Planning Commission
Regular MeetingSpearfish, SD · July 6, 2021
Minutes
Spearfish Planning Commission
Regular Session Minutes
July 6, 2021 at 3:00 p.m.
The Spearfish Planning Commission met in regular session on Tuesday, July 6, 2021 at 3:00 p.m. in the
council chamber of city hall and via Zoom video conference. Due to the absence of the Chairman and
Vice Chairwoman, Greg Kruskamp called the meeting to order at 3:00 p.m. Roll call was taken with the
following members present: Abe Kean, Greg Kruskamp, Bob Meyer, and Larry Vavruska. Absent: Toby
Bordewyk, Meghan Byrum, and Barbara Zwetzig. Also present: City Planner Jayna Watson, City Attorney
Ashley McDonald. Kruskamp requested a motion to appoint a temporary chair for the meeting.
Vavruska moved, Kean seconded, and all voted for Kruskamp to serve as temporary chair for the
July 6, 2021 meeting.
APPROVAL OF MINUTES:
Meyer moved, Vavruska seconded, and all voted to approve the minutes of the June 15, 2021
Planning Commission meeting.
DECLARATIONS OF CONFLICTS OF INTEREST:
Kruskamp called for any potential conflicts of interest to be identified. Meyer indicated a conflict of
interest on item 2 and would not participate in discussion or voting. Following Meyer’s declaration of a
conflict, Watson stated that action on item 2 would need to be postponed to July 20th since there would
be no quorum for that item.
1. Request: Approve a change of zoning from Ag (Agriculture) to R-1 (Single Family) and
preliminary plat
Location: Northeast corner of Blue Stem Boulevard and Woodlands Drive
Applicant: Jim Boke
Action: Hold a public hearing and make a recommendation to City Council
Watson presented the staff report and reviewed the ordinance requirements. Kruskamp opened
the public hearing. No persons provided testimony. Kruskamp closed the public hearing.
Vavruska moved, Meyer seconded, and all voted to recommend approval to the City
Council.
2. Request: Approve a preliminary plat for a 9 lot subdivision - Eastwood Court
Location: East of Woodlands Drive
Applicant: Jim Boke
Action: Hold a public hearing and make a recommendation to City Council
Due to lack of quorum, no action was taken. Request rescheduled for action on July 20,
2021.
3. Request: Approve a change of zoning from Ag (Agriculture) to R-1 (Single Family) and
preliminary plat with a variance to sewer requirements for lots 2-7
Location: West of Falcon Crest on Bridgestone Street
Applicant: Bridgestone Estates LLC
Spearfish Planning Commission Minutes
July 6, 2021 at 3:00 p.m.
Page 2
3. continued Action: Set a public hearing for July 20, 2021
from p. 1
Watson presented the staff report and reviewed the ordinance requirements. Meyer
moved, Kean seconded, and all voted to set a public hearing for July 20, 2021.
4. City Council Update – Watson provided information regarding the pending City Council action on
the Cannabis Establishment ordinance, the City’s new water conservation program messages, and the
Sky Ridge construction update.
5. Public Comment – No comments were provided.
6. Adjournment - Kruskamp adjourned the meeting at 3:28 p.m.
Agenda
Spearfish Planning Commission Agenda
July 6, 2021 at 3:00 p.m.
Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish, SD
And Zoom Online Meeting
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Meeting ID: 844 2009 8169
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A. Call To Order
B. Roll Call
C. Approve the Minutes from June 15, 2021
D. Declaration of Conflicts of Interest
E. Items for Action
1. Request: Approve a change of zoning from Ag (Agriculture) to R-1 (Single
Family) and preliminary plat
Location: Northeast corner of Blue Stem Boulevard and Woodlands Drive
Applicant: Jim Boke
Action: Hold a public hearing and make a recommendation to City
Council
2. Request: Approve a preliminary plat for a 9 lot subdivision - Eastwood
Court
Location: East of Woodlands Drive
Applicant: Jim Boke
Action: Hold a public hearing and make a recommendation to City
Council
3. Request: Approve a change of zoning from Ag (Agriculture) to R-1 (Single
Family) and preliminary plat with a variance to sewer
requirements for lots 2-7
Location: West of Falcon Crest on Bridgestone Street
Applicant: Bridgestone Estates LLC
Action: Set a public hearing for July 20, 2021
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.
