AGENDA
City of Rapid City Planning Commission
July 10, 2003 at 7:00 A.M.
First Floor Community Room
City/School Administration Center
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 JULY 21, 2003 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 June 26, 2003 Planning Commission Meeting Minutes


2.

Adoption of Wonderland Drive Drainage Basin Design Plan

3.

No. 02PL029 - Murphy Ranch Estates
A request by Davis Engineering to consider an application for a Preliminary and Final Plat on Tract A of Murphy Ranch Estates Subdivision of the NW1/4 of Section 14, T1N, R8E, BHM, Pennington County, South Dakota, legally described as a portion of Tract F of the NW1/4 of Section 14, T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being located southeast of the intersection of Reservoir Road and Longview Drive.

Staff recommends that the Preliminary and Final Plat be continued to the July 24, 2003 Planning Commission meeting to allow the applicant to submit additional information and a revised plat document.

4.

No. 02PL093 - Murphy Ranch Estates
A request by Davis Engineering to consider an application for a Layout, Preliminary and Final Plat on Lot 1 Block 1, Lots 1 thru 6, Block 2, Lots 1 thru 8, Block 3, Lots 1 thru 7, and Lots 10 thru 15, Block 4, Lots 1 thru 3 and Lots 11 thru 16, Block 5 of Murphy Ranch Estates, all located in NE1/4 NW1/4 of Section 14, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract F of the NW1/4 less Murphy's Subdivision and Right of Way, Section 14, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located on Longview Drive to the east of East 53rd Street and Reservoir Road.

Staff recommends that the Layout, Preliminary and Final Plat be continued to the July 24, 2003 Planning Commission meeting to allow the applicant to submit revised construction plans and a revised plat document.

5.

No. 03PL045 - Marshall Heights Tract
A request by Michael Hanson for Kent Hagg Esq. for Burnell A. Lutz to consider an application for a Preliminary and Final Plat on Lots A and B of Lot K1-E of Lot K-1 in Marshall Heights Tract, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot K1-E of Lot K-1 in Marshall Heights Tract, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1903 North Maple Avenue.

Staff recommends that the Preliminary and Final Plat be continued to the July 24, 2003 Planning Commission meeting to allow the applicant to submit additional information.

6.

No. 03PL053 - Red Rock Estates
A request by Dream Design International, Inc. to consider an application for a Preliminary and Final Plat on Lots 1 thru 5, Block 9 and Dedicated Street, the unplatted portion of the SW1/4 and the unplatted portion of the NW1/4 of Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the N1/2 NW1/4 SW1/4 less Red Rock Estates and less Countryside Subdivision; E1/2 NE1/4 W1/2 NW1/4 less Red Rock Estates and less right-of-way, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located along Prestwick Road in Red Rock Estates.

Staff recommends that the Preliminary and Final Plat be continued to the July 24, 2003 Planning Commission meeting to allow the applicant to submit additional information.

7.

No. 03SR025 - Red Rock Estates
A request by Dream Design International, Inc. to consider an application for an 11-6-19 SDCL Review to allow the construction of a road in the section line highway on the NW1/4 of Section 29, T1N, R7E and the NE1/4 of Section 30, T1N, R7E, Red Rock Estates, Sections 29 and 30, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located along the extension of Prestwick Road.

Staff recommends at that the 11-6-19 SDCL Review be continued to the July 24, 2003 Planning Commission meeting to allow the applicant to obtain approval from the Pennington County Board of Commissioners to open the west half of the section line right-of-way.

8.

No. 03PL026 - Red Rock Estates
A request by Dream Design International, Inc. to consider an application for a Layout Plat on Lots 1 and 2 of Block 12; Lots 1 thru 4 of Block 15; Lots 1 thru 10 of Block 17; and, Lots 1 thru 17 of Block 18, Red Rock Estates Phase-IV, NW1/4 of Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted balance of the NW1/4 of Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located along the extension of Prestwick Road and Pro Street.

Staff recommends that the Layout Plat be continued to the July 24, 2003 Planning Commission meeting to allow the applicant to submit topographic information and a conceptual drainage plan.

9.

