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HomeMy WebLinkAboutComments PWS 5/15/2009 L1MBIRD Andrew Subject: MOORHEAD Chris , Friday, May 15, 2009 10:22 AM 'Mark Vukanovich'; favreaugroup@msn.com; survey@dishmail.net ERNST Dennis; HUNTER Peggy K; 'Chad Bettesworth'; L1MBIRD Andrew; tharty@hayden- homes. com RE: "The Cottage Collection At The Heights" CCR Document - some edits From: Sent: To: Cc: Hi Mark, TheCCR's are complete to our satisfaction, so you can bring in the final plat application and docs at your convenience. sent you an email a couple days ago with the list of things to bring, and for your convenience, it is attached below as well. Thanks, Chris Chris Moorhead, PLS Surveyor, City of Springfield Public Works 22S Fifth Street; Springfield, Oregon 97477 Tel. 541-736-1011 Fax 541-726-3781 cmoorhead!fiJci.sorinafield. or. us From: MOORHEAD Chris Sent: Tuesday, May 12, 2009 2:04 PM, To: 'Mark Vukanovich'; 'favreaugroup@msn.com'; 'survey@dishmail.net' Cc: LIMBIRD Andrew; HUNTER Peggy K Subject: Received mylars for The Cottage Collection Hi Mark, I just received the mylars and the bond copy of the plat from Tony. I just wanted to send you the reminder checklist I sent Tony last week for the Final Plat Submittal Application. Attached below is that email and list. I understand you will be delivering the remainder of the submittals. One thing I forgot to add to the list is we need the original signed copies of the 2 Affadavits Of Consent from the Trust Deed holders (MW housing partners and Homestreet bank). Thank's, Chris Chris Moorhead, PLS Surveyor, City of Springfield Public Works 225 Fifth Street; Springfield, Oregon 97477 Tel. 541-736-1011 Fax 541-726-3781 cmoorhead!fiJc/.sorinafield.ar. us From: MOORHEAD Chris Sent: Wednesday, May 06,20095:32 PM To: 'ANTHONY J FAVREAU' Subject: RE: North Cluster Tony, 1 Dat~Received' ~;';.l/"J.n,9 Planner: AL Thanks for the drawing. The easement looks perfect to me and is OK with all concerned parties as well. I look forward to taking a glance at your final drawing tomorrow and I will get back to you by Friday morning. Just a refresher checklist on what to bring with the final plat application packet: . the "Land Division Plat" application form with the "Subdivision Plat Submittal" box checked, and the second page needs to be signed in the "Submittal" box . a check for the Development Code Application fees for a subdivision (Tara Jones at DSD would be able to verify the correct amount 736-1003) . the mylars and a bond copy of the plat . Current title report (dated no older than 30 days). and a copy . A copy of the current deed for the property, and a copy . The supplemental CCR's, signed and ready to record, and a copy . The post monumentation deposit form and check for the post mon and tech fees Thanks, Chris 2 Dat~ Received: Planner: AL ,/;s-~, I / L1MBIRD Andrew From: Sent: To: Cc: . Mark Vukanovich [mark@suntrustland.com] Wednesday, May 13, 2009 12:37 PM MOORHEAD Chris; favreaugroup@msn.com; survey@dishmail.net . ERNST Dennis; HUNTER Peggy K; 'Chad Bettesworth'; L1MBIRD Andrew; tharty@hayden- homes. com RE: "The Cottage Collection At The Heights" CCR Document - some edits Cottage Supplemental CCR's - suggested edits3 (2).doc Subject: Attachments: Chris, See revised CCR's with the corrections that Andy requested. Thanks, , Mark. Mark Vukanovich Sun Trust Land Company, LLC 61878 Bunker Hill Court Bend, OR 97702 Office: 541-330-2309 Fax: 541-330-2389 Mobile: 541-350-1060 From: MOORHEAD Chris [mailto:cmoorhead@ci.springfield.or.us] Sent: Tuesday, May 12, 2009 11:25 AM , To: 'Mark Vukanovich'; 'favreaugroup@msn.com'; 'survey@dishmail.net' Cc: ERNST Dennis; HUNTER Peggy K; 'Chad Bettesworth'; LIMBIRD Andrew Subject: ''The Cottage Collection At The Heights" CCR Document - some edits Gentlemen, Apart from these few edits that Andy has suggested to the CCR's (see email below), the 5urvey Department doesn't have any other edits to add. After clearing up those edits, please submit the final plat application packet at your convenience. Thanks,Chris Chris Moorhead, PLS Surveyor, City of Springfield Public Works 225 Fifth5treeC Springfield, Oregon 97477 Tel. 541-736-1011 Fax 541-726-3781 cmoorheadiEiJcisarlnafield.ar.us From: LIMBIRD Andrew Sent: Tuesday, May 12, 2009 9:54 AM To: MOORHEAD Chris; 'MarkVukanovich' Subject: CCR Document - some edits 1 Date