DRAFT MINUTES PENNINGTON COUNTY PLANNING COMMISSION April 23, 2012 @ 9:00 a.m. County Commissioners’ Meeting Room - Pennington County Courthouse MEMBERS PRESENT: Charlie Johnson, Sig Zvejnieks, Karen Hall, Jim Coleman, Barbara Landers, Lori Litzen, and Lyndell Petersen. STAFF PRESENT: Dan Jennissen, Lysann Zeller, Mandi Schmierer, Kelsey Rausch, Aaron Olson, and Jeri Ervin. ROLL CALL 1. APPROVAL OF THE APRIL 9, 2012, MINUTES Moved by Landers and seconded by Hall to approve the April 9, 2012, Planning Commission minutes. Vote: unanimous (7 to 0). 2. APPROVAL OF THE AGENDA Moved by Coleman and seconded by Zvejnieks to approve the April 23, 2012, Planning Commission Agenda, with the removal of Item #5 from the Consent Calendar, and to add the Vacation Home Rental discussion to Item #17-B. Vote: unanimous (7 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 08-18: James and Rita Johnson. To review a dog kennel business in a General Agriculture District in accordance with Sections 210 and 510 of the Pennington County Zoning Ordinance. The NE1/4NE1/4, Section 13, T1N, R9E, BHM, Pennington County, South Dakota. To recommend to revoke Conditional Use Permit / CU 08-18 with the applicants’ concurrence. Vote: unanimous (7 to 0). 4. CONDITIONAL USE PERMIT REVIEW / CU 10-09: Leonard and Sally Haberstroh; Jeff Haberstroh – Agent. To review a caretaker’s residence in a General Agriculture District in accordance with Sections 205 and 510 of the Pennington County Zoning Ordinance. All HES #313, Section 1, T2S, R6E, BHM, Pennington County, South Dakota. To recommend approval of the extension of Conditional Use Permit / CU 10-09 with the following five (5) conditions: 1 That the addresses for both the existing single-family residence and the proposed caretaker’s residence continue to be posted in accordance with Ordinance #20 so that they are visible from Deadman Gulch Road and S. Rockerville Road; 2 That the caretaker’s residence be removed from the property once care is no longer needed for Mrs. Haberstroh; 3. That a new doctor’s note be provided by the applicant if the caretaker’s residence continues to be utilized on the property for the care of Mr. Haberstroh rather than Mrs. Haberstroh; 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 five (5) years or on a complaint basis to verify that all conditions of approval are being met. Vote: unanimous (7 to 0). 6. 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. To recommend approval of the extension of Planned Unit Development / PU 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. Vote: unanimous (7 to 0). 7. CONDITIONAL USE PERMIT / CU 12-07: Derek Alexander. To allow for a recreational vehicle to be used as a temporary residence while constructing a stick-built residence in a General Agriculture District in accordance with Sections 205 and 510 of the Pennington County Zoning Ordinance. N1/2NW1/4 of Section 23, T1S, R3E, BHM, Pennington County, South Dakota. To recommend approval of Conditional Use Permit / CU 12-07 with the following eight (8) conditions: 1. That the correct lot address of 11640 Gillette Prairie Road be properly posted in accordance with Pennington County’s Ordinance #20 so it is clearly visible from both directions of travel along Gillette Prairie Road; 2. That the wastewater from the recreational vehicle be properly disposed of at all times by utilizing the on-site wastewater treatment system on the property. Once the new residence is being inhabited by the applicant, the recreational vehicle must be disconnected from the on-site wastewater treatment system; 3. That the recreational vehicle no longer be used as a residence once the residence is finished and habitable, following which it only be allowed to be stored on the property; 4. That the old on-site wastewater treatment system currently servicing the existing residence be abandoned, including having the tank pumped, collapsed and buried, and a pump receipt be submitted to the Environmental Planner. Also, if any outhouses exist on the property, they must also be abandoned and their pit(s) filled with soil; 5. That the applicant notify the Planning Department when the new residence is habitable so that this Conditional Use Permit may be revoked; 6. That the property remain free of debris and junk vehicles; 7. That this Conditional Use Permit is not valid until the applicant signs the Statement of Understanding, which is available at the Planning Office; and, 8. That this Conditional Use Permit be reviewed in two (2) years or on a complaint basis to verify that all conditions of approval are being met. Vote: unanimous (7 to 0). 