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HomeMy WebLinkAbout2017_10_10 CC PKTCity Council City of Brookings Meeting Agenda Brookings City Council Brookings City & County Government Center 520 3rd St., Suite 230 Brookings, SD 57006 Phone: (605) 692-6281 Fax: (605) 692-6907 "We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability and pursues a complete lifestyle. We are committed to building a bright future through dedication, generosity and authenticity. Bring your dreams!" Council Chambers6:00 PMTuesday, October 10, 2017 The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal management. 6:00 PM REGULAR MEETING 1. Call to Order / Pledge of Allegiance. 2. Record of Council Attendance. 3. Consent Agenda: Action: Motion to Approve, Request Public Comment, Roll Call Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting documentation. 3.A. Action to approve the agenda. 3.B.ID 2017-0601 Action to approve the September 26, 2017 City Council Minutes. 9/26/2017 MinutesAttachments: 3.C.ID 2017-0605 Action to approve an amendment to the Civil Air Patrol, Inc. Lease Agreement. AmendmentAttachments: 3.D.RES 17-092 Action to approve Resolution 17-092, a Resolution authorizing Change Page 1 City of Brookings October 10, 2017City Council Meeting Agenda Order No. 1 (Final) for 2017-10SSI, 2nd Street South Drainage Improvement Project; Clark Drew Construction, Inc. Resolution Map Attachments: 4. Items removed from Consent Agenda. Action: Motion to Approve, Request Public Comment, Roll Call 5. Open Forum/Presentations/Reports: 5.A. Open Forum. At this time, any member of the public may request time on the agenda for an item not listed. Items are typically scheduled for the end of the meeting; however, very brief announcements or invitations will be allowed at this time. 5.B. SDSU Student Association Report. 5.C.ID 2017-0615 Introduction of Brookings Police Dept. newly promoted staff. 6. Contracts/Change Orders: 7. Ordinance First Readings: No vote is taken on the first reading of an Ordinance. The title of the Ordinance is read and the date for the public hearing is announced. 8. Public Hearings and Second Readings: 8.A.ID 2017-0602 Public Hearing and Action on a Temporary Liquor License to operate within the City of Brookings, South Dakota for Midwest Fresh Concepts, dba CRAFT, to host a special event at 310 4th Street (Old City Hall) on October 20, 2017. Legal NoticeAttachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 8.B.ORD 17-022 Public Hearing and Action on Ordinance 17-022, an Ordinance rezoning Lot 3; W 50’ of Lot 2, excluding the S 66’ of the W 50’ thereof; E 45’ of Lot 2, excluding the S 66’ of the E 45’; N 100’ of Lot 1; S 50’ of the N 150’ of Lot 1; S 60’ of Lot 1, S 66’ of Lot 2, N 15’ of the E 100’ of Lot 8; S 150’ of the E 100’ of Lot 8; N 10’ of the W 50’ of Lot 8; and the N 10’ of Lot 7, except the N 10’ of the W 25’ thereof; all in Block 3 of Hill Park Addition, also known as 1112, 1114, 1118 and 1124 6th Street; 517 and 521 12th Avenue; and 1125, 1119, 1115 5th Street, (Lofts at Park Hill). Page 2 City of Brookings October 10, 2017City Council Meeting Agenda Ordinance Notice Planning Commission Minutes 9/5/2017 Initial Development Plan Rendering B-2 Uses Rezoning Map Area Map City Council Public Comment - Bennis City Council Public Comment - Larsen Planning Commission Public Comment - Larsen Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Legislative History 9/26/17 City Council read into the record 8.C.ID 2017-0603 Action on an Initial Development Plan for Lot 3; W 50’ of Lot 2, excluding the S 66’ of the W 50’ thereof; E 45’ of Lot 2, excluding the S 66’ of the E 45’; N 100’ of Lot 1; S 50’ of the N 150’ of Lot 1; S 60’ of Lot 1, S 66’ of Lot 2, N 15’ of the E 100’ of Lot 8; S 150’ of the E 100’ of Lot 8; N 10’ of the W 50’ of Lot 8; and the N 10’ of Lot 7, except the N 10’ of the W 25’ thereof; all in Block 3 of Hill Park Addition, also known as 1112, 1114, 1118 and 1124 6th Street; 517 and 521 12th Avenue; and 1125, 1119, 1115 5th Street, also known as Lofts at Park Hill. Planning Commission Minutes 9/5/2017 Initial Development Plan Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 8.D.ORD 17-023 Public Hearing and Action on Ordinance 17-023, an Ordinance amending Section 94-407, pertaining to Intersection Safety Zones. Ordinance Amendment- Marked Up Ordinance Amendment- Clean Copy Notice 09/05/2017 Planning Commission Minutes Comparison Chart Sight Triangle Exhibit Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Legislative History 9/26/17 City Council read into the record 9. City Council member introduction of topics for future discussion. Any Council Member may request discussion of any issue at a future meeting only. Items cannot be added for action at this meeting. A motion and second is required Page 3 City of Brookings October 10, 2017City Council Meeting Agenda stating the issue, requested outcome, and time. A majority vote is required. 10. Adjourn. Brookings City Council: Keith Corbett, Mayor, Mary Kidwiler, Deputy Mayor & Council Member Council Members Patty Bacon, Dan Hansen, Ope Niemeyer, Holly Tilton Byrne, and Nick Wendell Council Staff: Jeffrey W. Weldon, City Manager Steven Britzman, City Attorney Shari Thornes, City Clerk View the City Council Meeting Live on the City Government Access Channel 9. Rebroadcast Schedule: Wednesday 1:00pm/Thursday 7:00pm/Friday 9:00pm/Saturday 1:00pm The complete City Council agenda packet is available on the city website: www.cityofbrookings.org 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 4 City of Brookings 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 2017-0601,Version:1 Action to approve the September 26, 2017 City Council Minutes. Attachments: 9/26/2017 Minutes City of Brookings Printed on 10/5/2017Page 1 of 1 powered by Legistar™ Brookings City Council September 26, 2017 (unapproved) The Brookings City Council held a meeting on Tuesday, September 26, 2017 at 4:30 p.m., at City Hall with the following City Council members present: Mayor Keith Corbett, Council Members Mary Kidwiler, Dan Hansen, Holly Tilton Byrne, Nick Wendell, Patty Bacon, and Ope Niemeyer. City Manager Jeff Weldon, City Attorney Steve Britzman, and City Clerk Shari Thornes were also present. 4:30 PM Executive Session A motion was made by Council Member Hansen, seconded by Council Member Kidwiler, to enter into Executive Session at 4:30 p.m. for purposes of consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters with City Engineer Jackie Lanning, City Manager Jeff Weldon, City Attorney Steve Britzman and City Clerk Shari Thornes present. The motion carried by a unanimous vote. A motion was made by Council Member Bacon, seconded by Council Member Kidwiler, to exit Executive Session at 4:50 p.m. The motion carried by a unanimous vote. 5:00 PM Study Session City Engineer Jackie Lanning gave a presentation of the 2016 Small MS4 Storm Water Management Program Goals and a highlight of the 2017 Program Goals related to water quality. Al Heuton, Executive Director of the Brookings Economic Development Corporation (BEDC), provided an update to the City Council and public. 6:00 PM Regular Meeting Consent Agenda. A motion was made by Council Member Hansen, seconded by Council Member Tilton Byrne, to approve the Consent Agenda. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne. A. Action to approve the agenda. B. Action to approve the September 12, 2017 City Council Minutes. C. Action to Appoint Rodney Farke to the Traffic Safety Committee (term expires 12/31/2018). D. Action on a Preliminary Plat for Lots 7, 8, & 9, Block 13, McClemans Addition. E. Action on Resolution 17-090, a Resolution in support for a State Transportation Alternatives Program (TAP) Grant Request for a Bicycle Infrastructure Project. Resolution 17-090 - A Resolution in support for a State Transportation Alternatives Program (TAP) Grant Request for a Bicycle Infrastructure Project Whereas, the City of Brookings supports projects and activities that encourage walking and bicycling; and Whereas, the City of Brookings is desirous in providing safe alternative transportation options for walking and bicycling; and Whereas, the State of South Dakota has grant funds available through the Transportation Alternatives grant program; and Whereas, the City of Brookings will commit the necessary funds toward the local match, and will exceed match requirements by pledging 25%; and Whereas, the City of Brookings is the sponsoring applicant for the LeFevre Drive Allyn Frerichs Trail Connection Project; and Whereas, the City is capable of administering the LeFevre Drive Allyn Frerichs Trail Connection Project; and Whereas, the City is prepared to maintain the new improvements upon completion. Now, Therefore, Be It Resolved that the City Council of the City of Brookings supports the described application for the LeFevre Drive Allyn Frerichs Trail Connection Project. F. Action on Resolution 17-077, a Resolution awarding Snow Removal Equipment Contracts. Resolution 17-077 - Resolution Awarding Snow Removal Equipment Contracts Whereas, the City of Brookings opened bids for Snow Removal Equipment on Tuesday, September 12, 2017 at 1:30 pm at Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for Snow Removal Equipment: Three (3) Motorgraders with Wings: three bids were received. VJ Ahlers Excavating Inc., JD772CH, $185.00/hr.; Bowes Construction, two (2) 140H, $195.00/hr. One (1) 3- to 6-Yard Loader: three bids were received. Bowes Construction, 966H CAT, 5.25 cubic yards, $217.00/hr.; VJ Ahlers, JD624J, 3.5 cubic yards, $145.00/hr.; Winter Inc., JD624K, 3.5 cubic yards, $145.00/hr. Four (4) Loaders with Reversible Blades: one bid was received. Bowes Construction, 950 CAT, $205.00/hr. Ten (10) End-Dump Trucks: nine bids were received. VJ Ahlers Excavating Inc, #2, 25 cubic yards, $125.00/hr.; VJ Ahlers Excavating Inc., #5, 20 cubic yards, $110.00/hr.; Bowes Construction, #23, 22.7 cubic yards, $125.00/hr.; Bowes Construction, #24, 22.7 cubic yards, $125.00/hr.; Prussman Contracting Inc., #19, 22.8 cubic yards, $130.00/hr.; Prussman Contracting Inc., #20, 22.8 cubic yards, $130.00/hr.; Prussman Contracting Inc., #22, 22.2 cubic yards, $130.00/hr.; Prussman Contracting Inc., #21, 20.6 cubic yards, $130.00/hr.; Prussman Contracting Inc. #23, 19.5 cubic yards, $130.00/hr. Two (2) Side-Dump Trucks: three bids were received. V. J. Ahlers Excavating, #6, 36 cubic yards, $145.00/hr.; V. J. Ahlers Excavating, #51, 36 cubic yards, $145.00/hr.; Winter Inc., #28, 23.34 cubic yards, $120.00/hr. Now Therefore, Be It Resolved the following bids be accepted: Three (3) Motorgraders with Wings: VJ Ahlers Excavating Inc., JD772CH, $185.00/hr.; Bowes Construction, two (2) 140H, $195.00/hr. One (1) 3- to 6-Yard Loader: Bowes Construction, 966H CAT, 5.25 cubic yards, $217.00/hr.; Four (4) Loaders with Reversible Blades: one bid was received. Bowes Construction, 950 CAT, $205.00/hr. Ten (10) End-Dump Trucks: nine bids were received. VJ Ahlers Excavating Inc., #2, 25 cubic yards, $125.00/hr.; VJ Ahlers Excavating Inc., #5, 20 cubic yards, $110.00/hr.; Bowes Construction, #23, 22.7 cubic yards, $125.00/hr.; Bowes Construction, #24, 22.7 cubic yards, $125.00/hr.; Prussman Contracting Inc., #19, 22.8 cubic yards, $130.00/hr.; Prussman Contracting Inc., #20, 22.8 cubic yards, $130.00/hr.; Prussman Contracting Inc., #22, 22.2 cubic yards, $130.00/hr.; Prussman Contracting Inc., #21, 20.6 cubic yards, $130.00/hr.; Prussman Contracting Inc. #23, 19.5 cubic yards, $130.00/hr. Two (2) Side-Dump Trucks: V. J. Ahlers Excavating, #6, 36 cubic yards, $145.00/hr.; V. J. Ahlers Excavating, #51, 36 cubic yards, $145.00/hr. Fall Diversity Potluck Invitation. Steve Bayer, Chair, and Maggie Owens, Vice-Chair of the Brookings Human Rights Commission, invited the City Council and public to attend the Fall Diversity Potluck on Sunday, October 8, 2017 from 5:00-7:00 p.m. at the McCrory Gardens Education and Visitor Center. FIRST READING – Ordinance 17-022. Introduction and first reading was held on Ordinance 17-022, an Ordinance rezoning Lot 3; W 50’ of Lot 2, excluding the S 66’ of the W 50’ thereof; E 45’ of Lot 2, excluding the S 66’ of the E 45’; N 100’ of Lot 1; S 50’ of the N 150’ of Lot 1; S 60’ of Lot 1, S 66’ of Lot 2, N 15’ of the E 100’ of Lot 8; S 150’ of the E 100’ of Lot 8; N 10’ of the W 50’ of Lot 8; and the N 10’ of Lot 7, except the N 10’ of the W 25’ thereof; all in Block 3 of Hill Park Addition, also known as 1112, 1114, 1118 and 1124 6th Street; 517 and 521 12th Avenue; and 1125, 1119, 1115 5th Street, (Lofts at Park Hill). Public Hearing: October 10, 2017. FIRST READING – Ordinance 17-023. Introduction and first reading was held on Ordinance 17-023, an Ordinance amending Section 94-407, pertaining to Intersection Safety Zones. Public Hearing: October 10, 2017. On-Off-Sale Malt