STAFF RECOMMENDATION:
Staff recommends that the Preliminary Plat be continued to the September 18, 2006 City Council meeting as the stipulations of approval have not been met.

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

1.

Prior to Preliminary Plat approval by the City Council, road construction plans for the 30 foot wide common access easement extending east from LaCrosse Street shall be submitted for review and approval. In particular, the road construction plans shall show the street located in a minimum 59 foot wide easement and constructed with a minimum 26 foot wide paved surface, curb, gutter, sidewalk, street light conduit, water and sewer or a Variance to the Subdivision Regulations shall be obtained or the common access easement shall be vacated;

2.

Prior to Preliminary Plat approval by the City Council, road construction plans for E. Mall Drive shall be submitted for review and approval showing the street constructed with a minimum 40 foot wide paved surface, curb, gutter, sidewalk, street light conduit, water and sewer or a Variance to the Subdivision Regulations shall be obtained or the applicant shall post surety for the design and construction of E. Mall Drive or the agreement between the City of Rapid City and the State of South Dakota shall be approved;

3.

Prior to Preliminary Plat approval by the City Council, the plat document shall be revised to show a 59 foot wide right-of-way for a commercial street along the east lot line of the subject. In addition, road construction plans for the street shall be submitted for review and approval. In particular, the construction plans shall show the street constructed with a minimum 26 foot wide paved surface, curb, gutter, sidewalk, street light conduit, water and sewer or a Variance to the Subdivision Regulations shall be obtained or surety shall be posted for the design and construction of the street;

4.

Prior to Preliminary Plat approval by the City Council, construction plans shall be submitted for review and approval showing a sidewalk along the north side of Disk Drive or a Variance to the Subdivision Regulations shall be obtained;

5.

Prior to Preliminary Plat approval by the City Council, water and sewer main(s) shall be constructed along E. Mall Drive or surety shall be posted for the design and construction of the utilities or the applicant shall enter into an agreement with the City for the design and construction of the utilities or the utilities shall be constructed and a District created before submittal of a Final Plat application or a Variance to the Subdivision Regulations shall be obtained. In addition, a request shall be submitted for review and approval by the City Council for any over sizing costs prior to Preliminary Plat approval;

6.

Prior to Preliminary Plat approval by the City Council, the plat document shall be revised to show a non-access easement along LaCrosse Street, with the exception of the common access easement, and E. Mall Drive as they abut Lot 1 of Block 1 or an Exception to allow access from the higher order street shall be obtained. In addition, a non-access easement shall be shown along E. Mall Drive as it abuts Lot 2 of Block 1 except for approved approach location(s);

7.

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

8.

Prior to submittal of a Final Plat application, the plat document shall be revised to show the 30 foot wide common access easement located along the south lot line of Lot 1 of Block 1;

9.

Prior to submittal of a Final Plat application, the plat document shall be revised to show a previously dedicated ten foot wide utility and drainage easement along all side and rear lot lines of Lot C of Lot L2 or the easement shall be vacated;

10.

Prior to submittal of a Final Plat application, the plat document shall be revised to show the book and page of the previously vacated March Avenue right-of-way. In addition, the plat document shall be revised to show the 30 foot wide utility easement previously recorded in the same location as the vacated March Avenue right-of-way;

11.

Prior to submittal of a Final Plat application, the plat document shall be revised to show the book and page of the previously recorded Lot H2;

12.

Prior to submittal of a Final Plat application, the plat document shall be revised to show the existing Lot H3 located at the intersection of E. Mall Drive and LaCrosse Street along a portion of the north lot line of the subject property;

13.

Prior to submittal of a Final Plat application, the formerly portion of the plat title shall be revised to read “Lot C of Lot L-2 of Marshall Heights Tract, less Lot H1 and W1/2…”. In addition, the plat title shall be revised to include “Tract G of Marshall Heights Subdivision No. 2 less Lot 1 of Tract G and Tract H and W1/2 of Vacated March Street”;

14.

Prior to submittal of a Final Plat application, the plat document shall be revised to correct the map scale to 1 inch = 200 feet; and,

15.

Upon submittal of a Final Plat application, surety for any required subdivision improvements that have not been designed and completed shall be posted and the subdivision inspection fees shall be paid.