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1 Planning and Zoning Board Meeting February 19, 2018 T 100 N T 96 N T 97 N T 98 N T 99 N IJ IJ 106 IJ 116 IJ 103 IJ 124 IJ 146 IJ 152 ") 17 # Tea 4a # Lennox IJ IJ 140 IJ 116 IJ 122 IJ 102 IJ 128 Tea-Ellis Road IJ 111 IJ 111 IJ 111 Sundowner Ave Tallgrass Ave IJ Louise Ave IJ 117 Worthing IJ IJ 117 Beresford Western Ave IJ 110 Sioux Falls IJ 124 ") 115 Minnesota Ave ") 44 ") 115 Cliff Ave Southeastern Ave Harrisburg IJ 121 IJ 121 IJ 140 IJ 146 IJ 123 IJ 152 ") 46 ") R 51 W R 49 W R 51 W b R 50 W R 50 W IJ 116 IJ 125 IJ IJ Sycamore Ave IJ 144 IJ 110 ") ") IJ 102 ") 11 ") Lake Alvin IJ IJ 135 IJ R 49 W 481 Good Earth IJ 135 IJ 135 IJ IJ 122 Canton Newton Hills IJ IJ Lake Lakota IJ 144 IJ IJ IJ 139 ") 46 Agenda Item Locations Agenda Items Subdivision Authority Public Areas IJ 140 IJ 143 Hudson IJ 143 R 48 W Town Lakes Fairview # 290 q IJ

2 MINUTES OF THE LINCOLN COUNTY PLANNING COMMISSION January 22, 2019 COUNTY PLANNING COMMISSION MEMBERS PRESENT: Tyler Klatt, Ron Albers, Monty Derousseau, Gary Pashby, Tiffani Landeen, and Stacey Namminga (left at 8:55) STAFF PRESENT: Toby Brown, Joan Doss, and Joel Carlson - County Planning PUBLIC PRESENT (sign in sheet): Derek Rondeau, Jan McClung, Tony Ventura, Max Barnett, Craig Wynia, and Jim Weixel 1. CALL TO ORDER AND ROLL CALL The regular meeting was brought to order on January 22, 2019 at 8:00pm in the Commission Meeting Room of the Lincoln County Courthouse by Chairman Derousseau. 2. APPROVAL OF DECEMBER 17, 2018 MINUTES Klatt motioned to approve the minutes and was seconded by Albers. Pashby noted a correction to the vote outcome on item 4.C from 7-0 to 5-0. The motion to approve the corrected minutes passed unanimously (6-0). 3. APPROVAL OF AGENDA Pashby motioned to approve the agenda and was seconded by Landeen. The motion passed unanimously (6-0). 4. PUBLIC HEARINGS a. CONDITIONAL USE PERMIT / 18-CUP-045: Request for review and approval of a Conditional Use Permit to allow a contractor s shop and storage yard. The property is legally described as Tract 8 Landmark Industrial Park Addition in the Southwest quarter (SW1/4) of Section 30, Township 100 North, Range 50 West of the 5th Principal Meridian, Lincoln County, South Dakota. Applicant/Owner: Jeren Properties LLC Location: Mona Street - Tea Staff Analysis: Description of Proposal: The applicant is proposing to utilize a portion of the property for two additional contractor shop s. The applicant stated that the proposed building would look similar to the existing building that was permitted in Background: The property currently has one building with 6 units utilized for contractor s shop(s) and 8 units utilized for storage. A conditional use permit is required for a contractor s shop and storage yard within the I-1 Light Industrial zoning district. An At-Risk building permit was granted on December 14, 2018 for the foundation of the proposed building. Staff Recommendation: Staff recommends APPROVAL for Conditional Use Permit 18-CUP-045 to allow contractor s shop and storage yard on Tract 8 Landmark Industrial Park Addition in the Southwest quarter (SW1/4) of Section 30, Township 100 North, Range 50 West of the 5th Principal Meridian, Lincoln County, South Dakota, contingent upon the following conditions: 1. The approval is for the project as described per Conditional Use Permit 18-CUP-045 to allow a contractor s shop and storage yard in accordance with the site plan as approved by the City of Tea. 2. No unscreened outdoor storage is permitted, and the property shall be kept in a clean and orderly manner at all times. 3. The property owner shall not deposit any snow or improperly direct water onto neighboring properties. 4. If at any time the use ceases to exist, or changes ownership, the owner shall notify County Planning Staff. 5. The Planning Department reserves the right to enter and inspect the property at any time, after proper notice to the owner, to ensure that the property is in full compliance with the approved permit conditions and the Lincoln County Zoning Ordinance. If approved, the Lincoln County Planning Commission s approval would include the following findings of fact: The Conditional Use Permit is generally in conformance with the Conditional Use Criteria in Section of the 2009 Revised Zoning Ordinance for Lincoln County. Public Comment: Toby Brown presented the staff report, and noted an at-risk permit for the foundation had been approved. Craig Wynia, a project representative, was available for questions. Namminga asked if there were any issues with the conditions, and Craig noted there were no concerns. Derousseau asked for public comment, hearing none, he closed the floor to public comment. Discussion & Action: 1

