Planning Commission

Spearfish Planning Commission Agenda Tuesday, January 19, 2021 - 3:00 PM Meeting Location: Zoom Online Meeting Join Zoom Meeting https://us02web.zoom.us/j/88665662614 Meeting ID: 886 6566 2614 Dial in: +1 669 900 9128 Meeting ID: 886 6566 2614 A. Call To Order B. Roll Call C. Approve the Minutes from January 5, 2021 D. Declaration of Conflicts of Interest E. Items for Action 1. 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: Hold a public hearing and make a recommendation to City Council 2. 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 February 1, 2021 3. Request: Modify Zoning Ordinance Article V. Section 3. Minimum Off Street Parking Requirements, Section A.3. pertaining to multi-family parking requirements Location: City wide Applicant: Costello Companies Action: Set a public hearing for February 2, 2021, or, continue discussion 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 19, 2021 Agenda (continued, page 2) 4. Discussion Change of zoning from County Ag to County Rural Residential Item: Location: Immediately west of Sky Ridge, south of Colorado Boulevard Applicant: Hartland Enterprises LLC Action: Provide input to city comments letter 5. Discussion Solar / Photovoltaic regulations Item: Applicant: City of Spearfish Action: Provide Input to 1-5-21 staff memo 6. Elect Chair and Vice Chair for 2021 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 January 5, 2021 The Spearfish Planning Commission met in regular session on Tuesday, January 5, 2021 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. Also present: City Planner Jayna Watson and City Attorney Ashley McDonald. APPROVAL OF MINUTES: Vavruska moved, Zwetzig seconded and all voted to approve the minutes of the December 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: 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 Watson provided an overview of the staff report and findings. Kruskamp opened the public hearing. No comment was received. Kruskamp closed the public hearing. Vavruska moved, Byrum seconded, and all voted to approve the request and the conditional use permit findings including conditions 1 through 5 of CUP criteria 13. 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 Chris Wehrle, Wyss Associates presented the request on behalf of the applicant. Watson followed with a presentation of the staff report and staff recommendation for setting of a public hearing. Vavruska moved, Zwetzig seconded, and all voted to 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 Watson provided an overview of the staff report followed by Bonnie Mogen of Costello Companies who provided a summary and justification for their request for the variance. Watson reviewed the staff findings and recommendation. The Commission discussed site conditions, possible change to the code to create parking regulations based on special characteristics of use, and possible impacts that would result from reducing parking requirements on a wider scale. Spearfish Planning Commission Minutes January 5, 2021 Page 2 Item 3. Pennbrook Limited Partnership Parking Variance Request Continued – Meyer moved, Zwetzig seconded to set a public hearing date for the Board of Adjustment for January 19, 2021, with a recommendation of denial. Prior to vote on the motion, Kruskamp permitted the applicant to clarify timing of re-submittal in the future if the Board of Adjustment were to deny, and if a parking study may be provided to the Board of Adjustment without review first by the Planning Commission. The Commission further discussed process and to enable the applicant’s additional information to be considered. A vote was taken with Bordewyk, Byrum, Meyer, and Vavruska voting no and Zwetzig voting yes, and the motion failed. A new motion was made by Bordewyk, seconded by Meyer to postpone the Planning Commission’s action on this request to January 19, 2021. A vote was taken on the new motion with Bordewyk, Meyer, and Vavruska voting yes and Zwetzig and Byrum voting no, and the motion passed. 4. Discussion Item: Solar / Photovoltaic regulations Applicant: City of Spearfish Action: View guest presentation, provide input Guest Molly Brown from GENPRO presented on various aspects of solar/pv technology and land use issues involved in collecting, converting, and distributing solar energy. A brief discussion followed concerning potential sites, setbacks, approval process, size/scale of projects, public response to the land use, and next steps moving forward. No action was taken. 5. FYI: - Election of Planning Commission Chair, Vice Chair at the January 19th meeting. A new chair and vice chair will need to be elected. Kruskamp has served the maximum of 2 years as chair. CITY COUNCIL UPDATE: Watson noted the City Council approved the parking encroachment agreement for the CUP at 1545 N. Canyon. PUBLIC COMMENT No public comment received. ADJOURNMENT: Chairman Kruskamp adjourned the meeting of the Planning Commission at 5:08 PM.  Spearfish Planning Commission Staff Report Meeting Location: Zoom Online Meeting – instructions to join on page 5 Meeting Date and Time: January 19, 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 duplex/townhomes Action: Hold a public hearing and make a recommendation to City Council Location: Tract P of the Elkhorn Ridge Addition, east of Highway 85 and north of St. Onge Rd. Colorado Blvd. Page 1 Spearfish Planning Commission Staff Report Meeting Date: 1-19-2021 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) for an assisted living center and duplex housing. 