Council approves preliminary plan for convenience store and fueling stations at 10270 W. 70th

The City Council voted to approve a preliminary development plan for the property at 10270 West 70 Fifth Street (the applicant noted as MAK Retail) and accepted the associated plat dedication of right‑of‑way along Schweitzer Avenue.

Brian Dyer, community development director, told the council the site previously housed a U‑Haul and later a 7‑Eleven; the current request would reintroduce a convenience store and fueling canopy in front of the existing building. Dyer said the property is zoned Planning and Development General and the proposed uses are allowed; the review focused on whether the development plan met Merriam Code standards.

Staff and the Planning Commission flagged a parking shortfall: code calculated a requirement of 38 spaces but the applicant's plan initially showed 35. To address that, staff recommended and the applicant agreed to remove one pump island so the final configuration would provide two fueling stations and bring parking into compliance. Dyer described additional applicant commitments — new landscaping, replacement of a chain‑link fence with a wrought‑iron fence, removal of a nonconforming pole sign, an on‑site trash enclosure and a right‑in/right‑out access to improve traffic flow — and said a traffic impact study projects the intersection would continue to operate at a Level of Service C.

Council members questioned whether the spaces adjacent to pump islands counted toward parking, the enforcement/design specifics of the right‑in/right‑out access and whether council could waive parking requirements to allow a third pump island. Dyer recommended sending the plan back to Planning Commission if council wanted to alter the staff condition requiring the removal of one fueling station.

Council member Yodrich moved that the council concur with the Planning Commission and approve the preliminary development plan in a PUDG district at 10270 West 70 Fifth Street and authorize the mayor to sign the effectuating ordinance; the motion passed 6–1 (Council member Kaldahl voted No). The subsequent motion to accept the dedication of the additional right‑of‑way for Schweitzer was approved unanimously, 7–0.

The approvals are conditioned on the items Dyer described and the staff‑recommended changes; any further adjustments to fueling station count or parking would require additional review by the Planning Commission or a specific council direction.