No. 09UR019 - Northern Heights Subdivision An Appeal of the Planning Commission's decision on a request by Troy Erickson for M.G. Oil Co. for a Conditional Use Permit to allow an on-sale liquor establishment on Lot 1 of Tract A of Block 1 of Northern Heights Subdivision, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located southwest corner of the intersection of Lindbergh Avenue and Haines Avenue. |
LEGAL AND FINANCE COMMITTEE RECOMMENDATION: Legal and Finance Committee forwarded to City Council without Recommendation. |
PLANNING COMMISSION DECISION: |
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1. |
A building permit shall be obtained prior to any construction and a Certificate of Occupancy shall be obtained prior to occupancy; |
2. |
A minimum of 74 parking spaces shall be provided and one of the parking spaces shall be a handicap accessible space. All provisions of the Off-Street Parking Ordinance shall be continually met and shall be constructed in accordance with the approved plan; |
3. |
A minimum of 51,486 landscaping points shall be provided. The landscaping plan shall comply with all requirements of the Zoning Ordinance and shall be installed in accordance with the approved plan. In addition, all landscaping shall be continually maintained in a live vegetative state and replaced as necessary; |
4. |
All signage shall conform to the design, color and location as shown in the sign package submitted as a part of the Conditional Use Permit. Changes to the proposed sign package, which the Growth Management Director determines to be consistent with the original approved sign package, shall be allowed as a Minimal Amendment to the Conditional Use Permit. In addition, the Growth Management Director may approve temporary signs in accordance with Chapter 15.28.080 of the Rapid City Municipal Code. The lighting for the signs shall be designed to preclude shining on the adjacent properties and/or street(s). A sign permit shall also be obtained for each individual sign; |
5. |
The lighting shall be designed to be reflected within the property boundaries so as not to shine onto adjoining properties and rights-of-way and to not be a hazard to the passing motorist or constitute a nuisance of any kind; |
6. |
The currently adopted International Fire Code shall be continually met; |
7. |
All provisions of the General Commercial Zoning District shall be met unless an exception is specifically authorized as a stipulation of this Major Amendment to a Conditional Use Permit application or a subsequent Major Amendment; and, |
8. |
The Conditional Use Permit shall expire if the use is not undertaken within two years of the date of approval by the Planning Commission, or if the use as approved has ceased for a period of two years.
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VOTE: (8 to 0 with Braun, Brewer, Brown, Gregg, Hennies, Landguth, Marchand and Scull voting yes and none voting no) |
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