MINUTES PENNINGTON COUNTY PLANNING COMMISSION March 22, 2010 @ 9:00 a.m. County Commissioners’ Meeting Room - Pennington County Courthouse MEMBERS PRESENT: Charlie Johnson, Jeff Hoffmann, Warren Fisk, Kevin Kuehn, Fred Weishaupl, and Brenda Young. STAFF PRESENT: Dan Jennissen, Lysann Zeller, Mandi Schmierer, Aaron Olson and Jeri Ervin. Patrick Grode (SAO Office). ROLL CALL 1. APPROVAL OF THE MARCH 8, 2010, MINUTES Moved by Weishaupl and seconded by Hoffmann to approve the minutes of the March 8, 2010, Planning Commission meeting. Vote: unanimous (6 to 0). 2. APPROVAL OF THE AGENDA Moved by Young and seconded by Fisk to approve the March 22, 2010, Planning Commission meeting, including the Consent Calendar, with the removal of Item #5. Vote: unanimous (6 to 0). CONSENT CALENDAR The following items have been placed on the Consent Calendar for action to be taken on all items in accordance with staff’s recommendation by a single vote. Any item may be removed from the Consent Calendar by any Planning Commissioner, staff member, or audience member for separate consideration. The findings of this Planning Commission are recommendations to the Pennington County Board of Commissioners who will make the final decision. 3. CONDITIONAL USE PERMIT REVIEW / CU 06-33: Kristina Trautman. To review a home occupation in a General Agriculture District in accordance with Sections 205 and 510 of the Pennington County Zoning Ordinance. Lot A, Freeland Subdivision, Section 19, T2N, R8E, BHM, Pennington County, South Dakota. To recommend approval of the extension of Conditional Use Permit / CU 06-33 with the following eleven (11) conditions: 1. That a Building Permit be obtained for any structure exceeding 144 square feet or located on a permanent foundation, which requires a site plan to be reviewed and approved by the Planning Director; 2. That no more than four (4) employees are employed at any given time; 3. That the home occupation is conducted entirely within an enclosed structure and no stock in trade be displayed outside the enclosed structure; 4. That no alterations to the property or any structure thereon shall indicate that it is being utilized in whole or in part for any purpose other than residential use; 5. That a minimum of one (1) business sign be allowed. The sign may either be one (1) wall sign or one (1) free standing sign, and must not exceed six (6) square feet in area; 6. That the applicant disposes of the animal waste in a timely manner; 7. That a minimum of five (5) off-street parking spaces be provided. Each parking space shall measure at least nine (9) feet by eighteen (18) feet and shall be kept in a dust free manner; 8. That the home occupation be limited to a vet clinic business only. Any expansion beyond this will require the Conditional Use Permit to be reviewed; 9. That the daily hours of operation shall be from 7:00 a.m. to 5:00 p.m. Monday through Friday and 8:00 a.m. to 12:00 p.m. on Saturdays; 10. That the number of large animals be limited to 10 at any one time; and, 11. That this Conditional Use Permit be reviewed in one (1) year or on a complaint basis to ensure that all conditions are being met. Vote: unanimous (6 to 0). 4. CONDITIONAL USE PERMIT REVIEW / CU 09-08: Mike and Erica Welu. To review an accessory structure as a principle use in a General Agriculture District in accordance with Sections 205-C and 510 of the Pennington County Zoning Ordinance. Lot B, Sunnyside #2 Lode MS 1080, Section 13, T1S, R4E, BHM, Pennington County, South Dakota. To recommend approval of the extension of Conditional Use Permit / CU 09-08 with the following five (5) conditions: 1. That if the applicant chooses to install any type of plumbing in the garage, it be hooked into a proper means of wastewater disposal and adhere to all necessary State and County regulations; 2. That the garage be used for personal use only and no commercial-type uses; 3. That an address be assigned for the garage and properly posted on both the structure and the approach off of Hidden Mine Lane in accordance with Pennington County’s Ordinance #20; 4. That a Building Permit be obtained for any structure exceeding 144 square feet or located on a permanent foundation, which requires a site plan to be reviewed and approved by the Planning Director; and, 5. That this Conditional Use Permit be reviewed in on a complaint basis only. Vote: unanimous (6 to 0). 