ITEM NO. 3B:           FINAL PLAT FOR STONEGATE IV ADDITION; N. OF PETERSON ROAD     AND E. OF MONTEREY WAY (EXTENDED) (SLD)

                                    PF-01-05-04:  Final Plat for Stonegate IV Addition.  This proposed 105-lot residential subdivision contains approximately 40.39 acres and is located north of Peterson Road and east of Monterey Way (extended).  Submitted by Landplan Engineering, P.A., for North Stephens, L.C., property owners of record.  This item was deferred from the February Planning Commission Meeting.

Items 3A & 3B were discussed simultaneously.

STAFF PRESENTATION

Ms. Day introduced the Items, the Preliminary and Final Plats for Stonegate IV Addition, reminding the Commission they had approved concurrent submission of these plats.  She noted the conditions had been revised to state that no building permits would be issued until Monterey Way improvements were complete.  This restriction had originally been applied to occupancy permits, but revised because occupancy permits were not issued for residential uses.

Staff recommended approval of both the revised Preliminary and Final Plats with the conditions stated in the Staff Reports.

APPLICANT PRESENTATION

Tim Herndon, Landplan Engineering, said the applicant had no additional information to present beyond the Staff Reports and had no objections to the conditions recommended by Staff.

CLOSING COMMENTS

There were no closing comments from the applicant or Staff.

ACTION TAKEN

Item 3A

Motioned by Comm. Schachter and seconded to approve the revised Preliminary Plat for Stonegate IV Subdivision.

DISCUSSION ON THE MOTION

Comm. Johnson said she would not support the plats with their existing layout because the Comprehensive Plan specifically stated that alternate, more flexible design plans (cluster housing, larger lots) should be used for areas with sensitive topographic concerns.  She did not feel the presence of similar existing development in the area was a good enough reason to approve another subdivision that did not comply with this Comprehensive Plan intent.

Comm. Schachter said he agreed with Comm. Johnson in theory that this was not the ideal design model for the subject property, but felt the area was “already lost”.  He hoped the Commission would have an opportunity to address these concerns earlier in the process for future developments on ground with similar topographic challenges.

Chairman Burress said this specific property was more topographically challenged than the rest of the area, but the Building Code was not adequate to deal with this type of development.  He suspected the structures placed on the steeper section of the subject property would be unstable in the future, but said that was not a planning issue.

ACTIONS TAKEN

Motion on the floor was to approve the revised Preliminary Plat for Stonegate IV Subdivision.

Motion carried 7-2, with Comm.’s Angino, Lawson, Eichhorn, Schachter, Schenewerk, Jennings and Haase voting in favor.  Comm.’s Johnson and Burress voted in opposition and Student Commissioner Bittenbender voted in the affirmative.

Item 3B

Motioned by Comm. Schachter and seconded to approve the Final Plat for Stonegate IV Subdivision and forward it the City Commission for acceptance of easements and rights-of-way, subject to the following conditions:

1. Approval of a revised preliminary plat;

2. Provision of the following fees and recording documentation:

a. Current copy of paid property tax receipt at the time of submittal of the Final Plat for filing;

b. Recording fees made payable to the Douglas County Register of Deeds;

c. Provision of a master street tree plan;

d. Provision of street sign fees; and

e. Pinning of the lots in accordance with Section 21-302.2;

3. Execution of the following agreements:

a. Temporary Utility Agreement; and

b. Agreement stating no building permits shall be issued until Monterey Way is constructed and accepted by the City;

4. Submittal of public improvement plans to the City Public Works Department prior to filing of the Final Plat for streets, sidewalks, water and wastewater improvements;

5. Provision of a revised Final Plat to include:

a. MEBO’s for all lots adjacent to a drainage easement;

b. Note on the face of the plat stating. “Soils investigations shall be performed before primary structures are erected on lots with slopes greater than 3:1, or on lots with non-engineered fill greater than 12 inches. A soils engineer licensed by the State of Kansas shall perform investigations, and a report of the investigation shall be submitted to the City of Lawrence Codes Enforcement Division of the Neighborhood Resources Department. Other lots may be required to be investigated where excavation reveals indications of unsuitable conditions”; and

c. Note on the face of the plat stating, “No building permits shall be issued until Monterey Way is constructed and accepted by the City.”

Motion carried 8-1, with Comm.’s Angino, Eichhorn, Burress, Haase, Schachter, Schenewerk, Lawson and Jennings voting in favor.  Comm. Johnson voted in opposition and Student Commissioner Bittenbender voted in the affirmative.