r 51 w r 49w 50 - lincolncountysd.org · applicant/owner: robert van peeren & adam kuper/adams...

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Agenda ItemLocations

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December 17, 2018Planning and Zoning Board Meeting

Subdivision AuthorityPublic Areas

TownLakes

#Agenda Items

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b a# c

1

MINUTES OF THE LINCOLN COUNTY PLANNING COMMISSION November 19, 2018

COUNTY PLANNING COMMISSION MEMBERS PRESENT: Darwin Sogn, Tyler Klatt, Ron Albers, Monty Derousseau, Jim Schmidt, Gary Pashby, and Stacey Namminga STAFF PRESENT: Toby Brown, Joan Doss - County Planning PUBLIC PRESENT (sign in sheet): Robert VanPeeren, Tony Ventura, & Geoff Ellerbroek. 1. CALL TO ORDER AND ROLL CALL The regular meeting was brought to order on November 19, 2018 at 7:00pm in the Commission Meeting Room of the Lincoln County Courthouse by Chairman Derousseau. 2. APPROVAL OF OCTOBER 15, 2018 MINUTES Pashby motioned to amend and approve the minutes by correcting the attendance from October 15, 2018, and was seconded by Schmidt. The motion passed unanimously (7-0). 3. APPROVAL OF AGENDA Pashby motioned to approve the agenda, and was seconded by Klatt. The motion passed unanimously (7-0). 4. PUBLIC HEARINGS

a. CONDITIONAL USE PERMIT / 18-CUP-041: Request for review and approval of a Conditional Use Permit to allow warehousing exceeding 20,000 square feet – requesting an additional 12,320 square feet. The property is legally described as W1653’ of Southwest quarter (SW1/4) Lying South of Railroad Right-of-Way, except Lots B & C, and except tract U1 of Canton Development Corporation First Addition, of Section 15, Township 98 North, Range 49 West of the 5th Principal Meridian, Lincoln County, South Dakota. Applicant/Owner: Robert Van Peeren & Adam Kuper/Adams Holdings LLC Location: 47920 5th West – Canton

Staff Analysis: SITE DESCRIPTION AND PRESENT USE. The subject site is located in Canton Township. The site is at the intersection of US Hwy 18 and 470th Avenue. The property currently has approximately 283,000 square feet of mixed warehousing and manufacturing space. The building was originally built in the 1970s, and expanded a number of times through conditional use permits in 2004, 2006, 2008, and 2010. SURROUNDING PROPERTIES AND NEIGHBORHOOD. The surrounding properties within Lincoln County’s jurisdiction are zoned “C” Commercial and “A-1” Agricultural, and have similar commercial uses including contractor’s shops and warehousing. The corporate limits of Canton are adjacent to the north and east. PROJECT DESCRIPTION. The applicant is proposing to construct a 12,320 square foot Quonset storage building in the existing parking lot on the northern side of the property. Staff Recommendation: Staff recommends APPROVAL for Conditional Use Permit 18-CUP-041 to allow construction of warehousing to exceed 20,000 square feet contingent upon the following conditions:

1. This permit allows for the construction of an 80’W x 154’L (12,230 square foot) warehousing building, in the general location as shown on the site plan submitted with the application.

2. The property shall be kept neat and orderly at all times. 3. The property owner shall not deposit any snow or improperly direct water onto neighboring properties. 4. 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.

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

If approved, the Lincoln County Planning Commission’s approval would include the following findings of fact: The Conditional Use Permit is generally in conformance with the Conditional Use Criteria in Section 19.09 of the Zoning Regulations for Lincoln County. Public Comment:

2

Toby Brown presented the staff report. Robert Van Peeren noted they would use the building to clean up the property a bit. Derousseau asked for public comment, hearing none, he closed the floor to public comment. Discussion & Action: Sogn motioned to approve the application with the recommended conditions, and was seconded by Albers. Pashby then motioned to amend Sogn’s motion to include the finding of fact, and was seconded by Klatt. The motion passed unanimously (7-0). Schmidt then motioned to approve the application with the recommended conditions and finding of fact, and was seconded by Klatt. The motion passed unanimously (7-0) Conditional Use 18-041 – Approved

5. OTHER MATTERS TO BE REVIEWED BY THE PLANNING COMMISISON - none 6. OPEN DISCUSSION FOR ISSUES NOT ON THE AGENDA

a. Correspondence received. None received. b. Comments from Planning Commission members. Schmidt asked about Mike Matzen’s CUP from last

month. Toby confirmed it was appealed and would be going before the county board on November 27th. c. Comments from the audience – none

7. REPORT OF LINCOLN COUNTY BOARD OF COMMISSIONERS’ REPRESENTATION – Schmidt noted he wished there was a way to have the entire board view the more controversial sites. 8. NEW BUSINESS

a. Setting public hearing dates – Toby updated the board about the progress at Summit Plumbing, and noted they are currently in compliance with the conditions aside from grass but will be installing sod in the spring due to the current time of the year. Geoff Ellerbroek also noted he will be installing a corner fence to screen the utility box as well. Toby concluded that staff does not recommend setting a public hearing to review the permit. Commission members agreed, and no hearing date was set.

b. Other new business – Judge John Pekas presented information about ex parte communications and the differences between quasi-judicial and non-quasi-judicial administrative decisions.

