4 - Call Up Item, Site and Use Review #LUR2001-00030, Holiday Drive In Theater Site, 4650 North BroaMEMORANDUM
TO: Mayor Toor and Members of City Council
FROM: Ron Secrist, City Manager
Peter Pollock, Planning Director
Mike Randall, Planner
DAT'E: October 16, 2001
SUBJECT: Call Up Item: Site and Use Review #LUR2001-00030, Holiday Drive-In
Theater Site, located at 4650 North Broadway.
Attached is the Notice ofDisposition far the Site and Use Review #LUR2001-00030, Holiday Drive-
In Theater Site, located at 4650 North Broadway.
This item went before the Planning Board on October 11, 2001. It was approved by the Planning
Board with a vote of 6-1; A. Gunter opposed.
T.his decision may be called up before the City Council on ar before November 10, 2001.
This item is being given to you tonight because your normal business meeting on NovemUer 6 will
not be held because of the election. There is one scheduled City Council meeting on October 23,
2001, during the 30-day call-up period.
CITY OF BOULDER
PLANNING BOARD
NOTICE OF DISPOSITION
You are hereby advised that on October 11, 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 WITH CONDITIONS
PROJECT NAME: HOLIDAY DRIVE IN THEATER REDEVELOPMENT
DESCRIPTION: SITE AND USE REVIEW: Proposed mixed use development on 27 acres
including: 324 units (137 permanently affordable); 55,164 square feet of
non-residential (retail, office, classrooms, daycare, etc); and a 1.7 acre
park.
LOCATION: 4650 N BROADWAY
LEGAL DESCRIPTION: See attached Exhlblt A
COOR: N09W06
APPLICANT: COEXEC DIR CINDY BROWN
OWNER: BOULDER HOUSING AUTHORITY
APPLICATION: Site Review, Case # LUR2001.00030
ZONING: MU-D (Mixed Use-Developing)
MXR-D (Mixed Density Residential-Developing)
CASE MANAGER: Mike Randall
This decision may be called up before the City Council on or before November 10, 2001. If no
call-up occurs, the decision is deemed final thirty days after the Planning Board's decision.
FOR CONDITIONS OF APPROVAL, SEE THE FOLLOWING 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 within three years from the
date of final approval. Failure to "substantially complete" (as defined in Section 9-4-8) the development
within three years shall cause this development approval to expire.
At its public hearing on October 11, 2001 the Planning Board approved, subject to the conditions
listed below, the request with the following motion:
MOTION: On a motion by A. Gunter, seconded by B. Pommer, the Planning Board approved (6-1; A.
Gunter opposed) Site Review #LUR2001-00030 with the requested setback reductions, distribution of
parking, density bonus of 10 dwelling units per acre in the MXR-D and Use Review #LUR2001-00051, and
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right-of-way alignments as indicated on the site plan, in accordance with the recommended conditions of
approval indicated in Attachment A, as noted in the staff memorandum dated October 11, 2001
(preparation date October 3, 2001). He suggested removing the MU-D zoning district from this motion. B.
Cole explained that the site was evaluated as one project and conditions of approval are written for the
entire project; if the site is split into two pieces, it might be a challenge to match up the conditions with the
different pieces. B. Pommer said that she would withdraw her second to the motion.
MOTION: On a motion by T. Krueger, seconded by M. Cowles, the Planning Board finds that the
following proposals are consistent with the objectives of the North Boulder Subcommunity Plan and
conforms to the Site and Use Review Criteria and that the Planning Board adopts the staff memorandum
dated October 11, 2001 (preparation date October 3, 2001) as findings of fact and approves Site Review
#LUR2001-00030 with the requested setback reductions, distribution of parking, 0.07 FAR bonus in the
MU-D, density bonus of 10 dwelling units per acre in the MXR-D, and Use Review #LUR2001-00051; and
right-of-way alignments as indicated on the site plan, in accordance with.the recommended conditions of
approval indicated in Attachment A; and further, that the Board postpone until a date certain the Use
Review #LUR2001-00057 for the Naropa University component of this project (6-1; A. Gunter opposed).
A. Gunter opposed the motion because he thought that the commercial development in MU-D on Lots 1,
2, 3, and 4 behind the commercial along Broadway in Diagram A-3, should be built as housing in order to
balance the jobs to population ratio.
Staff noted the following changes in the conditions of approval:
Condition S.b: 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
$8,000 to cover program operations for no less than three years for each unit or building constructed.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 9: Prior to requesting a final inspection on any building permit, the Applicant shall construct a
bus shelter on Broadway consisting of a concrete pad, shelter, trash can, bike rack, and bench.The
location of this shelter and maintenance arrangement shall be subject to the review and approval of the
Director of Public Works.
