Planning Commission

MINUTES REGULAR MEETING OF THE Spearfish Planning Commission TUESDAY, DECEMBER 20, 2016 - 3:00 PM The Spearfish Planning Commission met in regular session on Tuesday, December 20, 2016 at 3:00 p.m. in the council chambers of Spearfish City Hall. Members present: Toby Bordewyk, Dan Green, Ken Halsey, Greg Kruskamp, Bob Meyer, Larry Vavruska and Barbara Zwetzig. Members absent: None. Also present: City Planner Jayna Watson and City Attorney Eric Davis. The meeting was called to order by Chairman Bordewyk at 3:00 p.m. APPROVAL OF MINUTES: Vavruska moved to approve the minutes of the Planning Commission meeting of December 6, 2016 as presented. The motion was seconded by Kruskamp. Meyer turned attention to the second sentence of the third paragraph of the minutes under agenda item #1, a request change in zoning request by ETR, LLC (David and Spencer Rossi) and offered the following clarification. He was not questioning subdivision regulations pertaining to on-street parking but rather questioning information pertaining to parking presented in two different locations in the booklet prepared by Interstate Engineering for Top Shelf Development dated December 2016. Hearing no further discussion, upon vote being taken thereon, the motion passed unanimously. DECLARATION OF CONFLICTS OF INTEREST: Bordewyk asked for any potential conflicts of interest to be identified. Consistent with his actions at recent meetings, Bordewyk noted for the record that his personal residence is located on property adjacent to Tract C of McGuigan Ranch Addition, and for this reason, will recuse himself from the meeting while this matter is discussed. Vice Chairman Greg Kruskamp will chair the meeting at this time. 1. REVIEW CITIZENS’ GUIDE TO PUBLIC HEARINGS, AND RESOLUTION 2016-31 RULES OF PROCEDURE FOR PUBLIC HEARINGS. City Attorney Eric Davis provided an overview of the newly adopted policy concerning the city’s public hearing procedure and directed the commission’s attention to Resolution 2016-31 entitled A Resolution Adopting Rules of Procedure for Conducting and Participating in Public Hearings, adopted by the city council on November 21, 2016. To educate the public on these matters, a “Citizens’ Guide to Public Hearings” has been created which provides information specific to the public hearing format and important instructions for those who desire to offer testimony. Copies of this handout will be available on the podium in the council chambers when public hearings are slated on a meeting agenda. City Planner Jayna Watson presented a brief overview of the Citizens’ Guide and the sign-up sheet implemented which will determine the speaking order of those wishing to provide testimony and to assist in accurate public record of the identity of speakers. Davis also pointed out the podium itself has been relocated closer to the dais to emphasize the dialogue occurs between the speaker and the governing body. Kruskamp requested there be some flexibility which will allow the meeting chairperson to make minor deviations when circumstances dictate. This item required no action by the Planning Commission. At this time, Bordewyk recused himself from the meeting. Vice Chairman Kruskamp took the chair at 3:16 p.m. Page 1 of 4 12/30/2016 2:19 PM 2. CONSIDER A REQUEST FOR A CHANGE IN ZONING FROM AGRICULTURE (AG) TO SINGLE FAMILY RESIDENTIAL (R-1) AND PRELIMINARY PLAT APPROVAL. Applicant: ETR, LLC (David and Spencer Rossi) Location: A portion of Tract C of the McGuigan Ranch Addition City Planner Jayna Watson presented an overview of the information provided in her staff report. If approved, this will result in the creation of 91 single family lots on a 58 acre parcel. A 15.5 acre parcel will remain zoned as agriculture and is not included in this request. A minor correction will be made to the preliminary plat concerning the street frontage required for Lot 1, Block 6; the applicant will revise the right-of-way in this location to clearly provide access to this lot. Watson elaborated on excerpts from the Lawrence County Comprehensive Plan and factors which guided the decision making on the property at the time of annexation. She also presented detailed analysis of applicable strategies from the Land Use Section and Transportation Section of the City’s Comprehensive Plan. At this time, the Lawrence County Commission has deferred taking action on granting an access permit for Suntory Avenue to connect to McGuigan Road noting they will reconsider the request after the city council has approved the change of zoning and preliminary plat. Watson concluded by reporting some of the findings of the Traffic Impact Analysis completed by Interstate Engineering in December 2016. Staff recommends approval, with seven (7) stipulations to be included in a development agreement. Meyer expressed concern with the absence of “a plan” for the location labeled “Block 7” and how this parcel may generate future traffic not accounted for in the current study, and, the lack of any commitment from Lawrence County officials regarding access from McGuigan Road. City Attorney Davis stated, as a general rule, the potential actions or inactions of other levels of government should not affect decisions within the city’s jurisdiction. Responding to a question by Halsey, Watson stated traffic signalization is not warranted at this time for any intersection shown on the platted area. Street lighting remains under discussion with the public works department. The applicant, Spencer Rossi, appearing in person, provided a brief overview of the request for a change in zoning from agriculture (AG) to single family residential (R-1) and the proposed development. Nick Hoffman, representing Interstate Engineering, appearing in person, addressed Meyer’s comment regarding “Block 7” and explained that the Traffic Impact Study was completed based on Block 7 being developed as fifteen (15) one acre single family residential lots. Vice Chairman Kruskamp opened the public hearing at 3:47 p.m. Brenda Mossett, a resident at 2710 Sapphire Lane, thanked the Rossi’s for submitting a revised plan. She