Agenda - Council - 11/09/2021 - Laserfiche WebLink

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CC Regular Session 7, 1, Meeting Date: 11/09/2021 By: Chris Anderson, Community Development Information Title: Consider Density Transitioning Options for North Brook Meadows (Project No. 21-131); Case of Platinum Land LLC Purpose/Background: On September 28, 2021, the City Council approved, with contingencies, the Preliminary Plat for North Brook Meadows. The project is located at the southwest corner of Nowthen Boulevard and 175th Avenue NW (the "Subject Property") and includes seventy-seven (77) single family residential lots that will be served by municipal sanitary sewer and water. One of the focal points of discussion during the Preliminary Plat review was on the density transitioning and, more specifically, whether it should be accomplished via an outlot (separate from the individual residential lots) owned by a Home Owners Association (HOA) or if it should be part of each of the residential lots and encumbered by an easement granted to and enforced by the City. Staff was directed to circle back with this topic for further direction by City Council at a future meeting. Notification: Notification is not required. Time Frame/Observations/Alternatives: There are pros and cons for either option that are outlined below: Platted as Separate Outlot Pros: • Distinctly separate from new residential lots, which generally means less likelihood for tree removal and/or improvements (sheds, pools, etc.) in the transition area. • Creates a better sense of buffering for existing neighborhood, again due to being separate from the new residential lots. Cons: • As a separate parcel, there is no incentive for owners of the new lots to maintain the transition area and after the initial two (2) years (which are covered with a Maintenance Surety via a Development Agreement), no way to ensure replacement of dead trees if the HOA is defunct. • With no other purpose for an HOA other than to own/maintain this outlot, there is a high probability of it going tax forfeit. If that happens, either the City would end up with it (along with the responsibilities of maintenance) or some private party may acquire it, which could present other issues. Platted as Part of Lots and Encumbered by Easement Pros: • As part of each new lot, greater incentive for the new property owners to maintain the transition area (trees and ground cover). • More likely to be irrigated, which is certainly beneficial at least in terms of initial establishment of the tree plantings. Cons: • Enforcement of restrictions more challenging for the City. Possible issues that could arise include: