Planning & Zoning - Regular Meeting

Is there a second? Second. Second by post. All in favor? I. Motion passes. Items to be added to agenda by commission members or staff. I have none. I have nothing. Thank you. Invitation for citizens to schedule a time in the commission agenda for an item not listed. Seeing none, disclosure of conflicts of interest, relationships to the applicant or exparte communication. Seeing none, approval of agenda. Is there a motion? Motion by post. Second. Second. Second by Pollson. All in favor? I. Motion passes. We'll now convene as the Brookings County Planning and Zoning Commission. The Brookings County Planning Commission is a nine-member commission whose function is to recommend approval or disapproval of land use plans, zoning ordinances, subdivision plats, and amendments thereof to the Brookings County Commission. The commission makes recommendations based on the adopted comprehensive plan for the physical development of the unincorporated areas of Brookings County. As a matter of policy, all motions are made in a positive. After a motion is moved and seconded, it is open for debate. Those supporting the motion shall in turn give their reasons. Those opposing the motion shall then offer their reasons. After everyone has been given a chance to be heard, the commission shall recommend approval or disapproval based on the testimony and information presented. A simple majority vote of a quorum of members of the planning and zoning board in attendance is required to forward a recommendation. Mr. Mr. Chairman, if I may, I'd like to welcome Justin Deg Grot to the board. He's a new member and I I should have done the new business, but sorry about that. We'd like to welcome Justin Deg Grot and appreciate his volunteer and for the board. The county commission approved his his um being an alternate this morning, and we just wanted to

welcome to the board. Thank you. Thanks for joining us. Moving on to consideration of plats. Agenda item 2025 plat 010. Plat of lots 28 and 32 of Turtle Bay edition located in the south 1/2 of government lot 1 in the northeast 1/4 of section 29 township 109 north range 50W of the fifth primary rating. and in a portion of the northeast 1/4 of the southeast 1/4 of section 29 township 109 north range 50W of the fifth primary reading and a portion of government lot 2 in the southwest 1/4 of section 28 township 109 north range 50W of the fifth primary reading all in Brookings County South Dakota is there a motion motion by Vanderwall second by Paulson Richardart yes 2025 5 uh plat 010. Tim Hogan has submitted a final plat for lots 28 and 32 in the Turtle Bay edition on the west side of Lake Campbell. The prelim preliminary plat was approved on June 6, 2024. plat meets the requirements of the Brookkins County subdivision ordinance, the Lake Park zoning ordinance, and the 2016 comprehensive plan of the unincorporated rural land use statement on page 11 for developed and existing lakes. This is his plat 28 and 32. Um 29 and 30 were previously final platted earlier this year. This is Turtle Bay Road. This is 468th Avenue coming down here from the south. Here's just the beacon map with the plots overlaid on them to see what they would look like. These are the two existing lots. The ones in

red are new lots that are here this evening. shows a beacon map without the the parcel on there, without the the lots on there. And that's all that I have and the applicant is not here this evening. Thank you, Richard. If the applicant isn't here, we'll move to the public hearing portion. Is there anybody in the audience that is for this? Seeing and hearing none, is there anybody in the audience that is opposed to this? Seeing and hearing none, I'll now close the public hearing portion. Move back to the board for any additional comments or questions. Seeing none, Richard, would you call a vote? Yes. Post. I Pollson. Hi. Degrroot. I Klein. John. Hi. Kyle Vanderwal. Hi. Mark Trombby. Hi. Troyan. I Starhog I and Ford I motion passes. Moving on to agenda item 2025 plat 011 plat of lots 18A and 20A in Kleinfelters edition on Lake Campbell and government lots 6 and 7 of section 28 township 109 north range 50W of fifth primary in Brookings County South Dakota. Is there a motion? So moved. Motion by Tryan. Second. Second by post. Richard would you read the staff report? Yes. 2025 plat 011 Jacob and Terra Mills own lot 20 and is purchasing additional land footage from the adjoining land land owner Marlina Walker who owns lots 17 18 and 19. The four lake lakefront lots were vacated and reserveyed to reflect the

change in the property lines would be known as lot 18A and 20A. Lot 18A is 42,517 square ft and lot 20A is 27,028 square feet. Kleinfelter's edition was planted on December 7th, 1965 and it meets the planning requirements of the Brookings County subdivision ordinance, the Lake Park zoning ordinance, and the 2016 comprehensive plan for the unincorporated rural area land use on page 11 for developed lakes existing land use. This is the plat. See the original survey lines. The dash lines are just dark lines are the other original ones. Same way the beacon map just with the beak plat overlay on it and the red lines. This was the original survey lot line. This is where the new one would be on the red right here. Everything else would stay the same. Just a beacon map showing the two individual lots. This is the Walker lot to the north. This is a Mills lot to the south. That's all they have. The applicants are here this evening and that's all that I have for this report. Do you have anything to add? Just if you have questions, we'll move to the public hearing portion. Is there anybody in the audience that is for this? Seeing and hearing none. Is there anybody in the audience is opposed to this? Seeing and hearing none, we'll close the public hearing portion. Is there any additional comments or questions from members of the board? Seeing none, Richard, would you

