Memorandum

City of Lawrence

Planning Department

 

TO:

David Corliss

FROM:

Planning Staff

CC:

Sheila M. Stogsdill

Debbie Van Saun

Date:

May 5, 2006

RE:

May 16, 2006 Agenda Item – Reconsideration of conditions of approval of the  Final Plat of The Cove

 

 

Please include the following item on the City Commission consent agenda for consideration at the May 16, 2006 meeting:

 

 Reconsideration of conditions of approval of the Final Plat of The Cove subdivision.

 

The Final Plat for The Cove was approved by the City Commission January 3, 2006 subject to the following conditions:

 

  1. Provision and approval of public improvement plans prior to the recording of the Final Plat with the Register of Deeds Office;
    1. Pedestrian Path shall be constructed with public improvement plans for this development.
  2. Pinning of the lots in accordance with Section 21-302.2 of the Subdivision Regulations;
  3. Execution of a Temporary Utility Agreement;
  4. Provision of the following fees and recording documentation:
    1. Copy of paid property tax receipt;
    2. Recording fees made payable to the Douglas County Register of Deeds;
    3. Provision of a master street tree plan.
    4. Provision of street sign fees.

 

The Final Plat was recorded with the Register of Deeds on January 17, 2006.

 

The developer contacted staff about options to amend the conditions to either eliminate the pathway or defer the construction of the pathway until the adjacent lots are developed.

 

The pedestrian pathway was required to be included in the public improvement plans and constructed initially as part of the approval of the final plat.  This pathway was required to address block length provisions in the subdivision regulations. The pathway will “connect” to the east bank of the drainage easement and turn northward toward Blue Nile Drive. The “pathway” connection within the drainage easement would have been some kind of natural pathway, but it has never been defined.

 

As the site exists today the street grade is higher than the adjacent lots. The lots will need to be filled and or elevated with a walk out building and revised grading to accommodate the placement of the pathway. The pathway would in all probability be damaged during the construction of the homes on the lots. Staff concurs with the applicant’s conclusion that construction of the pathway at this time is not practical. The initial discussions included some thought that the pathway between Lots 5 and 6, Block 1 of The Cove would be concrete, but it would not tie into a receiving pathway within the drainage tract at the west end.

 

The pathway between the lots and along the east portion of the upper part of the drainage easement does not facilitate any substantial pedestrian benefit until a future path would be constructed along the east bank of the drainage tract. There is no significant reason to make the pathway between the lots concrete.

 

The applicant will be executing an agreement to address the provision of the sidewalk with the construction of the lots revising the public improvement plans to include the agreement deed book and page reference and to show the required grading along the common lot lines.

 

Staff recommends approval of revised conditions as follows:

 

  1. Execution of an agreement from the developer that states the pathway shall be graded and seeded at the time of the development of Lots 5 and 6, Block 1 of The Cove; and
  2. Provision of revised public improvement plans to
    1. Include a note that allows the construction of the pathway to be deferred until the development of Lots 5 and 6, Block 1 The Cove are under construction.
    2. Include a note that the easement is unencroachable with fences, landscaping and any other type of structure or improvement other than the pathway.
    3. Include a note that states the pathway is to be of a natural (mow-able) turf area.
    4. Include a deed book and page reference regarding the agreement for development of the pathway.