5 - Docket LU-95-06, Pancost Hogan, Limited Impact Special UsePoaf OMce Boz a71 . BoWtler, caorado 803p6
land Use Department
Courthouse Annex
2045 131h Sireet . 13M & Spruce Sheets • Boultler, Cobrado 80302 •(303) 441-3930
BOARD OF COUNTY COIVIMISSIONERS
AGENDA ITEM
THURSDAY, SEPTEMBER 21, 1995 -- 9:00 A.M.
Hearing Room, Third Floor
County Courthouse, Boulder
PUBLIC HEARING
STAFF PLANNER: Mark Sprague
RE: Docket LU-95-06: PANCOST HOGAN Limited Imaac[ Soecial Use
Request:. Limited Impact Speciul Use Review for grading in excess of 500 cubic yards.
Location: On SSth Street, north of South Boulder Road, in Section 4, T1S, R70W.
Zoning: Suburban Residential (SR)
Applicants: Charles P. Pancost / Thomas P. Hogan
Agent: Drexel Barrell & Company
DISCUSSION
77~e application is for Limited Impact Special Use Review approval for earthwork involving more than
500 cubic yazds of material. The property is located on 55th Street just north of South Boulder Road.
The west and northeast property lines are on the ciry limit of the City of Boulder. To the west, just inside
ilie cit}', is Keewaydin Meadows subdivision, and to the north and northeast is the East Boulder
Communiry Pazk.
The site is Iriangular in shape, relatively flat, and comprised of two parcels, one owned by Charles Pancost
and the other by Thomas Hogan. On the property are four storage buildinos, a small grain bin, and
fencing for an arena and other containment.
The applicant has placed fill materia] on the propercy and wishes to distribute it on site to modify the
exis6ng ~rade, According to the suhmitted site plan, this modification will oceur on the west half of the
property, and mostly to the north. Proposed changes in gratle elevations will range from 0 to 2 feet. The
tor,il amount of fill proposed is 12,800 cubic yards.
Currenrly, the owners have requested annexarion by the Ciry of Boulder and are in the first stage of Major
Site Review with the City.
Jono L Mendez Ronoltl K. SYewwt Paul DanLSh
CounN Commluloner County Commissloner County Commissloner
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REFERRALS
Referrals were sent to agencies and adjacent property owners. The comments received are attached for
your review.
The Transportadon Depamnent required that the grading plans be certified by a Professional En~ineer,
:u~d tha[ a drainage plan be submitted to show any possible impacu to adjouung properties.
Parks and Open Space required an updated wetland delineation for the property, and recommended that
qu~ilitutive assessments of the weUands be incorporated with the study. They also expressed concem with
the incre:ised potentia] for wind and water erosion and invasive plants that would result from two separate
grading events if the property were to be annexed and developed in the neaz future.
The Buildina Division scated that a gradina permit is required prior to commencement of any earthwork,
and that all arading must be in accordance with Appendix ch. 33 of the 1994 Unifoan Building Code.
I[ was rilso noted that an investigation fee will be'assessed az the time of issuance of any gradina permit.
Otlier comments stated specifications that would be required for any structures built on the site while in
the County's jurisdiction.
The Health Department stated that they had no conflicts.
The City of Boulder Planning Department indicated thut the applicant had requested annexation and was
in the Issues Identification stage of Major Site Review. During a hearing for that process, issues that were
raised included impacts on weUands and wildtife, alteraTion of groundwater conditions su6sequent to
development of the East Boulder Community Park, and dr~unage onto adjacent properties. These concems
are ulso expressed in the written responses to the County. The City planning staff recommended that a
weUand delinea6on and evalualion be completed in accordance with the City of Boulder Wetland
Pro[ection Ordinance, that smdies be conducted for Ute Ladies' Tresses Orchid and Preble's Meadow
Jumping Mouse. In addition, they smted that an analysis of ~roundwater conditions be performed to
deteraiine the extent and potential solutions for groundwater problems.
The Ciry of Boulder Open Space Department indicated that the City owns land to tlie east of ihe site
which is maintained as open space, and Uiat a drainage plan shouid be provided to determine whether there
will be site drainage onto the Ciry's property.
