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Agenda ItemLocations

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April 20, 2020Planning and Zoning Board Meeting

Subdivision AuthorityPublic Areas

TownLakes

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1

MINUTES OF THE LINCOLN COUNTY PLANNING COMMISSION March 16, 2020

COUNTY PLANNING COMMISSION MEMBERS PRESENT: Erik Scott, Jerry Jongeling, Monty Derousseau, Tiffani Landeen, and Jerry JongelingGary Pasbhy

STAFF PRESENT: Toby Brown & Joan Doss - County Planning

PUBLIC PRESENT (sign-in sheet): Chris Crossan

1. CALL TO ORDER AND ROLL CALL The regular meeting was called to order on March 16, 2020 at 6:30pm in the Commission Meeting Room of the Lincoln County Courthouse by Chairman Derousseau.

2. APPROVAL OF FEBRUARY 18, 2020 MINUTES Landeen motioned to approve the minutes by adding the Lennox Tax District Resolution text and was seconded by Pashby. The motion passed unanimously (5-0).

3. APPROVAL OF AGENDA Landeen motioned to approve the agenda by removing items 6-9 and was seconded by Jongeling. The motion passed unanimously (5-0).

4. OPPORTUNITY FOR PUBLIC COMMENT NOT INVOLVING ITEMS ON THE AGENDA - none

5. PUBLIC HEARINGS

a. CONDITIONAL USE PERMIT / USE-0006-2020: Application for a Conditional Use Permit to allow an accessory building to exceed 1,500 square feet – requesting an 18’x36’ addition for a total of 5,022 square feet. The property is legally described as the West 102’ of the East 502’ of the South 264’ and Tract 1 of Pedersons Addition, except Lot H-1, in the southeast quarter of the southeast quarter (SE1/4SE1/4) of Section 3, Township 98 North, Range 50 West of the 5th Principal Meridian, Lincoln County, South Dakota. Applicant/Owner: Christopher and Cali Crossan Location: 47390 280th St – Worthing

Staff Presentation: Toby presented the application, noted the application conformed with the ordinance regulations, and listed the recommended conditions as follows:

1. The project (accessory building) is substantially developed in accordance with Exhibit A or as modified by the Planning Commission.

2. The Conditional Use Permit shall be valid for a period of two (2) years from this date and if not commenced shall expire on March 24, 2022. Prior to said expiration date, the applicant may apply for an extension of time, provided this approval shall not be extended beyond March 24, 2023.

3. A building permit must be issued prior to the commencement of construction. Public Comment: Chris Crossan, the applicant, noted he is looking for more storage space, and that the addition would be a traditional lean-to style. Derousseau asked for public comment, hearing none he closed the floor. Discussion & Action: Jongeling motioned to approve with conditions as recommended and was seconded by Scott. The motion passed unanimously (5-0)

b. REVIEW CONDITIONAL USE PERMIT / 18-CUP-026: Review of Conditional Use Permit allowing a vehicle storage and auction facility and offices. The property is legally described as the East 72.42 acres of Government Lots 1 and 2 except Lots H-1 and H-2 and Lot BP in the Southwest quarter (SW1/4) of Section 18, Township 99 North, Range 50 West and Lot BP in the East 72.42 acres of Government Lot 1 of the Southwest quarter (SW1/4) of Section 18, Township 99 North, Range 50 West of the 5th Principal Meridian, Lincoln County, South Dakota. Applicant/Owner: Eric Willadsen, Willadsen Lund Engineering/Tatanka Development LLC Location: 47028 276th Street - Lennox

2

Staff Presentation: Toby presented the application and noted the original permit conditions required steel fencing on the east and south sides of the property, which the property is not in compliance with. Toby then listed the recommended conditions as follows, specifically amending number 11 from the current conditions:

1. The use allowed by this Permit is limited to a vehicle storage and auction facility and offices. No other use, including but not limited to the sale of parts, vehicle wrecking, and vehicle dismantling, and vehicle repair or service (incidental or otherwise) is allowed.

2. No outdoor storage is allowed or permitted except for vehicle storage areas as shown on the approved site plan.

3. This use shall be operated in a manner that does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the County.

4. The property shall be kept in a neat and orderly condition at all times. 5. Any exterior lighting shall be directed downwards and shall not create any light glare or spillage onto

adjacent property. 6. Driveways, parking lots, or loading/unloading areas shall be constructed with a hard surface. Vehicle

storage areas may be gravel surfaced. 7. The applicant shall ensure that employees and customers park on the subject property. 8. The applicant shall not deposit any snow or improperly direct water onto neighboring properties so as to

constitute a nuisance. 9. The Planning Department reserves the right to enter and inspect the property at any time, after proper notice

to the owner, to ensure that the property is in full compliance with the approved permit conditions and the Lincoln County Zoning Ordinance.

10. If at any time the use ceases to exist, or changes ownership, the owner shall notify Lincoln County Planning and Zoning.

