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Planning Commission Minutes March 23. 1999 Page 1 9 . the home owned by Vern Spechts, and also the drainage pond across the street from him. There being no further public comment, Chair Cote closed the public hearing. Terry Maurer indicated that staff has met with the developer regarding the sidewalk and the issue will be resolved during this year's construction season. He explained that the developer has completed the pond work which was referred to earlier, noting that there was no requirement that the pond hold water. Terry stated that he was not aware of the drainage issue referred to by Mr. Kovach and he will discuss the issue with staff. Discussion followed regarding the landscaping of the median and eyebrow cui de sacs. It was the consensus of the Commissioners to revise condition No. 10. COMMISSIONER THOMPSON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY PHOENIX ENTERPRISES FOR REZONING CERTAIN PROPERTY FROM R1E (SINGLE FAMILY RESIDENTIAL) TO PUD (PLANNED UNIT DEVELOPMENT), PUBLIC HEARING CASE NO. ZC 98-7, BASED ON THE FOLLOWING FINDINGS: 1. A PLANNED UNIT DEVELOPMENT ALLOWS A COMPREHENSIVE REVIEW OF DEVELOPING THE PROPERTY. 2. THE PROPOSED REZONING WILL BE CONSISTENT WITH THE CITY'S COMPREHENSIVE PLAN. . 3. A PLANNED UNIT DEVELOPMENT ALLOWS FOR FLEXIBILITY IN SUBDIVISION DESIGN. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER THOMPSON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY PHOENIX ENTERPRISES FOR PRELIMINARY PLAT APPROVAL OF HILLSIDE ESTATES 9TH ADDITION, PUBLIC HEARING CASE NO. P 98-5, AND CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 98-21, WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED AND EXECUTERD PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. A PLANNED UNIT DEVELOPMENT AGREEMENT IS PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 3. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS. . 4. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR A ONE YEAR PERIOD.