ITEMS ON THIS AGENDA ARE SUBJECT TO A SECOND PUBLIC HEARING BEFORE THE RAPID CITY CITY COUNCIL FOR FINAL ACTION. RECOMMENDATIONS OF THE PLANNING COMMISSION ON ITEMS FROM THIS AGENDA MAY BE CONSIDERED BY THE RAPID CITY CITY COUNCIL AT THEIR NEXT REGULAR MEETING ON OCTOBER 15, 2001 AT 7:00 P.M. PLEASE CONTACT PLANNING STAFF FOR INFORMATION REGARDING WHICH CITY COUNCIL AGENDA ANY PARTICULAR ITEM WILL BE HEARD FOR FINAL ACTION.

Consent Calendar

---NON HEARING ITEMS CONSENT CALENDAR---

1.       Approve correction to the August 23, 2001 Planning Commission meeting minutes.

2.       Approval of the September 6, 2001 and September 20, 2001 Planning Commission meeting minutes.

3.       No. 01AN017 - R&L Subdivision and Section 22, T2N, R7E

A request by Pennington County to consider an application for a Petition for Annexation on 1548.92 feet of the 100 foot wide Lange Road right-of-way adjacent and parallel to the north side of Interstate 90 along Lot B of W1/2 SW1/4 including Lot Z, and along R & L Subdivision Lots 1 and 2 and 3, all located in Section 22, T2N, R7E, BHM, Pennington County, South Dakota, more generally described as being located northeast of the intersection of Deadwood Avenue and Interstate 90.

Staff recommends that the Petition for Annexation be approved.

4.       No. 01AN018 - Sections 21, 22 and 27, T2N, R7E

A request by South Dakota Department of Transportation to consider an application for a Petition for Annexation on U.S. Interstate 90 and right-of-way from Deadwood Avenue eastward, all located within Sections 21, 22 and 27, T2N, R7E, BHM, Pennington County, South Dakota, including: Lot H1 NE1/4 SE1/4, Lot H1 SE1/4 SE1/4, all located in Section 21, T2N, R7E, BHM, Pennington County, South Dakota, and Lot H1, Lot H1 of Lot Y of Lot H2, Lot H1 of Lot X of Lot H2, all located in SW1/4 of Section 22, T2N, R7E, BHM, Pennington County, South Dakota, and Lot H1 W1/2 NW1/4 and NE1/4 NW1/4, and Lot H1 NE1/4, all located in Section 27, T2N, R7E, BHM, Pennington County, South Dakota, more generally described as being U.S. Interstate 90 from Deadwood Avenue eastward through Sections 21, 22 and 27.

Staff recommends that the Petition for Annexation be approved.

5.       No. 01CA030 – Summary of Adoption Action - Comprehensive Plan Amendment – Amendment to the Major Street Plan

Staff recommends that the Planning Commission approve the Summary of Adoption and authorize publication in the Rapid City Journal.

6.       No. 01PL038 - Lamb Subdivision

A request by Dream Design International to consider an application for a Preliminary and Final Plat on Lot 1 of Lamb Subdivision located in SE1/4 of NE1/4 of Section 15, T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being located at the southwest corner of Reservoir Road and S.D. Highway 44.

Staff recommends that the Preliminary and Final Plat be continued to the November 8, 2001 Planning Commission meeting.

7.       No. 01PL052 - Buffalo Ridge Subdivision

A request by Ron & MaryAnn Davis to consider an application for a Preliminary Plat on Lots 1 thru 18 of Buffalo Ridge Subdivision formerly: unplatted all located in NW1/4 NW1/4 of Section 11, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located southeast of the intersection of Reservoir Road and Uranus Street.

Staff recommends that the Preliminary Plat be approved with stipulations.

8.       No. 01PL064 - Bies Subdivision

A request by FMG, Inc. for Robbins & Stearns to consider an application for a Layout, Preliminary and Final Plat on Lot 1 and Lot 2 of Bies Subdivision formerly the unplatted balance of the SE1/4 of the NE1/4 of Section 18 located in the SE1/4 of the NE1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located west of S. Highway 79, north of Minnesota Street.

