Planning Commission

Spearfish Planning Commission Agenda Tuesday, January 5, 2021 - 3:00 PM Meeting Location: Zoom Online Meeting City Spearfish is inviting you to a scheduled Zoom meeting. Topic: Planning Commission Time: Jan 5, 2021 03:00 PM Mountain Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/83928540719 Meeting ID: 839 2854 0719 Dial by your location +1 346 248 7799 US Meeting ID: 839 2854 0719 Find your local number: https://us02web.zoom.us/u/k78SJXrR3 A. Call To Order B. Roll Call C. Approve the Minutes from December 1, 2020 D. Declaration of Conflicts of Interest E. Items for Action 1. Request: Approve a Conditional Use Permit for a Salon / Personal Services Location: 1545 N. Canyon Street Applicant: Ariana Rath Action: Hold a public hearing and approve the findings 2. Request: Approve a DRD Concept Plan Revision and Final Plan for an assisted living, memory care, and independent living facility and townhomes Location: Tract P Elkhorn Ridge – north of Colorado Blvd., east of Highway 85 Applicant: SLH Holdings, LLC Action: Set public hearing for January 19, 2021 3. Request: Approve a parking variance for a multi-family project Location: Lot 4B Block 9 Green Acres Addition (between 7th and 10th Avenues on 34th Street) Applicant: Pennbrook Limited Partnership Action: Make a recommendation and set public hearing for the Board of Adjustment for January 19, 2021 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 January 5, 2021 Agenda (continued, page 2) 4. Discussion Item: Solar / Photovoltaic regulations Applicant: City of Spearfish Action: View guest presentation, provide input 5. FYI: Election of Planning Commission Chair, Vice Chair at the January 19th meeting. F. City Council Update G. Public Comment - Public comments are welcome at this time, however, no action will be taken. Adjournment  Spearfish Planning Commission Regular Session Minutes December 1, 2020 The Spearfish Planning Commission met in regular session on Tuesday, December 1st, 2020 at 3:00 p.m. via Zoom video conference. 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 Skjoldal. Also present: City Planner Jayna Watson and Assistant City Planner Daniel Van Holland. APPROVAL OF MINUTES: Vavruska moved, Meyer seconded and the Planning Commission voted to approve the minutes of the November 17, 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: 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: Hold a public hearing and make a recommendation to the City Council Joe Jorgenson, on behalf of the applicant, explained the request. Watson provided further explanation and the City’s perspective. Commissioners discussed lot configuration and road access. Kruskamp opened the public hearing. No comment was received. Chairman Kruskamp closed the public hearing. Bordewyk moved, Vavruska seconded and all voted to recommend approval to the City Council. 2. Discussion Review and discuss the possibility of allowing larger scale photovoltaic Item: systems in AG zoned districts as a permitted use Watson explained the background of photovoltaic systems in the City, the current ordinance, and possible regulations. Commissioners discussed the practicality of large photovoltaic systems within an urban setting, the terminology to use, if megawatts or surface area are the appropriate regulatory item, the appropriate storage of energy and byproducts, applicable standards, different levels of approval based on use, and the conditionality of use. Further discovery will include consultation with experts. No action was taken. CITY COUNCIL UPDATE: Watson updated the Commission on upcoming City Council business, including the hiring of a new public works director, Van Holland’s transfer to code enforcement, progress on the Sky Ridge development, and the Miller Ranch development submittal. PUBLIC COMMENT No public comment received. ADJOURNMENT: Chairman Kruskamp adjourned the meeting of the Planning Commission at 3:57 PM.  Spearfish Planning Commission Staff Report Meeting Location: Zoom Online Meeting – instructions to join on page 3 Meeting Date and Time: January 5, 2021 at 3pm Applicant: Ariana Rath Request: Approve a Conditional Use Permit for a Salon / Personal Services Action: Hold a public hearing and approve the findings Location: 1545 N Canyon St. Spearfish Middle School Proposal Summary: This request will result in a salon business within an area of mixed and non-conforming uses. Page 1 Spearfish Planning Commission Staff Report Meeting Date: 1-5-2021 BACKGROUND AND HISTORY: • This parcel is surrounded by the following land uses: - North and south single family - East and west auto repair and fitness gym (both legal/non-conforming uses) - In the vicinity is the Spearfish Middle School • The property is in the R2 – One- and Two-Family Residential zoning district, which permits the Salon as Personal Services via a conditional use permit. • Applicant will upgrade the existing structure to enable the conversion to the salon. • This request requires an encroachment agreement for parking which is slated for approval by the City Council on January 4, 2021. • The property is in the 100-year floodplain and has submitted data indicating it can be removed from this zone. PROJECT DATA: Parcel size: 50 x 140 feet Building square footage: 26 x 30 – Personal services area is 20 x 30 = 600 square feet. Parking required/provided: 6 parking stalls required; 5 provided along the Rushmore Street right of way and 1 stall in the garage off the alley. Parking is based off 1 space per 100 square feet of public floor area (bathroom