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.

 

AGENDA

City of Rapid City Planning Commission

November 19, 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 November 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 January 21, 2010 Planning Commission meeting.

 

3.

No. 08PL099 - Homestead Plaza Subdivision

A request by Dream Design International, Inc. to consider an application for a Preliminary Plat for proposed Lots 1 thru 28 of Block 3; Tracts A, B, C and D of Block 4 of Homestead Plaza Subdivision, legally described as a portion of Tract A of F&N Subdivision, the balance of the E1/2 SW1/4 NW1/4, the balance of the SE1/4 NW1/4, located in the S1/2 NW1/4 and the N1/2 SW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east of Timmons Boulevard, south of Neel Street and west of Big Sky Drive.

Staff recommends that the Preliminary Plat be continued to the December 10, 2009 Planning Commission meeting.

 

4.

No. 09CA018 - Rapid Valley Subdivision

A request by Glen A. Elshire to consider an application for a Summary of Adoption Action on an Amendment to the Adopted Comprehensive Plan to change the land use designation from General Commercial with a Planned Commercial Development to Light Industrial with a Planned Industrial Development for Lot A of Blocks 3 and 4 of Rapid Valley Subdivision, Section 8, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 2507 East St. Patrick Street.

Staff recommends that the Planning Commission approve the Summary of Adoption and authorize publication in the Rapid City Journal.

 

5.

No. 09CA030 - Fravel Tract

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 Low Density Residential to Medium Density Residential with a Planned Residential Development Lots 1 thru 10 of Fravel Tract and Lot 1 of the NW1/4 SW1/4 of Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 2828 Orchard Lane.

The Future Land Use Committee recommends that the Amendment to the adopted Comprehensive Plan to change the land use designation from Low Density Residential to Medium Density Residential with a Planned Residential Development be approved for the following legal description: Lot 8-10 of Fravel Tract, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota.

 

6.

No. 09RZ045 - Fravel Tract

A request by City of Rapid City to consider an application for a Rezoning from No Use District to Medium Density Residential District of Lots 1 thru 10 of Fravel Tract and Lot 1 of the NW1/4 SW1/4 of Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 2828 Orchard Lane.

Based on the Future Land Use Committee’s recommendation on the related Comprehensive Plan Amendment, Staff recommends that the Rezoning from No Use District to Medium Density Residential District be approved in conjunction with the associated Comprehensive Plan Amendment and the Planned Residential Development – Initial and Final Development Plan for the following legal description: Lot 8-10 of Fravel Tract, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota.

 

*7.

No. 09PD052 - Fravel Tract

A request by Betty Fedderson to consider an application for a Planned Residential Development - Initial and Final Development Plan for Lots 8, 9 and 10 of Lot 1 of Fravel Tract, located in the NW1/4 SW1/4 of Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 2900 Orchard Lane.

Staff recommends that the Planned Residential 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.

 

*8.

No. 09PD032 - Section 24, T1N, R7E

A request by Centerline, Inc. for PLM Land Development, LLC to consider an application for a Planned Residential Development - Initial and Final Development Plan for a portion of the unplatted balance of the N1/2 NW1/4 and the unplatted balance of the SW1/4 NW1/4, all in Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: commencing from the Point of Beginning, the northeast corner of Lot 33 in Block 1 of PLM Subdivision consisting of a 5/8” rebar with Hanson #6251 cap, thence first course - N85Ί57’24”E a distance of 32.35’, thence second course - N78Ί30’13”E a distance of 229.00’, thence third course - S84Ί12’27”E a distance of 224.17’, thence fourth course - N86Ί55’12”E a distance of 205.00’, thence fifth course - N80Ί28’46”E a distance of 241.41’, thence sixth course - S83Ί06’22”E a distance of 205.42’, thence seventh course - S70Ί31’14”E a distance of 300.02’, thence eighth course - S20Ί04’47”W a distance of 407.59’ to the southwest corner of Lot 16 of Block 1 of PLM Subdivision, thence ninth course - N89Ί42’39”W a distance of 564.79’ along the north boundary of Eastridge Estates Subdivision, thence tenth course - N88Ί31’55”W a distance of 119.66’, thence eleventh course - N72Ί48’55”W a distance of 309.01’, thence twelfth course - N72Ί34’37”W a distance of 131.54’, thence thirteenth course - N90Ί00’00”W a distance of 164.21’, thence fourteenth course - N0Ί00’00”E a distance of 294.68’ to the Point of Beginning. Said Parcel containing 13.1855 acres more or less, more generally described as being located east and north of Stumer Road, south of Enchanted Pines Drive at the eastern terminus of Conestoga Court.

