HAMLIN COUNTY PLANNING COMMISSION & BOARD OF ADJUSTMENT STAFF REPORT HAMLIN COUNTY PLANNING COMMISSION

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1 TUESDAY January 30, :00 p.m. HAMLIN COUNTY PLANNING COMMISSION & BOARD OF ADJUSTMENT STAFF REPORT Item #1 Lake Norden Tax Increment Finance HAMLIN COUNTY PLANNING COMMISSION There will be a public hearing and Planning Commission action to recommend the formation of a Tax Increment District in the City of Lake Norden. The Tax Increment District would be created to assist in the development of infrastructure and improvements in the district with Agropur s expansion. ITEM #2 Rezone Owner/Applicant: Tim Bjorklund Property Description; A portion of East ½ of the Southeast ¼ of Section 36, T113N, R53W less Block 1 Petersen Addition, Block 1 Spilde Addition, and Dollar General Addition to be known upon platting as Block 1 of Bjorklund Addition of the 5 th P.M., Hamlin County, South Dakota. (Proposed to be platted into Block 1 Bjorklund Addition) Action Items Rezoning Section (Zoning Amendments) and sequent Plat approval Zoning Designation: A- Agricultural Request: Mr. Bjorklund requests to rezone a portion of his property (2.6 acres) from the Agricultural Zoning District to the Lake Park 1 District. History/Issue(s) 1. Staff Review of Application 1

2 a. General Location i. Bjorklund Plat (White) ii. Spilde Addition (Yellow) iii. Dollar General Addition (Green) iv. Lake Poinsett Sanitary Sewer District (Red Line) v. LP 1 District (Orange) b. Mr. Bjorklund proposes to rezone approximately 2.6 acres from AG to LP1 c. A portion of his property is currently zoned LP1 (NE portion). d. A portion of the property lays within the Lake Poinsett Sanitary Sewer District. e. Presently, Bjorklund s property is surrounded by LP1 i. County rezoned Block 1 (Spilde Additon property immediately west of Bjorklund s) from AG to LP1 in October ii. Bjorklund has no current plans for development of this property. 2. Staff recommends approval based upon: a. The comprehensive land use plan identifies this area as an area of development transition. b. Policies or issues to consider in the development of lake property include i. In areas of development transition adjacent to lakes, the subdivision and development of land will not be permitted without approved water and sanitary sewer services. 3. Staff Notes a. Per SDCL, notice was provided to adjoining counties and adjoining Hamlin County landowners. b. Any future development on this property will need to be connected to rural water and Lake Poinsett Sanitary. c. The Planning Commission will consider the impact upon county and township roads servicing any future proposed lake development. d. If Rezoned, 196 th Street may need to be improved prior to future development. e. Access to proposed Bjorklund Addition to be determined upon time of platting. Planning Commission Action: The Commission may: 1) Postpone the decision or 2) Recommend Approval to County Commission or 3) Recommend Denial to County Commission. ITEM #3 Plat Owner/Applicant: Tim Bjorklund Property Description: Block 1 Bjorklund Addition Action Items Plat Approval Zoning Designation: Currently AG, requested LP1 on Jan 30, Request: Mr. Bjorklund requests to plat 2.6 acres into Block 1 Bjorklund Addition. History/Issue(s) 1. Property currently zoned AG, proposed to be rezoned LP1 January/February Proposed Plat meets minimum lot area and lot widths. 3. Access to Block 1 is subject to Norden Township and/or State of South Dakota approval. 4. Staff recommends approval: The comprehensive land use plan identifies this area as an area of development transition. 5. Staff Note: a. Township approval is required for access and subsequent improvements to 196 th Street 2

3 b. State approval is required for access on US HWY 81. Planning Commission Action: The Commission may: 1) Postpone the decision or 2) Recommend Approval to County Commission or 3) Recommend Denial to County Commission. Item #4: Open Zoning Officer requests clarification on transfer of development rights and minimum lot requirements for residential development in the Ag zone. HAMLIN COUNTY BOARD OF ADJUSTMENT Old Business Item #1: Conditional Use Owner/Applicant: Josh Spilde Property Description: Block 1 Spilde Addition SE ¼ Section 36 T113N R53W Action Item Conditional Use Permit(s) Private Park, Campground ( ) and Commercial Storage garage ( ) Zoning Designation: LP1 Lake Park District Request: Mr. Spilde requests a conditional use permit to operate a RV Park and construct 4 commercial storage facilities. Staff Report: 1. Mr. Spilde owns Block 1 of Spilde Addition Plat approved by County in June of 2017 i. Bjorklund Plat (White) ii. Spilde Addition (Yellow) iii. Dollar General Addition (Green) iv. Lake Poinsett Sanitary Sewer District (Red Line) v. LP 1 District (Orange) 2. Mr. Spilde applied for a conditional use permit to develop a campground on 7/26/17. 3

