Planning Commission

Minutes Spearfish Planning Commission Meeting January 5, 2016 3PM The Spearfish Planning Commission met in regular session on Tuesday, January 5, 2016 at 3:00 p.m. in the council chambers of Spearfish City Hall. Members present: Toby Bordewyk, Dan Green, Ken Halsey, Greg Kruskamp and Bob Meyer. Members Absent: Larry Vavruska. Also present: City Planner Jayna Watson and City Attorney Eric Davis. Chairman Kruskamp called the meeting to order at 3:00 p.m. Kruskamp noted for the audience that a revised agenda was distributed just prior to the meeting which contains a correction pertaining to the action requested for item #2. Additional copies of the revised agenda for the general public were placed on the podium. Halsey moved to approve the minutes of the Planning Commission meeting of December 15, 2015 as presented. The motion was seconded by Green and passed unanimously. Kruskamp asked for any conflicts of interest. None were declared. 1. HOLD A PUBLIC HEARING FOR A CHANGE IN ZONING FROM DEVELOPMENT REVIEW DISTRICT (DRD) TO HIGHWAY SERVICE COMMERCIAL (C-2). Applicant: Wyss Associates, Inc. Location: Northeast corner of Tract V of Elkhorn Ridge Addition to the City of Spearfish immediately adjacent to Elkhorn Ridge RV park and fronting Colorado Boulevard. Chris Wehrle of Wyss Associates spoke to the commission on behalf of client, Darryll Propp. Mr. Propp owns the property and is currently in negotiations to sell this parcel to an individual proposing to establish a commercial business specializing in sales of farm and ranch trailers, high-end amenity coaches and buses, enclosed cargo trailers and other portable livestock equipment. At this time, City Planner Jayna Watson distributed additional correspondence including comments from two residents speaking in opposition to the requested change in zoning and copies of letters of recommendation provided to her in support of Jeffrey Goldammer, the individual currently considering the purchase of this property. Mr. Goldammer currently owns and operates Goldie’s Trailer Sales in Mitchell, SD, a business similar to that which he proposes on the parcel at Exit 17. Watson’s presentation that followed touched on the larger planning issues associated with this request, which were enumerated in detail in the staff report. She explained that the DRD zoning district was created in the Fall of 2003, concurrent with the annexation of the Frawley Ranches, Tracts A and B, Section 14, “to control development of undeveloped parcels of land that, by the virtue of their visually and/or environmentally unique location, lend themselves to a blend of diverse yet compatible uses, innovative layouts or sensitive design”. DRD zoning also applies to the adjacent 160-acre Vieland property annexed to the city in 2014. The main difference between C-2 and the DRD is that C-2 zoning allows nearly all types of commercial land use and without any input from the city regarding design, landscape or building aesthetic. The long range impacts of the C-2 in this vicinity need to be considered based on all the uses allowed by this zoning as well as how dividing out a portion of this property would have an effect on the comprehensive Page 1 of 3 1/15/2016 2:45 PM  planning in the area and the compliance with the Vieland Master Plan. Watson also noted the need to understand the entirety of the Colorado Boulevard corridor for future commercial land uses and make decisions for where the best locations are for highway service commercial (C-2) taking into consideration the design challenges that exist. She also identified several critical follow-up activities that need to occur before any change in zoning would become effective. The applicant also submitted a variance request to require only the main driveway and customer parking to be paved. The trailer inventory would be parked on gravel extending throughout the lot. The city parking ordinance requires all driveway and parking surfaces to be paved. Watson concluded her presentation by stating staff’s recommendation is to deny this request based primarily on the following key issues: - The DRD offers the public a process of specific site plan, landscape, and architectural review whereas C-2 does not. - The DRD’s prohibited use list was created to encourage only commercial uses that have a high likelihood of commercial land uses that serve and support each other. - The potential for similar requests for change of zoning in the absence of a broader discussion for what may be the best locations for C-2 zoning so