3 Pashby motioned to approve the application with the recommended conditions and was seconded by Landeen. The motion passed unanimously (6-0). Conditional Use Approved 5. OTHER MATTERS TO BE REVIEWED BY THE PLANNING COMMISISON a. CONDITIONAL USE PERMIT / 11-CUP-011: Request for review of a Conditional Use Permit allowing motor vehicle repair. The property is legally described as Lot 3 and South 80.2 of Lot 4 of Tract 3 Smith s Addition in the Southeast quarter (SE1/4) of Section 31, Township 100 North, Range 50 West of the 5th Principal Meridian, Lincoln County, South Dakota. Applicant/Owner: Derek Rondeau/Robert Dysart Location:27277 Kenworth Drive - Harrisburg Staff Analysis: Conditional Use Permit 11-CUP-011, allowing for the establishment of a motor vehicle repair shop, was approved by the Planning Commission on May 16, 2011, and was amended by the Planning Commission on April 16, 2018, subject to fifteen (15) conditions of approval. 1. That Conditional Use Permit shall allow motor vehicle repair shop. 2. The approved use shall comply with all applicable local, state, and federal, laws, rules, regulations and ordinances. 3. Buildings and vehicle storage areas shall meet the setback requirements of the zoning district. 4. There shall be no hazardous waste runoff. Storage of hazardous waste shall comply with all applicable local, state and federal laws, rules, regulations and ordinances. 5. Only vehicles owned by employees or customers awaiting service are allowed to be parked on site. Parking shall meet the requirements of Article 15, Parking and Loading Regulations, of the 2009 Revised Zoning Ordinance for Lincoln County. 6. All areas used for storage or trash disposal shall be fully screened from adjacent land uses and public roadways. 7. The outdoor storage of hazardous materials shall be prohibited. 8. The grounds and all structures shall be maintained in a clean and safe manner. 9. The outdoor storage of motor vehicle parts is prohibited, unless the vehicle parts are stored in a fully screened area. Vehicle parts shall not be stored for a period longer than ninety (90) days in the screened area. 10. All exterior lighting fixtures shall be hooded or controlled in some manner so as not to light adjacent property. 11. The applicant shall not deposit any snow or improperly direct water onto neighboring properties so as to constitute a nuisance. 12. All vehicles on property shall be licensed and operational. 13. A site plan shall be submitted to the Planning and Zoning office within 30 days 14. The Lincoln County Planning and zoning Department reserves the right to enter and inspect the property at any time, after proper notice to the owner, to ensure that the property is in full compliance with the approved permit conditions and the Lincoln County Zoning Ordinance. 15. If at any time the use ceases to exist, or changes ownership, the owner shall notify the Lincoln County Planning and Zoning Department. Staff received a written complaint regarding the property on December 12, Staff conducted a site visit on December 6 and 12, 2018, and identified that numerous vehicles on the property had expired license plates or no license plates on them. Staff asked Mr. Rondeau about a work log and he stated that at the time he did not have a log book on hand because many of the vehicles on the site were his own that he had purchased through online sites or dealerships. He further stated that he fixes the vehicles and sells them back to other car dealers, or takes them down to Alcester, SD, where he junks them out. Staff gave Mr. Rondeau a copy of Conditional Use Permit 11-CUP-011 and stated that only motor vehicle repair was permitted to be conducted on the property. On December 19, 2018, Staff conducted a site visit and witnessed a vehicle loaded on a flat bed and towing a second vehicle preparing to leave the site, a trailer with radiators and miscellaneous parts, a second trailer with radiators and other miscellaneous parts, and numerous vehicles that appeared to lack licensing. Staff Recommendation: It is recommended that the Planning Commission consider staff s analysis, together with testimony provided during the public hearing and make the appropriate findings and decision regarding the 2

