No. 05SV004 - Stoney Creek South No. 2 Subdivision
A request by FMG Engineering for Belgarde Enterprises to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install sewer, curb, gutter and sidewalk along Catron Boulevard as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1 of Stoney Creek South No. 2 Subdivision, located in the E1/2 of the SW1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as that part of the E1/2 of the SW1/4 of Section 22, T1N, R7E, of the Black Hills Meridian, Rapid City, Pennington County, South Dakota, that lies within the following description:  Commencing at a rebar with survey cap marked “1019” at the Center-South-South 1/64 corner of Section 22; thence S00 12'36"E, 152.63 feet to a point; thence West, 726.50 feet to a point; thence N64 41'13"W, 267.41 feet to a point; said point being the intersection with a non-tangent curve, the radius point of said curve bears S53 20'07"W, 226.00 feet from said intersection, said curve having a central angle of 16 17’27”; thence Northwesterly, 64.26 feet along arc of said curve, said curve having a chord bearing of N44 48'37"W, and chord distance of 64.04 feet, to a point of tangency; thence N52 57'20"W, 189.40 feet to a point; said point being the point of curvature of a curve to the right having a central angle of 52 57’20” and radius of 174.00 feet; thence Northwesterly and Northerly, 160.82 feet along arc of said curve, said curve having a chord bearing of N26 28'40"W, and a chord distance of 155.16 feet, to a point of tangency; thence North, 187.01 feet to a point; said point being the intersection with a non-tangent curve, the point of said curve bears N04 15'00"W, 92.00 feet from said intersection, said curve having a central angle of 35 45’00”; thence Easterly and Northeasterly, 57.40 feet along arc of said curve, said curve having a chord bearing of N67 52'30"E, and a chord distance of 56.48 feet, to a point of tangency; thence N50 00'00"E, 64.59 feet to a point; said point being the point of curvature of a curve to the right having a central angle of 10 02’46” and radius of 208.00 feet; thence Northeasterly, 36.47 feet along arc of said curve, said curve having a chord bearing of N55 01'23"E, and a chord distance of 36.42 feet, to a point; thence North, 173.49 feet to a point; thence East, 550.47 to a point; thence N26 24'26"E, 82.06 feet to a point on the south Right-Of-Way line of Catron Boulevard; thence S63 35'34"E, 317.69 feet along the south Right-Of-Way line of Catron Boulevard to a 5/8” rebar; said rebar being the intersection with a non-tangent curve, the radius point of said curve bears S26 24'37"W, 2230.97 feet from said intersection, said curve having a central angle of 6 46’27”; thence Southeasterly, 263.77 feet along arc of said curve, said curve having a chord bearing of S60 12'09"E, and a chord distance of 263.62 feet, to a 5/8” rebar with survey cap marked “FMG Inc. LS SD 6119”, said rebar being on the south Right-Of-Way line of Catron Boulevard; thence S00 08'29"E, 505.50 feet to a rebar with survey cap marked “1019” at the Center-South-South 1/64 corner of Section 22 at the point of beginning; all located within the E1/2 of the SW1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located southeast of the intersection of Catron Boulevard and Nugget Gulch Road.

Staff recommends that the Variance to the Subdivision Regulations be continued to the May 2, 2005 City Council meeting as the Waiver of Right to Protest any future assessments for the improvements has not been signed.

PLANNING COMMISSION RECOMMENDATION:

Planning Commission recommended that the Variance to the Subdivision Regulation to waive the requirement to install sewer along Catron Boulevard be denied and that the Variance to the Subdivision Regulation to waive the requirement to install curb, gutter, sidewalk and sanitary sewer along Catron Boulevard as per chapter 16.16 of the Rapid City Municipal Code be approved with the following stipulation:

1.

Prior to City Council approval, the applicant shall sign a waiver of right to protest any future assessments for the improvements.

VOTE: (6 to 0 with Anderson, Andrews, Brown, Fast Wolf, Hadcock and Schmidt voting yes and none voting no)