File #: ID 15-0642    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 7/21/2015 In control: City Council
On agenda: 10/20/2015 Final action: 10/20/2015
Title: Ordinance Amending Section 30-15-4 of the Land Development Ordinance (LDO) to Define what Constitutes a "Convenience Stores (with Fuel Pumps)" for the use Specifically Indentified in the Permitted Use Table
Sponsors: Planning
Attachments: 1. clerk ad memo for convenience store amendment, 2. convenienve store presentation, 3. Partial Planning Board Minutes, 4. 15-0642 ORD Covenience Store Amendment

 

Title

Ordinance Amending Section 30-15-4 of the Land Development Ordinance (LDO) to Define what Constitutes a “Convenience Stores (with Fuel Pumps)” for the use Specifically Indentified in the Permitted Use Table

 

Body

 

Department: Planning                     

Council District: All Districts

 

Public Hearing: Yes

Advertising Date/By: October 8th & 15th/ City Clerk

 

Contact 1 and Phone: Steve Galanti at 373-2918

Contact 2 and Phone: Sue Schwartz at 373-2149

 

PURPOSE:

The purpose of the text amendment is to amend the Land Development Ordinance (LDO) to define what constitutes a “Convenience Stores (with Fuel Pumps)” for the use specifically indentified in the permitted use table. The City Council is required to hold a public hearing on this amendment before considering its approval.

 

BACKGROUND:

Convenience stores (with fuel pumps) are allowed in all Commercial (except C-N), all Mixed Use (except MU-L), Business Park, LI and HI zoning districts. In the MU-M, MU-H, C-L, and Business Park districts, convenience stores must also meet additional development standards (Sec. 30-8-10.4(H)) that incorporate architectural and site design features to aid in compatibility with nearby residential uses. The LDO does not currently provide an actual definition of the term “Convenience Stores (with Fuel Pumps).”

 

The resolution of this issue was requested as a result of conversations related to a Sheetz Gas Station located on US 29 (near Anita Lane) where there is interest in providing facilities for a limited number of trucks, while maintaining the main focus of the site as a typical convenience store with fuel pumps.  The gas station is currently dealing with trucks coming to the site and there are not adequate facilities to readily service the trucks. Preparation of the plans to address the situation, by adding facilities for the trucks, led to the determination that the use was transitioning to a “Truck Stop” thereby triggering the need to a rezoning.

 

This amendment would create a definition for “Convenience store (with fuel pumps)” in Sec. 30-15-4. The new definition would state that Convenience store (with fuel pumps) are any retail establishment offering for sale any combination of fuels, automotive products, prepared or prepackaged food products, household items, and other goods commonly associated with this use, and may also include fueling stations designed for no more than 3 tractor trailers or other heavy trucks.

 

This amendment would permit convenience stores with fuel pumps to provide an area to fuel a no more than three trucks. No overnight parking of trucks would be permitted.  This item was referred to Council by the Infrastructure Committee.

 

BUDGET IMPACT: There will be no impact on the current or future budgets.

 

RECOMMENDATION / ACTION REQUESTED:

The Planning Board recommended this amendment at its September meeting on a vote of 6-0. Staff recommends that City Council receive citizen comments and consider adoption of the proposed text amendment.