Agenda Item Title:
Title
Jackson's "C" Store (Conditional Use Permit - gas sales, alcohol sales and extended hours)
1295 E. 10600 S. Street
[Community #12]
Body
Presenter:
Doug Wheelwright
Body
Description/Background:
The applicant, Mr. Jason Sandberg with Curtis Miner Architects, representing the property owner, Scott Stom, with Jackson’s Food Stores, Inc., of Meridian, Idaho, is requesting that the Planning Commission consider a request for preliminary Commercial Site Plan Review and Conditional Use for a new automotive self-service gas station, beer sales for off-premise consumption and extended business hours from 6:00 A.M. to midnight on the property located at 1295 E. 10600 S. Street in Sandy. The Planning Commission is the land-use authority for these requested actions.
The site is currently occupied by an existing Chevron automotive self-service gas station, car wash and convenience store, which will all be demolished in preparation for the new development. The property is located in the Community Commercial (CC) zoning district. A Conditional Use Permit is required due to the location of residential zoning within 250 feet (West) of the property. This Conditional Use Permit also triggers the requirement for the City to hold a neighborhood meeting to gather comments and input from the neighbors, prior to scheduling the matter for a decision by the Planning Commission.
Under the Sandy City Development Code, the Planning Commission, through the Conditional Use process, can: approve Conditional Uses if no mitigation of reasonably anticipated detrimental impacts is necessary; approve Conditional Uses, subject to reasonable conditions designed to mitigate or eliminate reasonably anticipated detrimental impacts; or deny Conditional Uses, if it is determined that reasonably anticipated detrimental impacts cannot be adequately mitigated. The burden of mitigating these impacts or effects is the responsibility of the applicant and not of the municipality or adjacent property owners (Section 21-33-04).
Recommended Action and/or Suggested Motion:
Recommendation
Staff recommends that the Planning Commission grant the Conditional Use requests to allow Automotive Self-Service Gas Station; Beer Sales for Off-premise Consumption and Extended Business Hours to 6:00 A.M. to Midnight, based on the staff report, the staff findings 1 to 15 in the above analysis of the Conditional Use Standards and the three additional findings listed below and subject to the following three conditions:
FINDINGS:
A. That the various City Departments and Divisions, including the City Engineer and the Transportation Engineer, have preliminarily approved the proposed related site plan.
B. That the proposed site planning and infrastructure improvements, building design and the existing 8 foot masonry wall will provide substantial mitigation of reasonably anticipated detrimental impacts of the Automotive Self-Service Gas Station, Off-premise Beer Sales and Extended Business Hours to 6:00 A.M. to Midnight.
C. That the proposed land use request has been reviewed by staff considering the 15 standards contained in the Sandy City Development Code, 21-33-04, Conditional Use Process, and appropriate and adequate mitigation measures will be implemented or will be imposed as deemed necessary to minimize impacts to the surrounding business community, subject to the following conditions:
CONDITIONS OF APPROVAL:
1. That the applicant proceeds through final site plan approval with staff as required by the Sandy City Development Code.
2. That the Conditional Use Permit for Automotive Self-Service Gas Station, Beer Sales for Off-premise Consumption and Extended Business Hours to 6:00 A.M. to Midnight be reviewed upon future legitimate citizen complaint or staff observation of non-compliance with conditions.
3. That the applicant be responsible to meet all provisions of the Sandy City Development Code and all conditions of approval that are included in this report and as may be imposed by the Planning Commission to mitigate the reasonably anticipated detrimental effects of the proposed uses.