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HomeMy WebLinkAbout2014_11_04 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 Council Chambers6:00 PMTuesday, November 4, 2014 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. 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. 6. Contracts/Change Orders: Page 1 City of Brookings Printed on 10/30/2014 November 4, 2014City Council Meeting Agenda 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. Introduction and First Reading of Ordinance 14-026, an Ordinance Authorizing A Supplemental Appropriation to the 2014 Budget For the Purpose of Providing Additional Funds for the Operation of the City. Public Hearing: November 25, 2014. ORD 14-0267.A. 8. Public Hearings and Second Readings: Public hearing and action on Ordinance 14-024, rezoning a portion of the W ½ of the Christie Heights Addition in the SW ¼ of the NW ¼ of Section 2-T109N-R50W from a Residence R-1B District to a Residence R-1C District. ORD 14-0248.A. Action: Open & Close Public Hearing, Motion to Approve, Roll Call Public hearing and action on Ordinance 14-025, rezoning R'Surene Morgan Farm Addition from a Residence R-3A District to a Business B-3 District. ORD 14-0258.B. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 9. Other Business: 10. 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 stating the issue, requested outcome, and time. A majority vote is required. 11. Adjourn. Brookings City Council: Tim Reed, Mayor, Keith Corbett, Deputy Mayor & Council Member Council Members Tom Bezdichek, Jael Thorpe, John Kubal, Dan Hansen, Ope Niemeyer 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. Engage Brookings is an online tool where citizens can engage, communicate and collaborate with community decision makers and other residents. Where these ideas overlap is the future of Brookings. www.engagebrookings.org Page 2 City of Brookings Printed on 10/30/2014 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 14-026,Version:1 Introduction and First Reading of Ordinance 14-026, an Ordinance Authorizing A Supplemental Appropriation to the 2014 Budget For the Purpose of Providing Additional Funds for the Operation of the City. Summary: This amendment increases revenue FY 2014 by $3,400,463 and the expenses by $7,251,283. Attached is a memo explaining the need or previous action taken by Council requiring this amendment, the ordinance, and the detail by line item with a brief description of why the amendment is necessary. Fiscal Impact: Amends the budget to reflect actual revenues and expenditures Recommendation: Staff recommends approval Attachments: Budget Amendment Memo Budget Amendment Ordinance Budget Amendment Detail City of Brookings Printed on 10/30/2014Page 1 of 1 powered by Legistar™ Ordinance No. 14-026 An Ordinance authorizing a Supplemental Appropriation to the 2014 Budget for the purpose of providing for additional funds for the Operation of the City. Be It Ordained by the City of Brookings, South Dakota: Whereas, it is necessary to recognize additional revenue; and Whereas, the City Council approved the purchase of the DOT property; and Whereas, there has been litigation fees in 2014; and Whereas, the City has experienced an number of retirements creating the need to pay out benefits accrued; and Whereas, land was purchased for storm drainage improvements; and Whereas, land was purchased for the 26th Street S right-of-way; and Whereas, there has been equipment failures at the Public Safety Building and the Larson Ice Arena; and Whereas, fencing was necessary for public safety at the gun range; and Whereas, it is necessary to secure the City's data; and Whereas, there was a fire at the Street Department; and Whereas, it is necessary to recognize the insurance claims and the expenditures to replace equipment; and Whereas, it is necessary to reduce budgets for group health insurance premium; and Whereas, the Bond Anticipation Note was paid; and Whereas, the Dakota Nature Park is in its last phase of development; and Whereas, the final phase of the "Welcome to Brookings" signs on the west side of the community needed to be completed; and Whereas, it has become necessary to consolidate the expenses for S Main and 34th that will be distributed to the Storm Drainage and Special Assessment Funds in 2015 at time of finalization; and Whereas, the Research & Technology has increased occupancy creating additional revenue and expenses; and Whereas State Law (SDCL 9-21 -7) and the City Charter (4.06 (a) permit supplemental appropriations provided there are sufficient funds and revenues available to pay the appropriation when it becomes due, Now, Therefore, Be It Resolved by the City Council that the City Manager be