License. A Public Hearing was held on the transfer of an On-Off- Sale Malt License from Sixth Street Diner, Inc., Robert Fischer, Patrick Kearns, and Richard Weisser, owners, to Common Wealth Gaming & Holdings Co., dba Deuces Casino, Bryant Soberg and Kirby Muilenburg, owners, 223 6th Street, Brookings, South Dakota, legal description: South 114’ of the West 69.3’ of Lot 20, and the South 114’ of Lot 21, Block 3, Henry’s Addition. A motion was made by Council Member Niemeyer, seconded by Council Member Hansen, that the On-Off-Sale Malt License transfer be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne. Wine Operating Agreement. A public hearing was held on Resolution 17-089, a Resolution authorizing the City Manager to sign an On-Off Sale Wine Operating Agreement for Common Wealth Gaming & Holdings, Co., dba Deuces Casino, Bryant Soberg and Kirby Muilenburg, owners, 223 6th Street, Brookings, South Dakota, legal description: South 114’ of the West 69.3’ of Lot 20, and the South 114’ of Lot 21, Block 21, Block 3, Henry’s Addition. A motion was made by Council Member Hansen, seconded by Council Member Kidwiler, that Resolution 17-089 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne. Ordinance 17-021.A second reading was held on Ordinance 17-021, an Ordinance amending Division 2 of Article V of Chapter 2 of the Code of Ordinances of the City of Brookings, SD and pertaining to the Human Rights Commission of the City of Brookings. A motion was made by Council Member Bacon, seconded by Council Member Tilton Byrne, that Ordinance 17-021 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne. Ordinance 17-020. A Second Reading was held on Ordinance 17-020, an Ordinance authorizing Supplemental Appropriation #2 to the 2017 Budget. A motion was made by Council Member Hansen, seconded by Council Member Kidwiler, that Ordinance 17- 020 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne. Ordinance 17-018. A Third Reading was held on Ordinance 17-018, an Ordinance appropriating monies to fund the necessary expenditures and liabilities of the City of Brookings for the 2018 Fiscal Year and providing for the Annual Tax Levy and Annual Tax for All Funds. A motion was made by Council Member Wendell, seconded by Council Member Tilton Byrne, that Ordinance 17-018 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne. Adjourn. A motion was made by Council Member Kidwiler, seconded by Council Member Niemeyer, to adjourn the meeting at 6:36 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS Keith W. Corbett, Mayor ATTEST: Shari Thornes, City Clerk 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 2017-0605,Version:1 Action to approve an amendment to the Civil Air Patrol, Inc. Lease Agreement. Summary: This motion will authorize the City of Brookings to approve an amendment to the lease agreement with Civil Air Patrol, Inc. for the 2018 lease rate. Background: Organization: The Civil Air Patrol is an affiliate of the “SD Civil Air Patrol Wing.” Their mission is to provide Cadet programs for leadership, aerospace education to interested students, and emergency services. There are 550 civil air patrol aircraft nationwide and 6 of the planes are in South Dakota. The plane is owned by the Air Force and the Wing Group provides funding for the hangar for the plane and fuel for some missions. The Brookings Civil Air Patrol has18 members (4 “senior” members who are over 21 years old, and 14 students between the ages of 12 and 18). They meet weekly with the students for education and leadership, and they hold other events such as search and rescue, training, annual conference, etc. Funding: The Brookings City Council previously approved a 5-year lease agreement for the Civil Air Patrol, Inc. for the years 2015-2019 to lease approximately 1,040 square feet of the Brookings Airport Terminal. The City owns the airport terminal building, which had been vacant since commercial air service was discontinued. The original lease rate for 2016 was $175.53 per month plus ½ of the utilities. Previously, the City Council adopted a reduced lease rate of $75.00 per month for 2016 and $77.25 per month for 2017, per requests from Civil Air Patrol due to their limited funding. The City received a request from Civil Air Patrol for a reduced lease rate for 2018. The local Civil Air Patrol Group pays for their own building rent, utilities and fuel. Their annual operating budget is approximately $3,000, which they raise through fundraisers such as washing planes, bussing tables at Pizza Ranch, etc. They do pay rent for the hangar for the plane at Pheasant’s Fury and purchase gas, both of which benefit the airport. The FAA Airport Compliance Manual, Order 5190-6B, Chapter 17, on Self-sustainability, provides an exception for Not-for-Profit Aviation Organizations, which is as follows: “17.16. Exception for Not-for-Profit Aviation Organizations. Reduced Rent. A sponsor may charge reduced rental rates to aviation museums and aeronautical secondary and post secondary education programs conducted by accredited education institutions to the extent that civil aviation receives reasonable tangible or intangible benefits from such use. A sponsor may also charge reduced rental rates to Civil Air Patrol units operating aircraft at the airport.” Proposal: The City is proposing a rental lease rate of $79.57 per month plus half of the utilities for 2018 for the leased square footage, which is a 3% increase from the 2017 lease rate of $77.25 per month. The City would get an update on their financial situation in late 2018 to discuss the lease rate City of Brookings Printed on 10/5/2017Page 1 of 2 powered by Legistar™ File #:ID 2017-0605,Version:1 for 2019. Fiscal Impact: The airport budget will receive revenue of $79.57 per month plus half of the utility costs for 2018. Recommendation: Recommend approval of the amendment. Attachments: Lease Amendment City of Brookings Printed on 10/5/2017Page 2 of 2 powered by Legistar™ ADDENDUM TO CIVIL AIR PATROL, INC. AIRPORT TERMINAL LEASE AGREEMENT _________________ THIS ADDENDUM TO AGREEMENT WITH CIVIL AIR PATROL, INC. is made and entered into by and between the City of Brookings, South Dakota, a municipal corporation, Lessor, hereinafter referred to as "City", and Civil Air Patrol, Inc. hereinafter referred to as "Lessee". This addendum is intended to amend the current lease agreement with Civil Air Patrol dated January 27, 2015, with all other terms of the Lease Agreement to remain in full force and effect. FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS, CONDITIONS AND PROMISES, THE PARTIES DO HEREBY AGREE THAT THE FOLLOWING SECTIONS OF THE LEASE AGREEMENT DATED JANUARY 27, 2015 ARE AMENDED AS FOLLOWS: 1.Article VII: Rental Space in the Terminal Building/Rent Payable Commencing on January 1, 2018 through December 31, 2018, the monthly rental installment shall be $79.57 per month, said sum to be billed and payable on or by the first working day of each month and is late if paid after the 10 th day of the month. This Agreement shall be in full force and effect from the date of approval by both parties and ending December 31, 2018, unless sooner terminated or extended as provided in the lease. Lessee understands that this Lease is subject to early termination if the City of Brookings agrees to permit a commercial service, airline, operator or other purpose for the terminal building. 2. Remaining Sections of Lease shall Continue Unmodified. All other Articles of the Lease Agreement between the parties dated January 27, 2015 shall remain in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this 10 th day of October, 2017. CITY OF BROOKINGS By: ________________________________ City Manager ATTEST: ____________________________________ City Clerk CIVIL AIR PATROL, INC. By: ________________________________ Its: ______________________________________ 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 #:RES 17-092,Version:1 Action to approve Resolution 17-092, a Resolution authorizing Change Order No. 1 (Final) for 2017- 10SSI, 2nd Street South Drainage Improvement Project; Clark Drew Construction, Inc. Summary: This resolution will approve Change Order No. 1 (Final) for 2017-10SSI, 2nd Street South Drainage Improvement Project, for a decrease of $84.20 to close out the contract. Background: The 2nd Street South Drainage Improvement Project is located on the north side of 2nd Street South between Airport Avenue and Division Avenue, as shown on the attached map. The project was a neighborhood drainage improvement project and it included constructing an 8-foot wide concrete valley gutter with 18-inch high side walls, erosion control blanket and seeding. The contractor has completed the work and the project is ready to be closed out. This change order will adjust plan quantities to as-constructed quantities for a total decrease of $84.20 to close out the project. The project summary is as follows: Original Contract Price:$143,225.89 Increase from Previous Change Orders:$0.00 Contract Price Prior to this Change Order:$143,225.89 Decrease Increase of this Change Order (No. 1):$84.20 Contract Price incorporating this Change Order:$143,141.69 Fiscal Impact: There will be a reduction of $84.20 to the contract with Clark Drew Construction, Inc. Recommendation: Staff recommends approval. Attachments: Resolution Map City of Brookings Printed on 10/5/2017Page 1 of 1 powered by Legistar™ Resolution 17-092 Resolution Authorizing Change Order No. 1 (Final) for 2017-10SSI 2nd Street South Drainage Improvement Project, Clark Drew Construction, Inc. Be It Resolved by the City Council that the following change order be allowed for 2017- 10SSI, 2nd Street South Drainage Improvement Project: Construction Change Order Number 1 (Final): Adjust plan quantities to as-constructed quantities for a total decrease of $84.20 to close out the project. Passed and approved this 10th day of October, 2017. CITY OF BROOKINGS ________________________________ Keith W. Corbett, Mayor ATTEST: _________________________ Shari Thornes, City Clerk Project AreaNW 2ND ST SW 2ND ST SW 2ND ST SW 2ND ST SW 2ND ST SDI V I SI ON AV EDIVISION AV EFOLSOM ST WFOLSOM ST WFOLSOM ST WA I R P O R T AV E A I R P ORT A V E 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 2017-0615,Version:1 Introduction of Brookings Police Dept. newly promoted staff. Acting Police Chief Dave Erickson will introduce to the City Council and public three Police Dept. employees promoted to Command Staff. An official promotion pinning ceremony was held on October 4th. The promoted staff include: ·Patrol Lt. Terry Coon ·Patrol Sgt. Charles “Pete” Bush ·Communications Commander Jolynn Longville City of Brookings Printed on 10/5/2017Page 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 2017-0602,Version:1 Public Hearing and Action on a Temporary Liquor License to operate within the City of Brookings, South Dakota for Midwest Fresh Concepts, dba CRAFT, to host a special event at 310 4th Street (Old City Hall) on October 20, 2017. Summary: Midwest Fresh Concepts, LLC, dba CRAFT, Jesse Lee, owner, has applied for a Temporary Liquor License on October 20th for Russ Clement Memorial Service at 310 4th Street (Old City Hall). All temporary alcohol licenses must be approved by the City Council through use of a public hearing. All documents have been filed with the City pertaining to insurance and other licensing requirements. Recommendation: Staff recommends approval. Attachments: Legal Notice City of Brookings Printed on 10/5/2017Page 1 of 1 powered by Legistar™ Public Hearing Sale of Alcoholic Beverages NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., Tuesday, October 10, 2017, in the Brookings City & County Government Center, 520 Third Street, Room 310, to consider an application for a temporary liquor license to operate within the City of Brookings, South Dakota for a special event at 310 4th Street (Old City Hall) on October 20, 2017. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 2nd day of October, 2017. Shari Thornes, City Clerk Published time(s) at an approximate cost: $. 