AGENDA

City of Rapid City Planning Commission

December 4, 2008 7:00 A.M.

City Council Meeting Room

300 Sixth Street

Rapid City, SD  57701

 

SOME OF THE ITEMS ON THIS AGENDA ARE SUBJECT TO A PUBLIC HEARING OR CONSIDERATION BY THE RAPID CITY COUNCIL FOR FINAL ACTION. PLEASE CONTACT GROWTH MANAGEMENT STAFF FOR INFORMATION REGARDING THE DATE ANY PARTICULAR ITEM MAY BE CONSIDERED BY THE CITY COUNCIL.

 

Consent Calendar

The following items have been placed on the Consent Calendar for action to be taken on all items in accordance with staff’s recommendation by a single vote.  Any item may be removed from the Consent Calendar by any Planning Commissioner, staff member, or audience member, for separate consideration:

 

---CONSENT CALENDAR---

 

1.

Approval of the November 18, 2008 Special Planning Commission Meeting Minutes, the November 20, 2008 Planning Commission Meeting Minutes and the November 24, 2008 Continued Planning Commission Meeting Minutes.

 

2.

No. 08CA033 - Deadwood Avenue

A request by City of Rapid City to consider an application for a Summary of Adoption action on an Amendment to the Adopted Comprehensive Plan to revise the Major Street Plan by eliminating, adding and realigning arterial and collector streets in the Deadwood Avenue Neighborhood Area Future Land Use Plan on portions of Sections 8, 9, 10, 11, 12, 13, 17, 20, 24, 25, 26, 28, 29, 33, 34 and 35, T2N, R7E, BHM, Pennington County, South Dakota and all of Sections 14, 15, 16, 21, 22, 23 and 27, T2N, R7E, BHM, Pennington County, South Dakota, more generally described as being located north of Omaha Street/West Chicago Street, east of S.D. Highway 231, south of Pennington County Line, and west of Haines Avenue.

Staff recommends that the Planning Commission approve the summary and authorize publication in the Rapid City Journal.

 

3.

No. 08CA034 - Deadwood Avenue

A request by City of Rapid City to consider an application for a Summary of Adoption action on an Amendment to the Adopted Comprehensive Plan adopting the Deadwood Avenue Neighborhood Area Future Land Use Plan on portions of Sections 8, 9, 10, 11, 12, 13, 17, 20, 24, 25, 26, 28, 29, 33, 34 and 35, T2N, R7E, BHM, Pennington County, South Dakota and all of Sections 14, 15, 16, 21, 22, 23 and 27, T2N, R7E, BHM, Pennington County, South Dakota, more generally described as being located north of Omaha Street/West Chicago Street, east of S.D. Highway 231, south of Pennington County Line, and west of Haines Avenue.

Staff recommends that the Planning Commission approve the summary and authorize publication in the Rapid City Journal.

 

4.

No. 08CA037 - Section 24, T1N, R7E

A request by TSP, Inc. for Black Hills Corporation to consider an application for a Amendment to the Adopted Comprehensive Plan to change the Future Land Use Plan from Planned Residential Development with 6.7 dwelling units per acre to Office Commercial District with a Planned Commercial Development on the SW1/4 of the SW1/4, and that part of the NW1/4 of the SW1/4 lying south of Highway Right-of-way, less Lot H1, all located in Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located south of Catron Boulevard and east of Tartan Court.

Staff recommends that the Amendment to the Adopted Comprehensive Plan to change the Future Land Use Plan from Planned Residential Development with 6.7 dwelling units per acre to Office Commercial District with a Planned Commercial Development be continued to the December 18, 2008 Planning Commission meeting.

 

5.

No. 08RZ035 - Section 24, T1N, R7E

A request by TSP, Inc. for Black Hills Corporation to consider an application for a Rezoning from General Agriculture District to Office Commercial District on the SW1/4 of the SW1/4, and that part of the NW1/4 of the SW1/4 lying south of Highway Right-of-way, less Lot H1, all located in Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located south of Catron Boulevard and east of Tartan Court.

Staff recommends that the Rezoning from General Agriculture District to Office Commercial District be continued to the December 18, 2008 Planning Commission meeting.

 

*6.

No. 08PD054 - Section 24, T1N, R7E

A request by TSP, Inc. for Black Hills Corporation to consider an application for a Planned Commercial Development - Initial Development Plan on the SW1/4 of the SW1/4, and that part of the NW1/4 of the SW1/4  lying south of Highway Right-of-way, less Lot H1, all located in Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located south of Catron Boulevard and east of Tartan Court.

Staff recommends that the Planned Commercial Development - Initial Development Plan be continued to the December 18, 2008 Planning Commission meeting.

 

 

The Rapid City Planning Commission's action on this item is final unless any party appeals that decision to the Rapid City Council.  All appeals must be submitted in writing to the Growth Management Department by close of business on the seventh full calendar day following action by the Planning Commission.

 

7.

No. 08CA038 - Needles Subdivision

A request by Dream Design International, Inc. to consider an application for a Amendment to the Adopted Comprehensive Plan to change the Future Land Use designation from a Planned Residential Development with one dwelling unit per acre to General Commercial with a Planned Commercial Development on Tract AR2 of Needles Subdivision, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1700 Catron Boulevard.

