Agenda - Council - 10/22/2013 - Laserfiche WebLink

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Review File: BROOKFIELD 4THADDITION. Major Plat Preliminary Plat Request Comprehensive Plan and Zoning Code Review Page 5 of 5 it was not able to require existing homeowners to contribute fmancially to the HOA under the existing documents. According to 21st Century Bank, it redrafted and re -recorded the Declaration of Restrictive Covenants to the best of its ability. A more detailed analysis from 21st Century Bank is included in this report. Furthermore, the City understands that it is the intent of the Applicant to not subject the proposed lots to the existing, nor future HOA. As the HOA, nor the private amenities were required by the City (nor could be required by the City under current City Code provisions), it will be up to the Homeowners to administer the provisions of the HOA. The City will, however, assist by facilitating discussions amongst homeowners by providing a location to meet as a group and continue to provide educational materials related to HOAs and ways to improve water quality of the pond. The City cannot, however, be the legal counsel to establish HOA documents or revisions. However, the City also reiterates that it is our current position that the City shall not accept maintenance obligations related to the water feature (other than ensuring proper functionality as a Stormwater pond), private park, center median and roundabout landscaping at the entrance from Nowthen Boulevard, or additional landscaping along Nowthen Boulevard that were proposed by the original developer, but not required by the City. The City acknowledges a number of concerns related to the above amenities and maintenance obligations of said amenities have been submitted to the City. An open house has been scheduled for Thursday, October 3' at 4:00-6:30 p.m. to provide an opportunity for area residents surrounding the Brookfield 4th Addition to meet with staff and the applicant and discuss plans prior to the public hearing. Staff became aware of a 'Town Hall Meeting' hosted by a resident of BROOKFIELD related to HOA and private amenity concerns. Staff is pleased to see that the neighborhood is organizing in an attempt to revive the HOA, as these private amenities are a benefit to the neighborhood. It is noted that a representative from the City was not at this meeting, so the subject matter is unclear at this time. It is reiterated here that the official City review process begins on October 3, 2013.