Planning & Zoning Board - Regular Meeting

This conference will now be recorded.

So we'll do the public hearing for Ordinance 26-02. So our format for the public hearing will be that we'll hear from the applicant, and then we will discuss with them, and then we'll open it up to the public for comments. We ask that if you have any comments to please stand up, state your name and your address to ease in the minute taking. I'll remind you if you don't do that. And then we will go back and forth with public comment, then we will open it back up to the applicant. And when there's no more comments, then we'll close the public hearing, at which time we ask that you refrain from engaging with the board, unless you're called upon. So, does anybody have any questions on that? All right. Amber?

There's no changes from last time there was, you know, discussion at the informational meeting. but it did just go forward as is, it did not make any changes. So it's up to you guys what you decide to do with it. It's just a public hearing today.

Okay. Is there anyone in the public having any comments? Okay, anything from the applicant?

Yeah, I was just, I just wanted to say, Can you please name it? Yeah, name and address, please. 19941 Gobbler Road in Spearfish. Is this, I can't ask questions. I was wondering if it's being proposed due to complaints received about the primary signs, and I would suggest tabling it until after the general election, because it seems ill-timed. I mean, I know that it'll obviously miss the runoff, but, and then if it was, if this is something And I looked through the Suffragette and Clarified Law that you have here, and I didn't see anything other than the private property that's specific about this. And I didn't know if it would fall also under the SD Suffragette and Clarified Law 3129-72, the highway beautification and regulation. And then for the Just Compensation, is there a fund already set aside or would that be a new budgetary line item to compensate people who violate the campaign assignment? For instance, if it needs to be removed.

Okay, thank you. Any other comments? Amber?

Do you want me to respond to that? I think ultimately, no, it wasn't due to any, we didn't really get any complaints on signs. We didn't. It was because when every year, every time there's this, we used to have an ordinance that specified campaign signs and what size they could be. And when we redid the sign ordinance a couple of years ago, that section got removed. And so we had questions from Just people, they always ask, what can we do? What can't we do? Is it an exempt sign? Is it not an exempt sign? Well, we didn't have a campaign sign specific thing. So when Bruce and I looked at it, these are on-premise signs because that's what they are. And they don't have any fees or anything with them. You don't have to pay any fees or do anything. It's just so that they know when they can be put up and when they can be taken down. And this is the statute that the auditor's office uses. So when people ask her, It's the same statute. So that's all it is. It's just putting it in so that I don't have to constantly be like, well, I don't have a rule. So that was the reason for it. It's a special situation. It just, it permits it. And then we don't have to have the question constantly because it's just there. That's the reason for it. And this is, it is private property. That's normal. I guess they're always on private. When people want to put them up somewhere, they're usually on private property. So it really doesn't do anything other than what people are already doing. And then with the when they have to remove them, we do deal with that now because the old ordinance that we used to have was five days. Well, that didn't really make sense because that's not what the statute says. So it just makes it consistent across the board. So right now, the auditor's office, when people ask her questions, she will use this now because that's what's in statute.

There's like rodent signs still all over town. There's what? Rodent signs all over town.

Because he has an election coming up, so he's prepared to do that.

Okay, so I just thought that was like the 10 days before, so he can keep them out until after the election.

Same election cycle, yeah. That's 10 days before the absentee voting starts. And that started quite a while ago.

Oh, yeah.

Thank you. Did that answer all? I think that was all of your questions.

When will it start being enforced?

Well, by the time it goes through the process. So this is the first public hearing here. Then it gets scheduled for a first and second reading in front of county commission. And then it will go, you have a 20-day appeal period. So it really won't affect anything currently because of the timing of it. So I don't think that's really going to matter.

Yeah. Any other comments? Okay. We'll close the public hearing discussion.