4 Conditional Use Permit. Staff s determination, based on its review of the permit conditions and the facts gathered during site visits, is that revocation is warranted at this time. Public Comment: Toby Brown presented the staff report, and addressed numerous photos of the site. Albers asked if the permit covered the whole property, and Toby confirmed the permit was for the property, not just Derek. Landeen asked about signage. Toby noted there was no business signage on site. Derek Rondeau was available for questions. Klatt asked about ownership of items in the photos. Derek pointed out a number of items that are owned by Bob Dysart. Namminga asked about lack of work orders. Derek noted most vehicles are his own so he didn t think work orders were needed. Pashby asked about licensing. Derek noted he just bought license plates for many vehicles, but just hadn t placed them on yet. Landeen asked about the volume of vehicles. Derek noted he works on about 3 per day or up to 15 a week. Landeen asked if they could transport to Alcester immediately. Derek said it wouldn t make sense to go from Sioux Falls to Alcester and back to Harrisburg. Derousseau asked for public comment. Max Barnett noted that the staff photos are good representation of the site but there are also concerns of storage of within the right-of-way and near Nine-Mile Creek. Jim Weixel noted that he has talked to Derek and has seen vehicles being junked on site. Hearing no further comments, Derousseau closed the floor to public comment. Discussion & Action: Landeen motioned to revoke the conditional use permit, and was seconded by Namminga. Albers noted he wants the site clean before a new permit is allowed. Namminga commented that if a person s income depended on the permit, why wouldn t they comply with the conditions. Landeen noted that a lack of a plan was disheartening and the county shouldn t babysit the property anymore. Pashby motioned to amend the motion to include the finding of noncompliance. The motion to amending the original motion was seconded by Klatt and passed unanimously. The motion to revoke the conditional use permit based on findings of non-compliance passed unanimously (6-0). Conditional Use Revoked 6. OPEN DISCUSSION FOR ISSUES NOT ON THE AGENDA a. Correspondence received. - None b. Comments from Planning Commission members. Albers noted that situations like Derek s should have fines imposed. Toby noted some state legislation in the works that would allow fines. c. Comments from the audience Tony Ventura noted changes he would like to see on compliance inspections around the county. 7. REPORT OF LINCOLN COUNTY BOARD OF COMMISSIONERS REPRESENTATION Landeen noted the rezone for Ponderosa was tabled until February. 8. NEW BUSINESS a. Setting public hearing dates. Toby set the public hearings for the February meeting for February 19, 2019 at 7:00pm b. Planning Commission Bylaws review. Namminga, Pashby, and Klatt volunteered to form a subcommittee to review the current meeting bylaws. c. Other new business. Toby noted that Albers regular term is complete, but he will be an alternate for the next year and we have yet to receive applications for his replacement. 9. ADJOURNMENT Pashby motioned to adjourn at 9:15pm and was seconded by Landeen. Motion passed unanimously (5-0). Respectfully submitted, Joan Doss Planner 3

5 File No: Property Location: Applicant/Owner: Description of Proposal: RZNE STAFF REPORT Prepared for the Lincoln County Planning Commission Agenda Item No. 4(a) February 19, 2019 LAND USE APPLICATION SUMMARY 500 feet south of the intersection of 272 nd Street and 466 th Avenue - Tea Richard Peters SD Highway 17 Tea, SD To consider rezoning approximately acres from the A-1 Agricultural zoning district to the RR Rural Residential zoning district in accordance with Section of the 2009 Revised Zoning Ordinance for Lincoln County. Background: The subject property is currently vacant and utilized for agricultural uses. The subject acres was recently replatted from a larger tract that had a portion of the parcel rezoned to C Commercial in That portion of the property zoned C Commercial abuts the northern portion of the subject property and is currently vacant. The applicant submitted a concept plan with the application which proposes the construction of one single-family dwelling on the subject property. The applicant stated to staff that he intends to construct and own the single-family dwelling. Since the property does not have a building eligibility, the property needs to be zoned rural residential to allow the proposed use. SITE INFORMATION Legal Description Adjacent Land Uses Adjacent Zoning Designated Future Land Use Tract 2 of Peter s Addition in the Northwest quarter (NW1/4) of Section 33, Township 100 North, Range 51 West of the 5th Principal Meridian, Lincoln County, South Dakota. North: Commercial (retail), Agricultural land South: Rural Residential East: Agricultural land West: 466 th Avenue (County Highway 105 formerly SD Highway 17), warehousing, agricultural land North: C Commercial South: A-1 Agricultural East: RR Rural Residential West: 466 th Avenue, C Commercial, and A-1 Agricultural Agricultural Area (Lincoln County Comprehensive Plan ) ATTACHMENTS 1. Oblique aerial photo/zoning Map 2. Application 3. Concept plan 1

