No. 05PD077 - Section 35, T1N, R7E

An appeal of the Planning Commission's decision of a request by BFA, Inc. for Wal-Mart Stores, Inc. to consider an application for a Planned Commercial Development - Intial Development Plan a tract of land located in Sections 34 and 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the northeast corner of the NW¼ of NW¼ of Section 35, T1N, R7E, BHM, Pennington County, South Dakota, a ½ inch pipe, thence S00º02’58”E along the section 1/16 line, a distance of 868.95 feet to the Point of Beginning; Thence first course: S00º02’58”E along the section 1/16 line, a distance of 467.74 feet to the southeast corner of the NW¼ of NW¼ of Section 35, T1N, R7E, BHM, a 5/8” rebar w/cap “4225”; Thence second course: S00º02’58”E along the section 1/16 line a distance of 1331.33 feet to a 5/8” rebar w/cap “4225”, which is the southeast corner of the SW¼ of NW¼ of Section 35, T1N, R7E, BHM; Thence third course: N89º24’46”W along the east-west Section ¼ line of same Section 35, a distance of 1326.32 feet to a 5/8” rebar w/cap “4225” which is the west Section ¼ corner of Section 35, T1N, R7E, BHM; Thence fourth course: S89º42’51”W, a distance of 104.64 feet along the east-west Section ¼ line of Section 34, T1N, R7E, BHM to a 5/8” rebar w/cap “4225” located on the east right of way line of South Dakota Highway 16 and the beginning of a nontangent curve, concave to the northwest, having a radius of 2492.00 feet, a delta angle of 15º55’17”, a chord bearing of N15º16’33”E, and a chord length of 690.25 feet; Thence fifth course: Northeasterly along said curve and the east right of way of South Dakota Highway 16, through an angle of 15º55’17”, and an arc length of 692.47 feet to a 5/8” rebar w/cap “4225” which is the beginning of a nontangent line; Thence sixth course: N82º41’04”W along the east right of way of South Dakota Highway 16, a distance of 50.00 feet to a 5/8” rebar w/cap “4225”; Thence seventh course: N07º18’56”E along the east right of way line of South Dakota Highway 16, a distance of 658.85 feet to a 5/8” rebar w/cap “4225”; Thence eighth course: N07º18’56”E, along the east right of way line of South Dakota Highway 16, a distance of 598.55 feet; Thence ninth course: S83º18’29”E a distance of 1144.76 feet to the Point of Beginning, all located in the W½ of the NW¼ of Section 35, T1N, R7E, BHM, and in the SE¼ of the NE¼ of Section 34, T1N, R7E, BHM, Pennington County, South Dakota. Said parcel contains 53.717 acres, more or less.


PLANNING COMMISSION RECOMMENDATION:
Planning Commission approved the Planned Commercial Development - Intial Development Plan (05PD077) in conjunction with the associated Rezoning (05RZ047) Request and with the following stipulations:

1.

A building permit shall be obtained prior to any construction and a Certificate of Occupancy shall be obtained prior to occupancy;

2.

Prior to issuance of a Building Permit, a Preliminary Plat and/or the construction plans shall be reviewed and approved to insure that the outstanding issues specific to the subdivision improvements have been addressed. In particular, construction plans shall be reviewed and approved addressing utility, grading, erosion control, drainage and street improvements;

3.

Prior to issuance of a Certificate of Occupancy, a Final Plat shall be approved for the subject property;

4.

Prior to issuance of a Certificate of Occupancy of the “Wal-Mart Supercenter”, all of the infrastructure improvements including the extension of utilities as well as the construction of improvements at the intersection of U.S. Highway 16 and Sammis Trail, the construction of Sammis Trail and the rearage road as they abut the subject property and required on site improvements shall be completed;

5.

Prior to issuance of a Certificate of Occupancy, access to U.S. Highway 16 from existing Sammis Trail shall be closed. In addition, the street connection between the new Sammis Trail and the existing Sammis Trail shall be completed;

6.

Upon submittal of a Final Planned Commercial Development application, a water and sewer plan prepared by a Professional Engineer shall be submitted for review and approval. In addition, the applicant shall demonstrate that adequate domestic water and fire flows are being provided;

7.

Upon submittal of a Final Planned Commercial Development application, a grading plan and geotechnical information shall be submitted for review and approval;

8.

Upon submittal of a Final Planned Commercial Development application, a drainage plan as well as an erosion and sediment control plan shall be submitted for review and approval. In particular, the drainage plan shall be submitted in compliance with the Landfill Drainage Basin Plan and shall show flow quantities, directions, collection system elements and any required detention. Any street drainage discharge shall be within the acceptable standards as per the Drainage Criteria Manual;

9.

The International Fire code shall be continually met. In particular, fire hydrants shall be installed and operational prior to the issuance of a building permit and/or any construction on the site using combustible material(s). In addition, all weather access roads shall be constructed in compliance with the Street Design Criteria Manual in order to accommodate Fire Department apparatus;

10.

