HomeMy WebLinkAbout2012_10_23 CC PKT1
Brookings City Council
Tuesday, October 23, 2012
6:00 p.m. Regular Meeting
Brookings City & County Government Center
Chambers - Room 310 - 520 Third Street
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 p.m. REGULAR MEETING
1. Call to order.
2. Pledge of Allegiance.
3. Record of Council Attendance.
4. Action to approve the following Consent Agenda Items:*
A. Action to approve the agenda.
B. Action to approve minutes.
C. Action on Resolution No. 143-12, a Resolution authorizing Change Order No. 1
(CCO#1) for 2012-05SSI, Camelot Square Drainage Improvement Project (under
$5,000).
D. Action on Resolution No. 144-12, a Resolution authorizing signatory on Grant
Agreement and to Certify Payment Request (Solid Waste Management Program).
Action: Motion to Approve, Request Public Comment, Roll Call
5. Items removed from Consent Agenda.
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.
Open Forum/Presentations/Reports
6. Open Forum.
7. SDSU Student Senate Report.
October 23, 2012
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Contracts & Change Orders
First Readings**
8. Ordinance No. 26-12, an Ordinance rezoning Blocks 3, 4, 5, 6, and 8, excluding Lots 1A
and 5 of Block 8, Wiese Addition, from a Business B-4 and B-5 District to a Planned
Development District.
Public hearing: November 13th
**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.
Second Readings & Public Hearings
9. TABLED ITEM: Public hearing and action on Ordinance No. 25-12, an Ordinance
amending the Zoning Ordinance pertaining to the Conditional Use Permit process.
Action: Motion to Remove from Table, Continue Public Hearing, Roll Call
Other Business
10. Action on Resolution No. 145-12, a Resolution authorizing the Execution of Real Estate
Agreements of Sale (land for Airport Project).
Action: Motion to Approve, Request Public Comment, Roll Call
11. Presentation of Quarterly Financial Report by Brookings Health Systems.
Action: Informational
12. Discussion regarding proposed new service by Brookings Municipal Utilities.
Action: Informational
13. 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.
14. Executive Session for purposes of consulting with legal counsel about contractual
matters.
Action: Motion to enter executive session – voice vote
Motion to leave executive session – voice vote
15. Adjourn.
Brookings City Council
Tim Reed, Mayor, Keith Corbett, Deputy Mayor & Council Member
Council Members Tom Bezdichek, Jael Thorpe, John Kubal, Mike McClemans, 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.
October 23, 2012
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CONSENT AGENDA #4
4. Action to approve the following Consent Agenda Items:*
A. Action to approve the agenda.
B. Action to approve minutes.
C. Action on Resolution No. 143-12, a Resolution authorizing Change
Order No. 1 (CCO#1) for 2012-05SSI, Camelot Square Drainage
Improvement Project (under $5,000).
D. Action on Resolution No. 144-12, a Resolution authorizing signatory
on Grant Agreement and to Certify Payment Request. (Solid Waste
Management Program)
*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.
Action: Motion to Approve, Request Public Comment, Roll Call
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CONSENT AGENDA #4
B. Action to approve minutes.
The draft October 9th Brookings City Council minutes are enclosed for Council review
and approval.
October 23, 2012
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Brookings City Council
October 9, 2012 (unapproved)
The Brookings City Council held a meeting on Tuesday, October 9, 2012 at 6:00 p.m., at City Hall
with the following members present: Mayor Tim Reed, Council Members Jael Thorpe, John
Kubal, Mike McClemans, Tom Bezdichek, Ope Niemeyer and Keith Corbett. City Attorney Steve
Britzman, Acting City Manager Jackie Lanning and Deputy City Clerk Bonnie Foster were also
present.
Consent Agenda. A motion was made by Kubal, seconded by Corbett, to approve the consent
agenda.
a. Action to approve the agenda.
b. Action to approve September 25th Council meeting minutes.
c. Action on volunteer appointments: Business Improvement District #1 Board: Jill Kosbau
(filling unexpired term: 10/9/2012-1/1/2014) Swiftel Center Advisory Committee: Jennifer
Johnson (filling unexpired term: 10/9/2012-1/1/2013).
d. Action to cancel the October 16th Council Study Session.
e. Action on Resolution No. 137-12, a Resolution declaring surplus property: 1997 Dodge
Grand Caravan.
Resolution No. 137-12 - Declaring Surplus Property – 1997 Dodge Grand Caravan
Whereas, the City of Brookings is the owner of the following described vehicle formerly
used by the City of Brookings motor pool and engineering departments: One (1) 1997
Dodge Grand Caravan, VIN Number 2B4GP2438VR249991.
Whereas, in the best financial interest, it is the desire of the City of Brookings to sell same
as surplus property;
Whereas, the City Manager hereby authorized to sell said surplus property.
Now, Therefore, Be It Resolved by the governing body of the City of Brookings, South
Dakota, that this property be declared surplus property according to SDCL Chapter 6-13.
f. Action on Resolution No. 138-12, a Resolution concurring in the placements of Stop Signs
at the intersection of Daktronics Drive and Prince Drive.
Resolution No. 138-12 - Concurring in the Placement of Stop Signs at the Intersection of
Daktronics Drive and Prince Drive
Whereas, Section 82-373 of the Revised Ordinance of the City of Brookings, provides for
approval by the City Council for placement of stop signs in locations other than along
through streets.
Now, Therefore, Be It Resolved that the City Council concurs in the recommendation of the
Traffic Safety Committee and the City Manager and approves the placement of stop signs at
the intersection of Daktronics Drive and Prince Drive.
On the motion, all present voted yes; motion carried.
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Resolution No. 139-12. A motion was made by Kubal, seconded by McClemans, to approve
Resolution No. 139-12, a Resolution awarding snow removal contracts. All present voted yes;
motion carried.
Resolution No. 139-12 - Resolution Awarding Snow Removal Equipment Contracts
Whereas, the City of Brookings opened bids for Snow Removal Equipment on Tuesday,
October 2, 2012 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 Motorgraders with Wings: Only one bid received for one motorgrader. VJ Ahlers
Excavating Inc, Champion 730A, $125/hour; One 3-6 Yard Loader: Winter Inc., CAT 938,
$115.00/hour; Two Loaders with Reversible Blades: Concrete Contractors, Inc., WA 250 and WA
320, $175.00/hour, and Prunty Construction Co., JD624H, $192.50/hour; Eight End-Dump
Trucks: VJ Ahlers Excavating Inc., #2, $125.00/hour; VJ Ahlers Excavating Inc., #5, $115.00/hour;
Prunty Construction Co., #28 and #29, $112.50/hour/each; Prussman Contracting Inc., #22, and
#23, $109.00/each/hour; Prussman Contracting Inc., #20, $111.00/hour; Prussman Contracting
Inc., #21, $110.00/hour; Winter Inc., #11 and #12, $99.00/each/hour; Concrete Contractors Inc.,
#320 and #321, $125.00/each/hour.
Now Therefore, Be It Resolved the following bids be accepted: Three Motorgraders with
Wings: Only one bid received for one motorgrader. VJ Ahlers Excavating Inc, Champion 730A,
$125/hour; One (1) 3- to 6-Yard Loader: Winter, Inc., CAT 938, $115.00/hour. Two (2) Loaders
with Reversible Blades: Concrete Contractors, Inc., WA 250 and WA 320, $175.00/each/hour.
Eight (8) End-Dump Trucks: V.J. Ahlers Excavating, Inc., #2, $125.00/hour; VJ Ahlers Excavating
Inc, #5, $115.00/hour; Prussman Contracting Inc., #22, and #23, $109.00/each/hour; Prussman
Contracting Inc., #20, $111.00/hour; Prussman Contracting Inc., #21, $110.00/hour; and Winter
Inc., #11 and #12, $99.00/ each/hour.
Resolution No. 140-12. A motion was made by Corbett, seconded by McClemans, to approve
Resolution No. 140-12, a Resolution awarding contracts for 2012-01 Gateway Project;
pedestrian, pathway, lighting, and landscaping. All present voted yes; motion carried.
Resolution No. 140-12 - Resolution Awarding Bids on 2012-01 Gateway Project
Whereas, the City of Brookings opened bids for 2012-01 Gateway Project on Tuesday,
September 25, 2012 at 1:30 pm at Brookings City & County Government Center; and
Whereas, the City of Brookings has received the following bids for 2012-01 Gateway Project:
Timmons Construction, Inc., Brookings, SD $165,930.00; Westmar Construction, Tea, SD
$176,250.00; Clark Drew Construction, Inc., Brookings, SD $172,050.00.
Now Therefore, Be It Resolved that the low bid of $165,930.00 for Timmons Construction.,
Brookings, SD be accepted.
Resolution No. 141-12. A motion was made by Niemeyer, seconded by Thorpe, to approve
Resolution No. 141-12, a Resolution authorizing Change Order No. 1 (CCO #1 Final) for 2012-
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03SSI Nelson 5th Addition Detention Pond Project (over $5,000). All present voted yes; motion
carried.
Resolution No. 141–12 - Resolution Authorizing Change Order No. 1 (CCO#1 Final) for
2012-03SSI North Nelson Storm Water Detention Pond Project
Be It Resolved by the City Council that the following change order be allowed for 2012-03SSI
North Nelson Storm Water Detention Pond Project: Construction Change Order Number 1
(Final): Adjust plan quantities to as-built quantities for an increase of $10,114.95 to close out
the project, contingent upon SDDENR concurrence.
On-Off Sale Malt License. A public hearing was held on an On-Off Sale Malt Beverage License
for Rian Corp., dba Italian Garden, Kharul Hogue, owner, 1300 Main Avenue South, Brookings,
South Dakota, legal description: Lot 1, excluding the S 92’ of W 40’ Block 3, Fishback Second
carried. A motion was made by Kubal, seconded by Corbett, to approve. All present voted yes;
motion carried.
Resolution No. 142-12: On-Off Sale Wine License. A public hearing was held on Resolution No.
142-12, a Resolution authorizing the City Manager to enter into an Operating Agreement for an
On-Off Sale Wine License for Rian Corp., dba Italian Garden, Kharul Hogue, owner, 1300 Main
Avenue South, Brookings, South Dakota, legal description: Lot 1, excluding the S 92’ of W 40’
Block 3, Fishback Second Addition. A motion was made by Kubal, seconded by Thorpe, to
approve Resolution No. 142-12. All present voted yes; motion carried.
