Planning Commission Agenda and Packet 2023 03 09

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Planning Commission Meeting Minutes February 09, 2023 Page 7 of 15 Zuccaro says we do not have a definition for it. Staff says that to be integral it has to be on the same lot or an adjoining lot. We did look up common definitions of that word and it really just means that it is necessary to the whole. We are open to another word that better encompasses the intent. Moline asks if the 80,000 square foot requirement applies to anything in that mall area or on a particular lot. Zuccaro says it would be a single user retail center of 80,000 or more like "big box" retailer or grocery store like a King Soopers or Costco. Krantz asks if the current big box store vacancies on McCaslin Blvd. are further than 1,000 ft from the proposed Murphy Express and existing 7-Eleven. Zuccaro says no, that is why the ordinance is written to have an exception for the cap and spacing requirement. Krantz says she is also concerned with the definition of "integral." She gives an example of King Soopers and how not every store has a gas station. It seems like King Soopers can still thrive without one. Would that disqualify it from being integral? Zuccaro says he thinks what we mean in the ordinance is if a single use, large retailer approaches the city and they would like to have a fueling station, then he thinks we would say it is integral. We could get a grocery store of any brand without one but we do not want to exclude one. Brauneis asks if the word "integral" is the exact word on the presentation slide. Zuccaro says no, he can bring up the exact text. Howe says when looking at the requirements for an automobile service station, could there be a station that does not qualify under this section? For example, if they do not sell fuels but they still service cars. Would the limitations then not apply to them? Zuccaro says the way this is drafted, it would not apply to an automobile repair station or an oil change business. It has to be selling fuel in order to be called an automobile service station. Howe asks about a definition of fuel. He is not sure if that applies to hydrogen fuels but that might be something that we need to better define. Zuccaro says he would need to do more research on that. Brauneis mentions that he is hesitant to approve hydrogen right now since most hydrogen is created by stripping it from petroleum products. Krantz asks why it matters whether a gas station has ceased operations for the approval of the SRU. Zuccaro says there are two provisions in the SRU code. It says if you get an SRU approved and the applicant doesn't initiate that SRU within a year, it does not automatically expire but City staff or the Planning Commission can recall the SRU and bring it back to a hearing and maybe revoke the approval. The other is that if an applicant starts operating and it ceases operation for a year, that SRU's approval expires. Not all gas stations are approved as an SRU and are approved through other paths so we wanted to lump everything together to clarify the process. Choi says the ordinance would allow only one more gas station or one exception.