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Planning Commission Agenda

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AGENDA
City of Rapid City Planning Commission
December 6, 2001 7:00 A.M.
City Council Meeting Room
300 Sixth Street
Rapid City, SD 57701

ITEMS ON THIS AGENDA ARE SUBJECT TO A SECOND PUBLIC HEARING BEFORE THE RAPID CITY CITY COUNCIL FOR FINAL ACTION. RECOMMENDATIONS OF THE PLANNING COMMISSION ON ITEMS FROM THIS AGENDA MAY BE CONSIDERED BY THE RAPID CITY CITY COUNCIL AT THEIR NEXT REGULAR MEETING ON DECEMBER 17, 2001 AT 7:00 P.M. PLEASE CONTACT PLANNING STAFF FOR INFORMATION REGARDING WHICH CITY COUNCIL AGENDA ANY PARTICULAR ITEM WILL BE HEARD FOR FINAL ACTION.

Consent Calendar

The following items have been placed on the Consent Calendar for action to be taken on all items in accordance with staff’s recommendation by a single vote. Any item may be removed from the Consent Calendar by any Planning Commissioner, staff member, or audience member, for separate consideration:

---NON HEARING ITEMS CONSENT CALENDAR---

1.

Approval of the November 21, 2001 Planning Commission Meeting Minutes.

2.

No. 01AN019 - Johnson School Subdivision
A request by City of Rapid City to consider an application for a Petition for Annexation on that portion of the S.D. Highway 44 right-of-way lying south of Lots H1 in Lots A and B of the Johnson School Subdivision located in the NE1/4 NW1/4 Section 9, T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being the S.D. Highway 44 right-of-way between School Drive and Twilight Drive.

Staff recommends that the Petition for Annexation be approved.

3.

No. 01AN020 - Section 9, T1N, R8E
A request by Pennington County Commission to consider an application for a Petition for Annexation on that portion of Shadow Drive lying between Lots H1 in Lots 4, 5 and 6 of Block 1 and Lots H1 in Lots 3, 4, 5, 6 and 7 of Block 2 of the Johnson School Subdivision located in the NW1/4 NE1/4, Section 9, T1N, R8E, BHM, Pennington County, South Dakota; that portion of School Drive lying South of Lot H1 in the East 88 feet of Lot D located in the NE ¼ NW1/4, Section 9, T1N, R8E, BHM Pennington County, South Dakota; Lot H1 in Lot 8 of Block 2 of the Johnson School Subdivision located in the NW1/4 NE1/4, Section 9, T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being located north of S.D. Highway 44 and west of Twilight Drive.

Staff recommends that the Petition for Annexation be approved.

4.

No. 01PL111 - Firehouse Subdivision
A request by Doty Volunteer Fire Department to consider an application for a Preliminary and Final Plat on Lot 1 of Firehouse Subdivision, Section 23, T2N, R6E, BHM, Pennington County, South Dakota, more generally described as being located approximately 6 miles outside Rapid City on Nemo Road.

Staff recommends that the Preliminary and Final Plat be approved with stipulations.

5.

No. 01VR007 - Section 30, T2N, R8E
A request by Doug Sperlich for Chrisbro, LLC to consider an application for a Vacation of Right-of-way on a portion of Pine Street located in the NW1/4 of the SE1/4 of Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being a portion of Pine Street south of Motel 6.

Staff recommends that the Vacation of Right-of-way be approved with stipulations.

6.

No. 01CA035 - Sections 29 and 32, T2N, R8E
Summary of Adoption Action - Major Street Plan Amendment

Staff recommends that the Planning Commission approve the summary and authorize publication in the Rapid City Journal subject to City Council approval of December 3, 2001.

7.

No. 01CA036 - Sections 29 and 32, T2N, R8E
Summary of Adoption Action - Amendment to the North Rapid Neighborhood Area Future Land Use Plan

Staff recommends that the Planning Commission approve the summary and authorize publication in the Rapid City Journal subject to City Council approval of December 3, 2001.

---END OF NON HEARING ITEMS CONSENT CALENDAR---

---HEARING ITEMS CONSENT CALENDAR---

8.

