Planning Commission

MINUTES REGULAR MEETING OF THE Spearfish Planning Commission TUESDAY, JULY 19, 2016 - 3:00 PM The Spearfish Planning Commission met in regular session on Tuesday, July 19, 2016 at 3:00 p.m. in the council chambers of Spearfish City Hall. Members present: Toby Bordewyk, Dan Green, Ken Halsey, Bob Meyer, Larry Vavruska and Barbara Zwetzig. Members Absent: Greg Kruskamp. 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: Meyer moved to approve the minutes of the Planning Commission meeting of July 5, 2016 with the following corrections: Page one (1), paragraph one (1) will be corrected to indicate City Attorney Eric Davis was in attendance; and page three (3) paragraph three (3) will be corrected to state “Halsey expressed concern with the limit of exceeding the “six hundred sixty foot (660’) maximum depth for any parcel considered for commercial or industrial development”. The motion was seconded by Vavruska and, upon vote taken thereon, passed unanimously. DECLARATION OF CONFLICTS OF INTEREST: Bordewyk asked for any potential conflicts of interest to be identified. None were declared. 1. HOLD PUBLIC HEARING 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. City Planner Jayna Watson summarized the information conveyed in the staff report. The applicants, Max and Amber Burgdoerfer, intend to divide this 10-acre parcel into two (2) lots and request a variance to subdivision code requirements eliminating the water system and sewer system requirements. Staff review concludes this variance is justified due to the presence of hardship based on the following issues: a) the property is elevated higher than what can be served by the City’s water system; and b) bedrock outcroppings and the lack of any existing utility corridors make sewer extension from this area into the existing city limits unlikely. Property owners within 200’ have been notified of the request. One person requested information regarding the number of lots planned. The neighbor to the south has indicated continued concern for how the private maintenance of the section line easement will be managed. Chairman Bordewyk opened the public hearing at approximately 3:11 p.m. Hearing no comments from the audience, Bordewyk closed the public hearing at approximately 3:12 p.m. Motion was made by Green and seconded by Halsey, to recommend approval of the request for a variance from subdivision code requirements pertaining to the installation of water and sewer systems for Max and Amber Burgdoerfer, owners of the property located in Tract C of Ruby Ridge Addition #2, with the stipulation that the applicant enter into a development agreement that states: 1) A maximum of two lots shall be created from the original Tract C. 2) The applicant understands that there will be no city garbage pick-up provided for the two lots, nor will there be snow removal on Hill Street. 3) Onsite waste water systems shall be designed by a registered civil engineer, and shall be designed according to the soil and exposed bedrock conditions. 4) Individual or shared water wells are permitted. 5) The applicant shall either improve new unpaved access to the two lots using the section line easement or reach an agreement with Page 1 of 4 7/29/2016 4:20 PM  the adjoining land owner(s) for legal access on the existing roadway. There being no further discussion, upon vote taken thereon, the motion passed unanimously. 2. HOLD PUBLIC HEARING 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 Watson informed the commission that the applicant has submitted a concept plan which illustrates various land uses including the amphitheater; parking and monument sites; areas of common open space; multi-family residential at the north end of the site and south of the amphitheater; a campground at the sound end of the site and at the intersection of Meier Avenue and Grant Street which is where a seasonal worker’s recreational vehicle is currently parked; and, duplex residential along St. Joe Street. Watson stated property owners within 200 feet have been notified however staff recently became aware of a cluster of parcels that were omitted and, thus, not properly notified of the public hearing. Watson requested the public hearing remain open until the next meeting, scheduled for Tuesday, August 2, 2016, to allow staff time to remedy this omission. She reported several phone calls have been received from nearby property owners however no specific concerns have been indicated at this time. Staff recommends the completion of an infrastructure master plan to address utilities, street improvements, and drainage issues prior to development of individual building sites. The applicant, Rand Williams, representing Lookout Enterprises, LLC, appearing in person, described his vision for future improvements to the amphitheater and surrounding properties which will result in a mix of uses on the properties. Zwetzig requested an estimated timeframe for completing the various amenities planned for the site, specifically the amphitheater/entertainment facility renovation and completion of the campground facility. Bordewyk requested the applicant provide more information on the educational component. Meyer requested a more detailed explanation as to which aspects of the “Medora model” and the “Red Rocks model” will be blended into the entertainment at the amphitheater at the public hearing on August 2nd. Chairman Bordewyk opened the public hearing at 3:40pm.  Don Richards, resident of 630 St. Joseph Street, asked what, if any, street improvement projects are slated to expand Meier Avenue and/or St. Joe Street to accommodate additional volumes of traffic.  Johanna Della Vecchia, former owner of the property, spoke in support of continued use of the amphitheater. However, when property was sold, it was “emphatically clear” that the property located to the south, [the site of the proposed campground], was to remain open space. She also expressed concern with allowing a campground close to the surrounding wooded areas. She requested the change in zoning request be delayed, until Mr. Williams can provide “concrete plans”.  Karen Ferrell, a resident of 621 Duke Lane, questioned whether any of the property is located in the floodplain and expressed concerns with drainage in the area. She also worries about the noise that might be generated from the entertainment facility and campground. Lastly, she questioned what, if any, street improvements might be necessary on Ames Avenue if development would occur as planned.  