Kwik Star has made a request to City Council to allow for an application for a Text Amendment to change the length of time before a Special Use Permit approval expires if it the use has not begun. The attached letter from Kwik Star describes the company's interest in the time extension and a second request regarding signage. This report only addresses the special use permit timing aspect of the request. A separate report on this Council agenda addresses the signage request.
The time lapse (expiration) for Special Use Permits in Section 29.1503(6) is currently 12 months from the date of approval by the Zoning Board of Adjustment. If a project has not started construction within 12 months or the use has not begun, the approval expires. Kwik Star is requesting to extend this time limit to 24 months to accommodate its anticipated timeline for construction of a planned store at the corner of George Washington Carver Avenue and Cameron School Road.
Kwik Star anticipates finalizing its site plan with staff and seeking approval by the Zoning Board of Adjustment this fall. However, if approved by the Zoning Board of Adjustment this fall, Kwik Star does not plan to start construction on a planned new store at the corner of GW Carver Avenue and Cameron School Road within the projected 12-month timeframe. Construction on the new store is instead anticipated in early 2028.
Currently, all regular Minor Site Development Plans approved by City staff and Major Site Development Plans approved by City Council allow for 24 months before the approval period lapses. Special Use Permits with Site Development Plans approved by the Zoning Board of Adjustment only allow for 12 months.
In the zone that Kwik Star intends to construct the new store at GW Carver Avenue and Cameron School Road, Convenience General Service (CGS), Convenience Stores were recently changed to require a Special Use Permit for approval of a Site Plan to review for compatibility and harmoniousness in surrounding neighborhoods. Previously, the use was allowed by right and had a two-year approval.
Based upon the request from Kwik Star staff believes the following options are most appropriate:
Option 1 - City Council can direct staff to have Kwik Star submit an application for a Text Amendment to change the approval lapse date for Special Use Permits with Site Plans from 12 months to 24 months. Staff would then draft a text amendment for consideration. This would allow Kwik Star to have 24 months from the date of approval of a Special Use Permit by the Zoning Board of Adjustment to construct a new store. The change would apply to all Special Use Permit applications within all zoning districts.
Option 2 - City Council could choose to take no action on this request. This would require Kwik Star to start constructing a new store within 12 months of approval of a Site Plan by the Zoning Board of Adjustment.
Staff believes that the request is reasonable and does not present an issue that would otherwise interfere with or be adverse to the impact on surrounding areas when Special Use Permits are considered. Surrounding areas of a site do not generally change significantly enough within two years to make a delayed start of use incompatible with the surroundings.
Regular Minor Site Development and Major Site Development Plans already have a 24-month window to start construction. Staff does not see a difference in a Special Use Permit approved by the Zoning Board of Adjustment if the plan is already found to be compatible with a given location.
Staff supports Option #1. Additionally, the type of text change necessary to address this issue is minor and can be processed very quickly.