Planning Commission

Spearfish Planning Commission Agenda Tuesday, November 19, 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 November 5, 2019 D. Declaration of Conflicts of Interest E. Items for Action 1. Request: Approve a variance to the rear setback from 25 feet to 12 feet, and for lot coverage to increase from 40 percent to 44 percent. Location: Lot 1B Block 36 Uhlig Addition; located west of 440 E Lincoln also owned by the Applicant Applicant: Jason Richards Action: Make a recommendation and set the Board of Adjustment’s public hearing for December 2, 2019. 2. Request: Approve a revision to the Vieland Development Review District (DRD) concept plan; and final plan approval on the northeast portion of the concept plan. Location: South of Colorado Boulevard and west of the Elkhorn Ridge Campground Applicant: Ryan Wordeman City of Spearfish Action: Set public hearing for December 3, 2019. 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 Tuesday, November 19, 2019 at 3pm AND TIME: APPLICANT: Jason Richards REQUEST: Approve a variance to the rear setback for Lot 1B Block 36 Uhlig Addition, from 25 feet to 12 feet, and for lot coverage to increase from 40 percent to 44 percent. ACTION: Make a recommendation and set the Board of Adjustment’s public hearing for December 2, 2019. LOCATION: SUMMARY: This request enables the owner of this property to build a residence. Page 1 Spearfish Planning Commission Staff Report Meeting Date: November 19, 2019 BACKGROUND AND HISTORY:  Zoned R-1 (Single Family Residential) with similar zoning surrounding it. One residential dwelling is the permitted use of this lot.  Lot dimensions are 40 x 50 feet and qualifies for the new variance criteria due to having a lot width of 75 feet and less and being within the Uhlig Addition.  This lot was platted in 1953 before the zoning ordinance was created, and reaffirmed with a new final plat in 1977. A similar sized lot exists to the west.  The previous use of this lot was for a city well, which has since been closed. A small well house building exists, which will be removed. PROPOSAL DETAILS: The applicant proposes a 676 square foot compact residence and requests a rear setback (south property line) of 12 feet instead of the required 25 feet. Additionally, the lot coverage is requested to be 44% instead of the required 40%. The front setback to the structure is 12 feet (using the new standards approved in 2018). An open porch projects into the front setback a distance of 8 feet; a maximum of 10 feet is allowed per the zoning ordinance. ZONING CODE AUTHORITY: The following are from the zoning code and staff’s finding is included: Applicability. 1. Variances may not be granted to allow a use prohibited or ineligible for a Conditional Use Permit. 2. A variance may be granted for the development standards found within the area regulations of each zoning district that apply to maximum/minimum numerical distances, maximum/minimum numerical quantities, ratios, square footage type standards, and parking standards. Finding: Criteria 1 and 2 are satisfied. A residence is allowed in the R-1 zoning district; the variance requested is for a numerical standard of the zoning code, specifically the rear setback and lot coverage. Evaluation Criteria. A variance shall be approved only if the applicant is able to satisfy each of the following three (3) criteria: 1. The requested variance is not contrary to the public interest, as determined by the Board of Adjustment. In order to fulfill the public interest, the proposed variance must not: a. Alter the essential character of the locality or b. Endanger public safety. Page 2 Spearfish Planning Commission Staff Report Meeting Date: November 19, 2019  Finding: Criteria 1a. and 1b. are satisfied. The rear setback of the adjacent residence at 440 E Lincoln is within ten feet of the property line. Other nearby structures are also within a similar distance to property line. Parking for the dwelling will be provided between the home and the south property line and on the alley side of the dwelling. The public sidewalk is at the back of the curb along the Lincoln Street frontage and is unaffected by this request. 