11. Construction of chain link fencing along all sides of the property with privacy slats in the chain link fencing.

Public Comment: Eric Willadsen, available by phone, noted that the DOT objected to the steel fencing because of snow drifting concerns, but that the property owners are agreeable to installing the vinyl slats around the property. Derousseau asked for public comment, hearing none he closed the floor. Discussion & Action: Landeen motioned to amend the permit conditions as recommended, along with the two findings of fact as stated in the staff report. The motion was seconded by Scott. The motion passed unanimously (5-0).

6. OLD BUSINESS – Removed from agenda 7. OPEN DISCUSSION FOR COMMISSION MEMBER FOR ISSUES NOT ON THE AGENDA –

Removed from agenda 8. REPORT OF LINCOLN COUNTY BOARD OF COMMISSIONERS’ REPRESENTATION –

Removed from agenda

9. NEW BUSINESS – Removed from agenda 10. ADJOURNMENT Landeen motioned to adjourn at 6:45pm and was seconded by Jongeling. Motion passed unanimously (5-0).

Respectfully submitted, Joan Doss Planner

Planning Commission Bylaws Lincoln County, South Dakota

Article I

Organization Section 1. Authorization; Composition. These Bylaws are adopted pursuant to SDCL 11-2 for the Lincoln County Planning Commission, which shall consist of seven (7) members. The Commission shall include one (1) Lincoln County Commissioner; the remaining six (6) shall be appointed by the Lincoln County Board of County Commissioners in accordance with South Dakota Codified Laws for a term of four (4) years beginning February 1st and ending January 30th. One member shall be appointed from each district and one member, who is actively involved with livestock production, will be appointed at large. No member shall be appointed for more than two consecutive four-year terms. Section 2. Officers. The officers of the Planning Commission shall be a chairperson and vice-chairperson elected for one year terms at the second meeting of the Planning Commission in each calendar year. There shall be no term limits imposed on either the chairperson or vice-chairperson. The elected officers of the Planning Commission must be elected from the appointed Planning Commission members. Section 3. Chairperson. The chairperson shall be a voting member of the Planning Commission and shall: Call meetings of the Planning Commission; Preside at meetings and hearings; Act as spokesperson for the Planning Commission; Sign documents for the Planning Commission; Transmit reports and recommendations to the Lincoln County Board of County

Commissioners; and Perform other duties approved by the Planning Commission.

Section 4. Vice-Chairperson. The vice-chairperson shall exercise the duties of the chairperson in the absence, disability, or disqualification of the chairperson. In the absence of the chairperson and vice-chairperson, an acting chairperson shall be elected by the members present. Section 5. Secretary. The secretary of the Lincoln County Planning Commission shall be the Planning Director or a duly authorized representative. The secretary shall be responsible for: Providing notice of all meetings with assistance from the County Auditor; Preparing each Planning Commission meeting agenda; Keeping minutes of all meetings and hearings; Maintaining Planning Commission records as public records; Attending to Planning Commission correspondence; and Performing other duties normally carried out by a secretary.

Revised May 20, 2019 2

Section 6. Alternates. The voting members named in Article I, Section 1 shall designate two (2) official alternates to attend any meeting of the Planning Commission in the absence of the voting member; said alternate shall exercise all voting rights of that voting member. Designation of alternates shall be made at the February Planning Commission meeting of each calendar year and shall be effective for the following calendar year. The chairperson shall announce at the beginning of any meeting for which member they are serving as alternate.

Article II Meetings

Section 1. Time and Place. One regular meeting per month is hereby established for the Planning Commission. Said meeting shall be held on the third Monday of each month, beginning at 6:30p.m., in the Lincoln County Courthouse, Commission Meeting Room, and shall be open to the public. Meeting dates that conflict with Lincoln County Holidays or Administrative Leave will be rescheduled to the day after the holiday. Special meetings may be called by the chairperson upon twenty-four (24) hours notice, or upon the written request to the secretary by at least two members. Section 2. Agenda. A written agenda shall be furnished by the County Planning Director to each member of the Planning Commission. The agenda shall be posted at least five (5) calendar days prior to each regular meeting, and at least twenty-four (24) hours prior to a special meeting. Items may be added to the agenda at a meeting by majority vote. The order of business for meetings shall be as follows: 1. Call to order and roll call. 2. Approval of minutes. 3. Approval of agenda. 4. Opportunity for public comment not involving items on the agenda. 5. Scheduled public hearings (if any). 6. Old Business. 7. Open discussion for commission members for issues not on the agenda. a. Correspondence received. b. Comments from Planning Commission members. 8. Report of Lincoln County Board of County Commissioners’ representation (if necessary). 9. New business. a. Setting public hearing dates. b. Other new business. 10. Adjournment. Section 3. Quorum. A majority of the members of the Planning Commission shall constitute a quorum. A quorum shall be present before any business is conducted other than rescheduling the meeting. A quorum for the conduct of business at any meeting shall be four members of the Planning Commission. No action shall be taken in the absence of a quorum, except to adjourn the meeting to a subsequent date and/or to continue any agenda items until a future meeting. Section 4. Rules of Order.


