Regional Development

Center (Hearing Room)

2880 International Circle

City of Colorado Springs

Meeting Minutes - Final

Planning Commission

Wednesday, September 11, 2024

9:00 AM

2880 International Cir., 2nd Floor, Hearing Room

1. Call to Order and Roll Call

9 - Commissioner Briggs, Vice Chair Foos, Commissioner Hensler, Commissioner

Cecil, Commissioner Rickett, Chair Slattery, Commissioner Robbins,

Commissioner Sipilovic and Commissioner Casey

Present:

2. Changes to Agenda/Postponements

3. Communications

Kevin Walker - Interim Planning Director

Kevin Walker, Interim Planning Director, said the Southeast Strong Plan

is in draft form and is being reviewed by neighborhood advocates and

will go through the approval process sometime late this year or early

next year.

AnnexCOS plan is moving forward.

On September 10, 2024, City Council approved the UDC Amendment

on a 7-2 vote. This was previously denied approval by City Planning

Commission on August 28, 2024.

Andrea Slattery - Planning Commission Chair

Recognition of Commissioner Briggs for time served on City Planning Commission

Chair Slattery recognized and thanked Commissioner Briggs for his time

served with the City Planning Commission as this will be his final

meeting. Commissioner Briggs thanked the City Council for allowing

him to participate in the City Planning Commission. He thanked staff

and leadership in City Planning Commission. Commissioner Briggs said

the discussions and the perspectives that he has had shows how the

City Planning Commission should be handled.

4. Approval of the Minutes

CPC 2356

Minutes for the August 14, 2024, Planning Commission Meeting

4.A.

Presenter:

Andrea Slattery, City Planning Commission Chair

Attachments:

CPC_Minutes_8.14.24 DRAFT

Motion by Commissioner Rickett, seconded by Commissioner Sipilovic, to

approve the minutes for the August 14, 2024, Planning Commission Meeting. The

motion passed by a vote of 8-0-1.

8 - Commissioner Briggs, Vice Chair Foos, Commissioner Cecil, Commissioner

Rickett, Chair Slattery, Commissioner Robbins, Commissioner Sipilovic and

Commissioner Casey

Aye:

1 - Commissioner Hensler

Recused:

CPC 2357

Minutes for the August 28, 2024 Special Planning Commission

Meeting

4.B.

Attachments:

CPC_Minutes_8.28.24 DRAFT

Motion by Commissioner Rickett, seconded by Commissioner Casey, to approve

the minutes for the August 28, 2024 Special Planning Commission Meeting The

motion passed by a vote of 7-0-2.

7 - Vice Chair Foos, Commissioner Hensler, Commissioner Rickett, Chair Slattery,

Commissioner Robbins, Commissioner Sipilovic and Commissioner Casey

Aye:

2 - Commissioner Briggs and Commissioner Cecil

Recused:

5. Consent Calendar

Motion by Commissioner Rickett, seconded by Commissioner Hensler, that the

Consent Calendar be approved. The motion passed by a vote of 9-0.

9 - Commissioner Briggs, Vice Chair Foos, Commissioner Hensler, Commissioner

Cecil, Commissioner Rickett, Chair Slattery, Commissioner Robbins,

Commissioner Sipilovic and Commissioner Casey

Aye:

1722 Woodburn St.

NVAR-24-00 A Non-Use Variance to City Code Section 7.3.304.E.2.(c) to allow

5.A.

a one foot (1’) rear yard setback where five feet (5’) is usually

required located at 1722 Woodburn Street.

(Quasi-Judicial)

Presenter:

Johnny Malpica, Planner II, Planning and Neighborhood Services

Attachments:

1722 Woodburn St Garage-ADU Nonuse Variances - Staff Report

Attachment 1 - Site Plan

Attachment 2 - NVAR-24-0006 Project Statement

Attachment 3 - NVAR-24-0010 Project Statement

Attachment 4 - 7.3 written interpretation - 2-8-24

7.3.304 ACCESSORY USES

7.5.526 NON-USE VARIANCE

NVAR-24-00 A Non-Use Variance to City Code Section 7.3.304.E.2.(c) to allow

5.B.

