Planning Commission

Spearfish Planning Commission Agenda December 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/87865705803 Meeting ID: 878 6570 5803 Or Dial in: 1 253 215 8782 and enter Meeting ID A. Call To Order B. Roll Call C. Approve the Minutes from November 16, 2021 D. Declaration of Conflicts of Interest E. Items for Action 1. Request: Approve a change in zoning from C-2 (Highway Service Commercial to AG (Agriculture) Location: West end of 5th Avenue Applicant: Eix Holdings, LLC Action: Set a public hearing for December 21, 2021 2. Request: Approve a change in zoning from I-H (Heavy Industrial) to C-1 (Central Commercial) and R-3 for a manufactured home park Location: 1330 feet south of Colorado Boulevard; west of Maitland Road Applicant: Erik Case/Brosz Engineering on behalf of Tate Shipporeit Action: Set a public hearing for December 21, 2021 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 November 16, 2021 at 3:00 p.m. The Spearfish Planning Commission met in regular session on Tuesday, November 16, 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. APPROVAL OF MINUTES: Byrum moved, Vavruska seconded and all voted to approve the minutes of the November 2, 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 conditional use permit for a two family dwelling with a shared wall on a common lot line Location: 314 and 316 Peoria Street Applicant: Mark Schwartz Action: Hold a public hearing and render a decision on the request Ron Bengs provided a summary of the request. Watson provided a summary of the conditional use permit findings. Bordewyk opened the public hearing. No persons offered testimony. Bordewyk closed the public hearing. Zwetzig moved, Vavruska seconded, and all voted in favor to approve the conditional use permit per the findings and special terms of item 13 of the findings. 2. City Council Update – Watson noted the City Council approval of the Elkhorn Ridge lift station agreement as well as the pending preliminary plat review for the property east of Rainbow Road and north of I-90, the Centennial Mountain Estates plat as it concerns the septic provisions. 3. Public Comment – Abe Kean commented on his plans to relocate to Colorado and that today would be his last Planning Commission meeting. 4. Adjournment - Bordewyk adjourned the meeting at 3:18 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: December 7, 2021 at 3:00 p.m. Applicant: Eix Holdings, LLC Request: Approve a change in zoning from C-2 (Highway Service Commmercial to AG (Agriculture) Action: Set a public hearing for December 21, 2021 Location: West end of 5th Avenue Proposal Summary: This rezoning is in preparation for transfer of the lot to the property owner to the south, which will later be combined with that owner’s existing lot. Page 1 Spearfish Planning Commission Staff Report Meeting Date: December 7, 2021 at 3 p.m. BACKGROUND AND HISTORY: • Rezoned from AG to C-2 in 1986 as part of the overall Heritage Plaza shopping center • Surrounding zoning and development patterns: South zoned Ag, developed as single family; East zoned C-2 developed as retail • Parcel Size: 3 acres REVIEW CRITERIA AND STAFF ANALYSIS: This change of zoning 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 change of zoning is being requested so that the property can be sold to the adjacent landowner who desires a larger acreage property for their residence. The distance from Colorado Boulevard and steeply sloping conditions toward Christensen Drive make this property unlikely to develop as commercial in the future. b) Be consistent with the intent and purposes of the ordinance. The requested change to AG zoning is consistent with the proposed use of the property. 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 plan identifies this location as being within the contiguous city where infrastructure and development patterns are established. The applicant will provide a response to the comprehensive plan questionnaire to be included in the next staff report. If the parcel is developed in the future, it must comply with all city codes and requirements for access, infrastructure, and utilities depending on if it is just one residence or subdivided into additional lots. This property has the potential to receive access from Christensen Drive which will require a separate review and approval by Lawrence County. PUBLIC COMMENTS: Notice of a public hearing will be published in the newspaper and by first class certified mail to owners within 200 feet. This report was provided to the Lawrence County highway department. STAFF RECOMMENDATION: Set a public hearing for December 21, 2021 Page 2 Spearfish Planning Commission Staff Report Meeting Date: December 7, 2021 at 3 p.m. ATTACHMENTS: Page 4 - Aerial and Zoning Map Page 5 – Property to be rezoned from C-2 to Ag Staff Contact: Jayna Watson, City Planner, 605-717-1122; jayna.watson@cityofspearfish.com Join by zoom teleconference: https://us02web.zoom.us/j/87865705803 Meeting ID: 878 6570 5803 Or Dial In: 1 253 215 8782 and enter Meeting ID Page 3 Spearfish Planning Commission Staff Report Meeting Date: December 7, 2021 at 3 p.m. Yellow boundary = Location of change of zoning from C-2 to AG Zoning Map Solid Red = C-2 Highway Service Commercial Pink Cross Hatch = Planned Unit Development (Chris’ Campground) Blue = Development Review District (Miller Ranch) Green = City Agriculture Page 4 Spearfish Planning Commission Staff Report Meeting Date: December 7, 2021 at 3 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: December 7, 2021 at 3:00 p.m. Applicant: Erik Case/Brosz Engineering on behalf of Tate Shipporeit Request: Approve a change