Planning Commission

Spearfish Planning Commission Agenda May 2, 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 18, 2023 D. Declaration of Conflicts of Interest E. Items for Action 1. Request: Approve a Final 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 Final Plat with Stipulations 2. Request: Approve an amendment to the Revised Ordinances of the City of Spearfish, Appendix A Zoning, Article V. Supplementary Regulations, Section 3. Minimum Off-Street Parking Requirements Location: City of Spearfish Applicant: City of Spearfish Action Set a public hearing for May 16, 2023 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 April 18, 2023 at 3:00 p.m. The Spearfish Planning Commission met in regular session on Tuesday, April 18, 2023 at 3:00 p.m. in the council chamber of city hall and via Zoom video conference. Acting Chair Toby Bordewyk called the meeting to order at 3:00 p.m. Roll call was taken with the following members present: Acting Chair Toby Bordewyk, Commissioner Rick Tysdal, 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: Tysdal moved, Vavruska seconded, and all voted to approve the minutes of the April 4, 2023 Planning Commission meeting. DECLARATIONS OF CONFLICTS OF INTEREST: Bordewyk called for any potential conflicts of interest to be identified. No conflicts were expressed. 1. Request: Approve a Final 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 Final Plat 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 JL-1 will be 24.9 acres in size, and the proposed Tract JL-2 will be 54.42 acres in size. 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 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 all stipulations of the sketch plat approval have been met and that a surveyor’s note was added to the plat referencing a document providing access to the property on which the proposed Tract JL-1 will be located. Tysdal moved, Vavruska seconded, and all voted to approve the 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 the intersection of Higgins Gulch Road and Hillsview Road; Within 3-Mile Extraterritorial Jurisdiction Area Applicant: Professional Mapping and Surveying, LLC 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 plat would subdivide existing Lots 1 and 2 of Gengler Subdivision into 3 lots: Lot 1R (2.003 acres), Lot 2A (3.05 acres), and Lot 2B (12.58 acres). These proposed lots are within Lawrence County’s Park Forest zoning district, and the proposed lot sizes meet all associated minimum zoning requirements. Kapsa explained that there are existing residences on the proposed Lots 1R and 2B, each with its own individual well and on-site wastewater system. 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. She pointed out that a portion of the drainfield of the on-site wastewater system for the proposed Lot 1R is located on the proposed Lot 2B, and Spearfish Planning Commission April 18, 2023 Regular Session Minutes Page 2 that DANR regulations require a 10-foot separation between the system and property lines. Kapsa stated that 33 feet of dedicated public right of way along Higgins Gulch Road should be platted out of the proposed Lots 1R & 2B, in line with the City’s Major Street Plan. Vavruska moved, Tysdal seconded, and all voted to approve the sketch plat with the stipulations listed in the staff report. Request: Recommend Comprehensive Plan Proposal for City Council Approval Location: City of Spearfish Applicant: N/A Action: Recommend Selection Committee’s Highest Scoring Proposal Kapsa explained that the Request for Proposals to the update to the City’s Comprehensive Plan closed on April 3, 2023, and the City received 5 proposals. These proposals were reviewed by a selection committee, who used a scoring matrix to review the proposals based on key criteria. They were also sent to the Planning Commission members for review. She stated the proposal submitted by SE Group, out of Frisco, Colorado, received the highest score from the selection committee. Vavruska moved, Meyer seconded, and all voted to recommend the selection of SE Group’s comprehensive plan proposal to City Council. 2. Items for Discussion: Corridor Studies – Project Updates: Kapsa stated that the public hearing for the Spearfish Rest Area/Welcome Center Corridor Study will be held on April 27th at 5:30 pm at Spearfish City Hall. Three-Mile Extraterritorial Jurisdiction Ordinance Updates: Kapsa presented the background of the existing Three-Mile Extraterritorial Jurisdiction Ordinance #571 and explained the importance of updating this ordinance to better reflect today’s development and growth needs. Staff will present proposed policies to the Lawrence County Commission for input and then will draft an ordinance based on City Council and County Commission comments. This draft ordinance will then be reviewed by the County before it is presented to the City Council for approval. Elevate Rapid City – Virtual Small Scale Development Lecture April 20, 2023 Kapsa stated that Elevate Rapid City is hosting a virtual lecture on Small Scale Development on April 20, 2023 from 3:30-5:30 p.m. 3. City Council Update – Kapsa stated that at the City Council meeting held on April 17, 2023, the City Council authorized additional funding for a new water supply well and water storage tank to be constructed near I-90 Exit 17 to serve the East-Low Zone. 4. Public Comment – No comments were provided. 5. Adjournment - Bordewyk adjourned the meeting at 3:54 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: May 2nd, 2023 at 3:00 p.m. Applicant: Professional Mapping and Surveying, LLC Request: Approve a Final 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: May 3, 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. There are existing residences on the proposed Lot 1R and Lot 2B. The proposed Lot 2A is undeveloped. The sketch plat was approved by the Planning Commission on April 18, 2023, with stipulations. Staff would recommend approval of the final 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 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 with the following stipulations: 1. Prior to recording the Final Plat, 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 recording the Final Plat, 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 recording the 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. 