r~eceived: r 4/~" Planner: AL j-"- .. I reviewed the latest CC&R document and made some further edits in the Track Changes mode as there are some new clauses that have been added. Perhaps it is just a typo, but it should be clear this development is not exempt from provision of at least 2 off street parking spaces for each dwelling unit. The City does not differentiate between a single . . garage with parking pad/driveway or a double garage provided the 2 space requirement can be met. This is reflected in the edits. If it is the desire of the developer to ensure each dwelling has a double garage, I do not object to this change but the language should be revised accordingly. Thanks Andy 2 Datel Received: sfye7- Planner: AL : After Recording Return To: SunTrust Land Company, LLC 61878 Bunker Hill Court Bend, OR 97702 DRAFT SUPPLEMENT AL DE CLARA TION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR THE COTTAGE COLLECTION AT THE HEIGHTS, a replat of Lot 130, MOUNTAINGATE WEST THIS SUPPLEMENTARY DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR MOUNTAINGATE WEST (THE HEIGHTS) is made by SunTrust Land CUWl-""'y, LLC ("Declarant"). The plat for MountainGate West was recorded on November 9, 2006, in the Plat Records of Lane County, Oregon, and assigned Recorder's Number 2006-80817 in the Official Records of Lane County, State of Oregon. MountainGate West includes Lots 1- 130 and Tracts A, B, C and D. Declaration of Covenants, Conditions, Restrictions and Easements (CCR's) for MountainGate West (The Heights) was recorded on June 22, 2007, in the Plat Records of Lane County, Oregon, and assigned Recorder's Number 2007-042497, Official Records of Lane County, State of Oregon. Lot 130 of Mountain Gate West is being resubdivided into 53 lots known as The Cottage Collection at The Heights (The Cottages). Lots 1-53 and all open space associated with The Cottages shall be held, transferred, sold, conveyed, and occupied subject to the Oregon Planned Community Act as may be amended from time to time and subject to the covenants, conditions, restrictions and easements for MountainGate West. Now therefore, the following Covenants, Conditions, Restrictions and Easements directly apply to The Cottages and act as a Supplement/Modification to the original CCR's. If any conflicts arise between these Supplements and the original CCR's, then this document as it relates solely to The Cottages will prevail. Page 1 of5 Date Received: S;/;/J<<l'! Planner: AL . DRAFT . Minimum Residential Square Footage Except, there is no minimum residential floor area as required in Section 4.2. Due to the nature of the smaller lot sizes within The Cottages development; the minimum square footages required on Lots 1-129 of MountainGate West (Estate Lots) do not apply to Lots 1-53 of The Cottages. GarageslParking Each dwelling is required to provide off street parking for at least two vehicles. However, each dwelling is not required to provide and/or maintain a minimum of two car garage if the off street parking requirement is met. " Vie~s , Due to the size of the lots, there is no requirement that a structure, lighting, landscape designs and locations on Lots and Common Area property must take into consideration the preservation of natural site features and not unreasonably restrict or impact the views of neighboring homesites. Getting homes built on these sized lots will be challenging and trying to preserve views is unreasonable and will not be required. Exterior Lighting Exterior Lighting is allowed and subject to the consent of the ARC. Trees It is anticipated that each lot will riot be required to plant 3 street trees as mentioned in the original CCR's since these lots are significantly smaller in width than the Estate Lots. The previously approved street trees along MountainGate Drive will be required to be planted prior to occupancy approximately every 30 feet. Each lot will be required to plant at least one tree in the rear and front of each home prior to occupancy. Prior to occupancy, each owner of Lots 1-16 will be required to plant one coniferous tree, at least 8 feet in height at the time of planting, within the rear of each lot along the northern lot line. If trees are planted prior to any construction for a given lot, then said tree(s) shall be protected from construction impacts by installation of appropriate barrier