06-28-2004 Council Packet - Laserfiche WebLink

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«04-3016 May 14,2004 Pages How does this difference in preserved area ownership methv'ids affect the individual homeowner and the City? From staffs perspective, outlet land thai is owned by an association may be perceived by individual lot owners as ‘off limits’ in terms of the various uses that might occur, and such land is probably ‘policed’ by the neighbors as a group. Individual ownership of open spaces reduces the likelihood of neighborhood recreational uses of the preserved open space. Hiking and similar ac tivities are more likely monitored by the individual landowner, who may perceive such recreational use as a trespass. Planning Commission should discuss whether the preserved open space should be within individual lots, or within an Outlet owned by an association. Staff recommends the latter. 5. Road Layout and Standards The proposed private road corridor within the site is 50' in width as required by the Subdivision Code and CMP for a local private road. The standard paved width for this road would be 28', as it will serve 7 lots plus the adjoining property at 130 Brown Road South; the proposed road width is 24', which shouldbe discussed by Planning Commission (see also Exhibit G, Tom Kellogg's comments). The private road will be subject to homeowner association ownership and maintenance, and subject to an underlying Road, Drainage and Utility Easement to be granted to the City. Staff also recommends that such an easement be granted over the existing 40' casement used by Van Eeckhoiit over the Dunn property; as of this writing it is questionable whether this requirement can be met. The need for this easement is that the City has a long established policy of obtaining, at the time of subdivision, the underlying right to enter and maintain private roads used by multiple landowners. This is clearly expressed in in the City’s Transportation Plan, CMP Part 4A, Rural Transportation Policies 4 thru 6, attached as Exhibit O. Policy 6 states: “The City will guarantee reasonable maintenance levels and public access on all private roads. In the process of approving rural subdivisions, ihc City will acquire underlying public ingress, egress, and access easements over all private roads. These easements will ensure legal access of the public to all properties served by the private road. Development contracts backed by acceptable forms of financtal responsibility will assure that all private roads are designed and constmeted according to City approved standards and specifications. The City will further guarantee that all private roads are maintained to reasonable standards at all times through required maintenance agreements and'or homeowner’s associations, and that failure of the private group to so maintain their private road will be cause for the City to accomplish needed maintenance and to assess the benefitted properties for the direct cost of such maintenance." This language has been in the CMP since 1980. J