CITY PLANNING COMMISSION AGENDA ITEM: K STAFF: STEVE TUCK FILE NO.: CPC CU QUASI-JUDICIAL

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1 Page 92 CITY PLANNING COMMISSION AGENDA ITEM: K STAFF: STEVE TUCK FILE NO.: CPC CU QUASI-JUDICIAL PROJECT: APPLICANT: OWNER: COTTONWOOD ARTISTS SCHOOL & ART GALLERY COTTONWOOD ARTISTS SCHOOL ELMER J. HERBERTSON PROJECT DESCRIPTION: The site consists of three distinct properties, two of which are developed with surface parking lots and the primary parcel which is developed with a two story office building consisting of 35,990 square feet. The three properties are separated from one another by public rights-of-way and are located on the southwest and southeast corners of Colorado Avenue and Corona Street (FIGURE 1). The building and parking lots are proposed to be used the Cottonwood Artists School. The school provides studio spaces for artists along with an art gallery and art classes. The conditional use application is for a proprietary school (art school) and retail sales (art gallery) in the M-1 (Light Industrial) zone. The artists studios, which comprise the majority of the building, are a permitted use in the M-1 zone.

2 Page 93 STAFF'S RECOMMENDATION: ITEM: K CPC CU CONDITIONAL USE Approve the conditional use for a proprietary school (art school) and retail sales (art gallery) in the M-1 (Light Industrial) zone based on the finding the application satisfies the review criteria in Section of the Zoning Code. A development plan is required with a conditional use per Section B of the Zoning Code. The recommendation for approval of the conditional use is subject to compliance with the changes to the development plan set forth in the Technical and Informational Modifications to the Development Plan portion (pages 96-97) of the CPC agenda. With the revisions to the plan, the development plan review criteria in Section C of the Zoning Code are satisfied. BACKGROUND PROJECT INFORMATION: Existing Zoning/Land Use: M-1 and C-6/office building and two surface parking lots Surrounding Zoning/Land Use: North C-6/offices South M-1, C-6/ warehouse, auto repair garage, parking lot East C-6/parking lot West C-6/office Annexation: 1872, Town of Colorado Springs Subdivision: 1873, Addition No. 1, Town of Colorado Springs and 1876, Sweets Subdivision Zoning Enforcement Action: None Physical Characteristics: The site consists of three parcels, two of which are developed with asphalt parking lots. The third parcel is developed with a 2-story, office building occupying the majority of the site. Master Plan: Downtown Action Plan, South Wahsatch DEPARTMENTAL REPORTS: City Engineering 1. City Engineering requires the three existing sub-standard pedestrian ramps at the intersection of Colorado Ave. and S. Corona St. be replaced with current City Standard pedestrian ramps. In addition, all sections of existing public sidewalk adjacent to the property that exhibit excessive deterioration should also be replaced (Note from City Planning: City Engineering has agreed to withdraw this requirement based on the extent of the project and the condition of the existing improvements). 2. Standard comments apply. For more information contact Lydia Maring at Traffic Engineering Traffic Engineering has no concerns with the proposed conditional use barring the following conditions: 1. Traffic Engineering approval is based on the proposed school use described in the letter of intent. Should the school use change or intensify, a need to revisit the condition use will be necessary due to the additional traffic generation. 2. Please include a note on the conditional use plans to discuss the need for a traffic study should the school activities increase beyond 20% of the building usage. For more information contact Lesley Mace at Colorado Springs Utilities Action Items: None, approval is recommended. Information Items: Extension of Public water/wastewater mainline may/will be required to be extended to the farthest points of the proposed development to serve adjacent properties. (Ref. Utilities Code Article 4, Section and Article 5, Section ). No trees/structures shall be located within 15 ft. of any Colorado Springs Utilities mainlines and/or utility easements. Modify the Landscape/Development Plan to reflect this requirement. Applicant must grant easements as required for any existing or proposed utility facilities; and improvements shall not encroach upon any utility easement. It shall not be permissible for any person to modify the grade of the earth on any easement without the written approval of Springs Utilities. If it is necessary to relocate any existing utility facilities, then such relocation shall be at the Applicant s expense, and if required, Applicant shall grant new easements for the relocated facilities.

