Planning Commission

Spearfish Planning Commission Agenda February 16, 2021 at 3 p.m. Meeting Location: Zoom Online Meeting Join Zoom Meeting https://us02web.zoom.us/j/88549651829 Meeting ID: 885 4965 1829 Or - Dial in: +1 346 248 7799 US, enter Meeting ID A. Call To Order B. Roll Call C. Approve the Minutes from February 2, 2021 D. Declaration of Conflicts of Interest E. Items for Action 1. 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: City of Spearfish Action: Provide input and if desired, set a public hearing for March 2, 2021 2. Request: Approve a Voluntary Annexation and Change of Zoning from County Ag to Development Review District (DRD) with Concept Plan Approval Location: South of Colorado Boulevard, West of Christensen Drive Applicant: KTM Design Solutions Inc. – Mike Stetson Action: Set a public hearing for March 2, 2021 3. Request: Solar Energy Systems Ordinance Location: To Be Determined Applicant: City of Spearfish Action: Provide input F. City Council Update G. Public Comment - Public comments are welcome at this time, however, no action will be taken. H. Adjournment  Spearfish Planning Commission Regular Session Minutes February 2, 2021 The Spearfish Planning Commission met in regular session on Tuesday, February 2, 2021 at 3:00 p.m. via Zoom video conference. Chairman Bordewyk called the meeting to order at 3:00 p.m. Roll call was taken with the following members present: Toby Bordewyk, Meghan Byrum, Abe Kean, Greg Kruskamp, Bob Meyer, Larry Vavruska, and Barbara Zwetzig. Also present: City Planner Jayna Watson, City Attorney Ashley McDonald. APPROVAL OF MINUTES: Meyer moved, Kruskamp seconded and all voted to approve the minutes of the January 19, 2021 Planning Commission meeting. DECLARATIONS OF CONFLICTS OF INTEREST: Bordewyk called for any potential conflicts of interest to be identified. No conflicts were expressed. 1. Request: Modify Zoning Ordinance Article V. Section 3. Minimum Off Street Parking Requirements, Section A.3. pertaining to multi-family parking requirements Location: All zoning districts where multi family is permitted. Applicant: Costello Companies Action: Hold a public hearing and make recommendation to City Council Watson provided a review of the staff report and recommendation. Bonnie Mogen with Costello Companies provided additional information. Bordewyk opened the public hearing. No comments were received, and the public hearing was closed. Kruskamp moved, Vavruska seconded to recommend approval. A vote was taken with Kean, Kruskamp, Meyer, Vavruska, and Zwetzig voting yes, and Byrum voting no. Motion passed 5-1. 2. Request: Approve a variance to the front yard lot width requirements of Appendix A Zoning, Section IV. District Regulations, Section 2. R1 Single Family Location: Lot 1 Block 9 Sandstone Hills Addition Applicant: Steve and Kim Hines Action: Make a recommendation and set public hearing date for Board of Adjustment for February 16, 2021 Watson provided a review of the staff report and recommendation. Applicant Steve Hines provided additional information. A brief discussion between the Planning Commission included questions concerning the land trade, surrounding lot sizes, and the variance criteria. Vavruska moved to recommend approval and set a public hearing date for the Board of Adjustment for February 16, 2021. No second was received and the motion died. Meyer moved, Byrum seconded to recommend denial and set a public hearing date for the Board of Adjustment for February 16, 2021. A vote was taken with Byrum, Kean, Kruskamp, Meyer, and Zwetzig voting yes, and Vavruska voting no. Motion passed 5-1. 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 need 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 Minutes February 2, 2021 Page 2 3. Discussion Solar Energy Systems Ordinance and Input: Location: TBD Applicant: City of Spearfish Action: Provide input Watson reviewed the information from the staff memo and discussion took place on the following topics: 1) minimizing the visual impacts on adjacent lands to be included in the purpose and intent statement; 2) maximum size of a solar site depends on mitigation and buffers; 3) safety criteria as published by the ICC, IFC, NFPA, NEC. 4) prescribed setback and buffering standards may not apply in all situations; 5) topography, natural vegetation buffers, etc. can play a role in mitigating visual impacts; 6) maximum height for freestanding panels: 10 feet, buildings: 35 feet; 7) glare/glint assessments may not be necessary – additional review needed. No action was taken. 4. City Council Update – Watson noted that at their February 1 meeting, City Council initiated a comprehensive review of multi family parking requirements. 5. Public Comment – No public comments were submitted.  