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HomeMy WebLinkAboutItem 4B Alpine Training Center LUR2020-00035 1840 Commerce StreetMEMORANDUM TO: Planning Board FROM: Sarah Shaffer, Case Manager, Associate Planner DATE: December 14, 2020 SUBJECT: Call Up Item: ALPINE TRAINING CENTER (LUR2020-00035): Use Review for a proposed athletic training facility that caters to athletes focused on skiing, climbing, and mountaineering located at 1840 Commerce Street, Unit G. Indoor recreational or athletic facility uses require a Use Review in the IG zoning district. The call-up period expires on December 28, 2020. Attached is the disposition of approval of a Use Review to permit an Indoor Recreational use (personal training) in the Industrial - General (IG) Zoning District. Pursuant to the “Use Standards” in Section 9-6-1, B.R.C 1981, a Use Review is required for indoor recreational or athletic facility uses in this zoning district. Refer to Attachment A for the disposition of approval and Attachment B for staff’s analysis of the Use Review Criteria. Background. The subject property is located at the northernmost terminus of Commerce Street, north of Arapahoe Avenue in east Boulder. The BNSF railroad is adjacent to the site to the north. The Ball Aerospace campus is located to the west and south of the site. Refer to Figure 1 below for an aerial map of the site. The light industrial facility includes a 15,200-square foot one-story concrete building containing multiple tenant spaces. The site is located in a predominantly light industrial area. The surrounding area includes a mix of one and two-story light industrial and office park facilities. The subject property includes 30 off-street parking spaces. On-street parking is also permitted along Commerce Street and Peak Avenue. Figure 1: Vicinity Map Project Site Agenda Item 4B Page 1 of 21 The site is zoned Industrial - General (IG), which is described as “General industrial areas where a wide range of light industrial uses, including research and manufacturing operations and service industrial uses, are located. Residential uses and other complementary uses may be allowed in appropriate locations” (Subsection 9-5-2(c)(4)(B), B.R.C. 1981). Refer to Figure 2 below. Figure 2: Zoning Map Project Proposal. The applicant is requesting approval of Use Review to utilize a 1,655 square-foot tenant space for a personal training center catering to athletes focused on skiing, climbing, and mountaineering. The subject property includes warehouse and retail spaces. Existing tenants in the facility include a mix of light industrial uses as well as less intensive retail and service-related occupants. Pursuant to the “Use Standards” in Section 9-6-1, B.R.C 1981, indoor recreational or athletic facility uses in the IG zoning district may be permitted with approval of a Use Review. The tenant spaces was previously occupied by a similar athletic training facility, Mountain Athlete; however, this use was never legally established through city processes. No exterior alterations or new additions are proposed. The use is proposed to provide individual and small-group fitness and wellness services for up to eight clients on the site at any one time. The applicant has improved the site by providing four bicycle parking spaces in the interior of the tennant space; to facilitate alternate modes of transportation to and from the site. The proposed hours of operation are Monday to Friday 6:00 a.m. - 9:00 p.m. Refer to Attachment C for the applicant’s proposed plans, and Attachment D for the written statement and management plan. Review Process. Pursuant to Section 9-6-1, B.R.C., indoor recreational or athletic facilities as a principal use may be permitted in the IG zoning district with approval of a Use Review. Per Section 9-4-2, B.R.C. 1981, applications for Use Review are subject to call up by the Planning Board. No modifications from the development Agenda Item 4B Page 2 of 21 code have been requested. The proposal meets all other development standards for the zoning district and does not trigger or require Site Review. Refer to Attachment A for the conditions of approval. Analysis. The proposal was found to be consistent with the Use Review criteria of Section 9-2-15(e), B.R.C. 1981. Fitness and personal training uses typically require large and open floor areas, which are often provided by Light Industrial facilities. The use would provide a unique service for the local, east Boulder community and provides an option for physical training to the employees of the adjacent businesses and residential neighborhoods south of Arapahoe Avenue before and after typical work hours. The subject property provides adequate parking for the proposed use. Further, traffic impacts would be negligible to the existing facility as the proposal includes individual and limited small group services and operates at a complementary schedule to other uses in the area that adhere to more traditional business hours. The proposed use will thus be compatible with the surrounding area. Please refer to Attachment B for staff’s complete analysis of the review criteria. Public Comment. Consistent with Section 9-4-3, Public Notice Requirements, B.R.C. 1981, staff provided notification to all property owners within 600 feet of the subject location of the application. Staff received letters of support for Alpine Training Center’s proposed use from Peak One Pool & Spa located at 1840 Commerce St, Unit H, and Evan Anderson of 14er Cannabis who operates out of 1840 Commerce St, Units A-F. Refer to Attachment E for public comment received. Conclusion. Staff finds that the proposed project meets the criteria of Section 9-2-15, “Use Review,” B.R.C. 1981 (refer to Attachment B). The proposal was approved by staff on December 14, 2020 and the decision may be called up before Planning Board on or before December 28, 2020. There is one Planning Board hearing during the call up period on December 17, 2020. Questions about the project or decision should be directed to the Case Manager, Sarah Shaffer at shaffers@bouldercolorado.gov. Attachments: A. Signed Disposition B. Analysis of Use Review Criteria C. Applicant’s Proposed Floor Plan D. Applicant’s Written Statement and Management Plan E. Public Comments Agenda Item 4B Page 3 of 21 USE REVIEW SECTION 9-2-15 Criteria for Review: No use review application will be approved unless the approving agency finds all of the following: (1) Consistency with Zoning and Non-Conformity: The use is consistent with the purpose of the zoning district as set forth in Section 9-5-2(c), "Zoning Districts Purposes," B.R.C. 1981, except in the case of a non-conforming use; The proposed personal training and wellness center is considered an “indoor recreational or athletic facility use”, which is defined in Section 9-16-1, General Definitions, B.R.C. 1981, as “an indoor facility where persons participate in recreational or athletic activities, including, without limitation, a martial arts school, dance studio, and an exercise and health club.” The property is located in the Industrial - General (IG) Zoning District, which is described in Subsection 9-5-2(c)(4)(B), B.R.C. 1981, as: “General industrial areas where a wide range of light industrial uses, including research and manufacturing operations and service industrial uses, are located. Residential uses and other complementary uses may be allowed in appropriate locations.” Per 9-6-1, Schedule of Permitted Land Uses, B.R.C. 1981, an “indoor recreational or athletic facility use” may be permitted in the zoning district with approval of a Use Review. The proposed 1,655 square-foot use will be located within existing tenant space in an existing multi- tenant building serving a variety of uses including a cannabis retailer, a pool and spa retailer, among other uses. (2) Rationale: The use either: (A) Provides direct service or convenience to or reduces adverse impacts to the surrounding uses or neighborhood; The proposed personal training center will provide a convenient service within a light industrial facility, to the larger industrial area, and to the East Boulder community. The proposed use will provide an option for physical training to the employees of adjacent businesses and residents of the surrounding neighborhoods in East Boulder. n/a (B) Provides a compatible transition between higher intensity and lower intensity uses; n/a (C) Is necessary to foster a specific city policy, as expressed in the Boulder Valley Comprehensive Plan, including, without limitation, historic preservation, moderate income housing, residential and non-residential mixed uses in appropriate locations, and group living arrangements for special populations; or n/a (D) Is an existing legal non-conforming use or a change thereto that is permitted under subsection (f) of this section; Attachment B - Analysis of Use Review Criteria Agenda Item 4B Page 4 of 21  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; The location of the proposal is within the general industrial area, in which a wide range of industrial and complementary uses are permitted. The proposal will be located within the existing building, will not change the design of the site or building, and is consistent with the use of the building as multiple tenant spaces. The proposed operating characteristics are not expected to negatively impact the use of nearby properties. Service offerings consist of private or small-group training sessions requiring reservations in advance, limiting the number of clients visiting the space in an orderly manner throughout the day. Additionally, many of the class offerings will be held outside of the traditional business hours of surrounding tenants, further limiting any impacts between the proposed use and surrounding business operations. Parking impacts are also limited since patrons can utilize parking outside of the business hours of surrounding uses.  (4) Infrastructure: As compared to development permitted under Section 9-6-1, "Schedule of Permitted Uses of Land," B.R.C. 1981, in the zone, or as compared to the existing level of impact of a non-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; The proposal is located within an existing building served by existing infrastructure. No changes to the site infrastructure are proposed nor required. As compared to other uses permitted in the zone, the proposed use will not adversely affect the infrastructure of the surrounding area. (5) Character of Area: The use will not change the predominant character of the surrounding area or the character established by adopted design guidelines or plans for the area; and The predominate character of the area will largely be unchanged as the proposal is to utilize existing tenant space within the facility with some minor interior changes. Per the applicant’s written statement, the previous use, while not permitted or licensed, was also a personal training facility in operation since 2009. A typical day includes 6-7 sessions, each of which is typically 50 minutes long. The subject property includes a total of 30 parking-spaces. While some training sessions will be held during standard business hours, 75% of classes will be offered outside of traditional business hours. With fewer employees and members present during standard business hours and with training sessions scheduled at varying times including during before and after typical work hours, the proposed use should not impact the existing character of the area. The subject property includes a total of 30 parking-spaces. While some training and wellness sessions will be held during standard business hours, the proposal is expected to provide a complementary parking arrangement to other businesses on the site. Further, the applicant has provided four on-site bicycle parking to accommodate alternate modes of transportation to and from the facility. n/a (6) Conversion of Dwelling 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 9-5-2(c)(1)(a), 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 Attachment B - Analysis of Use Review Criteria Agenda Item 4B Page 5 of 21 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. Not applicable; the proposal does not involve the conversion of a dwelling unit. Attachment B - Analysis of Use Review Criteria Agenda Item 4B Page 6 of 21 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 9-2, B.R.C. 1981, as applied to the proposed development. DECISION: DESCRIPTION: LOCATION: LEGAL DESCRIPTION: APPLICANT: OWNER: APPLICATION: ZONING: CASE MANAGER: VESTED PROPERTY RIGHT: APPROVED WITH CONDITIONS Use Review for an athletic training facility “The Alpine Training Center” (indoor recreational use) in an Industrial General zone. 1840 COMMERCE STREET, UNIT G See Exhibit A CONNIE SCIOLINO, THE ALPINE TRAINING CENTER 1840 COMMERCE PARTNERSHIP Use Review, LUR2020-00035 Industrial - General (IG) Sarah Shaffer No; the owner has waived the opportunity to create such right under Section 9-2-20, B.R.C. 1981. APPROVED MODIFICATIONS FROM THE LAND USE REGULATIONS: None. FOR CONDITIONS OF APPROVAL, SEE THE FOLLOWING PAGES OF THIS DISPOSITION. Approved On: December 14, 2020 Date By: Director of Planning & Development Services 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: December 28, 2020 Final Approval Date: Attachment A - Signed Disposition Agenda Item 4B Page 7 of 21 IN ORDER FOR A BUILDING PERMIT APPLICATION TO BE PROCESSED FOR THIS PROJECT, A SIGNED DEVELOPMENT AGREEMENT AND FINAL PLANS FOR CITY SIGNATURE MUST BE SUBMITTED TO THE PLANNING DEPARTMENT WITH DISPOSITION CONDITIONS AS APPROVED SHOWN ON THE FINAL PLANS. IF THE DEVELOPMENT AGREEMENT IS NOT SIGNED WITHIN NINETY (90) DAYS OF THE FINAL DECISION DATE, THE PLANNING DEPARTMENT APPROVAL AUTOMATICALLY EXPIRES. Pursuant to Section 9-2-12 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 if one was approved. Failure to "substantially complete" (as defined in Section 9-2-12) the development within three years or in compliance with the phasing plan, if one was approved, shall cause this development approval to expire. CONDITIONS OF APPROVAL 1. The Applicant shall ensure that the development shall be in compliance with all plans prepared by the Applicant on November 23, 2020 and the Management Plan and the written statement dated October 19, 2020, all on file in the City of Boulder Planning Department, except to the extent that the development may be modified by the conditions of this approval. a) The approved use shall be closed from 9:00 p.m. to 6:00 a.m. Monday-Friday and on Saturdays and Sundays. 2. The Applicant shall not expand or modify the approved use, except pursuant to subsection 9-2-15(h), B.R.C. 1981. Address: 1840 COMMERCE ST 2 Attachment A - Signed Disposition Agenda Item 4B Page 8 of 21 EXHIBIT A LEGAL DESCRIPTION (1840 Commerce Street) Lot 9, Boulder Industrial Park, according to the Plat of which is recorded in Plat Book 6 at Page 56, City of Boulder, County of Boulder, State of Colorado, together with that portion of the vacated alley as vacated by Resolution recorded July 30, 1957 in Book 1052 at Page 45 that reverts to said land by Operation of Law. 