The Future Land Use Committee recommends that the Amendment to the Adopted Comprehensive Plan to change the future land use designation from Planned Residential Development with one dwelling unit per acre to General Commercial with a Planned Commercial Development be approved with the revised legal description. (See Staff Report)

 

8.

No. 08RZ042 - Needles Subdivision

A request by Dream Design International, Inc. to consider an application for a Rezoning from Low Density Residential District to General Commercial District on Tract AR2 of Needles Subdivision, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1700 Catron Boulevard.

Based on the recommendations of the Future Land Use Committee on the related Comprehensive Plan Amendments, staff recommends that the Rezoning from Low Density Residential District to General Commercial District be approved in conjunction with the associated Amendment to the Adopted Comprehensive Plan with the revised legal description. (See Staff Report)

9.

No. 08CA039 - Meadow View Subdivision

A request by Dream Design International, Inc. to consider an application for a Amendment to the Adopted Comprehensive Plan to change the Future Land Use designation from Planned Residential Development with one dwelling unit per acre to General Commercial with a Planned Commercial Development on Tract A of Meadow View Subdivision, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located north of Catron Boulevard and east of U.S. Highway 16.

The Future Land Use Committee recommends that the Amendment to the Adopted Comprehensive Plan to change the future land use designation from Planned Residential Development with one dwelling unit per acre to General Commercial with a Planned Commercial Development be denied without prejudice.

 

10.

No. 08RZ043 - Meadow View Subdivision

A request by Dream Design International, Inc. to consider an application for a Rezoning from Low Density Residential District to General Commercial District on Tract A of Meadow View Subdivision, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located north of Catron Boulevard and east of U.S. Highway 16.

Based on the recommendations of the Future Land Use Committee on the related Comprehensive Plan Amendments, staff recommends that the Rezoning from Low Density Residential District to General Commercial District be denied without prejudice.

 

*11.

No. 08PD051 - Villaggio at Golden Eagle

A request by Sperlich Consulting, Inc. for Roy Burr to consider an application for a Planned Residential Development - Initial and Final Development Plan on a portion of the W½ of the NW¼ of the SE¼, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northwesterly corner of Lot 7 of Block 2 of The Villaggio at Golden Eagle, common to a point on the southerly boundary of Lot 1R of Tract B of Springbrook Acres, intersecting a 1/64 section line of said Section 22, and the Point of Beginning; Thence, first course: S00º04’39”E, along the westerly boundary of said Lot 7 of Block 2, common to a 1/64 section line of said Section 22, a distance of 112.55 feet, to an interior 1/64 section corner of Section 22, common to an angle point on the westerly boundary of said Lot 7 of Block 2; Thence, second course:  S00º08’13”E, along the westerly boundary of said Lot 7 of Block 2, common to a 1/64 section line of said Section 22, a distance of 19.96 feet, to the southwesterly corner of said Lot 7 of Block 2, common to the northwesterly corner of Lot 6 of Block 2 of The Villaggio at Golden Eagle; Thence, third course: S00º08’13”E, along the westerly boundary of said Lot 6 of Block 2, common to a 1/64 section line of said Section 22, a distance of 104.33 feet, to the southwesterly corner of said Lot 6 of Block 2, common to the northwesterly corner of Lot 5 of Block 2 of The Villaggio at Golden Eagle; Thence, fourth course:  S00º08’13”E, along the westerly boundary of said Lot 5 of Block 2, common to a 1/64 section line of said Section 22, a distance of 95.12 feet, to the southwesterly corner of said Lot 5 of Block 2, common to an angle point on the northerly boundary of Lot 4R of Block 2 of The Villaggio at Golden Eagle; Thence, fifth course:  S61º38’29”W, along the northwesterly boundary of said Lot 4R of Block 2, a distance of 200.00 feet, to the southwesterly corner of said Lot 4R of Block 2, common to the northwesterly corner of Lot 3R of Block 2 of The Villaggio at Golden Eagle; Thence, sixth course:  S26º45’22”E, along the westerly boundary of said Lot 3R of Block 2, a distance of 106.66 feet, to the southwesterly corner of said Lot 3R of Block 2, common to the northwesterly corner of Lot 2R of Block 2 of The Villaggio at Golden Eagle; Thence, seventh course:  S26º45’22”E, along the westerly boundary of said Lot 2R of Block 2, a distance of 34.44 feet to a point on the westerly boundary of said Lot 2R of Block 2; Thence, eighth course:  S89º51’47”W, a distance of 237.22 feet;  Thence, ninth course:  N00º08’13”W, a distance of 441.23 feet, to a point on a 1/64 section line of said Section 22; Thence, tenth course:  N50º09’55”E, a distance of 243.07 feet, to a point on the southerly boundary of Lot 1R of Tract B of Springbrook Acres; Thence, eleventh course:  S56º59’57”E, along the southerly boundary of said Lot 1R of Tract B of Springbrook Acres, a distance of 91.30 feet, to an angle point on the southerly boundary of said Lot 1R of Tract B of Springbrook Acres; Thence, twelfth course:  N85º50’49”E, along the southerly boundary of said Lot 1R of Tract B of Springbrook Acres, a distance of 87.08 feet, to the northwesterly corner of Lot 7 of Block 2 of The Villaggio at Golden Eagle, common to a point on the southerly boundary of said Lot 1R of Tract B of Springbrook Acres, intersecting a 1/64 section line of said Section 22, and the Point of Beginning, more generally described as being located north of Catron Boulevard and west of Golden Eagle Drive.

