Planning Commission

Spearfish Planning Commission Agenda March 16, 2021 at 3 p.m. Meeting Location: Council Chamber of City Hall, 625 Fifth Street, Spearfish SD And Zoom Online Meeting https://us02web.zoom.us/j/83041748825 Meeting ID: 830 4174 8825 OR Dial In: +1 346 248 7799 enter meeting ID: 830 4174 8825 A. Call To Order B. Roll Call C. Approve the Minutes from March 2, 2021 D. Declaration of Conflicts of Interest E. Items for Action 1. Request: Approve a preliminary plat and variance within the 3-mile extra platting territory Location: Lots 1-8 of the Western Slope Subdivision east of Sapphire Lane Applicant: Aaron Schoon Action: Set a public hearing for April 6, 2021 2. Request: Approve a preliminary plat for phase 1 for Miller Ranch Location: South of Colorado Boulevard, West of Christensen Drive Applicant: KTM Design Solutions/Mike Stetson Action: Set a public hearing for April 6, 2021 3. Request: Solar Energy Systems 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 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 Regular Session Minutes March 2, 2021 at 3 p.m. The Spearfish Planning Commission met in regular session on Tuesday, March 2, 2021 at 3:00 p.m. in the council chambers of city hall and via Zoom video conference. Chairman Bordewyk called the meeting to order. Roll call was taken with the following members present: Toby Bordewyk, Meghan Byrum, Abe Kean, Greg Kruskamp, Bob Meyer, and Larry Vavruska. Absent: Barbara Zwetzig. Also present: City Planner Jayna Watson and City Attorney Ashley McDonald. APPROVAL OF MINUTES: Vavruska moved, Kruskamp seconded and all voted to approve the minutes of the February 16, 2021 Planning Commission meeting. DECLARATIONS OF CONFLICTS OF INTEREST: Bordewyk called for any potential conflicts of interest to be identified. Byrum indicated a conflict of interest on item 2 and will recuse from discussion and voting. 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: Hold a public hearing and make a recommendation to City Council Watson provided a review of the staff report and recommendation. Bordewyk opened the public hearing. Testimony was received by Joe Jorgensen. Bordewyk closed the pulbic hearing. Meyer moved, Vavruska seconded and all voted to recommend approval to City Council. 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/Mike Stetson Action: Hold a public hearing and make a recommendation to City Council Attas Boutrous of MC Ranch LLC presented the request. Watson provided a review of the staff report and recommendation including the conditions of concept plan approval. Bordewyk opened the public hearing. Testimony was received from Dave Schempf, Nathan Jeffery, Jacque Roberts, Sharon Boe, Daryl Johnson, and Kari Griffin. Responses to issues raised in public hearing were provided by Attas Boutrous and Mike Stetson. Bordewyk cloed the public hearing. Kean moved, Vavruska seconded and all voted to recommend approval to City Council with Byrum not voting. City Council Update – Watson provided an overview of the Sky Ridge sports complex and the new parks and recreation master plan. Public Comment – No public comments were received. Adjournment - Bordewyk adjourned the meeting at 4:05 p.m.  Spearfish Planning Commission Staff Report Meeting Location: 625 Fifth Street, Spearfish SD, Council Chamber of City Hall and by Zoom Online Meeting – instructions to join on page 3 Meeting Date and Time: March 16, 2021 at 3 p.m. Applicant: Aaron Schoon Request: Approve a preliminary plat and variance within the 3-mile extra platting territory Action: Set a public hearing for April 6, 2021 Location: Lots 1-8 of the Western Slope Subdivision east of Sapphire Lane Hwy 14 Sapphire Ln. Top Shelf McGuigan Rd. McGuigan Phase 2 Western Slope Estates Subdivision Black Dashed Line – City Limits Proposal Summary: This will result in an eight lot subdivision on 16 acres Page 1 Spearfish Planning Commission Staff Report Meeting Date: 3-16-2021 BACKGROUND AND HISTORY: • Located within the 3-mile extra territory platting authority which permits the city to administer subdivision regulations outside of city limits for purposes of street connectivity • Currently zoned County Suburban Residential; minimum of 2 acre lot required • Current use is an existing residence on 16 acres • Site slopes from east to west PROJECT DATA: • Overall parcel size: 16 acres • Existing zoning permits 8 lots • Existing residence will remain • 8 single family lots proposed and 2 acres in size • Onsite septic systems will be provided on each lot, per DENR standards • Water service will be either with onsite wells, or potentially city water service extended from Top Shelf • New gravel access road, 24 feet in width, to be built by applicant and privately maintained REVIEW CRITERIA AND STAFF ANALYSIS: Approval of the preliminary plat is based on the criteria of the 3-mile subdivision code and the minimum lot size required by County zoning. Concerns of additional traffic, obstruction of views, use of septic systems and wells, conversion from open to developed conditions and similar issues are likely to be public comments but the consideration of this request is limited to compliance to the following key points from the 3 mile subdivision ordinance: 1) Public right of way for collector or arterial streets is provided according to the Master Transportation Plan, if applicable. 2) Proposed roadway improvements meet the 3-mile subdivision ordinance. 3) Minimum 2 acre lot size per County Suburban Residential zoning. Master Transportation Plan – The plan does not illustrate any future arterial or collector street right of way needed within the boundary of this parcel. Sapphire lane is an existing collector street with 66 feet of right of way and complies with the plan. Roadway Improvements – The 3 mile subdivision code describes this as a low density subdivision and a 24 foot wide graveled road is required. This roadway must be completed before any final plats can be approved and will be privately maintained. The existing gravel driveway that meanders through the property will be removed. See page 7 of the staff report for the code’s roadway requirements. Because the County does not maintain or regulate local roadways, the variance request is to enable the new road serving the 8 lots to be built within an access easement instead of a dedicated public right of way. This property is located with the Sapphire Lane Road District which is a special taxing district where assessments for the primary road maintenance are levied within the boundaries of the district. The final plat will require the signature of the road district president which is how the district will be notified of the new legal descriptions for assessment purposes. Page 2 Spearfish Planning Commission Staff Report Meeting Date: 3-16-2021 Minimum Lot Size – The County’s Suburban Residential zoning requires a minimum lot size of 2 acres unless served by public water and sewer, and in that case 8,000 square foot minimum lot size is allowed. Because there is no public sewer, each lot must be 2 acres minimum. Each lot will have individual or shared wells, or if the City Council elects to provide it, city water service. Page 8 is the applicant’s variance justification and the next staff report will contain a complete analysis of the criteria below: (a) The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property in the area in which it is located; (b) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property. (c) Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations are carried out. (d) The variances will not in any manner vary the provisions of the Official Zoning Map, Comprehensive Plan, Major Street Plan and Master Neighborhood Park Plan. PUBLIC COMMENT: The owner will provide notice of public hearing to the surrounding land owners by certified mail and a sign will be posted on site. Notice will also be published in the newspaper. Lawrence County Planning and Zoning has been provided with a copy of this staff report. STAFF RECOMMENDATION: Set a public hearing for April 6, 2021 STAFF CONTACT: Jayna Watson, City Planner, 605-717-1122; jayna.watson@cityofspearfish.com Zoom Meeting Join Instructions: Topic: Spearfish Planning Commission Time: Mar 16, 2021 03:00 PM Mountain Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/83041748825 Meeting ID: 830 4174 8825 Dial In: +1 346 248 7799 enter meeting ID: 830 4174 8825 ATTACHMENTS: Page 4 – Aerial Map Page 