04/12/1999 Council Minutes - Laserfiche WebLink

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• • • COUNCIL MINUTES APRIL 12, 1999 Comprehensive Plan amendment including MUSA amendment, rezoning from Rural and Rural - X to Planned Development Overlay (PDO) for single family residential use, and approval of the preliminary development plan for the PDO. Mr. Smyser advised this item is continued from the March 22, 1999, Council meeting. At that time, Council Members had several questions about the open space. There are several options which include the following: 1. Homeowners association owns the open space except the trail corridor. Deed restrictions to address open space protection. A management plan for the open space is part of the homeowners association by-laws. 2. Homeowners association owns the open space except the trail corridor. The City holds an easement over the open space that restricts activity in the open„space and gives enforcement authority to the City. Monitoring of the easement aro is thFe responsibility of the City. A management plan for the open space is part of the hieownrs association by-laws. 3. City owns all the open space. City is responsible fb an gem t of open space. In discussing the phasing of the development, Mr. Quigly has'ttticated he wants to construct roads and utilities in an area large enough to include the park and much of the trail system in the first phase. This would be the western portion, about 1351ots. The second phase would be the northeast portion. The last phase would be the outheast portion. Staff recommended approval of PDO, and the PDO pr Planning and Zoning mprhensive Plan Amendment, rezone from R and R -X to elopment plan, with conditions, as recommended by the Mr. Smyser sug1g s t the following be added for conditions of approval: 1. Approval of preliminary plan is not a guarantee of MUSA allocation. 2. A phasing schedule be written into the development agreement. Mr. Smyser distributed a memo which summarizes the key points in protecting the open space in Preservation Development. Mayor Sullivan asked the City Attorney to comment on the homeowners association contract. Mr. Hawkins stated a homeowners contract has been used in the past as a vehicle to manage certain areas. Open space may be viewed as an amenity to the development which results in better care being taken of the areas. There is always the risk of the homeowners association not wanting to maintain the open spaces. It is possible the open spaces could become City property. Provisions and language in the agreement can be included to make the homeowners association 5