fencing. Page 2 of5 Date, Received: S:/;)~' Planner: AL I / DRAFT Trees that are to be retained within the 15 foot wide Private Conservation Easements affecting Lots 1-16, 36, 37 and 53 and those within Tract A shall be protected from construction impacts by installation of appropriate barrier fencing. Planting of all trees will need to be approved as required in Section 6.1 of the CCR's. Retaining Walls It is anticipated that retaining walls will be built along the front of Lots 29-36, the side of Lots 37 & 53 and the rear of Lots 51-53. These retaining walls will be engineered and constructed to perform a structural support function for the affected lots. The owners of each lot will be responsible to preserve the retaining walls in original, unmodified ' condition so they perform the function that they were built for. It is further anticipated that retaining walls will be used to help construct the street turnaround "hammerheads" affecting Lots 18 & 19 and 51 & 52. These hammerhead retaining walls will be maintaiTIed by the Heights Owners Association as part of the private street maintenance obligation. the Heights Owners Association has a blanket easement over Lots 18 & 19 . and 51 & 52 to maintain said retaining walls. , Private Conservation Easements Fifteen foot wide conservation easements have been established on the Plat of The Cottages and are located upon portions of Lots 1-16,36,37 & 53. These easements have been established to help preserve the natural vegetation and character of the northerly and southerly exterior boundary of The Cottages Development. No structures, including decks and porches, shall be located within these areas; approved fences are exempt from this 'condition. Retaining structures required to maintain the stability of a dwelling on a lot or to prevent soil movement may be allowed if recommended by a geotechnical engineer or strUctural engineer licensed in the State of Oregon and if. specifically approved by the City of Springfield and the Architectural Review Committee. Any such structure shall be designed to minimize intrusion into the Conservation Easement area and to approximate natural grades and maintain natural Vegetation. No native vegetation may be removed from within these areas except as necessary to meet fuel break standards for fire protection and diseased or danger trees as determined by a professional forester, arborist or other certified landscape professional (landscape professional) and approved by the City. Diseased and danger trees to be removed shall be shown on the initial building permit application submittal to the City, with a landscape professional's written opinion identifying the nature of the hazard or , must otherwise be authorized for removal through an independent tree felling permit issued by the City. Trees and understory may be thinned and pruned to enhance their health and appearance and to meet fire protection standards. Nonnative vegetation including blackberries, scotch broom and ivy may be removed. The use of herbicides within the Conservation Easement area is limited to application to individual nonnative Page 3 of5 Date Received: s;/;a 1;,.,., Planner: AL '/ .. DRAFT plants. Broadcast application is strictly prohibited. Use of heavy equipment within the easement area is limited to the minimum necessary for permitted tree removal or utility maintenance or repair. Fencing is allowed within the Conservation Easement provided that it is approved by the Architectural Review Committee. Fencing located witl\in the Conservation Easement shall be installed such that it does not impact healthy native trees . that have a diameter at breast height (DBH) of five inches or greater. Fencing shall not be attached to trees. Streets The owners of Lots 1-53 of The Cottages are responsible for the financial costs associated with the upkeep and maintenance of the streets located within The Cottages Development. The Heights Owners Association will utilize a reserve study in order to help identifY the appropriate amount of Homeowners Dues specifically required from the owners of The Cottages to cover the additional costs associated with the maintenance obligation of said streets. Private Services Within the Public Utility Easements and Access Easements, all utilities past the electric vaults serVing an individual residence, all water service past