Planning Commission

Spearfish Planning Commission Agenda August 1, 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 July 5, 2023 D. Declaration of Conflicts of Interest E. Items for Action 1. Request: Final Plat for Lot 3 of Block 1 of Thomson Addition Location: Southwest of Intersection of Hill Street and Harvard Street Applicant: Stencil Group, LLC Action: Approve Final Plat with Stipulations 2. Request: Conditional Use Permit to operate a new church in an existing building within the C-3 Office Commercial District Location: 1300 N Avenue Spearfish, SD Applicant: Michael Greslin/Jason Boke Action: Set a Public Hearing for August 15, 2023 F. Items for Discussion 1. Planning Studies - Project Updates 2. Planning Commission 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 July 5, 2023 at 3:00 p.m. The Spearfish Planning Commission met in regular session on Wednesday, July 5, 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: Meghan Byrum, Bob Meyer, Rick Tysdal, and Larry Vavruska. Also present: Planning Director Marlo Kapsa, City Attorney Ashley McDonald, City Administrator Steve McFarland, and Administrative Assistant Erica Bussiere. APPROVAL OF MINUTES: Kruskamp moved, Tysdal seconded and all voted to approve the minutes of the June 20, 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 Lot 3 of Block 1 of Thomson Addition Location: Southwest of Intersection of Hill Street and Harvard Street Applicant: Stencil Group, LLC Action: Approve Final Plat with Stipulations Kapsa presented the sketch plat and staff report. Kruskamp inquired about whether the remainder acreage would be annexed. Kapsa noted that the remainder acreage would not be annexed as part of this project Byrum moved, Vavruska seconded and all voted to recommend approval of the Sketch Plat with the stipulations noted in the staff report. 3. Items for Discussion: Planning Studies – Project Updates: Kapsa stated that there can be up to three Planning Commissioners present on the Comprehensive Plat committee. Tysdal and Byrum volunteered to be on that committee. Kapsa noted that the first public open house for the Highway 85 Corridor Study is set for July 19th at the City of Deadwood at 5:30 PM. Kapsa noted that the Final SAT meeting for the Welcome Center Study will be held on Tuesday July 18th. Kapsa stated that the second stakeholders meeting and open house for the Colorado Boulevard Study has been set for August 24th at the Heritage Center. 4. City Council Update – Kapsa stated there were no items from planning during the previous City Council meeting. 5. Public Comment – No comments were provided by the public. 8. Adjournment - Kruskamp adjourned the meeting at approximately 3:11 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: August 1, 2023 at 3:00 p.m. Applicant: Stencil Group, LLC Request: Approve a Final Plat for Lot 3 and Lot 4 of Block 1 of Thomson Addition to the City of Spearfish Action: Approve with Stipulations Location: Southwest of Intersection of Hill Street and Harvard Street; Within 3-Mile Extraterritorial Jurisdiction Area Page 1 Spearfish Planning Commission Staff Report Meeting Date: August 1, 2023 at 3:00 p.m. Proposal Summary: The subject property is currently an unplatted 75.78-acre parcel. The proposed plat would create one 5.42 acre lot and one 4.72 acre lot to be known as Lot 3 and Lot 4 of Block 1 of Thomson Addition leaving a 65 acre unplatted remainder parcel. General Comments: The proposed plat is a minor plat within the 3-Mile Extraterritorial Jurisdiction area with Lawrence County. The parcel is currently undeveloped. Upon approval of the Final Plat, proposed Lot 3 and Lot 4 would be annexed into Spearfish City Limits and rezoned to R3 District. The developer has indicated that tax increment financing would be requested to aid in infrastructure expansion to serve the proposed development. 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 located within Lawrence County and zoned Park Forest District. The proposed 5.42 and 4.72 acre lots meet minimum density requirements for this zone. The developer has indicated that they would like to rezone the property to R3 District. This would be consistent with the adjacent R3 zoned property to the north of the subject property. The proposed lot size would meet all minimum zoning requirements under this new zoning designation. Upon approval of the Final Plat, the applicant may request annexation, rezoning, and Tax Increment Financing for Lot 3 and Lot 4. Utilities: Any development to occur on proposed Lot 3 and Lot 4 would be required to utilize City sewer and water services. There is an existing 15-foot wide utility easement present on the property. A 40-foot-wide drainage and utility easement is proposed as part of this plat to convey site drainage to the detention pond located on existing Lot 2 which will be maintained by the developer but remain under ownership of the Thomson family. A written easement agreement identifying maintenance responsibilities must be submitted with the final plat document for recording. Access: Access to the property is