and mechanical room excluded). REVIEW CRITERIA AND STAFF FINDINGS: 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. Findings for the Conditional Use Permit are attached. The applicant proposes the conversion of a small residence into a salon use. Generally, the use is compatible with the surrounding properties and these land uses are identified on the aerial map on page four. As noted in summary above, a variety of land uses surround this parcel including several legal, non-conforming commercial uses. The predominant traffic pattern in the day is before and after school. Occasionally, cars waiting to pick up students will extend beyond the entry to the middle school in the afternoon. The salon parking will be off Rushmore and will not mix with the middle school related parking on Canyon. No change to the existing structure is proposed with all modifications taking place as interior updates to meet the needs of the salon. A full explanation of the conditional use permit criteria and findings is attached to the staff report on page 9 PUBLIC COMMENTS: No comments have been received. The applicant posted the property with a sign and public hearing notice was sent to owners within 140 feet and was also published in the newspaper. Page 2 Spearfish Planning Commission Staff Report Meeting Date: 1-5-2021  STAFF RECOMMENDATION: Approve per the findings ATTACHMENTS: Page 4 – Aerial Map Page 5 – Site Plan Page 6 - Floor Plan Page 7 – Property Photos Page 8 – CUP application questionnaire Page 9 – CUP Findings STAFF CONTACT: Jayna Watson, City Planner, 605-717-1122; jayna.watson@cityofspearfish.com City Spearfish is inviting you to a scheduled Zoom meeting. Topic: Planning Commission Time: Jan 5, 2021 03:00 PM Mountain Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/83928540719 Meeting ID: 839 2854 0719 One tap mobile +13462487799,,83928540719# US (Houston) +16699009128,,83928540719# 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) Meeting ID: 839 2854 0719 Find your local number: https://us02web.zoom.us/u/k78SJXrR3 Page 3 Spearfish Planning Commission Staff Report Meeting Date: 1-5-2021  Storage building (former school bus barn) Middle School Northern Hills Diesel 3-unit apartment building Barefoot Fitness Location of Salon CUP request – 1545 N. Canyon Surrounding Non-Conforming Land Uses Page 4 Spearfish Planning Commission Staff Report Meeting Date: 1-5-2021  Page 5 Spearfish Planning Commission Staff Report Meeting Date: 1-5-2021  Page 6 Spearfish Planning Commission Staff Report Meeting Date: 1-5-2021 Area to be improved for parking along Rushmore St. View of structure from Canyon St. Page 7 Spearfish Planning Commission Staff Report Meeting Date: 1-5-2021  Page 8 Spearfish Planning Commission Staff Report Meeting Date: 1-5-2021  City of Spearfish Planning Commission 1-5-2021 Conditional Use Permit Findings Applicant: Ariana Rath Location: 1545 N Canyon Street Zoning: Single- and Two-Family Residential – R2 C.U.P. Request: Personal Services - Salon Date of Planning Commission Public Hearing: January 5, 2021 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 a Personal Services Salon 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 standards of the R2 single-and two-family zoning district. Front setback: 12 feet required; 25 feet existing/Canyon, 15 feet existing/Rushmore. No changes to setback proposed. Side setback: 5 feet required; 3 feet existing/South Property line non-conforming Parking Spaces Required: 1 space for each 100 square feet for a total of 6 spaces. 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 diesel mechanics shop, fitness studio, apartment building, and the Spearfish Middle School. 5. Buffering measures along parcel boundaries shall exist or be incorporated to mitigate any visual impact of outdoor use areas onto adjacent property; No buffering is required to mitigate the salon use since all activities are indoors. The surrounding land uses have a significant amount of parking along the site frontages within the public right of way. 6. If applicable, lighting from all sources shall be designed so that it does not unreasonably affect adjacent property; No new exterior lighting is proposed. Page 9 Spearfish Planning Commission Staff Report Meeting Date: 1-5-2021 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; Like other locations nearby, the parking will be partly within the public right of way and will cross a sidewalk but the primary pedestrian traffic to the middle school is on Canyon Street. 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 building will have adequate handicapped access including a sidewalk that connects to the parking. 9. The proposed use shall not result in any unusual or unreasonable parking impacts; Parking within the public right of way exists on adjacent properties. The addition of 5 parking stalls does not create a significant impact on adjoining property. 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 salon is not open in the earlier morning hours when traffic going to and from the middle school is the highest. A total of 6-8 customers are expected per day. 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. 12. Adequate public services and utilities shall be available to accommodate the proposed use; Public services and utilities currently exist on this lot. 13. Additional imposed conditions, if any, will mitigate any probable adverse impacts of the proposed use. 1) Applicant must construct five paved parking spaces on the Rushmore Street frontage as shown on the site plan attached to the 1-5-2021 staff report page 4, and one parking space will be provided in the garage off the alley. 