CITY COUNCIL ACTION:

On June 28, 2010, City Council approved the Planned Commerical Initial Develpment Plan upon the effective date of the associated Comprehensive Plan Amendments and Rezonings with the following stipulations:

1.

All plans shall be sealed by a Professional Engineer or Architect, as appropriate, licensed to practice in the State of South Dakota in accordance with the requirements of the South Dakota Board of Technical Professions;

2.

Prior to issuance of a building permit, a Final Commercial Development Plan shall be submitted, reviewed and approved;

3.

Prior to issuance of a building permit, a Final Plat shall be approved securing legal access and utility and drainage easements as needed or easements shall be recorded as miscellaneous documents at the Register of Deed’s Office to insure that access and utility and drainage easements are secured as necessary for the proposed development;

4.

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

5.

Upon submittal of a Final Commercial Development Plan, all necessary changes shall be made to the construction plan(s) as identified on the red lined drawings. In addition, the red lined drawings shall be returned to the Growth Management Department;

6.

Upon submittal of a Final Commercial Development Plan application, a complete sign package, including any proposed signage on the buildings and direction signs within the parking lot, shall be submitted for review and approval. In addition, the applicant shall demonstrate that the sign package is in compliance with the Sign Code or a Variance shall be obtained from the Sign Code Board of Appeals;

7.

Upon submittal of a Final Commercial Development Plan application, a revised lighting plan and Photometric Plan shall be submitted for review and approval demonstrating that the lighting that is currently shown as reflecting onto the adjacent properties has been revised to meet the requirements that all lighting be designed to reflect light within the property boundaries, so as not to reflect or shine onto adjoining properties and rights-of-way and so as to not be a hazard to the passing motorist or constitute a nuisance of any kind;

8.

Upon submittal of a Final Commercial Development Plan application, the applicant shall enter into a Covenant Agreement with the City securing maintenance of the proposed decorative street lights along Stumer Road. In addition, the street lights shall comply with the submitted design detail and shall be black in color as proposed;

9.

Upon submittal of a Final Commercial Development Plan application, the structural elevations for the Walmart Supercenter building shall be revised to reconfigure the cultured stone arch, located on the northeast corner of the building, providing a cultured stone accent without creating an arch that resembles a false doorway. In addition, the structural elevations shall be revised to show an alternative color for the overhead doors located on the south side of the building which matches the color of the balance of the building. Additional screening shall be provided along the roof top to screen the roof membrane and the roof top equipment from view. In addition, the backside of the parapets shall be brown or tan in color to match the front of the parapet in lieu of the proposed white color(s) as shown on the elevations. The proposed color of the roof membrane shall also be identified and submitted for review and approval;

10.

Upon submittal of a Final Commercial Development Plan application, detailed structural elevations and site plan information for the customer kiosk located south of the Walmart Supercenter building shall be submitted for review and approval. In addition, the applicant shall identify the purpose and function for the kiosk and identify whether pedestrian or vehicular access to the kiosk is being proposed;

11.

Upon submittal of a Final Commercial Development Plan application, elevations of the proposed mini-anchor retail structures shall be submitted for review and approval. The elevations shall also include the design of the roof top and screening as needed for any roof top mechanical units. In addition, a list of building materials and the proposed color palette shall be submitted for review and approval. The design of the structure(s) shall be consistent and complimentary to the plans submitted for the Walmart Supercenter;

12.

Upon submittal of a Final Commercial Development Plan application, screening shall be provided along the north side of the compactor located on the north side of the Walmart Supercenter building or an Exception shall be obtained to waive the requirement to screen the compactor along all four sides;

13.

Upon submittal of a Final Commercial Development Plan application, the design of the proposed bike rack(s) at the front of the Walmart Supercenter building and the mini-anchor retail building(s) shall be submitted for review and approval.  The bike rack(s) shall be designed to support the frame of the bicycle and not just one wheel, allow the frame and both wheels to be locked to the rack, be securely anchored, be usable by bicycles with no kickstand, be usable by bicycles with water bottle cages, be usable by a wide variety of sizes and types of bicycles.  In addition, the bike racks shall be black in color;  

14.

