HomeMy WebLinkAboutMemo from PlanningProject: Maverik (CUP-08-009)
Location, size of property and existing zoning: The site is located on the northwest corner of N. Ten Mile
Road and W. Ustick Road, on Lot 4, Block 1, of McNelis Subdivision. The site consists of 1.14 acres and
is currently zoned C-G.
Adjacent Land Use and Zoning:
1. North: Vacant property in transition to commercial use, McNelis Subdivision, zoned C-G
2. East: Single-family residences in Hartford Subdivision, zoned R-4
3. South: Rural residential property, zoned RI
4. West: Agricultural property in transition to commercial/office use, McNelis Subdivision,
zoned L-O
Applications: CUP for a convenience store and fuel sales facility in a C-G zone, per requirement of the
Development Agreement
Gross Commercial Square Footage of Structures: 4,200 s.f.
Summary of Proposed Streets and/or Access: Access to this site is proposed from W. Ustick Road across
Lot 5, Block 1, of McNelis Subdivision via an ingress-egress/cross-access easement recorded on the final
plat. An ingress-egress/cross-access easement is also depicted on the final plat for the benefit of the
subject lot across Lots 2 & 3 to the north for access to Ten Mile Road. No direct lot access to Ustick or
Ten Mile is proposed.
Landscaping:
1. Width of street buffer(s): A minimum 25-foot wide buffer is required to be constructed along
N. Ten Mile Road and along W. Ustick Road; landscaping within the buffers shall comply
with the current street buffer landscaping standards listed in UDC 11-313-7.
2. Width of buffer(s) between land uses: NA (There are no residential uses that abut this site.)
3. Other landscaping standards: Parking lot landscaping is required in accordance with the
standards listed in UDC 11-313-8C.
Off -Street Parking: 8 parking spaces are required; 20 spaces are proposed
Comprehensive Plan Designation: Commercial
Compliance with Comprehensive Plan: Yes
Compliance with UDC: Yes
Previous Applicable DA requirements: CUP approval is required for a convenience store use on this site
History of Previous Actions:
• This property was annexed in 2004 with a C-G zone. At the public hearing, neighbors expressed
concern about a convenience store being located on the subject property and the hours of
operation for that type of use. A Development Agreement (Instrument #104093293) was
approved and recorded with the annexation that included provisions for development of the
property. A specific provision of the DA required CUP approval for a convenience store use on
the subject property.
• A Preliminary Plat (PP-04-004) was also approved in 2004 with the annexation for McNelis
Subdivision. The plat consisted of 16 building lots and 5 common lots on 34.07 acres in the L-O,
C-G, and I-L zoning districts.
• A Final Plat (FP-05-047) was approved in 2005 for 16 building lots and 4 common lots on 34.6
acres in the L-O, C-G, and I-L zoning districts.
0 A Time Extension (TE-05-003) was approved in 2005 that granted a 1 year time extension to
record the final plat.
A Time Extension (TE-07-012) was approved in 2007 that granted a 6 month time extension to
record the final plat. The final plat has since been recorded.
Elevations: Yes
Outstanding Issue(s) for Commission: The Commission should consider any testimony provided by
adjacent residents at the hearing in determining if hours of operation for the C-store should be limited; it
is proposed to be open 24 hours/7 days a week.
Staff Recommendation: Staff is recommending approval of the proposed CUP per the staff report.
Notes: