Planning Commission

MINUTES REGULAR MEETING OF THE Spearfish Planning Commission TUESDAY, AUGUST 2, 2016 - 3:00 PM The Spearfish Planning Commission met in regular session on Tuesday, August 2, 2016 at 3:00 p.m. in the council chambers of Spearfish City Hall. Members present: Toby Bordewyk, Dan Green, Ken Halsey, Bob Meyer, and Barbara Zwetzig. Members Absent: Greg Kruskamp and 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. APPROVAL OF MINUTES: Meyer moved to approve the minutes of the Planning Commission meeting of July 19, 2016 as presented. The motion was seconded by Halsey and passed unanimously. DECLARATION OF CONFLICTS OF INTEREST: Bordewyk asked for any potential conflicts of interest to be identified. None were declared. 1. REQUEST: CONTINUE 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 City Planner Jayna Watson reminded the commission of the significant testimony heard at the public hearing for this item which opened at the Planning Commission meeting on July 19th and will continue today. The primary concerns voiced by residents at that meeting pertained to drainage and storm water runoff, utility infrastructure, increased traffic volumes on Ames Street and Meier Avenue, and the perceived need for buffers to protect the existing neighborhood from noise emanating from amphitheater events. Staff recommends completion of an Infrastructure Master Plan before development takes place to address utilities, street improvements and drainage issues. Watson reported that the development of this property will certainly result in changes in traffic and general activity levels, the effects of which can be mitigated but not removed completely. She also noted the revitalization of the amphitheater “as a major Black Hills attraction” is identified in the City’s Comprehensive Plan in the Economic Development Strategies section [see item six (6) on page twenty two (22)]. Should the Planning Commission recommend approval of the request for a change in zoning and concept plan, staff recommends that a development agreement be entered into which outlines additional responsibilities and planning activities to be accomplished to address traffic, noise and general development issues the might arise. Preliminary terms of the development agreement were included in the staff report. Additionally, when all improvements have been completed to the amphitheater and building code violations corrected and prior to the first event, the applicant shall submit an Operations Plan which will specify hours of operation, an event traffic management plan, and written protocol to address resolution of neighborhood complaints due to amphitheater events. Zwetzig recommended receipt of a plan of operation business plan prior to the issuance of any building permit. Meyer inquired of the timeframe for reviewing more specific details about the campground, and asked whether it would be appropriate to request an operations plan for the campground. Green is of the opinion the applicant will face a number of Page 1 of 3 8/12/2016 1:48 PM  challenges as this moves forward and feels requesting an operations plan for the campground is “putting the cart before the horse”. Recommendations The applicant, Rand Williams, appearing in person, professed his intention to preserve the amphitheater, perhaps incorporating some history of Spearfish, the Thoen Stone and Passion Play while doing so. At approximately 3:48 pm, Chairman Bordewyk opened the public hearing.  Johanna Della Vecchia, asked hypothetical questions to which Watson responded with general information regarding the process.  Perry Hanson, a resident of 609 Duke Lane, wants to know if the applicant/developer will be financially responsible for street improvements, curb and gutter, etc. or if the costs will be assessed to property owners.  Mark Weber, a resident of 229 St. Joe Street, is not opposed to the proposed change in zoning. He just wants assurance that most people will favor what Williams does with this unique property.  