Rapid City Planning Commission Conditional Use Permit Project Report

Transcription

1 Rapid City Planning Commission Conditional Use Permit Project Report September 7, 2017 Item #7 Applicant Request(s) Case #17UR019 Conditional Use Permit to allow an on-sale liquor establishment in conjunction with a restaurant Companion Case(s) # Development Review Team Recommendation(s) The Development Review Team recommends approval with stipulation(s) as noted below. Project Summary Brief The applicant has submitted a Conditional Use Permit to allow an on-sale liquor establishment in conjunction with a restaurant. In particular, the applicant is proposing to serve beer and wine at Blaze Fast Fire d Pizza, a new restaurant being constructed at 515 Mountain View Road. The restaurant is 2,607 square feet in size with a 323 square foot patio area. The hours of operation are Sunday through Thursday from 10:30 a.m. to 9:00 p.m. and Friday and Saturday from 10:30 a.m. to 10:00 p.m. Applicant Information Applicant: Dakota Slice LLC Property Owner: Millstone LLC Architect: Engineer: Surveyor: Other: Shane Buyum Development Review Team Contacts Planner: Fletcher Lacock Engineer: Dan Kools Fire District: Tim Behlings School District: Water/Sewer: Dan Kools DOT: Stacy Bartlett Address/Location Neighborhood Subdivision Land Area Existing Buildings Topography Access Water Provider Sewer Provider Electric/Gas Provider Floodplain Other Subject Property Information 515 Mountain View Road West Rapid RCLD Addition 0.8 acres 3,116 square feet Relatively flat Mountain View Raod Rapid City Rapid City Black Hills Power / MDU Federally designated 100-year and 500-year floodplain

2 Subject Property and Adjacent Property Designations Existing Zoning Comprehensive Existing Land Use(s) Plan Subject Property GC MUC Blaze Pizza Adjacent North GC LI Railroad right-of-way and Pioneer Bank Adjacent South GC MUC O Reilly Auto Parts and Millstone Adjacent East GC MUC Fast food restaurant Adjacent West GC MUC Commercial strip mall Zoning Map Existing Land Uses

3 Comprehensive Plan Future Land Use Parks or Transportation Plan

4 Relevant Case History Case/File# Date Request Action Relevant Zoning District Regulations General Commercial District Required Proposed Lot Area 0.8 acres Lot Frontage Approximately 145 feet Maximum Building Heights 4 stories or 45 feet One story Maximum Density 75% 9% Minimum Building Setback: Front 25 feet 35 feet Rear 0 feet 75 feet Side 0 feet 13 feet to the south and 56 feet to the north Street Side Minimum Landscape Requirements: # of landscape points 31,732 32,626 # of landscape islands 0 0 Minimum Parking Requirements: # of parking spaces # of ADA spaces 2 2 Signage Two square feet per No new signage proposed linear foot of frontage Fencing No fencing proposed Planning Commission Criteria and Findings for Approval or Denial Pursuant to Section of the Rapid City Municipal Code the Planning Commission shall consider the following criteria for a request to allow an on-sale liquor establishment: Criteria 1. The request will not adversely affect the use of any place used for religious worship, school, park, playground, or similar use within (500) foot radius. 2. The requested use is sufficiently buffered with respect to residential areas so as not to adversely affect such areas. 3. The proposed use will not create an undue concentration of similar uses, so as to cause blight, deterioration, or substantially diminish or impair property values. Findings A City park is located approximately 150 feet to the northeast of the subject property. There are no places of worship, schools, or playgrounds located within 500 feet. The proposed on-sale liquor use should not adversely affect the park as it will be operated in conjunction with a restaurant. The property is located in a developed commercial corridor adjacent to Mountain View Road and is located on the periphery of the Baken Park Community Activity Center. The proposed use is sufficiently buffered from residential areas. Currently, there are a number of on-sale liquor establishments operating in conjunction with full-service restaurants in proximity to the subject property. Buffalo Wild Wings is located approximately 800 feet to the south of the property and includes an on-sale liquor use. In addition, China Luck is located on the north side of West Main Street approximately 1,000 feet to the southeast and also includes an on-sale liquor use. There are also two casinos located in the vicinity including B.P. Casion and Carousel Casino. While there are several on-sale liquor uses in the area, the General Commercial District is considered the appropriate district for the proposed on-sale liquor use. It does not appear that the proposed use will create an undue concentration of similar uses so as to

