF FRI 641-488-6305 Fax- 541-552-2050 www,ashland.or.us TTY: 1-800-735-2900 -ASHLAND [si , Lai a no Nil a 3 1 MEN �. 1:1 W-11, ki I I I I ki ICy-ITO 111M SUBJECT PROPERTY: Kestrel Parkway Subdivision, Area #3 (see map) OWN ER/APPLI CANT: Jacob Robert Ayala/KDA Homes, LLC DESCRIPTION: A request for Final Plan subdivision approval for the "Kestrel Park Cottages", a 16-IoUl 5-unit subdivision of Area 3, one of the areas reserved for future development in the recently approved Kestrel Park Subdivision. The subdivision Outline Plan was approved by the Ashland Planning Commission as PA-T2-2019- 00016, and included a Site Review Permit approval, COMPREHENSIVE PLAN DESIGNATION/ZONING: North Mountain Single Family (NM-R-1,7.5) and North Mountain Multi -Family (NM-MF); ZONING: NM-R-1-7.5; and NM- MF; ASSESSOR'S MAP & TAX LOTS: 391 E 04AC 900, 391 E 04AD 8600, and 391 E 04DB 2000, I IM-11 Q 1111119 1 M VILM111"M I RVII MIM 2111YIN I a IMM101 th 10 R 1 The Ashiand Planning Division Staff has received a complete application for the property noted above. Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn Way, Ashland, Oregon 97520 prior to 4::30 p.m. on the deadline date shown above. Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application,. A notice ofdebsion is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staff's decision must be made in writing to the Ashland Planning Division withiin 12 days from the date of the mailing of final decision. (AMC 18.5.1.050.G) The ordinance criteria aipplicabde to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to tile issue precludes an action for damages, in circuit court. A copy of the application, all documents, and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost, if requested. Ail materials are available at the Ashland Planning Division, Community Development & Engineering Services Building, 51 Winburn Way, Ashland, Oregon 97520. if you have questions or comments concerning this request, please feel free to contact Derek Severson at 541-489-5305, OUmS\v appttAppDataLocaf4,Nfxcrosofl\NY'i ndc)i%,sG]NetCache\Coniteovt.OLitlookNYQJ80X6J\PA-T I -2020-00113.docx APPROVAL_ CRITERIA FOR FINAL_ 18.3.9.040.B.5 Final Plan approval shall be granted upon finding of substantial conformance with the Outline Plan. This substantial conformance provision is intended solely to facilitate the minor modifications from one planning step to another. Substantial conformance shall exist when comparison of the outline plan with the final plan meets all of the following criteria. a. The number of dwelling units vary no more than ten percent of those shown on the approved outline plan, but in no case shall the number of units exceed those permitted in the outline plan. b. The yard depths and distances between main buildings vary no more than ten percent of those shown on the approved outline plan, but in no case shall these distances be reduced below the minimum established within this Ordinance. c. The open spaces vary no more than ten percent of that provided on the outline plan. d. The building size does not exceed the building size shown on the outline plan by more than ten percent. o. The building elevations and exterior materials are in conformance with the purpose and intent of this ordinance and the approved outline plan. f, That the additional standards which resulted in the awarding of bonus points in the outline plan approval have been included in the final plan with substantial detail to ensure that the performance level committed to in the outline plan will be achieved. g, The development complies with the Street Standards, h. Nothing in this section shall limit reduction in the number of dwelling units or increased open space provided that, if this is done for one phase, the number of dwelling units shall not be transferred to another phase, nor the open space reduced below that permitted in the outline plan. NORTH MOUNTAIN NEIGHBORHOOD SECTION 18.3.5.030 Site Plan & Architectural Review Procedure C. Supplemental Approval Criteria. In addition to the criteria for approval required by other sections of this ordinance, applications within the NM district shall also meet all of the following criteria. 1. The application demonstrates conformity to the general design requirements of the North Mountain Neighborhood Plan, including density, transportation, building design, and building orientation. 2- The application complies with the specific design requirements as provided in the North Mountain Neighborhood Design Standards. C:1Users%trappN4 ppUataU.ocallAficrosoflPd'indowsliRctCache\Content.OutlooklYQJSO\5RPA-Tl-2020-00113.docx ��y\\10PI, z«..\���..y,�:�.� AFFIDAVIT OF MAILING STATE OF OREGON County of Jackson The undersigned being first duly sworn states that: 1, I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On May 22, 2020 1 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for the Planning Action #PA-T1-2020-0011, Kestrel Pkwy SubD, Area 3. Sig re of Employee C:%UserGWapptDesklop%Tenla!esWFIDAVITOFK LM Regan.dax512U2020 asy Veel - AdclreSS LaDels UO to avery.com/ templates t Bend along line to expose Pop -tip Edge' i Use Avery Template 5160 1 PA-T1-2020-00113 391 E04AD44018 AYALA PROPERTIES LLC 132 W MAIN ST 4202 MEDFORD, OR 97501 PA-T1-2020-00113 391 E04AD5300 BELENKY DANIEL NATHAN 512 FAIR OAKS AVE ASHLAND, OR 97520 PA-T1-2020-00113 391E04DA2400 BOWMAN LEE ELLSWORTH TRUSTEE 554 MOUNTAIN MEADOWS DR ASHLAND, OR 97520 PA-T1 -2020-00113 391 E04AD66002 PA-T1 -2020-00113 391 E04AD7400 BAINE WILLIAM TRUST ET AL BEE RICHARD J TRUSTEE ET AL 882 PLUM RIDGE DR 583 NANDINA ST ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2020-00113 391E04AC434 BIETZ DONALD CIFELISING N 924 KESTREL PKWY ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AC433 BROWN JOANAMAYNE 934 KESTREL PKWY ASHLAND, OR 97520 PA-T1-2020-00113 391E04AC438 PA-T1-2020-00113391E04AD5100 CALDWELL PATRICK K TRUSTEE ET CHEN YIHENG 914 KESTREL PKWY 922 PATTON LN ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2020-00113 391E04AC4500 COSTER GRANT JAYICOSTER LINDA 910 OAK ST ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AD5700 DEL RIO RENEE 639 MONTGOMERY ST SE ALBANY, OR 97321 PA-T1-2020-00113 391 E04AD6500 GILLANDERS ROSS J TRUSTEE ET 915 PLUM RIDGE DR ASHLAND, OR 97520 PA-T1-2020-00113 391E04AD6400 HANSEN DOUGLAS JISOOK-JA H 917 PLUM RIDGE DR ASHLAND, OR 97520 PA-T1-2020-00113 391E04AD5000 JOHNSON CARL ANDREW TRUSTEE E 46 16TH AVE SAN MATEO, CA 94402 PA-T1-2020-00113 391E04AD4800 CROWLEY NANCY C 902 PATTON LN ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AD6700 DEROUX DANIEL ET AL 909 PLUM RIDGE DR ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AD7700 GRIFFIN ROBERT B TRUSTEE ET A 823 PLUM RIDGE DR ASHLAND, OR 97520 PA-T1-2020-00113 391E04AC436 HASSELMAN LYNNE ET AL 916 STONERIDGE AVE ASHLAND, OR 97520 PA-T1-2020-00113 391E04AD6900 JONES DAVID S/BOWEN-JOKES KAT 2000 TAMARACK PL ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AC440 BOENITZ DAVID J TRUSTEE ET AL 903 STONERIDGE AVE ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AD5400 BROWN KATHLEEN G TRUSTEE ET A 25 SAN FELIPE WAY NOVATO, CA 94945 PA-T1-2020-00113 391 E04AC431 CLARK NANCY E 348 FAIR OAKS AVE ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AD5800 DAWSON RENEE N TRUSTEE ET AL 480 CARMEN RD TALENT, OR 97540 PA-T1-2020-00113 391 E04AD4500 GILL WILLIAM L TRUSTEE ET AL 911 PATTON LN ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AD6800 GUTIERREZ LYNDA GAYLE 907 PLUM RIDGE DR ASHLAND, OR 97520 PA-T1-2020-00113 391 E04DA2300 HAYES HAROLD E& DONNA L REV T 564 GREAT OAKS DR ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AD44000 JULIAN SQUARE CONDOMINIUM 663 A ST ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AD66006 PA-T1-2020-00113 391 E04DA1000 PA-T1-2020-00113 391 E04AD98000 JURICKOVICH GAYLE M TRUSTEE E KAPLAN RICHARD P TRUSTEE ET A KDA HOMES LLC 821 SATSUMA CT 802 PLUM RIDGE DR 604 FAIR OAKS CT ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 Easy Feel-AddressLabels o o avery.comtemplates Bend along he to expose Pop-up Edge' Use Avery Template 5160 I PA-T1-2020-00113 391 E04AD44031 KEIL CHARLES UKATHARINE 359 KEARNEY ST ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AD7900 LENTFER JACK W TRUST ET AL 539 MOUNTAIN MEADOWS DR ASHLAND, OR 97520 PA-T1-2020-00113 391E04DA2500 LUCAS WILLIAM E TRUSTEE ET AL 544 MOUNTAIN MEADOWS DR ASHLAND, OR 97520 PA-T1-2020-00113 391E04AD55003 KNAUERT DENNIS D TRUSTEE ETA 862 PLUM RIDGE DR ASHLAND, OR 97520 PA-T1-2020-00113 391E04AD4300 LITTLETON THERESE M TRUSTEE E 931 PATTON LN ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AC430 MANN DAMIAN 368 FAIR OAKS AVE ASHLAND, OR 97520 PA-T1-2020-00113391E04AD4900 PA-T1-2020-00113391E04DA1200 MEDINGER CONSTRUCTION COMPANY MILLER EDWARD R TRUSTEE PO BOX 702 161 BROWNS RD ASHLAND, OR 97520 WILLIAMS, OR 97544 PA-T1-2020-00113 391 E04AD5500 MITZEL STEVEN D/MICHELE A 532 FAIR OAKS AVE ASHLAND, OR 97520 PA-T1-2020-00113 391E04DA2600 MT MEADOWS OWNERS ASSOCIAT 950 GOLDEN ASPEN PL ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AC435 PARKVIEW PLAZA LLC 5NMAIN ST ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AD7600 POHL ROBERT L 843 PLUM RIDGE DR ASHLAND, OR 97520 PA-T1-2020-00113 391E04AD5200 REICH CHRISTOPHER BIANGELA L 3767 DEUTZ DR SPARKS, NV 89436 PA-T1-2020-00113 391 E04AD66000 MOUNTAIN MEADOWS PLUM RIDGE C PO BOX 1334 ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AD4400 NICHOLS RICHARD A TRUSTEE ET 921 PATTON LN ASHLAND, OR 97520 PA-T1-2020-00113 391E04AC429 PETSCH WOLFGANG HISHIRLEY ANN PO BOX 1028 ASHLAND, OR 97520 PA-T1-2020-00113 391E04AD4600 QUINN KELLY G TRUSTEE ET AL 905 PATTON LN ASHLAND, OR 97520 PA-T1-2020-00113 391E04AD7300 RUNKEL DAVID/DONNAN 893 PLUM RIDGE DR ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AD6100 LASH STEPHANIE 925 PLUM RIDGE DR ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AC4299 LOVESEE JOHNILIZZIE C CIO THOMAS G FOSTER III 147 NUTLEY ST ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AC441 MCGUIRE BRIAN REV LIV TRUST 906 STONERIDGE AVE ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AD7200 MITCHELL SAMUEL L TRUSTEE 8992 PLUM RIDGE DR ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AC437 MOZINGO GEORGE L AND DONNA E 360 STRAWBERRY LN ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AD8200 NOYCE RALPH H TRUST ET AL PO BOX 1475 CARMEL VALLEY, CA 93924 PA-T1-2020-00113 391 E04AC439 PLEICH GEORGE A AND COLETTE M 904 KESTREL PKWY ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AD6200 RALSTON DAVID 369 N LAUREL ST ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AC4700 SCHLIESMAN PAMELA 900 OAK ST ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AC4800 PA-T1-2020-00113 391 E04AD6300 PA-T1-2020-00113 391 E04AD8100 SHAW CATHERINE M ET AL SHUBAT VINCENT P TRUSTEE ET A SKLENSKY ALDEN F TRUSTEE ET A 886 OAK ST 919 PLUM RIDGE DR 549 MOUNTAIN MEADOWS DR ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 asy ee ress Lanels Uo to avery.com/ templates Bend along line to expose Pop-up Edge' r Use Avery Template 5160 1 PA-T1-2020-00113 391E04AC4200 SMITH CLEO M TRUSTEE FBO 960 OAK ST ASHLAND, OR 97520 PA-T1-2020-00113 391E04AD7500 SWANSON DONNA L TRUSTEE ET AL 863 PLUM RIDGE DR#401 ASHLAND, OR 97520 PA-T1-2020-00113 391 E04AD8300 TOWER ROBERT D TRUSTEE ET AL 812 PLUM RIDGE DR ASHLAND, OR 97520 PA-T1-2020-00113 MADARA DESIGN, INC. 2994 WELLS FARGO RD CENTRAL POINT, OR 97502 PA-T1-2020-00113 HUYCKE, O'CONNOR, JARVIS 823 ALDER CREEK DR. MEDFORD, OR 97504 PA-T1-2020-00113 391 E04DA2800 SPARTAN ASHLAND STELLA REAL E 66 WATER ST #200 ASHLAND, OR 97520 PA-T1-2020-00113 391 E04DA2700 TAYLOR TAMSIN C TRUSTEE ET AL 594 GREAT OAKS DR ASHLAND, OR 97520 PA-T1-2020-00113 391 E04DA1100 WYNN-OWEN LISBETH TRUSTEE ET 803 PLUM RIDGE DR ASHLAND, OR 97520 PA-T1-2020-00113 391E04AD5600 SPOONER RAYMOND MIPAMELA 780 VIVIAN DR LIVERMORE, CA 94550 PA-T1-2020-00113 391 E04AD6600 TAYLOR VIDA SUMNER TRUSTEE ET 913 PLUM RIDGE DR ASHLAND, OR 97520 PA-T1-2020-00113 LINDEMANN DESIGN PO BOX 386 ASHLAND, OR 9752E PA-T1-2020-00113 PA-T1-2020-00113 URBAN DEVELOPMENT SERVICES, LLC CEC ENGINEERING 604 FAIR OAKS CT 132 W. MAIN ST. ASHLAND, OR 97520 MEDFORD, OR 97501 Kestrel Paris Area 3 NOC 5/22/20 73 Frain: 2uaLrav i ion To: A_L1_lJL_LjLca,,; Uz±IAI_nnflJQ_n; tlaadILLiLh Subject: Fw: Kestrel Park Cottages - SUbmittall Date: Friday, April 03, 2020 12:'16M PM Attachments* .2.Q&Jmx, MSIMLROILEh Ue _IL2 Id imhozy tip PLZQ 2. 0 :9-IL =1 BY.10-Y1.5 1122SUP; M-92ILPIff Here's a land use application for the Final Plan approval for the Kestrel Park Cottages at Kestrel Parkway Subdivision's "Area 3". As Mark notes in his e-mail, the check is in the mail. Thanks & Have a great weekend, Derek Severson, Senior Planner City of Ashland, Department of Community Development 51 Winburn Way, Ashland, OR 97520 PH: (541) 552-2040 FAX: (541) 552-2050 TTY: 1-800-735-2900 E-MAIL. derek.severson@ashIancl.or.us This e-mail transmission is the official business of the City of Ashland, and is subject to Iffi Oregon's public records laws for disclosure and retention. If you've received this e-mail in error, please contact me at (541) 552-2040. Thank you. From: Mark Knox <knox@rnind.net> Sent: Friday, April 3, 2020 12:09 PM To: Derek Severson <dei-ek.s,evet-son@ashlaiid.or.us> Cc: 'Mark Knox' <knox@ mind.net> Subject: Kestrel Park Cottages -- Submittal [EXTERNAL SENDER] Dr. Mr. Severson, Please find attached the following application documents for the Kestrei Park Cottage development, Final Plan application: 1) Findings of Fact 2) Site Plan Received 4.3,21()20 8) Civil Drawings 4) Preliminary PUD 5) Landscaping Plan (NOTE: Condition 7.d.ii calls for revised plans relating to benches and additional street trees which are a part of the Kestre9 Park Area #1. and 42 civil drawings. Such plans are to be delivered separately from this e-mail). 6) Conditions, Covenants and Restrictions & Bylaws (draft) in addition, the signed application and a check for the application's fee was mailed today to your offices. If you heave any additional questions or need additional plan information, please do not hesitate to contact me at 541-821-752 or via this e-mail. Sincerely, Mark Knox, KDA Homes, LLC � ) Virus -free. voNw avast cost Receu ed 3,202C) '0 1 GES AR51WEL PARK (A. 77. A rc�a 3 SUBMITTED TO CITY OF ASHLAND FOR KDA HOMES 604 F AIR OAKS COURT ASHLAND, OR 97520 Nord) Aloujitain Zoningillap AI RIL 3 R", 202 �Rece�ved 4,3.2020 I. PROJECT INFORMATION: PROJECT NAME: "Kestrel Park Cottages" LEGAL DESCRIPTION: Area 3,Kestrel Park Subdivision (bending recording) APPLICANT: DESIGNER: LANDSCAPE DESIGN: KDA Hornes, LLC Lindemann Design Madara Design, Inc. 604 Fair Oaks Court PO Box 386 2994 Wells Fargo Road Ashland, OR 97520 Ashland, OR 97520 Central Point, OR 97502 LAND USE PLANNING: ENGINEER: ATTORNEY OF RECORD: Urban Development Services, LLC CEC Engineering Huyeke, O'Connor,,larvis 604 Fair Oaks Court 132 W. Main Street 823 Alder Creek Drive Ashland, OR 97520 Medford, Oregon 97501 Medford, OR 9�7504 PROJECT ZONING: As illustrated in the inserted Zoning Map (above), the property is zoned North Mountain NM-MF (MU Iti-farn ily) . The subject property is currently being divided as pail of the Kestrel Park Subdivision and is referenced as Area 3 on those plans. Final recording is pending subdivision improvements, including infrastructure, streets and park land dedication. The proposal is regulated by the AMC, Chapters 18.3.5 (North Mountain Neighborhood District) 18.3.9 (Performance Standards Option). AA '14 ------------- WAYR 2 � Pa g e FR,ece�hied 4.3,2020 PROJECT PROPOSAL: The applicants are requesting a Final Plan approval, under the Performance Standards Option, for a 16 lot, 15-unit housing subdivision. The subdivision's Outline Plan was approved by the Ashland Planning Commission on March 10"', 2018 (PA-2020-00016) and included a Site Review Permit approval. SUBDIVISION DATA: As approved with the Kestrel Park Subdivision — PA-2018-00005: Density & Open Space NM Zone NM- G NM-R-1-7.5 NM-MF Acres Divelling Units Per Acre 5,99 ac - 2.76 ac 3.6 4.74 ac 12 75% to 110% Base Density Requirement Approved Density ((Phase I — Areas I & 2)) - - 7.42-11.02 I 1 42.66 — 68.25* 4 Proposed Density ((Phase I —Area 3)) - 1-5 Proposed Density ((Phase 11 — Areas 4 - 7 23.66 — 48,25* * Final density and open spaces within NM-MF areas are to be determined at the tune of each remainder Area's Site Review Permit, but as noted, the 111irlinlUm density combined WOLIld be 23.66 (24) dwelling units. PROJECT DATA: 1. 11 acres + .22 acres dedicated rights -of -way = 1.41 acres 1.41 acres x 12 du/acre = 16.92 units x 110% — 18,61 units ((] 5 units proposed)) *Remaining density in NM-MF Kestrel Park Subdivision = (4 Area 42, -15 Area #3) = 23.66 — 48.25 dwelling Units based on AMC 18.3.5.040 F. requiring 75% to 110% of base density to be met. PROJECT HISTORY: Beginning in 1995, the City of Ashland held a number of neighborhood meetings, including a design charrette, between property owners and neighbors of the North MOL111tain area which included City staff and Professional Land Use Consultants. The effort eventually culminated in a master plan called the North Mountain Neighborhood Plan which was adopted in 1997 (Ord 42800) and included amendments to the City's Comprehensive Plan, Zoning Map, Land Use Code and Site Design and Use Standards to guide the eventual development. The expected build-OLIt period at that time was estimated at 20 years. In 2004, a large portion of the North MOLIntain Neighborhood was approved for an 81 -lot subdivision by a Development Company called Camelot Homes who developed a majority of the subdivision's road and a few homes, but later sold the property due to the poor economy, The remaining areas of the North Mountain Neighborhood are either pending eventual development or were developed between 2005-2017 by other property owners, including the Julian Square Mixed -Use Development, Great Oaks Subdivision, Plumb Ridge Subdivision, Mountain Meadows Retirement Center and the newly constructed three-story condominium building on the corner of Plum Ridge Court and Fair Oaks Avenue. 3 1 P a g e [° ,eceh/ed 4.3-2020 In 2018, the Planning Commission approved ari Outline Plan proposal for a 15-unit, 17-lot subdivision for .Areas I and 2 of the Kestrel Park. Subdivision, including a remainder parcel which included identified future phasing areas #3 - V. The Final Plan was approved in December of 2019.and construction infrastructure has begun at the time of writing. PROPERTY DESCRIPTION: Area #3 is of the Kestrel Park Subdivision? is 1.11 acres. The property is vacant and relatively flat, but for the northeast corner of the pat -eel where it is steeply sloped. There are no other natural features in this particular area. PROJECT PROPOSAL: Subdivision: The applicants are proposing to develop Area f#3 of the Kestrel Park Subdivision as a 16-lot, 1 S-unit cottage housing type of subdivision, similar to the recently adopted Cottage Housing Ordinance. The units will be on their own individual tax lots and include a common lot which will include open space, sidewalks, parking, trash storage area, etc. Utili"tier.• Public utilities with capacity to service the proposal are being installed at the time of this writing and designed to accommodate the service needs of the proposed project. Meetings have occurred with the various service providers and there's not been any indication the utilities planned to service the cottages will not be adequate. At the time of the projiect's final engineering, exact infrastructure details specifically relating to the cottages and connections to service lines will be provided for review and approval from the various City departments and utility providers. • Electric: Electric service is available from Nandina Street or Nest Box Way, All new services will be underground. Civil Engineering drawings will be provided at the time of the Final Plan application. 41Pagc - Sanitary Sewer: The property is to be served by a 8" sanitary sewer main in both Nandina as well as the planned alley, - Water: The property is served by an 8" water main in Nandina Street. 0 Storm Drainage: The property is to be served by storm water lines in both the alley and Nandina Street. Storm water is to be collected into the subdivision's storm water detention pond located within the dedicated open space area directly west of Kestrel Park. The detention facility provides an oil -site facility capable of accommodating a 25 year storm event in accordance with the Rogue Valley Storm Water Quality Design Manual. Time Schedide of the DqyL/o pment. The project's infraStrUCtUre installation is currently under -%vay and COnStrUCti011 for this particular phase is to commence immediately thereafter, 111. PROJECT FINI)INGS OF FACT: The followingfindings qffact have been provided to ensure the proposed project meets the requirements and procedures outlined in the Ashland Municipal Code (AMC) pertaining to the Performance Standards, Options Subdivision requirements in Chapter 183.9, In addition, the planning Commission's Conditions of Approval from the Outline Plan (PA-2020-00016) have been included in the same format to ensure compliance. For~ clarit)� reasons, thefiolloiiing documentation has beers jbi-matted in "outline" form itilh the Cifys qj)proval criteria noted in BOLD feat awl the call )1icants response in regular faint. Also, there are a number oj'req)onses that are repeated in order to ensure lhal the findings offact are coml-*1e. AMC 18.3.9.040 B.S. Final_ Plait_ Approval Criteria 5. Approval Criteria for Final Plait. Final Plait approval shall be granted upon finding of substantial coil fornia. nce with the Outline Plait. This substantial conformance provision is intended solely to facilitate the minor modifications from one planning step to another. Substantial conformance sliall exist when comparison of the outline plait with the final plait meets all of the following criteria: a. The number of dwelling units vary no more than ten percent of those shown oil the approved outline plait, but in no case shall the number of units exceed those permitted in the outline plait. The number of dwelling units remain the same as originally proposed with the OLICH11C Plan, b. The yard depths and distances between main buildings vary no more than ten percent of those shown an the approved outline plait, but in no case shall these distances be reduced below the inininium established within this Ordinance. 5 113 a g e FRec6veid 4.3.20,20, The yard depths, and distances between buildings has not changed from the Outline Plan. Standard setbacks as permitted within the North Mountain Neighborhood District and the City's Solar Access standards, based on the Outline Plan approval, will be the development's regulated setbacks. c. The open spaces vary no more than ten percent of that provided on the outline plan. The open spaces have not significantly changed from the Outline Plan to the Final Plan and in no case greater than 10%. d. The building size does not exceed the building size shown on the outline plan by inore, than ten percent. No building sizes have changed since the Outline Plan's adoption and the proposed Final Plan. e. The building elevations and exterior materials are in conformance with the purpose and intent of this ordinance and the approved outline plan. All exterior materials will be very similar to the existing materials found in the adjacent neighborhood. All building elevations and material choices will be in conformance With the purpose and intent of the Performance Standards Option Ordinance and the applicant's Outline Plan Findings of Fact, L That the additional standards which resulted in the awarding of bonus points in the outline plan approval have been included in the final plan with substantial detail to ensure that the performance level committed to in the outline plan will be achieved. No density bonus points are being requested. g., The development complies with the Street Standards. All streets have been designed under the direction of tile City's Street Standards as well as the North Mountain Plan's Street Standards. Multiple discussions with the City of Ashland's Fire Department and Engineering staff have also occurred to niake sure safe and orderly turning niovernents are provided. In. Nothing in this section shall limit reduction in the number of dwelling units or increased open space provided that, if this is done for one phase, the number of dwelling units, shall not be transferred to another phase, nor the open space reduced below that permitted in the outline plan. The proposed plan has not been changed, other than minor adjustments as part of the Outline Plan's conditions of approval. No density is being transferred from any of the planned phases. Response to Outline Plan Conditions — PA-2020-00016 1. That all proposals of the applicant shall be conditions of approval unless otherwise modified herein. To the best of the applicant's knowledge, all proposals by the applicants as described herein or within the Outline Plan submittal, will or have been included within the attached submittals and will be installed accordingly. 