4 - Call Up: 5500 Flatiron Parkway Use Review (LUR2009-00050)
MEMORANDUM
TO: Planning Board
FROM: Karl Guiler, Plamncr 11
DATE: July 24, 2009
SUBJECT: CALL UP ITEM: 5500 Flatiron Parkway; USE REVIEW #
LUR2009-00050: Proposal to establish an "indoor recreational or
athletic facility" use within 6,000 square feet of an existing 37,000
square foot building located at the corner of Flatiron Parkway and 55th
Street. The use would be for a relocated Pilates Center - an athletic
facility offering private lessons and group classes to the general public
and training for specialized instructors.
Attached is the disposition of approval (Attachment A) to permit the proposed use within an existing
industrial/office building at the corner of i'latiron Parkway and 55`h Street within the IG, General
Industrial, zoning district (see Attachment 13). The subject site is a similar use to surrounding properties.
As stated within the applicant's written description (see Attachment C), the applicant is requesting
approval to relocate the existing Pilates Center, an athletic facility offering private lessons and group
classes to the general public and training for specialized instructors, from its existing location in the
Meadows Shopping Center (foothills Parkway & Baseline) to the located referenced above-
Per the land use code, "indoor recreational or athletic facilities" require Use Review in the IG zoning
district. As a Use Review application, the request can be approved if the criteria for Use Review (section
9-2-15(e), B.R.C. 1981) are met (see Attachment D for staff's full evaluation of the project's consistency
with the code criteria). Staff has found that the application would meet the criteria as summarized below:
1. Consistency with zoning [section 9-2-15(e)(I)]: The use has been found complementary to the
industrial and office uses in the area. IG zoning is generally considered, "areas that are used for a
wide range of light industrial uses, including research and manufacturing operations and service
industrial uses. Residential uses and other complementary uses may be allowed in appropriate
locations."
2. Fosters a Boulder Valley Comprehensive Plan (BVCP) policy [section 9-2-15(e)(2)1: Criterion 9-
2-15(e)(2), B.R.C. 1981 entails a number of options relative to the proposed use. Staff has agreed
with the applicant that the unique use, which promotes education and general wellness, would be
consistent with the BVCP Policies listed below, which are discussed in more detail in the attached
criteria checklist (Attachment D):
• 3.12, Parks and Recreation;
• 3.19, The Arts;
• 3.25, Support for Community Facilities;
• 5.03, Support for Local Business;
• 5.06, Industrial Zoning; and
• 5.12, Role of Arts and Cultural Programs.
3. Compatibility with the area/Consistency with character [section 9-2-15(e)(3) and (5)]: The
following potential impacts to neighboring tenants and lots have been identified and have not been
found detrimental to the character of the area:
I
• Number of employees and custonzejs- The general number of employees (16) and customers
(350) would not pose a significant impact to neighboring tenants and properties by virtue of
the fact that attendance would be staggered throughout the day and week with one hour
trainings for customers and alternating shifts for employees. The applicant notes that it would
be rare for more than 15 patrons an hour-
• Parkin - At times of peak usage and employee attendance, more than 20 spaces may be
required; however, this is not considered to present an impact to surrounding uses or
properties, since the site has more than adequate parking with more than 75% more spaces
than is required (i.e., 162 spaces where 92 are required). Further, the site is well served by
bus routes (e.g., S, 206, 208, and 226) providing an alternative to driving.
• Noise- Some athletic facilities are known to produce noise from the abundance of customers
at one time, the noise output from mechanized and/or heavy exercise equipment and loud
music. The Dilates Center is based on a different exercise environment, which the applicant
describes as "a quiet, office-like environment with no loud music or shouting allowed." The
space would have less numbers of patrons than other larger athletic centers and uses more
mat-type and non-mechanized exercise equipment, which produces little noise.
Based on these factors, it is concluded that the location, size, design, and operating characteristics of
the proposed use would be reasonably compatible with and will have minimal negative impact on the
use of nearby tenants or properties. Based on the conditions of approval, if the intensity of the use
changed such that impacts would increase, a new Use Review would be required. During the course
of the staff review, no neighborhood comments have been received.
The proposal was approved by Planning and Development Services staff on July 23, 2009 and the
decision may be called up before Planning Board on or before August 6, 2009. There is one Planning
Board meeting within the 14-day call up period on August 62009. Questions about the project or
decision should be directed to Karl Guiler at (303) 441-4236 or gt~tilerk(&-bouldercolorado.gov. Karl
Guiler with be out of the of/ice from July 20 to August 3riz and will be available on August 4'' and
August S`h or at the call-tip portion of the Planning Board hearing on August 6'' should there be any
questions.
Attachments:
A) Notice of Disposition dated July 23, 2009.
B) Vicinity map.
C) Applicant's written statement and associated attachments.
D) Staff responses to Use Review criteria.
1') Floor plans.
F) Site plan.
a~
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 WITH CONDITIONS
PROJECT NAME: THE PILATES CENTER
DESCRIPTION: USE REVIEW: Proposal to establish an "indoor recreational or athletic
facility" use within 6,000 square feet of an existing 37,000 square foot
building located at the corner of Flatiron Parkway and 55th Street. The use
would be for a relocated Pilates Center - an athletic facility offering private
lessons and group classes to the general public and training for
specialized instructors.
