Planning Commission

Spearfish Planning Commission Agenda Tuesday, October 6, 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 September 15, 2020 D. Declaration of Conflicts of Interest E. Items for Action 1. Request: Amend Appendix A. Zoning, Article V. Supplementary Regulations, Section 7. Nonconforming uses. Location: R1, R2, and R3 zoning districts Applicant: City of Spearfish Action: Set a public hearing for October 20, 2020 2. Request: Amend Appendix A Zoning Article II. Definitions and Article V. Supplementary Regulations, Section 3. Minimum off-street parking requirements. Location: C1 and CC zoning districts Applicant: City of Spearfish Action: Hold a public hearing and make a recommendation to the City Council 3. Request: Approve a conditional use permit (CUP) to allow a publicly owned facility in an R2 district Location: Original Town Lots 9, 10, 11 & 12 Blk 65 Applicant: City of Spearfish Action: Set a public hearing for October 20, 2020 4. Discussion Discuss whether to require inspections for septic systems within city Item: limits 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 September 15, 2020 The Spearfish Planning Commission met in regular session on Tuesday, September 15th, 2020 at 3:00 p.m. Chairman Kruskamp called the meeting to order at 3:00 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 Administrator Mike Harmon, City Attorney Ashley McDonald, and Assistant City Planner Daniel Van Holland. APPROVAL OF MINUTES: Vavruska moved, Zwetzig seconded and all voted to approve the minutes of the September 1, 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: Amend Chapter 15A Subdivisions Sec. 15A-95. Water and sewer facilities Location: Ag Zoning Districts Applicant: City of Spearfish Action: Hold a public hearing and make a recommendation to the City Council Kent Woodmancey gave a presentation regarding State regulations on private wastewater systems. Watson further explained the proposed ordinance change and where it would apply within the City. The Planning Commission discussed whether inspection requirements should be implemented, when a system should serve multiple households, regulations regarding backup systems, impacts on nearby water wells, the role of centralized water systems, potential design requirements, and potential restrictions on development with this proposal. Chairman Kruskamp opened the public hearing. Joe Jorgenson and Rick Furnish provided input. Chairman Kruskamp closed the public hearing. Meyer moved, Vavruska seconded and all voted to recommend approval to the City Council. Meyer further moved to recommend to the City Council to investigate requirements for septic system inspections. Vavruska called for a point of order regarding a vote on a topic not listed on the agenda. Chairman Kruskamp closed discussion before a second to Meyer’s motion regarding inspections was made and the motion died for lack of a second. Kruskamp requested that discussion regarding septic system inspections take place at a future time. 2. Request: Amend Appendix A. Zoning, Article II. Definitions and Article V. Supplementary Regulations, Section 3. Minimum off-street parking requirements Location: C1 and CC zoning districts Applicant: City of Spearfish Action: Set a public hearing for October 6, 2020 Watson explained the proposal. Commissioners discussed the potential parking impact, studio apartment being used as a bunkhouse, and the combined impact with item 3 on the agenda regarding conversion of accessory buildings into dwellings. Vavruska moved, Byrum seconded and the Planning Commission voted 4-1, with Bordewyk dissenting, to set a public hearing for October 6, 2020. 3. Request: Amend Appendix A. Zoning, Article V. Supplementary Regulations, Section 7. Nonconforming uses. Location: R1, R2, and R3 zoning districts Applicant: City of Spearfish Action: Set a public hearing for October 6, 2020  Spearfish Planning Commission Page 2 Regular Session Minutes September 15, 2020 The Planning Commission did not hear nor take any action on this item, due to time constraints for the meeting. Staff stated that this item will be placed on the next meeting agenda on October 6, 2020. CITY COUNCIL UPDATE: Watson updated the Commission on previous City Council business, including the bid opening for the Sky Ridge development and the relocation of pedestrian bridges over Spearfish Creek. PUBLIC COMMENT No public comment received. ADJOURNMENT: Chairman Kruskamp adjourned the meeting of the Planning Commission at 4:12 PM to allow the Public Works Committee to begin at 4:15 PM. Further discussion on items not heard will be held on the next meeting for October 6, 2020.  Spearfish Planning Commission Staff Report Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish SD 57783 Meeting time October 6, 2020 3pm and date: Applicant: City of Spearfish Request: Amend Appendix A. Zoning, Article V. Supplementary Regulations, Section 7. Nonconforming uses Action: Set a public hearing for October 20, 2020 Location: R1, R2, and R3 zoning district This change will allow for accessory structures to be converted into second Proposal dwelling units without having to meet the primary structure setback Summary: requirements. This only will apply to buildings that exist as of the date this new regulation goes into effect. BACKGROUND AND HISTORY: • Several residents have expressed interest in converting existing garages into dwellings they can rent or occupy. • The city does allow this, so long as all zoning regulations, including setback requirements, and building code requirements are met. Most detached garages in the older neighborhoods , however, do not meet primary structure setbacks and many garages have legal nonconforming setbacks. • Staff and Planning Commission have researched and discussed possible options and regulations to allow for these conversions. • This change will allow for accessory structures to be converted into second dwellings so long as they meet accessory structure zoning requirements, all building code requirements for dwellings, AND encompass the same building footprint of the original structure • This change will also allow accessory structures with legal nonconforming setbacks, existing on or before the date this ordinance vests, to be converted into second dwellings, so long as they meet other zoning requirements and all building code requirements. Previous conversations on this topic have included possible standards for maximum footprint and maximum square footage related to the primary structure. These standards are no longer recommended because the focus of this change relates to existing structures that are converted to a dwelling. Because the structure exists, it is irrelevant to add another standard to regulate its maximum size. Adding a second story to an existing structure would not be permitted. REVIEW CRITERIA AND STAFF ANALYSIS: Page 1 Spearfish Planning Commission Staff Report Meeting Date: 10/6/2020 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. Staff has received several inquiries into whether converting garages into dwellings is something that the City allows. Technically, it is but City requirements make it difficult in practice. This change makes such a conversion more plausible in practice. b) Be consistent with the intent and purposes of the ordinance. Second dwellings are already permitted in R2 and R3 districts and are conditional in R1 districts. Conversions are technically allowed per the code, but other regulations make it difficult to build them. This change explicitly states when and how these conversions can be allowed and what standards they must meet for approval. c) Not directly or indirectly adversely affect any other part of the ordinance. All zoning and building code standards remain the same. The only part of the code impacted by this change is the setback requirements within the district regulations. The proposed new rules would not allow these converted structures to expand beyond existing building footprints. Standard accessory structure setbacks do not interfere with utility easements or public rights-of-way. Structures with legal nonconforming setbacks may interfere with easements and rights-of-way, any conflicts with utilities will be resolved at the time a permit is requested. d) Be consistent with and not in conflict with the Spearfish comprehensive plan. Strategy 3 for the Contiguous City states the City will “encourage the adaptive re-use of existing structures and under-utilized lands to raise the visual quality and vitality in the community, reduce sprawl, and make efficient use of existing community infrastructure.” This change allows for adaptive re-use of existing structures by converting accessory structures into homes. By providing additional housing within areas already in city limits, sprawl can be reduced and there is no need for additional roads or utility mains, making efficient use of existing infrastructure. Implementation point 1 for Land Use and City Form states that the City will “adopt creative zoning, subdivision and development tools and standards to allow for the introduction of dis-similar, but compatible land uses into the existing fabric of the community, while also promoting smarter, more sustainable growth within city limits and extra territorial locations.” This change sets standards for a creative zoning/development tool that introduces a dissimilar but compatible use, an accessory dwelling in residential zones. Existing assets and structures are re-used and can help meet the demand for affordable housing without the City acquiring more land or constructing new infrastructure, thereby promoting smarter, more sustainable growth. SUMMARY OF PROPOSED CHANGES: Proposed Text changes shown in RED Article V. Supplementary Regulations, Section 7. Nonconforming uses A. General provisions. A nonconforming use of a building and land at the time of the adoption of this ordinance is deemed to be "grandfathered" and may be continued although the use does not conform with district regulations. Such use may be extended throughout the building, provided no structural Page 2 Spearfish Planning Commission Staff Report Meeting Date: 10/6/2020 alterations, except those required by law or ordinance, are made. B. Continued use. 1. Whenever a district is changed, any existing nonconforming use in the changed district may be continued, provided all other regulations governing the use are complied with; 2. A nonconforming use, if converted to a conforming use, shall not be changed back to a nonconforming use; 3. Where a building or signs located in a district restricted against its use has been wholly or partially destroyed by fire or other calamity, a permit shall be granted for its reconstruction within a period not to exceed twelve (12) months from the date of its destruction; 4. Where a nonconforming use has existed and it is not exercised or continued for a period of one hundred eighty (180) days, the use shall cease to exist. Thereafter, uses shall conform to the district in which such premises or building is located. 