AGENDA

City of Rapid City Planning Commission

July 23, 2009 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 July 9, 2009 Planning Commission Meeting Minutes.

 

2.

09TP021 – 2010 – 2014 Rapid City Area Transportation Improvement Program – Draft Report.

Staff recommends approval of the 2010-2014 Rapid City Area Transportation Improvement Program – Draft Report.

 

3.

No. 08OA003 - Ordinance Amendment

A request by City of Rapid City to consider an application for an Ordinance Amendment to amend Section 17.50.335 "Sight Triangles" of the Rapid City Muncipal Code.

Staff recommends that the Ordinance Amendment to amend Section 16.50.335 “Sight Triangles “ of the Rapid City Muncipal Code be continued to the November 19, 2009 Planning Commission meeting.

 

4.

No. 08PL099 - Homestead Plaza Subdivision

A request by Dream Design International, Inc. to consider an application for a Preliminary Plat for proposed Lots 1 thru 28 of Block 3; Tracts A, B, C and D of Block 4 of Homestead Plaza Subdivision, legally described as a portion of Tract A of F&N Subdivision, the balance of the E1/2 SW1/4 NW1/4, the balance of the SE1/4 NW1/4, located in the S1/2 NW1/4 and the N1/2 SW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east of Timmons Boulevard, south of Neel Street and west of Big Sky Drive.

Staff recommends that the Preliminary Plat be continued to the August 27, 2009 Planning Commission meeting.

 

5.