Spearfish Planning Commission Staff Report Meeting Location: Zoom Online Meeting – instructions to join on page 4 Meeting Date and Time: February 16, 2021 at 3 p.m. Applicant: City of Spearfish Request: Modify Zoning Ordinance Article V. Section 3. Minimum Off Street Parking Requirements, Section A.3. pertaining to multi-family parking requirements Action: Provide input and if desired, set a public hearing for March 2, 2021 Location: City-wide Proposal Summary: This is a comprehensive review of the city’s multifamily parking requirements. Background and History: • City Council recently amended parking rates for multi-family in C-1 zones and the update for parking rates for South Dakota Housing Development Authority projects is pending with final City Council action on February 16. • Pennbrook Apartments request for a parking variance served as catalyst for this discussion. • On February 1, City Council initiated a review of the following existing parking rates: o 2.25 stalls per each multifamily dwelling o 1.5 stalls per each senior multifamily dwelling • Parking rates should be based on actual parking usage in peak demand hours. The standards that guide this decision are the following, from the zoning code with staff’s analysis in bold following each statement. A. Standards for amendments. A proposed amendment shall be considered on its own merits using the following criteria as a guide. 1. Text or map amendments. Proposed amendments shall: a. Be necessary because of substantially changed or changing conditions of the area and district affected, or in the ordinance generally. Recent information provided in the Pennbrook variance as well as actual surveys of multi-family property indicate that the current parking rates may result in excess and unused parking spaces. Page 1 Spearfish Planning Commission Staff Report Meeting Date: 2-16-2021  b. Be consistent with the intent and purposes of the ordinance. Off street parking will be provided, however at rates that reflect actual use. c. Not directly or indirectly adversely affect any other part of the ordinance. No adverse effects are presented to other parts of the ordinance. The revision will enhance opportunities for both new construction and revitalization. d. Be consistent with and not in conflict with the Spearfish comprehensive plan. The Plan indicates the need for regulations to promote ….”smarter, more sustainable growth” (p. 10, Implementation Strategy 1.) Staff Analysis: This revision will update the city’s multi-family parking rates to apply to all multi-family land uses, regardless of zoning. By using actual parking data, the city will be able to objectively evaluate if the current parking rates should be adjusted. This eliminates the subjective nature of using factors other than a parking count to reach this decision. The following evaluation was done through in-person site observations where the number of vehicles parked on the property were counted at a specific time. To determine an average peak parking demand for a typical multi-family property, staff studied four different properties. Two are within walking distance of BHSU and two are farther than walking distance; one in Sandstone and one near the Heritage Center Museum in Green Acres. To narrow down the most likely time and day when parking demand is highest, staff counted the number of occupied parking spaces at the four sites on a Saturday night, and Sunday morning. Weeknight counts were not taken since previous site assessments showed these did not produce higher peak parking use than on a weekend. A detailed breakdown is provided on the attachment on page 7 of the staff report, but the parking counts can be summarized as follows: Within walking distance of BHSU: Jackson Heights – 24 total units – no vacancy per owner on 2-11-21 931 W Jackson Boulevard Parking per current code requirement = 54 spaces Peak Demand = 27 spaces Peak parking rate: 1.1 spaces per unit Sierra Vista – 32 total units – no vacancy per owner on 2-11-21 Hillsview and College Ln. Parking per current code requirement = 72 spaces Peak Demand = 51 spaces Peak parking rate: 1.6 spaces per unit Beyond Walking Distance of BHSU: Spearfish Estates (south of Heritage Museum) – 36 total units – no vacancy per owner on 2-11-21 2938 Aspen Drive Parking per current code requirement = 81 spaces Peak Demand = 45 spaces Peak parking rate: 1.25 spaces per unit Page 2 Spearfish Planning Commission Staff Report Meeting Date: 2-16-2021 Iron Ridge Estates (in Sandstone) – 67 total units – no vacancy per website on 2-11-21 2509 Windmill Drive Parking per current code requirement = 151 spaces Peak Demand = 114 spaces (98 vehicles were counted in the parking lots. This property also has 16 garages so it must be assumed that they all have vehicles parked in them) Peak parking rate: 1.70 spaces per unit. Proposed Revision to Existing Parking Rates: Based on this review, the following parking rates are proposed for all multi-family housing projects regardless of zoning, per dwelling unit: Studio, one bedroom or two bedroom unit; 1.5 spaces Three bedroom unit: 2 spaces Four bedroom unit: 3 spaces If garage parking is included in the above provided parking, for every garage parking space, add ½ parking space for each garage stall. (note: this is based on the input from a property manager who stated that 50% of the garages were used for storage, not parking). Incorporating the above parking rates into the study locations reveals the following: Jackson Heights – 36 parking spaces (peak demand 27) All units are 1 & 2 bedroom: 24 x 1.5 = 36 Sierra Vista – 60 parking spaces (peak demand 51) 2 bedroom units: 24 x 1.5 = 36 spaces 3 bedroom units: 4 x 2 = 12 spaces 4 bedroom units: 4 x 3 = 12 spaces Spearfish Estates – 63 parking spaces (peak demand 45) 1 bedroom units: 6 x 1.5 = 9 spaces 2 bedroom units: 12 x 1.5 = 18 spaces 3 bedroom units: 18 x 2 = 36 spaces Iron Ridge Estates – 127 parking spaces (peak demand 114 spaces) 1 bedroom units: 2 x 1.5 = 3 spaces 2 bedroom: 36 x 1.5 = 54 spaces 3 bedroom: 25 x 2 = 50 spaces 4 bedroom: 4 x 3 = 12 spaces Garages: 16 x .5 = 8 non-garage spaces In summary, a reduction in parking rates will enable more efficient site planning, reduce impervious surfaces, and is friendly to the revitalizing downtown core properties. Page 3 Spearfish Planning Commission Staff Report Meeting Date: 2-16-2021  STAFF RECOMMENDATION: Provide input and if desired, set public hearing for March 2, 2021. ATTACHMENTS: Page 5 – Ordinance form of proposed parking rates Page 7 – Detailed parking analysis and times counted STAFF CONTACT: Jayna Watson, City Planner, 605-717-1122; jayna.watson@cityofspearfish.com Zoom Meeting Instructions: Join Zoom Meeting https://us02web.zoom.us/j/88549651829 Meeting ID: 885 4965 1829 Or, dial in at: +1 346 248 7799 and enter Meeting ID Page 4 Spearfish Planning Commission Staff Report Meeting Date: 2-16-2021  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. All fractions round up to the next whole number. a. Dwellings, one-family and two-family. Two (2) spaces per dwelling unit. b. Dwellings, multi-family (1) Studio, one bedroom, two bedroom; 1.5 spaces per unit (2) Three bedroom: 2 spaces per unit (3) Four bedroom: 3 spaces per unit (4) If garage parking is included in the above as required parking, for every garage parking space, provide an additional ½ parking space for each garage stall. (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. Page 5 Spearfish Planning Commission Staff Report Meeting Date: 2-16-2021  (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. 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 6 Spearfish Planning Commission Staff Report Meeting Date: 2-16-2021 Jackson Heights – Peak Demand = 27 spaces 931 W Jackson 24 Total Units 9 – 1 bedroom units 15 – 2 bedroom units 5-6pm Saturday Feb 6 - 27 vehicles 8-9am Sunday Feb 7 – 26 vehicles Sierra Vista - Peak Demand = 51 spaces Hillsview and College Ln. 32 Total Units 24 – 2 bedroom units 4 – 3 bedroom units 4 – 4 bedroom units 5-6pm Saturday Feb 6 - 34 vehicles 8-9am Sunday Feb 7 – 51 vehicles Spearfish Estates – Peak overall demand = 45 spaces 2938 Aspen Dr. 36 Total Units 6 - 1 bedroom units 12 - 2 bedroom units 18 - 3 bedroom units 5-6pm Saturday Feb 6 – North Lot: 15 vehicles South Lot: 19 vehicles 8-9am Sunday Feb 7 – North Lot – 25 vehicles South Lot – 20 vehicles Iron Ridge Estates – Peak Demand = 114 spaces 2509 Windmill Dr. 67 Total Units 2 – 1 bedroom units 36 - 2 bedroom units 25 - 3 bedroom units 4 - 4 bedroom units 5-6pm Saturday Feb 6 – 79 vehicles 8-9am Sunday Feb 7 – 114 vehicles (note: 98 spaces were occupied in the uncovered parking, but this parcel has 16 garages, so they must be assumed to have been occupied) Page 7 Spearfish Planning Commission Staff Report Meeting Date: 2-16-2021  Spearfish Planning Commission Staff Report Meeting Location: Zoom Online Meeting – instructions to join on page 4 Meeting Date and Time: February 16, 2021 at 3 p.m. Applicant: KTM Design Solutions, Inc. - Mike Stetson Request: Approve a Voluntary Annexation and Change of Zoning from County Ag to Development Review District (DRD) with Concept Plan Approval for Miller Ranch. Action: Set a public hearing for March 2, 2021 Location: South of Colorado Boulevard, West of Christensen Drive Golf Course Pink – City Limits Yellow Line – Annexation area Blue Line – Proposed DRD zoning district Proposal Summary: This will result in a new mixed-use residential and commercial neighborhood. Page 1 Spearfish Planning Commission Staff Report Meeting Date: 2-16-2021 BACKGROUND AND HISTORY: • Currently zoned County Agriculture, 1 lot per 40 acres • Pastureland and cattle grazing have been past uses • No previous zoning history or prior approvals for development • Site consists of an elevated grassy plateau surrounded by vegetated ravines and steep slope conditions between the plateau and Colorado Boulevard PROJECT DATA: Overall parcel size: 279 +/- acres to be annexed, 294.2 +/- acres to be rezoned to DRD Single family: 114.9 acres Duplex/two family: 35.1 acres Multi Family: 12.4 acres Commercial: 14.2 acres (owner intends to preserve the existing barn) Open Space: 117.6 acres (DRD 10% open space required = 29.4 acres) (Please note: the Dec 8 site plan data table will be updated with the next staff report to reflect the above.) Lot size minimum: Single Family - 8,000 square feet Duplex/townhouse - 4,000 square feet Multi-family and Commercial C2 – Standard ordinance requirements of the R3 and C2 Proposed Setbacks: Single family and duplex: (measured from property line): Lots with one street frontage - 25 feet Corner lots – 25 feet on the frontage with driveway/garage access; 15 feet on the other frontage Multi-family and Commercial – Standard ordinance requirements of the R3 and C2 REVIEW CRITERIA AND STAFF ANALYSIS: This request is governed by the concept plan criteria of the DRD zoning district. This project is a two-step DRD approval according to the ordinance language below: Two-Step Approval. Concept Plan approval followed by Final Plan approval at a later point in time. Typically, the two-step process is used when a project includes any one of the following: a. more than one land use; b. more than one parcel developer; c. moderate to high potential for change in the land uses and/or reconfiguration of the concept plan before build out; d. build-out takes place over a period of many years; or e. exact locations of site improvements is unknown at the time DRD is requested. This step one approval addresses the overall arrangement of land uses and the street network. The second step of approval will involve a preliminary plat for the first phase of residential lots. Page 2 Spearfish Planning Commission Staff Report Meeting Date: 2-16-2021 When the commercial and multi-family parcels are ready for development, individual site plans and architectural submittals will be provided at that time. The standards that guide this decision are the following from the DRD concept plan approval , from the zoning code with staff’s analysis in bold following each statement. 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 located within the area identified as the contiguous city since there is existing infrastructure to serve the property. The DRD zoning district is being requested to enable flexibility in modifying land use boundaries in the future. The project includes a substantial open space plan. With the next staff report, the specifics of what is considered a substantial change will be provided. b. Compatibility with and relationship to existing and potential uses adjacent to the proposed project; The parcel is surrounded by the following land uses: North – open space, I-90, Colorado Boulevard Northwest – Single family residential, Spearfish Canyon golf course East – Mobile home park and campground West – open space – primarily Federal property South – undeveloped pasture c. Public safety issues relating to projected traffic generated by the proposed uses and to the existing or potential transportation system of adjoining properties; A traffic study was prepared and submitted to the South Dakota Department of Transportation for their review. The study indicates the need for dedicated east bound turning lanes at both the site entry off Colorado Boulevard and at Christensen Drive. A dedicated south bound right turn lane into the property from Christensen Drive is also recommend. The Christensen Drive and Colorado Blvd. intersection is under further evaluation for how to improve the level of service for the north bound, left turn operation from Christensen. The State DOT and County highway agencies will be the permitting agencies for the site access points. Two points of access are needed to serve this development. Access to the west to the Spearfish Canyon highway is not possible due to grades, Federally owned land, and no available right of way. d. Community benefit of the proposed use(s); This project will increase the inventory of residential housing and provide commercial land uses that would serve Miller Ranch and other nearby neighborhoods. Connections to the recreation path will be incorporated into the plan either along the main entry from Colorado, Christensen, or some other route. e. Aesthetic considerations related to the scope and size of (the) proposed use(s); The applicant proposes no changes to the existing conditions of the property shown as open space on the site plan, along Colorado Boulevard. This natural buffer retains the scenic beauty of the Colorado corridor through this area. Due to its elevated location, the visibility of the residential portions of the property will be Page 3 Spearfish Planning Commission Staff Report Meeting Date: 2-16-2021  limited to drivers along Christensen Drive. The site planning and architectural level of review will take place as each commercial or multi-family site