HomeMy WebLinkAboutOrdinance 01-1995 ,
ORDIHAHCE H0. 1-95
AH ORDIHAHCE TO CHANGE THE ZOHIHG WITHIN THE CITY OF BROOKIHGS
BE IT ORDAINED BY THE CITY OF BROOKIHGS, SOUTH DAKOTA:
Section 1. That the real estate situated in the City of
Brookings, County of Brookings, State of South Dakota, described as
follors, to Nit:
Lots 1 and 2, sublots d-i of Lot 3, sublots c-i of Lot 4, Block
14, Morehouse Addition; and Lota 6, 7, 8, 12, 13 and the S25' of Lot
11, Hlock 1 and all of Block 5, Randi Peterson Addition
be and the same is hereby rezoned and reclasaified from a Residence
R-3 diatrict to a Residence R-2 diatrict and
Lots 1, 2, 3, 4, 13, 14, 15 and 16 and the vacated alley of Block 7,
Morehouse Addition
be and the same is hereby rezoned and reclassified from a Business
RB-4 district to a Residence R-2 diatrict.
In accordance with Section 50. 100. 010, Article VIII of Ordinance
11-94 of the Code of Ordinancea of Brookings, South Dakota, as said
diatricta are more fully set forth and deacribed in Articles III, IV
and V of Ordinance Ho. 11-94 of the City of Hrookings, South Dakota.
Section 2. The permitted use of the property heretofore
described be and the same is hereby altered and changed in accordance
herewith purauant to said Ordinance No. i1-94 of the City of
Brookings, South Dakota.
Section 3. All aections and ordinances in conflict hereMith are
hereby repealed.
FIRST READING: February 14, 1995
SECOHD READING: Februsry 28, 1995
PUBLISHED: March 6, 1995
Mayor
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• NOTICE OF HEARING
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UPON PETITION TO RE-ZONE
NOT I CE I S HEREBY G I VEN Tha t the City of Brookings
(has) (M��i,�/ submitted a petition to re-zone the following
d e s r r i b e d r P a 1 f'$t�t P ; Sublots A and B of Lot 4, Block 13 egcluding
the south 1' thereof, and Blocks 11 and 14, Niorehouse Addition; Lots 6,
7, 8, 9, 10, 11, 12 and 13 of Block 1, Lots 1, 2, 3, 4, 5. 6. 11, 12, 13.
14, 15 and 16 of Block 2 and all of Block 5, Randi Petersons Addition: Blocks
1 and 2, Thornbers Addition and Block 2, Saunders Addition from a class
Residence R-3 district to a Residenee R-2 district and Lots 7. 8, 9 and
10, Block 1, Itandi Petersons Addition and Block 7, morehouse Addition
from a class Business RB-4 district to e clase
Residence R,-2 district.
NOTICE IS FURTHER OIVEN That eaid requeet will be acted on
by the City Planning Commission at 7:30 P.M. on
Tuesday, February 7, 1995 , in ;the Commission
Chambers in the basement of CitY Hall , Brookings, South Dakota.
Any action taken by the CitY PlanninQ Correniaeion is a
recommendation to the CitY Coo�nission.
AnY person intereeted mnY dppear and be hedrd in this
matter.
Dated this 31st daY- f Januarv 19 95•
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9ecretarY, CitY Plnnning Commisaion
NOTICE OF HEARING
UPON PETITION TO RE-ZONE
NOTICE IS HEREBY GIVEN That John H. Mills
(has) (/tLa(�ik� submitted a petition to rezone the following
described real estate: All of Block 13 of Parkdale Home Third Addition
except the easf ten (10) acres of Block 13 and Outlot "I" (said ten acres
to extend from the northern boundarv of Block 13 to the southern boundarv
of Outlot "I") in the City of Brookin�s.
from a class Residence R-lA district to a class
ftesidence R.-3 district.
NOTICE IS FURTHER GIVEN That said request will be acted on by
, the City Planning Commission at 7:30 P.M. on Tuesday,
February 7 , 19 95 , 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.