5. Where a nonconforming use exists, it cannot change to another nonconforming use of different quality and characteristics unless the use is more compatible with the characteristics of the neighborhood in which it is located. Where a nonconforming use has changed to a more compatible use, it shall not be changed back to a less compatible use. (Ord. No. 969, 8-18-03) C. Conversion of an Existing Accessory Structure to a Dwelling Unit in R1, R2, and R3: 1. The structure to be converted to a dwelling must exist as of (effective date of the ordinance). 2. The conversion of the structure cannot increase the square footage of the existing structure’s building footprint. Non-conforming setbacks that exist are permitted to remain but shall not be reduced. 3. The structure must meet all building and fire code requirements. 4. The structure cannot be located within any public street or alley right of way. STAFF RECOMMENDATION: Set a public hearing for October 20, 2020 PUBLIC COMMENTS: Notice of a public hearing will be published on October 10, 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 3 Spearfish Planning Commission Staff Report Meeting Date: 10/6/2020  Spearfish Planning Commission Staff Report Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish SD 57783 Meeting time October 6, 2020 at 3pm and date: Applicant: City of Spearfish Amend Appendix A Zoning Article II. Definitions; Article V. Supplementary Request: Regulations, Section 3. Minimum off-street parking requirements. Action: Hold a public hearing and make a recommendation to the City Council Location: Central Commercial, Central Core Commercial This amendment will define and assign a parking requirement for Proposal studio/efficiency apartments located in the C1 and CC zoning districts and will Summary: also refine the shared parking agreement provision. BACKGROUND AND HISTORY: • There is increasing interest in developing smaller, studio/efficiency apartments within the downtown area. • Studio/efficiency apartments are not specifically defined in the City code and carry the standard 2.25 parking spaces for a multi-family residence. • Potential developers have noted the difficulty in building studio/efficiency apartments on the smaller downtown lots due to the parking requirement. • This change will define studio/efficiency apartments and assign a parking requirement of 1.5 spaces per unit. The most recent input from the planning commission suggested additional review of the following: • Apply the studio parking rates to the downtown zoning districts only. • Apply a square footage factor to the studio parking ratio. • Identify options for shared parking to capture other nearby available parking. Staff’s recommendation includes limiting the studio and one-bedroom parking rates to the CC and C1 zoning districts. The square footage factor was not included because a large, high amenity studio space could still be occupied by one or two people. The higher parking rates are directly related to how many individual bedrooms are possible, representing a maximum number of tenants in each dwelling. Revision to the shared parking regulations will clarify that the same parking space can be credited for two different land uses within any zoning district. The existing code language does not recognize that Page 1 Spearfish Planning Commission Staff Report Meeting Date: 10/6/2020 two different land uses on the same parcel, or nearby each other, could benefit from sharing parking when each use has a different time of peak parking. For example, a retail building requiring daytime parking for 30 vehicles could share parking with a small apartment building that requires 10 parking spaces overnight. Rather than prescribe an exact formula for shared parking, staff recommends that the use with the highest parking demand be the parking provided with the Planning Commission and City Council having the discretion to approve or deny the request based on each individual situation. 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. There is increasing interest in constructing smaller, single bedroom studio/efficiency apartments within the downtown area. However, the small lots within the downtown area are often unable to provide for the required off-street parking requirements for dwelling units. b) Be consistent with the intent and purposes of the ordinance. This change defines a new use and assigns it a parking requirement. This change allows for a new residential use that can more easily fit in the smaller lots within the C1 and CC. The change to the parking ordinance ensures that adequate parking is still provided, based on the assumption that either one person or one couple (2 persons) will occupy a studio/efficiency apartment, as opposed to a larger household for other apartment types. c) Not directly or indirectly adversely affect any other part of the ordinance. The change alters parking requirements for some multi-family dwellings. Studio/efficiency apartments only require 1.5 spaces instead of the 2.25 for multi-family dwellings. As a studio apartment is unlikely to be occupied by a larger household, the smaller parking requirement does not negatively impact the ordinance. d) Be consistent with and not in conflict with the Spearfish comprehensive plan. Strategy 3 for the Contiguous City states that the City will “encourage the adaptive re-use of existing structures and under-utilized lands to raise the