the water meter serving an individual residence, all television service past the main junction box serving an individual residence, and any other utility service serving ari individual residence past its main junction box are private services maintained by the residence or lot they serve. Tract A Tract A is to be owned and maintained by the Heights Owners Association and can be used and enjoyed by all members of the Association. Amenities within Tract A will include a public trail allowing the public to gain access to the main trail system that meanders through Mountain Park. This trail will be identified as a public trail and it is anticipated that it will be maintained by Willamalane Parks District or designate. Any o~her amenities will be owned and maintained by the Heights Owners Association. ARC Review & Building Guidelines The Declarant reserves the right to modifY the Review Process and Building Guidelines for The Cottages. It is anticipated that the homes at The Cottages will be built in a manner more associated with "production building" and therefore will not require a formal Review Process nor elaborate Building Guidelines. The Declarant will review the design of each structure type and general landscaping and fencing concepts for The Page 4 of5 Dat~ Recejved:-s:~' /~bo'l. Planner: AL 1"'''f=- DRAFT Cottages. Declarant's approval is required for any structure, landscaping, retaining walls, fencing, etc. Amendments Prior to the Turnover Meeting, this Supplemental Declaration may be amended at any time by the Declarant, to the extent permitted by Law, by a properly recorded instrument executed by Declarant. Otherwise, this Supplemental Declaration may be amended at any time by an instrument approved by not less than 75% of the total votes of each class of members that' are eligible to vote. of IN WITNESS WHEROF, Declarant has executed this instrument this ,2009. day SunTrust Land Company, LLC By: Mark Vukanovich, Managing Member STATE OF OREGON ) )SS. County of Lane ) This instrument was acknowledged before me on 2009, by Mark Vukanovich, a Managing Member of Sun Trust Land Company, LLC, Notary Public for Oregon My commission expires: Page 5 of5 Date Received: ~iy~ Planner: AL L1MBIRD Andrew From: Sent: To: Cc: Subject: Attachments: Chris, Mark Vukanovich [mark@suntrustland.com] Monday, May 11, 2009 1 :46 PM MOORHEAD Chris L1MBIRD Andrew; favreaugroup@msn.com; 'Chad'Settesworth'; 'Hayden Watson' The Cottage Collection Cottage Supplemental CCR's.doc Attached is my most revised Supplemental Declaration of CCRs. I believe that I addressed all the prior comments of concern. Thank you for your comments on the private utilities.. ,I took it word for word and added it in. Thanks, Let me know if you have any further changes or suggestions. Mark. Mark Vukanovich SunTrust Land Company, LLC 61878 Bunker Hill Court Bend, OR 97702 Office: 541-330-2309 Fax: 541-330-2389 Mobile: 541-350-1060 1 Date Received:~/Jt"'r Planner: AL , ,., . After Recording Return To: SunTrust Land Company, LLC 61878 Bunker Hill Court Bend, OR 97702 DRAFT SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR THE COTTAGE COLLECTION AT THE HEIGHTS, a replat of Lot 130, MOUNTAIN GATE WEST \ THIS SUPPLEMENTARY DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR MOUNTAINGATE WEST (THE HEIGHTS) is made by SunTrust Land Company, LLC ("Declarant"). The plat for MountainGate West was recorded on November 9, 2006, in the Plat Records of Lane County, Oregon, and assigned Recorder's Number 2006-80817 in the Official Records of Lane County, State of Oregon. MountainGate West includes Lots 1- 130 and Tracts A, 8, C and D. Declaration of Covenants, Conditions, Restrictions and Easements (CCR's) for MountainGate West (The Heights) was recorded on June 22, 2007, in the Plat Records of Lane County, Oregon, and assigned Recorder's Number 2007-042497, Official Records of Lane County, State of Oregon. Lot 130 of Mountain Gate West is being resubdivided into 53 lots known as The Cottage Collection at The Heights:CThe Cottages). . Lots le53 and <ill open space associated with The Cottages shall be'held, transferred, sold, conveyed, and occupied subject to the Oregon Planned Community Act as may be amended from time to time and subject to the covenants, conditions, restrictions and easements for MountainGate West. . . Now therefore, the following