Planning Commission
Regular MeetingSpearfish, SD · May 16, 2023
Minutes
Revised - 6/6/2023
Spearfish Planning Commission
Regular Session Minutes
May 16, 2023 at 3:00 p.m.
The Spearfish Planning Commission met in regular session on Tuesday, May
16th 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 Megan Byrum, Commissioner Toby Bordewyk, Commissioner
Rick Tysdal, Commissioner Larry Vavruska, and Commissioner Bob Meyer. Also present: Planning
Director Marlo Kapsa, Assistant Planning Director Jennifer Bergstrom, City Manager Steve McFarland,
and City Attorney Ashley McDonald.
APPROVAL OF MINUTES:
Vavruska moved, Tysdal seconded, and all voted to approve the minutes of the May 2nd, 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 Lots E1-C and E1-D in Section 30, T6N, R3E
Location: Southeast of the Intersection of Maitland Road and Christensen Drive; Within 3-
Mile Extraterritorial Jurisdiction Area
Applicant: Eric Nies/Donald Kellogg
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 plat would split the existing Tract E-1B Revised
into two lots: Lot E1-C (2.54 acres) and Lot E1-D (44.90 acres). Kapsa stated that the proposed
lots will both access off of Maitland Road, which is classified as an Arterial on the City’s Major
Street Plan, requiring an 80-foot right-of-way. An additional 7 feet of right-of-way will be required
to be dedicated and all right-of-way will need to be platted out of the proposed lots.
Vavruska moved, Tysdal seconded, and all voted to approve the sketch plat with the
stipulations listed in the staff report, with the exception that Stipulation #2 be changed to
not require the 100-year floodplain area to be shaded on the plat.
2. Request: Approve an amendment to the Revised Ordinances of the City of Spearfish,
Appendix A Zoning, Article V. Supplementary Regulations, Section 3. Minimum
Off-Street Parking Requirements
Location: City of Spearfish
Applicant: City of Spearfish
Action: Hold a public hearing and make recommendation to City Council
Kruskamp opened the public hearing and Kapsa presented a proposed amendment to the
Minimum Off-Street Parking Requirements section of the City’s zoning code. She explained that
clarification is needed to more accurately identify how the parking requirement for a hospital use
is calculated, as well as other uses not expressly identified within the zoning code. She stated the
amendment would add the specific parking requirement for hospitals and would also add
language allowing the Planning Director to determine the parking requirement for other uses not
listed in the code, based upon International Code Council requirements. Kruskamp opened the
public hearing to public comment and Byrum stated that in the future if a public transit system is
put in place, the off-street parking requirements will need to be reviewed again at that time.
Additionally, Byrum discussed possible incentives for minimum off-street parking requirements
Spearfish Planning Commission
May 16, 2023
Regular Session Minutes
Page 2
for businesses in the downtown and surrounding C-1 zoned area. There was no comment from
the public.
Bordewyk moved, Meyer seconded, and all voted to recommend approval.
3. Items for Discussion:
Corridor Studies – Project Updates: Kapsa stated that there are no major updates at this time.
Hill Street Apartments Annexation/Rezone: Kapsa stated that the City has received an
application for rezone and annexation for apartments to be built off of Hill Street. This request
will be presented at a future meeting.
4. City Council Update –
Kapsa stated that at the City Council meeting held on May 15, 2023, the City Council approved the
final plat of Lots 1R, 2A, and 2B of Gengler Subdivision. She said they also approved the transfer
of six lots at Sky Ridge to Spearfish Economic Development Corporation.
5. Public Comment – City Attorney Ashley McDonald stated a reminder that any correspondence
involving a quorum of the Planning Commission constitutes an official meeting, including email
correspondence. No public comments were provided.
6. Adjournment - Kruskamp adjourned the meeting at 3:16 p.m.
Agenda
Spearfish Planning Commission Agenda
May 16, 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 May 2, 2023
D. Declaration of Conflicts of Interest
E. Items for Action
1. Request: Approve a Sketch Plat for Lots E1-C and E1-D in Section 30, T6N,
R3E
Location: Southwest of Intersection of Maitland Road and Christensen Drive
Applicant: Eric Nies/Donald Kellogg
Action: Approve Sketch Plat with Stipulations
2. Request: Approve an amendment to the Revised Ordinances of the City of
Spearfish, Appendix A Zoning, Article V. Supplementary Regulations,
Section 3. Minimum Off-Street Parking Requirements
Location: City of Spearfish
Applicant: City of Spearfish
Action Hold a public hearing and make recommendation to City Council
F. Items for Discussion
1. Corridor Studies - Project Updates
2. Hill Street Apartments Annexation/Rezone
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
May 2, 2023 at 3:00 p.m.
