This is a request for City Council to hold a Public Hearing to consider an appeal of the Planning & Zoning Commission’s decision on March 16, 2017 to approve a Conditional Use Permit for a proposed QuikTrip to be located at the southwest corner of 95^th Avenue and Olive Avenue.

 The City received four (4) letters of opposition and four (4) phone calls of opposition to the request on the day before and the day of the Planning & Zoning Commission meeting.  On March 16, 2017, the Planning & Zoning Commission held a public hearing and voted to approve the Conditional Use Permit (4-1 vote).  There were four (4) speakers in opposition to the request, and an additional eight (8) attendees in opposition who did not wish to speak.  The appellant to the Planing & Zoning Commission decision was present at the public hearing.

Background

The applicant, Brian Greathouse of Burch & Cracchiolo, on behalf of QuikTrip Corporation is proposing to construct a 10-pump gasoline station and 5,773 square foot convenience store on a 4.11 acre site located at the southwest corner of 95th and Olive Avenue.  The property is part of a larger 16.24 acre site zoned and planned for commercial uses.

The site is located within the  La Jolla Groves/La Jolla Landing Planned Area Development (PAD) This PAD was approved by the City Council in 2002 and is comprised of a residential component (La Jolla Groves) and a commercial component (La Jolla Landings).  While the residential component was developed in 2003, the 16.24 acre  commercial component has remained undeveloped. The proposed Quik Trip would therefore be the initial use on this commercial parcel. The PAD for the commercial component aligns with the City's Intermediate Commercial (C-2) zoning district. This district is the most common commercial district in the City and allows for a range of uses including grocery stores, retail, services and restaurants.  There are also a number of conditionally permitted uses. These are essentially permitted uses that, due to operational characteristics, require additional review and may be conditioned. To that end, the PAD permits a gas station upon the issuance of a Conditional Use Permit (CUP).

Planning and Zoning Commission Public Hearing (March 16, 2017)

On March 16, 2017 the Planning and Zoning Commission approved (4-1 vote) a Conditional Use Permit (CUP) for the gas station use.  In the attached Planning and Zoning Commission Report (Exhibit 1), staff found the proposal to be appropriately sited and compatible for the context and in compliance with all stated zoning requirements and CUP criteria.  The Planning and Zoning Commission heard public testimony regarding the case during the public hearing.  Four (4) residents spoke in opposition and eight (8) additional residents in opposition did not wish to speak.  The residents had concerns regarding the use, traffic, and 95th Avenue access. 

The intersection of 95th Avenue and Olive Avenue is signalized and a Circle K is located on the northeast corner, opposite of the proposal.  A majority of the traffic is expected to enter the site via the two Olive Avenue driveways.  A limited number of vehicles are expected to enter the site off of 95th Avenue and return back to Olive Avenue; 95th Avenue ends approximately one-half mile south of the site and requires all traffic to head west on Butler Drive to 99th Avenue.  Both roads have multiple speed tables, limited speeds and sign postings that indicate that they are not through roads.  Staff is in agreement with the Traffic Impact Analysis (TIA) that finds that patrons of QuikTrip are unlikely to utilize the 95th Avenue driveway to head south on 95th Avenue, unless they were a resident of the area.

Pursuant to Section 14-39-12.H of the Zoning Ordinance, any member of the public, including the applicant, may appeal a decision of the Planning and Zoning Commission, regarding a Conditional Use Permit, to the City Council.  A valid appeal must be filed with the Planning and Community Development Department within 15 calendar days of the date of the hearing. Accordingly, staff has received one letter of appeal (Exhibit 2).

Appeal of Planning & Zoning Commission Action

Staff received one (1) letter of appeal of the Planning and Zoning Commission’s decision to approve this request on March 27, 2017 from a resident of Erin Groves (Exhibit 2). The Appellant is concerned that the QuikTrip would generate an intolerable number of trips southbound on 95th Avenue into residential areas. The Appellant also voiced these concerns during the Planning & Zoning Commission hearing. 

The Traffic Impact Analysis provided by the applicant notated a peak amount of 25 trips exiting onto 95th Avenue, with approximately 60% to 70% of those trips being made by local residents along 95th Avenue.  Therefore, the number of peak-hour trips from patrons on 95th Avenue would be approximately 8 to 10 vehicles.  The signalized intersection at 95th Avenue and Olive Avenue and the western access point onto Olive Avenue, which allows full movement, is expected to handle the majority of trips generated into the site.  The western driveway is also configured to allow future potential sites within the planned commercial center to direct traffic towards this access point approximately 660 feet west of 95th Avenue.

When a Planning and Zoning Commission decision is appealed, the City Council makes the final determination to either reverse, modify, or affirm the decision.  The Council shall base its decision on the written findings previously issued by the Commission, applicable law, and/or the review criteria stipulated below: 

CUP Decision Criteria (14-39-12.E)

1. Whether the use is designated as a permitted Conditional Use within the zoning district in which the property is located.
2. Whether the use meets the locational and development standards provisions, as applicable for the Conditional Use Permit, for the zoning district in which the property is located.
3. Whether the use is consistent with the goals, policies, and intent of the General Plan and any adopted Specific Plan applicable to the site where the proposed use is located.
4. Whether the use is consistent with documentation and recommendations provided by reviewing City Departments.
5. Whether the use complies with all applicable city codes, standards, and guidelines governing such use.
6. Whether the use will be materially detrimental to the health, safety, or general welfare of persons residing or working in the vicinity of the property, to the neighborhood, or to the public welfare; or if the use will unreasonably interfere with the use and enjoyment of nearby properties. Consideration shall include, but not be limited to the following factors:

• Damage or nuisance arising from noise, smoke, odor, dust, vibration, or illumination;
• Impact on surrounding areas resulting from an unusual volume or character of traffic;
• Ingress and egress to the property and proposed structures;
• Pedestrian and vehicular circulation with particular reference to fire protection;
• Parking and loading; and,
• Impact on public services, including schools, utilities, and recreation.

City staff and the Planning & Zoning Commission have found that the proposal is in compliance with the underlying zoning and adheres to the CUP decision criteria.  If City Council reverses or modifies the decision of the Commission, the Council shall direct the City Attorney to prepare written findings setting forth the basis for the reversal or modification.

Based upon written findings previously issued by the Commission, applicable law and the review criteria stipulated in the Zoning Ordinance, the City Council may:

A:     Affirm the Planning & Zoning Commission's decision; or

B:   Modify the Planning & Zoning Commission's decision making findings setting forth the   basis for the modification and directing the City Attorney to prepare such findings in writing; or

C:     Reverse the Planning & Zoning Commission's decision, making findings setting forth the basis for the reversal and directing the City Attorney to prepare such findings in writing; or

D:     Continue action to a date certain or indefinitely.

If the City Council reverses or modifies the decision of the Commission, the Council shall direct the City Attorney to prepare written findings setting forth the basis for reversal or modification.