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.

 

AGENDA

City of Rapid City Planning Commission

August 26, 2010 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 August 5, 2010 Planning Commission Meeting Minutes.

 

*2.

No. 09PD053 - St. Martins Village

A request by FMG, Inc. for Good Samaritan Society to consider an application for a Planned Residential Development - Final Development Plan on an unplatted parcel of land located in the SE1/4 SW1/4 and the SW1/4 SE1/4 and the NE1/4 SE1/4 and the NW1/4 SE1/4 and the SW1/4 NE1/4 and less Lot A of the W1/2 SE1/4, Section 29, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located west of S.D. Highway 79 (Sturgis Road) and south of Hidden Valley Road.

Staff recommends that the Planned Residential Development - Final Development Plan to allow the construction of townhomes with attached garages and the construction of the utilities and roads to serve the townhomes be continued to the September 23, 2010 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.

 

3.

No. 10CA020 - Section 21, T2N, R8E

A request by Dream Design International, Inc. to consider an application for a Summary of Adoption action on an Amendment to the adopted Comprehensive Plan to change the land use designation from Light Industrial to Mobile Home Residential on the SW1/4 NW1/4, the NW1/4 SW1/4, and the N1/2 SW1/4 SW1/4 of Section 21, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located west of Elk Vale Road and south of Country Road.

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

 

4.

No. 10OA004 – Ordinance Amendment

A request by City of Rapid City to consider an application for an Ordinance Amendment revising the supplementary regulations applicable to Mobile Home Parks by amending Section 17.50.110 of the Rapid City Municipal Code.

Staff recommends that the Ordinance Amendment be continued to the September 9, 2010 Planning Commisison meeting to allow the revised comments submitted at the August 3, 2010 Open House be incorporated into the proposed amendments.

 

*5.

No. 10PD049 - Menard Subdivision

A request by Rosenbaum's Signs to consider an application for a Major Amendment to a Planned Commercial Development on Lot A of Menard Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1750 Eglin Street.

Staff recommends that the Major Amendment to a Planned Commercial Development 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.

 

6.

No. 10PL028 - White Eagle Ranch

A request by Dream Design International, Inc. to consider an application for a Preliminary Plat for proposed Lots A and B of White Eagle Ranch, legally described as a portion of the NE1/4 of the SE1/4, Section 19, T1N, R9E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 14870 East Highway 44.

Staff recommends that the Preliminary Plat be continued to the September 9, 2010 Planning Commission meeting.

 

7.

No. 10SV007 - White Eagle Ranch

A request by Dream Design International, Inc. 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 at the Section Line Highway and to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer at Airport Road as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lots A and B of White Eagle Ranch, legally described as a portion of the NE1/4 of the SE1/4, Section 19, T1N, R9E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 14870 East Highway 44.

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 at the Section Line Highway and to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer at Airport Road as per Chapter 16.16 of the Rapid City Municipal Code be continued to the September 9, 2010 Planning Commission meeting.

 

8.

No. 10PL032 - Tower Place

A request by Renner & Associates, LLC for Andrea K. Sabow to consider an application for a Preliminary Plat for proposed Tracts A, B and C of Tower Place, legally described as a portion of the E1/2 of the NW1/4 of the SW1/4 and a portion of the NE1/4 of the SW1/4, Section 14, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located west of Tower Road and north of Skyline Ranch Road.

Staff recommends that the Preliminary Plat be continued to the September 9, 2010 Planning Commission meeting.

 

9.

No. 10SV009 - Tower Place

A request by Renner & Associates, LLC for Andrea K. Sabow to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, streetlight conduit, water, sewer and additional pavement along Tower Road, Skyline Ranch Road and to waive the requirement to install curb, gutter, sidewalk streetlight conduit, water, sewer and pavement along Hanks Drive as they abut the property as per Chapter 16.16 of the Rapid City Municipal Code for proposed Tracts A, B and C of Tower Place, legally described as the E1/2 E1/4 NW1/4 SW1/4, Section 14, T1N, R7E, BHM, Pennington County, South Dakota, excepting there from Lot B of the S1/4 NW1/4, N1/4 SW1/4, Section 14, shown on the plat filed in Plat Book 3, Page 155, and also excepting there from Lot A, Section 14, shown on the plat filed in Plat Book 3, Page 17, and that part of the NE1/4 SW1/4, Section 14, bounded on the north by Lot B of the S1/4 NW1/4 and the N1/4 of the SW1/4, Section 14, shown on the plat filed in Plat Book 3, page 155, and bounded on the east by the right-of-way for “Old U.S. Highway 16” shown on the plat filed in Highway Plat Book 2, Page 48, and bounded on the south by Lot A, Section 14, shown on the plat filed in Plat Book 3, Page 17, and bounded on the west by the west boundary line of said NE1/4 SW1/4, more generally described as being located west of Tower Road and north of Skyline Ranch Road.

