Planning Commission

Spearfish Planning Commission Agenda December 17th, 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/88694071440 Meeting ID: 886 9407 1440 A. Call To Order B. Roll Call C. Approve Agenda D. Approve the Minutes from the December 3rd, 2024 meeting E. Declaration of Conflicts of Interest F. Items for Action 1. Request: Approve a sketch plat of Tract B Applicant: Spring Branch LLC Action: Approve Location: Southwest of the intersection of Pheasant Lane and Brookview Road; Within the Extraterritorial Jurisdiction (ETJ) Area 2. Request: Approve the final plat of Lots 1 thru 4 of the Pleasant Ridge Subdivision Applicant: Jeff Miller Action: Approve Location: South of Pendo Road and west of the Centennial Mountain subdivision; Within the Extraterritorial Jurisdiction (ETJ) Area G. Items for Discussion a. Horvath Conditional Use Permit Findings Report and next steps 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.  b. Conclusion of Toby Bordewyk’s term - Thank you for dedicating countless hours to the community of Spearfish over 14 years on the Planning Commission. 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 December 3rd, 2024 at 4:00 p.m. The Spearfish Planning Commission met in regular session on Tuesday, December 3rd, 2024 in the Council Chamber of City Hall and via Zoom video conference. Kruskamp, called the meeting to order at 4:00 p.m. Roll call was taken with the following members present: Greg Kruskamp, Rick Tysdal, Dylan Wilde, Toby Bordewyk, Meghan Byrum (joined at 4:01), Bill Moths, and Amy Davison. Also present: Jaymia Ecker, Assistant Planning Director, Kevin Koelbel, Planning Director, John Senden, Mayor, David Knox, City Attorney, and Bobby Falcon, City Administrator. Approval of Agenda Tysdal moved to approve the agenda as presented, Bordewyk seconded, and all voted in favor of the motion. Approval of Previous Meeting Minutes Tysdal moved to approve the minutes of the November 19th, 2024 Planning Commission meeting as presented, Davison seconded, and all voted in favor of the motion. Declaration 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 Conditional Use Permit (CUP) for a Telecommunications Tower Applicant Horvath Communications Action Hold a public hearing and Consider a CUP Location 6775 East Colorado Blvd.; West of the intersection of Colorado Blvd. and Highway 85 South Jerrod Foutes, Horvath Communications, noted the addition of the photo simulations and updated site plan to the staff report since the previous Planning Commission meeting. Ecker summarized the staff report which provides details on the project, Telecommunications Facilities and Conditional Use Permit approval processes, evaluation criteria, and staff analysis of the project. Discussion between the applicant, city staff, and the commission included FAA regulations, technical aspects of the tower design, stealthing and camouflaging, and the evaluation criteria. Knox’s interpretation of the telecommunications facilities evaluation criteria is that subsections of criteria F.2 must be met. Kruskamp opened the public hearing at 4:55 p.m. Two written public comments (one in support of and one opposed to the project) were received and shared with the commission. Joe Jorgensen provided a statement supporting the project. In addition, commissioners inquired about the intent and age of the ordinance and potential revisions. Foutes  responded to questions related to the coverage area of the tower and co-location of additional antennas. Kruskamp closed the public hearing at 5:14 p.m. Bordewyk moved to approve the CUP and Tysdal seconded the motion. A roll call vote was taken. Bordewyk, Tysdal, and Moths voted yes. Wilde, Davison, and Byrum voted no. To break the tie, Kruskamp cast a no vote. The motion to approve the CUP failed. Following city ordinance, the applicant may submit an appeal to the commission’s decision within 10 days. Items for Discussion Ecker provided an update on the Comprehensive Plan adoption. Members of City Council have shared feedback and requested edits to the draft plan with city staff. Further discussion on the feedback and next steps will be on the January 15th, 2025 City Council Study Session agenda. Public Comment Toby Bordewyk shared that he does not intend to seek another term on the Planning Commission following the conclusion of his current term (Dec 31st, 2024). Adjournment Meeting was adjourned at 5:26 p.m.  