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, all necessary changes shall be made to the construction plans as identified on the red lined drawings. In addition, the red lined drawings shall be returned to the Growth Management Department;

2.

Prior to Preliminary Plat approval by the City Council, revised water plans shall be submitted for review and approval showing a connection to the low level water zone in lieu of the high level water zone as proposed. In addition, the plat document shall be revised to provide a minimum 20 foot wide public water easement as needed for any public waterlines;

3.

Prior to Preliminary Plat approval by the City Council, an addendum to the Traffic Impact Study shall be submitted for review and approval demonstrating that the eastern approach (Approach #9) should be signalized in lieu of the western approach (Approach #8) and shall identify what threshold will require the signalization or the construction plans shall be revised to show the signalization of the western approach as per the approved Traffic Impact Study;

4.

Upon submittal of a Final Plat application, surety shall be posted for the proposed traffic signal and/or the applicant shall enter into an agreement to install the signalized lights when warrants are met;

5.

Prior to Preliminary Plat approval by the City Council, a revised site plan shall be submitted for review and approval showing the existing and proposed infrastructure and grading on the eastern portion of Lot 5 and on the adjacent properties as required;

6.

Prior to Preliminary Plat approval by the City Council, road construction plans for the access easements shall be submitted for review and approval. In particular, the plans shall show the streets 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;

7.

Prior to Preliminary Plat approval by the City Council, the Vacation of Right-of-way request (File #09VR001) to vacate Sunnyside Avenue right-of-way shall be approved or road construction plans for Sunnyside Avenue shall be submitted for review and approval showing 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;

8.

Prior to Preliminary Plat approval by the City Council, the Vacation of Right-of-way request (File #09VR001) to vacate the western half of Cambell Street right-of-way shall be approved or road construction plans for Cambell Street shall be submitted for review showing the street located within 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;

9.

Prior to Preliminary Plat approval by the City Council, the plat document shall be revised to show the proposed area of Eglin Street to be vacated retained as a utility easement or the applicant shall relocate the existing 2 inch and 4 inch gas mains located within the right-of-way as per Montana Dakota Utility requirements;

10.

Prior to submittal of a Final Plat application, the plat document shall be revised to show the Cambell Street right-of-way and the east half of the section line highway retained as a public utility and drainage easement;

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.

VOTE: (6 to 0 to 1 with Brewer, Collins, Gregg, Marchand, Rolinger and Scull voting yes and none voting no and Waltman abstaining)