The Chairperson shall govern the conduct of meetings except as otherwise provided by these Bylaws. Section 5. Voting Planning Commission Action. A member must be present to vote. Each member shall vote on every question unless disqualified by law. The question of disqualification shall be decided by the member affected, who shall announce the reason for disqualification, give it to the chairperson in writing, have it placed in the minutes, and refrain from deliberating or voting on the questions. In all applications coming before the Planning Commission, the affirmative vote of a majority of those present and voting shall be required to approve, approve with conditions or modifications, or deny an application, or to forward a recommendation to the Board of County Commissioners. In the event of a tie vote in a land use application, the item will be forwarded to the Board of County Commissioners without recommendation. In the event of a tie vote on an item other than a land use application, the motion shall be defeated. The Chairperson may vote on all matters to come before the Planning Commission. Members voting shall be in attendance at the meeting or shall participate via teleconference as permitted by state law. Section 6. Attendance. The secretary shall be responsible for maintaining an attendance record for each Planning Commission member and report those records annually to both the Planning Commission and the Lincoln County Board of County Commissioners. The meeting minutes shall show the members in attendance at each meeting. Section 7. Absences, Removals, Resignations and Vacancies. To be excused, members of the Planning Commission shall notify the Director when they intend to be absent from a meeting. Failure to make this notification prior to the meeting shall result in an unexcused absence. Members of the Planning Commission may be removed by a majority vote of the Lincoln County Board of County Commissioners. Such a removal may be determined only after a hearing on the matter. Successors shall serve out the unexpired term of the member being replaced. A member may resign from the Planning Commission by sending a letter of resignation to the Chairperson of the Lincoln County Board of County Commissioners or chairperson of the Planning Commission. Section 8. Conduct. Except for public hearings, no person shall speak at a Planning Commission meeting unless invited to do so by the Planning Commission. During the opportunity for public comment, each speaker will be limited to 5 minutes, and shall limit their comments to topics and items that are not included on the agenda. Any comments relating to items on the agenda shall be ruled out of order.

Article III Public Hearings

Section 1. Notice. The secretary shall give the notice required by statute or ordinance for all public hearings conducted by the Planning Commission.


Section 2. Procedure. All public hearings held by the Planning Commission must be held as part of a regular or special meeting of the Planning Commission. The following rules of procedure shall apply to public hearings held by the Planning Commission: 1. Chairperson opens the public hearing and announces the subject. 2. Chairperson summarizes the procedures/rules to be followed during the hearing. 3. Staff provides a summary of the staff analysis. 4. Commission members may ask the Applicant questions about the proposal. 5. Persons speaking in support of the application are recognized. 6. Persons speaking in opposition to the application are recognized. 7. Chairperson closes the public hearing and returns to the regular/special meeting. 8. Planning Commission begins deliberation and arrives at a decision. Note: To ensure everyone has the opportunity to speak, the chairperson may elect to limit the time permitted for each person to speak, except that the applicant may be permitted additional time as the chairperson allows. The chairperson may also elect to allow persons to speak only once, until all persons have had the opportunity to speak, at which time the chairperson may permit additional comments. All comments by the public and members of the Planning Commission shall be directed to the chairperson. All comments shall be related to the land use request; unrelated comments shall be ruled out of order.

Article IV Records

Section 1. Minutes. The secretary shall record all meetings and hearings of the Planning Commission. The secretary shall prepare minutes of each meeting for approval by the Planning Commission at the next regular meeting. The minutes shall contain a brief synopsis of the meeting, including a complete restatement of all motions and records of votes, conditions or recommendations made on any action and record of attendance. Minutes shall be maintained as public records. Section 2. Reports. The secretary shall assist in the preparation and forwarding of all reports and recommendations of the Planning Commission in appropriate form. Copies of all notices, correspondence, reports and forms shall be maintained as public records.

Article V Adoption and Amendment

Section 1. Adoption. These rules were adopted by vote of a majority of the members of the Planning Commission at a regular public meeting on May 20, 2019 February 17, 2009. Motion to approve by Klatt and seconded by Landeen. Motion passed 5-0. Section 2. Amendment.


These rules may be amended at any regular meeting of the Planning Commission by majority vote of the members of the Planning Commission at least seven (7) calendar days after the written amendment is delivered to all members.

Amended - May 20, 2019 Amended - April 20, 2020

USE-0011-2020 – 47873 US Hwy 18

Page 1 of 2

Planning and Zoning Department Staff Report Planning Commission Meeting April 20, 2020

Application #: USE-0011-2020 (Conditional Use Permit)

Applicant/Owner: Jason Bryant/Paulette Frislie

Parcel #: 098.49.16.E0B

Site Address: 47873 US Hwy 18 - Canton (See Attachment 1)

Legal Description: Tract 1 of Lot B in Vanwoudenberg’s Addition in the southeast quarter (SE1/4) of Section 16,

Township 98 North, Range 49 West of the 5th Principal Meridian, Lincoln County, South Dakota.

