Proposed Agenda WATERTOWN CITY PLAN COMMISSION City Council Chambers 23 Second Street NE. Thursday, June 9, 2016

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1 Proposed Agenda WATERTOWN CITY PLAN COMMISSION City Council Chambers 23 Second Street NE Thursday, June 9, 2016 Call to Order 4:15 pm (Immediately following the Board of Adjustment Meeting) Roll Call 1. Approval of Agenda 2. Approval of minutes from the April 21 and May 5, 2016 meetings. 3. Northerly 18 of S. Lake Drive Adjacent to Lots 6 27, Block 2 Arends Park Addition Vacation a. Commission Action on Resolution (Vacation) 4. Watertown Community Center Addition Plat a. Commission Action on Resolution (Plat) 5. Lyons Park Area north of the intersection of 1 st Avenue NW and 3 rd Avenue NW Rezone a. Public Hearing b. Commission Action on Resolution (Rezone) 6. Listing Commercial Recreational Uses as Conditional Uses in I-1 and I-2 Districts Ordinance Amendment a. Public Hearing b. Commission Action on Resolution (Ordinance Amendment) 7. Old Business 8. New Business 9. Executive Session 10. Motion to Adjourn COMMISSION MEMBERS: Please notify Lori at X14 or lmarscheider@watertownsd.us as soon as possible upon receipt of this Agenda if you will not be able to attend the meeting.

2 OFFICIAL PROCEEDINGS PLAN COMMISSION CITY OF WATERTOWN, SD April 21, 2016 Members Present: Dennis Arnold, Jason Hanson, Jayson Maguire, John Stonebarger Pat Shriver, Mark Stein, and Blake Dahle Also Present: Ken Bucholz, Jill Steiner, Shane Waterman, Luke Muller, Mark Meier, Ray Tesch, Mayor Thorson & others Approval of Agenda: Motion was made by Stonebarger and seconded by Stein to approve the agenda. Motion carried unanimously. Approval of Minutes from the March 24, and April 7, 2016 meetings: Motion was made by Arnold and seconded by Hanson to approve the minutes from the March 24 and April 7, 2016 meetings. Motion carried. Annexation, Zoning, and Rezoning of a Portion of the N1/2 of Section between the Big Sioux River and 20 th Avenue SE: Acting City Planner Luke Muller introduced the topic. The area is between the Big Sioux River and 20 th Avenue South, and encompasses the Hanten Farm and additional property of approximately 35 acres. It is currently zoned Agriculture in the county and is proposed to be zoned I-2 after annexation. This area is in the long-range Comprehensive Land Use Plan as lowintensity use, primarily due to the flood plain in this area. Glacial Lakes Energy plans to utilize the property for a rail loop and tank farm. Shriver opened the public hearing. Paul Calkins with Glacial Lakes Energy stated they have a Conditional Letter of Map Revision (CLOMR) from FEMA. Once the project is completed, GLE will apply for a Letter of Map Amendment (LOMR), which means they have proven that the changes they are implementing in the flood plain will not affect the rise of the floodplain in this area. Motion was made by Stein and seconded by Stonebarger to recommend approval of Resolution (annexation). Motion carried unanimously. Motion was made by Arnold and seconded by Dahle to recommend approval of Resolution (zoning). Motion carried unanimously. Motion was made by Stonebarger and seconded by Stein to recommend approval of Resolution (rezoning). Motion carried unanimously. Old Business: Plat of South Side Addition: Luke explained that this a follow-up to the March 24 meeting, where the rezoning and vacation of the ROW was approved, and at which time the plat was not approved because of unanswered questions about access. It has since been decided that access will be off Highway 81 on the northern edge of Lot 2, which will be a shared easement and will connect to the streets already platted. At some time in the future, these roads will be expected to be paved. The 10 gas main along 4 th Street East will be retained, but will eventually be relocated to avoid the location of the new building. In order to finalize building plans, the petitioner need to purchase the property, and they can t purchase the property until it is platted. The petitioner is working with Municipal Utilities on the future relocation of the gas main. A question was asked when the streets are paved, would they be half or full streets? Mayor Thorson stated that he would not be in favor of a half streets. Motion was made by Stonebarger and seconded by Maguire to recommend approval of Resolution Motion carried unanimously. Page 1 of 2

3 OFFICIAL PROCEEDINGS PLAN COMMISSION CITY OF WATERTOWN, SD April 21, 2016 Discussion on Woods Addition: Luke briefly introduced the topic. After the March 10 meeting where approval of the plat failed, Mr. Jerald Koistenen asked for another opportunity to address the commission because he was unable to attend that meeting. Mr. Koistenen explained his reasons for wanting to plat the property with a nonconforming lot. His business is tied into the sewer that is located in the easement, and if he moves the line 17 to the west to meet the required lot size, he would lose access to the sewer hookup. Mark Meier, Municipal Utilities, suggested that if the lot line was moved to the west, Mr. Koistenen could acquire an easement as part of the land sale, which would retain his access to the sewer. The easement could not have a building on it, but could be paved over and used as parking. Pat Shriver added that the commission s mindset when making the decision was that by moving the line over, not only would the lot be compliant, but it would have more buildable space. Mr. Koistenen stated that he is reconsidering not selling the lot, and is considering putting up a building and leasing it out instead. Building Official Ken Bucholz stated that would be allowed on this property. There were no further questions, and no action was taken. Update on Stony Point Mayor Thorson gave an update on Stony Point, stating that SEH has been retained by the city to review and compare the RESPEC Report and the Aason Engineering Report. This was an update only, and no action was taken. New Business: None Executive Session: Not held. Motion to adjourn was made by Stein and seconded by Maguire. Motion carried unanimously. Pat Shriver, Chairman Page 2 of 2

4 OFFICIAL PROCEEDINGS PLAN COMMISSION CITY OF WATERTOWN, SD May 5, 2016 Members Present: Absent: Also Present: Shriver, Stein, Dahle, Hanson, Arnold, Stonebarger, & Albertsen Maguire Ken Bucholz, Jill Steiner, Shane Waterman, Luke Muller, Mark Meier, Pete Boyer, Chip Premus, & others Approval of Agenda: Motion was made by Arnold and seconded by Stein to approve the agenda. Motion carried unanimously. Plat of Lot 8, Prairie Hills Development Second Addition Pat Shriver announced that Dennis Arnold has recused himself from voting on this item, as he is the property owner. Luke Muller explained that this is a conventional plat that complies with the Comprehensive Land Use Plan for this area. The Preliminary Plan for this subdivision was approved in 2006, and that plan showed a through-street; however multiple subsequent plats that showed a cul-de-sac have been approved, so staff now considers this layout to be a long-term plan. Staff recommends approval of this plat. Pat Shriver opened the public hearing, then with no one coming forward, closed the public hearing. Motion was made by Stonebarger and seconded by Stein to recommend approval of Resolution for the plat of Lot 8, Prairie Hills Development Second Addition. Motion carried unanimously. Old Business: None New Business: Luke mentioned that two items will be coming before the commission in the near future. One is an ordinance amendment that would allow certain recreational uses in industrial zones. The question came up about using a property in an industrial zone for exercise/gymnastics use. This is currently not listed as a permitted use or conditional use. The other item is the possibility of allowing accessory structures with sidewalls exceeding the maximum height that is listed in the ordinance. These items will be brought forward at a future meeting. This was a discussion only and no action was taken. Executive Session: Not held. Motion to adjourn was made by Stein and seconded by Dahle. Motion carried unanimously. Pat Shriver, Chairman Page 1 of 1

5 Request for Plan Commission Action TO: Plan Commission THROUGH: Pat Shriver, Chairman FROM: Luke Muller, Interim Planner MEETING DATE: June 9, 2016 SUBJECT: 18 Vacation South Lake Drive Adjacent to Arends Park Subdivision Petitioner: Jeff and Paula Orthaus, Dennis Murphy, Donald Roby, Alan and Michele Hendricks, Valerie Nordhus, Eric Meier, Heath and Anne Rylance, Aaron and Jody Aadland, Lois Johnson, Randall Hartley (Trustee of Randall A. Hartley Revocable Trust, Dated December 3, 2015), Barbara Naab, Ardyce and Dean Gackstetter (Trustees of Gackstetter Family Trust), Hazel Nygaard (Trustee of Hazel Nygaard Trust), and Steven and Beverly Mack (Trustees of Steve C. and Beverly A Mack Living Trust), all (15) owners of the adjacent properties Background: Petitioners request the northerly 18 of South Lake Drive between the West edge of Lot 27, Block 2 to the midpoint of Lot 6 of Arends Park Addition. The request is made to make legal the existence of structures already located in the right of way and allow consideration of future construction in the area to be vacated. Facts: Petitioner was advised by the Plan Commission that the Board would not consider vacating a portion of S. Lake Drive unless ALL adjoining landowners in this area signed. S. Lake Drive is a collector street in this stretch. Right-of-way west of this stretch is 70 wide, east of this property varies between 50 and 88. This stretch of S. Lake Drive is approximately 1,100 feet long. As of the date of this report, staff is aware of no public structures/utilities located in the 18 proposed to be vacated. Vacating 18 of Right-of-Way would leave a remaining 70 right-of-way for S. Lake Drive and the bike trail. Action: Plan Commission decision on Resolution History: Future: 05/02/16 Petition Received 06/02/16 Plan Commission Recommendation 06/20/16 City Council Public Hearing and action 06/25/16 Published if Approved 07/15/16 Effective

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21 / Plan Commission Resolution Vacation of North 18' of South Lake Drive LAKE DR S Legend Right-of-Way to be Vacated Private Lots Right-of-Way

22 Report and Recommendation of the Watertown City Plan Commission For Vacation of a portion of Public Right of Way adjacent to South Lake Drive To the City Council of the City of Watertown, Codington County, South Dakota: The undersigned hereby certifies that the following is a true, correct and complete copy of a Resolution adopted at the 9 th day of June, 2016 meeting of the Watertown Plan Commission, to-wit: RESOLUTION BE IT RESOLVED by the City Plan Commission of the City of Watertown, South Dakota, that a Petition for Vacation of Public Right of Way adjacent to South Lake Drive has been submitted to the Mayor and City Council of the City of Watertown, Codington County, South Dakota, the location of that part of public right of way petitioned for vacation is described as The Northerly Eighteen Feet of South Lake Drive from the West edge of Lot 27 of Block 2 of Arends Park to the midpoint of Lot 6 of Block 2 of Arends Park and it appearing that said public right of way vacation is of land lying within the City of Watertown, and it further appearing that said vacation is in all respects lawful and entitled to approval, that said vacation of public right of way is hereby referred to the City Council of the City of Watertown, with the recommendation of the City Plan Commission that the City Council approve the vacation. I further certify that the foregoing Resolution is now in full force and effect and unrevoked. Dated this 9th day of June, 2016 Pat Shriver, Chairman, Watertown City Plan Commission

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24 PC Resolution Plat of Watertown Community Center Addition 19TH ST NE 11TH ST NE / 14TH AVE NE Legend Drainage Outlot A - Wtn Com Center Addn Lot 1 - Wtn Com Center Addn Right-of-Way

25 REPORT AND RECOMMENDATION OF THE CITY PLAN COMMISSION To the City Council of the City of Watertown, Codington County, South Dakota: The undersigned hereby certifies that the following is a true, correct and complete copy of a Resolution introduced, fully discussed, and approved and adopted during the meeting of the City Plan Commission held on the 5 th day of May, RESOLUTION WHEREAS, Applicant, City of Watertown, is the owner of property legally described as: The North 32 Feet of the South 1532 Feet of Lot 2 LESS the East Feet, of the plat entitled: Mack Estate Addition located in the Southeast Quarter of Section 20, Township 117 North, of Range 52 West of the 5 th P.M., Codington County, South Dakota; ; AND The 30 Feet lying immediately East of the following: The North Feet of the South 1500 Feed LESS the West Feet and LESS the East Feet of Lot 2 of the plat entitled: Mack Estate Addition located in the Southeast Quarter of Section 20, Township 117 North, Range 52 West of the 5 th P.M., Codington County, South Dakota ; AND The North Feet of the South 1500 Feet less the West Feet and LESS the East Feet of Lot 2 of the Plat Entitled: Mack Estate Addition located in the Southeast Quarter of Section 20, Township 117 North, Range 52 West of the 5 th P.M., Codington County, South Dakota ; AND The South Feet of the West 1990 Feet, LESS the South 33 Feet of the West Feet and LESS the North Feet of the South Feet of the West Feet and LESS Hosanna Church Addition to the City of Watertown, all in Lot 2 of the plat entitled: Mack Estate Addition located in the Southeast Quarter of Section 20, Township 117 North, Range 52 West of the 5 th P.M., Codington County, South Dakota WHEREAS Applicant wishes to subdivide the above described real property; and WHEREAS whenever any subdivision of land is proposed, the owners or authorized agent shall apply for and secure approval of such subdivision plat in accordance with the procedures set forth in Title 24 of the Revised Ordinances of the City of Watertown, South Dakota; and NOW THEREFORE BE IT RESOLVED by the City Plan Commission of the City of Watertown, South Dakota, that the Plat of Watertown Community Center Addition to the Municipality of Watertown, in the County of Codington, South Dakota has been examined and it appears that said plat is in all respects lawful and entitled to approval, and that said plat is hereby recommended for approval. I further certify that the foregoing Resolution is now in full force and effect and unrevoked. IN WITNESS WHEREOF, I have hereunto set my hand this 6 th day of June, Pat Shriver, Chairman City Plan Commission

26 Request for Plan Commission Action TO: Plan Commission THROUGH: Pat Shriver, Chairman FROM: Luke Muller, Interim Planner MEETING DATE: June 9, 2016 SUBJECT: City Property Rezone Background: Lyons Park, north of the intersection of 3 rd Avenue NW and 1 st Avenue NW is primarily zoned PUD with some I-1 and R-2A Zoning. No PUD proposal is on file for the property, therefore no building permits can be issued for the property until a plan is updated or the property is suitably zoned. Facts: 1. Adjacent Zoning Designation: A-1 Agricultural District (park) north. R-2A Single Family Attached Residential District west. A-1 Agricultural District (park); I-1 Light Industrial District east. A-1 Agricultural District (park); I-1 Light Industrial District south. 2. Minimum Lot Requirements: A-1 Current Property a. Min. Lot Area: 35 Acres >35 Acres b. Min. Lot Width: 400 ft 1,100 ft c. Min. Front Yard: 30 ft NA d. Min. Side Yard: 25 ft NA e. Min. Rear Yard: 40 ft NA 3. The properties will be able to conform with the A-1 District s lot requirements. 4. Approval of the rezoning will allow the construction of structures accessory to the park(s) located on these parcels held under contiguous ownership by the City. Recommendation: Staff recommends that the Plan Commission approve the rezone to A-1. Action: Plan Commission action on Resolution History: Future: 04/21/16 Plan Commission Initiated the Rezone 06/09/16 Plan Commission Public Hearing 06/20/16 City Council First Reading 07/05/16 City Council Second Reading and Public Hearing 07/09/15 Published if Approved 07/29/15 Effective

27 6TH AVE NW 4TH ST NW 5TH AVE NW 8TH ST NW 9TH ST NW 4TH AVE NW 8TH ST NW SKYLINE DR 3RD AVE NW 1ST AVE NW RAMP KAMPESKA BLVD N / 1 inch = 300 feet 7TH AVE NW 6TH AVE NW 5TH AVE NW 4TH AVE NW Legend To be rezoned from I-1 to A-1 Vicinity Map Resolution TH ST NW To be rezoned from PUD to A-1 To be rezoned from R-2A to A-1

28 Report and Recommendation of the City Plan Commission to Change Zoning District Boundaries To the City Council of the City of Watertown, Codington County, South Dakota: The undersigned hereby certifies that the following is a true, correct and complete copy of a Resolution introduced, fully discussed, and approved and adopted during the duly called meeting of the City Plan Commission held on the 9 th day of June, RESOLUTION BE IT RESOLVED by the City Plan Commission of the City of Watertown, South Dakota that: WHEREAS, the City of Watertown intends to rezone real property, legally described as: Charles A. Todd Outlot to Watertown, South Dakota, in the Southwest Quarter of Section 30, T117N, R52W, of the Fifth P.M.; and Trail Way Addition to the City of Watertown, South Dakota; and Lots 4 & 5 of Trail Way Addition to the City of Watertown; and Block 7, The West Addition, Blocks 4 7, to Watertown, Dakota Territory; and Vacated Fourth Avenue North (formerly Second Avenue) lying North of Block 7, The West Addition, Blocks 4 7, to Watertown, Dakota Territory, from its existing designation of PUD Planned Unit Development pursuant to Watertown Revised Ordinance to A-1 Agricultural District pursuant to Watertown Revised Ordinance and, Block 4, The West Addition, Blocks 4 7, to Watertown, Dakota Territory; and Block 3, The West Addition to Watertown, Dakota Territory, less road; and Block 2, The West Addition to Watertown, Dakota Territory; and Block 1, Davis Addition to Watertown, Dakota Territory, from its existing designation of R-2A Single Family Attached Residential District pursuant to Watertown Revised Ordinance to A-1 Agricultural District pursuant to Watertown Revised Ordinance and, Lot A of Charles A. Todd Outlot to Watertown, South Dakota, in the Southwest Quarter of Section 30, T117N, R52W, of the Fifth P.M. from its existing designation of I-1 Light Industrial District pursuant to Watertown Revised Ordinance to A-1 Agricultural District pursuant to Watertown Revised Ordinance WHEREAS, the City Plan Commission of the City of Watertown has investigated and determined that the zoning districts meet all requirements set forth by City ordinance and is in accordance with the orderly planned development of the City. NOW, THEREFORE, the City Plan Commission of the City of Watertown does hereby recommend to the City Council of the City of Watertown that 1) it adopt an Ordinance rezoning the above referenced property from PUD Planned Unit Development pursuant to Watertown Revised Ordinance to A-1 Agricultural District pursuant to Watertown Revised Ordinance 21.12, and 2) it adopt an Ordinance rezoning the above referenced property from R-2A Single Family Attached Residential District pursuant to Watertown Revised Ordinance

29 21.18 to A-1 Agricultural District pursuant to Watertown Revised Ordinance 21.12, and 3) it adopt an Ordinance rezoning the above referenced property from I-1 Light Industrial District pursuant to Watertown Revised Ordinance to A-1 Agricultural District pursuant to Watertown Revised Ordinance 21.12, and 4) the zoning districts be extended to the centerline of all adjacent street and alley rights-of-way. I hereby certify that the above Resolution No was duly adopted by the City Plan Commission of the City of Watertown. Dated this 9 th day of June, 2016 Pat Shriver, Chairman Watertown City Plan Commission 2

30 Request for Plan Commission Action TO: Plan Commission THROUGH: Pat Shriver, Chairman FROM: Luke Muller, Interim Planner MEETING DATE: June 9, 2016 SUBJECT: Commercial Recreational Uses as Cond. Uses in the I-1 and I-2 Districts Background: During the May 5, 2016 Plan Commission Meeting Staff notified the Board that at least one fitness facility is currently located in an I-1 zoned property and a gymnastics facility which was formerly a nonconforming use in an I-1 property is considering moving to an I-2 zoned property. Fitness or similar recreational uses are not listed as allowed in either industrial district. Plan Commission instructed staff to get amendment to next possible meeting. Proposal: Define Recreational Use, Commercial List Commercial Recreational Uses as conditional uses in the I-1 and I-2 Districts. Considerations: Reasons to support amendment: Staff is aware of 2 fitness facilities (without permit) and one gymnastics facility (nonconforming use) which have operated in the I-1 District in the past without complaint or conflict with adjacent land uses. o Denial of amendment would likely compel the City to order the discontinuation of any similar uses currently operated without permit in the I-1 or I-2 District. Allows opportunity for infill business within previously constructed contractor shops/storage buildings constructed with high steel sidewalls. Reasons to deny amendment: Allowing Recreational Uses would be inharmonious with heavy and light industrial uses, where the industrial districts are reserved for manufacturing uses which may be considered noxious to neighboring property. Traffic patterns and parking conflict with heavy and light industrial shipping, receiving, and shiftwork. In addition, retrofitting parking lots from manufacturing to recreational uses has led to insufficient parking in other communities. Allowing commercial/recreational uses in Industrial Districts increases likelihood of future conflict between lawfully operated uses within the same district. The amendment is not supported by Watertown Fire Rescue on the following grounds: o If a malfunction occurs at a manufacturing facility being lawfully operated in an industrial district the potential for large fires, explosions, and chemical release that threatens public safety is larger.

31 o o o West Texas had a large explosion in 2013 that had 15 fatalities and 260 injuries. The US Chemical Safety Board noted a large contributing factor to the large injuries was proper zoning was not in place or enforced. Recreational uses and high walled facilities are allowed in Commercial Districts. Allowing recreational activity in these areas could affect the efficiency of emergency response. The responders would have more people to evacuate which takes time and resources. These resources should be used to mitigate the immediate threat be it chemical or fire exposure. For future reference: WFR recommends removal of daycares (unless accessory to an industrial business), restaurants, and hotels from the Industrial Districts. Summary: The Planning Commission must determine whether commercial recreational uses are in harmony with the purpose and other uses in the Industrial zoning districts or whether they can be with certain restrictions. Action: Plan Commission Action on Resolution

32 REPORT AND RECOMMENDATION OF THE CITY PLAN COMMISSION TO THE CITY COUNCIL OF THE CITY OF WATERTOWN, SOUTH DAKOTA: The undersigned hereby certifies that the following is a true, correct and complete copy of a Resolution introduced, fully discussed, and approved and adopted during the duly called meeting of the City Plan Commission held on the 9 th day of June, 2016: RESOLUTION A RESOLUTION RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING CHAPTER 21.32, CHAPTER 21.36, AND CHAPTER OF THE REVISED ORDINANCES OF THE CITY OF WATERTOWN BE IT RESOLVED by the Plan Commission of the City of Watertown, South Dakota, that I-1 Light Industrial District Conditional Uses in Section of the Revised Ordinances of the City of Watertown be amended as follows: : CONDITIONAL USES The Board of Adjustment may permit other uses which in its opinion are not detrimental to other uses and are in the general character of other uses in the I-1 District. These may include all manufacturing and processing uses, but do not include extractive or mining operations. (Ord 04-04; Rev ) 1. Restaurants. 2. Motels. 3. Funerary Service. (Ord 08-04; Rev ) 4. Funerary Service. (Non Human) (Ord 08-04; Rev ) 5. Commercial Recreational Facility. BE IT FURTHER RESOLVED by the Plan Commission of the City of Watertown, South Dakota, that I-2 Heavy Industrial District Conditional Uses in Section of the Revised Ordinances of the City of Watertown be amended as follows: : CONDITIONAL USES 1. Acid manufacture. 2. Automobile wrecking, cars and parts, storage and sale. 3. Cement, lime, gypsum or plaster of Paris manufacture. 4. Distillation, manufacture or refining of bones, coal or tar asphalt. 5. Explosives, manufacture or storage. 6. Fat, grease, lard or tallow rendering or refining. 7. Fertilizer manufacture (from organic matter). 8. Glue or size manufacture. 9. Garbage, offal or dead animal reduction or dumping. 10. Junk and salvage (metal, paper, rags, waste or glass) storage, treatment or baling. 11. Paper manufacture. 12. Petroleum or asphalt refining. 13. Petroleum products terminal. 14. Smelting of tin, copper, zinc or iron ores.

33 15. Storage or processing of rawhides or furs. 16. Stockyards or slaughter of animals. 17. Funerary Service. (Ord 08-04; Rev ) 18. Funerary Service. (Non Human) (Ord 08-04; Rev ) 19. Commercial Recreational Facility Additionally, in general those uses which have been declared a nuisance in any court of record, or which may be noxious or offensive by reason of odor, dust, gas, smoke or noise. BE IT FURTHER RESOLVED by the Plan Commission of the City of Watertown, South Dakota, that Chapter of the Revised Ordinances of the City of Watertown establishing definitions for terms in the Zoning Ordinance be amended by adding the following definition: Recreation Facility, Commercial: a place designed and equipped for the conduct of sports, leisure-time activities, and other customary and usual recreational activities, either active or passive and operated as a business and open to the public for a fee. I hereby certify that the above Resolution was duly adopted by the City Plan Commission of the City of Watertown. Dated this 9 th day of June, Pat Shriver, Chairman Watertown City Plan Commission