Page 11 CONSENT CITY PLANNING COMMISSION AGENDA ITEM: A STAFF: STEVE TUCK FILE NO.: CPC CU 07-00231 QUASI-JUDICIAL PROJECT: APPLICANT: OWNER: PAUL MITCHELL STUDIO COSMETOLOGY SCHOOL LGA STUDIOS LOUDEN THIRD FAMILY LTD., LLLP PROJECT DESCRIPTION: The site is located on the northwest corner of Colorado Avenue and Sahwatch Street and consists of 0.8 acre (FIGURE 1). The parcel is developed with 2 buildings, with the school proposed for the upper floor of the larger building. A cosmetology school is considered a proprietary school, which requires the approval of a conditional use in the General Business (C-6) zone. STAFF'S RECOMMENDATION: ITEM: A CPC CU 07-00231 CONDITIONAL USE Approve the conditional use for a proprietary school (cosmetology school for Paul Mitchell Studio) in the General Business with High Rise Overlay (C-6/HR) zone based on the finding that the application satisfies the review criteria in Section 7.5.704 of the City Zoning Code. A development plan is required with a conditional use per Section 7.5.702.B of the City Zoning Code. The recommendation for approval of the conditional use is subject to compliance with the changes to the development plan as set forth in the Technical and Informational Modifications to the Development Plan portion, (page 14) of the CPC agenda. BACKGROUND PROJECT INFORMATION: Existing Zoning/Land Use: C-6/HR/commercial Surrounding Zoning/Land Use: North C-6/HR/child care center South M-2/HR/vacant East C-6/HR/parking garage West C-6/HR/commercial Annexation: 1872, Town of Colorado Springs Subdivision: 1882, Addition No. 4 to the Town of Colorado Springs Zoning Enforcement Action: None Physical Characteristics: The site is developed with a 2 story building and a 1 story, 1,294 square-foot structure. Both buildings were constructed in the 1940 s. The cosmetology use is proposed for the upper floor of the larger building which consists of 13,462 square feet. Vehicular access to the proposed school is from Colorado Avenue. A 36-space parking lot exists east of the building entry for the school.
Page 12 Master Plan: Downtown Action Plan DEPARTMENTAL REPORTS: City Engineering No comments For more information contact Lydia Maring at 385-5546. Traffic Engineering No comments For more information contact Lesley Mace at 385-5908. Colorado Springs Utilities Action Items: None, approval is recommended. Information Items: 1. Applicant must grant easements as required for any existing or proposed utility facilities; and improvements shall not encroach upon any utility easement. It shall not be permissible for any person to modify the grade of the earth on any easement without the written approval of Springs Utilities. 2. If it is necessary to relocate any existing utility facilities, then such relocation shall be at the Applicant s expense, and if required, Applicant shall grant new easements for the relocated facilities. Additionally, all existing utilities on this property that do not have recorded easements will require easements to be granted to Colorado Springs Utilities. The easement widths shall meet current Colorado Springs Utilities Line Extension and Service Standards. 3. Improvements, structures and trees must not be located directly over or within 6 feet of any underground gas or electric distribution facilities and shall not violate any provision of the National Electric Safety Code (NESC) or any applicable Natural Gas Codes or Springs Utilities policies, which require a minimum clearance of 10 feet from gas mains rated at 150 psi. 4. Improvements, structures and trees shall not be located under any overhead utility facilities, shall not violate NESC clearances, and shall not impair access or the ability to maintain utility facilities. 5. Landscaping shall be designed to provide the required clearances for utility facilities, to allow continuous access for utility equipment, and to minimize conflicts with such facilities. 6. Approval of the referenced request(s) shall not be construed as a limitation upon the authority of Springs Utilities to apply its standards and policies. Accordingly, if there are any conflicts between the approved drawings and any provision of Springs Utilities standards and policies, then Springs Utilities standards and policies shall apply. For more information contact Ann Werner at 668-8262. Police No comment. For more information contact Wendy Hardy at 444-7492. Fire FYI: This project is: Paul Mitchell Studio, 118 West Colorado Ave. proposing a hair salon in an existing building. Does not appear to be change of use or occupancy. Latest date shown on plans reviewed: 6/21/07 Plans are reviewed to the 2003 Colorado Springs Fire Code as well as applicable city codes and standards. Attention: CHANGE OF USE/OCCUPANCY: It appears that this project is a change of use or occupancy for this building. As such, the building must meet the current adopted fire codes for its new use/occupancy. Additionally, a new certificate of occupancy must be obtained for the new use/occupancy. To verify if this application is in fact a change of use and/or occupancy, please contact Bob Croft at the Regional Building Department. He may be reached at 719-327-2914. Attention: FIRE LANE MARKING: Where applicable, approved signs and/or striping shall be provided for fire apparatus to identify such road or prohibit the obstruction thereof. Signs and striping shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. (2003 IFC 503.3 as amended) Since this is an existing building, update, repair or otherwise maintain any existing fire lane markings. For more information contact Steve Smith at 385-7362. PETITIONER'S JUSTIFICATION: (FIGURE 2) STAKEHOLDER PROCESS: The City s standard public notice and posting procedures were conducted. No neighborhood meetings were held. (FIGURE 3) is a letter in support of the project from the Downtown Partnership.
