Planning Commission - Regular Meeting

All right, Mark. I have 1204. We'll call the meeting to order with roll call, please. Genslinger here. Gunglow here. Oster here. Schmidz. Shers. Sunny here. Basky here. We have a quorum. All right. Any conflicts of interest to declare hearing? None. We're moving on. Next item on the agenda is to approve the agenda. Move to approve. Second. Move and second that we approve the agenda as presented. Any further discussion? Ready to vote then. All in favor say I. I.

I. All oppose. Nay. Motion carried. Meeting minutes are in the packet from the last meeting, November 10th. Any corrections to make to those? I'll approve the minutes. Have a motion. Second and a second to approve them as presented. Any further discussion? All in favor say I. I. I. All oppose. Nay. Motion carried. Next item would be scheduling next meeting, December 8th. Move to set the date.

Second. Move and second that we set the date. December 8th. Any further discussion? [clears throat] All in favor say I. I. All oppose. Nay. Motion carried. First item on the agenda is a conditional use permit for NIW LLC. They've applied for a conditional use permit for alcohol sales on sale located at 1218 East First Avenue. Legal descriptions in the packet. Said real property is zoned NS neighborhood shopping district. Mark.

Notices were sent out to the neighbor postion paper sign posted. Um, there were five responses in the packet that were in favor. There was one that did not make the packet that was in favor. There were no comments on that one at all. And then there were two opposed that made the packet as well. Um, this would be located at uh First and Foster. Um, as you can see on the GIS where the location would be. Um, they have provided that the sales would be inside the perimeter of the existing building. Um they've shown some parking spaces for um their building with the fuel pumps as well. Um and then kind of a layout with inside the building. Um this does would be up would be facing north in this on this drawing as well. Um kind of gives you an idea of where it's at. Um in that um is the neighbors that were all notified. Um your letters there were some comments from Jerry Fischer um some supportive um and then some more comments from IELTS. Um history with this back in 2010 uh a conditional use was applied for by the previous owner to have a gas station at this location. Um that was approved um but it was in R4 at that loca at that time. So alcohol sales is not in residential areas. Um, in October of 2010, an application was to reszone from R4 to Highway Business. Um, that was ultimately withdrawn by the applicant. In November of 2010, an application to reszone it from R4 to neighborhood shopping uh was approved. Alcohol sales off sale is a permitted use within neighborhood shopping. Um, that was um back in 2010. In August of 2025, neighborhood shopping was amended to allow having alcohol sales on sale as a conditional use. Um that was requested by the mayor to put in front of uh this board and council for the um for them to approve that. And since then, we have

had this application for alcohol sales um as a conditional use. I can answer any questions that you have for me. When did you say that on sale was added? August of 25. So this year applicants are here if you have any questions for them as well. Are there any questions guys? Point clarification here on the one sheet. So if any if they change the the size of this building in any way they would have to come back again. They'll have to come for their building permit portion of it. They'll have to come for a plan approval from this board. Yes.

Because you you state it's only within this existing boundary of the building. Now

that's what they would be applying for. Yes. Um with the license itself. This board doesn't have that fact or have that for the alcohol on sale. The license itself. That's where they have the boundary for with that. So council would approve that portion of it. But yes, any building permit, which they will have a building permit for this, will come in front of this board because they're going to be putting new doors in um doing some other modifications. So, plan approval for neighboring shopping has to come in front. So, this would be their first step of going through their whole process if it all gets approved. Conditional use, then the license be approved by uh council, and then plan approval back to this board for any modifications to the building. So, we're just a recommendation board today.

Correct. And we're just we're recommending on sale or not recommending on sale for the property. Correct. Not necessarily the building. So, you guys would have granular control at some point. Yep. We're just we're being asked today, is this an appropriate use of the site as a conditional use permit? Any questions before go any further? Would changing a use like this require additional parking spaces based on the current ordinance?

Um it would and that's where um they showed their parking that they would have for that whole location. Um you can also use the pumps at that area as parking as well. Um, for the parking they would need to add four spaces is all if they were to get a liquor license with video lottery that would require four seats or excuse me, four parking spaces because it's three um seats per one parking space. And with South Dakota laws, you can go up to 10 per one license, but they would still have enough onsite for this. Parking is not an issue.

Correct. Any other questions? Would the applicant like to add anything? Yeah, I'm Jim Taylor. I represent Terry. Can you come up to the table here? No, you're fine. Jim and New LLC. Uh, one preliminary statement is that with the controversy that occurred 15 years ago in 2010, completely different folks. Okay. Terry and Sarah bought the business how long ago?