Staff recommends that the Planned Residential Development - Initial and Final Development Plan be denied without prejudice.

 

 

The Rapid City Planning Commission's action on this item is final unless any party appeals that decision to the Rapid City Council.  All appeals must be submitted in writing to the Growth Management Department by close of business on the seventh full calendar day following action by the Planning Commission.

 

12.

No. 08PL113 - Villaggio at Golden Eagle

A request by Sperlich Consulting, Inc. for Roy Burr to consider an application for a Preliminary Plat for proposed Lots 7 and 8 of Block 2 of the Villaggio at Golden Eagle, legally described as a portion of the W1/2 of the NW1/4 of the SE1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 5617 Villaggio Lane.

Staff recommends that the Preliminary Plat be approved with stipulations.

 

13.

No. 08RZ034 - Villaggio at Golden Eagle

A request by Sperlich Consulting, Inc. for Roy Burr to consider an application for a Rezoning from General Agriculture District to Low Density Residential District on a portion of the W½ of the NW¼ of the SE¼, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northwesterly corner of Lot 7 of Block 2 of The Villaggio at Golden Eagle, common to a point on the southerly boundary of Lot 1R of Tract B of Springbrook Acres, intersecting a 1/64 section line of said Section 22, and the Point of Beginning; Thence, first course: S00º04’39”E, along the westerly boundary of said Lot 7 of Block 2, common to a 1/64 section line of said Section 22, a distance of 112.55 feet, to an interior 1/64 section corner of Section 22, common to an angle point on the westerly boundary of said Lot 7 of Block 2; Thence, second course:  S00º08’13”E, along the westerly boundary of said Lot 7 of Block 2, common to a 1/64 section line of said Section 22, a distance of 19.96 feet, to the southwesterly corner of said Lot 7 of Block 2, common to the northwesterly corner of Lot 6 of Block 2 of The Villaggio at Golden Eagle; Thence, third course: S00º08’13”E, along the westerly boundary of said Lot 6 of Block 2, common to a 1/64 section line of said Section 22, a distance of 104.33 feet, to the southwesterly corner of said Lot 6 of Block 2, common to the northwesterly corner of Lot 5 of Block 2 of The Villaggio at Golden Eagle; Thence, fourth course:  S00º08’13”E, along the westerly boundary of said Lot 5 of Block 2, common to a 1/64 section line of said Section 22, a distance of 95.12 feet, to the southwesterly corner of said Lot 5 of Block 2, common to an angle point on the northerly boundary of Lot 4R of Block 2 of The Villaggio at Golden Eagle; Thence, fifth course:  S61º38’29”W, along the northwesterly boundary of said Lot 4R of Block 2, a distance of 200.00 feet, to the southwesterly corner of said Lot 4R of Block 2, common to the northwesterly corner of Lot 3R of Block 2 of The Villaggio at Golden Eagle; Thence, sixth course:  S26º45’22”E, along the westerly boundary of said Lot 3R of Block 2, a distance of 106.66 feet, to the southwesterly corner of said Lot 3R of Block 2, common to the northwesterly corner of Lot 2R of Block 2 of The Villaggio at Golden Eagle; Thence, seventh course:  S26º45’22”E, along the westerly boundary of said Lot 2R of Block 2, a distance of 34.44 feet to a point on the westerly boundary of said Lot 2R of Block 2; Thence, eighth course:  S89º51’47”W, a distance of 237.22 feet; Thence, ninth course:  N00º08’13”W, a distance of 441.23 feet, to a point on a 1/64 section line of said Section 22; Thence, tenth course:  N50º09’55”E, a distance of 243.07 feet, to a point on the southerly boundary of Lot 1R of Tract B of Springbrook Acres; Thence, eleventh course:  S56º59’57”E, along the southerly boundary of said Lot 1R of Tract B of Springbrook Acres, a distance of 91.30 feet, to an angle point on the southerly boundary of said Lot 1R of Tract B of Springbrook Acres; Thence, twelfth course:  N85º50’49”E, along the southerly boundary of said Lot 1R of Tract B of Springbrook Acres, a distance of 87.08 feet, to the northwesterly corner of Lot 7 of Block 2 of The Villaggio at Golden Eagle, common to a point on the southerly boundary of said Lot 1R of Tract B of Springbrook Acres, intersecting a 1/64 section line of said Section 22, and the Point of Beginning, more generally described as being located north of Catron Boulevard and west of Golden Eagle Drive.

Staff recommends that the Rezoning request from General Agriculture District to Low Density Residential District be approved with one stipulation.

 

14.

