Posted: June 23, 2022
Rapid City
Agenda Item Summary

Agenda Item Ref. #: 22UR014 - Jackson View Addition

Agenda Item Title:

22UR014 - Conditional Use Permit to allow a Medical Cannabis Dispensary

Origination Group:
Planning Commission
Origination Meeting Date:
06/23/2022
Petitioner:
Puffy's LLC
Staff Contact:
Kip Harrington, Long Range Planning Division Manager
Location:
1002 Jackson Boulevard
Agenda Item Summary:
The applicant has submitted a Conditional Use Permit application to allow a medical cannabis dispensary at 1002 Jackson Boulevard. There is currently a 1,375 square foot retail building located on the property. The applicant has indicated that the medical cannabis dispensary, to be known as Puffy’s, will be open daily from 8 a.m. to 8 p.m. The applicant previously applied for a Conditional Use Permit to allow a Medical Cannabis Dispensary at this location (File #21UR025). That application was approved by Planning Commission on November 24, 2021 and was subsequently appealed to City Council. On December 20, 2021, City Council upheld the appeal, thereby overturning the approval by Planning Commission. Pursuant to SDCL 34-20G, the City of Rapid City adopted Ordinances to regulate the time, place, manner and number of medical cannabis establishments within the City. The adopted Ordinances are intended to balance the varied interests and lessen any potentially deleterious effects on neighboring properties for what will be a new use of property within the City of Rapid City. The City also adopted an Ordinance limiting the number of licenses to be issued for medical cannabis dispensaries to 15 licenses to ensure that there is not a saturation of use within our community. The proposed State regulations require that all medical cannabis establishments be a minimum distance of 1,000 feet from public or private schools. The adopted City Ordinance includes language to promote separation between other specific uses to minimize the impact and preserve the character of the neighborhood. More specifically, a medical cannabis dispensary is a permitted use within the General Commercial District unless it is located within 500 feet of a childcare center, church, public park, or property zoned as a residential district. In these instances, a Conditional Use Permit is required. The subject property is zoned General Commercial District but is located approximately 80 feet from a residential zoning district. As such, the applicant has submitted this Conditional Use Permit application for the review and approval by the Planning Commission. In reviewing this location, the Planning Commission must determine if the proposed use is adequately buffered from the residential use and ensure that the use at this location does not create a saturation of similar uses within this area of our community.

Funding Source & Fiscal Impact (if applicable):

Funding Cost Center

Recommendations:

Origination Recommendation Action:
Approve with Stipulations
Origination Recommendation Notes:
Planning Commission Approved with Stipulations: 6/23/2022

Attachments & Links to Download:

22UR014 Project Report 

22UR014 Attachments 

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