Planning Commission - Regular Meeting

Oh, sure. Basically, it's a condition. Good morning folks. Welcome to the April 9th, 2026 zoning board of adjustment meeting commencing at 700 a.m. exactly. First, uh if any member of the audience wishes wishes to speak to an item on the agenda today, there are speaker request forms on the table to the left of the dis. Please fill out the request with the agenda number of the item you wish to speak to and hand it to the staff seated on that side of the room. The public hearing on item number one, the approval of the March 26th, 2026 zoning board of adjustment meeting minutes is hereby open.

Motion to approve. All right. Vince made the motion to approve those minutes and Haven seconded that motion. Any discussion on the motion to approve? All those in favor, please say I. I I

Any opposed? Motion carries. Item number two. Good morning, chair, commission. My name is Jenny Bergstrom and I'm a special projects planner. Item 26VA00008 is a request for setback variances for a carport on the property at 1510 West Boulevard. The property owner is requesting to remove a carport on this property and rebuild it um just slightly taller to allow for additional vehicle clearance into the carport. And you can see the carport on this aerial photo as the um building with the red roof. This property is zoned low density residential district 1 and the city's future land use plan identifies the property as low density neighborhood. The property is located off of West Boulevard, which is categorized as a collector street on the city's major street plan. And this is the site plan showing the location, the proposed location for the new carport. Um, it is important to point out this is the same location as the existing carport. Um, it will just be it will have the same dimensions as the existing carport, but it will be shifted 2.3 ft to the south so that the carport will um align with the wall of the attached garage and it will be located 5 ft from the

side setback to the north. Uh just like the existing carport, the new carport will extend off of the existing garage and it is an attached garage. Um and it will extend towards the alleyway in the rear of the property. Uh it is important to the applicant that that carport be attached to the garage um to protect provide protection from the weather elements. So, the applicant is requesting a setback variance to reduce the north sideyard setback to 5t instead of 8 ft. And they are also requesting a setback variance to reduce the rear yard setback to the east to 15.8 ft instead of 25 ft. This is a rendering of the proposed new carport. It will be 19 feet 8 in wide by 18 foot one inch long. Uh this is the same dimensions as the existing carport is now. The new carport will be in line however with the existing garage wall along that north property line. Uh the existing carport is currently only 2.7 ft from that north side property line. So, the new carport will have less of an encroachment into that setback. Uh, there is a porch area on top of the existing garage now that you can see in this rendering. And with the new carport, although it will be slightly higher than the old, it will not be high enough to obstruct that that porch area on top of the garage. This is a picture showing the existing carport as it is now. Um they are proposing again to remove this carport

and rebuild it. Uh this carport, the existing one was built in 1964 and currently only has a clearance for vehicles of 6'7 in which does not accommodate some of the more modern vehicles today. Um, as I said before, the new carport will be shifted the 2.3 ft to the south towards the backyard area as shown here. Uh, to align with that garage. Uh, it is also important to point out that this property is within the West Boulevard historic district. So, this project will uh be required to undergo a historic review process and be approved before a building permit may be issued. Just got some more pictures showing different views of this existing carport as it is now. Looking from the alley looking towards that adjoining property to the north. This is a picture looking to give you an idea of that that garage and how that looks with the carport. This is taken from the backyard looking at the side. and a picture from the alley to give you a better idea of how that aligns with that property to the north. And then these are just some additional pictures. This gives an idea showing that 5-ft setback. This is the a picture of the wall of the attached garage and the new carport would be in line with that. And this is a picture of the backyard area. As you can see, there is a large tree also located in the backyard. Um, as well as a small shed.

Just going to flip back to this picture here. Um so w with that staff is recommending approval of this variance request finding that the requested variance appears to be the minimum adjustment necessary to construct an attached carport that can provide adequate clearance to taller modern vehicles. It has the same dimensions as the existing carport which has existed for many years. Any other placement of the carport in the backyard area would significantly reduce the usable size of the backyard area and would also require an extension of the driveway and the loss of um a portion of that established fence line along the alley. The granting of this variance does not appear to be injurous to the neighborhood or in conflict with the city's comprehensive plan. The existing carport is currently already encroaching into the setbacks and the new carport would result in less of an encroachment. With that, staff is recommending approval of the variance request with the stipulation stated in the report that the required historic review be approved before a building permit is issued. And we do have the property owners in the audience with us today if you have any questions. And I'll stand for questions.

Mr. Chair. Thank you. Vicki, if I could add, um, while this does improve the sideyard setback, uh, it w was not determined that it would create any drainage or utility issues as well. So, we're hopeful that the zoning board of adjustment supports this uh, to improve that sideyard setback and just to refresh the appearance of this structure uh, from its current condition. All right. Thanks, Vicki. Any questions or comments from the commission?

Okay. Uh, Haven Stock is moving to approve this with the stipulation. Uh, would your criteria be that this is the minimum adjustment necessary and not injurious to the neighborhood? Yes, I'll second that.

Okay. Uh Vince seconded that motion and Pat Rosland comments. Thank you. Uh I live just a couple blocks away from this this home and I did a little walk around the other day and whatever uh improvements that's going to be done with this building will not be seen from the West Boulevard. If is it's very little, very minimal. So, I really think that this is improvement for this area and I uh applaud any any improvement in the West Boulevard district that would create a better living conditions and quality of life for those who living here. So, I will support this. Thank you.

Thanks, Pat. Eric Kikus. Thank you, Mr. Chair. I really enjoyed the perspective that was drawn. Those vanishing point perspectives are tough. my architectural professor would agree. So, thank you for that. [snorts] That was a good call out. It was an impressive drawing. Better than I can do. Anything else on this item from the I guess it's the board, not the commission. All right. All those in favor of the motion to approve this variance, please say I. I. I. Any opposed? Motion carries. That takes us to item number three.

Good morning, Board of Adjustment. Item number three before you is a variance request um to reduce the minimum required parking by 23 spaces to allow for a seasonal greenhouse with outdoor sales and a Christmas tree sale lot and to wave the required 6ft tall screening fence for a garden center. So, we are at the property located at 770 Mountain View Road. This is the location of the RC hardware um store. What they are proposing to do, this was continued from your last zoning board of adjustment meeting. They were still working out um some things with regards to parking agreements on the property. Um so what they are proposing to do is there is a seasonal greenhouse um as many of you probably know that goes up on this property. Um it has gone up on this property since roughly 2000. Um little back history on that greenhouse. In 2006, the board of adjustment approved a variance that reduced the minimum parking requirement on this property um for the uses that existed at that time and that did include 12 spaces being allowed to be occupied by the greenhouse. Um then in 2018 there was an administrative zoning exception that was approved that reduced the parking um for the entire shopping center um all four of the tenants that are in there um from 187 spaces to 155 spaces. Um with that administrative exception in 2018 there was no specific reference to the greenhouse or how much of the parking lot the greenhouse occupied um when it went up. So over the years since um this greenhouse has started going up the size, location and operation of the greenhouse has evolved and it's changed um based on popularity and demand. So with this request, they are proposing to continue operating the greenhouse um and the Christmas tree sales lot like they

have been um but within 23 parking spaces um that it currently occupies which is larger than the 12 spaces that were originally approved in 2006. So I wanted to give some back history on why that um why this variance is even in front of you. So, this property is zoned general commercial district with a future land use of mixeduse commercial and access to this property is off of Jackson Boulevard. There is also access off of um Mountain View Road as well. Both are classified as principal arterial streets on the major street plan. So, this is kind of a small rendering of the entire parking lot. This area right in here is where the greenhouse occupies. Um, so this rendering gives you a little bit more detail of the area that's actually occupied by the greenhouse structure and then the outdoor storage area um that is around the greenhouse area. They are also proposing a storage area on the back side of this northernmost um parking aisle. Um, so when staff was looking at this, um, we were looking at whether or not having the greenhouse occupying more than the minimum or the allowed 12 spaces, um, would do anything with regard to reducing traffic or restricting traffic flow or encroaching or anything along those lines. We were also looking with regard to the screening fence of whether or not um it meets not having a screening fence would still meet the purpose and intent um to maintain aesthetic appeal um which is really the purpose of a screening fence um in this regard. So currently there's 178 parking spaces on this property. Um that does exceed the minimum 155 parking spaces that were permitted by the administrative exception in 2018 by those 23 spaces. Those are the 23 spaces that they are proposing to allow the

greenhouse and the Christmas tree sale lot um to occupy. They do need a temporary use permit each year for this greenhouse, which they do obtain. Um I do want to point out there are currently three shared parking agreements that affect this property. Um the first parking agreement is a reciprocal agreement with the Safeway store directly to the north. That agreement essentially allows for reciprocal parking and access between Safeway and this shopping mall um parking area. Um the second one um as you all know is the Chick-fil-A agreement. Um the Chick-fil-A agreement dedicates four spaces on this property for Chick-fil-A use. Um so those are the spaces that directly abut the Chick-fil-A property on its east side. Um, and it does also allow for the two Chick-fil-A stacking lanes to stack on the west side of this property, if you guys will remember that with the Chick-fil-A variants. The third shared parking agreement that they have is with Kelly's Sports Lounge. Um, so that agreement provides parking privileges on this property to patrons of Kelly's Sports Lounge. Um, and in that um agreement, there is language that says that it is a non-exclusive basis. So, um, we have reviewed this parking agreement. It currently does not appear to limit the number or location of parking spaces that can be used by Kelly's customers. Um, I do want to point out that the applicant has provided verification that this parking agreement with Kelly's Sports Bar will end on April 30th, meaning that patrons of Kelly's Sports Bar will no longer be allowed to park on this property. Um, so that does take away that shared parking agreement at the end of this month. So, if the variance request is approved by the zoning board of adjustment, staff is recommending that there be no additional parking agreements that are entered into

which give parking privileges to offsite users for this property. Um, also as part of the construction for Chick-fil-A, um, they are going to be restriping and redoing, reconfiguring this property, um, when the Chick-fil-A does come to fruition, um, which is probably in the next year or so, that will actually result in a net increase of parking spaces on this property, um, which will help this this situation with regard to the greenhouse occupying parking spaces. So staff, if this is approved, is also recommending that this variance allow for the greenhouse and its accessory things to be allowed for the 2026 season. Um, and then any future use will need to come in for a subsequent variance later. Um, so that we can re-evaluate the changes that have been made on the property once the Chick-fil-A comes to fruition and this parking lot is redone. Um, so I do want to point out that [clears throat] some of the things that are stored outside for this greenhouse with regard to the screening fence, um, they are adjacent to the greenhouse as you can see in this picture up here. And then this storage area is something new that they are proposing um, with this variance request. So adjacent to the greenhouse, as many of you know, um, the things that are outside are things like trees, shrubs, plants um, that they offer for sale. Um and then in that storage area up there, that is where they are proposing to contain their bags of mulch, bags of soil, things along those lines that have previously kind of been in different areas of the parking lot. Um but they are proposing to develop this designated storage area. Um the idea for this storage area is to allow it to be an 8 foot wide section of that northernmost parking aisle for the