The Spearfish Planning Commission met in regular session on Tuesday, May 2nd
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 3:04 p.m. Roll call was taken with the following members present: Chair
Greg Kruskamp, Vice Chair Megan Byrum, Commissioner Rick Tysdal, Commissioner Larry Vavruska,
and Commissioner Bob Meyer. Also present: Planning Director Marlo Kapsa, Assistant Planning
Director Jennifer Bergstrom, and City Attorney Ashley McDonald.
APPROVAL OF MINUTES:
Vavruska moved, Tysdal seconded, and all voted to approve the minutes of the April 18, 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 Final Plat for Lots 1R, 2A, and 2B of Gengler Subdivision in Section
7, T6N, R2E
Location: Southwest of the intersection of Higgins Gulch Road and Hillsview Road;
Within 3-Mile Extraterritorial Jurisdiction Area
Applicant: Professional Mapping and Surveying, LLC
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 plat would subdivide existing Lots 1 and 2 of
Gengler Subdivision into 3 lots: Lot 1R (2.003 acres), Lot 2A (3.05 acres), and Lot 2B (12.58
acres). Kapsa stated that the sketch plat was approved by the Planning Commission at the April
18th meeting with stipulations, and these stipulations have not yet been met, so they are still
recommended for the final plat.
Vavruska moved, Byrum seconded, and all voted to approve the final plat with the
stipulations listed in the staff report.
2. Request: Approve an amendment to the Revised Ordinances of the City of Spearfish,
Appendix A Zoning, Article V. Supplementary Regulations, Section 3. Minimum
Off-Street Parking Requirements
Location: City of Spearfish
Applicant: City of Spearfish
Action: Set a public hearing date for May 16, 2023
Kapsa presented a proposed amendment to the Minimum Off-Street Parking Requirements
section of the City’s zoning code. She explained that clarification is needed to more accurately
identify how the parking requirement for a hospital use is calculated, as well as other uses not
expressly identified within the zoning code. She stated the amendment would add the specific
parking requirement for hospitals, and would also add language allowing the Planning Director
to determine the parking requirement for other uses not listed in the code, based upon
International Code Council requirements.
Vavruska moved, Byrum seconded, and all voted to set the public hearing date for May
16, 2023.
Spearfish Planning Commission
May 2, 2023
Regular Session Minutes
Page 2
3. Items for Discussion:
Corridor Studies – Project Updates: Kapsa stated that the public hearing for the Spearfish Rest
Area/Welcome Center Corridor Study was held on April 27th at 5:30 pm at Spearfish City Hall.
4. City Council Update –
Kapsa stated that at the City Council meeting held on May 1, 2023, the City Council awarded the
contract for the Comprehensive Plan update to SE Group.
5. Public Comment – No comments were provided.
6. Adjournment - Kruskamp adjourned the meeting at 3:17 p.m.
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: May 16th, 2023 at 3:00 p.m.
Applicant: Eric Nies/Donald Kellogg
Request: Approve a Sketch Plat for Lots E1-C and E1-D in Section 30, T6N,
R3E
Action: Approve with Stipulations
Location: Southeast of Intersection of Maitland Road and Christensen Drive;
Within 3-Mile Extraterritorial Jurisdiction Area
Proposal Summary: The proposed plat would split the existing Tract E-1B Revised into two
lots: Lot E1-C (2.54 acres) and Lot E1-D (44.90 acres).
Page 1
Spearfish Planning Commission Staff Report
Meeting Date: May 16, 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. There is an existing residence on the proposed Lots E1-C, and there is no
residence on the proposed Lot E1-D. 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 Park Forest District (Lawrence County). The proposed
lot sizes meet all minimum zoning requirements.
Utilities: The proposed Lot E1-C has its own well and on-site wastewater system to serve the
existing residence. The proposed Lot E1-D meets the minimum South Dakota Department of
Agriculture and Natural Resources (DANR) standards to support its own individual well and on-
site wastewater system.
