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Mr. John Thatch, of the architectural firm of Doug Dahlin and Associates, <br /> representing James Price, stated he agreed with the staff report. He stated he <br /> felt certain the developer would agree to removal of the old fence and dead trees <br /> and construction of a new fence. He advised that a berm and trees would be added <br /> around the pool area to create an additional buffer. <br /> <br /> Mmyor Mercer asked Mr. Thatch if he could assure Council that Mr. Price would <br />be agreeable to the construction of a new fence, or would Mr. Thatch rather con- <br />tinue the item until Mr. Price could attend the public hearing. Mr. Thatch stated <br />he was sure Mr. Price would be agreeable to building the fence and he did not want <br />to continue the public hearing. The City Attorney advised that approval of this <br />item would be the introduction of an ordinance with a second reading and adoption <br />at the City Council meeting of September 16, 1980. <br /> <br /> Mr. Robert Buell, 5328 Ridgevale, stated that when he bought his property a <br />year ago he was told this area would be single-family. Mayor Mercer advised that <br />this area had always been zoned multiple. Mr. Buell stated he had concerns about <br />increased traffic on Black Avenue created by this development. <br /> <br /> Ms. Verna Malinski, Ridgevale Way, stated that almost all homes backing up to <br />this property had swimming pools and she felt a new fence should be constructed for <br />the protection of the homeowners in this area. <br /> <br /> There being no further testimony, Mayor Mercer declared the public hearing <br />closed on the application and the negative declaration. <br /> <br /> It was moved.by Mayor Mercer, and seconded by Councilmember Butler, that Resolu- <br />tion No. 80-219, determining on the basis of a review of initial environmental study <br />done for this project, that no significant environmental impact would occur as out- <br />lined in the City's guidelines and that a Negative Declaration is appropriate to <br />rezone from RM-4000 (Multiple-Residential) District to the PUD (Planned Unit Develop- <br />ment) District a 3.2 acre site located on the north side of Black Avenue between <br />Harvest Road and Crestline Road, and for development plan for a 34-unit condominium <br />complex proposed to be built at this location, be adopted. <br />The roll call vote was as follows: <br />AYES: Councilmembers Butler, Kephart, Mohr, Wood, and Mayor Mercer <br />NOES: None <br />ABS~: None <br /> <br /> After discussion, it was moved by Councilmember Wood, and seconded by Council- <br />member Butler, that Ordinance No. 941, to be read by title only and waiving further <br />reading thereof, approving the application of James Price Development Company to <br />rezone from [M-4000 (Multiple-Residential) District to the PUD (Planned Unit <br />Developme~t) District a 3.2 acre site located on the north side of Black Avenue <br />between Harvest Road and Crestline Road and for development plan for a 34-unit <br />condominium complex proposed to be built at this location, subject to all condi- <br />tions of Planning Commission Resolution No. 1900, and with the following added <br />conditions: <br /> <br />32. That the developer shall remove the existing fences along the northern property <br /> line and replace them with a 6' or 7' masonry wall similar to the one constructed <br /> by Morrison Homes on the property immediately to the west; if permission for <br /> removal of the existing fences cannot be secured from all property owners, the <br /> masonry wall shall be constructed as close as possible to the existing fences~ <br /> <br /> 5. 8/26/80 <br /> <br /> <br />