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 Department of Community Planning & Development Services so that appropriate auxiliary aids and services are available.

 

AGENDA

City of Rapid City Planning Commission

March 22, 2012 - 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 THE COMMUNITY PLANNING & DEVELOPMENT SERVICES 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 8, 2012 Planning Commission Meeting Minutes.

 

2.

No. 10OA015 - Ordinance Amendment

A request by City of Rapid City to consider an application for an Ordinance Amendment to require the construction of a sidewalk from a structure to the right-of-way by adding Section 17.50.305 to the Rapid City Municipal Code.

Staff recommends that the Ordinance Amendment to require the construction of a sidewalk from a structure to the right-of-way by adding Section 17.50.305 to the Rapid City Municipal Code be denied.

 

3.

No. 12CA002 - Section 27, T2N, R7E

A request by Franklin O. Simpson to consider an application for an Amendment to the Comprehensive Plan to change the land use designation from Commercial to Residential for a parcel of land located in Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota more fully described as follows: starting at a point that bears 19.32 feet S410000W from the northeast corner of previously vacated Tract C Revised of the S.G. Interstate Plaza located in the S1/2 NE1/4 and the N1/2 SE1/4 of Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota and being the point of beginning. Thence first course: S410000W a distance of 600.00 feet, Thence second course: N610000W a distance of 254.90 feet, Thence third course: N350000E a distance of 493.10 feet, Thence fourth course: S772318E a distance of 342.00 feet to the point of beginning, more generally described as being located on the south side of North Plaza Drive approximately 450 feet east of the intersection of Fountain Plaza Drive and North Plaza Drive.

 

Staff recommends that the Amendment to the Comprehensive Plan to change the land use designation from Commercial to Residential be approved.

 

4.

No. 12RZ004 - Section 27, T2N, R7E

A request by Franklin O. Simpson to consider an application for a Rezoning from General Agriculture District to Medium Density Residential District for a parcel of land located in Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota more fully described as follows: starting at a point that bears 19.32 feet S410000W from the northeast corner of previously vacated Tract C Revised of the S.G. Interstate Plaza located in the S1/2 NE1/4 and the N1/2 SE1/4 of Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota and being the point of beginning. Thence first course: S410000W a distance of 600.00 feet, Thence second course: N610000W a distance of 254.90 feet, Thence third course: N350000E a distance of 493.10 feet, Thence fourth course: S772318E a distance of 342.00 feet to the point of beginning, more generally described as being located on the south side of North Plaza Drive approximately 450 feet east of the intersection of Fountain Plaza Drive and North Plaza Drive.

Staff recommends that the Rezoning from General Agriculture District to Medium Density Residential District be approved in conjunction with the associated Comprehensive Plan Amendment.

 

5.

No. 12OA002 - Ordinance Amendment

Approve a request by City of Rapid City to consider an application for an Ordinance specifying who may institute Amendments to the Zoning of Property and the Comprehensive Plan by Amending Section 17.54.040 of the Rapid City Municipal Code.

 

6.

No. 12OA003 - Ordinance Amendment

A request by City of Rapid City to consider an application for an Ordinance adopting new Planned Development Overlay District (PD), Planned Unit Development Zoning District (PUD), and Administrative Exceptions regulations by amending Sections 17.50.050, 17.50.060, 17.50.070, 17.50.080, 17.50.090, 17.50.100, and 17.50.105 of the Rapid City Municipal Code.

Staff and the Second Floor Review Committee recommend that the Planning Commission forward the new ordinance sections to City Council with a recommendation to approve.

 

*7.

No. 12PD007 - Airport Addition

A request by Qusi Al Haj for Tara Alyss, LLC to consider an application for a Major Amendment to a Commercial Development Plan to allow all permitted uses within the General Commercial District with the exception of Conditional Uses for Block 26R and Block 27 of Airport Addition located in Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1730 Haines Avenue.

Staff recommends that the Major Amendment to a Commercial Development Plan to allow all permitted uses within the General Commercial District with the exception of Conditional Uses be approved with stipulations as outlined in the staff report.

 

 

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 Department of Community Planning & Development Services by close of business on the seventh full calendar day following action by the Planning Commission.

 

*8.

No. 12PD008 - Auburn Hills Subdivision

A request by Doeck, LLC to consider an application for an Initial and Final Residential Development Plan for Lot 1 of Block 12 of Auburn Hills Subdivision located in Section 13, T2N, R7E, BHM, Rapid City, Pennington County, south Dakota, more generally described as being located at the southwest corner of the intersection of Misty Woods Lane and Auburn Drive.

Staff recommends that the Initial and Final Residential Development Plan be approved with stipulations as outlined in the staff report.

 

 

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 Department of Community Planning & Development Services by close of business on the seventh full calendar day following action by the Planning Commission.

 

*9.

No. 12PD010 - Section 5, T1N, R8E

A request by Nathan Herbst to consider an application for an Initial and Final Commercial Development Plan for Lot 3 less the south 30 feet located in the NW1/4 SW1/4 of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1316 Cambell Street.

Staff recommends that the Initial and Final Commercial Development Plan be continued to the April 5, 2012 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 Department of Community Planning & Development Services by close of business on the seventh full calendar day following action by the Planning Commission.

 

*10.

No. 12PD011 - Section 19, T1N, R8E

A request by Fisk Land Surveying & Consulting Engineers for Bentley-Miller to consider an application for an Initial and Final Commercial Development Plan for a parcel of land located at the southeast corner of the intersection of Fifth Street and East Stumer Road, located in Lot Two (2), which is sometimes referred to as Government Lot Two (2), in Section Nineteen (19), in Township One North (T1N), Range Eight East (R8E) of the Black Hills Meridian (BHM), Rapid City, Pennington County, South Dakota, said parcel of land being more fully described as follows: Beginning at the southeast intersection of the rights-of-way of way of Fifth Street and East Stumer Road, said point being marked by a rebar with survey cap LS 6251; thence first course, northeasterly on the south line of East Stumer Road right-of-way, North 78 degrees 47 minutes 37 seconds East a distance of 24.49 feet more or less to a point marked by a rebar with survey cap LS 6251; thence second course, northeasterly and continuing on the south line of East Stumer Road right-of-way and curving to the right on a curve with a radius of 650.00 feet, a delta of 5 degrees 21 minutes 06 seconds, an arc length of 60.71 feet, a chord bearing of North 81 degrees 35 minutes 29 seconds East and a chord distance of 60.69 feet more or less to a point marked by a rebar with survey cap LS 6251; thence third course, northwesterly and continuing on the south line of East Stumer Road right-of-way, North 05 degrees 10 minutes 46 seconds West a distance of 22.97 feet more or less, to a point marked by a rebar with survey cap LS 6251; thence fourth course, northeasterly and continuing on the south line of East Stumer Road right-of-way and curving to the right on a curve with a radius of 170.00 feet, a delta of 11 degrees 43 minutes 50 seconds, an arc length of 34.81 feet, a chord bearing of North 84 degrees 14 minutes 24 seconds East and a chord distance of 34.74 feet more or less, to a point marked by a rebar with survey cap LS 6251; thence fifth course, southeasterly and continuing on the south line of East Stumer Road right-of-way South 89 degrees 52 minutes 14 seconds East a distance of 84.68 feet more or less to a point, from whence South 89 degrees 52 minutes 14 Seconds East a distance of 667.97 feet more or less, bears a rebar with survey cap LS 6251 on the south line of East Stumer Road right-of-way; thence sixth course, South 00 degrees 00 minutes 07 seconds West a distance of 68.72 feet, more or less; thence seventh course, bearing to the left on a curve with a radius of 485.00 feet, a delta of 10 degrees 12 minutes 48 seconds, an arc length of 86.45 feet, a chord bearing of South 5 degrees 06 minutes 17 seconds East and a chord distance of 86.34 feet more or less; thence eighth course, South 10 degrees 12 minutes 41 seconds East a distance of 66.77 feet more or less; thence ninth course, curving northeasterly to the right on a curve with a radius of 426.00 feet, a delta of 2 degrees 49 minutes 19 seconds, an arc length of 20.98 feet, a chord bearing of North 83 degrees 13 minutes 03 seconds East and a chord distance of 20.98 feet more or less; thence tenth course, South 5 degrees 22 minutes 18 seconds East a distance of 52.00 feet more or less; thence eleventh course, curving southwesterly to the left on a curve with a radius of 374.00 feet, a delta of 19 degrees 29 minutes 40 seconds, an arc length of 127.25 feet, a chord bearing of South 74 degrees 52 minutes 52 seconds West and a chord distance of 126.64 feet more or less; thence twelfth course, curving southwesterly to the right on a curve with a radius of 276.00 feet, a delta of 24 degrees 19 minutes 32 seconds, an arc length of 117.18 feet, a chord bearing of South 77 degrees 17 minutes 48 seconds West and a chord distance of 116.30 feet more or less, to a point on the easterly line of Fifth Street right-of-way, from whence South 00 degrees 07 minutes 03 Seconds West a distance of 194.05 feet more or less, bears a rebar with survey cap LS 6251 on the east line of Fifth Street right-of-way; thence thirteenth course, northeasterly along the east line of said Fifth Street right-of-way North 00 degrees 07 minutes 03 Seconds East a distance of 136.56 feet more or less to a point marked by a rebar with survey cap LS 6251; thence final course, continuing northwesterly along the easterly line of said Fifth Street right-of-way and curving to the left on a curve with a radius of 1021.00 feet, a delta of 8 degrees 33 minutes 28 seconds, an arc length of 152.50 feet, a chord bearing of North 4 degrees 09 minutes 06 seconds West and a chord distance of 152.36 feet more or less, to the point of beginning, more generally described as being located at the southeast corner of 5th Street and Stumer Road.