2) A handicapped accessible route from the handicapped parking space to the building entry must be provided. 3) A maximum of one unlighted 32 square foot sign is permitted. The sign must comply with all the terms of Zoning Ordinance Article V. Section 6. Sign Regulations and requires a permit. 4) All exterior site improvements must meet City of Spearfish engineering standards. 5) Applicant must apply for a building permit and floodplain permit (if applicable) and obtain 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 January 5, 2021 and that the Personal Services Salon is hereby approved. ____________________________________________________ Greg Kruskamp, Planning Commission Chair Page 10 Spearfish Planning Commission Staff Report Meeting Date: 1-5-2021  Spearfish Planning Commission Staff Report Meeting Location: Zoom Online Meeting – instructions to join on page 4 Meeting Date and Time: January 5, 2021 at 3pm Applicant: Pennbrook Limited Partnership Request: Approve a parking variance Action: Make a recommendation and set the Board of Adjustment Public Hearing for January 19, 2021 Location: Lot 4B Block 9 Green Acres Addition Proposal Summary: This request will result in 38 fewer parking stalls for this project. Page 1 Spearfish Planning Commission Staff Report Meeting Date: 1-5-2021 BACKGROUND AND HISTORY: • This parcel is zoned R-3. • A 62 unit apartment project is planned. • This project is being developed in partnership with South Dakota Housing which requires income limits for tenants and restricts rents accordingly, for forty years. • The developer has experience with similar projects in Sioux Falls where lower parking ratios than required by the Spearfish zoning code were used and parking demand is met. • The topography on the east end of the site is cited by the applicant as a topographic hardship imposed on the parking lot design and requires a retaining wall. PROJECT DATA: Parking required by the standard zoning ordinance is 2.25 stalls x 62 units = 140 parking stalls. The variance request is to compute parking as follows: 1.5 stalls x 12 one-bedroom units = 18 parking stalls 1.5 stalls x 34 two-bedroom units = 51 parking stalls 2 stalls x 16 three-bedroom units = 32 parking stalls 101 per applicant’s proposed parking ratio Site plan shows a total of 102 parking stalls REVIEW CRITERIA AND STAFF FINDINGS: Article VI. Section 2.D in the Variances section of the zoning code lists the following criteria that must be met. Staff’s analysis is in italics. D. Evaluation Criteria. A variance shall be approved only if the applicant is able to satisfy each of the following three (3) criteria: 1. The requested variance is not contrary to the public interest, as determined by the Board of Adjustment. In order to fulfill the public interest, the proposed variance must not: a. Alter the essential character of the locality or b. Endanger public safety. Finding: A change to the required parking will not affect the character of the location or endanger public safety. 2. The requested variance must result from special physical conditions on the property, which: a. Are natural or man-made surroundings, shape, or topographical conditions that do not result from persons presently having an interest in the property; or b. Because the property is situated within any of the following downtown core neighborhoods and has a lot width of seventy-five Page 2 Spearfish Planning Commission Staff Report Meeting Date: 1-5-2021  feet (75’) or less, or a square footage of less than eight thousand (8,000) square feet i. Original Town Plat ii. Uhlig Addition iii. Ramsdell Addition iv. West Addition v. Schar’s Addition Finding: Steep terrain on the east edge of the property requires a 6 to 7 foot tall retaining wall if the variance is approved. If the variance is not approved, the retaining wall will be 12 to 16 feet in height because it pushes the additional parking deeper in to the hillside. Section 2.b does not apply. 3. A literal enforcement of the provisions will result in unnecessary hardship. a. Because of the special physical conditions of the property, unusual hardship that would serve no public purpose would result to the owner if required to act in strict conformity with the provisions of the zoning regulations and the authorization of a variance is therefore necessary to enable the reasonable use of the property. b. The hardship must be unique to a particular piece of property to justify a variance, and not shared by all property in a particular zone Finding: In addition to the terrain described above, the applicant cites a special circumstance that due to the income restricted nature of the project, it is likely that there would be only one car/driver for the one- and two-bedroom apartment units. The three-bedroom units would have two parking spaces per unit. This parking ratio has been sufficient for other projects built by this company in Sioux Falls. The sloping conditions on this site are present on nearby properties. PUBLIC COMMENTS: No comments have been received. The applicant will post a public hearing notice on the property concerning the Board of Adjustment’s hearing and notice also will be sent to the newspaper. STAFF RECOMMENDATION: As of print time, no recommendation was available but will be provided at the Planning Commission meeting. ATTACHMENTS: Page 4 - Zoom Meeting Instructions Page 5 – Aerial Map Page 6 - Site Plan Page 7 - Variance Justification Completed