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Mr. Swift stated this matter can be placed as an item on the agenda with staff report and recommendations; a decision can be made regarding the recom- mendations; then the issue would have to be set for public hearing by Planning Commission and then City Council. After discussion, Mayor Mercer instructed staff to place this matter on the agenda of June 2, 1987. He directed staff to send an ordinance to each of the affected recreational vehicle owners that were cited, and also to sent them a copy of the agenda and staff report before the meeting of June 2, 1987. --- PUBLIC HEARINGS AP-87-8, Appeal of the Planning Commission decision in denying UP-87-5, Ap- plication of Ridgewood Construction Company for a conditional use permit to establish a model homes complex, to be located at the intersection of E1 Capi- tal Drive and Whitney Drive. Zoning for the property is PUD (Planned Unit Development)-High Density Residential District Mr. Swift presented his report (SR 87:212) dated May 5, 1987, regarding this matter. Mayor Mercer declared the public hearing open on this item. CC) Mr. Ken Earp, representing Ridgewood Construction Company, stated he generally agrees with the staff report. Mr. Earp stated he agrees to all the ~ conditions except Staff Condition No. 7 relative to a lighting plan; he stated · '1 there is a street light at this location and there is no one around at night. ') Mr. Swift advised that probably would be sufficient. He stated he has met the [] conditions associated with the Dr. Porter property adjacent to his development .:::[: to the best of his ability. Mr. George Ward, 4941S.W. 26th Drive, Portland, Oregon, presented a vicinity map showing the trespass of their property located immediately to the east of the subject development. He also presented photographs showing the parking lot in question. He submitted a written statement to Council stating his opposition to the appeal. Attached to the statement were copies of Agree- ment to Abandon Easements signed by Dr. Porter and Ken Earp setting Ridge- -~ wood's Lot 29 aside for sewage disposal purposes, as well as undated Grant Deed. He stated it is his opinion that the terms of that agreement are still in effect and will remain in effect until such time as all conditions of the agreement are honored by Ridgewood Construction Company. He stated that to date Ridgewood has failed to meet even one single condition of the numerous promises contained in the mutual agreement signed by all concerned. He stated he talked to the County this date and no permits had been paid for by Mr. Earp. He stated the property formerly owned by Dr. Porter, and now owned by himself and Mrs. Ward, cannot be occupied until all water and sewer conditions are met. Mr. Swift stated that Staff Condition No. 11 could be amended to read: "That the required sewer and water connections fees for the Ward property ser- vices shall be paid to the City and improvements completed prior to the open- ing of the model homes/sales office complex, and that the County as well as the City inspect the improvements" and that Condition No. 10 be amended to include "That the leach lines need to be abandoned at the time of development of Lot 29 of the Subdivision". Mr. Earp stated he felt he had completed everything agreed to in the agreement. He stated the improvements have been completed to the property - 8 - 5-5-87