Legal, Finance & Public Safety Committee (Ceased May 2022)

City of Spearfish Legal, Finance and Public Safety Committee Agenda February 10, 2020 4:15 p.m. Conducted via Zoom Join Zoom Meeting https://us02web.zoom.us/j/87301360517 Meeting ID: 873 0136 0517 One tap mobile +13462487799,,87301360517# US (Houston) +16699009128,,87301360517# US (San Jose) Dial by your location +1 346 248 7799 US (Houston) +1 669 900 9128 US (San Jose) +1 253 215 8782 US (Tacoma) +1 312 626 6799 US (Chicago) +1 646 558 8656 US (New York) +1 301 715 8592 US (Washington DC) Meeting ID: 873 0136 0517 Find your local number: https://us02web.zoom.us/u/kHGqUIHRp 1. Finance A. Hold public hearing to consider an application from Brenda Thanh Vu and Thuy Nlgoc Dan Vu with Mimosa Spa & Nail for a retail (on-off sale) wine and cider license located at 2547 Yukon Place. 1) Approve application from Brenda Thanh Vu and Thuy Nlgoc Dan Vu with Mimosa Spa & Nail for a retail (on-off sale) wine and cider license located at 2547 Yukon Place. B. Approve a property tax abatement for 2019 taxes payable in 2020 in the amount of $43,422 and 2020 taxes payable in 2021 in the amount of $42,610 for home at 8106 Luke Court assessed with a basement but no basement exists. 2. Human Resources A. Consent Agenda – Add Bryan Hill to the volunteer firefighter list. B. Consent Agenda – Hire Dylan Ash as (benefit-eligible) police dispatcher, grade 12, step 1, $17.09 per hour, effective 2/17/2021. 3. Planning & Zoning  A. Hold a public hearing and approve a DRD Concept Plan Revision and Final Plan for an assisted living, memory care, and independent living facility and townhomes located at Tract P of Elkhorn Ridge Addition. B. Approve first reading of Ordinance 1339 - A revision to Appendix A Zoning, Article V. Supplementary Regulations, Section 3. Minimum Off Street Parking Requirements. C. Set a public hearing date for March 15, 2021 for a request to vacate a portion of the Canyon Street right of way located at 711 Canyon. D. Board of Adjustment Action Item - Resolution 2021-04 - A Resolution Granting a Variance to Lot 1 Block 9, Sandstone Hills Addition, City of Spearfish, Lawrence County, South Dakota 1) Hold a public hearing 2) Take action on the resolution and findings. 4. Public Comment  ITEM NUMBER __________ AGENDA ITEM SUMMARY DEPARTMENT/ENTITY: Planning and Zoning ___________________________________________________________ REQUEST: Hold a public hearing and approve a DRD Concept Plan Revision and Final Plan for an assisted living, memory care, and independent living facility and townhomes located at Tract P of Elkhorn Ridge Addition. JUSTIFICATION: (attach any additional justification and/or documentation) This request received city council approval on 2-1-21, however a public hearing should have been held prior to the motion and vote. This will correct the process and does not affect the Planning Commission's action. FUNDING: n/a ___________________________________________________________________ RECOMMENDATION: Planning Commission: Approve ________________________________________________________ COMMITTEE DATES LFPS: 02/10/2021 _____________________ PW: _____________________ Deadline: Friday 5:00pm prior to committee, send electronically to the Finance Office. Departments provide requests/reports to committee: Legal, Finance and Public Safety: City Administration may report to both committees. Police, Fire, Finance, Building Inspection, Planning & Zoning and Human Resources. Public Works: City Administration may report to both committees. Public Works, Library, Parks and Recreation, and Engineering.  