Planning Commission

Spearfish Planning Commission Agenda November 5th, 2024 at 4:00 p.m. Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish, SD and by Zoom Online Meeting Join Zoom Meeting https://us02web.zoom.us/j/81743359939 Meeting ID: 817 4335 9939 A. Call To Order B. Roll Call C. Approve Agenda D. Approve the Minutes from the October 15th, 2024 meeting E. Declaration of Conflicts of Interest F. Items for Action 1. Request Approve a Preliminary Plat of Lots 1-8 of Block 1 of Centennial Mountain Estates Applicant ARC Development, LLC Action Hold a public hearing and make a recommendation to City Council Location East of North Rainbow Road; Within city limits 2. Request Approve a Sketch Plat of Lots 1 Thru 9 and Tracts 1 & 2 of Blue Sky Estates Applicant Rory Manard Action Approve the sketch plat Location East of Maitland Road; Within the Extraterritorial Subdivision Jurisdiction 3. Request Consider a variance associated with a preliminary plat of Lots 1 Thru 4 of the Miller Subdivision Applicant Jeff Miller Action Consider a variance Location South of Pendo Road and west of the Centennial Mountain subdivision; Within the Extraterritorial Jurisdiction 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.  4. Request Approve preliminary plat of Lots 1 through 5 of Block 1 and 1 through 6 of Block 2 of Stone Ridge Commons Second Addition Applicant Amigos, LLC Action Hold a public hearing and make a recommendation to City Council Location South of Paramount Drive and north of Interstate 90; Within city limits 5. Request Approve a final plat of Tract 13 of the Lookout Mountain Subdivision Applicant Harlan Schmidt Action Approve the final plat Location Lookout Vista Road.; Within the Extraterritorial Jurisdiction G. Items for Discussion a. Review the Draft Future Land Use Map i. FLUM ii. FLUM – 1 and 3 Mile 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 642-1335 and 24 hours prior to the meeting so that appropriate auxiliary aids and services are available.  Spearfish Planning Commission Regular Session Minutes October 15st, 2024 at 4:00 p.m. The Spearfish Planning Commission met in regular session on Tuesday, October 15st, 2024 in the Council Chamber of City Hall and via Zoom video conference. Meghan Byrum, vice chairperson, called the meeting to order at 4:02 p.m. Roll call was taken with the following members present: Rick Tysdal, Dylan Wilde, Toby Bordewyk, Amy Davison, and Meghan Byrum. Also present: Jaymia Ecker, Assistant Planning Director, Kevin Koelbel, Planning Director, David Knox, City Attorney, and John Senden, Mayor. APPROVAL OF AGENDA Davison moved to approve the agenda as presented, Tysdal seconded, and all voted in favor of the motion. APPROVAL OF MINUTES: Wilde moved to approve the minutes of the October 1st, 2024 Planning Commission meeting as presented, Davison seconded, and all voted in favor of the motion. DECLARATIONS OF CONFLICTS OF INTEREST: Byrum called for any potential conflicts of interest to be identified. No conflicts were identified. ITEMS FOR ACTION: 1. Request: Approve a sketch plat of Tract 13 of the Lookout Mountain Subdivision Location: Lookout Vista Road.; Within the Extraterritorial Jurisdiction Applicant: Harlan Schmidt Action: Approve the sketch plat Ecker summarized the staff report of the request recommending approval. Tysdal moved to approve the request, Davison seconded the motion, and all voted in favor of the motion. 2. 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 Ecker summarized the staff report noting that access was authorized by Lawrence County Commission at the October 8th County Commission Meeting. Generally, the plat meets applicable subdivision requirements and staff recommended approval. Davison moved to approve the request, Bordewyk seconded the motion, and all voted in favor of the motion. 4. Items for Discussion i. Koelbel stated that the short term rental survey results would be going before City Council at the October 16th meeting. ii. The Comprehensive Plan has not yet been finalized and any comments or suggested edits are welcomed. Commissioners shared their interest in further discussion around the Future Land Use Map. 5. Public Comment – no comments were made ADJOURNMENT: Meeting was adjourned at 4:23 p.m.  Spearfish Planning Commission Staff Report November 5th, 2024 at 4:00 p.m. Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish, SD and by Zoom Online Meeting Request: Approve a Preliminary Plat of Lots 1-8 of Block 1 of Centennial Mountain Estates Applicant: ARC Development, LLC Action: Hold a public hearing and make a recommendation to City Council Location: East of North Rainbow Road; Within city limits The proposed plat will create eight lots approximately 5 acres each from a 41.27-acre tract east of North Rainbow Road. The subject property is within city limits and zoned Agriculture. Page 1 Spearfish Planning Commission Staff Report Meeting Date: November 5th, 2024 Project History and General Comments This is a major, preliminary plat application within city limits. In 2022, a preliminary plat was approved for larger 117-acre development. The phasing and scope have since changed and so a new preliminary plat is proposed for a 41.27-acre tract platted earlier this year. Plat Summary Total Area 41.27 Acres Lots and Right of Way Platted 41.27 Acres; 0 acres remainder Resulting Lots 8 lots; 5.48-6.05 acres each Additional Notes A variable width drainage easement is dedicated on this plat for the purpose of storm water collection and conveyance. Following the City of Spearfish Subdivision Ordinance, the sketch plat was reviewed and approved administratively. The existing tract is developed with a house and barn which will remain on lots 7 and 8 respectively. The developer intends to sell the resulting lots for single-family housing development allowable under the current Agriculture zoning designation. The developer will construct a multi-use path to the city’s Rec Path standards on the east side of North Rainbow Road. In addition, a new street is proposed to the east of North Rainbow Road following the low-density rural street design standards as a low-density rural classification (no curb/gutter or sidewalks). The proposed street, Seven Half Box Steet, will be extended to the east in future phases of this development. Preliminary constructions designs are under review by the city’s Engineering Department and must be finalized and approved prior to construction of infrastructure. Staff Review Zoning: The parcel is zoned Ag – Agricultural District. The minimum lot size for this district is 1 acre; All proposed lots exceed this minimum lot size requirement. The zoning code allows for agriculture uses, single family dwellings, and certain commercial uses, including veterinary clinics and cannabis manufacturing facilities, as well as other uses with an approved conditional use permit. Utilities: The existing residence draws water from a private well and utilizes a septic system. City water services are required and will be extended to service all proposed lots. Private septic systems are proposed and permissible under city ordinance. Septic systems must be permitted by South Dakota Department of Agriculture & Natural Resources in conformance with state standards prior to issuance of building permits. Under the current city ordinances, if city sewer services are available within 200 feet of the property, connection to the municipal system is required. Page 2 Spearfish Planning Commission Staff Report Meeting Date: November 5th, 2024 Access: Access to lots 7 and 8 are from North Rainbow Road. Access for lots 1 through 4 is provided from Seven Half Box Street with no direct access from North Rainbow Road permitted. Platting Process: Following the recommendation of the Planning Commission, the preliminary plat will go before City Council for consideration. Construction of all public infrastructure including streets, water services, and any other required improvements must be completed and accepted by the city prior to final plat approval. If the proposed final plat is in conformity with the approved preliminary plat, it may be approved administratively. Public Comment: Notice of the public hearing was published in the newspaper. As of this writing, no comments have been received. Summary and Staff Recommendation Based on staff’s review of the proposed preliminary plat and preliminary engineering reports, the plat complies with applicable zoning and subdivision regulations. As such, staff recommend approval of the preliminary plat. Staff Contact Jaymia Ecker Assistant Planning Director jaymia.ecker@cityofspearfish.com 605.722.2559 Join Zoom Meeting https://us02web.zoom.us/j/81743359939 Meeting ID: 817 4335 9939 Attachments Pages 4-5 Preliminary Plat Page 3 Spearfish Planning Commission Staff Report Meeting Date: November 5th, 2024  Page 4 Spearfish Planning Commission Staff Report Meeting Date: November 5th, 2024  Page 5 Spearfish Planning Commission Staff Report Meeting Date: November 5th, 2024  Spearfish Planning Commission Staff Report November 5th, 2024 at 4:00 p.m. Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish, SD and by Zoom Online Meeting Request: Approve a Sketch Plat of Lots 1 through 9 and Tracts 1 and 2 of Blue Sky Estates Subdivision Applicant: Rory Manard Action: Approve the sketch plat Location: East of Maitland Road; Within the Extraterritorial Subdivision Jurisdiction The proposed plat will subdivide 3 existing tracts into 9 lots ranging from 2.05 acres to 5.27 acres and 2 new tracts approximately 13 acres each. Page 1 Spearfish Planning Commission Staff Report Meeting Date: November 5th, 2024 Project History and General Comments The existing tracts are undeveloped and adjacent to but outside of city limits within the extraterritorial subdivision area. The subject property is also within the city’s Joint Power’s Area. The developer is not seeking annexation of the property into city limits. Plat Summary Total Area 57.207 Acres Lots and Right of Way Platted 57.207 Acres; 0 acres remainder Resulting Lots 9 lots, 2.05-5.27 acres each; tract 1, 13.25 2 acres; tract 