On the agenda: Spearfish meeting — colocation (May 20)

Spearfish Planning Commission Agenda
May 20th, 2025 at 4:00 p.m.
Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish, SD
and by Zoom Online Meeting
Join the meeting
https://us02web.zoom.us/j/84741376706
Meeting ID: 847 4137 6706
A. Call To Order
B. Roll Call
C. Approve Agenda
D. Approve minutes from May 6th Regular Session
E. Declaration of Conflicts of Interest
F. Items for Action
1.

2.

Request:

Review a variance to certain minimum off-street parking requirements
(Ordinance Chapter 156.062) associated with the construction of an ice
hockey facility.

Applicant:

Brandy Purcell Hartman on behalf of the Northern Hills Amateur Hockey
Association.

Action:

Make a recommendation and set a public hearing before the Board of
Adjustment to hear and consider the request.

Location:

421 Hillsview Road, Spearfish SD 57783; Located east of the intersection of
Hillsview Road and Upper Valley Road.

Request:

Set a public hearing for June 16th before the Board of Adjustment for an
appeal of the April 15th, 2025, Planning Commission decision on a
Conditional Use Permit for a telecommunications facility.

Action:

Set a public hearing for June 16th before the Board of Adjustment.

Location:

6775 East Colorado Boulevard, Spearfish, SD 57783; Located east of the
Sky Ridge Sportsplex.

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.

G. Items for Discussion
a. Reviewing Existing Conditions within the Supplemental Information document associated with
the newly adopted Spearfish Comprehensive Plan, Adventure Ahead, and introducing the
goals of the zoning code revisions.
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
May 6th, 2025 at 4:00 p.m.
The Spearfish Planning Commission met in regular session on Tuesday, May 6th, 2025, in the Council
Chambers of City Hall and via Zoom video conference. Tysdal called the meeting to order at 4:00 p.m. Roll call
was taken with the following members present: Rick Tysdal, Amy Davison, Scott Duncan, Dylan Wilde, and
Greg Kruskamp. The following members were absent: Bill Moths, Meghan Byrum. Also present: Planning
Director Kevin Koelbel, Assistant Planning Director Jaymia Ecker, and Planning Technician Vasiliki Pistoftzian.
Approval of Agenda
Wilde moved to approve the agenda as presented, Davison seconded the motion, and the motion passed 4-0.
Approval of Minutes from April 15th Regular Session
Wilde moved to approve the minutes from the April 15th Regular Session, Davison seconded the motion, and
the motion passed 4-0.
Declaration of Conflicts of Interest
Tysdal called for any potential conflicts of interest to be identified. None were identified.
Items for Action
1.

Request:

Hold a public hearing and make a recommendation to City Council on the
preliminary plat of the Eastside Acres subdivision

Applicant:
Action:
Location:

Eastside Developers LLC
Recommend approval of the preliminary plat
6025 East Colorado Blvd.; West of Sky Ridge Subdivision
Ecker summarized the staff report. Tysdal opened the hearing for public
comment. Micah Peters made comment concerning the ability for the city to
provide infrastructure for the increased development at exit 17. No other
public comment was made, and the hearing was closed. Davison inquired
about connectivity to the future recreational path on the north side of
Colorado Blvd. Ecker showed two possible options for a connection to
Gunsmoke or Eastside Avenue. Wilde motioned to recommend approval of the
plat with the inclusion of a developer’s agreement highlighting staff
recommendations, Davison seconded, and the motion passed 4-0.

Items for Discussion
No additional items were discussed.
Public Comment
No additional public comment was made.
Adjournment
Wilde made a motion to adjourn the meeting and the meeting was adjourned at 4:20 p.m.

Spearfish Planning Commission Staff Report
May 20th, 2025, at 4:00 p.m.
Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish, SD
and by Zoom Online Meeting
Request:

Review a variance to certain minimum off-street parking requirements
(Ordinance Chapter 156.062) associated with the construction of an ice
hockey facility.
Applicant: Brandy Purcell Hartman on behalf of the Northern Hills Amateur Hockey
Association.
Action:
Make a recommendation and set a public hearing before the Board of
Adjustment to hear and consider the request.
Location:

421 Hillsview Drive, Spearfish SD 57783; Located east of the intersection of
Hillsview Road and Upper Valley Road.

The subject property is shown above in blue and located at 421 Hillsview Drive within Spearfish’s city limits. The
property is owned by the City of Spearfish and zoned Highway Service Commercial (C-2).
Page 1
Spearfish Planning Commission Staff Report
Meeting Date May 20th , 2025

