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Planning Commission

Regular Meeting

Spearfish, SD · May 31, 2024

AgendaMinutes

Minutes

Spearfish Planning Commission Regular Session Minutes June 4, 2024 at 4:00 p.m. The Spearfish Planning Commission met in regular session on Tuesday, June 4, 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: Greg Kruskamp, Amy Davison, Rick Tysdal, and Dylan Wilde. Absent: Toby Bordewyk and Meghan Byrum. Also present: Kevin Koelbel, Planning Director, Jaymia Ecker, Assistant Planning Director, Jayna Watson, City Planner. APPROVAL OF MINUTES: Tysdal moved, Wilde seconded, and all voted to approve the minutes of the May 21, 2024 Planning Commission meeting. APPROVAL OF AGENDA Kruskamp noted no changes to today’s agenda. 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 final plat of Tract M1-A Location: North of the intersection of Oliver Street and McGuigan Road within the extraterritorial subdivision jurisdiction. Applicant: John and Jeanne Rogers Action: Approve the final plat with stipulations Ecker presented the staff report and stipulation of approval. Davison moved, Wilde seconded and all voted to approve the final plat with the stipulation. 2. 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: Hold a public hearing and approve the preliminary plat Ecker presented the staff report and three stipulations of approval. Kruskamp opened the public hearing. Providing public testimony and offering comments on road improvements, floodplain, well/septic requirements were: Duke Zieglmeier 2720 Coral Drive, Karen Kinghorn, Joe Jorgensen, and Steve Chapman. Kruskamp closed the public hearing. Tysdal moved, Davison seconded to approve the preliminary plat. The property owner and developer, Monica Goodsell, responded to the concerns raised by the neighbors. Kruskamp called for the vote, and all voted to approve the preliminary plat with the three stipulations. 3. 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: Eastside Developers LLC Action: Hold a public hearing and make a recommendation to City Council Page 2 June 4, 2024 Spearfish Planning Commission Meeting Minutes Item 3., continued Ecker presented the staff report and recommendation. Kruskamp opened the public hearing. Kayla Brown, 174 Aurora Avenue, commented on site plan, land use, property line determination, taxes, resale values, environment, and that a petition had been signed opposing the change of zoning. Nancy Rushford, Eastside Acres partner, and Jason Roberdeau, project architect responded to Ms. Brown’s concerns. Comments by the Planning Commission included transition between commercial and residential land use, walkability, and reliance on vehicular travel. Jeffrey Cole, 243 Aurora Avenue, commented on loss of open space and property values. Kruskamp closed the public hearing. Ecker displayed emailed comments on the TV screen. Jill Kolb stated support of the project. Kruskamp closed the public hearing. Wilde moved, Tysdal seconded and all voted to recommend approval. 4. Public Comment – Lorri Riley, Eastside Acres partner, provided additional comments on neighbor concerns. 5. Items for Discussion - Planning Director Kevin Koelbel introduced himself and was welcomed by the Commission. ADJOURNMENT: Meeting was adjourned at 5:15 p.m.

