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 Final Plat approval, the plat shall be signed by all of the affected property owners for the proposed vacation of the section line highway or the vacation of the section line highway shall be removed from the plat and the section line highway shall be properly labeled;

3.

Prior to Preliminary Plat approval by the City Council, the plat document shall be revised to include the adjacent property, Lot 4, Owen Hibbard Subdivision, or the vacation of the eastern three feet of the Promise Road right-of-way shall be submitted as a separate vacation of right-of-way request;

4.

Prior to Preliminary Plat approval by the City Council, the applicant shall demonstrate that the proposed intersection of Promise Road and Golden Eagle Drive provides adequate elevation to construct the future street connection of Golden Eagle Drive to the service road located in the U.S. Highway 16 right-of-way in accordance with American Association of State Highway and Transportation Officials;

5.

Prior to Preliminary Plat approval by the City Council, the construction plans shall be revised to show a “T” intersection between Vineyard Lane and Golden Eagle Drive located within the section line highway located along the south lot line. In addition, the plat document shall be revised to show the right-of-way for the “T” intersection if it is located outside of the section line highway;

6.

Prior to Preliminary Plat approval by the City Council, construction plans for the H Lot located along the west lot line shall be submitted for review and approval. In particular, the construction plan shall show the street 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;

7.

Prior to Preliminary Plat approval by the City Council, a grading plan showing any proposed grading, including cut and fill quantities shall be submitted for review and approval;

8.

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;

9.

Prior to Preliminary Plat approval by the City Council, the plat document shall be revised to show non-access easements in compliance with the Street Design Criteria Manual or an Exception shall be obtained as needed;

10.

Prior to Preliminary Plat approval by the City Council, the proposed decorative street light design shall be approved by the City Council or the design of the street lights shall be changed to a standard design;

11.

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

12.

Prior to Preliminary Plat approval by the City Council, the applicant shall identify the location of the proposed access street to Lot 1, Bendert Subdivision. In addition, the street shall be secured within a minimum 45 foot wide access easement 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. The applicant shall also demonstrate that access is being maintained to Lot 1, Bendert Subdivision during the construction phase of this project;

13.

Prior to submittal of a Final Plat application, the existing 40 foot wide access easement extending from Promise Road to Lot 1, Bendert Subdivision shall be vacated or the plat document shall be revised to insure that a building envelope exists on each of the proposed lots. If the 40 foot wide access easement is not vacated, then construction plans for the easement shall be submitted for review and approval showing the easement with a minimum 49 foot width 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;

14.

Prior to submittal of a Final Plat application, the plat document shall be revised to show the book and page for the previously recorded eastern 33 feet of Promise Road right-of-way located along the east lot line of the property;

15.

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;

16.

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

17.

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.