4 - Call Up: 2950 Baseline - Use Review (LUR2009-00005)
MEMORANDUM
Call-Up Item
To: Planning Board
FROM: Jessica Vaughn, Planner I
I AT April 6, 2009
SuBji;.CT: Call Up Item: 2950 Baseline
Use Review (Application 4LUR2009-00005): Request to allow a 23,325
square foot retail grocery store to be located at 2950 Baseline Road_ This
approval is subject to call-up on or before April 20, 2009_
Attached is the disposition of approval for a Use Review to allow a 23,325 square foot
grocery store to be located at 2950 Baseline Road, within the Business Community-2
(BC-2) zone district (see Attachment A, Staff Disposition).
Background:
Originally, 2950 Baseline Road was a21,000 square foot Albertson's grocery store. In
1999, the space was converted into a fitness center for 24 Hour Fitness. Currently,
Sprouts Fanners Market grocery store occupies 19,323 square feet of the existing
building located at 2950 Baseline Road.
2950 Baseline Road is a 23,325 square foot building, of which Sprouts Farmers Market
occupies 19,323 square feet. The applicant is proposing to expand their retail grocery
store to occupy the full space. Pursuant chapter 9-6, "Use Standards," 13_R.C_ 1981 retail
sales greater than 20,000 square feet in the Business Community-2 (13(.-2) zone district
are required to go through the Use Review review and approval process.
2950 Baseline Road is within the BC-2 zone district which is defined as: "Business areas
containing retail centers sewing a number of neighborhoods, where retail-type stores
predominate."
Properties adjacent to 2950 Baseline Road are zoned Business Transitional-1 to the north,
Public to the east, and Business Community-2 to the south and west.
Proposal:
The applicant is proposing to expand the existing grocery store use into the entire space
that is existing at 2950 Baseline Road, 23,325 square feet (see Attachment B,
Applicant's Proposed Plans and Written Statement). This will constitute a use expansion
of 4,002 square feet. No additions to the existing building are being proposed with this
application.
Public Comment and Process:
Upon receipt of the application, staff mailed notice to all property owners within 600 feet
of the subject location notifying residents of the Use Review application. One response
to the Use Review application notification was received via telephone. The caller
expressed strong support for a grocery retail store to be located in this area.
Conclusion:
Staff finds that the proposed Use Review meets the relevant criteria pursuant to section 9-
2-15, "Use Review," B.R.C. 1981.
This proposal was approved by Planning and Development Services staff on April 3,
2009, and the decision may be called up before Planning Board on or before April 20,
2009. "There is one Planning Board meeting within the 14-day call up period, April 16,
2009. Questions about the project or decision should be directed to Jessica Vaughn at
(303) 441-4161 or vaughnjnabouldercolorado.gov.
Attachments:
Attachment A: Staff Disposition
Attachment B: Applicant's Proposed Plans and Written Statement
ATTACHMENT A
CITY OF BOULDER
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 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
PROJECT NAME: 2950 Baseline Road
DESCRIPTION: USE REVIEW: Request to expand existing grocery retail store of 19,323
square feet by 4,002 square feet for a total of 23,325 square feet at 2950
Baseline Road.
LOCATION: 2950 BASELINE ROAD
COOR: S01 W04
LEGAL DESCRIPTION: Exhibit A
APPLICANT: SPROUTS FARMERS MARKET
OWNER: Fit Properties, Inc., a Colorado Corporation
APPLICATION: Use Review, LUR2009-00005
ZONING: BC-2 (Business Community-2)
CASE MANAGER: Jessica Vaughn
VESTED PROPERTY RIGHT: NO; the owner has waived the opportunity to create such right
under Section 9-2-19, B_R.C. 1981.
FOR CONDITIONS OF APPROVAL, SEE THE FOLLOWING PAGES OF THIS DISPOSITION.