Staff recommends that the Initial and Final Commercial Development Plan be continued to the April 5, 2012, 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 Department of Community Planning & Development Services by close of business on the seventh full calendar day following action by the Planning Commission.

 

*11.

No. 12PD013 - Section 22, T1N, R7E

A request by Willadsen Lund Engineering for Samuelson Development, LLC to consider an application for an Initial and Final Planned Unit Development for a parcel of land known as that part of the south 495' of NE1/4SE1/4, less Lot 1 of Bendert Subdivision and the unplatted portion of SE1/4SE1/4, all located in the SE1/4SE1/4 and NE1/4SE1/4 of Section 22, T.1N, R.7E, B.H.M., Rapid City, Pennington County, South Dakota and being more particularly described as follows: Commencing at the southeast corner of said Section 22, from which bears a found pin and cap stamped "RLS 5085" N0156'49"E a distance of 33.00', thence N4025'57"W a distance of 44.51' to the true point of beginning of the herein described parcel; Thence N8815'46"W a distance of 213.93'; Thence with a non-tangent curve turning to the right with an arc length of 440.24', with a radius of 370.00', with a chord bearing of N4743'20"W, with a chord length of 414.73'; Thence N1338'06"W a distance of 509.17'; Thence with a curve turning to the left with an arc length of 63.82', with a radius of 230.00', with a chord bearing of N2134'10"W, with a chord length of 63.62'; Thence N0158'11"E a distance of 275.25' to a found pin and cap stamped "RLS 1019", said pin and cap being the southwest corner of aforesaid Lot 1 of Bendert Subdivision; Thence following the southerly line of said lot 1 S8818'29"E a distance of 189.97' to a found pin and cap stamped "RLS 1019", said pin and cap being the southeast corner of said lot 1 of Bendert Subdivision; Thence following the easterly line of said Lot 1 N0142'02"E a distance of 199.51' to a point from which a found pin and cap stamped "RLS 1019" bears N0142'02"E a distance of 29.87'; Thence departing said easterly line of Lot 1 of Bendert Subdivision thence S8805'53"E a distance of 533.01' to a point in the easterly line of aforesaid Section 22 and from which bears a found pin and cap stamped RLS 1019 N0156'47"E a distance of 190.17; Thence following said easterly line S0156'47"W a distance of 614.13' to a point being in the northwesterly right-of-way line of promise road; Thence with a non-tangent curve turning to the left with an arc length of 79.66', with a radius of 195.73', with a chord bearing of S2411'22"W, with a chord length of 79.11'; Thence S0157'08"W a distance of 29.21'; Thence S0157'08"W a distance of 575.87' to the point of beginning, more generally described as being located at the current terminus of Promise Road.

