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Planning Commission Meetings

Regular Meeting

Sioux Falls, SD · December 6, 2023

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Minutes

MINUTES Planning Commission Meeting Wednesday, December 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, Erik Nyberg, John Paulson Commissioners Absent: Dana Fisher, Mike Gray, Bradyn Neises, Aaron Norman CONSENT AGENDA 1. APPROVAL OF MINUTES A. Planning Commission Briefing on October 31, 2023 B. Planning Commission Meeting on November 1, 2023 2. CONSENT AGENDA PETITIONS A. Petition: REZ-018931-2023: Rezoning from the AG Agriculture District to the I-2 Heavy Industrial District located south of E. 60th St. N. and east of N. Sycamore Ave. Legal Description: The N1/2NW1/4 (Except Lot H1) and the NW1/4NE1/4 in Section 36-T102N-R49W, City of Sioux Falls, Minnehaha County, SD B. Petition: REZ-018962-2023: Rezoning from the I-1 Light Industrial District to the CN Conservation District located north of E. Robur Dr. and east of N. Interchange Ave. Legal Description: A Portion of Tract 1 of Interstate Crossings Addition (Except Lot 1 of Block 1 and Lot 1 of Block 2), as Shown by Exhibit, City of Sioux Falls, Minnehaha County, SD C. Petition: REZ-018964-2023: Rezoning from the AG Agriculture and C-4 Commercial - Regional Districts to the CN Conservation, S-2 Institutional Campus PUD District, and Approval of the Initial Development Plan for Sanford 2nd Addition Planned Unit Development located north of E. 57th St. and east of Veterans Pkwy. Legal Description: Tracts 2, 3, & 4 of Harris Tracts, Lot A of Tract 2 of Harris Tracts, and Tract 2 of Friends Addition (Except Lots H1 through H4 in Tract 2), SW1/4 Section 31-T101N-R48W, as Shown by Exhibit, City of Sioux Falls, Minnehaha County, SD A motion was made by Kurt Johnson and seconded by Erica Mullaly to approve Item 2C. Voice vote to approve. 3 Yes: Kurt Johnson, Erica Mullaly, Erik Nyberg; 0 No: (None). Motion Passed. John Paulson recused himself from the discussion and vote on this item pursuant to City Ordinance 35.028. D. Petition: REZ-018966-2023: Rezoning from the LW Live/Work, RA-1 Apartment Residential - Low Density, and RD-2 Townhome Residential - Suburban Districts to the RT-2 Townhome Residential - Traditional District located south of E. 69th St. and west of S. Sycamore Ave. Legal Description: A Portion of the W1/2NE1/4 and the NE1/4NE1/4 (Except Leubecher 2nd Addition & Lot H-1), all in Section 18-T100N-R49W, as Shown by Exhibit, City of Sioux Falls, Lincoln County, SD E. Petition: CU-018956-2023: Conditional Use Permit for an Off-Premises Sign over 288 square feet located south of E. 26th St. and east of I-229. Legal Description: Lot A of Tract 4 and Tracts 2 & 4, in the E1/2SE1/4, and Tracts 3, 6, & 7, Cliff Gardens Addition, in the NE1/4, Section 27-T101N-R49W, City of Sioux Falls, Minnehaha County, SD F. Petition: CU-018957-2023: Conditional Use Permit for an Off-Premises Sign over 288 square feet located south of E. 26th St. and east of I-229. Legal Description: Lot A of Tract 4 and Tracts 2 & 4, in the E1/2SE1/4, and Tracts 3, 6, & 7, Cliff Gardens Addition, in the NE1/4, Section 27-T101N-R49W, City of Sioux Falls, Minnehaha County, SD G. Petition: SUB-P-018489-2023: Preliminary Subdivision Plan for the Sanford 2nd Addition located north of E. 57th St. and east of Veterans Pkwy. Legal Description: Tract 2 of Friends Addition in the SW1/4 Section 31-T101N- R48W, City of Sioux Falls, Minnehaha County, SD A motion was made by Erik Nyberg and seconded by Erica Mullaly to approve Item 2G. Voice vote to approve. 