City Council Agendas, Packets and Minutes

City of Vermillion Council Agenda 6:00 p.m. Joint Meeting with Clay County Commission Tuesday, October 29, 2024 City Council Chambers 25 Center Street 1. Roll Call 2. Adoption of the Agenda 3. Visitors to be Heard 4. Old Business a. First Reading of Ordinance 1522 to amend the 2012 Joint Zoning Regulations for Clay County and the City of Vermillion by Amending Chapter 2, Section 2.03(A) Zoning Map, by Removing Munger Tract 1 in the S ½; and, Munger Tract 2 in the NW ¼ SE ¼ and in the SW ¼ NE ¼; and, Munger Tract 3 in the NW ¼ SE ¼; all in 11-T92N-R52W, 5th P.M., Clay County, South Dakota, from the A-1 Agricultural District and Moving it into the RR Rural Residential District. 5. Adjourn Access the City Council Agenda on the web – www.vermillion.us Addressing the Council: Persons addressing the Council shall use the microphone at the podium. Please raise your hand to be recognized, go to the podium, and state your name and address. a. Items Not on the Agenda Members of the public may speak under Visitors to Be Heard on any topic NOT on the agenda. Remarks are limited to 5 minutes and no decision will be made at this time. b. Agenda Items: Public testimony will be taken at the beginning of each agenda item, after the subject has been announced by the Mayor and explained by staff. Any citizen who wishes may speak one time for 5 minutes on each agenda item. Public testimony will then be closed and the topic will be given to the governing body for possible action. At this point, only City Council members and staff may discuss the current agenda item unless a Council member moves to allow another person to speak and there is unanimous consent from the Council. Questions from Council members, however, may be directed to staff or a member of the public through the presiding officer at any time. Meeting Assistance: The City of Vermillion fully subscribes to the provisions of the Americans with Disabilities Act of 1990. If you desire to attend this public meeting and need special accommodations, please notify the City Manager's Office at 677-7050 at least 3 working days prior to the meeting so appropriate auxiliary aids and services can be made available. Council Meetings: City Council regular meetings are held the first and third Monday of each month at 6:00 p.m. If a meeting falls on a City holiday, the meeting will be scheduled for the following Tuesday. The City Council typically has a Special Meeting on the first and third Monday of each month at Noon. Live Broadcasts of Council Meetings on Cable Channel: Regular City Council meetings are broadcast live on Cable Channel 3  4. Public Hearings; item a Council Agenda Memo From: Jose Dominguez, City Engineer Meeting: October 29, 2024 Subject: First Reading of Ordinance 1522 to amend the 2012 Joint Zoning Regulations for Clay County and the City of Vermillion by Amending Chapter 2, Section 2.03(A) Zoning Map, by Removing Munger Tract 1 in the S ½; and, Munger Tract 2 in the NW ¼ SE ¼ and in the SW ¼ NE ¼; and, Munger Tract 3 in the NW ¼ SE ¼; all in 11-T92N-R52W, 5th P.M., Clay County, South Dakota, from the A-1 Agricultural District and Moving it into the RR Rural Residential District. Presenter: Jose Dominguez Background: The County received a petition to rezone approximately 42.85 acres south of the Vermillion River along the west side of SD Hwy. 19 and north of the SD Hwy. 50 Bypass. The applicant is requesting that the land be rezoned from the A-1: Agricultural District to RR: Rural Residential District. The applicant states that the intent is to construct 21 residential dwellings. This property is approximately ¼ of a mile north of City limits along the west side of SD Hwy. 19. The property is within the Joint Jurisdictional Zoning Area (JJZA) and is abutted on the south, west, and north by the A-1: Agricultural District. Along the east, the property is adjacent to the RR: Rural Residential District. The City and County Planning and Zoning Commissions met jointly on September 23rd to discuss the item. After