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Planning Commission Meetings

Regular Meeting

Sioux Falls, SD · June 2, 2021

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Minutes

MINUTES Planning Commission Meetings Wednesday, June 2, 2021 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: Sean Ervin, Dana Fisher, Kurt Johnson, Janet Kittams, Larry Luetke, Bradyn Neises, Erik Nyberg, John Paulson Commissioners Absent: Aaron Norman CONSENT AGENDA 1. APPROVAL OF MINUTES A. Planning Commission Briefing of Tuesday, May 4, 2021 B. Planning Commission Meeting of Wednesday, May 5, 2021 2. CONSENT AGENDA PETITIONS A. Petition: REZ-014365-2021: Rezoning from the CN, Conservation and RA-3, Apartment Residential—High Density Districts to the RD-2, Townhome Residential—Suburban District located NW of the corner of E. Bull Pine Trl. and S. Six Mile Rd. Legal Description: Portion of Lot 1A of Block 2 and all of Lot 1A of Block 3in Ponderosa Highlands Addition, as shown by exhibit, Minnehaha County B. Petition: REZ-014368-2021: Rezoning from the C-2, Commercial—Neighborhood and Streetcar District to the RD-2, Townhome Residential—Suburban District located at 1201 N. Marion Rd. Legal Description: Lot 1 in Block 4 (Except Lot H1) of Lalley Estates Addition, Minnehaha County C. Petition: REZ-014340-2021: Rezoning from the CN, Conservation; RS, Single- Family Residential—Suburban; RD-1, Twin Home/Duplex Residential—Suburban; RD-2, Townhome Residential—Suburban; O, Office; LW, Live-Work; RA-2, Apartment Residential—Moderate Density; RA-3, Apartment Residential—High Density; C-2, Commercial—Neighborhood and Streetcar; C-3, Commercial— Community Districts to the RD-1, Twin Home/Duplex Residential—Suburban; RD-2, Townhome Residential—Suburban, RA-2, Apartment Residential—Moderate Density, and C-2, Commercial—Neighborhood and Streetcar Districts located SW of the corner of E. 26th St. and S. Veterans Pkwy. Legal Description: Portion of NE1/4 (Except Lots H1, 2, 3, 4, 5, 5, 6, 6, 7 & 8 & Except Kappenmans Tracts & Except Kappenman’s Wetland Addition & Except Kappenman’s Second Addition) all in Section 25, Township 101 N, Range 49 W of the 5th P.M., as shown by exhibit, Minnehaha County D. Petition: CU-014281-2021: Conditional Use Permit to allow a low slope (flat) roof instead of minimum 4:12 pitch for a new office building located at 3900 N Northview Ave. Legal Description: Lot 8A of Block 5 in Jansmick Addition, Minnehaha County E. Petition: CU-014331-2021: Conditional Use Permit for On-Sale Alcohol Beverage Establishment within 500’ of a Sensitive Use located at the NW Corner of W. 41st St. & S. Purdue Ave. Legal Description: Part of Unplatted in Section 27, Township 101 N, Range 50 W of the 5 P.M., Minnehaha County F. Petition: CU-014339-2021: Conditional Use Permit for On-sale Alcohol Beverage Establishment within 500’ of a Sensitive Use located at 1602 S. Sycamore Ave. Legal Description: Tract B of Lot 1 of Tract 3 in Carriage Villa Addition, Minnehaha County G. Petition: PUD-014306-2021: Planned Unit Development Initial Development Plan Amendment to update building and sign locations in the initial development plan located south of W. Lake Shore Blvd. and east of S. Marion Rd. Legal Description: S1/2 of Vacated W Jeanne Drive Lying Adjacent & Tract 1 (Except lots H1 & H2) of Anderson Tracts, Minnehaha County 3. CONSENT AGENDA APPROVAL A motion was made by Sean Ervin and seconded by Larry Luetke to approve the Consent Agenda. Voice vote to approve. 7 Yes: Sean Ervin, Dana Fisher, Kurt Johnson, Janet Kittams, Larry Luetke, Bradyn Neises, John Paulson; 0 No: (None). Motion Passed. REGULAR AGENDA 4. REGULAR AGENDA APPROVAL A motion was made by Kurt Johnson and seconded by Larry Luetke to approve the Regular Agenda. Voice vote to approve. 