Upon submittal of a Final Commercial Development application, the east to west sidewalk located within the landscape boulevard shall be widened to 6 feet to allow a 2 foot wide vehicle overhang with a minimum 4 foot wide pedestrian walk or wheel stops shall be installed in the adjacent parking spaces to preclude the vehicles from overhanging onto the sidewalk. If wheel stops are utilized, the parking plan shall be adjusted as needed to insure that a minimum 18 foot long parking space is being provided;

15.

Upon submittal of a Final Commercial Development Plan application, the site plan shall be revised to show the future location of a transit bus stop and structure along Stumer Road west of the most western approach into the Walmart Supercenter site. In addition, any required easements shall be recorded as needed to secure the site for the transit bus stop and structure for any portion located outside of the Stumer Road right-of-way;

16.

Upon submittal of a Final Commercial Development Plan, construction plans shall be submitted for review and approval showing the elimination of through traffic along Stumer Road west of the approach into the Eagle Ridge Apartments to the intersection of Stumer Road and Enchantment Road. In particular, the construction plans shall show bollard barrier(s) within the westbound lane west of the approach into the Eagle Ridge Apartments and bollard barrier(s) within the eastbound lane of Stumer Road directly east of the intersection of Stumer Road and Enchantment Road. Regulatory signs designed in accordance with the Manual on Uniform Traffic Control Devises shall be posted at both ends of Stumer Road. In addition, a raised “pork chop” island shall be constructed within the Eagle Ridge Apartment approach along Stumer Road to preclude left turns from the Eagle Ridge Apartment property onto Stumer Road. The improvements shall be completed prior to issuance of a Certificate of Occupancy;

17.

Upon submittal of a Final Commercial Development Plan, construction plans shall be submitted for review and approval showing that the left turn lane(s) at the eastern driveways along Stumer Road align in order to provide adequate sight triangle clearance;

18.

Upon submittal of a Final Commercial Development Plan, a revised Traffic Impact Study shall be submitted for review and approval addressing grammatical revisions to the report;

19.

Upon submittal of a Final Commercial Development Plan, construction plans shall be submitted for review and approval for the off-site street improvements to accommodate traffic pursuant to the Traffic Impact Study. Prior to issuance of a Certificate of Occupancy, the following street improvements shall be completed or surety shall be posted:

20.

Upon submittal of a Final Commercial Development Plan application, design plans for the roundabout designed in compliance with the Federal Highway Administration design guidelines shall be submitted for review and approval. Prior to issuance of a Certificate of Occupancy, the roundabout shall be constructed or surety shall be posted for the improvement;

21.

Upon submittal of a Final Commercial Development Plan application, a geotechnical report including pavement design shall be submitted for review and approval. In addition, the geotechnical report shall include soils resistivity test results. If the results indicate severe potential towards corrosion of buried metal, then information shall be provided identifying that corrosion protection per Rapid City Standard Specifications is adequate protection or additional corrosion protections shall be provided as needed for buried water system metal components;

22.

Upon submittal of a Final Commercial Development application, a drainage plan shall be submitted for review and approval. In addition, drainage easements shall be recorded as needed;

23.

Upon submittal of a Final Commercial Development Plan application, a Stormwater Management Plan including an Erosion and Sediment Control Plan and a Post Construction Water Quality Plan shall be submitted for review and approval;

24.

Upon submittal of a Final Commercial Development Plan, water plans prepared by a Registered Professional Engineer showing the extension of water mains and service lines shall be submitted for review and approval. Utility easements shall be recorded as needed;

25.

Upon submittal of a Final Commercial Development Plan, sewer plans prepared by a Registered Professional Engineer showing the extension of sanitary sewer mains and service lines shall be submitted for review and approval. Utility easements shall be recorded as needed;

26.

