Planning Commission

Spearfish Planning Commission Agenda April 6, 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/82523089725 Meeting ID: 825 2308 9725 Dial in: +1 253 215 8782 and enter Meeting ID: 825 2308 9725 A. Call To Order B. Roll Call C. Approve the Minutes from March 16, 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: Hold a public hearing and make recommendation to City Council 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: Hold a public hearing and make recommendation to City Council 3. Request: Approve a concurrent annexation and change of zoning from County AG to DRD (Development Review District) Location: A portion of the SW1/4 NE1/4, Section 33, T7N R2E BHM, Lawrence County, South Dakota Applicant: Jason R. Ward/Spring Branch LLC Action: Set a public hearing for April 20, 2021 4. Request: Approve a preliminary plat within the 3-mile extra platting territory Location: Lots 1 – 21 Cedar Berry Canyon, south of Hillsview Rd Applicant: Interstate Engineering Action: Set a public hearing for April 20, 2021 ADA Compliance: The City of Spearfish fully subscribes to the provisions of the Americans with Disabilities Act. If you desire to attend this public meeting and are in need of special accommodations, please notify the Building and Development Office at 642-1335 and 24 hours prior to the meeting so that appropriate auxiliary aids and services are available.  Page 2 Spearfish Planning Commission Agenda April 6, 2021 5. Request: Solar Energy Systems Location: TBD 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 are in need of special accommodations, please notify the Building and Development Office at 642-1335 and 24 hours prior to the meeting so that appropriate auxiliary aids and services are available.  Spearfish Planning Commission Regular Session Minutes March 16, 2021 at 3 p.m. The Spearfish Planning Commission met in regular session on Tuesday, March 16, 2021 at 3 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, Larry Vavruska, and Barbara Zwetzig. Also present: City Planner Jayna Watson and City Attorney Ashley McDonald. APPROVAL OF MINUTES: Vavruska moved, Byrum seconded, and all voted to approve the minutes of the March 2, 2021 Planning Commission meeting. DECLARATIONS OF CONFLICTS OF INTEREST: Bordewyk called for any potential conflicts of interest to be identified. Meghan Byrum indicated a conflict of interest on item 2, Miller Ranch, and abstained from discussion and voting. 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 Shanon Vasknetz representing the applicant Aaron Schoon, presented the request. Watson provided a review of the staff report and recommendation. Staff offered additional clarification on the Master Transportation Plan. Meyer moved, Zwetzig seconded, and all voted to 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 Mike Stetson presented the request. Watson provided a review of the staff report and recommendation. Zwetzig moved, Vavruska seconded, and all voted to set a public hearing for April 6, 2021. 3. Request: Solar Energy Systems Location: Ag and Light/Heavy Industrial Districts Applicant: City of Spearfish Action: Provide Input Watson provided an overview of the proposal to use a points system to evaluate a utility solar installation. Discussion amongst the commission included: 1) final energy user is unrelated to the mitigation of the impacts, 2) this regulation should not affect properties where solar panels are currently allowed as an accessory use and by administrative approval, 3) use of the points sytem as the CUP criteria in addition to determining if an administrative or CUP is required, 4) the relative impacts of lot coverage compared to underlying zoning ‘by right’ land uses. Spearfish Planning Commission Minutes March 16, 2021 at 3 p.m. Page 2 5) commercial and industrial zoned property would be less likely developed as utility scale solar as the primary use, but accessory use in a net metering situation is possible. No action was taken. City Council Update – Watson provided an update on the relocation of the bridge over Spearfish Creek at Rushmore Street to be relocated to the present location of the blue bridge several hundred feet to the south. Public Comment – No 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 4 Meeting Date and Time: April 6, 2021 at 3 p.m. Applicant: Aaron Schoon Request: Approve a preliminary plat and variance within the 3-mile extra platting territory Action: Make a