Planning Commission

Spearfish Planning Commission Agenda Tuesday, June 2nd, 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 May 19th, 2020 D. Declaration of Conflicts of Interest E. Items for Action 1. Request: Approve an amendment to a Conditional Use Permit Location: 1004 Main Street Applicant: Collin Cantalope Action: Hold a public hearing and render a decision 2. Request: Approve rezoning from PUD (Planned Unit Development) to DRD (Development Review District) and amend setback standards. Location: Countryside Subdivision Tracts 2R, 3R, 4R east of Woodlands Dr. Applicant: City of Spearfish Action: Hold a public hearing and make a recommendation to the City Council 3. Request: Approve a change of zoning from C2 Highway Service Commercial to R3 Multifamily Residential Location: Lot 1B Block 4 Heritage Addition Applicant: Spearfish Estates, LLC. Action: Set a public hearing for June 16, 2020 4. Request: Approve a change of zoning from Agriculture (AG) and Light/Restrictive Industrial (ILR) to Airport Zoning District (APZ) Location: Airport area Applicant: City of Spearfish Action: Set a public hearing for June 16, 2020 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) 5. Request: Approve an annexation and change of zoning to APZ Location Tract A in S1/2S1/2 and Tract A in NE1/4SW1/4-SE1/4NW1/4 Applicant: City of Spearfish Action: Set a public hearing for June 16, 2020 F. City Council Update G. Public Comment Public comments are welcome at this time, however, no action will be taken. H. Adjournment  Spearfish Planning Commission Regular Session Minutes May 19th, 2020 The Spearfish Planning Commission met in regular session on Tuesday, May 19th, 2020 at 3:00 p.m in the Council Chamber. Chairman Kruskamp called the meeting to order at 3:00 pm. Roll call was taken with the following members present: Toby Bordewyk, Barbara Zwetzig, Greg Kruskamp, Meghan Byrum, Drew Skjodal, and Bob Meyer. Absent: Larry Vavruska. Also present: City Planner Jayna Watson, and Assistant City Planner Daniel Van Holland. APPROVAL OF MINUTES: Skjodal moved, Byrum seconded and all voted to approve the minutes of the April 7th, 2020 Planning Commission meeting. DECLARATIONS OF CONFLICTS OF INTEREST: Kruskamp called for any potential conflicts of interest to be identified. Meyer mentioned he knows Jim Boke, the subject of item two, and has worked with him before but did not feel it would be a conflict for the matter at hand. No other conflicts were expressed. 1. Request: Approve an amendment to a Conditional Use Permit Location: 1004 Main St. Applicant: Collin Cantalope Action: Set a public hearing for June 2nd, 2020 Van Holland explained the proposal and summarized staff’s findings. Collin Cantalope explained his plans for the property and why he is seeking the amendment. Discussion was held over the proposal of a digital sign on the property. Zwetzig moved, Skjodal seconded and all present voted to set the public hearing for June 2nd. 2. Request: Approve rezoning from PUD (Planned Unit Development) to DRD (Development Review District) and amend setback requirements. Location: Countryside Subdivision Tracts 2R, 3R, 4R east of Woodlands Dr. Applicant: City of Spearfish Action: Set public hearing for June 2nd, 2020 Watson explained the rationale for rezoning and the proposed setback changes. Planning Commission members asked about how the changes impact the lots, if this proposal would be subject to the 10 percent open space requirement for the multifamily/commercial areas, , and if other PUDs will need this rezoning, and if future development for the multi- family/commercial will need to come back for approval. Bordewyk moved, Byrum seconded and all voted to set the public hearing for June 2nd. PUBLIC COMMENT No public comment received CITY COUNCIL UPDATE: Watson and Van Holland updated the Commission on previous City Council business, including a presentation given on pavement management. ADJOURNMENT: There being no further business to come before the commission, Kruskamp adjourned the meeting at approximately 4:00 p.m.  