Staff recommends that the Layout, Preliminary and Final Plat be continued to the October 25, 2001 Planning Commission meeting.

9.       No. 01PL079 - Lowe's Subdivision

A request by Ferber Engineering Company to consider an application for a Preliminary and Final Plat on Lot 1 and Lot 2 of Lowe's Subdivision formerly Tract CR and Tract 1 of Martley Subdivision located in the NW1/4 of the NE1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located on the east side of Haines Avenue between Mall Drive and Disk Drive.

Staff recommends that the Preliminary and Final Plat be continued to the October 25, 2001 Planning Commission meeting.

10.     No. 01PL088 - Buffalo Ridge Subdivision

A request by Ron & Mary Ann Davis to consider an application for a Final Plat on Lots 1 thru 18 of Buffalo Ridge Subdivision formerly: unplatted all located in: NW1/4 NW1/4 of Section 11, T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being located 800 feet south of the intersection of Twilight Drive and Reservoir Road.

Staff recommends that the Final Plat be approved with stipulations.

11.     No. 01PL099 - Terracita Park Subdivision

A request by Doug Sperlich for Walgar Development Corp to consider an application for a Layout, Preliminary and Final Plat on Lot 1 of Block 1, Terracita Park Subdivision, and Minnesota Street Right-of-Way (formerly a portion of the SW1/4 of the NW1/4 of the SE1/4 of Section 13) located in the SW1/4 of the NW1/4 of the SE1/4 of Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the intersection of Fifth Street and Minnesota Street.

Staff recommends that the Layout, Preliminary and Final Plat be approved with stipulations.

12.     No. 01PL100 - Country Club Heights No. 2

A request by Doug Sperlich for Gary Rasmusson to consider an application for a Preliminary and Final Plat on Lot 10R and Lot 11R of Block 2, Country Club Heights No. 2 (formerly Lot 10 and Lot 11 of Block 2, Country Club Heights No. 2) located in the SE1/4 of the SE1/4 Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 3302 and 3220 Hogan Court.

Staff recommends that the Preliminary and Final Plat denied without prejudice at the applicant's request.

---END OF NON HEARING ITEMS CONSENT CALENDAR---

---HEARING ITEMS CONSENT CALENDAR---

13.     No. 01TI004 - Red Rock Estates

A request by City of Rapid City to consider an application for a Resolution Creating Tax Increment District No. 32 on Lots 1-11, Block 1, Lots 1-19, Block 2, Lots 1-3, Block 3, Lot 1, Block 4, Lot 1, Block 5, Outlot 1, and dedicated streets, all in Red Rock Estates, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Lot 1, 2, 3A, 3B, 4A, and 4B, Block 6, Red Rock Estates Phase 1A, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Lots 4-16, Block 3, Lot 2 and Lot 3, Block 4, Lots 1-6, Block 7, Lots 1-3, Block 8, all in Red Rock Estates Phase 2, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Outlot A of Tract A, Countryside Sub, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Well Lot, and Balance of Picardi Ranch Road, and Balance of Tract 1 (Less Red Rock Estates and Less ROW), all in Red Ridge Ranch, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and Unplatted W1/2 NW1/4 NE1/4 less Red Ridge Ranch, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Unplatted E1/2 NW1/4 NE1/4 less Red Ridge Ranch and ROW, SW1/4 NE1/4 less Red Ridge Ranch, less Red Rock Estates, less Red Rock Estate Phase 1A, and Less Row, E1/2 NW1/4 less Red Rock Estates and Less ROW, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Unplatted N1/2 NW1/4 SW1/4 less Red Rock Estates and less Countryside Sub; N1/2 NE1/4 SW1/4 less Red Rock Estates & Less Countryside Sub; E1/2 NE1/4, and W1/2 NW1/4, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located north of the intersection of Sheridan Lake Road and Muirfield Drive.

Staff recommends that the Resolution Creating Tax Increment District No. 32 be continued to the October 25, 2001 Planning Commission meeting.