Condition 10 (adding Condition 10 will reorder the numbering of the two conditions that follow): Prior to or
concurrent with subdivision approval, the Applicant shall provide a plan to construct an additional bus
shelter consisting of a concrete pad, shelter, trash can, bike rack, and bench. The location of the shelter
and maintenance arrangment shall be subject to the review and approval of the Director of Public Works.
T. Nielsen offered a friendly amendment to add Condition 13 to read "The Applicant shall develop a
preference program for the sale of any permanently affordable units constructed on the site in a form that
is acceptable to the City Manager. Preferences may include preferences for households that may have
members who work within the city of Boulder or that prior to the purchase of such unit resided within the
city of Boulder." T. Krueger and M. Cowles accepted the friendly amendment.
M. Cowles offered a friendly amendment to add Condition 14 to read "Where a dwelling unit is designed
with a front porch, the porch shall be sized so that it functions as a place where people will likely want to
gather and comfortably do so:' T. Krueger and M. Cowles accepted the friendly amendment.
MOTION: On a motion by B. Pommer, seconded by T. Krueger, the Planning Board postponed Use
Review #LUR2001-00057 for Naropa University to November 1, 2001 (7-0).
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CONDITIONS OF APPROVAL
1. The Applicant shall be responsible for ensuring that the development shall be in compliance with
all approved plans dated August 6, 2001, and with the Land Use Review Results and Comments
dated August 24, 2001, on file in the City of Boulder Planning Department except as modified by
these conditions of approval.
2. For Use Reviews LUR2001-00051 and LUR2001-00057, the Applicant shall be responsible for
ensuring that the development shall be in compliance with all approved plans dated August 15,
2001, and September 17, 2001, respectively, and on file in the City of Boulder Planning
Department.
3. The Applicant shall not expand or modify the uses approved through the Use Review, except
pursuant to Subsection 9-4-9(g), B.R.C. 1981.
4. Prior to application for a building permit, the applicant shall subdivide the property in accordance
with Chapter 9-5, B.R.C. 1981. Additional requirements not presently identified may be required
during the subdivisiori process.
5. Prior to application for a building permit the Applicant shall submit the following items, subject to
the review and approval of the City Manager, for Technical Document Review:
a. Final site plan for each phase of the project.
b. Final architectural plans, including materials and colors, to insure compliance with the
intent of this approval. The architectural intent shown on the approved plans and in the
written statement is acceptable, but is primarily intended to indicate an acceptable quality
of development. Planning staff will review plans to assure a comparable level of quality,
but architectural style may vary.
c. 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 insure compliance with this approval and the City's
landscaping requirements.
d. A detailed lighting plan showing location, size, and intensity of illumination units, showing
compliance with Section 9-3.3-17, B.R.C. 1981.
6. Prior to application for a building permit the Applicant shall submit the following items, subject to
the review and approval of the Director of Public Works, for Technical Document Review:
Final engineering plans and reports meeting all requirements of the Design and
Construction Standards (DCS) and Boulder Revised Code, 1981, and the Land Use
Review Results and Comments dated August 24, 2001. 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. The Construction Plan set shall include the following
plan sheets and reports:
i. A Final Utility Report.
ii. Utility Plans and Profiles.
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iii. Stormwater Plans and Profiles including an Erosion Control Plan.
iv. A Final Stormwater Report.
v. Street Plans and Profiles.
vi. A maintenance plan for all proposed stormwater quality features.
Prior to building permit application, the Applicant shall obtain the necessary Colorado
Department of Transportation (CDOT) Access Permit for access onto North Broadway.
c. The Applicant shall convey drainage in an historical manner and which does not adversely
affect adjacent properties.
The applicant shall be responsible for maintenance of all stormwater quality facilities located in the
public right-of-way, unless an alternative agreement in approved by the City Manager. The
applicant shall remove facilities at their own expense if so requested by the City Manager.
8. Prior to application for building permits the Applicant shall submit the following for the review and
approval of the Public Works Department:
a. A detailed Transportation Demand Management (TDM) plan that demonstrates a
practicable and beneficial shift away from single occupant vehicle use through the use of
transportation demand management techniques, including an ongoing neighborhood
transit pass program for residents of the development.
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 $8,000 to cover program operations for no less than three years for each
unit or building constructed. 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.
9. Prior to requesting a final inspection on any building permit, the Applicant shall construct a bus
shelter on Broadway consisting of a concrete pad, shelter, trash can, bike rack, and bench. The
location of the shelter and maintenance arrangement, shall be subject to the review and approval
of the Director of Public Works.
10. Prior to or concurrent with subdivision approval, the Applicant shall provide a plan to construct an
additional bus shelter consisting of a concrete pad, shelter, trash can, bike rack, and bench. The
location of the shelter and maintenance arrangement shall be subject to the review and approval
of the Director of Public Works.