8. CONDITIONAL USE PERMIT / CU 12-06: Bituminous Paving. To allow for a portable asphalt batch plant to be set up in the Pete Lien & Son’s gravel pit in a General Agriculture District in accordance with Sections 205 and 510 of the Pennington County Zoning Ordinance. GL1-4; PT of GL 5 East of Right-of-Way; and PT NE1/4NW1/4 East of Right-of-Way, Section 17, T1N, R14E, BHM, Pennington County, South Dakota. To recommend approval of Conditional Use Permit / CU 12-06 with the following twelve (12) 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 port-o-potties are provided on-site prior to the operation of the asphalt plant; 3. That the assigned address shall be posted on the office structure and a cell phone shall be present on the site at all times; 4. That the existing approach off of Base Line Road be utilized; 5. That the applicant obtains a Floodplain Development Permit prior any work being performed and/or structure placed within the 100-year floodplain boundaries; 6. That all tailings, stockpiles and temporary offices be cleaned up and removed from the property upon the completion of the Federal Highway project, Dillon Pass and Badlands Loop Road; 7. That all necessary permits from the Department of Environment and Natural Resources be obtained; 8. That dust control measures be taken to reduce the amount of dust pollution produced by the project and insures that the parking areas are maintained in a dust free condition; 9. That erosion control measures be implemented and maintained and barrier protection measures (ie wattles, silt fence, etc.) be installed to prevent sediment from leaving the site and entering Cheyenne River; 10. That an Air Quality Permit be obtained from the South Dakota Department of Environment and Natural Resources. A copy of the Air Quality Permit shall be provided to the Planning Department prior to the operation of the batch plant; 11. That this property be reclaimed to the state-of-condition it was in prior to the temporary asphalt plant installation; and, 12. That this Conditional Use Permit be reviewed in one (1) year or on a complaint basis to determine that all conditions are being met. Vote: unanimous (7 to 0). 9. PRELIMINARY PLAT / PL 12-06 AND SUBDIVISION REGULATIONS VARIANCE / SV 12-01: William and Nancy Ewing; Davis Engineering – Agent. To create Lots A and B of Ewing Addition and to waive platting requirements to allow for a new residence in accordance with Sections 400.2 and 700.1 of the Pennington County Subdivision Regulations. EXISTING LEGAL: Lot B of Lot 3 (NE1/4NW1/4) and Lot 5 of Lot C (Gov’t Lot 2 NW1/4NE1/4) of J.S. Johnson Subdivision, Section 6, T1N, R6E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Lot A and Lot B of Ewing Addition, Section 6, T1N, R6E, BHM, Pennington County, South Dakota. (Continued from the April 9, 2012, Planning Commission meeting.). To accept the applicant’s withdrawal of Subdivision Regulations Variance/ SV 12-01 and Preliminary Plat / PL 12-06. Vote: unanimous (7 to 0). 10. REZONE / RZ 11-09: William and Nancy Ewing; Davis Engineering – Agent. To rezone 1.70 acres from Low Density Residential District to Suburban Residential District to allow for a new residence in accordance with Section 508 of the Pennington County Zoning Ordinance. EXISTING LEGAL: Lot B of Lot 3 (NE1/4NW1/4) and Lot 5 of Lot C (Gov’t Lot 2 NW1/4NE1/4) of J.S. Johnson Subdivision, Section 6, T1N, R6E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Lots A and B of Ewing Addition, Section 6, T1N, R6E, BHM, Pennington County, South Dakota. (Continued from the April 9, 2012, Planning Commission meeting.). To accept the applicant’s withdrawal of Rezone / RZ 11-09. Vote: unanimous (7 to 0). 11. MINOR PLAT / PL 12-11 AND SUBDIVISION REGULATIONS VARIANCE / SV 12-03: Canadian Pacific/David Drach; Fisk Land Surveying – Agent. To create Lot 1 of WDRPI-SD099 Subdivision in accordance with Section 400.3 and to waive platting requirements in accordance with Section 700.1 of the Pennington County Subdivision Regulations. EXISTING LEGAL: SW1/4 of Section 29 and the N1/2NE1/4, SE1/4NE1/4, NW1/4, S1/2 of Section 32, all located in T1N, R15E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Lot 1 of WDRPI-SD099 Subdivision, Sections 29, and 32, T1N, R15E, BHM, Pennington County, South Dakota. To recommend approval of Subdivision Regulations Variance / SV 12-03 to waive the 8 foot utility and minor drainage easement, Section Line right-of-way improvements, legal access, percolation tests, soil profile information, scale of 1 inch = 100 feet or less, the dedication of major drainage easements and topography at five foot contour intervals and approval of Minor Plat / PL 12-11 with one (1) condition: 1. That at the time of construction of the railroad, the applicant obtains a Construction Permit and Storm Water Quality Permit. Vote: unanimous (7 to 0). END OF CONSENT CALENDAR 5. CONDITIONAL USE PERMIT REVIEW / CU 11-05: Charles and Evonne Evans. To review a recreational vehicle to be used as a temporary residence while constructing a residence in a Low Density Residential District in accordance with Sections 207 and 510 of the Pennington County Zoning Ordinance. Syndicate Lode less Crown Point Subdivision (also in Section 16), Syndicate Lode MS, Section 21, T1S, R5E, BHM, Pennington County, South Dakota. Commissioner Zvejnieks asked to have this item removed from the Consent Calendar to discuss and clarify the use of the temporary recreational vehicle and it being located on a nearby property, rather than on the subject property where the residence is to be constructed. Schmierer responded that this is correct. Moved by Zvejnieks and seconded by Hall to approve of the extension of Conditional Use Permit 11-05 with the following four (4) conditions: 1. That the camper be removed from the property once the applicants’ new residence on Emerald Pines Drive is habitable; 2. That the wastewater from the camper be properly disposed of at all times and if the camper utilizes an on-site wastewater treatment system, it be disconnected once the residence is finished and habitable; 3. That the property remains free of debris and junk vehicles, and; 4. That this Conditional Use Permit be reviewed on October 22, 2012, or on a complaint basis. All voting aye, the Motion carried 7 to 0. 12. CONDITIONAL USE PERMIT / CU 12-05: Walter Banovic. To bring a multi-family dwelling unit (duplex) into compliance in a Low Density Residential District in accordance with Sections 207 and 510 of the Pennington County Zoning Ordinance. Lot 1 and 1/2 vacated road less Lot A, Hisega Subdivision, Section 16, T1N, R6E, BHM, Pennington County, South Dakota. Schmierer reviewed the Staff Report indicating the applicant is requesting a Conditional Use Permit to bring an existing “grandfathered” multi-family dwelling unit (a duplex) into compliance. The applicant is in the process of selling the property and the buyers’ lending company is reluctant to provide financing on a “grandfathered” structure. Specifically, the bank is concerned that if the duplex burned down, it could not be rebuilt unless a Conditional Use Permit for a duplex is granted. Schmierer explained that the structure is located directly behind the Hisega Lodge Bed and Breakfast, and the applicant was notified that information needs to be supplied regarding the existing wastewater treatment which serves the duplex. In addition, he was also informed that, because of the commercial use occurring, the wastewater system would require DENR approval. Schmierer also noted that, according to the information that has been provided, the duplex is connected to a 1,500 gallon septic tank with a 1,000 gallon lift tank. However, the wastewater system also serves the Hisega Lodge and a single-family residence. A total of 14 rooms are connected to the same wastewater system. Due to the system being undersized, Schmierer noted the applicant is responsible for upgrading or replacing the existing system prior to this Conditional Use Permit being approved. Schmierer further added that the Zoning Ordinance requires two off-street parking spaces for each dwelling unit of a multi-family residence and a total of four parking spaces are required for the duplex. Staff would like an off-street parking plan to also be submitted and reviewed prior to approval of the Conditional Use Permit. Staff recommended Conditional Use Permit #12-05 be continued to the May 29, 2012, Planning Commission meeting to allow for the existing wastewater system to be upgraded or replaced and for an off-street parking plan to be submitted. Schmierer indicated to the Planning Commission that the applicant spoke with her prior to the meeting today and is asking that his Conditional Use Permit not be continued, so that he may close on the property, with the buyer, on Monday, April 30th. The applicant is willing to disconnect the duplex from the existing wastewater system and would like to install a new wastewater system for the duplex and post a bond. Schmierer stated that the wastewater system serving the duplex must be addressed prior to approval of the Conditional Use Permit. Commissioner Hall questioned where the new septic system will be placed, as well as the drainfield. Schmierer indicated that this is a concern of staff’s, based upon limited space on the property. Commissioner Johnson suggested a bond for the wastewater system be submitted, rather than the Conditional Use Permit being continued. He further expressed concern that the area is saturated with residences and septic systems in relationship to wells. Commissioner Zvejnieks wanted to know if the “grandfathered” status goes away, if the application is approved. Schmierer said yes. Discussion followed on the applicant posting a bond for wastewater system improvements. Mr. Walter Banovic, applicant, appeared and spoke of approving the Conditional Use Permit so that he can close on April 30th. He stated that he has spoken to Mr. Don Solinsky about installing a new wastewater system, which would cost between $2,000 and $4,000, and he would like to give a check to Pennington County to use as a bond to get the system fixed. Commissioner Hall asked Mr. Banovic if Mr. Solinsky has visited the property. Mr. Banovic responded yes. Commissioner Hall also asked Mr. Banovic where the new wastewater system and drainfield will be located. Mr. Banovic said he did not know. Ms. Carol Duncan, neighbor, appeared and stated there is a permanent easement on the neighbor’s property for the drainfield. Commissioner Hall asked Mr. Banovic if the new owners of the property will reside on- site. Mr. Banovic indicated he will continue to live at the property and be a renter. Commissioner Hall asked Mr. Banovic if he could delay the closing for one month to address the concerns of the Planning Commission. Mr. Banovic commented that, because of financial responsibilities, he does not want to delay the closing, and Ms. Carol Duncan, the buyer, will also be on the bond. Ms. Carol Duncan noted that there is a permanent agreement in place for the parking, and they plan to live at the duplex when Mr. Banovic moves out. Discussion followed between the Planning Commission and the applicant regarding the Conditional Use Permit, submittal of a bond for the proposed new wastewater system, and Conditions of Approval. Moved by Coleman and seconded by Zvejnieks to continue the discussion of Item #12 until after Item #14, so that staff is able to provide a list of conditions for the Conditional Use Permit and the Planning Commission is then able to review the conditions with the applicant and staff. All voting aye, the Motion carried 7 to 0. 13. REZONE / RZ 12-04 AND COMPREHENSIVE PLAN AMENDMENT / CA 12-02: Todd Munyon - Main Street Motors. To rezone .15 acres from Limited Agriculture District and 2.45 acres from General Agriculture District to General Commercial District and to amend the Comprehensive Plan to change the Future Land Use Map from Suburban Residential District to General Commercial District in accordance with Sections 209 and 508 of the Pennington County Zoning Ordinance. Lot D of NE1/4SW1/4 and Lot A of NW1/4SW1/4, Section 14, T1N, R8E, BHM, Pennington County, South Dakota. Zeller reviewed the Staff Report indicating the applicant is requesting to rezone the subject property from Limited Agriculture District and General Agriculture District to General Commercial and also requesting to change the Future Land Use, designated in the Comprehensive Plan, from Suburban Residential District to General Commercial. The applicant is requesting to rezone the subject property in order to allow for used car sales in the northwest portion of the property. Zeller explained the property proposed to be rezoned consists of two separate legal descriptions, one of which is zoned Limited Agriculture District and the other General Agriculture District. Currently, these two legal descriptions meet the definition of “developmental lot” status since they do not meet the minimum lot size requirements of their respective zoning districts and they were platted and have always been sold together since prior to February 1, 1994. This means the two lots are considered as one and the interior lot line can be ignored for the purposes of building. Now that the applicant is proposing to rezone the property, the two legal descriptions must be considered independently since rezoning the property to General Commercial would cause the development lot status to be lost. Zeller further noted that platting the two lots together into one lot would alleviate both of these concerns Zeller further added that the applicant would like to discuss whether commercial zoning is appropriate to the area before he possibly proceeds platting the two lots into one with the City of Rapid City. She further discussed other commercial properties along E. Highway 44 and spoke of the Pennington County Comprehensive Plan, which suggests minimizing strip-commercial development along E. Highway 44. Also, staff has not yet received comments from the DOT and feels they are necessary before making a recommendation on the applicant’s request. Staff recommended Rezone 12-04 and Comprehensive Plan Amendment 12-02 be continued to the May 14, 2012, Planning Commission meeting in order for a more detailed site plan