Planning & Zoning Board - Regular Meeting

This conference will now be recorded.

All right, we'll do that. Well, we have to, I think we probably have to appoint somebody first before to lead the meeting.

I think the secretary has to call a meeting to order and appoint somebody.

Yeah, that's right. So that's new. You're the secretary. You want to call a meeting to order and then we'll...

I will. At 1.34, we will call a meeting to order. So we have to appoint someone to lead the meeting?

Will you call the meeting to order? We'll do the Pledge of Allegiance, and then if we follow the process, I think we can move that way.

Blake, will you lead it to the Pledge, please?

I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

So then I think we would just need to, chairman for today. Is that how you would work? I think so. President for today? President, vice president.

Somebody lead the meeting, which just seems to me like it should be the secretary, because that's the highest ranking officer. Is that a motion? Yes, it is. I'd second that. Okay, we have a motion and a second.

All in favor, signify by saying aye. Aye. All opposed, same sign. Motion carries.

Okay, and then we would have to appoint someone else to be secretary because he can't sign in both spots on the plans.

Well, I moved Mike to be secretary. He was wanting to sign them already. Yeah. Okay.

I would have a motion and a second to appoint Mike as secretary for this meeting. All in favor signify by saying aye. Aye. All in favor say aye. I need to take notes.

Nope, you don't have to. She's going to actually write it. You just have to be able to sign plaques in a little while.

That's it.

Let's see, who am I?

It has to be Michael, not Mike.

Okay, approval of minutes of the May 7th, 2026. Second. Any discussion? Okay, motion and second. All in favor signify by saying aye. Aye. All in favor, same sign. Motion carried. Approval of the agenda. Are there any changes? No changes. Second. Motion to second, all in favor signify by saying aye. Aye. All opposed? And lastly, conflicts of interest. Down here. Yep, I'm good. Good, all right. All right, first item on the agenda, informational meeting, ordinance 26-02.

So we have, 2602 is the ordinance that, if you remember last time, we had a discussion on that, We had combined two ordinances together. You guys had asked us to go ahead and separate them. So that's what we did. So this would just be an informational meeting on ordinance 2602, which is specifically the campaign sign language. And it's making me start all over here. So go ahead. So it's, we didn't change the language. It was just separating them out.

Separate them out.

Yep.

And I don't remember from our discussion, I remember we talked about freestanding. Does that include vehicles? So I was thinking about, what about a magnetic sign on a vehicle?

So specifically in our ordinance, there's a section on trailers per se.

You found a definition, didn't you?

Yeah, just for the trailers, but there isn't one specifically related to that, I guess. I wouldn't consider that freestanding because it's a movable vehicle. But like if they park, so I always look at it that they park a vehicle somewhere and put a sign on it and then the vehicle stays there all day long. If it's in a parking lot, I'm not going to say anything, but if it's sitting along the highway, we meet the same standards as any other, because that's a billboard versus, you know what I mean?

So that's how we differentiate usually.

So since like the one thing we've looked at is trailers, it specifies in our ordinance that a trailer cannot be used as a billboard. So that part would go away. So it says that somewhere else. It does in a separate, and not in this part, it's in a separate thing. And so I think now by adding this language, because it's specific to campaigning, that's what's going to differentiate a signed part.

Right.

So I think freestanding would be, you know, poles in the ground, freestanding. I don't think a car would be considered freestanding.

So somewhat permanent.

Yeah. Yep. Actually, I looked at, since the idea was to make our ordinance the same as the state ordinance. It's the statute specifically. Right, the statute. But when you go back in codified law 9-30-3.1 of the South Dakota legislature, the term freestanding has a different definition than our definition. It says, it refers to an object or structure that's self-supporting and not attached, and not attached to a building like ours, wall, or other permanent structure. And I'm just wondering why did we take wall and other permanent structure out because that might impact fences.

We didn't change the definition. The definition is what it always was.

No, that's the definition for the county, but since we're going with the definition.

That wasn't what we were doing. We're not defining it. We're just adding this language into the ordinance. We're not changing the definition.

So I just think it's not going to be clear in the future.

So you'd rather have the definitions be the same, is what you're saying?

Well, I'm just thinking, and maybe it doesn't matter one way or the other, but I'm just thinking, I think the trailer issue you got covered with... Because of the other ordinance. Yeah. But half the signs I saw were on walls or fences or things like that. And so if we're talking freestanding, that means in the ground by itself with poles, whatever. It's just odd to say and not attached to any building when the state says wall and permanent structure.

I would not agree with that because this wording that we're putting in here, which is where you're seeing it, it says means a freestanding object identifying an urgent person to vote for or against a particular ballot question. That is not saying a freestanding sign.

Right. But that's what we've got here for the purposes of this section. It means a freestanding object identifying, I mean, that's what the state says too, freestanding object. Right, but you're trying to- I'm actually not trying to be a- No, I know you're not. I want to make sure that in the future it's really clear because It can come up, and I don't know if this is the place and time to resolve it or if you do it some other mechanism, but I think it's not clear. Freestanding to most people is if you'd stop there, but that isn't what happened in the last election.

So for one, you can't compare to what happened last time because we didn't have any ordinances to look at anyways. Right.

