Loading...
HomeMy WebLinkAboutPlanning Commission Packet - May 5, 1987Next Resolution No. 124 CITY OF CENTRAL POINT PLANNING COMMISSION MEETING 155 South Second Street :May S, 1987 - 7:00 p.m. AGENDA I. Meeting called to order ' II. Roll call III. Approval of minutes IV. Correspondence and Public Appearances V. Business Page ~k 1, A. Site Plan Review - Commercial office addition at 36 East Pine Street submitted by John Pierson 7 B. Site Plan Review - Muffler shop in the 900 block of South Front Street submitted by Dan's Muffler Center 14 C. Final plat for replat of The Meadows Planned Unit Development submitted by Neil Scheuneman VI. Miscellaneous VII. Adjournment --,STAFF REPORT--- To: Planning Commission Date: April 30, 1987 From: Don Paul, Fire Chief/Building Official Re: .Site Plan Review - Commercial office addition, 36 East Pine Street, C-5 zone, 37 2W lOAA, Tax .Lot 1300, submitted by John Pierson John Pierson has submitted a site plan for proposed additions to his commercial building at 36 East'Pine Street. Chapter 17.72 provides standards required for a site plan which the Commission may refer to for their review. The existing building is concrete block construction and 1,440 square feet in size. One proposed addition consists of a 240 square-foot extension to the south end constructed of concrete block to match the existing building. A pro- posed 77 square-foot foyer is intended to be constructed on the west side of the building and will provide entrance to the building through double doors. The foyer is designed to have a metal mansard roof and walls of concrete block construction. The site plan indicates seven off-street parking spaces. Central Point Munici- pal Code Chapter 17.64.040 would require a total of six spaces; therefore, the parking requirement has been met. As stated in the memorandum from Fred Phillips, Public Works Director, the applicant should be required, in accordance with Central Point Municipal Code Chapter 12.02, to enter into a deferred improvement agreement for future im- provements of his share of the alley to the rear of his property. This agree- ment would be recorded with the deed of Tax Lot 1300 and run with the land. The following exhibits are included for the Planning Commission's review: Exhibit A - Site plan (separate document); Exhibit B - Notice of Public Meeting; Exhibit C - Certificate of Posting of Notice of Public Meeting; Exhibit D - Assessor's map page; Exhibit E - Aerial map page; Exhibit F - Memorandum from Public Works Director. DP/mat. D pn ..,. ~~1 135 SO. SECOND~ST. P.O. BOX 3578 CENTRAL POINT, OREGON 97502 PHONE 664-3321 .THE HEART OF THE ROGUE RNER VALLEY NOTICE OF PUBLIC MEETIATG ATOtice is hereby given that the City of Central Point Planning Commission will conduct a public meeting to review a site plan submitted by John Pierson for a commercial office addition to be located at 36 East Pine Street, Central Point. The, property is zoned C-5, Downtown. Business District, and further described as Jackson County Tax Assessor's Map Page 37 2W lOAA, Tax Lot 1300. This-public meeting will be held on May 5, 1987. at 7:00 p.m. in the City.. Hall Council Chambers, 155 South Second Street, Central Point. Don Paul Building/Planning Department City of Central Point Dater May 5, .1987 Time: , 7:00 p.m. Place: City Hali Council Chambers 155 South Second Street P. 0. Box 3576 Central Point, OR 97502 C~~ ~i3 ~T /~- rxs ~Z ~ .~~; •• `. ~ v - t -.°- '~ ~ ~. Oe.-~nl~ P.O.BQX3576_ CENTRAL POINT, OREGON 97502 PHONE664-3321 THE HEART OF THE' ROGUE RNER VALLEY CERTIFICATE OF POSTING I, /y'C21~1J'Y~P_.~ //~I7~lJ~t , .CERTIFY THAT ON THE FOLLOWING DATE, ~,D~ ~^i/ v~;, /y1~7 I POSTED A.PUBLIC NUTICE OF A / / ~/ ~+ Sr t~ ,o Ct .~ /~ yr ~ ~v.-~z. L'om ~/ oP . ~.~'~it~~r, a.~- 3 E FOR rye u b TOh P AT OR ,/ ~ NEAR 1 . ~c.>=-c., _ rF/Q-lam ~h .: SIGNATURE ,e/~~G~ _r' ,, , DATE y- .3 ~7 O ~~~i~ /T ~ 37 2W 3DD .,_' t is. n;aoe ~.iey for ine F'3tp~se :,f u~~~~,;U',- Ib Nail h~ c :~' p O11~C5 ti~"~ `t1° "pT~Cr,:! :iSSJ1T16~ '0 toClii o ~~~ i0 •. ,,.. rla L..