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4 - Notice of Disposition - 500 Pearl LUR2006-00074~/~ CITY OF BOULDER 'y,iJid,~/'/r Planning and Devefopment Services ~~~ ~ ~ 1739 Broadway, Third Floor • P.O. Box 791, Boulder, CO 80306-0791 ~' phone 303-441-1880 • fax 303-441-3241 • web boulderpiandevelop.net CITY OF BOULDER PLANNING DEPARTMENT NOTICE OF DISPOSITION You are hereby advised that the following action was taken by the Planning Department 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: 500 Pearl DESCRIPTION: Non conforming use review. Four-plex changing to three dwelling units. LOCATION: 1960 5TH ST (500 Pearl) COORO: N03W07 LEGAL DESCRIPTION: Lot 6, Block 60, Subdivision BOULDER O T EAST & WEST & NORTH City of Boulder, County of Boulder, Coloredo APPLICANT: Clark C. J. Davis OWNER: TELEMARK HOMES LLC APPLICATION: Use Review, LUR2006-00074 ZONING: RMX-1 CASE MANAGER: Elaine McLaughlin VESTED PROPERTY RIGHT: NO; the owner has waived the opportunity to create such right under Section 9-4-12, B.R.C. 1981. FOR CONDITIONS OF APPROVAL, SEE THE FOLLOWING PAGE OF THIS DISPOSITION. Approved On: ~ / / - "~ ` ~`~' Date ' ~ ~ ~, ~ ~ ~ ~' ~ ~ / By. ~ / 1..~'~/ ~~'~'~tuth eyser, A g Pianning Director This decision may be appealed to the Planning Board by filing an appeal letter with the Planning Department within two weeks of the decision date. If no such appeal is filed, the decision shall be deemed final fourteen days after the date above mentioned. Appeal to Planning Board expires: October 6. 2006 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 MYLAFI PLANS, IF THE DEVELOPMENT AGREEMENT IS NOT SIGNED WITHIN SIXTY (60) DAYS OF THE FINAL DECISION DATE, THE PLANNING DEPARTMENT APPROVAL AUTOMATICALLY EXPIRES. Address: 1960 STH ST 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 [or in compliance with the phasing plan). Failure to "substantially complete" (as defined in Section 9-4-8) the development within three years [or in compliance with the phasing plan] shall cause this development approval to expire. CONDITIONS OF APPROVAL 1. This approval is limited to the approved plans dated 8-18-06 with conditions noted herein. 2. The Applicant shall not expand or modify the approved use, except pursuant to Subsection 9-4-9(g), B.R.C. 1981. 3. At the time of building permit application, the Applicant shall submit revised architecture per conditions of approval from Landmarks Preservation Advisory Board's September 6, 2008 approval of a landmark alteration certificate, as follows: The south elevation of the proposed addition (including dormers) be redesigned; The details regarding windows, doors, roofing materials, and color be submitted for review and approval; The details of moving and raising the foundation wiil be submitted for approval by Landmarks staff; and • All of the above information be submitted to the Landmarks design review committee for review and approval. 4. At the time of building permit application, the Applicant shall submit architectural plans, including materials and colors, to insure compliance with the intent of this approval, and conditions, and compatibility with the surrounding area. The architectural intent shown on the approved plans dated 8-18-06 is acceptable as conditioned. Planning staff will review plans to assure that the architectural intent is pertormed. 5. Submit landscape plan at time of building permit application consistent with City code and including: a) For the Pearl Street and alley rights-of-way, add two street trees at 30 to 40-feet on-center spacing; and b) For the park-side right-of-way adjacent to (east of the) walkway note the two existing, waning trees as requiring evaluation by City Forester, replace as necessary. 6. Submit revised site plan at time of building permit application with the following parking area changes: a) A minimum of 24-feet backing distance shall be provided from the end of the parking spaces to the south side of the alley. b) The parking wheel or bumper guards shall be shifted on plan slightly to the north at the location of where the fence is currently show, and the parking spaces revised accordingly. c) The walkway adjacent to the parking shall be expanded to six-feet wide in this area to allow for vehicle overhang. Address: 1960 5TH ST CITY OF BOULDER a~~Jir~ 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 LAND USE REVIEW RESULTS AND COMMENTS DATE OF COMMENTS: September 22, 2006 CASE MANAGER: Elaine McLaughlin PROJECT NAME: 500 Peart LOCATION: 1960 5TH StreeU500 Pearl Street COORDINATES: N03W07 REVIEW TYPE: Use Review REVIEW NUMBER: LUR2006-00074 APPLICANT: Clark C.J. Davis DESCRIPTION: Non conforming use review. Four plex changing to three dwelling units. REQUESTED VARIATIONS FROM THE LAND USE REGULATIONS: Non-Conforming Use and Setbacks I. REVIEW FINDINGS Application will meet criteria if the conditions listed below are met; disposition of approval will be issued subject to the conditions listed herein and, if applicant accepts these conditions. Notice of Disposition will be issued on September 22, 2006, subject