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 #:ORD 17-022,Version:2 Public Hearing and Action on Ordinance 17-022, an Ordinance rezoning Lot 3; W 50’ of Lot 2, excluding the S 66’ of the W 50’ thereof; E 45’ of Lot 2, excluding the S 66’ of the E 45’; N 100’ of Lot 1; S 50’ of the N 150’ of Lot 1; S 60’ of Lot 1, S 66’ of Lot 2, N 15’ of the E 100’ of Lot 8;S 150’ of the E 100’ of Lot 8; N 10’ of the W 50’ of Lot 8; and the N 10’ of Lot 7, except the N 10’ of the W 25’ thereof; all in Block 3 of Hill Park Addition, also known as 1112, 1114, 1118 and 1124 6 th Street; 517 and 521 12th Avenue; and 1125, 1119, 1115 5th Street, (Lofts at Park Hill). Summary: The applicant is seeking to rezone a parcel of land to a Planned Development District (PDD) with an underlying B-2 District for a mixed-use development along 6th Street. As part of the PDD rezoning request, an Initial Development Plan is also required. The Initial Development Plan will be acted on by the City Council at the time of public hearing for the rezoning request. Background: The property is currently zoned Residence R-2 Two-Family District and there are seven (7) residential homes occupying the area. The applicant is proposing to re-develop the property into a 52,185 square foot mixed use center. The 48-foot high building will be four (4) stories and includes predominately commercial space on the first floor with efficiency and one (1) bedroom residential units on the second, third, and fourth floors. The proposed building contains 4,800 square feet of commercial space, 71 apartments, and a drive- thru that will exit to 12th Avenue. The development will have an access point off 6th Street, 12th Avenue, and 5th Street. The drive-thru exit to 12th Avenue meets the off-set requirements. The applicant is proposing 131 parking spaces, with 18 located below grade. The proposed parking and drive aisle dimensions meet City requirements. The site will accommodate drainage via an underground system. The building will be located 20-feet from the north property line along 6th Street and 21-feet from the east property line along 12th Avenue. The applicant is proposing sections of a 6- foot high privacy fence and landscaping to provide a buffer to the residential land to the south. The design is intended to create a streetscape along 6th Street by locating the parking behind the building, incorporating landscaping features along the foundation, and the utilization of canopies over the commercial spaces. The PDD District is intended to provide flexibility from the traditional zoning requirements. The applicant is requesting the following: ·building height of 48’, whereas the B-2 District limits the height to 45’; ·flexibility to locate the building 20’ and 21’ from the front property lines and the B-2 requires 25’; and ·flexibility from the 40’ landscaped area requirement abutting residential land to allow for parking in the buffer area. City of Brookings Printed on 10/5/2017Page 1 of 3 powered by Legistar™ File #:ORD 17-022,Version:2 The Planning Commission recommended denial of the Initial Development Plan on July 11, 2017. Since, the applicant has redesigned the project to alleviate some of the concerns by: ·increasing the setback distance to 20’ from 13’ along 6th Street; ·including additional land area into the project; ·adding significantly more landscaping along 6th Street and around the perimeter of the project; and ·adding parking spaces to meet the City requirements. PDD Criteria & Findings of Fact: The PDD is intended to provide flexibility for creative, efficient, and well-planned urban development that allows for a mix of compatible uses. The PDD criteria, qualifying project elements, and findings of fact are as follows: 1. Encourage well-planned, efficient urban development. The project is well-planned due to the increased density, location along 6th Street, use of existing streets and infrastructure, and creation of an urban streetscape. The development will provide significantly more dwelling units than the existing homes, and offer commercial space on a major commercial corridor. 2. Allow a planned and coordinated mix of land uses, which are compatible and harmonious, but were previously discouraged by conventional zoning practices. The B-2 District allows for mixed use development, but the PDD is necessary to accommodate the project design and density. The proposed uses include those listed in the B-2 District and are considered to be compatible as shown in other mixed use projects. The traditional requirements for setbacks and buffer/landscaped area rules, parking, and building height would hinder the design elements of the proposed project. The applicant is proposing landscaping and a privacy fence to mitigate impacts to the adjoining residential properties to the south. 3. Encourage more creative, higher quality and more ecologically sensitive urban design with special consideration given to projects, which incorporate desirable design features such as underground parking, orientation, or design to take advantage of passive solar energy, environmental preservation, historic preservation, handicapped accessible structures, unique use of open space, or other desirable design features. The proposed project incorporates several unique design features, including: the use of underground parking, building orientation along 6th Street, bike racks for residents and shoppers, and the use of an underground detention system. The building will also have an elevator and include handicapped accessible units. The development will include amenities such as an outdoor seating area, fitness center, rooftop patio, and some apartment balconies. 4. Improve communication and cooperation among the city’s land developers and interested residents in the urbanization of new lands and the renewal of existing deteriorated areas. The general area is a mix of residential and businesses located within a major commercial corridor. The existing homes were constructed close to the early 1900’s and the structures are in various conditions. While the existing development is not considered blighted, the proposed development will offer the opportunity to redevelop an area with aging housing stock. The proposed development is urban in nature, will use existing infrastructure, and promote land use efficiency with the increased density of the area. The City encourages re-development to encompass close to one-half of the City of Brookings Printed on 10/5/2017Page 2 of 3 powered by Legistar™ File #:ORD 17-022,Version:2 existing block, which this project proposes to do. The PDD District is an independent district overlay, which is project specific, thus requiring both an Initial Development Plan and a Final Development Plan. The Final Development Plan needs to be approved by the Planning Commission, prior to issuing a building permit. The Planning Commission and City Council may require additional project design elements or stipulate more specific permitted use than those listed in the B-2 District. City Engineer’s Comments: For informational purposes, a Drainage Plan will be required before a building permit will be issued. The preliminary drawings indicate the site will include underground detention. Planning Commission Recommendation: The Planning Commission voted 6-1 to recommend approval of the rezoning request. Attachments: Ordinance Notice Planning Commission Minutes 9/5/2017 Initial Development Plan Rendering B-2 Uses Rezoning Map Area Map City Council Public Comment - Bennis City Council Public Comment - Larsen Planning Commission Public Comment - Larsen City of Brookings Printed on 10/5/2017Page 3 of 3 powered by Legistar™ Ordinance 17-022 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: Lot 3; W 50’ of Lot 2, excluding the S 66’ of the W 50’ thereof; E 45’ of Lot 2, excluding the S 66’ of the E 45’; the N 100’ of Lot 1; the S 50’ of the N 150’ of Lot 1; the S 60’ of Lot 1, the S 66’ of Lot 2, the N 15’ of the E 100’ of Lot 8; the S 150’ of the E 100’ of Lot 8; the N 10’ of the W 50’ of Lot 8; and the N 10’ of Lot 7, except the N 10’ of the W 25’ thereof; all in Block 3 of Hill Park Addition, be and the same is hereby rezoned and reclassified from a Residence R-2 Two-Family District to a Planned Development District with an underlying Business B-2 District. In accordance with Section 94-7 of Article I of Ordinance 17-13 of the Code of Ordinances of Brookings, South Dakota, as said districts are more fully set forth and described in Articles III and IV, Chapter 94 of Ordinance No. 17-13 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 17-13 of the City of Brookings, South Dakota. Section 3. All sections and ordinances in conflict herewith are hereby repealed. First Reading:September 26, 2017 Second Reading and Adoption:October 10, 2017 Published:October 13, 2017 CITY OF BROOKINGS, SD ________________________ Keith W. Corbett, Mayor ATTEST: _________________________ Shari Thornes, City Clerk 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 Alliance Investment Group, LLC, CALA LLC, Garrick Properties, LLC, R&B Properties, LLC, Kyle Shad, Carol Pitts, and Jeffrey Rief submitted a petition to rezone the following described real estate in the City of Brookings, in Brookings County, South Dakota: Lot 3; W 50’ of Lot 2, excluding the S 66’ of the W 50’ thereof; E 45’ of Lot 2, excluding S 66’ of E 45’; N 100’ of Lot 1; S 50’ of N 150’ of Lot 1; S 60’ of Lot 1, S 66’ of Lot 2, N 15’ of E 100’ of Lot 8; S 150’ of the E 100’ of Lot 8; N 10’ of W 50’ of Lot 8; and N 10’ of Lot 7, except the N 10’ of W 25’ thereof; all in Block 3 of Hill Park Addition, also known as 1112, 1114, 1118 and 1124 6th Street; 517 and 521 12th Avenue; and 1125, 1119, 1115 5 th Street, from a Residence R-2 Two-Family District to a Planned Development District with an underlying Business B-2 District. NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, September 5, 2017 in the Council Chambers 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 25 th day of August, 2017. ____________________________ Staci Bungard City Planner Planning Commission Brookings, South Dakota September 5th, 2017 OFFICIAL MINUTES Chairperson Al Heuton called the regular meeting of the City Planning Commission to order on Tuesday, September 5, 2017, at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, James Drew, Alan Gregg, Alan Johnson, Lee Ann Pierce, Kristi Tornquist, Eric Rasmussen and Heuton. Absent was Greg Fargen. Also present were City Planner Staci Bungard, Community Development Director Mike Struck, City Engineer Jackie Lanning, Mike McClemans, John Mills, Donald Denure, David Jones, Rick Ribstein, Larry Fjeldos, Kelan Bludorn, Mary and Orren Erickson, Kathy Larson, John Kratochvil, Tom Becker, Shawn Weber, Josh Westwick, Stacy Davis, Jolane Tomhave, and others. Drew recused himself. Item #7a - Alliance Investment Group LLC, CALA LLC, Garrick Properties LLC, R&B Properties LLC, Kyle Shad, Carol Pitts, and Jeffrey Rief have submitted a petition to rezone Lot 3; W50’ of Lot 2, excluding the S 66’ of the W50’ thereof; E45’ of Lot 2, excluding S66’ of E45’; N100’ of Lot 1; S50’ of N150’ of Lot 1; S60’ of Lot 1, S66’ of Lot 2, N15’ of E100’ of Lot 8, S150’ of the E100’ of Lot 8; N10’ of W50’ of Lot 8; and N10’ of Lot 7, except the N10’ of W25’ thereof; all in Block 3 of Hill Park Addition, also known as 1125, 1114, 1118 and 1124 6th Street; 517 and 521 12th Avenue; and 1125, 1119, 1115 5th Street, from a Residence R-2 Two-Family District to a Planned Development District with an underlying Business B-2 District. (Gregg/Aiken) Motion to approve the rezone request from a Residence R-2 Two-Family District to a Planned Development District with an underlying Business B-2 District. Tornquist voted no. All others vote aye. MOTION CARRIED. (Pierce/Johnson) Motion to approve the 20’ front yard setback along 6th Street. The required front yard setback in a B-2 District is 25’. All present voted aye. MOTION CARRIED. (Gregg/Aiken) Motion to approve the 21’ side yard setback along 12th Avenue. The required side yard setback in a B-2 District is 25’. All present voted aye. MOTION CARRIED. (Pierce/Rasmussen) Motion to approve the 48’ building height. The ordinance allows for a 45’ building in a B-2 District. Tornquist voted no. All others voted aye. MOTION CARRIED. (Gregg/Rasmussen) Motion to approve the elimination of a 40’ landscape buffer which is required when abutting a residential district. Tornquist voted no. All others voted yes. MOTION CARRIED. (Gregg/Rasmussen) Motion to approve the Initial Development Plan as submitted. Tornquist voted no. All others voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #7a –This is a request to rezone a parcel of land to a Planned Development District with an underlying B-2 District. The property is currently zoned R-2 Two-Family District and there are seven residential homes occupying the area. Bungard explained the Planned Development District and how it is used to offer flexibility from the requirements to allow for efficient and well-planned urban development. The plan of the applicant is to remove the houses and to build a 52,185 square foot multi-use building. This building would be 4 stories high with commercial space on the first floor and 71 efficiency and one bedroom residential units on the remaining floors, and a drive-thru. The building will be 48 feet in height which exceeds the regulations of the B-2 District. The applicant is proposing 131 parking spaces which includes some underground parking. The proposed parking and drive isles meet City requirements. The applicants are requesting flexibility to locate