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Spearfish Planning Commission Agenda
F. City Council Update
G. Public Comment - Public comments are welcome at this time, however, no
action will be taken.
H. Adjournment
Spearfish Planning Commission
Regular Session Minutes
June 15, 2021 at 2:00 p.m.
The Spearfish Planning Commission met in regular session on Tuesday, June 15, 2021 at 2:00 p.m. in the
council chamber of city hall and via Zoom video conference. Chairman Bordewyk called the meeting to
order at 2:00 p.m. Roll call was taken with the following members present: Toby Bordewyk, Meghan
Byrum, Abe Kean, Greg Kruskamp, Bob Meyer, and Barbara Zwetzig. Absent: Larry Vavruska. Also
present: City Planner Jayna Watson
APPROVAL OF MINUTES:
Kruskamp moved, Kean seconded and all voted to approve the minutes of the June 1, 2021
Planning Commission meeting.
DECLARATIONS OF CONFLICTS OF INTEREST:
Bordewyk called for any potential conflicts of interest to be identified. Meyer stated he had a conflict of
interest on Item 3, preliminary plat for the 9 lot subdivision at the Woodlands and will abstain from
discussion and voting.
1. Request: Approve a DRD final plan for a 14 unit apartment building
Location: Lot 40 Block 16 at the Reserve
Applicant: Kevin Dailey
Action: Make a recommendation to City Council
Kevin Dailey presented the request. Watson presented the staff report and reviewed the
ordinance requirements. Comments of the Planning Commission included verification of
concept plan conformance and potential for green space in the turnaround area. Bordewyk
opened the public hearing. Providing testimony were John Buxton, 3841 Ward Avenue and
Roger Lessly, 3833 Ward Avenue. Bordewyk closed the public hearing. Additional discussion
took place pertaining to concerns raised in public hearing over dust control during construction,
the final version of the site plan to be built, and the green space in the turnaround area. Byrum
moved to recommend approval without the green space in the turnaround area on the
site plan. Motion died for lack of a second. Meyer moved, Zwetzig seconded, to
recommend approval with a preference that the green space is provided in the turn
around area. Motion passed 4-1 with Byrum voting No.
2. Request: Approve a change of zoning from Ag (Agriculture) to R-1 (Single Family) and
preliminary plat
Location: Northeast corner of Blue Stem Boulevard and Woodlands Drive
Applicant: Jim Boke
Action: Set a public hearing for July 6, 2021
Jim Boke presented the request. Watson presented the staff report and reviewed the ordinance
criteria for a change of zoning. Kruskamp moved, Byrum seconded, and all voted to set a
public hearing for July 6, 2021.
Spearfish Planning Commission Minutes
June 15, 2021 at 2:00 p.m.
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3. Request: Approve a preliminary plat for a 9 lot subdivision
Location: East of Woodlands Drive
Applicant: Jim Boke
Action: Set a public hearing for July 6, 2021
Jim Boke presented the request. Watson presented the staff report and reviewed the ordinance
criteria for a preliminary plat. Kruskamp moved, Zwetzig seconded, and all voted to set a
public hearing for July 6, 2021 with Meyer abstaining.
4. City Council Update – Watson reviewed: 1) temporary closure of the swimming hole at the
Rushmore Bridge while crews prep the bridge for its new location, 2) county jail proposal, 3) new city
bandshell, 4) City Councils approval of first reading of the zoning section pertaining to cannabis
establishments but removing any cannabis establishment from being permitted within Central Core
zoning, and 5) timeline to recruit and fill the city administrator’s position.
5. Public Comment – No comments were provided.
6. Adjournment - Bordewyk adjourned the meeting at 2:50 p.m.
Spearfish Planning Commission Staff Report
Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish SD 57783
and by Zoom Teleconference, see page 3 for instructions to join.
Meeting Date
and Time: July 6, 2021 at 3:00 p.m.
Applicant: Jim Boke
Request: Approve a change of zoning from Ag (Agriculture) to R-1 (Single Family),
and preliminary plat
Action: Hold a public hearing and make a recommendation to City Council.
Location: Northeast corner of Blue Stem Boulevard and Woodlands Drive
Subject Site
Blue Stem Blvd. (unimproved)
Proposal Summary: This will result in the development of a single family subdivision with lot
sizes of ½ acre.
