No. 05SV078 - Section 35, T1N, R7E

A request by BFA, Inc. for Wal-Mart Stores, 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 and additional pavement and to waive the requirement to dedicate additional Right-of-Way as per Chapter 16.16 of the Rapid City Municipal Code 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.


PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommended that the Variance to the Subdivision Regulations to waive the requirement to provide additional pavement along U.S. Highway 16 be tabled;

That the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along U.S. Highway 16 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, street light conduit, water and sewer and to dedicate additional right-of-way along the internal access easement be approved with the following stipulation:

1.

Upon submittal of a Final Commercial Development Plan, pedestrian access shall be provided through the site, lighting shall be provided throughout the parking lot and along the access easement as needed, a separation shall be provided between the access easement and the parking area and utilities shall be extended as needed to serve proposed Lot 2 as well as adjacent Lots 1, 3 and 4;

That the Variance to the Subdivision Regulations to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along the existing Sammis Trail be approved with the following stipulations:

1.

The first 220 feet of Sammis Trail as it extends south from the intersection of the new Sammis Trail and the rearage road shall be constructed with a minimum 26 foot wide paved surface; and,

2.

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


VOTE: (4 to 2 with Anderson, Andrews, Brewer, and Landguth voting yes and Fast Wolf, Hennies, voting no)