visual quality and vitality in the community, reduce sprawl, and make efficient use of existing community infrastructure.” Current structures located within the CC and C1 district are often on lots too small to accommodate certain parking requirements. Several projects have been proposed to the City to transform derelict and underused lots and structures into small, studio apartments. These projects, however, often cannot proceed due to the parking requirement for multi-family dwellings. This change will allow for more adaptive re-use of structures and under-utilized land, allowing the city to meet a housing demand without acquiring new land or constructing new infrastructure. Strategy 3 of 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.” With a parking requirement that matches the likely occupancy of the studio type unit, this change will give property owners greater flexibility for projects located on smaller lots. This will encourage more mixed-use projects designed to accommodate both small, studio apartments with commercial uses. Page 2 Spearfish Planning Commission Staff Report Meeting Date: 10/6/2020 SUMMARY OF PROPOSED CHANGES: Proposed Text – Red indicates proposed changes. Article II. Definitions Structure means a combination of materials to form a construction that is safe and stable. Studio/efficiency apartment means a dwelling unit which the normal functions of several rooms – excluding the bathroom – are combined into only a single room. Temporary shelter means a facility that provides housing and support services to persons with no ordinary or regular residence as a result of domestic violence, unemployment, or other social or economic hardship. This definition excludes treatment centers Article V. Supplementary Regulations Section 3. Minimum off-street parking requirements No land shall be used or occupied; no structure shall be erected, altered, used or occupied, and no use shall be operated unless off-street parking facilities, in at least the amount required, are provided or available, and maintained in the manner set forth. Uses existing on the effective date of this ordinance shall not be reduced below the requirements of this section. [...] A. Minimum requirements. 1. Standards. a. Each off-street parking space shall be an area of not less than one hundred seventy-one (171) square feet, exclusive of access or maneuvering area, ramps, and other appurtenances as per the following standards (for illustration, see Appendix 2): [...] 3. Minimum amounts of off-street parking facilities required. The following minimum amounts of off-street parking facilities shall be provided. The classification of uses shall be deemed to include and apply to all uses and if the classification is not readily determinable it shall be fixed by the zoning administrator. a. Dwellings, one-family and two-family. Two (2) spaces per dwelling unit. b. Dwellings, multi-family. (1) 2.25 spaces per dwelling unit except for senior citizens housing which shall provide 1.5 spaces per unit. Page 3 Spearfish Planning Commission Staff Report Meeting Date: 10/6/2020  (2) In C-1 and CC zoning districts only, 1.5 spaces per studio/efficiency apartment dwelling unit or one- bedroom multi-family dwelling unit; 2.25 spaces per dwelling unit for all other multi family dwelling units. [...] 4. Combined parking facilities. The off-street parking facilities required of two (2) or more uses located on the same building site or an immediate proximity may be combined and used jointly under the following conditions:, provided that the facilities shall provide the sum total of the facilities required. a. The peak parking demand for each use takes place at different times of the day. b. The parking provided is based on the use with the greatest parking requirement. c. A plan showing land uses, and parking required/provided shall be presented to City Council for action, upon recommendation of the Planning Commission. d. If approved by City Council, a combined parking agreement signed by the owners of all affected parcels shall be recorded in the office of the Lawrence County Register of Deeds. [...] 6. Special plan for location or sharing of facilities. Off-street parking facilities may be located on another site or shared under the following procedure. a. Application for approval of special plan. An application for approval of a special plan shall be filed with the planning commission by the owner(s) of the entire land area to be included within the special plan. It shall include the owner(s) of all structures existing on the land and all encumbrances of the land and structures. The application shall contain such information required by this ordinance or deemed necessary by the zoning administrator and shall include plans showing the location of the uses or structures for which off-street parking facilities are required and the location of the proposed off-street parking. b. Review of application. Applications shall be reviewed by the planning commission and either approved or disapproved by the city council within ninety (90) days, except that the applicant may request a continuance. c. Recording of special plan. A copy of the plan shall be recorded as a restrictive covenant against the property. d. Amendment or withdrawal of special plan. A plan may only be amended or withdrawn pursuant to the same procedure as for approval. STAFF RECOMMENDATION: Approve PUBLIC COMMENTS: Notice of a public hearing was published on September 26, 2020. ATTACHMENTS: Page 4 Spearfish Planning Commission Staff Report Meeting Date: 10/6/2020 Page 6 - Map of areas affected. 