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HomeMy WebLinkAboutNotes, Work PLANNER 10/23/2006 .. -I I PLAT REVIEW, STAFF REPORT & 'DETERMINATION OF COMPLIANCE #2 SUBDIVISION PLAT, HILLSIDE DEVELOPMENT, TREE FELLING PERMIT PHASE 4 - MOUNTAINGATE WEST SUBDIVISION - Journal Numbers: Associated Files: I I SUB2003-00063- Subdivision Tentative Planning File 1995-02-0039 DRC2003-00068- Hillside Development MountainGate Master Plan Approval DRC2003-00067- Tree Felling Permit Date of Tentative Decision: Consultina Enaineers: February 27, 2004 Tony Favreau PE Date of Plat Pre-Submittal Meetina Consultina Surveyor: June 30, 2006 Lloyd Tolbert PLS Tolbert Associates LLC PO Box 70224 Date of Re-Submittal Eugene OR 97401 July 27, 2006 - August 31,2006 Consultina Geo-technical Enaineer Date of This Review: Richard Hanford PE PSI Professional Service Industries October 5, 2006 1040A Shelley Street Update Status Report: 10/23/06 k Springfield, OR 97477 /tJ /:;~JlJb tJ&, 5 Owner: / / ~ Consultina Forester: Sun Trust Land Development Doug Wolf ~ . Attn: Mark Vukanovich Oregon Forestry Service 780 NW York Drive, Suite 204 P.O. Box 2114 Bend, OR 97701 Jasper, OR 97438 I I DETERMINATION: PLAT APPROVAL REQUIRES COMPLIANCE WITH THE ATTACHED PUNCH LIST OF OUTSTANDING ITEMS. The materials submitted through September 1 do not demonstrate compliance with the conditions of the afore mentioned Subdivision, Hillside Development and Tree Felling Decision Conditions of Approval. Staft will recommend approval of MountainGate West Subdivision by the City Engineer and Planning Director when the conditions of tentative approval and platting are satisfied in accordance with the findings and conclusions contained herein. Date ~eceived: (0 -2. 3-() ~ Planner: ---rt ~ I , lof3gf~ . . APPLICABLE CRITERIA FOR APPROVAL 35.100 SUBDIVISION PLAT CRITERIA OF CITY APPROVAL. The Director, in consultation with the City Surveyor and City Engineer shall, approve or deny the Subdivision Plat. Approval shall be based on compliance with the following approval criteria as applicable: (1) The City Surveyor has approved the Subdivision Plat for compliance with applicable platting requirements in accordance with State law, Lane County ordinances and any other applicable regulations. (2) Streets, bicycle paths, accessways, and alleys for public use have been dedicated without any reservation or restriction other than reversionary rights upon vacation. (3) Public improvements, as required by this Code or as a condition of Tentative Plan approval, are completed, or: (b) A performance bond'or suitable substitute as agreed upon by the City Engineer and the applicant has been filed with the City in an amount sufficient to assure the completion of all required public improvements. (4) Public assessments, liens, and fees with respect to the Subdivision have been paid, (5) All conditions of Tentative Plan approval have been met and the Subdivision Plat substantially conforms to the provisions of the approved Tentative Plan. MATERIALS REVIEWED: MountainGate Master Plan Approval 1995-02-0039 LAND USE DECISIONS: SUB2003-00063- Subdivision Tentative DRC2003-00068- Hillside Development DRC2003-00067- Tree Felling Permit PLAT SUBMITTALS: Revised Phase 4 Plat Application Submittals and Response to Conditions of Approval Document received on July 27,2006 and materials submitted through August 31, 2006. The materials are revised in response to the initial City response dated June 20, 2006. . . MountainGate West Hillside Development Plan (July 27 version, as revised) A. Development Plan Map B. Tree Preservation Plan C. Fire Protection Plan D. Geotechnical Requirements E. Grading, Slopes & Drainage F. Individual Lot Standards & Guidelines G. CCRs PIP: Public Improvement Project P30402 - MountainGate Phase 4 (Approved for Construction on February 2,2006.) The project has been bonded in accordance with SDC 35.100 to satisfy platting requirements. The applicant has submitted a PIP Addendum for the 59th Street area known as Phase 4b. The Public Improvement Plan Addendum has not been approved for the S. 59th Street area. The PIP requires engineering, planning and survey review for compliance with subdivision conditions of approval) prior to approval for bonding and construction. NOTE 1: As reflected below, there are conditions of approval that must be addressed during PIP review and initial construction of the Phase 4b area. No Plat Approval will be issued by the City Engineer prior to approval and bonding of Public Improvement Plans for the remainder of the site. No plat approval will be issued by the Director until all conditions of approval related to pre-construction (ie tree preservation) are met. FINDINGS IN SUPPORT OF THE DETERMINATION The attached document contains the applicant's response to land use conditions specified for final plat approval of Phase 4, or MountainGate West Subdivision. The proposed plat incorporates all of Phase 4 including the 59th Street area known as Phase 4b. This is the third status (previous versions include ). Only the outstanding conditions of approval are addressed below. City Staff's (Planning, Public Works, Fire and Life Safety) response to applicant submittals is documented for each outstanding condition. Review comment documents from Surveying, PW Engineering and Fire and Life Safety . Departments are attached. Conditions of Approval The applicant's submittal and this review document refer to Attachment "A" , Tentative Subdivision Approval SUB2003-00062. The attachment includes applicable Master Plan conditions and all conditions of tentative approval for concurrent subdivision, tree felling and hillside development approvals. Master Plan Approval Conditions Condition 1: Prior to final public improvement plan or plat approval the applicant must submit the following easement information: a) An approval letter from SUB Water Department for the Phase IV water system and easement locations. . . Applicant Response: Done for final improvement plan. Please see attached SUB letter from Bart McKee addressing the water system and easement locations. Staff Response: This portion of the condition is satisfied by the submitted 7/19/06 e-mail from Bart McKee. b) The final plat shall show all existing and proposed easements' necessary to serve the site with public and private utilities. Applicant Response: All existing and proposed easements necessary to serve the site with public and private utilities are shown on the plat. Staff Response: Second Round Survey Comments have been forwarded to the applicant by Surveyor John Driscoll. This condition will be complete when the surveyor's comments and any requested revisions related to Hillside Development Plans and CCRs contained in this report are made. A field review of the Phase 4b PIP (and that portion of the plat) was conducted for review of easements on September 29, 2006. The revisions to the HOP and CCRs relating to private Vegetation Conservation Easements contained in the resulting memo (Donovan, September 29, 2006, attached) mL$t be incorporated in the final submittal. All minor revisions resulting from this review and PIP work shall be shown on the final plat and associated documents. (See Note 1, above.) Unless otherwise noted herein, these shall be the final adjustments prior to platting. Conclusion: This condition will be met when the final adjustments for consistency with other documents are made prior to mylar submittal. o Easements added to Sgh Street Area? o Easement language cleaned up (Public- Private?) o JUAMA language limiting access at S[jh hh? o Standardized Pres and Consv easements on plat? o 10/12/06 301 ~rJ ~~ v-J I fU4 ~ \1_ I 0 C <v"'- ~ d-,.tl :>d-1J' J~+/- SI\.B Condition 2: The 12" line necessary to serve Phase IV must be constructed and accepted by SUB Water and the City of Springfield. Applicant Submittal: The 12" line is part of approved set of plans for MountainGate phase 3b. That phase is currently under construction and the water line is expected to be completed by September 1st. Suntrust Land Company has an agreement with the developers of phase 3b that if said line is not completed then, that developer will put in a temporary line so that the fire flow has the appropriate capacity while homes are being built in MountainGate West. Staff Response: The above method for provision of water service to MountainGate West was proposed by MountainGate Phase 4 developers in 2003. The condition for plat . . approval was included in the tentative decision on February 27, 2004 and clearly states that the 12 inch water line providing service to Phase 4 must be constructed and accepted by SUB Water and the City of Springfield. The 12" water line is part of a water system being installed in conjunction with public improvements bonded as part of MountainGate Phase 3b by Alberts Development LLC. However, the water system is not part of the public improvement project bonded by Alberts with the City. The work is not financially guaranteed as part of SUB Water design approvals because SUB does not accept bonds in lieu of functioning water systems. The private agreement submitted was intended to limit the existing temporary system to Phases 1-3 and guarantee that a permanent water system would be complete to serve Phases 1- 3 and be available to Phase 4 by September 1, 2006. (See "Temporary Water Service and Fire Flow Pump Agreement, MountainGate Phases 1,2 and 3.'). The agreement has failed to produce the water system by the, agreed deadline. A second temporary service system design has been approved by SUB and would provide Fire flows acceptable to the City Fire Marshall, but has not been constructed yet. The Director finds that the condition has not been met for the following reasons: . The condition was applied to guarantee that the proposed water system is available prior to final plat of Phase 4. . The Phase 1-3 permanent water system is not complete and there is no temporary system available to serve Phase 4 yet. . An operable water system cannot be bonded by the applicant in accordance with SDC 35. 100 for approval of Phase 4 final plat because a) the proposed system of water service was conditioned for construction and acceptance, b) the water service is controlled by developers of a different phase of MountainGate, and c) water systems are not included in bonded public improvements and bonds are not accepted by SUB Water. Conclusion: This condition will be satisfied when a water system is constructed and accepted by SUB Water and the Fire and Life Safety Department and is available to serve Phase 4 (MountainGate West). o Line nearly ready on 10/10, needs SUB and Fire acceptance. No inspection request to Fire as of 10/12/06. Baf" -Y ? kL- ~ 7 , Condition 9: Prior to Plat approval of Phase 4; (a) An agreement between the City and the applicant for the long term maintenance of storm water ponds and water quality swales located on Phase 4 shall be signed. Applicant Response: The City of Springfield will maintain the functionality including inlets and outlets. The Association will maintain the landscaping and beautification of the detention facility and swales. The City Engineering Department is to supply their standard agreement to the Developer for signature. Staff Response: The agreement has not been signed as of the date of this letter. The storm water facilities have been in a dynamic state of revision as wetland and reclamation plan issues have been addressed with outside agencies (DSUCorps, . . Willamalane.) The PW Engineering Department has supplied the standard template agreement. The applicant must provide a detailed proposal for the maintenance of public and private facilities. The details should be included in discussions with Willamalane and the DSUCorps. Please consult the PW Engineering Division for more information. Conclusion: This condition will be met when the agreement has been signed by all affected parties and delivered to the City of Springfield. o Draft agreement to PW on 10/10/06. -==-'/ sf~,..) ~ JViPI11. (b) Deed restn I ns shall be placed upon the upper s Ie area to be established as 0 en space and upon the detention pond to assure retention of thei continued use for storm water management. Applicant Hespo se: The upper swale area and detention pond is shown on the plat as Tract C and Tra S, respectively. Maintenance of the upper swale and detention pond will be done by the HOA, assuring retention of their continued use for stormwater management. Staff Response: The Hillside Development Plan and CCRs must be revised as detailed in this response and the City Surveyor's comments. 