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Spearfish Planning Commission Staff Report
Meeting Date: July 6, 2021 at 3:00 p.m.
BACKGROUND AND HISTORY:
Briefly summarize the surrounding property, use bullet points and examples below:
• Annexed into the Foothills Addition in 2003 and zoned Agriculture (Ag)
• Surrounding zoning and development patterns:
- North zoned Ag, undeveloped
- South, and west, zoned DRD/PUD, developed as single family
- East – zoned Ag and undeveloped
• Site data:
- Parcel size 18.77 acres
- 23 single family dwellings proposed
- Standard R-1 single family setbacks and development standards
PROJECT DATA:
Parcel size: 18.77 acres
Number of lots/dwellings: 23 single family
Setbacks required:
Front – 25 feet
Rear – 25 feet
Side – 8 feet
Lot size: Plan shows ½ acre lots however applicant will have the flexibility to plat each lot at a
minimum of 8,000 square feet.
REVIEW CRITERIA AND STAFF ANALYSIS:
The rezoning request is guided by the City of Spearfish Revised Code of Ordinances, Appendix
A - Zoning, Article VI. Administration and Enforcement, Section 5. Amendments. Staff’s analysis
follows each statement in italic text.
A. Standards for amendments. A proposed amendment shall be considered on its own merits
using the following criteria as a guide.
1. Text or map amendments. Proposed amendments shall:
a) Be necessary because of substantially changed or changing conditions of the area
and district affected, or in the ordinance generally. This parcel is within a growth area
for residential development. Demand remains steady for medium sized single family
lots. In 2020, Spearfish issued 101 new single family home permits. In 2021 this
number will likely be exceeded since as of May, 57 new single family home permits
have been issued.
b) Be consistent with the intent and purposes of the ordinance. The zoning district being
requested is consistent with the creation of a single family residential neighborhood.
The development standards will be the R-1 single family for lot size, standard
setbacks, lot coverage, etc.
c) Not directly or indirectly adversely affect any other part of the ordinance. Not applicable
d) Be consistent with and not in conflict with the Spearfish comprehensive plan. The
comprehensive plan identifies this location as being with the ‘contiguous city’ which
are the locations where the development patterns are established, and infrastructure
exists to serve growth. Within this geography, the proposal should “Consider traffic
patterns, street design, pedestrian ways, setback, architecture, open space, and
environmental quality when determining the compatibility of a new land
use proposal located in an area having an established development pattern.” The
proposal reflects a logical extension of the existing street and utilities network. Blue
Stem Boulevard is shown on the Master Transportation Plan as an east/west
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Spearfish Planning Commission Staff Report
Meeting Date: July 6, 2021 at 3:00 p.m.
collector street and will be built with this development. The approximate trip
generation resulting from this property will be approximately 230 daily trips.
An open space/trail corridor runs along the north boundary of the parcel and will be incorporated
as part of the Woodlands private trail system. This is not a city maintained system and is not a
condition of zoning approval.
Preliminary Plat Request - Approval of the preliminary plat is based on:
1) All lots are provided a means of access to the street system and the road meets the
standards of the subdivision code, as well as the master transportation plan.
2) Lots are the minimum size according to the zoning of the property.
3) Water and sewer infrastructure requirements of Chapter 15A of the subdivision code are met.
Street access - The internal street cross sections are a 54 foot right of way consisting of 29 feet
of drivable width, curb/gutter, and sidewalk on both sides, and parking on one side. This is the
minor residential classification according to the code and is consistent with the number of
vehicle trips expected within this neighborhood. Street grades throughout range from 1 percent
to 5.4 percent. The Master Transportation Plan identifies Blue Stem Boulevard as a collector
street which provides for 44 feet of drivable width, and instead of two 5 foot sidewalks, one 8
foot sidewalk is proposed.
Lot size - Lot sizes are ½ acre which exceed the minimum according to the zoning district
requirements of 8,000 square feet. Adding lots after preliminary plat is approved is permitted
administratively, if each has individual water/sewer services, and the lots are a minimum of
8,000 square feet.
Water and sewer infrastructure - Standard city water and sewer mains will serve the project.
