Loading...
5A - Use Review #UR-95-5, Inn at Gunbarrel 6301 Diagonal HighwayCITY OP' BOULllER PLANNING BOARD AG~NDA ITEM MEETING DATE: May 1, 2003 (Agenda Item Preparation Date: April 16, 2003) AGENDA TITLE: Public hearing and consideration of a two year extension to the approval of Use Review #UR-95-5, known as the "Inn at Gunbarrel" located at 6301 Diagonal Highway. A licant/ Owner: St. Julien Partners REQUESTING DEPARTMENT: Planning Department Peter Pollock, Planning Director Bob Cole, Land Use Review Manager Don Durso, Case Manager OV~RVIEW: The Planning Board ts bemg asked to consider a two year extension of the time limit for approval of the approved Use Review to allow a 150 room hotel and conference center for the Inn at Gunbarrel (St. 7ulien Partners Gunbarrel LLC) Staff has granted two six-month extensions, which expired March 26, 2003 The applicant requested a Planning Board level extension on March 17, 2003, prior to the expiration of the last staff extension Due to issues related to provision of services at the edge of the city, CDOT access approval, and the ttme involved m development of a large hotel, the applicant has not been able to comply with the time limiCS to establish tha use review complete the hotel Staff supports the two-year extension until Mazch 26, 2005. PURPOSE: The Plannmg Board is being asked to consider grantmg a two-year extension of a Use Review approval for a hotel located at 6301 Diagonal Highway. STATISTICS: Project Name• Inn at Gunbarrel Use Review, UR98-5 Location: 6301 Diagonal Highway Size of Tract: 4.7 acres Zoning IM-E (Industrial Manufacturmg-Established) Comprehensive Plan• TB (Transitional Busmess) BACKGROUND: The property is part of the IBM PUD approved in 1997. As part of the IBM Vested Rights, PUD and Development Agreement for the IBM site ("IBM Agreement"), a hotel use is allowed on this srte by use review, although it is not normally allowed by the existing IM-D zomng s:\plan\pb-items~memos\pb-items\ddembassyext AGENDA ITEM # 5A PAGE 1 In 1998, the apphcant, St. Juhen Pai~tners Gunbarrel LLC apphed for a use rev~ew far a 150-room hotel of approximately 100,000 square feet On March 12, 1999, the Pianning Department approved a use review for the "Inn at Gunbarrel" use review (attachment B). The call up period expired on March 26, 1999, at which time the use review approval was considered final. The approved site plan mcluded a 99,500 square foot hotel (40' tall) with an accessory 120 seat restaurant and 30 seat lounge. Since the imtial use review was approved, the apphcant has requested and received two staff level six- month extensions, which extended the expirahon date of the approval until March 26, 2003 CHANGE OF HOTEL FRANCHISE. The applicant's irutial concept was for a Hilton Garden Inn, and plans were worked on accordingly from shortiy after approval until the year 2000. Then, the H~lton requested a change to an Embassy Surtes Plans were changed, and a mmor modification was appl~ed for with the city and approved m August 2000 to allow a small change in the placement and layout of the hotel, to accommodate the change in franchise (attachment C, paragraph 1, St. Julien letter dated April 15, 2003). UTILITIES. The IBM Agreement provided that "Prior to obtairung either water or sanitary sewer service from a municipality, district, or other person other than the City, IBM shall consult with the City and, if the City can . provide substantrally the same service, within the same period of time at the same or lesser costs as such other person, IBM shall accept such service from the City." Lefthand Water and Niwot Samtarion ("Lefthand") has utility services near to this site. As a property located withm the city, the applicant could have connected to city ut~lities without any special requirements However, the applicant chose to take the time ta pursue this other ophon because of cost considerahons Throughout 2000 and 2001 the applicant worked with I.efthand to design the utilities The apphcant applied to the city in March 2001 to be allowed to use alternate utilities because of cost savmgs. Staff