authorized to make the following budget adjustments to the 2014 budget: Budget Amendment #2 Revenue Expense Policy & Adm-CityCouncil,CityClerk,CityAttorney,CityManager 68,939 Financial Adm-Finance, Human Res 21,628 Other-Non-Dept, Gen Gov Buildings, IT 2,556,590 1,727,103 Public Safety-Police, Fire, Animal Control 8,630 162,350 Public Works-Comm Dev, Engineer, Street 800,456 115,233 Culture & Recreation-Park,Rec,Forestry,Library,Aquatic,IceArena (17,000)51,577 Total General Government 3,348,676 2,146,830 75% Public Improvement 4,925,869 E-911 (6,416) Special Assessment 355,200 (1,825,000) Storm Drainage (394,200)(236,000) Total Special Revenue (39,000)2,858,453 Dakota Nature Park 150,000 Gateway Project 27,000 S Main Project 2,020,000 Total Capital Projects 2,197,000 Research & Technology Center 90,787 49,000 Total Enterprise Funds 90,787 49,000 All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. First Reading:November 4, 2014 Second Reading:November 25, 2014 Published:November 28, 2014 CITY OF BROOKINGS Tim Reed, 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 #:ORD 14-024,Version:1 Public hearing and action on Ordinance 14-024, rezoning a portion of the W ½ of the Christie Heights Addition in the SW ¼ of the NW ¼ of Section 2-T109N-R50W from a Residence R-1B District to a Residence R-1C District. Summary: Rezone several lots along Western Avenue to a higher density single-family district. Background: The rezoning of Christie Heights Addition was completed in July. The Residence R-2 District accounted for 40% of the lots and the Residence R-1B District covered the remaining lots. The owner designated the northern portion of the subdivision as R-1B and the south part as R-2. Western Avenue is a minor collector and will certainly see an increase in traffic as development continues in this area. The adjoining, undeveloped land on the west side of Western Avenue is in the Joint Jurisdiction Area within Brookings County. It is in the Residence R-1B District. Specifics: The rezoning will involve 5 lots abutting the east side of Western Avenue. The R-1C allows for lot area and lot width reductions of 2,500 square feet and 25 feet, respectively. This will result in an additional two lots to be added as a minor preliminary plat amendment. Fiscal Impact: None Recommendation: The Planning Commission voted 8 yes and 0 no to recommend approval of the rezoning. Attachments: Ordinance 14-024 Hearing Notice: Christie Heights Rezone 10-2014 10/7/2014 Planning Commission Minutes Zoning Map October 2014 Residence-R-1C Regulations City of Brookings Printed on 10/30/2014Page 1 of 1 powered by Legistar™ Ordinance No. 14-024 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: A portion of the W ½ of the Christie Heights Addition in the SW ¼ of the NW ¼ of Section 2-T109N-R50W be and the same is hereby rezoned and reclassified from a Residence R-1B District to a Residence R-1C 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 No. 17- 13 of the City of Brookings, South Dakota. Section 3. All sections and ordinances in conflict herewith are hereby repealed. First Reading: October 28, 2014 Second Reading and Adoption: Published: CITY OF BROOKINGS ________________________ Tim Reed, Mayor ATTEST: _________________________ Shari Thornes, City Clerk C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@880547DB\@BCL@880547DB.doc 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 Dean B. Christie, Authorized Representative of the Christie Family Trust, has submitted a petition to rezone the following described real estate in the City of Brookings, in Brookings County, South Dakota: A portion of the W ½ of the Christie Heights Addition in the SW ¼ of the NW ¼ of Section 2-T109N-R50W from a Residence R-1B District to a Residence R-1C District. NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, October 7, 2014, in the Chambers Room on the third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 26th day of September, 2014. ____________________________ Dan Hanson Planning & Zoning Administrator Planning Commission Brookings, South Dakota October 7, 2014 OFFICIAL MINUTES Chairperson Hal Bailey called the regular meeting of the City Planning Commission to order on Tuesday, October 7, 2014 at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members present were Donna DeKraai, James Drew, Greg Fargen, Alan Gregg, Alan Heuton, Lee Ann Pierce, Kristi Tornquist, and Bailey. Absent was Cameron. Also present were Jacob Mills, Mike McClemans, Dean Kattelmann, Tim Burns, Community Development Director Mike Struck, Planning and Zoning Administrator Dan Hanson, and others. Item #1 – (Pierce/Gregg) Motion to approve the minutes from the September 2, 2014 meeting. All present