Planning Commission

Spearfish Planning Commission Agenda May 3, 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 April 19, 2022 D. Declaration of Conflicts of Interest E. Items for Action 1. Request: Approve a preliminary plat for Sky Ridge Phase 2 Location: Sky Ridge Applicant: City of Spearfish Action: Set a public hearing for May 17, 2022 2. Request: Approve an amendment to the Revised Ordinances of the City of Spearfish, Appendix A Zoning, Article II Definitions Location: City-wide Applicant: City of Spearfish Action: Set a public hearing for May 17, 2022 3. Request: Approve an amendment to the Revised Ordinances of the City of Spearfish, Appendix A Zoning, Article IV. District Regulations, Section 5. C1 Central Commercial District Location: C-1 Zoning Districts Applicant: City of Spearfish Action: Set a public hearing for May 17, 2022 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.  Page 2 Spearfish Planning Commission Agenda May 3, 2022 at 3:00 p.m. 4. Request: Approve a C-1 Redevelopment Incentive Plan Location: 344 Main Street Applicant: Jason Roberdeau/Williams and Associates Action: Set a public hearing for May 17, 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 April 19, 2022 at 3:00 p.m. The Spearfish Planning Commission met in regular session on Tuesday, April 19, 2022 at 3:00 p.m. in the council chamber of city hall and via Zoom video conference. Vice-Chairman Bordewyk called the meeting to order at 3:00 p.m. Roll call was taken with the following members present: Toby Bordewyk, Greg Kruskamp, Bob Meyer, and Larry Vavruska. Absent: Meghan Byrum due to conflict of interest on both items. Barbara Zwetzig arrived to the meeting at the beginning of item 2. Also present: City Planner Jayna Watson. APPROVAL OF MINUTES: Vavruska moved, Kruskamp seconded and all voted to approve the minutes of the April 5, 2022 Planning Commission meeting. DECLARATIONS OF CONFLICTS OF INTEREST: Bordewyk called for any potential conflicts of interest to be identified. No conflicts were expressed by the members present. 1. 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: Hold a public hearing and make recommendation to City Council Mike Stetson of KTM Design Solutions provided a summary of the reason for change in the concept plan and the details of the phase 2 preliminary plat. Watson followed with a summary of the staff report and recommendation. Bordewyk opened the public hearing. Gregg Holtz provided testimony. Bordewyk closed public hearing. Mike Stetson provided additional information related to the change in plan to increase lot size. Vavruska moved, Meyer seconded to recommend approval of the DRD concept plan amendment and phase 2 preliminary plat. Motion passed 2-1 with Kruskamp voting no. 2. Request: Approve a change of zoning from AG to Development Review District (DRD) with Concept Plan approval. Location: West of Brookview Road, North of I-90 Applicant: Ward Development Group, LLC Action: Set a public hearing for May 17, 2022 Barbara Zwetzig joined the meeting. Applicant Jason Ward was unable to attend due to a personal emergency. Watson presented a summary of the staff report and recommendation. Vavruska moved, Kruskamp seconded, and all voted to set the public hearing for May 17, 2022. 3. City Council Update – Watson reported on the Mayor and City Council election results, the appointment of an interim fire chief, City Planner recruitment update, and the denial of the Tract P Pangburn Enterprises subdivision variance request. 4. Public Comment – No comments were provided. 5. Adjournment - Bordewyk adjourned the meeting at 3:40 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: May 3, 2022 at 3:00 p.m. Applicant: City of Spearfish Request: Approve a preliminary plat for Sky Ridge Phase 2 Action: Set a public hearing for May 17, 2022 Location: Sky Ridge Phase 2 Colorado Blvd Proposal Summary: This will enable the next phase of development for an additional 117 single family homes. Page 1 Spearfish Planning Commission Staff Report Meeting Date: May 3, 2022 at 3:00 p.m. BACKGROUND AND HISTORY: • Annexed into the city in 2013 and rezoned to DRD with a land use concept plan showing both commercial and residential land uses. • December 2019 - concept plan revised to eliminate commercial land uses and designate much of the property as single family. • July 2020 – approval of final plan for sports complex and preliminary plat approval phase 1 housing. PROJECT DATA: • Overall parcel size phase 2: 28.34 acres. • 117 lots proposed; majority of the