Planning Commission

Spearfish Planning Commission Agenda August 15, 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 August 1, 2023 D. Declaration of Conflicts of Interest E. Items for Action 1. Request: Conditional Use Permit to operate a new church and school in an existing building within the C-3 Office Commercial District Location: 1300 N Avenue Spearfish, SD Applicant: Michael Greslin/Jason Boke Action: Approve the Conditional Use Permit with Stipulations 2. Request: Concept Plan and Final Plan to allow construction of two new mixed- use structures in a DRD zoning district. Location: Lot 2 of Lot 1R Block 3 of Della Vecchia Addition otherwise known as The Village at Creekside Applicant: Williams & Associates Architecture Inc. Action: Set a Public Hearing for September 5, 2023 3. Request: Final Plat of Lot 1R of Block 35 of Original Townsite Location: Southwest of intersection of East Illinois Street and North 12th Street Applicant: City of Spearfish Action: Set a Public Hearing for September 5, 2023 F. Items for Discussion 1. Review of Planning Commission Role and Expectations 2. Review of Planning Commission Bylaws 3. Planning Studies - Project Updates 4. Planning Commission Updates H. City Council Update I. Public Comment - Public comments are welcome at this time, however, no action will be taken. J. Adjournment  Spearfish Planning Commission Regular Session Minutes August 1, 2023 at 3:00 p.m. The Spearfish Planning Commission met in regular session on Tuesday, August 1, 2023 at 3:00 p.m. in the council chamber of city hall and via Zoom video conference. Commissioner Bordewyk called the meeting to order at 3:00 p.m. Roll call was taken with the following members present: Bob Meyer, Toby Bordewyk, Rick Tysdal, and Larry Vavruska. Also present: Planning Director Marlo Kapsa, City Attorney Ashley McDonald, City Administrator Steve McFarland, Assistant Planning Director Jaymia Ecker and Administrative Assistant Erica Bussiere. APPROVAL OF MINUTES: Vavruska moved, Meyer seconded and all voted to approve the minutes of the July 5, 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: 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 Kapsa presented the staff report noting that the Request is to approve Lots 3 and 4 of Thomson Addition. Kapsa noted that the main change since Sketch Plat approval was the addition of north/south right-of-way which creates two separate lots, requiring an update to the legal description. Tysdal moved, Vavruska seconded and all voted to recommend approval of the Sketch Plat with the stipulations noted in the staff report. 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 Kapsa presented the staff report noting that the church use and school are both conditional uses within the C-3 District. Vavruska clarified that the school would operate three weeks days and one weekend day and inquired if a play structure would be added for students outside. The applicant, Jason Boke stated that outdoor play equipment would be installed in the grassy area on site. Tysdal moved and Vavruska seconded to set a public hearing for August 15, 2023. 3. Items for Discussion: Planning Studies – Project Updates: Kapsa stated that the next public input session for the Colorado Boulevard Study is scheduled August for August 24th from 5PM-7PM at the Heritage Center in Spearfish. Kapsa noted the primary concerns from the Highway 85 Corridor Study public input session were regarding the amount of development proposed along the corridor and specific concerns with the intersections of Highway 85/Pendo Road and Highway 85/Colorado Boulevard. Planning Commission Updates: Kapsa stated that a new Planning Commissioner, Amy Davison, will be appointed during the August 7, 2023 City Council Meeting. Kapsa noted a presentation on Planning Commission expectations and a review of the bylaws would be included on the August 15, 2023 Planning Commission agenda. 4. City Council Update – Kapsa stated a presentation on the 2024 Planning and Zoning Budget would be given during the August 2, 2023 Study Session meeting. Major budgeted items for Planning and  Zoning included new permitting software and new aerial imagery which will be cost shared with Lawrence County and other municipalities within the county. She noted that an additional lot transfer at Sky Ridge and two letter of support for projects applying for Housing Infrastructure Financing Program funding were included on the August 7, 2023 City Council agenda 5. Public Comment – No comments were provided by the public. 8. Adjournment - Kruskamp adjourned the meeting at approximately 3:22 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 15, 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: Approve the Conditional Use Permit with Stipulations 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 15, 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 15, 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 were notified of the public hearing via first class mail 10 days before the public hearing. A sign posting time and date of the public hearing was placed on site for a minimum of 10 days prior to the public hearing and notice was published in the official newspaper, 10 days prior to the public hearing. Three property owners along Polley Drive reached out to note their concerns regarding parking in front of their homes, drop off and pick up location, and amount of play area for school kids. The existing site meets minimum parking standards and it has been stipulated that pickups and drop-offs take place only within the adjacent parking lot. The existing zoning ordinance does not have any specific regulations relating to play area or structures within the applicable sections of code. 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 15, 2023 at 3:00 p.m. Site Plan Page 4 Spearfish Planning Commission Staff Report Meeting Date: August 15, 2023 at 3:00 p.m. Floor Plan Page 5 Spearfish Planning Commission Staff Report Meeting Date: August 15, 2023 at 3:00 p.m. City of Spearfish Planning Commission August 15, 2023 Conditional Use Permit Findings Applicant: Michael Greslin and Jason Boke Location: 1300 N Avenue Zoning: C-3 Office Commercial District C.U.P. Request: Church and School Date of Planning Commission Public Hearing: August 15, 2023 The Planning Commission of the City of Spearfish has reviewed and submits these findings, noted in italics, as well as the conditions of approval concerning the above noted Conditional Use Permit request. Evaluation criteria. In either making a recommendation to approve or deny, or acting to approve or deny an application for a CUP, the following criteria shall be considered: 1. The proposed use shall comply with other Ordinances. A CUP may not be issued to allow a use otherwise prohibited; The proposed use generally complies with all applicable City of Spearfish Ordinances. 2. The proposed use shall be eligible for a CUP based on the zoning district; The proposal is for a Church and School located in the C-3 Office Commercial Zoning District and both are eligible for a conditional use permit in that district. 3. The proposed use shall comply with the setback, lot coverage, height, and other requirements of the zoning district, unless the subject property is currently legally nonconforming or a request for a variance is simultaneously submitted with the application for a CUP: The following are the standards of the C-3 Office Commercial zoning district. Front setback: 25 feet required; Approximately 25 feet existing/Polley Drive, approximately 29 feet existing/North Avenue. No changes to setback proposed. Side setback: 12 feet required; Approximately 8 feet existing – legal nonconforming setback/North Property Line, approximately 12 feet existing/South Property Line Parking Spaces Required: 1 space per four seats for a total of 30 spaces. 30 Spaces existing. 4. The proposed use shall be compatible with the location, physical character, and topographic features of the property; A variety of commercial land uses exist nearby including a hospital, dentist, counseling services, optometry clinic, and mixed office space. There is also existing residential development to the east of the property along Polley Drive. 5. Buffering measures along parcel boundaries shall exist or be incorporated to mitigate any visual impact of outdoor use areas onto adjacent property; No buffering is required to mitigate the church and school. The surrounding land uses have a significant amount of off street parking and parking along the site frontages within the public right of way. There will be a play structure placed on site in the existing grassy area. There are no buffering requirements in ordinance for play structures. 6. If applicable, lighting from all sources shall be designed so that it does not unreasonably affect adjacent property; No new exterior lighting is proposed. 7. The proposed use shall not create an unreasonable public safety issue relating to the property or its surroundings, nor increase the risks of an existing public safety issue; Like other locations nearby, the parking will be located within the adjacent parking lot which does cross existing sidewalk along North Avenue, however, this parking lot is already in existence so there are no new safety concerns brought about by the proposed change in use. 8. The proposed use shall have adequate pedestrian and vehicular access, circulation, and parking, including those related to bicycle transportation and transportation by persons with physical disabilities; The building will have adequate handicapped access including a sidewalk that connects to the parking. There is existing sidewalk access via North Avenue and Polley Drive. 9. The proposed use shall not result in any unusual or unreasonable parking impacts; Adjacent property owners have reached out to note concern regarding parking within the right- of-way. The proposed use meets minimum parking off-street requirements. Overall, the use of the site is less intense than prior office use since the building will only be used three weekdays and one weekend day per week. Concerned adjacent property owners have been reminded that parking within the right-of-way is open to all members of the public, however, the applicant has been made aware of the concerns of adjacent homeowners regarding parking in front of homes. Parents dropping off kids for school must drop off in the parking lot accessed off of North Avenue. The proposed use does not present any unusual or unreasonable parking impacts. 10. The proposed use shall not result in an unusual or unreasonable number of vehicle trips per day as measured against the character of the neighborhood of the subject property and the street network serving it; The proposed church and school will be open normal business hours three days per week and will be open one weekend day for church service. A total of approximately 30 visitors are expected during normal business hours. This is in line with adjacent medical and office use traffic. 11. The proposed use shall not result in an unusual or unreasonable level of noise; The proposed indoor uses will not result in any unusual or unreasonable noise. Recess will be limited to 15-30 minutes increments throughout the day. The subject property is located adjacent to numerous other commercial uses along a major commercial corridor. It is not anticipated that the proposed use will create any increased level of noise disturbance in the area. 12. Adequate public services and utilities shall be available to accommodate the proposed use; Public services and utilities currently exist on this lot. 13. Additional imposed conditions, if any, will mitigate any probable adverse impacts of the proposed use. 1) Applicant shall fix existing broken fencing along the eastern property boundary. 2) A handicapped accessible route from the handicapped parking space to the building entry must be provided. 3) Applicant must apply for a building permit and floodplain permit (if applicable) and obtain a certificate of occupancy. 