| | | | | | | | ALAMOSA PLANNING COMMISSION
COMMISSION COMMUNICATION
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| | | | | | | | Subject/Title:
Variance Request for a Reduction of the Parking Requirements at 702 Fourth Street |
| | | | | | | | Background:
The subject property is located at 702 Fourth Street on the corner of Fourth Street and San Juan Avenue, otherwise known as Lots 9-16, Block 38 of the Alamosa Subdivision, Assessor’s Parcel Number 541310223018. The lot is 30,000 square feet in area and is located in the Central Business District (CBD) zone. It is currently improved with a ±20,300 square-foot historic structure that once housed the Alamosa County Courthouse. See the attached location map. The property has remained vacant since it sold in 2018, and is slowly dilapidating. Since it is been unoccupied, it has been plagued by nuisance activities such as vagrancy, trash, weeds, pigeons, and snow accumulation. The applicant intends to revitalize the structure by turning the location into a kind of “healthcare mall” where individuals may receive various medical and behavioral health treatments in one location. The use will also include some administrative offices, as well as other space that is currently unplanned – possibly conference space, and a mixture of business, leased retail, and possibly dining. The property is identified as the number one priority site for redevelopment in the Downtown Design Plan. The completed and sufficient Land Use Application was delivered to the Development Services Department on 6/22/2023. Mailing and posting requirements have been met pursuant to Table 21-8-511.
The applicant is requesting a variance for relief from parking requirements listed in Sec. 21-5-203 of Alamosa’s Unified Development Code (UDC). Based on the proposed breakdown of different uses, the use requires an estimated 17 spaces for Professional or Businesses Offices, approximately 40 spaces for Medical Office or Clinic, and an as-yet-unknown number of parking spaces for the remaining space – approximately 8,000 square feet. See the site plan, attached. However, the site only has 17 on-site parking spaces. See the owner’s full request narrative and subsequent correspondence, attached. |
| | | | | | | | Analysis and Impact:
Per Sec. 21-8-702(b), variances may be granted by the Zoning Board of Adjustments when:
(1) The strict application of this UDC would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property;
(2) The relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this UDC;
(3) There are unique physical circumstances or conditions such as exceptional irregularity, narrowness, or shallowness of a specific piece of property at the time of the enactment of this UDC, or by reason of exceptional topographic or other physical conditions, or other extraordinary and exceptional situation or condition peculiar to the affected property;
(4) That the unusual circumstances or conditions do not exist throughout the neighborhood or zone in which the subject property is located;
(5) That because of such physical circumstances or conditions, the subject property cannot reasonably be developed in conformity with the provisions of this UDC;
(6) That such unnecessary hardship has not been created by the applicant;
(7) That the variance, if granted, will not alter the essential character of the neighborhood or zone in which the property is located, nor substantially or permanently impair the appropriate use or development of adjoining property;
(8) That the variance, if granted, is a minimum variance that will afford relief and is the least modification possible of the provisions which are in question
In evaluating this request to the standards referenced above, staff finds that the meets the standards for which Planning Commission may grant a variance. In reference to the applicant’s request, as they pertain to the standards of Sec. 21-8-702(b), staff finds that:
(1) The UDC creates a substantial hardship upon the owner of the property. The property was never developed with parking anywhere near the amount that would be required for any use under today’s land use code. Under the previous development code that was repealed in 2017, properties in the CBD area did not have any requirements.
(2) The relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this UDC. The CBD and adjacent areas mostly function without use-dedicated parking. A synergy of parking demands have shaped the uses downtown, which mostly uses public parking lots and on-street parking. Fourth Street has relatively fewer parking demands and more under-utilized public parking lots. There may be some competition for spaces when funerals or services are in session at Sacred Heart Catholic Church, but this is likely to be infrequent.
(3) When the structure was built in 1937, Alamosa had no parking codes; indeed, land use codes were in their infancy across the United States. The development trend at the time was to utilize as much of the lot as possible for buildings. Now, parking takes up the majority of commercial real estate. This has created a situation where no additional parking can be reasonably installed.
(4) Most uses within the CBD have been long-established, and the functional parking demands have changed little over time. Since this property has been vacant for over 5 years, the UDC treats it as a new development with respect to parking demands, which is fairly unique within the CBD.