Staff recommends that the Planned Residential Development - Initial and Final Development Plan be continued to the December 10, 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.

 

*9.

No. 09PD050 - Melody Acres Subdivision No. 2

A request by Jerry Pabst for Lee Adams to consider an application for a Planned Residential Development - Initial and Final Development Plan for Lot 70 of Melody Acres No. 2, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 2850 Terra Street.

Staff recommends that the Planned Residential Development - Initial and Final Development Plan be approved with the following 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.

 

10.

No. 09RZ044 - Melody Acres Subdivision No. 2

A request by City of Rapid City to consider an application for a Rezoning from No Use District to Mobile Home Residential District of Lot 70 of Melody Acres No. 2, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 2850 Terra Street - East of Valley Drive.

Staff recommends that the Rezoning from No Use District to Mobile Home Residential District be approved in conjunction with the associated Planned Residential Development – Initial and Final Development Plan.

 

*11.

No. 09PD053 - St. Martins Village

A request by FMG, Inc. for Good Samaritan Society to consider an application for a Planned Residential Development - Final Development Plan for an unplatted parcel of land located in the SE1/4 SW1/4 and the SW1/4 SE1/4 and the NE1/4 SE1/4 and the NW1/4 SE1/4 and the SW1/4 NE1/4 and less Lot A of the W1/2 SE1/4, Section 29, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located west of S.D. Highway 79 (Sturgis Road) and south of Hidden Valley Road.

Staff recommends that the Planned Residential Development - Final Development Plan to allow the construction of townhomes with attached garages and the construction of the utilities and roads to serve the townhomes be continued to the January 7, 2010 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.

 

12.

No. 09PL024 - Pleasant View Subdivision

A request by D.C. Scott Co. Land Surveyors for William M. Jobgen to consider an application for a Preliminary Plat for proposed Lots 1 and 2 of Lot 7 of Pleasant View Subdivision, legally described as Lot 7 of Pleasant View Subdivision, located in the SE1/4 SE1/4 and in Lot B of the SW1/4 SW1/4 of Section 11, T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being located between Carlin Street and Crane Drive.

Staff recommends that the Preliminary Plat be continued to the January 7, 2010 Planning Commission meeting.

 

13.

No. 09SV012 - Pleasant View Subdivision

A request by D.C. Scott Co. Land Surveyors for William M. Jobgen to consider an application for a Variance to the Subdivision Regulations to waive the requirement to dedicate additional right-of-way and install curb, gutter, sidewalk, street light conduit, sewer, water and additional pavement as per Chapter 16 of the Rapid City Municipal Code for proposed Lots 1 and 2 of Lot 7 of Pleasant View Subdivision, legally described as Lot 7 of Pleasant View Subdivision, located in the SE1/4 SE1/4 and in Lot B of the SW1/4 SW1/4 of Section 11, T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being located between Carlin Street and Crane Drive.

Staff recommends that the Variance to the Subdivision Regulations to waive the requirement to dedicate additional right-of-way and install curb, gutter, sidewalk, street light conduit, sewer, water and additional pavement as per Chapter 16 of the Rapid City Municipal Code be continued to the January 7, 2010 Planning Commission meeting to be heard in conjunction with the associated Preliminary Plat.

 

14.

No. 09PL040 - _______________ Subdivision, Section 19, T1N, R8E

A request by Centerline, Inc. for Lazy P-6 Land Co., Inc. to consider an application for a Layout Plat for proposed Lot 1 in Block 1 and Lots 1 thru 4 in Block 2 of ____________ Subdivision, legally described as a parcel of land located in the W1/2 SW1/4 of Section 19, T1N, R8E and E1/2 SE1/4 of Section 24, T1N, R7E all located in BHM, Pennington County, South Dakota, more generally described as being located at the southeast corner of the intersection of Fifth Street and Catron Boulevard.

Staff recommends that the Layout Plat be continued to the December 10, 2009 Planning Commission meeting.

 

15.