No. 03PL070 - Trailwood Village Subdivision
A request by Renner and Sperlich Engineering, Co. for Word of Hope Wesleyan Church to consider an application for a Layout, Preliminary and Final Plat on Lot B of Block 16, Trailwood Village located in the SE1/4 SW1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, legally described as a portion of Tract T of Trailwood Village located in the SE1/4 SW1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being located northeast of the intersection of Covington Street and East Highway 44.

Staff recommends that the Layout,Preliminary and Final Plat be continued to the July 24, 2003 Planning Commission meeting to allow the applicant time to submit additional information.

10.

No. 03PL071 - Washburn Lot
A request by Renner and Sperlich Engineering, Co. for Pat Vidal to consider an application for a Layout, Preliminary and Final Plat on Lot A and Lot B, of the Washburn Lot, located in Government Lot 4, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1, less Lot H-1 of Lots 1 and 2 of the Washburn Lot, and the balance of the Washburn Lot, located in Government Lot 4, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located southeast of the intersection of West Main Street and Jackson Boulevard.

Staff recommends that the Preliminary and Final Plat be continued tot he August 7, 2003 Planning Commission meeting and the Layout Play be approved with stipulations.

11.

No. 03SR024 - Owen Mann Subdivision
A request by the South Dakota Department of Environment and Natural Resources for Black Hills Federal Credit Union to consider an application for an 11-6-19 SDCL Review of a public utility in a public place on Lot B of Lot 2 of Tract A, Owen Mann Subdivision, Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 118 Kinney Avenue.

Staff recommends that the 11-6-19 SDCL Review be continued to the July 24, 2003 Planning Commission meeting to allow the applicant time to submit additional information.

12.

No. 03SR028 - Rapid City Greenway Tract
A request by the City of Rapid City to consider an application for an 11-6-19 SDCL Review of a public use in a public place on Tract 28, Rapid City Greenway Tract, Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located south of Omaha Street between Brennan Avenue and Elm Avenue.

Staff recommends that the 11-6-19 SDCL Review of a public use in a public place be continued to the July 24, 2003 Planning Commission meeting to allow the applicant time to submit additional information.

13.

No. 03SR032 - Owen Hibbard Subdivision
A request by Ralph Wyngarden, Faulk & Foster for Western Wireless to consider an application for an 11-6-19 SDCL Review of a public utility in a public place on Lot 2, Owen Hibbard Subdivision, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1930 Promise Road.

Staff recommends that the 11-6-19 SDCL Review of a public utility in a public place be continued to the August 21, 2003 Planning Commission meeting.

14.

Item omitted

15.

No. 03SR035 - Lazy P-6 Subdivision
A request by Centerline, Inc. for Lazy P-6 Properties, LLC to consider an application for an 11-6-19 SDCL Review to allow construction of a street in the Section Line Highway on Government Lot 1 and 2, Less ROW, Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located in the southeast quadrant of the current Parkview Drive terminus.

Staff recommends that the 11-6-19 SDCL Review to allow construction of a street in the Section Line Highway be approved with stipulations.

16.

No. 03VE005 - Section 17, T2N, R7E
A request by Dream Design International for Art Janklow to consider an application for a Vacation of a portion of a 33 foot wide Private Access Easement on a portion of Tract C of the NE1/4 NW1/4, Section 17, T2N, R7E, BHM, Pennington County, South Dakota, more generally described as being located in the Cimarron Mobile Home Park.

Staff recommends that the Vacation of a portion of a 33 foot wide Private Access Easement be continued to the July 24, 2003 Planning Commission meeting to allow the applicant time to submit additional information.

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

 

---HEARING ITEMS CONSENT CALENDAR---

*17.

No. 02PD059 - Cleary Subdivision
A request by Dave Fisk for Black Hills Equestrian Center to consider an application for a Planned Unit Development - Final Development Plan on Lots A thru C of Cleary Subdivision, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located approximately one half mile east of the intersection of U.S. Highway 16 and U.S. Highway 16 B.

Staff recommendation that the Final Planned Unit Development be approved with stipulations.

 

The Rapid City Planning Commission's action on this item is final unless any party appeals that decision to the Rapid City Council. All appeals must be submitted in writing to the Planning Department by close of business on the seventh full calendar day following action by the Planning Commission.

