Spearfish Planning Commission Regular Meeting - May 7, 2026

The Spearfish Planning Commission met on May 7, 2026 at 4:00 PM in the City Council Chambers and via Zoom. The meeting was called to order at 4:03 PM and adjourned at 5:54 PM. Commissioners present: Tysdal, Byrum, Davison, Duncan, Moths, and Wilde. Absent: Bordewyk. Staff present: Community Development Department Director Peter Wysocki, Assistant Planning Director Jaymia Ecker, Planning Technician Vasiliki Pistoftzian, and City Engineer Kyle Mathis. The commission took action on two items, discussed land use code updates and low pressure sewer systems, heard public comment, and received updates from commissioners and staff.

Consent Calendar

• Approval of Agenda: Motion by Davison, second by Moths, passed 5-0.
• Approval of Minutes (April 21, 2026): Motion by Moths, second by Davison, passed 5-0.

Public Comments & Testimony

• William Wagner (111 New York Street, Rapid City, speaking as a "sovereign American" and advocate) expressed concerns about hyperscale data centers and water usage. He demanded the commission stay all permitting for data centers, citing South Dakota Codified Law regarding water rights, public trust, and transparency. He called for a full accounting of chemical blowdown discharge, grid impact studies, and acoustic nuisance regulations. He also demanded a $250 million indemnity bond for aquifer remediation and warned of potential federal criminal liability under 18 USC 241 and 242 for officials who bypass transparency statutes. He referenced a YouTube video (One Compute Project) and similar testimony given to Rapid City government. He urged the commission to pause and review the laws.

Discussion Items

Item for Action: Minor Plat at 3075 Burno Gulch Road

• Applicant: Bradley Limbo c/o Kyle Craig. Request to subdivide a 92-acre property in the Extraterritorial Jurisdictional (ETJ) area into 3 lots and a large remainder.
• Staff Presentation: Jaymia Ecker presented the staff report. The plat was previously approved as a sketch plat with a variance for right-of-way dedication. Discussion focused on: fire mitigation plan (needs approval by Lawrence County), road maintenance agreement (required by ordinance for road access), and technical concerns about the dedication of right-of-way on the plat (Commissioner Byrum raised issues about the accurate location and notation of dedicated public right-of-way; other commissioners and staff argued the plat adequately showed dedication). The applicant clarified that the fire mitigation plan was prepared by an approved expert (Bill Colburn) and that a road maintenance agreement between the three lots would be feasible.
• Motion and Vote: Commissioner Byrum moved to approve the plat on the condition that the fire mitigation plan be approved by Lawrence County and a road maintenance agreement be established. Seconded by Davison. The motion passed 4-1. (The minutes note a 4-1 vote; one commissioner opposed.)

Item for Action: Signage for Our Saviors Lutheran Church

• Applicant: Andy Binder, representing Our Saviors Lutheran Church (1020 State Street). Request to approve 24 square feet of signage in an R1 zone with an active CUP. The existing sign exceeds the administrative approval limit of 3 square feet.
• Staff Presentation: Vasiliki Pistoftzian presented. No objections.
• Motion and Vote: Motion by Wilde, second by Moths, passed 5-0.

Item for Discussion: Draft Scope of Work for Land Use Code Update

• Presenter: Jaymia Ecker. Overview of the plan to rewrite Title 15 (Land Usage) into a unified development code, following a previous assessment by consultant Clarion. Public engagement plans include a project advisory team (steering committee), open houses, project website, and presentations to planning commission and city council. Timeline: 1.5 to 2 years. Staff and commissioners discussed the need for broad stakeholder input and difficult policy decisions.

Item for Discussion: Low Pressure Sewer (LPS) Systems

• Presenter: City Engineer Kyle Mathis. Presented two videos explaining the E/One low pressure sewer system: how grinder pumps and small-diameter force mains work, capable of lifting wastewater up to 185 vertical feet and navigating difficult terrain. Benefits include lower installation depth and reduced cost compared to gravity systems. Discussion focused on potential applications for areas with septic systems, annexations, and challenges in areas like Highway 85 North where extending sewer is difficult.

Items from Commissioners

• Commissioner Byrum expressed caution about approving TIF districts presented as affordable housing, using the recent TIF 10 (Peaceful Pines) as an example. She noted that units at 80% of state area median income may not differ significantly from current market rents, and that developers should provide evidence of affordability relative to market conditions. She called for higher standards for TIF approvals. Commissioner Moths agreed.

Departmental Discussion

• Peter Wysocki addressed:
  • TIF Policy: The city's 2008 policy needs updating; council is interested in evaluating TIF use for affordable housing.
  • Art in Public Spaces Committee: City Council approved a seven-member board; one seat reserved for a planning commission volunteer.
  • Highway 85 Annexation: A study session with council is being scheduled to address challenges extending city water and sewer to that area.
  • Land Use Code Update: Emphasized that the rewrite will involve difficult decisions for the commission, such as setback requirements, permitted uses, and administrative review authority.

Key Outcomes

• Minor Plat Approved Conditionally: The commission approved the minor final plat for 3075 Burno Gulch Road (4-1) subject to a fire mitigation plan approved by Lawrence County and a road maintenance agreement being established before recording.
• Signage Approved: The commission approved 24 sq. ft. signage for Our Saviors Lutheran Church (5-0).
• Next Steps: The Land Use Code Update scope of work will be finalized and presented to city council for consideration. Staff will continue coordinating on roadway and fire mitigation conditions for the plat. The commission will select a member for the Art in Public Spaces Committee at the next meeting.