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Record of Proceedings

Spearfish Planning Commission Regular Meeting Summary - April 7, 2026

Planning Commission — Tuesday, April 7, 2026
BodySpearfish, South Dakota
SessionPlanning Commission
DateTuesday, April 7, 2026
StatusFILED
Video Record
0:00 / 2:40:47

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it

Speaker numbers apply only to this recording.

Speaker 1

30:49

And that would be a recommendation to city council, which is the ultimate approving body in this case.

30:55

This is a major final plat, and it's located outside of city limits and within the city's extraterritorial jurisdiction, also known as the ETJ.

31:06

The location is just south of the intersection of East Colorado Boulevard and Maitland Road.

31:13

The property is accessed from Maitland Road and is located west of Centennial Road, which will come into the presentation a bit later.

31:31

Okay.

31:33

So for a bit of background on this, the preliminary plat was approved by the commission in October of this, excuse me, last year, 2025.

31:44

There was an earlier version of the preliminary plat, and the developers' plans for the property ultimately changed.

31:52

So there was a new preliminary plat presented alongside three different variants requests.

31:59

Two of those variants requests were approved by the commission, and those are shown on the screen here.

32:06

They have to do with the road design.

32:09

The first being the standard for future arterial roads within the ETJ to be thirty-six feet in width with a six-inch gravel surface.

32:29

In addition, there were some variances to the minimum radius of the curve, the minimum length of tangents, and also the maximum grade.

32:40

So those are also shown on the screen.

32:43

And the approved variants that came from the preliminary road design submitted with the preliminary plat.

32:50

So once again, the the third variance, which was not approved, had to do

Unassigned speaker

32:55

with

Speaker 1

32:56

extending that road to the eastern boundary of the property.

33:00

So ultimately, the commission decided not to approve that variance, and the applicant was required to extend the road to the boundary of the property, which is within the subdivision code.

33:18

And this is specific to the ETJ subdivision ordinance.

33:58

Those are reviewed by the city's engineering department and approved.

34:02

Then construction would commence, and finally, that final plat is recorded with the county, and those lots become legal lots.

Unassigned speaker

35:00

There's also a remainder, and the applicant has expressed an intent to annex that, that's the northern portion of the property, into the city at a future date, although there's no application for that at this time.

Speaker 1

35:08

Additional notes here, and we'll get into this in further detail is that the final plat is not in conformance with what was approved on the preliminary plat application.

Unassigned speaker

35:19

I'm gonna

Speaker 1

35:19

ask Vana to rotate my screen here and then zoom in just a little

Unassigned speaker

35:23

bit.

Speaker 1

35:24

So this exhibit shows a side by side.

35:29

On the left is the preliminary plat, which was approved by the commission in October.

35:35

Could you zoom in just a little bit more?

35:37

Thank

Unassigned speaker

35:37

you.

Speaker 1

35:39

Perfect.

35:42

And then on the right side of this shows what has been submitted as the final plat.

35:50

So the most significant difference here, and what we feel is important to point out to the commission is that the road, which is centennial road and in the future will likely connect to the existing centennial road to the east of this, is no longer centered on the section line right-of-way.

36:11

So that section line right-of-way exists.

36:13

It has not been vacated.

36:15

The end of this property is about three quarters of a mile from Centennial Road to the east.

36:24

The preliminary plat, including the preliminary road design, showed this road centered on that section line, which would allow for a future connection with or without subdivision of the adjacent properties because of that existing statutory section line right-of-way, which is 66 feet in width.

36:45

The final plat now shifts that road alignment further north and entirely onto the subject properties boundaries within the subject property boundaries.

36:57

So the section line is not being vacated here.

37:00

It will still exist.

37:01

The right-of-way is in excess of what would otherwise be required, and the road alignment is now 36 feet or so north.

37:11

This also creates a tighter curve, as you can see on this screen.

37:17

So this is further out of compliance with the submitted variances along with the preliminary plat.

Unassigned speaker

37:24

I

Speaker 1

37:24

won't belabor this any further.

37:26

You go to the next

Unassigned speaker

37:27

one.

Speaker 1

37:29

Yeah, thank

Unassigned speaker

37:30

you.

Speaker 1

37:37

Okay, so this kind of further explains the same thing that I was just speaking to on the last slide.

Unassigned speaker

37:42

So

Speaker 1

37:43

Centennial Road is shown there to the east of this.

38:00

Centennial Road is under the county's jurisdiction at this point in time, but it's within the city's ETJ area, and it is identified in the city's master transportation plan, specifically the major street plan as a future arterial.

38:16

So this will be another parallel route to Colorado Boulevard further to the north and the interstate, of course.

38:25

This was submitted along with the final plat, so not necessarily what the commission is being asked to take action

Unassigned speaker

38:32

on,

Speaker 1

38:32

but it does show where the road was constructed, again without any approved plans.

38:39

So further north and entirely on the property.

39:15

Secondly, and under the same requirements, the width and location of streets, alleys, ways, together with their names as approved by this body should comply as

Discussion Breakdown — Share of Meeting
Engineering And Infrastructure███████████████████████████████████████████43%
Public Engagement███████████████████████23%
Zoning Regulations███████7%
Floodplain Management███████7%
Tax Increment Financing███████7%
Procedural████4%
Water And Wastewater Management███3%
Affordable Housing██2%
Transportation Safety█1%
Summary of Proceedings

Spearfish Planning Commission Regular Meeting - April 7, 2026

The Spearfish Planning Commission met in regular session on Tuesday, April 7, 2026, at 4:00 p.m. in the Council Chambers at City Hall, 625 5th Street, Spearfish, and via Zoom. Members present were Tysdal, Moths, Wilde, and Bordewyk; members absent were Davison, Byrum, and Duncan. Staff present included Community Development Director Peter Wysocki, Assistant Planning Director Jaymia Ecker, City Engineer Kyle Mathis, Staff Engineer Abbey Larson, and Planning Technician Vasiliki Pistoftzian. The commission approved routine items, acted on a minor plat, a sign request, a major plat, and two ordinance revisions, continued one public hearing, and received two informational briefings.

Consent Calendar

  • The commission approved the April 7, 2026 agenda as presented by a 3-0 vote (motion by Wilde, second by Moths).
  • The commission approved the March 17, 2026 regular meeting minutes by a 3-0 vote (motion by Wilde, second by Moths).
  • No conflicts of interest were declared.

Public Comments & Testimony

  • Maitland Vistas major final plat: Rory Maynard, property owner (1920 Remuda Avenue), said the road was moved north in good faith because a Black Hills Energy transmission line runs along the section line; he stated Black Hills Power told him moving the line would be at his expense and could cost millions of dollars. He asked that the final plat be allowed to go to City Council. Developer representative Brad Limbo (1955 Maitland Road) said earlier transportation planning work identified the section-line area as unsuitable for the road and contended the preliminary design was not centered on the section line.
  • Chapter 154 Subdivisions public hearing: Brad Limbo opposed the proposed removal of the one-acre lot option with city water and septic and the new eight-acre minimum for private wells and septic, and he objected to the proposed language requiring compliance with the comprehensive plan and other master plans, saying it raised property-rights concerns. Randy Deibert, a professional land surveyor (1715 Scott Avenue), supported the EDS exception process and the street-systems section, but said some proposed changes go beyond aligning the subdivision ordinance with the engineering design standards; he recommended continuing the public hearing to allow more professional and public input. Joe Jorgensen (1905 Stage Barn Circle) urged that the subdivision ordinance and the engineering design standards be handled together, opposed eliminating one-acre lots with city water and septic, and said the comprehensive plan and master plans should remain guidance rather than binding requirements.
  • Chapter 151 Flood Prevention and Protection public hearing: Randy Deibert supported the clearer substantial-improvement rules, but asked how the new ordinance would affect the city-county extraterritorial jurisdiction agreement. Staff responded that floodplain regulation would remain the same for city limits and the ETJ.

Discussion Items

  • Minor final plat - Tract M3 and Tract M4 (ETJ), applicant Jeanne Rogers, at Mineral Place and Oliver Street: staff presented the report; the commission recommended approval to the City Council by a 3-0 vote.
  • Signage for a nonresidential use in R-2 zoning, applicant Jason Nehl, 1120 N 5th Street: after discussing the land use and the benefit of a conditional use permit, the commission approved a freestanding sign not to exceed 24 square feet by a 2-1 vote.
  • Major final plat - Maitland Vistas Subdivision (ETJ), applicant Brad Limbo c/o Legendary Investments LLC, New Risk VII LLC, Blue Sky Storage LLC, and New Risk V LLC, south of East Colorado Boulevard and Maitland Road: staff reported that the final plat did not conform to the preliminary plat approved in October 2025 because Centennial Road was shifted north, entirely on the subject property, rather than centered on the 66-foot statutory section-line right-of-way. The road had already been constructed without approved plans; staff said they had asked the applicant to stop work and had difficulty getting responses. Staff disagreed with the applicant's characterization, stating the approved preliminary plat review showed the road centered on the section line, and the utility issue should have been raised during the preliminary plat process. Staff recommended approval only if the road were realigned to the section line. The applicant cited the overhead Black Hills Energy transmission line and said the shift was necessary. The commission recommended denial to the City Council by a 3-0 vote.
  • Proposed revisions to Chapter 154 (Subdivisions), applicant Community Development Department: staff described changes intended to align the subdivision ordinance with the new Engineering Design Standards (EDS), including removing conflicting design details, updating definitions, adding sketch-plat submittal requirements, creating an administrative exception process, and changing the private well/septic threshold to an eight-acre minimum. After public testimony, the commission voted 3-0 to continue the public hearing to the next regular meeting on April 21, 2026, rather than close it or make a recommendation that evening.
  • Proposed revisions to Chapter 151 (Flood Prevention and Protection), applicant Community Development Department: Staff Engineer and Floodplain Administrator Abbey Larson said the update uses FEMA's 2022 South Dakota template ordinance, improves clarity, and makes a repeal-and-replace reorganization. The main regulatory change is that the 50% substantial-improvement threshold would be measured over five years instead of 20 years, while retaining the same Community Rating System credit. The commission held the public hearing, then recommended approval to the City Council by a 3-0 vote.
  • Planning Commission Schedule: Community Development Director Wysocki proposed agenda posting guidelines, including a preliminary agenda about two weeks before each meeting and packet release on the Thursday before the meeting. Commissioners expressed support for the earlier packet release and the presentation format. No formal action was taken.
  • Tax Increment Financing (TIF) district introduction - Elkhorn Ridge affordable housing: Staff introduced a petition for what would be TIF district number 10, for a 98-unit multifamily affordable housing project on approximately seven acres zoned DRD near St. Onge Road and Peaceful Pines. The project would cap rents at 80% of area median income, include a 10-year affordability restriction, and be structured on a pay-as-you-go basis. TIF proceeds would not pay for vertical construction. No public hearing was scheduled yet; staff will continue reviewing the petition and will return for a future hearing.