14.     No. 01TI005 - Red Rock Estates

A request by City of Rapid City to consider the Tax Increment District No. 32 Project Plan on Lots 1-11, Block 1, Lots 1-19, Block 2, Lots 1-3, Block 3, Lot 1, Block 4, Lot 1, Block 5, Outlot 1, and dedicated streets, all in Red Rock Estates, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Lot 1, 2, 3A, 3B, 4A, and 4B, Block 6, Red Rock Estates Phase 1A, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Lots 4-16, Block 3, Lot 2 and Lot 3, Block 4, Lots 1-6, Block 7, Lots 1-3, Block 8, all in Red Rock Estates Phase 2, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Outlot A of Tract A, Countryside Sub, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Well Lot, and Balance of Picardi Ranch Road, and Balance of Tract 1 (Less Red Rock Estates and Less ROW), all in Red Ridge Ranch, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and Unplatted W1/2 NW1/4 NE1/4 less Red Ridge Ranch, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Unplatted E1/2 NW1/4 NE1/4 less Red Ridge Ranch and ROW, SW1/4 NE1/4 less Red Ridge Ranch, less Red Rock Estates, less Red Rock Estate Phase 1A, and Less Row, E1/2 NW1/4 less Red Rock Estates and Less ROW, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Unplatted N1/2 NW1/4 SW1/4 less Red Rock Estates and less Countryside Sub; N1/2 NE1/4 SW1/4 less Red Rock Estates & Less Countryside Sub; E1/2 NE1/4, and W1/2 NW1/4, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located north of the intersection of Sheridan Lake Road and Muirfield Drive.

Staff recommends that the Tax Increment District No. 32 Project Plan be continued to the October 25, 2001 Planning Commission meeting.

15.     No. 01CA031 - Section 32, T2N, R8E

A request by Theresa Bennington to consider an application for an Amendment to the Comprehensive Plan by amending the Elk Vale Neighborhood Area Future Land Use Plan to change the future land use designation on a 37.20 acre parcel from General Commercial to Heavy Industrial on NW1/4 SE1/4 SW1/4 Section 32, T2N, R8E; east 613 feet of the north 511 feet of the SW1/4 SW1/4 Section 32, T2N, R8E; E1/2 SE1/4 SW1/4 Section 32, T2N, R8E all located in BHM, Pennington County, South Dakota, more generally described as being located at the western terminus of East Philadelphia Street.

Staff recommends that the Comprehensive Plan Amendment be continued to the October 25, 2001 Planning Commission meeting.

16.     No. 01CA032 - Skyline Pines East

A request by Wyss Associates for W.E.B. Partners to consider an application for an Amendment to the Comprehensive Plan to change the future land use designation on a 3.202 acre parcel from Office Commercial to General Commercial on property described by metes and bounds beginning from a point 1795.13 feet at a bearing S89d39’0"E from the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM, travel 431.35 feet at a bearing N22d2’42"W, Then travel 310.56 feet along a 230’ LHF curve with a chord bearing N16d38’12" E, Then travel 161.93 feet at a bearing N55d19’17"E, Then travel 227.59 feet at a bearing S34d35’20"E,Then travel 300.07 feet at a bearing S45dW, Then travel 305.00 feet at a bearing S34d36’5"E,Then travel 165.44 feet at a bearing S45dW, Then travel 26.8 feet at a bearing N89d39’0"W, to the point of start, more generally described as being located west of the western terminus of Fairmont Boulevard and north of Tower Road.

Staff recommends that the Comprehensive Plan Amendment be continued to the October 25, 2001 Planning Commission meeting.

17.     No. 01OA016 – Ordinance Amendment

A request by City of Rapid City to consider an application for an Ordinance amending Chapters 17.50.050, 17.50.060, 17.50.070, 17.50.080, 17.50.090, 17.50.100, and 17.50.105 to revise various requirements pertaining to Planned Developments including but not limited to: clarifying various notification requirements regarding Initial and Final Development Plan applications, eliminating the requirement to record approved Planned Developments with the Register of Deeds, further defining actions which trigger a Major or Minimal Amendment to an approved Planned Development, and eliminating the minimum size requirements for all types of Planned Developments.

Staff recommends that the Ordinance Amendment be approved.

