SITE DATA
Location Description:
949 E Prospect Rd (parcel # 9724105001) & 1607 S Lemay Ave (parcel# 9724106016)
Sign Number:
705
North:
E Prospect Road
South:
E Stuart Street
East:
S Lemay Ave
West:
Stover Street
Zoning 1:
NC--Neighborhood Commercial District
GENERAL
RCIM:
Commercial
Combined Submittal:
No
Subdivision Plat:
With Plat
Current Round:
3
Affordable Housing:
No
DATES
Project Submittal Date:
03/10/2023
Project Expiration Date:
01/07/2024
Hearing Date:
11/30/2022
Hearing Type:
Type 1
Decision:
Approved w/Conditions
Decision Date:
12/11/2022
Conditions of Approval:
DECISION
Based on the findings set forth above, the Hearing Officer hereby enters the following ruling:
A. The Modification of Standard for the separation/proximity standard set forth in LUC Subsection 4.23(B)(2)(c)8 – Convenience retail stores with fuel sales standard is approved.
B. The Kum & Go #0951 PDP (PDP # 210013) is hereby approved, subject to the following conditions of approval:
1. the Applicant shall provide enclosed and fixed bicycle parking in compliance with LUC Subsection 3.2.2(C)(4);
2. the Applicant shall provide landscape island(s) in adequate shape, size and quantity in the Final Development Plan in order to comply with the requirements of LUC Subsection 3.2.2(E)(4);
3. the Applicant shall limit the hours of operation and hours that certain deliveries (or service calls, as applicable) may be made on the Subject Property as follows2:
Hours of operation
Limited to 5 a.m. – 11 p.m. Monday through Friday
Limited to 6 a.m. – 10 p.m. Saturday and Sunday
Restricted Delivery Hours
No fuel/food/merchandise deliveries before 7:30 a.m. – 7 days/week
No fuel/food/merchandise deliveries after 7:00 p.m. – 7 days/week
No trash/recycling service before 7:30 a.m. – 7 days/week
No trash/recycling service after 7:00 p.m. – 7 days/week
2 The Applicant and City Staff shall be permitted to work in good faith to modify the hours of operation and restricted delivery hours set forth in this condition of approval, provided that: (1) City Staff finds and determines that the final agreed-upon hours of operation and restricted delivery hours properly balance the economic needs of the Applicant with the needs of City residents in the vicinity of the Subject Property; and (2) the final agreed-upon hours of operation and restricted delivery hours are clearly set forth and referenced in the Final Development Plan.
7
4. the Applicant shall modify the FDP lighting/photometric plan to reduce all off-hour site lighting to comply with the limits of the LC1 Lighting Context Area (low ambient lighting) referenced in LUC Section 3.2.4.
DATED this 11th day of December, 2022.
___________________________________
Marcus McAskin
Hearing Officer
PDP Approval Date:
12/11/2022
BUILDING AND SITE
Commercial:
4000
Building Floor Area Ratio:
0.0821
Platted Area:
1.46
Commercial Area:
48685
Right of Way Area:
1.13
Parking and Drive Area:
23746
Landscape Area:
11667
Open/Other Area:
13272
Gross Area:
63597.6
Floor Area Ratio:
0.0821
Commercial Area Acres:
1.1177
Right of Way Area Acres:
0
Parking and Drive Area Acres:
0.5451
Landscape Area Acres:
0.2678
Open/Other Area Acres:
0.3047
Gross Area Acres:
1.46