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File #: ZONE-23-0003    Version: Name: Kum & Go
Type: Planning Case Status: Mayor's Office
File created: 5/23/2023 In control: City Council
On agenda: Final action: 8/8/2023
Title: Ordinance No. 23-38 amending the zoning map of the City of Colorado Springs relating to 1.81 acres located at the southwest corner of the East San Miguel Street and North Circle Drive intersection to retain the current zoning classification of MX-M/CR (Mixed-Use Medium Scale with Conditions of Record) and remove the condition of record #2, which stipulates that "All activities shall be conducted entirely within a building." (Quasi-Judicial) Related Files: COPN-23-0002 Presenter: Austin Cooper, Planner II, Planning & Community Development Peter Wysocki, Director, Planning & Community Development
Attachments: 1. Ordinance, 2. Ordinance 12-92, 3. Exhibit A - Legal Description, 4. Exhibit B - Zone Change, 5. Staff Report, 6. Project Statement, 7. Public Comments, 8. Response to Public Comments, 9. Context Map, 10. Community Meeting Neighborhood Sign-in Sheet, 11. 7.5.603 Findings - ZC, 12. Post Planning Commission Public Comment, 13. Signed Ordinance No. 23-38.pdf
Related files: COPN-23-0002

Title
Ordinance No. 23-38 amending the zoning map of the City of Colorado Springs relating to 1.81 acres located at the southwest corner of the East San Miguel Street and North Circle Drive intersection to retain the current zoning classification of MX-M/CR (Mixed-Use Medium Scale with Conditions of Record) and remove the condition of record #2, which stipulates that "All activities shall be conducted entirely within a building."

(Quasi-Judicial)

Related Files: COPN-23-0002

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 1.81 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 we...

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