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i <br />• <br />AGENDA ITEM 7 A <br />STAFF ORIGINATOR: Jeff Smyser <br />C. C. MEETING DATE: July 9, 2001 <br />TOPIC: FIRST READING: Ordinance 09 -01 <br />Comprehensive Plan Amendment: MUSA Allocation <br />FIRST READING: Ordinance 10 -01 <br />Rezoning <br />Resolution 01 -77: Preliminary Plat <br />Saddle Club, Old Birch St. <br />ACTION REQUIRED: 4/5 vote on Ordinance 09 -01 <br />4/5 vote on Ordinance 10 -01 <br />3/5 vote on Resolution 01 -77 <br />BACKGROUND <br />This application was originally scheduled for the June 11 City Council meeting, then the <br />• applicant agreed to postpone it to the June 25 meeting. At the June 25 meeting, the City <br />Council tabled it, with the applicant's agreement, to the July 9 meeting. Members of the <br />Council listed a number of issues for which they requested more information. These <br />issues were listed in the letter to Heritage Development of June 27 (copies were <br />forwarded to the City Council). <br />• <br />The following report addresses those issues. It also clarifies the Environmental Board <br />recommendation and includes a park dedication breakdown. The original June 11 report <br />from NAC analyzing the project is attached. <br />Issues Listed At the June 25 Meeting <br />1. Ownership of land to provide for the access roads on both sides of the project. <br />Heritage Development has stated that they have purchased the land for the eastern <br />access connecting to Kildeer Drive. <br />They stated they have come to agreement with the property owner for the western <br />access to Old Birch St. and are waiting for that firm's processing of the transaction. It <br />is the developer's responsibility to complete this transaction. The proposed <br />Resolution 01 -77 approving the preliminary plat includes a condition of approval that <br />requires acquisition of the right of way before the final plat is recorded. We could <br />tighten that up to require that the acquisition be completed prior to a development <br />