~L.; i^ , :,i , i` a~/ ri i'::~.I~i~as aid 1 f I..V P'.i _1:~ .I.: ~ 1'!. tdni'i ~ , ~^. 7! ~ id~OrO;•.0, 011kG0iJ 502 ~~ r ~~ ~~ • ~~ ; (``o ~ X000 ~ ti 6 ~. "~/ , ~~ ~~ ~~ 1 n J~ \` ~ ~' ; 2 p~ 53 __ -- , ,.3 f ,~ `'~ - ., G~ U ~ ,L ~' ~ \ ,~~ ,- p ~ -' L °' ~ ~ :. ~ ~~~' ~~ ~~ 5~ ^,~., y , ~~ o, %, 0 0, 1 ~~ o ~~" A ~. s i v ~ ~ , ,. c ' %, i.' , , ~ F• , .t ;}'vi .!'' ~'?~~ 1, X114.'.. I~'''~'l'.~., .. . ^ ~` i (• ,O ~~ / O ~ ~~ ~'.-'~ ~'y"~ ~~ ~ `~~~~ ~~ ~~~ ~~~ -~~ ~~~ ~. 'i-~~ ~' 5 ~ . C.B. o ~-: `J-~ PAVED ~ P.4 RKING YJ 1273.5 j x . ~~ C.B. ~ 7 9.6 C.B. / C C. PAVED PARKING S C. C. r ~ \ C.B. T oC.6. 1 \ C '~ \ T.S. ~ 1271.3 \ 1~ SJ. K C.B. `J \ \ ~ C. ~ ARKING. /; i,~ X 5. C.B. ~ 4 r c c ~~. X PAVED C. '4.8 ~G - l ~ O .. -~ ~~f1 1274.5 S. -~ ~ . , C TPNK '~ -'., \\. )~ TPNK OPY` ~ \ ~. PAVED - "t /~ (rO ~,~ ~ ~ S. !'1 ARKING / ~~~ ~~ ~ ~~` ~ ~~ \ r PARKING ~K~~ F,p PAVED 1274.2 2 X \ k ~ 6' ~ \ k ~ c ~ \ C.B. _ / ~~ L P VED / /1~ ~~ y~ + 9~F * ~ / k C PARKING J \ O\?,~\ C L PAVED \ ~ / I S ~ 3 / s6 \ M.H. / / / C.B. / PAVED I '~ \ X /// Pp RKING \ ~~ 1273.5 \ ~ c.e. O /~ ~ c. y. \~ PAVED ~~ ~ PARKING 'S.0 1 * \ -~ C' PVQ~ C // C~ \ PAVED •S. I 5. 12X6.2 y. \ C. + \\\ y~~-;- .. Cob \ f O \ / / ~~,~ ~ ~ j ~~O ~ ~ ~~02 ~ lo~.~ ME.MORAND U_M ' To: Don Paul -Date: April 29, 1987 Fire Chief/Building Official ~ From: Fred .Phillips Public Works Director Re: Site Plan Review - Commercial Office Addition 36 East Pine Street My recommendation would be'to require the applicant'to sign a defer7red improvement agreement to improve his portion of the alley in accordance with Central Point Municipal Code Chapter 12.02. ---5 TAFF REPORT--- To: Planning Commission Date: May 1, 1987 From: Don Paul, Fire Chief/Building Official Re: Site Plan Review - Dan's Muffler, 900 block South Front Street, C-5 zone, 37 2W 11CB, Tax Lot 804, submitted by Bob Schipper, Contractor Contractor Bob Schipper has submitted a site plan for a muffler shop to be con- structed on the vacant lot north of Central Point Storage.` The proposed build-' ing is 2,500 square feet in floor area. Central Point Municipal Code 'Section 17.641040, G:, 3., requires parking as follows: Not less than one space for each employee on the mayor shift; two spaces for each service bay; one space per each three hundred square feet of showroom area;, and one space per .each two thousand feet of used or new vehicle sales area or other outdoor sales area. For the intended use by Dan's Muffler, the required designated spacea would be six: Fred Phillips, Public Works Director., by his memorandum marked Exhibit D has requested an updated engineering plan of the rerouted storm drain plan showing existing sewer, storm drain"or other utilities that may or may not conflict with the rerouted ditch. He also desires to see the connection of where the new additional pipes connect to the existing concrete headwalls. If the Planning Commission feels the concept of the reroute is acceptable, staff can work out the technical details prior to the start of development. As a condition of acceptance, staff recommends that the owner of the land enter into a deferred improvement agreement in accordance with Municipal Code Chapter 12.02 that would be'recorded with the land for any future formation of a local improvement district benefitting said property. Included in the Planning Commission's packet are the following exhibits: Exhibit A - Site Plan (separate document); Exhibit B - Notice of Public Meeting; Exhibit C - Certificate of Posting of Notice of Public Meeting; Exhibit D - Memorandum from Public Works Director; Exhibit E - Letter from the Highway Division, Department of Transportation; Exhibit F -,Assessor's, map page; Exhibit G - Aerial map page; Exhibit H - Drainage relocation map (separate document). DP/mat O 155 SO. SECOND~ST. P.O. BOX 3576 CENTRAL POINT, OREGON 97502 PHONE 664-3321 T1iF. IiEART OF THE ROGUE,RNER VALLEY NOTICE OF PUBLIC MEETING Notice is-.hereby given that the City of Central Point Planning. Commission will conduct a public meeting to review a site plan submitted by Dan's Muffler Center for a muffler shop to be located in the 900 block of South Front Street, Central Point.. The property is zoned C-5, Thoroughfare Commercial District,.. and further described as Jackson County. Tax Assessor's Map Page 37 2W.11CB,;.Tax Lot 804. This public meeting will be held on May 5, 1987 at 7:00 p,m. in the. City Hall,. Council Chambers, 155 South Second Street, Central Point.. Don Paul Building/Planning Department .City of Central Point Date: May 5, .1987 Time: 7:00 p.m. Place: City Hall Council Chambers 155 .South Second Street P. 0. Box 3576 Central. Point, OR 97502 ~c ,. ,•,,~~ .. 1C I~t `O / OAcr.O/ P.O. BOX 3576 CENTRAL POINT, OREGON 97502 PHONE 664-3321 THE HEART OF THE ROGUE RIVER VALLEY CERTIFICATE OF POSTING I, ~(fi, GrPPi?, /r~r~LiJ~'~ , .CERTIFY THAT ON THE FOLL04lING DATE, ~,~ i/ ~.3 1q~7 I POSTED A.PUELIC NUTICE OF A ~ G~ /~ / - • ~n~ aS~t ~n ~ ~~vr.Q /~?u~ cr s/d " 'h uo i~ t/ie ov ~/vc~ P T ^~/ Mf FOR o~ ~ r~t S~ ro ~ s t~ rri~//~feGC >~ /~r~ s / ' . ,. O ~~r r, !+ car NEAR 1. , ~~ //~~ C:G7G~ X~ '' // l~.l SIGNATURE/.~1~~/'i / -~ ~ ~• ,~ DATE ~/ ~,.~-.~ ~ ---MEMORANDUM--- To: Don Paul, Fire Chief/Building Official From: Fred Phillips, Public Works Director Date: April 24, 1987 Re: Proposed shop for Dan's Muffler Center - 900 block S. Front Street Contractor - Schipper Construction I would like the applicant to include an updated engineering plan of this re-. routed storm drain similar to John Jensen's 1/16/84 plan. I would like the update to show any existing sewer, storm or other utilities that may or may not conflict with the rerouted ditch. I would also like to see the connection of where the new additional pipes connect to the existing concrete headwalls. These features should be detailed out and I feel we should run them by the Oregon State Highway Division for review. FP/mat ,~ X .P,. h 'Ti ~. O' N\ .~l 2: ~' NEIL DOLDSOHMIDT GOVEflNOP Department of Transportation , HIGHWAY DIVISION 2692 North Pacific Highway 776-6004 Medford, Oregon 97501 April 27,.1987 City of Central Point 155 South 2nd.. P. 0. Box 3576 Central Point, Oregon 97502 SUBJECT: Site Development 900 Block Tax Lot 804 In Re01y Refer to Flle No.: We have reviewed the proposed development and foresee no conflicts with the state highway. The plan showed curbing along the front of the property, the new access onto the highway, landscaping on both sides of the highway access, and the extension of the 36" concrete culvert. Items which need to be addressed with these are as follows: 1. The highway pavement will need to be widened to meet the new face of curb. 2. All plants within the landscaping area shall not exceed 24 inches in height. ; 3. To allow for .proper drainage along the highway, the ditch will have to be piped with inlets appropriately placed and a man- hole placed at the junction of the 36" pipes in case of main- tenance needs. All work pn the highway right-of-way shall be done under permit, with the. permit specifying the details. If you should have further questions concerning this matter, please call. Sincerely, ' /Thomas Kuhlman Assistant District Maintenance Supervisor TK:clb Jl ~~/~ /T C i.' .~' ; `~ , _:y/~ ,~_; /~ ~: `~1 ~ ~: -~ a Sa lr. ~; . ~ ~_ %~ ~~ s `~~ ~ 50,0 ~ ~\. 3 /^~ \J i ' as ~ ~ N P ;,..: - ,~'- C G~ ~ ~~ ~ E3 \~~ '4 V ~~: ~_ c~6, BLK ~~ o ;. y% o =~,~' ,y .4 w~~ ,~ ~D~ 700 ' , ~; ~ .~ .. ~ c ..~ a .~ ~ `c1~5~~"~2"s4)I ,,,;' 800 ^ w. \ ~ Q S s '~ 10 ~ ~ 805 C o'~• s ~ `~ ._ \ G(U ` O c ,'. ~ ~j ~'•, .. J \, ~„° ~~ (,~~ r, FP-1480) 802 `. • ~ ~.~ , a ~ i ~\ ~ ~i. VY i /~'~ \ 5 4~ f ~ ,\ / 90 j • ~ ~1~(31tlL i 5- ~'~ \ 4,•~ (P-4173) W A/2Clj~~ 15 _- • O ~~ ~k / ~'~ ._ .•. ~o ~~ . ~G \/,. ~ S~ ~\ 1269.8 , . ' x- I}- \\ \ \\O `/~ /, ~.: r \~ / ,~ z 1280.2 6. 0 ~ sF, .~ ~~ ~i~. +~ II I \\\ C' O \ \\\ P. m.N \ \ + I M.N. x1289.6 I \\_ * ~ O \\ ~ ~ O +i ~ / .~' / ~ \ ~ ~~ 1290.9 \ \ \ i~ ] \\\\\ ~// 1 \ ~ ~ i \\ \~ // "~ ~ 1280.6 ---STAFF REPORT--- To: Planning Commission Date: April 29, 1987 From: Don Paul, Fire Chief/Building Official. Re: Final Plat - The Meadows replat of lots 29 through 37, 39, 41, 43, 45; lots 160 through 167, 169, 171, 173, and 175 submitted by-Neil Scheuneman The Meadows replat includes 23 lots along the planned unit development's pri- vate streets of Linda and Joy.Drives. The preliminary plat was recommended for approval by the Planning Commission on April 2, 1987. By Resolution No. 472, the-'City Council approved the preliminary plat subject to the full and complete compliance by the applicant or his heirs, successors or assigns with the fo1- lowing conditions within the time specified for such compliance: (1) The entire record of the City of Central Point with reference to the within planned unit development application is hereby adopted by reference and made a part of, and conditions of, the within planned unit development appro- val. Said record shall include, but. not be limited to, the following: (a) Applicant's Application for"Approval of a Planned Unit Devlop- ment dated April 20, 1986. (b) Bylaws of The Meadows Community Homeowners' Association, Inc. (c) Declaration of Protective Covenants, Conditions and Restrictions for The Meadows Community, a Planned Unit Development. (d) Statement of Planned Community Information Pursuant to ORS 94.750, including forms "Documents to be Delivered to Purchaser as Required by Oregon Planned Community Act" and "Statement of Planned Community Information Pursuant to ORS 94.750." (e) Statement of Declarant's Interest Pursuant to ORS 94.745. (f) Reserve Account Replacement Estimates. (g) Landscape and Drainage. Guarantee Agreement. (h) The Meadows Site Plan and Phasing Plan, sheets 1-22 and the replat thereof dated March"1987. (i) The Meadows Recreational Vehicle Storage/Parking. (j) The Meadows Proposed Outdoor Recreation Area. (k) The Meadows Proposed Recreation Yard Area. /~ Staff Report - Meadows .Final Plat April 29', 1987 Page 2 (1) The Meadow's Landscape Irrigation and Path Systems. (m) Planned. Unit Development Subdivision Final Plat. (2) Overall Concept: Lots in said .planned. unit development shall be available'by rent, lease or sale to owner, in fee simple.:. (3) Coordination with Adjacent Development and Access: Access to the within planned unit development shall be provided by two or more additional routes at such time as adjacent development to the south, not included in the within planned unit development, is developed. Streets which have been stubbed to the south shall remain closed until such time as development to the south occurs.. Coordination of any development of said adjacent areas shall be by the. City and. such developers at the time of development. .The City reserves the right to require the within planned unit development to provide emergency access to future developments adjacent hereto, and may require alignment with access points within the present planned unit development as the .City deems necessary or appropriate. (4) Visitor Parking: Each lot shall include at least. two ofd-street parking spaces and the street shall have a width of forty (40) feet allowing for on-street parking on both sides. (5) Types of Homes Permitted: Either conventional or manufactured homes shall be allowed, provided that setback requirements for conventional homes shall be five feet per building story. (6) Design Requirements: All. construction upon lots within said planned unit development shall comply with the documents contained in the City's. record of said application as enumerated in paragraph (1) hereinabove. (7) Landscaping: All landscaping shall be completed prior to August of 1989 or upon occupancy of 150 lots, whichever occurs first, and in addition to any other rights provided hereby, the City shall have the right to pursue its rights under the "Landscape and Drainage Guarantee Agreement" contained in the