1. Roll Call. 2. Minutes a. October 09, 2018 Regular Meeting. 3. Adoption of the Agenda. 4. Visitors to Be Heard
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1 1. Roll Call City of Vermillion Planning Commission Agenda 5:30 p.m. Regular Meeting Monday, October 29, 2018 City Council Chambers 2 nd Floor City Hall 25 Center Street Vermillion, SD Minutes a. October 09, 2018 Regular Meeting 3. Adoption of the Agenda 4. Visitors to Be Heard 5. Public Hearings a. Request for a Conditional Use Permit for a single-family dwelling for Mart Brothers for property described as Tract A of Ranchette #1 of East Ranch Estates, a subdivision of part of NE ¼ of S20- T92N-R51W, 5 th P.M., Clay County, South Dakota 6. Old Business 7. New Business 8. Adjourn WELCOME TO YOUR PLANNING COMMISSION MEETING If you wish to participate in the discussion, the meeting provides several opportunities. After the minutes are approved, the Chairperson will ask if any visitors wish to be heard. Any item not on the agenda may be discussed. During the discussion of agenda topics, anyone may comment. The Chairperson will recognize you if you raise your hand. Please introduce yourself with your name and address when addressing the Planning Commission. Discussion occurs before motions are made and seconded. Discussion also occurs after the motion is seconded and before the vote. You may participate each time if you wish. Your suggestions and ideas are welcome. The best decisions are made when everyone participates and provides information. Meeting Assistance: The City of Vermillion fully subscribes to the provisions of the Americans with Disabilities Act of If you desire to attend this public meeting and are in need of special accommodations, please notify the City Manager's Office at at least 3 working days prior to the meeting so appropriate auxiliary aids and services can be made available.
2 Unapproved Minutes Vermillion Planning Commission Tuesday, October 9, 2018 Regular Planning Commission Meeting The regular meeting of the Vermillion Planning Commission was called to order in the Large Conference Room at City Hall on October 9, 2018 at 5:30 p.m. 1. Roll Call Present: Forseth, Kleeman, Manning, Muenster, Iverson. Absent: Fairholm, Oehler, Tuve, Wilson. Staff present: José Domínguez, City Engineer, James Purdy, Assistant City Manager. 2. Minutes a. September 24, 2018 Special Joint Meeting with Clay County Commission. Moved by Commissioner Manning to adopt September 24, 2018 Special Joint Meeting with Clay County Commission Minutes as written, seconded by Commissioner Kleeman. Motion carried Adoption of the Agenda Moved by Commissioner Forseth to adopt the agenda as printed, seconded by Commissioner Muenster. Motion carried Visitors to be Heard Introduction of Mr. James Purdy, Assistant to City Manager. 5. Public Hearing a. Request for Conditional Use Permit for the construction, and operation, of storage units at 909 Princeton (said storage units would be located within the land described as Lot 6, Block 2, Lotuswood Addition to the City of Vermillion, Clay County, South Dakota). Mr. Domínguez, City Engineer, explained that Mr. Scott Henderson submitted an application for a Conditional Use Permit to construct and operate storage units within the GB-General Business District. He noted that the Planning Commission may place conditions that are appropriate and necessary to insure compliance with the Comprehensive Plan and protect health, safety, and general welfare and outlined the criteria for review. Regarding ingress and egress, Mr. Domínguez clarified that access would be limited to Duke Street as Princeton is a collector street and Duke is a local street. There are no off-street requirements for storage sheds, however once the building permit for the future shop is requested, Mr. Henderson will be required to provide off-street parking. At present, the application is only for the construction of the storage units, so off-street parking is not required. Currently, refuse and service areas are non-applicable, however, should these areas become necessary, a concrete pad and screen would be required. At this time, utilities are not needed to serve this property. The applicant may need to address lighting and would need to meet City requirements found in the landscaping
3 standards portion of code. The property would require screening and buffering, such as a fence, as it is commercial use abutting a residential us. No signage has been requested at this time; any future signs must follow existing sign code. All construction is planned to happen within the required setbacks, so no variances are sought. The proposed construction will be compatible with the north, south and west neighbors. The previously mentioned screening along the east property line is to diminish conflicts with the residential neighbor along the east side. After review, Staff determined that no drainage mitigation is required as the proposed development will cover less than 50 percent of the lot area with impervious material. However, if future construction does surpass this limit the storm water generated by the new construction will have to be directed to grassy areas before it reaches the public right-of-way. The proposed construction meets several goals of the City Comprehensive Plan. Staff recommend approval of the proposed conditional use permit. Nan Tiang of 411 W Duke Street expressed confusion and concern regarding the access point on Duke Street rather than Princeton Avenue as the business has a Princeton Avenue address. Mr. Domínquez explained that the City keeps two addresses for undeveloped corner lots, and Mr. Henderson requested the address to be Princeton Avenue. However, City ordinance dictates that the access point to be on Duke Street. The code is designed to limit access points on principal streets to avoid turning conflicts. Ms. Tiang explained that she was concerned about the noise that will be generated by the access point on Duke Street. Mr. Domínguez stated much of the noise will likely be buffered by the building and also the buffer that Mr. Henderson will create. Discussion continued. Anne Jensen, of 406 W Duke Street expressed concern of an additional access point on Duke Street as the area is already busy with traffic at the intersection causing potential for major accidents. She also states that the street always floods in front of her house and is concerned that the proposed development will make it worse. Scott Henderson, the applicant, states the he will erect a very nice looking fence. He also, stated he opted for the location of the driveway as it is only permitted location, but is open to a shared access on Princeton Avenue. He stated he would like to add a shop in the next 8-10 years to move the U-Haul business to be with the storage units and has no intention of doing work for customers in the new shop. He does not believe there will be much additional traffic due to the nature of the business. Motion to approve the request for Conditional Use Permit for the construction, and operation, of storage units at 909 Princeton (said storage units would be located within the land described as Lot 6, Block 2, Lotuswood Addition to the City of Vermillion, Clay County, South Dakota) by Commissioner Forseth and seconded by Commissioner Kleeman. Motion carried 5-0.
