No. 05RZ047 - Section 35, T1N, R7E (Wal-Mart 2nd Addition)
A request by Buescher Frankenberg Associates for Wal-Mart Stores, Inc. to consider an application for a Rezoning from General Agriculture District to General Commercial District on a tract of land located in Sections 34 and 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the northeast corner of the NW¼ of NW¼ of Section 35, T1N, R7E, BHM, Pennington County, South Dakota, a ½ inch pipe, thence S00º02’58”E along the section 1/16 line, a distance of 868.95 feet to the Point of Beginning; Thence first course: S00º02’58”E along the section 1/16 line, a distance of 467.74 feet to the southeast corner of the NW¼ of NW¼ of Section 35, T1N, R7E, BHM, a 5/8” rebar w/cap “4225”; Thence second course: S00º02’58”E along the section 1/16 line a distance of 1331.33 feet to a 5/8” rebar w/cap “4225”, which is the southeast corner of the SW¼ of NW¼ of Section 35, T1N, R7E, BHM; Thence third course: N89º24’46”W along the east-west Section ¼ line of same Section 35, a distance of 1326.32 feet to a 5/8” rebar w/cap “4225” which is the west Section ¼ corner of Section 35, T1N, R7E, BHM; Thence fourth course: S89º42’51”W, a distance of 104.64 feet along the east-west Section ¼ line of Section 34, T1N, R7E, BHM to a 5/8” rebar w/cap “4225” located on the east right of way line of South Dakota Highway 16 and the beginning of a nontangent curve, concave to the northwest, having a radius of 2492.00 feet, a delta angle of 15º55’17”, a chord bearing of N15º16’33”E, and a chord length of 690.25 feet; Thence fifth course: Northeasterly along said curve and the east right of way of South Dakota Highway 16, through an angle of 15º55’17”, and an arc length of 692.47 feet to a 5/8” rebar w/cap “4225” which is the beginning of a nontangent line; Thence sixth course: N82º41’04”W along the east right of way of South Dakota Highway 16, a distance of 50.00 feet to a 5/8” rebar w/cap “4225”; Thence seventh course: N07º18’56”E along the east right of way line of South Dakota Highway 16, a distance of 658.85 feet to a 5/8” rebar w/cap “4225”; Thence eighth course: N07º18’56”E, along the east right of way line of South Dakota Highway 16, a distance of 598.55 feet; Thence ninth course: S83º18’29”E a distance of 1144.76 feet to the Point of Beginning, all located in the W½ of the NW¼ of Section 35, T1N, R7E, BHM, and in the SE¼ of the NE¼ of Section 34, T1N, R7E, BHM, Pennington County, South Dakota. Said parcel contains 53.717 acres, more or less.


Staff recommends that the Rezoning from General Agriculture District to General Commercial District be continued to the February 6, 2006 City Council meeting as the stipulation of approval has not been met.

PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommended that the Rezoning from General Agriculture District to General Commercial District be approved in conjunction with the Initial Planned Commercial Development for the 45.770 acres located north of the new Sammis Trail right-of-way legally described as a tract of land located in Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the northeast corner of the NW¼ of NW¼ of Section 35, T1N, R7E, BHM, Pennington County, South Dakota, a ½ inch pipe, thence S00º02’58”E along the section 1/16 line, a distance of 868.95 feet to the Point of Beginning; Thence first course: S00º02’58”E along the section 1/16 line, a distance of 467.74 feet to the southeast corner of the NW¼ of NW¼ of Section 35, T1N, R7E, BHM, a 5/8” rebar w/cap “4225”; Thence second course: S00º02’58”E along the section 1/16 line a distance of 1331.33 feet to a 5/8” rebar w/cap “4225”, which is the southeast corner of the SW¼ of NW¼ of Section 35, T1N, R7E, BHM; Thence third course: N89º24’46”W along the east-west Section ¼ line of same Section 35, a distance of 626.98 feet to a point on the south edge of proposed Sammis Trail and the beginning of a nontangent curve, concave to the northeast, having a radius of 427.00 feet, a delta angle of 23º34’48”, a chord bearing of N37º36’06”W, and a chord length of 174.49 feet; Thence fourth course: Northwesterly along said curve and the south edge of proposed Sammis Trail, through an angle of 23º34’48”, and an arc length of 175.73 to the beginning of a tangent line; Thence fifth course: N25º48’42”W, along the south edge of proposed Sammis Trail, a distance of 414.39 feet to the beginning of a tangent curve, concave to the southwest, having a radius of 481.20 feet, a delta angle of 56º52’22”, a chord bearing of N54º14’53”W, and a chord length of 458.28 feet; to the beginning of a nontangent line and the east right of way line of South Dakota Highway 16; Thence sixth course: N07º18’56”E, along the east right of way line of South Dakota Highway 16, a distance of 557.85 feet to a 5/8” rebar w/cap “4225”; Thence seventh course: N07º18’56”E along the east right of way line of South Dakota Highway 16, a distance of 598.55 feet; Thence eighth course: S83º18’29”E a distance of 1144.76 feet to the Point of Beginning, all located in the W½ of the NW¼ of Section 35, T1N, R7E, BHM, Pennington County, South Dakota. Said parcel contains 45.770 acres, more or less; and, the Planned Development Designation for the 7.947 acres located south of the new Sammis Trail right-of-way legally described as a p arcel of land located in Sections 34 and 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota more fully described as follows: COMMENCING at the southeast corner of the SW1/4 of NW1/4 of Section 35, T1N, R7E, BHM, Pennington County, South Dakota, a rebar w/cap “4225”, thence N89 ° 24’46”W along the section 1/4 line, a distance of 626.98 feet to the Point of Beginning; THENCE FIRST COURSE: N89 ° 24’46”W along the east-west Section ¼ line of same Section 35, a distance of 699.34 feet to a 5/8” rebar w/cap “4225” which is the west Section ¼ corner of Section 35, T1N, R7E, BHM; THENCE SECOND COURSE: S89 ° 42’51”W, a distance of 104.64 feet along the east-west Section ¼ line of Section 34, T1N, R7E, BHM to a 5/8” rebar w/cap “4225” located on the east right of way line of South Dakota Highway 16 and the beginning of a nontangent curve, concave to the northwest, having a radius of 2492.00 feet, a delta angle of 15 ° 55’17”, a chord bearing of N15 ° 16’33”E, and a chord length of 690.25 feet; THENCE THIRD COURSE: Northeasterly along said curve and the east right of way of South Dakota Highway 16, through an angle of 15 ° 55’17”, and an arc length of 692.47 feet to a 5/8” rebar w/cap “4225” which is the beginning of a nontangent line; THENCE FOURTH COURSE: N82 ° 41’04”W along the east right of way of South Dakota Highway 16, a distance of 50.00 feet to a 5/8” rebar w/cap “4225; THENCE FIFTH COURSE: N07 ° 18’56”E along the east right of way line of South Dakota Highway 16, a distance of 101.00 feet to a nontangent curve on the south edge of proposed Sammis Trail, concave to the southwest, having a radius of 481.20, a delta angle of 56 ° 52’22”, a chord bearing of S54 ° 14’53”E, and a chord length of 458.28 feet; THENCE SIXTH COURSE: Southeasterly along said curve and the south edge of proposed Sammis Trail, through an angle of 56 ° 52’22” and an arc length of 477.65 feet to the beginning of a tangent line; THENCE SEVENTH COURSE: S25 ° 48’42”E along the south edge of proposed Sammis Trail, a distance of 414.39 feet to the beginning of a tangent curve, concave to the northeast, having a radius of 427.00 feet, a delta angle of 23 ° 34’48”, a chord bearing of S37 ° 36’06”E, and a chord length of 174.49 feet; THENCE EIGHTH COURSE: Southeasterly along said curve and the south edge of proposed Sammis Trail, through an angle of 23 ° 34’48” and an arc length of 175.73 feet to the Point of Beginning, all located in the W½ of the NW¼ of Section 35, T1N, R7E, BHM, and in the SE¼ of the NE¼ of Section 34, T1N, R7E, BHM, Pennington County, South Dakota. Said parcel contains 7.947 acres, more or less.

VOTE: (5 to 3 with Anderson, Andrews, Brewer, Landguth, and Schmidt voting yes and Fast Wolf, Hennies and LeMay voting no)