(5) Without a variance, there is no feasible way to reestablish any uses at the subject property as the parking requirements will always present a hardship. Without a variance, this property will continue to languish.
(6) The hardship has not been created by the applicant.
(7) The variance, if granted, would help to preserve this landmark property by encouraging adaptive reuse. Additionally, more employees and patients in the Central Business District are anticipated to help spur economic development and prosperity by creating a critical mass of customers within a walkable distance to many other commercial amenities.
(8) The variance being requested is the minimum feasible to facilitate the reuse of the property. The request is supplemented by the applicant’s evidence as provided.
The reality is that uses with consistent parking demand need to have some on-site parking. On a functional level, clients and employees need places to park, and this parking should not adversely impact adjacent uses as much as is reasonable. The applicant has presented evidence that describes the ways in which these adverse impacts may be minimized as much as is feasible in a situation such as this. The applicant has many properties in Alamosa, which will serve as remote parking opportunities. By using the applicant’s requested parking ratio of 1 space per 300 square feet for Medical Offices, the applicant has an overall surplus of approximately 86 spaces. See overall parking counts, attached. These spaces are most ideally used by employees. Additionally, the applicant is committing to encourage biking to work. For clients and customers, there are other mitigating factors; some may be using the services such as Medride, SLV Transportation, and the applicant’s own operated free transportation services. The 17 spaces on-site will be reserved for customer use. There are also many public parking areas in the vicinity, some of which are underutilized. On the other hand, we also have seen conflicts with high-parking-demand uses downtown, where multiple businesses become impacted, such as with Friday Health Plans, which creates a difficult situation for code enforcement, which needs to be acknowledged.
This fact must also be weighed and balanced with the preservation of the historic building. The applicants have already successfully undertaken a similar challenge in Cañon City, where they purchased and remodeled a bank on Main Street in the historic district. The building, constructed in 1902, was revitalized and restored to capture much of the historic charm of the original structure. The 16, 600 square foot building was remodeled to house primary care, dental, behavioral health, and support staff.
Further, bringing people to downtown Alamosa consistently is incredibly important to the economic success and vitality of Alamosa. When the Alamosa County offices relocated in 2015, followed by the court in 2018, the impacts on downtown businesses were noticeable. Likewise, with the recent shuttering of Friday Health Plans, there has been a drop in activity and revenue in area businesses. Providing a year-round, consistent target market is crucial to the stability of Alamosa’s core. These large anchor businesses provide a critical mass of employees and patrons, which in turn spurs economic activity. A secondary psychological effect also occurs; when businesses, sidewalks, and communities are bustling, it attracts more people – including tourists and passers-by.
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| | | | | | | | Recommended Action:
Staff recommends that Planning Commission, acting as the Zoning Board of Adjustments, approve the variance request because the request meets the provisions set forth in Sec. 21-8-702(b). The request will facilitate the renovation and adaptive reuse of an iconic and historic structure in Alamosa’s downtown. The applicant has made reasonable attempts to reduce the request for parking waivers by demonstrating alternatives. Further, the applicant has a proven track record of rehabilitating historic properties; one such example is in Cañon City, where they remodeled and repurposed a long-vacant historic building. These structures require great care and expense to bring them to modern building and life safety codes, for which the applicant is well-prepared. Staff also acknowledges that there may be an increased need for code enforcement of 2-hour parking limits downtown if this request is approved.
Sample findings and motion. Motions are provided for suggestion and as a template only, and are not required to be followed: I find that the request for relief from the parking requirements at 702 Fourth Street meets the requirements for which a variance may be granted. Granting the variance is necessary for the use of the property, and the public benefits anticipated with the redevelopment of this property outweigh the potential for increased parking enforcement. For these reasons, I move to approve the request as presented.
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| | | | | | | | Alternatives:
The following is a non-exclusive list of actions that Planning Commission may take.
(Recommended action) Planning Commission, acting as the Zoning Board of Adjustments, may choose to approve the variance request for relief from Sec. 21-5-203. Planning Commission may also alter any such approval. By way of example, they can set a maximum parking relief cap, or require the applicant to obtain additional parking within a certain distance.
Planning Commission may approve the request, and may further attach with said approval any reasonable conditions. One such condition would be to require the applicant to install certain signage in association with the on-site parking or require the applicant to install a certain number of bicycle racks.
