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Planning Commission

Regular Meeting

Spearfish, SD · August 2, 2022

AgendaMinutes

Minutes

Spearfish Planning Commission Regular Session Minutes 02Aug22 at 3:00 p.m. The Spearfish Planning Commission met in regular session on Tuesday, 02Aug22 at 3:00 p.m. in the council chamber of city hall and via Zoom video conference. Meghan Byrum called the meeting to order at 3:00 p.m. Roll call was taken with the following members present: Meghan Byrum, Toby Bordewyk, Bob Meyer, Rick Tysdal, and Barbara Zwetzig; absent Greg Kruskamp and Larry Vavruska. Also present: Planning Director Nick Broyles, Mayor John Senden, City Administrator Steve McFarland, City Attorney Ashley McDonald, and Administrative Assistant Erica Bussiere. APPROVAL OF MINUTES Zwetzig moved, Meyer seconded, and all voted to approve the minutes of the 19Jul22 Planning Commission meeting. DECLARATIONS OF CONFLICTS OF INTEREST Byrum called for any potential conflicts of interest to be identified. No conflicts were expressed. Broyles introduced Rick Tysdal via a short biography, and Commissioner Tysdal addressed the Board. 1. Request: Discuss Development Options for the Highway 85 Corridor Location: City Council Chamber, 625 Fifth Street, Spearfish, SD Applicant: Action: Request Motion from Planning Commission on How to Proceed Broyles and City staff presented findings for questions posed by the Planning Commission on 19Jul22. Findings are articulated in the 02Aug22 agenda: (1) options for de-annexation – how is it initiated/approved; (2) ordinance 15A compels connection to city services to subdivide; can a property have septic without subdividing? Does it matter if it is zoned AG or C2? (3) can “special permitted uses” allow for septics/wells on AG and/or C2? Does it matter if it is subdivided or not? (4) discuss engineering of septic systems with the result of quantifying septic requirements, and possibly approving on a case-by-case basis; (5) through “special permitted uses”, can commercial activities be permitted on AG? Staff recommended one of two options: (1) recommend City Council to continue to require development to occur within the parameters of existing code and annexation agreement, or (2) recommend City Council direct staff to explore changes to current ordinances to facilitate development through alternative means. Zwetzig made a motion and Meyer seconded to direct staff to develop high-level, big-picture bullet points to define general requirements, with particular emphasis on risk, simplicity, and flexibility for the following three items: (1) Actual “special permitted uses” language across appropriate zoning districts that would address septic systems, or onsite sewage disposal. Commission suggested something similar to the “conditional use permit” language – perhaps where specific questions need to be answered by applicant (2) Proposed language edits of Chapter 15A of the code (subdivision) to align with “special permitted uses” from item 1 (3) At a big picture level, explore a methodology for quantifying risks associated with septic systems The motion passed unanimously with no Commissioner dissent. Spearfish Planning Commission Regular Session Minutes Page 2 2. City Council Update: Broyles provided an update on the Elkhorn Ridge Lift Station A & B bid letting and award. The bid came in at ~1% over engineer’s estimate. Elkhorn and KLJ recommended awarding the contract to Mainline Construction and City Council concurred. Broyles also provided an update on the Exit 8 Community Path Project. Bids came in at ~56% over engineer’s estimate. The bid was rejected. Lastly, Broyles informed Commission that Council and Staff are currently in 2023 budget discussions. 3. Public Comment: Public comment was provided by Joe Jorgenson. 4. Adjournment: Byrum adjourned the meeting at 4:35 PM.

Agenda

Spearfish Planning Commission Agenda 02Aug22 at 3:00 p.m. Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish, SD And Zoom Online Meeting Join Zoom Meeting https://us02web.zoom.us/j/88567070608 Meeting ID: 885 6707 0608 Or Dial in: 02Aug22 at 3:00 p.m. and enter Meeting ID A. Call To Order B. Roll Call C. Approve the Minutes from 19Jul22 D. Declaration of Conflicts of Interest E. Items for Action 1. Request: Discuss Development Options for the Highway 85 Corridor Location: City Council Chamber, 625 Fifth Street, Spearfish, SD Applicant: Action: Request Motion from Planning Commission on How to Proceed F. City Council Update G. Public Comment - Public comments are welcome at this time, however, no action will be taken. H. 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 19Jul22 at 3:00 p.m. The Spearfish Planning Commission met in regular session on Tuesday, 19Jul22 at 3:00 p.m. in the council chamber of city hall and via Zoom video conference. Meghan Byrum chaired the meeting and called the meeting to order at 3:00 p.m. Roll call was taken with the following members present - Meghan Byrum, Toby Bordewyk, Greg Kruskamp, Bob Meyer, Larry Vavruska, and Barbara Zwetzig; members absent – none. Also present were Planning Director Nick Broyles, City Administrator Steve McFarland, City Attorney Ashley McDonald, and Administrative Assistant Erica Bussiere. APPROVAL OF MINUTES: Vavruska moved, Kruskamp seconded, and all voted to approve the minutes of the 05Jul22 Planning Commission meeting. DECLARATIONS OF CONFLICTS OF INTEREST: Byrum called for any potential conflicts of interest to be identified. No conflicts were expressed. ITEMS FOR ACTION: 1. Request: Further discuss development of Highway 85 corridor Location: City Council Chamber, 625 Fifth Street, Spearfish, SD Applicant: Action: Request direction from Planning Commission on how to proceed Broyles and Mathis (City Engineer) presented staff recommendations regarding options for infrastructure development along the Highway 85 corridor from Kerwin Lane to Kellem Lane. In summary, the five recommendations were: (1) do not pursue the creation of a new zoning district, (2) do not modify any existing ordinace texts; C2, Chapter 15A Subdivisions, or otherwise, (3) do not de-annex the parcels; keep them within the City, (4) do let developmet occur within the constraints of existing code; staff encourages developers to continue to develop, communicate, and submit creative strategies for growth along the corridor, and (5) developers should consider creative alternatives such as small package plants for small geographic areas; proposals should be landowner driven and staff would be pleased to review. The was discussion between the Planning Commission, City Staff, and Joe Jorgenson regarding recommendations and alternatives. Planning Commission, in turn, directed the City Staff to research the following and report back to the Commission: (1) options for de-annexation; how is it initiated/approved? (2) Ordinance 15A compels connection to City services to subdivide; can you have septic without subdividing; regardless of if it is zoned AG or C2? (3) can “special permitted uses” allow for septic/wells on AG and/or C2? Does it matter if it is subdivided or not? (4) the Commission wants to see some discussion on the engineering of septic systems, with the result of quantifying septic requirements, and possibly approving on a case-by-case basis, and (5) through “special permitted uses”, can commercial activities be permitted on AG? Additional thoughts from the Planning Commission were (1) we should have the same allowances on City ground east of the Highway that they do on County ground west of the highway, (2) we should have a provision for the use of septic based on quantity of discharge, or capacity, and (3) we should conduct some analysis of geology and hydrology of the area. Spearfish Planning Commission Regular Session Minutes Page 2 2. City Council Update: Broyles provided the following City Council updates: (1) there was significant public comment on Airbnb’s in town and some problems they were contributed to (parking, blocked mailboxes, noise); Council was asked if they should be regulated in some way. (2) Scott Deaver is now the permanent Fire Chief, (3) Rainbow Road channel grading and culvert upsize was approves, (4) Colorado Boulevard chip seal was approved, and (5) Resolution 2022-22 to transfer 10 additional lots to SEDC was passed. 3. Public Comment: Public comment was made by Joe Jorgenson. 4. Adjournment: Byrum adjourned the meeting at 4:16 p.m.

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