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Agenda ItemLocations

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August 12, 2020Planning and Zoning Board Meeting

Subdivision AuthorityJoint Jurisdiction

Public AreasTownLakes

#4a#

MINUTES OF THE JOINT MEETING OF

LINCOLN COUNTY & SIOUX FALLS PLANNING COMMISSIONS July 8, 2020

COUNTY PLANNING COMMISSION MEMBERS PRESENT: Jerry Jongeling, Tiffani Landeen, Colin Enstad, and Gary Pashby.

CITY PLANNING COMMISSION MEMBERS PRESENT: Aaron Norman, Janet Kittams, Bradyn Neises, John Paulson, and Sean Ervin

STAFF PRESENT: Toby Brown - County Adam Roach - City

PUBLIC PRESENT: Eric Van Donge, Chad Groen, Lynn Poppinga The County Planning Commission was chaired by Gary Pashby who presided over the meeting. The City Planning Commission was chaired by Sean Ervin. 1. CALL TO ORDER A joint meeting of the County and City Planning Commissions was called to order by County Planning Commissioner Pashby on July 8, 2020 at 7:00 p.m. in the Commission Meeting Room of the Lincoln County Courthouse. 2. APPROVAL OF JUNE 10, 2020 MINUTES A motion was made for the County by Enstad and seconded by Landeen, to approve with the noted correction of the title for Commission member Pashby, the June 10, 2020 meeting minutes. The motion passed unanimously. Same motion was made for the City by Norman and seconded by Paulson. The motion passed unanimously. 3. APPROVAL OF AGENDA No motion was made to approve the agenda prior to beginning the scheduled public hearing. 4. NEW BUSINESS

a. Application: RZNE-0037-2020: Rezoning from the A-1 Agricultural district to the C Commercial district. The property is legally described as Tract 1 Poppinga’s Addition in the Northeast quarter (NE1/4) of the Southeast quarter (SE1/4) of Section 20, Township 100 North, Range 49 West of the 5th Principal Meridian, Lincoln County, South Dakota.

Petitioner/Owner: REC STORAGE LLC Location: 27065 SD Hwy 11 – Sioux Falls

Staff Presentation: Toby Brown and Adam Roach Toby presented a summary of the staff analysis and noted the comprehensive plan designates the property as future residential. Adam Roach then presented a summary of the comprehensive plan and noted the importance of long-range planning. Staff concluded that this proposal does not meet the guidelines of the comprehensive plan. Public Comment and Discussion: Eric Van Donge and Chad Groen, the applicants, noted they may only develop 3 phases instead of the original plan of 4 phases. They noted these would be storage condos for sale, and that the property would be gated to secure the property. Commissioner Pashby asked for public comment. Lynn Poppinga noted concerns about drainage in the areas and questioned how this proposal would affect property values. Hearing no further comments, Pashby closed the floor.

Action: Motion was made for the County by Jongeling to recommend denial of the rezoning and was seconded by Landeen. Landeen questioned how the site would look in the future and noted this application goes against the comprehensive plan. The motion to deny passed unanimously (4-0). Motion was made for the City by Norman to recommend approval as presented and was seconded by Paulson. Commission members noted that is not the right location for this type of rezoning. The motion to approve failed unanimously (0-5). 5. OTHER BUSINESS – Discussion was held about possible changes to the bylaws, and it was noted the

changes would be voted on at the next scheduled meeting. 6. OPPORTUNITY FOR PUBLIC COMMENT – None 7. ADJOURNMENT A motion was made for the County by Landeen and seconded by Enstad to adjourn. The motion passed unanimously. Same motion was made for the City by Kittams and was seconded by Norman. The motion passed unanimously. Respectfully submitted, Joan Doss - County Planner

APPLICATION # USE-0051-2020

EXECUTIVE SUMMARY

CONDITIONAL USE PERMIT – Warehousing and Light Manufacturing Exceeding 20,000ft2 on Premise

APPLICANT/OWNER INFORMATION

APPLICANT: Steve Soldwisch

OWNER:

PROPERTY ADDRESS:

Wiley Real Estate LLC

47065 Charlotte Court Sioux Falls, SD 57108

REQUEST

The owner is proposing to construct a 12,660 sq. ft. addition to an existing 30,975 sq. ft. building on the 1.95-acre subject property. The addition will be utilized for warehousing the materials utilized in the building of cabinets and closet shelving which is occurring in the existing building.

An existing Conditional Use Permit (05-CUP-025) was approved in 2005 to allow the construction of a contractor’s shop on the property. A building permit was subsequently issued in 2017 for an addition to the contractor’s shop for a total of 30,975 sq. ft. on the premises.

The current application would allow the construction of the 12,660 sq. ft. addition and the total square footage on the property for warehousing and light manufacturing to exceed 20,000 sq. ft. for a total of 43,635 sq. ft. on the property. The subject property is zoned I-1 (Light Industrial).

OUTSTANDING ISSUES AND STANDARDS FOR APPROVAL

The proposed use of warehousing and light manufacturing is allowed as a Permitted Special Use in the I-1 zoning district per Section 10.03 of the Joint Zoning Regulations for Lincoln County and the City of Sioux Falls. As a Permitted Special Use, warehousing and light manufacturing uses are limited to 20,000 square feet of total building area on the property, unless a conditional use is obtained.

The proposal meets the standards in Article 19, Section 19.07 of the Joint Zoning regulations for Conditional Uses. The proposal meets the standards for warehousing and light manufacturing in Article 10, I-1 Light Industrial District. Other development standards include a requirement to hard-surface parking areas and drives for commercial and industrial uses when accessed form a hard surface road.

STAFF RECOMMENDATION

Staff recommends approval subject to the conditions listed in the staff report.

LINCOLN COUNTY PLANNING & ZONING Lincolncountysd.org 104 N. MAIN STREET CANTON, SD 57013 PHONE: 605-764-2938 EMAIL: planning@lincolncountysd.org

STAFF REPORT CONDITIONAL USE PERMIT – AMENDMENT

USE-0051-2020 Joint Lincoln County & City of Sioux Falls Planning Commission

Meeting: August 12, 2020 PROPERTY INFORMATION: 47065 Charlotte Court – Sioux Falls

FUTURE LAND USE DESIGNATION: Light Industrial

CURRENT ZONING: I-1 (Light Industrial)

CURRENT USE: Light Manufacturing

ADJACENT LAND USES AND ZONING • North – Charlotte Court (Mueller’s 2nd

Addition Road District; NA • South – Storage of equipment and outside

storage; I-1 (Light Industrial) • East – Construction/excavating shop and

storage; I-1 (Light Industrial) • West – Vacant; I-1 (Light Industrial)

CONDITIONAL USE PERMIT AREA: 1.95 acres

FINDINGS OF FACT: 1. Wiley Real Estate LLC is the current owner of the property, located at 47065 Charlotte Court, containing 1.95 acres.

2. The property is currently zoned I-1 (Light Industrial).

3. The Joint Zoning Regulations for Lincoln County and the City of Sioux Falls lists “warehousing” and “light manufacturing” as Permitted Special Uses in the I-1 zoning district. A Conditional Use is allowable for total building area to exceed 20,000 sq. ft. on the property.

4. On April 18, 2005, a Conditional Use Permit, 05-CUP-025, was granted to the property allowing a contractor’s shop. The current square footage of building space on the property is 30,975 sq. ft.

5. On June 30, 2020, an application for a conditional use permit was submitted to the Lincoln County Planning and Zoning Department. The applicant is proposing an addition to the existing building to increase the size of the building to 43,635 sq. ft.

6. The applicant’s letter describes the intended use of the proposed addition, which would be utilized for storage of materials used in the construction of cabinets and closet shelving. There would be no outside activities on the property.

7. The proposed addition would be located on the north side of the property and would meet all required setbacks.

CONCLUSIONS: Section 19.07 of the Joint Zoning Regulations for Lincoln County and the City of Sioux Falls states that in acting upon requests for conditional uses, the following considerations shall be employed:

A. The impact of the proposed use on adjacent properties shall be a major consideration. The proposed use should be generally compatible with adjacent properties and other properties in the district. Analysis: The property is bordered on the north by Charlotte Court which is maintained by the Mueller’s 2nd Addition Road District, bordered on the east and south by light industrial uses, and a vacant lot to the west. The property is not located adjacent to any residential areas. The property has no landscaping. Conclusion: It is staff’s opinion that the proposed use is compatible with adjacent properties and any potential negative impacts on the area can be mitigated to the extent practicable through the conditions for approval.

B. Measures shall be taken to ensure that the proposed use does not alter the general character of the area or

neighborhood. Analysis: The general character of the area and neighborhood is commercial/industrial. The area was previously planned and zoned for light industrial use and the proposed use is in conformance with the intent for warehousing and light industrial operations to occur in the area. Conclusion: It appears that the proposed use is compatible with the general area.

C. The effects of noise, odor, traffic, air and water pollution, and other negative factors shall be eliminated or

controlled through the use of screening, setbacks, and orientation. Analysis: The nature of the proposed use, being warehousing and light industrial lends itself to few negative effects due to the operations being entirely conducted within a building. Conclusion: It would appear that adequate measures can be employed to minimize potential adverse impacts on adjoining property.