call the vote? Pollson. Hi Degrroot. I Klein John. I Kyle Vanderwal. I Drawby. I Troyan. I Stohhog. I Post. Hi. And Ford. I. Motion passes. Moving on. We will now convene as the Brookings County Board of Adjustment. The board of adjustment is a nine-member board which has the power to hear requests for variances, conditional uses and appeals from non-material decisions of zoning officer. The concurring vote of twothirds of the full board membership of board. Six votes is necessary for approval of an invariance or an appeal of the zoning officer. The concurring vote of a simple majority of those board members present in voting is necessary for approval of a conditional use permit. In accordance with Robert's rules of order, we require a motion to approve a request before it can be requested can be debated. As a matter of policy, all motions are made in a positive. The board under specific powers granted to it by the state shall authorize variances from the zoning requirements for special conditions existing on the land will result in unnecess unnecessary hardship for the applicant. Financial disadvantage to the property owner shall not constitute proof of an unnecessary hardship. Agenda item 2025 CU00004 Hillistad Farms Incorporated by Rick Hilliststead is made in application 2025 CU00004 to the Brookings County Board of Adjustment for a conditional use permit article 4 district requirements chapter 4.01A agricultural land district section 4.01.04 04 conditional uses number 24 sand gravel or quarry operation mineral expiration extraction rock crushers and concrete asphalt mixing plants. The

property is described as the northeast 1/4 and the north half of the northwest 1/4 and the southeast 1/4 of the northwest 1/4 all in section 28 township 109 range 51W Oslo Township. Is there a motion? So moved. Motion by post. Is there a second? Second. Second by Pollson. Richard, would you read the staff report? Yes. Hillstead Farms, Inc. by Rick Hillisad is applied for the Brookings County Zoning Ordinance, Article 4, Chapter 4.01A, Agricultural Land District, Section 4.0104, conditional use number 24, which is for sand, gravel or corey operation, mineral exploration, uh, rock crushers, concrete, or false mixing plants. uh to mine clay on an asneeded basis for the local area. Clay is considered a mineral and a conditional use permit is required for the mining of clay. The applicant would mine a ridge of land of clay located in the southwest 1/4 of the northwest 1/4 and also in the north half and of the northwest 1/4 until it is removed and then a ridge of land of clay would be located in the northeast 1/4 and this is all lo located in Oslo Township section 28. The reclamation plan is remove and stockpile the black dirt and put it back on the ground after the mining is complete and return it to farm ground. When mining in the northwest quarter, the hall wrote would be on 218th Street and when over to 464th Avenue and when the uh mining in the northeast one quarter, the hall route would be 463rd Avenue to 218 and then over to 464. The mining would be for a 10-year time time frame or until the clay is depleted and the ridge is leveled off. The hour of operations would be 9:00

a.m. to 5:00 p.m. Monday through Friday. And the applicant does have a road agreement with Oslo Township on file. Public notices were sent to the joining land owners, the Oslo Township chairman and clerk, and public notices were published in the Brookings Register on April 22nd and 29th, 2025, and the Vulgate Tribune on April 24th and May 1st, 2025. Here is the applicant's conditional use application. This is um business plan. This is where the driveway is coming off 218 down the quarter line there over to here. This is a southwest quarter there of the northwest southeast quarter of the northwest quarter. This is the north half of the northwest quarter. This is where the current mining is going would be going on. After that is depleted and leveled off, they've moved right over to this. Well, guess that's on this parcel here, but we'll go down to this one here. Then they would move over once it's depleted here, move over to this ridge right in this area, make a hall road going out to 463rd, then up to 218, and then over to 464th. They would stockpile the black dirt. Then once they get the area, the ridge leveled off and the clay depleted off there, they would replace the black dirt on there and then return the ground to farmland. This is his road agreement with Oslo Township. Just some pictures. This is looking west down 218th Street from the

