Planning Commission

Spearfish Planning Commission Agenda September 7, 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/83135666111 Meeting ID: 831 3566 6111 Or Dial in: 1 346 248 7799 and enter Meeting ID A. Call To Order B. Roll Call C. Approve the Minutes from August 17, 2021 D. Declaration of Conflicts of Interest E. Items for Action 1. Request: Approve a C-1 Redevelopment Incentive Plan Location: 140 E. Jackson Blvd. Applicant: Steve Williams/Pioneer Bank & Trust Action: Hold a public hearing and make a recommendation to City Council 2. Request: Solar Energy Conversion Facilities Code Update Location: City-wide Applicant: City of Spearfish Action: Hold a public hearing and make a recommendation to City Council F. City Council Update G. Public Comment - Public comments are welcome at this time, however, no action will be taken. H. Adjournment ADA Compliance: The City of Spearfish fully subscribes to the provisions of the Americans with Disabilities Act. If you desire to attend this public meeting and need special accommodations, please notify the Building and Development Office at 642-1335 and 24 hours prior to the meeting so that appropriate auxiliary aids and services are available.  Spearfish Planning Commission Regular Session Minutes August 17, 2021 at 3:00 p.m. The Spearfish Planning Commission met in regular session on Tuesday, August 17, 2021 at 3:00 p.m. in the council chamber of city hall and via Zoom video conference. Chairman Bordewyk called the meeting to order at 3:00 p.m. 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 Interim City Administrator Ashley McDonald. APPROVAL OF MINUTES: Byrum moved, Vavruska seconded and all voted to approve the minutes of the August 3, 2021 Planning Commission meeting. DECLARATIONS OF CONFLICTS OF INTEREST: Bordewyk called for any potential conflicts of interest to be identified. No conflicts were expressed. 1. Request: Approve a C-1 Redevelopment Incentive Plan Location: 140 E. Jackson Blvd. Applicant: Steve Williams/Pioneer Bank & Trust Action: Set a public hearing for September 7, 2021 Steve Williams presented the request from Pioneer Bank and provided an assessment of site and building plans. Watson presented the staff report and provided a review of the C1 Redevelopment Incentive Plan criteria. Vavruska moved, Byrum seconded and all voted to set a public hearing for September 7, 2021. 2. Request: Solar Energy Conversion Facilities Code Update Location: City-wide Applicant: City of Spearfish Action: Set a public hearing for September 7, 2021 Watson provided an overview of the proposed changes to the zoning code. The Commission discussed several changes to be reflected in the public hearing draft with the following as the final direction: 1) projects will be defined as large or small scale, 2) update solar panel footprint definition to include all panels and equipment, versus ‘one or more’ panels, 3) in section C.1, change the context so that the facility will be ‘evaluated’ by points ‘criteria’, 4) re-order the points in Table A from least to most. Meyer moved, Zwetzig seconded and all voted to set a public hearing for September 7, 2021. 3. City Council Update – Watson provided an update on City Council agenda items concerning planning and zoning matters and the upcoming 2022 budget. 4. Public Comment – No comments were provided. 5. 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: September 7, 2021 at 3:00 p.m. Applicant: Steven Williams/Pioneer Bank & Trust Request: Approve a C-1 Redevelopment Incentive Plan Action: Hold a public hearing and make a recommendation to City Council Location: 140 E. Jackson Blvd. Proposal Summary: This will result in a new 23,000 +/- square foot, 2 story bank building. Page 1 Spearfish Planning Commission Staff Report Meeting Date: September 7, 2021 at 3:00 BACKGROUND AND HISTORY: • Surrounding zoning and development patterns: - North zoned R2 – single family residential and church (conditional use permit) - South zoned Central Core and C-1 commercial - East zoned R1 - single family residential - West zoned C1 commercial PROJECT DATA: Parcel size: 42,000 square feet Building square footage: 23,000 +/- square feet Parking required before 50% reduction is applied: 85 spaces. Parking provided – 66 spaces (22 percent reduction in parking requested) On private property: 56 In the public right of way: 