Departmental Updates

  • Wysocki noted that TIF district number 9, for a Lloyd Companies 94-unit multifamily project, was approved by the City Council the day before.
  • The Black Hills Home Builders Association is forming a Northern Hills Builders Committee that will meet monthly in Spearfish; city staff will participate to improve communication with the building industry.
  • Upcoming priorities include addressing the Highway 85 flagpole annexation area, possibly by supporting lower-density development served by wells and septics, and beginning a broader rewrite of Title 15.

Key Outcomes

  • Recommended approval of the minor final plat for Tract M3 and Tract M4 (3-0).
  • Approved the freestanding sign not exceeding 24 square feet at 1120 N 5th Street (2-1).
  • Recommended denial of the Maitland Vistas major final plat to the City Council (3-0). The denial was discussed as without prejudice, allowing the applicant to seek an amended preliminary plat or provide additional evidence, and the City Council remains the final decision-maker on the plat.
  • Continued the Chapter 154 public hearing to April 21, 2026 (3-0); no recommendation to the City Council was made on the subdivision code revisions on April 7.
  • Recommended approval of the Chapter 151 Flood Prevention and Protection revisions to the City Council (3-0).
  • No formal action was taken on the Planning Commission schedule proposal or the TIF district introduction.

No public comment was offered during the final public comment period, and the meeting was adjourned at 6:20 p.m.

Meeting Transcript

And that would be a recommendation to city council, which is the ultimate approving body in this case. This is a major final plat, and it's located outside of city limits and within the city's extraterritorial jurisdiction, also known as the ETJ. The location is just south of the intersection of East Colorado Boulevard and Maitland Road. The property is accessed from Maitland Road and is located west of Centennial Road, which will come into the presentation a bit later. Okay. So for a bit of background on this, the preliminary plat was approved by the commission in October of this, excuse me, last year, 2025. There was an earlier version of the preliminary plat, and the developers' plans for the property ultimately changed. So there was a new preliminary plat presented alongside three different variants requests. Two of those variants requests were approved by the commission, and those are shown on the screen here. They have to do with the road design. The first being the standard for future arterial roads within the ETJ to be thirty-six feet in width with a six-inch gravel surface. In addition, there were some variances to the minimum radius of the curve, the minimum length of tangents, and also the maximum grade. So those are also shown on the screen. And the approved variants that came from the preliminary road design submitted with the preliminary plat. So once again, the the third variance, which was not approved, had to do with extending that road to the eastern boundary of the property. So ultimately, the commission decided not to approve that variance, and the applicant was required to extend the road to the boundary of the property, which is within the subdivision code. And this is specific to the ETJ subdivision ordinance. Those are reviewed by the city's engineering department and approved. Then construction would commence, and finally, that final plat is recorded with the county, and those lots become legal lots. There's also a remainder, and the applicant has expressed an intent to annex that, that's the northern portion of the property, into the city at a future date, although there's no application for that at this time. Additional notes here, and we'll get into this in further detail is that the final plat is not in conformance with what was approved on the preliminary plat application. I'm gonna ask Vana to rotate my screen here and then zoom in just a little bit. So this exhibit shows a side by side. On the left is the preliminary plat, which was approved by the commission in October. Could you zoom in just a little bit more? Thank you. Perfect. And then on the right side of this shows what has been submitted as the final plat. So the most significant difference here, and what we feel is important to point out to the commission is that the road, which is centennial road and in the future will likely connect to the existing centennial road to the east of this, is no longer centered on the section line right-of-way. So that section line right-of-way exists. It has not been vacated. The end of this property is about three quarters of a mile from Centennial Road to the east. The preliminary plat, including the preliminary road design, showed this road centered on that section line, which would allow for a future connection with or without subdivision of the adjacent properties because of that existing statutory section line right-of-way, which is 66 feet in width. The final plat now shifts that road alignment further north and entirely onto the subject properties boundaries within the subject property boundaries. So the section line is not being vacated here. It will still exist. The right-of-way is in excess of what would otherwise be required, and the road alignment is now 36 feet or so north. This also creates a tighter curve, as you can see on this screen. So this is further out of compliance with the submitted variances along with the preliminary plat. I won't belabor this any further. You go to the next one. Yeah, thank you.

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