9. ADJOURNMENT Pashby motioned to adjourn at 8:10pm, and was seconded by Namminga. Motion passed unanimously (7-0). Respectfully submitted, Joan Doss Planner

1

STAFF REPORT

Prepared for the Lincoln County Planning Commission Agenda Item #4.a

December 17, 2018

LAND USE APPLICATION SUMMARY

File No: 18-CUP-042

Property Location: 46983 Monty St. – Tea

Applicant: OHA Companies LLC

Property Owner: OHA Companies PO Box 51 Tea, SD 57064

Description of Proposal: The applicant is proposing to utilize the property for equipment sales, display, and repair. Primarily ATVs, Snowmobiles, and related equipment. No new structures are proposed.

Background: The property currently has a 4,000 sq. ft. storage building with an office that was constructed in 2002. In 2002, the Planning Commission approved a request for an electrical contractor on the subject property. That conditional use permit (02-032) stipulated that “no outside storage of materials or equipment unless within a solid enclosed fence area”.

SITE DATA

Existing Zoning & Land Use “C” Commercial – warehouse/office

Lot Area 1 acre / 43,560 sq. ft.

Legal Description Lot 5 of Block 5 in the Hagedorn Industrial Park Addition in the Southeast quarter (SE1/4) of Section 25, Township 100 North, Range 51 West of the 5th Principal Meridian, Lincoln County, South Dakota.

Adjacent Zoning & Land Use

North: “C” Commercial – Monty Street, office/warehousing South: “I-1”Light Industrial – proposed contractor’s shop and storage yard East: “C” Commercial – motor vehicle sales, display, and service West: “C” Commercial – warehousing

Designated Future Land Use

Urban Expansion Area (2025 Future Land Use Map, Lincoln County Comprehensive Plan 2005-2025)

ATTACHMENTS

1. Oblique aerial photo/Zoning Map 2. Application with findings submitted by the applicant 3. Site plan

Department of Planning and Zoning

18-CUP-042

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STAFF ANALYSIS

CONDITIONAL USE PERMIT CRITERIA

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 subject property is zoned “C” Commercial. The proposed use, equipment sales, display, and repair, is a listed conditional use within the “C” Commercial District. It is staff’s opinion that the proposed use is compatible with surrounding property uses and any potential negative impacts on surrounding property can be mitigated through the conditions of approval.

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

The zoning of the subject site was changed in 2009 from the “A-1” Agricultural District to the “C” Commercial District. The proposal is in conformance with the intent for commercial uses to occur in the area. It is staff’s conclusion that the proposal is generally in conformance with the 2005 – 2025 Lincoln County Comprehensive Plan.

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.

There shall be no substantial negative effects to noise, odor, or air and water by the proposed use. A minimal increase in traffic may result but it should not be a negative impact. The proposed use of the equipment sales, display, and repair is unlikely to have detrimental effects; therefore, there would be no relative gain to the public health, safety, and welfare if this request were denied. The hardship imposed on the property owners if the CUP is denied would be that they would not be able to utilize the property for the proposed use they desire. Additionally, the proposed use is conditionally allowed in the commercial district, and as proposed, will not conflict with the standards provided in the commercial district. It is staff’s conclusion that adequate conditions can be included with the permit to minimize potential adverse impacts on adjoining property.

4. The conditional use is consistent with the applicable policies of the comprehensive plan.

The proposed development would be consistent with the following general land use policies of The Lincoln County 2005 – 2025 Comprehensive Plan:

Land Use Goal: A.2 To manage growth within the framework of the Development Plan and municipal comprehensive

plans. A.8 To support and encourage growth of the county’s economic base and promote the expansion of

job opportunities.

Land Use Policy: B.2.2 Promote cooperative efforts with the cities and service providers in dealing with development

issues in municipal fringe areas.

5. The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located.

If the requested land use application is approved, the proposal will comply with all provisions of the “C” Commercial zoning district and all, if any, specific development standards of the 2009 Revised Zoning Ordinance for Lincoln County.