8w. Conclusion: This condition will be met when the HOP, CCRs and the Plat mylars are revised for consistency. (See HDP/CCR redline copies attached.) ~ o No deed restrictions necessary if accomplished by other docs. Check for th2 ~c i::S, I c yL language in the CCRs and HOP. 10/10/06 --1- t-t-D V { 'J.. . ~~~l Condition 17: The developer shall include longitudinal drainage systems along the I uphill side of all streets constructed on cut slopes for each phase of the development as recommended by the project geo-tech as approved by the City Engineer. These drains shall discharge to a piped drainage facility, not the street gutter. / Applicant Submittal: This information has been submitted and approved by the City of Springfield's Public Works Department through the PIP process. See page 32 of the approved plans. Staff Response: e City Engineer has determined that this condition has not been satisfied on t S. 59'h Street PIP submittal. Revision and re-review of the PIP submittal is require . This condition will be met when the 59'h Street PIP Addendum is approved or the Ci Engineer verifies in writing that the drainage systems meet this condition. (See Fi Comments, Walter via e-mail on 8/16/06) o PIP not approved as of 10/19/06. Condition 20: An agreement between the applicant and the Wiffamalane Park and Recreation District for the transfer of Mountain Park and West Park into public ownership shall be executed prior to the platting of any lots south P1P (Q {C . . of Phase 4a (Phase 4, Lots 1-49 and the north cluster). All documents and plans shall include the language "public parks" and names West or Mountain Parks, deleting references to "City" parks. Applicant Response: Agreement is forthcoming. Terms have been agreed on, but document is not yet finalized by Willamalane's attorney. Staff Response: As noted above this condition has not been met. The signed transfer armentIor the parks must be submitted to the City. ~ 0 This condition has been met by the submittal of the signed agreement on 10/11/2006. Condition 21: Prior to Plat approval for any lots south of the southerly intersection of "Park Drive" and MountainGate Drive, an agreement between the applicant and the Willamalane Park and Recreation District for the transfer of "Quarry Park" into public ownership shall be executed. Also and within this timeline, the applicant shall submit to the District a reclamation plan for the quarry that will demonstrate that the proposed rehabilitation of the quarry will result in a site suitable for its intended purpose; i.e., a neighborhood park. Applicant Response: Agreement is being finalized by Willamalane's attorney. The Quarry site is being designed in conjunction with Willamalane and will result in a site suitable for its intended purpose. Staff Response: As noted above this condition has not been met. The signed transfer agreement for the parks must be submitted to the City. The reclamation plan submitted must be approved by Willamalane in writing. ~ThiS condition has been met by the submittal of the signed agreement on 10/11/2006. A signed Reclamation Plan was submitted on September 29, 2006. Condition 22: Prior to final Plat approval for any portion of Phase 4 located south of Lots 1-49 or the North Cluster, the applicant shall execute an agreement to transfer to the Park District open space and pedestrian areas necessary for connection of Mountain and West Parks. Applicant Submittal: Agreement is being finalized by Willamalane's attorney. Staff Response: As noted above this condition has not been met. The signed transfer agreement for the parks must be submitted to the City. o This condition has been met by the submittal of the signed agreement on 10/11/2006. Condition 27: The following protections shall be added to construction plans and included in transfer agreements: a) Except for vegetation control and removal necessary to address . . hazardous conditions including approved fuel breaks for fire protection, no trees or under story shall be removed in the planned open space areas protecting cultural resource sites prior to transfer the park district; b) No trees or under story shall be removed in the planned open space areas prior to transfer of the areas to the park district, excepting removal necessary for required pedestrian access improvements or for vegetation control and removal necessary to address hazardous conditions including approved fuel breaks for fire protection. Applicant Response: MountainGate's supplemental CC&Rs, approved by the City of Springfield, are included in this packet for your review. Staff Response: The above protections must be included in pending transfer agreements with Willamalane. The condition will be met when the signed transfer agreements are submitted to the City. o This condition is satisfied by sub-section l.(k) of Obligations of Seller in the Transfer Agreement submitted October 11, 2006. Condition 29: Prior to Plat approval, conservation zones shall be established on the Plat to protect identified tree preservation areas. These zones shall be established and marked as agreed upon by the City staff and the project forester. Applicant Response: These zones have been established and agreed upon by City staff and the project forester. The location of these preservation areas is identified on the attached map. A verbal description of these areas is found in the forester's report ''Tree Felling Standards for Mountain Gate Subdivision Phase IV." Staff Response: The Vegetation Conservation Easements have been identified in the field (Sgh Street Addendum area complete on September 29, 2006). The attached Hillside Development Plans, CCRs and Plat descriptions require revision for corency. This condition will be met when all descriptions are consistent. / 0 The affected documents have been revised. The final copy of the plat requires review with the City Surveyor as of 10/12/06. Subdivision Approval Conditions Applicant Submittal: 1) & 2) & 3)- drafts of easements have been submitted to surveyors. Staff Response: The City Surveyor's Second Comments (9/19/06) included comments regarding the easements. This condition will be met when the comments are resolved to the City Surveyor's satisfaction. o The JUAMA for lots on Sgh Street must be revised to "restrict" access to the easement area (10/19/06). f~) ~~ & MI(sJ(s~ '. . . Condition 34: Prior to construction of roads that would impact wetlands the applicant shall obtain a joint DSUU!fjACOE permit granting approvals for such imports, ' Applicant Response: Permits are in place and no modifications are anticipated at this time. Staff Response: The proposed mitigation and wetland creation has changed since the start of PIP construction. A current permit, wetland mitigation plan and status report including a concurrence letter from DSUUSACOE for all wetlands on the MounlainGate West property shall be submitted to the City prior to final plat approval. o The original DSL and ACOE permits, plus approved modifications, permit the construction fills within Phase 4. These permits are included in the tentative subdivision file. o A request to modify the permits to relocate a portion of the mitigation site to the South side of Mt.Gate to combine 2 small mitigation sites into one has been submitted to affected agencies. The ACOE/DSL have verbally concurred with requested revisions but the Corps is yet to respond in writing. The expanded mitigation site is in the South Cluster, not within Phase 4, and will not affect the platting of Phase 4. o Current permits for the entire site are on file. Permitted wetland re-construction work in Quarry Park on Phase 4 is underway. Existing wetlands on Lots 50 and 51 have been restricted from fill without permits in Hillside Development and CCR documents. (10/12/06) Condition 35: Prior to the filling of wetlands delineated within Lots 50 and 51 the applicant shall obtain a joint DSUUSACOE permit to allow the fill to occur, Applicant Response: No approvals have been given to fill wetlands delineated within Lots 50 and 51. See page 9 of the Supplemental CC&R's under "Lots 50- 51." Staff Response: The condition requires that 'the applicant" seeking subdivision approval obtain the permits. The proposed mitigation and wetland creation has changed since the start of PIP construction. A current permit, wetland mitigation plan and status report including a concurrence letter from DSUUSACOE for all wetlands on the MountainGate West property shall be submitted to the City prior to final plat approval. o Existing wetlands on Lots 50 and 51 have been restricted from fill without permits in Hillside Development and CCR documents. This condition has been met for final plat (10/12/06) . . Hillside Conditions of Approval DRC2003-00066 Tree Fellina Conditions of Approval DRC2003-00065 Condition 42: Existing trees or clusters of trees to be preserved and substituted for street trees shall be identified and protected prior to commencement of street construction, final selection of street tree substitutes and planting or bonding of all other street trees must occur prior to plat approval. Prior to final plat approval the applicant must also submit a planting plan for the area intended for afforestation that must occupy at least 3 acres. The plan must also include areas along streets where no lots are proposed and provide details for planting street trees or other vegetation alternatives. The plan must be approved by City staff and be implemented prior to final Plat approval unless financial guaranty is provided to assure that the planting will be completed. Applicant Response: The existing trees and clusters of trees have been identified and preserved. Their location is presented on the attached map. Substitute street trees will be selected, bonded, and/or planted prior to plat approval. Afforestation of 3 acres is planned for in the wetland areas in the center of the subdivision. Additional areas will be provided for afforestation if these wetlands have portions which are unsuitable for tree establishment and growth. Financial guarantee will be provided to assure that the planting will be completed. Planting will occur only during the late fall through early spring. Staff Response: Initial tree preservation has occurred and street trees have been bonded with PIP improvements. No planting plan or financial guarantee for the proposed afforestation within the wetland and open areas has been submitted. This condition will be satisfied when planting plans have been approved and constructed or bonded. o A replanting and afforestation plan has been submitted and reviewed. The planting will be done prior to any occupancy on 4b or4c. (10/19/06). / DOCUMENT REVIEW OF: \ ~VL~ L,,~ A. Hillside Development Plan B. Tree Preservation Plan (HDP) C. Fire Protection Plan (HDP) D. Geotechnical Requirements (HDP, CCR) E. Grading, Slopes & Drainage (HDP, CCR) F. Individual Lot Standards & Guidelines (HDP, CCRs) G. CCRs " .,,", . . . . . 117>1o~ ..J . (;J /0 b r ; e~ S tJ--- . ytVIC) MountainGate West, which was approved by the City of Springfield as Phase 4A, B & C of the Master Plan Property, consists of QQ)o~, ~ha~ ~~"e, ~"en 3Jlp!Q""d a~ ~ ,,,sJelent!a), _ _., - .1 Deleted: '9 subdivision under the provisions of Mountain Gate Master Plan Approval (City File 95- 02.c003_~t an,d SJlrjllgfie1ci J)e"el()]l,!"n~ <::QeI" .(SD<::) ,s~a_n.dards ~o.n_~i!leel Jt} ?P.C; Ar!i~ie_ _ _ - - .j Deleted:] 35 Subdivisions, SDC Article 38 Tree Felling, and SDC Article 26 Hillside Development. This document satisfies the requirements of the Hillside Development and Master Plan approvals for a comprehensive "Hillside Development Plan" for the subdivision to guide the construction of dwellings on the individual lots. This plan incorporates the referenced reports required by the Hillside Development article and the City of Springfield, Developer, and future owners will use the approved Hillside Development Plan to assure that the tree felling, grading, construction, and future use will confom1 to subdivision conditions and provisions of the Master Plan requiring the protection of trees, drainages, and slopes. HILLSIDE DEVELOPMENT PLAN FOR MOUNTAINGATE WEST (M.aster Plan Phase 4) INTRODUCTION The Hillside Development Plan includes a lot-by-Iot description of conditions that will affect the design and location of structures and driveways, including special.foundation requirements on some lots. Individual DIN plans will be attached to the initial conveyance deed. The plan also includes general guidelines for the entire subdivision contained in required reports and final plans, including a Tree Preservation Plan and Fire Protection Plan. The structure of the remainder of this document is as follows: The Development Plan is on file with the City and consists of the follOWIng components: . Development Plan Map (Scale. I" = 100') . Tree Preservation Plan . Fire Protection Plan . Geotechnical Requirements . Grading, Slopes, and Drainage Guidelines - ~/.,{~ A- \ ~_" J -\0 5{&""'#Wf""'_"l/ _ ;:_.~ .. ....;.,.... -",:.-' " -. :.'?" -.... :: ~... . . .,-,. /-:':'~.._..~.. '. . . TREE PRESERVATION PLAN The purpose of this plan is to summarize and implement measures adopted to maintain the aesthetic and erosion control value of trees and native vegetation within MountainGate West as established by the approved tree felling permit, the final forester's report, Hillside Development Plan, and relevant Springfield City Code standards. Tree Removal- Gelleral. Springfield Development Code requires that a tree felling permit be obtained for the removal of more than five trees greater than five inches in diameter. Within this phase of MountainGate a tree felling permit is not required for the initial removal of trees from a lot that is required to construct the dwelling, driveway or grading necessary to place the dwelling and driveway. For other portions of the lot a City tree felling permit is required for the removal of more than five trees that are greater than five inches in diameter. Additional restrictions for tree removal exist within Conservation Easeinents and Vegetation Easements as described below. Private Conservation Easements. Conservation easements have been established on the Plat of Mountain Gate and are located upon portionsofLots 7-19. 78-84. and 116-127. The Conservation Easements on lots 124-127 will overlan rhe 15 foot wide nrivate sanitary and stOlm sewer easement oronosed on the PIP addendum and allow for init~al installation of the utilities and future maintenance. The initial installation shall be done with least irnDact construction oractices and in a manner that reduces the number of trees impacted. The Droiecl engjneer and forester shall observe the installation and field locate service stubs to each lot that reduce imoact to trees. Surface structures. oerimeter drains or othei.-m;i\;ate .stom1 water protections may be deemed necessary bv the geo-tech during buildingpennitrevic\v and shall only be located \\'ith "least imoact construction" within the easement as aoproved by the City. ,.Th~s_e_ e_a~~f!1~~~ _~ay~ _b_e~!.l_e~tap!i~h~c! to_ _ -' _ _ _ _ _ _ _ -( Deleted: 9.] 1.- preserve th" n~.tural vegetation and character of the northern ridgeline boundary of the development primarily to protect viewsheds from lower elevations towards the northern bouridarY of Mountain Gate. No structures, including decks, porches, eaves, etc. shall be :..:/-'_ locateg~'YiJ;l~.in.