2018-10-02 P & Z Packet - Laserfiche WebLink

Home Browse Search

MEMORANDUM TO: City of Centerville FROM: Jill Presseller, Gries Lenhardt Allen, PLLP RE: Proposed Residential Planned Community: Bayview Villas DATE: September 18, 2018 TJB Homes, Inc., as builder, and Richard Defoe, as developer, seek approval to create a residential community as set forth on the preliminary plat of Bay View Villas. This would consist of eighteen (18) detached single family homes. There would be a Declaration of Covenants, Conditions and Restrictions ("Declaration") recorded against the property and a Minnesota nonprofit corporation (the"HOA") established with the powers and duties to enforce the Declaration, hold title to certain common elements (described below), maintain the common elements and provide limited maintenance (snow removal and lawn care, including irrigation and mowing) over the private lots, and to collect assessments from the owners of the lots to pay for the cost of maintenance and administrative costs of the HOA. The Declaration would include certain architectural requirements, including the right of the HOA to establish an architectural control committee. The developer and builder would initially retain full control of the HOA, including the architectural control committee. The Declaration would also include certain restrictions on the use of the property and grant to the Board the authority to establish rules and regulations applicable to the Property. Nine of the lots would be adjacent to Centerville Lake, and each of those lots would have the authority to install a private dock. These homeowners would be solely responsible for maintenance, repair and replacement of their private docks, but they would be subject to rules and regulations established by the HOA, through its Board The common elements and improvements installed by the developer and maintained by the HOA would include: - Outlot A, which would include an entrance monument and landscaping; - Lot 10, Block 2, which would include stormwater ponding; - Outlot B, which includes access to Centerville Lake and "Upland Docks", as further described below; - Walking path located within an easement along the North boundary of Lot 1, Block 1. - Retaining wall located along North boundary of Lot 10, Block 2 and Outlot A. The Upland Docks will be a unique aspect of this community. The developer would like to install up to three (3) docks, that may include up to four(4)boat slips on Outlot B, for the exclusive use and enjoyment of the owners of Lots 1 — 9, Block 2 (the "Upland Lots"), and their guests. These docks and boat slips would be owned by the HOA and considered a common element. The HOA would be responsible for maintenance, repair and replacement of the docks. Cost of maintenance, including replacement reserves, to the extent not covered by usage or license fees, would be incorporated in the common expense assessments. The Board would have exclusive authority to control usage of these docks and slips through rules and regulations. The Board would have the right to assign one or more of the boat slips to individual owners of the