voted aye. MOTION CARRIED. Item #2 – Bailey requested removing item #7, Vision 2020 Update, and moving it to a special meeting on October 16th. (Heuton/Tornquist) Motion to approve the amended agenda. All present voted aye. MOTION CARRIED. Item #3a – Sunny Ridge Inc has submitted a Final Plat of Lot 7B and 7C, Block 11, McClemans Addition. Item #3b -Sioux Empire Development Corporation has submitted a Final Plat of Lots 4-9, Block 6; and Lots 6-8, Block 7, Timberline Addition. Item #3c -M LLC, has submitted a Final Plat of Lots 10, 14A, and 15-18, Block 4, Moriarty Heights Addition. (Pierce/Tornquist) Motion to approve the Final Plats contingent upon utility and drainage easements. All present voted aye. MOTION CARRIED. Item #4 -SDSU has submitted a petition to vacate that portion of 9th Street located between 9th Avenue and Medary Avenue. (Heuton/Fargen) Motion to approve the vacation as presented. Drew, Fargen, Gregg, Heuton, Pierce, Tornquist and Bailey voted aye. DeKraai voted no. MOTION CARRIED. Item #5 -Dean B. Christie, Authorized Representative of the Christie Family Trust, has submitted a petition to rezone a portion of the W1/2 of the Christie Heights Addition in the SW ¼ of the NW ¼ of Section 2- T109N-R50W from a Residence R-1B District to a Residence R-1C District. (Gregg/Drew) Motion to approve the rezoning as presented. All present voted aye. MOTION CARRIED. Item #6 -John H. Mills has submitted a petition to rezone R’Surene Morgan Farm Addition in the NW ¼ of the NW ¼ of Section 6-T109N-R49W from a Residence R-3A District to a Business B-3 District. (Tornquist/Pierce) Motion to approve the rezoning as presented. All present voted aye. MOTION CARRIED. The meeting was adjourned. _______________________________________________ Dan Hanson, Secretary Hal Bailey, Chairperson Planning & Zoning Administrator Planning Commission Brookings, South Dakota October 7, 2014 OFFICIAL SUMMARY Chairperson Hal Bailey called the regular meeting of the City Planning Commission to order on Tuesday, October 7, 2014 at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members present were Donna DeKraai, James Drew, Greg Fargen, Alan Gregg, Alan Heuton, Lee Ann Pierce, Kristi Tornquist, and Bailey. Absent was Cameron. Also present were Jacob Mills, Mike McClemans, Dean Kattelmann, Tim Burns, Community Development Director Mike Struck, Planning and Zoning Administrator Dan Hanson, and others. Item #3a – Hanson noted that 5 feet was added to the east end of Lot 7A so that Lots 7B and 7C would be in-line with the rear lot line of Lot 6A. Item #3b – This plat matches the preliminary plat that was approved earlier this year. Items #3c – This plat matches the preliminary plat approved in 2008. Lot 14A is a replat of Lot 14 due to the location of a storm sewer pipe under lot 15. Items #4 – Hanson stated the street vacation involved ½ block of 9 th Street, west of Medary Avenue. SDSU was the sole owner of the properties on the north and south sides of the street. This portion of 9 th Street extended from Medary Avenue to 6th Avenue. Ninth Street was a local residential street with low traffic counts and most traffic traveling east on 9 th Street to Medary Avenue would originate primarily from properties between 6th Avenue and 9th Avenue. Mike McClemans, a concerned citizen, asked if a turn-around would be provided. Hanson remarked that the redevelopment plans that he had seen indicated a turn-around near the alley. Dean Kattelmann, representing SDSU, stated a turn-around was in the plans. DeKraai was concerned about how the street vacation would impact traffic patterns in the neighborhood. She felt the neighborhood was an historic part of the city and the street vacation would negatively affect it. Items #5 – Hanson noted the rezoning involved 5 preliminarily platted lots along Western Avenue. The proposed R-1C District zoning would retain the same types of permitted uses as the current R-1B District but slightly increase the units per acre density since the minimum lot area would be reduced from 10,000 square feet to 7,500 square feet. This would allow for the addition of two more lots. Items #6 - Hanson stated that the rezoning proposal involved a large tract of land that currently contained several uses. The land had originally been part of a large mobile home park project that began in the 1970s. Later on, the land was platted off and sold. The parcel was annexed into the city in 2012. The Edgebrook Golf Course was located north of the property, a single-family residence and mobile park were across 22 nd Avenue to the west, and a mobile home park was to the south and east. Heuton asked why the request was for a Business B-3 District rather than a B-2 District. He felt a