Hall Road. Good visibility that way. This is looking towards the south uh of the Hall Road going down in there in the northwest quarter. This is looking east. Good visibility that way. This is just some of the mining area that they did down in there with the clay. Here's the stockpile, the black dirt. This is just showing the hall road going back out towards the east northeast there. This is looking back towards 218th Street on the current hall road going there. This would be the This is up over the northeast quarter, the ridge that is there looking towards the west northwest. Same way here. And this would be the um coming down from the Hall Road from this ridge here back to the east over to 463rd. Um, this would be looking south from that from this area right here where the driveway would be for the hall road. This is looking to the north. Good level spot. Visibility is good both directions there. So, they would come out of the field of the hall road to 463rd and up to 218th. And that's all that I have. And the applicant is here this evening. Is there any questions for members of the board at this time? Seeing none, I'll move to the public hearing portion. Is there anybody in the audience that is for this? We did receive a comment this morning uh was after the 5:00 p.m. Friday deadline. This is from the neighbor Gail Tovito. Um just wanted to share some concerns. Gail wanted to let the board know that Rick Hillstead had visited with them regarding the conditional use application. They wish him well his endeavor and just wanted to note a couple of concerns. One would be truck speeds. They understand most gravel roads are 55 miles an hour, but with small children

and young drivers in the area would like to all those coming in going the mining area to be cautious and slow. Second one is dust control. They appreciate dust control but would prefer not to have it put on the road in front of their home. Uh sincerely Gail Tovito and receive it was received this morning by Railen Maher in the office. That's all we have received. Thank you, Richard. Is there anybody else that is for this? Seeing and hearing none, is there anybody else? Is there anybody that is opposed to this? Seeing hearing none, I'll now close the public hearing portion. Is there any additional comments or questions from members of the board? Seeing none, Richard, would you read the findings facts? Yes. Brookings County Zoning Conditional use permit 2025 CU004. An application for a conditional use permit have been filed at the Brookings County Zoning Commission acting as a board of adjustment. A copy of the application being attached here too. Such application being made by Hillstead Farms, Inc. by Rick Hillstead regarding the following real property. Northeast 1/4 and the north half and the northwest 1/4 and the southeast 1/4 of the northwest 1/4 all in section 28 township 109 north range 51 west Oslo Township after due notice of public hearing have been held on the application on the 6th day of May 2025. Number one, the Brookkins County Zoning Commission hereby finding that it is empowered to grant such conditional use under the following sections of the Brookings County zoning ordinance. Article 4, District Regulations, District Requirements, Chapter 4.01, A, Agricultural Land Use District,

Section 4.0104, Conditional Use number 24, for mineral exploration and extraction. Further finding the granting of the conditional use would not adversely affect the public interest. Number two of the Brookings County Zoning Commission further finds and certifies that the following specific rules governing the conditional use requested have been complied with. Article 5, general requirements, chapter 5.31 for mineral exploration and extraction. Number three, the Brookings County Zoning Commission further finds that satisfactory provisions and arrangements have been made concerning the following are applicable. a entrance and exits to the property and proposed structure there in with particular reference to automotive and pedestrian safety convenience traffic flow control and access in case of fire catastrophe. Truck entrance and exit will be off 218th Street and also Township Gravel Road east to 464th Avenue when mining in the northwest quarter of section 28 and 463rd Avenue to 28 Street to 464th Avenue when mining in the northeast quarter of section 28. Township 109 north range 51 west which is Oslo Township. B off streetet parking loading areas were required with particular attention to the items in A above economic noise glare or other effects of the special exception on adjoining properties or generally in the district. No on street parking no parking of equipment or storage of fuel or oil in the mining area. Separate parking lot and storage area or fuel oil and equipment containment must be 300t away from the min or actively mined area. C. the utility utility refuge compatibility. Um, we just have dumpster service in there required for garbage disposal, but I don't think there'll be

much garbage down in that area. This is what we just put our standard for gravel pits, but I'll put this NA for this one. You wouldn't be doing any maintenance or anything down there, would you, Rick? Down in that area where the mining is for garbage or that type of thing. Be a capital A. Yep. Screening and buffering with reference to type, dimension, and character. None stated. signs if any proposed exterior lighting with reference to glare, traffic safety, economic effect, compatibility to harmony, 32 square foot sign allowed, and any required safety signs. A required yards and open spaces, spraying of all noxious and other weeds before they go to seed. Monitor weed growth and weed control by spraying, mowing, or tilling by the permit holder or designating designated professional sprayer service. Weed control is pursuant to South Dakota codified law 3822 and would be inspected two times a year for weed growth and weed control by the Brookings County weed supervisor. General compatibility with adjacent properties and other properties in the district meets the comprehensive plan requirement for the agricultural district. H. Roads providing access to the property are adequate to meet the transformation demands of the proposed conditional use. The board of adjustment may require the applicant to enter in a written contract with any affected township or other government unit regarding the upgrading or continued maintenance of any roads used for the conditional use requested prior to the issuance of a conditional use. Driveway permit if required and road maintenance agreement with Oslo Township to be on file with the Brookings County Development Office which we do have on