by Applicant STAFF CONTACT: Jayna Watson, City Planner, 605-717-1122; jayna.watson@cityofspearfish.com Page 3 Spearfish Planning Commission Staff Report Meeting Date: 1-5-2021 City Spearfish is inviting you to a scheduled Zoom meeting. Topic: Planning Commission Time: Jan 5, 2021 03:00 PM Mountain Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/83928540719 Meeting ID: 839 2854 0719 One tap mobile +13462487799,,83928540719# US (Houston) +16699009128,,83928540719# 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) Meeting ID: 839 2854 0719 Find your local number: https://us02web.zoom.us/u/k78SJXrR3 Page 4 Spearfish Planning Commission Staff Report Meeting Date: 1-5-2021  Location of Variance Request Note: red square and circle are data points from the aerial mapping software and have no significance. Page 5 Spearfish Planning Commission Staff Report Meeting Date: 1-5-2021 Cross hatched area is fire lane. Site plan illustrates 102 parking spaces Ordinance requires 140 parking spaces Page 6 Spearfish Planning Commission Staff Report Meeting Date: 1-5-2021 Applicant’s Variance Justification Questionnaire – Pennbrook Apartments Page 7 Spearfish Planning Commission Staff Report Meeting Date: 1-5-2021 January 5, 2021 TO: Spearfish Planning Commission FROM: Jayna Watson, City Planner RE: Pennbrook Apartment Parking Variance Findings Due to the timing of the applicant’s submittal, the staff report was published last week without recommendation because the applicant wished to appear before the Board of Adjustment on January 19. A full review of this request has been made and the revised supplementary findings are in underlined text. Staff does not recommend the approval of this variance for the reasons that follow on page 2. D. Evaluation Criteria. A variance shall be approved only if the applicant is able to satisfy each of the following three (3) criteria: 1. The requested variance is not contrary to the public interest, as determined by the Board of Adjustment. In order to fulfill the public interest, the proposed variance must not: a. Alter the essential character of the locality or b. Endanger public safety. Finding: A change to the required parking will not affect the character of the location or endanger public safety. 2. The requested variance must result from special physical conditions on the property, which: a. Are natural or man-made surroundings, shape, or topographical conditions that do not result from persons presently having an interest in the property; or b. Because the property is situated within any of the following downtown core neighborhoods and has a lot width of seventy-five feet (75’) or less, or a square footage of less than eight thousand (8,000) square feet i. Original Town Plat ii. Uhlig Addition  iii. Ramsdell Addition iv. West Addition v. Schar’s Addition Finding: Steep terrain on the east edge of the property requires a 6 to 7 foot tall retaining wall if the variance is approved. If the variance is not approved, the retaining wall will be 12 to 16 feet in height because it pushes the additional parking deeper in to the hillside. Section 2.b does not apply. Additional finding 1-5-2021: All sites have a maximum capacity as is dictated by site topography and natural features. Sloping sites in particular require retaining walls if the property owner desires to develop at the maximum possible intensity. Options to the variance are: 1) set buildings at elevations that step with the terrain and, 2) build fewer units if the height and/or presence of a retaining wall is not desired. 3. A literal enforcement of the provisions will result in unnecessary hardship. a. Because of the special physical conditions of the property, unusual hardship that would serve no public purpose would result to the owner if required to act in strict conformity with the provisions of the zoning regulations and the authorization of a variance is therefore necessary to enable the reasonable use of the property. b. The hardship must be unique to a particular piece of property to justify a variance, and not shared by all property in a particular zone Finding: In addition to the terrain described above, the applicant cites a special circumstance that due to the income restricted nature of the project, it is likely that there would be only one car/driver for the one- and two-bedroom apartment units. The three-bedroom units would have two parking spaces per unit. This parking ratio has been sufficient for other projects built by this company in Sioux Falls. The sloping conditions on this site are present on nearby properties. Additional finding 1-5-2021: The Spearfish zoning variance criteria does not include site operation, facility use, tenant characteristics and similar matters unrelated to the attributes of the site that are creating the hardship. The applicant’s speculation about tenants’ auto ownership rate is not a ‘special physical condition’ of the property and cannot be considered with this variance. 