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Planning Commission

Regular Meeting

Spearfish, SD · April 4, 2023

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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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