Project History and General Comments
The applicant, Northern Hills Amateur Hockey Association, is seeking to create a community-centered hockey
rink, that will initially serve as a venue for scrimmages and public skating and eventually develop into a full-service ice
rink with permanent amenities. They are proposing four phases of construction over 7 years to achieve this goal. The
city owns the property, which is developed with two soccer fields, and intends to enter into a long-term lease
agreement with the Northern Hills Amateur Hockey Association for this project.
There is an existing 200’x60’ gravel parking area on the site. The association is requesting a variance to the
parking lot surfacing requirements and construction timing in Chapter 156.062 Minimum Off-Street Parking
Requirements in line with their phasing plan.
The proposed phasing is as follows:
Phase 1: A temporary ice rink will be placed in the middle of the site during the construction of the future ice rink
facility. The temporary rink will be used for practices and unofficial scrimmages. The existing gravel parking will be
striped to include 25 spots and one ADA-compliant spot.
Phase 2: The proposed 140’x 240’ ice arena will be constructed, and the temporary rink will be removed. The
applicant has indicated 164 parking spots will be required during peak capacity of the structure. They propose gravel
surfacing for the entirety of the parking lot except for 6 ADA-compliant spots which will be paved (based on the full
buildout of the structure), a concrete sidewalk from the ADA-compliant spots to the facility, and a concrete approach
into the parking lot from the road.
Phase 3: The proposed ice arena will be fully built out and include the front building, restrooms, locker rooms, and
concession stand. The expected uses will include practices, open skate for the community, games, and tournaments.
They propose asphalt surfacing for the south half of the parking lot and maintaining gravel for the north half. This
translates to 68 paved parking spaces excluding the 6 ADA-compliant paved spaces, and 102 gravel surfaced parking
spaces.
Phase 4: The entire parking lot will be paved fully with an anticipated 170 parking spaces in total.
The applicant has justified this variance request with the following points:
1. Minimized Environmental Impact: The temporary gravel parking minimizes immediate environmental
disturbance while allowing us to assess traffic patterns and parking demand.
2. Cost-Effective Development: Phased development enables us to allocate resources efficiently, focusing on
community engagement and rink operations.
3. ADA Compliance: Temporary measures will meet accessibility standards, ensuring equitable access.
4. Future Planning: The gravel base course will serve as the foundation for future asphalt paving, streamlining the
transition to permanent parking.
Staff Review
Under Chapter 156.062 Minimum Off-street Parking Requirements, the applicant would be required to surface the
parking area with concrete or asphalt at the time of construction as described in the chapter. The ordinance does not
dictate the number of off-street parking spaces required for this specific land use but guides the Planning Director to
make that determination.
Page 2
Spearfish Planning Commission Staff Report
Meeting Date May 20th , 2025

(A) Generally. No land shall be used or occupied; no structure shall be erected, altered, used or occupied, and no
use shall be operated unless off-street parking facilities, in at least the amount required, are provided or
available, and maintained in the manner set forth.
(B) Minimum Requirements. Includes the following design requirements:
1. A minimum ten-foot-wide landscape buffer strip is required between public sidewalks and off-street
parking stalls, parking lots and parking lot access driveways that run parallel to a public sidewalk.
2. Drainage and surfacing. They shall be properly graded for drainage, surfaced with concrete or asphalt and
maintained in good condition, free of weeds, dust, trash and debris;
3. Protective barriers. They shall be provided with barriers of such dimensions that occupants of adjacent
structures are not unreasonably disturbed, either by day or night, by the movement of vehicles;
4. Outdoor lighting. When provided, shall have an arrangement of reflectors and an intensity of lighting
which will not interfere with adjacent land uses or the safe use of adjacent streets.
Variances to zoning standards are governed by Chapter 156.081 Variances. Staff responses to the variance
evaluation criteria are listed below:
1. The requested variance is not contrary to the public interest, as determined by the Board of Adjustment. In
order to fulfill the public interest, the proposed variance must not:
(a) Alter the essential character of the locality; or
(b) Endanger public safety.
Staff response: The requested variance includes a phased approach to developing parking and prioritizes paving all
ADA-compliant spots required as early as possible. The applicants have detailed their plans for striping and including
an ADA-compliant space within phase 1 during their use of the existing gravel parking. Additionally, the applicant is
focused on creating a long-term community-oriented facility which will inevitably function in the interest of the public
as they implement open skate programs.
2. The requested variance must result from special physical conditions on the property, which:
(a) Are natural or human-made surroundings, shape or topographical conditions that do not result from
persons presently having an interest in the property; or
(b) Because the property is situated within any of the following downtown core neighborhoods and has a lot
width of 75 feet or less, or a square footage of less than 8,000 square feet:
1. Original Town Plat;
2. Uhlig Addition;
3. Ramsdell Addition;
4. West Addition; and
5. Schar’s Addition.
Staff Response: The existing parking area is gravel-surfaced, and the property is not situated within the mentioned
downtown core neighborhoods.
(3) A literal enforcement of the provisions will result in unnecessary hardship:
(a) Because of the special physical conditions of the property, unusual hardship that would serve no public
purpose would result to the owner if required to act in strict conformity with the provisions of the zoning
regulations and the authorization of a variance is therefore necessary to enable the reasonable use of the
property; and
(b) The hardship must be unique to a particular piece of property to justify a variance, and not shared by all
property in a particular zone.