If you require assistance, alternative formats and/or
accessible locations consisterit with the Americans with
Disabilities Act, please contact the City ADA Coordinator at 692-
6281 at least 48 hours prior to the meeting. �
Dated this 31st day�6� January 19 95 •
Secretary, Ci y Planning Commission I
DocumcatA:1REZON&P.HER
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H.E. Mills/John Mills Robert Duncan , '
1222 Western Avenue Box 45
Flandreau, SD 57028
John Moriarty (1027 Western Avenue)
(208 8th Street West)
Tom ONeill
Gary Jensen 1049 Western Avenue
92? Western Avenue
Roger Carpenter
John Wagner 1111 Western Avenue
935 Western Avenue
H.F. Niklason
Vernon Potter 1120 Western Avenue
1009 Western Avenue
City of Brookings
Parks Dept. (Sexauer Park)
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BEZONING AND
LOCATION MAP
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Mills
Constructio�: sW���� _,.
1222 Western Avenue,Brookings,SD 570U6-1098•Telcphone 605-692-2823• FAX 60�i92-1869 .
March 1, 1995 ,
. Mayor.Wayne Hauschild _ . , .
' Brookings City Commission
Ref: February 28, 1995 Commission Meeting; Zoning change denial for the portion of �
block 13 Parkda�e Additic,n west of Sexauer park
Dear Mayor and Commissioners: . -
As I write this letter two words best describe my feelings; discouragement and disbelief -
The discouragement comes from the decision made lasti night to deny the requested zoning
' change and the disbelief from the "justification" used to render this denial. The issue to be
decided was a zoning matter and yet all arguments against the rezoning and the ultimate
decision were made from unrelated flood concerns. From the onset of the discussion,the
commission was made aware that the zoning and flood probl'ems were separate issues and ,
should be dealt with separatGly. The commission, however, chose to allow the entire: , ��
discussion to center around flooding concerns and then attached those concerns to tl�e
rnatter at hand - a rezoning request. _
Mike Bartley, a member of the planning commission, did a good.job of relatin�the
thoughts and considerations of the planning commission and noted the nine member b'oard
gave the rezoning unanimous approval.. Crregg Jongeling, Brookings city engineer, also.
did an exce�lent job of describing the difference between the floodway( designated area in �
which no development can occur) and t�e�oodplain( area within which development can . �
occur provided established guidelines are followed). The property in quest'ion Iies withir�
- the floodpl�in designated area and can he develo�ed,provided the guidelines ofthe FsdeFal
� Emergency Management Act (FEMA) are followed with or witho�t a chan�e in zoring.
Nothing_of the proposed design or rezoning was of concern to the city engineer. In . -
addition, hiS analysis of the impact on flooding resulting from the proppsed development ,
was negligible. .
Although unrelated to the zoning issue, we have taken time since last night's meeting=ta �
study the flooding impact of the proposed developmerit. As noted during our discussion,
we are praposing to remove soil to build a pond in the middle of the development and
relocating that soil on site, some of which will be above floodwater level. Little to no
"imported" fill is anticipated.
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Brookings City Commission March 1, 1995 page 2
Our analysis shows the site will hold annro 'mate y 3.3 more acre feet of water when the
�ronosed develo�ment is com�leted than it does now. For purposes of this calculation we
used a water elevation of 1604' (the elevation of Western Avenue at the southwest corner
of the property) and compared the property's water holding capacity now with it's
capacity after development.
The city commissions action disregards both the unanimous approval of the planning
commission and-the evaluation and recommendation of the city engineer. The action in
fa � � ed FEIVLA g>>idelines on a singl��iece of pro�r��.when other�ro��r,�y in he
v�near�ro�imi,�is active�being filled. If a nev✓poli:,y uf na dev�lc�pment within the
floodplain is the commission's goal then perhaps the city should condemn and pay for land
within those boundaries. Anything less than condemnation and fair compensation
represents a taking of property, effectively eliminating justified, acceptable and appropriate
uses for the land.
We feel we are being arbitrarily singled out and held solely accountable for the drainage.
actions of hundreds of landowners along the miles and miles of drainage which ultimately
flows down six mile creek. This feeling is especially disheartening since our intentional
planning and the analysis noted above shows our activity will not contribute to and in fact
will lesson( however small)flooding downstream.
In addition, this arbitrary action has substantial financial implications for Mills
Construction, our employees& neighboring property owners. It also has the effect of
severely slowing, if not eliminating, a needed and viable housing option at a time when
housing needs are the cry of our local people and industry.
As noted during the discussions, we invited every neighbor we thought would have an
interest or concern to an informational meeting. Nine neighbors attended and none of
them had any concern with t1�e rezaning; in fact they were ve.ry sup�,ortive. Th�ir only
concerns were the unrelated flood issue. That is reflected by the letter sent on behalf of
Mr. John Moriarity by counsel Fite which was partially read during the meeting. This
letter noted support for the intended use and only raised concern again over the unrelated
issue of flooding.
