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

1.

Prior to Preliminary Plat approval by the Planning Commission, the applicant shall identify a building envelope on proposed Lot 6. In addition, the applicant shall demonstrate access to the building site across the Cyclone Irrigation Ditch and revise the Preliminary Plat accordingly if needed. If any changes are proposed to the Cyclone Irrigation Ditch, the applicant shall obtain approval from the Cyclone Irrigation Ditch Association;

2.

Prior to Preliminary Plat approval by the Planning Commission, an Exception shall be obtained to allow a lot twice as long as it is wide or the plat document shall be revised to comply with the length to width requirement;

3.

Prior to Preliminary Plat approval by the Planning Commission, an Erosion and Sediment Control Plan shall be submitted for review and approval;

4.

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;

5.

Prior to Preliminary Plat approval by the City Council, the applicant shall enter into an agreement with the City stipulating that prior to issuance of a Certificate of Occupancy, the upgrades to the Jolly Lane lift station shall be completed and accepted by the City;

6.

Prior to Preliminary Plat approval by the City Council, the applicant shall enter into an agreement with the City stipulating that prior to issuance of a Certificate of Occupancy, Phase One of Minnesota Street shall be completed and accepted by the City and the temporary access shall be closed or the applicant shall sign an “Assignment and Assumption” document to include Triple Z Real Estate Development LLLP as a party to the Developer’s Agreement approved with Tax Increment District Number 65;

7.

Prior to submittal of a Final Plat application, a contract shall be awarded for the construction of Phase One of Minnesota Street from the Elk Vale Road to the intersection of Marlin Drive, a rearage road, as per the Developer’s Agreement approved with Tax Increment District Number 65. In addition, surety shall be posted for the improvement;

8.

Prior to submittal of a Final Plat application, Marlin Drive right-of-way from Minnesota Street to Willowbend Drive shall be recorded either as a part of a Final Plat or as an H Lot;

9.

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;

10.

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

11.

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; and,

12.

Prior to Preliminary Plat approval by the City Council, construction plans for Elk Vale Road shall be submitted for review and approval showing the installation of curb, gutter, sidewalk, sewer and water or an Exception shall be obtained.