12 years. 12 years ago or something from the applicants uh when there are originally concerns about this and uh they've operated arr consistently since that time. Uh we're in the very early stages as Mark pointed out of working with a lency to transfer a retail wine license on sale. But we have to get the conditional use permit first. You know, you start the domino someplace or another, but what was recited to you is exactly correct. The footprint of the business won't change. The owners have no intention to expand the building, do anything additional to it other than what needs to be done to meet all the requirements for exits, entrances, interior work to isolate any gaming area from any other retail area, assure that there are proper safeguards for everyone. And I think what also needs to be made clear, and you folks chime in if I say anything wrong, it's not their intent to operate a bar here. That's this is an adjunct to their convenience store operation and that's all that it is. Anything we can clarify for you?

If it's not a bar, what is it? two three machines in the corner of Yeah. Could you come up to the podium and state your name? Yeah, we're not looking for a bar of any I have no intention of doing that. I'm too old to deal with that. Just a couple machines in the corner to um add on to what we already give the community. Um, and not like Radar Hill Casino, like a couple machines that the guy on his way home can stop and put $5 in type of thing.

Bottled bottled beer, canned beer while they're playing. Is that right? Yep. Just while you're playing. Yeah. No. No. Like liquor. Well, we wouldn't even have a liquor license. Just malt, beverage, wine, whatever. Can anybody come in and drink if they're not playing? Uh, I I think legally we're not going to do that. No, it's just going to be in the casino while you're playing. Okay. Now, you can't stop somebody from coming in and right sitting there and having a beer, but that's not your Not my intention. Correct. Okay. Any questions for the applicant?

I I frequent your place really regularly, and I have some concerns about the I don't I'm sure you're going to handle it, but the age of the workers, right? Um, again, understandably so. Sometimes they're pretty young. I I think right now we have maybe one clerk that's under 21. Uh, that would be readressed with this. Um, beyond that, everybody else is over 21.

And you need to rest assured as well that the South Dakota Gaming Commission in licensing video lottery machines has significant requirements for age of employees access architectural design on the interior of the building. So, we've got to complain all of that. Even to turn the first key for a license. Okay. Any other questions? So, I know there's people here that want to speak to this. So, let's let's do this. Let's do a motion in the positive so we can vote up or down, but then we'll bring in the the uh public to speak about it after the motion. I'll make a motion to approve.

I'll second it. So, we have a motion and a second. Now, we can open up to anybody who would like to speak to it. Good afternoon. My name is Martin. I live Titty Corner from Aries. Been there for over 40 years. uh like brought up 15 some years ago, we brought this was brought to the council meeting or the council attention. They wanted to put in on sale liquor and we knew it was going to lead to video lottery at the time. So we worked on it and we got it stopped and uh in this 40 years he said I know it's different owners and I have nothing against pre the the previous owners or the current owners. We I buy gas over there and I go over there occasionally myself, but as far as I can tell and the time since we last uh worked on this to stop it, nothing's changed. There's still a school right down the street. There's a hospital. There's a church. And it's a great park. Uh nothing's changed in that in that aspect. and it's still a family and a neighborhood community. Uh, Habitat for Himani building two homes just to the left. The city's got that nice new lot that is gone and I hope some good development comes up in there and some nice houses and stuff. But we you can't vote and say 12 people that got that letter sent to said, "Oh, well, maybe some didn't. The ones I talked to didn't want it, but you know, and they can all change their mind and and send in different responses, but those people that haven't even bought those lots yet have no say in any of this. So, that

might deter somebody from wanting to move into that area or whatever else, but uh nothing's really changed in this time. So, I just don't see the difference. So, I appreciate your time. Thank you very much. Thank you. Anybody else want to address it? Mark, are there any other locations in similar conditions or similar situations in Mitchell? The three locations that

the three locations that have been brought up for neighborhood shopping is this location um triple uh pawn triple crown pond triple old rob shortstop triple play sorry sorry Petersons I got that wrong um and then the corner of uh Samborn and Fifth when that used to be the in-n-out gas station and outs my teriyak those are the three requests that have always tried push to get on sale liquor license for those locations, but none of them do. None of them have them now, but because they couldn't until the zoning was amended in neighborhood shopping.

So, do you have any insight on to why why the mayor wanted to add on sale to neighborhood shopping? What's the end goal here? My understanding was that some people had gone up to him and requested it that it get put in front of council for it to be approved as conditional use. They talked about it as permitted and as conditional use. And the people that talked to them actually said we're fine with going as conditional use. So that way this board and the next board still hears it and the neighbors get to see it as well. I keep picturing like a mixeduse facility with uh you know commercial or merkantiel on the floor and then apartments above and where those places might go and they might be in residential areas but wouldn't it be kind of nice to have a coffee shop or maybe a small little bar on the corner. You know, you see that in bigger towns all over the place. So my question from the group is if it's not here, where could it be? Um, I don't know,

Mr. Chairman. Yes,

I think I can address that for you and you raise a really good question and that's part of the the uh underlying reason for the application that's been made is the significant redevelopment that is going to occur on the south side of this location. We don't know what that is, but we know the city acquired all that property. We know it's going to be redeveloped. And when you look at modern zoning and modern urban development, what you've just described with mixeduse developments is exactly uh what we're looking at here. Essentially, a community retail center with all kinds of different uses. That seems to make sense in the 21st century. And it really seems to make sense because it offers a significant uh significantly broader scope of of operations for redevelopment of the lots to the south side of this place. I think it opens up more opportunities for the city, more opportunities for developers, and because it's a conditional use process, and because the owners are not going to change the footprint of the building, and everything will be conducted inside, it should really have minimal impact on the neighborhood.