Access: The proposed Lots E1-C and E1-D will both access off of Maitland Road, which is
classified as an Arterial Road on the City’s Major Street Plan, requiring an 80-foot right-of-way.
There is an existing 66-foot right-of-way currently along Maitland Road, and an additional 7 feet
of right-of-way must be dedicated and platted out of the proposed lots.
Platting Process: Following approval of the sketch plat, the applicant may submit a final plat for
review by the Planning Commission and City Council.
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 recording the Final Plat, the plat document shall be revised to dedicate an
additional 7 feet of right-of-way along Maitland Road, and all right-of-way shall be platted
out of the proposed Lots E1-C and E1-D.
2. Prior to recording the Final Plat, the plat document shall be revised to show the 100-year
floodplain area shaded on the plat. Note #2 shall be updated to remove the word “possibly”
as it states the presence of Flood Zone A.
3. Prior to recording the Final Plat, a basis of bearing statement shall be added to the notes.
4. Prior to recording the Final Plat, an “Area Summary” shall be added to the plat, stating the
“Total Platted Area”, “Lot Area”, “Dedicated ROW Area”, and “Remaining Acreage”.
STAFF CONTACT: Marlo Kapsa – Planning Director, 605-717-1122;
marlo.kapsa@cityofspearfish.com
ATTACHMENTS:
Page 3 – Aerial Map
Page 3 – Final Plat
Page 5 – Structural Survey
Page 2
Spearfish Planning Commission Staff Report
Meeting Date: May 16, 2023 at 3:00 p.m.
Aerial Map
Page 3
Spearfish Planning Commission Staff Report
Meeting Date: May 16, 2023 at 3:00 p.m.
Final Plat
Page 4
Spearfish Planning Commission Staff Report
Meeting Date: May 16, 2023 at 3:00 p.m.
Structural Survey
Page 5
Spearfish Planning Commission Staff Report
Meeting Date: May 16, 2023 at 3:00 p.m.
Spearfish Planning Commission Staff Report
Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish SD 57783
and by Zoom Online Meeting
Meeting Date and Time: May 16, 2023 at 3:00 p.m.
Applicant: City of Spearfish
Request: Approve an amendment to the Revised Ordinances of the City of
Spearfish, Appendix A Zoning, Article V. Supplementary
Regulations, Section 3. Minimum Off-Street Parking Requirements
Action: Hold a public hearing and make recommendation to City Council
Location: City of Spearfish
Proposal Summary: This will clarify how to calculate the parking requirements for
hospital uses within the City and uses not specified within the
zoning code.
Background and History:
A clarification is needed for this section of the zoning code to more accurately identify how an
applicant should calculate the parking for hospital uses and for other uses not expressly identified
within the zoning code. Currently, there is no standard within the zoning code that addresses
hospital parking requirements. Additionally, it is not feasible for a zoning code to cover every
possible use within a city. It is important that language be included within the zoning code to
account for these situations, so ordinance revision is not required for each instance of unspecified
use.
See attached for the proposed changes in underline and strikethrough.
STAFF RECOMMENDATION: Recommend Approval to City Council
ATTACHMENTS:
Page 2 – Ordinance form of zoning text amendment
STAFF CONTACT: Marlo Kapsa, Planning Director, 605-717-1122;
marlo.kapsa@cityofspearfish.com
Page 1
Spearfish Planning Commission Staff Report
Meeting Date: 5-16-2023 at 3:00 p.m.
ORDINANCE NO. [X]
AN ORDINANCE AMENDING THE MINIMUM OFF-STREET
PARKING REQUIREMENTS REGULATIONS
BE IT ORDAINED by the Common Council of the City of Spearfish that Appendix A. Zoning,
Article V. Development Requirements, , Section 3. Minimum Off-Street Parking Requirements
of the Revised Ordinances of the City of Spearfish is hereby amended—with strikethrough
indicating text to be deleted, underline indicating text to be added, and the remainder of the
Article left unaffected—as follows:
Section 3. Minimum off-street parking requirements
[...]
