Planning Commission

Aberdeen City Planning Commission April 20, 2021 MINUTES ABERDEEN CITY PLANNING COMMISSION April 20 , 2021 The City Planning Commission was called to order by Acting Chairman Ward Schumacher. Members present at roll call were Cogley, Lien, Woodward, Mitchell and Schumacher. Also present were Brett Bill, Planning & Zoning Director, Eric Miller, City Planner, Ken Hubbart, City Planner, and Amanda Kamphuis, Aberdeen City Planning Commission Secretary. Lien moved and Woodward seconded to approve the Aberdeen City Minutes of March 16, 2021, all members voting aye, the motion carried. OPEN FORUM – No one was present. There being no old business, Acting Chairman Schumacher began with new business as follows: 1) A change of use in a (C-1) Neighborhood Commercial Zoning District described as “Lots 20-22, Block 45, Hagerty & Lloyds Addition to Aberdeen, in the NE ¼ of Section 13, T123N-R64W of the 5th P.M., Brown County, South Dakota,” (a.k.a. 120 State Street North) was submitted by Marc & Kim Runnels – Pop’s Sno-Balls & Pop’s Bayou Mama’s. Eric Miller stated the petitioners are requesting permission to operate a food truck and sno-ball frozen treat operation at this location. Changes in use within the Neighborhood Commercial Zoning District require approval by the Aberdeen City Planning Commission. The Neighborhood Commercial Zoning District allows for a limited number of commercial uses conducive and not detrimental to a typical quiet residential district; the proposal use does not seem contrary to this. The operation of a food truck/trailer is neither an allowed use, nor a special exception in this zoning district, therefore, an appeal of the ordinance was heard and granted by the Aberdeen Board of Zoning Adjustment at their April 8, 2021 meeting. The petitioners were denied of their request for setback variances at this same meeting so any structure(s) and food service trailer will need to meet all setback requirements. Following discussion, Cogley moved and Mitchell seconded to approve with the stipulation that a landscape plan is approved in conjunction with any necessary building and zoning permits. Upon roll call, all members voting aye, the motion carried. 2) A preliminary and final plat described as “Meadowlark Acres Third Addition to Aberdeen, in the NW ¼ of Section 22, T123N-R63W of the 5th P.M., Brown County, South Dakota,” (a.k.a. Directly east of the weather station on Brown County Highway 14) was submitted by Schumaker Development, LLC. Eric Miller stated the petitioner is submitting this altered version of the Preliminary and Final Plat that was approved at the March 16, 2021 Planning Commission meeting. After its approval, it was discovered that there was an existing electric service line that runs east/west approximately 132’ north of the north right-of- {00073413.DOC / 1} 1  Aberdeen City Planning Commission April 20, 2021 way line of Kingfisher Avenue SE. This plat moves the lot line between Lots 2 & 3 in Blocks 2A, 3A, and 4A and Lots 8 & 9 in Block 3A to the south approximately 21’. Shifting the lot line south will place the existing utilities along that lot line and within a dedicated utility easement. The rest of the lots within those Blocks will each expand as a result and Block 1A is unchanged with this submittal. The petitioner originally requested this Preliminary and Final Plat in order to reconfigure lot lines within an existing, largely undeveloped, residential subdivision. The reconfigured lots will be larger than previously platted to make them more appealing to buyers wishing to build larger homes. Tax Increment Financing District #25 was created in conjunction with the initial platting and rezoning of this property during the first quarter of 2016 and will not be adversely affected by this replat. Following discussion, Woodward moved and Lien seconded to approve with the stipulation that any excess/unused water and sewer services are disconnected. Upon roll call, all members voting aye, the motion carried. 3) A preliminary and final plat described as “HAPI 2021-1 Subdivision to the City of Aberdeen, in the SE ¼ of Section 13, T123N-R64W of the 5th P.M., Brown County, South Dakota,” (a.k.a 310 Arch Street South) was submitted by Homes Are Possible, Inc. Eric Miller stated the petitioner is requesting this Preliminary and Final Plat in order to combine multiple underlying lots into one legal parcel to allow for a new home to be moved in. Following discussion, Lien moved and Woodward seconded to approve, all members voting aye, the motion carried. 4) A preliminary and final plat described as “Erickson-Teigen Addition to the City of Aberdeen, in the NW ¼ of the SW ¼ of Section 16, T123N-R63W of the 5th P.M., Brown County, South Dakota,” (a.k.a 4015 Steele Avenue SE) was submitted by Erickson Teigen Property, LLC. Eric Miller stated the petitioners are requesting this Preliminary and Final Plat in order to subdivide the existing platted lot into two smaller lots. This will allow for the future conveyance and commercial development on Proposed Lot 2. Following discussion, Woodward moved and Mitchell seconded to approve with the stipulation that Steele Avenue SE is developed along this addition in accordance with Chapter 48 of Aberdeen City Code and that sidewalks are installed, where missing along all platted rights-of- way, as required by Aberdeen City Code Section 46-127. The petitioners will additionally need to submit plans to the City Engineering Department for extending water and sewer to the east to serve future development. Upon roll call, all members voting aye, the motion carried. 