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HomeMy WebLinkAboutPCAgenda_2017_04_04Planning Commission City of Brookings Meeting Agenda Brookings City & County Government Center 520 3rd St., Suite 140 Brookings, SD 57006 Phone: (605) 692-6629 Fax: (605) 697-8624 Chambers Room5:30 PMTuesday, April 4, 2017 1. Roll Call 2. Approval of the agenda. 3. Approval of minutes. March 14, 2017 Planning Commission MinutesID 2017-0223 March 14, 2017 MinutesAttachments: 4. Hearing and action on the following plats: Final Plat of Block 1 Reserve Second AdditionPC 17-00164a. Notice Final Plat Approved Preliminary Plat Previously Approved Final Plat Attachments: 5. Hearing and action to Rezone Rezoning Request for Lots 4, 5, & 6, Block 17, Prairie Hills Addition and the SW 1/4 of the SE 1/4, excluding platted areas in Section 2-T109N-R50W PC 17-00135a. Notice Current Zoning Map Proposed Zoning Map Exhibit Attachments: 6. Other Business Page 1 City of Brookings April 4, 2017Planning Commission Meeting Agenda Conditional Use Permit to establish a storage yard for a wholesale business on Lot 3, Le Fevre Addition (also known as 3100 6th Street) 2017-02086a. Notice Application & Letter Area Map Site Map Site Plan Attachments: An Ordinance Amending the Zoning Ordinance of the City of Brookings pertaining to Section 94-1 Definition of Yard, Primary Front, for the purposes of administration of the Zoning Ordinance PC 17-00156b. Notice Ordinance- Marked Up Ordinance- Clean Copy Exhibit Comparison Chart Attachments: Discussion on Greenspace RequirementsID 2017-02246c. Comprehensive Plan UpdateID 2017-02256d. 7. Adjourn Community Development Staff: Mike Struck, Community Development Director, Staci Bungard, City Planner. Planning Commission Members: Alan Johnson, Clark James Drew III, Greg Fargen, Tanner Aiken, Alan Gregg, Al Heuton, Lee Ann Pierce, Ryan Murphy, and Kristi Tornquist. City Staff: Mike Struck, Community Development Director, and Staci Bungard, City Planner. View the Planning Commission meeting live on City Government Access Channel 9 or via live stream from the following link on the City’s website at www.cityofbrookings.org/livestream/livestream.php We would recommend a high speed Internet connection (DSL, Cable Modem) to view the live stream with little to no interruptions. Channel 9 rebroadcast schedule is the 2nd Thursday of the month at 3:00 PM and the 4th Thursday of the month at 5:30 PM. If you require assistance, alternative formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact Shari Thornes, City ADA Coordinator, at 692-6281 at least 3 working days prior to the meeting. Assisted Listening Systems (ALS) are available upon request. Please contact Shari Thornes, Brookings City Clerk, at (605)692-6281 or sthornes@cityofbrookings.org. If you require additional assistance, alternative formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact Shari Thornes, City ADA Coordinator, at (605)692-6281 at least three working days prior to the meeting. Page 2 City of Brookings Planning Commission Brookings, South Dakota March 14, 2017 OFFICIAL MINUTES Chairperson Al Heuton called the regular meeting of the City Planning Commission to order on Tuesday, February 7, 2017, at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members present were James Drew, Greg Fargen, Alan Gregg, Alan Johnson, Ryan Murphy, Lee Ann Pierce, Kristi Tornquist and Al Heuton. Absent was Tanner Aiken. Also present were City Planner Staci Bungard, Community Development, Director Mike Struck, City Engineer Jackie Lanning, Vernon Brown and Jerry Anderson from SDN Communications and others. Item #1 –Roll Call Item #2 – (Gregg/Tornquist) Motion to approve the agenda. All present voted aye. MOTION CARRIED Item #3 – (Tornquist/Johnson) Motion to approve the February 7, 2017 minutes. All present voted aye. MOTION CARRIED. Item #4 – The City of Brookings has submitted a Final Plat of the Nature Park Addition, 22 nd Avenue South & 32nd Street South in the SE1/4 of Section 1, T109N, Range 50W in the City of Brookings. (Pierce/Johnson) Motion to approve the final plat. All present voted aye. MOTION CARRIED. (Tornquist/Fargen) Amendment to the motion to include easements requested by Brookings Municipal Utilities prior to recording. All present voted aye. MOTION CARRIED. The motion as amended was voted on. All present voted aye. MOTION CARRIED. Item #5 –Sioux Empire Development Corporation has submitted a preliminary plat of Lots 24-51, Block 7; Lots 6-26, Block 10; Lots 1-33, Block 11; Lots 1-34, Block 12; Lots 1-5, Block 13, Lots 1 & 2 and 10-12, Block 14; Lots 1-4, Block 15; Lots 1-14, Block 16; Lots 1-4, Block 17; Lot 1, Block 18; and Block 19 all of Timberline Addition (Johnson/Murphy) Motion to approve the preliminary plat based on staff recommendations noted in the staff report. Drew, Fargen, Gregg, Heuton, Johnson, Murphy, and Tornquist voted yes. Pierce voted no. MOTION CARRIED. Item #6 – The City of Brookings has submitted ordinance amendments to Section 94-396, pertaining to Wireless Communication Facilities. (Gregg/Fargen) Motion to approve the zoning ordinance amendments. All