*18.

No. 03PD024 - Wellington Heights
A request by TSP Three, Inc. for Wellington Heights, LLC to consider an application for a Planned Unit Development - Initial and Final Development Plan on Lot B, Cleary Subdivision, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 6715 Wellington Drive.

Staff recommends that the Planned Unit Development - Initial and Final Development Plan be continued to the July 24, 2003 Planning Commission meeting to allow the applicant to submit additional information.

 

The Rapid City Planning Commission's action on this item is final unless any party appeals that decision to the Rapid City Council. All appeals must be submitted in writing to the Planning Department by close of business on the seventh full calendar day following action by the Planning Commission.

19.

No. 03PL055 - Wellington Heights
A request by TSP Three, Inc. for Wellington Heights, LLC to consider an application for a Preliminary and Final Plat on Lots 1 thru 45, Block 1, Wellington Heights Subdivision, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot B, Cleary Subdivision, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 6715 Wellington Drive.

Staff recommends that the Preliminary and Final Plat be continued to the July 24, 2003 Planning Commission meeting to allow the applicant to submit additional information.

*20.

No. 02PD063 - Red Rock Estates
A request by Dream Design International Inc. to consider an application for a Planned Development Designation on a parcel of land located in the W1/2 NW1/4 NE1/4 of Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; being more particularly described by metes and bounds as follows: Beginning at the northwest corner of Lot 6, Block 14 of Red Rock Estates as recorded in the Pennington County Register of Deeds Office in Book 30, Page 155; Thence N0344'30"W 140.25 feet; thence N0838'28"E 143.92 feet; thence N1140'26"E 155.33 feet; thence N2122'17"E 120.00 feet; thence S6837'43"E 160.00 feet; thence S2122'17"W 120.00 feet to a point of curvature; thence southerly along the arc of said curve to the left whose radius is 174.50 feet and whose delta is 1243'49", an arc length of 38.77 feet to a point of tangency; thence S0838'28"W 175.86 feet to a point of curvature; thence southerly along the arc of said curve to the left whose radius is 174.50 feet and whose delta is 3444'55", and arc length of 105.83 feet to a point of reversed curvature; thence southerly along the arc of said curve to the right whose radius is 125.50 feet and whose delta is 1948'27", an arc length of 43.39 feet to a point on said curve; thence S8341'59"W 185.45 feet to the Point Of Beginning, more generally described as being located along the extension of Birkdale Road off Muirfield Drive.

Staff recommends that the Planned Development Designation be denied without prejudice.

 

The Rapid City Planning Commission's action on this item is final unless any party appeals that decision to the Rapid City Council. All appeals must be submitted in writing to the Planning Department by close of business on the seventh full calendar day following action by the Planning Commission.

21.

No. 02PL114 - Red Rock Estates
A request by Dream Design International Inc. to consider an application for a Preliminary and Final Plat on Lots 7 thru 10, Block 14 and Outlot LS and dedicated streets of Red Rock Estates, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted W1/2 NW1/4 NE1/4 less Red Ridge Ranch, less Red Rock Estates and less right-of-way located in Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located along the extension of Birkdale Road off Muirfield Drive.

Staff recommends that the Preliminary and Final Plat be denied without prejudice.

22.

No. 02RZ065 - Red Rock Estates
A request by Dream Design International Inc. to consider an application for a Rezoning from General Agriculture District to Low Density Residential District on a parcel of land located in the W1/2 NW1/4 NE1/4 of Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; being more particularly described by metes and bounds as follows: Beginning at the northwest corner of Lot 6, Block 14 of Red Rock Estates as recorded in the Pennington County Register of Deeds Office in Book 30, Page 155; Thence N0344'30"W 140.25 feet; thence N0838'28"E 143.92 feet; thence N1140'26"E 155.33 feet; thence N2122'17"E 120.00 feet; thence S6837'43"E 160.00 feet; thence S2122'17"W 120.00 feet to a point of curvature; thence southerly along the arc of said curve to the left whose radius is 174.50 feet and whose delta is 1243'49", an arc length of 38.77 feet to a point of tangency; thence S0838'28"W 175.86 feet to a point of curvature; thence southerly along the arc of said curve to the left whose radius is 174.50 feet and whose delta is 3444'55", and arc length of 105.83 feet to a point of reversed curvature; thence southerly along the arc of said curve to the right whose radius is 125.50 feet and whose delta is 1948'27", an arc length of 43.39 feet to a point on said curve; thence S8341'59"W 185.45 feet to the Point Of Beginning; in the SE1/4 of the NW1/4 of Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located along the extension of Birkdale Road off Muirfield Drive.

