Planning & Zoning Board - Regular Meeting

This conference will now be the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. Okay. Um, is there any additions or corrections to the minutes from our March 5th meeting? Move to approve. Second. Discussion. All in favor say I. same side. I'm sorry. Uh any additions or corrections to the agenda? No changes. Move to approve. Second.

Discussion. All in favor say I. Same sign. Okay. And any conflicts of interest? Not here. None.

Seeing none, we'll move into a public hearing for changes zoning 291-26 for Black Hills property. So, our format for the public hearing is we'll hear from Amber and we'll hear from the applicant. Then we'll open the meeting to the public and you can talk. and when you stand up or please stand up to talk and then state your name and your address because the meeting is recorded and it helps a lot with the minutes and stuff like that. Um, if you forget I'll ask you. I'm not mad at you. I'm just reminding you. Um, and then we'll go back and forth with that for a while and then when there's no more input from the public, we'll close the public hearing and then we'll have discussion amongst the board and we ask you please refrain from that unless we ask you to. So,

all right.

Okay. So, this is even though it's titled changes zoning 29126, the reason why we have it that way is because this original Powder House pass um community improvement district master plan was approved as part of the original change of zoning. So, we keep the numbering the same just for so we know kind of what's going on with it. Um this is an amendment to that original master plan. And the amendment, I'm not going to read this whole thing, but this is just kind of a summary. Basically, the amendment is so that we can um have a better process of looking at commercial development within that subdivision. Um we now will have some information in the master plan that specifies uh the amount of usage. So for sewer and water, there's a usage with it now versus just having a open-ended number. Um so they would have to meet those usage requirements. And then also as part of this amendment, they are requesting that um in the original PUD and it was in our old plan unit development district regulations. There was verbiage in there for common space. It was a minimum of 25% of the total site acreage included in the application shall be preserved as common recreation and meaningful open space. um talks about you can use water bodies, flood plane, whatever. When in when we did the ordinance amendment for 20224 where we advise sections of this planned unit development at that time, there was um some change to that common space 25% requirement. And the reason for that was we were having issues with subdivisions creating these common spaces but then not doing anything with them. They were just unmaintained land. it wasn't, you know, there was just nothing happening. Um, and then sooner or later they would be given up for not paying taxes on them

and then they would just sit there. We just we wouldn't have anything. So in the in 2022 when we did this, we changed the wording to basically be that a documentation of ownership and maintenance responsibility attached to that common space has to be out there. So, the community improvement district and the master plan, they would like the language to be updated. So, instead of being the old regulations, they would like to update it to the new regulations. It makes sense to me. We made that change, but this was in their old master plan. So, they're just asking for the new language, which is what you see here. Um, it'll it just makes it consistent with what our actual regulations are. So as part of the process as they were doing the amendment, it made sense to go ahead and request it at the same time. So that's all I have. Trent is online and John is here if you have any questions for powerhouse pass.

Mr. Chairman, Amber, is it true that the overall density in terms of either residential, commercial doesn't change with this? It's just a matter of how they're sort of measured. Is that fair? Um residential doesn't isn't changed at all. Commercial, we didn't have a number on it before which was what was causing the problem. So now it's if they can make it work based on the usage then we can allow it. You're talking usage based on this chart that's in here. Yes. Yep. So now they just they have to basically their engineers have to prove that whatever they're doing they can make those standards work.

So that's all I have. Anything else for the applicant? Okay, we'll open it up for public comment. Anyone have any comments? Mr. John, I think this was done in conjunction with Powder House Pass, right? Where with the sanitary sewer district, so they had input on the water usage, correct? Correct. So, the developer and the district itself cooperated to produce this. Yes. Okay. Amber, you have anything else? I don't have anything. applicant public. All right, we'll close public hearing.

Um, quick question before you guys start. And whether this is Trent or John, I didn't I need the signed paperwork back from you guys that I gave you in that packet. We never got it back. So, just look for the packet and then drop those off to me, please. Okay. Any discussion, questions? I think it just cleans it up a lot. and then makes it a better program. It's a way of measuring. So I move to approve. I will. Okay. Thank you. Discussion. All in favor say I. I. Same sign. Motion carried.

All right. Public hearing for CUP 500 for Front Gate Holdings. Uh is there any new people that need to hear the public hearing format again? Okay.

Okay. So, this is a public hearing for Frontgate Holdings, um, Jeff and Paulie Garrett's property off of Highway 85. They would like to install a wireless communication tower and facility on that property. Um, it's where the storage units already sit, so it kind of makes sense. It's all in that general location. Um, it meets all of the requirements with uh with towers. We just have a regular conditional use permit process. um you guys can, you know, dictate how tall you want it and all of that. We usually have kind of a standard. They've provided the plans for you of what they're asking for. And their plans that are included are consistent with other towers that we've already approved. So, we usually don't go into it much. We do require a full set of plans. They will have to get a building permit um if this is approved approved. Um, I think that's probably all I have unless you guys have specific questions. They gave you all of the engineering data, you know, as that the big packet that you received. And Ryan is here if you guys have any questions for the applicant.

Okay. Anything from that? Good. Good. Okay. And we'll open up for public comment. Anybody anything else? Nope. All right. Close the public hearing discussion.

Looks be simple. There's definitely a dead area out there for cell service. Yeah, I think it's a good spot for it. I move to approve. Second discussion. Is that with conditions included? Yes, there is. What was your question? Is that with the conditions included? There's 18 conditions. Yes, I would include the conditions. Okay. Thoughts or questions? All in favor say I. I. on the same side.

Okay. And then Ryan, we have a packet for the next round of stuff for you. So, pretty much the same process. We'll trade out.

This was the only thing that perfect. Thank you. Okay. Informational meeting for CU451-26 Arts Kids LLC. Okay. Um this is for Martya Arts. Um and this is down Boulder Canyon. It would be where Marta's Dog House, Diva Dog House is been there for a long time. Used to be the church, the Jehovah Witness Church years ago. Um, she has been actively running that facility now, what did we decide? N

six years already. Wow.

Six years already. We have had zero complaints in the entire six years, which says a lot because there's dogs and animals and things. So, that's good. Um she also lives on site. So her house is inside the church. She rebuilt that. So the house is in there plus all the kennels and then you've got the outdoor space. Um at the time that she did her original plan, she had said that, you know, if it goes well sooner or later I'd like to, you know, maybe come back and do some additions to it. We opted with the um changes that she wants to make. It was best to do an amendment. She put a whole business plan together for you guys. Um did a nice job with it. that she would like to expand the number of dogs allowed. In her current C, it was 20 dogs. I can tell you and she's very well aware that she does have more than 20 dogs there um just because it's gotten busier. And so with that, she felt that it was time to, you know, consistently since she's having more to come in and do this review. Even with the additional dogs, we have still not received any complaints. Um so she would like to increase that. she would like to make some changes to the existing building. Um, you know, one thing is is that was an old church. There's been a lot of changes on the inside. She's made it where, you know, you can live there and be there and really don't know anything's taking on taking place inside the building. Um, they would like to have some retail space, some obedience trading, and then, um, in the old plan, it had already had it someday. She would like to have grooming. Well, we're at that someday. uh she has her full-time groomer there now that can that can help with things. So, she wants to have a space for her and then wants to add kind of a kitty area, a cat area that's more enclosed in a way because there's just as many people have cats as they have dogs. So, um but I think overall she put a nice business plan together for you explaining what she's going to do and

how she would like to go about it. Um based on the old one, we didn't have any issues. the addition in here that we had talked about and I let her kind of do it. I mean, she's already been kind of doing it, but she felt she should add it. Um, during, everybody knows during events, Deadwood events, there's parking needed. So, she would like to have some she basically is letting people come out there and park just she has that big concrete parking lot already and they're not there really. You know, the dogs, you know, people drop off and leave. they don't park there. So, she would like to allow people to park during vendor events and different things going on downtown. I think it makes sense. There's a nice parking area there and it's easy to get in and out of. Um, so she did add that stuff in here too. You know, the horse trailer parking um event and vendor parking area. Um, I know there's been a couple times like well I she's had some events out there like when you have you know dog events. Um, I know she had a school event out there where the kids did a fundraiser and, you know, there was stuff outside and whatever. So, she'd like to just utilize some of that space. Um, she'll put a new fence in. So, that's all written up in there. I think she put a good plan together. This is a very, you know, rough drawing of what she would like to do. You come in and there's a hallway. There would be an area here and an area here. We're going to make her follow all the current code requirements. So we don't usually ask for that as part of the cup. They would have to submit it as part of their building permit. So that's kind of why you don't have a real detailed set of plans yet. This is existing location. You can see all the parking.