Covenants, Conditions, Restrictions and Easements directly apply to The Cottages and act as a SupplementIModification to the original CCR's. If any conflicts arise between these Supplements and the original CCR's, then this document as it relates solely to The Cottages will prevail. Pagelof5 Date ~eceived;.5/11~7 Planner; AL . " DRAFT Minimum Residential Square Footage Except, there is no minimum residential floor area as required in Section 4.2. Due to the nature of the smallerlot sizes within The Cottages development, the minimum square footages required on Lots 1-129 of MountainGate West (Estate Lots) do not apply '. to Lots 1-53 of The Cottages. Garages/Parking Each dwelling is not required to provide off street parking for at least two vehicles. Each dwelling is not required to provide and/or maintain a minimum of two car garage. Views Due to the size of the lots, there is no requirement that a structure, lighting, landscape designs and locations on Lots and Common Area property must take into consideration the preservation of natural site features and not unreasonably restrict or impact the views of neighboring homesites. Getting homes built on these sized lots will be challenging and trying to preserve views is unreasonable and will not be required. Exterior Lighting Exterior Lighting is allowed and subject to the consent of the ARC. Trees It is anticipated that each lot will not be required to plant 3 street trees as mentioned in the original CCR's since these lots are significantly smaller in width than the Estate Lots. The previously approved street trees along MountainGate Drive will be required to be planted prior to occupancy approximately every 30 feet. Each lot will be required to plant at least one tree in the rear and front of each home prior to occupancy. Prior to occupancy, each owner of Lots 1-16 will be required to plant one coniferous tree, at least 8 feet in height at the time of planting, within the rear of each lot along the northern lot line. If trees are planted prior to any construction for a given lot, then said tree( s) shall be protected from construction impacts by installation of appropriate barrier fencing. Page 2 of 5 Date Received' SI/~1 Planner: AL DRAFT Trees that are to be retained within the 15 foot wide Private Conservation Easements affecting Lots 1-16,36,37 and 53 and those within Tract A shall be protected from construction impacts by installation of appropriate barrier fencing. Planting of all trees wil) need to be approved as required in Section 6.1 of the CCR's. Retaining Walls It is anticipated that retaining walls will be built'a1ong the front of Lots 29-36, the side of Lots 37 & 53 and the rear of Lots 51-53. These retaining walls will be engineered and constructed to perform a structural support function for the affected lots. The owners' of each lot will be responsible to preserve the retaining wal]s in original, unmodified condition so they perform the function that they were built for. IUs further anticipated that retaining wal]s will be used to help construct the street turnaround "hammerheads" . affecting Lots 18 & 19 and 51 & 52. These hammerhead retiining walls will be maintained by the Heights Owners Association as part of the private street maintenance obligation. The Heights Owners Association has a blanket easement over Lots ] 8 & 19 and 51 & 52 to maintain said retaining walls. Private Conservation Easements Fifteen foot Wide conservation easements have been established on the Plat of The Cottages and are located upon portions of Lots ]-16,36,37 & 53. These,easements have been established to help preserve the natural vegetation and character of the . northerly and southerly exterior boundary of The Cottages Development. No structures, including decks and porches, shall be located within these areas; fences are except from this condition. Retaining structures required to maintain the stability of a dwelling on a lot or to prevent soil movement may be allowed if recommended by a geotechnical engineer or structural engineer licensed in the State of Oregon and if specifically approved by the City of Springfield and the Architectural Review Committee. Any such structure shall be designed to minimize intrusion into the Conservation Easement area and to approximate natural grades and maintain natural :vegetation. No native vegetation may be