Upon submittal of a Final Commercial Development Plan application, construction plans shall be submitted for review and approval showing the location and type of traffic markings and signage. In addition, the applicant shall enter in to a Covenant Agreement with the City securing maintenance of the traffic markings and signage within the right-of-way located at the entrance(s) to the development;

27.

The currently adopted 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, prior to issuance of a building permit, all weather access roads shall be constructed in compliance with the Street Design Criteria Manual in order to accommodate Fire Department apparatus. The proposed structures shall also have fire sprinkler systems and be fire alarmed if required as per the currently adopted International Fire Code;

28.

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

29.

“No Camping or Overnight Parking” signs shall be posted within the parking lot(s) in accordance with the plans submitted;

30.

An Exception is hereby granted to reduce the number of loading spaces from eight spaces to four spaces and to reduce the width of each loading lane from 12 feet to 10 feet;

31.

Upon submittal of a Final Commercial Development Plan, the applicant shall enter into a Covenant Agreement providing for maintenance of the detention facility. In addition, upon submittal of a Preliminary Plat application, the detention facility shall be platted into the mini-anchor retail lot and secured as a major drainage easement as needed;

32.

A minimum of 730 parking spaces shall be provided on the Walmart Supercenter lot. In addition, 15 of the parking spaces shall be handicap accessible spaces. Two of the handicap spaces shall be “van accessible”. In addition, a minimum of three stacking spaces per drive up window shall be provided. All provisions of the Off-Street Parking Ordinance shall be continually met;

33.

A minimum of 235 parking spaces shall be provided on the mini-anchor retail lot. In addition, five of the parking spaces shall be handicap accessible spaces. One of the handicap spaces shall be “van accessible”. All provisions of the Off-Street Parking Ordinance shall be continually met;

34.

A minimum of 672,350 landscape points shall be provided on the Walmart Supercenter lot as proposed. In addition, a minimum of 15 planter islands shall be provided. Bermed landscaping shall be provided along the northwest corner of the property as shown on the landscape plan. In addition, the proposed evergreen trees located along the northwest corner of the property shall be planted with a minimum height of 6 feet and the proposed deciduous trees shall be planted with a minimum three inch caliper measured 12 inches above grade in order to buffer the residential development located north and west of the property. All landscaping shall be irrigated and shall comply with all requirements of the Landscape Ordinance;

35.

A minimum of 232,000 landscape points shall be provided on the mini-anchor retail lot in accordance with approved plans. In addition, a minimum of six planter islands shall be provided. All landscaping shall be irrigated and shall comply with all requirements of the Landscape Ordinance;

36.

The proposed landscaping within the roundabout shall be irrigated and shall be provided in compliance with the Landscape Plan. In addition, prior to issuance of a building permit, a Covenant Agreement shall be recorded to provide for the maintenance of the landscaping within the roundabout;

37.

Upon submittal of a Final Commercial Development Plan, a soil sample analysis shall be submitted for review and approval to insure that the soils support the proposed species as identified within the Landscape Plan;

38.

Noise generated by the development shall continually comply with the Acoustical Assessment Report which states that the sound levels at the property lines shall not exceed Ldn 65 dBA;

39.

All construction traffic shall be routed along Catron Boulevard;

40.

All provisions of the underlying zoning designation(s) shall be met unless otherwise specifically authorized as a stipulation of the Final Commercial Development Plan application or a subsequent Major Amendment;

41.

All use(s) permitted within the General Commercial District shall be allowed. Conditional use(s) within the General Commercial District, including on-sale liquor uses, shall require specific authorization as a stipulation of the Final Commercial Development Plan or a subsequent Major Amendment to the Commercial Development Plan shall be obtained; and,

42.

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. A time extension may be granted if identified and requested as a part of a phasing schedule submitted with the Final Commercial Development Plan application; or upon written request to the Growth Management Director, and prior to the Final Development Plan approval expiration date, a one year extension for Final Development Plan approval may be granted. 