purpose of ease of access. So when somebody buys a bag of soil, they can just back up to that, throw it in their vehicle and pull away. Um so that is what that storage area is intended to be used for. Um a screening fence, a 6ft tall screening fence as required by code um would prohibit that ease of access and kind of take away that intention of what that storage area is for. It may also lead to continual maintenance of the fence to keep it secured if people back into it. Um, you know, drop a bag of mulch on it, something along those lines. And with regard to the things that are around the greenhouse, a 6ft tall screening fence would obviously inhibit the ability to be able to see um readily what is available for sale outside of the greenhouse. Um so there are no special circumstances on this property with regard to um dimension or lot size or anything along those lines um that would support this variance request. This request is largely driven just by the preferred size of the greenhouse and location of the greenhouse and its operation um rather than any sort of unique physical characteristics of the property. um the size of this greenhouse could realistically be reduced um to only encompass the 12 spaces that were approved in 2006. Um so those are some of the things that staff was looking at when we analyzed this variance request. Um, ultimately staff is putting this in front of you as an if you deem that this meets the criteria for approval of a variance, you could approve this request with the stipulations that are noted in the staff report. If you determine that this does not meet the criteria of a variance, um, this request could be denied. If you did decide to approve the variance, um some of the criteria um that would be applicable would be that

garden centers um are a permitted use in the general commercial district. Um the anticipated reconfiguration and restriping of the parking lot um will allow for this to be considered again next year. Um so this variance request would just be an approval for one year this just this 2026 season. Um, and if approved, there would be no additional shared parking agreements that would be allowed to be entered into on the property that would give any sort of off-site user um, access parking privileges on this property. If you were to determine that this does not meet the criteria for a variance, um, the criteria that would be applicable would be that there are no special circumstances or conditions um, that pertain to this property and that reasonable use of the land does exist. Um, and the requested variance is not the minimum adjustment that's necessary. So, I will stand for any questions. Um, this is kind of an overview shot of what the greenhouse currently occupies on the property. So, you can see the white there is the tent and then outside they have all of this storage area. Um, they do put up a wooden fence around there too. It's just not a screening fence. Um, and then here's a shot of the parking lot. I think we're all pretty familiar with this parking lot. Um, so I will stand for any questions. The applicant um is also in the audience today as well as representatives from RC Hardware too.

Mr. Chair, Vicki, if I could, Cassie, could you go back to the site plan that's um detailed? Yeah, that one.

Thank you. So, uh I am sure many of you uh have driven by or maybe even gone to this greenhouse over the years. And one thing I will say about this location is as Cassie showed in the aerial um the previous location of the greenhouse actually blocked one of the access aisles. And what they're doing now is they're restraining that, pulling that back in so that we do have that circulation. Um that was one of the concerns that we discussed when we were uh speaking about the Chick-fil-A varants. Um another thing that I must admit is uh somewhere over the years and we're talking several years uh the city has been issuing a temporary use permit that far exceeded the 12 parking spots. And as such, um, the manager, uh, of Rapid City Hardware has, um, ordered that tent year after year. I'm sure it's sitting there right now ready to be constructed. Uh, and so we've created a hardship for them if we go back to just the 12 spaces. the fact that we're only uh uh recommending that if you should choose to approve this uh that it be for one year. We believe that when this property is restriped uh in probably 2627 uh this variance will no longer be needed. They'll have sufficient parking to do this.

Thank you. We have a few speaker request forms on this item. Um go to those now. Dan French, if you'd like to approach uh once the speakers are at the microphone, if you could identify yourself and your relationship to the project, we'd appreciate it. Thank you. Uh good morning. My name is Dan French. I am the store manager with Rapid City Hardware. Um as has been mentioned, uh we have operated this seasonal greenhouse since since uh year 2000. Uh so we are going on our 26th year of of this. Um, it has evolved over time. Um, it is an instrumental part of of our business. Uh, it provides a service that is not seen from other retailers on the west side of Rapid City. Um, we have coexisted with our with our co-enants um and and uh done very well. Have not had any issues. Um, parking has not been an issue. I have agreed to reduce the size, bring it back within within our limits. Um, and I think we can still make this a very viable option uh for the store and for the area community. Uh, so I I do ask that uh you approve. Um, and uh, the one-year contingency, uh, I understand, you know, with the reconfiguration that is coming in the future uh, for for the parking lot, the the future variance may not be needed. So, um, if by chance um, a future variance is needed, we'll see you in a year if you approve this today. Thank you.

Thank you. Appreciate it. Uh Jeremy Orstad.

Good morning. My name is Jeremy Offstead. I'm with Kelly Sports Lounge. Uh I got my notice of eviction of lease termination on March 26th that I will be no longer having any parking at the end of April. So May starting May 1st. Um, I've been renting [clears throat] from Black Hills Properties for over 40 years for parking and I am considering or asking your permission. The greenhouse is [clears throat] open probably four months out of the year. I'm asking for them four months if we could do a shared parking from 7:00 at night when they close to 7:00 in the morning because my patrons were open until 2:00 in the morning. I'm just asking if we could do something like that and then the other eight months out of the year to retain 20 spots is what I'm looking for. I don't know if that's something that you guys are considering would be cons offered to consider or what not on this or

Mr. Chair Vicki.

So the city does not have the authority or right to negotiate a parking agreement between Kelly Sports Bar [clears throat] and this property owner. Uh I think uh what the conversation really bodess to is would the city look at the stipulation that says no parking agreements shall be entered into in the future? um that that stipulation be revised to allow some consideration for 20 parking spaces for Kelly's Sports Bar um with limited hours that wouldn't interfere with the patrons of the greenhouse. Whether or not this property owner is willing to do that um is not something that we can speak to on behalf of that property owner. Yeah, that's a a good summary of it.

And and I'm glad that you're here today uh because this is very concerning. Uh when we stood up Kelly's sports bar conditional use permit, it showed that uh to meet the required parking, they walked in with a parking agreement. Um actually two of them, one for this property. So, the fact that this parking agreement has been um ceased puts that conditional use permit in violation. Uh and our intent was to be calling the owner of Kelly saying, "We need to sit down and visit. Obviously, we all want to see Kelly's Sports Bar stay open, but if they're not being allowed to park anywhere on any adjacent property, they do not have enough parking for the patrons that go to Kelly's

and that's for a discussion outside of this review. That's what I was going to say. Again, can't can't make deals here between property owners, correct? Just between the city and and property owners. So, appreciate your comments. Do you have anything else you wanted to add? No, I'm just just voicing my opinion. I'm sorry. Yeah, no, no worries. Glad you're here. Thank you.

Thank you, Pat Vidal. Good morning. I'm Pat Vidal. I'm the manager of JB Properties, who owns this property on the parking lot. Um, a couple of things that were not mentioned in the project report that might have some bearing on your decision is the storage area that's on top of the pitcher. That was basically started for the purpose of providing snow storage where we could plow the snow up into that area. And it just happens to be that during the spring and summer months, we're not going to use it for sto snow snow storage. So, so RC Hardware could certainly use it for for their stuff, which we think would require them because of its shape, it would require them to organize their stuff and make it look a lot nicer than what it looks like right now. Right now, it's scattered all over the parking lot and we don't like that. So, just wanted to let you know that. Um as far as the greenhouse green houses size or the green houses area is concerned, we call it the seasonal sales area. They in the past few years it's been up to they've been using up to 32 parking spots for that area plus an aisleway. And we've got that reduced now to 23 parking spots and no aisle way. So, right there, we're saving quite a few parking stalls that can be used for other purposes besides the greenhouse. Um, regarding the stipulations that the the staff has put on, I can understand why they've put them on. They have to follow

the codes and they're doing that very well. the they have a stipulation that um well, we've talked about the temporary use permit, so I won't discuss that one. At one time, it was mentioned to me that the greenhouse would not be able to start up until April 30th when Kelly's parking lot lease terminates. I am hoping that they've, you know, they've only got three months to operate this greenhouse. April is one of the months. So, they're going to lose onethird of their operating time if they have to wait till the 30th. So, I would hope that you would be able to allow them to this, you know, if you approve this to to um to to start setting up their their building and and operating it as soon as they can and make use of those 21 days in April that might help them with their business. Um, regarding Kelly's, okay, Kelly's, we were basically told that in order to allow this greenhouse, we could not have Kelly's parking lot lease in effect anymore. So, that's why we terminated it. Okay? and we did not like doing that because we have been, you know, operating with them for decades. Um, the original lease with Kelly's was supposed to be for 20 parking lot stalls and that's what it always has been as far as we're concerned. That's what we've been charging them rent for. That's what they've been paying rent for. What happened was we we redid our lease

in 2024. And when we redid the lease, our property manager failed to include four three words, I think, in it that said, you know, parking privileges blah blah blah blah blah. And then and then it said, see attached see attachment one or something like that. And that attachment showed that they were supposed to be able to use 20 parking stalls. she failed to include those words in the new lease form that she used. So, so the city's attorney rightfully interpreted had to interpret that to mean that they had full use of our parking lot. And and admittedly, their patrons are using way more than 20 parking spots of our parking lot. Now, I go to Safeway about every day of the week, and I drive through that parking lot a lot, and I have never seen that parking lot totally full, day or night, during any time of the year. There's always some vacancies. And this is with and this is when the greenhouse is operating and when Kelly's is open. So, so we've got the spots there. We may not be meet meeting the the minimum required parking, but the spots are there for for Kelly's patrons. The spots are there for the greenhouse and its patrons, and the spots are there for our building's tenants patrons. So, I'm asking you, you know, Jeremy's right to ask you for some compassion and to possibly let him if he needs to. He I know he's looking for parking and it's parking is dear in that area. It's hard to find. So if he can't find it, rather than shutting him down, we would be willing if you would be willing to let him use some of our parking spots

and but that's up to you. We're, you know, we're going to go by with what you say. But but if if he needs 10 or 20 spots, we have them and we would be willing to let him use them on a temporary basis until he can find replacements for him elsewhere. But we we sure don't want to see Kelly's shut down. Mr. Chair, Vicki,

a couple points of clarity. Um, we did review the uh um most recent parking agreement um that was in place with Kelly's and there's language in there that specifically states this is a non-exclusive parking agreement meaning Kelly's can use every parking spot that they want on this property uh by virtue of uh u this agreement being executed. So, what we visited with Pat about is that um number one, we should not have uh brought the Chick-fil-A variance forward with the recommendation uh or work through that one to get it approved. Um because they didn't have any extra parking based on that. Um and so the concern is that if they are going to enter into an agreement that it be limited. When Kelly's came in and got their conditional use permit, they identified and provided a parking agreement that did ex uh reference an exhibit A on this property and it provided 28 parking spots. So, that's what they need back in order to lock down that conditional use permit. Again, um referencing uh deferring this um permit until for the for the tent until April 30th. What Cassie had shared is that um because the parking agreement with Kelly's is voided April 30th, if you wait to put the tent up until then, you don't need a variance. You've got enough parking. If you want to get the permit before then, you need the variance. And Dan needs the permit now. Hence, the variances before you today. So again, I go back to if it is your desire to grant this variance, there could be some language um revisions to the stipulation that speaks

to um that a parking agreement with Kelly's may be allowed uh for a maximum of 28 spaces. Um uh but that that the the uh time that that that parking can be used is not in conflict with the tent and um again I'm not sure what hours were proposed. Maybe that could be clarified again so that we do have sufficient parking. We certainly don't want to do this to a point where we're pushing all our parking on to Safeway. All right. Thanks Vicki. Mr. Vidal, while you're still up, I had one I'm sorry. Do you have other comments? Can I can I speak to the possibility of leasing to them at night?

