CITY PLANNING COMMISSION AGENDA ITEMS: J & K STAFF: NATALIE BECKER FILE NOS: CPC ZC QUASI-JUDICIAL CPC DP QUASI-JUDICIAL

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1 Page 92 CITY PLANNING COMMISSION AGENDA ITEMS: J & K STAFF: NATALIE BECKER FILE NOS: CPC ZC QUASI-JUDICIAL CPC DP QUASI-JUDICIAL PROJECT: APPLICANT: OWNER: MERCURY CAR WASH SCOTT PALING (MARTIN/MARTIN) DAN ROBERTS PROJECT DESCRIPTION: The property at 2010 South Murray Boulevard consists of 1.49 acres and is located at the northeastern corner of Academy Boulevard and Murray Boulevard (FIGURE 1). The property is currently undeveloped with a zoning designation of OC/NP (Office Complex with Navigational Preservation Overlay). The proposed project is to construct a car wash facility during phase one of the site development and a standalone restaurant during phase two of the site development process. The current OC (Office Complex) zoning does not permit a car wash facility so the applicant has requested the property be rezoned to PBC (Planned Business Center) to accommodate this proposed use. STAFF'S RECOMMENDATION: ITEM: J CPC ZC CHANGE OF ZONING Approve the zone change from OC/NP (Office Complex with Navigation Preservation Overlay) to PBC/NP (Planned Business Center with Navigation Preservation Overlay), based upon the findings that the Change of Zoning request complies with the three criteria for granting of zone changes as set forth in Chapter 7, Article 5, Section 603.B of the City Zoning Code. ITEM: K CPC DP DEVELOPMENT PLAN Approve the Mercury Car Wash Development Plan, based upon the findings that the Development Plan meets the review criteria for development plans as set forth on Chapter 7, Article 5, Section 502.C. of the City Zoning Code. SUMMARY: All criteria are met for these three requests that will permit the construction of a car wash, restaurant, and associated parking lot.

2 Page 93 BACKGROUND: SEE FIGURE 2 (SURROUNDING LAND USES) Existing Zoning/Land Use - OC NP (Office Complex with Navigation Preservation Overlay) Surrounding Zoning/Land Use - North - PBC (Planned Business Center) Hollywood Video South - OC (Office Complex) vacant land East - OC (Office Complex) vacant land West - PBC (Planned Business Center) commercial center Annexation April, 1971 Pikes Peak Addition # 10 Subdivision Lot 4 Block 1 Gateway Subdivision Filing Number 23 Physical Characteristics Vacant, unimproved land Master Plan Not Applicable DEPARTMENTAL REPORTS: FIGURE 3 (REVIEW LETTER 11/8/2005) City Engineering See attached review letter (comments were addressed) Transportation Planning See attached review letter (comments were addressed) Landscape See attached review letter (comments were addressed) Gas/Electric See attached review letter (comments were addressed) Water/Wastewater See attached review letter (comments were addressed) Police Comments addressed Transit No comments Fire - Standard comments # 2, 3, 4, 6, 7, 12, 13, 20, and 21 U.S. Post Office No comments Parks- No comments All Other Reporting Departments - Standard or no comments. PETITIONER'S JUSTIFICATION: FIGURE 4 STAKEHOLDER PROCESS: The public process involved with the review of these applications included the posting of the site, and distribution of letters on two separate occasions to all property owners within a 1,000 feet radius of the property. ANALYSIS OF MAJOR ISSUES: ZONE CHANGE REVIEW CRITERIA: In accordance with City Zoning Code Chapter 7, Article 5, Section 603.B, a proposal for a change of zone classification may be approved by the City only if the following findings are made: 1. The action will not be detrimental to the public interest, health, safety, convenience or general welfare. The vacant property is currently zoned OC/NP. The existing property is located to the east of Academy Boulevard to the west of South Murray Boulevard. The property to the north is zoned PBC and is currently being used as a Hollywood Video store. The owner would like to build a car wash facility and stand alone restaurant on the current vacant parcel of land and change the zone from OC NP to PBC NP. The car wash facility and restaurant would be compatible uses to the adjacent Expressway (Academy) and the existing PBC zoned property to the north (FIGURE 2). The proposed project will provide a cross access easement between the existing PBC zoned property at 1976 S Murray Boulevard and the future car wash facility and restaurant at 2010 S Murray Boulevard. The proximity to existing commercial uses and Academy Boulevard makes this property an excellent candidate for the PBC zone.

