HomeMy WebLinkAboutOrdinance 09-1999 �
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ORDINANCE NO. 9-99
AN ORDINANCE TO CHANGE THE ZONING WITHIN THE CITY OF
BROOKINGS
BE IT ORDAINED BY THE CITY OF BROOKINGS, SOUTH DAKOTA:
Section 1. That the real estate situated in the City of Brookings, County of Brookings,
State of South Dakota, described as follows. to wit:
the East 100' of Lot 1, Block 1, Avery's Addition
be and the same is hereby rezoned and reclassified from a Residence R-2 District to a Business
B-4 District(1430 6"' Street).
In accordance with Section 50.100.010, Article VIII of Ordinance 11-94 of the Code of
Ordinance of Brookings, South Dakota, as said districts are more fully set forth and described in
Articles III, IV, and V of Ordinance No. 11-94 of the City of Brookings, South Dakota.
Section 2, The permitted use of the property heretofore described be and the same is
hereby altered and changed in accordance herewith pursuant to said Ordinance No. 11-94, of the
City of Brookings, South Dakota.
Section 3. All sections and ordinances in conflict herewith are hereby repealed
FIRST READING: March 9, 1999
SECOND READING: March 23, 1999
PUBLISHED: March 29, 1999
CITY OF BROOKINGS
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Mayor
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o�,��CS so�� �, � �
Finance Officer �
NOTICE OF HEARING
UPON PETITION TO REZONE
NOTICE IS HEREBY GIVEN That Gary & Bette Watts have submitted
a petition to rezone the following described real estate in the City of
Brookings, Brookings County, South Dakota:
East 100' ol Lot 1, Block 1, Avery's Addition, also known as 1430
6th Street
from a class Residence R-2 District to a class Business B-4 District.
NOTICE IS FURTHER GIVEN That said request will be acted on by
the City Planning Commission at 7:30 PM on Tuesday, March 2, 1999, in the
Commission Chambers in the lower level of City Hall, Brookings, South
Dakota.
Any person interested may appear and be heard in this matter.
Dated this 23rd day of February, 1999.
,
' /
+~y! � �f�;��.� -
Secretary, City Planning Commission
If you require assistance, altemative formats and/or accessible locations consistent with the Americans with
Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
C:�her�rezone-p.doc
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Subj. : �'Vlarch 23, 1999 City Commis�i�n M�eting-R c�n' �request to�;hange "East 3 U0' t�f i,ot,1..
Black 1, Avery's Addition,als�known as 1�30 6`�Street firom� class residence R-2 District to a�3ass
Business B-4 District."
Since�msy not be at the zneet�ng due tu my prio�work cornmitrnents ta be in Rapid�ity,please xcad
and consider my cnmments.
i raquest the City C�mmissic�n to v�te l�o on the rezoning request in cansiderativn uf development
histary aa�d futwe planning,traffie flow, safety concerns, residential perspectives,�nd overa]I�ity land use.
l. The Wayside Cabi�Carr��w�s i�business in I9�6. The prope�ty was later chat�ged to the Wayside
Motor Court and Wayside Motei. The 1.95?Revised Zonrng Ordinance had the property tocated on I.ots
1,2,3 and 4 of Gen�tle°s Additian and tha East 1 UO' Feet of Black i of Avery's Additio�as a Ciass"A"
single or two Family dwelling,
�n March 28, 296{l, Ordinance No. 360, The Bro�kings City commission rejected the request that the
saiti property be altanged from its pres�nt classification af C1ass`A' single or two famity dwelling
district to a Class `C' eommercial distrect". (See attached copy as€ound on page 162,R vised
Ors�inances Book-Citv of Broukin,es,whioh I located an the Brookings City Library)
The"Brookings Zoning Dis�rict of 1966", was adopted as Ordinance S20 dated Oetober 3, i 9b6.
The glanning consultants,Ripp�l(1965)�nd Schippmann (1971)recommended.against rozoning ezcisting
residential areas to cornmercial properties on 5�`Street. Reasons cited against commercializing 6�' St.,
inetuded traffic thorou�hfares and future plans of commercial development through proper zonia�g.
The City Pla�ning Commission did nofi have the abave i�formation�mr their discussi�n and vote on March 2,
1999. Some members mistakenty implied tbere wa�an oversight in th� 1966 M�ster Plan in nat rezoning the
East 100' of Lat 1,Blook 1, Avery's Additiur�fr�m R-2 to B-4. T�e�rdin�nce No. 360,from ]960,did not
�tpprove t�e�oning the residential property to cor�mercial property. I did not find other rezoning aetian on said
propeYty from ]946 throu�h 1968. Also,re�ning requests in tha 197fl's, 1980's and 2 990's ta change the
ciassification from residential to commercial on other 6�' Street properties have been cc�nsistently denied.
Seveza.t Planning Coanmitt�e members h.ad v�ted."Yes"to approve rezoning l 43� d�'Street; however,they
did nat have the above infom�a�ion and they�lso expr�ssed#hey wauid na�vote for a�proval if requests fm�
variances and exceptians were needed.
The Brookings Traffic Safely Cammittee also dis�uss�d this rezoning and�xpressed fheir concern for traffic
safety,although no formal �ction cou�d be taken because the Ciiy Cornnaission had noE approved rezoning.
2, Traffic flow throu�h Brookings would be significantly a�'ectect witb stopped and twrning vehicles
impeding trai�ic flow,thus cr�ating potential hazar�s as a result of the said property being rez�ned.