Okay.

Okay. We will have of of our four tenants in the in our building, three of them will be closed either at 7:00 or 8:00. Okay. When that happens, the the remaining tenant will be uh the Blue Heron restaurant and then the then the greenhouse when it's there will be on the parking lot. When the greenhouse is there and then the blue blue her in restaurant is open. My guess is that we would still have 125 parking stalls empty in the parking lot because of the other just that the greenhouse and the blue heron would require the what [clears throat] would that be? 50. Let's see. 20 23 for the greenhouse. And I think the the Blue Heron I don't even think they have 30 tables in their restaurants. So So that's 55. But there'd be about 125 parking stalls just sitting there empty. So Kelly's certainly could use those if the city would allow it. Again, if the city won't allow it, we'll abide by the city's decision. We're not going to sign a lease. If we sign a lease with Kelly's of any type, it's going to be a change in use. We're going to have to come to Vicki for it.

U I'm just I just don't want to see Kelly's have to be shut down. That may be unavoidable at this point. If Kelly's also has a a cup that they have to work on, they there might have to be another application for Kelly's. Oh, I suspect there will be. Um my question was on the storage area. How do you is that something that would be striped to delineate the 8 ft? Yes. Or that would be the I assume there would be no structure by 172 foot rectangle striped

and then you the I shouldn't say you but the owner of the property would enforce the you know don't store outside of this. Oh yes. Okay. Yeah. No, it's this this all came down hard on Dan. Okay. [laughter] when I discovered what was going on here and I said, "Well, this has got to stop." And but that if the fence goes up around that storage area, we can't put snow on it. Understood. So, that's another reason we're requesting that this fence not be required. Okay. Okay. We've got a bunch of commissioners that want to speak now. We might call you back up if there's questions. So, Okay. Feel free,

Haven. Uh, thank you. Uh, so the way I understand it, the current request for space for the greenhouse area is the same space that has been used for the greenhouse the last two or three or four years. Is that uh correct,

Mr. Chair? Um, no. As uh Cassie showed, this is actually an improved location. Uh the previous location with the greenhouse and the outdoor storage took up uh about 10 more spaces and an access aisle was blocked. So Cassie, can you kind of outline where the fence is around the outdoor storage? So it kind of goes along here is where that fencing was. So right in between here, this is an access aisle. And then this is So you've got the this half of this parking aisle, a drive aisle, and then this half of a parking aisle. So you're essenti essentially was taking up two parking aisles and an access aisle.

So the current request is actually less than they have used the last few years, many years. Yes. And we we were talking about the greenhouse, but the the application also refers to a Christmas tree sales. Is that the same area that we're talking about for the greenhouse? Yes. And again, um Dan has been doing that for years as well. Yes. and the storage area that's marked here in this exhibit. Uh uh I uh I understand that that does not in uh take up any uh parking spaces. It's separate from the existing parking.

Correct. Yes. It's an 8ft section on the back side of that parking aisle, but it still provides um the minimum depth requirement for parking stalls. And this request seems to be from Rapid City uh RC Hardware. Uh but that's only one of about what four or five businesses in that uh uh mall. I guess I'm a little confused as to uh uh the other businesses are they affected by this or uh what consent has been given to the other businesses? Mr. Chair Vicki,

this application is from the owner of the property. We couldn't even have it before you if the owner of the property hadn't signed this. So Pat Vidal manages the property for the owners. However, uh Dan French, manager of the hardware store, is one of four tenants. And so I am sure that Pat, as he has in the past, once they authorize this, um, he will work with his other tenants if there's issues with anything as a result of the greenhouse. And I'd like to add just real quick, you mentioned, sorry, got Mr. French, would you like to add anything?

Yes, please. Uh you had you had asked about the uh Christmas tree lot that is put up and and that we do not put up a tent or a building for the Christmas tree lot. Uh and we use a much more limited space only about six six to eight spaces. Uh we do put up a fence. Uh and it is very seasonal from you know the week before Thanksgiving up till Christmas. Mr. Chair, that is actually a good point. Um because of that reduced encumbrance, if it should snow ever again around Christmas, they would have area then for snow removal.

All right, Eric Hikus. Thank you, Mr. Chair. Uh question the storage area. Can can we talk a little bit about that? Um there's a parking space on the lower portion of that uh on the east side. Uh would that be a fulls size standard parking space considering the geometry proposed for the storage area? Meets the minimum requirements. Yes, it does.

Would there be items in the storage area like 6 feet tall, 4t tall? What what are we talking about in there? I guess would that I'm I'm this is a leading question. Is that area going to be, you know, creating visibility issues or hiding places or things like that that uh could be a safety concern for evening patrons of the restaurant, that sort of thing. I guess I'm I'm asking. So, uh Mr. Chair, maybe Dan can help us out. I mean, if they're going to stack soil and fertilizer bags, you can only go so high before they start toppling over. Fair enough. Dan, how tall do you usually stack those? Single pallets, nothing will be double stacked. Uh, pallets are anywhere from four to six feet tall, depending on the product.

Okay. Um, I have a little bit of concern about the site corridors and safety in that area if we have all that stuff. Um,

and then I just would put up a comment about, you know, the the time of use for Kelly's and the patrons of this facility that, you know, those businesses are closed at 7 and then Kelly's opens or that's when they're that seems like a pretty good basis for a you shared parking agreement for those times. Logically, I support that. Um, I just wanted to kind of talk through the storage area. Um, and then like you know the evening patrons of Blue Heron, they're going to be in that area uh where that storage is by those green houses. Are we does there enough lighting in there for them to be safe? That sort of thing. Um, if if there is all that. Has there been any issues uh with, you know, vandalism or or uh crime as a result of that in the past? I'm I'm I'm sorry to lead with this one, but Right.

Mr. Vidal. Yeah. [snorts] I'd have to let Dan answer that question. He does the inventory. As far as vandalism and lighting, uh lighting, I do believe there is adequate lighting um in on on both ends uh east and west of that storage area proposal. Uh there is a light uh and then uh right under the front of the greenhouse, there is a light as well. So, uh it's well lit. It should be safe for uh black dots are lights. Okay lights.

Okay. The black dots, as Pat said, are are light poles. Uh and they do all work. As far as crime or vandalism, um it's minimal, no different than any other area. True. Thank you, Chip. I know you're not a police officer, but do you have any concern with this layout as is proposed with safety, patrollability, crime prevention through environmental design, etc.? Sorry, [snorts] I'm putting you on the spot here, Jim. Mr. Chair, um, no, we don't have any concern. Actually, what they're doing here is improving what they've done in the past and overall for the site and for all the tenants involved. I think it's it's a good idea.

Very helpful. Thank you. With respect to your question about about the story, Mr. Vidal, would you like to add anything? Yes. Yes, please. With respect to your uh what was I going to say now? Oh, with respect to your question about the storage area, please understand that that's a storage area for RC Hardware only while their greenhouse is up. I see. Okay. It's during the during the other months of the year, they're going to have if they have any inventory left over, it's going to have to go off the parking lot because we're going to need it for snow storage. Thank you for answering my questions. Appreciate it.

Kinsley, city attorney.

Thank you. I'd like to note, Mr. Chair, for the record, that Anytime Fitness is actually open 24 hours a day and seven days a week. I know there's a discussion about Blue Heron being open later, but Anytime Fitness is open all of the time. So, that is one thing to consider. Um, as for what's going on with Kelly's and their CUP, that could be something that could be discussed outside of this meeting because obviously that would take the consideration of an actual agreement and review of that agreement. And so, that could be discussed outside of this meeting. uh and this variance. It could be something where you could grant this today with the conditions that are noted already with those stipulations and then in the future uh this could be brought back revoked in favor of a different variance that allows something um having to do with Kelly. So that is an option for the board today. Kinsley, since you brought it up, I just want to hammer on that last thing you said. If these seem like separate issues, what we're talking about today versus what we would talk about with Kelly's, does that stipulate do we have to change this item in order to hear a separate item on Kelly's or would it make sense to change the stipulation on this to allow discussion of a future item with Kelly's? So, we just had to hear one application or

Well, I'm kind of getting off the topic here. That's where I think that it could actually be that, you know, this one could be revoked in favor of a different variance or amended in some way. So, I think it that could be brought back at a future meeting after potentially there are more staff discussions. So, I don't think you need to amend things right now. Uh,

okay. I I'm just going to say for everybody, I was mistaken. I was thinking of we'd have to discuss this property whether it's on Kelly's or RC Hardware or anything and the whatever the stipulation is stays with the property. So, it does. But just a point of clarification, uh, if this variance is granted today and it's granted with the stipulation that no parking agreements be entered into with anyone going forward, then Kelly's uh, as of April 30th has lost any parking rights to this property.

Okay. [clears throat] Thank you, Karen Bowen. I'm sorry, Kinsley. Are you finished with your comments? I lost you. Do I need to? Sorry, I don't I don't have you up anymore on your mic. Are you finished with your comments? Thank you. I just turned off my mic, so I'm finished. Thank you, Karen.

