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DEVELOPMENT APPLICATION STAFF REPORT Case Number: CUP24-02-02 Request: Conditional Use Permit & Site Plan Project Name: WM Fuel El Mirage 4336 Applicant/Owner: Kimley-Horn Project Address: 12900 W Thunderbird Rd, El Mirage AZ 85335 Acres 1.6 ac Considerations The applicant is requesting the approval of a conditional use permit and site plan zoning application to construct a fueling station (gas station) at the existing Walmart property on Thunderbird Rd and Dysart Rd. The gas station will require the removal of 109 existing parking spaces and plans to terminate a parking agreement with the city that allows for parking spaces for express bus parking. Staff is concerned with the termination of the parking agreement as the site will still be complying with the minimum parking space requirements. The gas station will have twenty gas fueling bays, a convenience store, fourteen new parking spaces, and underground fuel storage tanks. General Plan Compliance The El Mirage 2020 General Plan identifies the site as being in the Thunderbird Core Planning Area and follows the plan. Zoning & Land Use The property is zoned Urban Corridor (UC), and the proposed fueling station use requires a conditional use permit for approval. The land use is designated as commercial retail with Walmart occupying the property. ARS 28-8481 Land Use Compatibility The site is located outside the Luke Air Force Base (LAFB) Noise Contour Zone, but inside the Military Airport Territory Area and is not subject to ARS 28-8481, land use compatibility regulations. However, Luke AFB elects to review the zoning applications for monitoring developments near the base, see attached Luke review email. City Staff Review City staff reviewed the application and found that it meets the zoning code requirements to proceed with the public hearing. Stipulations: The applicant shall consent and address the TAC Review comments mentioned in the March 5, 2024, memorandum. Planning Commission The Commission reviewed the zoning application at the March 12, 2024, public hearing and recommended approval with a 3-0 unanimous vote. City Council Staff will present and seek a final action from the City Council at the April 2, 2024, public hearing. Attachments Zoning Application, TAC Review Comments, Luke Review Comments, and P&Z Commission Meeting Minutes. Supportive Documents The following documents are available for review during the City of El Mirage's regular business hours in the Development Services Department Planning and Zoning Division: Drainage Statement Report, ALTA Survey, Title Report, Phase I Environmental Assessment, and the Preliminary Sewer and Water Report.