Planning Commission

Spearfish Planning Commission Agenda September 3rd, 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/86464885485 Meeting ID: 864 6488 5485 A. Call To Order B. Roll Call C. Approve Agenda D. Approve the Minutes from August 20th, 2024 meeting E. Declaration of Conflicts of Interest F. Items for Action 1. Request: Approve a Zoning Text Amendment for the DRD Zoning Location: City-wide Applicant: City of Spearfish Action: Hold a public hearing, make a recommendation to approve the request. G. Items for Discussion 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 August 20th , 2024 at 4:00 p.m. The Spearfish Planning Commission met in regular session on Tuesday, August 20th, 2024 in the Council Chamber of City Hall and via Zoom video conference. Greg Kruskamp called the meeting to order at 4:01 p.m. Roll call was taken with the following members present: Greg Kruskamp, Rick Tysdal, Toby Bordewyk and Meghan Byrum. Also present: Kevin Koelbel, Planning Director, Jaymia Ecker, Assistant Planning Director. APPROVAL OF AGENDA Bordewyk moved, Tysdal seconded, and all voted to approve the agenda as presented. APPROVAL OF MINUTES: Tysdal moved, Bordewyk seconded, and all voted to approve the minutes of the August 6th, 2024, Planning Commission meeting. 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 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: Hold a public hearing and approve the preliminary plat Koelbel summarized the staff report including the approval of a variance to the dedication of public right of way approved by the commission at the August 6th meeting which will allow a private drive to serve as access to the lots. Tysdal inquired about the naming of the subdivision and potential confusion with other subdivisions in the area. The public hearing was opened at 4:08 PM. With no public comments, the hearing was closed promptly. Byrum recommended that the applicant consider an alternative subdivision name prior to submitting the final plat application. Tysdal moved, Bordewyk seconded, and all voted in favor to approve the request. 2. Request: Consider a variance associated with a sketch plat of Lots A & B of the Oak Hills Subdivision Location: Southwest of Thoen Stone Road; Within the Extraterritorial Jurisdiction Applicant: Johanna Meier Della Vecchia Action: Consider a variance Eric Neis, representing Johanna Meier Della Vecchia, presented the request explaining the existing conservation easement adjacent to the subject property and desire to subdivide the area outside of the easement to create two lots. The applicant is requesting a variance to the dedication of public right of way and road improvements. Koelbel summarized the staff report including the variance procedure and the surrounding land uses and conditions. Commissioners inquired about access to and potential development of adjacent properties, land use, and the extent and terms of the existing conservation easement. Neis stated that the applicant does not have intentions to further subdivide or develop the property and will restrict this through covenants or  easements. Les Turgeon presented concerns surrounding access through Thoen Stone Road northeast of the subject property where it ties into St. Joe Road. Theresa Meier Conley inquired about including the proposed lots in the conservation easement and how that might affect this request. Johanna Meier Della Vecchia provided a statement about the existing conservation easement, current road condition, and a proposed conservation easement affecting the subject property. Discussion related to future subdivision, land use, and potential conditions of the variance approval continued. Byrum questioned why the proposed conservation easement on the subject property was not presented along with the request. Neis responded that the easement agreement is not yet in place and proposed that the variance is approved with the condition that the final plat is not recorded until a conservation easement for the properties is created. Bordewyk moved to approve the variance request with the condition that prior to final plat recording, the proposed lots are included in a conservation easement. Tysdal seconded the motion and Kruskamp called for a vote. Tysdal and Bordewyk voted aye and Byrum voted nay. The motion passed. 4. Public Comment – no public comment was made 5. Items for Discussion a. Future Land Use Map and Land Use Designations Draft Koelbel presented the draft future land use map and land use designations including revisions proposed by staff. There was discussion around annexation policy and additional future commercial designation. ADJOURNMENT: Meeting was adjourned at 5:50 p.m.  Spearfish Planning Commission Staff Report Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish SD 57783 and by Zoom Online Meeting Meeting Date and Time: September 3rd, 2024 at 4:00 PM Applicant: City of Spearfish Request: Approve a Zoning Text Amendment for the DRD Zoning Action: Hold a public hearing, make a recommendation to approve the request. Location: City-wide Proposal Summary: This is a request to remove the prohibited use of Advertising Signs within the DRD zoning district. Background and History: In the Development Review District (DRD), certain uses are prohibited by the zoning regulations, including Advertising Signs. According to the zoning ordinance, an Advertising Sign is defined as "a sign that directs attention to a use, commodity, or service not related to the property on which it is located. An off-premise sign." Currently, the Keating Resources Sportsplex (formerly Sky Ridge Sportsplex) is zoned DRD. This facility offers sponsorship opportunities where businesses can display their signage around the sportsplex. However, these signs would qualify as Advertising Signs since they promote services or products unrelated to the property itself, and thus, are prohibited under the current regulations. To address this issue, staff recommends revising the regulations to allow Advertising Signs within the DRD zoning district. Currently, the DRD is the only zoning district with a specific prohibition against such signage. Adjusting this restriction would align the DRD with other zoning districts. Staff Analysis: Since there is no other sections of the zoning ordinance or sign regulations that mentions Advertising Signs, this appears to be a one-off situation that does not fit the rest of the ordinance. Therefore, staff has determined that there is no benefit to keeping Advertising Signs as a prohibited use within the DRD zoning. In addition, the sign regulation section of ordinance there are DRD zoning specific sign regulations. Page 1 Spearfish Planning Commission Staff Report Meeting Date: September 3rd, 2024 PUBLIC COMMENT: Notice of public hearing was published in the newspaper. No Public comment has been received to date. STAFF RECOMMENDATION: Staff recommends approval of the Zoning Text Amendment to the Spearfish Common Council. STAFF CONTACT: Kevin Koelbel Planning Director Kevin.koelbel@cityofspearfish.com 60-717-1122 ATTACHMENTS: None Page 2 Spearfish Planning Commission Staff Report Meeting Date: September 3rd, 2024