No. 08PL131 - Rushmore Business Park

A request by FourFront Design, Inc. for Rapid City Economic Development Foundation to consider an application for a Preliminary Plat for proposed Lot 1R and Lot 2 of Block 3 of Rushmore Business Park, legally described as Lot 1 of Block 3 and a portion of Government Lot 2, located in the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: Commencing at the N¼ Corner of Section 4, Township 1 North, Range 8 East of the Black Hills Meridian, Pennington County, South Dakota; Thence S00º06’56”W along the Center 1/4 line of said Section 4 a distance of 124.10 feet to a point on the South Right-of-Way of East Anamosa Street, Thence N89º56’23”E along said South Right-of-Way of East Anamosa Street a distance of 142.23 feet to a point along said Right-of-Way to the point of beginning: Thence N89º57’20”E along said South Right-of-Way of East Anamosa Street a distance of 285.56 feet to the intersection of the South Right-of-Way of East Anamosa Street and the West Right-of-Way of Concourse Drive; thence S00º11’20”W along the West Right-of-Way of Concourse Drive a distance of 129.00 feet; thence continuing along the West Right-of-Way of Concourse Drive along a curve to the LEFT, having a radius of 562.00 feet, a delta angle of 13º19’37” and whose long chord bears S06º43’28”E a distance of 135.30 feet; thence continuing along the West Right-of-Way of Concourse Drive S13º38’17”E a distance of 668.79 feet; thence S76º22’04”W a distance of 265.23 feet; thence N13º37’01”W a distance of 439.18 feet; thence S76º22’37”W a distance of 60.35 feet; thence N13º37’23”W a distance 302.02 feet; thence N77º53’25”E a distance of 57.99 feet; thence N05º25’18”W a distance of 258.44 feet to the point of beginning, more generally described as being located at 333 Concourse Drive.

Staff recommends that the Preliminary Plat be continued to the December 18, 2008 Planning Commission meeting.

 

15.

No. 08PL135 - Una Del Acres

A request by Dream Design International, Inc. for Robert Sundby to consider an application for a Preliminary Plat for proposed Lots A and B of Lot 4 of Una Del Acres, legally described as the N1/2 of Lot 4, less Lot H1, the N1/2 of the east 198 feet of Lot 13 of Una Del Acres, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 5755 Sheridan Lake Road.

Staff recommends that the Preliminary Plat application be approved with stipulations.

 

16.

No. 08PL137 - Trusty Subdivision

A request by Britton Engineering & Land Surveying for Linda Weins to consider an application for a Layout Plat for proposed Lots 1 thru 4 of Weins Subdivision, legally described as an unplatted parcel located in the E1/2 NW1/4 SW1/4 less Lot 1 of Trusty Subdivision and less County Road Right-of-way all located in Section 15, T1S, R7E, BHM, Pennington County, South Dakota, more generally described as being located 13924 Neck Yoke Road.

Staff recommends that the Layout Plat be continued to the December 18, 2008 Planning Commission meeting.

 

17.

No. 08PL143 - Rainbow Ridge Subdivision

A request by Sperlich Consulting, Inc. for Joe Muth at Doeck, LLC to consider an application for a Preliminary Plat for proposed Lot 1R-2 of Block 3 of Rainbow Ridge Subdivision, legally described as Lot 1R of Block 3 of Rainbow Ridge Subdivision, located in the SE1/4 NE1/4, and a portion of the NE1/4 NE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the northwest terminus of Bunker Drive.

Staff recommends that the Preliminary Plat be continued the December 18, 2008 Planning Commission meeting.

 

18.

No. 08RD007 - Biernbaum Subdivision

A request by City of Rapid City to consider an application for a Resolution renaming the unnamed right-of-way to Biernbaum Lane on Right-of-way lying adjacent to Lots A and B of Biernbaum Subdivision, located in the NW1/4 SW1/4, Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located southeast of the intersection of East Minnesota Street and S.D. South Highway 79.

Staff recommends that the portion of unnamed right-of-way in Biernbaum Subdivision be named Biernbaum Lane.

 

19.

No. 08RZ038 - Jackson Park Subdivision

A request by City of Rapid City to consider an application for a Rezoning from Park Forest District to Flood Hazard District on Lot 1B of Block 3 of Jackson Park Subdivision, Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located west of Chapel Lane and south of Jackson Boulevard.

Staff recommends that the Rezoning from Park Forest District to Flood Hazard District be approved.

 

20.

No. 08RZ039 - Jackson Park Subdivision

A request by City of Rapid City to consider an application for a Rezoning from Low Density Residential District to Flood Hazard District on Lots 5 thru 6 of Block 1 of Jackson Park Subdivision, Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 2917 Chapel Lane.

Staff recommends that the Rezoning from Low Density Residential District to Flood Hazard District be approved.

 

21.

No. 08RZ040 - I-90 Heartland Business Park

A request by City of Rapid City to consider an application for a Rezoning from No Use District to Light Industrial District on Lots 6 thru 8 of Block 2 of I-90 Heartland Business Park, a portion of Reardon Court, all less the south 33 feet, all located in Section 21, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located north of Seger Drive, west of Elk Vale Road and east of Dyess Avenue.

Staff recommends that the Rezoning from No Use District to Light Industrial District be approved.  

 

22.