the building 20’ from the north property lines and 21’ from the east property line. The B-2 District requires 25’ setback. In addition they would need a variance from the 40’ landscaping area requirement abutting the residential land to allow for parking in the buffer area. David Jones told the board that they, the applicants, have spoken with many people regarding their concerns with this project. They have neighbors that are willing to sell them portions of their lots to allow for this development. This current proposal has increased green space and parking which was a concern of neighbors and commission members. Jones indicated that they would like to keep all the parking at the back of the building to make this building aesthetically more pleasing. Jones also indicated that they could meet the 25’ setback, but they chose to add additional green space to the front of the building along 6th Street and move the parking to the rear so they are requesting the variance to the front yard setback. Jones noted that they are currently planning for three egresses and they could get by with two but feel that the additional exits could benefit with traffic flow on 12th Avenue. Larry Fjeldos, resident of Brookings who raised his family here and has seen Brookings change through many stages, stated that he looks forward to what the City of Brookings is going to be. He feels that for years there have been many things that have stood in the way of Brookings growing, such as drainage. He appreciates the option of the PDD District and that it allows for flexibility and allows the Commission to put time and thought in to the plan. He was concerned about some of the questions that the commission has had in regards to the building height and the landscaping. But now that the commission has looked at these things, and the developers have made adjustments to their plan, he would like the City to move forward and think about the benefits of this development. Revenue and an increase in sales tax makes sense economically as the city would benefit from these. He stated that 6th Street is transforming in to something different, with the traffic and new buildings. And with this, the buildings along 6th Street are going to need to change. Fjeldos would like to see a nice building like this in Brookings. Fjeldos feels that the city can no longer move out, so it has to move up and down. Kelan Bludorn, Best Choice Realty, explained that he was part of the development of The Lofts on Main Avenue and that he is in full support of this project. Bludorn stated that the city needs to look ahead and see that there is a land shortage. Bludorn feels that Brookings is going to continue to grow and with the density issue and the increase in population of Brookings, we need to consider growing up since there is no room to grow out. Additionally, due to the curb appeal of these properties along 6th Street and 12th Avenue, something needs to be done to improve the look of this area. Bludorn feels this proposal is a good use of the land along 6th Street, and the developers have a nice design. Heuton read a letter which was received from the Brookings Chamber of Commerce. The Chamber supports community and business growth within the Brookings area and this development demonstrates the vision and growth that will positively impact the Brookings local economy. This project will also add density around the downtown business district. The location of The Lofts is ideal as people will be able to walk, bike or drive to local restaurants, retail stores and other experiences. Mary Erickson asked if 1115 and 1119 were going to be rezoned? Bungard stated that it will only be about 10 feet on the north end of those lots. Erickson is wondering if a fence will still be required. Heuton stated “yes” that will come in to effect in a future motion. Erickson would also like the commission to keep in mind the integrity of the neighborhood. Orren Erickson is concerned that there has been a change to the buffer between this development and his properties. He is also concerned that a business may come in to this development that will be open 24 hours and cause traffic throughout the night. Kathy Larson remembers the similar project that took place on 6th Street and 13th Avenue and that there has been traffic issues on 13th Avenue ever since. Larson is concerned about the safety issue for the kids and bicyclists on 13 th Avenue. She feels that these large buildings are ruining the aesthetics of these residential areas. She is concerned about the height and the closeness of this building to the surrounding properties. Larson is against this rezoning request. She wants people in the neighborhoods to feel safe. Heuton read a letter which was received from Jay Larson. Larson is most concerned about the safety with additional traffic in this neighborhood. He is also concerned about drainage issues that have recently come about in this area. Larson noted that street, sidewalk and curb maintenance during the snow season is more complicated due to recent developments and this proposal will only make things more difficult. The tall buildings will only make for more problems with snow, ice and rain as the reduction in sun exposure will cause more icing. Additional parking on the streets will cause issues with traffic flow and safety. John Kratchovil doesn’t feel that this proposal fits in the area. Kratchovil noted several properties, large businesses, that meet the buffer between the commercial building and the residential lots. He feels that the proposal should also have to meet the setback requirements. Kratchovil wonders if the future Comprehensive Plan which is being worked on, includes removing current residential properties and rezoning them. He feels that if the commission approves this request, that they are setting a precedence for future requests. Tom Becker feels that a decision shouldn’t be made by the commission until a study has been done to show what impact traffic will have on this area if this proposal is granted. Becker is asking that the commission and city consider completing a traffic study. And if the study shows that there will not be any concerning areas, then the commission knows they are making a good decision based on all the information needed. Heuton explained that there was a public open house regarding the future of 6th Street with the consultants that the City hired. He asked that Tornquist brief those in attendance regarding discussions held during the open house. Tornquist reminded everyone that the Comp Plan is not yet complete, but discussion included mixed uses along 6th Street. And the area that is in question tonight is actually being considered for mixed uses, but the south end of the block will remain residential. Pierce noted that several discussion have been had with the comp plan committee regarding the Medary to 22 nd Avenue area. This area will not remain as a residential area in the next 20 years. This area has already started converting over to a B-2 District. Tornquist stated that the heights of buildings has also been discussed at length. And that design features that move the building away from the street are things to look at. Struck noted that the consultants did look at this proposal. From a scale perspective off of 6th Street, there were some discussions about extending the parking area. The consultants do actually feel like the applicants are providing too much parking for this development. Kathy Larson asked if the consultants looked at the neighborhood 1 block south of 6th Street. Struck explained that the consultants were looking at just the north side of this block and leaving the south side of the block as residential. Johnson was originally concerned about all the variance requests that will come along with this request. But with the changes that the applicants have made, he feels this project has moved along and improved greatly. He feels that parking restrictions being applied, would be a good plan. He feels the look of the building is great and 6th Street is turning in to commercial, and away from residential, and this area along 6th Street will probably never go back to residential. Gregg also approves of the changes that have been made by the applicants. He feels that sooner than later, 6th Street is going to become commercial. He feels that the setbacks that the applicants are providing are sufficient. And the height restrictions are going to need to be adjusted at some time, to allow the City to grow. Aiken feels the zoning choice that the applicants are requesting is appropriate for this area. He appreciates the additional parking that the applicants are proposing, the additional landscaping and the setback off of 6th Street. Rasmussen asked if leaving the zone R-2 Residential Two-Family with a parking lot would be allowed. Struck stated “no.” Pierce appreciates the plan of the applicants, but she is still concerned about the parking on 5th Street. She also wonders if the developers could soften the look of the parking lot. Tornquist also agrees with the look of the project. And is in agreement that this area is going to become a mixed-use area. Heuton feels that this proposal is a high quality, visually appealing project. He also recalls many discussion regarding the land issue and not being able to expand out, so this type of density is needing to be looked at. And a project like this needs to be looked at for the idea of growing up and increasing density. He appreciates the coordination of the mixed uses. Heuton indicated that the applicants have moved the building back which he greatly appreciates since the setback off of 6th Street was a major concern of his. The wear and tear of the residential structures is getting beyond the point of repair, so this development would be an improvement to the area. And with the housing shortage in Brookings, especially near the campus area, this project will help. The landscaping issue and the parking have both been issues to Heuton, and he feels that adequate parking is very important. There is currently on-street parking near this project, and he doesn’t feel that that would need to be removed. Questioning was called by Rasmussen. Orren and Mary Erickson are not in favor of the elimination of the 40’ landscape buffer between this development and the lots zoned residential. They also feel the size of the building should have to be adjusted so this variance wouldn’t need to be requested. Mr. Erickson feels the commission is setting a precedence in the wrong way by granting this variance. Mrs. Erickson is wondering where the fencing will be installed for the buffer. Bungard explained that along the B-2A zone, the developers are planning for a natural buffer. But portions of the remaining parking areas are going to be abutting the residential areas and buffering hasn’t been determined yet as this will happen at final development plan stages. Kathy Larson feels that granting this variance is completely unacceptable and she is not in favor. Taking away the buffer and abutting directly up to someone else’s personal property is not right. David Jones stated that they did do research around town to see how many businesses, that abut a residential area, have the 40’ landscape buffer. Jones noted that they didn’t find many properties that met this requirement. They are just asking for what others in town have. Jones explained that they would apply a buffer, probably a 6’ fence, but they are also considering completing a natural buffer in some areas. Pierce asked what the buffer requirements will be along 5th Street. Bungard stated that the requirements could be set during the IDP approval process. Heuton reviewed the uses that will be allowed in the Business B-2 Zoning District. All of the B-1 uses are eligible in the B-2 District. He is concerned about hotel use, parking facility or lot, drinking establishment, telecommunications tower, and extended stay hotels in the B-1 permitted uses. Additionally he is concerned about grocery supermarket, gas dispensing station, automobile sales, community center, drinking establishment, and telecommunications towers in the B-2 permitted uses. Under the permitted special uses, Heuton is concerned about citizen’s drop-off for recycles, and public library or museum. Additionally the conditional uses that he has a concern with are automobile service station, repair garage, freight handling, domestic abuse shelter, church, outdoor sales, and broadcast towers. Gregg would like to keep the telecommunication towers to be allowed as these will include the small cell towers that are currently being installed around town. Tornquist wondered if brewpubs and carwashes under the permitted special uses should also be removed. Aiken thinks that a brewpub use could be allowed since these establishments usually are not open late at night. Struck