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Item 4A - 2660 Canyon Blvd URMEMORANDUM TO: Planning Board FROM: Alison Blaine, Case Manager DATE: August 8, 2023 SUBJECT: Call Up Item: Use review to convert 6,630 square feet of ground floor retail space to meeting space in the existing Marriott Hotel in the Business - Regional (BR-1) zone. The call-up period expires on August 16, 2023. ADDRESS: 2660 Canyon Blvd. PROJECT NAME: Boulder Marriott Hotel (Formerly Village Hotel PUD) CASE NO: LUR2023-00016 Attached is the Notice of Disposition of approval of a Use Review for the expansion of the existing hotel (Marriott Hotel) located in the Business Regional – 1 (BR-1) Zoning District. Pursuant to the “Use Standards” in Section 9-6-1, B.R.C 1981, a Use Review is required for hotel uses in the BR-1 zoning district. The proposed expansion of hotel uses also requires a use review pursuant to Ord. 8337 adopted by City Council on October 29, 2019. Refer to Attachment B for staff’s analysis of the Use Review Criteria. Planning Board may call up the decision on or before August 16, 2023. Please direct any clarifying questions during the call up period to the case manager at blainea@bouldercolorado.gov. Background. The subject property is located west of 28th Street on Canyon Boulevard, immediately adjacent to the Village Shopping Center. The Village PUD was approved in 1977 and originally included the H.R. Platts lot (now Marriott). The H.R. Platts subdivision was approved in 1984 and a PUD amendment in 1993 (P-92-4) approved Phase I of the hotel development. The two PUDs are now under different ownership but are tied together by a shared parking agreement. The site is surrounded by retail and commercial uses with the 29th Street Mall to the east and the Arapahoe Village Shopping Center to the south. Refer to Figure 1 for an aerial photo of the site. Figure 1. Vicinity Map 2660 Canyon Blvd. Item 4A - 2660 Canyon Blvd UR The site is zoned Business – Regional (BR-1), which is defined as “Business centers of the Boulder Valley, containing a wide range of retail and commercial operations, including the largest regional-scale businesses, which serve outlying residential development; and where the goals of the Boulder Urban Renewal Plan are implemented.” (Section 9-5-2(c)(2), B.R.C. 1981). See Figure 2. Figure 2. Zoning Map The property is also located within the Boulder Valley Regional Center (BVRC) and is subject to the BVRC Design Guidelines. Project Proposal. The applicant is requesting approval of a Use Review for the conversion of 6,630 square feet of ground floor retail space to conference/meeting room space to serve the patrons of the hotel. While the original approval allowed a mix of retail and meeting room spaces on the ground floor, subsequent minor modifications decreased the space dedicated to meeting rooms and increased the area dedicated for retail uses. The applicant is proposing to repurpose unused, vacant retail space. The project proposal will utilize the existing space floor area with no proposed building expansion and increase the square footage dedicated to meeting space to match more closely with what was originally approved. The interior reconfiguration will require two new egress doors along the eastern side of the building facing the parking lot. Two parking spaces will need to be relocated to accommodate the new egress doors. The site will restripe portions of the parking lot and the total number of on-site parking spaces will not change as part of this proposal. One space will be relocated along the eastern drive aisle (for parallel parking) and the other space will be relocated just to the south of the hotel. The conversion from retail to meeting rooms will not result in greater intensity or parking demand as the space will be used by patrons of the hotel and reduce the amount of high turnover parking designed to serve the accessory retail uses. Refer to Figure 3. Subject Property Item 4A - 2660 Canyon Blvd UR Figure 3. Proposed Plans Figure 4. Parking Plan Parking Space Relocation #1 Parking Space Relocation #2 Item 4A - 2660 Canyon Blvd UR Review Process. Pursuant to Section 9-6-1, B.R.C., hotels require a Use Review in the BR-1 zone district pursuant to Section 9-2-15, B.R.C. 1981. 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 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. The proposed expansion will serve the existing hotel use and is surrounded by another hotel and retail and commercial uses. Please refer to Attachment B for staff’s complete analysis of the review criteria and the conditions of approval can be found in Attachment A. 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 has not received any public comment. 