07/14/2003 Council Packet - Laserfiche WebLink

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d. Completed development contract including all required financial securities and timeframe for final plat and final grading completion. e. Conditions attached to approval of the preliminary plat shall be fulfilled or secured by the development agreement, as appropriate. f. All fees, charges, and escrow related to the preliminary or final plat shall be paid in full. Conformance With Preliminary Plat (a): The submitted final plat includes the phase one lots with the remainder of the site in outlots. Outlot I creates a lot around an existing single family home. This was not included in the approved preliminary plat or phasing plan: this home was to be removed. It adds an extra dwelling unit beyond the approved phasing plan, and creates a lot that has no road frontage (or access), no sanitary sewer or water service, and that is only 7954 sf. While it may or may not be worthwhile retaining this existing house, if it is to be retained it must be on a lot that meets the minimum requirements. No lot without sewer and water can be less than 10 acres. Staff suggested combining Outlots I, D, and E. This would leave the house on an outlot of 18+ acres. Dividing this outlot could be resolved in the future, perhaps with a new preliminary plat that incorporates the house. At the time this report was written, this issue is unresolved. Staff and the developer will discuss this prior to the meeting. A new final plat must resolve this prior to staff recommending approval. Completion of Preceding Phase (b): This is the first phase of the project, so the `minimum completion' clause doesn't apply. However, it will apply to subsequent phases. It is expected that the final plat for phase two will be submitted for approval early in January. 2004. With construction beginning in mid -2003, it is unknown if 40% of phase one (22 units) will be sold and have building permits issued. Title (c): The title commitment and the final plat must be submitted to the City Attorney in time for an opinion for the City Council meeting. Among other things, the City Attorney compares the title commitment with the signature page of the plat to ensure all persons with property interest are represented on the signature page. Development Agreement and Fees (d) and (f): The City Engineer is assembling the development agreement. This requires cost estimates that serve as the basis of the financial securities. In addition, trunk utility fees and outstanding charges are collected along with the securities. Conditions of Approval (e): Resolution 03 -60 approved the preliminary plat and lists conditions of approval (see attached). The development agreement often includes conditions that cannot be met prior to construction. For example, the phasing plan is an