No. 09PL061 - Clemmons Addition

A request by Fisk Land Surveying & Consulting Engineers for Hewey Clemmons to consider an application for a Layout and Preliminary Plat for proposed Lots A and B of Clemmons Addition, legally described as a portion of the balance of Lot 3 of the S½SW¼, Section 14, T1N, R8E, BHM, Pennington County, South Dakota, as shown on the plat recorded on October 1, 1963 and filed in “Plat File N”; Beginning at the northeast corner of said balance of Lot 3, said point being located along the north-south quarter section line and also along the southerly edge of the adjoining railroad right-of-way; thence, southerly along said quarter section line, S00º04’53”W a distance of 1,050.36 feet, more or less; thence, N63º41’40”W a distance of 205.00 feet, more or less; thence, N84º39‘26”W a distance of 270.00 feet, more or less; thence, N33º30’20”W a distance of 84.00 feet, more or less; thence, N00º00’00”W a distance of 796.70 feet, more or less; thence, N57º23’22”W a distance of 117.40 feet, more or less; thence, N03º48’46”E a distance of 95.00 feet, more or less; thence, N12º39’32”W a distance of 150.00 feet more or less to a point on the north line of said Lot 3; thence, easterly along the north line of said Lot 3, S89º55’53”E a distance of 168.93 feet more or less to a point on the southerly line of the adjoining railroad right-of-way; thence, southeasterly along the southerly edge of the adjoining right-of-way, curving to the left on a curve with a radius of 5907.9 feet, a delta of 04º17’31”, an arc length of 442.55 feet, and a chord bearing and distance of S62º19’02”E 442.44 feet, more or less; thence, continuing southeasterly along the southerly edge of the adjoining right-of-way, S64º32’29”E a distance of 72.19 feet more or less, to the point of beginning, more generally described as being located at 6299 East Highway 44.


STAFF RECOMMENDATION:
Staff recommends that the Layout and Preliminary Plat be continued to the November 16, 2009 City Council meeting as the stipulations of approval have not been met.


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

1.

Prior to Preliminary Plat approval by the City Council, road construction plans for the access street extending south from S.D. Highway 44 to the property shall be submitted for review and approval. In particular, the road construction plans shall show the street constructed with a minimum 24 foot wide paved surface, curb, gutter, sidewalk, street light conduit, sewer and water or a Variance to the Subdivision Regulations shall be obtained;

2.

Prior to Preliminary Plat approval by the City Council, a copy of the approved driveway permit from the South Dakota Department of Transportation for the access street shall be submitted for review and approval;

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 a Variance to the Subdivision Regulations is obtained and individual on-site wastewater systems are utilized as proposed, 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, 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 Variance to the Subdivision Regulations is approved and a private water system is utilized as proposed, then a note shall be placed on the plat stating that “All new residential structures shall be fire sprinklered”. In addition, the plat document shall be revised to show utility easements as needed;

5.

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

6.

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;

7.

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

8.

The approved Layout and Preliminary 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.


VOTE: (5 to 1 with Braun, Brewer, Landguth, Marchand and Rolinger voting yes and Scull voting no)