temporary storage use, which was allowed in the B-3, would not be a good fit near the streets. Jacob Mills, representing John Mills, stated the B-3 District would allow a current use to come into conformance with zoning. He added that a temporary storage facility was contemplated but the use would be on the south or east side of the parcel and not along any rights-of-way. These areas would be reserved for general retail uses. He also noted that some uses were conditional uses in the B-2 but permitted in the B-3. He preferred not to have to come back later with another application. Pierce asked if the golf course would be impacted negatively by this commercial zoning. Hanson responded that courses are often near commercial areas but it does not seem to impact them since they are a daytime use only. The meeting was adjourned. ________________________________________________ Dan Hanson, Secretary Hal Bailey, Chairperson Planning & Zoning Administrator Sec. 94-125.5 RESIDENCE R-1C SINGLE-FAMILY (a) Intent.This district is intended to provide for areas of residential use with a gross density of approximately six dwelling units per acre or less. The district permits single- family dwellings and supportive community facilities such as parks, playgrounds, schools, and churches. (b) Scope of 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 Residence R-1C Single-Family District. (c) Permitted Uses.Single-family dwelling including accessory uses incidental thereto such as private garages, parking areas, etc. (d) Permitted Special Uses. A building or premises may be used for the following purposes in conformance with conditions prescribed herein: 1. All permitted special uses and conditions as stated in Section 94-124(d) (R-1A). 2. Private school of general instruction. a. One of the frontages of the premises shall abut upon an arterial or collector street. 3. Family day care. a. Restricted to 12 or less children at any one time. (e) Conditional Uses. 1. Retirement or nursing home 2. Two family dwelling 3. Group home 4. Major home occupation 5. Public recreation facility 6. Bed and breakfast establishment (f) Density, Area, Yard and Height Regulations. The R-1C District regulations shall be as follows: Per Min Min Min Min Min Max Unit Lot Lot Front Side Rear Hgt Density Area Width Yard Yard Yard Sq.Ft.Sq.Ft. Single-Family 7,500 7,500 50'25'7'25'35' Two-Family 5,625 11,250 75'25'7'25'35' Other Allowable Uses 10,000 75'25'10'25'35' Density per family requirements shall not apply to dormitories, fraternities, sororities, nursing homes or other similar group quarters where no cooking facilities are provided in individual rooms (g) Accessory Uses. Accessory uses and building permitted in the R-1C District are buildings and uses customarily incidental to any of the permitted uses in the district. (h) Parking Regulations. Parking, loading and stacking within the R-1C 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 R-1C 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 R-1C District shall be in conformance with the regulations set forth in article II of this chapter 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 14-025,Version:1 Public hearing and action on Ordinance 14-025, rezoning R'Surene Morgan Farm Addition from a Residence R-3A District to a Business B-3 District. Summary: Rezone a large single tract of land for “heavy” business uses. Background: This acreage contains an old farmsite, mobile home “park”, pole building, shelterbelt, and hay land. The house next to the shelterbelt has existed in the northwest corner for many decades. Four mobile homes were established east of the shelterbelt in 1968 and the pole building was constructed in the 1980s. The entire quarter-section of land was under single ownership in the late 1960s. The owner established the Western Estates Mobile Home Park in 1970 and lived in the former farmhouse. There were plans to create a much larger park at that time but that never materialized. In 1976, Brookings County adopted a Comprehensive Plan and Zoning Ordinance. This quarter-section of land was zoned by the county to a Residence R-3A District to create a conforming use. Surrounding land uses include Edgebrook Golf Course to the north, a single-family residence and mobile home park to the west, and a mobile home park to the south and east. In 1979, the owner platted the northwest corner as the R’Surene Morgan Farm Addition. Both the mobile home park and new subdivision were later sold. The owners of the Western Estates Mobile Home Park annexed in 2003 and the R’Surene Morgan Farm Addition was annexed in 2012. Specifics: The area proposed for rezoning contains 17.54 acres. Twenty-second Avenue South and 20th Street South