Posted: January 26, 2023
Rapid City
Agenda Item Summary

Agenda Item Ref. #: 22PD041 - McMahon Subdivision

Agenda Item Title:

22PD041 - Major Amendment to a Planned Development Overlay to allow on-sale liquor in conjunction with video lottery for a convenience store

Origination Group:
Planning Commission
Origination Meeting Date:
01/26/2023
Petitioner:
Logan Poe for DSM Property Services
Staff Contact:
Tanner Holanen, Current Planner I
Location:
3343 Haines Avenue
Agenda Item Summary:
(Update 01/10/2023 – This item was continued at the January 5, 2023, Planning Commission meet so that Chapter 5.12.090 of the Rapid City Municipal Code could be addressed. The applicant has since requested that this application be withdrawn. The applicant will resubmit the application once the separation requirement has been satisfied. All revised text is shown in bold.) (Update: 12/21/22 – This item was continued at the December 8, 2022, Planning Commission meeting so that Chapter 5.12.090 of the Rapid City Municipal Code could be addressed. The City Attorney’s Office is currently awaiting information from the applicant to address this requirement and as such staff is recommending that this item be continued to the January 26, 2023, Planning Commission Meeting. Staff will be recommending denial at this meeting should the required information not be received by January 11, 2023. All revised text is shown in bold.) (Update: 12/01/22 – This item was continued at the November 23, 2022, Planning Commission meeting so that the separation requirement between on-sale alcohol and sale of fuel pursuant to Chapter 5.12.090 of the Rapid City Municipal Code could be addressed. The City Attorney’s Office is currently awaiting information from the applicant to address this requirement and as such staff is recommending that this item be continued to the January 5, 2023, Planning Commission meeting. All revised text is shown in bold.) (Update: 11/15/22 – This item was continued at the October 27, 2022, Planning Commission meeting so that the separation requirement between the on-sale alcohol and sale of fuel pursuant to Chapter 5.12.090 of the Rapid City Municipal Code could be addressed. The applicant is currently working with the City Attorney’s Office to address this requirement and as such staff is recommending that this item be continued to the December 8, 2022, Planning Commission Meeting.) The applicant has submitted a Major Amendment to the Planned Development Overlay to allow on-sale liquor in conjunction with video lottery for a convenience store. The property is comprised of 2.39 acres of land zoned General Commercial District with a Planned Development Overlay and consists of a service establishment that is approximately 6,357 square feet in size. The applicant is proposing to remodel the store to relocate the cashier area, to add shelving and freezers, and to add a casino room with nine video lottery machines. The casino room will be 256 square feet in size and will be located in the northeast corner of the building. The convenience store is open 24 hours a day and the casino room will be open from 8:00 am to 12:00 am. An on-sale liquor license is required by South Dakota Codified Law and the Rapid City Municipal Code to operate video lottery and therefore has been included as part of this application. No exterior changes to the building are being proposed. On January 24, 2008, the Planning Commission approved a Final Planned Development Overlay with the stipulation that the property shall be used as a convenience store with an “off-sale” liquor establishment and that any other use shall require a Major Amendment to the Planned Commercial Development. Chapter 5.12.090 of the Rapid City Municipal Code states, it is unlawful for a licensee or his or her employees to offer for sale alcoholic beverages to be consumed on the licensed premises, if motor fuel is also sold to motor vehicles engaged in intrastrate or interstate transportation on the same licensed premises, unless the structure or building in which the alcoholic beverages are sold and consumed is seperated by at least 100 feet from the building or structure where motor vehicle fuel is sold. This section has previously been determined to mean that the area where alcohol will be sold and consumed (liquor store) must be separated from the area where motor vehicle fuel is sold (convenience store) by a walking distance of 100 feet. This is measured from the exterior doors of the liquor store to the convenience store in cases where there is no interior public access between the two areas.

Funding Source & Fiscal Impact (if applicable):

Funding Cost Center

Recommendations:

Origination Recommendation Notes:
Acknowledge Applicant's Withdrawal of Application ---------------------------------------------------------------------Planning Commission Continued to the 11/23/2022 Planning Commission Meeting: 10/27/2022; Planning Commission Continued to the December 8, 2022 Planning Commission Meeting: 12/8/2022; Planning Commission Continued to the January 5, 2023 Plannng Commission Meeting:12/8/2022; Planning Commission Continued to the January 26 2023 Plannng Commission Meeting:1/5/2023; Planning Commission Acknowledged the Applicants Withdrawal of Application: 1/26/2023

Attachments & Links to Download:

22PD041 Project Report 

22PD041 Attachments

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