6 1 P a g c Rec6ved 4,3,2,020 2. That any new addresses shall be assigned by City of Ashland Engineering Department. Street and subdivision names shall be subject to City of Ashland Engineering Department review for compliance with applicable naming policies. Prior to Final Plat approval, new addresses and the subdivision narne will be assigned by City of Ashland Engineering Department. The project's Surveyor has completed preliminary work to inquire with not only the City of Ashland, but also various emergency responders in the Rogue Valley and has not encountered any objections to street names, 3. That permits shall be: obtained from the Ashland Public Works Department prior to any work in the public right of way, including but not limited to permits for new driveway approaches or ally necessary encroachments. All work within the public right-of-way will be completed under permit from the City of Ashland. 4. That a Fire Prevention and Control Plait addressing the General Fuel Modification Area requirements in AMC 18.3.10.100.A.2 of the Ashland Land Use Ordinance shall be provided prior to bringing combustible materials onto the property, and any new landscaping proposed shall comply with these standards and shall not include plants listed on the Prohibited Flammable Plant List per Resolution 2018-028. A Fire Prevention and Control Plan is part of the applicant's Landscape Plan (Sheet L-101), The plan addresses the General Fuel Modification Area requirements in AMC 18.3.10.100,A.2 of the Ashland Land Use Ordinance and specifically calls for vinyl fencing and no combustible material (i.e. no bark or wood mulch within 5' of any structure). All plantings have been chosen for this particular region and verified to not include plans listed on the Prohibited Flarninable Plant List per Resolution 2018-028. 5. That the tree protection fencing all(] other tree preservation measures and silt fencing to protect water resource protection zones shall be maintained according to the approved Kestrel Park Subdivision plaits as long as there is work out site in proximity to these protection zones. There are no trees on the subject property. however, there are a number of trees within Areas #I and #2 of the Subdivision that are near the subject Area #3 parcel. Those trees have been protected as part of that subdivision's adopted Tree Protection Plans. 6. The conceptual plans for Areas H4-7 are not approved here and have been provided for illustrative purposes, only. Development of Areas #4-7 shall require all applicable Outline Plait, Final Plait and Site Design Review approvals. The ultimate development proposals for Areas #4-7 shall demonstrate how they are consistent with the inininluin density standards of the district for the subdivision as, a whole as illustrated in the "Density & Open Space" table. The applicants are aware of this condition. The applicants are not actively pursuing development plans, for these remaining stages at this time. 7. That the Final Plait submittal shall include: a. Identification of all easements including but not limited public and private utilities, drainage, irrigation, public and private pedestrian access shall be indicated oil the Final Plait submittal for review by the Planning, Engineering, Building and Fire Departments. 7 1 P a g c [Received 43 2020 The final plan identifies all casements including but not limited public and private utilities. b. Final civil engineering plans including but not limited to the 'water, sewer, stnrin drainage, electric and driveway improvements shall be submitted for the review and approval of the Planning, Building, Electric, and Public "Works/Engineering Departments. The utility plan shall include the location of connections to all public facilities in and adjacent to the development, including the locations of water lines and meter sizes, fire hydrants, sewer mains and services, manholes and clean -outs, stornn drainage pipes and catch basins, and locations of all primary and secondary electric services including line locations, transformers (to scale), cabinets, meters and all other necessary equipment. Transformers, cabinets and vaults shall be located in areas least visible from streets, while considering the access needs of the Electric Department. Any required private or public utility easements shall be delineated on the civil plans. Inncluded herein are copies of the project's Civil Engineering plans and details, which include information relating to all of the utilities referenced herein. All engineering details to date have been completed with direction from the C;ity's various utility departments and/or service providers. c. A storm drainage plan detailing the location and final engineering for all storm drainage improvements associated with the project shall be submitted for review and approval by the Departments of Public Works, Planning and Building Divisions. The storm drainage plan shall demonstrate that post -development pear flows are less than or equal to the pre -development pear flow for the site as a whole, and that storm water quality mitigation has been addressed through the final design. A storm drainage plan has been included with the civil sheets, specifically Shects B.1. Peak development flows are being; directed to the storms water detention basin located in the open space area of ,area #I which was designed to accommodate storm water surges for the entire subdivision, Areas 41 - V. d. Final engineered construction drawings for Nandina Street, Nest Box 'Way and the proposed alley shall be submitted for review and approval of the Ashland Planning and Engineering Divisions with the Final Plan application, prior to work in the street right-of-way or installation of improvements in the pedestrian corridor. Final engineered construction drawings for Nandina Street, Nest Box Way and the proposed alley have been submitted for review and approval of the Ashland Planning and Engineering Divisions with the Kestrel Park, Arenas #1 and #2 submittals. Improvements to these streets and alleys are currently Wander Connstruction. i. For all sections of Patton, Nandina and Stoneridge where sidewalk improvements are shown outside the right-of-way, public pedestrian access easements or additional right-of-way be provided to accommodate standard sidewalk widths prior- to signature of the final survey plat. 'The applicants are aware of this condition and will verify compliance at the time of the I" inal Survey Plat being recorded. At the present time, the applicants are not aware of sidewalk improvements being outside of the proposed rights -of -way. ii. That for the one-way couplet of Nandina encircling 'Wetland 42, large stature, irrigated street trees shall be provided at a standard one-per-30 feet spacing behind the sidewalk at the outside edges of both legs of the couplet. In addition, the revised civil plans shall include three areas 8 1 P a g e l#eceNed 4.3 2020 provided with a bench, tree and/or educational display or similar to provide opportunities for passive engagement with the wetland and greenway and/or small areas of pedestrian respite to off -set the previously identified civic space. The applicants are aware of this condition and will complete the improvements as described prior to signature Of the final plat. The details of the bench locations are noted on the landscaping plans, Sheets Ll 01 -LI 03. iii. "Half -Street" improvements for Nest Box Way (formerly pare Way) shall include a minimum 2-foot paved width to accommodate fire apparatus access, and a one -foot reserve strip (i.e. `street plug") shall be dedicated to the city on the south side of Tare Way improvements on the final survey plat. The Civil Plans for the initial stibdivision, Areas 111 and 92 include illustrations identifying Nest Box Way as having a 22' paved width in order to accorni-nodate fire apparatus equipment. In addition, a one - foot street plug is identified on the proposed plat. iv. Alley cross -sections shall comply with the adopted NMNP alley standards, and shall include the full four -foot width shoulders required in the standard. Right-of-way necessary to accommodate city standard street improvements for the proposed street system shall be dedicated to the city on the final survey plat. The alley width shall be adjusted to address the North Mountain Neighborhood Plan's street standards which call for a 12-foot paved alley surface with four -foot shoulders within a 20-foot right-of-way. All public improvements including but not limited to the paving, curbs, gutters, sidewalk,, street trees in irrigated park row planting strips and street lighting shall be installed to City of Ashland standards under permit from the Public Works Department and in accordance with the approved plan prior to signature of the final survey plat. The snbrnitted drawings included with the Area #1 and Area #2 Civil Drawings, Sheet A,2, and the preliminary PUD plat illustrate a 12' paved with and a 2' paralleling casement on either side of the alley providing 4' shoulders on each side of the alley. e. Final grading and erosion control plans. L CC&Rs for the Homeowner's Association for review and approval of the Staff Advisor. The CC&R's shall describe responsibility for the maintenance of all common use -improvements including landscaping, storm water facilities, and street trees and their planting strips. A copy of the drafl CC&Rs have been included with the Final Plan submittals. The CC&Rs describe or reference the responsibility for the maintenance of all cornI11011 Use-irnprovernents including wetlands, landscaping, storm water facilities, plant strips and street trees. g. A fencing plan which demonstrates that all fencing shall be consistent with the provisions of the "Fences and Walls" requirements in AMC 18.4.4.060 and that no fencing exceeding three feet in height shall be allowed in front yard areas. Fencing limitations shall be noted in the subdivision CC&R's. The location and height of fencing shall be identified at the time of building permit submittals, and fence permits shall be obtained prior to installation. 9 1 P age Received 43,2020 Included herein is a l"ence Plan (narrative description only) meeting the requirements in AMC 18.4A.060 as well as this particular condition. The fence plan requires the same dimensional standards as the existing subdivision to the east. Further, the submitted CC&Rs include fencing limitation language as noted herein. All building permits will include fencing details, including those that relate to the recently adopted Fire Prevention standards noted in AMC 18.3. 1 Q1. 100. h. Final site lighting details. No common area lighting is proposed. i. Final lot coverage calculations demonstrating how lot coverage is to comply with the applicable coverage allowances of the respective zoning districts. Lot coverage includes all building footprints, driveways, parking areas and other circulation areas, and any other areas other than natural landscaping. The attached site plan illustrates a total of 49.9% of the site is covered in impervious surface areas where as the NM-MF zoning allows up to 75%. j. A final size- and species -specific landscape planting which details at least eight percent of the site (3,882 square feet) within the central coninion open space to be treated with landscape materials suitable for recreational use. The attached site plan and landscaping plans identifies that 8%, of the site (3,882 Square feet) is to be outdoor recreational space. The plans show 3,056 square feet in common area (central open space) and 825 square feet in private area (porches), excluding the walking path to the front doors. k. That the requirements of the Ashland Fire department relating to fire hydrant distance; fire flow; fire apparatus access, approach, turn -around, and work area; firefighter access pathway; approved addressing; and limits on fencing and gates which would impair access shall be satisfactorily addressed in the Final Plan submittals. Fire department requirements shall be included in the civil drawings. As noted previously, the draft utility plans have been previously Submitted and reviewed by various departments and City staff, specifically the Fire Department, To the best of tile applicant's knowledge, all requirements of the Fire Department have or will be complied with. 8. Prior to submittal of the Area 3/Kestrel Park Cottages final subdivision survey plat for review and signature: a. The final survey plat shall be submitted within 12 months and approved by the City of Ashland within 18 months of the Final Plait approval. The applicants are aware of this timeline and intend to record the plat within the next 18 months, if not sooncj% 1). All eascinents including but not limited to public and private utilities, drainage, irrigation, public and private pedestrian access shall be indicate([ on the final survey plat as required by the Ashland EIngincering Division. The final plan identifies all casements including but not limited public and private utilities. 10 �I P age fRec&ved 43,2020 c. That the subdivision name and all street names shall be approved by tile: City of Ashland Engineering Division. Prior to Final Plat approval, new addresses and the subdivision name will be assigned by City of Ashland Engineering Departimnt. The project's Surveyor has completed preliminary work to inquire With not Only the City of Ashland, but also various emergency responders in the Rogue Valley and has not encountered any objections to street narnes. d. Subdivision infrastructure improvements including but not limited to utility installations, street and alley installation shall be completed according to approved plans prior to signature of the final sill -Vey Plat. Prior to signature of the final survey plat, the subdivision's infrastructure improvements including but not limited to Utility installations, street and alley improvements will be completed according to the adopted Civil and Survey plans. Street trees along the front of Nandina Street will be completed prior to issuance of a Certificate of Occupancy Permit. for Lot 9 16 and Lot 1130, respectively. e. Electric services shall be installed underground to serve all lots within Area 3, inspected and approved. Tile electric service plan shall be reviewed and approved by the Ashland Electric, Building, Planning and Engineering Divisions prior to installation. At the discretion of the Staff Advisor, a bond may be posted for the fill] amount of underground service installation (144th necessaq permits and connection fees paid) as an alternative to installation of service prior to signature of the final survey plat. In either case, the electric service plan shall be reviewed an(] approved by the Ashland Electric Department and Ashland Engineering Division prior to installation. All electric services will be installed underground to serve all lots within the applicable phases of the subdivision, inspected and approved by the appropriate department. 'file electric service plan will be developed in concert with City staff, reviewed and approved by the Ashland Electric, Building, Planning and Engineering Divisions prior to installation. f. That the sanitary sewer laterals and water services including connection with meters at the street shall be installed to serve all lots within Area 3, inspected and approved. All sanitary sewer laterals and water services including connection with meters at the street serving Area 3 will be inspected and approved. g. That the properties within the project sign in favor and agree to participate in a local improvement district (IAD) for future construction of the Nevada Street bridge across Bear Creek. The agreement shall be prepared by the City of Ashland and signed by the property owner prior to signature of the final survey Plat. Nothing in this condition is intended, to prohibit all 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. That prior to signatures of the Final Plat, the property owner will sign in favor and agree to participate in a local improvement district (LID) for future construction of the Nevada Street bridge across Bear Creek. 11 1page Received 4,3.2020 i 0� o �, c� 11W.ba1 lobe cxqual to �� ill' al;ove grade �oq�z�r sresr�ea�rua>r .sww pl AY,G1E 1 pace. �_ :r` 2pa free _ Clvntdr a egr-J 5�.'a b slat Ck+Fal2c"d�Te`a4VY Dq tee2 r,Rxs ure=ied DECIDUOtISTREE PLANMG QUAIL Tsui Crass Areas of VrFPianted Spaoe P q-p y Lett Open la Ma.,Y nan_ohcress NOTE: IF THIS SHEET IS LESS THAN 24" x 36" IT HAS BEEN REDUCED AND IS NOT TO SCALE. PLANT LIST GENERAL CONSTRUCTION NOTES Tr+s sto is to 4a des'gnalCd as a po'5naor Mri dy k lencw of irrpmr,rg end erhxtn rgW.w!or hob laL WIthIfat as a fetus thefeMl be ire srid adherence to ag3rlray based mateda5 as apart of the landscape e6ta7a',on and nafrcewu . U"; sv 8w-a wit Lea strictanHarce of nonargaria pest or b'oogral panl corWs durrrg constnxton v subse" rna'rr:aww.v V ouglwt tiN aye of the pro,'ecL E19ef to CCBR's. OCORIMIATION 5h7N1 THE FXCAVATWIG CON TRACTOR, GF,%ERAL CaWRACTOR AND CIVIL PLAf151S f MPERATIVE- 1. ME OBSERVATk%J VISITS A The Landsapo AJetiteM shay be mLrtd ify the Landscape Co ntrauol 4B hours in ad-oaofal ue ohsma'on vrsls req*W byisdo nta reques'ed by the to esc Cow aClor. B. the Landscape CoMta:w shag bo pfeserd at oath site obrava°on wMil. C. At rrork that is to be v,ened by the Lards�WArctrlect shay be read} and in Pace. Tto EardscapeArch 'tca-I has the rd l to hale charges made to any or a9 of the mr& D. S::e obs ve5on vas"tsbj the LandscapeArchtttt are required ia: 1. Precorstruct w sae me m 2 Sub prang 3. preKrtonary ireq.!ion Iarrxd, bench %alto , P.OG and rant Sires. 5. Rrn sh gradrg and so7 prepaa_on S. P:acemcnl of Ward nm:erias prsr to p'anbng 7.F-nd insWson olr &A 8 Periods rervn of completed job cluring ma'n!vnance period 9- FEW rhecfsst E Lard -cape Arch'! t may wa ,l aM reponl on any W nvrk Wig pedomr2d as part of arty Vsl, F. Addtvrtal s!a nbscrva!on vsLs rtwy ix regUrcd b} li^e LaMxapo Arciri!cct at any tsne. II more than one ste observa5w vest is nequrred for a parbWw portion of wont because of encesvre defcerkes (as deterrnined bf LaMsnapeArctzI!W ), Pe ard Ls�e Cornets shal be cha•ged [or add aerral obsmratans ir"nq during the mante r,oe period. 2. C-wal prepa2:on of sae to izroYria: A Rwnw+al of lop layer of nasie ve3etetve mate Ws tstl nontadrig sot and d<poso of o9 s e. B. E'Pms al, from sire, of al er;,V.ig suiaoe rock in p'anfrg beds. 3. Al shrub bc-0s to be F rsh fated lea Srrgotfnnondtorr prior to-ei h:rg. 4. CerGfed organic carport mrEch to be fo`ac� in al stirub bads to a depth of 3' 5. Fl.m is dagmnrrrer:c and measurenens shouldbewarmed orrsi:e. Atry charges are Sae restoonsWAy of Sae wrdractorto w 'ofnsle nc33 the onners repe ta"VL 6. TuTf Grass to be lrrdno seeded 3aa} rya grass a'erd. lf droned as rocommor&k b3 vmrrAamf &-Sdrg any narwrganc agents of add:i.s. 7. Al incrior ICtacrg tote"an plexx'�bed wr,d5ors as noted in Fire Pre Con and IoWa maeinnn of 3.5'Iafi. A9 fencvig Gong pedmsler of pwcci to f0?d,Y he'ghls as pre5wbod by City a As and Lard LJm codas. 8. I xXWE3S5 DAYS 0",rAR,ffEPAKE from the day d acceple . Ind Amq but not irn'lvd to: A flanta'!n tad aM p1w-kq area in a heathy, xl M frro cord -:on thrmq%a Irimmurn of neekfy r,sts. 11L-•ed word strieSy by micMr'cal means. NO Mi-IDRGANC CC.YTRCLS OFANY SORT. B Repaw any material shan'ng spas of stress. C. Moor turf as seasorea-y ne•-decl to iemvrnerKW hp9t4- D. tMr:'Jx in-99on for correct tmng. E Pmvde arven n3h at the end of lfs rren!erlarlce pined. PLANTING 1. Pan[ nvlerial So be ppvrtlexl in axo:danm n;ttr �cc'os, sizes and quantfes lydca:ed. 9vbsbyufi lobo made %%th the approval of lanbcepe ar Mect. 2 th p'an5rg [o proved nett krigaym srs:em is hi.'y fsmnForing in the area N t graded. 3.Aiplanthotstobedug211r the1n'IAnleof Lheirootbalvze. Bacid3shalwrs'slof V3 certTed oig�c m%J N 2}3 top soli, m wnt6me supW.e t and 161616 ceftfQd a-ganc fero='zer as lo!'w.s to I- 3-5ga 2oz larger 404 4. Pant uprgM and lace to gee best appeararK,e or reU!'a s p to plans. sWctures and pedorcir�nt v:untng anje. Trees ara to be p'arcetl sc as to be svaght tqs and darn n9J,ou[the assVrani�of s'atfng Stakkgissoref for supped ag%nsl ornrsde farr.Es. 6. Loosen and ze-e tvene Urdng and bJdap from around lop of each awl wo. Scarily roa W.'s cf plans exhbTrg a roof bet,d wrdfoR berg careful not to damage the root bass ir4eg iy, $note and gry trees immedaej. a'fer des Work 6. Pace and ca next Lradxf l so ridure ca:eUf to avoid f nin to roots, and fl a1 w.;ds. 7. Y.1w We is 2,3 Pled n'.th sal comfo &y M aM slow via!" to soa%fr ay at bast Inv Imes of more, as novas -coy to wrrpMekp eater ndiMvay &ft 8. Guarantee gland materVs. and hated nuivar�pof irs!aiaton, tagknring aYvr vntten an:eptence of nark, for one year. A Replace plant rta:e6ai rat semfYk,g a in Fw•' wnd!mn drahg tjf rantee perrod- El. Perfama9 repawrtrntworh in aaoNartce arih original sped`ca:ors at no add°ono cost to amen. C. Dan,ary or lossaf plant mavrra§duo tavarrda`vt5 free�rg sods of negai Ly others, is exempt Irom ConJacto4s rep'acenlen[ xespons'b'y. O a 6,-f Convrxr h'a.� pvar ] IIl- 9ie Taos Cherry• Iota 6urgnnd7 Frosts senua:a'fbyal t3cr9.^df 2' LY,iese Padre P� 'a [h'R.tTds 2' Crape ih de, DJr !n (Trey For,) LJrp,V'lcerrfa Vdca ashy if 15g Iikr,bcc,TtE ,pear cwry tcvm 2' L`aye, Pager nark ! p z-- 2' l.'ap'e. VM A-ri••crwrm 4-5 Dort Peest Geoff Qrmsta'rvdo'$dvrlc7 2' S'a-Tnee, h,- 0.tiz%ayfDraskt 15g Shr I)S AbeSa Ka%edoswpa AhN'a'Kare'-pe 29 k! . Milk AS:f 'PaY:da na'ati 29 Boxfmd,C neatf Bruns senT.rm`*pns'Grm N& t/ 29 IXgrmcd, Ker»h Cemrs sera+a'ICe'ser9 29 c.ad�raClvdcHates G,idC*rajasnirvsd_3,Ct,xlrtTafea 29 Ika!trey1DwTl Eri-a prtwaY'c+x'Dafers's'S1h'9u ig H11J,. g Lilacs, 0, hulf tlrm a'As:arr L1+uY 59 tarn'er,D:e Pnrxcstpw-.+urf.fO_VLrryfr:rf 29 Fri h Phis,lr'e F3eazh Pkrsjaperfca tit'a limit 2g f� Ch"omCes fihododa+d'tw'CKorRsas' 59 ♦ dnr4 P.R..1 Iacdod• race P.11f 5g Sage,aw, R tycoon PxasTia aST.',i'pa 29 G cco-I masses ■ 3 Ba is Fycd9,sara fL,rirci=a Gigida Ye 's ts!'e Surf Ig Gl ; FcuEan, Lit'. Benny RrrisP.rrn aL o+,rd_�s'li�'3 Bard ig Gass, 14an31 D-1 Pxrrs-atpc3vrc:ds}U-W Ig -g lorn➢ Y,%Frri+,ad Coo iv.aaasi'Em-ld Ca-pC ig >� 42 Cof C-- I5va ti .rtr3 serrpcn'rnrs ig ®__._ 12 Ye- C-o' God Mh''vrCcrus:m GoU Ig GRADING I. Before In t b'Girg Excava!e 4 test Was on sae b dHerW m cpety of na7z I wl for possbte use in p'anrng beds Mughaft the ste. Rwaw.e lop 4' layer of rmWe vegetaiw and dspos: of esae. Excara:o 10 ad_pri recptrM b} sle s A as spedfed in Civil Dra.r:ngS. Tost sol by cMfed rvWhocls w d--' m ne qw: tvs. Ova A nith Landscape Arch'ad af:or tes' ng as to resu's and dV..erm-tun d v;Wty of use w sle. IF so;I is awetA.&e harvest requred an nt, as dttarnnod horn dran'n%prai:ded and as nloscnbed in k2 be%rv, and s ore w.wed "ee fvr use in Rant n9 and tud areas. It unaaxprab.s plan to r� and use imported appw d lap wl_ 2 Aal ppant to be ax(aated 10 a �h e of IE' As da:Wned Iry 1wrowdnU concrete nd hands 3. Fr.] yan(ers Wth ether reserved sol or approved lop sot rrom irWed source. Loose top '1 t rat of 25r/ That i I Its n.1 r - 24't so7 rot wrrpa7 a s a s 8 of �tP� equ re o Ioose paced top sot. Fi3 wdh sufEdsrrl ma:erd to adf e: a final grade as a;:ggx! ate to the space be'ng adi .sed Place 17 of r and mecharkaty corr}kv.Y with ara?ab.e eq,lprront Mora paong feat I Zr 4. PlaMcy spaces to begn vvb frd grade 3- bekrn sunoundrg hardscepe and moundup to 3' ab-e I. the rnxide of pIwn bens. 5. Pacemvrd of anf sot to be done in caordnafon nah ttkable mvather cad!on so as to p[e'rill damage to sail 51nXi`Jfe. 6 Once sub9.ode is estaLsshed t`e Lands ape Contactor£3 to add saa}ae-fed erg r. -post at a rate of 3 cu yds M LOUD sq it and then rip to bend with top son to a depth of B'. r. SEE CIVk&%&''WERS DRAWINGS FOR ADDIFONAL GRADES 8. Final grade to care;=t of a srcoold even grade, no vrcldaton greater than plus a 16e 1' x:7t'n an! lD I'neal feet of d5&moe. 9- Al rni5b WcEN to FvWe j D, tiCw dra7r" array from struchres and to be done h sudl array as to eLnunato pWT-N or oc :.c :ton cIwater. I0Aards, aN cwjaa er nsponu4b, fa addr s iq any dra'nago problems oxamtefod dvdrg fie course of cvnslru vrt nth Qnn:ena ReveserWve, FIRE PREVENTION & CONTROL PLAN NOTES i. 1}e 5`lnnE Pa:cpl ro!ed on this sheet is wrcidrred wremd as CxrRral Fuel I,1al`va['on Alva arrJ s k4end.'d m fo'Ux Astiand iDC Subse.