Approved On: 0 e
Da(e
By-
Ruth McHeyser, Executive Director of Community Planning
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: April 20, 2009
IN ORDER FOR A BUILDING PERMIT APPLICATION TO BE PROCESSED FOR THIS PROJECT, A
SIGNED DEVELOPMENT AGREEMENT MUST BE SUBMITTED TO THE PLANNING DEPARTMENT,
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. Failure to "substantially complete" (as defined in Section 9-2-12) the development within three
Address: 2950 BASELINE ROAD 3
years shall cause this development approval to expire.
CONDITIONS OF APPROVAL
1. The Applicant shall be responsible for ensuring that the development shall be in compliance with all
approved plans dated March 16, 2009 and the written statement dated January 15, 2009 on file in the
City of Boulder Planning Department.
2. The Applicant shall not expand or modify the approved use, except pursuant to Subsection 9-2-15(h).
3. The Applicant shall comply with all previous conditions contained in ADR2008-00187, except as may
be modified by this approval. A copy of the Administrative Review notice of Disposition for ADR2008-
00177 is attached as Exhibit B.
Address: 2950 BASELINE ROAD 14
EXHIBIT A
Our Order No: WC800 ,,6831.5
LEGAL DESCRIPTION
PARCEL 1:
A TRACTOF LAND LOCATED IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 5, TOWNSII[P 1 SOUTH, RANGE 70 WEST OF'T'HE' 6TH P.M., COUNTY OF BOULDER,
ST'ATF OF COLORADO, DESCRIBE?D AS FOLLOWS: COMMENCING AT" L'HF. NORTHWEST CORNER OF
SAID SECTION 5, THENCE SOUTH 89 DEGREES 58'50" EAST, 1320 FEET ALONG `T'HE NORTH
LINE OF SAID SECTION 5 TO TIIE NORTHWF:S"f CORNER OF THAT TRACTOF LAND CONVEYED
TO EVERETT WILLIAMS AND GEORGE C_ WILLIAMS AS DESCRIBED IN WARRANTY DEED
RECORDED IN BOOK I ISI AT PAGE 190 OF THE RECORDS OF BOULDER COUNTY, COLORADO;
THENCE. CONTINUING SOUTH 89 DEGREES 58'50" EAST, 11.13 FEET TO T HE NORTHWEST
CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SEC-1-10N 5;
THENCE CONTINUING SOUTH 89 DEGREES 58'50" EAST, 494.63 FEETALONG T'HF. NORTH
LINE OF SAID SECTION 5 TO THE SOUTH QUARTER CORNER OF SECTION :32, T'OWNSIIIP 1
NORTH. RANGE 70 WESTOF T'HF, 6TH P.M.; THENCE NORTH 89 DEGREES 58'50" WEST,
17.00 FEET ALONG THE NORTH LINE OF SAID SECTION S; THENCE SOUTH 0 DEGREES
02'30" EAST, 95.00 FEET TO THE NORTHWEST CORNER OF THAT TRACT OF LAND LEASED TO
THE AMERICAN OIL COMPANY AS DESCRIBED ON FILM 612 AT RECEPTION NO. 856348 OF
THE RECORDS OF BOULDER COUNTY, COLORADO, AND TIIE TRUE POINTOF BFGINNING;
THENCE NORTH 89 DEGREES 58'5"0" WEST, 177.89 FEET ALONG THE SOUTH RIGHT OF WAY
LINE OF BASELINE. ROAD AS DESCRIBED IN DEED RECORDED IN BOOK 1195 AT PAGE 550 OF
THE RECORDS OF BOULDER COUNTY, COLORADO, "T'O "THE MOST EASTERLY CORNER OF THAT
TRACT OF LAND AS DESCRIBED IN VACATION ORDINANCE NO. 3378, RECORDED ON FILM 634
AT RECEPTION NO. 877842 OF THE RECORDS OF BOULDER COUNTY, COLORADO; TI IENCE
WESTERLY, 101.23 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTH AND ALONG
TIIE NOR'T'HERLY LINE OF TTIAT TRAC'E' OF LAND AS DESCRIBED IN SAID VACATION
ORDINANCE NO. 3378T0 A POINT TANGENT, SAID ARC HAVING A RADIUS OF 2001.50
FEET, A DELTA ANGLE OF 2 DEGREES 53'52" AND BEING SOBTENDED BY A CHORD TI TAT
BEARS NORTH 87 DEGREES 0011" WEST, 101.22 FEET; THENCE NORTH 85 DEGREES 33,15"
WEST, 35.00 FEET ALONG THE NORTHERLY LINE OF TI [ATTRACT OF LAND AS DESCRIBED IN
SAID VACATION ORDINANCE NO. 3378 TO A POINT ON A LINE `T'HATIS 15.00 FEE'T'
EAS'T'ERLY, AT RIGIT'T' ANGLES FROM AND PARALLEL WITII THE EASTLINE OF TIIAT TRAC'E' OF
LAND LEASED TO McDONALD'S CORPORATION AS DESCRIBED ON FILM 630 AT RECEPTION NO.