Staff recommends that the Initial and Final Planned Unit Development be continued to the April 5, 2012 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 Department of Community Planning & Development Services by close of business on the seventh full calendar day following action by the Planning Commission.

 

12.

No. 12PL007 - Murphy Ranch Estates Subdivision

A request by Davis Engineering, Inc. to consider an application for a Preliminary Plat for proposed Lots 8, 9, 10 and 11 of Block 7, Lots 7 and 8 of Block 8, Lots 7, 8, 9 and 10 of Block 10 of Murphy Ranch Estates Subdivision, legally described as the unplatted balance of Tract F of the NW1/4 of Section 14, T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being located at the current eastern terminus of Wesson Road and Knuckleduster Road.

Staff recommends that the Preliminary Plat be approved with stipulations as outlined in the staff report.

 

13.

No. 12PL008 - Menard Subdivision

A request by Century Resources, Inc. to consider an application for a Preliminary Plat for proposed Lot 8 and Lot 9 of Block 1 of Menard Subdivision, legally described as a portion of the NE1/4 of the SW1/4 of Section 32, and a portion of the NW1/4 of the SE1/4 of Section 32 located in the NE1/4 of the SW1/4 and the NW1/4 of the SE1/4 of Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located on the south side of East Anamosa Street southeast of the intersection East Anamosa Street and North Creek Drive.

Staff recommends that the Preliminary Plat be approved with stipulations as outlined in the staff report.

 

14.

No. 12PL009 - Fountain Springs Business Park

A request by Franklin O. Simpson to consider an application for a Layout Plat for proposed Tract R of Fountain Springs Business Park, legally described as a portion of the unplatted portion of the S1/2 of the NE1/4 lying south of Interstate 90 and the unplatted portion of the N1/2 of the SE1/4 located in Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located on the south side of North Plaza Drive approximately 450 feet east of the intersection of Fountain Plaza Drive and North Plaza Drive.

Staff recommends that the Layout Plat be approved with stipulations as outlined in the staff report.

 

*15.

No. 12UR006 - Original Town of Rapid City

A request by Whitesell Financial Group to consider an application for a Conditional Use Permit to allow professional offices for the north 1/2 of Lots 28-32 of Block 111 of the Original Town of Rapid City located in Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 817 9th Street.

Staff recommends that the Conditional Use Permit to allow professional offices be approved with stipulations as outlined in the staff report.

 

 

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 Department of Community Planning & Development Services by close of business on the seventh full calendar day following action by the Planning Commission.

 

16.

No. 12VE003 - Elysian Heights Subdivision

A request by City of Rapid City to consider an application for a Vacation of a Note on a Plat for Lots 1 through 10 of Elysian Heights Subdivision located in Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the current southern terminus of Carriage Hills Drive.

Staff recommends that the Vacation of a Note on a Plat be approved.

 

METROPOLITAN PLANNING ORGANIZATION ITEMS:

 

17.

12TP004 Rapid City Arterial Street Safety Study Final Report.

Staff recommends approval of the Arterial Street Safety Study Final Report.
 

18.

12TP005 2011 Rapid City Pedestrian/Bike Crash Report.

Staff recommends acknowledgement of the receipt of the 2002-2011 Pedestrian / Bicyclist Crash Report.

 

19.

12TP006 - 2012-2016 Transportation Improvement Program Amendment #12-006

Staff recommends approval of the 2012-2016 Transportation Improvement Program Amendment #12-006.

 

20.

12TP007 - 2012-2016 Transportation Improvement Program Amendment #12-007

Staff recommends approval of the 2012-2016 Transportation Improvement Program Amendment #12-007.

 

---END OF CONSENT CALENDAR---

 

---BEGINNING OF REGULAR AGENDA ITEMS---

 

*21.