2. The requested variance must result from special physical conditions on the property, which: a. Are natural or man-made surroundings, shape, or topographical conditions that do not result from persons presently having an interest in the property; or b. Because the property is situated within any of the following downtown core neighborhoods and has a lot width of seventy-five feet (75’) or less, or a square footage of less than eight thousand (8,000) square feet i. Original Town Plat ii. Uhlig Addition iii. Ramsdell Addition iv. West Addition v. Schar’s Addition Finding: Criteria 2a and 2.b are satisfied. The need for the variance is directly related to the size of the property which was platted by the property owner in 1953. The property is located in the Uhlig Addition and has a lot width of less than 75 feet. 3. A literal enforcement of the provisions will result in unnecessary hardship. a. Because of the special physical conditions of the property, unusual hardship that would serve no public purpose would result to the owner if required to act in strict conformity with the provisions of the zoning regulations and the authorization of a variance is therefore necessary to enable the reasonable use of the property. b. The hardship must be unique to a particular piece of property to justify a variance, and not shared by all property in a particular zone. Finding: Criteria 3.a and 3.b are satisfied. Because the setback in question is a rear setback, the public is unaffected by a reduction from 25 to 13 feet. The difference in lot coverage of 4 percent is not a perceptible impact to the public. The hardship of the small lot size is not shared by all properties in the surrounding R-1 zoning district, which are primarily 50 x 140 lots. Page 3 Spearfish Planning Commission Staff Report Meeting Date: November 19, 2019 PUBLIC COMMENTS: A sign will be posted on the owner’s property to provide notice of the Board of Adjustment’s public hearing date of December 2, 2019. STAFF RECOMMENDATION: Approve and set the Board of Adjustment public hearing for December 2, 2019. ATTACHMENTS: Page 5 – Plat from 1953 Page 6 – Site aerial map Page 7 – Site plan showing 12 foot rear setback Page 8 - Building Elevation and Floor Plan – informational only Page 9 – Applicant’s narrative/variance justification Page 4 Spearfish Planning Commission Staff Report Meeting Date: November 19, 2019 Original Plat showing lot 1B of Block 36 from 1953. Page 5 Spearfish Planning Commission Staff Report Meeting Date: November 19, 2019 Property in blue outline = Location of request for variance from required 25 foot rear yard setback to a 12 foot rear setback and an increase from required 40 percent maximum lot coverage to 44 percent. The structure shown partly in the right of way and partly on the subject property will be removed. Page 6 Spearfish Planning Commission Staff Report Meeting Date: November 19, 2019  Lincoln Street alley Location of rear setback variance from 25 feet to 12 feet Page 7 Spearfish Planning Commission Staff Report Meeting Date: November 19, 2019  Page 8 Spearfish Planning Commission Staff Report Meeting Date: November 19, 2019  Page 9 Spearfish Planning Commission Staff Report Meeting Date: November 19, 2019  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 19, 2019 AND TIME: APPLICANT: Ryan Wordeman – Storage unit parcel City of Spearfish for the Work Force Housing Parcels A and B REQUEST: Approve a revision to the Vieland Development Review District (DRD) concept plan; and final plan approval on the northeast portion of the concept plan. ACTION: Set public hearing for December 3, 2019 LOCATION: South of Colorado and west of the Elkhorn Ridge Campground Page 1 Spearfish Planning Commission Staff Report Meeting Date: November 19, 2019 SUMMARY This request will result in: 1) Revision to the Vieland concept plan from commercial and multi-family to single family, duplex, and 3 or more attached dwellings on Parcel A and Parcel B as described below, and 2) Enclosed storage buildings on 10.5 acres. BACKGROUND AND HISTORY:  Annexed into the city in 2013 and rezoned to DRD with a land use concept plan shown as general land use areas.  On November 4, 2019 the City Council initiated a competitive process (known as the Request for Proposal, or the RFP) to invite the development community to propose a workforce housing project. The general elements of this project are: o City will form a tax increment district and construct infrastructure. o The home builder chosen through the above process will then construct or place homes (modular homes are permitted and possible) on the lots. o A private/public partnership that will enable the city to acquire the property. PROPOSAL DETAILS: Parcels A and B are the location of the work force housing RFP project. Specific locations of dwelling types, lot sizes, and setbacks will be required to return for a separate approval since these details will not be known until a home builder is chosen for the project. The storage project on Tract H is a two phase project on a 10.5 acre site and is the subject of the combined concept and final plan approval:  4 buildings in the first phase; 9 in later phase(s)  99 foot front setback from Colorado  A 20 foot wide tree buffer to soften the west edge of the storage buildings  Longer buildings are oriented east/west to reduce the visibility of a long wall  Dense vegetation along Miller Creek screens the view of this property from the east  Landscape points required are 367,454 points; 367,690 points provided  Open Space Required is 20% of the site or, 2.1 acres required; 4.76 acres provided  Tract H will be served only by a private driveway; no access Parcel A is proposed  No outdoor storage is proposed KEY ISSUES: The following DRD zoning combined concept and final plan approval criteria apply to the storage unit proposal: a. Conformance with Permitted Used, Prohibited Uses, and Minimum Requirements for Improvement and Design; DRD Land use #1, ‘Commercial Use’ includes all non-residential land uses and a storage building is considered a commercial land use since it is only allowed in the traditional commercial zoning districts. Page 2 Spearfish Planning Commission Staff Report Meeting Date: November 19, 2019 b. Site and Building Design Compatibility with and relationship to existing and potential uses adjacent to the proposed project; From an overall land use perspective, this project is a step down in intensity from the current plan in both the number of vehicle trips generated and will have no residents. Since the intended future use to the west is residential, storage uses and residential are compatible with each other. c. Aesthetic considerations related to the scope and size of (the) proposed use(s); The site plan includes a tree buffer on the west property boundary to soften the view of a long building. The longest buildings will be oriented east west to further reduce this impact. d. Public safety issues relating to projected traffic generated by the proposed uses and to the existing or potential transportation system of adjoining properties; o Colorado Boulevard is a major arterial on the Master Transportation Plan and current traffic volume is 3030 vehicles per day according to the SDDOT data. o The traffic volume entering to and from the storage units does not warrant a left or right turning lane. This type of land use has a low overall daily traffic volume. The highway service center at Elkhorn Ridge has a higher traffic generation rate than the storage units yet did not warrant a left/right turn lane. e. Testimony received from the public, and comments received by departments, agencies and commissions as provided in Section 10.F.3.a. or 10.G.4.a, as applicable. All affected departments and agencies have been notified and their technical comments will be forwarded to the applicant concerning water and sewer corridors, fire protection requirements, and drainage/floodplain matters. These issues will be addressed in the applicant’s engineering and building plans submittal. f. Community benefit of the proposed use(s); The proposed use adds additional storage facilities to the city and preserves a floodplain corridor. g. Conformance with the goals and policies of the comprehensive plan and compatibility with surrounding land uses; see separate section below. h. Adequacy of public services for the proposed use(s). The water main serving this parcel is one that also serves the Elkhorn Ridge Campground. Additional review of this system and the sewer system will be completed by the City Engineer as noted above. The following DRD zoning concept plan approval criteria applies to Parcels A and B for the work force housing proposal: Concept Plan Approval Criteria. In consideration of a request for Concept Plan approval, the Planning Commission and City Council shall take into account factors including, but not limited to: a. Conformance with the goals and policies of the comprehensive plan; See separate section below regarding this topic. b. Compatibility with and relationship to existing and potential uses adjacent to the proposed project; The amendment to the existing concept plan is to enable a mix of residential types within Parcels A and B. Details on lot sizes, setbacks and specific dwelling unit types will be provided in a follow up submittal for Planning Commission and City Council review. Page 3 Spearfish Planning Commission Staff Report Meeting Date: November 19, 2019 c. Public safety issues relating to projected traffic generated by the proposed uses and to the existing or potential transportation system of adjoining