-Can 16.3.£o.too.B 2. Al starring doad and arM wgelaton shall N re�r?d from the progeny and cfwo ovr wP yr a!a!f ai the Eme M k'XW Ore ds+e'apmer4-Orre done there nil be no naL v ex,strg ma:enfs rera'nng 3. Al rx v pwC%s, UxWng trees, shrubs and growl mver thnocghxn Its ste We delvd or any plant rna!priat5 I"W.W on the Proht',W Flarm Ve Pant list 4. Trere are no F-ed SrJrrLt-, irn'udrg loir&q, that are wrsidered to be of fa.-iV..e mawal,:Wn S of any panned boldng. Any site fencing vRl be of vkrut wnstnrctvrz IRRIGATION DETAILS 1. An au:oma[o lrrlgal:on syslam to be pevrded for al part materials aeas in accordarrcenPh indas'N sarxlards, $f.tem is'u,:erdetl [o pedorm at 30 gpm aM 5o psi. Conran on-s'te iae!ore procecd'ng depend rg on Its azaTab'e na(er source.. 2. Al ma:erias are to be re+r and merges oorrdtoa 3. [vo zone shad exceed 3ogpirt Pape sued to tmve less than 5fti sec flans. 4. P:...._ nanuaildrgn vanes as needed at low gems in man::re 5. fda'n'na sMcM be ioca;ed in area n•tti least mnfict n•:th swr�Kfng u'Ites. l r e-10Mon War, for ease of inte<pretz on 6. Al dip zones to IJse PVC Wa a's to bate a point of wnnection in each irdic A rantng bed terttnnatng in a Drip R. 7. Shrub areas Fo M irrigated by drip IMIlation A A9 surface dig etirg to be 1f2' pay toh'ng. Tutu" err.G to have rertnrab'e caps. TuNng to brayed a rrftf m of W aM held dorm everf S vr.h J-stages. B. Ran BTd Y,E31n Enit:ers to tefJ.c Ual O-Wadee*of rootzones of p'an's at the iecnfrg roe 1-29 plans 2-1 GPH emTtens pared on oppostc sdes of root MI 3-5g- pants 3. 10PH "Ee:a pared w oppvste saes of root bat Larger material 5L 1 GPH emit'ccs spaced equal' arowd pe nWer of root ba£ c. Al Drp zo to a egg mesh fW and Wpsi pressure negu'a;or 8. A9 trendhng to be a mrinumn of I Y deep. Badffrl is to be dean and free of any material larger than 1 lZ in dame!.v. Bacin shot be adcqu te'y cvnpatted and guarawKd fig-:w huther w1lnrg_ 9. Control wares are to be a mYrmJm of 14ga and sprxrd wAh wa!er pmf cvnrxctons orry. Place al rrrirg hear Wrg in trenches. WSt ee:g to be pwMed under a£ hvdscapes by 4em. al mntr dor for irrigation pwpD". 11. Irrgaron system to be tl"arceed agarst dafcctv2 ma! ial ofnrnkmarsh'p Wore Sear from the date of Inal aseptance. Damage or loss die to vardYsm freesng or acts of neeed try others, is exernpt from Cvntfadols ropacmrenf ncspornb:,ry. 12r horse vntnef n'ih an a B?.e as -butt focatng all va%'es, nice Woes. man the and arty 51eevig. 14. Prwde onnar rrth pm'Wn Ar'sralerkg stlredale for fcd ie wAbIdtanzi- p . 15. Pnw:da vnner ltith Congo:a set of Yaitten imin. fans For cperatvn of sprit N< sy3l..em lnchdN sp6rg start up, C-0Ci. operat'on, and W1CerIZdRR 15. VW" onr:er N'Ao the antra s/slem de rr34Ig Lhe o;WaE4g516""rfors_ U U 1I.I n0 c Q 0 Of 100 `v O Ih- CAD c6 - E ❑ ................ _..... ...,. _. ._....___-... STAMP. cr0in Oh`;EfL KDA HOMES plan. develop. build I`WJECiADbPESS KESTEELFAFW,AY ASKWZ),0WW4 Dft4£1`l nY, TA1 CHECKED III Th1 - Wdk'Ds 3WXL I- Dot14f o Check V&,) - _-- PFK}rECY DATE: 633IraQU Sd�.3'xi+a, 2' I PROIECT. Nla pXh rr,-'1..53,e e,erys 3' PeI Cord Aifi'a,e3 iYaod s a. - KESTREL PARK tr .crrnxr3trx A61 to rase HLNDEii STEEL EDGED SHAVING PATH COTTAGES i S12el FiJ90 Path SIrEETTETLE: jj LANDSCAPE PLAN 0 1f1 w 4a SHEET NO.: L-101 LOT 15 --------------- LOT 7 "" "- J 1 `.,` I t M D \ -/ l 1 r 1 � 1 i 1 Assessors At N.. 39 1C 04 AC T x Lot 900 Assessors Map No. 39 lE 04 AD, fax La[ 8606 Assessor's Alop No. 39 tC 04 OR, Tax Lot 2000 t POLARIS LAND SURVEYING � �11 4 1 5 yl li i y 1 I � l I H 1 1 I I O 5 I 5 1 { AREA 7 I I I I s 1 I 4 I I I I >� I I I 1 I I 1 I I I I l 1 l 1 5 l.L PRELIMINARY PUD MAP KESTREL PARK, PHASE II LiwM SFiVATE A'mzw NORTHEAST & SOUTHEAST QUARTF_RS OF SECTION 4, TOTMSHIP 39 SOCITH, RAN013 I BAST, lVJLL A14IIi=AMRIDLAN CITY OFASHI.AND, IACKSONCOUNTY, OREGON FOR KDA Homes LLC W4 Fein Oekv Drive Ashland, Oregon 97320 LEGEND SI.I➢IFG"PFROPFRSY w Pbf YLl,VE I Hb"Wo PU CD]IId2YHA9Mf= SCALE: 1- = 20' O' to, 20, 40' SO' SURVEYNOTE3 22f➢DASL4DF YfD2nT CO.VLROLi =SVR ISA CRYOFA,tiAf.AWI DfAYTLLf MREMWA2-I/2•DROSILHDLSKINA.}SOTiUT®ll'WfA.LLOCATTiA LY lR➢ �DfISA.4£CROh'OFhVAI hSOONE AYI.4YV➢AI FAM OARSAYEVVS ➢➢i•'LiWARK➢L➢VA]IO.Y-lS3TAT. HAS®ON ]fXA'RO.YAL o➢OD=C VFRHI DAi OF 19 ,ADI Mo W IW(AVVY 2p/I4j. H.�'P0. Hn lil lT llYSiR Lz'IVRGk BV SADImf�.4.Vwse6FYFYt>LLi n AURZt,'OTHH FFRTOAArAh'CH bpZH/55ux VxY. RIFD IlIIIIIY LOGSlfO.VS SVRR➢PA3lFRh(F/{I�A DMVRE W�{a1NATiOYOPFIPID SVR S'H]TD PAWi'AfAN,C.S,�ND'ASBVIT.]"'%GIORDDRAIYA'M FVR "PR DYRTE RfiSFt.'Cfl'Y➢UTf21[']'GD IHCYRFPR fic AlIVSS, AASAPPROAWOVOFA R}{OWNI0IIIEOYPIAORAPfIIC PURPQS7iSD.YLY. FD3YdXCAVA?W.YOFA[L D VR® UlIII{lE5 {.lIA7'➢e PFXFYJRMFll PRIOR iC7ANYH.YGYA7IOV oR Ci].Y52R UCl fONACrIYJ1lE5. nmisxerz�n �Ltot�ssloxa€. LAND SURVEYOR aw srn+� wuou.v RE V&L 6t7E G/W/2021 SURVEYED 9Y., POLARIS LAND SURVEYING LLC P.O. BOX 459 ASHL4ND, OREGON 97520 (541) 482-5009 DATE: APRIL 7. 2020 PROJECT NO, J34O---13 GENERAL. NOTES CIVIL IMPROVEMENT PLANS 1. ALL VVPV 514ALL CONF0.4M TO THE APWA/ODOT STANDARD SP£CIFICARO'JS FOR FOR PRoJ cT PUBLIC WORKS CO;lSTRUCBOV, OREGON CHAPTER, ?078 AND AS AMENDED BY THE CITY OF ASHLAND ENG1NEERIIIG D£PARR?EIIT. \ ju 2. STORE! DRAIN PIPE SHALL RE AS INDICATED OV THE PROJECT PLANS. ONLY 4741E OR KESTREL PARK COTTAGES L.O SAT I O BLACK PIPE 75 YERA6r7('D PER CITY SIDS. PRIVATE SfORH DRAIN PIPE W. 6" X 8) XMINWbat's 6eIOW, 5NALL BE." PVC COVFORVING TO ASTA! 0-3034. EACH 5ERl4CF TERdl111ATION POINT Call ggrp,gyou dig. BE B MARKED 111TH A PAINTED 2" x 4" AND STORM DRAIN! DETECTOR TAPE' SHALL LOCATED IN ti 3. SANJTARY SEVER PIPE SHALL BE PVC (AS7A; D-3034). SANITARY SEWER LATERALS SECTION SHALL BE CONNECTED TO THE MAID! m7H A O'!E PIECE PREFABRICATED SEVER WYE AND SECTION 4, T. 39 W.M.R. I E., Y 1' SHALL FXTFND 2' BEYOIID THE P.U.E. EACH SERVICE TERMINATION POINT SHALL BE MARKED 11M A PAINTED GREED! 2" x 4 SANTARY SEVER DETECTOR TAPE SHALL BE TAX LOT 200, 2000864� £: USED. ONLY GREELL PIPE ALLOV,ED , INO PER C17Y STANDARDS RTH {�.� ...I t 1 .. fjI07 70 SGLf - 4. CLASS B" BACKFILL SHALL BE USED I! ALL TRENCHES MINIM THE RIGHT OF WAY CITY DI^ ASHLAND '- AND SHALL BE CU.AlAACTED TO 9S,`i' 1.lAXId1Ud! DENSITY (PER CITY OF ASHLAND). CLASS `E" RACKRIL SHALL BE USED IN ALL TRENCHES UNVEIL ASPHALT ASHLAND VICINITY MAP S. GRANULAR MATERIALS SHALL 8E O9TAAl1Ep FROAJ A CITY APPROVED SOURCE JACKSON COUNTY, OREGON CONTRACTOR SHALL NOTIFY THE CITY ENGINEER OF THE AIAT£RIAL SOURCE PRIOR TO d ANY GRANULAR MATERIAL PLACEMENT CONTRACT0.4 SHALL NOT CHANGE HATER)Ai \ \\ • 1 •'yl��};}�s}15 _ € f t�,:y1k}s� [+G SOURCE WITHOUT PRIOR APPROVAL FROV THE CITY ENGINEER. 6. ALL 5704A1 DRAIN CURB !INLETS SHALL BF CITY OF ASHLAND TYPE 9A Y4TN A 4' ABBREVIATIONS CURB OPENING UNLESS OTHERMSE SPECIFIED ON THE PLANS ! llll 1 , T Z ALL STORM DRAIN PIPES SHALL HAVE V/AT£R-TIGHT JOIIITS PVC AN'U ..... 11 1 �: ] _ ___.. t r'! I B/W - BACK OF IVALK \� 12 e i_, I �"' ___- , B/ -CUR➢ INLET POLYPROPYLE7:E PIPE JOINTS SHALL C&VFORM TO ASTM D-32 L2 TESTABLE JO'11TS . :1 I - - ` CR - CURB RE7UR1! ( ) y.. _ - AIL jt PRE -MANUFACTURED TEES SHALL BE USEO FOR LATERALS CONNECTING TO NEW STORkf -i' 1 FG - FIIllSfl GRADE C DRAIN SANITARY SEVER AJAINS x' -A - GB = GRADEBREAK \ 1` 1 O / \ l\ q t, Gt = GUTTER INLET - RD364 8. ALL WATER PIPE SHALL BE PER CURRENT CITY OF ASHLAND STANDARDS, BE FULLY \\ \ \' I Q S 3 �� ; � r _ PC -POINT OF CURVE RESTRAINED AND WSI8LY RECOGNIZABLE AS SUCH (EBAA AlEGALOG OR APPROVFp - �� �\ ;, -_ I�. 4, O 11 1 I PT m POINT OF REVERSE CURVE �.. EOUAQYlP!': A[4YJA 21.57 DUCTILE 1R0,'J, CLASS S4, FULLY RESTRAINED JO171T U11LE55 \\�` ?A '.,1� 1.', ...... I PT = POINT OF TANGENT "rn NOTED OTHERAISE \\ \ _£ '' - I4 PV = PAVEMENT _....._. .......... ). \ 9 O Z 2YC 3 - \\-HT-OF-WAY SO S TORAf DRAIN m b. "TB,VGS AWWA 016 ORC15J %171! "EBAA UEGALUGS" OR APPROVED EQUAL. SDAIN =STORE! DRAIN MANNOIE RESTRAIN ALL XWTS UNLESS OTHERMSE NOTED ON PLAINS-- c. THRUST BLOCKS; AT TAPPING TEES ONLY. S.J. = STREET INT£RSECHO:N SS = SANITARY SEVER ti ff d. THE C1 TY SHALL INSTALL ALL WATER 50MCES INCLUDING DIE TAP, SERIACF \ 1 - _ a - LI1JE &METER. R!F CONTRA SHALL INSTALL THE METER BOX, LID & \ \� I' _I 1' .i 7 - Aj„ �5'"✓'�_=_'t7 t - SS CO. = SANITARY SFVFR CLEANWT o q o a q N - i SS.UN -SANITARY SFV£R dlANN01F ACCESSORIES. (�\\ �. _ N 1�I TO = TOP OF CURB e. VC WR77CAL CURVE THE O{{T!£R SHALL ENTER INTO Al! AGREEMENT VTHE CITY TO STERILIZE ALL . OTT i C G C A�. = WATER SERWCES COSTS FOR THIS IP)RK V1LL BETELED BY THE CITY TO THE \ ! t 1 rl\\ 4 j j E W = WA TER GIVIER ON AN ACTUAL COST BASIS FOR LABOR MATERIALS. EOWPUFNT RENTAL AND OVERHEAD.- !. CONTRACTOR SHALL FURNISH 0XWEER OF RECORD AND CITY MTH DATA ON ALL VALVES AND PIPE APPURTENANCES 3171f THE AS BUfL7S. \ \;�\ i \ �\ - • , i Z 9. SEPARATION OF SANITARY SEVER AND VA TER MAINS SHALL BE IN ACCORDANCE 1A77N \\\\�`\\\\. 4 r �\�� \. • I -� n ti , \ ' Q OREGON STATE HEALTH DIASfON RULFS AND/OR AS MODIFIED BY THE CITY OF ASHLAND. ]0. ALL GIVEN PIPE LENGTHS AND SLOPES ARE FROM CENTER Of STRUCTURE TO / O 71, NNAIL ItRUCTURE KTER OF T ON GRAVITY STORM DRAIN AND SANITARY SEVER SYSTEUS SHALL BEGIN \\ AT THE LOriEST POINT A11D PROMO UPGRADE 7O THE HIGHEST POINT V,ORX SHALL I `\f- 110T SEG11J APIYISHERE OTHER THAN THE LOV£ST PUNT.DO NOT LEAVE OUT SECTIONS \ \" OF THE SYSTEM AFID RESTART AT A HIGHER POINT CAPIPLUG SS DAILY DURING d" � /_ ; j'.�1, \)��% > Z CONSTRUCTION. 1 t A. 72. THE LOCAROV AND ELEVATION OF ALL EXISTING UTILITIES AND STRUCTURES ARE APPROXIAlATE. THERE MAY EXIST UTILITIES THAT ARE NOT SNO151T ON THE PLANS. TILE CONTRACTOR IS RESPONSIBLE FOR LOCA73NO ALL UTLI7ES PRIOR TO CONSTRUCTIO,'I. - - - I _-- < 2 7,1 CONTRACTORS AIID SUBCONTRACTORS SHALL BE PREOUALIF7ED 47TH THE CITY OJ NORTH ASHLAND ENGINEERING DEPARTI.TENT PRIOR TO STARTJJJG WORK. CONTRACTOR SHALL \` '� ,rNEST BOX VV 710PFY OREGOI! UTILITY NOnF1CA770.V CENTER (7-800 332-2344) AND THE CITY OF GRAPHI(,' SCALE o ASHLAND ENGINEERING (541-488 5347) 46 HOURS PRIOR TO STARTING tIORK. OVERALL 14. CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATION 1111H THE VARIOUS UTILITY PROJECT COUPANICS RE6AR0dJG WSTALLATIOV AND/OR RELOCATION REOIMEMENTS FOR THEIR BOUNDARY L\ I. rS•-y „ I I -- ------ ---�- - --- - I ..--. - -- j = k a FACILITIES. 1 3N 100 < < r t 106 inch fr- 75. CONTRACTOR IS RESPONSc IBLE FOR OBTAINING ALL REQUIRED PERIPTS PRIOR TO CONSTRUCTION. 16. STABILIZATION FABRIC SHALL CONFORM TO MOT 2018 SPECIAL PROO-110'IS 02320. TREE PROTECTION NOTE 17. POWER FACILITIES SH017N ON THESE PLAIJS ARE FOR REFERENCE DAILY. SEE POIA£R --' PLANS PREPARED BY C17Y OF ASHLAND ELECTRIC DEPARTLIENT FOR DETAILED PLANS & SITE INDEX MAP T1;E CONTRACTOR IS RESPONSIBLE TO OBTAIN A COPY OF SHE s,y SPCCInCA DONS. TREE PROTECT ON PLAN PREPARED BY THE PROJECT LANDSCAPE �- ARCHITECT. ALL TREE PROTECTION MEASURES SHALL BE III pX 18. BASIS OF FEARING SEE TOPOGRAPHIC SURVEY, SHEET T.1 PLACE PRIOR TO THE START OF ANY CONSTRUCTIO'! ACT1V171£S- VV4 A PRE --CONSTRUCTION MEETING MITI THE LANDSCAPE ARCHITECT <Ylv, 19. DENCHUARK, SEE TOPOGRAPHIC SURVEY, SHEET T.1 1S RE0171RED PRIOR TO CONSTRUCTION. �1 FO\i' $1 FSY` .......F'IRE512f31I'L CONTACT INFORMATION LEGEND SHEET INDEX u0. REwS,oN DATE By 1 EUCHVE£R OF RECORD: CITY/ASHW16 PUBLIC WRX& CABLE COMPANY. Al!]HONY BAXXE, P.E. XARL JON1150V ERfO CHASE LINES SYMBOLS COVER SHEET . . .... ....... A -_ CFG, HNC. ENGINEERING DIVISION CHARTER COMMU,\VCA DONS w CIO$$ SECTIONS $! DETAILS _ _ _ _ _ _ _ _ A.2 - -. -- 1•T2 IV. MAIN SI., SUITE 103 51 V7NBURN WAY 1341 CENTER DR., SUIT£ C PROPOSED PVMNT --- '----- £:Y15Tr.YG .S rG:'�A! SL'Y.£R AJgN1101F © STORU AfAY.1fOLE ' MEOFORD, OR 9/501 ASHLAND, 75?0 6£DFORD, 7501 EYI$TrL.NG sr.:E? CLEA!-OUT o AREA DRAIN UTILITY PLAN .. ... .. . .. . .... ...... BA PROPOSED SIDEWALK PH. (541) 779-5268 PH: (541) 552-500-;EwSTNG WA GRADING PLAN.......... - XX" SD PROPOSED STORM SERVICE WYE PIPE PLUG N. .. ..... . _ _ _ _ _ _ _ _ _ _ _ _ _ __ D.I-D.2 --�_- rf c - F. xr57rVG GAS /- SURVEYOR OF RECORD: FLECTRJC/AFN: GAS COMPANY XX" 5.5 PROPOSED SEINER fXrS Tr.I6 PO:.iR WATER SER14CE CATCH/L YHCH BAS.'N 13 EROSION & SEDIMENT CONTROL PLAN. . ..... E,I-E.2 ]] --- SHAV"I KAMPUANN DAVE. TYGERSO'J F.RIK ENRiQUEZ XX" W PROPOSEU WATER _ - .._ _.--__- £XrS I'%G PHO.I'F DETAIL SHEETS. _ _ _ _ _ _ _ . . .F.I-F•2 POLARIS LAND SURVEYING CJTY OF ASHLAND AWSTA UT107IFS R/W ' FIRE HYDRANT �.-�----� UTILITY POI£/GUY ViRE `$-�" P.O. BOX 459 90 NORTH MOWITAIN 550 BUSINESS PARK DR - - '+�----- ---- EXrs n.VG ry TOPOGRAPHIC SURVEY. . _ .T.I CITY OF ASHLAND ASHLAND. OR 97502 ASHLAND OR 97520 UEDFO.40, 04 97504 PROPERTY LNE ,YA7FR VALVE. STREET LIGHT P--3`� - - - - - - - - - - - - - PN: (547) 482-5009 PNr (547) 552--2369 YH- 458 225-4732 -"- - - CENTER LINE ` -- -- Fxis vG Pv!�:7 TELEPHONE PEDESTAL FT PdOfEC7 N'O. PLe £xlsus'c c G KESTREL PARK COTTAGES - DRAINAGE FLOW c,c -vw« POVfR iRANSFORAi£R2; CIVIL IMPROVEMENTS -� pEVET.OPER/6VNFR: 1RRlGA 170'c TELEPND,'!E COMPANY.- "."""' -- � --- PROPOSED C & C - �"" � is T1A'G MARK KNOX Inv Off DE'REK BILLICK PROPOSED DITCH � AIR VALVE >a POWER SV7TCHGEAR LS' COVER SHEET XDA HOMES TALENT 1RRIGA DON DISTRICT CFNTURY L111X - - =r _ v"'- DRAM - 604 FAIR OAKS COURT 104 IV. VALLEY VIEW RO. 132 W 4Lh STREET I s- - CURB INLET L6j GAS VALVE -'Y--- ASHLAND, OR 97520 TALENT, OR 97540 MEDFORD, OR 97501 - -- --- EXISTi\'G FF+ICE SERER S£RWCE -�----< STORM SERVICE PH: (541) 821-375? PH: (54T) 535-1529 PH: (541) 776-8128 RFt7EM1EO PU3LIL' pSdiA'S O'.s£C71V: DATE.- TYPICAL SECTION CONSTRUCTION NOTES 4' CAP 8' CAP O� LEVEL 2, 1/2- H.NAC (DEPTH AS VOTED). ALLEY 4A2� 4" PIPE 6' PIPE `J 3/4"-YWUS CRUSHED ROCK (DIP➢{ AS NOTED). -- 20' AIDE FINiSHEO GRADE € O3 NOT USED ACCESS EASEMENT f111fSHE0 GRADE VARIES ---- / / 7. ® WOVEN GEOTENDLE STABfL1ZATT0'N FABRIC PER 2018 ORECOIJ STANDARD PER PLAN R/14' R/iv ROUGH GRADE OUGHRAD£ � SPEL1fICADO'f, SPECIAL PROV15f0'7 02320 (SUBGRAO£ G£OT£XTILE. VARIES I b, / 4L�� ,i,'PER PLAT! C/L 5IMPORTFD SUB -BASE ('!HERE APPLICABLE) TO BE 4"-O" CRUSHED ROCK OR APPROVED EQUAeA ENESAK'cur`EXISTING AC HONE BU11 pER rp lNSTAii ND.NE BUTLOIR 70 INSTALL 60 CONTRACTOR TO W)UND OVER UNDERGROUND UTILITIES MTH 3/4'-AJJNUS "E� FUTURE AREA DRAIN/CO FUTURE AREA ORAIN/CO AT ALL IOCLOISINC URLIJY f.'lSTALLAT1gF! 74 LfA1NJAIN 18" AI!'11AfUAJ GOVFR AS REWiR0 AS REOUIRIOAT ALL TIMES. —fi { 8• W 7 STANDARD CURB (£=6PFR CURRFJlT ODOT STANDARD DRAI5f,1'G NO. 8"d8 4 WYf R6700.JgR 7 'HOVE BUILDER TO CONVECT 20%ROOF Ir FOOTHO DRAWN \ ®RASE MATERIAL TO EXTEND 72' @£NfN6 CURB (TYPICAL). PROVIDE BASE tJ O% I .--..-- MATERIAL A 110111VU11 OF 3' BEHIND CURB IWERE NOT CONSTRUING PLANTER, SIDEWALK,, OR POE GRADE IN FILL SECTIO,"!5 --- _ �- -- O Og 5101TWALK VJ/PARX STRIP PER CURRENT OREGO'J STANDARD DRAY.P:IG _ EX _ 4 - RD720 MiH 6" OF 3/4"-MINUS AGGREGATE BASE COUPACTED TO 95.9 OE U7ILIFY� 4 2 Ig• \ \ ASTM D 698 AND EXTEA'DFO fi' BEYOND EDGE OF SIDEWALK S1DMALK AND b 54" PRNA7C SO S£RV7CE J.E PER PLAN 8" pRIVA TE 50 I.E. PER PLAN BASE ROCK TO BE INSTALLED BY HO.LIEBUfLDER UMO. INDIVIDUAL PRIVATE STORM SERVICE COMMON PRIVATE STORM DRAIN SIDEWAOIG R0720.LAGGREGATE TBASE DEPTH PER TO CURB PER UGEOTECNRREW IfCAL REPORT ECON AAND EXRD TEND AREA DRAIN AND VVYE DETAIL AREA DRAIN AND WYE DETAIL 6- BEYaVD EDGE OF SIDEWALK. PRIVATE PARKING AREA - TYPICAL SECTION - rrrs rns - I1 MAXINUk CUT e, Pit SLOPES (efE PLAN FOR ADDITIONAL RE40REUFNTS). ALLEY q (STA 10+19.25 - 12+52.50) 12 POE GRADE AS PER SHORN. EMBANKMENT, E RT. REQUIRED, SHALL HE COVSTRUC7ED PER GE07CifNICAL REPORT. NOTE CROSS SECTIONS ARE ALI'/AYS VEKED LOOKING 'UP--STA ROV". GEOTECHNICAL NOTES NOTE: PAVEMENT S£CAOWS ARE BASED UPON GEOTECHNTCAL RECO VIEWATIONS BY APPLIED GEOTECHNICAI, ENGINEERING AND GEOLOGIC CONSULTING LLC. COVTRACTO,4 SHALL COO,RDINATF. WTH GECTECHIRCAL ENGINEER DURING CONSTRUCTION FOR CONFORYANCE WFH REQUINEAIENIS 1JOTF THE CONTRACTOR SHALL ORTAIN A COPY OF TILE GEOTECH REPORT PREPARED BY: APPLIED GEOTECHNICAL ENGINEERING AND GEOLOGIC CONSULTIIJG LLC AND COAJPLY WIN THE RCOW ENDARONS COVTAINED IN THE REPORT. NOT£: THE PAVEMENT SECTIONS SHOM ARE BASED O`7 THE ASSUMPAON INAT PAVEMENT CONSMUCDOV Wtt BE ACCOUPLISHED DURING THE DRY SEASON. IF KF. T-YEATHER PAV£AI£NT CONSTRUCTION 1S CONS'DERED, IT ssu LIKELY BE NECESSARY TO INCREASE THE THICKNESS OF ME CRUSHED ROCK BASE TO SUPPORT CONSTRUCTON EOUIPLJENT AIJD PROTECT THE A101STURE-S£16I71V£ SUBGRADE SOILS FROM DISTURBANCE IT SHOULD BE NOTED THAT THE PAVEMENT SECrOuS MAY NOT BE ADEOUATF FOR THE SUPPORT OF INTENSE, HEAVY CONSTRUCTION TRAFFIC. GEOTECHNICAL PRE -CONSTRUCTION & SUBGRADE APPROVAL NOW: CONTRACTOR 1S TO HOLD A PRE CONSTRUCTION MEETING KITH CITY DESIGNATED INSPECTOR PRIOR TO THE START OF CONSTRUCTION. NOTE. PROJECT CEOTECHNICAL ENGINEER OR QUALIFIED EXPERIENCED CI7Y INSPECTOR MUST PROVIDE APPROVAL OF ALL EARTHAORK AND SUBGRADE PRIOR TO PLACEMENT OF ROADWAY ROCK SCCO'I AND/OR GEOTEXT7IE FABRIC. INSPECTOR SHALL PROVDE 'WITTEN CONRRMAAOV TO THE ENGINEER OF RECORD AND THE CITY PUBLIC WRKS DEPARTMENT V,9TNIN 10 11ORMNG DAYS OCOMPACTED STRUCTURAL FILL PLACED IN LIFTS, SEE GEO IECN1JlCAL REPORT A4NRN44 TOE EMBEU➢MENT3 PER GFOECIONCAL ENGINEER ORIGINAL 2 H 1 V 1 fAX _ I fAY BENCH UP -SLOPE INTO FIRM, ___ F10N-DESICCATED NR TINE SOILS. EXPANSIVE SOILS _ EXCAVATED FRO.II THE BENCH To BE REMOVEp FROV 7NE - SITE. `SUBSURFACE DRAIN AS DIRECTED BY GFOTFCTINICAL ENGINEER DURIJJG COVSIRUCD011 BY G£OT£CH ENWIVEER FILL BENCHING EXHIBIT NOTE: THIS EXHIBIT IS CONCEPTUAL ONLY AND �OPPs AVTENDED TO DEPICT DIE BENCHING OF FLLS OV S7EEP SLOPES. THE CONTRACTOR SHALL COORDINATE 47711 THE HPpP�>'p GE07ECHNICAL ENGINEER FOR SPECIFIC REGUIRE.M£NIS 04 PEA MR CEOTECNNICAL NOTES AND SPECIFICATIONS ONLY RE yet ,_,srRL'Fr SEcrrolJ Sct.l Es 4d7A, HORIZONTAL !CAL£ - = i. VERTICAL SCALE - 1- = 5' R£hl7rA8F501� DRAIN ➢Y, BRO DA TF' 11119 110. R£NS101! DATE BY lie CITY OF ASHLAN O�gT RiTC�fp CLACKED 8Y- LJJX ALJB DATE' 11/19 , pplied �`\`���F1f ..... ___ _ ...... .... PRQECT o ENG1nG Ac£rrcr REAEk DATE: _ ? -T „ KESTREL PARK COTTAGES eC)C�1111Gd CIVIL IMPROVEMENTS AGENCYREWEli: DATE. I� )YIE'i ,�I�IJlg i- .-- ....... _.... ROADI/AY SPECIAL W DRAINING NO. APPROVAL: DATE: l� C,eolo Lc CorrsuluFl A --- KLwwwhaE,sf!@IOW. .,__..._ � � o n,� F,O.I3O\[721-]FllFlf'nlFFl-171A 97u[II Y} V � A.2 Callholomyoudlg, lF1.i53FT77 .5Z ii APPROVAL: DATE _.. - --- P,R ,Z,S,ry PROJECT BOUNDARY 29 T RE 70 1 A;��, 16 yJ £X SSNH f I \ \ \ EX, f `SD \ IV. /N EX SSVH l4lti1�1-x 5DX i I 1 ,. IX 12 SO TrP1.'Lr�wiiEX:-rNLEr— Fx A J / EX HYDRANT ILOO EX. 55VH l �11 R Qz I I l" YI� f9ap I c 1 EX SDCI I I t l PROJECT BOUNDARY 1� � Q { Na y co i e3�I�I� I �I # { =Y EX. SDCO I I� —_ ...I EX IFlLE EX. SS1N 1 X 8 V/ �- I .... E..... �. T 1 I � I EX SDCI I wl: I I I SITEWORK CONSTRUCTION NOTES ID CO-TRUCT STANDARD CORB (£-&) PER OREGOV STD_ DSiG 80700. O2 TRASH ENCLOSURE (SEE ARCHITECTURAL PLAIDS) OCONSTRUCT CONCRETE SiDEIVALK (97DDT AS NOTED) PER OREGO'L STD. DING. RD720 ® INSTALL PARKING LOT PAGIT STPoPIVG PER OVNERS SPECIFICAROVS C\ LANDSCAPE WALL, TERRACED V,HERE SHO:SN (INSTALL PER MANUFACTURERS LJ RECO{1f.�E1.'DA AONS). S£F GRADHIG PLANS FOR TOP OF WALL £LEVAPO:46 ®SAV,CUT 1" mmN BEYOND EXISTING EDGE OF AC AS 5HOWP4 APPLY AC TACK COAT & SAIJO 564L. PRIOR TO AC PAVING. 07 CONSTRUCT AC PAVING PER SECTION ON SHEET A.2. ®CONTRACTOR TO VERIFY LOCADON AND DEPTH OF EXiSB1rG UTLITY STUB. CONTACT £NCOJEER OF RECORD IF CONFLICT OCCURS. PRIVATE STORM DRAIN CONSTRUCTION NOTES 1 INSTALL PVC SD SERWEES TO BUILDINGS AS SH03N 0 29 A!!N. SLOPE (PER OSPC) CONNECT TO STORM SYSTEM WDR CLEANOUTS ® RLDGS & AS REOUIR£D PER DETAILS O.V STIEET c.?, MAINTAIN AU,VmOd COVER TO FINISHED GRADE PER PIPE TYPE CONTRACTOR TO VEPIFY GRAVITY FTG SERVICE TO BLDGS PRIOR TO CONSTRUCRO,N. OINSTALL 26 IF OF 8" PVC SD 0 S-2.OX INV(SIV) - 1747.89t, INV(NE) = 1748.4Z CONNECT TO EXISTNG 12"SD WILL fPIS£RT-A-TEE PER OSPC AND COA STANDARDS. O Rd STALL 80.9 IF OF 8' PVC SD ® S=2.OX I,N'l(E) -- 1750.01. O I7lSTALL 47.6 IF OF 6" PVC SD 0 S=2.0% INV(E) - 1750.89. O5 INSTALL 53.8 IF OF 6" PVC SD 0 S-2.OX INV(E) 175099, O INSTALL 6T3 LF OF s' PVC SO 0 S-2.07- 41IV(E) W T75254. ORiSTALL 88 IF OF 5' PVC 50 ® S-1.OX JHV(SP/) = 1754.24t, INV(NE) � 7754.32. O INSTALL 54.4 LF OF 6- PVC SO 0 S=1.071 411V(E) = 1754.87. PRIVATE SANITARY SEWER CONSTRUCTION NOTES OSI TAtt 6" SEVER SERVICE TO BUILDING PER OSPC & COA STAMOAROS. COORDINATE I177H OKNER FOR M)NIMUM SERVICE DEPTH R£CUNED AT ROLDING PRIOR TO CONSTRUCTION. (LOCA TONS AHFRE SFY,ER IS ABOVE 771E WATER AND OR OWYN IS" OF WATER MAIN C900 PIPE IS REQUIRED-) 2 INSTALL 6' SEVER SERVICE TO ➢U1LDVX PER OSPC & COA STANDARDS. CONNECT SERVICE LINE TO EXISTING LATERAL STUR. COORM,VATC WILL OVlER FOR PINIMUM SERICE DEPTH REQUIRED AT BUILDING PRIOR TO CONSTRUCTIOV. PRIVATE WATER CONSTRUCTION NOTES INSTALL DOIES71C WATER SUPPLY LNE FRO11 METER TO BUILDINGS PER OSPC & COA STANDARDS AS SHORN P IiNrAiN 24" Ph't COVER TO FINISHED CRAVE: CONTRACTOR SHALL COORDINATE WIN PROXCT PLUIMER FOR VEFIRCA BON AND FINAL s£RwCE 501NG AND PIP1F1161 PRIOR TO CONSTRUCTION. NOTE. ALL PRIVATE WATER, SEIIER, AND STORM DRA)" SHALL BE NLSTALLED PER THE OSPC & COA STANDARDS. ELECTRICAL SERVICE FACILITIES__ ELECTRICAL SERVICE' EACILIT£S SHORN WTHN THIS PLAN SET IS FOR REFERENCE ONLY. SEE 07)OVY COi PANY PLAIDS FOR ELECTRICAL PLANS AND SPECIFIC ELECTRICAL FACILITY REqu1REA.ENrS. NOTE: CONTRACTOR TO COORDINATE 117TH City OF ASHLAND ELECTRIC DEPARIPENT PRIOR TO INSTALLATIOV. I GRAPHIC SCALE Q{ ID 1—EET 2 1 inch = 2O It DRAIIN BY RRO DA 7E 71/19 NO REy5101 DATE BY .......... ---- .... - -- CITY OF ASHLAND �59T1[UCTr CHECKED BY MVX, AA(B VA TF 71/13 r SIIK f _ i _,_.. s C�� AGENCY REVIEM. - DAI — I 4 ` THE COTTAGES AT KESTREL PARK Pao;Ecr NO. o I,NGIl�I3EliIN� -- � CIVIL IMPROVEMENTS _ AGENCYRENEYP DATE.- ........ .......... _....... —_. I 7 W N I)IWW06N6. APPROVAL DATE: L_— - .................._._.___ ._...__—. ............. — — yll z� • s- A u7JLITY PLa Knowwhaft hOlOW. -- ..... HfI. E[f11172i-lIBllk'blill Il1t 975P1 APPROVAL. DATE.'_.. _.. FL Il Si. ati Call betoreyoudig. Y1h19iliTi9-Ss99 -- ...... _ I EMBANKMENT CONSTRUCTION NOTES ` " \ 1 PRIOR TO THE STRUCIGN OF EMBANIWENT5 THE ACT SHALL FYCAVA E UNSUITABLE FOUNDATIWi` MATERIAL E CON � .. CONTRACTOR T BASEMENTS; TRENCHES, A1Jb HOLES ENCOUNTERED 15771-11N EA BA7IXME'17T L10 TS SHALL BE FILLED SliRl APPROVED MATERIAL, 7HF CO,7TRACTOR SHALL BREAK UP AND ROUGHEN Mt' GROUND SURFACE BEFORE EAi9AF1XAlF1JT MATERIAL 15 PLACED. THE NATURAL GROU1Jp N:IDERLY�IIG Fl/BAFlXAIENTS .SHAC1. BE COMPACTED 70 THE DENSITY SP£CI> FED FOR THE EMBANTDF+I7 kWtPiAt TO RE PLACED, AND TO THE DEPTH OF THE GRUAUING OR A MWAIUM OF 6 wCHES. Z EMBANKMENT C071S7RUCTJO.'J SllALL INCLUDE PREPARA RO.Y OF THE AREAS UPON ISFfICN £AfBA1JKAfENTS ARE PLACED, THE PLACEMENT AND COi!PACPON OF APPROVED EMDANKMEW MATERIAL AND FILLING OF HOLES, PITS, AND 07HER DEPRESSIONS S IMM PROJECT ` THE SUDDA490N_ THE CONTRACTOR SHALL PLACE FMBANXA!£NTS AND FILLS IN HORIZONTAL LAYERS OF B RICHES MAXALUM DEPTH AND COLJPACT l 1 •T� . FACE{ LAYER TO THE DENSITY SPFGFIFP. 4. EMBANKA!LNrS SHALL NOT BE CO,vSTROCTED VHEN THE EMBANKMENT AATERIAL OR THE FOUNDATION ON ISH1CH THE EMBANKMENT �r ] l VWULD BE PLACED IS FROZEN. ,jl\:�J�3J1'IJ:�I!i;l a I'MYFOREIGN IPATTER. RIOR 70 COWPLER0, Or THE IARTHsS?�.4K, THE CONTRACTOR SHALL CLEAN THE FNRRE ISbRK AREA OF DEBRIS AND fi_ THE AIA111. OFI15f1 OF COA{PACTED MATERIALS NTLL DE DETCRAIINEO BY AASHTO 1 99, 7. THE CONTRACTOR SHALL COMPACT ALL EMBANKMO;rS JTLLS AND BACKFILLS TO A )AIN41UP IJIPLACE DENSITY OF 95 PERCENT: \ � 8. THE CONTRACTOR SHALL WATER 7N15 MATERIALS 70 PROyO£ OPT]AJUAf MOISTURE FOR COMPACROV OF FMBAl1HME11T5 AND 30 \ 'G EPBANILPENT OR 1EMOVFACKF/LL MATERIALS SHALL NOT BE PLACED III FINAL POSITION UlJPL Af0lSTURE IN EXCESS OF OP T1AfU1 MOISTURE HAS BEEN .! / f R IF THE SPECIFIED COUPACRON 1S NOT OBTAINED, THE CONTRACTOR SHALL N071FY THE ENGINEER. ME CONTRACTOR MAY BE RETkW G VALL REQUIRED TO USE A MODIRED CO.WACROI PROCEDURE OR APPLY ADOMO'1At CO.MPACTiW EFFORT. IF APPROVED AfATERJALS i \ SEE ARCH17F TLIAL UEERNO THE SPECIFJCATIOVS CANNOT BE COMPACTED TO 7NE REQUIRED DENSITY REGARDLESS OF COMPACTIVE EFFORT OR METHOD, I• �j ` \ PLANS'. THE ENONEER MAY REDUCE THE REQUIRED DENSITY OR DIRECT MAT ALTERNATE MATERIALS BE USED. IN NO CASE SHALL / �� pRC 'T $S EARTHADRX OPERATIONS PROCEED UNTIL THE CONTRACTOR IS ABLE TO COMPACT THE MATERIAL TO THE SADSFA07109 OF THE \ R QJ EDA �- \ &�JNDA \ \ GENERAL NOTES: �..._ �w�� L. ST04AI D,4A1,'! LINES SHOII"f ON T111S SHEET ARE FOR REFEREA'CE 0,1'LY. SEE PLAN & PROAlF. SNE'E'TS F0.4 SDCO \ - DETAIL L"IFORATATION. 2. PROPOSED CAV70UR5 S!lD;R1 REPRESENT FINISHED GRADES IN ROAD AREAS PROPOSED CONTOURS SHO.SN 71! 1 !/ 29 \ ALI. OTHER AREAS REPRESENT APPROXIMATE GRADING PRIOR TO CO'JSTRUCRO,N OF BUILDINGS. FINISHED GRADING FF= I7S 8. �5O \ 1 AFTER CO.UPLEAON OF BUlLDPIG CO•NS7ROCT704 AWAY VARY FROU BEE PROPOSED CONTOURS SHOR"J ON THIS x URA IM-G. J. EXCESS SPOILS SHALL BE REMOVED FROM DIE PROJECT AS h'EEDEO UNLESS OTNERISfSf COORDfuq 7ED VSI Rf 711E PROJECT ENGINFFP MATCH EXISTING GRADES AT ADJACENT PROPERTY LINES & MAINTAIN EXISTING DRAINAGE \- 1 O1REC770,'J. DO NOT BLOCK ANY OFF SITE DRAINAGE PATHS. �\ 4'SD SVC',, \ I GEOTECHNICAL NOTES 1 � � >� v so ( � v � T 1. ME CONTRACTOR IS RESPONSIBLE 70 OBTAIN A COPY OF THE GE0IECH REPORT PREPARED BY THE f, , I \ 28 \ \ I PNOJFCT GEO7ECHNICAL ENGINEER, INC. AND FOLLO;Y ALL OF T}{E RCCO.VA{EllDAAONS COV TAINED VSi TN1N ME REPORT. THE CONTRACTOR SHALL COORDINATE CO"JSTRUCRON AC7?W7ES RIM THE PROJECT GF.OTECHNICAL FF—17S8.50 FNC:INFFR FOR REQUIRED SITE G4VEER FOR REQUIRED EOBSERVATIO'lS DIA710N. ME CONTRACTOR ND TFSTILLG OF L ALL OEARIMAORKNAW 1 OPERATIILL YHC ONS. LOT Gr N£Y �� �. � I LEGEND: .._ L L. HARDSCAPE DRAINAGE OIRECTO.V STRUCTURE GRATE ELEVATON —RVPO SURFACE. DRAINAGE Uf.4ECR017 FLOaiJxF ftfVA7J0,'1 — n GRADE BREAK — CB — SIDEWALK ELEVATC11 fILOSHED GRADE ELEVAAO.v r TOP OF WALL ELEVATION NIGH POINT ELEVATION Mph BOTTOM OF V/ALL £LEVAROV payer TOP OF CURB ELEVATION som � TL \ \ 1X \ [rrP.) 1 N FF�1750.00 M `N O� 4V \\ I I PROJECT 1 BOUNDARY CONTOURS CONTOUR IIJTFRVAL = r' ! - INDEX INTERVAL = 5' EXISTING OROIbYD El E v / \ EX SOYLI 11' 17 FhY15HED GROUND ELEV C FF=1755.35 --26 � ` FF=1750,00 m ' \ ISO MEET MH NORTH I �'1 GRAPHIC SCALE 1 ' MATCHLINE - SEE SHEET D.2 DHAV,1i BY BRO PAIL_' 11/19 IIO. RE'19510.'J i DATE BY CITY OF ASHLA 4orysTC uei ND CHECKED BY. Arxx. AMa DATE: 11/19 1 _ - —�� - - KESTREL PARK COTTAGES eaolecrnlo`" AGENCY REVEW DATE. _ --- AN,: CIVIL IMPROVEMENTS_ i ,ry AGENCY REVEw DALE, _-_ _ --_ ................ .........ox GRADING PLAN .,.. APPROVAL DATE E ..... ....... YFi 2�``>:- _�. Kwwwhamhelow, I_.. Ut'A SL.� 140. 1'.11, iIUX l.Yi-SI11UI'UI[U - UI[ 9 i561 Callheforeyoudig. 1'U.(541)7705ZOU APPROVAL- DATE: I __ ,.....— YnlRrs12f31I D.1 MATCHLiNE - SEE SHEET D. I EMBANKMENT CONSTRUCTION NOTES 4"SD SVC J. PRIOR TO THE CONSTRUCVOF7 OF ELfBANK1AENTS, THE CONTRACTOR SMALL EXCAVATE UNSUITABLE FOUNDA170I AfATERIAI. @ASFMEIJTS TRENCHES AND HOLES ENCOUNTERTO WRON DYBANeIVENT OWTS SHALL BE FILLED WTH APPROVED PA7FRIA1. THE CONTRACTOR SHALL BREAK UP AND ROUGHEN THE GROUND SURFACE BEFORE E48ANAAlE11Y AATERIAL IS PLACEp, THE NATURAL GROUND UNDERLYING FAlBAf1X1.lE!!IS SHALL 8£ COMPACTED TO THE DENSITY SPECIFIED FOR THE EMBANKMENT MATERIAL TO BE PLACED. AND TO 7HE DEPTH OF THE GRUBBING OR A P110001f OF 6 INCHES 2. FAtRAJIKOENT CONSTROCDOM SHALL INCLUDE PREPARA7701J OF THE AREAS UPON AH1CH EMBANK.VENTS ARE FF=1755.35 / ' is `� ' PLACED, THE PLACFI.IEIIT AND COMPACTION OF APPROVED FVRANKMENT HATERIAL AND FILLING OF HOLES PITS, AND 07HER DEPRESSIA9S 81THh9 THE SUBDIVISION. / ? 3 7HE CONTRACTOR SHALL PLACE EMBANKMENTS AND FILLS 1N HORIZONYAL LAVVRS OF 9 INCHES MAY)VUL? DEPTH AND CO1.lPACT EACH LAYER TO THE DENSITY SPECIFED. 5 1 j 4. FMRANKArENTS SHALL NOT BE CONSTRUCTED RHEN THE EL{RANKMENT MATERIAL OR THE FOUIIDARON ON $$HIGH y ' - V{E EAF0ANK1,fENT St17ULD BE PLACED IS FROZEN. } \ 1 Zt( 25 i S 1kIA{EDfA7ELY PRIOR TO CO OF 7HE FAR IWORX, THE CONTRACTOR SHALL CLEAN THE ENTIRE 140RX AREA OF TEL AND FOR£ICII MATTER. / FF=1758.50 FF=1758.50 i ! 6- THE AJAXIVbk( DENSITY OF CO.VPACTED MATERIALS Wit BE OFTERMINED BY AASHTO T 99. 1 S I >' 7. THE CONTRACTOR SHALL COMPACT ALL EAi9ANKLIFNTS, FILLS, AND RACKFILLS TO A MONAWY !!!PLACE DENSITY EX. LOT LINE 1 OF 95 PERCEI7T. - � S. THE CONTRACTOR SHALL WATER VIE MATERIALS TD PROE70E OP it+-fUM dl01S7URE FOR CO.!LPACRO'1 OF EVDAAKI0FNTS AND BACKFILLS. FMBANIO)ENT OR BACKRIL MATERIALS SHALL NOT BE PLACED IN FINAL POSIAO,"f -` ' �HlGN POINT :' � 4j+ SDCO ! LNEE MOISTURE 01 EXCESS OF OPTIVOU AFOISTUPE HAS BEEN REMOVED. } "'�. \ ` (r-') 9. fF THE SPECIFIED COMPACTON IS NOT 09TAINED, TPF CONTRACTOR SHALL F107IFY THE ENGINEER. THE - - _ `- RETA711C1G WELL CONTRACTOR PAY BE REQUIRED TO USE A ALODIF7ED COMPACVON PROCEDURE 0,4 APPLY AODIDONAL CO1dPACPw _ Y y SEE ARCHITECTUAL EFFO4L ff APPROVED MATERIALS PETTING THE SPFCiRCA77OVS CANNOT BE CO.VPACTEO TO THE R£CUIR£0 PLANS DENSITY REGARDLESS OF COA{PACRVE EFFORT OR METHOD, THE ENGINEER AlAY REDUCE PIE REWRED DENSITY ROU 1pARY : _ !� / - OR DIRECT THAT ALTERNATE kIATFRfALS BE USED. 77f 110 CASE SHALL EARTHWORK OPERA7101JS PROCEED U11VL / SO L"R€T f.IH THE CONTRACTOR IS ABLE TO COMPACT THE VATf'RJAL TO 171E SAVSFACT70N OF 7HE EF.'61HEER. t 19 I GENERAL NOTES: FF=175G.39 LOT bNE ..._._... ...,..._._.. a () I I. STORM DRAIN LINES SHOV,N ON THIS SNEEY ARE FOR REFERENCE ONLY. SEE PLAIT t� PROFILE SHEETS FOR mI DETAIL INFORMATION. )BVC 2 PROPOSED CONTOURS SHORN REPRESENT FINISHED GRADES IN ROAD AREAS. PSOP05ED CONTOURS SNOT;N 01 ALL OTHER AREAS REPRESENT APPROXIdATE GRADING PRIOR TO CONSTRUCTION OF BUILDINGS. FINISHED 23 R CO.MP1£VON OF BUILDING CONSTRUCVO,V MAY VARY FRO f THE THIS A ASSiFIG. PROPOSED CONTOURS 51fOf,'J ON FF=17.57.00 I � 3. EXCESS SP01S SHALL 8E REMOVED FROM VIE PROJECT AS NEEDED UNLESS OTHERIVSE COORDINA TEO li" THE PROJECT ENGINEER. 11A YCH EXJSHNG GRADES AT ADJACENT PROPERTY LINES X MAJNTADJ EXISTING DRAINAGE DIREC770N DO NOT BLOCK ANY OFF SITE DRAINAGE PATHS GEOTECHNICAL NOTES _.._ k k ---'` _ 1. THE CONTRACTOR 1S RESPONSIBLE TO OBTAIN A COPY OF THE GEOTECH REPORT PREPARED BY THE SOCO I JI PROJECT GEOMCHNICAL ENGINEER, INC. AND FOLLOW ALL OF THE RECOPUENOA TIOVS CONTAINED L97NIN IRE REPORT. TH£ CONTRACTOR SHALL COORDINATE C0,15MUCTION ACDORES WITH 7HE PROJECT GEOTECI1HfCAL Eh'Gh"JEER FOR REgU1RED REAI€DIA710At IRE. CONTRACTOR SHALL COORDINATE PATH DYE GEOTECHNICAL a� ENGINEER FOR REQUIRED SITE OBSERVA77ONS AND TESTING OF ALL FARTHI90RK OPERATIONS PHI V. 6 S➢ I LEGEND: -EX. 12SD --LT t, I I HARDSCAPE DRAINAGE DIREGAON STRUCTURE GRATE ELEVATION EX. MH ' I' - I I I SURFACE DRAINAGE DIRECTION FL04LNNE ELEVATIONJ. 50.00 A3D SVC I 1 GRADE BREAK G@ S±DEVJALK ELEVAD:V S0.� FNISHFD GRADE ELEVATION �i TOP OF WALL ftCVA 0ON —Ty HfGH POINT ELEVA TIO'1 -- H BOTTOM OF WAIT FLEVA710'J s,y� i { i - NZO 21 22 I { TOP OF CURB ELEVATION saoo 3 FF='1755,B7 FF=1755.87 FF {757.00 j I rc CONTOURS 1 I PROJECT EX CATCH BASIN BOUNDARY CONTOUR INTERVAL = 7 t ' xI � - j I !N➢EX INTERVAL - S, _ EXISTING GROUND — F!1;'J— — FINISHED GROUND ELEV v 7 i 33% 3 iL IL H�;lI NORTH SD !,HEFT 1 GRAPHIC SCALE inch = 0 DRA4'1 BY, BRO DATE.' 11/19 110. REVISION DATE ! a CITY OF ASHLAND ��Lyg�7c�i CHECKED BY: Ar11c AAIe„ _ DATE tr/rs_��� J KESTREL PARK COTTAGES �co{Ecrna. Jul AGENCY RtOtU` PATE: B,6PCI RO E ENS AGEt.CYREAEW -_. DATE ... "-" _ GRADING PLAN "`' APPROVAL DATE $Kw bkA\VtNG_.._..,,__. il7wwwhatsbelOW. — — - k•.U. Lb.0 172i-s,liuPono-Il1197501APPROVAL: DAI£: "" 11p� �Cal[r>etoT�youd[y. �r,., au»r-saca Zf IRT I: ESCP NARRATIVE FORM PROJECT NAME: KESTREL PARK COTTAGES PROJECT GREATERTHAN 10 ACRES: NO SITE ACREAGE 1.11 AC DISTURBED AREA, 1.11 AC (TNfS PROJECT IS 14CLOOED 1Y/ 1200-C PERA9T, ➢EO TILE# 126531/EPA) LOCATION: T. 37 S. R. 2 PJ, SECT70!1 36CD, 4VIA. TAX LOT 400 LARTU➢E: 42.3099' tONGQF. _122,8686, APPLICANTNAME XOA HOLES CONTACT: MARK KHOX ADDRESS: 604 FAIR OAKS CT ASHLAND. OR 97520 TELEPHONE (S47) 621--3752 ESC CONSTRUCTION NOTES: Ont TER FABRIC SE'DIV£NTAnON FENCE 1NSTA4LED AT 7F1E LOCATIONS SHO4N PFR DETAIL NO. RD1040, SHEET £2. /1 PROPOSED AND EXISTING STORM DRAIN INLETS SHALL BE PROTECTED l BY INLET BARRIERS PER DETAIL NO. R01015, SHEET E.2. OCONCRETE WASH-OOF PER RD1070, SHEET E2, OR APPROVED EQUAL. LOCA7701 PAY VARY. SEEDING NOTES: HmRosEEo SEED MIX- 35,7 HARD FESCUE 35.z 5H£CP FESCUE IOX CANADA BLUEGRASS 209 ANNUAL RYE SEED SHALL BE APP00 AT A YMPPOV RATE- OF 75 LBS/ACRL THE CONTRACTOR SHALL APPLY A COifkfERCJALLY PREPARED FFRl?02FR WTH TH£ ANALYSIS OF 16-20-D--19, APPLIED AT A RATE OF 250 LBS/ACRL AIULCH SHAL I. BE APPL1£D AT A RATE OF 2000 LRS/RCRE. UOLCH SHALL BE l4RUN WOOO CELLU{OSE F1BFR SPECIFICALLY PROCESSED AS A H177ROSEEOfNO VULCH AND CONTAIN NO CROIYTH 04 GERAGNA710,V INHIBITING FACTORS TACKIT7ER SHALL BE APPLIED AT THE RATE OF 40 POUNDS PER ACRE MOTE: CONTRACTOR TO PHASE CLEARING AND GRADANG TO THE MAXIIfUAJ EXTENT POSSIBLE TO PREVENT AREAS OF EROSION. CONTRACTOR TO APPLY 7£MPORARY HSDROSEFO OR OTHER APPROVED BNP TO ANY AREA THAT IS CLEARED AND NOT TO RE 11ORKED WTHI.4 A 14 DAY PERIOD. CONTOURS CONTOUR INTERVAL = Y INDEX INTERVAL = 5' EXISRNG GROUND F!E'✓ F7141SHED GROUND -- ELEV ------ HARDSCAPE DRAINAGE DlRECUON SURFACE DRANIACE DIRECTION r-vM GRAPHIC SCALE -__ � CONTRACTOR SHALL Bi= -. a ADVSED THAT TEiIS PLAN 11C FEET I iS FOR EROSfCN CONTROL 1 inch = 20 11 PURPOSES ONLY, R£vslav DArE BY CITY OF ASHLAND ➢CHECKED BYaROx, AV& DATE: 11/19 AO DOW THE COTTAGES AT KESTREL PARKENCINEPRI �G AccNcr REAFvDATE: CIVIL IMPROVEMENTS _ CU��,S�-�,rl AGENCYReu£vr. _ DATE; €---�"'--- ON EROSION & SEf)lf.PENT CONTROf. PLAN ORALYiNC,NO. Knowwhatsh8l0W. APPROVAL. OATF: 01YIa � P.0. IIU� E72i � dHiE1FOFJFI-mt a95ai � 6' Call heforeyoudig, Pu.Is4f>na-s2aa APPROVAL: DATE: - Tpfggy2lmtif%. E.I =RE akY[N 0.uf GT01 lAS4 fi-OFHTFRGLY- JE�Y 1 =� Iv, ^ . E[OYl1EFN « SCCT[O4A-A SfAXfMf£IYFAh9 [laTIXMf SFYE`[YA2- ]ETE 1 AJ YFLhA1F51*%4T'E f�YT K'io »�lC- nY1 e f rye u.y.•a is a4..,.>e_tn-,e,. ,..�a•o to F ewr�a�.va�w. 'v ea its .................. xA4 Y&lT lFF�S.W.TPN AT CO?hTI Pi FAPIEFI'!Il\F sue+ �eE n ! - �i —f�'Ej� [S£LSY SIA+mrA>D?J A''if5^ v.. Ve � �'I^"."", sa+dV>< iyarae.-uha.rtt SEa YLn IEKE Si01xR�xiix xXi StE[11S R34EP E1[5 CPh\£[TON xxT SEnaic rnT-vt/+SP, \<Ct1PlF _ Fly. , �j; $YAiSE PEY0.'l .ww _�.. xn�m..v-�a� [•F£SCN SILWL40PI'NWS e•SECSlPV A.A+ y �N���i cw[✓nctxxr.wwlaus CQKW-EF ]NLC(N4VI PVfF.iC!tT- iv�'.aru-�wo- -_ Erlwve.. o. ue b.e.mbri.1014-Yn if. NSi RO1016 DRAS r nr DAre ra R£wsrav - — — ATE By� ���� c CITY Of AS Srntic cxrcxcD Rr. _ DATE �� _ —_ _ — �c� i Fs HLAND ! � - e a l CIVIC IMPROVEMENTS IENTS Pao:ecrHo_ 11 p .......... )E\Gl\Ii ECT NAME IRING AGEIICY RE�/iEV.:- DATE: Ik - t'O,�r<Str�-- s ! 1AGFNCY RfY£S5^ nArF: EROSION & SEDIAWNT CONTROL PLAN 17UW WI'18iS below. "•. APPROVAL: .. .--. DA K€I v,n,isnxuz}aieuemtcr-nrEersoi 1 —._ E.2 ...... ____ .. a��xFs Ex ' Call before you dEg. i'FI. (3+n vvs azen APPROVAL: DATE: a HIM OLD -Z -_7 iw, 0 —1. 2619 - Rr 31. �nzo.,� M.ME nsruulwns L T =71 - WASWAAMSMI MT" Nti UOCsl11 . .. . ......... . —A A co,,M4 a N9 V.n TO RA�YIOLE cmJCi1PN 0, R-- To VA-o� 31. 20?0 lxrl--,l 6 we s¢L.r SRTN BB ALL STANDARD DETAILS ARE PROVIDED FOR REFERENCE ONLYIII IT IS THE CONTRACTOR'S RESPONSIBILITY TO VERIFY AND USE THE MOST CURRENT CITY ACCEPTED STANDARD DETAILS. BMW BY. DRO DATE.- 11119 r.D. PEVISON DATE BY c D 'ffk,'KFD Ry. MW', APB DATE]' 11119 PRO'ECTNO. AGENCY RFIAEIV DATE, .......... . . . ........... ........ .... . --] CITY OF ASHLAN KESTREL PARK COTTAGES r!,NGI, EE IN CIVIL IMPROVEMENTS cc REVIEW.' DATE: DRAWNG 140 DATE.- . . . . . ........... DETAiLS APPROVAL. Kwwwhat'shelow P.0.110N YA Call beforeyou'dig. P11. 541)7;9-52Gn APPROVAL: DATE. 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LIX _� 11 uYN HNLa£ M95TFIG:TgH FOR KEW.'hY YAn.EY EARI7A 1 101TA9lECaWa (NZ=.XAVx59a u,rt rna,onv. u.uraq®•yvv«, I-�s+v,xx ". +s __- �..- ALL STANDARD DETAILS ARE PROVIDED FOR REFERENCE ONLYIII IT IS THE CONTRACTOR'S RESPONSIBILITY TO VERIFY AND USE THE MOST CURRENT CITY ACCEPTED STANDARD DETAILS. -- DRAWN BY 8RO DATE.' !1/19 I NO. REV51011 DATE I ➢Y — CITY OF ASHLAN 4 gT1iUCrrO CxL'C,cfP BY. )A:4X AUB ---- ---- ➢Are n/19 �_ — ..........- _.. _ _I _� ���C�� Ir <f 7 ......... __--------ano;LCTRHo. ➢Art L _ _ 37 KESTREL PARK COTTAGES cols e AGENCYREOEIY Dare __ � 4 CIVIL IMPROVEMENTS w ov rnNc NO. 1 APPROVAL: 114TF: .._. ___. '1 -1 a `�' „ DE FAILS rn.narL7sa-3LcnLo:o-Olt s:soLKnwwhatsbelow. APPR_OV-AL: ._._..... _ VATF, ........__.. cj Calil0@}(ldlg.I R1�u2.ag7` ft After Recordin Return to: KDA Homes, LLC 604 Fair Oaks Ct. Ashland, OR 97520 Grantor: KDA Homes, LLC 604 Fair Oaks Ct. Ashland, OR 97520 Grantee: Kestrel Park Homeowners Association 604 Fair Oaks Ct. Ashland, OR 97520 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS KESTREL ,PARK SUBDIVISION, PHASE 2 A PLANNED UNIT DEVELOPMENT KDA HOMES, LLC, an Oregon linxited liability conipany,'is the Owner in fee simple of real property commonly referred tows Kestrel Park.Subdivision.Planned Unit Development, Phase II Area 3 (hereinafter referred to as'."the Cottages") located in the City of Ashland, County of Jackson, State of Oregon,' fior the express purpose of causing purchasers and owners of said Property described in Exhibit °`A," attached hereto and incorporated herein by this reference, and made a part hereof, to be subject.to, and enabling them to enjoy the benefits of the following covenants, conditions, restrictions, easements, and:limitations. Tire Cottages are part of a larger development of real property_ located in. the City of Ashland, County of Jackson more particularly described in Exhibit "B" attached hereto & incorporated herein by reference. RECITALS INTENT AND PURPOSE A. Kestrel Park Cottages is a Class I Planned Community and is subject to the Planned Community Act. (ORS 94.550-94.783). B. The Bylaws have been adopted under ORS 94.625 and shall be recorded herewith. DECLARATION Now, therefore, Declarant hereby declares that the Cottages shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied, and approved subject to the following covenants, conditions, and restrictions all of which are in furtherance of a plan for the subdivision, l - CCRS - KESTREL PARK COTTAGES Received 4.32020 improvement, and sale of the Cottages, and of enhancing and perfecting the value, desirability, and attractiveness of the Cottages. All the covenants, conditions, and restrictions herein set forth shall run with the Cottages and shall be binding on all parties having or acquiring any right, title, or interest in the Cottages or any part thereof and shall be for die benefit of each Owner of any portion of the Cottages or any interest therein and shall inure to the benefit of and be binding upon each successor in interest of such Owners. NAME The naive by which the Cottages shall be known is Kestrel Park Cottages, a Planned Unit Development. ARTICLE 1 DEI' IRITIONS In addition to the terms defined in ORS Chapter 94 and elsewhere defined berein, the following terms shall have the following meanings whenever used in this declaration. 1.1 Articles: Bylaws. The Bylaws are recorded. herewith in the Official Records of Jackson County, attached as Exhibit,"D"', and incorporated herein by reference and rnade a part thereof. 1.2 Association. The Kestrel Park Cottages Homeowners Association. 1.3 Attached Units.Any of the Dwelling Units in.. the Cottages that are connected to an adjacent Dwelling Unit. These are on Lots 17,. 18, 20, 21, 24, 25, 26, 27, 28 & 29. 1.4 Board. The Board of Directors of the Association, 1.5 City Code: The code and any other relevant ordinances, laws, or regulations of the City of Ashland, Oregon . 1.6 Common Area/Open Space. All of the property less the Lots as defined in Section 1.11 below, as depicted in the site plan at Exhibit "C" incorporated herein by reference, and which includes open space, street trees, covered parking and concrete walkways. 1.7 Cottages. ': All the real property described on Exhibit "A" attached hereto, commonly referred to as Kestrel Park Subdivision, Phase Il, Area 3. 1.8 Declarant. KDA Homes, LLC, its successors and assigns. 1.9 Declaration. This Declaration as from time to time amended or supplemented. 1.10 Dwelling Unit. The residential structure, including any patio, porch, yard or other physical appurtenance to such structure, constructed on a Lot by the Declarant or by a successor Owner. Dwelling Unit is also referred to as a "Dwelling." 2 — MRS — KESTREL PARK COTTAGES Received 4.3.2020 1.11 Fiscal Year. The fiscal year shall run from January I through December 31 1.12 Lot. That portion of the Cottages conveyed or to be conveyed by the Declarant to an individual Owner in fee simple. For the purposes of this Declaration, a Lot shall exist from and after the date of recording an instrument making such Lot subject to this Declaration. 1.13 Mortgage. Mortgage or a deed of trust of record encumbering a Lot. The term "mortgagee" shall include the beneficiary under a deed of trust and the vendor under a recorded land -sale contract or recorded mcn€orandu€n of a land -sale contract. 1.14 Owner. The record Owner or Owners, if more than one, of a Lot, including Declarant and including a vendee under a recorded land -sale contract or recorded memorandum of land -sale contract. 1.15 Private Outdoor Space. The portion of a Lot not occupied by the Dwelling Unit, subject to maintenance by the Lot owner. 1.16 PUD. Kestrel Park Planned Unit Development, consisting of all the real property described in Exhibits "A" & "B" hereto.' 1.17 PUE. Public Utility Easement as shown on the.final plat of this PUD. 1.18 ,Solar Reserve'Area (SRA). A:Solar Reserve Area is an area on a Dwelling's roof, that is optimally designed to accommodate solar.panels without disruptions by vents or other penetrations. Each Dwelling within the Cottages.has been designed with a SRA, upon which solar panels will be installed byDeelara3it. 'as. part of the initial coast€ action of the PUD. 1.19 Successor Owner. The owner of a Lot purchased from Declarant or purchased from another Successor Owner. 1.20 1` )laves Encroachment Area. That approximately 12" area upon which roof eaves encroach upon the. Common Area, in the approximate location depicted on Exhibit "C". 1.21 Maintenance Agre6nent. That Maintenance Agreement recorded in tine official records of Jackson County on as Document no. setting forth the shared obligations for maintenance of the PUD. ARTICLE 2 ASSOCIATION 2.1. Organization. Tine Association is a nonprofit corporation charged with the duties and vested with the powers prescribed by law and set forth in the Articles, the Bylaws, and this Declaration, Neither the Articles nor Bylaws shall, for any reason, be annended or otherwise changed or interpreted so as to be inconsistent with the Declaration. In the event of ally such inconsistency, the provisions of this Declaration shall prevail. The Board, and such officers as the 3 — CCRS — KESTREL PARK COTTAGES Received 4.3.2020 Board may elect or appoint, shall conduct the affairs of the Association in accordance with the Articles and Bylaws as from time to time amended. 2.2 Membership. Each Owner shall be a Member of the Association and shall be entitled to one membership for each Lot owned. Each Member shall have the rights, duties, and obligations set forth in this Declaration, the Articles, the Bylaws, and the Association Rules as the same may from time to time be amended. The membership of each Owner in the Association shall be appurtenant to the Lot giving rise to such membership and shall not be assigned, transferred, pledged, conveyed, or alienated in any way except upon the transfer of title to such Lot and then only to the transferee of title thereto, Any transfer of title to a Lot shall operate automatically to transfer the membership in the Association appurtenant thereto to the new Owner thereof. For purposes of membership, the recording of a land --sale contract or memorandum thereof shall constitute a transfer of the title to a Lot. 2.3 Votin (a) Members Entitled to Vote. Only Members of the Association shall be entitled to vote. The voting privileges of Members shall be as provided herein. Any action by tire Association which must have the approval of the Association membership before being undertaken shall expressly require the vote or written assent of a prescribed percentage of the total voting power of the Association as more particularly stated within the Declaration. The Association shall have two classes of voting; (1) . ` Class A Members. Class A Members shall have one (1) vote for each Lot. When more than one person owns a single Lot, all Owners shall be Members of the Association. However, the vote for each Lot must be cast as a unit, and fractional votes shall not be allowed. In the event that joint.Owners are unable to agree among themselves as to how their vote or votes shall be cast, they shall lose their right to vote on the matter in question. If any Owner (or Owners) casts a vote representing a certain Lot, it will thereafter be conclusively presumed for all purposes that such Owner(s) was acting with the authority and consent of any other Owners of said Lot. The right to vote may not be severed or separated from the Lot ownership to which it is appurtenant, and any sale, transfer, or conveyance of such Lot to a new Owner(s) shall operate to transfer the appurtenant vote without the requirement of any expressed reference thereto. (2) Class B Members. The Class B Member shall be the Declarant, its successors and assigns. The Class B Member shall be entitled to three (3) votes for each Lot in which it holds the interest required for membership as provided in Section 2.3(a) above. Class B membership shall be converted to Class A membership and shall forever cease to exist when one - hundred percent (100%) of the lots are conveyed to retail Owners other than Declarant, (b) Voting Procedures. Any vote may be cast in person or by proxy. All proxies shall be in writing, dated, and signed by the Owner giving the proxy and filed with the Secretary before the commencement of any meeting. The proxy shall terminate eleven (11) months after its date, unless the proxy specifies a shorter terra. Every proxy shall auto►natically cease upon the sale of the Lot by the Owner and upon the death or incapacity of the Member who executed the proxy. 4 — CCRS — KESTREL PARK COTTAGES Received 4.3.2020 (e) Declarant's Right to Vote. Notwithstanding any other provision of this Declaration, and except as provided in Section 10.1, ally provision of this Declaration that provides for approval by a prescribed percentage of Members' votes, other than tine Declarant, shall be effective and construed also to require the affirmative vote of a majority of the total votes of all Members, including the Declarant. (d) Susnennsion of Voting Rights. The voting rights of an Owner shall be suspended during such period as any assessment due hereunder from such Owner remains unpaid; provided, however, that the Board shall give any such Owner at least fifteen (15) days' notice prior to such suspension and such Owner shall be entitled to a hearing Before the Board in accord with Section 3.4 of the Bylaws. 2.4 Initial Board of Directors. The initial Board sliall be appointed by Declarant. Thereafter, the Board shall be elected as provided in the Bylaws. 2.5 Duties of the Association. The Association shall have the obligation and duties subject to and in accordance with this Declaration to. do and.perform the following acts for the benefit of its Members and for the maintenance and improvement as follows: (a) Common Area Maintenance and Operation. To maintain and otherwise manage the Common Area, after such propertyiia.conveyed or otherwise transferred to it, all improvements located thereon, all easements for operation and maintenance purposes over the Conunon Area, and all easements for the benefit of Members and the Association within the Common Area. Tlne.: Corumon Area includes. but ; is not limited to, landscaped open space, pollinator garden, lnardscape, pedestrian pathways, street trees located on the Cottage property, sidewalks adjacent to public right-af--way, parking area, carports and bio-swales. The Association's duty to maintain the Conunon.Area includes: (1) Removal of any debris deposited by winter storms; (2) Annual (spring) inspection and start up of irrigation system; (3) Annual (fall) maintenance of the irrigation system, including inspection of heads, winterization and coverage; and (4) Semi-annual maintenance of porous concrete in parking area. (b) Utilities.