So this would be from this point forward. I'm looking at what the trend or pattern happens to be that we're trying to correct.

I don't think we're trying to correct anything. I think we're just trying to have something to, when someone calls me to say what can I do, right now I don't have anything to tell them.

But can you bring our freestanding definition back up, please?

Yeah, but two different things, keep in mind. This right here, campaign signs, it is specifically for the purposes of this section only. So I'm not going to go look at our sign definition to do this. Because this is saying this campaign for campaign signs specifically, this is what we're going to follow. I'm not going to go look at our regular sign regulations.

Right.

Does that make sense? It does. So keep that in mind. That's where that freestanding object, I'm not going to go look at freestanding sign regulations to tell people this.

Which means if somebody puts it on a fence, it's not freestanding.

It is, I think.

I think it would be.

A building's freestanding.

Well, this says we can't put it on a building.

You know, we're not looking to get into the sign regulating business like that, really, right? I'm just thinking out loud. If we got a complaint about somebody having to sign on a barbed wire fence, I don't think we would get you wound up about that, right?

It wasn't barbed wire fences. It's fences that are around buildings that are, yes, they're semi-permanent, you'd say, but they're not going down when the campaign's over.

But I think that's the difference. We're saying now when someone calls and says, when do I have to take the sign down? This tells them when they have to take the sign down. That's what I'm trying to fix. And that's important. Yeah, that's what I'm trying to fix because that was the issue is people had concerns of when they went up and they had concerns of when they went down. Well, I had no definition to say when they could go up and when they could go down. So the sole purpose is this. Other than that, I am not going to go tell a campaigning person, you can't have a sign up as long as 10 days, seven days. I think that's kind of what our ultimate goal was.

It's not in the right of way.

It's not in the right of way. It's not causing, you know, like if someone puts it somewhere that you can't see around it, well, that's a totally different thing.

I guess I don't see the point of them having three standing in there. You would just say campaign sign, you know, is a sign that identifies and urges a person to vote. But anyway. Well, I'm only bringing it up because I'm, and I don't have, I don't have a legal background. Right.

But I don't understand where you're saying a freestanding sign. It doesn't say that. No, it doesn't.

I'm saying the fact that you call it a freestanding object. Anyway, I've stated that I think you might have problems in the future. And if you're not concerned about it, then. I don't think we do because in this purpose, this is the statute.

So this wording is from the statute. This is the campaign signed statute by state law. Not the definition. You're looking at definition. I'm not defining anything. We're saying you can do it based on statute. And this wording is exactly what statute says.

So you're taking a statute from, but you're not taking the definition that goes with that original statute.

I don't think that definition goes with it. You're looking at a sign definition. This is not a sign definition. This is just stating when they can put it up and put it down.

I move to send a public hearing for July 6th.

Yeah, we can look at it, but I think we'll be fine.

Okay, we have a motion and a second. Further discussion? Hearing none, all in favor, same thought, make same aye. Aye. All opposed, same sign. Okay. Excuse me. Oh, you're fine. Okay. Informational meeting for a change of zoning number 373.

So this one is a change of zoning application 373 for KR 61 Acres LLC. This is a property that Deer Mountain Village purchased. And just like they've done with some of the other ones that they've purchased in order to bring it into compliance for to match the rest of the development. We've asked them to do a change of zoning to a planned unit development, which is the same as the other properties up there to keep it consistent. So they would like to do that with this one. And Randy is here. I think you're going to, do you want to talk about a little bit Randy or not? Yeah. Randy is working on them with this. You guys have the full packet of information. This is just an informational today. So you're not making any decisions or anything. You're just kind of being able to review them. And if you want to add anything else, tell me which.

Well, there's a couple of key points here. Once we do, if the rezoning is passed, then we modify the development agreement with the county. And that development agreement now includes the water agreement with the sanitary district, which allows for 200 total taps under the current agreement. And 10 of those taps were initially dedicated to the clubhouse. and they believe three more will be dedicated to the clubhouse. There's a clause in that agreement that says that it's reevaluated once the clubhouse is built and the pool and other things we anticipate will be 13. So basically we have 187 taps and that's really important because it leads to how many lots you can have. So what we're doing here is currently we have about 380 acres of green space. and the rest we have on proposed preliminary plats. So we're bringing in 61 acres, which was originally six mineral surveys that was parked for us, which would allow 12 block density. And we're bringing it into the PUD zoning district. And the 61 acres was annexed into the water district.

So they're falling under that same 187 taps. I know this is a little complicated, but trying to keep the density issue

at a true discussion. Part of the submittal for the rezone shows the highest density use of the property. And that's one of your exhibits here that shows lots 220 through 241, which is 21 lots. So in this area, we would be having an increase of nine lots over the 12 that we originally would have. But what we're doing also, is we're erasing the 12 lot rights we have to develop this property because we're limited by the 187 water taps. So we're adding 60 acres to the development and we're not increasing overall density because we're limited by water taps. If we did want to increase that density, we'd have to come back to the sanitary district and the county to increase that density. So basically we're going to end up with 61 more acres of green space

or we're going to have larger lots where we have the one acre lots, they will become larger. We've done some consolidation already in about five.