4 3. At the September 5, 2017 BOA meeting the BOA determined that Spilde s property was not adequately zoned. Therefore, the Board was not able to act on this Conditional Use Request. Spilde was directed to apply for a rezoning in order to continue the conditional use permit application process. Mr. Spilde requested that the Conditional Use Request be postponed until he could get the property rezoned. 4. On October 13, 2017 the Planning Commission recommended approval of Spilde s request to rezone Block 1 of the Spilde addition to Lake Park. County Commissioners held public hearing and 1 st and 2 nd readings of Spilde s rezoning request. Rezoning became effective on December 5 th, At the November 13, 2017 BOA meeting Board was informed that Spilde would be presenting his conditional use permit request at the January 2018 BOA Meeting 6. Mr. Spilde wishes to develop an RV Park with approximately 96 pads at full build out. He also plans on constructing approximately 4 48 x150 storage buildings on the eastern side of the property 7. While there are no specific regulations governing the development of private campgrounds, Section allows the Zoning Officer to request information that may be applicable to any proposed use and Section allows the BOA to review specific requirements and apply conditions if necessary. 8. Spilde provided a detailed drawing identifying a) Location and dimensions of Camping Pads/sites; Name and location of all adjacent streets; Location of garbage and rubbish storage/disposal; Proposed interior circulation pattern and road width of all access roads to each campsite; Proposed open space; Dimensions of all buildings; Proposed grading and drainage plan and Proposed light poles location. 10. Spilde s application also addressed the following: a. The location of the proposed Campground is not situated over the aquifer. b. Water will be supplied by Kingbrook RWS c. Electricity will be supplied by HD Electric d. Septic waste will be disposed into the Lake Poinsett Sanitary Sewer District system e. The Campground proposes a single ingress/egress access point to 196 th Street. 196 th Street is a minimum maintenance township road. Spilde has an agreement in place with Norden Township f. Each camping pad will have an individual water and electrical hookups g. There are no plans for toilet and bathing facilities h. There will be on-site management i. Solid waste will be contained in dumpsters and collected by Cook s Wastepaper and Recycling j. The proposed safety shelter is Lake Poinsett Camp (We do not have confirmation from Lake Poinsett Camp) k. Grounds will be maintained by the on-site host l. Spilde intends to provide screening (fences/trees) to the adjacent residences east of the Campground when the eastern tier of development occurs. 11. Regarding the commercial storage buildings a. The proposed structures will meet the required side yard setback from the eastern property line b. Staff would recommend adequate lighting to be installed for the structures. c. Proposed commercial storage buildings are required to be built to IBC Documentation verifying compliance with 2015 Code is required. 12. Staff Recommendation Conditional Use Permit Private Park, Campground Commercial Storage buildings 4

5 a. Staff recommends approval of the request subject to the applicant signing a letter of assurance agreeing to maintain in accordance with information provided to the Board at this meeting and any conditions applied by the Board. Board Action: The Board may: 1) Postpone the decision 2) Deny the Request 3) Approve the request with or without conditions. ITEM #2 Conditional Use Owner/Applicant: John Hurley Property Description: S1,753 of the E1/2 of the SW ¼ of Section 25, T113N R53W of the 5 th P.M. Hamlin County SD less Lake Albert First Auxiliary Addition and less Pier 81 lagoon Addition and Less Pier 81 2 nd Addition and less that portion lying west and south of said Lake Albert First Auxiliary Addition, Pier 81 Lagoon Addition and Pier 81 2 nd Addition and less the E 855 feet of the S 1280, Less Pier 81 lagoon Addition and less Pier 81 2 nd Addition Norden Township. Action Item Conditional Use Permit Private Park, Campground ( ) Zoning Designation: LP1 Lake Park District Request: Mr. Hurley requests a conditional use permit to operate a RV Park. Staff Report: 1. Mr. Hurley has purchased the above described property on a contract for deed filed on June 2, Mr. Hurley applied for a conditional use permit to develop a campground on June 26, At the July 24, 2017 BOA meeting, after public testimony, the Board requested Mr. Hurley to come back with a more detailed plan. 5

6 4. At the September 5, 2017 BOA meeting the BOA determined that all of Mr. Hurley s property was not adequately zoned for a campground. Therefore, the Board was not able to act on this Conditional Use request. Mr. Hurley was directed to apply for a rezoning in order to continue the conditional use permit application process. Hurley requested that the Conditional Use request be postponed until he could get the property rezoned. 5. At the November 13, 2017 BOA meeting, Acting Zoning Officer Kays informed the Board that he had spoken with Mr. Hurley on October 24, Mr. Hurley does not intend to rezone his property and is in the process of amending his site plan for consideration by the Board in January. After discussion, the Board postponed action on Mr. Hurley s request until the January 2018 Meeting. 6. On November 14, 2017 Todd Kays sent a hard copy and to Mr. Hurley informing him that the Board would need an application with an attached list of items to be addressed submitted by January 1, Failure to update the application would result in the Board taking up Hurley s original previously postponed application request. Hurley was also informed that if the request was denied that he would have to wait six months to reapply. 7. While there are no specific regulations governing the development of private campgrounds, Section allows the Zoning Officer to request information that may be applicable to any proposed use and Section allows the BOA to review specific requirements and apply conditions if necessary. The Zoning Officer on November 14, 2017 provided Mr. Hurley with a list of requested information, at the time of this report no new information has been provided by Mr. Hurley. 8. Mr. Hurley provided a rough drawing with limited detail attached to the June 26 th 2017 Conditional Use application. a. The drawing does not show the location and dimensions of Camping Pads/sites; Name and location of all adjacent streets; Location of garbage and rubbish storage/disposal; Proposed interior circulation pattern and road width of all access roads to each campsite; Proposed open space; Dimensions of any associated buildings; Proposed grading and drainage plan or and Proposed light poles 9. Mr. Hurley s application does not adequately address the following: a. How will the site be accessed? i. The proposed site is currently adjacent to 453 rd Avenue (Norden Township Road) the road extends south of Mr. Hurley s property to Golf Course Road. It should be noted that this approximate 1,100 foot section of road is not on the county or township road system. The Township road system actually curves to the east for approximately ¼ mile and then extends south to Golf Course Road. Due to the condition of the township road, it is expected that most traffic would travel north of Golf Course Road on 453 rd Avenue to the proposed campground. If approved, Staff would recommend an access easement and maintenance agreement be developed between the Campground and owners of the existing road. b. Who will supply water? c. Who will supply electricity? d. How will septic waste be handled? i. It should be noted that the location of the proposed Campground is situated over the aquifer. Hamlin County Aquifer Protection Regulations require the campground to be connected to the Lake Poinsett Sanitary Sewer District. The County has not received any indication that the Sanitary Sewer District would take on Mr. Hurley s project. e. Will each camping pad will have an individual water and electrical hookups? f. Are there are plans for toilet and bathing facilities? g. Will there be on-site management? i. Mr. Hurley is moving a house onto the property to be used as an office 6

