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Planning Commission Meetings

Regular Meeting

Sioux Falls, SD · July 6, 2023

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Minutes

MINUTES Planning Commission Meeting Thursday, July 6, 2023 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, Erica Mullaly, Bradyn Neises, Aaron Norman, Erik Nyberg, John Paulson Commissioners Absent: Dana Fisher CONSENT AGENDA 1. APPROVAL OF MINUTES A. Planning Commission Briefing on June 6, 2023 B. Planning Commission Meeting on June 7, 2023 2. CONSENT AGENDA PETITIONS A. Petition: REZ-018195-2023: Rezoning from the C-4 Commercial—Regional District to the O Office District located north of E. Arrowhead Pkwy. and east of S. Hein Ave. Legal Description: A Portion of Tract 1 and Tract 2 Willows Edge Addition, as Shown by Exhibit, City of Sioux Falls, Minnehaha County, SD B. Petition: REZ-018203-2023: Rezoning from the RA-2 Apartment Residential— Moderate Density District to the RA-3 Apartment Residential—High Density District located south of W. Benson Rd. and west of N. Marion Rd. Legal Description: A Portion of Tract 5 McGee Addition, as Shown by Exhibit, City of Sioux Falls, Minnehaha County, SD C. Petition: REZ-018219-2023: Rezoning from the CN Conservation, C-2 Commercial—Neighborhood and Streetcar, RA-3 Apartment Residential—High Density District to the CN Conservation and C-2 Commercial—Neighborhood and Streetcar District located south of E. 77th St. and east of S. Cliff Ave. Legal Description: Lot 3, Block 1 (Except Lots H-1, H-2, & H-3), USF South Campus Addition, as Shown by Exhibit City of Sioux Falls, Lincoln County, SD D. Petition: REZ-018252-2023: Rezoning from the RS Single-Family Residential - Suburban District to the O Office District located at north of E. 77th St. and west of S. Cliff Ave. Legal Description: A Portion of Lot 4, Block 13 (Except Lot H-1 & Lot 4A), Diamond Valley Addition, as Shown by Exhibit, City of Sioux Falls, Lincoln County, SD E. Petition: REZ-018268-2023: Rezoning from the CN Conservation District to the REC Recreation District located south of E. 26th St. and east of I-229. Legal Description: A Portion of Lot A of Tract 4 and Tracts 2 & 4, in the E1/2SE1/4, and Tracts 3, 6, & 7, Cliff Gardens Addition, as Shown by Exhibit, in the NE1/4, Section 27-T101N-R49W, City of Sioux Falls Unplatted, Minnehaha County, SD F. Petition: SUB-P-018233-2023: Preliminary Subdivision Plan for Aurora's Addition located south of W. Madison St. and east of N. La Mesa Dr. Legal Description: County Auditor’s Tract 2 (Except Tract B of Persons Addition and Lot H-1), NW1/4 Section 14-T101N-R50W, Minnehaha County, SD 3. CONSENT AGENDA APPROVAL A motion was made by Erik Nyberg and seconded by Kurt Johnson to approve the Consent Agenda. Voice vote to approve. 5 Yes: Kurt Johnson, Erica Mullaly, Aaron Norman, Erik Nyberg, John Paulson; 0 No: (None). Motion Passed. Bradyn Neises recused himself from the discussion and vote on this item pursuant to City Ordinance 35.028. REGULAR AGENDA 4. REGULAR AGENDA APPROVAL A motion was made by Kurt Johnson and seconded by John Paulson to approve the Regular Agenda. A motion was made by Bradyn Neises and seconded by Erik Nyberg to amend by moving Item 5E immediately after Item 5A and moving Item 5D immediately after Item 5B. Voice vote to amend. 6 Yes: Kurt Johnson, Erica Mullaly, Bradyn Neises, Aaron Norman, Erik Nyberg, John Paulson; 0 No: (None). Motion Passed. Voice vote to approve, as amended. 