Planning Commission

Spearfish Planning Commission Agenda March 15, 2022 at 2:00 p.m. Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish, SD And Zoom Online Meeting Join Zoom Meeting https://us02web.zoom.us/j/89833525319 Meeting ID: 898 3352 5319 Or Dial in: 1 346 248 7799 and enter Meeting ID A. Call To Order B. Roll Call C. Approve the Minutes from March 1, 2022 D. Declaration of Conflicts of Interest E. Items for Action 1. Request: Approve an update to the Elkhorn Ridge DRD Concept plan and change zoning from Ag (Agriculture) to DRD (Development Review District) on a 14 acre parcel located approximately 1500 feet west of Colorado Loop Location: Elkhorn Ridge Development Applicant: Elkhorn Ridge Development Action: Hold a public hearing and make a recommendation to City Council 2. Request: Approve a variance to the subdivision code regarding water, sewer, and streets for Tracts P1 and P2 of Tract P Location: Tract P of the Spearfish Prairie Addition Applicant: Pangburn Enterprises/Diamond Group Action: Set a public hearing for April 4, 2022 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 March 1, 2022 at 2:00 p.m. The Spearfish Planning Commission met in regular session on Tuesday, March 1, 2022 at 2:00 p.m. in the council chamber of city hall and via Zoom video conference. Chairman Byrum called the meeting to order at 2:00 p.m. Roll call was taken with the following members present: Toby Bordewyk, Meghan Byrum, Bob Meyer, and Barbara Zwetzig. Absent: Greg Kruskamp and Larry Vavruska. Also present: City Planner Jayna Watson and City Attorney Ashley McDonald. APPROVAL OF MINUTES: Meyer moved, Zwetzig seconded and all voted to approve the minutes of the February 15, 2022 Planning Commission meeting. DECLARATIONS OF CONFLICTS OF INTEREST: Byrum called for any potential conflicts of interest to be identified. No conflicts were expressed. 1. Request: Approve an update to the Elkhorn Ridge DRD Concept plan and change zoning from Ag (Agriculture) to DRD (Development Review District) on a 14 acre parcel located approximately 1500 feet west of Colorado Loop. Location: Elkhorn Ridge Development Applicant: Elkhorn Ridge Development Action: Re-set public hearing for March 15, 2022 Zwetzig moved, Bordewyk seconded and all voted to set the public hearing for March 15, 2022. 2. Request: East Colorado Boulevard Area Study Location: Maitland Road to Highway 85 Applicant: City of Spearfish Action: Hold a public hearing and make a recommendation to City Council Watson provided an update of modifications made to the study since the last meeting. Discussion took place concerning the study being adopted as an amendment to the Comprehensive Plan. Byrum opened the public hearing. No persons offered testimony and the public hearing was closed. Zwetzig moved, Meyer seconded and all voted to recommend approval of the study as an amendment to the Comprehensive Plan. 3. City Council Update – Watson commented on a project to apply for grant funding for recreation path wayfinding. 4. Public Comment – No comments were provided. 5. Adjournment - Byrum adjourned the meeting at 2:20 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: March 15, 2022 at 2:00 p.m. Applicant: Elkhorn Ridge Development Request: Approve an update to the Elkhorn Ridge DRD Concept Plan and change zoning from Ag to DRD (Development Review District) on a 14+/- acre parcel located approximately 1500 feet west of Colorado Loop. Action: Hold a public hearing and make recommendation to City Council. Location: Parcel to be zoned from Ag to DRD, Elkhorn Ridge Master Plan Boundary Proposal Summary: This will update the DRD concept plan to reflect past final plan approvals, add more definition to areas previously identified as “future” development, refine land use for undeveloped parcels, and bring a 14 acre parcel into the official Elkhorn Ridge DRD concept plan. Page 1 Spearfish Planning Commission Staff Report Meeting Date: February 15, 2022 BACKGROUND AND HISTORY: • Annexed and rezoned in the early 2000’s to Development Review District • The original DRD concept plan was updated in 2007 which is attached to the staff report. • Since the 2007 update, the following final plan approvals have been made: o Golf course, clubhouse, maintenance building and the Miller Creek Pub o Preliminary plats for residential north of I-90 o Travel center gas station, convenience market, and restaurant o Elkhorn Ridge Development office building o Peaceful Pines Senior Living facility and duplex residential o Storage buildings west of Miller Creek • Surrounding zoning and development patterns: o Overall, the master plan is bounded on the North, East and South by County AG- 1 zoning, one lot per 40 acres. o Southwest is the Sky Ridge affordable housing project also zoned DRD, Development Review District o West is the Centennial Mountain Estates property, undeveloped at present, but proposed to be a mixed use multi-phase development. • Site data: o Original Elkhorn Ridge Master Plan – 910 +/- acres o Parcel to be rezoned from Ag to DRD west of travel center: 14 +/- acres o The 14 acre parcel will bring the total master plan acreage to 924 acres o 10 