874376 OF THE RECORDS OF BOULDER COUNTY, COLORADO; THENCE SOUTH 0 DEGREES
01'10" WEST, 7.96 FEET PARALLEL, WITH THE EAST LINE OFTHAT TRACT OF LAND AS
DESCRIBED ON SAID FILM 630 ATRECEPTION NO. 874376 TO A POINT ON THE PREVIOUS
SOUTII RIGHT OF WAY LINE OF BASELINE ROAD AS DESCRIBED IN SAID BOOK 1195 AT PAGE:
550; THENCE CONTINUING SOUTH 0 DEGREES 0110" WEST, 380.00 FEET PARALLEL WITH
THE EAST DINE O1 THAT`T'RACT OF LAND AS DESCRIBED ON SAID FILM 630 AT RECEPTION
NO. 87437G; THENCE SOUTH 89 DEGREES 58'50" FAST, 15.00 FEET; THENCE NORTH 0
DEGREES 0110" EAST, 15.00 FEET; THENCE SOUTH 89 DEGREES 58'50" EAST, 115.00
FEET; THENCE NORTH 0 DEGREES 0110" EAST, 40.00 FEET; THENCE SOU'T'H 89 DEERE-1S
58'50" EAST, 70.00 FEE'T'; TITENCF. NORTH 0 DEGREES 01'10" EAST. 164.94 FEET;
THENCE. SOUTH 89 DEGREES `18'50" EAST, 79.03 FEET; THENCE NOR'T'H 0 DEGREES 02'30"
WEST, 10.00 FEEI"T'O THE SOUTH LINE EXTENDED WESTERLY OF THAT TRACT OF LAND AS
DESCRIBED ON SAID FILM 612 AT RECEPTION NO. 856348; 'T'HENCE NORTH 89 DEGREES
57'30" EAST, 35.00 FEET ALONG 1*1IF SOUTH LINE EXTENDED WESTERLY OF TITAT TRAIL' OF
LAND AS DESCRIBED ON SAID FILM 612 ATRECEPTION NO. 856348 TO -['HE SOUTHWEST
CORNER THEREOF; TIIENCE NORTH 0 DEGREES 02'30" WEST, 150.02 FEET ALONG THE WEST
LINE OF THAT TRACT OF LAND AS DESCRIBED ON SAID FILM 612 AT RECEPTION NO.
856348 TO THE TRUE POINT OF BEGINNING, F.XCI'FL'ING TIIEREFROM 'T'HE BUILDINGS.
STRUCTURES, IMPROVEMENT'S AND APPURI'I,:NANCUS NOW LOCA'T'ED ON THE PROPERTY ABOVI,
~J
Our Order No: WC80026831-5
LEGAL DESCRIPTION
DESCRIBED, AS GRANTED IN CONVEYANCE FROM GEORGE C. WILLIAMS AND EVERETT
WILL[AMS'TO D & S PROPERTIES, A COLORADO GENERAL PART'NFRSIIIP RECORDED JULY 10,
1985 AT RECEPTION NO. 699221.
PARCEL 2:
THE BUILDINGS, STRUCTURES, 'T'OGETHER WITH ALL IMPROVEMENTS AND APPURTENANCES
THERETO AS CONVEYED IN A DEED FROM GEORGE C. WILLIAMS AND EVERETT WILLIAMS TO D
& S PROPERTIES, A COLORADOCENERAL PARTNERSHIP RECORDED JULY 10, 1985 UNDER
RECEPTION NO. 699221. WHICH BUILDINGS, STRUCTURES AND IMPROVEMENTS CONSTITUTE.
"LAND" AS DEFINED UNDER T'HE TERMS OF T'HF. POLICY, LOCATED ON THE FOLLOWING
DESCRIBED PROPERTY: A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF Till--'
NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 1 SOUTH, RANGE 70 WEST OF THE 6'm
P.M., DESCRIBED AS FOLLOWS: COMMENCING A`1" THE NORTHWEST CORNER 01, SAID SECTION
5, THENCE. SOUTH 89 DEGREES 58'50" EASE', 1320 FEET ALONG TI IF NORTH LINE OF SAID
SECTION 5T0 THE. NORTHWEST CORNER OFT HAT TRACTOF LAND CONVFYED TO EVERETT
WILLIAMS AND GEORGE C. WILLIAMS AS DESCRIBED IN WARRANTY DEED RECORDED IN BOOK
1151 AT PAGE 190 OF THE RECORDS OF BOULDER COUN'T'Y, COLORADO; THENCE CONTINUING
SOUTH 89 DEGREES 58'50" EAST, 11. 13 FEET TO THE. NORTHWEST CORNER OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 5; THENCE CONTINUING
SOUTH 89 DEGREES 58'50" EAST, 494.63 FEET ALONG "THE NORTH LINE OF SAID SECTION
5 TO THE SOUTH QUARTER CORNER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 70 WEST OF
THE 6TH P.M.; THENCE NORTH 89 DEGREES 58'50" WEST, 17.00 FEET ALONG THE NORTH
LINE OF SAID SECTION 5; "THENCE SOUTH 0 DEGREES 02'30" EAST. 95.00 FEET TO THE
NORTHWEST CORNER OF THAT TRAC'E' OF LAND LEASED TO THE AMERICAN OIL COMPANY AS
DESCRIBED ON FILM 612 AT RECEPTION NO. 856348 OF THE RECORDS OF BOULDER COUNTY,
COLORADO; THENCE NORTH 89 DFGREF,S 58'50" WEST, 298.86 FEET ALONG THE SOU'T'H
RIGHT OF WAY LINE OF BASELINE ROAD AS DESCRIBED IN DEED RECORDED IN BOOK 1195
AT PAGE 550 OF THE RECORDS OF BOULDER COUNTY, COLORADO, TO A POINT ON A LINE
THAT IS 30.00 FEEL' EASTERLY AT RIGHT ANGLES FROM THE FAST LINE OF THAT TRACT OF
LAND LEASED TO McDONALD'S CORPORATION AS DESCRIBED ON FILM 630 AT RECEPTION NO.
874376 OF T14E RECORDS OF BOULDER COUNTY, COLORADO; THFNCE SOUTH 0 DEGREES
01'10" WEST, 365.00 FEET PARALLEL TO T'HE EAST LINE OF T HAT'TRACT OF LAND
DESCRIBED ON SAID FILM 630, RECEPTION NO. 874376; THENCE SOUTTI 89 DEGREES
58'50" EAST, 19.00 FEET TO TILL' TRUE POINTOF BEGINNING; THENCE CONTINUING SOFTIE
89 DEGREES 58'50" EAST, 96.00 FEET; THENCE NORTH 0 DEGREES 01'10" EAST, 40.00
FEET; THENCE SOUTH 89 DEGREES 58'50" LAST, 70.00 FEET; THENCE. NORTH 0 DEGREES
01'10" EAST, 124.00 FEET; THENCE NORTH 89 DEGREES 58'50" WEST, 166.00 FEET TO A
POINTFROM WHICH THE TRUE POINT OF BEGINNING BEARS SOUTH 0 DEGREES 01' 10" WEST.
'T'HENCE SOUTH 0 DEGREES 01'10" WEST, 164.00 FEET TO THE. TRUF. POINT OF BEGINNING,
COUNTY OF BOULDER, STATE OF COLORADO. AS GRANTED IN CONVEYANCE FROM GEORGE. C.
WILLIAMS AND EVERETT WII,ILAMS TO D & S PROPERTIES, A COLORADO GENERAL
PARTNERSHIP RECORDED ,JULY 10, 1985 AT RECFPTION NO. 69922.1.
(C~
EXHIBIT B
CITY OF BOULDER
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
ADMINISTRATIVE REVIEW
NOTICE OF DISPOSITION
You are hereby advised that the following action was taken by the Planning Department:
DECISION: Approved
DATE: March 24, 2009
REQUEST TYPE: Minor Modification Standard
ADDRESS: 2950 BASELINE RD
APPLICANT: KATHLEEN WALP
CASE ADR2008-00187
LEGAL DESCRIPTION:
Lot, Block , Subdivision TR, 194-198 COMMERC
City of Boulder, County of Boulder, Colorado
DESCRIPTION:
MINOR MODIFICATION: Administrative Review of a tenant finish and changes to the existing building elevations for
19,323 SF Sprouts Farmers Market grocery store.
STANDARDS:
This approval is subject to the following standards. These standards most be met in order for the administrative review
approval to be valid.
REVIEW COMMENTS:
CITY REQUIREMENTS
Background:
Area Characteristics and Zoning History:
The facade changes to do not contradict area characteristics. The building is currently vacant.
Originally, the building held a 21 k Albertson's Grocery Store. For 20-30 years, the building was a fitness center, and
currently, the building is vacant.
The zoning is BC-2. This zoning category requires a Use Review for retail over 20,000 ft2.
FINAL DECISION STANDARDS
Approved as submitted.
INFORMATIONAL COMMENTS
This is approval is granted for the tenant finish of 19,323 square feet only. A Use Review approval is required for a tenant
finish over 20,000 square feet.
This approval does not constitute approval for construction. Building permit application and approval are required,
including landscape and lighting plans-
Please note that building height verification may be required Upon building permit application.
Please note that a sign permit is required for all new signage
Landscaping, Elizabeth Lokocz, 303-441-3138 r
Because the anticipated valuation of the proposed work exceeds 100% of the county assessor's current building
valuation, it is necessary to provide all current landscape requirements per Section 9-9-12(b)(1)(D) BRC 1981 including
but not limited to: street trees, parking lot screening from the right-of-way and adjacent lots, interior parking lot
landscaping, trash screening and overall minimum planting requirements. The street tree requirement may be met
through existing trees; however, the health of the existing trees is questionable and should be evaluated by a certified
arborist. If any are found to be in poor condition, replacements should be proposed.
A landscape plan shall be submitted with any other required revisions to the Use Review application- Refer to section 9-
9-12(d) BRC 1981 for a full list of what is required in all landscape plans. See the publication Landscape Requirements
for Streetscapes, Parking Lots and All Other Developments available on the web (www_bouldercolocado.gov) for a
summary of Sections 9-9-12 Landscaping and Screening Standards, 9-9-13 Streetscape Design Standards and 9-9-14
Parking Lot Landscape Standards.
If a Technical Document Review is required for this project, irrigation plans must be submitted at that time. If no TEC
review is required, the irrigation plan shall be required at Building Permit review.
This decision is final and may noZticaVaughn d. A e I st may be considered only as a new application
Approved By:
PI nning Department
ATTACHMENT B
LEGEND Larter"uury~~a
_ Cmbrd Burrless, k-
101 N Fit Am Suite 3100
SANITARY SEWER MANHOLP-t". An- 85003
EIRE HYDRANT
- - - - - BASELINE ROAD S • EXIS-PING S I REEL UGH fING
- - i EXISTING PARKING SPACES
• EXISTING PARCEL
_ Irv Trv ryp GROU140 - SITE ACCESS POINT
'--s=•+ ~3r ' LEASE ARFA -,l EXISTING WATER LINE
EXISTING SEWER LINE
..z TL
- - -,1 EXISTING VEGETATION
- - - - - - - - - - - -
\ _ I
GROUND LEASE AREA
PROJECT ADDRESS
I IrY, - I / f SPROUTS FARMFRS MARKET
I f I I I f~ r 2950 BASELINE ROAD
f I I I Service
IYV .I I i Ff/ fs f Lt I BOULDER CO,
N. I
. OWNER LANDLORD
^T7P _ I . f. LC
- } n I / fr {i) FIT PROPERTIES, INC nvMre usF nEmEwnasuW.mry
Irv, / - McDonalds I L TAP I P.O BOX 79
BOULDER 0080306
No; C , ~•y _ I ARCHITECT ! CONTACT
T 1 V++ / _ _
r I r- -
IP I I lFA f5,r-~~l' - _ _ _ s) - ` - [ CARTER BURGESS
f' f 101 NORTH I5T AVENUE SUITE 3100
13' I a PHOENIX AZ 85003
y r / CONTACT: 2
T 6504959 _
f Ir Lax °aN1 PHONE: (602) 6504959
r.
WITH,.
SrS's FAX: (602) 2531202
_ :UFALNG / III
~ / if ) r _ •;;1717tl I I EMAIL: kalhi.walp@)acoLsuxn
I ~ ~ ~ • 9 SITE DATA TABLE
i 40} isl in} a
DR2 r Sprouts Farmers Markel YP / I CASE L#: 157577U52002000U&oo181
PARCELq:003
[)ark z3,3z5s~n Shops ZONING: BC-2 lu narz 11F1rswalur
1 y 1 I 'IN^I LAND USE MUB
H0158
N. 1.C. f (}T 1Yp PROPOSED USE RETAIL GROCERY STORE
N .I,C.
1 - ~~,!Y. I BUILDING HEIGHT. 3473'-MFISUHEI7 FROM
C!1 P` I ILA i4 I I Il';I I rOWEST POINT OF GRADE PS INDICATED ON
x / ~L` ..1, I ILL SITE PLAN AND ELEVATIONS
l T~ (j}1 NW1/4 SECT 5, T: 1S. R:70W. 0008910,0000053
I ri I PARKING ®
Shops I SPROUTS FARMERS MARKET: x
N.I.C I F3W = 23,325 sq.fL 1300 78
Sp es o
L Total Spaces Required= 70 76 Spaces Q
I.A -.111 II I l',1 Total Spaces Provided=1185 - <0
11T11-FF[ I
(Total Spaces Provided indndes ADA Parking listed below) 0
f 1~
W
~TI~TI I MA Parking: O rA Z 0 M
I I^~~ I 76- 100 Re4uued Parking Spaces QxWV
T / Total ADA Spaces Required = d w N aD
Total ADA Spaces Provided 4 "W ( r gQ Q
Tyl,=1 Pkomq RequimmPnP. 90 V f ~.1_ ^(Yl -Q_ _ wee parking stalls 90- x 21'-U• min d pl p
60 "iee parking stalls 10'-5' x 21'0' min. k" N m
raox wri r e[ 5 a.D .r ~a FTr 'E SQUARE FOOTAGE _
cc - SPROUTS SQUARE FOOTAGE =23.325 sq 8
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PROPERTY LINE
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l[ >p - 11 TRAFFIC DIRECTION
f
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sNEW SPROUTS FARMERS MARKET IN Ex mcSPACE
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SITE PLAN
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FARMERS MARKET
2950 Baseline Road
Boulder, CO 80206
This application is in reference to the improvement of a former 24-hour Fitness located at 2950
Baseline Road and seeks Approval by the City of Boulder for a new Sprouts Farmers Market.
The existing site is currently zoned BC-2.
