Planning Commission
Regular MeetingSpearfish, SD · June 6, 2023
Minutes
Revised 06/26/2023
Spearfish Planning Commission
Regular Session Minutes
June 6, 2023 at 3:00 p.m.
The Spearfish Planning Commission met in regular session on Tuesday, June 6,
2023 at 3:00 p.m. in the council chamber of city hall and via Zoom video conference. Chairman
Kruskamp called the meeting to order at 3:00 p.m. Roll call was taken with the following members
present: Meghan Byrum, Greg Kruskamp, Bob Meyer, and Rick Tysdal. Also present: Planning Director
Marlo Kapsa, City Attorney Ashley McDonald, Mayor John Senden, and City Administrator Steve
McFarland.
APPROVAL OF MINUTES:
Tysdal moved, Meyer seconded and all voted to approve the minutes of the May 16, 2023
Planning Commission meeting with an amendment being made to reflect Commissioner
Byrum’s comments regarding possible incentives for minimum off-street parking requirements
for businesses in the downtown and surrounding C-1 zoned area.
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 E1-C and E1-D in Section 30, T6N, R3E
Location: Southeast of Intersection of Maitland Road and Christensen Drive
Applicant: Eric Nies/Donald Kellogg
Action: Approve Final Plat with Stipulations
Kapsa presented the final plat and staff report noting that no changes were made since Sketch
Plat approval aside from the removal of floodplain being shown on the plat as requested by
Planning Commission. Tysdal moved, Byrum seconded and all voted to recommend
approval of the Final Plat to City Council with the stipulations noted in the staff report.
2. Request: Approve a Sketch Plat for Lots 1-3 of X Heart Subdivision in Section 32, T7N,
R2E
Location: West of Intersection of Westview Drive and Old Belle Road
Applicant: Mark Backens
Action: Approve the Sketch Plat with Stipulations
The property owner, Mark Backens was present to give an introduction on the project. Kapsa
presented the sketch plat and associated staff report. Commissioner Byrum asked a question
regarding the previous location of the gravel pit on proposed Lot 3. Backens noted that the
gravel pit which is no longer in service covered the majority of proposed Lot 3. Byrum asked if
any environmental analysis would need to be submitted prior to development of proposed Lot 3
and Kapsa noted that a geotechnical report would be required prior to construction along with
any documentation of previous site mitigation from the State. Tysdal moved, Byrum
seconded and all voted to approve the Sketch Plat with the stipulations noted in the staff
report.
Page 2
Spearfish Planning Commission Minutes
June 6, 2023
3. Items for Discussion:
Planning Studies – Project Updates: Kapsa stated that the Comprehensive Plan update kickoff
meeting was held last Friday and that project goals, responsibilities, and key stakeholders were
discussed. She noted that more information on next steps in the comprehensive plan update process
would be coming over the next few weeks.
4. City Council Update – Kapsa noted that an easement agreement with MDU was approved in the
Sky Ridge subdivision and that the final lot transfer for Phase 1 of Sky Ridge subdivision was approved
by Council.
7. Public Comment – No comments were provided.
8. Adjournment - Kruskamp adjourned the meeting at approximately 3:15 p.m.
Agenda
Spearfish Planning Commission Agenda
June 6, 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 16, 2023
D. Declaration of Conflicts of Interest
E. Items for Action
1. Request: Approve a Final Plat for Lots E1-C and E1-D in Section 30, T6N, R3E
Location: Southeast of Intersection of Maitland Road and Christensen Drive
Applicant: Eric Nies/Donald Kellogg
Action: Approve Final Plat with Stipulations
2. Request: Approve a Sketch Plat for Lots 1-3 of X Heart Subdivision in Section
32, T7N, R2E
Location: West of Intersection of Westview Drive and Old Belle Road
Applicant: Mark Backens
Action Approve Sketch Plat with Stipulations
F. Items for Discussion
1. Planning Studies - Project Updates
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 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. There
was no comment from the public.
Bordewyk moved, Meyer seconded, and all voted to recommend approval.
Spearfish Planning Commission
May 16, 2023
Regular Session Minutes
Page 2
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.