removed from within these areas except as necessary to meet fuel break standards for fue protection and diseased or danger trees as determined by a professional forester, arborist or other certified landscape professional (landscape professional) and approved by the City. Diseased, and danger trees to be removed shall be shown on the initial building permit application submittal to the City, with a landscape professional's written opinion identifying the nature of the hazard or must otherwise be authorized for removal through an independent tree'felling permit issued by the City. Trees and understory may be thinned and pruned to enhance their health arid appearance and to meet fire protection standards. Nonnative vegetation including blackberries; scotch broom and ivy may be removed. The use of herbicides within the Conservation Easement area is limited to application to individual nonnative plants. Broadcast application is strictly prohibited. Page 3 of5 Date f~teceived: S/ll/.J-.o'rJL- Planner: AL ' DRAFT Use of heavy equipment within the easement area is limited to the minimum necessary for permitted tree removal or utility maintenance or repair. Fe'ncing is allowed within the Conservation Easement provided that it is approved by the Architectural Review Committee. Fencing located within the Conservation Easement shall be installed such that it does not impact healthy native trees that have a diameter at breast height (DBlI) of five inches or greater. Fencing shall not be attached to trees. Streets The owners of Lots 1-53 of The Cottages are responsible for the financial costs associated with the upkeep and maintenance of the streets located within The Cottages Development. The Heights Owners Association will utilize a reserve study in order to help identify the appropriate amount of Homeowners Dues specifically required from the' oWners of The Cottages to cover the additional costs associated with the maintenance obligation of said streets. Private Services Within the Public Utility Easements and Access Easements, all utilities past the electric vaults serving an individual residence, all water service past the water meter serving an individual residence, all television service past the main junction box serving an individual residence, and any other utility service serving an individual residence past it's main junction box are private services maintained by the residence or lot they serve. Tract A Tract A is to be 'owned and maintained by the Heights Owners Association and can be used and enjoyed by all members of the Association. Amenities within Tract A will include a public trail allowing the public to gain access to the main trail system that meanders through Mountain Park. This trail will be identified as a public trail and it is anticipated that it will be maintained by Willamalane Parks District or designate. Any other amenities will be owned and maintained by the Heights Owners Association. ARC Review & Building Guidelines The Declarant reserves the right to modify the Review Process and Building Guidelines for The Cottages. It is anticipated that the homes at The Cottages will be built in a manner more associated with "production building" and therefore will not require a formal Review Process nor elaborate Building Guidelines. The Declarant will review the design of each structure type and generallahdscaping and fencing concepts for The Cottages. Declarant's approval is required for any structUre, landscaping, retaining walls, fencing, etc. Page 4 of5 Date Fleceived: Planner: AL . r!'/:r>v1 . I DRAFT Amendments Prior to the Turnover Meeting, this Supplemental Declaration may be amended at any time by the Declarant, to the extent permitted by Law, by a properly recorded instrument executed by Declarant. Otherwise, this Supplemental Declaration may be amended at any time by an instrument approved by not less than ,75% of the total votes of each class of members that are eligible to vote. of IN WITNESS WHEROF, Declarant has executed this instrument this .2009. day SunTrust Land Company, LLC By: Mark Vukanovich, Managing Member STATE OF OREGON ) )SS. County of Lane ) This instrument was acknowledge before me on .2009, by Mark Vukanovich, a Managing Member of SunTrust Land Company, LLC. Notary Public for Oregon My commission expires: Page 5 of5 Date Received' <: / /;/,J-Ni Planner: AL /