`. To acquire, provide and/or pay for water, sewer, garbage disposal and pickup, electrical, teleplionie, gas and other necessary utility services for tine Common Area. (e) Walkways, Mailboxes, Etc. The Association shall, after construction thereof by Declarant as a part of the initial development of the Project, maintain, repair, replace, reconstruct and relocate pathways, lighting, street signs, any mail and post boxes, as initially designated on the plans filed with the Association or as initially constructed by Declarant. (d) Other. To perform such other acts whether or not expressly authorized by this Declaration as may be reasonably necessary to enforce any of the provisions of this Declaration, tine Bylaws, and the Association Mules. 5 -- CCRS — KESTREL PARK COTTAGES Received 4.3,2020 2.6 Powers and Authority of the Association. The Association shall have all of the powers of a nonprofit corporation organized under the general nonprofit corporation laws of the State of Oregon subject only to such limitations upon the exercise of such powers as are expressly set forth in the Articles, Bylaws, or this Declaration. The Association shall have the power to do any and all lawfiil things which may be authorized, required, or permitted to be done by the Association under this Declaration, the Articles, and the Bylaws and to do and to perform any and all acts which may be necessary and proper for or incidental to the exercise of any of the express powers of the Association, including without limitation: (a) Assessments. To levy assessments on the Owners and enforce payment of such assessments all in accordance with the provisions of Sections 3 and 4 of this Declaration. (b) Right of Entryand Enforcement. To enter upon any Lot for the purpose of perforrnniang the duties of the Association set forth in Section 2.5 of this Declaration, in enforcing by peaceful nncans any of the provisions of this Declaration, or maintaining or repairing any area on cacti Lot in a neat and attractive manner required to be maintained by an Owner if for any reason such Owner fails to maintain or repair such area. Such. entrance upon a Lot shall be after seventy-two (72) hours' prior written notice to the Owner; provided, however, that such entrance shall be permitted upon consent of at least one Board Member without any prior notice in the event of an emergency. Ali emergency shall.be deemed to exist when there is a condition causing peril or threat to persons or property. The Association shall also have the power and authority from time to time in its own name, on its own behalf, or on behalf of any Owner or Owners who consent thereto to commence and maintain actions and suits torestrainn and enjoin any breach or threatened breach of this Declaration and to enforce by mandatory injunction or otherwise all the provisions hereof, These rights will be exercised in such a manner as reasonable to nlininiize any adverse impact upon the Owner's right of enjoyment of his/her Lot. (e) Easements and Ri hts-of-Wa . To grant and convey to any third party easements and rights -of -way in, on, over, and under the Cottages for the purpose of constructing, erecting, operating, or maintaining thereon, therein or thereunder, overhead, or underground lines, cables, wires, conduits, or other devices for the transmission of electricity for lighting, heating, power, telephone, and other purposes; public sewers; storm water drains and pipes; water systems; sprinkling systems; water and gas lines or pipes; cable T.V. lines; security system lines; and any similar public or quasi -public improvements or facilities. (d) Employment of Manager. To employ the services of a person or firm to manage The Cottages and the affairs of the Association (the "Manager") to the extent deemed advisable by the Board, as well as other such personnel as the Board shall deem to be necessary or proper for the operation of the Cottages, whether such personnel are employed directly by the Association or are fin-»islned by the Manager. (e) Services. To contract for materials and/or services for the Cottages or the Association. Any such service contract or management contract pursuant to Section 2.6(d) of the Declaration shall be subject to termination by either party without cause upon thirty (30) days' notice in writing to the other party. G — CCRS — KESTREL PARK COTTAGES Received 4.3.2020 (f) Rules. By majority vote of the Board and from time to time to adopt, amend, enforce, and repeal such rules and regulations as the Board shall determine to be necessary or proper to the operation of the Cottages (the "Association Rules"). The Association Rules shall govern the use of the Cottages by any Owner, by the family of such Owner, or by any invitee, licensee, or tenant of such Owner, provided, however, that the Association Rules may not discriminate among Owners and shall not be inconsistent with this Declaration, [lie Articles, or Bylaws. A copy of the Association Rules, as they may from time to time be adopted, amended, or repealed, shall be mailed or otherwise delivered to each Owner. Upon such mailing or delivery, the Association Rules shall have the same force and effect as if set forth in and a part of this Declaration. The Association Rules shall not materially cha►ige'the rights or privileges of any person or the restrictions on any Lot as herein set forth. ARTICLE 3 FUNDS AND ASSESSMENTS 3.1 Operating Fund. Tire Association shall establish and maintain an operating ftmd into which shall be deposited all moneys paid to theAssociation as regular, specia], and emergency assessments and miscellaneous fees and from which fund the Association shall make disbursements in the performance of its rights and duties as provided for in this Declaration. 3.2 Reserve Fund. The Association shall also establish and maintain a reserve fund for replacement of all items of Common Area which will normally; require replacement in whole or in part in more than three (3) and less than thirty (30) years including but not limited to: exterior painting, if the Co€mngii>Area includes exterior painted surfaces, repaving/resurfacing of parking area and drive aisles and/or walkways; and for such other items as may be required by this Declaration or the Bylaws. Declarant May defer payment of accrued reserve assessments for a Lot until the Lot is conveyed. Tire gooks and records of the Association shall reflect the amount owing from Declarant for all reserve assessments. The Board annually shall review and, if necessary, update ;the reserve study:apd existing maintenance responsibilities for the Common Area to deterrnine.the reserve accouEat requirements as provided in ORS 94.595 as it may be amended from time to time.The operating fund and theareserve fund shall be kept in separate accounts. 3.3 Regular Assessments. Within forty --five (45) days prior to the beginning of each fiscal year, tl€e Board shall estimate the costs and expenses to be incurred by tire Association during such fiscal year in performing its.rights and duties under this Declaration, including a reasonable provision for unanticipated expenses and replacements and less any anticipated surplus from a prior year's find provided that the Board may not, without the vote or written assent of the majority of the voting power of the Association residing in Members other than the Declarant, impose a regular annual assessment per Lot which is more than twenty percent (20%) greater than tine Regular Assessment for the inuuediately preceding fiscal year. Such estimated amount shall be assessed equally to the Owners. The amount per Lot so assessed to each Owner is called the "Regular Assessment." The Regular Assessment shall include the Association's share of maintenance for the PUD, as provided in the Maintenance Agreement. 7 -- CCRS — KESTREL PARK COTTAGES Received 4.3.2020 3.4 Special or Emeraenev ,Assessments. In addition to the Regular Assessments, the Board may levy dining any fiscal year a special or emergency assessment applicable to that year only for the purpose of defraying in whole or in part the cost of any construction, reconstruction (including reconstruction costs in excess of insurance proceeds), repair of any continon watered areas or utilities, unexpected repair or replacement of a capital improvement, including the necessary fixtures and personal property related thereto, or any extraordinary expenses not contemplated by this Declaration of whatsoever nature provided that in any fiscal year the Board may not, without the vote or written assent of a majority of the voting power of the Association residing in Members other than the Declarant, levy special or emergency assessments to defray the costs of any action or undertaking on behalf of the Association which in the aggregate exceeds five percent (5%) of the budgeted gross expenses of the Association for that fiscal year. No special or emergency assessment shall be levied with respect to the. initial construction of the Cottages, it being understood that all such construction shall be at the sole cost and expense of the Declarant. Except as otherwise provided herein, special and erergency assessments shall be assessed to the Owners equally and shall be paid as the Board shall. determine. The provisions herein with respect to special and emergency assessments do not apply in the case where the special assessment against a Member is a remedy utilized by the Board to reimburse the Association for costs incurred in bringing the Member and his/her Lot into compliance with the provisions of this Declaration or the Bylaws. 3.5 Reimbursement Assessment. The Board shall levy an assessment against any Owner who has failed to comply with or has breached this Declaration or the Association Rules or Bylaws for whom moneys or expenses were expended or incurred by the Association from the operating fiord in performing its functions or enforcing the provisions of this Declaration, the Association Rules, or Bylaws. Such assessment shall be for the purpose of reimbursing the Association and shall be limited to the amounts. so expended or incurred, along with any penalties or interest, and shall be duc and payable to the Association when levied. 3.6 Payment of Assessments.' Each Owner shall be obligated to pay Regular Assessments made pursuant to this Article 3 to the Association in equal monthly installments on or before the first day of each month in advance or in such other manner as the Board shall designate. The Board shall provide each Owner with a statement of the annual assessment within ten (10) days prior to the beginning of each fiscal year but sliall not be obligated to provide monthly statements to any.Owner thereafter. Special assessments shall be payable in such manner as the Board shall designate:. , 3.7 Commencement of Assessments. The Regular Assessments shall continence as to each respective Lot upon the close of the sale of the Lot to someone other than the Declarant. The first Regular Assessment shall be adjusted according to the number of months remaining in the fiscal year, and the initial payment due with respect to a partial month from an Owner, other than the Declarant, shall be prorated as of the close of escrow for the purchase of such Owner's Lot. Notwithstanding any other provisions herein, in the event that assessments benefit fewer than all of the Lots such costs may be assessed exclusively against those benefitted Lots. 8 — CCttS — KESTREL PARK. COTTAGES ARTICLE 4 Received 4.3.2020 ENFORCEMENT OF ASSESSMENTS 4.1 Covenant to Pay Assessments. Declarant covenants for each Lot owned and each Owner, other than Declarant, by acceptance of a deed to a Lot, shall he deemed to covenant to pay assessments levied in accordance with Article 3. 4.2 Enforcement. Each assessment levied hereunder shall be a separate, distinct, and personal debt and obligation of the person who is the Owner of such Lot at the time such assessment became due and payable. hn the event of a default and payment of any such assessment, the Association nnay enforce each such obligation by any and all remedies provided by law. In the event the Association brings an action to enforce each such assessment obligation, any judgment rendered in any such action shall include a suns for reasonable attorney fees in such amount as the court may adjudge against the defaulting Owner, including.reaso.nable attorney fees on appeal. At any time when an assessment of any type provided for by this Declaration or an installment thereof is delinquent, the Assoc iation,..by and through its Board or designated agent, may file a notice of lien in the deed records of Jackson County, Oregon, against the Owner and Lot to which the assessment pertains as provided by ORS 94.709. ARTICLE 5 LANDSCAPE AND ARCHITECTURAL. CONTROL, 5.1 Board Review of Landscape and Architectural Plans. It shall be the duty of tine Board to consider and act upon any and all proposals or plans submitted to it pursuant to the terms hereof to ensure that overall building designs, roof pitch, painting or exterior coverings, window placements and sizes, or improvements constructed, which shall also include landscaping and plantings, in the Cottages by anyone other than Declarant, conform to plans approved by the Board. No person shall make any alterations to the exterior of a Dwelling Unit until the complete plans and specifications showing the location, nature, shape, height, and form of change (including without .limitation any other information specified by the Board) have been submitted to and approved in.writing as to overall appearance and harmony of design and location in relation to the surrounding structures and topography by the Board, 5.2 Architectural Rules. The Board may, from time to time, in its sole and absolute discretion, adopt, anteznd, and repeal rules and regulations to be known as "Architectural Rules." Said rules shalt inteiprct, and. implement this Declaration by setting forth (lie standards and procedures for any Board review and the design guidelines for architectural design, placement of buildings, landscaping, exterior finishes, and materials, and similar features which are reconunended for use within the Cottages. These rules shall not conflict with the special limitations set forth in this Declaration. 5.3 Application for Approval of Improvements. Any Owner, except the Declarant and its designated agents, proposing to perform any work of any kind which requires the prior approval of the Board pursuant to any provision in this Declaration, shall apply to the Board for approval by notifying the Board of the nature of the proposed work in writing and furnishing such information as the Board may require. 9 --- CCRS - KESTREL PARK COTTAGES Received 4.3.2020 5.4 Approval/Disapproval. All approvals given under this Article 5 shall be in writing. If a requested approval has not been granted within forty-five (45) days from the date of submission of all information requested by the Board, the proposal shall be deemed approved. The Board's decision shall be final. 5.5 Con►pletion of Work. An Owner shall complete the construction, reconstruction, refinishing, or alteration of any such improvement within twelve (12) months after commencing construction thereof, except for so long as such completion is rendered impossible or will result in great hardship to the Owner due to strikes, fires, national emergencies, natural calamities, or other supervening forces beyond the control of the Owner or hislher agents. If the Owner fails to comply with this Section 5.5, the Board shall proceed in accordance with the provisions of Section 5.6 as though the failure to complete improvement were:. noncompliance with approved plans. Landscaping on each Lot shall comply with the Cottages approved, landscape i31an. 5.6 I€€spection of Work. Inspection of work and correction of defects therein shall proceed as follows: (a) Upon the completion of any construction or reconstruction or the alteration or refinishing of the exterior of anyimprovements or upon the completion of any other work for which approved plans are required under this Article 5, the Owner shall give written notice thereof to the Board. (b) Within forty-five (45) days .thereafter, the Board or its duly authorized representatives may inspect such improvement to determine whether it was constructed, reconstructed, altered; or refinished to substantial compliance with the approved plans. If the Board finds that such construction, reconstruction, alteration, or refinishing was not done in substantial compliance with: the approved plans, it shall notify the Owner in writing of such noncompliance specifying particulars of noncompliance and shall require the Owner to remedy such noncompliance. - (c) If upon the expiration of thirty (30) days from the date of such notification, the Owner shall.have failed to remedy such noncompliance, the Board shall set a date on which a hearing before the Board shall be held regarding the alleged noncompliance. The hearing date shall be not more than thirty (30) days nor less than fifteen (I5) days in advance of notice thereof by the Board to the Owner, and in the discretion of the Board, to any other interested party. The hearing procedure shall conform to those adopted by the Board pursuant to the Bylaws. (d) At the hearing, the Owner, and in the Board's discretion, any other interested person, may present information relevant to the question of the alleged noncompliance. After considering all such information, the Board shall determine whether there is a noncompliance, and if so, the nature thereof and the estimated costs of remedying the noncompliance. If noncompliance exists, the Board shall require the Owner to remedy or remove the same within a period of not more than forty-five (45) days from the date of the Board ruling. If the Owner does not comply with the Board ruling within such a period or within any extension of such period the Board, in its discretion, may either remove the nonconipliant improvement or remedy the 10 — MRS — KESTREL PARK COTTAGES Received 4.3.2020 noncompliance and the Owner shall reimburse the Association for all expenses incurred in connection therewith upon demand. if such expenses are not promptly repaid by the Owner to tite Association, the Board shall levy a reimbursement assessment against such Owner pursuant to Section 3.5 hereof. (e) If for any reason the Board fails to notify the Owner of any noncompliance within forty-five (45) days after receipt of said notice of completion from the Owner, the improvement shall be deemed to be in accordance with the said approved plans. 5.7 Liability. Neither the Board nor any member thereof or their delegates shall be liable to the Association or to any Owner for any damage, Loss, or prejudice suffered or claimed on account of (a) the approval or disapproval of plans, drawings, and specifications whether or not defective; (b) the construction or performance of any pork whether or not pursuant to approved plans, drawings, and specifications; (c) the development of any property within the Cottages; or (d) the execution and filing of all estoppel certificate whether or not 'the facts therein are correct, provided, however, that such member has acted in good faith on the basis.of such information as may be possessed by said Board member. Without in any way limiting the generality of the foregoing, the Board or any member thereof may, but is not required to, consult with or hear the views of the Association or any Owner with respect to:any plans, drawings, specifications, or any other proposal submitted to the Board.' ,Approval by the: Board does not mean the Board is warranting or incurring any liability for the structural adequacy of the plans, drawings, and specifications submitted to and approved. by said Board. Plans,'' specifications, and drawings may require building permits apid other entitlements from the appropriate governmental agencies. ARTICLE 6 PROPERTY RIGHTS AND EASEMENTS 6.1 Conveyance of Common Area,. The Declarant hereby covenants for itself, successors, and assigns that prior to or at the turnover. meeting provided for in the Bylaws, it will convey fec simple title to.any cotunon area to the Association free and clear of all liens and encumbrances except the covcnants;'conditions, and restrictions herein set forth, easements, and utility rights -of -way then of record. All said facilities shall be for the use and benefit of the Owners, tenants, .guests and licensees in file Cottages. 6.2 Easements in Common Area. livery Owner shall have a right and nonexclusive easement of enjoyrnent in and to the Common Area and any easements shown on the final plat, a nonexclusive easement for; ingress and egress over and through the Common Area, and a nonexclusive easement for vehicular ingress and egress over and through those portions of the Common Area which shall be designated as a driveway or parking area as depicted an the Plat. Such easements shall be appurtenant to the right of the Association to sell, transfer, or encumber all or any portion of the Common Area to a person, firm, or entity, whether public or private, and the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Owners. No such sale, transfer, encumbrance, or dedication shall be effective except upon compliance with the City's Land Use Ordinance arid current final order of approval for the Cottages, and the prior vote or written consent of Members representing sixty-six and two-thirds lfQKyR.� V oT.g1�17oi117�7.ZKl7iWiF[ii�i.9 Received 4.3.2020 percent (66 and 2/3%) of the total voting power of Members without any weighted vote; provided, however, that a dedication required by a governmental agency as a condition to recording a final plat covering any portion of the real property shall require no such prior vote or written consent. 6.3 Utility Easements. Each Lot shall be conveyed to Owners, other than Declarant, subject to any and all easements of record for the use and benefit of several authorized public and/or other utilities, including but not limited to cable T.V., sanitary sewer, water, gas, electrical, and drainage easements, and no Owner shall damage or interfere with the installation or maintenance of such utilities or in any manner change the direction or flow of drainage channels in any such casements or in any manner construct or retard the flow of water through drainage channels in any such easement. 6.4 Easements Granted by Owners of Lots. 'Declarant hereby declares a non- exclusive easement of ingress and egress to the Association, on behalf of Owners accepting title to I..ots, their successors and assigns, to that portion of an Owner's Lot as may be reasonably acquired by the Association to exercise and otherwise perform its rights under Section 2.5. Each Owner hereby further grants to each other Owner, by accepting title to a Lot, a non-exclusive right of passage on and over such pathways or sidewalks that traverse over its Lot to an adjoining accessway, Lot or Lots for the further purpose of access to and from any mail or post boxes. 6.5 Matchline Easement on Lots. The Lots have shared or common use building elements and utilities that cross property lines, including, but not limited to: fire walls, foundations, structural sheathing, connectors, porches .and porch. coverings;decks, eaves and overhangs, roofing, flashing, rain gutters and downspouts, exterior finish materials, rain drains, footing drains, storm water facilities, driveways, electrical lines; television cable and telephone lilies that are shared or used in common or necessary for lateral stability or that cross common property lines (hereinafter "Elements") Declarant hereby declares on behalf of Owners accepting title to Lots, their successors and assigns, for.any Bart of the original Elements which encroach upon any other Lot, a valid easement for such encroachment. and the maintenance thereof so long as it continues, shall and does exist. Iii.the event any portion thereof is partially or totally destroyed and then rebuilt, minor encroachments of any parts of the structure or Elements due to construction shall be permitted and valid easements for such encroachments and the maintenance thereof shall exist. 6.6 Encroachment Easement for Cornnlon Area. Declarant hereby declares on behalf of Owners, accepting title to Lots, their successors and assigns, a permanent encroachment easement for roof eaves and the. maintenance thereof, which encroach upon Common Area in the Project. In the event any portion of all encroaching roof eave is partially or totally destroyed and then rebuilt, minor encroachments of any parts of the said roof eaves due to construction shall be permitted and valid easements for such encroachments and the maintenance thereof shall exist. 