approved the plan m late March 2001, as the city could not meet the quoted costs from Lefthand (attachment D, letter from Robert E. Williams). After engineermg design work was completed, L.efthand mformed the applicant that capacity was msufficient, and connechons to utilities much further away were necessary, which were also much more expensive (attachment E, enhtled "FAX-MEMO" from Lefthand), This caused the applicant to then redesign a connection plan for city ut~lity services. The applicant applied for their final engmeering and arch~tecmral review wrth the city m June, 2002, after this change to city services. Staff has reviewed the mihal subrmttal of the stormwater, landscapmg, uhlity and archttecture plan, along with revisions that were submitted in December 2002. Cunently, staff is awaiting an applicant response to the latest review comments. The applicant has stated that these will be filed m May, if this extension is granted CDOT ACCESS PERMIT: The applicant applied for their Colorado Department of Transportation ("CDOT") access permit in October, 2001. Ciry staff acts as liaison with CDOT m obtaimng these permits. Staff submitted the access permit to CDOT m October, 200L However, final approval from CDOT was not obtained until June 2002. ANALYSI5: To approve an extension of time for a use review approval, the Plamm~g Board must find that the request complies with the requirements of 9-4-8(b)(2) (attachment F mcludes the full text) the full text). The followmg are the two key issues related to those criteria• s:\plan\pb-items~nemos\pb-items\ddembassyext AGENDA ITEM # 5A PAGE 2 1. Has the applicant demonstrated reasonable diligence in complying with the time limits of the approval? The applicant has outlined the work that has been done over the past four years (attachment C, letters from the applicant) Staff believes that the applicant has been diligently workmg toward obtaining building permits and building the hotel Because of the locahon of the srte, it has been a challenge to meet the time limits of the use review. Construction of a large hotel at this site has mvolved issues not noimally mclude with other developments, such as alternate utility providers and CDOT access permits. The followmg timelme shows reasonable diligence: 1999-2000- design of hotel and redesign based upon change m franchise 2000-2001- utility design for Lefthand and redesign to city provider 2001-2002- design, apphcation and approval for CDOT access permit 2002-2003- fmal engmeermg, landscape, site, architectural plans designed and submitted to city Additionally, near the end of 2002, the City and County Planning staff contacted the applicant about relocatmg their hotel to be able to locate a transit center on this srte. While this relocation was not able to be accomplished, the discussion delayed work on the revisions to the final document application. The applicant has agreed to work with CDOT, the city and county governments on this issue cooperatively m the future. 2. Has the applicant demonstrated good cause, which justi~es a two-year extension? The appLcant must show good cause for the extension, includmg the ability to complete the project withm the timeframe requested. They have outhned the rimeframe for approval and construction (attachment C, St Julien letter dated Apnl 15, 2003). The two year extension appears reasonable when considering the scope of this pro~ect. Six months for buildmg permit approvals, 12-14 months for construction plus some allowance for wmter delays appears a reasonable schedule. STAFF rINDINGS AND RECOMMENDATION: Staff believes that the applicant has shown reasonable dingence and good cause for the extension. The approved use review is consistent with current city policy, and extending the time for completing construction of the hotel to March 26, 2005 will not conflict with current city development policies. The applicant has expended significant resources to secure a tenant, and to produce construcrion drawmgs towards compleuon of approval The site's zonmg has not changed smce the original approval, and no development