6 Department of Planning and Zoning RZNE STAFF ANALYSIS CONSISTENCY WITH COMPREHESIVE PLAN 1. Whether the amendment is consistent with the applicable policies of the comprehensive plan. The proposed zoning would be generally consistent with the applicable policies of the Lincoln County Comprehensive Plan The property is designated as Agricultural Area on the future land use map. The property abutting to the east is zoned RR Rural Residential. The following goals and policies outlined in the plan apply to this proposal: Goals: A.1. A.6. A.9. Land Use Policy: B.3.4. B.3.5. B.3.8. To provide for orderly, efficient and economical development. To provide a choice of living environments for county residents. To promote aesthetically pleasing development in the agricultural areas. Restrict the density of residential uses within agricultural areas and direct higher developmental densities to municipalities and approved development areas. Preserve and protect the agricultural productivity of land by restricting the development to a residential density of not more than one building site per quarter-quarter section. Protect the agricultural areas from uses which interfere and are not compatible with general farming practices. 2. Whether the existing uses of property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification, where the amendment is to change the zoning classification of particular property. This property is near the intersection of 272 nd Street and 466 th Avenue. This properties to the north and at the intersection are zoned commercial. The 116 acre parcel directly to the east is zoned rural residential and will be developed as a housing subdivision. Staff feels this subject property could be developed as commercial or rural residential based on the existing development pattern. 3. Whether there are reasonable uses of the property in question permitted under the existing zoning classification, where the amendment is to change the zoning classification of particular property. The existing zoning does not allow a single-family dwelling. Since the property is adjacent to rural residential zoned properties, allowing rural residential uses is appropriate. 4. Whether there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its present zoning classification, where the amendment is to change the zoning classification of particular property. The character and trends of development in the general area have been commercial and rural residential uses. The proposed amendment is in the public interest because it is consistent with the goals and policies of the Comprehensive Plan, and its proximity to rural residential development. 2

7 Department of Planning and Zoning RZNE RECOMMENDATIONS Planning Staff Recommendation Zone Change: Staff recommends APPROVAL of the zoning change from A-1 Agricultural to RR Rural Residential for Tract 2 of Peter s Addition in the Northwest quarter (NW1/4) of Section 33, Township 100 North, Range 51 West of the 5th Principal Meridian, Lincoln County, South Dakota. If the Lincoln County Planning Commission concludes the public hearing and recommends approval, the Lincoln County Board of Commissioners would likely hold a public hearing in March to consider adoption of the zoning change. If recommended for approval, the Lincoln County Planning Commission s recommendation would include the following findings of fact: 1. The amendment is in conformance with the Comprehensive Plan. 2. The amendment is not in conflict with any other official controls. 3. The amendment will not be detrimental to the health, safety or general welfare. 3

8 Pictometry Oblique, from the south 4/27/2018 Zoning & Floodplain Layer Lincoln County Parcel Browser

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10 216 S. Duluth Avenue Sioux Falls, SD Phone: (605) Fax: (605) Y E A R S 469th Ave 468th Ave 271st St 272nd St / E 1st St 273rd St HOUSE CONCEPTUAL PLAN DICK PETERS SEC TEA, LINCOLN COUNTY, SOUTH DAKOTA S.D. HIGHWAY 17 BY: KJR, Concept Plan.dwg, Concept, REV DATE:, PRINT DATE: Jan 22, 2019 FUTURE / PROPOSED STORAGE UNITS PROPOSED GRAVEL DRIVEWAY PROPOSED HOUSE VICINITY MAP SEC PROJECT NO.: SURVEYED BY: CREATED BY: APPROVED BY: REVISION DATE: CONCEPT PLAN KJR KEL 467th Ave SITE 466th Ave

