MINUTES LINCOLN COUNTY PLANNING AND ZONING COMMISSION September 17, 2012 7:00 P.M. Regular Meeting, Commission Room Lincoln County Courthouse ROLL CALL The regular meeting of the Lincoln County Planning and Zoning Commission was brought to order on September 17, 2012 at 7:00 p.m. by Vice Chairman Chad Nelson with members Darrel Sogn, June Nusz, Ron Albers and County Commissioner Dave Gillespie in attendance at the Lincoln County Courthouse, Commissioner s Meeting Room, 104 N Main, Canton, SD 57013. Staff member present were Paul Aslesen Director Planning and Zoning and Laurie Lundquist Deputy Director ITEM 1. APPROVAL OF AGENDA A motion was made by Gillespie to approve the Agenda of September 17, 2012 with the removal of item 12 from the agenda. The motion was seconded by Nusz and was unanimous. ITEM 2. APPROVAL OF MINUTES A motion was made by Sogn and seconded by Albers to approve the Minutes of August 20, 2012 as written. The motion was unanimous. ITEM 3. VARIANCE NONE ITEM 4. REZONE 12 REZ 003 The purpose is to rezone a parcel of land from the A 1 Agriculture District to the I 1 Light Industrial District Legal Description: Tract 1 of Fodness Addition in the Northeast quarter (NE1/4) of Section 5, Township 98, Range 51, Lincoln County South Dakota Location: 46551 SD Hwy 44, Lennox, South Dakota Petitioner/Owner: Allan Fodness Existing Land Use: Commercial Parcel Size: 1.73 Acres Staff Notes: Tract 1 of Fodness Addition is located in close proximity to the City of Lennox, SD.is in the cities growth plan and is neighbored by various commercial/light industrial businesses along a hard surfaced highway. The petitioner has had discussion with the city of Lennox in regard to the annexation of the property and to the type of zoning. Staff recommends approval. Director presented on behalf of petitioner at petitioners request because he was out of town. An abutting landowner voiced concerns about the recently platted property line. Another person voiced concerns about property for a potential street that is owned by the petitioner. Action: A motion was made by Nusz to recommend to approve of 12 REZ 003 to the Board of County Commissioners. The motion was seconded by Sogn. Motion was unanimous. ITEM 5. REZONE 12 REZ 004 The purpose is to rezone a parcel of land from A 1 Agriculture District to I 1 Light Industrial District Legal Description: A portion of W500 of the South half of the Southwest Quarter (S1/2SW1/4) *Ex H 1 2 & part sold* in Section 4, Township 98, Range 51, Lincoln County South Dakota Location: 27980 SD Hwy 17, Lennox, SD Petitioner/Owner: Lynn Eining Existing Land Use: Commercial Parcel Size: 13.61 Acres Staff Notes: The petitioner currently is operating a commercial business/motor vehicle sales and display at the petitioned site under the authority of a Conditional Use Permit. Petitioner has discussed with the City of Lennox the feasibility of being annexed and the compatibility of his business with the City s growth plan. Site is located in close proximity to developed light industrial/commercial areas and is served by hard surfaced highways.
