No. 02PL119 - Five Star Subdivision
A request by Kevin Conway for Norman or Rod McKie to consider an application for a Preliminary and Final Plat on Lots 1 and 2 of Five Star Subdivision and the dedicated public right-of-way shown as Disk Drive located in the NW1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; legally described as Lots 1 thru 8 of Lot M1 of the S1/2 NW1/4, Lots A and B of Lot 1 of Lot M1 of the S1/2 NW1/4, Tract 4-B of Parcel 4 of SE1/4 NW1/4, and a portion of vacated Howard Street right-of-way located in 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 August 18, 2003 City Council meeting as the stipulations of approval have not been met.

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

Engineering Division Recommendations:
1. Prior to Preliminary Plat approval by the City Council, revised water and sewer plans shall be submitted for review and approval. In addition, the plat document shall be revised to show additional utility easements as needed;
2. Prior to Preliminary Plat approval by the City Council, all necessary 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;
3. Prior to Preliminary Plat approval by the City Council, traffic control plans for the abandonment of Howard Street shall be submitted for review and approval;
4. Prior to Final Plat approval by the City Council, the applicant shall sign an agreement stating that Disk Drive shall be constructed prior to a Certificate of Occupancy being issued;
5. Prior to Preliminary Plat approval by the City Council, construction plans showing the typical road design for the 50 foot wide access and utility easement shall be submitted for review and approval. In particular, the typical road design shall include curb, gutter, water, sewer, street light conduit, sidewalk(s) and pavement;
6. Prior to Preliminary Plat approval by the City Council, a drainage and grading plan shall be submitted for review and approval. In addition, the plat document shall be revised to show drainage easements as needed;
7. Prior to Final Plat approval by the City Council, a non-access easement shall be shown along Disk Drive except for approved approach location(s) and along the south lot line;

Fire Department Recommendation:
8. The Uniform Fire Codes shall be continually met;

Register of Deed's Office Recommendation:
9. Prior to Final Plat approval by the City Council, the plat title shall be revised to include "…all of Lot M-1 of the S1/2 NW/14, and a portion of…";

City Attorney's Office Recommendation:
10. Prior to Preliminary Plat approval by the City Council, the applicant shall demonstrate the chain of title since 1958 for Howard Street in order to determine if any other property owner(s) have vested right(s) to Howard Street;

Urban Planning Division Recommendations:
11. Prior to Final Plat approval by the City Council, the City shall approve a resolution authorizing the Mayor and Finance Officer's signature(s) on the Infrastructure Development Partnership Fund loan for a portion of the Disk Drive improvements;
12. Prior to Final Plat approval by the City Council, the applicant shall sign a developer's agreement stipulating that the applicant pay their portion of the Disk Drive improvements. In addition, surety for any required subdivision improvements that have not been completed shall be posted and the subdivision inspection fees shall be paid; and,
13. Prior to Final Plat approval by the City Council, a subdivision estimate form shall be submitted for review and approval.

VOTE: (10 to 0 with Fast Wolf, Hoffmann, Mashek, Mickelson, Prairie Chicken, Schmidt, Stone, Swedlund, Wall and Wevik voting yes and none voting no)