Planning Commission

Spearfish Planning Commission Agenda May 21, 2024 at 4:00 p.m. Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish, SD And Zoom Online Meeting https://us02web.zoom.us/j/82061243296 Meeting ID: 820 6124 3296 A. Call To Order B. Roll Call C. Approve the Minutes from May 7th, 2024 meeting D. Approve Agenda E. Declaration of Conflicts of Interest F. Items for Action 1. Request: Approve a concurrent request for annexation and change of zoning from County Ag-1 to City DRD (Development Review District) with final plan approval Location: Lot 2 of the Dailey Subdivision; approximately 1/4 mile east of Rainbow Road; South side of Colorado Boulevard Applicant: Kevin and Kayla Dailey Action: Close the public hearing 2. Request: Approve a final plat of Parcel 1 Revised and Parcel 2 Revised Location: North of Interstate 90 and East of Caballo Drive within the extraterritorial jurisdiction Applicant: Raymond Hansen Action: Approve the Final Plat with stipulations 3. Request: Approve a final plat of WBI Utility Lot Location: Approximately 0.3 mi East of the intersection of U.S Highway 85 S and Crook City Road within the extraterritorial jurisdiction Applicant: Zachary and Sara Carter Action: Approve the Final Plat with stipulations 4. Request: Approve a sketch plat of Tract M-1 Location: North of the intersection of Oliver Street and McGuigan Road within the extraterritorial subdivision jurisdiction. Applicant: John and Jeanne Rogers Action: Approve the Sketch Plat with stipulations  5. Request: Approve a preliminary plat for the Dakota Sun Subdivision Location: Sapphire Lane approximately 1/2 mile south of Diamond Drive within the extraterritorial jurisdiction Applicant: Dakota Custom Properties LLC Action: Set a public hearing for June 4, 2024 6. Request: Approve a change of zoning from Agriculture to Central Commercial for Eastside Acres Development Location: 6025 E Colorado Boulevard immediately west of the Sky Ridge development Applicant: Lorri Riley Action: Provide initial review and set public hearing for June 4, 2024 G. Public Comment - Public comments are welcome at this time, however, no action will be taken. H. Adjournment ADA Compliance: The City of Spearfish fully subscribes to the provisions of the Americans with Disabilities Act. If you desire to attend this public meeting and need special accommodations, please notify the Building and Development Office at 642-1335 and 24 hours prior to the meeting so that appropriate auxiliary aids and services are available.  Spearfish Planning Commission Regular Session Minutes May 7, 2024 at 4:00 p.m. The Spearfish Planning Commission met in regular session on Tuesday, May 7, 2024 in the council chamber of city hall and via Zoom video conference. Greg Kruskamp called the meeting to order at 4:00 p.m. Roll call was taken with the following members present: Amy Davison, Greg Kruskamp, Rick Tysdal, and Dylan Wilde. Absent: Toby Bordewyk and Meghan Byrum. Also present: Jaymia Ecker, Assistant Planning Director, Jayna Watson, City Planner, Ashley McDonald, City Attorney and John Senden, Mayor. APPROVAL OF MINUTES: Tysdal moved, Davison seconded, and all voted to approve the minutes of the April 16, 2024 Planning Commission meeting. APPROVAL OF AGENDA Davison 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. No conflicts were identified. ITEMS FOR ACTION: 1. Request: Approve a concurrent request for annexation and change of zoning from County Ag-1 to City DRD (Development Review District) with final plan approval. Location: Lot 2 of the Dailey Subdivision; approximately 1/4 mile east of Rainbow Road; South side of Colorado Boulevard Applicant: Kevin J. Dailey Action: Continue the public hearing. Ecker noted that the previous staff reports contain details about the project and the reason for continuance to enable Intellicore and property owner time to complete ongoing project discussion. Tysdal moved, Davison seconded, and all voted to continue the public hearing. 2. Request: Approve a sketch plat of Parcel 1 Revised and Parcel 2 Revised Location: North of Interstate 90 and East of Caballo Drive within the extraterritorial jurisdiction Applicant: Raymond Hansen Action: Approve the sketch plat with stipulations Shannon Vasknetz represented the applicant and presented the plat request. Ecker presented the staff report and staff recommendation with stipulations. Tysdal moved, Davison seconded and all voted to approve the sketch plat with stipulations. 3. Request: Approve a sketch plat of WBI Utility Lot Location: Approximately 0.3 mi East of the intersection of U.S Highway 85 S and Crook City Road within the extraterritorial jurisdiction Applicant: Zachary and Sara Carter Action: Approve the sketch plat with stipulations Ecker presented the staff report and staff recommendation with stipulations. Davison moved, Wilde seconded and all voted to approve the sketch plat with stipulations.  