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4 - Disposition, #LUR2001-00009, Community Hospital 3, 4835 ArapahoeCITY OF BOULDER PLANNING BOARD NOTICE OF DISPOSITION You are hereby advised that on August 2, 2001 the following action was taken by the Planning Board based on the standards and criteria of the Land Use Regulations as set forth in Chapter 9-4, B.R.C. 1981, as applied to the proposed development. DECISION: Approved subject to the conditions listed below PROJECT NAME: COMMUNITY HOSPITAL 3 DESCRIPTION: SITE AND USE REVIEW: Second review of revisions. This requests has been tentatively scheduled for the August 2, Planning Board meeting. Please make comments based as a condition of approval. Annexation, Site and Use Review to locate Boulder Community Hospltal Campus on the Northeast corner of Arapahoe Road and Foothllls Parkway. LOCATION: 4835 ARAPAHOE AV COOR: N03W02 APPLICANT: JOE MCDONALD OWNER: BOULDER COMMUNITY HOSPITAL APPLICATION: Site and Use Review, Case # LUR2001-00009 ZONING: ENCLV (Enclave) CASE MANAGER: Brent Bean VESTED PROP~RTY RIGHT: YES; this approval will create a vested property right to commence and complete, within three years from the date of final approval, the following items: THERE IS NO CALL-UP PERIOD BECAUSE THE SITE AND USE REVIEW IS CONTINGENT UPON CITY COUNCIL APPROVAL OF THE ANNEXATION REQUEST. FOR CONDITIONS OF APPROVAL, SEE THE FOLLOW ING PAGES OF THIS DISPOSITION. 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 SIXTY (60) DAYS OF THE FINAL DECISION DATE, THE PLANNING BOARD APPROVAL AUTOMATICALLY EXPIRES. Pursuant to Section 9-4-8 of the Land Use Regulations (Boulder Revised Code, 1981), the applicant must begin and substantially complete the approved development in compliance with the conditions of approval. Failure to "substantially complete" (as defined in Section 9-4-B) the development in compliance with the conditions of approval shall cause this development approval to expire. At its public hearing on August 2, 2001 the Planning Board approved the request, subject to the conditions listed below, with the following motion: Address: 4835 ARAPAHOE AVENUE MOTION: On a motion by B. Pommer, seconded by T. Krueger, the Planning Board approved (7-0) the request for Annexation and Zoning #LUR2001-00008 and Site Review #LUR2001-00009, incorporating Attachment C (Site Review Criteria Checklist), as outlined in the staff memorandum dated August 2, 2001 (preparation date July 20, 2001), and including the request for buildings with heights of up to 55 feet, a parking deferral for each phase, and consideration of Vested Rights for up to ten years for each phase of development beyond the requirements of Section 9-4-12 B.R.C. 1981; and, further, including the following amended staff Finding 5 to read as follows: "The development area is proposed to be raised by site fill above 500-year flood elevations to remove it from the floodplain. Development of the hospital and related uses will also be constructed in a manner to ensure flood protection to or above 500-year levels as allowed by and exceeding local and federal guidelines and regulations;" and, further, the following amended conditions for Annexation and Site Review: Condition 1. The Applicant shall be responsible for ensuring that the development shall be in compliance with the approved site plans dated July 13, 2001, and the approved Traffic Impact Study dated May 2001, and the staff review comments dated March 29, 2001, May 25, 2001, and July 6, 2001 on file in the city of Boulder Planning Department except as modified by these conditions of approval. This change reorders the numbering of the Site Review conditions following. Condition 7. Prior to final inspection for each building permit, the Applicant shall submit a financial security to guarantee the initial operation of the RTD transit pass program for the benefit of all employees within the development. The guarantee shall be in an amount not to exceed $30,000 to cover program operations for no less than three consecutive years. The Applicant shall pay any amount above the amount provided in the guarantees required to ensure operation of the RTD transit pass program for the benefit of all employees within the development for three years. Condition 14: The Applicant shall design, construct and pay for (including financial guarantees) necessary improvements on site (such as site grading to improve flood conveyance) to mitigate floodplain impacts resulting from the placement of fill and site development as allowed by and exceeding local and federal guidelines and regulations. Condition 15: Move the following condition from the Site Review conditions to Condition 11 under the Annexation conditions: "The Applicant shall design, construct, and pray for (including financial guarantees) for the upsteam reconstruction and upgrade of flood protection systems (including the existing levee along Harrison Avenue adjacent to Open Space) to mitigate and prevent expanded flooding from Bear Canyon Creek (impacting existing residential neighborhoods). The Departrent of Public Works, Utilikies Division, agrees to enter into a reimbursement agreement with the Applicant (over a period of time based on the City Council appropriation of funds) to reimburse the Applicant for the costs of design and construction improvements that provide an overall community benefit for floodplain management in the event that site development precedes public improvements by the city of Boulder, along Bear Canyon Creek" T. Krueger offered a friendly amendment to change Condition 2 under Site Review conditions to read "This site review approval shall be effective upon annexation of this property into the city of Boulder:' He also amended the second sentence in Condition 10 under Annexation Conditions to read "Any additional floor area proposed shall be subject to review and approval through the: Site Review amendment process, and shall be subject to all regulations in place at that time." B. Pommer accepted the friendly amendment. B. Pommer offered a friendly amendment to add Condition 15 to Site Review conditions to read as follows: "Applicant shall ensure that signage is adequate for emergency egress/ingress during a flood situation" T. Krueger accepted the friendly amendment. A. Gunter offered an amendment, seconded by B. Pommer, that ttie Planning Board change Condition 1.c. under the Annexation conditions (4-3; T. Krueger, M. Cowles, and A. O'Hashi opposed) to read "Dedicate a conservation and/or park easement and a flood control easement to the city at no cost, in a form and area Address: 4835 ARAPAHOE AVENUE acceptable to the City Manager, for the 31.6 acres identified as proposed 100-year floodplain on Map C1 of the Applicant's submittal documents:' T. Krueger and M. Cowles opposed the motion because they thought that the Open Space Department should manage the entire easement and not the Parks and Recreation Department. They said that since the land is environmentally sensitive, the land should be viewed as urban open lands rather than recreation space. M. Ruzzin offered a friendly amendment to add a sentence at the end of Condition 7 of the Site Review Conditions to read "The Applicant shall provide a revised Transportation Demand Management (TDM) plan prior to the commencement of Phase II construction :' B. Pommer and T. Krueger accepted the friendly amendment. T. Krueger offered a friendly amendment to change Condition 10 under Annexation Conditions to read "Boulder Community Hospital or another non-profit organization shall be permitted to construct 420,000 square feet of floor area for the hospital and related uses. Any additional floor area proposed or the construction of approved floor area by an entity other than Boulder Community Hospital or such other non- profit organization shall be subject to the review and approval through the Site Review amendment process, and shall be subject to all regulations in place at that time." B. Pommer accepted the friendly amendment. A. Gunter offered a friendly amendment to add Condition 11 to the Annexation Conditions to read "The Applicant may modify the site plan to convert at a ratio of 1:1 up to 100,000 square feet of floor area proposed for the construction on nonresidential floor area in Phase II of the development plan to residential dwelling units. The maximum number of dwelling units that may be subsiituted for nonresidential floor area is 100 dwelling units. The residential dwelling units shall be limited to use for housing for employees of the hospital or for the employees of uses located on the property." B. Pommer and T. Krueger accepted the friendly amendment. A. Gunter offered an amendment, seconded by T. Krueger, that the Planning Board add Condition 12 to the Annexation Conditions (5-2; B. Pommer and M. Cowles opposed) to read "The Applicant may construct not more than 50 residential dwelling units in addition to the approved nonresidential floor area pursuant to a subsequent amendment to its site review approval. The dwelling units will not require a use review: The residential dwelling units shall be limited to use for housing for employees of the hospital or for the employees of uses located on the property." B. Pommer opposed the amendment because she said that such a change for up to 50 residential uses should require a use review amendment process to ensure that any additional impacts will be addressed. CONDITIONS OF APPROVAL The Applicant shall be responsible for ensuring that the development shall be in compliance with the approved site plans dated July 13, 2001, and the approved Traffic Impact Study dated May 2001, and the staff review comments dated March 29, 2001, May 25, 2001, and July 6, 2001 on file in the city of Boulder Planning Department except as modified by these conditions of approval. 2. This site review approval shall be effective upon annexation of this property into the city of Boulder. 3. Prior to a building permit application, the Applicant shall submit the following items for Technical Document review, and subject to the approval of the Planning Department: a. Final architectural plans, including materials and colors, to ensure compliance with the intent of this approval. The architectural intent shown on the approved plans dated June 18, 2001 is acceptable. Planning staff will review plans to assure that the architectural intent is performed. Address: 4835 ARAPAHOE AVENUE b. A detailed landscape plan, including size, quantity, and type of plants existing and proposed; type and quality of non-living landscaping materials; any site grading proposed; and any irrigation system proposed, to ensure compliance with this approval and the city's landscaping requirements. Removal of trees must receive prior approval of the Planning Department. Removal of any tree in the city right-of-way must also receive prior approval of the City Forestay. c, Provide a detailed lighting plan showing location, size, and intensity of illumination units, showing compliance with Section 9-3.3-17, B.R.C. 1981. d. Provide a sign program to ensure compliance with the requirements of Chapter 10-11, B.R.C. 1981, no variances to code requirements approved as a part of this request. 