18.     No. 01OA017 – Ordinance Amendment

A request by City of Rapid City to consider an application for an Ordinance amending Chapter 15.48.110 of the Rapid City Municipal Code by revising certain requirements pertaining to access roads within mobile home parks.

Staff recommends that the Ordinance Amendment be tabled.

19.     No. 01OA018 – Ordinance Amendment

A request by City of Rapid City to consider an application for an Ordinance amending Chapters 17.08, 17.10, 17.12, 17.14, 17.18, 17.20, 17.22, 17.24, 17.28, 17.30, 17.32, 17.34, 17.36, 17.38, 17.40, 17.42, 17.44, 17.46, 17.48 and 17.56 by establishing new subsections pertaining to required building setbacks from section lines in the Park Forest, Low Density Residential –1, Medium Density Residential, High Density Residential, General Commercial, Neighborhood Commercial, Light Industrial, Heavy Industrial, Flood Hazard, Shopping Center – 1, Shopping Center –2, General Agricultural, Hotel-Motel, Mobile Home Residential, Office Commercial, Mining and Earth Extraction, Low Density Residential – 2, Public, Civic Center, and Business Park Zoning Districts.

Staff recommends that the Ordinance Amendment be approved.

20.     No. 01PD049 - Fairelm Subdivision

A request by Thurston Design Group for Regional Senior Care to consider an application for a Major Amendment to a Planned Residential Development to increase the density and allow a nursing home on Lot B of Fairelm Subdivision, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 417 East Fairlane Drive.

Staff recommends that the Major Amendment to a Planned Residential Development be continued to the October 25, 2001 Planning Commission meeting.

21.     No. 01PD050 - Lowe's Subdivision

A request by Ozark Civil Engineering for Lowe's Companies Inc. to consider an application for a Planned Commercial Development - Initial and Final Development Plan on Lots 1 and 2 of Lowe's Subdivision, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the intersection of Haines Avenue and Mall Drive.

Staff recommends that the Planned Commercial Development - Initial and Final Development Plan be continued to the October 25, 2001 Planning Commission meeting.

22.     No. 01PD051 - Overlook Subdivision

A request by Olsen Development Co., Inc. to consider an application for a Planned Commercial Development - Initial and Final Development Plan on Lot 5, Overlook Subdivision, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1825 Clark Street.

Staff recommends that the Planned Commercial Development - Initial and Final Development Plan be approved with stipulations.

23.     No. 01RZ054 - Skyline Pines East

A request by Wyss Associates for W.E.B. Partners to consider an application for a Rezoning from Office Commercial District to General Commercial District beginning from a point 1795.13 feet at a bearing S89d39’0"E from the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM, travel 431.35 feet at a bearing N22d2’42"W, Then travel 310.56 feet along a 230’ LHF curve with a chord bearing N16d38’12" E, Then travel 161.93 feet at a bearing N55d19’17"E, Then travel 227.59 feet at a bearing S34d35’20"E,Then travel 300.07 feet at a bearing S45dW, Then travel 305.00 feet at a bearing S34d36’5"E,Then travel 165.44 feet at a bearing S45dW, Then travel 26.8 feet at a bearing N89d39’0"W, to the point of start, more generally described as being located west of the western terminus of Fairmont Boulevard and north of Tower Road.

Staff recommends that the Rezoning from Office Commercial District to General Commercial District be continued to the October 25, 2001 Planning Commission meeting.

24.     No. 01SV024 - Lamb Subdivision

A request by Dream Design International to consider an application for a Variance to the Subdivision Regulations to waive the requirement for curb, gutter, street light conduit, sidewalk, dry sewer and water on Reservoir Road and S.D. Highway 44 on Lot 1 of Lamb Subdivision, Section 15, T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being located at the southwest corner of the intersection of Reservoir Road and S.D. Highway 44.

Staff recommends that the Variance to the Subdivision Regulations be continued to the November 8, 2001 Planning Commission meeting.

25.     No. 01UR037 - Nicholl's Subdivision

A request by Anne Devlin to consider an application for a Use On Review for a Child Care Center on Lot 2 less W250', Nicholl's Subdivision, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1241 E. St. Joseph Street.