Staff recommends that the Rezoning from General Agriculture District to Low Density Residential District be denied without prejudice.

23.

No. 02SV042 - Red Rock Estates
A request by Dream Design International Inc. to consider an application for a Variance to the Subdivision Regulations to waive the requirements to install sidewalks and curb and gutter as per Section 16.16 of the Subdivision Regulations on a parcel of land located in the W1/2 NW1/4 NE1/4 of Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, being more particularly described by metes and bounds as: Beginning at the northwest corner of Lot 6, Block 14 of Red Rock Estates as recorded in the Pennington County Register off Deeds Office in Book 30, Page 155; thence N0344'30"W 140.25 feet; thence N0838'28"E 143.92 Feet; thence N1140'26"E 155.33 Feet; thence N2122'17"E 120.00 Feet; thence S6837'43"E 160.00 feet; thence N2122'17"E 632.95 feet; thence N6845'17"W 12.50 feet; thence N2122'17"E 24.00 feet; thence S6845'17"E 8.37 feet; thence N2122'31"E 32.50 feet; thence S6845'17"E 20.00 feet; thence S2122'31"W 32.50 feet; thence S6845'17"E 45.63 feet; thence S2122'17"W 24.00 feet; thence N6845'17"W 12.50 feet; thence S2122'17"W 124.33 feet; thence N9000'00"E 96.61 feet; Thence S0000'00"E 116.52 feet; thence S9000'00"W 142.20 feet; thence S2122'17"W 129.24 feet; thence S2337'43"E 14.14 feet; thence S6837'43"E 30.17 feet; thence S2122'17"W 40.00 feet; thence N6837'43"W 30.17 feet; thence S6622'17"W 14.14 feet; thence S2122'17"W 314.36 feet to a point of curvature; thence southerly along the arc of said curve to the left whose radius 125.50 feet and whose delta is 1243'49", an arc length of 27.88 feet to a point tangency; thence S0838'28"W 175.86 feet to a point of curvature; thence southerly along the arc of said curve to the left whose radius 125.50 feet and whose delta is 3444'55", an arc length of 76.11 feet to a point of reversed curvature; thence southerly along the arc of said reversed curve to the right whose radius 174.50 feet and whose delta is 3136'04", an arc length of 96.24 feet to a point of tangency; thence S0529'36"W 86.04 feet; thence S4139'58"E 13.64 feet to a point lying on a curve concave to the south and whose chord bears N8430'24"W, 69.00 feet; thence westerly along the arc of said curve to the left whose radius 438.00 feet and whose delta is 0902'07", an arc length of 69.07 feet to a point on said curve; thence N4834'56"E 14.64 feet; thence N0529'36"E 84.62 feet to a point of curvature; thence northerly along the arc of said curve to the left whose radius 125.50 feet and whose delta is 1147'37", an arc length of 25.83 feet to a point on said curve; thence S8341'59"W 185.45 feet to the Point of Beginning, legally described as the unplatted W1/2 NW1/4 NE1/4 less Red Ridge Ranch, less Red Rock Estates and less right-of-way located in Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located along the extension of Birkdale Road off Muirfield Drive.

Staff recommends that the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter and sidewalks be denied without prejudice.

No. 03AN008 - Big Sky Subdivision
A request by Dream Design International, Inc. to consider an application for a Petition for Annexation on the unplatted balance of the NW1/4 SE1/4 less Big Sky Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located north of South Pitch Drive and Elmer Street.

Staff recommends that the Petition for Annexation be approved contingent on any payment that may be due to the Rapid Valley Fire District being made by the City of Rapid City upon annexation.

25.

