Posted: May 30, 2017
Rapid City
Agenda Item Summary

Agenda Item Ref. #: PW053017-19

Agenda Item Title:

Appeal of Denied Exception Requests from KTM Design Solutions on Behalf of Boomschockalocka, LLC to Waive Additional Pavement, Curb, Gutter, Sidewalk and Street Light Conduits in Dyess Avenue (City Files 17EX101, 17EX103, 17EX104).

Origination Group:
Public Works Committee
Origination Meeting Date:
Stage 2 Group Name:
Public Works Committee
Stage 2 Meeting Date:
City Council Hearing Date:
KTM Design Solutions on Behalf of Boomshockalocka, LLC
Staff Contact:
Nicole Lecy, Project Engineer
Proposed Dyess Subdivision, Located in Section 21, T2N, R8E, BHM, Rapid City, South Dakota.
Agenda Item Summary:
The petitioner applied for an exception request to waive the requirements to provide additional pavement, curb, gutter, sidewalk and street light conduit in Dyess Avenue, which would to allow for an industrial development to occur adjacent to Dyess Avenue without improvements to the road. Staff denied the exception request based on the following. Subdivision improvements including pavement, curb, gutter, sidewalk, street light conduit, water main and sewer main are triggered during the platting process for all adjacent roadways. The proposed Dyess Subdivision plat (City File 17PL022) has frontage to Dyess Avenue for approximately 1000’ and Dyess Avenue exists today with 22’ wide rural pavement section, with ditches for drainage, a 16” water main and a 15” sewer main. Dyess Avenue is an arterial street identified on the City’s major street plan requiring a minimum 36’ wide pavement with curb, gutter, sidewalk and street light conduit. Dyess Avenue needs to be constructed to arterial street standards to accommodate the proposed plat that includes platting 12 industrial lots. The existing street is not constructed to handle development in the area. In recent years the City has improved Dyess Avenue up to the Seger Drive intersection, which is located approximately 640’ to the south of this plat. Subdivision improvements were provided and planned for with the extension of Dyess Avenue. Street improvements need to be extended in Dyess Avenue to achieve the goals of the City’s comprehensive street plans to provided public infrastructure for future growth and surrounding development. Subdivision improvements should be installed at the time of plat, as required by Ordinance to support the proposed development. Please note that the proposed plat is leaving an unplatted balance out of the existing parcel, on the south side of the parcel, which has an additional 300’ of frontage along Dyess Avenue. The majority of the unplatted balance is located within 100 year designated flood plain. So while the current proposed plat is approximately 640’ from the improved Seger Drive and Dyess Avenue intersection, the developer owns the property adjacent to the Dyess Avenue right-of-way only 300’ from the improved road. In the past, exceptions have been denied to waive the construction of these same improvements in Dyess Avenue on the basis that the existing street improvements are not constructed to handle industrial traffic and additional development in the area (Reference City Files 13EX116 and 13EX117). This is still the same opinion of Staff today. Please note that construction plans for sidewalk are a requirement of the platting process with the developer responsible to construct sidewalk at intersections, handicap ramps, sidewalk on unbuildable parcels, and provide grading for the installation of sidewalks along all public right-of-ways. However, sidewalks along buildable parcels is not required until a building permit is obtained on a parcel. If sidewalk is not desired at the time of building permit, a sidewalk variance must be obtained from the City Council as allowed for by Rapid City Municipal Code. Even though access and utilities for the proposed plat is planned to come from an internal industrial street, as Dyess Avenue is adjacent to the proposed plat the property owner is still responsible to extend the improvements across the full frontage of their property. The petitioner is appealing the Staff denial to the City Council. Please note that Staff did approve of an exception for this project to not construct a dual water main in adjacent Dyess Avenue (City File 17EX102).

Funding Source & Fiscal Impact (if applicable):

Funding Cost Center


Origination Recommendation Action:
Origination Recommendation Notes:
Staff recommends upholding the denial of the exception request.
City Council Options:
Uphold the denial, approve or amend the denial in whole or in part.

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