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of the 11 -lot subdivision because of the of the cul-de-sac extension, violation of the cluster ordinance <br />criteria, and the existence of the Development Agreement. The city attorney's comments from that <br />meeting also note that the Development Agreement does not obligate the city to deny the plat. The <br />applicant for the project discussed during that meeting withdrew the application and there is no City <br />Council action for the request. <br />The current application is to split the property into two lots without extending the cul-de-sac. Right-of- <br />way will be dedicated to provide access for future development, but the city has not recommended <br />construction of the road. In light of the new information, staff has determined that the current request <br />cannot be denied for violating the maximum cul-de-sac length as the current length was approved with a <br />variance, and the proposed plat does not extend the road to service the one (1) additional lot as access is <br />provided from the existing road surface. Staff reviewed the conditions for approval of the plat, and <br />continues to maintain a recommendation to approve the plat as all standards for approval of the plat <br />appear to be satisfied. <br />The applicant has also attempted to hire a land use attorney to review the Development Agreement, but <br />has had trouble finding an attorney on short notice. She has requested additional time to allow her to hire <br />an attorney for the review — request attached. <br />Park and Recreation Commission <br />The Park and Rec Commission reviewed the request on June 12, 2019, and recommends park dedication <br />be paid for one (1) lot. <br />Financial Impact <br />None <br />Statutory Review Period <br />Per State Statute, the required 120 -day review period for the plat ends on September 13, 2019, and the 60 - <br />day review period for the easement vacation ends on July 15, 2019. The review period for the easement <br />vacation may be extended to reflect the 120 -day review period for the plat. <br />Attachments <br />■ City Council Packet dated June 3, 2019 <br />■ Planning Commission Packet and Minutes dated March 23, 1993 <br />■ City Council Packet and Minutes dated May 17, 1993 <br />■ Development Agreement dated July 13, 1993 <br />■ Planning Commission Staff Report and Minutes dated July 24, 2001 <br />■ Plat of Hilltop Woods Second Addition <br />■ Applicant's Request to postpone action dated June 12, 2019 <br />N:APublic Bodies\Agenda Packets\06-17-2019\Final\8.2 sr Hilltop Woods.docx <br />