Resolution No. 142-12 - Rian Corp., dba Italian Garden - Wine Operating Agreement
Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a
Lease Agreement for the Operating Liquor Management Agreement for wine between the City
of Brookings and Rian Corp., dba Italian Garden., for the purpose of a liquor manager to
operate the on-sale establishment or business for and on behalf of the City of Brookings at
1300 Main Avenue South.
Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf
of the City, which shall be for a period of five (5) years and renewal for another five (5) years.
Ordinance No. 24-12. A public hearing was held on Ordinance No. 24-12, an Ordinance
rezoning the east 25 feet of Lots 4 and 5, Block 1, Original Plat Addition from a Business B-3
District to a Business B-1 District (426 3rd Street-southwest corner of 3rd St. and 5th Ave.). A
motion was made by Kubal, seconded by McClemans, to approve. All present voted yes;
motion carried.
Ordinance No. 25-12. A public hearing was held on Ordinance No. 25-12, an Ordinance
amending the Zoning Ordinance pertaining to the Conditional Use Permit process. Public
comment: Les Rowland, Chair of the Brookings Historic Preservation Commission; Pat Fishback.
A motion was made by Bezdichek, seconded by Niemeyer, to approve Ordinance No. 25-12. A
motion was made by Reed, seconded by Corbett, to table to the October 23rd council meeting.
All present voted yes, except Thorpe voted no; motion carried.
October 23, 2012
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City Council member introduction of topics for future discussion. A motion was made by
Kubal, seconded by Corbett to add to the next council meeting, to discuss an ordinance
prohibiting texting while driving within the city limits of Brookings. All present voted yes,
except Thorpe voted no; motion carried.
A motion was made by McClemans seconded by Niemeyer to have a discussion on Tax
Increment Financing at the November Study Session. All present voted yes; motion carried.
Adjourn. A motion was made by Kubal, seconded by Corbett, to adjourn. All present voted
yes; motion carried. Meeting adjourned at 6:55 p.m.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
October 23, 2012
City of Brookings
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CONSENT AGENDA #4
C. Action on Resolution No. 143-12, a Resolution authorizing Change Order
No. 1 (CCO#1) for 2012-05SSI, Camelot Square Drainage Improvement
Project (under $5,000).
The Camelot Square Drainage Improvement Project was designed by Civil Design Inc.
and entails installing new storm sewer, channel grading, valley gutter and street and
sidewalk repairs in the drainage basin from the Hammond and Horner Avenues of the
Fairgrounds Addition through Camelot Square Addition, down to 15th Street South. This
project is being funded with a loan from the South Dakota Department of Environment
and Natural Resources which will be paid back with storm drainage fees.
This change order is for an additional 8” x 4” Pipe Wye which was needed to lower an
additional sanitary sewer service that was not in the plan design and for additional
select trench backfill which was needed for the storm sewer trench near Pactola Cove.
This change order is an increase of $1,590.00 to the contract. The project summary is as
follows:
Original Contract Price: $1,715,775.43
Increase from Previous Change Orders: $ 0.00
Contract Price Prior to this Change Order: $1,715,775.43
Increase of this Change Order (No. 1): $ 1,590.00
Contract Price incorporating this Change Order: $1,717,365.43
This resolution will approve Change Order No. 1 (CCO #1) for an increase of $1,512.50 to
the contract.
Resolution No. 143–12
Resolution Authorizing Change Order No. 1 (CCO#1) for
2012-05SSI, Camelot Square Drainage Improvement Project
Be It Resolved by the City Council that the following change order be allowed for 2012-04SSI,
Camelot Square Drainage Improvement Project:
Construction Change Order Number 1: Adjust contract for the addition of one 8” x 4”
Pipe Wye and additional select trench backfill for a total increase of $1,590.00 to the
contract.
Passed and approved this 23rd day of October 2012.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
October 23, 2012
City of Brookings
10
CONSENT AGENDA #4
D. Action on Resolution No. 144-12, a Resolution authorizing signatory on
Grant Agreement and to Certify Payment Request. (Solid Waste
Management Program)
The City of Brookings applied for a Solid Waste Management Program Grant from the
South Dakota Department of Environment and Natural Resources to assist with the
standardization of the curbside recycling collection. The City received notification from
the Board of Water and Natural Resources the project was funded in the amount of
$155,500. As part of the grant program, the City needs to designate an authorized
representative to execute the grant agreement and certify and sign pay requests for
reimbursement from the grant. The attached resolution designates the Director of Solid
Waste Management as the authorized City representative. Resolution No. 68-12 had
previously authorized the Solid Waste Department to prepare and submit an application
for financial assistance. Staff Recommends Approval
Resolution No. 144-12
Resolution Authorizing Signatory on Grant Agreement and to Certify Payment Request
(Solid Waste Management Program)
Whereas, the City of Brookings applied for a Solid Waste Management Program grant for a standardized
recycling collection container and collection vehicle;
Whereas, the City of Brookings was awarded a grant from the South Dakota Department of Environment
and Natural Resources Solid Waste Management Program;
Whereas, it is necessary to designate an authorized representative to execute the grant agreement and
to certify and sign payment requests;
Now, Therefore, Be It Resolved By The City Of Brookings, SD:
That the City Council of Brookings does hereby designate the Director of Solid Waste Management as
the authorized representative of the City to do all things on its behalf to execute the grant agreement
and certify and sign payment requests for the curbside recycling collection project.
Adopted this 23rd day of October, 2012.
City of Brookings
________________________________
ATTEST: Tim Reed, Mayor
_________________________________
Shari Thornes, City Clerk
October 23, 2012
City of Brookings
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5. Items removed from Consent Agenda.
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.
October 23, 2012
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Open Forum/Presentations/Reports
6. Invitation for a Citizen to schedule time on the Council Agenda for an
issue not listed.
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.
7. SDSU Student Senate Report.
President – Jameson Berreth
Vice-President – Wyatt DeJong
Administrative Assistant – Mike McNalley
Finance Chair – Ben Ruggeberg
State & Local Chair – Jameson Goetz
SDSU Sent Website: http://www.sdstatesa.com/#!
October 23, 2012
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First Readings**
8. Ordinance No. 26-12, an Ordinance rezoning Blocks 3, 4, 5, 6, and 8,
excluding Lots 1A and 5 of Block 8, Wiese Addition, from a Business B-4
and B-5 District to a Planned Development District.
Public Hearing: November 13, 2012
** 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.
Legal: Blocks 3-6 and 8, excluding Lots 1A and 5 of Block 8, Wiese Addition
Proposal: Rezone several blocks in the Wiese Addition to a Planned Development
District (PDD)
Background: Except for the South Dakota Department of Transportation (SDDOT) shop,
development in the Wiese Addition began in 1993. The original plan was to establish the
Wiese Industrial Park with highway businesses fronting along Highway 14. This plan was
modified in the mid 1990s when the City decided to erect an events center and the
Research and Technology (R&T) Center. In July of 1997, much of the I-1 District was
rezoned to a Business B-4 District to accommodate the new plan. Shortly thereafter, the
ice arena was constructed north of the events center.
In the late 1990s, the SDDOT began looking for a new site for their shop. In order to
protect, aesthetically, one of our major gateways into the city, we requested that the
SDDOT land be rezoned to a PDD. This was accomplished in 2000. As you know, the
SDDOT did leave but never sold the property.
Another change occurred in 2003, when discussions focused on creating a business and
research park. As a result, land near I-29 was rezoned to a B-5 Planned Research and
Business District and a new zoning district was established in the zoning ordinance.
However, the university, city, and other entities began discussing a university based
research park at the same time, and eventually, the SDSU Innovation Campus Addition
was created. At this time, two (2) business oriented companies have located in the B-5
District, Capital Card Services and the South Dakota Newspaper Association.
Specifics: New development proposals around the Swiftel Center have caused us to
examine the flexibility of a Planned Development District zoning for the area. The maps
indicate the current and proposed PDD areas and the existing buildings. Several aerial
photographs and conceptual plans depict future street plans, general building plots, and
a conference center/hotel attached to the Swiftel Center. A PDD has been beneficial for
October 23, 2012
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mixed uses such as the Children’s Museum, 1921 Middle School building, Village Square
Addition, and the Old Sanctuary. As a developing entertainment venue and destination
point, a PDD could provide options for future uses around the Swiftel Center.
Recommendation: The Planning Commission voted 8 yes and 0 no to recommend
approval of the rezoning.
October 23, 2012
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Ordinance No. 26-12
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:
Blocks 3, 4, 5, 6, and 8, excluding Lots 1A and 5 of Block 8, Wiese Addition
be and the same is hereby rezoned and reclassified from a Business B-4 and B-5 District to a
Planned Development District
In accordance with Section 94-7 of Article I of Ordinance 25-02 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. 25-02 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. 25-02 of the City
of Brookings, South Dakota.
Section 3. All sections and ordinances in conflict herewith are hereby repealed.