10 Landscape points required/provided: 32,800/40,650 This tool is designed to encourage reinvestment in the C-1 commercial districts where underutilized or blighted properties could otherwise re-develop but have difficulty in meeting the off-street parking requirements which then reduces the feasibility of the project. This method enables a parking reduction combined with the ability to count parking within the public right of way toward the parking requirement. REVIEW CRITERIA AND STAFF ANALYSIS: This request is guided by the C-1 Redevelopment Incentive Plan Criteria noted below, with the staff analysis following each statement in italic text. C-1 Redevelopment Incentive Plan Criteria: 1. For any new or renovated structure, the required parking for non-residential land uses may be reduced under the following criteria. a. Mandatory Criteria: (1) Building design will incorporate features as described in the document titled: City of Spearfish Design Guidelines for the C-1 Redevelopment Incentive Plan. Staff analysis: The plan meets the intention of the design guidelines and features a contemporary theme with a creative combination of wood, metal, stone, and traditional exterior finishes. Building mass is reduced by using a variety of rooflines, shifts in the exterior wall planes, and window arrangement. (2) Site structures must have a building permit value that is the greater than or equal to twice the assessed value of the previous year as determined by the last certified value per the Lawrence County Office of Equalization. The permit value will be verified by Building Official or based on building permit information. Page 2 Spearfish Planning Commission Staff Report Meeting Date: September 7, 2021 at 3:00  Staff analysis: Current Assessed Value: $875,000 Estimated Building Permit Value: $8 million to $10 million Estimate confirmed by the Building Official (3) A minimum of fifty percent (50%) of the required parking stalls must be provided either on private property, within the public right of way, or both. Staff analysis: The total required parking before the reduction is 85 parking spaces. The plan shows 66 parking spaces, representing a 22% reduction in total parking. The parking is provided both on private property and public right of way. (4) A maximum of ten (10) parking spaces are permitted within the right of way adjacent to the applicant’s property frontage either as 90 degree angle or diagonal parking. Staff analysis: The site plan shows 10 parking spaces in the public right of way on 7th Street. Eight of these spaces currently exist. (5) A maximum of ten (10) parallel parking spaces on one side of the street may serve as parking provided for more than one property. Staff analysis: Applicant is not seeking parking credit for curbside parallel parking. (6) Parking for residential, hotel, motel, bed and breakfast, vacation home rentals, and uses that require overnight parking must be provided on private property. Staff analysis: Does not apply, none of these uses are proposed. b. Optional Criteria – In addition to the mandatory criteria above, a minimum of two of the following must be satisfied: As of the writing of this report, criteria 3, 4, and 5 are satisfied. Criteria 1 and 2 are pending. (1) Existing sidewalks are widened to a minimum of 8’. Staff analysis: This criteria does not apply, however the sidewalk will be replaced on the 7th Street side and will be 6 feet wide. (2) New street trees provided at the rate of 1 per 50 feet of site frontage. Staff analysis: The existing street trees are in varying conditions and most do not merit protection during construction. New street trees are planned to unify the frontage. 13 new trees are provided, 2 exist, for a total of 15 street trees; 11.6 are required for this credit. (3) Provide landscaping per city code. Staff analysis: Required landscape points have been exceeded. (4) Utilize ecologically sustainable designs and technologies, which are in line with the goals of the Comprehensive Plan, such as, but not limited to: i. water conservation, energy efficiency, and renewable energy ii. enhanced protection from fire, flood, and other natural disasters. Staff analysis: The building will have LED lighting, low flow bath fixtures, Page 3 Spearfish Planning Commission Staff Report Meeting Date: September 7, 2021 at 3:00  natural lighting to