AGENDA

City of Rapid City Planning Commission

March 26, 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 staffs 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 March 5, 2009 Planning Commission Meeting Minutes.

 

2.

No. 08OA003 - Ordinance Amendment

A request by City of Rapid City to consider an application for an Ordinance Amendment to amend Section 17.50.335 "Sight Triangles" of the Rapid City Muncipal Code.

Staff recommends that the Ordinance Amendment to amend Section 16.50.335 “Sight Triangles “ of the Rapid City Muncipal Code be continued to the May 21, 2009 Planning Commission meeting.

 

3.

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 approved with stipulations.

 

4.

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 N Corner of Section 4, Township 1 North, Range 8 East of the Black Hills Meridian, Pennington County, South Dakota; Thence S000656W 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 N895623E 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 N895720E 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 S001120W 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 131937 and whose long chord bears S064328E a distance of 135.30 feet; thence continuing along the West Right-of-Way of Concourse Drive S133817E a distance of 668.79 feet; thence S762204W a distance of 265.23 feet; thence N133701W a distance of 439.18 feet; thence S762237W a distance of 60.35 feet; thence N133723W a distance 302.02 feet; thence N775325E a distance of 57.99 feet; thence N052518W 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 April 9, 2009 Planning Commission meeting.

 

5.

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 N Corner of Section 4, Township 1 North, Range 8 East of the Black Hills Meridian, Pennington County, South Dakota; Thence S000656W 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 N895623E 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 N895720E 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 S001120W 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 131937 and whose long chord bears S064328E a distance of 135.30 feet; thence continuing along the West Right-of-Way of Concourse Drive S133817E a distance of 668.79 feet; thence S762204W a distance of 265.23 feet; thence N133701W a distance of 439.18 feet; thence S762237W a distance of 60.35 feet; thence N133723W a distance 302.02 feet; thence N775325E a distance of 57.99 feet; thence N052518W 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 April 9, 2009 Planning Commission meeting to be heard in conjunction with the associated Preliminary Plat application.

 

6.

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, 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 April 9, 2009 Planning Commission meeting.

 

7.

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 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 approved with one stipulation.

 

8.

No. 09CA004 - Section 4, T1N, R8E

A request by City of Rapid City to consider an application for an Amendment to the Adopted Comprehensive Plan to change the land use designation from General Commercial to Public on the 100 foot wide railroad right-of-way lying north of Lot D of the SW1/4 SW1/4 of Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east of South Valley Drive and south of S.D. Highway 44.

The Future Land Use Committee recommends that the Amendment to the Adopted Comprehensive Plan to revise the Future Land Use Plan by changing the land use designation from General Commercial to Public be approved.

 

9.

No. 09RZ016 - Section 4, T1N, R8E

A request by City of Rapid City to consider an application for a Rezoning from No Use District to Public District of the 100 foot wide railroad right-of-way lying north of Lot D of the SW1/4 SW1/4 of Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east of South Valley Drive and south of S.D. Highway 44.

Staff recommends that the Rezoning from No Use District to Public District be approved in conjunction with the associated Comprehensive Plan Amendment.  

 

10.

No. 09OA001 Ordinance Amendment

A request by City of Rapid City to consider an application for an Ordinance Amendment to change the submittal requirements for Conditional Use Permits in Chapter 17.54.030A of the Rapid City Municipal Code.

Staff recommends that the Ordinance Amendment to change the submittal requirements for Conditional Use Permits in Chapter 17.54.030A of the Rapid City Municipal Code be approved.

 

*11.

No. 09PD007 - WREA Subdivision

A request by Geiger Architecture for West River Electric Association to consider an application for a Major Amendment to a Planned Industrial Development for Lot 1 of WREA Subdivision of Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 3250 East Highway 44.

Staff recommends that the Major Amendment to a Planned Industrial Development be continued to the April 9, 2009 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 Growth Management Department by close of business on the seventh full calendar day following action by the Planning Commission.

 

*12.