Thank you, Mr. Chair. This is good good discussion up here. This is a a complicated parking area and a lot of things have to go on. I think the the way they are doing uh the the new configuration for the hardware store, I think that's much improved. And so I think we all agree with that. I [clears throat] I am concerned about the same thing that we we talked about with Kelly's. I think that there should be a way that they don't have to wait for a month or whatever. So, they'll be out of compliance if we can change that last comment to say with the exception of having Kelly's come back forward or or something like that. I know Vicki, you mentioned something about how that could be worded, but I think that would be appropriate at this point so that we can still move forward with what we're doing today with the better striping. I think that needs to be striped and I think that's going to be much improved. Um I I I just don't think we should stop one business because of this whole parking issue. I just think there should be a way that we can make this work. It'll take some time, I know, but as of April 30th, that's not that far away and and that's kind of hard to make all the things work. So, if Vicki, if you can tell me that what that language would be or remind us, I don't or maybe I should make a motion to include that because I think we should go forward with this uh variance at this point, but I don't know which way to go. Was it a waiter?

Vicki, maybe some thoughts on a stipulation.

I I think if we change stipulation number two to read that no additional parking agreements beyond those that currently exist with Safeway and Chick-fil-A shall be entered into without the review and approval of the city. And so then we can deal with the Kelly situation outside of this meeting room. Um so that if there is a parking agreement that demonstrate there's alternate hours of operation. so that there is sufficient parking on site when Kelly primarily needs the parking, which is usually later evening. Um, then we could try to work with the two property owners to find a solution. But we would want that agreement uh to be submitted to the city. The city would be a partner of that agreement so it could not be uh dissolved going forward in the future. Um, and certainly we would want the attorney's office to give final approval. Good comments. Um, I guess in in light of that, I would make a motion that we approve this variance with that stipulation to allow Kelly's to work it out. And uh, with the the reason that this is a special circumstance, the area is just it's so complicated. It is a special circumstance. I don't know if you need any other things to add to that,

Vicki. of perhaps uh noting that it is a use that would otherwise be allowed. Thank you. I agree with that. Second. All right. [clears throat] Karen made the motion as she stated and just to clarify, she is accepting the first and third stipulations as listed, but changing the second one to read that no additional parking agreements beyond those that currently exist shall be entered into without being submitted for city approval. Is that correct? Uh submitted for review and approval by the city. submitted for review and approval by the city. Thank you.

There we go. Karen made that motion. Eric Hikas seconded the motion. Uh comments on the motion. Vince Fidal. Uh thank you, Chair. Um yeah, you know, due to the anticipated reconfiguration and the resting restriping of that parking lot, uh the variance request, uh you know, it sounds reasonable and and we just added a new stipulation again because you know, no additional parking agreements beyond those currently exist with Safeway and Chick-fil-A has was was one of the stipulations, but now we're going to set up another opportunity for Kelly to come in. Kelly used to come in and and set up a parking agreement with the city's review and approval. Am I correct on that? Yes.

Yep. Okay. Thank you, Kinsley.

Thank you, Mr. Chair. [clears throat] Um, I think one of the issues is that the way the recommendation has been worded talks about reducing the minimum required parking spaces by 23. And so obviously there's when the greenhouse is seasonally in use, it's going to take up a certain number of spaces and whatnot. So, I think if you're going to actually allow this concept of Kelly's to take up some spaces, I think that needs to be changed so that you designate how many spaces Kelly's could actually take up that relates to this variance.

Mr. Chair, Vicki

Kinsley, could you help us with what that language would sound like? Um, Kelly's needs 28 for their cup to be valid. Well, then it would be to have the 23 spaces to allow for the seasonal greenhouse with outdoor sales and a Christmas tree sale lot and also to reduce the minimum required parking spaces by an additional 28 spaces to allow for some sort of a shared parking agreement with Kelly's. I don't mean to be dense, but can't we do that in a separate application if we allow another, you know, parking agreement by changing stipulation too?

Yeah. We allow for another parking agreement to come forward.

Uh while I I rely and respect Kinsley's opinion so much, uh putting that in the actual language that is we didn't advertise for that. I don't think that we can do that in this meeting to grant to reduce the parking by another 28. Um I would suggest that we go with the revised stipulation number two. And if as a part of entering into that agreement with Kelly's down the road, this property owner has to come back for a separate variance, then I think we could handle it that way. But that would let Dan move forward today with the greenhouse. So, I would default back to the revised stipulation that um you mentioned previously,

Kinsley. Mr. share. Yeah, that's that was precisely my point is that with my initial comments beginning was saying that we you need to somehow provide for how many spaces Kelly's would potentially be taking up. But if you want to do it as something in the future for a future variance or a change to this one, that would be okay. But that was my point with my prior comment was that you need to address that number of spaces that could be taken up by by Kelly's. Okay. All right. Eric Hikus comments on the motion.

Uh thank you, Mr. Chair. Just a footnote, the the key growing time for greenhouse production is of course like right now. So I get the urgency of the ask. So I also appreciate it. Thank you. All right. Any other questions or comments? The motion on the floor is to approve this variance with the stipulation number two changed as discussed. All those in favor, please say I. I. I. Are there any opposed?

Motion carries. Item number four. Weird.

Where is How's it not showing up on here? Good morning, chair, planning commission or ZVA actually for this one. So, there's two applications here that are related to the same property and the same proposal. This is at 5280 Pinedale Circle. Um, first we're going to talk about the variance request for the setbacks and then on the planning commission agenda, we have a conditional use permit for the oversized garage. I'll speak a little bit to the oversized garage with this variance request because we are actually recommending approval on the conditional use permit because the size of the garage is is not necessarily substantial. This is a a regular lot. So there's constraints when it comes to placement and those sorts of things. But for the variance particularly on the front setback request. So there's two requests here. One being the front set front yard setback from 20 ft to 8.4t 4 ft and then to reduce also the section line set back in the rear um from 58 ft to 33.5 ft. So the concern and the reason that we didn't put a recommendation forward with the variance um but we did with the conditional use permit is that front setback particularly. So this the section line setback um we do a larger setback on the section line. [clears throat] So, we assume that if that section line um is ever needed to be dedicated and improved in the future that you would do 33 ft of right of way and then you have your 25 ft that's the 58 that we get to the total of um for the setback from the edge of that right of way to buildings in this area. It's

very unlikely based on the topography. There is um a lot of sloping this direction in this direction from here. Um it's a little more flat up in this area, but it's very unlikely that it would actually be improved with a street. And so in this situation, while we do want to maintain that 33 ft of the section line uh right of way, we wouldn't necessarily need the step back to the building. in this situation, you'll see the the house itself actually is already there. So, we're in Sorry, I skipped these. We're in low density residential, so it's a residential neighborhood. Um, we're kind of up here in this area. So, it's a very um the road there is pretty small. Um, this is what I was talking about. Sorry about that. With the excuse me, the section lines here. This is the 33 ft. You'll notice that the house itself is also in line with that section line but outside of the rideway portion [clears throat] and that's where the garage would be proposed to be placed as well. This is [snorts] the front setback that I was talking about. There is some history here where this property was replatted more recently and so it dedicated additional right ofway on the front property line here more recently in 2016. Some of that was vacated. Um, so where this garage is proposed to be placed is 8.4 feet from that new where the rightway was vacated, that new front setback line. 8.4 ft here. The applicant did enter into an agreement with the city if the city ever needs that right ofway back for improvements to the road that they would rededicate 7 ft of that. So if that ever

happens, it would be 1.4. 4 feet to that new front setback essentially that that new front setback would be 1.4 feet and so that that is really where the concern um came up. So that is the one thing that we would decide is is that 1.4 if that right away is ever needed. So it's kind of a situational thing. the existing road as the applicant has noted here is is quite far from the existing property line. There's there's quite a bit of distance there as well. Um so I'll just go through where we have support and then again it is that front setback is where the concern is. So this proposal there is special circumstance the topography the irregular lot you'll notice this triangle really limits especially with the section line limits where you can go the section line particularly is the minimum set you know request necessary in order to use that portion of the property whether they bring this corner up so this is not as close to the front setback or not they still need that um 33 feet 33.5 ft from the section line as a reduction. And as I noted before, there's not an issue with that. It's consistent with existing development in the area. Um touching to in this one also would not allow a land use that's not permitted in the zoning district. And then we have um not necessarily injurious to the neighborhood. I'll go through and just for reference, it does it looks exactly like the garage on the house and that that'll play more toward the conditional use permit. So, I'll kind of talk about that closer to the end. This area um kind of Pinedale Heights

has a lot of these garages and a lot of them are very close to the road as you'll note here. So, that's why the conditional use permit is not necessarily an issue. It's similar to other development in the neighborhood in the actual placement on the property. So you can see here as well the setback requirement of that 20 ft part of it so they can park in front of it. This lot has a kind of turnaround driveway so they'd be able to have room to park without needing that 20 to 18 feet in front of the garage. So then it really is more of a safety visibility concern. So, so we're not as concerned with being able to park in front of the garage because the garage would be sideloading. Um, this setback issue would be more toward visibility on the street and you can kind of see where Thank you for staking that out where they staked out where the garage would go. So, you can kind of see that distance from the roadway. There's some curves here. There's topography here. I don't know that there would be really concerns with the visibility with it being this close. Again, the only concern was that that 7 ft of rightway that may or may not be needed in the future. Let me just go through these so you can see placement on the site would be difficult in any other area than this. They do have reasonable use of the property. Um, so that was one other criteria that it didn't quite meet. They already have a house and a garage, but this would be to store personal items and vehicles that would otherwise be left outside. So, there is that counter to that where it's things are screened. The garage itself would look a lot like the existing garage. Um, so it actually

improves the aesthetics of the area. So, you can see the other properties are at a higher elevation. they would look over the garage. There's a lot of spacing here and so um staff really didn't have concerns with a lot of the other things associated with the the oversized garage and the section line set back. So we are looking to uh the zoning board of adjustment to make that determination on the front setback whether it looks like there's adequate spacing for again safety visibility even if that that right away so it would be closer to about here even if that rightway is dedicated in the future the applicant and this contractor in the audience as well so if you have questions and I think there is a speaker request form on this and uh I'll stand for any questions. Thank you.

Thank you. I do have a request from Joel Landine if you'd like to address the board. You know, I put in the speaker request. I'm Joeline. You got to identify yourself.

Sorry. Joel Landine. Um my wife Renee and I are the applicants, [snorts] but really I'm just here to answer any questions. Hopefully the letter we provided laid out um the rationale. Um it's just a really really tough lot. Uh we bought the house about 10 years ago and we've been wanting to do this for a while. We have a lot of stuff that unfortunately is stored outside we'd like to get in including my truck as you can see. So um we have motorcycles and other things. So also the house is a little short on storage. Uh there's no basement. There is a crawl space but it's not very accessible. So, um, you know, again, this the cup wasn't really touched upon, but the only reason it's an oversized garage is because I indicated we were going to put a floor above the detached garage and that 400 ft of uh, storage space uh, put us over on the otherwise I could take the floor out and it would be the same, but that that cup is later on the agenda. So, again, if there's any questions, I'd be happy to answer them.