No. 03PL068 - Big Sky Subdivision
A request by Dream Design International, Inc. to consider an application for a Preliminary and Final Plat on Lots 10-12, Block 4; Lots 1-11, Block 17; Lots 12-22, Block 15; Lots 3-5, Block 16 of Big Sky Subdivision and dedicated Elmer Street, Aurora Drive, Carl Avenue and Major Drainage Easements located in the N1/2NW1/4SE1/4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted balance of the NW1/4 SE1/4 less Big Sky Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located north of South Pitch Drive and Elmer Street.

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

26.

No. 03RZ024 - Big Sky Subdivision
A request by Dream Design International, Inc. to consider an application for a Rezoning from No Use District to Low Density Residential District on the unplatted balance of the NW1/4 SE1/4 less Big Sky Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located north of South Pitch Drive and Elmer Street.

Staff recommends that the Rezoning from No Use District to Low Density Residential District be approved.

27.

No. 03CA017 - I-90 Heartland Business Park Subdivision
A request by FMG, Inc. for Bypass LLC to consider an application for a Comprehensive Plan Amendment to amend the Major Street Plan on the S1/2 of Section 21; and, the NE1/4, NW1/4 SE1/4, E1/2 NW1/4 and the NE1/4 SW1/4 of Section 28, all located in T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located north and west of the intersection of I-90 and Elk Vale Road.

Staff recommends that the Comprehensive Plan Amendment to amend the Major Street Plan be approved with one stipulation.

*28.

No. 03PD027 - Superpumper Addition
A request by DLK Engineering for South Creek Village to consider an application for a Planned Residential Development - Initial and Final Development Plan on Lot 2 less a parcel of land described by metes and bounds as beginning at the SE Section Corner of Section 7, T1N, R8E, BHM; thence N8932'15"W a distance of 639.26 feet more or less; thence N0000'35"W a distance of 50 feet more or less to the True Point of Beginning; this point is the common corner of the South East corner of Lot 2 Fellowship Addition and the South West corner of the remaining balance of Lot 2 Superpumper Addition; thence N0000'35"W a distance of 610.83 feet more or less; thence N8929'15"W a distance of 22.78 feet more or less; thence N0002'07"E a distance of 330.81 feet more or less; thence S8937'12"E a distance of 611.89 feet more or less; thence S0001'35"W a distance of 742.35 feet more or less; thence N0932'15"W a distance of 200.00 feet more or less; thence S0001'35"W a distance of 200.00 feet more or less; thence N8932'15"W a distance of 389.26 feet to the True Point of Beginning, located in Superpumper Addition, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located north of Fairmont Boulevard and east of South Highway 79.

Staff recommends that the Planned Residential Development - Initial and Final Development Plan be continued to the July 24, 2003 Planning Commission meeting to allow the applicant to submit additional information.

 

The Rapid City Planning Commission's action on this item is final unless any party appeals that decision to the Rapid City Council. All appeals must be submitted in writing to the Planning Department by close of business on the seventh full calendar day following action by the Planning Commission.

*29.

No. 01UR042 - Section 23, T1N, R7E
A request by the City of Rapid City to consider an application for a Revocation of a Use on Review to allow Communication Tower in Public District on Lot 2 of Owen Hibbard Subdivision, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located north of Golden Eagle Drive and adjacent to old Marine Life.

Staff recommends that the Revocation of a Use on Review to allow a Communication Tower in the Public Zoning District be continued to the August 21, 2003 Planning Commission meeting at the applicant's request.

 

The Rapid City Planning Commission's action on this item is final unless any party appeals that decision to the Rapid City Council. All appeals must be submitted in writing to the Planning Department by close of business on the seventh full calendar day following action by the Planning Commission.

*30.

No. 03UR007 - Original Town of Rapid City
A request by Mike Derby for Quincy Professional Trust to consider an application for a Conditional Use Permit to allow professional offices in High Density Residential District on Lot 26 and the west 19 feet of Lot 27, Block 101, Original Town of Rapid City, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 914 Quincy Street.

Staff recommends that the Conditional Use Permit to allow professional offices in High Density Residential District be continued to the July 24, 2003 Planning Commission meeting to allow the applicant time to submit additional information.

