Planning Commission

MINUTES REGULAR MEETING OF THE Spearfish Planning Commission Tuesday, April 5, 2016 - 3:00 PM The Spearfish Planning Commission met in regular session on Tuesday, April 5, 2016 at 3:00 p.m. in the council chambers at Spearfish City Hall. Members present: Toby Bordewyk, Dan Green, Ken Halsey, Greg Kruskamp, Bob Meyer and Larry Vavruska. Members Absent: None. Also present: City Planner Jayna Watson and City Attorney Eric Davis. Chairman Bordewyk called the meeting to order at 3:00 p.m. APPROVAL OF MINUTES Halsey moved to approve the minutes of the Planning Commission meeting of March 15, 2016 as presented. The motion was seconded by Kruskamp and passed unanimously. DECLARATION OF CONFLICTS OF INTEREST: Bordewyk asked for any potential conflicts of interest to be identified. None were declared. 1. REQUEST: VARIANCE TO FRONT YARD SETBACK REQUIREMENTS APPLICANT: Clarence Moshier LOCATION: 701 Federal Street Lot 1 and 2 of Block 58 in the Original Town Plat, (southwest corner of 12th and Federal Streets). At this time, City Planner Jayna Watson advised the commission of an error on the meeting agenda pertaining to this item. The “applicant” is erroneously listed as “Charles Moshier” rather than “Clarence Moshier”. City Planner Jayna Watson explained the applicant is seeking a variance from the required front yard setback of twenty five feet (25’) on this parcel legally described as Lots 1 and 2 of Block 58 in the Original Town plat, more generally described as being located at the southwest corner of 12 th and Federal Streets. Mr. Moshier would like to construct one single family dwelling unit on this property which is currently zoned R-2. Zoning regulations in the Original Town require a 25’ front yard setback and 100’ street right of way. A hardship has been found to exist in this circumstance due to the overhead power line easement that cuts diagonally across the property. This leaves the owner with a small triangular shaped building envelope on either side of the easement. This size and configuration is inconsistent with nearby lots and would negatively affect the design of this home. Although reducing the front yard setback from twenty-five feet (25’) to five feet (5’) is a “significant variance”, Watson stated approving the variance will allow the community to benefit from the construction of a larger home as well as allow the house to have a more attractive configuration similar to surrounding properties. Watson presented an analysis of the applicant’s responses to questions on the variance justification form. Adjacent property owners have been notified of the request and, as of this time, no comments have been received. Clarence Moshier, appearing in person, stated the principle reason for the variance request is the power line. Discussion commenced regarding the configuration of the driveway from Federal Street and concern over keeping public access, rugged though it is, to the State Street Park from this location. Vavruska moved to set a Board of Adjustment Public Hearing for Monday, April 18, 2016 at 5:30 p.m. to recommend approval of a variance to front yard setback requirements, from twenty-five feet (25’) to five feet (5’) on property located at 701 Federal Street, legally described as Lot 1 and 2 of Block 58 in the Original Town Plat, and owned by Clarence Moshier, stipulating that Moshier work with staff to coordinate public access in and around the driveway. Halsey spoke favorably of finding a solution which will  allow construction of a home on this “very unusual parcel”. The motion was seconded by Green and upon vote taken thereon the motion passed unanimously. 2. REQUEST: HOLD A WORKING SESSION TO DISCUSS AN UPDATE TO THE CONDITIONAL USE PERMIT (CUP) CRITERIA OF ARTICLE VI. SECTION 3 OF THE ZONING CODE AND TO DISCUSS THE CREATION OF THE LIST OF CUP ELIGIBLE USES FOR THE R1 (SINGLE FAMILY), R2 (ONE AND TWO FAMILY) AND R3 (MULTI FAMILY) ZONING DISTRICT TEXT. APPLICANT: City of Spearfish LOCATION: City-wide Watson referred the commission to the staff report for this item which summarizes the most significant changes to the proposed updates to Article VI Section 3 of the zoning code entitled CUP Evaluation criteria. Some of the proposed ordinance revisions are in response to the South Dakota Supreme Court developing the case law for CUP’s which mandates a governing body to enumerate a list of uses that are eligible for a conditional use permit if certain conditions are met. The previous ordinance text allows “any uses that are compatible with the neighborhood”. Meyer directed attention to page 2 of the staff report and suggested a change to the first sentence in the section entitled in the Adding CUP Eligible Uses to the Residential Districts section: The second part of this amendment is to update the R-1, R-2, and R-3 residential districts with land uses that are eligible to apply for a CUP. There was discussion regarding item 6 on page 4 of the staff report regarding the inclusion of a “city standard” or requirement for lighting and illumination. Bordewyk recommended deleting the second sentence of this section entirely which reads: The maximum illumination level at all property lines shall be one (1) foot-candle or less, and all exterior light sources must be shielded and directed downward to reduce glare; The commission discussed the proposed updates to Item #9, #10 and #11 which primarily address parking, traffic and noise. The commission directed staff to further define what is currently described as “unusual or unreasonable” levels of noise. The commission continued by reviewing essentially minor updates outlined in Section D – Application and approval procedure on page 5 and Section E – Appeal on page 6. Watson proposes an update to Item 2 which assigns staff the responsibility of completing the property owner notification mailing. Bordewyk noted the sign posting procedure described in paragraph 3 and suggested staff consider the same sign posting procedure occur during the appeal process. Halsey requested the statement of fact that the “Board of Adjustments” is comprised of members of the city council members should be repeated now and again. Other comments made during this working session will be taken under advisement and this matter will come back before the commission at a later date. Staff will do some research into the number of active Conditional Use Permits that exist in the community today. 3. OTHER: Addendum to the minutes 4/19/16: Commissioner Meyer distributed written comments which he proposes be considered for future DRD text amendments. No action was taken at this time. City Council Update: Commission Watson informed the commission that the city council did approve the DRD zoning text amendment; in summary, the main justification for allowing it; giving the applicant the opportunity to at least present a request. The Mayor is planning a retreat for the city council and planning commission. Additional information will be forthcoming on this matter. Watson reported that the city council recently passed a Resolution adopting the Spearfish Community 2016- 2020 Strategic Plan. There being no further business, meeting adjourned at 4:25 p.m.