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09-28-2005 Council Agenda
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09-28-2005 Council Agenda
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• 1005.030 6) The dedication of easements does not include the <br />required language. <br />Commentary: The required language has been provided. <br />• 1005.030 (k) The dedication of streets for public use does not include <br />the required statement. <br />Commentary: The required language has been provided. <br />• 1006.020 (g) Given substantial grade changes made to existing <br />topography and to that which was proposed on the preliminary plat as well <br />as the addition of substantial retaining walls, there is no due regard for all <br />natural features such as topography, tree growth, water courses, historic <br />spots or similar conditions which if preserved will add attractiveness and <br />stability to the proposed development. <br />Commentary: The revised final plat is more consistent with the preliminary plat <br />and with the discussions from staff meeting with developer on 9/1/05. <br />• 1006.010 (h) <br />Outlot Cis still shown as a lot remnant. <br />Commentary: This issue still remains. The association documents state that the <br />outlots are owned by the association. In past discussions with the developer, the <br />most recent being 9/1/05, staff made it clear that each property owner within The <br />Preserve should own an "equal and undivided interest" in all of the outlots to <br />ensure payments property taxes and future maintenance of these areas including <br />the acceptance of the responsibility for costs. Another hindrance is the proposed <br />association expires in 30 years. <br />• 1006.030 (p) The 50 foot road right - of-way is not provided due to the <br />fact that it is encumbered by the Williams Pipeline easement. This is also <br />contrary to Little Canada City Code Chapter 2302 entitled <br />Telecommunications". <br />Commentary: This issue now appears to be resolved based upon the developer's <br />representation that Magellan (Williams) will vacate 10 feet of their easement to <br />achieve an unencumbered right -of -way. (See Attachment C — Letter from <br />Magellan). Therefore, the location of the road will remain as originally <br />proposed, but our right -of -way will no longer be encumbered by the pipeline <br />easement. <br />• 1006.050 (a) Plat does not conform to the natural limitations <br />presented by topography and soil so as to create the least potential for soil <br />erosion. <br />Commentary: The revised final plat is more consistent with the preliminary plat <br />and with the discussions from staff meeting with developer on 9/1/05. Retaining <br />
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