Land Area: 1.11 Acres

Existing Zoning: C-Commercial

Existing Land Use: Warehousing and office

Request:

The applicant requests the approval of a Conditional Use Permit to construct 5 warehousing/mini-storage buildings, for a

total of 15,200 square feet in addition to the existing 3,888 square foot warehousing/office building. This would bring the

total building square feet on the premise to 19,088 square feet.

Pursuant to the County’s Zoning Ordinance, warehousing in the Commercial district that exceeds 10,000 square feet on

the premise is permitted if a conditional use has been obtained.

Evaluation:

Section 19.09 of the County’s Zoning Ordinance requires that three findings be made prior to the approval of a Conditional

Use Permit. The required findings are listed below in bold italics and are followed by an evaluation.

1. The impact of the proposed use on adjacent properties shall be a major consideration. The proposed use should

be generally compatible with adjacent properties and other properties in the district.

The land use designation of the subject property is the Urban Expansion Area for the City of Canton. The

Comprehensive Plan includes the goal to provide for orderly, efficient, and economical development in the county.

The Comprehensive Plan also relies on the Development Standards contained in the Zoning Ordinance to regulate

the construction of warehousing buildings within the county. The project is consistent with the Development

Standards located in the Zoning Ordinance and is therefore consistent with the Comprehensive Plan.

2. Measures shall be taken to ensure that the proposed use does not alter the general character of the area or

neighborhood.

Warehousing structures are permitted, provided they meet the development standards of the zone. The table below

includes the applicable Development Standards of within the C-Commercial zoning district. As shown in Table 1

below, the proposed structures comply with the pertinent development standards.

Table 1: Applicable Development Standards

Criteria “C” Zoning

District

Proposed Structures

Front Yard Setback 30’ Meets – 30’

North Side Setback 10’ Exceeds – 25’

South Side Setback 10’ Meets – 10’

Rear Yard Setback 20’ Meets – 20’

Structure Height 35’ Meets – single story

USE-0011-2020 – 47873 US Hwy 18

Page 2 of 2

Note to Applicant and/or Developer: Please contact the Planning and Zoning Department staff at (605) 764-2938

prior to the Planning Commission meeting if you have any questions on any of the recommended conditions for

your project.

3. The effects of noise, odor, traffic, air and water pollution, and other negative factors shall be eliminated or

controlled through the use of screening, setbacks, and orientation.

The subject property is 1.11 acres, and as noted on the site plan submitted with the application, there is sufficient

room for the proposed structures to conform to the outlined standards in the zoning ordinance. Staff has reviewed

the proposed location, size, design, and operating characteristics of the structure and concludes the buildings are

compatible with the character of the property and the neighborhood. Furthermore, staff has not identified any

detrimental effects of this project upon the public health, safety, and welfare; or upon property or improvements in

the vicinity of the project site.

Public Notification:

In accordance with Section 19.05(A) of the Zoning Ordinance, a public notice of the Planning Commission hearing was

distributed to all property owners within 500 feet of the project site and a sign was posted on the property.

Other Agencies and Permitting:

The property owner will be required to apply for a building permit prior to construction of the proposed buildings.

Conclusion:

As proposed and conditioned, the project complies with the Lincoln County Comprehensive Plan and the Zoning

Ordinance. The project is consistent with the development standards of the C-Commercial zoning district, as well as with

the findings for approval of a Conditional Use Permit.

Recommendation:

The Planning and Zoning Department recommends the Planning Commission adopt the three (3) findings of fact as stated

in the evaluation of the staff report and approve the Conditional Use Permit – USE-0011-2020 subject to the following

conditions of approval:

1. The project (warehousing/mini-storage) is substantially developed in accordance with Exhibit A or as modified by

the Planning Commission.

2. The Conditional Use Permit shall be valid for a period of two (2) years from this date and if not commenced shall

expire on April 28, 2022. Prior to said expiration date, the applicant may apply for an extension of time, provided

this approval shall not be extended beyond April 28, 2023.

3. Appropriate building permits must be issued prior to the commencement of construction.

4. No additional warehousing structures, exceeding the total of 19,088 square feet, shall be allowed on the property,

without the issuance of a new CUP.

Attachments

1. Vicinity Map

Exhibits

A. Site Plan

USE-0012-2020 – 47050 Smith Circle

Page 1 of 2



Applicant/Owner: Keith Toczek/Chalet Holdings LLC

Parcel #: 100.50.31.H400

Site Address: 47050 Smith Circle - Harrisburg (See Attachment 1)

Legal Description: Tract 4 of Van Ningen’s Addition in the northeast quarter of the southeast quarter (SE1/4) of Section

31, Township 100 North, Range 50 West of the 5th Principal Meridian, Lincoln County, South Dakota.