5) A preliminary and final plat described as “Erdmann 1st Subdivision to the City of Aberdeen, in the SW ¼ of Section 13, T123N-R64W of the 5th P.M., Brown County, South Dakota,” (a.k.a. 302 & 320 Fourth Street South and 416 Fourth Avenue SW) was submitted by Ronald and Karen Erdmann. Eric Miller stated the petitioners are requesting this Preliminary and Final Plat in order to combine multiple underlying lots and previously vacated public right-of-way into one legal parcel. At their January 14, 2021 meeting the Aberdeen Board of Zoning Adjustment approved the petitioners request for a Special Exception to allow for {00073413.DOC / 1} 2  Aberdeen City Planning Commission April 20, 2021 the open storage of campers, trailers, and automobiles at this property with the stipulation that this property be replatted and rezoned. A petition to rezone this property to the Unrestricted Industrial District has been submitted and will be on the May 18, 2021 Aberdeen City Planning Commission Agenda. Following discussion, Cogley moved and Woodward seconded to approve with the stipulation that the accompanying petition to rezone this property to the Unrestricted Industrial District is also approved. Upon roll call, all members voting aye, the motion carried. 6) A petition to vacate public right-of-way described as “The east 216 feet of 30- foot-wide public alley right-of-way adjacent to the south of Lots 2A and 2B, Rohl Subdivision of Lot 2 of Rohl’s 1st Addition to the City of Aberdeen and adjacent to the north of the east 216 feet of Outlot 1, Howard and Hedgers Outlots, and adjacent to the west of Lot 1, First Railroad Addition to the City of Aberdeen in the South ½ of Section 13, T123N-R64W of the 5th P.M., Brown County, South Dakota,” (a.k.a. East/West alley south of 118 & 120 First Avenue NE) was submitted by Hub City Roofing and Dakota Supply Group. Eric Miller stated the petitioner is submitting this petition to vacate a potion of unused public right-of- way with the intention of combining the right-of-way with their adjacent property. A plat combining the proposed vacated alley with the petitioner’s property adjacent to the north and south is forthcoming as is a petition to rezone the entire property to the Central Business District. Following discussion, Lien moved and Mitchell seconded to approve with the stipulation that easements are created/maintained for any existing City utilities within the alley and surrounding property. Upon roll call, all members voting aye, the motion carried. 7) A rezone from (R-3) High Density Residential District to (M) Municipal, State, and County Use District as described as “Lot 1, Keller Addition to the City of Aberdeen, in the SE ¼ of Section 14, T123N-R64W of the 5th P.M., Brown County, South Dakota,” (a.k.a. 824 Third Avenue SW) was submitted by the City of Aberdeen. Eric Miller stated the petitioner is requesting this petition to rezone in order to bring the property into a zoning district that will allow for its future use as a parking lot. This lot will serve as parking for the adjacent City shops. Following discussion, Woodward moved and Lien seconded to approve, all members voting aye, the motion carried. 8) A rezone from (R-3) High Density Residential District to (C-1) Neighborhood Commercial District described as “The East ½ of the South 80’ of Lot 16, Lawson’s First Replat of Block 10, Woolverton Addition to the City of Aberdeen, in the NE ¼ of Section 24, T123N-R64W of the 5th P.M., Brown County, South Dakota,” (a.k.a. 819 Tenth Avenue SE) which was submitted by Eldon Wahl and Rochelle Gosvener. Eric Miller stated the petitioners are requesting this petition to rezone in order to bring the property into a zoning district that would allow for the operation of a takeout food and ice cream establishment. The petitioners indicated they intend to remove the existing residence on the property and rebuild a structure to operate out of. Staff have not received any information about the exact business plan, house of operation, or a proposed site layout. {00073413.DOC / 1} 3  Aberdeen City Planning Commission April 20, 2021 Approval of this request would result in just 12’x15’ of buildable area on this lot due to the setback requirements of the Neighborhood Commercial Zoning District. There would need to be a minimum of two setback variances just to build a large enough structure to operate a business. Additional variances for parking may also be necessary depending on the scope of the development. Following discussion, Woodward moved and Cogley seconded to deny, all members voting aye, the motion carried. 9) A permission to demolish structures located in a (C-1) Neighborhood Commercial District described as “Lot 1, Beadle Nursery First Addition in Aberdeen, in the NE ¼ of Section 23, T123N-R64W of the 5th P.M., Brown County, South Dakota,” (a.k.a. 906 Eighth Street South) was submitted by Jensen Properties, LLC. Eric Miller stated the petitioner is requesting permission to demolish all structures on this property which is located in a Neighborhood Commercial District. Any alterations of structures within this zoning district require approval from the Aberdeen City Planning Commission. City Staff have not yet received plans for any future construction or land use at this property. Future improvements or alterations to this property will require additional approval prior to permitting. Jay Gellhaus was present to represent the property. Marlys Rux, Rebecca Rux-Jensen and Teresa Peterson spoke in opposition to the future land use of the property. Following discussion, Mitchell moved and Cogley seconded to approve with the stipulation that any future construction, resurfacing, storage, or any other improvements must be granted permission by the Aberdeen City Planning Commission prior to permitting and work commencing. Upon roll call, all members voting aye, the motion carried. There being no further business before the Commission, Cogley moved and Lien seconded to adjourn the meeting, all members voting aye, the motion carried. Submitted by, Amanda Kamphuis Planning Commission Secretary {00073413.DOC / 1} 4