No. 09PD008 - Boulevard Addition

A request by Rob Larson to consider an application for a Planned Commercial Development - Initial and Final Development Plan for Lots 13 thru 20 of Block 4 of Boulevard Addition, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1124 Kansas City Street.

Staff recommends that the Planned Commercial Development - Initial and Final Development Plan be continued to the April 9, 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.

 

13.

No. 09PL001 - Blake Estates Subdivision

A request by Gene Quinn to consider an application for a Layout Plat for proposed Tract A Revised Lots 1 thru 5 of Block 1 of Blake Estates Subdivision, legally described as Tract A of Government Lot 1 and Tract A of Government Lot 2, located in the W1/2 of the NW1/4, Section 18, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 6620 West Highway 44.

Staff recommends that the Planning Commission acknowledge the applicant’s withdrawal of the Layout Plat.

 

14.

No. 09PL004 - Eastern Acres Subdivision

A request by D.C. Scott Co. Land Surveyors for Herbert Jones to consider an application for a Preliminary Plat for proposed Lots 11AR of Block 7 of Eastern Acres Subdivision, legally described as Lot 11A and the east 20 feet of Lot 11 of Block 7 of Eastern Acres Subdivision, located in the SW1/4 NW1/4 of Section 11, T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being located at 5581 Corbin Drive.

Staff recommends that the Preliminary Plat be continued to the April 9, 2009 Planning Commission meeting.

 

15.

No. 09SV004 - Eastern Acres Subdivision

A request by D.C. Scott Co. Land Surveyors for Herbert Jones to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit and additional pavement as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lots 11AR of Block 7 of Eastern Acres Subdivision, legally described as Lot 11A and the east 20 feet of Lot 11 of Block 7 of Eastern Acres Subdivision, located in the SW1/4 NW1/4 of Section 11, T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being located at 5581 Corbin Drive.

Staff recommends that the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit and additional pavement as per Chapter 16.16 of the Rapid City Municipal Code be continued to the April 9, 2009 Planning Commission meeting to be heard in conjunction with the associated Preliminary Plat.

 

16.

No. 09PL006 - Village on the Green No. 2 Subdivision

A request by Fisk Land Surveying & Consulting Engineers for Cory Martin of C.S. Martin, Inc. to consider an application for a Preliminary Plat for proposed Lots 49A and 49 B of Village on the Green No. 2 Subdivision legally described as Lot 49 of Village on the Green No. 2 Subdivision located in the NE1/4 of Section 13, T1S, R7E, BHM, Pennington County, South Dakota, more generally described as being located at 23762 and 23764 Mulligan Mile.

Staff recommends that the Preliminary Plat be approved with the following stipulations.

 

17.

No. 09SV006 - Village on the Green No. 2 Subdivision

A request by Fisk Land Surveying & Consulting Engineers for Cory Martin of C.S. Martin, Inc. to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install sidewalk and waive the requirement to dedicate additional right-of-way as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lots 49A and 49 B of Village on the Green No. 2 Subdivision legally described as Lot 49 of Village on the Green No. 2 Subdivision located in the NE1/4 of Section 13, T1S, R7E, BHM, Pennington County, South Dakota, more generally described as being located at 23762 and 23764 Mulligan Mile.

Staff recommends that the Variance to the Subdivision Regulations to waive the requirement to dedicate additional right-of-way be approved with the stipulation that a note be placed on the plat prohibiting on-street parking and that a 5 foot wide access easement shall be provided along Mulligan Mile as it abuts the property; and, That the Variance to the Subdivision Regulations to waive the requirement to install sidewalks along both sides of Mulligan Mile be approved with the stipulation that an 8 foot wide asphalt walking trail shall be provided along the north side of the northern tier of lots located along the golf course.

 

18.

No. 09PL007 - Red Rock Estates

A request by Dream Design International, Inc. to consider an application for a Preliminary Plat for proposed Lot 1R of Block 16 and vacation of Lot 1 of Red Rock Estates legally described as Lot 1 of Block 16 of Red Rock Estates located in the NW1/4 of the NW1/4 of Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located north of Bethpage Drive and Prestwick Road.