11. Prior to a building permit application, the Applicant shall dedicate to the city in fee, parkland
located at 14th Street and Yellow Pine Avenue, at no cost, and on terms and of a size and
location acceptable to the City Manager. Prior to approval of the Final Subdivision Plat and
dedication of the parkland the Applicant shall submit for the review and approval of the Director of
Parks and Recreation the following:
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a. One (1) additional set of all drawings that include stormwater detention and stormwater
quality facilities located on property to be dedicated to the city Parks and Recreation
Department. No stormwater improvements shall be located in the Park unless designed
in accordance with the Land Use Review and Comments dated August 24, 2001,
approved by the Director of Parks and Recreation.
b. The Applicant shall submit a plan that addresses all routine and long term maintenance of
stormwater quality facilities located on any public property dedicated to the City as part of
the approval.
12. If stormwater improvements are approved to be located in the Park, the Applicant shall be
responsible for all:
a. Routine and long term maintenance of stormwater detention and stormwater quality
facilities located in the park. Maintenance and restoration shall be pertormed in a manner
acceptable to the Director of Parks and Recreation.
b. Construction costs related to stormwater facilities and any additional park development
costs which may result from the concurrent use of the park area as a stormwater facility.
c. Any damage to park elements due to the presence of the stormwater features including
replacement, repair or re-construction, and language to this effect must be included in the
covenants received by each future owner within the development.
13. The Applicant shall develop a preference program for the sale of any permanently affordable units
constructed on the site in a form that is acceptable to the City Manager. Preferences may include
preferences for households that may have members who work within the city of Bouldor or that
prior to the purchase of such unit resided within the city of Boulder.
14. Where a dwelling unit is designed with a front porch, the porch shall be sized so that it functions
as a place where people will likely want to gather and comfortably do so.
Approved By:
~'''7 ~-
~~ ~ ~ .-
Peter Pollock, Planning Director
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EXHIBIT "A"
LEGAL DESCRIPTION OF
Holiday Drive-In Theater Redevelopment - LUR2001-00030
PARCEL A:
THE NE 1/4 OF THE SW 1/4 OF THE SW 1/4 AND THE NW 1/4 OF THE SE
1/4 OF THE SW 1/4 A1VD THE W I/2 OF THE NE 1/4 OF THE SE 1/4 OF
THE SW 1/4, EXCEPTING THEREFROM THE NORTH 30.00 FEET THEREOF,
AND EXCEPTING THEREFROM T:L;T PORTION LYING NORTHEASTERLY OF THE
SOUTH'rJESTERLY LINES Oc THAT PORTION CONVEYED TO THE DEPARTMEIv'T
OF HIGIirIAYS, STATE OF COLORADO, BY DEEDS RECORDED JA.WA.RY 16,
1957 IN BOOK 1035 AT PAGE 255 AND MARCH 22, 1957 IN BOOK 1040
AT PAGE 126. THE N 1/2 CF Tc~ SW 1/4 OF THE SW 1/4 OF THE SW~
1/4, EXCEPTING T?:EREFRGM WEST 40.00 FEET THER.=OF, THE iI i/2
OF TE SE 1/4 OF T:: SW 1/4JOF THE SW 1/4, ALL I?I SECTION 7,
T1N, RTOW OF TEE 6TH P.M., EOliLDER COL'N:Y, COLORADO.
EXCEPT tlD1'? PORTION LYING WITF_IN THAT TR.aCT OF LA~`1D AS CONVS'?'aD
TO THE CITY OF BOliLDER E'? INSTRIIMENT RECORDED FEERliA.RY 19, 1ocT
ON FILM 16 a'2 AS RECE?TICK i+G. 1088237. ~ '
PARCEL B:
ALL T::AT FOP.TION OF T'r:3 tiA 1/4 CF THE SE 1/4 OF THE SW 1/4 A:~"D
TEE W 1/2 OF THE NE 1/4 GF ':::~ SE 1/4 OF TE SW 1/4 LYING
NORTHEASTERLY OF THE NORTHEASTERLY LINE OF TEOSE FO~RTIONS
CONVEYED TO THE DEPA.RTME2v": OF EIGrrIAYS, STATE OF COLORADO, EY
DEEDS RECORDED JANliARY 16, 1957, IN BOOK 1035 AT PAGE 255 AiV~i
MARCH 22, 1957, IN EOOK 1040 AT PAGE 126, EXCEPTING THEREFROM
THE NORia 30.00 FEET TEERSOF, ALL IN SECTION 7, T1N:, R70W Or^~
THE 6TH P.M., COL'~iY OF ECGLDER, STATE OF COLCRADO.; '
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