7 h. How will solid waste will be contained? i. What are the plans for providing access to a safety shelter? j. Who will maintain the site? 12. Staff Recommendation Conditional Use Permit Private Park, Campground a. Staff believes the application is incomplete for items not addressed within the staff report and provides the following recommendation(s) The Board may: 1. Ask Mr. Hurley to withdraw his application. Mr. Hurley would be allowed to resubmit a completed application at a subsequent date. 2. Inform Mr. Hurley that his application is incomplete and deny the application without additional public comment. Mr. Hurley would not be allowed to resubmit an application for a campground on this property for a period of six months. 3. Determine that the application is complete enough and proceed with a public hearing. 4. If a public hearing is held, then after the public hearing the Board may: a. Postpone the decision b. Deny the Request If denied Mr. Hurley would have to wait 6 months to resubmit an application for a campground c. Approve the request with or without conditions. ITEM #3: VARIANCE REQUEST Owner/Applicant: John Hurley Property Description: S1,753 of the E1/2 of the SW ¼ of Section 25, T113N R53W of the 5 th P.M. Hamlin County SD less Lake Albert First Auxiliary Addition and less Pier 81 lagoon Addition and Less Pier 81 2nd Addition and less that portion lying west and south of said Lake Albert First Auxiliary Addition, Pier 81 Lagoon Addition and Pier 81 2nd Addition and less the E 855 feet of the S 1280, Less Pier 81 lagoon Addition and less Pier 81 2 nd Addition Norden Township Action Item Variance Supplementary "LP" Lake Park District Regulations - Moved in Buildings ( ) Zoning Designation: LP1 Lake Park District Request: Mr. Hurley requests a variance which would allow him to place a moved-in building on the abovedescribed property without obtaining signatures from 100% of adjoining landowners Staff Report: 1. Mr. Hurley has purchased the above described property on a contract for deed fled on June 2, 2017 a. Insert map with house on there. 2. Mr. Hurley applied for a building permit to move a house (not of new construction) on the above described property on June 13, Hamlin County Zoning Officer Gustafson signed a building permit to Mr. John Hurley on June 13, 2017 to allow for a home to be moved on the above property 4. Zoning Advisor, Todd Kays, received a letter dated August 17, 2017 from Denyce Campbell regarding the validity of a permit issued by Hamlin County Zoning Officer on June 13, The letter addressed several 7

8 issues regarding compliance with the County s Zoning regulations. Mr. Kays informed Ms. Campbell that his initial reaction was that the complaint was filed after the 30-day appeal period allowed by State Law. Kays also stated that it wasn t in his sphere of responsibility to review previous permits as he was not the formal zoning officer for the county. 5. On September 5, 2017 Hamlin County received a letter from Lori Hopkins, personal representative for Harlan and Carol Olson. The letter was in reference to a proposed campground on the site where Mr. Hurley had previously been issued a permit for the moved in house. The letter also stated that Mr. Hurley had not received a required sign off for the moved in residential structure. 6. At the September 18, 2017 Board of Adjustment meeting the Board was asked to determine the actual date of building permit 1446 for a residence issued to Mr. Hurley. The Board decided that it was appropriate to have Mr. Hurley present to discuss the permit Further, the Board informed the Board of County Commissioners to send a cease and desist letter to Mr. Hurley and invite Mr. Hurley to a meeting on October 16, 2017 to discuss his permit. 7. At the October 16, 2017 BOA meeting, Acting Zoning Officer Kays asked for a determination of whether Mr. Hurley had obtained adequate number of signatures. Kays pointed out that Mr. Hurley lacked 4 signatures from adjoining property owners. Hurley addressed the board and stated he had done everything he was told and was not aware of the need to obtain additional signatures. Mr. Hurley asked if he could finish the roof on the house. After discussion, the Board provided Hurley 30 days to obtain and submit required signatures. Further if Hurley could not obtain the signatures within 30 days, Hurley was to remove the structure or request a variance from the signature requirement. Hurley was further allowed to finish the roof at his own peril. 8. At the November 13, 2017 BOA meeting, Hurley was not present and had not provided 4 outstanding signatures. Kays stated that one signature from SDGFP had been received and that Hurley had told Kays that he had contacted two landowners in Brookings County and was under impression they would sign. Kays also stated that he was told by a representative of the Olson property that they would not sign the waiver. After discussion the Board approved a motion that would allow Mr. Hurley the option to apply for a variance from the signature requirement, subject to updated application be submitted by January 1, 2018 and notice provided. 9. Hurley made application for a variance on December 13, Hamlin County Zoning Ordinance requires any moved-in building which is not new be required to obtain signatures from 100% of the adjoining landowners prior to moving the building. There are 7 parcels of land adjoining Hurley s Property. 11. Hurley has obtained signatures from landowners owning 6 of the 7 adjoining parcels. Hurley obtained signatures from Tim Lee, John Hall and Roger Anderson in June of He received a signature from Mike Klosowksi (representing SDGFP) in October of He received signatures from Rick Stevens, Ryan Hemmestad and Lonnie Willert in November Hurley has not obtained a signature from Harlan and Carol Olson or their representative. Kays was informed in November by a representative of the Olson property that they would not sign the waiver. 13. Staff Recommendation Variance Supplementary "LP" Lake Park District Regulations - Moved in Buildings, ( ) 8