~~h~~e~aIe~~ ~X5?~RtJences..Reta~ning structures required to maintain the stability of~ d~elling on a lotpr t.o prevent soil movement may be allowed if .re~ommen(iei.fl)y'-~"geotechn.iCal engIneer or structural engineer licensed in the State of Oregon-and i(specifically approved-by the Springfield Development Services Department:cAny such structure shall be designed to intrude the least'amount possible I. into,the,~onseryation.Easement area ,and to 3ooroximate natural \!rades.and maintain ~ahI~al ~~~~t~tl~'n;'~Q. native vegetation Ipay be removed fro~ wHhin.these areas except as necessai'Y'i6 'meet fuel break standards for fire protection and. diseased or danger trees I as detemlin"ed.by:'a.pr6fessional foresterJl!:~~rist or9t~ere~liifie4. lan9scaoe prof~s~ionaJ _.. - ,{ Deleted: or _ f'landscanc-Drofessional"'hanWJ2roved bv the City. Diseased aIld danger trees to be removed shall be shown on the initial building permit application submittal to the City, with a lah'ascabe orofessioriars \\TIttfm (minion identifvimr 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 a_n~ appe~rance and to meet fire protection standards. Nonnative vegetation ..' ... - . . . . including blackberries, scotch broom and ivy may be removed. The use'ofherbicides within the Conservation Easement is limited to application to individual nonnative plants. Broadcast application is strictly prohibited. Use of heavy equipment within the easement area is limited to the minimum necessary for pennitted tree removal or utility . maintenance and repair. Fencing is allowed within the Conservation Easement provided that it is not a solid fence sur;h as wood or block but consist~ of wrought iron or other open fencing materials as approved by the Architectural Control Committee. The fence shall be nonreflective and colored to blend in with the natural landscape. Black is preferred; white, yellow, red, blue and other bright coloring is prohibited. 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 (DBH) of five)nche.s_ orgreater._l11is _ _.. _' .[ Deleted: r,,, may be accomplished by offsetting sections of fencing at right angles to include or exclude trees from fenced-in yards. Fence posts shall be placed at least three feet from the tree at breast height and shall be placed to minimize root damage. Fencing shalI not be attached to trees. Maintenance and repair of utilities and access for such purposes within the Conservation Easement is allowed provided that care is taken to prevent damage to trees. Private Vegetation Easements. Private Vegetation Easements have. been established on the PIcit oftv1ountainGate along rear lot lines and are located uPOn portions of Lots 20-28 and 72. Thegqal_wi!lIin tit" _ _ _ _ _." easement areas is primarily to retain or cre~te an internal buffer of trees along internal property boundaries. This may be achieved by pruning ands.hapingexisting, healthy. trees; by thinning younger existing trees to encourage gro\yth int.o h.~althy, properly spaced mature trees or by planting new trees. Maturemapletrees'with broken tops may . be removed if replaced by an acceptable replacement.tree:"Otherwise, the trees shall be pruned and shaped to inlprove their health and appearance,:Diseas"d,deformedor danger trees as determined by a professional forester or arborist should beTemQyed. SJrading may occur within the easements as necessary to establish a.dwelling or. retaining walls, provided that where native trees are removed they are repIaced by,acceptable replacement trees at a maximum spacing oft4irty feet asshO\~/n on,aireolantiriQ"olan:submitted with~., :;:,.;.. building or LDAP oennits and tlDOfoved bv'the City'. Removalofinore than' five, trees . .\,. greater {him five inches in diameter at breast height, shaIl'i;~qli'ir'e~ii:Tre'e'FelllnQ:~Pen1ii( ii(. t': accordance \\,'ith Article 38 of tile 'Spflndield De\;e16Di'Ylent;Q:'d(fe~i-N{);'stiUctures shall-bel'. j.~.; located within these areas except fences and fetaining'structures:thatarerequired for.;' :'i". foundation or soil stability. The design and placemel)t:of~I)Y,relllining,structures' ::~.:.,-".:.. recommended by a geotechnical engineer or sl1ucturaL_e~gi~~~ics.li~I!'be:placed.to .'j . " ." :, ' . minimize intrusion as detelmiried'ov the City and'includea:witWdie,initiaI'building ",.."c.-~.;~~:-f,'" ;'.' permit application submittal to the City. 'l'~ ;. -", ". "~' '.::r ~ ;;':'" .;_"'l.b :~;j!7;~.:~i~'i.;!~:;:.r::'.;~c..:';" ~. ' '.' ,. . Street' Trees. ....... _"'1 ~ I __ 1: During the subdivision process certain 'trees and tree.grciupings:ha~e been protected' for potential qualification as street trees that will meet City.r~quirementS. There are two. street trees shown on the Development Plan map that ~e.t~ be.~e~ined as street trees. -I Deleted: Private Vegetation Easements have been established on the Plat of MounlainGate along certain rear lot lines, .; I ,.', > '....-.. . '. ' + "~" ",. ~ .' ..". .~.. "i . . They are located on Lots 48 and 50. These trees shall be protected during house and driveway construction and preserved as street trees. They may not be removed unless determined to be diseased or danger trees by a professional forester or arborist. If . removed they must be replaced by street trees that meet City standards. Other individual trees, tree clusters and tree groupings located close enough to the street curb could qualify as street trees if not damaged or removed with house and driveway placement. Generally trees within 20 feet of street right.of.way may qualify'as street trees. Groupings of trees even beyond the 20 foot distance may be retained in lieu of City required street treesalong the lot street frontages. Hardwood trees must be located at least 5 feet, and conifers must be 10 feet.behind curbside sidewalks. Street trees should be]O to 20 feet from street lights. Specific standards regulating the use of existing native trees as street trees are contained in Section 6 of the City of Springfield Design Standards and Procedures Manual. Acceptable Replacement Trees/Plall1ing Standards. Trees replaced within the private Conservation Easements as established on the Plat.of MountainGate shall be of a native species specified for hillside development in Section 6 of the City of Springfield Design Standards and Procedures Manual. Trees replaced within tile private Vegetation Easements as established on the Plat of MountainGate may be selected from the entire list of street trees contained in Section 6 of the City of . Springfield Design Standards and Procedures Manual. Tree planting shall follow the procedures contained in Section 6 of the Springfield Design Standards and Procedures Manual. Tree frotection During COII.struction. ...... . ~ - During house and driveway construction designated street trees and other trees selected-. as native street trees as discussed above under "Street Trees" shall' be protected w~th., construction' fencing. Construction fencing shall be placed between Conservation Easements and the work..~ites during construction. Construction fencing shall also be placed to protect Vegetation Easement.' that will not be altered with house, drivewa)'or retainin"g .wall construction. Silt fencing may be substituted' for standard construction -7. fenc;ing when located to serve this dual purpose. . . FIRE-PROTECTION STANDARDS Due to the forested setting of MountainGate, certain fire protection measures are reauired to helD Drote.C! ,I;v.e!ljngs. 'Y!tI1in ~ for~~te,I .env!r9111!1el1! fr.o!,! !he <I~nge!S. 9f ;viI.dfir" and. __ .' enforced bv the Homeowners Association. MountainGate has been designed and . constructed so that all dwellings will be located in close proximity to fire hydrantS that are to be used for fire protection. Unless otherwise approved by the Springfield Fire and Life Safety Department, dwellings shall be located within fifty (50) feet of the public. . :i.-'f.~'. ':::~_'!"'~':':""~' , . " .< ". ~':::.r'..,:-_r':' j l<'I~/"i-~;; ',~".':' . . . ~c~6~:;'~:_;'::~,~~~:'~.~ .'~ ."...; .,T ~.:.. : I ~,." - ~~:' ::.~::3.h:'--:;i,:~:...". , ,~.-,.:' ~\',.'-; ., ~ '." ..~ ..-..-....----_._~ -- ... . '~:.~h!~:..:i.:~:K~.'0".~~i:>.:;-:.-..... ~- ~". .. . - _n "'.-::.-:';;;'1;"-:";;:;':~'r."!"'-;~~~:~~f '~:'~::;. t, '. , . . . ;~'::}Z;[~S~~~::\:~,:~::~-- . ,. lj:T.'i:.t';::j.-r.:.~,,; :"t,.:'~F .. .." .'- .' ...,<",..,'....:.:-:....:..,..~ .,. _ ~ -r Deleted:,shOuld be obsCJ"\'cd to help - ..~~ ". .-. .~ - -'.-",':." < ." ... .... .~- .... ...:;' ""~"". ,'. . . street, the private joint use access roads or private driveways constructed to standards that will accommodate fire fighting apparatus. In addition, landscaping within the lots should establish fuel breaks around the dwellings that discourage the spreading of wildfire. Fuel breaks may not extend beyond the boundary of the affected lot unless an easement exisL, . upon the adjacent property that allows for such use. There are two.levels of fuel breaks based upon proximity to the dwelling: "Primary Safety Zone. ,. The primary safety zone is a firebreak extending a minimum of 30 feet in all directions around the dwelling except however that it shall not extend into a Conservation Easement or Vegetation Easement. The goal within the primary safety zone is to exclude fuels that will produce flame lengths in excess of one foot. Vegetation within the primary safety zone could include green lawns, low shrubs, individual trees and tree groupings. Where continuous canopies exist, trees should generally be spaced with greater than 15 feet ben,veen crowns and pruned to remove dead" and low branches, nSecolldary Fuel Break. " ',',,-.- The secondary fuel break extends a minimum of 100 feet downslope from the primary safety zone. The goal of the secondary fuel break is to reduce fuels so that the overall intensity of any wildfire would be lessened and the likelihood of crown fires and. .- . ..crowning is reduced. Vegetation within the secondary fuel break shall be pruned and ~space9 so that where continuous canopies exist; fire will not spread from crowns of trees . in .the secondary fuel break to crowns of trees in the primary fuel break. Due to the ."":'Iimited area affected, large'healthy trees within the Conservation Easements should not .. """be!removed.for purposes of fire protection. Small trees and brush growing underneath .' ..,larger, trees should. be thinned or pruned to prevent spread of fire up into the crowns of thel~rgert~e,,~: Dea.d fuels..that increase fire hazard may be removed. . --I.. " '. .. . ,';"" .:::-..,-_~:'~.' ":~'; '". ",;", -; .::~~ .t.. ~. ',' ,.....',;" :"", ".~.~,E.Qr.ECHl'''c;:ALJ~EQUIREMENTS j'... . -'~~:-.':~"~':"~,.;;"':::.:-" .-' .:. ,.: ~'.'.~ ' . "". .' - ,... : .. .':.c::~b~f€ilje.cfuicafrepoit; titIed"Earthwork Summary,Letter"anddated July 21, 2006, has . ",::,.ii",b~e,,'i;;:epaJ-ed:b)"ProfessiohafService Industries; and is:attached. It provides specific ."'t:;~:2~recomnfendation'.for,the:use 'ofgeotechnical review appr9priate.for each individual10t . ,,'.';,: :..;:.:~:,.;;:'de:,elopment. An,eyaluation ofthe.building sites.has been conducted by a PSI engineer ,",-;>,."". ~"', .,. ,"" , " ". ,/, '"di!..Jj~g':gra:d.ing operations ani:! the attached report lists the: geotechnical investigation :,-'~~:';['I~~reqiiiremerits"'sp'eCified for. each. lot... SDecitic-requifem:eiits~stiall:'abDlv to initial Qrading. . ;':~, f:rhome?cOnstlUction and'on12oinQ. slonenrotections.' -. ~ ~.." . , ;._":':'::'~e#;;"",~~:7_"~;":'._,"__'_'_. ',-.' .., ,L,. . "",'"~.;-Jn.'~i!lsi~e:!ocations the City,?f Springfield requires a report from a geotechnical engineer . . tob" submitted with applications for a Land and Drainage Alteration Permit (LDAR1), In ',Phase.4of'MountainGate details within this initial report.will vary depending upon ".' ,;whetherthe lot requires a Level l.or II geotechnical investigation and upon the initial '.;. ~ndings of the engineer. . , . I . . . Within the Levell category (Lots 7-23, 29-34,40-61, and 74-101), neither extensive grading nor a site-specific geotechnical investigation is expected for foundation design , prior to construction. However, the engineer should examine background reports, physically examine the site and review proposed house plans. The initial geotech report may consist of a statement that the house plans submitted conform with site conditions that limit investigation to the standards for the Levell review~._ _. __ _ _ _ u" . _ _ _ _'n _ u_ -I Deleted: because the foundation and I house plans submiued meet appropriate standards for the site. Within the Level II category (Lots 1-6,24-28,35-39,62-73, and 102-129) a site-specific geotechnical investigation is required for each lot meeting buildim! deoartment standards. The results and recommendations are to be included with the building/LDAP permit submittal. The investigation and the report should address Levell concerns such as unstable ground, soft/wet soil conditions, expansive soils, cuts/fills, and retaining walls, in addition to any special co~ditions affecting a particular site. Within both the Level I and II categories a geotechnical engineer is required to inspect the site and foundation placement during construction and to issue a final written report in accordance with PSI standards. DRAINAGE Noninterference of Drainage. \'~,' There shall be-no interference with the estaplish~idrainage patterns or systems over or through any lot or common area or any'adjacenl'property .unless adequate alternative provisions are made for proper drainage. The.term~::established.drainage" shall mean the drainage swales, conduits, inlets, and outlets designed, maintained and constructed for MountainGate. .. -..o:,-;z' . -j' ".':; ,J' I Stonn wa;er sewer laterals have been reeJillred'a!ld'extended to. each 10;;e.. bnveyance of . ;.l:.oofdrall~s, b.l'I1d,ing fOUI;ld~tion drams_ang.p.nyate,pr9}'!:.'1Y surfacedr_ama~r4-tl{S J' f3.C,; _ II' '., ")- ~~:;:'~~, D~i,!~~7t; ~M(~.