I still have the same questions I had last time. Okay. And I guess Naomi actually touched on it too. what's the process so I I know that from our discussions before that there are certain signs that won't be prohibited one thing that was discussed was a magnetic sign on a car the the other one was a big sign on like a tractor trailer so what's the process and what's the um penalty and um is it enforceable because if it's not enforceable or you don't want to enforce it then it's not the timeframe, it's that term freestanding. Because like I said last time, I think the definition of freestanding is not the same as it was for the state, which is much more restrictive, which would have taken things off fences and walls and all sorts of things. So we either have, I think we need to be clear because otherwise you're going to have people probably obey the how many days before and how many days after but you're going to set yourself up against certain citizens who might want to put things on their property and display them if they are in favor of a candidate. And that kind of goes to free speech and a whole different thing than advertising. So that's my concern with it. I just think it's not enforceable or you won't let it be enforceable because you'll set yourself up against people. And we've got, I think the county, government at the moment has enough of kind of an issue with the average citizen thinking that the government's not really listening to them. And this is just one more example. I'm just saying that because I mean, I will be voting against it, not because I don't agree that there should be a timeframe. I just think it's fraught with problems. And if it's not clear, then I don't think we should approve it.

Okay.

Does this statute, I mean, wasn't it kind of written, mirrored after the South Dakota statute, I guess?

It's exactly the statute.

That the state passed?

Yes. Well, it's a 930-3.1.

3.1 which is specific to municipalities so it's inside city limits which says building wall or other permanent structure is much more restricted than what we're doing which is therefore to me we're not doing executive status so we either do it or we or we drop freestanding okay that's a that's just my opinion and i'm letting you know how i feel and how i vote but on one vote out of seven, so.

So are you saying in a statute that their campaigns are not allowed on buildings in the state statute?

Well, this is what I got out of 930-3.1. It's the exact same .

This is the statute directly from codified law.

The only difference is we took out the word a municipality because we're not a municipality. So it doesn't say on it. For the purposes of this section, the term campaign sign means a freestanding object identifying an urging person to vote for or against a particular ballot question or candidate for public office.

That's not the issue. The issue is the definition of freestanding. Again, I think what you'll find is that if people complain, they want somebody to take it down someone will say well i don't think i have to and it won't be enforceable but that's i actually don't mind if it's enforceable or not because i don't think we should be limiting people it's a limited limited period of time in which people can campaign and um we believe in free and fair elections in this country so i don't have an issue with it i just think if the people around the table are thinking that they're controlling certain types of signs, you're not. If you don't care about that, then the whole point behind it was to control the timing.

Okay.

That's all this does is control the timing.

This isn't anything about regulating sizes or anything.

No, sizes wasn't the issue. Her question is that it says it means a freestanding object identifying an original person's health. her concern is the definition of a freestanding object. That's the only concern that it is.

We have a definition of freestanding, correct?

Yes. So I think that to me, the bigger the state and the county differ.

But again, I'm fine. I don't need to talk about it anymore because the result is going to be what I think it should be, which is we're not going to be really restricting the type of sign. But the comment was made at the last meeting that those magnetic signs would not be approved. and I don't see where that... Magnetic signs on a vehicle? It's in the minutes.

I want to look back at the minutes. You mean magnetic signs on a vehicle? We've never told somebody they can't have magnetic signs on a vehicle.

You need to look back at the minutes then, because it's stated in the minutes.

Because what I had stated was specifically you had asked me about the... I know what had come up at the last one was the building down there. And I don't have the other one. It just says, Jenny's question, if magnetic stickers on vehicles would be considered to be standing, Boat stated that she wouldn't consider it. You wouldn't. I wouldn't. That was my correct.

So that wouldn't even fall into the definition.

Would it? No.

Well, I think it does. I think you're saying you can't have it. I don't need to discuss it anymore.

It's fine. The only question I ever get with campaign signs is when can we put them up and when do we have to take them down? And that's what this is doing is setting up that parameter.

So that means those big signs on the side of trailers are okay now.

We didn't say anything against them the last round. We never told them they couldn't do them.

Well, that's very interesting.

Why, did you hear something? Yeah, yeah. From Coffee Colleps or what?

No, I talked to Mike.

I mean, I'll be very honest with it. Mike and I had it. Mike Davies was the one that had called me and asked me, can I put this sign up? And I said, I don't really have anything that says you can't, as long as the only thing that was on there was just like his normal campaign sign.

At that time, you're right.

Okay, if this has no teeth, I have no problem. Yeah, the only thing it does is set up The 10 days and that.