3 Yes: Kurt Johnson, Erica Mullaly, Erik Nyberg; 0 No: (None). Motion Passed. John Paulson recused himself from the discussion and vote on this item pursuant to City Ordinance 35.028. 3. CONSENT AGENDA APPROVAL A motion was made by Erica Mullaly and seconded by Kurt Johnson to approve the Consent Agenda. A motion was made by Erica Mullaly and seconded by Kurt Johnson to amend by moving Items 2C and 2G to the Regular Agenda. Voice vote to amend. 3 Yes: Kurt Johnson, Erica Mullaly, Erik Nyberg; 0 No: (None). Motion Passed. John Paulson recused himself from the discussion and vote on this item pursuant to City Ordinance 35.028. Voice vote to approve, as amended. 3 Yes: Kurt Johnson, Erica Mullaly, Erik Nyberg; 0 No: (None). Motion Passed. John Paulson 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 Erik Nyberg and seconded by Kurt Johnson to approve the Regular Agenda. Voice vote to approve. 3 Yes: Kurt Johnson, Erica Mullaly, Erik Nyberg; 0 No: (None). Motion Passed. John Paulson recused himself from the discussion and vote on this item pursuant to City Ordinance 35.028. Item 2C was heard at this time. See item for action taken. Item 2G was heard at this time. See item for action taken. 5. REGULAR AGENDA PETITIONS A. 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 John Paulson and seconded by Erica Mullaly to approve Item 5A. Voice vote to approve. 4 Yes: Kurt Johnson, Erica Mullaly, Erik Nyberg, John Paulson; 0 No: (None). Motion Passed. B. Petition: CU-018831-2023: Conditional Use Permit for a Kennel within 1000 feet of a DD, AD, or MD form located at 3520 S. Gateway Ln. Legal Description: Lot 6E, Block 2, Gateway Addition, City of Sioux Falls, Minnehaha County, SD A motion was made by Erik Nyberg and seconded by John Paulson to approve with conditions Item 5B: 1. The outdoor play area for the dogs shall be located on the south and east side of the building, outside of the City's Sanitary Sewer Easement; 2. The outdoor play area shall be surrounded by a minimum of a 7' high vinyl fence; 3. The applicant shall limit the number of dogs located in the outdoor play area between the hours of 9:00 p.m. - 6:00 a.m. A motion was made by Erik Nyberg and seconded by Kurt Johnson to amend by adding after the word "area", no more than five dogs. Voice vote to amend. 4 Yes: Kurt Johnson, Erica Mullaly, Erik Nyberg, John Paulson; 0 No: (None). Motion Passed. Voice vote to approve, as amended, with conditions. 4 Yes: Kurt Johnson, Erica Mullaly, Erik Nyberg, John Paulson; 0 No: (None). Motion Passed. C. Petition: CU-018963-2023: Conditional Use Permit for Accessory Off-Site Parking located at 505 W. 81st St. Legal Description: Tract 4 (Except Garden Village II & Tract 4A), Fischenich Addition, City of Sioux Falls, Lincoln County, SD A motion was made by Kurt Johnson and seconded by John Paulson to approve with conditions Item 5C: 1. Provide a Level C, Buffer yard along the north side of the property, adjacent to W. 81st St. A motion was made by Erik Nyberg and seconded by Erica Mullaly to amend by changing the condition from Level C to Level D. Voice vote to amend. 3 Yes: Erica Mullaly, Erik Nyberg, John Paulson; 1 No: Kurt Johnson. Motion Passed. Voice vote to approve, as amended, with conditions. 4 Yes: Kurt Johnson, Erica Mullaly, 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 Erik Nyberg to adjourn at 7:46 p.m. Voice vote to adjourn. 4 Yes: Kurt Johnson, Erica Mullaly, Erik Nyberg, John Paulson; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk

Agenda

REVISED AGENDA Planning Commission Meeting Wednesday, December 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 October 31, 2023 B. Planning Commission Meeting on November 1, 2023 2. CONSENT AGENDA PETITIONS A. Petition: REZ-018931-2023: Rezoning from the AG Agriculture District to the I-2 Heavy Industrial District located south of E. 60th St. N. and east of N. Sycamore Ave. Legal Description: The N1/2NW1/4 (Except Lot H1) and the NW1/4NE1/4 in Section 36-T102N-R49W, City of Sioux Falls, Minnehaha County, SD Petitioner: City of Sioux Falls Staff: Kristen Benidt Staff Recommendation: Approval B. Petition: REZ-018962-2023: Rezoning from the I-1 Light Industrial District to the CN Conservation District located north of E. Robur Dr. and east of N. Interchange Ave. Legal Description: A Portion of Tract 1 of Interstate Crossings Addition (Except Lot 1 of Block 1 and Lot 1 of Block 2), as Shown by Exhibit, City of Sioux Falls, Minnehaha County, SD Petitioner: Van Buskirk Companies, Staff: Kristen Benidt LLC - Brian Jackson Staff Recommendation: Approval Commission Members Dana Fisher Janet Kittams, Chair Aaron Norman Mike Gray Erica Mullaly Erik Nyberg Kurt Johnson Bradyn Neises, Vice-Chair John Paulson C. Petition: REZ-018964-2023: Rezoning from the AG Agriculture and C-4 Commercial - Regional Districts to the CN Conservation, S-2 Institutional Campus PUD District, and Approval of the Initial Development Plan for Sanford 2nd Addition Planned Unit Development located north of E. 57th St. and east of Veterans Pkwy. Legal Description: Tracts 2, 3, & 4 of Harris Tracts, Lot A of Tract 2 of Harris Tracts, and Tract 2 of Friends Addition (Except Lots H1 through H4 in Tract 2), SW1/4 Section 31-T101N-R48W, as Shown by Exhibit, City of Sioux Falls, Minnehaha County, SD Petitioner: Sanford Health – Austin Staff: Kristen Benidt Parks Staff Recommendation: Approval D. Petition: REZ-018966-2023: Rezoning from the LW Live/Work, RA-1 Apartment Residential - Low Density, and RD-2 Townhome Residential - Suburban Districts to the RT-2 Townhome Residential - Traditional District located south of E. 69th St. and west of S. Sycamore Ave. Legal Description: A Portion of the W1/2NE1/4 and the NE1/4NE1/4 (Except Leubecher 2nd Addition & Lot H-1), all in Section 18-T100N-R49W, as Shown by Exhibit, City of Sioux Falls, Lincoln County, SD Petitioner: Empire Companies, LLC – Staff: Kristen Benidt Jesse Morris Staff Recommendation: Approval E. Petition: CU-018956-2023: Conditional Use Permit for an Off-Premises Sign over 288 square feet located south of E. 26th St. and east of I-229. Legal Description: Lot A of Tract 4 and Tracts 2 & 4, in the E1/2SE1/4, and Tracts 3, 6, & 7, Cliff Gardens Addition, in the NE1/4, Section 27-T101N-R49W, City of Sioux Falls, Minnehaha County, SD Petitioner: Book Your Billboard - Zach Staff: Jason Bieber Neugebauer Staff Recommendation: Approval F. Petition: CU-018957-2023: Conditional Use Permit for an Off-Premises Sign over 288 square feet located south of E. 26th St. and east of I-229. Legal Description: Lot A of Tract 4 and Tracts 2 & 4, in the E1/2SE1/4, and Tracts 3, 6, & 7, Cliff Gardens Addition, in the NE1/4, Section 27-T101N-R49W, City of Sioux Falls, Minnehaha County, SD Petitioner: Book Your Billboard - Zach Staff: Jason Bieber Neugebauer Staff Recommendation: Approval G. Petition: SUB-P-018489-2023: Preliminary Subdivision Plan for the Sanford 2nd Addition located north of E. 57th St. and east of Veterans Pkwy. Legal Description: Tract 2 of Friends Addition in the SW1/4 Section 31-T101N- R48W, City of Sioux Falls, Minnehaha County, SD Petitioner: JSA Engineers and Land Staff: Kristen Benidt Surveyors – Chris Jibben Staff Recommendation: Approval 3. CONSENT AGENDA APPROVAL REGULAR AGENDA 4. REGULAR AGENDA APPROVAL 5. REGULAR AGENDA PETITIONS A. Petition: Amendment: Ordinance Amending Chapter 160: The 2013 Shape Places Zoning Ordinance of the City of Sioux Falls. Sponsor: Sioux Falls City Councilor Greg Neitzert B. Petition: CU-018831-2023: Conditional Use Permit for a Kennel within 1000 feet of a DD, AD, or MD form located at 3520 S. Gateway Ln. Legal Description: Lot 6E, Block 2, Gateway Addition, City of Sioux Falls, Minnehaha County, SD Petitioner: Peska Properties Inc. – Staff: Jason Bieber Gene Peska Staff Recommendation: Approval with conditions: 1. The outdoor play area for the dogs shall be located on the south & east side of the building, outside of the City’s Sanitary Sewer Easement; 2. The outdoor play area shall be surrounded by a minimum of a 7’ high vinyl screen fence; 3. The applicant shall limit the number of dogs located in the outdoor play area between the hours of 9:00pm-6:00am. C. Petition: CU-018963-2023: Conditional Use Permit for Accessory Off-Site Parking located at 505 W. 81st St. Legal Description: Tract 4 (Except Garden Village II & Tract 4A), Fischenich Addition, City of Sioux Falls, Lincoln County, SD Petitioner: Schulte Real Estate, LLC – Staff: Jason Bieber Mike Schulte Staff Recommendation: Approval with conditions: 1. Provide a Level C, Buffer yard along the north side of the property, adjacent to W. 81st St. 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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