No. 03SV019 - Heartland Retail Center - One
A request by Dream Design International, Inc. to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer, and water along Elk Vale Road as per Chapter 16.16 of the Rapid City Municipal Code on a parcel of land located in a portion of the NW1/4 NW1/4 of Section 34 and a portion of the SW1/4 SW1/4 of Section 27, all in T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, being more particularly described as follows: Beginning at the point being the intersection of the south line of said NW1/4 NW1/4 of Section 34 and the easterly right-of-way line of N. Elk Vale Rd., thence N00º01’02”W, 847.24 feet to the True Point of Beginning; Thence continuing along said easterly right-of-way line, N00º01’02”W, 653.99 feet to a point lying on a curve concave to the Northwest and whose chord bears N71º37’58”E, 744.25 feet; thence easterly along the arc of said curve to the left whose radius is 5829.58 feet and whose central angle is 07º19’11”, an arc length of 744.76 feet to a point on said curve; thence S00º08’25”W, 462.78 feet; thence S89º51’35”E, 50.67 feet; thence S00º08’25”W, 100.00 feet; thence N89º51’35”W, 293.71 feet; thence S00º08’25”W, 326.18 feet; thence S89º58’58”W, 460.92 feet to the True Point of Beginning, more generally described as being located east of North Elk Vale Road on Columbia Boulevard.

Staff recommends that the Variance to the Subdivision Regulations be continued to the June 16, 2003 City Council meeting as the stipulations of approval have not been met.

PLANNING COMMISSION RECOMMENDATION:
 Planning Commission recommended that the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer, and water along Elk Vale Road be approved with the following stipulations:

Engineering Division Recommendations:
1. Prior to City Council approval, construction plans shall be submitted for review and approval showing a water line extending along Elk Vale Road or surety shall be posted for the design and construction of the water line; and,
2. Prior to City Council approval, the applicant shall sign a Waiver of Right to Protest a future assessment project for the construction of curb, gutter, sidewalk, street light conduit and sewer along Elk Vale Road as it abuts the subject property.


Vote: (6 to 0 with Mashek, Prairie Chicken, Schmidt, Stone, Wall and Wevik voting yes and none voting no)