But if I, you know, and I actually don't like kind of the attitude. I mean, I can go back and find statements. Now, maybe they're, you would think they were out of context. You'd have to put this big picture together. But the picture, the image I got was that there were certain things that would not be acceptable because we actually talked about the fact that, um, I brought up the issue of what's the difference between like a wall and a fence and a whatever. And people say, oh, no, no, no, fence is not permanent. We talked about whether things were permanent objects or not. If none of you remember that, I'm sorry, but we did talk about whether things were permanent objects or not. So I'm not as crazy as you're letting on. I know, I never said that. But regardless, I know how I'm going to vote.

That's fine. And I really could care less. If you guys don't want an ordinance, I don't care. It does not matter. It's just that I can't answer the question when someone says, when can I put it up and when can I take it down?

I think we go back to where it's kind of started, where we're trying to control the length of time the signs are up. And I do want the ordinance. And there becomes a problem with the ordinance. We do like everything else we do, we adjust it. I'm not practicing law here. I like what we did with the time.

So I'm going to vote for it.

I like what we did with the time too.

Is there a penalty phase that's covered somewhere else in this chapter?

Not in this chapter, it's the entire ordinance.

Okay, so is it like a petty offense or what is the time? Because I think they both asked if it was enforcement.

your penalty for anything within the ordinance.

In addition to all remedies available to the county to prevent, correct, or evade ordinance violations, violation of this title is also punishable by a fine or imprisonment. SDSL 718A2 is provided. A fine not to exceed 500 for each violation or by imprisonment is the normal language, 30 days.

That's a nice one.

Yeah.

Thank you. Okay.

Any other questions, discussions, motions?

Move to approve. Okay. Second? Second. Thank you. Discussion? All in favor, say aye. Aye. Opposed, same sign. Aye. Okay, roll call vote. Fuller? Aye. Lidl? Aye. Wendlandt? Aye. Wayne? No. Jennings? Aye. Ewing? Aye. Okay, got it? Yep. Perfect. All right, next. There's a public hearing for changes on 373. Is there anyone in here that didn't hear the public hearing process? So we'll open it up to a public hearing. We'll hear from the applicant and then open it up to the public for comments. At which time, if you speak, please stand up and state your name and address for the minutes. And then we'll close the public hearing at which time we ask you to refrain from your discussion unless you're called on. All right, up with you.

Hi, I'm Gerard Keating, 11123 H. Olds Way in beautiful Adair Mountain Village in Lake South Dakota, my home center construction. Today's hearing's about 61 acres. It was adjacent to our 660 acres. and we bought it in February. We'd like to annex it into our current PUD. It's currently part forest. You can have 12 homes on it. By putting in the PUD, we're on the higher standards, fire mitigation, asphalt roads.

We're not increasing the density of our community. It's a very important message to the board and myself. We have 187 We have enough water for 187 homes.

That's not changing for our agreement with Deer Mountain Sanitary District. That's fixed. And we're excited to have this part of our community. Basically, I don't know, for a half century, it's been abused, mismanaged, no management. And we've already gone in the last three months and completed fire mitigation with the oversight of Bill Colburn. And if you go up there, there's a mountain of trees that we had to pile. We couldn't walk across the lands. We're glad we brought it to a much healthier stage.

And it's a new piece of property. We're excited to have it into our community. Again, we're not increasing density.

Our community's nearly complete. And it's just another nice parcel that we can make part of the community. Before when we drove by, everybody knew it was a red flag with the, I guess the ground, all the ground debris, and we're glad we cleaned it up and it's going to be part of the community. Happy to answer any questions.

Any other comments? If I may just jump on with that as part of the applicant, Randy Weber, professional applicant surveying. The submittals that you're seeing are what's required in the submittal process. So the graphic that shows the lots of two acre average is just part of the required submittal. And as Gerard said, we're limited under the PUD and the development agreement. And the water restrictions, the 200 water taps, 13 are dedicated to the clubhouse area, 187 to lots. to the locks. So this is the first step in the process. Once this is rezoned and it will be rezoning, then we update the master plan and we update the development agreement to detail those things out. Gerard had a really big point here. We're basically going to increase screen space by doing this. There was 120 acres purchased earlier and now 61. So the density has got even less per acre and allows for more green space. So those are my advice. Anyone else?