 

The Rapid City Planning Commission's action on this item is final unless any party appeals that decision to the Rapid City Council. All appeals must be submitted in writing to the Planning Department by close of business on the seventh full calendar day following action by the Planning Commission.

31.

No. 03TI009 - Section 3, T1N, R8E and Section 34, T2N, R8E
A request by Dream Design International to consider an application for a Resolution Creating Tax Increment District No. 42 on the NE1/4NE1/4 less ROW, GL2, SW1/4NE1/4, N1/2GL3, GL 4 less ROW, E1/2SW1/4NW1/4, S1/2GL3 less Big Sky Subdivision, SE1/4NW1/4 less Big Sky Subdivision, W1/2SW1/4NW1/4 including private Drive and less ROW, all located in Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Tract A, Big Sky Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 2 and Lot 8 including ROW, Block 13, Big Sky Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lots 2, 3, 4, and 5 including ROW, Block 14, Big Sky Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, NE1/4SE1/4, NW1/4SE1/4, SW1/4SE1/4, SE1/4NW1/4, SW1/4NW1/4 less ROW, N1/2SW1/4 less ROW, S1/2SW1/4 less Lot 1 of Neff Subdivision #3 less ROW, all located in Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 1, Neff Subdivision #3, Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 in SW1/4NW1/4, Lot H2 in SW1/4NW1/4, Lot H1 in W1/2SW1/4, Lot H2 in N1/2W1/2SW1/4, and Lot H3 in S1/2SW1/4, all located in Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H2 in N1/2 of Government Lot 4, Lot H3 in S1/2 of Government Lot 4, Lot H2 in W1/2SW1/4NW1/4, Lot H1 in NW1/4NW1/4, and Lot H1 in SW1/4NW1/4, all located in Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 in E1/2NE1/4, Lot H2 in E1/2NE1/4, Lot H2 in E1/2SE1/4, and Lot H1 in SE1/4, all located in Section 33, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 in NE1/4, and Lot H2 in Government Lot 1 and the SE1/4NE1/4, all located in Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Elk Vale Road right-of-way between SE1/4NE1/4, Section 33, and SW1/4NW1/4, Section 34, all in T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Elk Vale Road right-of-way between SE1/4, Section 33 and SW1/4, Section 34, all in T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Elk Vale Road between NE1/4 of Section 4 and NW1/4 of Section 3, all in T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Homestead Drive and Degeest Street rights-of-way, located in the NW1/4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east of Elk Vale Road and north of Twilight Drive.

Staff recommends that the Resolution Creating Tax Increment District No. 42 be continued to the July 24, 2003 Planning Commission meeting to allow the annexation portion of this proposed district to become effective.

32.

No. 03TI010 - Section 3, T1N, R8E and Section 34, T2N, R8E
A request by Dream Design International to consider an application for a Tax Increment District No. 42 - Project Plan on the NE1/4NE1/4 less ROW, GL2, SW1/4NE1/4, N1/2GL3, GL 4 less ROW, E1/2SW1/4NW1/4, S1/2GL3 less Big Sky Subdivision, SE1/4NW1/4 less Big Sky Subdivision, W1/2SW1/4NW1/4 including private Drive and less ROW, all located in Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Tract A, Big Sky Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 2 and Lot 8 including ROW, Block 13, Big Sky Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lots 2, 3, 4, and 5 including ROW, Block 14, Big Sky Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, NE1/4SE1/4, NW1/4SE1/4, SW1/4SE1/4, SE1/4NW1/4, SW1/4NW1/4 less ROW, N1/2SW1/4 less ROW, S1/2SW1/4 less Lot 1 of Neff Subdivision #3 less ROW, all located in Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 1, Neff Subdivision #3, Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 in SW1/4NW1/4, Lot H2 in SW1/4NW1/4, Lot H1 in W1/2SW1/4, Lot H2 in N1/2W1/2SW1/4, and Lot H3 in S1/2SW1/4, all located in Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H2 in N1/2 of Government Lot 4, Lot H3 in S1/2 of Government Lot 4, Lot H2 in W1/2SW1/4NW1/4, Lot H1 in NW1/4NW1/4, and Lot H1 in SW1/4NW1/4, all located in Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 in E1/2NE1/4, Lot H2 in E1/2NE1/4, Lot H2 in E1/2SE1/4, and Lot H1 in SE1/4, all located in Section 33, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 in NE1/4, and Lot H2 in Government Lot 1 and the SE1/4NE1/4, all located in Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Elk Vale Road right-of-way between SE1/4NE1/4, Section 33, and SW1/4NW1/4, Section 34, all in T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Elk Vale Road right-of-way between SE1/4, Section 33 and SW1/4, Section 34, all in T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Elk Vale Road between NE1/4 of Section 4 and NW1/4 of Section 3, all in T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Homestead Drive and Degeest Street rights-of-way, located in the NW1/4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east of Elk Vale Road and north of Twilight Drive.

