No. 06PD061 - Fountain Springs Park Subdivision

An appeal of the Planning Commission's decision on a request by CETEC Engineering for Franklin O. Simpson to consider an application for a Planned Residential Development - Initial and Final Development Plan on Lots 1A, 1B, 2A, 2B, 3A, 3B, 4A, 4B, 5A, 5B, 6A, 6B, 7A, 7B, 8A, 8B, 9A, 9B, 10A, 10B, 11A and 11B of Block 3, Vacation of Public Access Easement, and dedicated public right-of-way of Fountain Springs Park Subdivision, located in the NW1/4 SW1/4, Section 26, and the NE1/4 SE1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a parcel of land in the NW¼ SW¼, Section 26 and the NE¼ SE¼, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota being more particularly described as follows; Beginning at the Northwest corner of Tract B of Fountain View Subdivision as recorded in Book 29, Page 239, Said point being monumented with an Iron rod; Thence S72º10’55”W along the Right-of-Way of Harmony Heights Lane a distance of 319.49 feet to a point; Thence along the Right-of-Way of Harmony Heights Lane through a curve to the right having a radius of 229.63 feet, a distance of 3.70 feet; Thence S00º02’56”E 469.04 feet to a point on the South line of the NE¼ SE¼ of said Section 27; Thence N89º41’23”E 114.61 feet along said South line to a point on the East line of the NE¼ SE¼ of said Section 27 monumented with an Iron rod; Thence N89º55’39” E 390.12 feet along the South line of the NW¼ SW¼ of said Section 26 to a point; Thence N00º01’21”W 325.13 feet to a point; Thence S89º58’39”W 122.54 feet to a point; Thence N24º44’05”E 64.04 feet to a point on the 125 foot radius non-tangent curve of said Tract B that concaves to the Northeast; Thence along said curve to a chord intersect point N41º33’15”W at a distance of 100.51 feet; Thence N17º50’42”W 113.81’ along the West line of said Tract B to the Point of Beginning, more generally described as being located southwest of the intersection of Harmony Heights Lane and Sunny Springs Drive.

PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommended that the Planned Residential Development - Initial and Final Development Plan be approved 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 Certificate of Occupancy, a Final Plat shall be reviewed and approved for the lots;

3.

All provisions of the Medium Density Residential District shall be met unless otherwise specifically authorized as a stipulation of this Initial and Final Planned Residential Development or a subsequent Major Amendment;

4.

The proposed structures shall conform architecturally to the proposed elevations, design plans and color palette submitted as part of this Initial and Final Planned Residential Development; and,

5.

The Planned Residential Development shall allow for the construction of townhomes and/or single family residence(s). However, the Planned Residential Development shall expire if the use is not undertaken and completed within two years of the date of approval by the Planning Commission, or if the use as approved has ceased for two years.


VOTE: (7 to 0 to 1 with Anderson, Brown, Derby, Fast Wolf, Landguth, LeMay and Runde voting yes and none voting no and Collins abstaining)