Planning & Community Development Department Call for Review of Conditional Use Permit #6084 Proposed ‘Chick-fil-A’ Restaurant 1700 East Colorado Boulevard

Planning & Community Development Department

Call for Review ofConditional Use Permit #6084

Proposed ‘Chick-fil-A’ Restaurant 1700 East Colorado Boulevard

City Council MeetingMay 5, 2014


Call for Review

• Before the City Council is a Call for Review of a decision made by the Board of Zoning Appeals:>Hearing Officer approved Minor Conditional Use

Permit #6084 and associated Private Tree Removal (two trees): December 18, 2013.

>City Council voted to Call for Review by Board of Zoning Appeals: January 13, 2014.

>Board of Zoning Appeals upheld the Hearing Officer Decision and approved both applications: March 19, 2014.

>City Council voted to Call for Review by City Council: March 31, 2014.

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Call for Review

• Call for Review is processed as an appeal.• Effect of Call for Review “vacates” the

previous decision.• Call for Review/Appeal hearing is a de novo

hearing.>City Council can make an entirely different

decision than the previous decisions.

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Project Description

• Project:>Expand existing restaurant building to 4,598 sq. ft.:

Net new: 1,504 sq. ft.

>Reconfigure an existing drive-through lane into two lanes:

>Retain 49 parking spaces: Repave and re-stripe surface parking lot.

>Remove two protected trees: Landscaping plan for the site.

>Retain one non-conforming freestanding pole sign and install four new wall signs. Not a part of the Minor Conditional Use Permit request. Separate entitlement process with staff review.


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Project Description

• Discretionary Applications>Minor Conditional Use Permit: To allow the expansion

of a non-conforming use (Drive-Through Business, Restaurant); and

>Private Tree Removal: To allow the removal of one Chinese Elm and one Southern Magnolia.

>Design Review: Exterior remodel Design & Historic Preservation staff has provided comments

through Preliminary Consultation process.» Next step is Consolidation Design Review.


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Vicinity Map

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Subject Site

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Proposed Site Plan

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Rendering of Proposed Remodel


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East Colorado Specific Plan (2003)

• Goals and Objectives:>Beautify the streetscape.>Retain the eclectic mix of uses and protect the

vitality of small independent businesses.>Expand the list of allowable land uses to include

multi-family and affordable housing.>Improve on- and off-street parking conditions

throughout the Plan area.>Preserve historic resources.>Improve public transit, bicycle and pedestrian

circulation.>Create special subdistricts and focus areas to

help establish sense of place along Boulevard.


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• “College District” sub area (Holliston Ave. to Allen

Ave.):


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• “College District” sub area (Holliston Ave. to Allen

Ave.):>College and neighborhood services that serve

pedestrians: Restaurants, cafés, bookstores, office supplies, banks,

and motels. New restaurants with drive-through service are not

permitted in order to remain focused on pedestrian-oriented uses.

Existing drive-through businesses are non-conforming and must obtain a Minor Conditional Use Permit to expand.

>Limited redevelopment potential: Focus on under-utilized properties.


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• Pedestrian and transit-oriented design principles:>Mixed-use development;>Street level retail commercial uses;>Pedestrian-oriented development;>Shared parking allows patrons to visit several

destinations on one vehicle trip; and>High intensity compact development where

building height and mass would spatially define public streets and places.


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• Non-Conforming Uses:>‘Burger King’ was constructed in 1976.>ECSP adopted in 2003.>Drive-through businesses no longer allowed in College

District; Specific Plan (page II-31): “Since the primary focus is on

pedestrians, new drive-through restaurants will no longer be allowed in this area.”

» ‘Burger King’: legal, non-conforming use. Specific Plan (Land Use Regulations table): “*All non

conforming uses, structures, and signage are subject to the requirements of the Zoning Code, Chapter 17.76.”.

» Section 17.76: Nonconforming Uses and Structures”» Section 17.71 (2005): “Nonconforming Uses, Structures,

and Lots.”


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• Non-Conforming Uses:>Section 17.71.040 (Continuation of

Nonconforming Uses and Structures): “Each and every nonconforming use or structure may

be continued and maintained, provided that there is no addition, alteration, or enlargement to any use or structure, except as allowed by this Chapter, or unless ordered discontinued, modified, or removed as a public nuisance in compliance with Municipal Code Chapter 14.50 (Property Maintenance and Nuisance Abatement).”


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• Non-Conforming Uses:>Section 17.71.080.A.1 (Alteration or

enlargement of a nonconforming use shall require a permit): “A nonconforming use may not be altered or enlarged

unless a Minor Conditional Use Permit is first obtained, in compliance with Section 17.61.050.”

» Section 17.61.050 regulates the processing of Use Permits.

>‘Burger King’/’Chick-fil-A’ drive-through business is a legal, non-conforming use that may be expanded if a Minor Conditional Use Permit is approved.