Thank you, Mike. Has there been any discussion about what might happen across the street? I don't think I can disclose that. Okay. [laughter] Yellow bus. I think it's fair to say that the city's received some proposals in regards to the lot, but at this time there's no firm um action plan.

Yeah. Well, you know, the dispensaries, you know, there's uh there's a limit of for schools and all that kind of stuff, but we don't have that here. So, um I still don't see no problem with it.

I have some reservations just based on the available space and the added traffic this could bring, especially with the known issues at this intersection in the past. And I know the city's just approved to add the stop signs at this intersection, which I think greatly adds to the safety in the area. Uh I'm also aware of a potential future project on First Avenue that could likely address um ingress egress to this particular lot just for safety concerns uh based on recommendations from a traffic study previously completed. And so again, I do have just reservations from the traffic and safety standpoint. Um, as far as the use itself, um, I agree that uh, a broader use at this type of location and and the benefits of neighborhood shopping type areas, especially in growing cities, um, that that's important and and uh, so I'm not necessarily against that. Any further discussion?

I'd just like to mention one thing about parking uh with they have a very good set of sales for on on sale or off sale license. They sell a lot of beer over there. Let me tell you there the beer guys are there every week and they leave off three four pallets of beer. I mean I see it all the time. pop and they move some good product over there. But even now, like when uh Pepsi Cola shows up with their big semi right now, they're parking right in front of the Habitat for Manity House. Well, because that's the only place to park because there is no parking for a half a block on either side because it's all driveway. So you get the empty truck there and then you get the Budweiser truck there and you get the Coke truck there and you get the gas truck tanker pulling in, you know, uh then it's hard to get in and out of the driveways because of that. So there is even if they put in more parking spaces, it's still limited on the street for for their delivery trucks and stuff like that. Thank Thank you,

Mr. Chairman.

Yep. Mr. IELTS, my clients don't really have disperate opinions on this because they've recognized that's a problem. And in fact, just this morning as I came to work at my office across the way here, I got blocked on Fourth Avenue by a US food semi delivering from the middle of the street. Their intention is to direct their distributors to deliver through the alley so that the streets are clear. We have a significant problem with that downtown and that's something for somebody else to address in another forum. But that would be their response. Any further comment, questions? Hearing none, we're ready to vote. I think not sure that I'm aware of how I'm going to vote. Mark, let's do roll call.

Austeroo, yes. Sunny, yes. Eloy, yes. Gunslinger, yes. Motion carried will be heard by council, excuse me, board of adjustment next Monday at 6 pm. Next item on the agenda is a plan approval for Porter Distributing Company at 212 South Langet Street, zone central business district.

Um, Porter Distributing would like to do an addition onto their building since this is in central business that comes in front of this board just as well as neighborhood shopping and highway business. Um, they're looking to do the dish onto the south of it in central business. Um setbacks are zero foot um and 100% can be filled in by building. Um giving you kind of a footprint of overall from the top view what they're looking to do and then the existing conditions. Um looking at this from the south and then kind of from the southeast. Um then they have a G or excuse me a rendering showing what the building will look like afterwards. um as well as some interior for walls. Um their parking that they will have there, how it'll be the layout on the inside of the building, and then the different pitches from the east side for the new roof going on there. I can answer any questions that you have for me on this. And I believe

Alice is here if you have any questions for them. Any questions for the applicant? Do you have Can you come to the podium? One of the applicants.

Do you have a licensed engineer or architect working on the project? Um, we have uh an engineer. We have Butler to stamp the building drawings. We have uh an architect over in Sou Falls for the concrete. And then we have uh Larry Jerza did fire code. Okay, perfect. That's fine. Thank you. Yep. What do you think, guys? Move to approve. Second. Move and second that we approve the plan as presented. Is there any further discussion?

Anybody else in the audience want to address it? Seeing nobody, we're ready to vote. All in favor say I. I. I. All oppose, nay. Motion carried. Any other business come before this board? Hearing none. If you need to address the board on an item that was not on the agenda, excluding personnel items, please come forward to the podium and state your name and your concern. Presentations are limited to three minutes. Items will be considered, but no action will be taken at this time. Seeing as no one is coming forward, we are adjourned.