5 – Master Transportation Plan map Page 6 - Proposed Preliminary Plat Page 7 – 3-mile ETJ ordinance road requirements Page 8 – Variance justification Page 3 Spearfish Planning Commission Staff Report Meeting Date: 3-16-2021  Highway 14 Sapphire Lane Location of Lots 1-8 Western Slope Subdivision Page 4 Spearfish Planning Commission Staff Report Meeting Date: 3-16-2021 Location of Lots 1-8 Western Slope Subdivision Major Streets Plan of the Master Transportation Plan Solid green line = existing collector street Dashed green line = future collector street Solid red line = existing arterial street Narrow black line = existing local streets Tan shade = City Limits Page 5 Spearfish Planning Commission Staff Report Meeting Date: 3-16-2021  Page 6 Spearfish Planning Commission Staff Report Meeting Date: 3-16-2021 3 mile platting standards applied to this request shown in red outline Page 7 Spearfish Planning Commission Staff Report Meeting Date: 3-16-2021 Applicant’s Justification for Variance Request Page 8 Spearfish Planning Commission Staff Report Meeting Date: 3-16-2021  Spearfish Planning Commission Staff Report Meeting Location: 625 Fifth Street, Spearfish SD, Council Chamber of City Hall and by zoom Online Meeting – instructions to join on page 3 Meeting Date and Time: March 16, 2021 at 3 p.m. Applicant: KTM Design Solutions/Mike Stetson Request: Approve a preliminary plat for phase 1 for Miller Ranch Action: Set a public hearing for April 6, 2021 Location: South of Colorado Boulevard, West of Christensen Drive Yellow Line – Phase 1 preliminary plat general boundary Proposal Summary: This will result in the first phase of development of Miller Ranch Page 1 Spearfish Planning Commission Staff Report Meeting Date: 3-16-2021 BACKGROUND AND HISTORY: • Change of zoning to DRD slated for April 5, 2021; approval of a preliminary plat is contingent on successful change of zoning. • Pastureland and cattle grazing have been past land uses • Site consists of an elevated grassy plateau surrounded by vegetated ravines and steep slope conditions between the plateau and Colorado Boulevard PROJECT DATA: Overall Phase 1 parcel size: 29 +/- acres Single family: 44 lots Duplex/two family: 14 lots Single Family Lots – average size is 14,000 square feet; minimum is 11,249 square feet Duplex/townhouse – average size is 8,000 square feet; minimum is 6,700 square feet REVIEW CRITERIA AND STAFF ANALYSIS: This is the second step of approval for the DRD concept plan as it applies to the first residential phase of the project. The preliminary plat is governed by the approved concept plan which illustrates single family and duplex housing in this phase. The preliminary plat complies with the concept plan in terms of land use and street system. The concept plan approval requires 117.6 acres of open space (more than the minimum 10% which would equate to 29 +/- acres) with an allowed reduction of up to 10 percent, or 11.76 acres of open space on the overall project. The reason for this allowed reduction is that as planning progresses, efficiency in lot arrangements is revealed when working at a larger scale of design but this flexibility is limited to retain the integrity of the large open spaces that are the prominent feature of this plan. This requires a tracking system to record the actual provided open space as follows: The original concept plan showed 2.8 acres of open space in the vicinity of Lot 9 Block 4. The preliminary plat shows 2.05 acres of open space on this lot. 11.76 acre reduction in open space permitted .75 acres reduction of open space in phase 1 11.01 acres remaining that could be reduced in future phases The preliminary plat shows the first phase of access coming from Christensen Drive, labeled as Mule Deer Trail. The proposed cross section of this street complies with the subdivision code requirements of 29 feet of driving surface, curb/gutter and sidewalks on both sides and no curbside parking allowed. The overall grade on this entry road is 8 percent. The remaining local streets are this same cross section, but with parking on one side of the street only and grades are generally 1 percent. Page 2 Spearfish Planning Commission Staff Report Meeting Date: 3-16-2021 PUBLIC