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4 - Call Up Item: Extension of call-up period for 205 CanyonMEMORANDUM TO: Mayor Will Toor and Members of City Council FROM: Ron Secrist, City Manager Peter Pollock, Planning Director DATE: June 26, 2002 SUBJECT: Extension of call-up period for 205 Canyon On June 6, 2002, the Planning Board held a public hearing to consider a request for Use Review #LUR2002-00024 to amend a previous Use Review (#UR94-21, which allowed offices and an adult education facility) to allow a private secondary school to replace the Rolf Institute, and continuation of the office uses, located at 205 Canyon Boulevard. The Board approved the request subject to conditions. The Board's approval is subject to a 30-day call-up period by City Council. However, the 30-day call-up period cannot be met due to the fact that City Council does not meet again until July 9, 2002. Section 10-13-16(a) of B.R.C. 1981 states: "If the city manager finds in writing within the original calt-up period that the council did not receive notice of a decision ofthe board in time to enable it to call up the decision for review, then the manager may extend the call up period until the council's next regular meeting." The City Manager finds that, within the original call-up period, the City Council did nat receive notice of the Planning Board's decision regazding 205 Canyon in time to consider call-up within 30 days. Therefore the City Manager extends the call-up period for this application until July 10, 2002. ~/~~' 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 June 6, 2002 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: PROJECT NAME: DESCRIPTION: LOCATION: COOR: LEGAL APPLICANT: OWNER: APPLICATION: ZONING: CASE MANAGER: APPROVED WITH CONDITIONS 205 CANYON USE REVIEW: Amendment of UR-94-21, which approved offices and an adult education facility, to change to allow a private, non-profit secondary school and continuation of the existing office uses. 205 CANYON BL N02W08 Lot TRACT NBR 101,102,105 THE WATERSHED SCHOOL R & R Real Estate, LLC Use Revtew, Case #LURZ002.00024 MXR-E (Mixed Density Residential-Established) Don Durso VESTED PROPERTY RIGHT: NO; the owner has waived the opportunity to create such right under Section 9-4-12, B.R.C. 1881. This decision may be called up before the City Council on or before July 10, 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. 1N 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 DEPARTMENT 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 development within three years shall cause this development approval to expire. Address: 205 CANYON BL At its public hearing on June 6, 2002 the Planning Board approved the request, subject to the conditions listed below, with the following motion: On a motion by M. Cowles, seconded by A. O'Hashi, the Planning Board approved (6-0; B. Pommer was absent) Use Review #LUR2002-00024, incorporating the staff memorandum dated June 6, 2002 (preparation date May 22, 2002) and the attached Use Review Criteria Checklist as findings of fact, and the conditions of approval. T. Krueger offered a friendly amendment to add Condition 7 to read "The Applicant shall submit a plan subject to the review and approval of the Planning Director for the ongoing communication between the Applicant and the surrounding neighborhood that provides an opportunity for the surrounding neighbors to address off-site impacts that the use may have on the surrounding area, including, but not limited to, lighting, noise, landscaping, and parking, and how those impacts can be mitigated or prevented." S. Mole offered a friendly amendment to add Condition 8 to read "The Applicant shall submit for the review and approval of the Planning Board for the years of 2007 to 2010 as shown in the Applicant's written statement dated April 15, 2002 to determine whether the Use Review criteria will be met by such expansion" T. Krueger offered a friendly amendment to add the following language to the end of Condition 8 to read "and to determine if the approved Transportation Demand Management is reducing the impacts on the surrounding neighborhood." T. Krueger offered a friendly amendment that the applicant submit a lighting plan. He withdrew the friendly amendment because it was noted that this is part of the Good Neighbor Plan. T. Krueger offered a friendly amendment to add to Condition 7 to include maintenance. M. Cowles and A. O'Hashi accepted the friendly amendments. CONDITIONS OF APPROVAL The Applicant shall be responsible for ensuring that the use shall be in compliance with the Applicant's written statement dated April 15, 2002 on file in the city of Boulder Planning Department. Further, the Applicant shall ensure that the school is operated in compliance with the following restrictions: a. Use the property as a private secondary school; b. The maximum number of students enrolled in the school shall not exceed 78 students; c. Office uses are limited to alternative medical practitioners such as rolfers, massage therapists, and psychologists, or office uses complementary to a private secondary school use, such as youth or family psychologists/counselors, community-based organizations and volunteer agencies. 2. The Applicant shall be responsible for ensuring that the use shall be in compliance with the Applicant's Transportation Demand Management Plan dated May 20, 2002, on file in the city of Boulder Planning Department. 3. All school staff and students shall park in designated on-site parking areas, and shall not park in the surrounding neighborhood. 4. The Applicant shall provide notice to neighboring property owners and tenants of major events through newsletters, including the time and date of meetings and events that occur outside of regular class time. 5. Prior to the opening of the school under this approval, the Applicant shall file a building permit to ensure the structure complies with all building code requirements. 6. The third floor shall be used for storage only, unless, at the time of building permit, it complies with all building code requirements. Address: 205 CANYON BL 7. The Applicant shall submit a plan subject to the review and approval of the Planning Director for the ongoing communication between the Applicant and the surrounding neighborhood that provides an opportunity for the surrounding neighbors to address off-site impacts that the use may have on the surrounding area, including, but not limited to, maintenance, lighting, noise, landscaping, and parking, and how those impacts can be mitigated or prevented. 8. The Applicant shall submit for the review and approval of the Planning Board for the years of 2007 to 2010 as shown in the Applicant's written statement dated April 15, 2002 to determine whether the Use Review criteria will be met by such expansion and to determine if the approved Transportation Demand Management is reducing the impacts on the surrounding neighborhood. Approved By: i /~ ~~ Peter Pollock, Planning Director Address: 205 CANYON 8L MARINE 8T Location: 205 Canyon Blvd Review Type: Use Review 1:3600 Project Name: 205 Canyon ~ nn~ur,~ ~tv a ea,~de~ ols Review Number: LUR2002-00024 di ss"b~r rrulonay. '"""onnfen°'°°'°°""""'°~ ar.~~'d,°.~,>ar...,~..~.... Applicant: The Watershed School «a... e ~ ~, .., ° ~. ~..,. °~'wtn Mem~rbn ~d n an I