Consider Request for Use of Veterans Drive Right of Way Adjacent to 7700 Sunwood Drive for Outdoor Dog Area; Case of Residence at The COR

The City has received a request from Residence at The COR, a 230-unit apartment complex located at 7700 Sunwood Drive NW, for use of the right of way/boulevard area on the south side of Veterans Drive as a location for pet owners' use. This proposed space would be an area for tenants with pets for a sanitary area for pet waste, but would not be a dog park area. Pet owners would be required to immediately remove their pets' waste.

Residence at The COR would be responsible for constructing and maintaining the area. This would not be an improvement for which the City would accept any maintenance obligation. The Applicant has submitted a sketch drawing of the proposed improvements. The improvements would include landscape improvements (trees and shrubs), sidewalk, mulch, and pea gravel. The area would not be used as an off-leash park. This type of arrangement, whether it be public space or rights of way, is common in more urban settings (provided that adequate safety measures are in place).

Staff's main concern would be safety along the railroad tracks. With that in mind, Staff would recommend that this not be an off-leash area, nor be considered an off-leash dog park.

In the interim, the Residence at The COR requests utilization of the future Municipal Plaza area (north side of Sunwood Drive) for pet owners' use until the proposed long-term solution is completed. According to Residence at The COR staff, it has experienced multiple inquiries regarding areas for pets.

If the Public Works Committee so desired, a Maintenance Agreement could be recorded on the Residence at The COR parcel, documenting specific maintenance obligations and process for City removal as necessary for maintenance, repair, or other improvements or in the even of non-maintenance on the part of Residence at The COR.

Alternative #1 - Approve the request as presented. Staff finds this solution acceptable. Maintenance responsibilities would be that of the Residence at The COR. If proper maintenance is not peformed, the City could remove the area.

Alternative #2 - Approve the request on the north side of Sunwood Drive (Municipal Plaza). At this time, it is not recommended to consider this alternative, as the design and future construction of this area is undetermined and would be impacted by future construction.

Alternative #3 - Deny the request. With this scenario, tenants would need to utilize other public land pursuant to current law, or the private areas on site, such as the center courtyard. There is limited green space for this type of use in other areas of the site.

No notification is required at this time.

All costs associated with processing the request are the responsibility of the Applicant.

Staff has no objection to the proposed use, subject to securing the necessary right of way permit and the Applicant's understanding of removal/disturbance as necessary for routine/required maintenance within the right of way. Staff recommends a Use and Maintenance Agreement also be forwarded to the full City Council for consideration.  The City needs to reserve the right to vacate this use at any time for any reason.

Motion to recommend that the City Council approve the use of the pet area on the south side of Veterans Drive for Residence at The COR residents, subject to the owner making improvements, executing a Use and Maintenance Agreement, as well as securing the necessary right of way permit.