Spearfish Planning Commission Staff Report December 17th, 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 Tract B Applicant: Spring Branch LLC Action: Approve Location: Southwest of the intersection of Pheasant Lane and Brookview Road; Within the Extraterritorial Jurisdiction (ETJ) Area The proposed plat creates an 8 acre tract, a portion of NW1/4NE1/4 of Section 33, T7N, R2E, BHM, Lawrence County. The neighboring property owner has entered into an agreement to purchase this acreage. Page 1 Spearfish Planning Commission Staff Report Meeting Date: December 17th, 2024 Project History and General Comments This is a minor plat application within the city’s extraterritorial jurisdiction. Currently, there are no structures on the proposed tract. Plat Summary Total Area 27.88 acres Platted Area 8 acres and 11,831 square feet of public right of way Resulting Lots 1 Tract; 8 acres Additional Notes 33’ of public right of way adjacent to Pheasant Lane is dedicated by the plat for future road network improvements. Staff Review Zoning: The parcel is zoned A-2 – Residential Agriculture District (Lawrence County zoning designation). The minimum lot size for this district is 8 acres with a 10-acre average over 40 acres (quarter of a quarter); The 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, however the property is located within the no septic zone (per Lawrence County Ordinance Chapter 9.012). Access: The tract abuts Pheasant Lane and Brookview Road. Right of way is dedicated for the portion of the tract adjacent to these roads. Any proposed direct access to the tract would have to be permitted by Lawrence County Highway Department. Platting Process: Following Planning Commission’s approval of the sketch plat, the final plat may be submitted for staff review and Planning Commission consideration. Summary and Staff Recommendation The proposed sketch plat meets applicable zoning and subdivision requirements. Staff recommend approval of the plat. Staff Contact and Zoom Link Jaymia Ecker Assistant Planning Director jaymia.ecker@cityofspearfish.com 605.722.2559 Join Zoom Meeting Page 2 Spearfish Planning Commission Staff Report Meeting Date: December 17th, 2024 https://us02web.zoom.us/j/88694071440 Meeting ID: 886 9407 1440 Attachments Application Final Plat Page 3 Spearfish Planning Commission Staff Report Meeting Date: December 17th, 2024 12/13/24, 12:59 PM SP-24-26 City of Spearfish, SD December 13, 2024 SP-24-26 Sketch Plat Status: Active Submitted On: 10/21/2024 Project Information Please provide a brief description of the proposed plat (including details on existing structures). Patrick Votrubeck has and agreement with Spring Branch LLC to aquire property next to his existing lot. This submttal represents that agreement. There are no structrures or improvements on the proposed Tract B. See submittals for narrative and Oridinace #571 details Address or Legal Description of Property* Number of existing lots SKETCH PLAT OF TRACT B BEING A 1 PORTION OF NW1/4NE1/4 OF SECTION 33, T.7N., R.2E., B.H.M., LAWRENCE COUNTY, SOUTH DAKOTA Are any new lots being created as a result of this Number of new lots are being created as a result of plat? this plat Yes 1 How will the lot(s) be serviced by utilities? City water Private well Septic City sewer https://spearfishsd.workflow.opengov.com/#/explore/records/8787/react-form-details/8787 1/2 12/13/24, 12:59 PM SP-24-26 Private shared well Spearfish Valley Sanitary District Service The Sketch Plat must include the following information: (A) Site boundaries, size and general description, and location; (B) Approximate subdivision lot boundaries and dimensions; (C) Proposed layout of streets, lots, easements, and right-of-way; (D) Any existing or proposed common open space; (E) Existing structure location with identified setback distances. Sketch plat* 24-4716 Tract B Sketch Plat S ubmittals 10-21-24.pdf https://spearfishsd.workflow.opengov.com/#/explore/records/8787/react-form-details/8787 2/2  Spearfish Planning Commission Staff Report December 17th, 2024 at 4:00 p.m. Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish, SD and by Zoom Online Meeting Request: Approve the final plat of Lots 1 thru 4 of the Pleasant Ridge Subdivision Applicant: Jeff Miller Action: Approve Location: South of Pendo Road and west of the Centennial Mountain subdivision; Within the Extraterritorial Jurisdiction (ETJ) Area The proposed plat will subdivide a ¼ section (~160 acres) to create Lots 1-4 all being 5 acres. Subject area is shown in blue above and is the SE1/4 of Section 33, T6N, R3E, BHM, Lawrence County. Page 1 Spearfish Planning Commission Staff Report Meeting Date: December 17th, 2024 Project History and General Comments This is a major plat application within the city’s extraterritorial jurisdiction. Two variances for this project were approved by the Planning Commission: (1) a variance to allow for a private road, and (2) a variance to allow for an alternative turnaround design at the end of the public road (see August 6th and November 5th, 2024 meeting materials). The property is currently developed with a single-family residence and multiple outbuildings. The proposed lots are undeveloped and forested. Construction design and as built plans are under review by the City’s Engineering Department and must be approved prior to final plat recording. Plat Summary Total Area ¼ Section; 157.46 acres Lots Platted 20 acres; 137.46 acres remainder Resulting Lots 4 lots; 5 acres each Additional Notes A 66’ private access easement is dedicated by the plat for the benefit of lots 1-4. An access easement is dedicated to accommodate turnaround movements at the end of Doc’s Place Road. 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 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. Permitting for wells and septic systems is handled by Lawrence County and the South Dakota Department of Agriculture and Natural Resources. Access: Doc’s Place provides access to the parent parcel from Pendo Road and is dedicated as public right of way. The plat will go before the Lawrence County Commission on December 17th for their consideration as the street authority. A private road will provide access to the proposed lots from Doc’s Place to be owned and maintained by the property owners. A modified Y turnaround is built within an access easement to accommodate turnaround movements at the end of Doc’s Place and has been reviewed and approved by the Fire Department. Platting Process: Following Planning Commission’s approval of the final plat, the plat will go before City Council for consideration with a public hearing at the December 30th City Council Meeting. Page 2 Spearfish Planning Commission Staff Report Meeting Date: December 17th, 2024 Summary and Staff Recommendation The proposed final plat meets applicable zoning and subdivision requirements. Staff recommend approval of the plat. Staff Contact and Zoom Link Jaymia Ecker Assistant Planning Director jaymia.ecker@cityofspearfish.com 605.722.2559 Join Zoom Meeting https://us02web.zoom.us/j/88694071440 Meeting ID: 886 9407 1440 Attachments Application Final Plat Page 3 Spearfish Planning Commission Staff Report Meeting Date: December 17th, 2024 12/16/24, 8:34 AM MFP-24-9 City of Spearfish, SD December 16, 2024 MFP-24-9 Major Final Plat Status: Active Submitted On: 12/2/2024 Property Owner Information First Name* Last Name* Jeff Miller Phone Number* Email Address* 605-354-5333 Jeff@DIVERSLLC.COM Project Information Name of the subdivision* Current zoning* PLEASANT RIDGE SUBDIVISION AG (Agricultural) Existing use of property* Preliminary Plat Application Record ID CURRENT ZONING PF Current use AG MP-24-2 SINGLE FAM RESIDENTIAL Have all the stipulations from the Preliminary Project Approval letter been met?* Yes https://spearfishsd.workflow.opengov.com/#/explore/records/8982/react-form-details/8982 1/2 12/16/24, 8:34 AM MFP-24-9 Acknowledgement Applicant Signature* Date Bradley Limbo 12/02/2024 Dec 2, 2024 https://spearfishsd.workflow.opengov.com/#/explore/records/8982/react-form-details/8982 2/2  33.32' 66.0' 60.58' 119.4' 33.32' 58.29' 50.00' 0 200 400  Spearfish Planning Commission Report of Conditional Use Permit Findings December 3rd, 2024 Meeting The Spearfish Planning Commission met in regular session on Tuesday, December 3rd, 2024. A public hearing was held to hear and consider a Conditional Use Permit (CUP) for a telecommunication facility (see November 19th and December 3rd, 2024 Planning Commission meeting materials). The Planning Commission voted 3-4 to deny Horvath Communications’ application for a Conditional Use Permit (CUP) Summary of Request Request: Approve a Conditional Use Permit (CUP) for a Telecommunications Tower Applicant: Horvath Communications Action: Hold a public hearing and Consider a CUP Location: 6775 East Colorado Blvd.; West of the intersection of Colorado Blvd. and Highway 85 South Horvath proposed a 120' monopole tower design telecommunications tower to be constructed, operated, and