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HomeMy WebLinkAboutCouncil Resolution 472RESOLUTION 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 the Council having at said public hearing received reports and exhibits relating thereto into the record and having provided an opportunity for testimony 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 a part 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 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 COUNCIL RESOLUTION N0. 472 - page 1 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. (1) The Meadows 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 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 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 COUNCIL RESOLUTION N0. 472 - Page 2 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. (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 its 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 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 coith 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 cJith 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 N0. 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 herein. Passed by the Council and signed by me in authentication of its passage this 17th day of April 1987. ATTEST: ~e . Y City Repre - tive ~'_ -_, :, _ ji --~ y Mayor Approved by me this 17th day of April 1987. Mayor ~/ ~' COUNCIL RESOLUTION N0. 472 - Page 4