AGENDA

City of Rapid City Planning Commission

February 5, 2009 7:00 A.M.

City Council Meeting Room

300 Sixth Street

Rapid City, SD  57701

 

SOME OF THE ITEMS ON THIS AGENDA ARE SUBJECT TO A PUBLIC HEARING OR CONSIDERATION BY THE RAPID CITY COUNCIL FOR FINAL ACTION. PLEASE CONTACT GROWTH MANAGEMENT STAFF FOR INFORMATION REGARDING THE DATE ANY PARTICULAR ITEM MAY BE CONSIDERED BY THE CITY COUNCIL.

 

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:

 

---CONSENT CALENDAR---

 

1.

Approval of the January 22, 2009 Planning Commission Meeting Minutes.

 

2.

No. 08CA037 - Section 24, T1N, R7E

A request by TSP, Inc. for Black Hills Corporation to consider an application for a Amendment to the Adopted Comprehensive Plan to change the Future Land Use Plan from Planned Residential Development with 6.7 dwelling units per acre to Office Commercial District with a Planned Commercial Development on the SW1/4 of the SW1/4, and that part of the NW1/4 of the SW1/4 lying south of Highway Right-of-way, less Lot H1, all located in Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located south of Catron Boulevard and east of Tartan Court.

The Future Land Use Committee recommends that the Amendment to the Adopted Comprehensive Plan to change the Future Land Use Plan from Planned Residential Development with 6.7 dwelling units per acre to Office Commercial District with a Planned Commercial Development be approved.

 

3.

No. 08RZ035 - Section 24, T1N, R7E

A request by TSP, Inc. for Black Hills Corporation to consider an application for a Rezoning from General Agriculture District to Office Commercial District on the SW1/4 of the SW1/4, and that part of the NW1/4 of the SW1/4 lying south of Highway Right-of-way, less Lot H1, all located in Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located south of Catron Boulevard and east of Tartan Court.

Staff recommends that the Rezoning from General Agriculture District to Office Commercial District be approved in conjunction with the Comprehensive Plan Amendment to the Future Land Use Plan and the Initial Commercial Development Plan.

 

*4.

No. 08PD054 - Section 24, T1N, R7E

A request by TSP, Inc. for Black Hills Corporation to consider an application for a Planned Commercial Development - Initial Development Plan on the SW1/4 of the SW1/4, and that part of the NW1/4 of the SW1/4  lying south of Highway Right-of-way, less Lot H1, all located in Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located south of Catron Boulevard and east of Tartan Court.

Staff recommends that the Planned Commercial Development - Initial Development Plan 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 Growth Management Department by close of business on the seventh full calendar day following action by the Planning Commission.

 

5.

No. 08PL116 - Elks Country Estates

A request by Sperlich Consulting, Inc. for Zandstra Real Estate Holdings to consider an application for a Preliminary Plat for proposed Lots 8 thru 12 of Block 8, Lots 5 thru 9 of Block 9, Lots 17 thru 23 of Block 10, Lots 4 thru 18 of Block 11 and Lots 1 thru 10 of Block 13 of Elks Country Estates, legally described as a portion of Tract 1 of the E1/2, Section 16, T1N, R8E, BHM, located in the SE1/4, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located adjacent to the north and south sides of the intersection of Jolly Lane and Padre Drive and adjacent to Forest Oaks Court.

Staff recommends that the Preliminary Plat be continued to the February 5, 2009 Planning Commission meeting to allow the applicant to submit additional information.

 

6.

