PLANNING COMMISSION RECOMMENDATION:
Planning Commission approved the Planned Residential Development - Initial and Final Development Plan to allow a child care center with the following stipulations:

1.

Prior to Planning Commission approval, a revised site plan be submitted for review and approval showing the location of the proposed mechanical equipment and screening fence;

2.

All signage shall conform to the design, color and location as shown in the sign package approved as a part of the Planned Commercial Development. No electronic signs are approved as a part of this Development Plan. The addition of electronic signage will require 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;

3.

The Planned Residential Development shall allow the property to be used as a child care center. A maximum of 75 children and eight staff members shall be allowed at the child care center. The hours of operation for the child care center shall be from 5:30am to 7pm, Monday through Friday with the outdoor play area to be utilized only during the hours of 9:00 a.m. to 6:00 p.m. In addition, the child care center shall be operated in compliance with Chapter 17.50.150 of the Rapid City Municipal Code;

4.

A minimum of 3,200 square feet of indoor play space and 2,998 square feet of outdoor play space shall be provided on the site as per Section 17.50.150.C of the Rapid City Municipal Code;

5.

The structure shall conform architecturally to the plans and elevations approved with the Planned Residential Development;

6.

The parking plan shall continually comply with all requirements of the Zoning Ordinance and the approved parking plan. A minimum of 17 parking spaces, including one van accessible handicap space shall be provided. In addition, five parent unloading spaces shall be maintained in the parking area as shown on the submitted plans;

7.

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

8.

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

9.

The front yard setback is hereby reduced from 25 feet to 20 feet for the existing building on the site. Any removal of the building in whole or part shall require that a minimum 25 foot front yard setback be provided;

10.

The rear yard setback is hereby reduced from 25 feet to 9 feet for the existing building on the site and from 25 feet to 4 feet for the HVAC equipment. Any removal of the building in whole or part shall require that a minimum 25 foot front yard setback be provided;

11.

The rear yard setback is hereby reduced from 5 feet to 2 feet for the existing garage on the site. Any removal of the building in whole or part shall require that a minimum 5 foot rear yard setback be provided;

12.

The side yard setback is hereby reduced from 5 feet to 1 foot for the existing garage on the site. Any removal of the building in whole or part shall require that a minimum 5 foot side yard setback be provided;

13.

A maximum lot coverage of 35 percent in lieu of 30 percent shall be allowed. Any removal of the structures in whole or part shall require that a maximum of 30 percent lot coverage be maintained;

14.

Prior to issuance of a building permit, the owner must enter into a Developmental Lot Agreement. In addition, the agreement must be recorded at the Register of Deed’s Office and a copy of the recorded document submitted to the Growth Management Department;

15.

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

16.

The HVAC units shall not exceed the 65 db noise level as proposed;

17.

All International Fire Codes shall be continually met; and,

18.

The Planned Residential Development shall expire if the use is not undertaken 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.