to be received from the applicant and for comments to be obtained from the DOT. Commissioner Hall questioned the drainage through Lot A shown on the aerial map. Mr. Steve Buchholz, neighbor, appeared and spoke in opposition to a used car lot on the property, and indicated the drainage on Lot A is called the Anderson Ditch He stated it is still active and the area is also a wetland and is moist and swampy when it rains. Zeller also added that she could not find an easement for the Anderson Ditch on the property when performing research at the Register of Deeds. She further reviewed newer aerial photography which shows the drainage area having been moved further west outside of the property, possibly when E. Highway 44 was recently improved. Mr. Todd Munyon, applicant, appeared and addressed concerns of the Planning Commission and the public. He stated that he intends to only have between 6 to 10 vehicles on his property at one time, and the nearest used car lot is about three miles from his property. He added that the large area on Lot B will not be used to store cars on, and noted that he could remove part of the garage on Lot A, if it is located over the lot line. Discussion followed. Commissioner Johnson clarified with the applicant, the need for a detailed site plan and comments from the DOT to be received. Moved by Landers and seconded by Litzen to continue Rezone 12-04 and Comprehensive Plan Amendment 12-02 to the May 14, 2012, Planning Commission meeting in order for a more detailed site plan to be received from the applicant and for comments to be obtained from the DOT. All voting aye, the Motion carried 7 to 0. 14. ORDINANCE AMENDMENT / OA 12-03. Pennington County. To amend Section 511-W-1 “Late Charges.” Jennissen reviewed the Staff Report indicating this Ordinance Amendment is to change the wording in Section 511-W-1 of “Administrative Fee” to “Penalty Fee.” Staff recommended approval of Ordinance Amendment 12-03. Moved by Coleman and seconded by Hall to approve of Ordinance Amendment 12- 03. All voting aye, the Motion carried 7 to 0. Planning Commission recessed at 10:23 a.m. Planning Commission reconvened at 10:34 a.m. Moved by Hall and seconded by Zvejnieks to hear Item #12. All voting aye, the Motion carried 7 to 0. 12. CONDITIONAL USE PERMIT / CU 12-05: Walter Banovic. To bring a multi-family dwelling unit (duplex) into compliance in a Low Density Residential District in accordance with Sections 207 and 510 of the Pennington County Zoning Ordinance. Lot 1 and 1/2 vacated road less Lot A, Hisega Subdivision, Section 16, T1N, R6E, BHM, Pennington County, South Dakota. Schmierer provided the Planning Commission and the applicant with a recommended list of Conditions of Approval. The Environmental Planner, Mr. Aaron Olson, appeared and stated he did speak with Mr. Solinsky and noted the existing wastewater system is undersized for the duplex. He stated that Mr. Solinsky indicated that the estimated costs would be around $30,000 to upgrade the existing wastewater system. Commissioner Johnson wanted to know if the $30,000 would be the cost for the upgrade to the wastewater system for all the structures and not just the duplex. Olson said yes. Discussion followed on easements, the existing wastewater system, and continuing this item to address the wastewater system. Moved by Coleman and seconded by Landers to continue Conditional Use Permit 12-05 to the May 14, 2012, Planning Commission meeting. Schmierer noted that staff would like the applicant to also address the parking and provide an off-street parking plan. All voting aye, the Motion carried 7 to 0. 15. COUNTY BOARD REPORT The Board of Commissioners concurred with the Planning Commissions’ recommendations from the April 9, 2012, Planning Commission meeting. 16. ITEMS FROM THE PUBLIC There were no items from the public. 17. ITEMS FROM THE STAFF A. Road Naming Ordinance. Jennissen informed the Planning Commission that there is a meeting scheduled with representatives from several departments for Tuesday, April 24th at 2 p.m. Commissioner Johnson invited other Planning Commissioners to attend. B. Vacation Home Rentals. Jennissen informed the Planning Commission that the Vacation Home Rental Ordinance did pass. The “date of passage” is the effective date, which is May 23, 2012. Discussion followed. 18. ITEMS FROM THE MEMBERSHIP Commissioner Johnson spoke of recommendations for the Planning Department to be submitted by the Planning Commissioners at their first meeting in June. 19. DISCUSSION ITEMS There were no discussion items. 20. ADJOURNMENT Moved by Hall and seconded by Zvejnieks to adjourn. All voting aye, the Motion carried 7 to 0. The meeting adjourned at 11:12 a.m. Charlie Johnson, Chairperson 1