This Use Review application seeks to improve a vacant 23,325 square foot building. The extent
of the modifications includes the removal of various structures from the roof, including: a shed,
skylight, and a structural steel truss. Changes to the north fagade shall include the removal of
barrel and N" shaped elements. Improvements to the south side of the building include the
removal of: an approximately 8' x 10' glass block window; a metal smoke stack and excavation
of an existing truck well and the addition of a grease interceptor. Removal of an existing
window and door will comprise the west side changes.
We are aware that this Use Review may trigger requirements for certain aspects of the site to
be brought up to current Code requirements. While a final determination has yet the made on
this issue, we have discussed this with the staff and we have agreed that we will address this
subject no later than during the Use Review process.
Based on the land-use of a 23,325 square foot grocery store, the following are the estimated
new trips:
Weekday (24-hr) = 2,954 trips
AM peak = 76 trips
PM peak = 244 trips
This is based on the ITE (Institute of Transportation Engineers) Trip Generation, 7th Edition, a
standard reference used in our field.
Sprouts Farmers Market, an Arizona based company, is one of the nation's fastest growing
retailers. Sprouts specializes in a wide assortment of organic foods and farm fresh produce.
The hours of operation for the Sprouts Farmers Market will be 8:00 a.m. - 10:00 p.m. 7-days a
week.
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Written Statement
Sprouts- 2950 Baseline Road
Boulder, Colorado
January 15, 2009
Page 2 of 4
The proposed Sprouts Farmers Market is consistent with Section 9-2-15(e), B.R.C., 1981 and in
Section 9-2-15(f), B.R.C., 1981 _
(e Criteria for Review:
(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," BAC.
1981, except in the case of a non-conforming use
The proposed Sprouts Farmers Market Grocery Store use is consistent with the
purpose of the zoning district as set forth in Section 9-5-2, "Zoning Districts,"
B.R.C. 1981.
(2) Rationale: The Use either:
(A) Provides 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 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
(D) Is an existing legal non-conforming use or a change thereto that is permitted under
Subsection (f) of this Section;
The proposed Sprouts Farmers Market Grocery Store will provide direct service
and convenience to the surrounding neighborhood.
(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, size, design and operating characteristics of the proposed Sprouts
Farmers Market Grocery Store will be reasonably compatible with and have
minimal negative impact on the use of nearby properties. The original use of
development was a grocery store - returning to this original use mitigates the
potential negative impacts from nearby properties
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Written Statement
Sprouts- 2950 Baseline Road
Boulder, Colorado
January 15, 2009
Page 3 of 4
(4) Infrastructure: As compared to development permitted Section 9-6-1, "Schedule of
Permitted Land Uses," 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
adversely affect the infrastructure of the surrounding area, including, without limitation,
water, wastewater, and storm drainage utilities and streets;
The original use of development was a grocery store, therefore by returning to
this original use, the 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
The proposed Sprouts Farmers Market Grocery Store will not change the
predominant character of the surrounding area.
(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 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.
There will be no conversion of dwelling units to non-residential uses.
(i) Additional Criteria for Modifications to Non-Conforming Uses:
(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, adverse visual
impacts, 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-
Not Applicable
(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.
Not Applicable
Written Statement
Sprouts- 2950 Baseline Road
Boulder, Colorado
January 15, 2009
Page 4 of 4
(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 and Interpretations," B.R_C. 1981, or the setback has been
varied through the application of the requirements of Section 9-2-13, "Site Review,"
B.R.C. 1981.
Not Applicable
(4) Cannot Reasonably Be Made Conforming: The existing building or lot cannot
reasonably be utilized or made to conform to the requirements of Chapters 9-6, "Use
Standards," 9-7, "Form and Bulk Standards," 9-8, "Intensity Standards," or 9-9,
"Development Standards," B.R.C. 1981.
Not Applicable
(5) No Increase in Floor Area over Ten Percent: The change or expansion will not result in
a cumulative increase in floor area of more than ten percent of the existing floor area.
Not Applicable
(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.
Not Applicable
In general, we believe the City will benefit from both the proposed use and architectural manner
in which this project is to be developed.
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