No. 08PL070 - Section 31, T2N, R7E

A request by Michael and Susan Bergstresser and Elmer E. and Barbara Storm to consider an application for a Layout and Preliminary Plat on Lots 2R and 3R, formerly Lots 2 thru 6 less Lot H1, located in the SE1/4 of the NW1/4, Section 31, T2N, R7E, BHM, Pennington County, South Dakota, legally described as Lots 2 thru 6 less Lot H1, located in the SE1/4 of the NW1/4, Section 31, T2N, R7E, BHM, Pennington County, South Dakota, more generally described as being located at 6417 South Canyon Road.


STAFF RECOMMENDATION:
Staff recommends that the Layout and Preliminary Plat be continued to the September 15, 2008 City Council meeting as the stipulations of approval have not been met.

PLANNING COMMISSION RECOMMENDATION:

Planning Commission approved the Layout and Preliminary Plat with the following stipulations:

1.

Prior to Preliminary Plat approval by the City Council, the plat document shall be revised to identify any portion of the land in or adjacent to the subdivision subject to periodic inundation by storm drainage, overflow or ponding;

2.

Prior to Preliminary Plat approval by the City Council, water plans prepared by a Registered Professional Engineer showing the extension and/or existing water mains shall be submitted for review and approval or a Variance to the Subdivision Regulations shall be obtained. If the existing private water system is utilized, then an on-site water plan prepared by a Professional Engineer shall be submitted for review and approval demonstrating that adequate fire and domestic flows are being provided. The plat document shall also be revised to provide utility easements as needed;

3.

Prior to Preliminary Plat approval by the City Council, sewer plans prepared by a Registered Professional Engineer showing the extension of sanitary sewer mains and service lines shall be submitted for review and approval or a Variance to the Subdivision Regulations shall be obtained. If the existing individual on-site wastewater systems are utilized, then an on-site wastewater plan prepared by a Professional Engineer demonstrating that the soils are suitable for on-site wastewater systems shall be submitted for review and approval;

4.

Prior to Preliminary Plat approval by the City Council, a Master Utility Plan shall be submitted for review and approval;

5.

Prior to Preliminary Plat approval by the City Council, construction plans for South Canyon Road shall be submitted for review and approval. In particular, the construction plans shall show the street located within a minimum 100 foot wide right-of-way and constructed with a minimum 36 foot wide paved surface, curb, gutter, street light conduit, water and sewer or a Variance to the Subdivision Regulations shall be obtained;

6.

Prior to Preliminary Plat approval by the City Council, a lot size Variance from the Pennington County Zoning Board of Adjustment shall be obtained to allow a 1.655 acre lot and a 1.659 acre lot, respectively, in lieu of a minimum 40 acre lot as per the General Agriculture District or the property shall be rezoned to allow the proposed lot sizes with Pennington County;

7.

Prior to Preliminary Plat approval by the City Council, a drainage plan and a grading plan as well as an erosion and sediment control plan shall be submitted for review and approval if subdivision improvements are required;

8.

Prior to Preliminary Plat approval by the City Council, a cost estimate of the required subdivision improvements shall be submitted for review and approval;

9.

Prior to submittal of a Final Plat application, a reserve drainfield area for on-site wastewater treatment shall be shown on the plat or a note shall be placed on the plat indicating that at the time a Building Permit application is submitted, a reserve drainfield area for on-site wastewater treatment will be identified and held in reserve unless a public sewer system is provided;

10.

Prior to submittal of a Final Plat application, the plat document shall be revised to show a non-access easement along South Canyon Road except for the approved approach location(s);

11.

Prior to submittal of a Final Plat application, the plat document shall be revised to show a ten foot wide planting screen easement along South Canyon Road or a Variance to the Subdivision Regulations shall be obtained. In addition, the planting screen easement shall not conflict with utility easement(s);

12.

Prior to submittal of a Final Plat application, a Wild Fire Mitigation Plan shall be submitted for review and approval and the plan shall be implemented;

13.

Prior to submittal of a Final Plat application, the plat title shall be revised to read “Plat of Lots 2R and 3R of SE1/4NW1/4 of Section 31, T2N, R7E (Formerly Lots 2, 3, 4, 5 and 6 less Lot H1 of SE1/4 NW1/4 of Section 31, T2N, R7E) all located in SE1/4 of NW1/4 of Section 31, T2N, R7E, BHM, Pennington County, South Dakota”;

14.

Prior to submittal of a Final Plat application, the plat document shall be revised to show the Certificates of Title for a Final Plat in lieu of the Certificates of Title for a Minor Plat;

15.

Upon submittal of a Final Plat application, surety for any required subdivision improvements that have not been completed shall be posted and the subdivision inspection fees shall be paid; and,

16.

Prior to the City’s acceptance of the public improvements, a warranty surety shall be submitted for review and approval as required.


VOTE: (10 to 0 with Brewer, Brown, Collins, Etter, Gregg, Landguth, LeMay, Rolinger, Scull and Waltman voting yes and none voting no)