Planning Commission

Spearfish Planning Commission Agenda Tuesday, August 4, 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 July 21, 2020 D. Declaration of Conflicts of Interest E. Items for Action 1. Request: Approve a change to Appendix A Zoning Article V. Supplementary Regulations, Section 6. Sign Regulations Location Citywide Applicant: City of Spearfish Action: Hold a public hearing and make a recommendation to the City Council 2. Request: Approve a change of zoning from County Agriculture to City Agriculture Location: The South 17 feet of the North 50 feet of the NW1/4NE1/4; and the South 17 feet of the North 50 feet of the NW1/4 except Lot H2 all Located in Section 21, T6N, R3E, B.H.M., Lawrence County, South Dakota Applicant: City of Spearfish Action: Hold a public hearing and make a recommendation to the City Council 3. Discussion Zoning changes to accommodate conversion of garages to apartments Item: 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) 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 July 21, 2020 The Spearfish Planning Commission met in regular session on Tuesday, June 16, 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: Larry Vavruska, Barbara Zwetzig, Greg Kruskamp, Meghan Byrum, Drew Skjoldal, and Bob Meyer. Absent: Toby Bordewyk. Also present: City Planner Jayna Watson, City Attorney Ashley McDonald, and Assistant City Planner Daniel Van Holland. APPROVAL OF MINUTES: Vavruska moved, Skjodal seconded, and all present voted to approve the minutes from June 16, 2020. DECLARATIONS OF CONFLICTS OF INTEREST: Kruskamp called for any potential conflicts of interest to be identified. No conflicts were expressed. 1. Request: Approve a preliminary plat submittal Location: Lot 1B Block 4 Heritage Addition Applicant: Spearfish Estates, LLC. Action: Hold a public hearing and make a recommendation to the City Council Joe Jorgensen explained the proposed project. Van Holland explained how the proposal complies with the City Code and required design specifications. Chairman Kruskamp opened the public hearing. Receiving no testimony, Chairman Kruskamp closed the public hearing. Meyer moved, Vavruska seconded, and the Planning Commission voted 5-0 to recommend approval to the City Council. 2. Request: Approve a DRD final plan and preliminary plat for Sky Ridge Subdivision (workforce housing property) Location: Tract V-1 of the Sky Ridge Subdivision of Tract V of the Elkhorn Ridge Addition to the City of Spearfish Applicant: City of Spearfish Action: Hold a public hearing and make a recommendation to the City Council Watson explained the background, layout, and specifications of the proposal. Commissioners discussed the access to the development from Colorado Boulevard, the buried Minuteman Missile cable, and the income restrictions for the proposed homes. Chairman Kruskamp opened the public hearing. Receiving no testimony, Chairman Kruskamp closed the public hearing. Zwetzig moved, Byrum seconded, and the Planning Commission voted 5-0 to recommend approval to the City Council. 3. Request: Initiate a change to Appendix A Zoning Article V. Supplementary Regulations, Section 6. Sign Regulations Location Citywide Applicant: City of Spearfish Action: Set a public hearing for August 4, 2020 Van Holland explained the proposed amendments. Vavruska moved, Byrum seconded and the Planning Commission voted 5-0 to set a public hearing for August 4.  Spearfish Planning Commission Page 2 Regular Session Minutes July 21, 2020 4. Request: Approve a change of zoning for Location: The South 17 feet of the North 50 feet of the NW1/4NE1/4; and the South 17 feet of the North 50 feet of the NW1/4 except Lot H2 all Located in Section 21, T6N, R3E, B.H.M., Lawrence County, South Dakota Applicant: City of Spearfish Action Set a public hearing for August 4, 2020 Watson explained the background of the parcel, previous Council action, and how this action ties into the forthcoming tax increment district. Zwetzig moved, Vavruska seconded and the Planning Commission voted 5-0 to set a public hearing for August 4. After all business was concluded, the Commission discussed the income restrictions, enforcement mechanisms, and profit recapture of homes within the workforce housing development. McDonald stated there will be standards and covenants in place and would send copies to of each to the Commissioners. PUBLIC COMMENT No public comment received CITY COUNCIL UPDATE: Watson updated the Commissioners on City Council business, including the City’s daycare partner. After the Council update, Watson informed the Commission that discussions on garage apartments will be forthcoming. ADJOURNMENT: There being no further business to come before the commission, Kruskamp adjourned the meeting at approximately 3:45 p.m.  Spearfish Planning Commission Staff Report Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish SD 57783 Meeting time August 4, 2020 at 3pm and date: Applicant: City of Spearfish Approve a change to Appendix A Zoning Article V. Supplementary Regulations, Request: Section 6. Sign Regulations Action: Hold a public hearing and make a recommendation to the City Council Location: Citywide Proposal This update would apply non-conforming sign regulations to permanent signs Summary: only and updates/clarifies how signs posted on a public sidewalk are regulated BACKGROUND AND HISTORY: • Earlier this year, a major update to the sign ordinance was passed. Staff now seeks to clarify and update two items from the current version of the ordinance. o The first change clarifies that non-conforming status is for permanent signs only, which is not clearly stated in the current version o The second change clarifies the permitting process for signs posted on a sidewalk in the Central Core and brings it into better conformity with other sign permitting processes and ensuring the City is covered for any damage the sign may cause. • These changes make the sign ordinance clearer and simplify the process for posting signs on sidewalks within the Central Core. o Currently, sidewalk signs in the Central Core require council action via an encroachment agreement. This action will make that an administrative process and only requires a permit and proof of liability