10-10-2016 Council Packet - Laserfiche WebLink

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#15-3763/16-3860 October 7, 2016 Page 2 - Applicants propose to grade building pads into certain lots, creating new Engineered Grades to establish Existing Ground Levels for individual building purposes. The private road in Outlot B is subject to private easement and maintenance covenants, as well as an underlying access easement to the City, all contained within the Developer's covenant document. However, an easement forup blic access is not being granted, which makes this truly a private road as compared to most others created in Orono since the 1970s. Staff and City Attorney note there is minimal if any risk to not requiring an underlying public easement when certain conditions exist. Those conditions exist here and include the following: - The private road being created does not have the potential to be extended to serve adjacent undeveloped properties; and - The Developer has established covenants that require homeowner maintenance of the private road, yet allow the City to provide for maintenance if the homeowners do not do so, and to assess the homeowners for that work. Please review the resolution, development agreement, and covenants. The Covenants have been reviewed by staff and the City Attorney and appear to address all topics required based on the Preliminary Plat Approval Resolution with the exception of the requirement for a road use and maintenance agreement with the KintyreTwo HOA — see below. Status of Shared Maintenance Agreement — Kintyre II and Kintyre Preserve As of this writing, staff and City Attorney have had discussions with the president of the Kintyre II HOA who indicated that no agreement has been reached as to joint use and maintenance of Kintyre Lane. The HOA has expressed serious concern about this plat being approved absent such an agreement — see the attached letter from Michael Roll (Exhibit J). Soren has contacted the applicant's attorney regarding the need for an agreement to be reached prior to final plat approval. Establishment of such an agreement is a condition contained within the preliminary plat approval resolution and is to be in place in order to gain final plat approval. There had been discussion between staff and City Attorney earlier this year regarding the enforceability and viability of that condition, given that negotiations between applicant and the HOA over the winter had apparently stalled out. However, at this time, final plat approval can be granted subject to not allowing the plat to be filed until an agreement between applicant and the HOA is reached. Future Access Use of Outlot A, Tamarack Hill Discussion at the September 12 meeting did not reach a solid conclusion regarding the future use of the driveway in Outlot A, Tamarack Hill ("back driveway") as a secondary access for Lots 5 and 6. The Developer has suggested a scenario as follows: - The back driveway would be used "as -is" for construction of homes on Lots 5 and 6 until such time that the final lift of asphalt is placed on the Kintyre extension at which time driveways from the new cul-de-sac for Lots 5 and 6 would have to be installed within 60 days, and construction access to Outlot A would cease.