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File #: AR DP 21-00813    Version: Name: Kum & Go Appeal
Type: Planning Case Status: Passed
File created: 6/6/2022 In control: City Council
On agenda: 8/9/2022 Final action: 8/9/2022
Title: An appeal of the Planning Commission's decision to deny a Development Plan (AR DP 21-00813) for a Kum & Go gas station, convenience store and associated parking and landscaping on a 1.04-acre site located at the southeast corner of south 8th street and West Brookside Street. (Quasi-Judicial) Related File: AR FP 21-00814 Presenter: Matthew Alcuran, Planner II, Planning and Community Development Department Peter Wysocki, Planning and Community Development Director, Planning and Community Development Department
Indexes: Appeals
Attachments: 1. CC_AppealStatement_Kum&Go, 2. Staff Presentation_Kum & Go Gas Station Appeal CC_MDA 080922, 3. Kum&GoCCPresentation, 4. CC_LetterUrbanStrategies, 5. CPC_StaffReport_Kum&GoGasStationAppeal, 6. Approval Letter Development Plan, 7. Approved Plan Set, 8. CPC_Appeal Statement_Urban Strategies, 9. CPC_kum&goappellantexhibit, 10. CPC_Appeal Statement_Severson, 11. CPC_Applicant Appeal Response, 12. CPC_PublicComments, 13. Additional Public Comments, 14. BrooksideGardens_JanelleWalters, 15. Map of known nearby gas stations, 16. Context Map, 17. Vicinity Map, 18. PlanCOS Vision Map, 19. CPC_Minutes_Kum&Go_draft, 20. 7.5.906 (B) Appeal of Commission-Board, 21. 7.5.502.E Development Plan Review, 22. CC_PostponementRequest_Kum&Go
Related files: AR FP 21-00814

Title
An appeal of the Planning Commission's decision to deny a Development Plan (AR DP 21-00813) for a Kum & Go gas station, convenience store and associated parking and landscaping on a 1.04-acre site located at the southeast corner of south 8th street and West Brookside Street.

(Quasi-Judicial)

Related File: AR FP 21-00814

Presenter:
Matthew Alcuran, Planner II, Planning and Community Development Department
Peter Wysocki, Planning and Community Development Director, Planning and Community Development Department

Body
Summary:
Owner: Sterling Wolf, Inc. and Kosgove Metal
Developer: Kum & Go, L.C.
Representative: Entitlement and Engineering Solutions, Inc.
Location: Southeast corner of South 8th Street and West Brookside Street.

Planning Staff administratively approved a Development Plan to allow construction of a new convenience store, fuel canopy, associated drives, parking and landscaping, and a Final Plat to combine five (5) parcels into a single parcel for the Kum & Go gas station, on a 1.04-acre site located at the southeast corner of South 8th Street and West Brookside Street.

An appeal was filed by 352, LLC, which is represented by Mr. Les Gruen of Urban Strategies, Inc. A 2nd appeal was then file by Eric and Anna Nicol and Jon Severson and Melinda Edwards. The City's Planning Commission held a public hearing on June 16, 2022, where they reversed the administrative decision to approve thus denying both the Development Plan and the Final Plat on a 4 to 1 vote. The Planning Commission found that the proposal did not meet the approval criteria requiring the use to be compatible and harmonious with the neighborhood per City Code Section 7.5.502.E.1 "The details of the use, site design, building location, orientation and exterior building materials are compatible and harmonious with the surrounding neighborhood, buildings and uses, including not-yet-developed uses identified in approved development plans." An appeal of Planning Commission'...

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