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COUNCIL MINUTES APRIL 12, 1999 <br /> Comprehensive Plan amendment including MUSA amendment, rezoning from Rural and Rural- <br /> X to Planned Development Overlay(PDO) for single family residential use, and approval of the <br /> preliminary development plan for the PDO. <br /> Mr. Smyser advised this item is continued from the March 22, 1999, Council meeting. At that <br /> time, Council Members had several questions about the open space. There are several options <br /> which include the following: <br /> 1. Homeowners association owns the open space except the trail corridor. Deed <br /> restrictions to address open space protection. A management plan for the open space is <br /> part of the homeowners association by-laws. <br /> 2. Homeowners association owns the open space except the trail corridor. The City <br /> holds an easement over the open space that restricts activity in the open pace and gives <br /> enforcement authority to the City. Monitoring of the easements responsibility <br /> of the City. A management plan for the open space is part of A- eo s association <br /> by-laws. <br /> 3. City owns all the open space. City is respon e f t of open space. <br /> In discussing the phasing of the development, Mr Qiiigly has indicated he wants to construct <br /> n roads and utilities in an area large enough to tne�tde the� rk and much of the trail system in the <br /> first phase. This would be the western pnrh abut13 lots. The second phase would be the <br /> z mg <br /> northeast portion. The last phase, utlieast portion. <br /> 31 <br /> Staff recommended approval mp ensive Plan Amendment, rezone from R and R-X to <br /> PDO, and the PDO p i welopment plan, with conditions, as recommended by the <br /> Planning and Zoning <br /> Mr. Smyser sugges ie allowing be added for conditions of approval: <br /> A <br /> 1. Approl of preliminary plan is not a guarantee of MUSA allocation. <br /> 2. A phasing schedule be written into the development agreement. <br /> Mr. Smyser distributed a memo which summarizes the key points in protecting the open space in <br /> Preservation Development. <br /> Mayor Sullivan asked the City Attorney to comment on the homeowners association contract. <br /> Mr. Hawkins stated a homeowners contract has been used in the past as a vehicle to manage <br /> certain areas. Open space may be viewed as an amenity to the development which results in <br /> better care being taken of the areas. There is always the risk of the homeowners association not <br /> wanting to maintain the open spaces. It is possible the open spaces could become City property. <br /> Provisions and language in the agreement can be included to make the homeowners association <br /> 5 <br />