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 in Phase 1; remaining in phase 2. • DRD individual lot open space required and provided – o Assisted Living: 20 percent or 2.74 acres o Duplex homes: 30 percent of each lot • 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 St. Onge Road 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. The following are the individual lot development standards requested for the duplex housing parcel: Minimum lot width: 62 feet Minimum lot size: 8,000 square feet Front building setback: 25 feet Side building setback: 0 feet where units join on the property line and 8 feet on the opposite side. Accessory buildings/sheds: 5 feet from side/rear lot lines and 25 feet from front property lines Maximum lot coverage: 40% Maximum building height: 35 feet; 15 feet for accessory buildings/sheds Prior to the sale of this property from Elkhorn Ridge to Peaceful Pines, Elkhorn Ridge had developed an unpaved trails system through this property. This trail system is not city maintained, nor has the city required Elkhorn Ridge or Peaceful Pines to keep this trail network as an amenity in the future through this parcel. There is a trail along the north perimeter of this property on Elkhorn Ridge’s parcel, and the City and Elkhorn Ridge are coordinating with the Page 2 Spearfish Planning Commission Staff Report Meeting Date: 1-19-2021 DOT to enable the trail to link under Highway 85. This would be the City’s primary interest in the trails network to ensure the regional connections are made and this perimeter route appears on the trails plan published in the Master Transportation plan. Because the St. Onge public right of way is the County’s jurisdiction, the city cannot require that a sidewalk to be provided along the St. Onge Road frontage. 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. A traffic study has been prepared and submitted to Lawrence County Highway department who has indicated they have no comments. The traffic study indicates that construction of dedicated left or right turn lanes at site entrances are not required at this time due to the volumes on Colorado/St Onge Road and the number of trips entering the property. 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 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; Page 3 Spearfish Planning Commission Staff Report Meeting Date: 1-19-2021  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) PUBLIC COMMENTS: A public hearing notice was provided to nearby property owners, posted on the site, published in the newspaper, and information was provided to the County Highway superintendent. No comments have been received as of the writing of this report. STAFF RECOMMENDATION: Approve, with the following as the conditions of concept and final plan approval: A. The overall locations of buildings, parking, internal streets, locations of driveways and streets connecting to St. Onge Road, and open spaces must comply with the City Council approved site plan dated 2-1-2021 and titled: “DRD Submittal/Conceptual Plan” (see page 9 of the staff report). B. The development standards for the duplex/ two family parcel are as follows: a. Minimum lot width: 62 feet b. Minimum lot size: 8,000 square feet c. Front building setback: 25 feet along all street frontages d. Side building setback: 0 feet where units join on the property line and 8 feet on the opposite side. Page 4 Spearfish Planning Commission Staff Report Meeting Date: 1-19-2021  Continued from page 4 e. Accessory buildings/sheds: 5 feet from side/rear lot lines and 25 feet from front property lines. f. Maximum lot coverage: 40% g. Maximum building height: 35 feet; 15 feet for accessory buildings/sheds C. The development standards for the assisted living building are as follows: a. Setbacks from all property lines must comply with the site plan described in A. above. b. Maximum building height and overall architectural design theme must comply with the architectural elevation concepts approved by the City Council and dated 2-1-2021 (see pages 10-12 of this staff report). CI. Entry driveways and streets connecting to St Onge Road shall be as approved by the Lawrence County Highway Department. ATTACHMENTS: Page 6 – Aerial Map Page 7 – 2007 Approved DRD Concept Plan Page 8 - Proposed Concept and Site Final Plan Page 9 – Elevations Page 13 - Applicant’s Narrative STAFF CONTACT: Jayna Watson, City Planner, 605-717-1122; jayna.watson@cityofspearfish.com Zoom Meeting Instructions: Join Zoom Meeting https://us02web.zoom.us/j/88665662614 Meeting ID: 886 6566 2614 Dial in: +1 669 900 9128 Meeting ID: 886 6566 2614 Page 5 Spearfish Planning Commission Staff Report Meeting Date: 1-19-2021  Driving Range – Elkhorn Ridge Colorado Blvd Location of DRD Concept Plan revision and Final Plan approval Page 6 Spearfish Planning Commission Staff Report Meeting Date: 1-19-2021 2007 Elkhorn Ridge Concept Plan Location of request to amend 2007 plan for assisted living, memory care, independent living, and townhomes Page 7 Spearfish Planning Commission Staff Report Meeting Date: 1-19-2021 DRD Concept Plan Revision and Final Plan Page 8 Spearfish Planning Commission Staff Report Meeting Date: 1-19-2021  Page 9 Spearfish Planning Commission Staff Report Meeting Date: 1-19-2021  Page 10 Spearfish Planning Commission Staff Report Meeting