11 STAFF REPORT Prepared for the Lincoln County Planning Commission Agenda Item No. 4(b) February 19, 2019 LAND USE APPLICATION SUMMARY File No: Property Location: Applicant: Property Owner: Description of Proposal: Background: USE Skylane Drive Sioux Falls Todd Voss Todd Voss th St Brookings, SD The applicant is proposing to utilize the property for retail with outdoor storage. The applicant stated that they propose to display prefabricated accessory storage type buildings. The property is currently vacant. The property owner also owns the property to the north, and plans on accessing this property from the neighboring lot. A conditional use permit is required for retail sales in the C Commercial zoning district when outdoor storage is proposed. SITE DATA Existing Zoning & Land Use Lot Area Legal Description Adjacent Zoning & Land Use Designated Future Land Use C Commercial vacant 0.62 acre/26,980 sq. ft. Tract 22 of Sky Haven Heights in the Northwest quarter (NW1/4) of Section 30, Township 100 North, Range 50 West of the 5th Principal Meridian, Lincoln County, South Dakota. North: C Commercial retail, fireworks sales South: C Commercial warehousing East: C Commercial office/retail and vehicle service West: C Commercial airport Urban Expansion Area (2025 Future Land Use Map, Lincoln County Comprehensive Plan ) ATTACHMENTS 1. Oblique aerial photo/zoning Map 2. Application with findings submitted by the applicant 3. Site plan 1

12 CONDITIONAL USE PERMIT CRITERIA Department of Planning and Zoning USE STAFF ANALYSIS 1. The impact of the proposed use on adjacent properties shall be a major consideration. The proposed use should be generally compatible with adjacent properties and other properties in the district. The surrounding properties are generally utilized for commercial and industrial purposes. The proposal will be utilizing a vacant lot, and does not include any permanent structures. It is staff s opinion that the proposed use is compatible with surrounding property uses and any potential negative impacts on surrounding property can be mitigated through the conditions of approval. 2. Measures shall be taken to ensure that the proposed use does not alter the general character of the area or neighborhood. The proposal is in conformance with the character of the other land uses in the area. It is staff s conclusion that the proposal is generally in conformance with the Lincoln County Comprehensive Plan. 3. The effects of noise, odor, traffic, air and water pollution, and other negative factors shall be eliminated or controlled through the use of screening, setbacks, and orientation. The proposed use of retail sales with outdoor storage is unlikely to have detrimental effects; therefore, there would be no relative gain to the public health, safety and welfare if this request were denied. It is staff s conclusion that adequate conditions can be included with the permit to minimize any potential adverse impacts on adjoining property. The hardship imposed on the property owners if the CUP is denied would be that they would not be able to utilize the property for the proposed use they desire. 4. The conditional use is consistent with the applicable policies of the comprehensive plan. The proposed development would be consistent with the following general land use policies of The Lincoln County Comprehensive Plan: Land Use Goal: A.1 To provide for orderly, efficient and economical development. Land Use Policy: B.2.1 Promote optimum land use relationships and minimize land use conflicts. 5. The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located. If the requested land use application is approved, the proposal will comply with all provisions of the C Commercial zoning district and all, if any, specific development standards of the 2009 Revised Zoning Ordinance. RECOMMENDATIONS Recommendation: Staff recommends APPROVAL of Conditional Use Permit USE to allow retail sales and trade with outdoor storage contingent upon the following conditions: 1. The approval is for the project as described per Conditional Use Permit USE to allow retail sales with outdoor storage in accordance to the site plan as approved by the City of Tea. 2. The property shall be kept in a clean and orderly manner at all times. 3. The property owner shall not deposit any snow or improperly direct water onto neighboring properties. 4. The height of structures, materials, and equipment on the property shall conform to FAA height regulations. 5. All parking and access areas shall be in constructed in conformance to Article 15 of the 2009 Revised Zoning Ordinance. 6. If at any time the use ceases to exist, or changes ownership, the owner shall notify County Planning Staff. 7. The Planning Department reserves the right to enter and inspect the property at any time, after proper notice to the owner, to ensure that the property is in full compliance with the approved permit conditions and the Lincoln County Zoning Ordinance. If approved, the Lincoln County Planning Commission s approval would include the following findings of fact: 1. The Conditional Use Permit is generally in conformance with the Conditional Use Criteria in Section of the 2009 Revised Zoning Ordinance for Lincoln County. 2

13 Pictometry Oblique, from the south 4/9/2017 Zoning & Floodplain Layer Lincoln County Parcel Browser

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