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 5 Spearfish Planning Commission Staff Report Meeting Date: 10/6/2020 CC/C1 zoning Page 6 Spearfish Planning Commission Staff Report Meeting Date: 10/6/2020  Spearfish Planning Commission Staff Report Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish SD 57783 Meeting time and date: Tuesday, October 6, 2020 at 3pm Applicant: City of Spearfish Request: Approve a conditional use permit (CUP) to allow a publicly owned facility in an R2 district Action: Set a public hearing for October 20, 2020 Canyon Administration Building 5th Street Location: Original Town Lots 9, 10, 11 & 12 Blk 65 This proposal would allow the City to construct a designated storage area for vehicles near Proposal the City’s shop. Assets currently stored elsewhere would be relocated and a security fence Summary: will be installed: decluttering the immediate area and increasing the security of the City’s fleet assets. Page 1 Spearfish Planning Commission Staff Report Meeting Date: 10/6/2020 BACKGROUND AND HISTORY: • The property is owned by the City and is contiguous to the lot housing Public Works administration, the City’s garage, and many of the City’s fleet vehicles. • The property is in the R2 – One- and Two-Family Residential zoning district, which does allow publicly owned facilities as a conditional use. • The City owns another parcel where vehicles are stored in the open. • The City has been considering ways to reduce the sprawl of stored equipment and increase the security of City assets PROJECT DATA: Parcel size: ~28,000 square feet Number of lots: 1 Zoning District: R2 – Single- and two-family residential REVIEW CRITERIA AND STAFF ANALYSIS: 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. The parcel is owned by the City; the northern half is a gravel access route connecting the City facility immediately to the north to the alley leading to Elgin Street and the southern half is not utilized. The City would like to turn this parcel into a designated fleet and equipment storage ground. The entire area would be paved (the northern section is currently gravel) and fenced to provide greater security for the City’s assets. 6-foot, black chain link fencing would surround the property, with the southern and eastern fence lines slatted to screen the property from nearby residences. A line of Colorado Blue Spruce trees will be planted along the southern and western lot lines to provide adequate buffering from the site for the resident immediately to the south and to screen the facility from the street to the West (as opaque fencing over 4 feet is not allowed along frontages). Sliding gates will be placed at the access points leading to Canyon Street and the adjacent alleyway (see page 5 for a proposed site plan). Findings for the Conditional Use Permit are attached (see pages 9-11). STAFF RECOMMENDATION: Set a public hearing for October 20, 2020 PUBLIC COMMENTS: Notice will be sent to the official newspaper 10 days before the public hearing and property owners within 140 feet of the property will be notified via mail. A sign will also be posted on the property 10 days before the hearing stating the time and location of the public hearing. ATTACHMENTS: Page 3-5 – Aerial Images and Photographs of the Property Page 6 – Image of Proposal Page 7 – Examples of Proposed Improvements Page 8-9 – CUP application questionnaire Page 10-12 – 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: 10/6/2020 Canyon Admin Canyon Street Page 3 Spearfish Planning Commission Staff Report Meeting Date: 10/6/2020  Page 4 Spearfish Planning Commission Staff Report Meeting Date: 10/6/2020  Page 5 Spearfish Planning Commission Staff Report Meeting Date: 10/6/2020  Page 6 Spearfish Planning Commission Staff Report Meeting Date: 10/6/2020 Chain Link Fence with slates (left) and without (right) Line of Colorado Blue Spruce trees Page 7 Spearfish Planning Commission Staff Report Meeting Date: 10/6/2020  City of Spearfish CONDITIONAL USE PERMIT CRITERIA CHECKLIST Applicant Name: City of Spearfish Type of CUP Requested: Publicly owned building/facility/park Please describe in detail how your application for a Conditional Use Permit meets the following criteria: (Yes/No answers and referring to the submittal will not be accepted) 1. Describe how the proposed use is compatible with the location, physical character, and topographic features of the property: Immediately to the north of the property is the Canyon Administration facility - the City shop. This use would be an extension of that facility. Buffering measures will be taken to screen the facility from, and blend it with, with the surrounding residential area. The property slopes south to north and no major change of grade is proposed 2. Describe buffering measures along parcel boundaries that exist or will be or be incorporated to mitigate any visual impact of outdoor use areas onto adjacent property: Slatted fencing will be placed along the southern and eastern lot lines and Colorado Blue Spruce trees will be planted along the southern lot line and along Canyon Street to mitigate the visual impact to the adjacent residential property. Because the zoning code does not allow for opaque fencing greater than four feet tall and the City requires a 6-foot fence, the fencing along Canyon Street cannot be slatted. Colorado Blue Spruce trees will be planted along the frontage to provide the screening that the fence will not be able to provide. 