Staff recommends that the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, streetlight conduit, water, sewer and additional pavement along Tower Road and Skyline Ranch Road and to waive the requirement to install curb, gutter, sidewalk, streetlight conduit, water, sewer and pavement along Hanks Drive as they abut the property be continued to the September 9, 2010 Planning Commission meeting.

 

10.

No. 10PL033 - North Rapid Addition

A request by Sperlich Consulting, Inc. for Daene Boomsma to consider an application for a Preliminary Plat for proposed Lots 27R and 29R of Block 25 of North Rapid Addition, legally described as Lots 27, 28 and 29 of Block 25 of North Rapid Addition, located in the E1/2 of the SW1/4 of the NE1/4, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 724 Lemmon Avenue.

Staff recommends that the Preliminary Plat be continued to the September 9, 2010 Planning Commission meeting.

 

11.

No. 10SV010 - North Rapid Addition

A request by Sperlich Consulting, Inc. for Daene Boomsma to consider an application for a Variance to the Subdivision Regulations to waive the requirement to pave the alley right-of-way and to waive the requirement to increase the existing pavement width of Lemmon Avenue from 24.1 feet to  27 feet as they abut the property pursuant to Chapter 16.16 of the Rapid City Municipal Code for proposed Lots 27R and 29R of Block 25 of North Rapid Addition, legally described as Lots 27, 28 and 29 of Block 25 of North Rapid Addition, located in the E1/2 of the SW1/4 of the NE1/4, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 724 Lemmon Avenue.

Staff recommends that the Variance to the Subdivision Regulations to waive the requirement to pave the alley right-of-way and to waive the requirement to increase the existing pavement width of Lemmon Avenue from 24.1 feet to 27 feet as they abut the property be continued to the September 9, 2010 Planning Commission meeting.

 

12.

No. 10PL041 - Baxter Subdivision

A request by Dream Design International, Inc. to consider an application for a Layout Plat for proposed Lots 1 and 2 of Baxter Subdivision, legally described as an unplatted parcel of land located in the SW1/4 SE1/4 SW1/4, Section 31, T1N, R7E, BHM, Pennington County, South Dakota, more generally described as being located at 7601 Pioneer Circle.

Staff recommends that the Layout Plat be continued to the September 9, 2010 Planning Commission meeting.

 

13.

No. 10SV014 - Baxter Subdivision

A request by Dream Design International, Inc. to consider an application for a Variance to the Subdivision Regulations to reduce the pavement width from 27 feet to 20 feet and to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along Pioneer Circle as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lots 1 and 2 of Baxter Subdivision, legally described as an unplatted parcel of land located in the SW1/4 SE1/4 SW1/4, Section 31, T1N, R7E, BHM, Pennington County, South Dakota, more generally described as being located at 7601 Pioneer Circle.

Staff recommends that the Variance to the Subdivision Regulations to reduce the pavement width from 27 feet to 20 feet and to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along Pioneer Circle as per Chapter 16.16 of the Rapid City Municipal Code be continued to the September 9, 2010 Planning Commission meeting.

 

14.

No. 10PL042 - Vista Ridge Subdivision

A request by Sperlich Consulting, Inc. for Century Resources, Inc. to consider an application for a Preliminary Plat for proposed Lot 5 of Block 1 of Menard Subdivision, legally described as a portion of the NW1/4 of the SW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the current eastern terminus of East Anamosa Street.

Staff recommends that the Preliminary Plat be approved with stipulations.

 

15.

No. 10PL052 - Eisenbraun Subdivision

A request by Britton Engineering and Land Surveying, Inc. for Marty Eisenbraun to consider an application for a Layout Plat for proposed Tracts A and B of Eisenbraun Subdivision, legally described as the unplatted portion of the NW1/4 of the NE1/4 and the SW1/4 of the NE1/4 less the East 54.4 feet located in Section 26, T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being located 1/2 mile east of Reservoir Road and 1/4 mile south of Southside Drive.

