DRC_STAFF REPORT_KWIK CORNER_011326.DOCX

PL240431 – KWIK CORNER 
Page 1
January 13, 2026
STAFF REPORT
KWIK CORNER (PL240431)
PROJECT DATA
Project Address
2188 East Southern Avenue
Property Owner
Kwik Properties, LLC
Applicant
Jeffrey Winter, Esencia, LLC
Zoning District
CSS (Commercial Shopping and Services)
Gross / Net Site Area
.64 acres (27,841 s.f.)
Total Building Area
2,872 gross s.f., 2,087 net s.f.
Building Height
22’-4” (35’ max. allowed)
Lot Coverage
10% (50% max. allowed)
Landscape Area
25% (15% min. required)
Building Setbacks
51’-4”’ front (east), 1’-4” side, 46’-3” street side, 14’-1” rear 
(west) (0, 0, 0’, 10’ min.)
Vehicle Parking
9 spaces (7 min. required, 9 max. allowed)
Bicycle Parking
2 spaces (2 min. required)
Hours of Operation
24 hours, daily
Building Code Occupancy
M
COMMENTS:
This site is located at the northwest corner of Price Road and Southern Avenue. A vehicle service 
station was originally constructed on the property in 1975 and was rebuilt in 1989. In 2012, the fuel 
canopy and tanks were removed, and the building use was converted to general retail. The applicant 
would like to remodel the building for a convenience store and construct a new fuel canopy.
For further processing, the applicant will need approval of a Development Plan Review for site plan, 
building elevations, and landscape plan.
PUBLIC INPUT
None received as of completion of this report.
POLICE INPUT
The Police Department provided input regarding site security, including lighting, vegetation, and 
walls/fences but had no opposition to the request.
  
USE PERMIT
The proposed use requires a Use Permit to allow a vehicle service station (fuel sales) within the CSS 
zoning district. The applicant would like to remodel the existing building for use as a convenience store 
and construct a new fuel canopy with four (4) fuel dispensers. The business would operate 24 hours 
per day, seven (7) days per week.
Section 6-308(E) Approval criteria for Use Permit (in italics):
1.
Any significant increase in vehicular or pedestrian traffic; as a service station, the use will generate 
an increase in the amount of vehicle traffic, but its location at the intersection of two arterial streets 
is best suited to the use. The project will maintain the number of existing driveways, one per street, 
and the driveway on Price Road will be reconstructed to current design standards. Plans depict a 
pedestrian pathway from the public sidewalk on Southern Avenue to the building entrance, 
creating a designated pedestrian route. Conditions of approval require that a Development Plan

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Review (DPR) application be approved prior to submittal of a Building Permit application, and that 
DPR will determine the number of fuel dispensers in order to ensure vehicle circulation routes will 
not negatively impact the adjacent rights-of-way.
2.
Nuisance arising from the emission of odor, dust, gas, noise, vibration, smoke, heat or glare at a 
level exceeding that of ambient conditions; due to the vehicle-based nature of the proposed use, it 
will generate emissions; however, they are unlikely to exceed ambient conditions.
3.
Contribution to the deterioration of the neighborhood or to the downgrading of property values, 
which is in conflict with the goals, objectives or policies for rehabilitation, redevelopment or 
conservation as set forth in the city’s adopted plans or General Plan; the General Plan 2050 
identifies this site and others around this intersection as Commercial, and the CSS zoning district 
permits the proposed use, subject to Use Permit approval. The use should not contribute to the 
deterioration of the neighborhood or downgrading of property values.
4.
Compatibility with existing surrounding structures and uses; the surrounding properties include 
commercial, religious, and educational land uses. The existing building will remain, and a new fuel 
canopy will be constructed in approximately the same area as the previous canopy. The use 
appears to be compatible with the existing surrounding structures and uses.
5.
Adequate control of disruptive behavior both inside and outside the premises which may create a 
nuisance to the surrounding area or general public; the business will operate 24 hours per day, 
seven (7) days per week. The applicant states that employees will always be on-site, and video 
surveillance will be used to monitor activity. A condition of approval is recommended that limits the 
height of objects placed adjacent to storefront windows to ensure visual surveillance by 
employees. Disruptive behavior is not expected to occur on the property, but employees will be 
present and security cameras will be used to address issues, if they arise.
REASONS FOR APPROVAL:
Based on the information provided by the applicant, the public input received and the above analysis 
staff supports approval of the requested Use Permit. This request meets the required criteria and will 
conform to the conditions.
SHOULD AN AFFIRMATIVE ACTION BE TAKEN ON THIS REQUEST, THE FOLLOWING 
NUMBERED CONDITIONS OF APPROVAL SHALL APPLY. THE DECISION-MAKING BODY MAY 
MODIFY, DELETE OR ADD TO THESE CONDITIONS.
CONDITION(S) OF APPROVAL:  (Non-standard conditions are identified in bold)
1.
The Use Permit is valid only after a Building Permit has been obtained, the required inspections 
have been completed and a Final Inspection has been passed. As part of the Building Permit 
process, on-site storm water retention may be required to be verified or accomplished on this Site. 
2.
Approval of a Development Plan Review application is required prior to submittal of a 
Building Permit application.
3.
The number of fuel dispensers shall be determined through the Development Plan Review 
process and is contingent upon site design that does not cause access or circulation 
conflicts within the adjacent rights-of-way.
4.
In order to maintain natural surveillance through storefront windows, interior shelving and 
coolers adjacent to windows shall not exceed a height of three (3) feet.
5.
All nonconforming building and site lighting shall be removed and replaced with compliant light 
fixtures.
CODE/ORDINANCE REQUIREMENTS:

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January 13, 2026
THE BULLETED ITEMS REFER TO EXISTING CODE OR ORDINANCES THAT PLANNING STAFF OBSERVES ARE 
PERTINENT TO THIS CASE. THE BULLET ITEMS ARE INCLUDED TO ALERT THE DESIGN TEAM AND ASSIST IN 
OBTAINING A BUILDING PERMIT AND ARE NOT AN EXHAUSTIVE LIST.
This approval for the Use Permit review did not include a comprehensive evaluation of the site for 
code compliance. The property owner should be aware of all city codes and zoning ordinances 
applicable to the property including maintenance and conformance with the codes. Below is a partial 
list of references provided to advise the owner of pertinent code requirements; this is not an 
exhaustive list. 
TEMPE CITY CODE: Specific requirements of the Tempe City Code are not listed but apply to any 
application https://library.municode.com/az/tempe/codes/city_code 
ZONING AND DEVELOPMENT CODE: Specific requirements of the Zoning and Development Code 
(ZDC) are not listed as a condition of approval but apply to any application.  To avoid unnecessary 
review time and reduce the potential for multiple plan check submittals, become familiar with the 
ZDC.  Access the ZDC through www.tempe.gov/zoning or purchase from Community Development.
BUILDING & FIRE CODES: Any modifications to the buildings involving mechanical, electrical, 
plumbing or structural tenant improvements that would require a building permit must obtain required 
permits.
ENGINEERING CODES: Any site modifications affecting utilities, retention or engineering code 
requirements must obtain required permits.
LIGHTING: Site security lighting shall comply with requirements of ZDC Part 4 Chapter 8 (Lighting) 
and ZDC Appendix E (Photometric Plan). Avoid conflicts between lights and trees or other site 
features in order to maintain illumination levels for exterior lighting. Make sure that light fixtures do not 
create glare and are full-cutoff fixtures. 
https://library.municode.com/az/tempe/codes/zoning_and_development_code?nodeId=ZONING_DEV
ELOPMENT_CODE_PT4_DEST_CH8_LI Any changes to lighting would require a minor Development 
Plan Review.
LANDSCAPE: All landscape shall be maintained per the approved landscape plan for the site. 
Property owners are responsible to replace dead or missing plant material and to maintain all parking 
landscape islands, street front trees and ground covers, and perimeter planting materials. 
https://library.municode.com/az/tempe/codes/zoning_and_development_code?nodeId=ZONING_DEV
ELOPMENT_CODE_PT4_DEST_CH7_LAWA Any changes to landscape on site would require a 
minor Development Plan Review.
SIGNS: 

Separate plan review process is required for signs in accordance with requirements of ZDC Part 4 
Chapter 9 (Signs).   Refer to www.tempe.gov/signs. 

