Planning Commission

Spearfish Planning Commission Agenda September 5, 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 15, 2023 D. Approve Agenda E. Declaration of Conflicts of Interest F. Items for Action 1. Request: Approve a 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: Approve the Concept and Fina Plan 2. Request: Approve a Final Plat for Lot 1R of Block 35 of Original Townsite of the City of Spearfish Location: Southwest of Intersection East Illinois Street and 12th Street Applicant: City of Spearfish Action: Hold a Public Hearing/Approve the Final Plat/Set a Public Hearing for September 18, 2023 3. Request: Approve a Voluntary Annexation and Change of Zoning from County Park Forest to R3 Multi-Family Residential District Location: Southwest of Intersection Hill Street and Harvard Street Applicant: Stencil Group, LLC Action: Set a Public Hearing for September 18, 2023 G. 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 15, 2023 at 3:00 p.m. The Spearfish Planning Commission met in regular session on Tuesday, August 15, 2023 at 3:00 p.m. in the council chamber of city hall and via Zoom video conference. Commissioner Kruskmap called the meeting to order at 3:17 p.m. Roll call was taken with the following members present: Amy Davison, Bob Meyer, Greg Kruskmap, Toby Bordewyk, Meghan Byrum, Rick Tysdal Also present: Mayor John Senden, Planning Director Marlo Kapsa, City Attorney Ashley McDonald, Assistant Planning Director Jaymia Ecker. APPROVAL OF AGENDA: Kapsa informed the commission that item E3, F1, and F2 would need to be moved to the next meeting’s agenda and recommended that “approval of agenda” be added as an item to this meeting and all future meetings. Meyer moved, Tysdal seconded, all voted to approve the amended agenda. APPROVAL OF MINUTES: Tysdal moved, Myer seconded, and all voted to approve the minutes of the August 1, 2023 Planning Commission meeting with the following correction: “Bordewyk adorned the meeting at 3:22 pm”. DECLARATIONS OF CONFLICTS OF INTEREST: Kruskmap called for any potential conflicts of interest to be identified. No conflicts were expressed. 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: C1300 N Avenue Spearfish, SD Applicant: Michael Greslin/Jason Boke Action: Approve the Conditional Use Permit with Stipulations Applicant was present at the meeting. Kapsa summarized the staff report noting that the permit application generally met the criteria evaluated including allowed uses, parking requirements, appropriate public services and utilities and the proposed uses do not pose any new safety concerns. The stipulations require that broken fencing be repaired and that pick ups and drop offs take place in the parking lot located on the south side of the property and not from Polley Drive. Three property owners reached out with comments related to increased traffic and parking along Polley Drive, located along the eastern boundary of the property. Kapsa concluded that staff recommend approval. The applicant addressed a question raised by Meyer related to increased rate of traffic on North Avenue at specific times explaining that there are a limited number of students, and the anticipated vehicle traffic is less than was generated by the former tenant. It was noted that if traffic posed a safety concern, the issue would be revisited. Public hearing was closed with no additional comments. Meyer recommended approval with stated stipulations, Bordewyk seconded, all voted to 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  Kapsa summarized the staff report noting that the proposed plans meets or exceeds all of the requirements evaluated including conformance with permitted uses, building design, parking requirements, landscaping, open space, aesthetic considerations, and does not pose any unusual safety concerns. Kapsa concluded that staff recommend setting a public hearing for September 5, 2023 to approve the plans. Davison inquired about the intended use of the buildings. The applicant explained that the buildings were designed to accommodate both retail and residential uses to be determined depending on the ultimate occupancy. Future tenents will be required to optain a building permit prior to building out the internal portion of the buildings for the intended use. In response to a question from the commision related to parking, it was noted that there is a shared parking agreement at The Village at Creekside allowing shared and sufficient parking for all buisnesses. Bordwyk moved, Myer seconded, and all voted to approve the motion to set a public hearing for September 5, 2023. Items for Discussion 1. Planning Studies – Project update Colorado Boulevard Study next public meeting is set for Thursday, August 24 from 5-7 PM at The Heritage Center 2. Comprehensive Plan The first in person visit and round of public engagement visit is scheduled during the week of October 16, 2023, SE group will be present during the planning and council meetings and there will be a public meeting held on Wednesday, October 18, 2023. First advisory committee meeting is scheduled for August 31, 2023. 3. Planning Commission Updates All the commissioners present at the meeting confirmed their intent attend the next committee meeting on September 5, 2023. Any Davison was introduced and welcomed as a new commission member. 