First Reading October 23, 2012
Second Reading and Adoption
Published
CITY OF BROOKINGS
________________________
Tim Reed, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
October 23, 2012
City of Brookings
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Development History
DATE ACTION NOTES
1965 Building construction SDDOT Shop (in county)
1967 Annexation – South 700 feet
1991 Annexation – balance of ¼ section
3-1991 Rezoning – SW 1/4 of SE ¼ (SDDOT land) Ag & R-1A to I-1
3-1991 Rezoning – South 700 feet R-1A to B-4
4-1991 Preliminary Plat of SE ¼ excluding SDDOT land
4-1991 Plat – Blocks 1, 2, and 3 all except SDDOT land
4-1991 Rezoning – Block 3 Ag to I-1R
10-1993 Plat – Blocks 3-8 & Lot 1, Block 7 included 10th St. & 32nd Ave
ROWs
1993 Building Permit Midwest Micro-Tek
11-1993 I-1R Site Plan – Lot 1, Block 7 BEDC Spec Bldg
1-1997 I-1R Site Plan – Block 5 BMU Substation
1997 Building Permit Multi-plex Arena and County
Resource Center
1997 Building Permit R & T Center
4-1997 Plat – Lot 2, Block 7 GHP lot
6-1997 I-1R Site Plan – Lot 2, Block 7 GHP expansion
1997 Building Permit GHP
7-1997 Rezoning – Blocks 3-7 (excl. lots 1 & 2, Blk 7) I-1R to B-4
4-1999 I-1R Site Plan – Lot 2, Block 7 GHP expansion
4-1999 Building Permit GHP
2-2000 Street Vacation 10th Street
9-2000 Rezoning – SW ¼ of SE ¼; (SDDOT land) I-1 to PDD
4-2001 I-1R Site Plan – Lot 2, Block 7 GHP expansion
2001 Building Permit GHP
2001 Building Permit Larson Ice Center
4-2003 I-1R Site Plan – Lot 2, Block 7 GHP expansion
2003 Building Permit GHP
7-2003 Rezoning – Blocks 3 & 8 I-1 & I-1R to B-5
7-2003 Plat – Lot 1, Block 8 Capital Card lot
2003 Building Permit Capital Card Services
11-2005 Plat - Lot 2, Block 8 Capital Card lot
2005 Building Permit Capital Card expansion
12-2005 Plat – Lot 5, Block 8 SD Newspaper Assn. lot
10-2006 I-1R Site Plan – Lot 1, Block 7 Brookings Applied Tech. lot
2006 Building Permit Brookings Applied Tech.
(behind Midwest Micro-Tek)
2007 Building Permit SD Newspaper Assn.
5-2007 Plat – Block 9 SDDOT land
11-2011 Plat – Lot 1, Block 1 Whiskey Creek lot
9-2012 Plat – Lots 2 & 3, Block 1 Future business uses
October 23, 2012
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Mailing List
City of Brookings Larson Ice Arena c/o Pete Colson Brookings, SD 57006
R & T Center c/o Mike Struck Brookings, SD 57006
Swiftel Center c/o Tom Richter Brookings, SD 57006
County Offices c/o S. Ellwein Brookings, SD 57006
Capital Card Center 3101 Capital Street 500 60th St. North Sioux Falls, SD 57104
Newspaper Assoc. 1125 22nd Avenue 1125 22nd Avenue Brookings, SD 57006
Jeppeson, Inc. 1121 32nd Avenue 1000 32nd Avenue Brookings, SD 57006
bel brands USA, Inc. 1313 34th Avenue 811 32nd Avenue Brookings, SD 57006
Bkgs. Applied Tech. 1010 32nd Avenue 1010 32nd Avenue Brookings, SD 57006
Bkgs. Bio-Tech 1006 32nd Avenue 1006 32nd Avenue Brookings, SD 57006
Jeppesen, Inc. 1000 32nd Avenue 1000 32nd Avenue Brookings, SD 57006
Cooks Wastepaper 1026 34th Avenue 1026 34th Avenue Brookings, SD 57006
Waste Connections 1026 34th Avenue 2295 Iron Pt. Rd #220 Folsom, CA 95630
Telkamp Fam. Trust 2606 34th Avenue 2606 34th Avenue Brookings, SD 57006
B&R Arendsee, Inc. 728 34th Avenue 178 South Lake Dr. Arlington, SD 57212
Andrew Vrchota 716 34th Avenue 716 34th Avenue Brookings, SD 57006
Lester Clark 704 34th Avenue 704 34th Avenue Brookings, SD 57006
Prairieland Partners 621 32nd Avenue 5003 Bruce Avenue Edina, MN 55424
State of SD 3031 6th Street 700 E. Broadway Av Pierre, SD 57501
Wild West, Inc. 621 32nd Avenue PO Box 1630 Kearney, NE 68848
October 23, 2012
City of Brookings
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Planning Commission
Brookings, South Dakota
October 2, 2012
OFFICIAL MINUTES
Chairperson Wayne Avery called the regular meeting of the City Planning Commission to
order on Tuesday, October 2, 2012, at 5:30 PM in the Chambers Room on the third floor of the
City & County Government Center. Members present were Hal Bailey, Mike Cameron, Donna
DeKraai, Greg Fargen, Alan Gregg, Al Heuton, John Sydow, and Avery. Kristi Tornquist was
absent. Also present were Community Development Director Mike Struck and Planning and
Zoning Administrator Dan Hanson.
Item #3 – The City of Brookings has submitted a petition to rezone Blocks 3, 4, 5, 6, and 8,
excluding Lots 1A and 5 of Block 8, Wiese Addition from a Business B-4 and B-5 District to a
Planned Development District.
(Heuton/DeKraai) Motion to approve the rezoning. All present voted aye. MOTION
CARRIED.
SUMMARY OF DISCUSSION
Item #3 – Hanson summarized the development history of the Wiese Addition. Master plans
had been implemented since the early 1990s but were modified several times to accommodate
new proposals and concepts. Previous plans included an industrial park, a large highway
business district, and a business and research park.
The new proposal would create a large Planned Development District (PDD) that would
allow developers and the city to create a mix of uses. These uses would likely support the
existing entertainment venues in the area. The PDD was created to provide flexibility in the
design, function, and placement of new buildings.
Cameron asked if the PDD allowed for area regulation changes. Hanson replied yes.
Heuton preferred to recommend a PDD without stipulating a specific district as the underlying
zone. He felt this could be done at a later time in conjunction with a developer’s proposal. The
Planning Commission concurred.
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Sec. 94-163 PLANNED DEVELOPMENT DISTRICT
(a) Intent. It is the intent of this PDD planned development district to provide flexibility from
conventional zoning regulations with increased public review for Planned Development District
projects in order to:
1) Encourage well-planned, efficient urban development.
2) Allow a planned and coordinated mix of land uses which are compatible and
harmonious, but were previously discouraged by conventional zoning procedures.
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 spaces, or other desirable design features.
4) Improve communication and cooperation among the City of Brookings land developers
and interested residents in the urbanization of new lands and the renewal of existing
deteriorated areas.
(b) Scope of section provisions. The regulations set forth in this section are the district
regulations in the Planned Development District, hereafter sometimes referred to as "PDD".
(c) Compliance with the Master Plan. The development within the Planned Development
Districts (PDD) shall comply with the policies and design standards of the existing city Master
Plan. Said developments and adjacent projected developments shall be mutually compatible.
(d) Planned Development District. Zoning: Applications for a change of zoning to a Planned
Development District shall be subject to the requirements of Section 94-7.
(e) Initial Development Plan. A request for a rezoning to a Planned Development District shall
be accompanied by an initial development plan. Said plan shall be submitted at least twenty
(20) days prior to the Planning Commission meeting in which it is to be heard. The Planning
Commission shall review the initial development plan and forward its recommendation, with or
without modifications, to the City Council. The following information shall be specified on the
initial development plan:
1) Project name and legal description.
2) A preliminary subdivision plan in compliance with all applicable subdivision regulations.
3) The proposed development scheme showing the following information:
a. The proposed land uses including the number and type of proposed residential
buildings, the proposed number of dwelling units per building, the number and type
of any proposed nonresidential buildings, and their square footage.
b. The proposed maximum density of the development, which shall not exceed the
density allowed in the traditional zoning districts for similar uses. Where unique
physical, environmental or design characteristics exist or are proposed, lesser
densities may be desirable.
c. The proposed maximum height, which shall not be greater than those required in
the traditional zoning districts for similar uses. Where unique physical,
environmental or design characteristics exist or are proposed, lesser heights may be
desirable.
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d. Proposed design features illustrating compatibility with the surrounding
environment and neighborhood.
e. Anticipated sub-area development sequence.
(f) Final Development Plan. Prior to obtaining building permits for construction on any lots in
the PDD, a final development plan shall be submitted to the Planning Commission, which
shall have sole authority to approve, amend, or deny said plan. The final development plan
may be submitted in conjunction with the initial development plan for concurrent approval
on any sub-areas the developer is ready to commit to a final plan. All the information
required for both an initial and final development plan shall be shown for the areas
submitted for concurrent approval. The final development plan shall be a scaled,
reproducible drawing showing the following information:
1) The subdivision name, the legal description, and individual project name (if any).
2) Boundaries of any sub-area or sub-areas submitted for approval superimposed on the
map of the initial development plan.
3) A subdivision plan of the sub-area or sub-areas submitted for approval in compliance
with all applicable subdivision regulations.
4) The development standards for the area or sub-areas based on the requirements in one
or more of the traditional zoning districts.
5) The size, location and elevation of all proposed structures including height and number
of units.
6) The calculated floor area for each structure and each use within said structure.
7) Off-street parking lot arrangement designating all parking and stacking spaces, off-street
loading spaces, and any outdoor trash container space.
8) Any sidewalks, bikeways or other paths and any areas reserved for recreation activities
such as basketball and volleyball courts.
9) Any outdoor lighting type and location except for standard street lights provided by the
city.
10) A landscaping plan showing the type and location of any walls, fences or berms, the
placement, size, and species of any trees or shrubs, and areas that will be sod or seeded.
11) All existing and proposed utilities, drainage ways and watercourses.
12) All curb cuts and private drives.
13) Adjacent existing and proposed uses.
(g) Amendments. Requests for changes within a PDD shall be submitted as an overlay on
the initial or final development plan. Amendments shall be classified as follows:
1. Major Amendments: The following changes are considered major amendments:
a. Any change in the proposed use(s) of land or buildings.
b. A major change in the street plan.
c. An increase of twenty percent (20%) or more in the total density of the development.
2. Minor Amendments: The following changes are considered minor amendments:
a. Any adjustment in the dimensions of a building (length, width or height).
b. Any change in the number or location of access drives.
c. Any decrease in required landscape areas, buffer zones or other open areas.
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d. A minor change in the street plan.
e. Any increase of less than twenty percent (20%) in the density of any area or sub-area.
f. Any major change in the exterior design features of a building.
g. Any change in the size or location of signs.
3. Minimal amendments: The following changes are considered minimal amendments:
a. Any minor adjustment within a building which involves a more intensive use.
b. Any change in the location of outdoor lighting, sidewalks or bikeways, recreation
areas or loading docks.
(h) Procedure For Amendments. Amendments to the PDD shall be subject to the following
review procedures
1. Major amendments: Major amendments to the initial and/or final development plan
shall be required to be approved as an amendment to the Zoning Ordinance, requiring
the Planning Commission's review, the City Council’s approval, and public notice in
accordance with Section 94-7.
2. Minor amendments: Minor amendments to the initial and/or final development plan
shall be required to be approved by the Planning Commission at a hearing for which
notice has been published in a locally circulated newspaper at least one week prior to
the Planning Commission meeting. Minor amendments to the initial development plan
may also be made by the submission and approval of a final development plan which is
changed from the approved initial development plan.
3. Minimal amendments: Minimal amendments to the final development plan shall be
submitted to the zoning officer on a reproducible development plan showing the
requested changes. The zoning officer may then approve said changes in writing if they
deem it appropriate.
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Second Readings & Public Hearings
9. TABLED ITEM: Public hearing and action on Ordinance No. 25-12, an
Ordinance amending the Zoning Ordinance pertaining to the Conditional
Use Permit process.
