Land Use Attorney Says Car Wash Inconsistent with General Plan

According to a letter addressed to the city Hearing Officer from a local land use attorney, the city cannot grant a conditional use permit (CUP) for a controversial car wash development because the project is inconsistent with the city’s General Plan.

The city Board of Zoning Appeals (BOZA) is scheduled to hear a call for review Thursday on a CUP given to Wild Wash Express car wash.

“The findings required for the CUP cannot be made because the proposed use is inconsistent with the city’s General Plan, inconsistent with the current and proposed draft East Colorado Specific Plan (ECSP), detrimental to the adjacent residential neighborhoods, and incompatible with future land uses. We, therefore, ask you to reverse the HO’s Decision and deny the CUP,” Richard McDonald wrote in correspondence to the BOZA.

Neighbors living near the proposed project at 2030 E. Colorado Blvd. say the Wild Wash Express car wash would impact their quality of life by increasing traffic and pollution. 

More residents continued to write to the city opposing the project.

“This car wash would be absolutely detrimental to the health [due to noise, air, and water pollution] and safety [due to increased traffic and speed] of our residents old and young,” said Anna Parsons-Lamb. 

“Additionally, the car wash would prove injurious to our community as the increased amount and speed of traffic plus the added pollution will reduce property values and make the surrounding blocks less desirable homes to purchase in the future and cause our neighbors to leave in search of safer, healthier locations to live and raise their families,” Parsons-Lamb wrote.

“I urge the Board of Zoning Appeals and City Council to carefully consider the concerns of those that live in this neighborhood. We are telling you that we do not want this car wash in our community!”

The Plan

According to McDonald, the General Plan requires several findings to be made for the approval of a CUP, including:

The proposed use is allowed with a conditional use permit within the applicable zoning district and complies with all applicable provisions of the zoning code; the location complies with the special purposes of the zoning code and the purposes of the applicable zoning district; the proposed use is in conformance with the goals, policies, and objectives of the General Plan; and the purpose and intent of any applicable specific plan,  the establishment, maintenance, or operation of the use would not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use; the use as described and conditionally approved would not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city, the design, location, operating characteristics; and size of the proposed use would be compatible with the existing and future land uses in the vicinity, in terms of aesthetic values, character, scale, and view protection. 

“In this case, these findings cannot be made for the proposed drive-thru car wash because of the inconsistencies between it and the city’s General Plan, current ECSP, proposed draft ECSP, its detrimental impact on the adjacent residential neighborhood, and the incompatibility of its design, location and operating characteristics with future land uses,” McDonald wrote.

Car Trips

According to the city’s estimates, the project is not expected to generate more than 300 daily trips, and a project that generates less than 300 daily trips is exempt from providing a traffic study.

But according to McDonald, if the business operated from 7 to 8 p.m. with 30 parking spaces, 300 daily trips would equate to less than one car per parking space being washed every hour. 

According to McDonald the car wash could result in 990 daily trips.

“We don’t want to be the victims of more traffic just to service a retail business,” said Patricia Dyer. “I again strongly out and out reject the proposed car wash and if the city would please consider a more acceptable use for that parcel of land. Abandon approving all permits for the car wash.”  

A Lot of Construction 

As part of the project, four buildings would be demolished, an existing driveway approach on East Colorado Boulevard would be removed, two approaches on San Marino Avenue would be modified, a 3,490 square-foot car wash tunnel along the East Colorado Boulevard frontage would be constructed, two queuing lanes would be built to allow vehicles to make payment at a new 75 square-foot kiosk prior to entering the car wash tunnel, and two vacuum equipment structures of 168 and 212 square feet in the parking lot would be built.

An existing 2,580 square-foot equipment and storage building would be renovated, 32 parking spaces behind the new car wash tunnel with 30 self-serve vacuums and two for employee use would be created, three solar canopies would be constructed over parking spaces in the parking lot, an 8-foot block wall at the rear of the property would be built, and an existing 2,580 square-foot equipment and storage building would also be renovated.

The meeting begins at 5:30 p.m. and can be viewed : https://us02web.zoom.us/j/84670638801