COMMISSIONERS: DARRYL GLENN (PRESIDENT) MARK WALLER (PRESIDENT PRO TEMPORE) STAN VANDERWERF LONGINOS GONZALEZ PEGGY LITTLETON PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT CRAIG DOSSEY, EXECUTIVE DIRECTOR TO: FROM: El Paso County Planning Commission Tim Trowbridge, Chair Raimere Fitzpatrick, PM/Planner II Gilbert LaForce, PE Engineer II Craig Dossey, Executive Director RE: Project File #: PUD-16-005 Project Name: Hillcrest Commercial Park Parcel Nos.: 54080-01-052, 54080-01-051, 54080-01-032, 54080-01- 050, 54080-01-033, 54080-01-041, 54080-01-034, 54080-01-042, 54080-01-008, 54080-01-029 OWNER: REPRESENTATIVE: Standards Properties, LLC P.O. Box 8580 Colorado Springs, CO 80937-8580 Thomas and Thomas 702 N Tejon Street Colorado Springs, CO 80903 Esteban Rodriguez 11890 Garrett Road Peyton, CO 80831-7685 Ben and Vira Pinello P.O. Box 6200 Colorado Springs, CO 80934-6200 Commissioner District: 2 Planning Commission Hearing Date: 5/2/2017 Board of County Commissioners Hearing Date 5/23/2017 2880 INTERNATIONAL CIRCLE, SUITE 110 COLORADO SPRINGS, CO 80910-3127 PHONE: (719) 520-6300 FAX: (719) 520-6695 WWW.ELPASOCO.COM
EXECUTIVE SUMMARY A request for approval of a map amendment (rezoning) to rezone a 44.32 acres of property from the CR (Commercial Regional), I-2 (Limited Industrial), and M (Industrial) zoning districts to the PUD (Planned Unit Development) zoning district. The applicants are proposing modifications to both the El Paso County Land Development Code (2016) and the Engineering Criteria Manual (2015). The proposed modifications include alternate landscape plans of the construction of a continuous decorative concrete screening fence along portions of the property boundary adjacent to U.S. Highway 24 and Marksheffel Road in exchange for lower street tree ratios and the use of an urban residential collector cross-section instead of a non-residential collector cross-section. The Land Development Code and Engineering Criteria Manual Administrators recommend approval of the proposed modifications. The proposed PUD would allow for the development of an automotive recycling center, as well as office, commercial, and industrial related automotive uses on approximately 30 acres of the overall 44.32 acres of land included in the PUD. Open space is proposed for the remaining 2.87 acres within the PUD. Water and wastewater service will be provided by Cherokee Metropolitan District. Electric and natural gas service will be provided by Colorado Springs Utilities. The property is not within the service boundaries of a fire protection district. Fire protection is currently provided by the El Paso County Fire Marshal through mutual aid agreements between the County and surrounding fire protection districts. Development of the site will be required to comply with the terms and provisions of the Road Impact Fee Program. A. REQUEST/WAIVERS/MODIFICATIONS/AUTHORIZATION Request: Approval of a map amendment (rezoning) of 44.32 acres from the CR (Commercial Regional), I-2 (Industrial), and M (Industrial) zoning districts to the PUD (Planned Unit Development) zoning district. Modification of Existing Land Development Code (LDC) or Engineering Criteria Manual (ECM) Standard: For approval of a modification of a general development standard in the Land Development Code or a criteria or standard of the Engineering Criteria Manual, the Board of County Commissioners shall find that the proposal provides for the general health, safety, and welfare of the citizens and at least one of the following benefits: Preservation of natural features; Provision of a more livable environment, such as the installment of street furniture, decorative street lighting or decorative paving materials; Provision of a more efficient pedestrian system;
Provision of additional open space; Provision of other public amenities not otherwise required by the Code; or The proposed modification is granted in exchange for the open space and/or amenity designs provided in the PUD development plan and/or development guide The applicants request the following PUD modifications to the standards in the Code: 1. Modification to Section 6.2.2.B, Roadway Landscaping Requirements, which requires one (1) tree per each 20 linear feet of frontage on an expressway and/or principal arterial along the U.S. Highway 24 frontage of the proposed Lot 1 and along the northern 480 feet of Lot 1 adjacent to Marksheffel Road. 2. Modification to Section 6.2.2.E.2.b, Internal Landscaping, which requires five (5) percent of the development area to be landscaped. One (1) tree is required per every 500 square feet of the calculated internal area. The proposed Lot 1 is 30.24 acres, which would require a total of 135 trees to meet the internal landscaping requirements. The proposed modification will allow the applicants to plant 21 