No. 11UR024 - Original Town of Rapid City

Appeal of Planning Commissions' Decision on a request by Destination Rapid City to consider an application for a Conditional Use Permit to allow an On-Sale Liquor Establishment for Lots 17 through 23, the vacated portions of Main Street and Sixth Street rights-of-way adjacent to Lot 17, and the vacated portion of Main Street right-of-way adjacent to Lots 18 through 22 all located in Block 75 of the Original Town of Rapid City, located in Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 526 Main Street.


PLANNING COMMISSION DECISION:
Planning Commission approved the Conditional Use Permit to allow an On-Sale Liquor Establishment (11UR024) with the following stipulations:

1.

The on-sale liquor establishment shall operate in conjunction with events hosted by Destination Rapid City on the Main Street Square. Any expansion to the on-sale liquor use shall require a Major Amendment to the Conditional Use Permit. Other permitted uses within the Central Business District shall be allowed, with the exception of conditional uses which shall require the review and approval of a Major Amendment to the Conditional Use Permit;

2.

All applicable provisions of the currently adopted International Fire Code shall continually be met;

3.

A Certificate of Occupancy shall be obtained prior to occupancy;

4.

The areas used for the sale and consumption of alcohol shall be enclosed by a fence. Proper exits shall be maintained within fenced areas at all times. When the fenced area is utilized, the maximum occupancy load shall be posted in three inch letters and the proper occupancy load shall be maintained within the fenced area when utilized at all times;

5.

All provisions of the Central Business Zoning District shall be met unless an exception is specifically authorized as a stipulation of the Conditional Use Permit or a subsequent Major Amendment;

6.

Prior to construction a building permit shall be obtained and is subject to Historic review;

7.

All plans submitted for a Building Permit shall be stamped by a licensed architect or professional engineer as per SDCL 36-18A;

8.

All signage shall conform to Chapter 15.28 of the Rapid City Municipal Code. No electronic signs are being approved as a part of this Conditional Use Permit to allow an On-Sale Liquor Establishment. All signage not in conformance with Chapter 15.28 of the Rapid City Municipal Code or any electronic reader board signs shall require the review and approval of a Major Amendment to the Conditional Use Permit. 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. The approval of the Historic Sign Review Committee shall be obtained prior to obtaining the Sign Permit;

9.

All outdoor lighting shall be reflected within the property boundaries so as to not 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; and,

10.

The Conditional Use Permit shall expire if the use is not undertaken and completed 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. 


VOTE: (8 to 0 with Braun, Brewer, Landguth, Popp, Rolinger, Scull, Swank and Weimer voting yes and none voting no)