Agenda - Council - 05/23/2017 - Laserfiche WebLink

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City Planner Anderson replied that the southern portion of the lot was subject to a Comprehensive Plan amendment and protection of ecological elements is a focus. He stated that staff has stated in the past that it would be helpful to have this extra layer of protection. He noted that with a standard drainage and utility easement there is not that extra layer of protection and homeowners are often not aware of activities that cannot occur. He stated that the signage would be a benefit to call attention to the ecological easement. He noted that the boundary of the easement would be the same as the typical drainage and utility easement, it would simply provide another layer of protection. Councilmember Kuzma asked who would be responsible for the additional expense if the additional layer is added. City Planner Anderson stated that staff would work with the developer to draft the easement which would be recorded against the lots. He noted that enforcement would fall to the City, the same as a drainage and utility easement. He did not see that this would add a lot of added expense or work to the City but would provide an additional benefit and education that could help prevent issues in the future. Councilmember Shryock asked and received confirmation that this additional layer of protection would be helpful and would make it easier for the City to enforce issues should they arise. Councilmember Williams stated that she is not in favor of the City adding fee title to the lots but would support the direct staff recommends in order to be good stewards of the natural resources. Motion by Councilmember Williams, seconded by Councilmember Johns, to Adopt Resolution #17-05-106 Granting Final Plat Approval of Woodlands 4th Addition and Resolution #17-05-107 Approving the Development Agreement for Woodlands 4th Addition, contingent upon compliance with the Staff Review Letter dated May 5, 2017 and review of the Development Agreement by the City Attorney and City Engineer with regard to legal form and the cost estimates for the Stage I surety; and to direct staff to work with the applicant to secure an ecological protection easement over the wetlands and stormwater ponds. Further discussion: City Planner Anderson asked if that would include the minor revisions to the Development Agreement. He noted that a representative from Lennar is present as well. It was the consensus of the Council that the motion would include the minor revisions to the Development Agreement. Councilmember Riley asked if the applicant is in agreement with the ecological protection easements. Paul Tibon, Lennar, stated that they have worked with ecological easements in other developments and they do not oppose the easements as long as they do not encumber the lots. He stated that if the easements would help the City's enforcement ability they would be open to that discussion. Motion carried. Voting Yes: Mayor Strommen, Councilmembers Williams, Johns, Kuzma, Riley, and Shryock. Voting No: None. Absent: Councilmember LeTourneau. Mayor Strommen briefly recessed the meeting to address technical difficulties at 7:42 p.m. City Council / May 9, 2017 Page 7of11