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Planning Commission Meetings

Regular Meeting

Sioux Falls, SD · January 5, 2022

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Minutes

MINUTES Planning Commission Meeting Wednesday, January 5, 2022 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: Kurt Johnson, Janet Kittams, Larry Luetke, Bradyn Neises, Erik Nyberg, John Paulson Commissioners Absent: Sean Ervin, Dana Fisher, Aaron Norman CONSENT AGENDA Planning Commission Chair Erik Nyberg recused himself from the meeting, due to a conflict with an item on the Consent Agenda, and passed the gavel to Vice-Chair John Paulson. 1. APPROVAL OF MINUTES A. Planning Commission Briefing of Tuesday, November 30, 2021 B. Planning Commission Meeting of Wednesday, December 1, 2021 2. CONSENT AGENDA PETITIONS A. Petition: REZ-015535-2021: Rezoning from the C-3, Community Commercial District to the O, Office District located at 7201 S. MINNESOTA AVE. Legal Description: A portion of Tract 2 of Garden Village II Addition, City of Sioux Falls, Lincoln County, as shown by Exhibit B. Petition: REZ-015627-2021: Rezoning from the C-2, Neighborhood Commercial District to the RS, Single-Family Residential—Suburban and the CN, Conservation District located northeast of the intersection of E. 6th St. and Veterans Pkwy. as shown by Exhibit. Legal Description: Portion of the W1/2 NW1/4 (EX H-1, H6, H6, H7, H7, & H8) 18-101-48 Sioux Falls City Unplatted, Minnehaha County C. Petition: REZ-015634-2021: Rezoning from the RA-2, Residential - Apartment Moderate Density District to the RS, Single-Family Residential—Suburban and RD- 1, Twin Home/Duplex Residential—Suburban Districts located at 7300 E. 41ST ST. Legal Description: Legal Description: Tract 2 30-101-48 Sioux Falls City Unplatted, Minnehaha County, As shown by Exhibit D. Petition: REZ-015655-2021: Rezoning from the C-2, Commercial—Neighborhood and Streetcar LW, Live-Work Districts to the C-3, Commercial—Community and C- 2, Commercial—Neighborhood Districts located south of E. 57TH & east and west of S. RATELIFF AVE. Legal Description: A Portion of Gov Lot 3 in the NW1/4 & N1/2NE1/4SW1/4, Except .05 AC RD & Lot H-1 & Harvest Creek Add and a Portion of Tract 1 of Hobson's Addition - E1/2 - & W1/2 Of Vacated Merlin Ave, as shown by Exhibit E. Petition: REZ-015656-2021: Rezoning from the RT-1, Single-Family Residential - Traditional District to the RT-2, Townhome Residential - Traditional District located at 736 S. 1ST AVE. Legal Description: Lot 10, Block 42, Gale's 6th Addition to Sioux Falls, Minnehaha County F. Petition: REZ-015686-2021: Rezoning from the C-2 Neighborhood Commercial District to the I-1, Light Industrial District located at 5211 and 5217 N. HEALY LN. Legal Description: Lots 7 & 8 Block 2 Rogers Sub #3 SE1/4 28-102-49, City of Sioux Falls, Minnehaha County G. Petition: REZ-015687-2021: Rezoning from the C-4, Regional Commercial District to the I-1, Light Industrial District located at 2215 N. WESTPORT AVE. Legal Description: Lot 3A Triple Crown Addition to the City of Sioux Falls, Minnehaha County H. Petition: REZ-015735-2021: Rezoning from the RD-2, Townhome Residential – Suburban to the LW Live-Work District located south of E. 57th St. and west of S. Dubuque Ave. Legal Description: A portion of SF—Tract 1 of Hobson’s Add-E1/2-& W1/2 of Vacated Merlin Avenue as shown by exhibit I. Petition: CU-015628-2021: Conditional Use Permit for a Medical Cannabis Dispensary located within 500 – 1,000ft of a sensitive land use located at 3613 W. AVERA DR. Legal Description: Lot 4 - Block 4, Sonler Addition to the City of Sioux Falls, Lincoln County A motion was made by Kurt Johnson and seconded by Larry Luetke to approve Item 2I. Voice vote to approve. 