present voted aye. MOTION CARRIED. (Tornquist /Drew) Amendment to the motion with a change to Section 5h.1 to reference “5.e” and not 5.f. The motion as amended was voted on. All present voted aye, Johnson absent. MOTION CARRIED. The meeting was adjourned. ______________________________________________________ Staci Bungard Al Heuton, Chairperson City Planner Planning Commission Brookings, South Dakota March 14, 2017 OFFICIAL SUMMARY Chairperson Al Heuton called the regular meeting of the City Planning Commission to order on Tuesday, February 7, 2017, at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members present were James Drew, Greg Fargen, Alan Gregg, Alan Johnson, Ryan Murphy, Lee Ann Pierce, Kristi Tornquist and Al Heuton. Absent was Tanner Aiken. Also present were City Planner Staci Bungard, Community Development Director Mike Struck, City Engineer Jackie Lanning, Vernon Brown and Jerry Anderson from SDN Communications and others. Item #4 –This final plat is to create two tracts from unplatted land and establish right-of-way for both 22nd Avenue South and 32nd Street South. This plat is for ownership purposes only and there are no infrastructure improvements required. Tract 1 will contain the Southbrook Ballfield Complex and the Nature Center. Tract 2 will consist of the Outdoor Adventure Center which will be transferred to Brookings County. Brookings Municipal Utilities is requiring several easements to cover the transformers and an irrigation box that provides services to the softball complex. This plat does meet the requirements of the subdivision regulations. Item #5–This preliminary plat is for an additional 145 residential lots in the Timberline Addition. This development will be accessed by a continuation of Summit Pass and Steamboat Trail. Several zoning districts are incorporated into this plat including R-1C, R-2 R-3 and R-1D Districts. Summit Pass and Brighton Road are considered collector streets for this area. A portion of this land does lie in the 100 year floodplain. The owner will be required to raise the elevation to meet the requirements of the flood plain ordinance. And the City’s Park Master Plan does show a mini park on the south side of the property. City staff will discuss parkland options with the developer. The overall design does meet the street requirements for adequate access and right-of-way widths, block lengths, and cul-de-sac designs. Tornquist is concerned about the floodplain portion of this development. She wondered if the drainage easements will take care of the drainage issues? Bungard stated that the final drainage design has not been completed yet. This will need to be submitted and approved by the Engineer’s Office prior to this plat going to City Council for approval. Heuton stated his concern also, even though they are required to build the land up above the flood plain, then where does the water go from this floodplain area? And how do we prevents others in this area from being affected by the water runoff? Struck explained that a City Ordinance is in place that requires property owners to build 1 foot above the base floodplain elevation. However, FEMA doesn’t allow for building in a Flood Way. Tornquist is concerned about the water runoff and how this will affect the neighboring land specifically to the south. Struck explained that the applicant does own the property to the south of this proposed area and the flow rate off of this development cannot be increased from the current flow rate after the development has been built up. Pierce wondered if the applicant works with the City to determine where parks are placed in a development. Bungard stated that the City’s Park Plan does show a park in this area. However, the City and the Owner are going to discuss options and if there possibly would be a better place for the park than where the Park Plan indicates it should be. The Parks Department is also influential in this decision, they are hoping for something larger than a mini park. Pierce is concerned that the park area hasn’t been determined. Tornquist questioned the Staff Recommendation #7, “Staff will discuss parkland options with the owner.” She wondered if this meant that possibly a park would not be required? Struck explained that a final determination has not been made yet. They are working with the applicant but they want to find a better spot than the current proposed. Pierce is concerned that a park placement isn’t designated on this plat. She wondered what authority the Planning Commission had to require this before platting. Struck stated that we do not have a Park Dedication requirement. The City can have discussions and negotiations with the developer to come up with a plan. Fargen feels that because this developer is well known for doing a good job of developing and including parks in the past, then a park shouldn’t hold up the approval process. Tornquist also questioned the ingress and egress in this development. There is only one right now, but will an additional road be required when the south portion of Timberline is developed. Struck explained that there isn’t a way to exit to the