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4 - Call Up: Use Review for 3022 E. Sterling Circle - LUR2009-00066 MEMORANDUM TO: Planning Board FROM: Elaine McLaughlin, Case Manager DATE: November 20, 2009 SUBJECT: Call Up Item: Approval of Use Review for 3022 E, Sterling Circle LUR2009-00066 Attached is the Use Review disposition for the proposed relocation of the Frequent Flyers Production, Inc. and aerial dance studio into the Valmont Industrial Park at 3022 E. Sterling Circle. Staff finds the application meets the Use Review eriteria of section 9-2-15, B.R.C 1981. The proposed project is located in the Industrial General, IG, zoning district and requires staff- level Use Review for a dance studio that is qualified as "indoor recreation facility" under Chapter 9-16, B.R.C. 1981. The types of permitted uses that occur by-right in an IG zoning district include small theaters/rehearsal space, animal kennels, animal hospitals and veterinarians, printers/binders, manufacturing uses above and below 15,000 square feet, equipment repair, cleaning and laundry plants. Background. The Valmont Industrial Park consists of a number of industrial buildings built over the past 10 to 15 years. The subject building was built in 2001. Management Plan. The applicant is requesting approval of the 4,084 square foot dance studio and offices for rehearsal and training functions, with no live performances held in the space. An average number of 15 people, a maximum of 25 youth or adult participants will be using the dance floor area with two employees. Hours of operation are proposed between 9:00 a.m. to 9:00 p.m. Project Review. Staff finds the application meets the Use Review Criteria of section 9-2-15, B.R.C, 1981. Regarding the compatibility criteria, staff requested additional information be provided by the applicant to determine if any negative impacts would be created from noise or music from the studio. Because noise levels for the IG zoning district are restricted to 80 dBA (decibels) staff requested that a sound meter be used to test sound levels at the space. The noise measurement was completed by D.L. Adams Associates, Inc., consultants in acoustics and performing arts technologies using a Type 1 sound level meter. The test was performed in six different locations including from adjacent office spaces, above and next to the studio, as well as at the east property line with a roll-up door open. With the volume control on the receiver reading at 32 volume expected to be used, the sound measurements from adjacent offices did not exceed 48 dBA, or 53 dBA as measured from the east property line adjacent the San Lazaro mobile home park. Because noise levels of the existing operation that are below the maximum threshold for the IG zoning district, and because the applicant is proposing some insulation that augments noise Address: 3022 E. Sterling Circle attenuation within the building's tenant finish, staff finds that the applicant adequately addresses compatibility criteria. Staff included a condition of approval that requires no live drumming that staff has found in previous cases caused dBA noise levels to rise significantly. Public Comment: Staff received one letter regarding the proposed project that indicated support and is provided in Attachment D. Conclusion. Staff finds that the proposed Use Review meets the relevant criteria pursuant to section 9-2-15, "Use Review," B.R.C. 1981. The proposal was approved by staff on November 20, 2009 and the decision may be called up before Planning Board on or before December 4, 2009. There is one Planning Board hearing scheduled during the required 14 day call-up period on December 3, 2009. Questions about the project or decision should be directed to the Case Manager, Elaine McLaughlin at (303) 441-4130 or at mclaughline@boulderoolorado.gov Attachments: A. Location Map B. Floor Plan and Elevation C. Management Plan D. Correspondence Received E. Signed Disposition Address: 3022 E. Sterling Circle Al"I'ACHMENT A: Location Map City of Boulder Vicinity Map Legend E D City Limit f j:, Sub►ect IM Ei P J- f ,r \W Subject Area 3022 E Sterling Cir ilG Valmont Rd BC-1 P N ar~p d IM R, P Ic' I M Location: 3022 E Sterling Cir Project Name: 3022 E Sterling Circle city q/' -/jN Dance Studio Boulde,. O Review Type: Use Review NORTH The information depicted on "s map lsproNded as graphical representation enty. The City d Hmrlder Review Dumber: LUR2009-00066 Rro'A no warrant y, ex press ed or implied. as to 1 inch = 444 feet he accuracy andbr completeness or the Information Applicant: Western Development Services contained heroon Address: 3022 E_ Sterling Circle 3 Attachment B X95 mete. s I - M I Tyl 1- r.r f IY• zlituru . 1. 1 r./cta ~ 7tCCN LL j ~ a r r; ~ll 11~1'~, i - rxa b it a:, ~e c 1 I.L:. _ - Kl, ao: Na 'ua'.r u91i, ~X'k FE:IAMNu acI111H.r. Ate' S~fYYMilllii Vr~~. 