Good luck stopping the re-zone train in Sioux Falls

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Another group of neighbors get a re-zoning surprise in their neighborhood;

Residents of a western Sioux Falls neighborhood are raising concerns about a zoning change planned in the Rocky Ridge housing development off West 12th Street.

Orange signs began popping up in the area earlier this week, notifying residents that an application has been submitted to rezone a lot in the neighborhood from a conservation district to low density apartments.

Nearly 80 homeowners have signed a petition against the change that could pave the way for multi-unit town homes in the neighborhood.

I guess as I have watched how the planning department (mostly), planning commission and city council treat neighbors of planned re-zones and development over the past several years, all I can say is ‘good luck’. Developers will always get the upper hand. First off, because they own their land, and secondly because something commercial will eventually have to be built next to you. Is it fair? Not sure. We live in a growing city, even things change in my neighborhood, and I live 1 mile from the core of downtown.

“I’m not going to pay taxes on it for the rest of my life, I’m not going to do that, so something is going to happen with that piece of property, and I think personally this is by far the most attractive value for the dollar, for our houses.”

The homeowners against the rezone say they plan to address the Planning and Zoning commission at the public hearing that is scheduled on Wednesday, September 2 at 6 p.m.

The landowner says it himself, he invested in the land, and he is going to do something with it. But I will defend the neighbors on one level, the process of how these re-zones happen is not good.

Touchmark finally gets the green light from the city council to expand

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[youtube]https://www.youtube.com/watch?v=LiyeVO5hrrI[/youtube]

We are treated to an unusual Sioux Falls City Council appeal process held on August 18, 2015. The meeting concluded the Touchmark at All Saints expansion plans rejected by the Board of Historic Preservation. Touchmark has gone back to the drawing board several times attempting to design a complimentary building addition only to be refused by the historic preservationists this year.

It took them almost 18 months of wrangling with the neighbors and the boards to get to this point. Ironically, only one neighbor came in opposition, and she just doesn’t like the color pink. This seems to be politically motivated.

While the current Phase 1 and Phase 2 pink stucco look is becoming a bit dated and tired, the latest designs may in the end be a welcome look. It appears Touchmark has taken the concerns of many of the neighbors and townspeople into consideration with the current plans.

The City Council had to become what’s called a quasi-judicial body to hear the appeal being presented. Items 48, 49 and 50 are the steps necessary to process the Board of Historic Preservation appeal.

Asst. City Attorney Danny Brown guides the Mayor and Council through the processes required to meet state law. The City Council became an appeals court chamber to hand down this type of judicial decision.

Item #48 is the hearing of the steps taken to this point, neighbor’s issues and filed plans. We were treated to some names and faces from Sioux Falls past bringing back some history to not forget. It was good to remember how bad the complex was before Waterford / Touchmark bought the place.

Item #49 is motion necessary to approve the project as stated in appeal.

Item #50 authorizes the City Attorney to file and post the Council’s decision.

Betty Best would be happy Touchmark has saved the complex and is expanding it’s footprint for the future.

Sioux Falls City Council Public input, 8/11/2015

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[youtube]https://www.youtube.com/watch?v=lHeAnHLMLig[/youtube]

Below is the final page of the written comments by Greg N. that he ran out of time for during our ‘TIMED’ public testimony (see the entire comments here: GregInput8-11-2015 )

Summary, Questions, and Concerns

This is NOT about this particular application, it’s about the PROCESS

In my opinion this hearing in no way fulfilled substantive due process

How are citizens going to have a voice if staff misrepresents the clear language of the code?

I am not a lawyer, but I can read, and the code is CLEAR and UNAMBIGUOUS

What is the point of a conditional use permit hearing if the governing body is told they cannot deny it and they are severely restricted in what they can consider and condition – both of which are found nowhere in the code!

Staff commentary is a personal opinion, directly contradicts the code, and is not appropriate for consideration

Due Process ONLY exists if citizens have a SUBSTANTIVE opportunity for input and a FAIR hearing

How can a hearing satisfy due process when staff, who guides the governing body, misrepresents the powers and duties of the commission?

If staff wants to force the Planning Commission (and City Council) to grant every conditional use permit, they should bring the ordinance forward

Similarly, if staff wants to force the PC and CC to restrict its considerations and conditions to a list of specific items for a use, bring the ordinance forward

All citizens should be very concerned if this is the direction staff is giving to the Planning Commission

Under these arbitrary rules, the deck is stacked, and the conditional use permit hearing essentially serves no purpose

UPDATE: Who is missing in this picture?

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Go to the Argus website and toggle down to the videos. There is a video of the Governor talking in a luxury suite at a Twins game in Minneapolis to business prospects for the state and the city of Sioux Falls (Dennis mentions Sioux Falls in the video). So who is missing from this grand party that got a lift on a private jet?

Let’s see, we have Slater Barr from the SF Development Foundation, we have Scott Lawrence (whose company gets most of the advertising contracts with the state), you have the governor’s wife, heck, and I think Jodi Schwan even hitched a ride.

So we are talking about recruiting businesses to South Dakota and specifically Sioux Falls, wouldn’t you bring the city’s number one cheerleader? Was he invited? Maybe him and the GM of Stormland-Sick Kids TV had to go to a Greenbay game?

Either way, I find it curious that there wasn’t even a representative from the Mayor’s administration (like Darrin Smith) along for the ride. At least we had Jodi Schwan (a former city employee) representing our Boomtown.

Jodi Schwan for Mayor in 2018!

UPDATE: (From a reader) The community development office was represented there – they sent this guy who got hired earlier in the year. But he wasn’t on the private jet.Â