Planning Commission

Spearfish Planning Commission Agenda Tuesday, September 1, 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 August 18, 2020 D. Declaration of Conflicts of Interest E. Items for Action 1. Request: Initiate a change to Chapter 15A Subdivisions Sec. 15A-95. Water and sewer facilities Location Citywide Applicant: City of Spearfish Action: Set a public hearing for September 15, 2020 2. Discussion Zoning Ordinance change to set parking rate for studio/efficiency Item: apartments 3. Discussion Zoning changes to accommodate conversion of garages or other Item: accessory structure with non-conforming setbacks to apartments 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 Regular Session Minutes August 18, 2020 The Spearfish Planning Commission met in regular session on Tuesday, August 18, 2020 at 3:00 p.m. in the Council Chamber. Chairman Kruskamp called the meeting to order at 3:01 pm. Roll call was taken with the following members present: Toby Bordewyk , Larry Vavruska, Barbara Zwetzig, Greg Kruskamp, Meghan Byrum, and Bob Meyer. Absent: Drew Skjodal. Also present: City Planner Jayna Watson, City Attorney Ashley McDonald, City Administrator Mike Harmon, and Assistant City Planner Daniel Van Holland. APPROVAL OF MINUTES: Zwetzig moved, Vavruska seconded, and all voted to approve the minutes from August 4, 2020. DECLARATIONS OF CONFLICTS OF INTEREST: Kruskamp called for any potential conflicts of interest to be identified. No conflicts were expressed. 1. Request: Approve the project plan for Tax Increment Financing district #6 Location: Tract V-1 of Sky Ridge Subdivision a Part of Tract V of Elkhorn Ridge Addition to the City of Spearfish, located in the NW1/4 of Section 22, T6N, R3E, BHM, Lawrence County, South Dakota as shown on the recorded plat in the office of the Lawrence County Register of Deeds The South 17 feet of the North 50 feet of the NW1/4NE1/4, Section 21, T6N, R3E, B.H.M., Elkhorn Ridge Addition, City of Spearfish, Lawrence County, South Dakota The South 17 feet of the North 50 feet of the NW1/4 except Lot H2, Section 21, T6N, R3E, B.H.M., Elkhorn Ridge Addition, City of Spearfish, Lawrence County, South Dakota The public right of way and section line easements immediately adjacent to the above legal descriptions, except Lot H2, 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 Watson explained the history of the proposal, the proposed plan, and state statute regarding tax increment financing. The Planning Commission discussed the proposed home prices, if blight was used for justification, when the Colorado Boulevard traffic study would be completed, if the sports complex is to be included in the TID, how the homes are valued, ownership of the proposed lots, how the sales will be handled, how state aid to schools is handled, and asked for clarification regarding language and data within the project plan concerning the 35% increase in expenditures allowed by state law. Byrum moved, Zwetzig seconded and all voted to recommend approval to the City Council. 2. Request: Initiate a change to Appendix A Zoning, Article I. Definitions and Article V. Supplementary Regulations, Section 3. Minimum off-street parking requirements, to define and add a parking rate for studio/efficiency apartments Location: Citywide Applicant: City of Spearfish  Spearfish Planning Commission Page 2 Regular Session Minutes August 18, 2020 Action: Set a public hearing for September 8, 2020 Watson presented the proposed changes to the zoning ordinance. The Planning Commission discussed the studio unit square footage requirements, the parking calculations, and if size or number of bedrooms should be regulated. The Planning Commission determined that more discovery was needed. Bordewyk moved, Vavruska seconded and all voted to continue the discussion. 3. Discussion Item: Zoning changes to accommodate conversion of garages to apartments Van Holland presented staff research and possible regulations. The Planning Commission discussed possible size thresholds, lot coverage requirements, rental restrictions, and location restrictions. The Planning Commission recommended a working group be assembled for further input. PUBLIC COMMENT No public comment received CITY COUNCIL UPDATE: Watson updated the Planning Commission on items from the August 17, 2020 City Council meeting, including the proposals for the Jackson Boulevard sign and discussion on renegotiating a ground lease on Lookout Mountain ADJOURNMENT: There being no further business to come before the commission, Kruskamp adjourned the meeting at approximately 4:45 p.m.  Spearfish Planning Commission Staff Report Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish SD 57783 Meeting time September 1, 2020 at 3pm and date: Applicant: City of Spearfish Initiate a change to Chapter 15A Subdivisions Sec.15A-95. Water and Request: sewer facilities Action: Set a public hearing for September 15, 2020 Location: Citywide Proposal This amendment will allow on-site wastewater systems (septic) for one (1) Summary: acre parcels zoned Agriculture (AG). BACKGROUND AND HISTORY: • Currently, only lots zoned Rural Large Lot Single Family (RLS-1) at or larger than eight (8) acres are not required to connect to municipal water and sewer systems. • State Administrative Rule 74:53:01:16 sets the minimum lot size for private, on-site wastewater systems at 43,560 square feet (1 acre) when a private well is located on the lot and 20,000 square feet if a private water system is not present. • Several areas within the City, zoned AG, are unable to connect to City sewer due their distance from existing sanitary sewer mains and/or due to challenging