1. Roll Call. 2. Minutes a. May 29, 2018 Regular Meeting. 3. Adoption of the Agenda. 4. Visitors to Be Heard

Transcription

1 1. Roll Call City of Vermillion Planning Commission Agenda 5:30 p.m. Regular Meeting Tuesday, May 29, 2018 City Council Chambers 2 nd Floor City Hall 25 Center Street Vermillion, SD Minutes a. May 29, 2018 Regular Meeting. 3. Adoption of the Agenda 4. Visitors to Be Heard 5. Public Hearings a. Ordinance 1382 to amend Section Mobile Home Placement Standards to create an exception allowing placement of mobile homes. b. Consideration of Madison Park neighborhood plan. 6. Old Business 7. New Business 8. Adjourn WELCOME TO YOUR PLANNING COMMISSION MEETING If you wish to participate in the discussion, the meeting provides several opportunities. After the minutes are approved, the Chairperson will ask if any visitors wish to be heard. Any item not on the agenda may be discussed. During the discussion of agenda topics, anyone may comment. The Chairperson will recognize you if you raise your hand. Please introduce yourself with your name and address when addressing the Planning Commission. Discussion occurs before motions are made and seconded. Discussion also occurs after the motion is seconded and before the vote. You may participate each time if you wish. Your suggestions and ideas are welcome. The best decisions are made when everyone participates and provides information. Meeting Assistance: The City of Vermillion fully subscribes to the provisions of the Americans with Disabilities Act of If you desire to attend this public meeting and are in need of special accommodations, please notify the City Manager's Office at at least 3 working days prior to the meeting so appropriate auxiliary aids and services can be made available.

2 Unapproved Minutes Vermillion Planning Commission Monday May 29, 2018 Regular Planning Commission Meeting The regular meeting of the Vermillion Planning Commission was called to order in the Large Conference Room at City Hall on May 29, 2018 at 5:30 p.m. 1. Roll Call Present: Fairholm, Forseth, Manning, Muenster, Tuve, J. Wilson, H. Willson. Absent: Oehler, Iverson. Staff present: Jake Losinski (Assistant to the City Manager), Jose Dominguez (City Engineer), Dan Voss (Administrative Intern). 2. Minutes a. May 14, 2018 Regular Meeting. Moved by Commissioner Tuve to adopt May 14, 2018 Regular Meeting Minutes, seconded by Commissioner H. Willson. Motion carried Adoption of the Agenda Moved by Commissioner H. Willson to adopt the agenda as printed, seconded by Commissioner Fairholm. Motion carried Visitors to be Heard None 5. Public Hearing a. Petition to Rezone Urup Tracts A and B of Lot 2, Gov t Lot 1 SE ¼ NW ¼ Misc, City of Vermillion, Clay County, South Dakota, from GB General Business District to R-3 Residential District (also known as 707 N Plum and 713 N Plum) Jake Losinski, Assistant to the City Manager, explained that 707 N Plum and 713 N Plum (Plum Villa Apartments) consisting of five multifamily residential buildings each with 12 units, were located in a B-1 district which allowed residential uses prior to the City wide rezone in 2008 when the area was rezoned to General Business which made the residential units a non-conforming use. Losinski stated that in January 2018, Pam Jacobson, on behalf of Plum Villa LLC, filed a Petition for Zone Change to rezone 707 N Plum and 713 N Plum from the GB General Business District to the R-3 Residential District. Losinski reiterated that at the May 14 th meeting, Planning Commission heard from Sean Brady, of Plum Villa LLC, who reported that the University of South Dakota, who makes up over 70% of the aggregate area surrounding the property, had declined to sign the Petition for Rezone. Losinski said at that time, the Planning Commission voted to waive the requirement for 45% requirement and scheduled the public hearing.

3 Referring to a map of the area, Losinski explained that Plum Villa Apartments are surrounded by the University to the west, General Business to the south and R-4 districts to the north and east. Staff believes that the existing buildings are compatible with the adjacent uses. Losinski concluded that Planning Commission is asked hold a public hearing and recommend approval or denial for the proposed rezone and the City Council will consider this petition at the June 4, 2018 meeting. Commissioner Forseth opened the floor for public comment. Mr. Sean Brady, 930 Crestview Drive, stated he is part owner of the property listed and would like to see the property to zoned R-3 so it can continue to be used as is. Brady stated that if the land is not rezoned R-3 the property will not be able to be sold, refinanced or insured, placing a significant hardship on the owners. Motion to recommend approval to rezone 707 N Plum and 713 N Plum (Plum Villa Apartments) by Commissioner H. Willson, seconded by Commissioner Manning. Motion carried 7-0. b. Petition to Rezone Block 1, Urup s University Addition, & the N 50 of E of S 263 E ½ NE ¼ , Misc, City of Vermillion, Clay County, South Dakota, from GB General Business District to R-3 Residential District (also known as 720 N University Street and Cherry Lane Apartments). Jake Losinski, Assistant to the City Manager, explained that Cherry Lane Apartments, also known as 720 N University, consists of a total of 48 dwelling units split between 6 different addresses (mix of 6 and 12 plexes). Losinski stated that like the previously discussed Plum Villa Apartments, these were located in a B-1 district, which allowed residential uses prior to the City-wide rezone in 2008 when the area was rezoned to General Business which made the residential units a non-conforming use. Losinski continued that in January 2018, Pam Jacobson, on behalf of Hatle Investments LLC, filed a Petition for Zone Change to rezone from the GB General Business District to the R-3 Residential District. Losinski reiterated that at the April 30, 2018 Planning Commission meeting Pam Jacobson reported that the University of South Dakota declined to sign the Petition to allow the rezone to move forward. Losinski informed the Planning Commission that in this case USD makes up 96% of the aggregate area surrounding the property. At that time the Planning Commission voted to waive the 45% requirement and move forward to today s public hearing. Referring to a map of the area, Mr. Losinski explained that Cherry Lane apartments border the University to the north and east and General Business to the south and west. Mr. Losinski noted that should it be rezoned it would not be adjacent to any other residential zones, however the portion of USD is residential in nature. Staff stated the

4 only concern about R-3 zoning is that if the building should be destroyed and rebuilt, the land would be large enough to meet density requirements; however, parking would be a limiting factor. Losinski concluded that Planning Commission is asked hold a public hearing and recommend approval or denial for the proposed rezone. The City Council will consider this petition at the June 4, 2018 meeting. Commissioner Forseth opened the floor for public comment. Ms. Pam Jacobsen, Premier Real Estate, stated that Cherry Lane is in the same predicament as the Plum Villa apartments in that if not rezoned R-3 the property will not be able to be sold, refinanced or insured. She asked that it be rezoned to R-3 as it has been a multiunit residential dwelling since 1965 as it becomes a problem if the owner ever chooses to sell it. Commissioner Manning inquired why the University has declined to sign off on any of the petitions. Ms. Jacobsen stated the Board of Regents declined to sign prior to hiring a new university president, although the University continued to decline signing the Petition even after a new president had been selected. Commissioner Muenster questioned why Mr. Hatle has waited 10 years to petition for rezone. Ms. Jacobsen explained that they discovered several of the properties they represent had been rezoned when Mr. Hatle began the process of refinancing to get a loan to remodel and the bank would not consider it as they knew the insurance company would not insure the building in a General Business district. Discussion followed regarding rezoning, creating non-conforming uses and advertising requirements. Motion to recommend approval to rezone 720 N University (Cherry Lane Apartments) by Commissioner H. Willson, seconded by Commissioner Muenster. Motion carried 7-0. c. Ordinance 1378 to amend to increase the number of bedrooms for a bed and breakfast from four to five, limit the occupancy maximum to an average of ten people per night, and repeal the length of stay requirements in order to align with the State of South Dakota bed and breakfast regulations. Dan Voss, Administrative Intern, explained the purpose of the amendment is to align the City ordinance with the State of South Dakota bed and breakfast regulations to allow five bedrooms instead of the current four, limit the maximum occupancy to an average of ten people per night, and repeal the length of stay requirements. Mr. Voss referenced the Conditional Use Permit (CUP) considered at the

5 March 26, 2018 Planning Commission meeting allowing a bed and breakfast to operate at 221 E. Main in a R-1 Residential District. After receiving the CUP, the applicant then filed for a variance to operate five units rather than the four allowable by City code. The variance was approved at the April 2, 2018 City Council meeting. Staff believe that a precedent has been created that may obligate the granting of a variance for any new bed and breakfast establishment and feel it would be better to permanently update the ordinance rather than relying on individual variances. Following research of other communities of similar size in the state, Mr. Voss stated he found little consistency in regard to bed and breakfast ordinances. Discussion followed regarding the number of establishments existed in SD communities with bed and breakfast ordinances, how the average of ten guest per night is calculated, and parking. Motion to recommend approval of Ordinance 1378 to amend to increase the number of bedrooms for a bed and breakfast from four to five, limit the occupancy maximum to an average of ten people per night, and repeal the length of stay requirements in order to align with the State of South Dakota bed and breakfast regulations by Commissioner Tuve, seconded by Commissioner Manning. Motion carried Old Business 7. New Business City Staff Report- Mr. Losinski noted that the petitions for rezone on this agenda were the last of several that had been recently filed. Jose Dominguez, City Engineer, gave an update on the status of N. Dakota Street closure stating the concrete had been poured and explained that it should be open Thursday (5/31/18) or Friday (6/1/18). 8. Adjourn Moved by Commissioner H. Willson to adjourn, seconded by Commissioner Muenster. Motion carried 7-0. Commissioner Forseth declared the meeting adjourned at 5:56 p.m.

6 5. Public Hearing; item a From: Planning Commission Agenda Memo Jake Losinski, Assistant to the City Manager Meeting: June 11, 2018 Subject: Presenter: Ordinance 1382 to amend Section Mobile Home Placement Standards to create an exception allowing placement of mobile homes. Jake Losinski Background: At the May 7, 2018 City Council meeting, a Petition for Rezone was considered for the property addressed as 807 Cottage and 23 E Duke which currently functions as Cottage Villa Park, a mobile home park. During the discussion several residents expressed their concerns about how, if the property were redeveloped and the Cottage Villa Park mobile home court was closed, they would be unable to move their mobile homes to another location in Vermillion because of the Mobile Home Placement Standards. City Council directed staff to examine the issue and determine if it would be possible to amend the code to allow non-conforming mobile homes to be moved to another location in the community. The standards in question are as follows: MOBILE HOME PLACEMENT STANDARDS. (A) The mobile home court owner shall submit a permit application to the Building Inspector before a mobile home is allowed to be placed in a new or vacated space in the owner's court. The permit shall include the mobile home owner's name, mobile home make/model/size, date and time of anticipated arrival, and the court lot location assigned. (B) All mobile homes placed in a mobile home court shall meet or exceed federal HUD manufactured home construction and safety standards as adopted on June 15, (C) All mobile homes placed in a licensed mobile home park or on a privately owned site shall have a gable roof with a pitch of at least 3/12 feet and be constructed of roofing material of a type customarily used on site-constructed residences. (D) All mobile homes shall be anchored to the ground in accordance with manufacture's specifications or as prescribed by the ANSI/NFPA 501A Standards in effect on the date of placement. Discussion: The current Mobile Home Placement Standards were established by Ordinance 1168 on February 5, The key portions of the standards that limit older mobile homes from being moved to new locations in Vermillion are (B) and (C); mobile homes built before June 15, 1976 will not meet HUD safety standards and usually do not have gable roof with sufficient pitch and as a result cannot be placed in Vermillion. Existing

7 5. Public Hearing; item a mobile homes that do not conform to these requirements but are currently located in Vermillion are allowed to remain but cannot be moved elsewhere in town. While Ordinance 1168 was modeled after what other South Dakota cities were doing in regards to mobile homes and was originally intended to prevent older mobile homes from being brought into Vermillion from outside the community, it also prevents pre-1976 mobile homes from being relocated elsewhere in the community. Under the current code, owners of pre-1976 mobile homes will likely have to abandon their mobile homes if their park closes because their mobile home will likely not meet the current placement standards to be relocated somewhere else in Vermillion. As a solution, staff proposes Ordinance 1382 which would create several exceptions that, if met, would allow pre-1976 mobile homes to be relocated elsewhere in Vermillion. The exceptions, all of which need to be met, are as follows: 1. A mobile home must have been located in Vermillion on or before February 5, This prevents pre-1976 mobile homes from being brought into Vermillion from outside the City. 2. The mobile home must be inspected by the City s Building Official to ensure that it is safe for occupancy. 3. The City Manager must make the determination that the mobile home is being moved because of a closure of the mobile home s current mobile home park. Staff believes this code amendment will allow for some flexibility to assist those mobile home owners who are threatened by displacement. The proposed changes were presented at an educational session to City Council on Monday, June 4, At that time, City Council directed staff to proceed with bringing forward an ordinance. Compliance with Comprehensive Plan: Ordinance 1382 meets several goals put forth in the 2035 Comprehensive Plan: Provide a variety of housing types that allow people to live in Vermillion at any stage in their life and income (p.13). Address the density, affordability, and type requirements for housing (p.13). Conclusion/Recommendations: The Planning Commission is asked to hold a public hearing and recommend approval or denial for the proposed amendment of the Mobile Home Placement Standards. City Council will consider the first reading of Ordinance 1382 at the June 18, 2018 meeting.

8 MOBILE HOME PLACEMENT STANDARDS. (A) The mobile home court owner shall submit a permit application to the Building Inspector before a mobile home is allowed to be placed in a new or vacated space in the owner's court. The permit shall include the mobile home owner's name, mobile home make/model/size, date and time of anticipated arrival, and the court lot location assigned. (B) All mobile homes placed in a mobile home court shall meet or exceed federal HUD manufactured home construction and safety standards as adopted on June 15, (C) All mobile homes placed in a licensed mobile home park or on a privately owned site shall have a gable roof with a pitch of at least 3/12 feet and be constructed of roofing material of a type customarily used on site-constructed residences. (D) All mobile homes shall be anchored to the ground in accordance with manufacture's specifications or as prescribed by the ANSI/NFPA 501A Standards in effect on the date of placement. (E) Mobile homes placed in mobile home courts shall be exempt from (B) and (C) provided all of the following conditions are met: 1. The mobile home was located in the City of Vermillion on or before February 5, The Building Official inspects the mobile home and ensures the mobile home is safe for occupation. 3. The City Manager makes the determination that the mobile home is being placed due to or in anticipation of closure of the court where the mobile home was previously located. (Ord. 1168, passed )

9 5. Public Hearing; item b From: Planning Commission Agenda Memo John Prescott, City Manager Meeting: June 11, 2018 Subject: Presenter: Madison Park Neighborhood plan John Prescott Background: GA Haan purchased approximately 30 acres of land east of N. Norbeck Street and north of E. Clark Street. In 2015, the developer constructed 40 townhomes known as Madison Park Townhomes. The units are spread over five buildings in the southwest corner of the land. Federal tax credits were awarded to the project to assist with construction costs. The City Council provided a letter of support in 2014 as part of the tax credit application to the South Dakota Housing Development Authority. Discussion: GA Haan utilized North Coast Community Consultants to develop the attached Madison Park Neighborhood plan. City staff provided information to the consultant and developer to aid them in the development of the Madison Park Neighborhood Plan. The Neighborhood Plan covers a number of different items such as changes in federal policy for income averaging and the creation of opportunity zones. Recent investments in the eastern portion of the City are detailed and the need for affordable housing is presented. The Madison Park Neighborhood Plan identifies priorities such as providing a mix of housing, expanding the supply of affordable housing, encouraging compact growth and efficient use of the land, development of public infrastructure meets the needs, and business expansion due to the attractiveness of the Madison Park neighborhood. The need to identify vehicular and bike routes as the neighborhood is developed is mentioned in the plan. The Madison Park Neighborhood Plan is the property owner s plan for how they may develop their property. All of the property is zoned R-3. All of the uses of the property are residential and would fit within R-3 zoning. The plan is not binding on the developer, future landowners, or the City, as there are no building permits being issued, special

10 5. Public Hearing; item c zoning uses such as a planned development district might have, or even lots being created. It is a conceptual plan of residential uses to fill some of the housing needs identified in the community. Compliance with Comprehensive Plan: On page 5 and 6, the Madison Park Neighborhood Plan identifies a number of ways the plan complies with the City s 2035 Comprehensive Plan. City staff concurs with the presentation of how the Madison Park Neighborhood Plan complies with the City s 2035 Comprehensive Plan. Financial Consideration: None. Conclusion/Recommendations: Staff recommends the Planning Commission approve the Madison Park Neighborhood Plan is in agreement with the City s 2035 Comprehensive Plan. The City Council would consider the same action at their June 18, 2018 meeting.

11

12

13

14

15

16

17

18

19

20

21

22

23

24