But this graphic just shows the, if we went to the highest use of the land, that's what it would be. And that's what it's trying to portray. And you'll notice that we're not asking for any exceptions on this currently. That's not at this meeting, but we're meeting the two acre minimum for settings. So that's important. So in summary, This is in the water district. We want to bring it into our major plan. We'll update the master plan and we'll update the development agreement if the zoning is passed. That's chronological. And so that's what we're doing here.

We did this about four years ago, probably, where we did that other chunk three years ago. 120 acres. Yeah, we did a similar thing. So we looked at the process we used that time and we're following that same. procedure with this one.

So there's a total number of lots with the original PUD, is that correct? With the original preliminary plans. Preliminary plans, yeah. And the master plan. Right. And so by adding the other 67 acres, does it change that, the total density for the master plan?

61 acres? Yes, or 61 acres, yeah. It could display more lots, but we wouldn't be allowed to

Because of the master plan. Okay, that's right. We're going to differentiate between the master plan and the water hookups.

Yeah, because they're tied to the water hookups because they only have so much water, no matter how many acreages, or they could put an additional well if they really wanted to, but the water is kind of the key.

And at the demarcation where we receive the water, we don't have that water available yet, so we'd have to look at branching the district first.

But even if you did get the water, you'd have to amend the master

Yeah, we have to amend everything. The county's still got a seat at the table. Right. Yeah. That's probably the most important thing.

So this is just informational. We have, so the process will be the change of zoning, kind of, we have to know if we have that before we can come forward with the master plan stuff. So we kind of have to do maybe simultaneously, but we'll have to see. We could do them back to back and then do one contingent on another like you guys have done before. But this is just the very beginning of it. You'll see it alive the next couple months. Did you have any other specific questions? Not really.

Is there a time constraint here at all that might affect how the process goes?

If we stay on the current, the process that we have, the rezoning would take effect in September. What we would most likely do is after our meeting next month, the July meeting with this group, we would prepare the master plan and development agreement and run that in August.

It should be about, I think we figured everything, if simultaneously it kind of works, it would be probably last meeting in September, beginning of October, because you have that 30-day wait period in there for changes on things. You have to wait 30 days for it to take effect. So more than likely your master plan and your develop an agreement would be approved with contingency that the changes only become effective.

And we would probably have our pulmonary plat right, riding with that. Because then you're going to have the level of detail on all the design. Yeah. So by the end of the zoning being official, we'd have all the detail out. That's our plan so that, so we don't lose the whole season for construction. Yeah.

Okay. So we would just schedule this one for public hearing at the July 2nd meeting is what we would need. Platt, you guys had your David Heck plan in here.

Senator, do you have a motion to do that?

Does that public hearing?

No, we usually just do it.

Yes, that one right there is yours. And then do we have a packet? I thought you were going to hang out for a while.

Oh, I do. I've got a plan. I just want to make sure I have it. I'm getting old and forgetful.

Yeah, your sign is there.

Have they had any discussions about the leak? All right.

So, weed report's already in here. Unless you guys had any questions on that, I don't have anything.

I did, but it's going to get answered soon.

Okay. Do you want to go through it?

Yep. Data number four, final plat for Diane M. Revocable Living Trust.

Have at it. I'll let you guys talk about this one. I don't know if you want to go through it.

All right. So we had a construction easement on the Rousaw Lake in 2000, where we moved the fence back off the property. Then we were approached here a couple of years by Ms. Van Patten to move the fence back on boundary. So we We're in the process of getting it, having a surveyor come so he could mark our corners. And when he was doing the survey of the original deed in 1937, it put the property up in the timber, which wasn't around the lake. So then that property was then given to Lawrence County. or it was deeded to Lawrence County in 1937. Lawrence County deeded it to us in 1961.

Will you state this since we're only recording who you are?

Sure. Tyrell with South Dakota Game, Fish and Parks.

Mike Klosowski with Game, Fish and Parks. We're both out of the Rapid City office. Thanks.

Sorry about that.

That's okay.

So basically the old deed was in meets and bounds and they wouldn't accept that. They accepted it for us to give the timber property, which was already in the deed, to Ms. Van Patten, but for us to get the property deeded correctly, we had to do a plat. So we had our surveyor plat it, and we're just bringing it to you guys for approval.

In the end, we're basically just making sure that our property is surveyed, and then we're putting a fence out there to get it on the boundary because it is open to the public and sometimes you have some folks that end up walking off if there's not a defined fence or signage and make sure that Ms. Patton has her property free and clear so there isn't any issues later on if she decides to do something else with the property. So pretty straightforward and yeah, 1937. I don't know if you remember that time or not.

Most of the 30s are a little cloudy too. A little cloudy too? Yeah, me too.

So this is just a final plot. We did not require a preliminary in this sense because it was actually, we wouldn't accept a meets and bounds description anyway. So this just gets it where we actually have it defined. Yeah, we aren't going to do a fire plan or anything on it.

Second. Okay, we have a motion and a second for exemption. Is there any discussion? Hearing none, all in favor signify by saying aye. Aye. All opposed, same sign. Motion carried.

And this one is just a final plat.

Move to approve final plat.

