Planning Commission

Spearfish Planning Commission Agenda November 21, 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 November 7, 2023 D. Approve Agenda E. Declaration of Conflicts of Interest F. Items for Action 1. Request: Approve a Final Plat for the combination of Lots 8 & 9 of The Meadows of Higgins Gulch Subdivision Location: Southwest of the intersection of Hillsview Road and Higgins Gulch Road; Within 3-Mile Extraterritorial Jurisdiction Area Applicant: Jared Lukens Black Action: 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: Hold a public hearing and make a recommendation to City Council G. Items for Discussion 1. Short-term rental Task Force 2. Planning Studies 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 November 7th, 2023 at 3:00 p.m. The Spearfish Planning Commission met in regular session on Tuesday, November 7th 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: Meghan Byrum, Rick Tysdal, Bob Myer, Greg Kruskamp, Amy Davison, Larry Vavruska, and Dylan Wilde. Also present: Marlo Kapsa, Planning Director, Ashley McDonald, City Attorney, Steve McFarland, City Administrator, and Jaymia Ecker, Assistant Planning Director. APPROVAL OF MINUTES: Tysdal moved, Vavruska seconded, and all voted to approve the minutes of the October 17rd, 2023 Planning Commission meeting. APPROVAL OF AGENDA: Tysdal moved, Wilde 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 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 Kapsa summarized the staff report stating the history of the one-acre subject property and use of the building as office space, a legal non-conforming use as it is currently zoned, at the time of annexation. Adjacent property to the north and west is zoned C2 and the rezone of this property to C2 would allow for future use of the existing building as office space. City staff recommend approval. A public hearing was held, and a member of the public asked for clarification on the intent of the rezone which was provided by Kapsa. Tysdal moved, Vavruska seconded, and all voted to approve the change of zoning. 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 Kapsa reviewed the rezoning request involving a property currently developed with office space and surrounded by a mix of zoning districts and land use including residential, townhomes, city recreation center, and office space. Members of the commission inquired about allowed uses if the property is rezoned, property owner’s intent, and potential impacts to adjacent property owners. A public hearing will be held at the next planning commission meeting. 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  Kapsa presented the preliminary plat request which would create two new lots 1 and 2 approximately 1.9 and 13 acres respectively. Staff has received construction plans for a new commercial use to be developed on proposed lot 1. Given that the proposal meets minimum lot size requirements, access, and infrastructure will be required per the developer’s agreement, staff recommend approval. Following approval of the preliminary plat, the plat will go before City Council for approval and then the applicant may submit the final plat. A public hearing was held with no comments from the public. Meghan moved to make a recommendation to approve the preliminary plat, Vavruska seconded, and all voted in favor to make a recommendation to approve the preliminary plat to City Council. ITEMS FOR DISCUSSION Comprehensive Plan Update Major themes from public input and stakeholder meetings to date are focused on housing concerns, preservation of open space, and access to recreation. The next advisory group meeting will take place in early December. Colorado Boulevard Corridor Study The draft study report is under review by the study advisory team. Following review, the draft report will be made public for additional input. Short Term Rental Application for short term rental task force will be available through the City’s website on November 15th. CITY COUNCIL UPDATE None. PUBLIC COMMENT Joe Jorgenson commented on the development of the original Walmart location and the shift of pubic option over time. ADJOURNMENT The meeting was adjourned at 3:37 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 21st, 2023 at 3:00 p.m. Applicant: Jared Lukens Black Request: Approve a Final Plat for the combination of Lots 8 & 9 of The Meadows of Higgins Gulch Subdivision Action: Make a recommendation to City Council Location: Southwest of the intersection of Hillsview Rd and Higgins Gulch Road; Within 3-Mile Extraterritorial Jurisdiction Area Proposal Summary: Lots 8 and 9 of Meadows of Higgins Gulch Subdivision would be combined to create an 8.1 acre lot. The preliminary plat for this project was reviewed and approved with stipulations by the Planning Commission on June 20th, 2023. Page 1 Spearfish Planning Commission Staff Report Meeting Date: November 21st, 2023 at 3:00 p.m. General Comments: The proposed Final Plat would create an 8.1-acre lot by combining existing Lots 8 and 9 of the Meadows of Higgins Gulch Subdivision. Overall, the request aligns with the County’s Zoning requirements and the Three-Mile Subdivision Ordinance requirements. Staff Review: Zoning: The property is currently zoned Park Forest District (Lawrence County zoning district) and developed with a single-family home. The proposed lot size meets the minimum criteria set forth within the Park Forest District zoning regulations. Utilities: The existing residence is served by a private well and onsite wastewater system. The proposed lot meets all minimum DANR standards to support both a well and onsite wastewater system. Access: Access is provided to the proposed lot via a 66-foot public access easement branching from Higgins Gulch Road. Prior to submittal of the mylar for recording, the applicant must work with the City and County to determine who has the authority to sign for the road jurisdiction approval. Floodplain: A portion of the proposed Lot 10A is within the 100-year floodplain area. The existing residence is outside of this floodplain area. The surveyors note includes details on the presence of the floodplain. Platting Process: A sketch plat was approved with stipulations by the planning commission on June 20th, 2023. Following planning commissions recommendation, the plat will go before City Council for final review and decision. Summary: The proposed plat generally complies with all applicable Zoning and Subdivision Regulations. Staff recommend approval with the following stipulation. 