Planning director warns of spot-zoning and safety concerns for rezoning request 25-02; hearing set for Sept. 23

At first reading Sept. 2, planning director Scott Anderson described rezoning request 25-02, a petition to rezone about 14.87 acres from A-1 Agriculture to C Commercial near Midway Corner, approximately 1.5 miles east of SD Highway 115. Anderson said the parcel already hosts a trucking operation that appears to be a nonconforming commercial use and that the applicant has not paid the double fee required under the county’s zoning ordinance for that nonconforming use.

Anderson told commissioners the planning commission considered the application at its recent meeting and recommended denial on a 3-2 vote. He said staff’s recommendation is also to deny because the proposal appears to be spot zoning that conflicts with the county’s newly adopted comprehensive plan. Anderson raised potential health and safety concerns, noting the storage of flammable materials roughly 250 feet from an established residence.

Commissioners asked staff whether neighbors were notified; Anderson said five property owners within 500 feet received certified-mail notices and that the original notice covered both the planning commission hearing and the forthcoming county hearing. Commissioners also asked about the parcel’s ownership history; Anderson said the applicant is buying the larger surrounding property by contract for deed over three years and that contract-for-deed arrangements can be rescinded.

The commission voted to set a public hearing on rezoning 25-02 for Sept. 23 and authorized the auditor to publish the hearing notice. The hearing will allow the applicant, planning staff and nearby property owners to present additional evidence and public comment before the commission takes a final vote.