No. 08PL124 - Morningstar Subdivision

A request by CETEC Engineering Services, Inc. for OS Development, Inc. to consider an application for a Preliminary Plat for proposed Lot 1 of Block 1,  Lot 1 of Block 2, Lots 1 thru 40 of Block 3, Lots 1 thru 7 of Block 4, Lots 1 thru 10 of Block 5, Lots 1 thru 6 of Block 6, Lots 1 thru 12 of Block 7,  Lots 1 thru 8 of Block 8, Lots 1 thru 10 of Block 9, Tracts A and B and the dedicated public Right-of-way, legally described as a tract of land located in the SW¼ NE¼, SE¼ NE¼, SE¼ of Section 22 and the NE¼ NE¼, of Section 27, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota. Being more particularly described as follows: Commencing at the East ¼ Corner of said Section 22, said point being monumented with a nail in the surface of the asphalt of Reservoir Rd and having two reference monuments consisting of a brass cap and iron pipe, one bears N40º53’23”W 46.84 feet, the second bears S42º28’55”W 47.86 feet; Thence S11º01’40”W 211.80 feet the True Point of Beginning, said point is on the westerly Right-of-Way line of said Reservoir Rd; Thence N88º20’56”W 42.22 feet to the beginning of a curve concave to the northeast having a radius of  454.00 feet; Thence along said curve a distance of 240.79 feet to the beginning point of a reverse curve having a radius of 666.00 feet; Thence along said curve a distance of 763.21 feet to a point; Thence N42º15’21”W 103.29 feet to the beginning of a curve concave to the northeast having a radius of 740.00 feet; Thence along said curve a distance of 109.90 feet to a point; Thence N04º01’19”W 212.28 feet to a point; Thence S55º45’42”W 75.36 feet to a point; Thence N86º53’21”W 134.46 feet to a point; Thence S10º21’24”E 98.19 feet to a point; Thence S35º06’10”W 63.00 feet to a point; Thence S46º21’05”E 109.89 feet to a the beginning of a non-tangent curve concave to the southwest having a radius of 936.00 feet and a chord bearing of S45º14’35”E; Thence along said curve a distance of 97.60 feet to a point; Thence S42º15’21”E 82.00 feet to a point; Thence S47º44’39”W 267.00 feet to a point; Thence S42º15’21”E 318.00 feet to the beginning of a curve concave to the southwest having a radius of 669.00 feet; Thence along said curve a distance of 415.25 feet to a point; Thence S04º27’54”E 52.00 feet to the beginning of a non-tangent curve concave to the west having a radius of 669.00 feet and a chord bearing of S00º04’26”E ; Thence along said curve a distance of 50.53 feet to a point; Thence S02º05’22”W 618.45 feet to a point; Thence N87º54’38”W 157.00 feet to a point; Thence S02º05’22”W 82.00 feet to a point; Thence S47º05’22”W 14.14 feet to a point; Thence N87º54’38”W 95.00 feet to a point; Thence S02º05’22”W 89.55 feet to the beginning of a curve concave to the northwest having a radius of 407.00 feet; Thence along said curve a distance of 283.67 feet to a point; Thence S42º01’34”W 129.91 feet to a point; Thence S47º44’39”W 76.00 feet to a point; Thence S42º15’21”E 25.35 feet to the beginning of a curve concave to the northeast having a radius of 1238.00 feet; Thence along said curve a distance of 692.63’ to a point; Thence S32º05’22”W 61.42 feet to the beginning of a curve concave to the northwest having a radius of 2060.00 feet; Thence along said curve a distance of 464.18 feet to a point; Thence S45º00’00”W 183.94 feet to a point; Thence S45º00’00”E 172.00 feet to a point; Thence N45º00’00”E 86.99 feet to a point; Thence S90º00’00”E 14.14 feet to a point; Thence S45º00’00”E 100.00 feet to a point; Thence N45º00’00”E 478.38 feet to a point; Thence S64º12’57”E 223.55 feet to the beginning of a non-tangent curve concave to the southwest having a radius of 254.00 feet and a chord bearing of S28º27’35”E; Thence along said curve a distance of 263.73 feet to a point; Thence S88º42’49”E 120.00 feet to the beginning of a non-tangent curve concave to the west having a radius of 374.00 feet and a chord bearing of S01º38’45”W; Thence along said curve a distance of 4.69 feet to a point; Thence S02º00’19”W 29.40 feet to a point; Thence S87º59’41”E 199.00 feet to a point along the westerly Right-of-Way line of said Reservoir Road; Thence N02º00’19”E 678.41 feet along said Right-of-Way where it intersects the South line of the Southeast quarter of said Section 22, from which the Southeast corner of said section 22 bears S88º27’49”E 33.00 feet, said point being monumented with an iron rod below the surface of the asphalt; Thence N02º03’51”E 38.00 along the Right-of-Way of said Reservoir Rd to a point; Thence N88º27’48”W 515.70 feet to the beginning of a curve concave to the northeast having a radius of 1162.00 feet; Thence along said curve a distance of 264.57 feet to a point; Thence N32º05’22”E 194.31 feet to the beginning of a curve concave to the northwest having a radius of 1066.00 feet; Thence along said curve a distance of 465.06 feet to a point; Thence S87º56’54”E 23.94 feet to the southwest corner of Tract 1 of the Bradeen Subdivision, said point being monumented with an iron rod and cap stamped “Cetec Eng LS 4725”; Thence N02º05’22”E 986.42 feet along the west line of said Tract 1 to the beginning of a non-tangent curve concave to the southwest having a radius of 1014.96 feet and a chord bearing N22º20’38”W said point is also the northwest corner of said Tract 1 and being monumented with an iron rod and cap stamped “Cetec Eng LS 4725”; Thence along said curve a distance of 695.42 feet to a point; Thence N42º03’11”W 203.20 feet to a point; Thence N41º26’28”W 12.09 feet to the beginning of a non-tangent curve concave to the south having a radius of 613.96 feet and a chord bearing of S89º59’42”E; Thence along said curve a distance of 686.58 feet to the beginning point of a reverse curve having a radius of 506.00 feet; Thence along said curve a distance of 268.36 feet to a point; Thence S88º20’56”E 41.85 feet to a point on the westerly Right-of-Way line of said Section 22; Thence N02º03’51”E 52.00 feet along said Right-of-Way line to the True Point of Beginning, Section 27, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located west of Reservoir Road and south of the intersection of S.D. Highway 44 and Reservoir Road.

Staff recommends that the Preliminary Plat be continued to the September 24, 2009 Planning Commission meeting at the applicant’s request.

 

6.

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 August 6, 2009 Planning Commission meeting.

 

7.

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 Lot 2 of Block 3 of Rushmore Business Park, located in the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, 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 August 6, 2009 Planning Commission meeting to be heard in conjunction with the associated Preliminary Plat application.