1 5+ m s~u• rmao- uuu7 ary: © 'r 4D _ _ S i 74 a"•o ~1 - I a~ Utl :rt,Rl I - - - r If( 1lQfl >N 5~7~ ur Vapx a.r C1S GG a'• SCI'ESDES VN..t /0 ./8' YP.BB F10TI1 SIDES .9e nrrxt - EE 16'X10' ❑.I1, ii>e KIM r.- -.N;75 :'l'1q "46^'13.. '^2~!" ~ ILIL J LL - G" [•If•cl gf'ul ~2, •~...~a~r•._I~•r.~2~ --1~__."T~c l'•__ - Floor Plan of Dance Studio f Elevation of Dance Studio Address: 3022 E. Sterling Circle ATTACHMENT C: Management Plan n~Q U.C* PO BOX 1979 BOULDER CO 80306-1979 303 295 8272 FREQIIENTFLYER3.Of Q 'c P a0 D;O:c.T 1 0 X S AERIAL DANCE THEATRE Management Plan Summary Frequent Flyers Productions Inc • (a) Hours of Operation: Offices will be open 9 am - 9 pm. • (b) Number of employees: 2 Employees • (c) Typical class size is 12-18, however, we will infrequently have 24 students from area schools that will be bussed to our facility. Parking will be on the street and in the spaces surrounding the building. • (d) Noise level, including music, will not exceed 80dB as measured from the outside of the building and at the east property line of the site. The new Aerial Dance Studio is not a performance space and will not be used as such. Address: 3022 E. Sterling Circle r~ A`I" FACHMENT U: Correspondence Received From: Chris Hansen [mailto:chansen@coloradogroup.com) Sent: Monday, October 12, 2009 11:46 AM To: McLaughlin, Elaine Subject: Review Number: LUR2009-00066 Elaine - I am in receipt of TWO notices for the use review for the dance studio proposed at 3022 E. Sterling Circle (1 am Managing Member of 5480 Valmont and 3125 Sterling Circle). overwhelmingly support the approval of the application. As we have discussed in the past, the "Indoor Recreation" use should be an allowed use in IG, and especially near Valmont City Park. As a commercial broker I can speak with great authority on the need for affordable spaces for athletic uses. The areas that allow the uses are almost always to expensive. This does not serve the citizens of Boulder, or the budding entrepreneurs attempting to establish businesses in our community. You have my full and complete support, and I encourage the Planning Department to consider allowing "Indoor Recreation" in the IG zone as you contemplate the Update to the Master Plan. As always, at your service. If I can be helpful in any way, simply ask. Chris Hansen Chris Hansen, CCIM I Principal / Broker Associate The Colorado Group, Inc. 13434 47th Street, Suite 220 1 Boulder, CO 80301 P (303) 449-2131 x1441 Cell (303) 588-1971 chansen@coloradogrour).com I www.coloradogroup.com Address: 3022 E. Sterling Circle ATTACHMENT E 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: APPROVAL WITH CONDITIONS PROJECT NAME: 3022 E. STERLING CIRCLE USE REVIEW DESCRIPTION: USE REVIEW - 4,084 s.f. Indoor Recreational Facility (Frequent Flyers Productions, Inc. Aerial Dance Studio). LOCATION: 3022 E STERLING CR COOR: N05W01 LEGAL DESCRIPTION: Lot 16, Block 1, VALMONT INDUSTRIAL PARK, County of Boulder, State of Colorado APPLICANT: William Nelson OWNER: Westland Development Services, Inc. APPLICATION: Use Review, LUR2009-00066 ZONING: IG (Industrial - General) CASE MANAGER: Elaine McLaughlin 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. i Approved On: Date , t i h~ By: David Driskell.-Executive Director of Community Planning and Sustainability 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: IN ORDER FOR A BUILDING PERMIT APPLICATION TO BE PROCESSED FOR THIS PROJECT, A SIGNED DEVELOPMENT AGREEMENT AND SIGNED MYLAR PLANS MUST BE SUBMITTED TO THE PLANNING DEPARTMENT WITH DISPOSITION CONDITIONS AS APPROVED SHOWN ON THE MYLAR PLANS, IF THE DEVELOPMENT AGREEMENT IS NOT SIGNED WITHIN NINETY (90) DAYS OF THE FINAL DECISION DATE, THE PLANNING DEPARTMENT APPROVAL AUTOMATICALLY EXPIRES. Address: 3022 E. Sterling Circle Pursuant to Section 9-2-12 of the Land Use Regulations (Boulder Revised Code, 1981), the applicant must begin and substantially complete the approved development within three years from the date of final approval [or in compliance with the phasing plan]. Failure to "substantially complete" (as defined in Section 9-2-12) the development within three years [or in compliance with the phasing plan] 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 October 26, 2009 on file in the City of Boulder Planning Department. Further, the Applicant shall ensure that the Frequent Flyers Productions, Inc. is operated in compliance with the following restrictions: a. The studio shall be closed from 9:00 p.m. to 9:00 a.m. seven days per week. b. No live drumming shall be permitted- c. No performances that exceed the allowed occupancy shall be permitted. d. No outdoor speakers or outdoor amplified sound shall be permitted. e. The use will be operated in conformance with all City of Boulder noise standards. 2. The Applicant shall not expand or modify the approved use, except pursuant to subsection 9-2-15(e), B.R.C 1981, Use Review criteria. Address: 3022 E. Sterling Circle