MINUTES LINCOLN COUNTY PLANNING AND ZONING COMMISSION December 16, 2013 7:00 P.M. Regular Meeting, Commissioners Meeting Room Lincoln County Courthouse ROLL CALL The regular meeting of the Lincoln County Planning and Zoning Commission was brought to order on December 16, 2013 at 7:00 p.m. by Chairman Chad Nelson with members Ron Albers, Ron Larson, Darrel Sogn, Monty De Rousseau, Craig Andersen and County Commissioner Jim Schmidt in attendance at the Lincoln County Courthouse, Commissioners Meeting Room, 104 N Main, Canton, SD 57013. Staff Present were Paul Aslesen, Laurie Lundquist and Gregg Thompson ITEM 1. APPROVAL OF AGENDA A motion was made by Andersen and seconded by Albers to approve the Agenda for December 16, 2013. The motion was unanimous. ITEM 2. APPROVAL OF MINUTES A motion was made by Larson and seconded by Sogn to approve the Minutes for November 18, 2013. The motion was unanimous. ITEM 3. 13-REZ-004 Rezone property from I-1 Light Industrial District to I-2 General Industrial District. Legal Description: Parcel 1: South 500 of the East One-half of the Northeast Quarter (E1/2NE1/4) that lies W of the W Rightof-Way limits of Hwy 11 (Lot H-2) and North of the Northerly Right-of-Way line of the Railroad. Parcel 2: South 500 of the East one-half of the Northeast Quarter (E1/2NE1/4) that lies West of West Right-of-Way line of the Railroad. Both parcels are in Section 17, Township 98N, Range 49W of the 5 th P.M., Lincoln County, South Dakota Location: 28147 SD Hwy 11, Canton, SD Petitioner/Owner: Greg Eckhart/Growmark Present Zoning: I-1 Light Industrial Existing Land Use: I-1 Light Industrial Parcel Size: 13.38 and.0732 Acres Reported by: Director Aslesen Please reference Article 20 Change of Zone on page 20 and the listed uses of the I-1 and I-2 districts. The existing zoning and the petitioned zoning create very little change to the uses for the area. The designation of I-2 will provide for a better technical description by labeling it as a tank farm/petroleum products terminal. The I-1 designation utilizes the use found on page 16 of the commercial district which allows for a transportation, (including gasoline service station) truck stop, and terminal. Truck traffic will be evident as will the utilization of the rail for tanker transport and offloading of the product. The previous activity involved underground transport of the product by pipe with truck traffic for distribution. No negative impacts are anticipated over and above the previous district uses. The pre-dominate uses in the area include row crop farming and small single family residential home sites. No subdivision plan for more homes has been submitted and the county has not received any annexation notifications pertaining to this area from the City of Canton, SD. It is anticipated that the normal and orderly development with improvement will continue as previously accomplished. Petitioner will be making some changes to the area to accommodate the off-loading of the product. Majority of the required items are in place with little or no additional work needed. Requirements by ordinance are complied with.
The rezoning phase of this property will not create nuisance factors. Ordinance requires a Conditional Use Permit for the projected use which will be on an agenda at a later date. Staff encourages a positive recommendation to this rezoning request. Adjacent landowners spoke with their major concerns being drainage, a possible turning lane, suggestion of two driveways, traffic backup on highway with previous business entity. Action: A motion was made by Larson and seconded by Andersen to recommend to approve the rezoning to the County Commission. The motion was unanimous. ITEM 4. 13-REZ-005 For the purpose of Rezoning property from A-1 Agriculture District to I-1 Light Industrial Description: Southeast Quarter of the Southwest Half (SE1/4SW1/2) of Section 32, Township 100N, Range 50W of the 5 th P.M., in Lincoln County, South Dakota Location: 47138 273 rd St, Harrisburg, South Dakota Petitioner/Owner: Kelly Nielsen Present Zoning: A-1 Agriculture Existing Land Use: A-1 Agriculture Parcel Size: 40 Acres Reported by: Director Aslesen Please reference Article 20 Change of Zone on page 100. Additional references include the Lincoln County Comprehensive Plan and various topographic and flood plain maps. The tentative property owner anticipated the need for a contractor s shop with storage area for his company s equipment and business and the subdivision of the 40 acres into lots for I-1 uses. The area is on a major highway and is in close proximity to I-29. Rezoning of the petitioned agriculture land to an I-1 designation would seem to be more favorable than providing for residential development based on the present day FIRMS. Other property in the immediate area is zoned commercial or light industrial. There is a single family residence in close proximity to the West of the petitioned property. The change to an I-1 Light Industrial area may conflict with the existing home but in the long run, because of the topography and existing zoning the effect should not be negative. The area is not in the growth area of any municipality and is not subject to annexation at this time. No requests for subdivision development for residential purposes has been received by the county. The rezoning to I-1 should bring more value to the area. The providing of the above items is the responsibility of the owner/petitioner and will be a consideration when and if a preliminary plan is provided for the development of the area. The requirements will be defined and administered when the preliminary plans are presented to the county for approval. A Conditional Use Permit is required for most uses in the I-1 designated area. Nuisance factors will be considered when the uses are defined by an application for a conditional use permit. Staff encourages a positive recommendation to the rezoning petition. One gentleman spoke in opposition concerned with drainage issues along 9 Mile Creek. With heavy rains his fields are flooded and he stated that he feels with more development will only make the drainage problem worse.
Action: A motion was made by Derousseau and seconded by Sogn to recommend to approve the rezoning to the County Commission. The motion was unanimous. ITEM 5. CONDITIONAL USE PERMIT 13-CUP-039 For the purpose of constructing an oversized building in a residential area (2000 square feet). Legal Description: Lot 2, Block 2 of Atkins Addition in the Northwest Quarter (NW1/4) of Section 1, Township 99N, Range 51 West of the 5 th P.M. in Lincoln County, South Dakota Location: 27309 Atkins Pl, Tea, SD Petitioner/Owner: Kelly Ensz Present Zoning: RR Rural Residential Existing Land Use: RR Rural Residential Parcel Size: 1.03 Acres The 2009 Lincoln County Zoning Ordinance requires a Conditional Use Permit for accessory structures over 1500 square feet in a residential use area. Please reference page 59, item 12.06 D-2. The Atkins Subdivision is zoned Rural Residential. Staff discovery indicates accessory buildings of the same size or larger located in this area. Petitioner has verbalized an approval from the Home Owner s association for the oversized structure. No negative effects are anticipated and no lowering of property values. The utilization of over-size accessory structures for this area is an acceptable practice. No negative effect is anticipated as this use is acceptable. Above items have been provided for. Petitioner is advised to not interfere with existing drainage plans or established easements. Residential uses do not normally have issues with off street parking and loading. No nuisance factors are anticipated from the building s use which is personal storage. 1. All drainage plans/easements must be complied with. 2. Building permits must be applied for 3. Building to be used for personal storage. Action: A motion was made by Albers and seconded by Derousseau to approve 13-CUP-039. The motion was unanimous. ITEM 6. CONDITIONAL USE PERMIT 13-CUP-040 For the purpose of operating a new Class A Dairy Facility with maximum total head of 4250 cattle. Legal Description: Northeast Quarter (NE1/4) of Section 33, Township 97N, Range 51W in Lincoln County, South Dakota Location: Intersection of 290 th Street & 467 th Avenue Petitioner/Owner: Dakota Plains Dairy, LLC/Tim Den Dulk Present Zoning: A-1 Agriculture Existing Land Use: A-1 Agriculture Parcel Size: 160 Acres The requirements for the proposed Class A Dairy are set forth in the 2009 Revised County Ordinance Article 12.09-Concentrated Animal Feeding Operations page 63. The dairy operation would consist of 3,250 mature Jersey milk cows and 1,000 mature Jersey
dry cows and heifers. The requirements/compliances of the CAFO Ordinance are listed in the Dakota Plains Dairy LLC Conditional Use Permit Application. The primary use of the land in this area is agriculture. Specifically, row crop farming with some livestock being raised. Family residential acreages are located in the area but outside the set-back distances. The impact of the proposed use is conditioned by the set-back distances as indicated by the Lincoln County CAFO Ordinance. Property values in the immediate vicinity will be positively impacted based on the agricultural economic impact generated by the required feed and forage inputs and the need for appropriate housing. Development of the area into a non-ag status such as residential, light industrial or commercial is not anticipated. The area is outside any municipal growth area/annexation area. Some residential development may take place based on available single family residential eligibilities. No negative effect is anticipated but improvement of the area is expected as existing roads will need to be reworked and maintained to a standard that will allow truck and work force traffic to travel to and from the site in all climatic conditions. The restructure of existing road beds should also provide a positive effect on existing drainage issues in the immediate area. Applicant has indicated through the Eisenbraun and Associates informational submittal that the utilities, access roads, drainage and other necessary facilities are provided or will be provided for the operation of the Dakota Plains Dairy, LLC Project. The site plan indicates that off-street parking and loading requirements can be complied with in this low traffic density area. As per the requirements of the Lincoln County CAFO Ordinance, nuisance factors will be controlled. Specifically, a management plan for fly and odor control based on a study conducted by SDSU which provides recommended strategies for odor control in dairy operations will serve as the outline for Dakota Plains Dairy s odor control plan. A Penn State Cooperative Extension Pest Management Recommendation for Dairy Cattle will serve as the guidelines for fly control. Plans for the disposal of dead animals, plans for the proposed site and plans for storage and application of nutrient are on file with the application and in some cases will be submitted to the South Dakota Department of Environment for review and approval as part of the CAFO permit process with the State of South Dakota. 1. Provide the Lincoln County Planning and Zoning office with approved South Dakota State Permits and Nutrient Plans. 2. Provide Lincoln County Planning and Zoning with road maintenance agreements that are generated with the applicant and the appropriate road authority. 3. Provide a bond to cover before mentioned maintenance agreement. 4. Provide Lincoln County Planning and Zoning with any inspection reports generated by the South Dakota Department of Environment and Natural Resources that pertain to the facility or to the storage and application of nutrient. Proponents: A representative from Agropur of Hull, IA (cheese plant) encouraged approval of the project because of the increasing need for milk to fill the demands for cheese. A neighboring land owner spoke in favor of the project. Several other Lincoln County residents in favor of the project spoke as character witnesses for the Den Dulk family. A letter was also received from an adjacent land owner stating their support of the dairy for its economic benefits to the community. Opponents: Several area residents voiced concerns with traffic, odor control, environmental concerns, road development to support the use, existing drainage concerns, property values, and whether the site is actually suited to support the project. Action: A motion was made by Larson to approve 13-CUP-040 with listed stipulations. The motion was seconded by Albers. The roll call vote of aye by Larson, Schmidt, Andersen, Albers, Sogn and Derousseau indicates a unanimous vote.
ITEM 7. CONDITIONAL USE PERMIT 13-CUP-041 For the purpose of Soccer Fields. Legal Description: N539 West of Railroad in the North half of the Southwest Quarter (N1/2SW1/4) of Section 24, Township 100N, Range 51W of the 5 th P.M. in Lincoln County, South Dakota Location: One-Half mile north of the Intersection of Hwy 106 (271 st St) and Hwy 111 (469 th Ave) Petitioner/Owner: Bob Lundin/Grubstake Land Holding LLC Present Zoning: A-1 Agriculture Existing Land Use: A-1 Agriculture Parcel Size: 28.8 Acres No negative effect is anticipated. Site to be used for outdoor recreation, specifically soccer. The area to the immediate South and East of the proposed site is primarily service oriented businesses with some light industrial uses to include personal storage buildings with some warehousing. Other areas to the North are in agriculture use as is the area to the West. There are a few small residential acreages in the immediate area. Area is in the growth area of the City of Tea, SD but no annexation processes have been received by Lincoln County. Future development of the area will be dependent on input from the City of Tea and the utilization of the city s rural subdivision plan. No negative effect is anticipated as no structures are planned and no subdivision of the parcel is anticipated. If developers fine the area to be needed for growth and or expansion, the site can easily be transformed to meet the expressed needs. Some electrical facilities will need to be provided, if the nature of the activity calls for outdoor lighting. Any addition facilities will be the responsibility of the owner and or developer. See recommended stipulations. No nuisance factors are anticipated. Users of the site should be using good management measures, such as cleanup activities, provide receptacles for waste and garbage, police call of the area, keep non-activity noise to a minimum, use appropriate lighting systems so neighboring residences are not negatively impacted. Be smart in scheduling activities so that neighbors are not negatively impacted. 1. Site plan be provided showing the parking and loading requirements of the activity. 2. Use good management techniques to curtail nuisance factors and to avoid issues with neighbors. Action: A motion was made by Andersen and seconded by Sogn to approve 13-CUP-041 with stipulations. The motion was unanimous. ITEM 8. CONDITIONAL USE PERMIT 13-CUP-042 For the purpose of a Motor Vehicle Sales Lot Legal Description: Tract A of Lot 1, Block 1, Smith s 3 rd Addition in the Southeast quarter (SE1/4) *Ex Lot H-1* in Section 31, Township 100N, Range 50W of the 5 th PM., in Lincoln County, South Dakota Location: 47082 273 rd St, Suite #4, Harrisburg, SD Petitioner/Owner: Dana Flachman/Richard Hoffman Present Zoning: I-1 Light Industrial Existing Land Use: I-1 Light Industrial Parcel Size: 38,138 square feet
Please reference page 16 of Article 6.04 Conditional Uses for the Commercial District as these are the uses that can be applied for in an I-1, Light Industrial District. The petitioned use is similar to other commercial/light industrial uses in the area. There shouldn t be any negative effects in relationship to property values or permitted uses. A developed lot and existing structure are available for the petitioned use. Vacant lots will not be effected by this use. All facilities are provided. See recommendations. No nuisance factors are anticipated. Vehicles should be operable and ready for sale. No junk or parts should be left outside. 1. No parking or loading to be conducted in the right of way area. 2. No display of to be sold vehicles in the right of way. 3. Display must be in accordance with SD Motor Vehicle Administrative Rules. 4. No junk stuff or parts to be displayed or sold. Action: A motion was made by Sogn and seconded by Andersen to approve 13-CUP-042 with six (6) stipulations listed. The motion was unanimous. 1. No parking or loading to be conducted in the right of way area. 2. No display of to be sold vehicles in the right of way. 3. Display must be in accordance with SD Motor Vehicle Administrative Rules. 4. No junk stuff or parts to be displayed or sold. 5. Written approval from DOT to park in Right-of-Way 6. Agreement for snow removal/placement in writing so as not to encroach on other tenants. Adjourn: A motion to adjourn was made by Derousseau and seconded by Larson. The motion was unanimous. Respectfully submitted by: Laurie Lundquist Deputy Director Lincoln County Planning & Zoning