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Planning Commission Meetings

Regular Meeting

Sioux Falls, SD · September 4, 2019

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MINUTES Planning Commission Meeting Wednesday, September 4, 2019 at 6:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER AND DETERMINATION OF QUORUM Commissioners Present: Sharon Chontos, Sean Ervin, Kati Johnson, Kurt Johnson, Larry Luetke, Aaron Norman, Erik Nyberg, John Paulson Commissioners Absent: Andi Anderson CONSENT AGENDA 1. APPROVAL OF MINUTES A. Planning Commission Briefing of Tuesday, August 6, 2019 B. Planning Commission Meeting of Wednesday, August 7, 2019 2. CONSENT AGENDA PETITIONS A. Petition: 10948-2019: REZONE from the AG, Agriculture District to the RS, Single- Family Residential—Suburban, RD-1, Twin Home/Duplex Residential—Suburban, LW, live-work, and the CN, Conservation Districts located east of Veterans Pkwy. and North/West of E Twin Pines Dr. Legal Description: Tract 1 Mystic Heights at Foss Fields Addition and Portion S 1/2 Government Lot 1 in NW 1/4 18-101-48 City of Sioux Falls, Minnehaha County, SD B. Petition: 10950-2019: REZONE from the RR, Single-Family Residential-Rural District to the RS, Single Family Residential-Suburban District at 7201 W 57th St. Legal Description: Tract 1 in Government Lot 2 in Section 12, Township 100, Range 51 W of the 57th PM, Sioux Falls, Lincoln County, SD C. Petition: 10781-2019 REZONE from I-1, Light Industrial District to CN, Conservation District located south of E 57th St. along the west side of Hwy 11 Legal Description: DALCO Tract 1 in the N1/2 of the SE1/4 of 8-100-49; Lot 3 Detention Pond D. Petition: 10942-2019: PRELIMINARY SUBDIVISION PLAN for Mystic Heights at Foss Fields located east of Veterans Parkway and North/West of E Twin Pines Dr. Legal Description: Tract 1 of Mystic Heights at Foss Fields Addition & Portion of S1/2 of Government Lot 2 in the NW ¼ of Section 18-101-48 & Portion of N ½ of Government Lot 2 in the SW ¼ of Section 18-101-48 W of the 5th Principal Meridian to the City of Sioux Falls, Minnehaha County, South Dakota E. Petition: 10943-2019: PRELIMINARY SUBDIVISION PLAN for Twin Towers 2nd Addition located between E 3rd St. and E 5th St and between Shawnee Ave. and N Twin Towers Cir. Legal Description: Part of SE1/4 NW1/4 of Solar Gardens Addition (Ex. H-1 & H-2 & Twin Towers Addition & Twin Towers 2nd Addition) Section 14-101-49 to the City of Sioux Falls, Minnehaha County, South Dakota F. Petition: 10972-2019: PRELIMINARY SUBDIVISION PLAN for Grasslands Development located at the northwest corner of W. 34th St. N. and N. Career Ave. Legal Description: Legal Description: A Portion of the S 1/2 of the NW 1/4 of Section 1. Township 101 N. Range 50 W of the 5th Principal Meridian, City of Sioux Falls, Minnehaha County, SD A motion was made by Paulson and seconded by Johnson to defer Item 2F to the October 2, 2019, Planning Commission Meeting. Voice vote to defer. 5 Yes: Chontos, Ervin, Johnson, Johnson, Paulson; 0 No: (None). Motion Passed. Norman and Nyberg recused themselves from the discussion and vote on this item pursuant to City Ordinance 35.028. 3. CONSENT AGENDA APPROVAL A motion was made by Johnson and seconded by Chontos to approve the Consent Agenda. A motion was made by Ervin and seconded by Chontos to amend by moving Item 2F to the Regular Agenda. Voice vote to amend. 5 Yes: Chontos, Ervin, Johnson, Johnson, Paulson; 0 No: (None). Motion Passed. Norman and Nyberg recused themselves from the discussion and vote on this item pursuant to City Ordinance 35.028. Voice vote to approve. 5 Yes: Chontos, Ervin, Johnson, Johnson, Paulson; 0 No: (None). Motion Passed. REGULAR AGENDA 4. REGULAR AGENDA APPROVAL A motion was made by Johnson and seconded by Chontos to approve the Regular Agenda. Voice vote to approve. 