�. Sa.fety cAncerns�re very important. �'ed:s�'ian trat�ic o�osses at the Hillcrest Park pedestrian waltc and
the increased vehiele traffic t�aming into a�earby�additional businesses would affect the safety of
pedestrians. The residents North of 5�`St, �ncluding SDSU students, wouZd be im�acted. The ad�ditional
tuming vehicuiar tra£fic woutd increase th�statisti�al probability of more accidents.
4. Tha residenti�l areas af 6�'Street have irngroved in appearance since the 1970's. The residential
neighborhoods vn b`�Street leading ta street approaches to South Dakota St�te University and downtown
Brookings are appEa.ling to permanent resid�nts, SL7SU students and their families,and to visiton.
5. Is the proposed rezoning ber�eficial to the�ver�tl land use in the City of Braokings,including the
residential neighborhoc�ds,Hillcrest Part�,and tra�c arteries?
b. What variances and exceptions are ne�c�ed ta accainmada�e a future business{es�at the said location?
Thank you for your thoughtful consideratian.
��� ��
;: I ORDI�1Ai�JCE N0. �
,�
'i An Ordinance amending the 1957 Revised Zoning Ordinance of the Citv o£;"
' '1 I Brookings, South Dakota, bei.ng Chapter 9.03 of Ordinance No. 317 chan in
g g �-
'; ':� � t he area descri be d as Lots 1, 2, 3 and 1� of Gentle f s Addition �nd the �,ast x
' I00 Feet of Block I of Averyts Addition to the City of Brookings, from a
; i;.' Class t'A'r single or two fami.ly dwelling district to a Class ►tCT� Cougnercial �
`�' district.
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" � BE IT ORDA�i`JID BY THE CITY OF BROO�Ii?GS SOUiH DAKOT�,: `�
!�" _.... _ ' _ _ � _ .. `�:
�; Section 1. That the Class itCir co�neroial district of the Cit� of
;�,; Brookings as i ixed by the 1957 ReTi.sed Zoning Qrdinance bei*�g C:zapter
;;�� 9.03 of Ordinance �To. 317 of the City of Broo�-�gs shall include tne "'Y
j:�,' follawing described property, to wit;
1�.
�z�' � Lots 1, 2, 3, and 1� of Gentle�s 4ddition and the East 100 �eet
f'`�_ of �lock 1 of Averfts Addition to the Cit� of Brooki�gs, Brooldngs
Count�, South Dakota ''
� J:i�,
;�E�. and sa.id property is hereby changed f ror,� its �esent classification •+
"``�� ci Class rr�tT single or two fa-�.ilJ dwelLng district to a Class �tCtf co�nerci �
��'`'� district the use to T,�hi.ch said pe � � � y g
,;4;, , pro rt� �a, be t is hereb chan ed in '.���
;�� accordance :,r�tl1 said zoning ord.:i.nance. ;;`
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'��'; First reading: ?4arch 7, 1950. !�
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, �, Second reading; ��tarch 2�, 19b0. _
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�•; ORDII�TAIVCE �0. 361 ..
An Ordinance amending the 1957 Re�-ised Z�ning Ordinance of the Cit� o�
Brooki.ngs, Sou�h Dakota being Chagter 9.03 of Ordinarce No. 317 cnar.ging
; � the area described as the South 115 r eet of I,ots 5, 5, and 7 in Block I2 0�`
the Second addition to the City oi Brookings, and a11 of Lot 1� in �lock 12 ;:
of the Second Addition to the Cit� of Brookings, South Dakota, from a Class�
t'A�t single or two famil� dwelling district to a Class "C" commercial distri,
BE IT ORDAI�T� BY THE CITY OF BROOKI�IGS, SOUTH DAKOTA:
�.}
� � Section 1. That the Class rtCrt ccr.�aercial Distric+ of the City c�' Brao�
�F I as f i::ed b� the 1957 �.etrised �oning Ordi:�ance being Chapter 9.03 of Ordi-nan.
� � �10. 317 of the Cit;; of Brookings sha11 i.nclude the �oll�wing described
' propert�, to-wit:
;�� i �
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, ��� i Tne South 115 Feet of Lots 5, 6, and 7 1n Block 12 of �he Second s}
" � Additio� to zhe Cit f of Brooki,�:gs, and a1I of Lot 4 in Block 12 -
�;;�', L � �, ,,,,. _
� • nf i.�'7fP .,P.(`;�71C'� ;�(�('�1T.l �n t,o „r,e ,, �, . �r ;r���;�as_ �rookir:es Courit.'�i' , ;:,
March 18, 1999
To Mayor Hauschild, Commissioner Artz, Comnnissioner Klavetter, Commissioner Murra,and
Commissioner Plulnart:
I have attached signed petitions from neighbors requesting your vote of No an the March 23ia
vote an the rezoning of 1430 6�' St from a class residence R-2 District to a class Business B-4
District. I was not able to visit with all neighbors because they were out of town.
I made an enor an my letter,dated March 10,to you listing the date as March 30 instead of
March 23. I mistakenly thought the Commissian meeting was an the last Tuesday of the month.
I�nay nat be able to attend the mee#ing on March 23 because I have a prior work camrnitment
to be in Rapid City on March 23 for a state-wide meeting of campus representatives for the South
Dakota public universities student infarmation system. However, Kathy will be there along with
some neighbors.
Please contaet me if you have any questions. Thank you.
Sincerely,
� ����
Jay Larsen
1347 5`h St
692-9077
This petition is to request the Braokings City Commission to Vote Nc�on Nlarch 23, 1999 on the request
to r.ezane 1430 b�` St from a class residence of R-2 District ta a class�usiness B-4 District.
Signature Date Printed Name ----�t�ddress Years at
residence
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