I am therefore requesting a quick reconsideration of this action. Although no-one from
the commission contacted me with any questions or concerns prior to last night's meeting,
I am ready to meet and discuss options for achieving your goals without hindering this
viable and needed project in our community. I will be out of town from March 4 through
9 but will be available after that date for any discussion or action needed.
�
Brookings City Commission March 1, 1995 page 3 �
Thank-you for your reconsideration of this action. I belie�e the emotion of a few
, overshadowed the reasonableness of the issue at hand and wz�ongly affected the outcome
of the decision. I trust you will seriously consider this request.
Sincerely,
Mills Construction, Inc. .
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J H. Mills
esident
JHIVI;jm .
cc Sam Artz -
Betty Prunty
Wayne Hauschild
Emil Klavetter
Barb Murra
Gregg Jongeling .
Eric Rasmussen
File
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SAVE THE NEAR UNIVERSITY NEIGHBORHOOD
RE-ZONING MYTHS AND REALITIES
The current proposai to continue permanentiy the temporarily imposed R-2 zoning �
classification in the near University area south and west of SDSU is clearly justified. This
proposed Brookings City ordinance should be approved. The near University neighbofiood
should continue to be a part of the "Brookings is some place special° vision. The rationale for
this conclusion rests in understanding eight myths and realities that pertain to the near
University neighborhood.
Myth 1... Near University area neighbors do not like students and desir�e that no students live
� in the near University neighbofiood.
Reality 1... Many near University area neighbors work at SDSU and understand, respect and
appreciate having students in the neighborhood. What the single family permanent residents
expect is neighborly respect from swdent residents/{andlords and as.wrances that a balance
� of single and multiple unit residences will be continued. It is uncurbed expansion af multiple
rental units, not the elimination of muttiple housing that the pem�anent property owners
seek. Simply said, the more rentals, the more problems and the less benefits for students and
permanent residents from living or owning either family or rentat properties in the near
university neighborhood.
Myth 2... That R-2 zoning will deny further multiple unit devebpment in the near .
University neighborhood.
Reality 2... The near University area neighbors are not categorically opposed to
responsible multiple unit devebper proposak. Developers who are respectful of d�e
need to keep a #amily-multiple unit balance, and who present weN thought through
proposals to build and manage a facility within the conditional use provisions for R-2
can be assured of objective and respectful consideration. At least one such emerging
proposal is already being advanced informally and appears to have the neighbofiood
support needed to endorse conditional use consideration in an R2 zone.
Myth 3... Zoning regulations are an adequate mean.s for directing planning and/or approval
for proposed new or proposed redevelopment: �
Reality 3...An adequate plan for new o�redevelopment takes into consideration the total
needs of the effected community or neighborhood.Zoning nales do not respond to the need for
parks, the problems created by excessive parking tot water and snow removal, noise
pollution, parking and traffic oongestion, adequacy of telephone, sewage and water servioes to
support the expanded population as well as historic buildir� preservatbn. To some degree the
current R-2 zoning provisions offer some planning related input Under R-2, the
requirement for public hearings wiN provide neighbors with a chance for in-put on '
emerging conditional use and/or apartment building plans. . .
Myth 4... R-3 classifications serve as a buffer between SDSU and the R-2 area further distant ;,
from the University and persons who purchased property in R-3 knew it was R-3.
Therefore they should simply accept the reality that apartments are coming.
_ _. ..__._.. . _ . !
. ,
.
Reality 4... Persons who now own near university R-2 or R-3 propeny near the University
purchased or built single family homes in the neighbofiood because they liked the area, liked
the house, wanted to be near the University, or the price was right If the R-3 classified area
becomes increasingly dense because of the limited potential to control apartment
development, the buffer role will evaporate. Ultirrrately the density increase impact will
mean that current R-2 neighbofioods further south and west of the Unive�sity will become
the buffer zone. Failure to approve the R-2 change now will forecast that multiple housing
will soon be crowding against the more distant R-2 neighborhood and there will be no buffer
zone.
Myth 5... More R-3 classification housing is justified by the unmet need for student apartrr�ent
housing in the near University area.
Reality 5... While the R-3 moratorium was in effect in 1994� more apartment complexes
were built in Brookings than in any previous 10 years according to planning, zoning and
housing officer, Dan K. Hanson. Also, V.P. Mike Reger indicates'tliat housing devebprr�ents on
the east side of campus will meet demand for student housing. (Argus Leade� 12/28/94)
Myth 6... That the most critical unmet housing need in Brookings is for student apartment
housing.
