Planning Commission

Spearfish Planning Commission Agenda February 21, 2023 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/83971284645 Meeting ID: 839 7128 4645 Or Dial in: +1 669 444 9171 and enter Meeting ID A. Call To Order B. Roll Call C. Approve the Minutes from February 7, 2023 D. Declaration of Conflicts of Interest E. Items for Action 1. Request: Approve a Final Plat for Lots 13 and 10A of the Meadows of Higgins Gulch Location: Southwest of Hillsview Rd.; Within 3-Mile Extraterritorial Jurisdiction Area Applicant: Ponderosa Land Surveys, LLC Action: Approve with Stipulations 2. Request: Hold a public hearing to approve a Final Plat for Lots 2R-2A and 2R- 2B of Block 17 of Sandstone Hills Addition Location: North of Holiday Inn; Within City Limits Applicant: Renner Associates, LLC Action: Approve with Stipulations 3. Request: Approve a Sketch Plat for Tract S and Tract M of Section 9, T6N, R3E Location: Northeast of Intersection of N Rainbow Road and Turtle Lane Applicant: Interstate Engineering Action: Approve with Stipulations 4. Request: Approve a Sketch Plat for Lots 1A Revised and Lot 1A1 of Lot 1A Revised in Section 6, T6N, R2E Location: West of Intersection of Hillsview Road and Ridge Road Applicant: All Aspects Inc. Action: Approve with Stipulations F. Items for Discussion 1. Commissioner Byrum to Serve on Study Advisory Team for Spearfish Rest Area 2. Corridor Studies - Project Updates G. City Council Update H. Public Comment - Public comments are welcome at this time, however, no action will be taken. I. Adjournment  Spearfish Planning Commission Regular Session Minutes February 7, 2023 at 3:00 p.m. The Spearfish Planning Commission met in regular session on Tuesday, February 7, 2023 at 3:00 p.m. in the council chamber of city hall and via Zoom video conference. Chair Byrum called the meeting to order at 3:00 p.m. Roll call was taken with the following members present: Chair Meghan Byrum, Vice Chair Toby Bordewyk, Commissioner Bob Meyer, Commissioner Greg Kruskamp, Commissioner Rick Tysdal, and Commissioner Larry Vavruska. Also present: Planning Director Marlo Kapsa and Assistant City Planning Director Jennifer Bergstrom. APPROVAL OF MINUTES: Kruskamp moved, Vavruska seconded, and all voted to approve the minutes of the January 17, 2023 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 amendment to the Revised Ordinances of the City of Spearfish, Chapter 15A Subdivisions, Article II. Procedure, Section 15A-22. Administrative Approval of Plats, pertaining to noticing and public hearing requirements Location: Citywide Applicant: City of Spearfish Action: Hold a public hearing and make a recommendation to City Council. Byrum opened the public hearing and Kapsa presented the proposed ordinance revisions and allowed time for comments and questions from the Planning Commission. Bordewyk asked for clarification on the difference between minor and major plats and Kapsa provided explanation of these plat types and when administrative approval is allowed. Kruskamp asked about any state noticing requirements, and Kapsa explained that noticing requirements for plat approval are not required by state statute, but are instead determined by each jurisdiction. Byrum opened the public comment time and Joe Jorgensen spoke briefly in favor of passing the ordinance amendment. Vavruska moved, Tysdal seconded, and all voted to recommend approval. 2. Request: Approve a Sketch Plat for Lots 13 and 10A of the Meadows of Higgins Gulch Location: Southwest of Hillsview Rd.; Within 3-Mile Extraterritorial Jurisdiction Area Applicant: Ponderosa Land Surveys, LLC Action: Approve the Sketch Plat Kapsa presented the sketch plat and explained it is a minor plat within the 3-Mile Extraterritorial Jurisdiction Area with Lawrence County. She stated this plat would combine a portion of Tract A to the existing Lot 10, to create a 4.557 acre lot, Lot 10A. The remainder of Tract A would be platted into Lot 13, a 21.995 acre lot. Both lots are large enough to support their own well and on-site septic system, and access is provided from Higgins Gulch Rd. There was discussion on whether a water line easement and well share agreement should be required, since Lot 13 currently is served by a well on the existing Lot 12. Roger Riley, who owns both lots, expressed that he would prefer to wait to enter into a well share agreement until the property would be sold. Tysdal moved, Bordewyk seconded, and all voted to recommend approval of the sketch plat as presented. Spearfish Planning Commission February 7, 2023 Regular Session Minutes Page 2 3. Request: Elect 2023 Planning Commission Chair and Vice Chair Vavruska nominated Kruskamp for Chair and Byrum for Vice Chair. Bordewyk called for a vote. Vavruska moved, Bordewyk seconded, and all voted to elect Greg Kruskamp to Chair and Meghan Byrum to Vice Chair for 2023. 