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

1.

Prior to submittal of a Preliminary Plat application, the property shall be rezoned by Pennington County from Limited Agriculture District to Low Density Residential District or a Variance to reduce the lot size from 10 acres to 4.99 acres in the Limited Agriculture District shall be obtained or the plat document shall be revised to provide a minimum 10 acre lot size;

2.

Upon submittal of a Preliminary Plat application, road construction plans for Nemo Road shall be submitted for review and approval. In particular, the road construction plans shall show the street located within 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. In addition, the plat document shall be revised to show the dedication of 10 feet of additional right-of-way or a Variance to the Subdivision Regulations shall be obtained;

3.

Upon submittal of a Preliminary Plat application, road construction plans for the section line highway located along the west lot line shall be submitted for review and approval. In particular, the road construction plans shall show the section line highway located within a dedicated 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. If the applicant proposes to vacate the section line highway, then all of the adjoining property owner(s) shall sign the petition to vacate the section line highway;

4.

Upon submittal of a Preliminary Plat application, road construction plans for the proposed 66 foot wide access easement shall be submitted for review and approval. In particular, the road construction plans shall show the street 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. If visitor parking is provided at the rate of one paved parking stall per dwelling located within 300 feet of each residence and the street is posted with no parking signs, then the street may be located in a minimum 45 foot wide right-of-way and constructed with a minimum 20 foot wide paved surface, curb, gutter, street light conduit, water and sewer or a Variance to the Subdivision Regulations shall be obtained. In addition, a turnaround shall be provided at the end of the street with a minimum 110 foot wide diameter easement or right-of-way and constructed with a minimum 96 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 submittal of a Preliminary Plat application, an Exception shall be obtained to allow the proposed 66 foot wide access easement as a 1,400 foot long cul-de-sac street without an intermediate turnaround in lieu of a maximum 500 foot long cul-de-sac street with an intermediate turnaround every 600 feet as per the Street Design Criteria Manual or the plat document shall be revised accordingly;

6.

Upon submittal of a Preliminary Plat application, road construction plans for Bittersweet Road shall be submitted for review and approval. In particular, the road construction plans shall show the street 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;

7.

Prior to submittal of a Preliminary Plat application, the plat document shall be revised to show a collector street extending through the northeast corner of the property as per the Major Street Plan or a Comprehensive Plan Amendment to the Major Street Plan shall be obtained to eliminate and/or relocate the street. In addition, upon submittal of a Preliminary Plat application, construction plans for the collector street shall be submitted for review and approval showing the street located within a minimum 60 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;

8.

Upon submittal of a Preliminary Plat application, 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. In addition, dry sewer mains shall be provided pursuant to the adopted Source Water Protection Study recommendation;

9.

Upon submittal of a Preliminary Plat application, water plans prepared by a Registered Professional Engineer showing the extension of 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;

10.

Prior to submittal of a Final Plat application, a reserve drainfield area for on-site wastewater treatment shall be shown on the plat or a note shall be placed on the plat indicating that at the time a Building Permit application is submitted, a reserve drainfield area for on-site wastewater treatment will be identified and held in reserve unless a public sewer system is provided;

11.

Prior to submittal of a Final Plat application, a Wild Fire Mitigation Plan shall be submitted for review and approval and the plan shall be implemented;

12.

Prior to submittal of a Final Plat application, the plat document shall be revised to show a non-access easement along Nemo Road;

13.

Prior to submittal of a Final Plat application, the plat document shall be revised to show a ten foot wide planting screen easement along Nemo Road or a Variance to the Subdivision Regulations shall be obtained. In addition, the planting screen easement shall not conflict with utility easement(s);

14.

Prior to submittal of a Preliminary Plat application, the plat document shall be revised to show a different name for the subdivision since Nelson Subdivision already exists;

15.

Upon submittal of a Preliminary Plat application, a grading and drainage plan shall be submitted for review and approval if subdivision improvements are required or site grading is proposed;

16.

Upon submittal of a Preliminary Plat application, a cost estimate of the subdivision improvements shall be submitted for review and approval;

17.

Upon submittal of a Final Plat application, the applicant shall submit proof of the legal entity which will provide the mechanism for street maintenance and snow removal. In particular, an agreement with Pennington County shall be submitted for review and approval indicating that the proposed street shall be accepted by Pennington County for road maintenance and snow removal, or evidence shall be submitted for review and approval that a road district has been established in accordance with SDCL 31-12A-1, or a legally binding agreement shall be submitted for review and approval by the City Council which guarantees sufficient financial commitment to provide these services;

18.

Upon submittal of a Final Plat application, the applicant shall submit proof of the legal entity with will provide the mechanism for maintenance and ownership of the well;

19.

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,

20.

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