Reality 6... Ask any young family looking for affordable single family housing and the
most critical unmet Brookings housing need becorr�es very obvious. There are current single
family properties in the near University area that have proven to be and potentially c�uld be
more affordable for young families than i� new single family housing. If iwilding apartments
for profit is no longer the primary e�hasis in the near Un'iver5ity neighborhood, the
forecast is that some depreciated student rentals might be retumed to single family
residences and cunent single family residences will remain single family �esidences. ,_
Myth 7... Students who rent near the University will always walk to class and leave their cars
in rental housing parking places.
���:
Reality 7... Students who live near the university do not automatically leave their cars in
rental housing parking places. Discussion with managers and rental owners near the
University indicate that up to half of their students quite regula�ly drive their cars to and
from classes and work every day.
Myth 8... R-3 zoning classification near the University will benefit students and SDSU.
Reality 8... R-3 zoning classification beneficiaries will primarily be apartment devebpers
and reaitors. Developers who have or are abie to purchase one large lot or two adjacent
lots in the near University area can construct a maximum sized facility that just
minimally meets zoning requirements. The motives for such developments are economic,
providing the developer with maximize returns (profit) for minimal investment.
Relators benefit (profit) from the sale and resale of properties when the neighbofiood
is under threat of conversion from single to multiple housing status.
. +
SAVE THE NEAR UNIVERSITY NEIGHBORHOOD
DATE: January 26, 1995
TQ Members of the Brookings City in om '
FROM: James 0. Pedersen, Spokesperso �.-�� , ����
SAVE THE NEAR UNIVERSITY NEIGHBORHOOD ``-
803 Harvey Dunn St./692-2430,
Brookings, South Dakota 57006
SUBJECT: Support for R2 zoning in the near university neighborhood.
I volunteered to be spokesperson for SAVE THE NEAR UNIVERSITY NEIGHBORHOOD because I
am rather uniquely situated to see historically and totally, the several sides of the current
zoning questions applicabte to the near university neighborhoods. I first came to Brookings to be
an SDSU student in 1950. In the early 50's I lived in three student rental homes in the near
university area. In 1957 I joined the SDSU staff. During my 38 years as an SDSU staff
member, I have rented or owned eleven different properties in various Brookings
neighborhoods. Currently, my wife and I are one of only two families who both reside in the
near University neighborhood and who also own rental property in the near University area. It
is from this unique long term view of Brookings and South Dakota State University that I have
decided I must support and urge the continuance of the R2 zoning near the university.
Investing, managing and maintaining rental property near the university has been a positive
experience for my wife and I. We also enjoy living within this neighborhood with its blend of
younger and older citizens. We especially appreciate living close to the University. We also
believe deeply that the secret of a positive near university neighborhood is a balanced blend of
rental and permanent residents.
We enclose a document that represents the myths and realities of this debate as perceived by the
family property owners. Obviously as family property residents, we understand and support
these myth/reality perspectives. What family property owners seek and will get under the R2
conditional use permits hearing process is a chance for neighbor in-put on emerging plans.
Those hearings will insure, for everyone in the neighborhood, that new developments are
adequately planned. Near university neighbors want the Planning Commission to know that:
(1 ) University neighbors do not dislike students
(2) Balance in the neighborhood is the optimum option for all residents.
(3) Communications have improved and are key to neighborhood quality of living.
(4) Stabilitv of property status means only deliberated, and long view future changes
(5) Consistencv of zoning next to SDSU is fair. If the R2 ordinance isn't approved, onty
the near University neighborhood west and south of the Unive�sity will be denied the
opportunity for input on the proposed changes in their neighborhood. This seems to
be unequal treatment and discriminatory.
We already have gathered informal petition support from more than 100 owners and residents
in the area directly effected. We have asked Mr. Hansen to include these petitions with the
agenda mailing for your 2/7/95 meeting. Signers include permanent resident owners, student
tenants, family tenants and rental property owners We are gathering further support and will
deliver that evidence to the 2/7/95 meeting. Collectively the enclosed signatures provide a
very strong statement of support for the continuance of the R-2 zoning near the university
neighborhood. We look forward to strengthening that support in our 2/7/95 presentation.
