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Planning Commission

Regular Meeting

Spearfish, SD · March 7, 2023

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Minutes

Spearfish Planning Commission Regular Session Minutes March 7, 2023 at 3:00 p.m. The Spearfish Planning Commission met in regular session on Tuesday, March 7, 2023 at 3:00 p.m. in the council chamber of city hall and via Zoom video conference. Vice Chair Meghan Byrum called the meeting to order at 3:00 p.m. Roll call was taken with the following members present: Vice Chair Meghan Byrum, Commissioner Rick Tysdal, Commissioner Toby Bordewyk, Commissioner Larry Vavruska, and Commissioner Bob Meyer. Also present: Planning Director Marlo Kapsa, Assistant Planning Director Jennifer Bergstrom, City Attorney Ashley McDonald, and City Administrator Steve McFarland. APPROVAL OF MINUTES: Vavruska moved, Tysdal seconded, and all voted to approve the minutes of the February 21, 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 a Final Plat for Tract S & Tract M of Section 9, T6N, R3E Location: Northeast of the intersection of N Rainbow Road and Turtle Lane; Within 3- Mile Extraterritorial Jurisdiction Area Applicant: Interstate Engineering Action: Approve Final Plat with Stipulations Kapsa presented the final plat, which is a minor plat within the 3-Mile Extraterritorial Jurisdiction area with Lawrence County. This property is currently unplatted and this plat will create two new lots. The proposed Tract M will be 2.25 acres in size, and the proposed Tract S will be 8.9 acres in size. Kapsa stated that this plat was approved as a sketch plat at the February 21st Planning Commission meeting, with stipulations. These stipulations had mostly been met, with the exception that the 40-foot right-of-way along North Rainbow Rd. (including the 33- foot section line right-of-way) should extend along the entirety of the western property boundary. Tysdal moved, Vavruska seconded, and all voted to approve the final plat with the stipulations listed in the staff report. 2. Request: Approve a Final Plat for Lot 1A1 and Lot 1A2 of Pine Oak Subdivision in Section 6, T6N, R2E Location: West of intersection of Hillsview Road and Ridge Road; Within 3-Mile Extraterritorial Jurisdiction Area Applicant: All Aspects Inc. Action: Approve Final Plat Kapsa presented the final plat, which is a minor plat in the 3-Mile Extraterritorial Jurisdiction area with Lawrence County. This plat will split the existing Lot 1A Revised into two lots: Lot 1A1, which will be 2 acres in size, and Lot 1A2, which will be 19.147 acres in size. Kapsa stated that this plat was approved as a sketch plat at the February 21 st Planning Commission meeting, with stipulations. All stipulations were met, including the dedication of a 50-foot right-of-way along Hillsview Road. She noted that they will be recording a well share agreement along with the final plat. Meyer moved, Bordewyk seconded, and all voted to approve the final plat. Spearfish Planning Commission March 7, 2023 Regular Session Minutes Page 2 5. Items for Discussion: Corridor Studies – Project Updates: Kapsa provided an update on the progress of the corridor studies that are in process. She stated that a Study Advisory Team meeting was held the week prior for the Spearfish Rest Area/Welcome Center Corridor Study and that there will be a public input session for this study on April 5th at 5:30 at Spearfish City Hall. She said that the following week there will be a Study Advisory Team meeting for the Colorado Boulevard Corridor Study, as well as a discussion with staff on future traffic volumes for the Highway 85 Corridor Study. 6. City Council Update – Kapsa stated that at the March 6th City Council meeting, the City Council approved a resolution that adopted a discretionary formula for reduced taxation for affordable housing structures. She stated that City Council also held a public hearing and approved the second reading of Ordinance 1377, amending regulations for the administrative approval of plats. She also noted that a sewer service agreement and an encroachment agreement were approved. 7. Public Comment – No comments were provided. 8. Adjournment - Byrum adjourned the meeting at 3:17 PM.

Agenda

Spearfish Planning Commission Agenda March 7, 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 21, 2023 D. Declaration of Conflicts of Interest E. Items for Action 1. Request: Approve a Final 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 Final Plat with Stipulations 2. Request: Approve a Final Plat for Lots 1A1 and 1A2 of Pine Oak Subdivision in Section 6, T6N, R2E Location: West of Intersection of Hillsview Road and Ridge Road Applicant: All Aspects Inc. Action: Approve Final Plat F. Items for Discussion 1. Corridor Studies - Project Updates 2. Comprehensive Plan Update 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 21, 2023 at 3:00 p.m. The Spearfish Planning Commission met in regular session on Tuesday, February 21, 2023 at 3:00 p.m. in the council chamber of city hall and via Zoom video conference. Chair Kruskamp called the meeting to order at 3:00 p.m. Roll call was taken with the following members present: Chair Greg Kruskamp, Vice Chair Meghan Byrum, Commissioner Toby Bordewyk, and Commissioner Bob Meyer. Also present: Planning Director Marlo Kapsa, Assistant Planning Director Jennifer Bergstrom, City Attorney Ashley McDonald, and City Administrator Steve McFarland. APPROVAL OF MINUTES: Meyer moved, Byrum seconded, and all voted to approve the minutes of the February 7, 2023 Planning Commission meeting. DECLARATIONS OF CONFLICTS OF INTEREST: Kruskamp called for any potential conflicts of interest to be identified. No conflicts were expressed. 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 Kapsa presented the final plat and explained that this is a minor plat within the 3-Mile Extraterritorial Jurisdiction area with Lawrence County. The sketch plat was approved at the February 7, 2023 Planning Commission meeting. She stated that this plat will combine a portion of Tract A with Lot 10 to create Lot 10A, which will be 4.557 acres in size, and the remainder of Tract A will become Lot 13, which will be 21.995 acres in size. She stated that there is an existing home and well on the proposed Lot 10A, and both lots are large enough to support their own well and on-site septic system. Access to both lots is provided from Higgins Gulch Rd., and the right-of-way has already been dedicated along the frontage of both lots. Kapsa stated that a portion of the proposed Lot 10A is within the 100-year floodplain area, which is now shown on the plat. Meyer moved, Byrum seconded, and all voted to approve the final plat with the stipulations listed in the staff report. 2. Request: Hold a Public Hearing to Approve a Final Plat for Lots 2R-2A & 2R-2B of Block 17 of Sandstone Hills Addition Location: Northeast of the intersection of Hamster Hill Place and Paramount Drive; Within City Limits Applicant: Renner Associates, LLC Action: Approve with Stipulations Kruskamp opened the public hearing and Kapsa presented the final plat and explained it is a minor plat within the city limits of the City of Spearfish. This plat will split the existing Lot 2R-2 into two lots: Lot 2R-2A, which will be 2.217 acres, and Lot 2R-2B, which will be 1.328 acres. She explained that future plans for the subject property include two apartment buildings, with one building to be constructed on each lot. She stated that will be a shared approach from 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. Therefore, an additional 8 feet of right-of-way must be dedicated as part of this plat. Also, a shared ownership and maintenance agreement will be required to be recorded immediately after recording of the final plat. Jason Buxton, an owner representative of the property, was present and discussed some details of the project. Spearfish Planning Commission February 21, 2023 Regular Session Minutes Page 2 Meyer moved, Byrum seconded, and all voted to approve the final plat with the stipulations listed in the staff report. 3. Request: Approve a Sketch Plat for Tract S & Tract M of Section 9, T6N, R3E Location: Northeast of the intersection of N Rainbow Road and Turtle Lane; Within 3- Mile Extraterritorial Jurisdiction Area Applicant: Interstate Engineering Action: Approve with Stipulations Kapsa presented the sketch plat and explained that this is a minor plat within the 3-Mile Extraterritorial Jurisdiction area with Lawrence County. This property is currently unplatted and this plat will create two new lots. The proposed Tract M will be 2.25 acres, which will leave a 117.5 unplatted remainder. The proposed Tract S will be 8.9 acres, leaving a 71.1 acre unplatted remainder. Kapsa stated that both lots are large enough to support their own well and on-site septic system. She said that Tract M will access directly off of N. Rainbow Road, and Tract S will be accessed by a 30-foot private access easement, partially following an existing driveway. N. Rainbow Rd. is identified as an arterial street on the City’s Major Street Plan, requiring a minimum 80-foot right-of-way. Therefore, the dedication of a minimum 40-foot right of way (including the 33-foot section line right-of-way) will need to be shown on the final plat. Bordewyk moved, Byrum seconded, and all voted to approve the sketch plat with the stipulations listed in the staff report. 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; Within 3-Mile Extraterritorial Jurisdiction Area Applicant: All Aspects Inc. Action: Approve with Stipulations Matt Stevens with All Aspects Inc. presented the sketch plat, which is a minor plat in the 3-Mile Extraterritorial Jurisdiction area with Lawrence County. He explained that this plat will split a 2- acre lot (Lot 1A1 of Lot 1A Revised) from the existing Lot 1A Revised, which is currently 21.147 acres in size. He said that the two lots will have a shared access and well, both located on Lot 1A Revised, and a well share agreement is being drafted. Kapsa stated that 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. A 50-foot right-of-way will be required to be dedicated on this plat. Byrum moved, Bordewyk seconded, and all voted to approve the sketch plat with the stipulations listed in the staff report. 