Spearfish Planning Commission Staff Report Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish SD 57783 Meeting time and date: Tuesday June 2nd, 2020 at 3pm Applicant: Collin Cantalope Request: Approve an amendment to a conditional use permit (CUP) Action: Hold a public hearing and render a decision Location: 1004 N Main St. Proposal Current CUP on property allows for retail uses in an R2 zone. Approval of this Summary: amendment will allow for the CUP on the property to include office uses in addition to retail. Page 1 Spearfish Planning Commission Staff Report Meeting Date: 6/2/2020 BACKGROUND AND HISTORY: A conditional use permit was issued for the property in 1998 to allow a retail quilt store to operate. The property is in the R2 – One- and Two-Family Residential zoning district, which does allow retail uses as a conditional use. Between 2001 and 2002, the CUP was transferred from the original applicant to new owners. In 2003, the CUP was amended to allow for an 18’ x 24’ addition on the east side of the property. In 2011, the ownership changed, and the CUP was transferred again. Now, the property has changed ownership again and the current applicant originally planned on updating and transferring the current CUP, per Article VI. Section 3.K of the Zoning Code, with the intention of continuing the current use and keeping the current tenant. Plans have since changed and said retail quilt shop tenant is no longer located at this property. Applicant now seeks to amend the CUP to add office as use type allowed on the property. The R-2 zoning lists Office use as something permitted with a CUP. REVIEW CRITERIA: This request is evaluated per the City of Spearfish Revised Code of Ordinances, Appendix A - Zoning, Article VI. Administration and Enforcement, Section 3. Conditional Use Permits. STAFF ANALYSIS: The property has been used as a retail store previously. The current structure has been compliant with all relevant district and CUP requirements while operating as a retail store. The applicant is interested in allowing the property to be used as office space in addition to the already allowed retail use, which is a conditional use permitted within the R2 zoning district. Per the code, parking for office uses requires 1 space for every 200 square feet of building. This would require the property, at 2200 square feet, to provide 11 parking spaces should the structure be used for office space. The property currently has 9 parking spaces available (the paving must be expanded to include the 9th space) along Lincoln Street, and two beneath a shade structure in the rear of the building Because the previous CUP’s allowed the parking within the public right of way to be credited to this property, a variance is not necessary. Findings for the Conditional Use Permit are attached (see page 7). STAFF RECOMMENDATION: Approve PUBLIC COMMENTS: Notice of the public hearing was mailed to all property owners within 140 feet of the property; published in the official newspaper 10 days before the hearing; and a sign was posted 10 days before the hearing on the property indicating the date, time, and location of the hearing. ATTACHMENTS: Page 3 – Aerial Map Page 4-5 – CUP application questionnaire Page 6 – CUP Findings STAFF CONTACTS: Jayna Watson, City Planner, 605-717-1122; jayna.watson@cityofspearfish.com Daniel Van Holland, Assistant City Planner, 605-717-1126; daniel.vanholland@cityofspearfish.com Page 2 Spearfish Planning Commission Staff Report Meeting Date: 6/2/2020 Location of CUP amendment at 1004 Main Street 9 spaces located on Lincoln Street 2 spaces located on east side of building under shade structure Page 3 Spearfish Planning Commission Staff Report Meeting Date: 6/2/2020  Page 4 Spearfish Planning Commission Staff Report Meeting Date: 6/2/2020  Page 5 Spearfish Planning Commission Staff Report Meeting Date: 6/2/2020 City of Spearfish Planning Commission 6-2-20 Conditional Use Permit Findings Applicant: Collin Cantalope Location: 1004 Main Street Zoning: Single- and Two-Family Residential – R2 C.U.P. Request: Allow for Retail and Office uses Date of Planning Commission Public Hearing: June 2, 2020 The Planning Commission of the City of Spearfish has reviewed and submits these findings, noted in italics, as well as the conditions of approval concerning the above noted Conditional Use Permit request. Evaluation criteria. In either making a recommendation to approve or deny, or acting to approve or deny an application for a CUP, the following criteria shall be considered: 1. The proposed use shall comply with other Ordinances. A CUP may not be issued to allow a use otherwise prohibited; Compliance with the building code will be verified when the applicant submits plans before a building permit is issued. 2. The proposed use shall be eligible for a CUP based on the zoning district; The proposal is for allowing office and retail uses located in the R2 single- and two-family residential zoning district and it is eligible for a conditional use permit in that district. 3. The proposed use shall comply with the setback, lot coverage, height, and other requirements of the zoning district, unless the subject property is currently legally nonconforming or a request for a variance is simultaneously submitted with the application for a CUP: The following are the required and existing standards of the R2 single-and two-family zoning district. Front setback.: 25 feet required; 25 feet provided Side setback: 8 feet required; 8 feet existing Rear setback: 25 feet required; 25 feet existing Parking Spaces for Office and Retail Uses: 200 per square foot (office) and 300 per square foot (retail). At 2200 square feet, at most the requirement would be 11 spaces. 