Second. Motion to second. All in favor signify by saying aye. Aye. All opposed, same sign. Motion carries.

And thank you, gentlemen.

The county appreciates your due diligence.

Yeah.

It's one of those things that We don't plan on what happens occasionally.

Yeah, no problem. You're welcome. We'll work through it. Are you guys paying taxes on the timber? I don't know if I'm good. I got to go. I don't know. I'm not quite sure. Dean Fisher Parks does pay taxes on all of their team production areas, just like any other person would. But in this situation, I don't know. That's a great question. You value it differently.

Yeah, yeah. All right, we have a final plan for Jay and Stephanie.

Thank you.

Okay, so this one is combining two lots together. So they own lot 25 and 26. It is combining them both into 25, pretty straightforward for this one.

Second. Okay, we have a motion and a second to rule that is exempt from the discussion. Hearing none, all in favor signify by saying aye. Aye. Aye, all opposed, same sign. Motion carries. Move to approve the final plat. Second. We have a motion and a second to approve the final plat. All in favor signify by saying aye. Aye. Aye. All opposed, same sign. Motion carries. Preliminary plat and final plat for Gregory Persovich.

Okay, so this one is for lots 4A, 4B, and 5A, forming lots four and five. So they are trying to subdivide one of them. They're still, it's, are all 10 acre lots. So it's 10, 10, 10. Meets our requirements for everything. Get to the right one here.

Do I have a chance to look this up? Where is this location?

Sigstad and Gibson. Yeah, it's like out off of, well, not even Nemo.

It's right up the intersection of Sixth Street Road and Elk Creek Road.

Yeah, Elk Creek.

Is this his house right at the end of Gibson's?

Used to be.

Okay.

Yes. That was the driveway going into the big house.

When we took the bus tour and getting rid of long driveways off County. Right there, okay.

So it currently is two lots dividing it into three. So it's three 10 acre parcels. There's a shared driveway easement being vacated on this flat and then they're moving it over so it goes down the property line.

Should there be a motion on exemption?

This one, they had a fire plan with it. There's not much that has to be done.

I was concerned from the Forest Service about not having a right-of-way through there.

We always put it in the comments so the landowners are aware of it.

But it doesn't need to be in the motion.

We haven't in the past, right? We've just made sure that they They know that because they will have to work with them sooner or later or find alternative access.

Sneak over there every time. Where is the public access road? Or the private access road? It's right here, coming down this, and then there's a cul-de-sac there. Okay.

So it'll come down and then the cul-de-sac basically reaches all three of the lots. The Forest Service just sent an email that basically said, coming into it, they're crossing Forest Service. Because it's certainly by Forest Service.

Yeah. So. And Ypsilanti Road, that's where you access Forest Service on the backside.

As far as I know, yeah.

Yeah.

Yeah, because it's Forest Service all the way around it, so no matter how you get to it, you're going to be crossing Forest Service grounds. They just always kind of make sure everybody's aware of it, that, hey, you're crossing Forest Service ground. If they change your access or whatever, it could happen.

Might have been walking.

They could change it.

Yeah, that's the deal. If you're changing access, . Yeah, yeah. Take a special use permit, which can be . You can hear from Travis.

Yeah, he's not coming.

Any further discussion?

to approve the preliminary and final plan.

Second. All right, we have a motion and a second to approve the preliminary and final plan for discussion. Hearing none, all in favor signify by saying aye. Aye. All opposed, same sign. Motion carries. We have a plan. Sorry about that. You're closer than most people get.

A lot worse.

Okay. So this is a layout plan today. Tim had met with me, I don't know, a little while ago. And there's, this is that area in, we'll say, Alice-Naomi subdivision, so Three Sisters area. That's what most people know it as down in Boulder Canyon. Roads have always kind of been up and down out there, but he owns one of the larger parcels and he would like to look at possibly subdividing those. All of them would meet the two acre minimum. Plus there's some existing residences right along here that they want to change these lot lines. So a portion of what he owns is going to get combined into some of these pieces here that are already existing within there. And then this is the larger piece in the back that he owns. So it's, I don't know if you guys recognize Warren loop. There's that Warren loop road up there. That's over on this side. And then he would extend these and then make a loop through so that it's not just like a dead end out there. You can still kind of come out alternative and then it comes back to here. There's some old existing private access easements through here that it was to get to the back property at one point in time. So those would still be in existence. And then he would be adding one over here so that you have kind of that through loop. But these houses down here are existing within the Alice subdivision. And they're still staying as existing lots, but then adding additional.

Private access agreement is to the benefit of this larger track in the back.

It was, yes. It was. He is now subdividing it, so we're requiring him to, because he owns all of that.

He owns the houses.

He owns the, what, you own two, one of the houses, right?

I own everything except the house right where the cursor is right there. That's Zach Agana. And Zach Aganaw would like to purchase the property adjoined to his to the left, right there.

Right here.

And I told him, well, if you can help me make this work so I'm not hamstringing myself or shooting myself in the foot for future development, and that is what we're calling the future development there, where we think the lot lines are going to approximately be. Then I said I would divide that lot out and sell it to him. And the lot above Zach's, which is- 3A.

3? 3A, yeah.