4. Prior to a. building permit application, the Applicant shall submit the following items for the Technical Document review, and subject to the approval of the Director of Public Works: a. Final construction plans for utility, drainage, and storm water improvements, in accordance with the city of Boulder Design and Construction Standards, including utility and drainage plans and profiles and a stormwater report and plan. b. Dedicate public utility easements, in widths, location, and form acceptable to the Director of Public Works, for all proposed public water, sewer, and stormwater improvements. Easements shall be a minimum of 25-feet in width and shall be dedicated through the city's Technical Document Review process. 5. The Applicant shall submit a final site plan through the Technical Document review process for final review and approval by the City Manager within 60 days of this Planning Board approval reflecting the following revisions: a. Fire lanes depicted upon the approved site plan steal! be relocated to be at the base of the fill and encroach in the floodplain no more than necessary to conformance with the city of Boulder Design and Construction Standards. b. The arboretum area within the floodplain area shall be relocated to the southwest, to be within the 17-acre site to be filled. c. Show the additional pavement to accommodate the pedestrian refuge to be constructed by the Applicant at the northwest corner of 48th Street and Arapahoe Avenue. 6. Prior to the application for any building permit application, the Applicant shall obtain the necessary Colorado Department of Transportation (CDOT) Access Permit for access onto Arapahoe Avenue (State Highway 7). Prior to final inspection for each building permit, the Applicant shall submit a financial security to guarantee the initial operation of the RTD transit pass program for the benefit of all employees within the development. The guarantee shall be in an amount not to exceed $30,000 to cover program operations for no less than three consecutive years, The Applicant shall pay any amount above the amount provided in the guarantees required to ensure operation of the RTD transit pass program for the benefit of all employees within the development for three years. The Applicant shall provide a revised Transportation Demand Management (TDM} plan prior to the commencement of Phase II construction. 8. Prior to final inspection of any of the buildings proposed for phase one, the Applicant shall construct two RTD transit stops. These transit stops shall each include a concrete pad, a shelter, a bike rack, and a trash receptacle. The locations of these transit stops shall be subject to the Address: 4835 ARAPAHOE AVENUE review and approval of the Director of Public Works at the time of a final plat or Technical Document Review. 9. Prior to a building permit application for any of the buildings along the Arapahoe Avenue frontage, the Applicant shall submit for Technical Document review, and subject to the approval of the Planning Department, building plans that demonstrate that the design will mitigate and otherwise reduce the potential for reflective noise from Arapahoe Avenue traffic. 10. Construction activities shall not encroach into any regulatory wetland area. Any improvements within an existing wetlands area shall be constructed to minimize and mitigate impacts to the existing wetlands in conformance with the conditions of the city of Boulder Wetland Permit issued for this project. 11. The Applicant shall design, construct, establish, monitor, and pay for (including financial guarantees) wetland creation and necessary improvements on site (such as compensatory wetlands, site restoration and revegetation) to mitigate wetland impacts resulting from the placement of fill and site development activities. 12. Fill slopes on the site that are exposed to potential scour and erosion shall be protected by adequate erosion control measures, such as reinforced walls, rip-rap or suitable landscape vegetation, to prevent any failure, carving, scour, erosion or sediment transport resulting from flood water encroachment into the filled areas. 13. Final engineering plans and reports submitted for Technical Document Review shall meet all requirements of the Design and Construction Standards (DCS) and Boulder Revised Code, 1981. If elements of the approved Land Use Review preclude the development of plans meeting these requirements, the Applicant shall be required to modify the Land Use Review approval through the appropriate city review process. 14. The Applicant shall design, construct and pay for (including financial guarantees) necessary improvements on site (such as site grading to improve flood conveyance) to mitigate floodplain impacts resulting from the placement of fill and site development as allowed by and exceeding local and federal guidelines and regulations. 15. Applicant shall ensure that signage is adequate for emergency egress/ingress during a flood situation. Approved By: l~l/t. Peter ollock, Planning Director Address: 4835 ARAPAHOE AVENUE City of Boulder .u- 1:8000 N 1 ~-~ a ~~ a"i* r~° r i Q ~.it h ~ :a, 6 Location: 4835 Arapahoe Ave Review Type: Annexation initial Review Site Review Use Review Project Name: Boulder Community Hospital Review Number: LUR20 01-110 0 09 Applicant: Joe McDonald M ~} ~.. r SLI 9.IECT PRO PERTV ~FS3S-ARAPAHOS AVE 1.IapLMk CXy d Boulder Gl6 .ti:emr.~r~r.neL..~: lwG .i.~i~:w npr~n.Y. ....e..~.~.....