CRITERIA ANALYSIS
St;iff an:ilysis of the appiication, with respect to the standards for review of Article 4-602 of the Boulder
County Land Use Code is as follows:
The proposal meets the murimum zonin~ standards; however, further information is needed in order to
determine whether it will meet development standards for drainage and erosion cited in Sections 7-900
through 7-903 of the Land Use Code.
The Boulder County Comprehensive Pl;ui shows the property is not within an archaeolo~ically sensitive
area.
RECOMMENDATION
Land Use Staff recommends that the Boazd of Counry Commissioners CONDl'I'IONALLY APPROVE
Docket LU-95-06: PANCOST HOGAN, subject to the following conditions:
I) A wetland detineation and evaluation completed in accordance with the City of Boulder Wedand
Protection Ordinance must be submitted to and approved by the Parks and Open Space
Depamnent prior to issuance of a grading permit.
2) Official surveys for Ute Ladies' Tresses Orchid (Spiranthes diluvialis) and Preble's Meadow
Jumping Mouse (Zapus hudsonius preblei~ aze to be conducted on site by a qualified biologist and
must be submitted to and approved by the Pazks and Open Space Department prior to issuance
of a grading permi[.
3) Grading plans are to be certified by a registered professional engineer prior to issuance of a
grading permit.
4) A drainage plan, certified by a registered professional engineer, must be submitted to and
approved by the Transportation Department prior w issuance of a grading permit. The drainage
plan must indicate impacts to adjoining proper6es. Contact the Transportation Departrnent (441-
3900) for further information.
5) A aroundwater analysis must be conducted by a hydrologist or other qualified professional prior
[o issuance of a grading permit. The analysis must adequately verify that this proposa] will not
increase basement flooding for the adjacent residents.
6) A revegetation plan must be submitted to and approved by the Land Use Department prior to
issuance of a grading permit. The plan must properly address timely erosion control and contain
a weed management plan.
7) Composition of all fill on site must meet approval of the Transportation Depariment.
8) App]icant must submit a title ;u~d encumberances rePort for all parcels involved.
9) If the applicant is unable to fulfill the requirements set forth in these conditions and obtain a
~rading permit within 90 days, this Limited Impact Special Use will become void. The time limit
may be extended by the Zoning Administrator if the nature of annexation proceedings or other
circumstances would warrant more appropriate timing. The request for such an extension must
be in writing and fully explain the reasons for the request.
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PANCOST CHARLES P ~
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PARCEL NUMBER: 1577Q44000~2
ASSESSOR ID NUMBER: 36174 BOUlDB1 CWNIY IAN1 USE
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Pcaf Ofllob Box 471 • Boukfer. Colorodo Bp3pb
Land Use Department
Atlmintsirafive Services BWldlnp
2D40 14ih Street • 141h & Spruce Sheets . BoWder, Colorado 80302 •(303) 4q1-3930
August 2, 1995
Charles Pancost
] 8021 County Road 26
Brush CO 80723
Re: Application for Limited Impact Special Review for property on 55th Street 4- 1S - 70
De;u Mr. P:uicost.
As we discussed on the telephone today, we need the following for your applicazion.
Documentauon thaz the other properry owners for this project are aware of the processing you
have appiied for, and approve the work you have proposed.
Z. Tide and encumberances ieports from a title company for all parcels involved.
At diis [ime, we will keeP processing your application, but please be aware that we will need these items
hefore a determination can be made.
Th~uil:s.
Sincerely, ~
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Mark 5pra~ue ~~1Z
Current Planning Division
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Jana L. Mentlea Ronaltl K. Slewort ~ Homar Pape
County CommLwoner County Commluloner ~ . Counry Commlaloner
~ Poaf Offlce box 471 . BoWdar. Cdoracio 80305 1
Land Use Department ~
Adminahative Services Buildinp ~
2040141h Sheet • 141h & Spruce Sheets . Boulder, Coloratlo 80302 .(3D3) 441•3930
-'~ "" '-' °' "-'- MEMO TO: Agencies and Adjacent Properry Owners
- ; ,
- FROM: Mazk Spiague, Staff Planner
, ~ ~. DATE: August 2, 1995
'= '=. RE: The foliowing applicafion, now being processed
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Docket LU-95-06: PANCOST HOGAN PROPERTY Limited Impact_ Special_Use
Reyues[: Limited Impac[ Special Use Review for grading in excess of 50U cubic yards.