Agenda

Spearfish Planning Commission Agenda June 4th, 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/85637355663 Meeting ID: 856 3735 5663 Dial in: 1 669 444 9171 A. Call To Order B. Roll Call C. Approve the Minutes from May 21st, 2024 meeting D. Approve Agenda E. Declaration of Conflicts of Interest F. Items for Action 1. Request: Approve a final plat of Tract M1-A Location: North of the intersection of Oliver Street and McGuigan Road within the extraterritorial subdivision jurisdiction. Applicant: John and Jeanne Rogers Action: Approve the final plat with stipulations 2. 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: Hold a public hearing and approve the preliminary plat 3. 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: Eastside Developers LLC Action: Hold a public hearing and make a recommendation to City Council G. Items for Discussion – Welcome new Planning Director, Kevin Koelbel! H. Public Comment - Public comments are welcome at this time, however, no action will be taken. I. 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 605-642-1335 and 24 hours prior to the meeting so that appropriate auxiliary aids and services are available. 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: June 4th, 2024 at 4:00 PM Applicant: John and Jeanne Rogers Request: Approve a final plat of Tract M-1A Action: Approve the final 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: June 4th, 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; This 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 final plat is approved by the Planning Commission, the final plat will go before City Council for consideration with a public hearing on June 17, 2024. 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/85637355663 Meeting ID: 856 3735 5663 Or Dial In: 1 669 444 9171 Attachments Page 3 – Sketch plat submittal Page 4 – Final plat submittal Page 2 Spearfish Planning Commission Staff Report Meeting Date: June 4th, 2024 Page 3 Spearfish Planning Commission Staff Report Meeting Date: June 4th, 2024 Page 4 Spearfish Planning Commission Staff Report Meeting Date: June 4th, 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: June 4th, 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: Hold a public hearing and approve the preliminary plat 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 single family residential development. Page 1 Spearfish Planning Commission Staff Report Meeting Date: June 4th, 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. Public Comments Notice of the public hearing was published in the newspaper, posted at the property, and sent to owners within 200 feet of the property boundary. No public comments have been received at the time of this writing. Summary and Staff Recommendation: Staff recommend approval of the preliminary plat with the following stipulations. 1. 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 2. Developer must construct the proposed road to meet minimum standards, 24 foot wide gravel surface per ordinance, prior to submitting final plat application 3. Developer shall coordinate with Sapphire Lane Road District on the realignment of Sapphire Lane to be completely within the dedicated right of way Staff Contact: Jaymia Ecker Assistant Planning Director jaymia.ecker@cityofspearfish.com 605.722.2559 Page 2 Spearfish Planning Commission Staff Report Meeting Date: June 4th, 2024 at 4:00 p.m. Join Zoom Meeting: https://us02web.zoom.us/j/85637355663 Meeting ID: 856 3735 5663 Or dial in: +1 669 444 9171 Attachments: Page 4 – local aerial map Page 5 – 3-mile subdivision road standards Page 6 – updated preliminary plat Page 3 Spearfish Planning Commission Staff Report Meeting Date: June 4th, 2024 at 4:00 p.m. Sapphire Rd. Page 4 Spearfish Planning Commission Staff Report Meeting Date: June 4th, 2024 at 4:00 p.m. 3 mile platting standards applied to this request shown in red outline Page 5 Spearfish Planning Commission Staff Report Meeting Date: June 4th, 2024 at 4:00 p.m. Page 6 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: June 4th, 2024 at 4:00 PM Applicant: Eastside Developers LLC Request: Approve a change of zoning from Agriculture to Central Commercial for Eastside Acres Development Action: Hold a public hearing and make a recommendation 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: June 4, 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. 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). At the May 21, 2024 Planning Commission meeting, the following topics were discussed: Formatted: Not Highlight Formatted: Not Highlight • C-1 land uses • Definition of office, retail type 1 and retail type 2 in ordinance Formatted: Not Highlight • Compatibility with adjoining residential uses to the east Staff and Planning Commission agreed that potential land uses proposed by the applicant, including small medical offices and plant nurseries, are permissible within this zoning district based on current ordiance. 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. 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. Page 2 Spearfish Planning Commission Staff Report Meeting Date: June 4, 2024 at 4:00 p.m. Public Comments: Notice of the public hearing was published in the newspaper and sent to owners via certified mail within 200 feet of the property boundary. One neighboring property owner called to inquire about the development generally and future construction of streets. Summary and Staff Recommendation: With the recent development in this area and investment in public infrastructure, the addition of commercial land uses, and high-density residential development proposed by the applicant and allowable within the C1 zoning district, is logical from a land use perspective. Based on staff’s review of the application, the rezone from Ag to C1 meets the criteria required by ordinance and provides added economic and social benefits to the area. Staff recommend approval of the request. Staff Contact Jaymia Ecker Assistant Planning Director jaymia.ecker@cityofspearfish.com 605.722.2559 Join Zoom Meeting: https://us02web.zoom.us/j/85637355663 Meeting ID: 856 3735 5663 Or dial in: +1 669 444 9171 Attachments Page 4 - Preliminary Site Plan Page 5 – 7 Application Page 3 Spearfish Planning Commission Staff Report Meeting Date: June 4, 2024 at 4:00 p.m. Page 4 Spearfish Planning Commission Staff Report Meeting Date: June 4, 2024 at 4:00 p.m.

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