ITEM NUMBER __________ AGENDA ITEM SUMMARY DEPARTMENT/ENTITY: Planning and Zoning ___________________________________________________________ REQUEST: Ordinance 1339 - A revision to Appendix A Zoning, Article V. Supplementary Regulations, Section 3. Minimum Off Street Parking Requirements. JUSTIFICATION: (attach any additional justification and/or documentation) First Reading - February 16, 2021 Second Reading and Public Hearing - March 1, 2021 This amendment addresses the parking ratios needed for multi family housing projects that are governed by the South Dakota Housing Development Authority and will reduce the rate from 2.25 stalls per dwelling unit to 1.5 stalls for each studio, one, and two bedroom units, and 2 stalls for each three bedroom unit. Additional study is underway to determine if this concept can be applied to all multi family development regardless if SDHDA is involved. FUNDING: n/a ___________________________________________________________________ RECOMMENDATION: Planning Commission: Approve ________________________________________________________ COMMITTEE DATES LFPS: 02/10/2021 _____________________ PW: _____________________ Deadline: Friday 5:00pm prior to committee, send electronically to the Finance Office. Departments provide requests/reports to committee: Legal, Finance and Public Safety: City Administration may report to both committees. Police, Fire, Finance, Building Inspection, Planning & Zoning and Human Resources. Public Works: City Administration may report to both committees. Public Works, Library, Parks and Recreation, and Engineering.  ORDINANCE NO. 1339 AN ORDINANCE AMENDING APPENDIX A. ZONING, ARTICLE V. SUPPLEMENTARY REGULATIONS, SECTION 3. MINIMUM AMOUNTS OF OFF- STREET PARKING FACILITIES REQUIRED, OF THE REVISED ORDINANCES OF THE CITY OF SPEARFISH. BE IT ORDAINED by the Common Council of the City of Spearfish, that Appendix A Zoning, Article V. Supplementary Regulations, Section 3. Minimum amounts of off-street parking facilities required, is hereby amended —with strikethrough indicating text to be deleted, underline indicating text to be added, and the remainder of the Article left unaffected—as follows: Article V. Supplementary Regulations [...] Section 3. Minimum off-street parking requirements. A. Minimum requirements 1. Standards [...] 3. Minimum amounts of off-street parking facilities required. The following minimum amounts of off- street parking facilities shall be provided. The classification of uses shall be deemed to include and apply to all uses and if the classification is not readily determinable it shall be fixed by the zoning administrator. a. Dwellings, one-family and two-family. Two (2) spaces per dwelling unit. b. Dwellings, multi-family. (1) 2.25 spaces per dwelling unit except for senior citizens housing which shall provide 1.5 spaces per unit. (2) For property governed by funding programs administered by the South Dakota Housing and Development Authority, 1.5 spaces per studio/efficiency, one-bedroom, or two-bedroom unit, and 2 spaces per 3-bedroom unit. (3) c. In C-1 and CC zoning districts only, 1.5 spaces per studio/efficiency apartment dwelling unit or one-bedroom multi-family dwelling unit; 2.25 spaces per dwelling unit for all other multi family dwelling units. Effective Date. This ordinance will be effective 20 days following publication, which will occur after the ordinance receives second and final reading by the City Council and is signed by the Mayor. Dated this 1st day of March, 2021  CITY OF SPEARFISH By: ______________________________ ATTEST: Dana Boke, Mayor ____________________________________ Michelle DeNeui, Finance Officer (SEAL) 1st reading – 2-16-2021 2nd reading and public hearing – 3-1-2021 Published – 3-6-2021 Effective – 3-26-2021  ITEM NUMBER __________ AGENDA ITEM SUMMARY DEPARTMENT/ENTITY: Planning and Zoning ___________________________________________________________ REQUEST: Set public hearing for March 15, 2021 to Vacate 12 feet of public right of way along Canyon Street adjacent to Lots 6A and 6B of Block 23 Original Town Address is 711 N Canyon. JUSTIFICATION: (attach any additional justification and/or documentation) Vacate request is to accommodate a redevelopment proposal for a 9 unit multi family project. see attached staff memo for additional information. FUNDING: n/a ___________________________________________________________________ RECOMMENDATION: staff does not support the request ________________________________________________________ COMMITTEE DATES LFPS: 02/10/2021 _____________________ PW: _____________________ Deadline: Friday 5:00pm prior to committee, send electronically to the Finance Office. Departments provide requests/reports to committee: Legal, Finance and Public Safety: City Administration may report to both committees. Police, Fire, Finance, Building Inspection, Planning & Zoning and Human Resources. Public Works: City Administration may report to both committees. Public Works, Library, Parks and Recreation, and Engineering.  