No. 06UR023 - Cottonwoods Subdivision

An appeal of the Planning Commission's decision on a request by Jay Van Hunnik for Wellspring, Inc. to consider an application for a Conditional Use Permit to allow a teenage care center in a Medium Density Residential District on Lots 2 thru 15 and Lots 18 thru 34 of Block 9 of the Cottonwoods Subdivision, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 3402 Cottonwood Street.


PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommended approval of a Conditional Use Permit to allow a teenage care center in a Medium Density Residential District with the following stipulations:

1.

Prior to Planning Commission approval, the site plan shall be revised to show curb and gutter at the approach location being eliminated along Cottonwood Street;

2.

Prior to Planning Commission approval, the site plan shall be revised to show a physical barrier between the parking spaces located on the west side of the property along Evergreen Drive and the pedestrian walkway;

3.

Prior to Planning Commission approval, the site plan shall be revised to provide a minimum 12 foot separation between the adjacent single family residential lot and any part of the parking area, including the paved access aisle;

4.

Prior to Planning Commission approval, the parking plan shall be revised to show one “Van” handicap accessible space. In addition, the parking plan shall be revised eliminating the two parking spaces located in the northeast corner of the property along Dover Street;

5.

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

6.

Prior to issuance of a building permit, all necessary changes shall be made to the plans as identified on the red lined drawings. In addition, the red lined drawings shall be returned to the DevelopmentServiceCenter Division;

7.

Prior to issuance of a building permit, the applicant shall sign a developmental lot agreement;

8.

All signage shall conform to the design, color and location as shown in the sign package submitted as a part of the Planned Residential Development. As proposed by the applicant, no lighting shall be allowed for the signs. A sign permit shall also be obtained for each individual sign;

9.

A minimum of 133,172 landscaping points shall be provided. The landscaping plan shall comply with all requirements of the Zoning Ordinance. In particular, the row of large Elm trees shall remain along the south lot line to serve as a buffer between the subject property and the adjacent single family residential lot. In addition, a minimum of two planter islands shall be provided as proposed. All landscaping shall be continually maintained in a live vegetative state and replaced as necessary;

10.

A minimum of 100 parking spaces shall be provided. Four of the spaces shall be handicap accessible with one of the handicap spaces being “Van” accessible. In addition, all provisions of the Off-Street Parking Ordinance shall be continually met;

11.

All outdoor lighting shall be reflected within the property boundaries so as to not shine onto adjoining properties and rights-of-way and to not be a hazard to the passing motorist or constitute a nuisance of any kind;

12.

The dumpster shall be located as shown on the site plan and screened on all four sides as proposed;

13.

The air handling equipment shall be located within the existing building as proposed. Any external placement of air handling equipment shall require a Major Amendment to the Conditional Use Permit;

14.

All International Fire Codes shall be met. In addition, the building shall be fire sprinklered as per the International Fire Code and a building permit shall be obtained for the fire sprinkler system prior to installation;

15.

The proposed structure shall be used as a teenage care center with a maximum of 75 youth and 25 employees on the property at any one time. In addition, the facility shall be operated in compliance with the statements submitted as a part of this application. No overnight stays shall be allowed. In addition, the facility may be operational from 8:00 a.m. to10:00p.m. Any other use or change in operation shall require a Major Amendment to the Conditional User Permit; and,

16.

The Conditional Use Permit 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 a period of two years.


VOTE: (7 to 0 with Anderson, Brewer, Derby, Fast Wolf, Hennies, LeMay and Runde voting yes and none voting no)