percent open space requirement  92.4 acres required / provided open space is 362 acres. REVIEW CRITERIA AND STAFF ANALYSIS: The Elkhorn Ridge DRD approval is a two-step DRD plan, meaning, the land uses are identified on the concept plan and a final plan approval is submitted for a later approval and shows specific detail for site layout, building design, and landscape. This DRD concept plan update captures the existing approvals noted above as well as the following to these undeveloped parcels: 1) North end of the Exit 17 interchange - from Future Development to Single Family and Multi Family residential, and Health Care. 2) Southwest corner of Interstate 90 and Highway 85 – from Retail to Commercial. The allowed uses as commercial in the DRD are generally those from the C-2 zoning list except for the list of land uses that are prohibited in the DRD. 3) West of St. Onge Road, and south of Acorn Ridge Road, from Mixed Use Office/Retail/Residential to Single Family and a 5 acre portion along Acorn Ridge Road as Multi Family. 4) Southwest corner of Highway 85/St. Onge Road from Office Park to Health Care (Monument Health 70 acre parcel). 5) Rezones the 14 acre parcel west of the travel center from Agriculture to Commercial. 6) Sky Ridge is shown for context on the revised master plan attached to the staff report, however it is governed by a separate approval made in 2020. Page 2 Spearfish Planning Commission Staff Report Meeting Date: February 15, 2022 The change of zoning for the 14 acre parcel from Ag to DRD-Commercial is guided by the City of Spearfish Revised Code of Ordinances, Article IV., Section 10. Development Review District Section F.2 a-g. Staff’s analysis follows each statement in italic text. Concept Plan Approval Criteria. In consideration of a request for Concept Plan approval, the Planning Commission and City Council shall take into account factors including, but not limited to: a. Conformance with the goals and policies of the comprehensive plan; The change of zoning for this parcel to DRD-Commercial is a logical extension of the existing commercial zoning to the west and because the property fronts both Colorado Boulevard and Interstate 90, it has prime exposure for additional sales tax generating land uses. b. Compatibility with and relationship to existing and potential uses adjacent to the proposed project; See above. c. Public safety issues relating to projected traffic generated by the proposed uses and to the existing or potential transportation system of adjoining properties; Colorado Boulevard is slated to be widened in the next 5 years across this parcel frontage, which will add left turn capacity for east bound drivers entering the site. d. Community benefit of the proposed use(s); Sales tax generating land uses are important to the overall economic health of the community and with the presence of the Sky Ridge and Elkhorn Ridge neighborhoods nearby, a location for every-day goods and services is available within walking distance. e. Aesthetic considerations related to the scope and size of (the) proposed use(s); The final plan submittal in the 2nd step of approval will address this issue. f. Adequacy of public services for the proposed use(s); Within the next 2 years, the upgrade to the Elkhorn Ridge sewer lift station should be complete and adequate capacity will be available for this commercial development’s sewer flow. g. Testimony received from the public at the public hearing. None received as of this writing. PUBLIC COMMENTS: Notice of public hearing has been provided in the newspaper and the owners within 140 feet were notified as well as Lawrence County Planning and Zoning and Highway Department. No comments have been received. STAFF RECOMMENDATION: Approve ATTACHMENTS: Page 4 - Aerial Map Page 5 – 2007 Concept Plan Page 6 – 2022 Updated Concept Plan Staff Contact: Jayna Watson, City Planner, 605-717-1122; jayna.watson@cityofspearfish.com Join Zoom Meeting https://us02web.zoom.us/j/89833525319 Meeting ID: 898 3352 5319 Page 3 Spearfish Planning Commission Staff Report Meeting Date: February 15, 2022 Dial in: 1 346 248 7799 and enter Meeting ID Yellow=Elkhorn Ridge Master Plan – Concept Plan Boundary Blue = Parcel to be zoned from AG to Development Review District. Page 4 Spearfish Planning Commission Staff Report Meeting Date: February 15, 2022 2007 Approved Concept Plan Page 5 Spearfish Planning Commission Staff Report Meeting Date: February 15, 2022  Proposed 2022 Concept Plan Update Note: Sky Ridge shown for context, see separate DRD approvals Page 6 Spearfish Planning Commission Staff Report Meeting Date: February 15, 2022  Spearfish Planning Commission Staff Report Meeting Location: 625 Fifth Street, Spearfish SD, Council Chamber of City Hall and by Zoom Online Meeting – instructions to join on page 3 Meeting Date and Time: March 15, 2022 at 2:00 p.m. Applicant: Pangburn Enterprises/Diamond Group Request: Approve a variance to the subdivision code regarding water, sewer, and streets for Tracts P1 and P2 of Tract P Action: Set a public hearing for April 4, 2022 Location: Tract P of the Spearfish Prairie Addition Proposal Summary: This will result in the division of one 45 acre +/- lot into two parcels but with no city water/sewer provided and that a street built to city standards be delayed. Page 1 Spearfish Planning Commission Staff Report Meeting Date: March 15, 2022 at 2:00 p.m. BACKGROUND AND HISTORY: • Currently zoned AG • Most of the property was annexed in 2008 as part of the Spearfish Prairie Addition • A 9+/- acre strip of land along Highway 85 was annexed in 2017 • An annexation agreement was signed by the previous owners, William and Kristen Bradford, and is binding upon the present owner/applicant. The agreement indicates that subdivision and development approval is dependent upon availability of municipal services in this area. To date, there are none. PROJECT DATA: • Overall parcel size: 45 acres • 2 lots proposed: 20 and 25 acres each. • Property will not be served by city water and sewer; applicant proposes a well and septic. • A street right of way and paved road is required, however applicant requests that the street improvement be delayed until they build their structure on the 25 acre parcel. REVIEW CRITERIA AND STAFF ANALYSIS: In 2008, a request for voluntary annexation was made by the landowners of a strip of land on the east side of Highway 85 extending north of Interstate 90 to Kellem Lane, known as the Spearfish Prairie Addition. At the time of annexation, concern existed for when this area may be served by water and sewer, since it had high potential to become a haphazard development pattern of lot splits with gravel roads, and no coordinated street networks or utilities. To address this concern, an annexation agreement was created and signed by all the owners involved in this voluntary annexation with the general intent that until the municipal infrastructure is extended to this area, the city was not obligated to approve any subdivisions or make any development approvals. In 2015-16, the city invested in a water/sewer master plan of the area that showed the primary corridors for each but no capital projects have been initiated either by the landowners or the City of Spearfish to construct. If the variance is approved, the applicant has stated they intend to sell the west 25 acres to a new owner who will apply for a change of zoning in the future (timeline unknown) to commercial or light industrial. Variance Criteria The variance criteria in the subdivision code are 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. Page 2 Spearfish Planning Commission Staff Report Meeting Date: March 15, 2022 at 2:00 p.m. Staff Preliminary Analysis of Variance Criteria: Additional analysis will be provided with the next staff report since this request was submitted just before the deadline to publish the Planning Commission agenda. The hardship associated with this property is that the nearest city water service is over one mile to the south at Yukon Place (location of the Villages at Creekside) and the nearest location of gravity sewer is to the west, near Camp Comfort Road, +/- ½ mile. This property does not qualify for the septic solution associated with AG zoning because they do not have a city water service. There is no hardship associated with the requirement to build a street serve the parcels however the applicant requests that the street improvements be delayed until the 25 acre parcel is developed. Regardless of if the hardship standard applies, the annexation agreement clearly intends that no subdivision of any land, regardless of parcel size, should take place until utilities and services are available to this area. PUBLIC COMMENT: Notice of public hearing will be published in the newspaper as required by the subdivision code. STAFF RECOMMENDATION: Set public hearing for April 4, 2022 STAFF CONTACT: Jayna Watson, City Planner, 605-717-1122; jayna.watson@cityofspearfish.com ATTACHMENTS: Page 4 – Aerial Map – City Limits Page 5 – Proposed Prelim and Final Plat Page 6 – Annexation Agreement – see highlighted paragraphs Page 11 – Applicant’s variance justification narrative Join Zoom Meeting https://us02web.zoom.us/j/89833525319 Meeting ID: 898 3352 5319 Dial in: 1 346 248 7799 and enter Meeting ID Page 3 Spearfish Planning Commission Staff Report Meeting Date: March 15, 2022 at 2:00 p.m. Location of Request for Variance to Subdivision Code Water, Sewer and Streets requirements for Tracts P1 and P2 Pink = City Limits north of Interstate 90 and East of Highway 85 Page 4 Spearfish Planning Commission Staff Report Meeting Date: March 15, 2022 at 2:00 p.m.  Page 5 Spearfish Planning Commission Staff Report Meeting Date: March 15, 2022 at 2:00 p.m.  Page 6 Spearfish Planning Commission Staff Report Meeting Date: March 15, 2022 at 2:00 p.m.  Page 7 Spearfish Planning Commission Staff Report Meeting Date: March 15, 2022 at 2:00 p.m.  Page 8 Spearfish Planning Commission Staff Report Meeting Date: March 15, 2022 at 2:00 p.m.  Page 9 Spearfish Planning Commission Staff Report Meeting Date: March 15, 2022 at 2:00 p.m.  Page 10 Spearfish Planning Commission Staff Report Meeting Date: March 15, 2022 at 2:00 p.m.  Page 11 Spearfish Planning Commission Staff Report Meeting Date: March 15, 2022 at 2:00 p.m.