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Department of Community Development
Reference: Kum and Go Development Agreement Amendment
To: Mayor Richard N. McLean and Members of City Council
Through: Manuel Esquibel, City Manager
Prepared By: Jason Bradford, Planning Division Manager
Date Prepared: August 10, 2015
PURPOSE
The Land Use and Development Code, Section 17-40-220, Subdivision Agreement, Performance Bond, and Schedule of Improvements, of the Subdivision Regulations requires a subdivision agreement (a.k.a. development agreement) to be approved by the City Council by a Resolution.
BACKGROUND
Kum & Go's current location at the southwest corner of Bridge Street and Kuner Road is zoned C-3, General Retail and Services. Kum & Go has recently purchased the lot to the west which is zoned DT, Downtown. A "Gas Station with Convenience Store" is a use-by-right in the C-3 zone, but a conditional use in the DT zone. Kum & Go is replatting the lots in order to increase the size of their operation by approximately .56 acres. In order to comply with zoning as they expand their business, Kum & Go has applied to re-zone that portion of the recently acquired property that will be added to the Kum & Go property from DT to C-3. The Platte View Farm Development Agreement on the property to be rezoned contains language limiting the property to C-2 uses. The Development Agreement is being amended to allow for the change in zoning.
SUMMARY OF DEVELOPMENT AGREEMENT AMENDMENT
Kum and Go is replatting these two lots to add .56 acres of their newly acquired property to their current operation. The property that Kum & Go recently acquired is part of the Platte View Farm Development Agreement. The current Kum & Go property is not governed by a development agreement; however, the small .56 acre piece of property is subject to the Platte View Farm Development Agreement, which limits the uses permitted on the property to C-2. As the property will be zoned C-3, this language will conflict with ...
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