HomeMy WebLinkAbout3082 Verde Village Timetable Extension
ORDINANCE NO. .3 D&~
AN ORDINANCE GRANTING A TIMETABLE EXTENSION TO THE
VERDE VILLAGE SUBDIVISION DEVELOPMENT AGREEMENT
Annotated to show deletiens and additions to the code sections being modified. Deletions are
bold lined through and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v International Ass'n of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293;
531 P 2d 730, 734 (1975); and
WHEREAS, the Verde Village Subdivision proposed in 2006 involved the development of
11.64 acres on the site of the old Ashland Greenhouses and included: an Annexation,
Comprehensive Plan and Zoning Map changes from Jackson County Rural Residential (RR-5) to
City of Ashland Single-Family Residential (R-1) and Suburban Residential (R-1-3.5); Outline
Plan approval to develop the property as a 68-unit residential development; Site Review approval
for a multi-family development; a Physical and Environmental Constraints Review Permit to
locate a multi-use path in the Ashland Creek Riparian Preservation Area; a Tree Removal
Permit; Exceptions to the Street Standards to install a curbside sidewalk on one side of a
proposed street, to not locate a street adjacent to natural features and to not connect two of the
proposed streets-, Variances to reduce the on-street parking requirement from 78 to 38 spaces, to
reduce the rear yard setback requirement for six of the townhomes in the northwestern comer of
the site from 20 feet to 12, 14 and 16 feet, and to reduce the required distance between buildings
for the 27 cottages in the southwestern comer of the site; an Administrative Variance to the Site
Design and Use Standards to have the primary orientation of the buildings to the south, rather
than to the street, in order to maximize the use of solar energy; a land exchange with the City of
Ashland dedicating 2.57 acres_adjacent to Ashland Creek to the city- for parks_purposes in__
exchange for approximately 1.30 acres of the Dog Park in the area of the access and to the south
of the existing parking area; and a Development Agreement with the City of Ashland which
governed the development of the subdivision, and included a detailed timetable for completion of
the project.
Ordinance No. Page 1 of 3
WHEREAS, on December 18, 2007 the Ashland City Council approved and adopted Ordinance
No. 2945 after consideration of the staff report, the recommendation of the Planning
Commission, and the comments and evidence presented during the public hearings on the Verde
Village Development Agreement between the City of Ashland, Oregon and Ashland Flower
Shop and Greenhouses, Inc., and found and determined that the Verde Village Development
Agreement was in the best interest of the public health, safety and welfare of the City of
Ashland; met a public need and provided a public benefit; and was consistent with all applicable
City of Ashland laws and ordinances; and
WHEREAS, on January 5, 2009 the subject properties were sold by Ashland Flower Shop and
Greenhouses, Inc. to WILMA LLC, the company owned by the original applicants, Greg and
Vah-i Williams, to carry out the development of the properties.
WHEREAS, on July 17, 2009 the Planning Director approved and executed the First
Amendment to the Verde Village Development Agreement, approving a 12 month administrative.
timetable extension as contemplated in Exhibit F of the original Development Agreement; and
WHEREAS, on March 2, 2010, the Ashland City Council adopted Ordinance No. 3007, the
Recession Extension Ordinance, which ordinance created a ministerial process for the Planning
Director to grant current planning actions a 12 month timetable extension in recognition of the
difficult financial market; and
WHEREAS, on April 9, 2010 WILMA LLC requested an extension for the entire project in
accordance with the Recession Extension Ordinance; and
WHEREAS, on June 6, 2010 the requested Amendment to the Development Agreement to
extend the timetable was approved administratively by the Director in accordance with the
Recession Extension Ordinance; and
WHEREAS, on April 2, 2013 WILMA LLC requested an extension of the timetable for the
entire project in response to the impacts of the national recession in accordance with the
allowances of the original Development Agreement and the Oregon Revised Statutes; and
WHEREAS, on April 9, 2013 the City of Ashland Planning Commission considered the above-
referenced request for a timetable extension to the Verde Village Subdivision Development
Agreement and recommended that the City Council approve the request and grant a seven-year
extension of all dates contained within the timetable to provide the maximum 15-year duration
for the development agreement allowed under the Oregon Revised Statutes; and
_ WHEREAS, the City Council of the City_ of Ashland conducted a duly _advertised _public hearing_
on the above-referenced request for a timetable extension on May 21, 2013; and
WHEREAS, the City Council of the City of Ashland, following the close of the public hearing
and record, deliberated and conducted first and second readings approving adoption of the
Ordinance in accordance with Article 10 of the Ashland City Charter; and
Ordinance No. Page 2 of 3
a.
WHEREAS, the City Council of the City of Ashland has found and determined that the
requested extension of the timetable for the Verde Village Subdivision's Development
Agreement is in the best interest of the public health, safety and welfare of the City of Ashland;
meets a public need and provides 'a public benefit; and is consistent with all applicable City of
Ashland laws and ordinances.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitations are true and correct and are incorporated herein by this
reference.
