No. 09PL034 - Aspen Estates Subdivision

A request by Fisk Land Surveying & Consulting Engineers for Walter J. Bradsky to consider an application for a Layout Plat for proposed Lots 5A and 5B of Aspen Estates Subdivision, legally described as Lot 5 of Aspen Estates Subdivision, located in the SW1/4 of Section 12, T1N, R6E, BHM, Pennington County, South Dakota, more generally described as being located at 7800 Elkhart Road.


PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommend that the Layout Plat be approved with the following stipulations:

1.

Prior to submittal of a Preliminary Plat application, an Exception shall be obtained to allow an easement to serve more than four lots or the plat document shall be revised to show Canterberry Road, Kenosha Road and Elkhart Road as rights-of-way;

2.

Prior to submittal of a Preliminary Plat application, the plat document shall be revised to include the previously recorded note as follows: “Prior to obtaining a permit or constructing any structure, petitioner, his heirs, assigns or successors in interest agree to install a total wastewater containment system for each lot. Prior to installation of such system, plans stamped by a Registered Professional Engineer shall be submitted for review and approval by the City of Rapid City and Pennington County. Notwithstanding the foregoing and in lieu thereof, plans for a conventional or alternative on-site wastewater system may be approved by the City and County subject to the review and approval of a complete report of the soils and geological investigation performed by a qualified Professional Engineer to demonstrate that the proposed conventional or alternative system meets all state, county, and local regulations.”

3.

Upon submittal of a Preliminary Plat application, construction plans for S.D. Highway 44 shall be submitted for review and approval. In particular, the construction plans shall show the street constructed with curb, gutter, water and sewer or Variance to the Subdivision Regulations shall be obtained. In addition, an Exception must be obtained to waive the requirement to provide street light conduit along S.D. Highway 44 as it abuts the property;

4.

Upon submittal of a Preliminary Plat application, construction plans for Canterberry Road, Kenosha Road and Elkhart Road shall be submitted for review and approval. In particular, the construction plans shall show the street located in a minimum 49 foot wide right-of-way and constructed with a minimum 24 foot wide paved surface, curb, gutter, street light conduit, water and sewer or a Variance to the Subdivision Regulations shall be obtained;

5.

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

6.

Upon submittal of a Preliminary Plat application, 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 individual on-site wastewater systems are utilized, then a “total” wastewater containment system shall be designed by a Registered Professional Engineer and submitted for review and approval by the City and Pennington County. Alternatively, plans for a conventional or alternative on-site wastewater system may be approved by the City and Pennington County subject to the review and approval of a complete report of the soils and geological investigation performed by a qualified Professional Engineer to demonstrate that the proposed conventional or alternate system meets all state, county and local regulations. In addition, prior to Preliminary Plat approval by the City Council, a wastewater permit, which includes the design of the proposed non-conventional system(s), shall be reviewed and approved by South Dakota Department of Environment and Natural Resources, the City and Pennington County;

7.

Upon submittal of a Preliminary Plat application, an Erosion and Sediment Control Plan in compliance with the adopted Stormwater Quality Manual shall be submitted for review and approval for any required subdivision improvements;

8.

Upon submittal of a Preliminary Plat application, a drainage plan in compliance with Drainage Criteria Manual shall be submitted for review and approval for any subdivision improvements;

9.

Upon submittal of a Preliminary Plat application, a cost estimate of the required subdivision improvements shall be submitted for review and approval if any subdivision improvements are required;

10.

Prior to submittal of a Final Plat application, the covenant agreement submitted to demonstrate road maintenance for Canterberry Road, Kenosha Road and Elkhart Road shall be revised if and as determined by the City Attorney’s Office;

11.

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;

12.

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

13.

The approved Layout Plat for which no grading, construction or other improvements have been initiated within two years of the date of approval of the plat shall be deemed as expired. However, the owner or applicant of the plat may, prior to the termination of the two year period, request a one year extension subject to approval by the City Council; and,


VOTE: (8 to 0 with Braun, Brown, Gregg, Kinneburgh, Landguth, Marchand, Rolinger and Scull voting yes and none voting no)