topography. • The Woodlands neighborhood is zoned AG and developed with city water and septic because gravity sewer was not technically feasible since the existing sewer is higher in elevation than this neighborhood. • This change will allow many of these lots to qualify for private on-site wastewater systems in lieu of a City sewer main connection. The land owners north of I-90 and east of Rainbow Road have requested the ability to develop one acre residential lots using septic systems but with city water services, which is the primary reason this request is being presented although this option would apply to all locations zoned AG. REVIEW CRITERIA AND STAFF ANALYSIS: This ordinance revision is guided by South Dakota Codified Law (SDCL) Chapter 11-6-27 Recommendation and adoption of subdivision regulations—Purpose of regulations—Notice and public hearing required. Page 1 Spearfish Planning Commission Staff Report Meeting Date: 9/1/2020 SDCL states that “the planning commission shall recommend and the council shall by ordinance adopt regulations governing the subdivision of land within its jurisdiction.” The State Department of Environment and Natural Resources (DENR) regulations, as listed in Administrative Rules 74:53:01:16, sets the on-site wastewater system lot size requirement at 1 acre when a private well also exists on the lot, and 20,000 square feet when a well does not. Lowering the exemption from eight (8) acres to one (1) would bring City Code into greater uniformity with State regulations. Further, there exists several parcels within the City currently zoned as AG and sized at one acre or greater. Infrastructure does not exist in these areas and, due to the topography and distance, extending mains to these parcels is not feasible. Key considerations for this request include: • Increases the availability of larger, semi-rural residential lots within city limits. • Ensures that lots are served with a closed public water system; low risk of drinking water contamination from drain fields. • Provides an alternative to sewer lift stations which pump wastewater to the gravity system from areas that are lower in elevation. • Future proposals for annexation using this standard will need to be evaluated for the cost/benefit to the city since generally, the primary goal of annexation is for urban levels of development, not, large lot development patterns. SUMMARY OF PROPOSED CHANGES: Current Text Proposed Amendment Sec. 15A-95. Water and sewer facilities Sec. 15A-95. Water and sewer facilities (b) For lots eight (8) acres and larger, (b) For lots eight (8) acres and larger and connection to the municipal water and sewer zoned Rural Large Lot Single Family (RLS-1), system is not required. Private/shared wells connection to the municipal water and sewer and private disposal systems are permitted per system is not required. Private/shared wells city code Chapter 18, Article III Division 3 and and private disposal systems are permitted per shall be designed and stamped by a registered city code Chapter 18, Article III Division 3 and professional engineer. will be designed and stamped by a registered professional engineer. (c) For lots one (1) acre and larger and zoned Agriculture (AG), connection to the municipal sewer system is not required and connection to the municipal water system is required. (d)Wires for locating water and sewer services will be installed (attached to outside of line) with new or replacement lines from the main to the outside of the structure it serves. (This will not be required on existing lines until the line is replaced). (e)Stubbed water lines will include curb stop, Page 2 Spearfish Planning Commission Staff Report Meeting Date: 9/1/2020  curb box, and rod extension from curb valve to top of the curb box. (f)Water and sewer services stubbed into properties will be marked at top of curb with a "W" and an "S" respectively. STAFF RECOMMENDATION: Set a public hearing for September 15, 2020 PUBLIC COMMENTS: Notice of a public hearing will be published on September 5, 2020 ATTACHMENTS: Page # - Zoning Map North of Colorado Boulevard Page # - Utility Map North Colorado Boulevard Page # - Zoning Map Northwest of Maitland Road Page # - Utility Map Northwest of Maitland Road Page # - Zoning Map West of Hatchery and Tinton Road Page # - Utility Map West of Hatchery and Tinton Road Page # - Zoning Map North of Exit 14, Along Highway 85 Page # - Utility Map North of Exit 14, Along Highway 85 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: 9/1/2020 Legend: Green – AG zoning Gray – Development Review District (DRD) zoning Pale Yellow – Airport Zoning (APZ) Red lines – parcel boundaries Page 4 Spearfish Planning Commission Staff Report Meeting Date: 9/1/2020 Legend: Blue lines- water Green lines – sanitary sewer Red line – City limits Page 5 Spearfish Planning Commission Staff Report Meeting Date: 9/1/2020 Legend: Green – AG zoning Dark Blue – Parks Yellow – Single-family (R1) zoning Pink Checkered – Planned Unit Development (PUD) Red lines – parcel boundaries Page 6 Spearfish Planning Commission Staff Report Meeting Date: 9/1/2020 Legend: Blue lines- water Green lines – sanitary sewer Red line – City limits Page 7 Spearfish Planning Commission Staff Report Meeting Date: 9/1/2020 Legend: Green – AG zoning Dark Blue – Parks Yellow – Single-family Residential (R1) Pink Checkered – Planned Unit Development (PUD) Light Pink – Central Commercial (C1) Dark Pink – Central Core Commercial (CC) Orange – Single- and two-family Residential (R2) Dark Gray – Multi-family Residential (R3) Blue Checkered – School Red lines – parcel boundaries Page 8 Spearfish Planning Commission