9 spaces exist and 2 more will be added before a certificate of occupancy is issued. 4. The proposed use shall be compatible with the location, physical character, and topographic features of the property; A variety of non-residential land uses exist nearby including a church immediately south, a salon to the west across Main Street, a real estate office, and medical offices within 300 feet. The continuation of commercial office use and retail is consistent with past uses of this property. 5. Buffering measures along parcel boundaries shall exist or be incorporated to mitigate any visual impact of outdoor use areas onto adjacent property; There are Page 6 Spearfish Planning Commission Staff Report Meeting Date: 6/2/2020  no outdoor uses proposed; no additional buffer is needed. 6. If applicable, lighting from all sources shall be designed so that it does not unreasonably affect adjacent property; The applicant proposes an LED sign which, if approved, must comply with the sign code’s illumination criteria. This type of sign technology can be adjusted to reduce brightness or be turned off completely during overnight hours if a conflict were to arise. 7. The proposed use shall not create an unreasonable public safety issue relating to the property or its surroundings, nor increase the risks of an existing public safety issue; The sidewalk along Illinois Street runs in front of the parked vehicles therefore no conflict result from cars backing out of parking spaces. 8. The proposed use shall have adequate pedestrian and vehicular access, circulation, and parking, including those related to bicycle transportation and transportation by persons with physical disabilities; The required and provided parking is described in 3. No driveways or other onsite parking is proposed. The property is accessible by bicycle from the local street network. 9. The proposed use shall not result in any unusual or unreasonable parking impacts; The required and provided parking is described in 3. Above. The existing parking along Illinois Street has functioned safely and without impact to the surrounding area for 22 years and no new impacts will be created. 10. The proposed use shall not result in an unusual or unreasonable number of vehicle trips per day as measured against the character of the neighborhood of the subject property and the street network serving it; The proposed use will not generate an unusual or unreasonable amount of vehicular trips. The property has been used as a retail store previously and an office use does not generate substantially higher traffic. 11. The proposed use shall not result in an unusual or unreasonable level of noise; The proposed use will not result in any unusual or unreasonable noise. All activities are contained within the building and adding office use with retail will not generate any noise that has not already existed at the property. 12. Adequate public services and utilities shall be available to accommodate the proposed use; Public services and utilities currently exist on this lot. Page 7 Spearfish Planning Commission Staff Report Meeting Date: 6/2/2020  13. Additional imposed conditions, if any, will mitigate any probable adverse impacts of the proposed use. 1) Applicant must construct one additional parking space on the Lincoln Street frontage prior to the issuance of a certificate of occupancy. 2) A maximum of 32 square feet of sign area is permitted; the sign must comply with all the terms with Zoning Ordinance Article V. Section 6. Sign Regulations. 3) Applicant must apply for building permits as required prior to the issuance of a certificate of occupancy. I verify that the above findings and conditions of approval by the Spearfish Planning Commission were made in a public hearing on June 2, 2020. ____________________________________________________ Greg Kruskamp, Planning Commission Chair Page 8 Spearfish Planning Commission Staff Report Meeting Date: 6/2/2020  Spearfish Planning Commission Staff Report Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish SD 57783 Meeting time and Tuesday June 2, 2020 at 3pm date: Applicant: City of Spearfish/Jim Boke Approve a change in zoning from PUD (Planned Unit Development) to DRD Request: (Development Review District) and approve a revision to the setbacks. Action: Hold a public hearing and make a recommendation to the City Council Tracts 2R, 3R, and 4R of the Countryside Subdivision and Lot 1C of Lot 1A of Lot 1 all of the Spring Creek Addition