Planning Commission approved the Planned Commercial Development - Initial Development Plan in conjunction with the associated Rezoning and the Comprehensive Plan Amendments and with the following stipulations:

1.

All plans shall be sealed by a Professional Engineer or Architect, as appropriate, licensed to practice in the State of South Dakota in accordance with the requirements of the South Dakota Board of Technical Professions;

2.

Prior to issuance of a building permit, a Final Commercial Development Plan shall be submitted, reviewed and approved;

3.

Prior to issuance of a building permit, a Final Plat shall be approved securing legal access and utility and drainage easements as needed or easements shall be recorded as miscellaneous documents at the Register of Deed’s Office to insure that access and utility and drainage easements are secured as necessary for the proposed development;

4.

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

5.

Upon submittal of a Final Commercial Development Plan, all necessary changes shall be made to the construction plan(s) as identified on the red lined drawings. In addition, the red lined drawings shall be returned to the Growth Management Department;

6.

Upon submittal of a Final Commercial Development Plan application, a complete sign package, including any proposed signage on the buildings and direction signs within the parking lot, shall be submitted for review and approval. In addition, the applicant shall demonstrate that the sign package is in compliance with the Sign Code or a Variance shall be obtained from the Sign Code Board of Appeals;

7.

Upon submittal of a Final Commercial Development Plan application, a revised lighting plan and Photometric Plan shall be submitted for review and approval demonstrating that the lighting that is currently shown as reflecting onto the adjacent properties has been revised to meet the requirements that all lighting be designed to reflect light within the property boundaries, so as not to reflect or shine onto adjoining properties and rights-of-way and so as to not be a hazard to the passing motorist or constitute a nuisance of any kind;

8.

Upon submittal of a Final Commercial Development Plan application, the applicant shall enter into a Covenant Agreement with the City securing maintenance of the proposed decorative street lights along Stumer Road. In addition, the street lights shall comply with the submitted design detail and shall be black in color as proposed;

9.

Upon submittal of a Final Commercial Development Plan application, the structural elevations for the Walmart Supercenter building shall be revised to reconfigure the cultured stone arch, located on the northeast corner of the building, providing a cultured stone accent without creating an arch that resembles a false doorway. In addition, the structural elevations shall be revised to show an alternative color for the overhead doors located on the south side of the building which matches the color of the balance of the building. Additional screening shall be provided along the roof top to screen the roof membrane and the roof top equipment from view. In addition, the backside of the parapets shall be brown or tan in color to match the front of the parapet in lieu of the proposed white color(s) as shown on the elevations. The proposed color of the roof membrane shall also be identified and submitted for review and approval;

10.

Upon submittal of a Final Commercial Development Plan application, detailed structural elevations and site plan information for the customer kiosk located south of the Walmart Supercenter building shall be submitted for review and approval. In addition, the applicant shall identify the purpose and function for the kiosk and identify whether pedestrian or vehicular access to the kiosk is being proposed;

11.

Upon submittal of a Final Commercial Development Plan application, elevations of the proposed mini-anchor retail structures shall be submitted for review and approval. The elevations shall also include the design of the roof top and screening as needed for any roof top mechanical units. In addition, a list of building materials and the proposed color palette shall be submitted for review and approval. The design of the structure(s) shall be consistent and complimentary to the plans submitted for the Walmart Supercenter;

12.

Upon submittal of a Final Commercial Development Plan application, screening shall be provided along the north side of the compactor located on the north side of the Walmart Supercenter building or an Exception shall be obtained to waive the requirement to screen the compactor along all four sides;

13.

Upon submittal of a Final Commercial Development Plan application, the design of the proposed bike rack(s) at the front of the Walmart Supercenter building and the mini-anchor retail building(s) shall be submitted for review and approval.  The bike rack(s) shall be designed to support the frame of the bicycle and not just one wheel, allow the frame and both wheels to be locked to the rack, be securely anchored, be usable by bicycles with no kickstand, be usable by bicycles with water bottle cages, be usable by a wide variety of sizes and types of bicycles.  In addition, the bike racks shall be black in color;  

14.

