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Home My WebLink AboutOrdinance 04-1982 - Tabled ,, . �" r a,. ,�, ;� t:�� . i . . ►�_ � '" �," . „f�w . . . . �� ` , +. �1. .- "� � . ., ORDINANCE NO. 4-82 � BE IT ORDAINED BY THE CITY OF BROOK.INGS, SOUTH DAKOTA.4`°. . Section 1. That the real estate situated in the Joint � : Jurisdictional Area, County of Brookings, State of Sout�i Dakota,. ; described as follows, to-wit: , E� of the SW 4 of Section 27-110-50 be and the same is hereby rezoned and reclassified �from� Agriculture to Residence R-3 Residential District a$ said' � districts are more fully set forth and described in Arti�cles�" III and IV of Ordinance No. 14-80, Brookings City and C��ntp - ` , Zoning Ordinance of the Joint Jurisdictional Area, City a�f Brookings, South Dakota. Section 2. The permitted use of the property heretofor� }: : described be and the same is hereby altered and changed in � � - � accordance herewith pursuant to said Ordinance No. 14-$0. Section 3. All sections and ordinances� in conflict': i'Lere ' with are repealed. . Initiated and First Reading: March 23, 1982 " � - ;; .. . : . � �.. Second Reading: ''�c 6/ o c� u Y-_1-� / �i' �9�� G'��o Passed and Approved: � ATTEST: � Mayor Finance Officer • . ' � . . f p.'R�. r. k S . � ';� ... - . . . � " . . � �' . . �° .�. . ,._ , . ,{•�M. . . . . � � � � . . , . . :.P " ' .-.. � .'' � 4.�_ _. . . . � _ � . r . � . : �,: .N�y • . . �. � , . � : � . . . . . . ._ -�i' � .• ��k . .. . . . � � . . - . . i '4.4.. � . . . , . . . . . .,. � . ' � . � ,A,.�� ]x �9. w � ,�,,, � . , . � . . � . . . . �._�` . ' � .. . �� . . � . . • .. .. � . ' � .. $.5: 9i� ; ..�.. . „L�- � . . '� � ,. 1�,. • . ... . . � '�'� . - F �al� �!�*.f ' . � II . . . . . n . ' Y . . . . � ♦ . . .Y.�_ . � . • � • � � , WILLIAM R. MCCANN MCCANN, MARTIN & MICKELSON. P.C. r THOMAS F. MARTIN - LQ�/YERS GEORGE S. MICKELSON � P.O. DRAWER 248 317 SIXTH AVENUE DIA�692-6163 MICHAEL E. MCCANN RICHARD J. HELSPER BROOKINGS, SOUTH DAKOTA AREA CODE 605 57006 March 31 , 1982 Honorable Roger Prunty Mayor City Hall � Brookings, SD 57006 RE: SVENPdES PROPERTY REZONING Dear Mayor Prunty: The record should reflect the fact that Dale Svennes, et al , owners of the East Half of the Southwest Quarter of �ection 27-110-50 (80 acres, more or less) applied back in September for rezoning of their property from an agricultural zone to an R-3 residential district. This district is outside of the city limits, 6ut within the 3 mile joint �urisdiction with the county. At the same time a preliminary plat was filed and request was made for approval of the preliminary pl�at. When we had the .initial hearing with the Joint Planning Commission, you a.ddressed the joint meeting indicating that you were against the request , �pr the reason that the prop�rty had 6een designated as cros�winds runway and that development should be field up until a decision had been made by the city on whetfier or not tfiat was going to be acquired. l,le had the benefit of the airport plan that had been adopted, whicfi we felt, the zoning request conformed with in the proposed use. The commissions did not recommend approval and when we carried it to the City Commission we were denied on the same basis. When we proceded to the County Commission, however, they unanimously approved it and felt that i_t was praper f�r d2velopment. At no time has anyone ever discussed the merits or demerits of the zonin� proposal except from the standpoint that the city is ultimately going to have to acquire the property. I have indicated in the various meetings we have attended that we would ask that the property be allowed to be developed or, in the alternative, if the city is going to use it as a crosswinds runway, that they acquire it and �o ahead and start condemnation proceedings. We believe the application and the preliminary plat has met all of the requirements showing elevations, drainage, location of streets, the utilities and so forth. We believe the property is suited for the type of development that Mr. Svennes and the other owners have proposed and are aware of the avigation easements that restrict the height of structures that would . , � � 1 4 � • • - r, Honorable Roger Prunty March 31 , 1982 Page 2 Re: Svennes Property Rezoning be located on the northern part of the property. Taking those into consideration the property can be ideally utilized for the purposes intended. We believe that the multi-family and green area that is designated to be used in the norchern part of the development meets the requirements of the present zoning ordinances and have considered the city lagoons to the north of the property. We understand also that the city is intending to make some improvements to that lagoon area to conr�rm witn EFF► r��ui�ements on the handling of sludge and do not believe that will cause problems in the develop- ment. Certainly we are aware of those matters and have taken them into consid- eration in the proposal . With that background T received a telephone call from my client and read in the paper where the city was going to reconsider the application that they had previously denied. We appeared at the commission meeting on Tuesday, March 23, and was advised that advice had 6een sought from the City Attorney with regard to the authority to bring up the matter again. It is our under- standing, and was advised at the time of the commission meeting on March 23, that we were prec1uded from bringing the matter up for one year under the zoning ordinance 6ecause we had been turned down initially. However, after much dis- cussion there was a moti'on made and adopted to give first reading to an ordinance that would grant exactly what we asked for. During the discussion it became apparent that there was no concensus among the commissioners and you with regard to how the matter might be handled. One commissioner indicated that he thought the best idea was to trade property, I 6elieve you indicated that you thought. it was proper for rezpning, or at least part of it, and various other opinions were expressed. �le are also aware of the discussion that was held at the city commission meetir�g a wzek �r tv.o before r�arch 23 whPre the City Attorney advised the commission that my clients had an i'deal cause of action for inverse condem- nation from the standpoint that the city had turned us down solely on the basis that it had been targeted for acquisition at sometime in the future. l�lith that background I must state at this point that I hope the motivation for reconsidering is proper and that the commission will rezone the property and approve the preliminary plat as had been originally requested by the owners. However, Z suspect very strongly that the reasons for bringing it u� again is so that it can be discussed to "clear the record" and either approve it or deny it on sound zoning and development criteria. We have no objection to the approval of the ordinance which would rezone the whole property and approve the preliminary plat. We do object to any amendments to the ordinance as i't was given at it� first reading. .. ..�« , , , . _ �. .. ' ' ' ' . Honorab7e Roger Prunty March 31 , 1982 Page 3 Re: Svennes Property Rezoning � I am involved in a lengthy �ury trial and will not be able to attend the commission meeting on April 6. T anticipate that the trial will go through the following week. If the ordinance is not going to be approved as given in its first reading, I would respectfully request a delay until such time as my clients and I can be there to address the issue. � Very truly yours, McCANN, MARTIN & MICKELSON, P.C. E S. P9TCKELSON GSM:bjr cc: Mr. Boyce Smith / City Finance Officer City Hall Brookings, SD 57006 Mr. Alan F. Glover City Attorney 418 Fourth Street Brookings, SD 57006 Mr. Dale Svennes Svennes Construction 313 Third Avenue Brookings, SD 57006