SECTION 2. The City of Ashland declares the approval and adoption of the requested
extension to the Timetable of Development as a revised Exhibit F to the original Verde Village
Development Agreement, said Timetable of Development being attached to this Ordinance as
Attachment 1 and made a part hereof by this reference.
SECTION 3. The adoption of this Ordinance declaring approval of a timetable extension for
the Verde Village Subdivision Development Agreement is fully supported by evidence contained
in the whole record, which is incorporated herein by this reference.
SECTION 4. The Ordinance shall be effective after execution of the Third Amendment to
Verde Village Development Agreement to Reflect Council-Approved Timetable Extension in
Attachment 1 by both the City and WILMA LLC, but not earlier than thirty (30) days after the
second reading of this Ordinance and signature by the Mayor.
SECTION 5. Severabilitv. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
The foregoing ordinance was first read by title only in accordance with Article X,
Sectio 2(C) of the City Charter o the day of 2013, and duly PASSED and
AD TED this day of 2013.
~ vL
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this day of 2013.
Jo Strq berg, Mayor
Revie as to form:
we
r
David chman, ity Attorney
Ordinance No. _ Page 3 of 3
Attachment 1
THIRD AMENDMENT TO VERDE VILLAGE DEVELOPMENT
AGREEMENT TO REFLECT COUNCIL-APPROVED TIMETABLE
EXTENSION
THIS THIRD AMENDMENT is made and entered into this day of 2013,
by and between the City of Ashland, a municipal corporation of the State of Oregon,
(hereinafter referred to as "City"), and WILMA, LLC, an Oregon Limited Liability Company,
(hereinafter referred to as "WILMA").
Whereas, on December 18, 2007, the City of Ashland approved Ordinance 2945 granting
approval to the Verde Village Development Agreement, a land use decision; and
Whereas, on July 17, 2009 Planning Director Bill Molnar approved and executed the
First Amendment to the Verde Village Development Agreement, approving a 12 month
administrative timetable extension as contemplated in Exhibit F of the original Development
Agreement; and
Whereas, on March 2, 2010, the Ashland City Council adopted Ordinance No. 3007, the
Recession Extension Ordinance, which ordinance created a ministerial process for the Planning
Director to grant current planning actions a 12 month timetable extension in recognition of the
difficult financial market.
Whereas, on April 9, 2010, WILMA LLC requested an extension for the entire project in
accordance with the Recession Extension ordinance.
Whereas, on June 6, 2010, the requested Amendment to the Development Agreement to
extend the timetable was approved administratively by the Director in accordance with the
Recession Extension Ordinance;
Whereas, on April 2, 2013, WILMA LLC requested an extension for the entire project in
accordance with the allowances of the original development agreement and the Oregon Revised
Statutes.
Whereas, on June 4. 2013, the Ashland City Council adopted Ordinance No. # *j~-*,2_
which amended the timetable for the entire project.
NOW THEREFORE, the Verde Village Development Agreement is hereby amended as
follows:
1. _ The above recitations are true and correct nand are incorporated herein by this
reference; and
2. Exhibit F, Timetable of Development, is hereby amended to reflect a seven (7) year
extension of time for all eligible timetables, said extension being reflected in a
Revised Exhibit F, attached hereto and made a part hereof by this reference.
Page 1 of 6
Attachment 1
3. All other provision of the Verde Village Development Agreement, not inconsistent
with the above changes remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed these presents on the dates indicated
below. The date of this Amendment shall be the date on which this Agreement was executed by
all parties.
WILMA LLC CITY OF ASHLAND
By: By:
Gregory it iams, Managing Member Jo trombpr , Mayor
Date: ~v ~3 Date:
Approved as to Form: Appr ed as to Fo
I/ 1
John Blackhurst, D vld Lohman,
Attorney for OWNER/DEVELOPER City Attorney
STATE OF OREGON )
County of Jackson )
The foregoing instrument was acknowledged before me this /1~ day of 2013,
by Gregory D. Williams, as Managing Member and authorized agent of Wilma, LLLC. \
OFFICIAL SEAL C~/`"vwC~~~~ _ 1
BARBARA M. CHRISTENSEN //L GrjY~~/
NOTARY PUBLIC-OREGON
COMMISSION NO. 442684 Notary Public for Oregon
MY COMMISSION EXPIRES SEPT. 16, 2013 1~7
My Commission Expires:
STATE OF OREGON )
County of Jackson )
The foregoing instrument was acknowledged before me this 5 day of 2013,
by John Stromber as Mayor and authorized agent for the City of Ashland pursuant to
Ordinance
OFFICIAL SEAL Notary Public for Oregon
BARBARA M. CHRISTENSEN My Commission Expires: /
NOTARY PUBLIC-OREGON
COMMISSION NO. 442684
MY COMMISSION EXPIRES SEPT. 16, 2013
Page 2 of 6
Attachment 1
REVISED EXHIBIT F
TIMETABLE OF DEVELOPMENT - OUTLINE PLAN
PHYSICAL COMMENCEMENT AND COMPLETION
[ORS 94.504(4)]
This development will be constructed in phases as shown on Exhibit D to this Agreement. Each
phase to be constructed, and the date which Final Plan and Site Review and final plat approval of
each phase must be obtained, are as follows:
Physical commencement of construction of any phase of development shall occur on or before
January 17, 2010. f
([Physical Commencement of Rice Park affordable housing project, a portion of Phase 1,
commenced on June 1, 2009.
