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Planning Commission

Regular Meeting

Spearfish, SD · September 19, 2023

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Minutes

Spearfish Planning Commission Agenda September 19, 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 September 5, 2023 D. Approve Agenda E. Declaration of Conflicts of Interest F. Items for Action 1. 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: Hold a Public Hearing and Make a Recommendation to City Council G. Items for Discussion 1. Planning Studies - Project Updates 2. 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 September 5th, 2023 at 3:00 p.m. The Spearfish Planning Commission met in regular session on Tuesday, September 5th at 3:00 p.m. in the council chamber of city hall and via Zoom video conference. Greg Kruskamp chaired and the meeting was called to order at 3:00 p.m. Roll call was taken with the following members present: Rick Tysdal, Toby Bordewyk, Meghan Byrum, Bob Myer, Larry Vavruska, Greg Kruskamp, and Amy Davison. Also present: Marlo Kapsa, Planning Director, Ashley McDonald, City Attorney, Steve McFarland, City Administrator, John Senden, Mayor, and Jaymia Ecker, Assistant Planning Director. APPROVAL OF MINUTES: Myer moved, Byrum seconded, and all voted to approve the minutes of the August 15th, 2023 Planning Commission meeting. APPROVAL OF AGENDA: A motion to amend the agenda to include “hold a public hearing” as an action for item 1 was made. Vavruska moved, Myer seconded, and all voted to approve the agenda of the September 5th, 2023 Planning Commission meeting with the amendment. DECLARATIONS OF CONFLICTS OF INTEREST: Kruskamp called for any potential conflicts of interest to be identified. Byrum declared a potential conflict of interest for item number 2 and removed themself from commenting and voting on this item. ITEMS FOR ACTION 1. 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: Approve the Concept and Final Plan and hold a public hearing The applicant was present but declined to present on the proposal. Kapsa stated that there have been no changes to the plans since they were last presented to the commission, reiterated that the proposal met standards and concluded that staff recommend approval. The public hearing was opened, no public comments were made, and the public hearing was closed. Bordewyk moved, Tysdal seconded, and all voted to approve the concept and final plan. Kapsa informed meeting attendees that this item will now go before city council for a public hearing and approval at the September 18th meeting. 2. Request: Approve a Final Plat for Lot 1R of Block 35 of Original Townsite of the City of Location: Southwest of Intersection East Illinois Street and 12th Street City of Spearfish City Council Chamber, 625 Fifth Street, Spearfish, SD Applicant: City of Spearfish Action: Hold a Public Hearing/Approve the Final Plat/Set a Public Hearing for September 18th, 2023 Kapsa stated the proposed plat would dedicate a 3,262 square foot portion of an Original Town lot as right-of-way for existing street infrastructure. The public hearing was opened, no public comments were made, and the public hearing was closed. Tysdal moved, Myer seconded, and all voted to approve the final plat. Vavruska moved, Bordewyk seconded, and all voted to set a public hearing at the September 18th, 2023 city council meeting. 