 

8.

No. 09CA015 - Section 35, T2N, R7E

A request by City of Rapid City to consider an application for an Amendment to the Adopted Comprehensive Plan to revise the Major Street Plan by eliminating, adding and realigning collector streets on the E1/2 of the NE1/4 NE1/4, SE1/4 of the NE1/4 and the north 330 feet of the NE1/4 SE1/4, all located in Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located west of I-190 and north of Omaha Street (S.D. Highway 44).

Staff recommends that the Planning Commission approve the Comprehensive Plan Amendment to the Major Street Plan by eliminating, adding, and realigning collector streets.

9.

No. 09OA005 - Ordinance Amendment

A request by City of Rapid City to consider an application for an Ordinance Amendment to allow Wind Energy Conversion Systems and Microcell Wireless Antennas on poles as Conditional Uses in the Heavy Industrial Zoning District by Amending Section 17.24.030 of the Rapid City Municipal Code.

Staff recommends that the Ordinance Amendment to allow Wind Energy Conversion Systems and Microcell Wireless Antennas on poles as Conditional Uses in the Heavy Industrial Zoning District by Amending Section 17.24.030 of the Rapid City Municipal Code be approved.

 

*10.

No. 09PD016 - Vista Lake Subdivision

A request by Site Dynamics, Inc. for SWS, LLC to consider an application for a Major Amendment to a Planned Residential Development to allow additional cellular facilities in the Office Commercial zoning district for Lot 1, Vista Lake Subdivision #2, Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 4616 Jackson Boulevard.

Staff recommends that the Major Amendment to a Planned Residential Development to allow additional cellular facilities in the Office Commercial zoning district be continued to the August 6, 2009 Planning Commission meeting at the applicant’s request.

 

 

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.

 

*11.

No. 09PD026 - Section 4, T1N, R7E

A request by CETEC Engineering Services, Inc. for Canyon Lake Methodist Church to consider an application for a Planned Residential Development - Initial and Final Development Plan for Block 1 less Lot 1 and Lot 1 of Block 1 of the NW1/4 SE1/4 of Section 4, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 3500 Canyon Lake Drive.

Staff recommends that the Planned Residential 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.

 

12.

No. 09PL014 - Discovery Subdivision

A request by Dream Design International, Inc. to consider an application for a Preliminary Plat for proposed Lots 1, 2 and 3 of Tract 3 of Discovery Subdivision, legally described as Tract 3 of Discovery Subdivision located in the NE1/4 of the SE1/4 and in the SE1/4 of the NE1/4 of Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1851 Discovery Circle.

Staff recommends that the Preliminary Plat be continued to the August 6, 2009 Planning Commission meeting.

 

13.

No. 09PL023 - Murphy Ranch Estates Subdivision

A request by Davis Engineering, Inc. to consider an application for a Layout and Preliminary Plat for proposed Lots 3R, 4, 5, 6 and 7 of Block 7, Lots 3, 4, 5 and 6 of Block 8 of Murphy Ranch Estates Subdivision, legally described as the unplatted portion of Tract F of the NE1/4 of the NW1/4 of Section 14, T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being located southeast of the intersection of Springfield Road and Knuckleduster.

Staff recommends that the Layout and Preliminary Plat be continued to the August 6, 2009 Planning Commission meeting.

 

14.

No. 09PL024 - Pleasant View Subdivision

A request by D.C. Scott Co. Land Surveyors for William M. Jobgen to consider an application for a Preliminary Plat for proposed Lots 1 and 2 of Lot 7 of Pleasant View Subdivision, legally described as Lot 7 of Pleasant View Subdivision, located in the SE1/4 SE1/4 and in Lot B of the SW1/4 SW1/4 of Section 11, T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being located between Carlin Street and Crane Drive.

Staff recommends that the Preliminary Plat be continued to the August 6, 2009 Planning Commission meeting.

 

15.