reduce interior lighting costs resulting from southern orientation of building windows, and onsite storm water management to reduce impacts to city storm water system. The applicant has chosen to plant grass in the boulevard between curb and sidewalk except for along Jackson Boulevard which will be trees, shrubs, and decorative rock. (5) Other criteria deemed to have a significant public benefit Staff analysis: Parking lot will be available after business hours for public use. The applicant meets each of the mandatory criteria, and the minimum of two optional criteria to be incorporated in the plan and is eligible for a parking reduction per the C-1 Redevelopment Incentive Plan. PUBLIC COMMENTS: Owners within 140 feet of the property were notified of the public hearing via first class mail 10 days before the public hearing. Notice of the public hearing was also published in the official newspaper 10 days prior to the public hearing. STAFF RECOMMENDATION: Approve ATTACHMENTS: Page 4 – Current Building Page 5 – Renderings of the Proposed Structure Page 8 – Applicant’s Narrative Page 11 and 12 – Existing Site and Proposed Site Plan Page 13 – Landscape Plan and Points Calculations Staff Contact: Jayna Watson, City Planner, 605-717-1122; jayna.watson@cityofspearfish.com Join by zoom teleconference: https://us02web.zoom.us/j/83135666111 Meeting ID: 831 3566 6111 Or Dial In: 1 346 248 7799 and enter Meeting ID Page 4 Spearfish Planning Commission Staff Report Meeting Date: September 7, 2021 at 3:00 South side of existing building viewed from Jackson Blvd. East side of the existing building viewed from 7th Street Page 5 Spearfish Planning Commission Staff Report Meeting Date: September 7, 2021 at 3:00 Page 6 Spearfish Planning Commission Staff Report Meeting Date: September 7, 2021 at 3:00 Page 7 Spearfish Planning Commission Staff Report Meeting Date: September 7, 2021 at 3:00  APPLICANT’S NARRATIVE REGARDING CONFORMANCE TO THE DESIGN GUIDELINES AND CRITERIA Page 8 Spearfish Planning Commission Staff Report Meeting Date: September 7, 2021 at 3:00 Page 9 Spearfish Planning Commission Staff Report Meeting Date: September 7, 2021 at 3:00  Page 10 Spearfish Planning Commission Staff Report Meeting Date: August 17, 2021 at 3:00 p.m.  Page 11 Spearfish Planning Commission Staff Report Meeting Date: September 7, 2021 at 3:00 p.m. PROPOSED PIONEER BANK SITE PLAN Page 12 Spearfish Planning Commission Staff Report Meeting Date: September 7, 2021 at 3:00 p.m.  Page 13 Spearfish Planning Commission Staff Report Meeting Date: September 7, 2021 at 3:00 p.m. Below illustrates landscape along Jackson Blvd. frontage – trees/shrubs, decorative rock Page 14 Spearfish Planning Commission Staff Report Meeting Date: September 7, 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 2 for instructions to join. Meeting Date and Time: September 7, 2021 at 3:00 p.m. Applicant: City of Spearfish Request: Solar Energy Conversion Facilities Code Update Action: Hold a public hearing and make a recommendation to City Council Location: City-wide Proposal Summary: This will enable solar energy conversion facilities on a larger scale than systems considered to be accessory uses. BACKGROUND AND HISTORY: In November of 2020, the City Council initiated the update to the zoning code to enable the development of solar energy conversion facilities that could be stand-alone land uses capable of generating electrical energy for both onsite as well as off-site use. The general characteristics of this land use is a grouping of solar panels and related equipment in one location, potentially covering 5 or more acres. The goal of these regulations is to enable this land use with reasonable standards to mitigate potential visual and public safety impacts. When considering and amendment to the zoning code, the following criteria apply: 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. Spearfish has a high number of full sunshine days per year. The present zoning code limits the use of solar energy conversion system to property owners wishing to generate their own power but does not address how this technology should be managed as a primary use of land. Page 1 Spearfish Planning Commission Staff Report Meeting Date: 9-7-2021  b. Be consistent with the intent and purposes of the ordinance. The intent of the zoning code is to ensure land use compatibility and mitigation of any impacts from different land uses. The standards proposed in this update accomplish these goals. c. Not directly or indirectly adversely affect any other part of the ordinance. No impact to other codes will result. All installations will be required to follow the related building and fire codes of the City of Spearfish. d. Be consistent with and not in conflict with the Spearfish comprehensive plan. The Plan indicates the need for regulations to promote ….”smarter, more sustainable growth” (p. 10, Implementation Strategy 1.) This proposal includes the following primary topics: 1. Defines systems as being either small or large scale. 2. Lists the zoning districts where small and large scale is permitted by right or allowed by a CUP respectively. 3. Retains the existing permissions for property owners to install small scale facilities for home or business use. 4. Uses a points system to determine if a large scale facility is eligible for a conditional use permit. If eligible, the Planning Commission then verifies compliance to the points and the standard CUP criteria in their review of the request. The key changes to the draft since the last Planning Commission meeting are: 1. Definitions: retained the large/small scale designation and updated solar footprint terms 2. Changed section C.1 to clarify that the project is evaluated according to Table A points criteria 3. Points are listed from least to most STAFF RECOMMENDATION: Approve ATTACHMENTS: Page 4 – Solar Energy Conversion Facility Ordinance STAFF CONTACT: Jayna Watson, City Planner, 605-717-1122; jayna.watson@cityofspearfish.com Zoom Meeting Instructions: Join Zoom Meeting https://us02web.zoom.us/j/83135666111 Meeting ID: 831 3566 6111 or Dial in: 1 346 248 7799 & enter Meeting ID Page 2 Spearfish Planning Commission Staff Report Meeting Date: 9-7-2021  ORDINANCE NO. AN ORDINANCE AMENDING APPENDIX A ZONING FOR SOLAR ENERGY CONVERSION FACILITIES BE IT ORDAINED by the Common Council of the City of Spearfish that Appendix A. Zoning Regulations of the Revised Ordinances of the City of Spearfish is hereby amended—with strikethrough indicating text to be deleted, underline indicating text to be added, and the remainder of the Article left unaffected—as follows: Article II. Definitions [...] Large scale solar energy conversion facility means a system of devices and equipment used to collect solar energy and convert it into electrical energy for storage or distribution for offsite or on-site use and includes solar panels and related energy conversion equipment, electrical components, and buildings associated with the same. [...] Small scale solar energy conversion facility means a system of devices and equipment used to collect solar energy and convert it into electrical energy for storage or distribution primarily for on-site use and includes solar panels and related energy conversion equipment, and electrical components and buildings associated with the same. Solar energy means radiant light and heat from the sun that is harnessed using technologies such as solar photovoltaics. Solar panel means a device containing photovoltaic cells that absorbs or collects sunlight. Solar panel footprint means the size of the land area formed by an imaginary boundary around the perimeter of all solar panels and related equipment. The solar panel footprint does not apply to roof mounted panels. [...] Page 3 Spearfish Planning Commission Staff Report Meeting Date: 9-7-2021 Article IV. District Regulations Section 1a. Rural large lot single family (RLS-1). [...] B. Primary uses permitted. Property and structures in the Rural Large Lot Single Family district shall be used for the following purposes: [...] 4. Photovoltaic (PV) systems. Small scale solar energy conversion facility as an accessory to a primary use. [...] Section 1b. Ag agricultural district. [...] B. Primary uses permitted. Property and structures in the Ag Agricultural district shall be used for the following purposes: [...] 6. Photovoltaic (PV) systems. Small scale solar energy conversion facility as an accessory to a primary use. C. Uses eligible for a conditional use permit. Conditional use permits may be granted to properties for the following land uses: [...] 8. Large scale solar energy conversion facility 8. 