Planning Commission denies specialty-resort planned-unit overlay after floodplain information not provided

Pennington County Planning Commissioners voted May 12 to deny without prejudice a planned unit development (PUD) overlay application from Jenna Wilburn for a specialty resort north of Rushford Road and Silver Creek Road because staff had not received key floodplain information.

Megan Talmadge, planner, told the commission the item had been continued once and that no updated floodplain analysis had been supplied since the prior hearing. "Due to there being no further information on the floodplain, staff recommends to deny this item without prejudice," she said. Staff said the property has historic flooding and that the applicant can resubmit within a year if they provide the floodplain analysis and mitigation methods and pay advertising and mailing costs for renewed notice.

At the meeting some commissioners expressed a preference to bar a repeat application, calling for denial "with prejudice," but the commission ultimately approved a motion to deny the overlay without prejudice, preserving the applicant's ability to reapply after addressing the floodplain issue. The record shows staff had received additional neighbor comments since the last meeting and that the absence of a completed hydraulic/floodplain analysis was the decisive factor in the staff recommendation.

The denial without prejudice means no final land-use approval was granted and that the applicant may return with additional technical information. According to staff, resubmission would require new neighborhood notice and advertising and would trigger renewed interdepartmental review. The commission advised the applicant and staff to resolve outstanding floodplain documentation before returning with a revised application.