No. 09SV012 - Pleasant View Subdivision

A request by D.C. Scott Co. Land Surveyors for William M. Jobgen to consider an application for a Variance to the Subdivision Regulations to waive the requirement to dedicate additional right-of-way and install curb, gutter, sidewalk, street light conduit, sewer, water and additional pavement as per Chapter 16 of the Rapid City Municipal Code for proposed Lots 1 and 2 of Lot 7 of Pleasant View Subdivision, legally described as Lot 7 of Pleasant View Subdivision, located in the SE1/4 SE1/4 and in Lot B of the SW1/4 SW1/4 of Section 11, T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being located between Carlin Street and Crane Drive.

Staff recommends that the Variance to the Subdivision Regulations to waive the requirement to dedicate additional right-of-way and install curb, gutter, sidewalk, street light conduit, sewer, water and additional pavement as per Chapter 16 of the Rapid City Municipal Code be continued to the August 6, 2009 Planning Commission meeting to be heard in conjunction with the associated Preliminary Plat.

 

16.

No. 09PL034 - Aspen Estates Subdivision

A request by Fisk Land Surveying & Consulting Engineers for Walter J. Bradsky to consider an application for a Layout Plat for proposed Lots 5A and 5B of Aspen Estates Subdivision, legally described as Lot 5 of Aspen Estates Subdivision, located in the SW1/4 of Section 12, T1N, R6E, BHM, Pennington County, South Dakota, more generally described as being located at 7800 Elkhart Road.

Staff recommends that the Layout Plat be continued to the August 27, 2009 Planning Commission meeting to allow the applicant to submit additional information.

 

17.

No. 09SV014 - Aspen Estates Subdivision

A request by Fisk Land Surveying & Consulting Engineers for Walter J. Bradsky to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit, water and sewer along S.D. Highway 44, to waive the requirement to install curb, gutter, street light conduit, water, sewer, to reduce the pavement width from 24 feet to 22 feet and to waive the requriement to dedicate right-of-way along Elkhart Road, Kenosha Road, and Canterberry Road as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lots 5A and 5B of Aspen Estates Subdivision, legally described as Lot 5 of Aspen Estates Subdivision, located in the SW1/4 of Section 12, T1N, R6E, BHM, Pennington County, South Dakota, more generally described as being located at 7800 Elkhart Road.

Staff recommends that the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit, water and sewer along S.D. Highway 44 and to waive the requirement to install curb, gutter, street light conduit, water, sewer, to reduce the pavement width from 24 feet to 22 feet and to waive the requirement to dedicate right-of-way along Elkhart Road, Kenosha Road, and Canterberry Road as per Chapter 16.16 of the Rapid City Municipal Code be continued to the August 27, 2009 Planning Commission meeting.

 

18.

No. 09SR026 - South Boulevard Addition

A request by Steven Dunn for Black Hills Power to consider an application for a SDCL 11-6-19 Review to expand a utility substation for Lots 23 thru 26 with ten foot wide of an adjacent vacated alley of South Boulevard Addition, located in the NW1/4 of Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east side of Fifth Street between Cleveland and Oakland Street.

Staff recommends that the SDCL 11-6-19 Review to expand a utility substation be continued to the August 6, 2009 Planning Commission meeting.

 

19.

No. 09SR048 - Section 23, T2N, R7E

A request by Dream Design International, Inc. to consider an application for a SDCL 11-6-19 Review to construct a water main, storm sewer and drainage improvements on public property for the unplatted S1/2 NE1/4 less Rainbow Ridge Subdivision and less right-of-way, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the western terminus of Sagewood Street and Alma Street.

Staff recommends that the SDCL 11-6-19 Review to construct a water main, storm sewer and drainage improvements on public property be continued to the August 6, 2009 Planning Commission meeting.

 

20.

No. 09SR049 - Marshall Subdivision

A request by Western Dakota Tech. to consider an application for a SDCL 11-6-19 Review to allow an electronic display sign for Tract A of Marshall Subdivision, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 800 Mickelson Drive.

Staff recommends that the SDCL 11-6-19 Review to construct electronic display signon public property be approved.

 

21.

No. 09SR052 - Original Town of Rapid City

A request by Gregg Cook to consider an application for a SDCL 11-6-19 Review to allow temporary structures in the right-of-way on the Apolda Street right-of-way located adjacent to the south 50 feet of Lots 28 thru 32 of Block 36 of the Original Town of Rapid City,  Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located Apolda Street from 7th Street to the Sports Rock property.

Staff recommends that the SDCL 11-6-19 Review to allow temporary structures in the right-of-way be denied.

 

22.

No. 09SR057 - Original Town of Rapid City

A request by FourFront Design, Inc. to consider an application for a SDCL 11-6-19 Review to place structures in the right-of-way on the 7th Street right-of-way adjacent to the north 40 feet of Lot 32 of Block 83 of the Original Town of Rapid City, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 517 7th Street.

Staff recommends that the SDCL 11-6-19 Review to place structures in the right-of-way be approved.

 

23.

No. 09SR061 - Rapid City Greenway Tract

A request by Patrick J. O'Leary for Minneluzahan Senior Citizen's Center to consider an application for a SDCL 11-6-19 Review to construct a sign on public property on Lot RU-18, RU Lots and Tract 21, Rapid City Greenway Tract, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 315 North Fourth Street.

Staff will recommend that the SDCL 11-6-19 Review to construct a sign on public property be approved if additional information is submitted prior to Planning Commission approval.

 

24.

No. 09SR062 - Section 5, T1N, R8E

A request by Katy Stuk Humane Society of the Black Hills to consider an application for a SDCL 11-6-19 Review to expand a structure on public property on Lot 1 located in the SE1/4 SW1/4 and the SW1/4 SE1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1820 East St. Patrick Street.

Staff recommends that the SDCL 11-6-19 Review to expand a structure on public property be denied without prejudice.

 

25.

No. 09SR063 - Westberry Trails Subdivision

A request by Hermanson Egge Engineering, Inc. for Larry and Lisa Hermanson to consider an application for a SDCL 11-6-19 review to construct street improvements on the Section Line Highway and extend a public utility on E1/2SE1/4NW1/4, W1/2W1/2SW1/4NE1/4, Government Lots 1 and 2 and Tract A of Westberry Trails of Section 6, T1N, R7E, BHM, Pennington County, South Dakota, more generally described as being located at the southern terminus of Westberry Drive.

Staff recommends that the SDCL 11-6-19 Review to construct street improvements within a section line highway and to extend a public utility be continued to the August 6, 2009 Planning Commission meeting to allow the applicant to submit additional information.

 

26.

No. 09SR065 - Rapid City Greenway Tract

A request by Rapid City Convention & Visitors Bureau to consider an application for a SDCL 11-6-19 Review to allow temporary structures on public property on Tract 20 less Lot H1 of the Rapid City Greenway Tract, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the Memorial Park Bandshell.

Staff will recommend that the SDCL 11-6-19 Review to allow a temporary structure on public property be approved if additional information is submitted prior to Planning Commission approval.

 

*27.

No. 09UR020 - MDU Subdivision

A request by Scott Goble for SWS, LLC to consider an application for a Major Amendment to a Conditional Use Permit to allow expansion of an existing structure (communication tower) for Lot 1 of MDU Subdivision, Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 718 Steele Avenue.

Staff recommends that the Major Amendment to a Conditional Use Permit to allow expansion of an existing structure (communication tower) 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.

 

---END OF CONSENT CALENDAR---

 

---BEGINNING OF REGULAR AGENDA ITEMS---

 

 

28.

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 Phase Two and Three of Minnesota Street be approved if all red line comments are addressed as needed prior to Planning Commission approval.

 

29.

No. 09CA011 - Hillsview Subdivision

A request by City of Rapid City to consider an application for an Amendment to the Adopted Comprehensive Plan to change the land use designation from General Commercial to Heavy Industrial with a Planned Industrial Development on Lots 4 and 5 of Hillsview Subdivision and the 75 foot wide S.D. Highway 44 right-of-way lying adjacent and south of Lot 5 of Hillsview Subdivision, all located in Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located west of Valley Drive and north of S.D. Highway 44.

The Future Land Use Committee recommends that the Amendment to the adopted Comprehensive Plan to change the land use designation from General Commercial to Heavy Industrial with a Planned Industrial Development be denied.

 

30.