Page 2 May 7, 2024 Spearfish Planning Commission Minutes 4. Items for Discussion - Update on Planning Director Role – Ecker noted that the new planning director will start his duties on June 3rd. - Joint land use meeting with Lawrence County tentatively scheduled June 25th – due to unforeseen circumstances, this meeting will be moved from May to June. 5. Public Comment – No comments were made ADJOURNMENT: Meeting was adjourned at 4:22 p.m.  Spearfish Planning Commission Staff Report Meeting Location: 625 Fifth Street, Spearfish SD, Council Chamber of City Hall and by Zoom Online Meeting - instructions to join on page 2 Meeting Date and Time: May 21st, 2024 at 4:00 p.m. Applicant: Kevin J. Dailey Request: Approve a concurrent request for annexation and change of zoning from County Ag-1 to City DRD (Development Review District) with final plan approval. Action: Close the public hearing Location: Lot 2 of the Dailey Subdivision; approximately 1/4 mile east of Rainbow Road; South side of Colorado Boulevard (pink = existing city limits) Page 1 Spearfish Planning Commission Staff Report Meeting Date: May 21st, 2024; 4:00 p.m. BACKGROUND AND HISTORY: Please reference the following meeting agendas, staff reports, and minutes for details on this item: - March 19th, 2024 - April 2nd, 2024 - April 16th, 2024 - May 7th, 2024 The real estate closing on this property was scheduled for May 14th. The applicant informed the City on May 17th that the closing did not take place as planned. They do not intend to pursue the annexation and change of zoning at this time. PUBLIC COMMENTS: No additional public comments have been received as of the writing of this report. STAFF RECOMMENDATION: Staff recommend that the Planning Commission close the public hearing. Staff Contact: Jaymia Ecker Assistant Planning Director jaymia.ecker@cityofspearfish.com 605.722.2559 Join Zoom Meeting https://us02web.zoom.us/j/82061243296 Meeting ID: 820 6124 3296 Page 2 Spearfish Planning Commission Staff Report Meeting Date: May 21st, 2024; 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 – instructions to join on page 2 Meeting Date and Time: May 21st, 2024 at 4:00 PM Applicant: Raymond Hansen Request: Approve a final plat of Parcel 1 Revised and Parcel 2 Revised Action: Approve a final plat with stipulations Location: North of Interstate 90 and East of Caballo Drive within the extraterritorial jurisdiction Interstate 90 Proposal Summary: The proposed plat is a lot line revision between two existing lots. No additional subdivision is taking place. Page 1 Spearfish Planning Commission Staff Report Meeting Date: May 21st, 2024 General Comments This is a minor plat within the extraterritorial jurisdiction. The property is zoned A-1 (Lawrence County zoning district). The plat would shift the shared boundary between the two parcels to the east resulting in a ~25 acre lot, Parcel 1 Revised, and an ~11.5 acres lot, Parcel 2 Revised. Staff Review Zoning: The subject property is zoned A-1. Resulting lots do not meet the 40-acre minimum lot size required by this zoning district. Existing lots are nonconforming as well. Lawrence county has reviewed the plat and does not have concerns. Utilities: The plat dedicates a 50’ access and utility easement through Parcel 1 Revised well as a 5’ public utility easement along the interior sides of all lot lines. There is an existing 20’ waterline easement. This easement is extended through Parcel 1 Revised to serve Parcel 2 Revised by the plat. Access: There is an existing 60’ access easement for Caballo Road providing access to Parcel 1 Revised. There is an existing 50’ access and utility easement through Parcel 1. This easement is extended through Parcel 1 Revised to Parcel 2 Revised by the plat. See attached. Platting Process: Staff provided initial comments to the applicant and sought County input on the proposed revision. The final plat has been updated to reflect staff comments and will go before City Council for consideration with a public hearing. Summary and Staff Recommendation: Approve; final plat reflects the stipulations noted in the May 7th staff report. Staff Contact Jaymia Ecker Assistant Planning Director jaymia.ecker@cityofspearfish.com 605.722.2559 Join Zoom Meeting: https://us02web.zoom.us/j/82061243296 Meeting ID: 820 6124 3296 Phone: 1 346 248 7799 Page 2 Spearfish Planning Commission Staff Report Meeting Date: May 21st, 2024 Attachments: Page 3 – Previously approved plat from 2019 Page 4 - Sketch plat submittal with staff comments Page 5 – Final plat incorporating staff comments/stipulations Page 3 Spearfish Planning Commission Staff Report Meeting Date: May 21st, 2024  Page 4 Spearfish Planning Commission Staff Report Meeting Date: May 21st, 2024  Page 5 Spearfish Planning Commission Staff Report Meeting Date: May 21st, 2024  Page 6 Spearfish Planning Commission Staff Report Meeting Date: May 21st, 2024  Spearfish Planning Commission Staff Report Meeting Location: 625 Fifth Street, Spearfish SD, Council Chamber of City Hall and by Zoom Online Meeting – instructions to join on page 2 Meeting Date and Time: May 21st, 2024 at 4:00 PM Applicant: Zachary and Sara Carter Request: Approve a final plat for WBI Utility Lot in Tract CP2, SE1/4 Section 26 T6N R3E Action: Approve the final plat with stipulations Location: Approximately 0.3 mi East of the intersection of U.S Highway 85 S and Crook City Road within the extraterritorial jurisdiction Crook City Road Proposal Summary: This will result in the creation of a platted lot for an existing WBI Energy pipeline operations site. Page 1 Spearfish Planning Commission Staff Report Meeting Date: «Meeting_Date» General Comments This is a minor plat within the extraterritorial jurisdiction. There are existing WBI utility facilities. The resulting utility lot is approximately 2 acres. Staff Review Zoning: The property is currently zoned AG-1 (Lawrence County). Although the county’s zoning requires a minimum lot size of 40 acres, utility tracts and similar parcels are permitted to be smaller as long as the plat contains a note that no residential structure is permitted on the property. Utilities: No utilities are required to serve this site since no residential structures are permitted. Access: The applicant is still in the process of coordinating with the County highway department to determine if access can be taken directly from Crook City Road or alternative access from the section line to the east. Either way, the final plat may still be approved by the Spearfish Planning Commission. Platting Process: Staff provided initial comments to the applicant and sought County input on the access and nonconforming lot size. The next step in the process is for the final plat to be approved by City Council. Summary and Staff Recommendation: The stipulations noted below and in the sketch plat approval have been communicated with the applicant. They are still coordinating with the county on the access. To keep the process moving, staff recommend approving the final plat with the following stipulations: 1. Revise plat to include 33 feet of dedicated public right of way for Crook City Road prior to printing the mylar. 2. Revise plat to include the following note prior to printing the mylar: a. “No building permit may be issued on this lot for a residential structure. A building permit may be issued for a wall or fence enclosure or a site operations structure.” 3. Applicant must coordinate with Lawrence County to receive road authority approval prior to printing the mylar. Staff Contact Jaymia Ecker Assistant Planning Director jaymia.ecker@cityofspearfish.com 605.722.2559 Join Zoom Meeting: https://us02web.zoom.us/j/82061243296 Meeting ID: 820 6124 3296 Phone: 1 346 248 7799 Page 2 Spearfish Planning Commission Staff Report Meeting Date: «Meeting_Date» Attachments Page 4 – Aerial Map Page 5 – Sketch plat submittal with staff comments to be updated on final plat Page 3 Spearfish Planning Commission Staff Report Meeting Date: «Meeting_Date»  WBI Utility Lot Centennial Quarry Crook City Rd. Page 4 Spearfish Planning Commission Staff Report Meeting Date: «Meeting_Date»  Page 5 Spearfish Planning Commission Staff Report Meeting Date: «Meeting_Date»  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: May 21st, 2024 at 4:00 PM Applicant: John Rogers Request: Approve a sketch plat of Tract M-1 Action: Approve sketch plat with stipulations Location: North of the intersection of Oliver Street and McGuigan Road within the extraterritorial subdivision jurisdiction. McGuigan Road Oliver Street Proposal Summary: The proposed plat will create a 10.8 acre parcel, leaving a remainder of 13.2 acres. Page 1 Spearfish Planning Commission Staff Report Meeting Date: May 21st, 2024 General Comments: This is a minor plat within the extraterritorial jurisdiction. Staff Review Zoning: The parcel is zoned SRD – Suburban Residential District (Lawrence county zoning designation). The minimum lot size for this district is 2 acres; sketch plat complies at 10+ acres. Utilities: Water and sewer services are based on the lot size according to the 3-mile extraterritorial jurisdiction subdivision ordinance. Residential lots 2 acres and larger may be on private/shared wells and septic systems. Residential lots smaller than 2 acres and commercial land uses (if rezoned) must be connected to public water and sewer. Access: McGuigan Road is the primary access to the parcel and is a major arterial on the Master Transportation Plan. All necessary right of way has been dedicated for this roadway. Platting Process: If the sketch plat is approved, the final plat may be submitted for staff review and planning commission approval. The final plat will go before City Council for consideration with a public hearing. Summary and Staff Recommendation: Approve with the following stipulations. 