Staff recommends that the Project Plan for Tax Increment District No. 42 be continued to the July 24, 2003 Planning Commission meeting to allow the annexation portion of this proposed district to become effective.

---END OF HEARING CONSENT CALENDAR---

---BEGINNING OF REGULAR AGENDA ITEMS---

33.

No. 03PL067 - I-90 Heartland Business Park Subdivision
A request by FMG, Inc. for Bypass LLC to consider an application for a Preliminary Plat on Lots 1 through 9 of Block 1, Lots 1 through 3 of Block 2, Lots 1 through 6 of Block 3, all of I-90 Heartland Business Park, and dedicated public right-of-way shown on Elk Vale Road, Seger Drive, Taggart Road and Galt Court located in the NE1/4 of Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the W1/2 NE1/4; N1/2 NE1/4 NE1/4; and the unplatted portion of the S1/2 NE1/4 NE1/4; N1/2 SE1/4 NE1/4 all in Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located north and west of the intersection of I-90 and Elk Vale Road.

Staff recommends that the Preliminary Plat be approved with stipulations.

34.

No. 03SV023 - I-90 Heartland Business Park Subdivision
A request by FMG, Inc. for Bypass LLC to consider an application for a Variance to the Subdivision Regulations to allow platting on one half of the right-of-way and to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer, water and pavement on the Section Line Highway as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 through 9 of Block 1, Lots 1 through 3 of Block 2, Lots 1 through 6 of Block 3, all of I-90 Heartland Business Park, and dedicated public right-of-way shown on Elk Vale Road, Seger Drive, Taggart Road and Galt Court located in the NE1/4 of Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the W1/2 NE1/4; N1/2 NE1/4 NE1/4; and the unplatted portion of the S1/2 NE1/4 NE1/4; N1/2 SE1/4 NE1/4 all in Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located north and west of the intersection of I-90 and Elk Vale Road.

Staff recommends that the Variance to the Subdivision Regulations to allow platting on one half of the right-of-way and to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer, water and pavement on the section line highway be denied.

35.

No. 03PL072 - Lazy P-6 Subdivision
A request by Centerline, Inc. for Lazy P-6 Properties, LLC to consider an application for a Layout Plat on Lot 1 of Block 1, Lazy P-6 Subdivision, Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as NW1/4 NW1/4 NW1/4 of Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located in the southeast quadrant of the current Parkview Drive terminus.

Staff recommends that the the Layout Plat be approved with stipulations.

36.

No. 03SV024 - Lazy P-6 Subdivision
A request by Centerline, Inc. for Lazy P-6 Properties, LLC to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer and water as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1 of Block 1, Lazy P-6 Subdivision, Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as NW1/4 NW1/4 NW1/4 of Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located in the southeast quadrant of the current Parkview Drive terminus.

Staff recommends that the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer, water and pavement along the section line highway be denied.

37.

No. 03SE004 - Superpumper Addition
A request by DLK Engineering for South Creek Limited Partnership to consider an application for a Special Exception to allow 80 dwelling units in lieu of 40 dwelling units with one point of access on Lot 2 less a parcel of land described by metes and bounds as beginning at the SE Section Corner of Section 7, T1N, R8E, BHM; thence N8932'15"W a distance of 639.26 feet more or less; thence N0000'35"W a distance of 50 feet more or less to the True Point of Beginning; this point is the common corner of the South East corner of Lot 2 Fellowship Addition and the South West corner of the remaining balance of Lot 2 Superpumper Addition; thence N0000'35"W a distance of 610.83 feet more or less; thence N8929'15"W a distance of 22.78 feet more or less; thence N0002'07"E a distance of 330.81 feet more or less; thence S8937'12"E a distance of 611.89 feet more or less; thence S0001'35"W a distance of 742.35 feet more or less; thence N0932'15"W a distance of 200.00 feet more or less; thence S0001'35"W a distance of 200.00 feet more or less; thence N8932'15"W a distance of 389.26 feet to the True Point of Beginning, located in Superpumper Addition, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located north of Fairmont Boulevard and east of South Highway 79.

