No. 03PL105 - Five Star Subdivision
A request by John Nooney for Norman or Rod McKie to consider an application for a Preliminary and Final Plat on Lots 1R and 2R of Five Star Subdivision; located in NW1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1 and 2 of Five Star Subdivision located in the NW1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located west of Haines Avenue and north of Interstate 90.

Staff recommends that the Preliminary and Final Plat be continued to the December 15, 2003 City Council meeting as the stipulations of approval have not been met.

PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommended that the Prelimary and Final Plat be approved with the following stipulations:

Engineering Division Recommendations:
1. Prior to Final Plat approval by the City Council, the plat document shall be revised to show the proposed "utility easement" as a "public watermain easement";
2. Prior to Final Plat approval by the City Council a note shall be placed on the plat identifying that surface restoration due to any operations, maintenance or reconstruction of the watermain shall be the responsibility of the property owner;
3. Prior to Final Plat approval by the City Council, the plat document shall be revised to show a drainage easement across proposed Lot 1R;
4. Prior to Final Plat approval by the City Council, the plat document shall be revised to show a non-access easement along Howard Street or the applicant shall enter into an agreement identifying that access from Howard Street shall be limited exclusively to service and delivery vehicles only and that no physical connection from the service bay area to the balance of the property shall be constructed;
5. Prior to Preliminary Plat approval by the City Council, the plat document shall be revised to show an access easement across proposed Lot 2R extending south from Disk Drive approximately 140 feet or the plat document shall be revised to modify the configuration of the lots to show a shared approach to proposed Lots 1R and 2R. If the plat document is revised to show an access easement, then the construction plans shall be revised to provide a sidewalk on the west side of a 59 foot wide access easement or a Variance to the Subdivision Regulations shall be obtained. In addition, a road maintenance agreement for the access easement shall be recorded at the Register of Deed's Office demonstrating maintenance by the property owner;
6. Prior to Preliminary Plat approval by the City Council, all changes shall be made to the construction plans as identified on the red lined drawings. In addition, the red lined drawings shall be returned to the Engineering Division;
7. Prior to Preliminary Plat approval by the City Council, a cost estimate shall be submitted for review and approval;

Fire Department Recommendation:
8. All Uniform Fire Codes shall be continually met. In particular, prior to Final Plat approval by the City Council, all streets and turnarounds shall be designed and constructed in compliance with the Street Design Criteria Manual or surety shall be posted for the improvements;

Transportation Division Recommendation:
9. Prior to Final Plat approval by the City Council, the plat document shall be revised eliminating the 12 foot wide approach located in the northeast corner of proposed Lot 1R by extending the non-access easement to the east lot line or the plat document shall be revised to show a shared approach between the two properties;

Urban Planning Division Recommendations:
10. Prior to Final Plat approval by the City Council, all of the affected utility companies shall concur with vacating the existing utility easement located on proposed Lot 2R; and,
11. Prior to Final Plat approval by the City Council, surety for any required subdivision improvements that have not been completed shall be posted and the subdivision inspection fees shall be paid.

VOTE: (10 to 0 with Brannan, Brown, Fast Wolf, Henning, Hoffmann, Scott Nash, Prairie Chicken, Stone, Schmidt and Wevik voting yes and none voting no)