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 August 1, 2023 and the decision may be appealed by the applicant or any interested person or called up by a member of the Planning Board on or before August 16, 2023. The applicant or an interested person may appeal the decision by delivering a written notice of appeal to the city manager. A member of the planning board may call up the decision upon written notification to staff or by making a verbal request, on the record, at a regularly scheduled board meeting. Questions about the project or decision or requests to call up the approval should be directed to the Case Manager, Alison Blaine at blainea@bouldercolorado.gov. Attachments: A.Signed Disposition and Approved Management Plan B. Analysis of Use Review Criteria C.Applicant’s Site and Floor Plan Item 4A - 2660 Canyon Blvd UR 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: APPROVED WITH CONDITIONS PROJECT NAME: BOULDER MARRIOTT HOTEL (FORMERLY VILLAGE HOTEL PUD) DESCRIPTION: Use Review to convert 6,630 sf of existing ground floor retail space to hotel / conference space. Related to BLD-NRE2022-00249. LOCATION: 2600 and 2660 CANYON BLVD LEGAL DESCRIPTION: See Exhibit A APPLICANT: JUSTIN PRICE, PEH ARCHITECTS CORY MANNIE OWNER: Summit Hospitality 131, LLC APPLICATION: Use Review, LUR2023-00016 ZONING: Business - Regional 1 (BR-1) CASE MANAGER: Alison Blaine VESTED PROPERTY RIGHT: 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: 08/02/2023____________________ Date By: Brad Mueller, 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: 08/16/2023 Final Approval Date: 08/17/2023 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 Attachment A - Disposition & Approved Management Plan Item 4A - 2660 Canyon Blvd UR 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 April 7, 2023 and June 20, 2023 and the Written Statement dated June 20, 2023, 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. 2. The Applicant shall not expand or modify the approved use, except pursuant to Subsection 9-2-15(i), B.R.C. 1981. 3. The Applicant shall comply with all previous conditions contained in any previous approvals, except to the extent that any previous conditions may be modified by this approval, including, but not limited to, the following agreements recorded in the records of the Boulder County Clerk and Recorder: •Development Agreement recorded at Rec. No. 01233583 (P-92-4; H-92-3); and •Development Agreement recorded at Film 1330, Rec. No. 00658435 (P-84-25 and H-84-10). Attachment A - Disposition & Approved Management Plan Item 4A - 2660 Canyon Blvd UR EXHIBIT A LEGAL DESCRIPTION (2600 AND 2660 CANYON BLVD) LOT 1, H. REGINALD PLATTS SUBDIVISION, AS RECORDED NOVEMBER 21,1984 IN PLAN FILE P-16, F- 4, NO. 44 OF THE RECORDS OF BOULDER COUNTY, COLORADO. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF BOULDER BY WARRANTY DEED RECORDED MARCH 16, 1993 ON FILM 1806 AS RECEPTION NO. 01273918 OF THE RECORDS OF BOULDER COUNTY, COLORADO. Attachment A - Disposition & Approved Management Plan Item 4A - 2660 Canyon Blvd UR CRITERIA CHECKLIST AND COMMENT FORM 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 project site is zoned Business-Regional 1 (BR-1) which is described as: “Business centers of the Boulder Valley, containing a wide range of retail and commercial operations, including the largest regional -scale businesses, which serve outlying residential development; and where the goals of the Boulder Urban Renewal Plan are implemented ” (Section 9-5-2(c)(2), B.R.C. 1981). The proposed conversion of retail to hotel use requires a use review pursuant to Ord. 8337 adopted by City Council on Oct. 29, 2019 as well as Section 9-6-1, B.R.C. 1981. The proposed hotel conversion is complementary to the other uses within the building, which has been operating as a hotel since 1992. The proposal is consistent with the underlying zoning and complementary to the other uses in the building as well as the surrounding commercial uses, including a hotel and shopping center. (2)Rationale: The use either: (A) Provides direct service or convenience to or reduces adverse impacts to the surrounding uses or neighborhood; The conversion will reduce impacts to the surrounding uses and will lessen the demand for high turnover retail parking in lieu of planned events primarily designed to serve guests of the hotel. 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 Attachment B - Use Review Criteria Analysis Item 4A - 2660 Canyon Blvd UR N/A (D) Is an existing legal non-conforming use or a change thereto that is permitted under subsection (f) of this section;  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 conversion of 6,630 sf of existing ground floor retail to conference space that will primarily serve hotel guests will not impact adjacent uses of nearby properties.  (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 conversion of existing uses will not impact the existing infrastructure. The surrounding street system is designed to accommodate the existing traffic, which will not be impacted.  (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 proposed conversion will not change the predominant commercial character of the area as the existing building already operates as a hotel. There is another hotel across the street to the west as well as retail and other commercial uses. 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 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 B - Use Review Criteria Analysis Item 4A - 2660 Canyon Blvd UR 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 AA BB CC DD EE FF GG HH 13 13 E.9E.9 F.6F.6 JJ J.2J.2 KK K.2K.2 LL6' - 5"UP DN SERVICE ELEVATOR UP DN ELEVATORS UP DN EXTENT OF 6,630 SF OF RETAIL USE TO BE CONVERTED TO HOTEL USE UNSHADED AREA WITHIN PROJECT WORK AREA IS EXISTING HOTEL USE, NO CHANGE. FLOOR PLAN LEGEND = (E) STRUCTURAL COLUMNS TO REMAIN = NOT IN SCOPE = (E) WALL = (N) WALL = EXTENT OF EXISTING RETAIL USE TO BE CONVERTED TO HOTEL USE (6,630 SF TOTAL) FD = FLOOR DRAIN, RE: PLUMB WH = WATER HEATER, RE: PLUMB FE = FIRE EXTINGUISHER 1/16" = 1'-0"1 OVERALL EXISTING FIRST FLOOR PLAN - USE REVIEW Project: Date :Drawn by: Checked by: 303-442-0408 Boulder, CO 80302 1720 14th Street Suite 100 PEH ARCHITECTS 4/3/2023 10:38:16 AMOVERALL FLOOR PLAN - EXISTING 2022.28 JSP 10/13/22 PEH 2660 Canyon Blvd Boulder, CO 80302 UR1 MARRIOTT - BOULDER TENANT FINISH 0'8'16' A200 No.Description Date 1 DESIGN DEVELOPMENT 11/30/22 2 ISSUE FOR PERMIT 12/21/22 3 USE REVIEW 4/7/23 Attachment C - Site & Floor Plans Item 4A - 2660 Canyon Blvd UR 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 AA BB CC DD EE FF GG HH 13 13 E.9E.9 F.6F.6 JJ J.2J.2 KK K.2K.2 LL UP DN SERVICE ELEVATOR UP DN ELEVATORS UP DN EXTENT OF 6,630 SF OF PROPOSED HOTEL USE CONVERTED FROM RETAIL USE. UNSHADED AREA WITHIN PROJECT WORK AREA IS EXISTING HOTEL USE, NO CHANGE. NEW EGRESS STAIRS, SEE EXISTING SITE PLAN NEW EGRESS STAIRS, SEE EXISTING SITE PLAN FLOOR PLAN LEGEND = (E) STRUCTURAL COLUMNS TO REMAIN = NOT IN SCOPE = (E) WALL = (N) WALL = EXTENT OF EXISTING RETAIL USE TO BE CONVERTED TO HOTEL USE (6,630 SF TOTAL) FD = FLOOR DRAIN, RE: PLUMB WH = WATER HEATER, RE: PLUMB FE = FIRE EXTINGUISHER 1/16" = 1'-0"1 OVERALL FIRST FLOOR PLAN - USE REVIEW Project: Date :Drawn by: Checked by: 303-442-0408 Boulder, CO 80302 1720 14th Street Suite 100 PEH ARCHITECTS 4/3/2023 10:36:53 AMOVERALL FLOOR PLAN - PROPOSED 2022.28 JSP 10/13/22 PEH 2660 Canyon Blvd Boulder, CO 80302 UR MARRIOTT - BOULDER TENANT FINISH 0'8'16' No.Description Date 1 DESIGN DEVELOPMENT 11/30/22 2 ISSUE FOR PERMIT 12/21/22 3 USE REVIEW 4/7/23 A201 Attachment C - Site & Floor Plans Item 4A - 2660 Canyon Blvd UR 10 SPACES11 SPACES11 SPACES15 SPACES9 SPACES 7 SPACES12 SPACES12 SPACES4 SPACES2 SPACES 2 SPACES 4 SPACES8 SPACES9 SPACES4 SPACES3 SPACES 3 SPACES 3 SPACES13 SPACES 14 SPACES 16 SPACES 8 SPACES 16 SPACESPROPOSED CHANGES TO EXISTING SITE USE REVIEW 4/7/23 USE REVIEW RESUBMITTAL 5/19/23 USE REVIEW - CORRECTED DOCUMENTS 6/20/23 2660 CANYON BLVD BOULDER, CO 80302 TOTAL EXISTING PARKING SPACES ON GRADE: 186 TOTAL PROPOSED PARKING SPACES ON GRADE: 186 ALL PARKING FIELD VERIFIED ON MARCH 27, 2023 NOTE: NOT A PARKING SPACE NOTE: NOT A PARKING SPACE. NOTE: NOT A PARKING SPACE. UP STAIR #2 UP13 SPACES - EXISTING11 SPACES - PROPOSEDNEW EGRESS STAIRS FROM INTERIOR ASSEMBLY SPACES. REDUCTION OF (2) EXISTING PARKING SPACES RE-STRIPE FOR ADDITION OF (1) NEW PARKING SPACES FOR SMALL CAR PARKING WITHIN EXISTING HATCHED AREA. NEW PARKING SPACES BEYOND EXTENT OF EXISTING WASTE ENCLOSURE GATE ACCESS. DIMENSIONS OF PARKING SPACE TO BE 7.75' W x 15' L, INCLUDING CURB STOP OVERHANG, TO MATCH EXISTING CONDITIONS. RE-STRIPE EXISTING ROW OF SMALL CAR PARALLEL PARKING FOR ADDITION OF (1) NEW PARKING SPACE, FOR A TOTAL OF 9 SPACES. DIMENSIONS OF PARKING SPACES TO BE 8' W x 20' L. NEW STRIPING SHOWN IN RED.8'-0"15'-0"Attachment C - Site & Floor Plans Item 4A - 2660 Canyon Blvd UR EXISTING GARAGE PARKING PLAN USE REVIEW 4/7/23 USE REVIEW RESUBMITTAL 5/19/23 2660 CANYON BLVD BOULDER, CO 80302 NOTE: NO CHANGES PROPOSED TO EXISTING PARKING IN GARAGE ALL PARKING FIELD VERIFIED ON MARCH 27, 2023 TOTAL PARKING SPACES IN GARAGE: 131STORSTOR(5) COMP (8) COMP(12) FULL (3) COMP STOR Attachment C - Site & Floor Plans Item 4A - 2660 Canyon Blvd UR