4. City Council Updates Kapsa noted that there are two upcoming housing infrastructure applications that the city intends to apply for as well as a sign easement, and infrastructure dedication. Public Comment – No comments were provided. Adjournment - Kruskmap adjourned the meeting at 3:47 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: September 5, 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: Hold a Public Hearing – Approve the DRD Concept and Final Plan – Set a public hearing for City Council on September 18th, 2023 at 5:30 PM 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 Page 1 Spearfish Planning Commission Staff Report Meeting Date: September 5, 2023 at 3:00 p.m. construction of two new mixed-use structures in a Development Review District (DRD) zoning district. Building functions may include residential, retail, office, 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: September 5, 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 has been provided to owners within 140 feet and a sign was 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: September 5, 2023 at 3:00 p.m.  Page 4 Spearfish Planning Commission Staff Report Meeting Date: September 5, 2023 at 3:00 p.m.  Page 5 Spearfish Planning Commission Staff Report Meeting Date: September 5, 2023 at 3:00 p.m.  Page 6 Spearfish Planning Commission Staff Report Meeting Date: September 5, 2023 at 3:00 p.m.  Page 7 Spearfish Planning Commission Staff Report Meeting Date: September 5, 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: September 5, 2023 at 3:00 p.m. Applicant: City of Spearfish Request: Approve a Final Plat for Lot 1R of Block 35 of Original Townsite of the City of Spearfish Action: Hold a Public Hearing and Approve the Final Plat Location: Southwest of Intersection East Illinois Street and 12th Street Proposal Summary: The subject property is a 6,974 square foot Original Town lot. The proposed plat would dedicate a 3,262 square foot portion as right-of-way and create a 3,712 square foot lot to be known as Lot 1R of Block 35 of Original Townsite. Page 1 Spearfish Planning Commission Staff Report Meeting Date: September 5, 2023 at 3:00 p.m. General Comments: The proposed plat is a minor plat within Spearfish City limits. The existing parcel is currently used as a parking lot for the adjacent apartment buildings and is owned by the City of Spearfish. This plat will ensure all adjacent City infrastructure lies completely within the right-of-way. Staff has conducted historic research on the property and found evidence that the right-of-way was previously dedicated, however, no instrument reflecting that dedication was ever recorded with the Lawrence County Register of Deeds. Staff would recommend approval of the final plat. Staff Review: Zoning: The property is currently zoned R3 District. The proposed 3,712 square foot lot size meets minimum R3 requirements since the existing lot was platted prior to April of 1980. Proposed Lot 1R will continue to function as a parking lot for the adjacent apartment complex. Utilities: City water and sewer are present in the adjacent 12th Street right-of-way. City sewer is also present west of the subject property in the alley. Access: The subject property is located at the corner of 12th Street and East Illinois Street. Primary access to the property is provided via East Illinois Street which is classified as a local street on the City’s Major Street Plan. This plat will ensure that all necessary right-of way has been dedicated for East Illinois Street. Adequate right-of-way width exists for North 12th Street. Platting Process: Following approval of the Final Plat by the Planning Commission, the Final Plat will go before the City Council for final approval and a public hearing during the September 18th City Council meeting. Summary: The proposed final plat generally complies with all applicable Zoning and Subdivision Regulations. As such, staff would recommend approval of the proposed Final Plat. STAFF CONTACT: Marlo Kapsa – Planning Director, 605-717-1122; marlo.kapsa@cityofspearfish.com ATTACHMENTS: Page 3 – Final Plat Page 2 Spearfish Planning Commission Staff Report Meeting Date: September 5, 2023 at 3:00 p.m. Final Plat Page 3 Spearfish Planning Commission Staff Report Meeting Date: September 5, 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: September 5, 2023 at 3:00 p.m. Applicant: City of Spearfish Request: Approve a Voluntary Annexation and Change of Zoning from County Park Forest to R3 Multi-Family Residential District Action: Set a Public Hearing for September 18, 2023 Location: Southwest of Intersection Hill Street and Harvard Street Page 1 Spearfish Planning Commission Staff Report Meeting Date: September 5, 2023 at 3:00 p.m. Proposal Summary: The proposed request would annex approximately 9.9 acres of property into the Spearfish City Limits and rezone the annexed property from County Park Forest to R3 Multi-Family Residential District (R3). General Comments: The proposed annexation and rezone to R3 generally aligns with existing surrounding city zoning. Property lying north of the subject property is zoned R3 developed with a mix of uses including the Northern Hills Training Center, single family homes, duplexes, and multifamily housing units. The property