1. Roll Call. 2. Minutes a. September 24, 2018 Special Joint Meeting with Clay County Planning Commission. 3. Adoption of the Agenda

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1 1. Roll Call City of Vermillion Planning Commission Agenda 5:30 p.m. Regular Meeting Tuesday, October 9, 2018 City Council Chambers 2 nd Floor City Hall 25 Center Street Vermillion, SD Minutes a. September 24, 2018 Special Joint Meeting with Clay County Planning Commission. 3. Adoption of the Agenda 4. Visitors to Be Heard a. Introduction of Mr. James Purdy, Assistant City Manager. 5. Public Hearings b. Request for Conditional Use Permit for the construction, and operation, of storage units at 909 Princeton (said storage units would be located within the land described as Lot 6, Block 2, Lotuswood Addition to the City of Vermillion, Clay County, South Dakota). 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, September 24, 2018 Special Joint Meeting with the Clay County Planning Commission The meeting of the Vermillion Planning Commission was called to order in the Large Conference Room at City Hall on September 24, 2018 at 5:30 p.m. 1. Roll Call Present: Fairholm, Forseth, Kleeman, Muenster, Ohler, Tuve, Wilson, Iverson. Absent: Manning. Staff present: José Domínguez, City Engineer. 2. Minutes a. August 27, 2018 Regular Meeting. Moved by Commissioner Muenster to adopt August 27, 2018 Regular Meeting Minutes as written, seconded by Commissioner Tuve. Motion carried Adoption of the Agenda Moved by Commissioner Fairholm to adopt the agenda as printed, seconded by Commissioner Forseth. Motion carried Visitors to be Heard None. 5. Public Hearing a. Request to Rezone land from A1 Agriculture to RR Rural Residential in the Joint Jurisdictional Zoning Area. The areas proposed to be rezoned are generally described as: Rolling Hills Addition and other parcels bounded on the west by University Road, the south by 316th Street, the east by farm ground owned by Darlene Bottolfson and to the north by farm ground owned by Jay Bottolfson; and, Seilers 2nd Addition which is bounded on the west by Princeton Avenue, the south by farm ground owned by Erlin Ellison, the east by farm ground owned by Donald Seiler and the north by farm ground owned by Donald Seiler; and, Hillside Acres Addition which is bounded on the west by South Dakota Highway 19, the south by farm ground owned by Charm Acres LLC, the east by Carr Street and the north by farm ground owned by Mary Jane Heine Living Trust. Cindy Aden, Clay County Planning & Zoning Administrator, explained that there are areas in the Joint Jurisdictional Areas that are clearly residential in use yet are zoned Agriculture creating a variety of issues: Anyone building a home must obtain a conditional use permit; accessory buildings and other things being used in a residential way. In conjunction with the City, it is proposed to rezone the three aforementioned areas as they are currently being used. Most of the questions received from the public are in regards

3 to the possibility of increased taxes. Ms. Aden states she has been assured by the Director of Equalization Office that taxes will not change because zoning has changed. Another concern revolves around the idea that the rezone will ultimately result in annexation to the City of Vermillion. Ms. Aden reported that at the informational meeting, John Prescott, City Manager, explained that generally an annexation occurs prior to a rezone. Additionally, in order to annex property to the City, it must be contiguous to the City or property owners must submit a petition to be annexed. Many people voiced concern that backyard chickens would be prohibited as a result of the rezone. Ms. Aden explained that as long as chickens are permitted within the covenants and the property owner is not earning their living from raising the chickens, nothing in the zoning regulations would preclude property owners from having them. The three areas selected for the initial rezone were chosen because they are very clearly defined in that they ve all been platted (with the exception of two properties on University Road in the Rolling Hills Addition). Staff recommend approval of the rezone as well as a recommendation to take the next step of a joint meeting of the Clay County Board of Directors and the Vermillion City Council. Caroline Jensen, 926 E 316 th Street, Vermillion, SD, states she believes her property is not platted as part of Rolling Hills Addition. After learning she was not part of the rezone she had no questions. Clayton Campbell, 1919 Old Bridge Road, states he presently operates a custom farming business from the property and wonders if anything will change with the proposed rezone. Ms. Aden explained that there should not be a change to the current use that people are utilizing the property for as long as they continue to reside there. It will be a grandfathered use. If/when the property is sold, it must be used only in a residential way. Commissioner Iverson asked if there is a gap in time of business operation would the property owner still be grandfathered in? As zoning regulations are complicated, Ms. Aden stated she would prefer to review and confer with City Staff prior to stating yes or no. Much is dependent upon individual parcels. Motion to recommend the request to Rezone land from A1 Agriculture to RR Rural Residential in the Joint Jurisdictional Zoning Area. The areas proposed to be rezoned are generally described as: Rolling Hills Addition and other parcels bounded on the west by University Road, the south by 316th Street, the east by farm ground owned by Darlene Bottolfson and to the north by farm ground owned by Jay Bottolfson; and, Seilers 2nd Addition which is bounded on the west by Princeton Avenue, the south by farm ground owned by Erlin Ellison, the east by farm ground owned by Donald Seiler and the north by farm ground owned by Donald Seiler; and, Hillside Acres Addition which is bounded on the west by South Dakota Highway 19, the south by farm ground owned by Charm Acres LLC, the east by Carr Street and the north

4 by farm ground owned by Mary Jane Heine Living Trust by Commissioner Tuve and seconded by Commissioner Wilson. Motion carried Old Business None. 7. New Business None. 8. Adjourn Moved by Commissioner Forseth to adjourn, seconded by Commissioner Wilson. Motion carried 8-0. Commissioner Iverson declared the meeting adjourned at 5:49 p.m.

5 5. Public Hearings; item a Planning Commission Agenda Memo From: Jose Dominguez, City Engineer Meeting: October 9, 2018 Subject: Presenter: Request for Conditional Use Permit for the construction, and operation, of storage units at 909 Princeton (said storage units would be located within the land described as Lot 6, Block 2, Lotuswood Addition to the City of Vermillion, Clay County, South Dakota). Jose Dominguez Background: The City received an application from Mr. Scott Henderson for a Conditional Use permit (CUP) to construct and operate storage units at 909 Princeton Street. The proposed storage units would be located within the GB General Business District. Storage units are allowed within the district; however, a Conditional Use permit is required. Discussion: This CUP is for the construction and operation of storage units. The City s current process for conditional uses follows the Code of Ordinances section The City s ordinance sets the Planning Commission as the body that grants CUPs. The City Council acts as the body of appeal if the applicant feels aggrieved by conditions set by the Planning Commission. The Planning Commission may place conditions that are appropriate and necessary to insure compliance with the Comprehensive Plan and protect health, safety, and general welfare Unless otherwise specified in the ordinance, the Planning Commission reviews each permit for the following items: CRITERIA Ingress and egress (location of entrance, width of lane, access control, sidewalks, STAFF COMMENTS AND RECOMMENDATIONS The proposed plan will meet ordinance The lot where the storage units is being constructed is a corner lot bounded by Princeton Street and Duke Street. Princeton is a collector street and Duke is a local street. In this situation, the ordinance requires that the access to the lot be from the local

6 number of access points, fire lanes) street. As such, the ordinance allows 1 access point per frontages less than 200-feet in length. The access point would need to be at least 40-feet from the right-of-way line of the crossing street. The maximum width of the access point is 36-feet. The building permit will require that all of the sidewalks along the south and west side of the property be constructed prior to occupancy being granted. Off-street parking and loading (number of off-street parking, location of offstreet parking, location of loading zone in relation to intersection pedestrians and vehicles) Refuse and services areas There are no off-street parking requirements for storage sheds. The area designated for future shop will require offstreet parking. This requirement will have to be met by the applicant once the building permit for that construction is requested. Additionally, parking is allowed in the GB General Business District within the required front yards. Not applicable (location of refuse area) Utilities (location of fire hydrants) Screening and buffering (screening/buffering area, general description screen/buffer) Signs The City will not have to extend any utilities to serve this property. However, the owner s provided lighting will have to meet the City s requirement found in the landscaping standards. These requirements are meant to reduce the amount of nuisance created by commercial style lighting. Screening is required by the adopted landscaping standards when a commercial use abuts a residential use. The screening can be fencing, a wall, shrubbery 6-feet in height, or berms. No signage has been requested at this time. If a sign application is submitted they will be required to follow the existing sign code.

7 Required yards and open spaces General compatibility (construction to mimic residential structure, if within a residential district) All construction will happen within the required setbacks. The proposed construction will be compatible with the north, south and west neighbors. The previously mentioned screening along the east property line is to diminish conflicts with the residential neighbor along the east side. Additionally, the City reviewed the proposed plan with respect to the storm drainage criteria. This project is considered a new development since the construction will take place in an undeveloped empty lot. This allows for the impervious area on the new construction site not to exceed 50% of the lot area. The proposed development will cover approximately 40% of the lot area. Due to this, no storm drainage mitigation is required. Any future construction will have to stay below the 50% threshold for nothing to be required. However, if future construction does surpass this limit the storm water generated by the new construction will have to be directed to grassy areas before it reaches the public right-of-way. 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 commercial services that are convenient to residents of Vermillion (pg. 14) Provide a wide range of goods and services (pg. 14) Provide safe and convenient pedestrian movements to and within future commercial areas (pg. 14) Provide a safe and efficient multi-modal transportation system (pg. 26) Enact access management standards that meet or exceed SDDOT guidelines for urban arterial and collector roadways (pg. 26) Discourage driveway entrances onto highways and other major roads where locations may result in traffic hazards or impede traffic flows (pg. 26) Business retention and expansion (pg. 39) Focus new development within existing City limits areas (pg. 67) Conclusion/Recommendations: The Planning Commission is asked to take public comment and grant or deny the Conditional Use Permit application. Staff recommends approval.

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