D. The proposed use shall not adversely affect the public.

Analysis: Based upon submitted materials, the proposed project complies with requirements with respect to zoning. The proposed use should not be detrimental to or endanger public health safety or general welfare as the use will be less intense in terms of noise, odor, dust, smoke, and traffic generation than most industrially zoned and/or developed properties. Conclusion: It would appear that adequate measures can be employed to minimize potential adverse impacts on the public.

PLANNING COMMISSION MOTION: The following motions may be considered: 1. Approve the proposal subject to conditions. 2. Deny the proposal. 3. Table and refer the proposal back to the applicant for additional review/information.

STAFF RECOMMENDATION: Staff recommends Motion 1 because it is staff’s opinion that all standards for approval have been met with the following conditions:

1. The addition and operation shall be substantially in accordance with the submitted site plan (dated: June 11, 2020) and narrative (dated: June 30, 2020). These plans shall be requirements of this permit. Any proposed expansion of the submitted site plan shall be cause for issuance of a new conditional use permit.

2. The owner shall submit an application for a Zoning Permit for the existing Light Industrial use and receive a Certificate of Occupancy, prior to commencing any activities related to this proposal.

3. No unscreened outdoor storage shall be allowed on the property.

4. All applicable building permits shall be obtained. A building permit is required before work to construct, enlarge, alter, repair, move, or demolish a building or structure, or to change the occupancy (use) of a building or structure.

LINCOLN COUNTY/CITY OF SIOUX FALLS JOINT PLANNING COMMISSION

BYLAWS

Article l. Joint Planning Commission Officers and their Duties

Chairperson—presides at all hearings and meetings of the Commission, votes only in the event of a tie vote, assures proper order of the Commission and the public in all proceedings, signs all documents of the Commission, and represents the Commission before legislative and administrative bodies. The Planning Commission Chairperson from Lincoln County and Sioux Falls shall alternate chairing the joint meeting on a monthly basis.

Vice-chairperson—performs the duties and has the responsibilities of their respective chairperson during the absence, disqualification, or disability of the chairperson,

Chairperson-pro-tem—when both the chairperson and vice-chairperson are absent from a hearing or meeting, the remaining Planning Commission members shall elect a chairperson-pro-tem from among their own number by majority vote chairperson pro-tem shall be the most tenured member of the Planning Commission in attendance at the meeting. If there are multiple members with the same tenure present at the meeting, the chairperson will be the member whose last name comes first alphabetically.

Article II. Staff of the Commission and their Duties

The Joint Planning Commission may utilize City and County staff and departments to carry out appropriate planning functions.

Planning Director—advises the Joint Planning Commission and elected officials on matters related to planning, development, and redevelopment, coordinates and supervises the work of all other staff and consultants, prepares all documents for presentation to the Planning Commission, and assists the Planning Commission in the exercise of their duties. The Planning Director or designee shall have the privilege to address the Planning Commissions during regular meetings.

Legal counsel—the City Attorney, State's Attorney, or designee shall serve as legal counsel to their respective Planning Commissions, prepares memoranda of law as requested by their Planning Commission, and review draft of ordinances, resolutions, and bylaws and their amendment.

Article III. Meetings

Regular meeting—shall be will generally be held on the second Wednesday of every month at 76:30 p.m. in the Lincoln County Courthouse, Third Floor, Canton, South Dakota. If the regular meeting falls on a designated holiday, then the regular meeting shall be held on the third Wednesday of the month. In the event that a County or City holiday, Board of County Commissioners meeting or City Council meeting, or other special event conflicts with the

general meeting schedule, then the regular meeting may be held on any other weekday evening during the first three weeks of the relevant month. The County Planning and Zoning Department shall give each Planning Commission member notice either in person, by mail, email, or other electronic means, of any change from the general meeting day and/or time. Regular meetings are noticed official meetings by both jurisdictions, open to the public, during which the Joint Planning Commission deliberates and may take action on specific items.

Special meeting—can may be held at any time and may be called by the either chairperson. Special meetings are noticed official meetings by both jurisdictions, open to the public, during which the Joint Planning Commission deliberates and may take votes on specific items.

Working session—a noticed official hearing open to the public to discuss specific matters before the Joint Planning Commission. The intent of the working session is informational, and the Joint Planning Commission may neither deliberate nor take a vote during the working session shall not express nor make a final determination on any matter during the working session.

Article IV. Order of a Regular Meeting or Public Hearing

1. Call the meeting to order and determination of quorum.

2. Approval of consent agenda, including the minutes of the previous meeting.

3. Approval of regular agenda.

4. Public input on non-agenda items.

45. Consideration of unfinished business in the following order:

a. Rezoning

b. Conditional Use Permit

c. PD Amendments and Final Development Plans

d. Zoning and Subdivision Ordinance Amendments

e. Plats

56. Consideration of new business in the same order as above,.

67. Other business.

78. Adjournment.

Failure to strictly adhere to the order of business set forth above shall not invalidate any proceeding hereunder or any action taken at such proceeding.

Article V. Form and Character of Motions

The form and character of motions shall generally conform to Robert's Rules of Order, Revised, except as specified below.:

Upon review of the full public record and due deliberation among the members of the Joint Planning Commission, any of its members, except the chairperson, may make a motion, the motion shall be seconded and shall die for a lack of a second. The motion shall include approval, approval with specified conditions:, or denial and preferably a recitation of findings which support the motion.

Article VI. Quorum and Voting Requirements

A quorum of each Planning Commission shall consist of four members, including the chairperson.

A majority of the members present shall be required to pass a motion.

Abstention from voting shall not be counted in the determination of a motion but shall be recorded.

In order for the Commission to conduct business or take any official action, a quorum shall be present. For purposes of this Article VI, a member is present when he or she is physically in attendance at the meeting place or attending electronically, even if that member is required to recuse himself or herself for one or more agenda items due to a conflict of interest. When a quorum is not present, no official action―except for closing of the meeting―may take place. The members of the Commission may discuss matters of interest, but can take no action until the next regular or special meeting. All public hearings without a quorum shall be scheduled for the next regular or special meeting. A majority of the members participating in a vote (i.e., not including absent members or members who have recused themselves from the vote due to a conflict of interest) shall be required to pass a motion, with a minimum requirement of three members required to vote on a motion. Abstention from voting shall be recorded but shall not count as a vote either for or against an item. Members will be allowed to attend and participate in official meetings using telecommunication methods available through Lincoln County and/or the City of Sioux Falls, which may include, but is not limited to, participation via telephone and/or video conferencing.

Article VII. Instruments and Documents of the Joint Planning Commission

The official instruments of the Joint Planning Commission are the record of notice, the agenda, and the minutes of hearings and meetings.

All notices, agendas, requests, agency or consultant letters or reports, citizen petitions, maps, photographs, staff reports, minutes of hearings, and meetings shall constitute the documents of the Joint Planning Commission and shall be indexed as a matter of public record and be maintained in the County Planning Officer.

Article VIII. Conduct of the Members of the Joint Planning Commission

Members of the Joint Planning Commission shall make every attempt to attend all meetings and shall take such time as necessary to prepare themselves for hearings and meetings.

A Planning Commission member with a conflict of interest in an item before the Joint Planning Commission shall declare that a conflict of interest exists and withdraw from participation. Such participation includes any presentation, discussion or voting, in the regular or special meeting, or working session on that item. However, the interests of that Planning Commission member may be represented before the Joint Planning Commission by another designated representative or legal agent at the meeting or session, and testimony entered into the public record.

Article IX. Conduct of Persons Before the Joint Planning Commission

During all public meetings and working sessions, members of the public shall be given equitable opportunity to speak. Comments should be addressed to the item before the Joint Planning Commission. To ensure everyone has the opportunity to speak, the chairperson may elect to limit the time permitted for each person to speak, except that the applicant may be permitted additional time as the chairperson allows. Where a comment is irrelevant, inflammatory, or prejudicial, the chairperson may instruct the Planning Commissions to “disregard” the comment, which nevertheless remains in the public record.

During all regular and special meetings and working sessions of the Joint Planning Commission, the public may be present but shall remain silent unless specifically invited by the chairperson to provide comment.

During all Joint Planning Commission proceedings, members of the public have the obligation to remain in order. Any conduct which interferes with the equitable right of another to provide comment or which interferes with the proper execution of Joint Planning Commission affairs may be ruled by the chairperson as “out-of-order” and the offending person directed to remain silent. Once having been so directed, if a person persists in disruptive conduct, the chairperson may entertain a motion to “eject” from the Joint Planning Commission meeting or session. Where the person fails to comply with the successful motion to eject, the chairperson may then call proper authority to physically remove the individual from the chamber for the duration of the meeting or deliberation on that item.

Article X. Amendment

These bylaws may be amended or new bylaws adopted at any regular or special meeting of the Joint Planning Commission. An amendment or new bylaw requires a two-thirds vote of the members present and voting.

The amended or new bylaws shall go into effect after a period of 30 days has elapsed.