Planning Commission

Spearfish Planning Commission Agenda August 6th, 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/86258613169 Meeting ID: 862 5861 3169 A. Call To Order B. Roll Call C. Approve the Minutes from June 18th, 2024 meeting D. Approve Agenda E. Declaration of Conflicts of Interest F. Items for Action 1. Request: Approve a sketch plat of Tracts 1 and 2 of the Bender Subdivision Location: West of Lookout Mountain Road; Within the Extraterritorial Jurisdiction Applicant: Marjorie Bender Action: Approve the sketch plat 2. Request: Consider a variance associated with a preliminary plat of Lots 1 Thru 4 of the Miller Subdivision Location: South of Pendo Road and west of the Centennial Mountain subdivision; Within the Extraterritorial Jurisdiction Applicant: Jeff Miller Action: Consider a variance G. Items for Discussion a. Future Land Use Map and Land Use Designations Draft 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 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.  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: August 6th, 2024 Applicant: Jeff Miller Request: Consider a variance associated with a preliminary plat of Lots 1 Thru 4 of the Miller Subdivision Action: Consider a variance Location: South of Pendo Road and west of the Centennial Mountain subdivision; Within the Extraterritorial Jurisdiction Proposal Summary: The proposed plat will subdivide a 160-acre tract to create Lots 1-4 all being 5 acres. Subject area is shown in blue above. Page 1 Spearfish Planning Commission Staff Report Meeting Date: August 6th, 2024 General Comments: This is a major plat application within the city’s extraterritorial jurisdiction. The plat includes a variance request to the road right of way required by the extraterritorial subdivision ordinance (Ordinance #561 Section 4.3). The property is currently developed with a single-family residence and multiple outbuildings. The proposed lots are undeveloped and forested. Staff Review Zoning: The parcel is zoned PF – Park Forest District (Lawrence County zoning designation). The minimum lot size for this district is 2 acres with a 5-acre average; The proposed plat meets the density/minimum lot size requirement. Utilities: The subdivision regulations allow private or shared water and sewer services for residential lots 2 acres and larger. The existing residence is served by a shared private well and individual septic system. The applicant is proposing individual wells and septic systems for the lots created by this plat. Access: Doc’s Place provides access to the proposed lots from Pendo Road. The existing road is dedicated as public right of way up to the boundary of the subject property. Section 4.3 of the subdivision ordinance details design standards for roads. A local road requires a minimum of 66’ right of way. The applicant is requesting a variance to the right of way requirement. Instead, they are proposing a 66’ private access easement citing the desire for a gated entrance and privacy. The variance procedure is governed by Section 1.13 of the subdivision ordinance copied below. Staff analysis is shown in italic. 1.13 Variances 1. General. Where the Planning Commission finds that extraordinary hardships or practical difficulties may result from strict compliance these regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve variances to these subdivision regulations so that substantial justice may be done and the public interest secured, provided that such variance shall not have the effect of nullifying the intent and purpose of these regulations; and further provided the Planning Commission shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that: a) The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property in the area in which it is located; This variance will not be detrimental to other property in the area. However, City staff have concerns about the ability to access this area in the event of an emergency considering the lack of connectivity and single point of legal access from Pendo Road via Doc’s Place. b) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property. The request for a variance to the right of way requirement is not unique to the property. Any property within the ETJ would be required to adhere to these requirements per ordinance. c) Because of the particular physical surroundings, shape or topographical conditions of the Page 2 Spearfish Planning Commission Staff Report Meeting Date: August 6th, 2024  specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations are carried out; The property currently features substantial grade changes, slopes, and forested areas. However, the plan for the property includes the construction of a private drive for each lot. As a result, staff is unable to assess this request based on the current conditions alone. We must assume that the development of the property will address any exceptional physical circumstances that could otherwise prevent meeting this requirement, thus avoiding any undue hardship. d) The variances will not in any manner vary the provisions of the Official Zoning Map, Comprehensive Plan, Major Street Plan and Master Neighborhood Park Plan. The master transportation plan was completed in 2011. The dedication of right of way for Doc’s Place took place in 2012 and so it not included in the future street network map. Continuation of Doc’s Place may be feasible to the adjacent private property to the west of the subject property in the event of future development. In addition, a connection to Centennial Vista subdivision to the east via Green Mountain Court is possible if further subdivision of the tract takes place. Platting Process: If the variance is approved, the preliminary plat will go before Planning Commission for consideration with a public hearing. If the variance is denied, the applicant must revise the preliminary plat to meet the requirements of the subdivision ordinance and resubmit. After a preliminary plat is approved, the final plat may be submitted for staff review. The final plat will go before the Planning Commission for consideration and then to City Council for final approval with a public hearing. Summary and Staff Recommendation: While staff acknowledges the applicant’s desire to create a private community by restricting access to the area, we do not recommend approval of the variance to public right of way based on our analysis of the variance criteria. 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 plat Page 5 – Subdivision ordinance design standards for roads, Section 4.3 Pages 6-8 – Variance request narrative Page 3 Spearfish Planning Commission Staff Report Meeting Date: August 6th, 2024  Page 4 Spearfish Planning Commission Staff Report Meeting Date: August 6th, 2024  Page 5 Spearfish Planning Commission Staff Report Meeting Date: August 6th, 2024  Page 6 Spearfish Planning Commission Staff Report Meeting Date: August 6th, 2024  Page 7 Spearfish Planning Commission Staff Report Meeting Date: August 6th, 2024  Page 8 Spearfish Planning Commission Staff Report Meeting Date: August 6th, 2024  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: August 6th, 2024 Applicant: Marjorie Bender Request: Approve a sketch plat of Tracts 1 and 2 of the Bender Subdivision Action: Approve the sketch plat Location: West of Lookout Mountain Road.; Within the Extraterritorial Jurisdiction Proposal Summary: The proposed plat will subdivide a 40-acre parcel into a 2.086 acre tract, a 36.798 acre tract. Page 1 Spearfish Planning Commission Staff Report Meeting Date: August 6th, 2024 General Comments: This is a minor plat application within the city’s extraterritorial jurisdiction. The plat includes the dedication of public right-of-way adjacent to Lookout Mountain Road. Property is currently developed with a single-family residence, garage, and an outbuilding. Staff Review Zoning: The parcel is zoned RR – Rural Residential District (Lawrence County zoning designation). The minimum lot size for this district is 2 acres with a 5-acre average; The proposed plat meets the density/minimum lot size requirement. Utilities: The extraterritorial subdivision regulations allow private or shared water and sewer services for residential lots 2 acres and larger. The existing residence is served by a private well and septic. The subdivider is proposing the same for the new lot. Access: Lookout Mountain Road provides access to both tracts and is designated as a major arterial in the Master Transportation Plan. The required 50’ of right of way will be dedicated as part of this subdivision. Lawrence County Highway Department must permit the approach to the new lot. Platting Process: Following sketch plat approval, the final plat may be submitted for review. The final plat will go before the Planning Commission for consideration and then to City Council for final approval with a public hearing. Summary and Staff Recommendation: This plat complies with applicable subdivision and zoning regulations. Approve the sketch plat. 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 Page 2 Spearfish Planning Commission Staff Report Meeting Date: August 6th, 2024  Page 3 Spearfish Planning Commission Staff Report Meeting Date: August 6th, 2024