I I have a question on that. So that it's that one in the middle that is the town and then that's where this entire structure is all Yep. Okay. So she lives kind of over in this back corner. So it's just an expansion of that space there. It's actually just redoing the inside. And then well, actually, sorry. Go ahead. No, go ahead. Um, so this this awning right here, it'd be under this. So, this you did say that it's going to be incorporated. And this would be the room and that would be the hallway into the lobby area. So, are you expanding the parking at all? No. Okay. Shouldn't have to.

No, shouldn't have to. You got a real fun walls there. I brought my handyman with me. He looks excited. Yeah. Right now. Right now, you drive under that and come back out. It makes a loop. So, it'll just her drop off will basically the same footprint. Pretty much the same footprint. Yep. Yeah. Make sure you put a sign so people don't keep driving, too. Yeah. I already ran into one of my pillars. and and parking wise, she has more than enough. We've never had enough people there at one time. It's usually they drop off and leave. Yeah. Because it's a doggy daycare type facility.

So, that's kind of what's going on there. Um, again, built buildingwise, she'll have to bring it all into compliance and we've worked with them. Um, the handyman redid the whole inside of the building, so he got really good at meeting the requirements. Okay. Any else? Any other questions? That's all I have. Do you have anything to add more? During events, does a shuttle bus run out there then and pick people up and drop off or Well, it's very nice because cool dead nights, they already have something worked out with Ernie and Kim do. And so some of my trailer people that come back every year, they will park there and then walk over and take the shuttle into town. Okay.

So, yeah, it's been really convenient. And I even have some of my trailers bring their dogs now. And so they I already got calls for coming. They like they like that I'm there. They like even if it's just their trailers, they like the fact that I'm there and watching over the place. So yep. I allowed her to do the trailer stuff last year without actually having it in the C because everybody knows that needs space for trailers. So we let her do it and then just said because we knew she'd be looking at this update. So, we figured we'll just put it in there now as part of it, but it worked really well. We didn't have any like no problems with getting a trailer in and out of there or anything.

Okay. Does anybody have any other questions? Does anybody want to do it on site? I'll move. Oh, you can't do that yet. We're just starting informationational meeting today. Today's justformational. Sorry. That's that's a good sign for you. What's going to happen? Is there any thought to I see a lot of green and people will drop trailers off everywhere. Is there any requirement that they stay on the pavement or can use the whole lot? Um so you have to be a little careful because there is septic system out there. Yeah.

Well, the septic system is in the front. Um the green I mean I've had random but I used to work for the Chamber of Commerce with events so I' I'm pretty well I' I've had I just I've helped but I have a good system where they just do a circle and then maybe but I do own that just put a note in there so that we shouldn't or should I wouldn't have a problem if you do but it just cover it one way or another way. Yeah. Okay. I'd like to go towards maybe we would do an expansion of your drive of your parking area.

Even like with one of my events, I'd like to take up the whole parking lot and then have but it' be in the summertime for sure and have maybe some parking over there. We can we can look at that for the conditions is what you're thinking. Yeah. Okay. Okay. There's your sign. There's your packet. You remember the drill. Do the sign looks like I'm curious. She's new. She hasn't seen. Okay. This one's specifically for conditioning. So, they know. So, they're all they're all color coordinated depending on what it is. So, blue is always CP. I don't know. They're all color coordinated. I don't remember what all the colors are. Okay. Thank you. Yep. Thank you.

Okay. There you go. Thank you so much. See you. Thank you. Okay. So, the public hearing for that will be on May 7th. Okay. Um, now informationational meeting for ordinance 26-01. Carly.

All right. So, we are actually going to talk about 2601 and C501 kind of simultaneously. So, you kind of know because they are going to work together, but we have to have separate um discussions on them and ordinance stuff. So, the first is the ordinance change. So Carly had come to me and she was interested in purchasing a house that sits right across from the Crow Peak Brewing Company and right behind the gas station. So if that gives you that little house that sat there, right? So it's right next to the gas station right next to on drove by there the other day and I wasn't sure. Right on Evans Lane. So it's a house away from the guest.

Okay. So yeah, it's like right there. So, um, she was interested in purchasing that property and as part of that, we started looking at how could she make that house a commercial building instead of being a residential house. um she owns a current business and that's what you see in the the second line item the cup. It'll be root wellness and as part of that wellness business she wants to be able to offer her business in there plus maybe some retail and or other people that are doing similar to what she does. And so as part of that when we started looking at the highway service commercial zoning which is what that property is. So the property is actually zoned highway service commercial. there wasn't anything within that zoning district that would really work for what she wanted to do, but we did have um verbiage in other parts of our ordinance for so retail sales and trade is already defined. So we have a definition because we did a retail sales and trade in a different district. Well, the retail sales and trade works perfect for what she wants to do. um it's professional offices, um retail obviously, but that's kind of what that definition is and that's already in our ordinance, but it wasn't listed as a conditional use permit in that district. So, she's having to amend the district. Now, we had some discussion on would we add it as an allowed use or a conditional use. Um the reason why I didn't recommend an allowed use is because that's not how it was in the other district. So usually we try to be consistent. The other district it was already listed as a conditional use permit and with that the conditional use permit gets approved first. Then the building permit has to go through the city of Spearfish because it's inside their building permit jurisdiction and then they are going to look at you know parking regulations and all of that for a commercial business. So um we just I I

felt it was best to be consistent with the other commercial district and and keep it the same. So we have to add that in first. That is the ordinance 2601. We'd be adding it to the highway service commercial district. Um, and then the second part of it is the CU. So, I don't know if you want me to keep talking about the C part though. It she provided an out. Which district was retail sales and trade? No. Um, I didn't write it down. I think it's in I think we have it in park forest and rural residential already. Um, and then but no in highway service. It didn't make sense. And that's what you guys have been doing.

Well, I I actually think I think what it was is it got added into the park recently. Like we just added the definition and I think somebody else wanted to do a similar type thing so they added it but they were only working within that district. Yep. And so um so two things with this one. one. I feel that this is the one we didn't have Carly pay for, right? Okay. I did not have Carly. So, normally I would collect a fee from the person, but in this scenario, I feel like it really is something that we probably would have done anyways. We just weren't working on ordinance revisions.

So, I did not charge her for this one. I feel like we should just run it through like regular. Now then she would have to um apply for the C and pay for the CU. So if you guys are okay with that, that's how I'd like to operate it. We'll just do a regular administrative administrative changes or we would just run it through without them having to pay the $200 fee because I think we would have done it. We just weren't working on ordinance revisions. You said it's in park forest, but it's not in here now because you just recently I don't I said I didn't know for sure which one it was in, but it's in one of them. We just added um retail sales and trade. If you look at those, that's the definition. No, I'm I'm under the

zoning district. It's either rural residential or we'll go into ordinances. Public's allowed to come and apply for change the ordinance in order to do what it want to do. We've done it several times in several districts. Did we pull it out of the highway? So it's already zon for years. Highway. Okay. We have too many discussions going on. Uh so one we have go ask question.

Well I'm just asking it's already zone highway service commercial. Why should we need it? conditional use permit to have retail sales commercial because the right now in highway service commercial retail sales is isn't a allowed use right now for some reason it's not listed at all right now well you have to have so all items have to be written down in a list and we we just didn't have this one I'm sorry it was general commercial is there it is I knew it was in here I just yeah so right now in general commercial it's an allowed use so that's one thing

and That's kind of where we're at is why I brought it forward is it's the my only concern with it being an allowed use is the area because it's still in a residentialish area. That's why I thought the conditional use for it would be better. Yeah. M I got a question, I guess. Um, well, I try to figure out how to ask it, right? You guys keep going. And then I was going to show you the definition of it just so you guys

Yeah, I think I agree that on the conditional use part rather than allowed use. Um, but as we look at this and we think about the other things that could go in that spot as highway service commercial as allowed uses, there's a lot of things that could be right there that really wouldn't fit very well even though it's zone. and far worse. Well, and I have a I don't want to get into that, but next Go ahead. You better go before. Yeah. Um, if it wasn't allowed use in the highway service commercial, would they still have to come in and apply for a CP? They would not at all. They would not. They would do a full development plan. So then they'd have to go through the development plan process. It would still get a chance to come through the system though. Correct.

Yes. But there'd be no opportunity. So if it goes through allowed use and a development plan, you don't really have to come in and once it's approved, you don't really have to come in. Well, what if she sells it and some other business is going to go in there? No opportunity. You might want to have some. Yes. Yeah. There's no public hearing. So how much of that area is zoned highway service? We can pull it up. This this lot backs up to Gualara's back parking lot. And then a house away from this to the north is Valley Corner. Across the street is Croic Brewing. Yep. Plus the um you've got two contractors that have houses to the south of this on the same side.

Yep. Not a lot of equipment, but they do run their businesses out of there. So, and I don't know if they're zone for that or not or just parking their own stuff, you know, but yeah. Uh it it fits that lower at the north end of Evans Lane quite well in my opinion. So plus if you saw the house before they started working on it. Yeah. Here's your was an old moved in house from the 65 flood flooding rapid all over again. Here's your zoning layer. So the house directly next to it is residential. This is the lot in question. So it's but it's already been zoned commercial. This one has but the direct adjacent one is is residential.

So these are all commercial. The purple area is all commercial. Okay. Any other questions? This is again anformational meeting and right now we're just talking about the ordinance change.

Yeah. And this is the definition that I felt fit what she wanted to do. It's establishments engaged in selling products, goods, or merchandise to the general public for personal or household consumption and establishments engaged in providing services or entertainment to the general public including eating, hotels, motel, repair shops, indoor amusement, coffee services, health, professional, educational, and social services, which is kind of right in line with what she is going to be doing, which you'll hear about in the next application. So the two questions we have then are is should retail trade and sales be allowed in highway service commercial and then should it be an allowed use or conditional use? Yes. So any thoughts on that? Anybody have any

should be allowed but not an allowed use. Conditional use it condition. I would say that. Okay. So it's definitely going to be an improvement when you look at the building it's next to. Yeah. Yeah. I mean, I'm thinking of even the the residential homeowner. At least it's going to be a cleaned up area within decent looking building. They kind of have a buffer now from Yeah. They could have done a lot worse things. Plus, it increase their value. Okay. Just saying increases their value. Yeah. If you guys are okay with it then is we would go forward with the regular process. So, we'll have to do a public hearing and all of that stuff and then we have to do a first and second reading in front of the board of adjust. No,

not yet. County commission. But I always have to think about it. County commission. Um and then so we would do that process. We will do it administratively though. So there will be no fee attached to it if you are okay with that. So that's what that one is. That that makes sense. Okay. So public hearing for that will be on May 7. Yes. Okay. Now let's go to CU501.

All right. So this one is the actual conditional use permit. So like I said, she's going to run these through simultaneously. you would not be able to approve the conditional use permit until such time usually we have by the time you get through the end if you decide to approve it you would approve with the condition that the changes only take effect that's normally the language that we've used in the past but we're going to run them through simultaneously um so this is for root wellness see won't you be the applicant for I will the first one y we'll switch it y

um and then you kind of saw location already, but basically she's asking for that retail sa sales in conjunction with wellness, professional, and educational services. That's what'll be inside the building. Um, and then she put together a whole application for you. She will be the one running it and and owning that. Um, I'm not going to read through this. I think you guys can, but she did a very nice job of putting a business plan together and showing what she wants to do, how she wants to do it, what's all going to be in there. um you know, yoga offices, occupational therapy, classes, education, some limited retail, therapeutic materials, um the garden, and the play space in the back because there's a nice yard in there. So, that's kind of it's all-encompassing how it's going to do. She has her written summary in here. Um it's pretty easy because you already have an existing structure. You have a existing water and sewer already intact. Uh, so she's not having to start from scratch with any of that stuff. Um, I guess I'm not, you know, parking and loading. It's going to be, you know, as people are coming into the building to for their appointments basically. And that's no different than a lot of the buildings that are up and down Evans Lane right now.

Okay. Any thoughts or discussion? Um, I don't have anything else. The applicant is here though.

Have anything else? Um no I any questions about the type of business? It's mostly service um therapy and a small retail piece and the language fit nicely under that. Um the house is under the housing property is under contract in mile construction. and they have everything just um up to code and it's a completely different structure than what's even still on Google Maps. Um and um yeah, establish alone is an established business in Spearfish the last almost eight years. So it' be taking that business just into a new space and then having some professional office space available for hours.

Okay. How much parking is there available on this part? Um there right now um is just a couple of spots. Um, and we when I think I was mistaken because I guess that we will go through the city what you said earlier and I was we won't we won't be approving the parking plan. It'll come as part of the city building permit

but there is quite a bit of space in the front because there's Evans Lane and then there's um, you know, it's recessed a little bit and then there's room on the sides. It's quite a large lot. Um and so um we're hoping to have four to six slots there. There is a lot of room in the back like if we had to have a lot more which I think we don't because we'll want to have that space um for therapeutic garden. So if you see in the plan here she has the spots on here. That's what I have up. So she has one, two, three parking spots with two ADA spots and then two spots here, which for the square footage of that building, it's probably going to meet their parking requirements.

And they're a 5 by8 I6, which is a standard sized parking space. Three dimensional 16 I think they no pickups. And then this is the square footage is based on the use too. So it's not just square footage. They're going to also look at what is the type of business in there.

Makes sense to me. So you you're on the spearfish buying zone too. So we do our part and then it and then all she'll come in for her building permit and and permit for the building. It won't go to the spearish planning but it won't just building part. Okay. All right. Because this is in our joint joint jurisdictionary. That's that's where I'm sometimes. Yeah. I'm a little confused on that part of it too with parking. Isn't that part of the caving having enough adequate parking? No, it just says that you'll meet the requirements set out in the ordinance. And since it's not our ordinance that it's following for building permit, it'll go through the city. Okay. Yeah.

So if it's outside of the city, we would be concerned about operating spaces. Um within the one mile or or you could as long It just says the conditional use permit usually just states that before we can issue a building permit, they have to meet the parking requirements. You guys don't usually approve the parking requirements. Okay. because it would be a part of their when they do their building permit, they're going to come in and they're going to show us what they're doing with the building, what the square footages are. So, you guys usually wouldn't see detailed plans yet at this phase. That's why the general condition has always been you will be required to meet the parking requirements. Okay. Thank you. Yep.

But I can tell you based on our parking requirements, this would be enough spots if that helps. So, where's the staff park though been? Because you've got you've mentioned two offices, you've got a yoga studio, you've got So, it would seem like the staff would almost take up those parking spots. Yeah. Along the side, um there's there's more room for staff parking if we needed. Um it's Have you got like a Google picture of this? No, I It's like downtown Spish the employees use up all the parking. Yeah.

I I was just thinking um I have background so I was just thinking in terms of the staff and and and you know we always had to we always had to park way away from where the clients would come or the patient and ride your bike. Yeah. Yeah. Shuttle bus or something. Yeah. Here's the image. Yeah. You're going to have parking here, parking here. You could easily add parking here because this is all a parking lot back behind here too, which is water haring area. This is the structure, but you could easily add parking here. Okay. All kinds of room. Yeah. Just be like the FEMA employees and teleport in. Yeah. Okay. probably

um you know the the vast majority of it is appointment based and you know um and like you said maybe the classes where have more it's a very it's not a large space um you know six to eight people not like giant and it appears that that's not our jurisdiction anyway I'm just curious yeah it's a good question anything We'll set the public hearing for May 7th. Oh, does anybody want an on-site visit? Don't mind me that public hearing May 7th then.

All right. Informational meeting for Lawrence County ordinance 26. All right. Here is your packet. Um, there's an a list in there of what you need to do and who need to send it to you. There's your sign. You get put it up front. Eric hasn't defined his boundary over here. Okay.

All right.

Next ordinance 20262. These were based off of some discussions um that Bruce and I have had and then also there was some discussion at county commission level with um signage specifically two campaign signs. I was able to get these two things done. I have some other stuff that I have to work on but I wasn't able to get it all done before. So that's fine. We'll just keep working on them. But um this was some language that I don't know it was a while ago. Bruce had found this language on something. And this goes along with the discussion we were just having about conditional use permits and allowed uses and ways to kind of have a little bit of leeway. When someone comes in, I can usually look at our list and it's something similar to what's already in there, but it's not actually listed. Is there a way around that? um to kind of help alleviate some of these kind of random hey we need to add this to the list thing. Uh this is language that we have found um in

Stanley County. Can't remember. I think it was a couple different places.

Couple different places but I think Stanley County was the last one I had seen. Um so basically they have added under the district provisions a classification of unlisted uses. So it would be across the board, not individual, across the board in all the uses. In order to ensure that the zoning ordinance will permit all similar uses in each district, the board of adjustment upon its own initiative or upon written application shall determine whether a use not specifically listed as a permitted accessory or conditional use in any of the districts shall be deemed a permitted accessory or conditional use in one or more districts on the basis of similarity to uses specifically listed. So, if someone comes to me and says, "Well, I want to do a retail business." It's listed like this. It's it's a retail business, but it's not specific to occupational therapy. I'm using her as an example,

but we allow um a brewery, you know, it's parking usage, whatever. You're looking at the same similar things. They could make an application to you to say, "Hey, would you make or" or to the board of adjustments saying, "Hey, would you look at this and tell me, is this similar? If it is, can we just run it through as a conditional use instead of having to do an ordinance amendment to add that specific word?" Does that make sense? Because you're looking at like uses within that district basically. So, basically, you're just formalizing the process of deciding if it meets their definitions or not. Well, definitions or or like uses

similar. Yeah. So, right now we just kind of say, "Oh, yeah, that's this." But now we're going to make we're going to actually say, "Okay, is this actually similar?" Right now, I don't do that. Right now, I make them add the word to the ordinance. This would allow it that we could have a little bit of leeway of it's kind of like what's already here. We can go ahead and do it as a it has to be the same. So, if it's listed as a CU and you think it's like that, then they still have to do a C. If it's listed as an allowed use and it's something the same, then they can do it as an allowed use, but the board of adjustment will decide what that is. Does that make sense? Yeah. So, right now, basically, you're deciding if it is or isn't that

and this would make it to the board of adjustments. I if I Yeah. If it's not listed, they have to list it right now. This would give Yeah, I think we I mean we do it sort of intuitively try to look for similarity of use, intensity of use, type of use and so I think we have tended to make them come in and do an amendment and so we won't always get away from that but this again like you said allows there's a formalized process where we can kind of try to make it fit when it makes sense right and and so um I think this is a big change.

Isn't Crow M isn't Crow Peak highway service commercial? It also has a cup to do what it's doing. So if we had this in place, we could look at crop pig and then see this pro item we just took care of and we we could you could have said just have them do a cup. You don't need to add it to you don't have to change the organs to do it.

That's the thought process, man. It won't get away from all the changes, but some things are so similar, but so it's hard to define everything or a nuance of a certain activity that you know it's it's very similar to that, but it's not called that. It doesn't have that name, if that makes sense. And and so why would we make them redo the ordinance or you can kind of interpret it to mean it encompasses a very similar activity again in terms of parking, intensity of use, type of use, that kind of thing.

Mr. Chairman, sorry. But I just thinking so this I understand it's going to put some flexibility in, but it also puts some subjectivity into it. And just I always worry about it just starting down that rabbit hole of just moving the line a little bit more and a little bit more and pretty soon we're we're to the point of almost non-conforming uses uh just by extending it a little bit each time. That's that's my only concern doing this. Whereas if it's written, it's it's pretty objective. Everybody knows what the rules are and and knows what they have to follow. Mr. Chairman, I'm trying to think of a good example. I can't, but so imagine if you had a coffee shop um that wasn't allowed to use. So you had something that was basically the same as a coffee shop. People were pulling up, getting their coffee, leaving. What's that?

A soda. A soda, something very similar, right? But it wasn't a coffee shop. So our ordinance specifically said coffee shop. But then we'd say, well, no, you have to amend the ordinance because you have a soda shop, if that makes sense. Right. It's the same kind of thing. You know, this allows you to interpret it and say it well, it's sort of the same.

And I and I think the reason why I put it in the general district provisions is it gives an option. I think you still have to trust my judgment of I usually know when we're kind of like that. If I think it's kind of like that, I'm going to have it go to the board of adjustment and ask the question. If it's not like that, I'm going to tell them, "No, you need to do an ordinance revision." I still have that ability to do that, but it gives us an extra layer because there are sometimes that it's like, oh my goodness, I'm making them go through this whole process when it's a brewery and a restaurant. It's the same thing. Parking is going to be the same, food intake, all of the things are the same, but it's not listed separately.

So, it's going to be the same board that would decide if they I'm just trying to look at the board of adjustment would also approve. same board of adjustments would approve to change the the ordinance or decide that they're similar. No, Board of Adjustment only approves conditional use permits. Oh, yeah. County commission approves. The county commissioners could approve the ordinance change. Yeah. So, I'm seeing like what Eric is saying, if we just keep moving this down the road, like just keep a little bit more, a little bit more,

but it's going to be a board decision to either change the ordinance or allow the use at the same time. So, they're going to do either if they want to do it, they're going to do either one, it seems like. Yeah. Um,

I think maybe this is for Bruce, but if we adopt this language, we don't necessarily, we're not taking any avenues away from our decision- making or anything we could put in. It just makes a little bit easier if we get one of these unique situations is the way I'm understanding this. Correct.

Yeah. To get I'll think of a better example. So again, along the lines of so you have a a coffee shop or a portable shop where you go get your coffee and you leave, pick up your coffee and go. Okay? And so let's say you have a hot dog shop. So somebody's going to go there and get their hot dog. They're going to go and and so but it doesn't say it doesn't say hot dog shop. It says coffee shop, but it's kind of the same thing. And so we amend the ordinance to say hot dog shop where we can say, well, you know, it's it's kind of generically along that same line as a coffee shop. You can't define everything generically. You have to be specific on some things. It's kind of an art form, right? And I guess we're trying to build in some flexibility there. Uh I think Amber would be very conservative in how she would interpret that and and you're going to see it again either through a cup, you might say, "Well, no, we're not comfortable with that. Uh it's not like enough. We we need to like take a step back and and amend the ordinance." I think that's I think that's already there, right? If we have to um you know, you don't have to adopt this, but uh again, other folks have it. just trying to make things a little bit easier for folks.

Are are we being too when you're saying your examples, for example, they just seem too specific. But that's what we have and and again, I'm I'm new to this whole thing, but what I've seen is that you've added some like you added the um the retail restaurant, whatever it was called, to something a couple of meetings ago. So, you're saying you're trying to avoid having to do that?

Only if it's not something I can relate to. So, if there's already something listed that's related to what they're trying to do, I would use this function. But if it's not like I can't find anything in there that's related to it, they're still going to have to amend the approval process. It's true.

It's only if it's in relation to it. I think the Supreme Court said a couple years ago, uh, well, it's actually been quite a while ago now, this back when Brandon was still the planning zo director that the county had a list, for example, all the particular conditional uses. And so, it's almost impossible to do that. And so, we're trying to build in some flexibility. So, again, if it's a hot dog shop versus a coffee shop, but it's basically the same thing. You know, can we proceed without having to put in hot dog shop one day, coffee shop the next day, and then ice cream shop the following day? Does that make sense? Hamburger, hamburger shop or whatever it it but if you've already got restaurant, retail, whatever, why wouldn't all those things go under that?

Well, it would, but that's only listed in one district. What if someone comes in and they want it in a general commercial district? That's not listed. So, now they're going to have to We just did. Correct. We have to Okay. My example is probably confusing you because it's it right. We would try to make it as generic as we could, but you can't think of all the uses that folks are coming up with. Got it. Right. And again, this isn't required. It have to do it. We present it. We've been sitting on this for a while. Basically, just another tool for us to help move the meetings along more efficiently, I guess, is what the way I'm understanding it, looking at it. and it puts some trust into our staff. Yeah. And Mr. Chair,

we really want to be careful. We're still trying to be aligned with the Supreme Court's opinion about having uses listed, but there's got to be some kind of common sense involved in some of this as well, right? Um, again, there's just an limited number of things that people can come up with. So, I mean, this is a good example for me. 35 and 36 we added a few years ago. micro brewery and distiller. And that was specifically because we had a distiller that wanted to come in and we had a brewery that wanted to go in. But let's say it only said micro brewery, but they want to add a restaurant to that, but it's not listed. So, if they come to me and say, "I want to put a brewery in and I want to serve food." We we said they can have a brewery, but we didn't say they could have food. The new tool would allow me to say, "Well, there's still parking. They're still inside a structure. They're still providing bathrooms. They're still doing all those things. It would allow me to ask, we allow a brewery. Could we Could I say that they can do a restaurant?

Still go through the cup process. Yes. Because it's listed as a conditional use permit. So, I can't change it from a cup to an allowed use. It has to stay within where it is. But that that's maybe a better idea of saying, "Well, we went through we we do a distiller and we do a micro brewery, but it doesn't say you can do a restaurant. How is that really any different?" Same space, same number of tables. Actually, you need that food in there. Do you? Yeah.

So, but that's that's probably more of what I've looked at as some of that kind of stuff. So that is what this this would be a public hearing if you choose to go forward with it. The two changes are that adding that classification of unlisted uses and then um we went rounds with this campaign sign stuff. So this was what we had come up with our current signage in on premise. there's nothing and we would like to add the word campaign sign would be considered a special special situation with what they can do. This is based off of state law. So Bruce just had me basically we took the state statute but the statute in state law specifically talks to municipalities. There's nothing in it regarding counties. It only talks about municipalities. So, we took the wording, but took out the word municipality, but we're we're being consistent with what's already allowed inside the municipalities. The county laws that we were able to find did not really have it didn't specify to counties. It only specified to municipalities.

Is it true? So, it was kind of weird, but I think it was a couple years ago, the amended sign ordinance, and this is sort of a casualty of that, as I would call it. that sort of got made generic and and so and I think that that was unintentional. Um so again, as Amber pointed out, this language would be consistent with state law that governs only uh campaign signs inside of city limits. So it would mirror that. It wouldn't be inconsistent or confusing for anybody.

And we were trying to because this is what um Brenda had to follow when people would call her about it. Um, it's the it can no later than 10 days prior to the day when absentee voting in a primary or general election begins has to follow the campaign sign to continue to be displayed through election day and then they have to have it removed within five days after. Currently is five. Yeah. And stat.

Yeah. So ours currently says political campaign sites provided the signs are removed within five days after the election. We would put the same wording in. So under on premise and off premise, we would have the same because it shouldn't matter if somebody wants their whoever they're want they want to have them put a sign in their front yard, they can do that. If it's off premise, that would be a good example would be Mike Davies coming up here on the side of the the trailer down there. Same rules would apply. He can have it up. He can have it in that zoning district. It's a private, it's on private property, not in the public rideway because you can't have it in the public rideway. Um, but he still has to meet the regulations, which nowadays it right now it doesn't say anything. They he can put it up. I can't stop it.

Oh, so what you're saying, the one that we saw when we came down here, that couldn't go up until 10 days. If we had this in effect, it would be 10 days prior to the absentee opening. Is it important? I don't think they could have that type of sign because it has to be freestanding. So that's a fixed to something. So this hearkens back to what we're customarily rel to to small yard signs or the 4x8 plywood sheets kind of a thing. And and so it would it would it would it would we're not trying to pick on anybody individually. Um so it's not that but we're trying to get back to customarily what we're all used to. Right. Seems to me the city has a 4 by8 size. Yeah. This 32 square feet. Yeah. And

so that's I thought that our county had that same ordinance. No, it was our ordinance. I think we had that before. Our ordinance used to specify 32 square feet. So we don't have that anymore. We do not because when the regula when the statutes changed for signage and it was a court case, I don't know 10 years ago probably now. The counties were told you cannot regulate signage

content. you can only go by sizes, places, you know, locations, whatever. Well, when we started looking at it, I'm hardressed to say 32 square feet when that's not what the statute says. So, we felt that we should at least follow what the statute said versus having a size, but it does have to be a freestanding. It can't be on like that would not be allowed if this one was in effect. right now it can be because it's not in effect. That's a strictly would be a county situation because statewise correct statewide stations have one on a semi for years on

and that that one's a weird one because I honestly don't even know if our sign regulations would qualify because it's a state highway not a county. Yeah. So that's a whole another a lot of people forget that yes that's in the county but ultimately the state regulations for signage is going to prevail. That's the problem with this one. Somebody okay well I got by with a campaign program and why don't I sell some advertising to somebody. Yeah. And and we have talked to that particular land owner and they're very well aware that it'll be removed within the you know right afterwards. So you could have that size if it's freestanding, but you can't have it on the side of something that can be correct. What difference does that make?