Location: On SSth Street, north of South Boulder Road, in Section 4, T1S, R70W.
Zonin~: Suburban Residential (SR)
Applicant: Chazles P. Pancost / Thomas P. Hogan
Agent: Drexel Barrell & Compaziy
Limited lmpact Special Use Review is requiretl of uses which may have greater unpacts on services,
neighborhoods or environment than those allowed with only Building Per[nit Review. This process
reviews compa[ibility, services, environmental impacts, site plan and any other relevant concems. It
indudes a public hearina before the Board of Counry Commissione~. Holders of liens, mor[gages,
eysements or other righu in the subject property, and adjacent property owners, are noufied.
The Land Use sciff. Planning Commission and Counry Commissioners value commenu from individuals
~u~d referral agencies. Please check the appropriate response below or send a letter. Late responses wil]
he reviewed as the process permiu; lack of response will be taken to indicate support for the proposal;
all comments will be made part of the public record and given to the applicant. Only a portion of the
suhmi[[ed documenu may have been enclosed; you are welcome to review the endre file at the Land Use
DePt., 14th and Spruce, Bouider. If you have quesuons regardin~ this application, please contact our
office.
Letter enclosed.
Si~ned Please PRINT Nune ~~] (~; xoTf~[}/
A~ency or Address 33o P~~~,fi~f~Cg~ ~iIP~~ C9~_.
Please retum sponses to the above address.by Au2ust 24, 1995.
~JJc have reviewed the proposal and have ciu confiic[s.
..
Jana L Mentlez Ronaltl K. Stewarf Homer Pape
County Commissioner County Commtssloner ~ . County Commlssloner
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DEPAR7M~hIT OF THE ARMY
CORI'8 DF ENGINEERS.OMAHA DibTRICT
7'RI-LA1~6 PROJECT OFFlC~ Yl07 6TATE H1VY 121
Ln'TLETON, COLARADO 80129.8901 ~
Septcmber 25, 1992
Mr. Dave Steincnan
AquaHc & Wetland Oonsultants
Siena Square
2060 Broadway, Suit~ 255
Boutder, Colorado 80302
Dear Mr. Stcinman:
This leiter is to inform you that ihe wetland delineation Kxwaydin Mcadows map datod
Soptembcr 9, 1992 is considered accuiate and acceptablc by this office. This'project is located
3n Se~tion 4, Townsfilp ] Swth, Range 70 West, Boulder County, Colorado ~The weUands are
considered to be waters of lhe United States pursuant W Sxtion 404 of the ~lean Water Act.
If a proposcd acpvity ra;uires the placement of temporary or peamanent dredged or fill material
into these watcrs, this office should be contacted for proper Dcpartrnent of the Army permits.
This weUands jurisdictional delincation is valid fot a period of three y~ara from the date
of this letter unless new informarion waaants revision of the delincadon bcforc the expim6on
dace. i
Please be advised that the U.S. Pish and Wildlife Service (USFWS) has determined that
the Ute Iady's-tresseS ozcMd, Spiranlhes ii vi i, may occur in seasona]ly moist soils and wet
meadows near springs, lakes, or perennial strcams and thcir associated flood p~ains below 6,SOD
feet elevation in Colorado, This plant species is now officially lisud as t}ueatenod und~r thc
Endangered Species Act. A survcy for this p3ant species will be required bdfore the Corps of
Engineers can issue authorization for work within waters of the United Statcs. I have attachcd
a copy oi a)uly 14, 1992 leiter from the USFWS oullining this requirement.
If you have any questions concerning thIs matter, please fce1 frx to ~ontact Mr. Terry
MeKee of my staff at (303) 979-4120 and reference action ID A199280484. ,
Sincerely,
~
Tim .