develops. f. Adequacy of public services for the proposed use(s); Staff has reviewed preliminary water, sewer, and drainage plans, as well as preliminary design of the road grade from Colorado Blvd. and Christensen. The ownership and maintenance of the open spaces will likely be through a property owners association and this will be a topic of discussion with the Parks Recreation and Forestry Advisory Board in March. and; g. Testimony received from the public at the public hearing; No comments have been received as of this writing. This staff report will be forwarded to the County for their comment. Notice of the annexation and change of zoning public hearing will be provided to the newspaper, owners immediately adjoining the parcel outside of city limits, and to those within 140 feet within city limits. STAFF RECOMMENDATION: Set public hearing for March 2, 2021. ATTACHMENTS: Page 5 – Aerial Map Page 6 – Site Plan Page 7 – Site Topography/Site Plan Page 8 – DRD submittal checklist STAFF CONTACT: Jayna Watson, City Planner, 605-717-1122; jayna.watson@cityofspearfish.com Zoom Meeting Instructions: Join Zoom Meeting https://us02web.zoom.us/j/88549651829 Meeting ID: 885 4965 1829 Or, Dial by your location +1 346 248 7799 and enter Meeting ID Page 4 Spearfish Planning Commission Staff Report Meeting Date: 2-16-2021  Yellow Line = annexation Blue Line = rezoning to DRD See page one for existing city limits Page 5 Spearfish Planning Commission Staff Report Meeting Date: 2-16-2021  DRD Concept Plan Page 6 Spearfish Planning Commission Staff Report Meeting Date: 2-16-2021  Page 7 Spearfish Planning Commission Staff Report Meeting Date: 2-16-2021 DRD Concept Plan Checklist – The following items have been received and are on file in the City of Spearfish Planning and Zoning Office. 1. Concept Plan Submittal Requirements. At the time of the initial request to change zoning to DRD, or for a revision to a previously approved Concept Plan, the following information must be included in the Concept Plan: a. Ownership and legal description of the property included in the project, and of adjoining properties; b. Significant topographical features including, but not limited to, watercourses, drainages, mountains and outcroppings, forested areas, and historical/archeological sites/structures listed on the National Register of Historic Places or the State Register of Historic Places; c. Approximate location, size, scale, and use of all existing and proposed land uses, structures, improvements and facilities to be constructed/reconstructed; d. Schedule of minimum setbacks for each type of land use; e. Proposed areas to be designated as open space, landscape areas, recreation areas or areas to be held in common ownership; f. A conceptual street plan showing projected locations for ingress and egress and internal circulation patterns; g. Application form and rezoning fee according to the approved fee schedule; h. Such other conceptual information that is deemed appropriate by the Planning Commission. Page 8 Spearfish Planning Commission Staff Report Meeting Date: 2-16-2021  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: February 16, 2021 TO: Planning Commission FROM: Jayna Watson, City Planner RE: Photovoltaic/Solar Regulations In preparation for the next review on this topic, it is important to clarify how this new regulation will affect the ordinance text that describes the use of solar panels as accessory to residential and commercial land use. When solar collection panels were first added to the code as an accessory use, specific standards were created so that it was understood that there was no permission to treat these as a primary use. The utility scale solar definition will exclude these on-site accessory use systems and there will no longer be a need to provide this level of regulation in the zoning text. These on-site consumption systems will be governed like any other type of accessory land use. When the final draft is ready for public hearing, staff will provide the Commission with text showing the language being deleted out of each zoning district as well as the overall standards. The existing regulation language to be deleted is at the end of this memo. Also, discussion is needed to identify the audience that is served by the visual mitigation methods. Clearly the owner of an immediate and adjacent occupied structure is a stake-holder. Additional review is needed to identify the extent that these regulations should address the interest of the general public. As he suggested in the last meeting, Commissioner Bob Meyer provided some assistance in refining these terms and they are shared in this update below in the definitions. Once again, changes since the last meeting are in red text. New Definitions Below: Sunlight - a portion of the electromagnetic radiation given off by the Sun; in particular, infrared, visible, and ultraviolet light. Sunshine - direct sunlight