that it may host more regionally serving retail uses. At approximately 3:25 p.m., Kruskamp opened the public hearing. The commission heard from Bruce Sabers, representing Morton Buildings. Based on recent meetings with Mr. Goldhammer regarding building design, Sabers stated the aesthetic appearance of any building placed on the parcel will “exceed expectations”. Kruskamp requested the written public comments be noted in the minutes of today’s meeting. The commission acknowledged the good working relationship that has been established with Mr. Propp, spoke to his proven record of high quality design standards, and commitment to preserving the historic, visual and scenic integrity of the area. The opinions expressed by the commission were primarily concern over the requested change in zoning to Highway Service Commercial (C-2) and yielding control over future commercial ventures on the 5.7 acre parcel. Kruskamp closed the public hearing at 4:08 p.m. As a planning commission member at the time of the annexation of the Exit 17 properties, Meyer described the potential development of Centennial Valley a highly sensitive, hotly debated issue. The DRD zoning text was created so the ‘development of such parcels shall be accomplished while meeting public requirements, including preservation, promotion and protection of open space, scenic vistas and natural resources, by the application of extra administrative controls. Meyer moved to recommend denial of the request for a change in zoning from Development Review District (DRD) to Highway Service Commercial (C-2). The motion died for lack of a second. The opinions voiced were in favor of the proposed use but also opposed to the change in zoning. Davis instructed the commission to consider the request as presented, leaving the applicant to decide how to move forward. Page 2 of 3 1/15/2016 2:45 PM  Green moved and Halsey seconded to table the request for a change in zoning from Development Review District (DRD) to Highway Service Commercial (C-2) and request the applicant meet with staff to review options and change the request accordingly. Meyer spoke against the motion. The applicant wants a change in zoning, not additional time. Following brief dialogue regarding procedural matters, upon roll call vote taken thereon, the motion failed with the following voting AYE: Halsey and Green; and the following commissioners voting NO: Bordewyk and Meyer. Chairman Kruskamp was called upon to break the tie and voted NO, thus the motion failed (2-3). Motion was made by Bordewyk, seconded by Meyer to deny the request for a change in zoning from Development Review District (DRD) to Highway Service Commercial (C-2). Upon roll call vote taken thereon, the motion passed with the following voting AYE: Bordewyk and Meyer; and the following commissioners voting NO: Green and Halsey. Chairman Kruskamp was called upon to break the tie and voted AYE, thus the motion passed (3-2). 2. SET A PUBLIC HEARING FOR JANUARY 19, 2016 FOR A CONDITIONAL USE PERMIT (CUP) FOR PRIVATE EDUCATIONAL SERVICES LOCATED ON AN AG-ZONED PARCEL. Applicant: Jared Capp Location: Lots 6A-2 & 7C of Lot 6 and Lot 9A of Lot 9 of the Swisher Addition to the City of Spearfish. City Planner Watson referred the commission to the staff report and also noted a similar use permit submitted for approval in 2011 was not approved. Halsey moved and Bordewyk seconded to set a public hearing for January 19, 2016, for a Conditional Use Permit (CUP) for private educational services on an ag- zoned parcel located at Lots 6A-2 & 7C of Lot 6 and Lot 9A of Lot 9 of the Swisher Addition to the City of Spearfish. Meyer requested the minutes pertaining to the request from meeting(s) in 2011 be distributed with the packet for the January 19th meeting. Discussion briefly occurred regarding at what point the proposed use with occasional overnight campers would result in this being considered a campground. Upon vote taken thereon, the motion passed unanimously. 3. ELECTION OF OFFICERS. Motion was made by Halsey, seconded by Meyer nominating Bordewyk as chairman. Upon vote taken thereon, the motion passed. Motion was made by Green, seconded by Bordewyk nominating Kruskamp as vice chairman. Upon vote taken thereon, the motion passed. 4. OTHER. Watson provided a brief update on matters heard before the city council meeting last night. Kruskamp noted progress on the pocket community on Canyon Street. There being no further business to come before the commission, the meeting adjourned at 4:30 p.m. Page 3 of 3 1/15/2016 2:45 PM