No. 08PL125 - East Mall Business Center Subdivision

A request by Ferber Engineering Co., Inc. for FMLC, Inc. to consider an application for a Layout Plat on Lots 1 and 2 of Block 5 of East Mall Business Center Subdivision and dedicated public right-of-way for East North Street, Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the SE1/4 north of Interstate 90 less Tract A of the NE¼ SE¼ and less lots H5, H6, H7, H8 and H9 but including that part of vacated East Mall Drive being part of the outside edge of Lot H5; and part of the SW¼ north of Interstate 90 including vacated East Mall Drive within said SW¼ and less Lot 1 of NE¼ SW¼ and less Lots 1 and 2 of NW¼ SW¼ and less Lot H5 and less lot H8; and part of Lot 1 of the NE¼ SW ¼ including vacated East Mall Drive within said Lot 1 and less Lot H7; and part of NW¼ including vacated East Mall Drive within said NW¼ less Lots AR, B, C and less E½ NE¼ NW¼ and less E½ NW¼ NE¼ NW¼ and less Lots H2 and H4; and part of Lot C of NW¼ less Lot H3 and less Lot H1; and part of Lot 1 of Silver Strike Subdivision; and all located in Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located northwest of the intersection of East North Street and East Mall Drive.

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

1.

Upon submittal of a Preliminary Plat application, a drainage and grading plan, must be submitted for review and approval. In addition, the plat document must be revised to provide drainage easements as necessary;

2.

Upon submittal of the Preliminary Plat application, a sewer plan prepared by a Registered Professional Engineer showing the extension of sanitary sewer mains, manholes and service lines shall be submitted for review and approval or a Variance to the Subdivision Regulations must be obtained;

3.

Upon submittal of the Preliminary Plat application, water system plans prepared by a Registered Professional engineer verifying the source and demonstrating that sufficient quantities for domestic and fire flows shall be submitted for review and approval or a Variance to the Subdivision Regulations shall be obtained;

4.

Upon submittal of the Preliminary Plat application, road construction plans for East Mall Drive shall be submitted for review and approval or a Variance to the Subdivision Regulations shall be obtained. In particular, the road shall be located in a minimum 100 foot wide right-of-way and constructed with a minimum 36 foot wide paved surface, curb, gutter, sidewalk, street light conduit, water and sewer or a Variance to the Subdivision Regulations shall be obtained;

5.

Upon submittal of the Preliminary Plat application, road construction plans for East North Street shall be submitted for review and approval or a Variance to the Subdivision Regulations shall be obtained. In particular, the road shall be located in a minimum 100 foot wide right-of-way and constructed with a minimum 36 foot wide paved surface, curb, gutter, sidewalk, street light conduit, water and sewer or a Variance to the Subdivision Regulations shall be obtained;

6.

Upon submittal of the Preliminary Plat application, the plat document shall be revised to show the required non-access easements except at the approved approach locations;

7.

Upon submittal of the Preliminary Plat application, a different road name shall be submitted for review and approval for East North Street;

8.

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

9.

Prior to Preliminary Plat approval by City Council, an Erosion and Sediment Control Permit in compliance with the adopted Stormwater Quality Manual shall be submitted for review and approval;

10.

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

11.

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

12.

The approved Layout 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: (7 to 0 with Anderson, Brewer, Derby, Hennies, Marchand, Rolinger and Scull voting yes and none voting no)