City's record hereof. The landscaping adjacent to Interstate Highway 5 shall be completed no later than June 22, 1987. Applicant shall prepare and submit to the City a list of tree types most appropriate for placement in the front yard areas of the within planned unit development as required in the covenants. (8) Playground: 'A playground shall be completed upon the occupancy of three lots surrounding and contiguous to the playground, and shall be sur- rounded by a three-foot high chain link fence at the time of completion. (9) R.V. Parking Area: A temporary recreational vehicle storage area shall be allowed until'125 lots have been occupied, at which time the R.V. storage area shall be moved to the extreme east end of the development adjacent to Interstate Highway 5. (10) Homeowners' Association Fees: Funds shall be established and'main- tained in accordance with the Covenants, Conditions and Restrictions, Bylaws and other documents which form a part of the City's record herein. /S Staff Report - Meadows Final Plat April 29, 1987 Page 3 (11) Lot Line Adjustments: No lot line adjustments shall be permitted which result in lots smaller than the original lots approved by this planned unit development approval. ,(12) Homeowners' Association Fees: Applicsnt shall require that Far West Bank, as a principal interest holder in said property, shall contribute its prorata share of Homeownera'.Association fees for each vacant lot until such time as said lots 'sell, and in the event of the failure by said Far West Bank to so contribute, applicant shall be responsible therefor. (13) Recreation Facilities: The bike path/jogging trail shall be com- pleted within thirty (30) days after occupation of 110 lots of the within development, and the tennis court and recreational facilities shall be com- pleted within thirty (30) days after occupation of 140 lots of the within development. (14) Notice Requirements: Applicant shall take such steps as are neces- sary to record the foregoing conditions with the Jackson County Clerk and Recorder in order that all prospective purchasers of lots within said planned unit development shall be given notice of the requirements hereof 'and the remedies available to the City in the event of applicant's failure to comply with any such conditions. As stated throughout the preliminary plat process, the purpose of .the replat is to create larger lots for the `siting of larger homes. All improvements are in place with the exception of those stated as conditions in Resolution No: 472. The Planning Commission is asked to review the final plat for compliance with the preliminary plat and further make a recommendation to the City Council con- cerning the signing of the same. A'motion recommending approval should be sub- ject to the payment of all applicable fees by the applicant and the expedient receipt of .signatures and recordation prior to submission of the mylar to the City. Exhiblts included in the Planning Commission's packet are as follows: Exhibit A - Preliminary plat (separate document); Exhibit B - Final plat (separate document); Exhibit C - City Council Resolution No. 472. DP/mat •. // RESOLUTION N0. 472 RESOLUTION APPROVING PLANNED UNIT DEVELOPMENT REPEAT APPLICATION FOR "THE MEADOWS'.' P.U.D. LOCATED AT 555 FREEMAN ROAD (NEIL SCHEUNEMAN, APPLICANT) WHEREAS, applicant Neil Scheuneman has represented to the City that he is the owner and developer of the property known as "The Meadows" at 555 Freeman Road, and. previously ,the subject of an application as a planned unit develop- ment, and said applicant has applied for a replat Within said planned-unit development in the form of modifications to the original approval thereof, and WHEREAS, The Planning Commission having on the seventh day of April, 1987, by Planning Commission Resolution No. 123 recommended approval thereof with conditions as set forth hereinafter, and WHEREAS, a public hearing was held before the-City Council on the 16th day of April, 1987, at