2 Revised Findings Pennbrook Apartments Parking Variance Request Spearfish Planning Commission Meeting Date: 1-5-2021  Spearfish Planning Commission Staff Report Meeting Location: Zoom Online Meeting – instructions to join on page 4 Meeting Date and Time: January 5, 2021 at 3pm Applicant: SLH Holdings, LLC Request: Approve a DRD Concept Plan Revision and Final Plan for an assisted living, memory care, and independent living facility and townhomes Action: Set public hearing for January 19, 2021 Location: Tract P of the Elkhorn Ridge Addition, east of Highway 85 and north of Colorado Blvd Colorado Blvd. Proposal Summary: This request will change the Elkhorn Ridge concept plan in this area from hotel and multi-family (per the 2007 land use plan). Page 1 Spearfish Planning Commission Staff Report Meeting Date: 1-5-2021 BACKGROUND AND HISTORY: • Annexed in the early 2000’s and rezoned from County Ag to Development Review District (DRD). • This parcel is within the commercial core of Elkhorn Ridge master plan illustrating hotel and multi family land uses. • Surrounding DRD zoned land uses include: - North – Miller Creek, Elkhorn Ridge Golf Course driving range - South – Future Monument Health medical campus - East – Elkhorn Ridge Golf Course and future residential - West – Elkhorn Ridge Service Center • The Miller Creek Floodplain borders the north edge of the property. PROJECT DATA: • Assisted living/memory care/independent living: 13.74 acres – Phase 1 • Living Pines townhouses: 25.85 acres – 84 dwellings – 6 units Phase 1; remaining in phase 2. • DRD individual lot open space required and provided – • Assisted Living: 20 percent or 2.74 acres • Duplex homes: 30 percent of each lot; final lot size TBD • Landscape points required: 507,952; Provided: 510,000 • Parking required and provided for assisted living: 65 / 82 • Parking required for duplex: 2 per unit • Access to be provided from Colorado Boulevard with secondary access at the northeast corner of the site. • Internal streets for duplex phase to be standard city streets with curb/gutter and sidewalk. REVIEW CRITERIA AND STAFF ANALYSIS: This request is evaluated per the DRD concept plan criteria and staff’s analysis is in bold text: 2. Concept Plan Approval Criteria. In consideration of a request for Concept Plan approval, the Planning Commission and City Council shall take into account factors including, but not limited to: a. Conformance with the goals and policies of the comprehensive plan; This parcel is within the developing city where the plan describes the need for higher intensity land uses to be located adjacent to the major transportation corridors, proposes compatible mixed use, and creativity in architectural design. b. Compatibility with and relationship to existing and potential uses adjacent to the proposed project; This use is surrounded by open space. c. Public safety issues relating to projected traffic generated by the proposed uses and to the existing or potential transportation system of adjoining properties; The applicant will be required to comply with the requirements of Lawrence County for any needed access improvements on Colorado Boulevard, since this roadway is not city maintained. Page 2 Spearfish Planning Commission Staff Report Meeting Date: 1-5-2021  d. Community benefit of the proposed use(s); This use is a beneficial addition and provides for senior housing and care in a location of mixed uses that would be mutually beneficial to each other. e. Aesthetic considerations related to the scope and size of (the) proposed use(s); The architecture proposed fits with the themes established by Elkhorn Ridge. f. Adequacy of public services for the proposed use(s); Water and sewer services exist on this property. and g. Testimony received from the public at the public hearing. To be determined. The following is the Final Plan Submittal Requirements checklist. The applicant has provided all of the following: a. The ownership and legal description of the property included in the project and of adjoining properties; b. Location and siting, size and use of all structures, building setbacks, improvements, and facilities to be constructed/reconstructed by the applicant, if applicable; c. Architectural elevations of all commercial and multi-family (3 or more attached units) structures, if applicable; d. Location of all points of ingress and egress and their relationship to the existing transportation system and internal traffic circulation pattern; e. Street widths, materials of construction, and curb/gutter, sidewalk, and recreation paths, if applicable; f. Landscape plan, if applicable; g. Lighting plan (applicant proposes downward directed/shielded) h. Parking plan; i. Drainage plan; j. Designation of all areas to be dedicated to the public or held in common ownership; (not applicable) k. Proposed covenants and restrictions, if applicable; (not applicable) l. Such other architectural and engineering data as may be required by the Planning Commission; and m. A preliminary plat may be submitted as a part of the final plan. (will be a future submittal) Page 3 Spearfish Planning Commission Staff Report Meeting Date: 1-5-2021 PUBLIC COMMENTS: The applicant will post the property with a sign; public hearing notice will be provided to property owners and published in the newspaper. STAFF RECOMMENDATION: Set public hearing for January 19, 2021 ATTACHMENTS: Page 5 – Aerial Map Page 6 – 2007 Approved DRD Concept Plan Page 7 - Proposed Concept and Site Final Plan Page 8 – Elevations Page 12 - Applicant’s Narrative STAFF CONTACT: Jayna Watson, City Planner, 605-717-1122; jayna.watson@cityofspearfish.com City Spearfish is inviting you to a scheduled Zoom meeting. Topic: Planning Commission Time: Jan 5, 2021 03:00 PM Mountain Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/83928540719 Meeting ID: 839 2854 0719 One tap mobile +13462487799,,83928540719# US (Houston) +16699009128,,83928540719# 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) Meeting ID: 839 2854 0719 Find your local number: https://us02web.zoom.us/u/k78SJXrR3 Page 4 Spearfish Planning Commission Staff Report Meeting