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STAFF REPORT
Item: Public hearing. and consideration of a Conditional Use Permit for the use only to permit a
convenience store and service station in a C-B zoned district. The site is located on the northwest
corner of University Drive and Highway 6 Bypass. (98-709)
Item Summary: The request is for approval so that the applicant may .pursue the development of
a retail center that will include a bank drive thnu, a fast food restaurant with a drive thru, and a
convenience store/senvice station in the University Drive entrance corridor. The C-B zoning in the
that has been applied to the corridor originally did not permit service stations or convenience stores
because the intent of the district was to allow only those commercial uses that tend to have
aesthetically pleasing site layouts. The C-B district was amended recently to permit service
stations. and convenience stores as conditional uses to aclrnowledge that under certain conditions
and restrictions, such uses could present aesthetically pleasing sites as -well.
The Overlay .District was also applied to the corridor, which does not affect the underlying uses,
but includes additional aesthetic .requirements.. The Overlay contains specific restrictions for
service stations should the underlying zoning permit such a use.
The proposed building'and site layout are to resemble a similar site owned by the same applicant at
the corner of Welsh and 281.8, That site was built under the Overlay .district requirements because
it was zoned C-1 with, the Overlay provisions. Staff believes that the proposed use will meet the
intent of the other University Drive Corridor regulations if the site is built similarly to the Exxon
Station across from the High School.
Relationship to Comprehensive Plan; The Land Use Plan shows this area as mixed use.
Item Background: The University Drive Corridor Study, which was adopted by Council in 1991,
recommended a mix of commercial and office uses for the majority of the University Drive
frontage. extending from Tarrow to the East .Bypass. The intent of the recommendations was to
encourage an attractive entrance into the City through land. use and aesthetic controls. Council
approved a new commercial .district, which lists a range of uses such as hotels, restaurants, and
retail, but. prohibited. convenience stores and service stations. The lots that had been zoned C-1
during the 1980's, including ,the subject. tract, were rezoned to the new C-B District in 1992 to
ensure uses would be in compliance with the corridor plan.
The Overlay District was created and applied to the corridor as well. This district contains specific
aesthetic ° requirements and restrictions for all development in general as well as additional
requirements. for service stations.
Budgetary & Financial Summary: NA
Staff Recommendations: Section 14 of .the- Zoning Ordinance authorizes the existence of
conditional uses. The Commission may permit a conditional use subject to appropriate conditions
and safeguards, when after public notice and hearing the Commission finds that: (Staff comments
are in italics)
1. "The proposed use meets all the minimum standards established in the ordinance for the
type of use proposed." This use meets all of the minimum ordinance requirements.
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2. "That the proposed use meets: the purpose and intent of the ordinance and is in harmony
with the development policies and goals and objectives as embodied in the Comprehensive Plan for
Development of the City." This use is not in con, flict with the Land Use Plan.
3. "That the. proposed use will not be detrimental to the health, welfare, and safety of the
surrounding neighborhood or its occupants, nor be substantially or permanently .injurious to
neighboring property." The public hearing is an opportunity for the Commission to measure the
potential impact on surrounding land uses.
"The Commission may impose additional reasonable restrictions or conditions to carry out the
spirit and intent of the ordinance. and. to mitigate adverse effects of the .proposed .use. These
requirements may include, but are not limited to, increased open space, loading and parking
requirements,. additional landscaping, and additional improvements such as curbing, sidewalk.4 and
screening."
Unless the public hearing brings to light any new information indicating potential negative
impacts, Staff recommends approval with the condition that the site is built similar to the style of
the Exxon Station at Welsh and 2818.
Related Advisory Board Recommendations: N/A until the site plan is submitted: The PRC will
review the building materials, signage, and building style before the site plan comes before the
Commission.
Commission Action Options:. The Commission has final authority over the Conditional Use
Permit and associated site.. plan. The options regarding the use permit are:
1. approval as submitted
2. approval with conditions relating to specific site characteristics or with time limitations
3. denial with. specified reasons for denial
4. table, or
5. defer action to a specified date.
Supporting Materials:
1. Location Map
2. Application
3. Engineering Information and Notification Information
4. Letter from applicant
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ENGINEERING
Engineering will review the future site plan for all engineering-related issues.
NOTIFICATION:
Legal Notice Publication(s): The Eagle; 12 2-98
Advertised Commission Hearing Dates(s): 12-17-98
Advertised Council Hearing Dates: Not required
Number of Notices Mailed to Property Owners Within 200': 4
Response Received: None as of date of staff report
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