1. Prior to submitting the mylar, surveyor shall remove the floodplain boundaries from the plat document. 2. Prior to submittal of the mylar for recording, the applicant must work with City and County staff to determine who has the authority to sign for the road jurisdiction approval. STAFF CONTACT: Marlo Kapsa – Planning Director, 605-717-1122; marlo.kapsa@cityofspearfish.com ATTACHMENTS: Page 3 – Aerial Map Page 4 – Sketch Plat Page 5 – Final Plat Page 2 Spearfish Planning Commission Staff Report Meeting Date: November 21st, 2023 at 3:00 p.m. Aerial Map Page 3 Spearfish Planning Commission Staff Report Meeting Date: November 21st, 2023 at 3:00 p.m. Sketch Plat Page 4 Spearfish Planning Commission Staff Report Meeting Date: November 21st, 2023 at 3:00 p.m. Final Plat Page 5 Spearfish Planning Commission Staff Report Meeting Date: November 21st, 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 21st, 2023 at 3:00 p.m. Applicant: City of Spearfish Request: Approve a Change of Zoning from C3 Central Core Commercial to C2 Highway Commercial Action: Hold a Public Hearing and Make a Recommendation to City Council Location: Northwest of the intersection of Vermont Street and N Main Street Proposal Summary: The proposed request would rezone approximately 0.5 acres of property from Office Commercial District (C3) to Highway Commercial District (C2). Page 1 Spearfish Planning Commission Staff Report Meeting Date: November 21, 2023 at 3:00 p.m. General Comments: The proposed rezone to C2 generally aligns with existing surrounding city zoning. Property lying north and east of the subject property is zoned C2 with a mix of uses including a recreation center and office space. The property to the south is zoned Planned Unit Development (PUD) and currently developed with townhomes. The rezone to C2 would allow for the continuation of the existing office use and allow for a wider array of commercial uses in the future. 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 is currently developed with an office building which is occupied by an insurance company. Adjacent property to the north and east is zoned C2 and developed with the Spearfish Recreation and Aquatics Center and a large office building currently occupied by the Forest Service. Property to the south is zoned PUD and developed with townhomes. The western property line abuts a Single-Family Residential District (R1). The subject property is located one block west of North Avenue and in close proximity to a mix of varying intensities of commercial land uses. The rezone request from C3 to C2 would align with the character of the surrounding highway commercial district to the north and east. The proposed rezone to C2 would allow for more intensive commercial uses adjacent to the residential uses to the west and south of the subject property than the C3 zone would otherwise allow. 2. Be consistent with the intent and purposes of the ordinance: a. The C2 Highway Commercial District 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 N Main Street, which is classified as a local street at this location. It is important to note that the language of the description of the C2 district does allow for some flexibility in relation to proximity to major streets in that the C2 zone is “typically located and grouped along a major street.” b. The existing zoning of C3 district aligns with the intent and purposes of the ordinance in that it is “intended to provide a place for those types of institutional and commercial activities where separate buildings and building groups are often surrounded by landscaped yards and open areas. Land, space, and aesthetic requirements of these uses make desirable either a central location or a suburban location near residential neighborhoods.” This property currently provides a buffer to the existing residential development from the adjacent C2 zoning along the North Avenue Corridor. 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 Page 2 Spearfish Planning Commission Staff Report Meeting Date: November 21, 2023 at 3:00 p.m.  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. Promote the integration of commercial land uses into residential locations to reduce reliance on vehicular travel. 1. The proposed rezone advances this goal by allowing for a wider range of commercial uses adjacent to the existing residential development. ii. 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 would allow for more intensive development and less restrictive density and setback restrictions should the property be redeveloped or altered. The rezone is in line with the above stated strategy. b. The proposed development does not align 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 at the intersection of North Main Street and Vermont Street, both classified as a local roads in the City’s Master Transportation Plan. While North Main Street lying south of the intersection of North Main Street and West Nevada Street is classified as an arterial road, the existing street classification of Vermont Street and North Main Street as it continues further north adjacent to this property is a local street which does conflict with the above comprehensive plan strategy. Public Comment: Notice of a public hearing was published in the newspaper and sent to owners within 200 feet of the property boundary 10 days prior to the public hearing. Staff responded to three inquiries from notified members of the community about the additional allowed uses should the property be rezoned to C2. Summary: While the proposed rezone does align with adjacent zoning and land uses, complies with the City’s existing Zoning Ordinance, helps realize certain Land Use and City Form strategies set forth within the existing Comprehensive Plan, it does conflict with other strategies in the existing Comprehensive Plan. As such, staff would not recommend approval of the proposed rezone Page 3 Spearfish Planning Commission Staff Report Meeting Date: November 21, 2023 at 3:00 p.m. based on the ordinance requirement that rezones must be consistent with and not in conflict with the Spearfish Comprehensive Plan. STAFF CONTACT: Marlo Kapsa – Planning Director, 605-717-1122; marlo.kapsa@cityofspearfish.com ATTACHMENTS: Page 5 – Zoning Map Page 4 Spearfish Planning Commission Staff Report Meeting Date: November 21, 2023 at 3:00 p.m. Zoning Map Page 5 Spearfish Planning Commission Staff Report Meeting Date: November 21, 2023 at 3:00 p.m.