Consider Landscape Plan Amendment and Accept Sidewalk Easements for Vistas at North Commons (Project No. 16-90); Case of Morning Sun Homes, Inc.

Vistas at North Commons is a twelve (12) lot residential subdivision located on the north side of Bunker Lake Blvd, between Center Street and Zeolite Street (the "Subject Property"). The subdivision received all the necessary approvals earlier this year and is now under construction. Subsequent to plan development and the entitlement process, ownership of the project was transferred to Morning Sun Homes (the "Developer"). They are nearing completion of the first home and were attempting to complete the landscaping on site when they approached the City to inquire about the possibility of eliminating the use of a seed mix and finishing the entire site with sod.

Additionally, the sidewalks that were installed as part of this project slightly encroach onto some of the individual parcels.  The Developer has submitted Sidewalk Easement Exhibits and has agreed to grant the necessary easements to the City.  This affects four (4) of the twelve (12) lots in the subdivision.

Notification is not required.

The original developer had proposed use of a general roadside seed mix to establish vegetation on the back side of a slope in the rear yards that leads down to the trail along Bunker Lake Blvd. As part of the initial review, Staff had suggested that if a seed mix was going to be used, it should be one that includes native species, such as a dry or mesic prairie mix. In December of 2016, the EPB did recommend approval of the Landscape Plan contingent upon compliance with the Staff Review Letter (which included language about a preferred seed mix).

Although it is not known specifically why the original developer had proposed a seed mix in the rear yards initially, it is assumed it was an attempt to reduce project costs. The approved Landscape Plan would require the first ten (10) feet adjacent to the trail along Bunker Lake Blvd to be seeded. The Developer has requested to amend the Landscape Plan to utilize sod across all portions of the development (excluding the ditch area adjacent to Bunker Lake Blvd). It is his opinion that it will provide more of a finished appearance.

Staff really has no objection to the requested amendment. Had the original plan not proposed use of a seed mix initially, Staff would not have recommended use of a native mix along this narrow corridor. Use of sod rather than seed should also help reduce/eliminate erosion concerns along this slope (getting seed established there in the past proved rather challenging). No other changes to the Landscape Plan have been requested. 

The EPB will be reviewing the request to amend the Landscape Plan at their November 13 meeting.

Lots 1, 10, 11, and 12, Block 1 all have areas where the public sidewalk slightly encroaches into private property.  This can be addressed with the acceptance of a Sidewalk Easement by the City Council.  Similar scenarios have occurred with other developments within The COR.  The easements simply specify that the sidewalk is a public sidewalk and that the City is responsibility for the ongoing maintenance of these sidewalks.

Staff recommends approving the requested amendment to the Landscape Plan and accepting the sidewalk easements.

Motion to adopt Resolution #17-11-290 approving an amendment to the Landscape Plan for Vistas at North Commons and accepting sidewalk easements for four (4) lots in Vistas at North Commons, subject to review and approval as to legal form by the City Attorney.