Staff recommends that the Preliminary Plat be approved with stipulations.

 

19.

No. 09RZ013 - Section 4, T1N, R8E

A request by City of Rapid City to consider an application for a Rezoning from No Use District to General Commercial District of Lot 1 of Lot D of the SW1/4 SW1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east of South Valley Drive and south of S.D. Highway 44.

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

 

20.

No. 09RZ014 - KOA Subdivision

A request by City of Rapid City to consider an application for a Rezoning from No Use District to General Commercial District of Tract 1 of the SW1/4 SW1/4, Tract B of the SE1/4 SW1/4 including the 20 foot wide private lane, and Tract E and Private Drive of KOA Subdivision in the SE1/4 SW1/4, all located in Section 4, T1N, R8E, Pennington County, South Dakota, and Tract A of SE1/4 SW1/4 of Section 4 and the NE1/4 NW1/4 of Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 3010 East Highway 44 and 2001 Lancer Drive.

Staff recommends that the Rezoning from No Use District to General Commercial District be approved in conjunction with a Planned Development Designation.

 

21.

No. 09RZ015 - Section 4, T1N, R8E

A request by City of Rapid City to consider an application for a Rezoning from No Use District to Low Density Residential District of Lot A of the NW1/4 SW1/4 and the 33 foot wide Valley Drive right-of-way lying west of Lot A of the NW1/4 SW1/4 all located in Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1550 Valley Drive.

Staff recommends that the Rezoning from No Use District to Low Density Residential District be approved in conjunction with a Planned Development Designation.  

 

22.

No. 09SR009 - Section 32, T2N, R7E

A request by City of Rapid City Park and Recreation to consider an application for a SDCL 11-6-19 Review to allow structures in a public park on City Springs Park located in the S1/2 NE1/4 and the NE1/4, Section 32, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 514 City Springs Road.

Staff recommends that the SDCL 11-6-19 Review to allow structures in a public park be approved.

 

23.

No. 09SR013 - Robbinsdale Park Addition

A request by City of Rapid City to consider an application for a SDCL 11-6-19 Review to construct a sidewalk in a public park on Robbinsdale Park less Lot 1 of Robbinsdale Park Addition, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 626 East Fairmont Boulevard.

Staff recommends that the SDCL 11-6-19 Review to construct a sidewalk in a public park be continued to the April 9, 2009 Panning Commission meeting.

 

24.

No. 09SR014 - Schnasse Addition

A request by Faulk & Foster for WWC License LLC d/b/a Alltel to consider an application for a SDCL 11-6-19 Review to allow the construction of three cellular antennas on Lots 1 thru 5 and Lots 19 and 20 in Block 15 of Schnasse Addition, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 115 East North Street.

Staff will recommend that the SDCL 11-6-19 Review to allow the construction of a cellular tower be approved if the Planning Commission approves the Exception request to allow a 192 square foot equipment shelter associated with a microcell wireless site in lieu of the maximum allowed 100 square feet.

 

25.

No. 09SR015 - Flormann Addition

A request by City of Rapid City to consider an application for a SDCL 11-6-19 Review to allow the construction of an 8 inch water main on the Sixth Street Right-of-way adjacent to Lots 1 and 36 of Block 27 of Flormann Addition, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located between St. Charles Street and St. Andrews Street.

Staff recommends that the SDCL 11-6-19 Review to allow the construction of an eight inch water main be approved.

 

*26.

No. 09UR004 - Strathavon No. 3 Subdivision

A request by Jeff and Nancy Johnson to consider an application for a Conditional Use Permit to allow the construction of a garage that exceeds the square footage of the residence on Lot 25 of Block 5 of Strathavon No. 3 Subdivision, Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 2309 Lockwood Drive.

Staff recommends that the Conditional Use Permit to allow the construction of a garage that exceeds the square footage of the residence 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.

 

*27.