asked if the commission is eliminating the ability to have a restaurant that serves beer and wine? Heuton feels that a drinking establishments refers to a bar. Pierce wondered where eating establishments are covered under any of these uses. Struck noted that eating establishments are included under retail services. Heuton likes the looks of the building in the rendering that was provided. He wondered what the outside materials of the building would be? Drew indicated that the construction materials used on the east, west and back are all brick with the corners wrapped with brick to the top. And the middle section being an architectural wood along with the rear of the building. Heuton pointed out the fencing and landscaping that is being proposed. On the west side there will be a 6 foot cedar fence plus additional trees at certain locations. And the west side of the overflow parking lot currently is planned to have a fence plus some additional tree plantings will be implemented. Aiken feels that the fencing along 5th Street needs to meet the setback for safety reasons. Heuton feels that the landscape triangles along 5th Street and at the intersection of 12th Avenue, the landscaping needs to be a small berm. Heuton also suggests that some grasses or other things be planted along the buffer area to make these areas blend in to the neighborhood. Pierce would like the south side of the overflow parking lot and the east side to look nice and better fit into the neighborhood. Rasmussen asked what the reason was for the outlet on 5th Street. Drew noted that they are willing to negotiate this and take it out if the commission preferred it. Aiken would appreciate if they would look at something other than a cedar fence along the west side and would like them to maybe look at something that was vegetative and would buffer some of the sound. LOFTS AT PARK HILL RETAIL ACCESS RETAIL ACCESS RETAIL ACCESS PROPERTY LINE BUILDING ABOVE 6TH STREET RETAIL ACCESSRETAIL ACCESS RETAIL ACCESS RAMP DOWN TO PARKING (18 STALLS) MAIN ENTRY MAIN ENTRY DRIVE THRU WINDOW 10 10 10 8 2 11 12TH AVENUEPROPERTY LINE PROPERTY LINE 6'-0" TALL CEDAR PRIVACY FENCE 6'-0" TALL CEDAR PRIVACY FENCE OVERFLOW PARKING PARKING PARKING DRIVE THRU2 PARKINGTYPICAL 9'-0"CONIFEROUS HEDGEPATIO EXISTING BOULEVARD TREE EXISTING BOULEVARD TREE EXISTING BOULEVARD TREE PLANTINGS BELOW PLANTINGS PLANTINGS DECORATIVE GUARD RAIL CAST STONE PLANTERS WITH ANNUALS CAST STONE PLANTERS WITH SMALL ORNAMENTAL TREES DECIDUOUS HEDGE BIKE RACK CANOPY ABOVE AWNING ABOVE AWNING ABOVE AWNING ABOVE AWNING ABOVE AWNING ABOVE AWNING ABOVE CONCRETE PAVERS BIKE RACK CONCRETE PAVERS VARIABLE HEIGHT PLANTINGS PLANTING BED ALONG GRADE SLOPE COLUMNAR TREESNEW BOULEVARD TREE DUMPSTER DIRECTIONAL SIGNAGE DIRECTIONAL SIGNAGE DRIVE UP MENU BOARD 6'-0" TALL CEDAR PRIVACY FENCE DUMPSTER SCREEN NEW TREE NEW TREE NEW TREE PLANTINGS NEW TREE PLANTINGS BELOW CONCRETE PIER SETBACK20'-0"10 8 8 9 12 6 7 10'-0"ALLEY OFF-SITE IMPROVEMENT TREES OFF-SITE IMPROVEMENT TREES POTENTIAL LOT EXPANSION EXISTING BOULEVARD TREE EXISTING BOULEVARD TREE NEW TREE NEW TREE NEW TREE NEW TREE NEW TREE EXISTING BOULEVARD TREE VARIABLE HEIGHT PLANTINGS EMPLOYEE PARKINGSETBACK8'-0"A. REFER TO CIVIL DRAWINGS FOR EXACT LOCATIONS OF PAVING AND DIMENSIONS FOR GENERAL SITE ELEMENTS. B. REFER TO CIVIL, PLUMBING, AND ELECTRICAL DRAWINGS FOR SITE UTILITIES AND FIXTURES. ONE BEDROOM = 36 UNITS (50.7%) EFFICIENCY = 35 UNITS (49.3%) TOTAL = 71 UNITS (100%) UNIT MIX LOWER LEVEL GARAGE = 18 SPACES MAIN LOT = 78 SPACES OVERFLOW LOT = 35 SPACES TOTAL = 131 SPACES PARKING PROVIDED NOT FOR CONSTRUCTIONPRELIMINARYPROJECT DATE SHEET PHASE 16 A B C D 2345 162345 www.jlgarchitects.com copyright © 2017 314 Main Ave. Suite #3 Brookings, SD 57006 phone 6 0 5.6 9 2.1 2 8 8 8/1/2017 8:14:05 AMA100 16197 06/27/17 CONSTRUCTION DOCUMENTS ARCHITECTURAL SITE PLAN LOFTS AT PARK HILLJLG ARCHITECTSBROOKINGS, SDSCALE: 1" = 20'-0" A100 ARCHITECTURAL SITE PLAN1 REVISION SCHEDULE NO. DESCRIPTION DATE SITE PLAN GENERAL NOTES Sec. 94-132. - Business B-2 district. (a)Intent.This district is intended to provide a moderate variety of retail and personal services. This district will include commercial uses whose retail operation and outdoor display of retail merchandise will be compatible with residential neighborhoods. No unscreened outdoor storage is permitted. (b)Scope of section regulations.The regulations set forth in this section or set forth elsewhere in this title, when referred to in this section, are the district regulations of the Business B-2 district. (c)Permitted uses.Permitted uses in the B-2 district are as follows: (1) All permitted uses in the B-1 central district. B-1 Permitted Uses: (1) Retail or service store. (2) Personal service store. (3) Personal health service. (4) Hotel. (5) Financial institution. (6) Office building. (7) Public transportation facility. (8) Public utility facility. (9) Parking facility or lot. (10) Drinking establishment. (11) Telecommunications tower. (12) Extended stay hotel. B-2 Permitted Uses: (2) Grocery supermarket. (3) Drive-in food service. (4) Funeral home or mortuary. (5) Gas dispensing station. (6) Automobile sales. (7) Community center. (8) Roadside stand. (9) Drinking establishment. (10)Telecommunications tower. (d)Permitted special uses.A building or premises in the B-2 district may be used for the following purposes in conformance with the conditions prescribed in this subsection: (1) Car wash. a.The entire operation shall be within an enclosed structure. b.Drainage shall be contained on the site. (2) Day care facility. a.A four-foot high transparent fence shall be constructed between the play area and the street. b.An off-street pick-up and drop-off area shall be provided. (3) Mixed business/residential use. a.Provisions of article II of this chapter shall govern all residential uses. b.A site plan showing off-street parking for each use shall be submitted. (4)Citizen's drop-off for recyclables. a.Containers or bins shall be provided for all waste material. b.No container shall be located within 100 feet of a residential district. (5)Brewpub. a.The area used for brewing, including bottling and kegging, shall not exceed 25 percent of the total floor area of a combined restaurant and drinking establishment and 50 percent of the total floor area of a drinking establishment without restaurant services. b.A malt beverage manufacturer's license must be obtained per state law. c.An alcohol beverage license must be obtained per city ordinance. d.The brewery shall not produce more than 1,500 barrels of beer and ale per year. A barrel contains 31 gallons. (6)Governmental administration and services, such as offices, firehouse, police and like uses; however, this section shall not be interpreted to permit such uses as warehousing, storage of vehicles, heavy equipment or supplies. (7)Public library or museum. a.One of the frontages of the premises shall abut upon an arterial or collector street. (e) Conditional uses.Conditional uses in the B-2 district are as follows: (1) Wholesale trade. (2) Automobile service station. (3) Repair garage. (4) Freight handling. (5) Domestic abuse shelter. (6) Apartment. (7) Small animal clinic. (8) Church. (9) Outdoor sales. (10) Broadcast tower. (f) Density, area, yard and height regulations.The density, area, yard and height regulations in the B-2 district are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height Commercial uses 15,000 100 feet 25 feet *20 feet*45 feet Other allowable uses 15,000 100 feet 25 feet 7 feet**20 feet 45 feet *A 40-foot landscaped area shall be required between an abutting residential district boundary line and any structure, access drive, parking lot or other accessory use. **The side yard will be required to be increased to ten feet if the building is three or more stories in height. (g)Accessory uses.Accessory uses and building permitted in the B-2 district are buildings and uses customarily incidental to any of the permitted uses in the B-2 district. (h)Parking regulations.Parking, loading and stacking within the B-2 district shall be in conformance with the regulations set forth in division 4 of article VI of this chapter. (i)Sign regulations.Signs within the B-2 district shall be in conformance with the regulations set forth in division 5 of article VI of this chapter. (j)Other regulations.Development within the B-2 district shall be in conformance with the regulations set forth in article II of this chapter. ² Lofts at Park Hill Rezon ing Map 6 T H S T 7T H S T 5 T H S T 11TH AVE12TH AVEMEDARY AVE13TH AVE14TH AVE13TH AVEPDD B-2 B-2 B-2 PDD R-3 R-2 R-2 B-2 B-2 B-2 R-2 R-2 B-2 R-2 R-2 R-2 B-2 R-2 R-2 R-2 R-2 B-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2R-2 R-2 R-2 R-2 R-2R-2 R-2 R-2 B-2 R-2 R-2 B-2 R-2 B-2 R-2 R-2 R-2 R-2 R-2 R-2 B-2 B-2 R-2 R-2 B-2A R-2 PDD R-2 R-2 B-2 R-2 RB-4 R-2 R-2 R-2 R-2 R-2R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2R-2 R-2R-2 R-2R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2R-2 R-2 R-2 B-2AR-2 R-2 R-2 R-2 R-2 R-2R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2B-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2R-2 R-2 R-3 R-2 R-2 R-2 R-2 R-3 R-2R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-3 R-2 R-2 R-2 R-2 R-2 R-2 R-3 R-3 R-2 R-3R-3 R-2 R-3 R-3 B-2 R-3 R-3 R-2 Legen d Zoning B-2 B-2A PDD R-2 R-3 RB-4 Lofts at Parkhill Zo ning Area Map October 5, 2017 City of Brookings Staci Bungard, City Planner 520 3rd Street, Suite 140 Brookings, SD 57006 City Council members and Mayor Keith Corbett: I went to the cityofbrookings.org website regarding the Lofts at Park Hill (6th Street, 5th Street, and 12th Avenue) as a follow-up to the September 26, 2017 council meeting specifically for the first reading and review of 7.A. ORD 17-022. I read the OFFICIAL MINUTES of the September 5, 2017, Planning Commission that had many opinions, including opinions of some members of the Planning Commission and supporters for rezoning believing there is a “land shortage” and “6th Street will be commercial.” The concerns of neighbors and advocates for neighborhoods need to have a voice in rezoning. Item #7a- had all five rezoning requests and the ordinance passed as “MOTION CARRIED.” The paraphrasing of my attached letter was incomplete and didn’t address my items 3 and 4. The rezoning approvals set precedents for all future rezoning requests. I ask the members of the City Council and Mayor Corbett to look for buildings that are 48’ (or 36’) in height that front main traffic throughways and how the density issues related to those developments affect traffic (vehicle, pedestrian, and recreational). Also, to look at the buffer areas of apartment buildings in the city of Brookings and especially near the SDSU campus. This rezoning for the Lofts at Park Hill has a parking lot in the 5th Street neighborhood. This is a serious concern for area 5th Street residents and for people using 5th Street to access Hillcrest School, Hillcrest Park, and downtown. Having a parking lot in a residential neighborhood starts a precedent for parking lots to be rezoned for other neighborhoods. A parking lot on 5th Street and 12th Avenue may result in traffic problems, increased accidents, create significant light and noise issues, and drainage problems. The parking lot on 5th Street negatively impacts the neighborhood. I am not available on October 10 due to officiating commitments and, if applicable, I wanted this letter sent out in the mailing to the City Council and Mayor if the Lofts at Park Hill is on the agenda. Please consider how a parking lot -- on a residential street-- affects neighbors, neighborhoods, and safety. Thank you to the City Council members and Mayor Corbett for reviewing the issues involved in this ordinance to rezone lots in the Hill Park Addition. Respectfully, Jay and Kathy Larsen 1347 5th St. Brookings, SD 57006 605-692-9077 Attachment: Larsen letter dated to Planning Commission dated August 31, 2017 August 31, 2017 Brookings City Government Center Planning Commission 520 3rd Street, Suite 140 Brookings, SD 57006 Members of Planning Commission: Since I can’t attend the Tuesday, September 5, 5:30pm meeting, I am noting some of my concerns and opinions regarding agenda item 7a - “Petition to Rezone” residential addresses in Block three of Hill Park Addition. 1. The Lofts at Park Hill is a development at the wrong location. a. 6th Street traffic is already congested at the primary areas for accessing South Dakota State University. The additional vehicles from residents and visitors compounds the appropriate traffic flow, street use, and safety. b. This congestion further magnifies the safety concerns for all modes of transportation, including bicycles and pedestrians on Sixth Street and the access avenues. The Sixth Street intersection/access avenues were not intended for high density traffic. c. The accidents (including one today) at 13th Avenue and 6th Street have significantly increased since the 6th Street Centre development. 