No. 04PD054 - Kateland Subdivision

Appeal of the Planning Commission's action on a request by FMG, Inc. for Bill Freytag to consider an application for a Planned Residential Devleopment - Initial Development Plan on a tract of land located in the SE1/4 of SW1/4 of Section 13, and in the NE1/4 of NW1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota more particularly described as follows: Commencing at a point which is a 1” pipe marking the southwest 1/16 corner of Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, Thence N00º11’23”E a distance of 117.00’, more or less, to a point; Thence S89º49’06”E a distance of 221.72’, more or less, to a point; Thence N00º10’54”E a distance of 233.09’, more or less, to a point; Thence S89º41’23”E a distance of 888.80’, more or less, to a point; Thence S00º09’49”W a distance of 380.90’, more or less, to a point; Thence N89º47’53”W a distance of 286.16’, more or less, to a point; said point being a 5/8” rebar marking the northwest corner of Lot 6 of Block 1 of Mallridge Subdivision No. 2; Thence N89º51’52”W a distance of 374.71’, more or less, to a point; Said point being a 5/8” rebar marking the northwest corner of Lot 11 of Block 1 of Mallridge Subdivision No. 2; Thence N89º49’06”W a distance of 449.80’, more or less, to a point, Said point being a 2” pipe with survey cap LS 880 marking the southeast corner of Lot 13 of Madison’s Subdivision; Thence N00º11’52”E a distance of 33.00’, more or less, to the point of beginning. Said area includes 8.557 acres, more or less, more generally described as being located west of Haines Avenue and north of Mallridge Subdivision.


PLANNING COMMISSION ACTION :
On September 23, 2004, the Planning Commission approved the Planned Residential Development - Initial Development Plan with the following stipulations:

1.

A Final Plat shall be approved prior to or in conjunction with a Final Planned Residential Development;

2.

A building permit shall be obtained prior to any construction and a Certificate of Occupancy shall be obtained prior to occupancy;

3.

A minimum 18 foot front yard setback shall be provided in front of each garage and a minimum 15 foot front yard setback shall be provided in front of each residence;

4.

A minimum six (6) foot side yard setback shall be provided;

5.

A minimum fifteen foot rear yard setback shall be provided. In addition, the single family residences and/or townhomes located on Lots 1 thru 11, Block 5 shall be one story structures only or a 25 foot rear yard setback shall be provided;

6.

A minimum lot size of 4,800 square feet shall be provided;

7.

A maximum 35% lot coverage shall be allowed;

8.

All Uniform Fire Codes shall be met;

9.

Prior to any building construction on each parcel, any drainage channels or facilities as identified in the drainage plan for the subdivision to be installed on or adjacent to the parcel, shall be constructed ;

10.

Upon submittal of a Final Planned Residential Development, covenants or some other mechanism shall be established to insure that the development will provide affordable housing as proposed and that the housing will remain affordable; and,

11.

The Planned Residential Development shall allow for the construction of single family and/or townhomes on the property. However, the Planned Residential Development shall expire if the use is not undertaken and completed within two years of the date of approval by the Planning Commission, or if the use as approved has ceased for two years.

VOTE: (7 to 2 with Anderson, Brown, Lemay, Nash, Prairie Chicken, Rodriguez and Schmidt voting yes and with Hadcock and Fast Wolf voting no)