5 4. The proposed use has been reviewed under Chapter (E) Criteria for Review. cause blight, deteriorations, or substantially diminish or impair property values since it is being operated in conjunction with a restaurant. See below Staff has reviewed the proposed use with respect to Chapter (E) and has noted the following issues: 1. The location, character and natural features of the property: 2. The location, character and design of adjacent buildings: 3. Proposed fencing, screening and landscaping: 4. Proposed vegetation, topography and natural drainage: 5. Proposed pedestrian and vehicular access, circulation and parking, including that related to bicycles and other unpowered vehicles and provisions for handicapped persons: The property is located at 515 Mountain View Road. Blaze Pizza is currently constructing a restaurant measuring 2,607 square feet in size with an outdoor patio area measuring 323 square feet in size. The property is the former location of a Kentucky Fried Chicken. Property to the north is developed with a bank. Property to the east is developed with a carwash and a fast food restaurant. Properties to the south are developed with an auto parts store and a restaurant. Property to the west is developed with a strip mall. The property is located in an established commercial corridor within the periphery of the Baken Park Community Activity Center. A minimum of 31,732 landscape points are required. The landscape plan shows 32,626 landscape points to be provided. The landscaping is in compliance with the Zoning Ordinance. The applicant is not proposing any fencing or screening. Portions of the property are located in the Federally designated 100-year floodplain. On April 12, 2017, a Floodplain Development Permit was issued for the proposed restaurant. Pedestrian and vehicular access is from Mountain View Road. The minimum required parking for the proposed restaurant with an on-sale liquor establishment is 35 parking spaces. There are 37 parking spaces with two ADA accessible spaces located on the property. The parking is in compliance with the City s Parking Regulations. 6. Existing traffic and traffic to be generated by the proposed use: The restaurant will generate approximately 77 trips per peak hour. 7. Proposed signs and lighting: Sign Permits have been issued for a pole sign located along Mountain View Road and wall signage. 8. The availability of public The property is currently served by public utilities including utilities and services: Rapid City sewer and water. 9. The objectives of the adopted The General Commercial District is intended to be used for comprehensive plan and the the general retail business of the City. The applicant is purpose of the ordinance codified herein: proposing to allow an on-sale liquor establishment in conjunction with a restaurant. The proposed on-sale liquor 10. The overall density, yard, height and other requirements of the zone in which it is located: 11. The effects of noise, odor, smoke, dust, air, and water pollution and the degree of control through the use of clarifiers, screening, setbacks and orientation: use is a conditional use in the General Commercial District. A building Permit was issued on April 12, 2017 for the proposed restaurant. The proposed restaurant is in compliance with the minimum requirements of the Zoning Ordinance. It does not appear that the proposed on-sale liquor use will have a negative effect on noise, odor, smoke, dust, air, and water pollution if operated in conjunction with a restaurant.

