09-28-2005 Council Agenda - Laserfiche WebLink

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5. The two parcels listed as Lot 1 and Lot 2 of Block 2 are combined to one lot, thus providing proper lot width requirements and additional spacing from the existing pipeline to the south. This section of the plat is now Lot 1 of Block 2, eliminating one of the lots consistent with this condition. While the City cannot require it, staff would encourage the applicant to move the building pad and subsequent house construction as far to the north as possible to increase buffering distance from the petroleum pipeline. 6. Landscaping along the wetland edge is added in accordance with the original planning recommendations. The landscape plan continues to fail to meet this condition. The only landscaping along the wetland edge has been provided around the ponding areas at the far east and west ends of the plat. The plan Tree Inventory shows 748 trees on the property, not including the parcel occupied by Preserve Trail. Of these 748 trees, just 44 trees will remain along the wetland after grading. Those 44 trees consist of 24 Boxelder, 5 Aspen, 4 Paper Birch, 4 Red Oak, 3 Black Cherry, 3 Cottonwood, and 1 Willow. The vast majority of these trees are short-lived or generally weak- wooded. It is questionable how many of these remaining trees will survive long after construction. The intent of this condition is to reestablish a portion of the tree line along the south edge of the wetland that the plat eliminates. Staff has indicated to the applicants that it is not the intent to re- create a complete vegetative screen between the wetland and the new houses. However, the removal of nearly 95% of the tree cover in this area without replanting adjacent to the wetland is inconsistent with the Subdivision Ordinance requirements for due regard to natural features cited in the previous Findings of Fact. Planning staff would recommend that an additional 60 -70 overstory trees, of species adaptable to the wetland edge environment, be planted in clusters along the wetland to supplement the few remaining trees to meet the intent of this Preliminary Plat condition. 7. Compliance with Administration, Engineer, and Public Works recommendations. This condition continues to apply to all other staff comments. Covenants. The applicants have submitted proposed covenants for the subdivision. The declaration creates a homeowners association which would be responsible for maintenance of the 3 outlots in the plat. Each lot owner would be a member of the Association. However, the Association would also own the outlots, as an entity separate from the residents. The City requires that the outlots are owned directly by the members, rather than the Association, due to uncertainties about the future status and funding of the association, including payment of real estate taxes. To correct this situation, the City requires that the outlots are to be owned in equal, undivided interests by each of the lot owners in the plat — the title of the outlot is, in