trees within a smaller defined customer area where 135 would be required if the automobile storage area is included in the calculations. The applicant requests the following PUD modification to the standards in the Engineering Criteria Manual: 1. Modification to Section 2.3.2 Table 2-7 to use the Urban Residential Collector instead of the Non-Residential Collector roadway design standard for Air Lane. The applicants have provided justifications in support of the proposed modifications in the letter of intent. Authorization to Sign: PUD Development Plan and any other documents required to finalize the approval. B. PLANNING COMMISSION SUMMARY Request Heard: Recommendation: Waiver Recommendation: Vote: Vote Rationale: Summary of Hearing: Legal Notice:
C. APPROVAL CRITERIA The Planning Commission and BOCC shall determine that the following criteria in Section 4.2.6.D, Approval Criteria for PUD Zoning, of the Code, have been met to approve a PUD zoning district: The proposed PUD district zoning advances the stated purposes set forth in this section. The application is in general conformity with the Master Plan; The proposed development is in compliance with the requirements of this Code and all applicable statutory provisions and will not otherwise be detrimental to the health, safety, or welfare of the present or future inhabitants of El Paso County; The subject property is suitable for the intended uses and the use is compatible with both the existing and allowed land uses on the neighboring properties, will be in harmony and responsive with the character of the surrounding area and natural environment, and will not have a negative impact upon the existing and future development of the surrounding area; The proposed development provides adequate consideration for any potentially detrimental use to use relationships (e.g. commercial use adjacent to single family use) and provides an appropriate transition or buffering between uses of differing intensities both on-site and off-site which may include innovative treatments of use to use relationships; The allowed uses, bulk requirements and landscaping and buffering are appropriate to and compatible with the type of development, the surrounding neighborhood or area and the community; Areas with unique or significant historical, cultural, recreational, aesthetic or natural features are preserved and incorporated into the design of the project; Open spaces and trails are integrated into the development plan to serve as amenities to residents and provide reasonable walking and biking opportunities; The proposed development will not overburden the capacities of existing or planned roads, utilities and other public facilities (e.g. fire protection, police protection, emergency services, and water and sanitation), and the required public services and facilities will be provided to support the development when needed;
The proposed development would be a benefit through the provision of interconnected open space, conservation of environmental features, aesthetic features and harmonious design, and energy efficient site design; The proposed land use does not permit the use of any area containing a commercial mineral deposit in a manner which would unreasonably interfere with the present or future extraction of such deposit unless acknowledged by the mineral rights owner; Any proposed exception or deviation from the requirements if the zoning resolution or the subdivision regulation is warranted by virtue of the design and amenities incorporated in the development plan and development guide; and The owner has authorized the application. D. LOCATION The development is located at the southwest corner of the intersection of U.S. State Highway 24 and Marksheffel Road and is adjacent to the following zoning districts and land uses: North: City of Colorado Springs South: City of Colorado Springs East: City of Colorado Springs West: CS (Commercial Service) Vacant Vacant Water Treatment Facility Commercial E. BACKGROUND The subject properties were zoned A-3 (Agricultural) in the first County-wide zoning of unincorporated El Paso County in 1942 (Board Resolution No. 669212). The ten (10) properties included in the proposed Hillcrest Commercial PUD (Planned Unit Development) zoning district were created as Lot 7 and Lots 12 through 20 of the Hillcrest Acres Subdivision (Plat No. 1950), which was recorded in Book 2, Page 64 with the Office of the El Paso County Clerk and Recorder on May 20, 1960. Subsequent map amendments (rezonings) of the properties have resulted in the following current zoning configuration within the proposed PUD zoning district boundaries: Lot 18 4.83 acres zoned M (Industrial) on April 5, 1976 (Board Resolution No. 85-266) Lots 19 4.22 acres zoned I-2 (Limited Industrial) on November 9, 2006 (Board Resolution No. 06-411
Lot 20 3.26 acres zoned I-2 on September 23, 2004 (Board Resolution No. 04-400) Lot 12, Lot 16, and Lot 17 13.9 acres zoned I-2 on June 27, 1985 (Board Resolution No. 85-264) Lot 7, Lot 13, Lot 14, and Lot 15 27.71 acres zoned CS (Commercial Service) on June 27, 1985 (Board Resolution No. 85-266) A site development plan (PCD File No. PPR-06-049) was approved to authorize the development of a self-storage facility located on Lot 19 (4.22 acres zoned I-3) on September 19, 2007. The self-storage facility has not been constructed..all of the subject properties have remained undeveloped. F. ANALYSIS 1. Land Development Code Analysis The applicants have requested a modification to Section 6.2.2.B, Roadway Landscaping Requirements, of the Land Development Code, which requires one (1) tree to be planted for each 20 linear feet of frontage on an expressway and/or principal arterial. The property has 2,542 feet of frontage along U.S. Highway 24, which is classified as an expressway and approximately 2,300 feet of frontage along Marksheffel Road which is classified as a principal arterial. A total of 124 trees are required along the U.S. Highway 24 frontage and 115 trees along Marksheffel Road for screening purposes. The applicants propose a modification of the roadway landscape requirements to allow the construction of a six (6) foot continuous decorative concrete fence along 2,542 feet of U.S. Highway 24 frontage and along the northernmost 480 feet of the Marksheffel Road frontage to provide screening of the proposed automotive recycling center. Landscaping clusters are proposed to be provided at 50 foot intervals along the entire length of the concrete screening fence. Along the U.S. Highway 24 boundary of Lot 1 the applicants propose an alternate landscape ratio of one (1) tree per approximately 40 feet for a total of 52 trees where 127 would be required. The developer has agreed to provide financial assurance to ensure construction of the concrete screening fence and that such construction will be complete within eighteen (18) months from the date that the County issues a construction permit for any or all of the subject parcels. The Marksheffel Road boundary is intersected by the proposed Parts Depot Way roadway. The applicants also proposes an alternate landscape ratio of one (1) tree per 27 feet along the northern 1,599 feet of the boundary of Lot 1 adjacent to Marksheffel Road, for a total of 59 trees where 80 trees would be required. A 2.87 acre detention pond is proposed on Tract A is adjacent to the remaining 700 feet of frontage along Marksheffel Road south of Parts Depot Way. The applicants are not proposing to provide the required landscaping along this
boundary. Rather, screening requirements for this segment of Marksheffel Road are proposed to be provided and reviewed during future site development plan review processes for Lot 3 and Lot 4. The applicants request a modification to Section 6.2.2.E.2.b, Internal Landscaping, of the Code, which requires five (5) percent of the development area to be landscaped for Lot 1. One (1) tree is required per every 500 square feet of the calculated internal area. Lot 1 contains 30.24 acres. Application of the ratio would require the planting of 135 trees. The applicants propose a total of 21 internal plantings be provided and clustered around the retail building and interspersed around the parking lot edges. The applicants justification for the modification is that the nature of the activities that generally occur in the auto recycling and salvage storage areas, such as the dismantling of vehicles and the transportation of vehicles and parts use are not conducive to establishing and maintaining internal landscaping. The applicants have requested a design modification to Section 2.3.2, Table 2-7, Design Standards by Functional Classification, of the Engineering Criteria Manual to use the Urban Residential Collector instead of the Non-Residential Collector roadway design standard for Air Lane. In 1960, Air Lane was platted with the Hillcrest Acres Subdivision as a rural local roadway with a 60 foot right-of-way. The Hillcrest Acres Subdivision has not been developed for residential purposes and Air Lane has not been constructed. An urban non-residential collector links local and arterial roadways in locations characterized by non-residential land uses or uncommitted future land uses. Non-residential collectors require 80 feet of right-of-way to accommodate two (2) 12 foot travel lanes, a 12 foot striped median, six foot shoulders, 2.5 foot curb and gutters, eight (8) foot landscape medians, and five (5) foot sidewalks. An urban residential collector links local and arterial roadways in exclusively residential areas where build-out conditions for land development can be reasonably forecasted. The