standards have changed smce the approval which would prevent the hotel from being built as proposed if the applicant had to reapply for review. In fact, a land use designahon change was approved m 2002 as part of the 2000 Boulder Valley Comprehensive Plan update to change the designation to Transitional Busmess, a land use designahon which allows hotels It is anhcipated that the zorung would eventually change as well to accommodate this hotel. If the extension of time was to be derued, the applicant could s~mply apply for another use review because of the clause in the 1997 IDM PUD, and the same hotel could be approved agam s:\plan\pb-items\memos\pb-items\ddembassyext AG~NDA IT~M # 5A PAGE 3 Planning staff finds that the request for a two-year time extension is appropriaYe for this site, finding that. 1. This request was approved in March 1999 and that the request is consistent with current development requirements. 2. The applicant demonstrated reasonable diligence in pursuing the construction of the hotel. 3. The applicant demonstrated that good cause exists for the extension. Therefore, staff recommends that Planning Board approve a two-year time extension for completion of Use Review UR98-5 to March 26, 2005 incorporatmg this staff inemorandum as findings of fact, and usmg the followmg rewmmended condrtions of approval RECOMMENDED CONDITION OF APPROVAL: The expiration date for UR98-5, the "Inn at Gunbarrel" shall be March 26, 2005. Appxoved By: ~G~.~ ~~ ~~ ~"~)2'~`_. Peter Pollock, Director Planning Department ATTACHMENTS: Attachment A: Attachment B Attachment C: Attachment D• Attachment E: Attachment F: Vicinity Map March 26, 1999 Planning Depariment Use Review disposition of approval Appiicant's letters requeshng a hme extension Letter from Robert W~lliams to St Julien Partners Faxed memo from Lefthand to St. Julien Partners dated June 11, 2001 Criteria checklist for extension of Use Review approval s:\plan\pb-items\memos\pb-items\ddembassyext AGENDA ITEM # SA PAGE 4 ATTACHMENT A Vicinity Map for The Inn at Gunbarrel , ~~ ,.,,~ ~ ', ~,~~. m~ ~.. ~ ~~;'~'~° ,~i ~,"~ y~ l' ','', , ~ ~' p r~ . ' ~,! i ~~f~ ~ ,i'~~ '~,,:~ '~~~_- L~I I, 1 , ' ~ ~ I' tk+ I ~ I - i ~~~'I j ,i ,__ ~~~.~'~I. '~~~ ; ' y~ ~ ~ ~- ' ~ .~ ' ~~'' ~_mm , ~ ~ ~ ~. ~ ; ~'~ ~ -~~~ ] guilding Footprints Main Roads ~ Arterial ~ Highway ~ ~,,' Street Centerlines ~, Survey Polygons ! ~ Lakes ~ ~ Ownership Parcels [~ City Limits N W E A~end~ Uam #S,~_~__._ Pa~e # s 0.2 0 0.2 0.4 Miles ATTACHMENT B AMENDED NOTICE OF DISPOSITION (Revised March 30, 1999*) You are hereby advised that the followmg action was taken by the Plannmg Department based on the purposes and mtent of the Land Use Regulations as set forth m Chapter 9-4, B R.C 1981, as appl~ed to the proposed development, 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 APPROVAL AUTOMATICALLY EXPIRES NAME OF PROJECT: The Inn at Gunbarrel Use Rev~ew DESCRIPTION: The applicant ~s proposmg a three story (40'), 150 room, 99,500 square foot hotel wrth an accessory 120 seat restaurant and a 30 seat lounge LOCATION: COOR: LEGAL DESCRIPTION: APPLICANT/OWNER: APPLICATION: ZONING: CASE MANAGER: DECISION: VESTED PROPERTY RIGHT: The northeast corner of State H~ghway ll 9(the diagonal) and State Highway 52 N13E4 See Exhib~t "A" St Julien Partners Gunbarrel, LLC Internahonal Busmess Machmes (IBM) Corparahon Use Review, #UR-98-5 IM-D/ Industrial Manufacturmg-Developmg Kns H~emstra Approval, with condihons In 1997, a separate Vested Rights, PUD, and Development Agreement was made between the City of Boulder and IBM to allow a hotel or motel on this s~te as a Use Review Approved on: March 12, 1999 (Revised March 30, 1999) By: ~ Robert O. Cole, ctmg D~rector Dept. of Community Design, Plannmg & Development Th~s dec~sion may be appealed to the Plamm~g Board by filing an appeal letter w~th the Plannmg Department withm two weeks of the date of approval If no such appeal is filed, the decision shall be deemed fmal fourteen days afrer the date above ment~oned Appeal to Planning Board expires: March 26, 1999 Aganda It~~rri ~ S/~ _ Paga # _ ~ _ *Pursuant