Planning Commission

Spearfish Planning Commission Regular Meeting Minutes Tuesday, August 1, 2017 The Spearfish Planning Commission met in regular session on Tuesday, August 1, 2017 at 3:00 p.m. in the council chambers of Spearfish City Hall. Members present: Toby Bordewyk, Dan Green, Jim Hopewell, Greg Kruskamp, Bob Meyer, Drew Skjoldal, and Larry Vavruska. Members absent: Barbara Zwetzig. 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 Tuesday, July 18, 2017 as presented. The motion was seconded by Kruskamp and passed unanimously. DECLARATION OF CONFLICTS OF INTEREST: Bordewyk asked for any potential conflicts of interest to be identified. None were declared. 1. Change in Zoning from One- and Two-Family Residential (R2) District to Multi-Family Residential (R3) District. Applicant(s): Melissa Marty, Valerie McMichael, David Donat, Kimberly Ellis Location: Lots 7-11 of Block 83 Original Town City Planner Jayna Watson summarized the information conveyed in the staff report dated August 1, 2017. Discussion ensued regarding the explicit terms of the staff-recommended restrictive covenant document. Chairman Bordewyk opened the public hearing at 3:12 p.m. Amel Samuelson-McEuen and Levi McEuen, residents of 204 7th Street, offered public testimony. Melissa Marty, applicant and owner of 138 7th Street, also provided public testimony. Bordewyk closed the public hearing at 3:27 p.m. Vavruska moved to recommend approval of the request for a change in zoning for Lots 7-11 of Block 83, Original Town, from One- and Two-Family Residential (R2) to Multi-Family Residential (R3) approving a restrictive covenant to provide the following: 1. Properties will not be able to individually or jointly redevelop into what the building code classifies as an apartment building; 2. Each lot will have a maximum number of dwellings: Lot 7: Single Family with basement apartment; one additional unit allowed in the future with building permit. Lot 8-9: Single Family with basement apartment; one additional unit allowed in the future with building permit. Lot 10: Single Family with basement apartment and an apartment in a separate structure off the alley. No additional units allowed in the future. Lot 11: Existing 3 apartments in one structure and 1 apartment over detached garage. No additional units allowed in the future. 3. Preservation of existing trees is required (removal of dead/damaged/diseased trees permitted). 4. The covenant is binding upon future land owners. The aforementioned motion was seconded by Green. Upon vote taken thereon, the motion failed 3-4 with Green, Vavruska and Skjoldal voting AYE. Meyer, Hopewell and Kruskamp voted NO. Bordewyk cast the tie-breaking vote of NO. Discussion continued regarding administrative and procedural matters. [Vavruska exited the meeting at 3:53 p.m.]  Motion was made by Meyer and seconded by Green to recommend approval of the request for a change in zoning for Lots 7-11 of Block 83, Original Town, from One- and Two-Family Residential (R2) to Multi- Family Residential (R3), and to authorize staff to prepare a restrictive covenant to include the following stipulations: 1. Properties will not be able to individually or jointly redevelop into what the building code classifies as an apartment building. 2. Each lot will have a maximum number of dwellings: Lot 7: Single Family with basement apartment; one additional unit allowed in the future with building permit. Lot 8-9: Single Family with basement apartment; one additional unit allowed in the future with building permit. Lot 10: Single Family with basement apartment and an apartment in a separate structure off the alley. No additional units allowed in the future. Lot 11: Existing 3 apartments in one structure and 1 apartment over detached garage. No additional units allowed in the future. 3. Preservation of existing trees is required (removal of dead/damaged/diseased trees permitted). 4. The covenant is binding upon future land owners. 5. Maximum lot coverage and maximum building height restrictions from the One- and Two-Family Residential (R2) zoning district will apply. 6. Primary uses permitted shall only be that allowed in the R2 district. Upon vote taken thereon, the motion carried unanimously. 2. Development Review District (DRD) zoning ordinance text review – Session 4. Applicant: City of Spearfish Location: All areas zoned DRD City Planner Jayna Watson presented an overview of the most recent ordinance text revisions proposed during the planning commission workshop on July 18, 2017. Motion was made by Green, seconded by Meyer and carried unanimously to set a public hearing for Tuesday, August 15, 2017 to consider the proposed phase I revisions to the DRD zoning ordinance text. 3. Initiate a zoning text amendment for changes to Zoning Ordinance Article VI, Section 2, Variances. Applicant: City of Spearfish Location: City-wide City Planner Jayna Watson and Legal Intern Brigid Hoffman referred the commission to the staff report dated July 26, 2017 which outlined current key issues associated with the variance process and subsequently reviewed the proposed changes to existing zoning ordinance text. Motion was made by Meyer, seconded by Skjoldal to initiate an update to Article VI, Section 2 of the Revised Ordinances of the City of Spearfish, Appendix A – Zoning, Variances, and set a public hearing for Tuesday, August 15, 2017 to consider proposed zoning ordinance text amendments. ADJOURNMENT: There being no further business to come before the commission, Bordewyk adjourned the meeting at approximately 5:30 p.m.