I think so. You don't have a trailer sitting there. Well, I think the idea is is it's going to be sort of self-limiting at some point in how big of a sign you can have uh that's freestanding. Make sense? Um you're going to have to have some infrastructure in place to have that kind of a sign just standing out there in that location when the wind and so forth. Uh right. Yeah. And if you but that's probably why they put it on a a structure like that because of the wind we have right but if you look at our regular ordinance our regular sign ordinance states that you can't have a trailer anyways but this doesn't fall within a regular so let's say they were trying to put non- campaign sign we'll say that advertising

advertising a business we would not allow that it says specifically you cannot use trailers or or if it had a thing saying turn here for or a truck red start road or whatever, you know, because I mean you you couldn't put that sort of thing on there. You just couldn't have a trailer out there. You couldn't have a sign on the side of a trailer. Or I mean, you could have a trailer, but you couldn't have a sign. Correct. Why do we allow for a campaign and not allow for a business because campaign signs are deliberately they're they're different. They're because they're different animal limited in time

and we can't do anything with that because of state regulations. Okay. I think that's what we're trying to do is just to align everything how it used to be, which is also aligned with our other signs, if that makes sense. Right? So, we're not trying to pick on anybody or single anybody out, but we realize that the rules got changed kind of inadvertently. And we have an example of something we've never seen before. And you can certainly allow that if you want, but the idea is probably to go back to how we were, you know, right. Except for the 32 square feet. Yeah. But other than that, we're just saying they can do it. It can be the 10 days and five days and I know that's what Brenda would like to see because that's what is kind of customary when it comes to campaign stuff

and but Mr. Chairman and I think in terms of like trying to create something new that singles anybody out or not again this is based upon what state law is for cities so there's consistency there there's predictability there as well that's not fair Mr. Sure. Wouldn't Bruce whatever ordinance we had if it went as far I mean wouldn't state law prevail over whatever we had to begin with anyway?

Um not necessarily depends. So in this case state law only governs municipalities. So they they allow us I think to you know we're bounded by violating that for example that Supreme Court case about how we would be limiting free speech and that kind of thing. But in other words, you could still regulate it just as long as you're not violating that case. I think sometimes what you're trying to say is if state law occupies a field and if they occupy the field, then you can't usually be more restrictive or maybe in some cases more allow more if if the state occupies the field, but they're only occupying the field in this case. I think with respect to city sites, Mr. chair.

I like both exchanges. I think they both will be beneficial to us in the long run. Okay. This is again anformational meeting. So, is there any other things we would like to see here? I I actually have one other question. So, um because you were talking about state law not superseding what we do. What about covenants? Because in my neighborhood, you can't put a political sign out at all. So, does that mean we have to allow that now? you you enforce covenants. I I just want So covenants can be stricter based in your neighborhood, but you would have to enforce and they can be okay. Yeah. Yeah. Sure.

I think in John I think we verified this covenants are the nature of it's a it's a civil contract between folks and so you're allowed to to govern yourselves more restrictively through those civil covenants. I assume that was the answer, but I just wanted to just leave those to this crazy HOA. Yeah, I I know how I feel about this. put some political signs out. But I don't think the HOA could say that you're allowed to have a 5,000 square foot neon lit campaign sign, right? If it's correct, they can't go. Our rules will supersede. I'm working on the other side having anything at all.

The covenant rules can be more restrictive. People in Miami are too cheap to put up a neon sign out there. Different rules for different Okay. All right. Wow. About all the information we can stand on that subject. Okay. The weed report. Does anybody have any questions about the weed report? The question I have is so do we always get a weed report on on because last time we had a weed report on the two uh land use or the the plat lines. You'll always get them on plat. So we always get them on plants. So since I've got Mr. we board here. Do do you then send letters out to these people? Do you Okay. Yep. So the

finally the two So Ryan Palmer and Dave Peek work for Lawrence County in basic species management. They're the ones that actually go and inspect all the properties and then they will give a report back to that landowner saying, "Hey, this needs to be done. This needs to be done. This needs to work with that directly." Well, and and I do know, Mr. H, because when I first moved out, I told Mr. Tisdale earlier that I unfortunately was on the HOA board because there were only three families out there. You had to have minimum of three and the fir and uh one of my friends actually turned us in as having um Canadian thistle and St. John's wart and it's like

you know so I called Mr. Heck and he actually gave me a reference for somebody to come out and and spray but I never got anything. So did did I call too soon? No. You're only going to see it when you're platting. Okay. So, this is only because it's new plat coming in. If it's just you as the land owner calling him, he's going to tell you, "Hey, this is what you should do." Well, then how do I know though? If if if a if someone complained about our subdivision, you you you got your hand up there. Wouldn't I get notified? Because how would I know if I had Mr. Chair?

So, I think what how Dave has done, he's been very successful now of late with these reports and working with subdivisions and these larger groups of people to self-regulate. So, it's it's it's been a good process, but I think what he tries to do is he'll send a warning letter out. I think if he gets a complaint, and I I can't remember the time frame. He gets so many days, I think, to comply, but then he could issue a more formal um uh an enforcement letter. And so, then you go under enforcement. He tries to avoid that. So, I think he again he works with people, he makes references, have you know, recommendations about chemicals and those kinds of things. So, you don't have an enforcement because once a property goes under enforcement, it can stay there under enforcement for I think for for years at a time, right? And and I guess what I'm saying is I would have liked to have gotten the letter because now there I am with people who have property who don't live here telling them we have to comply and you're respon you know it just would have been nice to have something official from the county.

You would get that now by the way. Okay. Okay. In the past the weed program was not uh very proactive. So this is talking three three years ago. Yeah. There was probably really nothing going on by last year. encouraged to hear that. Sure. It's been about a year and a half probably. All right. Thank you. Sorry, I digress. All right. Final plat for Big Horn LNR Ranch LLC. All right. So, this one is off of well off of Highway 85 out almost to the Tint Road exit off of Highway 85. Um there's a subdivision over here. It's I just blanked it.

Green something.

Green viewates. Green estates. I think that's right. Green view estates is over here. This is across from there. There's three um large parcels in here. They are doing a lot line revision between the parcels. So, there's some HS as their homestead entry survey lots. Um they are more than likely going to sell them and more than likely going to have a subdivision at some time. Uh there has been some back and forth with the Forest Service. We just added another comment yesterday I believe after she talked to you maybe John. Is that why I got the email? So she sent one email with some concerns from the Forest Service and then John had asked me about it and he ended up calling her and then she sent back another email just yesterday and that's also in here. Um the Forest Service has been pretty good about commenting on plats now at least. you know, they won't sign anything, but they'll at least let us know what their concerns are, which is better than what we're getting.

Um, so that's kind of Yeah. Whoops. It's It's past that cross country. Yeah. Past Eagle. Oh, okay. That's trail. The green view. I got you. Okay. It's at the upper entrance of almost it. Just before the old church camp, just before the old There's that church camp and then tight right there on this prior to that go up that steep hill. Yeah. Take a left before pass. Before O'Neal pass. Okay.

So, Green View is here. You're coming this way. Like a $200,000 gate up out there on Green. Yeah. Yeah. Huge fancy gate up. All right.

So, tract three is going to be a 25 acre parcel down here. Then you can see the old underlying. So, you have HS16, HS 540, and HS 518. HS stands for homestead entry survey. There was three different parcels in there. They are changing, you know, the lot lines between all of them. So, you have track two. Let me see if I can pull this up so you can see it. Track two is 4 acres right here, which is going to be on the other side of Highway 85. So, it makes sense to have that kind of as its own lot. That's this one right here. You have um tract three is going to be this parcel right here, which is 25 acres. And then the remainder of all three of those being combined is going to be 422.792 acres. Um it's basically creating a boundary plat is how I would look at it. It's it's encompassing the outer perimeters and then I would expect at some point in time we will see a subdivision trying to be created in there.