insurance. REVIEW CRITERIA AND STAFF ANALYSIS: This ordinance revision is guided by the City of Spearfish Revised Code of Ordinances, Appendix A- Zoning, Article VI. Administration and Enforcement, Section 5 Amendments. Staff’s analysis follows each statement 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. The ordinance was updated to simplify and clarify the regulations for signage; this change brings further clarity to some of the changes Page 1 Spearfish Planning Commission Staff Report Meeting Date: 8/4/2020  made to said ordinance. b) Be consistent with the intent and purposes of the ordinance. The ordinance was updated to clarify sign regulations. The first change further specifies which signs may qualify for non-conforming status. The second change further simplifies the permitting process for signs on a sidewalk within the Central Core and makes that process more similar to other sign and permitting requirements. c) Not directly or indirectly adversely affect any other part of the ordinance. This update makes the permit process for signs posted on the sidewalk in the central core similar to the permit process for all other signage. d) Be consistent with and not in conflict with the Spearfish comprehensive plan. Per Implementation Strategy 1 for Transportation of the Comprehensive Plan. The City will “Develop a right of way management policy that provides clear direction regarding what are appropriate uses of the public right of way” The change in the permit process updates the policy regarding signs within the Central Core public ROW and provides clearer direction than the current regulation does. SUMMARY OF PROPOSED CHANGES: Current Proposed F. Non-conforming Signs. F. Non-conforming Signs. 1. Any sign existing on the date of adoption of this 1. Any permanent sign existing on the date of chapter that does not conform with the provisions of adoption of this chapter that does not conform with this Code is eligible for characterization as a "legal the provisions of this Code is eligible for nonconforming sign" and is permitted to remain characterization as a "legal nonconforming sign" and except as specified below is permitted to remain except as specified below G. Permit Process. G. Permit Process. All requests for a sign permit, when required, must All requests for a sign permit, when required, must provide the following: provide the following: […] […] 3. Applicants requesting to place a sign on a public 3. Applicants requesting to place a sign on a public sidewalk in the Central Core (CC zoning) must apply sidewalk in the Central Core (CC zoning) must apply for an encroachment agreement. for a sign permit and submit a copy of their certificate of commercial liability insurance policy with the City of Spearfish listed as an additional insured. STAFF RECOMMENDATION: Approve PUBLIC COMMENTS: Notice of a public hearing was published on July 25, 2020. 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: 8/4/2020  Spearfish Planning Commission Staff Report Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish SD 57783 Meeting time and August 4, 2020 at 3pm date: Applicant: City of Spearfish Request: Approve a change in zoning from County Agriculture to City Agriculture Action: Hold a public hearing and make a recommendation to the City Council Location: City limit line Lawrence County The South 17 feet of the North 50 feet of the NW1/4NE1/4; and the South 17 feet of the North 50 feet of the NW1/4 except Lot H2 all Located in Section 21, T6N, R3E, B.H.M., Elkhorn Ridge Addition, City of Spearfish, Lawrence County, South Dakota. (yellow line) Proposal Apply a city zoning district to this strip of land which is the location of city water and Summary: sewer mains. No development potential exists on this property. Page 1 Spearfish Planning Commission Staff Report Meeting Date: 8/4/2020 BACKGROUND AND HISTORY: • City Council initiated and approved annexation on 7-20-2020 This corridor contains underground water and sewer mains that may need upgrading to serve the Sky Ridge workforce housing property. This corridor was included in the Planning Commission’s recommended boundary of Tax Increment District 6. Since this land was conveyed to the City from the County by a deed, the zoning must be changed to a specific city zoning district. STAFF RECOMMENDATION: Approve PUBLIC COMMENTS: Notice of the public hearing has been sent to adjacent landowners and published in the newspaper. ATTACHMENTS: Page 3 – Aerial and Zoning Map 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 Page 2 Spearfish Planning Commission Staff Report Meeting Date: 8/4/2020  Zoning Legend Gray – Development Review District Green – Agriculture Yellow – Location of 17-foot-wide parcel to be zoned from County Agriculture to City Agriculture Dash – City Limits Line Colorado Blvd Development Review District Rainbow Rd Page 3 Spearfish Planning Commission Staff Report Meeting Date: 8/4/2020  PLANNING COMMISSION UPDATE MEMORANDUM Date: 8/4/2020 TO: Planning Commission FROM: Jayna Watson, City Planner Daniel Van Holland, Assistant City Planner RE: Zoning changes for garage apartment. Staff has received several inquiries from residents about converting garages into apartments. This is technically allowable per the City Code, however regulations make it difficult in practice. Per the code, • If a structure meets IRC requirements, it may be occupied • R-2, R-3, C-1, and C-2 zoning districts– all allow for multiple dwellings on a single lot • R-1, RLS, AG – all conditionally allow for a second residence/guest house or a second dwelling The issue, however, is that a dwelling is not an accessory structure and is subject to primary use setback requirements. Garages are accessory and are not built within the same building envelope as a primary use structure would be. This makes it difficult for any garage-apartment conversion to meet the primary use setbacks without moving the entire structure: a great cost to the property owner. Staff is seeking Planning Commission guidance on whether to change the language so that second dwellings function as an accessory use, making garage-apartment conversions possible in practice. 1035 Ames Ave 740 8th Street and 739 State Street 504 State Street