Planning Commission

Spearfish Planning Commission Agenda April 18, 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 April 4, 2023 D. Declaration of Conflicts of Interest E. Items for Action 1. Request: Approve a Final Plat for Tracts JL-1 and JL-2 in Section 36, T6N, R3E Location: Southeast of Intersection of SD Hwy 85 and Crook City Road Applicant: Interstate Engineering Action: Approve Final Plat 2. Request: Approve a Sketch Plat for Lots 1R, 2A, and 2B of Gengler Subdivision in Section 7, T6N, R2E Location: Southwest of Intersection of Higgins Gulch Road and Hillsview Road Applicant: Professional Mapping and Surveying, LLC Action: Approve Sketch Plat with Stipulations 3. Request: Recommend Comprehensive Plan Proposal for City Council Approval Location: City of Spearfish Applicant: N/A Action: Recommend Selection Committee’s Highest Scoring Proposal F. Items for Discussion 1. Corridor Studies - Project Updates a. Spearfish Rest Area/Welcome Center Corridor Study Public Meeting 2. Three-Mile Extraterritorial Jurisdiction Ordinance Updates 3. Elevate Rapid City – Virtual Small Scale Development Lecture April 20, 2023 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 April 4, 2023 at 3:00 p.m. The Spearfish Planning Commission met in regular session on Tuesday, April 4, 2023 at 3:00 p.m. in the council chamber of city hall and via Zoom video conference. Chair Greg 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 Rick Tysdal, Commissioner Toby Bordewyk, and Commissioner Bob Meyer. Also present: Planning Director Marlo Kapsa, Assistant Planning Director Jennifer Bergstrom, Mayor John Senden, City Attorney Ashley McDonald, and City Administrator Steve McFarland. APPROVAL OF MINUTES: Kruskamp moved, Bordewyk seconded, and all voted to approve the minutes of the March 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 Sketch Plat for Tracts JL-1 and JL-2 of Section 36, T6N, R3E Location: Southeast of the intersection of SD Hwy 85 and Crook City Road; Within 3-Mile Extraterritorial Jurisdiction Area Applicant: Interstate Engineering Action: Approve Sketch Plat with Stipulations Kapsa presented the sketch 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 JL-1 will be 24.9 acres in size, and the proposed Tract JL-2 will be 54.42 acres in size. Kapsa explained that this plat is a result of a judgement on an adverse possession case in which a survey was ordered by the court. She stated that the Lawrence County Planning & Zoning Department has agreed to allow Tract JL-1 to be under the 40-acre minimum size requirement of the A-1 (General Agriculture) zoning district, since the adjacent property is under the same family ownership. Kapsa stated that Tract JL-2 has legal access but Tract JL-1 does not, and that legal access to Tract JL-1 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. 2. Items for Discussion: Corridor Studies – Project Updates: Kapsa stated that the public hearing set for April 5th for the Spearfish Rest Area/Welcome Center Corridor Study was rescheduled due to weather to April 27th at 5:30 at Spearfish City Hall. Comprehensive Plan Proposals: Kapsa gave an update on the Comprehensive Plan. She said the City has received five proposals, which have been forwarded to the selection committee for review. Comments are due back on April 14th and these will be brought to the Planning Commission at the April 18th meeting for recommendation to City Council. 3. City Council Update – Kapsa stated that at the April 3rd City Council meeting, the City Council approved a resolution of intent to enter into a pasture lease agreement at the McLaughlin Sawmill property. Also, the Spearfish Planning Commission April 4, 2023 Regular Session Minutes Page 2 Council approved the concept design and location at Spartan Park for the new proposed skate park. McFarland stated that the City approved the Playground Renovation contract for the Rocket Ship Playground at Evans Park. 4. Public Comment – No comments were provided. 5. Adjournment - Kruskamp adjourned the meeting at 3:15 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: April 18, 2023 at 3:00 p.m. Applicant: Interstate Engineering Request: Approve a Final Plat for Tracts JL-1 and JL-2 in Section 36, T6N, R3E Action: Approve Final Plat Location: Southeast of Intersection of SD Hwy 85 and Crook City Road; Within 3-Mile Extraterritorial Jurisdiction Area Proposal Summary: The subject property is currently unplatted. The proposed plat would create Tract JL-1 (24.90 acres in size) and Tract JL-2 (54.42 acres in size). Page 1 Spearfish Planning Commission Staff Report Meeting Date: April 18, 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. The subject property is currently undeveloped. This plat is a result of a judgement on an adverse possession case in which a survey was ordered by the court. The sketch plat was approved by the Planning Commission at the April 4, 2023, meeting with stipulations, which have all been met. Staff would recommend approval of the final plat. Staff Review: Zoning: The property is currently zoned A-1 – General Agriculture District (Lawrence County). The