LOCATION: 5500 FLATIRON PARKWAY
COOR: N04E01
LEGAL DESCRIPTION: Lot 1, Flatiron Industrial Park, Gemini It Associates Filing,
County of Boulder, State of Colorado
APPLICANT: Taylor Sisters Inc, d/b/a The Pilates Center
OWNER: 5500 Flatiron, LLC
APPLICATION: Use Review, LUR2009-00050
ZONING: IG
CASE MANAGER: Karl Guiler
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: ` l S ,
Dat -
By:
n; id Driskell. Execx ive 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: Aygvs~ 200`
Address: ((CSM ADDRESS))
3
IN ORDER FOR A BUILDING PERMIT APPLICATION TO BE PROCESSED FOR THIS PROJECT, A
DEVELOPMENT AGREEMENT MUST BE SIGNED AND RECORDED. 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
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 June 10, 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), B.R.C.
1981.
3. This approval is limited to an indoor recreational use and athletic facility operated consistent with the applicant's
written statement and associated attachments dated July 6, 2009. The initial tenant shall be The Pilates Center.
Any new tenant, prior to occupying the property, shall be subject to the review and approval of the Planning
Department, to ensure compliance with this approval.
Address: cCSM ADDRESSo j~
ATTACHMENTR -
City of Boulder Vicinity Map
i IG'-
IM f
f Q
(D
Flatiron Py
Subject Area
5500 Flatiron Pkwy
4 '14
IG
Subject
Legend
x'-~ - -
City Limit
Location: 5500 Flatiron Pkwy
Project Name: Flatiron Industrial Park City of ~'W\
Review Type: Use Review Boulder
Review Number: L UR2009-00050 NORTH I he information depicted on this map is provided
as graphical representation only. The City of Boulder
Applicant: Taylor Systers, Inc piovides no warranty, expressed or implied, as to
1 inch = 300 feet the accuracy and/or completeness of the information
d/b/a The Pilates Center contained hereon
ATTACHMENT C
USE REVIEW WRITTEN STATEMENT
THE TAYLOR SISTERS, INC., D/B/A THE PILATES CENTER
USE REVIEW 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:
The Taylor Sisters, Inc., d/b/a The TPC proposes to use the Site as a
Pilates Center ("TPC") understand that the Pilates studio. TPC's business plan
existing building and land located at 5500 consists of two distinct facets: (1 Pilates
Flatiron Parkway, Boulder, Colorado 80301 teaching sessions with professional
("Site"), has been used as an industrial instructors in either individual or small group
building/location since its inception, settings on weekdays (Monday through
including some office space, restroom Saturday); and (2) Pilates teacher training
facilities, and relatively open industrial for aspiring professional Pilates instructors,
workspace with some division of workspace and continuing education classes for
by cubicles or other means. TPC further established professional Pilates instructors,
understands that the Site was previously on eight (8) weekends (Friday evening
occupied by Roque Wave Software, Inc. through Sunday) each year. Notably, TPC
("Roque Software"), and that the two understands that the Site has been vacant
existing tenants of the Site are: (1) Roque since approximately December 1, 2007.
Software, which has permitted uses of TPC's proposed use of the Site would result
software research and development and in an increase in periodic use, as customers
associated office functions; and (2) come and go from their scheduled Pilates
AeroSolutions, LLC ("AeroSolutions"), which classes but such use also would be
has permitted uses of research and staggered or alternating by virtue of the
development, manufacturing, warehousinq scheduiing of all customers for one (1) hour
and associated office functions. Roque sessions. Additionally, TPC's provision of
Software creates leading C++ software Pilates training services is a quiet endeavor.
applications for businesses and the Site's Thus, TPC believes that the net effect of
location in a quiet industrial park provides such periodic but alternating use would be
an office-like setting for Rogue Software's substantially similar to the existing uses.
corporate headquarters. AeroSolutions is a The proposed Pilates studio requires a
leader in the tower infrastructure industry, limited redesign of the Site's floor plan to
primarily utilizing the Site to manufacture accommodate distinct training and teaching
tower structures and products. Roque areas, as well as separate administrative
Software and AeroSolutions collective) offices and gender-specific locker room
have larger employee workforces than TPC facilities for both customers and employees.
but unlike TPC's business operation, they On the whole, however, the existing
do not have a regular customer base configuration and uses of the Site provide a
periodicalky visiting the Site. However, their building with well-suited facilities in a central
operations tend to require greater frequency location that will allow TPC to relocate its
of visits by suppliers and employees than Pilates studio without inconveniencing its
would TPC. existing or future customers.
(O
USE REVIEW WRITTEN STATEMENT
Hours of Operation: Hours of Operatibn:
TPC understands that Roque TPC's Proposed Pilates studio would
Software and AeroSolutions both operate be open for trahn sessions during the
on a work schedule of 8:00 a.m. to 6:00 weekdays from 7:00 a.m. to 8:00 p.m. on
p.m. on Monday through Friday of each Monday through Thursday, from 7:00 a.m.
week (excluding certain holidays), while to 4.00 p.m. on Fridays, and from 7.00 a.m.
typically being -closed for business on the to 1:00 p,m. on Saturdays. Moreover, on
weekend (Saturday and Sunday); provided, eight (8) weekends a year, PC would be
however, that Roque Software and open for teacher training and continuing
AeroSolutions may have occasionally held education classes from 4:00 p.m. to 7:00
weekend functions at the Site. P.m. on Fridays, and 9:00 a.m. to 4:00 p.m.
on Saturdays and Sundays.