2. The development will create more problems for the Sixth Street area. a. Drainage issues. This development (and others) have created excessive impermeable surfaces in residential neighborhoods that cause water issues in other areas. An example is I did not have a sump pump or any water in my basement for twenty-eight years until new two and three-story buildings were built in the area. b. Street, sidewalk, and curb maintenance especially during snow season is more complicated and it creates more significant problems at the access avenues and neighborhood area. c. The three and four-story buildings result in more problems associated with snow, ice, and rain. The taller buildings reduce the sun exposure and causes more icing. 3. The efforts made by the city of Brookings for welcoming neighborhoods is greatly diminished by excessive development in size and/or conformity. Sixth Street should not be like Minnesota Avenue in Sioux Falls. Brookings should keep their residential neighborhoods. 4. Having a parking lot on the Fifth Street block and along Twelfth Avenue is an eyesore and causes more problems with safety, traffic flow, littering, and vandalism. The pressure on off-street parking is intensified with the density of people even with the number of building area parking spaces. Thank you for your review. Please contact me if you have any questions. Respectfully, Jay and Kathy Larsen, 1347 5th Street. Brookings 692-9077 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 2017-0603,Version:1 Action on an Initial Development Plan for Lot 3; W 50’ of Lot 2, excluding the S 66’ of the W 50’ thereof; E 45’ of Lot 2, excluding the S 66’ of the E 45’; N 100’ of Lot 1; S 50’ of the N 150’ of Lot 1; S 60’ of Lot 1, S 66’ of Lot 2, N 15’ of the E 100’ of Lot 8;S 150’ of the E 100’ of Lot 8; N 10’ of the W 50’ of Lot 8; and the N 10’ of Lot 7, except the N 10’ of the W 25’ thereof; all in Block 3 of Hill Park Addition, also known as 1112, 1114, 1118 and 1124 6th Street; 517 and 521 12th Avenue; and 1125, 1119, 1115 5th Street, also known as Lofts at Park Hill. Summary: The applicant is seeking approval of an Initial Development Plan (IDP) in conjunction with a Planned Development District (PDD) rezoning request. Background: The property is currently zoned Residence R-2 Two-Family District and there are seven (7) residential homes occupying the area. The applicant is proposing to re-develop the property into a 52,185 square foot mixed use center. The 48-foot high building will be four (4) stories and includes predominately commercial space on the first floor with efficiency and one (1) bedroom residential units on the second, third, and fourth floors. The proposed building contains 4,800 square feet of commercial space, 71 apartments, and a drive- thru that will exit to 12th Avenue. The development will have an access point off 6th Street, 12th Avenue, and 5th Street. The drive-thru exit to 12th Avenue meets the off-set requirements. The applicant is proposing 131 parking spaces, with 18 located below grade. The proposed parking and drive aisle dimensions meet City requirements. The site will accommodate drainage via an underground system. The building will be located 20 feet from the north property line along 6th Street and 21 feet from the east property line along 12th Avenue. The applicant is proposing sections of a 6- foot high privacy fence and landscaping to provide a buffer to the residential land to the south. The design is intended to create a streetscape along 6th Street by locating the parking behind the building, incorporating landscaping features along the foundation, and the utilization of canopies over the commercial spaces. The PDD District is intended to provide flexibility from the traditional zoning requirements. The applicant is requesting the following: ·building height of 48’ whereas the B-2 District limits the height to 45’; and ·flexibility to locate the building 20’ and 21’ from the front property lines and the B-2 requires 25’; and ·flexibility from the 40’ landscaped area requirement abutting residential land to allow for parking in the buffer area. City of Brookings Printed on 10/4/2017Page 1 of 3 powered by Legistar™ File #:ID 2017-0603,Version:1 The applicant redesigned the project to alleviate some of the concerns by: ·increasing the setback distance to 20’ from 13’ along 6th Street; and ·including additional land area into the project; and ·adding significantly more landscaping along 6th Street and around the perimeter of the project; and ·adding parking spaces to meet the City requirements. PDD Criteria & Findings of Fact: The PDD is intended to provide flexibility for creative, efficient, and well-planned urban development that allows for a mix of compatible uses. The PDD criteria, qualifying project elements, and findings of fact are as follows: 1. Encourage well-planned, efficient urban development. The project is well-planned due to the increased density, location along 6th Street, use of existing streets and infrastructure, and creation of an urban streetscape. The development will provide significantly more dwelling units than the existing homes, and offer commercial space on a major commercial corridor. 2. Allow a planned and coordinated mix of land uses, which are compatible and harmonious, but were previously discouraged by conventional zoning practices. The B-2 District allows for mixed-use development, but the PDD is necessary to accommodate the project design and density. The proposed uses include those listed in the B-2 District and are considered to be compatible as shown in other mixed-use projects. The traditional requirements for setbacks and buffer/landscaped area rules, parking, and building height would hinder the design elements of the proposed project. The applicant is proposing landscaping and a privacy fence to mitigate impacts to the adjoining residential properties to the south. 3. Encourage more creative, higher quality and more ecologically sensitive urban design with special consideration given to projects, which incorporate desirable design features such as underground parking, orientation, or design to take advantage of passive solar energy, environmental preservation, historic preservation, handicapped accessible structures, unique use of open space, or other desirable design features. The proposed project incorporates several unique design features, including: the use of underground parking, building orientation along 6th Street, bike racks for residents and shoppers, and the use of an underground detention system. The building will also have an elevator and include handicapped accessible units. The development will include amenities such as an outdoor seating area, fitness center, rooftop patio, and some apartment balconies. 4. Improve communication and cooperation among the city’s land developers and interested residents in the urbanization of new lands and the renewal of existing deteriorated areas. The general area is a mix of residential and businesses located within a major commercial corridor. The existing homes were constructed close to the early 1900’s and the structures are in various conditions. While the existing development is not considered blighted, the proposed development will offer the opportunity to redevelop an area with aging housing stock. The proposed development is urban in nature, will use existing infrastructure, and promote land use efficiency with the increased density of the area. The City encourages re-development to encompass close to one-half of the City of Brookings Printed on 10/4/2017Page 2 of 3 powered by Legistar™ File #:ID 2017-0603,Version:1 existing block, which this project proposes to do. The PDD District is an independent district overlay, which is project specific, thus requiring both an Initial Development Plan and a Final Development Plan. The Final Development Plan needs to be approved by the Planning Commission, prior to issuing a building permit. The Planning Commission and City Council may require additional project design elements or stipulate more specific permitted use than those listed in the B-2 District. City Engineer’s Comments: For informational purposes, a Drainage Plan will be required before a building permit will be issued. The preliminary drawings indicate the site will include underground detention. Planning Commission Recommendation: The Planning Commission voted 6-1 to recommend approval of the Initial Development Plan. Attachments: Initial Development Plan Planning Commission Minutes 9/5/2017 City of Brookings Printed on 10/4/2017Page 3 of 3 powered by Legistar™ Planning Commission Brookings, South Dakota September 5th, 2017 OFFICIAL MINUTES Chairperson Al Heuton called the regular meeting of the City Planning Commission to order on Tuesday, September 5, 2017, at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, James Drew, Alan Gregg, Alan Johnson, Lee Ann Pierce, Kristi Tornquist, Eric Rasmussen and Heuton. Absent was Greg Fargen. Also present were City Planner Staci Bungard, Community Development Director Mike Struck, City Engineer Jackie Lanning, Mike McClemans, John Mills, Donald Denure, David Jones, Rick Ribstein, Larry Fjeldos, Kelan Bludorn, Mary and Orren Erickson, Kathy Larson, John Kratochvil, Tom Becker, Shawn Weber, Josh Westwick, Stacy Davis, Jolane Tomhave, and others. Drew recused himself. Item #7a - Alliance Investment Group LLC, CALA LLC, Garrick Properties LLC, R&B Properties LLC, Kyle Shad, Carol Pitts, and Jeffrey Rief have submitted a petition to rezone Lot 3; W50’ of Lot 2, excluding the S 66’ of the W50’ thereof; E45’ of Lot 2, excluding S66’ of E45’; N100’ of Lot 1; S50’ of N150’ of Lot 1; S60’ of Lot 1, S66’ of Lot 2, N15’ of E100’ of Lot 8, S150’ of the E100’ of Lot 8; N10’ of W50’ of Lot 8; and N10’ of Lot 7, except the N10’ of W25’ thereof; all in Block 3 of Hill Park Addition, also known as 1125, 1114, 1118 and 1124 6th Street; 517 and 521 12th Avenue; and 1125, 1119, 1115 5th Street, from a Residence R-2 Two-Family District to a Planned Development District with an underlying Business B-2 District. (Gregg/Aiken) Motion to approve the rezone request from a Residence R-2 Two-Family District to a Planned Development District with an underlying Business B-2 District. Tornquist voted no. All others vote aye. MOTION CARRIED. (Pierce/Johnson) Motion to approve the 20’ front yard setback along 6th Street. The required front yard setback in a B-2 District is 25’. All present voted aye. MOTION CARRIED. (Gregg/Aiken) Motion to approve the 21’ side yard setback along 12th Avenue. The required side yard setback in a B-2 District is 25’. All present voted aye. MOTION CARRIED. (Pierce/Rasmussen) Motion to approve the 48’ building height. The ordinance allows for a 45’ building in a B-2 District. Tornquist voted no. All others voted aye. MOTION CARRIED. (Gregg/Rasmussen) Motion to approve the elimination of a 40’ landscape buffer which is required when abutting a residential district. Tornquist voted no. All others voted yes. MOTION CARRIED. (Gregg/Rasmussen) Motion to approve the Initial Development Plan as submitted. Tornquist voted no. All others voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #7a –This is a request to rezone a parcel of land to a Planned Development District with an underlying B-2 District. The property is currently zoned R-2 Two-Family District and there are seven residential homes occupying the area. Bungard explained the Planned Development District and how it is used to offer flexibility from the requirements to allow for efficient and well-planned urban development. The plan of the applicant is to remove the houses and to build a 52,185 square foot multi-use building. This building would be 4 stories high with commercial space on the first floor and 71 efficiency and one bedroom residential units on the remaining floors, and a drive-thru. The building will be 48 feet in height which exceeds the regulations of the B-2 District. The applicant is proposing 131 parking spaces which includes some underground parking. The proposed parking and drive isles meet City requirements. The applicants are requesting flexibility to locate the building 20’ from the north property lines and 21’ from the east property line. The B-2 District requires 25’ setback. In addition they would need a variance from the 40’ landscaping area requirement abutting the residential land to allow for parking in the buffer area. David Jones told the board that they, the applicants, have spoken with many people regarding their concerns with this project. They have neighbors that are willing to sell them portions of their lots to allow for this development. This current proposal has increased green