4A - Call Up: 4555 13th Street Unit 2B - Use Review - #LUR2011-00016
MEMORANDUM
Call-Up Item
To: Planning Board
FROM: Jessica Vaughn, Planner I
DATE: April 7, 2011
SUBJECT: Call Up Item: 4555 13th Street, Unit 2B
Use Review (Application #LUR2011-00016): Request to locate a
291 square foot independent dental hygiene office at 4555 13th
Street. This approval is subject to call-up on or before May 5,
2011.
Attached is the disposition of approval for a Use Review request to locate a 300 square
foot independent dental hygiene office at 4555 13th Street (see Attachment A, Staff
Disposition).
Existing Conditions: City of Boulder Vicinity Map
4555 13t Street is located within
the Mixed Use-2 (MU-2) zone ~M L -
district which is defined as: Mixed R M x- 2
use residential areas adjacent to a
redeveloping main street area, R
which are intended to provide a E I M 5 E MU-1
transition between a main street Yarmouth Av
commercial area and established B 5
15. 1 Sub]ect Area -
residential districts. Residential __,4556i3th5128
areas are intended to develop in a I M s 3 M H
pedestrian-oriented pattern, with
buildings built up to the street; with m
residential, office, and limited retail E U-2
rises; and where complementary
uses may be allowed (section 9-5-
2(c)(2)(B), B.R.C. 1981). RM-,
Fa na
.o
4555 13th Street is located within R I--
Block 4, Building B live/work units R E
Location: 4555 13th Si 26
in the Village at Uptown Broadway
FraJett Name: fndepen deal Denial Hygldrie A W." !f mixed use development. The Review Type: Use Review NORTH
Review Number: LOR2011.00016 :'d'. "live/work units feature a i in h = 300 Wt
Applicant: Sheri Sraneman, RDH
commercial store front work space
Vicinity Map
16 Agenda Item 4A Page 1 of 13
with separate residential entries leading to the living and sleeping spaces on the second
the third levels. As part of the development approval, work component of the live/work
units were considered office uses.
The properties surrounding 4555 13th Street are utilized as a mix of uses, including a
variety residential dwelling unit types, and commercial, retail and restaurant entities.
Process:
Pursuant section 9-6, "Use Standards," B.R.C. 1981, a request for a dental office use in
the MU-2 zone district can only be approved if the criteria for Use Review are met,
Section 9-2-15, B.R.C. 1981.
Proposal:
The applicant's request is to locate an independent dental hygiene office at 4555 13x1'
Street. The office will not exceed 291 square feet in size and will operate seven days a
week from 7 a.m. to 7 p.m. The primary function of the office will be to provide teeth
cleaning, sealants and whitening services as well as referrals for dentist referrals at a low
cost to both city and county residents.
Overall, the proposed use provides a neighborhood amenity that is compatible with the
intent of the original approval of the Village at Uptown Broadway as well as the zone
district. Please refer to Attachment B, Use Revicih and Parking Reduction Cr•iteria for•
Review for a complete analysis of the proposal.
Public Comment:
Required public notice was given in the form of written notification mailed to all property
owners within 600 feet of the proposed development, and a sign posted on the property
for at least 10 days. All notice requirements of section 9-4-2, B.R.C. 1981 have been
met. No responses to the public notices were received.
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 18,
2011 and the decision may be called up before Planning Board on or before May 5, 2011.
There is one Planning Board meeting within the 14-day call up period, May 5, 2011.
Questions about the project or decision should be directed to Jessica Vaughn at (303)
441-4161 or vaughnjLabouldercolorado.gov.
Attachments:
Attachment A: Staff Disposition
Attachment B: Use Revie>n, Criteria for Review
Attachment C: Proposed Plan Set and Written Statement
2
17 Agenda Item 4A Page 2 of 13
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
i~ 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: Independent Dental Hygiene Medical Office
DESCRIPTION: USE REVIEW request to locate a 291 square foot independent dental hygiene
practice to serve the residents of Boulder and Boulder County. Services will be
provided at reduced rates; office hours will be 7 a.m. and 7 p.m. seven days a
week.
