Planning Commission
Regular MeetingSpearfish, SD · April 2, 2024
Minutes
Spearfish Planning Commission
Regular Session Minutes
April 2, 2024 at 4:00 p.m.
The Spearfish Planning Commission met in regular session on Tuesday, April 2,
2024 in the council chamber of city hall and via Zoom video conference. Greg Kruskamp called the
meeting to order at 4:00 p.m. Roll call was taken with the following members present: Toby Bordewyk,
Amy Davison, Greg Kruskamp, Rick Tysdal, and Dylan Wilde. Absent: Meghan Byrum. Also present:
Jaymia Ecker, Assistant Planning Director, Jayna Watson, City Planner, Ashley McDonald, City Attorney
and John Senden, Mayor.
APPROVAL OF MINUTES:
Tysdal moved, Wilde seconded and all voted to approve the minutes of the March 19, 2024 Planning
Commission meeting.
APPROVAL OF AGENDA
Wilde moved, Davison seconded and all voted to approve the agenda of the meeting as presented.
DECLARATIONS OF CONFLICTS OF INTEREST:
Kruskamp called for any potential conflicts of interest to be identified. No conflicts were identified.
ITEMS FOR ACTION:
1. Request: Approve a concurrent request for annexation and change of zoning from County
Ag-1 to City DRD (Development Review District) with final plan approval.
Location: Lot 2 of the Dailey Subdivision; approximately 1/4 mile east of Rainbow Road;
South side of Colorado Boulevard
Applicant: Kevin J. Dailey
Action: Hold a public hearing and make recommendation to City Council.
Ed Heffernan representing Intellicore, presented an overview of the request, business operations,
site plan, and building features. Ecker presented the staff report and conditions 1 through 7 of
the staff recommendation. Discussion included project readiness, landscape requirements, and
open space requirements. Jeff Bjorkman, owner of Intellicore, raised concerns over condition #6
pertaining to what is intended by prohibiting service uses. Extended discussion took place
regarding options that could resolve Bjorkman’s concern. Kruskamp opened the public hearing.
Bjorkman offered public testimony. Tysdal moved, Davison seconded to continue the public
hearing. Additional discussion before the vote on the motion included different solutions such as
requesting a different zoning district, updating the DRD zoning text, making an
interpretation/clarification of condition 6 regarding the definition of ‘service’, and to remove
Core Way from approval condition #7. Kruskamp called for a vote on the motion to continue
the public hearing and all voted in favor of the motion.
ITEMS FOR DISCUSSION:
Short Term Rental update – Ecker presented a graphic that depicted the opinions of the task
force as it relates to the different issues to be resolved, as well preliminary recommendations.
The task force will meet next on Thursday, April 4th.
PUBLIC COMMENT:
No comments were made.
ADJOURNMENT: Meeting was adjourned at 5:28 p.m.
Agenda
Spearfish Planning Commission Agenda
April 2, 2024 at 4:00 p.m.
Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish, SD
And Zoom Online Meeting
https://us02web.zoom.us/j/86126130337
Meeting ID: 861 2613 0337
Or Dial In
+1 719 359 4580 and enter meeting ID
A. Call To Order
B. Roll Call
C. Approve the Minutes from March 19th, 2024 meeting
D. Approve Agenda
E. Declaration of Conflicts of Interest
F. Items for Action
1. Request: Approve a concurrent request for annexation and change of
zoning from County Ag-1 to City DRD (Development Review
District) with final plan approval
Location: Lot 2 of the Dailey Subdivision; approximately 1/4 mile east of
Rainbow Road; South side of Colorado Boulevard
Applicant: Kevin J. Dailey
Action: Hold a public hearing and make recommendation to City
Council.
G. Items for Discussion
a. Short term rental update
H. Public Comment - Public comments are welcome at this time, however, no
action will be taken.
I. Adjournment
ADA Compliance: The City of Spearfish fully subscribes to the provisions of the Americans with Disabilities Act. If you
desire to attend this public meeting and need special accommodations, please notify the Building and Development
Office at 642-1335 and 24 hours prior to the meeting so that appropriate auxiliary aids and services are available.
