WORKSHOP ITEM Bryan Schafer, Community Development Director
Title
GAS SALES DISTANCE FROM SCHOOLS
Background
A grocery use/retail developer is developing plans for the 40 acre site at 125th and Jefferson (between the Crescent Ponds neighborhood and Roosevelt Middle School). They have developed a very preliminary plan (see attached) for our discussion. As you can see from the plan they hope to place a gas/convenience store at the entrance to the development adjacent to Jefferson Street. The developer feels that the convenience/gas component is critical to the success of the grocery store use and development.
Currently a portion of this site (see attached zoning map) is zoned B-2 (community Commercial). The B-2 zoning text does not allow gasoline sales within 1,000 feet of a school building. The site plan shows where the 1,000 feet setback intersects with the gas pumps/canopy that will be proposed.
This 40 acre site is envisioned to have several components including possibly multi-family residential, similar to what was approved with Walker Senior several years ago. The scale and type of development that is proposed on this site is similar to several other developments in the City such as Victory Village (Target), National Market Center (Menards) and the newly proposed Wellington Development at 109th and Lexington Avenue. All of these developments are zoned PBD (Planned Business District). The PBD has tighter controls and higher standards than general B-2 development. All uses in the PBD are by CUP (Conditional Use Permit). The PBD also allows multi-floor residential.
Since the PBD zoning will be requested by the developer, and recommended by staff, it should be noted that the PBD allows gas sales, but does not place any spacing requirement from schools. This would be the first large PBD development that is fairly close to a school and would place the gas at about 900 feet.
Staff does not have any concerns supporting their application for gas and bringing it forward under the PBD as proposed.
Recommendation
Provide Council consensus on whether the PBD zoning can be used to bring this development (with gas) forward.