east at this time nor is there to the north as the lots are developed into large residential lots and he doesn’t feel that property owners are going to be interested in selling lots for roadways. However Brighton Road will be a significant option down the road as that will extend south and meet up with 20 th Street South. Tornquist is wondering if the City could ask that an egress out of this area to the east could be moved forward in the development process. Heuton wondered if this plat would be grandfathered in since the Secondary Access ordinance was approved? Bungard and Struck both stated that this plat would not be approved prior to the ordinance being in place. Item #6–This amendment is to include definitions for administration of the Zoning Ordinance. Definitions and regulations for Distributed Antenna Systems and Small Cell Facilities, specifically wireless communication facilities placed on private property. Due to new technology and changes within the industry an amendment is necessary. The amendment allows for smaller wireless facilities, such as those needed for cell phone towers. City Staff would need to issue a permit to ensure the requirements are met. Vernon Brown explained that this change is important especially in this part of the world where “cell phone only” users are high in numbers with the student base we have here. Vernon explained where these poles would be placed in the City and on Campus. Fargen wondered who would control who would be allowed to utilize the poles. Vernon explained that SDN would own the poles and would lease the pole to other providers. Jerry Anderson explained that the devices on the poles will only measure about 18 inches and the devices will provide additional coverage for about a 750 foot circumference around the pole. Gregg wondered if these towers would improve cell usage in other parts of town. Jerry stated that it would be a benefit to everyone, but not inside places like the Swiftel Center. But there are other options available for those buildings. Heuton wondered if they would ever anticipate more than two providers on a pole. At this time, SDN is focusing on Verizon and they would like to have a five foot area between each device on a pole. And with this in mind, a third device would be too close to the ground. It has been asked if the downtown poles could be 50 feet and located in the alleys. Jerry explained that due to the recent upgrades downtown, it has been suggested that the poles be located in the alley’s, but for this to happen it would be best if the poles could be 50 feet in height to be above the buildings. Vernon noted that the proposed amendment only allows for 35 foot poles and he noted that the downtown poles would exceed this. Tornquist asked if maybe a 50 foot pole would be a better route to go in the ordinance. Jerry stated that 35 foot poles fit best in the residential areas. They blend in with the height of street lights at this height. Tornquist asked what the process would be if someone wanted to go higher than the 35 feet. Struck stated that the City Attorney stated that a variance would need to be applied for if the pole were to be in the right-of-way. Pierce wondered how we would monitor other companies coming in and placing these towers in town. Struck explained that the City has to permit these poles and the City isn’t going to limit another company from coming in. The poles will typically be placed in the public right-of-way, so the City will have control over where these will be placed. In addition, everyone will be required to go through all the same processes. Drew wondered if BMU would have any say in the permitting process. Lanning explained that BMU would have to complete a portion of the application. The meeting was adjourned. ________________________________________________ Staci Bungard Al Heuton, Chairperson City Planner City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:PC 17-0016,Version:1 Final Plat of Block 1 Reserve Second Addition Summary: The applicant is seeking Final Plat approval for one (1) parcel of land for the purpose of beginning the first phase of a new development. Background: The property has access off Christine Avenue and is zoned R-3. A Large Scale Residential Development (LSRD) Preliminary Plat has been approved for the land area. The approved Preliminary Plat shows single family homes with the lot being the footprint of the house and the balance of land will be held as common area. The owner previously submitted a Final Plat that showed the entire land area covered in the approved Preliminary Plat. The previous Final Plat was approved but has not been recorded and the landowner would like to proceed with platting a smaller land area. This Final Plat will allow the owner to proceed with construction of the first six (6) homes and the club house. After the foundation of the home is constructed on the lot, a subsequent final plat will show the foundation as the lot, so the home can be sold individually. The approved Preliminary Plat and subsequent Final Plats showing the individual lots will be utilized for setback purposes. Staff