Existing Zoning: C-Commercial

Existing Land Use: Warehousing

Request:

The applicant requests the approval of a Conditional Use Permit to allow the use and construction of a contractor’s shop

and storage yard. This property was recently rezoned to C-Commercial on December 26, 2019.

Pursuant to the County’s Zoning Ordinance, a contractor’s shop and storage yard in the C-Commercial district is permitted

if a conditional use has been obtained.

Evaluation:





The land use designation of the subject property is the Rural Commercial/Industrial Area. The Comprehensive Plan

includes the goal to support and encourage growth of the county’s economic base and promote the expansion of job

opportunities. The Comprehensive Plan also includes the policy of promoting optimum land use relationships and

minimizing land use conflicts within the Rural Commercial/Industrial areas. Additionally, the Comprehensive Plan

relies on the Development Standards contained in the Zoning Ordinance to regulate the construction of commercial

buildings within the county. The project is consistent with the Development Standards located in the Zoning

Ordinance and is therefore consistent with the Comprehensive Plan.


neighborhood.

Contractor shop structures are permitted, provided they meet the development standards of the zone. The table below

includes the applicable Development Standards of within the C-Commercial zoning district. As shown in Table 1

below, the proposed structures comply with the pertinent development standards.


Criteria “C” Zoning

District

Proposed Structures

Front Yard Setback 30’ Exceeds – 395’

East Side Setback 10’ Exceeds – 45’

West Side Setback 10’ Exceeds – 600±’

Rear Yard Setback 20’ Exceeds – 250±’

Structure Height 35’ Meets – 18’

USE-0012-2020 – 47050 Smith Circle

Page 2 of 2



your project.



The subject property is 13.18 acres, with sufficient room for the proposed structure to conform to the outlined

standards in the zoning ordinance. Staff has reviewed the proposed location, size, design, and operating

characteristics of the structure and concludes the use is compatible with the character of the property and the

neighborhood. Furthermore, staff has not identified any detrimental effects of this project upon the public health,

safety, and welfare; or upon property or improvements in the vicinity of the project site.





The property owner will be required to apply for a building permit prior to construction of the proposed buildings.

Conclusion:


Ordinance. The project is consistent with the development standards of the C-Commercial zoning district, as well as with

the findings for approval of a Conditional Use Permit.

Recommendation:




1. The project (contractor’s shop and storage yard) is substantially developed in accordance with Exhibit A or as

modified by the Planning Commission.

2. The Conditional Use Permit shall be valid for a period of two (2) years from this date and if not commenced shall

expire on April 28, 2022. Prior to said expiration date, the applicant may apply for an extension of time, provided

this approval shall not be extended beyond April 28, 2023.


4. No unscreened outdoor storage is permitted, and the property shall be kept in a clean and orderly manner at all times.

5. The property owner shall not deposit any snow or improperly direct water onto neighboring properties.

6. If at any time the use ceases to exist, or changes ownership, the owner shall notify County Planning Staff.

Attachments

1. Vicinity Map

Exhibits

A. Site Plan

USE-0018-2020 – 100.50.66.D200/100.50.66.D201

Page 1 of 2



Applicant/Owner: Herman Otten

Parcel #: 100.50.66.D200/100.50.66.D201

Site Address: Approximately 500 feet north of the intersection of 272nd St and 468th Ave – Tea (See Attachment 1)

Legal Description:

Original parcel – South 135’ of the West 360’ of Schoen Tract 2 in the Southwest quarter (SW1/4) of Section 26, Township

100 North, Range 51 West of the 5th Principal Meridian, Lincoln County, South Dakota.

Receiving parcel – Schoen Tract 2, except part sold, in the Southwest quarter (SW1/4) of Section 26, Township 100 North,

Range 51 West of the 5th Principal Meridian, Lincoln County, South Dakota.

Land Area: 6.8 Acres, total

Existing Zoning: A-1 Agricultural

Existing Land Use: Vacant

Request:

The applicant requests the approval of a Conditional Use Permit to allow the transfer of one (1) residential building

eligibility. Applicant notes he plans to combine the parcels and may subdivide the parcel in the future to use the eligibilities.

Pursuant to the County’s Zoning Ordinance, a transfer of building eligibilities is permitted if the parcels are adjacent, have

common ownership, and a conditional use has been obtained.

Evaluation:





The land use designation of the subject property is the Urban Expansion Area for the City of Tea. The Comprehensive

Plan includes the goal to provide a choice of living environments for county residents. The Comprehensive Plan also

includes the policy of promoting optimum land use relationships and minimizing land use conflicts within the Urban

Expansion areas. Additionally, the Comprehensive Plan relies on the Development Standards contained in the Zoning

Ordinance to regulate the use of building eligibilities within the county. The project is consistent with the

Development Standards located in the Zoning Ordinance and is therefore consistent with the Comprehensive Plan.


neighborhood.

Building eligibility transfers are permitted, provided they meet the development standards of the zone. The table

below includes the applicable Development Standards of within the A-1 Agricultural zoning district. As shown in

Table 1 below, the proposed structures comply with the pertinent ordinance regulations.