are adjacent to the parcel on the west and north sides, respectively, and both are classified as arterial streets. The parcel is bordered on the south and east by mature conifers and deciduous trees. A commercial rezoning of this parcel would require a 50 foot landscape perimeter be established next to any residential district boundary line. The Vision 2020 Comprehensive Plan promotes commercial clusters at major intersections in the south part of Brookings. The northwest quadrant of the 22nd Ave So./20th St. So. intersection was zoned for commercial uses based on the Plan recommendations. This parcel contains 5.5 acres. The parcel in the southwest quadrant contains an isolated single-family dwelling on 1.5 acres. This property could also see a commercial redevelopment proposal in the future. Fiscal Impact: None Recommendation: The Planning Commission voted 8 yes and 0 no to recommend approval of the proposed rezoning. City of Brookings Printed on 10/30/2014Page 1 of 2 powered by Legistar™ File #:ORD 14-025,Version:1 Attachments: Ordinance 14-025 Hearing Notice: Mills rezone R’Surene 10-2014 10/7/2014 Planning Commission Minutes Rezone Map Excerpt Aerial Map Business B-3 Regulations 2013 City of Brookings Printed on 10/30/2014Page 2 of 2 powered by Legistar™ C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@FC0565AC\@BCL@FC0565AC.doc Ordinance No. 14-025 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: R’Surene Morgan Farm Addition in the NW ¼ of the NW ¼ of Section 6-T109N-R49W be and the same is hereby rezoned and reclassified from a Residence R-3A District to a Business B-3 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 No. 17- 13 of the City of Brookings, South Dakota. Section 3. All sections and ordinances in conflict herewith are hereby repealed. First Reading:October 28, 2014 Second Reading and Adoption: Published: CITY OF BROOKINGS ________________________ Tim Reed, Mayor ATTEST: _________________________ Shari Thornes, City Clerk C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@1C05A474\@BCL@1C05A474.doc 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 John H. Mills has submitted a petition to rezone the following described real estate in the City of Brookings, in Brookings County, South Dakota: R’Surene Morgan Farm Addition in the NW ¼ of the NW ¼ of Section 6- T109N-R49W from a Residence R-3A District to a Business B-3 District. NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, October 7, 2014, in the Chambers Room on the third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 26th day of September 2014. ____________________________ Dan Hanson Planning & Zoning Administrator Planning Commission Brookings, South Dakota October 7, 2014 OFFICIAL MINUTES Chairperson Hal Bailey called the regular meeting of the City Planning Commission to order on Tuesday, October 7, 2014 at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members present were Donna DeKraai, James Drew, Greg Fargen, Alan Gregg, Alan Heuton, Lee Ann Pierce, Kristi Tornquist, and Bailey. Absent was Cameron. Also present were Jacob Mills, Mike McClemans, Dean Kattelmann, Tim Burns, Community Development Director Mike Struck, Planning and Zoning Administrator Dan Hanson, and others. Item #1 – (Pierce/Gregg) Motion to approve the minutes from the September 2, 2014 meeting. All present voted aye. MOTION CARRIED. Item #2 – Bailey requested removing item #7, Vision 2020 Update, and moving it to a special meeting on October 16th. (Heuton/Tornquist) Motion to approve the amended agenda. All present voted aye. MOTION CARRIED. Item #3a – Sunny Ridge Inc has submitted a Final Plat of Lot 7B and 7C, Block 11, McClemans Addition. Item #3b -Sioux Empire Development Corporation has submitted a Final Plat of Lots 4-9, Block 6; and Lots 6-8, Block 7, Timberline Addition. Item #3c -M LLC, has submitted a Final Plat of Lots 10, 14A, and 15-18, Block 4, Moriarty Heights Addition. (Pierce/Tornquist) Motion to approve the Final Plats contingent upon utility and drainage easements. All present voted aye. MOTION CARRIED. Item #4 -SDSU has submitted a petition to vacate that portion of 9th Street located between 9th Avenue and Medary Avenue. (Heuton/Fargen) Motion to approve the vacation as presented. Drew, Fargen, Gregg, Heuton, Pierce, Tornquist and Bailey voted aye. DeKraai voted no. MOTION CARRIED. Item #5 -Dean B. Christie, Authorized Representative of the Christie Family Trust, has submitted a petition to rezone a portion of the W1/2 of the Christie Heights Addition in the SW ¼ of the NW ¼ of Section 2- T109N-R50W from a Residence R-1B District to a Residence R-1C District. (Gregg/Drew) Motion to approve the rezoning as presented. All present voted aye. MOTION