Right now is all park forest. Yes, it is all park forest. So she broke it down for you that 452 acres would be a 5 acre average 2acre minimum is about 90 um 90 I don't know what that is 98 for average but I think when you came down to it um the forest service ultimately what I got out of the forest service yes they have concerns there'll have to be something done before subdivision can occur That's kind of the gist of it. Do you have anything to add to that, John?

Uh, yeah. When I talked to forers and we did meet with them several times, their concern is more of the entrance comes in through an easement with the US Forest Service. The parties actually the predecessors to Mr. Linso had entered into basically a perpetual ement with the Forest Service. what the forest service is concerned about or what they want to talk about later if we it goes into the subdivision is a relocation of the easement that is there because it's a hiking trail now but they'll obviously have to be a road put in there and so they just want to make sure that they don't lose their hiking trail rights and stuff or through the word I mean that's not going to be an issue with me, but we're going to probably relocate at some point. So, that was the that's the concern she had.

Um, and you can see in the write up that 422 acres based on the zoning that it is 5 acre lots would be about 84 lots. That's depending. We don't know what they're going to close yet. Um, you'll have to have the one way in, one way out discussion. will have to come in because you're not going to be able to get an alternative access out more than likely from the Forest Service. They've been pretty but we'll have to see. I I I have different thoughts on that because it's a public road comes in and one of the easements they have from prior owners hooks into the public road. So yeah,

I'm not sure how for take that position. Yeah, we don't know for sure. So, that'll just be something that's going to come up. Um, the other thing is, you know, I have not seen engineering plans or any of that yet. We'll we'll get to that point when they come in, but right now this would be considered a boundary plat and a replat because they're changing those original ATS lot lines. They started with three ATS's. They're ending with three lots. So, to me, still the same. Where is I'm sorry, where is 85 on there? I'm having right down here.

Oh, it's just going through. It goes through it. I'm just trying to position because I go out to Eagle Cliffs a lot. So, it's out that way. Just just past the turn 85, right? Yeah. Yeah. Okay. Got it. I guess I've never noticed that. So, that's past So, this is over here somewhere. before before. Okay, we have a motion and a second that this is exempt from the fire plan. Is there discussion on that? Okay, all in favor say I. Same sign. I whatever. Sorry. Yeah,

he doesn't know what he he agreed to now. I seconded that exempt motion. Final plat. Okay, this is final plat only. So, we'd entertain a motion on that to approve. Okay. Oh, god. I'll second it. Discussion. All in favor say I. Same sign. Okay. And then we'll have an opportunity when that comes for subdivision to talk more about the entrances and exits, entrances, exits, fire plan, road profiles, all that good stuff. Yep. All right. And now we have a preliminary and final plot for Golden Reward Mining.

Um, if you remember, this one was brought forward. They did aformational meeting. Um,

I think it was even county commission too if I remember right. Um, and there was some discussion. So, normally I would require a B boundary, not a boundary. They would have to plat they couldn't leave a remainder basically because it's a it's they're only taking a small piece out of the overall, but the county commissioners um and you guys had said that it was okay to allow it in this scenario because it's part of what they're trying to sell to Terry Peak. this is their water source for all their snow making. Um, and so that was part of the agreement that before they started any postclosure stuff or anything like that that they would get the containment pond which is where all their water comes from for snow making. Um, so they went ahead and did a 20 acres around that containment pond with the buildings. um they will leave a remainder and as part of that remainder discussion we added the note that this plat is for transfer purposes only um so that it's basically giving them permission to not plat the remainder because the remainder is still within the golden reward mining operation um and so it's within their old c boundary and they can't actually release any of those lambs until it goes through postclosure so the only thing that um the state has allowed them to release is just the containment pond and the buildings. So that's why this is being platted like it is

only released for the purposes of for reclamation bond. Yeah. Well, the reclamation bond is still in existence for Golden Reward. No, Golden Reward is an old mining company. So they still have their reclamation bond in place with the state. The state has told them it's okay to release this 20 acres just strictly for that. But they can't release any of the other ones. Got it. Yeah. Okay. Thank you. What is this map showing? That's that's the actual mineral survey loads. So all those squares are the mineral survey loads. The blue line is No, that's just showing on our mapping system. Okay.

Amber, this is the one where So they're not being required to plat the remainder, but we're not concerned about that because they're still subject to the state mine permit. And ultimately at the end of all this, there'll be some re I'll call it reorganization or replplatting that will account for the remainder. So, it's just sitting out there for now, but it'll get accounted for later on, and there's no danger of it being developed or used from for some other purpose other than regulated by the mining or that state. Correct.

Yep. And we did the notation that is for transfer purposes only. And down here, we required them to give us a it's an acreage table that shows exactly how much is being platted and how much is remaining because the deeds or the equalization office has to be able to separate that acreage for, you know, where it gets transferred to. So, they had to do the acreage table. So, we had that on there. Mr. Does this have any bearing on any liability issues as far as contamination or anything like that down the road that would change anything?

No, the state would is the state has allowed this to be used for snow making for years because of the way that it's done. It's fine. They they're they're allowing it to be let go. But the state will continue to regulate the water and things like that. I yeah they're still under the same reclamation bond process like for water. Isn't Terry Peak under the ownership of Golden Reward? They're a partial liability still there. Okay. Yep. I don't think it's going to end up being a broom or anything like that. So I think there's just sufficient safe periods in place for this not do that. What's a broom? It's a B mining company. Oh. Oh, you're referring to a different mining.

That's the name of a problem. Yeah. Okay. Never mind. The state currently owns it. I was just curious on that if if any decision that we made would screw around with any liability issues as far as if they found god knows what. Mr. Chairman, I think um the state is very aware of this process and you haven't heard anything from them Amber adverse to the platting of this according No, they actually released it already. We'll make a motion to approve preliminary. Preliminary. I'll second. Okay. Discussion. All in favor say I.

Post. Same sign. Okay. And now the final move to approve final. Second. Okay. Discussion. All in favor say I. Post. Same sign. Carries. You indeed you that one. Yeah. All right. items from planning and zoning board members. Well, I like the part where I can have more opportunity for my hot dog stand. Thank you. I knew you. So, we're gonna hear from you soon, right? Coney Island Hot Dogs. Hey, that's a good name.

Yeah. Amber, has there been any recent discussion on redoing the ETJ because it is NMS? No. What's the ETJ? We have an old extr territorial jurisdiction ordinance, which is specifically what they have to follow for platting within that joint powers area. It's from the 1980s. It's very old. Is it true? and the city follows it very strictly and it doesn't do anybody any good having it the way it is. We need to get working on it.

I've tried multiple times. We I know that they have a draft document, but the last I heard is because of whatever was transpiring with the city and redoing something. They didn't want to touch our document till that was completed. Well, that's kind of been blessed. I don't know if the council's blessed all the yet, but yeah, I'll I'll visit. That's the last I that's the last update I have. I don't want to throw you under the bus, so I'm going to talk to Peter. Yeah, I have not had any It's ridiculous. I have not had any discussion with the new I have not even met the new planning person. You're gonna like him.

So, I haven't met him. I don't I haven't had a discussion with them. Sounds Oh, yeah. He's a good guy. Oh, he is. Okay. Yeah, I thought he was being sarcastic for a minute. He refers to the the the uh residents of this county as customers and he says, "My thing, everything I do is let's figure out how to do it. Let's just do it right." Good deal. and and that's so reversed from what we

I can tell you plat reviews at least recently in the last three weeks um I get notification you know when they want me to look at a plat that's inside that jurisdiction I'm actually getting a response when I make a comment so I mean that's good because for the longest time I wouldn't even get that so it that's been good the people under them are are talented the I can't say her I don't know how to say her name. No. Yeah. Whatever. I don't It's a really long

It seems that like the response time is a lot more timely that I've noticed in the last three weeks or so. That's the plan. Bruce, you so I think I've been around since 1998. So predating me, there used to be an ETJ board allowed by state law that and maybe you were you on it, Greg? I was on it.

And so he can tell you more than I can, but it was a combination of county and city folks and I think they would meet it was like a joint zoning board and they would they would apply this ETJ ordinance. Um I I I don't know exactly why the ETJ dissolved, but the board that would apply the ordinance no longer exists, but we still have the ordinance that applies in that extr territorial jurisdiction area. Um and and so and it hasn't been touched, I don't think, since again since 1998. And and so there there's a question about the applicability of it. If you don't have the board to enforcement, can you have that same ordinance? Is it still in effect? I don't know. and and in the past uh they've kind of ignored it and

kind of worked around it and things, but with the new folks in there, they don't know the difference of what we did in the past because everybody's new and so they're they're enforcing it. Yeah. It was a deal where we sat in the old city hall in Spurfish and ETJ sat here, city council was here, and the county commissioners are here and we had to balance them and get something done. It was interesting. that started the late 70s, early 80s. So, yeah, it was right after zoning came into place here. I know there's frustration with it because I get calls from two local surveyors frequently. Um um not that I can tell you who they are,

but you can imagine. And uh I guess just to as a as a grievance procedure, I I listen to their grievances. Um and uh yeah they they are quite agreed and I know Amber's been working with staff going back to Jana. So this is probably what five years ago now almost there's been so many so much change over with spearfishes planning and zoning that it kind of it keeps getting kicked down the road because of other projects and then the turnover there. So we've been trying to chase this now for quite a while.

One of the big things is that's pain is in it. It says you have to have a 100 foot wide uh public biblically dedicated rightway. Most things is are 66 feet and they want the additional on each half on each side going into private property and for no use. I mean it stops at the city, widens up and hit ETJ and then narrows back down again

and they're sticking to it. I mean it's not good. they they're they are and another example is there's an example of like sort of let's say the Mland road where a portion of Mland road there's uh city city is annexed on both sides of it but the city has never taken on any portion of the road and so um when when there's a a plaque to be done um the city has platting authority but they defer to the county the road jurisdiction and so but at the same time the city is requiring this additional rightway way pursuant to its rules alongside of a county road. The county is has no need or is not requesting any of this additional right away. Does make sense? And so, but the city's persistent and then it raises a real question of of well, you basically have to uh give this land up uh dedicate it to the city there, you know. So, the question is it a taking because there's no compensation for it. um you have to do it in order to get your plat approved, but from a county perspective, there's this there's this right of way out there that who's responsible for it because uh the county is never going to need it. And and so I think our argument is is that the city is is approving the plat is then holding the property that extra property in trust

um with if they ever use it, if ever. But again, so it raises the question of who's responsible for mowing it, spraying weeds on it, uh because the landowner's probably not terribly interested in that at that point. Maybe because it's adjacent to their property, but like you took it from me, you figure it out, right? And and so that's an ongoing problem of from the county's perspective. Is that fair to everybody? Makes sense. Oh yeah. And the homeowners have 10 acres. They want to split it up for a couple of their kids and minimum is five acres. This takes just enough. So, yeah, they've been allowing it to be less than five, but yeah, it Yeah, it's it needs fixed

and and we did have a draft our our proposal. I know it's somewhere at the city because I read it from the previous planning director.

Yeah. that had basically we had come to some sort of a where we had like a boundary kind of anything directly adjacent to city limits would follow city standards. Anything um that they couldn't get water or sewer to, you know, because there's so they know kind of where that boundary is, that could follow county subdivision standards. And that was like a very basic clean way to do it. And we weren't going to recreate a whole set of standards. We were just going to say if you're within this distance, you have to follow city. If you're within this distance, you have to follow county. M Kevin was there and then he and the mayor were agreeing with that boundary and they kind of looked at it as that boundary, but that's never officially been changed. So now

the boundary has been changed officially. Oh, it has officially. Okay. Yeah, the official map is up in both city and county. The maps are up. We got that approved, but we didn't get the ordinance. The rules didn't change the map. the map. We got the map changed and city of Spearfish adopted it and we adopted it. So, the map is different than the old ETJ map. The only thing that did not get updated was the actual ordinance and I know Kevin had a draft because him and I went through it. Okay. It's somewhere. I just don't know where. Uh agreement with between the city and the council regarding the jurisdiction. That's what we want to do because we have an agreement in place. It's just it re it references

hasn't been in the past. Yeah. It references this 1980s ordinance. So we literally we could at any point in time if they want me to do it, I will do it. But I kept being told no, it has to come from the city. But if you got a map that says that, why can't you just write an agreement that imports with it that you did that if you agree to it?

They've been through so many changes. They haven't had anybody want to stick on this on yet. Now Peter's there for a while. I think he's going to do well for the city and for the community. And uh and now that the city administrator stuff's kind of settled down. Uh he's taking control of engineering and a few other things which is engineering needs control. Who's that? Peter Peter Laki. These in new planning and zoning are new. There's a special name fancy name development thing or other. Yeah. But uh a4 million dollars package. Well, it's yet to be determined.

That's defense surfish if they want to pay for that. But yeah, so I know it's out there. We had a pretty clear and concise like Kevin and I did of what we wanted to see. I just don't know what happened. Okay. So if he looks through records, I would assume he'll find he allows me to stir the public the draft for sure. Okay. Any other anything else from anybody concerns, hopes, aspirations?

I'm wondering if it's getting close to maybe being the right time to approach this new planning and zoning director and see if we could make a some sort of a committee to maybe try to get this stuff combined or maybe start stuff. Well, as far as the ETJ and you know to try to maybe start working through this, they've already done it. Yeah, it's done. It's just it we already did it. Well, it's got to get it out so we look at it and vote on it. Okay.

The I think really if he is if he can find Kevin's draft and tweaks it how you know maybe we both I think the intention that Kevin had before he left was he would take the draft to the city planning commission. I would bring the draft to you guys. You guys would talk amongst yourselves and decide what you like about it or what you don't. Then him and I could come back together, you know, to kind of bring in all of those concerns and then we would have a workable draft. But it just never got to that point. And then hopefully this new guy's good. We're actually close. He's had enough other problems to deal with that. Yeah. Rather than open this up. Sure.

Maybe an idea is I'd like to meet him too. Um maybe we could invite him to the May planning and zoning meeting here and have him introduce himself. I I don't know. It's just an idea. Uh yeah, I can email him. Might be a horrible idea, but I don't mind if I know. Okay. Screwed up before. Well, it's not like it's going to make it any worse than it already is. It's kind of a mess to navigate right now. I know things relations have gotten a little better. We had some stubborn people aren't on our end of things and they had them on their end of things and that's all kind of planning.

Well, hopefully they'll get settled and get some people that'll stay and everything working. So, all right. Anything else? Okay. Public comment. Mr. Roer still open, Mr. Yes, sir. No more. He needs a ride home. Oh, you need a ride back to I do. Uh, next meeting, Thursday, May 7th at 1:30 p.m. Good. Meeting adjourned.