No. 10PD033 - Marshall Heights Tract

An Appeal of the Planning Commission's decision on a request by Cetec Engineering Services, Inc. for Bethel Assembly of God Church to consider an application for a Major Amendment to a Planned Residential Development for Lot C-2 and half of the vacated Marshall Boulevard and Lot 1 of Lot C-1 and half of the vacated Marshall Boulevard adjoining of Marshall Heights Tract, all in Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1202 North Maple Avenue.


PLANNING COMMISSION RECOMMENDATION:
Planning Commission approved the Major Amendment to a Planned Residential Development with the following stipulations:

1.

Prior to Planning Commission approval, construction plans and details, stamped by a Professional Engineer shall be submitted for review and approval for the retaining wall in excess of four feet located around the playground;

2.

Prior to issuance of a building permit for the existing retaining walls in excess of 4 feet, sidewalks, mechanical pads and screening, the detention pond outlet modifications shall be constructed in compliance with the original approved plans. In addition, the detention’s pond outlet pipe and the inlet pipe for the 12 inch Herman Street outfall shall be uncovered to remove existing debris and to shape the pipe end areas to insure free flow conditions. The exposed 12 inch reinforced concrete pipe located along the north lot line of Lot 9, Block 7, Knollwood Heights #2 shall be removed and relayed. In addition, a minimum of 6 inches of soil cover and grass seed or sod shall be placed over the disturbed area. All work to be done on Lot 9, Block 7 shall be conducted within the existing drainage easement located along the north lot line or additional easement(s) shall be obtained from the property owner(s) as needed;

3.

Prior to Planning Commission approval, the parking plan shall be revised to show the access aisles located adjacent to the handicap parking spaces are designed in compliance with the City’s Parking Regulations;

4.

Upon approval of the Major Amendment to the Planned Commercial Development, a building permit for the existing retaining walls in excess of four feet, sidewalks, mechanical pads and screening shall be obtained;

5.

A minimum of 151 parking spaces shall be provided with six of the spaces being handicap accessible. In addition, one of the handicap spaces shall be “Van” accessible. A minimum of eight parent drop off spaces shall be maintained at the entrance to the building as shown on the site plan. In addition, a minimum of three planter islands shall be provided within the parking lot. Each planter island shall contain a minimum of 100 square feet, and provide a minimum of one tree with shrubs, groundcover and/or mulch covering at the base. All provisions of the Off-Street Parking Ordinance shall be continually met;

6.

A minimum of 151,130 landscaping points shall continue to be provided. The landscape plan shall comply with all requirements of the Zoning Ordinance. In addition, all landscaping shall be maintained in a live vegetative state and replaced as necessary;

7.

The church shall continually conform architecturally to the previously approved elevations, design plans and color palette submitted as part of the Initial and Final Planned Residential Development and the subsequent Major Amendment to the Planned Residential Development;

8.

All signage shall conform to the design, color and location as shown in the sign package submitted and approved as a part of the Planned Residential Development. Changes to the proposed sign package, which the Growth Management Director determines to be consistent with the original approved sign package, shall be allowed as a Minimal Amendment to the Planned Commercial Development. In addition, the Growth Management Director may approve temporary signs in accordance with Chapter 15.28.080 of the Rapid City Municipal Code;

9.

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;

10.

The noise levels emitted from the HVAC system shall not exceed 65 Ldn at the property line. If concerns are raised regarding the noise levels, the owner shall conduct testing and provide documentation for review and approval by the Growth Management Director that the noise levels are in compliance with the 65 Ldn standards or shall construct all necessary improvements to comply with the standards;

11.

The currently adopted International Fire Code and Building Code shall be continually met. In addition, the child care center and activities shall be restricted to the lower level as proposed until such time as fire sprinkler protection is provided to the sanctuary in the upper level;

12.

A minimum of 6,720 square feet of indoor play space and a minimum of 2,700 square feet of outdoor play space shall be provided as per Section 17.50.150.C of the Rapid City Municipal Code. In addition, the fencing around the outdoor play space shall continually comply with Chapter 17.50.150.C of the Rapid City Municipal Code. In particular, the entire outdoor playground area shall be enclosed within a 42 inch high fence and shall be located a minimum distance of 25 feet from any property line which abuts right-of-way or a public street;

13.

The Planned Residential Development shall allow the property to be used as a child care center and a church with a gymnasium, classrooms, concession area, youth café, office and storage as accessory uses to the church and child care center. A maximum of 150 children and 30 staff members shall be allowed as a part of the child care center. The hours of operation for the exterior playground area shall be from 6:30 a.m. to 6:00 p.m. Monday through Friday. In addition, the child care center shall be operated in compliance with Chapter 17.50.150 of the Rapid City Municipal Code; and,

14.

All provisions of the Low Density Residential District shall be met unless otherwise specifically authorized as a stipulation of this Major Amendment to the Planned Residential Development or a subsequent Major Amendment.


VOTE: (7 to 0 with Braun, Brewer, Brown, Gregg, Kinniburgh, Marchand, and Wyss voting yes and none voting no)