requested the applicant consider combining the two 1-acre lots (shown as lots 3 and 4) on the western most edge into one lot and expressed concern about the potential peak hour traffic that might result. Christy Rodgers, a resident at 2810 Sapphire Lane, thanked the Rossi’s for submitting a revised plan. She requested the applicant consider combining the two 1-acre lots (shown as lots 3 and 4) on the western most edge into one lot. She also appealed to the applicant to set aside some land for a neighborhood park. Deana Bordewyk, a resident at 2525 West Highway 14, thanked the Rossi’s for submitting a revised plan. She requested additional information regarding the data reported in the initial Traffic Impact Analysis, which assumed ninety percent (90%) of the traffic would exit the development onto McGuigan Road and ten percent (10%) of the traffic would exit onto Highway 14 via Green Spot Lane. She questioned minimum lot sizes shown on the preliminary plat versus the minimum lot sizes noted in the concept plan. She questioned how the decision pending by Lawrence County officials regarding access will impact the preliminary plat and the Rossi’s proposal. She concluded by appealing to the applicant and/or the city for the establishment of a small neighborhood park in the development. Page 2 of 4 12/30/2016 2:19 PM  Rilea Moyer, a resident at 2641 Tumble Weed Trail, thanked the Rossi’s for submitting a revised plan. She is grateful the revised plan called for residential development only. She mentioned concerns with drainage and street lighting. Teresa Kinghorn, a resident at 2830 Amber Place, questioned what determines the number of access points required. She also commended the Rossi’s for reacting positively to public comment. Rachel Pearson, a resident of 745 N. Ames, spoke in support of Top Shelf Development and feels it will be a positive addition to the community. Roni Ackerman, representing Neighbor Works Dakota Home Resources, spoke in support the development and the potential to provide more affordable housing. Joe Jorgensen, who resides at 1905 Stage Barn Circle, spoke in support of the Rossi’s proposal and feels it will “tie in nicely to what we did on Tumble Weed Trail”. Upon hearing no further comments from the audience, Vice Chairman Kruskamp closed the public hearing at 4:05 pm. The applicant, Spencer Rossi, appearing in person, responded to some of the aforementioned concerns. Ms. Rossi stated that the minimum lot size allowed in R-1 zoning is 8,000 square feet; on the preliminary plat, the current minimum lot size is approximately 11,500 square feet. A neighborhood park is not currently being considered however there is a trail link shown from Top Shelf Avenue to Tumble Weed Trail leading to the Higgins open space area. The co-applicant, David Rossi, appearing in person, provided additional technical information garnered from the traffic study and ingress/egress. The first study was done assuming ninety percent (90%) of the traffic would exit onto McGuigan Road and ten percent (10%) of the traffic would exit to Highway 14 via Green Spot Lane. At a later date, the study was completed again assuming fifty percent (50%) of the traffic would exit onto McGuigan Road and fifty percent (50%) of the traffic would exit to Highway 14 via Green Spot Lane. The results were the same indicating that the intersections would operate satisfactorily at Level of Service (LOS) “B” or better. The results are reported in an addendum to the traffic study. Nick Hoffman explained that a drainage study for Top Shelf Avenue was completed at the time McGuigan Ranch Phase 2 was developed. City Planner Jayna Watson provided additional details on traffic modeling, zoning issues, minimum lot size, two accesses and open space. Motion was made by Meyer and seconded by Green to recommend the city council approve a change in zoning from Agriculture to Single Family Residential (R-1) and approve the preliminary plat for the 4th phase of the McGuigan Ranch Master Plan known as the Top Shelf subdivision contingent upon the following recommendations be included in a development agreement: 1) If street improvements will be phased, these phases shall be identified on the infrastructure construction plans. 2) The maximum grade on Suntory Avenue shall be 8 percent with a maximum grade for the transition to McGuigan Road at 5 percent. 3) All streets shall have a minimum longitudinal grade of 1 percent. 4) Improvements to the existing street network (McGuigan Road and Highway 14) shall be as recommended by Interstate Engineering’s December 2016 Traffic Impact Analysis including any future amendments to it. 5) Applicant will construct an 8 foot wide paved path to connect Top Shelf Avenue to Tumbleweed Trail, as illustrated on the preliminary plat. Maintenance of the path to be done by a homeowners association. 6) Applicant will construct a 4 foot wide unpaved gravel path to connect Top Shelf Avenue to Tumbleweed Trail through the Utility Tract C at the southwest corner of Tract C and through Page 3 of 4 12/30/2016 2:19 PM  Utility Tract B Block 6 of the McGuigan Ranch Addition. Maintenance of the path to be done by a homeowners association. 7) An open space easement shall be applied to the common open area of Block 4. Hearing no further discussion, the motion passed unanimously. Watson announced the public hearing before the city council for the change in zoning will be for Tuesday, January 17, 2017. Bordewyk was summoned back to council chambers at approximately 4:22 p.m. and Kruskamp relinquished the Chair at that time. 2. CITY COUNCIL UPDATE: Watson reported that the city’s new assistant fire chief, Robert Mathis, was sworn in last night. Watson presented Ken Halsey with a certificate of appreciation for his ten years of service on the Planning Commission. This is his last meeting. City Attorney Davis welcomed feedback from the commission regarding the public hearing procedure implemented today. 3. ADJOURNMENT: There being no further business to come before the commission, Bordewyk adjourned the meeting at 4:44 p.m. Page 4 of 4 12/30/2016 2:19 PM