No. 06SV071 - Fountain Springs Business Park

A request by CETEC Engineering Services, Inc. for Franklin O. Simpson to consider an application for a Variance to the Subdivision Regulations to reduce the pavement width from 40 feet to 24 feet along N. Plaza Drive, to reduce the pavement width from 26 feet to 24 feet along Fountain Plaza Drive and to waive the requirement to install curb, gutter, sidewalk and street light conduit as per Chapter 16.16 of the Rapid City Municipal Code on Tract P of Fountain Springs Business Park and dedicated public right-of-way located in the S1/2 NE1/4 and the N1/2 SE1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the S1/2 NE1/4, south of I90 and the N1/2 SE1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: commencing at the northeast corner of Tract L of Fountain Springs Business Park Thence S63º36’03”E 71.35 feet to the true point of beginning; Thence S77º20’21”E 464.75 feet along the 83 foot Right-of-way of North Plaza Drive to a point; Thence S12º39’39”W 398.51 feet to a point; Thence S48º33’44”W 190.08 feet to a point; Thence S89º22’32”W 217.00 feet to a point on the Right-of-way of Fountain Plaza Drive; Thence N00º37’28”W 611.03 feet along said Right-of-way to the beginning of a curve concave to the East having a radius of 251.57 feet; Thence northeasterly 7.85 feet along said curve to the true point of beginning, more generally described as being located southeast of the intersection of Plaza Drive and Fountain Plaza Drive.


PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommended that the Variance to the Subdivision Regulations to waive the requirement to install sidewalk along North Plaza Drive and Fountain Plaza Drive be denied without prejudice; and,

That the Variance to the Subdivision Regulations to reduce the pavement width from 40 feet to 24 feet along North Plaza Drive, to reduce the pavement width from 26 feet to 24 feet along Fountain Plaza Drive and to waive the requirement to install curb, gutter and street light conduit along North Plaza Drive and Fountain Plaza 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.


VOTE: (8 to 0 to 1 with Brewer, Brown, Gregg, Hennies, Landguth, LeMay, Runde and Waltman voting yes and none voting no and Collins abstaining)