LOCATION: 455513 1h Street, Unit 213
COOR: N08W06
LEGAL DESCRIPTION: See Exhibit A
APPLICANT: Sheri Stoneman
OWNER: Village at Uptown Investors LLC
APPLICATION: Use Review, LUR2011-00016
ZONING: MU-2, Mixed Use-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: April 18, 2011
Date
By:
Da id Driskell, Ex cutive 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: Mays 2011
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 1S 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-x4555 13 th Street, Unit 2B Agenda Item 4A Page 3 of 13
years shall cause this development approval to expire.
CONDITIONS OF APPROVAL
1. The Applicant shall ensure that the development shall be in compliance with all approved plans dated January 4,
2011 and the written statement dated January 4, 2011 on file in the City of Boulder Planning Department, except to_
the extent that the development may be modified by the conditions of this approval.
2. The Applicant shall not expand or modify the approved use, except pursuant to subsection 9-2-15(h), B.R.C. 1981.
3. The Applicant shall comply with all previous conditions contained in any previous approvals, except to the extent
that any previous conditions may be modified by this approval, including, but not limited to, the following:
Development Agreement recorded at Reception No. 2447244.
Address-
19 4555 13th Street, Unit 213
Agenda Item 4A Page 4 of 13
Exhibit A
02/25/20112:13.33 PM Commitment No.: 515-F0372389-t7O-RRO
Attached Legal Description
Unit 2B, The Village at Uptown, at Village at Uptown Broadway, according to the Condominium Declaration
thereof recorded on March 17, 2009 at Reception No. 2985900, the Condominium Map thereof recorded on
March 17, 2009 at Reception No. 2985901, the Community Declaration of the Village at Uptown Broadway
recorded on January 13, 2005 at Reception No. 2658125, and the Master Condominium Map for the Village at
Uptown Broadway recorded on January 13, 2005 at Reception No. 2658126, in the records of the Clerk and
Recorder of the County of Boulder, State of Colorado, all as amended from time to time
Copyright 2006-2009 American Land Title Asiociation. All rights reserved. The use of this Form is restricted to ALTA licensees
and ALTA members in good standing as of the date of use. All other uses are under license from the American Land Title Association. LAND TITLE
SSOCAYpH
20 Agenda Item 4A Page 5 of 13
Attachment B
Case LUR2011-00016
Project Name: Independent Dental Hygiene Medical Clinic
Date: March 17, 2011
USE REVIEW CRITERIA
Criteria for Review: No use review application will be approved unless the
approving agency finds all of the following:
Y_ (1) Consistency with Zoning and Non-Conformity: The use is consistent with
the purpose of the zoning district as set forth in Section 9-5-21(c), "Zoning
Districts Purposes," B.R.C. 1981, except in the case of a non-conforming use;
The proposed independent dental hygiene clinic is considered a medical office.
A request for a medical office use in the MU-2 zone district can only be approved
if the Use Review criteria are met.
N/A (2) Rationale: The use either:
Y (A) Provides direct service or convenience to or reduces adverse
impacts to the surrounding uses or neighborhood;
The proposed independent dental hygiene clinic will provide a
direct service at a level of affordability to the residents of north
Boulder.
N/A (B) Provides a compatible transition between higher intensity and
lower intensity uses;
N/A (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
N/A (D) Is an existing legal non-conforming use or a change thereto that is
permitted under subsection (e) of this section;
Y_ 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;
21 Agenda Item 4A Page 6 of 13
The intent of the Holiday Neighborhood and North Boulder plans was to create a
walkable, live/work community. Providing an independent dental hygiene clinic
only fosters the reality of attaining that intent.
Overall, the proposed use will not have any foreseeable negative impacts on the
surrounding neighborhoods given the proposed limited office hours of operation
(Monday through Friday from 7 a.m. until 7 p.m.) and the limited size of the
office.
N/A (4) Infrastructure: As compared to development permitted under Section 9-6-
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;
Not applicable; all infrastructure is existing.
