No. 10PL048 - Attic Subdivision

A request by Sperlich Consulting, Inc. for Larry and Gayle Motsick to consider an application for a Preliminary Plat on Lots A and B of Attic Subdivision, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot DS-2 Revised, Lot DS-3, Lot H-3, a portion of Lien Street right-of-way and a portion of the previously vacated section line right-of-way located in the SW1/4 of the SW1/4 and the SE1/4 of the SW1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1339 Deadwood Avenue.


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, construction plans for the existing driveway located on proposed Lot B extending to proposed Lot A shall be submitted for review and approval. In particular, the construction plans shall show the street located within a minimum 59 foot wide access easement or 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 or the site plan shall be revised to show the driveway being removed;

2.

Prior to Preliminary Plat approval by the City Council, a landscaping plan shall be submitted for review and approval demonstrating that the subdivision of the property continues to provide landscaping in compliance with the Landscape Ordinance or additional landscaping shall be provided or a Variance shall be obtained from the Zoning Board of Adjustment if needed;

3.

Prior to Preliminary Plat approval by the City Council, a site plan showing the location of the all existing signage shall be submitted for review and approval to determine if the proposed subdivision of the property creates any violations of the Sign Code Ordinance or the signage and/or plat shall be revised as needed or an Exception shall be obtained to allow an off-premise sign as a result of platting the property;

4.

Prior to Preliminary Plat approval by the City Council, water data with anticipated usage or service information shall be submitted for review and approval to determine if adequate supply and pressure is available for commercial and fire flows;

5.

Prior to Preliminary Plat approval by the City Council, estimated sanitary sewer flows shall be submitted for review and approval to determine that adequate sewer capacity is available;

6.

Prior to Preliminary Plat approval by the City Council, an Approach Permit shall be obtained from the South Dakota Department of Transportation. In addition, the plat document shall be revised to show the approved approach location(s). If the South Dakota Department of Transportation approves the existing approach locations then an Exception shall be obtained from the City to allow a 40 foot wide approach to Lot A and Lot B, respectively, or the two existing approaches shall be revised to provide a maximum 28 foot width. The plat document shall also be revised to show a non-access easement along Deadwood Avenue except for the approved approach location(s);

7.

Prior to Preliminary Plat approval by the City Council, a Vacation of Right-of-way petition shall be signed by the adjacent property owners for the proposed vacation of a portion of Lien Street or the plat document shall be revised to show retaining Lien Street as right-of-way. In addition, written documentation shall be submitted from all of the affected utility companies indicating concurrence with the proposed vacation of this portion of Lien Street right-of-way. If the Lien Street right-of-way is retained, then construction plans shall be submitted for review and approval 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;

8.

Prior to Preliminary Plat approval by the City Council, construction plans for Deadwood Avenue showing a sidewalk along both sides of the street shall be submitted for review and approval or an Exception shall be obtained to waive the requirement;

9.

Prior to Preliminary Plat approval by the City Council, an Erosion and Sediment Control Plan in compliance with the adopted Stormwater Quality Manual shall be submitted for review and approval if subdivision improvements are required. In addition, an Erosion and Sediment Control Permit shall be obtained prior to any construction;

10.

Prior to Preliminary Plat approval by the City Council, a grading plan and a drainage plan shall be submitted for review and approval if subdivision improvements are required;

11.

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

12.

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;

13.

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

14.

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. 


VOTE: (10 to 0 with Braun, Christianson, Gregg, Kinniburgh, Landguth, Marchand, Popp, Rippentrop, Rolinger and Wyss voting yes and none voting no)