Upon submittal of a Final Planned Commercial Development application, a complete landscaping plan shall be submitted for review and approval. The landscaping plan shall comply with the U.S. Highway 16 NeighborhoodAreaFutureLand Use Plan. In particular, the landscaping plan shall provide a forty foot landscape area along U.S. Highway 16 right-of-way. In addition, an informally arranged mix of deciduous and coniferous trees and shrubs, with naturalized grasses and wildflowers shall be incorporated into the landscapes zones. Berms and mass plantings shall also be incorporated into the landscapes zones to screen off-street parking areas from the U.S. Highway 16 roadway and to screen the ground plane for retail uses allowing view opportunities to stores and building mounted signage. In addition, the landscaping shall be designed to focus views into the site at key image locations such as entries, focal points or architectural features, including building mounted signs. All landscape areas shall be irrigated with sensors installed to avoid wasting water;

11.

Upon submittal of a Final Planned Commercial Development application, a sign package shall be submitted for review and approval. The sign package shall comply with the U.S. Highway 16 NeighborhoodAreaFutureLand Use Plan. In particular, horizontal profile signage made of subtle, earth toned materials incorporated into the landscaping areas shall be provided. All signs shall be less than 12 feet in height and no pole signs shall be allowed. In addition, plant materials shall be incorporated around the base of the ground mounted signs to aide in integrating the signs into the natural environment. Plant material around floodlight fixtures shall be carefully located to visually screen the fixtures;

12.

Upon submittal of a Final Planned Commercial Development application, a lighting package shall be submitted for review and approval. In particular, the lighting package shall be designed to provide lighting within the parking lot while protecting the night skies;

13.

Upon submittal of a Final Planned Commercial Development application, the elevations of the proposed structure shall be revised to comply with the U.S. Highway 16 NeighborhoodAreaFutureLand Use Plan. In particular, the structure materials shall be earth tone with primarily subtle, neutral colors reflective of the prairie environment. In addition, a list of building materials shall be submitted for review and approval. Elevations and building materials for the proposed convenience store shall also be submitted for review and approval.

14.

Upon submittal of a Final Planned Commercial Development application, the location and size of the dumpsters shall be submitted for review and approval. In addition, the dumpsters shall be screened;

15.

Upon submittal of a Final Planned Commercial Development application, the location, size and noise rating of any exterior air handling equipment proposed for the shopping center and the gas station shall be submitted for review and approval. In addition, the equipment shall be screened from all adjacent properties, including rooftop facilities;

16.

Upon submittal of a Final Planned Commercial Development application, a revised Parking Plan shall be submitted for review and approval. In particular, the parking shall be calculated at a ratio of 5 parking spaces per 1,000 square foot gross floor area in lieu of the proposed 4.99 parking spaces per 1,000 square foot gross floor area as identified on the site plan for the retail use. In addition, the parking calculation shall include any outdoor use(s) such as the garden area and storage. The parking plan shall also include parking for the proposed convenience store at a ratio of 11.50 parking spaces per 1,000 square foot gross floor area. In addition, the parking lot shall be designed to comply with the Americans with Disabilities Act (ADA) Design Standards;

17.

Upon submittal of a Final Planned Commercial Development application, the delivery truck route to the Wal-MartSupercenter shall be identified. In addition, the parking lot shall be revised as needed to accommodate the truck traffic. The loading, storage and services areas shall also be screened from the adjacent properties and U.S. Highway 16;

18.

Upon submittal of a Final Planned Commercial Development application, elevations of any proposed fencing, retaining walls and/or screening shall be submitted for review and approval. The fencing, retaining walls and/or screening shall be designed in compliance with the U.S. Highway 16 NeighborhoodAreaFutureLand Use Plan. In particular, the materials shall be warm-toned, natural materials or the materials shall be sympathetic to natural materials. All fences shall be designed so as to have the finished side viewed from the adjacent properties. In addition, chain link fences with slats shall not be utilized;

19.

Overnight parking shall be prohibited from the site and signs shall be posted as needed;

20.

Upon submittal of a Final Planned Commercial Development application, the site plan shall be revised to provide a planter island at a ratio of one such island for every fifty parking spaces or the applicant shall submit a request to reduce the ratio of required planter islands as required by Chapter 17.50.030 of the Landscape Regulations. In particular, the applicant shall demonstrate that the proposed landscape boulevards reduce the heat, noise, wind and air turbulence and the glare of automobile lights within the parking lot and must identify the specific size and plant material proposed within each boulevard;

21.

Upon submittal of a Final Planned Commercial Development application, the site plan shall be revised and submitted for review and approval to show pedestrian access though the site;

22.

An Air Quality Permit shall be obtained prior to any development work or construction in excess of one acre;

23.

Prior to issuance of a building permits and/or sign permits on Lots 1, 3 and 4, a Major Amendment to the Planned Commercial Development shall be submitted for review and approval identifying the specific use and meeting all of the requirements of the Rapid City Municipal Code. In addition, a revised Traffic Impact Study shall be submitted for review and approval if access to Lots 3 and 4 is proposed to be taken from Lot 2 in lieu of the rearage road;

24.

The Planned Commercial Development shall be designed and constructed in compliance with the recommendations as identified in the Traffic Impact Study; and,

25.

All provisions of the General Commercial District and the U.S. Highway Neighborhood Area Future Land Use Plan shall be met unless otherwise specifically authorized as a stipulation of the Final Planned Commercial Development or a subsequent Major Amendment.


VOTE: (4 to 2 with Anderson, Andrews, Brewer, and Landguth voting yes and Fast Wolf, Hennies, voting no)