Title
Ordinance No. 23-38 amending the zoning map of the City of Colorado Springs relating to 1.81 acres located at the southwest corner of the East San Miguel Street and North Circle Drive intersection to retain the current zoning classification of MX-M/CR (Mixed-Use Medium Scale with Conditions of Record) and remove the condition of record #2, which stipulates that “All activities shall be conducted entirely within a building.”
(Quasi-Judicial)
Related Files: COPN-23-0002
Presenter:
Austin Cooper, Planner II, Planning & Community Development
Peter Wysocki, Director, Planning & Community Development
Body
Summary:
Owner: Fred and Barbara Garcia
Developer: Kum & Go. L.C.
Representative: Entitlement and Engineering Solutions, INC.
Location: Southwest corner of the East San Miguel Street and North Circle Drive intersection
The project proposes concurrent applications for a Zone Change and Concept Plan. The Zone Change proposes to remove Condition No. 2 of City Ordinance No. 12-92 which stipulates “All activities shall be conducted entirely within a building.”, while retaining the current Zoning Classification of MX-M/CR (Mixed-Use Medium Scale) with Condition of Record. All other conditions placed on the project site will remain unaltered. The Concept Plan proposed the future development of a Kum and Go convenience store and ancillary fuel sales canopy. The project site is located at southwest corner of the East San Miguel and North Circle Drive intersection and is approximately 1.81 acres in size.
Background:
The City recently adopted the Unified Development Code (UDC), which is the City’s new Zoning Code. The UDC went into effect on June 5, 2023. Per Section 7.3.303.3 of the UDC:
“Fuel Dispensing Stations” Fuel Dispensing Stations shall maintain a two hundred and fifty (250) separation from residential zone districts including R-E, R1-9, R1-6, R-2, R-4, R-5, R-Flex Low, R-Flex Medium, and R-Flex High.” The properties located directly to the west and southwest of the site are zoned R-5 (Multi-Family Residential) and are less than two hundred and fifty (250) feet from the project site. The Applicant submitted a development plan application prior to the June 5, 2023, UDC effective date and, as such, the application will be reviewed under the Chapter 7 of the Municipal Code. The use-based development standards for the envisioned convenience store and ancillary fuel sales canopy does not have a buffering requirement for neighboring residential uses.
The proposed change of zone will retain the current zoning of MX-M/CR (Mixed-Use Medium Scale) with Condition of Record all be it remove Condition No. 2. The condition of record was established per City Ordinance No. 12-92 (see “Ordinance” attachment). and requires that “All activities shall be conducted entirely within a building.” (see “Zone Change” attachment). The proposal to remove Condition No. 2 from the project site is an appropriate request as this condition significantly limits the types of uses which could be developed on the property and in the 20-years since the condition was imposed the site has remained vacant. The retained zone district of MX-M (Mixed-Use Medium Scale) is consistent with the surrounding commercial zoning districts and land uses found all along North Circle Drive. The future proposed use, a convenience store with ancillary fuel sales canopy, as depicted in the Concept Plan exhibit, is not a prohibited use identified in Ordinance No. 12-92. The proposed MX-M/CR zoning has been evaluated by City Planning staff and found not to impact the health, safety, welfare, or convenience to the community and surrounding area.
The proposed concept plan depicts the future development of a convenience store with ancillary fuel sales canopy and has been designed to be consistent with surrounding commercial developments in terms of building layout and orientation. (See “Concept Plan” attachment) Further analysis of the development will be conducted during the administrative review of the development plan application. The project site is located adjacent to existing commercial land uses, primarily to the east and south of the boundaries of the project site. The proposed use is a permitted by right land use in the zone districts. While the City Ordinance No. 12-92 does prohibit the development of certain land uses (i.e. auto service, automotive wash, bar, sexually oriented business, medical marijuana facilities, and liquor stores), convenience stores with ancillary fuel sales is not listed.
Based on received public comments, there appears to be some confusion within the community regarding what an “Automotive Service” use entails. Per City Code, an automotive service use is defined as:
“An establishment which provides fuel and/or minor maintenance or repair to motor vehicles. Typical uses include muffler shops, tire sales and installation, wheel and brake shops and other similar repair service activities.”
The project does not propose an automotive service use which would involve maintenance or repair services nor oil change services. As previously indicated, the envisioned land use is a permitted by right use and City Planning staff will evaluate the final site design and layout under a future development application to ensure compatibility with the surrounding residential and commercial land uses.
Staff finds that the zone change review criteria are satisfied.
Staff has evaluated the proposed application for conformance with the City’s current comprehensive plan (herein referred to as “PlanCOS”), adopted in January 2019. According to PlanCOS, the project reinforces the importance of infill development proposals, which are emphasized by the following goals and strategies:
Policy UP-2.A: Support infill and land use investment throughout the mature and developed areas of the City.
Strategy UP-2.A-1: Encourage the development or redevelopment of vacant properties in the core area of the City by using a combination of incentives, rezoning, and creative design solutions.
Strategy UP-2.A-4: Activity support ongoing and potential infill projects, employ problem-solving approaches and continue to implement process improvements in support of infill and redevelopment.
The request to remove the condition of record to support the eventual development of the site with a convenience store with ancillary fuel sales canopy will be compatible with the neighboring commercial developments is a reasonable request knowing that the parcel has been vacant for the past 20 years. The project is consistent with the PlanCOS Comprehensive plan and specifically the infill policy and strategies listed above.
The project site is not located within a master planned area. The neighborhood surrounding the project site are developed with a mix of residential and commercial land uses. The retained zoning classification of MX-M/CR (Mixed-Use Medium Scale) with Condition of Record and the future development of a convenience store ancillary fuel sales canopy, as depicted in the proposed Concept Plan, is complementary and supportive of the current land use patterns bordering the project site.
Previous Council Action:
In 2012, Council approved a zone change to the current zoning with the conditions of record as established in Ordinance Number 12-92.
Financial Implications:
N/A
City Council Appointed Board/Commission/Committee Recommendation:
At the June 14, 2023, meeting of the City Planning Commission, project applications were heard under the regular agenda. Following presentations from City Planning staff, the applicant, and a concerned nearby property owner (who also owns a gas station) a number of Commissioners asked question of staff and the Applicant regarding the previous zoning and why this property was selected. Ultimately, the Planning Commission voted 4-2-3 to approve the project applications (Commissioners Rickett and Slattery voting against and Commissioners Raughton, Almy and Briggs absent).
Stakeholder Process:
The public notification process consisted of providing notice to adjacent property owners within 1,000 feet of the site, which included the mailing of postcards to 139 property owners and posting the site with a poster prior to the Planning Commission hearing. City Planning staff received only one comment related to the development plan application concerning a use proposed off site from the property identified for the requested rezoning.
Comments received during the public noticing cycles pertained to traffic, homelessness, land use compatibility, light and noise pollution, an overabundance of gas stations within the area, and traffic impacts along East San Miguel Street. The public comments received during the public noticing period generally pertained to site design and development related details that would be evaluated with the future development plan application and not the application requests currently being considered. The applicant provided a response to the comments received, which was distributed to the community members who provided written and verbal feedback during the public comment period, during the March 22, 2023, community meeting, and following the June 14th, 2023 Planning Commission meeting.
Staff sent copies of the plan set and supporting documentation to the standard internal review agencies for comments. Commenting agencies included Colorado Springs Utilities, City Engineering, City Traffic, City SWENT, Landscaping, and Development Review Enterprises. All reviewers support the applications and all comments pertaining to the development plan will be addressed during the administrative review of the development plan application.
During the Planning Commission meeting, Commissioners fielded comments from one member of the public who brought up concerns regarding traffic and the amount of gas stations in that area. The concerned resident owns and operates a gas station on a nearby property.
Alternatives:
City Council can choose to approve, deny, or refer the item back to City Planning Commission
Recommended Action
Proposed Motion:
Move to approve an ordinance amending the zoning map of the City of Colorado Springs for 1.81-acres associated with the Kum and Go Convenience Store and Gas Station project and retain the current zoning classification of MX-M/CR (Mixed-Use Medium Scale with Conditions of Record) and remove Condition No. 2, which stipulates “All activities shall be conducted entirely within a building.” based upon the review criteria for a zone change, 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 for 1.81-acres associated with the Kum and Go Convenience Store and Gas Station project and retain the current zoning classification of MX-M/CR (Mixed-Use Medium Scale with Conditions of Record) and remove Condition No. 2, which stipulates “All activities shall be conducted entirely within a building”.