3A. I've got somebody that wants to buy that. He's put money down. The well was located on that. We're basically cropping the well up and hooking it into another piece of property. So I will keep control of the well and he's going to buy the property from me. And so that's all part of this also. the lot that's really not changing. We're taking like 20 by 20 feet on the one corner where the well is. But to do this, we kind of had to have a future plan. This is kind of going to jumpstart the whole project, so to speak, to kind of get the ball rolling. I originally just bought the one lot at the bottom right, and I owned that, and Roger and Deb owned the 40 acres plus the lot three. I purchased that from them about five years ago. And like I said, just a turn of events where two people, the guy that wants to buy the top lot, that's kind of a nice flat area. He's got a daughter that's handicapped and that's kind of the only lot that he likes in the Black Hills where it's not going to be a hindrance where she's got to be going up a lot of hills and whatnot. It's nice and flat. He wants to buy that from me real bad. So, and I think he's planning to build and improve it right away. So that would be added to the tax rolls. And I believe Zach Aganoff, the fellow that owns the middle one on the right, he's planning on doing something with the, I don't know, going to be a little over three acres to the left of his when he gets it purchased. But we want to make sure we've got everything in place so I can I need to get through that lot that I'm selling to Zach to get to the backside of the property. And that's part of, like you mentioned, there were some existing easements that were to the benefit of the 40 acres on the back that were done in 2006 when Avin Martin basically sold all of these properties at the auction. And that's when I bought the one, Roger Sike bought the 40 acres and the number three, and another party who I'm not aware of bought number two and has since been obtained by Zach Agin.

So shared well and then individual septic systems?

I think we're looking at individual septic systems. It's Park Forest, so it's going to average five acres. That will be eight lots total out of there. As far as now, the well share would just be for us two or three people on the bottom, however much that ends up being. When it gets developed, we'd be looking into getting an engineer in and having a water district having some type of a water storage at the highest elevation and people would join and govern the well slash water district. I'm not a professional in that area. I don't know how that works, but that would be the future water source for that development is the well that's already there in most likelihood. Of course, if you were to buy one of the lots and decide, I don't want any part of the water district, I want to grow my own well and have control of that, that would be an option as well.

Yeah, and this discussion started mainly because this gentleman wanted to purchase a piece of this on the backside. Well, you had to replant because it was all one piece. And then we started talking, and he said, well, my ultimate goal. I said, well, if it's your ultimate goal, let's go ahead and just talk about all of it at once so everybody knows. And I did have concern with that original easement, but that's why you have the easement, plus he added to it so it's wider like it should be because it wasn't that wide. Sure.

And there's also a vacation of, there were actually two easements right next to each other. One was a private access, which was kind of on the easier, lower part of the ground. And then there was, if you go below that, that's higher ground. That was kind of, I forget how Lauren described it.

So the existing public access? Yep. Submitted to the auditor to do the vacation of that road. So he can add that acreage to his lot.

My neighbor, Zach, he's on board with that. I've given him some concessions that would be vacated to my lower lot. And then I'm giving him basically half of that acreage is extra onto his lot that he wants to buy. We're basically doing just a little forest trading there. Yep.

And this is just a layout plan today. So they're still working on, you know, if there's some stuff vacated, that'll have to show.

The mansions location of lot one might change a little bit. I think the, since you're in a road district out there, these private evenings might end up having to be public. You know, these lots might, the design might change also.

Yeah, and you'll have to do a fire plan and all of that's going to apply.

The initial step on this part here, since you're seeing the whole big picture, the next preliminary plan we'd like to submit would be Lot 1A, probably Lot 2, which will be 2A maybe, and 3A and Lot 1, and then the rest of that 40 will be a Lot 2. And then if Jim eventually wants to subdivide Lot 2 into both other seven plots, then that's the other option later on.

Probably the most pressing thing time-wise is the fellow that wants to buy lot number three, which we're basically replatting with a little well out of there. You don't want to do it by the book and everything, but we'd like to get that replatted as soon as possible. And hopefully in that same scoop of the pen, we get lot 1A and 2 replatted as well with, Just little variations, the vacation of the one right away and we're moving a acre or two here and there to get the well on the property that we want.

I also want to make you aware that the house on lot two does not meet the building set batch right now.

I was just going to bring that up. And it's an existing residence.

I don't know how you want to deal with that since it's kind of, I don't know why, I don't want to say grandfathered in, but it's...

next lot, then I'll take care of that. And that's, I think he hasn't come out and said it, but I think that's why he wants to. I think he knew he built the house, whoever built the house, built it in the wrong spot. So if he lies a lot next to it, then it's all his baby.

The only problem is Tim wants to keep ownership of that house, so there's that 20 foot strip going behind his house right now. That would be part of plot one.

Right here is going to keep ownership as Tim.

That's part of a well lot?

Yes.

Wow.

It'd be part of lot 1A, so there'd be a... 1A will have a panhandle on it, like Oklahoma, sideways on its side.

This little thing is 1A, so he has access to the well.

Since he wants to keep ownership of a well, that's why we did a lot of design like that, instead of having a water line easement coming all the way down.