3 Page 94 Additionally, all existing utilities on this property that do not have recorded easements will require easements to be granted to Colorado Springs Utilities. The easement widths shall meet current Colorado Springs Utilities Line Extension and Service Standards. Improvements, structures and trees must not be located directly over or within 6 feet of any underground gas or electric distribution facilities and shall not violate any provision of the National Electric Safety Code (NESC) or any applicable Natural Gas Codes or Springs Utilities policies, which require a minimum clearance of 10 feet from gas mains rated at 150 psi. Improvements, structures and trees shall not be located under any overhead utility facilities, shall not violate NESC clearances, and shall not impair access or the ability to maintain utility facilities. Landscaping shall be designed to provide the required clearances for utility facilities, to allow continuous access for utility equipment, and to minimize conflicts with such facilities. Approval of the referenced request(s) shall not be construed as a limitation upon the authority of Springs Utilities to apply its standards and policies. Accordingly, if there are any conflicts between the approved drawings and any provision of Springs Utilities standards and policies, then Springs Utilities standards and policies shall apply. The water distribution system facilities must meet the Springs Utilities criteria for quality, reliability and pressure. The water distribution system shall ensure capacity, pressure and system reliability for both partially completed and fully completed conditions and the static pressure of the water distribution system shall be a minimum of 60 psi. The phasing of the construction of utilities and subdivision filings shall ensure that no more than fifty (50) homes are on a single water main line at any given time. Also, to ensure the protection of public health and to maintain compliance with state regulatory requirements, the detailed plans for all customer-owned, non-potable water distribution systems, including irrigation systems, must be approved by Springs Utilities. o Further, the Applicant recognizes that the extension of water system facilities may affect the quality of water in Springs Utilities water system. Consequently the Applicant acknowledges responsibility for any costs that Springs Utilities, in its sole discretion, determines necessary to incur in order to maintain water quality in it system as a result of the Applicant s water system extensions, including but not limited to the cost of any lost water, materials and labor from pipeline-flushing maintenance activities, temporary pipeline loop extensions, or other appurtenances and measures that Springs Utilities determines are necessary to minimize pipeline flushing and to maintain water quality (Water-quality Maintenance Costs). The Applicant shall reimburse Springs Utilities for such Water-quality Maintenance Costs within 30 days of receipt of an invoice for such costs. For more information contact Ann Werner at Fire CHANGE OF USE/OCCUPANCY: It appears that this project is a change of use or occupancy for this building. As such, the building must meet the current adopted fire codes for its new use/occupancy. Additionally, a new certificate of occupancy must be obtained for the new use/occupancy. To verify if this application is in fact a change of use and/or occupancy, please contact Bob Croft at the Regional Building Department. He may be reached at FYI: 150-FT ACCESS FROM STREET: The plans appear to show all portions of the structure's first floor appear accessible within 150-feet of a main City street and additional access onto the site is not necessary. Since additional access is not necessary, fire lane signage will not be required for this site. This will be field verified "on site" by CSFD inspectors. For more information contact Steve Smith at 385- Police No comment. For more information contact Wendy Hardy at City Landscape Architect 1. A final landscape plan fee of $425 is required prior to issuance of a building permit, to be collected at the Development Review Enterprise, 2880 International Circle, Suite Provide genus and species of proposed trees. Specify wood mulch rings for newly planted trees. 3. The timetable of two years for the tree planting of the proposed trees should be reduced. 4. This plan will need to be forwarded to City Forestry for review of Right of Way proposed vegetation and treatments, once they are fully specified. Comment will be provided under separate cover as soon as it is available. For more information contact Jason Oldham at Regional Building The proposed change of use of the existing building requires a permit and must comply with sections RBC110.1; RBC105.1 and RBC104.2 of the 2005 Pikes Peak Regional Building Code" A in-depth Code

