Planning Commission

Spearfish Planning Commission Agenda December 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 December 5th, 2023 D. Approve Agenda E. Declaration of Conflicts of Interest F. Items for Action 1. Request: Approve a Change of Zoning from Agricultural District to C2 Highway Commercial District Location: South of the Intersection of Paramount Dr and Tranquility Ln Applicant: Amigos, LLC Action: Conduct Initial Review of the Rezoning Request 2. Request: Approve a Sketch Plat of Lots 5A and 6A-1 Location: Near the Intersection of Upper Valley Rd and W Highway 14 Applicant: Jeffery Leonard (owner) Action: Approve the Sketch Plat with Stipulations 3. Request: Approve a Sketch Plat of Lots 1 and 2 of the Daily Subdivision Location: Approximately 1 mile east of the intersection of Rainbow Rd. and E Colorado Blvd Applicant: Kevin Dailey (owner) Action: Approve the Sketch Plat with Stipulations G. Items for Discussion 1. Planning Studies - Project Updates 2. 2024 Efforts 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 December 5th, 2023 at 3:00 p.m. The Spearfish Planning Commission met in regular session on Tuesday, December 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 3:08 p.m. Roll call was taken with the following members present: Meghan Byrum, Greg Kruskamp, Larry Vavruska, Amy Davison, and Dylan Wilde. Also present: Marlo Kapsa, Planning Director, John Senden, Major, Jaymia Ecker, Assistant Planning Director, and Sierra Ferguson, Black Hills Pioneer Newspaper. APPROVAL OF MINUTES: Vavruska moved, Wilde seconded, and all voted to approve the minutes of the November 21st, 2023 Planning Commission meeting. APPROVAL OF AGENDA: Wilde moved, Vavruska 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 Preliminary Plat for Lots 4 thru 11 and Dedicated Right-of-way of Block 1 of False Bottom Addition Location: Approximately ½ mile east of the Colorado Boulevard/27th Street intersection Applicant: Thevery, LLC Action: Hold a public hearing and make a recommendation to City Council Kapsa provided details on the preliminary plat and confirmed that it complies with all city standards. Staff recommended approval with stipulations detailed in the staff report. Tysdal inquired about plans for future rec path expansion and bike lines which include rec path north of Colorado Blvd and on street bike lanes on future collector roads. Kruskamp opened the public hearing. No comments were made, and the hearing was closed. Wilde moved, Vavruska seconded and all voted to approve the preliminary plat. The plat will go before City Council for consideration and a public hearing at the December 18th meeting. 2. Request: Approve a Sketch Plat for Centennial Vista Lots 7A and 8A of Centennial Vista Location: Centennial Vista Subdivision South of Pendo Road Applicant: Tim Legel (owner) Action: Approve the Sketch Plat with Stipulations Kapsa provided details on the sketch plat involving a lot line revision between two property owners and confirmed that it complies with all city standards. Staff recommended approval. Vavruska moved, Davison seconded, and all voted to approve the sketch plat. ITEMS FOR DISCUSSION Comprehensive Plan Update The next advisory group meeting is scheduled on December 12th. The agenda will include reviewing the draft housing existing conditions memo and proposed content for the vision statement. Highway 85 Corridor Study Kapsa noted that the Study Advisory Team had met the prior week and that the next public engagement opportunity for this project had been scheduled for February 27, 2024. Short Term Rental The application for the short-term rental task force is now closed. Staff will review applications and aim to have the task force in place by January. CITY COUNCIL UPDATE Kapsa stated that the first reading of the ordinance revision for rezone of building at sawmill property was approved at the last council meeting. PUBLIC COMMENT Vavruska announced that he will fulfil his term for this year but does not intend to serve on the commission in 2024. He has served as a planning commission member for 32 years. ADJOURNMENT The meeting was adjourned at 3:26 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: December 19th, 2023 at 3:00 p.m. Applicant: City of Spearfish Request: Approve a Change of Zoning from Agriculture to C2 Highway Commercial District Action: Conduct Initial Review of the Rezoning Request Location: South of the Intersection of Paramount Dr and Tranquility Ln Proposal Summary: The proposed request would rezone approximately 33.75 acres of property from Agriculture District (Ag) 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. Page 1 Spearfish Planning Commission Staff Report Meeting Date: December 19th, 2023 at 3:00 p.m. General Comments: The proposed rezone to C2 generally aligns with the existing surrounding city zoning. Property lying east of the subject property is zoned C2 with a mix of uses including a large hotel and convention center, restaurants, and a carwash. Adjacent property to the north and west is zoned Multifamily Residential (R-3) and Planned Unit Development (PUD) respectively. There are no existing structures on the subject property. The stated anticipated use of the property is light commercial (retail shops) on the south part of the property, multi-family residential or hotel directly to the north of the light commercial and townhomes on the western portion of the property. 