Date: 1-19-2021  Page 11 Spearfish Planning Commission Staff Report Meeting Date: 1-19-2021 Overall massing perspective Page 12 Spearfish Planning Commission Staff Report Meeting Date: 1-19-2021  Page 13 Spearfish Planning Commission Staff Report Meeting Date: 1-19-2021 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 14 Spearfish Planning Commission Staff Report Meeting Date: 1-19-2021  Spearfish Planning Commission Staff Report Meeting Location: Zoom Online Meeting – instructions to join on page 4 Meeting Date and Time: January 19, 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 February 1, 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: 1-19-2021 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 and Development Authority which requires income limits for tenants and restricts rents accordingly, for forty years. • The developer has experience with similar projects 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 large 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: At the January 5 meeting, the applicant requested the recommendation be postponed enabling additional information to come forward that shows that the parking ratio suggested in the above calculations would be sufficient for their use. This information is determined to meet criteria 1 since another governing agency, the State of South Dakota, has provided documentation that the site parking with these ratios has been adequate for their projects. For a variance to be supported, all three criteria must be met. Only criteria 1 and 2 have been met; see below for additional analysis. 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: The State of South Dakota has indicated that for projects involving tenant income limits and rent restrictions, the parking ratios of 1.5 spaces per one and two bedroom unit, and 2 spaces for a 3 bedroom unit provide sufficient parking Page 2 Spearfish Planning Commission Staff Report Meeting Date: 1-19-2021  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: This criterion pertains to the existing conditions of the property, not, a specific plan or objective of site development. There is significant elevation drop across this site. Sloping sites require retaining walls if the property owner desires to develop at the maximum possible intensity. 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: The sloping conditions on this site are also present on nearby properties and while the exact slope conditions between each site vary, the combination of the number of units proposed and ADA accessibility (required for all multi-family projects) plays a significant role in contributing to difficulty in site development. 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. Page 3 Spearfish Planning Commission Staff Report Meeting Date: 1-19-2021  STAFF RECOMMENDATION: Set public hearing for the Board of Adjustment for February 1, 2021; staff does not support. ATTACHMENTS: Page 5 – Aerial Map Page 6 - Site Plan Page 7 - Variance Justification Completed by Applicant Page 8 - 10 – Supplementary application information Page 11 – South Dakota Housing and Development Authority Letter STAFF CONTACT: Jayna Watson, City Planner, 605-717-1122; jayna.watson@cityofspearfish.com Zoom Meeting Instructions: Join Zoom Meeting https://us02web.zoom.us/j/88665662614 Meeting ID: 886 6566 2614 Dial in: +1 669 900 9128 Meeting ID: 886 6566 2614 Page 4 Spearfish Planning Commission Staff Report Meeting Date: 1-19-2021  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: 1-19-2021 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: 1-19-2021 Applicant’s Variance Justification Questionnaire – Pennbrook Apartments Page 7 Spearfish Planning Commission Staff Report Meeting Date: 1-19-2021  Page 8 Spearfish Planning Commission Staff Report Meeting Date: 1-19-2021  Page 9 Spearfish Planning Commission Staff Report Meeting Date: 1-19-2021  Page 10 Spearfish Planning Commission Staff Report Meeting Date: 1-19-2021  Page 11 Spearfish Planning Commission Staff Report Meeting Date: 1-19-2021  Spearfish Planning Commission Staff Report Meeting Location: Zoom Online Meeting – instructions to join on page 3 Meeting Date and Time: January 19, 2021 at 3pm Applicant: Costello Companies Request: Modify Zoning Ordinance Article V. Section 3. Minimum Off Street Parking Requirements, Section A.3. pertaining to multi-family parking requirements Action: Set Public Hearing for February 2, 2021 or continue discussion Location: City-Wide Proposal Summary: This will modify the city’s existing zoning requirements to enable reduced parking requirements for certain multifamily projects constructed with funding administered through South Dakota Housing Development Authority. Background and History: • City recently amended parking in the C-1 for multifamily uses • Pennbrook Apartments request for a parking variance served as catalyst for this discussion Staff Analysis: This proposal requests the city to adopt a parking standard that would enable multi-family housing projects developed under specific State authorized programs using federal funding. Under this limitation, staff believes this could be a reasonable alternative to the standard parking requirements but only for the properties that are in the state administered programs. The proposal is for each 1-bedroom or 2-bedroom unit, the parking required is 1.5 spaces. For each 3-bedroom unit, the parking required is 2 spaces. To test