5A - Consideration of a land use amap change for the property at 385 Broadway as part of the Year 2008 Boulder Valley Comprehensive Plan (BVCP) Mid-term ReviewCITY OF BOULDER
PLANNING BOARD AGENDA 1TEM
MEETING DATE: April 17, 2008
(Agenda Item Preparation Date: April 11, 2008)
AGENDA TITLE:
Public hearing and consideration of a land use map change for the property at 385 Broadway
as part of the Year 2008 Boulder Va11ey Comprehensive Plan Mid-term Review. This item is
continued from the March 20, 2008 Planning Board meeting.
REQUESTING DEPARTMENT:
Ruth McHeyser, Acting P]anning Director
Susan Richstone, Acting Long Range Division Manager
Chris Meschuk, Planner
EXECUTIVE SUMMARY:
The purpose ofthis item is to review the proposed Boulder Valley Comprehensive Plan (BVCP) land
use map change for the property at 385 S. Broadway as part of the 2008 Mid-Term Review to the
Boulder Valley Comprehensive Plan (BVCP). This item was continued from the Feb. 21, 2008
meeting in order to evaluate an altemative proposal for the property that would change the land use
designation on only a portion of the property, potentially mitigating the impacts to the adjacent
neighborhood. The board continued this item again on March 20, 2008 to allow staff to adequately
inform the neighborhood about the proposed change.
Staffinet with neighbors on two occasions, and had several phone and email conversations as well.
As a result of the meetings, representatives of the neighborhood drafted a letter, and every resident
on the 2200 block of Bluebell has signed the letter, with the exception of 2290 Bluebell (house just
west of 385 Broadway), as the house is currently vacant. The letter and signature pages are inc]uded
in Attachment C. The neighborhood supports the proposed land use map change for only a portion
of the site as proposed by staff, with two concerns: preventing access from Bluebell Avenue, and
protection of the residence at 2290 Bluebell, which is adjacent to the west side of the subject
property.
STAFF RECOMMENDATION:
Staff recommends that Planning Board approve the land use map change for the property at 385
Broadway as shown in Attachment A.
ANALYSIS:
Attachment A includes a map showing the proposed land use map change. Attachment B contains
the parcel report for the property, including background information, analysis and recommendations
for the land use map change.
The property is currently designated low density residential in the BVCP and is zoned low density
residential (RL-1). Under this current situation, the building isnon-conforming, and has had several
approvals to expand the building and modify the allowed uses in the 1960s and 1970s.
Originally, the property owner requested a land use map change from low density residential to
transitional business for the entire property. An alternate ]and use map change was proposed in the
February hearing which would split the land use designation on the lot, leaving the low density
residential designation on the west and north sides of the lot in order to provide a buffer to the
adjacent low density residential neighborhood. The objective of creating a buffer from the
surrounding residential is to reduce the impacts caused by expansion of the non-residential use
including vehicles, noise, traffic as well as the visual impacts and to provide a more appropriate
transition between the uses.
Staff investigated several scenarios with the assumption of a zoning change matching the split land
use map change. The zones investigated for their development and redevelopment potential on this
site were the existing low density residential (RL-1 and the transitional business zones. (BT-1 and
BT-2). A comparison of setbacks, open space requirements, parking standards, and floor area ratios
was undertaken with several scenarios.
Staff concluded that a land use designation change and resulting zone change that leaves a 25 foot
wide buffer ofthe existing residential land use designation, with the remainder ofthe parcel changed
to a transitional business ]and use designation results in the best scenario to reduce the potential
impacts to the surrounding residential, while still allowing for expansion or redevelopment of the site
for continued business use. For more information and analysis on the proposed land use map
change, see the parcel report in Attachment B.
At the request of the Planning Board, staff notified all the neighbors within 600 feet of the
property of a neighborhood meeting on April 1 to answer questions from the surrounding
property owners. As some of the neighbors could not attend the meeting on the 1 s`, staff met
onsite on March 26'h with several neighbors. The neighborhood meeting on April I was attended
by six neighbors, as well as the property owners.