6.7 Delegation. Any Owner may delegate his right of use and enjoyment to the Common Area to the Members of his family or tenants who reside on his Lot. Tenants shall not have the right to further delegate the Owner's right to use and enjoy the Common Area, As to tenants, such Owner shall notify the Association in writing of such delegation and the names of such delegees. The rights and privileges of any delegee shall be in accordance with and subject to this Declaration; provided, ]however, that the Owner making such delegation (and his Lot) shall 12 - CCRS - KESTREL PARK COTTAGES Received 4.3.2020 remain liable for the assessments herein provided for and subject to all of the terms and conditions of this Declaration. ARTICLE; 7 ATTACHED UNITS 7.1 Maintenance, Repair of Attached Unit. Owners of Attached Units shall be jointly and proportionally responsible for the repair and maintenance of the exterior of tire shared building as well as the Party Wall (collectively "Attached Unit Common Elements"). Maintenance and repair responsibilities shall include, but are not limited to,.exterior paint, siding, roof gutter and roof repair and party walls. (a) Definition, General Rules of Law to Apply. Each wall that is built as a part of the original construction of two Attached Units and that is placed on the dividing line between the two Attached Units shall constitute a Party Wall, Party Walls shall include the studs, blocking, insulation, cement and airspace lying between the wallboard of nne Dwelling Unit and the wallboard of the other Dwelling Unit sharing the wall. Party Walls .shall not include the wallboard, paneling, sheetrock, tiles, wallpaper and paint on the interior of the Party Wall, all of which shall be considered part of tlie..pwelling Unit and.the maintenance of which shall be the responsibility of the Owner of the Dwelling Unit. General rules of law regarding Party Walls shall apply to the Party Walls of the two attached Dwelling Units to the extent that such rules are not inconsistent with the provisions of this Declaration. (b) Utility Easements. Each Owner shall have an easement through the Party Wall for the purpose of installing,' repairing, replacing or maintaining utility lines, wires, pipes and conduits. 7.2 Common Elements, Danrase Caused by Owner. Notwithstanding any other provision of this Declaration, an.:Owner who.by Iris or any of his occupants, guests, tenants, licensees, agents, or Members of his farnily's negligent or willful act causes the Attached Unit Common Elements to be exposed to the elements, or othenvise be damaged, shall bear the whole cost of furnishing the necessaiyprotection against such elements and all repair, subject, however, to reimbursement and/or contribritions from available insurance policies. 7.3 Condemnation. In the event that all or any portion of a party wall, Attached Units, and/or a Lot is appropriated as the'iesult of condemnation or threat thereof, the following rule and guidelines shall apply; (a) Allocation of Condemnation Award. Any condemnation award received by the Owners with respect to a party wall, Attached Unit(s), or a Lot shall be allocated to the Owners in proportion to the diminution in fair market value incurred by them with respect to their respective Lots and Dwelling Units as a result of said condemnation. (b) Repair. and Restoration. Any such condemnation award shall be used to repair and restore the Dwelling Unit(s), Party Wall, or Lot if such repair or restoration is feasible. 13 — CCRS -- KESTREL PARK C017AGES Received 4.3.2020 (c) Retention of Rights. No provision of this Article shall be construed as negating the right of the individual Owners to such incidental relief as the law may provide as a result of the condemnation of a Party Wall, Dwelling Unit(s), Lot, or any portion of the foregoing. 7.4 Insurance of Dwelling Units. Each Owner of a Lot shall purchase and maintain insurance sufficient to cover any loss relating to the Lot and the Attached Unit thereon, including extended coverage for Rill replacement value of the Dwelling Unit. The insurance policy obtained by each Owner shall contain a provision whereby the insurer waives its right to any subrogation if such policy is reasonably available. Each Owner shall also purchase and maintain an insurance policy covering his interest in the Party Wall. Copies of such policies or other appropriate evidence of such insurance coverage shall be forwarded to the other Owner of an Attached Unit at least ten (10) days before the expiration of all previous insurance. If an Owner fails to furnish a copy of an appropriate insurance policy or evidence thereof within the time required, the other Owner may procure such policy in his/her own name and charge the defaulting Owner the cost of the premium. 7.5 Procedure for Maintenance of Attached Units by Owners. When, in the reasonable opinion of an Owner, maintenance, repair or replacement of an Attached Unit Common Element is needed, such Owner shall notify the other Owner of such need and the Owners together sliall determine how to complete the work. If the adjacent Owners are unable to agree on timing, cost, terms, or other details regarding maintenance and repairs, the Adjacent Owner demanding maintenance or repairs shall submit a list of three arbitrators to the other Adjacent Owner. The three potential arbitrators shall all be Oregon licensed general contractors. The other Adjacent Owner shall select one arbitrator from the list within ten days. If the other Adjacent Owner fails to notify the demanding Adjacent Owner of his choice of an arbitrator in writing within ten days, the demanding Adjacent Owner shall select the. arbitrator. Such arbitrator shall be retained to arbitrate the dispute by deternvning the appropriateness of any proposed maintenance and repairs, including, but not limited to, cost and whether such maintenance and repairs are appropriate, The arbitrator's decision shall be final; The Adjacent Owners shall each pay half of the arbitrator's fee. If one Adjacent Owner perform,, maintenance or repairs that are determined to be the joint responsibility of the other Adjacent Owner, the Adjacent Owner performing the maintenance or repairs shall be entitled to alien on the other Adjacent Owner's property in (lie amount of 50% of the cost of maintenance or repairs, plus all costs incurred in filing or foreclosing the lien, and half of the arbitrator's fee. The lien shall be foreclosed in the manner provided by ORS Chapter 87. The prevailing Adjacent Ownershall be entitled to attorney fees and half of any funds expended for maintenance or repairs agreed upon or deemed appropriate by an arbitrator. Such funds shall accrue interest at the rate of l5% per annum from the date such funds were initially incurred by Adjacent Owner. 7.6 Procedure for Maintenance of Attached Units by Board. Notwithstanding the provisions contained in Section 7.5 above, in the event that the Board determines that maintenance, repair, or replacement of an Attached Unit Common Element is needed, the Board shall notify all Owners of said Attached Units of such need and the Owners shall determine how to complete the work. If, however, such work is reasonably needed and all Owners re$rse to proceed with such work, the Board may initiate arbitration to compel repair and maintenance of the Attached Units, The Board shall subnut a list of three arbitrators to the Owners in the building. The three potential arbitrators shall all be Oregon licensed general contractors. The Owners shall collectively select 10mold@Ei.MM41IIIgll7�tiK�Ii 1IT�i ,C�la7.� Received 4.3.2020 one arbitrator from the list within ten days. If the Owners fail to notify the Board of their choice of an arbitrator in writing within ten days, the Board shall select the arbitrator. The Owners' choice of arbitrator shall be unanimous. In the event the Owners cannot agree on the arbitrator, the Board shall select the arbitrator. Such arbitrator shall be retained to arbitrate the dispute by determining the appropriateness of any proposed maintenance and repairs, including, but not limited to, cost and whether such maintenance and repairs are appropriate. The arbitrator's decision shall be final. The Board shall pay the arbitrator's fee. If the Board performs maintenance or repairs that are determined to be the responsibility of the Adjacent Owners, the Board shall be entitled to a lien on the Owners' property in the amount of the cost of maintenance or repairs, plus costs incurred in filing or foreclosing the lien. The lien shall be. foreclosed in the manner provided by ORS Chapter 87. The Board shall be entitled to attorney..fees and any funds expended for maintenance or repairs agreed upon or deemed appropriate`,hy an arbitrator. Such funds shall accrue interest at the rate of 1 S% per annum from the date such funds were initially incurred by Board. 7.7 Owners' Individual Maintenance Responsibility. Each Owner shall be responsible for and shall bear the costs of maintaining, repairing and replacing elements, which are not deemed Attached Unit Common Elements. including: windows within an Owner's Dwelling Unit; rear or front yards not within the Common Area; the fence or fence's enclosing the private yard of an Owner's Dwelling Unit; structural elements of the Dwelling Unit, other than Attached Unit Common Elements; and the .interior elements of the Dwelling Units. Such maintenance, repair, and replacement shall be done in accordancic with applicable laws, ordinances and regulations and in a workmanlike manner. Notwithstanding tile. above, fences that border a comamri property line between two Lots are deemed an Attached UnitConunonElement 7.8 Damape or Destruction to Dwelling Units - Insurance Proceeds Sufficient to Cover Loss. Incase of fire, casualty or aiiy other damage or destruction to any Attached Unit(s), the proceeds of the Owner's or Owners' applicable insurance policy, if sufficient to pay for the repair or reconstruction of the. Dwelling.Unit(s), shall be applied to such reconstruction. 7.9 Damage or Destiuction to Dwelling Unit - insurance Proceeds Insufficient to Cover Loss. Subject to the other -provisions of this Section 7.8, if the proceeds of the Owner's insurance policy are insufficient to pay for the repair or reconstruction of the damaged or destroyed Dwelling Unit(s), it shall, nonetheless, be promptly repaired. The proceeds of any Owner's or Owners' insurance policies shall be contributed to the repair or reconstruction costs of the Attached Unit(s) so insured, and each Owner shall be liable for his share of any such cost that is not paid for by insurance proceeds. 7.10 Architectural Chan es after Damage or Destruction. Reconstruction of the damaged or destroyed Dwelling Unit(s), as used in this Article 7, means restoring the Attached Unit(s) to substantially the same condition and design in ►vhich it existed prior- to the fire, casualty or disaster. I€i any event, any architectural changes shall conform to the Declaration, Design Guidelines, and any other rules or regulations promulgated by the Board or Architectural Committee. 15 — MRS — KESTREL PARK COTTAGES Received 4.3.2020 7.11 Enforeentent of Party Nail Provisions. An Owner or the holder of any first mortgage, trust deed or land sale contract on any Lot shall have the right to enforce all of the covenants, conditions, restrictions, reservations, easements, liens, and charges now or hereinafter imposed by any of the provisions of this Declaration as may appertain specifically to such parties or Owners against the Owner -of the Attached Unit. Failure by any Owner or Mortgagee to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of his or its right to do so thereafter. ARTICLE 8 USE RESTRICTIONS The use of the Lots and the Common Area shall be restricted. in accordance with the following provisions in addition to all other covenants, conditions, and restrictions herein contained. 8.1 Residential Use. The Lots and Dwelling units shall.bc used for residential purposes only as approved by the Board pursuant to Article 5 and the initial design standards of Section 5.2, except as specifically provided for in this Declaration, 8.2 Dtyellinj! Unit Snuar® I+oot Limits. The. maximum floor area of a Dwelling Unit shall not exceed square feet, exclusive of and porclies.or fenced yard areas. 8.3 Accessory Residential [hots Prohibited. Accessory Residential Units are prohibited in the Cottages i 8.4 Maintenance. Each Owner shall maintain and keep his or her Dwelling (including exterior paint, siding, and root) and Lot in a clean, sanitary, and attractive condition. Landscaping on each Lot shall be maintained in at least as good or better quality in design and nature of planting as is required by the Board at the time of initial construction of a Dwelling Unit on the Lot. if the Owner fails to maintain his/her Dwelling Unit and Lot, as required herein, the Association shall have the right to go upon the Owner's Lot and perform such maintenance pursuant to the Association's authority set forth in Section 2.6 hereof. The costs incurred by the Association shall be assessed against the Lot as a reimbursement assessment pursuant to Section 3.5. In addition, solar panels, located on a Dwelling Unit, shall be maintained by the Owner of Dwelling Unit. 8.5 Comntercial or A ricnitural Use. No industry, business, trade, occupation, or profession of any kind shall be conducted, maintained, or permitted on any part of the Cottages, unless specifically allowed by this Declaration or approved as a homc occupation by the City of Ashland and any other applicable governmental authority. No agricultural barns or sheds shall be permitted unless otherwise permitted by the City of Ashland. 8.6 Animals. Household pets, in a reasonable number, may be kept if they are solely household pets for private use and not for commercial purposes. No animal shall be allowed to make an unreasonable amount of noise or otherwise to become a nuisance. No dog shall be permitted outside of the Lot of the Owner of said dog unless it is under the control of a responsible person. Upon request of any Owner, the Board shall determine, in its sole discretion, whether for 16 -- CCRS — KESTREL PARK COTTAGES Received 4.3.2020 the purpose of this Section, a particular animal shall be considered a house pet or a nuisance. The Owner of any pet shall be responsible for cleaning up after said pet on any property within the Cottages. Any structure for the care, housing, or confinement of any house or yard pet shall be approved by the Board for its design and placement on each Lot. 8.7 Outside Storage. Storage of any materials or equipment on porches or garden areas is prohibited. Nothing herein is intended to prohibit placement of patio furniture or d6cor. 8.8 'Trash Receptacles. All trash shall be retained in appropriate receptacles. Trash and recycling service for the Cottages is provided by the Association. Owners are encouraged to utilize compost bins for personal use. 8.9 Bicycle Parking. Bicycle parking is permitted. in designated bike parking areas: under a Dwelling Unit's eaves or covered alcoves, in fenced yards, or in a centralized bicycle parking area per City Code. 8.10 Yard & Solar Panel Maintenance. Owners shall install and maintain the landscaping in their private yards and porches. Owners shall iaintain solar par els in a condition similar to their original installation. 8.11 Pesticide/Herbicide Restrictions. Synthetic:pesticides and/or herbicides shall be prohibited anywhere within the Cottages, including individual Lots. 8.12 Growing of Marijuana Prohibited. The Association desires to ensure the peace and enjoyment of propertyownerskyithin their'Lots and to reduce nuisance created from odors as a result of growing, cultivating and/or producing marijuana, arid to protect the safety, welfare and benefit of existing and future Owners of the I otswithin the Cottages. To that end, all outdoor growth, cultivation and production of marijuana is pvohibited within the Cottages. In the event this provision is challenged in a court of law .or other procceding, the Board may, in its sole discretion, amend this Declaration without a vote.of the Members to delete this restriction, if it determines that it would be in the best interest of the Association to avoid the costs of such defense. 8.13 Fire Protection Plan. The' Association and the Members shall comply with the Fire Prevention and Control Plan requirements of City Code, as per Exhibit "E" attached hereto and incorporated herein by reference. 8A4 Firearms. `' No..firearrns or archery equipment shall be used or discharged on any Lot or Common Area. However, such items may be kept inside any residence as legally permitted. 8.15 Lighting. No invasive outdoor lighting within the Cottages shall be permitted. All outdoor lights shall be shielded from point source glare and shall not be directed towards adjacent parcels. All overhead or otter area lighting shall be shielded to cast a downward glare. 8.16 Fenchi , Fences shall be subject to approval of the Board. Unless approved by the Board based on unique screening or privacy needs between residential units or adjacent properties, fences in excess of tree (3) feet, are prohibited along interior portions of the Cottages 17 - CCRS - KESTREL PARK COTTAGES Received 4.3.2020 adjacent to common areas and shall be of open construction which does not obscure views from the open space. Fences within common areas shall remain unlocked to permit Association maintenance. A fence permit is required from the City of Ashland prior to installation and all such fencing shall be consistent with the provisions of the "Fence and Walls" requirements in the Ashland Municipal Code, Section 18.4.4,060. 8.17 Street Trees. The Association shall be prone street trees to provide at least 8-feet of clearance above sidewalks and 12-feet of clearance above street roadway surfaces. 8.18 Nuisances. No machinery or equipment of any kind shall be placed, operated, or maintained upon or adjacent to any Lot except such machinery or equipment, such as private workshop equipment, as is usual and customary in connection with the use or maintenance of a Dwelling Unit. No noxious or offensive condition, including activity causing excessive smoke, dust, noise, or debris, shall be permitted upon any part of the Cottages. Motorized bikes and all - terrain vehicles may not be operated on any Lot or the Common Area. Motorized transportation may be operated on a Lot solely for the put -pose of transporting it from a residence to a public roadway for off -site use but recreational use of such machinery within the Cottages is not allowed. This section shall not prohibit the use of motorized transport for medical reasons, such as motorized wheetchairs/scooters. 8.19 Diseases and Insects. No Owner shall permit any thing or condition to exist upon his Lot which shall induce, breed, or harbor infectious plant diseases or noxious insects. 8.20 Mineral Exploration. No property shalt be.used in any manner to explore for or to remove any water, oil, or other hydrocarbons, minerals of any kind, gravel, earth, or any other such substance or other mineral of any kind except for any excavation that may be done in connection with the construction of a dwelling in the Cottages. 8.21 Restrictions on l:urther Subdivision. No Lot shall be further subdivided. No Owner, except Declarant, may grant an easement or other interest in a Lot without the prior written approval of the Board. 8.22 Tenant Leases. All Owners shall supply tenants with a copy of this Declaration, as 3vell any adopted rules and regulations that are provided with each Lot at the time of sale. 8.23 Construction Debris. The Owner of each Lot is responsible for the temporary containment and permanent: removal of all construction debris on the Lot and any debris which is windblown or in any way displaced from the construction site to adjoining property. The Owner is also responsible for the cleanup of any dirt or niud tracked into public streets during the course of construction of improvements an his property. The Owner shall not allow the accumulation of large quantities of debris, on or off site, during the course of construction. 8.24 Common Area Maintenance. No Lot Owner shall do any alteration, work, or maintenance within the Common Area without the approval of the Board. 18 -- CCRS — KESTREL PARK COTTAGES Received 4.3.2020 8.25 Tree Protection Plan. Any deviation front the free Protection Plan for the PUD, is deemed a violation of the planning application approval and may be subject to penalties Linder City Code. Any proposed deviation to the plan must receive prior written approval from the City of Ashland's Planning Department. 8.26 Solar Protection. Each unit's Solar Reserve Area shall remain free from shading by any plantings the Cottages. No person owning or in control of a property within the Cottages shall allow vegetation to be placed or if placed to grow on property or neighboring property in such a manner as to shade the identified neighbor's Solar Reserve Area. 8.27 Earth Advantage. At the point of initial: construction, all Units within the Cottages shall be constructed to Earth Advantage Platinum/NetZero. 8.28 Solar Panels. Solar panels within private yard areas (ground mounted or fence mounted) are not permitted. Roof mounted solar panels are permitted, but only within an identified Solar Reserve Area with the approval of the Board.' 8.29 Shared Electric VelricIe. The Association may.. own or lease an electric vehicle for the benefit of all Owners of Lots and adopt rules for the maintenance, use, cost and replacement of said vehicle. In the event the Association manages a shared electric vehicle for the Owners of Lots, the Association has the right to park the. shared electric vehicle within the Common Area and the cost of such vehicle may be included as a regular. assessment.charged to all Owners of Lots, or as otherwise determined at the sole discretion of the Board. 8.30 Local low rovement District As a condition`of. taking title to a Lot, the City of Ashland required the Declarant to sign in favor of and agree to participate in a Local Improvement District (LID) for fixture )construction of the Nevada Street bridge across Bear Creek. The Agreement shall run with the land and shad be binding on all future Owners of Lots. Nothing in this restriction is intended to prohibit an Owner, their'successors or assigns from exercising their rights to fi-cedom of speech and expression by orally objecting or participating in any future LID hearing or .to take advantage of aiiy. protection afforded any party by City ordinances and resolutions. 8.31 Assignment of Pal ddiw Spaces. At the time of unit purchase, the Declarant shall assign each Lot a parking space strecific to said Dwelling. One parking space per Dwelling is maximum. Declarant shall give preference of six 'Prickle Charging Outlets located on west side of parking lot to Owners -,.vho own a plug-in electric vehicle. Owners may elect to exchange parking spaces alter approval from the Board with the understanding the monthly assessment fee for the use of a `Prickle Charging Outlet will be applied to that unit owner. �32 Trielde Charging Outlets. Of the severtparking spaces.orr the west side of the PUD's parking :lot, one'spaee is designated for the Association's commonly owned electrical vehicle and the other six far plug-in vehicles that can charge from a 110v outlet (trickle charge); $ 33 `Usage Tee for Trielde Char W2 Outlet. `:Owner's assigned to a'Trickle Charging parking space will reimburse {he Association a monthly usage fee based on the "typical" monthly 19 -- CCRS --- KESTREL PARK COTTAGES Received 4.3.2020 cost of electricity fio€n the City of Ashland to charge an electric plug-ini vehicle.. The usage fee is based on the average .annual miles drivers within the City. of Ashland. The Board shall have the right to increase or decrease the usage fee based on the increases or decreases from the City of Ashland's Utility Billing Department.,; � 8.34 Right of Inspection. Upon seventy-two (72) hours' written notice (emergencies excepted) and during reasonable hours, any authorized Member of the Board, or any authorized representative of any Board Member,shall have the right to enter upon and inspect the Lot and the exterior of the Dwelling Unit or any of the improvements thereon for the purpose of ascertaining whether or not the provisions of these covenants, conditions and restrictions, the Bylaws and the rules and regulations adopted by the Board, have been or are being complied with, and such persons shall not be deemed guilty of trespass by reason of such entry or inspection. These rights shall be exercised in such a manner as to reasonably minimize any adverse impact upon the Owner's right to enjoyment of his/her Lot. Any privately -owned space not within a fence is deemed common area and is not subject to the seventy-two (72) hours' written notice provision referenced above. A report shall be made to the full Board. and the Board shall determine the appropriate action to be taken. ARTICLE 9 DEVELOPMENT RIGHTS 9.1 Limitations of Restrictions. Declarant is undertaking the work of constructing improvements identified in Exhibit B. The.completion of that work and (lie sale, rental, and other disposal of Lots is essential to the establishnhcnt and welfare of said property as a residential community, In order.that said work may be completed and said property be established as a fully occupied residential community as. rapidly as possible, nothing in these restrictions shall be understood or construed to:: (a) Prevent Declarant, its contractors, subcontractors, or permittees from obtaining reasonable access over and across the Common Area of the Cottages or from doing, on any Lot or any portion of tile. Cottages, whatever is reasonably necessary or advisable in connection with the completion of said work; or . (b) Prevent Declarant from maintaining such signs within the Cottages, as may be necessary for the sale or disposition of the Lots thercin. 