Number of Employees: Number of Employees:
TPC understands that Rogue TPC will have the following number
Software has approximately fifty-five (55) of employees and individuals to staff the
employees: and that AeroSolutions has proposed Pilates studio:
approximately twelve (12) employees at the approximately six (6)
Site. administrative staff members:
• approximately eight (8)
professional Pilates teachers: and
_ the two (2) owners of TPC,
the Taylor Sisters.
Note that for the weekend Plates
teacher training workshops and seminars,
TPC typically employs one (1) to two (2)
teacher trainers for a class of up to
approximately forty (40) customers.
7
USE REVIEW WRITTEN STATEMENT
Estimated Number of Trips to Site Estimated Number of Trips to Site
Per Day: TPC estimates that Roque Per Day: TPC estimates that there would
Software generates approximately sixty-five be up to approximately fifty (50) customers
(5) to eighty-five (85) trips to the Site per per day, as well as up to approximately
day (mostly consisting of employees sixteen (16) employees (including the Taylor
commuting to and from the Site, including Sisters), per day at the proposed Pilates
for lunch outings, plus suppliers, postal studio. Thus, the estimated number of day
officials, customers, etc.). TPC estimates trips is approximately seventy-five (75). The
that AeroSolutions generates approximately customers would be spread out over the
twenty (20) to thirty (30) day trips at the Site course of each business day, however,
(again consisting largely of employee trips, because all customers will be scheduled for
including lunch outings, but also includinq one (1) hour sessions at the proposed
sales representatives suppliers, customers, Pilates studio (except for weekend teaching
postal officials, etc.). classes when the adjacent and surrounding
businesses would typically be closed).
Additionally, employees will be scheduled to
work various shifts, so TPC does not
anticipate that all fifteen (15) employees
would typically be present at any given time
at the proposed Pilate_ s studio. Accordingly,
TPC anticipates that the staggered use will
prevent parking or access overlap issues.
Use on Adjacent/Surrounding Properties:
The Site is currently zoned IG (industrial - General), which allows for a variety of
industrial uses, covering a wide range of light industrial uses from research and manufacturing
to service industrial uses to other complementary uses where appropriate. pursuant to the
provisions of Section 9-5-2(c)(4)(A), B.R.C. (1981), Overall, the Site presents a relatively quiet
and professional industrial environment that will complement the proposed Kates studio use.
which will strive to maintain a tranquil and studious environment for its customers (e.q., there
will be no loud music or shouting permitted in the Pilates studio).
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.
The Pilates Center
Organizational Overview
TPC is a private, for-profit S Corporation that was founded in 1990 by sisters
Amy Taylor Alpers and Rachel Taylor Segel ("Taylor Sisters"). The Taylor Sisters were
trained in New York City at The Pilates Studio and were certified in Pilates training by
Romana Kryzanowski, heir to the classical tradition of Joseph Pilates.
TPC's central mission is to raise the caliber of both Pilates teaching and teacher
training on a global scale. As noted above, TPC's Business Plan consists of two distinct
aspects: (1) to provide professional teacher training and education through TPC's
b
USE REVIEW WRITTEN STATEMENT
world-renowned training programs, as well as to offer continuing education programs for
professional Pilates teachers; and (2) to teach Pilates to the general public in both
group and private settings.
TPC first opened as a Pilates studio in 1990, offering private and group classes
for individuals of all ability levels. Today, TPC services more than one thousand three
hundred (1,300) active clients, averaging approximately three hundred fifty (350) clients
per week. TPC's normal hours of operation for Pilates training sessions are 7:00 a.m.
to 8:00 p.m. on Monday through Thursday, 7:00 a.m. to 4:00 p.m. on Fridays, and 7:00
a.m, to 1:00 p.m. on Saturdays; and for TPC's Pilates teacher training sessions and
continuing education seminars, the studio is open from 4:00 p.m. to 7:00 p.m. on
Fridays, and from 9:00 a.m. to 4:00 p.m. on Saturdays and Sundays.
In 1991, TPC established the Teacher Training Program with the assistance of
Romana Kryzanowski and Steve Giordano, and the Teacher Training Program has
since been characterized as the "the Harvard of Pilates Teacher Training Programs."
The year-long Teacher Training Program requires 900 hours to complete, thus offering
the most rigorous training in the worldwide Pilates industry. The Teacher Training
Program is governed by the State of Colorado, Department of Higher Education,
Division of Private Occupational Schools. Students who complete the Teacher Training
Program are awarded a diploma. On average, TPC accepts forty (40) students a year
into the Teacher Training Program and, to date, has more than four hundred (400+)
graduates around the world.
TPC also offers:
• A Preparatory Program (available as either an intensive three (3) or six (6)
month course) designed to prepare a student to achieve an intermediate-advanced level
of proficiency in order to be considered for the Teacher Training Program;
• The industry's first Master's Program open to all graduates of
comprehensive Pilates training programs, which is approved by the and regulated by
the Colorado Department of Higher Education, Private Occupational School Board, and
which requires the completion of ninety six (96) hours of advanced Continuing
Education Courses at TPC and/or by Approved Presenters at locations worldwide
during a three (3) year period;
• Approved Master's Program Workshops at locations outside of Boulder,
Colorado, taught by Approved Presenters who have graduated from TPC and have a
minimum of five (5) years prior teaching experience;
• Continuing Education Workshops approved by the Pilates Method Alliance
and designed to provide professionals with graduate-level continuing education courses
in various aspects of Pilates, which courses can be taken either individually or for credit
towards the Master's Program;
• Traveling Workshops presented by TPC staff at host studios worldwide;
7
USE REVIEW WRITTEN STATEMENT
• Licensed Studio and Licensed Teacher Training Faculty Affiliations -
Beginning in 2008, TPC licensed its Teacher Training Program to select graduate
Pilates studios, and there are presently seven (7) such Licensed Studios located around
the world.
• Additionally, in the fall of 2008, TPC developed a Continuing Education
Advisory Board ("Board") to assist in new product development, and to provide industry
expertise and leadership in the professional Pilates field. The Board is comprised of the
Taylor Sisters and five (5) of TPC's most accomplished faculty members (known as
"Licensed Teacher Trainers") from around the world.
TPC presently offers the following Pilates teaching and teacher training programs
in Boulder, Colorado:
• Between six (6) and twelve (12) Pilates group training classes per day,
consisting of four (4) to a maximum of eight (8) customers plus the teacher per class,
from Monday through Saturday of each week (excluding certain holidays);
• Between two (2) and five (5) Pilates private training sessions per hour
(depending upon the class schedule), consisting of one (1) customer plus the teacher
per session, from Monday through Saturday of each week (excluding certain holidays);
and
• Eight (8) specialized Pilates teacher training workshops and lectures, as
well as continuing education classes, on weekends (Friday evening through Sunday)
scheduled throughout the year, consisting of approximately forty (40) customers plus
one (1) or two (2) teachers per program.
TPC's staff in Boulder, Colorado consists of approximately eight (8) teachers, six
(6) administrative staff and the two (2) owners of TPC; and TPC's facilities comprise a
fully-equipped Pilates studio, consisting of seven (7) Universal Reformers, two (2)
Cadillac's/Trapeze Tables, four (4) Pole Systems, five (5) Low Chairs, one (1) High
Chair, one (1) Ped-O-Pul, one (1) Ladder Barrel, and several additional barrels of
various sizes. TPC is seeking to relocate its facilities from a 3,000-square foot studio
located at 4800 Baseline Road, Suite D206, to a new facility of approximately 5,000
square feet at the Site located at 5500 Flatiron Parkway in Boulder, Colorado 80301.
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,"
B. R. C. 1981, except in the case of a non-conforming use;
The Site is zoned IG (Industrial - General), which is defined as a general
industrial area where a wide range of light industrial uses, including research and
manufacturing operations and service industrial uses are located, and where
/D
USE REVIEW WRITTEN STATEMENT
complementary uses may be allowed in appropriate locations, Section 9-5-2(c)(4)(A),
B.R.C. (1981). TPC is seeking Use Review to permit use of the Site as an "indoor
recreational or athletic facility" - specifically for a Pilates training and teaching studio -
within the meaning of Section 9-6-1, Table 6-1, B.R.C. (1981). Under the Schedule of
Permitted Land Uses, as set forth in Section 9-6-1, B.R.C. (1981), an "indoor
recreational or athletic facility" is permitted in an IG zone if approved by Use Review.
Accordingly, if TPC otherwise meets the criteria for approval of this Use Review, then
the proposed use as a Pilates studio is consistent with the iG zoning that pertains to the
Site.
The proposed use of the Site as a Pilates studio is consistent with the purpose of
the IG zone for the following reasons:
2. Rationale. The use either.
(A) Provides a direct service or convenience to or reduces adverse impacts to
the surrounding uses or neighborhood;
The proposed use will benefit the surrounding uses or neighborhood by offering
Pilates services to not only neighborhoods and businesses adjacent to or surrounding
the Site, but also to the general public at a centrally-located site in Boulder, Colorado.
TPC serves a broad range of existing clients in and around Boulder, Colorado, and the
Site's central location will facilitate convenient provision of TPC's Pilates services to
both existing and new customers, without adversely impacting the surrounding industrial
and other uses. TPC's current facility is located within relatively close proximity to the
proposed Site, such that relocating to the Site in accordance with this Use Review will
continue to conveniently serve TPC's existing customers, while also presenting a
convenient, central location for new customers to discover the Pilates services that TPC
professionally provides.
(B) Provides a compatible transition between higher intensity and lower
intensity uses;
The proposed use of the Site will provide a compatible transition between the
traffic on Foothills Parkway and 55th Street and the residential and industrial areas
located nearby.
(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
The proposed use of the Site will foster several BVCP policies. For example,
TPC's use of the Site will further BVCP Policy No. 3.12, which encourages service
entities to provide an adequate range of recreational opportunities for the local
ll
USE REVIEW WRITTEN STATEMENT
population, TPC's use of the Site also will promote BVCP Policy No. 3.25, which
expresses support for facilities that provide educational services to the local community.