lots are 7,000 square feet in size; some larger. Minimum lot size is 6,300 square feet per the 2020 DRD approval. • Streets will be 29 feet wide with curb/gutter and a 5 foot sidewalk on one side. • The DRD 10 percent open space has been satisfied by the new sports complex; no additional common open space required in this phase. REVIEW CRITERIA AND STAFF ANALYSIS: Approval of the preliminary plat is based on the criteria of the subdivision code: 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 services are provided as described by the subdivision code. Subdivision code requirements for street design: • Street Classification: Minor Residential on Aquila, Leo and Centauri Streets and Sky Ridge Avenues Major Residential on Aurora Avenue and Vega Street • Right of Way: 50 feet to 66 feet for minor/major streets respectively • Pavement Width: 29 feet for minor residential; 34 feet for major residential • Curb/gutter: provided on both sides • Sidewalk: 5 feet located on one side of street for minor residential; both sides for major residential • The street plans have been approved by city engineering Master Transportation Plan: The plan does not illustrate a future arterial or collector street right of way needed within the boundary or on the perimeter of this parcel. Future street connections to the south and west are provided. Lot Size: – The DRD zoning approval requires a minimum lot size of 6,300 square feet; the preliminary plat complies with this standard. Page 2 Spearfish Planning Commission Staff Report Meeting Date: May 3, 2022 at 3:00 p.m. Water/Sewer Utilities: – City engineering has reviewed and approved all water, sanitary and storm sewer design. PUBLIC COMMENT: Notice of public hearing will be published in the newspaper. STAFF RECOMMENDATION: Set public hearing for May 17, 2022 STAFF CONTACT: Jayna Watson, City Planner, 605-717-1122; jayna.watson@cityofspearfish.com ATTACHMENTS: Page 4 – Aerial Map Page 5 -6 – Proposed Preliminary Plat 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: May 3, 2022 at 3:00 p.m. Colorado Blvd Location of Phase 2 Sky Ridge Preliminary Plat Page 4 Spearfish Planning Commission Staff Report Meeting Date: May 3, 2022 at 3:00 p.m.  Page 5 Spearfish Planning Commission Staff Report Meeting Date: May 3, 2022 at 3:00 p.m.  Page 6 Spearfish Planning Commission Staff Report Meeting Date: May 3, 2022 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: May 3, 2022 at 3:00 p.m. Applicant: City of Spearfish Request: Approve an amendment to the Revised Ordinances of the City of Spearfish, Appendix A Zoning, Article II Definitions Action: Set a public hearing for May 17, 2022 Location: City-wide Proposal Summary: This will eliminate the definition of vacate from the zoning code. Background and History: The vacate of city right of way is sometimes associated with a plan of development initiated by the owner of the adjoining property. The current zoning code definition of a vacate includes language concerning the method by which the vacated public right of way is transferred to private ownership and what is the dollar value involved for the right of way in some instances. All regulations pertaining to the process of a vacate and how the vacated parcel of land is transferred to private ownership, is governed by state law, not the zoning code. The following is the existing language of the code to be repealed: Vacate means upon petition, and with the approval of an adjoining property owner or owners, the process involved in releasing public property to private ownership. In original town, such release is effected through a public bidding process. For areas not within original town, vacated public property reverts to the adjoining property owner(s), at no cost. The only other location where a vacate is mentioned in the remainder of the zoning code is where it applies to the interpretation of a zoning district boundary. It is not required to keep the definition just for this purpose since the context makes it obvious for what is being referred to as follows (red text): Section 3. Rules for interpretation of district boundaries. Where uncertainty exists with respect to the precise location of any of the districts shown on the zoning map, the following rules shall apply: Page 1 Spearfish Planning Commission Staff Report Meeting Date: 5-3-2022 at 3:00 p.m.  1. Boundaries shown as following or approximately following streets, highways, or alleys shall be construed to follow the centerlines of such streets, highways or alleys. 2. Boundaries shown as following or approximately following platted lot lines or other property lines, such lines shall be construed to be said boundary lines. 3. Boundaries shown as following or approximately following the center line of streams, rivers or other continuously flowing water courses shall be construed as following the channel center line of such water courses and these boundaries shall be deemed to be at the limit of the jurisdiction of the city unless otherwise indicated. 4. Boundaries shown as following or closely following the limits of political jurisdictions shall be construed as following such lines. 5. Where the application of the aforesaid rules leaves a reasonable doubt as to the boundaries between two districts, the regulations of the more restrictive districts shall govern the entire parcel in question, unless otherwise determined by the city council. 6. Whenever any street, alley or other public easement is vacated, the district classification of the property to which the vacated portions of land accrue shall become the classification of the vacated land. STAFF RECOMMENDATION: Set public hearing for May 17, 2022 ATTACHMENTS: Page 3 – Ordinance form of zoning text to be repealed. STAFF CONTACT: Jayna Watson, City Planner, 605-717-1122; jayna.watson@cityofspearfish.com Zoom Meeting Instructions: Join Zoom Meeting https://us02web.zoom.us/j/83755473565 Dial in: 1 669 900 9128 & enter Meeting ID Page 2 Spearfish Planning Commission Staff Report Meeting Date: 5-3-2022 at 3:00 p.m.  ORDINANCE NO. [X] AN ORDINANCE AMENDING APPENDIX A ZONING DEFINITION PERTAINING TO VACATE BE IT ORDAINED by the Common Council of the City of Spearfish that Appendix A. Zoning, Article II. Definitions, of the Revised Ordinances of the City of Spearfish is hereby amended— with strikethrough indicating text to be deleted, and the remainder of the Article left unaffected—as follows: ARTICLE II. DEFINITIONS The following words, terms and phrases are defined and shall be interpreted as such throughout this ordinance. Terms not defined shall have the meaning customarily assigned to them. [...] Vacate means upon petition, and with the approval of an adjoining property owner or owners, the process involved in releasing public property to private ownership. In original town, such release is effected through a public bidding process. For areas not within original town, vacated public property reverts to the adjoining property owner(s), at no cost. [...] *** Severability. The provisions of this ordinance are severable. If any provision of this ordinance or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application. Effective Date. This Ordinance will become effective 20 days following publication, which will occur after the ordinance receives second and final reading by the City Council and is signed by the Mayor. Dated this ________ day of _____________________, 2022. CITY OF SPEARFISH By: _ (Seal) John Senden, Its Mayor Attest: Page 3 Spearfish Planning Commission Staff Report Meeting Date: 5-3-2022 at 3:00 p.m. Michelle DeNeui, Finance Officer First Reading: June 6, 2022 Second Reading: June 20, 2022 Public Hearing: June 20, 2022 Published: June 25, 2022 Effective: July 15, 2022 Page 4 Spearfish Planning Commission Staff Report Meeting Date: 5-3-2022 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 below for instructions to join. Meeting Date and Time: May 3, 2022 at 3:00 p.m. Applicant: City of Spearfish Request: Approve an amendment to the Revised Ordinances of the City of Spearfish, Appendix A Zoning, Article IV. District Regulations, Section 5. C1 Central Commercial District Action: Set a public hearing for May 17, 2022 Location: C-1 Zoning District Proposal Summary: This will clarify how to calculate the parking requirements relate do the C-1 Redevelopment Incentive Plan option. Background and History: A clarification is needed for this section of the zoning code to more accurately identify how an applicant should calculate the parking reduction allowed by this zoning tool. As written, the current language does not make a clear link between the ability to reduce the overall parking for non-residential uses by 50%, and then of that remaining number, parking stalls can be provided on site or on the street or both. See attached for the proposed changes in underline. STAFF RECOMMENDATION: Set public hearing for May 17, 2022 ATTACHMENTS: Page 2 – Ordinance form of zoning text amendment STAFF CONTACT: Jayna Watson, City Planner, 605-717-1122; jayna.watson@cityofspearfish.com Zoom Meeting Instructions: Join Zoom Meeting https://us02web.zoom.us/j/83755473565 Dial in: 1 669 900 9128 & enter Meeting ID Page 1 Spearfish Planning Commission Staff Report Meeting Date: 5-3-2022 at 3:00 p.m.  