Agenda - Council - 12/10/2013 - Laserfiche WebLink

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Review File: BROOKFIELD 4TH ADDITION. Major Plat Final Plat Request Comprehensive Plan and Zoning Code Review Page 3 of 4 noted that 21" Century Bank has conceptually agreed to convey necessary trail easements and fee -title to areas to make additional connections. Sanitary Sewer and Water Trunk Fees. Sanitary Sewer and Water Trunk Fees are subject to the existing reimbursement agreement with 21" Century Bank. Per the Reimbursement Agreement, these fees are not due with the Plat and are credited towards the previous investment made. Development Agreement: An executed Development Agreement will be required prior to releasing the plat for recording. A copy is attached to the case to City Council. Previous Developer Amenities and Home Owners' Association. As part of the original plat of BROOKFIELD, the original Developer, Oakwood Land Development, proposed several private amenities that were not required by the City. These improvements included, but were not limited to, a pond/water feature, landscaping within public right of way (roundabout/entrance area), landscaping along Nowthen Boulevard, and a private park. The City allowed these amenities to be constructed with the understanding that the City would not accept future maintenance obligations for said amenities. The water feature/pond was created by installing a liner in the development's Stormwater pond. Many of the landscape improvements were constructed within City right of way. Attached to this case report is a Fact Sheet prepared by the City and summarized below. As these amenities were not required by the City, the City's expectations were that the development itself shall be responsible for the ongoing maintenance of these amenities. It is the City's understanding that the Developer set up a Home Owners' Association (HOA) as a mechanism to address long term maintenance of these features. Maintenance also included irrigation and billing for the utilities necessary to maintain these improvements. In 2009, Oakwood Land Development transferred its interest in BROOKFIELD to 21' Century Bank. At that time, a large majority of the lots within BROOKFIELD remained undeveloped and under the ownership of 21st Century Bank. During the transfer of ownership and through a request to amend the existing Development Agreement, the City encouraged 21' Century Bank to maintain the HOA, but did not require this to occur, as it did not possess the legal ability to do so (it is not a City requirement). The City commented at that time that the City would not take on the maintenance obligations of these amenities, as clearly articulated when the plat was approved. 21st Century Bank indicated that it would make its best efforts to re-establish the HOA, but lacked the legal ability to require future property owners to participate financially due to the structure of the existing Declaration of Restrictive Covenants. 21st Century Bank has stated that it was not able to require existing homeowners to contribute financially to the HOA under the existing documents. According to 21' Century Bank, it redrafted and re -recorded the Declaration of Restrictive Covenants to the best of its ability. A more detailed analysis from 21' 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.