ITEM NUMBER __________ AGENDA ITEM SUMMARY DEPARTMENT/ENTITY: Planning and Zoning ___________________________________________________________ REQUEST: Board of Adjustment Action Item - Resolution 2021-04 - A Resolution Granting a Variance to Lot 1 Block 9, Sandstone Hills Addition, City of Spearfish, Lawrence County, South Dakota a) Hold a public hearing b) Take action on the resolution and findings JUSTIFICATION: (attach any additional justification and/or documentation) This request is to reduce the required lot width from 75 feet to 57 feet so that the property owner may divide his land into three lots. In order for a variance to be granted, three criteria must be met as explained in the attached staff report. 1) The character of the locality is not changed, nor is there a public safety risk created. 2) Physical conditions exist on the property that impose a hardship 3) The hardship conditions are unique to the property in question and not to the general area. see staff report attached. FUNDING: n/a ___________________________________________________________________ RECOMMENDATION: Planning Commission: Deny ________________________________________________________ COMMITTEE DATES LFPS: 02/10/2021 _____________________ PW: _____________________ Deadline: Friday 5:00pm prior to committee, send electronically to the Finance Office. Departments provide requests/reports to committee: Legal, Finance and Public Safety: City Administration may report to both committees. Police, Fire, Finance, Building Inspection, Planning & Zoning and Human Resources. Public Works: City Administration may report to both committees. Public Works, Library, Parks and Recreation, and Engineering. Prepared By: City of Spearfish 625 Fifth St. Spearfish, SD 57783 (605) 717-1122 RESOLUTION 2021-04 A RESOLUTION GRANTING A VARIANCE TO LOT 1 BLOCK 9, SANDSTONE HILLS ADDITION, CITY OF SPEARFISH, LAWRENCE COUNTY, SOUTH DAKOTA WHEREAS, the owner of the following-described real property has requested a variance to the lot width requirements of the PUD/R-1 Single Family zoning district. This variance is to allow the lot width to be reduced from seventy-five (75) feet to fifty-seven (57) feet. Lot 1 Block 9, Sandstone Hills Addition to the City of Spearfish according to plat document number 2002-6824, as recorded in the Office of the Lawrence County Register of Deeds, and, WHEREAS, the City of Spearfish Board of Adjustment has reviewed the record and has concluded that the applicant has satisfied the criteria for receiving the variance requested, NOW THEREFORE, BE IT RESOLVED by the Board of Adjustment of the City of Spearfish, Lawrence County, South Dakota, that the above-described property is hereby granted a variance to Appendix A. Zoning Article IV. Section 2.D.4 to reduce lot width from 75 (seventy-five) feet to 57 (fifty-seven) feet. This variance shall be deemed to run with the land but shall terminate automatically if no building permit has been issued within 18 months of the variance approval. Dated this 16th day of February, 2021. BOARD OF ADJUSTMENT By: ____________________________ (Seal) Dana Boke, its Chairperson Attest: ________________________________ Michelle DeNeui, Finance Officer Public Hearing: 2-16-2021 Adopted: 2-16-2021 Published: 2-20-2021 Effective: 2-26-2021 EXHIBIT A – CITY OF SPEARFISH RESOLUTION 2021-04  Spearfish Planning Commission Staff Report Meeting Location: Zoom Online Meeting – instructions to join on page 4 Meeting Date February 2, 2021 at 3 p.m. and Time: Applicant: Steve and Kim Hines Request: Approve a variance to the front yard lot width requirements of Appendix A Zoning, Section IV. District Regulations, Section 2. R1 Single Family Action: Make a recommendation and set the Board of Adjustment's public hearing for February 16, 2021 Location: Lot 1 Block 9 Sandstone Hills Addition Proposal Summary: Reduce lot width from 75 feet to 57 feet. BACKGROUND AND HISTORY: • This parcel is zoned PUD/ R-1 Single Family • Parcel size is 2.4 acres • Immediately adjacent to the Lookout Mountain open space