Posted: December 05, 2022
Rapid City
Agenda Item Summary

Agenda Item Ref. #: 22UR027 - Original Town of Rapid City

Agenda Item Title:

22UR027 - Appeal of the Planning Commission's Division a Conditional Use Permit to allow a Medical Cannabis Dispensary

Origination Group:
Planning Commission
Origination Meeting Date:
11/10/2022
City Council Hearing Date:
12/05/2022
Petitioner:
Puffy's LLC
Staff Contact:
Kip Harrington, Interim Long Range Planning Manager
Location:
910 Main Street
Agenda Item Summary:
The applicant has submitted a Conditional Use Permit application to allow a medical cannabis dispensary at 910 Main Street. There is currently a 13,625 square-foot mixed-use building located on the property. The applicant is proposing to utilize the front portion of the building (944 square feet) for the medical cannabis dispensary. The balance of the structure will continue to be used for commercial purposes with residential units above the first floor. The applicant has indicated that the medical cannabis dispensary, to be known as Puffy’s Dispensary, will be open daily from 8 a.m. to 10 p.m. The applicant previously secured a license through the South Dakota Department of Health to allow a Medical Cannabis Dispensary at 902 Main Street, which is a permitted location. The applicant is proposing to transfer the dispensary license to this location, as the previous location does not have an installed fire suppression system in place. The proposed location has an approved fire suppression in place. 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 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 Central Business District but is located within 500 feet of Halley Park, which is zoned Park Forest District. The proposed location is within the 500-foot buffer of a public park and residentially zoned 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 public park use and residentially zoned district 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: 11/10/2022 (4-1-1)
City Council Recommendation Action:
Reject
City Council Recommendation Notes:
City Council denied (7-3): 12/5/2022

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