1. Applicant must coordinate with Lawrence County to receive road authority approval prior to final plat approval Staff Contact Jaymia Ecker Assistant Planning Director jaymia.ecker@cityofspearfish.com 605.722.2559 Join Zoom Meeting: https://us02web.zoom.us/j/82061243296 Meeting ID: 820 6124 3296 Phone: 1 346 248 7799 Attachments Page 3 – Sketch plat submittal Page 2 Spearfish Planning Commission Staff Report Meeting Date: May 21st, 2024  Page 3 Spearfish Planning Commission Staff Report Meeting Date: May 21st, 2024  Spearfish Planning Commission Staff Report Meeting Location: 625 Fifth Street, Spearfish SD, Council Chamber of City Hall and by Zoom Online Meeting – instructions to join on page 3 Meeting Date and Time: May 21st, 2024 at 4:00 p.m. Applicant: Dakota Custom Properties LLC Request: Approve a preliminary plat for Lots 1 - 6 of Dakota Sun Subdivision. Action: Set public hearing for June 4th, 2024 Location: Extraterritorial jurisdiction; Sapphire Lane approximately 1/2 mile south of Diamond Drive Diamond Dr. Hwy 14 Sapphire Ln. Proposal Summary: The proposed plat is a subdivision of a 14.6 acres parcel into 6 lots each approximately 2 acres in size and intended for residential development. Page 1 Spearfish Planning Commission Staff Report Meeting Date: May 21st, 2024 at 4:00 p.m. General Comments This is a major preliminary plat within the extraterritorial jurisdiction and located within the boundaries of the Sapphire Lane Road District, which is the entity responsible for road maintenance on Sapphire Lane. Staff Review Zoning: The subject property is zoned SRD (Suburban Residential District), a Lawrence County zoning district. The proposed plat meets the required 2 acres minimum per this zoning district. Utilities: The 3-mile extra-territorial subdivision ordinance permits individual or shared wells and individual septic systems when lot sizes are 2 acres and larger. All wells and septic systems must be designed and permitted according to the standards established by DANR. Access: Access to each lot will be provided by Crystal Court, a new proposed local road, from Sapphire Lane. Platting Process: After approval of the preliminary plat by the Planning Commission, the applicant must construct the road to meet minimum standards and address any outstanding comments received during the preliminary plat review. When the stipulations of the preliminary plat approval have been met, the applicant may submit the final plat for review by Planning Commission and approval by City Council. Summary and Staff Recommendation: An updated submittal of the plat addressing redlined comments and conversations related to the presence of floodplain was submitted on May 15th. Staff have not completed a comprehensive review of the updated submittal. Staff recommend approval of the preliminary plat with the following stipulations, some of which may be addressed in the most recent submittal. 1. The final plat must show the proposed road dedicated as a public right of way measuring 66 feet wide and extended to the western boundary of the subdivision for future road connectivity 2. Proposed Crystal Court name will be reviewed by the City and County to ensure compliance with e911 requirements and updated if needed prior to final plat application 3. The applicant must construct the proposed road to meet minimum standards, 24 foot wide gravel surface per ordinance, prior to submitting final plat application 4. Comments are addressed as noted on redlined proposed preliminary plat (see attached) Page 2 Spearfish Planning Commission Staff Report Meeting Date: May 21st, 2024 at 4:00 p.m. Staff Contact: Jaymia Ecker Assistant Planning Director jaymia.ecker@cityofspearfish.com 605.722.2559 Join Zoom Meeting: https://us02web.zoom.us/j/82061243296 Meeting ID: 820 6124 3296 Attachments: Page 4 – local aerial map Page 5 and 6 – proposed preliminary plat with staff comments Page 7 – 3-mile subdivision road standards Page 8 – updated preliminary plat Page 3 Spearfish Planning Commission Staff Report Meeting Date: May 21st, 2024 at 4:00 p.m.  Sapphire Rd. Page 4 Spearfish Planning Commission Staff Report Meeting Date: May 21st, 2024 at 4:00 p.m.  Page 5 Spearfish Planning Commission Staff Report Meeting Date: May 21st, 2024 at 4:00 p.m.  Page 6 Spearfish Planning Commission Staff Report Meeting Date: May 21st, 2024 at 4:00 p.m. 3 mile platting standards applied to this request shown in red outline Page 7 Spearfish Planning Commission Staff Report Meeting Date: May 21st, 2024 at 4:00 p.m.  