~f:J,~~oftj:::~~f:~/Q{I~(;;I;:J1!;y_ '. A priv~te Storm Drain~ge-Easement is desjgn~;~J;;~:'ili:;pJ:;:;hXis'located'acro~s\-:~, - . .. _.~~'~;; T.r~:~~:-;.;'.. '," OK portions of Lots 107 and I OS and within adjacent.'offsite,easement' described in separate -' .,.:CCC;:::.' '.-' .'" .+... . , .~..w'o;. .~.;_,_.. ~'..." '- recorded documents. It is a.private stormwater eas,ementrNdimal routine maintenance'of the Drainage Easemenfisthe responsibility'ofth~~if~~i'cif.ih~cl6i-,uponwhich"it is'".. -. located. No structure, fence, planting, or other.materialJptaJ:Q1~ay damage or-inter.f~re'with the installation, operation and maintenance of.~,~QmLQ[illl}~g~,J~c;:il~~ies, that may redirect drainage to outside the easement, or that may-obstruct-~or-:fetard.theflow ofwater:through; .drainage channels in the easement area shall be .pl~~~io~,pennitted:.to remain within this . easement area. All effort shall be made to avoid'illlowing any:petroleum-based:products or other 'hazardous or foreign substances fromen.tering:.or:c6ntaminating,the area of this easement. Vegetation shall not be disturbedex.ce~tas.necessary for landscaping and - . - ~.~- " . . maintenance, to reduce fire hazards or to control noxious and invasive overgrown vegetation such as blackberry vines. ~lU~t.Al'iJ!~ . The entire master plan communit\' of MountainGate has received approved oennits fi'om USACOEiDSL for fill and mitigation work which are on file with the City of Springfield. Lots 50 - 51 As olthe time of recording the plat for MountainGate West. a delineated wetlands report identified wetlands on lots 50 and 51. As long as this delineated wetlands reoort is in effect. anv disturbance ortlle lot'; cannot occur within the delineated wetlands unless a .ioint DSL/USACOE permit is obtained. ....:. ....~ _ ~.1 Formatted: Font: Not Bold, No . ' underline . "--' ,~.~-, '-'~""-'" !'''''''-''''~ ~.:. ,~. ,;."... .. .^ ';.. ~~':.::-~;::_.:):-.~i~\l'::, i._' '." ':"'c~ 'T . ~ . ;, ;~:',;i". ". . ,~., . . ..,.,. ., '-; ,.,;~,,~:",i. ':~:_JJ. ;-~,~.:;";,:._;.',;~~...:U~JJ..?~.t.:;~,,.-;~. !-<.\:;-- .;..y :' -.:.....~.,: "',"'" ;,.:';~'~":;:::;- -';: -, ~.: :ft-;,.: 'i....!~'l . .~;;.","': ,"$t~:-:F \~.':~ "'/:--~T,:_{>.;3:':ft7t~:_'. (: ",",' J',:';':"'- ::J:";}..~....,-'"'-- ...- '-' ~- ....... ,--.- ,,-,L'_:':_,~ <C, ~> .:'i): j-.~~ ' f'" .. . ":~ ~ :};-~~~L~:-;~;F~~::'~~:, .i - .}.::';:?~i?;f..;;(~"ii;;~.::.: " -, ~ . "-;'1" ;' '"'" '~'i'''t~,r;,tr~~.''t1}t?J:xr~~:~;:i-.i:'' " ."i-:'.- ];:" ,'".. :..., ;':1:.:.:. T.:c.";}c~:~f~r.f.~~~~;;~;!;;..,:r.i~" "'.- ....,.. :..:_-~- ,-" ,'. - .~~'~~- ':'f-.';!fg~:0,:r~;]3,~:.-.~,--, ' -. -'"', .."~;~G-:~~t;(;'61~;b'i-:~:::.,~-:;::"(~h." "'.' ';;~lC -.. ., ::,.' _.' );;_'~,Si>'~'J~;'-'i::i~:-!W-A';::i;~1;"'~:.'''':'_'': ' .,. .-- .--.----. -,,_., . ,',..-. ....'... " . '. '"''':'''"":;,,S:'~_';'- ~..'~;" ~ .""E,;-'l','-',-';:;:'::,:;';:, ..... . · I ?>(o~ pb'IS' ~"? ri vitO J SUPPLEMENTARY DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR MOUNTAINGATE WEST AND ANNEXATION TO MOUNTAINGATE SUBDIVISION THIS SUPPLEMENTARY DECLARATION OF COVENANTS, CONDITIONS, , \ RESTRICTIONS AND EASEMENTS FOR MOUNTAINGATE WEST (f~"", <loJ tU&/ (/(IStl:",!11e>- ) AND ANNEXATION TO MOUNTAINGATE SUBDIVISION ("Supplementary Declaration") is made by MountainGate Development LLC ("Original Declarant") and SunTrust Land Company LLC ("Declarant"). RECITALS AND OBJECTIVES A. Declarant is the owner of all the real property and improvements thereon located in Lane County, Oregon, described as: Lots l-l.W j~c.lusive ,a!1d SP9"'",_ qn th,e_ ti~alp)~t_ ,!,~p ..,' ..{ Deleted: 29 of MOUNTAINGA TE WEST as platted and recorded on 2006, in the Plat Records of Lane County, Oregon, and assigned Recorder's Number 2006- in the Official Records of Lane County, State of Oregon ("MOUNTAINGA TE WEST") B. MOUNTAINGA TE WEST is part ofa larger 338-acre area, known as "MountainGate, A Proposed Residential Development" which received Master Plan Approval from the City of Springfield, dated May 13, 1998 (Spr. Journal No. 95-02-39), the notice of which was recorded April 19,1999 at Reel 2540, Instrument No. 99035359, in Lane County OFFICIAL Records ("the Master Plan Property"). .....' ....... C. The final plat for MOUNTAINGATE SUBDIVISION was recorded on May 10,2005 in Lane County Deeds and Records at Recorder's Reception No. 2005-033764. The plat contained 71 lot. and the owner and declarant of MOUNT AINGA TE SUBDIVISION ("MOUNT AINGA TE") was MountainGate Development, LLC ("Original Declarant") ,The Original Declarant recorded a "DECLARATION OF COVENANTS, .' CONDITIONS, RESTRICTIONS AND EASEMENTS FOR MOUNTAINGATE SUBDIVISION" on May 10,2005 in Lane County Deeds and Records at Recorder's . Reception No. 2005-033770 ("the CC&Rs"). ",: ".-;;..,.\;.;:.r..;:.]."...,..:~:! ~ -. ':;,.-H, ",,' "" ~.' :~:::;~~.t~'l('"''0'r': D.. The Original Declarant, in the CC&Rs, created a nonprofit corporation, The .': MountainGate Lot Owners Association ("the Association"), whose members are all the .-,', . owners of Lots within MOIJNTAINGA TE. - - ", . :;"*-:-..-r;'- '.::. - ,.' . , ..\,.-.., '.- '.' . ~. .. . _. '. - '.' ---~ '- "' _'.. h",'-,._.,__"'~ . .' -" -'~ 'j ~"-", . . .' ',' ',~ ~i:,:.":;;:;j;\~'~:<""'; . . E. By adoption of this. Supplementary Declaration itis the intent of Declarant and.the Original Declarant.to annex MOUNTAINGATE WEST to MOUNTAINGATE and to adopt the terms and provisions of the CC&R's . -. ,1',,1" .. ~:J' .~ <~: ':""::. ..,""_.r,.'-.... It is the intent of the Declarant and the Original Declarant to include future owners of ,I Deleted: 17 Lots described and depicted on the plat of MOUNTAINGATE WEST (WEST ,',{ Deteted: Jl MountainGate West Declaration ofCC&Rs - Page I of l1,,___::'- After Recording Return To July 24, 2006 . Lane County Surveyors .l,;!,_'" . . OWNERS") as full and equal members of the Association, prior to turnover as hereafter described, for the purpose ofassessmentc; and the enforcement cfuse and other restrictions set forth in the CC&Rs. It is their further intent that the WEST Owners will become full voting members of the Association after turnover, provided however, that for purposes of review and approval of house and other improveinent plans, the Declarant and, after turnover occurs, a committee or association of WEST Owners, shall act and function as the Architectural Review Committee as described in Article 6 herein. NOW THEREFORE, Declarant and the Original Declarant declare that MOUNTAINGATE WEST shall be held, transferred, sold, conveyed, and occupied subject to the Oregon Planned Community Act as may be amended from time to time (ORS 94.550-94.783) and further subject to CC&Rs of MOUNT AINGA TE except as modified herein which shall run with the land, which shall be binding on all parties having or acquiring any right, title, or interest in MOUNTAINGA TE WEST or any part thereof, and which shall inure to the benefit of the Association and of each Owner. ARTICLE I DEFINITIONS The terms and provisions of ARTICLE I of the CC&Rs are hereby adopted and incorporated herein except for and with the following changes, amendments and additions:" .\. Lot shall.meari.a platted lot within MOUNTAlNGATE WEST. Except as may .hereafter be stated or distinguished in this Supplementary Declaration, all of the terms defined in Article l.ofthe.CC&Rs shall mean, refer to and include all dIe platted lots and . Owners thereofloca!ed within MOUNTAINGATE WEST. 2. All references. herein to the '.'Architectural Review Committee" or "ARC" shall mean ., anc~ refer~(tthe,D~~lar,!nt.or:'any.-committee created by the Declar.ant until turnover, as described here~Et"f,sh?uld occur. ... . .'...1"""---.... _ . .'. .... " . -""r< ,"," . ~'-.- f-'~(.:.~~.;~-!.'.:"~..:.",..""~-;; '. ['..; .~- ~..;IC'( ,-.....' . .";"";'~'. ,oJ.:~f.r~.",,"rt4:''':-- ." - "~ ARTICLE 2 :. .'" .=_1, - - ..0' _.,. ...._~_'. ~ . .. ..... ""'i'--:',' ''''.:.,:,,~''i't.-:-"''"'''''-:--''''''- ,.. ,..._,:':j:;~!-_~~,E,~T~SUBJECT TOTlIIS DECLARA nON. ~._ -'Cio~.4":'f'.:_.":>. ,'. -_' . " . The terms.and;pro\jsions.ofARTlCLE2 of the EC&Rs are hereby adopted and . .in~orporat,e.q,,h~t~jl!,._~,~Cc:Rt.(O.r and with the fol1o~ing chang'es:' . 00 :':,';:l~_.,i'\;<~"'." ~.-:-, 1. MOUNT AINGA TE WEST. DeClarant and the Original Declarant hereby declare that MOUNT,AINQATE WEST shall be held, transferred, sold conveyed, encumbered. ~ Deleted: 17 : < ~Ieted: 13 MountainGate West Declaration ofCC&Rs- Page 2 ofil~"" . July 24, 2006 After Recording Return To . Lane County Surveyors . . and occupied subject to this Supplementary Declaration and is more particularly described as follows: MountainGate West as platted and recorded ,2006, in the Plat Records of Lane County, State of Oregon and assigned Recorder's Number 2006- in the Official Records of Lane County, State of Oregon and located in the City of Springfield, County of Lane, Statc of Oregon ("MOUNTAINGATE WEST") ARTICLE 3 OWNERSHIP AND EASEMENTS The terms and provisions of ARTICLE 3 of the CC&Rs are hereby adopted and incorporated herein,<:xcep! fo.r an.d. ",itl1.tl1~ fol!o.",ing. a~diti"-flsc _ _ . . . . . _ . _ . _ . . . . . _ _ _ _ .., I Deleted: Private Conserl'ofioll Easements. Conservation easemenl" have been established on the Plat ofMountainGate and are located upon portions or LOIS 7.19. 78.84. and 116.127. , 111c Conservation Easements on lots 124-127 will overlao the 15 foot wide orivate sanitary and stann sewer easement prop-osed on the PIP addendum and allow for initial installation orllle utihties and future maintenance. The initial installation shall be done with least impact construction practices and in a manner that reduces the number of trees impacted. The oroiect cTH!ineer and forester shall observe the installation and field locate service stubs to each lot that ~educc imnact to trces, Surface structures. nerimeter drains or other private stann water protections mav be deemed necessary by the !leo-tech during building pemlit review and shall onlv be located with "least impact construction" within the easement as aporoved bv the City. - These easemel1ts -lla\'e~bee;l.es'tcibiished to - '. - -.~, ".. preserve the natural vegetation and character of the norlh"ern:'ncEieline l5ou.ndarv of the development nrimarilv to Drotect viewsheds from lo'wer elcv~Jtioils tov.'ards the nOl1hern boundar\' of Mountain Gate. No structures. includinc decks. nOf{.',hes:" eaves. (:tc. shall be' located within these areas exceQt fences. Retaininl.! stmctures reguire~ to maintain the stability ora dwelling on a lot or to orevent soil m'ovemen'. rrlaV'be'"allc)\ved'j( " recommended bv a geotechnical engineer or stJi.l(~tui.ai'e'ri"I.Hn~?'il-cteri?~14~'in':ili~~Statf 0(..;; .;~ ',--' Ore2:on and if specifically aporoved by the Soringfield DeveloDiilent -SenJices . ~ Dcnmimcnt. Any such 'structure shall be dcsil.mcd to intrude the 1~~~t,~l()unt possible. into the Conservation Easement area and to anproximate natur?:j_~r~desand maintain" .,' natural vel.!etation. No native vCl!etation. may be removed fr6nYv.-;it"hin~hlese 'areas except -. :', ~ as necessary to meet fuel break standards for" fire 5rotectioir.an(fiais'ea;~b'"dol. chilll!er'trees ~~~'._ ;::,~. , as determined by a orofessional forester. arborist or other cerl~fi~1flands'~aD~e_Drotessional . . ...... ~. " ("Iandscaoe professional") and aporoved bv the CitY.Dis'ease(fan(raaiig~r trees tobe _--~. t:;~\: removed shall be shown on the initial building pennit ~ppfi~fitjg-;r~'~t>ffiittafio the Ci"li~ with a landscape orofessional's written opinion identif\~itrg-tli'~.!?Jature~o(ii1e'hazard or must otherwise he authorized for removal throu!!:h an indeneIid~'iii:tre-;?tellihg Detroit issued by the City. Trees and understorv mav be thinned and orlirie"d fo enhance their health and aooearance and to meet fire orotectio":stalidards~"N~ililadve\'eQ.etation includinQ. blackbelTies. scotch broom and i\lv mav be reniovea:TIie"iise of herbicides ~ Deleted: 17 within the Conservation Easement is limited to aODl1cation to individual nonnative olants. //: Deleted: 13 MountainGate West Declaration ofCC&Rs - Page 3 of II ,/" July ~4, 2006 ,J, ' - "~. <.," , , After Recording Return To Lane County Surveyors . . Broadcast application is strictly prohibited. Use ofheavv equipment within the easement area is limited to the minimum necessary for Demliued tree removal or utility maintenance and rcpair. FenciJH! is allowed within the Conservation Easement orovided thai it is not a solid fence such as wood or block hut consists ofwrouL!ht iron or other open 'fenet))\..!: materials as am~roved bv the Architectural Control Committee: The fence shall be oem-reflective and colored to blend in with the naturallandscaDc. Black is I oreferred: white. "cUm\'. red. blue and other briuht colorim! is orohibited..Fencing 10cated within the Conservation Easement shall be installed such that it does not 111103ct healthv native trees that have a diameter at breast hei!!ht (DBH) of five inches or greater. This maY be accompli~hcd by offsetting ~ections of [encine: at right anl.!les to include or exclude trees from fenced-in yards. Fence post.. shall be nlaced at least three feet fro111 the tree at breast height and shall be placed to minimize root damage. Fencinl! shall not be attached to trees. Maintenance and repair of utilities and access for SLIch purooses \vithin the Conservation Easement is allowed provided that care is taken to orevent dama!!e'to trees. Private Vef!etation Easements. ,t.' Private Vegetation Easements have been established on the Plat of MountainGate along rear lot lines and arc located unon Donions arLots 20-28 and 72. The- goal within the ease-mclll areas is primarily to retain or create an internal buffer of trees alone. internal property boundaries. This maY be achieved by pruning arid shaping existim!. healthy trees: by thinninl!