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The Alpine Training Center is a business categorized as an ‘indoor recreation or athletic facility’ located in the IG zoning district. A Use Review is required for this type of business to operate in the IG zoning district. Business History- The Alpine Training Center (also known as ATC) is a small locally owned athletic training facility located in east Boulder. The business, located at 1840 Commerce St, has been in operation at this location since November of 2009. Before The Alpine Training Center’s start, Unit G was a gym called Mountain Athlete. The current owner (Connie Sciolino) purchased the business, renamed it, and took over the lease from the previous owner. The Alpine Training Center did not establish a new use when it started in 2009. It continued the use that was established prior to the current owner taking over the lease. Along with offering daily classes, The Alpine Training Center hosts an annual fundraiser to help the non- profit advocacy group Protect Our Winters. Last year, the ATC community raised over $40,000 at this event. Current Operations- The Alpine Training Center is a small, specialized training facility that caters to athletes focused on skiing, climbing, and mountaineering. It offers a limited number of classes per day to a limited number of members who must sign up for the classes in advance. A typical day consists of 6-7 classes starting at 6am and finishing at 9pm. Each class is approximately 50 minutes long. 75% of the classes are outside of normal business hours (9am – 5pm). Prior to the statewide COVID restrictions limiting indoor group size, each class was limited to 8 people. Location & Parking- The Alpine Training Center is very compatible to its location. It offers a unique service for the local, east Boulder community and provides an option for physical training to the employees of the adjacent businesses and residential neighborhoods south of Arapahoe. Attachment D - Applicant's Written Statement and Management Plan Agenda Item 4B Page 12 of 21 To avoid conflicts and not burden any of the adjacent tenants during business hours, all class participants are instructed to park along Commerce St and Peak Ave. No other buildings share the street frontage of Commerce St and Peak Ave north of Ball Aerospace. This makes street parking readily available in the area to the limited number of class participants throughout the day. Community Support- Attached are letters of support for the continued use of the space by The Alpine Training Center from the two adjacent business owners. One letter is from Peak One Pool & Spa located at 1840 Commerce St, Unit H. The second letter is from Evan Anderson of 14er Cannabis who operates out of 1840 Commerce St, Units A-F. Attachment D - Applicant's Written Statement and Management Plan Agenda Item 4B Page 13 of 21 USE REVIEW WRITTEN STATEMENT Submit with your application. For your convenience, this form is also available as an electronic form on the Planning and Development Services web site at www.boulderplandevelop.net . You may type in your responses in the electronic form, and then print it to attach to your written statement. KEY INFORMATION Please provide the following information. Please type or print complete, detailed responses. Please also select use categories from the Boulder Revised Code Land Use Charts (Section 9-6-1(d)). EXISTING PROPOSED Use of existing building and land: Proposed use of buildings and land: Hours of operation: Hours of operation: Number of employees: Number of employees: (Please indicate full and part time) (Please indicate full and part time) Previous use of Unit G was for an indoor recreation facility/fitness center. Propose use for Unit G of building is for an indoor recreation facility/fitness center Zoned as IG Requires Use Review for this use M-F 6am - 9pm 1 full time 3 part time Attachment D - Applicant's Written Statement and Management Plan Agenda Item 4B Page 14 of 21 Estimated number of trips to site per day: Estimated number of trips to site per day: (Please indicate mode of transportation used (Please indicate mode of transportation used to reach the site.) to reach the site.) Uses on adjacent / surrounding properties: Narrative In the space provided below or in an attached letter, please type or print a narrative describing the proposal in specific detail. Only one written narrative is necessary per development project. 1 trip per day for athletes and employees Mode of transport: car or bike See written statement narrative Attachment D - Applicant's Written Statement and Management Plan Agenda Item 4B Page 15 of 21 CRITERIA In the space provided below, please indicate how the proposal will meet the Use Review criteria. 