STAFF RECOMMENDATION:
Staff recommends that Council acknowledge the applicant's withdrawal of the appeal of the Planning Commission's decision.

PLANNING COMMISSION DECISION:
Planning Commission approved the Planned Commercial Development - Initial and Final Development Plan with the following stipulations:

1.

Prior to Building Permit approval, the applicant shall submit a revised site plan demonstrating that the driveway spacing requirements between the access easement along the north property line and the northern access driveway are met or obtain an exception to the Street Design Criteria Manual;

2.

Prior to Building Permit approval, the applicant shall submit a revised site plan demonstrating that the driveway spacing requirements between Luna Avenue and the driveway onto the Tract C are met or obtain an exception to the Street Design Criteria Manual;

3.

Prior to Building Permit approval, the applicant shall submit revised construction plans demonstrating that the driveways are constructed of reinforced concrete in accordance with Section 8.2.1 of the Street Design Criteria Manual or obtain an exception to the Street Design Criteria Manual;

4.

Prior to Planning Commission approval, the applicant shall submit a revised landscaping plan demonstrating that the location of plant material is not impacted by the proposed exit doors and that the landscaping plan demonstrates that the landscaping points provided and the proposed planting schedule are consistent;

5.

The proposed landscaping shall conform to the plans with a minimum of 80,260 89,250 points including the specific plant material submitted as part of this Planned Commercial Development Plan. In particular, the landscaping plan shall comply with all requirements of the Zoning Ordinance;

6.

Prior to Building Permit approval, the applicant shall submit a revised site plan demonstrating pedestrian access from the north driveway to the structure;

7.

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

8.

The proposed sign package shall be limited to include one monument sign measuring 10 feet wide by 15 feet high, one on-premise wall sign measuring 15 feet wide by 6 feet tall along the main entry of the structure, and two double-faced directional signs measuring 3 feet wide by 4 feet tall. All signage shall conform to the design, color and location as shown in the sign package submitted as a part of the Planned Commercial Development.  No electronic signs are being approved as a part of this sign package.  The addition of electronic signs shall be submitted for review and approval as a Major Amendment to the Planned Commercial Development. Changes to the proposed sign package, which the Growth Management Director determines to be consistent with the original approved sign package, shall be allowed as a Minimal Amendment to the Planned Commercial Development.  The Growth Management Director may approve temporary signs in accordance with Chapter 15.28.080 of the Rapid City Municipal Code.  The lighting for the signs shall be designed to preclude shining on the adjacent properties and/or street(s).  A sign permit shall also be obtained for each individual sign;

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 particular, on-site fire hydrants shall be provided as needed. In addition, all weather access roads shall be constructed in compliance with the Street Design Criteria Manual in order to accommodate Fire Department apparatus. The proposed structure shall be fully fire sprinkled and fire alarmed as per the 2003 International Fire Code;

10.

All provisions of the General Commercial District shall be met unless otherwise specifically authorized as a stipulation of this Final Commercial Development Plan application or a subsequent Major Amendment;

11.

The proposed structure shall be used as a restaurant unless otherwise specifically authorized as a stipulation of this Final Commercial Development application or a subsequent Major Amendment is approved changing the use; and

12.

The Planned Commercial 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.