1-31-2006 Special meeting regarding NWQ (2)

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1- Approved Baker inquired why the City has decided to use an ordinance amendment instead of a variance regarding the setbacks. Fernelius replied that a variance requires a proof of hardship, which would cause difficulties later. An ordinance addresses the variations in the proposal with out having to prove a hardship case. Schiferl asked if changing the 60 foot setback would have an impact on future developments. Fernelius replied that the changes in the ordinance would apply to developments that are forty acres or more in size, essentially the North West Quadrant. Baker questioned if the private roads would have an easement to allow access to the regional park. Fernelius replied that the roads will have easements for utilities and within those easements will be the private roads, which the home owners association would maintain. Baker stated that he thought that there would be three park trail entrances that would be useable by the public. Fernelius replied that there will be easements for the trail system. Schiferl inquired if the private roads will be accessible to the general public. Fernelius replied that while the roads will be owned by the association, they will be open to the general public to use. Gundlach reported the findings of several questions that were raised at the January 17th meeting. Sharon Doffing, City Council Member, addressed the Commission thanking them for the time and effort that they have already put into this development and encouraged them to ask all the questions that they feel they need to have answered. Theresa Greenfield, Director of Land Development of Rottlund Homes, approached the Commission to answer their questions. Baker asked her to clarify the easement for residents of the development and the surrounding area. Greenfield stated that during discussions with staff they want all of the roads to remain public and not be privately held, because the home owner association will be taking care of all the green space. By adding the roads as private, the cost will increase the amount that is requested for home owners due's. Because the market is competitive regarding town homes, there is a chance, that because the dues will be higher in this development, that people may go elsewhere. The greenway and the trails would be publicly held and would be open to use by the whole community. Baker asked if there would be easements for the trail and park use. Greenfield answered that has not been decided, and that they still need to have a discussion with the City regarding what is public and what is private. Fernelius stated that there are really two questions regarding the trail easements. The first is will the trail area be platted as a public right away or as an easement and secondly who becomes responsible for maintenance of the trail area. Staff's understanding is that except for the main ring road, the balance of the site would be treated as private, due to maintenance issues. Zisla asked if the issue was snow plowing or if it is a higher issue of maintenance, and why that burden would be put on these home owners when in a majority of the city it's not an issue. Fernelius replied that Les Proper, Director of Public Works, would be able to answer the question regarding the extent of maintenance more fully, however, the city is approaching the roads in Northwest Quadrant just as they have for other town home developments. O'Keefe stated that there are several communities in the area that C:\Documents and Settings\jgoepe\Local Settings\Temporary Internet Files\OLK28\1-31-2006 Special meeting regarding NWQ.doc