Recommendations: 1.Place a one foot No Access Easement on the Final Plat along Christine Avenue, excluding the two access points, prior to recording the Final Plat. 2.The Final Plat shall contain all drainage and utility easements prior to recording. City Engineer’s Comments: Along with the above staff recommendations, approval of the final plat shall also be contingent upon a signed assurance agreement between the developer and the City related to the drainage plan. Attachments: Notice Final Plat Approved Preliminary Plat Previously Approved Final Plat City of Brookings Printed on 3/28/2017Page 1 of 1 powered by Legistar™ If you require assistance, alternative 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. NOTICE OF HEARING ON A FINAL PLAT NOTICE IS HEREBY GIVEN That CD Properties, LLC, has submitted a final plat of the following described real estate situated in the City of Brookings in Brookings County, South Dakota, to wit: Block 1 of Reserve Second Addition NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, April 4, 2017, in the Chambers Room on the third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota. Any person interested may appear and be heard in this matter. ____________________________ Staci Bungard City Planner C1L9C3N28°27'21"E433.51'C41 2 3 4 5 6 7 8 9 10 11 12 BLAI R HI L L 2 N D ADDI TI O N 654 BLAI R HI L L 2 N D A D DI TI O N BLOC K 2 NELS O N 4 T H A D D' N 13 2 LOT 1 2 3 4 5 14 9 87654321 17 16 15 14 13 12 11 10 9 8 7 6 12 13 10 11 LOT 1 0 0 1B 2A 3A 4A 5A BLOC K 2 WINDER MERE WAY N1/2 S W 1/ 4 E X C. PLAT T E D A R E A S & SW1/ 4 S W 1/ 4 E X C. PLAT T E D A R E A S & EXC. S 4 0' T H E R EI N SEC. 3 6- 1 1 0- 5 0 LOT 1 NELS O N 4 T H A D D' N BLOC K 1 NELS O N 5 T H A D D' N 20TH ST. S. 15TH ST. S.CHRISTINE AVE.CHRISTINE CIRCLE SYLVAN CIRCLEBLOC K 2 BLOC K 1 RESE R V E ADDI TI O N BLOC K 2 RESE R V E ADDI TI O N WIND E R M E R E POIN T E ADDI TI O N TANBURY LANE 1 2 3 BLOC K 3 9 8 7 6 5 4 3 2 1 1A 2 3 4 5 6 7 13 12 11 10 9 8 7 6 24 9 UNP L A T T E D 18 1 234 10 11 12 1314 NELS O N 2 N D ADD' N BLOC K 1 70' R. O . W . 70' R.O.W.CHRISTINE AVENUESECTION LINE 40'R.O.W.N88°18'02"E 283.76' S72° 0 2 ' 0 7 " E 152. 1 2 ' N88°16'45"E 180.39' L1 S19°32'45"E144.98'S71° 3 6 ' 5 8 " E 341. 3 1 'S01°48'13"E160.04'S88°11'34"W 535.90' L2 S09°28'06"W219.73'L4L5L6 L3 7AC6C5 L10L118A 8 BLOCK 1 RESERVE SECOND ADDITION 20.0± AC.S02°16'24"E528.66'S87°43'36"W 541.67' L12 L1 3 L14 C7 L15 C8 L16 C9L17C10L18C11 L19 L20 L21 L22 L23 C12 L24C13C15L26C16 L2 7 C17 L28C18 L29 C19 L30 C20L31 L32 L33 L3 7 C26 L38 C27L39C28 L40 C21 L34C22C24L36C25 50' AUE 50' AU E 5 0 ' AU E C14C23L7 C1L8 C2 CURVE TABLE CURVE # C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 C13 C14 C15 C16 C17 C18 C19 C20 C21 C22 C23 C24 C25 C26 C27 C28 ARC LENGTH 77.53' 12.51' 242.69' 62.16' 81.45' 78.37' 35.84' 26.47' 183.43' 32.98' 53.93' 22.61' 46.51' 301.23' 41.52' 101.34' 17.04' 81.53' 14.65' 27.39' 4.73' 30.33' 290.68' 26.48' 33.78' 23.80' 54.97' 16.92' RADIUS 470.00' 465.00' 465.00' 935.00' 935.00' 935.00' 212.00' 112.00' 90.00' 75.00' 48.00' 13.00' 138.00' 1525.00' 138.00' 75.00' 13.00' 40.00' 62.00' 162.00' 3.00' 88.00' 1475.00' 88.00' 25.00' 13.00' 125.00' 15.00' CHORD LENGTH 77.44' 12.51' 239.94' 62.15' 81.42' 78.34' 35.80' 26.41' 153.29' 32.72' 51.13' 19.86' 46.29' 300.74' 41.36' 93.81' 15.85' 68.13' 14.62' 27.36' 4.26' 30.18' 290.21' 26.38' 31.27' 20.61' 54.53' 16.04' CHORD BEARING S7°42'54"E S2°13'07"E S13°30'15"W S27°51'30"W N23°27'30"E N18°33'42"E N86°52'55"W N75°16'07"W N10°06'37"W S35°40'50"W N55°16'04"E N47°54'24"E S7°45'01"W N23°03'51"E S37°20'31"W S84°40'17"W N85°49'48"E N10°06'37"W N75°16'07"W N86°52'55"W S47°05'57"E S7°58'03"W N23°04'39"E S37°20'31"W S84°40'17"W N4°10'12"W S35°40'50"W N55°23'47"E Line Table LINE # L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 LENGTH 26.50' 57.16' 88.43' 38.08' 96.93' 100.55' 5.00' 5.00' 91.32' 86.01' DIRECTION S3°26'18"W S47°34'16"E S81°11'43"W S63°10'19"W N26°43'31"W S81°00'36"W N77°33'35"E N87°00'38"E N1°26'51"W N1°26'51"W Line Table LINE # L11 L12 L13 L14 L15 L16 L17 L18 L19 L20 LENGTH 161.59' 42.95' 50.46' 180.72' 135.16' 29.09' 417.21' 444.44' 138.23' 103.57' DIRECTION N1°26'51"W N72°22'31"W N62°22'31"W S88°16'29"W N82°02'18"W N68°29'56"W N48°16'41"E N23°04'59"E N87°42'35"E N77°41'53"E Line Table LINE # L21 L22 L23 L24 L26 L27 L28 L29 L30 L31 LENGTH 47.14' 45.94' 55.57' 170.56' 79.24' 163.28' 322.05' 29.09' 135.16' 180.72' DIRECTION N87°43'16"E N87°43'16"E S82°16'44"E N1°54'28"W N45°57'39"E S56°37'05"E N48°16'41"E N68°29'56"W N82°02'18"W S88°16'29"W Line Table LINE # L32 L33 L34 L36 L37 L38 L39 L40 LENGTH 40.02' 91.81' 188.25' 79.24' 143.06' 16.52' 433.68' 106.33' DIRECTION S58°55'29"W N72°22'31"W N1°54'28"W N45°57'39"E S56°37'05"E S48°16'41"W S23°04'59"W S87°42'35"W (605) 692-6342 BROOKINGS, SD 57006 409 22nd AVE. S. BANNER ASSOCIATES, INC. PREPARED BY: 22027-01 OCTOBER 2016 GEODETIC BEARING SHEET 1 OF 2 PLAT OF BLOCK 1 OF RESERVE SECOND ADDITION IN BLOCK 2 OF NELSON'S 4TH ADDITION; BLOCK 5 OF WINDERMERE POINTE ADDITION; AND IN THE N1/2 OF THE SW1/4 & SW1/4 OF THE SW1/4 OF SECTION 36-T110N-R50W OF THE