a six foot and four-inch (6’-4’’) side setback where ten feet (10’) is

usually required when a dwelling unit is located above the garage

and the overhead door faces the alley located at 1722 Woodburn

Street. (Quasi-Judicial)

Presenter:

Johnny Malpica, Planner II, Planning and Neighborhood Services

Attachments:

7.5.526 NON-USE VARIANCE

Valvoline Instant Oil Change

CUDP-24-00 A Conditional Use to allow an Automobile and Light Vehicle Repair

5.C.

use in the MX-M (Mixed-Use Medium Scale) zone district

consisting of 0.62 acres located northeast of the intersection of

Centennial Boulevard and Grand Market Point. (Quasi-Judicial)

Presenter:

Allison Stocker, Planner II, Planning and Neighborhood Services

Attachments:

CUDP-24-0013_Staff_Report_Draft_20240724

Attachment_1_Project_Statement

Attachment_2_Land_Use_Statement

Attachment_3_Approved_Land_Use_Plan

Attachment_4_Vicinity_Map

Attachment_5_PlanCOS_Vision_Map

CUDP-24-0013_Presentation

7.5.601 CONDITIONAL USE

2338 N. El Paso St.

DVSA-24-00 A Development Standards Adjustment to City Code Section

5.D.

7.4.201.A to allow a twenty-two foot and six inches (22'-6") front

setback where twenty-eight feet and six inches (28'-6") is required

in the R-1 6 (Single-Family - Medium) zone district for a new front

porch on the existing single-family residence located at 2338 North

El Paso Street. (Quasi-Judicial)

Presenter:

William Gray, Senior Planner, Planning and Neighborhood

Services

Attachments:

Staff Report_Caldwell-Loucks Front Porch

Attachment 1-Context Map

Attachment 2-Project Statement

Attachment 3-Site Plan

Attachment 4-Pre-Application Summary

7.5.525 DEVELOPMENT STANDARDS ADJUSTMENT

Humble Paws

CUDP-24-00 A Conditional Use to allow an Animal Care Facility use in the LI

5.E.

(Light Industrial) zone district consisting of 20,800 square feet

located at 1516 Dustry Drive.

(Quasi-Judicial)

Presenter:

William Gray, Senior Planner, Planning and Neighborhood

Services

Attachments:

Staff Report_Humble Paws

Attachment 1-Zoning Map

Attachment 2- Context Map

Attachment 3-Project Statement

Attachment 4-Vicinity Map

7.5.601 CONDITIONAL USE

NVAR-24-00 A Non-Use Variance to City Code Section 7.3.303.A.1.a to allow

5.F.

an Animal Care Facility to be zero feet (existing conditions) to any

property line where 55 feet is required located at 1516 Dustry

Drive.

(Quasi-Judicial)

Presenter:

William Gray, Senior Planner, Planning and Neighborhood

Services

Attachments:

7.5.526 NON-USE VARIANCE

7.3.303 COMMERCIAL AND INDUSTRIAL USES

6. Items Called Off Consent Calendar

7. Unfinished Business

8. New Business

Bristow-Lowell

URAP-24-00 A Resolution making certain legislative findings and approving the

01 Bristow-Lowell Urban Renewal Plan.

8.A.

Related Files: 24-540

Presenter:

Jariah Walker, CSURA Executive Director

Attachments:

Resolution_Bristow-Lowell_URAPLAN Findings

Bristow-Lowell URA CPC Report 091124

Presentation 1 Bristow-Lowell CSURA Financial Analysis City

9-27-2024

Presentation 2 Bristow-Lowell CSURA

Bristow-Lowell Conditions Survey Final 6-17-2024

Bristow-Lowell URA El Paso County Impact Report 9-27-2024

Bristow-Lowell URA Plan Final_Legal_6-17-2024

Ryan Tefertiller, Urban Planning Manager, presented the Urban

Renewal Plan for Bristow-Lowell Urban Renewal District, located at the

southeast edge of downtown Colorado Springs. There are six parcels

located east of South Nevada Avenue along both sides of East Las

Animas Street and south of East Fountain Boulevard. The property zone

is PDZ/SS with 5.75 acres. Jariah Walker, Executive Director of the

Colorado Springs Urban Renewal Authority, gave an overview of urban

renewal designations with process and criteria. Mr. Tefertiller continued

his presentation. The proposed district falls within the area which was

previously in an Urban Renewal District in 1988, which expired in 2013.