6. PLANNED UNIT DEVELOPMENT AMENDMENT REVIEW / PU 97-06: Marilyn Sommer. To review a Bed and Breakfast in a Planned Unit Development in accordance with Section 213 of the Pennington County Zoning Ordinance. Lot 9, Emerald Pines Estates, Section 21, T1S, R5E, BHM, Pennington County, South Dakota. To recommend approval of the extension of Planned Unit Development / PU 97-06 with the following ten (10) conditions: 1. That a minimum of four (4) off-street parking spaces will be provided. All off-street parking spaces on the site shall measure at least nine (9) feet by eighteen (18) feet, be surfaced with gravel, concrete, or asphalt and maintained in such a manner that no dust will result form continuous use; 2. That the uses include a single-family residence and maximum of two (2) bedrooms to be utilized in the Bed and Breakfast establishment with a maximum occupancy of eight (8) people; 3. That the Bed and Breakfast establishment be operated by members of the family residing on the premises and no more than one additional person; 4. That the Bed and Breakfast establishment shall be continually registered with the South Dakota Department of Health; 5. That the applicant maintains a Sales Tax License as required by the South Dakota Department of Revenue; 6. That each floor be provided with 2A-BC dry chemical extinguisher as requested by the County Fire Coordinator; 7. That each bedroom and the common hallways have a smoke detector as requested by the County Fire Coordinator; 8. That the applicant maintain steep grade signage, according to Manual or Uniform Traffic Devices, on the portions of Emerald Pines Drive that exceed 10% grade as requested by the County Highway Department; 9. That dust control measures be applied to the first 400 feet of Emerald Pines Drive and that this section of Emerald Pines Drive be maintained in a dust free manner; and, 10. That this Planned Unit Development Amendment be reviewed on a complaint-basis only. Vote: unanimous (6 to 0). 7. PLANNED UNIT DEVELOPMENT AMENDMENT REVIEW / PU 98-01: Phil Olsen, Windmere, LLC. To review a Planned Unit Development to allow stick-built, single family residences, as well as manufactured homes, in accordance with Section 213 of the Pennington County Zoning Ordinance. Lots 1-6, Block 1; Lots 1-9, Block 2; Lots 1-15, Block 3 of Windmere Subdivision and the balance of the NE1/4NE1/4 less Tract A of Scenic Valley Subdivision and less the Right-of-Way, all located in Section 10, T1N, R8E, BHM, Pennington County, South Dakota. To recommend approval of the extension of Planned Unit Development / PU 98-01 with the following eight (8) conditions: 1. A landscape plan showing a proposed landscaping buffer along Reservoir Road and the entire south property line shall be submitted prior to County Board. The location, amount and type of landscaping material shall be shown. In addition irrigation and maintenance shall be provided; 2. Provisions be made for the maintenance of the Community Park area. A detailed plan outlining a development plan and future maintenance shall be submitted and filed with the PUD; 3. All approaches to the property be a minimum of 230 feet from the intersection of Twilight Drive and 180 feet from Reservoir Road; 4. All development shall comply with applicable requirements of the South Dakota Fire Code; 5. All manufactured housing and stick-built housing lots shall not be less than 6,500 square feet of lot area; 6. The internal streets be constructed at a twenty-five (25) foot width. In addition, the hammerhead T’s shall be replaced with cul-de-sac with a sufficient radius to allow for emergency vehicles to turn around in; 7. Lots abutting Reservoir Road and Twilight shall have access onto interior subdivision streets only. No direct access shall be allowed onto Reservoir Road. Rear yard set-backs for all external and internal lots excluding those adjacent to Reservoir Road and Twilight Drive shall be five (5) feet for detached accessory structures (i.e., garages and sheds) and twenty-five (25) feet for all principal structures; and, 8. This Planned Unit Development shall be reviewed in on a complaint basis only. Vote: unanimous (6 to 0). 8. CONDITIONAL USE PERMIT / CU 10-06: Regina Thompson. To allow for the existing single-wide mobile home on the property to be used as a temporary residence while a Governor’s House is setup on site in a Suburban Residential District in accordance with Sections 208 and 510 of the Pennington County Zoning Ordinance. Lot 7, Block 10, Ashland Subdivision #3, Section 15, T2N, R8E, BHM, Pennington County, South Dakota. To recommend approval of Conditional Use Permit / CU 10-06 with the following fourteen (14) conditions: 1. That the single-wide mobile home be removed from the property once the stick-built, single-family residence is complete and habitable and the applicant notify the Planning Office of such; 2. That at the time of submittal for a Building Permit for the new residence, the applicant shall submit a site plan showing the