Council approves requests from housing developers
The Cave Junction City Council agreed to grant requests by a couple of developers at its Monday, April 9 meeting.
Developer Larry Osborn had asked the council to modify a condition of approval for a Master Planned Development (MPD) tentative plan for the Southridge at Laurel Pines subdivision. He made the request in writing on March 30, according to city documents.
The tentative plan called for Osborn to “provide a notarized agreement with the owner of the (River Valley Village) mobile home park and other intervening property owners until access is gained to a public right-of-way for use of Ollis Road as emergency access.”
But at the council meeting, Osborn said there was a need for “correct language” in the agreement, due to a dispute between himself and the mobile home park’s owners.
“They don’t even own the land,” Osborn said.
Ollis Road, located off of Sawyer Avenue, goes through Osborn’s development property and River Valley Village.
Osborn said that the mobile home park’s owners are “encroaching” on his property, and that an error was made during the surveying process. He said that in a worst case scenario, he could put a gate across the road and resolve the dispute in court.
“There are state statues that cover roadways that are private when there’s no written agreement between parties,” Osborn said.
Osborn said his attorneys are currently reviewing those statutes, and needed the council to approve his request so he could give direction to his attorneys.
Councilman Margaret Miller made a motion to accept Osborn’s request, and councilor Dan Fiske seconded it. The council then voted 4-0 to approve the motion, with Lynne Atteberry abstaining.
Osborn said it would take 30 days for his attorneys to draft legal documents, at which point they will be provided to City Attorney Pat Kelly.
The council also agreed to honor a request by John Chmelir, who represents Willow Development Consultants LLC and Illinois Valley Development LLC.
In an April 4 letter to City Recorder Jim Polk, Chmelir asked the city to approve the second phase of the Laurel Pines subdivision.
Sewer lines are complete for all 48 residential and three commercial lots, Chmelir wrote, and storm sewer and waterline work are nearly complete. Curb, gutter, paving and sidewalks have yet to be finished due to winter weather conditions.
“It’s been muddy, and it’s just now dried out,” Chmelir said.
Chmelir said that Grants Pass-based Copeland Paving Sand and Gravel is mobilizing to do downgrading work for the project. He said he wants to be able to place model homes on the property so the builders can have their products ready for market at the end of the summer.
“The whole desire here is to move the process along,” Chmelir said. “We’re not trying to get out of doing anything.”
Chmelir said he would still have to go through the usual processes with the city and county before the plat could be finalized, and that a performance bond has been offered for any infrastructure work that has not been completed. No certificates of occupancy can be issued until that work is finished, Chmelir said.
But Mayor Tony Paulson said that the county never tells the city when those certificates are issued, which has been a problem in the past.
If sidewalks are installed according to the initial agreement with the city, Chmelir said, they would have to be re-done later on in the process.
Councilor Russell Ehrman said the sidewalk issue is a “pretty common problem” with large subdivisions, and said that sidewalks are an important safety feature.
“There’s a functional reason for sidewalks that’s not being met by this approach,” Ehrman said.
Chmelir said paving would take place in the next two months, and the model homes would be ready in August or September.
Paulson said that the longest the city let a subdivision go without sidewalks was the six-month extension granted to the Belleau Woods subdivision, located off of Burgundy Lane.
Ehrman emphasized the importance of installing sidewalks as a condition of approving the project.
“I definitely want to put a time limit on it,” Ehrman said.
Miller made a motion to accept Chmelir’s request, but under the conditions that the infrastructure is accepted by the city, the performance bond is filed and the sidewalks are completed within 12 months of the final plat. Fiske seconded the motion, which passed 4-1. Paulson cast the dissenting vote.