Date: 1-5-2021  Driving Range – Elkhorn Ridge Colorado Blvd Location of DRD Concept Plan revision and Final Plan approval Page 5 Spearfish Planning Commission Staff Report Meeting Date: 1-5-2021 2007 Elkhorn Ridge Concept Plan Location of request to amend 2007 plan for assisted living, memory care, independent living, and townhomes Page 6 Spearfish Planning Commission Staff Report Meeting Date: 1-5-2021 DRD Concept Plan Revision and Final Plan Page 7 Spearfish Planning Commission Staff Report Meeting Date: 1-5-2021  Page 8 Spearfish Planning Commission Staff Report Meeting Date: 1-5-2021  Page 9 Spearfish Planning Commission Staff Report Meeting Date: 1-5-2021  Page 10 Spearfish Planning Commission Staff Report Meeting Date: 1-5-2021 Overall massing perspective Page 11 Spearfish Planning Commission Staff Report Meeting Date: 1-5-2021  Page 12 Spearfish Planning Commission Staff Report Meeting Date: 1-5-2021 The Elkhorn Ridge walking path will ultimately be integrated this development. These path connections and extents will be determined in the next phase of design and included in the final bid package. Sincerely, Chris Wehrle, project manager Wyss Associates, Inc. Page 13 Spearfish Planning Commission Staff Report Meeting Date: 1-5-2021  P L A N N I N G C O M M I S S O N U P D A T E M EM O RA N D U M Date: 1/5/2021 TO: Planning Commission FROM: Jayna Watson, City Planner RE: Photovoltaic/Solar Regulations The following will be reviewed at the January 5 meeting: 1) Presentation from Molly Brown of GenPro – a “101” guide to solar energy systems 2) Discussion on terms and definitions 3) Outline of regulations Terms and definition of this land use The primary features discussed so far that could be included in this definition are: - Solar collection devices / PV panels connected to energy conversion equipment. - Conveyance of the power to the electrical grid or to a group of electrical users. Attached is Pennington County’s extensive list of definitions. Some of these terms are common, and need no definition, however others may be useful. Staff does not envision an extensive list of definitions, only that which is essential to the understanding of the regulations. The following is a possible definition of the land use itself, modeled after several ordinances. Please note the terms “solar” and “photovoltaic” are placeholder terms and we will use whatever term is decided by the Commission. Solar energy system shall mean one or more devices that rely upon sunshine as an energy source and capable of collecting, converting, distributing, and storing (if appropriate to the technology) the sun's radiant energy into electrical or thermal energy. A solar energy system includes the solar collection panels,  electrical connections, converters, transformers, meters, batteries, and related energy conversion equipment and buildings. In the past, we have used the term “photovoltaic” rather than “solar” when describing this use and equipment. The following are how other jurisdictions identify a site devoted to the collection of solar energy for either sale to the energy market or use by more than one end user: • Utility Scale Solar Energy Systems – Pennington County • Solar Energy Conversion Systems/ Solar Farms – Sioux Falls • Solar Energy Systems – Fort Collins - Small < ½ acre - Medium between ½ acre to 5 acres - Large > 5 acres • Solar Energy System – Bismarck • Solar Energy Conversion Systems – Lincoln, NE Staff recommends that we use the word “Solar” in the ordinance. “Photovoltaic” is a more technically correct term, but whenever reasonable, ordinance language should defer to everyday language to de-mystify the understanding of the subject matter. At the last meeting, a general concern was expressed for the visual impacts of a site devoted to solar collection panels in what is commonly known as a solar farm. In staff’s opinion, these sites would present no more of a visual impact than a typical Spearfish commercial or industrial zoning district where all types of building design, outdoor display, storage, signs, loading areas, and vehicle and equipment parking are allowed. Additional clarification is needed for what aesthetics goals are desired for this project. Outline of regulations The following is a suggested outline based on the input from the last meeting. From here, we will add language and clarity to each topic. Purpose and Intent: 1) Enable development of renewable energy sources to further Spearfish’s commitment to sustainability 2) Mitigate any potential public safety and nuisance concerns 3) Locate installations where impacts to adjoining land uses are minimized Approval Process: 1) Conditional Use Permit in Ag zoning only 2) Conformance to Solar specific CUP criteria; standard CUP requirements would not apply January 5, 2021 PV system regulations Page 2 Specific CUP criteria: 1) Equipment standards – City administers the International Code Council (ICC) standards and National Fire Prevention standards. These are basic safety type standards but do not address establish minimum standards for equipment functionality. 2) Setbacks to collection panels – use underlying zoning or another standard? 3) Maximum height of all panels and equipment 4) Fencing and security – three strand wire, chain link, other standards? 