Planning Commission may deny the request. If Planning Commission decides to deny the variance, it must provide findings of fact outlining how the request does not meet the standards of Sec. 21-8-702(b). |
| | | | | | | | Relevant Code:
Sec. 21-5-203. - Parking Tables
(d) Generally. Parking requirements for individual land uses shall be as set out in this Section.
(c) Civic, Education, and Health Care Parking Standards. The civic, education, and health care parking standards are set out in Table 21-5-203C, Civic, Education, and Health Care Parking Standards.
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Table 21-5-203C
Civic, Education, and Health Care Parking Standards
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Land Use
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Parking Standard
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Health Care
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Hospital or Emergency Room
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Greater of: (i) 3 sp. / 2 beds; or (ii) 2 sp. / exam or treatment room
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Medical Office or Clinic
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1 sp. / 150 sf.
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TABLE NOTE: ¹See Chapter 16, Article IV for cemetery design requirements.
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(d) General Commercial and Motor Vehicle Parking Standards. The general commercial and motor vehicle parking standards are set out in Table 21-5-203D, General Commercial and Motor Vehicle Parking Standards.
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Table 21-5-203D
General Commercial and Motor Vehicle Parking Standards
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Land Use
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Parking Standard
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General Commercial
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Professional or Business Offices
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3 sp. / 1,000 sf.
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Sec. 21-8-702. - Variances
(b) Other Variances. The Board of Adjustment may grant or deny variances from the provisions of this UDC when:
(1) The strict application of this UDC would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property;
(2) The relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this UDC;
(3) There are unique physical circumstances or conditions such as exceptional irregularity, narrowness, or shallowness of a specific piece of property at the time of the enactment of this UDC, or by reason of exceptional topographic or other physical conditions, or other extraordinary and exceptional situation or condition peculiar to the affected property;
(4) That the unusual circumstances or conditions do not exist throughout the neighborhood or zone in which the subject property is located;
(5) That because of such physical circumstances or conditions, the subject property cannot reasonably be developed in conformity with the provisions of this UDC;
(6) That such unnecessary hardship has not been created by the applicant;
(7) That the variance, if granted, will not alter the essential character of the neighborhood or zone in which the property is located, nor substantially or permanently impair the appropriate use or development of adjoining property;
(8) That the variance, if granted, is a minimum variance that will afford relief and is the least modification possible of the provisions which are in question.
(c) Referral to Planning Commission. The Zoning Board of Adjustment may request a recommendation from the Planning Commission to assist it in determining if the above requirements have been satisfied. Further, the Zoning Board of Adjustment may require that a special variance application form be completed by the appellant to ensure that the appellant fully understands the criteria on which the board must base its findings.
(d) Prohibitions. The Zoning Board of Adjustment may not grant variances from the provisions of this UDC covering the use or density of land or buildings, or the provisions governing planned unit developments. In granting any variance, the Zoning Board of Adjustment may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this UDC.
Sec. 21-11-203 - Definitions
Medical office or clinic means a facility that provides medical, psychiatric, or surgical service for sick or injured persons, or provides preventative care or monitoring, exclusively on an outpatient basis. Services may include diagnostic services, treatment, training, administration, and related services to outpatients, employees, or visitors, with or without appointment. The phrase also includes immediate care facilities, where urgent (non-emergency) care treatment is the dominant form of care provided at the facility, medical laboratories to the extent necessary to carry out diagnostic services for the medical clinic’s patients, and physical therapy, licensed massage, chiropractic, acupuncture, hypnotherapy, nutrition counseling, homeopathy, Ayurveda, and other comparable services.
Professional or business offices means offices from which professional, business, or financial services are provided. The phrase includes such services as accounting, auditing and bookkeeping; advertising and graphic design; architectural, engineering, and surveying services; attorneys and court reporters; “back-office” operations of banks, mortgage companies, insurance companies, and financial services (“front office” services are classified as “retail sales and services”); call centers; computer programming; corporate headquarters or administrative offices; counseling services (except medical counseling services); consulting services; data processing, data mining, and word processing services; detective agencies; interior design; retail catalog, internet, and telephone order processing (but not warehousing); and virtual office services.
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