9. Landscape nursery including greenhouse and sales building Section 2. R1 Single-family residential district [...] Page 4 Spearfish Planning Commission Staff Report Meeting Date: 9-7-2021 B. Primary uses permitted. Property and structures in the Single Family district shall be used for the following purposes: [...] 4. Photovoltaic (PV) systems. Small scale solar energy conversion facility as an accessory to a primary use. Section 3. R2 one-and two-family residential district [...] B. Primary uses permitted. Property and structures in the R2 residential district shall be used for the following purposes: [...] 5. Photovoltaic (PV) systems. Small scale solar energy conversion facility as an accessory to a primary use. [...] Section 4. R3 multi-family residential district [...] B. Primary uses permitted. Property and structures in the R3 multi-family residential district shall be used for the following purposes: [...] 11. Photovoltaic (PV) systems. Small scale solar energy conversion facility as an accessory to a primary use. Section 5. C1 central commercial district. [...] B. Primary uses permitted. Property and structures in the C1 central commercial district shall be used for the following purposes: Page 5 Spearfish Planning Commission Staff Report Meeting Date: 9-7-2021 18. Photovoltaic (PV) systems. Small scale solar energy conversion facility as an accessory to a primary use. [...] Section 7. C2 highway service commercial district. [...] C. Uses eligible for conditional use permit. Conditional use permits may be granted to properties for the following land uses. [...] 7. Large scale solar energy conversion facility [...] Section 7a. C3 office commercial district. [...] B. Primary uses permitted. Property and structures in the C3 office commercial district shall be used for the following purposes: [...] 10. Small scale solar energy conversion facility as an accessory to a primary use. [...] Section 8. ILR light/restrictive industrial district. [...] B. Primary uses permitted. Property and structures in the ILR light/restrictive industrial district shall be used for the following purposes: [...] 18. Photovoltaic (PV) systems Small scale solar energy conversion facility as an accessory to a primary use. Page 6 Spearfish Planning Commission Staff Report Meeting Date: 9-7-2021 [...] C. Uses eligible for conditional use permit. Conditional use permits may be granted to properties for the following land uses. [...] 6. Large scale solar energy conversion facility. [...] Section 9. IH/ heavy industrial district. [...] B. Primary uses permitted. Property and structures in the IH heavy industrial district shall be used for the following purposes: [...] 6. Photovoltaic (PV) systems Small scale solar energy conversion facility as an accessory to a primary use. [...] C. Uses eligible for conditional use permit. Conditional use permits may be granted to properties for the following land uses. [...] 4. Large scale solar energy conversion facility. [...] Section 10. DRD development review district. [...] B.1. Uses permitted. Property and structures in the DRD may be used for the following purposes: [...] Page 7 Spearfish Planning Commission Staff Report Meeting Date: 9-7-2021 k. Photovoltaic (PV) systems Small scale solar energy conversion facility as an accessory to a primary use. 2. Uses eligible for conditional use permit. Conditional use permits may be granted to properties for the following land uses. [...] c. Large scale solar energy conversion facility. [...] Section 11. APZ airport zoning district. [...] 1. Primary uses permitted. Property and structures in the APZ Airport zoning district heavy industrial district shall be used for the following purposes: [...] d. Photovoltaic (PV) systems Small scale solar energy conversion facility as an accessory to a primary use. [...] 2. Uses eligible for conditional use permit. Conditional use permits may be granted to properties for the following land uses. [...] c. Large scale solar energy conversion facility [...] Section 16. Solar Energy Conversion Facilities. A. To enable the development of renewable energy sources to further Spearfish’s commitment to sustainability, these regulations are intended to mitigate any potential public safety and nuisance concerns and locate installations where visual impacts to adjoining land uses are minimized. Page 8 Spearfish Planning Commission Staff Report Meeting Date: 9-7-2021 B. Standards for Small Scale Solar Energy Conversion Facilities. 