Okay, Mr. chair while we have Joel at the mic. Joel, could um you use the cursive on the laptop show where that point of that garage is going to be in relationship to that tree. I like the last picture better. Well, and it's so there's multiple stakes up there. So the stakes with the orange, I believe, are actually the the property line. The tall. So the smaller stakes are Jessica, can you put the cursor on it? So, Zoning Board of Adjustment can see that the I'm trying to Yeah, I think it's that one or Well, I can't I can't really tell if that's that's corner.

Could be. You know, this whole neighborhood, it's it's kind of strange. If you look If you go to the overhead, [snorts]

the aerial, you can actually see it. If you look at my neighbors across the street, you can see all throughout the neighborhood the rightway is inconsistent width. So at some point my one of my predecessors had replplatted that lot and dedicated additional right ofway. Um so if the city were ever to build there frankly if you've ever been up there and I know Mr. Ron lives up there. But staff can never say never. But the reality is I don't think you could ever build to city street standards up there. The grades, everything, the amount of money it would take for the number of people that live up there. It's frankly just never going to make economic sense. Uh probably the only thing I assume at some point the road will need to be improved, but I'm guessing that the most cost effective is going to be to go through and reassphalt it. Um, if the city were to go through and try to build a wider street section, you're going to have issues because again, the right ofway is narrow all over. So, you're going to have to have a lot of rightway acquisition. I mean, I know rapid map isn't exactly accurate, but you look at my neighbor's house, how close their attached garage is to the right ofway line. You look at the house across um cross and up, it's very close to the right ofway line. if if they were to significantly widen the roadway, it's going to create a lot of issues and a lot of my neighbors don't have agreements agreeing to dedicate back right away. Frankly, when I did that, we were looking at building a fence because we have two dogs and I was trying to get additional room for a fence. We ended up going with an invisible fence, but we went through with the vacation at the time. I suggested that I [clears throat] didn't think that would ever be needed to be dedicated and I was essentially told to put my money where my mouth mouth was and agree to dedicate it back

and if I didn't think it would ever need to be taken and I did. Um I I understand the risk. I know that you know I've agreed to give that back and I would certainly follow that agreement. I just really think it's unlikely that it will ever be an issue based on the topography and the the encroachments and the the additional right of way would be required in the future to to build that road to city street standards.

Vicki u uh this is a great picture. What it it I think it will help all of you understand that the current lot line in relationship to the surface of the street is a significant distance as it abuts um the applicant's property. Uh and I think that that needs to be considered when you're looking at whether or not that front yard setback request is appropriate for this neighborhood. And I do I do think that your special circumstance in this case, these are hard terrains for all of these property owners to try to get the reasonable use of their property established. And so over the years, we've had many, many zoning exceptions and some variances trying to do similar things to what the applicant is proposing to do today.

All right. Joel mentioned it. I I'm not a direct neighbor, but I live in this neighborhood. And including myself, many people have detached garages in this neighborhood. Very many. And the also the everybody's lot is different in this neighborhood. The topography, the prevalence of rock, um, everything makes it uh you're you can't assume that your property is similar to your neighbors up here. Alisa.

Uh, thank you. I have a question that might be more out of um curiosity and not relevance or maybe relevant later on on the agenda, but um I'm wondering with your section and your elevation of the garage you're showing dormers um and are they usable upstairs? In the section, it looks like your loft doesn't have windows and on the elevations it looks like it might be um I guess I'm wondering if it's aesthetic or if those dormers are operable upstairs. Nope. Nope. I think I don't It shows them I mean I think in there um if you go to

there'll be windows. Yeah, there'll be windows there. We did that to match again the existing garage. Uh so it'll look it'll tie in. And then you know part of what's driving this now is in the December windstorm uh a tree clipped our house. So we have need to do the roof and the siding. We were going to do the roof and the siding. So, you know, it'll all match. It'll be the same siding, the same roofing material. Um, but yeah, that'll be usable space up there. I mean, we're not I'm not planning on having it be livable space. Um, we're not doing HVAC. We're not doing any plumbing or anything like that, but the dormers, they'll be windows and they'll be functional. So,

that makes sense. I was just looking at the section of the building and didn't see um didn't see those windows, but I I think that um it doesn't seem like there'll be any issues with visibility for where the garage is located. And it seems like kind of based on some of the detailing you're showing, it'll it'll be consistent with the neighborhood. So, I think this makes sense.

Vince, thank you, Mr. Chair. I'd I'd like to make a motion because I mean we've already uh discussed that uh it is consistent with the development of property and and uh other properties in the surrounding area but also you know because of the the properties related to a lot configuration and the topography and existing improvements that support the placement of this garage. So I'm in favor I'd like to um make a motion to approve. Mr. Chair Vicki

uh friendly amendment approved with the stipulation noted and perhaps a second criteria to the special circumstance that the topography creates that it is uh a use otherwise uh permitted for the garage part of it because if like Joel said if he doesn't do the loft he doesn't need the cup. I couldn't have said that better. I'm sorry. Oh yeah. Yeah. I couldn't have said that better. Thank you Vicki over for the friendly amendment. I agree and that's my motion. All right. And then there was a second. Jeff, does that works for you? All right. Karen Bowman.

Thank you, Mr. Chair. I agree with the the motion. So, I'm supporting that. I just had a question. uh talked about the placement of the garage if it could be tilted so it has a little bit farther away from the edge or if there's a reason that you can't do that because of access to the garage. I just was curious.

Well, I mean certainly having that is more convenient to tie into the existing pavement. Um but there's some there is some drainage. It is flatter on this area, but it's also trying to get the drainage and and just um that power line. I don't think the pictures it's really close. It's and and I don't think the power line actually is exactly straight or or parallel to the house. It kind of it does kind of it does kind of go towards the road as you go past the house. Um it doesn't at first I thought it was exactly parallel to the back of the house but I don't know that it is. So that's part of it too is trying to get that separation from that power line there. Uh the we're kind of constrained in by the power line on both sides a little bit. So on the while on the two sides.

Okay. I was just curious. Thank you. All right. Any other questions or comments on the motion to approve the variance? All those in favor, please say I. I. Any opposed? Motion carries. That's our final item on zoning board of adjustment. I'd look for a motion to adjurnn. Second. Okay. Karen made the motion to adjurnn. Vince seconded that motion. All the those in favor, please say I. I.

I. That brings us to the planning commission meeting for April 9th, 2026, commencing at 8:19 in the morning. If any member of the audience wishes to speak to an item on the planning commission agenda, please grab a speaker request form on the left side of the room, fill it out with the agenda number of the item you wish to speak to, and hand it to the staff seated on that side of the room. Items one through three have been placed on the consent calendar today and may be approved as a group. Action will be taken on all consent items in accordance with staff's recommendation by a single vote. Any item may be removed from the consent calendar by any planning commissioner, staff member, or audience member for separate consideration at this time. The findings of this planning commission are recommendations to the city council. The city council will make the final decision. Are there any items one through three that staff would like removed today?

No, thank you. Are there any items one through three that any planning commissioner would like removed for separate consideration? And are there any items one through three that any audience member would like removed for separate consideration? Chair would then entertain a motion to approve items one through three in accordance with staff's recommendation. Motion to approve items one through three in accordance with the staff's stipulations. All right, Vince made the motion and Pat seconded that motion. Any discussion on the motion? All those in favor, please say I. I. I.

Any opposed? Motion carries. Item number four.

Thank you, Chair Commission. So, this is the conditional use permit that goes with the variance that was just approved. But I'm not going to touch on the setbacks because we've already discussed those in the last one. As the applicant had mentioned in the last um hearing item, the reason for this being considered as an oversized garage is that 400 square ft in the loft space. So with that consideration, that loft space one, it includes the dormer. So that improves the architectural aesthetics of the building, makes it match with the existing garage um that is attached to the structure. So there's not a concern with that additional square footage on the second floor in that regard. Um, I'll talk a little bit about the placement because typically we wouldn't we would leave it to the planning commission to recommend or to decide whether the placement is again this is an irregular lot so there's not an any opportunity to put the detached garage behind the building or in a way that is shielded from view. There are a lot of architectural features that are proposed in the elevations that kind of make up for uh the visibility of the garage. So staff is not recommending any screening on it in that regard. It looks residential in nature. Um the applicant has noted that they're going to be redoing the full exterior of the house and the garage at the same time, so they will match in both materials, color, character, and it should look very residential and fit into the neighborhood. And to that point, this neighborhood does have a number of detached garages as we previously noted. Um, and so again, the location and the size and um, the aesthetics of it all fit the neighborhood. They're not injurious to the surrounding areas. As previously noted, there's a lot of these garages in the area. There's topography

that actually helps with the visibility of these garages so that they're not quite as prominent as well. Again, it is side loading. So, you have that you'll be able to see it kind of this way, but not necessarily this way. It does have that residential character. So, with that said, staff does have some stipulations on this one there. I I didn't note it in the the variance one, but there's a shed that is currently in the section line right ofway, that 33 ft that we discussed with the variance request. So, we're requesting that that gets moved out of the right of way prior to final on the building permit for the garage as kind of a um [clears throat] just so that we can get that done. This is also connected to the variance. So, we did have a stipulation in there. Oh, compromise. That's the word I was looking for. There's there is a stipulation there. Since the variance was approved, it's already met that stipulation. And then the last stipulation would um allow for that total of 1180 square ft um with this proposed 720 foot addition or and I'll note that we didn't really talk about it um a lot in the variance, but there is a proposed addition. It goes out about I think it's 360 square ft of a footprint and then it does do first and second floor that would come out this way. uh that helps the total garage square footage or the footprint of the garages don't exceed it with that addition. So that's why that wasn't part of this. Um so it it is tied to the they need to do that addition as well as the detached garage. Otherwise, we'll have to amend that stipulation as well. So just be aware of that. But otherwise, staff is recommending approval on this. Again, residential in nature. Um there's

topography on this lot that is very constraining and it's going to match the existing home. So again the applicants in the audience and I'll stand for any questions. Thank you Karen Bowman. Thank you Mr. Chair. I just have a question on there's an addition to the house. Is that I know that doesn't require us to make any decisions on it but right here. What is that for? You're just gonna I'll let the applicant explain why they're doing the addition. It does help with the oversized garage requirement. So, okay, Mr. Lindy.

Uh, thank you. Uh, [snorts] you know, the house was built in the late '7s and we have a really nice master bedroom for 1979. Um, the people we bought the house from, they kind of it's an up, my wife calls it an upside down house. So, the bedrooms and stuff are all on the first floor actually when you walk in and then the main living area is on the second floor. So, we've looked at a couple options to try to improve, but it's only got three bedrooms on the the bottom floor and we don't want to lose a bedroom. So, that actually the expansion is going to be our master bedroom and a bathroom tied into. And then because it would look silly to have only one level, um we need to redo the deck and stuff like that too. So what the plan is um and there I don't think there's any of the elevations of the full house, but the second level will be kind of a great room and with fireplace and then uh it'll come out and the deck will actually wrap around the house now and uh there'll be a little deck area out of that and so it'll be kind of a I view it as kind of indooroutdoor room. We're going to put a big slider there and uh so that's what the addition's going to be. So it'll be that's part of it. We'll tie it into the roof and stuff. So

Okay. It that sounds like a big project you got going. No, it is. But okay, that's all I needed to know. Thank you. I appreciate it. All right. Anything else on item four? Permit for an oversized garage. Okay. Second. Karen made the motion to approve item four with the stipulations listed and Vince Vince seconded that motion. Any discussion on the motion to approve? All those in favor, please say I. I. Any opposed? Motion carries. Item number five.

All right. Right. Item number five before you is an item that I'm really excited that I got to be the planner to work on this one. This is a conditional use permit to allow the America 250 Celebration Festival in Memorial Park. Um so this, as you know, is Memorial Park. Memorial Park is zoned flood hazard district. Um, so you often see large gatherings like this come through as a conditional use permit because any structure um or attendance gathering event is a conditional use in the flood hazard district. Future land use of this is parks and greenway and this property is accessed on almost every side. Um, you can get to it from Mount Rushmore Road, you can get to it from North Fifth Street and it also fronts Omaha Street. So what we're looking at today, this is the 3-day celebration festival. the Real America Birthday Bash. This is going to occur July 2nd through July 4th of this year. Attendance is anticipated to be approximately 10,000 people a day um to this event. Um and setup will begin on July 1st and all sites are anticipated to be cleaned up by end of day on July 4th. Um so what they are proposing here, the band shell in Memorial Park will be used for some concert events. They are also going to have various children's activities, some yard games, um fishing and kaying, um in conjunction with um some partners and historical reenactments, food trucks, pop-up vendors. Um there will also be a secured beer garden um that will be offered as well um during um I think Thursday and Sunday of the event and that will be secured by a 4ft tall fence um and operate from approximately 3 p.m. to about 10:30 p.m. on those two days. Um there will also be some things that will draw more crowds to Memorial Park. There will be a drone show, um fireworks display, the Mount Rushmore works or Mount Rushmore fireworks watch party and

um the parade as well. Those things are not necessarily taking place in Memorial Park. Um but they will be things that probably draw a crowd to Memorial Park to watch those things. Um there will be temporary tents of varied sizes, picnic tables, bleachers, um all those things that will be located throughout the park to promote or and support the festival activities. I do also want to note that you'll see on this site plan that there are some things that are noted um down here closer to um Main Street Square in conjunction with this. Main Street Square and Memorial Park are kind of co-hosts of this. Um so there are some events that are taking place in Main Street Square for the celebration festival as well. Main Street Square is not located in the flood hazard district. So none of the things that are going on in Main Street Square require a conditional use permit. So they are not included as part of this. So I just want to point that out. Um we're not intentionally leaving those things out. It's just they are not required to be in here. Um so another thing um that I do want to point out with regard to some security for this festival. Um past festivals that we've looked at in Memorial Park, there's always been um the question of parking and security. Um, so with regard to security, there will be some sort of security barrier um along the north fifth street side of this property um to try to mitigate people crossing in undesated areas um just like we see with other festivals. In conjunction with this, they are also um going to be requesting or have requested um to close a portion of the road between Sixth Street and or a portion of Omaha Street. Correct. No,

there's a portion of the road that's going to be closed and then they'll have a crossing guard at Omaha Street um to try to promote safe crossing between Memorial Park and Main Street Square as well. Um so that will be in there. There will also be um a security company that will provide 24/7 um security monitoring of the festival grounds um since there will be vendor tents um things like that that will likely be left up um during the entire the entire event. So, [clears throat] this is a little bit um more geared toward the beer garden aspect of this. Um, please do keep in mind that some of the locations of these things are still somewhat fluid. Um, in terms of where within the park they will be placed. Um, that is dependent on things like electrical connections. Um, you where they can get the the best visibility, things along those lines. So, this is just kind of an idea of where the beer garden could potentially be. Um, so you'll see the beer garden does take up um a pretty good portion um of it is supposed to be fairly large in size to accommodate um the people that will be in there as it is um a requirement that all alcohol that is served within the beer garden is consumed within the beer garden. Um so that is why they are making that a pretty large space um so that people are not um enticed to take their alcohol outside of the beer garden area. [snorts] Um so with this um there will be increased effects of noise, odor, um things like that on the surrounding neighborhoods. Same thing that we see with the other festival celebrations that take place. Um but the festival committee is working with several of the city departments to try to mitigate those um impacts to the best of their abilities. Um that beer garden, like I said, will be secured with a 4ft tall

fence. And this is in the flood hazard district and also within the flood plane. And um there is flood way on this property as well. So there are evacuation procedures that do need to be in place for this festival event. the festival committee is working on finalizing those and those will be provided um prior to the event taking place. Um since this is kind of a unique event and Memorial Park is kind of the trifecta of all the things um there is a floodplane development permit that will be required for this event. Um it does require a temporary use permit through the building services division um of community development and they are also required to obtain a special event permit with parks and wreck. So these events are very very thoroughly vetted by several um departments within the city. So this celebration festival um is anticipated to attract a significant number of not not only locals but I have actually heard um international attention um for this event as well. I've heard some people tell me that they know people who are coming from um different countries to this event. So we all are familiar with what Memorial Park looks like. Um, this will operate mostly in the northeastern corner or section of Memorial Park. Um, kind of north of the bridge. Um, and then like I mentioned, there will also be some things that will take place um, near, in, or around the pond as well. Um, and that is in partnership with some of the other um, outside folks that the festival committee has been working with. So ultimately staff is recommending obviously approval of this conditional use permit to allow this really exciting event. Um there is a representative of the festival committee in the audience if you do have any questions. Um and I will stand for questions as well.

Thank you Vicki.

Mr. Chair, thank you. Um Leah Brun, chief of staff is in the audience today and she provided us with a handout um that uh I think is before all of you too. America's 250th Downtown Festival. What is uh unique about this one because we've had many events in Memorial Park and for those of us who've been uh around a while, there used to be a festival in Memorial Park over fourth Fourth of July for many many years. Um in this case, this is city organized and city operated. So it is seriously an all hands on deck with all directors providing whatever assistance is needed to ensure that fire, police, um uh park management, uh impacts on monument, etc. are being um considered and managed throughout the course of this event. So uh we're very excited about this and we hope that uh you support it with the stipulations as identified. Haven,

thank you. Uh that answered one of my questions is uh who uh is actually operating the event and for example the beer garden is that a cityrun function?

The monument will be um in charge of that space. And I noticed that the uh dimensions of this space take in uh a large part of that uh parking area on the west side of Monument. Um is there any significance to that uh and including that uh street that goes west uh uh toward the south end of the of the uh uh hockey area. Mr. Chair Vicki.

So that parking is set up for just these types of events. And because this is a city event, whatever activities could be taking place at the monument will be coordinated so that we don't have a conflict and a parking shortage. But remember, our goal is to bring people in to migrate them to the downtown area to enjoy Main Street Square, frequent the other businesses within our community. So, we're really pushing for that pedestrian traffic that makes the city hall parking lot, our parking structure, and all of our downtown parking available uh and usable for those that will be migrating through this festival event in order to enjoy all of the activities.

Eric Hikis.

Thank you, Mr. Chair. this this landscape architect for one is excited about this project. uh this kind of critical mass and this kind of success is is not unique to us, but boy, we're good at it in this region. And uh we are drawing national attention for these kind of things. And the I'm going to borrow a Dean Kenny quote here from Home Slice, but the promise of an authentic experience like this one, I think, is a national draw. And uh I really think this will put us up on this stage that we continue to be on top of with uh this kind of lifestyle and and quality of life. So it's going to take a lot of doing. It sounds like it's well thought out and well processed. Uh the only question I had was the the uh uh flood plane development permit. Sounds like you're on top of that. So I'll be supporting this. Great. Well done. Looks fun. Oh, and also Main Street Square turns 15 at the same time as our country or this turns to 250. So, um it's nice crosspollinization there. Thank you,

Vince Fidal. Oh, thank you, Mr. Chair. And uh you know I'm so glad that uh that Vicki mentioned or threw in a nautical term all hands on deck and because uh you know there will be uh you know like with the inter uh active exhibits including a touch a truck uh the national garden air force uh will have some uh some exhibits as well. So I'm glad you included the Navy. Thanks Vicki. [laughter] All right. Anything else on item number five? Motion to approve. All right. Vince made the motion to approve with the stipulations.

And I didn't catch the second. Uh I think Oh, it was Pat apparently. Pat seconded it. All right. Uh any discussion on the motion to approve? All those in favor, please say I. I. Any opposed? Motion carries. Item number six. Thank you, Mr. Chair. Um, the applicant has requested that item number six be continued to your April 23rd planning commission meeting, and that would be our recommendation. Motion to move the item to the April 23rd. 22. 23rd. You were right.

23rd. All right. Uh, is there a second to Vince's motion to approve? Uh 23rd. That's Alicia. Y. All right. Vince made the motion. Alicia seconded to continue to April 23rd. Any discussion? All those in favor, please say I. I. Any opposed?

Motion carries. Item number seven. Good morning, Mike Dugan with Finance. Um, this morning I have a presentation for a new proposed tax increment financing district that would be titled Healing Way. This would be the proposed boundary uh of the district. And what we're going to be discussing this morning in conjunction with this project, the South Dakota Department of Transportation has a large reconstruction plan for the intersection of Highway 16 and Catron, which be down in here. So with that uh that reconstruction plan, the Department of Transportation has would be the removal of Tucker Street. And then the Department of Transportation would just take would take uh would improve uh where Promise Road ends on this. When it uh crosses the highway, it turns into Healing Way. and the the Department of Transportation would just do the surfacing only uh from the the um highway 16 there to where Tucker Street uh is currently. So what this proposal would be is the applicant would be putting in this this section of uh Healing Way would come down to connect down to Catron from the southern portion of uh Tucker Street. So that would be the surfacing and then that would be the utilities with the water and the sewer. The city of Rapid City would be uh developer number two and be added to this request as well.