recommendation to City Council 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: 4-6-2021 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 9 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: 4-6-2021 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. The variance portion of this request concerns the legal status of whether a dedicated public right of way tract is needed or if a roadway easement suffices for Alcorn Court which will serve these lots. Typically, a right of way tract is required when a road is being dedicated for either County or Road District maintenance. In this situation, neither entity is assuming ownership/maintenance. Page 10 is the applicant’s variance justification and staff’s assessment of the criteria is 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; no detrimental impacts are created based on the legal status of a road being within an easement or right of way. (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. This parcel is within an existing Road District boundary and will be responsible to pay road district taxes to maintain Sapphire Lane where the main access is now located. Neither the Road District nor the County will take over the ownership/maintenance of this roadway and the need for a publicly dedicated right of way is not necessary. (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. This criterion does not apply because the justification for this variance concerns the policies and practices of the other roadway authorities and are beyond the applicant’s control. (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. No impact to these plans will result. PUBLIC COMMENT: Notice of public hearing to the surrounding landowners was sent by certified mail and a sign was posted on site. Notice was also be published in the newspaper. Lawrence County Planning and Zoning has been provided with a copy of this staff report. No comments have been received as of this writing. STAFF RECOMMENDATION: Approve STAFF CONTACT: Jayna Watson, City Planner, 605-717-1122; jayna.watson@cityofspearfish.com Page 3 Spearfish Planning Commission Staff Report Meeting Date: 4-6-2021 ATTACHMENTS: Page 5 – Aerial Map Page 6 – Master Transportation Plan map Page 7 - Proposed Preliminary Plat Page 8 – Alcorn Court Cross Section Page 9 - 3-mile ETJ ordinance road requirements Page 10 – Variance justification Zoom Meeting Join Instructions: Join Zoom Meeting https://us02web.zoom.us/j/82523089725 Meeting ID: 825 2308 9725 Dial in: +1 253 215 8782 and enter Meeting ID: 825 2308 9725 Page 4 Spearfish Planning Commission Staff Report Meeting Date: 4-6-2021  Highway 14 Sapphire Lane Location of Lots 1-8 Western Slope Subdivision Page 5 Spearfish Planning Commission Staff Report Meeting Date: 4-6-2021 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 6 Spearfish Planning Commission Staff Report Meeting Date: 4-6-2021  Page 7 Spearfish Planning Commission Staff Report Meeting Date: 4-6-2021  Page 8 Spearfish Planning Commission Staff Report Meeting Date: 4-6-2021 3 mile platting standards applied to this request shown in red outline Page 9 Spearfish Planning Commission Staff Report Meeting Date: 4-6-2021 Applicant’s Justification for Variance Request Page 10 Spearfish Planning Commission Staff Report Meeting Date: 4-6-2021  Spearfish Planning Commission Staff Report Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish SD 57783 and by Zoom Teleconference, see page 4 for instructions to join. Meeting Date and Time: April 6, 2021 at 3 p.m. Applicant: Jason R. Ward/Spring Branch LLC Request: Approve a concurrent annexation and change of zoning from County AG to DRD (Development Review District) to increase the overall boundary of the Reserve Master Plan. Action: Set a public hearing for April 20, 2021 Location: A portion of the SW1/4 NE1/4, Section 33, T7N R2E BHM, Lawrence County, South Dakota City Limits – Yellow Line Proposal Summary: This will enable an expansion of the 8th and final phase of the Reserve Master Plan Boundary for a one-acre lot subdivision. Page 1 Spearfish Planning Commission Staff Report Meeting Date: April 6, 2021 at 3 p.m. BACKGROUND AND HISTORY: 2007- Annexation of the Reserve neighborhood as well as properties east to Highway 85 and south to Interstate 90. 2008 and 2016 – Reserve overall concept plan revised to present day lotting configuration. PROJECT DATA: Parcel size: 8.62 Acres Number of lots: 6 one acre lots Setbacks required: Single Family Standard Front: 25 feet Rear: 25 feet Side: 8 feet Open Space: DRD requires 10 percent dedicated in open space. Because this is an amendment to the overall Reserve Master Plan, it will increase the overall open space requirement from 16 acres to 17.2 acres. The total dedicated open space to date is 10.45 acres. The lots along the Higgins creek corridor will be platted within the next several years and east of these lots, the remaining 6.75 acres of open space will be dedicated. REVIEW CRITERIA AND STAFF ANALYSIS: This ordinance revision is guided by the City of Spearfish Revised Code of Ordinances, Appendix A- Zoning, Article VI. Administration and Enforcement, Section 5. Amendments and the DRD approval criteria. Staff’s analysis follows each statement in italic text. 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. This change of zoning will enable lots on both sides of the street that comprises the last phase of residential development at the Reserve. b) Be consistent with the intent and purposes of the ordinance. This request is consistent with the residential development patterns of the Reserve. c) Not directly or indirectly adversely affect any other part of the ordinance. Not applicable: this does not alter existing codes or ordinances. d) Be consistent with and not in conflict with the Spearfish comprehensive plan. Development as one acre lots is an appropriate density considering the rural nature of the adjoining parcel to the east, and the more suburban smaller lots (zoned DRD single family) on the west. The annexation request represents an orderly and logical extension of city limits. The DRD district review criteria are as follows: Final Plan Approval Criteria. In consideration of a request for Final Plan approval, the Planning Commission and City Council shall take into account of the following factors both the One-Step Page 2 Spearfish Planning Commission Staff Report Meeting Date: April 6, 2021 at 3 p.m. and Two-Step types of Final Plan approval: a) Conformance with Permitted Used, Prohibited Uses, and Minimum Requirements for Improvement and Design; This request complies with the minimum lot sizes of the zoning code and is a permitted land use within the DRD district as single family. b) Site and building design compatibility with and relationship to existing and potential uses adjacent to the proposed project. The street proposed is a rural cross section similar to what was developed in McGuigan Ranch and the Woodlands with a 24 foot wide asphalt surface, no curb/gutter or sidewalk, and roadside drainage ditches. The low volume of traffic on a cul de sac street is compatible with shared use of the street between pedestrians and vehicles. c) Aesthetic considerations related to the scope and size of (the) proposed use(s); not applicable d) Public safety issues relating to projected traffic generated by the proposed uses and to the existing or potential transportation system of adjoining properties; The overall trip generation is compatible with the capacity of Russell Street which is a collector roadway with a public sidewalk on both sides. Russell will be extended to serve this property and continue east to Brookview Road in the future as development progresses in this area of the city. e) Testimony received from the public, and comments received by departments, agencies and commissions as provided in Section 10.F.3.a. or 10.G.4.a, as applicable. This request will be forwarded to Lawrence County for their review and comment. No other public agencies are required to be notified. Public hearing notice will be provided to owners within city limits and immediately adjoining the parcel. f) Community benefit of the proposed use(s); provides a larger lot option for future home buyers. g) Conformance with the goals and policies of the comprehensive plan and compatibility with surrounding land uses; the comprehensive plan indicates this location is within the ‘Developing City’ boundary as described by the following: • The overall location and arrangement of land uses for new development should follow a basic hierarchy starting with the more intense land uses on the major streets, and the less intense uses on the minor/local streets. • Create lower intensity land uses and open space corridors to buffer existing land use and proposed land uses of different densities. • Create design solutions to allow mixed use projects that include a variety of residential, commercial, and employment areas