conservation area on the north and west • Single family residential located to the east and south • Access from the Pony Express hammerhead turnaround area PROJECT DATA: • The minimum lot width for single family zoning is 75 feet • The applicant is requesting a reduction in lot width to 57 feet • Three lots are proposed (three and fewer lots are administrative approvals, no preliminary plat submittal required) REVIEW CRITERIA AND STAFF FINDINGS: The owner wishes to divide this parcel with each lot having a frontage along Pony Express Lane. Lot width must be measured along the Pony Express right of way according to the zoning code: Setback line means a line delineating the minimum allowable distance between property boundaries and the foundation of a structure, within which no building or other structure shall be placed except as provided in Article V, Section 2. The front setback line is parallel to or concentric with the street right-of-way. (Editor’s note: section 2 pertains to fencing, landscaping, and site distances) The steeper topography of this area presents challenges to developing at greater intensity than in other locations in Sandstone. For this reason, lots in this location were platted into larger parcels because of the constraints associated with steep streets, and limited building sites. Variances must be evaluated according to the criteria established by the zoning code, below. Staff findings are in bold. Article VI Administration and Enforcement, Section 2. Variances: D. Evaluation Criteria. A variance shall be approved only if the applicant is able to satisfy each of the following three (3) criteria: 1. The requested variance is not contrary to the public interest, as determined by the Board of Adjustment. In order to fulfill the public interest, the proposed variance must not: a. Alter the essential character of the locality or b. Endanger public safety. Page 2 Spearfish Planning Commission Staff Report Meeting Date: 2-2-2021  Findings: 1.a: A reduction in lot width has a corresponding effect on development intensity. With the variance three lots/building sites on this parcel would result with the smallest at 12,637 square feet, and 13,349 square feet. The lots on the immediately adjoining parcels are ¾ acre, .9 acres, and 1.9 acres. In staff’s opinion, the size of this parcel does not imply it has or should have more carrying capacity. 1.b: Public safety would not be endangered by this proposal. Criteria 1.a is not met, and criteria 1.b is met. 2. The requested variance must result from special physical conditions on the property, which: a. Are natural or man-made surroundings, shape, or topographical conditions that do not result from persons presently having an interest in the property; or b. Because the property is situated within any of the following downtown core neighborhoods and has a lot width of seventy-five feet (75’) or less, or a square footage of less than eight thousand (8,000) square feet i. Original Town Plat ii. Uhlig Addition iii. Ramsdell Addition iv. West Addition v. Schar’s Addition Findings: 2.a: The applicant cites the configuration of the existing lot lines as the primary constraint to dividing their lot into three parcels. All parcels have a limited number of lots based on how the parcel boundaries are configured. The total lot width at the front setback of the existing overall parcel is 171 feet. This correlates to a maximum of two lots within the overall boundary to develop at the code required 75 feet of lot width. It is the lot width regulation itself that places the third lot in question, not the shape of the parcel boundary. Criteria 2.a is not met. Criteria 2.b does not apply. Page 3 Spearfish Planning Commission Staff Report Meeting Date: 2-2-2021  3. A literal enforcement of the provisions will result in unnecessary hardship. a. Because of the special physical conditions of the property, unusual hardship that would serve no public purpose would result to the owner if required to act in strict conformity with the provisions of the zoning regulations and the authorization of a variance is therefore necessary to enable the reasonable use of the property. b. The hardship must be unique to a particular piece of