No. 09UR005 - Original Town of Rapid City

A request by Rob Larson to consider an application for a Conditional Use Permit to allow a Child Care Center on Lot B of Lots 17 thru 19 of Block 102 of Original Town of Rapid City, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 830 Quincy Street.

Staff recommends that the Conditional Use Permit to allow a ChildCareCenter 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.

 

---END OF CONSENT CALENDAR---

 

---BEGINNING OF REGULAR AGENDA ITEMS---

 

 

28.

No. 08RD009 - Biernbaum Subdivision

A request by City of Rapid City to consider an application for a Resolution renaming the unnamed right-of-way to Merillat Lane on the 50 foot wide unnamed right-of-way 680.36 feet in length lying south of Biernbaum Lane right-of-way and south of Lot A of Biernbaum Subdivision, located in the NW1/4 SW1/4, Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the southern terminus of Biernbaum Lane and east of South Dakota Highway 79.

If the Planning Commission feels it is appropriate to rename Merillat Lane to Culvert Street, they should approve the resolution renaming Merillat Lane to Culvert Street and name the adjacent un-named street Culvert Street.

 

29.

No. 08SR076 - Sections 16 and 21, T1N, R8E

A request by Dream Design International, Inc. to consider an application for a SDCL 11-6-19 Review to allow the acquisition of right-of-way and construction of Minnesota Street on right-of-way located in the NW1/4 of the SW1/4 and in the S1/2 of the S1/2, Section 16, T1N, R8E, also in the NE1/4 of the NW1/4 and in the N1/2 of the NE1/4 of Section 21, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east of Elk Vale Road and south of the Existing Plum Creek Development.

Staff recommends that the SDCL 11-6-19 Review to allow the construction of Phase Two and Three of Minnesota Street be approved if revised construction plans are submitted for review and approval prior to Planning Commission approval of this item.

 

30.

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 will recommend that the SDCL 11-6-19 Review to allow a co-location on an existing cellular tower be approved if the Planning Commission approves the exception to reduce the number of required landscaping points from 6,969 to 4,500 and approves the exception to reduce the paved access width from 20 feet to 13 feet 2 inches.

 

*31.