COMMENT: Notice of the preliminary plat public hearing will be provided to the newspaper and a copy of this report has been provided to Lawrence County Planning and Zoning. STAFF RECOMMENDATION: Set public hearing for April 6, 2021 ATTACHMENTS: Page 4 - Aerial Page 5 – Concept Plan Page 6 – Preliminary Plat Page 7 – Street Cross Sections STAFF CONTACT: Jayna Watson, City Planner, 605-717-1122 jayna.watson@cityofspearfish.com Zoom Meeting Join Instructions: https://us02web.zoom.us/j/83041748825 Meeting ID: 830 4174 8825 Dial In: 1 346 248 7799 enter meeting ID: 830 4174 8825 Page 3 Spearfish Planning Commission Staff Report Meeting Date: 3-16-2021 General Location of Phase 1 Preliminary Plat – Miller Ranch Page 4 Spearfish Planning Commission Staff Report Meeting Date: 3-16-2021 Location of Phase 1 Preliminary Plat – Dashed Line Page 5 Spearfish Planning Commission Staff Report Meeting Date: 3-16-2021  Page 6 Spearfish Planning Commission Staff Report Meeting Date: 3-16-2021  Page 7 Spearfish Planning Commission Staff Report Meeting Date: 3-16-2021  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: 3/16/2021 TO: Planning Commission FROM: Jayna Watson, City Planner RE: Photovoltaic/Solar Regulations Several years ago, when the city developed its ordinance for wireless antenna towers, a points system was created to evaluate the request. A similar approach could be implemented for utility scale solar energy systems to determine what approval process is required according to how well the installation mitigates the visual impacts. Attached is a concept developed by Commissioner Bob Meyer for our review/discussion. The method would be as follows: 1) Identify the location where the solar installation is proposed and ID the maximum points for either administrative or conditional use permit (CUP) approval. 2) Per Table A, points are assigned or deducted as applicable. The more points that are deducted, the more likely the request can be administratively approved. 3) The final points from A are added to the points in Table B that Identifies how much the site is covered by panels. 4) If the A + B exceeds the points in the administrative approval column, a CUP review is required.  Point System - PV Ordinance What is the PV Ordinance Point System?  The system is a method for evaluating an application for a constructing a PV system. What are Possible Advantages of a Point System  Shows approval is not a binary decision. (It’s not just a yes or no decision but is based on evaluating a number of specific factors.  Respects applicants and encourages creative designs by presenting options. What is the Basic Premise?  Simplify application process for plans with appearance characteristics deemed acceptable to neighbors and the community.  Attempt to quantify “appearance characteristics deemed acceptable”.  Adapt features of the point system used in Telecommunication facilities ordinance which appear to be useful. How Does it it Work?  Determine the “Location – Zone Application” the plan involves.  Use Table A and Table B to evaluate how many total points (“Design” points + “PV Area” points) the plan involves.  Then use table below to determine what approval method is required. Permitted Use Administrative Approval Conditional Use Location - Zone/Application (CUP Approval NOT Required) CUP Approval Required PV Area Class 1 AG Agriculture RLS-1 Rural Large Lot Single Family PV Area Class 2  Roof Mount Panel Systems Systems with more than R1 Single-Family Res  Systems with no more than +10 Design + Area Points +10 Panel Design Points R2 One and Two-Family Res PV Area Class 3 R3 Multi-Family Residential C3 Office Commercial PV Area Class 4 C-1 Central Commercial n/a All C-C Core Commercial C-2 Highway Service Commercial PV Area Class 5  Roof Mount Panel Systems Systems with more than ILR Light/Restrictive Industrial  Systems with no more than +10 Design + Area Points +10 Panel Design Points IH Heavy Industrial PV Area Class 6 DRD Development Review District APZ Airport District Downtown Historic I-90 Corridor n/a All Parks, Open Space School, Ball Field City Facility or Public Owned Property Industrial Parks /home/bob/Desktop/Dropbox/PandZ/Projects/Solar/Point System/Point System.doc page 1 of 1 Revised: 10-Mar-21  Point System - PV Ordinance What is the PV Ordinance Point System?  