Memorandum

City of Lawrence

TO:	City Manager Mike Wildgen
FROM:	David L. Corliss, Assistant City Manager & Director of Legal                                                    Services
CC:	Sheila Stogsdill, Linda Finger, Sandra Day, Terese Gorman, Chuck Soules, Rich Barr, Chris Stewart, Debbie Van Saun
Date:	September 1, 2005
RE:	Building Permit conditions for Monterey No. 8 Subdivision – west side of Monterey Way north of Stetson

On April 6, 2004, the City Commission approved the Final Plat of Monterey No. 8 subdivision, a residential plat of 33 lots, located on the west side of Monterey Way, north of Stetson.  A public improvement condition of the plat was that building permits would not be issued until Monterey Way, south of Peterson Road is completed and accepted by the City.

This summer the City successfully bid the improvement of Monterey Way north of Stetson Drive (including Monterey Way north to Grand Vista, and the improvement of Peterson west of Kasold Drive). A pre-construction meeting with the City’s contractor (Kings) has been held and construction will begin in the coming weeks.

The internal improvements (streets, storm sewer, sanitary sewer, internal waterlines) of Monterey Way No. 8 have been installed by the developer. The City has received a request from the Monterey Way No. 8 developer to allow for the issuance of building permits prior to the completion of Monterey Way.  City staff has held consideration of this request until the necessary property interests for the improvement of Monterey Way are acquired and the project has been successfully bid.  Both of these items have been completed.  Because the location of Monterey Way No. 8 is relatively near the already completed portions of Monterey Way it appears appropriate to favorably consider this request for an alteration to this public improvement requirement, conditioned upon certain necessary elements.

Staff recommends the modification of the requirement to allow for the release of building permits for Monterey No. 8 upon the following:  a) the City accepts the installation and operation of the completed waterline along Monterey Way necessary to provide complete water service and fire suppression service to serve Monterey Way No. 8, including the internal waterlines serving Monterey No. 8;  b) an all weather access condition exists on Monterey Way to the entrance of Monterey No. 8 (Aspen Drive) capable of supporting fire suppression apparatus and other emergency vehicles; c) all access to Monterey Way and Monterey No. 8 is coordinated and approved by the Director of Public Works and the contractor for the road improvements until the final acceptance of the road improvement; and d) no occupancy shall be allowed until Monterey Way, to the entrance of Aspen Drive, is complete and accepted by the City, which is anticipated to be June 1, 2006.