No. 09PD004 - Rushmore Crossing

A request by Dream Design International, Inc. to consider an application for a Planned Commercial Development - Initial and Final Development Plan for a portion Tracts A & B of Block 2 of Rushmore Crossing, Located in the E of the SE, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the southwesterly corner of Tract A of Block 2 of Rushmore Crossing common to the northwesterly corner of Tract C of Rushmore Center, common to a point on the easterly right-of-way of Luna Avenue and the point of beginning; Thence, first course: curving to the left, along the westerly boundary of said Tract A, common to the easterly edge of Luna Avenue right-of-way, on a curve with a radius of 536.00 feet, a delta angle of 404754, a length of 381.67 feet, a chord bearing of N284917W, and chord distance of 373.65 feet; Thence, second course: N064437W, along the westerly boundary of said Tract A, common to the easterly boundary of said Luna Avenue, a distance of 36.68 feet, to a point on the southerly edge of Eglin Street right-of-way; Thence, third course: curving to the left, along the northerly boundary of said Tract A, common to the southerly edge of said Eglin Avenue right-of-way, on a curve with a radius of 650.00 feet, a delta angle of 024541, a length of 31.33 feet, a chord bearing of N333056E, and chord distance of 31.32 feet; Thence, fourth course: N32 1500E, along the northerly boundary of said Tract A, common to the southerly boundary of said Luna Avenue, a distance of 161.15 feet, to a point on the southerly edge of Eglin Street right-of-way; Thence, fifth course: curving to the right, along the northerly boundary of said Tract A, common to the southerly edge of said Eglin Avenue right-of-way, on a curve with a radius of 550.00 feet, a delta angle of 122321, a length of 118.93 feet, a chord bearing of N382413E, and chord distance of 118.70 feet; Thence, sixth course: curving to the right, along the northerly boundary of said Tract A, common to the southerly edge of said Eglin Avenue right-of-way, on a curve with a radius of 549.52 feet, a delta angle of 050240, a length of 48.38 feet, a chord bearing of N530143E, and chord distance of 48.36 feet; Thence, seventh course: curving to the right, along the northerly boundary of said Tract A, common to the southerly edge of said Eglin Avenue right-of-way, on a curve with a radius of 545.00 feet, a delta angle of 074513, a length of 73.75 feet, a chord bearing of N532924E, and chord distance of 73.70 feet; Thence, eighth course: S750502E, along the northerly boundary of said Tract A, common to the southerly boundary of said Luna Avenue, a distance of 39.42 feet; Thence, ninth course: N642833E, along the northerly boundary of said Tract A, common to the southerly boundary of said Luna Avenue, a distance of 78.73 feet; Thence, tenth course: S252943E, a distance of 165.19 feet; Thence, eleventh course: N571653E, a distance of 345.56 feet, to a point on the northerly boundary of said Tract A, common to a point on the southerly edge of said Eglin Street right-of-way; Thence, twelfth course: curving to the right, along the northerly boundary of said Tract A, common to the southerly edge of said Eglin Avenue right-of-way, on a curve with a radius of 550.00 feet, a delta angle of 022816, a length of 23.72 feet, a chord bearing of S695714E, and chord distance of 23.72 feet; Thence, thirteenth course: curving to the right, along the northerly boundary of said Tract A, common to the southerly edge of said Eglin Avenue right-of-way, on a curve with a radius of 549.52 feet, a delta angle of 034219, a length of 35.54 feet, a chord bearing of S605103E, and chord distance of 35.53 feet; Thence, fourteenth course: curving to the right, along the northerly boundary of said Tract A, common to the southerly edge of said Eglin Avenue right-of-way, on a curve with a radius of 546.33 feet, a delta angle of 034749, a length of 36.21 feet, a chord bearing of S631031E, and chord distance of 36.20 feet; Thence, fifteenth course: S611327E, along the northerly boundary of said Tract A, common to the southerly edge of said Eglin Avenue right-of-way, a distance of 53.46 feet; Thence, sixteenth course: S611434E, along the northerly boundary of said Tract A, common to the southerly edge of said Eglin Avenue right-of-way, a distance of 173.85 feet, to a point on the northerly boundary of said Tract A, common to a point on the southerly edge of said Eglin Street right-of-way; Thence seventeenth course: S161339E, a distance of 38.18 feet; Thence eighteenth course: S611307E, a distance of 36.34 feet; Thence nineteenth course: S284621W, a distance of 911.76 feet, to a point on the southerly boundary of Tract B of Block 2 of Rushmore Crossing, common to a point on the northerly boundary of said Tract C of Rushmore Center; Thence twentieth course: N605028W, along the southerly boundary of said Tract B, common to the northerly boundary of said Tract C of Rushmore Center, a distance of 47.54 feet; Thence twenty-first course: N605233W, along the southerly boundary of said Tract B, common to the northerly boundary of said Tract C of Rushmore Center, a distance of 161.19 feet, to the southwesterly corner of said Tract B, Common to the southeasterly corner of said Tract A; Thence twenty-second course: N605106W, along the southerly boundary of said Tract A, common to the northerly boundary of said Tract C of Rushmore Center, a distance of 306.46 feet, to the southwesterly corner of said Tract A, common to the northwesterly corner of said Tract C of Rushmore Center, common to a point on the easterly right-of-way of said Luna Avenue and the point of beginning, more generally described as being located south of Interstate 90 and Eglin Street, west of East North Street and east of Luna Avenue.

Staff recommends that the Planned Commercial Development - Initial and Final 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.

 

*32.

No. 09PD009 - Rushmore Mall Addition

A request by Tom Danson for Running Supply, Inc. to consider an application for a Planned Commercial Development - Initial and Final Development Plan for Lot 18 of Rushmore Mall Addition in the NE1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota and in a portion of Lot M-2 of Marshall Heights Tract in the NW1/4 of Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 2200 North Maple Avenue.