State statute guides the process for urban renewal which requires

Planning Commission input. Mr. Tefertiller presented map guides for

the area.

Public Comment - None

Commissioner Questions

Commissioner Cecil asked for an explanation on how the southeast

corner near the tracks will fit into future planning around how the rails

are moving on Legacy Loop. Mr. Tefertiller said the southeast portion of

the district is adjacent to the rail spur that comes off the main line which

goes through downtown. This area has an approved development plan

for higher density, multi-residential use. Access is gained from Fountain

on the north side and does not cross the rail spur. There is an

easement on the southeast edge for Legacy Loop trail to cross the

property. The key issue is crossing the main line of the rail further to the

south to connect into the Fountain Creek Trail system. Commissioner

Cecil asked if this district would contribute to the completion of Legacy

Loop. Mr. Walker said the developer has maintained that he would like

to see something done with it and is working with the Parks Department,

however, there is nothing on the plan or any TIF going towards that.

Commissioner Cecil asked Mr. Tefertiller for a breakdown of how many

units will be provided at each level of affordability and how long it is

intended to be affordable. Mr. Tefertiller read information provided by

the developer. “The project will provide long-term quality, low income

and workforce housing for downtown Colorado Springs. There will be

380 units between 70% and 110% AMI level with an average under 90%

AMI. Phase one of Sumner house, which is just outside this district, is

already open with 95 units serving 30-60% AMI. The project is designed

for affordable, accessible housing, going above and beyond the

minimum design building code for seniors and people with disabilities.

100% of the project will be either ADA accessible or ADA compliant,

featuring 100% universal design for multi-family, one of the first in the

state.” Mr. Walker added the term is 30 years and the life of the URA is

25 years.

Commissioner Cecil asked why re-authorizing something in the same

footprint is necessary, what was learned from the first district and what

were the hardships that kept the development from happening under the

first URA. Mr. Walker said while he was not here during that time but

thinks the land was underutilized. He says the developer has a passion

for building this type of product. There is phase one through the

housing authority that has the lower-level AMI. Mr. Walker said there

were financial issues that were not completed and a failed metro district

that resulted in the area not being developed. Commissioner Cecil

asked if it was common to do two URA’s in the same footprint. Mr.

Walker said it depends, City Gate, Goldhill Mesa Commercial,

Southwest Downtown are all URA’s. Mr. Tefertiller added the value of

URA designation decreases as you get further into the 25 years. In the

late 1980s when the Lowell area was established as a URA, the tool

carried weight through the late 1980s and early 1990s. Different

preferences for housing from the communities and residents and there

may have been more risks in developing the last pieces and less value

in the TIF. As districts age, they have less value, and clocks will be

reset so that development can be finished out.

Commissioner Casey said he reviewed the plans and visited the sites,

then said the conditions listed in the survey are vastly overstated.

Commissioner Casey said the roads are bad but seem to match the rest

of Colorado Springs and he did not see evidence of illegal dumping in

sites in parcels one, two and three. He said there are homeless camps

and dumping along the railroad tracks in parcel five. The conditions

survey used evidence of high crime in the 80903 area compared to the

rest of Colorado Springs. He said any downtown area in a city will

naturally have higher crime statistics. Commissioner Casey asked for

comment on the issues of blight and how it substantially impairs the

sound growth of a municipality. Mr. Walker said the blight condition is

under the City Council purview and they will vote on it. A consultant is

used and if one blight is found, it is on the books up to four years, which

falls in line with the state statute. The crime methodology used falls in

line with the study used from experts and will be a determining factor for

votes at City Council. Commissioner Casey asked how other

construction projects are able to continue without going through this

process. Mr. Walker said he cannot speak for the Housing Authority,

but they are tax exempt, which is a different model from the Urban

Renewal Authority, which relies on capturing taxes.