No. 01CA032 - Skyline Pines East
A request by Wyss Associates for W.E.B. Partners to consider an application for a Amendment to the Comprehensive Plan to change the future land use designation on a 3.202 acre parcel from Office Commercial to General Commercial on property described by metes and bounds beginning from a point 1795.13 feet at a bearing S89º39’0"E from the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM, travel 431.35 feet at a bearing N22º2’42"W, Then travel 310.56 feet along a 230’ LHF curve with a chord bearing N16º38’12" E, Then travel 161.93 feet at a bearing N55º19’17"E, Then travel 227.59 feet at a bearing S34º35’20"E,Then travel 300.07 feet at a bearing S45ºW, Then travel 305.00 feet at a bearing S34d36’5"E,Then travel 165.44 feet at a bearing S45ºW, Then travel 26.8 feet at a bearing N89º39’0"W, to the point of start, more generally described as being located west of the western terminus of Fairmont Boulevard and north of Tower Road.

Staff recommends that the Amendment to the Comprehensive Plan be continued to the January 10, 2002 Planning Commission meeting.

9.

No. 01RZ054 - Skyline Pines East
A request by Wyss Associates for W.E.B. Partners to consider an application for a Rezoning from Office Commercial District to General Commercial District on property described by metes and bounds beginning from a point 1795.13 feet at a bearing S89º39’0"E from the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM, travel 431.35 feet at a bearing N22º2’42"W, Then travel 310.56 feet along a 230’ LHF curve with a chord bearing N16º38’12" E, Then travel 161.93 feet at a bearing N55º19’17"E, Then travel 227.59 feet at a bearing S34º35’20"E,Then travel 300.07 feet at a bearing S45ºW, Then travel 305.00 feet at a bearing S34º36’5"E,Then travel 165.44 feet at a bearing S45ºW, Then travel 26.8 feet at a bearing N89º39’0"W, to the point of start, more generally described as being located west of the western terminus of Fairmont Boulevard and north of Tower Road.

Staff recommends that the Rezoning from Office Commercial District to General Commercial District be continued to the January 10, 2002 Planning Commission meeting.

10.

No. 01CA034 - Section 32, T2N, R8E
A request by Jeffrey Devine to consider an application for an Amendment to the Comprehensive Plan by amending the Elk Vale Neighborhood Area Future Land Plan to change the future land use designation on a 4.98 acre tract from General Commercial to Heavy Industrial on Tract B of SW1/4 SW1/4 less right-of-way, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 262 Cambell Street.

Staff recommends that the Amendment to the Comprehensive Plan be continued to the January 10, 2002 Planning Commission meeting.

11.

No. 01OA015 - Ordinance Amendment
A request by City of Rapid City to consider an application for an Ordinance amending Chapter 17.54.030 of the Rapid City Municipal Code by revising the Use on Review process thereby making the Planning Commission the final decision-making body unless an appeal is made to the City Council.

Staff recommends that the Ordinance amendment be approved.

12.

No. 01OA024 - Ordinance Amendment
A request by City of Rapid City to consider an application an Ordinance amending Chapter 17.18.020 of the Rapid City Municipal Code by adding "Used merchandise sales excluding outside storage" to the list of Uses Permitted in the General Commercial Zoning District.

Staff recommends that the Ordinance Amendment be approved. 

13.

No. 01PD060 - Red Rock Estates - Phase 3A
A request by Dream Design International to consider an application for a Initial and Final Development Plan - Planned Residential Development on a parcel of land located within the unplatted portion of the NE1/4 of Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located west of Sheridan Lake Road - Red Rock Estates Subdivision.

Staff recommends that the Initial and Final Development Plan be approved with stipulations.

14.

No. 01PL118 - Red Rock Estates - Phase 3A
A request by Dream Design International to consider an application for a Preliminary and Final Plat on Lots 5-11, Block 6, Red Rock Estates - Phase 3A, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located west of Sheridan Lake Road - Red Rock Estates Subdivision.

Staff recommends that the Preliminary and Final Plat be approved with stipulations.

15.

No. 01PD050 - Lowe's Subdivision
A request by Ozark Civil Engineering for Lowe's Companies Inc. to consider an application for a Planned Commercial Development - Initial and Final Development Plan on Tract 1 of Martley Subdivision and Tract CR of the NW1/4 of the NE1/4 located in the NW1/4 of the NE1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the intersection of Haines Avenue and Mall Drive.

Staff recommends that the Initial and Final Development Plan be approved with stipulations.

16.

No. 01SV032 - Lowe's Subdivision
A request by Ozark Civil Engineering for Lowe's Companies to consider an application for a Variance to the Subdivision Regulations on Tract 1 of Martley Subdivision and Tract CR of the NW1/4 of the NE1/4 located in the NW1/4 of the NE1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the intersection of Haines Avenue and Mall Drive.