Use of the site by TPC will additionally foster BVCP Policy Nos. 3.19 and 5.12, which
recognize the importance of encouraging artistic and cultural services that enhance the
education, entertainment and aesthetic experiences of the local community, as well as
attracting new businesses and enhancing the general quality of life. Similarly, use of
the Site by TPC will foster the policy of supporting local businesses as expressed in
BVCP Policy No. 5.03, which encourages the retention, expansion and entrepreneurial
activities of existing local businesses, and the maintenance of a positive climate for
such businesses; the policy of BVCP Policy No. 5.05, which encourages local
employers to provide employment opportunities for all persons; and the policy of BVCP
Policy No. 5.06, which encourages industrial zones to accommodate a broad range of
various types and uses where compatible.
(D) Is an existing legal non-conforming use or a change thereto that is
permitted under subsection (t) of this section;
N/A.
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;
TPC believes that the proposed use of the Site will be harmonious with the
surrounding industrial uses, and will be reasonably compatible with and have a minimal
negative impact, if any, on nearby residential uses. The proposed use is consistent with
the historical, non-residential use of the Site, and to the best knowledge and belief of
TPC, there have not been any major conflicts between such historical use of the Site
and uses on surrounding properties. Thus, it appears that the existing uses of the Site
have been compatible with the surrounding neighborhood.
TPC believes that there will be adequate parking space for the proposed Pilates
studio at the Site and, therefore, that parking issues will not have a substantial negative
impact on nearby properties for the following reasons. First, TPC does not expect a
substantial increase in the amount of customers at the proposed Site as compared to
TPC's existing location. While there is a gain of approximately 2,000 square feet of
space at the Site when compared with TPC's existing location, roughly one-half ('/z) of
the increased space will be dedicated to increased administrative office space (there
are presently two (2) to three (3) staff members sharing each office at the existing
location, whereas the Site will have four (4) separate offices and two (2) additional staff-
trainee lounge areas added); and the remaining one-half ('/2) of the increased space will
be used to increase TPC's teaching areas (which are also somewhat cramped at the
existing location). The minimal increased space for the Pilates training studio at the Site
/X
USE REVIEW WRITTEN STATEMENT
will accommodate, at most, only about four (4) to eight (8) additional pieces of Pilates
equipment, with a resulting commensurate increase in customer load of approximately
only four (4) to eight (8) customers per hour over the existing location.
Second, as noted above, TPC's business plan consists of both client teaching
and teacher training programs. TPC estimates, based upon past business experience,
that use of the proposed Site would average approximately three hundred fifty (350)
Pilates customers per week in total for both TPC's client training and teacher training
programs taken together. TPC further estimates, based upon past business
experience, that the highest hourly load at the proposed Pilates studio would be an
average of fifteen (15) customers. During the weekend teacher training sessions, the
current available parking lot would be more than adequate as TPC believes that no
other tenants operate during these times, and a large majority of the attendees are from
out-of-state and utilize buses, shuttles and taxis for transportation to and from the Site.
Third, given that Rogue Software and AeroSoiutions together have a greater
workforce at the Site than would TPC, there should be more than sufficient parking
capacity to accommodate both TPC's smaller workforce and its regular customer base.
In fact, TPC's anticipated use of the Site would generate a lower number of day trips
and require less total parking capacity than did Rogue Software and AeroSolutions with
their larger workforces.
Fourth, the Site will not have a large waiting room or other public commons area
where customers would be allowed to congregate. Because TPC's customers are
scheduled for one (1) hour Pilates classes, TPC does not anticipate that there will be
any substantial overlap in parking by customers.
Fifth, as noted above, TPC employs approximately sixteen (16) people.
Presently, however, approximately twenty percent (20%) to forty percent (40%) of
TPC's employees use alternative transportation (walk, bike, public transportation, etc.)
to commute to work at the existing location. TPC anticipates that this figure could go as
high as fifty percent (50%) at the proposed Site, due to the excellent public
transportation facilities that are located at the front of the Site as well as the close
proximity of the bike path to the Site. Therefore, it is not anticipated that there will be
any substantial parking conflicts or concerns between employees and customers of
TPC.
4. Infrastructure: As compared to development permitted under Section 9-6-1,
"Schedule of Permitted Land Uses," B. R. C. 9981, 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;
TPC is not proposing to make any structural or other significant modifications to
the proposed Site, just a modest redesign of the floor plan of the Site. In fact, one of the
USE REVIEW WRITTEN STATEMENT
major attractions of the Site is that it presents a well-located and largely well-suited
facility for TPC to carry on its Pilates business.
5. Character of Area: The use will not change the predominant character of the
surrounding area; and
As noted above, the proposed use is very similar to the existing use in terms of
noise levels - the Site would constitute a quiet, office-like environment with no loud
music or shouting allowed - and will not result in any substantial change to the
predominant character of the area. The proposed use of the Site is essentially
consistent with both the existing use of the Site and the character of the adjacent
industrial zone and surrounding residential neighborhoods.
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
education use.
N/A.
I-
ATTACHMENT D
USE REVIEW CRITERIA
X (1) Consistency with Zoning and Non-Conformity: The use is consistent with the purpose of the
zoning district as set forth in Section 9-2-1, "zoning Districts Established," B.R.C. 1981, except in
the case of a non-conforming use;
Per section 9-5-2(c)(4)(B), B.R.C. 1981 the IG zoning district "contains areas that are used
for a wide range of light industrial uses, including research and manufacturing operations
and service industrial uses. Residential uses and other complementary uses may be
allowed in appropriate locations."
As an indoor recreational or athletic facility, the use could serve employees in the general
vicinity, as well as the greater community, and would add to the diversity of the area,
which is otherwise predominently industrial and office parks. The use, which is generally a
low impact athetic center and a unique service, would be complementary to other uses in
the district and has thus, been found to be appropriate for the location and also a
contributor to the vitality of Boulder residents.
X (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
The use provides a unique service to the community by offering an athletic center
for customers and future instructors in the Pilates tradition, which generally
promotes health and well-being in a quiet, relaxed environment vis-a-vis other
athletic facilities, which typically provide less one-on-one training and a more
intense and noisy work-out environment.
The Boulder Valley Comprehensive Plan (BVCP) Policy 3.12, Parks and Recreation,
encourages recreational services that "provide an adequate range of recreational
opportunities for its residents" and encourages "designs in a manner that respond
to the needs of intended users." Providing a different niche of recreation and
exercise would be consistent with these goals.
The applicant also argues and Planning agrees that the Pilates program can be
considered an art, which would be consistent with Policy 3.19, The Arts, which
encourages Boulder's role in encouraging diverse uses, activities and programs
that would "contribute significantly to the Boulder economy, and the enhancement
and attraction of the Boulder community."
Further, the use would be consistent with Policy 3.25, Support for Community
Facilities, which states, "the city and county recognize the importance of the
health care, social service, educational and nonprofit community agencies that
provide vital services to the residents of the Boulder Valley and will work
collaboratively with these agencies to reasonably accommodate their facility
needs." As education and health are integral aspects of what Boulder values, this
use would be wholly consistent with this policy.
To that same end, the use would contribute to meeting the goal of Policy 5.12, Role
of Arts and Cultural Programs, which states, "the city and county will support and
encourage programs that can serve as attractors for new business investment as
well as enhance quality of life." The BVCP also encourages the retention and
expansion of local business (Policy 5.03, Support for Local Business) and also
encourages more diversity of uses within industrial areas to support the
employment base as recognized in Policy 5.06, Industrial Zoning.
For these reasons, it can be concluded that the use as a health and wellness
service would contribute to the vitality and diversity of uses within Boulder, which
is a prominent goal of the BVCP.
(D) Is an existing legal non-conforming use or a change thereto that is permitted
under subsection (e) of this section;
X 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;
Although the proposed use is different from the more ubiquitous industrial and office uses
in the area, there is no evidence that the proposed use will be incompatible with nearby
tenants or properties. The greatest impacts that could be posed by the use are the
number of trips to and from the site, parking and noise, which are discussed below.
Number of employees and customers- The general number of employees (16) and
customers (350) would not pose a significant impact to neighboring tenants and
properties by virtue of the fact that attendance would be staggered throughout the day and
week with one hour trainings for customers and alternating shifts for employees. The
applicant notes that it would be rare for more than 15 patrons an hour. Therefore, the
numbers of those visiting the site would not be expected to be more than what could
occur with a permitted industrial or office use within the space.
Parking- With a floor space of nearly 6,000 square feet for the Pilates Center, the parking
requirement for the space per section 9-9-6, B.R.C. 1981 would be approximately 20
parking spaces, which matches the need described by the applicant for the use. At times
of peak usage and employee attendance, more than 20 spaces may be required; however,
this is not considered to present an impact to surrounding uses or properties, since the
site has more than adequate parking with more than 75% more spaces than is required
(i.e., 162 spaces where 92 are required). Further, the site is well served by bus routes (e.g.,
S, 206, 208, and 226) providing an alternative to driving. Therefore, parking for the
recreational use is not viewed as a problem above what could occur if the space were
occupied by industrial or office uses that could potentially have the same or more
employees or customers.
Noise- Some athletic facilities are known to produce noise from the abundance of
customers at one time, the noise output from mechanized and/or heavy exercise
equipment and loud music. The Pilates Center is based on a different exercise
environment, which the applicant describes as "a quiet, office-like environment with no
loud music or shouting allowed." The space would have less numbers of patrons than
other larger athletic centers and uses more mat-type and non-mechanized exercise
equipment, which produces little noise. The existing Pilates studio was visited by
Planning staff and a use similar to that described was observed. Therefore, noise is not
anticipated to be an issue at the new location - especially based on the fact that noise
within industrial districts is often considered more acceptable with the absence of
residential in most circumstances and expectation of some manufacturing occurring in
such zones.
Based on these factors, it is concluded that the location, size, design, and operating
characteristics of the proposed use would be reasonably compatible with and will have
minimal negative impact on the use of nearby tenants or properties.
X (4) Infrastructure: As compared to development permitted under Section 9-3.1-1, "Schedule of
Permitted Uses of Land," B.R.C. 1981, in the zone, or as compared to the existing level of impact
of 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;
There is no evidence that the proposed use would have any impacts to infrastructure more
than a permitted use of the site.
X_ (5) Character of Area: The use will not change the predominant character of the surrounding
area; and
As stated above, the use would differ from the majority of uses in the area, but would
otherwise not present any impacts greater than what can be expected from permitted
industrial or office uses within the industrial district. Based on the applicant's description
of the use, the use would be low-noise and is contained within existing floor space such
that its operation will not be readily noticeable as compared to other spaces in the
building or area. Pilates currently functions in a smaller, but similar space within a
commercial district adjacent to offices and, as stated by the applicant, has not received
any complaints from adjacent tenants, nor has the use been readily noticeable as a
different use than the nearby retail. Therefore, it is concluded that the use will not change
the predominant character of the surrounding area.
NIA (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 9-3.1-1(a), B.R.G. 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_
Not applicable to a request for a commercial use within an industrial district.
/7
ATTACHMENT E
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FLATIRON
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5500 FLATIRON PKWY
1st FLOOR PLAN
6-10-09
0
ATTACHMENT F
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NW FOR $WI 4 NWI ]•1 F VLCOPUED EnSEMEr1i ,NNp XIGH IS-tiF-WA'I IttRt RESEARCHED nM10 19 TGNIS, CCNMnO!!5, PRO+ISIO:VS, AUeOENS NIU p6LIGA tIwll A5
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OR IW, R NW1 At1670201837-2 EFFECTIbE DATE- DECEMDER 21, 2007 ACCg7DINC IIHUFR RECEPTION ND 667616 [NON PLVIIABLE)
IN SAT[ I:IINMILILLN1 INII I'-1'FN1Y SNOYd4 NEITEON 15. OR t1AYSE
CNJFCI II IAL F(N 10WiNG: (I INN NUMUEFIS UEL UP CONnE4'O'D
it F TC NO LINE NUMBERS IN CIFEDUIE D OF SAID TTF COAIMITIFNT) 20 7[R11j, .ONDITON5. PROVISIONS, HNRDLNS AND OHLIGAIIOD:i AS
a [IEMS IN 81tACKL7-ARE AOCED) ,1 t)R I1, N KFIEAFE NLCO'OkU NNEMBER 09. MIT UNDER
n, /,ROAN' FX(XI TfN'N I-6 ARE NOT SHOgiN N`RFgt ILI'.U NHN O 107.1540 (NON PLOTTA5LE)
+N,
([[EM, ',A CHKOUCH 2O AFFECT PARCEL A)
_ v 1RANSMISS10N LINE EASEMENT AS STIOAN ON THE RECORDED
PLAT OF FIALHOIN INVUSIHIAL PARK, ANN AS DLTINTO ANO
n~ `l DEGMHED IN MEMORANDUM OF AGRLENCIIT MARCH 2S, 1969 INIR 21 TFRMI, COt101TIDNS, PROID'IIGNS, BVHD'eN OBUCARONS AND
NFCCOPOr! NU. 908449 CA5(METS A$ SCT FORTH AND f.9ANTF0 IN GRANT OF FASFMFNT
" q Pl RECORolf' NOV[unl,R O!, 1991 UNDLH RECEPTION NO 1477253
- (AFFECTS THE NORTH )6 FEET OF PARCEL` 0 AND C)
(AF+'EC iS PARCEL B)
IH EASCMC S, DNOITpV$. III, COVENANTS-
9 N
aACiILTY MAT' NL'k llA U
"OTIFS, IM Nf FIAT FLATIRON INDUSTRIAL 22 IERU$, CONDITIONS. I PAU'ASHONS, 1 .N[CATIONS ADD
r!•. PARK RE.CORDEl) D SEPTEMBER 9, 19]1 UNDER F FI EA RECEPTtN 111, S 99l 1212 OIENTS' AS NET ICR FORTH ?HID GRANN II 11 III 1 rQFJN Of FASEMI NI
RECORDED NO~MRER 07. 1"4 UNDER R(fYYHf1N NO 147),[54
AMFNHMENT TO FIAT RCCOROrD NAIIII 21, 1975 UNDCR RECCPngJ
(AFFECTS PARC1 B)
AO 2U 1U 0 SU r, L, Na ',6972
2,7 TERNS, (.ONTNIlOwS, i1ROAI2JUNS, BURDENS, GIILICA [IONS AND
DEED OF MAC,Amo,, IN U'o-FcnON WWII FnSCMENTS AS 511015A1 ON EASEMENTS AS ELI eORTN 1I40 VRAtITED IN GRANT Or CASE.ILI'M
SAID PLAT RECORDED 11AY 2. 1417 U DFR RECFf IIGJ NO- 189/1 RLGpROE Il AI(; N.MINII 17, 1443 TNDFR RECEPTION NO 14791,41
SEA[ F. -30'
(AFFECTS e,we[L$ D AND a (ArTECS PARCEL e)
I
24 TERMS, AND FOR PRON. BURDENS, NG OBLIGATIONS AN
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Mu`v CONSERVANCY E . UNDER E LCN CED RY IN5TRULINORDED
INJIIi 14, 19722, UION N R CFPTHN NO 4050 AND E T RECORDED
1121FIVARY 12, AFr"Cij PAKfCL C)
Ir FR I987 UN UnCEh RECEPTDN NO B26noc,
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L F"" T05, FASIMFNI5 AS Sfl FORM AND Gfiro1TEP IN GRANT OF EASE)ENT
Nk'CgN[U JI.h1E 30, 1935 UNDER RECEPTION NO 1528023
(AVLECIS PATFGtl; H AND C
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a IF, f ICI 1 I SET FORm IN DECLARATION Of PRoocri1T C04FNAHIS IOk 1Nf.
/ I I !I Gb ~p P ATIR N N NO 51 5AIAJ PWIK RECORDED FEBRUARY 08, 1972 VNDEk )l IF b,15, CONUI110NS, PRON;AONS, UVROLNS, OBLIGATIONS AND
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LCONUEU AVGUTSI 16. . 199 995 UNDER R[URTON RIO 1540096.
LOT (AFFECTS P7a M, D AND r)
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EO AL GUSF fGNGI tG I. JS UNDER RECEPTION No' '540097
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1 J- ^ I -14 RELEASE IN GONNCCTION M1M SAO ACRECUENT RECORDED
fN C _ I rtF E u rN NOT UUFR IA. 1990 UNDER! RECcVHOFI NO 1071075 (AFFFCT3 PARCFI A) [AE SH0441J HEREINQ
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- - X I/4/'v RFEMRVAn(IN5 AND VOTES ON THE PLAT OF HAORON INIDU,NniIN. EASCMAIFWI$ AS AS SCT f4'AIH AIlO GRAN ILO IN GNAHT OF EASEEIEPII
- N 71 Mk. Ir A•MNUHr PARH_WEST RECORDED NONEMDEF 29. 1976 UNDER RECEPTION.0 REOOPOto AI6057 R_ 1945 UNDER Rlpy 1ItW NO 1540098
_ 2111215
ja t M' / +NY~ M (AS SHOWN HEHL[W) (AULC.IS T'ARCEI A) (AS S71ONN NLRLON]
RATIFIGATIOV OF PIAT RIClo. APRL 11, 1977 UNDER NECFPRCN
LFI;AI UFSGRIP 110N 111) ])02?6 [NON PIOTTAUIL) 50S IUU15, LONOHOfRJ_ PHOVSJOf, LIIRNOLNS, (l[H NiA II(N4S AND
f L EAEMCNTS AS SET FORT AND CRANTTD IN CARAT CIC fAS_RFNT
RECORDED AUGUST 22, I'Jn UNUER REUEI'IIO' IRO. IBht5Z2.
VNr
0- > , G~ - F'T In' ITRIA. CONDITIONS, PRO VISIONS 9'JNOkr+ AND OHLIGAHCN5 AS
yA.a HUT 1, FTES 1 GN CSIRIAL PARK GEMINI 5Fi (01111 J SEEI PA Uf CU
klll ASSOCIATES FILING FIRE (AFFEf.:V PARE
h S ~ ; ~~y ASSOCIATES rjLILI.vG, COUNTY OF DURDER, S FAIL Or NAH '{l H)
I RON INDUSTRIAL AL PARK RK RLCLP II fIUN RECORDED
COLORADO DFCFIIHFN 19. 1984 lltlnLR AECCPTOIJ NO 862691 JI tNS, S[ SIT NS, N DENS, (IT 1N IlQ4$ AND
h d 1. ~ C 1 ( (TtlL CONNI IIACHt PARCEL A) [NON PI 0 IrA81 E1 EA% MENIS FLIRfH O{ AND D FI GHREI IN GRANT ENI
p 1 0'tR- RECrpOFO AS A$ S[0E0 ruC15T 12, 1095 UNDER LL RECEPTION NO NO 1541523 1527.
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HCSfRVAT101 VNI) NOTES ON IMF FIAT Uf ILATINON INDUSTRIAL (i;I FCIS IARC,LL H)
I / j 1I• PARK GEMINI II ASSDCIAIES FILING RECCROED JANUARY 10. 1365
v. ` +/J FM s 'rt'k"t~ 4 i` 1 r~ I UWDKN fFCFP11D4 NO 697614 [NON PLOTTABLE) j2 IS, CONUILILWS PRTOt4SR1FIS BURDENS OBLIGATIONS AND
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1 }N ( RILODUDED UELEMBLIt 14, 1095 UNDLR RECEPTION NO 15O97n2
18 TERMS, CONDITIONS, PRUNSO4S, BURDENS AND DDUG'Al1GNS AS
H _ [III 1. ILL DAYS OF E1AlIINf I. II IC iJ ll tlNf OF SET FORTH RR ANNEXATION 1CREf.1.li N1 T[COVOFO JANUARY 10, (ATiiCTS PMf,Fi A)
!14 j {1 V I y HOT FLIU10", In Ul,l"Iltl PARK NI' 11,1 1 1465 UNDER RECEPTION NO 667615 [NOW PLOT TAC,f] ['AS SHOWN HFRFON]
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J/ W J eP 471(',E ETILLMENTS AS hS SET FORTH H AND INS, 0 IN , OPLI A RECORDED
SEPLEAgfLH 2.1, 1991 UNDER RECEPTON N0. 1737932
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s
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