Planning Commission

MINUTES REGULAR MEETING OF THE Spearfish Planning Commission TUESDAY, SEPTEMBER 20, 2016 - 3:00 PM The Spearfish Planning Commission met in regular session on Tuesday, September 20, 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, City Attorney Eric Davis arrived during the course of the meeting and Planning Intern Shabnam Khan. Chairman Bordewyk called the meeting to order at 3:00 p.m. APPROVAL OF MINUTES: Vavruska moved to approve the minutes of the Planning Commission meeting of September 6, 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. Bob Meyer declared a potential conflict of interest and will recuse himself from any discussion and/or action taken relative to portable storage containers (agenda item #2). Bordewyk noted for the record that his personal residence is located on property adjacent to that on which a multi-phase development is proposed in McGuigan Ranch Addition, (agenda item #3). 1. HOLD A PUBLIC HEARING TO CONSIDER VOLUNTARY ANNEXATION AND REZONING FROM COUNTY AGRICULTURE (AG) TO DEVELOPMENT REVIEW DISTRICT (DRD). Applicant: Ward Development Location: Lot DP of the SW¼SW¼ of Section 28, T7N, R2E, Lawrence County, SD City Planner Jayna Watson explained that when The Reserve was annexed into the city of Spearfish in 2007 and rezoned Development Review District (DRD), that parcel on which the detention pond is located was not included in the annexation because FEMA had not yet approved the location for the detention basin. FEMA has since approved the site on which the detention pond is located. The city requires that the basin be annexed prior to being dedicated to the City for ownership and maintenance. At approximately 3:02 p.m., Chairman Bordewyk opened the public hearing. Upon hearing no comment from the audience, Bordewyk closed the public hearing at 3:03 p.m. Vavruska moved to recommend approval of the voluntary annexation and change in zoning from county agriculture (AG) to Development Review District (DRD) for Lot DP of the SW¼SW¼ of Section 28. The motion was seconded by Meyer and carried unanimously. 2. HOLD A PUBLIC HEARING TO CONSIDER A ZONING ORDINANCE TEXT AMENDMENT ADDRESSING PORTABLE STORAGE CONTAINERS. Applicant: City of Spearfish Location: City-wide [For the record, Bob Meyer removed himself from the dais and was seated in the audience at this time.] Page 1 of 3 9/30/2016 9:43 AM  Planning Intern Shabnam Kahn reported that municipalities are finding it necessary to regulate certain aspects pertaining to the use of temporary storage units which is becoming more prevalent in commercial and residential neighborhoods in the Spearfish community. Staff requested input on preliminary zoning ordinance text which will allow portable storage containers in all zoning districts temporarily with certain restrictions, with the exception of the industrial and airport districts in which they may be placed permanently with the stipulation they comply with setback and height restrictions [City Attorney Eric Davis entered the meeting at this time, approximately 3:08 p.m.] The proposed ordinance depicts the length of time a temporary storage unit is permitted under various circumstances; the type of units and number of units allowed; and lists provisions regarding setbacks and height. Having reviewed what is being done in other communities, staff proposes that persons found in violation of the ordinance be charged with a Class 2 Misdemeanor offense punishable with a fine of $500 per day. Halsey pointed out an editorial mistake where the word “provide” is used to describe property instead of “private” property on page two (2) of the staff report under provisions, item number four (#4). He also feels the penalty seems “quite extreme”. Hearing no further comments from the commission, Chairman Bordewyk opened the public hearing at approximately 3:14 p.m. Bob Lockner, a resident of Spearfish who owns property at 305 Seaton Circle, prompted further review and discussion of the definition of portable storage container. He feels shipping containers, semitrailers and roll- off dumpsters could all be governed by this ordinance. He has knowledge of one semitrailer that has been permanently parked on a site for over ten (10) years. Hearing no further comments from audience, Bordewyk closed the public hearing at approximately 3:23 p.m. Regarding portable storage containers already in place throughout the community, staff recommends the property owners be notified of the pending regulations and be given ninety (90) days to comply. Vavruska stated if there are semitrailers being utilized for storage throughout the community, now is the time to address those, too. There was a general consensus that all enclosed storage containers should be regulated by this ordinance, whether on wheels, an axle, or not. Those present agreed more work needs to be done on the definition. At this time, Bordewyk reopened the public hearing and declared it shall remain open to the next regular Planning Commission meeting scheduled for October 4, 2016 pending further review of the proposed ordinance text. [For the record, Bob Meyer returned to his seat at the dais at this time.] 3. SET A PUBLIC HEARING FOR A CHANGE IN ZONING FROM AGRICULTURE (AG) TO DEVELOPMENT REVIEW DISTRICT (DRD) AND APPROVE A CONCEPT PLAN FOR A MULTI-PHASE DEVELOPMENT Applicant: ETR, LLC (David & Spencer Rossi) Location: Lot TR.C, McGuigan Ranch Addition City Planner Jayna Watson introduced Spencer Rossi, who, along with her husband, David, recently acquired this 75± acre parcel located in McGuigan Ranch Addition. She presented a descriptive overview of the proposed multiphase development which Ms. Rossi referred to as Top Shelf Addition. Watson summarized the information in the staff report. Prior to the public hearing, she intends to revise the section relevant to the various phases at McGuigan Ranch Addition as there is some confusion. Additional dialogue with the developer will occur on a couple of issues. Unscreened outside storage is a prohibited use in the DRD zoning district and the preliminary plan shows an area in the northwest portion of the parcel set aside for that purpose. A minimum total area of ten percent (10%) of the land included in the application shall be comprised of common open space which, according to Watson, has been established. Yet to be resolved is the matter of a secondary year-round emergency access and pedestrian connectivity. Property owners Page 2 of 3 9/30/2016 9:43 AM  within 140 feet of this parcel will be notified of the public hearing as well as those immediately adjacent to the parcel. The Lawrence County Planning and Zoning Director will be also contacted to provide comment. At the next meeting, Meyer requested staff provide an outline which separates the issues to be addressed during the change in zoning process and the issues to be addressed during the preliminary plat and final plan process. Motion was made by Vavruska, seconded by Green and carried unanimously to set a public hearing for Tuesday, October 4, 2016 to consider voluntary annexation and a change in zoning from county agriculture (AG) to Development Review District (DRD) and approve a concept plan for a multi-phase development on property located on Tract C, McGuigan Ranch Addition, as proposed by ETR, LLC (David & Spencer Rossi), acknowledging there is ongoing dialogue with the applicant on various issues. CITY COUNCIL UPDATE Several citizens living along Maitland Road addressed the city council at the meeting last night (September 19, 2016) regarding paving a stretch of Maitland Road. Mayor Boke requested to be on the next planning commission meeting agenda to present information about a Code of Ethics and Conduct for Elected and Appointed Officials. Watson distributed information pertaining to the upcoming South Dakota Planners Association (SDPA) Conference scheduled for October 26-27, 2016 in Sioux Falls and invited the planning commission to attend. 4. ADJOURNMENT: There being no further business to come before the commission, Bordewyk adjourned the meeting at 3:50 p.m. Page 3 of 3 9/30/2016 9:43 AM