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: June 6, 2023 at 3:00 p.m.
Applicant: Eric Nies/Donald Kellogg
Request: Approve a Final 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: June 6, 2023 at 3:00 p.m.
General Comments:
The proposed final 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 \ proposed Lot
E1-D is bare land. The sketch plat was approved by the Planning Commission on May 16, 2023,
with stipulations. Staff would recommend approval of the final plat with these stipulations, which
are 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 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, thus, an additional 7 feet of right-of-
way must be dedicated and platted out of the proposed lots.
Platting Process: Following Planning Commission approval of the final plat, the plat will go before
the City Council for a public hearing and final approval.
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 update Note #2 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.”
5. Prior to recording the Final Plat, the plat document shall be revised to update the legal
description to include “Formerly Tract E1-B Revised.”
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: June 6, 2023 at 3:00 p.m.
Aerial Map
Page 3
Spearfish Planning Commission Staff Report
Meeting Date: June 6, 2023 at 3:00 p.m.
Final Plat
Page 4
Spearfish Planning Commission Staff Report
Meeting Date: June 6, 2023 at 3:00 p.m.
Structural Survey
Page 5
Spearfish Planning Commission Staff Report
Meeting Date: June 6, 2023 at 3:00 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: June 6th, 2023 at 3:00 p.m.
Applicant: Mark Backens
Request: Approve a Sketch Plat for Lots 1-3 of X Heart Subdivision in
Section 32, T7N, R2E
Action: Approve with Stipulations
Location: West of Intersection of Westview Drive and Old Belle Road;
Within 3-Mile Extraterritorial Jurisdiction Area
Proposal Summary: The property is currently an unplatted 86.24 acres. The proposed plat
would create 3 lots: Lot 1 (approximately 28 acres), Lot 2 (approximately 17.5 acres), and Lot 3
(approximately 41 acres).
Page 1
Spearfish Planning Commission Staff Report
Meeting Date: June 6, 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 Lot 2 only. Staff would
recommend approval of the sketch plat with the stipulations noted at the end of the report.
Staff Review:
Zoning: Lawrence County recently approved this property to be rezoned from A-1 (General
Agriculture) to A-2 (Residential Agriculture). The proposed lot sizes meet all minimum zoning
requirements under this new zoning designation.
Utilities: The proposed Lot 2 has its own well and on-site wastewater system to serve the existing
residence. All proposed lots meet the minimum South Dakota Department of Agriculture and
Natural Resources (DANR) standards to support their own individual well and on-site wastewater
system.
Access: Frontage access is provided to all proposed lots from Westview Drive, which is classified
as a Collector Road on the City’s Major Street Plan, requiring a minimum 66-foot right-of-way.
Adequate existing right-of-way appears to exist along Westview Drive. The proposed Lot 2 has
an existing approach and driveway to serve its existing residence.
The City’s Major Street Plan also shows an unnamed road running along the western side of the
property as a Collector road. The required 66-foot right-of-way will need to be dedicated and
platted out of the proposed lot.
Platting Process: Following approval of the sketch plat, the applicant may submit a final plat for
review by the Planning Commission and City Council.
Other Comments: A note will be required on the plat disclosing that a gravel pit was once located
on a portion of the proposed Lot 3.
Summary:
The proposed sketch plat generally complies with all applicable Zoning and Subdivision
Regulations. As such, staff would recommend approval of the proposed sketch plat with the
following stipulations:
1. Upon Final Plat submittal, the plat document shall dedicate the required 66 feet of public
right-of-way along the western edge of the proposed Lot 3. This right-of-way shall be
platted out of the proposed lot.
2. Upon Final Plat submittal, the plat document shall include a note disclosing that a gravel
pit was once located on a portion of Lot 3.
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: June 6, 2023 at 3:00 p.m.
Aerial Map
Page 3
Spearfish Planning Commission Staff Report
Meeting Date: June 6, 2023 at 3:00 p.m.
Sketch Plat
Page 4
Spearfish Planning Commission Staff Report
Meeting Date: June 6, 2023 at 3:00 p.m.
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