No. 12PD004 - Fox Run Subdivision

Appeal of the Planning Commission's decision on a request by Advanced Engineering for Ray Lipsey to consider an application for a Major Amendment to a Commercial Development Plan for Lot A2R of Block 2 of Fox Run Subdivision located in the NE1/4 NW1/4 of Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located 3625 5th Street.


PLANNING COMMISSION DECISION:
Planning Commission approved the Major Amendment to a Commercial Development Plan with the following stipulations:

1.

Prior to Planning Commission approval, the applicant shall submit a revised site plan addressing redline comments;

2.

Prior to Planning Commission approval, the applicant shall obtain an exception to allow the driveway approach on Fox Run Drive that does not align with the opposite driveway or revise the plans to complywith Section 8.2.4 of the Street Design Criteria Manual;

3.

The guard rails shall be consistent with the plans as submitted with the application. The proposed fencing shall be constructed with vinyl material;

4.

A building permit shall be obtained prior to any construction;

5.

Prior to issuance of a building permit, structural design plans for the retaining walls shall be submitted for review and approval;

6.

Prior to issuance of a building permit, an erosion and sediment control plan shall be submitted for review and approval;

7.

Prior to issuance of a building permit, pond details including overflow, grading and rip-rap shall be submitted for review and approval;

8.

Prior to issuance of a building permit, the applicant shall provide the design grade of the driveway for review and approval;

9.

A Right-of-Way Permit shall be obtained to work in the right-of-way;

10.

All provisions of the Office Commercial District shall be met unless otherwise specifically authorized as a stipulation of this Major Amendment to the Conditional Use Permit or a subsequent Major Amendment;

11.

A minimum of 67 parking spaces shall be provided. In addition, three of the parking spaces shall be handicap accessible. One of the handicap spaces shall be “van accessible.” All provisions of the Off-Street Parking Ordinance shall be continually met;

12.

A minimum of 57,204 landscaping points shall be provided. All provisions of Section 17.50.300, the Landscaping Regulations of the Rapid City Municipal Code shall be continually met. All landscaping shall be continually maintained in a live vegetative state and replaced as necessary;

13.

All signage shall continually conform to Chapter 15.28 of the Rapid City Municipal Code. No electronic signs are being approved as a part of this Major Amendment to a Planned Commercial Development. All signage not in conformance with Chapter 15.28 of the Rapid City Municipal Code or any electronic reader board signs shall require the review and approval of a Major Amendment to the Planned Commercial Development. 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;

14.

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;

15.

All applicable provisions of the adopted International Fire Code shall continually be met; and,

16.

The Major Amendment to the Planned Commercial Development shall allow for the expansion of the parking lot. Any change in use that is a permitted use in the Office Commercial District shall require the review and approval of a Minimal Amendment. Any change in use that is a Conditional Use in the Office Commercial District shall require the review and approval of a Major Amendment to the Conditional Use Permit.


VOTE: (9 to 0 with Braun, Brewer, Fink, Marchand, Popp, Rolinger, Scull, Snyder and Swank voting yes and none voting no)