Planning Commission

Spearfish Planning Commission Agenda March 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 March 7, 2023 D. Declaration of Conflicts of Interest E. Items for Action 1. Request: Approve a Sketch Plat for Lots A & B of The Oak Hills Subdivision of Sections 21 & 16, T6N, R2E Location: Southwest of Thoen Stone Road; Within 3-Mile Extraterritorial Jurisdiction Area Applicant: All Aspects Inc. Action: Approve Sketch Plat with Stipulations F. Items for Discussion 1. 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 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.  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 21, 2023 at 3:00 p.m. Applicant: All Aspects Inc. Request: Approve a Sketch Plat for Lots A & B of The Oak Hills Subdivision of Sections 21 & 16, T6N, R2E Action: Approve with Stipulations Location: Southwest of Thoen Stone Road; Within 3-Mile Extraterritorial Jurisdiction Area Proposal Summary: The subject property is currently unplatted. The proposed plat would create Lot A (4.66 acres in size) and Lot B (137.85 acres in size). Page 1 Spearfish Planning Commission Staff Report Meeting Date: March 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. The subject property is currently developed with two single-family homes, a grain bin, and two barns. The purpose of the plat is to allow the two existing homes on the property to reside on individual lots so they can be conveyed to separate trustees in accordance with the Trust document. Staff would recommend approval of the sketch plat with the stipulations noted at the end of the staff report. Staff Review: Zoning: The property is currently zoned Park Forest District (Lawrence County). Both proposed lot sizes meet the minimum density requirements set forth within the Park Forest District regulations. As stated previously, there are two existing residences and additional accessory structures on each lot. Lawrence County Planning and Zoning is not requiring a variance for the non-conforming setbacks of the existing home, grain bin, and barns, however, these structures will not be able to be replaced in their existing footprint. If reconstructed, the structures must meet all current zoning standards. Utilities: Lot B is served by an existing well, and both residences have their own on-site wastewater systems. To ensure that both residences retain access to the existing well it is advised that a well share agreement be executed as part of this plat, however this is not required, as both lots meet minimum DANR standards to support their own individual well and on-site wastewater systems. A water line easement must be included on the plat across Lot B to ensure Lot A can maintain their existing water line. Both existing onsite wastewater system components meet the minimum DANR setback requirements to the new lot lines. Access: Both proposed lots will continue to use Thoen Stone Road for access. The proposed plat includes an existing 40-foot-wide access easement and a 20-foot access easement to be created per this plat extending across Lot B to serve Lot A. A written easement document for the 20-foot access easement must be submitted for recording with the Final Plat. Prior to Final Plat submittal, the plat document must be revised to include a minimum 66-foot- wide public right-of-way dedication along Thoen Stone road. A 4-inch deep gravel surface at a minimum of 24-foot width must be constructed prior to approval of the Final Plat. A homeowner’s association or road district for the purpose of road maintenance and reconstruction must be established prior to final plat approval. Floodplain: There is 100-year floodplain area on a small portion of Lot B. Prior to submittal of the Final Plat, the plat document must be revised to show the floodplain area. Summary: The proposed plat generally complies with all applicable Zoning and Subdivision Regulations. As such, staff would recommend approval of the proposed plat with the following stipulations: 1. Prior to Final Plat submittal, the plat document shall be revised to include a minimum 66- foot-wide public right-of-way dedication along Thoen Stone road. 2. Prior to submittal of a Final Plat, Surveyor’s Note number four shall be revised to reference the correct width for the shared access easement. 3. Prior to submittal of a Final Plat, the legal description shall be updated to list “AND THE” before the portions described in Section 16. Page 2 Spearfish Planning Commission Staff Report Meeting Date: March 21, 2023 at 3:00 p.m.  4. Prior to submittal of a Final Plat, Surveyor’s Note number three shall be revised to reflect that there is Zone A Floodplain present on the property and the floodplain area shall be shown on the plat. 5. Prior to submittal of a Final Plat, a written easement document shall be submitted for recording with the Final Plat document for the 20-foot-wide access easement. 6. Prior to submittal of a Final Plat, the plat document shall be revised to include a water line easement across Lot B to ensure Lot A can maintain their existing water line. A written waterline easement document must be submitted for recording with the Final Plat document. 7. Prior to approval of a Final Plat, a 4-inch-deep gravel surface at a minimum of 24-foot width shall be constructed along Thoen Stone Road. 8. Prior to approval of a Final Plat, a homeowner’s association or road district for the purpose of road maintenance and reconstruction shall be established. 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 3 Spearfish Planning Commission Staff Report Meeting Date: March 21, 2023 at 3:00 p.m. Aerial Map Page 4 Spearfish Planning Commission Staff Report Meeting Date: March 21, 2023 at 3:00 p.m. Sketch Plat Page 5 Spearfish Planning Commission Staff Report Meeting Date: March 21, 2023 at 3:00 p.m. Structural Survey Page 6 Spearfish Planning Commission Staff Report Meeting Date: March 21, 2023 at 3:00 p.m.