5) Drainage (standard city requirements for stormwater storage) 6) Weed control (standard city requirements for property maintenance) 7) Glare/glint standards 8) Maximum lot coverage – not recommended since there are no occupied structures which is why lot coverage is regulated in other districts 9) Agreements required if energy to be sold to market or to a defined user group 10) Financial security/bond to ensure decommission and site restoration Submittal checklist for CUP approval: 1) Site plan with layout of all collectors/buildings, setbacks to property line 2) List and illustrations of types of panels and equipment including overall height 3) Drainage plan 4) Vegetation and weed control plan 5) Glare study 6) Agreements as applicable with utility and user group 7) De-commission plan and financial assurance January 5, 2021 PV system regulations Page 3 Pennington County Regulations – Definitions AIRFIELD ELEVATIONS/LENGTH: Ellsworth Air Force Base (AFB) has a Class B Runway with established airfield elevation of approximately 3,280 feet above Mean Sea Level (MSL). Ellsworth AFB runway length is 13,497 feet. Rapid City Regional Airport runway is 3,204 feet above MSL with max length of 8,701 feet. AIRSPACE IMAGINARY SURFACES: A structure of imaginary control surfaces that exist primarily to enhance the safety and efficiency of aircraft operations by preventing existing or proposed manmade objects, objects of natural growth or terrain from extending upward into navigable airspace. These imaginary surfaces either slope out and up from all sides and ends of runways or are a horizontal plane or a sloping plain above airports. (Imaginary surfaces are shown on Exhibits at the end of this Ordinance.) AIRSTRIP: A strip of ground set aside for the takeoff and landing of aircraft. AMERICAN LAND TITLE ASSOCIATION (ALTA): American Land Title Association is the national trade association and voice of the abstract, the person who prepares a summary (or abstract) of public records relating to title to a specific parcel of land, and title insurance industry. ALTA members search, review, and insure land titles to protect home buyers and mortgage lenders who invest in real estate. ALTERNATING CURRENT (AC): A type of electrical current, the direction of which is reversed at regular intervals or cycles. In the United States, the standard is 120 reversals or 60 cycles per second. ANGLE OF INCIDENCE: The angle that a ray of sun makes with a line perpendicular to the surface. For example, a surface that directly faces the sun has a solar angle of incidence of zero, but if the surface is parallel to the sun (for example, sunrise striking a horizontal rooftop), the angle of incidence is 90°. BALANCE OF SYSTEM: A Solar (PV) Balance-of-System (BOS) refers to the components and equipment that move DC energy produced by solar panels through the conversion system which in turn produces AC electricity. CLASS DELTA AIRSPACE: Class D airspace can generally be described as a controlled airspace that extends from the surface or a given altitude to a specific higher altitude. Ellsworth Air Force Base and Rapid City Class D Airspaces overlap. Ellsworth Air Force Base and Rapid City Air Traffic Control facilities mutually agree that the ridge of hills southeast of Ellsworth Air Force Base constitute the geographical boundary between the Class D Airspaces (Imaginary surfaces are shown on Exhibits at the end of this Ordinance). Ellsworth Air Force Base’s Class D Airspace extends from the surface up to and including 5,800 feet Mean Sea Level (MSL) and a 5.9 nautical mile (6.8 mile) radius of the airport center. Rapid City’s Class D airspace extends from the surface up to and including 5,700 feet mean seas level (MSL) and a 4.4 nautical (5 mile) mile radius from the airport center. CONCENTRATING PHOTOVOLTAIC (CPV): A solar technology that uses lenses or mirrors to concentrate sunlight onto high-efficiency solar cells. CONCENTRATING SOLAR POWER (CSP): A dispatchable, renewable energy option that uses mirrors to focus and concentrate sunlight onto a receiver, from which a heat transfers fluid carries the intense thermal energy to a power block to generate electricity. January 5, 2021 PV system regulations Page 4 CONVERTER: A unit that converts a direct current (DC) voltage to another DC voltage. dB(A): A frequency weighting that relates to the response of the human ear to sound. DECIBEL (dB): A unit for expressing the relative intensity of sounds on a scale from zero to greater than 130, with 85 possibly being harmful to humans. DIRECT CURRENT (DC): A type of electricity transmission and distribution by which electricity flows in one direction through the conductor, usually relatively low voltage and high current. DISTRIBUTED SOLAR ENERGY SYSTEM (DSES): A SES to directly power a home, farm, or small business as its primary use. EASEMENT (WIND OR SOLAR): A right whether or not stated in the form of a restriction, option to obtain an easement, easement, covenant, or condition, in any deed, will, or other instrument executed by or on behalf of any owner of land or air space for the purpose of ensuring adequate exposure of a photovoltaic solar power system to the sun, or an agreement to refrain from developing a photovoltaic solar power system. FACILITY: A place, especially including buildings, where a particular activity happens. FEDERAL AVIATION ADMINISTRATION (FAA): The Federal Aviation Administration is the national aviation authority of the United States, with powers to regulate all aspects of American Civil Aviation. FENCE: A manmade, unroofed structure, barrier, railing, or other upright structure, typically of wood or wire, enclosing an area of ground to mark a boundary, control access, or prevent escape. GLARE: A continuous source of brightness, relative to diffused lighting. Not