Staff recommends that the Use On Review for a Child Care Center be continued to the October 25, 2001 Planning Commission meeting.

26.     No. 01UR052 - Section 6, T1N, R8E

A request by Don Steveson for Kevin Galik to consider an application for a Use On Review to allow a communications tower in the General Commercial Zoning District on the N1/2 of Lot 4 and all of Lots 5 and 6 of Lot A of the SE1/4 SE1/4 of Section 6, T1N, R8E, BHM, and the east 44 feet of Lots 5, 6, 7 and 8 in Block 1 of Radio Towers Subdivision; together with that part of the alley vacated by a resolution recorded September 14, 1962, in Book 80 of misc. records on Page 442, which adjoins Lots 5, 6, 7 and 8 in Block 1, Radio Towers Subdivision all located in Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1711 Cambell Street.

Staff recommends that the Use On Review to allow a communications tower in the General Commercial Zoning District be approved with stipulations.

27.     No. 01UR042 - Section 23, T1N, R7E

A request by M & K Consulting for Western Wireless Corp. to consider an application for a Use on Review to allow Communication Tower in Public District on a parcel of land located in Tract "A" of Tract 1 of the W1/2SW1/4 of Section 23, T.1N., R.7E., B.H.M., Pennington County, South Dakota; (as set out in Plat Book 11, Page 207 of the Pennington County Register of Deeds); More particularly describes as: Commencing at the Northwest Corner of Tract "A", which bears N0Ί01’49"W a distance of 1516.46 feet from the Southwest Corner of Section 23, T.1N., R.7E., B.H.M., being the POINT OF BEGINNING; Thence S89Ί59’13"E along the north boundary of said Tract "A" a distance of 527.28 feet; Thence S07Ί18’58"W a distance of 460.40 feet to the proposed centerline of Tish Drive, Thence N82Ί32’54"W along said centerline a distance of 9.91 feet to the beginning of a curve concave to the Southwest having a radius of 150.00 feet and a central angle of 54Ί38’42"; Thence along said centerline and along said curve an arc distance of 143.06 feet; Thence along said centerline S42Ί48’28"W a distance of 483.98 feet to a point on the west section line of Section 23 and the west boundary of said Tract "A"; thence N0Ί01’49"W along said section line and along the west boundary of Tract "A" a distance of 857.37 feet to the point of beginning. Containing 6.90 Acres more or less, more generally described as being located north of Golden Eagle Drive and adjacent to old Marine Life.

Staff recommends that the Use On Review to allow a Communication Tower be approved with stipulations.

28.     No. 01PL098 - Sunset Heights Subdivision

A request by Doug Sperlich for Jeff Stone to consider an application for a Layout Plat on Lots 1, 2 and 3 of Block 1, Sunset Heights Subdivision, Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east of Broadmoor Drive.

Staff recommends that the Layout Plat be approved with stipulations.