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Findings

• Minor Conditional Use Permit Findings:1) Proposed use is allowed with a Minor

Conditional Use Permit within the zoning district.

2) Location of proposed use complies with special purposes of the zoning district.

3) Proposed use is in conformance with goals, policies, objectives of General Plan and purpose and intent of any specific plan.

4) Establishment, maintenance or operation of use would not be detrimental to health, safety or general welfare of the neighborhood.


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Findings

• Minor Conditional Use Permit Findings (con’t):5) As conditionally approved, use would not be

detrimental or injurious to property & improvements in the neighborhood.

6) Design, location, operating characteristics & size of use would be compatible with existing & future land uses in the vicinity.


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Findings

• Drive-Through Business Findings:7) Parking & circulation plan will provide

adequate area for safe queuing & maneuvering of vehicles, buffering from adjoining land uses.

8) Drive-through location will not result in adverse impacts on vicinity after giving consideration to a litter clean-up plan, hours of operation and the site plan.


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Findings

• All findings were made by staff, Hearing Officer, and Board of Zoning Appeals.

• In its deliberation, the Board of Zoning Appeals discussed Findings #3 and #6 in depth, but ultimately reaffirmed the decision of the Hearing Officer and made all findings in the affirmative.

• The staff recommended findings are included in the Council Packet.


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Drive-Through Businesses Findings

• Specific findings for Drive-Through Businesses (Section 17.50.090) supported by:>Separation Requirement;

500 or more feet from:» Park and recreation facility; another restaurant with drive-

through service; or public or private school (PCC does not qualify).

>Off-Street Parking and Loading; 49 spaces, 46 spaces required.

>Queuing study;>Litter Clean-up Plan;>Hours of Operation;

Retain M-F: 6:00am-11:00pm / Sa: 6:00a-1:00pm / Su: closed.

>Traffic Study; No significant impacts.


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Tree Removal Request

• Request to remove two protected specimen trees:>Chinese Elm (Ulmus parviflora): 23” DBH

South property line» Damaged block wall between parking lot and adjacent

residence;

>Southern Magnolia (Magnolia grandiflora): 21” DBH In landscape strip between the parking lot and drive-

through lane:» In path of the proposed dual-lane drive-through.

• Findings to allow removal were made:>New landscaping plan for entire site (21 new

trees) complies with Tree Replacement Matrix.


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Recommendation

• Uphold the Board of Zoning Appeals’ decision to approve:a) Zoning Administrator Recommended Specific

Findings (Att. A), with Conditions of Approval (Att. C);

b) Minor Conditional Use Permit #6084: To allow the expansion of an existing non-conforming use (Drive-Through Business, Restaurant); and

c) Private Tree Removal: To allow the removal of one Chinese Elm (Ulmus parviflora) and one Southern Magnolia (Magnolia grandiflora).


Call for Review ofConditional Use Permit #6084

Proposed ‘Chick-fil-A’ Restaurant 1700 East Colorado Boulevard

City Council MeetingMay 5, 2014


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Freestanding Signs

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• Section 17.48.090 of Zoning Code:>One sign, 20 feet tall.>150 s.f. maximum sign area.>5 feet from property lines, 10

feet from driveway.>Support structure cannot have

exposed metal pole(s). Decorative pole cover.

>Not permitted in 25-foot vision triangle on corner lots. May be waived by Director of

Transportation.


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Site Plan

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Definitions

• Nonconforming Use.> “A use of a structure (either conforming or nonconforming) or

land that was legally established and maintained before the adoption of this Zoning Code and which does not conform to current Code provisions governing allowable land uses for the zoning district in which the use is located. This includes uses that do not conform to the land use regulations for the district in which they are located and were established prior to July 1, 1985, under a use of property variance.”

• Nonconforming Structure.> “A structure, or a portion of the structure, that was legally

altered or constructed before the adoption of this Zoning Code and which does not conform to current Code provisions/standards (e.g., area, distance between structures, height, open space, setbacks, etc.) prescribed for the zoning district in which the structure is located.”

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Definitions

• Schools - Public and private.> “Includes elementary, middle, junior high, and high schools

serving kindergarten through 12th-grade students, including denominational and sectarian, boarding schools, and military academies. Preschools and child day-care are included under the definitions of "Child Day-Care Facilities.“

• Colleges - Traditional campus setting.> “Includes community colleges, public or private colleges,

universities, and professional schools granting associate arts degrees, certificates, undergraduate and graduate degrees, and requiring for admission at least a high school diploma or equivalent general academic training. These facilities maintain a traditional campus setting, typically covering many acres of land with extensive landscaped court yards adjoining multi-story buildings that house lecture halls, classrooms, laboratories, and offices for professors and department administrative staff. Other on-campus structures may contain administrative centers, student unions, libraries, and cafeteria facilities.”

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Documents

Planning & Community Development Department Call for Review of Conditional Use Permit #6084 Proposed ‘Chick-fil-A’ Restaurant 1700 East Colorado Boulevard