CITY PLANNING COMMISSION AGENDA ITEM NO: 7 STAFF: ERIN MCCAULEY FILE NO: AR NV (AP) QUASI-JUDICIAL

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Page 98 CITY PLANNING COMMISSION AGENDA ITEM NO: 7 STAFF: ERIN MCCAULEY FILE NO: AR NV 08-00592 (AP) QUASI-JUDICIAL PROJECT: APPELLANT: OWNER: 555-559 S.

1 Page 98 CITY PLANNING COMMISSION AGENDA ITEM NO: 7 STAFF: ERIN MCCAULEY FILE NO: AR NV (AP) QUASI-JUDICIAL PROJECT: APPELLANT: OWNER: S. 8 TH STREET PARKING VARIANCE 8 TH AVENUE, LLC THJ & J, LLC SITE PROJECT SUMMARY: 1. Project Description: This item is an appeal of an administrative approval issued January 5, 2009 for the following non-use variance: Section Off-Street Parking Requirements to allow 15 spaces where 33 are required. (FIGURE 1) The variance was requested to allow half of the building at S. 8 th Street to be remodeled into a restaurant with a drive-thru. The appellant, owner of the shopping center adjacent to S. 8 th Street, has appealed the decision, asserting that the granting of the parking variance would adversely impact plans for redevelopment of its site. 2. Appellant s Project Statement: (FIGURE 2) 3. City Planning Department s Recommendation: Deny the appeal, thereby affirming the administrative approval of the parking variance for S. 8 th Street.

2 Page 99 BACKGROUND: 1. Site Address: S. 8 th Street 2. Existing Zoning/Land Use: C6 (General Business) 3. Surrounding Zoning/Land Use: North: C6 (General Business) South: C6 (General Business) East: C6 (General Business) West: C6 (General Business) 4. Comprehensive Plan/Designated 2020 Land Use: Mature Redevelopment Corridor 5. Annexation: Fountain Creek Addition No. 7 (1970) 6. Master Plan/Designated Master Plan Land Use: Not applicable. 7. Subdivision: Wal-Mart Center Filing No Zoning Enforcement Action: None. 9. Physical Characteristics: The site is approximately 0.5 acre and is located on the corner of S. 8 th Street and W. Moreno Avenue. The lot is an outlying parcel of a larger shopping center, originally developed in the late 1980 s and early 1990 s with Wal-Mart as its anchor. Currently, the center consists of several retail uses including a craft store, an office supply store and an auto parts store. STAKEHOLDER PROCESS AND INVOLVEMENT: In accordance with standard procedure, notification was sent to properties within 150 ft. of the property lines of the subject property. Notification was also posted at the site for a minimum of 10 days. One letter was received as a result of this posting. (FIGURE 3) ANALYSIS OF REVIEW CRITERIA/MAJOR ISSUES/COMPREHENSIVE PLAN & MASTER PLAN CONFORMANCE: 1. Review Criteria / Design & Development Issues: The appellant asserts the following: a. The administrative decision is against the express language and intent of Section (J) of City Code. Section (J) states the following: Parking Location for Non MU Zone Districts: Unless placed in a tract for common use, all required off street parking spaces shall be located on the same lot as the use... The appellant has erroneously cited this section of City Code. The non-use variance applied for and granted to the property at S. 8 th Street is to satisfy Section , which defines the number of off-street parking spaces required for specific uses. Staff does not dispute that all parking spaces must be located on the same lot as the use; the issue at the center of the non-use variance application is the number of spaces required to support the proposed and retail restaurant uses. Thus, the application for non-use variance was made to allow 15 parking spaces on-site where 33 would normally be required. The applicant, in requesting the variance, supplied staff with conclusive evidence to support his request. (See FIGURE 1 for an analysis of the non-use variance review criteria). b. The decision is unreasonable because it impacts Eighth Avenue LLC s property rights. The third criterion for granting a non-use variance is No Adverse Impact. Staff found that the request would not adversely impact the surrounding area based on the parking available within the shopping center. When the center first started to develop in the late 1980s, a Declaration of Easements and Covenants (Declaration) was recorded with the El Paso County Clerk and Recorder (Book 5679, Page 391). This document allows for Reciprocal Easements, which include ingress and egress and parking provisions. Section 2.b of the Declaration states:

3 Page 100 Parking and Incidental Use. For the benefit of all Owners, and their Guests, Declarants hereby establish as an appurtenance to each and every part of the Shopping Center a non-exclusive easement and right for vehicular and pedestrian use of, including delivery and service trucks and vehicles, all parking areas which are a portion of the Common Areas or Common Area Improvements. Notwithstanding the foregoing, all employees working at establishments on Lot 1 Property, shall park in parking areas on Lot 1 Property only. (emphasis added) Further, Staff counted the parking spaces provided by the entire shopping center using a 1994 plan filed at the Development Review Enterprise and 2007 aerial photography. Staff determined that the total parking provided exceeded the required parking for all uses in the center by approximately 182 spaces. (FIGURE 1) Staff did not, however, account for the tenant on Eighth Avenue LLC s property Ramblin Express who leases parking spaces to operate a Transportation Terminal. Staff determined in 2005 that Ramblin Express would be required to provide 82 parking spaces. (FIGURE 2 EXHIBIT A) Accounting for this additional tenant, the shopping center still exceeds the required parking totals by approximately 100 spaces. Due to both the capacity of the shopping center and the recorded Declaration, staff found that the requested variance met non-use variance review criterion no. 3, in addition to both criteria nos. 1 and 2 and approved the request. 2. Conformance with the City Comprehensive Plan: This area is designated a Mature Redevelopment Corridor by the 2020 Land Use Map where infill-type developments are encouraged. The parking variance allows for adaptive reuse of an existing building and is therefore in conformance with the City s Comprehensive Plan. 3. Conformance with the Area s Master Plan: Not applicable. STAFF RECOMMENDATION: Item No: 7 AR NV NON-USE VARIANCE Deny the appeal, thereby affirming the administrative approval of the parking variance based upon the finding that the original variance request complies with all review criteria in City Code Section (B).

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NEW BUSINESS CALENDAR

Page 24 NEW BUSINESS CALENDAR CITY PLANNING COMMISSION AGENDA ITEM NO: 4.A-4.B STAFF: ERIN MCCAULEY FILE NO(S): CPC ZC 08-00188 QUASI-JUDICIAL CPC DP 08-00189 QUASI-JUDICIAL PROJECT: APPLICANT: OWNER: