Planning Commission

Spearfish Planning Commission Amended Agenda (Updated 3/13/2020) Tuesday, March 17th, 2020 - 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 March 3rd, 2020 D. Declaration of Conflicts of Interest E. Items for Action 1. Request: Approve a C-1 Redevelopment Incentive Plan proposal Location: 437 N Main St Applicant: Jared Capp Action: Set public hearing for April 7th, 2020 2. Request: Approve a variance for parking requirements Location: 118-120 E Jackson Blvd Applicant: Roger Riley Action: Make a recommendation and set the Board of Adjustment’s public hearing for April, 6th, 2020 3. Request: Approve a Tax Increment Finance (TIF) District Boundary Location: North 1/2 of Tract V and Tract H both of the Elkhorn Ridge Addition, and the South 17’ of the North 50’ of the NW ¼ of Section 21, Township 6 North, Range 3 East, BHM, Lawrence County, South Dakota and the South 17’ of the North 50’ of the NE ¼ of Section 21, Township 6 North, Range 3 East, BHM, Lawrence County, South Dakota including the East Colorado Boulevard right-of-way Applicant: City of Spearfish Action: Set a public hearing for April 7th 2020 F. City Council Update G. Public Comment Public comments are welcome at this time, however, no action will be taken. 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 Agenda (continued, page 2) H. Adjournment  Spearfish Planning Commission Regular Session Minutes March 3rd, 2020 The Spearfish Planning Commission met in regular session on Tuesday, March 3rd, 2020 at 3:00 p.m. in the council chambers at Spearfish City Hall. Chairman Kruskamp called the meeting to order at 3:00 pm. Roll call was taken with the following members present: Larry Vavruska, Barbara Zwetzig, Greg Kruskamp, Drew Skjoldal, and Bob Meyer. Absent: Toby Bordewyk and Meghan Byrum. Also present: City Planner Jayna Watson and Assistant City Planner Daniel Van Holland. APPROVAL OF MINUTES: Vavruska moved, Meyer seconded and all voted to approve the minutes of the February 18th, 2020 Planning Commission meeting. DECLARATIONS OF CONFLICTS OF INTEREST: Kruskamp called for any potential conflicts of interest to be identified. No conflicts were expressed. 1. Request: Approve an amendment to the Revised Ordinances of the City of Spearfish, Appendix A – Zoning, Article V. Supplementary Regulations, Section 3. Minimum off-street parking requirements. Location: Citywide Applicant: City of Spearfish Action: Hold a public hearing and make a recommendation to the City Council Watson explained that staff had found two inconsistencies in the current code and how staff believed they could be fixed to make the code more consistent. No comment was received and the public hearing was opened and closed at 3:05 pm. Vavruska moved, Zwetzig seconded and all present voted to recommend approval. CITY COUNCIL UPDATE: Watson reported on the items that went before the City Council on Monday, March 2nd, 2020, including the changes to the C-1 Redevelopment Incentive Plan, snow removal, and the City’s safety program. PUBLIC COMMENT: No public comments were received. ADJOURNMENT: There being no further business to come before the commission, Kruskamp adjourned the meeting at approximately 3:24 p.m.  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 Daniel Van Holland, Assistant City Planner, 605-717-1126; daniel.vanholland@cityofspearfish.com MEETING Tuesday, March 17th, 2020 at 3pm DATE AND TIME: APPLICANT: Roger Riley REQUEST: Approve a variance for parking requirements Make a recommendation and set the Board of Adjustment’s public ACTION: hearing for April, 6th,, 2020 LOCATION: 806 N Main/118-120 E Jackson Blvd SUMMARY: This variance would allow the property to provide three fewer off-street parking spaces than the code requires per the proposed use. Page 1 Spearfish Planning Commission Staff Report Meeting Date: March 17, 2020 BACKGROUND AND HISTORY: The building was first constructed in 1930, before zoning and parking requirements were codified. Since construction, the building has housed diverse uses, such as: - a service station (before 1984) - an office (1984, and 2012) - Food establishment o Pizza store (1984) o Ice cream store (2011) - Retail space o Flower shop (1984) o Photo shop (1985) o Video Store (1988) o Casino (1999) o Liquor store (1986) 4 off-street spaces were provided in 1984 when use was listed as office and carry-out retail. Curbside parking does exist along Jackson Boulevard, however these parking spaces have never been counted towards the property’s parking requirement nor does this parcel qualify for a C-1 Redevelopment Incentive Plan waiver. Even with minimal off-street parking, the property