provided via Hill Street which is classified as a Collector Street on the City’s Major Street Plan. The required additional 33-foot wide right-of-way dedication for Hill Street is being shown on the plat document. That portion of Hill Street adjacent to proposed Lot 10 must be improved to minimum City design standards upon annexation and rezoning of the property. An additional north/south roadway is shown on the applicant’s submitted site plan. Prior to Final Plat approval, the plat document must be revised to show the dedication of a 66-foot wide right- of-way for the proposed north/south roadway. The revised plat document must also include a road name for the new street to be reviewed and approved by Lawrence County E911 staff. The proposed road must be constructed to minimum City design standards upon annexation and rezoning of the property. Maintenance of the adjacent portion of Hill Street and the new roadway would be the responsibility of the developer during construction. Once improved to City standards, the infrastructure would be dedicated to the City for ownership and maintenance. Platting Process: Following approval of the Final Plat by the Planning Commission, the plat will go before the City Council for a Public Hearing and final approval. Once the Final Plat has been approved, the applicant’s request for annexation and rezoning may be considered along with the request for Tax Increment Financing. Page 2 Spearfish Planning Commission Staff Report Meeting Date: August 1, 2023 at 3:00 p.m. 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. Upon Final Plat approval, the applicant shall submit an application for rezoning, annexation, and tax increment financing (TIF) for the property. 2. Prior to recording of the Final Plat, a written easement document including maintenance responsibilities for the 40-foot-wide drainage and utility easement and detention pond shall be submitted. A drainage easement shall be included on Lot 2 for any area to be used for stormwater detention. 3. Prior to recording of the Final Plat, the plat document shall be revised to include a 66-foot- wide Right-of-Way between Lot 3 and Lot 4. A road name meeting minimum E911 standards shall be included on the final plat document. 4. Prior to recording of the Final Plat, The plat document shall be revised with an updated legal description that includes both proposed lots. 5. Prior to recording of the Final Plat, the Developer shall enter into a Developer’s Agreement with the City of Spearfish. 6. Prior to recording of the Final Plat, booster station construction costs and a cost share agreement shall be finalized. 7. Upon approval of the annexation, rezone, and TIF request, 65% design plans shall be submitted for review and approval. Phasing shall be documented in the design plans. 8. Upon submittal of subdivision construction plans, a Traffic Impact Study shall be submitted. 9. Prior to dedication of the infrastructure improvements to the City, the developer shall be responsible for roadway maintenance of Hill Street adjacent to the proposed parcel. STAFF CONTACT: Marlo Kapsa – Planning Director, 605-717-1122; marlo.kapsa@cityofspearfish.com ATTACHMENTS: Page 3 – Aerial Map Page 4 – Final Plat Page 3 Spearfish Planning Commission Staff Report Meeting Date: August 1, 2023 at 3:00 p.m. Aerial Map Page 4 Spearfish Planning Commission Staff Report Meeting Date: August 1, 2023 at 3:00 p.m. Final Plat Page 5 Spearfish Planning Commission Staff Report Meeting Date: August 1, 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: August 1, 2023 at 3:00 p.m. Applicant: Michael Greslin and Jason Boke Request: Conditional Use Permit to operate a new church and school in an existing building within the C-3 Office Commercial District Action: Set a Public Hearing for August 15, 2023 Location: 1300 N Avenue, Spearfish, SD Proposal Summary: The applicant is seeking to obtain a Conditional Use Permit to operate a new church and school in an existing structure located at 1300 N Avenue in Spearfish, SD. Page 1 Spearfish Planning Commission Staff Report Meeting Date: August 1, 2023 at 3:00 p.m. General Comments: The subject property is located within city limits and is zoned C-3 Office Commercial District. The proposed church and school uses are both uses eligible for a conditional use permit within this district. The site is approximately 0.5 acres in size. There is an existing 4,129 square foot office building constructed on site which would be home to the proposed new church and school. The church and school would operate 4 days per week between the hours of 7:30 AM – 6:30 PM. Upon review of the Conditional Use Permit application staff finds the proposed use to generally comply with all required evaluation criteria. As such, staff would recommend approval of the Conditional Use Permit. Evaluation Criteria Review: 1. Describe how the proposed use is compatible with the location, physical character, and topographic features of the property: The new use of the building (church and school) would be similar to the previous office use of the building and surrounding businesses with a significant reduction in the amount of daily traffic as noted by the applicant as the building will only be use four days a week. There are no exterior building alterations being proposed as part of the new use. 2. Describe buffering measures along parcel boundaries that exist or will be or be incorporated to mitigate any visual impact of outdoor use areas onto adjacent property: The existing site is comprised of a 4,129 square foot building, green space, and a parking lot. There are no substantial changes being proposed as part of the new use, however, the broken fencing will be on site will be repaired. As noted previously, no anticipated exterior building alterations are proposed. 