No. 09SV015 - _____________ Subdivision, Section 19, T1N, R8E

A request by Centerline, Inc. for Lazy P-6 Land Co., Inc. to consider an application for a Variance to the Subdivision Regulations to reduce the pavement width from 12 feet to 11 feet per lane as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lot 1 in Block 1 and Lots 1 thru 4 in Block 2 of the ____________ Subdivision, legally described as a parcel of land located in the W1/2 SW1/4 of Section 19, T1N, R8E and E1/2 SE1/4 of Section 24, T1N, R7E all located in BHM, Pennington County, South Dakota, more generally described as being located at the southeast corner of the intersection of Fifth Street and Catron Boulevard.

Staff recommends that the Variance to the Subdivision Regulations to reduce the pavement width from 12 feet to 11 feet per lane as per Chapter 16.16 of the Rapid City Municipal Code be continued to the December 10, 2009 Planning Commission meeting.

 

16.

No. 09PL046 - Section 3, T1N, R8E

A request by Todd Fenster to consider an application for a Layout Plat for proposed Lot 1 of Block 1 of Expressway Subdivision, legally described as the unplatted parcel located in the N1/2 N1/2 SW1/4, less Big Sky Subdivision, less F&N Subdivision, less Lot H1 and less right-of-way, Section 3, T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being located at 1200 Elk Vale Road.

Staff recommends that the Layout Plat be continued to the December 10, 2009 Planning Commission meeting to allow the applicant to submit additional information.

 

17.

No. 09PL047 - PLM Subdivision

A request by Centerline, Inc. for PLM Land Development, LLC to consider an application for a Preliminary Plat for proposed Lots 36 thru 53 of Block 1 of PLM Subdivision, legally described as the unplatted balance located in the N1/2 NW1/4 and the unplatted SW1/4 NW1/4 of Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the eastern extension of Conestoga Court.

Staff recommends that the Preliminary Plat be continued to the December 10, 2009 Planning Commission meeting to allow the applicant to submit additional information.

 

18.

No. 09PL070 - Original Town of Rapid City

A request by Terry Stocker to consider an application for a Preliminary Plat for proposed Lot D in Block 113 of the Original Town of Rapid City, legally described as the south 40 feet of Lots 15 and 16, the north 25 feet of the south 65 feet of Lots 15 and 16 and the balance of Lots 15 and 16 in Block 113 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 810 Mount Rushmore Road.

Staff recommends that the Preliminary Plat be approved with stipulations.

 

19.

No. 09SV022 - Original Town of Rapid City

A request by Terry Stocker to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install sewer as per Chapter 16.16 of the Rapid City Muncipal Code for proposed Lot D in Block 113 of the Original Town of Rapid City, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the south 40 feet of Lots 15 and 16, the north 25 feet of the south 65 feet of Lots 15 and 16 and the balance of Lots 15 and 16 in Block 113 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 810 Mount Rushmore Road.

Staff recommends that the Variance to the Subdivision Regulations to waive the requirement to install sewer as per Chapter 16.16 of the Rapid City Muncipal Code be approved with one stipulation.

 

20.

No. 09SR074 - Section 16, 17 and 20, T1N, R8E

A request by Dream Design International, Inc. to consider an application for a SDCL 11-6-19 Review to install public utilities on the SW1/4 of the SW1/4 of Section 16, in the SE1/4 of the SE1/4 of Section 17, in the NW1/4 of the NE1/4 and the NE1/4 and the NE1/4 of Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located southeast of Elk Vale Road and southwest of the existing Plum Creek Development.

Staff recommends that the SDCL 11-6-19 Review to install public utilities be continued to the December 10, 2009 Planning Commission meeting.

 

21.

No. 09SR090 - Jackson Park Subdivision

A request by Randy Lyons for City of Rapid City Parks and Recreation to consider an application for a SDCL 11-6-19 Review to construct a public pedestrian access on Lots 5 and 6 of Block 1, Lots 3 thru 19 of Block 2, Lots 1A, 1B, 2A, 2B, 3A, 3B, P, P-1, 4-11, 12A, 12B, 13A, 13B, 13C, 14A, 14B, and 15-17 of Block 3, Block 4 and right of way located within Blocks 2, 3 and 4, all located in Jackson Park Subdivision, Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota., more generally described as being located southwest of the intersection of Jackson Boulevard and Chapel Lane.

