NEW BUSINESS CITY PLANNING COMMISSION AGENDA ITEM NO: 4 STAFF: STEVE TUCK FILE NO: CPC UV QUASI-JUDICIAL

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Page 47 NEW BUSINESS CITY PLANNING COMMISSION AGENDA ITEM NO: 4 STAFF: STEVE TUCK FILE NO: CPC UV 08-00154 QUASI-JUDICIAL PROJECT: APPLICANT: OWNER: GENERAL OR MEDICAL OFFICE AT 1730 NORTH CORONA STREET N.E.S. INC. SAM RUBINSON SITE

Page 48 PROJECT SUMMARY: 1. Project Description: The use variance application proposes a general office or medical office for the existing 2,220 square-foot commercial building at 1730 North Corona Street (FIGURE 1). A specific office or medical use or user is not proposed. 2. Applicant s Project Statement: FIGURE 2 3. City Planning Department s Recommendation: Approve the use variance for a general office or medical office subject to the revisions to the development plan. BACKGROUND: 1. Site Address: 1730 North Corona Street, Patty Jewett neighborhood 2. Existing Zoning/Land Use: R-1 6000/medical office was the last use. The medical office was recently discontinued and the building is presently vacant. 3. Surrounding Zoning/Land Use: North: R-1 6000/single family residence South: R-1 6000/single family residence East: R-1 6000/single family residence West: R-1 6000/single family residence 4. Comprehensive Plan/Designated 2020 Land Use: General Residential: LUM 202c indicates the General Residential designation includes supporting commercial uses. 5. Annexation 1872, Town of Colorado Springs 6. Master Plan/Designated Master Plan Land Use: Not applicable 7. Subdivision: 1898, Corona Addition 8. Zoning Enforcement Action: None 9. Physical Characteristics: The 5,000 square-foot property is developed with a 2,200 square-foot commercial structure. STAKEHOLDER PROCESS AND INVOLVEMENT: A previous use variance application for a veterinary clinic, medical office or general office was considered by the Planning Commission at their July 17, 2008 meeting. Staff recommended approval of the application. Two neighborhood meetings were conducted prior to the Commission meeting. Opposition by neighbors to the application was presented at the Planning Commission meeting. The Planning Commission approved the use variance for a veterinary clinic only for the applicants. The decision of the Planning Commission was appealed by both the property owner and the neighbors. The applicants withdrew the application and the appeals were not heard by the City Council. This revised use variance application for general office or medical office (no veterinary clinic) was submitted on September 29, 2008. A 500-foot buffer was used and notification was mailed to 95 property owners on two occasions. One neighborhood meeting was held on October 15, 2008 with an attendance of approximately 16 persons. The general office use was acceptable to those present; however opposition was expressed from some of the neighbors for a medical office. At the meeting and in subsequent correspondence to staff the medical use was opposed due to the potential for an increase in activity over a general office. One of the emails received is included as FIGURE 3. It is representative of the concerns expressed in the other correspondence. Concerns include too much traffic and insufficient or inappropriate parking fpr a medical office. ANALYSIS OF REVIEW CRITERIA/MAJOR ISSUES/COMPREHENSIVE PLAN CONFORMANCE: 1. Review Criteria/Design & Development Issues: The existing medical office building at 1730 North Corona Street (southwest corner of Corona Street and Espanola Street) was constructed in 1925 as a neighborhood market and was operated as such for the next 41 years. The photograph in FIGURE 4 shows the building as it appeared in 1949. Since 1969 the building has been used for a variety of commercial and office uses including a home repair business, offices for a pharmacy, hospital and surgical equipment sales, photography/printing studio, and for the last 14 years, a doctor s office. Based on the Polk Directories the building may have been used residentially in the early 70 s for three or four years, as an individual is listed as the occupant. Since 1975 only commercial or office uses have occupied the site. The City considered past uses of the property as legal nonconforming because of the residential zoning on the property.

Page 49 The property has been zoned R-1 6000 since at least 1976. The 1925 zone map of the City shows the site in the A zone, which permitted one and two family dwellings, schools, farms and truck farms. The 1925 map also indicates a line of the Colorado Springs and Interurban Railway in Corona Street, just beyond the front door of the market. The use variance granted in 1994 was necessary because a medical office is a more intense use than the prior use of a photography/printing studio. The nonconforming requirements indicate a use may only change to a use of the same or less intensity. The use variance granted by the City Council in 1994 was for a medical office exclusively for Dr. Samuel Rubinson. Additionally a nonuse variance for 0 parking spaces where 11 are required for medical use was also approved. Dr. Rubinson recently closed the medical office and has offered the property for sale. The only permitted uses under the current requirements are the medical office for Dr. Rubinson or a single-family residence per the R-1 6000 zone. As indicated above there is neighborhood opposition to the proposed medical office use because of potential traffic and parking impacts. Traffic The increase in traffic on Corona Street and Espanola Street due to a medical office was evaluated. Listed below are the results of 2-way, 24 hour traffic counts taken on Tuesday, June 3, 2008 near or adjacent to the site: Espanola Street west of Corona Street 1,323 vehicle trips/day (vt/d) Espanola Street east of Corona Street 1,258 vt/d Corona Street north of Espanola Street 481 vt/d Corona Street south of Espanola Street 825 vt/d Both Espanola Street and Corona Street have a pavement width of 58 feet. Pavement width is measured from the face of the curb to the opposite face of the curb. Espanola Street extends from Wood Avenue to Prospect Street (terminating at the Patty Jewett golf course) for a distance of approximately 0.9 mile. Corona Street extends from Monroe Street (adjacent to Bon Park) south to Willamette Street for a distance of approximately 1.6 mile. The characteristics of a Minor Collector Street as indicated in the City s Intermodal Transportation Plan are listed below: Trip length: 1 mile Posted speed: 25-30 mph Pavement width: 36 feet. Number of lanes: 2-3 Average daily trips: 1,500-3,500 vt/d Both Espanola Street and Corona Street function as, and meet the criteria for a minor collector street; however both streets experience less traffic than what could be accommodated. In the Seventh Edition of the Institute of Traffic Engineers study of parking demand a medical office is estimated to generate 36.13 vehicle trips per 1,000 square feet. The building at 1730 North Corona Street is 2,200 square feet, thus a potential for approximately 80 trips per day. These trips will be dispersed in 4 different directions: north and south on Corona Street and east and west on Espanola Street, so that no one street experiences the total number of pass-by trips. Assuming the trips are distributed evenly among the streets, the increase to traffic ranges from 1.5% on Espanola Street west of the intersection, to 4.2% on Corona Street north of Espanola Street. These added trips not only represent a negligible increase to the existing amount of traffic on the street, but also result in both streets remaining below the minimum number of trips which could be expected or accommodated on these minor collector streets. Parking A total of 11 parking spaces exist between the two spaces on the property (which require backing into Corona Street) and the nine diagonal spaces adjacent to 1730 North Corona Street and within the rightsof-way of Espanola Street (three spaces) and Corona Street (six spaces). While the 11 spaces should provide ample parking for the majority of the time, an additional 15 on-street parking spaces are located on Espanola Street and Corona Street within approximately 150 feet of the office entry, but in front of

Page 50 single-family homes. Staff estimates the on-street parking spaces in front of the homes are vacant over 90% of the time during the typical work day. Since these are public spaces, they are available to the office users. Their occasional use should not significantly diminish the neighbors ability for their visitors and themselves to park on the street in front of or near their home. Medical office uses require 1 parking space per 200 square feet of gross floor area. 1730 North Corona Street has 2,200 square feet of gross floor area, thus requiring 11 parking spaces. A nonuse variance was approved in 1994 for the medical office with the parking as shown on the development plan. This variance will remain in effect if the proposed use variance is approved. Summary The physical aspects of the site are addressed with the development plan and the recommended revisions, which include limitations to signage and exterior lighting. The property maintains a unique position within the residential neighborhood due to its use of either office or commercial for over 80 years. The proposed medical or general office use can be accommodated without negatively impacting either the adjacent streets or the on-street parking. The application satisfies the review criteria for the approval of a use variance. 2. Conformance with the City Comprehensive Plan: Policy N301 of the Comprehensive Plan states: Develop an appropriate mix of land uses and differing housing types in both new and existing neighborhoods. This project is consistent with this policy by allowing an appropriately sized, medical or general office use to continue within an existing neighborhood with minimal impacts. STAFF RECOMMENDATION: Item No: 4 CPC UV 08-00154 Use Variance Approve the use variance for a medical office or general office at 1730 North Corona Street, based on the finding that the request complies with the review criteria in City Code Section 7.5.803(B), subject to compliance with the following technical and informational modifications: Technical and Informational Modifications to the Development Plan: 1. Note the City file number of CPC UV 08-00154 in the lower right corner. 2. Revise the proposed use note to indicate no telemarketing or medical laboratories are permitted. 3. Revise the note to indicate the nine (instead of eight) adjacent diagonal parking spaces within the rights-of-way shall be maintained by the owner of 1730 North Corona Street and shall include striping and maintenance of the surface. 4. Note the surface material of the area west of the building as concrete. Note the depth of the two parking spaces as a minimum of 20 feet. behind (or to the west) of the sidewalk. 5. Show the location of a solid trash enclosure with a gate. Note the type and height of the fence. 6. Note the maximum signage permitted is one wall sign per street frontage with a maximum sign area of six square feet. Note the sign shall not be illuminated. 7. Note that all exterior lights shall have full cut-off fixtures.

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