Barbara Heying, a resident of 10739 Victoria Lane, encouraged Williams to get community support at ground level much like Joseph Meier did. Hearing no further comments from the audience, Chairman Bordewyk closed the public hearing at approximately 3:56 p.m. Meyer initiated discussion about the proper time to establish easements for future trail linkages to Tinton Trail. Bordewyk questioned the proper time for submittal of the completed Infrastructure Master Plan to the city engineer for review and approval. There being no further discussion, motion was made by Meyer and seconded by Green to recommend approval of the change in zoning and concept plan including the following recommendations that will be made part of a development agreement: 1) Prior to application for a building permit for any new uses, the applicant shall submit an infrastructure master plan to the City Engineer for review and approval. The issues to be addressed in the plan will be upgrades/extensions of the sewer system, water system, site parking and access (including Ames Avenue, St. Joe Street, Thoen Stone Road, and the private driveway off Meier Avenue) and storm-water management. The parties responsible for constructing these improvements will also be identified in the plan. 2) A public trail easement providing a connection from Thoen Stone Road to Meier Avenue shall be required when development occurs on Lot 37B or Lot 38A. The chosen alignment shall be based on the recommendation of the Spearfish Parks, Recreation and Forestry Advisory Board (SPRFAB) to the City Council. 3) The wooded hillside east of the amphitheater and along the east property line shall be maintained as an open space buffer. 4) A landscape buffer having a minimum width of 35 feet shall be provided along the east property lines of the Multi Family 3.6 acre parcel and at the campground 14.5 acre parcel. A plan for trees, shrubs, and fencing shall be submitted to the Planning Commission and City Council for approval at the same time the plans for buildings and site design is provided. 5) A plan of operation for the Amphitheater revitalization shall be submitted to the City Council for review and approval prior to issuance of any building permit. The plan shall include hours of operation, event traffic management, and a protocol or method to resolve neighborhood complaints related to amphitheater events. Hearing no further discussion, upon vote taken thereon, the motion carried unanimously. Page 2 of 3 8/12/2016 1:48 PM  Watson announced that the public hearing before the city council will be Tuesday, September 6, 2016 at 5:30 p.m. in the council chambers. 2. REQUEST: SET PUBLIC HEARING TO CONSIDER REVISIONS TO THE USES ELIGIBLE FOR A CONDITIONAL USE PERMIT (CUP) IN INDIVIDUAL RESIDENTIAL ZONING DISTRICT ORDINANCE TEXT; REVISE THE CUP CRITERIA APPLICANT: City of Spearfish LOCATION: City-wide Watson summarized the proposed revisions to the Uses Eligible for a Conditional Use Permit (CUP) in individual residential zoning district ordinance text and revisions to the CUP criteria. Staff has considered utilizing a table format as suggested, but decided not to implement this change at this time as it would be inconsistent with formatting in other zoning ordinance text. Additionally, staff opted to defer text revisions aimed at simplifying the definitions at this time as these terms are referred throughout the zoning ordinance text. Meyer suggested a number of additional changes and deletions to the proposed amended ordinance text. Motion was made by Zwetzig, seconded by Halsey and carried unanimously to set a public hearing for Tuesday, August 16, 2016 to consider revisions to the Uses Eligible for a Conditional Use Permit (CUP) in individual zoning district ordinance text and revisions to the CUP criteria. CITY COUNCIL UPDATE Watson reported that last night, the city council concurred with the Planning Commission recommendation and approved the change of zoning from Agriculture (AG) to Highway Service Commercial (C-2) for the western half of a 10-acre (+/-) parcel located east of the Southeast corner of Johnson Lane and Highway 85. The public hearing for the change in zoning from Agriculture (AG) to Single Family Residential (R1) for the Runnings property located at 258 Evans in Evans Addition, is scheduled for the city council meeting on Monday, August 15th. For planning purposes, the Spearfish Parks, Recreation and Forestry Advisory Board (SPRFAB) prioritized the options for extending trail access from Evans Lane to the Creekside pathway with option A being the preferred route. Watson stated the city council approved the change in zoning from Agriculture (AG) and Parks, Recreation and Open Space (PROS) to Development Review District (DRD) for Lot 1R Block 3 and on Block 4R-1 in the Della Vecchia Addition as requested by for Creekside, LLC. Watson concluded her report by stating Planning & Zoning also prepared two encroachment agreements for council consideration and subsequent approval. 4. ADJOURNMENT: There being no further business to come before the commission, Bordewyk adjourned the meeting at 4:20 p.m. Page 3 of 3 8/12/2016 1:48 PM