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4 - Call Up Item, Use Review #LUR2001-00057, Holiday Drive In Theater Redevelopment for the use of tMEMORANDUM TO: Mayor Toor and Members of City Council FROM: Ron Secrist, City Manager Peter Pollock, Planning Director Mike Randall, Planner DATE: December 13, 2001 SUBJECT: Call Up Item: Use Review #LUR2001-00057, Holiday Drive In Theater Redevelopment for the use of the Naropa University. Attached is the Notice of Disposition for the Use Review #LUR2001-00057, Holiday Drive In Theater Redevelopment for the use of the Naropa University. This item went before the Planning Board on December 6, 2001. It was approved by the Planning Board with a vote of 6-0. This decision may be called up before the City Council on or before January 5, 2002. There is one scheduled City Council meeting during the 30-day call-up period: December 18, 2001. ~~~~~ '~ ~ CITY OF BOULDER 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 December 6, 2001 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 subject to the conditions listed below PROJECT NAME: HOLIDAY DRIVE IN THEATRE DESCRIPTION: USE REVIEW: Request to allow for art and craft space not exceeding 2,000 square feet, professional and technical offices for Blocks 7,8,10,11, and 19 of the Holiday Drive in Theatre Redevelopment for the use of the Naropa University. LOCATION: 4650 N BROADWAY LEGAL DESCRIPTION: See attached Exhibit A COOR: N09W06 OWNER: BOULDER HOUSING PARTNERS APPLICATION: Use Review, Case # LUR2001-00057 ZONING: MU-D (Mixed Use-Developing) MXR-D (Mixed Density Residential-Developing) CASE MANAGER: Mike Randall VESTED PROPERTY RIGHT: YES; this approval will create a vested property right to commence and complete, within three years from the date of final approval, the following items: This decision may be called up before the City Council on or before January 5, 2002. 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. Address: 4650 N BROADWAY 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 development within three years shall cause this development approval to expire. At its public hearing on December 6, 2001 the Planning Board approved, subject to the conditions listed below, the request with the following motion: On a motion by A. O'Hashi, seconded by A. Gunter, the Planning Board approved Use Review #LUR2001-00057 in accordance with the Recommended Conditions of Approval indicated in Attachment A and adopted the staff memorandum dated December 6, 2001 (preparation date November 23, 2001) as findings of fact (6-0), including the addition of Condition 4 to read "The Applicant shall use, occupy, or otherwise operate the areas noted as "flex space" on the approved plans entitled "Naropa Housing at the Drive in," dated October 15, 2001, in a manner consistent with the applicant's written statement dated November 9, 2001. The written statements and plans referred to in this condition are attached to the staff memorandum dated November 23, 2001, in preparation for the December 6, 2001, Planning Board meeting as Attachment C and on file with the city of Boulder Planning Department;" and, further, the addition of Condition 5 to read "Prior to the issuance of a certificate of occupancy on any of the flex space, the Applicant shall develop and implement an ongoing marketing program subject to the review and approval of the Planning Director, this is designed to prioritize the marketing of the flex space in a manner that may result in a mix of uses and users that include: persons affiliated with Naropa University; residents of the neighborhood that is bounded on the south by Yarmouth Avenue, on the north by Lee Hill Drive, on the east by Highway U.S. 36, and on the west by Broadway; arts and crafts studio uses; and technical and professional office uses." T. Nielsen offered a friendly amendment to delete Condition 5. A. Gunter did not accept the friendly amendment. He said that Naropa does not have a professional leasing organization; by requiring the applicant fo develop a marketing plan to accomplish what has been represented in the written statement, the applicant is much more likely to be able to carry it out. B. Pommer offered a friendly amendment to make a substitute Condition 5 to read "Prior to the issuance of a final certificate of occupancy for any of the flex space, the Applicant shall develop and implement a marketing program, subject to the review and approval of the Planning Director, that is designed to prioritize the marketing of the flex space and encourage a mix of uses that may include persons affiliated with Naropa University; residents of the neighborhood that is bounded on the south by Yarmouth Avenue, on the north by Lee Hill Drive, on the east by Highway U.S. 38, and on the west by Broadway; arts and crafts studio uses; and technical and professional office uses." A. O'Hashi and A. Gunter accepted the friendly amendment. CONDITIONS OF APPROVAL 1. The Applicant shall be responsible for ensuring that the development shall be in compliance with the approved Site Review LUR2001-00030 dated October 11, 2001, and on file in the City of Boulder Planning Department. 2. The Applicant shall not expand or modify the approved use, except pursuant ko Subsection 9-4- 9(g), B.R.C. 1981. 3. Prior to the occupancy of any building, the Applicant shall provide a Parking Management Plan for review and approval of the Planning Department. 