So Randy, is the pink and the blue to be developed? I can't read it. Is that to be developed in the future?

That's all part of the existing planned unit development that's already up there. So all they're doing is adding this. They bought the adjacent property, so they're adding it in so that it's all a cohesive piece.

So this was a location map. So the blue and the magenta were were part of the master plan submittal, and then the non-colored to the right is the other part. So I was showing its vicinity to that, based on the old master plan submittal.

Okay, thank you. May I say something to that? Yeah. I think for the benefit of everybody, the next meeting will show the 187 lots, because it's hard to see the community from that. That way you can see how it all ties together. Yeah, it'd be nice to see that.

Thank you.

Okay, anyone else? All right, we'll close the public hearing discussion.

be approved second discussion all in favor say aye aye aye motion carries okay so this will go forward um to county commission public hearing first reading is july 30th at 9 00 a.m um yeah it keep in mind it is the 30th it's a thursday because they had to move that meeting so the county commission meeting is actually on thursday And then are you taking these ready? Yeah, I'll take them. Okay, thank you. Thanks, Jordan.

Okay, we'll move on to public hearing for Mile High Construction and Route Wellness, Carleen Messner.

All right, so this one is the exact same application that you already looked at. You guys approved it after the last meeting. It actually had gone through the whole process and we had I don't even remember what it was. We talked to her and she's like, wait a minute, I don't know if those got sent out. And so we looked at it again and it was just the certified. So they did get sent certified, but state law requires certified return receipt. And so because of that, we talked to Carly and decided it was best to just go ahead and do it again. And so we are just, it's the same presentation. We're not changing anything. Parking is the same. Everything is the exact same. It's just to be, you know, everybody knows that it has to be done that way, so we just asked her to resend the notifications, and then we'll redo it at Board of Adjustment as well, same process. But nothing new is being submitted or changed, if that helps at all. So that's, if you want me to bring it up, I can, but I figured you already know kind of what the proposal was.

Okay, any comments from anyone? Okay, anything from the applicant?

Sorry for adding extra time to your meeting minutes.

I know people knew about it because they were here at the meeting just to have seen it. All the plans are the same.

It's no longer mile-high construction. We closed on it and things are going well. So thank you for your time.

Okay. We'll close the public hearing. Any discussion? Move to approve. Second. Okay. Further discussion? All in favor, say aye. Aye.

Opposed, same sign. Motion carries.

Okay, so this same process.

She already got her new packet.

Okay. I'm pretty sure it's that one. New packet. Okay, never mind. You don't get another packet. You must have got one already. I don't think so. Maybe you put them both in there at the same time.

Will you look when you get home? And if not, we can just email it. It's the same. It's the same thing. It's just, but yeah, we can email it if you didn't, but I, it looks like you were already picked up on May 26th. The day after the last week. That would have just been easy though. It doesn't have the July thing. So she'll go ahead and get it together and we'll just email it to you if that works. Because then you can print it yourself or you can come up here and we can print it. Perfect. We can switch it out.

I am like an expert at this point.

So yeah, it'll be July 30th. Messing me up because it's a Thursday. July 30th. Okay. Thank you.

It's in that nine o'clock time.

Yep, nine o'clock.

Okay, thank you. All right. So now we'll do the 26-36 final plat for KR Deer Mountain Club.

And we did not, you guys saw, we got them from Dave. He sent a lead plan.

He's doing a great job.

He is. So this is blocks 149 through 178 utility lot of block B. This is a final plat. Roads are in. They have a letter of credit and a memorandum of agreement. Fire plan is in place. Mitigation is constantly being done as they're moving forward. It looks like staff recommended approval of the final plot as submitted. Match the preliminary. It's pretty easy with this one. Okay.

Oh, there's no change.

No changes on the preliminary?

No, just the final plot. Okay. Okay. Any motions? Discussions? Move to approve. Okay. Second. Thank you. Discussion? All in favor say aye. Aye. Same sign, motion carries. Preliminary and final plat for Troy and Tim.