Commissioner Hensler asked if the URA is not approved, what impacts

does it have on the parcels or future developments. Mr. Walker said this

project would not be able to move forward. Commissioner Hensler

asked how many units are planned. Mr. Walker said under 400 units.

Mr. Tefertiller said in the coming months, the Planning Commission will

see a zone change and development plan for some of the sites. This

will give the Commission an opportunity to look at the zones, setbacks,

density, etc., and today is just about the urban renewal designation.

Commissioner Rickett said he has lived here since 1977 and has seen

the area, and this is a fantastic continuation. He is in support of this and

meets the City’s comprehensive plan.

Commissioner Robbins said he is in support of this plan. He said if the

area is not developed, it will get worse.

Commissioner Sipilovic said he is in support of this project as he drives

through the area almost every day and would like to see the area

improved.

Chair Slattery agrees that this supports the mission of PlanCOS, what

the youth and environmental art side is doing, and it is a great synergy.

Vice Chair Foos said this is exactly what the city is trying to accomplish

and supports the plan.

Commissioner Hensler said she also supports the plan.

Motion by Vice Chair Foos, seconded by Commissioner Hensler, to

recommend approval to City Council the Bristow-Lowell Urban Renewal Plan

based on the finding that the Plan is consistent with PlanCOS, the City's

Comprehensive Plan. The motion passed by a vote of 9-0.

9 - Commissioner Briggs, Vice Chair Foos, Commissioner Hensler,

Commissioner Cecil, Commissioner Rickett, Chair Slattery, Commissioner

Robbins, Commissioner Sipilovic and Commissioner Casey

Aye:

PTAA Addition No.1

ANEX-23-00 PTAA Addition No. 1 Annexation consisting of 14.12 acres located

8.B.

southeast of the Stetson Hills Boulevard and North Marksheffel

Road intersection.

(Legislative)

Presenter:

Gabe Sevigny, Planning Supervisor, Planning and Neighborhood

Services

Attachments:

Staff Report_PTAA_RGS

Attachment 1 - PTAA - Petition

Attachment 2 - Project Statement

Attachment 3 - PTAA annexation- Legal Description

Attachment 4 - PTAA - Annexation Plat 11x17

Attachment 5 - Fiscal Impact Study

Attachment 6 - PTAA - SOA

Attachment 7 - Deed SSS Education

Attachment 8 - Zone Change - Project Statement

Attachment 9 - Exhibit A - Zone Legal Description

Attachment 10 - Exhibit B - Zone Map Depiction

Attachment 11 - Land Use Plan - Project Statement

Attachment 12 - Land Use Plan

Attachment 13 - D-49 Comment Letter

Vicinity Map

PTAA_Formal Presenation_RGS

7.5.701 ANNEXATION OF LAND

Gabe Sevigny, Planning Supervisor, presented the PTAA Charter

School Addition No. 1 located southeast of the Stetson Hills Boulevard

and North Marksheffel Road intersection. The zone establishment is a

Mixed-Use Medium Scale with Airport Overlay. Any future plans will

need to be reviewed by the Airport. Standard public notice was sent out

and no comments were received, however, just before Planning

Commission, one email was received with concerns over traffic. Agency

review was completed, all agencies are in support of this plan. Staff

finds the application meeting criteria.

Applicant Presentation

Nina Ruiz, Executive Consultant with Vertex Consulting, gave the PTAA

Annexation presentation. The 14-acre property is located in a county

enclave. This will be a STEAM Charter Academy for grades 6-12 with

approximately 800 students. Colorado Springs Fire Department will be

the responding agency for emergencies. The school will add jobs

beyond the construction timeline. This will have a positive impact and

net-zero impact on the City budget. All utilities will be extended into the

property with no concerns. CSU identified a 50-foot easement that will

be required for a water line. It is compatible with adjacent properties. A

traffic study was done, and a right-out only access will be used on

Marksheffel with a stop-controlled intersection. The first school parking

lot is 1,300 feet away from the public road.

Commissioner Rickett asked if the right-out from Marksheffel was also a

right-in. Ms. Ruiz said it will be an exit only, right-out. There were

discussions with City Traffic about the exit and it was identified that

having both would not be a safe situation.