October 9, 2012 Motion: A motion was made by Bezdichek, seconded by Niemeyer, to
approve Ordinance No. 25-12. A motion was made by Reed, seconded by Corbett, to
table to the October 23rd council meeting. All present voted yes, except Thorpe voted
no; motion carried.
To: Mayor and City Council
Jeff Weldon, City Manager
From: Mike Struck, Community Development Director
Re: Proposed Amendments to the Conditional Use Permit Process
The City of Brookings Zoning Ordinance defines a conditional use as a use which,
because of its unique or varying characteristics, cannot be properly classified as a
permitted use in a particular district. After due consideration, as provided in this
ordinance, of the impact of such use upon neighboring land and of the public need for
the particular use at a particular location, such conditional use may or may not be
granted. A conditional use permit is a permit issued by the City stating that a
conditional use complies with all conditions and standards set forth in this ordinance
and authorized by the respective authority. The Zoning Ordinance, in its entirety, can
be found in Chapter 94 of the Code of Ordinances located on the City’s webpage
www.cityofbrookings.org
Each zoning district contains a list of permitted uses, permitted special uses, and
conditional uses and each must meet the density, area, yard, height requirements,
parking, signage, and landscaping requirements for that particular zoning district unless
expressly modified by the Board of Adjustment. A conditional use must also meet the
minimum standards developed for a particular use and the Planning Commission and/or
City Council may specify additional requirements in their discretion that are pertinent to
the conditional use. The attached document, Conditional Use Data October 2012, lists
the conditional uses identified in the zoning ordinance by their respective zoning
districts as well as the minimum standards that must be met when being considered for
a conditional use. In addition, the Planning Commission and/or City Council have the
discretion to add additional requirements pertinent to the specific conditional use under
consideration.
South Dakota Codified Law provides the following guidance on authorizing a conditional
use permit:
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11-4-4.1. Ordinance authorizing conditional use of real property--Content--
Approval or disapproval of request. A municipal zoning ordinance adopted
pursuant to this chapter that authorizes a conditional use of real property shall
specify the approving authority, each category of conditional use requiring such
approval, the zoning districts in which a conditional use is available, and the
criteria for evaluating each conditional use. The approving authority shall
consider the stated criteria, the objectives of the comprehensive plan, and the
purpose of the zoning ordinance and its relevant zoning districts when making a
decision to approve or disapprove a conditional use request.
The statute provides flexibility by the municipality to determine the approving authority.
This is in part due to the wide variety of methods utilized by municipalities in the
conditional use process.
The proposed amendments to the conditional use process will streamline the process
for those conditional use applications which meet the requirements of the zoning
ordinance and have little to no adverse impacts on the neighborhood in which the use is
to be located. A review of the conditional use requests since 2010 revealed 80% of the
requests had no opposition or adverse impacts. The proposed amendment language
would have allowed these requests if approved by the planning commission to obtain a
conditional use permit five business days after the planning commission’s
determination. However, the current process extends out an additional eight weeks
when factoring in the first and second reading and twenty day referral period of the
ordinance. Staff reviewed the conditional use process to determine if there were areas
where the process could be more efficient, in particular for those requests in which no
opposition or adverse impacts are apparent.
For conditional uses in which there is opposition or adverse impacts, aggrieved parties
can appeal the decision of the Planning Commission to the City Council. An appeal
hearing would be scheduled at a regularly scheduled City Council meeting following
public notice and posting of signs on the property of the proposed conditional use.
In addition to streamlining the approval process, other proposed changes include adding
additional criteria for the site plan to aid in the decision making process, making the
posting of signs on the property for an appeal mandatory, and major and minor plan
amendments. Minor plan amendments are intended to allow applicants the
opportunity to make minimal changes to their site plan, which have no external impacts
on adjacent property. Major amendments would follow the normal public hearing
process.
The City Attorney reviewed the proposed amendments and offered the following
amendment to the appeal process:
Sec. 94-226.5 Appeal.
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The decision rendered by the Planning Commission on a conditional use permit
may be appealed to the City Council. To appeal the decision, the applicant, or
any interested party may file a written appeal with the Community Development
Department within five (5) working days of the decision. An interested party
includes any person having an interest in the decision of the Planning
Commission, including any agency of government or member of the City Council.
Questions or concerns raised at the October 9th City Council meeting centered on the
public comment period, appeal process, and historic preservation. The public notice
and hearing requirements remain the same for the Planning Commission. If an appeal
of the Planning Commission’s decision is not filed, the process concludes with a permit
issued five working days after the Planning Commission’s decision. If an appeal is filed,
then the public hearing process continues similar to the current status whereas notice is
published and a hearing is held at a regularly scheduled City Council meeting. There is a
small change in the signage postings for the City Council public hearing in which the
signs now become mandatory with a posting date of seven days immediately prior to
the public hearing. The previously language was permissive.
The second item of discussion involves the appeal process and who determines what is
considered “controversial.” Staff recommends the language of an aggrieved party or
applicant may file an appeal of the decision of the Planning Commission. This language
requires someone who has standing on the issue to initiate the appeal process rather
than staff making a determination.
The third item relates to comments concerning the ability of the Brookings Historic
Preservation Commission (BHPC) to review and comment on conditional uses. The
BHPC has the same opportunity as any interested party to comment on the conditional
use at the Planning Commission public hearing. Section 46-26 of the Code of
Ordinances is enclosed for your review:
Sec. 46-26. - Coordination with the planning commission, board of adjustment,
board of appeals and city departments. Comments to be given to State Historic
Preservation Office.
(a) The planning commission, the board of adjustment, the city building official
and city departments shall, through the city manager, notify the BHPC of
matters pertaining to property on the local register, the National Register of
Historic Places, and the state register of historic places. The BHPC shall be
given this notice about proposed work as soon as the matters pertaining to
property on the local, state and national registers are received by the
foregoing city officials.
(b) The BHPC shall then investigate and prepare its comments on the proposed
work. The BHPC's comments shall be considered and adopted at the BHPC
regular meeting unless the chair determines that a special meeting shall be
called. The BHPC shall promptly submit its comments to the city manager
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and to all affected departments so that the comments will be received prior
to the time a decision on proposed work is made by the city department.
(c) The city manager shall give timely notice to the BHPC of all projects on which
review by the state historic preservation office is required under SDCL 1-19A-
11.1, and the BHPC may conduct research and prepare comments on the
project.
A distinction needs to be made about the difference between a conditional use permit
and a building permit. A conditional use permit authorizes the use of the property,
whereas the building permit authorizes construction activity. If an applicant applies for
a building, moving, or demolition permit for a property contained in one of the
designated historic districts, notification is provided to the BHPC to begin the 11.1
review process.
Options for the City Council to consider are:
• Adopt the amendments as proposed.
• Incorporate City Attorney’s amendment into the changes.
• Refer the amendments to a study session.
• Do nothing with the proposed amendment and maintain status quo.
City Manager Introduction
Action: Motion to Remove from Table, Continue Public Hearing, Roll Call
October 23, 2012
City of Brookings
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Proposal: Modify the conditional use permit application procedures in order to expedite non-
controversial requests.
Specifics: These amendments were discussed at the August meeting. There were only minor
tweaks to the document based on your comments. As was noted last month, the major focus is
on reducing the time necessary for a resident to obtain a conditional use permit. This could be
done by eliminating the involvement of the governing body when there are no controversial
issues with a request. If there are concerns, then an appeal process is provided for either the
applicant or other aggrieved party.
A final draft of Article V. shows the changes in red. Several sections were modified extensively,
and a new section was added. Please note that the last page has the South Dakota Codified Law
references for conditional uses.
Recommendation: The Planning Commission voted 6 yes and 0 no to recommend approval of
the changes.
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Ordinance No. 25-12
An ordinance amending the zoning ordinance of the City of Brookings and pertaining to the
Conditional Use Permit process for the purposes 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 shall be amended as follows:
Section 1.
ARTICLE V. CONDITIONAL USES
DIVISION 2. PERMIT
Sec. 94-221. Generally
The Planning Commission City Council may authorize by Conditional Use Permit the uses
designated in this chapter when located in a zoning district allowing such use. The Planning
Commission City Council shall impose such conditions as a part of the Conditional Use Permit as
are appropriate and necessary to insure compliance with the Comprehensive Plan and to protect
the public’s health, safety and general welfare. Unless expressly modified by the Board of
Adjustment, all regulations of the zoning district in which the use is located shall apply.
Sec. 94-222. Application
To obtain a Conditional Use Permit, the applicant shall file a written application on a form
furnished by the Community Development City Engineering Department. The application shall
be submitted on or before the 15th of any month prior to the next regularly scheduled Planning
Commission meeting. Every application shall contain the following information:
1. Legal description of the land upon which such conditional use is requested, together
with local street address
2. Name and address of each owner of the property
3. Name, address, phone number and signature of the applicant
4. Zoning district classification under which the property is regulated at the time of such
application
5. Be accompanied with a site plan unless waived by the Community Development City
Engineering Department
6. Any other information concerning the property as may be requested by the
Community Development City Engineering Department
Sec. 94-223 Fees.
Upon the filing of any application for a Conditional Use Permit, the applicant shall pay to the City
the appropriate fee as designated in Chapter 66 of this code.
Sec. 94-224. Information on Site Plan.
(a) In addition to the following information, plans shall be drawn to scale upon substantial paper
or provided electronically cloth and shall be of sufficient clarity to indicate the location, nature,
and extent of the work proposed and show in detail that it will conform to the provisions of this
ordinance and all other relevant laws, ordinances, rules and regulations. The Community
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Development City Engineering Department may waive the submission of plans if the nature of
the work applied for is such that reviewing of plans is not necessary to obtain compliance with
this ordinance. The site plan shall contain the following:
1. The address of the property and the legal description
2. The name of the project and/or business
3. The scale and north arrow
4. All existing and proposed buildings or additions and uses
5. Dimensions of all buildings
6. Distance from all building lines to the property lines at the closest points
7. Building height and number of stories
8. Dimensions of all property lines
9. Parking lots or spaces - designate each space, give dimensions of the parking lot, stalls
and aisles
10. Perimeter screening - show height, location and type of material to be used any
fencing, walls or hedges
11. Landscape plantings - The landscaped setback and trees; indicate species, location,
and number of trees and material to be used for landscaping
12. Name and location of all adjacent streets, alleys, waterways and other public places
13. Interior screening – show height, location and type around parking lot and dumpster
14. Signage – indicate location of all freestanding signage
15. Lighting – show location and type of parking lot and exterior building wall lighting
16. Architecture – provide representative elevations of all buildings
(b) Approved plans shall not be changed, modified, or altered without authorization from the
Planning Commission or City Council giving final approval, and all work shall be done in
accordance with the approved plans.
