No. 07FV001 - Rushmore Crossing

A request by Dream Design International to consider an application for a Fence height exception to allow a six foot high fence in lieu of a four foot high fence on a parcel of land located in the Southwest One-Quarter of the Southwest One-Quarter (SW1/4SW1/4), the Southeast One-Quarter of the Southwest One-Quarter (SE1/4SW1/4), the Southwest One-Quarter of the Southeast One-Quarter (SW1/4SE1/4) and the Northwest One-Quarter of the Southwest One-Quarter (NW1/4SW1/4) of Section Twenty-nine (29) and the Northeast One-Quarter of the Southeast One-Quarter (NE1/4SE1/4), the Southeast One-Quarter of the Southeast One-Quarter (SE1/4SE1/4) and the Northwest One-Quarter of the Southeast One-Quarter (NW1/4SE1/4) of Section Thirty (30) and the Northeast One-Quarter of the Northwest One-Quarter (NE1/4NW1/4) and the Northwest One-Quarter of the Northeast One-Quarter (NW1/4NE1/4) of Section Thirty-two (32) in Township Two North (T2N), Range Eight East (R8E) of the Black Hills Meridian, (BHM), Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the Southwest Corner of said Section 29 in T2N, R8E, BHM; Thence S89º53’53”E a distance of 2845.59’ to the Point Of Beginning; said point being on the southerly right-of-way line of Century Road; Thence following the said southerly right-of-way line of Century Road N89º47'40"E a distance of 63.38' to the westerly right-of-way line of U.S. Highway 16 (E. North St.); Thence following said westerly right-of-way line of U.S. Highway 16 (E. North St.) S26º02'24" W a distance of 340.04'; Thence departing the said westerly right-of-way line of U.S. Highway 16 (E. North St.) and following the northerly line of a railroad right-of-way with a curve turning to the right with an arc length of 759.14', with a radius of 2954.92', with a chord bearing of N71º01'21"W, with a chord length of 757.05'; Thence N63º54'32"W a distance of 136.37'; Thence N63º07'09"W a distance of 73.30'; Thence N 63º03'41" W a distance of 199.66'; Thence with a curve turning to the left with an arc length of 1728.24', with a radius of 2123.30', with a chord bearing of N86º22'53"W, with a chord length of 1680.93' to the easterly right-of-way line of Cambell Street; Thence leaving said northerly line of a railroad right-of-way and following the said easterly right-of-way line of Cambell Street N00º05'30"E a distance of 53.06'; Thence N00º05'55"W a distance of 145.01' to the northerly right-of-way line of Sunnyside Avenue; Thence following the said northerly right-of-way line of Sunnyside Avenue N89º54'01"W a distance of 450.93'; Thence leaving said northerly right-of-way line of Sunnyside Avenue N00º07'26"E a distance of 92.70'; Thence N29º09'10"E a distance of 475.27'; Thence N60º50'50"W a distance of 127.34'; Thence N89º31'29"W a distance of 331.74'; Thence N00º03'13"E a distance of 182.19'; Thence N60º50'50"W a distance of 467.74'; Thence with a curve turning to the right with an arc length of 48.41', with a radius of 536.00', with a chord bearing of S05º50'50"E, with a chord length of 48.40'; Thence S86º44'26"W a distance of 72.00'; Thence with a curve turning to the left with an arc length of 137.80', with a radius of 464.00', with a chord bearing of N11º46'03"W, with a chord length of 137.30'; Thence N89º45'36"W a distance of 556.68'; Thence N00º01'26"W a distance of 459.98'; Thence S89º52'52"W a distance of 80.00'; Thence N00º00'41"W a distance of 714.10' to the southerly right-of-way line of Interstate -90; Thence following said southerly right-of-way line of Interstate-90 S89º58'06"E a distance of 40.69'; Thence with a curve turning to the right with an arc length of 322.88', with a radius of 2916.32', with a chord bearing of S86º50'50"E, with a chord length of 322.71'; Thence with a curve turning to the right with an arc length of 644.00', with a radius of 2144.34', with a chord bearing of S74º40'24"E, with a chord length of 641.58'; Thence with a curve turning to the right with an arc length of 222.14', with a radius of 2909.18', with a chord bearing of S63º52'56"E, with a chord length of 222.09'; Thence S61º41'41"E a distance of 149.70'; Thence S35º19'03"E a distance of 72.16'; Thence S61º13'29"E a distance of 1141.84'; Thence with a curve turning to the right with an arc length of 126.82', with a radius of 650.00', with a chord bearing of S54º52'9"E, with a chord length of 126.62'; Thence S61º12'12"E a distance of 138.00’; Thence S68º31'49"E a distance of 352.96'; Thence S61º12'05"E a distance of 175.04'; Thence S49º53'16"E a distance of 102.02'; Thence S61º34'04"E a distance of 125.02'; Thence S74º46'01"E a distance of 102.02'; Thence S60º49'53"E a distance of 320.31'; Thence S61º13'00"E a distance of 849.95'; Thence with a curve turning to the right with an arc length of 647.80', with a radius of 604.00', with a chord bearing of S31º24'33"E, with a chord length of 617.20' and intersecting the westerly right-of-way line of U.S. Hwy 16 (E. North St.); Thence with a curve turning to the right with an arc length of 75.75', with a radius of 604', with a chord bearing of S02°54'33"E, with a chord length of 75.70' ; Thence S52º14'52"W a distance of 54.15' to the Point of Beginning, more generally described as being located southeast of the intersection of Interstate 90 and North LaCrosse Street.


PUBLIC WORKS COMMITTEE RECOMMENDATION:
Public Works Committee recommended that the Fence height exception to allow a six foot high fence in lieu of a four foot high fence be approved with the following stipulations:

1.

Prior to the start of construction, a portion of Interstate 90 right-of-way shall be vacated to allow the proposed fence or the fence shall be removed from the right-of-way or a SDCL 11-6-19 Review shall be obtained to allow the fence in the right-of-way;

2.

The fence shall be constructed as a six foot high black or brown chain link fence without slats;

3.

A building permit for the fence shall be obtained prior to construction; and,

4.

As a part of a Final Commercial Development Plan, a landscaping plan, with mature landscaping, shall be submitted for review and approval to provide a buffer reducing the headlight glare between the traffic along Eglin Street and Interstate 90.


STAFF RECOMMENDATION:
Staff recommends that the Fence height exception to allow a six foot high fence in lieu of a four foot high fence be approved with the following stipulations:

1.

Prior to the start of construction, a portion of Interstate 90 right-of-way shall be vacated to allow the proposed fence or the fence shall be removed from the right-of-way or a SDCL 11-6-19 Review shall be obtained to allow the fence in the right-of-way;

2.

The fence shall be constructed as a six foot high black or brown chain link fence without slats;

3.

A building permit for the fence shall be obtained prior to construction; and,

4.

As a part of a Final Commercial Development Plan, a landscaping plan, with mature landscaping, shall be submitted for review and approval to provide a buffer reducing the headlight glare between the traffic along Eglin Street and Interstate 90.