3. If new lighting is proposed, describe how it is designed so that it does not unreasonably affect adjacent property: There will be bollard lighting (typically 48-60 inches tall within the fenced area to provide basic illumination but without creating an impact to the adjoining residences. 4. Describe the public safety issues related to the proposed use of the land, or surroundings, and if will there be an increased risk of an existing public safety issue: This increases public safety by storing heavy equipment and city-owned property within a secured area that will restrict the general public’s access to it. 5. Describe the existing or proposed pedestrian and vehicular access and parking including accommodations for bicycle transportation and transportation by persons with physical disabilities: The property will be an extension of the City’s fleet operations immediately to the North. Access, parking, and ADA accommodations already existing for the facility. Page 8 Spearfish Planning Commission Staff Report Meeting Date: 10/6/2020 6. Describe the methods to address any impacts to the adjacent properties that may result from parking; include dimensions of fencing, types of landscape or other buffering to be provided: A 6' black chain link fence with slats will be placed along three lot lines, shielding the facility from adjacent properties. Several Colorado Blue Spruce trees will be placed along the southern lot line and the right-of-way to the west to further buffer the facility 7. Describe the number of vehicle trips per day resulting from the use of the property, and compare it to the existing traffic volume on the adjoining street network: Currently, the property generates a daily traffic volume of about 50 unique trips. As more vehicles will be stored on the lot, this proposal will increase that daily traffic flow. However, as vehicles and equipment currently stored on other lots are relocated, the traffic impacted to those areas will see a corresponding reduction in vehicle trips. 8. Describe what types of noise may result from the property and compare it to the existing noise levels of the adjoining land uses. Various City vehicles and equipment are staged on and mobilized from the site, which creates a moderate to high noise level. With more vehicles stored and mobilized from this location, the noise level will be increased from moderate-high to just high for the immediate area. Areas where vehicles and equipment to be relocated here are currently staged will see a dramatic reduction in noise levels once removed. The increased level in this area will have a corresponding reduction of noise in other areas. 9. Describe what public services and utilities are available to accommodate the proposed use, and if these may adequately serve the use: All services are available to serve the property 10. Describe any existing property features, or planned improvements that will make the proposed use compatible with the surrounding area. 6' fencing with slats and a line of Colorado Blue Spruce trees will be installed to screen the facility from the surrounding area and to better blend into the zoning district. Page 9 Spearfish Planning Commission Staff Report Meeting Date: 10/6/2020 City of Spearfish Planning Commission 10-6-20 Conditional Use Permit Findings Applicant: City of Spearfish Location: Original Town Lots 9, 10, 11 & 12 Blk 65 Zoning: Single- and Two-Family Residential – R2 C.U.P. Request: #9 on R2- CUP list - Publicly Owned Facility Date of Planning Commission Public Hearing: October 20, 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; Publicly owned buildings/facilities/parks is an allowable use, the dimensions, location and type of fencing will comply with the code, and the dimensions, location and type of trees will comply with the code. The storage area will follow all relevant building and zoning codes. 2. The proposed use shall be eligible for a CUP based on the zoning district; The proposal is for allowing a publicly owned facility 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: No occupied structures will be constructed on the lot, so setback, coverage, and height restrictions do not apply in this case. The code requires that fences over 4 feet in a required front yard must be transparent. Slats will not be placed in the fencing that will run along Canyon Street to remain complaint with this rule. 4. The proposed use shall be compatible with the location, physical character, and topographic features of the property; The use is adjacent to the City’s garage, Public Works administration building, and current staging areas for equipment. The use is compatible with that property. Concerning the residences located in the immediate area, the use is less compatible but screening and buffering measures will be taken, via slatted fencing and lines of trees, to prevent this facility from damaging the physical character of the neighborhood. Page 10 Spearfish Planning Commission Staff Report Meeting Date: 10/6/2020 5. Buffering measures along parcel boundaries shall exist or be incorporated to mitigate any visual impact of outdoor use areas onto adjacent property; Colorado Blue Spruce trees will be planted along the southern and western lot line to mitigate the visual impact from Canyon Street and the residence immediately south. The fence will be slatted along the eastern lot line to screen the facility from residences across the alley. 