Completion of all infrastructure and vertical construction, except for single family units on
individual platted lots, [4 total exempt from vertical construction deadline] shall occur no later than
January 17, 2023.
Phase Final Plan and Site Infrastructure Final Plat and Completion
Review Approval Completion of Vertical Construction
I July 17, 2009* July 17, 2020 January 17, 2022
*[Final Plan Approval was obtained on 01-06-09 for Rice Parr a portion of Phase
1]
*[Final Plan Approval was obtained on 01-25-09 for the remainder of Phase 1]
July 25, 2018$ Final Civil Plan Approval (construction
authorization) and any associated construction permits must be
obtained and Contract for Installation and Maintenance of Plant
Materials with Security submitted and executed, and construction
commenced with respect to Phase I elements no later than specified.
$[Final Civil Plan Approval (construction authorization] for Rice
Parr a portion of Phase 1, was obtained on May 5, 2009.]
July 17, 2020. Complete extension of Almeda to
Nevada Street, completion of construction of "Canine
Way" access to Dog Park, including installation of
water, sanitary sewer, storm drainage power, gas,
telephone and all utilities.
July 17, 2020. Complete sidewalk on the north side
of Nevada Street from the eastern project boundary to
the intersection of Nevada and Oak Street.
Page 3 of 6
Attachment 1
July 17, 2020. Complete Restoration and
Enhancement of Riparian Corridor and Wetland
Areas pursuant to Contract for Installation of Plant
Materials, Security and Preserve Area Management
Plan.
July 17, 2020. Complete construction of multi-use
path and transfer deed to City of Ashland to
effectuate land exchange and acceptance of tendered
public recreation improvements.
July 17, 2020. Complete construction of subdivision
infrastructure to the affordable housing site and
complete extension of all needed public facilities to
the affordable housing site. (to service 15 townhome
units).
July 17, 2020. Complete construction of
"subdivision" hifrastructure for Phase I (R-1-3.5
portion) of the project inclusive infrastructure for one
(1) single family lot, and infrastructure for twenty-
four (24) cottage units
July 17, 2020. Phase I. Deadline for final survey to
be signed after completion of subdivision
infrastructure and before start of vertical
construction.
July 17, 201 L f t Deadline to transfer property
title to Affordable Housing Tract to Rogue Valley
Community Development Corporation (RVCDC) or
other approved non-profit affordable housing
developer. Transfer shall occur prior to vertical
construction on any Phase of the project.
f f The Affordable Housing Tract was transferred to
RVCDC on December 09, 2008, upon approval of the
early conveyance by the City Council on October 07,
2009.
January 17, 2022. Vertical construction deadline for
twenty-four (24) cottage units & vertical construction
deadline for fifteen (15) multi-family units for
affordable housing (town-homes).
Page 4 of 6
Attachment 1
Phase Final Plan and Site Infrastructure Final Plat and Completion
Review Approval Completion of Vertical Construction
II July 17, 2020 July 17, 2022 January 17, 2023
January 17, 2022.$$ Final Civil Plan Approval (construction
authorization) and any associated construction permits must be
obtained and Contract for Installation and Maintenance of Plant
Materials with Security submitted and executed, and construction
commenced with respect to Phase II elements within 18 months of
Final Plan Approval, no later than specified.
July 17, 2022. Complete construction of
"subdivision" Infrastructure for Phase II (R-1-5
portion) of the project inclusive infrastructure for
three (3) single family lots on Nevada Street, and
infrastructure for twenty-five (25) single family lots,,
including Sander Way parkrow.
July 17, 2022. Phase II. Deadline for final survey to
be signed after completion of subdivision
infrastructure and before start of vertical
construction.
January 17, 2023. Vertical
construction deadline for
twenty-five (25) single family
homes of which 19 are
detached and 6 are attached.
July 17, 2022. Completion of Maintenance and
Security Period for Restoration and Enhancement of
Riparian Corridor and Wetland Areas pursuant to
Contract for Installation of Plant Materials, Security
and Preserve Area Management Plan from Phase I.
Failure to strictly comply with this timetable of development requires an amendment to this
Agreement and subjects the Owner to then current.laws, including but not limited to engineering
construction standards, contrary, to the ordinary protection of ORS 92.040. The title transfer,
physical commencement and the 2023 completion deadline shall not be administratively extended.
After the construction termination date, no further development as authorized herein (except for
building permits for single family units on individual platted lots) shall be allowed on the subject
property unless such development is in compliance with applicable development regulations in
Page 5 of 6
Attachment 1
effect at the time. Any amendment to the extent of the Amendment shall comply with the laws in
effect at the time the amendment is sought.
Failure of the timetable of development to list an element of the Project does not relieve or
excuse the Owner from the requirement to complete that element.
Page 6 of 6