No. 09RZ028 - Hillsview Subdivision

A request by City of Rapid City to consider an application for a Rezoning from No Use District to Heavy Industrial District of Lots 4 and 5 of Hillsview Subdivision and the 75 foot wide S.D. Highway 44 right-of-way lying adjacent and south of Lot 5 of Hillsview Subdivision, all located in Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located west of Valley Drive and north of S.D. Highway 44.

Based on the Future Land Use Committee’s recommendation for denial of the related Comprehensive Plan Amendment, Staff recommends that the Rezoning from No Use District to Heavy Industrial District be denied.

 

31.

No. 09CA012 - Hillsview Subdivision

A request by City of Rapid City to consider an application for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Low Density Residential to General Commercial on that portion of Lot 15 Revised of Hillsview Subdivision described as follows: Commencing at the southwest corner of Lot 15 Revised; thence N00º03’23”W 283.51 feet, more or less, to the Point of Beginning; thence N00º03’23”W 198.47 feet, more or less; thence N90º00’00”E 129.91 feet, more or less; thence S00º00’00”E 198.82 feet, more or less; thence N89º50’46”W 129.72 feet, more or less, to the Point of Beginning; located in the NE¼ SE¼ of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located west of Valley Drive and north of S.D. Highway 44.

The Future Land Use Committee recommends that the Amendment to the adopted Comprehensive Plan to change the land use designation from Low Density Residential to General Commercial be denied.  

 

32.

No. 09RZ029 - Hillsview Subdivision

A request by City of Rapid City to consider an application for a Rezoning from No Use District to General Commercial District of that portion of Lot 15 Revised of Hillsview Subdivision described as follows: Beginning at the southwest corner of Lot 15 Revised; thence N00º03’23”W 481.98 feet, more or less; thence N90º00’00”E 129.91 feet, more or less; thence S00º00’00”E 482.22 feet, more or less; thence S38º37’42”W 80.71 feet, more or less: thence N51º22’18”W 101.19 feet, more or less to the Point of Beginning; located in the NE¼ SE¼ of Section 5, and the 75 foot wide right of way located adjacent and south of the above described property, all located in Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located west of Valley Drive and north of S.D. Highway 44.

Staff recommends that the Rezoning from No Use District to General Commercial District be approved for the revised legal description as identified in the staff report; and, Based on the Future Land Use Committee’s recommendation on the related Comprehensive Plan Amendment, staff recommends that the Rezoning from No Use District to General Commercial District be denied with the legal description as identified in the staff report.

 

33.

No. 09CA013 - Hillsview Subdivision

A request by City of Rapid City to consider an application for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Low Density Residential to Light Industrial with a Planned Industrial Development on that portion of Lot 15 Revised of Hillsview Subdivision described as follows: Beginning at the northeast corner of Lot 15 Revised; thence S00º00’00”E 349.61 feet, more or less; thence N89º50’46”W 200.00 feet, more or less; thence N00º00’00”W 198.82 feet, more or less; thence N90º00’00”W 129.91 feet, more or less; thence N00º03’23”W 150.00 feet, more or less; thence N89º56’06”E 330.06 feet, more or less, to the Point of Beginning; located in the NE¼ SE¼ of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and the south 293 feet of Lot 6 of Marshall Subdivision, located in the SE¼ NE¼ of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located west of Valley Drive and north of S.D. Highway 44.

The Future Land Use Committee recommends that the Amendment to the adopted Comprehensive Plan to change the land use designation from Low Density Residential to Light Industrial with a Planned Industrial Development be denied.

 

34.

No. 09RZ031 - Hillsview Subdivision

A request by City of Rapid City to consider an application for a Rezoning from No Use District to Light Industrial District of that portion of Lot 15 Revised of Hillsview Subdivision described as follows: Beginning at the northeast corner of Lot 15 Revised; thence S00º00’00”E 349.61 feet, more or less; thence N89º50’46”W 200.00 feet, more or less; thence N00º00’00”W 198.82 feet, more or less; thence N90º00’00”W 129.91 feet, more or less; thence N00º03’23”W 150.00 feet, more or less; thence N89º56’06”E 330.06 feet, more or less, to the Point of Beginning; located in the NE¼ SE¼ of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and the south 293 feet of Lot 6 of Marshall Subdivision, located in the SE¼ NE¼ of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located west of Valley Drive and north of S.D. Highway 44.