What the city's responsibility would be is the city would put in the utilities, the water and sewer of this portion of uh Healing Way. So that would be so this would be uh completely improved the infrastructure with the DOT putting in the surfacing of the northern part of Healing Way. the city putting in the utilities underneath that portion of Healing Way. The city would also be responsibility. There's some utility adjustments part of this DOT project on Promise Road on the west side of uh Mount Rushmore. And then also uh the developer one, which would be the applicant, is requesting funds. Uh part of this would be to remove and demolish and remove all structures associated with the the the former Black Hills maze that hasn't been in operation for some years now um and is a blighted area. And then lastly, the city's responsible um for uh a signal improvement. If you notice, if you're coming down uh the the going southbound um on this proposed healing way, there's not a southern or south arm uh traffic signal arm or signal or detection loop underneath pad um on there. So, this would add funds to make the so it' be um the signalization would be complete. I do want to note uh the red crosshatching are the existing active uh tax increment financing districts in this area. Uh so this will uh if you notice uh this previous slide, this section up here is included in TIFF 80. So it will overlap. What that means is any improvements uh that any developments that go vertical on these lots that are in this cross-hatching, that increment generated would go towards increment or for the taxing district number 81st

until that one's paid in full and then it would go towards uh the proposed development. I do want to note all of the anticipated uh estimated increment in the applicant's application is all outside of the current TIFF districts. It would be down in in this portion here is the proposed development that that is known. Um this is TIFF 80 up here to the southern part of that is TIFF 77. And this one down here that would cross just to the rightway only is TIFF 76. And then TIFF 80, which there would actually be vertical construction that would overlap the districts, is anticipated to be paid full by the year 2030 and 31. Um, so by the time if this was to be approved, um, by the time the infrastructure is in place and this proposed development starts going to vertical, TIFF 80 will be nearly paid in full. Uh, the the current zoning, so it's primarily general commercial. Uh there is multi- density residential. There is some low density in uh residential and office commercial within these district boundaries. Major street plan uh it is um in between uh highway 16 and catchon boulevard. Both are principal Ontarios. I do want to know, it's kind of hard to see on this uh the major street plan that Healing Way is identified on the major street plan as a collector collector street. Historically, the city has not supported collector streets to be included uh to for being an eligible expense and ting tax increment financing districts. It has been done a couple times previously in the history of tiffs in Rapid City. The most recent example is the Homestead Street, TIFF, TIFF 83. Um, that was to extend 900 ft of Homestead Street east of on Elkale Road.

And the reason why that one had a staff recommendation to improve and that was ultimately approved by the planning commission of city council. There was a safety issue there. Putting that uh that 900 ft of Homestead Street helped out the Rapid City area school district. there was a gap uh in the connection of getting there. Ultimately, what happened was when that connection was made, it did help spur development, residential and commercial. That tiff um overperformed um as far as increment generation. Also, the costs came in well under budget. And what the the city was to benefit from that is the city was able to purchase land just off that connection of Homestead Street that was put in um and currently working on the future fire station, city park, and a police precinct out in this area. I I do want to note uh in here with this application, there are several other landowner applications that have signed. Those are just the applicant wanted to include those as these existing land owners that will be within the than the boundary are in their showing their support of this propos proposed district but the applicant that brought forward this is just Buffalo North LLC and then the city would be developer number two. So discussed previously that the the purpose of this tiff would be to complete the the connection um that the utilities underneath the northern portion of Tucker Street. The the department of dep transportation be required for the surfacing of Healing Way. Uh the northern part is Tucker Street. The applicant would then come in complete that southern connection from Tucker Street down to uh Catherine Boulevard. And that would also include the extension of a 12-in water man. Um, this would also the applicant does own or going to be purchasing three parcels

with that northeast quarter Castron that's identified in the application as far as the repayment for this tiff district. So, this creation of tiff will also uh assist the department of transportation with the needed uh finalizing all the needed public rightway um with this. So, this will also um serve as a a secondary route of when the Department of Transportation does start moving forward the reconstruction of the intersection of Highway 16 and Catron. This can be a detour route um or a secondary route through to get down to Catron to help bypass that that major construction that that is happening. So the applicant uh on the on the properties that the applicant is purchasing and will own, it's proposed there's going to be a mix of hospitality, healthcare, retail, uh financial services and multifamily. And the infrastructure portion is in uh anticipated completed in in late 2027. So with the developer one and the developer two which is the city, the total tiff request is just over 16 million. So developer one responsibility would be the devel demolishing of demolition of that of uh the Black Hills maze. So that will be removed out of there. All structures demolished and taken out and then that that lot will be redeveloped. All the the infrastructure and the surfacing and the grading of healing ways south of Tucker Street. This includes the extension of a 12 inch uh water mine, water man, fire hydrants, water services, sanitary sewer manholes, and sanitary sewer services. Um and then it also includes the public uh rightway land acquisition. Important to note, and I'll touch a little bit more on this uh in a upcoming slide, is the the two of the lots the applicant is

purchasing is already platted. So they don't need this extension to of healing way to come through. There are services uh um off of uh Catron to get to that. So there is the public rightway land acquisition the cost of purchasing those easements uh to to complete this collection. the the city's responsibility uh would be those utilities north of Tucker Street and then the west um of uh Highway 16 utility adjustments and then the signal modification at Catherine Boulevard and Healing Way to complete that the signalization the cost breakdown of the developer one cost and then the city's cost is developer 2. The total for uh developer one which includes the city and county administration fees and the financing costs and contingencies is just over 12.4 million. The city's responsibility uh which includes professional fees and the financing costs uh is just over uh 3.5 million to get to that total of just over 16 million. This is the public improvement map. This is just showing here that Promise Road ends here with 16 and then across the the highway here turns into Healing Healing Way. This would make this connection down to Catherine Boulevard and then the signalization here southbound would be complete. The removal of Black Hills Maze. This section of here will be developed uh by the applicant and then Tucker Street would be removed and then the servicing would be put in place here by the Department of Transportation. This is taken straight from the the DO's uh website. This just kind of gives you an overview of the scope of the of the project. So you can kind of see here, this would be the intersection of Highway 16 and Catron with the development the applicants proposing

just here in this this northeast corner here. The the DOT has got it uh labeled as Promise Road. This would actually be healing way, but this just shows the the DOT's responsibility of the surfacing portion to get that to Tucker Street. Tucker Street here would be removed and then the applicant would be finishing this connection of Healing Way down to Catran Boulevard. So, this is anticipated to be a three-year project um finishing in 2029 as far as the DOT. I'm not 100% sure if those timelines are still accurate, but that's the plan in place according to their website. development. This is the anticipated development and the timeline. So, there's anticipated a buildout of uh on the the applicant owned parcels of 2032 to generate a vertical construction of anticipated just over 82 million. This is the ant anticipated layout. So there is quite a bit of of uh undeveloped property that can be developed that if and when it does it's not included in this application. What the applicant is including is is what is known um down here in this northeast portion. So anything built um undeveloped would just go towards a quicker repayment of of this district. This is the of the known the anticipated of um just under 20 million uh increment generated uh over the 20-year allowable uh time period. Um so an important note here with the city being involved as a developer uh the city is going to start receiving payment right away along with the developer. So the proposal here is the developer one which would be the applicant would be receiving 75% of the generated increment each year. the city as developer two would be receiving 25% of the increment generated each year and that would be from the very start. So this is the anticipated amorization for

developer one's portion that's just over 12.5 million. So it's anticipated uh to be paid off in full in 2042. That's what the nonvelt development if anything is that goes on those existing nonapplicantowned [clears throat] properties if those do become developed that'll just go towards this district to repay it back quicker. This is a city uh it's anticipated amorization as you can see it's anticipated to pay back a couple years sooner but the city will be receiving 25% of that generated increment from from day one uh to repay back the the city's expenses. Uh just to kind of finish up here, here's the the the project performant put together by the applicant. As you can see projections without the TIFF, um it's just not feasible uh to move forward with this project. Even with the TIFF, um it's it's a gain of or a return on investment of anywhere from 2 to 6% which is still pretty modest. Um so according to the applicant, it is a marginal investment without the TIFF. And if the TIFF isn't approved, that that extension of Healing Way wouldn't come forward. Um the there wouldn't be any funds for the city to put in those utilities under uh the northern part of of Tucker Street and the applicant could on those platted properties the applicant owns could develop without that extension of Healing Way. Um because there is access from Catherine Boulevard. I put in bulks. I just wanted to make sure I touched on it. Um this really is the only way to ensure uh that the extension is made from um highway 16 where promised road ends on the other side of the highway down to Catherine Boulevard with this development. So this is the only way to ensure that that uh extension is made which will also spur a additional

development but can ser serve as a detour route during that construction of DO's project. And so these the items proposed are for the public improvements that will serve the the properties involved or adjacent and then although also the the general public when it's completed. Mike, I'm going to take a break right there. We need a motion to extend the meeting past 9:00. I thought you might get there, but I'm sorry to say Karen made the motion to extend past 9 and Eric Hikas seconded that motion. All those in favor, please say I. I. Any opposed? All right, back to you, Mike.

Thank you for that. Um, I'm just finishing up here, but there are currently uh 19 actor districts in Mr. Rapid City as of the year end 2025. The state of South Dakota had 277 active districts throughout the state. So, Rapid City uh currently represents about 6% of the total. Here's a breakdown. We're currently at 2.10% of the total evaluation and a max is 10% allowable currently uh uh by uh statute. That will change um this summer as of July 1. There's leg legislation put in place. seven and a half percent will be allowable, but as you can see, the city's at two. So, we're still have about five anywhere from five to 600 million of base value available, which would be difficult to uh even with the new um legis legislation in place. These are the current active TIS districts. And I do want to note, I don't have the slide. So, this you guys see this, I put this up so you know where we're at each time with a new district um proposal. the the city council acknowledges this uh each year. Um it's a requirement and uh it was just acknowledged at this previous city council meeting. There is a slide um uh that was uh shown with the uh city council. I I apologize I don't have it here but I just want to note so with with help with long long range planning um I went back through and and [clears throat] got the evaluations of all the previous the history of Rapid City's dissolved districts. The the original base value of all those approved and dissolved districts was 358 million at that time. The current valuation of all of the approved and dissolved districts in Rapid City today is just over 4.2 billion. So that was a gain in those districts of just over 3.8 billion. That may or may not have

happened without the the creation of these districts. And that represents the current valuation of Rapid City is just over 11 billion. So this so what the current value of those resolved district represents is about 38% growth of of wouldn't be there. Rapid City potentially would look a lot different today without these district. I just thought that was just some information that was just shared with the council. But uh items seven and eight on on the agenda uh are the um so there's two separate motions. One to approve the district and then one to approve the project plan. Uh with that the applicant is in attendance to answer any questions and I will stand for any questions. Thank you.