Staff recommends that the Planned Commercial Development - Initial and Final Development Plan be continued to the April 9, 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.

 

33.

No. 09PL003 - Hilltop Business Park Subdivision

A request by Dream Design International, Inc. to consider an application for a Preliminary Plat for proposed Lot 1 of Block 2 of Hilltop Business Park Subdivision, legally described as a portion of the SE1/4 of the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located northwest of the intersection of Homestead Street and Elk Vale Road.

Staff recommends that the Preliminary Plat be continued to the April 9, 2009 Planning Commission meeting.

 

34.

No. 09PL008 - Canyon Lake Heights Subdivision

A request by Matt Benne for Angie Charlson to consider an application for a Preliminary Plat for proposed Lots A, B, C and D of Lot 4R of Block 15 of Canyon Lake Heights Subdivision, legally described as Lot 4R in Block 15 of Canyon Lake Heights Subdivision, as shown in the plat filed in Plat Book 28, Page 87 and as corrected by Affidavit recorded December 17, 1997 in Book 69, Page 9640, located in the SE1/4 SE1/4, Section 8 and the SW1/4 SW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 4560 Cliff Drive.

Staff recommends that the Preliminary Plat be approved with stipulations.

 

35.

No. 09SV007 - Canyon Lake Heights Subdivision

A request by Matt Benne for Angie Charlson 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 Cliff Drive and to reduce the pavement width from 27 feet to 20 feet and 18 feet along Cliff Drive; to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along the 30 foot wide private roadway easement, to reduce the pavement width from 20 feet to 12 feet along the 30 foot wide private roadway easement and to reduce the width of the private roadway easement from 45 feet to 30 feet as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lots A, B, C and D of Lot 4R of Block 15 of Canyon Lake Heights Subdivision, legally described as Lot 4R in Block 15 of Canyon Lake Heights Subdivision, as shown in the plat filed in Plat Book 28, Page 87 and as corrected by Affidavit recorded December 17, 1997 in Book 69, Page 9640, located in the SE1/4 SE1/4, Section 8 and the SW1/4 SW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 4560 Cliff Drive.

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 Cliff Drive and to reduce the pavement width from 27 feet to 20 feet and 18 feet be approved with stipulations.

 

36.

No. 09PL009 - East Mall Business Center

A request by Ferber Engineering Co., Inc. for FMLC, Inc. to consider an application for a Preliminary Plat for proposed Lot 1 of Block 5 of East Mall Business Center Subdivision and dedicated Public Right-of-way for Tish Boulevard, legally described as a portion of the SE1/4 north of Interstate 90 less Tract A of the NE SE and less lots H5, H6, H7, H8 and H9 but including that part of vacated East Mall Drive being part of the outside edge of Lot H5; and part of the SW north of Interstate 90 including vacated East Mall Drive within said SW and less Lot 1 of NE SW and less Lots 1 and 2 of NW SW and less Lot H5 and less lot H8; and part of Lot 1 of the NE SW including vacated East Mall Drive within said Lot 1 and less Lot H7; and part of NW including vacated East Mall Drive within said NW less Lots AR, B, C and less E NE NW and less E NW NE NW and less Lots H2 and H4; and part of Lot C of SE1/4 NW less Lot H3 and less Lot H1; and part of Lot 1 of Silver Strike Subdivision; and all located in Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located north of East Mall Drive between Tish Boulevard and Dyess Avenue.

Staff recommends that the Preliminary Plat be approved with stipulations.

 

37.

