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CITY of RAPID CITY Agenda Item Summary |
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Public Works Committee Meeting Date: 12.1.2015 |
City Council Meeting Date: 12.7.2015 |
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Staff Contact: Ted Johnson |
Petitioner: DDI, Inc. on behalf of Pat Hall |
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Location: Lots 1 and 2 of Tract A, Walpole Addition, S12, T1N, R7E (Fairmont and 3rd St.) |
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Agenda Title: |
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Request to waive the requirement to install sidewalk along Lots 1 and 2 of Tract A of Walpole Addition, and return sidewalk surety. |
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Summary: |
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The City received a request from Dream Design International, Inc., on the behalf of Pat Hall, to waive the requirement to install sidewalk adjacent to Lot 1 of Tract A (2800 3rd St.) and Lot 2 of Tract A (2910 3rd St.), and to return the sidewalk surety currently held by the City. Lot 1 (3.55 acres) is occupied by the Black Hills Regional Eye Institute and Lot 2 (1.45 acres) is currently undeveloped. In August 2001, a Preliminary and Final Plat, 01PL070, was approved to subdivide Tract A into Lots 1 and 2. Subdividing Tract A required the installation of several subdivision improvements, including sidewalk, in accordance with the City Ordinances in effect at that time. Black Hills Regional Eye Institute provided surety for sidewalk installation at the time of platting, and currently maintains a bond in the amount of $14,540.00 to guarantee the installation of the required sidewalk. In accordance with current Municipal Code 12.08.060, sidewalk is required along 3rd Street adjacent to Lot 1 of Tract A. Lot 1 of Tract A appears to fully developed by the BH Regional Eye Institute and if sidewalk installation is waived, there would be no means to require sidewalk in the future unless Lot 1 obtained a building permit to enlarge by more than 20% or by order of City Council. The Applicant has offered to execute a Waiver of Right to Protest for future assessment of the sidewalk installation but the execution of a WORP would not guarantee installation of sidewalk improvements due to the low probability of creating an assessed project along this portion of 3rd St., and the City’s Councils ability to order in sidewalk at any time. |
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Funding Source & Fiscal Impact (if applicable): |
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N/A |
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Recommendation: |
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City Staff cannot support waiving the requirement to install sidewalk along 3rd St. adjacent to Lot 1 of Tract 2 due to the property being final platted, fully developed and all required subdivision improvements, except sidewalk are in place. City Council, if it so choses, may require the installation of sidewalk along Lot 1, continue to hold surety for the improvement, or waive the requirement to install sidewalk along Lot 1. City Council should be aware that if the sidewalk installation is waived, there is little probability that sidewalk will ever be installed other than by being ordered in by City Council.
Staff would support deferring the requirement to install sidewalk along Lot 2 of Tract A until such time as a building permit is obtained for Lot 2, and in accordance with RCMC 12.08.060.
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City Council Options: |
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1. Require installation of sidewalk along 3rd Street adjacent to Lot 1 of Tract A and defer the installation of sidewalk adjacent to Lot 2 of Tract A at this time. 2. Continue to allow surety in lieu of installation of sidewalk adjacent to Lot 1 and defer the installation of sidewalk adjacent to Lot 2. 3. Waive the requirement to install sidewalk adjacent to Lot 1 or Lot 2 or both. |
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Attachments & Links: |
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