Title
A Major Amendment of the BSK Subdivision Filing No. 1 Development Plan project illustrating updated site data and revisions to the development and operational stipulations applied to the development located at 7133, 7149, 7165, 7207, and 7239 North Academy Boulevard.
(QUASI-JUDICIAL)
Related File: CPC ZC 18-00178
Presenter:
Peter Wysocki, Director Planning and Community Development
Daniel Sexton, Senior Planner, Planning and Community Development
Body
Summary:
Owner: Shooting Star Enterprise
Developer: Shooting Star Enterprise
Consultant Representative: N.E.S., Inc.
Location: 7133, 7149, 7165, 7207, and 7239 North Academy Boulevard
The project includes concurrent applications for a major development plan amendment and zone change. The BSK Subdivision Filing No. 1 development plan was amended to illustrate updated site data and revisions to the development and operational stipulations. The zone change will change the current zoning for the subject properties from PBC/cr (Planned Business Center with Conditions of Record) to PBC/cr (Planned Business Center with Conditions of Record) to allow certain previously prohibited land uses and prohibits a number of currently permitted land uses.
Previous Council Action:
In 1999, City Council took action on these properties during its review of the zone change application that established the current zoning.
Background:
The subject properties are located east of North Academy Boulevard and were annexed into the City on October 11, 1994 under the F C Y Estates Annexation Plat (Ord. 94-183). Following the approval of the current PBC/cr zone district and development plan for the site in 1999, the property was developed and has operated in accordance with those approvals.
The applicant has proposed a major amendment of the BSK Subdivision Filing No. 1 development plan illustrating updates to the site data reflecting the developed land uses and revisions to the development and operational stipulations. The applicant also updated the list of prohibited land uses on the plan to correlate with the applicant’s zone change application. In updating the plan, the applicant retained all previously established site design and land use based operational controls for the development to ensure the project continues to mitigate off-site impacts.
The proposed rezone of the project site from PBC/cr (Planned Business Center with Conditions of Record) to PBC/cr (Planned Business Center with Conditions of Record) allows for certain previously prohibited land uses and prohibits a number of currently permitted land uses. The current PBC zone district, as conditioned, allows for all permitted and conditional land uses within the standard PBC zone district with the exception of certain prohibited land uses that were negotiated with the Falcon Estates HOA and F C Y residents in 1999. The applicant has proposed changes to the list of prohibited land uses that would allow certain previously prohibited land uses and prohibits a number of currently permitted land uses. The application’s list of prohibited uses is as follows:
A. SEXUALLY ORIENTED BUSINESSES
B. NIGHT CLUBS
C. MOVIE THEATERS
D. BARS
E. AUTOMOTIVE AND EQUIPMENT SALES AND SERVICES
F. GENERAL FOOD AND CONVENIENCE FOOD SALES
G. DRIVE-IN OR FAST FOOD RESTAURANTS
H. LIQUOR SALES
I. TEEN OR YOUNG ADULT CLUBS
J. FUNERAL SERVICES
K. CONVENIENCE FOOD SALE WITH FUEL SALES
L. METHADONE CLINIC
The proposal does not change any of the established density and dimensional controls set forth in City Code Section 7.3.2 Commercial Districts for the base PBC zone district.
The project applications were accepted for review when the previous Comprehensive Plan, adopted in 2001, was still in effect. In January 2019, City Council adopted a new city-wide comprehensive plan (herein referred to as “PlanCOS”). Staff evaluated the project applications for conformance with PlanCOS and not the previous comprehensive plan. Per PlanCOS, the project applications appear to be consistent with the envisioned land use patterns for the subject parcels and larger commercial corridor. From the Vibrant Neighborhoods chapter of PlanCOS, the project site is identified as an Established Suburban Neighborhood typology. For this neighborhood typology, which is generally seen as predominantly built-out, the City expects infill and redevelopment to occur on undeveloped or underdeveloped properties.
From the Thriving Economies chapter of PlanCOS, the project site and larger North Academy Boulevard commercial corridor are identified under the Life and Style typology. This topology encompasses already developed properties with much of the City’s large retail and service sector businesses. A recommendation of this typology is to strengthen each area through the integration of more varied land uses. The applicant’s proposed introduction of additional permitted uses on the project site is in-line with this recommendation.
The attached City Planning Commission staff report summarizes the project details.
The project supports the City’s Strategic plan of building community and collaborative relationships and provides a platform for the building of neighborhoods and communities, as the project promotes the integration of more varied land uses to meet the daily needs of residents and businesses alike. This project represents an opportunity to further refine the developed land use pattern of the neighborhood with a compatible mix of uses. Furthermore, the project will support the future creation of employment opportunities and maintain prospects for strengthening the Colorado Springs economy through the redevelopment of the corridor.
Financial Implications:
N/A
Board/Commission Recommendation:
Both applications were approved by the Planning Commission at their meeting held on March 21, 2019. There were no public comments at the hearing. The Planning Commission voted 6-0 in favor of the items, with Commissioners McDonald, Satchell-Smith and Smith absent.
Please reference the minutes from the hearing for a detailed record.
Stakeholder Process:
The public notification process included public notice provided to 75 property owners within 1,000 feet of the site on four occasions: during the internal review stage, prior to a neighborhood meeting held on February 5, 2019, and prior to the Planning Commission and City Council hearings. The site was also posted on those four occasions. During the internal review notification, City Planning staff received comments from three residents in opposition to the project. At the neighborhood meeting, with approximately 27 residents in attendance and another 10 residents submitting comments in writing, residents voiced opposition to the project. The concerns and issues raised revolved around increased crime, homelessness, cut-through traffic, and, in general, any changes to the current conditions of record.
In terms of internal and external agency reviews, staff only sent the applications to Council of Neighbors and Organizations (CONO) for comments. When the project was processed for in-take, it was determined that no other internal or external agencies had regulatory oversight based on the project scope. All agency comments have been addressed.
Please see the Planning Commission staff report for more details.
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 DP 99-00215-A5MJ18
Approve a major development plan amendment for the BSK Subdivision Filing No. 1 project, based upon the findings that the amended development plan meets the review criteria for granting a development plan as set forth in City Code Section 7.5.502(E).
Summary of Ordinance Language
N/A