Planning Commission

Spearfish Planning Commission Agenda Tuesday, November 5, 2019 - 3:00 PM Meeting Location: City Hall City Council Chambers, 625 N Fifth Street, Spearfish SD 57783 A. Call To Order B. Roll Call C. Approve the Minutes from October 15, 2019 D. Declaration of Conflicts of Interest E. Items for Action 1. Request: Approve a preliminary plat and variance for the Blue Star Subdivision in the NW1/4 NW1/4 of Section 29, T6N, R2E, BHM, Lawrence County Location: Approximately 700 feet south of Maitland Road and east of McDermott Road Applicant: Blue Star Trust/Devin McDermott Action: Hold a public hearing and make recommendation to City Council F. City Council Update G. Public Comment Public comments are welcome at this time, however, no action will be taken. H. Adjournment ADA Compliance: The City of Spearfish fully subscribes to the provisions of the Americans with Disabilities Act. If you desire to attend this public meeting and are in need of special accommodations, please notify the Building and Development Office at 642-1335 and 24 hours prior to the meeting so that appropriate auxiliary aids and services are available.  Spearfish Planning Commission Staff Report Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish SD 57783 Staff Contact: Jayna Watson, City Planner, 605-717-1122; jayna.watson@cityofspearfish.com MEETING DATE November 5, 2019 at 3pm AND TIME: APPLICANT: Blue Star Trust/Devin McDermott REQUEST: Approve a preliminary plat and variance for the Blue Star Subdivision of the NW1/4 NW1/4 Section 29 T6N R3E BHM, Lawrence County, South Dakota ACTION: Hold a public hearing and make recommendation to City Council. LOCATION: +/- 700 feet south of Maitland Road, east of McDermott Road SUMMARY: This request will allow for the platting of 8 single family lots on a 40 acre parcel located in the three mile extra platting territory. The request also includes a variance to not require a full 66 foot wide right of way. Page 1 Spearfish Planning Commission Staff Report Meeting Date: November 5, 2019 BACKGROUND AND HISTORY: The surrounding lands are:  County Commission approved a change from County Ag-1 zoning to County Rural Residential with zoning change effective November 8, 2019.  County Agriculture zoning exists on the north, east, and south.  County Suburban Residential zoning on the west. PROPOSAL DETAILS:  The preliminary plat shows 8 lots. The applicant has revised the plat to show a total of 40 acres on the overall parcel boundary.  A variance is requested to not require the full 66 foot wide right of way.  At the time this report was written, the applicant was still making adjustments to the grade on the road. The Fire Chief will review the grade before the public hearing. 10 percent is the maximum but near the front entry, this standard may have to be exceeded. An update on this matter will be provided at the public hearing.  Lots will be served with onsite septic and either individual or shared wells. STAFF ANALYSIS: The purpose of the City’s involvement in the review of subdivision plats within three miles is to ensure that the future street network develops according to the major streets plan of the Master Transportation Plan (MTP). There are no major street corridors that are noted on the MTP, therefore no new major street alignments or rights of way will be required. This proposal complies with the County’s Rural Residential zoning requirements for minimum lot size of 2 acres with the minimum lot size at 3 acres. The applicant requests a variance to the 3 mile subdivision ordinance that requires a 66 foot wide right of way. They propose a 36 foot wide private access easement. There will be no County or City ownership of this local road which is the basis of the 66 foot standard. A survey is underway to determine the grade of this access road and it is likely that a variance to the 10 percent maximum grade will be needed for a portion of the road where it climbs a bluff, pending approval from the Fire Code official. Photos of the road are attached to the staff report. The following are the ordinance criteria concerning the variance, with staff’s comments in italics. (a) The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property in the area in which it is located; a 36 foot wide road access easement is sufficient for the level of improvements required to serve the property. If the grade is steeper than what can be reasonably accessed by a fire truck, there are other options to provide fire protection. (b) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property. The only existing way to access the property is from McDermott Road. The majority of the property is on an elevated bluff Page 2 Spearfish Planning Commission Staff Report Meeting Date: November 5, 2019 approximately 20 feet higher than McDermott, no other choices for access exist. (c) Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations are carried out; The applicant could route the road to be more parallel to the slope, however it would result in significantly more earth moving which is a hardship. (d) The variances will not in any manner vary the provisions of the Official Zoning Map, Comprehensive Plan, Major Street Plan and Master Neighborhood Park Plan. None of these codes or policies are affected by this variance. PUBLIC COMMENTS: A copy of this report has been forwarded to the County Planning and Zoning Director. Adjacent property owners were notified by sign posting and mailed notice. STAFF RECOMMENDATION: Approve preliminary plat and variance request. ATTACHMENTS: Page 3 – Aerial map Page 4 – Preliminary Plat Page 6 - Site photos of entry road Page 3 Spearfish Planning Commission Staff Report Meeting Date: November 5, 2019  Page 4 Spearfish Planning Commission Staff Report Meeting Date: November 5, 2019  Page 5 Spearfish Planning Commission Staff Report Meeting Date: November 5, 2019 Looking north on McDermott Rd at the bluff Looking east and up the new road entry off McDermott Page 6 Spearfish Planning Commission Staff Report Meeting Date: November 5, 2019