29.     No. 01CA020 - Section 24, T1N, R7E

A request by Dream Design International, Inc. to consider an application for an Amendment to the South Robbinsdale Neighborhood Area Future Land Use Plan, an element of the Comprehensive Plan to change the future land use designation from Office Commercial with a Planned Commercial Development to General Commercial with a Planned Commercial Development on a parcel of land located in the NE1/4 of Section 24, T1N, R7E, BHM, being more particularly described as follows: Beginning at the east one-quarter corner of said Section 24, Thence N01Ί24’21"E, along the east line of said Section 24, 75.00 feet to a point lying on the northerly right-of-way line of Catron Boulevard; Thence N88Ί35’39"W along said northerly right of way line, 50.86 feet to the true point of beginning; Thence N88Ί35’39"W along said northerly right-of-way line, 350 feet; Thence departing said right of way N1Ί24’21"E 275 feet; Thence S88Ί35’39"E 346.06 feet to where said line intersects the westerly right of way of proposed Fifth Street; Thence S00Ί45’07"W 274.85 feet more or less to the point of beginning containing 2.20 acres more or less; from Medium Density Residential with a Planned Residential Development to General Commercial with a Planned Commercial Development on a parcel of land located in the NE1/4 of Section 24, T1N, R7E, BHM, being more particularly described as follows: Beginning at the east one-quarter corner of said Section 24, Thence N01Ί24’21"E, along the east line of said Section 24, 75.00 feet to a point lying on the northerly right-of-way line of Catron Boulevard; Thence N88Ί35’39"W along the northerly right of way of said Catron Boulevard 400.86 feet this being the point of beginning; Thence N88Ί35’39"W along said northerly right of way 919.13 feet; Thence departing said northerly right of way line N1Ί24’21"E 275 feet; Thence S88Ί35’39"E 919.13 feet; Thence S1Ί24’21"W 275 feet to the point of beginning containing 5.80 acres more or less; from Planned Residential Development with a maximum density of 6.7 dwelling units per acre to General Commercial with a Planned Commercial Development on a parcel of land located in the NE1/4 of Section 24, T1N, R7E, BHM, being more particularly described as follows: Beginning at the east one-quarter corner of said Section 24, Thence N01Ί24’21"E, along the east line of said Section 24, 75.00 feet to a point lying on the northerly right-of-way line of Catron Boulevard; Thence N88Ί35’39"W along the northerly right of way of said Catron Boulevard 1320 feet to where said right of way meets the north south 1/16 line of the SE1/4 of said Section 24 this being the true point of beginning; thence along the said right of way N88Ί35’39"W 439.87 feet; Thence departing the north right of way N01Ί24’21"E 1245 feet to a point lying on the east west 1/16 line; Thence S88Ί35’39"E along said 1/16 line 677.62 feet; Thence departing said 1/16 line S02Ί11’17"W 154.18 feet; Thence S82Ί36’49"E 303.17 feet; Thence S43Ί24’30"E 405.16 feet; Thence S49Ί37’01"E 52.92 feet to a point on a curve with a radius of 567 feet; thence along said curve to the right an arc length of 258.44 feet with a chord bearing of S30Ί36’54"E 256.21 feet Thence S1Ί24’21"W 244.35 feet; Thence N88Ί35’39"W 919.13 feet to a point on the north south 1/16 line; Thence S01Ί24’21"W 275 feet along said 1/16 line to the point of beginning containing 28.28 acres more or less; and, from Office Commercial with a Planned Commercial Development to General Commercial with a Planned Commercial Development on a parcel of land located in the NE1/4 of Section 24, T1N, R7E, BHM, being more particularly described as follows: Beginning at the east one-quarter corner of said Section 24, Thence N01Ί24’21"E, along the east line of said Section 24, 75.00 feet to a point lying on the northerly right-of-way line of Catron Boulevard; Thence N00Ί45’07"E 274.85 feet this being the true point of beginning; Thence N88Ί35’39"W 348.88 feet; Thence N1Ί24’21"E 244.35 feet to where it intersects a curve with a radius of 567 feet; thence along said curve to the left an arc length of 258.44 feet and a chord bearing of N30Ί36’54"W 256.21 feet; Thence N49Ί37’01"E 350.36 feet to where said line intersects the south westerly right of way of proposed Fifth Street a curve with a radius of 917 feet; Thence along said curve to the right an arc length of 438 feet with a chord bearing of S28Ί44’00"E 433.85 feet; Thence S00Ί45’07"W along said proposed Fifth Street right of way 319.88 feet to the point of beginning containing 5.03 acres more or less, more generally described as being located north of Catron Boulevard lying adjacent to the future right-of-way line of Fifth Street and Parkview Drive.

The Future Land Use Committee recommends that the Amendment to the Future Land Use Designation in the South Robbinsdale Neighborhood Area Future Land Plan be denied without prejudice to allow the applicant to submit a revised legal description to be advertised.