directly east of the subject property is zoned Planned Unit Development and is developed with a multi-unit condominium structure. The developer intends to develop the subject property with two 95–100-unit apartment buildings to be completed in two phases. This proposed multifamily use is a permitted use within the R3 zone and aligns with the general makeup of the surrounding neighborhood. The proposed development will be required to meet all minimum zoning criteria including parking, setbacks, and landscaping. Staff Review: This change of zoning is guided by the City of Spearfish Revised Code of Ordinances, Appendix A- Zoning, Article VI. Administration and Enforcement, Section 5. Amendments. A proposed amendment shall be considered on its own merits using the following criteria as a guide. Proposed amendments shall: 1. Be necessary because of substantially changed or changing conditions of the area and district affected, or in the ordinance generally. a. The City of Spearfish participated in a housing market study that was completed at the end of 2022. The study highlighted a 15 percent increase in Spearfish’s population since 2010. With an increase in population has come an increase in demand for housing which has greatly impacted housing affordability throughout the Black Hills. The study indicated that a minimum of 224-281 additional rental units would be needed in the Spearfish market by 2030 to keep up with rising demand. The developer intends to develop the subject property with two 95–100-unit apartment buildings to be completed in two phases. Units will be made available to renters at or below 80 percent of the area median income. The proposed project is located within walking distance of Black Hills State University, the Northern Hills Training Center, and downtown Spearfish. The proposed apartment development will provide much needed rental housing in a rapidly growing and evolving city in an area adjacent to existing mixed density development. 2. Be consistent with the intent and purposes of the ordinance: a. The purpose and intent of the R3 Multi-Family Residential District is “to promote and encourage the establishment and maintenance of a suitable environment for urban residence in areas appropriate by location and character for occupancy by high- density, multiple-family dwellings. One of the important purposes of this district is to create adequate standards of residential development in order to prevent overcrowded and unhealthy housing conditions.” The proposed development aligns with the overall purpose and intent of the R3 zone in that it provides dense multi-family units with Page 2 Spearfish Planning Commission Staff Report Meeting Date: September 5, 2023 at 3:00 p.m.  approximately half of the property being preserved for open space, playground area for children, and dog park space. The proposed site is appropriate in location and character due adjacency of existing R3 zoning and mixed-density housing typologies including condominiums and apartment buildings. 3. Not directly or indirectly adversely affect any other part of the ordinance. a. There are no proposed changes to the text of the zoning ordinance associated with this rezone, therefore, this criterion is not applicable. 4. Be consistent with and not in conflict with the Spearfish comprehensive plan. a. The proposed development aligns with the following Strategies for the Developing City set forth within the Comprehensive Plan: i. “The overall location and arrangement of land uses for new development should follow a basic hierarchy starting with the more intense land uses on the major streets, and the less intense uses on the minor/local streets.” 1. The subject property is located adjacent to Hill Street which is classified as a Collector Street in the City’s Master Transportation Plan. A Traffic Impact Study is being required as part of the development of this property to ensure any potential traffic impacts of the development are properly mitigated. ii. Provide well-connected streets and convenient pedestrian and bike path systems to encourage non-vehicular travel to and from major land use destinations. 1. The developer is required to improve the adjacent portion of Hill Street to meet minimum City design requirements which will accommodate all roadway users including cyclists and pedestrians. There are existing gaps in the surrounding sidewalk network which the developer will be addressing with this development. iii. Demonstrate architectural creativity in overall design and materials selection. 1. The proposed apartment buildings will bring a fresh architectural style to the neighborhood with a mix of exterior building elements such as color and material while complementing existing development within the neighborhood. Public Comment: Notice of a public hearing will be published in the newspaper and sent to owners within 200 feet of the property boundary 10 days prior to the public hearing. Any comments received will be included in the Staff Report and discussed during the meeting. Page 3 Spearfish Planning Commission Staff Report Meeting Date: September 5, 2023 at 3:00 p.m. Summary: The proposed annexation and rezone align with adjacent zoning and land uses, generally complies with the City’s Zoning Ordinance, and realizes land use and city form strategies set forth within the City’s Comprehensive Plan. As such, staff would recommend approval of the proposed annexation and rezone. STAFF CONTACT: Marlo Kapsa – Planning Director, 605-717-1122; marlo.kapsa@cityofspearfish.com ATTACHMENTS: Page 5 – Zoning Map Page 6 – Elevation Page 7 – Site Plan Page 4 Spearfish Planning Commission Staff Report Meeting Date: September 5, 2023 at 3:00 p.m. Zoning Map Page 5 Spearfish Planning Commission Staff Report Meeting Date: September 5, 2023 at 3:00 p.m. Elevation Page 6 Spearfish Planning Commission Staff Report Meeting Date: September 5, 2023 at 3:00 p.m. Site Plan Page 7 Spearfish Planning Commission Staff Report Meeting Date: September 5, 2023 at 3:00 p.m.  BYLAWS OF PLANNING COMMISSION CITY OF SPEARFISH, LAWRENCE COUNTY, SOUTH DAKOTA ARTICLE 1. NAME The name of this commission shall be the City of Spearfish Planning Commission (hereinafter "Commission"). ARTICLE 2. PURPOSE and POWERS The purpose of the Commission is to promote the health, safety, and general welfare of the City of Spearfish by reviewing community development matters and making recommendation s to the City Council on such matters. The Commission shall have the powers conferred upon it by state law and the Revised Ordinances of the City of Spearfish. ARTICLE 3. MEMBERS 3.1 The members of the Commission shall consist of not less than five (5) members appointed by the Mayor of the City of Spearfish and confirmed by the City Council. 3.2 The term of each appointed Commission member shall be for five (5) years, with no limit s on the number of terms served. 3.3 The Mayor shall fill a vacancy or add a member to the Commission in the same manner as for appointment. 3.4 The Mayor may remove any member without cause with the confirmation of the City Council. ARTICLE 4. OFFICERS and ORGANIZATION 4.1 The officers of the Commission shall consist of a chairman and vice-chairman. These officers shall perform the duties prescribed by these bylaws including the parliamentary procedure adopted by the Commission. 4.2 The officers shall be elected by members of the Commission and will serve for one year or until their successors are elected. The term of office will begin at the close of the annual meeting at which the officers are elected. 4.3 No member may hold more than one office at a time and no member may serve more than two consecutive terms in the same office. 4.4 The Zoning Administrator is the primary contact person for all the Commission's meeting activities and is responsible for the publication and distribution of the Commission's agendas, meeting minutes, staff reports, and related documents necessary for the Commission to perform its duties. Page 1 1 City of Spearfish Planning Commission Bylaws Adopted I 1-2 0-2018 ARTICLE 5. MEETINGS 5. 1 T he regular meeting of the Commission shall be held on the first and third Tuesday of each month unless otherwise ordered by the Commission. 5.2 The regular meeting on the third Tuesday in January shall be known as the annual meeting and shall be for the purpose of electing officers, receiving reports of officers and committees, and for any other business that may arise. 5.3 Special meetings may be called by the chairman or vice-chairman, or upon the request of three members of the Commission. The purpose of the meeting shall be stated in the call and, except in cases of emergency, at least three days' notice shall be given. 5.4 A simple majority of the Commission shall constitute a quorum. 5.5 In the event of the absence of the chairman and vice-chairman, the Commission shall elect a temporary chairman at the start of the meeting, who shall then preside over that meeting only. 5.6 The Zoning Administrator may cancel the meeting in the event there are no items for action. ARTICLE 6. VOTING 6.1 The chairman may only vote on matters before the Commission that require a tie to be broken. 6.2 Pursuant to the Revised Ordinances of the City of Spearfish Chapter 2, Article III., Division 5, Section 2-113, any recommendation by the Commission shall be decided by majority vote of the present and voting members. Where state law requires a different voting requirement than Section 2-113, state law shall supersede. ARTICLE 7. COMMITTEES The chairman may, from time to time, appoint such committees, standing or special, as deemed necessary to carry on the work of the Commission. The chairman will be an ex officio member of all committees. ARTICLE 8. PARLIAM ENTARY PROCEDURE Rules contained in the current edition of Robert's Rules of Order newly revised, as amended from time to time, shall govern the Commission in all cases to which the rules are applicable and in which they are not inconsistent with these bylaws, the Revised Ordinances of the City of Spearfish, or South Dakota Codified Laws. Page 1 2 City of Spearfish Planning Commission Bylaws Adopted I 1-2 0-2018 ARTICL E 9. AMENDMENT OF BYLAWS These bylaws can be amended at any regular or special meeting of the Commission by a two-thirds vote of the present and voting members, provided that the amendment has been submitted in writing at the previous regular meeting. Adopted this 20th day of November, 2018 Barbara Zwetzig, Chairwoman City of Spearfish Planning Commission ATTEST: Page I 3 City of Spearfish Planning Commission Bylaws Adopted I 1-2 0-2018