to Sect~on 9-4-8 of the Land Use Regulauons (Boulder Revised Code, 1981), th~s approval shall expire three years afrer the final approval date unless development has proceeded as specified m Section 9-4-8 *(Thts standctrd langunge was mactvertently o»utte~t on the oragtnal Nonce of Daspositzon dated Mnrch 12, 1999 77iis is the only change made wath thas Aniended Notice of Dasposation.) CONDITIONS OF APPROVAL The Appl~cant shall be respons~ble for ensurmg that the development shall be m compliance with the approved plan, dated February 16, 1999, on file m tUe City of Boulder Plamm~g Department Further the applicant shall ensure that the hotel is operated m compl~ance wrth the followmg restncrions The accessory restaurant and lounge shall not have any exter~or signage. b The s~ze of the structttre shall be no greater than 100,000 square feet This approval is hmrted to a 150 room hotel with related accessory uses (restaurant, lounge, meetmg rooms, and fitness faciht~es) The applicant shall comply with all previous cond~tions contamed m the IBM Vested Righis, PUD, and Development Agreement dated October 20, 1997 Prior to the buildmg permit application, the applicant shall submit the followmg ~tems for review and sub~ect to approval of the Planrung Department~ Final archrtectural plans, mcludmg buildmg matenals and colors, to msure compliance w~th the mtent of this approval and compat~biltty with the surroundmg area b. A detailed landscape plan, mcludmg size, quantity, and type of plants existmg and proposed, any site gradmg proposed; and any imgat~on system proposed to msure compliance with th~s approval and the C~ty's landscape requirements c. A sign program to msure compliance with the mtent of this approval and the requirements of Chapter 10-11, B R C 1981 A deta~led hghtmg plan showing locaUon, size, and mtens~ty of illumtnation untts, showmg comphance wrth Sect~on 9-3 3-17, B R C 1981 Priar to the buildmg permit appl~cation and prior to the submittal of the "Final Revtew" packet as outlmed m condition number s~x below, the applicant shall submit to the Plamm~g Department the followmg item for final review and approval~ A~7~ndalt~m~_sA _~'~9# 7__ Prel~mmary ut~l~ty plans for connecrion to both City and non-City utilihes and a cost compar~son of the available opt~ons. The City w~ll util~ze th~s mfonnat~on to determme whether tl~e applicant meets the condit~ons of Anc~le Z of the IBM Vested Raghts, PUD, and Development Agreenzent related to connecUon to non- C~ty utilities Pi~or to the buildmg perm~t applicahon, the applicant shall subm~t to the Plannmg Department a complete "Final Review" packet for final review and approval mcludmg tl~e followmg Engmeermg plans for requ~red publ~c utility and required nght-of-way improvements mcludtng improvements to State Htghway 52 All improvements are requircd to meet tlie City of Boulder Design and Constnict~on Standards Any extensions/connectrons to C~ty of Boulder uttlities, Left Hand Water Distr~ict, or Niwot Sanrtahon District should be mcluded m the plans A Final Dramage Report and Plan m accordance with City standards A detailed cost estimate prepared by a licensed profess~onal engmeer for all proposed pubhc improvements d An agreement between the Left Hand Water District and the C~ty of Bouldei Fire Department regardmg matntenance and operation of proposed fire protection facilrties e An approved CDOT State Highway Access Permit At the time of buildmg perm~t application, the apphcant shall be required to provide a financial guarantee for the cost of all proposed public improvements raqari~~~ liarn J aA _ ~~si~ ~_~ . ATTACHMENT C St JULIEN PARTNERS GUNBARREL LLC Monday, 4 March 2002 Don Durso Planning and Development Services City of Boulder 1739 Broadway Boulder, CO 80302 Re Inn at Gunbarrel (6301 Diagonal Highway) Dear Mr Durso Per Clause 9-4-8 (Boulder Rev~sed Code, 1981 Trtle 9- Land Use Regulahon, as revtsed), we request two six-month extensions for the Inn at Gunbarrel pro~ect. Although we contmue to work diligently on the development of this pro~ect, we have encountered some unexpected