HomeMy WebLinkAboutKUM & GO #0951 - PDP210013 - SUBMITTAL DOCUMENTS - ROUND 2 - MODIFICATION REQUESTProposal
The plan proposes to consolidate and redevelop four properties at the southwest corner of Lemay and
Prospect. Existing structures to be demolished include a gas station and two single-family detached
residences the fourth remaining property would be subdivided to preserve a single-family detached
residence along E Prospect Road.
Modification Request
This is a request to modify the 3,960 feet separation standard pursuant to 4.23(B)(2)(c) for convenience
retail stores with fuel sales to allow an existing gasoline station to be demolished and reconstructed
within 80 feet of an existing 7-Eleven/Conoco and 2,750 feet from a Loaf n’ Jug located at the northeast
corner of Elizabeth Street and S Lemay Ave.
2,750’ 80’
Land Use Code Standard
4.23(B)(2)(c) - Convenience retail stores with fuel sales, provided that they are at least three thousand
nine hundred sixty (3,960) feet (three quarters [¾] of a mile) from any other such use and from any
fueling station.
The purpose of the standard is to prevent the proliferation of convenience retail store with fuel sales
within or around the Neighborhood Commercial zone district.
Applicant Justification
Our request to modify the standard is based on the following two modification criterions:
1. Granting of the modification of standard would not be detrimental to the public good for the
following reasons:
a. The proposed convenience store with fuel will be replacing an existing fuel station and
upgrading the surrounding landscaping and pedestrian facilities
b. The addition of the right turn lane will improve driver and pedestrian safety at the
intersection of Prospect and Lemay
c. The bus stop located along the eastern property boundary will be upgraded to meet the
City’s current standard
d. Both public and private stormwater improvements are proposed with the development
to address minor flooding in Prospect due to undersized existing infrastructure
2. The plan as submitted will not diverge from the standards of the Land Use Code that are
authorized by this Division to be modified except in a nominal, inconsequential way when
considered from the perspective of the entire development plan, and will continue to advance
the purposes of the Land Use Code as contained in Section 1.2.2.
a. The proposed development is in compliance with all sections of the Land Use Code
except for the standard being modified with this request and is not changing, but
expanding, the existing use of the site