HomeMy WebLinkAbout2022_07_12 CC PKTCity Council
City of Brookings
Meeting Agenda - Final
Brookings City Council
Brookings City & County
Government Center
520 3rd St., Suite 230
Brookings, SD 57006
Phone: (605) 692-6281
"We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability
and pursues a complete lifestyle. We are committed to building a bright future through dedication,
generosity and authenticity. Bring your dreams!"
Council Chambers6:00 PMTuesday, July 12, 2022
The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse
economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal
management.
6:00 PM REGULAR MEETING
1. Call to Order / Pledge of Allegiance.
2. Record of Council Attendance.
3. Action to approve the agenda.
4. Open Forum.
At this time, any member of the public may request time on the agenda for an item not
listed or to make a brief announcement or invitation. Items will be scheduled at the end
of the meeting. Individuals are asked to state their name and address for the record.
5. Consent Agenda:
Action: Motion to Approve, Request Public Comment, Roll Call
Matters appearing on the Consent Agenda are expected to be non-controversial and will
be acted upon by the Council at one time, without discussion. At the request of any one
Council Member or the City Manager, an item may be removed from the Consent Agenda
and placed on the regular agenda whenever additional discussion on an item is
necessary. Items removed from the Consent Agenda will be discussed at the beginning
of the formal items.
5.A.ID 22-0283 Action to approve City Council meeting minutes.
6/28/2022 MinutesAttachments:
Page 1 City of Brookings
July 12, 2022City Council Meeting Agenda - Final
6. Presentations/Reports: NONE
7. Contracts/Change Orders: NONE
8. Ordinance First Readings:
No vote is required on the first reading of an Ordinance. The title of the Ordinance is
read. Public Comment and Council discussion is permitted. The date for the second
reading or public hearing is announced.
8.A.ORD 22-026 Introduction and First Reading on Ordinance 22-026, an Ordinance
Amending Section 16(F) of Ordinance 21-028, and Pertaining to
Prohibited Locations for Licensing as Medical Cannabis Establishments in
the City of Brookings. Public Hearing and Action: July 26, 2022.
Memo
Ordinance - clean
Ordinance - marked
Legal Notice
Attachments:
9. Public Hearings and Second Readings:
9.A.ORD 22-023 Public Hearing and Action on Ordinance 22-023, an Ordinance to change
the Zoning within the Joint Jurisdictional Area surrounding the City of
Brookings (a portion of 3707 Main Avenue South).
Memo
Ordinance
Legal Notice - City Council
Legal Notice - Planning Commission
Planning Commission Minutes
Petition to Rezone
Aerial Map
Zoning Map
Future Land Use Map
Final Plat
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Legislative History
6/28/22 City Council read into the record
9.B.ORD 22-024 Public Hearing and Action on Ordinance 22-024, an Ordinance pertaining
to an Application for a Conditional Use to establish a Mixed Business /
Residential Use in a Business B-3 Heavy District (known as 129 Main
Avenue South).
Page 2 City of Brookings
July 12, 2022City Council Meeting Agenda - Final
Memo
Ordinance
Legal Notice - City Council
Legal Notice - Planning Commission
Planning Commission Minutes
Location Map
Site Plan
Landscape Plan
Building Plans
Elevations
Conditional Use Permit Application
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Legislative History
6/28/22 City Council read into the record
9.C.ORD 22-025 Public Hearing and Action on Ordinance 22-025, an Ordinance to change
the Zoning within the City of Brookings (Lots 1 - 8 in Block 4 of Hill Park
Addition).
Memo
Ordinance
Legal Notice - City Council
Legal Notice - Planning Commission
Planning Commission Minutes
Location Map
Zoning Map
Future Land Use Map
Petition to Rezone
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Legislative History
6/28/22 City Council read into the record
9.D.ID 22-0284 Public Hearing and Action on a Commercial Corridor Design Review
Overlay District Site Plan for 129 & 133 Main Avenue South
Page 3 City of Brookings
July 12, 2022City Council Meeting Agenda - Final
Memo
Legal Notice - City Council
Legal Notice - Planning Commission
Planning Commission Minutes
Location Map
Site Plan
Landscape Plan
Floor Plans
Elevations
Proposed Plat
Commercial Corridor Design Review Application
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
10. Other Business: NONE
11. City Council member introduction of topics for future discussion.
Any Council Member may request discussion of any topic at a future meeting. Items
cannot be added for action at this meeting. A motion and second is required which
states the topic, requested outcome, and time frame. A majority vote is required.
12. Adjourn.
Brookings City Council: Oepke G.Niemeyer, Mayor; Nick Wendell, Deputy Mayor
Council Members Wayne Avery, Joey Collins, Brianna Doran, Holly Tilton Byrne, Bonny Specker
Brookings City Council Staff:
Paul M. Briseno, City Manager Steven Britzman, City Attorney Bonnie Foster, City Clerk
Public Comment is limited to a maximum of three minutes per person during the meeting. Individuals are asked to
give their name and address for the record. Public Comment may be submitted prior to the meeting: 1) Email
comments to the City Clerk (bfoster@cityofbrookings-sd.gov), 2) participate via Zoom, or 3) via eComment
(https://cityofbrookings.legistar.com/Calendar.aspx ). Those who provide comments in any manner should
understand their comments will become part of the official record and subject to review by all parties and the
public.
Meetings are broadcast live and recorded. Go to www.cityofbrookings-sd.gov for more information. Government
Channel 9 Rebroadcast Schedule: Wednesday 1:00 pm / Thursday 7:00 pm / Friday 9:00 pm / Saturday 1:00 pm
Upon request, accommodations for meetings will be provided for persons with disabilities. Please contact Susan
Rotert, City Human Resources Director and ADA Coordinator at (605) 692-6281 at least three (3) business days in
advance of the meeting.
Page 4 City of Brookings
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 22-0283,Version:1
Action to approve City Council meeting minutes.
Attachments:
06/28/2022 City Council Minutes
City of Brookings Printed on 7/7/2022Page 1 of 1
powered by Legistar™
Brookings City Council
June 28, 2022
The Brookings City Council held a meeting on Tuesday, June 28, 2022 at 6:00 PM, at
the Brookings City & County Government Center, Chambers, with the following City
Council members present: Mayor Oepke Niemeyer, Council Members Nick Wendell,
Joey Collins, Holly Tilton Byrne, Wayne Avery, Brianna Doran, and Bonny Specker.
City Manager Paul Briseno, City Attorney Steve Britzman, and City Clerk Bonnie Foster
were also present.
Agenda. A motion was made by Mayor Tilton Byrne, seconded by Council Member
Wendell, that the agenda be approved. The motion carried by the following vote: Yes:
7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker.
Open Forum. Matt Olson expressed concerns about the PRIDE event and Drag Show
at Pioneer Park to the City Council. Kelsey Doom, Brookings Area Chamber of
Commerce, shared positive comments about the Community Games held this past
weekend. Bonny Specker, City Council Member, acknowledged the concerns about
the PRIDE celebrations held in Brookings. She stated it is important for citizens to
speak and express their opinions. However, it is their opinion, and not necessarily fact.
Consent Agenda: A motion was made by Council Member Tilton Byrne, seconded by
Council Member Wendell, to approve the Consent Agenda. The motion carried by the
following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and
Specker.
A. Action to approve the June 14, 2022 City Council Minutes.
B. Action on appointment to the Brookings Disability Awareness Committee:
appoint Ramona Kauk (term expires 1/1/2024).
Proclamation. Mayor Niemeyer read a Proclamation declaring July 2022 as Park &
Recreation Month in the City of Brookings.
Mayoral Proclamation
Whereas, parks and recreation promotes health and wellness; and
Whereas, parks and recreation promotes time spent in nature, which positively impacts
mental health by increasing cognitive performance, and alleviating illnesses such as
depression, attention deficit disorders, and Alzheimer’s; and
Whereas, parks and recreation encourages physical activities by providing space for
activities designed to promote active lifestyles; and
Whereas, parks and recreation increases economic prosperity through increased
property values, increased tourism, the attraction and retention of businesses, and
crime reduction; and
Whereas, parks and natural recreation areas ensure the ecological beauty of our
community and provide a place for children and adults to connect with nature and
recreate outdoors; and
Whereas, Brookings recognizes the benefits derived from parks and recreation
resources.
Now, Therefore, Be It Resolved, that I, Oepke G. Niemeyer, Mayor of the City of
Brookings, do hereby proclaim July as Parks and Recreation Month.
Presentation: 211 Mobile App. Heidi Gullickson, United Way Executive Director,
shared the 211 mobile app with the City Council and members of the public. This app
is available for all, and covers the State of South Dakota, as well as being searchable
for resources in the Brookings area.
FIRST READING – Ordinance 22-023. Introduction and First Reading on Ordinance
22-023, an Ordinance to Rezone a portion of 3707 Main Avenue South from a Joint
Jurisdiction B-3 to a Joint Jurisdiction R-3A. Public Hearing and Action: July 12, 2022.
FIRST READING – Ordinance 22-024. Introduction and First Reading on Ordinance
22-024, an Ordinance to Permit by Conditional Use a Mixed Business/Residential Use
on Lot 13A of Block 2 in Folsom’s Addition, also known as 129 Main Avenue South.
Public Hearing and Action: July 12, 2022.
FIRST READING – Ordinance 22-025. Introduction and First Reading on Ordinance
22-025, an Ordinance to Rezone Lots 1 - 8 in Block 4 of Hill Park Addition from a
Residence R-2 Two-Family District to a Business B-2 District. Public Hearing and
Action: July 12, 2022.
Commercial Corridor Design Review Overlay District Site Plan. A motion was
made by Council Member Wendell, seconded by Mayor Niemeyer, that the Site Plan be
amended to remove the 5-foot landscaping requirement on the north side of the
property. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell,
Collins, Tilton Byrne, Avery, Doran, and Specker. A public hearing was held on a
Commercial Corridor Design Review Overlay District Site Plan for 134 Main Avenue
South. Public Comment: Ryan Hagedorn. A motion was made by Council Member
Collins, seconded by Council Member Wendell, that the Commercial Corridor Design
Review Overlay District Site Plan for 134 Main Avenue be approved as amended. The
motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne,
Avery, Doran, and Specker.
Resolution 22-048. A public hearing was held on Resolution 22-048, a Resolution of
Intent to Lease Hay Land located in the East 1/2 of Aamot Addition (located at the
Brookings Regional Landfill). A motion was made by Council Member Tilton Byrne,
seconded by Council Member Wendell, to approve Resolution 22-048. The motion
carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery,
Doran, and Specker.
Resolution 22-048 - Resolution of Intent to Lease Real Property
to Joshua Berndt, in the East 1/2 of Aamot Addition
Be It Resolved by the governing body of the City of Brookings, South Dakota, that the
City of Brookings intends to enter into a lease with Joshua Berndt, for a period of one
year, commencing on June 14, 2022 and ending December 31, 2022, with the option to
renew this Lease for two additional, one-year terms for 2022 and 2023. This lease
pertains to the following described property:
The designated hay land of 26 acres more or less in the East ½ of Aamot Addition, City
of Brookings, Brookings County, South Dakota.
The Lease will be an amount of $95.00 per acre for hay land annually, payable first half
on July 1 and the remaining half on November 1. The City of Brookings may terminate
this Lease at any time in the event a parcel of the above described property is to be sold
by the City of Brookings. If a portion of the leased land is sold, the number of acres to
be paid for will be adjusted at the unit price per acre.
Be It Further Noted, that a Public Hearing on this Resolution was held on June 14, 2022
at 6:00 o’clock P.M. in the Chambers of the City & County Government Center and that
all persons were given an opportunity to be heard on the intent to lease real property.
Temporary Alcohol Application. A public hearing was held on a Temporary Alcohol
Application from the Brookings Area Chamber, to host a series of events for Downtown
at Sundown on the 300 Block of 5th Street and the 400 Block of Main Avenue on July 21
and 28, and August 4, 11, and 18, 2022. A motion was made by Council Member
Tilton Byrne, seconded by Council Member Specker, that the Temporary Alcohol
Application be approved. The motion carried by the following vote: Yes: 7 - Niemeyer,
Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker.
Temporary Alcohol Application. A public hearing was held on a Temporary Alcohol
Application from RGO, Inc., dba Pheasant Restaurant & Lounge, to operate within the
City of Brookings, South Dakota on June 29, 2022 for a Brookings Community Theatre
Fundraiser to be held at Brookings Cinema 8, 219 6th Street. A motion was made by
Council Member Specker, seconded by Council Member Doran, that the Temporary
Alcohol Application be approved. The motion carried by the following vote: Yes: 7 -
Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker.
Progress Report. Chelsie Bakken, Public Information Officer, provided a progress
report highlighting the City’s activities/projects.
Adjourn. A motion was made by Council Member Specker, seconded by Council
Member Doran, that this meeting be adjourned at 7:04 p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
__________________________
Bonnie Foster, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ORD 22-026,Version:1
Introduction and First Reading on Ordinance 22-026, an Ordinance Amending Section 16(F) of
Ordinance 21-028, and Pertaining to Prohibited Locations for Licensing as Medical Cannabis
Establishments in the City of Brookings. Public Hearing and Action: July 26, 2022.
Summary:
Ordinance amendment permitting licensed medical cannabis dispensaries to be located within a
mixed business/residential structure.
Attachments:
Memo
Legal Notice
Ordinance
Ordinance - Marked
City of Brookings Printed on 7/7/2022Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Steve Britzman, City Attorney
Council Meeting: July 12, 2022 / July 26, 2022
Subject: Ordinance 22-026: Proposed Amendment of Section 16(f) of
Medical Cannabis Dispensary Ordinance 21-028
Presenter: Mike Struck, Community Development Director
Steve Britzman, City Attorney
Summary:
On August 24, 2021, the City of Brookings adopted Ordinance 21 -028, entitled “An
Ordinance Establishing Procedures for the Licensing of Medical Cannabis Dispensaries
in the City of Brookings, SD.” Ordinance 21-028 contains comprehensive city
regulations as a supplement to South Dakota Codified Law Chapter 34-20G pertaining
to medical cannabis dispensaries licensed in the City of Brookings. Section 16(f) of
Ordinance 21-028 provides that licensed medical cannabis dispensaries shall not be
located within any building containing a dwelling unit, a pediatrician’s office, hotel, motel
or lodging facility. The current ordinance, Ordinance 21-028, therefore precludes the
location of a medical cannabis dispensary within any mixed business/residential
structure, such as the 6th Street Centre, Lofts at Parkhill, and a majority of the downtown
buildings which have apartments located above, as well as the Lofts on Main.