7 Yes: Sean Ervin, Dana Fisher, Kurt Johnson, Janet Kittams, Larry Luetke, Bradyn Neises, John Paulson; 0 No: (None). Motion Passed. 5. REGULAR AGENDA PETITIONS A. Petition: REZ-014369-2021: Rezoning from the AG, Agriculture District to the RD- 1, Twin Home/Duplex Residential—Suburban district located at 8300 & 8400 W 48th St. Legal Description: Tract 1 of Burkey Tracts and Lot B in Tract 2 of Murphy Tracts, Minnehaha County A motion was made by Kurt Johnson and seconded by Bradyn Neises to approve Item 5A. Voice vote to approve. 7 Yes: Sean Ervin, Dana Fisher, Kurt Johnson, Janet Kittams, Larry Luetke, Bradyn Neises, John Paulson; 0 No: (None). Motion Passed. B. Petition: SUB-P-014338-2021: Preliminary Subdivision Plan for Equestrian Estates Addition located at 8400 W. 48th St. Legal Description: Tract 1 of Burkey Tracts and Lot B in Tract 2 of Murphy Tracts, Minnehaha County A motion was made by Janet Kittams and seconded by Bradyn Neises to approve Item 5B. Voice vote to approve. 7 Yes: Sean Ervin, Dana Fisher, Kurt Johnson, Janet Kittams, Larry Luetke, Bradyn Neises, John Paulson; 0 No: (None). Motion Passed. C. Petition: An Ordinance of the City of Sioux Falls, SD, Adding A Temporary Ordinance Regarding the Issuance of Local Medical Cannabis Establishment Zoning Permits and Licenses Legal Description: A motion was made by Larry Luetke and seconded by Dana Fisher to approve Item 5C. Voice vote to approve. 7 Yes: Sean Ervin, Dana Fisher, Kurt Johnson, Janet Kittams, Larry Luetke, Bradyn Neises, John Paulson; 0 No: (None). Motion Passed. Planning Commission Chair Erik Nyberg passed the gavel to Planning Commission Vice-Chair John Paulson. Nyberg cited a conflict of interest with the remaining items on the agenda and left the meeting at this time. D. Petition: The Project Boundary for Tax Increment Finance District #24 Legal Description: Tax Incremental District #24 A motion was made by Kurt Johnson and seconded by Larry Luetke to approve Item 5D A. Motion to designate the boundary of Tax Incremental District #24. Voice vote to approve. 7 Yes: Sean Ervin, Dana Fisher, Kurt Johnson, Janet Kittams, Larry Luetke, Bradyn Neises, John Paulson; 0 No: (None). Motion Passed. A motion was made by Kurt Johnson and seconded by Larry Luetke to approve Item 5D B. Motion to recommend approval of Tax Incremental District #24. Voice vote to approve. 7 Yes: Sean Ervin, Dana Fisher, Kurt Johnson, Janet Kittams, Larry Luetke, Bradyn Neises, John Paulson; 0 No: (None). Motion Passed. E. Petition: The Project Plan for Tax Increment Finance District #24 Legal Description: Tax Increment District #24 A motion was made by Sean Ervin and seconded by Kurt Johnson to approve Item 5E A. Motion to adopt the Project Plan for Tax Incremental District #24. Voice vote to approve. 7 Yes: Sean Ervin, Dana Fisher, Kurt Johnson, Janet Kittams, Larry Luetke, Bradyn Neises, John Paulson; 0 No: (None). Motion Passed. A motion was made by Janet Kittams and seconded by Larry Luetke to approve Item 5E B. Motion to recommend approval of the Project Plan for Tax Incremental District #24. Voice vote to approve. 7 Yes: Sean Ervin, Dana Fisher, Kurt Johnson, Janet Kittams, Larry Luetke, Bradyn Neises, John Paulson; 0 No: (None). Motion Passed. Planning Commissioner Bradyn Neises cited a conflict of interest with the remaining items and left the meeting at this time. F. Petition: The Project Boundary for Tax Increment Finance District #25 Legal Description: Tax Incremental District #25 A motion was made by Kurt Johnson and seconded by Sean Ervin to approve Item 5F A. Motion to designate the boundary of Tax Incremental District #25. Voice vote to approve. 5 Yes: Sean Ervin, Dana Fisher, Kurt Johnson, Janet Kittams, Larry Luetke; 0 No: (None). Motion Passed. A motion was made by Kurt Johnson and seconded by Larry Luetke to approve Item 5F B. Motion to recommend approval of Tax Incremental District #25. Voice vote to approve. 