Eligibility Transfer Criteria Proposed Eligibility Transfer

Contiguous Parcels Meets criteria

Common Ownership Meets criteria

Suitability of building site Enough space for two future building sites

USE-0018-2020 – 100.50.66.D200/100.50.66.D201

Page 2 of 2



your project.

Minimum lot size of 1-acre Parcel will be 6.8± acres once combined,

which is a sufficient size for future platting



The subject property is 6.8 acres when combining both parcels, with sufficient room for two future residential building

sites to conform to the outlined standards in the zoning ordinance. Staff has reviewed the proposed location, size,

design, and operating characteristics of the structure and concludes the use is compatible with the character of the

property and the neighborhood. Furthermore, staff has not identified any detrimental effects of this project upon the

public health, safety, and welfare; or upon property or improvements in the vicinity of the project site.





The property owner will be required to apply for a building permit prior to construction of the proposed dwellings.

Conclusion:


Ordinance. The project is consistent with the development standards of the A-1 Agricultural zoning district, as well as

with the findings for approval of a Conditional Use Permit.

Recommendation:




1. The permit transfers a building eligibility to the property described as Schoen Tract 2, except part sold, in the SW1/4

of Section 26, Township 100 North, Range 51 West.


3. Individual lot shall be platted prior to use of the second building eligibility.

Attachments

1. Vicinity Map

Exhibits

A. Site Plan

USE-0020-2020 – 47390 280th Street

Page 1 of 2



Owner/Applicant: Chris Crossan

Parcel #: 100.50.31.H400

Site Address: 47390 280th Street - Worthing (See Attachment 1)

Legal Description: West 102’ of the East 502’ of the South 264’ and Tract 1 of Pedersons Addition, except Lot H-1, in

the southeast quarter of the southeast quarter (SE1/4SE1/4) of Section 3, Township 98 North, Range 50 West of the 5th

Principal Meridian, Lincoln County, South Dakota.



Existing Land Use: Single-family dwelling and accessory building

Request:

The applicant requests the approval of a Conditional Use Permit to allow a Class 1 Major Home Occupation for the sale

of motor vehicles and trailers.

Pursuant to the County’s Zoning Ordinance, a major home occupation in the A-1 Agricultural district is permitted if a

conditional use has been obtained.

Evaluation:





The land use designation of the subject property is Agricultural District. The Comprehensive Plan includes the goal

to promote aesthetically pleasing development in the agricultural areas. The Comprehensive Plan also includes the

policy of allowing the siting of business activities at appropriate location in the agricultural areas. The

Comprehensive Plan also relies on the Development Standards contained in the Zoning Ordinance to regulate the

operation of home occupations within the county. The project is not consistent with the Development Standards

located in the Zoning Ordinance, specifically, Section 12.0302(A)7 which states there shall be no outside storage,

display of goods, or external evidence of the occupation, and Section 12.030(A)10 which states there shall be only

limited and incidental sales of products on the premise. The application therefore is not consistent with the

Comprehensive Plan.


neighborhood.

Major home occupations are permitted, provided they meet the development standards of the zone. The table below

includes the applicable Development Standards of the A-1 Agricultural zoning district. As shown in Table 1 below,

the proposal would comply with the pertinent development standards.


Criteria “A-1” Zoning

District

Proposed Home Occupation

Front Yard Setback 50’ Exceeds – 85±’

East Side Setback 7’ Exceeds – 100±’

USE-0020-2020 – 47390 280th Street

Page 2 of 2



your project.

West Side Setback 7’ Exceeds – 175±’

Rear Yard Setback 30’ Exceeds – 64±’

Structure Height 35’ Meets – Existing single-story

structure

Parking Setback from

Front Property line

15’ Site plan shows the property has

sufficient room for criteria to be met



The subject property is 1.78 acres, while there is sufficient room for the proposed use to conform to the development

standards outlined in the zoning ordinance, there are four neighboring residential properties in the vicinity which

create a conflict in land use. Additionally, the operation characteristics of motor vehicle sales is not in conformance

with the operation standards of major home occupations. Staff has reviewed the proposed location, size, design, and

operating characteristics of the home occupation and concludes the use is not compatible with the character of the

property or the neighborhood.





No other concerns were noted by other agencies.

Conclusion:

As proposed, the project does not comply with the Lincoln County Comprehensive Plan and the Zoning Ordinance. The

project is not consistent with the development and operating standards, specifically Section 12.0302(A)7 and

12.0302(A)10 of the Zoning Ordinance, as detailed in the findings for approval of a Conditional Use Permit.

Recommendation:


in the evaluation of the staff report and not approve the Conditional Use Permit – USE-0020-2020.