Staff explained the application to the Commissions, the applicant described what the intended development would be. Additionally, there were two members of the public that spoke. One individual was concerned with annexing their property (it was explained that the City is not annexing anything at the time and that there is a statutory process that must be followed for annexations). The other individual represented the Vermillion Area Chamber and Development Company and stated that they were in favor of the rezone since it would create additional housing options. After no additional comments from the public were made, the Commissions asked about the “pre-annexation agreements”. Staff explained that these agreements are allowed by statute and that they lay out how, and when, a future annexation may occur (e.g. timing, utilities, access, etc.). Staff stated that no agreement had been reached with the applicant but that we were working with them to reach an agreement. After discussion, the County Planning Commission voted unanimously to recommend approval of the request. The City’s Planning Commission voted 8-0 to recommend approval of the zoning request with the condition that a “pre-annexation agreement” be signed prior to the second reading of the ordinance. Discussion: The City and Clay County adopted the Joint Jurisdictional Zoning Area (JJZA) in 2012. The ordinance was created with the intent of allowing the County and the City to each have a say in existing and proposed land uses in an area that would directly impact the City’s growth. The JJZA tries to maintain the rural character of the surrounding area while allowing for development. The intent of the ordinance, based on the adopted comprehensive plan for the JJZA, is to direct development towards areas within City limits or areas that can be annexed by the City and serviced with municipal infrastructure. This proposed use is currently not possible due to the A-1: Agricultural District having a cap on residential construction based on density. Based on the ordinance, no more than three residential structures are allowed within a ¼ ¼ of a section. This ¼ ¼ section already has one residential structure, so the construction of an additional 20 residential structures would not be allowed. The RR: Rural Residential District does not have a density restriction or require a conditional use permit for residential construction. It should be noted that the existing residential uses on the east side of SD Hwy. 19 were rezoned from A-1: Agricultural District to RR: Rural Residential District in the winter of 2018. This was done to allow for further construction of residences in an area that already had more residential uses than the density cap allowed and to remove the hurdle of obtaining a conditional use permit for a use that was similar to adjoining uses. In past JJZA rezoning requests, City Staff has explained that based on strict interpretation of the JJZA comprehensive plan, changes that promote development outside of City limits should not occur. Additionally, the same comprehensive plan also desires to preserve the function and character of the rural area. City Staff believes that the intent of these goals was to avoid large developments from occurring in the periphery of City limits. To accommodate growth and the desires of the JJZA comprehensive plan, City Staff in the past recommended that if no new streets or infrastructure are constructed then development should be allowed. Recently, the City’s Planning and Zoning Commission recommended that Staff use “pre- annexation agreements” as a tool to consider larger developments within the JJZA with the intent of being annexed in the future. The agreements would set trigger points (e.g. when annexation would take place, how the utilities would be considered, etc.). These agreements would be between the City and the developer and would be approved by the City Council. “Pre-annexation agreements” are allowed under SDCL 9-4-1.1. This statute states that “a municipality may enter into an agreement