4 6. Old Business None. 7. New Business None. 8. Staff Report Due to weather, Jefferson Street project is approximately a week and a half behind. The contractor is not concerned about the time frame as he is ahead of schedule in some areas. The cement treated stabilization has worked very well. 9. Adjourn Moved by Commissioner Manning to adjourn, seconded by Commissioner Kleeman. Motion carried 5-0. Commissioner Iverson declared the meeting adjourned at 6:17 p.m.
5 5. Public Hearings; item a From: Planning Commission Agenda Memo James Purdy, Assistant City Manager Meeting: October 29, 2018 Subject: Presenter: Request for a Conditional Use Permit for a single-family dwelling for Mart Brothers for property described as Tract A of Ranchette #1 of East Ranch Estates, a subdivision of part of NE ¼ of S20-T92N-R51W, 5 th P.M., Clay County, South Dakota James Purdy Background: Planning and zoning in the Joint Jurisdictional Area are subject to oversight by the Planning Commissions of both Clay County and the City of Vermillion. Section of the Joint Zoning Regulations governs this process. An Applicant seeking a Conditional Use Permit must file with the Clay County Zoning Administrator the required application, provide information on the site plan, and pay a filing fee. The Clay County Zoning Administrator will then set a date for a public hearing where the County and City Planning Commissions will meet jointly to consider the Conditional Use Permit. If both Commissions grant the CUP, the decision is considered final unless an appeal is filed. If the Commissions do not both agree to grant the CUP, the permit is deemed denied. Any appeal is considered during a joint meeting of the Clay County Commission and the Vermillion City Council. Section 16.01(F) of the Joint Zoning Regulations for Clay County and the City of Vermillion state that considerations to be taken into account when considering a Conditional Use Permit are: 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. 2. Measures shall be taken to ensure that the proposed use does not alter the general character of the area or neighborhood. 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, orientation or other measures.
6 4. The proposed use shall not adversely affect the public. 5. Public Hearings; item a Discussion: As required by the Joint Zoning Regulations, Mart Brothers filed an application for a Conditional Use Permit on October 10, 2018 to construct a single-family dwelling at th Ave. The Clay County Zoning Administrator then scheduled a public hearing and provided the required notifications for the hearing. The property is zoned A-1 (Agricultural District). Section 3.02 of the Joint Zoning Regulations sets a limit on the number of residential buildings in each quarter-quarter section in the A-1 District, but the building site is a lot of record and as such is exempt from this rule. Per 3.02, a Single-Family Dwelling in the A-1 District is also subject to the following Applicable Standards: Visibility at Intersections and Driveways Off-street Parking On-Premise Signs Conditional Uses Section governs the process of granting a Conditional Use Permit and was covered previously in this memo. Compliance with sections 11.01, 11.03, and would best be addressed by the Clay County Zoning Administrator when granting a Building Permit. Compliance with Comprehensive Plan: The 2035 Comprehensive Plan designated this lot location as Residential in the Future Land Use map (p.19). The construction of a singlefamily dwelling supports the goal to provide a variety of housing types that allow people to live in Vermillion at any stage in their life and income (p.13). Conclusion/Recommendations: Staff recommends approval of the proposed Conditional Use Permit to construct a single-family dwelling at th Ave.
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3. APPROVAL OF AGENDA A motion to approve the agenda was made by Larson and seconded by Klatt. The motion passed unanimously.
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