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

1.

Prior to Preliminary Plat approval by the City Council, the plat document shall be revised to reconfigure Lot 2 eliminating the unusable reserve strip or a Variance to the Subdivision Regulations shall be obtained to allow an unusable reserve strip;

2.

Prior to Preliminary Plat approval by the City Council, sewer plans prepared by a Registered Professional Engineer showing the extension of sanitary sewer mains and service lines shall be submitted for review and approval or a Variance to the Subdivision Regulations shall be obtained. If individual on-site wastewater systems are utilized, then an on-site wastewater plan prepared by a Professional Engineer demonstrating that the soils are suitable for on-site wastewater systems shall be submitted for review and approval;

3.

Prior to Preliminary Plat approval by the City Council, water plans prepared by a Registered Professional Engineer showing the extension and/or existing water mains shall be submitted for review and approval or a Variance to the Subdivision Regulations shall be obtained. If a private water system is utilized, then an on-site water plan prepared by a Professional Engineer shall be submitted for review and approval. In addition, the water plans shall demonstrate that adequate fire and domestic flows are being provided. The plat document shall also be revised to provide utility easements as needed;

4.

Prior to Preliminary Plat approval by the City Council, street construction plans for N. 44 th Street shall be submitted for review and approval. In particular, the street 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.

Prior to Preliminary Plat approval by the City Council, a Comprehensive Plan Amendment to the Major Street Plan relocating N. 44 th Street as proposed shall be approved or the plat document shall be revised to comply with the adopted plan. In addition, centerline and edge of right-of-way line profiles for the street shall be submitted for review and approval to ensure that it is feasible to construct the street in the proposed location;

6.

Prior to Preliminary Plat approval by the City Council, street construction plans for the 40 foot wide right-of-way located along the east lot line of the property shall be submitted for review and approval. In particular, the street shall be located in a minimum 59 foot wide right-of-way 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. In addition, the plat document shall be revised to show the dedication of 9.5 additional feet of right-of-way;

7.

Prior to Preliminary Plat approval by the City Council, street construction plans for Meadowwood Drive shall be submitted for review and approval. In particular, the street shall be located in a minimum 49 foot wide right-of-way and constructed with a minimum 24 foot wide paved surface, curb, gutter, sidewalk, street light conduit, water and sewer or a Variance to the Subdivision Regulations shall be obtained. In addition, the construction plans shall show the cul-de-sac bulb located within a minimum 110 foot diameter right-of-way and a minimum 96 foot diameter paved surface or a Variance to the Subdivision Regulations shall be obtained;

8.

Prior to Preliminary Plat approval by the City Council, street construction plans for the section line highway shall be submitted for review and approval. In particular, the street shall be located in a minimum 45 foot wide right-of-way and constructed with a minimum 20 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 section line highway shall be vacated. The adjacent property owner(s) shall sign the petition(s) to vacate the section line highway or a Variance to the Subdivision Regulations shall be obtained to allow half a right-of-way;

9.

Prior to Preliminary Plat approval by the City Council, an Erosion and Sediment Control Permit in compliance with the adopted Stormwater Quality Manual shall be submitted for review and approval if subdivision improvements are required or site grading is proposed;

10.

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

11.

Prior to Preliminary Plat approval by the City Council, a grading and drainage plan shall be submitted for review and approval if subdivision improvements are required or site grading is proposed. In addition, a Floodplain Development Permit shall be obtained prior to any construction within the 100 year Federally designated Floodplain;

12.

Prior to submittal of a Final Plat application, the plat document shall be revised to exclude the improvement identified as “an existing well” located on proposed Lot 3 from the Major Drainage Easement or the improvement shall be abandoned or surety shall be posted for the abandonment requiring the structure to be removed within two years;

13.

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;

14.

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

15.

The approved Preliminary 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.