4. Items for Discussion: Vice Chair Bordewyk to Serve on Study Advisory Team for Highway 85 Corridor Study: Kapsa informed the Planning Commission that Bordewyk will be serving as a member of the Study Advisory Team for the Highway 85 Corridor Study. Kapsa stated that she will notify the consultant and Bordewyk will be included in future correspondence. Corridor Studies – Project Updates: Kapsa provided an update on the progress of the three corridor studies that are in process. A public stakeholder meeting for the Colorado Boulevard Corridor Study was held on February 2, 2023, at the Heritage Center in Spearfish. This meeting was a success, with lots of valuable feedback received. The Highway 85 Corridor Study kickoff meeting was held last month. Kapsa noted that there is not a Planning Commissioner on the Study Advisory Team for the Spearfish rest area project. Byrum expressed interest in serving on this committee. 5. City Council Update – Kapsa noted that the City Council approved the reallocation of funds for the strategic plan update towards a comprehensive plan update instead. 6. Public Comment – No comments were provided. 7. Adjournment - Chair Byrum adjourned the meeting at 3:45 PM.  Spearfish Planning Commission Staff Report Meeting Location: 625 Fifth Street, Spearfish SD, Council Chamber of City Hall and by Zoom Online Meeting Meeting Date and Time: February 21, 2023 at 3:00 p.m. Applicant: Ponderosa Land Surveys, LLC Request: Approve a Final Plat for Lots 13 & 10A of The Meadows of Higgins Gulch Action: Approve with stipulations Location: Southwest of Hillsview Rd.; Within 3-Mile Extraterritorial Jurisdiction Area Proposal Summary: A portion of Tract A will be combined with Lot 10 to create Lot 10A (4.557 acres), and the remainder of Tract A will become Lot 13 (21.995 acres). Page 1 Spearfish Planning Commission Staff Report Meeting Date: February 21, 2023 at 3:00 p.m. General Comments: The proposed final plat is a minor plat within the 3-Mile Extraterritorial Jurisdiction area with Lawrence County. This plat would combine a portion of Tract A to the existing Lot 10, to create a 4.557 acre lot, Lot 10A. The remainder of Tract A will be platted into Lot 13, which will be 21.995 acres in size. A sketch plat was approved by the Planning Commission on 2/07/23. Staff Review: Zoning: The property is currently zoned Park Forest District. Both proposed lot sizes meet the minimum criteria of lot size and density requirements set forth within the Park Forest District regulations. Both lots are currently developed with single-family homes. Utilities: There is an existing home and well on the proposed Lot 10A, and a cabin on the proposed Lot 13. Both lots meet minimum DANR standards to support their own well and on-site wastewater systems. Access: Access is provided to both lots from Higgins Gulch Road, which is classified as a Collector Street on the City’s Major Street Plan. The minimum 66-foot wide right-of-way has been dedicated along the frontage of both lots. Floodplain: A portion of the proposed Lot 10A is within the 100-year floodplain area. The existing residence is outside of this floodplain area. The floodplain area is shown on this final plat. Platting Process: Following approval, the final plat will go before the City Council for a public hearing. Summary: The proposed plat generally complies with all applicable Zoning and Subdivision Regulations. Staff would recommend approval with the following stipulations: 1. Prior to recording of the Final Plat, the plat document shall be revised to update the legend language from “Floodway” to “Floodplain” and