to call-up on or before October 6, 2006. II. CITY REQUIREMENTS Building and Housing Codes Building will be required to meet all building code requirements at the time of building permit application. Steve Brown (303)441-3172. Building Design Landmarks Preservation Board DRC gave conditional approval on the project on September 6, 2006. Prior to building permit approval, ensure that the revisions requested by Landmarks DRC are shown on the project plans. Flood Control The subject property is located in the 100-year floodplain, FEMA designated "A" zone. The proposed development will require approval of a floodplain development permit prior to any construction and will have to meet the floodplain regulations detailed in Subsection 9-3, Boulder Revised Code. These regulations include elevating the lowest floor of the proposed addition at least two feet above the highest adjacent grade to the structure. Please note that the applicant has received conditional approval from the Landmarks Preservation Advisory Board to elevate the lowest floor of the existing structure. Under current floodplain regulations, the substantial improvements provision defined in Subsection 9- 16 BRC do not apply to alterations of structures designated as an individual landmark, and therefore elevation of the existing structure is not a requirement of the floodplain regulations. Cristina Martinez 303-441-1886 Fire Protection Building is required to be provided with a fire sprinkler system meeting the requirements of the NFPA 13R system. Steve Brown (303) 441-3172. Landscaping The proposed improvements meet the threshold for preparation and submittal of a landscape plan at the time of building permit that complies with street and alley tree requirements, along with trash and parking screening requirements. The Pearl Street right-of-way has no street trees. The park-side right-of-way between the sidewalk and the property line has two trees that are waning, In preparing the landscape plan, note that these trees will need to be evaluated by the City Forester and, if need be, replaced with new trees. At that time, aright-of-way permit will be required to replace the trees. Address: 500 Pearl Page 1 For the Pearl Street and alley rights-of-way, add two street trees at 30 to 40-feet on-center spacing. For specie: protection and the City's approved street tree list reference www.bouldercolorado.gov/files/PDS/apps/guides/81; Also, see note under "Parks and Open Space" below for park tree protection measures. Refer any questions on Landscaping to Elaine McLaughlin 303 441-4130. Legal Documents Documentation confirming who the Manager authorized to bind Telemark Homes, LLG is required. Julia Chase, Gity Attorney's Office, Ph. (303) 441-3020. Parking A minimum of 24-feet backing distance must be provided from the end of the parking spaces to the far edge of the alley. The parking bumpers will need to be slightly moved to the north at the location of where the fence is currently shown, and the parking spaces revised when submitting for building permit. In moving the parking bumpers to the north, the walkway will also need to be expanded to six-feet wide in this area to allow for vehicle overhang. Katie Knapp (303) 441-3273. Parks and Open Space Note on the project plans to be submitted for building permit, "contractor access will not be allowed on park property except for potential replacement of trees adjacent to property within public right-of-way." There are other large trees nearby on park property and applicant is requested to take necessary precautions to ensure health of trees by noting on the landscape plan tree protection measures consistent with the City's Design and Construction Standards. A large mature maple located on the adjacent property to the east will also require tree protection during construction. For further information on tree questions contact City Forrester Ellie Bussi-Sottile at 303-441-3406 or Pat Bohin at 303-441-4407. Utilities The applicant is advised that at the time of building permit application the following requirements will apply: a. The applicant will be required to provide an accurate proposed plumbing fixture count to determine if the proposed meters and services are adequate for the proposed use. b. Water, wastewater and storm Plant Investment Fees and service line sizing will be evaluated. c. If the existing water and/or wastewater services are required to be abandoned and upsized, all new service taps to existing mains shall be made by city crews at the developer's expense. The water service must be excavated and turned off at the corporation stop, per city standards. The sewer service must be excavated and capped at the property line, per city standards. d. Since the building will be sprinklered, the approved fire line plans must accompany the fire sprinkler service line right-of-way permit application. Katie Knapp (303) 441-3273. IV. NEXT STEPS If the request is not called up during the 14 day call-up time, on or before October 6, 2006 the applicant may apply for the applicable building permits including