4) Applicant shall ensure that all pickups and drop-offs take place within the adjacent parking lot accessed off of North Avenue. I verify that the above findings and conditions of approval by the Spearfish Planning Commission were made in a public hearing on August 15, 2023 and that the Church and School uses are hereby approved. ____________________________________________________ Greg Kruskamp, Planning Commission Chair  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 15, 2023 at 3:00 p.m. Applicant: Williams & Associates Architecture Inc. Request: Concept Plan and Final Plan to allow construction of two new mixed-use structures in a DRD zoning district. Action: Set a Public Hearing for September 5, 2023 Location: Lot 2 of Lot 1R Block 3 of Della Vecchia Addition otherwise known as The Village at Creekside Proposal Summary: The applicant is seeking approval of a Concept and Final Plan to allow construction of two new mixed-use structures in a Development Review District (DRD) zoning district. Building functions may include residential, retail, office, Page 1 Spearfish Planning Commission Staff Report Meeting Date: August 15, 2023 at 3:00 p.m. restaurant and / or small assembly. General Comments: The proposed Concept and Final Plan to allow construction of two new mixed-use structures is generally compliant with all minimum zoning requirements and is consistent with the overall purpose and intent of the DRD zone. Staff would recommend approval of the proposed project. The subject property is approximately 35,700 square feet in size. Two mixed-use structures are proposed as part of this project. Building A is 2,536 square feet in size and Building B is 1,182 square feet. Both structures are two-stories and meeting the maximum height requirement of 60 feet. Minimum setback requirements of rear (10 feet), front (25 feet), and side (0 feet) setbacks are met by both structures. The proposed uses including residential, retail, office, restaurant and/or small assembly are all allowed uses within the DRD zone and are consistent with the overall land use plan for the Village at Creekside. The individual open space requirement of 20% is being exceeded at 30% and the minimum landscaping point requirement of 15,490 points is being exceeded by 6,090 points. There are a total of 48 parking spaces provided on this lot which is consistent with the requirements set forth in the original DRD approval and shared parking agreement. Evaluation Criteria Review: The DRD zoning text lists the following criteria that guide this review. In consideration of a request for the Concept and Final Plan approval, the Planning Commission and City Council shall consider the following factors both the One-Step and Two-Step types of Final Plan approval: 1. Conformance with Permitted Uses, Prohibited Uses, and Minimum Requirements for Improvement and Design: The proposed structures, uses, landscape, and site design conform to and in some cases exceed permit requirements in the DRD zone. 2. Site and building design compatibility with and relationship to existing and potential uses adjacent to the proposed project: The proposed design and use of the this lot is consistent with the mixed use nature of the Village at Creekside as a whole and purpose and intention of DRD zoning. Existing uses of adjacent properties include a brewery, restaurant, salon, optometrist, and coffee shop. Proposed uses for the remainder of the subdivision will be consistent with the existing uses and proposed uses of this project site. 3. Aesthetic considerations related to the scope and size of the proposed use(s): The aesthetics of the proposed structures are complementary to existing structures in terms of height, building materials, and landscaping material and are appropriate for the proposed uses. Proposed open space exceeds minimum requirements by 10% which will provide adequate space for both residential and commercial uses. 4. Public safety issues relating to projected traffic generated by the proposed uses and to the existing or potential transportation system of adjoining properties: The existing street network was designed and has capacity to accommodate this level of mixed-use development at full build out. There is an existing shared parking agreement in place for the entire Village at Creekside development. There is no anticipated increased risk of public safety issues as a result of the development of this site. Page 2 Spearfish Planning Commission Staff Report Meeting Date: August 15, 2023 at 3:00 p.m.  5. Testimony received from the public, and comments received by departments, agencies and commissions as provided in Section 10. F.3.a. or 10.G.4.a, as applicable. No comments have been received as of this writing. Public Comment: Mailed notice will be provided to owners within 140 feet and a sign will be posted on the property advising of the Planning Commission and City Council meetings prior to the September 5, 2023 public hearing. Summary: The proposed Concept and Final Plan to allow construction of two new mixed-use structures is generally compliant with all minimum zoning requirements and is consistent with the overall purpose and intent of the Development Review District. As such, Staff would recommend approval of the proposed project. STAFF CONTACT: Marlo Kapsa – Planning Director, 605-717-1122; marlo.kapsa@cityofspearfish.com ATTACHMENTS: Page 4 – Landscaping/Site Plan Page 5 – 3D Elevations Page 6 – Building A Elevations Page 7– Building B Elevations Page 3 Spearfish Planning Commission Staff Report Meeting Date: August 15, 2023 at 3:00 p.m.  Page 4 Spearfish Planning Commission Staff Report Meeting Date: August 15, 2023 at 3:00 p.m.  Page 5 Spearfish Planning Commission Staff Report Meeting Date: August 15, 2023 at 3:00 p.m.  Page 6 Spearfish Planning Commission Staff Report Meeting Date: August 15, 2023 at 3:00 p.m.  Page 7 Spearfish Planning Commission Staff Report Meeting Date: August 15, 2023 at 3:00 p.m.