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Planning Commission

Regular Meeting

Spearfish, SD · July 6, 2021

AgendaMinutes

Minutes

Spearfish Planning Commission Regular Session Minutes July 6, 2021 at 3:00 p.m. The Spearfish Planning Commission met in regular session on Tuesday, July 6, 2021 at 3:00 p.m. in the council chamber of city hall and via Zoom video conference. Due to the absence of the Chairman and Vice Chairwoman, Greg Kruskamp called the meeting to order at 3:00 p.m. Roll call was taken with the following members present: Abe Kean, Greg Kruskamp, Bob Meyer, and Larry Vavruska. Absent: Toby Bordewyk, Meghan Byrum, and Barbara Zwetzig. Also present: City Planner Jayna Watson, City Attorney Ashley McDonald. Kruskamp requested a motion to appoint a temporary chair for the meeting. Vavruska moved, Kean seconded, and all voted for Kruskamp to serve as temporary chair for the July 6, 2021 meeting. APPROVAL OF MINUTES: Meyer moved, Vavruska seconded, and all voted to approve the minutes of the June 15, 2021 Planning Commission meeting. DECLARATIONS OF CONFLICTS OF INTEREST: Kruskamp called for any potential conflicts of interest to be identified. Meyer indicated a conflict of interest on item 2 and would not participate in discussion or voting. Following Meyer’s declaration of a conflict, Watson stated that action on item 2 would need to be postponed to July 20th since there would be no quorum for that item. 1. Request: Approve a change of zoning from Ag (Agriculture) to R-1 (Single Family) and preliminary plat Location: Northeast corner of Blue Stem Boulevard and Woodlands Drive Applicant: Jim Boke Action: Hold a public hearing and make a recommendation to City Council Watson presented the staff report and reviewed the ordinance requirements. Kruskamp opened the public hearing. No persons provided testimony. Kruskamp closed the public hearing. Vavruska moved, Meyer seconded, and all voted to recommend approval to the City Council. 2. Request: Approve a preliminary plat for a 9 lot subdivision - Eastwood Court Location: East of Woodlands Drive Applicant: Jim Boke Action: Hold a public hearing and make a recommendation to City Council Due to lack of quorum, no action was taken. Request rescheduled for action on July 20, 2021. 3. Request: Approve a change of zoning from Ag (Agriculture) to R-1 (Single Family) and preliminary plat with a variance to sewer requirements for lots 2-7 Location: West of Falcon Crest on Bridgestone Street Applicant: Bridgestone Estates LLC Spearfish Planning Commission Minutes July 6, 2021 at 3:00 p.m. Page 2 3. continued Action: Set a public hearing for July 20, 2021 from p. 1 Watson presented the staff report and reviewed the ordinance requirements. Meyer moved, Kean seconded, and all voted to set a public hearing for July 20, 2021. 4. City Council Update – Watson provided information regarding the pending City Council action on the Cannabis Establishment ordinance, the City’s new water conservation program messages, and the Sky Ridge construction update. 5. Public Comment – No comments were provided. 6. Adjournment - Kruskamp adjourned the meeting at 3:28 p.m.

Agenda

Spearfish Planning Commission Agenda July 6, 2021 at 3:00 p.m. Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish, SD And Zoom Online Meeting Join Zoom Meeting https://us02web.zoom.us/j/84420098169 Meeting ID: 844 2009 8169 Or Dial in: +1 253 215 8782 and enter Meeting ID A. Call To Order B. Roll Call C. Approve the Minutes from June 15, 2021 D. Declaration of Conflicts of Interest E. Items for Action 1. Request: Approve a change of zoning from Ag (Agriculture) to R-1 (Single Family) and preliminary plat Location: Northeast corner of Blue Stem Boulevard and Woodlands Drive Applicant: Jim Boke Action: Hold a public hearing and make a recommendation to City Council 2. Request: Approve a preliminary plat for a 9 lot subdivision - Eastwood Court Location: East of Woodlands Drive Applicant: Jim Boke Action: Hold a public hearing and make a recommendation to City Council 3. Request: Approve a change of zoning from Ag (Agriculture) to R-1 (Single Family) and preliminary plat with a variance to sewer requirements for lots 2-7 Location: West of Falcon Crest on Bridgestone Street Applicant: Bridgestone Estates LLC Action: Set a public hearing for July 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 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. Page 2 Spearfish Planning Commission Agenda 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 June 15, 2021 at 2:00 p.m. The Spearfish Planning Commission met in regular session on Tuesday, June 15, 2021 at 2:00 p.m. in the council chamber of city hall and via Zoom video conference. Chairman Bordewyk called the meeting to order at 2:00 p.m. Roll call was taken with the following members present: Toby Bordewyk, Meghan Byrum, Abe Kean, Greg Kruskamp, Bob Meyer, and Barbara Zwetzig. Absent: Larry Vavruska. Also present: City Planner Jayna Watson APPROVAL OF MINUTES: Kruskamp moved, Kean seconded and all voted to approve the minutes of the June 1, 2021 Planning Commission meeting. DECLARATIONS OF CONFLICTS OF INTEREST: Bordewyk called for any potential conflicts of interest to be identified. Meyer stated he had a conflict of interest on Item 3, preliminary plat for the 9 lot subdivision at the Woodlands and will abstain from discussion and voting. 1. Request: Approve a DRD final plan for a 14 unit apartment building Location: Lot 40 Block 16 at the Reserve Applicant: Kevin Dailey Action: Make a recommendation to City Council Kevin Dailey presented the request. Watson presented the staff report and reviewed the ordinance requirements. Comments of the Planning Commission included verification of concept plan conformance and potential for green space in the turnaround area. Bordewyk opened the public hearing. Providing testimony were John Buxton, 3841 Ward Avenue and Roger Lessly, 3833 Ward Avenue. Bordewyk closed the public hearing. Additional discussion took place pertaining to concerns raised in public hearing over dust control during construction, the final version of the site plan to be built, and the green space in the turnaround area. Byrum moved to recommend approval without the green space in the turnaround area on the site plan. Motion died for lack of a second. Meyer moved, Zwetzig seconded, to recommend approval with a preference that the green space is provided in the turn around area. Motion passed 4-1 with Byrum voting No. 2. Request: Approve a change of zoning from Ag (Agriculture) to R-1 (Single Family) and preliminary plat Location: Northeast corner of Blue Stem Boulevard and Woodlands Drive Applicant: Jim Boke Action: Set a public hearing for July 6, 2021 Jim Boke presented the request. Watson presented the staff report and reviewed the ordinance criteria for a change of zoning. Kruskamp moved, Byrum seconded, and all voted to set a public hearing for July 6, 2021. Spearfish Planning Commission Minutes June 15, 2021 at 2:00 p.m. Page 2 3. Request: Approve a preliminary plat for a 9 lot subdivision Location: East of Woodlands Drive Applicant: Jim Boke Action: Set a public hearing for July 6, 2021 Jim Boke presented the request. Watson presented the staff report and reviewed the ordinance criteria for a preliminary plat. Kruskamp moved, Zwetzig seconded, and all voted to set a public hearing for July 6, 2021 with Meyer abstaining. 4. City Council Update – Watson reviewed: 1) temporary closure of the swimming hole at the Rushmore Bridge while crews prep the bridge for its new location, 2) county jail proposal, 3) new city bandshell, 4) City Councils approval of first reading of the zoning section pertaining to cannabis establishments but removing any cannabis establishment from being permitted within Central Core zoning, and 5) timeline to recruit and fill the city administrator’s position. 5. Public Comment – No comments were provided. 6. Adjournment - Bordewyk adjourned the meeting at 2:50 p.m. Spearfish Planning Commission Staff Report Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish SD 57783 and by Zoom Teleconference, see page 3 for instructions to join. Meeting Date and Time: July 6, 2021 at 3:00 p.m. Applicant: Jim Boke Request: Approve a change of zoning from Ag (Agriculture) to R-1 (Single Family), and preliminary plat Action: Hold a public hearing and make a recommendation to City Council. Location: Northeast corner of Blue Stem Boulevard and Woodlands Drive Subject Site Blue Stem Blvd. (unimproved) Proposal Summary: This will result in the development of a single family subdivision with lot sizes of ½ acre. Page 1 Spearfish Planning Commission Staff Report Meeting Date: July 6, 2021 at 3:00 p.m. BACKGROUND AND HISTORY: Briefly summarize the surrounding property, use bullet points and examples below: • Annexed into the Foothills Addition in 2003 and zoned Agriculture (Ag) • Surrounding zoning and development patterns: - North zoned Ag, undeveloped - South, and west, zoned DRD/PUD, developed as single family - East – zoned Ag and undeveloped • Site data: - Parcel size 18.77 acres - 23 single family dwellings proposed - Standard R-1 single family setbacks and development standards PROJECT DATA: Parcel size: 18.77 acres Number of lots/dwellings: 23 single family Setbacks required: Front – 25 feet Rear – 25 feet Side – 8 feet Lot size: Plan shows ½ acre lots however applicant will have the flexibility to plat each lot at a minimum of 8,000 square feet. REVIEW CRITERIA AND STAFF ANALYSIS: The rezoning request is guided by the City of Spearfish Revised Code of Ordinances, Appendix A - Zoning, Article VI. Administration and Enforcement, Section 5. Amendments. Staff’s analysis follows each statement in italic text. 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. This parcel is within a growth area for residential development. Demand remains steady for medium sized single family lots. In 2020, Spearfish issued 101 new single family home permits. In 2021 this number will likely be exceeded since as of May, 57 new single family home permits have been issued. b) Be consistent with the intent and purposes of the ordinance. The zoning district being requested is consistent with the creation of a single family residential neighborhood. The development standards will be the R-1 single family for lot size, standard setbacks, lot coverage, etc. c) Not directly or indirectly adversely affect any other part of the ordinance. Not applicable d) Be consistent with and not in conflict with the Spearfish comprehensive plan. The comprehensive plan identifies this location as being with the ‘contiguous city’ which are the locations where the development patterns are established, and infrastructure exists to serve growth. Within this geography, the proposal should “Consider traffic patterns, street design, pedestrian ways, setback, architecture, open space, and environmental quality when determining the compatibility of a new land use proposal located in an area having an established development pattern.” The proposal reflects a logical extension of the existing street and utilities network. Blue Stem Boulevard is shown on the Master Transportation Plan as an east/west Page 2 Spearfish Planning Commission Staff Report Meeting Date: July 6, 2021 at 3:00 p.m. collector street and will be built with this development. The approximate trip generation resulting from this property will be approximately 230 daily trips. An open space/trail corridor runs along the north boundary of the parcel and will be incorporated as part of the Woodlands private trail system. This is not a city maintained system and is not a condition of zoning approval. Preliminary Plat Request - Approval of the preliminary plat is based on: 1) All lots are provided a means of access to the street system and the road meets the standards of the subdivision code, as well as the master transportation plan. 2) Lots are the minimum size according to the zoning of the property. 3) Water and sewer infrastructure requirements of Chapter 15A of the subdivision code are met. Street access - The internal street cross sections are a 54 foot right of way consisting of 29 feet of drivable width, curb/gutter, and sidewalk on both sides, and parking on one side. This is the minor residential classification according to the code and is consistent with the number of vehicle trips expected within this neighborhood. Street grades throughout range from 1 percent to 5.4 percent. The Master Transportation Plan identifies Blue Stem Boulevard as a collector street which provides for 44 feet of drivable width, and instead of two 5 foot sidewalks, one 8 foot sidewalk is proposed. Lot size - Lot sizes are ½ acre which exceed the minimum according to the zoning district requirements of 8,000 square feet. Adding lots after preliminary plat is approved is permitted administratively, if each has individual water/sewer services, and the lots are a minimum of 8,000 square feet. Water and sewer infrastructure - Standard city water and sewer mains will serve the project. PUBLIC COMMENTS: Notice of the public hearing was published in the newspaper and certified mail notices were provided to property owners within 200 feet of the parcel boundary. No comments have been received as of this writing. STAFF RECOMMENDATION: Approve. Join by zoom teleconference https://us02web.zoom.us/j/84420098169 Meeting ID 844 2009 8169 Or dial in at +1 253 215 8782 and enter Meeting ID ATTACHMENTS: Page 4 - Aerial and Zoning Map Page 5 – 6 - Applicant’s Comprehensive Plan Questionnaire/Narrative Page 7 - Context Map – Tract H (this request) and Tract W1/W2 (separate request) Page 8 – 12 Preliminary plat and supporting documents Page 13 – Master Transportation Plan – Major Streets Plan Staff Contact: Jayna Watson, City Planner, 605-717-1122; jayna.watson@cityofspearfish.com Page 3 Spearfish Planning Commission Staff Report Meeting Date: July 6, 2021 at 3:00 p.m. Location of change of zoning from Ag (Agriculture) to R-1 (Single Family) and preliminary plat approval – Yellow Boundary Cross Hatch – PUD and DRD Green = City Agriculture Page 4 Spearfish Planning Commission Staff Report Meeting Date: July 6, 2021 at 3:00 p.m. City of Spearfish Comprehensive Plan Questionnaire Change of zoning and revisions to DRD concept plans Please provide complete written responses to the following questions concerning your request. 1. In general, describe features of your project that make it compatible to the existing development patterns around your parcel. Tract H adjoins the Homestead at Spearfish subdivision along the section line street Bluestem Blvd, for 1/4 mile and is located on the north side of the section line. It is a logical extension of this subdivision with the ability to have city sewage services with natural flow. There is also R1 density to the west side of Tract H, the Honeysuckle court area. 2. If the land uses that are adjacent to your property are of a lesser land use intensity, describe specific buffering methods to be used that will reduce the impacts to the lesser intensity land uses. Track H is located below, to the south of Tract W which is zoned city agriculture, as is the property to the east. Tract H also slopes towards the south. The visual impact to Tract W of the homes in Tract H is minimized by most of them being out of sight. 3. Describe changes or upgrades needed to the street network to accommodate traffic from your project. None to our knowledge as this was planned in our earlier stages of development. Bluestem Blvd has been planned from the beginning to be a 42 ft collector street. 4. Describe changes to proposed site access points if they are different from any previous zoning, conditional use permit or DRD concept plan approval. Access will be the section line street Bluestem Blvd along the entire south side of Tract H. 5. Describe the locations of sidewalks and paths that will be extended along the site frontage or through the property. Standard 5 foot sidewalks will be located throughout the project on all streets except for streets that the city and developer agree upon that the area may be better served by one 8 foot sidewalk on one side of that street. Page 5 Spearfish Planning Commission Staff Report Meeting Date: July 6, 2021 at 3:00 p.m. 6. Identify the dimensions of the proposed building setbacks, and if they are more, less, or the same as what is required by existing zoning on the adjacent property. Setbacks are proposed to be standard city setbacks as lots are close to half acre lots. 7. Identify the proposed building height, and if it is more, less, or the same as what is required by existing zoning on the adjacent property. Building heights will be standard residential building heights according to city ordinances. Homestead Covenants has some restrictions limiting heights in some locations to prevent excessive restriction of neighbors views. 8. Does the proposed open space function as: (mark all that apply) a. Undeveloped space between the project and adjacent development b. Passive recreation (walking/biking paths, benches/tables) c. Active recreation (playground structures, sports courts/fields) There is no proposed open space. 9. Describe if any existing vegetation will be removed from the site or from the public right of way. There is only native grasses on Tract H at this time. It will be reseeded the same until homeowners build and landscape. 10. If your project promotes or supports Black Hills State University by offering services, programs, facilities, housing or other benefits to the University, describe what is being provided. Only that we would be providing very nice single family lots for potential or existing BHSU faculty and administrators. 