Planning Commission
Regular MeetingSpearfish, SD · June 20, 2023
Minutes
Spearfish Planning Commission
Regular Session Minutes
June 20, 2023 at 3:00 p.m.
The Spearfish Planning Commission met in regular session on Tuesday, June
20, 2023 at 3:00 p.m. in the council chamber of city hall and via Zoom video conference. Vice Chair
Byrum called the meeting to order at 3:00 p.m. Roll call was taken with the following members present:
Meghan Byrum, Bob Meyer, Toby Bordewyk, Rick Tysdal, and Larry Vavruska. Also present: Planning
Director Marlo Kapsa, 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 June 6, 2023
Planning Commission meeting with an amendment being made to reflect the correct motion
made on agenda item two of the June 6 meeting agenda.
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 Lots 1-3 of X Heart Subdivsion E1-D in Section 30,
T6N, R3E
Location: West of Intersection of Westview Drive and Old Belle Road
Applicant: Mark Backens
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 inclusion of the required dedicated right-of-way. Tysdal moved,
Vavruska 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 combination of Lots 8 & 9 of The Meadows of
Higgins Gulch Subdivision
Location: Southwest of the intersection of Hillsview Rd and Higgins Gulch Road
Applicant: Jared Lukens Black
Action: Approve the Sketch Plat with Stipulations
Kapsa presented the sketch plat and staff report noting that staff would need confirmation from
the Lawrence County Planning and Zoning Department that the existing secondary home onsite
meets minimum guest house requirements per Lawrence County code or the secondary
residence must be removed prior to submittal of the Final Plat document. Byrum asked what the
status of the County’s determination was and Kapsa noted that staff did not yet have that
determination it will just need to be verified prior to submittal of the final plat application.
Tysdal noted that guesthomes do require a conditional use permit. Vavruska moved,
Bordewyk 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 biweekly meetings had been scheduled for
the Comprehensive Plan update and that the Steering Committee and Stakeholders groups were being
put together and that all data collection for the existing conditions analysis is currently being compiled.
Byrum inquired whether commissioners aside from the chair would be able to participate in the
Steering Committee and overall Comprehensive Planning process. Kapsa noted that she would verify
with the consultant if there would be room in the groups for additional commissioners to participate.
4. City Council Update – Kapsa noted that two encroachment agreements were on the Council agenda
and that the Council would be reviewing a request to approve a Memorandum of Understanding for
the proposed Hill Street Apartment project.
5. Public Comment – No comments were provided by the public, however, Commission Meyer raised
a question regarding review of septic systems in the platting process and noted concerns regarding the
minimum requirements of septic systems established by the state Department of Agriculture and
Natural Resources and whether there were additional steps and regulations that the City could
implement that go beyond the State’s minimum standards. Kapsa noted that the only thing being
reviewed for septic systems in the platting process is whether the lot meets minimum area
requirements for new systems and setback requirements for existing system components. Meyer asked
when the appropriateness of a site and expected output from the proposed use are considered. Kapsa
noted that unless there are additional requirements set forth within City or County ordinances the
state minimums are what must be met and that all systems approved by the City must be designed by
an engineer. Meyer noted his concerns regarding differences in hydrology and geology throughout the
area that may create risk for contamination. Kapsa noted that additional input regarding additional
regulation on septic systems may need to be with the State or County since septic systems are
uncommon within City limits and that overall, the City is working to limit their use and require
connection to City sewer services. Meyer noted he was not requesting additional regulation but that a
process is needed to assess appropriateness of a site for septic. Tysdal noted that the County also
requires that septic systems be designed by an engineer and noted that he has concerns regarding City
staff’s availability to implement a process as discussed by Commissioner Meyer. Kapsa noted that the
state’s standards require a minimum percolation rate or an alternate engineered system must be
installed. Kapsa then requested that if this is a discussion that the Planning Commission feels needs
further attention that it be placed as an agenda item at a later meeting.
8. Adjournment - Byrum adjourned the meeting at approximately 3:28 p.m.
Agenda
Spearfish Planning Commission Agenda
June 20, 2023 at 3:00 p.m.
Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish, SD
And Zoom Online Meeting
Join Zoom Meeting
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Meeting ID: 839 7128 4645
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A. Call To Order
B. Roll Call
C. Approve the Minutes from June 6, 2023
D. Declaration of Conflicts of Interest
E. Items for Action
1. Request: Approve a Final 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 Final Plat with Stipulations
2. Request: Approve a Sketch Plat for combination of Lots 8 & 9 of The Meadows
of Higgins Gulch Subdivision
Location: Southwest of the intersection of Hillsview Rd and Higgins Gulch Road
Applicant: Jared Lukens Black
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
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. Meyer moved, Vavruska
seconded and all voted to set a public hearing for May 17, 2022.
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.
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 20th, 2023 at 3:00 p.m.
Applicant: Mark Backens
Request: Approve a Final 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 20, 2023 at 3:00 p.m.
General Comments:
The proposed 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 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 Planning Commission approval of the Final Plat, the Final Plat shall
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 of the Final Plat, the plat document shall be revised to correct the legal
description to read, “Plat of Tract A, Tract B, and Tract C of Backens Estates and Dedicated
Public Right-of-Way.”
STAFF CONTACT: Marlo Kapsa – Planning Director, 605-717-1122;
marlo.kapsa@cityofspearfish.com
ATTACHMENTS:
Page 3 – Aerial Map
Page 4 – Final Plat
Page 2
Spearfish Planning Commission Staff Report
Meeting Date: June 20, 2023 at 3:00 p.m.
Aerial Map
Final Plat
Page 3
Spearfish Planning Commission Staff Report
Meeting Date: June 20, 2023 at 3:00 p.m.
Page 4
Spearfish Planning Commission Staff Report
Meeting Date: June 20, 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 20, 2023 at 3:00 p.m.
Applicant: Jared Lukens Black
Request: Approve a Sketch Plat for the combination of Lots 8 & 9 of The
Meadows of Higgins Gulch Subdivision
Action: Approve with stipulations
Location: Southwest of the intersection of Hillsview Rd and Higgins Gulch
Road; Within 3-Mile Extraterritorial Jurisdiction Area
Proposal Summary: Lots 8 and 9 of Meadows of Higgins Gulch Subdivision would be combined
to create an 8.1 acre lot.
Page 1
Spearfish Planning Commission Staff Report
Meeting Date: June 20, 2023 at 3:00 p.m.
General Comments:
The proposed sketch plat would create an 8.1-acre lot by combining existing Lots 8 and 9 of the
Meadows of Higgins Gulch Subdivision
Staff Review:
Zoning: The property is currently zoned Park Forest District. The proposed lot sizes meets the
minimum criteria set forth within the Park Forest District zoning regulations. It appears there are
homes currently located on each lot. Prior to submittal of a Final Plat, staff will need confirmation
from the Lawrence County Planning and Zoning Department that the secondary home meets all
minimum requirements to qualify as a guesthouse or the secondary home must be removed from
the site.
Utilities: The existing residence is served by a private well and onsite wastewater system. The
proposed lot meets all minimum DANR standards to support both a well and onsite wastewater
system
Access: Access is provided to the proposed lot via a 66-foot public access easement branching
from Higgins Gulch Road.
Floodplain: A portion of the proposed Lot 10A is within the 100-year floodplain area. The existing
residence is outside of this floodplain area. A Surveyors Note regarding presence of floodplain
must be listed on the final plat document.
Platting Process: Following approval of the sketch plat, the applicant may submit a Final Plat for
review and approval by Planning Commission and City Council.
Summary:
The proposed plat generally complies with all applicable Zoning and Subdivision Regulations.
Staff would recommend approval with the following stipulations:
1. Prior to submittal of a Final Plat, a formal plat prepared by a South Dakota Licensed
Surveyor including a new legal description shall be submitted;
2. Prior to submittal of a Final Plat, a Surveyor’s Note shall be added to the plat document
noting presence of floodplain; and
3. Prior to submittal of a Final Plat, staff will need confirmation from the Lawrence County
Planning and Zoning Department that the secondary home meets all minimum
requirements to qualify as a guesthouse or the secondary home must be removed from
the site.
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 20, 2023 at 3:00 p.m.
Aerial Map
Page 3
Spearfish Planning Commission Staff Report
Meeting Date: June 20, 2023 at 3:00 p.m.
Sketch Plat
Page 4
Spearfish Planning Commission Staff Report
Meeting Date: June 20, 2023 at 3:00 p.m.
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