Planning Commission
Regular MeetingSpearfish, SD · April 4, 2023
Minutes
Spearfish Planning Commission
Regular Session Minutes
April 4, 2023 at 3:00 p.m.
The Spearfish Planning Commission met in regular session on Tuesday, April 4,
2023 at 3:00 p.m. in the council chamber of city hall and via Zoom video conference. Chair Greg
Kruskamp called the meeting to order at 3:00 p.m. Roll call was taken with the following members
present: Chair Greg Kruskamp, Vice Chair Meghan Byrum, Commissioner Rick Tysdal, Commissioner
Toby Bordewyk, and Commissioner Bob Meyer. Also present: Planning Director Marlo Kapsa, Assistant
Planning Director Jennifer Bergstrom, Mayor John Senden, City Attorney Ashley McDonald, and City
Administrator Steve McFarland.
APPROVAL OF MINUTES:
Kruskamp moved, Bordewyk seconded, and all voted to approve the minutes of the March 7,
2023 Planning Commission meeting.
DECLARATIONS OF CONFLICTS OF INTEREST:
Kruskamp called for any potential conflicts of interest to be identified. No conflicts were expressed.
1. Request: Approve a Sketch Plat for Tracts JL-1 and JL-2 of Section 36, T6N, R3E
Location: Southeast of the intersection of SD Hwy 85 and Crook City Road; Within 3-Mile
Extraterritorial Jurisdiction Area
Applicant: Interstate Engineering
Action: Approve Sketch Plat with Stipulations
Kapsa presented the sketch plat, which is a minor plat within the 3-Mile Extraterritorial
Jurisdiction area with Lawrence County. This property is currently unplatted and this plat will
create two new lots. The proposed Tract JL-1 will be 24.9 acres in size, and the proposed Tract
JL-2 will be 54.42 acres in size. Kapsa explained that this plat is a result of a judgement on an
adverse possession case in which a survey was ordered by the court. She stated that the
Lawrence County Planning & Zoning Department has agreed to allow Tract JL-1 to be under
the 40-acre minimum size requirement of the A-1 (General Agriculture) zoning district, since the
adjacent property is under the same family ownership. Kapsa stated that Tract JL-2 has legal
access but Tract JL-1 does not, and that legal access to Tract JL-1 will need to be shown on the
final plat.
Bordewyk moved, Byrum seconded, and all voted to approve the sketch plat with the
stipulations listed in the staff report.
2. Items for Discussion:
Corridor Studies – Project Updates: Kapsa stated that the public hearing set for April 5th for
the Spearfish Rest Area/Welcome Center Corridor Study was rescheduled due to weather to April
27th at 5:30 at Spearfish City Hall.
Comprehensive Plan Proposals: Kapsa gave an update on the Comprehensive Plan. She said
the City has received five proposals, which have been forwarded to the selection committee for
review. Comments are due back on April 14th and these will be brought to the Planning
Commission at the April 18th meeting for recommendation to City Council.
3. City Council Update –
Kapsa stated that at the April 3rd City Council meeting, the City Council approved a resolution of
intent to enter into a pasture lease agreement at the McLaughlin Sawmill property. Also, the
Spearfish Planning Commission
April 4, 2023
Regular Session Minutes
Page 2
Council approved the concept design and location at Spartan Park for the new proposed skate park.
McFarland stated that the City approved the Playground Renovation contract for the Rocket Ship
Playground at Evans Park.
4. Public Comment – No comments were provided.
5. Adjournment - Kruskamp adjourned the meeting at 3:15 PM.
Agenda
Spearfish Planning Commission Agenda
April 4, 2023 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/83971284645
Meeting ID: 839 7128 4645
Or Dial in:
+1 669 444 9171 and enter Meeting ID
A. Call To Order
B. Roll Call
C. Approve the Minutes from March 7, 2023
D. Declaration of Conflicts of Interest
E. Items for Action
1. Request: Approve a Sketch Plat for Tracts JL-1 and JL-2 of Section 36, T6N,
R3E
Location: Southwest of Intersection of SD Hwy 85 and Crook City Road; Within
3-Mile Extraterritorial Jurisdiction Area
Applicant: Interstate Engineering
Action: Approve with Stipulations
F. Items for Discussion
1. Corridor Studies - Project Update
2. Comprehensive Plan Proposals
G. City Council Update
H. Public Comment - Public comments are welcome at this time, however, no action will be
taken.
I. Adjournment
Spearfish Planning Commission
Regular Session Minutes
March 7, 2023 at 3:00 p.m.
The Spearfish Planning Commission met in regular session on Tuesday, March
7, 2023 at 3:00 p.m. in the council chamber of city hall and via Zoom video conference. Vice Chair
Meghan Byrum called the meeting to order at 3:00 p.m. Roll call was taken with the following members
present: Vice Chair Meghan Byrum, Commissioner Rick Tysdal, Commissioner Toby Bordewyk,
Commissioner Larry Vavruska, and Commissioner Bob Meyer. Also present: Planning Director Marlo
Kapsa, Assistant Planning Director Jennifer Bergstrom, City Attorney Ashley McDonald, and City
Administrator Steve McFarland.
APPROVAL OF MINUTES:
Vavruska moved, Tysdal seconded, and all voted to approve the minutes of the February 21, 2023
Planning Commission meeting.
DECLARATIONS OF CONFLICTS OF INTEREST:
Byrum called for any potential conflicts of interest to be identified. No conflicts were expressed.
1. Request: Approve a Final Plat for Tract S & Tract M of Section 9, T6N, R3E
Location: Northeast of the intersection of N Rainbow Road and Turtle Lane; Within 3-
Mile Extraterritorial Jurisdiction Area
Applicant: Interstate Engineering
Action: Approve Final Plat with Stipulations
Kapsa presented the final plat, which is a minor plat within the 3-Mile Extraterritorial
Jurisdiction area with Lawrence County. This property is currently unplatted and this plat will
create two new lots. The proposed Tract M will be 2.25 acres in size, and the proposed Tract S
will be 8.9 acres in size. Kapsa stated that this plat was approved as a sketch plat at the February
21st Planning Commission meeting, with stipulations. These stipulations had mostly been met,
with the exception that the 40-foot right-of-way along North Rainbow Rd. (including the 33-
foot section line right-of-way) should extend along the entirety of the western property
boundary.
Tysdal moved, Vavruska seconded, and all voted to approve the final plat with the
stipulations listed in the staff report.
2. Request: Approve a Final Plat for Lot 1A1 and Lot 1A2 of Pine Oak Subdivision in
Section 6, T6N, R2E
Location: West of intersection of Hillsview Road and Ridge Road; Within 3-Mile
Extraterritorial Jurisdiction Area
Applicant: All Aspects Inc.
Action: Approve Final Plat
Kapsa presented the final plat, which is a minor plat in the 3-Mile Extraterritorial Jurisdiction
area with Lawrence County. This plat will split the existing Lot 1A Revised into two lots: Lot
1A1, which will be 2 acres in size, and Lot 1A2, which will be 19.147 acres in size. Kapsa stated
that this plat was approved as a sketch plat at the February 21 st Planning Commission meeting,
with stipulations. All stipulations were met, including the dedication of a 50-foot right-of-way
along Hillsview Road. She noted that they will be recording a well share agreement along with
the final plat.
Meyer moved, Bordewyk seconded, and all voted to approve the final plat.
Spearfish Planning Commission
March 7, 2023
Regular Session Minutes
Page 2
5. Items for Discussion:
Corridor Studies – Project Updates: Kapsa provided an update on the progress of the corridor
studies that are in process. She stated that a Study Advisory Team meeting was held the week
prior for the Spearfish Rest Area/Welcome Center Corridor Study and that there will be a public
input session for this study on April 5th at 5:30 at Spearfish City Hall. She said that the following
week there will be a Study Advisory Team meeting for the Colorado Boulevard Corridor Study, as
well as a discussion with staff on future traffic volumes for the Highway 85 Corridor Study.
6. City Council Update –
Kapsa stated that at the March 6th City Council meeting, the City Council approved a resolution
that adopted a discretionary formula for reduced taxation for affordable housing structures. She
stated that City Council also held a public hearing and approved the second reading of Ordinance
1377, amending regulations for the administrative approval of plats. She also noted that a sewer
service agreement and an encroachment agreement were approved.
7. Public Comment – No comments were provided.
8. Adjournment - Byrum adjourned the meeting at 3:17 PM.
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: April 4, 2023 at 3:00 p.m.
Applicant: Interstate Engineering
Request: Approve a Sketch Plat for Tracts JL-1 and JL-2 in Section 36,
T6N, R3E
Action: Approve with Stipulations
Location: Southwest of Intersection of SD Hwy 85 and Crook City Road;
Within 3-Mile Extraterritorial Jurisdiction Area
Proposal Summary: The subject property is currently unplatted. The proposed plat would
create Tract JL-1 (24.90 acres in size) and Tract JL-2 (54.42 acres in size).
Page 1
Spearfish Planning Commission Staff Report
Meeting Date: April 4, 2023 at 3:00 p.m.
General Comments:
The proposed sketch plat is a minor plat within the 3-Mile Extraterritorial Jurisdiction area with
Lawrence County. The subject property is currently undeveloped. This plat is a result of a
judgement on an adverse possession case in which a survey was ordered by the court. Staff
would recommend approval of the sketch plat with the stipulations noted at the end of the report.
Staff Review:
Zoning: The property is currently zoned A-1 – General Agriculture District (Lawrence County).
Both proposed tracts are smaller than the 40-acre minimum required in the General Agricultural
District regulations, however, Lawrence County Planning and Zoning has agreed to allow Tract
JL-1 to be under this required size since the adjacent property is under the same family ownership.
Utilities: Both lots meet minimum DANR standards to support their own individual well and on-
site wastewater systems.
Access: Tract JL-2 is accessible by section line right-of-way. Since Tract JL-1 does not have
section line access, legal access must be shown on the final plat.
Summary:
The proposed plat generally complies with all applicable Zoning and Subdivision Regulations. As
such, staff would recommend approval of the proposed plat with the following stipulations:
1. Prior to Final Plat submittal, the plat document shall be revised to show legal access to
Tract JL-1.
2. Prior to Final Plat submittal, the plat document shall be revised to include all required
wording in the Certificate of Ownership statements.
3. Prior to Final Plat submittal, the plat document shall be revised to list the correct street
authority certification.
4. Prior to submittal of a Final Plat, the plat document shall be revised to list a Surveyor’s
Note stating that a “5-foot Utility Easement is hereby dedicated along the interior side of
all lot lines on this plat.”
5. Prior to submittal of a Final Plat, the plat document shall be revised to include an “Area
Summary”, showing “Total Platted Area” and “Lot Area”.
STAFF CONTACT: Marlo Kapsa – Planning Director, 605-717-1122;
marlo.kapsa@cityofspearfish.com
ATTACHMENTS:
Page 3 – Aerial Map
Page 4 – Sketch Plat
Page 2
Spearfish Planning Commission Staff Report
Meeting Date: April 4, 2023 at 3:00 p.m.
Aerial Map
Page 3
Spearfish Planning Commission Staff Report
Meeting Date: April 4, 2023 at 3:00 p.m.
Sketch Plat
Page 4
Spearfish Planning Commission Staff Report
Meeting Date: April 4, 2023 at 3:00 p.m.
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