Planning Commission
Regular MeetingSpearfish, SD · April 16, 2024
Minutes
Spearfish Planning Commission
Regular Session Minutes
April 16, 2024 at 4:00 p.m.
The Spearfish Planning Commission met in regular session on Tuesday, April
16, 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 and Jaymia Ecker,
Assistant Planning Director. Also present: Jayna Watson, City Planner, Ashley McDonald, City Attorney
and John Senden, Mayor.
APPROVAL OF MINUTES:
Davison moved, Wilde seconded, and all voted to approve the minutes of the April 2, 2024 Planning
Commission meeting.
APPROVAL OF AGENDA
Tysdal 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: Continue the public hearing.
Watson noted that today’s action is to continue the public hearing. She also stated that after the
agenda was published, staff was informed by the project representatives that they wish to revise
their application to request the Light Industrial zoning district. A brief discussion included DRD
as a transitional zoning district, and obtaining additional clarity from Intellicore, the project
owner, regarding specific business functions to ensure a fit with Light Industrial. Tysdal moved,
Wilde seconded, and all voted to continue the public hearing.
ITEMS FOR DISCUSSION:
No updates were provided.
PUBLIC COMMENT:
No comments were made.
ADJOURNMENT: Meeting was adjourned at 4:10 p.m.
Agenda
Spearfish Planning Commission Staff Report
Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish SD 57783
and by Zoom Online Meeting
https://us02web.zoom.us/j/87916616835
Meeting ID: 879 1661 6835
Meeting Date
and Time: April 16th, 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: Continue the public hearing.
Location: Lot 2 of the Dailey Subdivision; approximately 1/4 mile east of Rainbow
Road; South side of Colorado Boulevard (pink = existing city limits)
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Spearfish Planning Commission Staff Report
Meeting Date: April 16th, 2024; 4:00 p.m.
Proposal Summary: This request will result in a light manufacturing business which is a
permitted use in the Development Review District zoning designation.
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.
• The property has access to city water and a new sewer main will be
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Spearfish Planning Commission Staff Report
Meeting Date: April 16th, 2024; 4:00 p.m.
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.
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Spearfish Planning Commission Staff Report
Meeting Date: April 16th, 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.
• See minutes from April 2nd Planning Commission Meeting.
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Spearfish Planning Commission Staff Report
Meeting Date: April 16th, 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, other than
those received during the public hearing, 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.
During the April 2nd Planning Commission meeting Jeff Bjorkman, owner of Intellicore, raised
concerns over condition number 6 above. This language comes directly from the City’s zoning
ordinance. In addition, the DRD district prohibits and “use requiring unscreened outside
storage”. Staff’s recommendation to seek DRD zoning stems from the need to provide a clean,
safe, aesthetically pleasing transition from some of the more intensive existing and potential
land uses along the corridor to the west to the mixed residential and civic uses to the east.
Following the meeting, the applicant indicated that they are putting the project on hold.
ATTACHMENTS:
Page 6 - Aerial and Zoning Map
Page 7 - Site Plans and Building Design (please see the 3-19-2024 planning commission
meeting staff report for project narrative information and high quality graphics)
Staff Contact:
Jaymia Ecker, Assistant Planning Director, 605-722-2559; Jaymia.ecker@cityofspearfish.com
Join Zoom Meeting
https://us02web.zoom.us/j/87916616835
Meeting ID: 879 1661 6835
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Spearfish Planning Commission Staff Report
Meeting Date: April 16th, 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
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