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(5) The proposed subdivision will not cause substantial environmental <br />damage. <br />(6) The proposed subdivision will not conflict with easements of record or <br />with easements established by judgment of a court. <br />(7) The proposed subdivision will not have an undue and adverse impact on <br />the reasonable development of neighboring land. <br />(8) The proposed subdivision is not premature. A subdivision is premature if <br />any of the following exists: <br />a. Lack of adequate stormwater drainage. <br />b. Lack of adequate roads. <br />c. Lack of adequate sanitary sewer systems. <br />d. Lack of adequate off-site public improvements or support systems. <br /> <br />6. The City Council directed preparation of a resolution of denial on the grounds that <br />the application does not satisfy finding number six. <br />(6) The proposed subdivision will not conflict with easements of record or <br />with easements established by judgment of a court. <br /> <br />7. The City Council Finds that finding number six for approval of the plat of Hilltop <br />Woods Estates Second Addition has not been met because: <br />a. The plat would conflict with an easement of record. Specifically, section 6, <br />paragraph (01), of the Agreement which states “No more lots will be <br />allowed on Victoria Drive until and unless a connection to the City street <br />system is made to the north so that Victoria Drive is no longer a dead end <br />street.” <br />b. An extension of Victoria Drive is not proposed and Victoria Drive would <br />remain a dead-end street. <br />c. The Agreement creates a negative restrictive easement on all of the lots <br />created by the 1993 subdivision and, as such, is a conflicting easement of <br />record. <br />d. Paragraph 7, section (02), states that the Agreement is a covenant and <br />shall be binding upon, and inure to the benefit of the heirs, <br />representatives, successors, and assigns. <br />e. The covenants and restrictions of the Agreement remain binding, <br />including the restriction noted in Section 6, Paragraph (01), prohibiting <br />approval of additional subdivisions within Hilltop Woods Estates until <br />Victoria Drive is extended, and is no longer a dead-end cul-de-sac. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />