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Commission upholds staff recommendation and denies rezoning that would allow hard-liquor sales at Southwest Mart
Summary
The commission denied a request to rezone 3718 Southwest 9th Street from RX1 to MX3 — a step the applicant needed to add hard-liquor sales — because the property falls short of the 500-foot separation required from certain uses (about 182 feet to a nearby church).
The Des Moines Plan and Zoning Commission voted on Aug. 15 to follow staff advice and deny a rezoning request that would have allowed a convenience store at 3718 Southwest 9th Street to obtain the conditional use necessary to sell alcoholic liquor.
Planning staff presented the rezoning request and said the subject property is roughly 182 feet from a church boundary, well short of the 500-foot separation required under the zoning criteria for selling alcoholic liquor near places of worship, schools, parks or licensed childcare facilities. Sir Yoshi Chakraborty, planning staff, told commissioners that because the property fails that separation criterion, rezoning to MX3 would not enable the applicant to obtain the conditional use without a variance — a relief that has a high threshold and is not frequently granted.
The applicant, who operates the Southwest Mart convenience store, said selling liquor would improve consumer convenience and help the business economically, and pledged to follow responsible sales practices such as ID checks and hour limits. The owner and operator said similar liquor sales exist nearby and emphasized safety and community engagement during neighborhood meetings.
Commissioners asked about corridor character and precedent uses; staff said similar gas-station uses exist in the corridor but that rezoning would not be consistent with the corridor’s current RX1 character and that separation requirements remain an impediment. Commissioner (Speaker 15) moved to follow staff’s recommendation; the motion carried.
The commission’s decision is advisory where appropriate for subsequent steps in the process, but by denying rezoning the applicant cannot proceed to the zoning board for the conditional use to add hard-liquor sales unless they later obtain a variance or a change in circumstances regarding the 500-foot separation. The applicant may choose to pursue alternate approaches, including pursuing a variance, seeking a different site, or revising the application.