exact location of the proposed residence and all relevant information, such as septic location, cistern, setbacks, etc.; 3. That prior to the issuance of a Building Permit for the new residence, the yard accumulation on the property shall be removed or screened from the view from the public right-of-way; 4. That the applicant obtains a Removal Permit from the Planning Office prior to removing the single-wide mobile home from the property; 5. That at the time the single-wide mobile home is removed from the property, Conditional Use Permit #84-31 shall be revoked; 6. That the address, 4370 Ashland Road, be properly posted at the approach so it be clearly visible from the road and in both directions and also be posted on the residence in accordance with Pennington County’s Ordinance #20; 7. That upon the issuance of the Building Permit for the new residence, the applicant use the address 4370 Ashland Road; 8. That the wastewater from the single-wide mobile home being used as a temporary residence continues be disposed of properly by utilizing the on- site septic system; 9. That if the new single-family residence will generate greater wastewater flow than the existing septic system is designed to handle, either with the addition of bedrooms or a garbage disposal, the applicant will be required to either update the existing septic system or install a new septic system altogether, in which case, an approved Septic Permit will need to be obtained from the City of Rapid City prior to the issuance of a Building Permit from the Pennington County Planning Office. If the wastewater flow does not increase or is less in the new residence, the applicant may utilize the existing septic system as is, in which case, verification will be required that the existing septic system meets State (DENR’s Chapter 74:53:01) and County requirements; 10. That the properties remain free of debris and junk vehicles; 11. That all structures maintain proper setbacks from both the property lines and on-site utilities; 12. That a Building Permit be obtained for any structure exceeding 144 square feet or located on a permanent foundation which requires a site plan to be reviewed and approved by the Planning Director; 13. That this Conditional Use Permit is not valid until the applicant signs the Statement of Understanding, which is available at the Planning Office; and, 14. That this Conditional Use Permit be reviewed in one (1) year or on a complaint basis to verify that all conditions of approval are being met. Vote: unanimous (6 to 0). END OF CONSENT CALENDAR 5. CONDITIONAL USE PERMIT REVIEW / CU 09-09: Bradley and Colleen Kurtz. To review existing living quarters being used as a temporary residence while constructing a single-family residence and to also allow the living quarters to remain as housing for hired help after construction of the single-family residence is complete in a Limited Agriculture District in accordance with Sections 206 and 510 of the Pennington County Zoning Ordinance. SW1/4 less ROW; S1/2SW1/4NW1/4 less ROW; SW1/4SE1/4NW1/4; SW1/4 SE1/4SE1/4NW1/4; S1/2SE1/4SE1/4SE1/4NW1/4, Section 9, T2S, R9E, BHM, Pennington County, South Dakota. Staff asked to have this item removed from the Consent Calendar to discuss changing Condition #3 to add that the arena not be used commercially. Commissioner Young asked staff if the applicant is aware of the change. Jennissen and Schmierer both stated yes. Moved by Young and seconded by Kuehn to approve of the extension of Conditional Use 09-09 with the following ten (10) conditions: 1. That prior to issuance of a Building Permit for the new single-family residence, the applicant shall sign a Ranch Hand Residence statement indicating that the living quarters in the barn will be used as a ranch hand residence; 2. That the living quarters in the arena not be rented out on a daily, weekly, and/or monthly basis; 3. That the arena not be used commercially; 4. That the address for each residence be properly posted so that each address is clearly visible from Highway 385 in accordance with Pennington County’s Ordinance #20; 5. That if the new single-family residence will generate greater wastewater flow more than the existing septic system is designed to handle, the applicant will be required to either update the existing septic system or install a new septic system altogether, in which case an approved On-site Wastewater Construction Permit will need to be obtained from the Planning Office prior to the issuance of a Building Permit from the Pennington County Planning Office; 6. That the applicant is subject to the County Ordinances in effect at the time the Building Permit for the proposed stick-built, single-family residence is applied for; 7. That the property remains free of debris and junk vehicles; 8. That all structures maintain proper setbacks from the property lines and on- site utilities; 9. That a Building Permit be obtained for any structure exceeding 144 square feet or located on a permanent foundation which requires a site plan to be reviewed and approved by the Planning Director; and, 10. That this Conditional Use Permit be reviewed in one (1) year or on a complaint basis to verify that all conditions of approval are being met. All voting aye, the Motion carried 6 to 0. 9. CONDITIONAL USE PERMIT REVIEW / CU 08-38: Jef Wilsey/Esther Merrill. To review a single-wide mobile home as a permanent residence in a General Agriculture District in accordance with Sections 205 and 510 of the Pennington County Zoning Ordinance. The E1/2NE1/4 less Right-of-Way; SE1/4SE1/4; Government Lots 1-2, Section 21, T6N, R17E, BHM, Pennington County, South Dakota. (Continued from the March 8, 2010, Planning Commission meeting.) Olson reviewed the Staff Report and stated that on August 24, 2009, the Planning Commission continued the review of Conditional Use Permit 08-38 to the March 8, 2010, Planning Commission meeting to allow the applicant time to remove the old manufactured home and abandon the old wastewater disposal system in accordance with Conditions #6, #7 and #8. Staff contacted the applicant on March 17, 2010, to ensure all conditions of approval were being met. The applicant indicated that the old single-wide mobile home had not been removed from the property. In addition, the old wastewater disposal system has yet to be abandoned. In April of 2009, the applicant stated that all three conditions would be met by March 2010. Currently, Conditions #6, #7, and #8 are not being met. The applicant indicated they have not had time to comply with these conditions and that it would be difficult to anytime soon because of calving season having started. Staff recommended revoking Conditional Use Permit 08-38 due to the fact that Conditions #6, #7, and #8 are currently not being met and that the single-wide manufactured home be removed from the property. Commissioner Johnson discussed the original approval date of the Conditional Use Permit and suggested the Planning Commission look at different review dates so that applicants do not run into a problem when needing to meet the Conditions of Approval. Mr. Jeff Wilsey, applicant, appeared and responded that he has procrastinated in meeting the Conditions of Approval and added that the weather has also not been cooperating. He stated that he would like to leave the other manufactured home on-site and use it as storage instead of having to remove it, even though he had originally intended to remove it. Jennissen stated the manufactured home needs to be removed from the property because it is considered another residence and the old wastewater system still needs to be abandoned. Commissioner Johnson asked staff what the applicant needs to do in order to classify the manufactured home as storage. Jennissen spoke of conditions to incorporate the mobile home being used as storage, such as removing the kitchen, etc. Commissioner Johnson suggested continuing this item so that those conditions could be reviewed with the applicant, if the manufactured home is possibly used as storage. Mrs. Wilsey asked if the kitchen cabinets could be left to be used as storage. Commissioner Johnson stated yes and asked Mr. Wilsey when he intends to abandon the old wastewater system. Mr. Wilsey stated in about a week, if the weather stays nice. Commissioner Johnson asked Mr. Wilsey if 30 days is agreeable. Mr. Wilsey responded yes. Jennissen commented that the Planning Commission could be setting precedence by allowing the abandoned mobile home to be left on the property. Commissioner Johnson responded that he does not have a problem with changing the older mobile home into storage. Moved by Weishaupl and seconded by Fisk to continue the review of Conditional Use Permit 08-38 to the April 26, 2010, Planning Commission meeting. Commissioner Hoffmann commented that he would not support the mobile home being used as storage and further spoke of setting precedence in the future. Commissioner Weishaupl asked Mr. Wilsey where the mobile home would be taken in order to remove it from the property. Mr. Wilsey stated the dump in Wall, which is about 40 miles away. Discussion followed. Moved by Weishaupl and seconded by Fisk to continue the review of Conditional Use Permit 08-38 to the April 26, 2010, Planning Commission meeting. All voting, the Motion carried 5 to 1. Commissioner Hoffmann voted no. 10. PLANNED UNIT DEVELOPMENT REVIEW / PU 09-02: The Salvation Army; Mark Kirkeby – Agent. To review the Salvation Army Camp Planned Unit Development in accordance with Sections 213 and 508 of the Pennington County Zoning Ordinance. Lot B of Lot 1 of Lot C of Lot 8 of Lot E; Lot 2 of Lot C of Lot 8 of Lot E; and the unplatted portion of Lot C of Lot 8 of Lot E, Big Bend Placer MS 1442, Section 8, T1N, R6E, BHM, Pennington County, South Dakota. Jennissen reviewed the Staff Report indicating this is a review of the Salvation Army Camp Planned Unit Development. Staff recommended approval of the extension of Planned Unit Development 09-02 with the following nineteen (19) conditions: 1. That the setbacks from property lines be 25 feet from all property lines and 58 feet from Section Lines; 2. That the Planning Director may allow additional development or construction, which is consistent with the existing development on this property. Significant changes in the use or impacts on adjacent land, uses as determined by the Planning Director, shall require an amendment to this Planned Unit Development; 3. That a minimum of one 36-unit first aid kit be provided and accessible to the public at all times; 4. That the internal driveway be a minimum of a 24-foot-wide driving surface and maintained in a dust free manner; 5. That the uses for this Planned Unit Development shall be limited to the existing uses already on the property, which include a bunkhouse with a capacity of 15 people, picnic shelter, two (2) restrooms (male and female) with showers and toilets, church shelter, fire pit with seating, officer’s residence, two (2) wells and drainfields, and the expansion to include a pastor’s prayer retreat cabin, meeting/dining/safety hall, six (6) deck platforms, five (5) cabins, and five (5) RV sites; 6. That approval of a Floodplain Development Permit be obtained prior to any work done within the boundaries of the 100-year floodplain; 7. That the any new wastewater disposal system be designed by a engineer and that all the supporting percolation tests and soil profile information be stamped by the engineer and obtain approval from the South Dakota Department of Environment and Natural Resources; 8. That the applicant ensures the rustic character of the property is maintained; 9. That no open fire shall be permitted, unless approved by the State Wild Land Fire Suppression or Johnson Siding Fire Chief; 10. That barbecue pits, fireplaces and incinerators shall be located, constructed, maintained and used as to minimize fire hazard and smoke nuisance, both on and off the property. The Fire Chief shall approve the facilities before the use is permitted; 11. That any parking areas be maintained in a dust free manner; 12. That each sleeping room have a smoke/heat detector; 13. That a portable fire extinguisher with a minimum 2 A-BC rating shall be placed in each structure and shall be inspected and tagged annually; 14. That each floor where occupants are sleeping shall have two means of escape; 15. That the applicant works with the Pennington County Fire Coordinator in regards to evacuation, mitigation; building construction, water supplies, safety drills, emergency alerting systems and other safety issues; 16. That the camp be limited to a maximum of 100 overnight total campers at one time; 17. That the new cabins be limited to one story; 18. That all structures be 45 feet from the west ridgeline; and, 19. That the Planned Unit Development be reviewed in two (2) years or upon a complaint basis. Commissioner Weishaupl asked if the Salvation Army has submitted paperwork for the proposed cabins. Jennissen stated there is documentation in the file regarding the proposed cabins but no Building Permits have been applied for. He also commented that the applicants do have to follow the intent of what was presented and approved in March of 2009. Discussion followed. Moved by Fisk and seconded by Kuehn to approve of the extension of Planned Unit Development 09-02 with the following nineteen (19) conditions: 1. That the setbacks from property lines be 25 feet from all property lines and 58 feet from Section Lines; 2. That the Planning Director may allow additional development or construction, which is consistent with the existing development on this property. Significant changes in the use or impacts on adjacent land, uses as determined by the Planning Director, shall require an amendment to this Planned Unit Development; 3. That a minimum of one 36-unit first aid kit be provided and accessible to the public at all times; 4. That the internal driveway be a minimum of a 24-foot-wide driving surface and maintained in a dust free manner; 5. That the uses for this Planned Unit Development shall be limited