the regularly scheduled Council .meeting,. following compli- ance with the notice requirements of Municipal Code Section 1.24.060, the evidence of said compliance being part. of the record herein, and he Council having at said public hearing received reports and exhibits relating thereto into the record and having provided an opportunity, for test~.mony from propo- nents,and opponents of said application, and having made findings, and determin- ations of fact, and that said application should be approved subject to the conditions set forth hereinafter; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTRAL POINT, OREGON,, AS FOLLOWS: Section 1. The Council hereby finds and determines that said application for a planned-unit-development (partial replat) complies with the requirements of Municipal .Code Section 17.68.110, and-hereby adopts as its findings of fact those proposed findings of fact set forth in .the."Application for Approval of a Planned. Unit Development" dated April 20, 1986 and apart of the record hereof ._ Section 2. The Council hereby approves said application for a planned unit development (partial replat), subject to ,the full and complete compliance by applicant or his heirs, successors or assigns with the following conditions within the time specified for such compliance: (1) .The entire record of_the City of Central Point with reference to .the within planned unit development application. is hereby adopted by reference and made a part of, and conditions of, the within planned unit development appro- .- val. Said record shall include, but not be limited to, the following: (a) Applicant's Application for Approval of a Planned Unit Devlop- ment dated April 20, 1986.. (b) Bylaws o.f The Meadows Community Homeowners` Association, Inc. (c) Declaration of Protective Covenants, Conditions and Restrictions for The~Meadows Community, a Planned Unit Development. (d) Statement. of Planned Community Information,Pursuant to ORS 94.750, including forms."Documents to be Delivered to Purchaser as Required by ~~ COUNCIL RESOLUTION N0. 472 - Page i Oregon Planned Community Act" and "Statement bf Planned Community Information Pursuant'to ORS 94.750." (e) Statement of Declatant's'Interest`Putsuant to ORS 94.745. (f) Reserve Account Replacement Estimates. (g) Landscape and Drainage Guarantee Agreement. '{h) 'The Meadows Site Plan and Phasing Plan, sheets 1-22 and the replat thereof dated March 1987. (i) The Meadows Recreational Vehicle Storage/Parking, (j) The Meadows Proposed-Outdoor Recreation Area. (k) The Meadows Proposed Recreation Yard Area. (1) The'Meado~s Landscape Irrigation and Path Systems. (m) Planned Unit Development Subdivision Final Plat. (2) Oderall Concept: Lots in said planned unit development shall be ' available by'rent, lease or sale to owner in fee simple. (3) Coordination with Adjacent Development and Access: Access to-the within planned unit development shall be provided by two or more additional routes'at'such'tme as'adjacent development to the south, not included in the within planned unit development, is developed. Streets which have been stubbed to the south shall remain closed until such time as development to the south occurs. Coordination~of any development of said adjacent areas shall be by the City and such developers at the time of development. The City reserves the right to require tha within planned unit development to provide emergency' access to future developments adjacent hereto, and may require alignment with access points within the present planned unit development as the City deems necessary or appropriate. (4) Visitor 'Parking: Each lot shall include at least two off-street parking 'spaces and the street shall have a width of forty (40) feet allowing for on-street parking on both sides.' (5) Types of Homes Permitted: Either conventional or manufactured homes shall be allowed, provided that setback requirements for conventional homes shall'be'five feet par building story., (6) Design