Page 70 CITY PLANNING COMMISSION AGENDA ITEM NO: G.1-G.3 STAFF: JAMES MAYERL FILE NO(S): 1. - CPC NV 08-00048 QUASI-JUDICIAL 2. - CPC CU 08-00046 QUASI-JUDICIAL 3. - CPC FP 08-00047 QUASI-JUDICIAL PROJECT: APPLICANT: OWNER: SHOPS AT ARROWSWEST HEALTH CLUB ROCKWELL ENGINEERING GARDEN OF THE GODS CONTADORA LLC site PROJECT SUMMARY: 1. Project Description: This is a request for a conditional use for a health club for one lot in a PIP-1 (Planned Industrial Park) zone along with non-use variances and a final subdivision plat. The site
Page 71 is located on Arrowswest Drive south of Garden of the Gods Road. The total acreage of the final plat is 9.471 acres. 2. Applicant s Project Statement: (FIGURE 1) 3. City Planning Department s Recommendation: Approve the applications subject to technical modifications. BACKGROUND: 1. Existing Zoning/Land Use: This property is zoned PIP-1(Planned Industrial Park) and is undeveloped. 2. Surrounding Zoning/Land Use: North: PBC (Planned Business Center)/Retail and undeveloped South: R-5 (Multi-family Residential)/Undeveloped East: PIP-1 (Planned Industrial Park)/Undeveloped West: PK (Park)/Open Space 3. Comprehensive Plan/Designated 2020 Land Use: The plan shows this area as an Employment Center. Supporting uses are recommended as secondary uses in that land use designation. 4. Annexation The site was annexed in July of 1971 as part of Mesa Addition number 2. 5. Master Plan/Designated Master Plan Land Use: This site is not part of a master plan. 6. Subdivision: The property is platted into several lots. The replat will change that. 7. Zoning Enforcement Action: None. 8. Physical Characteristics: There are no significant features to the site. STAKEHOLDER PROCESS AND INVOLVEMENT: The initial department review comments were included in the City Planning review letter of May 14, 2008. A revised CU Development Plan and Final Plat were submitted on June 10, 2008. Major concerns and issues that were raised have been addressed by the revised plans and additional submitted information. Minor technical and informational modifications as listed below are all that remain. The public process involved with the review of these applications included posting of the site and sending of postcards on to all property owners within 500 feet of the site. Staff has not received any objections to the proposed project. ANALYSIS OF MAJOR ISSUES/COMPREHENSIVE PLAN CONDITIONAL USE/DEVELOPMENT PLAN AND NON-USE VARIANCE REVIEW CRITERIA: 1.a Compliance with Conditional Use and Development Plan Review Criteria: The applications for a conditional use is reviewed to ensure compliance with Conditional Use Review Criteria as found in Section 7.5.704 and Development Plan Review Criteria (Section 7.5.502C) of the Zoning Code. A health club facility is planned for one lot within the development. A health club is allowed in PIP-1 zones only as a conditional use. Therefore conditional use criteria in addition to development plan criteria must be met for the use to be allowed. Staff finds that in this case those criteria have been met. The value and qualities of the neighborhood surrounding the conditional use will not be substantially injured from a health club facility. The conditional use is consistent with the intent and purpose of this Zoning Code to promote public health, safety and general welfare. The conditional use is consistent with the Comprehensive Plan of the City as noted above. All development plan review criteria have been met as well. b. Compliance with Non-Use Variance Review Criteria: Two non-use variances have been submitted. The first is for a setback requirement. The PIP-1 zone requires buildings to be setback 100 feet minimum from a residential zone. In this case the residential zone is only 78 feet to the south. There are extraordinary circumstances in this case. There will be over 400 feet of separation from the proposed building to the proposed residential area to the south. There is a significant slope from the building to that residential area (over 150 rise). There will be no adverse impact from the reduction of the building setback (100 feet to 78 feet). In fact the design may be better in that there will not be a loading area in the rear of the proposed health club (and associated noise impact on the residential property above). The second variance is for off-street parking. The code requires 267 parking spaces at 1 space per 150 square feet of gross floor area. The applicant has submitted a variance that would provide 203 spaces or 1 space per 197 square feet. The justification statement covers the criteria and circumstances for this variance. In addition to the applicant s justification staff adds that the
Page 72 mix of uses (health club in an industrial zone next to retail uses) allows for some reduction of parking because of the different peak times of operation. Staff finds that both non-use variance applications are appropriate and the criteria met. c. Compliance with Subdivision Regulations: The site complies with the Subdivision Regulations as set forth in Section 7.7.102 of the Subdivision Code. 2. Conformance with the City Comprehensive Plan: Comprehensive Plan 2020 Land Use Map: Employment Center Strategy LUM 207c: Employment Center Secondary Uses Policy N 301 Identify and Develop Mutually Supportive Mixed Uses Strategy T 103a: Integrate Mixed Land Use Strategy LU 801f: Plan and Locate Mixed Uses to Serve Industrial Areas STAFF RECOMMENDATION: Item No.: G.1 CPC NV 08-00047 Non Use Variance: Approve the Shops at Arrowswest Non-Use Variances, based upon the findings that the Non-Use Variance meets the review criteria for non-use variances as set forth on Section 7.5.802 of the City Zoning Code. Item No: G.2 CPC CU 08-00046 Conditional Use Approve the Conditional Use and accompanying development plan (FIGURE 2) for the Shops at Arrowswest, based upon the findings that the Conditional Use meets the review findings for conditional uses as set forth in Section 7.5.704 and 7.5.502(C) of the City Zoning Code. This recommendation for approval is subject to compliance with the Design and Technical and Informational Modifications listed below: Technical and Informational Modifications to the Development Plan: 1. Update the sheet index to reflect Final Landscape Plan. 2. The PIP-1 zone requires a 50 foot front yard setback. Show that on the plan. 3. Show that existing lot 9 to the north is zoned PBC. 4. Note the reception number of the multi-use trail easement along 30 th Street on the plan and plat. Item No.: G.3 CPC FP 08-00048 - Final Subdivision Plat: Approve the Shops at Arrowswest Subdivision Plat, based upon the finding that the subdivision plat complies with the purpose and intent of the Subdivision Regulations as set forth in Section 7.7.102of the Subdivision Code.
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