04D - Final Plat for Wilderness Point

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6. Has financial security been posted in the appropriate amount? `-' Staff Findings: The Staff provides the following findings for the Planning Commission's consideration: 1. Emergency response personnel with the City have not finalized their determination on whether or not the proposed layout would facilitate access for emergency response vehicles. 2. The City Attorney has indicated that he has received and approved of the Disclosure Statement, Bylaws, Articles of Incorporation and the Declarations/Covenants. g. The applicants have submitted a stormwater management/erosion control plan. The Planning Commission has received this plan but has not reviewed it. 4. The applicants have not provided rental contracts as per the CUP conditions. 5. The applicants have submitted a sewage treatment design that has been reviewed and found satisfactory by the City Engineer. The design has not been accepted by the Planning Commission. 6. The applicants have submitted a vegetation enhancement plan. This plan has not been reviewed by the Planning Commission. 7. A rezoning to Open Space of the common areas has not been applied for concurrently with the final plat,as required in the Conditional Use Permit. 8. The final plat agrees with the preliminary plat as approved by the City in April of 2005. 9. The City has not received a title opinion. io. The City has not received financial security to ensure construction of the sewage treatment system. ii. The City has not received a plat check. Planning Commission Direction: The Planning Commission should develop findings to either approve or deny the final plat. In general, the Commission cannot deny a final plat unless the applicant will not or cannot meet the final platting requirements or the conditions of the preliminary plat approval.The Commission cannot impose additional conditions that do not fall directly within the guidelines of the final plat or relate directly to conditions imposed in the preliminary plat. The Commission also has the option to table the final plat to obtain additional information. Staff Recommendation: Based on the findings of fact presented in this report, we have some more work to do before the application can be approved. First, the Planning Commission needs to accept the following: - the stormwater and erosion control plan, - the rental agreement and association documents, - the sewage treatment system design,and - the vegetation enhancement plan. Acceptance of these should be by motion. There can be a separate motion for each individual item. The stormwater/erosion and the sewage treatment have been reviewed by the Planning Commission and the City Engineer and are likely ready for acceptance. The rental agreement and association documents specified in the Conditional Use Permit have not been reviewed by the Planning Commission or the City Attorney. Neither has the vegetation enhancement plan,which was recently submitted(November 9).