1. Consistency with Zoning and Non-conformity. The use is consistent with the purpose of the zoning district as set forth in Section 9-5-2, “Zoning Districts Established”, B.R.C. 1981, except in the case of a non-conforming use; 2. Rationale. The use either: (A) Provides a direct service or convenience to or reduces adverse impacts to the surrounding uses or neighborhood; (B) Provides a compatible transition between higher intensity and lower intensity uses; (C) Is necessary to foster a specific city policy, as expressed in the BVCP, including without limitation, historic preservation, moderate income housing, residential and non-residential mixed uses in appropriate location, and group living arrangements for special populations; OR (D) Is an existing legal non-conforming use or a change thereto that is permitted under subsection (e) of this section. Attachment D - Applicant's Written Statement and Management Plan Agenda Item 4B Page 16 of 21 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 the nearby properties; 4. Infrastructure. As compared to development permitted under Section 9-6-1, “Permitted Uses of Land”, B.R.C. 1981, in the zone, or as compared to the existing level of impact of a nonconforming use, the proposed development will not significantly or adversely affect the infrastructure of the surrounding area, including without limitation, water, wastewater, and storm draining utilities and streets. 5. Character of Area. The use will not change the predominant character of the surrounding area. 6. Conversion of Dwelling Units to Non-Residential Uses. Conversion of Dwelling 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 9-6-1(d), 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. Attachment D - Applicant's Written Statement and Management Plan Agenda Item 4B Page 17 of 21 ADDITIONAL CRITERIA FOR MODIFICATION TO NON-CONFORMING USES: A non-conforming use is described as any use of a building or use of a lot that is not permitted under Section 9-6- 1, “Schedule of Permitted Uses of Land”, B.R.C. 1981, but excludes a conforming use in a non-standard building or on a non-standard lot; a legal existing use that has been approved as a conditional use or a use review use, or a use approved pursuant to a valid special review or a use review approval. A non-conforming use also includes an otherwise conforming use, except a single dwelling unit on a lot, that does not meet the parking and residential density requirements, including, without limitation, the requirements for minimum lot area per dwelling unit; useable open space per dwelling unit, or required off-street parking requirements for Section 9-6-1, “Schedule of Bulk Requirements”, B.R.C. 1981. 1. Reasonable Measures Required: The applicant has undertaken all reasonable measures to reduce or alleviate the effects of the non-conformity upon the surrounding area, including without limitation objectionable conditions, glare, visual pollution, noise pollution, air emissions, vehicular traffic, storage of equipment, materials and refuse, and on-street parking, so that the change will not adversely affect the surrounding area; 2. Reduction in Non-Conformity / Improvement of Appearance: The proposed change or expansion will either reduce the degree of non-conformity of the use or improve the physical appearance of the structure or the site without increasing the degree of non-conformity; 3. Compliance with this Title / Exceptions: The proposed change in use complies with all of the requirements of this title: (A) Except for a change of a non-conforming use to another non-conforming use; and (B) Unless a variance to the setback requirements has been granted pursuant to Section 9-2-3, “Variances”, B.R.C. 1981, or the setback has been varied through the application of the requirements of Section 9-2-14, “Site Review”, B.R.C. 1981; and Attachment D - Applicant's Written Statement and Management Plan Agenda Item 4B Page 18 of 21 4. Cannot Reasonably be Made Conforming: The existing building or lot cannot be utilized or made to conform to the requirements of Chapters 9-6, 9-7, 9-8, and 9-9, “Use Standards”, “Form and Bulk Standards”, “Intensity Standards”, and “Development Standards”, B.R.C. 1981; and 5. No Increase in Floor Area Over Ten Percent: The change or expansion will not result in an increase in floor area of more than ten percent of the existing floor area. 6. Approving Authority May Grant Zoning Variances: The approving authority may grant the variances permitted by Subsection 9-2-3(d), B.R.C. 1981, upon finding that the criteria set forth in Subsection 9-2- 3(h), B.R.C. 1981, have been met. Attachment D - Applicant's Written Statement and Management Plan Agenda Item 4B Page 19 of 21 Attachment E - Public Comments Agenda Item 4B Page 20 of 21 October 17, 2020 To Whom it May Concern, I'm writing this letter in regards to the Alpine Training Center at 1840 Commerce Street in Boulder. I have been the neighbor of the Alpine training center for 11 years ( I occupy Unit A through F in the building) and we have coexisted very smoothly. My us e was very controversial when my business began and Connie has been accommodating and understanding in all occasions. Their business complements mine and also has offered my staff a very close option for physical training. I encourage the city to approve continued use by the Alpine Training Center at 1840 Commerce Street. I love my neighbor. Feel free to contact me directly at 303-886-7892 or Evan@14erboulder.com. Sincerely, Evan Anderson Attachment E - Public Comments Agenda Item 4B Page 21 of 21