Planning Commission

Spearfish Planning Commission Agenda January 2, 2024 at 4:00 p.m. Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish, SD And Zoom Online Meeting Join Zoom Meeting https://us02web.zoom.us/j/84303583547 Meeting ID: 843 0358 3547 Or Dial in: +1 669 444 9171 and enter Meeting ID A. Call To Order B. Roll Call C. Approve the Minutes from December 19th, 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: Hold a Public Hearing and Make a Recommendation to City Council 2. Request: Approve a Final Plat of Lots 5A-1 and 6A-1 Location: Southwest of the Intersection of Upper Valley Rd and W Highway 14 Applicant: Jeffery Leonard (owner) Action: Make a Recommendation to City Council 3. Request: Approve a Final Plat of Lots 1 and 2 of the Dailey 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 4. Request: Approve a Final Plat for Centennial Vista Lots 7A and 8A of Centennial Vista Location: Centennial Vista Subdivision South of Pendo Road. Applicant: Tim Legel Action Make a Recommendation to City Council G. Items for Discussion 1. Project Updates 2. Current Topics in Planning – Safe Streets for All Grant 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 19th, 2023 at 3:00 p.m. The Spearfish Planning Commission met in regular session on Tuesday, December 19th 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 3:02 p.m. Roll call was taken with the following members present: Rick Tysdal, Greg Kruskamp, Larry Vavruska, Amy Davison, and Dylan Wilde. Also present: Marlo Kapsa, Planning Director, Ashley McDonald, City Attorney, John Senden, Major, and Jaymia Ecker, Assistant Planning Director. APPROVAL OF MINUTES: Vavruska moved, Davison seconded, and all voted to approve the minutes of the December 5th, 2023 Planning Commission meeting with the following amendment. Replace “Kruskamp” with “Tysdal” under item x. APPROVAL OF AGENDA: moved, 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 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 Kapsa provided details on the request for a change of zoning. Questions from the planning commission included requirement for a traffic impact study as part of the building permit application, future road connections, and historical use of the subject property. 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 Kapsa Vavruska moved, Davison seconded, and all voted to 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 Kapsa provided a summary of the staff report… Questions from the commission included responsibility of future road development, procedure for platting, rezoning, and annexation. Vavruska moved, Tysdal seconded, and the motion passed with one dissenting vote. ITEMS FOR DISCUSSION 1. Planning Studies - Project Updates a. Comprehensive plan advisory group meeting took place last week. b. Colorado blvd study was finalized c. Highway 85 corridor public meeting Feb 2. 2024 Efforts a. Current topics in planning i. Vision zero – street specs b. Potentially change the time of these meetings CITY COUNCIL UPDATE 2 plats were approved – preliminary plat off of false bottom Rezone of lot on sawmill property Spearfish trails plan. PUBLIC COMMENT Vavruska’s last meeting after 32 years on the planning commission. The Black Hills Pioneer published an article including an interview with Vavruska. ADJOURNMENT The meeting was adjourned at 4:03 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: January 2, 2024 at 4:00 p.m. Applicant: City of Spearfish Request: Approve a Change of Zoning from Agriculture to C2 Highway Commercial District Action: Hold a Public Hearing and Make a Recommendation to City Council 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: January 2, 2024 at 4:00 p.m. General Comments: The planning commission conducted an initial review of the request at the December 19th, 2023 meeting. Commissioners inquired about rezoning procedure, development plans, and future road connectivity. There have been no changes to the request since the initial review. Staff Review: 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. 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.” Page 2 Spearfish Planning Commission Staff Report Meeting Date: January 2, 2024 at 4:00 p.m.  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 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. A traffic impact study will be required as part of the development process. 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 the public hearing was published in the newspaper and sent to owners within 200 feet of the property boundary (64 certified letters) 10 days prior to the public hearing. One property owner called for clarification on the location of the property and potential property tax implications. 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: January 2, 2024 at 4:00 p.m. Zoning Map Page 4 Spearfish Planning Commission Staff Report Meeting Date: January 2, 2024 at 4:00 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: January 2, 2024 at 4:00 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: January 2, 2024 at 4:00 p.m. Applicant: Jeffery Leonard Request: Approve a Final Plat of Lots 5A-1 and 6A-1 a Subdivision of Government Lot 3 Section 4 T6N R2E Action: Southwest of the Intersection of Upper Valley Rd and W Highway 14 Location: Make a recommendation to City Council Proposal Summary: The final 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 garage situated parallel to the western boundary of the property. The structure currently encroaches on the adjacent lot to the north. The plat would align property boundaries with existing and proposed building structures and into compliance with minimum setback