Sec. 94-225. Planning Commission Hearing.
(a) Setting of date. Upon the filing of an application for a Conditional Use Permit with the Zoning
Administrator Officer accompanied by the fee in the manner prescribed in Chapter 66 of this code,
the Zoning Administrator Officer shall set a date for public hearing. The date for a public hearing
shall be a day when the Planning Commission is regularly scheduled to meet as determined by the
rules, policies and regulations as adopted by the Planning Commission. Public notice for this
meeting and changes to be considered shall be given by publishing ten days in advance by
publication in a legal newspaper of the municipality, the date of the hearing and the time and
place when and where all persons interested shall be given an opportunity to be heard.
(b) Posting signs. Signs shall be posted on the property at least for a continuous period of
seven (7) days immediately prior to any public hearing held by the Planning Commission to
consider the application. Said signs shall be furnished by the City and posted by the applicant in
the numbers and locations prescribed by the Zoning Administrator Officer. Said signs shall be
removed and disposed of properly within three days returned to the Zoning Officer one day
after the public hearing on the request.
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Sec. 94-226. Planning Commission Decision Report.
The Planning Commission shall consider the stated criteria, the objectives of the comprehensive
plan, and the purpose of the zoning ordinance and its relevant zoning districts when making a
decision to approve or disapprove a conditional use request. submit to the City Council a final
report containing its recommendations on those applications for Conditional Use Permits which it
has considered. If no report is received from the Planning Commission in sixty-five (65) days, the
Conditional Use Permit shall be considered approved. The Planning Commission, in making its
determination on an application, may approve, modify, or deny said application.
Sec. 94-226.5 Appeal
The decision rendered by the Planning Commission on a conditional use permit may be appealed
to the City Council. To appeal the decision, the applicant or any person aggrieved by said decision
shall file a written appeal with the Community Development Department within five (5) working
days of the decision.
Sec. 94-227. City Council Hearing.
When an appeal from the decision of the Planning Commission has been filed in accordance with
Sec. 94-226.5, the City Council shall conduct a public hearing to act on the application.
(a) Publication of time and place. The City Council shall conduct a public hearing to act on all
applications which have been processed and forwarded to it for public hearing as provided in this
ordinance. The City Manager or designee shall cause to be published, ten days prior to the date of
the public hearing adoption of the ordinance, the time and place, when and where all persons
interested shall be given an opportunity to be heard.
(b) Posting signs. Notice of such hearing shall may also be required to be given by posting signs
on the property. Signs shall be posted on the property at least seven (7) days immediately prior
to any public hearing held by the City Council to consider the application. Said signs shall be
furnished by the City and posted by the appellant, if the appellant is the applicant, in the
numbers and locations prescribed by the Zoning Administrator. If the appellant is not the
applicant, said signs shall be posted by the Zoning Administrator or his designee. Said signs
shall be removed and disposed of properly within three days after the public hearing on the
request. If signs are required by the Zoning Officer, the regulations as set forth in Section 94-
225(b) shall apply.
(c) Hearing. At the public hearing on any application for a conditional use permit, the city
council shall review the decisions and recommendations of the planning commission of any
application coming before the city council as provided in this chapter. The city council, in
making its determination of such application, may amend the application in accordance with or
in modification or rejection of the decision recommendation of the Planning Commission.
Sec. 94-228. Amendments
Amendments shall be processed in the same manner as a Conditional Use Permit is processed.
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The City Council or Planning Commission gives final approval, and all work shall be completed and
enforced in accordance with the approved plan. Approved plans shall not be amended without
approved authorization as noted below:
Plan Amendments
(a) Any approved conditional use plan or conditional use plan addendum may be amended as
provided in this section, or entirely withdrawn by the applicant. The Community
Development Department may approve administrative amendments to an approved plan
without notice or hearings, after consideration of the record from the original public
hearing on the plan.
(b) Minor changes to an approved conditional use plan shall be done administratively. Minor
changes may include minor relocation or reorientation of buildings, lot lines, or easements;
relocation of points of access; relocation of internal access and circulation; minor
relocation or rearrangement of parking areas; reduction in the designated parking spaces,
but not less than required under Division 4. Parking, Stacking, and Loading; and
reorientation of landscaping.
Major changes to an approved conditional use plan shall follow the public hearing approval
process. Major changes may include major relocation or reorientation of buildings or
parking areas which have external impacts on adjacent property; and major reductions in
landscaping or screening, but not less than required under Section 94-399.
Sec. 94-229. Expiration.
(a) A conditional use permit shall expire one (1) year from the date upon which it becomes
effective if no significant work has commenced. Upon written request to the Community
Development Director and prior to the conditional use permit expiration date, a one-year
time extension for the conditional use permit may be granted, subject to the following
conditions:
(1) There was no public objection presented during the public hearing process for the
original conditional use permit;
(2) The land uses for the surrounding properties have not changed or significantly altered
since the original approval date for the conditional use permit;
(3) The project could not be substantially completed within the required one-year time
frame due to unforeseen circumstances related to engineering and environmental
studies or construction delays relating to specific elements of the project.
(b) A conditional use permit approved in accordance with Article V. Conditional Uses, shall
expire one year after the use discontinues on the premises, or the use is changed to
another permitted use in the underlying district.
Sec. 94-230. Preexisting Uses.
An existing use eligible for a Conditional Use Permit which was lawfully established on the effective
date of this title shall be deemed to have received a Conditional Use Permit as herein required and
shall be provided with such permit by the city upon request, and it shall not be a nonconforming
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use, provided, however, for any enlargement, extension, or relocation of such existing use, an
application in accordance with this section shall be required.
Sec. 94-231. Reapplication.
No applicant requesting a Conditional Use Permit whose application includes the same or
substantially the same requirements for the same or substantially the same property as that which
has been denied by the Planning Commission or City Council shall be again considered by the
Planning Commission before the expiration date of six (6) months from the date of the final action
on the original petition.
Sec. 94-232. Permit Revocation
If the Community Development Director finds, at any time, that the terms, conditions, and
requirements of the conditional use permit have not been complied with, or that any phase
thereof has not been completed within the time required under said conditional use permit, or
any amendment thereto, the Director shall report this fact to the permittee and the Planning
Commission. The Planning Commission may, after conducting a public hearing, of which the
permittee shall be notified, submit a recommendation to the City Council for their consideration
and action. The City Council may, after a public hearing of which the permittee shall be notified,
revoke such conditional use permit for failure to comply with such terms, conditions, and
requirements, or take such other action as it may deem necessary to obtain compliance.
Section 2.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading: September 25, 2012
Second Reading: October 9, 2012 TABLED
Second Reading:
Published:
CITY OF BROOKINGS, SD
___________________________________
Tim Reed, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
October 23, 2012
City of Brookings
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Conditional Use excerpts from the Zoning Ordinance
Definitions:
Conditional Use: A use which, because of its unique or varying characteristics, cannot be
properly classified as a permitted use in a particular district. After due consideration, as
provided in this ordinance, of the impact of such use upon neighboring land and of the public
need for the particular use at a particular location, such conditional use may or may not be
granted (See Conditional Use Permit)
Conditional Use Permit: A permit issued by the City or by Joint City and County authority stating
that a conditional use complies with all conditions and standards set forth in this ordinance and
authorized by the respective authority.
Sec. 94-122. AGRICULTURAL A DISTRICT
(e) Conditional Uses.
1. Airport
2. Quarry
3. Cemetery
4. Hot mix plant
5. Private or riding stable
6. Campground/RV Park
7. Animal Hospital
8. Kennel
Sec. 94-123. RESIDENCE R-1 RURAL ESTATE DISTRICT
(e) Conditional Uses.
1. Family day care
2. Major home occupation
3. Private lake
4. Private or riding stable
Sec. 94-124. RESIDENCE R-1A SINGLE-FAMILY
(e) Conditional Uses.
1. Agriculture
2. Major home occupation
3. Public recreation facility
4. Non-municipal library, museum, art gallery,
5. Private lake
6. Private stable
Sec. 94-125 RESIDENCE R-1B SINGLE-FAMILY
(e) Conditional Uses.
1. Vocational or trade school
2. Retirement or nursing home
3. Two family dwelling
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4. Group home
5. Major home occupation
6. Public recreation facility
7. Non-municipal library, museum, art gallery,
8. Private lake
9. Bed and breakfast establishment
Sec. 94-125.5. RESIDENCE R-1C SINGLE-FAMILY
(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
Sec. 94-126. RESIDENCE R-2 TWO-FAMILY DISTRICT
(e) Conditional Uses.
1. Vocational or trade school
2. Retirement or nursing home
3. Group home
4. Major home occupation
5. Public recreation facility
6. Non-municipal library, museum, art gallery, community center, private club or lodge
7. Domestic abuse shelter
8. Townhouse
9. Apartment or condominium
10. Office
11. Bed and breakfast establishment
12. Fraternity/Sorority
13. Day Care Facility
Sec. 94-127. RESIDENCE R-3 APARTMENT DISTRICT
(e) Conditional Uses.
1. Public recreation facility
2. Non-municipal library, museum, art gallery, community center, private club or lodge
3. Major home occupation
4. Vocational or trade school
5. Office
6. Bed and breakfast
Sec. 94-128. RESIDENCE R-3A APARTMENTS/MOBILE HOMES/ MANUFACTURED HOUSING.
(e) Conditional Uses.
1. Public recreation facility
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2. Non-municipal library, museum, art gallery, community center, private club or lodge
3. Major home occupation
4. Vocational or trade school
5. Office
6. Mobile home/manufactured housing park
7. Bed and breakfast establishment
Sec. 94-129. RESIDENCE RMH SINGLE-FAMILY AND MANUFACTURED HOUSING DISTRICT
(e) Conditional Uses.
1. Major home occupation
2. Public recreation facility
3. Non-municipal library, museum, art gallery, community center, private club or lodge
4. Retirement or nursing home
5. Vocational or trade school
Sec. 94-130. RB-4 NEIGHBORHOOD BUSINESS DISTRICT
(e) Conditional Uses.
1. Church
2. Gas dispensing station
Sec. 94-131. BUSINESS B-1 CENTRAL DISTRICT
(e) Conditional Uses.