CITY OF BROOKINGS, BROOKINGS COUNTY, SOUTH DAKOTA LEGEND MONUMENT SET THIS SURVEY (5/8" REBAR WITH STAMPED PLASTIC CAP) MONUMENT FOUND 200'100'0 SCALE: 1" = 200' 60' R.O.W. DETAIL SCALE: 1"=60' VACATION NOTICE THIS PLAT SHALL VACATE THAT PORTION OF BLOCK 2 OF NELSON 4TH ADDITION, PLATTED AND FILED IN BOOK 18 OF PLATS ON PAGE 81 THEREIN. VACATION NOTICE THIS PLAT SHALL VACATE BLOCK 5 AND THE ACCESS EASEMENT FOR BLOCK 5, AS PLATTED ON THE PLAT OF LOT 100 OF BLOCK 2 AND BLOCK 5 IN WINDERMERE POINTE ADDITION IN THE SW1/4 OF SECTION 36-T110N-R50W OF THE 5TH P.M., CITY OF BROOKINGS, BROOKINGS COUNTY, SOUTH DAKOTA, PLATTED AND FILED IN BOOK 30 OF PLATS ON PAGE 27 THEREIN. PROPERTY LINE VACATED BY THIS PLAT ACCESS/UTILITY EASEMENT (AUE) 22027-01 SHEET 2 OF 2 SURVEYOR'S CERTIFICATE CITY CLERK'S CERTIFICATE DIRECTOR OF EQUALIZATION COUNTY FINANCE CERTIFICATE REGISTER OF DEEDS I, Nathan W. Nielson, a Professional Land Surveyor in the State of South Dakota, do hereby certify that I did, on or before October 11, 2016, at the request of the owner(s) listed hereon, survey a portion of that parcel of land described as BLOCK 2 OF NELSON'S 4TH ADDITION; BLOCK 5 OF WINDERMERE POINTE ADDITION N1/2 OF THE SW1/4 & SW1/4 OF THE SW1/4 OF SECTION 36-T110N-R50W OF THE CITY OF BROOKINGS, BROOKINGS COUNTY, SOUTH DAKOTA, and platted the same as shown on the above plat. The same shall hereafter be known and described as RESERVE SECOND ADDITION IN BLOCK 2 OF NELSON'S 4TH ADDITION; BLOCK 5 OF WINDERMERE POINTE ADDITION; AND IN THE N1/2 OF THE SW1/4 & SW1/4 OF THE SW1/4 OF SECTION 36-T110N-R50W OF THE CITY OF BROOKINGS, BROOKINGS COUNTY, SOUTH DAKOTA. I have surveyed the tract of land shown, and to the best of my knowledge and belief, said plat is an accurate representation of said survey. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ___________ day of ____________________________ , 20 ______ . I,__________________________________________________ , being the duly appointed, qualified and acting City Clerk of the City of Brookings, South Dakota, do hereby certify that __________________________________________ , City Manager of the City of Brookings did personally appear and acknowledge to me that he executed the foregoing City Manager's Certificate for the purposes stated within. I, __________________________________________________ , Finance Officer of Brookings County, South Dakota do hereby certify that all taxes which are liens upon the land shown in the above plat, as shown by the records in my office, have been paid in full. Nathan W. Nielson Professional Land Surveyor Registration No. 9924 Banner Associates, Inc. 409 22nd Ave. S. Brookings, South Dakota 57006 Telephone (605) 692-6342 __________________________________________________ City Clerk, City of Brookings, South Dakota STATE OF SOUTH DAKOTA COUNTY OF BROOKINGS {SS I,__________________________________________________ , Director of Equalization, Brookings County, South Dakota, do hereby certify that a copy of the above plat has been filed at my office. Filed for record this _______ day of ____________________ , A.D., 20 ______ at __________ o'clock _____ .m., and recorded in Book ________ of Plats on page ______________ therein. STATE OF SOUTH DAKOTA COUNTY OF BROOKINGS {SS __________________________________________________ Director of Equalization, Brookings County, South Dakota __________________________________________________ Finance Officer, Brookings County, South Dakota __________________________________________________ Register of Deeds, Brookings County South Dakota OWNER'S CERTIFICATE We, CD Properties, LLC, owners of a tract of land shown in the above plat, hereby certify that we did authorize and do join in and approve the above survey and plat, and that the development of this land shall conform to all existing applicable zoning, subdivision and erosion and sediment control regulations. There is hereby granted to the City of Brookings, or to the holder of any utility franchise, an easement at the locations shown in the above plat for the purpose of installing and maintaining any utility line. Any land shown in the above plat and designated as a street, road, alley, park or public ground is hereby dedicated to public use as such forever, but such dedication shall not be construed to be a donation of the fee of such land. THIS PLAT SHALL VACATE THAT PORTION OF BLOCK 2 OF NELSON 4TH ADDITION, AS PLATTED AND FILED IN BOOK 18 OF PLATS ON PAGE 81 THEREIN. THIS PLAT SHALL VACATE BLOCK 5 IN WINDERMERE POINTE ADDITION, PLATTED AND FILED IN BOOK 30 OF PLATS ON PAGE 27 THEREIN. IN WITNESS WHEREOF, we have executed this Owner's Certificate this _________ day of _______________________ , 20 ______ . STATE OF SOUTH DAKOTA COUNTY OF BROOKINGS {SS On this day, before me, the undersigned, a Notary Public, within and for the State and County aforesaid, personally appeared Clark James Drew III and acknowledged that he, as President of CD Properties, LLC, being authorized so to do, executed the foregoing Owner's Certificate for the purpose therein contained. IN WITNESS MY HAND AND SEAL THIS _________ day of _______________________ , 20 ______ . __________________________________________________ Clark James Drew III, President CD Properties, LLC. __________________________________________________ Notary Public My Commission Expires ___________________ CITY MANAGER'S CERTIFICATE WHEREAS, CD Properties, LLC, owners of the hereinafter described real property have submitted a proposed Plat of RESERVE SECOND ADDITION IN BLOCK 2 OF NELSON'S 4TH ADDITION; BLOCK 5 OF WINDERMERE POINTE ADDITION; AND IN THE N1/2 OF THE SW1/4 & SW1/4 OF THE SW1/4 OF SECTION 36-T110N-R50W OF THE CITY OF BROOKINGS, BROOKINGS COUNTY, SOUTH DAKOTA, and whereas the City Manager of said City, being the duly authorized administrative official authorized to approve plats, has examined the proposed plat and it appears that all municipal taxes and special assessments, if any, upon said plat and survey, have been executed according to law and further declares that access to the public streets as shown hereon, subject to all applicable municipal ordinances, is hereby granted except as may be designated "no access" on the attached plat. NOW, THEREFORE, BE IT RESOLVED THAT said plat and survey by and are hereby in all things accepted and approved. DATED THIS ___________ DAY OF _____________________________ , 20 ______ .__________________________________________________ City Manager, City of Brookings, South Dakota City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:PC 17-0013,Version:1 Rezoning Request for Lots 4, 5, & 6, Block 17, Prairie Hills Addition and the SW 1/4 of the SE 1/4, excluding platted areas in Section 2-T109N-R50W Summary: The applicants are requesting to rezone several lots in Prairie Hills and some adjacent un-platted property from Business B-2 District to Business B-3 Heavy District. Background: The vacant property is located at the intersection of Main Avenue South and 32 nd Street South of the northeast side. The land was zoned B-2 in 2011 and the lots were platted in 2015. The B-2 District allows for a moderate variety of retail and personal services uses. Due to current market demands, the owners would like to rezone the property to allow for both retail based services and heavier business uses. Findings of Fact: 1.The current Comprehensive Plan shows this area designated for future business uses. 2.The property has adequate street access and is located at the corner of two (2) arterial streets. 3.The general area is a mix of business and residential property. The rezoning area is not directly adjacent to any residentially zoned property. 4.City utilities are available to serve the property. 5.The property is not located in the floodplain. Attachments: Notice Current Zoning Map Proposed Zoning Map Exhibit City of Brookings Printed on 3/28/2017Page 1 of 1 powered by Legistar™ If you require assistance, alternative 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. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON PETITION TO REZONE NOTICE IS HEREBY GIVEN That David Jones, Jason Merkley, Foerster Testing Limited, LLC and Prairie Hills, LLC submitted a petition to rezone the following described real estate in the City of Brookings and Brookings County, South Dakota: Lots 4, 5, & 6, Block 17, Prairie Hills Addition and the SW ¼ of the SE ¼ excluding platted area, in Section 2-T109N-R50W from a Business B-2 District to a Business B-3 Heavy District. NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on April 4, 2017, in the Chambers Room on the third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 24th day of March, 2017. ____________________________ Staci Bungard City Planner A A JJ-A JJ-A JJ-A R-1B B-2 JJ-A R-1B JJ-B3 JJ-B3 JJ-A JJ-A JJ-R3A JJ-R1A JJ-A JJ-R3A B-2 JJ-R1B B-2 B-2 B-2B-2 B-2 JJ-R1B JJ-R1B JJ-R1B JJ-R1B JJ-R1BJJ-R1B JJ-R1B JJ-R1BJJ-R1B JJ-R1B JJ-R3A JJ-R1B JJ-R1B JJ-R1B JJ-R1B JJ-R1B JJ-R1B JJ-R1B B-2 JJ-R3A JJ-R1A JJ-AJJ-R3A JJ-R1B JJ-R1BJJ-R1BJJ-R1BJJ-R1B 3 2 N D S T SMAIN AVE SMAPLE DRHEATHER LN EM A P L E D R² Prairie Hills C urrent Zoning Map Legend Propos ed Rezoning A A JJ-A JJ-A JJ-A R-1B B-3 JJ-A R-1B JJ-B3 JJ-B3 JJ-A JJ-A JJ-R3A JJ-R1A JJ-A JJ-R3A B-3 JJ-R1B B-2 B-3 B-2B-2 B-3 JJ-R1B JJ-R1B JJ-R1B JJ-R1B JJ-R1BJJ-R1B JJ-R1B JJ-R1BJJ-R1B JJ-R1B JJ-R3A JJ-R1B JJ-R1B JJ-R1B JJ-R1B JJ-R1B JJ-R1B JJ-R1B B-2 JJ-R3A JJ-R1A JJ-AJJ-R3A JJ-R1B JJ-R1BJJ-R1BJJ-R1BJJ-R1B 3 2 N D S T SMAIN AVE SMAPLE DRHEATHER LN EM A P L E D R² Prairie Hills P roposed Zoning Map Legend Propose d Rezo ning City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:2017-0208,Version:1 Conditional Use Permit to establish a storage yard for a wholesale business on Lot 3, Le Fevre Addition (also known as 3100 6th Street) Summary: The applicant is requesting a conditional use permit to establish a storage yard for Graybar in a Business B-3 Heavy District. Background: The property is located along Lefevre Drive south of 6th Street. Graybar is an existing business that sells electrical materials to contractors and it is classified as a wholesale business in the B-3 District. The B-3 District allows for an outdoor storage yard as a conditional use with the following standards: Such uses