Planning Commission

Spearfish Planning Commission Regular Meeting Minutes, Revised Tuesday, July 24, 2018 The Spearfish Planning Commission met in regular session on Tuesday, July 24, 2018 at 3:00 pm in the council chambers at Spearfish City Hall. Members present: Toby Bordewyk, Jim Hopewell, Bob Meyer, Drew Skjoldal Larry Vavruska and Barbara Zwetzig. Absent: Dan Green and Greg Kruskamp. Also present: City Administrator Mike Harmon, City Planner Jayna Watson, Assistant City Planner Desirae Mayo, Legal Intern Alexa Moeller. Chairman Zwetzig 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 Tuesday, July 10, 2018 as presented. The motion was seconded Bordewyk and upon vote taken thereon passed unanimously. DECLARATION OF CONFLICTS OF INTEREST: Zwetzig asked for any potential conflicts of interest to be identified. None were declared. 1. Change in Zoning from Agriculture (AG) to Highway Service Commercial (C2) and a Conditional Use Permit to allow a Large Scale Contractor business. Applicant: Tyrell Ehnes for Burly Builders, LLC Location: Tract F Revised, Voorhees Addition. Voorhees Lane @ Maitland Road City Planner Jayna Watson presented a detailed overview of the request from Tyrell Ehnes, owner of Burly Builders, LLC, for a change in zoning and conditional use permit to maintain a large scale contractor operation on property located at the intersection of Voorhees Lane and Maitland Road. Mr. Ehnes reported that the Lawrence County Commission has granted preliminary conditional approval for an additional access to Maitland Road. Watson referred the commission to the responses provided by the applicant on the CUP Criteria Checklist and presented “The Findings” commencing on page twenty one (21) of the staff report, determined based on the Conditional Use Permit evaluation criteria established by city ordinance. Each criteria item was presented for consideration and discussion. A proposed Development Agreement restricting some of the uses otherwise allowed in C2 zoning was included in the staff report for analysis. Staff recommends approval. Chairman Zwetzig opened the public hearing at 3:32 pm. Testimony was heard from Danny Havens and D’Anna Hitzon, residents of 1480 Maitland Road and 1625 Maitland Road respectively. Chairman Zwetzig closed the public hearing at 3:39 pm. Motion was made by Vavruska and seconded by Meyer to recommend approval of the change in zoning from Agriculture (AG) to Highway Service Commercial (C2) on property legally described as Tract F Revised, Voorhees Addition. Upon vote taken thereon, the motion passed with Bordewyk voting NO. Motion was made by Meyer and seconded by Vavruska to approve a Conditional Use Permit to allow a large scale contractor business on the property and to approve The Findings presented in the staff report to be revised to include a condition which will require the preservation of the natural, healthy vegetation and oak trees as a screening method on the property bordering Maitland Road. Upon vote taken thereon, the motion passed unanimously. 2. Voluntary Annexation and Concurrent Change of Zoning from County Suburban Residential District (SRD) to Agriculture (AG). Applicant: Dennis Allender, President - The Summit at Spearfish Lots 12, 13 & 14, W½ SE¼, Section 4, T6N, R2E Location: 412 Hillsview Road Michael Greslin presented a revised request on behalf of The Summit of Spearfish for the voluntary annexation and concurrent change of zoning from county suburban residential to city Agriculture (AG) zoning on a two (2) acre parcel located at 412 Hillsview Road pending resolution of some utility infrastructure design related issues on the remaining ten (10) acres of the parcel. City Planner Jayna Watson presented a brief overview of the preliminary proposal for the future construction of a church/school and city/county planning related options under consideration. Motion was made by Vavruska and seconded by Bordewyk to set a public hearing for Tuesday, August 7, 2018 to consider a request for voluntary annexation and concurrent change of zoning from County Suburban Residential District (SRD) to Agriculture (AG) for a two (2) acre parcel located at the southeast corner of Lots 12, 13 & 14, W½ SE¼, Section 4, T6N, R2E and located at 412 Hillsview Road, as requested by Dennis Allender, President of The Summit at Spearfish. Upon vote taken thereon, the motion passed unanimously. 4. Overview of Temporary Sign Regulations Applicant: City of Spearfish Location: City-wide City Planner Jayna Watson informed the commission of a recent decision by the United States Supreme Court regarding temporary sign regulations which is the motivation prompting sign ordinance text revisions. Legal Intern Alexa Moeller presented a legal memorandum containing research and analysis of the Court’s findings subsequent to Reed v. Town of Gilbert, Arizona. Assistant City Planner Desirae Mayo offered several options for consideration in drafting new regulations. CITY COUNCIL UPDATE: Watson reported briefly on matters discussed at the last council meeting. Consistent with state law recently enacted by the legislature, a ten (10) minute public comment period will be slated on agendas for future commission meetings. ADJOURNMENT: There being no further business to come before the commission, Zwetzig adjourned the meeting at 4:26 pm.