file. J or I. Any required notifications, law enforcement or fire department? Just notification to Brookkins County 911 or Brookkins Emergency Management of any hazardous material or chemical spills. Jay, any other safety inspections? Um, anyctions required by the South Dakota Department of Agriculture and Natural Resources or any other state agency? He does not require a state permit for the mining of clay unless it would be for a specific project for a state or federal job. Then the state of South Dakota would issue him a mining permit for that job specifically. But as of right now, he does not need a state permit, just a local permit from the county uh zoning board. Number four, the Brookings County Zoning Commission further determines and condition this condition used for pin upon the following additional special conditions or safeguards. A setbacks number one 200 ft from any residents. Number two, 100 ft setback from any public rideway. Three, mining 50 ft setback from any property line. B, follow Brookings County Zoning Ordinance Chapter 4.06, 06 aquifer protection standards in section 4.0606 C. Fuel fuel storage with containment to be 300 ft away from any actively mined areas. Dust control such as magnesium chloride or like products on driveway entrance or exits or loading area or hall roads as required. Hours of E. Hours of operation 9:00 a.m. to 5:00 p.m. Monday through Friday. extended hours as needed due to weather and construction season. F. South Dakota Department of Agriculture Natural Resources permit may be required if used for state or federal construction jobs. F. If the applicant

shall obey any federal, state or local laws or obtain any necessary permits from the state of South Dakota, those permits may include, but are not limited to, storm water drainage permit, flood control permit, water rights permit, US Army Corps of Engineers, etc. H reclamation plan, mined area to be leveled off, black dirt that was removed to be put back on the area and restored back to farm ground. J. Nor storage of junk, concrete batch plant, asphalt mixing, or storage of rubble, waste products, or other concrete demolition materials on the site. J. Conditional use valid for 10 years, expires May 6, 2035, or when the mineral resource um which would be clay has been depleted. The Brookings County Board of Adjustment by least a majority vote of its full membership present here by grants of an above petitioner a conditional use for the above described or property as follows. Conditional use number for 24 mineral exploration extraction to mine clay. This conditional use is specifically conditioned upon initial and continued compliance with all the requirements and conditions and three and above and upon compliance with all applicable provisions of the Brookings County Zoning Ordinance. If approved, the Brookings County Zoning Director is authorized to issue any required building permits for construction consistent with the requirements of this conditional use permit. This conditional use permit is not used within 3 years of a date granted. It shall be invalid dated the 6th day of May, 2025. Are there any additions or corrections to the findings of facts? Mr. Chairman, I've got a note from Luke Mueller, First Planning District. He said letter J should say whichever occurs

first. Whichever occurs first is what his note is. Thank you. You've got two Fs instead of an F and a G. Oh. All right. Now we'll change that to there. I think I've got it all. Is that it? Are there any additional question corrections to the findings of facts? Mr. Chair, I find that this application meets the requirements of the zoting ordinance as long as the findings of the facts are followed. So I concur with the findings of the facts. Thank you, Mr. Pollson. Richard, would you call a vote? Degrroot. I Klein John I. Kyle Vanderwal. Hi, Jornby. Hi, Troyan. Hi, Starhog. Hi, Post. I Pollson. Hi, and Ford. I. Motion passes.

Moving on. Department reports. Yes, sir. Obviously, planting season is happening at this time. We uh I realize or the county commission realizes that your vehicles are bigger than 99% of the the people that's running up against you. Just try to we try to stress safety during planting season and um we're we're we're doing our part and trying to let the public know what's what's occurring. Unfortunately, when you get a city like Brookings that you always get people moving in that they're not aware of farm equipment, we're going to have some some issues. So, just the count county commissioner recommends you be careful out there. Control burns in the last two days. We've had two control burns get out of control where fire departments have had to been called in. It is recommended that if you're going to do a control burn, which if there's not a burn ban you're allowed to do, go ahead and call that non-emergency 911 line, which is 6056922113, and let let dispatch know you're burning so they are aware of the location in case it gets out of control, we can get the fire departments there faster. The county commission thanks the board for your support continuously. And next month we have got a reasonzoning request for one of our natural resource lakes which is a rarity in Brookings County but Lake Goldmith. They're we've got a request to reszone portion of it for Lake Park I believe is what it is. So, just be aware that's that could be a contingent meeting. We've informed First Planning District to make sure that they're prepared to assist us in the

meeting. And uh just giving you a heads up of it. That's the end of my report. You have Richard? Yes. The flood the new flood plane maps went into effect April 23rd. So they are up and in in force right now. So that is the new flood map is taking place. So working through the bugs on that, but everything's going pretty smoothly so far. So um that's all that I have and welcome Mr. Degroup to the board as a um substitute board member. Thank you. No need for an executive session. No sir. Is there a motion to adjurnn? So move. Second. Motion by Troy, second by post. All in favor? I meeting journed.