has been home to several retail stores, offices, and restaurants. Applicant is currently seeking to use the property for retail use but the zoning code’s parking requirement cannot be met with only the off-street parking spaces currently provided. At less than 4,000 square feet, there is limited room for additional parking spaces on the parcel. PROPOSAL DETAILS: Applicant is seeking a parking variance so that they may allow a new retail establishment to be located on the property. The estimated calculation for required off- street parking, per the current and proposed uses, is 6.3 spaces. There are currently 4 spaces on the property. The parcel is too small to accommodate additional off-street parking spaces. By including on-street spaces, the required spaces are met. Applicant is seeking a variance to waive the 3 additional required spaces. ZONING CODE AUTHORITY: In, the City Council approved the update to the variance criteria of the zoning code which is presented below in the italics text, with a finding provided after each. 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 Page 2 Spearfish Planning Commission Staff Report Meeting Date: March 17, 2020  maximum/minimum numerical distances, maximum/minimum numerical quantities, ratios, square footage type standards, and parking standards. Finding: Criteria 1 and 2 are met. The proposed use is retail, which is permitted in the C-1 zoning district and the variance is for a reduction in the parking standards. 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. Finding: Criteria 1a and 1b are met. The variance would not significantly alter the character of the location as there are no changes to the structure proposed. There are no public safety concerns this proposal would create that do not already exist. 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 2b are met. The shape and size of the plat are too small to accommodate the parking requirements for certain uses. The building was built by a previous owner back in 1930, long before the current zoning code was in force. Further, the site is located in the Original Town is less than 75’ wide and is under 8,000 square feet. 3. A literal enforcement of the provisions will result in unnecessary hardship. Page 3 Spearfish Planning Commission Staff Report Meeting Date: March 17, 2020  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 3a and 3b are met. Acting in strict conformity with the code would limit the permitted uses available to the property. Further, on-street parking spaces along Jackson Boulevard have provided adequate parking for this property in the past, even though they technically belong to the entire public. The proposed use is retail trade, requiring 1 parking space per every 300 square feet. Offices and restaurants are 1 per 200 square feet and 1 per 100 square feet, respectively. An inability to meet the retail standard means the property will be unable to meet office and restaurant standards – the majority of C-1 uses – which have a higher parking requirement. The waiving of a small number of parking spaces would be unnoticeable by the public. A de facto restriction on land use options over a small number of parking spaces serves no clear public purpose. Authorization of a variance would enable the proposed use of the property. Parcels immediately north of this lot are large enough to accommodate their parking requirements and, therefore, this site is unique when compared to these parcels. Immediately south is the Central Core Commercial zoning district, with no requirements for parking at all. Due to the history of uses at this location, it would be both arbitrary and capricious to deny a similar use now even though the structure has not been altered in any significant way. Granting this variance allows this parcel to be compliant with the current zoning code without restricting the uses available to the current building. PUBLIC COMMENTS: According to the variance notice requirements, a sign will be posted on the owner’s property at least 10 days before April 6, 2020. This sign will advertise the Board of Adjustment’s public hearing date of April 6, 2020. Notice of the public hearing will be published in the official city newspaper 10 days before the public hearing. Page 4 Spearfish Planning Commission Staff Report Meeting Date: March 17, 2020  STAFF RECOMMENDATION: Approve and set Board of Adjustment Public Hearing for April 6, 2020. ATTACHMENTS: Page 6 – Site aerial map Page 7 – Site Plan Page 8 – Variance narrative/justification Page 9 – Historical site information Page 5 Spearfish Planning Commission Staff Report Meeting Date: March 17, 2020  