property to justify a variance, and not shared by all property in a particular zone Findings: 3.a: The applicants cite the Lookout Mountain conservation area as a hardship since they had requested a land trade with the city to adjust their lot line at the southwest corner (see map on page 5). The land trade did not proceed. No hardship is imposed when the city, or any other landowner, is unable to modify their parcel boundary to accommodate another owner’s property development plan. The public purpose served by a lot width minimum is to promote a roughly uniform development pattern of the immediate area. This variance would be contrary to this intent based on the immediate surroundings where lot widths are 170 feet and larger. 3.b: There no unique quality associated with being adjacent to the open space area. Many lots border the Lookout Mountain conservation area and develop while still meeting code requirements. Criteria 3.a and 3.b are not met. PUBLIC COMMENTS: The applicant will post a public hearing notice on the property concerning the Board of Adjustment’s hearing and notice also will be sent to the newspaper. According to the applicant, the adjoining neighbors are in support of their request. STAFF RECOMMENDATION: Set public hearing for the Board of Adjustment for February 16, 2021; staff does not support. ATTACHMENTS: Page 5 – Aerial Map Page 6 – Site Plan Page 7 - Applicant’s narrative and variance questionnaire STAFF CONTACT: Jayna Watson, City Planner, 605-717-1122; jayna.watson@cityofspearfish.com City Spearfish is inviting you to a scheduled Zoom meeting. Spearfish Planning Commission - Time: Feb 2, 2021 03:00 PM Mountain Time Join Zoom Meeting https://us02web.zoom.us/j/81073154122 Meeting ID: 810 7315 4122 Dial in: 1 669 900 9128 & enter Meeting ID Page 4 Spearfish Planning Commission Staff Report Meeting Date: 2-2-2021  Lot 1 Block 9 Sandstone Hills Applicants requested a possible land trade with city to gain some additional frontage as shown in yellow triangle, which would have enabled the 75 feet for minimum lot width. The trade did not proceed. Page 5 Spearfish Planning Commission Staff Report Meeting Date: 2-2-2021  Page 6 Spearfish Planning Commission Staff Report Meeting Date: 2-2-2021  Page 7 Spearfish Planning Commission Staff Report Meeting Date: 2-2-2021  Page 8 Spearfish Planning Commission Staff Report Meeting Date: 2-2-2021  Page 9 Spearfish Planning Commission Staff Report Meeting Date: 2-2-2021 Continuation from page 9, Item 1, Variance Justification form: “be able to see very much of our proposed development. There are no houses to the north and west. The home owners adjacent to our property are supportive of our plans.” Page 10 Spearfish Planning Commission Staff Report Meeting Date: 2-2-2021  City of Spearfish Board of Adjustment Variance Findings Applicant: Steve and Kim Hines Location: Lot 1 Block 9, Sandstone Hills Addition to the City of Spearfish Zoning: PUD/ R-1 Single Family Variance Request: Reduce lot width from 75 feet to 57 feet Date of Board of Adjustment Public Hearing: February 16, 2021 Planning Commission Recommendation: Deny – February 2, 2021 All conditions must be found to exist to grant the variance: ___ Compatible with existing development patterns. (criteria 1.a) ___ Public safety is unaffected. (criteria 1.b) ___ A special condition exists on the property related to natural or man-made surroundings, shape, or topographical conditions; (criteria 2.a) OR, the property is located in: Original Town Plat, Uhlig Addition, Ramsdell Addition, West Addition, or Schar’s Addition with a lot size less than 8,000 square feet and lot width less than 75 feet. (criteria 2.b) ___ The regulation serves no public purpose and creates an un-necessary hardship. (criteria 3.a) ___ The hardship imposed must be unique to the property. (criteria 3.b) I verify that the above findings and the decision to approve____ deny____by the Spearfish Board of Adjustment were made in a public hearing on this ___ day of _________, 20__ ____________________________________________ Dana Boke, Chairperson Date Approved____Denied_____ by a vote of __________ Date Filed ________________ ____________________________________________ Board Clerk Signature Date