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4A - Call Up: 5603 Arapahoe Ave - Use Review (LUR2010-00053) Return to Agenda MEMORANDUM To: Planning Board FROM: Chandler Van Schaack, Associate Planner DATE: September 27, 2010 SUBJECT: Call Up Item: 5603 Arapahoe Ave. USE REVIEW (LUR2010-00053): For the establishment of an educational center and non-membership based personal training service in a 4,253 s.£ suite in an existing six-unit office building. This decision may be called up before Planning Board on or before Oct. 7, 2010 Attached is the disposition of approval for a Use Review to allow for the establishment of an educational center and non-membership based personal training service in a 4,253 s.£ suite in an existing six-unit office building. ExistinE Conditions: 5603 Arapahoe Ave. is located in East Boulder just east of 55th Street, within the Industrial General (IG) zone district (see Attachment B, Vicinity Map). The IG zone district is defined in section 9-5-2, B.R.C. 1981 as "general industrial areas where a wide range of light industrial uses, including research and manufacturing operations and service industrial uses are located. Residential uses and other complementary uses may be allowed in appropriate locations. " Pursuant to section 9-6-1, the proposed indoor recreation use is allowed in the IG zone if approved through a Use Review. The current character of the surrounding area is a mix of office, light industrial, residential, and commercial uses. The existing building located at 5603 Arapahoe is 33,816 square feet in floor area, with the suite that will contain the proposed facility being approximately 4,253 square feet. Pursuant to section 9-9-6, B.R.C. 1981, the 33,816 square foot building is required to have 85 off-street parking spaces. The building currently has 142 parking spaces, with 21 spaces reserved solely for use by customers of Suite 5. There is also plentiful overflow parking should the need arise. The site is located close to public transit (there are JUMP stops on Arapahoe at both 55th and across from the Golf Course) as well as off-street bicycle parking facilities, which will help to fiirther reduce vehicle trips to and from the site. Proposal: The proposed facility is to be an educational center and non-membership based personal training service located in an existing tenant space. The one employee of this facility will be the owner/manager. While there will be no other employees, the space will be available for personal trainers and other independent professionals in the field of health and wellness to reserve for personal training classes. The operating hours will be from 6:00 am to 10:00 pm. Agenda Item 4A Page 1 of 12 Previous View Return to Agenda The educational component will include occasional workshops and seminars for health and fitness professionals held in the conference room. Maximum capacity for the conference room is 12 individuals. The facility will host an occasional open house as an accessory event for promotional and marketing purposes. The hours of such open houses will typically be from 6:00 to 8:00 pm. The number of instructors working on site hourly will range from 1- 10. The number of clients or students on site hourly will range from 1-12. Instructors will average 8 hourly sessions daily. Typically, sessions will last one hour. (See Attachment C, Applicant's Proposed Plans and Attachment D, Applicant's Written Statement for more information). 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 application. There were no public comments received. Conclusion: Staff finds that the proposed Use Review meets the relevant criteria pursuant to 9-2-15(e), "Criteria for Review," B.R.C. 1981 (see Attachment E, Use Review Criteria for Review). This proposal was approved by Planning and Development Services staff on September 24, 2010, and the decision may be called up before Planning Board on or before October 8, 2010. There is one Planning Board meeting within the 14-day call up period, on October 7, 2010. Questions about the project or decision should be directed to Chandler Van Schaack at (303) 441-3137 or vanschaackcLa)bouldercolorado.gov. Attachments: Attachment A: Staff Disposition of Approval with Conditions Attachment B: Vicinity Map Attachment C: Applicant's Proposed Plans Attachment D: Applicant's Written Statement Attachment E: Use Review Criteria for Review Agenda Item 4A Page 2 of 12 Previous View Return to Agenda Attachment A: Staff Disposition of Approval with Conditions CITY OF BOULDER Planning and Development Services 1739 Broaav:ay. Tikird Floor - P O Box 71.