Planning Commission

MINUTES REGULAR MEETING OF THE Spearfish Planning Commission TUESDAY, OCTOBER 18, 2016 - 3:00 PM The Spearfish Planning Commission met in regular session on Tuesday, October 18, 2016 at 3:00 p.m. in the council chambers of Spearfish City Hall. Members present: Toby Bordewyk, Dan Green, Ken Halsey, Greg Kruskamp (arrived during the course of the meeting), Bob Meyer and Larry Vavruska. Members absent: Barbara Zwetzig. 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: Vavruska moved to approve the minutes of the Planning Commission meeting of September 20, 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. For the record, Halsey disclosed having been contacted by an individual regarding the request for a conditional use permit (CUP) at 2850 Hillsview Road (agenda item #3). As was later determined, this person does not reside in close proximity to the Drentlaw property. For the record, Meyer disclosed he currently rents property located in a light industrial zoning district and a portable storage container is in use on the site (agenda item #1). For the record, Bordewyk disclosed that his personal residence is located on property adjacent to Tract C of McGuigan Ranch Addition and, for this reason, will recuse himself from any involvement during the portion of the meeting concerned with the matter of the proposed multi-phase development (agenda item #2). He asked that Vice Chairman Greg Kruskamp [entered the meeting at this time, 3:02 p.m.], chair the meeting while this matter is concerned. 1. HOLD A PUBLIC HEARING TO CONSIDER A ZONING ORDINANCE TEXT AMENDMENT ADDRESSING PORTABLE STORAGE CONTAINERS. Applicant: City of Spearfish Location: City-wide City Planner Jayna Watson referred to the commission to key changes to the proposed zoning ordinance text based on input at the last meeting and staff outreach to the business community since that time. In addition to the industrial and airport zoning districts, the revised ordinance text will allow permanent and temporary portable storage containers in all commercial zoning districts as long as they comply with building and related code requirements and specific placement restrictions. Permanent placement of this type of container is Page 1 of 6 11/10/2016 1:50 PM  prohibited in RLS-1, AG, all residential zoning districts, central core, DRD and Parks, Rec and Open Space (PROS) districts. Meyer requested staff change the verbiage in Section E, item 1. The commission discussed various options for addressing existing portable storage containers in commercial and industrial zoning districts which do not comply with the proposed new regulations. Green, Halsey, Meyer and Vavruska spoke in support of “choice A”, the most restrictive option, giving property owners a period of time (to be determined by city council) to comply. Bordewyk also spoke in support of “choice A” but feels there will be opportunity for “choice B” particularly when a unit has been in place for 20+ years. The commission discussed portable storage containers in all other non-commercial districts such as one placed temporarily in the Catholic Church parking lot for a period of time earlier this year. All commission members present spoke in support of a moderately restrictive approach to compliance, as described in “choice B”. Bordewyk again suggested special consideration be given to those that units that have been in place for a long period of time. Watson stated efforts are underway to spread the word about the proposed zoning ordinance pertaining to portable storage containers. There was brief discussion as to whether the zoning ordinance should describe an appeals process. At this time, Bordewyk stated the public hearing for this matter has remained open from the meeting on September 20, 2016 and invited the audience to offer testimony. Hearing no comment from the audience, Bordewyk closed the public hearing at 3:34 p.m. Motion was made by Meyer and seconded by Vavruska to recommend approval of a zoning ordinance text amendment addressing portable storage containers as presented. Upon vote taken thereon, the motion carried unanimously. 2. HOLD A PUBLIC HEARING FOR A CHANGE IN ZONING FROM AGRICULTURE TO DRD AND APPROVE A CONCEPT PLAN FOR A MULTI-PHASE DEVELOPMENT. Applicant: ETR, LLC (David & Spencer Rossi) Location: Lot TR.C, McGuigan Ranch Addition At this time, Bordewyk transferred the Chair to Vice Chairman Kruskamp and recused himself from council chambers. The applicant, Spencer Rossi, appearing in person, provided an overview of the proposed multi-phase development which includes single and multi-family lots and a small area for neighborhood business. The overall single family parcel is 45.5 acres of which, 34.7 will be the first phase. The second phase includes apartments and townhouses, 11.0 acres and 3 acres respectively. An RV storage site shown in previous plans has been removed from the northwest corner of the parcel and is now shown only as multi-family. The remaining 4.39 acres of the lot areas will be developed as commercial which is also planned to be built in the first phase. The 9.66 acres of right-of-way serves the development as the neighborhood street network. Watson presented an historical overview of the McGuigan Ranch Addition from the annexation in 2007 to subsequent completion of Phase 1 located on the east side of McGuigan Road; Phase 2 located west of McGuigan Road and portions along Hillsview and Highway 14; and Phase 3, located south of the Higgins Gulch Drainage corridor. This property is located in what the comprehensive plan identifies as the “developing city”. Watson reported there are a number of issues which remain unresolved at this time. The Lawrence County Planning & Zoning Director and Lawrence County Highway Superintendent have expressed concerns over Page 2 of 6 11/10/2016 1:50 PM  sight distances at the existing access onto McGuigan Road which has resulted in changes to the concept plan. They recommend the development be served by a primary paved