5. Prior to recording the Final Plat, the plat document shall be revised to reference the correct plats that previously dedicated the public right-of-way for Higgins Gulch Road. Page 2 Spearfish Planning Commission Staff Report Meeting Date: May 3, 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 6 – Structural Survey Page 3 Spearfish Planning Commission Staff Report Meeting Date: May 3, 2023 at 3:00 p.m. Aerial Map Page 4 Spearfish Planning Commission Staff Report Meeting Date: May 3, 2023 at 3:00 p.m. Final Plat Page 5 Spearfish Planning Commission Staff Report Meeting Date: May 3, 2023 at 3:00 p.m. Structural Survey Page 6 Spearfish Planning Commission Staff Report Meeting Date: May 3, 2023 at 3:00 p.m.  Spearfish Planning Commission Staff Report Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish SD 57783 and by Zoom Online Meeting Meeting Date and Time: May 2, 2023 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 V. Supplementary Regulations, Section 3. Minimum Off-Street Parking Requirements Action: Set a public hearing for May 16, 2023 Location: City of Spearfish Proposal Summary: This will clarify how to calculate the parking requirements for hospital uses within the City and uses not specified within the zoning code. 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 for hospital uses and for other uses not expressly identified within the zoning code. Currently, there is no standard within the zoning code that addresses hospital parking requirements. Additionally, it is not feasible for a zoning code to cover every possible use within a city. It is important that language be included within the zoning code to account for these situations, so ordinance revision is not required for each instance of unspecified use. 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: Marlo Kapsa, Planning Director, 605-717-1122; marlo.kapsa@cityofspearfish.com Page 1 Spearfish Planning Commission Staff Report Meeting Date: 5-2-2023 at 3:00 p.m.  ORDINANCE NO. [X] AN ORDINANCE AMENDING THE MINIMUM OFF-STREET PARKING REQUIREMENTS REGULATIONS BE IT ORDAINED by the Common Council of the City of Spearfish that Appendix A. Zoning, Article V. Development Requirements, , Section 3. Minimum Off-Street Parking Requirements 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 3. Minimum off-street parking requirements [...] 3. Minimum amounts of off-street parking facilities required. The following minimum amounts of off- street parking facilities shall be provided. The classification of uses shall be deemed to include and apply to all uses and if the classification is not readily determinable it shall be fixed by the zoning administrator determined by the Planning Director. Such determination shall be based upon the current International Code Council requirement. a. Dwellings, one-family and twofamily. Two (2) spaces per dwelling unit. b. Dwellings, multi-family. (1) Studio, one (1) bedroom, two (2) bedroom: 1.5 spaces per dwelling unit. (2) Three (3) bedroom: Two (2) spaces per dwelling unit. (3) Four (4) bedroom: Three (3) spaces per dwelling unit. (4) If garage parking is included in the minimum required parking, each garage parking stall counts as one-half (½) a parking space toward the total parking required. c. Hotels, motels, rooming houses, bed and breakfast establishments. One (1) space per guest room. d. Manufactured home parks. Two (2) spaces per manufactured home. e. Nursing, long-term care facilities. One (1) space per four (4) beds. f. Theaters, auditoriums, gymnasiums. One (1) space per three (3) seats. Convention facilities: One (1) space per fifteen (15) square feet of assembly area. Multiple-screen theater: One (1) space per five (5) seats. g. Churches. One (1) space per four (4) seats. h. Funeral homes. One (1) space per four (4) seats. i. Schools, elementary. Two (2) spaces per classroom. j. Schools, secondary. Ten (10) spaces per classroom. k. Restaurants, on-sale liquor establishments. One (1) space per one hundred (100) square feet of gross floor area. l. Private and public utility substations, commercial storage units. No parking requirements except that all areas of ingress/ egress and loading/unloading/ storage shall be hard surfaced. m. Health clinics. Single practitioner clinics one (1) space per three hundred (300) square feet of gross floor area; multiple practitioner clinics one (1) space per two hundred (200) square feet of gross floor area. n. Industrial and manufacturing establishments. One (1) space per four hundred (400) square feet of gross floor area. o. Warehouses shall provide one (1) parking space per one thousand (1,000) square feet of gross floor area plus one (1) parking space per employee. Page 2 Spearfish Planning Commission Staff Report Meeting Date: 5-2-2023 at 3:00 p.m.  p. Group care homes/assisted living and congregate care facilities. One (1) space for each three (3) residents, one (1) handicapped space, and one (1) space for each employee on the most fully staffed shift. q. Office buildings for general business, commercial and personal service establishments. One (1) space per two hundred (200) square feet of gross floor area. r. Buildings for retail trade. One (1) space per three hundred (300) square feet of gross retail space. s. Drive-up windows. Driveways for drive-up service windows shall be of sufficient length to accommodate the stacking of three vehicles. t. Sports and recreation facilities. (1) Golf course. Six (6) spaces per hole. (2) Baseball/softball/soccer. Thirty-six (36) spaces per field. (3) Tennis court. Four (4) spaces per court. (4) Swimming pool/water park. As per a parking plan approved by the city council. (5) Bowling alley. Four (4) spaces per lane. u. Fire/ambulance facilities. Fire, four (4) spaces per bay; ambulance, three (3) spaces per bay. v. New and used vehicle and equipment sales. All areas used for storage and display shall be paved. w. Manufactured home sales. Based on standard requirements for permanent structures and sales offices. x. Airports. As regulated in the APZ, airport zoning district. y. Hospitals. Two (2) spaces per bed. [...] *** 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 _____________________, 2023. CITY OF SPEARFISH By: (Seal) John Senden, Its Mayor Attest: Michelle DeNeui, Finance Officer Page 3 Spearfish Planning Commission Staff Report Meeting Date: 5-2-2023 at 3:00 p.m. First Reading: Second Reading: Public Hearing: Published: Effective: Page 4 Spearfish Planning Commission Staff Report Meeting Date: 5-2-2023 at 3:00 p.m.