During the meetings, questions about the development potential were discussed, and what
exactly the "buffer" of residential would achieve. Other questions about whether there could be a
mix of residential and business uses on the site were discussed. Many neighbors were most
concerned about site access from Bluebell, or the development of multiple access points for the
property including off of Bluebell. The neighbors expressed a desire to have access via Bluebell
restricted through an easement on the property or some other means. One resident at the
neighborhood meeting felt that no land use map change should be approved without this
restriction in place. The Boulder Revised Code only allows for one access point per property
(although this requirement has waiver criteria), and this property has a perpetual (permanent)
access easement the property currently has through NIST. In addition, the grade change between
Bluebell and the property would require an access drive reducing the development potential on
the site, and the traffic would have to travel from 22"d and Baseline to get to the property
entrance. More analysis of the access issues is included in the parcel report in Attachment B.
Approved By:
Y ~[/1 r~
Ruth McHeyser, cling Director
Planning Department
ATTACHMENTS
A: Map of proposed land use map change
B: Parcel report
C: Letter from the neighborhood
ATTACHMENT A
38~ Broadway
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Bluebell Avenue
'`Broadway'
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Existing Land Use
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Bluebell Avenue LR
Broadway,..
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Proposed Land l'se
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ATTACHMENT B
Request #2 385 S. Broadway St
~ Existing Conditions:
~ Baselin R
Baseline Rd Land Use Designation:
- _ ~ ~ Low Density Residential
mbine ~ ~ ~ Zoning: Residential -Low 1
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~ w ~ ~ Acreage of Site: i .12 acres
(48,918 SF)
luebell
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/ Proposed Changes:
l Land Use Designation:
Transitional Business (TB)
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Proposal & Recommendation:
As part of the 2008 Mid-Term review of the Boulder Valley Comprehensive Plan, the owner of this
property is requesting a land use designation map change from Low Density Residential to
Transitional Business. The building on the property has been used as medical offices since 1957, and
has been anon-conforming use since its construction. The property currently has no access to the
low density residential neighborhood to the north and east, and is accessed from a drive running
parallel to the frontage of the National Institute of Standards and Technology (KIST) complex.
Staff recommends approval of the change from low density residential to transitional business for the
portion of the site shown in pink below in order to provide an appropriate transition from the existing
residential neighborhood to existing and future transitional business uses on the site.
Agenda Item 5A Page~j
Request #2 385 S. Broadway St
BVCP Land Use Designations Existing City Zoning
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Site Description and Surrounding Context:
The site is located immediately north of the Federal Labs complex which is designated with a land
use of public, and has restricted access. To the east of the property is Broadway, across the street is
an apartment complex designated high-density residential, the RTDpark-and-ride lot, 27`h Way, and
a small office building designated Low Density Residential. Behind the office complex to the east is
the Martin Acres neighborhood. To the north and west of the site is a low density residential
neighborhood as well. The site is elevated above the residential neighborhood and access from
Bluebell Avenue or Sunnyside Lane is limited due to an approximately 10 foot change in grade
including a small retaining wall. The north and west edges of the property are heavily vegetated and
have numerous mature trees.
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of service/access road
Agenda Item SA Page #
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Request #2 385 S. Broadway St
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Land Use
The site has been used as professional office, specifically medical and dental uses, since 1957
when the building was constructed. Prior to the development of the site this area was vacant.
The Oak Park Corporation subdivided this area as the Oak Park Subdivision, and shortly
thereafter applied for a building permit to construct the medical building. The city denied the
building permit application due to the residential zoning, and upon appeal to the Board of
Adjustment, a variance was granted. In 1964 the building received a variance for an addition
which nearly doubled the size of the building (the west half is the addition), and in 1973 received
another variance to adjust the uses allowed within the building.
The topography and location of the property make access to any part of the residential
neighborhood difficult as Bluebell Avenue is approximately l 0 feet lower than the parking lot of
the Oak Park Medical Building.
Due to the recent closure of the old entrance to the NIST property, the only access to the property
is from a long access drive via Broadway. NIST has plans to construct a security fence in the
near future, further segregating this property from the laboratory use. The property lies opposite
Broadway from a slightly larger office building and across Broadway from high density
Agenda Item 5A Page ~
Request #2 385 S. Broadway St
residential use.
Trunsit
Numerous high frequency local and regional transit lines service this site, all which travel along
Broadway. Local routes include the Skip, Bound and 204. Regional routes include the AB, B,
DD, and G. A Multi-use path fronts the property along Broadway.