Scott Stewart, a resident of 245 Meier Avenue, spoke against allowing a recreational vehicle to park on Meier Avenue across the street from Brady Park. He also questioned which street(s) will serve as the entrance and exit to the campground and requested measures be taken to limit unnecessary traffic on Meier Avenue, specifically near the Kirk townhouses and the Meier residence. He also shared concerns about the proposed monument.  Randy Diebert, who resides at 1750 Scott Avenue, asked whether property owners, specifically those west of Ames Street, would be assessed for a share of future street improvement costs.  Dan Murray, a resident of 526 N. 3rd Street, requested the change in zoning be approved contingent upon existing water and sewer infrastructure meeting the needs of the proposed development.  Rosalie Aslesen, a resident of 1810 St. Joe Street, feels putting a campground next to a pasture of cattle is a bad idea. Page 2 of 4 7/29/2016 4:20 PM   Sarah Pfefferle, who resides in a townhouse at 236 St. Joe Street, expressed concern with drainage and runoff from the parking lot which flows off the “extraordinarily steep” hillside behind her home. There is a considerable drainage system in place to serve the townhouses on St. Joe Street. She also expressed concern with increased traffic on Ames Street and fears the quality of life for residents along this part of St. Joe Street will change dramatically if the proposed land uses are allowed. She also cited concerns with the potential for neighborhood noise due to entertainment at the amphitheater and the proposed campground. She concluded by asking if the monument would be lit. Hearing no additional comments from the audience, at 4:19 p.m. Chairman Bordewyk declared the public hearing continued to the Planning Commission meeting on August 2, 2016. 3. HOLD PUBLIC HEARING FOR CHANGE IN ZONING FROM AGRICULTURE (AG) TO SINGLE FAMILY RESIDENTIAL (R1). Applicant: Horizon Investments, LLC Location: Evans Addition, 258 Evans Lane If approved, the proposed change in zoning will result in the development of sixteen (16) single family residential home sites on the north half of a 15-acre property known as Runnings field located just south of Custer Street in Evans Addition. The homes will be served by a single cul-de-sac off Evans Lane, however, Watson stated a second access might be considered. The remaining eight (8) acres to the south will be held as one lot with one residence on it. The applicant will be required to address methods for storm water detention and drainage in addition to flood control measures for the Evans-Tonn irrigation ditch located on site. Discussions are ongoing regarding suitable locations for connecting to the recreation path on Evans Lane and the path along Spearfish Creek, fulfilling a strategy recommended in the city’s comprehensive plan. Ryan Wordeman, the applicant, appearing in person, indicated he will attend the next Spearfish Parks, Recreation, & Forestry Advisory Board (SPRFAB) meeting on July 21st and participate in discussions for rec path ties. He also intends to work through all the engineering concerns as the project proceeds through the planning and development stage, as he has done in the past. Responding to a question by Zwetzig, Wordeman explained his objection to option A for a trail or path connection from Evans Lane to the Rec Path (as shown in the staff report) for one of three proposed locations that staff has recommended be considered for the path linkages, which appears to be in the future backyard of his personal residence. He reported having spoken with a number of potential buyers of these lots who do not support a bike path in their backyard. Chairman Bordewyk opened the public hearing at 4:32 p.m.  Julie Maas, a resident of 521 Custer Street, questioned the number and size of individual lots proposed and future opportunities for public input.  Jason Tysdal, 509 Custer Street, asked to see an existing “city-required detention basin” and was directed accordingly.  Randy Deibert, resident of 1715 Scott Avenue and chairman of the SPRFAB asked for direction regarding constructing a public recreation path on private property if the location is not included in the area being considered for a change in zoning. He also spoke in a professional capacity regarding a variety of drainage basin design options.  Roger Whorton, who resides at 517 Custer Street, questioned the need for additional links to the recreational path particularly that referred to as option C, 2nd Street to Custer Street. Fran Whorton voiced concern about the effect the proposed development will have on the values of existing properties on Custer Street and whether there are plans to finish 2nd Street to provide a second access to the north end of the property.  Pat Rogge, resident of 513 Custer Street, asked if city ordinance stipulates a residence has to be constructed on a recently acquired property within a certain time period. Page 3 of 4 7/29/2016 4:20 PM   Barbara Running, resident of 1405 Lookout Valley Court and former owner of the Evans Lane property, spoke in support of Wordeman’s proposal. Hearing no further comment from the audience, Chairman Bordewyk closed the public hearing at approximately 4:55 p.m. Regarding linking to the rec path, City Attorney Eric Davis stated the issues before the commission are 1) is a connection appropriate? and 2) if so, where? Green is of the opinion there are sufficient options in this area to connect to the rec path. Motion was made by Green, seconded by Vavruska, to recommend approval of the request for a change in zoning from Agriculture (AG) to Single Family Residential (R1) for property located at 258 Evans Lane, more familiarly known as Runnings field, as requested by the applicant, Horizon Investments, LLC, with the following recommendations: 1) A corridor for a recreation path should be evaluated by the Spearfish Parks Recreation and Forestry Advisory Board, and 2) Issues associated with drainage, access, utilities, etc. be reviewed by City Engineering. There being no further discussion, upon vote taken thereon, the motion passed unanimously. E. CITY COUNCIL UPDATE. Watson reported the city council recently authorized the recruitment of an Assistant Fire Chief and hiring of an administrative assistant. At this time, Watson introduced Planning Intern, Shabnam Khan, who is employed with the city of Spearfish over the summer. F. ADJOURNMENT. There being no further business, the meeting was adjourned at 5:07 p.m. Page 4 of 4 7/29/2016 4:20 PM