No. 08RZ041 - Section 21, T2N, R8E

A request by City of Rapid City to consider an application for a Rezoning from No Use District to General Agriculture District on a portion of Section 21, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at section corner common to Sections 20, 21, 28, and 29 T2N, R8E, BHM, and the point of beginning. Thence, first course: N00º02’15”W, along the section line common to Sections 20 and 21, a distance of 2650.74 feet, to the Section ¼ Corner common to Sections 20 and 21; Thence second course: N00º00’41”W, along the section line common to Sections 20 and 21, a distance of 1325.18 feet, to the north Section 1/16 Corner common to Sections 20 and 21; Thence third course: N89º59’19”E, a distance of 33.10 feet, to the southwesterly corner of Lot 3 of Beaird Subdivision; Thence forth course: S89º56’52”E, along the southerly boundary of said Lot 3 of Beaird Subdivision, a distance of 564.86 feet, to the southeasterly corner of said Lot 3 of Beaird Subdivision, common to a southerly corner of Lot 2R of Beaird Subdivision; Thence fifth course: S89º56’31”E, along the southerly boundary of said Lot 2R of Beaird Subdivision, a distance of 727.10 feet, to the southeasterly corner of said Lot 2R of Beaird Subdivision; Thence, sixth course: S74º37’29”E, a distance of 1202.78 feet; Thence, seventh course: S31º45’55”E, a distance of 1350.20 feet; Thence, eighth course: S70º52’51”E, a distance of 905.89 feet; Thence, ninth course: S20º31’58”E, a distance of 434.44 feet; Thence tenth course: N89º55’51”E, a distance of 1099.64 feet, to a point on the section line common to Sections 21, and 22; Thence eleventh course: S00º04’09”E, along the section line common to Sections 21 and 22, a distance of 418.04 feet; Thence, twelfth course: S89º55’51”W, a distance of 450.00 feet; Thence, thirteenth course: S00º07’41”E, a distance of 64.98 feet, to a point on the section 1/16 line; Thence, fourteenth course: N89º57’24”W, along the section 1/16 line a distance of 212.93 feet, to the section 1/64 line; Thence, fifteenth course: S00º03’47”E, along the section 1/64 line, a distance of 1324.19 feet, to a point on the section line common to Sections 21 and 28, common to a point on the northerly boundary of Lot 2, Block 2 of I-90 Heartland Business Park; Thence, sixteenth course: N89º58’46”W, along the section line common to Sections 21 and 28, common to the northerly boundary of said Lot 2, Block 2, a distance of 63.55 feet, to the southeasterly corner of Lot 6, Block 2 of I-90 Heartland Business Park; Thence, seventeenth course: N55º40’20”W, along the northeasterly boundary of said Lot 6,a distance of 878.48 feet, to a corner on the northerly boundary of said Lot 6; Thence, eighteenth course: N72º39’36”W, along the northerly boundary of said Lot 6, a distance of 162.98 feet, to a corner on the northerly boundary of said Lot 6; Thence nineteenth course: N89º58’06”W, along the northerly boundary of said Lot 6, a distance of 148.07 feet, to the northwesterly corner of said Lot 6, common to the northeasterly corner of Lot 7, Block 2 of I-90 Business Park; Thence twentieth course: N89º58’06”W, along the northerly boundary of said Lot 7, a distance of 221.93 feet, to the northwesterly corner of said Lot 7; Thence twenty-first course: S26º44’43”W, along the westerly boundary of said Lot 7, a distance of 333.04 feet, to the southwesterly corner of said Lot 7, common to the northwesterly corner of Lot 8, Block 2 of I-90 Heartland Business Park; Thence twenty-second course: S26º44’43”W, along the westerly boundary of said Lot 8, a distance of 275.39 feet, to the southwesterly corner of said Lot 8, common to the northwesterly corner of Lot 1, Block 7 of I-90 Heartland Business Park, common to the northeasterly corner of Lot 2, Block 7 of I-90 Heartland Business Park, common to a point on the section line common to Sections 21 and 28; Thence twenty-third course: N89º58’00”W, along the northerly boundary of said Lot 2, Block 7, common to the section line common to Sections 21 and 28, a distance of 400.61 feet, to the northwesterly corner of said Lot 2, Block 7, common to the Section ¼ Corner common to Sections 21 and 28; Thence twenty-fourth course: N89º58’52”W, along the section line common to Sections 21 and 28, a distance of 2651.70 feet, to the section corner common to Sections 20, 21, 28, and 29 T2N, R8E, BHM, and the point of beginning; and a portion of the NE¼ SE¼, Section 21, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the Section Corner common to Sections 21, 22, 27 and 28,T2N, R8E, BHM, thence, N00º04’09”W, a distance of 1324.14 feet to the South 1/16 Corner common to Sections 21 and 22 and the point of beginning; Thence, first course: 89º57’24”W, a distance of 449.93 feet; Thence, second course: N00º07’41”W, a distance of 64.98 feet; Thence, third course: N89º55’51”E, a distance of 450.00 feet, to a point on the section line common to Sections 21 and 22; Thence fourth course: S00º04’09”E, along the section line common to Sections 21 and 22, a distance of 65.89 feet, to the south 1/16 corner common to Sections 21 and 22 and the point of beginning, more generally described as being located north of U.S. I-90, west of Elk Vale Road and east of Dyess Avenue.

Staff recommends that the Rezoning from No Use District to General Agriculture District be approved.  

 

23.