Attachments

1. Vicinity Map

Exhibits

A. Site Plan

USE-0026-2019 - 100.50.64.N01B

Page 1 of 2


File #: USE-0026-2019 (Conditional Use Permit)

Applicant/Owner: Robert Hoffman/Tempo Soccer Club

Parcel #: 100.50.64.N01B

Site Address: North of the intersection of Austin Street and Ginger Avenue – Tea (See Attachment 1)

Legal Description: Lot 1B of Tempo Addition in the north half of the southwest quarter (N1/2SW1/4) of Section 24,

Township 100 North, Range 51 West of the 5th Principal Meridian, Lincoln County, South Dakota.



Existing Land Use: Private Outdoor Recreation Facility (USE-0026-2019)

Request:

To review Conditional Use Permit No. USE-0026-2019 for compliance with the conditions of permit approval. The review

is pursuant to Section 19.12 of the 2009 Revised Zoning Ordinance for Lincoln County, which reads as follows:

19.12 Review of Permit by Planning Commission. The following procedures shall be employed when acting upon reviews

of conditional use permits:

A. Basis for Review. Noncompliance with any of the terms, conditions or requirements placed on a conditional use permit

by Lincoln County is sufficient cause to subject such permit to review by the Lincoln County Planning Commission.

B. Procedure. If the Planning Director is reasonably satisfied there exists any noncompliance with the terms, conditions

or requirements of a conditional use permit, the Director shall give written notice of such noncompliance to the person,

firm, corporation or entity to which the permit was granted. Additionally, the Director shall advise the Planning

Commission of such noncompliance at its next regularly scheduled meeting. Upon such advisement, the Planning

Commission shall set a time for review of the permit at a subsequent regularly scheduled meeting. Such review will be

open to the public.

C. Notice of Review Hearing. At least ten (10) days prior to the hearing, the following shall occur:

1. The Planning Director shall give written notice of the review hearing to the person or entity for whom the permit

was authorized;

2. Notice of the hearing shall be published at least once by the Planning Director in a legal newspaper of the county;

3. The Planning Director shall be responsible for posting at least one sign on the property in such a manner so as to be

clearly visible from the street, road or other public right-of-way from which entrance or access to the property is

gained.

D. Hearing. In the event the Planning Commission determines by substantial evidence that such compliance has not been

established, it may do any of the following:

1. Revoke said permit.

2. Amend said permit.

3. Postpone action for a period of time it deems appropriate to allow the permit holder to comply with all terms,

conditions and requirements of the permit in question.

4. Require any other such action it deems appropriate and in accordance with the provisions of this Section.

E. Effect of Revocation. Any person, firm, corporation or entity to which a conditional use permit has been granted and

subsequently revoked by the Planning Commission or Board of County Commissioners may not apply for a conditional

use permit pursuant to Section 19.02 for a period of six months.

F. Appeal. Appeals from decisions made by the Planning Commission pursuant to this section shall commence and

proceed in accordance with Section 19.06.

USE-0026-2019 - 100.50.64.N01B

Page 2 of 2

Evaluation:

On May 20, 2019, the Planning Commission conditionally approved Conditional Use Permit application USE-0026-2019

for construction and operation of a private outdoor recreation facility and an associated site plan showing various required

improvements. The conditions of approval included the following:

1. This approval is for the project described per Conditional Use Permit (USE-0026-2019) to allow a private outdoor

recreation facility, except as modified with the conditions below.

2. Subject to staff approval, the parcel must be developed in substantial conformance with the site plan received with

the application on April 16, 2019.

3. The permittee will be required to obtain the necessary building permit(s), and the appropriate floodplain

development permit, if necessary.

4. The Planning Department or designated official(s) reserves the right to enter and inspect the property at any time,

after proper notice to the owner, to ensure that the property is in full compliance with the conditional use permit

conditions, all applicable regulations of the Lincoln County Zoning Ordinance and any other County, City, State

and Federal Codes, ordinances, resolutions and laws that may apply.

The property owner submitted a revised site plan to the Planning and Zoning office on February 23, 2020 that is not in

compliance with condition #2, which states “Subject to staff approval, the parcel must be developed in substantial

conformance with the site plan received with the application on April 16, 2019”. The updated site plan shows a change in

building size from 120’x80’ to a building size of 130’x600’.


In accordance with Section 19.12(C) of the Zoning Ordinance, a written notice of the Planning Commission hearing was

mailed to the applicant and property owner, a notice of the Planning Commission hearing was published in the legal

newspapers of the county, and a sign was posted on the property.

Other Agency:

The development was issued a floodplain development permit on March 22, 2019. The revised proposal will need to be

reviewed for compliance with floodplain regulations, and the permit approval will be extended once the review is complete.

Conclusion:

Staff’s opinion is that noncompliance with condition #2 is not grounds for revocation, and recommends the following

findings:

1. Conditional Use Permit No. USE-0026-2019 was approved by the Planning Commission on May 20, 2019.

2. The property owner submitted a revised site plan on February 23, 2020 that is not in compliance with condition #2.

Recommendation:

The Planning and Zoning Department recommends the Planning Commission open/close public hearing adopt the two (2)

findings of fact as stated in the conclusion section of the staff report and amend condition #2 of the Conditional Use Permit

– USE-0026-2019 as follows:

2. Subject to staff approval, the parcel must be developed in substantial conformance with the site plan dated February

23, 2020.