Pfoject Manager
Enclasure
'[JrIITED STATES DEPARTIVIF.NT OF T.FiE INT~:RIO~
FISFI AND WILDLIFE SERYICE ~
~ ,-~ wn.nt.u~ ~xs,~r~c~aa r j
zee: FWEJCD:ES:Plants-Sfliranthes
To Whom It May toncern:
Copies of the fnterim requirert~nts can by obtained by contacting the Service at one of the
fol]owing locations: .
above, should be survayed. i
Documeniation of compliance with survey requirements and reco~nendations is accompltshed
thrbugh submission to the Service of a survey report. The Service !wi1T respond xith a
letter lndicating acceptance of the report. ~
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Sa1t Lake Gfy, UI BQIOLSIIO ;
COT.IIti'~SOI) 57A-5630
diluvialis, Ute ladies'-tresses or~hid
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July 14, 1992
The U.S. Fish and Wildlife Service (Service)•has established interjm requirements and
guidelines ,for surveys to determine the presence ar absence of theifederally threatened
species Soiranthes dilwialis, Ute ladies'-tresses. These gu9deli es were developed by
the Service in consultation wi2h biologists and ecologists knowled eable about the species
in order to gaie more information about the species, identify poteqtial habitat, and
stream~ine and stnndardize survey procedures. !
Spiranthes ~,j,luviaiis DctuYS in seasona7~y moist soils and wet mea ows near springs,
lakes, or perennial streams and their associated flood platns belov~ 6,500 feet elevation
in Utah, Cotorado, and Nevada. Typical sites include oid stYeam channeis and alluvta7
terraces, subirrigated meadows, and other sites where the soil is ~aturated te within 18"
of the surface at least temporarily during the spring or suaener gr.wing seasons.
The moist soi7 conditions and vegetation composttion af icn~wn SL.piranthes sites suggest
that wetlands reguiated under the Clean Nater Act quaiify as potent~ial S,,pira~thes hab~tat.
7herefore, de7ineated xet7ands, as well as other drier sites matchi;ng the descripLion
Bernardo Garza
U.S. Eish and Ni7dlife Service
730 5imms St., Room 290
Golden, CD 80401
(303) 231-b280
Lucy Jordan
U.S. fish and Hildiife Service
529 25 1/2 Road,:5uiie B-113
Grand Junction, CO 81505
(303) 243-2778
Larry England j
U.S. Fish and Wi.ldlife Service
1745 West 1700 Sout~h
Sa1t Lake City, Uta'h
~ (8D1} 524-5636 : •
The Service recommends that this letter of natification be copied ahd distributed to
anyone planning a project in areas that may qualify as potential ~~ranthes habitat as
described above. Q ~
n ~~
Reed E. H~ris
Fie7d Supervisor-CO/UT
CITY QF BOULDER, COLORADO
O(fice of ~he Ciry A~lomcy
Municipal I3uilding
177? I~madw2y
Post Office dox 791
HoWJcq Colorado 8030G
Telcphonc(303)441-3020
Facsimilc (303) 441-3859
MEMORANDUM
TO: Peter L. Pollock, Planning Director
FROM: Jerry P, Gordon, Deputy City Attorney
SUBJECT: Potential Conflicts of InYeresC
DATE: March 12, 2001
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At last Thursday's Planning Board meeting, a question came up concerning potential
conflicts of interest on the part of Planning Board members who live near or in areas being
considered far land use designation changes. This short memorandum responds to that inquiry.
A general memorandum concerning contlicts of interest was prepared by City Attorney
Joseph de Raismes, in March of 1995, and is distributed to all board members upon appointment.
Proposals made in that memorandum have been utilized since that time. Recently, they were
formally adopted by the City Council. (A copy of that memorandum can be made available to any
Planning Board member who is interested in reviewing it.)
In the present context, the basic applicable principles are as follows:
There is a concern that if a decision maker lives within 300 ft. of a property subject to
legislative action, that legislator may be perceived to be subject to undue community pressure.
Therefore, the operant rule in our City has been that decision makers disqualify themselves in cases
in which they live within 300 ft. (approximately one block) of a subject property.
Beyond 600 ft. (approximately two blocks), there has been a strong presumption that decision
makers are not unduly affected by neighborhood pressure. In those cases, conflicts of interest have
notbeen declared.
Between 300 ft. and 600 ft., decision makers have made individual decisions based upon
facts unique to each individual situation. A basic question far those decision makers has been their
subjective feeling of whether or not they would be unduly influenced by neighborhood pressure.
Decision makers have also considered whether or not -- from an object point of view -- it would
probably appear to other members of the community that undue influence had been brought to bear.
(Or, in the words of the ordinance, whether or not "a reasonably prudent person observing the
situation would expect a marked tendency to make a decision other than an objective decision." See
Subsection 2-7-2(c), B.R.C. 1981.)
K\PLAD\m-con~io~s comp plan.yad