-vounl!cr existing trees to encourage 2:rowth into healthy. Dronerly spaced mature trees or bv planting ne\"".' trees. Mature maple trees \vith broken toos rnav be removed if replaced bv an acceptable replacement tree. Othef\I,:isc. the trees shall be pruned andshaoed to improve their health and appearance. Diseased. defonned or danger trees as detemlined bv a professional forester or arbons! should be removed. Grading may occur within the easements as necessary to establish a dwelling or retaining walls. provided that where native trees are removed they are replaced bv acceotable replacement trees at a maximum spacing of thirtY feet as shown on a renlantimr plan submitted \\'ith building or LDAP-oennits and approved bv the Citv. Removal of more than five trees greater thall-five inches in diameter at breast heil.!ht shall require a Tree Fellioa Pennit in. accordance "iih Article 38 of the Snringfield Development Code. No snuctures shall be located within these areas exceot fences and retaining structures that are required for founda.tion'or'soilstabilitv. The design and placement oranv retaining structures recommended 'by a geotechnical engineer or structural enllineer shall be placed to minimize intntsion as detemlined bv the City and included with the initial building permit.aobliduion submittal to the City. . .- - ~ . -, . . '. ;:;: ~'.".;:......~~'~~f; '::."_~-i "':". .-.~ ..;... "h t -f ' . .' - -:.:'..:;:~~:'':'---':.. . --.. ;--- -- f" \,)~ t.. . ~ .~. . ...., '~,~/;,:;;[r:~J:.~:.~ ~~ :' . ~'. :.~t:~~~?'~ ~:C:~.:-~'-~' .~~:-.~::}~*~~~~-:~~~~:~:~~~.~:: . . '" " Deleted: PubliC r'o;1~'e"rt~ti~~ r~~m;;U The public cOr1Serh;lion~semeiliSas.~},'" '" reflected along the rea'r of lots 9.11. 20- 9. _ ___ __u - --- - -- - - --- - --- - --- - --- - 28and74.77wmhave'lhe'sarri'~':':~":' restriclions as shown in sectio,d.2:i..-:;:. '.PrivateConserV8timi'f:.a:>e;nents"ofthe CC&R's of the original'MountainGale subdivision. 1 - -'. '~-'.' . I ..:..... " Deleted: 17 ... ~ Deleted: 13 MountainGate West Declaration ofCC&Rs - Page 4 ofll //"" July i4, 2006. . .... After Recording Return To Lane County Surveyors ~ . . ARTICLE 4 LOTS AND HOMES The telIDS and provisions of ARTICLE 4 of the CC&Rs are hereby adopted and incorporated herein except for and with the following additions: Views 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. It is not intended that a view will remain without some alteration in appearance over time, but it is expected that all reasonable efforts will be made to minimize the impact on a view from neighboring Lots and Common Areas within the Property. Pre-existing trees -- which were not planted concurrent with or following the construction of the initial residential unit -, on the . Respondent's Lot, and those existing on Common Areas are exempt from such review and will not be considered an impairment of views. All conditions are subject to any governmental regulations or any conditions of approval placed on the development by the local governmental authorities. (a) Enforcement Procedures In the event an Owner (Aggrieved Owner) determines that the view from such Owner's Lot is unreasonably obstructed, the Aggrieved Owner shall .' '. -",' ,>,..... notify the other Owner (Respondent) that a view'impairnlent issue has .... .: ~:~:'..occurred. The Respondent shall have a reasonable period, but not more ,. ,. ...... . :than sixty (60) days following receipt of such notice, to. correct' the .,' .'condition,or appeal the notice to the board. The.Board may extend the . period allo~<?d for correction due to weather condi~ions or-requirements of ,-~'-r:' ~.;:.'''' ~~:' '~agovemmental review process. Either the Ag:grie,/ed,Owner or the ..' .. '~!'-\1''l~':;'b1i'';f-",Resp'ondent l11ay, apply to the Board of Birectoys (~oan:l) of the -. ,,:~_ ':2,.:::1 ,i._ ;~~7:A~so.Ciation for either a fomlal hearing or a request. for a detemlination ':',"'i\(';.f!:rf.-"'1.:\liiiiiout a f6rinarhe1iring by the Board. The'Boardjshall issue its findings . '''''c';'.;;~;;~~~i'?~iifiiri'thirty:(30)days'following the receipt.ofsuchrequest, unless written' -_::(~;~::":~f;;,~~'~~i';~~*~~9\ice 'is given ~6,:both'parties by the Board,extenqing,.the review period '.~., . . .;....~;.:~::-;~~~~~#t~:~~i.;foI~n~o~.~q~e- tl1an_~n ad~i~i?nal thirty (30Y-days-du~.:to circumstances of -:: ~--"l::~!-:~~:;:.fr:'t~lie.revlew process. . ~~ . ." . ,:... '~~L;fl;{~':i~~ri~;r~~~r;ri~ its dec;:;~~;th'e'Board O~Di~:cto';s:ay,;n its sole discretion, .~::'~~~~::';~~::~if:f,;1i~~;~~'tojr.t?ct,by written notice,to both parties that (a) no action be taken, or (b) ",' '_; ,_...._i~~.i,,;;~;:iti-;)hat,the obstruction be partially or completely removed or otherwise .. "." ''''''c,::,,/. ;"modified. If the Respondent fails to comply with the directive, the Board ," <_'~~~,";~';';.~~:f+~B~..:':!,'~;~~ofDirectors shall have,'in' addition to any other rights or remedies" . ::.:.:;,":~:;:~>:'." provided in this Declaration, at law, or in equity, the rights described in . "" O~S 94.777, including the right of the Association to take corrective I . . After Recording Return To Lane County Surveyors MountainGate W'est Declaration ofCC&Rs - Page 5 of il_ July 24, 2006 ~ Deleted: 17 ./: Deleted: 13 /~ ,r . . action at the expense of the appropriate Owner. The review by the Board of Directors described in this Section shall be an Owner's sole and exclusive remedy in connection with an alleged .obstruction or impairment of view by trees, other vegetation, lighting and structures. The determination of the Board of Directors in connection with such matt~rs shall be final and binding on the Owners in question. Ifthe Responderit is the Association, as Owner of a Common Area tract, the Board will follow the same procedures, and act in an impartial manner with respect to their decision. Maintenance and Easements arRear Slopes The fear slopes oflots 40,41,45,46,50.52,54,56.61 that abut Tract '~~ !!nd !Qe re.ar s~oJle~ _.... .1 Deleted: B . oflots 8.a:97. th!!! abllt.Tra.c! ~B~ and .the rear slopes of lot' 98.10 I that abul Tract "C~'p __...j Deleted: 7 shall have a private blanket easement along the slopes which runs from the top of the- --j Deleted: 97 slope to the toe of the slope on said lots for the benefit of the Homeowners Association to maintain/access ~,!i~ _s.!<?'Qe_s.: _~o d~s.t~r~)~1I1c.e: \\'iIl be aJl~}\~'ed to the!!r~de_ \If ~aig slones _ _ __ _.- -{ Deleted: and/or beautify besides standard HOA anoroved maintenance and olantinc-s. The intent of the Homeowners Association maintaining said slopes is to have a consistent style of landscaping and view preservation. The slopes are to feel as though they are one and complementary to the tracts they abut. Any landscaping, movement of dirt, placements of retaining walls," fencing or any other structures are forbidden without the prior written approval of the ARC. Lots 62. 65. 66 and 69 .,.~.,.j, c'"',....~ '.'1.". . "'''-t.!'"' -. . "',', 1,.,"',' These lots will reCluire a to' foot setback adiacentto,the:,orivate drive_to orotect drivewav"- -;: -. - -{ F:ormatted:, Left stabilitv. Setbacks maybe reduced to 5' feet with a GeotechnicaLreoort.addressing the structural stabilitY of the orivate drivewav~ _ _ _ _ _"_ _.; _'__,_ -~ ::..~ _.~'_"':..':_'_ _,_'~ _._:'.:.. _.,:' _ ~_ -c':':'" - - -1 Deleted:, il' :_('~. . '..'r . : .'. . , . . ^RT!<.::Ic~'~,"'~'",~"",,,.,,~,,4<ii>\';0""", ':.''''c-Ji",'''!'o.J''. .~.,"' ..' '\ Deleted:'l ., ...... ..' r, -'''' , , ':, :.., , .' _:.._:__':";.... ...L;~;~"" 'II . . DEVELOPMENTPLANFORMOUJi/tA:iN'Gf\1'E'S,DBQIVISION' '-," .' .:...:.:;".,<.... .. .~;._~c;:~~.f'::~~"~,-;rr$:,:f::.:t.~.~ _u . .,,~.-,.;; ..:.~r";:'-""lO::> The terms and provisions of ARTICLE 5 of the QF&R~ia"e;lie~~oy';fep'la~edand';"i""0''"'''' '",;;.,.c.e:..., d d' th' t". ty' b th fi II . .' ,'.' ""c'';;" H"'~...,... . """ ". , ',.-. superce e In elr en He y e. 0 owmg..~ _:'}~('::';~~~-r:.~ft...,:;t; '... c__,"': ".-. "..,\~~-.~~.;,C~_.r~'~ .-:,-'~-:-j~~:~::,?:{"[:::,:~:,:!~~~,:~';;l, ;.::. -'''r~ ',.-..,. '0' 't. I1.:'QS,;'imt'!f:;;~;~jr::' '. '- "~f.'~F~f~:;;;1~:;.t"s';!(l:"::,.:r:w'r ,;.:'::, -;. '-:':.:-r.";t"':"i~-:'~'.;:' . MountainGate West. which was ap TOV the.Ci. .of<S rin field'as'Phase 4A..8-&8. . 'of the Master Plan Pro ertv consists 129 1 ts.that-'ha\'e:be:en a' roved as a resjdentjal'~ subdivision under the rovisions of 'm lGate ~1asier Plan A roval -Ci File-95-;-.:. 02.003 9) and Springfield Development Code (SDC)'sialldafdscontaiiii:d ill SDC')\fIie]e 35 Subdivisions. SDC Article 38 Tree Felling. and sDG".Article 26 Hillside . ',1... . . Development. This doc-ument satisfies the requirem~~ts ~f;th~, Hillside DeveloDme~t and INTRODUCTION \~'_~:;-.: -'::..";r;' ~!:~'~. "" .'"- :~..:-, - ~.... I . After Recording Return To Lane County Surveyors ~ Deleted: i 7 / : Deleted: 13 MountainGate West Declaration ofCC&Rs - Page 6 ofl1.--,,:~" July 24, 2006 . . Master PlanaoDfOvals for a comnrehen~ive uH illside Develonment Plan" for the subdivision to guide the construction of d\vellings on the individual lots. This olan incoroorates the referenced revolts reauired bv the Hillside Development article and the City of Springfield. Develooer. and future owners ,,,,ill use the an proved Hillside Development Plan to assJII~_lQat the tree felling. grading, constructi.ill1.jH1Q_..:fi.LlJ!~J~s~ will conform to subdivision conditions and orovisions of the Master Plan requiring the orotection of trees. draina!:!cs. and slones. The Hillside Develonment Plan includes a lot-bv-Iot description of conditions that will aft-eel the design and location of structures and drivev,ravs. including snccial foundation requirements on some lots. Individual DIot nlans will be attached to the initial conveyance deed, The olan also includes general guidelines for the entire subdivision contained in reCluired reDorts and linal olans. including a Tree Preservation Plan and Fire Protection Plan. The stTtlcture of Ihe remainder of this document is as follows: The Develooment Plan is on file \",itl1 the City and consists ortlle following comoonents: . Develonment Plan Man (Scale I" ~ 100') . Tree Preservati9n PI~ll . Fire Protection Plan . Geotechnical Requirements . Grading, Slones, and Drainage GuideJiJ?es .... -- - '-i Formatted: Bullets and Numbering] 'TREE PRESERV A nON PLAN . " .~ ,'c" , ~,t o',~, ,'. -'" "',"'--_. .-.--,-,~" ,~~. . 'The PllIRoseofthis_RL'Vl is to sumrnarize and i.molement rileasures illillpJ.ed to mJ!tnl<!!n' . - , the aesthedc and erosion control value of trees and native. vegetation \\'ithin.-. - MountainGate 'Vest as 'established bv the aporoved tree felling oernlit. the final forester's ,reoori: Hillside Development Plan. and relevant Springfield City Code standards. " '..,., ....~ "'.. -. ',:., ,,~,;.' :. ,:..."L .~~.j:~S+1~,;..\::~~,~,,,.j'::,..:;o.';>':" .. ',.: r, .. '~:Tree Remm'al- General. Springfield Development Code requires that a tree felling ,'.-: :.;.~. ~~ .~,%.,~~~,~_':~,';.':;:,~,_~;:~...~f-:t.,'--,;."',':, , .'pe"fulifbe"6btained for the removal of more than five trees ,'gj'eater than fiVe' inches :ii1 - ',,' .- ; ;- '<... ci131Tleth: '\Mltliin this phase of11ountainGate a tree fellin!! oennids not required (oj. tiie' ..,', '.'.~l"!~'~:~~~"::~'''' ,,:.:.,~.~:>J;:._:.~ : . ~a: -~'lIiih1ih'emovaI of trees from a lot that is required to construct the"dwellu1-e::drlvewav or ';' ~ ~', 1':'.;;0-- :;t.~~:,:~[~!;~~'::~~c'~--"-:~l:.. ,': ,,;,~:... , . '.:~:d~~;~;:~~C~~~:~ :~ ;:~~:~:~e f~;t~:~i~~:~~a~I:~~,~;r:' ~~ ~~:rt~e~7\~:: ~;~t~~:~t~;'~~~~--_.'" :~~~~t~;;;~:':': :' ' . five inches in diameter, Additional restrictions for tree removal exist within Conservation .' : .';~::~~ti;"'J."';i;" .. . ~'Ea'serrien'ts mid Vegetation Easements as described below. ':'i.:.;,~.,;1~~~P;~;:Jl!~;I?:";'~'2:t. .-'. "_.t,.,_ ;;pi~ivate Cohservatioll Easements. Conservation easements have been established on the' -,"). 'Plat of Mountain Gate and are located upon portions of Lots 7- ]9,78-84, and 116-127, The Conservation Easements on lots 124-127 will overlap the 15 .foot wide private i' sanitary and stann sewer easement orooosed on the PIP addendum and allow for initial -installation of the utilities and future maintenance. The initial installation shall be clone "~- ;, :',~' ,1..-'" oJ', , I, . After Recording Return To Lane County Surveyors , 1 Deleted, 17 "I .-,' '1 ';. Deleted: - J3 MountainGate West Declaration ofCC&Rs- Page 7 of 17.0':;-- July 24, 2006 . . '. with least impact construction nractices and in a manner that reduces the number of trees imoacted. The proiect enu:ineer and forester shall observe the installation and field locate service stubs to each lot that reduce imoact to trees. Surface structures. perimeter drains or other orivate'storm \vater protections mav be deemed necessarY bv the [[co-tech during mlildingJ:.!ennit [e"ievv' and.._~h~ll.QDJy beJocate~d with "lea~.t impact consIDJ019..1)". witllin the easement as aooroved bv the City. These easements have been established to i oreserve the natural vef!etation and character of the nOlthenl rideeline boundarv: of the development primm;]\' to Drotect vicwsheds from lower elevations towards the northern boundarY of Mountain Gate. No structures. including decks. porches. eaves. etc. shall be located within these areas ex cent fences. Retaining structures required to maintain the stabilitv of a dwelling on a lot or to nrevent soil movement may be allowed if recommended bv a geotechnical enllineer or structural clwineer licensed in the State 'of Oregon and if specifically approved bv the Springfield Development Services Department. Anv such structure shall be designed to intrude the least amount possible into the Conservation Easement area and to armroxinwte natural rrrades and maintairi natural verretation. No native vegetation may be removed from within these areas exceot as necessary to meet fuel break standards for fire protection and diseased or danger trees as detennined bv a professional forester. arborist or other certified landscaoe nrofessional ('"landscape orofessiona1") and approved by the City. Diseased and danQer trees to be removed shall be. shown on the initial bui]dilH! oermit aDDlication submittal to the City. with a landsc3ne professional's written oninion identifying the nature of the hazard or must otherwise be authorized for removal throw!h an indeoendent tree felling oermit issued bv the City. Trees and understory may be thinned and omned to enhance their health ana apoearance and to meet fire orotection standards. Nonnative vegetation including blackberries. scotch broom and ivy mav.be removed. The use of herbicides "'within.the Conservation Easement is limited to'aoDlicationto individual nonnative olants. ~.., ;'Broadcast aoplication is, strictly prohibited. Use,ofheavv equioment within the easement .,'~.. . j,area -is'limited, to the minimum necessarY for nennitted u:ee removal or utility ,'maintenance and repair. Fencing is allowed \vithinthe Conservation Easement nrovided that it is not a solid fence such as wood or block but consists OfWrOU1!ht iron OJ' other . ;'.! "'oDen'fencilH!materials'asam~roved b.,y the AI'c.hitecturaLControl Committee. The fence '!"" ;..ft":!?1~; {.