Staff recommends approval contingent on the completion of a survey/platting of the petitioned site. Action: Petitioner was late for the advertised time frame. A motion was made by Gillespie to table until the petitioner could arrive. The motion was seconded by Albers. Motion was unanimous. A motion was made by Nusz and seconded by Gillespie to remove from the table. Motion was unanimous. Following discussion with the applicant a motion was made by Gillespie to recommend to approve petition 12 REZ 004 to the Board of County Commissioners. The motion was seconded by Albers. Motion was unanimous. ITEM 6. CONDITIONAL USE PERMIT 12 CUP 024 For the purpose of transferring one (1) single family eligibility from the East half of the North half of the Southwest quarter to the West half of the South half of the Southwest quarter *Ex Promised Land Addition Tract 1* 24 99 50 Legal Description: North half Southwest quarter & South half Southwest quarter(n1/2sw1/4 & S1/2SW1/4 *Ex Promised land Add Tr1* 73.78 Acres, Section 24, Township 99, Range 50, Lincoln County South Dakota Location: NE corner of the intersection of 475 th & 277 th St Petitioner/Owner: Robert E Smithback Existing Land Use: A 1 Agriculture Parcel Size: 153.78 Acres Report By: Director No negative effect anticipated. No negative effect anticipated or expected. It is the Contractor s responsibility to provide appropriate facilities and secure utilities to the proposed home site. Site is for residence. Parking and loading is not a factor. so that none of these will constitute a nuisance No nuisance factors anticipated. Staff recommends approval. Action: A motion was made by Albers and seconded by Nusz to approve 12 CUP 024. The motion was unanimous. ITEM 7. CONDITIONAL USE PERMIT 12 CUP 025 For the purpose of operating an existing recycling facility as a Class 1 Home Occupancy business. Legal Description: Hammer Tract 1, Northwest quarter Southwest quarter (NW1/4SW1/4) in Section 36, Township 98, Range 51 Lincoln County South Dakota Location: 28460 469 th Ave, Lennox, South Dakota Petitioner/Owner: Darwin D Albers Existing Land Use: Commercial Parcel Size: 5.00 Acres Report By: Director
Effect will be minimal with compliance to ordinance requirements listed per a Class 1 Home Occupancy. No adverse effect if ordinance stipulations for a Class 1 Home Occupancy are followed. Existing and provided. Site is large enough to accommodate and meet the ordinance requirements. The petitioned activity may cause nuisance issues if the Class 1 stipulations are not followed. Staff recommends approval with the following stipulations generated by the Class 1 Home Occupation. Staff recommends that the petitioned use be formally reviewed in six months by the Planning and Zoning Commission for the purpose of determining compliance and continuation of the petitioned business. Class 1: Home occupation stipulations 1. The occupation shall be conducted entirely within a dwelling and/or accessory building and clearly incidental to the use of the structure for residential purposes. 2. The occupation shall be operated by a member of the family residing in the dwelling. 3. Employees of the occupation shall be limited to residents of the dwelling and up to two (2) non resident employees, not to exceed four (4) employees on site. 4. In addition to the dwelling, up to 2000 square feet of accessory building space may be used for the occupation. 5. The occupation shall not create noise which, when measured off the property, exceeds 60 decibels between the hours of 8:00 a.m. and 6:00 p.m. The occupation shall not create noise which is detectable to the normal sensory perception off the property between the hours of 6:00 p.m. and 8:00 a.m. These off the property noise standards shall not apply to public and railroad rights of way. 6. The occupation shall not create vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the property. 7. No outside storage, display of goods or merchandise, or external evidence of the occupation shall occur except as outlined in this section. 8. A non illuminated nameplate not exceeding two square feet in area may be placed on the dwelling or accessory building. Additionally, one non illuminated sign not exceeding four square feet in area may be located along the driveway for the occupation. No off premise signs shall be used. 9. The occupation shall not generate more than 10 visits per day from clients or customers averaged over a period of seven (7) consecutive days. 10. There shall be only limited and incidental sale of products conducted on the premise. 11. The number of deliveries generated by the occupation shall not significantly affect the character of the area. Delivery vehicles shall be limited to auto, pick up, or typical delivery service truck.