proposed Tract JL-1 is smaller than the 40-acre minimum required in the General Agricultural District regulations, however, Lawrence County Planning and Zoning has agreed to allow Tract JL-1 to be under this required size since the adjacent property is under the same family ownership. Utilities: Both lots meet minimum DANR standards to support their own individual well and on- site wastewater systems. Access: Tract JL-2 is accessible by section line right-of-way, but Tract JL-1 does not have section line access, however, access is provided to the NE1/4 SW1/4 of Section 36, T6N, R3E along the existing road through the property to the northeast as outlined in Document No. 96-3811 and recorded with the Register of Deeds. A note has been added to the plat to reference this agreement. Platting Process: Following Planning Commission approval of the Final Plat, the plat will go before the City Council for a public hearing and final approval. Summary: The proposed plat generally complies with all applicable Zoning and Subdivision Regulations. As such, staff would recommend approval of the proposed plat. STAFF CONTACT: Marlo Kapsa – Planning Director, 605-717-1122; marlo.kapsa@cityofspearfish.com ATTACHMENTS: Page 3 – Aerial Map Page 4 – Final Plat Page 2 Spearfish Planning Commission Staff Report Meeting Date: April 18, 2023 at 3:00 p.m. Aerial Map Page 3 Spearfish Planning Commission Staff Report Meeting Date: April 18, 2023 at 3:00 p.m. Final Plat Page 4 Spearfish Planning Commission Staff Report Meeting Date: April 18, 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: April 18, 2023 at 3:00 p.m. Applicant: Professional Mapping and Surveying, LLC Request: Approve a Sketch Plat for Lots 1R, 2A, and 2B of Gengler Subdivision in Section 7, T6N, R2E Action: Approve with Stipulations Location: Southwest of Intersection of Higgins Gulch Road and Hillsview Road; Within 3-Mile Extraterritorial Jurisdiction Area City Limits Proposal Summary: The proposed plat would subdivide existing Lots 1 and 2 of Gengler Subdivision into three lots: Lot 1R (2.003 acres), Lot 2A (3.05 acres), and Lot 2B (12.58 acres). Page 1 Spearfish Planning Commission Staff Report Meeting Date: April 18, 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. There are existing residences on the proposed Lot 1R and Lot 2B. The proposed Lot 2A is undeveloped. Staff would recommend approval of the sketch plat with the stipulations noted at the end of the report. Staff Review: Zoning: The property is currently zoned Park Forest District (Lawrence County). The proposed lot sizes meet all minimum zoning requirements. Utilities: The proposed Lot 1R and Lot 2B each have their own well and on-site wastewater system to serve the existing residences. The proposed Lot 2A meets the minimum South Dakota Department of Agriculture and Natural Resources (DANR) standards to support its own individual well and on-site wastewater system. A portion of the drainfield of the on-site wastewater system for the proposed Lot 1R is located on the proposed Lot 2B. DANR regulations require a 10-foot separation between the system and property lines. The DANR has advised that it would be preferable to rectify this situation by moving this lot line to bring it into compliance, however if this cannot be done, a utility easement would be required at the very least. Access: The proposed Lots 1R & 2B have existing approaches off of Higgins Gulch Road. A 40- foot private access and utility easement would be created per this plat to provide access to the proposed Lot 2A. A 66-foot dedicated public right-of-way exists along Higgins Gulch Rd. This road is classified as a Collector Road in the City’s Major Street Plan, and this 33-foot right-of-way area must be platted out of the proposed Lots 1R & 2B. 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. 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 show 33 feet of public right-of-way along Higgins Gulch Road platted out of the proposed Lots 1R & 2B. 2. Prior to Final Plat submittal, the plat document shall be revised to include all required wording in the certificate statements. 3. Prior to recording the Final Plat, a written access and utility easement document will be provided to be recorded with the final plat. 4. Prior to submittal of a Final Plat, the plat document shall be revised to meet at least a 10- foot distance from property lines to the on-site wastewater system on the proposed Lot 1R. STAFF CONTACT: Marlo Kapsa – Planning Director, 605-717-1122; marlo.kapsa@cityofspearfish.com Page 2 Spearfish Planning Commission Staff Report Meeting Date: April 18, 2023 at 3:00 p.m. ATTACHMENTS: Page 4 – Aerial Map Page 5 – Sketch Plat Page 6 – Structural Survey Page 3 Spearfish Planning Commission Staff Report Meeting Date: April 18, 2023 at 3:00 p.m. Aerial Map Page 4 Spearfish Planning Commission Staff Report Meeting Date: April 18, 2023 at 3:00 p.m. Sketch Plat Page 5 Spearfish Planning Commission Staff Report Meeting Date: April 18, 2023 at 3:00 p.m. Structural Survey Page 6 Spearfish Planning Commission Staff Report Meeting Date: April 18, 2023 at 3:00 p.m.