No. 06PD097 - Vista Lake Subdivision No. 2

An appeal of the Planning Commission's decision on a request by John M. Rowe, Buell Consulting, Inc. for Cellular, Inc. Network Corporation d/b/a Verizon Wireless to consider an application for a Major Amendment to a Planned Residential Development to allow the construction of a cellular tower and accessory structures on Lot 1 of Vista Lake Subdivision No. 2, Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 4600 Jackson Boulevard.


PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommended to approve the Major Amendment to a Planned Residential Development to allow the construction of a cellular tower and accessory structures with the following stipulations:

1.

Prior to Planning Commission approval, the site plan shall be revised eliminating the cellular facility;

2.

Prior to Planning Commission approval, the site plan shall be revised eliminating the graveled turnaround from the Jackson Boulevard right-of-way;

3.

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

4.

Prior to issuance of a building permit for any of the three proposed lots, surety shall be posted for the extension of water and sewer to proposed Lot 1 and for sidewalks along proposed Lot 1 as it abuts Jackson Boulevard;

5.

Prior to issuance of a building permit, all necessary changes shall be made to the construction plans as identified on the red lined drawings. In addition, the red lined drawings shall be returned to the DevelopmentServiceCenter Division;

6.

Upon submittal of a building permit, a grading and drainage plan for the proposed development shall be submitted for review and approval;

7.

A Permit to Work in the Right-of-way shall be obtained prior to the start of any construction in the right-of-way;

8.

An Air Quality Permit shall be obtained prior to any surface disturbance in excess of one acre;

9.

An Industrial Pre-treatment Permit shall be obtained prior to issuance of a building permit;

10.

A Manual of Uniform Traffic Control Devises (MUTCD)/Compliant Traffic Control Plan shall be submitted to the South Dakota Department of Transportation for review and approval one month in advance of construction for all stages of work that may impact the safety of the public within the Jackson Boulevard right-of-way;

11.

The proposed structure shall conform architecturally to the plans and elevations and color palette submitted as part of this Planned Residential Development Plan;

12.

All signage shall conform to the design, color and location as shown in the sign package submitted as a part of the Planned Development. A sign permit shall also be obtained;

13.

The landscaping plan shall comply with all requirements of the Zoning Ordinance. In addition, all landscaping shall be continually maintained in a live vegetative state and replaced as necessary;

14.

A minimum of seven parking spaces shall be provided. One of the spaces shall be “van accessible”. In addition, all provisions of the Off-Street Parking Ordinance shall be continually met;

15.

All outdoor lighting shall be reflected within the property boundaries so as to not shine onto adjoining properties and rights-of-way and to not be a hazard to the passing motorist or constitute a nuisance of any kind;

16.

All International Fire Codes shall be met;

17.

The proposed structure shall be used as a residence and photography studio. Any other use shall require a Major Amendment to the Planned Residential Development; and,

18.

The Planned 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 a period of two years.


VOTE: (8 to 0 with Collins, Derby, Fast Wolf, Gregg, Hennies, LeMay, Runde and Waltman voting yes and none voting no)