Planning Commission

Spearfish Planning Commission Agenda Tuesday, November 17, 2020 - 3:00 PM Meeting Location: Zoom Join Zoom Meeting https://us02web.zoom.us/j/87894603143?pwd=V1FMZ0xLYnJmd01yemh2THhpTi83dz09 Meeting ID: 878 9460 3143 One tap mobile +13462487799,,87894603143#,,,,,,0#,,071436# US (Houston) +16699009128,,87894603143#,,,,,,0#,,071436# US (San Jose) Dial by your location +1 346 248 7799 US (Houston) +1 669 900 9128 US (San Jose) +1 253 215 8782 US (Tacoma) +1 312 626 6799 US (Chicago) +1 646 558 8656 US (New York) +1 301 715 8592 US (Washington D.C) Find your local number: https://us02web.zoom.us/u/kdpLK3nuSd A. Call To Order B. Roll Call C. Approve the Minutes from October 20, 2020 D. Declaration of Conflicts of Interest E. Items for Action 1. Request: Approve a change of zoning from (AG - Agriculture) to (RLS – Rural large lot single family) Location: 525 Rio Drive Applicant: Roger and Penny Gunderson Action: Set a public hearing for December 1, 2020 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 October 20, 2020 The Spearfish Planning Commission met in regular session on Tuesday, October 20th, 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 joined by phone. Absent: Drew Skjoldal. Also present: City Planner Jayna Watson, City Attorney Ashley McDonald, and Assistant City Planner Daniel Van Holland. APPROVAL OF MINUTES: Byrum moved, Vavruska seconded and the Planning Commission voted 4-1, with Meyer dissenting, to approve the minutes of the October 6, 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 Appendix A. Zoning, Article V. Supplementary Regulations, Section 7. Nonconforming uses. Location: R1, R2, and R3 zoning districts Applicant: City of Spearfish Action: Hold a public hearing and make a recommendation to the City Council. Watson explained the proposal. Commissioners discussed the frost protected footing requirements and what buildings could qualify. Chairman Kruskamp opened the public hearing. No comments received. Chairman Kruskamp closed the public hearing. Vavruska moved, Zwetzig seconded, and all voted the recommend approval. 2. 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 Block 65 Applicant: City of Spearfish Action: Postpone taking action, and set a new public hearing date for November 3, 2020 Watson explained the City needs time to review public comments received regarding this proposal. Bordewyk moved, Byrum seconded, and all voted to set the public hearing for November 3, 2020 3. Request: Review and approve changes (if needed) to the 2021 Planning Commission public meeting schedule Watson reviewed schedule options for 2021. Commissioners discussed their preferences. Vavruska moved, Byrum seconded, and all voted to hold the June 2021 meetings at 2:00 pm on the first and third Tuesdays. CITY COUNCIL UPDATE: Watson updated the Commission on previous City Council business, including the passing of the update to the subdivision code to allow septic tanks in AG zoning.  Spearfish Planning Commission Page 2 Regular Session Minutes October 20, 2020 PUBLIC COMMENT No public comment received. ADJOURNMENT: Chairman Kruskamp adjourned the meeting of the Planning Commission at 3:22 PM.  Spearfish Planning Commission Staff Report Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish SD 57783 Meeting time November 17, 2020 at 3pm and date: Applicant: Roger and Penny Gunderson Approve a change of zoning from (AG - Agriculture) to (RLS – Rural large lot Request: single family) Action: Set a public hearing for December 1, 2020 525 Rio Drive Location: Proposal This change of zoning will allow the property to be subdivided into 3 lots without Summary: needing to connect to City water of sewer and sets the minimum lot size at 8 acres, the minimum size for parcels to waive connecting to water or sewer. Page 1 Spearfish Planning Commission Staff Report Meeting Date: 11/17/2020 BACKGROUND AND HISTORY: • Annexed and rezoned to AG in 2007 • Surrounding zoning and development patterns: - North and South (county zoning) zoned A-1 general agriculture - County Suburban Residential District (SRD) South of Interstate - East and West (City zoning) AG - C-2 zoning East across Interstate • Site data: - Parcel size 37.26 acres - To be subdivided into 3 RLS parcels PROJECT DATA: Parcel size: 37.26 acres Number of lots: 1 existing;3 proposed Number of dwellings: 1 existing Setbacks required (for AG): Front: 25 Rear: 8 Side: 25 Proposed setbacks (for RLS): Front: 35 Rear: 20 Side: 35 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 surrounding area north of the interstate is largely undeveloped. The area is not currently identified as a major growth area because there currently are no water or sewer connections available. The feasibility of utility extensions into the area is limited due to the presence of the Interstate and the distance from existing infrastructure. b) Be consistent with the intent and purposes of the ordinance. Applicant plans to subdivide the parcel into three lots to be used as residential properties. AG zoned properties within may utilize private wastewater systems ONLY if they are connected to City water or if they are 200 feet away from existing infrastructure. This parcel does not meet either criteria. A rezone to RLS would allow the applicant to develop the three rural residencies and utilize onsite water and wastewater systems. c) Not directly or indirectly adversely affect any other part of the ordinance. Not applicable Page 2 Spearfish Planning Commission Staff Report Meeting Date: 11/17/2020  d) Be consistent with and not in conflict with the Spearfish comprehensive plan. Strategy 1 for the Developing City says “The overall location and arrangement of land uses for new development should follow a basic hierarchy starting with the more intense land uses on the major streets, and the less intense uses on the minor/local streets.” The property is adjacent to Rio Drive and Brookview Road – neither of which are major thoroughfares of the City. This less intense use corresponds with these minor roads. Further, the proposed use has a rural character, corresponding with the rural nature of the two streets. Strategy 2 for the Developing City says, “Create lower intensity land uses and open space corridors to buffer existing land use and proposed land uses of different densities.” South of the Interstate is a more intense residential area. East of Highway 85 is a commercial/industrial area. This parcel is within a corridor that is currently a rural/low intensity buffer leading into and out of more urban areas. The proposal does not change the rural character of this corridor and, thus, maintains the current buffer zone. While this is not a deliberate planning strategy for this corridor, until infrastructure becomes available, a more urban character is not possible. Ultimately, the division of this land is for the purpose of dividing an estate between several heirs, and NOT to solidify a rural character. STAFF RECOMMENDATION: Set public hearing for December 1, 2020 PUBLIC COMMENTS: Notice of a public hearing will be published on November 21, 2020. ATTACHMENTS: Page 4 - Zoning Map Page 5-7 - Applicant Narrative Page 8 - Preliminary Site Plan Page 9 – Preliminary Plat 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: 11/17/2020 Green = AG – Agriculture (City zoning) Red Checkered = A-1 General Agriculture (County zoning Solid Red = C2 – Highway Service Commercial (City zoning) Page 4 Spearfish Planning Commission Staff Report Meeting Date: 11/17/2020  Page 5 Spearfish Planning Commission Staff Report Meeting Date: 11/17/2020  Page 6 Spearfish Planning Commission Staff Report Meeting Date: 11/17/2020  Page 7 Spearfish Planning Commission Staff Report Meeting Date: 11/17/2020  Page 8 Spearfish Planning Commission Staff Report Meeting Date: 11/17/2020  Page 9 Spearfish Planning Commission Staff Report Meeting Date: 11/17/2020