access off Highway 14 at Green Spot Lane. A previous concept showing access from Tumbleweed Trail has been deemed cost prohibitive due to the steep grades involved. The applicant has agreed to provide a thirty foot (30’) wide vegetation buffer around the north and west parcel boundary for the multi-family parcels. The buffer design will be approved at final plan approval. Watson referred the commission to examples of multi-family and commercial building design themes provided by the applicant meant to reflect a “feel” for their vision of Top Shelf Addition. She concluded her presentation by touching on pedestrian access. Meyer suggested concept plan approval be deferred until the matter of access off of McGuigan Road is resolved as it might impact the proposed commercial land use. Kruskamp concurred. Halsey questioned the proposed street widths. At this time, Watson acknowledged having received four (4) written testimonials which were distributed to the planning commission prior to the meeting and will be shared with city council along with the minutes of this meeting. Chairman Kruskamp opening the public hearing at 4:01 p.m. Brenda Mossett, a resident of 2710 Sapphire Lane which borders the western edge of this proposed development, is of the opinion there are “too many unknowns” with the concept plan as presented. She would like to see a 5-acre buffer zone between the existing homes on the western edge and new home construction. Mossett would like an opportunity to see the covenants that will apply to this development. She requested information on the total number of multi-family apartment buildings anticipated on the 11 acres; whether those will be 1-story or 2-story units and if the applicant anticipates low income units. She also feels the concept plan lacks transition between the larger 7-acre lots and the area designated for multi-family; the concept plan shows no buffer between the 5-acre and 2-acre lots; the plan lacks the open space requirement. Ms. Mossett cited additional concerns with regard to the effect this proposed development will have on her property values, potential for annexation, fears increased traffic volumes and doesn’t want this area “to become another exit 14”. At this time, Watson explained Development Review District (DRD) zoning in detail and concluded by stating that many of Ms. Mossett’s concerns will be addressed in the final plan stage. However, the issue of building heights should be addressed now. The applicant, Spencer Rossi, responded to Ms. Mossett’s concerns and stated the design framework for the multi-family section of Top Shelf Addition mirrors McGuigan Ranch Addition, Phase 1. The lots on Top Shelf Avenue are designed to mirror the lots on Tumble Weed Trail meaning larger, single family lots. Rossi stated she and her husband are not prepared to commit to a building height limit for the multi-family units at this time, believing this is a decision to be made by the future developer of those units. She said the single family residential and townhouse components of the plan will comply with established zoning regulations and building code. She concluded by sharing input from three appraisers regarding the impact multi-family housing has on surrounding property citing The Reserve and Edgewood Vista. Julie Gardner and her husband, Kenny Gardner, are in the process of building a new home on property located at 2325 Highway 14, a 4-acre lot purchased from Wagonbox Development located next to Green Spot Lane and on the northern boundary of Top Shelf Addition. She feels this proposed development is Page 3 of 6 11/10/2016 1:50 PM  inconsistent with the city’s comprehensive plan. Their main concern is with the proposed multi-family units, insufficient buffers and current plans pointing to Green Spot Lane as the primary access to this development. Christy Rodgers, 2810 Sapphire Lane, longtime resident and realtor, submitted written comments prior to the meeting and also read excerpts from her letter at this time. Rodgers owns a 7-acre parcel adjacent to the proposed development. Also citing the city’s comprehensive plan, she feels the proposed Top Shelf Addition “in no way aligns with the goals and strategies in the plan”. She has concerns with the intensity of the current plan and has witnessed a tremendous increase in traffic due to McGuigan Ranch Addition and The Reserve. She has safety concerns with access from McGuigan Road in close proximity to the other two phases of McGuigan Ranch Addition. She fears an entrance as currently proposed from highway 14 would become problematic for existing neighbors. She noted the concept plan lacks pedestrian walkways and bike paths. She requested the applicant be required to submit a more integrated approach to this beautiful piece of land with 2-acre or 5-acre lots bordering the larger acreages and transitioning into single family lots. Deana Bordewyk, a resident of 2525 West Highway 14, concurred that the proposed development is inconsistent with the goals and strategies of the city’s comprehensive plan. A thirty foot (30’) buffer will not adequately separate her home from the multi-family apartment buildings or senior living units. She expressed concern with the additional traffic volumes to be generated with the multi-family housing units. The Bordewyk’s were aware this parcel would be developed at some point, but never expected multi-family apartment buildings might possibly part of the development. She encouraged the applicant to parcel off 3- acre to 5-acre lots along the north and west; transition to half acre lots and then multifamily. Nick Hoffman, Interstate Engineering, has met with the Lawrence County Highway Superintendent and reviewed access on highway 14 on Green Spot Lane and found there to be sufficient sight lines from the east and west to accommodate the traffic volumes anticipated by this development. City Attorney Eric Davis reminded the commission that a public hearing is a conversation between the public and the commission not a