~shaI I: be'; nonreflective. and 'colored. to; b lend-.in :\.vith: the'natural. hmdscupe, B lack is '. : "~"'~ ~?re~ene~:"y.:hite. yellow. red. blue and other brig~tcolorin.g is prohibited. Fencing located . " ~t ~.I';:~ ~'~:\\~iiKii').'ine'~C(rnservaiion' Ea'sement shall.be installed 'sucll'Ui"at it, does no! inmacl healthy ....-.:: .'~~ ~{nativertrees"ihat have'a"diameter at breast heict'n fDBH1.offive inches or greater. This . ~n1'(J"!:-be~accomp-lisheJ;libv.off.,;;etting sectiQ.!.!5_J)(fehcing at'.right angles to include or 'J~. ~';O~:il ~exclude,:trees'from fenced~in_vards. Fence posts sliallb~;olaced.at least three feet from the ~,..~~~;: ~:~'tiee:aiDieast heie:htand shall be placed to minim{ze.'root dam.age. Fencing shall not be c<:/'{':7.~ ~T'aftiiched',to trees. Maintenance.andreoair of utilities- and, access for such purooses within :-";'t~J'~:;'~ ~~~:the'oeonSer\latjon.Easement'.is'allowcd orovided.that.care.is taken to prevent damage to '.~:'~.~1~~: ;~~:~~~~:~:~~.~~.g.~. _~ '< ~ -". "~C~~ I, ., :' ~:,~:.;;:;:; ~.prF:Ute:'VeI!etation Eiu;ements._~ . si.:;.~.::>_~'. ':~ : ,,: .' ..~. - ./' :".. . . ~~pii.\'~t~:Vegetation Easemenis.have been est~blished on' th~ Plat of MountainGate alon~ ",.~~~!>{9~ lin~s and are located U1l.Q!!j)oliions of Lots 20-28 and 72. The goal within the /{ Deleted: 17 _. 1...1 Deleted: 13 T ." . MountamGate West Declaration ofCC&Rs - Page 8 of.u.. /;... . After-Recording Return To July 24, 2006 Lane County Surveyors .... . . easement area~ is vrimari]\! to retain or create an internal buffer oftree~ along internal pronertv boundaries. This mClV be achieved bv nruniIH! and ShaDing existuH.!. healthy trees: bv thinning younger existing trees to encourage growth into health\'. oronerly soaced mature trees or bv olanting new trees. 1vlahlre manle trees with broken tODS may beL,,!novedJi@JJj,~ced !2yan acceptable.r.!eRlace!nent tree.. Odle!:wise. the tr~es shalLI:>~ pruned and shaned to improve their health and aoocarancc. Di~eased. defoll11cd or danger trees as detclmined bv a orofessional forester or arborist should be removed. Grading may occur within the easements as necessarv to establish a dwellinl2. or retaining walls. orovided that where native trees are removed thevare renlacedbv acceptable reolacement . trees at a maximum spacing of thirtY feet as shown on a renlanting plan submitted with buildine: or LDAP oennits and anoroved bv the City. Removal of more than five trees greater than five inches in diameter at breast height shall require a Tree Fellin!! Penuit in accordance with Article 38 of the SvringJield DeveJonmenl Code. No snuclures shall be located within these areas exceot fences and retaining structures that are required for foundation or soil stability. The design and olacement of any retaining structures recommended bv a geotechnical em2:ineer or structural elH!ineer shall be placed to minimize intlUsion as detemlined bv the City and included with the initial building' oenn!t application submittal to the City. Street Trees. During the subdivision orocess certain trees and tree grouoings have been orotected for potential aualification as street trees that will meet City reuuirements. There are two street trees shown on the Develooment Plan man that are to be retained as street'trees. TIley are located on Lots 48 and 50. These trees "Jiall be protected durin1! hcluse and driveway construction and preserved as' street trees; They:mav notberemoved'unless detenuined to be diseased or danger trees bv.'a,professional forester_Of arborist.lf' removed thev must be renlaced bv street trees thaLmeet'C:::itv standards. ". .-,..........,....---,..- Other individual trees. tree clusters and tree llroupings located close enough to the street curb could qualifV as street trees ifnot damat!edo[',removed:\vith'house and ddveway vlacement. Gcnerallv trees \\'itl1in 20. feet 6i~street~rit!ht":of.,.wav;mavqualifv'as'street -' trees. Grouoings of trees even beyond the 20 foohdistance-mav'.be retained in lieu ofCiN required .street 'trees <ilonQ the lot sl~'eet fr6}lta~es~-tI--I'atdwo(:)d-~tre'es;,'rriUgt .oeOlocated at least 5 feet. alld conifers-mllsrbe 10 feet behindc'lll'bside':side\valk.~:' Street trees7.should be 10 to 20 feet from street lights, Specifjc:smridards':regulating'ithe use of;cxistirlgjlative ~ as streettrees are c.ontained :iri Section, 6:of fheCitvof SDrin1!field'Design, Standards and.. I'r^cedures'1anual. '; ':;;.'.~>~'l'"ft-.;.:.:f;.-fr';:_. . -." .: . . -.. ,. '-' n . ~.>!f<.!-:>:'":';"'~'!~~::'_-+' . '.l'~';'.:-' .~,~,' -~t~~;;~:g;~~l~~:~~:;~~:~~"-~~"~' .t~ . ;~~~~-,:~-',~:"<~. . Accentable Renlacement T,.ees/Plantillf!Stan1dj;ds.::::~.t.;:-.-,:" .c' . .. . '~:':i?;..~i.~;l.:;':'..,.:7'\~,fA.,.:'!.=;:'~ - - . -.... Trees replaced ~'ithi11 the priva'te Consen:'atic;h~Easemeri'ts'as established on. the Plat of MountainGate shall be 'of a native snecies soecIfied-inf'-hillside develooment-in Section 6 of the City ofSnrimdield Design Standards'and~P.rocedures Manual. Treesreolaced' lYithin. tl~:e ;?rivate Vegetation Easements as, e~t,:bl,i.she~ olnhe Plat of Mountain(!Bte nm ." .., ""'" . ,~... "':"3 .." -' " .',. ~. ~. "" :."::;"J': ~... ....: "r:;;;.-,--:!;"" ::~.---:~'. .j .'t::A:(r~, ~,~.;~~ ..': !..~. .,.;;''';! ,~~, ',;-:-, .T"" .' .' After Recording Return To Lanc County Surveyors ~ Deleted: 17 -':. Deleted: 13 Mountaind~ie West Declaration orCC&Rs - Page' 9 of.!1.- };-- July 24, 2006 . . be selected from the entire list of street trees contained in Section 6 of the City of Soringfield Design Standards and Procedures Manual Tree planting shall follow the procedures contained in Section 6 of the Springfield Design Standards and Procedures Manual. . . Tree Protection Durin!! Con.fttl'uc(;Oll. Durim! house and driveway construction designated street trees and other trees selected as native street trees as discussed above under "Street Trees" shall be protected with construction fencing, Construction fencinll shall be nlaced betv.teen Conservation Easements and the worksites during construction. Construction fencing shall also be placed to protect: Ve!2:etation Easements that will not be altered v,rith house, drive\vav' or retaining wall construction. Silt fencinf! may be substituted for standard construction fencing \",,11en located to serve this dual Dumosc. FIRE PROTECTION STANDARDS Due to the forested setting of MountainGate, certain fire orotection measures are reauired to helD orotect dwellings within a forested environment from the dangers of wildfireland enforced by the Homeowners Association. 110untainGate has been designed and consttucted so that all dwellim!s \J,iill be located in close proximity to fire hvdrant" that are to be used for fire orotection. Unless othef\vise approved bv the Springfield Fire and Life Safety Depmimenl. dwellings shall be located within fitly (50) feet Dflh" public street. the private ioint use access roads or orivate.drive\vavs constructed to standards that , will accommodate fire fighting apparatus. In addition, IandsC30ing within the lots should , establish fuel breaks around the dv,relhngs that discourage the spreading of\.vildfue. Fuel breaks may not extend bevond the boundary of the affected lot unless an easement exists UDon the adiacent property that allows for such use. There are two levels of fuel breaks . based UDon proximity to the dwelling: ,"c. ...,...... -- ". ..~. ~. - . .; ~:Pr;mart' Sufetv Zone. ,. - ". "",. ,.,. ~.;~ ~~~~~:;";:~?};::'i~&:;~~}l.~t~' .::.:.:!L ,,; ::~<~:~il.' . :..... .~,..' .'~ ... . . ,;, ........ .. _..- - ~,vhe primary safety zone is a firebreak extendinl! a minimum. of 30,feet in.all directions ._- \ '::..:i~;~~:;.E1~;!j;'~~-:1~-=~~~' _"_: around the dwelling exceot however that it shall not extend into a Conservation Easement'. ,":'~:::1~":.~:.:'Ht-~:r:--<i:~~:"!-.:: ,- _'W :,'o'r Vegetation Easement. The goal within the primarvsafety zone is to exduge fuels,that-~.:: :. .J.~~r.t{,:';P;;r.-"''i';~':'':'.:- " , ,. ;,:\vill produce flame lemzths in excess of one foot. Vegetation :within the orimarv'Safetv. -'. - ">f~{: ....".,..~,~,~.. --~_. !;-.... .zone could include ureen lawns. lo\v sluubs, individual trees and tree grouomgs. \Vhere '::;'f'::.~;::~~:.f:.{:~~~~:;~:~~~:: ~: continuous canopies exist. trees should generally be sOliced with grea'ter than 15 feet - .......,.; ....~~~.:;::~~ I '~between erowns and oruned to remove dead and low bf'dI1ches. ~: ..;.:#;s;~)"~W''%;:::,r=':=?'~'~' ~ .. . -_..'-- -,- '. - -'" ':'?_ :;:- 1,~1:: . . ,."-;;:t.:-:- ,,/.-,'-.~r..,,;' .:~ . -:....'",...! ~~7~'~r.' _..~ --. - .. .,,"' -:>- .' - '-, . lj;;:,,~~'if.':}~~t~'i~,:;~':~ -.:t:"'~ ; '<'-''',' "Secondan' Fllel Break~ " 2,:.t)?,~.~ ;.-.- ~~..., ~,'-""..":;', ,":.- - ... -.-. The secondarv fuel break extends a minimum of 100 feet downsloDe:fro~ the primary" safety zone. The 2031 of the secondary fuel break is to reduce fuels so that the overall, intensity of an\' wildfire would be lessened and the likelihood of crown fires anq .-._-?:.....,~'\:,~ . .- >. :-,~. . After Recording Return To Lane County Surveyors .- ---,;-.'. .- > ':,~ Deleted: 17 . /,,' Deleted:]3 MountainGate West Declaration ofCC&Rs - Page 10 of ll_);<" July 24. 2006 . . " s i I I r r I I I \ ..\ , h I .',t , ....~ i-',;" .- e;~ , :8,8 ;;l '~~r ~,-"- !!" .", -dl : I' T.' 1-1 _. - crowning is reduced. Vegetation \\'ithin thesecondarv fuel break shall be oruned and' paced so that v.'here continuous canopies exist: fire will not soread from crm\.71S of trees n the secondarv fuel break to C'roWllS of trees in the orimary fuel break. Due to the imite-d area affected. JaHre healthy trees within the Conservation Easements should not be ren19~ed-for 1l!!ffios..es offir~J2rotecti9n. Small trees and brush growinR-underne:~th arl!er trees should be thinned or nnlllcd to prevent soread of fire UP into the crowns of the lamer trees. Dead fuels that increase fire hazard fiav be removed. ' GEOTECHNICAL REOUlREMENTS A. geotechnical report. titled "Eartll'work Summary Letter" and dated Julv 21. 2006. has been preDared bv Professional Service Industries. and is attached. It provides gpeciiic ecommendation for the use of geotechnical review aoorom;ate for each individual lot development. An evaluation of the buildim.! sites has been conducted bv a PSI engineer durinu grading oDerations and the attached renort lists the geotechnical investigation' eauirements specified for each lot. Specific requirements shall apolv to initial grading. 10me constlUction and ongoing slope orotections. n hillside locations the City of Soringfield reauires a reoort from a geotechnical engineer o be submitted \\'ith aop]]cations for a Land and Drainage A heration Pennit (LDAP). In Phase 4 of MountainGate details within this initial reoort \,.,ill varv deoending upon vhether the lot requires a Level I or II geotedmical investigation and upon the initial findings of the engineer. : "C'T'~-, -..! .."' Vithin the Levcl hategoly(Lots 7-23. 29-34.40'61. and 74-101 ). neither extensive grading nor a_site-spe~ific geotedmical investigation is exoected for foundation desi"gn prior to constmction. However. the engineer should examine back2:fOund reports. ohvsicallv examine the site and revie\\' proposed house plans. The initial e:eotech reoort nav.consist ofa statement that the house plans submitted confoml with site conditions hat.1imit-investigation to the standards for the Level I review. - ~ ...,:! .: ,.,' . ".-'. ~.'t!~~;t.s,li:fiS:~!'t:: ~,:"; '.....rn....~.. ~.4_. ;:.~~ U_' '1-::.::. -;...;" '..; 'J ;.' .~':. .-."'--.... . . :,:.,~ '.~:~' ~~,=::~~7i~; ....,.,,-"""'-----'".... ':.,"'. -ceo.;,;!',.... ,~" ." __.~4'. .':':';;:6~~~~~ " .:...~i~~"i~~~i{ Within the Level 11 categOry (Lots 1.6.24-28.35-39.62-73. and 102.129) a site-specific geotechriical.in\lestigation is required foj. each;\ot:meeting building dcom1ment standards. mlc'results'and:reconllhendations are to 'be' iricluded.with the buildint!/LDAP oermit . ubmittat;~-rhe-inve:llti!!8tion and the,reDoIbhOlj.1d,a_ddL~li:5 Levell concerns such as lllstable.ground..soft/wet.soil conditions. "expansive soils. cuts/fills. and retainiTIll walls. n addition to'anv sDecial conditions affecting a oarticular site. "t." :t~~~f~~~t.l \Vithin botlrthc"Level I:and IT categories a.'l!eotechnical en!dneer is reauired to inspect. le site and fouugation placement dUl;m.!. constlUctlon and to issue a final written report n accordance with, PSI standards. " . ,-" J-O....~.... ." ~.. ., ~f,-,~' :r~~-'7'::::':1:.':;.:, . ;.. .".'~. -.', ~~:~>'" . .L't: .'.J ~..~;~~\''i~~; ..:.t.;:...-:::-':":'..;o:_:.