Planning Commission

Spearfish Planning Commission Agenda April 5, 2022 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/83755473565 Meeting ID: 837 5547 3565 Or Dial in: 1 669 900 9128 and enter Meeting ID A. Call To Order B. Roll Call C. Approve the Minutes from March 15, 2022 D. Declaration of Conflicts of Interest E. Items for Action 1. 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: Hold a public hearing and make recommendation to City Council 2. Request: Approve an amendment to the Miller Ranch DRD Concept Plan and approve the phase 2 preliminary plat Location: Christensen Drive and Colorado Boulevard Applicant: Mike Stetson/ KTM Design Solutions Action: Set a public hearing for April 19, 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 15, 2022 at 2:00 p.m. The Spearfish Planning Commission met in regular session on Tuesday, March 15, 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 Larry Vavruska. Absent: Greg Kruskamp and Barbara Zwetzig. Also present: City Planner Jayna Watson and City Attorney Ashley McDonald. APPROVAL OF MINUTES: Vavruska moved, Meyer seconded and all voted to approve the minutes of the March 1, 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: Hold a public hearing and make a recommendation to City Council JR Hamblet of Elkhorn Ridge Development provided a summary of the request. Watson followed with a presentation of the staff report and recommendation. Byrum opened the public hearing. Several residents of Elkhorn Ridge offered comment concerning traffic within Elkhorn Ridge and need for parks space. There being no further comments, Byrum closed the public hearing. Meyer moved, Bordewyk seconded, and all voted to recommend approval 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 Chris Pangburn presented the request and rationale for a variance to the subdivision ordinance. Watson followed with a presentation of the staff report and recommendation. Comments of the commission included public hearing process and subdividing within this area. Vavruska moved, Bordewyk seconded, and all voted to set public hearing for April 4, 2022. [please note that April 4th as listed on the agenda is a typographic error, and the actual public hearing date will be April 5, 2022] 4. City Council Update – Watson noted that the City Council’s public hearing on the Colorado Boulevard Study will be held on March 21 at 5:30 p.m. 5. Public Comment – No comments were provided. 6. Adjournment - Byrum adjourned the meeting at 2:45 p.m.  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 4 Meeting Date and Time: April 5, 2022 at 3:00 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: Hold a public hearing and make recommendation to City Council. Location: Tract P of the Spearfish Prairie Addition Proposal Summary: This will result in the division of one 45 acre +/- lot into two parcels without requiring the owner to construct water and sewer mains and services, or a street built to city standards. Page 1 Spearfish Planning Commission Staff Report Meeting Date: April 5, 2022 at 3:00 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 • Part of a voluntary annexation in 2008 in which 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. • Applicant proposes a well and septic system for each lot, as opposed to constructing water and sewer mains to serve the parcels. • Applicant requests that the street improvement be delayed until they build their structure on the 25 acre parcel. REVIEW CRITERIA AND STAFF ANALYSIS: The Spearfish Subdivision Ordinance, Chapter 15A of city code states the following: Sec. 15A-24. Infrastructure completion prior to recording final plat. (a) No final plat may be recorded for any lot within a subdivision before the installation, dedication, and acceptance of all public improvements including, but not limited to: paved streets, curb, gutter, sidewalk, water lines, sewer lines and drainage improvements. The city council may grant a special exception to allow a delay in the completion of any improvements by agreement secured by a letter of credit, bond, cash escrow deposit, or other guarantee of such improvements. [Editor’s note: The final sentence in 15A-24 only applies to situations where most of the improvements are complete and the city can assume ownership and maintenance while the property owner completes incidental work.] The city’s overall policy for infrastructure development is the City pays for the community- serving projects such as wells, water storage tanks, waste-water treatment, etc. Individual property owners are responsible for their individual project infrastructure and there are instances in the past where the property developer has brought services over several miles to serve their development: 2003 – Elkhorn Ridge Development constructed 3 miles of water and sewer services from Maitland Road to serve the development. 