CARRIED. Item #6 -John H. Mills has submitted a petition to rezone R’Surene Morgan Farm Addition in the NW ¼ of the NW ¼ of Section 6-T109N-R49W from a Residence R-3A District to a Business B-3 District. (Tornquist/Pierce) Motion to approve the rezoning as presented. All present voted aye. MOTION CARRIED. The meeting was adjourned. _______________________________________________ Dan Hanson, Secretary Hal Bailey, Chairperson Planning & Zoning Administrator Planning Commission Brookings, South Dakota October 7, 2014 OFFICIAL SUMMARY Chairperson Hal Bailey called the regular meeting of the City Planning Commission to order on Tuesday, October 7, 2014 at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members present were Donna DeKraai, James Drew, Greg Fargen, Alan Gregg, Alan Heuton, Lee Ann Pierce, Kristi Tornquist, and Bailey. Absent was Cameron. Also present were Jacob Mills, Mike McClemans, Dean Kattelmann, Tim Burns, Community Development Director Mike Struck, Planning and Zoning Administrator Dan Hanson, and others. Item #3a – Hanson noted that 5 feet was added to the east end of Lot 7A so that Lots 7B and 7C would be in-line with the rear lot line of Lot 6A. Item #3b – This plat matches the preliminary plat that was approved earlier this year. Items #3c – This plat matches the preliminary plat approved in 2008. Lot 14A is a replat of Lot 14 due to the location of a storm sewer pipe under lot 15. Items #4 – Hanson stated the street vacation involved ½ block of 9 th Street, west of Medary Avenue. SDSU was the sole owner of the properties on the north and south sides of the street. This portion of 9 th Street extended from Medary Avenue to 6th Avenue. Ninth Street was a local residential street with low traffic counts and most traffic traveling east on 9 th Street to Medary Avenue would originate primarily from properties between 6th Avenue and 9th Avenue. Mike McClemans, a concerned citizen, asked if a turn-around would be provided. Hanson remarked that the redevelopment plans that he had seen indicated a turn-around near the alley. Dean Kattelmann, representing SDSU, stated a turn-around was in the plans. DeKraai was concerned about how the street vacation would impact traffic patterns in the neighborhood. She felt the neighborhood was an historic part of the city and the street vacation would negatively affect it. Items #5 – Hanson noted the rezoning involved 5 preliminarily platted lots along Western Avenue. The proposed R-1C District zoning would retain the same types of permitted uses as the current R-1B District but slightly increase the units per acre density since the minimum lot area would be reduced from 10,000 square feet to 7,500 square feet. This would allow for the addition of two more lots. Items #6 - Hanson stated that the rezoning proposal involved a large tract of land that currently contained several uses. The land had originally been part of a large mobile home park project that began in the 1970s. Later on, the land was platted off and sold. The parcel was annexed into the city in 2012. The Edgebrook Golf Course was located north of the property, a single-family residence and mobile park were across 22 nd Avenue to the west, and a mobile home park was to the south and east. Heuton asked why the request was for a Business B-3 District rather than a B-2 District. He felt a temporary storage use, which was allowed in the B-3, would not be a good fit near the streets. Jacob Mills, representing John Mills, stated the B-3 District would allow a current use to come into conformance with zoning. He added that a temporary storage facility was contemplated but the use would be on the south or east side of the parcel and not along any rights-of-way. These areas would be reserved for general retail uses. He also noted that some uses were conditional uses in the B-2 but permitted in the B-3. He preferred not to have to come back later with another application. Pierce asked if the golf course would be impacted negatively by this commercial zoning. Hanson responded that courses are often near commercial areas but it does not seem to impact them since they are a daytime use only. The meeting was adjourned. ________________________________________________ Dan Hanson, Secretary Hal Bailey, Chairperson Planning & Zoning Administrator Sec. 94-134. BUSINESS B-3 HEAVY DISTRICT. (a) Intent. This district is intended to provide for a wide variety of retail services. This district will include commercial uses requiring large land areas, extensive retail operations, and outdoor display of merchandise. Inventory and material storage shall be screened. (b) Scope of Regulations. The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the district regulations of