~ After Recording Return To Lane County SUlVCYOrs 1 Deleted: J7 /:':. Deleted: 13 MouritainGate West Declaration ofCC&Rs - Page 11 of ll_,:-- July 24, 2006 ,:...":.;';.,,,. . . I)RAINAGE Noninterference of DraillUfle. There shall be no interference \~:iJ:h the establh'ihed draina~nattems or systems over or through any lot or common area or an\! adiacent Droner!V unless adequate alternative orovisions are made for orot"'ler drainage. TIle telm "established drainage" shall meanl the drainage swales. conduits. inlets. and outlets desij;med. maintained and constructed for MountainGate. Storm ,vater sewer laterals have been required and extended to each lot for conveyance of roof drains. building foundation drains and orivateoroocrtv surface drainage. Prh'ute Storm Drainufle Easement. A orivate Stann Drainage Easement is desil..:rnatedon the Plat and is located across p-ortions of Lots 107 and 108 and within adiacent offsite easements described in seoarate recorded documents. It is a orivate storm\vater easement. Normal routine maintenance of the Drainage Easement is the reslJonsibilitv of the owner of the lotuDon ,-"hich it is located. No structure, fence, olanting, or other material that may damage Of interfere \\lith the installation. ooeration and maintenance of stor[n drainat!.c facilities, that may redirect drainage to outside the easement. or that may obstruct or retard the flow of water through drainalle channels in the casement area shall be place or oermitted to remain within this easement area. All effort shall be made to avoid allowim! allv petroleum-based products or other hazardous Of foreien substances from entering or contaminating the area of this easement. Vegetation shall not be dishlrbedexccotas necessary for landscaning and . maintenance. to reduce tire~hazards orlo'control,noxious and invasive overe:rown vei!etation such asblackberrv vines. .. ~"n' '.;<. WETLAJ"i I)S .~,f' :~~~~l~:i~~~<: ~-:_,_!:t!!;>"::. , ,,~., , .~,,: " ," . The entire master. olan co~miunitv':~fK16GTitiiiiGih~h;s received arlOro~!ed oelmits from USACOEIDSUfor fill and mitigatiOliworkwliicliiare'on'file with'thdoity of Springfield,': Lots50'- 51..c ..._.__.".:'~' ~-:c:n~<~~;:;;l~t:;.i' .' ';'--" ,_.~ "- "" :'"",:.;~,n~!:' ,~,:." '.>~ ~ ~" ,.'<--,~. <".,' ,:,,',y>,~:.:;;~-:=r . , ..i:.~ .As of the time ofrecordinl! the DlatToFMountaiilGat'e\Vesl. a delineated wetlands reDOrl': identified wetlands on lots 50'and 51,':';;~As~1(Sri1!!as;this"deJineated'v";etlands'reDort is in '-', effect. any disturbance ofthe:]ots,cannot,o'ccur:within the delineated wetlands unless a t :-: ioint DSLlUSACOE pemit is obtai~ed.:... .." , .". ..-. ~ - - - - - - - - - ~ - - -; - - - - - - - -'- - - - ': :--~~"- ::. -' :-.-- :.. ...: - - - - - - - - - ..:. - -' - - :. :: ~ - - - - - - - - - - - - - ~ , .- - - -'- - - - - - ...' - - - - - -'- - - -' - - -'- -'~-'''::~':' ..::.. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - , , , , ,':. , , Deleted: Introduction. MountainGate' W~sL which was approved hy the City of Springfield as Phase4A. B & C of the Master Plan Property, consists of 129 lots that have been approved as a residential subdivision under the' provisions of " Mount1JjnGate Master Plan ApprDval I' (City rile' 95-02-003 9) and Springfield i Development Code (SDC) standards contained in SDC Article 35 - Sulxlivisions, SDC Artide 38 - Tree Felling. and SDC Article 26 - Hillside Development. This dOCWllent satisfies the requirements of the Hillside Development and Master Plan lIpprovals fora comprehensive "Hillside Development Plan" for the sulxlivision to guide the cOllStruction ofdwcllingson the individual lOIS, 1l1is plan incorporates the referenced reports required by the Hillside Development article and the City ofSpringfldd, Developer, and future owners will uSe' the approved Hillside Devclopmcnt Plan to assure tm.t tree felling. grading. constructioll, andfUlure use will confoml to subdivision I cOlldilions and provisions of the Master I Plan requiring Iheprotecllon of trees, drainages, and slopes, The HllIside Developme'1ll Plan include's a lot by 101 dcscription of conditions Ihalwill affect Ihe design and location ofslTUctures a~d drivcways.includingspecial foundation requiremenL~on somelols.'1 The' plan also includes general guidelines for the entire subdivision contained in requiredreportsandfinalplans,1l1e slruclureoflheremaindcrofthis document is as follows: ~ I, Tree' Preservation Plan , 2:Fire' PrOleclioll Standards . .:. _, _ J,.GpQ!.~clll1ical Requirements '. i 4, Gradj1)g._ Slopes, and Drainage 'Guidelincs"il :', 'I 111e,requiremenls oflhe Hillside '1 Development Plan, induding individual lot plans (shown in Exhibit "B"). are hereby incorpornted into these CC&Rs. A -copy o'f the' approved geotechnical report is at~chedas Exhibit "A",'I Tref'Pre'sl'rbtionPlan1f , ,I. TIle purpose of this plan is to - - i;~n';n;arize and implement measures adopted to rnailltain the aesthetic and . erosion control value of trees and native vegeiatioll within the MountainGale West as established by Ihe approved lTee felling permit the fillill forester's report, Hillside Development Plan. and individual ,Springfield Development Code (SDC) standards,' ';,-o.e1eted: ~ {Deleted: 17 .,' .+.".- ,i:{ Deleted: 13 MountainGate West Declaration ofCC&Rs ~ Page 12 of ll_:~'" luly 24, 2006 J ! " After Recording Return To Lane County Surveyors ~ot,l39JFntnre Develoomen.tL _ __ _ _ __ _ __ _ _ __ _ __ _ __ __ _ _ _ _ _ _ _ _ _ _ _ _ __ __ _ _ _ _.- -' -r ~el"ed: L.,,_SO-51~ I-As oflhe time of recording the pial for I MountainGate West, a delineated I wetlands ~port identified ",,:ctlands 0'0 ., lots SO and 5]. As long as this delineated wetlands report is in efTecl 3ny distUrbance of the IOtSC3111l0l occur Wilhili the delineated wellands unJessa joint DSUUSACOE pemlil is obtained. ~ \ '1 ..- - LOtlili6-12~ \. . DecJ~rnnt has the righlto re-subdivide \ lots J 16~]29 or any portion thereof."i .'" '1'1" "rract ,The terms and provisions of ARTICLE 6 of the CC&Rsare hereby adopted and' DelOt.dO ~A" incorporated herein except for and with the following changes, provided further thaU)>e _. function and authority of the Architectural Review Committee{'tl)e ARC") asj,tre.1.ates'.",..,i-;'.,,,''''' . to approval of house and improvement plans and site development shall be administered': ' and conducted for Lots within MOUNT AINGA TE WEST .by J'he j)ecl~rapJ untiEsti"JjiP{:%';1',';,t;,,~ ','C.':,._. time thattumover, as hereafter described, occurs: . . -:~ '_" '.'-" .:--."~!.~ ;j'<I;:,~::'~<':_{;:.rt.i.:~t'Gt:~~.;:"":."" ';';" <1"". -Lli~.!-'~t,?f-:t,'<'::.!"-S::-'::"'~~:'i"" ;"., 1. ARC Prior to Turnover. Prior to turnover, Declaran~:reserv~s the right,Jo q::eaJf ~.:~~..~.i'~:~:;:,;;~':,,",": . .~ ~ . committee to assist it or any sUccessor Declarant in the perfQrnlance of the duties, -, ~ :";"'5i;<.0'.:pz:...'t~;~:.. _' . responsibilities and functions of the ARC as.descr~be9.hereir1.Q~91araI1t fqrtl]~.I:: r~~e:tY~~"?~fl't~;i~jGi:C~:' ~:. : the right to create rules and regulations for the operation ofthiscomplittee.and Jl!!1ljffiJQj'~i~;~":;:-~:~1;.:':-:' allow it to continue to function after turnover has occurred ~o long'l!s.t4~'QrigiTI.~I~,jt6:;:~-:1~~.~;-::__:~i,~_: Declarant or, iftuffiover has occurred for MOUNTAINGA TE, the Association concurcin, a written document that shall be recorded as an amendment to this Supplementary '1: ;'...":','~ Declaration. . . l.ot Draina!!e and Slope _Maintenanct; _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. _ _ __ _ _ _ _. __ __ The slope areas and improvements on said slopes of any Lot shall be landscaped, irrigated and maintained in compliance with all of the applicable requirements of the Municipal Code for the City of Springfield and the documents of MountainGate Homeowners Association, and in such a manner as to enhance the appearance thereof and to preserve established slope ratios, prevent erosion and facilitate the orderly discharge of water through established drainage systems, The Association shall have the sole and exclusive authority ill all decisions with respect to the maintenance of slope areas. The Association shall also have the responsibility to maintain any exterior slopes adjacent to private or public street areas, including slopes created or manufactured as a result of Declarant grading operations, incident to the development of the properties, except those slopes along a side lot line that would ultimately be between two houses, The Association shall also have the responsibility to maintain within the properties, all bench drains, down drains, brow ditches, pipe drains and other facilities of the established drainage facilities within the property, Tract "A" was specifically approved through the Master Plan approvals as a higher density site also known as a "cluster" development. The approvals allow up to 10 units . per acre and the Declarant is in the process of obtaining a tentative subdivision approval ~'"';jt::;tlb-lsfrd$ Ai g AS ti:(,iS . ~. / . ARTlCLE6 .' '.for ~/iif:ty-" ARCHITECTURAL AND SITE DEVELOPMENT EEVIEW ;- " , . '~-.-- :. -\-..'~ ;,,_,.,i.:>-: ~_., f :".:.'. <"~ ,\ ;':"._:, t. .~ ,-. ,. ,I.',;: ";;;. I After Recording Return To Lane County Surveyors .""" - - - - - - - - - - - - - - - - - - - ~,_.- - - - -..-" . i I , , ' MountainGate West Declaration ofCC&Rs - Page 1'3o[11u;'''-''- July 24, 2006 Deleted: .,Of l)rai.!lg,~!!~2!!!1K Maintl'nance , 'i Formatted: Font: Bold '. .'. ?.:'-,.",:. '..,.;.;,\.: . '" ,'. Deleted: I I Deleted: 17 Deleted: ]3 . . ARTICLE 7 ASSOCIATION The terms and provisions of ARTICLE 7 are hereby adopted and incorporated hereiA except for and with the following changes: 1. By acceptance of a deed to a lot in MOUNT AINGA TE WEST, the "West OwnerS" agrees to become a member of the Association described in Article 7 of the CC&Rs and to pay assessments in accordance with Article 10. 2. Prior to turnover, Declarant may, but is not required to, form a sub-association of the West Owners to perform any function and assume any duties or responsibilities that are delegated to it by Declarant so long as such are not in conflict with other provisions of the CC&Rs or this Supplemental Declaration. The sub-association shall be established by Declarant's recordation of a supplemental declaration in accordance with Section 2.2 of the original CC&Rs described herein. Such sub-association may continue to exist and function even after turnover has occurred so long as the Original Declarant, or if turnover has occurred for MOUNTAlNGATE, the Association concur as evidenced by recordation of a document to Ulat effect, except that if either the Original Declarant or the Association do not concur, then"the sub-association shall cease to function and exist and all of the West Owners shall, upon.the date of turnover, become voting members of the .- Association. . .3. If a sub-associadon of West Owners is created, it can function and operate in accor~ance with the authority granted by this Article to the Association, so long as it does. . not take aC,tioll.which conflicts with any other provisions of the CC&Rs or this Supplemental Declaration. '.I. J<..A:,:",:".':i;.':-~.:.~' .... .J., ARTICLE 8 .'-:t,i :'::';';i~~{~:::ji~:~...~-_'-.' __u ..':... c~"_,,,.:!~_. . ..DECI;ARANTCONTROL ..-'r - ".;~.~::..';' ~i~~:.tl~:'~~}.<.t:~:~... ."....;:.,.~;:.;,....._:. .,:: ~. F~.:' "".~' ,".o-_~ ;';;";;,~,,,;;,:,;;,..The. tefJ11s:a~d provisions of ARTlCLE.8 .of.the CC&Rs are hereby adopted and '; ':.,'.:'i':;-. incorpqrat:.~herein except that !he.prqyisio.lls therein apply only to the Original :} :... .',:. Declarant as to MOUNTAIN9Al'E and to.the Declarant for MOUNTAINGATE WEST. "~K~r,-"-~ ~~~:f~~.'" :.- ~~~~~':~:'7~~7;'~ .:1 <.-~. . ,_, ' .;..., _, 'C'" .. . .- _. ~__.. '~" ._u . ~_~. . , .. - ~ ):- ~. ~ :.";;:' ."P"''''' - ..-., . c.. ..~... ~, "". ., fe,,; . ." .~. ..' t ".;." .-....- .-....--'. --,.. ,.. .ARTlCLJ<;_? ____ --.- - -- - ---- _._____1__ -- -".1f'"ted:~ . . DECLARANT'S SPECIAL RIGHTS . ~..::.-" ..;; ,:.v.._ The terms and provisions of ARTICLE 9 ~f the CC&Rs are hereby adopted and . incorporaied herein except that the provisions therein apply only to the Original . Declariuifas to MOUNTAINGATE and to the Declarant for MOUNTAINGATE WEST. After Recording Return To . Lane County Surveyors .,~ Deleted: 17 / / Deleted:]3 MountainGate West Declaration ofCC&Rs - Page 14 of g.::'- July 24, 2006 . . bR_TI'-:L,EIOn_ _ _ __ _ _ ___ .___ _ __ _ _ _n ~ __ _ _ - '-1 Deleted: I FUNDS AND ASSESSMENTS The terms and provisions of ARTICLE 10 of the CC&Rs are hereby adopted and incorporated herein except for and with the following changes: I. Upon purchase of a Lot from the Declarant, West Owners will be charged an initial assessment of $1 00 which shall be in addition to any other assessment or fee described herein and which shall be payable to the Association at the time of or prior to the purchase. The Declarant may establish other fees or charges that are payable at the time of purchase. 2. Assessments for MOUNTAINGATE WEST. It is the intent of the Declarant in adopting this Supplementary Declaration to require the purchasers of Lots within MOUNTAlNGA TE WESTto pay assessments to the Association in accordance with the terms and provisions of this Article in amounts and shares that are equal to those paid by the owners of Lots in MOUNT AINGA TE, including, but not limited to, the initial assessment described in paragraph 1 above. By execution of this Supplementary Declaration, the Association agrees to accept WEST Owners as voting members of the Association upon turnover of MOUNT AlNGA TE by the Original Declarant and upon turnover of MOUNTAINGA TE WEST by the declarant, except that the function and responsibilities of the ARC may continue to be conducted separately for each phase or addition of the Master Plan Property even after turnover. '" " ';"'-."- ARTICLE! I . G.ENERAk PROYIS,IONS '1-- .-."_ The terms ahd provisions of ARTICLE' I I of the CC&Rs are hereby adopted and .c... .,incorporated herein,exceptfor'an.4)Vj!lQI)e. f9llowing changes: ".',.-. ~--,.- ..;' !.,Declarimfm'ay ~ot amend;':;'ilirZir:~i:h-<!.nge.th_e origiIlal~,C_8.:Rs'9r this Supplemenhil"';~'.!"- Declaration withoutthe,wriitelj~c\m.cun:ence:()fthe'OriginaH'l.eclarant or, if turnover has .: . .,.... occurred, the written conculTence,:of,tlie:'Association, which:C-oncurrence shall be;.;'j:'~;;,:<,' i''' . .,..recorded.in Lal)ecCounty.:p.rop"I1y.R"cords. .; "'.:"'-:' '..! ,"c'::' t",-,,- ;.