June 18, 2018

Public Hearing on Lil Market June 21

Message from City Planner Mike Schultz:

I just wanted to follow up to clarify a few things before Thursday’s public hearing at the City Planning Commission meeting.

I provided the City Planning Commission at the scheduled work session on Thursday, June 14th, email comments (both in support and opposition) that I had received before Tuesday (June 12th) regarding the Land Use applications (see attached, PDF’s #1 and #2) for the Willamette Market.  Earlier today I sent another round of emails to the Commissioners for their consideration in this matter (see attached, PDF’s #3 and #4).  The City Planning Commission will take all comments into consideration, along with all other information presented to them within the Staff report, along with resident applicant comments heard at the public hearing.  The Commissioners will also need to consider the review criteria for each application as well as taking into consideration the City’s Comprehensive Plan and Infill Supplement.  The Commissioners, after considering all information presented to them, will forward a recommendation to City Council, either to approve or deny the applications as presented, or they could modify staff’s recommendations.

Because the zone change, development plan and non-use variance are considered quasi-judicial items, City Planning Commissioners and City Councilmembers cannot be contacted or lobbied by either citizens or the applicant; below is the section of the City Code regarding quasi-judicial applications.

City Code Section 7.5.105.B. Quasi-Judicial: After an application is submitted to the City, the staff reviews the application and accompanying information and prepares a report and recommendation for presentation at a public hearing. The decision is based completely on facts, evidence and testimony presented at the hearing and evaluated using this Zoning Code requirements and criteria. A decision is made at the hearing, or the matter is taken under advisement and a record of decision is released. Decision makers may not be contacted or lobbied.

Staff would like to clarify Staff’s recommendation on the rezoning, Staff is recommending that the rezoning to C-5 (Intermediate Business) carry certain conditions of record that will either restrict many uses or has changed other uses from permitted to conditional uses that Staff believed were inappropriate for this site and the neighborhood.  Staff is also recommending some operational parameters associated with the use of the property, those parameters are listed below and will be noted on the development plan (note that these operational parameters cannot be modified without a formal amendment request and notification to the neighborhood; this will not necessarily trigger a public hearing and decision by either City Planning Commission and/or City Council unless Staff refers the request or the decision is appealed).  The below parameters have been agreed to by the property owner and the current tenants.  Please keep in mind that there are no operational standards in place for the property other than the use of the property is considered legal non-conforming is not allowed to expand, either physically or that of the proposed liquor license (which is on hold until the rezoning is resolved).

  • Hours of Operation:
    • Sunday – Thursday: No earlier than 6 a.m. / no later than 8 p.m.
    • Friday and Saturday: No earlier than 6 a.m. / no later than 10 p.m.

(Note: Closing hours should not imply that customers would not be permitted to finish meal/drink and have vacated the building by that time.  Service to customers should end at or before required closing time; the owner/tenant should make efforts to ensure customers are off the premises within a reasonable amount of time after closing).

  • Outdoor Seating: Outdoor patio seating is limited to the west patio only.  The existing picnic tables located within the boulevard/tree lawn may remain.
  • Music: No amplified music, including speakers, may be used on the patio.
  • Smoking: No smoking allowed on the patio.
  • Signage: Illuminated signage is limited to backlit or internally lit signage.  Any exposed neon or excessively bright signage is prohibited anywhere on the building or displayed within a window.
  • Employee Parking: Employees should be encouraged to either use alternative transportation (i.e. walking, biking, motorcycle, moped, mass transit, etc.) or encouraged to park west along Willamette Ave.  (Note: Staff and the owner understand that the enforceability of this provision may be difficult; owner and tenant(s) should work with their staff and the neighborhood regarding on-street parking).
  • Amendments: Amendments to these provisions may be administratively reviewed and amended at any time, however, notification to property owners within 1,000-feet of the property and to the neighborhood organization must be given to allow citizen comment.

To view the entire Staff report you can visit the City Planning Commission website by clicking on either link below:


Scroll down and click on “City of Colorado Springs Planning Commission” link about halfway down the page.



Click on the June 21st agenda link, find the Willamette Market agenda items and click on the staff report or the figures provided to the Commissioners.

The Planning Commission meeting begins at 8:30 a.m. in the City Council Chambers (3rd floor) of City Hall, 107 N. Nevada Avenue.  Public comments are generally limited to 3 minutes per person unless there is designated speaker on behalf of a group of residents.

If you have any questions please feel free to contact me.

Thank you,


Mike Schultz

Principal Planner

Phone (719) 385-5089

Email mdschultz@springsgov.com


Land Use Review

Planning & Community Development

30 S. Nevada Ave, Suite #105

Colorado Springs, CO 80901

Office Main: (719)385-5905