2, 13.26 acres Additional Notes 66’ wide public right of way for Blue Sky Place and 80’ wide public right of way for a future collector street are proposed. The subdivision meets the low residential standards in the subdivision ordinance. The developer is proposing Blue Sky Place to access lots 1 through 9 and Tract 1. The Spearfish Area Master Transportation plan identifies a future east-west connection in this area. The proposed plat dedicates right of way for this future roadway to be constructed in the future. Staff Review Zoning: The parcel is zoned RR – Rural Residential District (Lawrence County zoning designation). The maximum average density is 8 single-family dwellings per 40 acres, which is an average lot size of 5 acres and the minimum lots size is 2 acres. The proposed plat meets the density/minimum lot size requirements. The zoning code allows for single family dwellings, home occupations, and certain agriculture uses, as well as other uses with an approved conditional use permit. Utilities: The developer is proposing a private well and septic systems to service the development. Septic systems must be permitted by South Dakota Department of Agriculture & Natural Resources in conformance with state standards prior to issuance of building permits. Access: Blue Sky Place is proposed to access to lots 1 through 9 and tract 1 with local, low residential road design standards. Tract 2 has legal access from Maitland Road and will front the future east-west road. Per ordinance, an HOA or road district shall be established prior to final platting to establish maintenance of Blue Sky Place. Platting Process: Following sketch plat approval, the applicant may submit a preliminary plat application. The preliminary plat will come before Planning Commission for consideration and City Council for final approval. Construction public infrastructure must be completed prior to final plat recording. Page 2 Spearfish Planning Commission Staff Report Meeting Date: November 5th, 2024 Summary and Staff Recommendation The sketch plat complies with applicable zoning and subdivision regulations. As such, staff recommend approval of 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/81743359939 Meeting ID: 817 4335 9939 Attachments Page 4 - Sketch Plat Page 3 Spearfish Planning Commission Staff Report Meeting Date: November 5th, 2024  Page 4 Spearfish Planning Commission Staff Report Meeting Date: November 5th, 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: November 5th, 2024 at 4:00 p.m. Request: Consider a variance associated with a preliminary plat of Lots 1 Thru 4 of the Miller Subdivision Applicant: Jeff Miller Action: Consider a variance Location: South of Pendo Road and west of the Centennial Mountain subdivision; Within the Extraterritorial Jurisdiction The applicant is requesting a second variance to certain road design requirements in the extraterritorial subdivision ordinance. Page 1 Spearfish Planning Commission Staff Report Meeting Date: November 5th, 2024 Project History and General Comments This is a major, preliminary plat within the city’s extraterritorial jurisdiction area. The Planning Commission previously approved a variance to allow a private road to access 4 lots associated with this subdivision and subsequently approved a preliminary plat (see August 6th and August 20th, 2024 Planning Commission packets). The approval of the first variance request included the following conditions. 1. Any further subdivision of the 4 proposed lots or the remainder of the property will require the private access be converted to public access. 2. Adequate egress and access to each of the proposed lots will be met to ensure emergency services can be provided. The extraterritorial jurisdiction subdivision regulations require means of turnaround for dead-end roads (see below). The private drive providing access to the 4 lots will have a cul-de-sac for turnaround within the development. The applicant is requesting a variance to the required turnaround where Doc’s Place terminates at the gated access to the 4-lot subdivision and remaining tract. Requirements for Improvements, Reservations and Design, Section 4.3.1 Construction of Roads and Dead-End Roads. Construction of Roads. The arrangement of streets shall provide for the continuation of principal streets between adjacent properties when such continuation is necessary for convenient movement of traffic, effective fire protection, for efficient provision of utilities, and where such continuation is in accordance with the Local Government plan. If the adjacent property is undeveloped and the street must be a dead-end street temporarily, the right-of-way shall be extended to the property line. A temporary T or L shaped turnabout shall be provided on all temporary dead-end streets, with the notation on the subdivision plat that land outside the normal street right-of-way shall revert to abbutors whenever the street is continued. The Planning Commission may limit the length of temporary dead-end streets in accordance with the design standards