properties; There is no change to public safety issues in this revision. d. Community benefit of the proposed use(s); The 2016 housing study identified the need to supply the community with more housing that meets the current South Dakota Housing’s definition of affordability which is $275,000 or less. The City’s RFP process is underway and will result in a competitive process to select a homebuilder for this purpose. e. Aesthetic considerations related to the scope and size of (the) proposed use(s); If a multi- family building is proposed, it will require site plan and building elevation approval in a separate final plan submittal. f. Adequacy of public services for the proposed use(s); and The water and sewer systems required to serve this parcel exist. g. Testimony received from the public at the public hearing. None received to date. Comprehensive Plan Assessment: The DRD requires an evaluation of the following attributes when considering an amendment to the concept plan as it applies to both Parcels A and B (workforce housing) and Tract H (storage units). This amendment must be reviewed according to the Developing City strategies in the Comprehensive Plan, some of which have already been covered by the DRD criteria. The following are the applicable sections from the Comprehensive Plan as applied to this request:  The overall location and arrangement of land uses for new development should follow a basic hierarchy starting with the more intense land uses on the major streets, and the less intense uses on the minor/local streets. This proposal complies. A local street network will be presented at a later submittal for how the workforce housing project will be provided with access. The storage units receive access directly from Colorado.  Create lower intensity land uses and open space corridors to buffer existing land use and proposed land uses of different densities, and, create design solutions to allow mixed use projects that include a variety of residential, commercial, and employment areas to fit compatibly together. The Miller Creek forms a natural buffer between the Elkhorn Ridge RV park and the storage units which has a minimal impact to the RV park. The tree buffer between the storage units and future residential on Parcel A reduces the overall visual presence to the future neighborhood. PUBLIC COMMENTS: Landowners within the 140 feet of the concept plan approval boundary will be notified of this request. Page 4 Spearfish Planning Commission Staff Report Meeting Date: November 19, 2019  STAFF RECOMMENDATION: Set a public hearing for November 19, 2019 ATTACHMENTS: Page 6 - Concept Plan – 2013 approval Page 7 – Graphic illustration of concept plan land use intensity – 2013 approval Page 8 – Proposed Concept Plan revision Page 9 – Final Plan – Storage Unit Tract H Page 10 – Preliminary Plat – Tract H Page 11 – Elevations Page 12- Comprehensive Plan Questionnaire Page 13-17 – DRD Submittal Checklist Requirements Page 5 Spearfish Planning Commission Staff Report Meeting Date: November 19, 2019  Approved Vieland Concept Plan 2013 See next page for additional details re: Tract H concept/final plan and revisions to overall concept plan Multi Family to duplex ‘Bay Home’ to duplex Multi Family to Duplex Page 6 Spearfish Planning Commission Staff Report Meeting Date: November 19, 2019 Location of revision to Concept plan only - Location of revision to Concept and Final Plan Page 7 Spearfish Planning Commission Staff Report Meeting Date: November 19, 2019  Senior Living Multi Family Town Homes* Tract Open Space* Multi H Family* 10.5 acres Parcel A - 40 acres Parcel B - 20 acres Single Open Family* Space* ace* Park* Open Space* Proposed Concept Plan Revision *Asterisk indicates no change to approved concept plan. Parcels A and B - Workforce Housing Tract H – Enclosed Storage - Single Family - Attached Dwellings Duplex 3 or more attached dwellings Page 8 Spearfish Planning Commission Staff Report Meeting Date: November 19, 2019  Page 9 Spearfish Planning Commission Staff Report Meeting Date: November 19, 2019  P a g e 10 Spearfish Planning Commission Staff Report Meeting Date: November 19, 2019  P a g e 11 Spearfish Planning Commission Staff Report Meeting Date: November 19, 2019  City of Spearfish Comprehensive Plan Questionnaire Change of zoning and revisions to DRD concept plans Please provide complete written responses to the following questions concerning your request. 