Y (5) Character of Area: The use will not change the predominant character of
the surrounding area; and
The character of the surrounding area is that of an urban, walkable community
providing a variety of living, work and service oriented amenities. The proposed
independent dental hygiene clinic only contributes to the variety of services found
nearby the existing uses and only enhance the ultimate goal of the development
itself, to create a walkable, live/work/play community.
N/A (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 9-5-2(c)(1)(a), B.R.C. 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; there is not conversion of dwelling unit associated with this
proposal.
22 Agenda Item 4A Page 7 of 13
Attachment C
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24 Agenda Item 4A Page 9 of 13
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FINAL I-AND USE DRX\NING
USE REVIEW WRIT'S`
Submit with your application.
For your convenience, this form is also available as an electronic form on the Planning and
Development Services web site at www.boulderplandevelop.net . You may type in your
responses in the electronic form, and then print it to attach to your 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 building and land:
The existing building is new construction. I propose purchasing the property
There are Two (2) Live/work units in and opening an Independent Dental
The building addressed 4555 13" Street. It Hygiene Practice.
Is part of the Village at Uptown Broadway
In north Boulder. Currently, the Live/work
Address that I am interested in is empty and
Has not been utilized in the past.
HOURS OF OPERATION HOURS OF OPERATION
The site is currently unoccupied. Some variation for the convenience
of the patients. Earliest will be 7:00am.
the latest will possibly be 7:00pm.
NUMBER OF EMPLOYEES NUMBER OF EMPLOYEES
(Please indicate full and part time) (Please indicate full and part time)
None One (1). Only myself. In the future
I may consider a part time scheduler who
would ideally work from their home.
Estimated number of trips to site per day. Estimated number of trips to site per day.
(Please indicate mode of transportation used (Please indicate the mode of transportation used
to reach the site.) to reach the site.)
NONE I will be living in the condo above the work area.
There is a flight and a half of stairs that
1
25 Agenda Item 4A Page 10 of 13
City of Moulder - Department of ?!a-r i~ii
Development 6ei'vices
FINAL LAND USE DRAVJING
735
Y Y J"Ib'd
I will w l 3 rrW94
Uses on adjacent/surrounding properties:
There is one other Live/Work unit in the building and it is currently being leased to an Electric
Motor Scooter Company. The business owners are also living above the business.
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.
I plan to provide a low cost option for Dental Hygiene care for Boulder City and County
residents. These services will be particularly beneficial to those individuals who do not have
dental insurance as well as to lower income families. All residents of Boulder City and County
will be welcome to receive quality/gentle care in my dental hygiene practice at a reduced rate
relative to the dental offices that are currently serving Boulder County. Colorado is one of only a
few states that allow licensed and registered Dental Hygienists to practice independently of a
dentist. I am licensed and registered in the state of Colorado. I will provide quality care to
patients one at a time. There will be only one patient operatory. Patients can arrive for their
appointments by bus, bicycle, walking, or motorized vehicle. I plan to live above the business.
My understanding of the MU 2 zoning is a mixed use that includes both living and working
spaces intended for small and low impact businesses. Specifically listed are hair salons and
massage therapy businesses. My proposed business will be similar in that there will only be one
patient/client treated per set appointment time by one clinitian. Traffic impact will be the same
as a salon or massage therapy business or less, most appointments will be one hour long. The
actual office is small, only 291 square feet. There will be no exterior changes to the building
except a sign directing patients to the office. I do not foresee any negative impact to the nearby
properties as the entire development is planned as an "innovative non-traditional neighborhood
designed for an improved quality of life because they shop, eat, recreate and exercise in their
own immediate environment", My proposal will add one additional convenience and financial
benefit. The benefit will be the opportunity for residents to receive quality dental hygiene
services close to home for reduced rates.
Criteria for Review
In the space provided below, please indicate how the proposal will meet the Use review criteria.
1. Consistency with zoning and non-conformity -
The proposed business will provide an alternative for dental hygiene services to
Boulder's citizens that is both more affordable and conveniently located.