No. 08PL131 - Rushmore Business Park

A request by FourFront Design, Inc. for Rapid City Economic Development Foundation to consider an application for a Preliminary Plat for proposed Lot 1R and Lot 2 of Block 3 of Rushmore Business Park, legally described as Lot 1 of Block 3 and a portion of Government Lot 2, located in the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: Commencing at the N¼ Corner of Section 4, Township 1 North, Range 8 East of the Black Hills Meridian, Pennington County, South Dakota; Thence S00º06’56”W along the Center 1/4 line of said Section 4 a distance of 124.10 feet to a point on the South Right-of-Way of East Anamosa Street, Thence N89º56’23”E along said South Right-of-Way of East Anamosa Street a distance of 142.23 feet to a point along said Right-of-Way to the point of beginning: Thence N89º57’20”E along said South Right-of-Way of East Anamosa Street a distance of 285.56 feet to the intersection of the South Right-of-Way of East Anamosa Street and the West Right-of-Way of Concourse Drive; thence S00º11’20”W along the West Right-of-Way of Concourse Drive a distance of 129.00 feet; thence continuing along the West Right-of-Way of Concourse Drive along a curve to the LEFT, having a radius of 562.00 feet, a delta angle of 13º19’37” and whose long chord bears S06º43’28”E a distance of 135.30 feet; thence continuing along the West Right-of-Way of Concourse Drive S13º38’17”E a distance of 668.79 feet; thence S76º22’04”W a distance of 265.23 feet; thence N13º37’01”W a distance of 439.18 feet; thence S76º22’37”W a distance of 60.35 feet; thence N13º37’23”W a distance 302.02 feet; thence N77º53’25”E a distance of 57.99 feet; thence N05º25’18”W a distance of 258.44 feet to the point of beginning, more generally described as being located at 333 Concourse Drive.

Staff recommends that the Preliminary Plat be continued to the February 19, 2009 Planning Commission meeting.

 

7.

No. 08SV047 - Rushmore Business Park

A request by FourFront Design, Inc. for Rapid City Economic Development Foundation to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along East Anamosa Street and to waive the requirement to install sidewalk on Concourse Drive as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lot 1R and Lot 2 of Block 3 of Rushmore Business Park, legally described as Lot 1 of Block 3 and a portion of Government Lot 2, located in the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: Commencing at the N¼ Corner of Section 4, Township 1 North, Range 8 East of the Black Hills Meridian, Pennington County, South Dakota; Thence S00º06’56”W along the Center 1/4 line of said Section 4 a distance of 124.10 feet to a point on the South Right-of-Way of East Anamosa Street, Thence N89º56’23”E along said South Right-of-Way of East Anamosa Street a distance of 142.23 feet to a point along said Right-of-Way to the point of beginning: Thence N89º57’20”E along said South Right-of-Way of East Anamosa Street a distance of 285.56 feet to the intersection of the South Right-of-Way of East Anamosa Street and the West Right-of-Way of Concourse Drive; thence S00º11’20”W along the West Right-of-Way of Concourse Drive a distance of 129.00 feet; thence continuing along the West Right-of-Way of Concourse Drive along a curve to the LEFT, having a radius of 562.00 feet, a delta angle of 13º19’37” and whose long chord bears S06º43’28”E a distance of 135.30 feet; thence continuing along the West Right-of-Way of Concourse Drive S13º38’17”E a distance of 668.79 feet; thence S76º22’04”W a distance of 265.23 feet; thence N13º37’01”W a distance of 439.18 feet; thence S76º22’37”W a distance of 60.35 feet; thence N13º37’23”W a distance 302.02 feet; thence N77º53’25”E a distance of 57.99 feet; thence N05º25’18”W a distance of 258.44 feet to the point of beginning, more generally described as being located at 333 Concourse Drive.

Staff recommends that the Variance to the Subdivision Regulations to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along East Anamosa Street and to waive the requirement to install sidewalk on Concourse Drive as per Chapter 16.16 of the Rapid City Municipal Code be continued to the February 19, 2009 Planning Commission meeting to be heard in conjunction with the associated Preliminary Plat application.

 

8.