4 Yes: Kurt Johnson, Janet Kittams, Larry Luetke, Bradyn Neises; 1 No: John Paulson. Motion Passed. J. Petition: CU-015691-2021: Conditional Use Permit for a Medical Cannabis Dispensary located within 500 - 1000ft of a sensitive land use located at 3215 S. CAROLYN AVE. Legal Description: S200.6' N455.6' Eagan Tract 2 In Tract 5 Lot 2 Sioux Falls Farmstead Resub Sec 25-101-50 In City of Sioux Falls, Minnehaha County 3. CONSENT AGENDA APPROVAL A motion was made by Janet Kittams and seconded by Bradyn Neises to approve the Consent Agenda. A motion was made by Kurt Johnson and seconded by Larry Luetke to amend by placing Item 2I on the Regular Agenda. Voice vote to amend. 4 Yes: Kurt Johnson, Janet Kittams, Larry Luetke, Bradyn Neises; 0 No: (None). Motion Passed. Voice vote to approve, as amended. 4 Yes: Kurt Johnson, Janet Kittams, Larry Luetke, Bradyn Neises; 0 No: (None). Motion Passed. REGULAR AGENDA Planning Commission Chair Erik Nyberg returned to the meeting and the gavel was passed back to him. 4. REGULAR AGENDA APPROVAL A motion was made by Larry Luetke and seconded by Janet Kittams to approve the Regular Agenda. Voice vote to approve. 5 Yes: Kurt Johnson, Janet Kittams, Larry Luetke, Bradyn Neises, John Paulson; 0 No: (None). Motion Passed. 5. REGULAR AGENDA PETITIONS Item 2I was heard at this time. See item for action taken. A. Petition: REZ-015482-2021: Rezoning from the RS, Single-Family Residential – Suburban and O, Office Districts to the RA-3, Apartment Residential—High Density and CN, Conservation Districts located at 2201 W. OLD YANKTON CIR. Legal Description: Tract 2 of Peterson’s Subdivision a part of Government Lot 1, Except Lot A of Tract 2, Lincoln County A motion was made by Bradyn Neises and seconded by Larry Luetke to withdraw Item 5A. Voice vote to withdraw. 5 Yes: Kurt Johnson, Janet Kittams, Larry Luetke, Bradyn Neises, John Paulson; 0 No: (None). Motion Passed. B. Petition: REZ-015101-2021: Rezoning from the AG, Agriculture District to the RS, Single-Family Residential—Suburban, RD-1, Twin Home/Duplex Residential— Suburban, RD-2, Townhome Residential—Suburban and RA-2, Apartment Residential—Moderate Density Districts located south of W. 41st Street and west of S. Ellis Road. Legal Description: Tract A of the Ollerich Farms 2nd Addition, Minnehaha County A motion was made by Larry Luetke and seconded by Bradyn Neises to approve Item 5B. Voice vote to approve. 5 Yes: Kurt Johnson, Janet Kittams, Larry Luetke, Bradyn Neises, John Paulson; 0 No: (None). Motion Passed. C. Petition: SUB-P-015671-2021: Preliminary Subdivision Plan for 41Ellis Addition located south of W. 41st Street and west of S. Ellis Road. Legal Description: Tract A of the Ollerich Farms 2nd Addition, Minnehaha County A motion was made by Larry Luetke and seconded by Bradyn Neises to approve Item 5C. Voice vote to approve. 5 Yes: Kurt Johnson, Janet Kittams, Larry Luetke, Bradyn Neises, John Paulson; 0 No: (None). Motion Passed. 6. PUBLIC INPUT ON NON-AGENDA ITEMS (5-MINUTE COMMENT PERIOD PER INDIVIDUAL) Emmett Reistroffer spoke about his support of urban density. NEW BUSINESS There was none. ADJOURNMENT A motion was made by Larry Luetke and seconded by Kurt Johnson to adjourn at 6:26 p.m. Voice vote to adjourn. 5 Yes: Kurt Johnson, Janet Kittams, Larry Luetke, Bradyn Neises, John Paulson; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk

Agenda

AGENDA Planning Commission Meeting Wednesday, January 5, 2022 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, November 30, 2021 B. Planning Commission Meeting of Wednesday, December 1, 2021 2. CONSENT AGENDA PETITIONS A. Petition: REZ-015535-2021: Rezoning from the C-3, Community Commercial District to the O, Office District located at 7201 S. MINNESOTA AVE. Legal Description: A portion of Tract 2 of Garden Village II Addition, City of Sioux Falls, Lincoln County, as shown by Exhibit Petitioner: Sayre Associates - Tyson Staff: Kristen Benidt Hasz Staff Recommendation: Approval B. Petition: REZ-015627-2021: Rezoning from the C-2, Neighborhood Commercial District to the RS, Single-Family Residential—Suburban and the CN, Conservation District located northeast of the intersection of E. 6th St. and Veterans Pkwy. as shown by Exhibit. Legal Description: Portion of the W1/2 NW1/4 (EX H-1, H6, H6, H7, H7, & H8) 18-101-48 Sioux Falls City Unplatted, Minnehaha County Petitioner: Mystic Creek, LLC – Staff: Kristen Benidt Preston Mettler 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-015634-2021: Rezoning from the RA-2, Residential - Apartment Moderate Density District to the RS, Single-Family Residential—Suburban and RD- 1, Twin Home/Duplex Residential—Suburban Districts located at 7300 E. 41ST ST. Legal Description: Legal Description: Tract 2 30-101-48 Sioux Falls City Unplatted, Minnehaha County, As shown by Exhibit Petitioner: Schmitz Kalda And Staff: Adam Roach Associates, Inc. – Kim Buell Staff Recommendation: Approval D. Petition: REZ-015655-2021: Rezoning from the C-2, Commercial—Neighborhood and Streetcar LW, Live-Work Districts to the C-3, Commercial—Community and C- 2, Commercial—Neighborhood Districts located south of E. 57TH ST. & east and west of S. RATELIFF AVE. Legal Description: A Portion of Gov Lot 3 in the NW1/4 & N1/2NE1/4SW1/4, Except .05 AC RD & Lot H-1 & Harvest Creek Add and a Portion of Tract 1 of Hobson's Addition - E1/2 - & W1/2 Of Vacated Merlin Ave, as shown by Exhibit Petitioner: VanBuskirk Companies - Staff: Adam Roach Ryan Tysdal Staff Recommendation: Approval E. Petition: REZ-015656-2021: Rezoning from the RT-1, Single-Family Residential - Traditional District to the RT-2, Townhome Residential - Traditional District located at 736 S. 1ST AVE. Legal Description: Lot 10, Block 42, Gale's 6th Addition to Sioux Falls, Minnehaha County Petitioner: Aaron George Properties, Staff: Adam Roach LLC – Aaron George Staff Recommendation: Approval F. Petition: REZ-015686-2021: Rezoning from the C-2 Neighborhood Commercial District to the I-1, Light Industrial District located at 5211 and 5217 N. HEALY LN. Legal Description: Lots 7 & 8 Block 2 Rogers Sub #3 SE1/4 28-102-49, City of Sioux Falls, Minnehaha County Petitioner: Sterling Real Estate Trust - Staff: Kristen Benidt Mason Kossan Staff Recommendation: Approval G. Petition: REZ-015687-2021: Rezoning from the C-4, Regional Commercial District to the I-1, Light Industrial District located at 2215 N. WESTPORT AVE. Legal Description: Lot 3A Triple Crown Addition to the City of Sioux Falls, Minnehaha County Petitioner: Natadman, LLC – Bradley Staff: Adam Roach Halverson Staff Recommendation: Approval H. Petition: REZ-015735-2021: Rezoning from the RD-2, Townhome Residential – Suburban to the LW Live-Work District located south of E. 57th St. and west of S. Dubuque Ave. Legal Description: A portion of SF—Tract 1 of Hobson’s Add-E1/2-& W1/2 of Vacated Merlin Avenue as shown by exhibit Petitioner: VanBuskirk Companies - Staff: Adam Roach Ryan Tysdal Staff Recommendation: Approval I. Petition: CU-015628-2021: Conditional Use Permit for a Medical Cannabis Dispensary located within 500 – 1,000ft of a sensitive land use located at 3613 W. AVERA DR. Legal Description: Lot 4 - Block 4, Sonler Addition to the City of Sioux Falls, Lincoln County Petitioner: East River Farms – Staff: Jason Bieber Cameron Young Staff Recommendation: Approval J. Petition: CU-015691-2021: Conditional Use Permit for a Medical Cannabis Dispensary located within 500 - 1000ft of a sensitive land use located at 3215 S. CAROLYN AVE. Legal Description: S200.6' N455.6' Eagan Tract 2 In Tract 5 Lot 2 Sioux Falls Farmstead Resub Sec 25-101-50 In City of Sioux Falls, Minnehaha County Petitioner: Cannacare Medical Staff: Jason Bieber Dispensary – Paul Setterholm Staff Recommendation: Approval 3. CONSENT AGENDA APPROVAL REGULAR AGENDA 4. REGULAR AGENDA APPROVAL 5. REGULAR AGENDA PETITIONS A. Petition: REZ-015482-2021: Rezoning from the RS, Single-Family Residential – Suburban and O, Office Districts to the RA-3, Apartment Residential—High Density and CN, Conservation Districts located at 2201 W. OLD YANKTON CIR. Legal Description: Tract 2 of Peterson’s Subdivision a part of Government Lot 1, Except Lot A of Tract 2, Lincoln County Petitioner: DGR Engineering - Jesse Staff: Adam Roach Morris Staff Recommendation: Withdrawn B. Petition: REZ-015101-2021: Rezoning from the AG, Agriculture District to the RS, Single-Family Residential—Suburban, RD-1, Twin Home/Duplex Residential— Suburban, RD-2, Townhome Residential—Suburban and RA-2, Apartment Residential—Moderate Density Districts located south of W. 41st Street and west of S. Ellis Road. Legal Description: Tract A of the Ollerich Farms 2nd Addition, Minnehaha County Petitioner: 41Ellis, LLC - Brady Hyde Staff: Kristen Benidt Staff Recommendation: Approval C. Petition: SUB-P-015671-2021: Preliminary Subdivision Plan for 41Ellis Addition located south of W. 41st Street and west of S. Ellis Road. Legal Description: Tract A of the Ollerich Farms 2nd Addition, Minnehaha County Petitioner: Design and Develop Staff: Kristen Benidt Engineering, LLC – David Jibben 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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