6. If applicable, lighting from all sources shall be designed so that it does not unreasonably affect adjacent property; Additional lighting is not proposed for this project. 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; Increases in average daily traffic create more chances for vehicle accidents to occur. However, allowing a higher ADT use within a district is not, in and of itself, and unreasonable issue or increase. The use is not changing with this proposal, it is just being scaled up. The increased ADT in not an unreasonable public safety risk created by this proposal. 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; Parking and access will be available for the facility via the current offering at the Canyon Administration building. As an extension of that facility, this use will have adequate parking and access. 9. The proposed use shall not result in any unusual or unreasonable parking impacts; No parking impacts result from this proposal. 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 lot generates about 50 trips per day and this use will generate more vehicle trips. As the lot is currently a staging and mobilization area for City fleet and equipment, the new trips will not be unusual. The increase in trips for this area will reduce the number of trips in other areas where City vehicles and equipment are currently stored. Given this balancing of impact, the increased security of City assets, and centralizing of where the fleet is stored, this impact is not unreasonable. Further, the paving of the lot will reduce the dust pushed into the air from the daily traffic, reducing the impacts the high traffic has on the neighborhood’s residents and character. 11. The proposed use shall not result in an unusual or unreasonable level of noise; The noise level will increase as more vehicles will be stored and mobilized from Page 11 Spearfish Planning Commission Staff Report Meeting Date: 10/6/2020  this location than there currently are. The increase may be noticeable but will not be unusual or unreasonable as many of the City’s fleet is already staged and mobilized from this property. 12. Adequate public services and utilities shall be available to accommodate the proposed use; All services are available to this property 13. Additional imposed conditions, if any, will mitigate any probable adverse impacts of the proposed use. I verify that the above findings and conditions of approval by the Spearfish Planning Commission were made in a public hearing on October 20, 2020. ____________________________________________________ Greg Kruskamp, Planning Commission Chair Page 12 Spearfish Planning Commission Staff Report Meeting Date: 10/6/2020  PLANNING COMMISSION UPDATE MEMORANDUM Date: 10/06/2020 TO: Planning Commission FROM: Jayna Watson, City Planner Daniel Van Holland, Assistant City Planner RE: Septic System Inspection Requirements During the September 15 meeting, the Planning Commission discussed a possible requirement for septic system inspections. No vote on the matter was held but further discussion was recommended for the subsequent meeting. Staff has conducted research into Pennington County’s regulations regarding septic systems, with is the only local governing agency to have regulations in addition to state DENR requirements. The attached pages show staff’s summary of Pennington County’s main requirements. Staff seeks Planning Commission input on these requirements and on whether the City of Spearfish should follow similar rules. Staff will not look for a motion or a vote but will convey the content of the discussion to the City Council before they vote on the ordinance to enable septic systems on one acre lots. It will be at the sole discretion of the City Council as to whether or not an inspection requirement will be implemented.  Overview of Pennington County Septic System Regulations Site Requirements: - Percolation tests and eight (8) foot deep soil profile hole information required - Sufficient space for reserve on-site treatment area required - Required capacity based on number of bedrooms in all structures using the system - For new constructions, County evaluates initial design and inspects final constructions Service Provider Requirements: - All service providers require approval/certification from the County - Installers require county certification in addition to state certification and approved continuing education coursework – certification expires after 2 years - Operation and Maintenance providers must be certified by the system manufacturer and an approved service provider of the County. - Liquid waste pumpers must be certified by DENR and fill out a certification form every year. Operating Permit Requirements: - Systems currently in operation require an operating permit, which is valid for 6 years. - An Observation Form must be filled out by a certified liquid waste pumper of the owner’s choosing to detail any deficiencies in the existing system. County staff may be present at Owner’s request. - If a pumper finds no problems, a permit fee is paid, and the permit is issued - If problems are found, County notifies owner of necessary repairs - Permit is issued after repairs, and the payment of the fee, are completed Full zoning and subdivision regulations can be found at Pennington County’s website: https://www.pennco.org/index.asp?SEC=83DD1957-5A9D-4888-A993- A28A2FB01032&Type=B_BASIC Septic Inspection memo Page 2 Septic Inspection memo Page 3 Septic Inspection memo Page 4