Thanks Mike Haven. Thank you. Uh my question I guess goes to the uh the uh re redoing of that intersection. What is the city responsibility to provide uh alternate access during that construction? And then the opposite is what is the responsibility of DOT? Sir, I don't if I could defer Mr. Chair to director Fischer. Yeah, Vicki.

Mr. chair, there's no uh responsibility for the city to create a detour street. Um I think the point being uh that's demonstrated with Mike's information is that it will serve as one. When DOT does this project, they will keep one lane of traffic going both directions throughout the course of the project, but the public will see the hardship of getting slowed down, sometimes stopped, and they will identify that Healing Way is a route that you can take and come out at either end to a signalized intersection and it will be used, but it's not a responsibility of the city, nor will the city be putting any money into the state project. And apparently though that will also require some extension of Healing Way to the south to connect to 16. I I would assume Mr. Chair

Vicki.

Uh no, it's just getting Healing Way to Katherine Boulevard. There's it it starts at 16 at the north end. It will connect to Katherine at the south end. And I think that uh if I can remind all of you, it's been a few months uh but Kip Harington brought forward a major street plan revision to identify this section of Healing Way as a collector street. We have thought as a staff for many years that as this northeast node develops that there should be a through street and the underlying property owners did not push back on that. They allowed us to do that. And so now that they've sold it and a developer has come in, this is cost that they weren't previously anticipating. But since we succeeded on securing this as a collector street, uh it's then on their dime to build it unless they can secure uh funds through this tiff. And I [clears throat] also noticed that the tiff district boundary on the west side includes highway 16 and the service road on the west side of highway 16. Uh what's the significance of including that in the tiff district

a to keep it contiguous but there's also a city responsibility within this district for utility adjustments on the west side of uh of of highway 16. So anything that's going to be expensed and the city wants reimbursed for has to be captured within that boundary. So that that northeastern portion of the tiff district uh would need to be included uh within the district uh in order to be the city to be reimbured. And it would also in capture if there was any development on these undeveloped lots that would help repay back this this district quicker. The rightway down here needs to be included uh to capture to get this um so the city can be reimbured for the expenses involved with the signal. So that needs to be and then the rightway here it would be shared. There's there's no value in terms of the increment invol there. It's just to keep it contiguous. All right. Thanks, Mike Karen.

Thank you, Mr. Chair. I just have a question about the the lots in the middle that we excluded. Is there a reason why you're excluding those lots?

They're developed. Um and so if if those were included, it would take away, you know, the the city if once the base value is established, um the city and the county would continue to keep the current base value, the the taxes that are coming in, the property taxes, but anything going forward. So any appreciation those developed lots would have would go towards the repayment of the tiff and they would take away from the the collection on the city and the uh the county. So those were just left out. It also would keep that base value down low because those those are expensive developed properties.

So they're included in that uh I think was tiff 80. So anything in that area. So th those are also not included in tiff 80. The red c that north thing. It's just the undeveloped portions are. Oh, I see it. Okay. Thank you. That's my this is my question. Eric Kikus.

Thank you Mr. Chair. I'll be supporting this. Um I think tiffs have gotten a little bit of bad rap as of late. Um a lot of us in our community have made it a little bit partisan. I think we're headed down the wrong wrong road with that. Um I'd like to see us get back on track with these. They're they're an effective economic development tool and uh it requires a bit of an abundance mindset which I think we all need to adopt as a growing community. Um, and uh, like I said, this this has my support. I'll be voting for it. Thanks, Alicia.

Uh, thank you. Kind of going off of what Eric said about thinking through TIFFs in the community um, and public perception and evaluating each one as they are. I appreciate how I feel like every presentation we're given more information um, about reasons why it qualifies or doesn't qualify as a TIFF. Uh, two questions for you. um one just to help with maybe group understanding. Uh I saw written in here that the project will eliminate the potential safety hazards um to the public and is that mainly because of Tucker Way being eliminated um or for the temporary kind of time when the roads being constructed. So I appreciate that but I'm wondering kind of specifically what the concerns are. Yep. The applicant identified that and the reason being is this, you know, being a detour route, whether it's officially, you know, considered one, but it I think the understanding is it would become one with the the intersection improvements is it it is more of a police and fire was the applicants kind of what they were stressed in the application is it would more be a direct quicker route rather than going through that that intersection under construction. So that that was the safety issue there identified was more for police and fire.

Police [snorts] and fire. Okay. Thank you. And then the other is just a a clarification that might be that might be obvious. I'm wondering the relationship between um Dream Design International and Buffalo North LLC. Um the application is written on, you know, Dream Design um International's letterhead and signed um from Dream Design asking if we want any more information. Um, but the application's written from uh Buffalo North LLC.

So, this is this is typical that there'll there'll be it's typically a new LLC is set up by a developer that brings forward the application and the project planner is typically an engineering firm that puts together the TIFF application and the estimates of their their increment and then the the the scope of the project. So this is just following that route that the LLC is is is separate. So that the dream design actually put together as the engineering firm put together the application. That makes sense. But if the public does have questions, they could contact either. Yes. Okay. Yes. Thanks. John Roberts.

Thank you very much. I just wanted to bring up a couple of things and I thought since everybody else has spoke I might as well speak too and half of my morning's gone anyway. No, I'm just kidding. Um, so this this this was a very very unique tiff. It it took a long time for the city, the land owners, the developer and everybody to get on board on it. And I think as a council person, one of my concerns was when this started was if we can't find a way to get everybody on board and to get this done and take care of the easement issues we had, we were going to keep delaying the Highway 16 project, which was going to cost the taxpayers millions, if not tens of millions of dollars every year we delayed that project. So this was a wonderful compromise and in my opinion the developer really stepped up for the city of Rapid City because most developers will not do a project of this size for 2%. I mean that's just very much uncalled for. So, I just want to give kudos out to staff and to especially the land owners that came together because anybody knows getting two land owners together can be one of the hardest things in the world. Um, and the developer and this is just in my opinion one of the reasons why tiffs were put together in the first place so we can get projects like this done. uh because otherwise who knows what that corridor would have been like for another 20 30 40 years. You know, growing up in Rapid City, being a multi-generational Rapid City, it always

went through my head when you would drive out there in the 70s and you would be going between nothing and reptile gardens and it's like, why is this not developing out here when we're going east and we're going west and we're going north? But I mean it's been to me it's been extremely exciting over the last decade watching this area grow out and it's there a lot of that responsibility is because of a developer that wanted to do it. So, I just want to give kudos to the staff, the developer, and the land owners that this is a fantastic project and and it's just a good way showing how the city, the land owners, and the developers can work together and come up with a good project. Thank you.

Thanks, John. I I really appreciate those comments. And the the benefit of I'll be supporting this tiff. The benefit of this tiff is that we get a coordinated development pattern of this corner. We've gotten that on the other three corners. We need that on this corner. There's no more prominent intersection in our city, I would say, than this one with the addition of Sanford out there and this DOT project. Eric Hikis.

Thank you, Mr. Chair. I'll move um that we approve the resolution creating Healing Way Tax Increment Financing District property generally described as being located north of the intersection of Mount Rushmore Road and Catron Boulevard. Oh, there's a lot of seconds to Eric's motion. Uh Jeff, is that you? Okay. All right. So the motion on the floor is to approve the resolution creating the tax increment district. Motion by Eric Hikis. Uh second by Jeff Haven Stock.

Uh thank you. I just wanted to point out this uh there was for many years a discussion about uh some route other than through the gap uh uh east and west and there were some proposals downtown I think on uh St. Pat uh going over the hill. But uh this shows the foresight they how great the foresight was to establish that route way south of the city which appeared to be at the time way south of the city which is the current location of Katherine Boulevard. And uh there was a lot of foresight in doing that. And it and this kind of plays or shows uh how important that was to have that east west connection. Uh what which appeared to be way south of city at the time it was approved.

All right. Further comments on the motion to approve. All those in favor please say I. I. Any opposed? Motion carries. So item number eight is then the resolution to approve the project plan for this tax increment district. I'm guessing Mike kind of made his prop presentation. Yes. Uh anything from the commission on the project plan? Karen,

thank you, Mr. Chair. I do have a question uh on the the road itself and then the the road that will be used when the uh intersection is finished from DOT how that's going to work at the end I guess I mean this this road healing way will be used I can tell you it'll be used and and uh but once the intersection is done I'm not sure how that DOT plan is to actually have the onroad that goes south or north uh you know from Catron. And so I don't know if there's a way to show that or I'm just concerned about the the two if they both come out of the same spot. I guess I don't know if they do or not.

Mr. Chair. Yeah. If I if I could have um Mr. Harrington with Long Range Planning answer that question. Y that would be great. Yeah. Thank you, Mr. Chair. Yes, so there will be a northbound on-ramp coming off of 16 and Katrine and that will actually come out short of where Promise Road intersection is and that is the reason why that Promise Road intersection is being moved to the north to allow for that space for that on-ramp or on-ramp to occur and that merge movement to occur before the Promised Road intersection.

Okay, that's that was my question. I just wasn't sure exactly where it would end up. I appreciate that answer. Um, and thanks, Kip. I think the the this area, I mean, I live up there and so I use this road all the time, every day, constantly, and so I know there'll be a lot more cars up there. There'll be a lot more traffic and and that kind of thing. But you can live with that. It's it's something that I've been up there for 25 years, and I've seen that change in that whole area, and it's it's amazing what's happening in this city. I think it's just a uh it's just something to fun to watch, you know, go through all that. Um, and I think this is one of those tiffs that is important. It makes it uh it's it's a tiff that nobody in the city would say this is a crazy tiff. You're doing it all for the public good. You're doing everything for the traffic of the people and it's just perfect for for a tiff. and and so I I really appreciate the work that went into it and I appreciate all the land owners that worked to put this together. You'll see a lot of things change up there once this is gone through. So anyway, I I appreciate it and I I support this this tiff.

Would you support it with a motion? Oh, I I would I don't have [laughter] any other lights up. I I make a motion that we approve the project plan for this tiff. All right. Karen made the motion to approve the project plan. Vince seconded that motion. Any discussion on the motion to approve. All those in favor please say I. I. I. Any opposed? That's it. Motion eight or item eight carries with approval. Takes us to item nine, staff items, discussion items.

Uh we don't have anything other than probably it's about time for lunch. [laughter] Anything from the commission. I look for a motion to adjurnn. Motion to adjurnn. All right. Vince made the motion. Eric seconded that motion. All those in favor, please say I. I. Good job. Thanks. [laughter] Hold on.