1. In general, describe features of your project that make it compatible to the existing development patterns around your parcel. The project meets the Comprehensive Plan by proposing a more intense Land Use (storage units) adjacent to a major street (Colorado Boulevard). The proposed workforce housing plan is similar in land use intensity as the original Vieland Concept Plan. 2. If the land uses that are adjacent to your property are of a lesser land use intensity, describe specific buffering methods to be used that will reduce the impacts to the lesser intensity land uses. Adequate buffers are provided on both sides of the storage project. To the West is an undeveloped pasture and a 20 foot wide open space buffer with trees is proposed. The Elkhorn Ridge Resort Campground is to the east and open space will be maintained including the mature trees adjacent to Miller Creek. 3. Describe changes or upgrades needed to the street network to accommodate traffic from your project. No change is required to Colorado for access to the storage unit property. For the workforce housing, studies have been completed for the overall Elkhorn Ridge master plan and the studies identify the need to upgrade Colorado Boulevard at some point in the future. This requirement depends on how many dwellings are proposed for the workforce housing first phase and is a decision to be made when engineering plans are submitted on this portion of the property. 4. Describe changes to proposed site access points if they are different from any previous zoning, conditional use permit or DRD concept plan approval. Storage parcel, no change – same location as previous DRD approval. Because there is no access shared between the workforce housing parcels and the storage parcel in this revision, all access must come from Colorado to serve the residential portion. 5. Describe the locations of sidewalks and paths that will be extended along the site frontage or through the property. None will be provided in the storage unit project. This topic will be revisited in the follow up submittal with the homebuilder that is chosen from the workforce RFP process. 6. Identify the dimensions of the proposed building setbacks, and if they are more, less, or the same as what is required by existing zoning on the adjacent property. See site plan, setback to the storage buildings will be 25 feet along the west, 99 feet from the north. These dimensions meet and exceed existing zoning respectively. P a g e 12 Spearfish Planning Commission Staff Report Meeting Date: November 19, 2019  7. Identify the proposed building height, and if it is more, less, or the same as what is required by existing zoning on the adjacent property. Storage buildings are single story. The RV storage building is 16 feet tall, and traditional storage buildings are 9 feet tall. The height of the residences in Parcel A and B will likely be single story, and if two story, less than 35 feet. 8. Does the open space function as: (mark all that apply) as it pertains to the storage unit site: a. Undeveloped space between the project and adjacent development YES b. Passive recreation (walking/biking paths, benches/tables) No paths exist in Miller Creek. c. Active recreation (playground structures, sports courts/fields) Not applicable This information will be in the follow up submittal for Parcels A and B. 9. Describe if any existing vegetation will be removed from the site or from the public right of way. None will be removed for the storage site. Additionally Parcels A and B have little to no significant vegetation as the site is primarily rolling prairie grasses. 10. If your project promotes or supports Black Hills State University by offering services, programs, facilities, housing or other benefits to the University, describe what is being provided. The workforce housing is a significant contribution to housing choices for students and faculty. 11. Describe any affordable housing goals that could be met by your project. The City’s workforce housing project will result in a significant contribution to this goal. 12. Describe any other features of your project not addressed above that contribute to the overall well-being and development of the community. The storage units help maintain and clean and junk free community by providing a safe, clean storage facility located near the growing Elkhorn Ridge residential development. Please email completed form to: jayna.watson@cityofspearfish.com or mail to: Jayna Watson City Planner City of Spearfish 625 Fifth Street Spearfish SD 57783 P a g e 13 Spearfish Planning Commission Staff Report Meeting Date: November 19, 2019  DRD Submittal Checklist Requirements: STORAGE UNIT TRACT H 1. Final Plan Submittal Requirements. All Final ✓ = Provided by applicant