to the City of Spearfish – known as Phase G at Countryside. Location: Proposal Update the zoning from PUD to DRD and amend the building setbacks along Summary: the Red Fern, Fox Glove, and Gooseberry Rd. Frontages. Page 1 Spearfish Planning Commission Staff Report Meeting Date: 6/2/2020 BACKGROUND AND HISTORY: • 2001 - Annexed and rezoned to PUD in November of 2001; concept plan showed a single-family phase, a ‘small lot residential/ churches allowed’ phase, and a phase of multi-family/office uses along Windmill Drive. • 2003 - Development Review District zoning text was first adopted and repealed the language of the Planned Unit Development. All PUD approvals for this property were considered vested at that time for land use and lot layout and building setbacks would be according to standard zoning regulations. • 2006 - Revision to the PUD concept plan and approval of preliminary plat that further defined the ‘small lot residential’ concept to be duplex townhouses. Standard building setbacks for duplex and single family were approved at 25 feet front and back, 8 feet sides, 0 feet where duplexes share the common wall on property line. • 2019 – Final engineering approval was given to begin road construction and the first phase of infrastructure is expected to be complete by this summer with the duplex/townhouse homes built first. REVIEW CRITERIA: Because the applicant wishes to amend the standard zoning setbacks, it requires that the zoning be updated to DRD given the lack of any published PUD standards that would otherwise guide this process. The property has development approval through final engineering and therefore no changes to the previously approved project layout, streets, or the land uses are possible. The criteria that guide rezoning requests for DRD do not apply in this instance since development of the property is consistent with all previous approvals. The DRD is being applied at the City’s request to clarify the zoning regulations for the future administration of this parcel. This approval will document the following as the final plan approval: (see attachment on page 5 for locations of each) • Duplex-townhouse • Single Family • Multi-Family and Office • Amendments to building setbacks as noted below The criteria that applies to the setback amendment is from the zoning code which requires a minimum distance of 20 feet between the sidewalk and the front of a garage door to enable a parking space between the two. This request complies since the setbacks proposed for both Red Fern and Gooseberry Roads are on streets without a sidewalk. The homes along Fox Glove will be 21 feet from the sidewalk. Please see page 5 of the staff report for locations and setback dimensions. STAFF ANALYSIS: The Comprehensive Plan describes this area as being in the ‘Contiguous City’ which are locations of the community that are connected to infrastructure and other developed areas. This change reflects the owner’s desire to achieve a specific character and feel for the project and it does not have an impact on existing neighborhoods whereby an established front setback pattern would be affected. Since the last meeting, the applicant updated this request and seeks approval of reduced setbacks along Fox Glove Road in addition to what was earlier presented as being along Red Fern and Page 2 Spearfish Planning Commission Staff Report Meeting Date: 6/2/2020 Gooseberry. For both Red Fern and Gooseberry, this request will result in homes being 7 feet closer to the street curb when compared to the same distance normally found in a standard zoning district. For Fox Glove Road, the homes will be 5 feet closer to the street curb. Because the fronts of the homes along the south side Red Fern will be oriented toward the internal north/south streets, the Red Fern side of the home functions more as a side yard and the homes will be placed at 29 feet from the back of the curb/ 15 feet from the Red Fern public right of way. Gooseberry Road also has same conditions as Red Fern and the applicant proposes the same for the building setback along the west side of this street at 29 feet from back of curb/ 15 feet from the public right of way. In both locations along these roads, the sidewalk is on the opposite side of the street. STAFF RECOMMENDATION: Approve PUBLIC COMMENTS: No comments have been received as of the writing of this staff report. Property owners within 200 feet have been notified of this request. Notice of the public hearing was published in the official city newspaper 10 days before the hearing. ATTACHMENTS: Page 4 - Aerial Map Page 5 - Approved preliminary plat 2006 Page 6 - Street cross section with setback reference Page 7 - Original 2001 PUD land use approval STAFF CONTACTS: Jayna Watson, 