No. 05SV083 - West River Electric Association Subdivision

A request by FMG Engineering for West River Electric Assn. to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement and to waive the requirement to dedicate Right-of-Way as per Chapter 16.16 of the Rapid City Municipal Code on a tract of land located in the NE1/4 of NW1/4 of Section 9, T1N, R8E, BHM, and in the NW1/4 of NE1/4 of Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: Commencing at a point which is a 5/8” rebar with 2” survey cap marked “D.O.T.” marking the southwest corner of Lot A Less Lot H1 of NE1/4 of NW1/4 of Johnson School Subdivision, in the NE1/4 of NW1/4 of Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, Thence N29º28’44"E a distance of 172.23’, more or less, to a point, said point being a 5/8” rebar with 2” survey cap marked “D.O.T.”, on the east right of way line of Elk Vale Road; Thence N69º32’35”E a distance of 106.73’, more or less, to a point, said point being a 5/8” rebar with 2” survey cap marked “D.O.T.”, on the east right of way line of Elk Vale Road; Thence N18º20’21”E a distance of 174.21’, more or less, to a point, said point being a 5/8” rebar with 2” survey cap marked “D.O.T.”, on the east right of way line of Elk Vale Road; Thence N29º29’52”E a distance of 615.05’, more or less, to a point on the section line between Section 9, T1N, R8E, BHM and Section 4, T1N, R8E, BHM, said point being a 5/8” rebar with 2” survey cap marked “D.O.T.”, on the northwest corner of Lot 3 Less Lot H1 of Block 2 of Johnson School Subdivision; Thence N89º48’18”E a distance of 382.99’, more or less, to a point on the section line between Section 9, T1N, R8E, BHM and Section 4, T1N, R8E, BHM; Thence southwesterly on a curve to the left with a radius of 167.85’ and an arc length of 267.88’, with a chord bearing S27º52’22”W and a distance of 240.34’, more or less, to a point; Thence S28º46’44”E a distance of 62.63’, more or less, to a point; Thence southwesterly on a curve to the right with a radius of 149.97’ and an arc length of 104.99’, with a chord bearing S01º28’08”W a distance of 102.86’, more or less, to a point; Thence S21º31’29”W a distance of 222.14’, more or less, to a point; Thence S24º42’12”W a distance of 40.23’, more or less, to a point; Thence S71º23’31”E a distance of 12.58’, more or less, to a point; Thence S21º23’15”W a distance of 153.47’, more or less, to a point; Thence S21º18’43”W a distance of 106.02’, more or less, to a point; Thence S21º18’54”W a distance of 66.04’, more or less, to a point; Thence S21º25’00”W a distance of 388.69’, more or less, to a point; Thence N51º26’00”W a distance of 255.41’, more or less, to a point, said point being a 5/8” rebar marking the southwest corner of Lot 2 of Lot D of the NW1/4 of the NE1/4 of Section 9, T1N, R8E, BHM; Thence N51º27’40”W a distance of 128.62’, more or less, to a point, said point being a 1/2” rebar marking the southwest corner of Lot B of Lot 1 of Lot D of the NW1/4 of the NE1/4 of Section 9, T1N, R8E, BHM; Thence N51º23’47”W a distance of 95.89’, more or less, to a point, said point being a 1” pipe marking the southwest corner of Lot A of Lot 1 of Lot D of the NW1/4 of the NE1/4 of Section 9, T1N, R8E, BHM; Thence N51º33’53”W a distance of 151.26’, more or less, to the point of beginning. Said area includes 12.988 acres, more or less, more generally described as being located east of Elk Vale Road and north of Highway 44 and west of Twilight Drive.


Staff recommends that the Subdivision Variance be continued to the February 20, 2006 City Council 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, water and sewer along Elk Vale Road be approved with the following stipulation:

1.

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

That the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk and street light conduit along S.D. Highway 44 be approved with the following stipulation:

1.

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

That the Variance to the Subdivision Regulations to waive the requirement to install additioanl pavement along Twilight Drive be tabled;

That the Variance to the Subdivision Regulations to waive the requirement to install street light conduit along Twilight Drive be approved with the following stipulation;

1.

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

That the Variance to the Subdivision Regulations to waive the requirement to install sidewalk along Twilight Drive be denied;

That the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement be denied; and,

That the Variance to the Subdivision Regulations to allow platting half a right-of-way be approved.


VOTE: (9 to 0 with Andrews, Brennaise, Brewer, Brown, Fast Wolf, Landguth, LeMay, Prairie Chicken, Schmidt and Waltman voting yes and none voting no)