Page 3
Spearfish Planning Commission Staff Report
Meeting Date May 20th , 2025

Staff response: The construction of a paved parking area at this point in time would prevent or significantly delay
the project. In addition, the existing gravel parking area has sufficed for a similar land use and staff do not
anticipate a significant change in vehicle traffic during the first and second phases of the project. If permitted, the
phased approach to constructing parking would allow the association the time and resources to construct the ice
hockey rink resulting in greater community benefits.
Summary and Staff Recommendation
The proposed phasing plan and prioritization of ADA compliant parking spots appropriately balances safety while
promoting the development of a community-centered facility. Modification to the existing gravel parking area during
phase 2 and onward will require grading, landscaping, and swales to ensure proper drainage and to prevent the gravel
from being tracked out on the adjacent sidewalk.
Staff support this variance request permitting a phased approach to the buildout of parking necessary to
accommodate this land use.
Staff Contact and Zoom Link
Jaymia Ecker
Assistant Planning Director [email protected]
605.722.2559
Join Zoom Meeting https://us02web.zoom.us/j/88056908174
Meeting ID: 880 5690 8174
Attachments
Application
Phasing Plan

Page 4
Spearfish Planning Commission Staff Report
Meeting Date May 20th , 2025

May 2, 2025

City of Spearfish, SD

VAR-25-1

Primary Location

Variance Application

435 HILLSVIEW RD
SPEARFISH, SD 57783

Status: Active
Submitted On: 5/1/2025

Owner
City of Spearfish
SPEARFISH, SD 57783

Project Information
Address or Legal Description of Property*

Property Zoning*

435 Hillsview Drive Spearfish

C-2 (Highway Service Commercial)

Please provide details on the specific variance request.

Subject: Parking Variance Request for Temporary Outdoor Ice Hockey Rink
Dear Planning and Zoning,
I am writing to formally request a parking variance for the proposed temporary outdoor
ice hockey rink located at 435 Hillsview Drive Spearfish. This request is made to
accommodate our phased development plan, which will eventually establish a
permanent facility with appropriate parking infrastructure.
Parking Overview

1.

Introduction

The project goal is to construct an ice arena with a front building containing restrooms,
concessions stand, and locker rooms. The construction will be split into four different
phases. Phase 1 consists of a “bare minimum” rink, composed of a liner with boards.
This will be set in the middle of the existing site while the proposed facility can also be in
construction. Phase 2 is the construction of the proposed ice arena structure and
providing a larger gravel lot with ADA compliant parking spaces. Phase 3 is paving half
the lot and the full build-out of the front building with restrooms, locker rooms, and a
concession stand. Phase 4 is completion of the parking lot.

1.

Phase 1

The parking plan for Phase 1 is to utilize the existing gravel parking lot. The temporary
rink will be used for practices and unofficial scrimmages. The expected number of
vehicles at the site at a given time is 25. This number is based on what is currently
observed at the team’s hockey practices. The capacity of the existing gravel lot is large
enough to accommodate the 25 people that usually attend practices.
One ADA parking space is required per 25 regular parking spaces so a single ADA
compliant parking space will be provided.

1.

Phase 2

For Phase 2, the proposed 140’ x 240’ ice arena will be constructed. According to the
Institute of Transportation Engineers Parking Generation (ITEParkGen) application, 164
parking spaces are needed during the peak day of the week for an ice-skating rink of
this capacity.
The following is the extent of the proposed parking area:

1. Gravel surfacing over the entirety of the proposed parking lot
2. Paving of 6 ADA compliant parking spaces (based on full buildout of the site)
3. Concrete sidewalk from the ADA compliant parking spaces to the facility
4. Concrete approach into parking lot from the road
The anticipated use of this phase would be practices and unofficial scrimmages. The
gravel parking lot is expected to hold 170 parking spaces plus the 6 ADA parking stalls.

Phase 3

1.

Phase 3 is the full build-out of the ice arena structure, including the front building with
restrooms, locker rooms, and a concession stand. The expected operation for the full
buildout would be practices, open skate, games, and tournaments. The following is the
proposed parking plan for this phase:
1. Asphalt surfacing of the south half of the proposed parking lot (providing 68 paved
parking spaces excluding the 6 existing ADA parking stalls)
2. Leaving existing gravel surfacing over the north half of the proposed parking lot
(providing 102 gravel surfaced parking spaces)

1.

Phase 4

Project Overview
Our project aims to create a community-centered ice hockey rink that will initially serve
as a venue for scrimmages and public skating. As we grow, the facility will evolve into a
full-service ice rink with permanent amenities. This phased approach allows us to
engage the community and assess demand while gradually developing the necessary
infrastructure.
Current Parking Plan
We propose utilizing the existing gravel base course for temporary parking. To ensure
organization and efficiency, we plan to stripe the gravel surface to delineate parking
spaces, including dedicated ADA-compliant spots. This approach will allow us to
manage parking in a safe and orderly manner while laying the groundwork for future
asphalt paving.
Compliance with ADA Standards
We are committed to providing accessible parking for all patrons. Our temporary
parking layout will feature clearly marked and appropriately sized ADA parking spaces,
with accessible routes leading to the rink entrance.
Future Parking Development

As the facility expands to host larger events and increased attendance, we will transition
from the gravel base to a fully paved asphalt parking lot. This progression aligns with
our long-term vision for the facility and meets all municipal parking standards. Our
phased approach ensures that we can adapt to community needs and avoid under- or
over-building parking infrastructure.
Justification for the Variance
1. Minimized Environmental Impact: The temporary gravel parking minimizes
immediate environmental disturbance while allowing us to assess traffic patterns and
parking demand.
2. Cost-Effective Development: Phased development enables us to allocate resources
efficiently, focusing on community engagement and rink operations.
3. ADA Compliance: Temporary measures will meet accessibility standards, ensuring
equitable access.
4. Future Planning: The gravel base course will serve as the foundation for future
asphalt paving, streamlining the transition to permanent parking.
Conclusion
We respectfully request approval of this parking variance to support the successful
launch and growth of the ice hockey rink. Our commitment to meeting accessibility
standards and transitioning to a permanent parking solution demonstrates our
dedication to responsible development and community service.
Thank you for your consideration. We look forward to your support.