3 Page The proposal is consistent with the goals and policies of the City Comprehensive Plan. This property is considered a type of infill development, which is encouraged in the City s Comprehensive Plan (Land Use Policy 401). It is the finding of the Planning Staff that the zone change proposal will not be detrimental to the public interest or the existing neighborhood, and conforms to the goals and policies of the City Comprehensive Plan. 3. The proposal is consistent with the master plan for the area, in which the parcel is located, unless the master plan is deemed implemented. The master plan for this area is very old and is considered not applicable in determining the land use of this parcel. DEVELOPMENT PLAN REVIEW CRITERIA: In accordance with City Zoning Code Chapter 7, Article 5, Section 502.C, a Development Plan shall be reviewed for substantial conformance with the criteria found in said section. Further, no development plan shall be approved unless the plan complies with all the requirements of the zone district in which it is located, is consistent with the intent and purposes of the City Zoning Code and is compatible with the land uses surrounding the site. 1. Will the project design be harmonious with the surrounding land uses and neighborhood? 2. Will the proposed land uses be compatible with the surrounding neighborhood? Will the proposed development overburden the capacities of existing streets, utilities, parks, schools and other public facilities? 3. Will the structures be located to minimize the impact of their use and bulk on adjacent properties? 4. Will landscaping, berms, fences and/or walls be provided to buffer the site from undesirable views, noise, lighting or other off site negative influences and to buffer adjacent properties from negative influences that may be created by the proposed development? 5. Will vehicular access from the project to streets outside the project be combined, limited, located, designed and controlled to channel traffic to and from such areas conveniently and safely and in such a manner which minimizes traffic friction, noise and pollution and promotes free traffic flow without excessive interruption? 6. Will all the streets and drives provide logical, safe and convenient vehicular access to the facilities within the project? 7. Will streets and drives within the project area be connected to streets outside the project area in such a way that discourages their use by through traffic? 8. Will adequately sized parking areas be located throughout the project to provide safe and convenient access to specific facilities? 9. Will safe and convenient provision for the access and movement of handicapped persons and parking of vehicles for the handicapped be accommodated in the project design? 10. Will the design of streets, drives and parking areas within the project result in a minimum of area devoted to asphalt? 11. Will pedestrian walkways be functionally separated from vehicular traffic and landscaped to accomplish this? Will pedestrian walkways be designed and located in combination with other easements that are not used by motor vehicles? 12. Does the design encourage the preservation of significant natural features such as healthy vegetation, drainage channels, steep slopes and rock outcroppings? Are these significant natural features incorporated into the project design? The proposed Mercury Car Wash and stand-alone restaurant are compatible land uses with the surrounding area. The property is located at the northeastern corner of Academy Boulevard and S. Murray Boulevard and is adjacent to existing commercial uses. The property to the north of 2010 S. Murray Boulevard is a Hollywood Video store. The properties to the south and east are vacant and zoned for future Office Complex uses. The properties to the west are all zoned PBC and have been developed

4 Page 95 into commercial properties. The development of this property will not overburden the existing infrastructure. The design and placement of the car wash will minimize the impact of the use on the surrounding neighborhood. The car wash has been placed on the property so that people waiting to wash their cars will not block the adjacent public street, Murray Boulevard. The car wash facility is fully automated and takes 5 minutes for the car to be processed through the system (which includes washing and drying time). The proposed car wash facility will also provide some interesting architectural features as shown in FIGURE 5. The elevations for the future restaurant use will be provided during phase two of the development. The site will use full cut-off light fixtures to minimize light pollution to the surrounding area. The proposed project will have safe access from South Murray Boulevard and will be connected to the commercial property to the north. (The property owner will record a cross access easement with the property to the north to improve on-site traffic circulation.) The project will provide new 5 sidewalk along South Murray Boulevard and install a new city standard pedestrian ramp at the northeastern corner of Murray Boulevard and Academy Boulevard. The owner is also providing additional sidewalk connections from the public sidewalk into the proposed restaurant site. As part of the site design, van accessible parking spaces were provided in close proximity to the future restaurant entrance. There were no significant features, drainage channels, or steep slopes located on this property. The existing trees located to the east of Academy Boulevard, which were not located within the water/wastewater utility easement, were preserved. The proposed development project will provide additional landscaping along Academy and Murray Boulevard (See FIGURE 6 Final Landscape Plan). It is the finding of the Planning Staff that the proposed Development Plan for Mercury Car Wash will be in substantial compliance with said criteria for a Development Plan. Significant Modifications to the Development Plan: None. See FIGURE 7 (REVISED DEVELOPMENT PLAN) All city agency comments have been satisfactorily addressed with the resubmittal of the revised plans provided on 11/16/05. Technical and Informational Modifications to the Development Plan: None. See FIGURE 7(REVISED DEVELOPMENT PLAN) No technical or informational modifications to the development plan are necessary. All city review agency comments have been satisfactorily addressed as of 11/16/05.

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