3. If new lighting is proposed, describe how it is designed so that it does not unreasonably affect adjacent property: No new lighting is proposed as part of this design. 4. Describe the public safety issues related to the proposed use of the land, or surroundings, and if will there be an increased risk of an existing public safety issue: The proposed use is in line with adjacent property uses. There is no anticipated increased risk of public safety issues as a result of this change of use. 5. Describe the existing or proposed pedestrian and vehicular access and parking including accommodations for bicycle transportation and transportation by persons with physical disabilities: Parking lot access from North Avenue and all parking spaces will remain unchanged including the ADA spaces. Pedestrian access to the front door is available via stairs or ramp and the rear door is located at ground level. Bicycle racks will be added to the site. 6. Describe the methods to address any impacts to the adjacent properties that may result from parking; include dimensions of fencing, types of landscape or other buffering to be provided: The existing parking lot will continue to be used and is contained by concrete curbing on three sides. Existing broken split rail fencing along eastern property border will be repaired and replaced. 7. Describe the number of vehicle trips per day resulting from the use of the property and compare it to the existing traffic volume on the adjoining street network: Weekdays (3 days/week): approximately 30 vehicles in/out primarily at 7:30 am, 3:00 pm, Page 2 Spearfish Planning Commission Staff Report Meeting Date: August 1, 2023 at 3:00 p.m.  and 6:30 pm - less than current use since the building was previously used all 5 weekdays. Sunday: vehicle traffic at 10am and 3pm. Building is currently unoccupied and unused on weekends. 8. Describe what types of noise may result from the property and compare it to the existing noise levels of the adjoining land uses: Internal noise levels on weekends would not impact adjoining property owners. Weekday use (3 days/week), intermittent activity breaks for the children (15-30 minutes each) for anticipated total outdoor activity time of 1 hour. With the distance between adjoining properties, the applicant does not anticipate significant impact. 9. Describe what public services and utilities are available to accommodate the proposed use, and if these may adequately serve the use: The existing building is connected to City services. There are two unisex bathrooms with two stalls each, one of which is ADA compliant. High/low drinking fountain will be added. In speaking with the Building Official, this fits the needs of the occupancy rate of the facility. 10. Describe any existing property features, or planned improvements that will make the proposed use compatible with the surrounding area: The building has existing green space on the north side with landscaped areas and trees on the west side of the property. The applicant plans to maintain and improve the vegetation on the north and west sides of the building and will repair and replace broken fencing along the east property line adjacent to Polly Drive. 11. If the request is for a wireless telecommunications facility, small wind energy system, or a solar energy conversion system, describe how the specific zoning code criteria pertaining to these uses will be met. Not applicable. PUBLIC COMMENTS: Owners within 140 feet of the property will be notified of the public hearing via first class mail 10 days before the public hearing. The property will also have a notice sign posted on it and notice of the public hearing will also be published in the official newspaper, both 10 days prior to the public hearing. Summary: The proposed uses of church and school generally comply with all required evaluation criteria. As such, staff would recommend approval of the Conditional Use Permit. STAFF CONTACT: Marlo Kapsa – Planning Director, 605-717-1122; marlo.kapsa@cityofspearfish.com ATTACHMENTS: Page 3 – Site Plan Page 4 – Floor Plan Page 3 Spearfish Planning Commission Staff Report Meeting Date: August 1, 2023 at 3:00 p.m. Site Plan Page 4 Spearfish Planning Commission Staff Report Meeting Date: August 1, 2023 at 3:00 p.m. Floor Plan Page 5 Spearfish Planning Commission Staff Report Meeting Date: August 1, 2023 at 3:00 p.m.