11. Describe any affordable housing goals that could be met by your project. None with this project 12. Describe any other features of your project not addressed above that contribute to the overall well-being and development of the community. These will be a little larger traditional curb and gutter city residential lots with great views located in an extremely convenient location just north exit 14. Page 6 Spearfish Planning Commission Staff Report Meeting Date: July 6, 2021 at 3:00 p.m. Location of change of zoning from Ag to R1 Page 7 Spearfish Planning Commission Staff Report Meeting Date: July 6, 2021 at 3:00 p.m. Page 8 Spearfish Planning Commission Staff Report Meeting Date: July 6, 2021 at 3:00 p.m. Page 9 Spearfish Planning Commission Staff Report Meeting Date: July 6, 2021 at 3:00 p.m. Page 10 Spearfish Planning Commission Staff Report Meeting Date: July 6, 2021 at 3:00 p.m. Page 11 Spearfish Planning Commission Staff Report Meeting Date: July 6, 2021 at 3:00 p.m. Page 12 Spearfish Planning Commission Staff Report Meeting Date: July 6, 2021 at 3:00 p.m. Major Streets Plan of the Master Transportation Plan Green solid line – existing collector Green dashed line – future collector Blue Stem Boulevard Red solid line – existing arterial Red solid line – future arterial Page 13 Spearfish Planning Commission Staff Report Meeting Date: July 6, 2021 at 3:00 p.m. Spearfish Planning Commission Staff Report Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish SD 57783 and by Zoom Teleconference, see page 3 for instructions to join. Meeting Date and Time: July 6, 2021 at 3:00 p.m. Applicant: Jim Boke Request: Approve a preliminary plat for a 9 lot subdivision Action: Hold a public hearing and make recommendation to City Council Location: East of Woodlands Drive Proposal Summary: This will result in the development of a single family subdivision with lot sizes of 2 acres Page 1 Spearfish Planning Commission Staff Report Meeting Date: July 6, 2021 at 3:00 p.m. BACKGROUND AND HISTORY: • Annexed into the Foothills Addition in 2003 and zoned Agriculture (Ag) • Surrounding zoning and development patterns: - North zoned Ag, undeveloped - Northwest zoned Ag, developed as the Woodlands subdivision - South zoned Ag with pending change of zoning for R-1 single family and presently undeveloped - East – zoned Ag and undeveloped PROJECT DATA: Parcel size: 24.2 acres Number of lots/dwellings: 9 single family lots, 2 acres + in size. REVIEW CRITERIA AND STAFF ANALYSIS: This request is governed by the subdivision code which requires the review of the following: 1) All lots are provided a means of access to the street system and the road meets the standards of the code, as well as the master transportation plan. 2) Lots are the minimum size according to the zoning of the property. 3) Water and sewer infrastructure requirements of Chapter 15A of the subdivision code are met. Street access - The proposed street cross section for this property will be similar to the existing Woodland Drive, with a 60 foot right of way and 24 feet of driving lanest, 2 foot paved shoulders, no curb/gutter or sidewalk and roadside drainage ditches. This is the low density residential classification according to the code and is consistent with the large lot plan and cul de sac. Preliminary street grades range from 5.5 percent to 2.5 percent. No collector or arterial streets are illustrated by the Master Transportation Plan in this location. Lot size – The minimum lot size of the Ag zoning district is one acre. The proposed lots are 2.5 acres each. Water and sewer infrastructure – The property owner will extend a water main to these lots from Woodland Drive and will provide a looped connection to Tract H lying to the south. Sewer is not required since the parcel is zoned Ag, and gravity sewer flow is more than 200 feet from the property line, which qualifies this property to use individual septic systems according to this recent change to the city’s subdivision ordinance in section 15A-95: (c) Except where otherwise prohibited by law, easement, ordinance, or other more restrictive regulation, for lots one (1) acre and larger zoned Agriculture (AG), and located at a distance greater than otherwise required by state law or city code to be connected to a sanitary sewer, connection to the municipal sewer system is not required. Private disposal systems are permitted and must be designed and stamped by a registered professional engineer. Connection to the municipal water system is required. Page 2 Spearfish Planning Commission Staff Report Meeting Date: July 6, 2021 at 3:00 p.m. The 200 foot distance to sewer is in this section of city code: Sec. 18-66. When sewer connection required (with exceptions). The owner of each house, building, or property used for human occupancy, employment, recreation, or other purposes, situated within the city and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the city, is hereby required, at the owner's expense, to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article within ninety (90) days after date of official notice to do so, provided a public sewer is within two hundred (200) feet of the property line. An open space/trail corridor runs along the south boundary of the parcel and will be incorporated as part of the Woodlands private trail system. This is not a city maintained system and is not a condition of preliminary plat approval. PUBLIC COMMENTS: Notice of the public hearing was published in the newspaper. No comments have been received as of this writing. STAFF RECOMMENDATION: Approve Join by zoom teleconference https://us02web.zoom.us/j/84420098169 Meeting ID 844 2009 8169 Or dial in at +1 253 215 8782 and enter Meeting ID ATTACHMENTS: Page 4 - Aerial and Zoning Map Page 5 – Context Map - Tract W1 and W2 (this request) and Tract H (separate rezoning request) Page 6–9 Preliminary Plat and supporting documents Tracts W1 and W2 Staff Contact: Jayna Watson, City Planner, 605-717-1122; jayna.watson@cityofspearfish.com Page 3 Spearfish Planning Commission Staff Report Meeting Date: July 6, 2021 at 3:00 p.m. Location of preliminary plat approval – Yellow Boundary Cross Hatch – PUD and DRD zoning Green = City Agriculture zoning Page 4 Spearfish Planning Commission Staff Report Meeting Date: July 6, 2021 at 3:00 p.m. Page 5 Spearfish Planning Commission Staff Report Meeting Date: July 6, 2021 at 3:00 p.m. Page 6 Spearfish Planning Commission Staff Report Meeting Date: July 6, 2021 at 3:00 p.m. Page 7 Spearfish Planning Commission Staff Report Meeting Date: July 6, 2021 at 3:00 p.m. Page 8 Spearfish Planning Commission Staff Report Meeting Date: July 6, 2021 at 3:00 p.m. Page 9 Spearfish Planning Commission Staff Report Meeting Date: July 6, 2021 at 3:00 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: July 6, 2021 at 3:00 p.m. Applicant: Bridgestone Estates LLC Request: Approve a change of zoning from Ag (Agriculture) to R-1 (Single Family) and a preliminary plat with a variance to sewer requirements for lots 2-7 Action: Set a public hearing for July 20, 2021 Location: West of the Falcon Crest subdivision on Bridgestone Street. Christensen Dr. 26th St. Proposal Summary: This request will apply the R1 Single Family zoning on one lot, with 6 lots to retain the existing AG zoning for this residential subdivision. A variance is requested to waive the requirements to extend a municipal sewer to serve all but the R1 one lot. Page 1 Spearfish Planning Commission Staff Report Meeting Date: July 6, 2021 at 3:00 p.m. BACKGROUND AND HISTORY: • Annexed and rezoned to AG in 2018 • Surrounding zoning and development patterns: - North zoned AG, developed with one residential structure on 5 acres - South, undeveloped/ County Ag zoning - East, developed as single family - West, single family PROJECT DATA: Parcel size: 14.90 Acres Number of lots: 7 Lot sizes: .5 acre to 8 acres Setbacks required: Front:25 Feet Rear: 25 Feet Side: 8 Feet Street cross section: The Low Density Residential street classification from the subdivision code is proposed; 60 feet of right of way, 24 feet for driving lanes, 2 foot paved shoulders, no curb/gutter or sidewalks, drainage swales on both sides of the street. City code requires that if a sewer is within 200 feet of a property line, sewer services must be provided. A variance is requested for this requirement and two factors influence this: • All of the parcel (except lot 1) slopes to the west and is lower in elevation than the existing gravity sewer lying to the east in Bridgestone St. • While gravity sewer exists along the west parcel boundary, it is not cost effective for the city to own/maintain 700 feet of sewer for the number of lots served. REVIEW CRITERIA AND STAFF ANALYSIS: Rezoning Request - The portion of this request to change the zoning on Lot 1 Block 2 is guided by the City of Spearfish Revised Code of Ordinances, Appendix A- Zoning, Article VI. Administration and Enforcement, Section 5. Amendments. Staff’s analysis follows each statement in italic text. 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. The change of zoning for lot 1 is appropriate and consistent with the existing residential land uses of the area. b) Be consistent with the intent and purposes of the ordinance. The R-1 Single Family zoning requested for lot 1 is consistent with the residential properties surrounding the parcel. c) Not directly or indirectly adversely affect any other part of the ordinance. No adverse impacts on other ordinance requirements will result. The concept of ‘spot zoning’ does not apply here, which is a term used to describe a land use that is inconsistent Page 2 Spearfish Planning Commission Staff Report Meeting Date: July 6, 2021 at 3:00 p.m. with its surroundings. With the advent of mixed use zoning tools in the last 30-40 years where dramatically different land uses can co-exist, spot zoning is no longer a relevant planning theory. d) Be consistent with and not in conflict with the Spearfish comprehensive plan. This parcel is located within the ‘Contiguous City’ where surrounding land use patterns have been established. This request is consistent with the surrounding areas. Preliminary Plat and Variance Request - Approval of the preliminary plat is based on: 1) All lots are provided a means of access to the street system and the road meets the standards of the subdivision code, as well as the master transportation plan. 2) Lots are the minimum size according to the zoning of the property. 