So are there any changes in this from the last time? Because I tried to go from one to the other.

No, this one was, if you remember, they had told us that they were going to bring in just one and two. So that's all it is. There's really no change to it. They have their fire plan letter in here. The road is already built, so it's not like they have to do a brand new road on this one. So this was just, if you remember, they had that one is the one that sold to the neighbor. And then this one was just where they're changing that weird little flag. So they can get back to the well. Because the well sits back here in the corner. So it's moving the lot lines around. But really the only new lot would just be this lot one in the back. And then they are putting in, you know, this drive. It's actually kind of already there, but there's an easement that came through here. They did leave that in here as a public right of way in, you know, for future. So when they get ready to do this back part, they have it. It also is nice because we did have them plat the larger piece into one tract. So now when they do decide to come in with a new subdivision or something, if they're going to break that up, we already have the boundary on it. So now it's, they can come in and ask for the resubdivision. He's not sure if and when that will occur.

Improve the preliminary and final class.

Second. Thank you. Any discussion? All in favor say aye. Aye. Both the same sign. Motion carries. All right. Items from planning and zoning board members.

I just want to make one comment. I'm assuming that we're not all expected to just come in and say yes. And if we have questions, it's acceptable to share them and to be encouraged. I do go back and actually look at the minutes, and I actually sometimes listen to testimony from previous, so I don't think I'm wrong. Maybe I hallucinate a few things, but I would just like to throw out the fact that I think we could be a little bit more understanding that someone might have a different perspective. And in the scheme of life, it's moving forward, but I think I feel better having said what I said. And I'm very supportive of the staff and what they're doing. And they've got a different perspective. That's why I think you have people on the board from different perspectives. We're supposed to question and be a little skeptical.

That's why there's more than one of us.

Right. So thank you. Okay. Anything else?

The only thing I usually try to share with you guys if I'm going to be out of the office, I leave the 4th and I don't come back until the 13th. So I will be on, I will have email periodically. So you definitely get ahold of me that way. I probably will not have my phone on very much. So just know that if you text me, I might not answer through a text, but if you email me, I will check it a couple of times while I'm gone. So I just want to let you know, Jesse's here.

Maybe, hopefully, hopefully it stays that way until I get back.

Okay. Any public comments?

My name is John Holm, 12445 Meredith's Road. I'm just here to listen and kind of observe. I intend on submitting a request to be considered for a board position as well.

Okay, perfect. So, go ahead. I just wanted to say, I like the way this process works. Like having an interaction with the public, I didn't know it was expected. So I appreciate you answering my question. Yeah. This was enjoyable, so thank you.

I don't know if we've ever been told it's enjoyable. Question, do we have openings this fall?

Well, there is, I think, going to be, I don't know, two, I think, that we looked, do you remember? I don't remember. Amy and I looked. I think there's two positions open, but I can't remember which ones. If they decide not to go forward, but the five-year term is up, yes.

There's two terms expiring.

I think there's two terms expiring. And Bruce was hopefully, We'll know for sure next month. I'll make sure I have an answer to that. But that's kind of Bruce's thing. He does the term things.

We looked at that earlier this year. Yeah, I can't even remember. Look, she knows, right?

She's on. She's listening. She's like, I don't remember. What, you listened to us? She was listening online. Okay.

Well, the audio works well.

That's okay.

She runs everything. December of 2026. It is Mike. His would be term ends. And then TJ's term ends. Well, and then the two commissioners will always change. You know, every year those are new. So it looks like Mike's and TJ's terms end. So then we'll put it out there. I think it's usually October-ish is kind of when Bruce will put that in the paper. and then you can put your name in and then they wait till the January meeting and make the decisions when they do the board appointments. I believe that's the correct process. Is that sound right, Eric?

Yep.

So yeah, watch, it'll be October-ish in there.

It'll be in the paper.

Yep. And we had talked about that. John had called me and just asked me kind of what the process was and whatnot, and if he could attend the meetings. And I said, sure, if you want to, come on over.

I'm very impressed. It's nice to have public here at the end of the meeting.

Okay, anybody else? All right, meeting adjourned. Okay, that's it. We have a very short meeting this time.