7 Yes: Chontos, Ervin, Johnson, Johnson, Norman, Nyberg, Paulson; 0 No: (None). Motion Passed. Item 2F was heard at this time. See item for action taken. 5. REGULAR AGENDA PETITIONS A. Petition: 10951-2019: REZONE from the RD-1, Twin Home/Duplex Residential— Suburban and the O, Office Districts to the CN, Conservation, RA-2, Apartment Residential—Moderate Density, RD-1, Twin Home/Duplex Residential—Suburban, and the RD-2, Townhome Residential—Suburban Districts located at 34th St. and Career Ave. Legal Description: A Portion of the S 1/2 of the NW 1/4 of Section 1. Township 101 N. Range 50 W of the 5th Principal Meridian, City of Sioux Falls, Minnehaha County, SD A motion was made by Johnson and seconded by Johnson to defer Item 5A to the October 2, 2019, Planning Commission Meeting. Voice vote to defer. 5 Yes: Chontos, Ervin, Johnson, Johnson, Paulson; 0 No: (None). Motion Passed. Norman and Nyberg recused themselves from the discussion and vote on this item pursuant to City Ordinance 35.028. B. Petition: 10487-2019: CONDITIONAL USE PERMIT for an on-sale alcoholic beverage establishment located within 500' of sensitive land use located at 1312 W. 12th St. Legal Description: W 1/2 vacant alley lying adjacent & lots 5-6 block 18 Covell's second addition, Sioux Falls, Minnehaha County, SD A motion was made by Johnson and seconded by Johnson to approve Item 5B. Voice vote to approve. 0 Yes: (None); 7 No: Chontos, Ervin, Johnson, Johnson, Norman, Nyberg, Paulson. Motion Failed. C. Petition: 10515-2019: CONDITIONAL USE PERMIT for a on-sale alcoholic beverage establishment located within 500' of a sensitive land use located at 5503 N. Cliff Ave. Legal Description: S 110’ N 300’ & N 100’ S 200’ Tract 2 (Ex H-2, H-3, & H-4) NE ¼ SE ¼ 28-102-49 Sioux Falls City Unplatted A motion was made by Nyberg and seconded by Johnson to approve with conditions Item 5C. 1. A security management plan is required to be approved by the Police Department prior to the issuance of an alcohol license. Voice vote to approve with conditions. 7 Yes: Chontos, Ervin, Johnson, Johnson, Norman, Nyberg, Paulson; 0 No: (None). Motion Passed. D. Petition: 10669-2019: CONDITIONAL USE PERMIT for required parking within 250 feet for use located at 1201 S. 7th Ave. Legal Description: Lot 1, John Koch Investments Addition to Sioux Falls, Minnehaha County, SD A motion was made by Johnson and seconded by Johnson to approve Item 5D. A motion was made by Johnson and seconded by Johnson to amend by adding the following conditions for Item 5D. 1. An ADA ramp be installed directly east of the SW corner of S. 7th Ave. and E. 20th St. 2. Signs are placed directly in front of the off-site parking spaces to identify the three parking spaces reserved for 1201 S. 7th Ave. Voice vote to amend. 6 Yes: Chontos, Ervin, Johnson, Johnson, Norman, Nyberg; 0 No: (None). Motion Passed. Paulson recused himself from the discussion and vote on this item pursuant to City Ordinance 35.028. Voice vote to approve, as amended. 6 Yes: Chontos, Ervin, Johnson, Johnson, Norman, Nyberg; 0 No: (None). Motion Passed. E. Petition: 10944-2019: CONDITIONAL USE PERMIT for accessory alcohol within 100’ of sensitive land use and extended store hours located at 1801 S Walts Ave. Legal Description: Lot 1, Block 7, University Addition to the City of Sioux Falls, Minnehaha County, SD A motion was made by Nyberg and seconded by Johnson to approve with conditions Item 5E. 1. For this applicant only. 2. A security management plan is required to be approved by the Police Department prior to the issuance of an alcohol license. Voice vote to approve with conditions. 7 Yes: Chontos, Ervin, Johnson, Johnson, Norman, Nyberg, Paulson; 0 No: (None). Motion Passed. F. Petition: 10489-2019: PRELIMINARY SUBDIVISION PLAN for Cloverleaf Business Park Addition located east of N. Marion Rd. and south I-90. Legal Description: SE1/2 NW1/4, S1/2 NE1/4, & NE1/4 SE1/4 Section 25-102-50, Sioux Falls, Minnehaha County, SD A motion was made by Chontos and seconded by Johnson to defer Item 5F to the November 6, 2019, Planning Commission Meeting. Voice vote to defer. 