4. The applicant shall use, occupy, or otherwise operate the areas noted as "flex space" on the approved plans entitiled "Naropa Housing at the Drive In," dated October 15, 2001, in a manner Address: 4650 N BROADWAY consistent with the applicant's written statement dated November 9, 2001. The written statements and plans referred to in this condition are attached to the staff memorandum dated November 23, 2001, in preparation for the December 6, 2001, Planning Board meeting as Attachment C and on file with the city of Boulder Planning Department. 5. Prior to the issuance of a final certificate of occupancy for any of the flex space, the Applicant shall develop and implement a marketing program, subject to the review and approval of the Planning Director, that is designed to prioritize the marketing of the flex space and encourage a mix of uses that may include persons affiliated with Naropa University; residents of the neighborhood that is bounded on the south by Yarmouth Avenue, on the north by Lee Hill Road, on the east by Highway U.S. 36, and on the west by Broadway; arts and crafts studio uses; and technical and professional office uses. Approved By: ~~~~" TeX-b7i~C__ Peter Pollock, Planning Director Address: 4650 N BROADWAY EXHIBIT A PARCEL A: THE NE 1/4 OF THE SW 1/4 OF THE SW 1/4 AND THE NW 1/4 OF THE SE 1/4 OF THE SW 1/4 AND THE W 1/2 OF THE NE 1/4 OF THE SE 1/4 OF THE SW 1/4, EXCEPTING THEREFROM THE NORTH 30.00 FEET THEREOF, AND EXCEPTING THEREFROM THAT PORTION LYING NORTHEASTERLY OF THE SOUTHWESTERLY LINES OF THAT PORTION CONVEYED TO THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO, BY DEEDS RECORDED JANUARY 16, 1957 IN BOOK 1035 AT PAGE 255 AND MARCH 22, 1957 IN BOOK 1040 AT PAGE 126. THE N 1/2 OF THE SW 1/4 OF THE SW 1/4 OF THE SW" 1/4, EXCEPTING THEREFROM THE WEST 40.00 FEET THEREOF, THE N 1/2 OF THE SE 1/4 OF THE SW 1/4 OF THE SW 1/4, ALL IN SECTION 7, T1N, $70W OF THE 6TH P.M., BOULDER COUNTY, COLORADO. EXCEPT ANY PORTION LYING WITHIN THAT TRACT OF LAND AS CONVEYED TO THE CITY OF BOULDER BY INSTRUMENT RECORDED FEBRUARY 19, 1991 ON FILM 1662 AS RECEPTION N0. 108&237. PARCEL B: ALL THAT PORTION OF THE NW 1/4 OF THE SE 1/4 OF THE SW 1/4 AND THE W 1/2 OF THE NE 1/4 OF THE SE 1/4 OF THE SW 1/4 LYING NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THOSE PORTIONS CONVEYED TO THE DEPARTMENT OF HIGHWAYS,~STATE OF COLORADO, BY DEEDS RECORDED JANUARY 16, 1957, IN BOOK 1035 AT PAGE 255 AND MARCH 22, 1957, IN BOOK 1040 AT PAGE 126, EXCEPTING THEREFROM THE NORTH 30.00 FEET THEREOF, ALL IN SECTION 7, T1N, R70W OF THE 6TH P.M., COUNTY OF BOULDER, STATE OF COLORADO. EXHIBIT B ,1~~- 1~ 1 1~ ATTACHMENT C B A R R E T T STUD 1 0 architect s 1 LO9.01 Mike Randall Planner, Case Manager City of Boulder Planning Department Boulder, Colorado Dear Mc Randall. In response to your request for additional information regarding our Use Review LL'R200 1-0005 7, we submit this letter. Additional information for use review process for 4Gflex space" at Naropa site. These spaces are not for formal University use. They are no[ university classroom spaces. 'they are an amenity for the residents of the Holiday Drive-In neighborhood including residents of the Naropa housing. The uses may include: • Practice or studio space for use by Naropa graduate students and faculty who live ul the Drive-in neighborhood, or for use by other neighborhood residents. • Personal research offices for graduate students and Faculty who Ilve at the Drivo-in neighborhood. • Small private offices for neighborhood residents. • Multi-purpose space That could support exercise classes, craft groups, reading cluhs, etc. • Art or craft studios. Other Information: • The typical size of these spaces 0720 sf. • Number of users per space varies between one and 12 persons at a time. • Hours of use are from 8:00 am to G:00 pm with occasional evening use. If persons using these spaces are coming from outside of the Drive-in neighborhood, it is anticipated [hat most would use public transit and alternative modes of transportation. Sufficient parking, for any proposed use is provided in the submitted site plan for this project. A parking management plan will he submitted to staff prior to a certificate of occupancy. Our reyuested uses include the following Land-Use Regulation listed categories of uses reyuiring use review m this zone district. I) Offices, professional and technical. 2) Art or craft studio space no larger than 2,(N)0 sf in size. (Note; we have removed "adult education facilities and vocational schools", "government facilities" and "broadcasting and recording facilities" from our previous list of requested uses) Architecture Community/Urban Design Interiors tgg4 :oth Street boulder, Colorado 9o7ao p•n• 703~449•rr4s La 303~449.97xo .mall bsa®barrett studlo,com w.b www.harrett studio,com The number of employees, and hours of operation, will be severely limited by hoth the size of the spaces, and their proximity to housing. The intent is to provide small, f]exible multi-use spares suitahle Fnr art and music activities and other activities of benefit to [he community, the neighborhood, the buildings' inhahitunts -with some emphasis on Naropa University students and faculty who live at the Drive-in. Regards. George Watt Architect Associate Barrett SWtlio Architects .~ HOLIDAY DRIVE IN THEATRE REDEVELOPMENT v _. ----- i _. -_____ -______.._____-.___-_ _. ___.~___._.___-_~.___-.-__.- -- `-.-.. _ .-___. ___..__.._ y __. 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