-:,--;," "'.~~~. ,_""'~J.<-; .....;.,r '( '- ~ ',' ,. ~~~-) _: :::;..:,..;_;';;~.'i~f~;"X~-'r:(;:;::.:: -!';' . - ":'~~;;:;T.1il.ltj:';~:!i:'..~~'~';"?;:':~':""~ ~'7"-:'.~"",' . '.. ~:'"'[ :;:l?~"""}~';_':}~\}";r~\.""'~;' -:T."'" ~ -.-.,':.,~~. ......, '1--. ., ,! './,<' After Recording Return To Lane County Surveyors : ,'~ Deleted: 17 / / Deleted:]3 M"ountainGate West Declaration ofCC&Rs - Page 15 of.l]" ,/.- July 24, 2006 1 . . rN WITNESS WHEREOF, Declarant and the Original Declarant have executed this instrument this _day of _ 2006, I SUNTRUST LAND COMPANY LLC MOUNTAINGATE DEVELOPMENTLLC By Mark Vukanovich, Managing Member By Michael P Evans, Managing Member State of Oregon ) ) County of .J This instrument was acknowledged before ~,e on , 2006 by MICHAEL p, EVANS, Managing Member of MountainGate Development, LLC, Notary Public for Oregon, My commission expires: State of Oregon ) ) County of .J ,",,,,,,". - ....... l;...;'.: -..!,.,..'.: . - . ~ : : ..i.~C(<~~ {',:::tf, :~~';~{/~ J~~~ '.:f. '." ...' -........, This instrument was acknowledged before me on . . . " 2oo~~f'~l&';~;,:;~~;:~~,~; : Vukanovich, Managing Member of Sun Trust, Land <;:ompaI1Y' hLf,::,~ ,~::::::::'~~,:::7::' , - , .~.,.' ~ ~~~"'.~'-~::'- .......,'.-"'~'.,:::;.'.,,>,\.t..i~.i,-c;;'....;.>. -.(:...:!' , "~...,",, . :" r" .'~~'~1;ii':L"~~4.:':0"-~. . :~:-~-". ::A.':;l:~ir'~:--_";'" :::.. Notary Public for oregon My commission expires:' ',,,~,,-,.., .,;...".-, '...;;"" ,_ -.~ '"~::-r,,.- ,<I';: '.-~ . ~ Deleted: 17 ;/: Deleted: 13 MountainGate West Declaration ofCC&Rs - Page 16 of 11. /;.- Juty 24, 2006 After Recording Return To Lane County Surveyors I ...;.j"" ':'~.~,"'~:7 '. ,.-,;' LZ.',,-'<>- -c'''"._ .~"'" , EXHIBIT "A" """,rrr-il:':'::":-'": "" ," ' -- "-'k::;:~",,;...t;;.,' t:"': "".",' After Recording Return To Lane Cou!lty Surveyors . ".',< .. , '.<.~"," ,.,' . '1"7;':~'~:X'., -"~ . ,. " "-",.."..=., ",' :J-,i~:..i'\)~~.;" ,.1' "~, ," ,,,., ":'7 - ::,.-r~~"' ".._~:';':,:~;: T.ti ';'."I-'r'.";-~i,;"Z":' .;~ ~'.':!' _4.+ -" -; :'~-~.; ,'~ Deleted: 17 / ~ Deleted: 13 MountainGate West Declaration ofCC&Rs - Page 17 of l1... /:" July 24, 2006 . ".".. . . Page 12: [1] Deleted ' ,~, Lindsey Taft 10/10/200611:53:00 AM ' Introduction. MountainGate West, which was approved by the CitY of Springfield as Phase 4A, B & C of the Master Plan Property, consists of 1291~that have been approved as a residential subdivision under the provisions of~i!ountainGate Master Plan Approval (City File 95-02-003 9) and Springfield Development Code (SDC) standards contained in SDC Article 35 Subdivisions, SDC Article 3o/Tree Felling, and SDC Article 26 ,Hillside Development This document satisfies/the requirements of the Hillside Development and Master Plan approvals for a cdmprehensive "Hillside Development Plan" for the'subdivision to guide the con~truction of dwellings on the individual lots. This plan incorporates the referenced r~ports required by the Hillside Development article and the City of Springfield, De/eloper, and future owners will use the approved Hillside Development Plan to assure that tree felling, grading, construction, and future use will confonn to subdivision conditjbns and provisions of the Master Plan requiring the protection of trees, drainages, and ~Iopes. The Hillside Development Plan includes a lot by lot description of conditions that will affect the design and location of structures and driveways, including special fOlfhdation requirements on some lots, The plan also includes gciJepl guidelines for the entire subdivision contained in required reports and final plans. The Structure of the rdmainder of this document is as follows: 1. Tree Preservation Plan 2. Fire Protection Standards 3. Geotechnical Requirements 4. Grading; Slopes, an? cDrainage GUi.delir The requirements of the Hillside Development P'~n, including individual lot plans (S?Ow~ in\~J.l.hf.b},L'~~,'J?'A~e.h~reby incororatt;d into these CC&Rs..A copy of the approved geotechmcalreport IS attached as Exhlblt'l'A". . T~eep';eser,vatioIi'Pl~n"':' .:. ,.J ,/.,.... .. \: .~. :;~'-' '.... . . 'j ,:T~e'p;~6~;~li~j~:~:~';sto~Ulm~L::~nd imPleme~~'as~r~~ adopted to maintain the aestheti,< ,aI?~I~r.o,~ion control valuf of trees and native Vege~iOn within the MouniainGate:~W~st:as' !lstablished by the approved tree felling p nit, the final forester's report"HiIlside pevelopment Plan, ~hd,indivjdual Springfield Deve opment Code (SDC) '~::::::~~:I:'~~eneral .. I' . . SDC requires' that a tree felling pennit be obtained for the removal of more an five trees greater thari'fiv~ inches in diametbr at breast height per year. However, a tree {ling permit is not required for the initi'al removal of trees from the lots during preliml!ry grading or the construction of thJ approved dwelling footprint and driveway provi d that no tree removal is allowed within building or vegetative setback areas without p 'or city approval through the LDA? or building permit process. Additional restrictions for"" tree removal exist within the tree conservation easement and vegetative setback areas as "" described below. ' . " Acceptable Replacement Trees/Planting Standard . . I. Trees replaced within a public conservation easement as established on the recorded Subdivision Plat of MountainGate West shall be ofa native species specified for hillside development in Section 6 of the City of Springfield Design Standards and Procedures Manual. Tree replacement is acceptable when, for example, a mature tree has a broken top. The mature tree in this circumstance could be removed and replaced by an acceptable replacement tree. Otherwise, the tree shall be pruned and shaped to improve its health and. appearance. . Tree planting shall follow the procedures contained in Section 6 of the City of Springfield Design Standards and Procedures Manual. Street Trees During the subdivision process no trees or tree groupings have been protected for potential qualification as street trees that will meet City requirements'" However there maybe individual trees, tree clusters and tree groupings located close enough to the street curb that they could qualify as street trees ifnot damaged or removed with house and driveway placement. Generally trees within 20 feet of street right-of-way may qualify as street trees. Groupings of trees even beyond the 20 .foot distance may be retained in lieu of City required street trees along the lot street frontages. Hardwood trees must be located at least 5 feet and conifers must be.l 0 feet behind curbside sidewalks. Street trees should be 10 to 20 feet from streetlights. Specific standards regulating the use of existing native trees as street trees are containedin.Se.ction 60fthe'City of Springfield Design Standards and Procedures Manual. '. '-~..!.;:' .,' -~: .:.., '.:.: . . .' ., . . - ';.. .',~.~.:::'~.~".~;~~:\'<r:';"'!"~\".l" Tree Protection During Construction . . -".' ..,.. " ." During house and driveway construction trees se1e~!l'!d'as~riati\ie~street trees as disclissed above under "street trees" shall be protected withconstfUClioi1"feriCing. Construction' . . ....,. ~ ", ".' ~ . '.... . -, fencing shall be placed between the constructioifsitMilio::tfe~'coHservation'easemef1t or vegetative setback area to protect trees and shall..be:.a:miniri1Uni'ofSfeet from trees:in,the conservation easelnent or vegetative setback areas:J'}'i,;.ti~~.;~s~:.-~i~'Y:~~f-;::"~':'J,~~..", -:,."..<..~.,-" ...... . _ _":.::,,.';':'~j-.ifi\~~r~~I-,;~.:;'-;:: .,.......,....' {:;:.:. ':---..:' -. Hazard Trees '---. ..,.,' Hazard trees are not identified, but are present within the boundaries of Mountain Gate West. Property owners are responsible for identification. and removal of hazard trees with verification by a professional forester or arborist and approved by the city through ail . LDAP or subsequent tree felling permit process. L, '. -;,,'.~ --:> ". .': ': :. Fire Protection Standards I. Due to the forested setting of this subdivision certain fire protection measures should be observed to help protect dwellings within a forested environment from the dangers of wildfire. . . The subdivision has been designed and constructed so that all dwellings will be located in close proximity to fire hydrants that are to be used for fire protection. Further any lots deemed by the City Fire Marshall to be located within a vegetated area subject to wildfire the building(s) shall have a Class A or B roof in accordance with the Oregon State Structural Specialty Code. In addition landscaping within the lots should establish fuel breaks around the dwellings that discourage the spreading of wildfire. There are two levels of fuel breaks based upon proximity to the dwelling: Primary Safety Zone: The primary safety zone is a firebreak extending a minimum of 30 feet in all directions around the dwelling except however that it shall not extend into the tree conservation easement or vegetative setback areas. The goal within the primary safety zone is to exclude fuels that will produce flame lengths in excess of one foot. Vegetation within the primary safety zone could include green lawns and low shrubs. Trees should generally be spaced with greater than 15 feet between the crowns and pruned to remove dead and low branches. '.. -- Secondary Fuel Break: The secondary fuel break extends a minimum of 100 feet down slope ITom the primary safety zone. The goal of the secondary fuel break is to reduce fuels so that the overall intensity of any wildfire would be lessened and the likelihood of crown fires and crowning is reduced. Vegetation within the secondary fuel break shall be pruned and spaced so fire will not spread to the Primary Safety Zone via the tree crowns. ,.~."" ,~..' Small trees and brush growing underneath larger trees should be thinned or pruned to ' '"":-'.'. .' , prevent spread of fire up into the crowns of the .larger trees. Dead fuels shall be. removed. .' :..., .: '. :",: ,. ~;." c . ....Fuel breaks may not extend beyond the boundary. of the affected lot unless. an easement .... . .~,.. , ....: . exists upon tIie 'adjacent property that allows for such use.: 'n '.. ". ;......., ,: '.". .<-....... .:",. Geotechnical Requirements , ,~,:hQ.:.., . .....",..., ,. "'. . . f "j~: ,..,....~; ..:; '~...' .', ; .:.,,:~""F-(':'>,,-,. A geotechnical investigation for MountainGate West has been-conducted by PSI. '.,. .<'.:;,';:'dJ.:ii'lfi"7itf.-:?s.i1ict :,., .c.u;.:.,; Engineering. PSI Engineering prepared a report dated July 21, 2006 that proyides specific ,;'i:?~E:r!;-!l:':;~'i;:' ... '",,,:,o,r,!,;:.\ ;;.' recomin'ehdations for the level of geotechnical review appropriate for,the individual lots. :,.f:n.&~if.,t:i;:J~<i,j,,~..' , .. .,.7.'7..."....: . The geotechnical report is attached as Exhibit "A" and is to be used with individual lot. , ",':';\'7~.'!i:;r;.'-i:'::>':""':' . .. . ." .. .. developmenk An 'evaluation of the building sites is to be conducted by a geotechnical" ,'..,".' /. ';.l.,~.,:,.{,..~ ,. ~'. . '. engineer prior.to house construction. Either of two levels of review is required depending:" ,:';r'l;,;:Q.,. c.:.:.. . upon specific site conditions. The attached geotechnical report lists the requirements for the levels of evaluation specified for each lot. :~,. .-".'::-..- . , ;.:::~',,:,::'~~':::.:.~:~r.!::~~ ... " Gradinl!. Slopes. and Drainal!e Grading, Slopes. and Drainage There shall be no interference with the established drainage patterns or systems over or through any other lot or common area or any adjacent property unless adequate . alternative provisions are made by a licensed engineer for proper drainage and approved by the city engineer. The term established drainage shall mean predominant slopes, the drainage swales, conduits, inlets, and outlets designed, maintained, and constructed for MountainGate West. . . Stormwater sewer laterals have been extended to each lot for conveyance of roof drains, building foundation drains, and private property surface drainage. Private Stonn Drainage Easements I. Private storm drainage easements are designated on the plat and are located across portions of Lots 107 and 108. These are private easements for drainage of private storm . water. Management goals of the drainage easements include the maintenance and enhancement of natural, scenic and environmental qualities while maintaining storm water quality and a functional storm water system. All effort shall be made to avoid allowing any pesticides, herbicides, fertilizers, petroleum-based products or other hazardous or foreign substances from entering or contaminating the easements. Natural vegetation shall not be disturbed except as necessary for maintenance, to reduce fire hazards or to control noxious and invasive overgrown vegetation such as blackberry vines. No tree shall be cut within the drainage easement except for diseased, dead, damaged or hazardous trees. No building shall be allowed within the drainage easements. Lot owners shall perform any maintenance necessary to cause drainage to occur as plarined.-Provided, that any maintenance, repair or other work necessary as the result of , ,. -. any wrongful act or omission of another party shall be performed by that party. If that . .'..' party fails.to:.do so, the same shall be performed by the homeowners association subject -'.to reimbursementas',provided in the CCRs. Subsurface drainage systems and open swales. ._ _. . ;::".:' or:ditches,have beeri constructed in certain locations.along. the back side of curbs or .:, ,.,'., ,. .'--_.',:;:.' .sidewalks'witliiil-the'publicstreet rights-of-way.. The purpose of.these systems is to .....improve ingividual,'lot"drainage and intercept water in.sloping areas'and direct it into the public stonii:~atef system. These drainages are within the City street maintenance ~ . ':' - _"""'1'0I'''~''".,' ',-., ,..... " - . . system 'an,~~~hall'riot be blocked or diverted by adjacent lot owners. 'i1::~ '<~: -- ~'>' . 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