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Posted: March 14, 2017
Rapid City
Agenda Item Summary

Agenda Item Ref. #: PW031417-18

Agenda Item Title:

Appeal of Denial of Exception Request from KTM Design Solutions on Behalf of Watershed Development, LLC to Waive Pavement, Curb, Gutter, Sidewalk, Street Light Conduit, Water and Sewer in the Section Line Right-of-Way located along the Eastern Boundary of the Property (City File 17EX031).

Origination Group:
Public Works Committee
Origination Meeting Date:
03/14/2017
City Council Hearing Date:
03/20/2017
Petitioner:
KTM Design Solutions on Behalf of Watershed Development, LLC
Staff Contact:
Nicole Lecy, Project Engineer
Location:
Highpoint Ranch Subdivision, E1/2NE1/4SW1/4SE1/4 and SW1/4SE1/4, SE1/4SE1/4, Section 20, T1N, R7E, BHM, Rapid City, South Dakota.
Agenda Item Summary:
The petitioner applied for an exception request to waive the requirements to provide pavement, curb, gutter, sidewalk, street light conduit, water and sewer in the Section Line Highway Right-of-Way located along the eastern boundary of the Property (City File 17EX031). Staff has denied the exception request based on the following: Subdivision improvements including pavement, curb, gutter, sidewalk, street light conduit, water main and sewer main are required for all adjacent roadways during the platting process. The proposed Highpointe Ranch Subdivision is adjacent to a Section Line Right-of-Way on the east boundary for approximately 1280’, thus triggering subdivision improvements within the adjacent section line. The proposed lots within the Highpointe Ranch Subdivision are provided access and utilities through an internal street network, however, the improvements in adjacent roadways are required with the platting process even if they aren’t needed to specifically serve the development. It is unknown if the adjacent property owner has plans to develop, or needs this section line for access and utility installation. Staff suspended this exception request to allow for the applicant to obtain the concurrence from the adjacent property owner to the east regarding this request. The applicant has since provided verbal confirmation that they are not able to provided concurrence from the property owner to the east. Without concurrence of the neighboring property to the east, Staff cannot support the request as the request impacts properties on both sides of the section line. Please note Staff did approve an exception request not to improve the section line right-of-way on the southern boundary of the property (City File 17EX032) as the City has received a vacation of right-of-way application (City File 17VR003) with signatures from property owners on both sides of the section line, and access and utility corridors are being secured in other locations to serve properties on both sides of the section line. The petitioner is appealing the Staff denial to the City Council.

Funding Source & Fiscal Impact (if applicable):

Funding Cost Center

Recommendations:

Origination Recommendation Notes:
Action: No recommendation. Without concurrence from the adjacent property owner, Staff cannot support waiving improvements to the Section Line Highway or determine if the developer should be responsible to improve the section line right-of-way adjacent to the proposed Highpointe Ranch development. Notes: City Council at its discretion may select one of the options noted below or may identify other alternatives to resolve this request.
City Council Options:
1) Uphold the denial of the appeal; 2) Approve appeal; 3) Approve appeal but require the developer to construct a street connection to the property to the east within the last developable phase of the project; or 4) Amend the denial of the appeal in whole or in part.
Published in 2017 PW Agenda Items
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