No. 08PL137 - Trusty Subdivision

A request by Britton Engineering & Land Surveying for Linda Weins to consider an application for a Layout Plat for proposed Lots 1 thru 4 of Weins Subdivision, formerly an unplatted parcel located in the E1/2 NW1/4 SW1/4 less Lot 1 of Trusty Subdivision and less County Road Right-of-way all located in Section 15, T1S, R7E, BHM, Pennington County, South Dakota, legally described as an unplatted parcel located in the E1/2 NW1/4 SW1/4 less Lot 1 of Trusty Subdivision and less County Road Right-of-way all located in Section 15, T1S, R7E, BHM, Pennington County, South Dakota, more generally described as being located at 13924 Neck Yoke Road.

Staff recommends that the Layout Plat be continued to the February 19, 2009 Planning Commission meeting.

 

9.

No. 08PL143 - Rainbow Ridge Subdivision

A request by Sperlich Consulting, Inc. for Joe Muth at Doeck, LLC to consider an application for a Preliminary Plat for proposed Lot 1R-2 of Block 3 of Rainbow Ridge Subdivision, located in E1/2 NE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1R of Block 3 of Rainbow Ridge Subdivision, located in the SE1/4 NE1/4, and a portion of the NE1/4 NE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the northwest terminus of Bunker Drive.

Staff recommends that the Preliminary Plat be continued the February 19, 2009 Planning Commission meeting.

 

10.

No. 08PL176 - Keller Subdivision

A request by Renner & Associates for Pete Lien and Sons to consider an application for a Preliminary Plat for proposed Lots 1 and 2 of Keller Subdivision, located in the S1/2 of the SE1/4 and the SE1/4 of the SW1/4, Section 17, T2N, R7E, BHM, Pennington County, South Dakota, legally described as Lots A and B of Keller Subdivision, located in the S1/2 of the SE1/4 and the SE1/4 of the SW1/4, Section 17, T2N, R7E, BHM, Pennington County, South Dakota, more generally described as being located at the Black Hills Dog Track adjacent to the west side of Sturgis Road and south of the intersection of Universal Drive and Sturgis Road.

Staff recommends that the Preliminary Plat be continued to the February 19, 2009 Planning Commission meeting.

 

11.

No. 08SV057 - Keller Subdivision

A request by Renner & Associates for Pete Lien and Sons to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along Sturgis Road as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lots 1 and 2 of Keller Subdivision, located in the S1/2 of the SE1/4 and the SE1/4 of the SW1/4, Section 17, T2N, R7E, BHM, Pennington County, South Dakota, legally described as Lots A and B of Keller Subdivision, located in the S1/2 of the SE1/4 and the SE1/4 of the SW1/4, Section 17, T2N, R7E, BHM, Pennington County, South Dakota, more generally described as being located at the Black Hills Dog Track adjacent to the west side of Sturgis Road and south of the intersection of Universal Drive and Sturgis Road.

Staff recommends that the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along Sturgis Road as per Chapter 16.16 of the Rapid City Municipal Code be continued to the February 19, 2009 Planning Commission meeting to be heard in conjunction with the associated Preliminary Plat.

 

12.

No. 08SR078 - Rapid City Airport Subdivision No. 6

A request by Hengel Associates, P.C. for Dale Aviation, Inc. to consider an application for a SDCL 11-6-19 Review to allow structures on public property on located in the unplatted portion of Rapid City Airport Subdivision No. 6, Section 17, T1N, R9E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 3900 Airport Road.

Staff recommends that the SDCL 11-6-19 Review to allow structures on public property be continued to the February 19, 2009 Planning Commission meeting.

 

13.

No. 08SR084 - Rapid City Greenway Tracts

A request by Kathy Cook for Bethesda Broadcasting to consider an application for a SDCL 11-6-19 Review to allow temporary structures on public property on Tract 20 less Lot H1, Rapid City Greenway Tracts, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located north of Omaha Street between North Mount Rushmore Road and Fifth Street.

Staff recommends that the SDCL 11-6-19 Review to allow temporary structures on public property be continued to the March 5, 2009 Planning Commission meeting to allow the applicant to submit additional information.

 

14.