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 18th, 2023 It was noted that the date of the public hearing should be set for September 19th, 2023. Kapsa summarized staff report noting that the annexation involves approximately 10 acres of property and the proposed rezoning of the property to R3 is in line with adjacent land uses including a multi-unit condo and training center. The developer intends to develop the property with two 95- 100 unit apartment buildings. Kapsa noted that the proposed meets standards for annexation and rezone, is in line with the comprehensive plan, and will contribute to the supply of rental units projected to be needed by 2030 in the Rapid City and Black Hills Area Housing Study. A commission member asked for clarification on term “amendment” in the staff report on this item. Kapsa clarified that this term refers to the proposed change in zoning. Tysdal moved, Byrum seconded, and all voted to set a public hearing at the September 19th, 2023 Planning Commission meeting. ITEMS FOR DISCUSSION Review of Planning Commission Role and Expectations Kapsa and McDonald made a presentation covering topics including the role of the planning commission in the planning process, planning authority as stipulated by federal and state law, open meeting laws, and the overarching responsibility of the commission to implement the city’s comprehensive plan. Review of Planning Commission Bylaws The current bylaws were reviewed and potential changes including the ability of the commission chairperson to vote on items was discussed. Proposed changes will be considered at the next meeting. Kapsa informed the commission that a stipend for commission member attendance at meetings has been included in the 2024 budget pending approval by City Council. Planning Studies - Project Updates The Colorado Boulevard corridor study stakeholder and public meetings were held on August 24th and well attended. Meeting materials are available on the study’s website and public comments can be submitted until September 24th. The first comprehensive plan update advisory committee meeting was held on August 31st. An open house is scheduled for October 18th and is intended to solicit broader public engagement in the initial stages of updating the comprehensive plan. Planning Commission Update After nearly 32 years of serving as a commissioner, Myer’s last meeting will be September 28th, 2023. City Council Update Two dedication agreements as well as an easement will be presented to City Council for approval at the September 18th meeting. PUBLIC COMMENT No comments were provided. ADJOURNMENT The meeting was adjourned at 4:01 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 19, 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: Hold a Public Hearing and Make a Recommendation to City Council Location: Southwest of Intersection Hill Street and Harvard Street Page 1 Spearfish Planning Commission Staff Report Meeting Date: September 19, 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 19, 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 was be published in the newspaper and sent to owners within 200 feet of the property boundary a minimum of 10 days prior to the public hearing. Comments of concern received from the public were related to potential impacts to parking and traffic in the immediate vicinity of the proposed development, impact to existing viewsheds, and lack of screening along the eastern property boundary. The proposed development meets the minimum parking requirements set forth within the zoning code, a traffic impact study is required as part of the proposed development, and special attention will be paid to the placement of landscaping Page 3 Spearfish Planning Commission Staff Report Meeting Date: September 19, 2023 at 3:00 p.m. materials when reviewing the building permit application to address screening concerns and impacts to the adjacent properties. 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 19, 2023 at 3:00 p.m. Zoning Map Page 5 Spearfish Planning Commission Staff Report Meeting Date: September 19, 2023 at 3:00 p.m. Elevation Page 6 Spearfish Planning Commission Staff Report Meeting Date: September 19, 2023 at 3:00 p.m. Site Plan Page 7 Spearfish Planning Commission Staff Report Meeting Date: September 19, 2023 at 3:00 p.m.

Agenda

Spearfish Planning Commission Agenda September 19, 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 September 5, 2023 D. Approve Agenda E. Declaration of Conflicts of Interest F. Items for Action 1. 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: Hold a Public Hearing and Make a Recommendation to City Council G. Items for Discussion 1. Planning Studies - Project Updates 2. 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 September 5th, 2023 at 3:00 p.m. The Spearfish Planning Commission met in regular session on Tuesday, September 5th at 3:00 p.m. in the council chamber of city hall and via Zoom video conference. Greg Kruskamp chaired and the meeting was called to order at 3:00 p.m. Roll call was taken with the following members present: Rick Tysdal, Toby Bordewyk, Meghan Byrum, Bob Myer, Larry Vavruska, Greg Kruskamp, and Amy Davison. Also present: Marlo Kapsa, Planning Director, Ashley McDonald, City Attorney, Steve McFarland, City Administrator, John Senden, Mayor, and Jaymia Ecker, Assistant Planning Director. APPROVAL OF MINUTES: Myer moved, Byrum seconded, and all voted to approve the minutes of the August 15th, 2023 Planning Commission meeting. APPROVAL OF AGENDA: A motion to amend the agenda to include “hold a public hearing” as an action for item 1 was made. Vavruska moved, Myer seconded, and all voted to approve the agenda of the September 5th, 2023 Planning Commission meeting with the amendment. DECLARATIONS OF CONFLICTS OF INTEREST: Kruskamp called for any potential conflicts of interest to be identified. Byrum declared a potential conflict of interest for item number 2 and removed themself from commenting and voting on this item. ITEMS FOR ACTION 1. 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: Approve the Concept and Final Plan and hold a public hearing The applicant was present but declined to present on the proposal. Kapsa stated that there have been no changes to the plans since they were last presented to the commission, reiterated that the proposal met standards and concluded that staff recommend approval. The public hearing was opened, no public comments were made, and the public hearing was closed. Bordewyk moved, Tysdal seconded, and all voted to approve the concept and final plan. Kapsa informed meeting attendees that this item will now go before city council for a public hearing and approval at the September 18th meeting. 2. Request: Approve a Final Plat for Lot 1R of Block 35 of Original Townsite of the City of Location: Southwest of Intersection East Illinois Street and 12th Street City of Spearfish City Council Chamber, 625 Fifth Street, Spearfish, SD Applicant: City of Spearfish Action: Hold a Public Hearing/Approve the Final Plat/Set a Public Hearing for September 18th, 2023 Kapsa stated the proposed plat would dedicate a 3,262 square foot portion of an Original Town lot as right-of-way for existing street infrastructure. The public hearing was opened, no public comments were made, and the public hearing was closed. Tysdal moved, Myer seconded, and all voted to approve the final plat. Vavruska moved, Bordewyk seconded, and all voted to set a public hearing at the September 18th, 2023 city council meeting. 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 18th, 2023 It was noted that the date of the public hearing should be set for September 19th, 2023. Kapsa summarized staff report noting that the annexation involves approximately 10 acres of property and the proposed rezoning of the property to R3 is in line with adjacent land uses including a multi-unit condo and training center. The developer intends to develop the property with two 95- 100 unit apartment buildings. Kapsa noted that the proposed meets standards for annexation and rezone, is in line with the comprehensive plan, and will contribute to the supply of rental units projected to be needed by 2030 in the Rapid City and Black Hills Area Housing Study. A commission member asked for clarification on term “amendment” in the staff report on this item. Kapsa clarified that this term refers to the proposed change in zoning. Tysdal moved, Byrum seconded, and all voted to set a public hearing at the September 19th, 2023 Planning Commission meeting. ITEMS FOR DISCUSSION Review of Planning Commission Role and Expectations Kapsa and McDonald made a presentation covering topics including the role of the planning commission in the planning process, planning authority as stipulated by federal and state law, open meeting laws, and the overarching responsibility of the commission to implement the city’s comprehensive plan. Review of Planning Commission Bylaws The current bylaws were reviewed and potential changes including the ability of the commission chairperson to vote on items was discussed. Proposed changes will be considered at the next meeting. Kapsa informed the commission that a stipend for commission member attendance at meetings has been included in the 2024 budget pending approval by City Council. Planning Studies - Project Updates The Colorado Boulevard corridor study stakeholder and public meetings were held on August 24th and well attended. Meeting materials are available on the study’s website and public comments can be submitted until September 24th. The first comprehensive plan update advisory committee meeting was held on August 31st. An open house is scheduled for October 18th and is intended to solicit broader public engagement in the initial stages of updating the comprehensive plan. Planning Commission Update After nearly 32 years of serving as a commissioner, Myer’s last meeting will be September 28th, 2023. City Council Update Two dedication agreements as well as an easement will be presented to City Council for approval at the September 18th meeting. PUBLIC COMMENT No comments were provided. ADJOURNMENT The meeting was adjourned at 4:01 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 19, 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: Hold a Public Hearing and Make a Recommendation to City Council Location: Southwest of Intersection Hill Street and Harvard Street Page 1 Spearfish Planning Commission Staff Report Meeting Date: September 19, 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 19, 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 was be published in the newspaper and sent to owners within 200 feet of the property boundary a minimum of 10 days prior to the public hearing. Comments of concern received from the public were related to potential impacts to parking and traffic in the immediate vicinity of the proposed development, impact to existing viewsheds, and lack of screening along the eastern property boundary. The proposed development meets the minimum parking requirements set forth within the zoning code, a traffic impact study is required as part of the proposed development, and special attention will be paid to the placement of landscaping Page 3 Spearfish Planning Commission Staff Report Meeting Date: September 19, 2023 at 3:00 p.m. materials when reviewing the building permit application to address screening concerns and impacts to the adjacent properties. 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 19, 2023 at 3:00 p.m. Zoning Map Page 5 Spearfish Planning Commission Staff Report Meeting Date: September 19, 2023 at 3:00 p.m. Elevation Page 6 Spearfish Planning Commission Staff Report Meeting Date: September 19, 2023 at 3:00 p.m. Site Plan Page 7 Spearfish Planning Commission Staff Report Meeting Date: September 19, 2023 at 3:00 p.m.

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