Posted: November 21, 2017
Rapid City
Agenda Item Summary

Agenda Item Ref. #: PW112817-17

Agenda Item Title:

Appeal of Denied Exception Request from KTM Design Solutions on Behalf of Dean Hamm to waive the requirement to construct sewer main along Muirfield Drive (City File 17EX197), the only exception denied by Staff out of four total exceptions submitted for the project.

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 Dean Hamm
Staff Contact:
Nicole Lecy, Project Engineer
Proposed Red Rock Shadows Subdivision, Muirfield Drive south of its intersection with Portrush Road, Located in Section 29, T1N, R7E, BHM, Rapid City, South Dakota.
Agenda Item Summary:
The petitioner applied for an exception request to waive the requirement to construct sewer main along Muirfield Drive, of which was denied by Staff. The request for exception is to Section 3.5.5 of the Infrastructure Design Criteria Manual which states “Sewer mains shall be extended across the full frontage of each parcel to be served, except… when the City determines that no possibility exists that the main will need to be extended to serve adjacent property.” Muirfield Drive is an existing improved right-of-way, void of sewer main in this area. The proposed Red Rock Shadows plat for Tract B has frontage to Muirfield Drive for approximately 360’. The adjacent properties along Muirfield Drive to the south on both the east and west sides of the road need sewer main extended in Muirfield Drive from the north in order to have gravity sewer service. Topography limits gravity sewer to coming from the north to serve this area. The developer is responsible to extend sewer across the full frontage of their property so that it is available to service neighboring properties. Therefore, sewer main needs to be extended with this project. The nearest sewer main is located in Muirfield Drive approximately 450’ to the north of the northwest property corner so extension of sewer main only adjacent to proposed Tract B would construct a dry sewer main. As the developer owns land to the south that will need public sewer from Muirfield Drive, proposed Tract C of Red Rock Shadows, it is recommended that sewer be constructed to connect to the existing main in Muirfield Drive with this project making it an active sewer main. It is assumed that sewer service for proposed Tract B would come from the existing main in Portrush Rd. The petitioner is appealing the Staff denial to the City Council. Please note that Staff did approve of three other exception requests submitted to date for this proposed subdivision project including additional pavement in Muirfield Drive, additional sewer main in Portrush Road and a dual water main in Dunsmore Road. – Per direction from the Public Works Committee on 11/28/17 to work with the developer, the attached agreement is proposed between the City and developer which requires the developer to provide cash at the time of final plat in the amount of 115% of the estimated cost to construct a sewer main across proposed Tract B, Red Rock Shadows Subdivision to serve future Tract C, Red Rock Shadows Subdivision, and the sewer main be constructed at the time Tract B is further subdivided.

Funding Source & Fiscal Impact (if applicable):

Funding Cost Center


Origination Recommendation Action:
Approve with Stipulations
Origination Recommendation Notes:
Staff recommends to Approve the exception to not construct public sewer main in adjacent Muirfield Drive contingent upon the developer entering into the attached Covenant Agreement with the City.
City Council Options:
Approve with Covenant Agreement, approve with no agreement, uphold the denial, or amend the denial in whole or in part.

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