5 Yes: Sean Ervin, Dana Fisher, Kurt Johnson, Janet Kittams, Larry Luetke; 0 No: (None). Motion Passed. G. Petition: The Project Plan for Tax Increment Finance District #25 Legal Description: Tax Incremental District #25 A motion was made by Sean Ervin and seconded by Kurt Johnson to approve Item 5G A. Motion to adopt the Project Plan for Tax Incremental District #25. Voice vote to approve. 5 Yes: Sean Ervin, Dana Fisher, Kurt Johnson, Janet Kittams, Larry Luetke; 0 No: (None). Motion Passed. A motion was made by Kurt Johnson and seconded by Larry Luetke to approve Item 5G B. Motion to recommend approval of the Project Plan for Tax Incremental District #25. Voice vote to approve. 5 Yes: Sean Ervin, Dana Fisher, Kurt Johnson, Janet Kittams, Larry Luetke; 0 No: (None). Motion Passed. 6. PUBLIC INPUT ON NON-AGENDA ITEMS (5-MINUTE COMMENT PERIOD PER INDIVIDUAL) Scott Ehrisman spoke against staff being able to make recommendations of approval for meeting items. NEW BUSINESS There was none. ADJOURNMENT A motion was made by Kurt Johnson and seconded by Larry Luetke to adjourn at 7:33 p.m. Voice vote to adjourn. 5 Yes: Sean Ervin, Dana Fisher, Kurt Johnson, Janet Kittams, Larry Luetke; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk

Agenda

AGENDA Planning Commission Meetings Wednesday, June 2, 2021 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, May 4, 2021 B. Planning Commission Meeting of Wednesday, May 5, 2021 2. CONSENT AGENDA PETITIONS A. Petition: REZ-014365-2021: Rezoning from the CN, Conservation and RA-3, Apartment Residential—High Density Districts to the RD-2, Townhome Residential—Suburban District located NW of the corner of E. Bull Pine Trl. and S. Six Mile Rd. Legal Description: Portion of Lot 1A of Block 2 and all of Lot 1A of Block 3in Ponderosa Highlands Addition, as shown by exhibit, Minnehaha County Petitioner: Assam, F & K Family LLC Staff: Adam Roach (Sam Assam) Staff Recommendation: Approval B. Petition: REZ-014368-2021: Rezoning from the C-2, Commercial—Neighborhood and Streetcar District to the RD-2, Townhome Residential—Suburban District located at 1201 N. Marion Rd. Legal Description: Lot 1 in Block 4 (Except Lot H1) of Lalley Estates Addition, Minnehaha County Petitioner: Aspen Heights LLC (Clint Staff: Albert Schmidt Ackerman) Staff Recommendation: Approval Commission Members Sean Ervin Janet Kittams Aaron Norman Dana Fisher Larry Luetke Erik Nyberg, Chair Kurt Johnson Bradyn Neises John Paulson, Vice-Chair C. Petition: REZ-014340-2021: Rezoning from the CN, Conservation; RS, Single- Family Residential—Suburban; RD-1, Twin Home/Duplex Residential—Suburban; RD-2, Townhome Residential—Suburban; O, Office; LW, Live-Work; RA-2, Apartment Residential—Moderate Density; RA-3, Apartment Residential—High Density; C-2, Commercial—Neighborhood and Streetcar; C-3, Commercial— Community Districts to the RD-1, Twin Home/Duplex Residential—Suburban; RD-2, Townhome Residential—Suburban, RA-2, Apartment Residential—Moderate Density, and C-2, Commercial—Neighborhood and Streetcar Districts located SW of the corner of E. 26th St. and S. Veterans Pkwy. Legal Description: Portion of NE1/4 (Except Lots H1, 2, 3, 4, 5, 5, 6, 6, 7 & 8 & Except Kappenmans Tracts & Except Kappenman’s Wetland Addition & Except Kappenman’s Second Addition) all in Section 25, Township 101 N, Range 49 W of the 5th P.M., as shown by exhibit, Minnehaha County Petitioner: G & D Harr Construction Staff: Albert Schmidt LLC (Gary Harr) Staff Recommendation: Approval D. Petition: CU-014281-2021: Conditional Use Permit to allow a low slope (flat) roof instead of minimum 4:12 pitch for a new office building located at 3900 N Northview Ave. Legal Description: Lot 8A of Block 5 in Jansmick