CPC Agenda July 18, 2013 Page 56 ITEM: E FILE NO: CORPORAT SITE

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1 Page 56 CITY PLANNING COMMISSION AGENDA ITEM: E STAFF: PETER WYSOCKI FILE NO: CPCC UV QUASI-JUDICIAL PROJECT: APPLICANT: CORPORAT TE CENTER FILING NO. 5 YOW ARCHITECTS OWNER: COLUMBUS REAL ESTATE SITE

2 Page 57 PROJECT SUMMARY: 1. Project Description: This project is an application for a use variance for a 2.34-acre site located east Corporate Drive north the intersection Corporate Drive and I-25. The applicant is requesting a use variance to allow retail in a PIP-1 (Planned Industrial Park) zoned property. (FIGURE 1) 2. Applicant s Project Statement: (FIGURE 2) 3. Planning and Development Department s Recommendation: Approval the application, subject to technical modifications. BACKGROUND: 1. Site Address: 6265 Corporate Drive 2. Existing Zoning/Land Use: PIP-1/HS/UV (Planned Industrial Park with Hillside Overlay and Use Variance) 3. Surrounding Zoning/Land Use: North: PIP-1 / light industrial South: PBC / fice East: I-25 West: PIP-1 / light industrial 4. Comprehensive Plan/Designated 2020 Land Use: Employment Center 5. Annexation: Golden Cycle Addition #1, Master Plan/Designated Master Plan Land Use: General Industrial 7. Subdivision: Corporate Centre Filing No Zoning Enforcement Action: none 9. Physical Characteristics: The site is developed with an fice/warehouse/retail building. STAKEHOLDER PROCESS AND INVOLVEMENT: The public process involved with the review these applications included posting the site and sending postcards on two separate occasions to 19 property owners within 500 feet. No comments were received. ANALYSIS OF REVIEW CRITERIA/MAJOR ISSUES/COMPREHENSIVE PLAN & MASTER PLAN CONFORMANCE: 1. Review Criteria / Design & Development Issues: The applicant is proposing to change 4,880 square feet the existing shopping center to a retail use. In the PIP-1 zone district general retail is not an allowed use; therefore, the use variance or a zone change is necessary. The remainder the building contains a 23,393 square-foot mix specialty retail, fice and warehousing, and 4,982 square feet specialty auto sales (this use was approved with use variance File No. CPC UV ). The site is located in an area that is primarily commercial and fice. The property is fully developed. The proposed retail use does not necessitate any additional site or f-site improvements. Pursuant to City Code Section B, the following criteria must be found in the affirmative in order to approve a use variance: a) That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use the property that do not apply generally to the property or class uses in the same zone so that a denial the petition would result in undue property loss; and

3 Page 58 Staff Response: Staff believes that the proposed retail use is compatible with the retail, fice and specialty sales the surrounding properties and within the building. Additionally, staff believes that the PIP-1 zoning the site creates a land use dilemma given the actual uses within the building as well as the uses surrounding properties. Arguably, the PIP-1 zoning this property is somewhat questionable given its location. Although approval the use variance is not explicitly needed for the owner to fully utilize the property in accordance with the PIP-1 zoning, the existing uses and location the building lend themselves more to retail than to light industrial uses otherwise permitted under PIP-1. A zone change, changing the zoning the property to a commercial zone, was considered and discussed with the owner s representatives. However, in light the mix uses, neither the C-5 nor C-6 zoning would be appropriate as they would result in creation non-conforming uses. As an alternative, a site-specific PUD zone was suggested and would have been supported by staff. A zone change would require review by the Planning Commission and two readings by the City Council, essentially extending the process by about three (3) months. Staff determined that in an effort to streamline the process that would ultimately result in the same outcome meaning allowing a retail use within the building a use variance is the best option. The owner s representative indicated that a business is ready to lease the space and timely action on the zoning entitlement is the essence. b) That such variance is necessary for the preservation and enjoyment a property right the petitioner; and also Staff Response: The property owner asserts that the use variance is necessary for the property owner to fully realize the investment in the property. The building has not been fully leased and occupied for a number years, suggesting that light-industrial businesses are reluctant to locate within the building due to the surrounding uses. It could further be argued that PIP-1 zoning has somewhat restricted the use the property, which is further evidenced by previously sought use variances by the property owner. c) That such variance will not be detrimental to the public welfare or convenience nor injurious to the property or improvements other owners property. Staff Response: As stated above, the site is fully developed. The site has sufficient infrastructure, parking and accesses to accommodate a retail use. 2. Conformance with the City Comprehensive Plan: The retail use proposed on the site complies with the employment center designation from the City Comprehensive Plan. The Comprehensive Plan statements that support this project are listed below: Objective LU 3: Develop A Mix Interdependent, Compatible, and Mutually Supportive Land Uses. Over the past several decades, the location and design development have created a pattern isolated, disconnected, single-purpose land uses. An alternative to this type land use pattern is one that integrates multiple uses, shortens and reduces automobile trips, promotes pedestrian and bicycling accessibility, decreases infrastructure and