all plan documents required as a condition of this review. V. CITY CODE CRITERIA CHECKLIST ~ (1) Consistency with Zonino and Non-Conformity: The use is consistent with the purpose of the zoning district as set forth in Section 9-2-1, "Zoning Districts Established," B.R.C. 1981, except in the case of anon-conforming use; ~ (2) Rationale: The use either: ~ (A) Provides direct service or convenience to or reduces adverse impacts to the surrounding uses or neighborhood; ~l (B) Provides a compatible transition between higher intensity and lower intensity uses; v (C) Is necessary to foster a specific city policy, as expressed in the Boulder Valley Comprehensive Plan, including, withouYlimitation, historic preservation, moderate income housing, residential and non- residential mixed uses in appropriate locations, and group living arrangements for special populations; or J (D) Is an existing legal non-conforming use or a change thereto that is permitted under subsection (e) of this section; Address: 500 Pearl Page 2 ~I 3) Compatibility: The location, size, design, and operating characteristics of the proposed development or change to an existing development are such that the use will be reasonably compatible with and have minimal negative impact on the use of nearby properties or for residential uses in industrial zoning districts, the proposed development reasonably mitigates the potential negative impacts from nearby properties; ~ (4) Infrastructure: As compared to development permitted under Section 9-3.1-1, "Schedule of Permitted Uses of Land," B.R.C. 1981, in the zone, or as compared to the existing level of impact of anon-conforming use, the proposed development will not significantly adversely affect the infrastructure of the surrounding area, including, without limitation, water, wastewater, and storm drainage utilities and streets; ~ (5) Character of Area: The use will not change the predominant Character of the surrounding area; and n/a (6) Conversion of Dwellino Units to Non-Residential Uses: There shall be a presumption against approving the conversion of dwelling units in the residential zoning districts set forth in Subsection 9-3.1-1(al, B.R.C. 1981, to non-residential uses that are allowed pursuant to a use review, or through the change of one non-conforming use to another non-conforming use. The presumption against such a conversion may be overcome by a finding that the use to be approved serves another compelling social, human services, governmental, or recreational need in the community including, without limitation, a use for a day care center, park, religious assembly, social service use, benevolent organization use, art or craft studio space, museum, or an educational use. VI. Conditions On Case 1. This approval is limited to the approved plans dated 8-18-06 with conditions noted herein. 2. The Applicant shall not expand or modify the approved use, except pursuant to Subsection 9-4-9(g), B.R.C. 1981. 3. At the time of building permit application, the Applicant shall submit revised architecture per conditions of approval from Landmarks Preservation Advisory Board's September 6, 2006 approval of a landmark alteration certificate, as follows: a) The south elevation of the proposed addition (including dormers) be redesigned; b) The details regarding windows, doors, roofing materials, and color be submitted for review and approval; c) The details of moving and raising the foundation will be submitted for approval by Landmarks staff; and d) All of the above information be submitted to the Landmarks design review committee for review and approval. 4. At the time of building permit application, the Applicant shall submit architectural plans, including materials and colors, to insure compliance with the intent of this approval, and conditions, and compatibility with the surrounding area. The architectural intent shown on the approved plans dated 8-18-06 is acceptable as conditioned. Planning staff will review plans to assure that the architectural intent is performed. 5. Submit landscape plan at time of building permit application consistent with City code and including: a) For the Pearl Street and alley rights-of-way, add two street trees at 30 to 40-feet on-center spacing; and b) For the park-side right-of-way adjacent to (east of the) walkway note the two existing, waning trees as requiring evaluation by City Forester, replace as necessary. 6. Submit revised site plan at time of building permit application with the following parking area changes: a) A minimum of 24-feet backing distance shall be provided from the end of the parking spaces to the south side of the alley. b) The parking wheel or bumper guards shall be shifted on plan slightly to the north at the location of where the fence is currently shown, and the parking spaces revised accordingly. c) The walkway adjacent to the parking shall be expanded to six-feet wide in this area to allow for vehicle overhang. Address: 500 Pearl Page 3 i ,= f ] ~ W ,OGa ~.7 O U '~ - --~ C ~oliM Xn ~d <.~} ' v ~$( +- Y O O~ ~8 o ~_ S J~ 4Al IM t 9YL1 IA9