Planning Commission

Spearfish Planning Commission Agenda April 20, 2021 at 3 p.m. Meeting Location: Council Chamber, 625 Fifth Street, Spearfish SD and Zoom Online Meeting Join Zoom Meeting https://us02web.zoom.us/j/83348751116 Meeting ID: 833 4875 1116 Dial in: +1 346 248 7799 and enter Meeting ID: 833 4875 1116 A. Call To Order B. Roll Call C. Approve the Minutes from April 6, 2021 D. Declaration of Conflicts of Interest E. Items for Action 1. Request: Approve a concurrent annexation and change of zoning from County AG to DRD (Development Review District) with concept plan approval 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: Hold a public hearing and make a recommendation to City Council 2. Request: Approve a preliminary plat within the 3-mile extra platting territory Location: Lots 1 – 21 Cedar Berry Canyon, south of Homestake Rd Applicant: Interstate Engineering Action: Hold a public hearing and make a recommendation to City Council 3. Request: Medical Marijuana - Zoning Considerations Action: Discussion item - no action required 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 April 6, 2021 at 3 p.m. The Spearfish Planning Commission met in regular session on Tuesday, April 6, 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, City Attorney Ashley McDonald. APPROVAL OF MINUTES: Meyer moved, Vavruska seconded, and all voted to approve the minutes of the March 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 on items 2 and 3 and would abstain 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: Hold a public hearing and make recommendation to City Council Leah Berg, representing the applicant, pesented the request. Watson provided a review of the staff report and recommendation. Bordewyk opened the public hearing. Testimony was received by David Rossi and Jim Alcorn. Bordewyk closed the public hearing. Byrum moved, Vavruska seconded, and all voted to recommend approval to the 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 Mike Stetson, KTM Design Solutions, pesented the request. Watson provided a review of the staff report and recommendation. Bordewyk opened the public hearing. No testimony was received and Bordewyk closed the public hearing. Vavruska moved, Zwetzig seconded, and all voted to recommend approval to the City Council with Byrum abstaining. 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: Action: Set a public hearing for April 20, 2021 Spearfish Planning Commission Minutes April 6, 2021 Page 2 Item 3. Continued Jason Ward, representing Spring Branch LLC, presented the request. Watson provided a review of the staff report and recommendation. Vavruska moved, Meyer seconded, and all voted to set a public hearing for April 20, 2021 with Byrum abstaining. 4. Request: Approve a preliminary plat within the 3-mile extra platting territory Location: Lots 1-21 Cedar Berry Canyon, South of Homestake Road Applicant: Interstate Enginering Action: Set a public hearing for April 20, 2021 Trent Walters, Interstate Engineering, presented the request. Watson provided a review of the staff report and recommendation. Meyer moved, Byrum seconded, and all voted to set a public hearing for April 20, 2021. 5. Request: Solar Energy Systems Location: TBD Applicant: City of Spearfish Action: Provide Input Watson provided an update with regard to recent legislation that could affect how this ordinance is written. No action was taken. City Council Update – Watson advised of City Council’s decision to authorize a submittal for a new 100 foot tall wireless communications tower on Lookout Mountain. This will be submitted to the Planning Commission as a review of a conditional use permit request. Public Comment – No comments were received. Adjournment - Bordewyk adjourned the meeting at 3:50 p.m.  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 20, 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) and concept plan approval to increase the overall boundary of the Reserve Master Plan. Action: Hold a public hearing and make a recommendation to City Council 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 to add a one-acre lot portion to the subdivision. Page 1 Spearfish Planning Commission Staff Report Meeting Date: April 20, 2021 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. • This proposal does not meet the criteria for an annexation study since all major infrastructure exists within a short distance east of the property and will be extended to serve it by the owner. PROJECT DATA: Parcel size: 8.62 Acres Number of lots: 6 one acre lots – Single Family 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. Page 2 Spearfish Planning Commission Staff Report Meeting Date: April 20, 2021 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 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 RECOMMENDATION: Approve. PUBLIC COMMENTS: Notice of this request was published in the newspaper and provided to owners within city limits and immediately adjacent to the request (County) were notified of this Page 3 Spearfish Planning Commission Staff Report Meeting Date: April 20, 2021 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 ATTACHMENTS: Page 5 - Aerial and Site Plan Page 6 - Annexation and DRD change of zoning questionnaires. Join Zoom Meeting https://us02web.zoom.us/j/83348751116 Meeting ID: 833 4875 1116 Dial in: +1 346 248 7799 and enter Meeting ID: 833 4875 1116 Page 4 Spearfish Planning Commission Staff Report Meeting Date: April 20, 2021 Existing DRD approval within City Limits – Yellow Line Page 5 Spearfish Planning Commission Staff Report Meeting Date: April 20, 2021  Page 6 Spearfish Planning Commission Staff Report Meeting Date: April 20, 2021  Page 7 Spearfish Planning Commission Staff Report Meeting Date: April 20, 2021  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.  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: 4-20-2021 TO: Planning Commission FROM: Jayna Watson, City Planner RE: Medical Marijuana Dispensaries At your 4-20 meeting, we will discuss the status of the Spearfish Zoning Code as it relates to Medical Marijuana which becomes legal effective July 1, 2021. Recreational marijuana is still under review by the courts so will not be part of this discussion. The following outline will guide our review. Legislation Overview – City Attorney Ashley McDonald Zoning overview – City Planner Jayna Watson Definitions - Home Occupations Retail Zoning Districts - Residential to DRD Review processes - Administrative Approval Conditional Use Permits