Plans must include the following information: a. The ownership and legal description of ✓ the property included in the project and of adjoining properties; b. Location and siting, size and use of all structures, building setbacks, ✓ improvements and facilities to be constructed/reconstructed by the applicant, if applicable; c. Architectural elevations of all commercial ✓ and multi-family (3 or more attached units) structures, if applicable; ✓ d. Location of all points of ingress and egress and their relationship to the existing transportation system and internal traffic circulation pattern; e. Street widths, materials of construction, N/A no streets proposed for and curb/gutter, sidewalk and recreation storage projects paths, if applicable; f. Landscape plan, if applicable; ✓ No lighting proposed g. Lighting plan; No parking required h. Parking plan; Vieland preliminary master i. Drainage plan; drainage plan applies; j. Designation of all areas to be dedicated to N/A the public or held in common ownership; k. Proposed covenants and restrictions, if N/A applicable; l. Such other architectural and engineering data as may be required by the Planning ✓ Commission; P a g e 14 Spearfish Planning Commission Staff Report Meeting Date: November 19, 2019  Final Plan Submittal Checklist, Continued.. m. A preliminary plat may be submitted as a ✓ part of the final plan; DRD Final Plan Review Criteria: STORAGE UNIT TRACT H 2. Final Plan Approval Criteria. In consideration ✓ = Criteria Satisfied of a request for Final Plan approval, the Planning Commission and City Council shall take into account of the following factors both the One-Step and Two-Step types of Final Plan approval: a. Conformance with Permitted Uses, ✓ Prohibited Uses, and Minimum Requirements for Improvement and Design. b. Site and building design compatibility ✓ with and relationship to existing and potential uses adjacent to the proposed project; ✓ c. Aesthetic considerations related to the scope and size of (the) proposed use(s); d. Public safety issues relating to ✓ projected traffic generated by the proposed uses and to the existing or potential transportation system of adjoining properties; and e. Testimony received from the public, ✓ and comments received by departments, agencies and commissions as provided in Section 10. F.3.a. or 10.G.4.a, as applicable. P a g e 15 Spearfish Planning Commission Staff Report Meeting Date: November 19, 2019 In addition to the approval criteria above, for One- Step Final Plans, (concurrent change of zoning plus final plan approval) the following shall also be taken into consideration: f. Community benefit of the proposed ✓ use(s); g. Conformance with the goals and ✓ policies of the comprehensive plan and compatibility with surrounding land uses; and h. Adequacy of public services for the ✓ proposed use(s). P a g e 16 Spearfish Planning Commission Staff Report Meeting Date: November 19, 2019 CONCEPT PLAN SUBMITTAL CHECKLIST WORK FORCE HOUSING PARCELS A AND B ✓ = Criteria satisfied a. Ownership and legal description of the ✓ no change since original approval in 2013 property included in the project, and of adjoining properties b. Significant topographical features including, but not limited to, watercourses, drainages, ✓ no change since original approval in 2013 mountains and outcroppings, forested areas, and historical/archeological sites/structures listed on the National Register of Historic Places or the State Register of Historic Places; c. Approximate location, size, scale, and use of all existing and proposed land uses, ✓ only acreages identified at this time; second structures, improvements and facilities to be submittal required based on complete RFP constructed/reconstructed; process. d. Schedule of minimum setbacks for each type of land use; Will be provided in follow up submittal by successful home builder selected in the city RFP process e. Proposed areas to be designated as open Will be provided in follow up submittal by space, landscape areas, recreation areas or successful home builder selected in the city areas to be held in common ownership RFP process f. A conceptual street plan showing projected Will be provided in follow up submittal by locations for ingress and egress and internal successful home builder selected in the city circulation patterns; RFP process g. Application form and rezoning fee according ✓ to the approved fee schedule; h. Such other conceptual information that is deemed appropriate by the Planning To be determined Commission. P a g e 17 Spearfish Planning Commission Staff Report Meeting Date: November 19, 2019