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File #: COPN-23-0002    Version: Name: Kum & Go
Type: Planning Case Status: Passed
File created: 5/23/2023 In control: City Council
On agenda: 8/8/2023 Final action: 8/8/2023
Title: A Concept Plan for a food convenience store with fuel sales on a 1.82-acre site, located at the southwest corner of East San Miguel and North Circle Drive. (Quasi-Judicial) Related Files: ZONE-23-0003 Presenter: Austin Cooper, Planner II, Planning & Community Development Peter Wysocki, Director, Planning & Community Development
Attachments: 1. Staff Report, 2. Concept Plan, 3. Context Map, 4. PlanCOS Vision Map, 5. 7.5.501.E Concept Plans, 6. Post Planning Commission Public Comment
Related files: ZONE-23-0003

Title
A Concept Plan for a food convenience store with fuel sales on a 1.82-acre site, located at the southwest corner of East San Miguel and North Circle Drive.

(Quasi-Judicial)

Related Files: ZONE-23-0003

Presenter:
Austin Cooper, Planner II, Planning & Community Development
Peter Wysocki, Director, Planning & Community Development

Body
Summary:
Owner: Fred and Barbara Garcia
Developer: Kum & Go. L.C.
Representative: Entitlement and Engineering Solutions, INC.
Location: Southwest corner of the East San Miguel Street and North Circle Drive intersection

The project proposes concurrent applications for a Zone Change and Concept Plan. The Zone Change proposes to remove Condition No. 2 of City Ordinance No. 12-92 which stipulates "All activities shall be conducted entirely within a building.", while retaining the current Zoning Classification of MX-M/CR (Mixed-Use Medium Scale) with Condition of Record. All other conditions placed on the project site will remain unaltered. The Concept Plan proposed the future development of a Kum and Go convenience store and ancillary fuel sales canopy. The project site is located at southwest corner of the East San Miguel and North Circle Drive intersection and is approximately 1.82-acres in size.

Background:
The City recently adopted the Unified Development Code (UDC), which is the City's new Zoning Code. The UDC went into effect on June 5, 2023. Per Section 7.3.303.3 of the UDC:
"Fuel Dispensing Stations" Fuel Dispensing Stations shall maintain a two hundred and fifty (250) separation from residential zone districts including R-E, R1-9, R1-6, R-2, R-4, R-5, R-Flex Low, R-Flex Medium, and R-Flex High." The properties located directly to the west and southwest of the site are zoned R-5 (Multi-Family Residential) and are less than two hundred and fifty (250) feet from the project site. The Applicant submitted a development plan application prior to the June 5, 2023 UDC effective date and, as such, the applicatio...

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