question and answer session between the applicant and the public. He reminded those wishing to offer testimony to speak into the microphone and reminded all present of the code of conduct recently adopted by the city council and asked for cooperation. Deana Bordewyk offered the opinion that the land donated as open space by Mr. Jorgensen during the previous application for the townhome development in Phase 3 cannot be considered to meet the ten percent (10%) open space requirement for this new application. At the request of Kruskamp, Watson quoted the DRD zoning ordinance text concerning open space which says: “A minimum total area of ten percent (10%) of the land included in the application shall be comprised of common open space”. Eileen Broadhurst, 2720 Coral Drive, pointed out that the property Mr. Jorgensen donated as open space is floodplain. Dennis Driscoll, 2630 Emerald Court, is of the opinion the matter of access should be resolved before this goes any further. Christy Rodgers, disputed Rossi’s research pertaining to multi-family housing and property values. Based on her experience and knowledge of the trends in Spearfish, the proposed construction of multi-family housing units in Top Shelf Addition will adversely affect the property values of the adjacent rural acreages to the north and west. Brenda Mossett spoke to the open space requirement and interprets the DRD zoning ordinance text to clearly state ten percent (10%) per application. Page 4 of 6 11/10/2016 1:50 PM  Joe Jorgensen stated it was always the intent that the donated 62± acres south of the Higgins Gulch Drainage corridor during Phase 3 would satisfy the open space requirement for the entire subdivision (Phases 1-4). Vavruska, having been on the planning commission at the time, concurred. Discussions are currently underway to consider road design modifications to improve sight lines on McGuigan Road and Jorgensen believes that access from McGuigan Road will eventually happen. Halsey stated there’s no question this property will be developed. He suggested the commission consider the change in zoning from AG to DRD but defer approval of the concept plan. Watson pointed out that the ordinance requires a concept plan which maps out land use arrangements for the proposed development. Halsey stated a concept plan which proposes higher densities next to rural properties chosen for their rural characteristics is a matter that should be addressed on its merits. Green spoke about the benefit of DRD zoning which provides many opportunities for public input. Kruskamp, too, is concerned with approving a concept plan with the matter of access unresolved. Hearing no additional comments from the audience, Vice Chairman Kruskamp closed the public hearing at 4:50 p.m. Discussion commenced regarding the issues of access, the adequacy of a thirty foot (30’) wide landscape buffer, transitioning, and the appropriateness of mixed development in this area. Halsey suggested the applicant consider locating the multi-family apartments and townhouse concept in the middle of the property. Motion was made by Meyer and seconded by Green to recommend approval of the changing in zoning from Agriculture (AG) to Development Review District (DRD) and approve the concept plan with the following to be included in a development agreement to be approved by the council: 1) A minimum 30 foot wide landscape buffer will be provided between the adjoining properties to the north and west at the multi-family parcels. 2) Buildings in the multi-family and commercial parcels will generally reflect the architectural theme/character and narrative submitted by the applicant (page 12 and 13 of the staff report) 3) Green Spot Lane will be built in the same phase as Suntory Avenue extended to the west of Green Spot Lane. 4) Pedestrian connections between Top Shelf, Talisker, and Suntory Avenues will be provided according to the city’s subdivision ordinance section 15A-91 since the blocks are longer than 800 feet. 5) A paved trail will be provided to the McGuigan right of way and on to Tumbleweed Trail. Final width and surface will be determined at the time of preliminary plat. Timing of construction to be included with Top Shelf Avenue. Hearing no further discussion, the motion carried with Halsey voting No. Bordewyk was summoned back to council chambers and Kruskamp relinquished the Chair at this point. 3. A REQUEST FOR A CONDITIONAL USE PERMIT (CUP) FOR CONSTRUCTION OF AN ACCESSORY STRUCTURE (SHOP/GARAGE) PRIOR TO PRIMARY RESIDENCE. Applicant: Michael and Brooke Drentlaw Location: 2850 Hillsview Road, TIF #3, Lot 4, Block 7 City Planner Jayna Watson informed the commission that two adjacent property owners contacted her with questions about the project. Staff recommends the building be located approximately sixty feet (60’) south of where the applicants propose in order for it to be near a similar building on adjacent property to the west. Additionally, staff recommends the construction of the primary structure by October 18, 2018. Following Page 5 of 6 11/10/2016 1:50 PM  review of the CUP criteria, Mr. Drentlaw explained topography is the main consideration for preferring the original location of the structure. Chairman Bordewyk opened the public hearing at 5:10 p.m. Hearing no comments from the audience, Bordewyk closed the public hearing at 5:11 p.m. Motion was made by Halsey and seconded by Green to approve a Conditional Use Permit (CUP) for construction of an accessory structure (shop/garage) prior to a primary residence for the applicants, Michael and Brooke Drentlaw, on the location originally proposed by the applicant on property located at 2850 Hillsview Road in accordance with the findings and conditions of approval on page thirteen (13) of the staff report. 4. CITY COUNCIL UPDATE Watson provided a brief report on recent matters before the city council. 5. ADJOURNMENT: There being no further business to come before the commission, to adjourn the meeting at 5:22 p.m. Page 6 of 6 11/10/2016 1:50 PM