Staff Report Meeting Date: 9/1/2020 Legend: Blue lines- water Green lines – sanitary sewer Dark Red line – City limits Page 9 Spearfish Planning Commission Staff Report Meeting Date: 9/1/2020 Legend: Green – AG zoning Light Green – Rural Large Single Family (RLS) Gray – Development Review District (DRD) Dark Blue – Parks Yellow – Single-family Residential (R1) Light Pink – Central Commercial (C1) Dark Pink – (Central Core Commercial) CC Orange – Single- and two-family Residential (R2) Light Blue - Light/Restrictive Industrial (ILR) Red lines – parcel boundaries Page 10 Spearfish Planning Commission Staff Report Meeting Date: 9/1/2020 Legend: Blue lines- water Green lines – sanitary sewer Yellow line – Sanitary Sewer district boundary Red line – City limits Page 11 Spearfish Planning Commission Staff Report Meeting Date: 9/1/2020  PLANNING COMMISSION UPDATE MEMORANDUM Date: 9/1/2020 TO: Planning Commission FROM: Jayna Watson, City Planner Daniel Van Holland, Assistant City Planner RE: Studio/Efficiency Apartment Parking Discussion At the last meeting, staff proposed to add a new definition to the code to create a new classification of multi-family dwellings, studio/efficiency apartments, and assign it a parking requirement. The Commissioners discussed whether the classification should be based on unit size or number of bedrooms and what the required number of spaces should be. Staff is seeking further input, from the public and the Commission, on these issues. Staff has conducted research into other cities’ regulations. The other cities do differentiate between “standard” apartments and “studio/efficiency” apartments, with the latter typically assigned a smaller parking requirement. Regulations based on the number of bedrooms is common among these cities. Please find attached, a table summarizing the parking requirements for multi-family and studio apartments from the other cities’ zoning codes. The standard used by the City of Brookings appears to meet the Spearfish goals of having a targeted approach to parking calculations based on likely occupancy of the units. Staff has reached out to members of the real estate community to provide input for the Planning Commission meeting.  City Use Parking Requirement 1.5 spaces per studio or 1 BR unit Sioux City Apartment 2.5 spaces for 2+ BR units Apartment Complex 1.50 per dwelling unit Rapid City Detached dwellings and some One space per dwelling unit – two attached dwellings for each unit with three or more bedrooms Sioux Falls Attached dwelling and multiple 1.5 spaces per each unit of one-two dwellings bedrooms 2 spaces for each unit with three or more bedrooms Apartment buildings with not more 2 spaces per unit plus one space for than 24 units each bedroom in excess of one bedroom Apartment buildings with more than 1.5 spaces for an efficiency or one- Brookings 24 units bedroom 2.25 spaces for two bedroom 3.25 for three bedroom One space for each bedroom for units containing more than 4 bedrooms 2 parking spaces per each dwelling Multiple-family (three or more Vermillion unit or 1 parking space per each dwelling units) bedroom, whichever is greater Multi-family 2.25 per unit Spearfish Definition: Studio/Efficiency Apartment means a dwelling unit in which the normal functions of several rooms – excluding the bathroom - are combined into one room and does not exceed a total of 600 square feet per dwelling unit.  PLANNING COMMISSION UPDATE MEMORANDUM Date: 9/1/2020 TO: Planning Commission FROM: Jayna Watson, City Planner Daniel Van Holland, Assistant City Planner RE: Garage Apartments Discussion #3 Last meeting, Planning Commission continued discussion on permitting accessory dwelling units (ADUs) to follow the accessory structure setback requirement. Staff presented Rapid City’s ordinance on this issue and the Commission discussed concerns with ADUs, such as size considerations, expansion, owner-occupied status, and legal nonconforming properties. Attached is a list of proposed regulations for an ADU ordinance based on Planning Commission feedback. Possible Regulations: For all conversions of existing accessory structures to accessory dwelling units, all building code standards, including, but not limited to, regulations regarding the foundation and parts of the building, must be met. Failure to meet building code standards will result in a certificate of occupancy being rejected. All structures on a lot must remain under the designated max lot coverage A second story and expansion within the building envelope are allowed so long as the gross floor area of the second dwelling remains less than or equal to 50% of the gross floor area of the primary structure. Second dwellings at or under 50% of the primary structure’s floor area that meet the accessory structure setbacks are a permitted use in R-2, R-3, CC, C-1, and C-2 zoning districts. Second dwellings at or under 50% of the primary structure’s floor area that meet the accessory structure setbacks are a conditional use in R-1, RLS, and AG zoning districts. Second dwellings at or under 50% of the primary structure’s floor area with legal nonconforming accessory structure setbacks are permitted, so long as they comply with all building code standards and all other zoning regulations. Second dwellings in a nonconforming setback area may not expand further into the nonconforming setback area. Conversions of existing accessory structures to ADUs that are greater than 50% of the primary structure’s floor area must meet the primary structure setback requirements. ADUs may only be permitted on properties where the owner resides. An owner may occupy either the primary or accessory dwelling.