So the residence will be where the residence is, and that's... They're not creating a new lot. They're just changing the easements around. So it can be a non-compliant structure because it does sit on his own property. We will not usually make him bring a variance or anything in because he's not changing. Now, if that gentleman would ever decide to, let's say he wanted to do an addition onto the house, well, we're not going to allow one unless he brings the structure of a compliance or gets a variance, one or the other.

1A is a new lot, isn't it? And that's creating a setback issue also with the well, around the well. We don't have a setback for a well. For a well house, we don't.

It says the well house approaches the 25 foot setback. Yeah, we wouldn't have one. We don't have one.

Okay. It's no different than a shed for us. If it's less than 200 square feet, they wouldn't need a building permit anyways. And I would bet that well house is probably less than 200 square feet.

And I don't think we're asking for any exceptions. We're trying to play within the rules here and keep from hamstringing myself or shooting myself in the foot for getting those other seven lots up and on board in the next few years.

Where that well is located, there's really no well house there. There's a well in there. It's like a wellhead. The pressure tank is in the ground right there. It's covered up. That's it.

WC is the wellhead.

Yeah. I'll also bring up that bottom existing 60-foot access. That's where Warren was at. there's a strip right there that's called, it's an existing lot. So that little strip is going to be added to that lot 2F as of right now. Oh, this is down here?

Yeah, right now I own that with lot 1A down in the lower right corner, which is basically, it's a little strip on the other side of the road, which is basically useless property. So just to keep the acreages up to the 41 acres minimum and all that other, rules that we've tried to follow, that will be added into lot two F. Yeah, it's a little panhandle.

Just because it's property owned on the other side of a public access that already exists.

I know it looks a little garbage, but it's a logical way to do everything.

I guarantee you I'll have to go through all of this again next time.

But yeah, so this is just layout. This is not a detailed, we don't have surveying yet on there or anything. So that'll change a little bit once he gets those done. And then if the access easements get vacated, when is that already been submitted? So it'll probably be, so you guys might actually see that at County Commission around the same time this flat comes through.

I just submitted it to Crystal about three days ago.

And I'm pretty sure Crystal told him, I'll look at it next week sometime. Yeah. So it'll get there. This is just, I think you kind of heard concerns or things that they had questions that you kind of need to know what you'll have to be prepared to answer.

And I've talked to Andy Heitman, the president of the road district. He's all on board with it.

He didn't have any problems with what we're doing. I just feel determined. We'll assess. What are you doing with the cul-de-sacs? Keep the cul-de-sacs in there.

Well, that's just to get access into there if we do subdivide the four acres.

So keep in mind, let's explain, maybe go back. Because the first plot you're going to see is going to be for lots 1A, 2A, and 3A, and then this lot 1. But everything else is just going to be one big tract still. But he wanted you to be aware that if He decided to go forward. He's providing his access for that future development if needed. So this is not going to be what you see for the first plan.

Okay. Even if he does go forward, even that loop around might not even be there. It just might come off from the cul-de-sacs.

Ideally, if we had two cul-de-sacs like Lauren has it there, maybe they're not in the quite right spot for the lot lines, but the, the lots that are beyond the cul-de-sacs would come in a little bit pie-shaped and would be within code where people who bought the lot would have access to the cul-de-sac.

Okay. If you go from Lewis Drive to each cul-de-sac, what's the distance?

The lower one is about 700 feet right now. Okay. They're less than 800 feet right now. All right.

They would both – both cul-de-sacs would meet the cul-de-sac requirement.

We're trying to stay within regulations without having to ask for any exceptions.

I must be missing something here. So you're referencing the cul-de-sac section. You've got to do that loop around there. How else are you going to get access to those other lots?

You could have long, skinny lots coming out of that. The lot line might change where they all come to the cul-de-sac. Okay, okay. The lots will all triangulate down to the cul-de-sac. Yeah, yeah, okay. This is just something to get you guys knowing that that 40 acre might be subdivided. How long I'm going to be in is still wondering.

How long hasn't them seven, eight is divided is basically where it basically gives each lot one respectable building area, but the borders are probably going to change somewhat to one, hit the cul-de-sac hopefully, and two, to meet any other requirements for whatever the roads need to be. you know, the elevations and whatnot, the inclines on the roads.

Well, I think you heard concerns or things that they had questions on, so you kind of know how to move forward with it. But your preliminary plot, my assumption is, as we'll see, the preliminary will include lot 1A, lot 2, lot 3A, and then this lot 1 back here. and probably your roads is kind of what I'm expecting to see and the rest will be a tract.

Yeah, it will be a lot too. The rest will be like a 38, 37 acre tract, whatever that would be.

Okay. Anything else from you guys? If not, we can have an idea of what they need to look at for the next section.

Clear as can be. If I can ask one question, and this is just to tell the fellow that's looking to buy a lot, the lot three, what do you envision the timeframe being as far as- Preliminary plot would be submitted by June 10th, if that's what you're going to do.

And that would be the July 2nd planning and zoning, July 8th County Commission? Is it the 8th? 14th. 14th, sorry, July 14th County Commission.

So the, you said July, you said June 10th.

would be the submittal date from Lauren to us.

July 2nd and July 14th. July 2nd and July 14th.