1. Repair garage
2. Assembling and packaging
3. Apartments for the elderly
4. Broadcast Tower
5. Community Center
6. Drive-in Food Service
7. Brewpub
8. Church
Section 94-132. BUSINESS B-2 DISTRICT
(e) Conditional Uses. Conditional uses in the B-2 district are as follows:
1. Wholesale trade
2. Automobile service station
3. Repair garage
4. Assembling and packaging
5. Freight handling
6. Manufacturing, light
7. Domestic abuse shelter
8. Apartment
9. Small animal clinic
10. Church
11. Outdoor sales
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Sec. 94-133. BUSINESS B-2A OFFICE DISTRICT
(e) Conditional Uses.
1. Home occupation
2. Mixed business/residential use
3. Financial institution
4. Community center
Sec. 94-134. BUSINESS B-3 HEAVY DISTRICT.
(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
Sec. 94-135. BUSINESS B-4 HIGHWAY DISTRICT
(e) Conditional Uses.
1. Assembling and packaging operation
2. Freight handling
3. Manufacturing, light
4. Buy back center for recyclables
5. Household hazardous waste
6. Day care facility
7. Transfer site for recyclables
8. Kennel
9. Farm Implement sales
Sec. 94-135.5. BUSINESS B-5 PLANNED RESEARCH AND BUSINESS DISTRICT
(e) Conditional uses. Conditional Uses in the B-5 District are as follows:
1. Assembling and Packaging
a. An emphasis shall be placed on landscaping around parking lots, loading areas
and storage areas.
b. Special attention shall be given to minimizing noise and glare.
c. The site area ratio to building area ratio shall not be less than 2:1.
2. Recreation Facility
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a. Activities that attract spectators shall provide adequate accommodations for
crowds that may attend such events.
b. Consideration shall be given to the noise and traffic generated and the hours of
operation of any outdoor activities.
3. Restaurant
Sec. 94-136 INDUSTRIAL I-1 LIGHT DISTRICT
(e) Conditional Uses.
Kennel
1. Broadcast Tower
2. Outdoor Sales
3. Concrete Plant
5. SWECS
Sec. 94-137. INDUSTRIAL I-2 HEAVY DISTRICT.
(e) Conditional Uses.
1. Manufacture of acid, cement, lime, gypsum, plaster of paris, asphalt, explosives, fertilizer,
turpentine, yeast, oils, alcohol, bleach or ammonia
2. Refining of fat, grease, lard, tallow or petroleum
3. Processing of grain, forage, toxic material, hides or furs
4. Distillation of products
5. Junkyard
6. Stockyards/slaughtering of animals
7. Rendering
8. Smelting
9. Boilerworks
10. Tank farm
11. Grain terminal
12. Farm store/feed store
13. Crematorium
14. Personal Health Services
15. Kennel
16. Broadcast Tower
17. Outdoor Sales
18. SWECS
DIVISION 3. CONDITIONAL USE STANDARDS
Sec. 94-251. Generally
Any conditional use approved by the Planning Commission or City Council shall conform to the
standards for such uses as set forth below. These standards shall be construed to be the minimum
requirements for any of the specified conditional uses and the Planning Commission or City
Council may require additional requirements in their discretion. In all cases, the impact of the
proposed use on the adjacent properties will be a significant consideration.
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Sec. 94-252. Agriculture
Agricultural uses in a residential zone shall be limited to the growing and cultivation of crops.
No equipment shall be stored on the premises.
Sec. 94-253. Airport
Airports shall be sited with consideration to all potential obstructions existing in the surrounding
area. Consideration shall also be given to future land use patterns within all approach zones.
Sec. 94-254. Animal Hospital
This use shall not be located in an area where it could have a negative impact on adjacent
properties due to its size, noise or the traffic generated from such use. The parking area shall be
designed to have a minimal impact on the surrounding residential properties.
Sec. 94-255. Apartment.
(a) Generally. Such uses shall not be located in an area where they could have a negative
impact on adjacent properties due to their size or the traffic generated from such use. The
parking area shall be designed to have a minimal impact on surrounding residential
properties.
(b) For elderly. Special attention shall be given to the size and proximity of a
parking area devoted to such uses in the Central Business District.
Sec. 94-256 Assembling/Packaging Operation
These uses shall be of a design and scale which would not be detrimental to the neighborhood.
The parking area shall be designed to minimize the impact of the parking lot upon adjacent
properties. Provisions set forth in division 4 of article VI of this chapter shall be adhered to and
submitted prior to approval. No outdoor storage shall be permitted. Major access drives shall be
located on minor or collector streets whenever possible.
Sec. 94-257 Automobile Service Station
Such uses shall provide for an adequate number of parking spaces to store vehicles. No fuel
delivery pump shall be located within twenty (20) feet of any side lot line nor twenty-one (21) feet
of any front lot line. No fuel pump shall be located within fifty (50) feet of a lot line which lies next
to a residential district. All applicable laws and ordinances shall be complied with.
Sec. 94-258. Bed and Breakfast Establishment
Bed and breakfast establishments shall comply with the following conditions:
(1) They shall be limited to an accessory use within a single-family dwelling. Preference will
be given to buildings with historic or other unique characteristics.
(2) They shall be registered with the South Dakota Department of Health, maintain a guest
list and provide a smoke detector in each sleeping room.
(3) A site plan shall be submitted including the interior layout of the building and exterior
design of the premises.
(4) Not more than two (2) guest rooms shall be used for such purposes
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(5) Off-street parking areas for guests shall be located so as to have a minimal impact on
adjacent residential property.
(6) Signs shall be non-illuminated with a maximum area of three (3) square feet, a maximum
height of four (4) feet, and a setback from any lot line of six (6) feet.
(7) Meals shall be limited to a breakfast or a brunch. Meals shall be prepared in the owner’s
kitchen and served only to overnight registered guests. Cooking in any guest room is
prohibited.
(8) The length of stay of any registered guest shall not exceed fourteen (14) days during any
one hundred twenty (120) day consecutive period.
Sec. 94-260. Boilerworks
Such uses shall be located in areas where the impact of odors and noise on residential districts will
be minimized. Traffic to and from the site should not travel on residential streets.
Sec. 94-260.3 Brewpub
A brewpub shall comply with the following conditions:
1 The area used for brewing, including bottling and kegging, shall not exceed 25% of the
total floor area of a combined restaurant and drinking establishment and 50% of the
total floor area of a drinking establishment without restaurant services.
1. A malt beverage manufacturer’s license must be obtained per state law
3. An alcohol beverage license must be obtained per city ordinance
1. The brewery shall not produce more than 1,500 barrels of beer or ale per year. A
barrel contains thirty-one (31) gallons.
2. The method and frequency of grain shipments to the site shall be provided
3. The method and frequency of spent grain disposal shall be provided
Sec. 94-260.5 Broadcast Tower
Location of the tower shall be done with consideration for public safety in the event that the
tower would fall and to minimize adverse visual impact of broadcast towers through careful
design, siting, and screening. Care should be taken to avoid interference with any similar
broadcast use and in no event shall such tower be located in any airport flight path. The tower
shall be constructed in a manner that will make it inaccessible for unauthorized persons to
climb.
Sec. 94-261. Buy Back Center for Recyclables
Such facilities shall consist of a completely enclosed structure. A list of the types of recyclable
material to be collected shall be approved by the Deputy Health Officer.
Sec. 94-262. Campgrounds.
Campgrounds for tents, tent trailers, and recreational vehicles should be sited with
consideration for access to the property. The following conditions shall be complied with:
1. Each campsite shall contain at least 2,000 square feet.
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2. The campgrounds shall be supplied with a water supply and sewage disposal facilities,
including washing, toilets, and similar facilities, and all of which shall meet all applicable
city codes and regulations.
3. Front, side and rear yards of fifty (50) feet shall be maintained on the campground.
4. The access to public roads and highways shall be paved or surfaced in a manner similar
to adjacent public roads and shall be approved by the city.
5. Access roads shall be provided to each campsite and all access roads shall have a
minimum unobstructed width of fourteen (14) feet for all one-way roads, and twenty
(20) feet for all two-way roads.
6. Campsites shall be used by the same persons as temporary/seasonal stays only and no
stay shall exceed sixty (60) days in any one calendar year.
7. No mobile homes/manufactured homes shall be located in any campground, except that
one shall be permitted as an office for the campground.
8. All campground operators shall keep accurate records as to the length of time a person
stays in the campground, and shall make said records available to any city official upon
request.
Sec. 94-263. Cemetery
This use shall have a minimum of 40 acres. An adequate road system with parking for mourners
shall be provided. Scattering areas or gardens shall be established within the interior of the
cemetery.
Sec. 94-264. Church
This use shall be located on a collector or arterial street. The parking area shall be designed to
have a minimal impact on surrounding residential properties. Due to the unique character of the
Business B-1 District, the establishment of the use in this district shall be subject to additional
standards that require a minimum of 15 on-premise parking spaces or a site location boundary
that is within 200 feet of a public parking lot.
Sec. 94-264.5. Community Center
Such uses shall be located in close proximity to a public parking lot in order to supplement the
parking needs of the use. All accessory activities associated with the use and the location of such
activities shall be shown on a building and site layout.
Sec. 94-264.8. Concrete Plant
This use shall not be located near or adjacent to uses that would be negatively impacted due to
fumes, dust, or runoff generated by its operation. Traffic to and from the site shall not travel on
residential streets to reach major transportation routes. Outdoor material storage areas shall be
located in the interior of the lot and away from any right-of-way. All runoff from the material
storage areas or generated by the operation shall be contained on-site.
Sec. 94-265. Condominium
Such uses shall not be located in an area where it could have a negative impact upon adjacent
properties due to its size or the traffic generated from such use.
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Sec. 94-266. Contractor Shop and Storage Yard
Such uses shall screen all outdoor storage from adjacent property. Service vehicles shall be
localized in an area on the lot which will minimize the impact upon adjacent uses. Any lighting of
the storage yard should be done in a way that will not cause a glare onto residential properties.
Sec. 94-267. Crematorium
This use shall include an adjacent holding facility but not a scattering area or garden. All applicants
shall comply with all applicable environmental standards.
Sec. 94-268. Day Care Facility, Nursery School
These uses shall be located where an adequate and safe playground can be provided. The pick-
up and drop-off areas shall be designed to provide a safe access to the facility and the site
should be convenient for clients.
Sec. 94-269. Distillation of Products
(a) Facilities for distillation of products and grain terminals shall be located in a manner which
minimizes the impact of odors from the plant on residential and recreation areas in the
city. These facilities should be located in areas where traffic to and from the site would
not travel on residential streets.