4 Page 95 Analysis would also be required, also the proposed change could require a sprinkled area under section IBC For more information contact John Jones at PETITIONER'S JUSTIFICATION: FIGURE 2 STAKEHOLDER PROCESS: The standard public notice process including the mailing of postcards to property owners within 500 of the subject property has been completed. No neighborhood meetings were held. No inquires were received from the neighbors. ANALYSIS OF MAJOR ISSUES: Project The project proposes the occupation of the existing building at the southwest corner of Colorado Avenue and Corona Street by the Cottonwood Artists School. The School intends to use the building as follows: artists studios 27,000 square feet art school 7,200 square feet art galley 1,790 square feet The working studios for individual artists are considered custom manufacturing, which is a permitted use in the M-1 zone. The art school (proprietary school) and the art galley (retail sales) require the approval of a conditional use in the M-1 zone. The two story building was constructed in 1970 as an office. The building appears to have been continuously used as an office, but has been vacant in recent months. The parking lots, which are separated from the building by public rights-of-way, have existed for an unknown period of time. The parking lots lack striping and were constructed prior to landscaping requirements. Fortunately several large, deciduous shade trees exist in the parkways (area within the street right-of-way between the curb and sidewalk) of Colorado Avenue and Corona Street which provide visual interest and shade. Opportunities exist to plant additional trees within these areas. Staff recommends the planting of five trees within one year of the approval of the conditional use. The majority of the surrounding public improvements (curb, gutter, sidewalk and pedestrian ramps) are in good condition. While the pedestrian ramps do not meet the design guidelines of today, they are in good repair and are functional. City Engineering recommended replacement of the ramps, but after discussion with Planning Staff has dropped the request because of the limited nature of the changes to the site as a result of the proposed use. Downtown Action Plan The properties are located within the South Wahsatch neighborhood as identified in the Downtown Action Plan (DAP). The DAP s intent for the South Wahsatch area is to encourage affordable, small-scale commercial and office development in support of the core. The project is consistent with this goal by providing multiple artists an opportunity to work, display and sell their art. The art classes are open to the community. The surrounding area can easily accommodate the proposed uses and will provide needed vitality for the immediate neighborhood. No negative impacts as a result of the proposed uses have been identified. Conditional Use The base zone of the site with the building is M-1 (Light Industrial). The art school and art gallery require the approval of a conditional use in the M-1 zone. A proprietary school is defined as an educational institution such as art schools, language schools, business colleges, trade schools, secretarial colleges, gymnastic schools and dance schools. Limited retail sales are permitted in the M-1 zone, but only for the goods or items produced on the site. The conditional use is necessary because the art gallery will provide sales opportunities for artists other than those who will have studios in the building. Conditional Use Review Criteria Per Section of the Zoning Code the Planning Commission may approve and/or modify a conditional use application in whole or in part, with or without conditions, only if all three of following findings are made:

5 Page 96 A. Surrounding Neighborhood: That the value and qualities of the neighborhood surrounding the conditional use are not substantially injured. B. Intent of Zoning Code: That the conditional use is consistent with the intent and purpose of this Zoning Code to promote public health, safety and general welfare. C. Comprehensive Plan: That the conditional use is consistent with the Comprehensive Plan of the City. Staff has determined the review criteria for the conditional use is met with the revisions to the development plan indicated below. Development Plan A development plan is required to accompany a conditional use application (FIGURE 1). Staff has determined the development plan review criteria are satisfied subject to the revisions to the plan listed below. Development Plan Review Criteria The development plan is subject to the review criteria in Section C of the Zoning Code listed below. 1. Will the project design be harmonious with the surrounding land uses and neighborhood? 2. Will the proposed land uses be compatible with the surrounding neighborhood? Will the proposed development overburden the capacities of existing streets, utilities, parks, schools and other public facilities? 3. Will the structures be located to minimize the impact of their use and bulk on adjacent properties? 4. Will landscaping, berms, fences and/or walls be provided to buffer the site from undesirable views, noise, lighting or other off site negative influences and to buffer adjacent properties from negative influences that may be created by the proposed development? 5. Will vehicular access from the project to streets outside the project be combined, limited, located, designed and controlled to channel traffic to and from such areas conveniently and safely and in such a manner which minimizes traffic friction, noise and pollution and promotes free traffic flow without excessive interruption? 6. Will all the streets and drives provide logical, safe and convenient vehicular access to the facilities within the project? 7. Will streets and drives within the project area be connected to streets outside the project area in such a way that discourages their use by through traffic? 8. Will adequately sized parking areas be located throughout the project to provide safe and convenient access to specific facilities? 9. Will safe and convenient provision for the access and movement of handicapped persons and parking of vehicles for the handicapped be accommodated in the project design? 10. Will the design of streets, drives and parking areas within the project result in a minimum of area devoted to asphalt? 11. Will pedestrian walkways be functionally separated from vehicular traffic and landscaped to accomplish this? Will pedestrian walkways be designed and located in combination with other easements that are not used by motor vehicles? 12. Does the design encourage the preservation of significant natural features such as healthy vegetation, drainage channels, steep slopes and rock outcroppings? Are these significant natural features incorporated into the project design? Submit 10 copies of the development plan (folded to no larger than 8½ x 11 with the lower right corner exposed) to City Planning with the following revisions: Technical and Informational Modifications to the Development Plan 1. Note the City Planning File number of CPC CU in the lower right corner. 2. Provide a bar scale. 3. Adjust the drawing to the indicated scale of 1 inch = 40 feet. 4. Note the site is within the boundaries of the Downtown Action Plan Master Plan. 5. Note the conditional use is for retail sales (art gallery) and a proprietary school (art school). 6. Note the zoning of parcel II as C-6 and the zoning of parcels III, IV and V as M Note the zoning of the property south of parcels IV and V as M-1 instead of C-6. Note the zoning of the property east of parcel III as C Clearly identify the location of the building and note as existing. Note the 2 parking lots as existing.

6 Page Note the parking requirements for the proposed uses within the building: art studios at one parking space/750 square feet = 36 art gallery at one parking space/300 square feet = 6 art school at ½ parking space/0.5 faculty member or employee + 1 parking space/6 students =? 10. Note the height of the building. 11. Revise Corona Avenue to Corona Street. 12. Note Pikes Peak Avenue/Colorado Avenue as a principal arterial with a right-of-way width of 100 feet (adjacent to parcel II). Note Colorado Avenue east of the Pikes Peak Avenue/Colorado Avenue intersection and Corona Street as non-arterial streets. Note the right-of-way width of Corona Avenue (adjacent to parcels III, IV and V) as 80 feet. 13. Show and note the dimensions of the driveways and parking spaces consistent with the requirements in Section D. of the Zoning Code. Clearly show the existing driveways and their intersection with the streets and note the driveway widths measured at the property lines. Note the parking lots shall be striped prior to the occupancy of the building. 14. Delete the random note sidewalk 6 located on parcel III. 15. Revise the sidewalks shown at the intersection of Colorado Avenue and Corona Street to show the three existing pedestrian ramps and the deletion of the sidewalk within the pavement of Corona Street. 16. Show on parcel II arrows indicating vehicles exit onto the adjacent alley instead of the parcel to the south. 17. Note the location of a trash enclosure. Provide a detail of the enclosure. 18. Note that no additional exterior lighting is proposed. 19. Correctly note the location, type, size and condition of the existing trees located within the parkways of Colorado Avenue and Corona Street. 20. Show the addition of deciduous shade trees as follows: two trees within the parkway of Colorado Avenue east of Corona Street and three trees within the parkway of Colorado Avenue between the alley and Corona Street. Note their size (1½ inch minimum caliper) and type (genus and species). Note wood mulch rings will be provided. Note the trees shall be planted within one year of the date of the approval of the conditional use. 21. Note that prior to planting trees in the rights-of-way approval shall be obtained from City Forestry.

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