Planning Commission

Spearfish Planning Commission Agenda November 7, 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 October 17, 2023 D. Approve Agenda E. Declaration of Conflicts of Interest F. Items for Action 1. Request: Approve a Change of Zoning from Heavy Industrial District to C2 Highway Commercial District Location: West of the Intersection of Colorado Boulevard and Maitland Road Applicant: City of Spearfish Action: Hold a Public Hearing and Make a Recommendation to City Council 2. Request: Approve a Change of Zoning from C3 Office Commercial District to C2 Highway Commercial District Location: Southwest of Intersection of Recreation Lane and North Main Street Applicant: Caudill-Leavitt Properties Action: Conduct Initial Review of the Rezoning Request 3. Request: Approve a Preliminary Plat for Lots 1 and 2 of Block 2 of Dodds Subdivision Location: Southeast of the intersection of 1st Avenue and Seaton Drive Applicant: Houston Engineering, Inc Action: Hold a Public Hearing and Make a Recommendation to City Council G. Items for Discussion 1. Planning Studies - Project 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 October 17th, 2023 at 3:00 p.m. The Spearfish Planning Commission met in regular session on Tuesday, October 17th 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, Bob Myer Toby Bordewyk, Greg Kruskamp, Amy Davison, and Dylan Wilde. Also present: Marlo Kapsa, Planning Director, Ashley McDonald, City Attorney, Steve McFarland, City Administrator, and Jaymia Ecker, Assistant Planning Director, Gabby Voeller, Lindsey Romaniello, and Noelle Gignoux, SE Group. APPROVAL OF MINUTES: Tysdal moved, Myer seconded, and all voted to approve the minutes of the October 3rd, 2023 Planning Commission meeting. APPROVAL OF AGENDA: Tysdal moved, Davison seconded, and all voted to approve the agenda of the meeting as presented. DECLARATIONS OF CONFLICTS OF INTEREST: Kruskamp called for any potential conflicts of interest to be identified. None were identified ITEMS FOR DISCUSSION Comprehensive Plan Update Presetnation and Q&A Session – SE Group The meeting was dedicated to discussing the comprehensive plan update. Kapsa introduced consultants from SE group, the company contracted for the project. Gabby Voeller, project manager, gave a presentation covering the project timeline, progress to date, and details on the open house and online engagement platform. Lindsey Romaniello demonstrated the capabilities of the online platform, www.spearfishcompplansurvey.com, and encouraged the commission to share broadly. Discussion included the topics of housing, land use, and regional planning. Community member Joe Jorgensen commented his history as a developer in the area and public perception of development. Short Term Rental Discussion Task force application will be available in the coming weeks. CITY COUNCIL UPDATE The rezone and TIF related to the Hill Street property were both approved. Miller Ranch Avenue and additional infrastructure were dedicated to the city. Covenants associated with phase two of the Sky Ridge development were approved -- notably the term was extended from two years in phase one to twenty years in phase two of the development. PUBLIC COMMENT No public comments were provided. ADJOURNMENT The meeting was adjourned at 4:35 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: November 7, 2023 at 3:00 p.m. Applicant: City of Spearfish Request: Approve a Change of Zoning from Heavy Industrial District to C2 Highway Commercial District Action: Hold a Public Hearing and Make a Recommendation to City Council Location: West of the Intersection of Colorado Boulevard and Maitland Road Proposal Summary: The proposed request would rezone one acre of property from Heavy Industrial District to C2 Highway Commercial District (C2). The proposed rezone is in alignment with Land Use and City Form goals and strategies set forth within the City’s Comprehensive Plan and aligns with existing surrounding zoning and land use. The proposed rezone would bring a currently legal conforming Page 1 Spearfish Planning Commission Staff Report Meeting Date: October 3, 2023 at 3:00 p.m. office building use into compliance with City Zoning regulations. General Comments: The proposed rezone to C2 generally aligns with existing surrounding city zoning. Property lying north and west of the subject property is zoned C2 with a mix of uses including storage units, boat sales, an indoor golf facility, and office spaces. The property directly east of the subject property is currently zoned Heavy Industrial District and is largely undeveloped aside from a few remaining outbuildings. The property to be rezoned is currently developed with an office building, which was a legal non-conforming use when the property was annexed. The rezone to C2 District would allow for future office use of the building to be compliant with City zoning regulations. 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 subject property used to be home to the former McLaughlin Sawmill. The property was purchased by the City in late 2017. The existing zoning of the property is Heavy Industrial District which aligned with the use of a sawmill. The sawmill use no longer exists and the area surrounding the site has since developed with commercial uses allowed within the C2 district. The proposed rezone would allow the existing office building to function as an office space moving forward and will better reflect the more commercial needs of the surrounding area. 2. Be consistent with the intent and purposes of the ordinance: a. The purpose and intent of the C2 zone is “established for the accommodation of retail and business service activities and are typically located and grouped along a major street, street intersection or highway interchange, generating a considerable volume of vehicular traffic.” The subject property is located along Colorado Boulevard, a major arterial street, and is developed with an office building. An office space would be considered a permitted use within the C2 District. As such, the proposed rezone aligns with the purpose and intent of the ordinance. 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 Page 2 Spearfish Planning Commission Staff Report Meeting Date: October 3, 2023 at 3:00 p.m.  ii. major streets, and the less intense uses on the minor/local streets.” 1. The subject property is located adjacent to Colorado Boulevard which is classified as an arterial Street in the City’s Master Transportation Plan. The existing development of this site aligns with the surrounding commercial development along a rapidly developing major commercial corridor. iii. Encourage the adaptive re-use of existing structures and under-utilized lands to raise the visual quality and vitality in the community, reduce sprawl, and make efficient use of existing community infrastructure. 1. Rezoning of the subject property will ensure the existing office building continues to see permitted use in line with the surrounding development. Public Comment: Notice of a public was published in the newspaper and sent to owners within 200 feet of the property boundary 10 days prior to the public hearing. No comments have been received at the time of writing of this staff report. Summary: The proposed rezone aligns with adjacent zoning and land uses, 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 rezone. STAFF CONTACT: Marlo Kapsa – Planning Director, 605-717-1122; marlo.kapsa@cityofspearfish.com ATTACHMENTS: Page 5 – Zoning Map Page 3 Spearfish Planning Commission Staff Report Meeting Date: October 3, 2023 at 3:00 p.m. Zoning Map Page 4 Spearfish Planning Commission Staff Report Meeting Date: October 3, 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: November 7, 2023 at 3:00 p.m. Applicant: Houston Engineering, Inc Request: Approve a Preliminary Plat for Lots 1 and 2 of Block 2 of Dodds Subdivision to the City of Spearfish Action: Approve with Stipulations Location: Southeast of Intersection of 1st Avenue and Seaton Drive; Proposal Summary: The proposed plat would create two new lots to be known as Lot 1 (1.89 acres) and Lot 2 (12.73 acres) from an existing 10.89 acre undeveloped parcel located southeast of 1st avenue and Seaton Circle. Page 1 Spearfish Planning Commission Staff Report Meeting Date: November 7, 2023 at 3:00 p.m. General Comments: The proposed plat would create two new lots to be known as Lot 1 (1.89 acres) and Lot 2 (12.73 acres) from an existing 10.89 acre parcel located southeast of the intersection of 1st avenue and Seaton Circle. The parcel is currently undeveloped. Staff have received construction plans for a new commercial use to be developed on proposed Lot 1. The proposed plat meets all minimum zoning and subdivision criteria. Staff would recommend approval with the stipulations noted at the end of the staff report. Staff Review: Zoning: The property is currently zoned C2 Highway Commercial District. The proposed lot sizes of 1.89 and 12.73 acres meet the minimum lot size requirements of 5,000 square feet. Utilities: City sewer and water services are present within 1st Avenue right-of-way. Extension of sewer and water main will be required to be installed to the terminus of proposed Dodds Drive right-of-way. Access: Access to Lot 1 is provided via 1st Avenue. Access to the remainder property will be provided by a new north/south street to be built to minimum City standards adjacent to the eastern lot line of Lot 1. Prior to final plat submittal, the proposed road name of Dodds Drive must be approved by the County e911 coordinator. The developer intends to bond for the construction of Dodds Drive which will require City Council approval. Platting Process: Following approval of the Preliminary Plat by the Planning Commission, the plat will go before the City Council for final approval. Following Preliminary Plat approval, the applicant may submit for Final Plat approval once all stipulations noted below have been addressed. Summary: The proposed plat generally complies with all applicable Zoning and Subdivision Regulations. As such, staff would recommend approval of the proposed plat with the following stipulations: 1. Prior to Final Plat submittal, a complete set of construction plans for Dodds Drive shall be submitted for review and approval. 2. Prior to submittal of the Final Plat, all staff comments from the Preliminary Plat review shall be addressed. 3. Prior to submittal of the Final Plat, the County e911 coordinator shall approve of the proposed name for Dodds Drive 4. Prior to recording the Final Plat, City Council shall approve allowance of the use of a financial guarantee at 150% of the approved engineers estimate in lieu of completion of Dodds Drive construction. 5. Prior to recording the Final Plat, the Developer shall enter into a Developer’s Agreement with the City of Spearfish. Page 2 Spearfish Planning Commission Staff Report Meeting Date: November 7, 2023 at 3:00 p.m. STAFF CONTACT: Marlo Kapsa – Planning Director, 605-717-1122; marlo.kapsa@cityofspearfish.com ATTACHMENTS: Page 4 – Aerial Map Page 5 – Preliminary Plat Page 3 Spearfish Planning Commission Staff Report Meeting Date: November 7, 2023 at 3:00 p.m. Aerial Map Page 4 Spearfish Planning Commission Staff Report Meeting Date: November 7, 2023 at 3:00 p.m. Preliminary Plat Page 5 Spearfish Planning Commission Staff Report Meeting Date: November 7, 2023 at 3:00 p.m.