Environmentul Concerns
Two small portions of the western edge of the site are located in the 100 year flood zone and city
regulatory flood zone. These two small portions of the site contain dense vegetation, and a small
portion of parking lot.
Analysis:
• The current BVCP land use designation and zoning are low density residential, consistent
with the contiguous residential subdivision to the north and west. Changing the land use
designation from residential to transitional business would be consistent with the existing
uses on the site. The transitional business land use designation "is shown along certain
major streets of the valley. These are areas usually zoned for less intensive business uses
than in the General Business areas, and they often provide a transition to residential
areas."
• Policy 2.17 Protection of Residential Neighborhoods Adjacent to Non-residential Zones
and Policy 2.19 Compatibility of Adjacent Land Uses state that the city and county will
ensure that spill-over effects such as noise and visual impacts be mitigated. Due to the
immediately contiguous low density residential neighborhood, compatibility with
adjacent land uses is of concern. Rezoning and a subsequent by-right redevelopment
could result in a significant intensification of the site, negatively impacting the
surrounding residential neighborhoods. By retaining a 25 foot wide residential buffer on
the north and west sides of the property, the impacts of expansion ofnon-residential uses
closer to the residential are mitigated.
• If the land use designation change is approved for a portion of the property and a future
rezoning of the portion of the property designated transitional business is approved, the
existing building would become a conforming use. The building could be expanded, up
to the maximum allowed by zoning. However. section 9-9-2(e) B.R.C., 1981 states that
the area of the lot designated residential cannot be factored or used as part of the
expansion of the building unless approved through site review. This reduces the lot size
used for calculating FAR by approximately 10,000 square feet, and the maximum floor
area of the building is reduced by approximately 5,000 square feet. However, open space
and parking requirements may limit development on the site prior to reaching a maximum
floor area ratio. Using the BT-2 zoning standards, with the 25 foot residential buffer,
redevelopment of the site would be limited to a maximum building of approximately
19,400 square feet.
• The neighbors expressed a desire to establish a restriction on access from the property
onto Bluebell Avenue through dedication of an easement or some other means. The
property currently has a legal right to access off of Bluebell, and if a land use map change
were approved, that would not change. However, the property currently has access
through a perpetual easement across the Department of Commerce (KIST) property,
which was recently reconfigured. Residents were worried that if that access ceased to
exist, access will have to be taken on Bluebell Avenue, which would have a negative
Agenda Item 5A Page k$
Request #2 385 S. Broadway St
impact on the neighborhood. Staff agrees that business traffic traveling through the
neighborhood and down Bluebell would not be desirable, however, the property has a
perpetual (permanent) easement for access, and the grade differences between the
property and Bluebell Avenue would require a significant driveway cut into the property.
One point of access is allowed per 9-9-5(c)(1), BRC, 1981, unless a traffic study or site
plan is approved by the city that demonstrates additional accesses "would not impair any
public use of any public right-of--way, or create safety or operational problems, or be
detrimental to traffic flow on adjacent public streets."
• Chapter II, Section l.b(1) of the BVCP outlines the criteria for land use map changes
which may be considered for two body approval. This request is consistent with those
criteria and would require only planning board and city council approval.
Public comment:
All public comment received during the mid-term update related to this request. A mailing to all
owners within 600 feet of the property was sent out in advance of the open house. The following
written comments were received based on the original proposal to change the entire site's land
use designation:
1. Do you have any comments on the proposal?
• A change to transitional business zoning may make the map more compatible with
existing uses on the site, but the potential changes to the neighborhood as a result of map
change are unacceptable to us.
• Present use (doctor & dentist offices) is perfect for the residential area north and west
(Bluebell). Because of Broadway traffic residential use is not a useful idea. Noise
increases each year. If "compatibility with adjacent land uses" is to be observed it seems
advisable to leave this parcel of land just as it is, Low Density Residential with a
variance. There is a Feeling among the neighbors I have spoken with that the way this
property fits with the neighborhood, and has for 50 years, is quite acceptable and there
doesn't seem to be a good reason for changing the view of future plans, as in the
Comprehensive Plan. The four basic policies which I have circled would all indicate that
there is no need to change the plan for the future of the neighborhood.