2. Rationale:
(A) The healthcare service provided will offer a direct service and convenience to the
surrounding neighborhoods. There will be a limited number of evening and
2
26 Agenda Item 4A Page 11 of 13
City of Boulder - { Dep~~id.Ment, 01'
FINAL LAND U"E DPRA\N`NG
weekend appointments available as well Is a traditional appointment times of 8
- 5 a few weekdays during the week. Residents will discover a convenient
opportunity to include proper dental hygiene care in their daily routine.
(B) There is a planned transition between higher intensity and lower intensity uses in
this master planned community as it is intended as a Live/Work community.
(C) This application for the use of the space is an elegant solution for a mixed use
site. As a dental hygiene service, it can cater to the entire community. It will
especially benefit the lower income or uninsured citizens by providing needed
services at a reduced rate.
(D) This application may easily be considered a conforming option.
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 the nearby
properties;
There will be some work done to the interior of the site to create a hygiene
environment. I will have a very small reception area, an operatory for patient
treatment, and a small sterilization/lab area in the back. (Very similar to a hair
Salon setting, except I will provide hygiene services). I do not foresee any
negative impact on nearby properties.
4. Infrastructure: As compared to development permitted under Section 9-6-1, "Permitted
Uses of Land", 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 or adversely
affect the infrastructure of the surrounding area, including without limitation, water,
wastewater, and storm draining utilities and streets.
There will be no adverse affect to the infrastructure, water, wastewater, or storm
draining utilities and streets. The site is currently vacant.
5. Character of the Area: The use will not change the predominant character of the
surrounding area.
The predominate character of the surrounding area will not be changed. It will be
enhanced by providing a dental hygiene service that is available close to home at
a more affordable rate!
6. Conversion of Dwelling Units to Non-Residential uses:
The space under review has been planned as a non-traditional neighborhood that
will provide an "improved quality of life because they shop, eat, recreate and
exercise in their own immediate environment". Providing a dental hygiene
service is another improvement to the general and healthy quality of life of each
resident.
(fj 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
3
27 Agenda Item 4A Page 12 of 13
surrounding area, including without limitation objectionable conditions, glare,
visual pollution, 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;
There will be no created objectionable conditions. No glare, no adverse visual
impacts, no noise pollution and no air emissions. There will be a slight and planned
increase in vehicular traffic as the site is intended for Mixed. use and is currently
vacant. There will be no storage of equipment, materials, or refuse so that the change
will not adversely affect the surrounding area.
2. Reduction in Non-Conformityllmprovement 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;
The proposed change will not alter the physical appearance of the structure or site.
It will improve the ambiance of the site as a functioning service related entity. It
currently has a vacant store front appearance.
3. Compliance with this Title/Exceptions: The proposed change in use complies
with all of the requirements of this title:
This may be a conforming use. It is simply not listed as an option in the zoning
inclusions. The services listed do include hair salon and massage therapy. There
are many similarities between these listed inclusions and my proposal. There is
no variance to the set back requirements requested.
4. Cannot Reasonably Be Made Conforming: The existing building or lot cannot be
utilized or made to conform to the requirements of Chapters 9-6, 9-7, 9-8, and 9-
9, "Use Standards", "Form and Buls Standards"", "Intensity Standards", and
"Development Standards", B.R.C. 1981; and
The site is appropriate as it sits. The only changes will be to the interior to create
the dental healthcare environment.
5. No Increase in Floor Area over Ten Percent:
There will be no increase in floor area. The current space is sufficient.
6. Approving Authority May Grant Zoning Variances:
I believe the criteria set forth in both Subsection 9-2-3(d), B.R.C. 1981 and in
Subsection 9-2-3(h) B.R.C. 1981 have been met with this proposal,,,,,
art t o1 Pla,~ris~g and
City of Boulder - yep ,1,` lei t, ices
U 11 N! G
i4~tl {,.l' Rri E
FINAL UA
4
28 Agenda Item 4A Page 13 of 13