Evaluation Criteria
Subdivision Variances
(A) An applicant who is able to show an extraordinary hardship arising from the
location, topography or other physical characteristic, which would make it difficult or
impossible to conform strictly to this chapter, may apply for a variance.
(B) The Common Council, upon finding that such conditions do exist and that the
public interest shall be secured and that such project will be beneficial to the
community and not nullify the intent and purposes of the comprehensive plan or this
chapter, may vary the regulations so that substantial justice may be done.
In granting variances and modifications, the Common Council may require such
conditions as will secure substantially the objectives of the standards or
requirements so varied or modified.
Application for a variance shall be made concurrently with the submission of the
preliminary plat.
Zoning Variances
A variance shall be approved only if the applicant is able to satisfy each of the
following three criteria:
(1) The requested variance is not contrary to the public interest, as determined by
the Board of Adjustment. In order to fulfill the public interest, the proposed variance
must not: (a) Alter the essential character of the locality; or (b) Endanger public
safety.
(2) The requested variance must result from special physical conditions on the
property, which: (a) Are natural or human-made surroundings, shape or
topographical conditions that do not result from persons presently having an
interest in the property; or (b) Because the property is situated within any of the
following downtown core neighborhoods and has a lot width of 75 feet or less, or a
square footage of less than 8,000 square feet: 1. Original Town Plat; 2. Uhlig Addition;
3. Ramsdell Addition; 4. West Addition; and 5. Schar’s Addition.
(3) A literal enforcement of the provisions will result in unnecessary hardship: (a)
Because of the special physical conditions of the property, unusual hardship that
would serve no public purpose would result to the owner if required to act in strict
conformity with the provisions of the zoning regulations and the authorization of a

variance is therefore necessary to enable the reasonable use of the property; and (b)
The hardship must be unique to a particular piece of property to justify a variance,
and not shared by all property in a particular zone.

Please provide justification in line with the evaluation criteria above.

We are a 501 c 3 Youth Sports Organization.
(1) Public Interest
The requested variance is not contrary to the public interest.
The proposed reduction in required parking:
Does not alter the essential character of the locality. The site will continue to serve
as a youth recreational facility, which is compatible with existing land uses in the area
and enhances community offerings.
Does not endanger public safety. Adequate parking will be provided to meet the
needs of current programming levels, and overflow or special event traffic will be
managed through [describe any mitigation—e.g., shared parking agreements,
staggered programming, volunteer coordination, etc.].
The project aligns with community goals by supporting youth development, increasing
access to healthy activities, and creating a pathway toward a permanent indoor ice
facility—all of which serve the public interest.

(2) Special Physical Conditions
The variance is the result of special physical conditions:
The current property has limitations that restrict the ability to meet full parking
requirements without sacrificing usable programming space or delaying necessary
site improvements.
These constraints are not the result of actions taken by the applicant, but rather are
inherent to the property and tied to its transitional use as a stepping stone toward a full
indoor facility.
Additionally, the goal is to activate the site and grow the hockey program responsibly
while fundraising and planning for a permanent facility. Imposing full parking
requirements prematurely would hinder this long-term community benefit.

(3) Unnecessary Hardship
Enforcing the full parking requirements at this stage would create an unnecessary
hardship:

Strict compliance would force the project to delay or reduce programming, directly
limiting the growth of youth participation and preventing effective use of the site for its
intended recreational purpose.
This hardship is unique to the property’s current phase of use, as it is not yet a
permanent structure but a critical step in the broader vision. Other recreational
properties with established infrastructure may not face the same development
trajectory or site limitations.
Approving the variance allows for a reasonable use of the property that supports longterm community benefits without compromising safety or compatibility.

Acknowledgement
Applicant Signature*

Brandy Purcell Hartman

Date*

03/03/1975

Apr 30, 2025

Staff Section
Planning Staff Assigned

Vasiliki Pistoftzian

Comments

Planning Commission Meeting Date

–

Application Type

Zoning

City Council Public Hearing

–

Variance Request to which standard?

Parking standards

FUTURE ICE ARENA STRUCTURE

2

PROPOSED TEMPORARY ICE ARENA STRUCTURE

3

PROPOSED 4" WATER SERVICE

0

30'

DESCRIPTION

1

60'

S

W - 12''

S

W - 12''

PHASE 1:

HORIZONTAL SCALE IN FEET

PROPOSED ELECTRIC SERVICE

5

PORT A POTTIES

6

TEMPORARY LIGHT POLE

7

YARD HYDRANT

8

PROPOSED TEMPORARY METER PIT

9

PROPOSED 4" WATER SERVICE

10

PROPOSED METER PIT

DATE

1

PROPOSED TEMPORARY
ICE ARENA STRUCTURE
85' X 200'

FUTURE
ICE ARENA STRUCTURE
140' X 240'

7
S

10
M

E

WS - 4''

3

8

S

R.O.W. LINE
(APPROX.)