a direct reflection of the sun, but a reflection of the bright sky around the sun. Glare is significantly less intense than glint. GLINT: Also known as a specular reflection, produced as a direct reflection of the sun in the surface of the PV solar panel. Also a momentary flash of light. GLINT AND GLARE STUDY: An assessment to determine the impact of solar reflections upon surrounding roads, dwellings and aircraft locations. GRID: An interconnected network for delivering electricity from suppliers to consumers. INTERCONNECTION AGREEMENT: To set forth the terms and conditions to allow consumers to install an independent power generation system and connect to a local utility. INVERTER: A device that converts direct current electricity to alternating current either for stand-alone systems or to supply power to an electricity grid. KILOWATT (kW): A standard unit of electrical power equal to 1000 watts. KILOWATT-HOUR (kWh): 1,000 watts acting over a period of 1 hour. The kWh is a unit of energy. MEGAWATT (MW): 1,000 kilowatts, or 1 million watts; standard measure of electric power plant generating capacity. MEGAWATT-HOUR: 1,000 kilowatt-hours or 1 million watt-hours. January 5, 2021 PV system regulations Page 5 NATIONAL ELECTRICAL CODE (NEC): National Electrical Code sets standards and best practices for wiring and electrical system, which contains guidelines for all types of electrical installations. The current version of the NEC shall be followed. OBSTRUCTION EVALUATION / AIRPORT AIRSPACE ANALYSIS (OE/AAA): An Obstruction Evaluation is required for all systems 200 feet or above in total height from ground level. An object typically is considered an obstruction when it exceeds (penetrates) Airspace Imaginary Surfaces and/or Class D Airspace, whichever is lowest, but the FAA may have additional restrictions in any airspace. The OE/AAA is a process for aeronautical studies of obstructions to air navigation or navigational facilities to determine the effect on the safe and efficient use of navigable airspace, air navigation facilities or equipment; and the process to petition the Federal Aviation Administration (FAA) for discretionary review of determinations, revisions, and extensions of determinations. View Title 14 Chapter 1 Subchapter E Part 77 Subpart 9 (14 CFR Part 77.9) for the most current information. PHOTOVOLTAIC (PV): A method for generating electric power by using solar cells to convert energy from the sun into a flow of electrons. PHOTOVOLTAIC (PV) DEVICE: A solid-state electrical device that converts energy from the sun directly into direct current (DC) electricity PHOTOVOLTAIC (PV) SOLAR ARRAY: An interconnected system of PV modules that function as a single electricity-producing unit. The modules are assembled with common support or mounting. PHOTOVOLTAIC (PV) SOLAR CELL: The smallest semiconductor element within a PV module to perform the immediate conversion of energy from the sun into electrical energy (direct current voltage and current). Also called a solar cell. PHOTOVOLTAIC (PV) SOLAR MODULE: A packaged, connected assembly of solar cells. PHOTOVOLTAIC (PV) SOLAR PANEL: Refers to a physically connected collection of modules (i.e., a laminate string of modules used to achieve a required voltage and current). PHOTOVOLTAIC (PV) SYSTEM: A complete set of components for converting energy from the sun into electricity by the photovoltaic process, including the array and balance of system components. SOLAR ENERGY: Electromagnetic energy transmitted from the sun (solar radiation). SOLAR ENERGY SYSTEM: A device or structural design feature intended to provide for collection, storage, and distribution of solar energy for heating or cooling, electricity generating, or water heating. SOLAR-THERMAL SYSTEM: A system that uses reflective materials that concentrate the energy from the sun to an absorber where it is converted to heat. STAND-ALONE SYSTEM: An autonomous alternative energy system not connected to a grid. May or may not have storage, but most stand-alone systems require batteries or some other form of storage. STRUCTURE: Any material or combination of materials, completely or partially constructed, or erected in or upon the ground, including, but not by way of limitation, buildings; mobile homes; radio towers; sheds; signs; and storage bins, but excluding sidewalks and paving on streets, driveways, parking areas, fences, earthwork, January 5, 2021 PV system regulations Page 6 windbreaks, and nonbusiness signs related to farming or ranching operations. An object, including a mobile object, constructed or installed by man, including but without limitation; buildings; towers; cranes; smokestacks; earth formation; and overhead transmission lines. SUBSTATIONS: Any electrical facility designed to convert electricity to a voltage for interconnection with transmission lines. SYSTEM: A set of connected things or devices that operate together. SYSTEM HEIGHT: The height of the total system measured from grade to the max vertical height of the extended blade tip. TELECOMMUNICATIONS: Any communication transmission that affects Federal, State, and local two- way communication within this state. UTILITY-SCALE SOLAR ENERGY SYSTEM (USES): Any SES with the primary purpose of delivering electricity to the power grid and distributed to the end user by electric utilities or power system operators. USES can also be referred to as Solar Farm. WATT: The rate of energy transfer equivalent to one ampere under an electrical pressure of one volt. January 5, 2021 PV system regulations Page 7