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Posted: April 06, 2023
Rapid City
Agenda Item Summary

Agenda Item Ref. #: 23PD006 - Section 14, T1N, R7E

Agenda Item Title:

23PD006 - Final Planned Development Overlay to replace an existing communication tower

Origination Group:
Planning Commission
Origination Meeting Date:
04/06/2023
Petitioner:
VIKOR for Black Hills Energy
Staff Contact:
Tanner Holanen, Current Planner I
Location:
3575 Skyline Drive
Agenda Item Summary:
The applicant has submitted a Final Planned Development Overlay to replace an existing communication tower at 3575 Skyline Drive. The subject property was platted in 1958 and annexed into the City in 1978. On June 6, 2022, a Demolition Permit was issued for the 90-foot tall guyed tower that previously occupied the property. During the review of the Building Permit application to replace that tower, City Staff identified that the property did not have a zoning designation. The applicant has submitted a Rezone Request in conjunction with this application to change the zoning designation from No Use District to General Agriculture District (#23RZ001). This Rezoning request was approved by the Planning Commission on March 9, 2023. The applicant should be apprised that prior to the approval of a Building Permit, the property must be rezoned from No Use District to General Agriculture District. Communication towers are considered a Conditional Use in the General Agriculture District. The subject property is comprised of 0.14 acres of land zoned No Use District and currently contains a small accessory building, a generator, and a fuel tank. The north side yard and east front yard setbacks of the accessory building are considered legal non-conforming. The applicant is proposing to construct an 80-foot-tall lattice tri-pod self-supporting tower in the eastern portion of the property. The new tower will be located in the same approximate location of the previous tower. The applicant has indicated that the proposed communication tower will be used internally by Black Hills Energy and will have room for additional co-locaters if needed in the future. The site plan submitted identifies that the approach will be hard surfaced and all structures will be contained within a 1,500-square-foot concrete compound. The compound will be bordered by a six-foot-tall chain link fence with one foot of barbed wire. The applicant should be apprised that upon the submittal of a Building Permit, the applicant must provide a drainage report signed and sealed by a Professional Engineer to address runoff, water quality, and erosion control. As per 17.34.040 of the Rapid City Municipal Code, all structures other than dwellings and accessory buildings thereto must be setback not less than 35 feet from the front and side property lines. The site plan submitted identifies that the proposed tower will be located 2.8 feet from the front property line and 32.4 feet from the north property line. The applicant has requested Exceptions as part of this application to allow a 2.8-foot front yard setback and a 32.4 side yard setback in lieu of the required 35 feet. As per 17.50.270.G of the Code, circulation within a parking area shall be such that a vehicle need not enter a public right-of-way backward. The site plan submitted identifies that the proposed parking stall is accessed directly from the public right-of-way. The application has requested an Exception as part of this application to allow the vehicle for the one parking stall proposed to back into the right-of-way. As per 17.50.340.B.1 of the Code, no fence or wall over four feet in height shall be erected or maintained in any front yard. The site plan submitted identifies a six-foot-tall fence wholly contained within the required front yard. The applicant has requested an Exception as part of this application to allow a six-foot fence in lieu of the four-foot maximum. As per 17.50.340.J.3 of the Code, barbed wire fencing is only permitted in the General Agriculture District to contain livestock. The applicant should be apprised that prior to the approval of a Building Permit the applicant must revise the site plan to remove the barbed wire notation.

Funding Source & Fiscal Impact (if applicable):

Funding Cost Center

Recommendations:

Origination Recommendation Action:
Approve with Stipulations
Origination Recommendation Notes:
Planning Commission Approved with Stipulations Outlined in Project Report: 4/6/2023

Attachments & Links to Download:

23PD006 Project Report 

23PD006 Attachments

Published in 2023 - PL Agenda Items

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