Ms. Ruiz said Marksheffel Road is being extended and is currently rated

as an F. Once the work is completed it will have a C level rating. Some

of the criteria for the application are public interest, health, safety,

convenience and welfare. The school will serve the growing population

for the area. It will serve as a community gathering place, STEAM

education and future skilled workforce. The geologic hazard report was

approved, and the drainage report indicates no impact.

Commissioner Robbins asked if Marksheffel has two lanes going north

and south. Ms. Ruiz said currently it is only one lane, however,

construction for two is in effect. It will be finished by the time the school

will be under construction. Commissioner Robbins asked if there are

any future plans for Stetson Hills to be extended up to Huber Road. She

said once the adjacent development is put into production, it is

anticipated that Stetson Hills will be extended further east but has not

been designed yet.

Commissioner Briggs said there is already a PTAA school and asked if

that school would adjust grade levels. Ms. Ruiz said the current school

would adjust to Pre-K through 5th grade and the new PTAA school

would be 6th through 8th grades.

Commissioner Hensler asked if Planning Commission will see a

development plan in the future. Mr. Sevigny said the development plan

is administrative and will not go to City Planning Commission. He said

after speaking with Traffic, the improvements to Stetson Hills would be

10 to 15 years out.

Public Comment - None

Motion by Commissioner Rickett, seconded by Commissioner Robbins, to

recommend approval to City Council the annexation of 14.12 acres as the

PTAA Addition No. 1 Annexation based upon the findings that the annexation

complies with the Conditions for Annexation, as set forth in City Code

Section 7.5.701. The motion passed by a vote of 9-0.

9 - Commissioner Briggs, Vice Chair Foos, Commissioner Hensler,

Commissioner Cecil, Commissioner Rickett, Chair Slattery, Commissioner

Robbins, Commissioner Sipilovic and Commissioner Casey

Aye:

ZONE-24-00 The establishment of MX-M/AP-O (Mixed-Use Medium Scale with

8.C.

Airport Overlay) zone district in association with the PTAA Addition

No. 1 Annexation consisting of 14.12 acres located southeast of

the Stetson Hills Boulevard and North Marksheffel Road

intersection.

(Legislative)

Presenter:

Gabe Sevigny, Planning Supervisor, Planning and Neighborhood

Services

Attachments:

7.5.704 ZONING MAP AMENDMENT (REZONING)

Motion by Commissioner Rickett, seconded by Commissioner Robbins, to

recommend approval to City Council the zone establishment of 14.12 acres

as MX-M/AP-O (Mixed-Use Medium Scale with Airport Overlay) based upon

the findings that the request complies with the criteria for zoning

establishment as set forth in City Code Section 7.5.704. The motion passed

by a vote of 9-0.

9 - Commissioner Briggs, Vice Chair Foos, Commissioner Hensler,

Commissioner Cecil, Commissioner Rickett, Chair Slattery, Commissioner

Robbins, Commissioner Sipilovic and Commissioner Casey

Aye:

LUPL-24-000 Establishment of the PTAA Charter School Land Use Plan for a

8.D.

proposed School, Elementary or Secondary, consisting of 14.12

acres located southeast of the Stetson Hills Boulevard and North

Marksheffel Road intersection.

(Legislative)

Presenter:

Gabe Sevigny, Planning Supervisor, Planning and Neighborhood

Services

Attachments:

7.5.514 LAND USE PLAN

Motion by Commissioner Rickett, seconded by Commissioner Robbins, to

recommend approval to City Council the PTAA Charter School Land Use Plan

based upon the findings that the proposal complies with the review criteria

for Land Use Plans as set forth in City Code Section 7.5.514. The motion

passed by a vote of 9-0.

9 - Commissioner Briggs, Vice Chair Foos, Commissioner Hensler,

Commissioner Cecil, Commissioner Rickett, Chair Slattery, Commissioner

Robbins, Commissioner Sipilovic and Commissioner Casey

Aye:

Astrozon Cultivation

UVAR-24-00 A use-variance to allow the establishment of a Medical Marijuana

8.E.

