11-28-2016 Council Packet - Laserfiche WebLink

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#15-3763/16-3860 November 22, 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. The resolution now includes language (Condition 2 on Page 3) that addresses the existing accessory buildings on Outlot A — stating that "Kintyre Preserve Outlot A is created for potential future development, and no principal residence structure may be constructed on Outlot A unless or until it is converted into a Lot via a platting process. The two accessory buildings proposed to remain on Outlot A shall be considered as non -conforming upon removal of the existing principal residence structure on Outlot A. These two accessory buildings are allowed to remain as -is. However, no new accessory buildings shall be constructed on Outlot A until such time that 1) Outlot A is combined with a parcel that contains a principal structure; or 2) Outlot A is converted to Lot status via a future platting process and a new principal structure on Outlot A is constructed." 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. The Development Agreement is still in draft form and will likely undergo a few additional minor revisions. Future Access Use of Outlot A, Tamarack Hill (the "back driveway") 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. - After that, he proposes that the back driveway be retained as a permanent secondary access for both Lots 5 and 6, and notes that the new lot line between 5 and 6 is centered on the back driveway so it could serve both. He noted that it might be difficult to access