605-717-1122; jayna.watson@cityofspearfish.com Daniel VanHolland, 605-717-1126; daniel.vanholland@cityofspearfish.com Page 3 Spearfish Planning Commission Staff Report Meeting Date: 6/2/2020  Page 4 Spearfish Planning Commission Staff Report Meeting Date: 6/2/2020  Approved Preliminary Plat and Land Use Final Plan Duplex/townhouse parcel Single family parcel Multi Family and Office Parcels Proposed building setback along the west side of Gooseberry Rd. and south side of Red Fern Rd. frontages: - 29 feet from back of curb/ 15 feet from property line. - No sidewalks will be present along these locations. Proposed building setback along both sides of Fox Glove Lane - 29 feet from back of curb/20 feet from property line. Page 5 Spearfish Planning Commission Staff Report Meeting Date: 6/2/2020  20 foot setback Fox Glove Ln. 20 foot setback Page 6 Spearfish Planning Commission Staff Report Meeting Date: 6/2/2020 Original PUD approval from 2001 Page 7 Spearfish Planning Commission Staff Report Meeting Date: 6/2/2020  Spearfish Planning Commission Staff Report Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish SD 57783 Meeting time June 2, 2020 at 3pm and date: Applicant: Spearfish Estates, LLC Approve a change of zoning from C2 Highway Service Commercial to R3 Request: Multifamily Residential Action: Set a public hearing for June 16, 2020 East 130 feet of Lot 1B Block 4 Heritage Addition Aspen Drive Heritage Drive Location: Proposal The request would rezone the eastern 130 feet of Lot 1B from C2 – Highway Summary: Service Commercial to R3 – Multifamily Residential. Page 1 Spearfish Planning Commission Staff Report Meeting Date: 6/2/2020 BACKGROUND AND HISTORY: • Lot 1B was platted in 2019 • Applicant has acquired the property and plans on building a set of affordable quad-plex homes within the east 130 feet and storage facilities on the remainder of the lot. • Lot currently zoned C2 o The C2 zoning district requires a 75’ lot width, which the homes will not be able to meet. o Per the R3 requirement (Art. IV, Section 4.D.4.b), “For two or more attached dwellings where each dwelling is on an individually platted lot, the lot width shall be what is necessary to accommodate setbacks, off-street parking and the dwelling unit.” o Applicant can easily meet the R3 district requirement • Surrounding area is zoned as C2 Highway Service Commercial and R3 Multi-family Residential • Area consists of: o Apartment complex o Storage facilities o Single-family homes o Type 2 Retail establishments REVIEW CRITERIA AND STAFF ANALYSIS: This request is evaluated per Appendix A Zoning, Article VI. Administration and Enforcement, Section 5. Amendments with staff’s comments following each statement as noted in italic text Text or map amendments. Proposed amendments shall: a. Be necessary because of substantially changed or changing conditions of the area and district affected, or in the ordinance generally. The area is currently zoned C2 – Highway Service Commercial. This zoning allows for residential uses and the immediate area has been used for housing development. The C2 district, however, does not give as much flexibility for duplex or multiplex homes as the R3 Multifamily Residential district does. This rezoning would better accommodate the growing housing development in the immediate area. b. Be consistent with the intent and purposes of the ordinance. The R3 district is intended to promote and encourage the development of higher-density, multiple- family dwellings in areas suitable for such a development. Located near a current apartment complex at the border of C2 and R3 districts, the area is suitable for such a development. c. Not directly or indirectly adversely affect any other part of the ordinance. This development would be permissible in either C2 or R3 districts and does not negatively impact any part of the ordinance. Access to the homes will be provided through Heritage Drive and to the storage units through an access easement and a private driveway used by the adjacent apartments (also owned by Spearfish Estates, LLC.) d. Be consistent with and not in conflict with the Spearfish comprehensive plan. Strategy 3 for the Developing City states that the city will “Create design solutions to allow mixed use projects that include a variety of residential, commercial, and employment areas to fit compatibly together.” This rezone allows greater flexibility for the design and construction of multi-plex dwellings near other dwelling units, both single- and multi-family, and a diverse mix of businesses. The greater flexibility of the R3 allows these homes to be constructed and add more residential units to a mixed-use neighborhood. Strategy 7 for the Contiguous City states that the city will “Support the redevelopment