No. 08SR089 - Rapps Addition

A request by Quinn Kayser-Cochran for SWS, LLC to consider an application for a SDCL 11-6-19 Review to allow a co-location on an existing cellular tower on Lot 2A of Block 2 of Rapps Addition, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 640 Eglin Street.

Staff recommends that the SDCL 11-6-19 Review to allow a co-location on an existing cellular tower be continued to the February 19, 2009 Planning Commission meeting.

 

15.

No. 08SR090 - Blakes Addition

A request by Quinn Kayser-Cochran for SWS, LLC to consider an application for a SDCL 11-6-19 Review to allow a co-location on an existing cellular tower on Lots 5 thru 10 of Block 4 of Blakes Addition, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 612 East Boulevard North.

Staff recommends that the SDCL 11-6-19 Review to allow a co-location on an existing cellular tower be approved.

 

16.

No. 08VR008 - Wise's Addition

A request by D.C. Scott Co. Land Surveyors for William Taylor to consider an application for a Vacation of Right-of-way on the Monroe Street right-of-way from the east right-of-way line of Milwaukee Street to the west right-of-way line of the D.M.&E. railroad, located between and adjacent to Lots 11 thru 17 of Block 13, and Lot A of Block 18 of Wise's Addition to Rapid City, located in the S1/2 NW1/4 of Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located Monroe Street between Milwaukee Street and Waterloo Street and west of the DM&E Railroad Right-of-way.

Staff recommends that the Vacation of Right-of-way be continued to the February 19, 2009 Planning Commission meeting to allow the applicant to submit additional information.

 

17.

No. 09RD001 - Marshall Subdivision

A request by City of Rapid City to consider an application for a Resolution naming the unnamed right-of-way to Glenside Street on an unnamed right-of-way lying adjacent to Lot D of Lot 3 and Lot 7C and 7D of Lot 7 of Marshall Subdivision, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located lying north and south of Homestead Street and west of Valley Drive.

Staff recommends naming the unnamed right-of-way within Marshall Subdivision, Glenside Street .

 

18.

No. 09RZ001 - Barnhart Subdivision

A request by City of Rapid City to consider an application for a Rezoning from No Use District to General Commercial District on Lot 2 of Tract A of Barnhart Subdivision, and the 150 foot wide East Highway 44 Right-of-way located south of Lot 2 of Tract A of Barnhart Subdivision, all located in Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 2808 East Highway 44.

Staff recommends that the Rezoning from No Use District to General Commercial District be approved.

 

19.

No. 09RZ002 - Barnhart Subdivision

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 of Barnhart Subdivision, and the 150 foot wide East Highway 44 right-of-way lying south of Lot 3 of Barnhart Subdivision, all located in Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 2990 East Highway 44.

Staff recommends that the Rezoning from No Use District to General Commercial District be approved.

 

20.

No. 09RZ003 - Section 4 and Section 9, 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 Tract C of the SE1/4 SW1/4 of Section 4 and Parcel E of the NE1/4 NW1/4 of Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, the portion of Lot E of the NE1/4 NW1/4 lying north of the highway right-of-way for access to Interstate Highway No. 90 Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, and the unplatted balance of the W1/2 SE1/4 SW1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 3030 and 3086 East Highway 44.

Staff recommends that the Rezoning from No Use District to General Commercial District be continued to the February 19, 2009 Planning Commission meeting.

 

21.

No. 09SR002 - Thompson Tower Tract

A request by Rick Holpp for SWS, LLC to consider an application for a SDCL 11-6-19 Review to allow co-location on an existing cellular communication tower on the balance of Lot B of Lot C of the NW1/4 less right-of-way and less portion of Thompson Tower Tract, Section 14, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 3850 Tower Road.

Staff recommends that the SDCL 11-6-19 Review to allow co-location on an existing cellular communication tower be approved.

 

22.