Staff recommends that the Variance to the Subdivision Regulations be approved with stipulations.

17.

No. 01RZ064 - Section 32, T2N, R8E
A request by City of Rapid City to consider an application for a Rezoning from No Use District to General Commercial District on Tract C of the SW1/4 SW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located north of S.D. Highway 44 East, east of Cambell Street and south of U.S. Highway 16.

Staff recommends that the Rezoning be approved.

18.

No. 01RZ065 - Section 32, T2N, R8E
A request by City of Rapid City to consider an application for a Rezoning from No Use District to General Commercial District on Lot 3-4 of NW1/4 SW1/4 and vacated alley less right of way, and the unplatted portion of NW1/4 SW1/4, all located in Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located north of S.D. Highway 44 East, east of Cambell Street and south of U.S. Highway 16.

Staff recommends that the Rezoning be approved.

19.

No. 01RZ066 - Section 32, T2N, R8E and Section 5, T1N, R8E
A request by City of Rapid City to consider an application for a Rezoning from No Use District to General Commercial District on Lot H1, Lot H2, Old Highway as shown on Plat of Lots 1 & 2, Lot H1 of Lots 7 & 8, Lot H1 of Lots 3,4,5, & 6, Lot H1 of Lot B of Lot 1, and Lot 2, all located in the NW1/4 SW1/4 Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and Lot H1, Lot H1 of Tract B, Lot H1 of Tract A all located in the SW1/4 SW1/4 Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and Cambell Street right of way lying in the W1/2 SW1/4 Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and Lot H1 of Lot A, NW1/4 NW1/4 Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and Cambell Street ROW lying in the NW1/4 NW1/4 Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located East of Cambell Street and North of SD Highway 44 East.

Staff recommends that the Rezoning be approved.

20.

No. 01RZ067 - Section 32, T2N, R8E
A request by City of Rapid City to consider an application for a Rezoning from No Use District to General Commercial District on the 30.1 foot wide Philadelphia Street right of way, approximately 724.1 feet in length, lying in the W1/2 SW1/4 Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located East of Cambell Street and north of S.D. Highway 44 East.

Staff recommends that the Rezoning be approved.

21.

No. 01RZ068 - Section 32, T2N, R8E
A request by City of Rapid City to consider an application for a Rezoning from No Use District to General Commercial District on SW1/4 SE1/4 SW1/4, and E1/2 SE1/4 SW1/4, all located in Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located North of S.D. Highway 44 East, east of Cambell Street and south of U.S. Highway 16.

Staff recommends that the Rezoning be approved.

22.

No. 01PL102 - Sections 22 and 27, T1N, R8E
A request by Alliance of Architects for American West Communities to consider an application for a Layout Plat on S1/2 of the NE1/4 and the SE1/4 except Bradeen Subdivision of Section 22 and NE1/4 Section 27, T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being located at the intersection of Reservoir Road and South Side Drive. 

Staff recommends that the Layout Plat be continued to the January 10, 2002 Planning Commission meeting at the applicant's request.

23.

No. 01SV031 - Sections 22 and 27, T1N, R8E
A request by Alliance of Architects for American West Communities to consider an application for a Variance to the Subdivision Regulations to waive the requirement for curb and gutter, dry sewer, street conduit and to allow sidewalk on one side of the street on S1/2 of the NE1/4 and the SE1/4 except Bradeen Subdivision of Section 22 and NE1/4 Section 27, T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being located at the intersection of Reservoir Road and South Side Drive.

Staff recommends that the Variance to the Subdivision Regulations be continued to the January 10, 2002 Planning Commission meting at the applicant's request.

24.

No. 01RZ063 - Cleghorn Canyon Subdivision No. 2
A request by Alvin Aisenbrey to consider an application for a Rezoning from No Use District to Park Forest District on Lot 13 of Block 2 of Cleghorn Canyon Subdivision No. 2, located in Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 5100 Cleghorn Canyon Road.

Staff recommends that the Rezoning be approved.

25.

No. 01PL114 - Cleghorn Canyon Subdivision No. 2
A request by Alvin Aisenbrey to consider an application for a Preliminary and Final Plat on Lot 13 Revised of Block 2 of Cleghorn Canyon Subdivision No. 2, located in Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 5100 Cleghorn Canyon Road.

