Agenda - Council - 09/09/2014 - Laserfiche WebLink

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7.03: Adopt Resolution #14-06-101 Granting Preliminary Plat Approval of Country Club Hills Located East of Variolite Street, South of 161' Avenue; Case of Greatland Homes, LLC Community Development Director Gladhill reviewed the staff report and recommendation of staff and the Planning Commission to approve the Preliminary Plat for Country Club Hills (formerly Sweetbay Ridge Phases II and III), a major subdivision that would create 85 new single-family lots, contingent upon revisions as outlined in the Staff Review Letter dated May 30, 2014. At the request of the Council, Community Development Director Gladhill described the preliminary and final platting process, items contained within the Staff Review Letter, and alignment of the proposed short trail segment to connect Traprock with Sweet Bay Ridge. He explained if the Council supported a trail extension to Alpine, staff could vet that option. Bob Hamborg, 15755 Traprock Street NW, stated his concern that the road not go through has been addressed but there is also resident concern with how the conservation easement would be maintained. They supported additional language to address that concern and to allow for some form of cleanup, when needed. Tom Brenner, Greatland Homes Partner, stated they are drafting the conservation easement document based on staff and neighborhood input. He stated perhaps they will call it a `protective easement' instead of a `conservation easement' so maintenance is not restricted. He explained that easement will be recorded on the title and the language will be explicit that you cannot enter that property except to address a catastrophic event or to remove diseased trees. Mr. Brenner stated the covenants will exclude split-levels and homeowner's association (HOA) architectural approval will be required. The Council asked questions of Community Development Director Gladhill relating to the location and intention of the easement. Mayor Strommen indicated that State Statute does not define an HOA as a qualified conservation easement holder. She stated a deed restriction easement may be an option but that is not a permanent type of easement and would need to be re -recorded. Mayor Strommen stated support for a deed restriction easement or covenant agreement between the HOA and lot owners about what can occur within that conservation area so, if needed, the property can be maintained. Motion by Councilmember LeTourneau, seconded by Councilmember Riley, to Adopt Resolution #14-06-101 Granting Preliminary Plat Approval of Country Club Hills, contingent upon revisions as outlined in the Staff Review Letter dated May 30, 2014 and the Developer entering into a Development Agreement with the City, and subject to exclusion on the road connection with Traprock Street and creation of a type of deed restriction rather than a conservation easement. Motion carried. Voting Yes: Mayor Strommen, Councilmembers LeTourneau, Riley, Johns, Kuzma, and Tossey. Voting No: None. Absent: Councilmember Backous.