residential collector cross-section requires 20 feet less right-of-way because it does not have the 12 foot median and the landscape buffers are four (4) feet on either side of the road. The traffic impact study identified the need for a dedicated eastbound left turn lane. The requested modification would be able to accommodate a 12 foot median left turn lane if the 6 foot shoulders are removed at the intersection of Air Lane and Marksheffel. The modifications may be approved in exchange for the higher quality screening wall along the U.S. Highway 24 corridor. The Land Development Code Administrator and Engineering Criteria Manual Administrator have reviewed the requested modifications relative to individual authorities and have respectively recommended approval. If the modifications are approved as proposed, then staff would recommend that the application meets the proposed PUD
development plan and development guidelines and complies with Section 4.2.6 of the Code. 2. Zoning Compliance The Hillcrest Commercial Park PUD Development Plan provides the following: allowed and permitted uses; use, density, and dimensional standards such as setbacks, maximum lot coverage, and maximum building height; landscaping requirements; and development review standards. Permitted and allowed uses within the proposed PUD zoning district include an auto salvage and recycling center, service oriented and related commercial and industrial uses such as automotive and vehicle repair shops, automotive sales and storage, outdoor equipment and vehicle storage, retail sales, indoor storage, and warehousing. Screening of the anticipated location of the recycling center against U.S. Highway 24 is proposed through a combination of a minimum six (6) foot tall continuous decorative concrete fence with landscape clusters located between the wall and Highway 24 at approximately 50 foot intervals. The PUD development plan includes a line of sight analysis from U.S. Highway 24 to demonstrate the effectiveness of the proposed landscape/screening plan. According to the analysis, the vehicle storage areas will be screened from public view along the U.S. Highway 24 corridor. The analysis identifies that screening is achieved as a result of the lower elevation of the finished site and vehicle storage areas, the distance from the edge of pavement to the property line, and construction and alignment of the concrete wall within the required landscape setback. The applicants propose development review criteria that would authorize the Planning and Community Development Director to make determinations regarding future proposed uses that are not expressly identified as allowed uses by the PUD development plan. The Director may determine that unidentified proposed use is both consistent with and compatible with existing and/or permitted uses within the PUD zoning district. Upon such determination, the proposed use will be allowed as a special use. The Director would still have the ability as his or her discretion to elevate the special use approval to the Planning Commission and Board of County Commissioners. Any use the Director determines is neither consistent with nor compatible with existing and/or permitted uses within the PUD zoning district will require an amendment of the PUD zoning district by the Board of County Commissioners.
3. Policy Plan Analysis The El Paso County Policy Plan (1998) has a dual purpose; it serves as a guiding document concerning broader land use planning issues, and provides a framework to tie together the more detailed sub-area elements of the County Master Plan. Relevant policies are as follows: Policy 6.1.7 Encourage infill development which complements existing uses, is consistent with Small Area and other adopted plans. Policy 6.1.8 Encourage incorporating buffers or transitions between areas of varying use or density where possible. Policy 6.1.10 Ensure that new development will not create a disproportionately high demand on public services and facilities by virtue of its location, design or timing. Policy 6.1.11 Plan and implement land development so that it will be functionally and aesthetically integrated within the context of adjoining properties and uses. Surrounding uses include a commercial/light industrial park, a water treatment facility, and vacant land owned by the City of Colorado Springs. The City of Colorado Springs purchased the property on behalf of the Colorado Springs Airport in support of a Noise Compatibility and Land Acquisition Program. At the time of purchase and annexation (Cir. 2014) the City had no current plans for development of the property. The proposed uses, which include automotive and vehicle repair shops, automotive sales and storage, outdoor equipment and vehicle storage, retail sales, indoor storage, and warehousing are not incompatible with those generally located in a commercial/industrial park in terms of traffic, noise, and visual impacts. The proposed auto recycling center is less compatible due to the potential for increased negative visual impacts. The applicants are proposing a continuous decorative concrete fence with landscape clusters at approximately 50 foot intervals to provide visual screening from U.S. Highway 24. The development has access to adequate public services as discussed in more detail below. Prior to initiation of any use on the site, the applicants will be required to annex into a fire protection district. Staff recommends the proposed