delays. (~) As you are aware, a mmor modificat~on was approved on th~s pro~ect m 2000 to enable a slightly higher-end, more upscale hospitality pro~ect and, to some extent, th~s delayed our design schedule (u) In addihon, gammg CDOT approval for site access on Highway 52 is taking much longer than anyone could predict for reasons that remain uncleaz although such approval is expected shortly (m) Also, m exammmg our opt~on to connect utdit~es to Left Hand Water and Niwot Samtation, now wrth more complete plans and requirements, rt may appear that pursumg connectwns to Boulder could be more effic~ent requ~res fur[her rev~ew by our crvd engineer. The construction drawings are roughly 90% completa at this t~me and, if you w~sh, we can present them for your review to show substantial progress on the pro~ect. Thank you for your assistance m this matter The mtent of IBM Corp was to have a hotel on th~s site when ~t imtiated the open space land deals with the City a few years ago and we continue to work toward fulfilling this intent Please feel free to call w~th any questions (Direct 720-406-9656) Sincerely, SS .TULIEN P~RT1Y ~ RS GUNBARREL LLC ~ `Brace Por Managmg Member 140I WALNUT STREET, STE 303 BOULDER COLORADO 80302 (720) 406-9G9G FAX. (720) 40G9GG8 -g~n~iatt~~m;t J~ f~sl~'E ~ SL JULIEN PARTNERS GUNBARF.EL LLC Monday, 17 March 2003 Don Durso Planning and Development Serv~ces Ciry of Boulder 1739 Broadway Boulder, CO 80302 Re: Inn a[ GunbaRel (6301 Diagonal Highway) Review TEC 2002-00024 Copy by fax 303 441 3241 Onginal by hand Dear Mr Durso Per the techmcal document review results dated 24 Jan 2003, we hereby request an extension from Plannmg Board for the above-referenced pro~ect The delays cited m the earlier extensions as well as the timelme to resolve the current set of staff comment necessrtates this request We have made substantial progress and the consVuction drawmgs are complete except for updates to resolve current comments which pnmarily revolve around crvd engmeenng issues. Thank you for your ass~stance in this matter. As ct[ed prevwusly, the intent of IBM Corp was to have a hotel on th~s stte when it mmated the open space land deals wrth the City a few years ago and we contmue to work toward fulfilling this intent Please feel free to call with any quesuons. (Direct 720-406-9656) Smeerely, SS.TULIEN PARTIVERS GUNBARREL LLC B D Managing Member 1401 WALNU"I STREET. SI'E 303 BOULDER COLORA~O s0302 S~T'd ~Str~tibb~~l~+ Ol 299E~abE1ZL (720) 40t, 9G9G FAJC (720) 4D6 9668 A~~end~i lt~m { J~ _ ~'~u)~ 1~ ,/~ ~l~l~~J~ Sb'Tti ~~G~?-~T-dNld SL]ULIEN PARTNERS GUNBARREL LLC Monday, 7 Aprt12003 Don Durso Plaoning aod Development Services Ciry of Boulder 1739 Broadway Boulder, CO 80302 Re• Inn at Gunbarrel (6301 D~agonal Highway) Review TEC 2002-00024 Copy by Fax 303 44l 3241 peaz Mr Durso ln our letter of l7 March 2003 we requested an extension from Plannmg Board for the above-referenced pro~ect To comply w~th cntena that the npplicant has demonsuated both good cause and reasonable ~I~gence, the followmg mFocmation is provided (1) The Applicant has 6een worlung dil~gently on this p~o~ect but mcurreJ a substanc~al delay m~he effoR to obtain a CDOT access penmt for the property App4cant worked with CoB StaTt between March 2001 & September 2001 to actueve a traff~c des~gn wluch met CoB entena Formal applwation was made toCDOT m October 2001 but such approval was not granted until June 2002. Th~s delay at Ihe CDOT level was beyond the control of the Applicant (2) Upon achievmg the CDOT access perm~[, Applicant submitted the next set of techmcal documents for review m July 2002 Vanous iterahons/responses were further submrtted m Septembcr 2002, & December 2002 and Apphcaat is currendy prepanng responses to S[affs commeotc of January 2003 Because of the property's disiance from feas~ble utihty connecUOns, a num6er of enguicen~6 issues need fuRher remew but a besic approach has been mapped out w~th Staff sub~ect to Staffs finnl approval (3) The Conswchon Drawings are complete and ava~la6le for review by Staff Fo[mul submissian wdl occur upon techmcal documents approval Appl~cant has mcuned s~gn~ficant arch~cecturat and engmeermg expenses to date as well as s~gmficant fees w~th the hotel fianchisor to brmg the pro~ect to ttus stage Applicaut is highly monvated to finish the pertnrtung process snd begm construcpon. (4) Applicant believes that a two year extension w~ll provide [he nccessary timeframe to obtam the permit and fimsh construction considermg the substanhal design work done to date Thank you for considering our request and please feel free to call witN eny qucshons (D~rect 720-406- 9656) Smcerely, Sl JU~LIEN P`ARTNERS GUIVBARREL LLC ~ H ruCe P anagmg Member 1401 WALNUT S'IREET. 31'E 303 BOULDEA, GOLORADO 80302 (77A) 406969fi FAX (720) 40E9fl6B 11d~lr~;i5,3tA ~ ~ _ i'«l~~£3'k ~~ Z,T'd 2Sbztihb£0~+:01 e9969~bGJZL ~l-IiJci.~ TS~Sti ~iin2-,!E~-d~H RPR-15-2903 15:51 FROM: (~b4bby665 IU:+Sb3441S4JC r,1~S S6 JULIEN PARTNCRS GUNBARREL LLC Tuesd4y, 15 April 2003 Aon Durso Plaoniog and Developmeot Services Ciry af Boulder 1739 Broadway Bauldar, CO 80302 Re• Rev~ew' Tnn at Gunbarrel (6301 Diagona] Htghway) TEC 2002-00024 Copy (3pgs) by fax 303.441.3241 Deaz Mr, Durso: Further to our 17 March 2003 request for an extension from Planning Board for the a6ov~refecenced pro~ect, addit~onal mformapon is providcd below to further esplain some of our nme-consuming efforts: (1) The Appl~cant's init~al concept was for a Hilton Garden inn and designed the plans accordmgly. Someqme m the wmter of 1999/2000, the Hdton orgunization purchased the Prvmus Corp (which owned the Bmbassy Sulles brand) and Hilton came 6ack to us with a proposal to up~'nde our concept from a Garden Tnn to an Embassy Suites. The pro~am was re-warked, architects switched to one more familiar w~th the Embassy Suites brand and St 7ulien was officially licensed by Hilton as an Embassy Smles fianchisee in November 200p. St Julien believes it ~s now bwlding a better, more upscale project than originally conceived but sacnficed time to do so. We believe the local economy/community wi116e better off for it. (See attached letter from Hilton dated 3/22/Ol, althouglt officially franehised in 11/00) (2) in initial discussions with Niwot Sewer and Left Hand Water both w~th St Jullcn and St Julien's ciwl engineers, Drexel Barrell, no problems were ind~cated m connecting the scrvices. Whcn engmeeri~ desigru were cample~ed, etc, Left Hand inforn~ed App~~cant that capaciry was insu~cient (see attached memo ffom Left Hand dated 6/1 I/01) prosimate to the s~te and proposed a connectaon some distance fi~rther. N~wot Sewer, upon final review, mdicated a connecuon fee many times higher thun originally discussed These two events motrvated St Julien to a~ain explore the comparison with Boulder connections (3) Regardmg the curtent status of tech doc comments, thc last set of Staff comments were 7eceived the end of January and we will be re-submittmg responses in May 2003. Also we in~tiated thc request £or ex[ension m March 2003. (4) Applicant believes that a two yeaz extension will provide the necessary timeframe to obtnin the permit and fimsh construetion allowing for (1) the expected time to oUtain both teeh doc and building permil approvals (i,e 6 months), (2} the construcdon period (i e.12-14 months) ,(3) some allowancc ~f project is delayed for winter (i.e, 4 mon[hs), Thank you for cons~denng our request and please feel free to call with eny quesnons. (D~rect 720-G06-9656) Sincerely, SI JULIEN P ' ERS GUNBARREL LLC ,/ }3f Managing Member 1401 WALNUT STREET, STC 303 BOUI.DER COLOAADO B03o2 (~20j 406•9G96 PAX ()20) 4D6•966s pl.r,~lu~f-;;fl'! ~ ~r'+1~~7;4 ~2 APR-15-2003 15:51 FROM: March 22, 2001 St Julien Partners Gun6arrel LLC Attn: Mr, Bruce Porcelli 1401 Walnut Street, Suite 303 Boulder, CO 80302 7204a69668 TO +3034413452 P 2 3 ^ sr~ut~u0 D~~eso ~~/ Hilton Via Federal Eapress 720/406-9656 Sub~ect Proposed Embassy Suites Fiotel to he located aT the mtersection of Highway 119 and Highway 52 in Boulder, Colorado Dear Mr Sharma: En~losed is your copy of the fully executed License Agreement for the sub~ect hotel. Within the next few weeks, you wili be receiving information concerning the Owner's Orientation Program from our Training Depar~Cment. 