Non ordinance driven recommended stipulations are a formally reviewed in six months by the Planning and Zoning Commission for the purpose of determining compliance and continuation of the petitioned business and the petitioner is required to get a sales tax license. Speaking in opposition: An adjacent land owner spoke in opposition to the petitioned request. Land owner requested that the petition be denied because it does not meet ordinance standards. This opponent also read a letter; addressing the same concerns; from a relative who could not be present for the hearing. Action: A motion was made by Albers to approve 12 CUP 025 with eleven (11) stipulations for Class 1 Home Occupation and two (2) additional staff recommended stipulations requiring a formal review in six months and petitioner is required to get a sales tax license. The motion was seconded by Sogn. Motion was unanimous. ITEM 8. CONDITIONAL USE 12 CUP 026 For the. purpose of application of Manure/Nutrient from outside of Lincoln County Legal Description/Location: Site A is in the West ½ of the Northeast ¼ of Section 22, Township 96, Range 48, Lincoln County SD with a general address 2 miles West of Hudson, SD on 294 th St Site B is located at a legal description of the North ½ of the Southwest ¼ of Section 24, Township 96 and Range 48 with a general address ¼ mile West of Hudson, SD on 294 th St. and ½ mile South on Spur Ave. Site C is located in the Northeast quadrant of the intersection of 295 th St. and 485 th Ave. at a legal description of the Southwest ¼ of Section 22, Township 96 and Range 48 Hudson, SD 57034 Site D is located at a legal description of the Southeast ¼ of Section 15, Township 96 and Range 48 with a general address 2 miles West of Hudson, SD on 294th St. Site E is located at a legal description of the South ½ of the Northwest ¼ of Section 24, Township 96, and Range 48 with a general address ¼ mile West of Hudson, SD on 294 th St. and ½ mile South on Spur Ave all in Lincoln County South Dakota. Petitioner/Owner: CLA Don/Dan Winterfeld : Existing Land Use: A 1 Agriculture Parcel Size: Parcel A= 154 Ac; B=72 Ac; C=156 Ac; D=160 Ac; E75 Ac The disposal or accumulation of manure from outside Lincoln County is controlled by the 2006 Revised Public Nuisance Ordinance, specifically Section 2, item 7 and item 14. Please reference the Lincoln County Zoning Ordinance, specifically, Article 12.09 Concentrated Animal Feeding Operation for Nutrient management requirements. Agricultural uses are dominant in the area with a few farm/acreage residential sites. Good management of the application and compliance with stipulations should provide for no negative effects to the area. Area is agricultural in use with no other developments or improvements planned at this time. Utilization of natural nutrient should have a positive effect on the petitioned areas. Petitioner must take precautions to insure no nuisance factors over and above the normal transport/application of the nutrient become nuisance producing factors. Please reference recommended stipulations/conditions.
Staff recommends approval with the following stipulations/conditions: 1. Nutrient to be transported in a secure fashion with appropriate precautions to eliminate the possibility of spillage and accidental discharge. 2. Haul roads to be identified, approved and used. 3. Haul times and application timeframes must be considerate of abutting neighbors, churches, etc so that scheduled activities are not negatively impacted by the petitioned use. 4. Nutrient must be incorporated/injected as per Lincoln County Ordinance requirements. 5. On site storage must be in compliance with standards utilized by the South Dakota Department of Environment and Natural Resources. Action: A motion was made by Sogn and seconded by Albers to approve 12 CUP 026 with five (5) staff recommended stipulations. The motion was unanimous. ITEM 9. CONDITIONAL USE PERMIT 12 CUP 027 For the purpose of application of Manure/Nutrient from outside of Lincoln County Legal Description: West half of the Southeast quarter (W1/2SE1/4) of Section 7, Township 98, Range 49 in Lincoln County South Dakota Location: 47654 281 st St, Canton, SD Petitioner/Owner: Jeffrey Hoogendoorn Existing Land Use: A 1 Agriculture Parcel Size: 80 Acres The disposal or accumulation of manure from outside Lincoln County is controlled by the 2006 Revised Public Nuisance Ordinance, specifically Section 2, item 7 and item 14. Please reference the Lincoln County Zoning Ordinance, specifically, Article 12.09 Concentrated Animal Feeding Operation for nutrient management requirements. Agricultural uses are dominant in the immediate area with a few farm acreage/residential sites. Good management of the application and compliance with stipulations should provide for no negative effects to the area. Area is agricultural; in use with no other developments or improvements planned at this time. Utilization of natural nutrient should have a positive effect on the petitioned areas. Petitioner must take precautions to insure that no nuisance factors over and above the normal transport/application of the nutrient become nuisance producing factors. Please reference stipulations/conditions. Staff recommends approval with the following stipulations/conditions: 1. Nutrient to be transported in a secure fashion with appropriate precautions to eliminate the possibility of spillage and accidental discharge. 2. Haul roads to be identified, approved and used. 3. Haul times and application timeframes must be considerate of abutting neighbors, churches, etc so that scheduled activities are not negatively impacted by the petitioned use. 4. Nutrient must be incorporated/injected as per Lincoln County Ordinance requirements.