with any landowner specifying the conditions under which the landowner’s property may be annexed pursuant to 9-4-1 or developed.” Additionally, the adopted JJZA comprehensive plan’s Future Land Use map shows the area to be within the “Urban Reserve”. Although not stated in the JJZA’s comprehensive plan, the “Urban Reserve” acts as a planning area with the intention of maintaining agricultural uses rather than scattered development. Financial Consideration: Besides publishing the ordinance in the minutes, the City will not incur any additional costs. Conclusion/Recommendations: Staff and the City’s Planning Commission recommend the City Council advance the ordinance for consideration at the 2nd reading. The 2nd reading should be scheduled for a date after the “pre-annexation agreement” is signed by the developer and the City.  PROPOSED ORDINANCE 1522 AMENDING APPENDIX A, 2012 JOINT ZONING REGULATIONS FOR CLAY COUNTY AND THE CITY OF VERMILLION, CHAPTER 2, SECTION 2.03(A) ZONING MAP, BY REMOVING CERTAIN REAL PROPERTY FROM THE A-1 AGRICULTURAL DISTRICT AND INCLUDING IT IN THE RR RURAL RESIDENTIAL DISTRICT BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota that Section 2.03(A) is hereby amended as follows: That Munger Tract 1 in the S ½; and, Munger Tract 2 in the NW ¼ SE ¼ and in the SW ¼ NE ¼; and, Munger Tract 3 in the NW ¼ SE ¼; all in 11-T92N-R52W, 5th P.M., Clay County, South Dakota, is removed from the A-1 Agricultural District and is included in the RR Rural Residential District, and that the official zoning map referred to in Section 2.03(A) of the 2012 Joint Zoning Regulations for Clay County and the City of Vermillion, is amended to include such land in such zone. Dated at Vermillion, South Dakota this Xth day of X, 2024. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Jonathan D. Cole, Mayor ATTEST: BY__________________________________ Katie E. Redden, Finance Officer First Reading: October 29, 2024 Second Reading: Not set Published: Not set Effective: Not set SD Hw 19 y. 20 18 in ed on ez R 18 20 Area being in considered on for rezone ed ez R approx. 0.25-miles SD Hwy. 50 (Bypass)  Clay County Joint Jurisdiction Rezoning Petition Permit Number m 24-083 Application Fee - $fZS Applicant is: El Owner tr AgenUcontractor Applicant Owner Contractor Name AMS BUILDING SYSTEMS LLC Slattery, Nick Address 1341 E HWY 50 VERMILLION, SD 57069 Phone (605) 677-e084 E-mail Street Address 1702 SD 19 VERMILLION Short Legal Description See below Parcel lD 1 1 000-09252-1 14-13, 1 1 000-09252-114-12, & 1 1 000-092 52-11 1-21 A-1 Agricultural North RR Rural Residential East A-1 Agricultural South A-1 Agricultural West Legal: Munger Tract 1 in the South Half of Section 1 1, Township 92N, Range 52W of the Sth PIt4 Clay County, South Dakota. AND Munger Tract 2 in the NW % of the SE Toand in the SW%of the NE %and MungerTract3 in the NW T+of the SE %allin Section 11 T92N, R52W of the sth PM Clay County, South Dakota. Rezoned to RR Rural Residential for a 21 lot Housing Development. Note lor ZA Add page numbering and/or list of exhibits to application to tie all documents together.  Clay County Joint Jurisdiction Rezoning Petition m ffi Upon the filing of an application for a request of zoning district classification change, the Clay County Zoning Administrator shall set a date for a public hearing, at which time and place the County and City Planning Commissions shall meet jointly to consider the zoning classification changes. Said public hearing shall comply with the provisions of SDCL Chapters L!-2,1"1-4 and 11-6. l, the undersign affirm: the above statements are true and correct and agree to comply with t ulations of Joint Jurisdiction Clay County. ff ".1 1'ztl Applicant's Signature Date -t Note for ZA: Add page numbering and/or list of exhibits to application to tie all documents together.  