space and parking which was a concern of neighbors and commission members. Jones indicated that they would like to keep all the parking at the back of the building to make this building aesthetically more pleasing. Jones also indicated that they could meet the 25’ setback, but they chose to add additional green space to the front of the building along 6th Street and move the parking to the rear so they are requesting the variance to the front yard setback. Jones noted that they are currently planning for three egresses and they could get by with two but feel that the additional exits could benefit with traffic flow on 12th Avenue. Larry Fjeldos, resident of Brookings who raised his family here and has seen Brookings change through many stages, stated that he looks forward to what the City of Brookings is going to be. He feels that for years there have been many things that have stood in the way of Brookings growing, such as drainage. He appreciates the option of the PDD District and that it allows for flexibility and allows the Commission to put time and thought in to the plan. He was concerned about some of the questions that the commission has had in regards to the building height and the landscaping. But now that the commission has looked at these things, and the developers have made adjustments to their plan, he would like the City to move forward and think about the benefits of this development. Revenue and an increase in sales tax makes sense economically as the city would benefit from these. He stated that 6th Street is transforming in to something different, with the traffic and new buildings. And with this, the buildings along 6th Street are going to need to change. Fjeldos would like to see a nice building like this in Brookings. Fjeldos feels that the city can no longer move out, so it has to move up and down. Kelan Bludorn, Best Choice Realty, explained that he was part of the development of The Lofts on Main Avenue and that he is in full support of this project. Bludorn stated that the city needs to look ahead and see that there is a land shortage. Bludorn feels that Brookings is going to continue to grow and with the density issue and the increase in population of Brookings, we need to consider growing up since there is no room to grow out. Additionally, due to the curb appeal of these properties along 6th Street and 12th Avenue, something needs to be done to improve the look of this area. Bludorn feels this proposal is a good use of the land along 6th Street, and the developers have a nice design. Heuton read a letter which was received from the Brookings Chamber of Commerce. The Chamber supports community and business growth within the Brookings area and this development demonstrates the vision and growth that will positively impact the Brookings local economy. This project will also add density around the downtown business district. The location of The Lofts is ideal as people will be able to walk, bike or drive to local restaurants, retail stores and other experiences. Mary Erickson asked if 1115 and 1119 were going to be rezoned? Bungard stated that it will only be about 10 feet on the north end of those lots. Erickson is wondering if a fence will still be required. Heuton stated “yes” that will come in to effect in a future motion. Erickson would also like the commission to keep in mind the integrity of the neighborhood. Orren Erickson is concerned that there has been a change to the buffer between this development and his properties. He is also concerned that a business may come in to this development that will be open 24 hours and cause traffic throughout the night. Kathy Larson remembers the similar project that took place on 6th Street and 13th Avenue and that there has been traffic issues on 13th Avenue ever since. Larson is concerned about the safety issue for the kids and bicyclists on 13 th Avenue. She feels that these large buildings are ruining the aesthetics of these residential areas. She is concerned about the height and the closeness of this building to the surrounding properties. Larson is against this rezoning request. She wants people in the neighborhoods to feel safe. Heuton read a letter which was received from Jay Larson. Larson is most concerned about the safety with additional traffic in this neighborhood. He is also concerned about drainage issues that have recently come about in this area. Larson noted that street, sidewalk and curb maintenance during the snow season is more complicated due to recent developments and this proposal will only make things more difficult. The tall buildings will only make for more problems with snow, ice and rain as the reduction in sun exposure will cause more icing. Additional parking on the streets will cause issues with traffic flow and safety. John Kratchovil doesn’t feel that this proposal fits in the area. Kratchovil noted several properties, large businesses, that meet the buffer between the commercial building and the residential lots. He feels that the proposal should also have to meet the setback requirements. Kratchovil wonders if the future Comprehensive Plan which is being worked on, includes removing current residential properties and rezoning them. He feels that if the commission approves this request, that they are setting a precedence for future requests. Tom Becker feels that a decision shouldn’t be made by the commission until a study has been done to show what impact traffic will have on this area if this proposal is granted. Becker is asking that the commission and city consider completing a traffic study. And if the study shows that there will not be any concerning areas, then the commission knows they are making a good decision based on all the information needed. Heuton explained that there was a public open house regarding the future of 6th Street with the consultants that the City hired. He asked that Tornquist brief those in attendance regarding discussions held during the open house. Tornquist reminded everyone that the Comp Plan is not yet complete, but discussion included mixed uses along 6th Street. And the area that is in question tonight is actually being considered for mixed uses, but the south end of the block will remain residential. Pierce noted that several discussion have been had with the comp plan committee regarding the Medary to 22 nd Avenue area. This area will not remain as a residential area in the next 20 years. This area has already started converting over to a B-2 District. Tornquist stated that the heights of buildings has also been discussed at length. And that design features that move the building away from the street are things to look at. Struck noted that the consultants did look at this proposal. From a scale perspective off of 6th Street, there were some discussions about extending the parking area. The consultants do actually feel like the applicants are providing too much parking for this development. Kathy Larson asked if the consultants looked at the neighborhood 1 block south of 6th Street. Struck explained that the consultants were looking at just the north side of this block and leaving the south side of the block as residential. Johnson was originally concerned about all the variance requests that will come along with this request. But with the changes that the applicants have made, he feels this project has moved along and improved greatly. He feels that parking restrictions being applied, would be a good plan. He feels the look of the building is great and 6th Street is turning in to commercial, and away from residential, and this area along 6th Street will probably never go back to residential. Gregg also approves of the changes that have been made by the applicants. He feels that sooner than later, 6th Street is going to become commercial. He feels that the setbacks that the applicants are providing are sufficient. And the height restrictions are going to need to be adjusted at some time, to allow the City to grow. Aiken feels the zoning choice that the applicants are requesting is appropriate for this area. He appreciates the additional parking that the applicants are proposing, the additional landscaping and the setback off of 6th Street. Rasmussen asked if leaving the zone R-2 Residential Two-Family with a parking lot would be allowed. Struck stated “no.” Pierce appreciates the plan of the applicants, but she is still concerned about the parking on 5th Street. She also wonders if the developers could soften the look of the parking lot. Tornquist also agrees with the look of the project. And is in agreement that this area is going to become a mixed-use area. Heuton feels that this proposal is a high quality, visually appealing project. He also recalls many discussion regarding the land issue and not being able to expand out, so this type of density is needing to be looked at. And a project like this needs to be looked at for the idea of growing up and increasing density. He appreciates the coordination of the mixed uses. Heuton indicated that the applicants have moved the building back which he greatly appreciates since the setback off of 6th Street was a major concern of his. The wear and tear of the residential structures is getting beyond the point of repair, so this development would be an improvement to the area. And with the housing shortage in Brookings, especially near the campus area, this project will help. The landscaping issue and the parking have both been issues to Heuton, and he feels that adequate parking is very important. There is currently on-street parking near this project, and he doesn’t feel that that would need to be removed. Questioning was called by Rasmussen. Orren and Mary Erickson are not in favor of the elimination of the 40’ landscape buffer between this development and the lots zoned residential. They also feel the size of the building should have to be adjusted so this variance wouldn’t need to be requested. Mr. Erickson feels the commission is setting a precedence in the wrong way by granting this variance. Mrs. Erickson is wondering where the fencing will be installed for the buffer. Bungard explained that along the B-2A zone, the developers are planning for a natural buffer. But portions of the remaining parking areas are going to be abutting the residential areas and buffering hasn’t been determined yet as this will happen at final development plan stages. Kathy Larson feels that granting this variance is completely unacceptable and she is not in favor. Taking away the buffer and abutting directly up to someone else’s personal property is not right. David Jones stated that they did do research around town to see how many businesses, that abut a residential area, have the 40’ landscape buffer. Jones noted that they didn’t find many properties that met this requirement. They are just asking for what others in town have. Jones explained that they would apply a buffer, probably a 6’ fence, but they are also considering completing a natural buffer in some areas. Pierce asked what the buffer requirements will be along 5th Street. Bungard stated that the requirements could be set during the IDP approval process. Heuton reviewed the uses that will be allowed in the Business B-2 Zoning District. All of the B-1 uses are eligible in the B-2 District. He is concerned about hotel use, parking facility or lot, drinking establishment, telecommunications tower, and extended stay hotels in the B-1 permitted uses. Additionally he is concerned about grocery supermarket, gas dispensing station, automobile sales, community center, drinking establishment, and telecommunications towers in the B-2 permitted uses. Under the permitted special uses, Heuton is concerned about citizen’s drop-off for recycles, and public library or museum. Additionally the conditional uses that he has a concern with are automobile service station, repair garage, freight handling, domestic abuse shelter, church, outdoor sales, and broadcast towers. Gregg would like to keep the telecommunication towers to be allowed as these will include the small cell towers that are currently being installed around town. Tornquist wondered if brewpubs and carwashes under the permitted special uses should also be removed. Aiken thinks that a brewpub use could be allowed since these establishments usually are not open late at night. Struck asked if the commission is eliminating the ability to have a restaurant that serves beer and wine? Heuton feels that a drinking establishments refers to a bar. Pierce wondered where eating establishments are covered under any of these uses. Struck noted that eating establishments are included under retail services. Heuton likes the looks of the building in the rendering that was provided. He wondered what the outside materials of the building would be? Drew indicated that the construction materials used on the east, west and back are all