Planning Commission

MINUTES REGULAR MEETING OF THE Spearfish Planning Commission TUESDAY, JANUARY 17, 2017 - 3:00 PM The Spearfish Planning Commission met in regular session on Tuesday, January 17, 2017 at 3:00 p.m. in the council chambers of Spearfish City Hall. Members present: Toby Bordewyk, Jim Hopewell, Greg Kruskamp, Bob Meyer, Larry Vavruska and Barbara Zwetzig. Members absent: Dan Green. 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. He introduced Jim Hopewell, who was recently appointed to the Planning Commission to fill the unexpired term of Ken Halsey. APPROVAL OF MINUTES: Vavruska moved to approve the minutes of the Planning Commission meeting of January 3, 2017 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. Bordewyk disclosed that he is currently involved with the Spearfish Economic Development Corporation (SEDC) Board of Directors however declared no conflict at this time. Meyer disclosed for the record that he currently owns property located in a light/restrictive industrial zoning district but declared no conflict at this time. 1. A Request to Amend the Light/Restrictive Industrial District zoning ordinance text regarding setbacks. Applicant: City of Spearfish. Location: All areas zoned Light/Restrictive Industrial. City Planner Jayna Watson presented a brief summary of the history pertaining to the Spearfish Industrial Park located off Interstate 90 at Exit 14 and followed up by presenting information which was requested at the last Planning Commission meeting. She referred to a map which illustrated all property zoned light industrial in the vicinity of exit 14. A portion of the property, outlined in red, is governed by business park covenants while the remaining parcels, outlined in yellow, would be affected by the proposed zoning ordinance text amendment and reduced setbacks. The Commission was also given the opportunity to view a map which was intended to compare future “build out” at the industrial park at the proposed reduced setbacks versus the current setbacks, however Watson stipulated this is difficult to exhibit due to the scale involved. Watson referred the commission to the City of Spearfish Business & Industry Park Covenants. She identified several key features in the covenants which regulate development quality pointing out minimum setback requirements, landscaping, and regulations regarding parking, loading areas and building materials. By keeping these covenants in place, an upgraded and enhanced image can still be achieved in the business park in the most visible community gateway areas. Meanwhile, flexibility for reduced setbacks on parcels that have less public visibility, in the Seaton Circle area could be possible. Bordewyk inquired if there are other covenants in place which govern the property along Seaton Circle, prompting review of the Dodds’ Addition covenants which Watson retrieved electronically. He also questioned if a variance would be a suitable option, particularly for the smaller parcels in the industrial park. Zwetzig inquired as to the party responsible for Page 1 of 2 2/7/2017 9:32 AM  enforcing covenants. Kruskamp initiated discussion about the significant differences between light industrial versus heavy industrial zoning. Hearing no objection from the commission at this time, Bordewyk opened the public hearing at 3:31 p.m. Rick Furnish, a Realtor with Landmark Realty, spoke in support of a zoning ordinance text amendment reducing the setbacks, particularly since the ordinance contains specific use lists. He offered this testimony on behalf of Joe Jorgensen who had to leave the meeting but stated he too concurred. There being no further comment from the audience, Bordewyk closed the public hearing at 3:32 p.m. Motion was made by Zwetzig and seconded by Vavruska to recommend the council approve the Light/Restrictive Industrial District zoning ordinance text amendment regarding setbacks as proposed. Meyer spoke against the motion and is not convinced a zoning ordinance text amendment to reduce setbacks will result in more efficient land use. He distributed written calculations to support his opinion as well as other suggestions which have been provided in writing to staff to incorporate to the record. He also noted the current ordinance imposes restrictions on lot coverage and further restrictions outlined in the Dodd’s Addition covenants and business park covenants. Meyer also testified having received a telephone call from the prospective buyer of the property on Seaton Circle. In Meyer’s opinion, his main concern is a limit to the size of his proposed building frontage. Meyer suggested it would be appropriate to allow greater construction flexibility on the few smaller lots in light industrial zoning with limited frontage. Kruskamp also voiced opposition to the motion. Vavruska would like to know what has hindered development in the industrial park over the past 25 years. He also reported having received phone calls from constituents who support the reduced setbacks and he concurs. Zwetzig is of the opinion that a zoning ordinance text amendment to reduce the setbacks could change the shape of the building to be built. Hopewell referred the commission to page seven (7) paragraph (k) of the business park covenants entitled variances. He concurred with Meyer in that there is insufficient evidence to support an ordinance text amendment. City Attorney Eric Davis provided a brief discourse on recent case law pertaining to variances, variance law and zoning law. Hearing no further discussion, the motion failed 2-3 with Vavruska and Zwetzig voting AYE while Meyer, Kruskamp and Hopewell voted NO. 2. ELECTION OF OFFICERS Vavruska moved to nominate Bordewyk and Kruskamp to a second consecutive year as chairman and vice chairman respectively. Hearing nothing further, Bordewyk closed the nominations. The vote to approve the nomination of Bordewyk as chairman passed unanimously. The vote to approve the nomination of Kruskamp as vice chairman passed unanimously. CITY COUNCIL ITEMS In addition to regular business items, the city council will consider temporary, special use requests for city/owned public property. Kruskamp initiated further discussion about opportunities to promote economic development and the industrial park. 3. ADJOURNMENT: There being no further business to come before the commission, Bordewyk adjourned the meeting at 4:10 p.m. Page 2 of 2 2/7/2017 9:32 AM