Staff recommends that the Special Exception to allow 80 dwelling units in lieu of 40 dwelling units with one point of access be denied.

*38.

No. 03PD032 - Fox Run Subdivision
A request by Renner and Sperlich Engineering Co. for Werner Construction LLC to consider an application for a Major Amendment to a Planned Residential Development to reduce a section line set back from 58 feet to 33 feet on Lot 17R and 18 of Block 4, Fox Run Subdivision located in the NW1/4 NW1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the west end of Fox Run Drive.

Staff recommends that the Major Amendment to a Planned Residential Development to reduce a section line seback from 58 feet to 33 feet be denied.

 

The Rapid City Planning Commission's action on this item is final unless any party appeals that decision to the Rapid City Council. All appeals must be submitted in writing to the Planning Department by close of business on the seventh full calendar day following action by the Planning Commission.

*39.

No. 03UR009 - Section 31, T2N, R8E
A request by Li Zhu for the Hong Kong Buffet to consider an application for a Conditional Use Permit to allow an On-Sale Liquor Establishment in a General Commercial Zoning District on Tract K of S1/2 NE1/4 SE1/4 less a parcel 80 feet by 131 feet and less Lot H1; Lot 2 Revised of Tract A of Feigel Subdivision #1, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 927 E. North Street.

Staff recommends that the Conditional Use Permit to allow an On-Sale Liquor Establishment in a General Commercial District be approved with stipulations.

 

The Rapid City Planning Commission's action on this item is final unless any party appeals that decision to the Rapid City Council. All appeals must be submitted in writing to the Planning Department by close of business on the seventh full calendar day following action by the Planning Commission.

40.

No. 03VR005 - Freedland Subdivision
A request by William H. Siegel to consider an application for a Vacation of Right-of-Way on the 40 foot right-of-way north of Lot 5, Freeland Subdivision, located in the SE1/4 SW1/4, Section 19, T2N, R8E, BHM, Pennington County, South Dakota, more generally described as being located at 2925 Freedland Avenue.

Staff recommends that the Vacation of Right-of-Way be denied.

41.

Discussion Items

 

A.

Zoning Variance Application Fees - Jim Clark

 

B.

Severson Street/Dunham Drive Renaming

42.

Staff Items

43.

Planning Commission Items

44.

Committee Reports

 

A.

City Council Report (June 16, 2003)

The City Council concurred with the recommendations of the Planning Commission with the exception of the following items:

No. 03SE001 - A request by the City of Rapid City to consider an application for a Special Exception to the Floodplain Building District Ordinance on Tract 1, Rapid City Greenway Tract, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located in Canyon Lake Park, 4501 Jackson Boulevard.

On June 5, 2003 the Planning Commission's motion to deny the Special Exception to the Floodplain Building District Ordinance was tied and pursuant to the Bylaws of the Planning Commission, the request was sent to City Council without a recommendation. On June 16, 2003 the City Council approved the Special Exception to the Floodplain Building District Ordinance with stipulations.

 

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.

Smart Growth Committee

 

N.

Others

ADDENDUM

40A.

No. 03SR036 - Seventh Street Right -of-Way
A request by Todd Rigione for the Seventh Street Promenade Project to consider an application for an 11-6-19 SDCL Review to allow street dances, movies and vendors in public right-of-way on the Seventh Street right-of-way between Main Street and St. Joseph Street, more generally described as being located on 7th Street between Main Street and St. Joseph Street.

Staff recommends that the 11-6-19 SDCL Review to allow street dances, movies and vendor in public right-of-way be approved with stipulations.

43A. Election of Officers


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