Section 105-116; Res. 42-04; Authorizing a settlement agreement with BMG Development, LLC; approving the Preliminary Plat of Miles Manor, Block 3, a major subdivision; granting variances from the Subdivision Regulations regarding cul-de-sac length and street access


Council Bill No.          R 42-04          


A RESOLUTION

authorizing a settlement agreement with BMG Development, LLC; approving the
Preliminary Plat of Miles Manor, Block 3, a major subdivision; granting variances
from the Subdivision Regulations regarding cul-de-sac length and street access.

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  The City Manager is hereby authorized to execute a settlement agreement with BMG Development, LLC.  The form and content of the agreement shall be substantially as set forth in "Exhibit A" attached hereto and made a part hereof as fully as if set forth herein verbatim.

    SECTION 2.  The City Council hereby approves the Preliminary Plat of Miles Manor, Block 3, dated February 18, 2003, a major subdivision located at the southern terminus of White Oak Lane, containing approximately 8.95 acres, and hereby confers upon the subdivider the following rights for a period of seven years from the date of this approval:

    A.    The terms and conditions under which the Preliminary Plat was given will not be changed.

    B.    The subdivider may submit on or before the expiration date the whole or any part of the subdivision for final approval.

    C.    The time for filing the final plat may be extended by the Council for a specified period on such terms and conditions as the Council may approve.

    SECTION 3. The approval of this Preliminary Plat is subject to the following conditions:

    1.    That at the time of final plat submittal, an area similar in size to the area shown as 5.16 acres on the preliminary plat, shall be designated as a greenspace conservation easement on the final plat.  In addition, the final plat shall include a statement to the effect that the greenspace conservation easement shall not count toward R-3  density calculations.

    2.    That the final plat shall show a 20-foot wide pedestrian easement from the cul-de-sac across the subject property connecting to the MKT buffer.  The location of the easement and the type of walkway needed within the easement shall be determined by the Parks and Recreation Department.  Construction of a walkway within the easement shall be the responsibility of the developer and shall be completed prior to any occupancy permits being granted for the site.

    3.    The property shall be developed as a condominium development under the Uniform Condominium Act.  The declaration creating the condominium shall include a covenant that requires no less than seventy percent of the units to be occupied by a natural person who is fee simple owner of the unit.  The declaration shall also provide that the owners of lots in Miles Manor Block 1 and Miles Manor Block 2 shall be third party beneficiaries of the owner-occupied covenant.

    4.    No more than sixty dwelling units shall be constructed on the property.

    SECTION 4.  Prior to approval of the Final Plat of this Subdivision, the subdivider shall have completed the improvements required by the Subdivision Regulations, or in lieu of completion of the work and installations referred to, present security to the City Council with surety and conditions satisfactory and acceptable to the City Council, providing for and securing the actual construction and installation of the improvements and utilities within a period of seven years; or put the City Council in an assured position to do the work, obligating the developer to install the improvements indicated on the plat, provided that no occupancy permit will be issued to any person for occupancy of any structure on any street that is not completed in front of the property involved, or the utilities have not been installed to the satisfaction of the City.

    SECTION 5.  Subdivider is granted a variance from the requirements of Section 25-47(a) of the Subdivision Regulations so that the maximum cul-de-sac length can be extended to 850 feet on White Oak Lane when measured from Stadium Boulevard.

    SECTION 6.  Subdivider is granted a variance from the requirements of Section 25-54.1(a) of the Subdivision Regulations so that additional access shall not be required for the 8.95 acre site; provided, that no more than 60 dwelling units be built on the site.
    

    ADOPTED this 1st day of March, 2004.