And then as long as your taxes and everything are paid, you know, then we can get it recorded and whatever, if the board chooses to approve it.

Then I would be free to sell that lot.

I'm going to say if everything goes 100% perfect, yes. If it doesn't, then no.

Okay, fair enough. Yeah, just got to start somewhere. So, but yeah, Like I said, thank you for the understanding on this. I think there's a reason that 40 Acres has kind of sat vacant for so long. There's some challenges there. And with Lauren's help, I think I've been able to kind of figure out how to build the roads and the access and get everything in there we need and still follow the Lawrence County guidelines. It looks a little complicated with a couple of panhandles there. There's a method to the matter, it really is. If anybody wanted to come out there, I'd gladly show them how things are laid out.

Thanks for bringing your whole plan in at once instead of sneaking stuff in piecemeal.

Thank you. You guys usually do a motion on a layout plan.

Move to approve the layout plan.

Second. Okay, we have a motion and a second to approve the layout plan. Other discussion? Hearing none, all in favor signify by saying aye. Aye. All opposed, same sign. Thank you. Thank you.

Thank you very much. Thank you for your time.

All right, preliminary and final plot for Donald and Lamaine Williamson.

All right. This one, wishing to subdivide the house lot for mortgage purposes. Its own park forest allows for the 5.75 acre lot to be subdivided out of the 75 acres or 74.97. The lot has an individual well and septic system already. It does not have any of the 100 parts per million arsenic levels from the Whitewood Superfund site located on it, even though it is in the vicinity, but the house itself doesn't have that. The owner is working to get a fire plan and any mitigation. This might have been, hold on. This might be my note right here. I think that's this plan. Okay. We got the fire plan today. Basically, they just have maintenance. Everything else has been completed. They just need continued maintenance. So we did get it, but she didn't get it in staff report because we just got it today. So they'll have a little less than 70 acres and the remainder staying with the house and the pool and all that area.

It's the requirement. I have a question. It's just a learning question. What does it mean they're wishing to subdivide out the house for mortgage purposes?

Because right now it's all included in the 75 acres and a lot of times banks won't do a mortgage on a residence on that much acreage. It's pretty normal.

You'd have to get an ag loan.

You'd have to get an ag loan or a different type of loan. Okay. So they probably just want a regular secondary mortgage loan. Got it. Okay. So they usually want smaller parcels. So we have a preliminary and a final flat with this one, and we do not need to do an exemption because we've received the fire plan and it's okay.

Move to approve final.

Preliminary and final. Second.

Okay, we have a motion and a second to approve both the preliminary and the final. All in favor signify by saying aye. Aye. All opposed, same sign. I do have a question on the, just informational, on the Superfund site, but has that been something, been there a long time?

Oh yeah. Superfund site's been, Ruth?

It's me.

1991, I think is when the ordinance was done. And so basically we have a layer that we can see on the map If anybody comes in within that area and wants to build a barn or a house or anything, I have to go to Homestake with it. And then Homestake actually helps them through. Usually we have to do like soil samples and there's kind of a lot. It's a glorified building permit. It takes a little longer to get through the process. But we always check it because if they don't allow much, they really don't allow any residential building because they don't want the ground disturbed.

Thank you. So that good black water from back in the good old days. Yeah.

So that means all those areas around Whitewood need to have it checked for arsenic?

Well, there's, if you pull up the GIS map, there's an arsenic layer that pops up. So anything that touches that arsenic layer, we will not do anything without them doing some soil sampling with, it goes through Homestake. Homestake actually helps them with it. Yep. And then they determine- I just want to,

live out there actually near these folks. And they seem to be fine so far.

Yeah, we haven't had, I hope, there really hasn't been any issues with it. It's just how it works is the arsenic is below the ground. So as long as they're not disturbing the ground, then it seems to kind of, then it doesn't impact a whale.

It can, I would think it would. It can.

We used to swim in the water.

Yeah, yeah, yeah.

Never had any ticks on it. Yeah, yeah. Leaches never stick. Yeah, no problem with that, curious. Yeah, but that's true, we did.

All right, we have a preliminary and final plat for applicants, Beck Construction Company, Munoz Real Estate, LLC, and Roger Angela Beck.

So this is a preliminary and a final plat. They are, I'm trying to pull this up, it's kind of hard to see. So this is down in Apple Springs. They built some townhouses. They're just kind of redoing the lot lines. One of them, they're combining. So you can see here, it used to be 3A and 3B. Now it's 3A1. So this is going to be a little larger lot on the corner.

We saw this last time. You did, and then they changed.

This is the one that Brad had pulled because he said, no, it's going to change because they changed the line. That's this flat. Okay. Okay. So what they're doing is it's kind of moving a bunch of these. So you can see like former lot line here. It kind of moved them all a little bit. And then this one got a little bigger. So like here was an old lot line. Here was an old lot line. It just kind of extended them, made them a little bit bigger. Doesn't change the density or anything within that spring. But we do have a preliminary and a final. This particular one is not exempt because it already had a fire plan within that subdivision.

Move to approve the preliminary and final plan. Second. All right, we have a motion and a second to approve both the preliminary and the final. All in favor, signify by saying aye. Aye. All opposed, same sign, carried. Preliminary and final plat for Four Bears in the Hills LLC.