Staff recommends that the Preliminary and Final Plat be approved with stipulations.

26.

No. 01SV033 - Cleghorn Canyon Subdivision No. 2
A request by Alvin Aisenbrey to consider an application for a Variance to the Subdivision Regulations to waive the requirement for topographic information, sidewalk, curb and gutter and street lights on Lot 13 of Block 2 of Cleghorn Canyon No. 2 and a portion of Lot F-1 of Fish Hatchery Subdivision, located in the NE1/4 Sw1/4 and the NW1/4 SE1/4 of Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 5100 Cleghorn Canyon Road.

Staff recommends that the Variance to the Subdivision Regulations be approved.

27.

No. 01SV034 - Debra Subdivision
A request by Doug Sperlich for James Letner to consider an application for a Variance to the Subdivision Regulations to allow sidewalks on one side of the street on Lot C of Lot 2 of Outlot 2 and Lot 3R of Lot A of Replat of Lot 2 of Outlot 2 all located in Section 4, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the current northern terminus of Debra Drive.

Staff recommends that the Variance to the Subdivision Regulations be approved.

28.

No. 01TI006 - Rushmore Business Park
A request by Rapid City Economic Development Partnership and Fenske Media to consider an application for a Resolution Creating Tax Increment District No. 33 on Lot 3 of Block 1 Rushmore Business Park, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located south of Homestead Street and east of Conseco Finance.

Staff recommends that the Resolution Creating Tax Increment District No. 33 be approved.

29.

No. 01TI007 - Rushmore Business Park
A request by Rapid City Economic Development Partnership and Fenske Media to consider an application for a Tax Increment District No. 33 Project Plan on Lot 3 of Block 1 Rushmore Business Park, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located south of Homestead Street and east of Conseco Finance.

Staff recommends that the Tax Increment District No. 33 Project Plan be approved.

30.

No. 01TI008 - Sections 21 and 22, T2N, R7E
A request by Black Hills Harley Davidson/Buell to consider an application for a Resolution Creating Tax Increment District No. 34 on Lots 1, 2 and 3, R & L Subdivision, Lot Z, and the Lange Road right-of-way lying adjacent and parallel to the north side of US Interstate 90 and along Lot B of W1/2 SW1/4 and along R & L Subdivision Lots 1, 2, and 3, all located in Section 22, T2N, R7E, BHM, Rapid City, South Dakota, and Lot 1 of Lot A and Lot A of the SW1/4 SW1/4 of Section 22, T2N, R7E, BHM, Rapid City, South Dakota, and Lot H1 of the SW1/4, Lot H1 of Lot Y of Lot H2, Lot H1 of Lot X of Lot H2, all located in Section 22, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, and Lot H1 of the NE1/4 SE1/4, and Lot H1 of the SE1/4 SE1/4, all located in Section 21, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located north of Lange Road and U.S. Interstate 90.

Staff recommends that the Resolution Creating Tax Increment District No. 34 be approved.

31.

No. 01TI009 - Sections 21 and 22, T2N, R7E
A request by Black Hills Harley Davidson/Buell to consider an application for a Tax Increment District No. 34 Project Plan on Lots 1, 2 and 3, R & L Subdivision, Lot Z, and the Lange Road right-of-way lying adjacent and parallel to the north side of US Interstate 90 and along Lot B of W1/2 SW1/4 and along R & L Subdivision Lots 1, 2, and 3, all located in Section 22, T2N, R7E, BHM, Rapid City, South Dakota, and Lot 1 of Lot A and Lot A of the SW1/4 SW1/4 of Section 22, T2N, R7E, BHM, Rapid City, South Dakota, and Lot H1 of the SW1/4, Lot H1 of Lot Y of Lot H2, Lot H1 of Lot X of Lot H2, all located in Section 22, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, and Lot H1 of the NE1/4 SE1/4, and Lot H1 of the SE1/4 SE1/4, all located in Section 21, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located north of Lange Road and U.S. Interstate 90.

Staff recommends that the Tax Increment District No. 34 Project Plan be approved.

32.

No. 01RZ057 - Section 23, T1N, R7E
A request by Dream Design International, Inc. to consider an application for a Rezoning from General Agriculture District to Low Density Residential District on S1/2 NW1/4 NE1/4, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the northern terminus of Enchanted Pines Drive.

Staff recommends that the Rezoning be continued to the January 10, 2002 Planning Commission meeting.

33.

