CITY PLANNING COMMISSION AGENDA. ITEM NO(s): C.1 C.3 STAFF: STEVE TUCK

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Page 34 CITY PLANNING COMMISSION AGENDA ITEM NO(s): C.1 C.3 STAFF: STEVE TUCK FILE NOS: CPC ZC 12-00035 QUASI-JUDICIAL CPC NV 12-00036 QUASI-JUDICIAL AR DP 12-00039 QUASI-JUDICIAL PROJECT: APPLICANT: OWNER: OVERLOOK AT PULPIT ROCK FELLOWSHIP BIBLE CHURCH OF COLORADO SPRINGS CLASSIC CONSULTING ENGINEERS & SURVEYORS, LLC SITE donkey barn UCCS apartments Fellowshi p Bible Church

Page 35 PROJECT SUMMARY: 1. Project Description: The project proposes 288 apartment units on 11.0 acres and the dedication of 9.3 acres to the City for drainage and open space purposes. The following applications are necessary: 1) the removal of the Conditions of Record (FIGURE 1) from the existing OC/SS (Office Complex with Streamside Overlay) zone, 2) approval of nonuse variances for retaining walls in the front and rear setbacks, and 3) the development plan for the Overlook at Pulpit Rock (FIGURE 2). The site consists of 20.3 acres and is located on the west side of North Nevada Avenue, south of the Interstate 25/Nevada Avenue interchange. The 288 units are in eight buildings with a separate office/clubhouse and outdoor swimming pool. The density of the project is 26.2 dwelling units per acre. A portion of Monument Creek is within this tract to be dedicated to the City. 2. Applicant s Project Statement: FIGURE 3 3. Planning & Development Team s Recommendation: Approve the removal of the Conditions of Record from the OC/SS zone, approve the nonuse variances for the retaining walls within the front and rear setbacks and approve the development plan for the Overlook at Pulpit Rock subject to technical and/or informational modifications to the plan. BACKGROUND: 1. Site Address: Not assigned 2. Existing Zoning/Land Use: OC/CR/SS/vacant 3. Surrounding Zoning/Land Use: North: Interstate 25 and North Nevada Avenue off-ramp East: C-6/vacant, commercial (Harley Davidson dealership) South: OC/CR/SS/religious institution (Fellowship Bible Church of Colorado Springs) West: PIP-2/SS/office 4. Comprehensive Plan/Designated 2020 Land Use: Mature/Redevelopment Corridor and Candidate Open Space 5. Annexation: 1966, Golden Cycle Addition No. 1 6. Master Plan/Designated Master Plan Land Use: North Nevada Avenue Urban Renewal Plan/no specific land use is designated for the property; however, high-density residential complexes are promoted for the Nevada Avenue corridor 7. Subdivision: Not platted 8. Zoning Enforcement Action: None 9. Physical Characteristics: The 20.3-acre site is vacant and has been graded along the east side of the property near Nevada Avenue. The easterly portion of the site is significantly higher than the westerly area (approximately 20 to 60 feet). The westerly area is within the 100-year floodplain, relatively flat and vegetated with mature cottonwood trees and grasses. Monument Creek is located within the site and along the west side of the property for a distance of about 750 feet. STAKEHOLDER PROCESS AND INVOLVEMENT: Public notification consisted of a poster and the mailing of 18 postcards to property owners within 500 feet of the site on two occasions: 1) during the internal review period, and 2) prior to the Planning Commission meeting. No comments or correspondence have been received. Comments from the review agencies are addressed with the recommended revisions to the development plan listed below.

