1. Roll Call. 2. Minutes a. March 26, 2018 Regular Meeting. 3. Adoption of the Agenda. 4. Visitors to Be Heard

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1 1. Roll Call City of Vermillion Planning Commission Agenda 5:30 p.m. Regular Meeting Monday, April 9, 2018 Council Chambers 2 nd Floor City Hall 25 Center Street Vermillion, SD Minutes a. March 26, 2018 Regular Meeting. 3. Adoption of the Agenda 4. Visitors to Be Heard 5. Public Hearings a. Request for Conditional Use Permit to construct townhouses on Lots 1, 2, & 3, Block 4, Bliss Pointe Addition to the City of Vermillion. b. Ordinance 1369 to Repeal Sections Rural Plats Outside of JJZA, Conceptual Plans Rural, , Preliminary Plans Rural, Final Plans Rural, Design Standards Land Design Rural, Design Standards Streets Rural, Design Standards Water Facilities Rural, Design Standards Sanitary Sewer Facilities Rural, Design Standards Sump Pumps Rural, General Provisions and Assurances Rural, Enforcement Rural Due to Adoption of Clay County Ordinance Revised Subdivision Ordinance of Clay County; and to Amend portions of Sections through , by Changing the Section Numbering, Renaming Sections, Adding Definitions, Removing Portions Addressing Land Outside of the Joint Jurisdictional Zoning Area, and Replacing the Access to Streets and Roads Subsection. 6. Old Business 7. New Business a. Planning Commission decision on a Request to Operate a Bed-and-Breakfast on Lots 5, 6, & 7, Block 74, Smith s Addition to the City of Vermillion, Clay County, South Dakota. 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 March 26, 2018 Regular Planning Commission Meeting The regular meeting of the Vermillion Planning Commission was called to order in the Council Chambers at City Hall on March 26, 2018 at 5:30 p.m. 1. Roll Call Present: Fairholm, Forseth, Manning, Muenster, Oehler, Tuve, H. Willson, Iverson. Absent: J. Wilson. Staff present: Jake Losinski (Assistant to the City Manager), Jose Dominguez (City Engineer), Addison McCauley (Administrative Intern). 2. Minutes a. March 12, 2018 Regular Meeting. Moved by Manning to approve the March 12, 2018 Regular Meeting Minutes, seconded by H. Willson. Motion carried Adoption of the Agenda Moved by H. Willson to adopt the agenda as printed, seconded by Muenster. Motion carried Visitors to be Heard 5. Public Hearing a. Request for Conditional Use Permit to construct townhouses on Lots 1, 2, & 3, Block 4, Bliss Pointe Addition to the City of Vermillion. Bob Iverson opened the hearing to public comment but noted that the contractor will be at the next meeting, therefore, the Commission will continue the issue to next meeting. Kathy Olson, 1501 Rockwell Trail, voiced concern with townhomes in the area. Discussion of the TIF district followed. Jose Dominguez, City Engineer, noted that the difference between single-family detached and attached dwelling units. Cleo Edeburn, 304 Joplin Street, voiced concern about being misled about the possible makeup of the neighborhood. Also believes that townhomes will devalue their property. Tim Schwasinger, 1528 Rockwell Trail, stated he doesn t think townhomes should be built when there s demand for single-family detached dwellings.

3 Craig Thompson, 1416 Rockwell Trail, voiced concern about a semitruck and a party bus parked out front of the townhouses down the street, doesn t want that to happen on his street. Discussion followed about the semi-truck. Bob Iverson clarified that the developer should have better pictures of the proposed townhomes at the next Planning Commission Meeting. Discussion followed about the developer and his performance history. Motion to continue the item to next meeting by Forseth, seconded by Oehler. Motion carried 8-0. b. Dakota Commons Planned Development District Final Development Plan. Jose Dominguez, City Engineer, stated the Planning Commission is being asked to consider and approve the final development plan for the proposed uses. The proposed plan will construct a building with 74 residential units and a commercial use. The residential units will be consist of 43 4-bedroom units, 11 3-bedroom units, 11 2-bedroom units and 9 1-bedroom units. The development will require 242 total parking spots (236 parking spots for the residential use and 6 spaces for the commercial use). The ordinance allows for up to 7% of the required parking spots to be replaced at a 2 to 1 ratio with bicycle parking. The developer will provide 236 parking spots for vehicles and space for 32 bicycles. The 6 parking spots removed from the ones provided is within the allowed 7%. Signs were posted on the property to notify the neighborhood that a final development plan is being considered. The City has not received any comments, or questions, regarding the Final Development Plan. The Planning Commission is asked to offer comments and approve the final development plan. If approved, the building permit will not be issued until a developer s agreement is signed for the construction of Elm Street and the construction plans have been reviewed and approved by Staff. Jose then discussed and displayed drawings for the PDD. Muenster asked about the commercial use, a manager in the complex, and the landscaping plans. Discussion with the construction contractor followed about landscaping and storm water runoff. Jose Dominguez elaborated on the retention pond and the flow to the east away from Cottage St. He also clarified that the parking spaces for the commercial business are calculated into the number of required off-street parking requirement, and that the planned number of handicap parking spaces (7) is up to code (1 per 25 spaces).

4 Muenster wanted to clarify that this is a completely private enterprise with no government assistance and that USD supports this project. The construction contractor verified both points of requested clarification. Motion to approve the Final Development Plan by Forseth, seconded by Muenster. Motion carried 8-0. c. Request for a Conditional Use Permit to Install Equipment for a Wireless Communication Facility on an Existing Support Structure at 844 N. Crawford Road. Jake Losinski, Assistant to the City Manager, stated that staff was contacted by Swiftel Communications several weeks ago about what permits would be needed to install new cellular equipment on the Telecommunications Tower located just west of the Recycling Center. The installation consists of adding antennae and radios, but otherwise the Telecommunications Tower would not be significantly altered. The Telecommuncations Tower is located in the GI General Industrial zone. Chapter 155 of the Vermillion Code of Ordinances classifies the proposed use as a Wireless Communications Facility and the Telecommunications Tower as an Existing Antenna Support Structure. In the General Industrial zone, a wireless communication facility on an existing support structure is a Conditional Use. Because the Telecommunications Tower is pre-existing and this installation would be relatively minor, Staff believes the proposed CUP should be granted. Motion to approve the CUP by H. Willson, seconded by Fairholm. Motion carried 8-0. d. Request for a Conditional Use Permit to Operate a Bed-and-Breakfast on Lots, 5, 6 & 7, Block 74, Smiths Addition to the City of Vermillion, Clay County, South Dakota. Jose Dominguez, City Engineer, The owners of 221 East Main Street are requesting permission to operate a bed-and-breakfast from the existing house located on the premises. The existing house was built in 1925 as a fraternity. The house has three floors with 20 bedrooms. Two of those bedrooms are located on the main floor of the house, in the House Mother portion of the house. The City adopted a new Zoning Ordinance in The property is now located in the R1 Residential District. Fraternities and sororities are not allowed within this district. Due to the fact that the house existed prior to the adoption of the zoning ordinance in 2008 the use was grandfathered in. When a property is grandfathered the use is allowed to continue as is as long as the use is not interrupted for longer than one year. The property in question was used as a fraternity until May 2014 when the use was allowed to expire by a previous owner. The Planning Commission is asked to review the proposed use and place conditions that are

5 appropriate and necessary to ensure compliance with the Comprehensive Plan and protect health, safety, and general welfare. Following are Staff s findings in regard to the seven reviewable items: 1. At this time ingress and egress will not be negatively affected. There will be ample separation between pedestrians and vehicles, and there will also be fewer vehicles parking in the alley. Both of these items will improve safety. Additionally, the alley way will be used to access the property. This will keep vehicles off the street. 2. The Zoning Ordinance requires that a single-family residence provide at least two parking spots for that use. Additionally, the City requires half a parking spot for each bedroom used in a bed-andbreakfast. The application is for four bedrooms for the bed-andbreakfast. That would require an additional two parking stalls, bringing the total parking spots required to four. There is already ample paved stalls located along the alley for this use. 3. The refuse bins would be located along the alley. Currently there is space for a commercial size bin. The Planning Commission may require that the applicant construct an enclosure around the bins to remove any unsightliness caused by the refuse bins. 4. The property is currently serviced by all City utilities. There are no known problems with the City portion of the utilities. The owner is responsible for the services. 5. Besides requiring a trash enclosure around the refuse bins the property does not need any other buffering from the adjoining properties. 6. Currently none of the adjoining properties are used as a bed-andbreakfast. All of the surrounding properties are single-family structures with three of them being rentals and two being homeowner occupied. The proposed use should not negatively impact the neighborhood. The proposed use (bed-and-breakfast) will create less traffic than the previous use (fraternity), it will also have fewer individuals in it on a regular basis (a family of five) than when it was a fraternity with 30 plus individuals. 7. The proposed use will meet several goals and objectives found in the recently adopted 2035 Comprehensive Plan. The proposed use will provide housing, it will also provide for a service that might be enjoyed by visitors to Vermillion, it would utilize existing utilities, it will increase tourism, and help in the marketing of Vermillion (and USD) by offering a different venue when staying in town. In addition to the conditional use permit, the applicant also mentions the need for several variances. These are listed on the additional information provided by the applicant. The variances requested are: increase in bedroom density, rear setback reduction, commercial kitchen variance, permission to conduct sales from home, construction of deck and privacy hedge, construction of public and private sidewalks, and allowing the construction of a couple signs for the property. Only a couple of these items are truly variances, and these will be discussed at a later meeting by the City Council acting as the Board of Adjustment. These items are the increase in the bedroom density and the reduction in the rear setback. The other items cannot be varied, but will be discussed with the applicant/owner during the building permit process. The Comprehensive Plan encourages

6 redevelopment and investment in the community. This conditional use would allow the applicant to use this property in an innovative way with minimal negative impacts to the neighbors, or community. Staff recommends approving the CUP with the only condition being that a trash enclosure be constructed around the refuse bins. Current layout maps of the residence in question were used for reference. Kris O Connor, Dakota Realty listing Agent on the property, stated the house is near impossible to sell to a family. This would be a great thing for the community. Meghan Loof, 303 E Main, excited that the space will be used, but concerned about possible issues with on-street parking, particularly in the winter months. Discussion followed about parking. Jose clarified that they plan for sufficient off-street parking spaces and that the future variances could impact the parking as well, but those are not up for discussion tonight. Erin Byers, Forrest St Resident, voiced support for this building being taken care of and used as a B&B. Muenster, asked about a limitation on the number of nights a person can stay at the B&B Jose Dominguez, clarified that an individual can stay no longer than 100 days per year. Muenster expressed thanks and excitement about the restoration of the building for the community and asked the prospective buyer about his motivation for the project. Carson Merkwan, prospective buyer, voiced many personal reasons for he and his wife wanting to run a B&B, including that it would be a benefit for the community and possibly make a little money. He stated he plans to put around $500, into the house after buying it. Discussion followed about the trash enclosure, Mr. Merkwan verified that the enclosure will be aesthetically pleasing. Forseth asked if there will be any burden on the City to possibly close the alleyway. Jose Dominguez, assured the Commission that the City would actually benefit by not having to be responsible for maintaining the alleyway. Travis Loof, 303 E Main, asked about where the trash receptacles would be placed on the property. Jose Dominguez, stated that the enclosure would likely be close to the property line, pending the status of the other variances.

7 Muenster moved to approve with the condition being that the requirement for a trash enclosure be discussed with the City Building Official, Forseth seconded. Motion carried Old Business 7. New Business 8. Adjourn Moved by Fairholm to adjourn, seconded by Oehler. Motion carried 8-0. Iverson declared the meeting adjourned at 6:24 p.m.

8 5. Public Hearings; item a Planning Commission Agenda Memo From: Meeting: April 9, 2018 Jake Losinski, Assistant to the City Manager Subject: Request for Conditional Use Permit to construct townhouses on Lots 1, 2, & 3, Block 4, Bliss Pointe Addition to the City of Vermillion. Presenter: Jake Losinski Background: Magnum Developments, LLC submitted an application for a Conditional Use Permit to construct six townhomes on Joplin Street. The area in question is part of Area B of the Bliss Pointe Planned Development District which allows single-family attached dwellings (townhouses) as a conditional use. Area B of the Bliss Pointe PDD is intended for low to medium-density single-family residential uses. The request was first considered at the March 12 Planning Commission meeting, however the developer was not present and the Commission felt it would be best to continue the subject until the developer could be present to answer questions. The item was continued to the March 26 meeting, but it was learned the developer could not be present until April 9. At the March 26 meeting public comments were heard but the Planning Commission took no action, instead continuing the item again to the April 9 meeting. Discussion: The site plan shows that on Lots 1, 2, and 3 Magnum Developments LLC is seeking to construct six single-family attached dwellings. This will require the three lots to be replatted into six separate lots, which must be done before occupancy for the townhouses will be granted. If enough demand for this type of housing exists, the Developer anticipates building a total of 14 townhomes on Lots 1-8. However, a separate Conditional Use Permit will be required for future townhomes on Lots 4 through 8. Furthermore, because Lot 1 is located on the corner of Joplin and Cornell, a Developer s Agreement to construct improvements on Cornell Street must be signed before a Building Permit can be issued. Prior to the April 9, 2018 Planning Commission meeting, the developer contacted staff and withdrew his Request for a Conditional Use Permit, saying that the project does not fit in his schedule at this time.

9 Compliance with Comprehensive Plan: The newly adopted Comprehensive Plan has several sections that address development within the community. The following goals and objectives may apply in this instance: Provide a variety of housing types that allow people to live in Vermillion at any stage of their life and income (pg. 13) Facilitate the location, character, and phasing of residential growth and development (pg. 13) Create and maintain neighborhoods that are safe, healthy, livable, and compatible with adjacent land uses (pg. 13) (pg. 48) Address the density, affordability, and type requirements for housing (pg. 13) Allow for a supply of housing styles, sizes and prices that encourage people of all ages to live in Vermillion (pg. 48) Maintain the appearance of Vermillion s neighborhoods, streets, and commercial districts (pg. 48) Focus new development within existing City limits areas (pg. 67) Encourage development within existing sanitary sewer and drainage basins (pg. 67) Encourage compact and contiguous urban growth within corporate limits (pg. 67) Conclusion/Recommendations: Because the Request for Conditional Use Permit has been withdrawn by the developer, Magnum Developments LLC, Staff recommends that the Planning Commission acknowledge the request has been withdrawn. It should be noted that if the developer later chose to revisit this request, the entire Conditional Use Permit process would have start from the beginning with proper advertisement and public notice.

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12 5. Public Hearings; item b Planning Commission Agenda Memo From: Meeting: April 9, 2018 Subject: Presenter: Jose Dominguez, City Engineer Ordinance 1369 to Repeal Sections Rural Plats Outside of JJZA; Conceptual Plans Rural; Preliminary Plans Rural; Final Plans Rural; Design Standards Land Design Rural; Design Standards Streets Rural; Design Standards Water Facilities Rural; Design Standards Sanitary Sewer Facilities Rural; Design Standards Sump Pumps Rural; General Provisions and Assurances Rural; Enforcement Rural; to Delete Unnecessary Sections of the Ordinance Due to Adoption of Clay County Ordinance Revised Subdivision Ordinance of Clay County; and to Amend portions of Sections through , by Changing the Section Numbering, Renaming Sections, Adding Definitions, Removing Portions Addressing Land Outside of the Joint Jurisdictional Zoning Area, and Replacing the Access to Streets and Roads Subsection. Jose Dominguez Background: The current subdivision regulations were adopted in 2011 under Ordinance Ordinance 1251 completely amended the 1967 subdivision chapter of the Code of Ordinances. Since 2011 the subdivision chapter has seen one minor amendment dealing with the creation of private roads. Other than that small change the ordinance has provided Vermillion with easy to follow set of instructions for the public when developing land in, or around, the City. The subdivision chapter allows the City to plan for future growth, protect the public and promote harmonious development. However, there have been several items that should be amended in the subdivision ordinance to better service the public. The major items that this amendment will address are the removal of the platting and design requirements for the land outside of the Joint

13 Jurisdictional Zoning Area, and the changes to the section dealing with Access to Streets and Roads. Discussion: Since the adoption of Ordinance 1251 Clay County has adopted a subdivision ordinance that addresses development outside of the City and County Joint Jurisdictional Zoning Area. The Clay County subdivision ordinance was adopted in 2014 and has many of the same requirements as the City s current subdivision ordinance. Removing any of the requirements placed by the City s current subdivision ordinance from the Code would simplify the process for Staff (the City s and the County s) and it would also make the development process much more efficient for the public. Another part that has been changed extensively is the subsection dealing with Access to Streets and Roads. This subsection controls the number of access points to a street from building lots. The goal of the subsection is to minimize the number of street cuts in order to maintain a safe environment for the general public while preserving an acceptable level of traffic capacity on the streets being used. The current subsection generated a few complaints. The main complaint was that it was difficult to follow since each development was reviewed on a case-by-case basis. This made the requirements vary from instance to instance based on the street fronting the project, the use of the property, topography, shape of lots, etc The new subsection will try to eliminate as much of the ambiguity as possible by providing the developer with a way of determining the number of access points allowed based on the classification of the street fronting the project and the length of the frontage. The City will still have to review each case to determine if a more restrictive type of access is required. The other changes to the ordinance added several definitions, removed portions of the section dealing with land outside of the Joint Jurisdictional Zoning area, and cleaned up the verbiage dealing with Developer Agreements. Staff held a public meeting on January 24 th to discuss the proposed changes and gather input from the public. This meeting was advertised in the Broadcaster and in the Equalizer. Additionally, a notice of the meeting was placed on the City s webpage, Facebook page and Twitter page. Staff also mailed notices of the meeting to all of the contractors/developers that received a building permit over the last couple of years. No one attended the meeting. Prior to the January 24 th meeting Staff held two informational meetings with the Planning Commission and one informational meeting with the City Council. Compliance with Comprehensive Plan: The 2035 Comprehensive Plan has several objectives that address access control. Additionally, the Transportation portion under the

14 Infrastructure and Services subsection of the Planning and Development chapter has as a goal to have safe and efficient multi-modal transportation network. This ordinance will meet both of these goals by limiting the number of access points into roadways. Conclusion/Recommendations: The Planning Commission is asked to take public comment and make a recommendation to the City Council regarding the approval, or denial, of Ordinance Staff recommends approval of Ordinance The first reading of the ordinance by the City Council is scheduled to occur on May 7 th.

15 GENERAL. (A) Title. These regulations may be referred to as the " Subdivision Ordinance for the City of Vermillion". (B) Purpose. (1) It is the purpose of this chapter to regulate the subdivision of land in order to coordinate streets with subdivisions and with other subdivisions and uses, to provide adequate open space, to efficiently distribute population and traffic, to provide water and sanitation facilities, to manage storm drainage and flood control, to prevent haphazard and premature land subdivision, to promote the harmonious development of the municipality and the area surrounding the municipality and its environment and to conform with the Comprehensive Plan. (2) Premature subdivision of land is to be discouraged, due to unavailability of urban services, higher energy consumption, premature and excessive loss of agricultural land, and inefficient delivery of basic government services. (3) Where rural subdivisions are allowed within the platting jurisdiction, their design standard and minimum improvements are the same as those required in the " Subdivision Ordinance for the City of Vermillion", except for the exceptions contained in the following sections of this chapter. (C) Authority. In accordance with SDCL Chapters 11-3, 11-6 and any other authority provided by law, or as such statutes may be amended, the city does hereby exercise the power and authority to approve or disapprove plats for the subdivision of land within the platting jurisdiction. (D) Jurisdiction. (1) These regulations shall apply to all subdivisions of land, as defined herein, located within the platting jurisdiction. (2) It shall be unlawful for any person having control of any land within the platting jurisdiction to subdivide or lay out such land in lots, unless by plat, in accordance with the laws of the State of South Dakota and the regulations contained herein. (E) Definitions. The following words and phrases shall be as defined below: (1) ACCESS EASEMENT (INGRESS-EGRESS EASEMENT, MUTUAL ACCESS EASEMENT). An easement granting the right to abutting property owners to use a designated portion of property for common ingress and/or egress purposes. (2) ALLEY. A public way designed to be used as a secondary means of access to the side or rear of abutting property whose principal frontage is on some other public way. (3) ANCILLARY STRUCTURE. Auxiliary or subordinate elements that comprise a storm drainage system and may include ditches, curb inlets, yard inlets, channels, and pipes. (4) ARTERIAL STREET. A street that has the capacity to carry large volumes of traffic quickly and is designated as such on the major street plan. (5) BUILDING. Any structure having a roof, supported by columns or walls, for shelter or

16 enclosure of persons or property. (6) BUILDING LINE. A line between which line and a street no building or structure may be erected. This line is derived based on the current zoning regulations for each district. (7) CITY. The City of Vermillion, South Dakota. (8) COLLECTOR STREET. A street that is a primary connector between arterial streets and is designated as such on the major street plan. (9) COMPREHENSIVE PLAN. Any legally adopted part or element of the Comprehensive Plan of the City of Vermillion. (10) CONTRACTOR. The person, or entity, who contracts with an individual or developer to construct a building, structure, or ancillary structure on a parcel of land. (11) CUL-DE-SAC. A local street with only 1 outlet having an appropriate terminal for safe and convenient reversal of traffic movement. (12) DEDICATION, DEDICATED or DEDICATE. A grant of land to the public for their perpetual use. (13) DETENTION BASIN. A facility within an urban development designed to hold stormwater runoff for various periods of time. (14) DEVELOPER. An owner or agent of an owner of property who desires to establish, alter, change or improve the use of property. (15) DOUBLE FRONTAGE. A lot which abuts a street on 2 opposite sides (not a corner lot). (16) EASEMENT. Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of the property. (17) EASEMENT AREA MAINTENANCE AGREEMENT. Agreement describing the legal responsibilities for the repair and maintenance of the easement area and the required traffic signs or striping. (18) ENGINEERING DESIGN STANDARDS. Criteria and public right-of-way improvements of the City of Vermillion. (19) FRONTAGE ROAD. A street, usually parallel and adjacent to an arterial street, which is used for access to abutting property. (20) INTERIOR LOT LINE. A lot line which is shared with other properties (i.e. one s abutting neighbors). Street fronts, or other sides opening onto a public way, are not interior property lines. (201) JOINT JURISDICTIONAL ZONING AREA (JJZA). Zoning area defined by the Joint Jurisdictional Zoning Ordinance.

17 (212) LATERAL DRAINAGEWAY. Open channels or storm sewers which carry storm runoff from streets, street crossings, culverts and/or storm sewers to major drainageways. (223) LOCAL STREET. A street intended to provide access to other streets from individual properties and not intended to be used for through traffic. (234) LOT. A piece, plot or parcel of land, or group of abutting and contiguous parcels of land, established by survey, plat or deed, occupied or to be occupied by a building, or a unit group of buildings and accessory buildings thereto, and having its frontage on a dedicated public street. (245) MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD). Manual recognized as the national standard for all traffic control devices, and striping, installed on any street, highway, bike way, or private road open to public travel. (256) MAJOR DRAINAGEWAY. The main corridor for stormwater flow through developments. Major drainageways are identified as intermittent streams on USGS quadrangle maps, or as otherwise approved by the City Engineer. (267) MAJOR STORM EVENT. A term that describes a 100-year storm. (278) MAJOR STREET PLAN. The major street plan adopted through the transportation planning process approved by the City Council and incorporated into the Comprehensive Plan. (289) MINOR STORM EVENT. A term that describes a 5-year storm. (2930) MONUMENT. A boundary marker of concrete, permanently planted and firmly fixed in the ground and placed so that the top of the monument is flush with natural ground. The monument shall be 6 inches in diameter or 6 inches square and 24 inches in depth. A steel rod, 5/8" x 12", shall be placed at the center point on the monument. (301) PAVEMENT, PAVED. The surface of a street that forms a hard, firm, level surface for travel. It can be comprised of Portland cement, asphalt or a material approved by the City Engineer. (32) PLAN. A drawing created by a licensed engineer, or architect, showing information required for the construction of infrastructure or building. (313) PLAT. A map or representation of land subdivided into lots, parcels, tracts or blocks, including streets/roads, commons and public grounds, if any, all drawn to scale and complete with all irrevocable offers of dedication. (324) PRELIMINARY PLAT. Drawing or drawings indicating the proposed layout of the lots, blocks and public rights-of-way within a subdivision. (335) PRIVATE STREET/ROAD. A street or road that has not been dedicated, but rather reserved as public access to property. A private street/road is owned and maintained by the property owners which it serves. (346) PRIVATE ROAD EASEMENT. An easement granting the right to the public, and the city, to use a designated portion of property for common ingress and/or egress purposes.

18 (357) REVERSE FRONTAGE LOT. A lot, among a group of double frontage lots, which contains a dwelling unit that is oriented in the opposite direction from the adjacent dwellings so that its front yard abuts the adjacent rear yards and its rear yard abuts the adjacent front yards. (368) RIGHT-OF-WAY. A strip of land occupied by a street, alley, road, railroad, pedestrian walkway or other special travel use. The use of the term right-of-way for platting purposes shall mean that every right-of-way hereafter established and shown on a plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or area of such lots or parcels. (379) RURAL. Territory outside of the city limits. (3840) STRUCTURES. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, walls, fences and signs. (3941) SUBDIVISION. The division of any tract or parcel of land into 2 or more lots platted for the purpose of transfer of ownership, or building development, whether future or immediate; or any division of land involving a new street or road regardless of parcel size or the number of parcels. (402) URBAN. Territory inside the city limits. (413) UTILITY EASEMENT. An easement granting the right to the city to use a designated portion of property for the installation, maintenance and access related to city utilities. (Ord. 1251, passed ; Am. Ord. 1278, passed ) GENERAL INFORMATION REGARDING PLATS AND DEVELOPMENT PLANS - URBAN URBAN. (A) Requirement. Plats will be required whenever any subdivision of land is proposed, before any contract is made for the transfer of any part thereof, and before any permit for the erection of any structure in such proposed subdivision shall be granted, the developer, owner or an authorized agent shall apply for and secure approval of such proposed subdivision plat in accordance with the procedures set forth. (B) Recording, use and selling. (1) No owner or agent of the owner of any land located within a subdivision shall transfer or sell any land by reference to, exhibition of, or by the use of a subdivision plan before a plat of said land has been approved and recorded in the manner prescribed herein. (2) No local agency shall issue any permit or grant any approval necessary to develop any real property which has been divided, or which has resulted from a division, in violation of the provisions of this title. The authority to deny such a permit shall apply whether the applicant was the owner of record at the time of such violation or whether the applicant is the current owner of record or a vendee of the former owner pursuant to a sale with or without actual or constructive knowledge of the violation at the time of acquisition of an interest in said real property.

19 (3) No local agency shall issue any permit or grant any approval necessary to construct any structures, or ancillary structures, within a development which does not have an approved final plan. (C) Types of plats and development plans. (1) Minor plat. With plats containing 5 or less lots, aall proposed lots shall be fronting an existing right-of-way and the area platted shall be 3 acres or less in size. The requirement of a preliminary plat will be waived with minor plats. The City Engineer will approve or disapprove the minor plats. The City Council will serve as the Board of Appeal in the instance that a minor plat is disapproved by the City Engineer. (2) Major plat. Plats containing any number of lots, but there is no existing right-of-way; typically contain 6 or more lots. Major plats require a preliminary and final plat prior to approval by the City Council. Both plats will be reviewed first by the city's Planning Commission. The City Council will only approve the final plat. and they will in turn make a recommendation to the City Council. (3) Replat. May contain any number of lots. If the replat contains less than 5 lots, and all lots front an existing right-of-way and the area to be platted is 3 acres or less, then the approval process is the same as for the minor plat; otherwise, procedures for the major plat will be followed. (4) Conceptual plans. Conceptual plans will may be required of with all major plats. Depending on size and planned proposed development, a conceptual plan may also be required by the City Engineer in concurrence with a minor plat or replat. A conceptual plan shall depict the concept of the proposed development. The plan shall show the general layout of streets/roads, street improvements, parks, trails, open spaces, sewerage, water systems, and any other utilities. A conceptual storm drainage study shall also be submitted as per the storm drainage design criteria or as required by the City Engineer. The conceptual plan shall be reviewed and approved by the City Engineer prior to the development being allowed to continue. (5) Preliminary plans. As with conceptual plans, preliminary plans will be required of all major plats. This requirement may be waived for minor plats or replats. The preliminary plan shall consist of a general layout plan, grading plan, drainage plan, utility plan and a ground water control plan. These plans will be reviewed and approved by the City Engineer prior to the development being allowed to continue. (6) Final plans. Final plans will be required when a major plat is filed with the city. This requirement may be waived for minor plats or replats. The final plans shall consist of a general layout plan, grading plan, drainage plan, street/road plan, utility plan, ground water control plan, typical cross section sheets, construction detail sheets, road cross section sheets and specifications. These plans will be reviewed and approved by the City Engineer prior to the development being allowed to continue. (7) Filling fee. A filling fee shall be deposited at the City Engineer's Department for all minor plats, major plats and replats. The filling fee shall be set by City Council resolution.

20 GENERAL INFORMATION REGARDING PLATS AND DEVELOPMENT PLANS INSIDE THE JOINT JURISDICTIONAL ZONING AREARURAL. (A) Requirement. Requirements shall be the same as those required in (A). (B) Recording, use and selling. Requirements shall be the same as those required in (B). (C) Types of plats and development plans. (1) Outside of JJZA. The requirement of a preliminary plat will be waived with these plats. The City Engineer will approve these plats. The City Council will serve as the Board of Appeal in the instance that the plat is disapproved by the City Engineer. After the city has approved the plat, the plat will be presented to the county's Planning Director for the county's approval. Any additional requirements of the county will also require approval by the city prior to a plat being filed. (21) Inside the JJZA. Plats will may require a preliminary and final plat prior to approval by the City Council. Preliminary plats will be reviewed and approved by the city's Planning Commission. Final plats will be reviewed by the county's Planning Commission prior to approval of the City Council. (32) Replat. May contain any number of lots. Replat may follow the process described in (C)(1) or (C)(2). (4) Conceptual plans. Requirements shall be the same as those in (C)(4) except that the City Engineer may waive this requirement depending on the proposed use. The requirement will not be waived if the area is anticipated to become a portion of a larger development. (5) Preliminary plans. Requirements shall be the same as those required in (C)(5) except that the City Engineer may waive this requirement depending on the proposed use. The requirement will not be waived if the area is anticipated to become a portion of a larger development. (6) Final plans. Requirements shall be the same as those in (C)(6) except that the City Engineer may waive the requirement depending on the proposed use. The requirement will not be waived if the area is anticipated to become a portion of a larger development. (73) Filling fee. Requirements shall be the same as those in (C)(7) except that the applicant in addition will also have to pay any associated county platting fees URBAN PLATS MINOR PLATS - URBAN. (A) Scale, size and submittals. (1) The plat shall be at a scale of 50, 60, 100 or 200 feet to 1 inch. (2) The plat shall be drawn on an 11" x 17" sheet.

21 (3) The developer shall submit 4 sheet copies and 1 Mylar copy to the City Engineer. All copies shall be signed by the owners and be sealed and signed by a registered land surveyor in the State of South Dakota. (B) Information required. (1) The proposed name of the subdivision. The name shall not duplicate, be the same in spelling or alike in pronunciation with the name of any other recorded subdivision, unless it is an extension of or adjacent to said recorded subdivision. (2) The names of all adjacent subdivisions, all lot and block lines, types of easements and rights-of-way. Adjoining unplatted property shall be labeled as such. (3) A systematic lot and block numbering pattern, lot lines and street names, and the square footage of all lots. (4) The location and width of all proposed and existing rights-of-way, alleys, and easements, as well as the location of any parks. A final storm drainage study as required by the storm drainage design and technical criteria manual shall be submitted for final approval. (5) The boundary lines of the area being subdivided with accurate angles or bearings and distances tying the perimeter boundaries to the nearest established street line, section corner, other previously described subdivision or a city recognized permanent monument which shall be accurately described on the plat. (6) The correct legal description, notation stating acreage, scale and north arrow. (7) Location of all monuments and permanent control points, and all property pins, either set or located. (8) The identification of any portions of the property intended to be dedicated or granted for public use such as school or parkland. (9) All dimensions, linear and angular, necessary for locating the boundaries of the subdivision lots, streets/roads, alleys, easements and other areas for public or private use. Linear dimensions are to be given to the nearest 1/100 of a foot. All bearings and angles must be expressed in degrees, minutes and seconds. (10) The radii, chords, length or curve, point of tangency and central angles for all curvilinear streets/roads and radii for rounded corners. (11) The boundary lines of the floodway and 100-year flood zones, along with the base flood elevation on each lot as delineated on the flood insurance rate maps (FIRM). (12) The certificate of the surveyor attesting to the accuracy of the survey and the correct location of all pins and monuments shown. (13) Acknowledgment of the owner or owners of the plat of any restrictions, including dedication to public use of all streets/roads, alleys, parks or other open spaces shown thereon and the granting of easements required. (14) All formal irrevocable offers of dedications for all streets/roads, alleys, parks and other uses as required.

22 (15) City staff certificate recommending approval. (16) Certificates for the Director of Equalization, County Treasurer and Register of Deeds. (17) Certificate for the owner attesting that they are the absolute owners of the property being platted. (C) Approval process. The plat shall be submitted to and approved by the City Engineer. The City Council shall serve as the Board of Appeals in the instance that the plat is denied by the City Engineer MAJOR PLATS - URBAN. (A) Scale, size and submittals. (1) The plat shall be at a scale of 50, 60, 100 or 200 feet to 1 inch. (2) The plat shall be drawn on an 11" x 17" sheet. (3) The developer shall submit 4 copies and 1 Mylar copy to the City Engineer. All copies shall be signed by the owners and be sealed and signed by a registered land surveyor in the State of South Dakota. (B) Information required (this information shall be required for both preliminary and final plats). (1) The proposed name of the subdivision. The name shall not duplicate, be the same in spelling or alike in pronunciation with the name of any other recorded subdivision, unless it is an extension of or adjacent to said recorded subdivision. (2) The names of all adjacent subdivisions, all lot and block lines, types of easements and rights-of-way. Adjoining unplatted property shall be labeled as such. (3) A systematic lot and block numbering pattern, lot lines and street names, and the square footage of all lots. (4) The location and width of all proposed and existing rights-of-way, alleys, and easements, as well as the location of any parks. A final storm drainage study as required by the storm drainage design and technical criteria manual shall be submitted for final approval. (5) The boundary lines of the area being subdivided with accurate angles or bearings and distances tying the perimeter boundaries to the nearest established street line, section corner, other previously described subdivision or a city recognized permanent monument which shall be accurately described on the plat. (6) The correct legal description, notation stating acreage, scale and north arrow. (7) Location of all monuments and permanent control points, and all property pins, either set or located. (8) The identification of any portions of the property intended to be dedicated or granted for public use such as school or parkland.

23 (9) All dimensions, linear and angular, necessary for locating the boundaries of the subdivision lots, streets/roads, alleys, easements and other areas for public or private use. Linear dimensions are to be given to the nearest 1/100 of a foot. All bearings and angles must be expressed in degrees, minutes and seconds. (10) The radii, chords, length or curve, point of tangency and central angles for all curvilinear streets/roads and radii for rounded corners. (11) The boundary lines of the floodway and 100-year flood zones, along with the base flood elevation on each lot as delineated on the flood insurance rate maps (FIRM). (12) The certificate of the surveyor attesting to the accuracy of the survey and the correct location of all pins and monuments shown. (13) Acknowledgment of the owner or owners of the plat of any restrictions, including dedication to public use of all streets/roads, alleys, parks or other open spaces shown thereon and the granting of easements required. (14) All formal irrevocable offers of dedications for all streets/roads, alleys, parks and other uses as required. (15) City Council resolution recommending approval. (16) Certificates for the Director of Equalization, County Treasurer and Register of Deeds. (17) Certificate for the owner attesting that they are the absolute owners of the property being platted. (C) Approval process. (1) All major plats will follow preliminary and final plat procedures. (2) Preliminary plat. The preliminary plat will be subject to review and approval of the City Planning Commission. Prior to submittal to the City Planning Commission, the plat will be reviewed by the City Engineer. An approved preliminary plat shall be kept on file in the office of the City Engineer. Approval of the preliminary plat indicates approval of the development concept only, and it does not constitute an acceptance or approval of the subdivision plan or final plat. Therefore, no building permits shall be issued based upon approval of the preliminary plat. (3) Final plat. The final plat shall be submitted to the City Planning Commission for review and recommendation to the City Council. The City Planning Commission shall act upon the final plat within 30 days after the submission of the final plat to the City Engineer. If no action is taken within 30 days of submission, said final plat shall be deemed to have been recommended for approval and forwarded to the City Council for action. Building permits may only be issued once the plat has been recorded at the Register of Deeds. (D) Effective period of preliminary plat. The approval of a preliminary plat shall remain effective for a period of 3 years, at the end of which time approval of the plat or a portion thereof must again be obtained from the city. Any preliminary plat which has not received full approval for all its content within 3 years may be declared void and the applicant will be required to resubmit a new preliminary plat for review and approval subject to any new subdivision regulations.

24 (E) Revisions to preliminary plat. Amendments to an approved preliminary plat may be submitted at any time, during its effective period, by the developer. Minor changes, such as street or subdivision names, lot lines, easements, drainage or lot and block number, may be approved by the City Engineer. Major changes, such as a change in street layout, open space or parkland dedication, number of lots or perimeter boundaries, will follow the procedure for approval of a preliminary plat as required in this section RURAL PLATS OUTSIDE OF JJZA. (A) Scale, size and submittals. Requirements are as those in (A) except that: (1) The developer shall submit 5 sheet copies and 1 Mylar copy to the City Engineer. (2) All copies shall be signed by the owners and be sealed and signed by a registered land surveyor in the State of South Dakota. (B) Information required. Requirements as those in (B) with the following additions: (1) Certificate for Clay County Planning Commission approval. (2) Clay County Commissioners' resolution recommending approval. (3) Certificate of Township Street Authority. (4) Certificate of Approval by the Highway Authority. (C) Approval process. (1) The City Engineer shall submit a copy of the plat to the County Zoning Administrator within 5 working days of receipt. (2) The plat shall be submitted to and approved by the City Engineer. The City Council shall serve as the Board of Appeals in the instance that the plat is denied by the City Engineer. Once the city has approved the plat, the developer shall submit the plat to the county's Planning and Zoning Director. The Planning and Zoning Director shall present the plat to the county's Planning Commission and to the County Commissioners. Once the county has approved the plat, the developer may record the plat document. In the event that the county has any additional requirements, the developer will need to resubmit the plat to the city for re-approval PLATS INSIDE OF JJZA THE JOINT JURISDICTIONAL ZONING AREA. (A) Scale, size and submittals. Requirements shall be the same as those required in (A) except: (1) The developer shall submit 5 sheet copies and 1 Mylar copy to the City Engineer.