6 Yes: Kurt Johnson, Erica Mullaly, Bradyn Neises, Aaron Norman, Erik Nyberg, John Paulson; 0 No: (None). Motion Passed. 5. REGULAR AGENDA PETITIONS A. Petition: REZ-018087-2023: Rezoning from the RD-1 Twin Home/Duplex Residential—Suburban District to the O Office District located north of W. 40th St. and west of S. Phillips Ave. Legal Description: Lots 4-6 and Lot 32 and the E1/2 of Lot 31, Block 2, Broadview Addition, City of Sioux Falls, Minnehaha County, SD A motion was made by Erik Nyberg and seconded by Aaron Norman to withdraw Item 5A. Voice vote to withdraw. 6 Yes: Kurt Johnson, Erica Mullaly, Bradyn Neises, Aaron Norman, Erik Nyberg, John Paulson; 0 No: (None). Motion Passed. Item 5E was heard at this time. See item for action taken. B. Petition: REZ-018108-2023: Rezoning from the RR Single-Family Residential— Rural District to the RS Single-Family Residential—Suburban and RA-3 Apartment Residential—High Density Districts located south of W. Madison St. and east of N. La Mesa Dr. Legal Description: County Auditor’s Tract 2 (Except Tract B of Persons Addition and Lot H-1), as Shown by Exhibit, NW1/4 Section 14-T101N-R50W, Minnehaha County, SD A motion was made by Bradyn Neises and seconded by Kurt Johnson to approve Item 5B. Voice vote to approve. 6 Yes: Kurt Johnson, Erica Mullaly, Bradyn Neises, Aaron Norman, Erik Nyberg, John Paulson; 0 No: (None). Motion Passed. Item 5D was heard at this time. See item for action taken. C. Petition: REZ-018218-2023: Rezoning from the RA-1 Apartment Residential—Low Density District to the S-1 General Institutional District located at 628 S. Dakota Ave. Legal Description: Lots 2, 3, and 4, Block 35, Gale's 5th Addition, City of Sioux Falls, Minnehaha County, SD A motion was made by Erik Nyberg and seconded by Kurt Johnson to approve Item 5C. A motion was made by John Paulson and seconded by Aaron Norman to amend by deferring to the August 2nd Planning Commission Meeting. Voice vote to amend. 1 Yes: John Paulson; 5 No: Kurt Johnson, Erica Mullaly, Bradyn Neises, Aaron Norman, Erik Nyberg. Motion Failed. Voice vote to approve. 5 Yes: Kurt Johnson, Erica Mullaly, Bradyn Neises, Aaron Norman, Erik Nyberg; 1 No: John Paulson. Motion Passed. D. Petition: CU-018124-2023: Conditional Use Permit for an On-Sale Alcoholic Beverage Establishment located at 4401 E. 10th St. Legal Description: Lot 1, Block 1, Taggart Addition, City of Sioux Falls, Minnehaha County, SD A motion was made by Erik Nyberg and seconded by Bradyn Neises to approve Item 5D with the condition to place a minimum of a 4-ft high screen fence along the south property line to screen the parking lot from the property to the south. A motion was made by Kurt Johnson and seconded by Erik Nyberg to amend by deferring to the August 2nd Planning Commission Meeting. Voice vote to amend. 6 Yes: Kurt Johnson, Erica Mullaly, Bradyn Neises, Aaron Norman, Erik Nyberg, John Paulson; 0 No: (None). Motion Passed. E. Petition: Amendment: Ordinance Amending Chapter 160: The 2013 Shape Places Zoning Ordinance of the City of Sioux Falls. Legal Description: A motion was made by Kurt Johnson and seconded by John Paulson to approve Item 5E. Voice vote to approve. 6 Yes: Kurt Johnson, Erica Mullaly, Bradyn Neises, Aaron Norman, Erik Nyberg, John Paulson; 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 Kurt Johnson and seconded by Erica Mullaly to adjourn at 8:20 p.m. Voice vote to adjourn. 6 Yes: Kurt Johnson, Erica Mullaly, Bradyn Neises, Aaron Norman, Erik Nyberg, John Paulson; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk

Agenda

AGENDA Planning Commission Meeting Thursday, July 6, 2023 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 on June 6, 2023 B. Planning Commission Meeting on June 7, 2023 2. CONSENT AGENDA PETITIONS A. Petition: REZ-018195-2023: Rezoning from the C-4 Commercial—Regional District to the O Office District located north of E. Arrowhead Pkwy. and east of S. Hein Ave. Legal Description: A Portion of Tract 1 and Tract 2 Willows Edge Addition, as Shown by Exhibit, City of Sioux Falls, Minnehaha County, SD Petitioner: Signature Companies, LLC Staff: Bess Seaman – Dave Jibben Staff Recommendation: Approval B. Petition: REZ-018203-2023: Rezoning from the RA-2 Apartment Residential— Moderate Density District to the RA-3 Apartment Residential—High Density District located south of W. Benson Rd. and west of N. Marion Rd. Legal Description: A Portion of Tract 5 McGee Addition, as Shown by Exhibit, City of Sioux Falls, Minnehaha County, SD Petitioner: Signature Companies, LLC Staff: Kristen Benidt – Dave Jibben Staff Recommendation: Approval Commission Members Dana Fisher Erica Mullaly Erik Nyberg Kurt Johnson Bradyn Neises, Vice-Chair John Paulson Janet Kittams, Chair Aaron Norman C. Petition: REZ-018219-2023: Rezoning from the CN Conservation, C-2 Commercial—Neighborhood and Streetcar, RA-3 Apartment Residential—High Density District to the CN Conservation and C-2 Commercial—Neighborhood and Streetcar District located south of E. 77th St. and east of S. Cliff Ave. Legal Description: Lot 3, Block 1 (Except Lots H-1, H-2, & H-3), USF South Campus Addition, as Shown by Exhibit City of Sioux Falls, Lincoln County, SD Petitioner: Cliff Bend Properties LLC – Staff: Kristen Benidt Brent Bargmann Staff Recommendation: Approval D. Petition: REZ-018252-2023: Rezoning from the RS Single-Family Residential - Suburban District to the O Office District located at north of E. 77th St. and west of S. Cliff Ave. Legal Description: A Portion of Lot 4, Block 13 (Except Lot H-1 & Lot 4A), Diamond Valley Addition, as Shown by Exhibit, City of Sioux Falls, Lincoln County, SD Petitioner: 1120 Properties, LLC - Staff: Bess Seaman Richard Naser Staff Recommendation: Approval E. Petition: REZ-018268-2023: Rezoning from the CN Conservation District to the REC Recreation District located south of E. 26th St. and east of I-229. Legal Description: A Portion of Lot A of Tract 4 and Tracts 2 & 4, in the E1/2SE1/4, and Tracts 3, 6, & 7, Cliff Gardens Addition, as Shown by Exhibit, in the NE1/4, Section 27-T101N-R49W, City of Sioux Falls Unplatted, Minnehaha County, SD Petitioner: YMCA – Michael Murphy Staff: Kristen Benidt Staff Recommendation: Approval F. Petition: SUB-P-018233-2023: Preliminary Subdivision Plan for Aurora's Addition located south of W. Madison St. and east of N. La Mesa Dr. Legal Description: County Auditor’s Tract 2 (Except Tract B of Persons Addition and Lot H-1), NW1/4 Section 14-T101N-R50W, Minnehaha County, SD Petitioner: Sayre Associates - Jeff Staff: Kristen Benidt Boldt Staff Recommendation: Approval 3. CONSENT AGENDA APPROVAL REGULAR AGENDA 4. REGULAR AGENDA APPROVAL 5. REGULAR AGENDA PETITIONS A. Petition: REZ-018087-2023: Rezoning from the RD-1 Twin Home/Duplex Residential—Suburban District to the O Office District located north of W. 40th St. and west of S. Phillips Ave. Legal Description: Lots 4-6 and Lot 32 and the E1/2 of Lot 31, Block 2, Broadview Addition, City of Sioux Falls, Minnehaha County, SD Petitioner: Hahn Financial Group, Inc – Staff: Kristen Benidt Verlyn Hahn Staff Recommendation: Withdrawal B. Petition: REZ-018108-2023: Rezoning from the RR Single-Family Residential— Rural District to the RS Single-Family Residential—Suburban and RA-3 Apartment Residential—High Density Districts located south of W. Madison St. and east of N. La Mesa Dr. Legal Description: County Auditor’s Tract 2 (Except Tract B of Persons Addition and Lot H-1), as Shown by Exhibit, NW1/4 Section 14-T101N-R50W, Minnehaha County, SD Petitioner: Sayre Associates - Jeff Staff: Kristen Benidt Boldt Staff Recommendation: Approval C. Petition: REZ-018218-2023: Rezoning from the RA-1 Apartment Residential—Low Density District to the S-1 General Institutional District located at 628 S. Dakota Ave. Legal Description: Lots 2, 3, and 4, Block 35, Gale's 5th Addition, City of Sioux Falls, Minnehaha County, SD Petitioner: Kingdom Boundaries Prison Staff: Jason Bieber Aftercare – Jeff Haverhals Staff Recommendation: No Recommendation D. Petition: CU-018124-2023: Conditional Use Permit for an On-Sale Alcoholic Beverage Establishment located at 4401 E. 10th St. Legal Description: Lot 1, Block 1, Taggart Addition, City of Sioux Falls, Minnehaha County, SD Petitioner: East Mercato, LLC – Ayele Staff: Kristen Benidt Adane Staff Recommendation: Approval with conditions: 1. Place a minimum of a 4’ high screen fence along the south property line to screen the parking lot from the property to the south. E. Petition: Amendment: Ordinance Amending Chapter 160: The 2013 Shape Places Zoning Ordinance of the City of Sioux Falls. Sponsor: Alex Jensen, Sioux Falls City Council 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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