Memorandum

City of Lawrence

TO:	City Manager Mike Wildgen
FROM:	David L. Corliss Assistant City Manager & Director of Legal Services
Date:	September 15 , 2005
RE:	Building Permit Issuance and Pending Road Improvements for Hutton Farms West

At the September 20, 2005 the City Commission is considering the approval of the Final Plat for Hutton Farms West No. 1, a proposed 99-lot residential subdivision containing approximately 21.117 acres and the Final Plat for Hutton Farms West No. 2.  a proposed one-lot residential subdivision containing approximately 17.306 acres.   Both of the plats contain the following recommended condition:   “Execution of an agreement that precludes development of all lots in Hutton Farms West No. 1 until the completion of Monterey Way between Peterson Road and the north property line including intersection improvements with Peterson Road;”

This summer the City successfully bid the improvement of Monterey Way north of Stetson Drive to Grand Vista and the improvement of Peterson west of Kasold Drive.  The construction work has begun with the first phase of the work concentrating on the improvement of Monterey Way which is anticipated to be completed in summer, 2006.  The internal improvements (streets, storm sewer, sanitary sewer, internal waterlines) for Hutton Farms West have not been installed by the developer. The City has received a request from the developer to allow for the issuance of building permits prior to the completion of Monterey Way. 

Staff recommends the modification of the requirement to allow for the release of building permits, which otherwise qualify for issuance, in Hutton Farms West No. 1 and Hutton West No.  2 upon the following:

a) the City accepts the installation and operation of the completed waterline serving Hutton Farms West No. 1 and Hutton Farms West No. 2 necessary to provide complete water service and fire suppression service to Hutton Farms West No. 1 and Hutton Farms West No. 2, including the internal waterlines serving Hutton Farms West No. 1 and Hutton Farms West No. 2; AND

b) an all weather access condition, approved by the Fire Marshall,  exists to serve Hutton Farms West No. 1 and Hutton Farms West No. 2 capable of supporting fire suppression apparatus and other emergency vehicles; AND

 c) all access to Hutton Farms West No. 1 and Hutton Farms West No. 2 is coordinated and approved by the Director of Public Works and the contractor, with the contractor’s permission in writing, in such a manner as not to conflict with the Monterey Way and Peterson road improvements until the final acceptance of the road improvements; AND

d) no occupancy in Hutton Farms  West No. 1  and Hutton Farms West No. 2 shall be allowed until Monterey Way, from Stetson to Grand Vista, is complete and accepted by the City.