to modify the hatching to shading. STAFF CONTACT: Marlo Kapsa – Planning Director, 605-717-1122; marlo.kapsa@cityofspearfish.com ATTACHMENTS: Page 3 – Aerial Map Page 4 – Final Plat Page 5 – Structural Survey Page 2 Spearfish Planning Commission Staff Report Meeting Date: February 21, 2023 at 3:00 p.m. Aerial Map Page 3 Spearfish Planning Commission Staff Report Meeting Date: February 21, 2023 at 3:00 p.m. Final Plat Page 4 Spearfish Planning Commission Staff Report Meeting Date: February 21, 2023 at 3:00 p.m. Structural Survey Page 5 Spearfish Planning Commission Staff Report Meeting Date: February 21, 2023 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 Meeting Date and Time: February 21, 2023 at 3:00 p.m. Applicant: Renner Associates, LLC Request: Hold a Public Hearing to Approve a Final Plat for Lots 2R-2A & 2R-2B of Block 17 of Sandstone Hills Addition Action: Approval of Final Plat Location: Northeast of the intersection of Hamster Hill Place and Paramount Drive; Within City Limits Proposal Summary: The existing Lot 2R-2 would be split into two lots: Lot 2R-2A (2.217 acres) and Lot 2R-2B (1.328 acres). Page 1 Spearfish Planning Commission Staff Report Meeting Date: February 21, 2023 at 3:00 p.m. General Comments: The proposed final plat is a minor plat within the city limits of the City of Spearfish. This plat would split the existing Lot 2R-2 into two lots: Lot 2R-2A (2.217 acres) and Lot 2R-2B (1.328 acres). Future plans for the subject property include two apartment buildings with one building to be constructed on each lot. Staff Review: The following comments are specific to the plat review. Additional site-specific design comments have been provided separately to the developer and consultant. Zoning: The property is currently undeveloped and is zoned Planned Unit Development (PUD). The proposed plat and land use both comply with the most recent Planned Unit Development approval. Utilities: Both lots will be served by City water and sewer. Right-of-Way & Access: The property is accessed via Paramount Drive, which is classified as a Collector Street on the City’s Major Street Plan requiring a minimum right-of-way of 66 feet. To meet the minimum right-of-way criteria, an additional 8 feet of right-of-way must be dedicated as part of this plat. Prior to submittal for recording, the plat document must be revised to reflect the appropriate right-of-way width. A shared access from Paramount Drive will serve both lots. Prior to submittal for recording, a shared access easement along the common access and drive aisle must be shown on the plat. A written easement document and maintenance agreement must be provided ensuring both lots have benefit of the easement. Drainage: A shared ownership and maintenance agreement is needed for all drainage elements onsite. A drainage report must be submitted with the revised construction plans. Platting Process: Following approval by the Planning Commission, the final minor plat may be approved administratively by the Planning Director. Summary: The proposed plat generally complies with all applicable Zoning and Subdivision Regulations. Staff would recommend approval with the following stipulations: 1. Prior to submittal for recording, the plat document shall be revised to show the dedication of an additional 8 feet of right-of-way to Paramount Drive to meet the minimum right-of- way requirement. 2. Prior to submittal for recording, the plat document title shall be revised to say City of Spearfish. 3. Prior to submittal for recording, the plat document must be revised to reference John Buxton’s relationship to the LLC within the two owner’s signature blocks 4. Prior to submittal for recording, the plat document must be revised to removed the letter A from the utility easement reference. The revised easement reference shall read, “#2017- 2134” 5. Prior to submittal for recording, a shared access easement along the common access and Page 2 Spearfish Planning Commission Staff Report Meeting Date: February 21, 2023 at 3:00 p.m.  drive aisle shall be shown on the plat. A written easement document and maintenance agreement shall be provided ensuring both lots have benefit of the easement. 