The proposed ordinance continues to prohibit medical cannabis dispensaries within a
dwelling unit, but permits licensed medical cannabis dispensaries to be located within a
mixed business/residential structure.
Background:
The City of Brookings received an application for a medical cannabis dispensary to be
located within a mixed business/residential structure. The City Attorney reviewed our
Medical Cannabis Dispensary Ordinance, Ordinance 21-028, and determined that the
application was not eligible for licensing in the proposed location as the building
contains dwelling units on the second floor. Accordingly, the application was not
accepted for processing. This circumstance prompted a review of State law and the
City’s ordinance and it was determined that State law would not preclude a revision of
the City’s ordinance to permit the location of medical cannabis dispensaries within
mixed commercial/residential buildings. It is important to note medical cannabis cannot
be utilized within the licensed premises. A revision of the ordinance, as proposed,
would allow this applicant to re-submit an application for licensing within a mixed
commercial/residential building. A “Dwelling Unit” would remain ineligible as a location
for a medical cannabis dispensary.
Item Details:
The current ordinance reads as follows: “Section 16 f.: The licensed premises shall not
be located within any building containing a dwelling unit, a pediatrician’s office, hotel,
motel or lodging facility.”
As a result, if the building contains both dwelling units and commercial space, as the 6th
Street Centre and Lofts on Main do, for example, the current ordinance would preclude
leasing to a medical cannabis dispensary because of the dwelling units located on
upper floors. The proposed change would allow the owners of mixed use structures to
lease space to a medical cannabis dispensary, provided the licensed dispensary is
located within the commercial space of the structure and not within a dwelling unit.
Legal Consideration:
The City Attorney has reviewed the State medical cannabis law, SDCL 34-20G, and the
State Medical Cannabis Administrative Rules. The State medical cannabis laws and
regulations do not prohibit locating a medical cannabis dispensary within a mixed
business/residential structure. This is largely because State law allows the local
licensing authority to determine the time, place, and manner of operation of medical
cannabis establishments, including medical cannabis dispensaries.
Strategic Plan Consideration:
Sustainability – The proposed ordinance change will allow greater flexibility in the
location of medical cannabis dispensaries, while continuing to prohibit medical cannabis
dispensaries within dwelling units.
Financial Considerations:
A revision of the ordinance will allow the private sector to lease commercial space within
a building which includes both commercial space and dwelling units, as exemplified
above, to a medical cannabis dispensary.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a work session
5. Discuss / take no action / Table
Staff recommends approval of the ordinance as presented.
Supporting Documentation:
Memo
Ordinance – clean
Ordinance – marked
Legal Notice
Ordinance 22-026
An Ordinance Amending Section 16(F) of Ordinance 21-028, and Pertaining
to Prohibited Locations for Licensing as Medical Cannabis Establishments in the
City of Brookings
Be It Ordained and Enacted by the City Council of the City of Broo kings, State of South
Dakota, as follows:
I.
That Section 16, Subsection (f) of Ordinance 21-028 of the City of Brookings is hereby
amended to read as follows:
f. The licensed premises shall not be located within a dwelling unit or any
building containing a pediatrician’s office, hotel or motel or lodging facility. A
licensed premises may be located within a mixed business/residential
structure, provided the licensed premises is not located within a dwelling unit.
II.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading: July 12, 2022
Second Reading: July 26, 2022
Published:
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk
Created: 2022-02-16 15:43:51 [EST]
(Supp. No. 13)
Page 1 of 1
Sec. 26-476. Requirements of medical cannabis licensees.
A medical cannabis dispensary licensee is subject to the following requirements:
a. A licensee shall be prohibited from employing any employee under 21 years of age;
b. In accordance with SDCL 34-20G-67, a medical cannabis dispensary shall not share office space with or
refer a patient to a practitioner;
c. In accordance with SDCL 34-20G-68, a medical cannabis dispensary shall not permit any person to
consume cannabis upon the property of the licensed premises;
d. A licensed premises may only be located within a zoning district which permits a medical cannabis
dispensary as a permitted use;
e. The licensed premises shall be located no less than 1,000 feet from a public or private school existing
before the date of the medical cannabis dispensary application and no less than 300 feet from the
nearest property line of any religious institution, detention facility, or any other facility identified in this
ordinance or in state law that requires a distance separation from a licensed medical cannabis
dispensary. No cannabis dispensary shall operate within 300 feet of another cannabis dispensary.
Distances shall be measured from the closest point of the property lines including public rights-of-way;
f. The licensed premises shall not be located within a dwelling unit or any building containing a dwelling
unit, a pediatrician's office, hotel, motel or lodging facility; . A licensed premises may be located within
a mixed business/residential structure, provided the licensed premise is not located within a dwelling
unit.
( Ord. No. 21-028 , § I, 8-24-2021)
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act,
please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT the Brookings City Council will hold a public
hearing at 6:00 PM on Tuesday, July 26, 2022, in the Brookings City and County
Government Center Chambers, 520 Third Street, to consider adoption of a revision to
Section 26-476. Requirements of medical canabis licenses of the Municipal Code of
Ordinances, pertaining primarily to licensed premises. Any person interested may appear
and be heard in this matter.
Dated this 15th day of July 2022.
____________________________
Bonnie Foster
City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ORD 22-023,Version:2
Public Hearing and Action on Ordinance 22-023, an Ordinance to change the Zoning within the Joint
Jurisdictional Area surrounding the City of Brookings (a portion of 3707 Main Avenue South).
Summary:
Jack Petersen has submitted a request to rezone a portion of 3707 Main Avenue South from Joint
Jurisdiction B-3 to Joint Jurisdiction R-3A.
Recommendation:
The Development Review Team and staff recommend approval. The Planning Commission voted 5 -
0 recommending approval.
Attachments:
Memo
Ordinance
Legal Notice - City Council
Legal Notice - Planning Commission
Planning Commission Minutes
Application
Aerial Map
Zoning Map
Future Land Use Map
Final Plat
City of Brookings Printed on 7/7/2022Page 1 of 1
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City Council Agenda Memo
From: Ryan Miller, City Planner
City Council Meeting: June 28, 2022 / July 12, 2022
Subject: Ordinance 22-023: Request to rezone a portion of 3707
Main Avenue South from Joint Jurisdiction B-3 to Joint
Jurisdiction R-3A.
Person(s) Responsible: Mike Struck, Community Development Director
Summary:
Jack Petersen has submitted a request to rezone a portion of 3707 Main Avenue South
from Joint Jurisdiction B-3 to Joint Jurisdiction R-3A.