Attachments

1. Vicinity Map

Exhibits

A. Original Staff Report and Site Plan

B. Revised Site Plan, (February 23, 2020)


prior to the Planning Commission meeting if you have any questions on any of the recommended conditions for your

project.

May 20, 2019

TO: Lincoln County Planning Commission FROM: Planning and Zoning Department SUBJECT: Application for a Conditional Use Permit (Private outdoor recreation facility) FILE #: USE-0026-2019 APPLICANT/OWNER: Robert Hoffman/Tempo Soccer Club SITE ADDRESS: North of the intersection of Austin Street and Ginger Avenue, Tea, SD PERMIT TYPE: Private outdoor recreation facility PURSUANT TO: 2009 Revised Zoning Ordinance for Lincoln County, Article 3, Section 3.04(L) LEGAL DESCRIPTION: Lot 1B of Tempo Addition in the North half (N1/2) of the Southwest quarter (SW1/4) of Section 24, Township 100 North, Range 51 West of the 5th Principal Meridian, Lincoln County, South Dakota. PARCEL #: 100.50.64.N01B STAFF ANALYSIS: 1. Tempo Soccer Club owns an approximate 13.5-acre parcel, located in the N½ of the SW¼, of Section 24, Delapre

Township. The property is not improved. The property is in the “A-1” Agricultural Zoning District. 2. The applicants are requesting a Conditional Use Permit (CUP) to construct a soccer complex on the property. The

proposal consists of soccer fields and associated equipment. 3. The request is pursuant to Section 3.04(L) of the 2009 Revised Zoning Ordinance for Lincoln County, which reads

as follows: 3.04 Conditional Uses. A building or premises may be used for the following purposes in the A-1 Agricultural District if a conditional use has been obtained in conformance with the requirements of Article 19.00:

L. Private outdoor recreation facility. 4. No building/zoning permit has previously been issued on the parcel. The parcel was originally platted in 2014. 5. The subject parcel is adjacent to the corporate limits of the City of Tea and is within the City of Tea Urban Expansion

Area. Staff from the City of Tea indicated no concerns with the proposed conditional use permit and indicated that the site plan is currently under review/approval by the City of Tea.

6. The impact of the proposed use on adjacent properties shall be a major consideration. The proposed use should be generally compatible with adjacent properties and other properties in the district. The purpose of the 2009 Revised Zoning Ordinance for Lincoln County is to implement Lincoln County’s Comprehensive Plan in a way that will protect the general health, safety, and welfare of the citizens. To manage growth within the framework of the Development Plan and municipal comprehensive plans is a goal in the Comprehensive Plan. Section 3.04(L) of the Zoning Ordinance states that a private outdoor recreation facility is allowed with a conditional use permit. Staff finds that this proposal is consistent with the purpose of the Zoning Ordinance, the Lincoln County Comprehensive Plan, and other adopted policies of the County. (Criteria Satisfied)

7. Measures shall be taken to ensure that the proposed use does not alter the general character of the area or neighborhood. Staff finds that the proposed conditional use permit to allow the private outdoor recreation facility should not dominate the immediate area or prevent any other sites form being used due to the fact that 1) the parcels to the south, west and east are improved with more intensive commercial uses and 2) the proposed conditions of the conditional use permit seek to limit the intensity of the use. Based on this information, staff finds that the proposed

LINCOLN COUNTY PLANNING AND ZONING

conditional use permit meets this criterion. (Criteria Satisfied) 8. The effects of noise, odor, traffic, air and water pollution, and other negative factors shall be eliminated or

controlled through the use of screening, setbacks, and orientation. Staff has no data to suggest that the proposed use would cause substantial injury to other property in the area. In accordance with Section 19.05(A) of the 2009 Revised Zoning Ordinance for Lincoln County, notices of the proposed use were sent out to property owners within 500 feet of the subject property. To date, staff has received no concerns. (Criteria Satisfied)

PLANNING COMMISSION CONSIDERATION: If the Planning Commission orders approval of the permit application, the following conditions should be considered part of the permit: 1. This approval is for the project described per Conditional Use Permit (USE-0026-2019) to allow a private outdoor

recreation facility, except as modified with the conditions below. 2. Subject to staff approval, the parcel must be developed in substantial conformance with the site plan received with

the application on April 16, 2019. 3. The permittee will be required to obtain the necessary building permit(s), and the appropriate floodplain

development permit, if necessary. 4. The Planning Department or designated official(s) reserves the right to enter and inspect the property at any time,

after proper notice to the owner, to ensure that the property is in full compliance with the conditional use permit conditions, all applicable regulations of the Lincoln County Zoning Ordinance and any other County, City, State and Federal Codes, ordinances, resolutions and laws that may apply.

Zoning & Floodplain Layer – Lincoln County Parcel Browser

Pictometry Oblique, from the south – 4/09/2017

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