Staff recommends that the SDCL 11-6-19 Review to construct a public pedestrian access be continued to the December 10, 2009 Planning Commission meeting.

 

22.

No. 09SR091 - Fish Hatchery Subdivision and Rapid City Greenway Tract

A request by City of Rapid City to consider an application for a SDCL 11-6-19 Review to extend a public utility on a parcel of land beginning in Lot F-2 of Fish Hatchery Subdivision, Section 8, T1N, R7E, BHM, Pennington County, South Dakota, extending in the Jackson Boulevard (South Dakota State Highway 44) right-of-way adjacent to Lot F-2 of Fish Hatchery Subdivision and Lot R Revised of Fish Hatchery Subdivision located in Section 8, T1N, R7E, BHM, Pennington County, South Dakota, extending along and across a portion of Tract 1 thru 3 and Lot A-B of Tract 3 of Rapid City Greenway Tract (Canyon Lake Park) located in Sections 8 and 9, T1N, R7E, BHM, Pennington County, South Dakota, extending in and along the Park Drive right-of-way adjacent to Tract 4 and North 27 feet of the vacated Flormann Street of the Rapid City Greenway Tract (Meadowbrook Golf Course) located in Sections 9, T1N, R7E, BHM, Pennington County, South Dakota, ending at the intersection of Jackson Boulevard and Park Drive, and extending in the Canyon Lake Drive right-of-way adjacent to Lot B of Lots 1 thru 3 of South Part of Lot 3 in the SW1/4 NW1/4 and Lot A of Lots 1 thru 3 of the South Part of Lot 3 in the SW1/4 NW1/4 in Section 9, T1N, R7E, BHM, Pennington County, South Dakota, ending at the intersection Canyon Lake Drive and Lakeview Drive, more generally described as being located at the Cleghorn State Fish Hatchery and Canyon Lake Park.

Staff recommends that the SDCL 11-6-19 Review to extend a public utility be approved.

 

23.

No. 09SR092 - Riverside Subdivision

A request by City of Rapid City to consider an application for a SDCL 11-6-19 Review to allow a structure on public property on the West Main Street right-of-way adjacent to Lot AA of Block 6 of Riverside Subdivision, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1104 West Main Street.

Staff recommends that the Planning Commission acknowledge the applicant’s request to withdraw the bus shelter installation at the intersection of 11 th Street and Main Street.

 

24.

No. 09SR093 - Owen Mann Tract

A request by City of Rapid City to consider an application for a SDCL 11-6-19 Review to allow a structure on public property on the Sturgis Road right-of-way adjacent to Lot A-D of replat of Lot 28 of Block 4 of Owen Mann Tract, Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 3464 Sturgis Road.

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

 

25.

No. 09SR094 - Workshop Addition

A request by City of Rapid City to consider an application for a SDCL 11-6-19 Review to allow a structure on public property on the Range Road right-of-way adjacent to Lots A & B of Workshop Addition, Section 4, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 3535 Range Road.

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

 

26.

No. 09SR095 - Boulevard Addition

A request by City of Rapid City to consider an application for a SDCL 11-6-19 Review to allow a structure on public property on the Fulton Street right-of-way adjacent to all of Lot 1 thru 5 and the east 5 feet of Lot 6 of Block 26 of Boulevard Addition, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1107 Mt. Rushmore Road.

Staff recommends that the Planning Commission acknowledge the applicant’s request to withdraw the bus shelter installation at Mount Rushmore Road and Fulton Street.

 

27.

No. 09SR096 - Section 36, T2N, R7E

A request by City of Rapid City to consider an application for a SDCL 11-6-19 Review to allow a structure on public property on the North Mt. Rushmore Road right-of-way adjacent to Lot RU-302B RU Lots, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 433 North Mt. Rushmore Road.

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

 

28.

No. 09SR097 - Section 36, T2N, R7E

A request by City of Rapid City to consider an application for a SDCL 11-6-19 Review to allow a structure on public property on Lots 20 thru 32 of Block 64 of Original Town of Rapid City, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 333 Sixth Street.

Staff recommends that the SDCL 11-6-19 Review be continued to the December 10, 2009 Planning Commission meeting.

 

29.