No. 08RZ047 - I-90 Heartland Business Park

A request by FMG, Inc. for Bypass, LLC to consider an application for a Rezoning from General Agriculture District to Light Industrial District on that portion of the south 33 feet of the SE1/4 that falls within Lot 6 and Lot 8 of Block 2 of I-90 Heartland Business Park and within Rearden Court right-of-way, all located in Section 21, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 2620 and 2621 Reardon Court.

Staff recommends that the Rezoning from General Agriculture District to Light Industrial District be approved.

 

24.

No. 08SR044 - Sections 15 and 22, T1N, R8E

A request by CETEC Engineering Services, Inc. for OS Development, Inc. to consider an application for a SDCL 11-6-19 Review to construct a water main on the E1/2 SE1/4, Section 15 and the NE1/4 NE1/4, Section 22, T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being located adjacent to Reservoir Road and south of the intersection of Reservoir Road and East Highway 44 approximately 2.1 miles.

Staff recommends that the SDCL 11-6-19 Review to allow the construction of a water main be approved if information is submitted prior to Planning Commission approval.

 

25.

No. 08SR065 - North Haines Subdivision

A request by Buell Consulting, Inc. for Cellular Inc. Network Corporation d/b/a Verizon Wireless to consider an application for a SDCL 11-6-19 Review to allow the construction of a telecommunication tower on Lot 1 of North Haines Subdivision, Section 18, T2N, R8E, BHM, Pennington County, South Dakota, more generally described as being located at 1290 Country Road.

Staff recommends that the Planning Commission acknowledge the applicants withdrawal of the SDCL 11-6-19 Review to allow the construction of a telecommunications tower.

 

26.

No. 08SR071 - Rapid City Greenway Tract

A request by Mark Olson for Black Hills Farmers Market to consider an application for a SDCL 11-6-19 Review to allow a farmers market in a public place from 2009 through 2011 on Tract 17 less Lot H1 (also in Section 34, T2N, R7E) of the Rapid City Greenway Tract, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1520 West Omaha Street.

Staff recommends that the SDCL 11-6-19 Review to allow a farmers market in a public place from 2009 through 2011 be continued to the January 22, 2009 Planning Commission meeting.

 

27.

No. 08SR074 - Section 32, T2N, R7E

A request by City of Rapid City to consider an application for a SDCL 11-6-19 Review to allow a structure in a public park on City Springs in the unplatted portion of the S1/2 of the NE1/4 and the NE1/4 of the SE1/4, Section 32, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 514 City Springs Road.

Staff recommends that the SDCL 11-6-19 Review to allow a structure in a public park be continued to the December 18, 2008 Planning Commission meeting.

 

28.

No. 08SR078 - Rapid City Airport Subdivision No. 6

A request by Hengel Associates, P.C. for Dale Aviation, Inc. to consider an application for a SDCL 11-6-19 Review to allow structures on public property on located in the unplatted portion of Rapid City Airport Subdivision No. 6, Section 17, T1N, R9E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 3900 Airport Road.

Staff recommends that the SDCL 11-6-19 Review to allow structures on public property be continued to the December 18, 2008 Planning Commission meeting.

 

29.

No. 08SR084 - Rapid City Greenway Tracts

A request by Kathy Cook for Bethesda Broadcasting to consider an application for a SDCL 11-6-19 Review to allow temporary structures on public property on Tract 20 less Lot H1, Rapid City Greenway Tracts, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located North of Omaha Street between North Mount Rushmore Road and Fifth Street.

Staff recommends that the SDCL 11-6-19 Review to allow temporary structures on public property be continued to the January 22, 2009 Planning Commission meeting to allow the applicant to submit additional information.

 

30.

No. 08SR093 - Section 16, T1N, R8E

A request by Dream Design International, Inc. to consider an application for a SDCL 11-6-19 Review to upgrade the Jolly Lane Lift Station on Tract 2 of the E1/2, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east of Jolly Lane.

Staff recommends that the SDCL 11-6-19 Review to upgrade the Jolly Lane Lift Station be continued to the December 18, 2008 Planning Commission meeting.

 

31.

No. 08SV047 - Rushmore Business Park

A request by FourFront Design, Inc. for Rapid City Economic Development Foundation to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along East Anamosa Street and to waive the requirement to install sidewalk on Concourse Drive as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lot 1R and Lot2 of Block 3 of Rushmore Business Park, legally described as Lot 1 of Block 3 and a portion of Government Lot 2, located in the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: Commencing at the N¼ Corner of Section 4, Township 1 North, Range 8 East of the Black Hills Meridian, Pennington County, South Dakota; Thence S00º06’56”W along the Center 1/4 line of said Section 4 a distance of 124.10 feet to a point on the South Right-of-Way of East Anamosa Street, Thence N89º56’23”E along said South Right-of-Way of East Anamosa Street a distance of 142.23 feet to a point along said Right-of-Way to the point of beginning: Thence N89º57’20”E along said South Right-of-Way of East Anamosa Street a distance of 285.56 feet to the intersection of the South Right-of-Way of East Anamosa Street and the West Right-of-Way of Concourse Drive; thence S00º11’20”W along the West Right-of-Way of Concourse Drive a distance of 129.00 feet; thence continuing along the West Right-of-Way of Concourse Drive along a curve to the LEFT, having a radius of 562.00 feet, a delta angle of 13º19’37” and whose long chord bears S06º43’28”E a distance of 135.30 feet; thence continuing along the West Right-of-Way of Concourse Drive S13º38’17”E a distance of 668.79 feet; thence S76º22’04”W a distance of 265.23 feet; thence N13º37’01”W a distance of 439.18 feet; thence S76º22’37”W a distance of 60.35 feet; thence N13º37’23”W a distance 302.02 feet; thence N77º53’25”E a distance of 57.99 feet; thence N05º25’18”W a distance of 258.44 feet to the point of beginning, more generally described as being located at 333 Concourse Drive.