Addition, Minnehaha County Petitioner: Banner Associates Inc. Staff: Adam Roach (Neil Eichstadt) Staff Recommendation: Approval E. Petition: CU-014331-2021: Conditional Use Permit for On-Sale Alcohol Beverage Establishment within 500’ of a Sensitive Use located at the NW Corner of W. 41st St. & S. Purdue Ave. Legal Description: Part of Unplatted in Section 27, Township 101 N, Range 50 W of the 5 P.M., Minnehaha County Petitioner: Classic Convenience Inc. Staff: Adam Roach (Justin Goth) Staff Recommendation: Approval F. Petition: CU-014339-2021: Conditional Use Permit for On-sale Alcohol Beverage Establishment within 500’ of a Sensitive Use located at 1602 S. Sycamore Ave. Legal Description: Tract B of Lot 1 of Tract 3 in Carriage Villa Addition, Minnehaha County Petitioner: Louie Mai Zhen Staff: Adam Roach Staff Recommendation: Approval G. Petition: PUD-014306-2021: Planned Unit Development Initial Development Plan Amendment to update building and sign locations in the initial development plan located south of W. Lake Shore Blvd. and east of S. Marion Rd. Legal Description: S1/2 of Vacated W Jeanne Drive Lying Adjacent & Tract 1 (Except lots H1 & H2) of Anderson Tracts, Minnehaha County Petitioner: Frissen Development Staff: Albert Schmidt (Cynthia Monnin) Staff Recommendation: Approval 3. CONSENT AGENDA APPROVAL REGULAR AGENDA 4. REGULAR AGENDA APPROVAL 5. REGULAR AGENDA PETITIONS A. Petition: REZ-014369-2021: Rezoning from the AG, Agriculture District to the RD- 1, Twin Home/Duplex Residential—Suburban district located at 8300 & 8400 W 48th St. Legal Description: Tract 1 of Burkey Tracts and Lot B in Tract 2 of Murphy Tracts, Minnehaha County Petitioner: Sundance Group Inc (Jeff Staff: Albert Schmidt Shotkoski) Staff Recommendation: Deferral B. Petition: SUB-P-014338-2021: Preliminary Subdivision Plan for Equestrian Estates Addition located at 8400 W. 48th St. Legal Description: Tract 1 of Burkey Tracts and Lot B in Tract 2 of Murphy Tracts, Minnehaha County Petitioner: Willadsen Lund Engineering Staff: Adam Roach Corp (Eric Willadsen) Staff Recommendation: Approval C. Petition: An Ordinance of the City of Sioux Falls, SD, Adding A Temporary Ordinance Regarding the Issuance of Local Medical Cannabis Establishment Zoning Permits and Licenses Staff: Sam Trebilcock D. Petition: The Project Boundary for Tax Increment Finance District #24 Legal Description: Tax Incremental District #24 Petitioner: CR Lloyd Associates, Inc. Staff: Dustin Powers (Jake Quasney) Staff Recommendation: A. Motion to designate the boundary of Tax Incremental District #24 B. Motion to recommend approval of Tax Incremental District #24 E. Petition: The Project Plan for Tax Increment Finance District #24 Legal Description: Tax Increment District #24 Petitioner: CR Lloyd Associates, Inc. Staff: Dustin Powers (Jake Quasney) Staff Recommendation: A. Motion to adopt the Project Plan for Tax Incremental District #24 B. Motion to recommend approval of the Project Plan for Tax Incremental District #24 F. Petition: The Project Boundary for Tax Increment Finance District #25 Legal Description: Tax Incremental District #25 Petitioner: Cherapa II, LLC (Jeff Staff: Dustin Powers Scherschligt) Staff Recommendation: A. Motion to designate the boundary of Tax Incremental District #25 B. Motion to recommend approval of Tax Incremental District #25 G. Petition: The Project Plan for Tax Increment Finance District #25 Legal Description: Tax Incremental District #25 Petitioner: Cherapa II, LLC (Jeff Staff: Dustin Powers Scherschligt) Staff Recommendation: A. Motion to adopt the Project Plan for Tax Incremental District #25 B. Motion to recommend approval of the Project Plan for Tax Incremental District #25 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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