ORDINANCE NO. [X] AN ORDINANCE AMENDING THE C-1 CENTRAL COMMERCIAL ZONING DISTRICT REGULATIONS BE IT ORDAINED by the Common Council of the City of Spearfish that Appendix A. Zoning, Article IV. District Regulations, Section 5.G C-1 redevelopment incentive plan 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: Section 5. C1 central commercial district. [...] G. C-1 redevelopment incentive plan. The following is a strategy from the Spearfish comprehensive plan: “Support the redevelopment of property to more intense land uses when compatibility to the surrounding area is achieved by creative design solutions that mitigate potential impacts.” The criteria described in this section implements this strategy as applied to development proposals where obsolete, blighted, and deteriorated structures are removed or renovated in order to spur additional reinvestment in the downtown and contribute to the overall economic vitality of the city. Approval of this plan is at the discretion of the city council. 1. For any new or renovated structure, the required parking for non-residential land uses may be reduced by up to fifty percent (50%) 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. (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. (3) A minimum of fifty percent (50%) of the required After the parking reduction is applied, the remaining required number of parking spaces must be provided either on private property, within the public right-of-way, or both. (4) A maximum of ten (10) parking spaces are permitted within the right-of-way adjacent to the applicant’s property frontage either as ninety (90) degree angle or diagonal parking. (5) A maximum of ten (10) parallel parking spaces on one (1) side of the street may serve as parking provided for more than one (1) property. (6) Parking for residential, hotel, motel, bed and breakfast, vacation home rentals, and uses that require overnight parking must be provided on private property. [...] *** Severability. The provisions of this ordinance are severable. If any provision of this ordinance or Page 2 Spearfish Planning Commission Staff Report Meeting Date: 5-3-2022 at 3:00 p.m. the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application. Effective Date. This Ordinance will become effective 20 days following publication, which will occur after the ordinance receives second and final reading by the City Council and is signed by the Mayor. Dated this ________ day of _____________________, 2022. CITY OF SPEARFISH By: (Seal) John Senden, Its Mayor Attest: Michelle DeNeui, Finance Officer First Reading: June 6, 2022 Second Reading: June 20, 2022 Public Hearing: June 20, 2022 Published: June 25, 2022 Effective: July 15, 2022 Page 3 Spearfish Planning Commission Staff Report Meeting Date: 5-3-2022 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 4 for instructions to join. Meeting Date and Time: May 3, 2022 at 3:00 p.m. Applicant: Jason Roberdeau/Williams and Associates Request: Approve a C-1 Redevelopment Incentive Plan Action: Set a public hearing for May 17, 2022 Location: 344 Main Street Proposal Summary: This will enable a mixed use office/retail/residential project. Page 1 Spearfish Planning Commission Staff Report Meeting Date: May 3, 2022 3:00 p.m. BACKGROUND AND HISTORY: • Undeveloped at present – C-1 Central Commercial zoning • Surrounding zoning and development patterns: - North, South, and West zoned C-1 with a mix of commercial (north) and residential - East – zoned R-2 with some structures possibly containing multiple apartments in a legal/non-conforming condition. PROJECT DATA: Parcel size: 14,000 square feet Building square footage: 7,155 square feet Parking required/provided for residential on private property: 6 spaces Parking required for non-residential uses before 50% reduction is applied: 20 spaces Parking required for non-residential uses after 50% reduction is applied: 10 spaces Parking on private property for non-residential use: 14 spaces Provided in public right of way for non-residential use: 5 (maximum is ten) Landscape points required/provided: 5 street trees x 2,000 points = 10,000 points 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. This plan will require a partial vacate of both the Main Street and Federal Street rights of way. This approval will set the stage for the vacate request but the Planning Commission’s action is limited to the C-1 redevelopment request. City Council will be briefed that their approval of the plan as submitted will require an indication for if they also will support approval of the vacate. 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 architecture meets the standards described in these guidelines by offering an updated and contemporary interpretation of mountain Page 2 Spearfish Planning Commission Staff Report Meeting Date: May 3, 2022 3:00 p.m.  architecture. Exposed structural elements add interest and definition to a moderately sized building. (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. Staff analysis: This information will be provided in the next staff report; however, staff is confident that this standard can be met when comparing the last assessed value both when structures existed and the current valuation as an undeveloped lot. Current Assessed Value: to be provided Estimated Building Permit Value: to be provided (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 applicant is required to provide 10 parking spaces on private property for the non-residential uses. This plan provides 14 spaces for non-residential use on private property. They are also seeking approval to use up to 5 parallel parking spaces on their Main Street frontage. (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: 5 parallel parking spaces requested on the Main Street frontage. (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: No additional C-1 redevelopment approvals have been made for the east side of Main Street. (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: The required residential parking is 6 spaces and are provided on private property. 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 1, 2, 3, and 5 are satisfied. (1) Existing sidewalks are widened to a minimum of 8’. Staff analysis: The existing sidewalk on Main Street is a narrow, 4 foot sidewalk in deteriorating condition. This will be replaced with a new 10 foot wide sidewalk. The sidewalk along Federal Street will be incorporated into Page 3 Spearfish Planning Commission Staff Report Meeting Date: May 3, 2022 3:00 p.m.  the patio space. (2) New street trees provided at the rate of 1 per 50 feet of site frontage. Staff analysis: Site plan shows 3 trees along Main Street, which equates to one tree per 33 feet and 2 trees along Federal which equates to one tree per 35 feet. (3) Provide landscaping per city code. Staff analysis: Total Points Required = 10,040. Provided = 10,000 (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: Not applicable; building design has not commenced to this level. (5) Other criteria deemed to have a significant public benefit Staff analysis: The creation of the elevated patio space above Main Street will introduce an active public space and serve as a gateway to the downtown, potentially spurring on additional redevelopment interest. Conclusion - The applicant meets each of the mandatory criteria, and four of the 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 will be notified of the public hearing via first class mail 10 days before the public hearing. Notice of the public hearing will also be published in the official newspaper 10 days prior to the public hearing. STAFF RECOMMENDATION: Set a public hearing for May 17, 2022 ATTACHMENTS: Page 5 – Zoning Map Page 6 – Site Photos Page 7 - Site Plan Page 8 - 10 - Renderings of the Proposed Structure Page 11 – Parking Calculations Staff Contact: Jayna Watson, City Planner, 605-717-1122; jayna.watson@cityofspearfish.com Join by zoom teleconference: https://us02web.zoom.us/j/83755473565 Meeting ID: 837 5547 3565 Or Dial In: 1 669 900 9128 Page 4 Spearfish Planning Commission Staff Report Meeting Date: May 3, 2022 3:00 p.m. Location of Subject Site = Blue parcel boundaries Pink = C-1 Central Commercial Zoning Yellow = R2 One and Two Family Zoning Page 5 Spearfish Planning Commission Staff Report Meeting Date: May 3, 2022 3:00 p.m.  Page 6 Spearfish Planning Commission Staff Report Meeting Date: May 3, 2022 3:00 p.m.  Page 7 Spearfish Planning Commission Staff Report Meeting Date: May 3, 2022 3:00 p.m.  Page 8 Spearfish Planning Commission Staff Report Meeting Date: May 3, 2022 3:00 p.m.  Page 9 Spearfish Planning Commission Staff Report Meeting Date: May 3, 2022 3:00 p.m.  Page 10 Spearfish Planning Commission Staff Report Meeting Date: May 3, 2022 3:00 p.m.  Page 11 Spearfish Planning Commission Staff Report Meeting Date: May 3, 2022 3:00 p.m.