brick with the corners wrapped with brick to the top. And the middle section being an architectural wood along with the rear of the building. Heuton pointed out the fencing and landscaping that is being proposed. On the west side there will be a 6 foot cedar fence plus additional trees at certain locations. And the west side of the overflow parking lot currently is planned to have a fence plus some additional tree plantings will be implemented. Aiken feels that the fencing along 5th Street needs to meet the setback for safety reasons. Heuton feels that the landscape triangles along 5th Street and at the intersection of 12th Avenue, the landscaping needs to be a small berm. Heuton also suggests that some grasses or other things be planted along the buffer area to make these areas blend in to the neighborhood. Pierce would like the south side of the overflow parking lot and the east side to look nice and better fit into the neighborhood. Rasmussen asked what the reason was for the outlet on 5th Street. Drew noted that they are willing to negotiate this and take it out if the commission preferred it. Aiken would appreciate if they would look at something other than a cedar fence along the west side and would like them to maybe look at something that was vegetative and would buffer some of the sound. LOFTS AT PARK HILL RETAIL ACCESS RETAIL ACCESS RETAIL ACCESS PROPERTY LINE BUILDING ABOVE 6TH STREET RETAIL ACCESSRETAIL ACCESS RETAIL ACCESS RAMP DOWN TO PARKING (18 STALLS) MAIN ENTRY MAIN ENTRY DRIVE THRU WINDOW 10 10 10 8 2 11 12TH AVENUEPROPERTY LINE PROPERTY LINE 6'-0" TALL CEDAR PRIVACY FENCE 6'-0" TALL CEDAR PRIVACY FENCE OVERFLOW PARKING PARKING PARKING DRIVE THRU2 PARKINGTYPICAL 9'-0"CONIFEROUS HEDGEPATIO EXISTING BOULEVARD TREE EXISTING BOULEVARD TREE EXISTING BOULEVARD TREE PLANTINGS BELOW PLANTINGS PLANTINGS DECORATIVE GUARD RAIL CAST STONE PLANTERS WITH ANNUALS CAST STONE PLANTERS WITH SMALL ORNAMENTAL TREES DECIDUOUS HEDGE BIKE RACK CANOPY ABOVE AWNING ABOVE AWNING ABOVE AWNING ABOVE AWNING ABOVE AWNING ABOVE AWNING ABOVE CONCRETE PAVERS BIKE RACK CONCRETE PAVERS VARIABLE HEIGHT PLANTINGS PLANTING BED ALONG GRADE SLOPE COLUMNAR TREESNEW BOULEVARD TREE DUMPSTER DIRECTIONAL SIGNAGE DIRECTIONAL SIGNAGE DRIVE UP MENU BOARD 6'-0" TALL CEDAR PRIVACY FENCE DUMPSTER SCREEN NEW TREE NEW TREE NEW TREE PLANTINGS NEW TREE PLANTINGS BELOW CONCRETE PIER SETBACK20'-0"10 8 8 9 12 6 7 10'-0"ALLEY OFF-SITE IMPROVEMENT TREES OFF-SITE IMPROVEMENT TREES POTENTIAL LOT EXPANSION EXISTING BOULEVARD TREE EXISTING BOULEVARD TREE NEW TREE NEW TREE NEW TREE NEW TREE NEW TREE EXISTING BOULEVARD TREE VARIABLE HEIGHT PLANTINGS EMPLOYEE PARKINGSETBACK8'-0"A. REFER TO CIVIL DRAWINGS FOR EXACT LOCATIONS OF PAVING AND DIMENSIONS FOR GENERAL SITE ELEMENTS. B. REFER TO CIVIL, PLUMBING, AND ELECTRICAL DRAWINGS FOR SITE UTILITIES AND FIXTURES. ONE BEDROOM = 36 UNITS (50.7%) EFFICIENCY = 35 UNITS (49.3%) TOTAL = 71 UNITS (100%) UNIT MIX LOWER LEVEL GARAGE = 18 SPACES MAIN LOT = 78 SPACES OVERFLOW LOT = 35 SPACES TOTAL = 131 SPACES PARKING PROVIDED NOT FOR CONSTRUCTIONPRELIMINARYPROJECT DATE SHEET PHASE 16 A B C D 2345 162345 www.jlgarchitects.com copyright © 2017 314 Main Ave. Suite #3 Brookings, SD 57006 phone 6 0 5.6 9 2.1 2 8 8 8/1/2017 8:14:05 AMA100 16197 06/27/17 CONSTRUCTION DOCUMENTS ARCHITECTURAL SITE PLAN LOFTS AT PARK HILLJLG ARCHITECTSBROOKINGS, SDSCALE: 1" = 20'-0" A100 ARCHITECTURAL SITE PLAN1 REVISION SCHEDULE NO. DESCRIPTION DATE SITE PLAN GENERAL NOTES 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 #:ORD 17-023,Version:2 Public Hearing and Action on Ordinance 17-023, an Ordinance amending Section 94-407, pertaining to Intersection Safety Zones. Summary: Staff is proposing an Ordinance amendment to help create a safer community by refining the way the sight distance triangle is measured and applied throughout the city. Background: The sight triangle is an area of visibility required on a street or alley intersection and along a driveway which intersects a street that allows motorists, pedestrians, and cyclists a clear view for safety purposes. In many cases, the current ordinance is not sufficient in designating a sight triangle at intersections, alleys, and driveways. The amendment proposes to designate a sight triangle that is measured from the adjacent property lines. The amendment restricts objects between 30 inches and 10 feet in height from being placed in the sight triangle. Typically, the line of sight for a motorist ranges from 30 inches to 10 feet when sitting in a vehicle. Districts that allow buildings to the lot line or within the sight triangle are exempt from the provisions of Section 94-407. Attachments: Ordinance Amendment- Marked Up Ordinance Amendment- Clean Copy Notice Planning Commission Minutes 9/5/2017 Comparison Chart Sight Triangle Exhibit City of Brookings Printed on 10/4/2017Page 1 of 1 powered by Legistar™ Page 1 Ordinance 17-023 An ordinance amending the Zoning Ordinance of the City of Brookings and pertaining to intersection and driveway safety zones for the purpose of administration of the Zoning Ordinance Be It Ordained by the Council of the City of Brookings, State of South Dakota: that Chapter 94, Zoning, Section 94-407, Subsection (a), (b), and (c) shall be amended as follows: I. Sec. 94-407. - Intersection and driveway safety zones. (a)Sight Triangle in General.On any corner lot at the street intersection which has some form of traffic controls, there shall be no obstructions to traffic visibility within the clear sight triangle. which is formed by the intersection of the centerline of two intersection streets and a straight line joining the two intersecting centerlines at points 55 feet distant from their point of intersection. The site triangle is an area of visibility required on a street or alley intersection and along a driveway which intersects a street that allows motorists, pedestrians, and cyclist a clear view for safety purposes. All visual obstructions between the height of 30 inches and 10 feet shall be prohibited in the site triangle. The sight distance triangle is measured from the intersection of the property line along and next to any street/alley intersection or where a driveway connects to a street. (1) Sight triangle is as follows: a.Where two streets intersect, the sight triangle shall extend a minimum of twenty-five (25) feet from the intersection of the two street property lines. b.At the intersection of a street with an alley or private driveway, the sight triangle shall extend a minimum of ten (10) feet from the intersection of the street with an alley or private driveway property line. (b) On any corner lot at a street intersection which does not have any form of traffic control, there shall be no obstructions to traffic visibility within the clear sight triangle which is formed by the intersection of the centerline of two intersecting streets and a straight line joining the two intersecting centerlines at points the given number of feet distant from their point of intersection; the distances from this point of intersection are given in the following table for various speeds in miles per hour of the applicable speed limit. If the intersection is a "T" intersection, the distance measurement for determining the clear sight triangle is 73 feet. (b)Exceptions. Districts that allow buildings and structures to the property line or in the sight triangle are exempt from this provision. (c) Distance measurements for clear sight triangle are as follows: Miles Per Hour Distance 20 ..... 73 feet 25 ..... 99 feet 30 ..... 126 feet Page 2 35 ..... 154 feet Amend Section 94-1. Definitions. Sight Triangle: The site triangle is an area of visibility required on a street or alley intersection and along a driveway which intersects a street that allows motorists, pedestrians, and cyclist a clear view for safety purposes. II. Any and all ordinances in conflict herewith are hereby repealed. First Reading:September 26, 2017 Second Reading: Published: CITY OF BROOKINGS, SD ___________________________________ Keith W. Corbett, Mayor ATTEST: ________________________ Shari Thornes, City Clerk Page 1 Ordinance 17-023 An ordinance amending the Zoning Ordinance of the City of Brookings and pertaining to intersection and driveway safety zones for the purpose of administration of the Zoning Ordinance Be It Ordained by the Council of the City of Brookings, State of South Dakota: that Chapter 94, Zoning, Section 94-407, Subsection (a), (b), and (c) shall be amended as follows: I. Sec. 94-407. - Intersection and driveway safety zones. (a)Sight Triangle in General.The sight triangle is an area of visibility required on a street or alley intersection and along a driveway which intersects a street that allows motorists, pedestrians, and cyclist a clear view for safety purposes. All visual obstructions between the height of 30 inches and 10 feet shall be prohibited in the site triangle. The sight distance triangle is measured from the intersection of the property line along and next to any street/alley intersection or where a driveway connects to a street. (1) Sight triangle is as follows: a.Where two streets intersect, the sight triangle shall extend a minimum of twenty-five (25) feet from the intersection of the two street property lines. b.At the intersection of a street with an alley or private driveway, the sight triangle shall extend a minimum of ten (10) feet from the intersection of the street with an alley or private driveway property line. (b)Exceptions. Districts that allow buildings and structures to the property line or in the sight triangle are exempt from this provision. Amend Section 94-1. Definitions. Sight Triangle: The site triangle is an area of visibility required on a street or alley intersection and along a driveway which intersects a street that allows motorists, pedestrians, and cyclist a clear view for safety purposes. Page 2 II. Any and all ordinances in conflict herewith are hereby repealed. First Reading:September 26, 2017 Second Reading:October 10, 2017 Published:October 13, 2017 CITY OF BROOKINGS, SD ___________________________________ Keith W. Corbett, Mayor ATTEST: ________________________ Shari Thornes, City Clerk 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 94-407, pertaining to Intersection Safety Zone. NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, September 5, 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 25th day of August, 2017. ____________________________ Staci Bungard City Planner Planning Commission Brookings, South Dakota September 5th, 2017 OFFICIAL MINUTES Chairperson Al Heuton called the regular meeting of the City Planning Commission to order on Tuesday, September 5, 2017, at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, James Drew, Alan Gregg, Alan Johnson, Lee Ann Pierce, Kristi Tornquist, Eric Rasmussen and Heuton. Absent was Greg Fargen. Also present were City Planner Staci Bungard, Community Development Director Mike Struck, City Engineer Jackie Lanning, Mike McClemans, John Mills, Donald Denure, David Jones, Rick Ribstein, Larry Fjeldos, Kelan Bludorn, Mary and Orren Erickson, Kathy Larson, John Kratochvil, Tom Becker, Shawn Weber, Josh Westwick, Stacy Davis, Jolane Tomhave, and others. Item #8d – The City of Brookings has submitted ordinance amendments to Section 94-407 pertaining to Intersection Safety Zone. (Rasmussen/Aiken) Motion to approve the ordinance amendments. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #8d –No discussion. Municipality Regulations for Fences, Walls, Hedges Sioux Falls 4’ fence in front yard;no more than 30% solid design if within 30’ from intersection along property lines Aberdeen 3’ for hedges within 50’ of intersection at curbline & 3’ for solid fence within 35’ of intersection and 15’ for driveway at property lines Rapid City 4’ for fences in front yard; fences and hedges not more than 2.5’in sight triangle Brandon 4’ fence in front yard, Huron 4’ fence in front yard; no fence or plant material taller than 1’ in sight triangle (12’ for streets/alleys & 8’ for driveways); Hedges in boulevard /parking areas not more than 30” measured from street gutter level Pierre 48” fence in front yard; fences, walls and hedges at 30” in sight triangle (25’ for streets and 15’ for intersection of street and alley measured at property line) Yankton 3’ for fences, walls, structure, planting of foliage with sight triangle (30’ from curbline of intersecting streets) Mankato, MN Fences, walls, shubbery, or any visual obstruction shall not be over 30” in sight triangle as measured 25’ from right-of-way line Madison, WI 4’ for fences in front yard; nothing between 30”and 10’ in sight triangle (25’ for streets and 10’ for alleys and driveways measured at property line); Fences 66% open are exempt Legend Proposed Distance 25 Triangle Distance 55 73 99 126 ² Sig h t Tria ngle