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 surrounded by increasingly dense and varied land use on all sides and well suited to support the mix of retail, hotel, and residential uses identified in the development proposal. 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 approximately a quarter mile west of N 27th street, a major arterial street. There are adjacent collector streets to the north and southeast of the property and the property borders Interstate 90. 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 near N 27th Street which is classified as an arterial Street in the City’s Master Transportation Plan. Access to the property is provided via Paramount drive, a collector street, with a future collector street identified to be constructed through the site as part of this development proposal as required by the Master Transportation Page 2 Spearfish Planning Commission Staff Report Meeting Date: December 19th, 2023 at 3:00 p.m.  Plan. The proposed zoning district would allow for commercial development of this site in line with the surrounding mix of commercial and residential land uses. 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. Given the existing characteristics of this area, a rezoning of the subject property would allow for adaptive use of land that is under-utilized as it is currently zoned relative to the surrounding area. Public Comment: Notice of a public will be published in the newspaper and sent to owners within 200 feet of the property boundary 10 days prior to the public hearing. 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 with the following stipulations: 1. Upon submittal of the Preliminary Plat Application, a Traffic Impact Study shall be submitted along with all other required application materials. STAFF CONTACT: Marlo Kapsa – Planning Director, 605-717-1122; marlo.kapsa@cityofspearfish.com ATTACHMENTS: Page 4 – Zoning Map Page 5 – Spearfish Area Master Transportation Map Page 3 Spearfish Planning Commission Staff Report Meeting Date: December 19th, 2023 at 3:00 p.m. Zoning Map Page 4 Spearfish Planning Commission Staff Report Meeting Date: December 19th, 2023 at 3:00 p.m. Spearfish Area Master Transportation Plan Map (Arterial in red, collector in green, proposed collector in dashed green) Page 5 Spearfish Planning Commission Staff Report Meeting Date: December 19th, 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: December 19, 2023 at 3:00 p.m. Applicant: Jeffery Leonard Request: Approve a Sketch Plat of Lots 5A and 6A-1 Action: Near the Intersection of Upper Valley Rd and W Highway 14 Location: Approve the Sketch Plat with Stipulations Proposal Summary: The sketch plat involves a lot line revision between two properties outside of Spearfish City Limits within the 3-mile jurisdiction. The subject property is located at the intersection of Upper Valley Rd and W Highway 14 and is zoned Highway Service Commercial (Lawrence County zoning district). Proposed lot 6A-1 is developed with a large garage which currently encroaches on the adjacent lot. The proposed plat would bring the existing structures into compliance with minimum setback requirements. Page 1 Spearfish Planning Commission Staff Report Meeting Date: December 19, 2023 at 3:00 p.m. General Comments: The proposed plat is a minor plat located outside of city limits within the 3-mile platting jurisdiction. Proposed lot 5A is developed with a mobile home residence, garage and shed. The property owner is also proposing the development of a large commercial building on the west side of the property. Proposed lot 6A-1 is developed with a garage. The lot line revision will adjust the property boundary so that the garage is completely within the owner’s lot. Staff recommend approval of the preliminary plat. Staff Review: Zoning: The subject properties are zoned Highway Service Commercial District (Lawrence County zoning). The proposed plat brings both existing lots further into compliance with minimum County zoning criteria. Utilities: A 5’ utility easement is dedicated along the interior side of all lot lines as part of the plat. The property is served by a private well and septic systems. Prior to Final Plat approval, verification that the existing water and sewer infrastructure meetings mini Access: The lot line adjustment will not change access to either property. Proposed lot 5A is accessed from W. Highway 14 and proposed lot 6A-1 is accessed from Upper Valley Road. Existing right-of-way will not change as part of the plat. Platting Process: Following approval of the Sketch Plat by Planning Commission, the applicant may submit a Final Plat for review by the Planning Commission and for final approval with a Public Hearing by City Council. Summary: The proposed sketch plat generally complies with all applicable Zoning and Subdivision Regulations. As such, staff would recommend approval of the proposed Sketch Plat with the following stipulation. 