of these regulations. Dead-End Roads (Permanent). Where a road does not extend to the boundary of the subdivision and its continuation is not required by the Planning Commission for access to adjoining property, its terminus shall normally not be nearer to such boundary than fifty (50) feet. However, the Planning Commission may require the reservation of an appropriate easement to accommodate drainage facilities, pedestrian traffic, or utilities. A cul-de-sac turnaround shall be provided at the end of a permanent dead-end street in accordance with Local Government construction standards and specifications. For greater convenience to traffic and more effective police and fire protection, permanent dead-end streets shall be limited in length, and the standards for such streets shall be in accordance with the design standards of these Page 2 Spearfish Planning Commission Staff Report Meeting Date: November 5th, 2024  regulations. Staff Review 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; Without access to the private subdivision, vehicles will likely use the neighboring, private driveway to turnaround at the end of Doc’s Place. In addition to trespassing, the driveway was not designed to meet IFC or other design standards for turnaround. 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 required turnaround is not unique to the property. c) Because of the particular physical surroundings, shape or topographical conditions of the 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 features substantial grade changes, slopes, and forested areas. In addition, the private gates and roads were established prior to the subdivision application. The applicant has cited topological constrains of the site as reasoning for the variance request but has not proposed any alternative design to meet the intent of the ordinance. 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. Not applicable. Page 3 Spearfish Planning Commission Staff Report Meeting Date: November 5th, 2024 Summary and Staff Recommendation Based on staff’s review of the variance request and criteria in ordinance, we do not recommend approval of the variance as presented. An alternative turnaround design meeting IFC standards within a public access easement may be acceptable. Staff Contact Jaymia Ecker Assistant Planning Director jaymia.ecker@cityofspearfish.com 605.722.2559 Join Zoom Meeting https://us02web.zoom.us/j/81743359939 Meeting ID: 817 4335 9939 Attachments Page 5 - Approved Preliminary Plat Page 6 - Exhibit of subject property Page 7 - Subdivision Regulations for the City of Spearfish Extraterritorial Jurisdiction, Section 4.3.1 Pages 8-15 - Variance Request Narrative Page 4 Spearfish Planning Commission Staff Report Meeting Date: November 5th, 2024  Page 5 Spearfish Planning Commission Staff Report Meeting Date: November 5th, 2024  Page 6 Spearfish Planning Commission Staff Report Meeting Date: November 5th, 2024  Page 7 Spearfish Planning Commission Staff Report Meeting Date: November 5th, 2024  Page 8 Spearfish Planning Commission Staff Report Meeting Date: November 5th, 2024  Page 9 Spearfish Planning Commission Staff Report Meeting Date: November 5th, 2024  Page 10 Spearfish Planning Commission Staff Report Meeting Date: November 5th, 2024  Page 11 Spearfish Planning Commission Staff Report Meeting Date: November 5th, 2024  Page 12 Spearfish Planning Commission Staff Report Meeting Date: November 5th, 2024  Page 13 Spearfish Planning Commission Staff Report Meeting Date: November 5th, 2024  Page 14 Spearfish Planning Commission Staff Report Meeting Date: November 5th, 2024  Page 15 Spearfish Planning Commission Staff Report Meeting Date: November 5th, 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: November 5th, 2024 at 4:00 p.m. Request: Approve preliminary plat of Lots 1 through 5 of Block 1 and 1 through 6 of Block 2 of Stone Ridge Commons Second Addition Applicant: Amigos, LLC Action: Hold a public hearing and make a recommendation to City Council Location: South of Paramount Drive and north of Interstate 90; Within city limits The proposed plat will create 11 lots ranging from 26,908 square feet (.62 acres) to 579,508 square feet (13.3 acres) from 3 existing parcels east of North 27th Street and south of Paramount Drive. The subject property is within city limits and zoned Highway Service Commercial (C-2). Page 1 Spearfish Planning Commission Staff Report Meeting Date: November 5th, 2024 Project History and General Comments This is a major, preliminary plat application within city limits. The subject property was rezoned from Agriculture (Ag) to C-2 in 2023. The developer intends for a mix of commercial and residential uses at full build out. Platinum Drive will be continued through the subject property and connect to Paramount Drive. Additional internal street networks may be built if future phases. Plat Summary Total Area 33.752 Acres Lots and Right of Way Platted 33.752 Acres; 0 acres remainder Resulting Lots 11 lots; 0.62 – 13.3 acres each Additional Notes 66’ of right of way is dedicated