(b) This section also applies to:
1) The manufacture of acid, cement, lime, gypsum, plaster of Paris, asphalt,
fertilizer, glue, sizing, paper, paint, turpentine, yeast, oils, alcohol, bleach or
ammonia.
2) Processing of grains, forage, toxic material, hides or furs.
3) Refining of fats, grease, lard, tallow or petroleum.
4) Smelting.
Sec. 94-270. Domestic Abuse Shelter
A shelter shall be a single housekeeping entity. The parking area shall be designed to minimize its
impact upon adjacent residential properties.
Sec. 94-270.2 Drive-in Food Service
This use shall be located where ample on-premise vehicle stacking is available. The site design
shall provide for clear sight angles for safe pedestrian and vehicular movement on and off the
site. All egress points shall be designed to permit right turns only in order to reduce traffic
conflicts. Menu boards, external illumination and intercommunication systems shall be
designed to have a minimal impact on adjacent property. The service window location shall be
not less than 50 feet from an adjacent property. The City Engineer and / or Traffic Safety
Committee shall review any proposal that causes a reduction in on-street parking and submit
their findings to the commission.
Sec. 94-270.5. Farm Implement Sales.
These uses shall take special care to present an uncluttered appearance, allowing for the
attractive display of machinery that is for sale, while discouraging the outside storage of any
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equipment, parts or materials. Inoperable machinery kept only for parts sales shall be located
on the interior of the lot or screened from adjacent properties or a public right-of-way.
Sec. 94-271. Farm Store/Feed Store
The handling and storage of fertilizer and farm chemicals shall conform to all federal, state and city
codes. Consideration should be given to the location of these products on the lot.
Sec. 94-272. Financial Institution
Such uses shall locate any drive-up service window device in such a manner as to minimize its
impact on adjacent properties.
Sec. 94-273. Floodway Structure
Such structures shall be located so as not to have a negative impact upon adjacent property.
Sec. 94-274. Fraternity/Sorority houses
Such uses shall not be located in an area where they could have a negative impact on adjacent
properties due to their size or the traffic generated from such use. The parking area shall be
regulated according to Section 94-400, hard-surfaced parking, and Section 94-401, screened
parking.
Sec. 94-275. Freight Handling
Such uses shall be sited and designed in such a way as to minimize their impact on adjacent
properties. Freight loading areas shall be screened from adjacent residential areas. No outdoor
storage shall be permitted. Major access drives shall be located on minor or collector streets
whenever possible.
Sec. 94-276. Gas Dispensing Station
The site shall be designated to allow for the stacking of vehicles on the premises. No fuel delivery
pump shall be located within twenty (20) feet of any side lot line nor within twenty-one (21) feet
of any front lot line. No fuel pump shall be located within fifty (50) feet of a lot line which lies next
to a residential district. The applicant shall comply with all applicable laws and ordinances.
Sec. 94-277. Group Home
A group home shall generally be located in an area where the residents are close to services.
Applicants shall provide statements as to the type of supervision the home will have and be
prepared to present information on all anticipated physical changes to the structure.
Sec. 94-278. Home Occupation, Major
Major home occupations shall be in complete conformance with Section 94-362.
Sec. 94-279. Hot Mix Plant
Such uses shall be located in areas where the odor and noise will not be detrimental to adjacent
property owners. Traffic to and from the site shall not travel on minor residential streets.
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Sec. 94-280. Household Hazardous Waste Site
Such uses shall be within a completely enclosed building. The applicant shall comply with the
provisions of all applicable laws and ordinances.
Sec. 94-281. Junkyard
These uses shall generally be located in areas that are removed from the principal and minor
arterials of the city. Special consideration shall be given to the inclusion of screening around the
storage area.
Sec. 94-282. Kennel
This use shall be located in areas where the noise generated by such use would not be a nuisance
or detriment to adjacent properties. A fence separating the kennel operation from adjacent
properties shall be required. Kennels within 400 feet of a residential district are not allowed.
Kennels in conjunction with an animal hospital with indoor confinement may be established less
than 400 feet from a residential district.
Sec. 94-283. Light Processing Facility
Such uses shall be located in a manner which will minimize the impact of noise on residential
areas. These facilities should be located in areas where traffic to and from the site would not
travel on residential streets. The impact of this use shall be minimized through screening when
adjacent to main thoroughfares.
Sec. 94-284. Manufacture or Storage of Explosives
These uses shall be located in such a manner so as not to present a hazard to adjacent properties.
A site plan and other related information shall receive approval by the appropriate departments of
the City prior to establishing the use. Traffic to and from the site shall not travel upon residential
streets.
Sec. 94-285. Manufacturing (light)
These uses shall be of a design and scale which would not be detrimental to the neighborhood.
The parking area shall be designed to minimize the impact of the lot upon adjacent properties.
Provisions set forth in division 4 of article VI shall be adhered to and submitted prior to approval.
Sec. 94-286. Mixed Business/Residential Uses
Such business uses shall be only those uses permitted in the respective zoning district. Provisions
set forth in Section94-41 shall govern all residential uses.
Sec. 94-287. Mobile Home/Manufactured Home Park
This use shall be located in areas where it would be compatible with adjacent uses. Consideration
should be given to recreation area, storm shelters and landscaping. In addition, the park shall be
in conformance with Section 94-364.
Sec. 94-288. Non-municipal Library, Museum, Art Galley, Community Center and Private Club
and Lodge
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These uses shall be of a design and scale which would not be detrimental to the neighborhood.
The parking area shall be designed to minimize the impact of the lot upon adjacent properties.
Sec. 94-289. Off-street Parking, Off Site
The off-site parking shall be located within a 400 foot radius of the use it is intended to serve. The
parking shall be restricted by a written agreement and contain the number of spaces and length of
time such spaces are reserved.
Sec. 94-290. Office
Such uses shall be located on a collector or arterial street. Special attention shall be given to the
architectural compatibility with surrounding residential properties. Consideration shall be given to
the traffic generated by such use, the type of sign, the hours of operation and the character of the
use. Parking shall be screened from any adjacent residential area.
Sec. 94-290.5. Outdoor Sales.
Such uses shall be located or arranged in a manner that will display larger vehicles away from a
residential district boundary line or by location toward the interior of the display lot. Larger
vehicles shall not prohibit or disrupt traffic flow within or through the display lot.
Sec. 94-291. Personal Health Services
These uses shall be located in areas where access to the facility is safe and convenient.
Consideration shall be given to siting these uses away from facilities which generate large
quantities of smoke, dust, noise or heavy truck traffic. (Ord. 30-00, 11/27/00)
Sec. 94-292. Private Lake
A private lake will be allowed in some cases to be created by the mining of sand, gravel or other
material. However, the mining shall be treated as a means to an end and any such plan shall
stipulate a deadline after which time the mining will be terminated. A reclamation plan for the
lake area and safety precautions to prevent public access to the site until such time as the mining
is completed shall be provided. The developer shall be required to provide satisfactory evidence
that the lake water will be of a sufficient level and quality to be an asset rather than a detriment to
the neighborhood. Adjacent development shall be graded in a manner that will not permit runoff
from the development to infiltrate the lake. The Planning Commission should examine whether or
not there is a need for public access to the lake. Furthermore, the developer shall offer assurance
that the lake will be constructed and maintained in the manner approved by the Planning
Commission.
Sec. 94-293. Quarry
This use shall be located where blasting, noise, dust or heavy truck traffic will not have a negative
impact on adjacent uses. Storage, stockpiling and processing shall be located on the interior
portion of the site.
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Sec. 94-294. Recreation Facilities
Such uses shall be designed in a manner which will minimize the impact of traffic, noise and glare
on the surrounding residential neighborhood.
Sec. 94-295. Rendering facilities
Such uses shall be located in areas where the impact of heat and odors on residential and
recreation areas will be minimized. Traffic to and from the site shall not travel on residential
streets. Such uses shall conform to all applicable laws and ordinances.
Sec. 94-296. Repair Garage
This use shall provide an adequate number of parking spaces to store vehicles and shall provide
an indoor storage area for parts and materials. This parking area shall be designed to minimize
the impact of the lot upon adjacent properties.
Sec. 94-297. Retirement or Nursing Home
Such uses shall be sited and designed in such a way as to minimize their impact on adjacent
residential uses. Special attention shall be given to parking, lighting, the height of the structure,
the traffic generated and similar problems. Parking should be screened from any adjacent
residential areas.
Sec. 94-298. Small Animal Clinic
Such use shall provide an area, sufficient in size and screened from view from adjacent uses, for
the walking of patients. The use shall be of a design and scale which would not be detrimental to
adjacent residential properties.
Sec. 94-299. Stable (private or riding)
These uses shall be established on lots with a minimum area of two acres and one acre of land
shall be provided for each horse located thereon. No pasture shall be located within the required
front yard setback and no horse shall be allowed to be kept within 125 feet of any building used
for human habitation other than by the owner of such animal. No fencing shall be made of
barbwire or connected to an electrical current.
Sec. 94-300. Stockyard/Slaughtering of Animals
Such uses shall be located in areas where the impact of odors and noise on residential and
recreation areas will be minimized. Traffic to and from the site should not travel on residential
streets. Such uses shall conform to all applicable laws and ordinances.
Sec. 94-301. Tank Farm
Such uses shall conform to all federal, state and city codes and shall be designed with perimeter
landscaping and/or fencing. These uses shall not be located adjacent to residential districts.
Sec. 94-301.4 Telecommunication Tower
Such uses shall be sited to minimize the visual impact on surrounding uses. The ability to
provide stealth design elements and adequately screen the tower base and equipment facilities
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49
from any residential buildings shall be given special consideration. Co-location is important in
minimizing the visual presence of towers within the community. Therefore, construction of any
new tower shall have the capacity to accommodate more than one provider. A tower designed
to accommodate up to three providers shall be allowed a maximum height of 120 feet. A tower
designed for up to two providers shall be allowed a maximum height of 100 feet.
Sec. 94-302. Townhouse
Such uses shall not be located in an area where they could have a negative impact on adjacent
properties due to their size or the traffic generated from such use.
Sec. 94-303. Transfer Site for Recyclables
Such facilities shall consist of a screened storage area where recyclable material is temporarily
stored. A list of the types of recyclable material to be collected shall be approved by the
Deputy Health Officer.
Sec. 94-303.5. Truck and Trailer Rentals.
Display or storage shall be generally on the interior or rear of the lot. The land area shall be
sufficient enough to avoid backing maneuvers into the public right-of-way.
Sec. 94-304. Two-Family Dwelling
Such uses shall have one frontage abutting on an arterial or collector street.
