STAFF RECOMMENDATION:
Staff recommends that the Variance to the Subdivision Regulations be continued to the May 5, 2008 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 and street light conduit along Catron Boulevard, to install curb, gutter, water and street light conduit along S.D. Highway 16 Service Road and to install sidewalk along both sides of Catron Boulevard and U.S. Highway 16 Service Road be approved with the following stipulations:

1.

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

2.

A sidewalk shall be provided along the west side of U.S. Highway 16 Service Road and the south side of Catron Boulevard; and,

If the Planning Commission finds it is appropriate to delay the submission of sanitary sewer plans until submission of the Final Commercial Development Plan, then the Variance to the Subdivision Regulations to waive the requirement to provide sewer service to the property as per Chapter 16.16 of the Rapid City Municipal Code may be approved with the following stipulations:

1.

Prior to City Council approval, an agreement shall be recorded at the Register of Deed’s Office stating that no building permits shall be issued for the property until adequate sewer capacity is demonstrated to serve the property; and,

2.

Prior to approval of a Final Commercial Development Plan, a sanitary sewer study and sanitary sewer construction plans shall be submitted for review and approval.