Planning Commission

MINUTES REGULAR MEETING OF THE Spearfish Planning Commission TUESDAY, AUGUST 16, 2016 - 3:00 PM The Spearfish Planning Commission met in regular session on Tuesday, August 16, 2016 at 3:00 p.m. in the council chambers of Spearfish City Hall. Members present: Toby Bordewyk, Ken Halsey, Greg Kruskamp, Bob Meyer, and Barbara Zwetzig. Members Absent: Dan Green 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: Halsey moved to approve the minutes of the Planning Commission meeting of August 2, 2016 as presented. The motion was seconded by Meyer 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 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 City Planner Jayna Watson presented a detailed summary of the major changes proposed to Appendix A, Zoning, Article IV, District Regulations, Sections 2, 3 and 4 and Article VI, Section 3 of the Revised Ordinances for the City of Spearfish pertaining to uses eligible for Conditional Use Permits and Criteria. Proposed updates which are intended to clarify the Evaluation Criteria found in Article VI, Section 3, Subsection C were reviewed favorably. The commission subsequently reviewed the proposed updates to the specified land use lists eligible to apply for a CUP in individual zoning district ordinance text for single-family residential (R1), one- and two-family residential (R-2); and multi-family residential (R-3). State law requires that municipalities enumerate each category of conditional use as has already been accomplished for the Large Lot Residential and Ag zoning districts. Language referring to the term “use permitted on review” will be replaced with “conditional use permit” throughout the ordinances. Watson stated the individual use lists for R1, R2 and R3 are based largely on uses previously permitted. Kruskamp questioned whether “group home” is defined within the existing ordinance. He also observed that all of the seventeen (17) items listed are obvious uses with the exception of number thirteen (13) worded as “pole-style construction for accessory uses”. Following discussion, number thirteen (13) will be deleted from the land use lists in Sections 2 (R1), 3 (R-2) and 4 (R-3). Subsection B, Uses Permitted, will be revised as follows: “Accessory uses of pole type constructed using alternate building methods may be allowed providing the exterior is aesthetically similar in texture and appearance to the exterior of the dwelling.” Kruskamp is of the Page 1 of 3 9/1/2016 9:53 AM  opinion that item sixteen (16), listed as “second dwelling unit” needs further definition as it can be construed to mean the construction of an additional detached structure on the property as opposed to a basement apartment. Watson informed the commission that use number five (5), described as “fraternity or sorority house”, on the land use lists eligible to apply for a CUP in the R1 and R-2 zoning districts, is certain to be discussed at the council level. The commission reviewed Section 3, One- and Two-Family Residential (R-2) wherein the following revisions to Section A, General description were proposed: “This is a residential district to provide for medium population density. The principal uses of land are for single-family detached and two-family attached dwellings. Recreational, religious, educational facilities and other related uses in keeping with the residential character of the district may be permitted on review by the city council. Any reference to the verbiage permitting “other compatible uses” will be deleted throughout. [City Attorney Eric Davis entered the meeting at this time, 3:58 p.m.]. Halsey expressed concern with lists restricting what can be done in single family residential zoning districts, noting that property ownership is a privilege and people should have the right to do as they wish with their property. The commission spent a considerable time discussing pole-type construction and accessory structures. Upon reviewing the definitions cited in Appendix A of the Revised Ordinances, Section II, it was noted accessory use is defined but accessory building is not. Watson concurred there is work to be done on the definitions section. Meyer is of the opinion a use by right should involve an accessory structure aesthetically similar to the primary use structure and not greater in size than a certain percentage of the footprint. Discussion concluded with the commission directing Watson to draft ordinance text to regulate the size of accessory structures allowed to a square footage not to exceed a certain percentage of the size of the primary structure. Watson proceeded with review of each proposed list of land uses permitted in R2 and R3 zoning districts. Meyer initiated discussion on the rental of rooms to college students in R1 primarily and whether this use is allowed by right or by permitted use. At approximately 4:17 pm, Chairman Bordewyk opened the public hearing. Ron Reagles, a resident of Sandstone Addition, described a vacation rental home business currently in operation in the vicinity of his home. He attended this meeting on behalf of several homeowners in the area upset with what he described as a hotel with frequent rentals throughout the year. Watson agreed to meet with Mr. Reagles to discuss this matter. Sharon Capp, a resident of 1104 West Jackson, presented a request for a conditional use permit to rent an existing basement apartment in their home located in an R1 district. She and her husband lived in the basement for over two years while the home was under construction in 1967. She questioned whether the kitchen facilities in the basement would have to be removed in order to comply with city ordinance. She was advised to meet with City Planner Watson regarding the matter. Hearing no further comments from the audience, Chairman Bordewyk announced this public hearing shall remain open until the next meeting pending further review. Chairman Bordewyk made note of the fact that other matters not pertaining directly to the Conditional Use Permit ordinance text were heard at today’s public hearing and questioned the wording of the notice for hearing. Page 2 of 3 9/1/2016 9:53 AM CITY COUNCIL UPDATE Watson reported that at last night’s city council meeting, there was extensive discussion regarding the request for a change in zoning from Agriculture (AG) to Single Family Residential (R1) for the Runnings property located at 258 Evans in Evans Addition. ADJOURNMENT: There being no further business to come before the commission, Bordewyk adjourned the meeting at 4:39 p.m. Page 3 of 3 9/1/2016 9:53 AM