Page 13 ANALYSIS OF MAJOR ISSUES: Project The project is a Paul Mitchell Studio cosmetology school to be located within the upper floor of an existing building at 118 West Colorado Street. The school will occupy 13,462 square feet. The site is within the downtown parking exempt district and thus is not required to provide on-site parking. However the property has a 36-space parking lot. The building has contained a variety of uses since its construction (FIGURE 3). The lower level of the building will continue to be used as office and storage. A second building on the site will continue as a retail flower shop. Conditional Use The base zone of the site is C-6. The C-6 zone permits the most intense commercial uses of the City s commercial districts. A proprietary school requires the approval of a conditional use in the C-6 zone. A proprietary school is defined as an educational institution such as art schools, language schools, business colleges, trade schools, secretarial colleges, gymnastic schools and dance schools. The cosmetology school is considered a proprietary school. No negative impacts have been identified either by the City staff or others. The Downtown Action Plan, which serves as the master plan for the property encourages a variety of uses including educational institutions (page 25) in the downtown. The proposed use is consistent with this goal. Conditional Use Review Criteria Per Section 7.5.704 of the City Zoning Code the Planning Commission may approve and/or modify a conditional use application in whole or in part, with or without conditions, only if all 3 of following findings are made: A. Surrounding Neighborhood: That the value and qualities of the neighborhood surrounding the conditional use are not substantially injured. B. Intent of Zoning Code: That the conditional use is consistent with the intent and purpose of this Zoning Code to promote public health, safety and general welfare. C. Comprehensive Plan: That the conditional use is consistent with the Comprehensive Plan of the City. Staff has determined the review criteria for the conditional use is met with the revisions to the development plan indicated below. Development Plan A development plan is required to accompany a conditional use application (FIGURE 1). Staff has determined the development plan review criteria are satisfied subject to the revisions to the plan listed below. Development Plan Review Criteria The development plan is subject to the review criteria in Section 7.5.502.C of the Zoning Code listed below. 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?
Page 14 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? Submit 10 copies of the development plan (folded to no larger than 8½ x 11 with the lower right hand corner exposed) to City Planning with the following revisions: Technical and Informational Modifications to the Development Plan 1. Note the City Planning File number of CPC CU 07-00231 in the lower right-hand corner. 2. Note the site is within the boundaries of the Downtown Action Plan Master Plan. 3. Note a conditional use is requested for a proprietary school in the C-6 zone. Note the Paul Mitchell Studio is considered a proprietary school. 4. Note the property is within the Central Business District Parking Exempt District and on-site parking is not required. 5. Note the correct number of parking spaces shown. A note indicates 38 spaces are provided, but the drawing shows 36 and notes on the drawing indicate 40. 6. Note the dimensions of the east and west property lines and the overall dimensions of the north and south property lines. Show the north property line correctly (it appears to be located within the public right-of-way of Antlers Place). 7. Note Colorado Avenue as a principal arterial and the other adjacent streets as non-arterial streets. 8. Show the parking space dimensions correctly. Some of the spaces are noted as both 19ft. and 16ft. in depth. 9. Note the area in square feet of the lower level of the larger building and the existing uses. 10. Note all exterior lights shall be full cut-off fixtures.
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