Page 36 ANALYSIS OF REVIEW CRITERIA / MAJOR ISSUES / COMPREHENSIVE PLAN & MASTER PLAN CONFORMANCE: 1. Review Criteria/Design & Development Issues: Zoning/Conditions of Record The 20.3-acre site is a portion of the property owned by the religious institution to the south (Fellowship Bible Church of Colorado Springs). The church will retain 8.5 acres. In 1994 the church s property was rezoned to OC with Conditions of Record (FIGURE 1).The Conditions of Record limit the use of the property to a religious institution, require compliance with the Pikes Peak Greenway Master Plan and outline street improvements for Nevada Avenue. The elimination of the Condition of Record restricting the use of the property to a religious institution is necessary to allow the multi-family project. The Condition of Record requiring compliance with the Pikes Peak Greenway Master Plan will be satisfied with the dedication of the land which contains the floodplain and Monument Creek to the City. No additional street improvements are necessary for Nevada Avenue (except curb, gutter and sidewalk) to accommodate the project. The Conditions of Record may be removed since the apartment project addresses the issues listed in the 1994 Conditions of Record. Development Plan/Nonuse Variances The development plan for the Overlook at Pulpit Rock shows 288 apartments in eight buildings with 80 percent of the units containing either one or two bedrooms. The project developer has indicated the units will be marketed to students at the University of Colorado at Colorado Springs. Nonuse variances to Section 7.3.204 of the City Code are requested to allow retaining walls in the following locations: 1) in the 25-foot front setback adjacent to Interstate 25 with a setback of 18 feet and a maximum height of 11 feet, 2) in the 20-foot rear setback (along the west property line) with a setback of 8.6 feet and a maximum height of 22 feet, and 3) in the 25-foot front setback adjacent to Nevada Avenue with a setback of 15 feet and a maximum height of 10 feet. The variances are justified due to the property s topographical changes and relatively narrow configuration for the buildable area. Staff concurs with the applicant s justification included in FIGURE 3. The height and length of the retaining walls are minimized with the walk-out building design, which steps the buildings down the site and allows grade to be taken up across the width of the buildings. Access/Circulation Vehicular access from Nevada Avenue is proposed at two locations: 1) an existing signalized driveway shared with the church and 2) a right-in/right-out only driveway near the middle of the site. The curb, gutter and six-foot, detached sidewalk along Nevada Avenue will be constructed with the project. An extensive sidewalk system provides connections within the project, to the public sidewalk along Nevada Avenue, along the edge of the open space parcel and two connections to the open space parcel. Streamside Overlay/Monument Creek The portion of the site with Streamside Overlay zoning is completely contained within the area to be dedicated to the City. The primary purpose of the dedicated parcel is to accommodate stormwater drainage. The land is mostly within the 100-year floodplain and includes a stretch of Monument Creek. This land will also provide passive open space opportunities for the adjacent apartment residents. The area includes many mature Cottonwood trees and is likely to remain in its current condition, as the Parks Department has indicated no ability to maintain the tract.

Page 37 Summary The project satisfies the review criteria for the modification to the zoning, the granting of the nonuse variances and the approval of the development plan subject to the revisions to the plan listed below. 2. Conformance with the City Comprehensive Plan: The 2020 Land Use Plan in the Comprehensive Plan indicates the area along Nevada Avenue is within a Mature/Redevelopment Corridor while the floodplain along Monument Creek is designated as Candidate Open Space. The intent of the Mature/Redevelopment Corridor is to transform from exclusively auto-oriented places to more mixed-use centers through infill and redevelopment. Residential uses are encouraged in the mix of uses. The dedication of the 9.3 acres to the City satisfies the Candidate Open Space designation. The Pikes Peak Greenway Master Plan for this stretch states Encourage medium to high density residential development on the east side of the creek with adequate protection of the creek environment. The dedication of the land to the City and the proposed multi-family project fulfills the intent of the Comprehensive Plan and the Pikes Peak Greenway Master Plan. The existing Condition of Record requiring compliance with Pikes Peak Greenway Master Plan is also satisfied. 3. Conformance with the Area s Master Plan: The site is within the North Nevada Avenue Urban Renewal Plan adopted by City Council in 2004. While the concept plan within the Urban Renewal Plan does not recommend a specific land use for the site, the text indicates the area west of Nevada Avenue and north of Garden of the Gods Road will be promoted for a mix of office and commercial uses, retail, entertainment, lodging, parking facilities, and high-density residential complexes (Page 16). The project is consistent with this purpose. STAFF RECOMMENDATIONS: Item No: C.1 CPC ZC 12-00035 Deletion of Conditions of Record Approve the deletion of the Conditions of Record for 20.3 acres from OC/CR/SS to OC/SS, based on the finding the request complies with the review criteria in City Code Section 7.5.603.B. Item No: C.2 CPC NV 12-00036 Nonuse Variance Approve the nonuse variances to Section 7.3.204 of the City Code to allow the following retaining walls: 1) in the 25-foot front setback adjacent to Interstate 25 with a setback of 18 feet and a maximum height of 11 feet, 2) in the 20-foot rear setback with a setback of 8.6 feet and a maximum height of 22 feet, and 3) in the 25-foot front setback adjacent to Nevada Avenue with a setback of 15 feet and a maximum height of 10 feet. The recommendation for approval is based on the finding the request complies with the review criteria in City Code Section 7.5.802.B.