Cultivation Facility use consisting of 2.4 acres located at 3758

Astrozon Blvd. (Quasi-Judicial)

Presenter:

Allison Stocker, Planner II, Planning and Neighborhood Services

Department

Kevin Walker, Interim Planning Director, Planning and

Neighborhood Services Department

Attachments:

UVAR-24-0002_Staff_Report_Draft_ADS_20240726

Attachment_1_Project_Statement

Attachment_2_Land_Use_Statement

Attachment_3_Ordinance_83-88_Establishing_Planned_Provisional

_Zone

Attachment_4_Vicinity_Map

Attachment_5_Public_Comments

UVAR-24-0002_Presentation

UVAR-24-0002_Astrozon_MedMarj_Presentation

7.5.527 USE VARIANCE

Astrozon Cultivation

Allison Stocker, Planner II, presented the Astrozon Cultivation Facility

UseVariance located at 3758 Astrozon Boulevard. It is currently a

Mixed-Use Large Scale Zone District, with a Plan Provisional Overlay,

Airport Overlay and Streamside Overlay. This is a re-establishment of a

medical marijuana cultivation facility within an existing commercial

center. The medical marijuana cultivation license was issued in July

2015 and the Planned Provisional Overlay restrictions were not applied

to the prior license holder. During pre-application meeting and further

review, it was found to be non-compliant and required a use variance to

re-establish on site. Standard public notice was sent out and two

comments were received. Both were neighboring commercial properties

who were concerned with ongoing crime in the area. Agency review was

completed, and no comments were received. Staff finds the application

meets the review criteria.

Commissioner Comments

Commissioner Rickett asked if this was one piece of the building or if the

entire building is to be used for the cultivation. Ms. Stocker said it is a

portion of the building and referred to the applicant for further details.

Commissioner Rickett asked if any legal or code enforcement issues

have taken place at the previous cultivator of the space. Ms. Stocker

said none that were brought to her attention.

Commissioner Robbins asked if the applicant was still growing without a

license. Ms. Stocker said the previous license holder received their

license in 2015 and relinquished the license to the Clerk’s office in 2023.

During that period of time, they were legally growing due to having

Zoning permission to do so, even though that was an error. Based on

the overlay district they should not have been, but because Zoning

provided permission, it was treated as a legal use.

Commissioner Casey said criteria number two states, if it is not

approved, the property, or structure cannot yield any beneficial use and

asked if it could not be used for any other purposes. Ms. Stocker said

that section does speak to the decline in the ability to use, however, it

may not be a literal interpretation. The commercial center has had

challenges keeping occupancy and there could be an argument that

denial of the use variance might hinder the ability to maintain full

occupancy. Commissioner Casey asked if it might be stigmatized due to

it being a grow house prior and no one wants to use it for other

purposes. Ms. Stocker said she did not know the context of the other

occupants in the commercial center. Commissioner Casey said criteria

number six states the applicant has no other option for legalizing the

purposed use on site aside from completing a zone change application

and asked if that was the applicant’s other option. Ms. Stocker said that

is correct.

Chair Slattery asked if a conditional use permit for the property was

needed or if it is incorporated in the use variance. Ms. Stocker said the

use variance would supersede the conditional use.

Commissioner Briggs asked if the overlay had been rescinded. Ms.

Stocker said the only way to do that would be to go through the zone

change process.

Applicant Presentation

Ryan Moore, representative of Astrozon Cultivation, presented his

application for the use variance. Mr. Moore is asking to relocate and

scale down operations in order to be profitable. He said the facility

would be for medical cannabis cultivation only. There is no intention of

cultivating recreational marijuana or retail options. He said the floor plan

would stay the same and the only addition will be a door to separate the

two units. He said with retails shifting to online sales, the owner of the

building has difficulty keeping the units occupied. Mr. Moore said they

were two weeks late from being “grandfathered in”. The traffic will go

down in the area with this facility being cultivation only. There were no

complaints when the prior business was in operation, and this will help

the community with zero impact on the property. Mr. Moore said the

restrictive ordinance severely restricts the businesses that are able to be

in the property, even when the same type of businesses were there

previously.

Commissioner Comments:

Commissioner Rickett asked if the facility currently has the appropriate

filtration and odor reduction in the HVAC system. Mr. Moore said it is

separate from the HVAC system and a carbon filtration system is used,

which is more economical.

