01-27-2014 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 11 of 32 (5. #13-3637 WILLI ABBOTT ON BEHALF OF THE BROADWAY GROUP, LLC – 2350 WATERTOWN ROAD AND XXX WILLOW DRIVE NORTH – PRELIMINARY PLAT AND RPUD REZONING, Continued) Gaffron indicated one option for consolidating documents may be for the developer to establish the easements and restrictions within neighborhood covenants. The downside to this is that they may get ‘buried’ and are not as readily discernible to a buyer as separate documents. When incorporated into neighborhood covenants, there must be language that makes them permanently applicable and not able to be changed without City approval. Under the current plan layout, the individual easement documents have to be filed in the title of each affected lot. If the wetlands and preservation areas were in an outlot owned by a homeowners association, the complexity created by multiple documents would decrease. If the wetlands and preservation areas were in an outlot owned by a homeowners association, the complexity created by multiple documents would decrease. Gaffron stated the simplest option might be for the wetland and tree preservation areas to be platted as a single outlot to be owned by the City, in which case certain easements would not be required. However, that would be a distinct departure from past City practice. The City’s philosophy has been for decades that the City does not want to own wetlands or little snippets of conservation areas scattered around the City. The wetland easement prohibits the developer and property owners from doing damage to the wetland, while the drainage easement allows the City to maintain drainage through it. Gaffron noted staff does not have a firm recommendation for consolidating the various easement documents that will or may be required of this plat. Staff is willing to entertain a proposal by the developer’s attorney to incorporate certain of the required elements into a neighborhood covenant, which has been done with some past developments in Orono. Gaffron noted one of the neighbors, Mr. Kelley, has submitted a letter dated January 10, 2014, in which he suggests three specific actions he feels would make for a better development. In addition to the applicant’s response, Staff would make the following observations: 1. “Increase setback from Willow Drive.” As noted in prior memos, the standard for RPUD is a 50-foot side street setback from Willow Drive. The applicant is proposing 25 feet. Kelley has suggested 40 feet. Increasing the setback to something greater than 25 feet will reduce the flexibility in house design while potentially allowing for better screening, especially if a trail is someday developed on the east side of Willow Drive. Gaffron noted of the Council Members asked what the existing setbacks are from Willow Drive. Gaffron indicated the houses across the street in the Hackberry neighborhood are approximately 50 feet from the street lot line. The one house that is furthest from the park is 30 feet. On the corner lot of Glendale Cove, due to wetlands and drainage easements, that house is 45 to 50 feet from the street right-of-way. Gaffron indicated the setbacks vary in depth and the question is whether 50 feet would be appropriate in this situation. McMillan noted Willow has a distinct setback look. Gaffron noted the City is not creating a neighborhood of two acre lots with Oliver Hill and that they are instead creating an urbanized neighborhood.