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There were no more speakers under "Meeting Open to the Public." <br /> <br />6. PUBLIC HEARINGS AND OTHER MATTERS <br /> <br />Item 6a <br />Request of Ponderosa }lomes to allow the use of Affordable }lousing Credlts in <br /> <br />connection with the 172-unit senior apartment development approved on the Busch <br />property. (SR 03:234) <br /> <br />At the request of staff, this item was continued to the October 21, 2003 meeting. <br /> <br />Item 6b <br />PUD-01-3M~ Mardell LCC. (SR 03:287) <br /> <br /> Councilmember Brozosky recused himself from participating on this issue <br />because he owns property within 500 feet of the development. <br /> <br />Brian Swift presented the staffreport. <br /> <br /> Councilmember Campbell inquired if there were any problems or lingering <br />questions with the easement. <br /> <br /> Mr. Roush stated that the issue related to the conservation easement is being <br />handled with respect to the way the transaction, as we understand it, will occur. The <br />Hahners will sell the parcel that is to be encumbered by the conservation easement to <br />Mardell, and after that sale occurs, the conservation easement will be recorded on that <br />parcel. Therefore, the conservation easement will be on the parcel in question and that <br />will address our concerns about having the easement applicable. <br /> <br /> Mayor Pico asked Mr. Roush to address the issue of the dispute between the <br />owners of the property and the appellants. <br /> <br /> Mr. Roush noted that the issue that has arisen is the property owners have not <br />signed the actual PUD Modification application, and the question is whether or not this <br />application is appropriate for the Council to consider. Typically, property owners do sign <br />the application but not in all instances. What we have done is to draft a condition that <br />provides that if the sale of the property does not occur, these modifications would <br />become void. It is staff's position that the property owners, the Hahners, would be in no <br />worse position than they are today if this sale does not go through. In other words, the <br />existing house designs and other PUD modifications would not go into effect and it <br />would restore and would not change the position of the Hahners should the sale not go <br />through. If the sale does go through, then, presumably, the applicants are in favor of it, <br />and the modifications would go through. In that case, there would be no harm to the <br />existing property owners. <br /> <br />Pleasanton City Council 11 10/07/03 <br />Minutes <br /> <br /> <br />