EX C&G

53.45'

S

WS - 4''

WS - 4''

WS - 4''

WS - 4''

30.6'

M

WS - 4''

S

PROPERTY LINE
(APPROX.)

W - 12''

S

SECTION

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SURVEYED BY:

Interstate Engineering
120 Industrial Drive, Suite 2
PO Box 226
Spearfish, SD 57783
(605) 642.4772
Professionals You Need, People You Trust. www.interstateeng.com

25.0'
R.O.W. FOR PUBLIC ROAD

EX CONC SIDEWALK

S
S

2

9
W - 6''

S

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S

UGE

PROJECT NO: WC24-06-094

REV
NO
UGE

6

EX CHAINLINK FENCE
EX C&G

S

S

UGE

---

UGE

CHECKED BY:

UGE

PRELIMINARY SKETCH PLAN - PHASE 1

UGE

DRAWN BY:

UGE

SPEARFISH ICE ARENA
PROJECT OWNER
PROJECT LOCATION

UGE

EX CHAINLINK FENCE

S

UGE

PROPERTY LINE
(APPROX.)

PROPERTY LINE
(APPROX.)

S

OHE

W - 12''

OHE

S

5

W - 12''

OHE

S

4

S

W - 12''

BLDG

S

(DOC. #79-842)

UGE

15.00'

OHE

W - 12''

UTILIZE EXISTING
GRAVEL SURFACING

OHE

W - 12''

OHE

W - 12''

HILLSVIEW ROAD (66' R.O.W.)

S

S

R.O.W. LINE
(APPROX.)

S

W - 12''
OHE

S

30.5'

W - 12''

EXPECTED USAGE IS 25 PARKING SPACES

S

EXISTING GRAVEL PARKING ESTIMATE IS 25 PARKING SPACES

S

S

BY

4

W - 12''

NEW PAVED ADA PARKING SPACES

2

NEW CONCRETE SIDEWALK

0

GRAVEL SURFACING

4

NEW CONCRETE APPROACH

5

PROPOSED AIR COOLED CHILLER

6

RELOCATE PORT-A-POTTIES

7

CAP WATER STUB AND REMOVE YARD HYDRANT

BY
DATE

G

2

BLD

PROPOSED
ICE ARENA STRUCTURE
140' X 240'

SIDEWALK

25.0'

7
S

6

OHE

OHE
M

WS - 4''

WS - 4''

WS - 4''

WS - 4''

S

W - 12''

S

R.O.W. LINE
(APPROX.)

EX C&G

53.45'

S

EX C&G

EX CHAINLINK FENCE

WS - 4''

PROPERTY LINE
(APPROX.)

S

W - 12''

WS - 4''

33.4'

M

15.00'

E
W - 6''

OHE

R.O.W. FOR PUBLIC ROAD

W - 12''

PHA

1

SE 3

GRAVEL SURFACING

SIDEWALK

3

25.04'

S

OHE

EX CONC SIDEWALK

W - 12''

4

W - 12''

S

SECTION

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DESIGNED BY:

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REV
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SURVEYED BY:

UGE

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OHE

10.00'

S

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UGE
DUMPSTER

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UGE

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UGE

CHECKED BY:

UGE

PRELIMINARY SKETCH PLAN - PHASE 2

UGE

DRAWN BY:

UGE

SPEARFISH ICE ARENA
PROJECT OWNER
PROJECT LOCATION

S

UGE

PROPERTY LINE
(APPROX.)

Interstate Engineering
120 Industrial Drive, Suite 2
PO Box 226
Spearfish, SD 57783
(605) 642.4772
Professionals You Need, People You Trust. www.interstateeng.com

S

EX CHAINLINK FENCE

S

PROPERTY LINE
(APPROX.)

S

(DOC. #79-842)

BLDG

S

30.5'

UGE

S

10.01'

W - 12''

R.O.W. LINE
(APPROX.)

S

W - 12''
W - 12''
OHE

6 ADA STALLS

S

S

3

170 AVAILABLE PARKING STALLS

S

OHE

60'

HORIZONTAL SCALE IN FEET

S

164 REQUIRED PARKING STALLS

S

W - 12''

30'

DESCRIPTION

1

S

W - 12''

HILLSVIEW ROAD (66' R.O.W.)

S

PHASE 2:

W - 12''

PAVE SOUTH HALF OF PARKING LOT

2

NEW SANITARY SEWER SERVICE

3

LOADING AND UNLOADING ZONE

0

30'

DESCRIPTION

1

60'

HORIZONTAL SCALE IN FEET

EXISTING GRAVEL SURFACING

S

DATE

4

BY

S

W - 12''

S

PHASE 3:

REV
NO

W - 12''

164 REQUIRED PARKING STALLS

9.0'
27 PARKING SPACES

(TYP)

OHE

WS - 4''

WS - 4''

WS - 4''

M

WS - 4''

WS - 4''

30 PARKING SPACES

PROPERTY LINE
(APPROX.)

S

W - 12''

WS - 4''

30.5'

15.00'

W - 6''

R.O.W. LINE
(APPROX.)

W - 12''

S

SECTION

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SHEET NO.

X:\2024\WC\06\WC24-06-094_Spearfish_Ice_Rink\20_CADD_WC2406094\060_Design\_FG-DESIGN-PHASE3_(WC24-06-094_IceRink).dwg 3/26/2025

---

##/##/2024
DATE:
--DESIGNED BY:

SURVEYED BY:
---

--CHECKED BY:

PRELIMINARY SKETCH PLAN - PHASE 3

S

W - 12''

S

EX C&G

3
40.80'

Interstate Engineering
120 Industrial Drive, Suite 2
PO Box 226
Spearfish, SD 57783
(605) 642.4772
Professionals You Need, People You Trust. www.interstateeng.com

25.0'

DRAWN BY:

PROPOSED
ICE ARENA STRUCTURE
140' X 240'
R.O.W. FOR PUBLIC ROAD

ASPHALT SURFACING

26 PARKING SPACES

PROPOSED
FRONT BUILDING
40' X 100'

PHASE 2
GRAVEL SURFACING

SIDEWALK

25.06'

EX CONC SIDEWALK

S

S

5.0'

26 PARKING SPACES
26 PARKING SPACES

S

SPEARFISH ICE ARENA
PROJECT OWNER
PROJECT LOCATION

S

S

UGE

40.0'

25.0'

EX CHAINLINK FENCE
EX C&G

UGE

EX CHAINLINK FENCE

20.0'

1

4

S

S

UGE
DUMPSTER

PROPERTY LINE
(APPROX.)

UGE

PROPERTY LINE
(APPROX.)

(DOC. #79-842)

UGE

S

W - 12''

OHE
W - 12''

OHE
W - 12''

S

UGE

25.0'

OHE

S

(TYP)

OHE

UGE 36 PARKING SPACES
UGE

S

10.00'

S

W - 12''

UGE

S

19.20'

OHE

UGE

S

(TYP)

HILLSVIEW ROAD (66' R.O.W.)

S

S

30.5'

10.00'

W - 12''
OHE

2
S

S

6 ADA PARKING STALLS

S

S

R.O.W. LINE
(APPROX.)

68 PROPOSED ASPHALT PARKING STALLS

PROJECT NO: WC24-06-094

102 PROPOSED GRAVEL PARKING STALLS

S

S
S

EX C&G

EX C&G

R.O.W. LINE
(APPROX.)

W - 12''

S

W - 12''

OHE

W - 12''

OHE
W - 12''

OHE
W - 12''

S

WS - 4''
WS - 4''

UGE

1

26 PARKING SPACES

ASPHALT SURFACING

26 PARKING SPACES

WS - 4''

WS - 4''

30 PARKING SPACES

EX CHAINLINK FENCE

40.80'

X:\2024\WC\06\WC24-06-094_Spearfish_Ice_Rink\20_CADD_WC2406094\060_Design\_FG-DESIGN-PHASE4_(WC24-06-094_IceRink).dwg 3/26/2025

WS - 4''

UGE
DUMPSTER

25.0'
20.0'
40.0'

5.0'

26 PARKING SPACES

EX CHAINLINK FENCE

S

UGE

S

UGE

S
S

PROPOSED
ICE ARENA STRUCTURE
140' X 240'

(TYP)

9.0'

OHE

WS - 4''

PROPERTY LINE
(APPROX.)

S

25.0'

SECTION

G4
4

SHEET NO.

CHECKED BY:

---

---

DESIGNED BY:

SURVEYED BY:

---

---

DATE:

##/##/2024

PROJECT NO: WC24-06-094

REV
NO

DATE

BY

DESCRIPTION

S

60'

PRELIMINARY SKETCH PLAN - PHASE 4

R.O.W. LINE
(APPROX.)

S

W - 12''

30'

DRAWN BY:

S

W - 12''

HORIZONTAL SCALE IN FEET

SPEARFISH ICE ARENA
PROJECT OWNER
PROJECT LOCATION

W - 12''

0

Interstate Engineering
120 Industrial Drive, Suite 2
PO Box 226
Spearfish, SD 57783
(605) 642.4772
Professionals You Need, People You Trust. www.interstateeng.com

UGE

PROPERTY LINE
(APPROX.)

S

UGE

PROPERTY LINE
(APPROX.)

R.O.W. FOR PUBLIC ROAD

S

30.5'

OHE

6 ADA PARKING STALLS

(DOC. #79-842)

26 PARKING SPACES

S

PROPOSED
FRONT BUILDING
40' X 100'

10.01'

10.00'

SIDEWALK

S

UGE 36 PARKING SPACES
UGE

M

25.04'

EX CONC SIDEWALK

S

UGE

S

30.6'

M

15.00'

S

HILLSVIEW ROAD (66' R.O.W.)