30.     No. 01PD042 - Section 24, T1N, R7E

A request by Dream Design International, Inc. to consider an application for a Planned Development Designation on a parcel of land located in the NE1/4 of Section 24, T1N, R7E, BHM, being more particularly described as follows: Beginning at the east one-quarter corner of said Section 24, Thence N01Ί24’21"E, along the east line of said Section 24, 75.00 feet to a point lying on the northerly right-of-way line of Catron Boulevard this being the true point of beginning; Thence N88Ί35’39"W along said northerly right of way line,1759.87 feet; Thence departing said northerly right of way line N01Ί24’21"E 1245 feet to a point lying on the 1/16 line; Thence S88Ί35’39"E, along said 1/16 line, 677.62 feet Thence departing said 1/16 line S02Ί11’17"W 154.18 feet; Thence S82Ί36’49"E 303.17 feet; Thence S43Ί24’43"E 155.36 feet; Thence N43Ί40’53"E 361.7 feet to where the line intersects the north easterly right of way of proposed Fifth Street; Thence along this said right of way on a curve to the right with a radius of 1017 feet and an arc length of 660.71 feet and a chord bearing of S40Ί04’31"E 649.15 feet to where said right of way meets the east section line of said Section 24; Thence S01Ί24’21"W 730.34 feet along said section line to the point of beginning containing 45.5 acres more or less, and a parcel of land located in the NE1/4 of Section 24, T1N, R7E, BHM, being more particularly described as follows: Beginning at the east one-quarter corner of said Section 24, Thence N01Ί24’21"E, along the east line of said Section 24, 730.34 feet to the true point of beginning; said point is lying on the easterly right-of-way line of future Fifth Street; said point is lying on a curve with a radius of 1017 feet; Thence along said curve to the left an arc length of 660.71 feet with a chord bearing of N40Ί04’31"W 649.15 feet to a point lying on the right of way of future Parkview Drive; Thence N45Ί40’53"E 626.68 feet along said right of way of future Parkview Drive to a point on the east line of said Section 24; Thence S01Ί24’21"W 945.13 feet along said section line to the point of beginning containing 4.07 acres more or less, more generally described as being located north of Catron Boulevard and adjacent to the future right-of-way line of Fifth Street and Parkview Drive.

Staff is recommending that the Planned Development Designation be denied without prejudice to allow the applicant to submit a revised legal description.

31.     No. 01RZ042 - Section 24, T1N, R7E

A request by Dream Design International, Inc. to consider an application for a Rezoning from General Agriculture District to General Commercial District on a parcel of land located in the NE1/4 of Section 24, T1N, R7E, BHM, being more particularly described as follows: Beginning at the east one-quarter corner of said Section 24, Thence N01Ί24’21"E, along the east line of said Section 24, 75.00 feet to a point lying on the northerly right-of-way line of Catron Boulevard this being the true point of beginning; Thence N88Ί35’39"W along said northerly right of way line,1759.87 feet; Thence departing said northerly right of way line N01Ί24’21"E 1245 feet to a point lying on the 1/16 line; Thence S88Ί35’39"E, along said 1/16 line, 677.62 feet Thence departing said 1/16 line S02Ί11’17"W 154.18 feet; Thence S82Ί36’49"E 303.17 feet; Thence S43Ί24’43"E 155.36 feet; Thence N43Ί40’53"E 361.7 feet to where the line intersects the north easterly right of way of proposed Fifth Street; Thence along this said right of way on a curve to the right with a radius of 1017 feet and an arc length of 660.71 feet and a chord bearing of S40Ί04’31"E 649.15 feet to where said right of way meets the east section line of said Section 24; Thence S01Ί24’21"W 730.34 feet along said section line to the point of beginning containing 45.5 acres more or less, and a parcel of land located in the NE1/4 of Section 24, T1N, R7E, BHM, being more particularly described as follows: Beginning at the east one-quarter corner of said Section 24, Thence N01Ί24’21"E, along the east line of said Section 24, 730.34 feet to the true point of beginning; said point is lying on the easterly right-of-way line of future Fifth Street; said point is lying on a curve with a radius of 1017 feet; Thence along said curve to the left an arc length of 660.71 feet with a chord bearing of N40Ί04’31"W 649.15 feet to a point lying on the right of way of future Parkview Drive; Thence N45Ί40’53"E 626.68 feet along said right of way of future Parkview Drive to a point on the east line of said Section 24; Thence S01Ί24’21"W 945.13 feet along said section line to the point of beginning containing 4.07 acres more or less, more generally described as being located north of Catron Boulevard and adjacent to the future right-of-way line of Fifth Street and Parkview Drive.

