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1 <br />1 <br />1 <br />4 <br />COUNCIL MEETING AUGUST 22, 1994 <br />approved by Rice Creek Watershed District. <br />8. Submission of development bylaws and deed covenants that <br />outline airport protection, home sizes, etc. <br />9. Submission of detailed landscape and tree preservation plans <br />that address screening at the periphery of the plat and <br />reduces the visual impact of the subdivision from adjacent <br />properties and the County road. <br />10. Compliance with Park Board recommendation with regard to <br />area park needs. <br />11. Development contract that outlines the terms of the <br />subdivision developments and includes financial securities <br />that insure performance. <br />Mr. Brixius explained that upon review and discussion of the <br />above 11 items there was a recommendation to approve the rezoning <br />request. The vote was split, three (3) to approve and three (3) <br />to deny. Mr. Gelbmann was not present at this particular <br />Planning and Zoning Board meeting. The rezoning request now is <br />before the City Council for a decision. Mr. Brixius explained <br />that Mr. Uhde wishes to make a presentation prior to the City <br />Council action. <br />Mr. Brixius noted that this is a logical growth area and with the <br />expansion of MUSA would be an appropriate place for urban <br />development. The area generally fits the guidelines of the <br />Comprehensive Land Use Plan policies and the infill policies. <br />Mayor Reinert asked Mr. Hawkins if a board or commission votes on <br />a proposal and the vote is a tie vote, it is not considered <br />passed. Mr. Hawkins said that this is correct. The matter comes <br />to the City Council with no recommendation. <br />Mayor Reinert asked what assurances would there be that a phasing <br />plan would be adhered too. Mr. Brixius explained that a <br />development contract will be prepared outlining the terms of the <br />phasing plan. The language will either contain a specific date <br />or the completion of a certain percentage of homes. There will <br />have to be some allowance for the builder to prepare marketing <br />plans for each phase. Mayor Reinert explained that this <br />requirement will help the City in its plan for a level annual <br />development to avoid the peaks and valleys of home building <br />construction. He noted that this requirement will also relieve <br />some concern in the neighborhood regarding building a large <br />number of homes all at once creating a very significant change in <br />the neighborhood. <br />PAGE 7 <br />