PUD may be found to be generally consistent with the policies and recommendations of the Policy Plan. 4. Small Area Plan Analysis The properties are not located within the boundaries of a small area plan. 5. Other Master Plan Elements The proposed Hillcrest Commercial Park PUD Development Plan is consistent with or does not create negative impacts to elements depicted on the El Paso County Wildlife Habitat Descriptors Map (1996), the El Paso County Community Services Parks Master Plan (2014), the Master Plan for Mineral Extraction (1996), and the Major Transportation Corridors Plan (2016), which is further addressed below. G. PHYSICAL SITE CHARACTERISTICS 1. Hazards No hazards were identified in the review of the application that would preclude development of the properties as proposed in the PUD development plan. 2. Wildlife Potential impacts to wildlife are generally low as depicted in the El Paso County Wildlife Descriptors Map (1996). 3. Floodplain FEMA Flood Insurance Rate Map (FIRM) panel numbers 08041C0752F, 08041C0754F, and 08041C0756F shows that the properties are located outside the 500-year floodplain (Zone X). 4. Drainage and Erosion Hillcrest Commercial Park is located in both Jimmy Camp Creek Basin (FOFO2000) and Peterson Field Basin (FOFO3400). The properties do not require any platting actions to conduct the uses authorized by the PUD. Drainage fees are not required with zoning actions. The Master Development Drainage Plan (MDDP) that was submitted for review in support of the rezoning request proposes two on-site full spectrum detention (FSD) ponds to mitigate both water quality and flood control impacts generated by the site. The first FSD pond (located at the southeast corner of the PUD) along with a temporary sedimentation pond (located at the southwest corner of the PUD within Lot 2) shall be constructed with the development of Lot 1. The second FSD pond will replace the temporary sedimentation pond when Lot 2
develops. Both FSD ponds are private facilities and will be subject to a private detention basin maintenance agreement. A final drainage report or drainage letter is required with subsequent site development plan applications. Grading and erosion control plans will be required with subsequent site development plan applications. These plans will identify temporary and permanent best management practices (BMPs) to prevent sediment and debris from affecting adjoining properties and the public stormwater system before, during, and after grading activities. 5. Transportation Development of property within the PUD is subject to the countywide Road Impact Fee Program. Direct lot access to U.S. Highway 24 or Marksheffel Road is prohibited. Access to Marksheffel Road and to properties within the PUD is proposed via the construction of Air Lane and Parts Depot Way as public roadways. Both roadways shall be constructed with the development of Lot 1. These developerconstructed roadways total 0.436 lane miles which will be dedicated to the County for ownership and maintenance. Parts Depot Way intersects North Marksheffel Road to the east and Air Lane to the south. The intersection with North Marksheffel Road is proposed as a rightin/right-out turn movement. The proposed location and turn movement matches the location shown on the Marksheffel Access Management Plan. The Marksheffel Access Management Plan is a planning document which provides guidance and not a guarantee of final access locations. A deviation request (DEV-17-003) to allow the right-in/right-out access location was approved by the County Engineer with conditions. Conditions include a requirement to construct a raised center median island to prevent left turn movements onto Marksheffel Road and disclosure that the access may be closed in the future at the County Engineers discretion. Air Lane is an existing 60 foot wide unimproved right-of-way for an intended rural local roadway. The applicants are requesting a modification to the standards in the Engineering Criteria Manual (2015) to construct Air Lane based on the urban residential collector roadway design standards. See Section A and F above for details regarding the modification request.
