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15-3763116-3860 <br />September 8, 2016 <br />Page 3 <br />- A comment by the City Attorney is that the driveway access easements and <br />covenants should be reviewed by the applicants, given that if Lots 5 and 6 abandon <br />access to the driveway in favor of the new cul-de-sac, they might still be <br />responsible for maintenance of a driveway they aren't using. <br />- Finally, if the driveway is abandoned, it should be revegetated to eliminate <br />unnecessary hardcover. <br />The applicants are preparing a proposal for future use of the driveway and will be <br />discussing that with the Council at Monday's meeting. <br />Additional Items of Note <br />Septic System Straddling lot Line. The applicants have provided an Agreement regarding use <br />of the septic system straddling the lot line between Lots 4 and 5. The Agreement requires that <br />within 120 days after common ownership of the two lots ceases, the system has to be <br />removed/relocated to become conforming. This does not specifically follow the 5 `trigger' <br />conditions established in the preliminary plat approvals (Resol. 6536, condition 11 on page 7); <br />staff is reviewing whether the agreement is acceptable as -is. <br />Building Pads. Applicants are proposing to grade building pads into certain lots, creating new <br />Engineered Grades to establish Existing Ground Levels for individual building purposes. <br />Existing Accessory Buildings on Outlot A. Outlot A of Kintyre Preserve is intended to remain <br />in the ownership of the owners of 200 Stubbs Bay Road as open space for the time being, <br />potentially for future development. There are two accessory buildings on Outlot A, but after the <br />subdivision is approved the existing principal residence to which those buildings are accessory <br />will be removed since it is in the way of the new road. It is staffs intent that the plat approval <br />resolution document that those two buildings become nonconforming but are allowed to remain <br />as -is. (One of those buildings was the subject of a variance in 2002 as being nearer Stubbs Bay <br />Road than the existing residence). <br />Wetland Easements — Vacation Issue. There are existing Wetland Drainage Easements on Lot <br />2 of Tamarack Hill which will be superseded by new Drainage Easements on the new plat. Staff <br />is reviewing whether the existing easements need to be vacated. If so, that can happen after plat <br />approval and recording. <br />HOA Documents. Applicants have submitted Homeowners Association documents including <br />Articles of Incorporation, Bylaws, and Rules and Regulations which will be filed at the time of <br />plat recording. <br />Final Plat Approval <br />The City Attorney is currently reviewing the submitted development documents to ensure that all <br />pertinent items have been addressed, and is preparing a Development Contract. Staff will be <br />preparing a Final Plat Approval resolution for Council review and adoption on September 26. <br />