Sign Type M (signs in or on a window) are limited to twenty-five percent (25%) of the window’s 
total area. Glass doors are considered windows.
SITE PLAN REVIEW:  Verify all comments by all departments on each Preliminary Site Plan Review. If 
questions arise related to specific comments, they should be directed to the appropriate department, 
and any necessary modifications coordinated with all concerned parties, prior to application for 
building permit. Construction Documents submitted to the Building Safety Division will be reviewed by

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January 13, 2026
planning staff to ensure consistency with this Design Review approval prior to issuance of building 
permits.
USE PERMIT:

The Use Permit is valid for KWIK CORNER and may be transferable to successors in interest 
through an administrative review with the Community Development Director, or designee.

The Use Permit approval shall be void if the use is not commenced or if an application for a 
building permit has not been submitted, whichever is applicable, within twelve (12) months after 
the Use Permit is granted or within the time stipulated by the decision-making body.

The decision-making body, upon finding that the applicant has not taken corrective actions to 
resolve issues related to the permit/approval and that a continuation of the permit/approval is not in 
the interest of the public health, safety and general welfare, can revoke the permit/approval after 
providing written notice of its intentions to the holder of the permit.

Specific requirements of the Zoning and Development Code (ZDC) are not listed as a condition 
of approval but will apply to any application. To avoid unnecessary review time and reduce the 
potential for multiple plan check submittals, become familiar with the ZDC. Access the ZDC 
through http://www.tempe.gov/zoning or purchase from Development Services.

Any intensification or expansion of use shall require a new Use Permit. 

All required permits and clearances shall be obtained from the Audit and Licensing Division of the 
City of Tempe prior to the Use Permit becoming effective. 

All required Federal, State, County, and Municipal permits, licenses, and clearances shall be 
obtained, or the Use Permit is void.
POLICE DEPARTMENT SECURITY REQUIREMENTS: 

If the development includes a use listed in City Code Section 26-70(c), the Owner is required to 
prepare a security plan with the Police Department. The architect should be involved to verify any 
modification that would require design revisions. To avoid revisions to permitted construction 
documents, initial meetings with the Police Department regarding the security plan are 
recommended before building permits are issued. At a minimum, the Owner shall contact the 
Police Department to begin security plan process approximately eight weeks prior to receipt of 
certificate of occupancy.
HISTORY & FACTS:
November 6, 1974
Design Review Board approved building and landscaping for Self Service Gas 
Station (DR74.117), located at 2188 East Southern Avenue.
December 11, 1974
Board of Adjustment denied a Use Permit for McKee Oil Company (A-74-12.4) 
to construct a self-service gas station, located at 2188 East Southern Avenue.
February 10, 1975
Board of Adjustment approved a Use Permit for McKee Oil Company (A-74-
12.4) to construct a self-service gas station, located at 2188 East Southern 
Avenue.
April 15, 1987
Design Review Board approved the building elevations, site, and landscape plan 
for Arco AM/PM Facility, located at 2188 East Southern Avenue.
May 5, 1987
Hearing Officer approved the request for Atlantic Richfield Co. (HOA-87-5-.8), 
located at 2188 East Southern Avenue for a Use Permit for a mini market and 
variances to:
a.
Reduce the required 6’ landscape strip for the new AM/PM facility (along the

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north property line of new building).
b.
Reduce the required driveway length off Southern Avenue from 20’ to 18’.
c.
Reduce the minimum lot dimension from 150’ to 145’ along the west 
property line.
July 22, 1987
Board of Adjustment approved the request for Arco AM/PM, located at 2188 
East Southern Avenue, for a Use Permit for a mini market and variances to:
d.
Reduce the required 6’ landscape strip for the new AM/PM facility (along the 
north property line of new building).
e.
Reduce the required driveway length off Southern Avenue from 20’ to 18’.
f.
Reduce the minimum lot dimension from 150’ to 145’ along the west 
property line.
April 6, 1988
Design Review Board approved a time extension for Arco AM/PM.
September 20, 1989 Design Review Board approved plans to remodel an existing Arco AM/PM 
Facility (DRB89162) to split the building into a main building and ancillary 
building, located at 2188 East Southern Avenue.
ZONING AND DEVELOPMENT CODE REFERENCE:
Section 3-202, Permitted Uses in Commercial and Mixed-Use Districts
Section 6-308, Use Permit