3) Water and sewer infrastructure requirements of Chapter 15A of the subdivision code are met. Street access - The proposed street cross section for this property will have 60 feet of right of way and 24 feet of asphalt with 2 foot wide paved shoulder, no curb/gutter or sidewalk and drainage conveyed in roadside ditches. This is the low density residential classification according to the code and is consistent with the large lot plan and cul de sac. Street grade is proposed to be 5 percent. The Master Transportation Plan does not show any required major street right of way abutting or within this property. The nearest future collector street is approximately ½ mile south of the subject property. Lot size - Lot sizes are the minimum according to the zoning district requirements. Lot 1 is ½ acre (8,000 s,f, minimum per R-1 single family) and the remaining lots are 1 acre and larger per the minimum of Ag zoning. Water and sewer infrastructure - A standard city water main will extend from the east to serve the 7 lots. Only Lot 1 will have sewer service. The remaining lots will have septic systems which is the subject of the variance request. Sewer variance - The variance criteria in the subdivision code is as follows (underline emphasis added): “An applicant who is able to show an extraordinary hardship arising from the location, topography, or other physical characteristic, which would make it difficult or impossible to conform strictly to these regulations, may apply for a variance. The common council, upon finding that such conditions do exist and that the public interest shall be secured and that such project will be beneficial to the community and not nullify the intent and purposes of the comprehensive plan or these regulations, may vary the regulations so that substantial justice may be done. The applicant has included a justification for the variance for why sewer should not be required for lots 2-7, and it is attached to this report. The primary justification is topography that prohibits gravity flow to the east and city operational feasibility that prohibit flow to the west. Staff finds that the variance criteria is met. PUBLIC COMMENTS: Property owners within 200 feet of the parcel within city limits will receive notice of the public hearing which will also be published in the newspaper. A copy of this report has been provided to the Lawrence County Planning and Zoning department. Page 3 Spearfish Planning Commission Staff Report Meeting Date: July 6, 2021 at 3:00 p.m. STAFF RECOMMENDATION: Set a public hearing for July 20, 2021 Staff Contact: Jayna Watson, City Planner, 605-717-1122; jayna.watson@cityofspearfish.com Join by zoom teleconference: https://us02web.zoom.us/j/84420098169 Meeting ID 844 2009 8169 OR DIAL IN: +1 253 215 8782, enter Meeting ID. ATTACHMENTS: Page 5 - Aerial and Zoning Map Page 6 – 9 Preliminary Plat and supporting documents Page 10 - Applicant narrative – variance justification Page 11 - Master Transportation Plan – Major Street Plan Page 4 Spearfish Planning Commission Staff Report Meeting Date: July 6, 2021 at 3:00 p.m. Christensen Dr. 26th St. Blue boundary - overall site location Yellow - change of zoning from Ag to R1 Single Family Zoning Legend: Green = Ag zoning Pink cross hatch = Planned Unit Development – Single Family Red = C2 Highway Service Commercial Page 5 Spearfish Planning Commission Staff Report Meeting Date: July 6, 2021 at 3:00 p.m. Page 6 Spearfish Planning Commission Staff Report Meeting Date: July 6, 2021 at 3:00 p.m. Page 7 Spearfish Planning Commission Staff Report Meeting Date: July 6, 2021 at 3:00 p.m. Page 8 Spearfish Planning Commission Staff Report Meeting Date: July 6, 2021 at 3:00 p.m. Page 9 Spearfish Planning Commission Staff Report Meeting Date: July 6, 2021 at 3:00 p.m. Page 10 Spearfish Planning Commission Staff Report Meeting Date: July 6, 2021 at 3:00 p.m. Location of Subject Property Master Transportation Plan – Major Street Plan Green solid/dashed – existing collector street/proposed collector Red solid/dashed – existing arterial/proposed arterial Page 11 Spearfish Planning Commission Staff Report Meeting Date: July 6, 2021 at 3:00 p.m.

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