No. 09SV008 - East Mall Business Center

A request by Ferber Engineering Co., Inc. for FMLC, Inc. to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install additional pavement, curb, gutter, sidewalk, street light conduit and sewer as per Chapter 16 of the Rapid City Muncipal Code for proposed Lot 1 of Block 5 of East Mall Business Center Subdivision and dedicated Public Right-of-way for Tish Boulevard, legally described as a portion of the SE1/4 north of Interstate 90 less Tract A of the NE SE and less lots H5, H6, H7, H8 and H9 but including that part of vacated East Mall Drive being part of the outside edge of Lot H5; and part of the SW north of Interstate 90 including vacated East Mall Drive within said SW and less Lot 1 of NE SW and less Lots 1 and 2 of NW SW and less Lot H5 and less lot H8; and part of Lot 1 of the NE SW including vacated East Mall Drive within said Lot 1 and less Lot H7; and part of NW including vacated East Mall Drive within said NW less Lots AR, B, C and less E NE NW and less E NW NE NW and less Lots H2 and H4; and part of Lot C of SE1/4 NW less Lot H3 and less Lot H1; and part of Lot 1 of Silver Strike Subdivision; and all located in Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located north of East Mall Drive between Tish Boulevard and Dyess Avenue.

Staff recommends that the Variance to the Subdivision Regulations to waive the requirement to install sidewalk and street light conduit as per Chapter 16 of the Rapid City Muncipal Code be denied without prejudice; and, That the Variance to the Subdivision Regulations to waive the requirement to install additional pavement, curb, gutter, and sewer as per Chapter 16 of the Rapid City Muncipal Code be approved with one stipulation.

 

38.

No. 09SR016 - Section 30, T2N, R8E

A request by Maple Avenue, LLC to consider an application for a SDCL 11-6-19 Review to authorize acquisition of a public utility on a unplatted portion of the NW1/4 less Lot H4 and less Lot H5, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located southeast of the intersection of East Mall Drive and North Maple Avenue.

Staff recommends that the SDCL 11-6-19 Review to authorize acquisition of a public utility be approved if additional information is submitted prior to Planning Commission approval of this item.

 

39.

No. 09SR017 - Sections 3 and 4, T1N, R8E

A request by City of Rapid City to consider an application for a SDCL 11-6-19 Review to extend sanitary sewer in public right-of-way on Elk Vale Road, S.D. Highway 79 and U.S. Highway 16 Truck Right-of-way between 250 feet south of Concourse Drive to Homestead Street located in the NW1/4 and the SW1/4 of Section 3, NE1/4 and the SE1/4 of Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located between 250 feet south of Concourse Drive to Homestead Street.

Staff recommends that the SDCL 11-6-19 Review to extend sanitary sewer in public right-of-way be approved if redline comments are addressed and revised construction plans are submitted for review and approval prior to Planning Commission approval of this item.

 

40.

