Planning Commission Recommendation:
Planning Commission approved the Major Amendment to a Planned Residential Development with the following stipulations:

1.

Prior to Planning Commission approval, all necessary changes shall be made to the construction plans as identified on the red lined drawings. In addition, the construction plans shall be sealed and signed by a Professional Engineer. The red lined drawings shall also be returned to the Growth Management Office;

2.

Prior to Planning Commission approval, a Fence Height Exception shall be obtained to allow a 6 foot high fence in lieu of a 4 foot high fence in the front yard as it abuts Stumer Road or the fence shall not exceed four feet within the front yard as it abuts Stumer. In addition, the fence shall conform architecturally to the proposed elevations, design plans and color palette submitted as part of this Major Amendment to the Residential Development Plan;

3.

The landscaping shall be planted in compliance with the approved landscaping plan and shall comply with all approved requirements of the Zoning Ordinance. In addition, all landscaping shall be continually maintained in a live vegetative state and replaced as necessary. The applicant also has the option of placing the evergreen trees along the west lot line on the adjacent property with the adjacent property owner’s concurrence. The landscaping placed on the adjacent property shall count towards the landscaping requirements for this project; however, the applicant is not required to provide maintenance of the landscaping placed on the adjacent property. Any change in the approved landscaping plan shall require a Major Amendment to the Planned Residential Development;

4.

Construction of the fence shall begin within one week and shall be completed within 30 days of issuance of a building permit. In addition, all landscaping located along the west lot line shall be planted within 90 days of issuance of a building permit;

5.

The retaining wall(s) shall be constructed in compliance with the approved design plans. In addition, the wall(s) shall be constructed at the start of construction for Phase Two;

6.

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;

7.

Sediment and erosion control measures shall be continually maintained to preclude sediment from depositing onto the adjacent properties and/or rights-of-way. In addition, sediment and erosion control measures shall be maintained along the berm located along Catron Boulevard;

8.

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

9.

The proposed apartment buildings shall not exceed 38 feet, 9 3/8 inches in height as per the previously approved Exception request;

10.

All provisions of the Zoning Ordinance shall be met unless otherwise specifically authorized as a stipulation of this Major Amendment or a subsequent Major Amendment;

11.

The dumpster(s) shall be screened on all four sides with an opaque screening fence;

12.

A minimum of 231 parking spaces shall be provided with seven of the spaces being handicap accessible. In addition, one of the handicap spaces shall be “Van” accessible. A minimum of six planter islands shall be provided within the parking lot. Each planter island shall contain a minimum of 100 square feet, and provide a minimum of one tree with shrubs, groundcover and/or mulch covering at the base. All provisions of the Off-Street Parking Ordinance shall be continually met;

13.

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. All of the residential dwelling units or structures shall be sprinklered;

14.

A storm water discharge permit shall be obtained as needed;

15.

A Permit to Work in the Right-of-way shall be obtained from the South Dakota Department of Transportation as needed;

16.

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

17.

The Planned Residential Development shall allow for the construction of a 154 unit apartment complex with a leasing/administration office, tot lots and accessory garages on the property. The time to complete the Planned Residential Development shall be extended two years from the date of approval by the Planning Commission. However, the Planned Residential Development shall expire if the use is not undertaken and completed within the two years or if the use as approved has ceased for two years.