. ,
SAVE THE NEAR UNIVERSITY NEIGHBORHOOD
We the undersigned, support the Brookings City ordinance that would make
permanent the R-2 zone in the neighborhoods to the west of South Dakota State
University. We are all either property owners or live near the block bounded by 8th
Avenue, 11 th Street, 9th Avenue and Harvey Dunn Street. From our perspective, we
strongly urge that the Planning Commission and City Commission act now to
continue R2 Zoning in this block. We also agree to provisions that would perpetuate
permanently the existing apartments and conditional use permissions.
Date Signature Print name Address 0=own
Rarent
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SAVE THE NEAR UNIVERSITY NEIGHBORHOOD
We the undersigned, support the Brookings City ordinance that would make
permanent the R-2 zone in the neighborhoods to the south of South Dakota State
University. We are all either property owners or live near the University. From our
perspective, we strongly urge that the Planning Commission and City Commission
act now to continue R2 Zoning south of the University. We also agree to provisions
that would perpetuate permanently the existing apartments and conditional use
permissions.
Date Signature Print name Address 0=own
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. .
SAVE THE NEAR UNIVERSITY NEIGHBORHOOD
We the undersigned, support the Brookings City ordinance that would make
permanent the R-2 zone in the neighborhoods to the south of South Dakota State
University. We are all either property owners or live near the University. From our
perspective, we strongly urge that the Planning Commission and City Commission
act now to continue R2 Zoning south of the University. We also agree to provisions
that would perpetuate permanently the existing apartments and conditional use
permissions.
Date Signature Print name Address 0=own
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SAVE THE NEAR UNIVERSITY NEIGHBORHOOD
We the undersigned, support the Brookings City ordinance that would make
permanent the R-2 zone in the neighborhoods to the west of South Dakota State
University. We are all either property owners or live near the block bounded by 8th
Avenue, 11 th Street, 9th Avenue and Harvey Dunn Street. From our perspective, we
strongly urge that the Planning Commission and City Commission act now to
continue R2 Zoning in this block. We also agree to provisions that would perpetuate
permanently the existing apartments and conditional use permissions.
Date Signature Print name Address 0=own
--, -� R=rent
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SAVE THE NEAR UNIVERSITY NEIGHBORHODD
�w'e the undersi��ne�, �upport the Brookings City ordinance that would make
permanent the P-�' -one in the neighborhood� to the w�st of South Dakota �r_ate
University. �Ne �re ,�ll �ither property owners or live near the block bounded by 8th
Avenue, � i th Street, 9th Avenue and Harvey Dunn Street. From our perspective, we
strongly urge that the Planning Commission and City Commission act now to
continue R? Zoning in this block. We also agree to provisions that would perpetuate
permanently the existing apartments and conditional use permissions.
a g �ture name Address 0=own
/Q�'S� ��� a (��-�1-� � �/�IQ� d l/�����dr R= rent
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SAVE THE NEAR UNIVERSITY NEIGHBORHOOD
We the undersigned, support the Brookings City ordinance that would make
permanent the R-2 zone in the neighborhoods to the south of South Dakota State
University. We are all either property owners or live near the University. From our
perspective, we strongly urge that the Planning Commission and City Commission
act now to continue R2 Zoning south of the University. We also agree to provisions
that would perpetuate permanently the existing apartments and conditional use
permissions.
Date Si nature Print name Address 0=own
/ � V R= rent
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,
SAVE THE NEAR UNIVERSITY NEIGHBORHOOD
We the undersigned, support the Brookings City ordinance that would make
permanent the R-2 zone in the neighborhoods to the south of South Dakota State
University. We are all either property owners or live near the University. From our
perspective, we strongly urge that the Planning Commission and City Commission
act now to continue R2 Zoning south of the University. We also agree to provisions
that would perpetuate permanently the existing apartments and conditional use
permissions.
Date Signature Print name Address 0=own
�r� �► ���----- �I �� .� R= rent
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------ -- ----- -- – – -- — –3
SAVE THE NEAR UNIVERSITY NEIGHBORHODD
We the undersigned, support the Brookings City ordinance that would make
permanent the R-2 zone in the neighborhoods to the south of South Dakota
State University. We are all either property owners or live within 100
feet of the block bounded by Medary Avenue, 8th Street, 1 1 th Avenue and
7th Street. From our perspective, we strongly urge that the Planning
Commission and City Commission act now to continue R2 Zoning in this
block. We also agree to provisions that would perpetuate permanently the
existing apartments and conditional use permissions.
Daxe Print owner name Signature � Property Ad�dress
�� ��a ✓,'n � .S 7`i=��v ��a� R�F�-� ��J -// -/�d P d/�/w/ie�
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