6 12. The degree to which conditions imposed will mitigate any probable adverse impacts of the proposed use on existing adjacent uses: The stipulations of approval will ensure that the on-sale liquor use will only be operated in conjunction with a restaurant. Any expansion to the use will require a Major Amendment to the Conditional Use Permit. Planning Commission Comprehensive Plan Policy Guidance for Approval or Denial In considering an application for approval or denial the Planning Commission finds that the application either complies or does not comply with the following values, principles, goals, and policies within the Rapid City Comprehensive Plan: Comprehensive Plan Conformance Core Values Chapters A Balanced Pattern of Growth A Vibrant, Livable Community LC-5.1A Varied Activity Centers: The property is located in an established commercial corridor on the periphery of a Community Activity Center. A Safe, Healthy, Inclusive, and Skilled Community Efficient Transportation and Infrastructure Systems TI-2.1A Major Street Plan Integration: The property is located on the west side of Mountain View Road which is identified as a Principal Arterial Street on the City s Major Street Plan. Economic Stability and Growth EC-3.1C Other Employment Areas: The proposed Conditional Use Permit supports the reinvestment in an established commercial corridor. Outstanding Recreational and Cultural Opportunities Responsive, Accessible, and Effective Governance GOV-2.1A Public Input Opportunities: The proposed Conditional Use Permit requires that public notice be advertised in the newspaper and that mailings are sent to property owners within 250 feet of the planned development boundary. The requested Conditional Use Permit application is before the Planning Commission for review and approval. The public has an opportunity to provide input at this meeting. Comprehensive Plan Conformance Growth and Reinvestment Chapter Future Land Use Plan Designation(s): Mixed-Use Commercial Design Standards: GDP-MU7 Rehabilitation of Existing Activity Centers and Corridors: As noted above, the property is the former location of a Kentucky Fried Chicken. The new restaurant supports the goal of reinvesting in an established commercial corridor located

7 within the periphery of the Baken Park Community Activity Center. Comprehensive Plan Conformance Neighborhood Area Policies Chapter Neighborhood: West Rapid Neighborhood Goal/Policy: WR- Mixed-Use Development: As noted above, the new restaurant supports the goal NA1.1D of reinvesting in an existing commercial corridor and providing a greater variety of uses within the periphery of the Baken Park Community Activity Center. Findings Staff has reviewed the Conditional Use Permit to allow an on-sale liquor establishment in conjunction with a restaurant pursuant to Chapter 17.18, Chapter (E), and Chapter of the Rapid City Municipal Code and the goals, policies, and objectives of the adopted Comprehensive Plan. The property is located within an existing commercial corridor located along Mountain View Road and West Main Street. Blaze Pizza is a new restaurant under construction and they are proposing to sell beer and wine. The proposed development supports the Comprehensive Plan goals of supporting reinvestment in existing commercial areas and encouraging a diversification of uses. Staff recommends that the Conditional Use Permit to allow an on-sale liquor estbalishment in conjunction with a restaurant be approved with the following stipulation: 1. No Light Emitting Diode (LED) message centers are being approved as a part of this request. The inclusion or addition of any LED message centers shall require a Major Amendment to the Conditional Use Permit. All signage shall meet the requirements of the Rapid City Sign Code. A sign permit shall be obtained for each sign; and, 2. The Conditional Use Permit shall allow an on-sale liquor establishment in conjunction with a restaurant. Any expansion to the on-sale use shall require a Major Amendment to the Conditional Use Permit. Any change in use that is a permitted use in the General Commercial District in compliance with the Parking Ordinance shall require the review and approval of a Building Permit. Any change in use that is a Conditional Use in the General Commercial District shall require the review and approval of a Major Amendment to the Conditional Use Permit.

8 Rapid City Community Planning & Development Services Development Review Advisories Disclosure: The Development Review Team has created this list of Advisories as a courtesy for your specific application. This is not a complete list. All City, District, State, and Federal requirements must be continually met. Applicant Request(s) Case # 17UR019 Conditional Use Permit to allow an on-sale liquor establishment in conjunction with a restaurant Companion Case(s) # NA ADVISORIES: Please read carefully! 1. A Building Permit shall be obtained prior to any structural construction and a Certificate of Occupancy shall be obtained prior to occupancy; 2. All provisions of the General Commercial District shall continually be met; 3. All outdoor lighting shall continually 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, 4. All applicable provisions of the adopted International Fire Code shall continually be met.