Memorandum

City of Lawrence

TO:	Mike Wildgen, City Manager
FROM:	David L. Corliss Assistant City Manager & Director of Legal Services
Date:	September 29, 2005
RE:	Building Permit conditions for Monterey Bluffs

On November 4, 2003, the City Commission approved the Final Plat of Monterey Bluffs subdivision, a residential plat of 167 lots, generally located on the west side of Monterey Way extended north of Peterson Road.  A public improvement condition of the plat provided:  “No building permits shall be issued until Monterey Way is constructed and accepted by the City.”

This summer the City successfully bid the improvement of Monterey Way (from Stetson north to Grand Vista) and the improvement of Peterson west of Kasold Drive.  Construction by the contractor (Kings) has begun.  The first major section of work is the construction of Monterey Way which is anticipated to be completed in early summer 2006.

The internal improvements (streets, storm sewer, sanitary sewer, internal waterlines) of Monterey Bluffs are currently under construction. The City has received a request from the developer to alter the approved conditions governing the issuance of building permits. 

Staff recommends the modification of the public improvement condition to allow for the release of building permits, which otherwise qualify for issuance, in Monterey Bluffs upon the following:

a)  the City accepts the installation and operation of the completed waterline serving Monterey Bluffs necessary to provide complete water service and fire suppression service to Monterey Bluffs, including the internal waterlines serving Monterey Bluffs;  AND

b)  an all weather access condition, approved by the Fire Marshall,  exists to serve Monterey Bluffs capable of supporting fire suppression apparatus and other emergency vehicles; AND

c)  all access to Monterey Bluffs 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 Monterey Bluffs shall be allowed until Monterey Way, from Stetson to Grand Vista,  is complete and accepted by the City.