No. 09SR098 - Marshall Heights Tract

A request by City of Rapid City to consider an application for a SDCL 11-6-19 Review to allow a structure on public property on the North Maple Avenue Right-of-way adjacent to Lots S-1 (Less a portion of Tract A and MaCarthurst) of Marshal Heights Tract, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1501 North Maple Avenue.

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

 

30.

No. 09SR099 - Marshall Heights Tract

A request by City of Rapid City to consider an application for a SDCL 11-6-19 Review to allow a structure on public property on the North LaCrosse Street Right-of-way adjacent to Lot B of Lot 7 of Lot K-3 of Marshall heights Tract, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1375 North LaCrosse Street.

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

 

31.

No. 09SR100 - Millard Addition

A request by City of Rapid City to consider an application for a SDCL 11-6-19 Review to allow a structure on public property on the North Maple Avenue Right-of-way adjacent to School Lot 582 feet x 680 feet, Block 12 of Millard Addition, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 10 Van Buren Street.

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

 

32.

No. 09SR101 - Floodway Tract

A request by City of Rapid City to consider an application for a SDCL 11-6-19 Review to allow a structure on public property on the North Street right-of-way adjacent to Drainage Right of Way located in Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the 100 Block of North Street.

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

 

33.

No. 09SR102 - Rapid City Greenway Tract

A request by City of Rapid City to consider an application for a SDCL 11-6-19 Review to allow a structure on public property on the Waterloo Street right-of-way and Tract 27 (also in Section 6, T1N, R8E) of the Rapid City Greenway Tract, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 125 Waterloo Street.

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

 

34.

No. 09SR103 - Rapid City Greenway Tract

A request by City of Rapid City to consider an application for a SDCL 11-6-19 Review to allow a structure on public property on the Fifth Street right-of-way adjacent to Tract B of Regional Hospital Addition, located in the SW1/4, Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the northeast corner of the intersection of Fifth Street and Elk Street.

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

 

35.

No. 09SR104 - Horizon Subdivision

A request by City of Rapid City to consider an application for a SDCL 11-6-19 Review to allow a structure on public property on the East St. Patrick right-of-way adjacent to Lot 1 of Horizon Subdivision, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 621 East St. Patrick Street.

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

 

36.

No. 09SR105 - Section 6, T1N, R8E

A request by City of Rapid City to consider an application for a SDCL 11-6-19 Review to allow a structure on the 70 foot easement for highway purposes in DM&E right-of-way as described in Book 104, page 353 located in the SE1/4, Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the northeast corner of the intersection of East St. Joseph Street and East St. Charles Street.

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

 

37.

No. 09SR106 - Section 4, T1N, R7E

A request by City of Rapid City to consider an application for a SDCL 11-6-19 Review to allow a structure on public property on the Soo San Drive right-of-way adjacent to Tract A of the SE1/4 NE1/4 and Tract B of the NE1/4 SE1/4, Section 4, T1N, R7E Rapid City, Pennington County, South Dakota, more generally described as being located at 1003 Soo San Drive.

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

 

38.

No. 09SR107 - Original Town of Rapid City

A request by Robert Melvin for Cortez, LLC d/b/a Hotel Alex Johnson to consider an application for a SDCL 11-6-19 Review to allow structures in the right-of-way on Sixth Street right-of-way located adjacent to Lots 30 thru 32 of Block 84 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 523 Sixth Street.

Staff will recommend that the SDCL 11-6-19 Review to allow a temporary structure in the right-of-way be approved if issues are addressed prior to Planning Commission approval.

 

---END OF CONSENT CALENDAR---

 

---BEGINNING OF REGULAR AGENDA ITEMS---

 

 

39.