maintained within a 50’ x 65’ fenced area. Verizon Wireless is the intended network provider. The subject property is owned by Sodak Storage, LLC, and a lease agreement is in place for the project. The property is approximately 10.3 acres, zoned Development Review District (DRD), and developed with public, indoor storage facilities. The proposed location was identified based capacity needs, coverage range, and willingness of landowners to lease space for the project. There are no existing towers within a two-mile radius of the proposed location. Two existing towers were evaluated for potential co-location but ultimately were not suitable for Verizon’s needs. No stealthing or camouflaging of the tower is proposed. Consideration of this application is governed by Chapter 156.082 Conditional Use Permits (CUP) and Chapter 156.067 Telecommunication Facilities of the City of Spearfish, SD Code of Ordinances (Ord. 1383, passed October 6th, 2023). The telecommunication facilities chapter evaluates tower projects using a point system in which different zoning districts/land uses have an established maximum point allowance. Various design aspects add or subtract points to reach a project total which must be equal to or less than the allowable maximum location points. Telecommunications Facility Approval Matrix Location - Zone - Permitted Use - Use Permitted on Maximum Application Administrative Review Must Meet Location Points Approval Use Permit Criteria 9 Commercial Non- AI/C, minor Facility must be less 17  Downtown Historic: modifications, max than or equal to the C-1, C-2, C-3 and height: 60 feet above maximum location nonresidential uses ground level points, major in the PUD & DRD. modifications if (Existing poles and over 90 feet, towers follow rules setback 660 feet in row 11) from I-90 Key: AI/C = Architecturally integrated or camouflaged. Max Ht AES = Maximum height above existing structure. Max Ht AGL = Maximum height above ground level for new and existing structures. S/SE Mt = (antenna) stealth or snug exterior mount. Stealth mount: antennas that are not visible on the exterior of the support structure. Snug mount: antennas that are directly attached to the support structure, projecting less than 18 inches from the mounting surface. Table A - Design Points Characteristic Points Height points: Facility height up to 60 feet above existing grade 10 Facility height over 60 feet up to 90 feet above existing 15 grade Facility height over 90 feet up to 120 feet above existing 20 grade Facility height over 120 feet up to 150 feet above existing 25 grade Mitigating factors (subtract from the height points for each factor): 660 feet or greater from R-1, R-2, R-3, DRD or PUD zoning, -6 or any existing residential structures Antenna are snug mounted, exterior -1 Antenna is located on pre-existing structure, tower or -10 monopole Antenna are stealth mounted, interior -2 Antenna architecturally integrated or on a pre-existing Subtract all height points structure (see new definition for architecturally integrated) Room for co-located antenna or is a major modification of -4 an existing pole or tower Verticality proximity (see note 1) or camouflaged -8 Note 1: Located within 35 feet of a structure with 75% of the height of proposed facility height Findings of the Planning Commission The motion to approve the CUP was defeated by a 4-3 vote of the commission with Wilde, Davison, Byrum, and Kruskamp voting no and Bordewyk, Tysdal, and Moths voting yes. Telecommunications Facilities Evaluation Criteria (Chapter 156.067.F) 1. The sum of design points in Table A are less than the maximum location points in Table B; and 2. The application is in compliance with the intent of this section as demonstrated by the following: a. The facility would not be recognized as a telecommunications facility by virtue of its architecturally integrated or camouflaged appearance, or its visibility is significantly limited. b. There are technical reasons that will not permit the telecommunications facility to be designed with architectural integration or camouflaged application, if applicable. A detailed narrative explaining the reason(s) shall be submitted to the city. c. There have been at least two mitigating factors applied to the installation, as described in Table A. d. Special circumstance(s) exist that reduce the impact of the facility. e. Ground equipment and support structure color blends with the surrounding setting. Criteria 1 Findings: At 120’, the proposed facility requires a conditional use permit and has a maximum location point total of 17 points. The height of the facility equals 20 points and the room for co-location of additional antennas, a mitigating factor, has a -4 point value bringing the project total to 16 points. Height points: 20 Mitigating factors: -4 ___________________________ Project total: 16 Criteria 2 Findings: As proposed, the project does not meet criteria 2.a. The commission did not find the technical reasoning, primarily related to limiting coverage area and the ability to co- locate additional antennas, satisfactory of criteria 2.b. Criteria 2.c requires that two mitigating factors from Table A. The proposed tower qualifies for one mitigating factor, Room for co- located antenna or is a major modification of an existing pole or tower. Commissioners generally agreed that criteria 2.d and 2.e are met considering the surrounding storage units and the height of existing light poles (70’-80’) at the Keating Resources Sportsplex. General CUP Evaluation Criteria (156.082. E) 1. The proposed use shall comply with other ordinances. A CUP may not be issued to allow a use otherwise prohibited specifically identified as being eligible for a CUP; Findings: The proposed project is generally in compliance with existing ordinances and telecommunication facilities are not prohibited in DRD zoning. 2. The proposed use shall be eligible for a CUP based on the zoning district; Findings: Telecommunication facilities are an allowed land use in DRD zoning subject to the regulations in chapter 156.067. 3. The proposed use shall comply with the setback, lot coverage, height and other requirements of the zoning district, unless the subject property is currently legally nonconforming or a request for a variance is simultaneously submitted with the application for a CUP; Findings: The applicant is not requesting a variance any DRD area regulations. 4. The proposed use shall be compatible with the location, physical character, and topographic features of the property; Findings: Given the existing light industrial type use of the subject property, and proximity to the sports plex, the proposed tower is generally compatible with the immediate surrounding area. Visual impacts of this project extend a significant distance beyond the subject property. 5. Buffering measures along parcel boundaries shall exist or be incorporated to mitigate any visual impact of outdoor use areas onto adjacent property; Findings: The property is enclosed with a chain-link fence. Internally, the tower and ground equipment will be fenced as well. 6. If applicable, lighting from all sources shall be designed so that it does not unreasonably affect adjacent property; Findings: Not applicable. 7. The proposed use shall not create an unreasonable public safety issue relating to the property or its surroundings, nor increase the risks of an existing public safety issue; Findings: The project does not create any known public safety issues and is subject to additional federal regulations. 8. The proposed use shall have adequate pedestrian and vehicular access, circulation and parking, including those related to bicycle transportation and transportation by persons with physical disabilities; Findings: Not applicable. 9. The proposed use shall not result in any unusual or unreasonable parking impacts. Findings: Not applicable. 10. The proposed use shall not result in an unusual or unreasonable number of vehicle trips per day as measured against the character of the neighborhood of the subject property and the street network serving it; Findings: Following construction, vehicle trips will be limited to maintenance of the facility. 11. The proposed use shall not result in an unusual or unreasonable level of noise;  Findings: Not applicable. 12. Adequate public services and utilities shall be available to accommodate the proposed use; Findings: Existing infrastructure accommodates the proposed use. Any necessary improvements will be at the expense of the applicant/property owner. 13. Additional imposed conditions, if any, will mitigate any probable adverse impacts of the proposed use. Findings: Currently, there are no imposed conditions. 14. For applications for small wind energy systems (SWES) only, the specific conditional use permit criteria for the SWES has been met. Findings: Not applicable. Planning Commission Chair Signature: ___________________ Date: ___________________