PUBLIC COMMENTS: Notice of the public hearing was published in the newspaper and
certified mail notices were provided to property owners within 200 feet of the parcel boundary.
No comments have been received as of this writing.
STAFF RECOMMENDATION: Approve.
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ATTACHMENTS:
Page 4 - Aerial and Zoning Map
Page 5 – 6 - Applicant’s Comprehensive Plan Questionnaire/Narrative
Page 7 - Context Map – Tract H (this request) and Tract W1/W2 (separate request)
Page 8 – 12 Preliminary plat and supporting documents
Page 13 – Master Transportation Plan – Major Streets Plan
Staff Contact: Jayna Watson, City Planner, 605-717-1122; jayna.watson@cityofspearfish.com
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Spearfish Planning Commission Staff Report
Meeting Date: July 6, 2021 at 3:00 p.m.
Location of change of zoning from Ag (Agriculture) to R-1 (Single Family) and preliminary
plat approval – Yellow Boundary
Cross Hatch – PUD and DRD
Green = City Agriculture
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Spearfish Planning Commission Staff Report
Meeting Date: July 6, 2021 at 3:00 p.m.
City of Spearfish Comprehensive Plan Questionnaire
Change of zoning and revisions to DRD concept plans
Please provide complete written responses to the following questions concerning your request.
1. In general, describe features of your project that make it compatible to the
existing development patterns around your parcel.
Tract H adjoins the Homestead at Spearfish subdivision along the section line street Bluestem
Blvd, for 1/4 mile and is located on the north side of the section line. It is a logical extension of
this subdivision with the ability to have city sewage services with natural flow. There is also R1
density to the west side of Tract H, the Honeysuckle court area.
2. If the land uses that are adjacent to your property are of a lesser land use
intensity, describe specific buffering methods to be used that will reduce the impacts to
the lesser intensity land uses.
Track H is located below, to the south of Tract W which is zoned city agriculture, as is the
property to the east. Tract H also slopes towards the south. The visual impact to Tract W of the
homes in Tract H is minimized by most of them being out of sight.
3. Describe changes or upgrades needed to the street network to accommodate
traffic from your project.
None to our knowledge as this was planned in our earlier stages of development. Bluestem Blvd
has been planned from the beginning to be a 42 ft collector street.
4. Describe changes to proposed site access points if they are different from any
previous zoning, conditional use permit or DRD concept plan approval.
Access will be the section line street Bluestem Blvd along the entire south side of Tract H.
5. Describe the locations of sidewalks and paths that will be extended along the site
frontage or through the property.
Standard 5 foot sidewalks will be located throughout the project on all streets except for streets
that the city and developer agree upon that the area may be better served by one 8 foot
sidewalk on one side of that street.
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Spearfish Planning Commission Staff Report
Meeting Date: July 6, 2021 at 3:00 p.m.
6. Identify the dimensions of the proposed building setbacks, and if they are more,
less, or the same as what is required by existing zoning on the adjacent property.
Setbacks are proposed to be standard city setbacks as lots are close to half acre lots.
7. Identify the proposed building height, and if it is more, less, or the same as what
is required by existing zoning on the adjacent property.
Building heights will be standard residential building heights according to city ordinances.
Homestead Covenants has some restrictions limiting heights in some locations to prevent
excessive restriction of neighbors views.
8. Does the proposed open space function as: (mark all that apply)
a. Undeveloped space between the project and adjacent development
b. Passive recreation (walking/biking paths, benches/tables)
c. Active recreation (playground structures, sports courts/fields)
There is no proposed open space.
9. Describe if any existing vegetation will be removed from the site or from the
public right of way.
There is only native grasses on Tract H at this time. It will be reseeded the same until
homeowners build and landscape.
10. If your project promotes or supports Black Hills State University by offering
services, programs, facilities, housing or other benefits to the University, describe what
is being provided.
Only that we would be providing very nice single family lots for potential or existing BHSU
faculty and administrators.
11. Describe any affordable housing goals that could be met by your project.
None with this project
12. Describe any other features of your project not addressed above that contribute to
the overall well-being and development of the community.
These will be a little larger traditional curb and gutter city residential lots with great views located
in an extremely convenient location just north exit 14.
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Spearfish Planning Commission Staff Report
Meeting Date: July 6, 2021 at 3:00 p.m.