18-CUP-042

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RECOMMENDATIONS

Recommendation: Staff recommends APPROVAL for Conditional Use Permit 18-CUP-042 to allow equipment sales, display, and repair warehousing on Lot 5 of Block 5 in the Hagedorn Industrial Park Addition in the Southeast quarter (SE1/4) of Section 25, Township 100 North, Range 51 West of the 5th Principal Meridian, Lincoln County, South Dakota, contingent upon the following conditions: 1. The approval is for the project as described per Conditional Use Permit 18-CUP-042 to allow equipment sales,

display, and repair. 2. The property shall conform to all applicable regulations of the Lincoln County Zoning Ordinance and any other

County, City, State and Federal Codes, ordinances, resolutions and laws. 3. Prior to any construction on-site, all appropriate permits must be secured. 4. The property shall be kept in a clean and orderly manner at all times. 5. All exterior lighting fixtures shall be shielded so as not to illuminate into adjoining properties. 6. The applicant shall not deposit any snow or improperly direct water onto neighboring properties so as to

constitute a nuisance. 7. If at any time the business ceases to exist, changes ownership, or changes use, the owner shall notify County

Planning Staff. 8. 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.

If approved, the Lincoln County Planning Commission’s approval would include the following findings of fact: 1. The Conditional Use Permit is generally in conformance with the Conditional Use Criteria in Section 19.09 of the

2009 Revised Zoning Ordinance for Lincoln County.

Pictometry Oblique, from the south – 4/8/2017

Zoning & Floodplain Layer – Lincoln County Parcel Browser

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STAFF REPORT

Prepared for the Lincoln County Planning Commission Agenda Item #4.b

December 17, 2018


File No: 18-CUP-043

Property Location: 27172 Linda Ave. - Tea

Applicant: Thomas Wipf

Property Owner: Ultimate Property Solutions Inc. PO Box 487 Tea, SD 57064

Description of Proposal: The applicant is proposing to construct and operate a contractor’s shop and storage yard within the “I-1” Light Industrial zoning district.

Background: The site is located within the Hagedorn Industrial Park Addition. The property is currently vacant. The zoning ordinance requires a conditional use permit for a contractor’s shop and storage yard in the “I-1” Light Industrial zoning district.

SITE DATA

Existing Zoning & Land Use “I-1” Light Industrial – Vacant

Lot Area 2.51 acres / 109,221 sq. ft.

Legal Description Lot 8 of Block 5 in the Hagedorn Industrial Park Addition in the Southeast quarter (SE1/4) of Section 25, Township 100 North, Range 51 West of the 5th Principal Meridian, Lincoln County, South Dakota.


North: “C” Commercial – warehousing, contractor’s shop South: “I-1” Light Industrial – warehousing, contractor’s shop East: “I-1” Light Industrial – warehousing, contractor’s shop West: “I-1” Light Industrial – warehousing, contractor’s shop


Urban Expansion Area (2025 Future Land Use Map, Lincoln County Comprehensive Plan 2005-2025)

ATTACHMENTS



18-CUP-043

2

STAFF ANALYSIS



The subject property is zoned “I-1” Light Industrial. The proposed use, contractor’s shop and storage yard, is a listed conditional use within the “I-1” Light Industrial District. It is staff’s opinion that the proposed use is compatible with surrounding property uses and any potential negative impacts on surrounding property can be mitigated through the conditions of approval.


Similar land uses can be found on the surrounding commercial and industrial properties. As proposed and conditioned, the contractor’s shop and storage yard will not be detrimental to property in the immediate vicinity or negatively change the essential character.


There shall be no substantial negative effects to noise, odor, or air and water by the proposed use. A minimal increase in traffic may result but it should not be a negative impact. The proposed use of the contractor’s shop and storage yard is unlikely to have detrimental effects; therefore, there would be no relative gain to the public health, safety and welfare if this request were denied. The hardship imposed on the property owners if the CUP is denied would be that they would not be able to utilize the property for the proposed use they desire. Additionally, the proposed use is conditionally allowed in the light industrial district and, as proposed, will not conflict with the standards provided in the light industrial district. It is staff’s conclusion that adequate conditions can be included with the permit to minimize potential adverse impacts on adjoining property.



Land Use Goal: A.2 To manage growth within the framework of the Development Plan and municipal comprehensive

plans. A.8 To support and encourage growth of the county’s economic base and promote the expansion of

job opportunities.

Land Use Policy: B.2.2 Promote cooperative efforts with the cities and service providers in dealing with development

issues in municipal fringe areas.


If the requested land use application is approved, the proposal will comply with all provisions of the “I-1” Light Industrial zoning district and all, if any, specific development standards of the 2009 Revised Zoning Ordinance for Lincoln County.