No. 09CA028 - Rushmore Center

A request by Dream Design International, Inc. to consider an application for an Amendment to the adopted Comprehensive Plan to change the land use designation from Medium Density Residential with a Planned Residential Development to General Commercial with a Planned Commercial Development on a portion of Tract C of Rushmore Center, located in the E½ of the SEΌ, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: commencing at the northwesterly corner of Tract C of Rushmore Center, common to a corner on the southerly boundary of Tract A of Block 2 of Rushmore Crossing, and the point of beginning, Thence first course: S60Ί50’50”E, along the northerly boundary of said Tract C, common to the southerly boundary of said Tract A, a distance of 306.52 feet to the southeasterly corner of said Tract A, common to the southwesterly corner of Tract B of Block 2 of Rushmore Crossing; Thence, second course: S60Ί50’50”E, along the northerly boundary of said Tract C, common to the southerly boundary of said Tract B, a distance of 471.28 feet; Thence, third course: S50Ί54’28”W, distance of 950.41, to a point on the westerly edge of Luna Avenue right-of-way; Thence, fourth course: N01Ί57’56”E, along the westerly edge of said Luna Avenue right-of-way, distance of 19.99 feet; Thence, fifth course: curving to the left, along westerly edge of said Luna Avenue right-of-way, on a curve with a radius of 1970.00 feet, a delta angle of 01Ί48’09”, a length of 61.97 feet, a chord bearing of N01Ί03’52”E, and chord distance of 61.97 feet; Thence, sixth course: N00Ί09’48”E, along the westerly edge of said Luna Avenue right-of-way, distance of 816.92 feet; Thence, seventh course: curving to the left, along westerly edge of said Luna Avenue right-of-way, on a curve with a radius of 476.00 feet, a delta angle of 03Ί25’22”, a length of 28.44 feet, a chord bearing of N01Ί32’53”W, and chord distance of 28.43 feet; Thence, eighth course: N86Ί44’26”E, distance of 60.00 feet, to a point on the westerly boundary of said Tract C, common to a point on the easterly edge of said Luna Avenue right-of-way; Thence ninth course: curving to the left, along the westerly boundary of said Tract C, common to the easterly edge of said Luna Avenue right-of-way, on a curve with a radius of 536.00 feet, a delta angle of 05Ί10’30”, a length of 48.41 feet, a chord bearing of N05Ί50’50”W, and chord distance of 48.40 feet, to the point of beginning, more generally described as being located at 1520 Luna Avenue.

The Future Land Use Committee recommends that the Amendment to the adopted Comprehensive Plan to change the land use designation from Medium Density Residential with a Planned Residential Development to General Commercial with a Planned Commercial Development be approved.

 

40.

No. 09RZ048 - Rushmore Center

A request by Dream Design International, Inc. to consider an application for a Rezoning from General Agriculture District to General Commercial District of a portion of Tract C of Rushmore Center, located in the E½ of the SEΌ, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: commencing at the northwesterly corner of Tract C of Rushmore Center, common to a corner on the southerly boundary of Tract A of Block 2 of Rushmore Crossing, and the point of beginning, Thence first course: S60Ί50’50”E, along the northerly boundary of said Tract C, common to the southerly boundary of said Tract A, a distance of 306.52 feet to the southeasterly corner of said Tract A, common to the southwesterly corner of Tract B of Block 2 of Rushmore Crossing; Thence, second course: S60Ί50’50”E, along the northerly boundary of said Tract C, common to the southerly boundary of said Tract B, a distance of 471.28 feet; Thence, third course: S50Ί54’28”W, distance of 950.41, to a point on the westerly edge of Luna Avenue right-of-way; Thence, fourth course: N01Ί57’56”E, along the westerly edge of said Luna Avenue right-of-way, distance of 19.99 feet; Thence, fifth course: curving to the left, along westerly edge of said Luna Avenue right-of-way, on a curve with a radius of 1970.00 feet, a delta angle of 01Ί48’09”, a length of 61.97 feet, a chord bearing of N01Ί03’52”E, and chord distance of 61.97 feet; Thence, sixth course: N00Ί09’48”E, along the westerly edge of said Luna Avenue right-of-way, distance of 816.92 feet; Thence, seventh course: curving to the left, along westerly edge of said Luna Avenue right-of-way, on a curve with a radius of 476.00 feet, a delta angle of 03Ί25’22”, a length of 28.44 feet, a chord bearing of N01Ί32’53”W, and chord distance of 28.43 feet; Thence, eighth course: N86Ί44’26”E, distance of 60.00 feet, to a point on the westerly boundary of said Tract C, common to a point on the easterly edge of said Luna Avenue right-of-way; Thence ninth course: curving to the left, along the westerly boundary of said Tract C, common to the easterly edge of said Luna Avenue right-of-way, on a curve with a radius of 536.00 feet, a delta angle of 05Ί10’30”, a length of 48.41 feet, a chord bearing of N05Ί50’50”W, and chord distance of 48.40 feet, to the point of beginning, more generally described as being located at 1520 Luna Avenue.