3. Minimum amounts of off-street parking facilities required. The following minimum amounts of off-
street parking facilities shall be provided. The classification of uses shall be deemed to include and
apply to all uses and if the classification is not readily determinable it shall be fixed by the zoning
administrator determined by the Planning Director. Such determination shall be based upon the
current International Code Council requirement.
a. Dwellings, one-family and twofamily. Two (2) spaces per dwelling unit.
b. Dwellings, multi-family.
(1) Studio, one (1) bedroom, two (2) bedroom: 1.5 spaces per dwelling unit.
(2) Three (3) bedroom: Two (2) spaces per dwelling unit.
(3) Four (4) bedroom: Three (3) spaces per dwelling unit.
(4) If garage parking is included in the minimum required parking, each garage parking stall counts as
one-half (½) a parking space toward the total parking required.
c. Hotels, motels, rooming houses, bed and breakfast establishments. One (1) space per guest room.
d. Manufactured home parks. Two (2) spaces per manufactured home.
e. Nursing, long-term care facilities. One (1) space per four (4) beds.
f. Theaters, auditoriums, gymnasiums. One (1) space per three (3) seats. Convention facilities: One (1)
space per fifteen (15) square feet of assembly area. Multiple-screen theater: One (1) space per five (5)
seats.
g. Churches. One (1) space per four (4) seats.
h. Funeral homes. One (1) space per four (4) seats.
i. Schools, elementary. Two (2) spaces per classroom.
j. Schools, secondary. Ten (10) spaces per classroom.
k. Restaurants, on-sale liquor establishments. One (1) space per one hundred (100) square feet of gross
floor area.
l. Private and public utility substations, commercial storage units. No parking requirements except that
all areas of ingress/ egress and loading/unloading/ storage shall be hard surfaced.
m. Health clinics. Single practitioner clinics one (1) space per three hundred (300) square feet of gross
floor area; multiple practitioner clinics one (1) space per two hundred (200) square feet of gross floor
area.
n. Industrial and manufacturing establishments. One (1) space per four hundred (400) square feet of
gross floor area.
o. Warehouses shall provide one (1) parking space per one thousand (1,000) square feet of gross floor
area plus one (1) parking space per employee.
Page 2
Spearfish Planning Commission Staff Report
Meeting Date: 5-16-2023 at 3:00 p.m.
p. Group care homes/assisted living and congregate care facilities. One (1) space for each three (3)
residents, one (1) handicapped space, and one (1) space for each employee on the most fully staffed
shift.
q. Office buildings for general business, commercial and personal service establishments. One (1)
space per two hundred (200) square feet of gross floor area.
r. Buildings for retail trade. One (1) space per three hundred (300) square feet of gross retail space.
s. Drive-up windows. Driveways for drive-up service windows shall be of sufficient length to
accommodate the stacking of three vehicles.
t. Sports and recreation facilities.
(1) Golf course. Six (6) spaces per hole.
(2) Baseball/softball/soccer. Thirty-six (36) spaces per field.
(3) Tennis court. Four (4) spaces per court.
(4) Swimming pool/water park. As per a parking plan approved by the city council.
(5) Bowling alley. Four (4) spaces per lane.
u. Fire/ambulance facilities. Fire, four (4) spaces per bay; ambulance, three (3) spaces per bay.
v. New and used vehicle and equipment sales. All areas used for storage and display shall be paved.
w. Manufactured home sales. Based on standard requirements for permanent structures and sales
offices.
x. Airports. As regulated in the APZ, airport zoning district.
y. Hospitals. Two (2) spaces per bed.
[...]
***
Severability. The provisions of this ordinance are severable. If any provision of this ordinance or
the application thereof to any person or circumstance is held to be invalid, such invalidity shall not
affect other provisions or applications of this ordinance which can be given effect without the
invalid provision or application.
Effective Date. This Ordinance will become effective 20 days following publication, which will
occur after the ordinance receives second and final reading by the City Council and is signed by the
Mayor.
Dated this ________ day of _____________________, 2023.
CITY OF SPEARFISH
By:
(Seal) John Senden, Its Mayor
Attest:
Michelle DeNeui, Finance Officer
Page 3
Spearfish Planning Commission Staff Report
Meeting Date: 5-16-2023 at 3:00 p.m.
First Reading:
Second Reading:
Public Hearing:
Published:
Effective:
Page 4
Spearfish Planning Commission Staff Report
Meeting Date: 5-16-2023 at 3:00 p.m.
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