2008 – Ward Development constructed 2 miles of water main from Upper Valley and Hillsview to serve the Reserve neighborhood. Page 2 Spearfish Planning Commission Staff Report Meeting Date: April 5, 2022 at 3:00 p.m. This parcel is covered by an annexation agreement, which affirms this standard by providing that development should not commence in this area of the City prior to the existence of infrastructure. In 2015 and 2016, to prime this area for infrastructure development, the City invested in a water/sewer master plan of the area that showed the primary corridors for each. No capital projects have been initiated by the landowners to construct infrastructure as was described in the 2008 annexation agreement. 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. Staff Analysis of Variance Criteria The applicants have requested a variance from the code requirements to provide public improvements of water service and sewer service and paved streets. To qualify for the variance, it must be shown that a hardship exists based on the criteria AND, that if the variance is granted, certain findings can be met. The variance criteria in the subdivision code are as follows: (underline emphasis added and staff comments are provided following the code language): “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.” Location, topography, or other physical characteristic: The property has a location hardship concerning the requirements to bring water and sewer mains to the property. 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 it does not have a city water service. There is no hardship associated with location, topography, or other physical characteristic concerning the requirement to build a street to serve the parcels. All subdivisions require paved street access per the appropriate street cross section described in the subdivision code. Because there is no hardship for building a paved street, the analysis for this particular variance ends here. Page 3 Spearfish Planning Commission Staff Report Meeting Date: April 5, 2022 at 3:00 p.m. Additional required findings: A hardship alone does not ensure a variance should be granted. In addition to the hardship, a determination must be made regarding: The public interest shall be secured – The interest of the public is clearly stated in the annexation agreement which enabled the property to be annexed with the expectation that a plan for critical infrastructure would follow. The City has completed the overall infrastructure master plan; however, the private initiative to fund the infrastructure has not materialized. Property annexed for the benefits of City zoning also carries with it the responsibility of ensuring reliable infrastructure is developed to serve these lands. Project will be beneficial to the community – Economic development is a benefit to the community; however, those benefits would be undermined by allowing subdivision and development without the critical infrastructure to adequately serve the area. Approval of the variance will not nullify the intent and purposes of the Comprehensive Plan – The Comprehensive Plan indicates the following in the Infrastructure Strategy section. “Expand the city’s water and sewer systems according to the recommendations of the City’s Water and Sewer Master Plan, as well as the adopted standards of the public works department.” The requested variance conflicts with this statement and this variance would, by definition, nullify the intent and purposes of the Comprehensive Plan. PUBLIC COMMENT: Notice of public hearing was published in the newspaper. No comments have been received. STAFF RECOMMENDATION: Deny the variance request. 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/83755473565 Meeting ID: 837 5547 3565 Dial in: 1 669 900 9128 and enter Meeting ID Page 4 Spearfish Planning Commission Staff Report Meeting Date: April 5, 2022 at 3:00 p.m. Location of Request for Variance to Subdivision Code Water, Sewer, and Street requirements for Tracts P1 and P2 Pink = City Limits north of Interstate 90 and East of Highway 85 Page 5 Spearfish Planning Commission Staff Report Meeting Date: April 5, 2022 at 3:00 p.m.  Page 6 Spearfish Planning Commission Staff Report Meeting Date: April 5, 2022 at 3:00 p.m.  Page 7 Spearfish Planning Commission Staff Report Meeting Date: April 5, 2022 at 3:00 p.m.  Page 8 Spearfish Planning Commission Staff Report Meeting Date: April 5, 2022 at 3:00 p.m.  Page 9 Spearfish Planning Commission Staff Report Meeting Date: April 5, 2022 at 3:00 p.m.  Page 10 Spearfish Planning Commission Staff Report Meeting Date: April 5, 2022 at 3:00 p.m.  Page 11 Spearfish Planning Commission Staff Report Meeting Date: April 5, 2022 at 3:00 p.m.  Page 12 Spearfish Planning Commission Staff Report Meeting Date: April 5, 2022 at 3:00 p.m.  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: April 5, 2022 Applicant: Mike Stetson/ KTM Design Solutions Request: Approve an amendment to the Miller Ranch DRD Concept Plan and approve the phase 2 preliminary plat Action: Set a public hearing for April 19, 2022 Location: Christensen Drive and Colorado Boulevard Yellow Line – Overall DRD Concept Plan Boundary Red Line - Phase 2 preliminary plat general boundary Dashed Black Line – Phase 1 preliminary plat general boundary (approved in 2021) Proposal Summary: This will result in an amendment to the common open space area, and the preparation of phase 2 for infrastructure construction this summer. Page 1 Spearfish Planning Commission Staff Report Meeting Date: 4-5-2022 at 3:00 p.m. BACKGROUND AND HISTORY: • Annexation and change of zoning to DRD approved in April 2021 along with approval of a preliminary plat for phase 1. • Pastureland and cattle grazing have been past land uses • Site consists of an elevated grassy plateau surrounded by vegetated ravines and steep slope conditions between the plateau and Colorado Boulevard PROJECT DATA: Overall Parcel Size: 294 acres +/- Phase 2 Preliminary Plat Parcel Size: 27 acres +/- Single family: 40 lots; sizes range from 11,000 square feet to over one acre Duplex/two family: 20 lots (one unit each lot – common wall on property line); Lot sizes range from 7,000 square feet to one half acre (DRD approval is 4,000 square feet minimum) Open Space: 80.6 acres; 27.5% of overall site (minimum per DRD zoning is 10%) REVIEW CRITERIA AND STAFF ANALYSIS: DRD Concept Plan Amendment The original zoning approval conditions required that if the total common open space was reduced by more than 10 percent, it requires a public hearing for this amendment. Original amount of common open space – 117.6 acres Common open space shown on the concept plan revision – 80.6 acres (27% of the total land area; DRD requirement is 10%) 74.6 acres within natural open space; 6 acres in neighborhood park space. The applicant’s narrative is attached explaining this reduction which results from the increase in lot sizes where the lots are adjacent to the common open space areas thus placing more land within the adjoining lot. Also included in the revised concept plan is the inclusion of a 6 acre neighborhood park space, which is per the recommendations of the City’s new Parks Master Plan. Aside from these changes, the concept plan remains the same in terms of streets and land use. Phase 2 Preliminary Plat The plat illustrates a total of 60 lots, 20 are townhouse/duplex and the remaining 40 are single family lots. The proposed street cross sections are as follows: Miller Ranch Avenue from Colorado Boulevard to Lot 1 Block 8: Right of Way: 60 feet; Paved Width: 24 feet; 8 foot path on one side of the road; no parking Miller Ranch Avenue south of Lot 1 Block 8: Right of Way: 60 feet; Paved Width: 38 feet; 5 foot sidewalk both sides of the road; parking both sides of the road; Page 2 Spearfish Planning Commission Staff Report Meeting Date: 4-5-2022 at 3:00 p.m. Oak Crest Court and Blue Sage Road: Right of Way: 60 feet; Paved Width: 29 feet; 5 foot sidewalk one side; parking on one side PUBLIC COMMENT: Notice of the phase 2 preliminary plat and revised concept plan public hearing will be provided to owners within 140 feet of the overall parcel boundary as well as published in the newspaper STAFF RECOMMENDATION: Set a public hearing for April 19, 2022 ATTACHMENTS: Page 4 - Aerial Page 5 – Concept Plan – Original Approval Page 6 – Concept Plan – 2022 Revision Page 7 – Preliminary Plat Page 9 – Street Cross Sections Page 11 – Applicant Narrative STAFF CONTACT: Jayna Watson, City Planner, 605-717-1122 jayna.watson@cityofspearfish.com Join Zoom Meeting https://us02web.zoom.us/j/83755473565 Meeting ID: 837 5547 3565 Dial in: 1 669 900 9128 and enter Meeting ID Page 3 Spearfish Planning Commission Staff Report Meeting Date: 4-5-2022 at 3:00 p.m. Yellow Line – Overall DRD Concept Plan Boundary Red Line - Phase 2 preliminary plat general boundary Dashed Black Line – Phase 1 preliminary plat general boundary (approved in 2021) Page 7 of the staff report Page 8 of the staff report Page 4 Spearfish Planning Commission Staff Report Meeting Date: 4-5-2022 at 3:00 p.m.  Page 5 Spearfish Planning Commission Staff Report Meeting Date: 4-5-2022 at 3:00 p.m.  Page 6 Spearfish Planning Commission Staff Report Meeting Date: 4-5-2022 at 3:00 p.m. Miller Ranch Phase 2 Preliminary Plat Page 7 Spearfish Planning Commission Staff Report Meeting Date: 4-5-2022 at 3:00 p.m.  Page 8 Spearfish Planning Commission Staff Report Meeting Date: 4-5-2022 at 3:00 p.m. Note: Station 18+23.27 to 27+61.89 of Miller Ranch Avenue required to have 5 foot wide sidewalk on both sides of the street per Development Agreement; will be revised in final engineering plans submittal. 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