Staff recommends that the Rezoning from General Agriculture District to General Commercial District be approved in conjunction with the associated Comprehensive Plan Amendment and the Planned Commercial Development application.

 

*41.

No. 09PD051 - Rushmore Center

A request by Dream Design International, Inc. to consider an application for a Planned Commercial Development - Initial and Final Development Plan for a portion of Tract C of Rushmore Center, located in E½ of the SEΌ, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: commencing at the northwesterly corner of Tract C of Rushmore Center, common to a corner on the southerly boundary of Tract A of Block 2 of Rushmore Crossing, and the point of beginning, Thence first course: S60°51’06’E, along the northerly boundary of said Tract C, common to the southerly boundary of said Tract A, a distance of 306.46 feet to the southeasterly corner of said Tract A, common to the southwesterly corner of Tract B of Block 2 of Rushmore Crossing; Thence, second course: S60°52’33”E, along the northerly boundary of said Tract C, common to the southerly boundary of said Tract B, a distance of 9.77 feet; Thence, third course: S29°09’15”W, distance of 115.47 feet; Thence, fourth course: S00°06’45”W, distance of 153.92 feet; Thence, fifth course: N89°50’08”W, distance of 214.75 feet, to a point on the westerly boundary of said Tract C, common to the easterly edge of Luna Avenue right-of-way; Thence, sixth course: N00°09’48”E, along the westerly boundary of said Tract C, common to the easterly edge of said Luna Avenue right-of-way, a distance of 328.13 feet; Thence seventh course: curving to the left, along the westerly boundary of said Tract C, common to the easterly edge of said Luna Avenue right-of-way, on a curve with a radius of 536.00 feet, a delta angle of 08°35’09”, a length of 80.32 feet, a chord bearing of N04°09’13”W, and chord distance of 80.25 feet, to the northwesterly corner of said Tract C, common to a corner on the southerly boundary of said Tract A, and the point of beginning, more generally described as being located at 1520 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.

 

42.

No. 09PL066 - Rushmore Center

A request by Dream Design International, Inc. to consider an application for a Preliminary Plat for proposed Lot 1 of Tract C of Rushmore Center, legally described as Tract C of Rushmore Center, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1520 Luna Avenue.

Staff recommends that the Preliminary Plat be approved with stipulations.

 

43.

No. 09SV021 - Rushmore Center

A request by Dream Design International, Inc. to consider an application for a Variance to the Subdivision Regulations to waive the requirement to construct pavement, curb, gutter, sidewalk, water, sewer and street light conduit on the shared access easement as per Chapter 16.16 of the Rapid City Muncipal Code for proposed Lot 1 of Tract C of Rushmore Center, legally described as a portion of Tract C of Rushmore Center, located in E½ of the SEΌ, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northwesterly corner of Tract C of Rushmore Center, common to a corner on the southerly boundary of Tract A of Block 2 of Rushmore Crossing, and the point of beginning, Thence first course: S60°51’06’E, along the northerly boundary of said Tract C, common to the southerly boundary of said Tract A, a distance of 306.46 feet to the southeasterly corner of said Tract A, common to the southwesterly corner of Tract B of Block 2 of Rushmore Crossing; Thence, second course: S60°52’33”E, along the northerly boundary of said Tract C, common to the southerly boundary of said Tract B, a distance of 9.77 feet; Thence, third course: S29°09’15”W, distance of 115.47 feet; Thence, fourth course: S00°06’45”W, distance of 153.92 feet; Thence, fifth course: N89°50’08”W, distance of 214.75 feet, to a point on the westerly boundary of said Tract C, common to the easterly edge of Luna Avenue right-of-way; Thence, sixth course: N00°09’48”E, along the westerly boundary of said Tract C, common to the easterly edge of said Luna Avenue right-of-way, a distance of 328.13 feet; Thence seventh course: curving to the left, along the westerly boundary of said Tract C, common to the easterly edge of said Luna Avenue right-of-way, on a curve with a radius of 536.00 feet, a delta angle of 08°35’09”, a length of 80.32 feet, a chord bearing of N04°09’13”W, and chord distance of 80.25 feet, to the northwesterly corner of said Tract C, common to a corner on the southerly boundary of said Tract A, and the point of beginning, more generally described as being located at 1520 Luna Avenue.