OHE

170 PROPOSED ASPHALT PARKING STALLS

S

1

S

OHE

UGE
S

25.0'

2025, INTERSTATE ENGINEERING, INC.
W - 6''

(TYP)

W - 12''
S

S

19.20'

W - 12''

S

(TYP)

c
S

W - 12''

PHASE 4:

PAVE NORTH HALF OF PARKING LOT

164 REQUIRED PARKING STALLS

From:
To:
Cc:
Subject:
Date:

Jeremy & Trish
Kevin Koelbel
Jaymia Ecker
Notice of Appeal for Horvath Communications" Conditional Use Permit to construct a 120" telecommunications
tower
Friday, May 9, 2025 8:05:50 AM

Dear Planning Director Koelbel,
As a community member of the City of Spearfish I am aggrieved by the Planning Commission’s
decision on 4/15/25 to issue a Conditional Use Permit to Horvath Communications to
construct a 120’ telecommunications tower at 6775 East Colorado Boulevard.
While the Telecommunications Facilities Chapter of Spearfish ordinance (156.067) requires a
CUP for facilities over 60 feet in height in C-2 and DRD zoning districts, I believe that in
approving this CUP the City of Spearfish was in error.
Firstly, despite the Telecommunications Facilities ordinance having been amended earlier this
year to accommodate this proposed project, Horvath Communications did not submit a
complete application for this facility. Specifically, 156.067 (G)(6), which requires a statement
documenting how many carriers can co-locate. This is critical for this project because colocation of other carriers is how Horvath Communications was able to get this project to meet
the points required to have this tower qualify using the approval matrix in the
telecommunications chapter. Planning Commission discussed this at their April 15th meeting,
but did not require Horvath to submit this as a written document as a condition for approval.
Secondly, while DRD zoning lists Telecommunication Facilities as a use eligible for a CUP, this
should be along with a final plan approval or revision. Planning Commission did not reference
the current final plan for this parcel as part of their decision-making process. It is my
understanding that the final plan for this parcel was approved on December 3rd, 2019, as a
one-step plan as part of the Vieland DRD (Tract H). As a condition for approval, DRD final
plans require the submittal of architectural heights of all structures 156.041 (G)(1)(c), which,
in the case of this parcel, were all single-story storage units. This proposed
telecommunications facility is a substantial change and should require a revision to the DRD
final plan for this parcel based on 156.041 (H).
Thirdly, this proposed CUP is in conflict with the stated intention of both the
telecommunications ordinance 156.067 (A) (Wireless antenna equipment and supporting
structures are intended to be located in areas where they are the least obtrusive and most
compatible with the surrounding environment.) and DRD zoning 156.041 (A) (Development of
such parcels shall be accomplished while meeting public requirements, including preservation,
promotion and protection of open space, scenic vistas and natural resources, by the application
of extra administrative controls.) This conflict is affirmed by the findings report for this CUP’s
approval which states in its summary of evaluation criteria number four, “Visual impacts of
this project extend a significant distance beyond the subject property.”
In light of these concerns, I am asking for the Board of Adjustment to consider this appeal and
deny the Conditional Use Permit for Horvath Communications' proposed telecommunications
facility at 6775 East Colorado Boulevard.
Respectfully,
Jeremy Smith

-287 Evans Lane
Spearfish, SD 57783
605.559.3276
www.cyclefarm.net

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Land Use Discussion Series
Session 1: Review Adventure
Ahead Existing Conditions
May 20, 2025

Planning & Zoning Department, City of Spearfish, 2025

Reference Materials

Adventure Ahead

Supplementary Material
Interactive Zoning Map
Zoning Code

Planning & Zoning Department, City of Spearfish, 2025

Purpose

Incorporate Adventure Ahead into
Planning Commission review
processes

Begin coordination
between Planning Commission
and Staff regarding Zoning Code
Analysis and subsequent
code updates

Ordinance revisions and
planning initiatives are aligned with
Adventure Ahead

Planning & Zoning Department, City of Spearfish, 2025

Tentative Land Use
Discussion Schedule

Existing Conditions

Overview of Comprehensive Plan Goals

Zoning Code Analysis

Specific Use-Cases

May 20th

June 3rd

Future Land Use Map

June 17th

July 15th

Introduction of consultant working on Zoning Code Analysis

Planning & Zoning Department, City of Spearfish, 2025

Existing Zoning

Planning & Zoning Department, City of Spearfish, 2025

Adventure Ahead
Supplemental Information

Zoning Districts

Existing Conditions - Land Usage
Key Trends and Challenges
Pages 130-154

Residential Land Use
Commercial Land Use
Land Use Trends

Planning & Zoning Department, City of Spearfish, 2025

Zoning District Challenges

Zoning District
Inconsistencies
▪ 3 zoning designations missing
from ordinance:
▪ Parks, Recreation & Open
Space (PR)
▪ Public Schools, College
(PS)
▪ Planned Unit Development
(PUD)

No Historic Overlay

Use of DRD District

▪ Two federally recognized
historic districts:
1. Spearfish Historic
Commercial District
2. Jackson Boulevard Historic
District

▪ Flexible area regulations as
approved in concept and final
plans

▪ Statutory regulations under
SDCL 1-19A

▪ Largely used for R-1 style
development with smaller lot
sizes

Distribution of
Zoning
▪ Largest to smallest zoning by
acreage: AG 36%, DRD
18%, Parks, Recreation &
Open Space 12%

