Title
Ordinance No. 20-32 amending the zoning map of the City of Colorado Springs relating to 6.8 acres located at 1265 Kelly Johnson Boulevard from PIP-1 (Planned Industrial Park) to PBC (Planned Business Center)
(Quasi-Judicial)
Related files: CPC ZC 19-00175, CPC CU 19-00176
Presenter:
Hannah Van Nimwegen, Senior Planner, Planning and Community Development
Peter Wysocki, Planning and Community Development Director
Body
Summary:
Owner: Navy Federal Credit Union
Representative: Rockwell Consulting, Inc.
Location: 1265 Kelly Johnson Boulevard
The Edison at Chapel Hills project includes concurrent applications for a zone change and conditional use development plan for 6.8 acres located west of the Academy Boulevard and south Kelly Johnson Boulevard intersection, addressed as 1265 Kelly Johnson Boulevard. The zone change requests to rezone the property from PIP-1 (Planned Industrial Park) to PBC (Planned Business Center), and the conditional use development plan illustrates 171 multi-family units spread across three structures varying between three and four stories in height.
Background:
This proposal includes the rezoning of 6.8 acres from PIP-1 (Planned Industrial Park) to PBC (Planned Business Center) in preparation for a new multi-family development, The Edison at Chapel Hills. The multi-family residential land use requires approval of a conditional use when located in the PBC zone district. Staff supports the zone change to PBC with subsequent conditional use in order to remain consistent with the surrounding zone district pattern and allowing for flexibility in land uses in a future instance where the land use needs to be altered from multi-family residential. Parcels along the Kelly Johnson loop were zoned PIP-1 (Planned Industrial Park) throughout the early to mid-1980s, and have steadily been rezoned from PIP-1 beginning in the late 1990s through 2017 (most recent until the current proposal).
The Edison at Chapel Hills project will provide 171 multi-family residential units within this development. The applicant’s proposal sets the specific dimensional requirements and illustrates the envisioned layout for the multi-family residential complex. The proposed layout includes three apartment buildings, three detached garages, and three carports. The plan illustrates 272 total parking spaces, two that are located on Kelly Johnson Boulevard. City Code Section 7.4.204, Alternative Parking Options, allows on-street parking stalls to be counted toward the total requirement as long as those stalls are located adjacent to the property. The site also includes a leasing center, dog park, and pool for the residents. A full-spectrum detention pond is proposed along the western portion of the property. This pond will drain into the South Pine Creek canal located to the south of the property and eventually drain into Pine Creek. Storm Water Engineering approved the final drainage report on March 28, 2020.
The Traffic Engineering Division reviewed the proposed development and had no comments for the applications. A traffic study was not required because of the size of this project and the sufficient existing roadway infrastructure. A geologic hazard report was required due to the slopes of the western portion of the site and the location of the 100-year floodplain that runs adjacent to the site to the west. The geologic hazard identifies the following hazards: potentially unstable and unstable slopes along creek, artificial fill, and floodplain areas. The report also identifies the following mitigation measures: avoidance, stabilization on NW corner of site, re-compact uncontrolled fill, build up the finished floor elevation a minimum of one foot above floodplain level. A note was added to the development plan identifying these hazards and referring to the geologic hazard report for details on the recommended mitigation measures.
The Kelly Johnson loop is developing with land uses which are more supportive of the Academy Boulevard corridor rather than as an industrial park. The PBC zone district would allow for a number of commercial, office, and residential use types. Staff believes this rezoning to PBC better aligns the zone district with the uses that have developed in the area such as general office, higher education, hotels, and multi-family. The uses that exist in the area will continue to be permitted by right with the change of zone district in addition to allowing a mix of residential.
The uses which would no longer be permitted or conditionally permitted would include: construction and contractors’ yard, equipment storage yards, exterminating services, light industry, industrial laundry services, manufacturing, research and development, truck terminal, warehousing, and distribution. It is staff’s opinion that the above land uses, with the exception of research and development, would not be compatible with the way the area has developed, and that the change to PBC would continue to allow the compatible land uses found in the PIP-1 district and disallow those which are not harmonious.
Currently, of the constructed buildings in the vicinity, the land uses include general office (insurance companies, real estate companies, two IT service companies, healthcare offices, higher education, and a law office), hotels, and multi-family. Many of the commercial office buildings have available space for lease and the Kelly Johnson loop has two vacant lots, including the subject site. To the south of the subject site is a multi-family development, which was constructed in the mid-1990s. This was the only apartment complex in the area until The Caliber at Chapel Hills development (to the east of the subject site), which is currently wrapping up construction and has begun leasing. Additionally, this site is located on bus route 39 with three bus stops within a quarter mile of the subject site, and nearby access to I-25. This site is within a half mile of bus route 25 that runs along Academy Boulevard. Also supporting the multi-family land use are nearby job centers as well as a Wal-Mart Superstore and Whole Foods for grocery needs. A vicinity map is attached which details the surrounding zoning, uses, and transit stop locations.
City Planning staff is supportive of the zone change because of the steady rezoning requests moving the area away from industrial park to commercial, and because of the more compatible uses within the PBC zone district. Staff is of the opinion that this request will not be detrimental to the health, safety, or welfare of the public, and that the request is consistent with the goals and policies of PlanCOS as discussed in more detail further in this report. Staff finds this request meets the zone change review criteria as found in code section 7.5.603.
It is also staff’s opinion that the area has a lack of high-density housing, and the proposed development supports a better mixture of employment centers, commercial, and residential. Staff finds that the proposed plan meets the review criteria for conditional use development plans as set forth in city code section 7.5.502 and 7.5.704. Staff is of the opinion the land use and site design are harmonious and compatible with surrounding land uses, that existing infrastructure will not be overburdened by the proposal, and that adequate public facilities are accessible.
The City’s Comprehensive Plan, PlanCOS, identifies the area subject to the applications as a “established suburban neighborhood” that is also adjacent to economic centers such as Chapel Hills Mall on the Vision Map. The Unique Places framework map identifies the area as part of the Briargate Business Campus, and the Unique Places chapter discusses the importance of infill. Goal UP-2 states, “Embrace thoughtful, targeted, and forward-thinking changes in land use, infill, reinvestment, and redevelopment to respond to shifts in demographics, technology, and the market.” Strategies related to this policy mention the integration of different land use types which are mutually supportive. Staff is of the opinion that multi-family residential is a supportive land use for commercial uses, offices, and higher education as it provides necessary housing for employees and students, which is nearby. This sentiment is echoed in the Thriving Economy chapter which has a policy stating, “Leverage the city’s livability as a workforce and economic driver” which is achieved with the following strategy, “Ensure an adequate supply of attainable housing for the workforce across all industries, and that it is conveniently located near hubs of employment and/or public transportation.
Previous Council Action:
On May 26, 2020, this ordinance was approved on first reading on the Consent Calendar.
Financial Implications:
N/A
City Council Appointed Board/Commission/Committee Recommendation:
At their meeting on April 30, 2020, the Planning Commission voted 8-0 to recommend approval the land use applications to the City Council (Aye: McDonald, Wilson, Hente, Graham, Rickett, Almy, McMurray, and Eubanks; Absent: Raughton) as part of the consent calendar.
Please reference the minutes from the hearing for a detailed record.
Stakeholder Process:
The public process included posting the site and sending postcards to 24 property owners within a 1000-foot radius of the subject site upon the application’s submittal. A second mailing was sent to the same 24 property owners within the 1000-foot buffer prior to the Planning Commission hearing, and a third mailing prior to this City Council hearing. No public comments were received following either notification.
Staff sent plans to the standard internal and external review agencies for comments. At this time, all comments have been addressed and the drainage report has been approved. Commenting agencies included Colorado Springs Utilities, City Engineering, City Stormwater Engineering, City Traffic Engineering, City Fire, Police and E-911. Additionally, staff received comments from the school district and the United States Air Force Academy which are described in more detail below.
Academy School District 20: Staff received a letter on January 6, 2020 (attached) from Don Smith of Academy School District 20 stating, “The district realizes that proposed land use for a given parcel may change over time based upon market conditions but remains opposed to converting land that was master planned for commercial use to residential. As you are aware, the district is unable to plan for future long-range capital needs to house students in the district when development does not adhere to the approved master plan.” However, this property was never subject to a master plan, and there is no obligation for development to follow a school district’s capital needs planning. Academy School District 20 made a similar comment for the multi-family development, Caliber at Chapel Hills, also located along Kelly Johnson Boulevard to the east. In that correspondence, Mr. Smith stated the District recognizes that apartments generate less students than single-family residential development. City Council voted unanimously to approve Caliber at Chapel Hills zone change and conditional use development plan on January 23, 2018 as part of the consent calendar. It is important to reiterate that Academy School District 20 did not state the schools that would serve this development could not do so, but voiced a general concern regarding adding residential units where not master planned. This area, along with many other areas served by Academy School District 20, have not been master planned. As required by code, the development will be subject to pay fees in lieu of land dedication.
United States Air Force Academy (USAFA): The USAFA requested a note be added to the development plan recognizing the Academy’s flight patterns and noise generate by aircraft. This note is present on the Conditional Use Development Plan as General Note #8. USAFA also requested an avigation easement be recorded and dedicated for their continued flight operations. At the time of this report’s writing, the applicant has begun to draft this easement in coordination with USAFA. This easement is to be recorded upon the closing of the property’s purchase, which is dependent on approval of the zone change and development plan. Lastly, because of the proximity of the USAFA airfield, Title 14 of the Code of Federal Regulations Part 77, requires review of this project (including proposed use of any associated construction cranes) by the Federal Aviation Administration (FAA). This process has also been started by the applicant and is currently in review by the FAA.
Alternatives:
1. Uphold the action of the City Planning Commission;
2. Modify the decision of the City Planning Commission;
3. Reverse the action of the City Planning Commission; or
4. Refer the matter back to the City Planning Commission for further consideration
Recommended Action
Proposed Motion:
CPC ZC 19-00175
Approve the zone change from PIP-1 (Planned Industrial Park) to PBC (Planned Business Center), based upon the findings that the change of zoning request complies with the criteria for granting of zone changes as set forth in City Code Section 7.5.603.
Summary of Ordinance Language
An Ordinance amending the zoning map of the City of Colorado Springs relating to 6.8 acres located at 1265 Kelly Johnson Boulevard from PIP-1 (Planned Industrial Park) to PBC (Planned Business Center)