the Business B-3 Heavy District. (c) Permitted Uses. 1. Retail or service store 2. Personal service store 3. Financial services 4. Public transportation facility 5. Public utility facility 6. Parking facility or lot 7. Grocery supermarket 8. Drive-in food service 9. Gas dispensing station 10. Animal hospital 11. Car wash 12. Indoor or outdoor recreational facility 13. Temporary storage facility 14. Automobile sales 15. Office building 16. Roadside stand 17. Drinking Establishment 18. Telecommunications Towers 19. Emergency services 20. Personal health services (d) Permitted Special Uses. A building or premises may be used for the following purposes in conformance with the conditions prescribed herein: 1. Outdoor sales a. Used parts and other material storage shall be screened from adjoining property. 2. Wholesale trade with warehousing and storage a. All inventory shall be stored within a completely enclosed building. 3. Lumberyard a. The lumber storage area shall be at the rear of the building and screened from any arterial street or residential district. b. Seasonal outdoor displays shall not reduce the number of parking spaces on the lot below the minimum requirements. 4. Nursery or greenhouse a. Any land used to grow flowers, shrubs or trees shall not be located within 50 feet of an arterial street. 5. Reverse vending machine a. A trash receptacle shall be provided on-site. 6. Automobile service station a. No fuel delivery pump shall be located within twenty feet (20') of any side lot line or right-of-way line. No fuel pump shall be located within fifty feet (50') of the side or rear lot line abutting a residential district. b. All repair work shall be done within a completely enclosed building. c. All used automobile parts and dismantled vehicles shall be screened from adjacent property. 7. Citizen's drop-off for recyclables a. No container shall be located within 100 feet of a residential district. 8. Motor vehicle repair shop a. All repair work shall be done within a completely enclosed building. b. All used automobile parts and dismantled vehicles shall be screened from adjacent property. 9. Motel or hotel a. A minimum lot area of 1,000 square feet shall be provided for each sleeping room or suite. 10. Equipment rental store a. An on-premises pickup and drop-off area shall be provided b. Outdoor displays shall not reduce the number of required parking spaces on the lot below the minimum requirements. 11. Auction house a. An on-premise pickup and drop-off area shall be provided b. Outdoor displays shall not reduce the number of required parking spaces on the lot below the minimum requirements. 12. Semi-trailer storage a. Storage shall not be permitted in the minimum front yard setback. 13. Extended stay motel. a. A minimum lot area of 1,000 square feet shall be provided for each sleeping room or suite. 14. 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. 15. Microbrewery. a. The production of malt beverages shall be limited to 15,000 barrels per year or less. b. A malt beverage manufacturer's license must be obtained per State law. c. All grain shipments and spent grain shall be contained within a completely enclosed building. 16. Contractor’s shop. a. All equipment and materials shall be contained within a completely enclosed building. 17. Farm/feed store. a. No retail sale items in bulk form shall be permitted as outside display. b. All outside retail items shall only be displayed adjacent to the building. (e) Conditional Uses. 1. Assembling and packaging 2. Freight handling 3. Manufacturing, light 4. Mixed business/residential use 5. Contractors shop and storage yard 6. Buy back center for recyclables 7. Household hazardous waste site 8. Light processing facility 9. Transfer site for recyclables 10. Day care facility 11. Kennel 12. Truck and trailer rentals 13. Farm Implement Sales 14. Telecommunications tower (f) Density, Area, Yard and Height Regulations. The B-3 district regulations shall be as follows: Min.Min.Min.Min.Min.Max. Lot Lot Front Side Rear Height Density Area Width Yard Yard Yard Sq.Ft.Sq.Ft. All Uses --20'-*20'*45' *A fifty foot (50') landscaped area shall be required between an abutting residential district boundary line and any structure, access drive, parking lot or other accessory use. (g) Accessory Uses. Accessory uses and building permitted in the B-3 District are buildings and uses customarily incidental to any of the permitted uses in the district. (h) Parking Regulations. Parking, loading and stacking within the B-3 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-3 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-3 District shall be in conformance with the regulations set forth in article II of this chapter.