5. On site storage must be incompliance with standards utilized by the South Dakota Department of Environment and Natural Resources. Action: A motion was made by Gillespie and seconded by Albers to approve 12 CUP 027 with five (5) staff recommended stipulations. The motion was unanimous. ITEM 10. CONDITIONAL USE PERMIT 12 CUP 028 For the purpose of operating an auto repair shop. Pending rezoning of 12 REZ 003 Legal Description: Tract 1 of Fodness Addition in the Northeast quarter (NE1/4) of Section 5, Township 98, Range 51 in Lincoln County, South Dakota Location: 46551 SD Hwy 44, Lennox, SD 57039 Petitioner/Owner: Nick Davey/Allan Fodness Existing land Use: Commercial Parcel Size: 1.73 Acres The proposed light industrial district will provide the authority for utilization of the applied for use. Specifically, as per Article 7.04, item E. on page 19. The petitioner wants to be able to provide a service to the public by providing motor vehicle and trailer repair. The petitioned site is located in an area that has existing commercial and light industrial uses. This use will not create a negative effect on enjoyment or property values. The area is served by a major highway and no residential development has been predicted by the city. Use is within the guidelines of the Lincoln County Comprehensive Plan. Site has an existing approach from the highway and has on site utilities/facilities. Site is large enough to accommodate Lincoln County requirements for parking and loading. No nuisance factors should be generated by the petitioned use. Staff recommends approval with the following stipulation(s). 1. No collection of junk or inoperable vehicles be allowed on site. 2. No unsecured storage be allowed. 3. Site must achieve rezoning to Light Industrial. Action: A motion was made by Gillespie and seconded by Sogn to approve 12 CUP 028 with staff recommended stipulations. The motion was unanimous. ITEM 11. CONDITIONAL USE PERMIT 12 CUP 029 For the purpose of operating a car and motor vehicle dealership. Pending rezoning of 12 REZ 003 Legal Description: Tract 1 of Fodness Addition in the Northeast quarter (NE1/4) of Section 5, Township 98, Range 51 in Lincoln County, South Dakota Location: 46551 SD Hwy 44, Lennox, SD 57039 Petitioner/Owner: Glenn Davey/Allan Fodness Existing land Use: Commercial
Parcel Size: 1.73 Acres The proposed use is a commercial type use and should be compatible with similar uses in the immediate vicinity. Area has been developed with a commercial/light industrial favor. Vacant property would be developed in like fashion to utilize the traffic generated by the existing highway system. An approach is existing to provide access and the appropriate utilities/facilities are available to accommodate the petitioned use. Site has ample room to provide for display of motorized vehicles. No loading is anticipated. No nuisance factors are anticipated by this use. Staff recommends approval with the following stipulation(s): 1. No unsecured storage or display of motorized vehicles. Action: A motion was made by Nusz and seconded by Sogn to approve 12 CUP 029 with staff recommended stipulation. The motion was unanimous. ITEM 12. CONDITIONAL USE PERMIT 12 CUP 030 For the purpose of a Major Home Occupation Class 1 for the storage of materials and equipment for landscaping business. Legal Description: Parlet Tract one (1) in the Northeast Quarter (NE1/4) of Section 17, Township 99N, Range 50 West of the 5 th PM. Location: 27523 472 nd Ave, Harrisburg, South Dakota Petitioner/Owner: Lance Meyerink/Groundwater Inc. Existing land Use: Residential Parcel Size: 11.27 Acres Action: None taken Item was withdrawn from the agenda at the petitioners request. ADDITIONAL ITEMS: Respectfully submitted by: Laurie Lundquist Deputy Director Lincoln County Planning & Zoning