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REQUEST FOR COUNCIL ACTION <br /> <br /> Date: May 18, 2016 <br /> Item No.: 12 <br />______________________________________________________________________________ <br />Department Approval: Administrator Approval: Agenda Section: <br />Name: Michael P. Gaffron JML Planning Dept. <br />Title: Senior Planner <br />______________________________________________________________________________ <br />Item Description: #15-3786 Mooney Lake Preserve – Lots 1 & 2, Block 1 (Prairie View Lane) <br />- Proposal to Delay Road Construction: Conceptual Review <br />______________________________________________________________________________ <br />List of Exhibits <br /> A – Applicant’s Concept Memo (Revised) <br /> B – Approved Road Design Plan <br />C – Proposed Interim Road Plan <br /> <br />Summary of Request: The property owner directly east of Lot 1, John MacMillan, has <br />purchased Lots 1 and 2 primarily as a buffer to his adjacent homestead in Plymouth, with no <br />plans to develop them with homes at this time. Lots 1 and 2 are ultimately intended to be <br />served by a private access road to be known as Prairie View Lane, which was approved by <br />Orono to be constructed as part of the Mooney Lake Preserve subdivision. MacMillan is <br />proposing to delay construction of the Prairie View Lane cul-de-sac, and has been working <br />with George Stickney and City staff to establish parameters for that to happen. <br /> <br />Please review the attached memo from MacMillan’s attorney, Charlie Carpenter. Briefly, the <br />request involves the following elements: <br />1. Stickney to construct southerly 300 feet of road as well as stormwater pond, per the <br />existing Development Agreement; <br />2. A single private driveway could be extended from the end of the improved road to serve a <br />house on Lot 1 without the need for further road improvements; <br />3. If a house is built on Lot 2 (with or without a house existing on Lot 1) the full road must <br />be completed. <br />4. Owners of Lot 2 required to be responsible for installing full road prior to issuance of a <br />building permit for Lot 2. <br />5. The obligations for road responsibility to be recorded as covenants in chain of title of <br />Lots 1 and 2. <br />6. Lots 1 and 2 subject to joint access agreement and joint maintenance. <br /> <br />As noted in Carpenter’s memo, there are a number of details to be addressed in order for this <br />concept to work. In general, staff supports the concept of delaying development of the full road <br />and its associated hardcover if no homes are going to be built for some (unknown) period of <br />time. However, there are some concerns associated with such a delay, primarily in ensuring that <br />the future obligations of the owners of Lots 1 and 2 as to how the road gets completed are clear <br />and indisputable.