Based on the Future Land Use Committee’s recommendation for denial of the related Comprehensive Plan Amendment, staff recommends that the Rezoning from No Use District to Light Industrial District be denied.

 

35.

No. 09CA014 - Hillsview Subdivision

A request by City of Rapid City to consider an application for an Amendment to the Adopted Comprehensive Plan to change the land use designation from General Commercial to Heavy Industrial Industrial with a Planned Industrial Development on that portion of Lot 15 Revised of Hillsview Subdivision described as follows: Beginning at the southeast corner of Lot 15 Revised; thence N51º22’18”W 320.51 feet, more or less; thence N38º37’42”E 80.71 feet, more or less; thence N00º00’00”W 283.40 feet, more or less; thence S89º50’46”E 200.00 feet, more or less: thence S00º00’00”E 546.00 feet, more or less to the Point of Beginning; located in the NE¼ SE¼ of Section 5, and the 75 foot wide right-of-way located adjacent and south of the above described parcel, all located in Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located west of Valley Drive and north of S.D. Highway 44.

The Future Land Use Committee recommends that the Amendment to the adopted Comprehensive Plan to change the land use designation from General Commercial to Heavy Industrial with a Planned Industrial Development be denied.

 

36.

No. 09RZ030 - Hillsview Subdivision

A request by City of Rapid City to consider an application for a Rezoning from No Use District to Heavy Industrial District of that portion of Lot 15 Revised of Hillsview Subdivision described as follows: Beginning at the southeast corner of Lot 15 Revised; thence N51º22’18”W 320.51 feet, more or less; thence N38º37’42”E 80.71 feet, more or less; thence N00º00’00”W 283.40 feet, more or less; thence S89º50’46”E 200.00 feet, more or less: thence S00º00’00”E 546.00 feet, more or less to the Point of Beginning; located in the NE¼ SE¼ of Section 5, and the 75 foot wide right-of-way located adjacent and south of the above described parcel, all located in Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located west of Valley Drive and north of S.D. Highway 44.

Based on the Future Land Use Committee’s recommendation for denial of the related Comprehensive Plan Amendment, staff recommends that the Rezoning from No Use District to Heavy Industrial District be denied.

 

37.

No. 09OA006 - Ordinance Amendment

A request by City of Rapid City to consider an application for an Ordinance Amendment to allow sales of medical supplies and equipment rental as a Conditional Use in the Office Commercial Zoning District by Amending Section 17.40.030 of the Rapid City Municipal.

Staff recommends that the Ordinance Amendment to allow sales of medical supplies and equipment rental as a Conditional Use in the Office Commercial Zoning District by Amending Section 17.40.030 of the Rapid City Municipal Code be denied.

 

*38.

No. 09PD009 - Rushmore Mall Addition

A request by Tom Danson for Running Supply, Inc. to consider an application for a Planned Commercial Development - Initial and Final Development Plan for Lot 18 of Rushmore Mall Addition in the NE1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota and in a portion of Lot M-2 of Marshall Heights Tract in the NW1/4 of Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 2200 North Maple Avenue.

Staff recommends that the Planning Commission acknowledges the applicant’s withdrawal of the Planned Commercial Development - Initial and Final Development Plan.

 

 

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.

 

*39.

No. 09PD029 - Autumn Hills Plaza Subdivision

A request by N.W.E. Management for Autumn Hills Properties, LLC to consider an application for a Major Amendment to a Planned Commercial Development to allow an on-sale liquor establishment for Lots 1 and 2 of Autumn Hills Plaza Subdivision, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 5312 Sheridan Lake Road.

Staff recommends that the Major Amendment to a Planned Commercial Development to allow an on-sale liquor establishment 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.

 

*40.

No. 09PD030 - Kepp Heights Subdivision No. 3

A request by Fisk Land Surveying & Consulting Engineers for Shelby E. and Jessica A. Nester to consider an application for a Major Amendment to a Planned Residential Development to revise the previoulsy approved building envelope location for Lot 10 of Kepp Heights Subdivision No. 3, located in the NW1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1551 South Kepp Court.

Staff recommends that the Major Amendment to a Planned Residential Development to revise the previoulsy approved building envelope location be approved 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.