Requirements: All construction upon lots within said planned unit development shall comply with the documents contained in the City's record of said application as enumerated in paragraph (1) hereinabove, . (7) Landscaping:' All landscaping shall be completed prior to August of 1989. or upon occupancy, of 150 lots, whichever occurs first, and in addition to any other rights provlded hereby,'tihe City shall have the right to pursue its rights undef the "Landscape and Drainage Guarantee Agreement" contained in the City's record hereof. The landscaping adjacent to Interstate Highway 5 shall be completed no later tfian June 32, 1987. Applicant shall prepare and submit COUNCIL RESOLUTION N0: 472 - Page 2 to the City a list of tree types most appropriate `f or placement in the front yard areas of the within planned unit development as required in the covenants. (8) Playground:~ A playground shall be completed upon the occupancy bf three lots surrounding and. contiguous Eo the playground, and shall be'sur- ' rounded by'a:three-foot high chain link fence at the time of completion. (9) R.V. Parking Area: A temporary recreational vehicle storage area shall be allowed until 125 lots have been occupied, at which time the R.V. storage area shall be moved to the extreme east end of the development adjacent to Interstate ,Highway 5. (10) Homeowners' Association Fees: Funds shall be established and main- tained in accordance with the Covenants, Conditions and Restrictions, Bylaws and other documents which form a part of the City's record herein. (11) Lot Line Adjustments: No lot line adjustments shall be permitted which result in lots smaller than the original lots approved by this planned unit development approval. (12) Homeowners' Association Fees: Applicant shall require that Far West Bank, as a principal. interest holder in said property, shall contribute Yts prorata share of Homeowners' Association fees for each vacant lot until such time as said lots sell, and in the event of the failure by said Fay West Bank to so contribute, applicant shall be responsible therefor. (13) Recreation Facilities: The bike path/jogging trail shall be com- pleted within thirty {30) days after occupation of 110 lots of the within development, and the tennis court and recreational facilities shall be com- pleted within thirty (30) days after occupation of 140 lots of the within development. (14) Notice Requirements: Applicant shall take such steps as are neces- sary to record the foregoing conditions with the Jackson County Clerk and Recorder in order that all prospective purchasers of lots within said planned unit development shall be given notice of the requirements hereof and the remedies available to the City in the event of applicant's failure to comply with any such conditions. Section 3. In the event of the failure by applicant or his heirs, succes- sors or assigns to comply with any of the foregoing terms or conditions of the within planned unit development (replat) approval, the City shall have, in addition to any other remedies available, the right to: (1) Undertake proceedings for the revocation of the planned unit develop- ment permit in compliance with Municipal Code Section 17.68.230. (2) Prohibit any further sale of lots within the planned unit development. (3) Refuse to issue any. mobile home site permits for lots within the planned unit development. (4) Refuse to issue any building permits for lots within the planned unit development. ~~ COUNCIL RESOLUTION NO.. 472 - Page 3 (5) Refuse to issue. any certificates of~occupancy for. lots within the planned 'unit development. (6) Bring, such legal proceedings•as.may be necessary or appropriate to enforce compliance with the. terms and conditions set forth heiein. Passed'by the Council and signed by me 'in authentication of its passage this 17th day of April , 1987.. 7~, Mayor ATTEST: ~~ City Repre tive Approved by me this 17th day of April ,..1987. ~- i. ~_ , Mayor /,/ ~~ COUNCIL RESOLUTIgN N0. 472 -Page 4