to fit compatibly together. h) Adequacy of public services for the proposed use(s). Water and sewer services will be provided to serve this development. STAFF RECOMMENDAITON: Set a public hearing for April 20, 2021 PUBLIC COMMENTS: Owners within city limits and immediately adjacent to the request (County) will be notified of this request. A copy of this staff report was provided to the Lawrence County Planning and Zoning staff. STAFF CONTACTS: Jayna Watson, City Planner, 605-717-1122; jayna.watson@cityofspearfish.com Page 3 Spearfish Planning Commission Staff Report Meeting Date: April 6, 2021 at 3 p.m. ATTACHMENTS: Page 5 - Aerial and Site Plan Page 6 - Annexation and DRD change of zoning questionnaires. Join by zoom: Topic: Spearfish Planning Commission Time: Apr 6, 2021 03:00 PM Mountain Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/82523089725 Meeting ID: 825 2308 9725 Dial in: +1 253 215 8782 and enter Meeting ID: 825 2308 9725 Page 4 Spearfish Planning Commission Staff Report Meeting Date: April 6, 2021 at 3 p.m. Existing DRD approval within City Limits – Yellow Line Page 5 Spearfish Planning Commission Staff Report Meeting Date: April 6, 2021 at 3 p.m.  Page 6 Spearfish Planning Commission Staff Report Meeting Date: April 6, 2021 at 3 p.m.  Page 7 Spearfish Planning Commission Staff Report Meeting Date: April 6, 2021 at 3 p.m.  Page 8 Spearfish Planning Commission Staff Report Meeting Date: April 6, 2021 at 3 p.m.  Page 9 Spearfish Planning Commission Staff Report Meeting Date: April 6, 2021 at 3 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: April 6, 2021 at 3 p.m. Applicant: KTM Design Solutions/Mike Stetson Request: Approve a preliminary plat for phase 1 for Miller Ranch Action: Make a recommendation to City Council 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: 4-6-2021 BACKGROUND AND HISTORY: • Change of zoning to DRD slated for April 19, 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: 4-6-2021 PUBLIC COMMENT: Notice of the preliminary plat public hearing was provided to the newspaper and a copy of this report was provided to Lawrence County Planning and Zoning. No comments have been received as of this writing. STAFF RECOMMENDATION: Approve 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 Join Zoom Meeting https://us02web.zoom.us/j/82523089725 Meeting ID: 825 2308 9725 Dial in: +1 253 215 8782 and enter Meeting ID: 825 2308 9725 Page 3 Spearfish Planning Commission Staff Report Meeting Date: 4-6-2021 General Location of Phase 1 Preliminary Plat – Miller Ranch Page 4 Spearfish Planning Commission Staff Report Meeting Date: 4-6-2021 Location of Phase 1 Preliminary Plat – Dashed Line Page 5 Spearfish Planning Commission Staff Report Meeting Date: 4-6-2021  Page 6 Spearfish Planning Commission Staff Report Meeting Date: 4-6-2021  Page 7 Spearfish Planning Commission Staff Report Meeting Date: 4-6-2021  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: April 6, 2021 TO: Planning Commission FROM: Jayna Watson, City Planner RE: Solar Energy Regulations Since our last meeting, on March 18, Governor Noem signed HB 1094 that creates a new category of land use approval known as Special Permitted Use; this law will be effective on 1 July, 2021. This bill enables a land use that meets defined criteria to be approved administratively without a public hearing. This differs from Primary Permitted uses since special requirements could be developed that apply only to a solar installation within any given zoning district. Staff will confer with other planning colleagues across the state in the next several weeks to review the potential to apply this new type of regulation to solar energy collection systems and will incorporate the information into an updated proposal for future discussion. This could simplify the approach to how this land use would be permitted. The text of the bill that applies to this is below. 11-4-4.5. Special permitted uses--Exceptions. Any land use that meets the specified criteria for certification under any municipal zoning ordinance shall be considered a special permitted use. A special permitted use applicant is not subject to the requirements set forth in § 11-4-4.2. [CUP] A special permitted use is not subject to any public hearing or other requirements for review and approval of conditional uses. Upon adoption of certification provisions, the land use is a special permitted use subject to enforcement in the same manner as a permitted use.