Staff recommends that the Layout Plat be continued to the September 9, 2010 Planning Commission meeting.

 

16.

No. 10PL054 - Heavlin Addition No. 2

A request by Duane Brink to consider an application for a Layout Plat for proposed Lots 1R and 2 of Heavlin Addition No. 2 legally described as Lot 1 of Heavlin Addition No. 2 located in the SE1/4 SE1/4 SE1/4, Section 19, T1N, R9E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 23299 South Airport Road.

Staff recommends that the Layout Plat be continued to the September 9, 2010 Planning Commission meeting.

 

*17.

No. 10UR022 - Section 12, T1N, R7E

A request by Father Michel Mulloy to consider an application for a Conditional Use Permit to allow a Church in a Low Density Residential Zoning District for the balance of Lot 2 of the NW1/4 SW1/4, Section 12, T1N, R7E, platted, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 520 Cathedral Drive.

Staff recommends that the Conditional Use Permit to allow a Church in a Low Density Residential Zoning District 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.

 

18.

10TP023 – 2011-2015 Rapid City Area Transportation Improvement Program – Final Report

 

---END OF CONSENT CALENDAR---

 

---BEGINNING OF REGULAR AGENDA ITEMS---

 

 

*19.

No. 10PD050 - Marlin Industrial Park

A request by CETEC Engineering Services, Inc. for RCS Storage, LLC to consider an application for a Planned Industrial Development - Initial and Final Development Plan on Lots 3 and 4 of Marlin Industrial Park, Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located south of Catron Boulevard and east of S.D. Highway 79.

Staff recommends that the Planned Industrial 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.

 

*20.

No. 10PD051 - Section 22, T2N, R7E

A request by Dream Design International, Inc. to consider an application for a Planned Industrial Development - Initial and Final Development Plan on Lot B of the W1/2 of the SW1/4, the balance of Lot Y of Lot H2 of the SW1/4, Section 22, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 3200 Deadwood Avenue.

Staff recommends that the Planned Industrial 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.

 

21.

No. 10PL050 - Murphy Ranch Estates Subdivision

A request by Davis Engineering, Inc. to consider an application for a Preliminary Plat for proposed Lots 1R, 9, 10 and 11 of Block 8 and Lots 3, 4, 5 and 6 of Block 10 of Murphy Ranch Estates Subdivision legally described as the unplatted portion of Tract F of the NE1/4 of the NW1/4, Section 14, T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being located east of Reservoir Road and on the south side of Long View Road.

Staff recommends that the Preliminary Plat be approved with stipulations

 

22.

No. 10PL055 - Fish Hatchery Subdivision

A request by City of Rapid City to consider an application for a Preliminary Plat for proposed Lots 1, 2 and 3 of Fish Hatchery Subdivision formerly portions of Lot F-2 and Lot R Revised of Fish Hatchery Subdivision, legally described as Lot F-2 and Lot R revised of Fish Hatchery Subdivision, located in the S1/2, Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at Cleghorn Springs State Fish Hatchery southwest of the intersection of Jackson Boulevard and Chapel Lane.

Staff recommends that the Preliminary Plat be approved with stipulations.

 

23.

No. 10SV016 - Fish Hatchery Subdivision

A request by City of Rapid City to consider an application for a Variance to the Subdivision Regulations to waive the requirement to provide a sidewalk along the north side of Jackson Boulevard, to waive the requirement to install water along a portion of Jackson Boulevard, to waive the requirement to install sewer and to dedicate additional right-of-way along Jackson Boulevard, to reduce the width of the access easements from 59 feet to 24 feet and 25 feet respectively, to waive the requirement to construct a 26 foot wide paved surface, curb, gutter, sidewalk, street light conduit, water and sewer along the 24 foot wide access easement, to reduce the pavement width of the 25 foot wide access easement from 26 feet to 25 feet and to waive the requirement to construct curb, gutter, sidewalk, street light conduit, water and sewer along the 25 foot wide access easement as per Chapter 16.16 of the Rapid City Municipal Code  for proposed Lots 1, 2 and 3 of Fish Hatchery Subdivision formerly portions of Lot F-2 and Lot R Revised of  Fish Hatchery Subdivision, legally described as Lot F-2 and Lot R revised of Fish Hatchery Subdivision, located in the S1/2, Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at Cleghorn Springs State Fish Hatchery southwest of the intersection of Jackson Boulevard and Chapel Lane.

