Memorandum

City of Lawrence

TO:	City Manager Mike Wildgen
FROM:	David L. Corliss Assistant City Manager & Director of Legal Services
CC:	Planning, Fire/Medical, Public Works, Utilities staff
Date:	September 15 , 2005
RE:	Building Permit Issuance and Pending Road Improvements for Stonegate No. 4

On April 6 2004, the City Commission approved the Final Plat of Stonegate No 4 subdivision, a residential plat of 105 lots, generally located on the east side of Monterey Way extended north of Peterson Road, south of Grand Vista and the existing residential development.  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 in early summer 2006.

The internal improvements (streets, storm sewer, sanitary sewer, internal waterlines) of Stonegate No. 4 have not yet been installed by the developer. 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 requirement to allow for the release of building permits, which otherwise qualify for issuance, in Stonegate No. 4 upon the following:

a) the City accepts the installation and operation of the completed waterline serving Stonegate No. 4 necessary to provide complete water service and fire suppression service to Stonegate No. 4, including the internal waterlines serving Stonegate No. 4;  AND

b) an all weather access condition, approved by the Fire Marshall,  exists to serve Stonegate No. 4 capable of supporting fire suppression apparatus and other emergency vehicles; AND

 c) all access to Stonegate No. 4 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) the City may close access to Stonegate No. 4 at Tillerman Drive, and/or require alternative traffic calming devices,  prior to the completion of Monterey Way, if the City determines that it is in the public’s best interest to avoid excessive construction traffic which cuts through the existing residential neighborhood; AND

e) no occupancy in Stonegate No. 4 shall be allowed until Monterey Way, from Stetson to Grand Vista,  is complete and accepted by the City.