AGENDA CAPTION:
Title
CUP-23-25 (Fischer’s Neighborhood Market) Hold a public hearing and consider a request by Kirk Brumley, on behalf of Juniper Ventures of Texas, LLC, for a Conditional Use Permit to allow the use of Convenience Store with Gas Sales and Automated Car Wash, located at 1390 W Wonderworld Dr. (K. Buck)
Body
Meeting date: September 26, 2023
Department: Planning & Development Services
Amount & Source of Funding
Funds Required: N/A
Account Number: N/A
Funds Available: N/A
Account Name: N/A
Fiscal Note:
Prior Council Action: N/A
City Council Strategic Initiative:
N/A
N/A
N/A
Comprehensive Plan Element (s):
☐ Economic Development - Choose an item.
☐ Environment & Resource Protection - Choose an item.
☐ Land Use - Choose an item.
☐ Neighborhoods & Housing - Choose an item.
☐ Parks, Public Spaces & Facilities - Choose an item.
☐ Transportation - Choose an item.
☐ Core Services
☐ Not Applicable
Master Plan:
Choose an item.
Background Information:
In May of 2012 City Council approved a development agreement on the subject property. This development agreement dedicated 70 acres of open space to continue Purgatory Creek and allow the developer to construct residential homes along Valencia Way and commercial along the four corners of the intersection of Wonder World Drive and Craddock Avenue.
In April of 2021 a similar request was made to allow gas sales and a car wash on the subject property. This request was denied by Planning & Zoning Commission due to the commission’s reservations regarding environmental concerns as well as curb cuts along Wonder World Drive.
Council Committee, Board/Commission Action:
N/A
Alternatives:
N/A
Recommendation:
The applicant has requested that a motion be made for each use (fuel sales and automated car wash). For this reason, staff’s recommendations reflect each requested use individually.
Staff recommends approval of fuel sales (CUP-25-25) with the following conditions:
1. Curb cuts shall be prohibited along Wonder World Drive; and
2. Vehicular access shall be prohibited from Franklin Drive or Amherst Avenue; and
3. The development shall provide a minimum of four (4) electric vehicle charging stations; and
4. The development shall provide solar panels; and
5. The development shall meet all tree preservation and protection of Section 6 Division 2; and
6. The development shall provide a triple containment fuel system with three walls to contain any fuel leakage that could potentially occur; and
7. A protective yard C or D shall be constructed, in accordance with Section 7.2.2.4, along the property line where the General Commercial zoning abuts Single-family 6 (SF-6) and Mixed Use (MU) zoning subject to appropriate designs that do not obstruct drainage; and
8. The drive thru shall be screened, in accordance with Section 7.1.4.4, with a landscape strip and berm along Craddock Avenue; and
9. The development shall provide a pedestrian access along the Northeast property line; and
10. The development shall provide a bike repair station with tools necessary to perform bike repairs and maintenance, and include a pump; and
11. The development shall provide a stormwater treatment level of 89% in accordance with Section 6.1.4.1; and
12. The development shall construct a greenway along the North and Northeast property lines per the City’s Transportation Master Plan; and
13. The development shall not exceed 125% of the required parking by code; and
14. The approval shall expire if the fuel sales use ceases operations for a continuous period of more than six (6) months.
Staff recommends approval of automated car wash (CUP-25-25) with the following conditions:
1. The car wash shall be screened, in accordance with Section 7.1.4.4, with a landscape strip and berm along Wonder World Drive; and
2. The development shall provide a self-contained car wash system and shall reclaim and recycle the water from the car wash; and
3. A protective yard C or D shall be constructed, in accordance with Section 7.2.2.4, along the property line where the General Commercial zoning abuts Single-family 6 (SF-6) and Mixed Use (MU) zoning subject to appropriate designs that do not obstruct drainage; and
4. All washing, waxing, machine drying and related activities and operations shall be conducted entirely within an enclosed building (except for vehicular openings a maximum of 12 feet in width) with the exception of vacuuming, hand washing, hand drying and hand waxing of vehicles, the sale of items from vending machines and refuse storage and disposal; and
5. No vehicular openings providing access to the enclosed building shall face the residential district. For purposes of this section, the building wall providing access shall be at an angle greater than 60 degrees from the residential district line; and
6. All vacuuming and compression machines located outside of the enclosed building shall meet the noise standards of Section 7.4.2.1; and
7. Operation of the automated car wash shall be prohibited prior to 6am or after 8pm on all days of the week. The hours of operation shall be required to be posted on site at a conspicuous location and all of the establishment’s car wash equipment shall be rendered inoperable at all times other than during its hours of operation.
8. The approval shall expire if the car wash use ceases operations for a continuous period of more than six (6) months.