Background:
Jack Petersen owns roughly four acres of property near the intersection of South Main
Avenue and 38th Street South. The property includes Outlots 15, 16, 17 and 18. Outlot
15 (3707 Main Avenue) is currently zoned Joint Jurisdiction B-3 and includes a
residential dwelling, which is a nonconforming use in this zoning district. Outlots 16 - 18
are zoned Joint Jurisdiction Ag.
The applicant would like to add a new de tached garage onto the residence, which would
require a variance from the nonconforming clause, which limits expansions for
nonconforming uses; however, staff suggested the applicant seek a rezone as the
appropriate process for correcting the nonconforming use.
Item Details:
The petition would rezone a portion of Outlot 15 from Joint Jurisdiction B-3 to Joint
Jurisdiction R-3A. The applicant has submitted a replat which carves out the residential
portion into the proposed Lot A, a 21,000 square foot lot at the corner of South Main
Avenue and 38th Street South. The remainder of Outlot 15 would remain Joint
Jurisdiction B-3, but replatted as Lots B and C.
Property immediately to the north is zoned Joint Jurisdiction R-3A. Property to the west
and south is zoned Joint Jurisdiction B-3. Property to the east is zoned Joint
Jurisdiction Ag. Additionally, there is a strong presence of R-3A zoned residential
properties along the South Main Avenue corridor between 32nd Street South and the “S”
curve.
The area is classified as Urban Low Intensity according to the 2040 Comprehensive
Plan. This land use class is reserved for lower intensity uses than what is potentially
allowed in the R-3A Zoning District. Existing land use in the vicinity would support the
rezone request based on the zoning precedence of an established R-3A Zoning District
along this corridor.
Legal Consideration:
None.
Strategic Plan Consideration:
Economic Growth – the rezoning will preserve single family housing.
Financial Consideration:
None.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a study session
5. Discuss / take no action / table
The Development Review Team recommends approval. Staff recommends approval.
The Planning Commission voted 5 – 0 recommending approval of the rezone.
Supporting Documentation:
Ordinance
Legal Notice – City Council
Legal Notice – Planning Commission
Planning Commission Minutes
Application
Aerial Map
Zoning Map
Future Land Use Map
Final Plat
Ordinance 22-023
An Ordinance to Change the Zoning within the Joint Jurisdictional Area
surrounding the City of Brookings
Be It Ordained by the City of Brookings, South Dakota:
Section 1. That the real estate situated in the City of Brookings, County of Brookings, State
of South Dakota, described as follows, to-wit:
Lot A of Outlot 15 in the W ½ of the S ½ of the NE ¼ of Section 11, Township 109
North, Range 50 West from a Joint Jurisdiction Business B-3 Heavy District to a
Residence R-3A Multiple-Family and Mobile Home District.
In accordance with Section 800 of Article VIII of Appendix C-Joint Jurisdictional Area
Zoning, of the Brookings Joint Jurisdiction Ordinance, Brookings South Dakota, as said
districts are more fully set forth and described in Articles III, IV, V and VI or Ordinance No.
14-80 Appendix C 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. 14-80
Appendix C of the City of Brookings, South Dakota.
Section 3. All sections and ordinances in conflict herewith are hereby repealed.
First Reading: June 28, 2022
Second Reading and Adoption: July 12, 2022
Published: July 15, 2022
CITY OF BROOKINGS, SD
________________________
Oepke G. Niemeyer, Mayor
ATTEST:
________________________
Bonnie Foster, City Clerk
NOTICE OF PUBLIC HEARING
Ordinance 22-023
NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota,
will hold a public hearing at 6:00 p.m., CST, Tuesday, July 12, 2022, in the Brookings
City & County Government Center Chambers, 52 0 Third Street, to consider adoption of
a revision to the City Code of Ordinances, entitled Ordinance 2 2-023, an Ordinance to
Rezone a portion of 3707 Main Avenue South from a Joint Jurisdiction B -3 to a Joint
Jurisdiction R-3A. At which time and place all persons interested will be given a full, fair
and complete hearing thereon. Dated in Brookings, South Dakota, this 1st day of July,
2022.
CITY OF BROOKINGS
Bonnie Foster, City Clerk
Published one time at an approximate cost: $ .
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act,
please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
NOTICE OF HEARING
UPON PETITION TO REZONE
NOTICE IS HEREBY GIVEN that Jack Petersen has submitted a petition to rezone
the following described real estate in the Joint Jurisdiction Area of the City of Brookings
and Brookings County, South Dakota:
A portion of Outlot 15 of Outlots 15-16-17-18 inclusive of W1/2 S1/2 NE1/4 of
Section 11, T109N, R50W, also known as 3707 Main Avenue South.
The request is to rezone a portion of the above described real estate from a Joint
Jurisdiction Business B-3 Heavy District to a Joint Jurisdiction Residence R-3A Multiple
Family and Mobile Home District.
NOTICE IS FURTHER GIVEN that said request will be acted on by a joint meeting
of the City of Brookings and Brookings County Planning Commission at 8:00 PM on
Tuesday, June 7, 2022, in the Chambers Room on the third floor of the Brookings City &
County Government Center at 520 Third Street, Brookings, South Dakota. Any action
taken by the City Planning Commission is a recommendation to the City Council.
Any person interested may appear and be heard in this matter.
Dated this 27th day of May, 2022.
Ryan Miller
City Planner
City & County Joint Planning Commission
Brookings, South Dakota
June 7, 2022
OFFICIAL MINUTES
Chairperson Greg Fargen called the meeting of the City & County Planning Commission to order on
Tuesday, June 7, 2022, at 8:00 p.m. in the Chambers Room #310 on the third floor of the City &
County Government Center. City members present were James Drew, Jacob Mills, Lee Ann Pierce,
Roger Solum, and Fargen. Absent were Tanner Aiken, Justin Borns, Nick Schmeichel, and Gregg
Jorgenson.
County members present were Chairperson Chad Ford, Mike Bartley, Darrel Kleinjan, Neal Trooien,
Kyle Vanderwal, alternate Dale Storhaug, alternate-Roger Erickson. Absent were Spencar Diedrich,
Brian Gatzke, and Randy Jensen.
Also present were Community Development Director Mike Struck, City Planner Ryan Miller, County
Development Deputy Director Richard Haugen, Brookings County Development Director Robert Hill
and Jack Petersen.
Item #4a – Jack Petersen submitted a request to rezone a portion of Outlot 15 of Outlots 15, 16, 17,
and 18 inclusive of W1/2 S1/2 NE1/4 of Section 11, T109N, R50W, also known as 3707 Main Avenue
South from Joint Jurisdiction B-3 to Joint Jurisdiction R-3A.
(Drew/Solum) Motion by the City Planning Commission to approve the rezone request. All present
voted aye. MOTION CARRIED.
(Vanderwal/Bartley) Motion by the County Planning Commission to approve the rezone request. All
present voted aye. MOTION CARRIED.
OFFICIAL SUMMARY
Item #4a– This rezone will pertain to a section of Outlot 15, there is currently a residential dwelling on
this property. This property is currently zoned B-3 and therefore a request for a recent residential
addition would not work. But the best option for the applicant is to rezone to R-3A. There are other
properties in the area that are zoned residential and Business B-3.
Next meeting: June 13th @ 6:00 p.m.
The meeting was adjourned at 8:07 p.m.
______________________ __________________________
Ryan Miller Greg Fargen, Chairperson
City Planner
JJ-R3A
JJ-R1B
JJ-B3
JJ-B3
JJ-B3
JJ-B3
JJ-R3A
JJ-R3A JJ-R3A
JJ-R3A
JJ-A
JJ-A
Zoning map
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS,
FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri
5/31/2022
0 0.03 0.060.01 mi
0 0.05 0.10.03 km
1:2,779
Urban
Low
Open
Wetland
Open
Wetland
Future Land Use Map
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS,
FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri
5/31/2022
0 0.07 0.130.03 mi
0 0.1 0.20.05 km
1:5,558
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ORD 22-024,Version:2
Public Hearing and Action on Ordinance 22-024, an Ordinance pertaining to an Application for a
Conditional Use to establish a Mixed Business / Residential Use in a Business B-3 Heavy District
(known as 129 Main Avenue South).
Summary:
Todd Voss has applied for a Conditional Use Permit to build a mixed business / residential use in the
Business B-3 Heavy District. A mixed business / residential use is a conditional use in the B-3
District with the following standards:
·Such business uses shall be only those uses permitted in the respective zoning district
·Provisions set forth in section 94-41 shall govern all residential uses
Recommendation:
The Development Review Team recommends approval. Staff recommends approval. The Planning
Commission voted 5 - 0 recommending approval.
Attachments:
Ordinance
Memo
Legal Notice - City Council
Legal Notice - Planning Commission
Planning Commission Minutes
Location Map
Site Plan
Landscape Plan
Building Plans
Elevations
Conditional Use Permit Application
City of Brookings Printed on 7/7/2022Page 1 of 1
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City Council Agenda Memo
From: Ryan Miller, City Planner
City Council Meeting: June 28, 2022 / July 12, 2022
Subject: Ordinance 22-024: Conditional Use Permit for Mixed
Business / Residential Use on Lot 13A of Block 2 in
Folsom’s Addition (129 Main Avenue South)
Person(s) Responsible: Mike Struck, Community Development Director
Summary:
Todd Voss has applied for a Conditional Use Permit to build a mixed business /
residential use in the Business B-3 Heavy District. A mixed business / residential use is
a conditional use in the B-3 District with the following standards:
Such business uses shall be only those uses permitted in the respective zoning
district.
Provisions set forth in section 94-41 shall govern all residential uses.
Background:
The applicant is proposing to demolish and redevelop 129 and 133 Main Avenue South.
Currently, the B-3 Zone lots consist of two single-family residences, which have most
recently been rented. To the north, where 129 Main Avenue South currently sits, a two-
story, 40 x 100 mixed-use building is proposed with 4,000 square feet of retail space on
the ground floor and four 2-bedroom apartments on the second floor.
Item Details:
The Conditional Use Permit is for the mixed-use building which will consist of 4,000
square feet of retail space and four 2-bedroom apartments. The mixed-use
development will be accessed from Main Avenue South using an existing approach.
The access drive will run east-west to the shared parking area in the rear. Required
parking spaces for the mixed-use include 20 spaces for the retail use and twelve spaces
for the apartments. In all, the overall development will include 46 parking spaces.
Standards for approval include requiring business uses shall be only those permitted in
the respective zoning district and requiring all residential uses be subject to Section 94-
41 Nonconforming and nonstandard uses, buildings and structures. In the B-3 District,
a retail or service store is a permitted use. The residential uses will be subject to
Section 94-41 going forward, which limits certain expansions and remodels.
Legal Consideration:
None.
Strategic Plan Consideration:
Economic Growth – the project will allow an opportunity for additional rental housing
and business space.
Financial Consideration:
None.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a study session
5. Discuss / take no action / table
The Development Review Team recommends approval. Staff recommends approval.
The Planning Commission voted 5 - 0 recommending approval of the conditional use
permit request.
Supporting Documentation:
Ordinance
Legal Notice – City Council
Legal Notice – Planning Commission
Planning Commission Minutes
Location Map
Site Plan
Landscape Plan
Building Plans
Elevations
Conditional Use Permit Application
Ordinance 22-024
An Ordinance pertaining to an Application for a
Conditional Use to Establish a Mixed Business / Residential Use in a
Business B-3 Heavy District.
Be It Ordained by the governing body of the City of Brookings, South Dakota that said
Conditional Use Permit shall be approved to establish a mixed business / residential
use on Lot 13A of Block 2 in Folsom’s Addition, also known as 129 Main Avenue South.
All sections and ordinances in conflict herewith are hereby repealed.
First Reading: June 28, 2022
Second Reading: July 12, 2022
Published: July 15, 2022
CITY OF BROOKINGS, SD
__________________________
Oepke G. Niemeyer, Mayor
ATTEST:
________________________________
Bonnie Foster, City Clerk
NOTICE OF PUBLIC HEARING
Ordinance 22-024
NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota,
will hold a public hearing at 6:00 p.m., CST, Tuesday, July 12, 2022, in the Brookings
City & County Government Center Chambers, 52 0 Third Street, to consider adoption of
a revision to the City Code of Ordinances, entitled Ordinance 2 2-024, an Ordinance to
permit by Conditional Use a Mixed Business / Residential Use on Lot 13A of Block 2in
Folsom’s Addition, also known as 129 Main Ave nue South. At which time and place all
persons interested will be given a full, fair and complete hearing thereon. Dated in
Brookings, South Dakota, this 1st day of July, 2022.
CITY OF BROOKINGS
Bonnie Foster, City Clerk
Published one time at an approximate cost: $ .
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities
Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
NOTICE OF HEARING
UPON APPLICATION FOR CONDITIONAL USE PERMIT
NOTICE IS HEREBY GIVEN that Todd Voss has submitted an application for a
Conditional Use Permit on the following described real estate in the City of Brookings:
Lot 15, Block 3 of Folsom Addition, also known as 129 Main Avenue South.
The request is for mixed business/residential use in a Business B-3 Heavy District.
NOTICE IS FURTHER GIVEN that said request will be acted on by the City
Planning Commission at 5:30 PM on Tuesday, June 7, 2022, in the Chambers Room on
the third floor of the Brookings City & County Government Center at 520 Third Street,
Brookings, South Dakota. Any action taken by the City Planning Commission is a
recommendation to the City Council.
Any person interested may appear and be heard on this matter.
Dated this 27th day of May, 2022.
Ryan Miller
City Clerk
Planning Commission
Brookings, South Dakota
June 7, 2022
OFFICIAL MINUTES
Chairperson Greg Fargen called the meeting of the City Planning Commission to order on Tuesday,
June 7, 2022, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County
Government Center. Members present were James Drew, Jacob Mills, Lee Ann Pierce, Nick
Schmeichel via telephone, Roger Solum, and Fargen. Absent were Tanner Aiken, Justin Borns, and
Gregg Jorgenson. Also present were Community Development Director Mike Struck, City Planner
Ryan Miller, Jay Larsen, and Ryan Hagedorn,
Item #5c- Todd Voss submitted an application for a Conditional Use Permit on Lot 15, Block 3 of
Folsom Addition, also known as 129 Main Avenue South. This Conditional Use Permit is for a mixed
business/residential use in a Business B-3 Heavy District.