7 Yes: Chontos, Ervin, Johnson, Johnson, Norman, Nyberg, Paulson; 0 No: (None). Motion Passed. G. Petition: 10503-2019: PRELIMINARY SUBDIVISION PLAN for Akerson Addition located south of E. 85th St. and east of S. Minnesota Ave. Legal Description: Akerson's Addition, Tract 2A & Tract 4, NW 1/4 of Section 23, Township 100 N Range 50 W, Lincoln County, SD A motion was made by Chontos and seconded by Ervin to defer Item 5G to the October 2, 2019, Planning Commission Meeting. Voice vote to defer. 6 Yes: Chontos, Ervin, Johnson, Johnson, Norman, Paulson; 0 No: (None). Motion Passed. Nyberg recused himself from the discussion and vote on this item pursuant to City Ordinance 35.028. H. Petition: 10775-2019 INITIAL DEVELOPMENT PLAN AMENDMENT for the Sanford Research Campus located at 2301 E 60th St. N Legal Description: Lot 2 (Ex Trs A&B) & Lot 1A Block 1A Hutchinson Addition to the City of Sioux Falls, Minnehaha County, South Dakota A motion was made by Johnson and seconded by Johnson to approve Item 5H. Voice vote to approve. 6 Yes: Chontos, Ervin, Johnson, Johnson, Norman, Nyberg; 0 No: (None). Motion Passed. Paulson recused himself from the discussion and vote on this item pursuant to City Ordinance 35.028. I. Petition: 10776-2019 INTIAL DEVELOPMENT PLAN AMENDMENT for the Sanford Sports Complex located east of I-229 and north/south of W. Benson Rd. Legal Description: NE 1/4 of Section 6 Lying West of Lot E-1, Except Lot H-1 and Except Sanford Sports Complex Addition thereof; NW 1/4 of Section 6 Including Lots FE1, FE2, and FE3 thereof, except Lots H-1, H-2, H-3 and H-4 thereof; N 1/2 of the SW 1/4 of Section 6 Including Lots FE1, FE2 and FE3, except Lots H-1, H-2 and H-3 except Sencore Addition and except the S 360' of the E 755' of the W 863' of the N 1/2 of the SW 1/4 Lying Adjacent and Contiguous to Dickey Tract 3 in the SW 1/4; NW 1/4 of Section 6 Lying West of Lot E-1, except Sencore Addition, All in Section 6, Township 101 North, Range 49 West of the 5th P.M. and the NW 1/4 of Section 5 Lying West of Lot E-1, all in Section 5, Township 101 North, Range 49 West of the 5th P.M. & SE 1/4 of Section 31, T101-R49W, City of Sioux Falls, Minnehaha County, SD A motion was made by Ervin and seconded by Chontos to approve Item 5I. Voice vote to approve. 6 Yes: Chontos, Ervin, Johnson, Johnson, Norman, Nyberg; 0 No: (None). Motion Passed. J. Petition: 10859-2019 INITIAL DEVELOPMENT PLAN AMENDMENT for the Avera South Campus located at 6600 S. Louise Ave. Legal Description: Lot 1, Block 1; Lot 1 & 3, Block 2 of Avera McKennan South Addition to the City of Sioux Falls, Lincoln County, South Dakota A motion was made by Johnson and seconded by Johnson to approve Item 5J. Voice vote to approve. 6 Yes: Chontos, Ervin, Johnson, Johnson, Norman, Nyberg; 0 No: (None). Motion Passed. 6. PUBLIC INPUT ON NON-AGENDA ITEMS (5-MINUTE COMMENT PERIOD PER INDIVIDUAL) There was none. NEW BUSINESS There was none. ADJOURNMENT A motion was made by Johnson and seconded by Nyberg to adjourn at 9:20 p.m. Voice vote to adjourn. 6 Yes: Chontos, Ervin, Johnson, Johnson, Norman, Nyberg; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk

Agenda