of property to more intense land uses when compatibility to the surrounding area is achieved by creative design solutions that mitigate potential impacts.” This rezoning would allow for a vacant lot to be Page 2 Spearfish Planning Commission Staff Report Meeting Date: 6/2/2020 developed for affordable, multi-family homes with greater flexibility than the C2 district allows. The homes would be compatible with the immediate area. STAFF RECOMMENDATION: Set public hearing for June 16, 2020 PUBLIC COMMENTS: Property owners within 200 feet of the property will be notified via certified mail and the notice of public hearing will be published in the official city newspaper, both 10 days before the hearing. ATTACHMENTS: Page 4 - Aerial Map Page 5 - Zoning Map Page 6 - Preliminary Site Plan STAFF CONTACTS: Jayna Watson, City Planner, 605-717-1122; jayna.watson@cityofspearfish.com Daniel Van Holland, Assistant City Planner, 605-717-1126; daniel.vanholland@cityofspearfish.com Page 3 Spearfish Planning Commission Staff Report Meeting Date: 6/2/2020  Heritage Drive Page 4 Spearfish Planning Commission Staff Report Meeting Date: 6/2/2020  Aspen Dr Proposed R3 Zone Heritage Dr 7th Ave C2 Zone R3 Zone Page 5 Spearfish Planning Commission Staff Report Meeting Date: 6/2/2020  North Heritage Drive Page 6 Spearfish Planning Commission Staff Report Meeting Date: 6/2/2020  Spearfish Planning Commission Staff Report Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish SD 57783 Meeting time June 2, 2020 at 3pm and date: Applicant: City of Spearfish Approve a change of zoning from Agriculture (AG) and Light/Restrictive Request: Industrial (ILR) to Airport Zoning District (APZ) Action: Set a public hearing for June 16, 2020 Airport Parcels City Boundary Line Area to be rezoned Location: Rainbow Road Interstate 90 The parcels that make up the airport area were zoned a combination of Proposal Industrial and Agriculture upon annexation in 2001.This request would assign Summary: the APZ zoning district to airport parcels. Page 1 Spearfish Planning Commission Staff Report Meeting Date: 6/2/2020 BACKGROUND AND HISTORY: The City of Spearfish annexed the Black Hills Airport in 2001 via Resolution 2001-33 and took ownership in 2016. Ordinance 904, also passed in 2001, zoned much of these airport parcels as either Agriculture (AG) or Light/Restrictive Industrial (ILR). In 2003, via Ordinance 969, a new Zoning Code was adopted that created the Airport Zoning District (APZ). APZ was to be applied to “to all existing and future properties included in the ownership boundaries of the airport.” The ordinance does not, however, mention what that boundary is and, thus, the zoning remains unchanged. REVIEW CRITERIA AND STAFF ANALYSIS: This request is evaluated per Appendix A Zoning, Article VI. Administration and Enforcement, Section 5. Amendments with staff’s comments following each statement as noted in italic text A. Standards for amendments. A proposed amendment shall be considered on its own merits using the following criteria as a guide. 1. Text or map amendments. Proposed amendments shall: a. Be necessary because of substantially changed or changing conditions of the area and district affected, or in the ordinance generally. As the city did not have an airport specific zoning district before 2003, it was necessary to create one after annexing and, later, acquiring the Black Hills Airport. Rezoning the entire area as APZ – airport zoning district, will bring the area into compliance with the zoning ordinance. b. Be consistent with the intent and purposes of the ordinance. The airport zoning district was created to “provide for and promote the aviation and economic development potential of Black Hills Airport/Clyde Ice Field.” This action would allow for all parcels that are included in the airport operations plan, to have the proper zoning assigned to them to accomplish that goal. c. Not directly or indirectly adversely affect any other part of the ordinance. By assigning the zoning district that was created for these parcels, there is no adversity created by this action. d. Be consistent with and not in conflict with the Spearfish comprehensive plan. The goal of the Comprehensive Plan’s goal for Land Use and City Form is to “…consist of a diverse mix of compatible land uses to offer the opportunities of a larger city, while preserving natural and built assets and small town ambience.” By having an airport zone and assigning it to parcels part of an airport system, the city diversifies its land uses, offers the feel of a larger city, without the aerial traffic of a larger airport system. STAFF RECOMMENDATION: Set a public hearing for June 16, 2020 PUBLIC COMMENTS: Notice will be sent to property owners within 200 