unbroken by clouds, especially over a comparatively large area. Solar power - conversion of energy from sunlight into electricity. Solar energy - radiant light and heat from the Sun that is harnessed using a range of ever evolving technologies such as solar heating, photovoltaics, solar thermal energy, solar architecture, molten salt power plants and artificial photosynthesis. Utility Scale Solar Energy System (USES) a collection of devices used to collect Solar Energy and convert it into another form of energy for storage or distribution primarily for offsite use. A Solar Energy System typically includes solar panels and related energy conversion equipment, other electrical components and building structures. This definition does not include solar energy devices used for onsite energy consumption which is allowed as described by the accessory use definition. A topic discussed at the last meeting was if there was a way to be less prescriptive in the buffering standards (via the tree buffer concept) and instead allow the site developer to propose a method to buffer. See the language in section 3 for how to enable this approach to be driven by the site conditions. 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 visual impacts to adjoining land uses are minimized Applicability: 1) Sites where USES is the only land use 2) Sites with a permitted primary use and more than one-half acre of the land area developed in a USES 3) Zoning Districts: Ag and Light/Heavy Industrial Approval Process: 1) Conditional Use Permit 2) Conformance to Solar specific CUP criteria; standard CUP requirements would not apply Specific CUP criteria: 1) Parcel size a. Maximum of 5 acres. Larger sites permitted under the following: i. Visibility of the site is substantially limited due to the elevation of the site, topography, or any natural or man made feature that creates and effective visual buffer. ii. Maximum up to ? acres if criteria a.i is satisfied. February 16, 2021 Solar energy system regulations Page 2  2) Equipment standards –International Code Council (ICC) standards and National Fire Prevention standards. 3) Site development standards a. Setback to all equipment - 25 feet if no residential structures existing within 100 feet of Utility Solar site’s property line b. Setback to all equipment - 50 feet where a residential structure exists within 100 feet of Utility Solar site’s property line. c. Buffering measures such as existing or newly planted vegetation, berming, opaque fencing, strategic building placement, and similar methods to reduce visual impact to existing development on immediately adjoining property. (deleted mandatory tree buffer requirement) 4) Maximum height of all panels, equipment, buildings a. Solar Collection panels – ten feet b. Structures – 35 feet 5) Fencing and security a. three strand wire b. chain link 6) Drainage (standard city requirements for stormwater storage) 7) Weed control (standard city requirements for property maintenance) 8) Agreements required if energy to be sold to market or to a defined user group 9) Financial security/bond to ensure decommission and site restoration Deleted from this draft: Maximum lot coverage standards Glare/glint studies 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 The following text will be repealed and replaced with the new regulations above. Section 9. Photovoltaic (PV) energy conversion systems. A. Purpose. The purpose of these standards is to: 1. Oversee the permitting of PV systems. 2. Preserve and protect public health, safety, and site compatibility without decreasing the efficiency of a photovoltaic energy conversion system. February 16, 2021 Solar energy system regulations Page 3  B. Definition. Photovoltaic/PV. An assembly of materials and equipment used to convert solar radiation into electricity. C. Standards for photovoltaic (PV) systems. PV systems shall be permitted as accessory uses to the main use of the property or structure, and according to these standards: 1. Maximum height. a. In residential districts, shall not exceed the maximum building height for the district. b. In all other districts, may exceed maximum building height for a height only as recommended by the manufacturer for proper angling of the PV array. 2. Ground mounted collectors, battery storage areas, and related equipment must comply with all building setbacks as required for primary uses, and shall not follow the setback exceptions as described in Article V, Section 2.A. 3. PV powered landscape lighting, irrigation controllers, and other small PV powered devices shall not be subject to the requirements in paragraph C.2. above. 4. Approval of PV systems shall be administratively given through the issuance of a building permit provided the applicant has submitted the standard City of Spearfish building permit submittal information and fees required. February 16, 2021 Solar energy system regulations Page 4