4 Page 59 housing costs, and in general, can be provided with urban services in a more costeffective manner. Objective LU 4: Encourage Infill and Redevelopment Encourage infill and redevelopment projects that are in character and context with existing, surrounding development. Infill and redevelopment projects in existing neighborhoods make good use the City's infrastructure. If properly designed, these projects can serve an important role in achieving quality, mixed-use neighborhoods. In some instances, sensitively designed, high quality infill and redevelopment projects can help stabilize and revitalize existing older neighborhoods. 3. Conformance with the Area s Master Plan: The master plan for this site has been implemented. STAFF RECOMMENDATION: Item: E CPC UV Use Variance Approve the use variance for Corporate Centre Filing No. 5, to allow a retail use in 4,880 square feet the existing building based upon the finding that the use variance complies with the review criteria in City Code Section B, subject to compliance with the following technical modifications: Technical and Informational Modifications to the Use Variance Development Plan: 1. Change the direction the north arrow for the main drawing. 2. Corporate Drive shown on the south side Lot 1 no longer exists. Remove the linework from the plan.

5 FIGURE 1.,. ",-1 ~ ~ ~ j Z -i m ;0 en ;S!~ Gl :I:.. ~ '" r- 0 -l "- h j llij ':11 f~... Corporate Centre Fil. No.5 - n'p' -- ArnendccI DcYdoptnaM. Ran - Lot t Usc Vlfllnce u-.o i 626$ Corporab!: ~ -! Colorado Springs, Colorado " YOW ARCHITECTS PC A PROFESSIONAl. CORPORATION AROiITECTUnE & PlANNING 115 S. Weber Colorado Springs, Colorado CPC Agenda Page 60

6 CPC Agenda Page 61 YOW ARCHITECTS 115 SOUTH WEBER STREET SUITE 200 (719) PC COLORADO SPRINGS, COLORADO June 5,2013 Revised June 27,2013 Lonna Thelen Planner II City Colorado Springs - Land Use Review 30 S. Nevada, Suite 155 Colorado Springs, CO RE: 6265 Corporate Centre - Use Variance TSN: DESCRIPTION: This submittal is for the approval a Use Variance to an Approved Development Plan for parcel no.: , Lot 2, Corporate Centre Fil. NO.5. This 2.33ac site is located northwest the Nevada and Corporate Drive Intersection. The site is currently zoned PIP1. The proposal is for a use variance, in a PIP1 zone, for a specialty retail use for an approx. 5,000sf lease space. The variance request is a for low-volume specialty retail sales tenant. The tenants use is not seen as high impact as it sole market is specific to an individual team sport and not a large coverage all recreational activities typically seen in sports retail. The volume traffic and impact on the site is quite different due to the tenants focused sales and specialized equipment. D. Gene Yergensen, Operations Steven L. Obering, Lawrence Jonathan ure H. ProJcct Planning White, 2. That such variance is necessary for the preservation and enjoyment a property right the petitioner; and also 3. That such variance will not be detrimental to the public welfare or convenience nor injurious to the property or improvements other owners property. Jonathan Whittaker, Project Use Variance Criteria: 1. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use the property that do not apply generally to the property or class uses in the same zone so that a denial the petition would result in undue property loss; and McFarland, PrOlect Planner Martin, ProJect Brad Romero, Associate Jerry Planning Whittaker, Tom No site or major building changes are being proposed at this time. Current parking is sufficient for additional retail use in the current lot. Parking calculations assumed a general retail use and still meet current city standards while the requirements for such with this specialized use will not require the same amounts. Debra Obering, BevWhittaker Off,ce Justification: Due to location and nature the existing development and surrounding developments, the proposed use fits within the framework these developments quite well. Circumstances the zoning however do not lend to this specialized use seen much in this development area. ~Ianag ec ",nanee Off,ce r FIGURE 2

7 Page 62 Letter Intent - Corporate Centre Thursday, June 27, 2013 Page #2 This area is utilized quite ten for lower impact industrial type uses. Currently the development caters to warehouse and accessory fice type lease spaces and in some cases specialized retail, which is not typically allowed in PIP zone districts unless an accessory use. The alternative option to rezone would end up being a cyclical solution as each lease and term lease varies in similar situations year to year or even month to month in our current economic climate. Additionally, associated cost and timelines for such rezones isn't seen as a feasible option for this reason and only would only delay future leasing options. Allowances in alternative zoning for a retail use does not provide for a warehouse component unless classified as an Industrial or Manufacturing zone. Due to the nature the specialty retail use being provided and no codification addressing these lower volume, lower impact type retail uses, a Use Variance is being sought due to size and limitation this specialty retail proposal. By allowing for a limited specialty retail component not typically seen in low impact industrial zones, it preserves the lease space options available to the development and provides a greater focus on pointed growth and flexibility. Should you require any additional information, please contact me at Respectfully yours, Jon Romero, Planner YOW s pc FIGURE 2