No. 09SR003 - Fountain Springs Business Park

A request by Rick Holpp for SWS, LLC to consider an application for a SDCL 11-6-19 Review to allow co-location on an existing communication tower on Tract E of Fountain Springs Business Park, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 2727 North Plaza Drive.

Staff recommends that the SDCL 11-6-19 Review to allow co-location on an existing communication tower be approved.

 

23.

No. 09SR005 - Wise's Addition

A request by Youth and Family Services, Inc. to consider an application for a SDCL 11-6-19 Review to allow the installation of a transformer on public property on Lot A of Block 12 of Wise's Addition, located in the SE1/4 of the NW1/4, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 410 E. Monroe.

Staff recommends that the SDCL 11-6-19 Review to allow the installation of a transformer on public property be approved.

 

24.

No. 09VR001 - Plainview Second Addition

A request by Dream Design International, Inc. to consider an application for a Vacation of Right-of-way on the east 180 feet of the 20 foot alley in Block 11 of Plainview Second Addition, lying between Sunnyside Avenue and Anamosa Street and west of the west boundary of Riley Avenue, the entire 20 foot alley in Block 12 of Plainview Second Addition lying between Sunnyside Avenue and the railroad right-of-way and east of the east boundary of Riley Avenue, North Riley Avenue 80 foot right-of-way lying north of East Anamosa Street, Cambell Street right-of-way lying north of the railroad right-of-way, Sunnyside Avenue 80 foot right-of-way east of the east boundary of Riley Avenue and west of the west boundary of Cambell Street, all located in Plainview Second Addition, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located the intersection of North Riley Avenue and East Anamosa Street.

Staff recommends that the Vacation of Right-of-way be continued to the February 19, 2009 Planning Commission meeting.

 

25.

09TP002 – 2009-2013 Transportation Improvement Program Amendment No. 09-002. 

Staff recommends approval of the 2009-2013 Transportation Improvement Program Amendment #09-003.

---END OF CONSENT CALENDAR---

 

---BEGINNING OF REGULAR AGENDA ITEMS---

 

 

26.

No. 08SR093 - Section 16, T1N, R8E

A request by Dream Design International, Inc. to consider an application for a SDCL 11-6-19 Review to upgrade the Jolly Lane Lift Station on Tract 2 of the E1/2, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east of Jolly Lane.

Staff will recommend that the SDCL 11-6-19 Review to upgrade the Jolly Lane Lift Station be approved if additional information is submitted prior to Planning Commission approval.

 

*27.

No. 08UR016 - Original Town of Rapid City

A request by Gillian Avvampato to consider an application for a Conditional Use Permit to allow an on-sale liquor establishment on Lot 11 of Block 93 of the Original Town of Rapid City, located in Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 725 St. Joseph Street.

Staff recommends that the Conditional Use Permit to allow an on-sale liquor establishment be continued to the February 19 , 2009 Planning Commission meeting.

 

 

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 Growth Management Department by close of business on the seventh full calendar day following action by the Planning Commission.

 

*28.

No. 09UR001 - Original Town of Rapid City

A request by Aida Compton for Bully Blends Coffee & Tea to consider an application for a Conditional Use Permit to allow an on-sale liquor establishment on Lots 11 thru 16 of Block 76 of the Original Town of Rapid City, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 410 Fifth Street.

Staff recommends that the Conditional Use Permit to allow an on-sale liquor establishment be continued to the February 19, 2009 Planning Commission meeting.

 

 

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 Growth Management Department by close of business on the seventh full calendar day following action by the Planning Commission.

 

29.

Discussion Items

 

 

 

 

A.

Submittal requirements for Conditional Uses. 

 

 

B.

Ex-parte Communications Policy – Joel Landeen.

 

30.

Staff Items

 

 

 

31.

Planning Commission Items

 

 

 

32.

Committee Reports

 

A.

City Council Report (January 20, 2009)

The City Council concurred with the recommendations of the Planning Commission.     

 

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

 

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 Growth Management Department so that appropriate auxiliary aids and services are available.