5. Items for Discussion: Vice Chair Byrum to Serve on Study Advisory Team for Spearfish Rest Area: Kapsa informed the Planning Commission that Byrum will be serving as a member of the Study Advisory Team for the Spearfish Rest Area. Corridor Studies – Project Updates: Kapsa provided an update on the progress of the corridor studies that are in process. She stated that Bordewyk will be serving on the Study Advisory Team Spearfish Planning Commission February 21, 2023 Regular Session Minutes Page 3 for the Highway 85 Corridor Study and Byrum will be serving as a member of the Study Advisory Team for the Spearfish Rest Area. Data received at the public stakeholder meeting for the Colorado Boulevard Corridor Study, held on February 2, 2023, is being analyzed. 6. City Council Update – Kapsa noted that since the City Council approved the reallocation of funds for the strategic plan update towards a comprehensive plan update, she is working on the RFP for this project. Items on the February 21st City Council meeting include the first reading of Ordinance 1377, amending regulations for the administrative approval of plats, as well as the dedication and acceptance of public improvements for the Elkhorn Ridge Phase 5 plat. 7. Public Comment – No comments were provided. 8. Adjournment - Kruskamp adjourned the meeting at 3:37 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: March 7, 2023 at 3:00 p.m. Applicant: Interstate Engineering Request: Approve a Final Plat for Tract S & Tract M of Section 9, T6N, R3E Action: Approve Final Plat 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). The plat would also dedicate 40 feet of public right- of-way, including the existing 33 feet of section line right-of-way, along North Rainbow Road, Page 1 Spearfish Planning Commission Staff Report Meeting Date: March 7, 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 would be 2.25 acres, which would leave a 77.39 unplatted remainder. Tract S would be 8.9 acres, leaving a 70.62 acre unplatted remainder. 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 North 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. This final plat would dedicate 40 feet of dedicated public right-of-way (including 33-foot section line right-of-way) along the entirety of the west property boundary bordering North Rainbow Road. A 30-foot private access easement would be created per this plat for Tract S, partially following an existing driveway. A written access easement document must be recorded with this final plat. Platting Process: Following Planning Commission approval of the final plat, a public hearing will be held by City Council for approval of the final plat. 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 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; 2. Prior to recording the final plat, the closure calculations for lots, right-of-ways, survey ties, etc. shall be provided; 3. Prior to recording the final plat, the plat document shall be revised to state the correct Director name in the Equalization certification; 4. Prior to recording the final plat, the plat document shall be revised to list the entity’s representative’s name and title in the Certificate of Ownership. Also, the statement of dedication of utility easements should be updated to access easements instead; 5. Prior to recording the final plat, the plat document shall be revised to show the road names of North Rainbow Road and Bridger Canyon Road; 6. Prior to recording the final plat, the plat document shall be revised to list an Area Summary listing the total platted area, total dedicated right-of-way area, and total remaining acreage; 7. Prior to recording the final plat, the plat document shall be revised to update the vicinity map to be shaded in black and white only, with the subject properties bolded; and, 8. Prior to recording the final plat, a written access easement document will be provided to be recorded with the final plat. Page 2 Spearfish Planning Commission Staff Report Meeting Date: March 7, 2023 at 3:00 p.m. STAFF CONTACT: Marlo Kapsa – Planning Director, 605-717-1122; marlo.kapsa@cityofspearfish.com ATTACHMENTS: Page 4 – Aerial Map Page 5 – Final Plat Page 3 Spearfish Planning Commission Staff Report Meeting Date: March 7, 2023 at 3:00 p.m. Aerial Map Page 4 Spearfish Planning Commission Staff Report Meeting Date: March 7, 2023 at 3:00 p.m. Final Plat Page 5 Spearfish Planning Commission Staff Report Meeting Date: March 7, 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: March 7, 2023 at 3:00 p.m. Applicant: All Aspects Inc. Request: Approve a Final Plat for Lots 1A1 and Lot 1A2 of Pine Oak Subdivision in Section 6, T6N, R2E Action: Approve Final Plat Location: West of Intersection of Hillsview Road and Ridge Road; Within 3- Mile Extraterritorial Jurisdiction Area Proposal Summary: The proposed plat will split the existing Lot 1A Revised into 2 lots: Lot 1A1, which will be 2 acres in size, and Lot 1A2, which will be 19.147 in size. It will also dedicate 50’ of public right-of-way along Hillsview Rd. Page 1 Spearfish Planning Commission Staff Report Meeting Date: March 7, 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 split the existing Lot 1A Revised into 2 lots: Lot 1A1, which will be 2 acres in size, and Lot 1A2, which will be 19.147 in size. It will also dedicate 50’ of public right-of-way along Hillsview Rd. There is currently a residence and well on the proposed Lot 1A2. The proposed Lot 1A1 is currently undeveloped. A sketch plat was approved by Planning Commission on 2/21/23. 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 proposed Lot 1A2. The proposed Lot 1A1 would share this existing well and a water line easement is shown on the plat. A well share agreement will be recorded with 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. The final plat dedicates a minimum 50-foot wide right-of-way along this road. A 20-foot-wide access easement is provided for the benefit Lot 1A1. A written easement document will be recorded with the final plat. Platting Process: Following Planning Commission approval of the final plat, a public hearing will be held by City Council for approval of the final plat. Summary: The proposed plat generally complies with all applicable Zoning and Subdivision Regulations. Staff would recommend approval of the final plat. 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: March 7, 2023 at 3:00 p.m. Aerial Map Page 3 Spearfish Planning Commission Staff Report Meeting Date: March 7, 2023 at 3:00 p.m. Final Plat Page 4 Spearfish Planning Commission Staff Report Meeting Date: March 7, 2023 at 3:00 p.m. Structural Survey Page 5 Spearfish Planning Commission Staff Report Meeting Date: March 7, 2023 at 3:00 p.m.

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