Staff recommends that the Variance to the Subdivision Regulations to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along East Anamosa Street and to waive the requirement to install sidewalk on Concourse Drive as per Chapter 16.16 of the Rapid City Municipal Code be continued to the December 18, 2008 Planning Commission meeting to be heard in conjunction with the associated Preliminary Plat application.

 

32.

No. 08SV051 - Boulevard Addition

A request by Renner & Associates for Doug Noyes to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install sidewalk along Clark Street, to waive the requirement to construct sewer, water, street light conduit, sidewalk, asphalt and curb and gutter along Fairview Street as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lots 1 and 2 of resubdivision of Lot 13 of Block 31 of Boulevard Addition and vacated portion of Fairview Street, legally described as Lot 13 of Block 31 of Boulevard Addition, being all of Block 31 west of the north/south Alley and a portion of Fairview Street, located in the SW1/4, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the northeast corner of the intersection of Clark Street and Forest Hills Drive/Fairview Street.

Staff recommends that the Variance to the Subdivision Regulations to waive the requirement to install sidewalk along Clark Street, to waive the requirement to construct sewer, water, street light conduit, sidewalk, asphalt and curb and gutter along Fairview Street as per Chapter 16.16 of the Rapid City Municipal Code be continued to the December 18, 2008 Planning Commission meeting.

 

33.

No. 08SV056 - Burger King Tract and Day's Inn Tract

A request by Fisk Land Surveying & Consulting Engineers for Thomas P. Walsh Sr. Family Ltd. Partnership to consider an application for a Variance to the Subdivision Regulations to reduce the minimum access easement width from 59 feet to 24 feet; to reduce the paved surface requirement from 26 feet to 24 feet; and to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along the access easements as per Chapter 16.16 of the Rapid City Municipal Code for proposed Burger King Tract and Day's Inn Tract of Trijowinn Subdivision, legally described as Lot 2 of the Trijowinn Subdivision, located in the NW1/4, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 725, 719 and 711 Jackson Boulevard.

Staff recommends that the Variance to the Subdivision Regulations to reduce the minimum access easement width from 59 feet to 24 feet; to reduce the paved surface requirement from 26 feet to 24 feet; and to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along the access easements as per Chapter 16.16 of the Rapid City Municipal Code be approved with stipulations.

 

34.

No. 08VE005 - Limestone Subdivision

A request by Renner & Assoc. for Pete Lien & Sons to consider an application for a Vacation of Access Easement on 50 foot wide Access Easement, located in the SE1/4 NE1/4, Section 20, T2N, R7E, BHM, Pennington County, South Dakota, more generally described as being located southwest of the intersection of Zenker Place and Sturgis Road.

Staff recommends that the Vacation of Access Easement be continued to the December 18, 2008 Planning Commission meeting.

 

---END OF CONSENT CALENDAR---

 

---BEGINNING OF REGULAR AGENDA ITEMS---

 

 

*35.

No. 08PD053 - Stoney Creek South Subdivision

A request by ARC International, Inc. for Chad Carpenter to consider an application for a Planned Commercial Development - Initial and Final Development Plan on Lots 1, 2 and 3 of Block 3 of Stoney Creek South Subdivision, Section 22, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 5610 Bendt Drive.

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

 

 

The Rapid City Planning Commission's action on this item is final unless any party appeals that decision to the Rapid City Council.  All appeals must be submitted in writing to the Growth Management Department by close of business on the seventh full calendar day following action by the Planning Commission.

 

*36.