Commissioner Cecil asked why a zone change was not pursued instead,

given it would have benefited the land more by removing the restrictions

that the provisional overlay has on the property. Mr. Moore said the

landlord is not aware of some of these items and is stuck in his ways.

Ms. Stocker said, from a planning perspective, re-zoning could have

larger implications and possibly when the ordinance was originally

passed it was done so deliberately. The restrictions could have been

from neighborhood conversations when the property was re-zoned from

R-5 to C-6.

Commissioner Hensler asked if the variance will stay with this business.

Ms. Stocker said yes. Mr. Sevigny added that typically it would stay with

this business, however, motions can be adjusted to state the variance

stay with the specific business and operation in the event the business

ceases operation, then the variance is no longer in place. He also noted

that the use variance is only allowing this specific use whereas the zone

change is not as specific. Commissioner Hensler asked what the

recommendation is from staff on whether a variance should stay with the

business or location. Mr. Sevigny said staff does not make those

recommendations, only if they meet the criteria. This application is here

today because it is an existing structure with an existing use, staff felt

the application met criteria.

Commissioner Briggs asked if a motion can be added in the event the

applicant wanted to add retail in the future. Ms. Stocker said a condition

of record could be attached to the recommendation. Trevor Gloss, City

Attorney said his interpretation of the use variance is only for medical

marijuana cultivation and if the applicant wanted to switch over to retail

sales in the future, they would have to get a new use variance.

Commissioner Briggs asked the applicant if they are currently at the new

location. Mr. Moore said not until the use variance is passed.

Vice-Chair Foos asked if there have ever been complaints with the odor.

Mr. Moore said there are more complaints about the port-a-potty

business next to them.

Commissioner Briggs said the overlay needs to be removed first and

other applicants have been denied in the past due to staff errors.

Chair Slattery said this is a building owner situation where a zone

change, and removal of the overlay could affect the other businesses.

The use variance would be simpler with the established business.

Commissioner Cecil asked Mr. Gloss to confirm if all the criteria should

be met in order to approve the application. Mr. Gloss said yes and

reminded the Commissioners that this is a recommendation to City

Council, and they would make the final decision. Commissioner Cecil

said the business model is good, and property loss would not be

triggered due to not having the business there. It is unlikely that the

property could not yield any other beneficial use. Commissioner Cecil

will not be supporting a recommendation of approval.

Commissioner Casey asked if this is not approved, what is the timeline

for a zone change. Ms. Stocker said re-zoning applications have a

higher threshold for review and require more labor and materials, which

would in incur additional costs. There would be a two-to-three-month

administrative review period. The application would also go back to City

Planning Commission and City Council.

Commissioner Casey asked if the applicant could do the zone change

just being a tenant or would the property owner need to. Ms. Stocker

said the applicant could if they have permission from the property owner.

A general-owner authorization form would need to be submitted,

allowing the applicant to represent them in the zone change application.

Commissioner Casey asked if the zone change would apply to the entire

property or the parcel. Ms. Stocker said it would apply to the entire

property.

Commissioner Hensler said a zone change is not needed, and she is in

favor of supporting the application as it stands.

Katie Carleo, Acting Assistant Director, said spot zone changes are not

recommended, this application is a specific use to this building.

Vice Chair Foos said his concern was about odors, however, he feels

that the smells will be contained.

Commissioner Rickett said when a grow facility is changed to different

business, there is a large investment to clear the materials. This is good

for the building owner and applicant and feels that it meets the criteria.

Public Comment - None

Motion by Commissioner Rickett, seconded by Commissioner Hensler, to

recommend approval to City Council the Use Variance to establish the

Medical Marijuana Cultivation Facility based upon the findings that the

request complies with the criteria as set forth in City Code Section 7.5.527.

The motion passed by a vote of 7-2.

7 - Vice Chair Foos, Commissioner Hensler, Commissioner Rickett, Chair

Slattery, Commissioner Robbins, Commissioner Sipilovic and Commissioner

Casey

Aye:

No:

2 - Commissioner Briggs and Commissioner Cecil

9. Presentations

10. Adjourn