Planning Commission

Spearfish Planning Commission Agenda July 20, 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/84274255076 Meeting ID: 842 7425 5076 Or Dial in: 1 346 248 7799 and enter Meeting ID A. Call To Order B. Roll Call C. Approve the Minutes from July 6, 2021 D. Declaration of Conflicts of Interest E. Items for Action 1. Request: Approve a preliminary plat for a 9 lot subdivision - Eastwood Court Location: East of Woodland Drive Applicant: Jim Boke Action: Hold a public hearing and make a recommendation to City Council 2. 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: Hold a public hearing and make a recommendation to City Council 3. Request: Solar Energy Ordinance Location: To be determined Applicant: City of Spearfish Action: Provide input 4. Request: Review Planning Commission Bylaws Action: Provide input Page 2 Spearfish Planning Commission Agenda July 20, 2021 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 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.  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 20, 2021 at 3:00 p.m. Applicant: Jim Boke Request: Approve a preliminary plat for a 9 lot subdivision - Eastwood Court Action: Hold a public hearing and make a recommendation to City Council Location: East of Woodland 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 20, 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 lanes, 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 20, 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 is shown on the south boundary of the parcel and potentially could be incorporated as part of the Woodlands neighborhood private trail system. This is not a city maintained system and is not a condition of preliminary plat approval. If applicant does not develop the trail, this space would be incorporated into the adjoining lots. 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/84274255076 Meeting ID 842 7425 5076 Or dial in at 1 346 248 7799 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 20, 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 20, 2021 at 3:00 p.m.  Page 5 Spearfish Planning Commission Staff Report Meeting Date: July 20, 2021 at 3:00 p.m.  Page 6 Spearfish Planning Commission Staff Report Meeting Date: July 20, 2021 at 3:00 p.m.  Page 7 Spearfish Planning Commission Staff Report Meeting Date: July 20, 2021 at 3:00 p.m.  Page 8 Spearfish Planning Commission Staff Report Meeting Date: July 20, 2021 at 3:00 p.m.  Page 9 Spearfish Planning Commission Staff Report Meeting Date: July 20, 2021 at 3:00 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: 7/20/2021 TO: Planning Commission FROM: Jayna Watson, City Planner RE: Photovoltaic/Solar Regulations Work on this ordinance will resume at the July 20 meeting. Previously, the Commission reviewed a points method to assess a solar installation. We will review and confirm if this is a desired option moving forward. The proposal attached is a simplified and revised version of the concept reviewed in March. Staff recommends the following: 1) No change to the current code that allows administrative approval in all zoning districts with one added new regulation re: lot coverage. • system is permitted as an accessory use to the primary use of the property. • height and standard building setback regulations apply • (new) lot coverage maximum is per zoning district. If no maximum lot coverage is specified in the district, the maximum coverage is 40%. 2) If the lot coverage maximum of the zoning district is exceeded, a CUP review is required, and all sites must comply with the maximum point allowance of 10 which requires the applicant to implement mitigation measures to reach this number. In addition to the points, the application must be reviewed according to the standard CUP criteria. 3) Determine a formal name for this land use. The current proposal is ‘Solar Energy Conversion Facility’. Example: Fictitious Solar Energy Conversion Facility Features: - 10 acres; zoned Agriculture - Solar panels and equipment to cover 80 percent of the lot - Panels will be setback double the required distance of the AG District: 50 feet front, 50 feet rear, 20 feet sides (minimum is 25, 25,10) - Panels will be clearly visible from a public viewpoint. - Along a residential neighborhood edge, a row of evergreen trees, 30 feet on center will be provided. - Overall panel height = 15 feet A maximum of 10 points is permitted for ANY location to be eligible for approval of a CUP. Add/deduct points for each feature. PANEL HEIGHT POINT SCORE VALUE More than zoning district maximum + 30 Equal to the zoning district + 20 maximum More than 10 feet but less than +10 +10 zoning district maximum 10 feet or less -10 VISUAL MITIGATION OF PUBLIC POINT SCORE VIEW VALUE Visibility of panels from a public -20 viewpoint is significantly limited due to vegetation, topography, structures, or other visual barrier Panels are partially visible from a -10 public viewpoint. Panels are clearly visible from all +20 +20 public viewpoints. BUFFERS TO ADJOINING RESIDENTIAL LAND USES Existing or new site feature will -20 completely restrict visibility Existing or new site feature will -10 -10 partially limit visibility No buffer provided +20 SETBACK Meets zoning district 0 requirement Equals 200 to 300 percent of -10 -10 requirement More than 300 percent of -20 requirement TOTAL SCORE: 10 July 20, 2021 Solar Energy Conversion Facilities Page 2 Example of how existing CUP evaluation criteria would be analyzed for a solar energy conversion facility: CUP. Evaluation criteria. In either making a recommendation to approve or deny, or acting to approve or deny an application for a CUP, the following criteria shall be considered: 1. The proposed use shall comply with other ordinances. A CUP may not be issued to allow a use otherwise prohibited specifically identified as being eligible for a CUP; Building and fire codes will apply. 