18-CUP-043

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RECOMMENDATIONS

Recommendation: Staff recommends APPROVAL for Conditional Use Permit 18-CUP-043 to allow the operation of a contractor’s shop and storage yard on Lot 8 in Block 5 in the Hagedorn Industrial Park Addition in the Southeast quarter (SE1/4) of Section 25, Township 100 North, Range 51 West of the 5th Principal Meridian, Lincoln County, South Dakota, contingent upon the following conditions: 1. The approval is for the project as described per Conditional Use Permit 18-CUP-043 to allow a contractor’s shop

and storage yard. 2. The property shall conform to all applicable regulations of the Lincoln County Zoning Ordinance and any other

County, City, State and Federal Codes, ordinances, resolutions and laws. 3. Prior to any construction on-site, all appropriate permits must be secured. 4. The property shall be kept in a clean and orderly manner at all times. 5. All exterior lighting fixtures shall be shielded so as not to illuminate into adjoining properties. 6. Equipment, trailers, and vehicles utilized for the contractor’s shop may be parked outside on the property,

provided they are screened from view from adjacent property and streets. 7. The applicant shall not deposit any snow or improperly direct water onto neighboring properties so as to

constitute a nuisance. 8. If at any time the business ceases to exist, changes ownership, or changes use, the owner shall notify County

Planning Staff. 9. 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.



1

STAFF REPORT

Prepared for the Lincoln County Planning Commission Agenda Item #4.c

December 17, 2018


File No: 18-CUP-044

Property Location: 27217 473rd Ave – Sioux Falls

Applicant: Andy Jorgensen

Property Owner: Michael & Alison Hulshof 27219 473rd Ave Sioux Falls, SD 57108

Description of Proposal: The applicant is proposing to utilize a portion of the property for fireworks sales and distribution. The applicant stated that most sales will be conducted online and that he expects roughly 10 customers a day picking up orders throughout the sales period. The building used for sales and order pickup will be the larger storage building on the northern portion of the property. Customers would park in the open space in front of the building. When sales are not taking place, the fireworks will be stored in a semi-trailer on the property, which could also be moved off the property if the Planning Commission requires.

Background: The property currently has four storage type buildings that have previously been used for agricultural storage. The property does not have a building eligibility. A conditional use permit is required for fireworks sales within the “A-1” Agricultural zoning district.

SITE DATA

Existing Zoning & Land Use “A-1” Agricultural – personal storage

Lot Area 43.69 acres/1,904,138 sq. ft.

Legal Description Tract 4A of Adrian’s Addition in the Northeast quarter (NE1/4), except Hensch Addition, in Section 33, Township 100 North, Range 50 West of the 5th Principal Meridian, Lincoln County, South Dakota.


North: “A-1” Agricultural – church South: “A-1”Agricultural – cropland & single-family dwelling East: “A-1” Agricultural – cropland West: “A-1 Agricultural” and “RR” Rural Residential – cropland


Agricultural Area (2025 Future Land Use Map, Lincoln County Comprehensive Plan 2005-2025)

ATTACHMENTS



18-CUP-044

2

STAFF ANALYSIS



The surrounding properties are generally utilized for agricultural purposes. The proposal will take place in an existing building. It is staff’s opinion that the proposed use is compatible with surrounding property uses and any potential negative impacts on surrounding property can be mitigated through the conditions of approval.


The proposal is in conformance with the character of the other land uses in the area. It is staff’s conclusion that the proposal is generally in conformance with the Lincoln County Comprehensive Plan.


The proposed use of fireworks sales/distribution is unlikely to have detrimental effects; therefore, there would be no relative gain to the public health, safety and welfare if this request were denied. It is staff’s conclusion that adequate conditions can be included with the permit to minimize any potential adverse impacts on adjoining property. The hardship imposed on the property owners if the CUP is denied would be that they would not be able to utilize the property for the proposed use they desire.



Land Use Goal: A.1 To provide for orderly, efficient, and economical development.

Land Use Policy: B.3.1 Allow the siting of business activities at appropriate locations in the agricultural areas.


If the requested land use application is approved, the proposal will comply with all provisions of the “A-1” Agricultural zoning district and all, if any, specific development standards of the 2009 Revised Zoning Ordinance.

RECOMMENDATIONS

Recommendation: Staff recommends APPROVAL for Conditional Use Permit 18-CUP-044 to allow the sales of fireworks on Tract 4A of Adrian’s Addition in the Northeast quarter (NE1/4), except Hensch Addition, in Section 33, Township 100 North, Range 50 West, contingent upon the following conditions:

1. The approval is for the project as described per Conditional Use Permit 18-CUP-044 to allow fireworks sales. 2. The business shall operate in accordance with South Dakota Codified Law Chapter 34.37 3. The property shall be kept in a clean and orderly manner at all times. 4. The property owner shall not deposit any snow or improperly direct water onto neighboring properties. 5. If at any time the use ceases to exist, or changes ownership, the owner shall notify County Planning Staff. 6. 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.



r 51 w r 49w 50 - lincolncountysd.org · applicant/owner: robert van peeren & adam kuper/adams...

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