1. Prior to submittal of the Final Plat, Lot 5A shall be renamed with a lot name that does not already exist. 2. Prior to approval of the building permit for the proposed storage structure, a Development Plan shall be approved by the Lawrence County Commission. STAFF CONTACT: Marlo Kapsa – Planning Director, 605-717-1122; marlo.kapsa@cityofspearfish.com ATTACHMENTS: Page 3 – Sketch Plat Page 2 Spearfish Planning Commission Staff Report Meeting Date: December 19, 2023 at 3:00 p.m. Sketch Plat Page 3 Spearfish Planning Commission Staff Report Meeting Date: December 19, 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: December 19, 2023 at 3:00 p.m. Applicant: Kevin Dailey Request: Approve a Sketch Plat of Lots 1 and 2 of the Daily Subdivision Action: Approve the Sketch Plat with Stipulations Location: Approximately 1 mile east of the intersection of Rainbow Rd. and E Colorado Blvd Proposal Summary: The sketch plat involves a subdivision of property outside of but adjacent to Spearfish City limits with access off Colorado Blvd. The property is currently zoned General Agriculture District and developed with a single-family residence. The proposed plat would create one 41-acre lot and one 37.31-acre lot to be known as Lot 1 and Lot 2 of the Dailey Subdivision respectively. Page 1 Spearfish Planning Commission Staff Report Meeting Date: December 19, 2023 at 3:00 p.m. General Comments: The proposed plat is a minor plat located outside of city limits within the 3-mile platting jurisdiction. The entirety of the property is currently zoned General Agriculture District (A1). The subdivision would create two lots consisting of 41 acres and 37.31 acres to be known as Lot 1 and Lot 2 of Dailey Subdivision. Staff recommend approval of the sketch plat with the noted stipulations. Staff Review: Zoning: The subject property is zoned General Agriculture District which requires a 40-acre minimum lot size. Proposed Lot 2 does not meet the minimum lot size requirement set forth under the A1 zoning regulations. The applicant does intend to pursue annexation and rezoning of Lot 2. As presented, this plat would require review and approval by the County Commission in tandem with a submitted annexation and rezone request for proposed Lot 2. Utilities: As part of the plat, a 5’ utility easement is dedicated along the interior of all lot lines. An access as utility easement will be created per this plat. A written easement agreement must be provided to be recorded with the Plat Document. Proposed Lot 2, which is intended to be annexed into City Limits must be served by City water and sewer facilities. Extension of services will be set as a condition of annexation. An additional stipulation of annexation of Lot 2 will be the requirement to purchase the necessary sewer capacity allotment. Access: Access to Lot 1, which is currently developed with a single-family residence will be provided by a private access and utility easement through the western portion of Lot 2. Access to Lot 2 will be required to be located off the new north/south road to be constructed along the eastern property boundary. The existing property owner and purchaser of Lot 2 have agreed that the responsibility of the construction of the future east/west collector street along the southern property will be shifted to the owner of Lot 1. The existing property owner understands that this will be a requirement of annexation for Lot 1 at time of future development. Platting Process: Following approval of the Sketch Plat by Planning Commission, the applicant may submit a Final Plat for review by the Planning Commission and for final approval with a public hearing by City Council. Summary: Staff would recommend approval of the proposed Sketch Plat with the following stipulation. 1. The Lawrence County Commission shall approve the non-compliant lot size. Prior to consideration by the County Commission, the applicant shall submit an annexation and rezone request. 2. Prior to submittal of the Final Plat, a 70-foot wide public right-of-way shall be dedicated along the eastern property boundary. 3. Should any of the dedicated right-of-way fall on the property to the east, an additional ownership signature block shall be added to the plat document. STAFF CONTACT: Marlo Kapsa – Planning Director, 605-717-1122; marlo.kapsa@cityofspearfish.com ATTACHMENTS: Page 3 – Sketch Plat Page 2 Spearfish Planning Commission Staff Report Meeting Date: December 19, 2023 at 3:00 p.m. Sketch Plat Page 3 Spearfish Planning Commission Staff Report Meeting Date: December 19, 2023 at 3:00 p.m.