Staff recommends that the Variance to the Subdivision Regulations be continued to the September 20, 2004 City Council meeting as the stipulations of approval have not been met.

PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommended that the Variance to the Subdivision Regulations to waive the requirement to construct pavement along the east 660 feet of the east-west section line highway located in the SE1/4 of Section 25, T2N, R7E be denied; that the Variance to the Subdivision Regulations to waive the requirement to construct pavement along Sun Ridge Road and the unnamed street along the north lot line of Lot 2 be denied; that the Variance to the Subdivision Regulations to waive the requirement to dedicate right-of-way and to install curb, gutter, sidewalk, street light conduit, water and sewer for the western 1,980 feet of the east-west section line highway located in the SE1/4 of Section 25, T2N, R7E be approved; and, that the Variance to the Subdivision Regulations to waive the requirement to construct curb, gutter, sidewalk, street light conduit, water and sewer along the east 660 feet of the section line highway located in the SE1/4 of Section 25, T2N, R7E be approved with the following stipulations:

1. Upon submittal of a Preliminary Plat, road construction plans for the east 660 feet of the section line highway and Sun Ridge Road shall be submitted for review and approval. In particular, the road construction plans shall identify that the street(s) are located in a minimum 60 foot wide right-of-way and constructed with a minimum 24 foot wide paved surface. In addition, the road construction plans shall show a cul-de-sac bulb at the end of Sun Ridge Road with a minimum 96 diameter right-of-way and a minimum 76 foot diameter paved surface;
2. Upon submittal of a Preliminary Plat, road construction plans for the unnamed street located along the north lot line of Lot 2 shall be submitted for review and approval. In particular, the road construction plans shall identify that the street is located in a minimum 45 foot wide right-of-way and constructed with a minimum 20 foot wide paved surface; and,
3. Prior to City Council, the applicant shall sign a waiver of right to protest any future assessments for the improvements along the section line highway, the unnamed street and Sun Ridge Road.

Vote: (6 to 0 with Brown, Fast Wolf, Schmidt, Nash, Hadcock and Rodriquez voting yes and none voting no)