Upon submittal of a Final Commercial Development application, the east to west sidewalk located within the landscape boulevard shall be widened to 6 feet to allow a 2 foot wide vehicle overhang with a minimum 4 foot wide pedestrian walk or wheel stops shall be installed in the adjacent parking spaces to preclude the vehicles from overhanging onto the sidewalk. If wheel stops are utilized, the parking plan shall be adjusted as needed to insure that a minimum 18 foot long parking space is being provided;

15.

Upon submittal of a Final Commercial Development Plan application, the site plan shall be revised to show the future location of a transit bus stop and structure along Stumer Road west of the most western approach into the Walmart Supercenter site. In addition, any required easements shall be recorded as needed to secure the site for the transit bus stop and structure for any portion located outside of the Stumer Road right-of-way;

16.

Upon submittal of a Final Commercial Development Plan, construction plans shall be submitted for review and approval showing the elimination of through traffic along Stumer Road west of the approach into the Eagle Ridge Apartments to the intersection of Stumer Road and Enchantment Road. In particular, the construction plans shall show bollard barrier(s) within the westbound lane west of the approach into the Eagle Ridge Apartments and bollard barrier(s) within the eastbound lane of Stumer Road directly east of the intersection of Stumer Road and Enchantment Road. Regulatory signs designed in accordance with the Manual on Uniform Traffic Control Devises shall be posted at both ends of Stumer Road. In addition, a raised “pork chop” island shall be constructed within the Eagle Ridge Apartment approach along Stumer Road to preclude left turns from the Eagle Ridge Apartment property onto Stumer Road. The improvements shall be completed prior to issuance of a Certificate of Occupancy;

17.

Upon submittal of a Final Commercial Development Plan, construction plans shall be submitted for review and approval showing that the left turn lane(s) at the eastern driveways along Stumer Road align in order to provide adequate sight triangle clearance;

18.

Upon submittal of a Final Commercial Development Plan, a revised Traffic Impact Study shall be submitted for review and approval addressing grammatical revisions to the report;

19.

Upon submittal of a Final Commercial Development Plan, construction plans shall be submitted for review and approval for the off-site street improvements to accommodate traffic pursuant to the Traffic Impact Study. Prior to issuance of a Certificate of Occupancy, the following street improvements shall be completed or surety shall be posted:

20.

Upon submittal of a Final Commercial Development Plan application, design plans for the roundabout designed in compliance with the Federal Highway Administration design guidelines shall be submitted for review and approval. Prior to issuance of a Certificate of Occupancy, the roundabout shall be constructed or surety shall be posted for the improvement;

21.

Upon submittal of a Final Commercial Development Plan application, a geotechnical report including pavement design shall be submitted for review and approval. In addition, the geotechnical report shall include soils resistivity test results. If the results indicate severe potential towards corrosion of buried metal, then information shall be provided identifying that corrosion protection per Rapid City Standard Specifications is adequate protection or additional corrosion protections shall be provided as needed for buried water system metal components;

22.

Upon submittal of a Final Commercial Development application, a drainage plan shall be submitted for review and approval. In addition, drainage easements shall be recorded as needed;

23.

Upon submittal of a Final Commercial Development Plan application, a Stormwater Management Plan including an Erosion and Sediment Control Plan and a Post Construction Water Quality Plan shall be submitted for review and approval;

24.

Upon submittal of a Final Commercial Development Plan, water plans prepared by a Registered Professional Engineer showing the extension of water mains and service lines shall be submitted for review and approval. Utility easements shall be recorded as needed;

25.

Upon submittal of a Final Commercial Development Plan, sewer plans prepared by a Registered Professional Engineer showing the extension of sanitary sewer mains and service lines shall be submitted for review and approval. Utility easements shall be recorded as needed;

26.