Staff recommends that the Variance to the Subdivision Regulations to waive the requirement to construct water and sewer, storm sewer and street light conduit in the access easement be approved; and that the Variance to the Subdivision Regulations to waive the requirement to construct pavement and curb and gutter in the access easement be denied.

 

*44.

No. 09PD048 - Stoney Creek South Subdivision

A request by Sperlich Consulting, Inc. for J. Scull Construction to consider an application for a Planned Commercial Development - Initial and Final Development to include an on-sale liquor establishment for Lot 1A of Block 1 of Stoney Creek South Subdivision, located in the NW1/4 SW1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 5550 Sheridan Lake Road.

Staff recommends that the Planned Commercial Development - Initial and Final Development Plan be continued to the December 10, 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.

 

45.

No. 09PL069 - Huffman Subdivision

A request by Frontera Chicos, LLC to consider an application for a Layout Plat for proposed Lots A thru C of Lot 2 of Huffman Subdivision, legally described as Lot 2 of Huffman Subdivision, located in the N1/2 of the SW1/4 of Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located southeast of the intersection of East North Street and North Cambell Street.

Staff recommends that the Layout Plat be approved with stipulations.

 

46.

No. 09SR108 - Sections 27 and 34, T2N, R8E

A request by Renner Associates, LLC for South Dakota Board of Regents to consider an application for a SDCL 11-6-19 Review request to construct a public school on public property on that part of the NE1/4 SW1/4 and that part of the S1/2 SW1/4, Section 27, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, lying south of Lot H7 as conveyed to the Chicago and North Western Railway Company in Deed Book 145, Page 192 and shown on the plat filed in Highway Plat Book 4, Page 90, excepting there from Lot A of Tract B, as shown on the plat filed in Plat Book 10, Page 4; excepting there from that portion of Lots 1, 2 and 3 in Block 1 of Heartland Retail Center located in the SW1/4 SW1/4 of Section 27, as shown on the plat filed in Plat Book 31, Page 111,  and that portion of the NW1/4 NW1/4, Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, lying north of Lot H3 (Cheyenne Boulevard), as shown on the plat filed in Highway Plat book 11, Page 126 and lying north of Cheyenne Boulevard, as shown on the plat filed in Plat Book 31, Page 111, excepting there from Lots 1, 2 and 3 in Block 1 of Heartland Retail center, all as shown on the plat filed in Plat Book 31, Page 111, and that portion of the NE1/4 NW1/4 of Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, lying north of the Lot H3 (Cheyenne Boulevard), as shown on the plat filed in Highway Plat Book 11, Page 162, more generally described as being located north of Cheyenne Boulevard and east of Elk Vale Road.

Staff will recommend that the SDCL 11-6-19 Review request to construct a public school on public property be approved if issues are addressed prior to Planning Commission approval.

 

*47.

No. 09UR025 - Mann Subdivision

A request by Alan Ponto to consider an application for a Conditional Use Permit to allow a child care center on Tracts D & E of Mann Subdivision, Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 3660 Sturgis Road.

Staff recommends that the Conditional Use Permit to allow a child care center 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.

 

*48.

No. 09UR026 - Original Town of Rapid City

A request by Charles Desmond 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, 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 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.

 

49.

Discussion Items

 

 

A.

Request for Amendment to Section 17.18.030(16) to Allow Manufactured Homes as a Caretaker Residence.

Staff recommends that the Planning Commission authorize staff to advertise for a public hearing to consider an amendment to Section 17.18.030(16) of the Rapid City Municipal Code to allow manufactured homes to be used as a caretaker residence as a Conditional Use in the General Commercial Zoning District.

 

 

B.

Sidewalk Requirements.

Staff Recommends that Planning Commission authorize staff to advertise for public hearing to consider an amendment to amend Chapter 12.16.080, consistent with Option 3, to require sidewalks be constructed along the adjacent roadway for new or relocated buildings, when a use is initiated (Standard Industrial Classification changes) or expanded (building permit is granted to enlarge by 20% or more a structure or parking lot on the property or increase the occupant load by 20% or more).

 

50.

Staff Items

 

 

 

51.

Planning Commission Items

 

 

 

52.

Committee Reports

 

A.

City Council Report (November 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

 

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.