in zoning from I-H (Heavy Industrial) to C-1 (Central Commercial) and R-3 for a manufactured home park Action: Set a public hearing for December 21, 2021 Location: 1330 feet south of Colorado Boulevard; west of Maitland Road Colorado Blvd. Maitland Road Proposal Summary: This request will result in 111 lots for manufactured housing and an area zoned C-1 to be used for garages, shop space and storage. Page 1 Spearfish Planning Commission Staff Report Meeting Date: December 7, 2021 at 3 p.m. BACKGROUND AND HISTORY: • Zoned HI – Heavy Industrial • Surrounding zoning and development patterns: - North and west - HI-Heavy Industrial, undeveloped (former sawmill site) - South - R3 manufactured home park - East - County Ag-1 zoning PROJECT DATA: Parcel size: - R-3 Manufactured home parcel - 23 acres with 111 home spaces (rented lot) - C-1 - 23.9 acres Open space required/provided: none required Minimum lot size per home space: 5,000 square feet Minimum lot width per home space: 50 feet Parking required/provided: 2 off-street spaces per residence Setbacks required (manufactured homes): Front -15 feet from the public right of way Rear – 10 feet from a platted property line (if no property line, 10 feet from an adjoining structure) Side – 8 feet from a platted property line (if no property line, 10 feet from an adjoining structure) Landscape points required/provided: None required, manufactured homes are single family uses REVIEW CRITERIA AND STAFF ANALYSIS: This change of zoning 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. Affordable housing remains a critical need for Spearfish. Manufactured (HUD standards) and modular (Building code standards) homes are a viable solution to this need. The C-1 portion envisions uses such as garage shops, individual storage unit/shed buildings, etc. b) Be consistent with the intent and purposes of the ordinance. The zoning district requested is appropriate to the housing proposed. 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. This parcel is within the ‘contiguous city’ where development show compatibility to the surrounding land uses. This plan shows a continuation of the manufactured home park land use on the south half of the parcel. A land use transition is achieved with the C-1 acting as a buffer between the proposed manufactured home park and existing heavy industrial zoning north of the site. Other C-1 land uses are possible beyond what the applicant describes and a complete list is attached to the staff report. The applicant has provided a preliminary assessment of the peak afternoon Page 2 Spearfish Planning Commission Staff Report Meeting Date: December 7, 2021 at 3 p.m.  vehicular trip generation. Staff will review this information and provide comment in the next staff report. Maitland Road is the jurisdiction of the Lawrence County Highway department who will review the requests for access. Road standards for manufactured home parks and the C-1 development area will be determined after the change of zoning is complete and per the standards of the subdivision code. The street cross section chosen will depend on if on-street parking is needed for one or both sides of the street. All manufactured homes require a placement permit which is issued by the building official. These permits include inspections for how the home is anchored on its foundation or piers and connected to utilities. PUBLIC COMMENTS: Notice of a public hearing will be published in the newspaper and sent to landowners within 200 feet of the property boundary. This report was provided to the Lawrence County Planning and Zoning director and the County Highway Superintendent. STAFF RECOMMENDATION: Set a public hearing for December 21, 2021. ATTACHMENTS: Page 4 - Aerial and zoning map Page 5 – Parcel map Page 6 – Proposed zoning map Page 7 – Site plan Page 8 – Preliminary engineering report Page 10 – Manufactured home park submittal requirements and applicant response Page 12 – Comprehensive Plan questionnaire Staff Contact: Jayna Watson, City Planner, 605-717-1122; jayna.watson@cityofspearfish.com Join by zoom teleconference: https://us02web.zoom.us/j/87865705803 Meeting ID: 878 6570 5803 Or Dial In: 1 253 215 8782 and enter Meeting ID Page 3 Spearfish Planning Commission Staff Report Meeting Date: December 7, 2021 at 3 p.m.  Colorado Colorado Blvd. Blvd. Maitland Rd. Location of Request to change from Heavy Industrial to R3 manufactured home park and C-1 central commercial Zoning Map Pink Cross Hatched = R-3 Manufactured Home Park Solid Red = C-2 City Highway Service Commercial Light Blue = HI Heavy Industrial Green = City Agriculture Dark Blue = Open Space Page 4 Spearfish Planning Commission Staff Report Meeting Date: December 7, 2021 at 3 p.m.  Page 5 Spearfish Planning Commission Staff Report Meeting Date: December 7, 2021 at 3 p.m.  Page 6 Spearfish Planning Commission Staff Report Meeting Date: December 7, 2021 at 3 p.m.  Page 7 Spearfish Planning Commission Staff Report Meeting Date: December 7, 2021 at 3 p.m.  Page 8 Spearfish Planning Commission Staff Report Meeting Date: December 7, 2021 at 3 p.m.  Page 9 Spearfish Planning Commission Staff Report Meeting Date: December 7, 2021 at 3 p.m.  Page 10 Spearfish Planning Commission Staff Report Meeting Date: December 7, 2021 at 3 p.m.  Page 11 Spearfish Planning Commission Staff Report Meeting Date: December 7, 2021 at 3 p.m.  Page 12 Spearfish Planning Commission Staff Report Meeting Date: December 7, 2021 at 3 p.m.  Page 13 Spearfish Planning Commission Staff Report Meeting Date: December 7, 2021 at 3 p.m.  Page 5 Spearfish Planning Commission Staff Report Meeting Date: December 7, 2021 at 3 p.m.