No. 08PD058 - Trijowinn Subdivision

A request by Fisk Land Surveying & Consulting Engineers for Thomas P. Walsh Sr. Family Ltd. Partnership to consider an application for a Planned Commercial Development - Initial and Final Development Plan on a portion of Lot 2 of Trijowinn Subdivision, located in the NW¼, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota as shown on the plat filed in the office of the Pennington County Register of Deeds on February 7, 1997 and recorded in Book 27 of Plats on Page 183, and more fully described as follows: Beginning at the southeast corner of said Lot 2 of Trijowinn Subdivision, said corner being marked by a 5/8” rebar; thence, northwesterly along the southwesterly line of said Lot 2 of Trijowinn Subdivision, N43º50’26”W, a distance of 290.70 feet more or less to a point marked by a rebar with survey cap “LS 1019”; thence, continuing northwesterly along the southwesterly line of said Lot 2 of Trijowinn Subdivision, N44º03’21”W, a distance of 38.59 feet more or less, to the southwest corner of said Lot 2,  said corner being marked by a mag nail in asphalt; thence, northeasterly along the westerly line of said Lot 2 of Trojowinn Subdivision, N46º07’16”E, a distance of 174.11 feet more or less to a point marked by an “x” in concrete; thence, S60º37’55”E, a distance of 25.24 feet more or less, to a point marked by a mag nail in asphalt; thence, S43º30’00”E, a distance of 145.00 feet more or less, to a point marked by a mag nail in asphalt; thence, S66º00’00”E, a distance of 65.00 feet more or less, to a point marked by a mag nail in asphalt; thence, N23º54’33”E, a distance of 30.00 feet more or less, to a point marked by a rebar with survey cap “RW Fisk 6565”; thence, S66º00’00”E, a distance of 15.00 feet more or less to a point on the easterly line of said Lot 2 (Two) of Trijowinn Subdivision, said point being marked by a rebar with survey cap “RW Fisk 6565”; thence, southwesterly along the easterly line of said Lot 2 of Trijowinn Subdivision, S23º54’33”W, a distance of 257.51 feet more or less to the point of beginning, more generally described as being located at 725, 719 and 711 Jackson Boulevard.

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

 

 

The Rapid City Planning Commission's action on this item is final unless any party appeals that decision to the Rapid City Council.  All appeals must be submitted in writing to the Growth Management Department by close of business on the seventh full calendar day following action by the Planning Commission.

 

*37.

No. 08PD060 - North 80 Subdivision

A request by Geiger Architecture for First Evangelical Free Church to consider an application for a Planned Residential Development - Final Development Plan on Lot 2 of North 80 Subdivision, Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the southeast corner of the intersection of Parkview Drive.

Staff recommends that the Planned Residential Development - Final Development Plan be approved with stipulations.

 

 

The Rapid City Planning Commission's action on this item is final unless any party appeals that decision to the Rapid City Council.  All appeals must be submitted in writing to the Growth Management Department by close of business on the seventh full calendar day following action by the Planning Commission.

 

38.

No. 08RZ027 - South Hill Subdivision

A request by Kent and Karin Hagg to consider an application for a Rezoning from Low Density Residential District to General Agriculture District on of Open Space and Open Space with Major Drainage and Utility Easement, Block 3, South Hill Subdivision, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east of Catron Boulevard and north, west and south of Wellington Drive.

The FutureLand Use Committee recommends that the Rezoning from Low Density Residential District to General Agriculture District be denied without prejudice.  

 

39.

No. 08SR042 - Schnasse Addition

A request by Faulk & Foster for WWC License LLC, d/b/a Alltel to consider an application for a SDCL 11-6-19 Review to allow the construction of a cellular tower on Lots 1 thru 5 and Lots 19 and 20 in Block 15 of Schnasse Addition, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 115 East North Street.

Staff will recommend that the SDCL 11-6-19 Review to allow the construction of a cellular tower be denied without prejudice.

 

40.

No. 08SR063 - McMahon Industrial Park No. 2

A request by Quinn Kayser-Cochran for SWS, LLC to consider an application for a SDCL 11-6-19 Review to allow the expansion of an existing cellular communication tower on Lot 2 of Block 9 of McMahon Industrial Park No. 2, Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 3060 Haines Avenue.

Staff recommends that the SDCL 11-6-19 Review to allow a telecommunication tower be continued to the December 18, 2008 Planning Commission meeting.

 

41.

No. 08SR083 - McMahon Industrial Park No. 2

A request by Buell Consulting, Inc. for Cellular Inc. Network Corporation d/b/a Verizon Wireless to consider an application for a SDCL 11-6-19 Review to allow a telecommunications tower on Lot 1 of Block 10 of McMahon Industrial Park No. 2, located in the SW1/4 SE1/4, Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 2870 Haines Avenue.

Staff recommends that the SDCL 11-6-19 Review to allow a telecommunications tower be denied.

 

42.

No. 08SR076 - Sections 16 and 21, T1N, R8E

A request by Dream Design International, Inc. to consider an application for a SDCL 11-6-19 Review to allow the acquisition of right-of-way and construction of Minnesota Street on right-of-way located in the NW1/4 of the SW1/4 and in the S1/2 of the S1/2, Section 16, T1N, R8E, also in the NE1/4 of the NW1/4 and in the N1/2 of the NE1/4 of Section 21, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east of Elk Vale Road and south of the Existing Plum Creek Development.

Staff will recommend that the SDCL 11-6-19 Review to allow the construction of Minnesota Streetbe approved if additional information is submitted prior to Planning Commission approval.

 

43.

Discussion Items

 

A.

City’s legal position regarding Cellular Communication Towers.

 

44.

Staff Items

 

 

 

45.

Planning Commission Items

 

 

 

46.

Committee Reports

 

A.

City Council Report (November 17, 2008)

The City Council concurred with the recommendations of the Planning Commission with the exception of the following items:     

 

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 Committee

 

M.

Smart Growth Committee

 

N.

Others

 

ADA Compliance:  The City of Rapid City fully subscribes to the provisions of the Americans with Disabilities Act. If you desire to attend this public meeting and are in need of special accommodations, please notify the Rapid City Growth Management Department so that appropriate auxiliary aids and services are available.