Page 38 Item No: C.3 AR DP 12-00039 Development Plan Approve the development plan for the Overlook at Pulpit Rock, based on the finding the plan complies with the review criteria in City Code Section 7.5.502.E, subject to compliance with the following technical and/or informational modifications to the development plan: Technical and/or Informational Modifications to the Development Plan: 1. Note the City file number of AR DP 12-00039 in the lower right corner of all sheets. 2. Note the property is within the North Nevada Avenue Urban Renewal Plan, City File No. CPC MP 04-00280. 3. Note the existing zoning as OC/CR/SS as established with Ordinance No. 94-214. Note the conditions of record established with Ordinance No. 94-214. Note the proposed zoning as OC/SS. 4. Note that a revocable permit shall be approved by the City prior to the issuance of a building permit. The revocable permit is for the circuitous, north driveway onto Nevada Avenue and the retaining walls located in the right-of-way of Nevada Avenue. Delete possible encroachment agreement required. 5. Note that nonuse variances are requested to allow retaining walls which exceed six feet in height within the required front and rear setbacks. Identify the locations of the variance requests and note the distance from the retaining walls to the adjacent property line. Note the file number of the variance application as CPC NV 12-00036. 6. As required by Engineering Development Review (comment 1) note at the conclusion of the legal description on sheet 1 the proposed legal description: Lot 2, The Overlook at Pulpit Rock Filing No. 1. 7. Delete the note All North Nevada Avenue public street improvements constructed by the Overlook at Pulpit Rock subject to Urban Renewal Authority (URA) reimbursement. URA staff has indicated no agreement is in place for reimbursement. 8. As required by Engineering Development Review (comment 8) revise the floodplain statement on sheet 2 regarding the finish floor elevations. 9. As required by Engineering Development Review (comment 9) revise the geologic hazard statement on sheet 2. 10. In the geologic hazard statement on sheet 2 include the City file number of AR DP 12-00039 and correct the agency name and address to: City of Colorado Springs Planning and Development Department, 30 South Nevada Avenue, Suite 105, Colorado Springs, CO. 11. Note the front setback along the northerly property line as 25 feet instead of 20 feet. The property line is considered a front yard because of the adjacent right-of-way of Interstate 25. Revise the landscape plan accordingly. 12. Three existing easements conflict with structures shown on the development plan: 1) right of way easement, Book 1616, Page 170, 2) right of way easement, Book 401, Page 513, and 3) right of way telephone easement Book 375, Page 493. The easements are shown on sheet 10. Note on sheet 10 that these easements shall be vacated prior to recording the final plat. 13. Provide a barrier (e.g. gate or posts and cable) to discourage public access on the gravel, fire access driveway that serves Fellowship Bible Church. If the barrier includes a gate or posts and cable, then note a Knox lock shall be provided. Note the barrier shall be installed prior to the issuance of a Certificate of Occupancy. 14. Note the pavement material for the driveways and parking spaces. 15. Note the curb type to be used at the perimeter of the driveways, parking spaces and landscape islands. 16. As required by Information Technology provide an interior private street name. 17. Show the detached sidewalk along Nevada Avenue as six feet in width instead of five feet.

Page 39 18. As required by Mountain Metropolitan Transit show a concrete bus stop pad between the curb and sidewalk north of the signalized intersection on Nevada Avenue. 19. As required by Engineering Development Review (comment 2) indicate the pedestrian ramp on the south side of the south driveway onto Nevada Avenue will be constructed with this project. Show the ramp connected to the existing pedestrian ramp at the corner. Delete future ped ramp. 20. As required by Engineering Development Review Traffic (comment 1) note a striping and signage plan shall be approved by Traffic Engineering. 21. As required by Engineering Development Review Traffic (comment 2) show a right turn only sign for the right in/right out driveway onto Nevada Avenue. Note the sign shall meet MUTCD and Traffic Engineering standards. 22. As required by Fire Prevention provide adequate fire access for the buildings. 23. As required by Fire Prevention provide the required minimum width for the fire lanes on both sides of the median located southwest of building 8. 24. As required by Fire Prevention revise the driveway located southwest of building 8. 25. Provide a typical detail of the retaining walls indicating proposed materials. 26. Delete the six-foot trail shown within Tract A. Show the trail at both the north and south ending at the edge of the grading that extends for a short distance into Tract A. Parks and Recreation has indicated they will not maintain the trail or the tract; therefore to avoid future confusion regarding trail maintenance; the trail within the tract shall be deleted. Access to the tract and the existing, informal trails within the tract is appropriate and will provide safe and easy access to Tract A for residents of the apartment project. 27. In cross-section A-A on sheet 9 show the sidewalk which parallels the driveway that extends from Nevada Avenue into the site. Note the width of the sidewalk as 6 feet. 28. Note the width of all sidewalks that are adjacent to parking spaces as six feet. 29. Show the location of the bicycle racks on a paved surface near the building entries (one per building plus one for the clubhouse, a total of nine racks). Provide a typical detail of the rack. 30. Note that no more than two low profile (not exceeding six feet in height) signs are permitted. Show the location of the low profile signs. Show the signs with a minimum setback of three feet from the property line. Note the removal of the existing Fellowship Church sign (if this sign is to be relocated to the church s property then the sign must be shown on the Fellowship Bible Church s development plan File CPC DP 94-326-A2MN12). Delete the note indicating a monument sign located within the Nevada Avenue right-of-way. 31. As required by Colorado Springs Utilities address Action Items 1 through 8. 32. As required for the Streamside Overlay review address items 1, 2, 3 and 5. 33. As required by the City Landscape Architect address items 1, 3 and 4. 34. On sheet 11 indicate in the lighting notes the light fixture as full cut-off. Note the type of light (e.g. metal halide) and the wattage of the fixture. 35. On the elevation drawings note the height of the buildings at the ridge of the roof. 36. Identify the exterior colors of the buildings (e.g. light tan). 37. Note exterior lights attached to the buildings shall be residential in character. Provide a typical detail of the light fixture(s).

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