9 a. Staff is not aware of the County previously relaxing the signature requirement. b. Since it is believed that this requirement has not been issued a variance in the past, Staff believes that the proper protocol would be for the County to amend its zoning ordinance through the normal adoption process as opposed to establishing a new requirement via a variance. c. If approved, Staff recommends the Board to instruct staff to prepare an amendment to the County s Zoning Ordinance addressing this issue. d. If denied, the Board could still instruct Staff to prepare an amendment for the Planning Commission and County Commission to consider. The Board could further allow Mr. Hurley to reapply for a variance under the new rules, if approved by the County Planning Commission, and County Commission. The Board may: 1) Postpone the decision 2) Deny the Request 3) Approve the request New Business ITEM #1 Conditional Use & Variance Applicant: H& W Properties by Kyle Waliezer Owner: Gale Nitteberg Property Description; Outlot 2 of the NW ¼, Section 19, Township 113N, Range 52W of the 5 th p.m. in Hamlin County, South Dakota. Action Items a. Conditional Use Conditional Uses in CI District ( ) b. Variance Front Yard Setback ( a) c. Variance Performance Standards for Aquifer Protection Overlay Zones ( ) Zoning Designation: CI Commercial/Industrial Request: Mr. Waliezer has submitted a conditional use permit to construct a Convenience Store/Service Station. He has also requested variances from the Front Yard Setback on 193 rd Street as well as a request to store underground petroleum tanks in Zone B of the Aquifer Protection Overlay Zone. History/Issue(s) 1. Staff Review of Application a. General Location Black Dot with overlay of Zone B Aquifer Protection Overlay Zone. 9

10 b. Conditional Uses: i : Conditional Uses in the CI District: #20 Convienience Store/Service Station ii. The property is located within Zone B of the Aquifer Protection Overlay District (see 2b) iii. Mr. Walizer has provided site plans for what H&W is proposing as a full commercial Convienience Store/Service Station to be located on Highway 81 similar to Kones Korner. iv. Mr. Walizer s proposed use of a Convienience Store/Service Station is generally compatible in the Commercial/Industrial district. v. Mr. Walizer s plans have outlined that 193 rd street and US HWY 81 will have entry and exit points. There is currently not an entry point directly on US HWY 81. Mr. Walizer expressed interest in placing an access point on US HWY 81. Mr. Walizer understands he must apply for a State general permit through the SD Department of Transportation Highway Division. vi. The proposed plans include adequate parking for customers to access the store. vii. Mr. Walizer has not specified where the utlities will be placed upon the property. viii. Mr. Walizer has not specified any intent for fences or buffering on the property. ix. Mr. Walizer has proposed to place a pole sign in the SW corner of the lot. x. Mr. Walizer s proposed layout provide enough space for cars, trucks, and semi-trailers to have adequate turn around space throughout the lot. xi. The lot is 1 of 2 commercially zoned property in Hamlin County (Kone s Korner) Adjacent properties are all zoned Agricultural and are used for crops. There are 4 dwellings within a ½ mile of the lot. xii. US HWY 81 will provide adequate access to the transportation demands of the proposed use. 193 rd Street is a gravel road and is not very well maintained. Mr. Walizer has stated they will plan to pave the road to the end of the property as well as level out the ditch to make one long approach. xiii. SDCL requires all commercial buildings to be built to IBC standards. Documentation verifying compliance with IBC Standards is required. xiv. 2. Variances a A: Front Yard Setback. i. Mr. Waliezer is requesting a 45 setback from the township road in order to construct main building on lot with space for gas islands, parking, and petroleum tanks. ii. Mr. Walizer has talked with the township supervisor about 193 rd street and agreements to be made about maintinence and future pavement of the road. Documentation of agreement has not been received. b : Zone B Aquifer Protection Zone: The proposed site is located over Zone B of the Aquifer Protection Zone which has specific performance standards. i. Performance Standards: Storage of petroleum products in quantities exceeding one hundred (100) gallons at one locality in one tank or series of tanks must be in elevated tanks; such tanks larger than eleven hundred (1,100) gallons must have a secondary containment system where it is deemed necessary by the County Zoning Office. ii. Applicant could use above ground storage and not need to obtain a variance. iii. Applicant requests the ability to use underground storage tanks for petroleum fuel storage in excess of 1,100 gallons. iv. The Zoning Officer spoke with a representative of DENR and they stated a secondary containment system is required for all petroleum storage tanks over the Zone B Aquifer protection zone. v. Regardless of the placement (above or below ground) of the storage tanks, DENR approval is required. 3. Staff recommendation: Addressing the variances individually before addressing the conditional use permit. 10

11 a. Front Yard Variance i. At the time of this report, staff has received no complaints from adjoining landowners or township officials. The Board needs to determine lack of objection from the Township warrants justification in the case of decreasing the front yard setback on a piece of commercially zoned property on a township road. b. Aquifer Performance Standards Variance i. SDDENR has authority over water quality. Based upon correspondence with SDDENR, the State allows for the construction of underground petroleum storage tanks over the shallow aquifer built to their standards. c. Conditional Use Permit i. The applicant, along with information available to the Board through the zoning office, has provided information regarding this request. The Board will have to determine whether that information is sufficient to warrant issuing the permit. Staff has suggested conditions to ensure the requirements of the zoning ordinance are met, but recommends the Board review whether other conditions are necessary or proposed conditions are irrelevant to this request. Board Action: Front Yard Variance: The Board may: 1) Postpone the decision 2) Deny the Request 3) Approve the request with or without conditions. Aquifer Protection Standards Variance: 1) Postpone the decision 2) Deny the Request 3) Approve the request with or without conditions. Conditional Use Permit: 1) Postpone the decision 2) Deny the Request 3) Approve the request with or without conditions. Staff recommends approval of the request subject to the applicant signing a letter of assurance agreeing to maintain in accordance with information provided to the Board at this meeting and any conditions applied by the Board. Specifically, the following: a. South Dakota Department of Environment and Natural Resources (SDDENR) approve of the plans for fuel storage tanks. b. Grantor agree to a Haul Road/Construction Agreement with Norden Township prior to the issuance of any building permits associated with this request. i. On or before January 30, 2023 the Grantor shall pave (asphalt or concrete) 196 th Street from its intersection with US HWY 81, to the easternmost edge of the access to 196 th Street. c. Grantor shall submit documentation that all structures will be built in accordance with the latest version of the International Building Code d. Septic Tanks and other wastewater shall be managed in accordance with SDDENR requirements. Item #5: Variance Owner/Applicant: Todd Donely Property Description: Siouxland 2 nd Addition, Lot 1 & 2, Section N-53W Action Item: Front yard Setback ( ) Zoning Designation: LP1 11

12 Request: Mr. Donely is requesting a variance on front yard setback to his property (Siouxland on US HWY 81) to construct an addition to the existing structure. History/Issues: 1. Staff Review of Application: a. General location: a. Siouxland proposes to construct an addition to the north side of the existing structure. The proposed expansion is line with current structure. b. The front yard setback from the road requirement is 30 in this case. Mr. Donely is requesting a 10 variance. c. The existing structure was originally constructed closer to US HWY 81 closer than is currently allowed by ordinance. d. The structure was added onto the south in Mr. Donely believed there was a variance granted to this property back in the early 1990s under a different property owner, yet the Zoning office was not able to find any such record granting a variance to this property or any owners. e. SDCL requires all commercial buildings to be built to IBC standards. Documentation verifying compliance with IBC Standards is required. 2. Staff recommendation: a. Front Yard Variance i. At the time of this report, staff has received no complaints from adjoining landowners or State officials. The Board needs to determine whether previous county permits for original construction in the existing location as well as additions to the south side of the building in line with the proposal and the lack of objection by State officials warrants justification in the case of decreasing the front yard setback on a piece of commercially used property in the Lake Park District on a State Highway. ii. There have been examples of the County issuing similar variances in the Lake Park District. 4. Board Action: Front Yard Variance: The Board may: 1) Postpone the decision 2) Deny the Request 3) Approve the request with or without conditions. i. Grantor shall submit documentation that all structures will be built in accordance with the latest version of the International Building Code 12

13 ISSUE # 6 CONDITIONAL USE AND VARIANCE Applicant/Owner: Gwen Tekrony Living Trust (by Wayne Tekrony) Property Description: Section 22-T115N-R51W (Hamlin Township) Request: The Tekrony s seek a Class A CAFO permit to combine 2 separate feedlots (one portion previously permitted by Hamlin County) within the same section with one portion less than one-half mile from an established residence. Action Items 1. Conditional Use - Class A CAFO ( ) 2. Variance Required Class A CAFO Setbacks ( ) Zoning Designation: Agricultural History/Issue(s): Specifics of Request: 1. The Tekrony s currently operate two CAFO s in Section 22. a. In the SW1/4: 600 head Dairy permitted by Hamlin County in March of This site, including the manure lagoon, was reviewed by Department of Environment and Natural Resources with requirements of installing downstream monitoring wells. This site is less than the required 1/2 mile setback for a Class B CAFO from the neighbor across the road to the west. There are no changes to this site proposed as a part of this permit. This site is built for 600 milking cows, 100 dry cows, and 350 calves. b. In the NE1/4: a feeder/heifer open lot is operated in the NE corner of this quarter. This site will be abandoned, and will be moved west toward the middle of the section but remain in the NE1/4. This site will be built to accommodate up to 600 heifers and 400 steers at the same time. c. Manure management is separate for both sites. d. Feed sources/storage and nutrient management are combined and the applicant will be applying for a State General Permit from DENR pending approval by Hamlin County. e. Since no changes are proposed to the existing Dairy Site at this time, the following information is mostly in reference to the east site. 2. The current site in the NE1/4 would be difficult to retrofit to manage stormwater, so the whole open lot is being moved west. 3. Based upon best available data supplied by FEMA, a 25-year rain event will not result in significant ponding/running of water under current conditions at the planned new open lot (water did run through the 13

14 current lot.) FEMA s information does indicate a small amount of area that would result in between 1 8 west of, but not on the site proposed for the addition. 4. None of the existing site, nor proposed site is located over the shallow aquifer. 5. The improvements consist of: a. Abandonment of existing heifer lot. b. Construction of (5) 280 x 200 (open) lots with concrete feedbunks on the north edge located 170 from 181 st Street. c. Construction of (5) 100 x 100 (open) lots d. Grading of the site to divert most stormwater around the lots. e. Stormwater from the lots will flow toward the southeast overland to a settling basin south of lot 5 (furthest east lot). f. Solids settle out (cleaned ~once a year and spread) and liquid drains through gravity drain (pvc) into the lagoon. g. 8 Test hole/soil samples were drilled near or in the proposed lagoon to determine the site was suitable for the lagoon. 6. One established residence is located less than 1/2 mile from the existing Dairy Barn site on the west side of the section for which permit was granted in No established residences are located less than 1/2 mile (or even half mile) from the proposed location of the moved open lots. 7. Most common haul route for the feedlot includes 181 st Street east and west; and 463 rd Ave north and south. The roads are maintained by Hamlin Township. Ordinance and Comprehensive Land Use Plan regarding this request: 1. The Comprehensive land use plan supports the development of special agricultural uses such as CAFO s subject to rules for the protection of environmentally sensitive areas (Aquifer Protection and Floodplain Regulations); protection of water features (supported by requirements for CAFO s to be reviewed by DENR); to avoid conflict with urban areas (establishment of and ability for communities to waive setback requirements.) 2. The request is move an existing feeder/heifer lot on the same property and formally combine the nutrient management plan for the dairy and heifer lot. (Combine the two sites on paper based on the use of a single nutrient management plan.) a. Since the Zoning Ordinance does not separate calves from feeder cattle; the total number of animal units for each site is as follows: i. West Site: 1,308 Animal Units ii. East Site: 1,000 Animal Units 3. None of the proposed east lot is over the aquifer protection district. 4. The applicant will be submitting engineering and nutrient management plan to SDDENR for a State General Permit pending review decision of this Board. 5. The Board shall consider the following in determining whether the proposed CAFO will create a significant contribution of pollution: a. Size of feeding operation and amount of manure reaching waters of the state i. Historically the Board has relied in determination of SDDENR in reference to this question since waters of the state are under their jurisdiction. ii. The project engineer certifies that zero manure from the operation will leave the open lots. As described above, stormwater from the lots travels overland to a sediment basin where solids are separated out; then liquid is drained and stored in the lagoon before eventually being spread through the irrigation pivot iii. Stormwater originating off-site is intended to pass around the feedlot, mostly west of the feedlot on the applicant s property. b. Location of feeding operation in relation to waters of the state i. A USGS Blue-line (waters of the state) passes through the south half of this section, but containment is intended to keep process water from reaching the blue-line. 14

15 c. Means of conveyance of manure and process wastewater into waters of the state i. See items a. and b. ii. Typically the Boards rely on determination of SDDENR in reference to this question since waters of the state are under their jurisdiction and this is a component of the State General Permit review. d. The slope, vegetation, rainfall and other factors affecting the likelihood or frequency of discharge of animal wastes and process wastewater into waters of the state. i. Property in all directions from this site is used for crops. A tree line is currently located downstream (between the lots and the blue line) which could act as a vegetative buffer for stormwater. ii. Finished grading is intended to contain process water in lagoons and allow stormwater to pass by the property in similar volumes to pre-development conditions. iii. Rainfall for this area is similar to the rest of the county iv. Historically the Board has relied in determination of SDDENR in reference to this question since waters of the state are under their jurisdiction and this is a component of the State General Permit review. 6. A nutrient management plan is required. a. Nutrient management plan has been prepared by a licensed Agronomist and submitted. b. Fields in the nutrient management plan are expected to change (per the applicant and based upon the zoning ordinance.) c. The agronomist certifies that the land currently used for spreading is sufficient for spreading the manure generated. 7. A manure management plan is required a. The applicant s agronomist and engineer prepared the manure management plan. It included: i. A site plan ii. Operation procedures and maintenance of manure facilities for existing and proposed facilities. iii. Verified that no containment is intended to store waste for more than two years iv. Final as-built plans will be submitted to the zoning officer following review by SDDENR. v. Plans specify manure will not be stored more than 2 years. vi. Plans specify records on manure application will be kept and document that acceptable manure and nutrient management practices have been followed. 8. A Management plan for fly and odor control. a. Completed i. Operational plans for manure collection storage, treatment are expected to be updated and implemented ii. Applicant has a composting site at the dairy (west site) for death loss from both the east and west sites which is screened by trees and the barns from adjacent landowners. Part of the plan for the east site is to construct a monoslope composting building for death loss to be composted in for both sites. This will be a later phase, but will move the composting outside the setback area of any established residences. iii. No new trees are proposed with the new facilities. iv. Manure and odor plan plans for removing manure from pens. v. It is the intent to avoid spreading manure on weekends, holidays, and evenings on warm days. vi. It is the intent to avoid spreading on calm and humid days. 9. The site is greater than suggested separation distances for Churches, businesses, commercially zoned areas, Town Districts, Incorporated municipalities, private wells other than the operator s, and lakes and streams classified as fisheries. 10. Setbacks for this CAFO (combined) are being applied as Class A setbacks from each individual feedlot (east and west). The proposed open lot addition in the NE1/4 meets or exceeds all required setbacks. 11. The existing Dairy Portion of the operation (west site) is located less than 1/2 of a mile from an existing residence. This site was permitted in 2013 by Hamlin County, and no changes are proposed to the operation 15

16 from that time. At the time of this report the applicant had not heard back from the affected neighbors regarding their intent to sign a waiver of suggested setback. a. The ordinance allows the Board to decrease setback/separation distances after: i. A review of past management practices and proposed manure handling facilities ii. It determines the waste handling practices and improvements will have little or no impact on affected properties iii. Reviewing affects of topography and/or prevailing winds in reference to affected properties iv. Reviewing the proposed expansion and how it may affect the adjacent properties v. In reference to all of the above; there is no record of past complaints against this operation; the improvements will lead to state permit review (where they have not been reviewed by the state in the past), and all of the changes in this case are occurring outside the required setback area. (No changes are occurring inside the setback area.) 12. The existing and proposed facilities meet the minimum setbacks from rights-of-way. 13. The Board has historically accepted proposed setbacks of facilities where they can meet suggested minimums or variances have been issued. 14. Review of Specifications and nutrient management plan by DENR. a. Applicant is required to keep and maintain records of fields to receive manure, utilize adequate acres for the spreading of manure in accordance with state general permit standards, and adhere to minimum manure application setbacks. 15. All information required of the applicant in Section were provided. 16. Information on soils, shallow aquifers, wellhead protection areas and floodplain (provided) 17. Staff notified Hamlin Township, in charge of maintenance of 181 st Street and 463 rd Ave maintenance. 18. Staff notified Sioux Rural Water of the request. (Rural Water Supplier.) 19. The zoning office notified owners of property within one-mile of the site. 20. Tekrony intends to apply the water from the proposed storm-water lagoon from his irrigation pivot located in the NW1/4 of this section. The Conditional Use Permit will need to address both the irrigation and CAFO permit. Staff Recommendation Variances: Variance to the Required minimum setback from residences for Class A CAFO s: The board, utilizing one motion could approve, deny or table the variance requests. If approved the Board may use the following findings: The Board reviewed the requirements of Section e.ii and finds satisfactory provision to those requirements has been made. Specifically: o The proposal improves the manure management capabilities of the east open-lots o The proposed changes are located greater than the minimum setback from any established residences. o A permit was granted to allow the operation of the west dairy site, now proposed to be combined with the east site, which is the only portion located less than 1/2 of a mile from the neighboring property. o No complaints or objections were received from the affected neighbor. Conditional Use Permit Class A CAFO with spreading of process water through irrigation pivot: The Board may table the request, deny the request or approve the request. If approved, the staff recommends, at a minimum, the following conditions to be included in a letter of assurance. 1. This Conditional Use Permit authorizes the use of this property for a Concentrated Animal Feeding Operation for up to one thousand four hundred (1,400) animal units for the Mature Dairy Cattle and 16

17 calves at the West site, and up to one thousand animal units for Feeder Cattle/Replacement Heifers at the proposed new east site for a combined two thousand four hundred (2,400) animal units. 2. Any expansion to allow over one thousand four hundred (1,400) animal units at the west site; or over one thousand (1,000) animal units at the east site will require a new conditional use permit action. 3. Nothing in this permit is intended to relieve the applicant of the requirements upon the applicant with approval of the west site on March of The grantor may keep the existing Dairy Site stocked prior to receiving a General Permit from SDDENR. 5. The grantor may keep the existing east Feeder Cattle/Replacement Heifer lot stocked prior to receiving a General Permit from SDDENR. 6. The grantor may stock with the maximum number of animals for which the open lots, holding pond, and settling basin are designed and permitted for by SDDENR upon providing documentation to the zoning officer than a General Permit has been granted. 7. The grantor agrees to abandoning the existing east open lots within thirty (30) days of stocking the new open lot. 8. The applicant agrees to comply with the submitted nutrient management plan, fly and odor management plan, and manure management plan. 9. The conditional use shall be in effect only as long as sufficient land specified for spreading purposes is available for such purposes and other provisions of the permit are adhered to. 10. Applicant shall provide updated information regarding fields included in the nutrient management plans upon request by the Zoning Officer. 11. Haul road agreements with Hamlin Township shall be provided for the use of 181 st Street and 463 rd Ave for primary haul routes. Unless otherwise agreed to between the township and the applicant, Hamlin County requires the Grantor to abide by the following terms to be included in the Agreements: a. Unless otherwise agreed upon between the grantor and Hamlin Township, the grantor shall be responsible for any costs associated with extraordinary maintenance and graveling on the portion of 181 st Street and 463 rd Avenue used for the hauling of manure, feed, etc. for the operation, which are hereby designated as the primary haul roads, and b. Unless otherwise agreed upon between the grantor and Hamlin Township, all road work whether customary or extraordinary shall be done under the authority and supervision of the Township and meet its specifications. The work shall be done through the applicable contractor unless the Grantor receives prior authorization from the applicable road authority to conduct its own repairs or maintenance. c. Hamlin Township shall be responsible for all ordinary snow removal on 181 st Street and 463 rd Avenue on the same basis as provided to the remainder of the Township. Any additional snow removal deemed necessary for the Grantor to continue its operations is hereby authorized to be done at Grantor s expense. d. The Grantor acknowledges that, to the extent already provided for by the law, and further acknowledges that it shall be responsible for any and all damages to applicable road authority roads or road right-of-ways due to the result of the Grantor s operations (i.e. Delivery of feed, silage chopping or manure disposal). Work will be done on the same basis as specified hereinabove. However, no unique standard or obligation not otherwise provided for by law is created by this acknowledgment. e. The Grantor may have an Agreement with a contractor for cutting silage or forage, or for hauling manure and shall notify the Townships in advance of manure hauling or chopping by listing the roads that will be traveled. f. The Township and applicant may review and assign new haul routes on an annual basis. 12. In the event the haul road agreements hereinbefore described are not executed, the grantor, his heirs, assigns or successors in interest of the Grantor agree that all of the terms and conditions of Item 11 are to be deemed a covenant running with the above-described property. Furthermore, it is agreed that, in 17

18 accepting title to the above-described property any grantee, heir, assign, or successor in interest to the undersigned expressly agrees to be bound by the terms of Item The manure management facilities associated with the east and west sites will each have capacity to provide manure containment for the number of cattle occupying the respective sites for at least 270 days. 14. The Grantor shall comply with established minimum manure application setbacks when spreading manure generated from the CAFO. 15. The conditional use shall be in effect only as long as sufficient land specified for spreading purposes is available for such purposes and other provisions of the permit are adhered to. 16. The Conditional Use Permit is transferable. Subsequent owners/operators will be required to agree to the terms of this permit. 17. Violation of the terms of this conditional use permit will be determined by the Hamlin County Zoning Officer. a. The first violation substantiated by the Zoning Officer of this conditional use permit may result in a notification letter stating the violation and a prescribed period of time to remove the violation. A second violation occurring within one calendar year of the previous violation may result in a review of the validity of the conditional use permit and potential revocation of said permit. A third violation within one calendar year of the initial violation may result in revocation of the conditional use permit and cessation of all feeder operations within forty-five days (45) of notice of revocation. b. The applicant may make appeal from the decision of the Zoning Officer or other agent of the Hamlin County Board of Adjustment to the Codington County Board of Adjustment. The applicant shall file with the Zoning Officer a notice of appeal specifying the grounds thereof. The Zoning Officer shall forthwith transmit to the Board of Adjustment all papers constituting the record upon which the action appealed from was taken. Such appeal shall be taken within thirty (30) days. Appeals from the Board of Adjustment shall be taken to Circuit Court. c. Failure to comply with the decision of the Zoning Officer or other agent of the Hamlin County Board of Adjustment may be deemed a separate violation. 18. All of the terms and conditions herein shall extend to and be binding upon the heirs, assigns, or successors in interest of the Grantor, and are to be deemed a covenant running with the above-described property. Furthermore, it is agreed that, in accepting title to the above-described property any grantee, heir, assign, or successor in interest to the undersigned expressly agrees to be bound by the terms of this agreement which shall, upon its execution, be recorded with the Hamlin County Register of Deeds Office. ISSUE #7 CONDITIONAL USE AND VARIANCES Applicant: Riverview LLP Owner: Jon and Deborah Anderson Property Description: SE1/4, Section 15-T113N-R55W, Hamlin County, South Dakota. (Garfield Township) Action Items: Conditional Use - Class A CAFO ( ) Variance Required Class A CAFO Setbacks ( ) Zoning Designation: A - Agricultural Request: Riverview requests to operate a 9,500 head dairy less than 2,640 feet from two established residences, less than 15,400 feet from the City of Bryant, less than 150 feet from 440 th Avenue, and less than 300 feet from SD HWY

19 History/Issue(s): Specifics of Request: 1. Riverview requests to operate a 9,500 head (Jersey) Dairy (13,585 Animal Units) on the above described property owned by Jon and Deborah Anderson (Anderson signed application). 2. General site information: a. 160 acre parcel b. Site plan covers nearly all of the property except low areas in the west and southwest portion of the lot. c. Substantial fill will be required to raise portions of the site (the west portion of the feedpad will be raised over 20.) d. Currently, drainage from this property generally exits the property to the south and continues east. The northern portion of the lot has some low-lying areas that gradually drain toward a pothole north of the site. e. Information from FEMA indicates that in a 25-year rain event (~2.5 inches) results in some water pooling on the northern portion of the lot but substantial drainage (up to 4 feet of water) in two drainageways in the southern portion of the lot and water will pond in the southwest corner of the lot. 3. The applicant operates a Dairy near Veblen, SD and others in Minnesota. 4. This proposal preliminarily includes the following site improvements: a. 1,500 x 600 Freestall Barn and 210 x 124 Milking Parlor. b. Concrete pad for feed storage (covered) c. 3 outbuildings d. 3 Manure Storage Ponds (1 1.5 acres; 2 covered and 9.6 acres) i. Designed to provide for greater than 270 days of storage e. 2 Stormwater lagoons/basins (5.7 acres and 1.4 acres) i. Required by DENR to contain 25-year stormwater. f. 1 Feedpad run-off pond (covered and 4.4 acres) g. 450 x 810 area for storing feed outside of required setbacks, at the south end of the lot. 5. The City of Bryant is located less than 15,400 from the proposed CAFO. Riverview has submitted a waiver of separation distance from the City of Bryant based upon decision of the City Council of the City of Bryant (12/4/2017). 6. Two residences are located less than 2,640 from the proposed CAFO. Riverview has submitted waivers of separation distance requirement signed by the two affected residence owners with the application. 19