Location of change of zoning from Ag to R1
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Major Streets Plan of the Master Transportation Plan
Green solid line – existing collector
Green dashed line – future collector Blue Stem Boulevard
Red solid line – existing arterial
Red solid line – future arterial
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Spearfish Planning Commission Staff Report
Meeting Date: July 6, 2021 at 3:00 p.m.
Spearfish Planning Commission Staff Report
Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish SD 57783
and by Zoom Teleconference, see page 3 for instructions to join.
Meeting Date
and Time: July 6, 2021 at 3:00 p.m.
Applicant: Jim Boke
Request: Approve a preliminary plat for a 9 lot subdivision
Action: Hold a public hearing and make recommendation to City Council
Location: East of Woodlands Drive
Proposal Summary: This will result in the development of a single family subdivision with lot
sizes of 2 acres
Page 1
Spearfish Planning Commission Staff Report
Meeting Date: July 6, 2021 at 3:00 p.m.
BACKGROUND AND HISTORY:
• Annexed into the Foothills Addition in 2003 and zoned Agriculture (Ag)
• Surrounding zoning and development patterns:
- North zoned Ag, undeveloped
- Northwest zoned Ag, developed as the Woodlands subdivision
- South zoned Ag with pending change of zoning for R-1 single family and presently
undeveloped
- East – zoned Ag and undeveloped
PROJECT DATA:
Parcel size: 24.2 acres
Number of lots/dwellings: 9 single family lots, 2 acres + in size.
REVIEW CRITERIA AND STAFF ANALYSIS:
This request is governed by the subdivision code which requires the review of the following:
1) All lots are provided a means of access to the street system and the road meets the
standards of the code, as well as the master transportation plan.
2) Lots are the minimum size according to the zoning of the property.
3) Water and sewer infrastructure requirements of Chapter 15A of the subdivision code are met.
Street access - The proposed street cross section for this property will be similar to the existing
Woodland Drive, with a 60 foot right of way and 24 feet of driving lanest, 2 foot paved shoulders,
no curb/gutter or sidewalk and roadside drainage ditches. This is the low density residential
classification according to the code and is consistent with the large lot plan and cul de sac.
Preliminary street grades range from 5.5 percent to 2.5 percent. No collector or arterial streets
are illustrated by the Master Transportation Plan in this location.
Lot size – The minimum lot size of the Ag zoning district is one acre. The proposed lots are 2.5
acres each.
Water and sewer infrastructure – The property owner will extend a water main to these lots from
Woodland Drive and will provide a looped connection to Tract H lying to the south. Sewer is not
required since the parcel is zoned Ag, and gravity sewer flow is more than 200 feet from the
property line, which qualifies this property to use individual septic systems according to this
recent change to the city’s subdivision ordinance in section 15A-95:
(c) Except where otherwise prohibited by law, easement, ordinance, or
other more restrictive regulation, for lots one (1) acre and larger zoned
Agriculture (AG), and located at a distance greater than otherwise
required by state law or city code to be connected to a sanitary sewer,
connection to the municipal sewer system is not required. Private
disposal systems are permitted and must be designed and stamped by a
registered professional engineer. Connection to the municipal water
system is required.
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Spearfish Planning Commission Staff Report
Meeting Date: July 6, 2021 at 3:00 p.m.
The 200 foot distance to sewer is in this section of city code:
Sec. 18-66. When sewer connection required (with exceptions).
The owner of each house, building, or property used for human
occupancy, employment, recreation, or other purposes, situated within
the city and abutting on any street, alley, or right-of-way in which there is
now located or may in the future be located a public sanitary or
combined sewer of the city, is hereby required, at the owner's expense,
to install suitable toilet facilities therein, and to connect such facilities
directly with the proper public sewer in accordance with the provisions of
this article within ninety (90) days after date of official notice to do so,
provided a public sewer is within two hundred (200) feet of the property
line.
An open space/trail corridor runs along the south boundary of the parcel and will be
incorporated as part of the Woodlands private trail system. This is not a city maintained system
and is not a condition of preliminary plat approval.
PUBLIC COMMENTS: Notice of the public hearing was published in the newspaper. No
comments have been received as of this writing.