feet of each parcel 10 days before the hearing and notice will be published in the official city newspaper 10 days before the hearing. Lawrence County has been notified of this request. ATTACHMENTS: Page 4 – Aerial Map and Parcel Names STAFF CONTACTS: Jayna Watson, City Planner, 605-717-1122; jayna.watson@cityofspearfish.com Daniel Van Holland, Assistant City Planner, 605-717-1126; daniel.vanholland@cityofspearfish.com Page 2 Spearfish Planning Commission Staff Report Meeting Date: 6/2/2020  Tract A of PT NE1/4 (zone ILR) W 250’ of NE1/4 (zoned AG) (Zoned AG) NW1/4 & SW1/4 & W1/2SE1/4 PT NE1/4 EX H-2(27.4) & EX TR A(2.00) (Zoned AG) & EX TR A(80.2) (zoned ILR) E1/2 SE1/4 EX 5.69A & H-3(12.19A) & EX LOT WC-2 & LOT WC-1 AIRPORT ADDN (Zoned AG) Lot W-2of the Tract 3 & Tract 4 in E1/2 E1/2SE1/4 Airport (zoned ILR) Addn Page 3 (Zoned AG) Lot W-1 of the E1/2SE1/4 Airport Spearfish Planning Commission Staff Report Addn (zoned AG) Meeting Date: 6/2/2020  Spearfish Planning Commission Staff Report Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish SD 57783 Meeting time June 2, 2020 at 3pm and date: Applicant: City of Spearfish Request: Approve an annexation and change of zoning to APZ Action: Set a public hearing for June 16, 2020 Tract A S1/2S1/2 Tract A in NE1/4SW1/4-SE1/4NW1/4 Rainbow Road Location: Interstate 90 Interstate 90 This request will bring in two parcels in the airport area that were not included Proposal in the list of legal descriptions that annexed with the rest of the airport in 2001. Summary: This request will also assign the city’s airport zoning district to these parcels. Page 1 Spearfish Planning Commission Staff Report Meeting Date: 6/2/2020 BACKGROUND AND HISTORY: • The airport was annexed into the city in 2001. • The City of Spearfish took ownership of the airport in 2016. • In May of 2020, staff discovered two parcels were missing from the resolution of annexation. • The two parcels are surrounded by city-owned property, are themselves city-owned property, and are located deep within city limits. This annexation will bring the subject parcels into one municipal jurisdiction and the change of zone will record and administer the land-use accordingly. REVIEW CRITERIA AND STAFF ANALYSIS: This request is evaluated per Appendix A Zoning, Article VI. Administration and Enforcement, Section 5. Amendments with staff’s comments following each statement as noted in italic text A. Standards for amendments. A proposed amendment shall be considered on its own merits using the following criteria as a guide. 1. Text or map amendments. Proposed amendments shall: a. Be necessary because of substantially changed or changing conditions of the area and district affected, or in the ordinance generally. After annexing the airport into the city, an airport specific zoning district needed to be created and applied to airport parcels. As the owners of the airport, it is important that the city own the parcels that are important to airport operations and that they be under city jurisdiction. b. Be consistent with the intent and purposes of the ordinance. The parcels will be zoned as airport zoning. This will ensure that the annexed parcels will be compatible with the surrounding parcels and the zoning ordinance. c. Not directly or indirectly adversely affect any other part of the ordinance. Staff reviewed the continuity of other parcels annexed east of the airport and found that this situation does not affect the status of incorporation in these other locations. d. Be consistent with and not in conflict with the Spearfish comprehensive plan. Per strategy 8 for the Developing City, the city will “guide voluntary and city-initiated annexations according to the city’s adopted annexation policy.” This policy encourages the annexation of property that could be beneficial to economic development of the city. In this instance, the airport is an economic asset to the city and clarifying the annexation status of these parcels is essential to fulfilling that goal. STAFF RECOMMENDATION: Set a public hearing for June 16th, 2020 PUBLIC COMMENTS: Notice will be sent to property owners within 200 feet of each parcel 10 days before the hearing and notice will be published in the official city newspaper 10 days before the hearing. ATTACHMENTS: Page 4 – City limits vicinity map STAFF CONTACTS: Jayna Watson, City Planner, 605-717-1122; jayna.watson@cityofspearfish.com Page 2 Spearfish Planning Commission Staff Report Meeting Date: 6/2/2020 Daniel Van Holland, Assistant City Planner, 605-717-1126; daniel.vanholland@cityofspearfish.com Pink shaded area = existing city limits Dashed line = parcels to be annexed and zoned to Airport Zoning, APZ Page 3 Spearfish Planning Commission Staff Report Meeting Date: 6/2/2020