If the Planning Commission determines appropriate, then the Variance to the Subdivision Regulations to waive the requirement to dedicate additional right-of-way along Jackson Boulevard be approved; That the Variance to the Subdivision Regulations to waive the requirement to provide a sidewalk along the north side of Jackson Boulevard be denied; That the Variance to the Subdivision Regulations to waive the requirement to install water and sewer along a portion of Jackson Boulevard be approved with one stipulation; That the Variance to the Subdivision Regulations to reduce the pavement width from 26 feet to 25 feet, to install curb, gutter, sidewalk, street light conduit, water and sewer and to reduce the width of the easement from 59 feet to 25 feet for the 25 foot wide access easement be approved; and, That the Variance to the Subdivision Regulations to waive the requirement to install a 26 foot wide paved surface, curb, gutter, sidewalk, street light conduit, water and sewer and to reduce the width of the easement from 59 feet to 24 feet for the 24 foot wide access easement be approved with one stipulation.

*24.

No. 10UR009 - Section 29, T2N, R7E

A request by ARC International for Diocese of Rapid City and Rapid City Catholic Schools to consider an application for a Conditional Use Permit to allow a school and church in Medium Density Residential Zoning District for the SE1/4 NW1/4, Section 29, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 2101 City Springs Road.

Staff recommends that the Conditional Use Permit to allow a school and church in Medium Density Residential zoning district 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.

 

25.

Discussion Items

 

A.

Request to Amend Section 17.50.280 of the Zoning Ordinance to remove requirement that recreational vehicles, boats and trailers be parked behind the front setback line – Bill and Marie Tucker

Staff recommends that no changes to the Zoning Ordinance be made precluding the parking of recreational vehicles in front yards.

 

 

B.

M Hill Overlay District.

Staff recommends that the Planning Commission authorize staff to prepare a comprehensive plan amendment to adopt the M Hill Study Area Plan and advertise for public hearing to consider an amendment to establish the M Hill Overlay Zoning District by adding Chapter 17.64, consistent with the attached ordinance.

 

 

C.

Distance Requirement for Casinos

 

 

D.

Ordinance 2.60.160 (E) and (F) and Related City Policies to Require Sign Posting and Notices for Comprehensive Plan Amendments to the Planning Commission.

 

 

E.

Warranty Surety Requirements for Subdivision Improvements.

Staff Recommends that the Planning Commission authorize staff to advertise public hearings to consider amendments to Chapter 16.20.060 of the Rapid City Municipal Code to revise surety requirements for Final Plats requiring that maintenance and repair surety at a ratio of 100% of the total cost of the incomplete subdivision improvements or at a ratio of 10% of the estimated total cost of the subdivision improvements, whichever is greater, to be submitted upon submittal of a Final Plat application. Upon completion of the subdivision improvements, no more than two years from the date of Final Plat approval, and acceptance of the subdivision improvements, the surety shall be released except for 10% of the estimated total cost of the subdivision improvements, which would be retained as repair and maintenance surety for a period of two years from the date of acceptance of the improvements.

 

  F.

Temporary Uses.

Staff recommends that the Planning Commission authorize staff to prepare an ordinance amendment and advertise for a public hearing to consider an amendment to Chapter 17.50 Supplementary Regulations Applicable to Some or All Districts – Article III Temporary Uses in the Rapid City Municipal Code and the subsequent changes to Chapter 17.16, Chapter 17.18, Chapter 17.20, Chapter 17.30, Chapter 17.32, and Chapter 17.48 Zoning Districts in conjunction with the temporary use changes in the Rapid City Municipal Code.

 

26.

Staff Items

 

 

 

27.

Planning Commission Items

 

 

 

28.

Committee Reports

 

A.

City Council Report (August 2, 2010)

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

  

No. 10UR004 - Marshall Heights Tract

A request by Lamar Advertising to consider an application for a Conditional Use Permit to allow an electronic billboard for Lot 9 of Lot K-3, less Lot H-1 of Marshall Heights Tract, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 532 East Anamosa Street.

 

On March 25, 2010, Planning Commission denied the Conditional Use Permit to allow an electronic billboard.  On August 2, 2010, Council approved the Conditional Use Permit to allow an electronic billboard. 

    

 

B.

Sign Code Board of Appeals

 

C.

Zoning Board of Adjustment

 

D.

Capital Improvements Subcommittee

 

E.

Drinking Water Protection Committee

 

F.

Tax Increment Financing Committee

 

G.

Infrastructure Development Partnership Fund Committee

 

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.