6. Prior to submittal for recording, the plat shall be revised to reference the shared ownership and maintenance agreement. This document shall be recorded immediately after the final plat. 7. Upon submittal of a building permit application, a drainage report completed by a South Dakota Licensed Engineer must be submitted for review and approval. STAFF CONTACT: Marlo Kapsa – Planning Director, 605-717-1122; marlo.kapsa@cityofspearfish.com ATTACHMENTS: Page 4 – Aerial Map Page 5 – Final Plat Page 6 – Draft Project Layout Page 3 Spearfish Planning Commission Staff Report Meeting Date: February 21, 2023 at 3:00 p.m. Aerial Map Page 4 Spearfish Planning Commission Staff Report Meeting Date: February 21, 2023 at 3:00 p.m. Final Plat Page 5 Spearfish Planning Commission Staff Report Meeting Date: February 21, 2023 at 3:00 p.m. Draft Project Layout Page 6 Spearfish Planning Commission Staff Report Meeting Date: February 21, 2023 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 Meeting Date and Time: February 21, 2023 at 3:00 p.m. Applicant: Interstate Engineering Request: Approve a Sketch Plat for Tract S & Tract M of Section 9, T6N, R3E Action: Approve with stipulations Location: Northeast of Intersection of N Rainbow Road and Turtle Lane; Within 3-Mile Extraterritorial Jurisdiction Area Proposal Summary: This property is currently unplatted. This plat would create 2 new lots: Tract M (2.25 acres) and Tract S (8.9 acres). Page 1 Spearfish Planning Commission Staff Report Meeting Date: February 21, 2023 at 3:00 p.m. General Comments: The proposed final plat is a minor plat within the 3-Mile Extraterritorial Jurisdiction area with Lawrence County. This property is currently unplatted. This plat would create two new lots. Proposed Tract M will be 2.25 acres, which will leave a 117.5 unplatted remainder. Tract S will be 8.9 acres, leaving a 71.1 acre unplatted remainder. The final plat must be revised to list Tract S in the “W1/2NE1/4” of Section 9. The final plat must also be revised to show the remainder acreages of the parent parcels, and to more clearly show the plat location in the vicinity map shown on the plat. Staff Review: Zoning: The property is currently zoned Rural Residential District. Both proposed lot sizes meet the minimum criteria of lot size and density requirements set forth within the Rural Residential District regulations. Both lots are currently undeveloped vacant lots. Utilities: Both lots meet minimum DANR standards to support their own well and on-site wastewater systems. Access: Tract M will access directly off of N Rainbow Rd, which is a section line road. North Rainbow Road is identified as an arterial street on the City’s Major Street Plan requiring a minimum right-of-way width of 80 feet. Prior to submittal of a Final Plat, the plat document must be revised to dedicate should dedicate a minimum of a 40-foot right-of-way (including 33-foot section line right-of-way) along the entirety of west property boundary bordering North Rainbow Road. A 30-foot private access easement will be created for Tract S, partially following an existing driveway. Prior to submittal of a Final Plat, the final plat must be revised to reference “Tract S” in Surveyor Note #4. Platting Process: Following approval of the Sketch Plat, the applicant may submit a Final Plat for review by the Planning Commission and City Council. Summary: The proposed plat generally complies with all applicable Zoning and Subdivision Regulations. Staff would recommend approval with the following stipulations: 1. Upon submittal of the final plat, the plat document title line shall be revised to list Tract S in the “W1/2NE1/4” of Section 9. 2. Upon submittal of the final plat, the plat document shall be revised to show the remainder acreage of the parent parcels and to more clearly show the plat location in the vicinity map shown on the plat. 3. Upon submittal of the final plat, the plat document shall be revised to reference Tract S in Surveyor Note #4. 