the proposed new parking rate as applied to this type of income restricted property, staff analyzed the Rocky Bluffs and Clear Springs apartments in McGuigan Ranch phase 1. Both properties are located on Clear Springs Road and were built using the using the Federal Low Income Housing Tax Credit program administered by the State of South Dakota. Staff visited these properties on a weeknight, 1-14-21, at approximately 6pm, and noted the following: Page 1 Spearfish Planning Commission Staff Report Meeting Date: 1-19-2021 Rocky Bluffs: 72 spaces required / 26 spaces occupied Clear Springs: 79 spaces required / 45 spaces occupied Both these properties were built using the standard parking rate of 2.25 spaces per unit. According to the property manager, there are no vacancies at either property now. Additionally, the manager noted that around 50 percent of the units need two parking spaces, and she felt that there was not any shortage of parking. Using the proposed rate of 1.5 parking spaces per 1 and 2 bedroom units, and 2 parking spaces for a 3 bedroom unit, the following results: Rocky Bluff: 2 bedroom / 16 units x 1.5 = 24 parking spaces 3 bedroom / 16 units x 2.0 = 32 parking spaces 56 parking spaces Using the property manager’s assessment of 50% of the units need two spaces, and the rest need one, the actual parking demand is 48 spaces. 16 units x 2 = 32 16 units x 1 = 16 = 48 parking spaces compare with 26 spaces occupied on 1-14-21 Clear Springs: 2 bedroom / 20 units x 1.5 = 30 parking spaces 3 bedroom / 15 units x 2.0 = 30 parking spaces 60 parking spaces Using the property manager’s assessment of 50% of the units need two spaces, and the rest need one, the actual parking demand is 53 spaces. 18 units x 2 = 36 17 units x 1 = 17 = 53 parking spaces compare with 45 spaces occupied on 1-14-21 Using the above analysis, staff believes the current parking rate for these specific properties may result in un-necessary parking. Between now and the public hearing, staff will do additional follow-up at other times where peak parking is likely (Saturday/Sunday) to verify the parking usage, however staff is comfortable that the proposed parking rates will satisfy the demand and a public hearing could be set for February 2, 2021. The applicant has also provided an assessment of other parking rates from various locations in South Dakota. These rates are the individual communities’ standards regardless of if applied to a low income housing program. Page 2 Spearfish Planning Commission Staff Report Meeting Date: 1-19-2021 Public Comments: No comments have been received. A public hearing notice will be sent to the newspaper. STAFF RECOMMENDATION: Set public hearing for February 2, 2021 or continue discussion if needed ATTACHMENTS: Page 4 – Ordinance form of special parking rates Page 6 – Costello Companies request for zoning text amendment pertaining to parking rates Page 5 – Supplementary documents STAFF CONTACT: Jayna Watson, City Planner, 605-717-1122; jayna.watson@cityofspearfish.com Zoom Meeting Instructions: Join Zoom Meeting https://us02web.zoom.us/j/88665662614 Meeting ID: 886 6566 2614 Dial in: +1 669 900 9128 Meeting ID: 886 6566 2614 Page 3 Spearfish Planning Commission Staff Report Meeting Date: 1-19-2021  ORDINANCE NO. AN ORDINANCE AMENDING APPENDIX A. ZONING, ARTICLE V. SUPPLEMENTARY REGULATIONS, SECTION 3. MINIMUM OFF-STREET PARKING REQUIREMENTS. BE IT ORDAINED by the Common Council of the City of Spearfish, that Appendix A. Zoning, Article II. Definitions and Article V. Supplementary Regulations, Section 3 of the Revised Ordinances of the City of Spearfish is hereby amended—with strikethrough indicating text to be deleted, underline indicating text to be added, and the remainder of the Article left unaffected—as follows: APPENDIX A. ZONING [...] ARTICLE V. SUPPLEMENTARY REGULATIONS SECTION 3. MINIMUM OFF-STREET PARKING 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. (2) For property governed by funding programs administered by the South Dakota Housing Development Authority, 1.5 spaces per one-bedroom or two-bedroom unit, and 2 spaces per 3-bedroom unit. (2)(3) 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. Page 4 Spearfish Planning Commission Staff Report Meeting Date: 1-19-2021 Severability. The provisions of this ordinance are severable. If any provisions of this ordinance or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application. Effective Date. This ordinance will be effective 20 days following publication, which will occur after the ordinance receives second and final reading by the City Council and is signed by the Mayor. Dated this ___day of __________,2021 CITY OF SPEARFISH By: _____________________________ Dana Boke, Mayor ATTEST: ____________________________________ Michelle DeNeui, Finance Officer (SEAL) First reading: Second reading: Published: Effective: Page 5 Spearfish Planning Commission Staff Report Meeting Date: 1-19-2021  Page 6 Spearfish Planning Commission Staff Report Meeting Date: 1-19-2021  Page 7 Spearfish Planning Commission Staff Report Meeting Date: 1-19-2021  Page 8 Spearfish Planning Commission Staff Report Meeting Date: 1-19-2021  Page 9 Spearfish Planning Commission Staff Report Meeting Date: 1-19-2021  Page 10 Spearfish Planning Commission Staff Report Meeting Date: 1-19-2021  Page 11 Spearfish Planning Commission Staff Report Meeting Date: 1-19-2021  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