A cul-de-sac is proposed at the western end of Air Lane to provide access to Lot 2. The portion of the cul-de-sac located within Lot 2 shall be dedicated as public right-of-way or as a non-exclusive public improvement easement. North Marksheffel Road is classified as a four-lane urban principal arterial in the Major Transportation Corridors Plan (2016). North Marksheffel Road is currently under construction and is being upgraded to a four-lane urban principal arterial between State Highway 94 and U.S. Highway 24 as part of the Marksheffel Road, U.S. Highway 24 to Link Road Project funded by the Pikes Peak Rural Transportation Authority (PPRTA) and managed by the El Paso County Department of Public Works. Based on the estimated trip generation at full buildout, a continuous southbound right turn acceleration/deceleration lane is required on Marksheffel Road. A traffic impact study is required with each subsequent site development plan application to determine if the lane is warranted at that time. H. SERVICES 1. Water The development is within the boundaries of Cherokee Metropolitan District. A review of water supply and the associated findings of sufficiency are not made with zoning applications. The District has provided a letter committing to provide water service to the site. 2. Sanitation The development is within the boundaries of Cherokee Metropolitan District. The District has provided a letter committing to provide wastewater service to the site. 3. Emergency Services The development is not located within the boundaries of a fire protection district. Emergency and fire protection services are provided by the El Paso County Fire Marshall through intergovernmental mutual aid agreements with surrounding fire districts. The El Paso County Fire Marshall and all fire protection districts have agreements in place to provide emergency services when any jurisdiction is not able to provide an adequate response. Calls for emergency and fire protection services outside of fire protection districts are routed from 911 to surrounding fire protection districts, who in accordance with the mutual aid agreements respond to the emergency call. Because property owners outside of fire protection district boundaries do not pay taxes to support these services, they are invoiced at a later
date for any fire protection and/or emergency services rendered. The applicants are in the process of annexing into the Cimarron Hills Fire Protection District. 4. Utilities Electric service will be provided by Mountain View Electric Association. Natural gas service will be provided by Colorado Springs Utilities. 5. Metropolitan Districts The development is located within Cherokee Metropolitan District which is a water and wastewater service provider. 6. Parks/Trails There are no planned park or trail improvements adjacent to this site. Rezoning requests are not subject to land dedication or fees in lieu of land dedication requirements. 7. Schools The site is located within the boundaries of Colorado Springs District No. 11. Rezoning requests are not subject to school land dedication or fees in lieu of land dedication requirements. I. APPLICABLE RESOLUTIONS Approval Page 29 Disapproval Page 30 J. STATUS OF MAJOR ISSUES There are no outstanding issues with this request. K. RECOMMENDED CONDITIONS OF APPROVAL Should the Planning Commission and the Board of County Commissioners find that the request meets the criteria for approval outlined in Section 4.2.6 of the El Paso County Land Development Code (2016), staff recommends the following conditions and notations: 1. Development of the property shall be in accordance with the PUD development plan. Minor changes to the PUD development plan, including a reduction in density, may be approved administratively by the Director of the Planning and Community Development Department consistent with the Land Development Code. Any substantial change will require submittal of a formal PUD development plan amendment application.
2. Approved land uses are those defined in the PUD development plan and development guide. 3. All owners of record must sign the PUD development plan. 4. The PUD development plan shall be recorded in the office of the El Paso County Clerk & Recorder prior to scheduling any final plats for hearing by the Planning Commission or administrative approvals of any development permit. The development guide shall be recorded in conjunction with the PUD development plan. 5. Developer shall comply with federal and state laws, regulations, ordinances, review and permit requirements, and other agency requirements, if any, of applicable agencies including, but not limited to, the Colorado Parks and Wildlife, Colorado Department of Transportation, U.S. Army Corps of Engineers and the U.S. Fish and Wildlife Service regarding the Endangered Species Act, particularly as it relates to the Preble's Meadow Jumping Mouse as a listed threatened species. 6. Prior to building permit authorization for uses on Lot 1, the applicant shall provide collateral sufficient to construct a minimum six (6) foot continuous decorative concrete fence along the frontage of Lot 1 and U.S. Highway 24 and for the northernmost 480 feet of frontage adjacent to Marksheffel Road. The wall shall be completed within eighteen (18) months of development of the automotive recycling center on Lot 1 and shall be phased to correspond with the timing of development and use of Lot 1 as determined by the Planning and Community Development Department Director. 7. Prior to initiation of any use on the property, a site development plan shall be submitted to the Planning and Community Development Department for review and approval to demonstrate conformance with the approved PUD development plan and applicable requirements of both the El Paso County Land Development Code (2016) and Engineering Criteria Manual (2015). 8. Prior to the authorization of building permit issuance for Lot 1, the applicant shall dedicate the required right-of-way by plat for the proposed Parts Depot Way to El Paso County. The submittal shall include construction drawings of the proposed public improvements meeting the requirements of the El Paso County Engineering Criteria Manual (2015), except as modified by the PUD development plan. 9. Construction of Parts Depot Way and the design and construction of the proposed right in/right out access at Marksheffel Road shall be in accordance with the conditions of the approved deviation (PCD File No. DEV-17-003). The revisions shall be reflected on a revised PUD development plan approved by the Planning and Community Development Department Director prior to recording.
