STAFF RECOMMENDATION:
Staff recommends that the Preliminary Plat be continued to the December 1, 2008 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 City Council approval of the Preliminary Plat, the plat document shall be revised to show the dedication of two additional feet of right-of-way along West Kansas City Street or a Variance to the Subdivision Regulations shall be obtained;

2.

Prior to City Council approval of the Preliminary Plat, the applicant shall demonstrate that a minimum of 100 feet of right-of-way exists along Jackson Boulevard or the plat document shall be revised to show the dedication of 17 ½ additional feet of right-of-way or a Variance to the Subdivision Regulations shall be obtained;

3.

Prior to City Council approval of the Preliminary Plat, water and sewer plans prepared by a Registered Professional Engineer showing the relocation of the service lines to the individual lots shall be submitted for review and approval or an Exception shall be obtained to allow a water and/or sewer service line to cross another lot. In addition, the sewer plans shall show the relocation of the sewer main from under the Days Inn Motel structure or the applicant shall enter into an agreement with the City to hold the City harmless from any damages resulting in the location of the sewer main and to provide maintenance for this portion of the sewer main;

4.

Prior to City Council approval of the Preliminary Plat, the plat document shall be revised to show an access easement along the common lot between the two proposed lots. In addition, construction plans shall be submitted for review and approval showing the easement with a minimum 59 foot width 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;

5.

Prior to City Council approval of the Preliminary Plat, construction plans for the existing 24 foot wide access and utility easement located along the west lot line shall be submitted for review and approval. In particular, the plans shall show the easement with a minimum 59 foot width and 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;

6.

Prior to City Council approval of the Preliminary Plat, the applicant shall submit a parking plan identifying that adequate parking is being provided on each lot or a Variance to the Zoning Ordinance shall be obtained;

7.

Prior to City Council approval of the Preliminary Plat, an Exception shall be obtained to allow the pole sign for the Days Inn Motel to be located on the Burger King Tract or the plat document shall be revised to show the sign on the same lot as the use or the sign shall be removed;

8.

Prior to submittal of a Final Plat application, the plat document shall be revised to show non-access easements along West Kansas City Street and Jackson Boulevard except for the existing driveway location(s);

9.

Prior to submittal of a Final Plat application, the applicant shall clarify if the new legal description will be “Days Inn Tract and Burger King Tract of Trijowinn Subdivision (formerly Lot 2 of the Trijowinn Subdivision) located in…” or “Days Inn Tract and Burger King Tract (formerly Lot 2 of the Trijowinn Subdivision) located in …” In addition, the plat document shall be revised accordingly;

10.

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

11.

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

12.

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