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