shall screen all outdoor storage from adjacent properties. Outdoor storage shall not be located in the front yard or stacked higher than the fence height. Any lighting of the storage yard shall not cause a glare onto residential properties. Internal circulation shall be provided for loading and unloading areas. The site plan shows the outdoor storage area in the rear yard with a six (6) foot high fence surrounding the storage area. All truck delivering supplies will be using an internal circulation pattern. A conditional use is defined as a use which, because of its unique or varying characteristics, cannot be properly classified as a permitted use in a particular district. After due consideration, as provided in this chapter, of the impacts of such use upon neighboring land and of the public need for the particular use at a particular location, such conditional use may or may not be granted. Attachments: Notice Application & Letter Area Map Site Map Site Plan City of Brookings Printed on 3/28/2017Page 1 of 1 powered by Legistar™ If you require assistance, alternative 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. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON APPLICATION FOR CONDITIONAL USE NOTICE IS HEREBY GIVEN THAT John Mills submitted an application for a Conditional Use on the following described real estate: Lot 3, Le Fevre Addition, also known as 3100 6th Street The request is to establish an outdoor storage yard as part of a wholesale trade business. NOTICE IS FURTHER GIVEN that said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, April 4, 2017, in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 24th day of March, 2017. ____________________________ Staci Bungard City Planner PDD B-4 B-3 B-3 B-3 B-3 B-4 B-3 B-4 B-4 B-3 B-3 B-3 B-3 B-3 B-3 B-3 6 T H S T 32ND AVERAMPLEFEVRE DRL E F E V R E D R 40' 100'32ND AVEL E F E V R E D R ² Graybar Site Map Legend Property Line Storage Yard City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:PC 17-0015,Version:1 An Ordinance Amending the Zoning Ordinance of the City of Brookings pertaining to Section 94-1 Definition of Yard, Primary Front, for the purposes of administration of the Zoning Ordinance Summary: The City of Brookings is requesting an amendment to the Zoning Ordinance to allow greater flexibility in establishing the primary front yard in a corner lot situation. Background: Currently the ordinance states the primary front yard is the narrower front yard on a corner lot and the rear yard is opposite from and most nearly parallel to the primary front yard. Recently, a contractor presented a case to the Board of Adjustment due to the primary front yard definition. After the meeting, several board members recommended staff research other zoning ordinances to see if some flexibility could be permitted in determining the primary front yard, which in turn determines the rear yard. The rear yard setback is typically greater than the side yard setback distance. The proposed ordinance amendment would allow the owner to determine the primary front yard, with the consent of the Community Development Department, at the time the primary structure is permitted. The primary front yard would be documented in the building file and would remain for the life of the primary structure. Any subsequent accessory structures or additions to the primary structure would need to comply with the primary front yard established with the original permit for the primary structure. The ordinance amendment is designed to allow some flexibility for the placement of structures on corner lots while maintaining the general character for the neighborhood. Attachments: Notice Ordinance- Marked Up Ordinance- Clean Copy Comparison Chart Exhibit City of Brookings Printed on 3/28/2017Page 1 of 1 powered by Legistar™ If you require assistance, alternative 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. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON A CHANGE IN ZONE REGULATIONS NOTICE IS HEREBY GIVEN That the City of Brookings has submitted ordinance amendments to Section 94-1, pertaining to Definitions. NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, April 4, 2017, in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 24th day of March, 2017. ____________________________ Staci Bungard City Planner Ordinance No. _____-17 An Ordinance Amending the Zoning Ordinance of the City of Brookings pertaining to Section 94-1 Definition of Yard, Primary Front, for the purposes of administration of the zoning ordinance BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF BROOKINGS, STATE OF SOUTH DAKOTA, AS FOLLOWS: I. That Section 94-1 of the Ordinances of the City of Brookings be amended to read as follows: Sec. 94-1. - Definitions. Yard, primary front:The narrower of two front yards on a corner lot. In the case of a corner lot, the owner may choose the primary front yard abutting a street at the time of building permit for the primary structure, with the consent of the Community Development Director or designee, based on the effects of such choice on development of the lot itself or on adjacent