Nope, we already did that one. Didn't we? No.

We didn't. Maybe you did.

I did in my head. Well, it's because it was Apple Springs, I guess. So I just... This one is just a preliminary and a final plat. for lot 13. Kind of just nothing really too crazy with this one. Wishing to do the lot line. Sorry, not that one. So the subdivision itself already has a fire plan. The roads are already in place. The utilities are in the process of being installed. The HOA is in effect. Community water system, community wastewater. This is an extension of the original lot layout. It's really kind of a gravel parking area.

That's what it is right now.

Reunion Ridge, so it'd be across from there. I think they have a little white, maybe a storage building sitting on it. There's just a little tiny white building. They're just cladding it.

I couldn't tell from the picture, so it's an extension of it, but I couldn't tell from any of these unless I'm missing it. how much bigger it got or what they were doing.

No, it's not an extension. It's just of the original lot layout. So it showed it, but it was probably just never platted.

Okay.

So it showed because it's a parking lot.

Yeah.

That's what it is. There's nothing else there. So if you look at it, this is what it is. So there's, they kind of have like rock areas kind of marked off. It's just platting. See, I thought it was a trick one you threw in to see if we were reading. The extension is,

Most of us would have failed.

Yeah, they have like a little, I don't know, a kiosk. Yeah, kind of. Kind of a thing sitting there.

Motion to approve the preliminary and final plan.

Second.

All right, we have a motion and a second to approve both the preliminary and final. All in favor signify by saying aye. Aye. Aye. All opposed, same sign. Motion carries.

All right.

Final plan for Jeff Miller.

And I believe Jeff is here and then Brad, it looks like is online. He is at guards. So hopefully he can hear us. I can see him.

Brad, are you there?

Yes, I'm here.

Okay, there you are. So this one is a, you guys have seen some of this already. This is a final plat for lots five through eight of Pleasant Ridge subdivision. This is the part where he's provided the as builds. There's a summary in there, the Miller emergency easement, and then the final plat of fire mitigation was also done. So he's provided everything that was required as part of the preliminary. And so now he's just requesting the final plats for those sections. Anything else that you want to add at all, Brad?

No, I don't think so. So the emergency access easement, that stuff is completed. It's at Eric Neese's office, I believe. It needs to be recorded. So once that's recorded, that document number will go on the final plat before it's recorded. But other than that, everything's in place.

So if you remember, that's this one where we wanted that document. So, and Eric did try calling me a couple times, we just hadn't. So I'm assuming it's about this, is what I'm thinking, is that he hasn't done.

We can just write it in.

Did you? I'm assuming that's what Eric is just going to bring it up or whatever. Yeah. So I think once that's here, we'll just write it in and then Basically, they'll get recorded at the same time. You can just walk over there and record them.

Do we have a motion on the table? Do we have a second? Okay, we have a motion and a second. Further discussion? Okay, none. All in favor say, if I could see an aye. Aye. All opposed, same sign. Motion carries.

Okay. I know Brad can still hear me, but Jeff, this will go to County Commission next Tuesday too, for kind of the final, just so you know.

I had one question earlier in the meeting. Amber, you had mentioned submittal date on a plat for Lauren, and you said June 10th, and I was tracking June 15th. I'm not in my office, obviously, but I don't get back until the 13th. So I was tracking the 15th. Is it the 10th?

I thought it said the 10th. I can't look down here. Okay, that's fine.

I'll figure it out in our office.

Yeah, it is June 10th. Wednesday, June 10th would be the deadline for the July 2nd meeting.

Okay, sounds good. Thank you.

Thank you, guys. One more plan, final plan, cost development LLC.

This one is Dakota Highlands Estates. Final plots, they match the preliminary that has been out there for quite a while. So there's really nothing new with this one, I guess. It matches the approved revision. There was a revision in August of 2024, and that was 66 lots down to 27. So they made them all just bigger. And then this is the final plot matching that. Fire plan's all done.

Move to approve the final plot. Second. All right, we have a motion and a second. All in favor, signify by saying aye. Aye. All opposed, signify. Motion carried. All right, items from planning zone, board members. All right. Opportunity for public comment. Anyone?

I'd just like to say thank you. It's been a much smoother road travel than . Sorry. You're sorry. It doesn't bother me.

I understand you. All right, next meeting will be Thursday, July 2nd, 2026 at 1.30 p.m. I'll entertain a motion to adjourn. So moved.

I do have a quick question. Is everybody okay with the August? In the past, we've moved that, but since the rally's later, is everybody okay with it remaining that first Thursday? Because normally, it's during the rally and we can't park, yeah. You know, we have moved it, but this one, it's August 2nd, is what we're scheduled for right now. Sounds good. Okay, just to make sure so we know. So it's the week before the rally.

You're going to be camping at the Chick by then, Kristen?

I know.

They have pretty nice trailers up there, you know.

That's okay, I'm done with that. I lived in an RV while we built our house here.

How was it?

Yeah, especially since it was supposed to be, what, nine months, and it ended up being 18.

It's just special at the Chick. It's like, you should...

It's noisy. Oh, I'll second. Do you need a second?