Planning & Zoning Department, City of Spearfish, 2025

Residential Land Use Challenges
Proliferation of singlefamily housing

Restrictive area
regulations

Extensive Parking
Requirements

▪ Accounts for more than 50%
of all housing

▪ Large gaps in actual versus
maximum lot coverage

▪ Stifles redevelopment on
smaller lots

▪ Multi-family housing not
incentivized through current
code

▪ Large minimum lot sizes
limits higher-density housing
and walkability

▪ Pushes developers to seek
larger lots further from city
center

▪ Missing accessory dwelling
unit provisions

▪ Onerous setbacks contribute
to decreased density

▪ No short-term rental
regulations

▪ Low maximum lot coverage
reduces construction of
additional housing

Planning & Zoning Department, City of Spearfish, 2025

Residential Land Use Example
R2 zoning district intended for medium
population density

Parking: 2 off-street spaces per
dwelling unit
Minimum lot size: 8,000 sqft.
Setbacks:
• 25' front and rear
• 8' side
Max lot coverage: 40%

Planning & Zoning Department, City of Spearfish, 2025

Commercial Land Use Challenges
Limited Dimensional
Standards and No Design
Standards

C1 Redevelopment Incentive

▪ CC, C-1, and C-2 maximum
height of 60 feet

▪ 50% parking reduction if
certain criteria are met

▪ C-3 Office Commercial district
includes 35% max lot coverage

▪ Underutilized

All Commercial Districts
permit residential uses
▪ Single-family, two-family, and
multi-family housing is
permitted as a use by right
▪ No area regulations

▪ No other area regulations
Residential
setbacks
No
setbacks

Planning & Zoning Department, City of Spearfish, 2025

C2

Relationship between Commercial
Zoning Districts by Land Use

C1
C3

CC

Planning & Zoning Department, City of Spearfish, 2025

Lot Coverage by Zoning District

Misalignment between built
environment and zoning code

Setbacks further restrict
buildable area
R1 and R2 – 40% max with
<30% actual
R3 – 30% max with ~38% actual

Planning & Zoning Department, City of Spearfish, 2025

Topographic Considerations

▪ Geologically sensitive areas prone to rapid erosion and groundwater
contamination
▪ Limited regulations preventing property owners from developing on
geologically sensitive areas

▪ Intersection of floodplain and the built environment presents
planning challenges including safety risks and environmental
damage if not managed appropriately
▪ FEMA Flood Map

Planning & Zoning Department, City of Spearfish, 2025

Extraterritorial Jurisdictional
Areas
▪ County Zoning applies in the ETJ
limiting the city's ability to realize
desired land uses
▪ Differences in City and County
requirements for infrastructure
improvement, Wildfire-Urban
Interface mitigation, road jurisdiction,
and right of ways
▪ Pending update of ETJ ordinance
(text and map)

Planning & Zoning Department, City of Spearfish, 2025

Land Use Trends
Increase in Rezone
Requests

Leapfrog Development

Loss of Agricultural and
Open Space

▪ Rezoning for more flexible
land area regulations

▪ Developing land far from City
center, contributing to sprawl

▪ AG land being rezoned and
developed

▪ Ex. Eastside Acres

▪ Ex. Elkhorn Ridge

▪ Ex. The Reserve

Low-density
development within
City Limits
▪ Promotion of single-family
housing leading to lowdensity development within
City center

Planning & Zoning Department, City of Spearfish, 2025

Sprawl
Lack of Affordability
Increased car traffic and air
pollution

"urban sprawl, the rapid expansion of the geographic extent
of cities and towns, often characterized by low-density
residential housing, single-use zoning, and increased reliance
on the private automobile for transportation." - Britannica

Loss of park, open space,
forest, and agricultural land

Increased public expenditure

Increased impervious surfaces
Negative social impacts

Easier access to services,
retail, schools, etc.

Car-dependent.
Limited access to
services, retail, schools,
etc.

Planning & Zoning Department, City of Spearfish, 2025

Zoning Code Analysis Objectives
Identify
inconsistencies...
▪ of existing zoning regulations and
State statute or relevant case law

▪ unclear language, outdated
requirements in zoning and
subdivision regulations
▪ between definitions and
terminology throughout the code

Review...

Evaluate...

▪ existing zoning & dimensional
standards to better align with
Adventure Ahead Comprehensive
Plan

▪ whether residential setbacks,
heights, and lot coverage are
leading to desired development
patterns

▪ list of permitted, conditional, and
accessory uses and recommend
changes

▪ all aspects of commercial and
industrial zoning regulations to
ensure desired outcomes are
achieved

▪ development procedures as needed

Planning & Zoning Department, City of Spearfish, 2025

Zoning Code Analysis Objectives
Identify
inconsistencies...
▪ of existing zoning regulations and
State statute or relevant case law

▪ unclear language, outdated
requirements in zoning and
subdivision regulations
▪ between definitions and
terminology throughout the code

Review...

Evaluate...

▪ existing zoning & dimensional
standards to better align with
Adventure Ahead Comprehensive
Plan

▪ whether residential setbacks,
heights, and lot coverage are
leading to desired development
patterns

▪ list of permitted, conditional, and
accessory uses and recommend
changes

▪ all aspects of commercial and
industrial zoning regulations to
ensure desired outcomes are
achieved

▪ development procedures as needed

Planning & Zoning Department, City of Spearfish, 2025