Planning Commission

MINUTES REGULAR MEETING OF THE Spearfish Planning Commission TUESDAY, JULY 5, 2016 - 3:00 PM The Spearfish Planning Commission met in regular session on Tuesday, July 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, Bob Meyer and Barbara Zwetzig. Members Absent: Larry Vavruska. Also present: City Planner Jayna Watson and City Attorney Eric Davis. Chairman Bordewyk called the meeting to order at 3:00 p.m. He introduced and welcomed Barbara Zwetzig, newly appointed member of the Planning Commission. APPROVAL OF MINUTES: City Planner Jayna Watson proposed minor revisions to the minutes from the Planning Commission meeting on June 21, 2016, pertaining to the proposed change in zoning and approval of a concept plan for the Villages at Creekside. Meyer moved to approve the minutes of the Planning Commission meeting of June 21, 2016 with the following changes to the last paragraph on page one (1): The board recently discussed the possibility of authorized Spearfish Creekside, LLC assuming responsibility for the maintenance of the property from the boundary on the west to Spearfish Creek. A Memorandum of Understanding (MOA) or similar agreement will be executed between the city and Creekside parties. 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: HOLD A PUBLIC HEARING FOR PROPOSED CHANGE IN ZONING FROM AGRICULTURE (AG) AND PARKS, RECREATION AND OPEN SPACE (PROS) TO DEVELOPMENT REVIEW DISTRICT (DRD) AND APPROVAL OF A CONCEPT PLAN FOR THE VILLAGES AT CREEKSIDE. APPLICANT: Creekside, LLC LOCATION: 2525 North Avenue Joe Jorgenson, representing the applicant, Spearfish Creekside, LLC, appeared in person and began by presenting information requested at the last Planning Commission meeting. He referred to a rough sketch illustrating the proposed location of a pedestrian/bicycle path and public parking area which might be constructed at some time in the future on the north end of the parcel. An aerial image showing the distance between the property boundaries on the west to the creek was presented, which range in distance from thirty feet (30’) to one hundred thirteen feet (113’). Kruskamp prompted discussion regarding building setbacks on the west side of the property line, as stated in the staff report, will be guided by building code versus zoning code. The applicant plans to incorporate Spearfish Creek as a site amenity and it is very likely that future site plans will include construction as close to the property line as possible. Jorgensen concluded by stating the Planning Commission will have the opportunity to review detailed site plan and building design as each site is prepared for development. Property owners within two hundred feet (200’) of the parcel were notified of the public hearing. No comments have been received. Staff recommends approval. Meyer expressed concern with creek-side public access in the event of a hundred year flood to which Jorgenson responded that conversations are currently underway with the floodplain engineer. Page 1 of 3  Chairman Bordewyk opened the public hearing at approximately 3:23 p.m. Hearing no comments from the audience, Chairman Bordewyk closed the public hearing at approximately 3:24 p.m. Motion was made by Halsey to recommend approval of the change in zoning from Agriculture (AG) and Parks, Recreation and Open Space (PROS) to Development Review District (DRD) as proposed by the applicant, Spearfish Creekside, LLC and to approve the concept plan for the villages at Creekside. The motion was seconded by Green and upon vote taken thereon, the motion carried unanimously. 2. REQUEST: HOLD A PUBLIC HEARING FOR PROPOSED CHANGE IN ZONING FROM AGRICULTURE (AG) TO HIGHWAY SERVICE COMMERCIAL (C2); AND, A VARIANCE FROM THE SUBDIVISION CODE REQUIREMENT TO EXTEND WATER AND SEWER TO THE PROPERTY. APPLICANT: Spring Creek, LLC/Jason Ward LOCATION: On Johnson Lane, four hundred feet (400’) east of the intersection of Highway 85 Watson presented an overview of the information conveyed in the staff report. Since the last meeting, property owners within two hundred feet (200’) within city limits have been notified of this request. The Lawrence County Planning and Zoning staff indicated a concern for allowing the entire parcel to be zoned C- 2, citing that the Highway 85 study recommended that there be a transition in land use to lesser intense uses moving east from Highway 85. Two (2) general planning areas were tagged in this study: 1) areas within six hundred sixty feet (660’) of Highway 85 on the east and west sides of the Highway between Kerwin Lane and the county line; and, 2) areas outside six hundred sixty feet (660’). The staff report recommends a development agreement be approved by the city council concurrently with the change in zoning for all or a portion of the property to ensure certain stipulations are met concerning future water and sewer infrastructure and dedicated street rights of way. Jason Ward, representing the applicant, Spring Creek, LLC, appeared in person and would prefer the commission approve the change in zoning for the entire parcel as requested. He also initiated discussion regarding an existing one hundred foot (100’) power line easement on the eastern boundary of the parcel; this and topography on the northern edge of the property making that