mungers 1st addition replat of tracts 1, 2, & 3 W GH HI AY THE NW QUARTER OF THE SE QUARTER AND 19 Lot 10 IN THE SW QUARTER OF THE NE QUARTER 83,611 SF Sec 11, t92n, r52w 5th PM CLAY COUNTY, SD 1.9 Ac Lot 11 84101 SF 1.9 Ac Lot 9 29 Lot 12 11 68195 SF 75,940 SF Lot 13 1.6 Ac 1.7 Ac 1 Lot 14 63,525 SF 1132 1 85,175 SF 1.5 Ac 114 0 2.0 Ac 1111551 JOB NUMBER: 12240301 9 111156601 70 11 Lot 8 80 11 48,155 SF MUNGER BASE.DWG 0 119 1.1 Ac DATE: DATE: 1200 DATE: 3/29/2024 BY: 40 BY: 11 Tract A 120 117,030 SF ACAD FILE: 0 2.7 Ac 11 Lot 4 11 90 48877 SF Lot 7 80 1.1 Ac 83,104 SF DESIGNED BY: NEH 1.9 Ac DRAWN BY: TLV REVISIONS: 11 1194 CHECKED BY: RJM 90 1196 0 1199 114 11 11 92 50 1170 11 94 502 W. MADISON AVE 11 60 Lot 15 Lot 4 11 NORFOLK, NE 68701 118 12 11 96 PHONE: 402.316.2625 0 0 0 46,046 SF 48877 SF 00 98 118 11 7 PHONE: 402.860.5816 1.1 Ac 1.1 Ac Lot 16 1206 McLauryEngineering.com 0 90 12 Lot 6 Sec of State #10249154 119 11 47,706 SF 0474,287 SF 1.1 Ac 1.7 Ac 1200 1200 8 Lot 4 Lot 4 120 Lot 4 48877 SF 48877 SF 48877 SF 1.1 Ac 1.1 Ac 1.1 Ac 0 12 1 Lot 5 HIGHWAY 19 81,100 SF 10 1.9 Ac 12 Lot 3 Lot 4 Lot 1 Lot 2 48877 SF 43747 SF 43680 SF 43716 SF 1.1 1 210Ac 121 2 1.0 Ac 1.0 Ac 1.0 Ac 10 SHEET NO. 12 12 12 SCALE: 1" = 200' 0 100 200 4 121 FEET  mungers 1st addition replat of tracts 1, 2, & 3 W GH HI AY THE NW QUARTER OF THE SE QUARTER AND 19 Lot 10 IN THE SW QUARTER OF THE NE QUARTER 84' 425. 83,611 SF Sec 11, t92n, r52w 5th PM CLAY COUNTY, SD 1.9 Ac 9' 7. 3 21 Lot 11 .5 468 84101 SF 1' 1.9 Ac Lot 9 29 42 Lot 12 11 40' 68195 SF 1.8 75,940 SF 174 Lot 13 1.6 Ac 0' 1.7 Ac .01 1132 1 Lot 14 40 63,525 SF 142 ' 85,175 SF 1.5 Ac .33 114 1 0.6 6' 0 2.0 Ac 8.2 26 ' 1111551 ' 2' .29 JOB NUMBER: 12240301 9 111156601 20 6 11 70 13 Lot 8 50 9.9 80 3. ' 11 10 9' 4 48,155 SF MUNGER BASE.DWG 119 0 ' 9.7 13 1.1 Ac DATE: 144.9 5. 3 DATE: 1200 16 33' 9' 279. DATE: 3/29/2024 4' .8 1' 14 BY: 40 2 BY: 11 Tract A 120 117,030 SF ACAD FILE: 0 2.7 Ac 11 Lot 4 11 90 48877 SF Lot 7 80 1.1 Ac 83,104 SF DESIGNED BY: NEH 1.9 Ac DRAWN BY: TLV REVISIONS: ' 374.12' 66 11 1194 CHECKED BY: RJM 90 1196 1199 114 0 66' 280.18 ' 11 92 50 1170 1 19 11 4 502 W. MADISON AVE 234.98' 11 60 Lot 15 Lot 4 11 NORFOLK, NE 68701 118 12 11 96 PHONE: 402.316.2625 0 46,046 SF 48877 SF 00 98 199.09' 0 0 118 11 7 PHONE: 402.860.5816 1.1 Ac 1.1 Ac Lot 16 1206 McLauryEngineering.com 90 Lot 6 Sec of State #10249154 0 47,706 SF 66' 12 252.30' 119 11 0474,287 SF 1.1 Ac 1.7 Ac 1200 278.07' 1200 238.34' 290.03' 191.24' 8 120 302.82' 191.24' Lot 4 Lot 4 Lot 4 188.13' 48877 SF 48877 SF 48877 SF 1.1 Ac 1.1 Ac 1.1 Ac 97.54' 283.55' 265.69' 0 258.22' 12 1 Lot 5 HIGHWAY 19 81,100 SF 66' 1.9 Ac 10 12 230.00' 200.19' 230.11' 230.00' Lot 3 Lot 4 189.87' Lot 1 Lot 2 48877 SF 190.14' 43747 SF 190.00' 43680 SF 43716 SF 1.1 1 210Ac 121 2 1.0 Ac 1.0 Ac 1.0 Ac 10 SHEET NO. 12 12 12 SCALE: 1" = 200' 0 100 200 4 121 FEET  mungers 1st addition replat of tracts 1, 2, & 3 W GH HI AY THE NW QUARTER OF THE SE QUARTER AND 19 Lot 10 IN THE SW QUARTER OF THE NE QUARTER 84' 425. 83,611 SF Sec 11, t92n, r52w 5th PM CLAY COUNTY, SD 1.9 Ac 9' 7. 3 21 Lot 11 .5 468 84101 SF 1' 1.9 Ac Lot 9 42 Lot 12 40' 68195 SF 1.8 75,940 SF 174 Lot 13 1.6 Ac 0' 1.7 Ac .01 Lot 14 40 63,525 SF 142 ' 85,175 SF 1.5 Ac .33 0.6 6' 2.0 Ac 8.2 26 ' 2' ' .29 JOB NUMBER: 12240301 20 6 13 Lot 8 50 9.9 3. 4 ' 48,155 SF 10 9' MUNGER BASE.DWG ' 9.7 13 1.1 Ac DATE: 144.9 5. 3 DATE: 16 33' 9' 279. DATE: 3/29/2024 4' .8 1' 14 BY: 2 BY: Tract A 117,030 SF ACAD FILE: 2.7 Ac Lot 4 48877 SF Lot 7 1.1 Ac 83,104 SF DESIGNED BY: NEH 1.9 Ac DRAWN BY: TLV REVISIONS: ' 374.12' 66 CHECKED BY: RJM 66' 280.18' 502 W. MADISON AVE 234.98' Lot 15 Lot 4 D NORFOLK, NE 68701 LD R 46,046 SF 48877 SF RFIE PHONE: 402.316.2625 DEE 199.09' PHONE: 402.860.5816 1.1 Ac 1.1 Ac McLauryEngineering.com Lot 16 Lot 6 Sec of State #10249154 47,706 SF 66' 252.30' 74,287 SF 1.1 Ac 1.7 Ac 278.07' 238.34' 290.03' 191.24' 302.82' 191.24' Lot 4 Lot 4 Lot 4 188.13' 48877 SF 48877 SF 48877 SF 1.1 Ac 1.1 Ac 1.1 Ac 97.54' 283.55' 258.22' 265.69' Lot 5 HIGHWAY 19 81,100 SF 66' 1.9 Ac 230.00' 200.19' 230.11' 230.00' Lot 3 Lot 4 189.87' Lot 1 Lot 2 48877 SF 190.14' 43747 SF 190.00' 43680 SF 43716 SF 1.1 Ac 1.0 Ac 1.0 Ac 1.0 Ac SHEET NO. SCALE: 1" = 200' 0 100 200 FEET