2. The proposed use shall be eligible for a CUP based on the zoning district; Because the site coverage is more than 10 percent, the request is eligible for consideration of a CUP, provided the points criteria are met. 3. The proposed use shall comply with the setback, lot coverage, height, and other requirements of the zoning district, unless the subject property is currently legally nonconforming or a request for a variance is simultaneously submitted with the application for a CUP; The request scores 10 out of a maximum of 10 points as identified on the Solar Energy Conversion Facility points list. Panel height of 15 feet +10 points Panels are clearly visible from all public viewpoints +20 points Existing or new site feature will partially limit visibility - 10 points Setback equals 200 to 300 percent of requirement - 10 points Total points = 10 points 4. The proposed use shall be compatible with the location, physical character, and topographic features of the property; the adjoining land uses are single family; this use produces no noise, dust, or odor. 5. Buffering measures along parcel boundaries shall exist or be incorporated to mitigate any visual impact of outdoor use areas onto adjacent property; Required landscape buffer along residential side provided. 6. If applicable, lighting from all sources shall be designed so that it does not unreasonably affect adjacent property; Lighting on equipment building will be shielded and directed downward. 7. The proposed use shall not create an unreasonable public safety issue relating to the property or its surroundings, nor increase the risks of an existing public safety issue; Property will be fenced with 6 foot chain link for security purposes. July 20, 2021 Solar Energy Conversion Facilities Page 3  8. The proposed use shall have adequate pedestrian and vehicular access, circulation, and parking, including those related to bicycle transportation and transportation by persons with physical disabilities; Not applicable 9. The proposed use shall not result in any unusual or unreasonable parking impacts. Parking requirement is minimal – one or two service vehicles a week. 10. The proposed use shall not result in an unusual or unreasonable number of vehicle trips per day as measured against the character of the neighborhood of the subject property and the street network serving it; One or two service vehicles a week. 11. The proposed use shall not result in an unusual or unreasonable level of noise; Equipment building is completely enclosed. Solar panels produce no noise. 12. Adequate public services and utilities shall be available to accommodate the proposed use; and No water and sewer services required. 13. Additional imposed conditions, if any, will mitigate any probable adverse impacts of the proposed use. 14. For applications for small wind energy systems (SWES) only, the specific conditional use permit criteria for the SWES has been met July 20, 2021 Solar Energy Conversion Facilities Page 4  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 20, 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: Hold a public hearing and make a recommendation to City Council 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 20, 2021 at 3 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 20, 2021 at 3 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 received notice of the public hearing which was also published in the newspaper. A copy of this report has been provided to the Lawrence County Planning and Zoning department. No comments have been received. Page 3 Spearfish Planning Commission Staff Report Meeting Date: July 20, 2021 at 3 p.m.  STAFF RECOMMENDATION: Approve. Staff Contact: Jayna Watson, City Planner, 605-717-1122; jayna.watson@cityofspearfish.com Join by zoom teleconference: https://us02web.zoom.us/j/84274255076 Meeting ID 842 7425 5076 OR DIAL IN: 1 346 248 7799 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 20, 2021 at 3 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 20, 2021 at 3 p.m.  Page 6 Spearfish Planning Commission Staff Report Meeting Date: July 20, 2021 at 3 p.m.  Page 7 Spearfish Planning Commission Staff Report Meeting Date: July 20, 2021 at 3 p.m.  Page 8 Spearfish Planning Commission Staff Report Meeting Date: July 20, 2021 at 3 p.m.  Page 9 Spearfish Planning Commission Staff Report Meeting Date: July 20, 2021 at 3 p.m.  