No. 09SR018 - Rapid City Regional Airport

A request by TSP Three, Inc. for Gerald Niess to consider an application for a SDCL 11-6-19 Review to allow construction of a structure on public property on Lot 1 in SW1/4 Section 5 of R.C. Airport Subdivision No. 4 in SW1/4 Section 5, S1/2 Section 6, E1/2 Section 7 and NW1/4 Section 8, T1N, R9E, BHM, Pennington County, South Dakota; and, Lots 2 and 3 in S1/2 Section 6 of R.C. Airport Subdivision No. 4 in SW1/4 Section 5, S1/2 Section 6, E1/2 Section 7 and NW1/4 Section 8, T1N, R9E, BHM, Pennington County, South Dakota; and, Lots 4 and 5 in E1/2 Section 7 of R.C. Airport Subdivision No. 4 in SW1/4 Section 5, S1/2 Section 6, E1/2 Section 7 and NW1/4 Section 8, T1N, R9E, BHM, Pennington County, South Dakota; and, Lot H-1 in the SE1/4 of Section 7, T1N, R9E, BHM, Pennington County, South Dakota; and, Lot 6 in NW1/4 Section 8 of R.C. Airport Subdivision No. 4 in SW1/4 Section 5, S1/2 Section 6, E1/2 Section 7 and NW1/4 Section 8, T1N, R9E, BHM, Pennington County, South Dakota; and, R.C. Airport Subdivision No. 1, Lots 3, 4, 5 and 6 in the SW1/4 Section 8, T1N, R9E, BHM, Pennington County, South Dakota; and, Lots 1 and 2 of the SW1/4 Section 8 and Lot 1 of SW1/4SE1/4 Section 8, all located in T1N, R9E, BHM, Pennington County, South Dakota; and, Lot 7 of R.C. Airport Subdivision No. 1 in SW1/4, Section 8, T1N, R9E, BHM, Pennington County, South Dakota; and, Lot 6 in SE1/4 Section 8 of R.C. Airport Subdivision No. 2 in SE1/4 Section 8, T1N, R9E, BHM, Pennington County, South Dakota; and, R.C. Airport Subdivision No. 2, Lots 2, 3, 4 & 5 in the SE1/4 Section 8, T1N, R9E, BHM, Pennington County, South Dakota; and, R.C. Airport Subdivision No. 3, Lots 1 & 2 in the SW1/4, Section 9, T1N, R9E, BHM, Pennington County, South Dakota; and, Lot H-1 of NW1/4, Section 16, T1N, R9E, BHM, Pennington County, South Dakota; and, All of Section 17, T1N, R9E, BHM, Pennington County, South Dakota; and, Lot 2 in SE1/4 Section 20 of R.C. Airport Subdivision No. 5 in SW1/4 Section 16, SE1/4 Section 20, W1/2 and SE1/4 Section 21 and N1/2 Section 28, T1N, R9E, BHM, Pennington County, South Dakota; and, All of the N1/2 of Section 20, T1N, R9E, BHM, Pennington County, South Dakota; and, Lot A and B of SW1/4, Section 20, T1N, R9E, BHM, Pennington County, South Dakota; and, Section line right-of-way in the SW1/4 of Section 20 located north of Lot H-1 of Lot A in the SW1/4 of Section 20, T1N, R9E, BHM, Pennington County, South Dakota; and, Lots 3, 4, 5 & 6 in Section 21 of R.C. Airport Subdivision No. 5 in SW1/4 Section 16, SE1/4 Section 20, W1/2 and SE1/4 Section 21 and N1/2 Section 28, T1N, R9E, BHM, Pennington County, South Dakota; and, Lot 5A in SW1/4SW1/4 of Section 21 of R.C. Airport Subdivision No. 5 in SW1/4 Section 16, SE1/4 Section 20, W1/2 and SE1/4 Section 21 and N1/2 Section 28, T1N, R9E, BHM, Pennington County, South Dakota; and, W1/2NW1/4, NW1/4SW1/4, Pt. SW1/4SW1/4, Tracts G and H in the SE1/4NW1/4 and E1/2SW1/4, and Tract I in the SW1/4SW1/4, Section 21, T1N, R9E, BHM, Pennington County, South Dakota; and, Lots 7 and 8 in N1/2 of Section 28 of R.C. Airport Subdivision No. 5 in SW1/4 Section 16, SE1/4 Section 20, W1/2 and SE1/4 Section 21 and N1/2 Section 28, T1N, R9E, BHM, Pennington County, South Dakota, more generally described as being located at the northeast terminus of Airport Road.

Staff will recommend that the SDCL 11-6-19 Review to allow construction of a structure on public property be approved if additional information is submitted prior to Planning Commission approval of this item.

 

41.

No. 09SV002 - Hilltop Business Park Subdivision

A request by Dream Design International, Inc. to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install water and sewer along Elk Vale Road as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lot 1 of Block 2 of Hilltop Business Park Subdivision, legally described as a portion of the SE1/4 of the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located northwest of the intersection of Homestead Street and Elk Vale Road.

Staff recommends that the Variance to the Subdivision Regulations to waive the requirement to install water and sewer along Elk Vale Road as per Chapter 16.16 of the Rapid City Municipal Code be continued to the April 9, 2009 Planning Commission meeting to be heard in conjunction with the associated Preliminary Plat application.

 

42.

Staff Items

 

 

 

43.

Planning Commission Items

 

 

 

44.

Committee Reports

 

A.

City Council Report (March 2, 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

 

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