Upon submittal of a Final Commercial Development Plan application, construction plans shall be submitted for review and approval showing the location and type of traffic markings and signage. In addition, the applicant shall enter in to a Covenant Agreement with the City securing maintenance of the traffic markings and signage within the right-of-way located at the entrance(s) to the development;

27.

The currently adopted 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, prior to issuance of a building permit, all weather access roads shall be constructed in compliance with the Street Design Criteria Manual in order to accommodate Fire Department apparatus. The proposed structures shall also have fire sprinkler systems and be fire alarmed if required as per the currently adopted International Fire Code;

28.

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

29.

“No Camping or Overnight Parking” signs shall be posted within the parking lot(s) in accordance with the plans submitted;

30.

An Exception is hereby granted to reduce the number of loading spaces from eight spaces to four spaces and to reduce the width of each loading lane from 12 feet to 10 feet;

31.

Upon submittal of a Final Commercial Development Plan, the applicant shall enter into a Covenant Agreement providing for maintenance of the detention facility. In addition, upon submittal of a Preliminary Plat application, the detention facility shall be platted into the mini-anchor retail lot and secured as a major drainage easement as needed;

32.

A minimum of 730 parking spaces shall be provided on the Walmart Supercenter lot. In addition, 15 of the parking spaces shall be handicap accessible spaces. Two of the handicap spaces shall be “van accessible”. In addition, a minimum of three stacking spaces per drive up window shall be provided. All provisions of the Off-Street Parking Ordinance shall be continually met;

33.

A minimum of 235 parking spaces shall be provided on the mini-anchor retail lot. In addition, five of the parking spaces shall be handicap accessible spaces. One of the handicap spaces shall be “van accessible”. All provisions of the Off-Street Parking Ordinance shall be continually met;

34.

A minimum of 672,350 landscape points shall be provided on the Walmart Supercenter lot as proposed. In addition, a minimum of 15 planter islands shall be provided. Bermed landscaping shall be provided along the northwest corner of the property as shown on the landscape plan. In addition, the proposed evergreen trees located along the northwest corner of the property shall be planted with a minimum height of 6 feet and the proposed deciduous trees shall be planted with a minimum three inch caliper measured 12 inches above grade in order to buffer the residential development located north and west of the property. All landscaping shall be irrigated and shall comply with all requirements of the Landscape Ordinance;

35.

A minimum of 232,000 landscape points shall be provided on the mini-anchor retail lot in accordance with approved plans. In addition, a minimum of six planter islands shall be provided. All landscaping shall be irrigated and shall comply with all requirements of the Landscape Ordinance;

36.

The proposed landscaping within the roundabout shall be irrigated and shall be provided in compliance with the Landscape Plan. In addition, prior to issuance of a building permit, a Covenant Agreement shall be recorded to provide for the maintenance of the landscaping within the roundabout;

37.

Upon submittal of a Final Commercial Development Plan, a soil sample analysis shall be submitted for review and approval to insure that the soils support the proposed species as identified within the Landscape Plan;

38.

Noise generated by the development shall continually comply with the Acoustical Assessment Report which states that the sound levels at the property lines shall not exceed Ldn 65 dBA;

39.

All construction traffic shall be routed along Catron Boulevard;

40.

All provisions of the underlying zoning designation(s) shall be met unless otherwise specifically authorized as a stipulation of the Final Commercial Development Plan application or a subsequent Major Amendment;

41.

All use(s) permitted within the General Commercial District shall be allowed. Conditional use(s) within the General Commercial District, including on-sale liquor uses, shall require specific authorization as a stipulation of the Final Commercial Development Plan or a subsequent Major Amendment to the Commercial Development Plan shall be obtained; and,

42.

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. A time extension may be granted if identified and requested as a part of a phasing schedule submitted with the Final Commercial Development Plan application; or upon written request to the Growth Management Director, and prior to the Final Development Plan approval expiration date, a one year extension for Final Development Plan approval may be granted.