Page 10 Spearfish Planning Commission Staff Report Meeting Date: July 20, 2021 at 3 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 20, 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: 7/20/2021 TO: Planning Commission FROM: Jayna Watson, City Planner RE: Bylaw Revisions Staff recommends that the Commission consider a change to its bylaws article 6 to enable the chair to vote on all matters. The reason for this change is that when a full membership is not present, and a conflict is declared, there is less likelihood of not having a quorum to vote. Attached are the current bylaws with the suggested edit in strikeout, and underlined text. If additional changes are needed, this can be discussed as well. If this revision is desired by the Commission, the rules of bylaw amendment are to present and discuss the change (7-20 meeting) and then take formal action at the next meeting.  BYLAWS OF PLANNING COMMISSION CITY OF SPEARFISH, LAWRENCE COUNTY, SOUTH DAKOTA ARTICLE 1. NAME The name of this commission shall be the City of Spearfish Planning Commission (hereinafter "Commission"). ARTICLE 2. PURPOSE and POWERS The purpose of the Commission is to promote the health, safety, and general welfare of the City of Spearfish by reviewing community development matters and making recommendation s to the City Council on such matters. The Commission shall have the powers conferred upon it by state law and the Revised Ordinances of the City of Spearfish. ARTICLE 3. MEMBERS 3.1 The members of the Commission shall consist of not less than five (5) members appointed by the Mayor of the City of Spearfish and confirmed by the City Council. 3.2 The term of each appointed Commission member shall be for five (5) years, with no limits on the number of terms served. 3.3 The Mayor shall fill a vacancy or add a member to the Commission in the same manner as for appointment. 3.4 The Mayor may remove any member without cause with the confirmation of the City Council. ARTICLE 4. OFFICERS and ORGANIZATION 4.1 The officers of the Commission shall consist of a chairman and vice-chairman. These officers shall perform the duties prescribed by these bylaws including the parliamentary procedure adopted by the Commission. 4.2 The officers shall be elected by members of the Commission and will serve for one year or until their successors are elected. The term of office will begin at the close of the annual meeting at which the officers are elected. 4.3 No member may hold more than one office at a time and no member may serve more than two consecutive terms in the same office. 4.4 The Zoning Administrator is the primary contact person for all the Commission's meeting activities and is responsible for the publication and distribution of the Commission's agendas, meeting minutes, staff reports, and related documents necessary for the Commission to perform its duties. City of Spearfish Planning Commission Bylaws ARTICLE 5. MEETINGS 5. 1 The regular meeting of the Commission shall be held on the first and third Tuesday of each month unless otherwise ordered by the Commission. 5.2 The regular meeting on the third Tuesday in January shall be known as the annual meeting and shall be for the purpose of electing officers, receiving reports of officers and committees, and for any other business that may arise. 5.3 Special meetings may be called by the chairman or vice-chairman, or upon the request of three members of the Commission. The purpose of the meeting shall be stated in the call and, except in cases of emergency, at least three days' notice shall be given. 5.4 A simple majority of the Commission shall constitute a quorum. 5.5 In the event of the absence of the chairman and vice-chairman, the Commission shall elect a temporary chairman at the start of the meeting, who shall then preside over that meeting only. 5.6 The Zoning Administrator may cancel the meeting in the event there are no items for action. ARTICLE 6. VOTING 6.1 The chairman may only vote on all matters before the Commission. that require a tie to be broken. 6.2 Pursuant to the Revised Ordinances of the City of Spearfish Chapter 2, Article III., Division 5, Section 2-113, any recommendation by the Commission shall be decided by majority vote of the present and voting members. Where state law requires a different voting requirement than Section 2-113, state law shall supersede. ARTICLE 7. COMMITTEES The chairman may, from time to time, appoint such committees, standing or special, as deemed necessary to carry on the work of the Commission. The chairman will be an ex officio member of all committees. ARTICLE 8. PARLIAMENTARY PROCEDURE Rules contained in the current edition of Robert's Rules of Order newly revised, as amended from time to time, shall govern the Commission in all cases to which the rules are applicable and in which they are not inconsistent with these bylaws, the Revised Ordinances of the City of Spearfish, or South Dakota Codified Laws. City of Spearfish Planning Commission Bylaws ARTICLE 9. AMENDMENT OF BYLAWS These bylaws can be amended at any regular or special meeting of the Commission by a two-thirds vote of the present and voting members, provided that the amendment has been submitted in writing at the previous regular meeting. Adopted this ____day of _______, 2021 ______________________________________ Toby Bordewyk, Chairman City of Spearfish Planning Commission ATTEST: ___________________________________ Meghan Byrum, Vice Chairwoman City of Spearfish Planning Commission City of Spearfish Planning Commission Bylaws