• This proposal seems reasonable in view of the original and continuing use. My husband
practiced in this building for thirty years and our home has been at 2240 Bluebell for 42
years, and it is our plan to remain in this neighborhood. There seems to be no logical use
for this property other than Transitional Business, but in view of the impact on the
immediate area, there should be a definite restriction of height of any replacement
buildings. Two stories would be the maximum that seems appropriate to me.
• I am in favor of this property being rezoned to transitional business if the access road
remains as it is now. We live on Bluebell just north ofNIST and would never like to see
access to this property to a commercial building from Bluebell Ave.
• Yes! As property owners (lot 32, So. Oak Park - 2222 Bluebell Ave) we object to the
proposed zone change request which, if granted, would constitute a classic example of a
`'spot zone" legally prohibited by Boulder law.
2. As staff proceeds to analyze the proposal, are three specific issues or concerns that
you think should be addressed.
• It is a concern to change the "Land Use Designation" to an unknown when neighborhood
is quite satisfied with the present status. This is an ISOLATED property, not connected
Agenda Item SA Page #q
Request #2 385 S. Broadway St
with anything on the east side of Broadway except to cross, either under of over
Broadway to a parking lot or walk in the same direction north (over or under Broadway)
to Basemar Shopping Center. Neither of these facilities aze connected to 385 Broadway.
I have also noted that the office building on 27th Way is designated "Low Density
-Residential" (I assume with same variance as 385 Broadway). That seems adequate to us.
• We believe that this would be spot zoning which, we believe is illegal under Boulder law.
Please refer to: Clark vs. City of Boulder 362. P 2d.160
• 1. Make sure no higher density use than now.
2. Noise not increased
3. No domino effect on neighborhood zoning
4. No access off Bluebell
5. Screening by vegetation from residential neighbors.
• Whatever exceptions needed for perhaps a rehab of the building (perhaps a second story)
would be acceptable as long as the trees and bushes are kept to sepazate the offices from
the residential use on Bluebell. We designed and built our house in 1960.
• Height of any building on that site. Any change in the adjacent property other than
residential Certainly no access to the building by Bluebell.
• The lot just west of this property should never be sold to this property as additional
parking or building area.
• This legal issue has been litigated and ruled upon by the Colo. Supreme Court in a case
involving the property at the SW corner of Baseline and Broadway in the 1950's.
Since the revised proposal to change the land use designation on only a portion of the site, staff
held another neighborhood meeting to answer questions of residents about the revised proposal.
The residents then drafted a letter to the Planning Boazd stating their support for the proposed
change, with two outstanding concerns: preventing access from Bluebell Avenue, and protection
of the residence at 2290 Bluebell, which is adjacent to the west side of the subject property. The
letter was signed by all residents of the 2200 block of Bluebell Avenue, except 2290 Bluebell,
which is currently vacant.
Agenda Item SA Paget/®
ATTACHMENT C
March 26, 2008
TO: City of Boulder Planning Board
FROM: The undersigned are current owners and residents of properties on
the 2200 block of Bluebell Ave.
RE: Comprehensive Plan Land Use Map change for 385 Broadway
We are agreeable to the proposed Boulder Valley Comprehensive
Plan land use map change from Low Density Residential to Transitional
Business for the bulk of the property, leaving the Low Density Residential
designation on a 25-foot buffer on the west and north sides of the lot, as
recommended by Staff.
We understand that this change to the BVCP map will allow the
property owner(s) of 385 Broadway to request zoning change to either BT-1
or BT-2. We favor the BT-2 zoning because it has an FAR limit.
Our main concerns are:
1. To prevent access to/from businesses at 385 Broadway from Bluebell,
since that would have a negative impact on the very quiet residential
neighborhood of the 2200 block of Bluebell Ave.
• Therefore, we request that the City in cooperation with the landowner(s)
consider establishing a permanent easement on the north side of the
property in the buffer area to prohibit access to/from Bluebell Ave.
forever.
2. Protection of the residence at 2290 Bluebell Ave., which abuts 385
Broadway to the west.
• The proposed buffer zone. would be important for this purpose.
• In addition, the impacts on 2290 Bluebell Ave., including solar
access, of changes to the current building or of a new building should
be carefully evaluated.
In summary, our intent is to minimi~r. encroachment into the
residential area in the 2200 block of Bluebell Ave. while allowing for
improvements to the lot at 385 Broadway.
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