requirements. Page 1 Spearfish Planning Commission Staff Report Meeting Date: January 2, 2024 at 4:00 p.m. General Comments: The final plat is a minor plat located outside of city limits within the 3-mile platting jurisdiction. The sketch plat was reviewed by city staff and approved with stipulations by the planning commission at the December 19th, 2023 planning commission meeting. Staff would recommend approval of the plat with the noted stipulation. Staff Review: Lot 5A-1 is developed with a mobile home residence, garage and shed. The property owner of lot 5A-1 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 existing garage is completely within the owner’s lot. Staff recommend approval of the final plat. Zoning: The subject properties are zoned Highway Service Commercial District (Lawrence County zoning). The 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. Access: The lot line adjustment will not change access to either property. Proposed lot 5A-1 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: At the recommendation of the Planning Commission, the plat will go before City Council for consideration and a public hearing during the February 5th meeting. Summary: The final plat generally complies with all applicable county and city zoning and subdivision regulations. As such, staff would recommend approval of the final plat with the following stipulations. 1. 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 4 – Final Plat Page 2 Spearfish Planning Commission Staff Report Meeting Date: January 2, 2024 at 4:00 p.m. Sketch Plat Page 3 Spearfish Planning Commission Staff Report Meeting Date: January 2, 2024 at 4:00 p.m. Final Plat Page 4 Spearfish Planning Commission Staff Report Meeting Date: January 2, 2024 at 4:00 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: January 2, 2024 at 4:00 p.m. Applicant: Kevin Dailey Request: Approve a Final Plat of Lots 1 and 2 of the Dailey Subdivision Action: Make a Recommendation to City Council Location: Approximately 1 mile east of the intersection of Rainbow Rd. and E Colorado Blvd Proposal Summary: The final 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: January 2, 2024 at 4:00 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 final 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: The sketch plat was approved by the planning commission with stipulations at the December 19th meeting. Following approval of the final plat by Planning Commission, the plat will go before City Council for approval with a public hearing. Summary: Staff would recommend approval of the proposed Final Plat with the following stipulations. 1. The Lawrence County Commission shall approve the non-compliant lot size. The item will be on the January 2nd County Commission meeting agenda for consideration. 2. Prior to consideration by the City Council, the applicant shall submit an annexation and rezone request. 3. Prior to submittal of the mylar, the plat document shall be revised to show the right-of-way along the eastern property boundary as being fully platted out of both lots. STAFF CONTACT: Marlo Kapsa – Planning Director, 605-717-1122; marlo.kapsa@cityofspearfish.com ATTACHMENTS: Page 3 – Final Plat Page 4 - Future Roadway Network Page 2 Spearfish Planning Commission Staff Report Meeting Date: January 2, 2024 at 4:00 p.m. Final Plat Page 3 Spearfish Planning Commission Staff Report Meeting Date: January 2, 2024 at 4:00 p.m. Future Roadway Network Page 4 Spearfish Planning Commission Staff Report Meeting Date: January 2, 2024 at 4:00 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: January 2, 2024 at 4:00 p.m. Applicant: Tim Legel Request: Approve a Final Plat for Centennial Vista Lots 7A and 8A of Centennial Vista Action: Make a Recommendation to City Council Location: Centennial Vista Subdivision South of Pendo Road. Proposal Summary: The final plat involves a lot line revision between two parcels developed with single family residential homes in the Centennial Vista subdivision. The resulting parcels will be approximately the same area as they exist today at 3.77 and 3.36 acres to be known as Lot 8A and lot 7A respectively. Page 1 Spearfish Planning Commission Staff Report Meeting Date: January 2, 2024 at 4:00 p.m. General Comments: The proposed plat is outside of city limits within the 3-mile platting jurisdiction. The two subject parcels are currently developed with single family residential homes. This plat adjusts the shared boundary between the two lots in line with the topography of the area. Staff recommends approval of the final plat. Staff Review: Zoning: The subject properties are zoned Park Forest District (Lawrence County zoning). The proposed lots meet all minimum zoning district requirements. Utilities: The existing septic system components meet minimum DANR setback requirements from the revised lot lines. Access: The subject properties are in the Centennial Vista subdivision with access off Welcome Way and Fern View Road. The lot line adjustment will not change access to either property. Required right-of-way has already been dedicated for both roads. Platting Process: A preliminary plat was approved by the Planning Commission at the December 6th, 2023 meeting. Following approval of the final plat, the plat will go before City Council with a public hearing for approval on February 6, 2023. Summary: The proposed final plat generally complies with all applicable zoning and subdivision regulations. As such, staff would recommend approval of the 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: January 2, 2024 at 4:00 p.m. Final Plat Page 3 Spearfish Planning Commission Staff Report Meeting Date: January 2, 2024 at 4:00 p.m.