9.2 Deelaraut's Development Rights. Notwithstanding any other provision herein contained, Declarant expressly retains unalterable rights to develop the Cottages subject to this Declaration. Nothing in the Declaration shall limit the right of Declarant to commence and complete construction of improvements to the Cottages or to alter the foregoing or to coast uct such additional improvements as Declarant deems appropriate prior to the sate of all of the real property described in Exhibit A. ARTICLE 10 AMENDMENTS 20 — CCRS — KESTREL PARK COTTAGES Comnicnted ISM]: What if there are not 6 eiec[ric vehicles? Then do these spaces remain unassigned, first come, -- Received 4.3,2020 10.1 Period of Declarant Control. Until Declarant shall sell all Lots in the Cottages, no amendment to this Declaration shall be effective to curtail or eliminate Declarant's development rights set forth herein without Declarant's consent. Prior to the turnover meeting, any such amendment shall be approved by seventy-five percent (75%) of the total voting power of the Association and by Declarant; provided that the Declarant shall have the unilateral power and authority to amend this Declaration when required by a governmental agency as a condition to obtaining a permit. Upon approval pursuant to this section, the amending instrument shall be signed by the President and Secretary of the Association, certifying that the amendment has been approved as provided herein. The instrument shall be recorded in the official records of Jackson County, Oregon and shall be effective upon recording. 10.2 Post -Declarant Control. After the turnover meeting, any such amendment shall be approved by seventy-five percent (75%) of the total voting power of the Association. Upon approval pursuant to this section, the amending instrument shall be,signed by the President and Secretary of the Association, certifying that the a€need vent has been approved as provided herein. The instrument shall be recorded in the official records of Jackson County, Oregon and shall be effective upon recording. ARTICLE 11.. GENERAL PROVISIONS 11.1 Binding Effect, Term The covenants, conditions, and restrictions of this Declaration shall run with .the land and shall inure to tie benefit of and be enforceable by the Association or any Owner, thekr'espective legal representatives, heirs, successors, and assigns. 11.2 Nuisance.. Every act: or omission whereby any provision of this Declaration is violated in whole or in part is hereby declared to be a nuisance and may be enjoined or abated, whether the relief sought is negative or affirmative. action, by Declarant, the Association, or any Owner. 1I.3 Violation of 'Law. Any violation of any federal, state, municipal, local law, regulation 'or'ordinance, or regulationpertaining to the ownership, occupation, or use of the Cottages or any part thereof is hereby declared to be a violation of this Declaration and subject to any and all of the enforcement procedures set forth herein. 11.4 Condemnation'of Common Area, If at any time all or any portion of any Conunon Area, or any interest' therein, be taken for ally public or quasi -public use under any statute, by right of eminent domain, or by private purchase in lieu of eminent domain, the entire award in condenmation shall be paid to the Association. Arty such award to the Association shall be deposited into the operating fund of the Association. No Owner shall be entitled to ally portion of such award, and no Owner shall be entitled to participate as a party, or otherwise, in any proceedings relating to such condemnation, such right of participation being herein reverted exclusively to the Association or other holder of the fee title which shall, in its name alone, represent the interests of all Lot Owners to the extent such Lot Owners have any interest, 21 --- CCRS - KESTREL PARK COTTAGES Received 4.3.2020 11.5 Oblleations of Owner. No Owner may avoid the burdens or obligations imposed on hini/her by this Declaration through non-use of the Common Area or by abandonment of his/her Lot. Upon the conveyance, sale, assignment, or other transfer of a Lot to a new Owner, the transferring Owner shall not be liable for any such assessments levied with respect to such Lot after the date of such transfer, and no person, after tlhe termination of his/her status as an Owner and prior- to his/her again becoming an Owner, shall incur any of the obligations or enjoy any of the benefits of an Owner under this Declaration. 11.6 Notice of Sale. Within five (5) business days after the consummation of the sale of any Lot under circumstances whereby tre transferee becomes an Owner thereof, the transferee shall notify the Association in writing of such sale. Such notification shall set forth (a) the name of the transferee and his/her transferor; (b) the street address of the Lot purchased by tlhe transferee; (c) the transferee's mailing address; and (d) the date of sale. Prior to receipt of such notification, any and all communications required or permitted to be given by the Association or the Board shall be dee€ned to be duly made and given to the transferee if duly and timely made and given to his/her transferor. 11.7 Notices. Any written notice or other documents relating to or required by this Declaration may be delivered either personally, by. electronic delivery (including email and facsimile) or by mail. If by mail, such notice or document shall be deemed to have been delivered and received five (5) calendar days after a copy thereof has been deposited in the United States Postal Service, postage prepaid, addressed as follows: (a) If to the Association; to the address. designated by the Association as its principal office address in the Articles. (b) 1f to an Owner, to the address of any Lot owned in whole or in part by him/her or to any. other address last furnished by an Owner to the Association. (c) i1 to Declarant: KDA Ho€ues, LLC 604 Fair Oaks Court Ashland, Oregon 97520 Provided, however, that any such address may be changed at any time by the party concerned by delivering a written notice of change of address to the Association. Each Owner of a Lot shall file the correct mailing address of such Owner with the Association and shall promptly notify the Association in writing of any subsequent change of address. 11.8 Cumulative Remedies, Each remedy provided by this Declaration is cumulative and not exclusive. 11.9 Partial tnyalidity. Tile invalidity or partial invalidity of any provision of this Declaration shall not affect the validity of, or enforceability of, any other provision. 22 — CCRS — KESTREL PARK COTTAGES Received 4.3.2020 11.10 Number, Gender. As used herein, the singular shall include the plural and the plural the singular unless the context requires the contrary; and the masculine, feminine, and neuter shall each include the masculine, feminine, or neuter as the context requires. 11.11 Discrimination Prohibited. The Association and its Members are prohibited from discriminating on the basis of race, color, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, or genetic information as set forth in applicable state and federal law, except to the extent that such covenant or restriction is permitted by applicable law. 11.12 City Enforcement. The City of Ashland reserves the right to enforce and assess the Association for maintenance of common areas. 11.13 Mediation and Arbitration. (a) Meet and Confer. In the event of any dispute concerning this Agreement, excepting disputes involving non-payment of assessments or other fee, the parties shall, at the request of either of them, meet and confer in an effort to resolve the dispute. `.If the parties cannot resolve the dispute within thirty (30),days following the. initial request to meet:and confer, the dispute shall be submitted to arbitration as,provided in Section 11.13(b), below. (b) Arbitration. Except,for claims and controversies involving non-payment of assessments or fees, all controversies or claims arising out of or relating to this Agreement; which are not resolved as provided hi.Section 11.13(4) above, inchuding, without limitation, the making, performance, or interpretation of'this Agreement, shall be settled by binding arbitration. Unless otherwise agreed, the arbitration shall be conducted in the county of the state where the Association is located, in accordance with the raffles of the Arbitration Service of Portland. Judgment on the award rendered by. the arbitrator :may be entered in the circuit court in the county in which the arbitrationoccurs, and the resolution of the disputed matter as determined by the arbitrator shall be binding'on the parties. IN WITNESS "THEREOF, we the undersigned President and Secretary of the Kestrel Park Cottages Homeowners' Association, hereunto set our hand on the date set forth below, Kestrel Park Cottages Homeowners' Association, an Oregon Nonprofit Mutual Benefit Corporation Bv: Laz Ayala, President By: Mark Knox, Secretary 23 — CCRS -- KESTREL PARK COTTAGES Received 4.3.2020 Notarial r e o11ows 24 - CCRS - KESTREL PARK COTTAGES Received 4.3.2020 STATE OF OREGON ) Received 4.3.2020 Exhibit "A" Legal Description for Kestrel Park Cottages 26 — CCRS — KESTREL PARK COTTAGES Received 4.3.2020 Exhibit "B„ Legal Description of PUD 27 — CCRS -- KFSTRFL PARK COTTAGES Received 4.3.2020 Exhibit "C„ Site Plan of Cottages 28 — CCRS — KESTREL PARK COTTAGES Received 4.3.2020 Exhibit "D" Association Bylaws 29 — CCRS -- KESTREL PARK COTTAGES Received 4.3.2020 Exhibit "P." Eire Protection Plan 30 -- CCRS -- KESTREL PARK COTTAGES Received 4.3.2020 Exhibit "C" BYLAWS OF KESTREL PARK COTTAGES HOMEOWNERS' ASSOCIATION AN ORE' GON NONPROFIT CORPORATION 1. NAME AND LOCATION. The name of the corporation is KESTREL;.'PARK COTTAGES HOMEOWNERS' ASSOCIATION, (hereinafter referred to as the "Association"). The Association is organized under the Oregon Nonprofit Corporation Law. The principal office of the Association shall be located in the City of Ashland, County of Jackson, State of :Oregon, but meetings of Members and Directors may be held at such other places as.:.close as possible to the property within Jackson County, Oregon, as may. be designated by the Board. 2. DEFINITIONS:. The terms used herein shall have the meanings set forth in Section 1, Declaration of Covenants, Conditions and Restrictionsfor. Kestrel ..Park Cottages, Phase 2, a Planned Unit Development, (hereinafter referred. to as the "PUD") to which these Bylaws are attached as Exhibit "C'.' and made a part thereof. 3. MEMBERSHIP. 3.1 Qualification. Every person or entity who is the Owner of a Lot which is subject by covenants of record to assessment by the Association shall be a Member of the Association and shall be entitled to one:ineribership for each Lot owned. The foregoing is not intended to include persons or entities Mio hold an interest merely as security for the performance of an obligation. A vendee under a recorded land sale contract or recorded memorandum of land sale contract shall be considered the Owner for purposes of membership in the Association. Membership shall be appurtenant to and may not be separated from the ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership. Any transfer of title to a Lot shall operate automatically to transfer the membership in the Association appurtenant thereto to the new Owner thereof. BYLAWS OF KESTREL PARK COTTAGES HOMEOWNERS' ASSOCIATION - Page I Received 4.3.2020 3.2 VotinjZ. (a) All rnenhbership and voting procedures are governed by the Articles, Declaration and these Bylaws of the Association. (b) Notwithstanding anything else in this instrument that alight be construed to the contrary, after- Class B Membership ceases and is converted in accordance with Section 2.3 of the Declaration, all provisions requiring a vote of Class A and Class B Members, or all classes of Members, shall be construed as requiring a vote by Class'A Members only. 3.3 Transfer. The membership held by any Member by: virtue of his/her ownership of a Lot shall not be transferred, pledged, or alienated in any way, except upon tine transfer of title to such Lot, and then only to the transferee of title thereto. 3.4 Suspension of Membersbip. During, any period in which a Member shall be in default in the payment of any assessment levied by the Association pursuant to the Declaration, the voting rights of such Member shalt. be suspended. However, the Board shall give any such Member at least fifteen (15) days notice prior to .such suspension, during which time the Member shall be entitled to a hearing before the Board if he so requests. 3.5 Initial Board of Directors. The initial Board of Directors shall be appointed by Declarant until such time as the Turnover Meeting is called pursuant to Section 4.1. Thereafter, the Board shall be elected as provided in Section.6. The initial Board of Directors shall consist of a rninirhhum of two (2) Directors. 4. TRANSITION AND TURNOVER MEETINGS. 4.1 Transition Meeting. Declarant shall call a meeting of Owners for the purpose of selecting a Transitional Advisory Committee not later than the 60th day after: (a) The date the Declarant conveys 50 percent or more of the Lots in the PUD to Owners other than a successor declarant. The committee shall consist of three or more Members. The Owners, other than the Declarant, shall select two or more Members. The Declarant shall select no more than one Member. The committee shall have reasonable access to all infornhation and documents which the Declarant is required to turn over to the Association under ORS 94.616. An Owner may call a meeting of Members to select the Transitional Advisory Committee if the Declarant fails to do so under this section 4.1. If the Owners do not select Members for the committee under this section, the Declarant shall have no further obligation to form the committee. BYLAWS OF KESTREL PARK COTTAGES HOMEOWNERS' ASSOCIATION - Page 2 Received 4.3.2020 The requirement for a Transitional Advisory Committee shall not apply once the turnover meeting called under ORS 94.608 has been held. 4.2 Turnover Meeting. A turnover meeting (the "Turnover Meeting") shall be called by Declarant not later than ninety (90) days after conveyance to Owners other than Declarant of ninety (90%) of the total number of Lots in the PUD. if Declarant fails to call the Turnover Meeting, any Owner may call the meeting. Notice of the meeting shall be given to Members not less than ten (10) nor more than fifty (50) days prior to the meeting. At the Turnover Meeting the Declarant shall relinquish control of the Association to 'the Owners. All information and documentation relating to the PUD shall additionally be turned over to the Owners at such time, including but not limited to: the Declaration, all corporate documents, the deed to the cornrnon area, rules and regulations, the resignation of Directors and Officers appointed by Declarant, Association fiends, a report oil the present financial condition of the Association, tangible personal property belonging to the Association, records of all property tax payments pertaining to the common area, copies of all income tax returns andrelated supporting data, all bank signature cards, the reserve account and reserve study provided for in Section 3.2 of the Declaration, an operating budget, plans -and specifications, 'insurance policies, occupancy and government permits, all warranties relating to the common area, a list of contractors, a roster of Owners, names of lessees, if any, and Many contracts relating ,to the Project. Declarant or its informed representative shall remain available in an advisory capacity to meet with the Board on a minimum of three (3) mutually acceptable dates during the three (3) months immediately following the Turnover Meeting 4.3 Declarant's Reservation of Rights. Notwithstanding anything to the contrary, in the event Declarant has not ;completed development of Lots or common area at the time of the Turnover Meeting, Declarant may continue to hold the special Declarant rights reserved under the Declaration. 5. MEETINGS OF MEMBERS 5.1 Annual Meeting. The first meeting of the Members of the Association, whether a regular or'special meeting, shall be held within 45 days after the Turnover Meeting. Subsequent regular annual meetings shall be set by the Board so as to occur at least 30 days but not more than 120 days before the close of the Association's fiscal year on a date and at a time set by the Board. The arm ual meeting shall be held for the purpose of electing Directors and for the transaction of any other business that may come before the meeting. If the election of the Directors is not held on the day designated herein for any annual meeting of the Members, or at any adjournment thereof, the Board of Directors shall cause the election to be held at a special meeting of the Members as soon thereafter as may be convenient and upon prior notice to the Members of the Association. 5.2 Special Meetings. Special meetings of the Members may be called at any time by the President of the Board, by a majority of a quorum of the Board, or upon written request of BYLAWS OF KESTREL PARK COTTAGES HOMEOWNERS' ASSOCIATION Page 3 Received 4.3.2020 Members who are entitled to vote twenty percent (20%) of the total voting power of the Association. 5.3 Notice of Meetings. Written notice of each meeting of the Members, whether annual or special, shall be given by, or at the direction of, the Secretary or person authorized to call the meeting, in person, E-mail, or by mailing a copy of such notice by first-class mail at least ten (10) days, but not more than fifty (50) days, before such meeting to each Member entitled to vote thereat and to each mortgagee requesting such notice.. ' With respect to Members, notice shall be addressed to the Member's Email or mailing address last appearing on the books of the Association or supplied by such Member to the Association: for the purpose of notice. Such notice shall specify the place, day and hour of the meeting and the items on the agenda, including the general nature of any proposed amendment to the Declaration or. Bylaws, any budget changes or any proposal to remove a Director or Officer...Mailed notices shall.be deemed received when deposited in the United States mail, with postage fully paid thereon. 5.4 Quorum. The presence at the sheeting of Meinbers entitled to cast, or of proxies entitled to cast, at least thirty percent (30%) of the votes of the entire membership shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation or these Bylaws. If, however, such quorum shall not. be present in: person or by proxy at any such sheeting, the Members entitled to vote thereat shall; have power. to adjourn the meeting without notice other than announcement at the meeting, to a place and a time certain not less than five (5) days nor more than..thirty (30) days from the tune the original meeting was called, at which adjourned meeting the quorum requirement shall. be at least twenty percent (20%) of the votes of the entire membership. If a time and place for: the adjourned meeting is not fixed by those in attendance at tile. original meeting, or, if for any reason a new date is fixed for the adjourned meeting after adjournment, notice of the time and place of the adjourned meeting shall be given to Members in the inanner prescribed for regular. meetings. Any meeting at which a quorum is present may be adjourned: for any reason to a time not less than Forty-eight (48) hours nor more than thirty (30) days from the.time of such meeting by Members representing a majority of the votes present thereat, either in person or by proxy. 5.5 Proxies. At all meetings of Members, each Member may vote in person or by proxy on all shatters. All proxies shall be in writing, dated and filed with the Secretary before the commencement of any meeting. Every proxy shall be revocable and shall automatically cease upon conveyance by the Member of his/her Lot, or upon the death or incapacity of the Member who executed the proxy. A proxy shall terminate eleven (11) months after- its execution, unless a shorter period of time is specified. Except as otherwise provided in the Articles or these Bylaws, a majority of the voting power present, is person or by proxy, shall prevail at such sheeting. 5.6 Members Entitled to Vote. The Board of Directors may fix a tirne not exceeding thirty (30) days preceding the date of any meeting of Members as a record date for the determination of the Members entitled to vote at any such meeting and, in such case, only Members of record on the date so fixed shall be entitled to notice and to vote at such meeting. In the event no such record date is fixed by the Board of Directors, the record date for the BYLAWS OF KESTREL PARK COTTAGES HOMEOWNERS' ASSOCIATION - Page 4 Received 4.3.2020 determination of Members entitled to notice and to vote at any such meeting shall be as of 8:00 a.m. on the thirtieth (30th) day preceding the date of such meeting. 5.7 Votina. The vote for each Lot shall be cast as a unit; fractional votes shall not be allowed. If more than one person is the Owner of a Lot, and such persons are unable to agree among themselves as to how their vote or votes shall be cast, they shall lose their right to vote on the platter in question. If any such person or persons jointly owning a Lot cast a vote representing that Lot, it will thereafter be conclusively presurned.for all purposes that he, she or they were acting with the authority and consent of all other such persons. In the event more than one vote is cast for a particular Lot, such votes shall be void and shall not be counted. 5.8 Order of Business. The order of business of all meetings of the Members shall be as follows: (a) Roll call; (b) Proof of notice of meeting or waiver of notice; (c) Reading of minutes, of preceding meeting;. (d) Reports of Board and Officers, (e) Election of I3izectors, if any are to be elected; ( Unfinished business; and (g) New business. 5.9 Conduct of 'Meeting Tiie President shall preside over all meetings of the Association and ,the Secretary sluall keep 'the minutes of the meeting and record in a Minute Book, resolutions adopted at the :meeting and shall keep a record of all transactions occurring thereat. Roberts Rules of Order (latest edition), as ruodified by the Board of Directors, shall govern the conduct of all meetings of the Association when not in conflict with the Declaration or these Bylaws. BOARD OF DIRECTORS. 6.1. Number, Tenure and Qualifications. After- the Turnover Meeting, the Board of Directors shall consist of three (3) Members. At the first annual meeting of the Members of the corporation, and at each annual meeting thereafter, the Board of Directors succeeding the initial Board of Directors shall be elected by the Members as hereinafter set forth. Both Class A and Class B Members are permitted to cumulate their votes either by giving one candidate for election to the Board of Directors as many votes as the nurnber of such Directors to be elected, or by distributing such votes on the same principle among any number of such candidates. BYLAWS OF KESTREL PARK COTTAGES HOMEOWNERS' ASSOCIATION Page 5 Received 4.3.2020 Notwithstanding anything else in these Bylaws, Articles of Incorporation, the Declaration or any other agreement to the contrary, it is the intent of these Bylaws that so long as there are two classes of Members, the cumulative voting provisions herein shalt be interpreted to allow the Class A Members to elect not less than one (t) Director. Cumulative voting shalt cease when the Class B membership is converted to Class A membership as provided in the Articles of Incorporation and the Declaration. Following the Turnover Meeting, Directors shall be Members of the Association. The Declaration and these Bylaws provide for a period of control.of the Association by the Declarant. Such control shall include allowing the Declarant to appoint .or. remove Members of the Board of Directors of the Association until the Turnover Meeting. 