Staff is recommending that the rezoning request be denied without prejudice to allow the applicant to submit a revised legal description.

32.     No. 01UR051 - Section 9, T1N, R7E

A request by Don Steveson for Kevin Galik to consider an application for a Use On Review to allow a communications tower in the General Commercial Zoning District on Lots 4 and 5 of the subdivision of the south portion of Lot 3 in the SW1/4 of the NW1/4 of Section 9, T1N, R7E of the BHM, Rapid City, Pennington County, South Dakota as shown in Deed Book 95, Page 125, more generally described as being located at 4118 Jackson Boulevard.

Staff recommends that the Use On Review to allow a communications tower be continued to the October 25, 2001 Planning Commission meeting.

33.     No. 01UR053 - MDU Subdivision

A request by M & K Consulting for Western Wireless Corp. to consider an application for a Use On Review to allow a communication tower in the Light Industrial Zoning District on Lot 1, MDU Subdivision, Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 710 Steele Avenue.

Staff recommends that the Use On Review to allow a communication tower be approved with stipulations.

34.     Discussion Items

35.     Staff Items

36.     Planning Commission Items

A. Planning Commissioner appointment to Parks and Recreation Subcommittee

37.     Committee Reports

A. City Council Report (September 17, 2001)
The City Council concurred with the recommendations of the Planning Commission with the exception of the following items:

No. 00PL131 - A request by Dream Design International for a Final Plat on Tract B of Meadow View Subdivision formerly the unplatted portion of the NW1/4NW1/4NE1/4 of Section 26, T1N, R7E, B.H.M., Pennington County, South Dakota, located 1/2 mile east of the intersection of U.S. Highway 16 and U.S. Highway 16B.

On January 25, 2001 the Planning Commission recommended approval of the Final Plat with stipulations.

As of September 17, 2001 the stipulations of approval had not been met. City Council denied the Final Plat without prejudice.

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No. 01OA012 - A request by Kevin Galik for Tetragenics for an Ordinance amending Chapter 17.04 of the Rapid City Municipal Ordinance by adding new section 17.04.483 defining microcell cellular communications facilities; and amending Sections 17.16.020, 17.18.020, 17.34.020, 17.36.020, 17.46.020, 17.48.020 and 17.56.020 of Chapters 17.16, 17.18, 17.34, 17.36, 17.46, 17.48 and 17.56 of the Rapid City Municipal Code by adding microcellular cellular communication facilities meeting certain standards to the list of Uses Permitted and amending Sections 17.16.030, 17.18.030, 17.34.030, 17.36.040, 17.46.030, 17.48.030, and 17.56.030 of Chapters 17.16, 17.18, 17.34, 17.36, 17.46, 17.48 and 17.56 of the Rapid City Muncipal Code by adding microcellular cellular communication facilities not meeting certain standards to the list of Uses Permitted on Review.

Planning Commission approved the Ordinance Amendment with stipulations on August 23, 2001.

City Council approved the Ordinance Amendment with revised language on September 17, 2001.

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No. 01SE001 - A request by Bill Caldwell for a Special Exception to the Flood Area Construction Regulations to allow permanent structures in the floodway on Tract 5, Bradsky Subdivision No. 2, located in the NW1/4 SW1/4 Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1316 Cambell Street.

Planning Commission recommended that the Special Exception to the Flood Area Construction Regulations be denied on September 6, 2001.

On September 17, 2001 the City Council approved the Special Exception to the Flood Area Construction Regulations.

B. Sign Code Board of Appeals
C. Zoning Board of Adjustment
D. Parks and Recreation Subcommittee
E. Capital Improvements Subcommittee
F. Americans With Disabilities Act Compliance Committee
G. Drinking Water Protection Committee
H. Tax Increment Financing Committee
I. Off-Premise Sign Permit Committee
J. Infrastructure Development Partnership Fund Committee
K. Floodplain Boundary Policy Committee
L. Landscape Code Subcommittee
M. Others

ADDENDUM

33A. Reconsideration of: