MINUTES LINCOLN COUNTY PLANNING AND ZONING COMMISSION February 17, 2015 Ordinance Review Workshop 6:00 P.M. 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 February 17, 2015 at 7:00 p.m. by Chairman Chad Nelson with Ron Albers, Darrel Sogn, Kelly Lieberg, Monty Derousseau and County Commissioner Dan King present in the Lincoln County Courthouse, Commissioners Meeting Room, 104 N Main, Canton, SD 57013. Staff present were Director Paul Aslesen and Laurie Lundquist ITEM 1. APPROVAL OF AGENDA A motion to approve the Agenda for February 17, 2015 was made by Albers and seconded by Derousseau. The motion was unanimous. ITEM 2. APPROVAL OF MINUTES A motion to approve the Minutes of January 20, 2015 was made by Sogn and seconded by Lieberg. The motion was unanimous. ITEM 3. REZONE 15-REZ-001 For the purpose of rezoning a parcel of land from the A-1 Agriculture District to the I-1 Light Industrial District for Light Industrial uses. Legal Description: Lot 3 Quonset Addition in the East half of the Southeast quarter (E1/2SE1/4) of Section 31, Township 100 North, Range 50 West of the 5 th P.M. in Lincoln County, South Dakota Location: 27277 471 st Avenue, Harrisburg, SD 57032 Petitioner/Owner: Kelly Cawthorne Parcel Size: 5.49 Acres Please reference Section VIII. Planning Policy Framework of the Lincoln County Comprehensive Plan for guidelines on the use of land located in rural Lincoln County. Specifically, item 4, Rural Commercial/Industrial Areas. Staff review of the immediate area indicates that the petitioned property has I-1 Light Industrial neighbors to the immediate West and has C Commercial neighbors to the immediate South. There are residential uses to the immediate North of the Petitioned Property and farmsteads across the road to the East with farm/agricultural use. The petitioned area is largely too small to generate any practical row crop farming and is currently being used for hay/grass production. Because the petitioned area is within an existing commercial/industrial area where some reasonable expansion is appropriate, staff recommends approval of Rezone Petition 15-REZ-001. Action: A motion to Recommend to Approve 15-REZ-001 to the County Commission was made by Derousseau and seconded by Albers. The motion was unanimous. ITEM 4. CONDITIONAL USE PERMIT 15-CUP-002 For the purpose of erecting a meteorological tower to measure wind data. Legal Description: W1/2 of Lots 1 & 2 of the Northeast quarter (NE1/4) in Section 5, Township 96 North, Range 48 West of the 5 th P.M. in Lincoln County, South Dakota Location: Property directly East of 48333 291 st St, Hudson, SD Petitioner/Owner: Dakota Power Community Wind/Richard VanNoort Parcel Size: 79.87 Acres
Please reference Article 12.02 Wind Energy Conversion Systems. The petitioner by petitioning Lincoln County to allow MET Towers is setting the stage for the utilization of Wind Turbines in Lincoln County. The function of the MET is to collect wind data. The process of wind data collection involves a determination of how much wind is available and what level of production of energy can be anticipated at various selected locations in Lincoln County. The towers are labeled as temporary with time frames of two to three years needed for the collection of data. The petitioner has identified (5) five locations for data collection which are identified by legal descriptions, or by general addresses, or by site plans and or by road intersections. Each location underwent a staff review to determine compliance with ordinance directives such as set back distances from existing roads and structures. The locations are as follows: Site locations for: 15-CUP-002: W1/2 Lots 1 & 2 in the NE ¼ of Section 5, Township 96, Range 48 (Eden Township) Property East of 48333 291 st Street, Hudson, SD 15-CUP-003: SW1/4 in Section 10, Township 97, Range 50 (Lincoln Township) East of the junction of 473 rd Ave. and 287 Street, Beresford, SD 15-CUP-004: W1/2NE1/4 & E1/2E1/2NW1/4 in Section 28, Township 96, Range 50 (Pleasant Township) 15-CUP-005: S1/2SE1/4 in Section 22, Township 96, Range 49 (Norway Township) 15-CUP-006: N1/2NW1/4 *EX Lot H2 & W1/2NW1/4 Section 34, Township 97, Range 49 (Highland Township) Set back data: 15-CUP-002: Required 1.25 times height equals 246 for 60 meter tower/499 and 353 Site Plan data. -003: Required 1.25 times height equals 246 for 60 meter tower/403 and 1119 Site Plan data -004: Required 1.25 times height equals 327 for 80 meter tower/544 and 881 Site Plan data -005: Required 1.25 times height equals 246 for 60 meter tower/432 and 331 Site Plan data -006: Required 1.25 times height equals 246 for 60 meter tower/1124 and 336 Site Plan data. 1. The effect upon the use and enjoyment of other property in the immediate vicinity for the uses already permitted, and The MET will have little if any effect on the agricultural uses located in the immediate vicinity. As stated in the presentation, the MET will be in operation in a temporary status. Property values may be impacted in the short run but not in the long run as the towers will be removed when the data collection activity has ceased. The areas are currently dominated by agricultural uses to include row crop production and livestock production. The data collection areas are not subject to rural residential development or annexation activity at this time. Some single family residential acreages may be established with the utilization of any existing lots or eligibilities. Some negative short term effect may be present depending on what prospective property owners would want or desire for their acreages and how soon they would want them. The facility requirements are the responsibility of the petitioner. Access from infrastructure is also the responsibility of the petitioner. Approval from the appropriate road authority will be needed. Project activity will require parking and loading areas for tower employees and MET technicians. Petitioners/landowners should dedicate at least one acre to each site to accommodate the activity. There will be a signature effect exhibited by the tower that may create some discomfort for abutting property owner s line of site. No noise, odor, fumes, dust, vibration and other nuisance factors are anticipated. The utilization of correct setback distances, with adherence to the site plan should protect neighbors and infrastructure users with the utilization of the tower s fall zone area. Staff recommends approval with the following stipulations/conditions: 1. Applicant undertakes the project according to the plans and specifications of the site plans and applicable Lincoln County Ordinances and permits. 2. Building permits required for each MET Tower prior to construction.
3. Applicant will build the towers in compliance with current Building Codes and South Dakota codified law and provide the county with a statement of compliance when the tower is built. 4. Applicant will relocate any and all meteorological towers, if it is proved to cause any interference with existing electromagnetic communication at the applicant s expense. Relocation(s) will require new Conditional Use Permits. 5. The use of any portion of a tower for signs or lighting other than warning or equipment information is prohibited. 6. Any failure by any users of these towers to comply with any federal communication or aviation regulations or permits shall render the Conditional Use Permits void. 7. Once the tower(s) have ceased collection activity, the tower and associated facilities shall be removed within 12 months. Failure to properly implement removal activities within 12 months may result in the County removing the tower(s) and the cost of removal assessed against the properties. Petitioner will notify the county when collection activity has ended and when and who is doing the removal process. 8. No Wind Energy Conversion Systems (turbines) will be built until all MET towers are removed from the permitted locations. 9. Any MET Tower data must be provided to the county with an explanation of the results of the data collection. A large crowd was on hand to witness the outcome of the MET tower Conditional Use Permits. Petitioners: The petitioners presented the plan for placement of five MET towers to collect data to evaluate the potential for a wind farm. The data would be collected for two to three years, at that time a determination would be made whether it is a viable venture. The MET towers will be removed when data collection is complete. They stated that there is no permanent base or structure that would be left to mar the land. Opponents: Approximately 20 members of the public spoke in opposition to the MET towers. Reasons included: a potential for decreased property values with a potential wind farm, the lack of transparency in the process, a large number had issues with the change in the aesthetic qualities of the County; quality meaning, views, open space, effect on Newton Hills State Park, as well as health risks associated with wind turbines. The possibility that their property would be surrounded by industrial development instead of the quiet countryside. One speaker stated that Lincoln County has some of the most productive farmland in the Nation, why would you turn it into a potential windfarm. Opponents felt the purpose of the ordinance was to protect the health, safety and well-being of the citizens of Lincoln County and didn t feel approving the MET data towers with the intent of providing data for a potential wind farm was doing that. Discussion was closed to the public at 9:15 p.m. Following extensive discussion and several questions for the petitioners regarding data collected from the existing MET tower (approved February 18, 2014) the meeting was closed to discussion with the following actions taken. Action: 15-CUP-002 A motion to deny placement of the MET tower was made by Derousseau and second by Sogn. With a roll 15-CUP-003 A motion to deny placement of the MET tower was made by Derousseau and second by Sogn. With a roll 15-CUP-004 A motion to deny placement of the MET tower was made by Derousseau and second by Sogn. With a roll 15-CUP-005 A motion to deny placement of the MET tower was made by Derousseau and second by Sogn. With a roll 15-CUP-006 A motion to deny placement of the MET tower was made by Derousseau and second by Sogn. With a roll ITEM 9. CONDITIONAL USE PERMIT 15-CUP-010 For the purpose of transferring (3) three single family housing eligibilities to the North 283 of the West 463 of the East 1180 of the S1/2 of the NE1/4. One eligibility from the W1/2 of the S1/2 of the NE1/4 and two eligibilities from the W1/2 of the SE1/4 all in Section 15, Township 99 North, Range 50 West of the 5 th P.M. in Lincoln County, South Dakota Legal Description: N 283 of the W483 of the E 1180 of S1/2 of the NE1/4 Location: near SD Hwy 115 and 275 th St, Harrisburg SD Petitioner/Owner: Fredrick Rick Stauffacher
Parcel Size: 3 Acres Please reference the 2009 Revised Zoning Ordinance for Lincoln County, specifically, Article 3.04 Conditional Uses for the Agricultural District on page 7, item Z. the transfer of a building eligibility. The petitioner wants to transfer (3) three single family residential eligibilities from legal descriptions (as indicated by the application) to a legal description (as indicated by the application). The petitioner owns all properties involved in the transfer activity and will have (2) two eligibilities remaining upon successful transfer. 1. The effect upon the use and enjoyment of other property in the immediate vicinity for the uses already permitted, and The petitioned area is predominately farm land with scattered acreages and farm steads. No negative effects are anticipated to current uses and or property values. Development of the area is not anticipated as no feasibility plans for residential development have been presented to the county and likewise, no annexation requests can be generated at this time by municipal growth. Farming with limited residential development is anticipated. For the most part item 3 is not applicable. Placement of the eligibilities by selected sites driven by potential buyers will generate the need for applicable building requirements. Not applicable Staff recommends approval of Conditional Use Permit-010 in accordance with Article 3.04. Action: A motion to approve 15-CUP-010 was made by Sogn and seconded by Lieberg. The motion was unanimous. ITEM 10. CONDITIONAL USE PERMIT 15-CUP-011 For the purpose of transferring (3) three single family housing eligibilities from the North 283 of the West 463 of the East 1180 of the S1/2 of the NE1/4 to the Northeast quarter of the Northeast quarter (NE1/4NE1/4) *except Merkle Tr1* of Section 15, Township 99 North, Range 50 West of the 5 th P.M., Harrisburg SD Legal Description: The North 283 of the West 463 of the East 1180 of the South half of the Northeast quarter of Section 15, Township 99 North, Range 50 West of the 5 th P.M. in Lincoln County, South Dakota Location: 27531 SD Hwy 115, Harrisburg, SD Petitioner/Owner: Pente Farms/ Bret Merkle Parcel Size: 3 Acres Please reference the 2009 Revised Zoning Ordinance for Lincoln County, specifically, Article 3.04 Conditional Uses for the Agricultural District on page 7, item Z. the transfer of a building eligibility. A transfer of eligibilities has to involve abutting property owned by the same land owner. The transfer of (3) three acres of land with (3) eligibilities is under your determination and is unique but none the less within the Article 3.04 guidelines. The parcel of three acres has been surveyed to provide a legal description and a purchase agreement has been executed by the seller to the petitioner which will be effective February 17, 2016. Within the context of Article 3.04, the petitioned eligibilities with the appropriate number of acres will be the property of the same owner and thus can be transferred from the designated three acres to a location more suitable for the building of single family residential homes.
1. The effect upon the use and enjoyment of other property in the immediate vicinity for the uses already permitted, and The petitioned area is predominately farm land with scattered acreages and farm steads. No negative effects are anticipated to current uses and or property values. Development of the area is not anticipated as no feasibility plans for residential development have been presented to the county and likewise, no annexation requests can be generated at this time by municipal growth. Farming with limited residential development is anticipated. Not applicable at this time. Staff recommends approval of Conditional Use Permit -011 with compliance to Article 3.04. Action: A motion to approve 15-CUP-011 was made by Derousseau and seconded by Albers. The motion was unanimous. Election of officers Derousseau nominated Ron Albers to serve as Chair for 2015 A motion that nominations cease was made by Sogn and second by Lieberg. Motion carried. Ron Albers will serve as Chair. Derousseau volunteered to serve as Vice-Chair. A motion was made by Sogn and seconded by Lieberg to accept Derousseau as Vice-Chair. Motion carried. Adjourn: A motion to adjourn was made by Derousseau and seconded by Albers. The motion was unanimous. Additional Items: 1. Toby Brown-SECOG- Ordinance Review Group 6:00 P.M. Respectfully submitted by: Laurie Lundquist Planning Specialist Lincoln County Planning & Zoning