No. 01PD052 - Section 23, T1N, R7E
A request by Dream Design International, Inc. to consider an application for a Planned Residential Development - Initial and Final Development Plan on S1/2 NW1/4 NE1/4, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the northern terminus of Enchanted Pines Drive.

Staff recommends that the Initial and Final Development Plan be continued to the January 10, 2002 Planning Commission meeting.

34.

No. 01PL103 - Enchanted Pines Subdivision
A request by Dream Design International, Inc. to consider an application for a Preliminary and Final Plat on Lots 1-6, Block 1; Lots 1-5, Block 2; and Lots 1-9, Block 3 of Enchanted Pines Subdivision, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the northern terminus of Enchanted Pines Drive.

Staff recommends that the Preliminary and Final Plat be continued to the January 10, 2002 Planning Commission meeting.

35.

No. 01SV026 - Section 23, T1N, R7E
A request by Dream Design International, Inc. to consider an application for a Variance to the Subdivision Regulations to waive the requirement for water, sewer, paving, curb, gutter, sidewalks, and street light conduit and to allow lots more than twice as long as they are wide on S1/2 NW1/4 NE1/4, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the northern terminus of Enchanted Pines Drive.

Staff recommends that the Variance to the Subdivision Regulations be continued to the January 10, 2002 Planning Commission meeting.

36.

No. 01UR034 - Meadowwood Subdivision and Pine Hills Subdivision
A request by Harland Danielsen to consider an application for a Use on Review to allow an On-Sale Liquor Establishment including an outdoor concert facility on Lot 8 of Tract "B" of SW1/4 NE1/4; Lot 2 of Tract E of SE1/4 NW1/4 of Meadowwood Subdivision and Lot 3 of Lot 88A of Pine Hills Subdivision, all located in Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at4095 Sturgis Road.

Staff recommends that the Use On Review be continued to the January 10, 2002 Planning Commission meeting.

---END OF HEARING CONSENT CALENDAR---

---BEGINNING OF REGULAR AGENDA ITEMS---

37.

No. 01UR056 - Section 6, T1N, R8E
A request by Don Stevenson for Kevin Galik to consider an application for a Major Amendment to a Use On Review to allow a communications tower in the General Commercial Zoning District on the N1/2 of Lot 4 and all of Lots 5 and 6 of Lot A of the SE1/4 SE1/4 of Section 6, T1N, R8E, BHM, and the east 44 feet of Lots 5, 6, 7 and 8 in Block 1 of Radio Towers Subdivision; together with that part of the alley vacated by a resolution recorded September 14, 1962, in Book 80 of misc. records on Page 442, which adjoins Lots 5, 6, 7 and 8 in Block 1, Radio Towers Subdivision all located in Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1711 Cambell Street.

Staff recommends that the Major Amendment to a Use On Review be approved if the Planning Commission finds that it is appropriate to waive the requirement to provide fencing surrounding the communications tower.

38.

Discussion Items

 

A.

Revisions to the Subdivision Regulations regarding Final Plat - Bill Lass

39.

Staff Items

 

B.

Planning Commission Goals Report

40.

Planning Commission Items

41.

Committee Reports

 

A.

City Council Report (November 19, 2001
The City Council concurred with the recommendations of the Planning Commission with the exception of the following item: No. 01OA021 - An Ordinance Amending Chapter 17.18.020 of the Rapid City Municipal Code to Allow Outdoor Firewood Storage and Sales Lot as a Use On Review in the General Commercial Zoning District. 

Planning Commission recommended that the Ordinance Amendment be denied without prejudice. City Council approved the Ordinance Amendment.

 

B.

Sign Code Board of Appeals

 

C.

Zoning Board of Adjustment

 

D.

Parks and Recreation Subcommittee

 

E.

Capital Improvements Subcommittee

 

F.

Americans With Disabilities Act Compliance Committee

 

G.

Drinking Water Protection Committee

 

H.

Tax Increment Financing Committee

 

I.

Off-Premise Sign Permit Committee

 

J.

Infrastructure Development Partnership Fund Committee

 

K.

Floodplain Boundary Policy Committee

 

L.

Landscape Code Committee

 

M.

Others

ADA Compliance: The City of Rapid City fully subscribes to the provisions of the Americans with Disabilities Act. If you desire to attend this public meeting and are in need of special accommodations, please notify the Rapid City Planning Department so that appropriate auxiliary aids and services are available.

 Red Bar