to the existing uses already on the property, which include a bunkhouse with a capacity of 15 people, picnic shelter, two (2) restrooms (male and female) with showers and toilets, church shelter, fire pit with seating, officer’s residence, two (2) wells and drainfields, and the expansion to include a pastor’s prayer retreat cabin, meeting/dining/safety hall, six (6) deck platforms, five (5) cabins, and five (5) RV sites; 6. That approval of a Floodplain Development Permit be obtained prior to any work done within the boundaries of the 100-year floodplain; 7. That the any new wastewater disposal system be designed by a engineer and that all the supporting percolation tests and soil profile information be stamped by the engineer and obtain approval from the South Dakota Department of Environment and Natural Resources; 8. That the applicant ensures the rustic character of the property is maintained; 9. That no open fire shall be permitted, unless approved by the State Wild Land Fire Suppression or Johnson Siding Fire Chief; 10. That barbecue pits, fireplaces and incinerators shall be located, constructed, maintained and used as to minimize fire hazard and smoke nuisance, both on and off the property. The Fire Chief shall approve the facilities before the use is permitted; 11. That any parking areas be maintained in a dust free manner; 12. That each sleeping room have a smoke/heat detector; 13. That a portable fire extinguisher with a minimum 2 A-BC rating shall be placed in each structure and shall be inspected and tagged annually; 14. That each floor where occupants are sleeping shall have two means of escape; 15. That the applicant works with the Pennington County Fire Coordinator in regards to evacuation, mitigation; building construction, water supplies, safety drills, emergency alerting systems and other safety issues; 16. That the camp be limited to a maximum of 100 overnight total campers at one time; 17. That the new cabins be limited to one story; 18. That all structures be 45 feet from the west ridgeline; and, 19. That the Planned Unit Development be reviewed in two (2) years or upon a complaint basis. All voting aye, the Motion carried 6 to 0. 11. CONDITIONAL USE PERMIT REVIEW / CU 06-31: Verizon Wireless/Lloyd Byram. To review a 120 foot communications tower in a General Agriculture District in accordance with Sections 205 and 510 of the Pennington County Zoning Ordinance. Government Lot 4 less E.410 feet; NE1/4SW1/4, Section 4, T1S, R8E, BHM, Pennington County, South Dakota. (Continued from the March 8, 2010, Planning Commission meeting.) Jennissen reviewed the Staff Report indicating that this item was continued from the March 8, 2010, Planning Commission meeting in for more research to be done in regards to resolving legal access issues. Staff recommended that the review of Conditional Use Permit 06-31 be continued to April 12, 2010, Planning Commission meeting. Jennissen further added that Mr. Littlejohn, Verizon Wireless Attorney, will be submitting paperwork in order to reinstate the Section Line. He stated Verizon believes the Section Line should have never been relocated. Ms. Kirsten Taggart, attorney for the landowner, also recently submitted a Petition to Locate a Highway Right-of-Way. The Petition will be heard by County Board on April 6, 2010. The Petition, if approved, will provide legal access to the cell tower and the affected landowners. Moved by Young and seconded by Fisk to continue to the review of Conditional Use Permit 06-31 to the April 12, 2010, Planning Commission meeting. All voting aye, the Motion carried 6 to 0. 12. COUNTY BOARD REPORT The Board of Commissioners concurred with the Planning Commissions’ recommendations from the March 8, 2010, Planning Commission meeting. 13. ITEMS FROM THE PUBLIC There were no items from the public. 14. ITEMS FROM THE STAFF A. 319 Grant. Jennissen informed the Commission of the kick-off meeting to be held in Hill City on April 20th at 6 p.m. B. Legal Hearings. Patrick Grode, from the State’s Attorney’s Office, stated there are no legal issues if the Planning Commission were to hold the legal hearings for the On-Site Wastewater Treatment Systems Ordinance in a location other than the Courthouse. 15. ITEMS FROM THE MEMBERSHIP A. On-Site Wastewater Treatment Systems Ordinance. Commissioner Weishaupl asked how the public meetings have been proceeding. Commissioner Johnson reviewed the public meetings that were held in New Underwood and Wall. 16. DISCUSSION ITEMS There were no discussion items. 17. ADJOURNMENT Moved by Weishaupl and seconded by Young to adjourn. All voting aye, the Motion carried 6 to 0. The meeting adjourned at 9:58 a.m. Charlie Johnson, Chairperson 1