 

*41.

No. 09PD031 - KW Subdivision

A request by LeAnn Harlan for Conrads Big "C" Signs to consider an application for a Major Amendment to a Planned Commercial Development to allow an on-sale liquor establishment and to revise the previously approved sign package for Lot B of Lot 1 of Lot D of KW Subdivision, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1333 North Elk Vale Road.

Staff recommends that the Major Amendment to a Planned Commercial Development to allow an on-sale liquor establishment and to revise the previously approved sign package 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.

 

*42.

No. 09PD033 - Aladdin Heights Subdivision

A request by Gordon Phillips for The Lost Steer, LLC to consider an application for a Planned Commercial Development - Initial and Final Development Plan to allow an on-sale liquor establishment for Lots 1 and 2 of Block 1 of Aladdin Heights Subdivision, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 5412 South Highway 16.

Staff will provide a recommendation as soon as it becomes available.

 

 

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.

 

43.

No. 09SR051 - Rapid City Greenway Tract

A request by Mona Drolc  for Ups of Downs Family Support Group to consider an application for a SDCL 11-6-19 Review to allow temporary structures on public property for Tract 20 of the Rapid City Greenway Tract, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the Memorial Park Bandshell.

Staff will recommend that the SDCL 11-6-19 Review to allow temporary structures on public property be approved for three years, if the City Council approves the Special Exception to the Flood Area Construction Regulations of the Rapid City Municipal Code.

 

44.

No. 09SR060 - Original Town of Rapid City and Rapid City Greenway Tract

A request by Rushmore Plaza Civic Center to consider an application for a SDCL 11-6-19 Review request to allow temporary structures on public property on Lot D and Lot ER less hotel lot of the Original Town of Rapid City and Tract 20 less Lot HI in the Rapid City Greenway Tract, all located in Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located west of North Fifth Street between North Street and Omaha Street.

Staff recommends that the SDCL 11-6-19 Review request to allow temporary structures on public property be approved.

 

45.

No. 09SR064 - Airport Addition

A request by Scott Goble for SWS, LLC to consider an application for a SDCL 11-6-19 Review to construct communication structures on Block 20 excepting therefrom the south eight and one-half feet thereof in Airport Addition, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 232 Wright Street.

Staff will recommend that the SDCL 11-6-19 Review to construct communication structures be approved if a Fence Height Exception is obtained prior to Planning Commission approval.

 

*46.

No. 09UR017 - Madison's Subdivision

A request by Monica Sorensen Haeder to consider an application for a Major Amendment to a Conditional Use Permit for Lot 5 of Madison's Subdivision, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 602 Auburn Drive.

Staff recommends that the Major Amendment to a Conditional Use Permit 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.

 

*47.

No. 09UR018 - Baken Park Subdivision

A request by CMA Patrick G. Blees for BDUBS, LLC to consider an application for a Conditional Use Permit to allow an on-sale liquor establishment for Lot D, E, F & G of Lot 1 of the NE1/4 NE1/4, less Lot H of the Lot 1 of Baken Park Subdivision (NKA Tract 11 of the Rapid City Greenway Tract) less Lot H1 of said Lot D, less Lot H1, Lot H2, Lot H3 of said Lot E, less Lot H1 and Lot H2 of said Lot 6, Section 3, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 2001 West Main Street.

Staff recommends that the Conditional Use Permit to allow an on-sale liquor establishment 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.

 

*48.

No. 09UR019 - Northern Heights Subdivision

A request by Troy Erickson for M.G. Oil Co. to consider an application for a Conditional Use Permit to allow an on-sale liquor establishment for Lot 1 of Tract A of Block 1 of Northern Heights Subdivision, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located southwest corner of the intersection of Lindbergh Avenue and Haines Avenue.

Staff recommends that the Conditional Use Permit to allow an on-sale liquor establishment be approved with g 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.

 

49.

Discussion Items

 

A.

Approve the 2010 - 2014 Capital Improvement Plan.

 

50.

Staff Items

 

 

 

51.

Planning Commission Items

 

 

 

52.

Committee Reports

 

A.

City Council Report (July 6, 2009)

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.