Page 8 Spearfish Planning Commission Staff Report Meeting Date: May 21st, 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: May 21st, 2024 at 4:00 PM Applicant: Lorri Riley Request: Approve a change of zoning from Agriculture to Central Commercial for Eastside Acres Development Action: Provide initial review and set public hearing for June 4, 2024 Location: 6025 E Colorado Boulevard immediately west of the Sky Ridge development Subject property is highlighted with yellow boundary. Proposal Summary: The request is to rezone a 40-acre parcel within city limits from Agriculture (AG) to Central Commercial (C1) with the intention to develop the area with mixed residential and commercial land uses. Page 1 Spearfish Planning Commission Staff Report Meeting Date: May 21, 2024 at 4:00 p.m. General Comments The proposed rezone is in alignment with land use and city form goals and strategies set forth within the City’s Comprehensive Plan and the East Colorado Boulevard Area Study. The preliminary site plan includes a mix of commercial and residential development with ample openspace and connectivity. Staff Review The applicant has consulted with staff regarding the recommended zoning designation for this area. With the adjacent Sky Ridge development to the east, staff recommended a commercial zoning district that would allow for mixed residential and commercial development. The C1 district allows for both residential and commercial land uses and is slightly more restrictive than the highway service commercial district (C2). A couple of concerns related to the allowed primary uses within the C1 district have been brought to the City’s attention including whether small medical offices and plant nurseries are allowed in C1. The ordinance does not list these under the primary uses permitted -- it does not prohibit them either (see below). Staff generally support the proposed uses and feel that from a land use perspective they are benign. Section 5. C1 central commercial district. A. General description. This commercial district is for personal and business services and the general retail business of the city. B. Primary uses permitted. Property and structures in the C1 central commercial district shall be used for the following purposes: 1. Retail Type 1 establishments, including incidental manufacturing of goods for sale at wholesale or retail on the premises. 2. Eating and drinking establishments. 3. Food and beverage production. 4. Service and repair establishments. 5. Personal service establishments. 6. Hotel, motel, rooming and boarding house, bed and breakfast. 7. Entertainment services, including venues for live or recorded entertainment, community centers, recreation centers, fitness and exercise centers, public or private swimming facilities, golf courses, and municipal uses. 8. Parking lots and garages. 9. Offices. 10. Financial institutions. 11. Private clubs and lodges. 12. Newspaper and printing firms. 13. Churches. 14. Single, two-family and multi-family dwellings. 15. Group care homes/assisted living facility. 16. Telecommunications facilities. 17. Fitness and exercise centers. 18. Small scale solar energy conversion facility as an accessory to a primary use. 19. Child care center or adult day care. 20. Storage buildings. 21. Car wash facility. 22. Schools and universities. 23. Temporary shelter. 24. Wholesale. 25. Cannabis testing facilities. 26. Cannabis dispensaries. Page 2 Spearfish Planning Commission Staff Report Meeting Date: May 21, 2024 at 4:00 p.m.  C. Uses eligible for a conditional use permit. Conditional use permits may be granted to properties for the following land uses: 1. Veterinary clinics for domesticated animals including pet daycare an overnight pet stays. 2. Telecommunications facilities. 3. Retail Type 2. 4. Treatment center. Rezone Procedure and Criteria A rezone is considered an ordinance amendment. The procedure and criteria are guided by the City of Spearfish Revised Code of Ordinances, Appendix A- Zoning, Article VI. Administration and Enforcement, Section 5. Amendments. Further analysis of the application against the criteria detailed below will be provided during the next Planning Commission meeting. 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. 2. Be consistent with the intent and purposes of the ordinance: 3. Not directly or indirectly adversely affect any other part of the ordinance. 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.” 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. Summary and Staff Recommendation: Staff recommend that the Planning Commission confer on the proposed zoning designation to ensure alignment with the applicant’s development goals and community’s interests. If there is consensus and the applicant is prepared to move forward, staff recommend setting a public hearing for June 4th, 2024. Staff Contact Jaymia Ecker Assistant Planning Director jaymia.ecker@cityofspearfish.com 605.722.2559 Join Zoom Meeting: Page 3 Spearfish Planning Commission Staff Report Meeting Date: May 21, 2024 at 4:00 p.m. https://us02web.zoom.us/j/82061243296 Meeting ID: 820 6124 3296 Phone: 1 346 248 7799 Attachments Page 5 - Preliminary Site Plan Page 6 – 9 Application Page 4 Spearfish Planning Commission Staff Report Meeting Date: May 21, 2024 at 4:00 p.m.  Page 5 Spearfish Planning Commission Staff Report Meeting Date: May 21, 2024 at 4:00 p.m.