No. 12PD009 - Original Town of Rapid City

A request by Why Not Investments, LLC to consider an application for an Initial and Final Residential Development Plan for Lots 1-4 of Block 114 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 603, 605 and 607 Quincy Street and 811 and 811 1/2 Sixth Street.

If Planning Commission determines it is appropriate to grant an Exception to reduce the off-street parking requirements from 39 spaces to 5 spaces, staff recommends the Initial and Final Planned Residential Development be approved with stipulations as outlined in the staff report.

 

 

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 Department of Community Planning & Development Services by close of business on the seventh full calendar day following action by the Planning Commission.

 

*22.

No. 12PD012 - Denman's Subdivision

A request by Dream Design International, Inc. to consider an application for a Final Residential Development Plan for Lots 1 through 16 of Block 3 of Denmans Subdivision all located in Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located south of East Saint Joseph Street between Elm Avenue and Birch Avenue.

Staff recommends that the Final Residential Development Plan be approved with stipulations as outlined in the staff report.

 

 

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 Department of Community Planning & Development Services by close of business on the seventh full calendar day following action by the Planning Commission.

 

*23.

No. 12UR002 - Providence Addition

A request by John Lushbough for Gina Goodshield to consider an application for a Conditional Use Permit to allow a Child Care Center for Lot E and Lot F of Block 21 of Providence Addition located in Section 34, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 2626 West Main Street.

Staff recommends that the Conditional Use Permit to allow a Child Care Center be denied.

 

 

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

 

*24.

No. 12UR005 - Marshall Heights Tract

A request by China Wok to consider an application for a Conditional Use Permit to allow an On-Sale Liquor Establishment for Lot B of Lot 6 of Lot K-3 of Marshall Heights Tract located in Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1575 North LaCrosse Street, Suite B.

Staff recommends that the Conditional Use Permit to allow an On-Sale Liquor Establishment be approved with stipulations as outlined in the staff report.

 

 

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 Department of Community Planning & Development Services by close of business on the seventh full calendar day following action by the Planning Commission.

 

*25.

No. 12UR007 - Hillsview Subdivision

A request by Lamar Advertising to consider an application for a Conditional Use Permit to allow an Off-Premise Sign for Lot 17 of Hillsview Subdivision located in Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the northeast corner of East Highway 44 and Rockhill Road.

Staff recommends that the Conditional Use Permit to allow an Off-Premise Sign be continued to the April 26, 2012 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 Department of Community Planning & Development Services by close of business on the seventh full calendar day following action by the Planning Commission.

 

*26.

No. 12UR008 - Original Town of Rapid City

A request by Main Street Square, LLC to consider an application for a Major Amendment to a Conditional Use Permit to expand an On-Sale Liquor Establishment for Lot 17 and vacated portions of Main Street and Sixth Street adjacent to Lot 17, Lots 18-22 and the vacated portions of Main Street adjacent to Lots 18-22, Lot 23 excluding the east 15 feet of Lot 23, and the vacated alley located between 5th Street and 6th Street, all located in Block 75 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 526 Main Street.

Staff recommends that the Major Amendment to a Conditional Use Permit to expand an On-Sale Liquor Establishment be approved with stipulations as outlined in the staff report.

 

 

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 Department of Community Planning & Development Services by close of business on the seventh full calendar day following action by the Planning Commission.

 

*27.

No. 12UR009 - Red Rock Estates

A request by LYNC Architecture, LLC for Don and Donna Short to consider an application for a Conditional Use Permit to allow an oversized garage for Lot 3 of Block 18 of Red Rock Estates located in Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 5407 Bethpage Drive.

Staff recommends that the Conditional Use Permit to allow an oversized garage be approved with stipulations as outlined in the staff report.

 

 

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 Department of Community Planning & Development Services by close of business on the seventh full calendar day following action by the Planning Commission.

 

28.

Discussion Items

 

 

 

29.

Staff Items

 

 

 

30.

Planning Commission Items

 

 

 

31.

Committee Reports

 

A.

City Council Report (March 5, 2012)

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

 

B.

Sign Code Board of Appeals

 

C.

Zoning Board of Adjustment

 

D.

Capital Improvements Subcommittee

 

E.

Tax Increment Financing Committee