location a more suitable location for the future north/south collector street. Chairman Bordewyk opened the public hearing at approximately 3:45 p.m. Steve Lesselyoung, a resident of 1025 Johnson Lane, prompted continued discussion about the future street alignments and water/sewer infrastructure systems. Rick Furnish, representing Spring Creek Ranches which is the property to the north, recommended the planning commission conduct a site visit to experience the topographical challenges that will impact the location of future roadways. Hearing no further comments from the audience, Chairman Bordewyk closed the public hearing at approximately 3:57 p.m. Meyer offered a suggestion on page five (5) of the staff report, item 2(e), striking the described location of the sixty six foot (66’) right of way necessary for the north/south future street alignment south of Johnson Lane. Motion was made by Meyer to recommend approval of the change in zoning for the west half of the property from Agriculture (AG) to Highway Service Commercial (C-2); to recommend that the future north/south right of way not be in a specific location, to recommend approval of a variance to the city’s water and sewer requirements based on a hardship imposed by location (distance) to existing water and sewer mains; and, recommend the city council approve a development agreement to ensure the following: a. A private water and sewer service will be installed in the building and extended out from it 30 feet and capped off. b. When water and sewer is installed in Johnson Lane, the property will then tap in and pay tapping fees according to the ordinance in existence at that time. c. No drain fields will be permitted on this property. This will be designed as a closed holding tank type system. d. A sand/oil separator will be required with building construction. e. The final plat shall show a 66 foot right north/south right of way and a 33’ public right of way Page 2 of 3  dedicated along Johnson Lane. No street improvements will be required for either right of way. f. Until a municipal water/sewer system is available, the property cannot be subdivided without an amendment to this development agreement approved by the City Council. The motion was seconded by Zwetzig. Halsey expressed concern with the limit of “six hundred sixty foot (660’) maximum depth for any parcel considered for commercial or industrial development” as recommended in the Highway 85 Corridor Study. Green feels the change in zoning should apply to the entire parcel. Upon roll call vote being taken thereon, the motion passed 3-2 with Meyer, Kruskamp and Zwetzig voting AYE. Halsey and Green voted NO. 3. REQUEST: REQUEST FOR A VARIANCE FROM SUBDIVISION CODE PERTAINING TO WATER AND SEWER REQUIREMENTS APPLICANT: Max and Amber Burgdoerfer LOCATION: Tract C of Ruby Ridge Addition #2 to the City of Spearfish. ACTION: Set public hearing for July 19, 2016 Watson explained that the applicant is requesting a variance from subdivision code requiring water and sewer infrastructure based on a hardship imposed by the need to drill a private well to serve the property while the owners’ intention is to sell this lot. Motion was made by Green and seconded by Halsey to set a public hearing for July 19, 2016 to consider a request by the applicants, Max and Amber Burgdoerfer, for a variance from subdivision code pertaining to water and sewer requirements. Upon vote being taken thereon, the motion carried unanimously. 4. REQUEST: REQUEST FOR CHANGE IN ZONING FROM ONE- & TWO- FAMILY RESIDENTIAL (R2) AND AGRICULTURE (AG) TO DEVELOPMENT REVIEW DISTRICT (DRD). APPLICANT: Lookout Enterprises, LLC LOCATION: Amphitheatre and surrounding parcels ACTION: Set Public Hearing for July 19, 2016. In the absence of the applicant, Rand Williams of Lookout Enterprises, LLC, Watson presented an overview of the information assembled in the staff report. Motion made by Meyer and seconded by Green to set a public hearing for July 19, 2016 to consider a request for a change in zoning from one- & two- family residential (R2) and agriculture (AG) to development review district (DRD). Upon vote being taken thereon, the motion carried unanimously. 5. REQUEST: REQUEST FOR CHANGE IN ZONING FROM AGRICULTURE (AG) TO SINGLE FAMILY RESIDENTIAL (R1). APPLICANT: Horizon Investments, LLC LOCATION: Evans Addition, 258 Evans Lane ACTION: Set Public Hearing for July 19, 2016. Watson provided an overview of the information cited in the staff report. The applicant, Ryan Wordeman, proposes the change in zoning to the north half of the property with the southern half maintaining the agriculture zoning designation. The transportation master plan calls for an east/west connector however, the proposed sixteen (16) acre development is to be served by a cul-de-sac. Staff will recommend a connection to the bike path. Motion was made by Halsey and seconded by Green to set a public hearing for July 19, 2016 to consider a request for a change in zoning from agriculture to one- & two- family residential (R2) and agriculture (AG) to development review district (DRD). Upon vote being taken thereon, the motion carried unanimously. 6. COUNCIL ITEMS UPDATE: None. 7. ADJOURNMENT: There being no further business to come before the commission, the meeting at 4:39 p.m. Page 3 of 3