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2 - Call Up Item: Notice of Disposition for Site Review LUR2004-00036 for 2961 BroadwayWEEKLY INFORMATION PACKET MEMORANDUM TO: Mayor Ruzzin and Members of City Council FROM: Frank W. Bruno, City Manager Peter Pollock, Planning Director Don Durso, Planner II DATE: November I1, 2004 SUBJECT: Call Up Item: Notice of Disposition for Site Review #LUR2004-00036 for 2961 Broadway. EXECUTIVE SUMMARY: Attached is the Notice of Disposition for Use Review #LUR2004-00036 to allow a professional real estate office to occupy the eastern 837 squaze feet of a mixed use building located at 2961 Broadway. The property is zoned High Density Residential- Established (HZ-E).This item went before the Planning Board on November 4, 2004. It was approved by the Planning Board with a vote of 6-0, A. O'Hashi recused. This decision may be called up before the City Council on or before December 4, 2004. There is one scheduled City Council meeting during the 30-day call-up period: November 16, 2004. Attachment Address: 2961 BROADWAY CITY OF BOULDER ~/~y Planning and Development Services ~ ~ 1739 Broadway, Third Floor • P.O. Box 791, Boulder, CO 80306-0791 ~ phone 303-441-1880 • fax 303-441-3241 • web boulderplandevelop.net CITY OF BOULDER PLANNING BOARD NOTICE OF DISPOSITION You are hereby advised that on November 04, 2004 the following action was taken by the Planning Board based on the standards and criteria of the Land Use Regulations as set forth in Chapter 9-4, B.R.C. 1981, as applied to the proposed development. DECISION: Approved with conditions PROJECT NAME: 2961 BROADWAY USE REVIEW CASE NUMBER LUR2004-00036 DESCRIPTION: Use Review to replace pottery studio with owner occupied real estate office. Residential unit would remain. LOCATION: 2961 BROADWAY COOR: N04W07 • ~EGAL DESCRIPTION: Lot 31, Block 4, Subdivision NEWLANDS City of Boulder, County of Boulder, State of Colorado APPLICANT/OWNER: CATHERINE C CHIPMAN APPLICATION: Use Review ZONING: HZ-E (High Density Residential-Established) CASE MANAGER: Don Durso VESTED PROPERTY RIGHT: NO; the owner has waived the opportunity to create such right under Section 9-4-12, B.R.C. 1981. This decision may be called up before the City Councii on or before December 4, 2004. If no call-up occurs, the decision is deemed final thirty days after the Planning Board's decision. FOR CONDITIONS OF APPROVAL, SEE THE FOLLOWING PAGES OF THIS DISPOSITION. IN ORDER FOR A BUILDING PERMIT APPLICATION TO BE PROCESSED FOR THIS PROJECT, A SIGNED DEVELOPMENT AGREEMENT AND SIGNED MYLAR PLANS MUST BE SUBMITTED TO THE PLANNING DEPARTMENT WITH DISPOSITION CONDITIONS AS APPROVED SHOWN ON THE MYLAR PLANS, IF THE DEVELOPMENT AGREEMENT IS NOT SIGNED WITHIN SIXTY (60) DAYS OF THE FINAL DECISION DATE, THE PLANNING BOARD APPROVAL AUTOMATICALLY EXPIRES. Pursuant to Section 9-4-8 of the Land Use Regulations (Boulder Revised Code, 1981), the applicant must begin and substantially complete the approved development within three years from the date of final approval. Failure to "substantially complete" (as defined in Section 9-4-8) the deveiopment within three years shall cause this development approval to expire. At its public hearing on November 04, 2004 the Planning Board the request with the following motion: On a motion by E. Jones, seconded by A. O'Hashi, the Planning Board approved Use Review # LUR2004-00036, incorporating this staff memorandum and the Use Review Criteria Checklist as findings of fact, with the recommended conditions of approval, with a clarifying change to condition #3 that the professional office is limited to 837 square feet, and a new condition #4 to read: This approval shall be Address: 2961 BROADWAY Z limited to Catherine Chipman. Any change of tenant to the commercial space shall require the prior approval of the planning director to insure compliance with the conditions of this approval. Vote: 7 to 0. CONDITIONS OF APPROVAL 1. The Applicant shall be responsible for ensuring that the use shall be in compliance with the written statement dated March 18, 2004, the ApplicanYs responses to staffs DRC comments, dated June 7, 2004, and the site plans dated October 18, 2004 on file in the City of Boulder Planning Department. 2. The Applicant shall not expand or modify the approved use, except pursuant to Subsection 9-4- 9(9), B.R.C. 1981. 3. This approval is limited to use as shown on the site plans, including a professional office of 837 square feet, a three bedroom residence, with a minimum of two parking spaces provided in a two car garage. 4. This approval shall be limited to Catherine Chipman. Any change of tenant to the commercial space shall require the prior approval of the planning director to insure compiiance with the conditions of this approval Approva By: ~~6Pet Pa ock, Director ~ ~ ~ Planning Department Address: 2961 BROADWAY