STAFF RECOMMENDATION: Approve
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Meeting ID 844 2009 8169
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ATTACHMENTS:
Page 4 - Aerial and Zoning Map
Page 5 – Context Map - Tract W1 and W2 (this request) and Tract H (separate rezoning
request)
Page 6–9 Preliminary Plat and supporting documents Tracts W1 and W2
Staff Contact: Jayna Watson, City Planner, 605-717-1122;
jayna.watson@cityofspearfish.com
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Spearfish Planning Commission Staff Report
Meeting Date: July 6, 2021 at 3:00 p.m.
Location of preliminary plat approval – Yellow Boundary
Cross Hatch – PUD and DRD zoning
Green = City Agriculture zoning
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Spearfish Planning Commission Staff Report
Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish SD 57783
and by Zoom Teleconference, see page 4 for instructions to join.
Meeting Date
and Time: July 6, 2021 at 3:00 p.m.
Applicant: Bridgestone Estates LLC
Request: Approve a change of zoning from Ag (Agriculture) to R-1 (Single Family)
and a preliminary plat with a variance to sewer requirements for lots 2-7
Action: Set a public hearing for July 20, 2021
Location: West of the Falcon Crest subdivision on Bridgestone Street.
Christensen Dr.
26th St.
Proposal Summary: This request will apply the R1 Single Family zoning on one lot, with 6 lots
to retain the existing AG zoning for this residential subdivision. A variance is requested to waive
the requirements to extend a municipal sewer to serve all but the R1 one lot.
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Spearfish Planning Commission Staff Report
Meeting Date: July 6, 2021 at 3:00 p.m.
BACKGROUND AND HISTORY:
• Annexed and rezoned to AG in 2018
• Surrounding zoning and development patterns:
- North zoned AG, developed with one residential structure on 5 acres
- South, undeveloped/ County Ag zoning
- East, developed as single family
- West, single family
PROJECT DATA:
Parcel size: 14.90 Acres
Number of lots: 7
Lot sizes: .5 acre to 8 acres
Setbacks required:
Front:25 Feet
Rear: 25 Feet
Side: 8 Feet
Street cross section: The Low Density Residential street classification from the subdivision code
is proposed; 60 feet of right of way, 24 feet for driving lanes, 2 foot paved shoulders, no
curb/gutter or sidewalks, drainage swales on both sides of the street.
City code requires that if a sewer is within 200 feet of a property line, sewer services must be
provided. A variance is requested for this requirement and two factors influence this:
• All of the parcel (except lot 1) slopes to the west and is lower in elevation than the existing
gravity sewer lying to the east in Bridgestone St.
• While gravity sewer exists along the west parcel boundary, it is not cost effective for the
city to own/maintain 700 feet of sewer for the number of lots served.
REVIEW CRITERIA AND STAFF ANALYSIS:
Rezoning Request - The portion of this request to change the zoning on Lot 1 Block 2 is guided
by the City of Spearfish Revised Code of Ordinances, Appendix A- Zoning, Article VI.
Administration and Enforcement, Section 5. Amendments. Staff’s analysis follows each
statement in italic text.
A. Standards for amendments - A proposed amendment shall be considered on its own merits
using the following criteria as a guide.
1. Text or map amendments. Proposed amendments shall:
a) Be necessary because of substantially changed or changing conditions of the area
and district affected, or in the ordinance generally. The change of zoning for lot 1 is
appropriate and consistent with the existing residential land uses of the area.
b) Be consistent with the intent and purposes of the ordinance. The R-1 Single Family
zoning requested for lot 1 is consistent with the residential properties surrounding the
parcel.
c) Not directly or indirectly adversely affect any other part of the ordinance. No adverse
impacts on other ordinance requirements will result. The concept of ‘spot zoning’
does not apply here, which is a term used to describe a land use that is inconsistent
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Spearfish Planning Commission Staff Report
Meeting Date: July 6, 2021 at 3:00 p.m.
with its surroundings. With the advent of mixed use zoning tools in the last 30-40
years where dramatically different land uses can co-exist, spot zoning is no longer a
relevant planning theory.
d) Be consistent with and not in conflict with the Spearfish comprehensive plan. This
parcel is located within the ‘Contiguous City’ where surrounding land use patterns
have been established. This request is consistent with the surrounding areas.