OFFICIAL SUMMARY
Item #5c – This permit is for a mixed-use building which will consist of retail space and apartments in
a Business B-3 District.
LOT
1
2
LOT
1
3
LOT
1
4
LOT
1
5
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ORD 22-025,Version:2
Public Hearing and Action on Ordinance 22-025, an Ordinance to change the Zoning within the City
of Brookings (Lots 1 - 8 in Block 4 of Hill Park Addition).
Summary:
CD Properties, on behalf of David Kneip and Todd Voss, is requesting to rezone Lots 1 - 8 in Block 4
of Hill Park Addition from a Residence R-2 Two-Family District to a Business B-2 District. The rezone
would include the north half of the 1200 block of 6th Street between 12th Avenue and 13th Avenue and
between 6th Street and the alleyway to the south.
Recommendation:
The Development Review Team recommends approval. Staff recommends approval. The Planning
Commission voted 3 - 2 recommending approval.
Attachments:
Memo
Ordinance
Legal Notice - City Council
Legal Notice - Planning Commission
Planning Commission Minutes
Location Map
Zoning Map
Future Land Use Map
Petition to Rezone
City of Brookings Printed on 7/7/2022Page 1 of 1
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City Council Agenda Memo
From: Ryan Miller, City Planner
City Council Meeting: June 28, 2022 / July 12, 2022
Subject: Ordinance 22-025: Rezone Lots 1-8, Block 4, Hill Park
Addition
Person(s) Responsible: Mike Struck, Community Development Director
Summary:
CD Properties, on behalf of David Kneip and Todd Voss, is requesting to rezone Lots 1
– 8 in Block 4 of Hill Park Addition from a Residence R-2 Two-Family District to a
Business B-2 District. The rezone would include the north half of the 1200 block of 6th
Street between 12th Avenue and 13th Avenue and between 6th Street and the alleyway
to the south.
Background:
Lots 1-8 in Block 4 of Hill Park Addition include eight homes all currently owned and
rented by David Kneip and Todd Voss. This block of homes is located between the
Lofts at Park Hill and the 6th Street Centre. The rezone would include approximately
1.68 acres of land along the historically residential, but transitioning 6th Street corridor.
Item Details:
The property is located along 6th Street between the Lofts at Park Hill and the 6th Street
Centre. The Lofts at Park Hill and 6th Street Centre are located in Planned
Development Districts with underlying B-2 Zoning. BankStar Financial, northeast of the
proposed rezone area across 6th Street, is also zoned Planned Development District
with B-2 underlying zoning. Property to the south, across an alleyway, and north,
across 6th Street, is zoned Residence R-2 Two-Family District. Significant B-2 Districts
are located within close proximity along 6th Street including the 6th Street and Medary
Commercial District and Jackrabbit Avenue – Campanile Avenue corridor. Additional
properties in the vicinity are zoned Business B-2A Office District and Residence R-3
Apartment District.
The 2040 Comprehensive Plan includes strategic development area policies for the 6 th
Street Corridor. This Strategic Development Area extends from 1st Avenue to 22nd
Avenue. Priorities for development along 6th Street based on public visioning for the
Comprehensive Plan includes promoting high-quality development and a mix of
complementary uses which allow the corridor to function as a cohesive business district
rather than a collection of unrelated businesses. The Comprehensive Plan includes a
special policy map for the 6th Street corridor which categorizes the rezone area as
Medium Density Residential / Mixed Use. A Medium Density Residential Land Use
category would not support a rezone to a Business B -2 District; however, the Mixed Use
category allows flexibility for areas which could benefit from additional life and activity
along the corridor.
Legal Consideration:
None.
Strategic Plan Consideration:
Economic Growth – the rezoning would support business development opportunities.
Financial Consideration:
None.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a study session
5. Discuss / take no action / table
The Development Review Team recommends approval. Staff recommends approval.
The Planning Commission voted 3 – 2 recommending approval of the rezone.
Supporting Documentation:
Ordinance
Legal Notice – City Council
Legal Notice – Planning Commission
Planning Commission Minutes
Location Map
Zoning Map
Future Land Use Map
Petition to Rezone
Ordinance 22-025
An Ordinance to change the Zoning within the City of Brookings
Be It Ordained by the City of Brookings, South Dakota:
Section 1. That the real estate situated in the City of Brookings, County of Brookings, State
of South Dakota, described as follows, to-wit:
Lots 1 - 8 in Block 4 of Hill Park Addition from a Residence R-2 Two-Family District
to a Business B-2 District.
In accordance with Section 94-7 of Article I 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 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 Articles III and IV,
Chapter 94 of the City of Brookings, South Dakota.
Section 3. All sections and ordinances in conflict herewith are hereby repealed.
First Reading: June 28, 2022
Second Reading and Adoption: July 12, 2022
Published: July 15, 2022
CITY OF BROOKINGS, SD
________________________
Oepke G. Niemeyer, Mayor
ATTEST:
________________________
Bonnie Foster, City Clerk
NOTICE OF PUBLIC HEARING
Ordinance 22-025
NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota,
will hold a public hearing at 6:00 p.m., CST, Tuesday, July 12, 2022, in the Brookings
City & County Government Center Chambers, 520 Third Street, to consider adoption of
a revision to the City Code of Ordinances, entitled Ordinance 2 2-025, an Ordinance to
Rezone Lots 1-8 in Block 4 of Hill Park Addition from a Residence R-2 Two-Family
District to a Business B-2 District. At which time and place all persons interested will be
given a full, fair and complete hearing thereon. Dated in Brookings, South Dakota, this
1st day of July, 2022.
CITY OF BROOKINGS
Bonnie Foster, City Clerk
Published one time at an appro ximate cost: $ .
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act,
please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
NOTICE OF HEARING
UPON PETITION TO REZONE
NOTICE IS HEREBY GIVEN that David Kneip and Todd Voss have submitted a
petition to rezone the following described real estate in the City of Brookings and
Brookings County, South Dakota:
Lots 1 – 8 in Block 4 of Hill Park Addition, also known as 515 13th Avenue, 1224 6th
Street, 1218 6th Street, 1212 6th Street, 1210 6th Street, 1206 6th Street, 1202 6th
Street and 516 12th Avenue.
The request is to rezone the above described real estate from Residence R-2 Two-Family
District to Business B-2 District.
NOTICE IS FURTHER GIVEN that said request will be acted on by the City
Planning Commission at 5:30 PM on Tuesday, June 7, 2022, in the Chambers Room on
the third floor of the Brookings City & County Government Center at 520 Third Street,
Brookings, South Dakota. Any action taken by the City Planning Commission is a
recommendation to the City Council.
Any person interested may appear and be heard in this matter.
Dated this 27th day of May, 2022.