properties. II. Any or all ordinances in conflict herewith are hereby repealed. FIRST READING: SECOND READING: PUBLISHED: CITY OF BROOKINGS, SOUTH DAKOTA Scott Munsterman, Mayor ATTEST: Shari L. Thornes, City Clerk Ordinance No. _____-17 An Ordinance Amending the Zoning Ordinance of the City of Brookings pertaining to Section 94-1 Definition of Yard, Primary Front, for the purposes of administration of the zoning ordinance BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF BROOKINGS, STATE OF SOUTH DAKOTA, AS FOLLOWS: I. That Section 94-1 of the Ordinances of the City of Brookings be amended to read as follows: Sec. 94-1. - Definitions. Yard, primary front:In the case of a corner lot, the owner may choose the primary front yard abutting a street at the time of building permit for the primary structure, with the consent of the Community Development Director or designee, based on the effects of such choice on development of the lot itself or on adjacent properties. II. Any or all ordinances in conflict herewith are hereby repealed. FIRST READING: SECOND READING: PUBLISHED: CITY OF BROOKINGS, SOUTH DAKOTA Scott Munsterman, Mayor ATTEST: Shari L. Thornes, City Clerk Current Regulations Primary Front Yard- narrower frontage Rear Yard opposite of primary front Proposed Regulations Choice of primary front Rear Yard opposite primary front yard- other is a side yard City Corner Lot Regulations Sioux Falls, SD On corner lots, the REQUIRED REAR YARD may be to the rear of either street. On interior lots, the REQUIRED REAR YARD shall, in all cases, be at the opposite end of the lot from the front yard. Spearfish, SD Corner lots shall have 2 front yards and two side yards Watertown, SD Corner lots shall have two (2) required front yards, zero (0) required rear yard, and two (2) required side yards. Rapid City, SD In the case of a corner or double-frontage lot, the line separating the lot from that street which is designated as the front street in the request for building permit. The lot boundary opposite and most distant from the front lot line. Vermillion, SD On corner lots, the required rear yard may be to the rear of either street. On interior lots, the required rear yard shall, in all cases, be at the opposite end of the lot from the front yard. Aberdeen, SD On corner lots, the side yard on that side of the lot abutting the side street shall not be less than 15 feet. Mitchell, SD For the purposes of calculating the rear yard area for double frontage lots or lots with more than two (2) frontages, the rear yard area shall be opposite the assigned street address. Madison, WI In the case of a lot abutting more than one street, the owner may choose any street lot line as the front lot line with consent of the Zoning Administrator, based on the effects of such choice on development of the lot itself or on adjacent properties. The rear lot line is opposite and most distant the front lot line. City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2017-0224,Version:1 Discussion on Greenspace Requirements Summary: One of the goals established by the Planning Commission is to update the greenspace requirements in the Zoning Ordinance. Currently, the City of Brookings has landscape area requirements that apply to apartments, condominiums, and townhomes for three (3) or more units. The requirement states the following: Three hundred square feet of landscaped area shall be provided for each dwelling unit exclusive of required building setback areas, access drives and parking lots. Two-thirds of the landscaped area shall be located in a continuous, single tract which contains no portions which are not contiguous, adjacent and abutting to either the entire width or entire length of said tract. Fifty percent of the required landscaped area may be used for parking spaces in excess of the minimum requirement. Parking lots shall be screened from single-family and two-family residential uses according to section 94-401. Staff is seeking additional direction from the Planning Commission on the desired outcome of an ordinance amendment and would like to have a discussion with the Planning Commission. Some of the items to discuss include: ·Goal of useable open space/greenspace or goal of streetscape and project identity (Aesthetics vs. Activity) ·Advantages and Disadvantages of including detention pond area as greenspace ·Balancing greenspace amenities with costs and overall density ·Options of meeting greenspace requirements or simple straightforward requirements ·Amount of greenspace and the intended use ·Others topics as identified by the Planning Commission The discussion is intended to assist staff in developing an ordinance amendment to bring forward for Planning Commission and City Council review. City of Brookings Printed on 3/28/2017Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2017-0225,Version:1 Comprehensive Plan Update Summary: A verbal update will be provided by staff and members on the Comprehensive Master Plan Advisory Committee regarding the Comprehensive Plan progress and upcoming events. City of Brookings Printed on 3/28/2017Page 1 of 1 powered by Legistar™