The system is a method for evaluating an application for a constructing a PV system. What are Possible Advantages of a Point System  Shows approval is not a binary decision. (It’s not just a yes or no decision but is based on evaluating a number of specific factors.  Respects applicants and encourages creative designs by presenting options. What is the Basic Premise?  Simplify application process for plans with appearance characteristics deemed acceptable to neighbors and the community.  Attempt to quantify “appearance characteristics deemed acceptable”.  Adapt features of the point system used in Telecommunication facilities ordinance which appear to be useful. How Does it it Work?  Determine the “Location – Zone Application” the plan involves.  Use Table A and Table B to evaluate how many total points (“Design” points + “PV Area” points) the plan involves.  Then use table below to determine what approval method is required. Permitted Use Administrative Approval Conditional Use Location - Zone/Application (CUP Approval NOT Required) CUP Approval Required PV Area Class 1 AG Agriculture RLS-1 Rural Large Lot Single Family PV Area Class 2  Roof Mount Panel Systems Systems with more than R1 Single-Family Res  Systems with no more than +10 Design + Area Points +10 Panel Design Points R2 One and Two-Family Res PV Area Class 3 R3 Multi-Family Residential C3 Office Commercial PV Area Class 4 C-1 Central Commercial n/a All C-C Core Commercial C-2 Highway Service Commercial PV Area Class 5  Roof Mount Panel Systems Systems with more than ILR Light/Restrictive Industrial  Systems with no more than +10 Design + Area Points +10 Panel Design Points IH Heavy Industrial PV Area Class 6 DRD Development Review District APZ Airport District Downtown Historic I-90 Corridor n/a All Parks, Open Space School, Ball Field City Facility or Public Owned Property Industrial Parks /home/bob/Desktop/Dropbox/PandZ/Projects/Solar/Point System/Point System.doc page 1 of 1 Revised: 10-Mar-21  Point System Tables Table A – Design Points Characteristics Points more than the zone height limit (above ground level) +30 equal to the zone height limit (above ground level) +20 panel height: more than 10 feet but less than zone height limit (above ground level) +10 10 feet or less (above ground level) -10 multiple land use (such as grazing or crop production) below panels -20 meets the zone requirements 0 exceeds the zone requirements by more than 125% but less than 150% -10 Landscaping exceeds the zone requirements by more than 150% but less than 200% -20 exceeds the zone requirements by more than 200% -30 Public Amenities (such as trails, walks, benches, art, gathering facilities) up to -40 meets the zone requirements 0 Set back distance: equals 200% to 300% of the zone requirements -10 more than 300% of the zone requirements -20 Table B – PV Area Coverage Points Max Area Area Coverage with PV Panel Location - Zone/Application Coverage Points + Other Primary Structure w/o PV more than 95% +30 more than 85% but less than 95% +20 more than 75% but less than 85% +10 AG Agriculture 10% more than 65% but less than 75% 0 RLS-1 Rural Large Lot Single Family n/a more than 55% but less than 65% -10 less than 55% -20 PV Area Class 2 more than 50% +30 R1 Single-Family Res 40% more than 40% but less than 50% +10 R2 One and Two-Family Res 40% no more than 40% 0 PV Area Class 3 more than 45% +30 R3 Multi-Family Residential 30% more than 35% but less than 45% +10 C3 Office Commercial 35% no more than 35% -10 PV Area Class 4 C-1 Central Commercial n/a n/a (CUP Approval Required) C-C Core Commercial n/a C-2 Highway Service Commercial n/a PV Area Class 5 more than 85% +30 ILR Light/Restrictive Industrial 75% more than 75% but less than 85% +10 IH Heavy Industrial 75% no more than 75% -10 PV Area Class 6 DRD Development Review District APZ Airport District Downtown Historic I-90 Corridor n/a (CUP Approval Required) Parks, Open Space varies School, Ball Field City Facility or Public Owned Property Industrial Parks /home/bob/Desktop/Dropbox/PandZ/Projects/Solar/Point System/Point System Tables.doc page 1 of 1 Revised: 10-Mar-21