4. Upon submittal of the final plat, the plat document shall be revised to show the dedication of a minimum of 40-feet of right-of way to North Rainbow Road to comply with the City’s Major Street Plan. STAFF CONTACT: Marlo Kapsa – Planning Director, 605-717-1122; marlo.kapsa@cityofspearfish.com Page 2 Spearfish Planning Commission Staff Report Meeting Date: February 21, 2023 at 3:00 p.m. ATTACHMENTS: Page 4 – Aerial Map Page 5 – Sketch Plat Page 3 Spearfish Planning Commission Staff Report Meeting Date: February 21, 2023 at 3:00 p.m. Aerial Map Page 4 Spearfish Planning Commission Staff Report Meeting Date: February 21, 2023 at 3:00 p.m. Sketch Plat Page 5 Spearfish Planning Commission Staff Report Meeting Date: February 21, 2023 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 Meeting Date and Time: February 21, 2023 at 3:00 p.m. Applicant: All Aspects Inc. Request: Approve a Sketch Plat for Lots 1A Revised & Lot 1A1 of Lot 1A Revised in Section 6, T6N, R2E Action: Approve with stipulations Location: West of Intersection of Hillsview Road and Ridge Road; Within 3- Mile Extraterritorial Jurisdiction Area Proposal Summary: The proposed plat will split a Lot 1A1 (2 acres) from the existing Lot 1A Revised, which is currently 21.147 acres in size. Page 1 Spearfish Planning Commission Staff Report Meeting Date: February 21, 2023 at 3:00 p.m. General Comments: The proposed sketch plat is a minor plat within the 3-Mile Extraterritorial Jurisdiction area with Lawrence County. This plat would split a 2 acre lot (Lot 1A1) from the existing Lot 1A Revised, which is currently 21.147 acres in size. There is currently a residence and well on the existing Lot 1A Revised. The proposed Lot 1A1 is currently undeveloped. Staff Review: Zoning: The property is currently zoned Park Forest District. Both proposed lot sizes meet the minimum density requirements set forth within the Park Forest District regulations. Utilities: There is an existing home and well on the existing Lot 1A Revised. The proposed Lot 1A1 would share this existing well and a water line easement is shown on the plat. The owner is in the process of drafting a well share agreement, which must be submitted before the recording of the final plat. Lot 1A1 will have its own on-site septic system in the future. Access: Access is provided off of Hillsview Road which is classified as an arterial on the City’s Major Street Plan requiring a minimum right-of-way width of 100 feet. Prior to submittal of a Final Plat, the plat document must be revised to dedicate a minimum 50-foot wide right-of-way. A 20- foot-wide access easement is provided for the benefit Lot 1A1. Prior to submittal of a Final Plat, a written easement document must be provided. Platting Process: Following approval of the Sketch Plat, the applicant may submit a Final Plat for review by the Planning Commission and City Council. Summary: The proposed plat generally complies with all applicable Zoning and Subdivision Regulations. Staff would recommend approval with the following stipulations: 1. Upon submittal of the Final Plat, the plat document title line shall be revised to include Pine Oak Subdivision, as is listed on the plat for the existing Lot 1A Revised. Additionally, the title shall list the subject lot names first, followed by the former lot names. 2. Upon submittal of the Final Plat, the plat document shall be revised to dedicate a minimum 50-foot right-of-way to Hillsview Road. 3. Upon submittal of the Final Plat, the plat document shall be revised to show a different lot name for Lot 1A Revised, since it has been revised previously. Additionally, the acreage of this revised lot shall be shown. 4. Upon Submittal of a Final Plat, a written access easement document must be provided. 5. Upon submittal of the Final Plat, the plat document shall be revised to include a vicinity map. 6. Upon submittal of the Final Plat, a well share agreement shall be submitted for recording. STAFF CONTACT: Marlo Kapsa – Planning Director, 605-717-1122; marlo.kapsa@cityofspearfish.com ATTACHMENTS: Page 3 – Aerial Map Page 4 – Sketch Plat Page 5 – Structural Survey Page 2 Spearfish Planning Commission Staff Report Meeting Date: February 21, 2023 at 3:00 p.m. Aerial Map Page 3 Spearfish Planning Commission Staff Report Meeting Date: February 21, 2023 at 3:00 p.m. Sketch Plat Page 4 Spearfish Planning Commission Staff Report Meeting Date: February 21, 2023 at 3:00 p.m. Structural Survey Page 5 Spearfish Planning Commission Staff Report Meeting Date: February 21, 2023 at 3:00 p.m.