6.2 Powers. The business affairs of the corporation shall be.managed by its Board of Directors. The Board of Directors shall have all. of the powers set forth in the Oregon Nonprofit Corporation Act, the Articles of Incorporation, these Bylaws and the Declaration, except where the same are reserved to the Members by any of the above. 6.3 Regular_ Meetings. The annual meeting of the Board of Directors shall be held without notice, other than these Bylaws inunediately after, and at the same place as, the annual meeting of the Members of the Association, except that notice of the time and place of a regular meeting of the Board of Directors shall be posted at a place or places on the "property" at least (3) days prior to the meeting of notice shall be provided by a method otherwise reasonably calculated to inform Owners of such. meetings 6.4 Special Meetings, ' Special meetings of the Board of Directors may be called at the request of any two Directors or at the request... of the President. The person or persons authorized to call special meetings of the Board'of Directors may fix the time for the holding of any special meeting of the Board of Directors. 6.5 Notice. Notice of any special meeting shall be given at least 10 days prior to such meeting to each Director• at Ihislher home address, by electronic delivery, or by personal delivery. So that Lot Owners.will know of. such meeting, notice shall also be posted at a place or places on the property at least twee (3) days prior to the meeting or notice shall be provided by a method otherwise reasonably calculated to inform Lot Owners of such meeting. If mailed, such notice shall be deemed to have been delivered when deposited in the U.S. mail, so addressed, with postage prepaid. Any Director may waive notice of any meeting. The attendance of a Director at a meeting shall constitute a waiver of notice of such meeting, except where a Director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. Neither the business to be transacted, nor the purpose of any regular or special meeting of the Board of Directors need be specified in the notice or waiver of notice of such meeting. 6.6 Quorum. Attendance by a majority of Directors shall constitute a quorum for transaction of business at any meeting of the Board of Directors. If less than two Directors are BYLAWS OF KESTREL PARK COTTAGES HOMEOWNERS' ASSOCIATION - Page 6 Received 4.3.2020 present at a meeting, the Director present may adjourn the meeting from time to time without further notice except as to the date and time of the continued meeting. 6.7 Manner of Actin. The act of the majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board of Directors unless a greater number is specifically required by the Oregon Nonprofit Corporation Act, the Oregon Planned Community Act, the Articles of Incorporation or these Bylaws. 6.8 Action Without a Meethw. Any action required or permitted to be taken by the Board of Directors at a meeting may be taken without a meeting if consented in writing, setting forth the action so taken, shall be signed by all of the Directors 6.9 Vacancies. Any vacancy occurring oil the Board of Directors may be filled by the affirmative vote of a majority of the remaining Directors, though ;less than a quorum of Directors, unless the Articles of Incorporation provide otherwise, and further provided that, as long as there are two classes of Members, it is the intent of these Bylaws that any vacancy occurring on the Board of Directors be filled by a person representing the class of Members ftorn which the Director was elected. 6.10 Removal of Directors. Whenever the best interests of the corporation may be served thereby, a Director may;.be removed'°with or without cause. at a meeting called expressly for that purpose byvotevote of the .holders of a `majority of all shares then entitled to vote at an election of Directors. 6.11 ..Presumption of Assent. ; A Director of the corporation who is present at a meeting of the `Board o f Directors `at which any action on any corporate matter is taken, shall be presumed to have assented to the action taken unless written dissent to such action is filed with the personacting as Secretary of the meeting before adjournment thereof, or, unless the Director forwards such,dissent by mail'lo the Secretary of the corporation immediately after- adjournment of the meeting.`:. Such right to dissent shall not apply to a Director who voted in favor of such action. 6.12 Term. ' The terms of all Directors shall be staggered on an annual basis to be determined at the annual meeting. 6.13 Compensation and Expenses. No Director shall receive compensation for his/her services as a Director of the corporation. Reimbursable expenses, if any, shall be paid upon approval of the Board of Directors. 6.14 Fidelity Bonds. The Board of Directors shall require that any person or entity, including, but not limited to, employees of any professional manager, who handles or is responsible for Association funds, shall furnish such fidelity bond as the Board deems adequate. The premiums on such bonds shall be paid by the Association. BYLAWS OF KESTREL PARK COTTAGES HOMEOWNERS' ASSOCIATION - Page 7 Received 4.3.2020 6.15 Open Meetinl4s. All meetings of the Board of Directors shall be open to the Members. BYLAWS OF KESTREL PARK COTTAGES HOMEOWNERS' ASSOCIATION - Page 8 Received 4.3.2020 7. OFFICERS AND THEIR DUTIES. 7.1 Enumeration of Officers. The Officers of the Association shall be a President, a Secretary and a Treasurer, and such other Officers as the Board may from time to time deem necessary. Only the offices of Secretary and Treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices. The President shall be a Member of the Board of Directors. No other Officer shall be required to be selected from the Board of Directors. 7.2 Election of Officers. The election of Officeis sbal I take place at the first regular meeting of the Board following the Turnover Meeting acid each annual meeting of the Members thereafter; provided, however, prior to the Turnover`>Meeting, the Officers may be appointed on an annual basis by the Board of Directors or by Declarants. 7.3 Term. The Officers of the Association shall. be elected annually by the Board, and each shall hold office for one (1) year unless they:sball sooner resign, or shail.be removed, or otherwise become disqualified to serve. :.. 7.4 Resignation and Removal Any.,Officer maybe removed from office with or without cause by the Board. Any Officer may resign at any time by giving written notice to the Board, the President or the..Secretary. Such'resignatior shall take effect on the date of receipt of such notice or at any later• time ;specified therein; and unless ,otherwise specified therein, the acceptance of such resignation shall `not be nee essary to make it effective. 7.5 Vacancies A vacancy in any office may be filled in the planner prescribed for regular election. The.Officer elected to such;yacaney shall serve for the remainder of the term of the Officer lie/she replaces, 7.6 Duties. The duties of the Officers are as follows: (a) The President shall preside at all meetings of the Board; shall see that orders and resolutions .of the Board are carried out; and shall, if required by the Board, sign all written instruments on .behalf of the Association; (b) The Secretary shall act in the place and stead of the President in the event of his absence, inability or refusal to act. The Secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the Members; keep the corporate seat, if any, of the Association and affix it to all papers requiring said seal; serve notice of the meetings of the Board and of the Members; keep appropriate current records showing the Members of the Association, together with their addresses; and shall perform such other duties as are required by the Board; (c) The Treasurer shall receive and deposit in appropriate bank accounts all monies of the Association, and shall disburse such funds as directed by resolution of the Board; BYLAWS OF KESTREL PARK COTTAGES HOMEOWNERS' ASSOCIATION - Page 9 Received 4.3.2020 keep proper books of account; cause an annual audit of the Association books to be made at the completion of each fiscal year and make the same available to Members of the Association for inspection within thirty (30) days after the completion of said audit; and shall prepare an annual budget and a statement of incorne and expenditures and report to be presented to the Membership at its regular annual meeting, and deliver a copy of each to the Members, within thirty (30) days after its completion. (d) Checks of the Association shall be. signed by the officer or officers designated by the Board. 8. LIABILITY AND INDEMNIFICATION OF OFFICERS AND DIRECTORS AND COMMON INTERESTED DIRECTORS: 8.1 Liability and Indemnification of Officers and Directors, The Association shall indemnify every Officer and Director of the Association against any and all.expenses, including counsel fees, reasonably incurred by or imposed upon any Officer or Director in. connection with any action, suit or other proceeding. (including settenientof any suit or proceeding if approved by the then Board of Directors of the Association) to which he/she may be made a party by reason of being or having been an Officer or Director of the Association whether or not such person is an Officer or Director at the,time such expenses are incurred. The Officers and Directors of the Associationshall not be liable to tile: Owners for any mistakes of judgment, negligence, or otherwise, except for their own. individual willful misconduct or bad faith. The Officers and Directors .of the Association shall Have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association (except to the extent that such Officers or Directors niay also be Owners of Lots) and the Association shall indenhnify and forever hold each such .Officer. and Director free and harmless against any and all. liabilities to others on account of any . such contract or commitment. Any right to indemnification provided .for herein: shall not be exclusive of any other rights to which any Officer or Director of the Association or former Officer or Director of the Association may be entitled. 8.2 Common Interested Directors. The Directors shall exercise their powers and duties in good faith and with a view of the interests of the Association. No contract or other transaction between the Association and one or more of its Directors, or between the Association and any corporation, firm or association (including the Declarant), in which one or more of the Directors of the Association are Directors or Officers or are pecuniarily or otherwise interested, is either void or voidable because such Director or Directors are present at the meeting of the Board of Directors or any committee thereof which authorizes or approves the contract or transaction, or because his vote is counted for such purpose, if any of the conditions specified in any of the following subparagraphs exist: (a) The fact of the common directorate or interest is disclosed or known to the Board of Directors or a majority thereof or noted in the Minutes, and the Board authorizes, BYLAWS OF KESTREL PARK COTTAGES HOMEOWNERS' ASSOCIATION - Page 10 Receiver[ 4.3.2020 approves, or ratifies such contract or transaction in good faith by a vote sufficient for that purpose; or (h) The fact of the common directorate or interest is disclosed or known to the Members, or a majority thereof, and they approve or ratify the contract or transaction in good faith by a vote sufficient for that purpose; or (c) The contract or transaction is commercially reasonable to the Association at the time it is authorized, ratified, approved or executed Common or interested Directors may be counted in determining the presence of a quorum at any meeting of the Board of Directors or committee thereof which authorizes, approves or ratifies any contract or transaction, and may vote thereat to authorize any contract or transaction with like force and effect as if he/she were not such Director or Officer of such Association or not so interested. 9. INSURANCE. 9.1 Insurance to Be Obtained By Association ' The Association shall obtain and maintain at all times insurance, as set forth herein, Jacluding insurance against fire, vandalism and malicious mischief, where," applicable;: and appropriate, with ; endorsement for extended coverage, or other perils, for the "fill insurable replacement value of the Association property. The insurer shall be governed by thefollowing provisions: (a) The insurer shall waive its rights of subrogation to any claims against the Declarant, the Board of Directors the Association, the Managing Agent, the Owners and their respective agents, employees, tenants, guests and, in the case of Owners, the Members of their households. (b) The master policy on the Association property shall not be cancelled, invalidated, or suspended on account of the conduct of any Member of the Board, Officer or employee of the Board of the Board of Directors or the Managing Agent or Owners, without a prior demand in writing that the Board of Directors or the Managing Agent cure the defect. (c) The policy may not be cancelled or substantially modified without at least thirty (30) days' prior written notice to the Board of Directors. (d) The net proceeds of such policies shall be payable to the Association. (e) All policies of insurance shall be written with a company licensed to do business in the State of Oregon and holding a rating of "A+" or better by the Best's Insurance Reports, or equivalent. BYLAWS OF KESTREL PARK COTTAGES HOMEOWNERS' ASSOCIATION - Page 1 I Received 4.3.2020 (f) In no event shall the insurance coverage obtained and maintained by the Board of Directors hereunder be brought into contribution with insurance purchased by individual Owners or their mortgagees. BYLAWS OF KESTREL PARK COTTAGES HOMEOWNERS' ASSOCIATION - Page 12 Received 4.3.2020 9.2 Coverage. (a) Casual . All improvements, which the Board decides should be insured, in the Common Area shall be insured in an amount to be determined annually by the Board of Directors. If determined appropriate by the Board, such coverage shall afford protection against: (i) Loss or damage by Ere and other hazards covered by a standard extended coverage endorsement; and (ii) Such other risks as from time to'tiine shall customarily be covered with respect to similar construction as found in the Common Area,. including, but not limited to, vandalism and malicious mischief. (b) Liability Insurance. Public liability insurance shall be obtained in such amounts and with coverages as shall be required by;tlhe Board of Directors, and shall include, but not be limited to, hired automobile and non -owned automobile coverages if necessary, with a cross -liability endorsement to coverliabilities of the Owners as a group to an Owner. The Board of Directors shall review such limits once'a.year. It shall be,the responsibility of cacti Owner to obtain, at his/her own expense, liability insuraice with respect to his/her ownership and/or- use of his/her Dwelling Unit and Lot, and the Board of Directors shall not be responsible for obtaining such insurance. (c) Other Coverage. In addition, the Board shall obtain the following coverages. (i) Worker's compensation insurance meeting all the requirements of the laws of the State of Oregon, if applicable. (ii) Directors and Officers liability insurance, if the Board deems necessary, (iii) Fidelity bond coverage for Officers and Directors, if the Board deems and computer fraud and funds transfer fraud as provided in ORS 94.675(7). (iv) Such other insurance as the Board of Directors shall determine from time to time to be desirable. 9.3 Premiums. Premiums for insurance policies purchased by the Association shall be assessed by the Association against the Owners as part of the Common Expenses. 9.4 Payinent of Proceeds to Association. All insurance policies purchased by the Association shall be for the benefit of the Association and shall provide that all proceeds covering property losses shall be paid to the Association. BYLAWS OF KESTREL PARK COTTAGES HOMEOWNERS' ASSOCIATION - Page 13 Received 4.3.2020 9.5 Distribution of Proceeds. Proceeds of insurance policies received by the Association shall be distributed in the following manner. (a) Reconstruction or Repair. If the damage for which the proceeds are paid is to be repaired or reconstructed, the remaining proceeds shall be paid to defray the cost thereof as elsewhere provided. (b) Failure to Reconstruct or Repair: ' If it is determined in the manner elsewhere provided that the damage for which the proceeds are paid shall not be reconstructed or repaired, the remaining proceeds may be used by the Association for such Common Area improvements as it shall deem appropriate. 9.6 Insurance to Be Obtained By Owner. Each Owner of a Lot shall insure his Dwelling Unit at is full insurable replacement value against fire, vandalism and malicious mischief with an endorsement for extended coverage, Each Owner shall obtain from his/her insurance carrier a waiver of its subrogation rights to any claims against the Declarant, the Board of Directors, the Association, the Managing Agent, the.,Owners and their respective agents, employees, tenants, guests and, in the case of Owner, the members of their households. 10. ME, MBER'S OBLIGATIONS IN CONNECTION WITH USE OF PROPERTY. 10.1 Lawful Use. No Owner shall permit or stiffer anything to be done or kept upon any Lot or the Common Area which will increase the rate of insurance on the Dwelling Units, or the contents thereof, or the Common .Area, which will result in the cancellation of such insurance, or which is in violation of any law. No Owner shall permit or suffer anything to be done or. kept upon any Lot or the Common Area which will obstruct or interfere with the rights of other Owners, of annoy.other Owners by unreasonable noises or otherwise, nor shall any Owner commit or permit any nuisance or immoral or illegal act on any Lot or the Common Area. Each Owner shall comply with all requirements of applicable governmental authorities respecting the use and occupancy of the Lots. 10.2 Compliance with Rules. Each Owner shall pay Association dues and assessments when they are due. Each Owner shall comply with the terms of the Declaration and these Bylaws and all Hiles and regulations adopted and promulgated by the Board of Directors or Architectural Committee. 10.3 Use of Employees of Association. An Owner shall not require or request employees of the Association to do work on the Owner's Lot or Unit or anywhere on the Project unless such work is the responsibility of the Association, and then, except in case of emergency, any such request shall be made through the Association manager, if any, of the Board. 11. BOOKS AND RECORDS. BYLAWS OF KESTREL PARK COTTAGES HOMEOWNERS' ASSOCIATION - Page 14 Received 4.3.2020 11.1 Inspection. The membership register, books of account and minutes of meetings of the Members, of the Board and of committees of the Board shall be made available for inspection and copying by any Member of the Association or by his/her duly -appointed representative at any reasonable time and for a purpose reasonably related to his/her interest as a Member, at the office of the Association or at such other place within the PUD as the Board shall prescribe. 11.2 Rules. The Board shall establish reasonable ruies.with respect to: (a) Notice to be given to the custodian of the. records by the Member desiring to make the inspection. (b) Hours and days of the week when such an inspection may be made. (c) Payment of the cost of reproducing copies of documer is requested by a Member. 11.3 Director's RijZhts. Every`Director shall have the absolute right at any reasonable time to inspect all books, records and documents,.of the Association and the physical properties owned or controlled by the Association The right of i. nspection'.by a Director includes the right to make extracts and copies of,documents.` 12. AMENDMENTS. These. Bylaws may amended only by the. vote or written assent of the Members as follows: (a) So long as the Class A and Class B merxrberships exist, upon the vote or written assei t,of a majority of the voting power of each class, or (b) After conversion of the Class B to Class A membership, upon the vote or written asset of a majority of the total voting power of the members of Association. Provided, however, that the percentage of the voting power necessary to amend a specific clause or provision shall not be less than the percentage of affirmative votes or written assents prescribed for action to be taken under that clause or provision. Prior to completion of the PUD by Declarant, no amendment to Section 4.3 of these Bylaws shall be effective without the prior written consent of Declarant. In the event of any conflict between the Declaration and these Bylaws, the Declaration shall control. 13. NOTICES. Any written notice or other documents relating to or required by these Bylaws may be delivered either personally, by electronic delivery (including email and facsimile) or by mail. If BYLAWS OF KESTREL PARK COTTAGES HOMEOWNERS' ASSOCIATION - Page 15 Received 4.3.2020 by mail, such notice or document shall be deemed to have been delivered and received five (5) calendar days after copy thereof has been deposited in the United State postal service, postage prepaid addressed as follows: (a) If to the Association, to the address designated by the Association as its principal office address in the Articles of Incorporation. (b) If to an Owner, or to his Tenant, then to the address of any Lot owned, in whole or in part, by his/her or to any other address last fiirnished by an Owner or his Tenant to the Association. (c) If to Declarant: KDA Homes, LLC 604 Fair Oaks Count Ashland, Oregon 97520 Provided, however, that any such address may be changed at any time by the party concerned by delivering a written notice of change.of address to the Association. Each Owner of a Lot or his Tenant shall file the correct mailing address of such Owner or his Tenant with the Association and shall promptly notify the Association in writing of any subsequent change of address. 14. NUMBER; GENDER, The singular shall include the plural andthe plural the singular unless the context requires the contrary, and the masculine, feminine and neuter shall each include the masculine, feminine or neuter, as the context requires. IN WITNESS WHEREOF, we; the undersigned, being all of the Directors of KESTREL PARK COTTAGES HOMEOWNERS' ASSOCIATION, hereunto set our hands this day of 12020. Laz Ayala, Director Mark Knox, Director BYLAWS OF KESTREL PARK COTTAGES HOMEOWNERS' ASSOCIATION - Page 16 Received 4.3.2020 City of Ashland Community Development Department 51 Winburn Way Ashland, OR 97520 Telephone: 541-488-5305 Inspection Line: 541-552-2080 Plan Type: Type I Planning Action Work Class: Type I Planning Action PERMIT -NUMBER PA-T1-2020-00113 'Apply Date: 4/3/2020 Ma '' & 7axi_ot Pro ert Address 391 E04AC900 Fee Description: Applicant: Date: Amount: Total Fees`; $0.00 Pr, City of Ashland Community Development Department 51 Winburn Way Ashland, OR 97520 Telephone: 541-488-5305 Inspection Line: 541-552-2080 Plan Type: Type III Planning Action Work Class: Type III Planning Action PERMIT NUMBER PA-T3-2020-00002 Apply Date: 413/2020 Ma & Tax Lot Pro erf' Address 391 E04AC900 Owner: KDA HOMES L.LC Applicant: KDA Homes Owner 604 Fair Oaks Ct Applicant 604 Fair Oaks Ct Address: Ashland, OR 97520 Address: Ashland, OR 97520 Phone: (541) 944-7730 Phone: (541) 821-3752 protect"Description Final plan performance standards for 16 lot (15 unit subdivision) Fee Description: Amount: Final Plan Performance Standards (Type 1) $2,252.00 Applicant: Date: Total Fees: $2,252,00