Spearfish Planning Commission
Regular Session Minutes
March 19, 2024 at 4:00 p.m.
The Spearfish Planning Commission met in regular session on Tuesday, March
19, 2024 at 4:00 p.m. in the council chamber of city hall and via Zoom video conference. Greg Kruskamp
called the meeting to order at 4:00 p.m. Roll call was taken with the following members present: Toby
Bordewyk, Meghan Byrum, Amy Davison, Greg Kruskamp, Rick Tysdal, and Dylan Wilde. Also present:
Jaymia Ecker, Assistant Planning Director, Jayna Watson, City Planner, Ashley McDonald, City Attorney
and John Senden, Mayor.
APPROVAL OF MINUTES:
Wilde moved, Bordewyk seconded and all voted to approve the minutes of the February 20, 2024
Planning Commission meeting.
APPROVAL OF AGENDA
Bordewyk moved, Wilde seconded and all voted to approve the agenda of the meeting as presented.
DECLARATIONS OF CONFLICTS OF INTEREST:
Kruskamp called for any potential conflicts of interest to be identified. No conflicts were identified.
ITEMS FOR ACTION:
1. Request: Approve a concurrent request for annexation and change of zoning from County
Ag-1 to City DRD (Development Review District) with final plan approval.
Location: Lot 2 of the Dailey Subdivision; approximately 1/4 mile east of Rainbow Road;
South side of Colorado Boulevard
Applicant: Kevin J. Dailey
Action: Set public hearing for April 2, 2024
Ed Heffernan representing Intellicore, presented an overview of the request for a corporate
office and research and design center for Intellicore products, and reviewed the annexation
justification, site plan, anticipated job creation figures, infrastructure requirements, and details of
the building and site features. Ecker presented the major points of the staff report. Questions of
the commission included: 1) the limitation of RV inventory as retail., and 2) aesthetics of the
building’s roof form. Ecker provided clarification that the requested DRD zoning prohibits
vehicle sales from this site. Bordewyk moved, Byrum seconded, and all voted in to set public
hearing for April 2, 2024
ITEMS FOR DISCUSSION:
Comprehensive Plan Memos – Ecker noted that final comments are needed soon.
Platting Procedure – Ecker provided a summary of platting procedures for areas inside of city
limits and areas outside of city limits.
CITY COUNCIL UPDATE:
Water lot plat for the new east city water reservoir has been approved.
Les Schwab development agreement for infrastructure requirements has been approved.
PUBLIC COMMENT:
No comments were made.
ADJOURNMENT: Meeting was adjourned at 4:35 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: April 2, 2024 at 4:00 p.m.
Applicant: Kevin J. Dailey
Request: Approve a concurrent request for annexation and change of zoning from
County Ag-1 to City DRD (Development Review District) with final plan
approval.
Action: Hold a public hearing and make recommendation to City Council.
Location: Lot 2 of the Dailey Subdivision; approximately 1/4 mile east of Rainbow
Road; South side of Colorado Boulevard (pink = existing city limits)
I-90
Colorado Blvd
Sky Ridge
Elkhorn
Ridge
RV
Resort
Proposal Summary: This request will result in a light manufacturing business which is a
permitted use in the Development Review District zoning designation.
Page 1
Spearfish Planning Commission Staff Report
Meeting Date: April 2, 2024; 4:00 p.m.
BACKGROUND AND HISTORY:
This property is currently undeveloped with the surrounding zoning being County Ag-1 on all
sides. This annexation and change of zoning are for the headquarters, and research and
development functions of a light manufacturing business. Spearfish Economic Development,
the City of Spearfish, and the Governor’s Office of Economic Development have each been
involved in working with the business owner to bring this new employer to the community.
PROJECT DATA:
Parcel size: 36+/- acres
Building square footage: 99,000 +/- square feet
Open space required/provided: 158,558 square feet (DRD 10 percent); 159,213 square feet
Parking required/provided:
DRD zoning enables owner to allocate parking based on specific business parameters -
102 employee parking spaces to be provided with addition expansion expected
Proposed setbacks per DRD site plan:
Front: C-2 standards – 25 feet/ Site plan illustrates greater
Rear: C-2 standards – 10 feet/ Site plan illustrates greater
Side: C-2 standards – 0 feet/ Site plan illustrates greater
Landscape points required/provided: will be required to show compliance with landscape points
at time of building permit submittal. No specific landscape plan provided with
annexation/rezoning application.
REVIEW CRITERIA AND STAFF ANALYSIS:
This change of zoning is a “One Step” type of DRD approval whereby the change of zoning and
site plan approval are completed simultaneously. This process summarized in the DRD zoning
text as follows:
Section 10.E.2. One-Step Approval – Final Plan. If site development will commence in
one clearly defined time frame following zoning approval, only a Final Plan approval is
required at the time DRD zoning is requested. The Final Plan contains all of the
information required to effectuate a change of zoning, and thus a separate Concept Plan
is unnecessary. For one-step approvals, the Final Plan will be evaluated using both the
Concept Plan and Final Plan criteria.
This request for annexation and change of zoning is guided by the East Colorado Boulevard
Area Study, and City of Spearfish DRD zoning text, respectively.
East Colorado Boulevard Area Study -
This land use study was completed in 2022 as part of a related effort to determine the
infrastructure capacity needed to serve growth in this corridor. The following are excerpts from
the area study, with staff’s analysis in bullet points:
The City of Spearfish has designated the areas immediately south of Colorado
Boulevard as the preferred location for where annexation and intensification of land
use should occur because of the public services available.
Page 2
Spearfish Planning Commission Staff Report
Meeting Date: April 2, 2024; 4:00 p.m.
• The property has access to city water and a new sewer main will be
extended by the applicant to serve the property.
The overall goal for this land area is that it should develop in an infill fashion with urban
and suburban land uses, versus be an area of rural/ag land preservation. The following
are recommendations to guide requests for development through annexation to the City
of Spearfish with a change of zoning. (applicable topics listed below)
1. Provide for a mix of land uses to include a range of residential densities, commercial,
and light industrial uses.
• This is a light manufacturing business that will take advantage of access
and visibility from Interstate 90.
• The concept plan indicates a future municipal or commercial
development area in the northwest corner of the property.
3. Consider requests for annexation/rezoning requests only when the owner has a
specific plan of development that will enable the city to understand the benefits of
the project as well as the impacts of the project on city infrastructure.
• A plan for site development has been submitted and provides an
appropriate level of detail to evaluate the change of zoning and its
impacts on the municipal infrastructure.
4.c. Commercial development along Colorado Boulevard should occur in clusters where there is
the ability to share access and for efficient traffic control.
• The city’s Transportation Master Plan illustrates a collector street in the general
vicinity of this parcel.
• Applicant’s site plan shows this collector street as “Core Way” on the east side of
the property, with approximately 567 linear feet to be constructed with this site
development.
• Core Way provides access for this parcel and surrounding vicinity.
Visual quality is an important factor in growth management. The following are
recommendations to guide and direct this aspect of community development, and are primarily
related to multi-family and commercial/industrial structures:
1. Encourage architectural creativity to include variations in overall design style, roof forms,
exterior finishes, and building color.
• The proposed building architecture features contemporary forms, colors, and
finishes, and reflects an upgraded style beyond a post-frame style building that
is more typical of light manufacturing operations.
2. Create a unified and finished look along site frontages through landscapes that include a
variety of trees and shrubs with an overall preference for drought resistant types.
• A row of recently planted trees exist along the site frontage which sets the
stage for future developments in the corridor to also provide tree canopy.
• All landscape requirements will be verified at the time of final building plan
submittal for the phase 1 building.
Page 3
Spearfish Planning Commission Staff Report
Meeting Date: April 2, 2024; 4:00 p.m.
3. Arrange outdoor display of equipment and vehicles within a setting that incorporates plant
material, changes in landform, boulders, decorative walls/fences, and similar landscape
architectural features that complement the display.
• Site plan shows space for landscaping and product displays near entrance.
4. Require that all outdoor lighting and illuminated signage to meet the criteria as established
by the International Dark Sky Association, www.darksky.org
• Lighting will be addressed when a detailed civil engineering and building plan set is
submitted for review by city staff.
• All lighting in the DRD is required to be fixture types of cut off and shielded design to
eliminate glare.
The criteria to be used in changing zoning to the DRD district is as follows, with staff analysis in
non-italic text.
The Planning Commission and City Council shall take into account factors including, but not
limited to:
a. Conformance with the goals and policies of the comprehensive plan;
• Proposal aligns with the recommendations of the East Colorado Boulevard Area Study
as noted in previous section.
• The site is served by a major transportation route and has access to city water and
sewer infrastructure.
b. Compatibility with and relationship to existing and potential uses adjacent to the proposed
project;
• The existing open/rural conditions around the site will change in the future to more
intense land use patterns.
• The site plan shows the main building placed at distances significantly greater than
what traditional C-2 zoning (exists further west along Colorado Blvd) allows.
c. Public safety issues relating to projected traffic generated by the proposed uses and to the
existing or potential transportation system of adjoining properties;
• Colorado Boulevard improvements are anticipated in the future, and at that time, the
need for deceleration lanes or left turn lanes will be evaluated. Additionally, sidewalk
and multi- use pathway infrastructure will be incorporated into the design.
• The construction of Core Way will reduce the number of direct driveway access points
on Colorado Boulevard
d. Community benefit of the proposed use(s);
• An estimated 22 jobs will be created in the initial start-up, with eventually 115 new
jobs created.
• Opportunity for internships and partnerships with BHSU; see applicant’s narrative.
e. Adequacy of public services for the proposed use(s);
• There is adequate sewer capacity and water resources to serve the property with the
recent upgrade to the Elkhorn Ridge sewer lift station and the new city well/reservoir
being constructed north of Interstate 90.
• Property owner must purchase a sewer capacity allocation according to the rate
approved by City Council.
f. Testimony received from the public at the public hearing.
• No comments have been received as of the writing of the staff report.
Page 4
Spearfish Planning Commission Staff Report
Meeting Date: April 2, 2024; 4:00 p.m.
PUBLIC COMMENTS:
Notice of the public hearing was provided to landowners within 200 feet of the subject property.
Lawrence County Planning and Zoning was notified of this request. No comments have been
received as of the writing of this report.
STAFF RECOMMENDATION: Approve with the following conditions:
1) Prior to City Council consideration, the applicant shall demonstrate project readiness including
all financial commitments.
2) A development agreement defining the timing, parties responsible for, and specifications of
the infrastructure required to serve this property shall be presented concurrently to City
Council.
3) Site plan will be in substantial conformance with the site plan attached to this report and dated
1-11-2024.
4) A landscaping plan will be submitted at the time of building permit application and shall include
a minimum of 60% native plant species. The existing row of trees along the north property line
will be preserved.
5) Buildings constructed in future phases are required to obtain planning commission
recommendation and city council approval for site plan, landscape, and architectural concept
before a building permit can be issued.
6) Per DRD zoning section 10.C, “new and used vehicle or machinery sales and service” is
prohibited.
7) All staging and storage must be screened from public view from Colorado Boulevard and Core
Way.
ATTACHMENTS:
Page 6 - Aerial and Zoning Map
Page 7 - Site Plans and Building Design (please see staff report of 3-19-2024 for project
narrative information)
Staff Contact:
Jaymia Ecker, Assistant Planning Director, 605-722-2559; Jaymia.ecker@cityofspearfish.com
Join Zoom Meeting
https://us02web.zoom.us/j/86126130337
Meeting ID: 861 2613 0337
Or dial in:
1 719 359 4580 and enter meeting ID
Page 5
Spearfish Planning Commission Staff Report
Meeting Date: April 2, 2024; 4:00 p.m.
Location of annexation and change of zoning request
Lot 2 of the Dailey Subdivision
Colorado Blvd.
Rainbow Rd.
Red Cross-hatched pattern – County Ag1 Zoning
Pink shaded area – Existing City Limits
Zoning Map
Page 6
Spearfish Planning Commission Staff Report
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