Ryan Miller
City Planner
Planning Commission
Brookings, South Dakota
June 7, 2022
OFFICIAL MINUTES
Chairperson Greg Fargen called the meeting of the City Planning Commission to order on Tuesday,
June 7, 2022, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County
Government Center. Members present were James Drew, Jacob Mills, Lee Ann Pierce, Nick
Schmeichel via telephone, Roger Solum, and Fargen. Absent were Tanner Aiken, Justin Borns, and
Gregg Jorgenson. Also present were Community Development Director Mike Struck, City Planner
Ryan Miller, Jay Larsen, and Ryan Hagedorn,
Drew recused himself.
Item #4a – CD Properties on behalf of David Kneip and Todd Voss submitted a rezone request for
Lots 1 through 8 in Block 4 of Hill Park Addition. The request is to rezone from Residence R-2 Two-
Family District to Business B-2 District.
(Mills/Solum) Motion to approve the rezone request. Pierce and Solum voted no. All others voted
aye. MOTION CARRIED.
OFFICIAL SUMMARY
Item #4a – This is a rezone request of 8 lots along 6th Street between the Lofts at Park Hill and the 6th
Street Centre. This request is to rezone to a Business B-2 District. The adjacent zoning districts of the
area include B-2 underlying and Residential. This is a medium density residential and mixed use area
on our Future Land Use map within our Comprehensive Plan.
Commissioners received a letter from Jay and Kathy Larsen, 1347 5th Street. Larsens believe that city
staff have a responsibility to consider the effects to residential needs and what is the importance to
have more business development on Sixth Street at the loss of affordable housing (rental and home
ownership). The city staff needs to follow-up on the recent 6th Street zoning request approvals and the
builder’s compliance with bufferyards, landscaping, clean-up, lighting, noise, building requirements,
drainage, signage, and being “good neighbors.” Mr. Larsen also spoke to the Commission as he is
concerned about the most recent rezone that took place in the neighborhood. He feels that the
homeowners in these neighborhoods don’t have any opportunity to talk towards a project prior to these
public meetings and there are closed door meetings that these requests are discussed at prior to public
hearing. He hopes that if this is approved, there will be further monitoring of the project.
Drew explained that they plan to relocate these houses and will not be demolishing them.
Pierce asked if mixed use is allowed in a B-2 District. Miller explained that it is by permitted use.
Pierce is concerned with this request. She doesn’t feel that the uses within a B-2 District are the uses
that they had thought would be used, along 6th Street, when they worked on the Comprehensive Plan.
She feels that the vision that the Comp Plan showed for this area of town is not what is being planned
in this request. The Comp Plan has this as mixed residential use and not Business. Pierce feels that
this should be a Planned Development District (PDD) and not a Business B-2 District because there
would then be an opportunity for the commission to apply restrictions. Struck explained that the
intent of the Comp Plan with mixed-use was to apply either vertically or horizontally. In this case this
mixed-use could be the south half of the block being residential and the north half being business.
Also the Commercial Corridor Design Review Overlay District (CCDR) is more restrictive than what a
PDD is. However, the CCDR Overlay District doesn’t restrict uses but a PDD does, and in a CCDR
Overlay District they look at the design. Mills understands where Pierce is coming from, but the PDD
process can also come with many steps after the project is built when a minor modification is needed.
He feels that the CCDR District is a good review. Fargen also understands where Pierce is coming
from but he also feels the CCDR process will cover the review that is needed to have something come
in that will “fit” the area.
18PLAN ELEMENTS
FIGURE 8.1: Urban Strategy Areas - Policy Areas and Design Concept Callouts
D e s i g n C o ncept Area
D e s i g n C oncept Area
Civic20th AveJackrabbit Avenue14th AvenueCampanile Avenue12th Avenue11th Avenue9th Avenue8th Avenue7th Avenue6th Avenue5th Avenue3rd Avenue2nd Avenue1st Avenue3rd Street
4th Street
5th Street
6th Street
7th Street
8th StreetMain AvenueMedary Avenue22nd AveCivicCivicHDRHDR /
MUHDR
MDRCampus
Gateway
MDR
MDR
MDR MDR
MDR
MDR / MU
MDR / MU
HDR
MDRRSP
MU /
HDR
Civic
Civic Rest.Com.Off.Com.
RSPRSP
RSPRSP
RSPRSP
RSPRSPRSPRSP
DT DT
Off. Redev
Off. Redev.
DT DT
DT DT
CITY CENTER PLAZA ENHANCEMENT
more detail on page 156
more detail on page 157
more detail on page 158
MIXED USE SCALE
PROTOTYPE VILLAGE SQUARE ENHANCEMENT
6th Street
6th Street
6th Street
3rd Avenue17th Avenue1st AvenueMain AvenueMedary Avenue11th AvenueResidential Scale Preservation (RSP)
Medium Density Residential (MDR)
High Density Residential (HDR)
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 22-0284,Version:1
Public Hearing and Action on a Commercial Corridor Design Review Overlay District Site Plan for
129 & 133 Main Avenue South
Summary:
Todd Voss has submitted a Commercial Corridor Design Review application for a proposed
redevelopment project at 129 & 133 Main Avenue South. The proposal includes two new buildings
within the Commercial Corridor Design Review Overlay District.
Recommendation:
DRT and Staff recommend approval. The Planning Commission vote 5 in favor and one member
abstained with the following exceptions granted:
1)Approving an exception to allow a ten-foot average front yard setback for the second story of a
building
2)Approving an exception to reduce the required parking to forty-six spaces
Attachments:
Memo
Legal Notice - City Council
Legal Notice - Planning Commission
Planning Commission Memo
Location Map
Site Plan
Landscape Plan
Floor Plans
Elevations
Proposed Plat
Commercial Corridor Design Review Application
City of Brookings Printed on 7/7/2022Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Ryan Miller, City Planner
Meeting: July 12, 2022
Subject: Commercial Corridor Design Review – 129 & 133 Main
Avenue South
Person(s) Responsible: Mike Struck, Community Development Director
Summary:
Todd Voss has submitted a Commercial Corridor Design Review application for a
proposed redevelopment project at 129 & 133 South Main Avenue. The proposal
includes two new buildings within the Commercial Corridor Design Review Overlay
District.
Background:
The applicant is proposing to demolish and redevelop 129 and 133 Main Avenue South.
Currently, the lots consist of two single family residences which have most recently
been rented. The lots are zoned Business B-3 Heavy District. The redevelopment will
also include 141 Main Avenue South, which will be re-platted with 129 and 133 to
combine into a single new lot. No redevelopment is proposed at 141 Main Avenue
South, which is currently Aces Casino.
Item Details:
The redevelopment includes two new buildings. To the north, where 129 Main Avenue
South currently sits, a two-story, 40 x 100 mixed-use building is proposed with 4,000
square feet of retail space on the ground floor and four 2-bedroom apartments on the
second floor. This mixed-use proposal will require a separate Conditional Use Permit,
which the applicant is applying for alongside the Commercial Corridor Design Review.
To the south of this, a two-story office building is proposed. To the south again is Aces
Casino, which will not be redeveloped but is included in the overall site plan.
Because of the angle of Main Avenue South at this location, the mixed-use building will
be set back from Main Avenue South at an average distance of ten feet. The required
front yard setback in the B-3 district is twenty feet, however, the first floor of two-story
buildings within the Commercial Corridor Design Review Overlay District can be setback
ten feet closer to the lot line. The building will have an 11.97-foot front yard setback to
the north and an 8.03-foot setback to the south. The second story of this building will
have an average front yard setback of twenty feet. The building will also meet the side
and rear yard setbacks of five feet and twenty feet.
The two-story office building will also use an average front yard setback of ten feet. The
second story of this building, however, will not be setback an additional ten feet to
comply with the twenty-foot setback beyond the first story. This proposal would require
an exception to the front yard setback which can be granted through the commercial
corridor design review process rather than through the variance process.
The site will be accessed from Main Avenue at two locations which roughly match the
existing access locations for 133 and 141 Main Avenue South. The southern access
location will move slightly to the north in order to reconfigure parking and the access
aisle. The site will also have access to 2nd Street South from a rear alleyway. Based on
existing and proposed uses, the site will require roughly 51-52 parking spaces and 46
spaces are accounted for on the site plan. This calculation is based on 4,000 square
feet of retail space, four 2-bedroom apartments, roughly 2,300 square feet of office
space and roughly 1,100 square feet of casino space. The five parking space shortage
would be a second exception needed for approval.
The remaining standards within the Commercial Corridor Design Review Overlay
District will be met by the site plan and proposed building design . The proposal requires
a landscaping plan which has been submitted by the applicant. Proposed landscaping
includes the required ten-foot landscape area with the exception of locations where the
proposed buildings utilize an average ten-foot front setback. A five-foot landscape area
will be located in the side yard to the north. Three -foot foundation plantings will be
located along right-of-way facing facades as well as the west façade of th e office
building and a portion of the north façade of the mixed-use building. The south façade of
the mixed use building and the north and south façade of the office building will include
a two-foot foundation plantings.
Legal Consideration:
None.
Strategic Plan Consideration:
Economic Growth – the proposed project would support future business and residential
options.
Financial Consideration:
None.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a study session
5. Discuss / take no action / table
DRT and Staff recommend approval. The Planning Commission voted 5 in favor and 1
member abstained with the following exceptions granted:
1) Approving an exception to allow a ten-foot average front yard setback for the
second story of a building
2) Approving an exception to reduce the required parking to forty-six spaces
Supporting Documentation:
1. Legal Notice – City Council
2. Legal Notice – Planning Commission
3. Planning Commission Minutes
4. Location Map
5. Site Plan
6. Landscape Plan
7. Floor Plans
8. Elevations
9. Proposed Plat
10. Commercial Corridor Design Review Application
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act,
please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
NOTICE OF HEARING
UPON AN APPLICATION FOR APPROVAL OF
COMMERCIAL CORRIDOR DESIGN REVIEW OVERLAY DISTRICT
NOTICE IS HEREBY GIVEN that Todd Voss has submitted an application for approval
of a Commercial Corridor Design Review Overlay District site plan on the following described
real estate:
The North Half of Lot 13 and Lots 14 – 16 in Block 3 of Folsom Addition also known as
129, 133 and 141 Main Avenue South.
NOTICE IS FURTHER GIVEN that said application will be acted on by the City Council
at 5:30 PM on Tuesday, July 12, 2022, in the Chambers Room on the third floor of the
Brookings City and County Government Center at 520 Third Street, Brookings, SD.
Any person interested may appear and be heard in this matter.
Dated this 1st day of July, 2022.
____________________________
Ryan Miller
City Planner
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act,
please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
NOTICE OF HEARING
UPON AN APPLICATION FOR APPROVAL OF
COMMERCIAL CORRIDOR DESIGN REVIEW OVERLAY DISTRICT
NOTICE IS HEREBY GIVEN that Todd Voss has submitted an application for approval
of a Commercial Corridor Design Review Overlay District site plan on the following described
real estate:
The North Half of Lot 13 and Lots 14 – 16 in Block 3 of Folsom Addition also known as
129, 133 and 141 Main Avenue South.
NOTICE IS FURTHER GIVEN that said application will be acted on by the Planning
Commission at 5:30 PM on Tuesday, June 7, 2022, in the Chambers Room on the third floor
of the Brookings City and County Government Center at 520 Third Street, Brookings, SD. Any
action taken by the City Planning Commission is a recommendation to the City Council.
Any person interested may appear and be heard in this matter.
Dated this 27th day of May, 2022.
____________________________
Ryan Miller
City Planner
Planning Commission
Brookings, South Dakota
June 7, 2022
OFFICIAL MINUTES
Chairperson Greg Fargen called the meeting of the City Planning Commission to order on Tuesday,
June 7, 2022, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County
Government Center. Members present were James Drew, Jacob Mills, Lee Ann Pierce, Nick
Schmeichel via telephone, Roger Solum, and Fargen. Absent were Tanner Aiken, Justin Borns, and
Gregg Jorgenson. Also present were Community Development Director Mike Struck, City Planner
Ryan Miller, Jay Larsen, and Ryan Hagedorn,
Item #1 – Roll Call
Item #2 - (Mills/Pierce) Motion to approve the agenda. All present voted aye. MOTION CARRIED.
Item #5b- Todd Voss submitted an application for approval of a Commercial Corridor Design Review
Overlay District site plan on the North Half of Lot 13 and Lots 14 through 16 in Block 3 of Folsom
Addition, also known as 129, 133 and 141 Main Avenue South.
(Solum/Pierce) Motion to approve the site plan with the exceptions granted 1. Approving an exception
to allow a ten-foot average front yard setback for the second story of a building, 2. Approving an
exception to reduce the required parking to forty-six spaces. Pierce abstained. All others voted aye.
MOTION CARRIED.
The meeting adjourned at 7:15 p.m.
_______________________ _________________________________
Ryan Miller, City Planner Greg Fargen, Chairperson
Planning Commission
Brookings, South Dakota
June 7, 2022
OFFICIAL SUMMARY
Chairperson Greg Fargen called the meeting of the City Planning Commission to order on Tuesday,
June 7, 2022, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County
Government Center. Members present were James Drew, Jacob Mills, Lee Ann Pierce, Nick
Schmeichel via telephone, Roger Solum, and Fargen. Absent were Tanner Aiken, Justin Borns, and
Gregg Jorgenson. Also present were Community Development Director Mike Struck, City Planner
Ryan Miller, Jay Larsen, and Ryan Hagedorn,
Item #5b – This review is for the proposal of two new buildings and will demolish the current
buildings on 129 and 133 Main Avenue South. This plan will replat the current lots into a new single
lot. The proposal is for two new buildings, a mixed use building with apartments and retail space and
a two-story office building. Due to the angle of Main Avenue South at this location, the mixed-use
building will be set back from Main Avenue South at an average distance of ten feet. The required
setback in the B-3 district is twenty feet but the first floor of a two-story building within the CCDR
Overlay District can be setback ten feet closer to the lot line. The side and rear yard setbacks are met.
The proposed parking will be short by 5 or 6 parking spaces. Staff recommends approval with the
exceptions granted 1. Approving an exception to allow a ten-foot average front yard setback for the
second story of a building, 2. Approving an exception to reduce the required parking to forty-six
spaces.
The meeting adjourned at 7:15 p.m.
______________________ __________________________
Ryan Miller, City Planner Greg Fargen, Chairperson
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