Fiscal Note
No appropriation required.
Title
Approving a request to amend a condition of approval for the Birchwood Point subdivision at 10203 Mineral Point Road; 9th Ald. Dist.
Body
WHEREAS on November 4, 2013 the Plan Commission found the standards and criteria met and recommended adoption of a zoning map amendment, preliminary plat and final plat for the Birchwood Point subdivision on land addressed as 10203 Mineral Point Road; 9th Ald. Dist. to the Common Council subject to conditions contained in the Plan Commission's meeting materials; and
WHEREAS on November 19, 2013, the Common Council adopted Resolution 13-00860 (ID 31307) approving the preliminary plat and final plat of Birchwood Point and Ordinance (ID 31427) assigning TR-U1 (Traditional Residential-Urban 1 District) and TR-C3 (Traditional Residential-Consistent 3 District subject to conditions to be met prior to the recording of the plat; and
WHEREAS one of the conditions of approval required that the applicant, MRCEV Acquisitions, LLC/ Veridian Homes, execute a Land Use Restriction Agreement (LURA) benefitting the City, which prohibits the further subdivision of the 230 single-family lots (Lots 2-231) in the Birchwood Point plat, the form of said LURA to be approved by the City, executed by the applicant prior to final approval and recording of the Birchwood Point plat, and recorded with the Dane County Register of Deeds immediately following recording of the final plat.
WHEREAS on January 9, 2014, the applicant submitted a letter to Katherine Cornwell, Director of the Planning Division requesting removal of the LURA for the reasons stated in the letter;
NOW THEREFORE BE IT RESOLVED that the Common Council modifies or releases the requirement for the applicant/ developer of the Birchwood Point subdivision at 10203 Mineral Point Road execute a Land Use Restriction Agreement (LURA) benefitting the City, which prohibits the further subdivision of the 230 single-family lots shown on the final pl...
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