for the continuation of Platinum Drive through the property. There is a drainage lot and drainage easement for the conveyance and detention of storm water. Following the City of Spearfish Subdivision Ordinance, the sketch plat was reviewed and approved administratively. The developer will construct Platinum Drive through the subject property connecting to Paramount Drive to the North. The existing section of Platinum Drive to the east of the subject property was constructed with 8’ sidewalk on the north side of the street and no sidewalk on the south side of the street. Considering intended mixed land use of the development and need for pedestrian connectivity; sidewalk will be installed on both side of the new section of Platinum Drive to meet minimum city standards. Preliminary constructions plans have been reviewed by the city’s Engineering Department and must be finalized and approved prior to construction of infrastructure. Staff Review Zoning: The parcel is zoned Highway Service Commercial (C-2). The minimum lot size for this district is 5,000 square feet and the minimum lot width is 75 feet; All proposed lots meet this requirement. The zoning code allows for a variety of commercial and residential land uses. Utilities: City water and sewer will be extended to service all lots in the development in accordance with Engineering standards. Access: All proposed lots will be access from the new section of Paramount Drive to be constructed prior to final platting. Future phases of the development may include additional internal street network if further subdivision is requested. Page 2 Spearfish Planning Commission Staff Report Meeting Date: November 5th, 2024 Platting Process: Following preliminary plat approval by City Council, the applicant may submit their final grading and construction plans. Construction of all public infrastructure including streets, water services, and any other required improvements must be completed and accepted by the city prior to final plat approval. If the proposed final plat is in conformity with the approved preliminary plat, it may be approved administratively. Public Comment: Notice of the public hearing was published in the newspaper. As of this writing, no comments have been received. Summary and Staff Recommendation Based on staff’s review of the proposed preliminary plat and preliminary engineering reports, the preliminary plat complies with applicable Zoning and Subdivision Regulations. As such, staff would recommend approval of the preliminary plat. Staff Contact Jaymia Ecker Assistant Planning Director jaymia.ecker@cityofspearfish.com 605.722.2559 Join Zoom Meeting https://us02web.zoom.us/j/81743359939 Meeting ID: 817 4335 9939 Attachments Page 4 - Preliminary Plat Page 3 Spearfish Planning Commission Staff Report Meeting Date: November 5th, 2024  Page 4 Spearfish Planning Commission Staff Report Meeting Date: November 5th, 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: November 5th, 2024 at 4:00 p.m. Request: Approve a final plat of Tract 13 of the Lookout Mountain Subdivision Applicant: Harlan Schmidt Action: Approve the final plat Location: Lookout Vista Road.; Within the Extraterritorial Jurisdiction The proposed plat creates a 2.01 acre tract from the remainder of an unplatted aliquot part. Page 1 Spearfish Planning Commission Staff Report Meeting Date: November 5th, 2024 Project History and General Comments This is a minor plat application within the city’s extraterritorial jurisdiction. The property is currently developed with a single-family residence. The sketch plat of this lot was approved by the Planning Commission at the October 15th, 2024 meeting. There have been no changes to the plat since the previous approval. Plat Summary Total Area 4.64 Acres Lots and Right of Way Platted 2.442 Acres; 2.198 acres remainder Resulting Lots 1 Tract; 2.002 acres Additional Notes 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 shared, private water system and septic. Access: The existing Lookout Vista Road provides access to the tracts and is built within a 66’ private road right of way previously dedicated in 2001. This plat dedicates the portion of the road adjacent to the lot as public right of way. Lookout Vista Road is accessible by way of Lookout Mountain Road. Platting Process: Following the recommendation of the Planning Commission, the final plat will go before City Council for final approval with a public hearing. Summary and Staff Recommendation This plat complies with applicable zoning and subdivision regulations. As such, staff recommend approval of the final plat. Staff Contact Jaymia Ecker Assistant Planning Director jaymia.ecker@cityofspearfish.com 605.722.2559 Join Zoom Meeting https://us02web.zoom.us/j/81743359939 Page 2 Spearfish Planning Commission Staff Report Meeting Date: November 5th, 2024 Meeting ID: 817 4335 9939 Attachments Page 4 - Final plat Page 3 Spearfish Planning Commission Staff Report Meeting Date: November 5th, 2024  Page 4 Spearfish Planning Commission Staff Report Meeting Date: November 5th, 2024