No. 05SV084 - Canyon Springs Preserve

A request by Wyss Associates, Inc. for Canyon Springs, LLC 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 additional pavement as per Chapter 16.16 of the Rapid City Municipal Code on the balance of the N1/2 NW1/4, Section 26; a portion of the E1/2 SE1/4, Section 22; and a portion of the SW1/4 less Fire House Subdivision, less Lot H1 of the SE1/4 SW1/4 and less lot H2 all located in Section 23, T2N, R6E, BHM, Pennington County, South Dakota, more generally described as being located at 8885 Nemo Road.

Staff recommends that the Variance to the Subdivision Regulations be continued to the February 6, 2006 City Council meeting 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 Nemo 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, water and sewer along Spur 1-A and 2-F 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 sewer along Mainline 1, Spur 1-B, Spur 1-C, Spur 1-D, Spur 1-E, Spur 1-F, Spur 1-G, Spur 1-H, Spur 1-J, Spur 1-K, and Spur 1-L be approved with the following stipulations:

1.

Upon submittal of a Preliminary Plat application, the applicant shall submit construction plans showing a minimum five foot wide pedestrian walk-way throughout the development; and,

2.

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 additional pavement along Mainline 1 and Spur 1-A be denied; and,
That the Variance to the Subdivision Regulations to waive the requirement to install additional pavement along Spur 1-G, Spur 1-L and Spur 2-F be tabled at the applicant's request.

VOTE: (7 to 0 with Andrews, Brewer, Brown, Fast Wolf, Landguth, LeMay and Schmidt voting yes and none voting no)