10. Air Lane and Parts Depot Way may have to be constructed by property owners adjacent to the respective roadways as evaluated during future site development plan reviews when development of each property bordering these improvements occurs. 11. Development of lots within the PUD development plan may require contribution toward or construction of a deceleration and/or continuous acceleration/ deceleration lane associated with the Parts Depot Way and Air Lane access to Marksheffel Road. Contributions and/or construction requirements shall be evaluated with each site development plan submittals for uses within the development area. 12. Landscape plans submitted in support of a site development plan for Lot 2, Lot 3, or Lot 4 shall conform to the landscaping and screening requirements of Chapter 6 of the Code. Said plans shall be approved as an administratively amendment to the PUD development plan and recorded in the Office of the El Paso County Clerk and Recorder NOTATIONS 1. If a zone or rezone petition has been disapproved by the Board of County Commissioners, resubmittal of the previously denied petition will not be accepted for a period of one (1) year if it pertains to the same parcel of land and is a petition for a change to the same zone that was previously denied. However, if evidence is presented showing that there has been a substantial change in physical conditions or circumstances, the Planning Commission may reconsider said petition. The time limitation of one (1) year shall be computed from the date of final determination by the Board of County Commissioners or, in the event of court litigation, from the date of the entry of final judgment of any court of record. 2. Rezoning requests not forwarded to the Board of County Commissioners for consideration within 180 days of Planning Commission action will be deemed withdrawn and will have to be resubmitted in their entirety. 3. The Engineering Criteria Manual (2015) standard in Section 2.3.2 Table 2-7, Roadway Design Standards for Urban Collectors and Locals, which requires a non-residential collector roadway design standard for Air Lane has been modified to allow an urban residential collector cross section for Air Lane as depicted on the Hillcrest Commercial Park PUD Development Plan. 4. The Land Development Code (2016) standard in Section 6.2.2.B Roadway Landscaping Requirements, which requires one (1) tree per each 20 linear feet of frontage on an expressway and/or principal arterial has been modified to allow a continuous decorative concrete fence with landscape clusters at approximately 50 foot intervals along the U.S. Highway 24 frontage of the proposed Lot 1 and along the northern 480 feet of Lot 1 adjacent to Marksheffel Road. Along the U.S.
Highway 24 boundary of Lot 1 the applicants propose an alternate landscape ratio of one (1) tree per approximately 40 feet for a total of 52 trees where 127 would be required. 5. The Land Development Code (2016) standard in Section 6.2.2.E.2.b Internal Landscaping, which requires 5 percent of the development area to be landscaped, or one (1) tree is required per every 500 square feet of the calculated internal area of Lot 1 which is 30.24 acres. The proposed modification will allow the applicants to plant 21 trees within a smaller defined customer area where 135 would be required if the automobile storage area is included in the calculations. The internal landscape trees will be clustered around the retail building and interspersed around the parking lot edges. 6. The Director may determine that unidentified proposed use is both consistent with and compatible with existing and/or permitted uses within the PUD zoning district. Upon such determination, the proposed use will be allowed as a special use. The Director would still have the ability as his or her discretion to elevate the special use approval to the Planning Commission and Board of County Commissioners. Any use the Director determines is neither consistent with nor compatible with existing and/or permitted uses within the PUD zoning district will require an amendment of the PUD zoning district by the Board of County Commissioners. L. PUBLIC COMMENT AND NOTICE The Planning and Community Development Department notified nineteen (19) adjoining property owners on April 13, 2017, for the Planning Commission meeting. Responses will be provided at the hearing. M. ATTACHMENTS Vicinity Map Letter of Intent Development Plan Adjoining Property Owner Letters