Preliminary Plat and Variance Request - Approval of the preliminary plat is based on:
1) All lots are provided a means of access to the street system and the road meets the
standards of the subdivision code, as well as the master transportation plan.
2) Lots are the minimum size according to the zoning of the property.
3) Water and sewer infrastructure requirements of Chapter 15A of the subdivision code are met.
Street access - The proposed street cross section for this property will have 60 feet of right of
way and 24 feet of asphalt with 2 foot wide paved shoulder, no curb/gutter or sidewalk and
drainage conveyed in roadside ditches. This is the low density residential classification
according to the code and is consistent with the large lot plan and cul de sac. Street grade is
proposed to be 5 percent. The Master Transportation Plan does not show any required major
street right of way abutting or within this property. The nearest future collector street is
approximately ½ mile south of the subject property.
Lot size - Lot sizes are the minimum according to the zoning district requirements. Lot 1 is ½
acre (8,000 s,f, minimum per R-1 single family) and the remaining lots are 1 acre and larger per
the minimum of Ag zoning.
Water and sewer infrastructure - A standard city water main will extend from the east to serve
the 7 lots. Only Lot 1 will have sewer service. The remaining lots will have septic systems
which is the subject of the variance request.
Sewer variance - The variance criteria in the subdivision code is as follows (underline emphasis
added):
“An applicant who is able to show an extraordinary hardship arising from the location,
topography, or other physical characteristic, which would make it difficult or impossible to
conform strictly to these regulations, may apply for a variance. The common council,
upon finding that such conditions do exist and that the public interest shall be secured
and that such project will be beneficial to the community and not nullify the intent and
purposes of the comprehensive plan or these regulations, may vary the regulations so
that substantial justice may be done. The applicant has included a justification for the
variance for why sewer should not be required for lots 2-7, and it is attached to this
report. The primary justification is topography that prohibits gravity flow to the east and
city operational feasibility that prohibit flow to the west. Staff finds that the variance
criteria is met.
PUBLIC COMMENTS: Property owners within 200 feet of the parcel within city limits will
receive notice of the public hearing which will also be published in the newspaper. A copy of this
report has been provided to the Lawrence County Planning and Zoning department.
Page 3
Spearfish Planning Commission Staff Report
Meeting Date: July 6, 2021 at 3:00 p.m.
STAFF RECOMMENDATION: Set a public hearing for July 20, 2021
Staff Contact: Jayna Watson, City Planner, 605-717-1122;
jayna.watson@cityofspearfish.com
Join by zoom teleconference:
https://us02web.zoom.us/j/84420098169
Meeting ID 844 2009 8169
OR DIAL IN: +1 253 215 8782, enter Meeting ID.
ATTACHMENTS:
Page 5 - Aerial and Zoning Map
Page 6 – 9 Preliminary Plat and supporting documents
Page 10 - Applicant narrative – variance justification
Page 11 - Master Transportation Plan – Major Street Plan
Page 4
Spearfish Planning Commission Staff Report
Meeting Date: July 6, 2021 at 3:00 p.m.
Christensen Dr.
26th St.
Blue boundary - overall site location
Yellow - change of zoning from Ag to R1 Single Family
Zoning Legend:
Green = Ag zoning
Pink cross hatch = Planned Unit Development – Single Family
Red = C2 Highway Service Commercial
Page 5
Spearfish Planning Commission Staff Report
Meeting Date: July 6, 2021 at 3:00 p.m.
Page 6
Spearfish Planning Commission Staff Report
Meeting Date: July 6, 2021 at 3:00 p.m.
Page 7
Spearfish Planning Commission Staff Report
Meeting Date: July 6, 2021 at 3:00 p.m.
Page 8
Spearfish Planning Commission Staff Report
Meeting Date: July 6, 2021 at 3:00 p.m.
Page 9
Spearfish Planning Commission Staff Report
Meeting Date: July 6, 2021 at 3:00 p.m.
Page 10
Spearfish Planning Commission Staff Report
Meeting Date: July 6, 2021 at 3:00 p.m.
Location of Subject Property
Master Transportation Plan – Major Street Plan
Green solid/dashed – existing collector street/proposed collector
Red solid/dashed – existing arterial/proposed arterial
Page 11
Spearfish Planning Commission Staff Report
Meeting Date: July 6, 2021 at 3:00 p.m.
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