From
Dwayne Tyner
Title
License for Fairway Park Homeowners Association to allow for construction of perimeter wall and keystone retaining walls to encroach on the right-of-way of Avenue K for license fee of $500 and term of ten years; Liability insurance is required
Presenter
Gabe Johnson, Director of Public Works
Recommended Action
Approve
Analysis
Fairway Park HOA proposes to build a perimeter wall and new keystone retaining wall in the right of way of Avenue K. Their existing crosstie retaining wall is deteriorated and cannot be replaced in the existing location due to proximity of homes only a few feet from the retaining wall.
According to HOA engineers, the best solution is to build a new wall into the City row----25-feet from the sidewalk and concentric with the alignment of Avenue K. The right of way within in the green area of Exhibit “A” will be re-graded.
Terms and conditions of the license include the following:
1. The license area to the east is shortened to avoid City utility locations.
2. Fairway Park HOA is required to file and get approval from appropriate City departments before starting any construction.
3. The keystone retaining wall will be moved out into the row in the vicinity of but not further north than the red line shown on the Exhibit “A”.
4. All new construction will be contained entirely within the green licensed area.
5. A privacy/boundary fence will be constructed on or immediately north of the retaining wall with City approved material for a screening wall.
6. The actual location of both elements will depend on minimizing disruption to trees and how the berms and terraces will best fit in the green area of the aerial.
7. The right of way in the green area will be re-graded and terraced south to the top of the new keystone retaining wall. All current drainage patterns will be maintained.
8. Seven trees are in the green area. Two will likely have to be removed. HOA will submit a landscaping plan with the permit. HOA will likely replant trees inside the green area to extend the canopy east and slightly west.
9. HOA currently maintains the entire right of way and will continue to maintain.
10. The current property line is approximately along the brick screening wall. If the license is granted, then HOA would have approximately 15' to work with outside that current brick screening wall to the north and Avenue K. It also slopes downward out there so HOA engineer thinks much of the wall sections will lower than currently with the railroad tie wall is the case.
11. HOA we can also commit to not having any wall components extended north of the line of license.
12. HOA will not regrade or disturb the current row north of the red line (license area) unless the city feels it would be of benefit to facilitate drainage north of the wall.
Proposed construction will not take place until at least 2022 due to funding constraints. The recommended license term is 10-years with either party having the right to terminate upon written notice.
All utilities have agreed with the encroachment of the perimeter and retaining walls in the right of way of Avenue K.
Staff recommends approval of the license agreement.
Financial Consideration
Revenue: $500.00 which is the recommended one time only charge for the ten-year term license in addition to the application fee of $100.00.