7his pro~rarn mtroduces new franchisees to the Hilton vision, the 100% sa'Cisfaction culture and to the staft ~vho will provide support to you in the planning, opernng and operation of your hotel We look forward to workin5 with you on this pro~ect. Should you have any questions or need our assistance at any time, please let us know Sincerely, ~,~'~ j~ [ ~~L~~~, C~rtne Harris Y Franchise Coordinator Franchise Administration /ch cc: Sandra Brown 5A ~~>l,, ~~ ~3 , ~ ~r!'~ ;t;m ii _, , Nilluu Holels C orrnratinn 755 Lrnn~nw r Luue, Memphi~.'I'N 38117-4900 Telephone' +1 901 i74. 5UU0 Hv4ireul~uuti.www.hiltonrumur LBUQ-]lll;lf)I~S CITY DEPARTMENT OF PUBLIC WORKS ( P.O. Box 791 ~ ATTACHMENT D 1739 Broadway Boulder, Colorado 80306-0791 website www.ci.bouldercous/publicworks APEA GO~E 803 AOMINISTRATION INFORMATION March 29 ZOOI 441 3200 ~ FAX 441-4210 BUILDING MAWTENANCE a<, <ose Mr Bruce Porcellt Fnx aai aosa BUILOING SERVICES St Juhen Partners Gunbarrel L L C • 441 1880 . FAX 447 3241 1401 Walnut Street FACILITIES 8 ASSET MANAGEMENT J!] SL11I O3 441 6059 C tt.J FA%441 4063 !~ p ] goulder l ~ O~ J~2 FLEET SERVICES . . + 413 713] FAX 413 ~15] DeaT MI' POTCCI~l~ DEVELOPMENT & ^'SPECTION SERVICEG ENVIRONMENTAL E"FOR;; ""3Z39 The Ctty of Boulder Publ~c Works Department has rev~ewed the Utiltty Concept RepoR for FAX 441 4010 the ro osed Embass Suttes Gunbarrel re ared b Drexel Barrel & Co March 5 2001 p y P FLOOOPLAIN 8 WETLANOS . , +` P Y p """"";; "" Z32 The purpose of this report was to address Art~cle 2 of the "Vested Rights, PUD, and HO1151NG INSPECTION48 Development Agreement " between IBM Corporahon and the C~ty of Boulder recorded RENTALLIOqN , October29 1997 3152 ~ FAX 441 3241 INSPECTION SERVICES Fnx o4; Qoeo Based on the conceptual mformation prov~ded, the city does not agree to provide LAND INF SERVICES substant~ally the same service, within the same penod of time at the same or lesser cost as is MAPPING 8 RECOROS aa, sz,o estimated for water service from Left Hand Water Distnct and sanrtary sewer sernce from zoN r,c cooe Niwot Samtation Distnct Service from these providers may be pursued in accordance with ENFORCEMENT 441 334fi the agreement FAX 441 40]0 TRANSPOA RPOFT Please be advised that obtammg water serv~ce from a provider other than the City of Boulder 440 7065 FAX o40,49o m no way provides an exemprion from the requ~rements of the adopted Umforni Fire Code GO BO;LO fi6 , 1997 and related fire protection requirements contamed m the Boulder Revised Code 1981 FAX 441 4271 ENGMEERING , Pnor to any apphcahon for buildmg perm~ts, a final util~ty plan and report w~ll be required to 061 3266 FA% a41 4271 demonstrate that c~ty fire protection requirements will be met I~ addit~on Left Hand Water STREET MAWTQ ]A]762 , District will need to confirm m wntmg that they will provide service m accordance w~th the FA% 413 ]160 UTILITIES report and c~ty standards A legal agreement between Left Hand Water D~strict and Ihe city ENGINEERING regardmg use of their system for fire fightmg purposes will also be needed 441 3266 FAX 441 4271 UTILITV BI'L3260 Please contact Jeff Arthur at (303) 441-4418 if you have any quest~ons. FHX 441 4089 UTILIT~ES MAINTENANCE 413 7100 FAX4137160 Smcerely~ WASTEWATER TREATMENT ]STH STREET ~ ///~~~^ ( ///~~~ I 1 //// ~ ~~ , y y, ~ S' 413 7340 ~M V`"'~ W FA% 413 ]3]3 WATEF RE5011RCES A41 32fi6 Fnx aa, az~, Robert E Wilhams WATER TqEATMENT s3RO STEE' Director of Publ~c Works for Utiirties 413 ]430 FA% 530 1137 WATER TREATMENT BETA550 cc. Maureen Rait ~ 491 3245 FAX 441 44oa Sue Ellen Harr~son WATEP OUAIITV 8 ENVIRONMENTAL SERVICES Adnan Hise 63R~ STREET 413'°°° Jeff Anhur FAX 530113] WATER OUALITV & Barbara We~ss Drexel Barrell & Co ENVIRONMENTAL SERVICES ~ 75TH STREET 413 ]350 FAX 413 ]3]3 /~ y ~ /~ ~~ / ~ ~ G~'~ ~' ~~ e~~ ~, v • 'rvi ~ • ~T ~•~+ rrtu MaGt•IlI50N ; Fax - Memo ~ate: 6/11/O 1 Ta: Kathy Peterson 720406y668 Ffl:; Nu. ~e~ x~ r ~v:, , ATTACHMENT E +3034413452 P.3~3 ~un ~~ ~ ~r-alxltx~l 6uR.so From: 7erri Magnuson RE; Porcelli Tap Request #2106 - Hatel SRe at Hwy. 5?J Oiagonal Hwy I have finished my review of this request fa~ a 130-room hotel With restaurant and lounge, The property has been annexed to 8oulder as part of the IBM propelty, but appl~canYs englneer fias indirated to me that the Crty would not object to sern~e by Left Mand. No documentation regarding NCWCD has been prov~ded, but 1 would thmk ft is wfthih Northem Apphcant has provided estimated usage data, and indicaies a 2" - 4° metar wili be required, ~y companng the est~mated usage to actual usage of motels curcantly served by the Distnct, I would expect at least a 3" rneter wdl he requifed, and have based my analysts on that assumption I have found that thc hotel could not be served 6y an eztension of the single 12" main that Feeds into the 8oulder Tech Center. Monaroh Park Industnal and Gunbarrel EstaYeS The existing mam is very near rapacrty and could not serve a large user such as this without adversely afFecting pressure to exisUng cu~tomers in the Gunhartel area. ln order for the aistrict to serve the hotel, the following off-srte improvements would be required at Developer expense: Approximately 7700 feet af 12" wator line along Highway 52, frnm the exigfing 12' Ilne located onE mde east of 79'" Street, to the exisUng 12" Gunbarrol line that cros5es Highway 52 approximaiely one-half mile west af 79"' Street. Thls wlll provide a secand feed to the Boulder 7ecn Center and ad~oining area, reducing fnetion head losses, improving fire flow, and increastng reliahility of service to the area. There would be some potential for reimhursement through a linc particfpation agreement for any new taps difectly on the water line or wrthin the Bouider Tech Center or Monarch Park Industnal SRe 2 Appmz~mat~ly 22p0 feet of 12" water hne along Highway 52, finm the existing 8" at the entrdnce to thc Baulder Tech Center, to the hotel srte property_ The fwo exist~ng 8" lines feeding into the Tech Centerwould feed this 12" line I estimate thatfire flow would be at least 2500 gpm at ZO psi ~esidual pressure, normal operatmg pressure would range fram 90 - 105 psi Applicarlt must p~ovide evidence of mclusian In NCWCD as well as approval Trom the City of 6oulder for secvice from Left Hand Water Distrid, , ~ ~~ ~ , ~.,, ; ,S~ --' -" ` -- /J~ ATTACFIMENT F Plamm~e Board Level Extens~on The plannmg board may grant an extension of a development approval, pursuant to a heanng, conducted imder the provis~ons of Chapter 1-3, "Quas~-Jud~cial Heanngs," B R C 1981, after the apphcant has exhausted any extension granted pursuant to paragraph (1) above The apphcant shall be requved to demonstrate that rt exercised reasonable diltgence m completrog the pro~ect accordmg to the approved development schedule and of good cause as to why tlie extension should be granted (A) Cntena for DemonstratmR Reasonable D~h~ence An appl~cant may show [hat it has exercised reasonable dil~gence by prov~dmg ev~dence that rt has done substanhal work towards completmg the pro~ect Such ev~dence may mclude, wtthout hmrtahon, drafhng plans for buildmg permit or techmcal document review, appLcat~ons for buildmg perm~ts or other permrts that are requved pnor to the issuance of buildmg permrts, stte preparahon and gradmg, or commencement of the conshuct~on of a porhon of the pro~ect (B) Cntena for Demonstratme Good Cause An apphcant may show good cause as to why an extension should be granted by providmg ev~dence that mcludes, wrthout limitatwn, the followmg a demonstrat~on ofthe apphcant's abihty to complete tha pro~ect wrthm tlie extens~on, the extension ~s needed because of the size of tUe pro~ect or phasmg of the development, or economic cycles and m~rket condrtions prevented the constnichon of the pro~ect dunng the ongmal approval penod (C) Addit~onal Condrtions As part of a heanng to cons~der an extens~on, the plannmg board may ~mpose add~t~onal cond~hons on the applicant m order to ensure compliance w~th any amendments to Title 9, "Land Use RegulaUons;' B R C 1981, enacted after the date of the ongmal approval ACENDA ITEM # SA PAGE 8 ,,.,,,,~,, ~„ r,, 5A _~-<<_~ ~ /6