~1, Boulder, CO WaO.0791 uhone 30;t 441 1380 - fax 309.441-:1241 - web boulderplandevelop.riet CITY OF BOULDER PLANNING DEPARTMENT NOTICE OF DISPOSITION YOU ;YC i,creby advised ihal the folk wmy action wa4 taken by the Plarlriwg ueparmient based on ti1C standards and criteria of the Land Use Regulations as set tnrth in Chaplor 9-z B.R.C. 1981, as applccc to the proposgd development- DECISION APPROVED with conditions PROJECT NAME CheetahPit DESCRIPTION- USE REVIEW - Foreslablishment of an educational center and non-membership based personal training sorvlee within a 4,253 s.f. suite in an existing six-unit office building. LOCATION' 5603 Arapahoe Ave. DOOR N03EOt LEGAL DESCRIPTION LOT 7 MINTLING REPLAT A PROPERTY ADDRESS: 005603 ARAPAHOE AVE BOULDER APPLICANT: Steven Walsh OWNI=R: Mintling Ventures, LLC APPLICATION; Use Review, LUR2010-00053 ZONING: IG CASE MANAGER. Chandler Van Schaack VESTED PROPERTY RIGFIT 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 FOI I OWING PAGES OF THIS DISPOSI I ION. Approved On: Zl d Dal By. Da iske I~Exes ive Director of Community Planning Th-s decision may be appealed to tree Planning Board by filing an appeal letter with the P'a 7rri: r Drparlment wilh+n two weeks of the decision dale. If no such appeal is filed: the c:ec:istan "halt tw ceemed final fourteen day, after the data above nionlioned. Appeal to Planning Board expires:. IN DRDER FOR A BUILDING PERMIT APPLICAI IUN TO 131L PROCESSED FOR THIS P ROJEr.'.T, A SIGNED DEVELOPMENT AGREEMENT MUST BE SUBMITTED TO THE PI ANNING DEPARTk-ENT, IF THE DEVELOPMENT AGREEMENT IS NOT SIGNED WITHIN NINFTY (90) DAYS OF THE FINAL DECISION DATE. THE PLANNING DEPARTMENT APPROVAL AUTOMATICALLY EXPIRES. Pursuant to Section ° -2-12 of the land Use Regulations (Bouldef Revrsed Code, 1981), the appl,cant must begin and substanlrally complete the approved development within three years from the date of final Address: 5603 Arapahoe Ave. Agenda Item 4A Page 3 of 12 Previous View Return to Agenda approval. Failure to "substantially complete" (as defined in Sectiwn 9-2-12) he 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 %vilh all approved plans dated September 23. 201p ar-d Written Slatement dared September 20, 2014 on file n the City of Boulder Plannirsj Department. Further- the Applicart shall ensure that the appyQved use is operated in wrnpliance tenth the fdfowirig reslriclions: a. The Applicanl 6ha11 operate lhr? business in actwdance with file mitlen staternenl dated September 20, 2010 which is attached to this NloliCe of Disposition. b. Size of the approved use shall be limited to 4,253 square fpel, c. The approved uSe shall be. dosed from 10.00 p.rri. to 6:00 a. m. seven days per week. 2. The Applicant shall not expand or modify the approved use, except pursuant io subsectioa 9-2-1G(h), B. R.C. 1981, Address. 5503 Arapahoe Ave. Agenda Item 4A Page 4 of 12 Previous View Return to Agenda Attachment B: Vicinity Nlap IG ~ . 0 b C-In LLj CA Tl BC-1 $ ILI © 5603 ARAPAHOE AV RH-5 ° u RL-2 -0 e Ill Agenda Item 4A Page 5 of 12 Previous View Return to Agenda Attachment C: Applicant's Proposed Plans 5603 Arapahoe, Unit 5 j j,x f f7 770 1 ~ j Agenda Item 4A Page 6 of 12 Previous View Return to Agenda Attachment D: Applicant's Written Statement Administrative Use Review Written Statement Applicant: Cheetahfit, LLC Established 3/28/2006 in Boulder County Case Number: LUR2010-00053 LLC Manager: Matt Hoskins Email: matth(a]boulderathletes.net Phone: (303) 475-4578 Property Address: 5603 Arapahoe Avenue, Suite 5 Suite Size: 4253 Square Feet Property Owner: Dean Minding, Minding Ventures, LLC Year Built: 1988 September 20, 2010 Board of Zoning Adjustments Municipal Building 1777 Broadway Boulder, CO 80306 This written statement provides details of a proposal to occupy a suite existing in a building zoned Industrial General (IG) with 1-2 module designation. The Existing Use of the building is for office space. Existing tenants at 5603 Arapahoe provide office space for approximately 35 employees with operation hours between 8A and 7P. During those hours, those employees make a minimal number of 30 trips to the site per day in cars with additional trips possible for lunch breaks or business matters. This number may be lower on certain days as a percentage of those individuals will be riding bicycles to work. There are no uses on adjacent or surrounding properties related to 5603 Arapahoe Avenue. Our proposed use involves a Simple Minor Modification and is listed as Approved under the heading Parks and Recreation Use, subheading: Indoor Recreational or Athletic Facility for IG, I-2 zoning designation. Through our application, we will show that our use is consistent with the purpose of the zoning district as set forth in Section 9-5-2, "Zoning Districts" and applicable use review criteria. Our Rationale is that we will provide direct service and convenience to the surrounding neighborhood and the entire Boulder community. The indoor facility will provide a high quality location for local independent contractors to work and support the local economy in the field of health Agenda Item 4A Page 7 of 12 Previous View Return to Agenda and wellness. Facility services will be made available to the entire community to receive educational and consultation benefits as it relates to health and wellness. Our business model is to provide an educational center and non-membership based personal training services. The suite will be outfitted with freestanding gym essentials like cable machines, stretching mats, free weights and nutritional software. Regarding Compatibility, we are not proposing site development or changing an existing development. Our use requires: removing 40 linear feet of pre-existing office wall structure, the addition of plumbing for two small ADA compliant showers, installing small vents for the showers and an Energy Star dryer. All proposed improvements to the space would be contained within the walls of a single suite and work permits would be obtained as required. The number of independent contractors working on site hourly will range from 1-10 with 10 contractors on site only during potential peak hours. The number of clients or students on site hourly will range from 1.25-12.5 with 12.5 once again being an exception for possible peak hours. The number of employees will be zero. Our independent contractors will average 8 hourly sessions daily with an average of 1.25 client visits on the hour (7 one on one clients plus a 3 person group workout session). During an eight-hour day, 6 independent contractors working an eight-hour day will generate 60 site visits total spread across 8 hours or 7.5 average visits hourly. Typically, our clients will always arrive on the hour and leave at the top of the next hour. The location of our facility offers convenient access from Foothills Parkway just .5 miles east of Boulder Community Foothills Hospital on Arapahoe Avenue. As our site plan demonstrates, the property provides ample fire access including 142 parking spaces for our use and 21 parking spaces designated solely to suite 5. Alternatives to automobile use are promoted by the provision of a bicycle storage rack and access to maps of bus and bike routes on our website. That will include an easy access point to the Boulder Creek Trail 1 block away from the location. Conforming to our business model of health and wellness promotion, we will be involved in numerous programs that support and encourage walking, biking, and other alternatives to the single-occupant vehicle. Our location is east of 55`h placing us well away from the active hub of businesses lining Arapahoe west of 55"1 Directly along the entire block across Arapahoe to our south is the sealed perimeter of the Flatirons Golf Course with no access roads to the golf course property from Arapahoe on our block. To the north on the other side of the train tracks is the northern edge of the Flatirons business center with all of its access roads along 55h street. On our other two sides, to the east is a condo based office center and to the west is a small business center both with private access from six traffic lanes on Arapahoe Avenue. The hours of our operation will be set from 6A-10P. Independent contractors by law will be allowed to set their own appointments within those hours. However, there will be limitations set on the number of contractors allowed into the schedule and onto the workout floor during each and every hour. Once we occupy the space, we will determine workflow characteristics and set this limit. It will likely be from 8-10 contractors hourly. Our use will not involve any development or changes to infrastructure, is not a proposed development, and offers no change or impact to water, wastewater, storm drainage, utilities or streets. Agenda Item 4A Page 8 of 12 Previous View Return to Agenda The character of the area will not be affected or changed by our occupation. The maximal amount of signage allowed on the street is already in place for 5603 Arapahoe Avenue. Suite 5 is set well back from Arapahoe, is not visible from the street, and will not generate site traffic. Our proposed use does not involve the conversion of Dwelling Units to Non-Residential Uses, propose modifications to Non-Conforming Uses, offer to change or expand the building or require zoning variance. We hope that you will find our proposed use straightforward and the impact on the surrounding area minimal and acceptable through your discretionary process. Sincerely, Matt Hoskins Agenda Item 4A Page 9 of 12 Previous View Return to Agenda Attachment E: Use Review Criteria for Review USE REVIEW CRITERIA Section 9-2-15 (e) Criteria for Review: No use review application will be approved unless the approving agency finds all of the following: (1) Consistency with Zoning and Nonconformity: 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 nonconforming use; The proposed use is categorized as an indoor recreational or athletic facility, and is to be located in the IG (Industrial- General) zoning district, which is defined in section 9-5-2 as general industrial areas where a wide range of light industrial rises, including research and manufacturing operations and service industrial uses are located. Residential uses and other complementary uses may be allowed in appropriate locations. " Pursuant to section 9- 6-1, the proposed use is allowed in the IG zone if approved through a Use Review. (2) Rationale: The use either: (A) Provides direct service or convenience to or reduces adverse impacts to the surrounding uses or neighborhood; The proposed facility will provide direct service to the surrounding uses and neighborhoods. The other uses on the site are primarily office uses, but there is a broad range of uses on surrounding properties, ranging from industrial service uses to the north and east to community business uses to the southwest and medium to high density residential uses to the south. Situated between this variety of uses, the property is in an ideal location to serve both nearby residents as well as employees. The proposed use also fills an unmet need, as there are no other with facilities in the surrounding area. (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; Agenda Item 4A Page 10 of 12 Previous View Return to Agenda 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 proposed facility is to be located in an existing tenant space, and will only require minor interior alterations. The operating hours will be f tom 6 am to 10 pm; however the majority of business, according to correspondence with the applicant, will be occurring before 8:00 pm. The educational component will include occasional workshops and seminars for health and fitness professionals held in the conference room. Maximum capacity for the conference room is 12 individuals and all workshops and seminars will be scheduled during non peak traffic hours for the facility. The facility will host an occasional open house as an accessory event for promotional and marketing purposes. The hours of such open houses will typically be from 6-8P in the evening. The number of independent contractors working on site hourly will range from 1-10 with 10 contractors on site only during potential peak hours. The number of clients or students on site hourly will range from 1.25-12.5 with 12.5 once again being an exception for possible peak hours. The number of employees will be zero. Additionally, the facility will be equipped with office space and a small employee kitchen, so trainers teaching classes dispersed throughout the day will be able to reduce the number of trips they make to and from the site between classes. The schedule of classes will be appointment-based, with clients and trainers being able to access and schedule appointments on-line. This type of organization will help to prevent uneven traffic and occupancy flolvs where lulls are followed by sudden over-attendance of classes at certain horns. Currently there are approximately 35 employees working at the other tenant spaces in the building with operating hours between 8 am and 7 pm. The 33,816 square foot building is required to have 85 off-street parking spaces. The building has 142 parking spaces, with 21 spaces reserved solely for use by customers of the Unit 5 facility, so while the maximum number of cars visiting the site per hour should be accommodated, there is also plentiful overflow parking should the need arise. Furthermore, the site is located close to public transit as well as off-street bicycle facilities, which will help to further reduce vehicle trips to and from the site. (4) Infrastructure: As compared to development permitted under 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; Agenda Item 4A Page 11 of 12 Previous View Return to Agenda The proposed use is to be located in an existing tenant space, so there will be no additional impacts to infrastructure in the surrounding area. 5603 Arapahoe is well designed for the types of traffic expected, including, without limitation, automobiles, bicycles, and pedestrians, and provides safety, separation from living areas, and control of noise and exhaust. (5) Character of Area: The use will not change the predominant character of the surrounding area; and The current character of the surrounding area is a prix of office, industrial service, residential, and commercial uses. There is an acupuncture/massage clinic located just a block away, as well as an indoor amusement venue (Boulder Dinner Theater). There are several restaurants, a bank, and a host of other services meant to cater to local employees and other residents. Overall an indoor athletic facility would fit quite well in the surrounding context in that it offers a set of services not currently found in the area but complemented well by existing uses. The location is east of 55th placing the facility close the active hub of businesses lining Arapahoe west of 55th. Directly along the entire block across Arapahoe to the south is the sealed perimeter of the Flatirons Go f Course with no access roads to the golf course property f -om the north side ofArapahoe. To the north on the other side of the train tracks is the northern edge of the Flatirons business center with all of its access roads along 55th street. On the other two sides, to the east is a condo based office center and to the west is a small business center both with private access from six traffic lanes on Arapahoe Avenue. (6) Conversion of Dwelling Units to Nonresidential Uses: There shall be a presumption against approving the conversion of dwelling units in the residential zoning districts to nonresidential uses that are allowed pursuant to a use review, or through the change of one nonconforming use to another nonconforming 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 daycare center, park, religious assembly, social service use, benevolent organization use, art or craft studio space, museum, or an educational use. The existing use of the building is for office space, so no residential uses will be impacted by the proposal. Agenda Item 4A Page 12 of 12 Previous View