AGENDA Planning Commission Meeting Wednesday, September 4, 2019 at 6:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER AND DETERMINATION OF QUORUM CONSENT AGENDA 1. APPROVAL OF MINUTES A. Planning Commission Briefing of Tuesday, August 6, 2019 B. Planning Commission Meeting of Wednesday, August 7, 2019 2. CONSENT AGENDA PETITIONS A. Petition: 10948-2019: REZONE from the AG, Agriculture District to the RS, Single- Family Residential—Suburban, RD-1, Twin Home/Duplex Residential—Suburban, LW, live-work, and the CN, Conservation Districts located east of Veterans Pkwy. and North/West of E Twin Pines Dr. Legal Description: Tract 1 Mystic Heights at Foss Fields Addition and Portion S 1/2 Government Lot 1 in NW 1/4 18-101-48 City of Sioux Falls, Minnehaha County, SD Petitioner: Preston Mettler Staff: Jason Bieber Staff Recommendation: Approval B. Petition: 10950-2019: REZONE from the RR, Single-Family Residential-Rural District to the RS, Single Family Residential-Suburban District at 7201 W 57th St. Legal Description: Tract 1 in Government Lot 2 in Section 12, Township 100, Range 51 W of the 57th PM, Sioux Falls, Lincoln County, SD Petitioner: William Hinks Staff: Jason Bieber Staff Recommendation: Approval Commission Members Andi Anderson Kati Johnson Erik Nyberg Sharon Chontos, Vice-Chair Kurt Johnson Aaron Norman Sean Ervin Larry Luetke, Chair John Paulson C. Petition: 10781-2019 REZONE from I-1, Light Industrial District to CN, Conservation District located south of E 57th St. along the west side of Hwy 11 Legal Description: DALCO Tract 1 in the N1/2 of the SE1/4 of 8-100-49; Lot 3 Detention Pond Petitioner: David Lawrence Staff: Adam Roach Staff Recommendation: Approval D. Petition: 10942-2019: PRELIMINARY SUBDIVISION PLAN for Mystic Heights at Foss Fields located east of Veterans Parkway and North/West of E Twin Pines Dr. Legal Description: Tract 1 of Mystic Heights at Foss Fields Addition & Portion of S1/2 of Government Lot 2 in the NW ¼ of Section 18-101-48 & Portion of N ½ of Government Lot 2 in the SW ¼ of Section 18-101-48 W of the 5th Principal Meridian to the City of Sioux Falls, Minnehaha County, South Dakota Petitioner: Preston Mettler Staff: Albert Schmidt Staff Recommendation: Approval E. Petition: 10943-2019: PRELIMINARY SUBDIVISION PLAN for Twin Towers 2nd Addition located between E 3rd St. and E 5th St and between Shawnee Ave. and N Twin Towers Cir. Legal Description: Part of SE1/4 NW1/4 of Solar Gardens Addition (Ex. H-1 & H-2 & Twin Towers Addition & Twin Towers 2nd Addition) Section 14-101-49 to the City of Sioux Falls, Minnehaha County, South Dakota Petitioner: Thad Roberts Staff: Albert Schmidt Staff Recommendation: Approval F. Petition: 10972-2019: PRELIMINARY SUBDIVISION PLAN for Grasslands Development located at the northwest corner of W. 34th St. N. and N. Career Ave. Legal Description: Legal Description: A Portion of the S 1/2 of the NW 1/4 of Section 1. Township 101 N. Range 50 W of the 5th Principal Meridian, City of Sioux Falls, Minnehaha County, SD Petitioner: Aaron Norman Staff: Albert Schmidt Staff Recommendation: Approval 3. CONSENT AGENDA APPROVAL REGULAR AGENDA 4. REGULAR AGENDA APPROVAL 5. REGULAR AGENDA PETITIONS A. Petition: 10951-2019: REZONE from the RD-1, Twin Home/Duplex Residential— Suburban and the O, Office Districts to the CN, Conservation, RA-2, Apartment Residential—Moderate Density, RD-1, Twin Home/Duplex Residential—Suburban, and the RD-2, Townhome Residential—Suburban Districts located at 34th St. and Career Ave. Legal Description: A Portion of the S 1/2 of the NW 1/4 of Section 1. Township 101 N. Range 50 W of the 5th Principal Meridian, City of Sioux Falls, Minnehaha County, SD Petitioner: Michael A. Crane Staff: Adam Roach Staff Recommendation: Approval B. Petition: 10487-2019: CONDITIONAL USE PERMIT for an on-sale alcoholic beverage establishment located within 500' of sensitive land use located at 1312 W. 12th St. Legal Description: W 1/2 vacant alley lying adjacent & lots 5-6 block 18 Covell's second addition, Sioux Falls, Minnehaha County, SD Petitioner: Dale Dachtler Staff: Adam Roach Staff Recommendation: Denial C. Petition: 10515-2019: CONDITIONAL USE PERMIT for a on-sale alcoholic beverage establishment located within 500' of a sensitive land use located at 5503 N. Cliff Ave. Legal Description: S 110’ N 300’ & N 100’ S 200’ Tract 2 (Ex H-2, H-3, & H-4) NE ¼ SE ¼ 28-102-49 Sioux Falls City Unplatted Petitioner: Belay Abebe Staff: Adam Roach Staff Recommendation: Approval D. Petition: 10669-2019: CONDITIONAL USE PERMIT for required parking within 250 feet for use located at 1201 S. 7th Ave. Legal Description: Lot 1, John Koch Investments Addition to Sioux Falls, Minnehaha County, SD Petitioner: John Koch Staff: Albert Schmidt Staff Recommendation: Approval E. Petition: 10944-2019: CONDITIONAL USE PERMIT for accessory alcohol within 100’ of sensitive land use and extended store hours located at 1801 S Walts Ave. Legal Description: Lot 1, Block 7, University Addition to the City of Sioux Falls, Minnehaha County, SD Petitioner: Jonathan P. Oppold Staff: Jason Bieber Staff Recommendation: Approval with conditions: For this applicant only F. Petition: 10489-2019: PRELIMINARY SUBDIVISION PLAN for Cloverleaf Business Park Addition located east of N. Marion Rd. and south I-90. Legal Description: SE1/2 NW1/4, S1/2 NE1/4, & NE1/4 SE1/4 Section 25-102-50, Sioux Falls, Minnehaha County, SD Petitioner: Eric Willadsen Staff: Albert Schmidt Staff Recommendation: Deferral to Nov. 6, 2019 G. Petition: 10503-2019: PRELIMINARY SUBDIVISION PLAN for Akerson Addition located south of E. 85th St. and east of S. Minnesota Ave. Legal Description: Akerson's Addition, Tract 2A & Tract 4, NW 1/4 of Section 23, Township 100 N Range 50 W, Lincoln County, SD Petitioner: Steve VanBuskirk Staff: Albert Schmidt Staff Recommendation: Deferral H. Petition: 10775-2019 INITIAL DEVELOPMENT PLAN AMENDMENT for the Sanford Research Campus located at 2301 E 60th St. N Legal Description: Lot 2 (Ex Trs A&B) & Lot 1A Block 1A Hutchinson Addition to the City of Sioux Falls, Minnehaha County, South Dakota Petitioner: Austin Parks Staff: Albert Schmidt Staff Recommendation: Approval I. Petition: 10776-2019 INTIAL DEVELOPMENT PLAN AMENDMENT for the Sanford Sports Complex located east of I-229 and north/south of W. Benson Rd. Legal Description: NE 1/4 of Section 6 Lying West of Lot E-1, Except Lot H-1 and Except Sanford Sports Complex Addition thereof; NW 1/4 of Section 6 Including Lots FE1, FE2, and FE3 thereof, except Lots H-1, H-2, H-3 and H-4 thereof; N 1/2 of the SW 1/4 of Section 6 Including Lots FE1, FE2 and FE3, except Lots H-1, H-2 and H-3 except Sencore Addition and except the S 360' of the E 755' of the W 863' of the N 1/2 of the SW 1/4 Lying Adjacent and Contiguous to Dickey Tract 3 in the SW 1/4; NW 1/4 of Section 6 Lying West of Lot E-1, except Sencore Addition, All in Section 6, Township 101 North, Range 49 West of the 5th P.M. and the NW 1/4 of Section 5 Lying West of Lot E-1, all in Section 5, Township 101 North, Range 49 West of the 5th P.M. & SE 1/4 of Section 31, T101-R49W, City of Sioux Falls, Minnehaha County, SD Petitioner: Austin Parks Staff: Albert Schmidt Staff Recommendation: Approval J. Petition: 10859-2019 INITIAL DEVELOPMENT PLAN AMENDMENT for the Avera South Campus located at 6600 S. Louise Ave. Legal Description: Lot 1, Block 1; Lot 1 & 3, Block 2 of Avera McKennan South Addition to the City of Sioux Falls, Lincoln County, South Dakota Petitioner: Jeremy Josephson Staff: Albert Schmidt Staff Recommendation: Approval 6. PUBLIC INPUT ON NON-AGENDA ITEMS (5-MINUTE COMMENT PERIOD PER INDIVIDUAL) NEW BUSINESS ADJOURNMENT MEETING ASSISTANCE: UPON REQUEST, ACCOMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH DISABILITIES. PLEASE CONTACT THE HUMAN RELATIONS OFFICE, FIRST FLOOR, CITY HALL, 224 WEST 9TH STREET, SIOUX FALLS, SD AT 367-8745 (VOICE) OR 367-7039 (TDD) 48 HOURS IN ADVANCE OF THE MEETING. ADDRESSING THE PLANNING COMMISSION: PERSONS ADDRESSING THE PLANNING COMMISSION SHALL USE THE MICROPHONE AT THE FRONT PODIUM. PLEASE STATE YOUR NAME AND ADDRESS. PRESENTATIONS ARE LIMITED TO FIVE MINUTES.

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