Main St. Main St. Page 6 Spearfish Planning Commission Staff Report Meeting Date: March 17, 2020  Page 7 Spearfish Planning Commission Staff Report Meeting Date: March 17, 2020  Page 8 Spearfish Planning Commission Staff Report Meeting Date: March 17, 2020  Effective Age, Life expectancy, Year Built Page 9 Spearfish Planning Commission Staff Report Meeting Date: March 17, 2020  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 Daniel Van Holland, Assistant City Planner, 605-717-1126; daniel.vanholland@cityofspearfish.com MEETING Tuesday, March 17th, 2020 at 3pm DATE AND TIME: APPLICANT: Jared Capp and Dr. Rachel Headley REQUEST: Approve a C-1 Redevelopment Incentive Plan proposal ACTION: Set public hearing for April 7, 2020 LOCATION: 437 N Main St SUMMARY: This request will waive 50% of the off-street parking requirement for the property per the C-1 Redevelopment Incentive Plan Page 1 Spearfish Planning Commission Staff Report Meeting Date: March 17, 2020 BACKGROUND AND HISTORY: City staff, the Planning Commission and the City Council have worked on, and approved, a plan to provide an incentive for redevelopment in the C-1 Central Commercial zoning district that would waive some of the off-street parking requirements if applicants can show that their project meets criteria that forward the City’s planning goals. The plan is meant to combat blight in the district and spur redevelopment of underutilized properties. Many parcels in the C-1 district are small and meeting off-street parking requirements is difficult, reducing the feasibility of redevelopment projects. PROPOSAL DETAILS: The applicant plans on constructing a mixed-use building with four (4) studio apartments to be used as vacation rentals and 3600 +/- square feet of office space. Using the standard zoning code calculations, the off-street parking requirements would require twenty-two (22) parking spaces for the site. If the proposal is approved, the requirement will be lowered to 11 spaces. The following criteria guide the decision to approve this project. C-1 Redevelopment Incentive Plan Criteria: 1. For any new or renovated structure, the required parking for non-residential land uses may be reduced under the following criteria. a. Mandatory Criteria: (1) Building design will incorporate features as described in the document titled: City of Spearfish Design Guidelines for the C-1 Redevelopment Incentive Plan. Staff findings: Staff finds that the proposed structure follows complies with  the overall design expectations,  exterior finishes and colors,  building entries and window arrangement,  variations in exterior wall alignment,  roof forms Please see the attachment on pages 8-9 for the applicant’s narrative for further details. (2) Site structures must have a building permit value that is the greater than or equal to twice the assessed value of the previous year as determined by the last certified value per the Lawrence County Office of Equalization. The permit value will be verified by Building Official or based on building permit information. Page 2 Spearfish Planning Commission Staff Report Meeting Date: March 17, 2020  Staff findings: Current Assessed Value: $92,280 Estimated Building Permit Value: $1,300,000 Estimate confirmed by the Building Official: Proposal meets this criterion. (3) A minimum of fifty percent (50%) of the required parking stalls must be provided either on private property, within the public right of way, or both. Staff findings: The site plan shows 7 spaces provided as curbside parallel parking and 4 spaces on the property, meeting the 11 space requirement. Proposal meets this criterion. (4) A maximum of ten (10) parking spaces are permitted within the right of way adjacent to the applicant’s property frontage either as 90 degree angle or diagonal parking Staff findings: 7 spaces identified as existing curbside parking. Proposal meets this criterion (5) A maximum of ten (10) parallel parking spaces on one side of the street may serve as parking provided for more than one property. Staff findings: Proposal identifies 7 spaces along the adjoining street. Proposal meets this criterion. (6) Parking for residential, hotel, motel, bed and breakfast, vacation home rentals, and uses that require overnight parking must be provided on private property. Staff findings: Proposal accounts for all vacation home parking on the premises. Proposal meets this criterion. b. Optional Criteria – In addition to the mandatory criteria above, a minimum of two of the following must be satisfied: (1) Existing sidewalks are widened to a minimum of 8’. Staff findings: Not applicable – applicant not pursuing this criterion (2) New street trees provided at the rate of 1 per 50 feet of site frontage. Page 3 Spearfish Planning Commission Staff Report Meeting Date: March 17, 2020  Staff findings: Not applicable – applicant not pursuing this criterion (3) Provide landscaping per city code. Staff findings: The lot is 6,867 square feet and proposed structure is 3,391 square feet. This leaves 3,476 landscape points needed. Applicant plans to provide:  2 small trees – 500 points each  10 shrubs – 250 points each  5 square yards of live ground cover – 100 points per square yard  Total points – 4,000 Proposal meets this criterion. (4) Utilize ecologically sustainable designs and technologies, which are in line with the goals of the Comprehensive Plan, such as, but not limited to: i. water conservation, energy efficiency, and renewable energy ii. enhanced protection from fire, flood, and other natural disasters Staff findings: Applicant plans on integrating:  Rainwater collection  Onsite stormwater management (conveys  Solar panels on roof for electric production  Solar panels on roof for hot water heating  Enhanced fire proofing through steel roof and stucco finishes  Passive solar design  Recycled materials Proposal meets this criterion. (5) Other criteria deemed to have a significant public benefit Staff findings: Proposal meets 2 listed optional criteria as is, no need for other criteria. PUBLIC COMMENTS: Owners within 140 feet of the property will be notified of the public hearing via certified mail 10 days before the public hearing. Notice of the public hearing will also be published in the official newspaper 10 days prior to the public hearing. Page 4 Spearfish Planning Commission Staff Report Meeting Date: March 17, 2020 STAFF RECOMMENDATION: Set public hearing for April 7, 2020 ATTACHMENTS: Page 6 – Current Building Page 7 – Renderings of the Proposed Structure Page 8-9 – Design Guideline Narrative Page 10 – Valuation and Optional Criteria Explanation Page 11-12 – Floor Plans Page 13 - Elevations Page 14 – Site Plan Page 5 Spearfish Planning Commission Staff Report Meeting Date: March 17, 2020  Page 6 Spearfish Planning Commission Staff Report Meeting Date: March 17, 2020  Page 7 Spearfish Planning Commission Staff Report Meeting Date: March 17, 2020 APPLICANT’S NARRATIVE REGARDING CONFORMANCE TO THE DESIGN GUIDELINES Page 8 Spearfish Planning Commission Staff Report Meeting Date: March 17, 2020  Page 9 Spearfish Planning Commission Staff Report Meeting Date: March 17, 2020 The Cobblestone Building 1) Proposed of Value of Construction and Current Valuation. The proposed new construction project for a mixed-use commercial building located at 437 Main St has a construction cost of $1.3 million. The 2019 Lawrence County valuation of the existing building and lot is $92,280. 2) Optional Criteria. The Cobblestone Building will meet the following optional criteria: Landscaping per City Code, Utilize Ecological Sustainable Design and Technology which are in line with the goals of the Comprehensive Plan. Landscaping per City Code. There will be two trees in the front of the building, with dwarf trees, shrubs, and live cover on the east and south side of the building. Lot size: 6,867 ft2 Structure: 3,391 ft2 Points needed: 3,476 Ecological Sustainable Design and Technology: We are using the following elements in the building design:  Rainwater collection  Onsite stormwater management  Solar panels on roof for electric production  Solar panels on roof for hot water heating  Enhanced fire proofing through steel roof and stucco finishes  Passive solar design  Recycled materials Page 10 Spearfish Planning Commission Staff Report Meeting Date: March 17, 2020  Page 11 Spearfish Planning Commission Staff Report Meeting Date: March 17, 2020  Page 12 Spearfish Planning Commission Staff Report Meeting Date: March 17, 2020  Page 13 Spearfish Planning Commission Staff Report Meeting Date: March 17, 2020  Page 14 Spearfish Planning Commission Staff Report Meeting Date: March 17, 2020  PLANNING COMMISSION UPDATE MEMORANDUM Date: March 13th, 2020 TO: Planning Commission FROM: Daniel Van Holland, Assistant City Planner RE: TIF #6 Attached is the proposed boundary for TIF district #6 to be used for the Workforce Housing program. It encompasses the northern half of the Vieland property, the East Colorado Blvd. right-of-way, and a tract of land contiguous to the Vieland property, currently planned to be used for storage units. The highlighted area will directly benefit from the TIF projects and the inclusion of the ROW will allow the City to construct improvements along Colorado Blvd.  TIF #6 Page 2 Interstate 90 Colorado Blvd.