Sec. 94-305. Vocational or Trade School
Such uses shall be sited and designed in such a way as to minimize their impact on adjacent
residential uses. Special attention shall be given to parking, lighting, the height of the structure,
the traffic generated and similar problems. Parking should be screened from any adjacent
residential areas.
Sec. 94-306. Wholesale Trade
Such uses shall have no outdoor display or outdoor storage of goods or materials.
Sec. 94-307. Wind Energy Conversion Systems, Small (SWECS)
Small wind energy conversion systems shall comply with Section 94-367
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50
Planning Commission
Brookings, South Dakota
September 4, 2012
OFFICIAL MINUTES
Chairperson Wayne Avery called the regular meeting of the City Planning Commission to
order on Tuesday, September 4, 2012, at 5:30 PM in the Chambers Room on the third floor of
the City & County Government Center. Members present were Hal Bailey, Greg Fargen, Alan
Gregg, Al Heuton, Kristi Tornquist, and Avery. Mike Cameron, Donna DeKraai and John Sydow
were absent. Others present were Ceci Bode, Community Development Director Mike Struck,
and Planning and Zoning Administrator Dan Hanson.
Item #5 – The City of Brookings has submitted amendments to the Zoning Ordinance pertaining
to the Conditional Use Permit process.
(Fargen/Heuton) Motion to approve the amendments. All present voted aye. MOTION
CARRIED.
SUMMARY OF DISCUSSION
Item #5 – Hanson noted that the amendments had only minor tweaks based on the Planning
Commission’s review last month.
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51
CONDITIONAL USE PERMIT HISTORY
(January 2010 - June 2012)
DATE REQUEST OPPOSITION/ADVERSE IMPACTS PC RECOMMENDATION
2-2-2010 Home Occupation none denied – non compliance
2-2-2010 Contractors Shop none approved
3-2-2010 Private Stable none approved
4-6-2010 Contractors Shop none approved
5-4-2010 Church in B-2 none approved
7-6-2010 Office in R-2 none approved
10-5-2010 Home Occupation none approved
12-7-2010 Home Occupation none approved
3-1-2011 Brewpub in B-1 none approved
3-1-2011 Office in R-2 none approved
8-2-2011 Office in R-2 yes - Substantial denied*
10-4-2011 Home Occupation yes – minor denied
12-6-2011 Apartment in R-2 none approved
2-7-2012 Home Occupation yes - minor approved
3-12-2012 Kennel in B-3 none approved
* Applicant withdrew request prior to CC meeting
October 23, 2012
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53
Other Business
10. Action on Resolution No. 145-12, a Resolution authorizing the Execution
of Real Estate Agreements of Sale (land for Airport Project).
The contract for Phase I for construction of the new airport runway alignment has been
awarded and the project will be starting soon. The City has retained the services of the
South Dakota Department of Transportation to negotiate with the five property owners
for parcels of land that are required for the new runway project. Three property owners
have accepted the City’s negotiated price for purchase:
Leo and Eleanor Moriarty: Outlot One “A” (1A) in Section Twenty-eight
(28), Township One Hundred Ten (110) North, Range Fifty (50) West of
the 5th P.M., County of Brookings, State of South Dakota, containing
44.00 acres, more or less
Estate of William Mix: Outlot Two (2) of the Northeast Quarter (NE1/4)
of Section Twenty-eight (28), Township One Hundred Ten (110) North,
Range Fifty (50) West of the 5th P.M., County of Brookings, State of South
Dakota, containing 54.50 acres, more or less
Dorothy C. Lees Trust: The Southwest Quarter of the Northwest Quarter
(SW1/4NW1/4), Except Sublots “A” and “B” of Outlot One (1), of Section
Twenty-seven (27), Township One Hundred Ten (110) North, Range Fifty
(50) West of the 5th P.M., County of Brookings, State of South Dakota,
containing 17.50 acres, more or less
Maps of the parcel locations are included with this memo. The City has
received Agreements of Sale for the above-described property which totals
$571,800. This resolution will authorize the execution of the Purchase
Agreements and other required documents for these properties.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
October 23, 2012
City of Brookings
54
Resolution No.145-12
Resolution Authorizing the Execution
of Real Estate Agreements of Sale
Be It Resolved by the City Council of the City of Brookings, South Dakota as follows:
Whereas, for the purpose of acquisition of real property for necessary airport realignment
improvements of the City of Brookings, South Dakota, the City of Brookings desires to purchase
the following described property:
• Outlot One “A” (1A) in Section Twenty-eight (28), Township One Hundred Ten
(110) North, Range Fifty (50) West of the 5th P.M., County of Brookings, State of
South Dakota, containing 44.00 acres, more or less; and
• Outlot Two (2) of the Northeast Quarter (NE1/4) of Section Twenty-eight (28),
Township One Hundred Ten (110) North, Range Fifty (50) West of the 5th P.M.,
County of Brookings, State of South Dakota, containing 54.50 acres, more or less;
and
• The Southwest Quarter of the Northwest Quarter (SW1/4NW1/4), Except
Sublots “A” and “B” of Outlot One (1), of Section Twenty-seven (27), Township
One Hundred Ten (110) North, Range Fifty (50) West of the 5th P.M., County of
Brookings, State of South Dakota, containing 17.50 acres, more or less; and
Whereas, the City of Brookings has received proposed Agreements of Sale from the
following landowners: Leo and Eleanor Moriarty, the Estate of William Mix and Dorothy
C. Lees Trust, providing for a total purchase price of the above-described property of
$571,800 and pursuant to the terms of which are satisfactory to the City of Brookings;
Now Therefore, It Is Hereby Resolved by the City Council of the City of Brookings, South Dakota,
as follows:
A. That the City acquire title to the above-described property pursuant to
Agreements of Sale with Leo and Eleanor Moriarty, the Estate of William Mix
and Dorothy C. Lees Trust for the purpose of acquisition of real property for
necessary airport improvements; and
B. That the Mayor, City Clerk and City Manager are authorized to execute the
Purchase Agreements and other required documents in accordance with this
Resolution.
Passed and approved on the 23rd day of October, 2012.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
October 23, 2012
City of Brookings
58
Other Business
11. Presentation of Quarterly Financial Report by Brookings Health Systems.
Representatives of Brookings Municipal Utilities will provide the City Council and public
with a financial report and update on current and pending issues.
Action: Informational
BROOKINGS HEALTH SYSTEM
Brookings Health System
Brookings City Council Meeting
October 23, 2012
BROOKINGS HEALTH SYSTEM
Progress on Skilled
Nursing Facility
10.15.12
04.17.12
BROOKINGS HEALTH SYSTEM
Master Campus Plan
Next Phase
–Mechanical Room
–Pharmacy
–Lobby
–Registration
–Radiology
–Surgery
–Medical / Surgical
Nursing Unit
•Est Project Cost
$25.2 million
•Est Renovation Cost
$3.0 million
2008
BROOKINGS HEALTH SYSTEM
FY 13 Budgeting
•Operational Budget
–Input material to directors
– 10/10
–Assumptions to Board
Finance Committee –
10/25
–Wage & Comp Plan
–Draft to Board Finance
Committee – 11/20
–Board approval of capital
& operating – 11/29
•Capital Budget
–Budget approval at
October 25th Board
meeting
• $2.6 million (includes
$200,000 contingency)
BROOKINGS HEALTH SYSTEM
Transparency
•Journey to Excellence
–Studer Group
•TeamShare
•Patient Satisfaction
–My Innerview
–NRC Picker
BROOKINGS HEALTH SYSTEM
Planning for Our Future
•Board of Trustees
Strategic Planning
Retreat
(November 2nd & 3rd)
•Stamats – CHNA
•Transition of Care
Task Force
BROOKINGS HEALTH SYSTEM
Brookings Health System
Financials
Fiscal Year 2012 (August)
BROOKINGS HEALTH SYSTEM
October 23, 2012
City of Brookings
67
Other Business
12. Discussion regarding proposed new service by Brookings Municipal
Utilities.
TO: Brookings City Council
FROM: Steve Meyer, Exec. V.P./Gen. Manager
RE: Data Center
Swiftel Communications is currently using its fiber optic network to transport data for its
customers. Some customers are seeking more services such as the storage of data,
hosting of data storage equipment, and other data managed services. These are services
that are often provided by communication companies. Swiftel is considering
constructing a building designed to meet these customers' needs.
The proposed site of the new building is on the southeast corner of 12th Street South
and Medary Avenue. This is the location of a former Brookings Municipal Utilities
electrical substation. The proposed structure is expected to be approximately 74'x 34'
and built to blend in with the residential neighborhood. The nature of this business
requires the facility to be hardened to withstand extreme weather conditions and be
predominantly unmanned.
The service is not expected to be a high margin business but is expected to add solid
complementary value to the overall Swiftel Communication's business. The service is
also anticipated to be a useful amenity for the community to have when seeking to
retain existing business and attract new business to locate in Brookings.
Swiftel is working to put more detail and specifics into the plans which we can share at a
later time. Swiftel is planning on adding the project to its 2013 budget and want to
inform the City Council about the project before it is budgeted because this project is a
little different than the typical projects included in our plans.
If you have any further questions, please give me a call and I can provide more detail
when it becomes available.
Action: Informational
October 23, 2012
City of Brookings
68
Other Business
13. 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.
October 23, 2012
City of Brookings
69
Executive Session
14. Executive Session for purposes of consulting with legal counsel about
contractual matters.
(1) Discussing the qualifications, competence, performance, character or fitness of
any public officer or employee or prospective public officer or employee. The term
"employee" does not include any independent contractor;
(2) Discussing the expulsion, suspension, discipline, assignment of or the educational
program of a student;
(3) Consulting with legal counsel or reviewing communications from legal counsel
about proposed or pending litigation or contractual matters;
(4) Preparing for contract negotiations or negotiating with employees or employee
representatives;
(5) Discussing marketing or pricing strategies by a board or commission of a business
owned by the state or any of its political subdivisions, when public discussion may be
harmful to the competitive position of the business.
However, any official action concerning such matters shall be made at an open official
meeting. An executive or closed meeting shall be held only upon a majority vote of the
members of such body present and voting, and discussion during the closed meeting is
restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this
section may be construed to prevent an executive or closed meeting if the federal or
state Constitution or the federal or state statutes require or permit it. A violation of this
section is a Class 2 misdemeanor.
Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1.
Action: Motion to enter executive session – voice vote
Motion to leave executive session – voice vote
October 23, 2012
City of Brookings
70
15. Adjourn.