1. The area regulations of setback, height, and lot coverage of the applicable zoning district apply to solar panels. 2. Where a maximum lot coverage is not specified in the applicable zoning district, the maximum solar panel footprint is 2,500 square feet. 3. Where a maximum building height for an accessory use is not specified in the applicable zoning district, the maximum height of a ground mounted solar panel is 15 feet above existing grade. C. Standards for Large Scale Solar Energy Conversion Facilities. 1. Large scale solar energy conversion facilities will be evaluated by the points criteria of Table A and the conditional use permit criteria and approval process. 2. A total score of a maximum of 10 points from Table A is required. 3. The points in Table A are ineligible for modification through a variance request. 4. Fencing is required around all solar panels and related buildings and equipment. 5. A financial assurance provided in a form acceptable to the City of Spearfish shall be provided prior to the issuance of site construction permits to ensure future decommission of the panels and equipment and site restoration. Page 9 Spearfish Planning Commission Staff Report Meeting Date: 9-7-2021 Table A – Large Scale Solar Energy Conversion Facilities CATEGORY POINT VALUE Only one point value is permitted in each category below. SOLAR PANEL MAXIMUM HEIGHT 10 feet or less -10 More than 10 feet and less than zoning district maximum +10 Equal to the zoning district maximum +20 VISUAL MITIGATION OF PUBLIC VIEW Panels are not visible from a public viewpoint -30 Panels are partially visible from a public viewpoint -10 Panels are clearly visible from all public viewpoints +20 BUFFERS TO ADJOINING RESIDENTIAL LAND USES Existing or new site feature will completely restrict visibility -20 Existing or new site feature will partially limit visibility -10 Not applicable 0 No buffer provided +20 SETBACK TO ALL SOLAR PANELS, EQUIPMENT, AND STRUCTURES (MEASURED AT THE SHORTEST DISTANCE FROM ANY PROPERTY LINE) 100 feet or more -20 50 feet or more and less than 100 feet -10 Minimum of 25 feet and less than 50 feet 0 SOLAR PANEL FOOTPRINT More than 2,500 square feet and less than 5,000 square feet +5 5,000 square feet or more and less than 10,000 square feet +10 10,000 square feet or more and less than 25,000 square feet +15 25,000 square feet or more and less than 1 acre +20 1 acre or more and less than 5 acres +25 5 acres or more and less than 10 acres +30 10 acres or more and less than 20 acres +35 20 acres or more +40 OVERHEAD UTILITY MITIGATION Electrical and communication wire located underground -10 Page 10 Spearfish Planning Commission Staff Report Meeting Date: 9-7-2021 Article V. Supplementary Regulations Section 1. Development standards [...] Section 9. Photovoltaic (PV) energy conversion systems. A. Purpose. The purpose of these standards is to: 1. Oversee the permitting of PV systems. 2. Preserve and protect public health, safety, and site compatibility without decreasing the efficiency of a photovoltaic energy conversion system. B. Definition. Photovoltaic/PV. An assembly of materials and equipment used to convert solar radiation into electricity. C. Standards for photovoltaic (PV) systems. PV systems shall be permitted as accessory uses to the main use of the property or structure, and according to these standards: 1. Maximum height. a. In residential districts, shall not exceed the maximum building height for the district. b. In all other districts, may exceed maximum building height for a height only as recommended by the manufacturer for proper angling of the PV array. 2. Ground mounted collectors, battery storage areas, and related equipment must comply with all building setbacks as required for primary uses, and shall not follow the setback exceptions as described in Article V, Section 2.A. 3. PV powered landscape lighting, irrigation controllers, and other small PV powered devices shall not be subject to the requirements in paragraph C.2. above. 4. Approval of PV systems shall be administratively given through the issuance of a building permit provided the applicant has submitted the standard City of Spearfish building permit submittal information and fees required. Page 11 Spearfish Planning Commission Staff Report Meeting Date: 9-7-2021