5 - Development Review Process, Site Review Conditions, Approval Length & Vested RightsCITY OF BOULDER, COLORADO
Of}ice of ihe City Attamey
MunicipalBuilding
1777 Broadway
Past OfTce Box 791
Bouldeq Colorada 80306
Telephane(303)441-3020
Facsimile (303) 441-3859
MEMORANDUM
TO: AI Gunter, Chair
Members of the Planning Board
Peter Pollock, Planning Director
FROM:
SUBJECT:
DATE:
David Gehr, Assistant City Attorney'^~-~,-
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Development Review Process, Site Review Conditions, Approval Length, and
Vested Rights.
November 9, 2001.
1. Introduction
MEETING DATE: November 15, 2001
a. Planning Board members asked the staff to present information to it on the
development review process and the conditions that often accompany site review
applications. In order to do this, it is important to place the notion of a condition of
approval into the context of the development review process. Additionally,
information was requested on the length of development approval, and how a
development approval would affect the ability of the City to enact subsequent
development and buiiding regulations to such approvals.
b. This outline is intended to provide Planning Board members with some information
regarding how the staff, through the development review process, drafts conditions
of approval, constraints on drafting conditions, and some recent trends in conditions
that have come before the Planning Board in the recent past. It is also our intention
to provide information regarding the length of development approvals and vested
rights.
c. The discussion surrounding this issue may lead to some additional ideas for standard
conditions, or for further land use regulation changes that could be proposed to the
City Council that will enable the Planning Board to further the City's goals related
to planning and land development, as it relates to the development review process.
2. Develonment Review Process. The development review process encompasses the time from
when an application is submitted through approval up until the time the applicant is ready
to apply for building permits.
a. Aprolication. An applicant completes the first step in the process by submitting an
application to the City. There are three types of decisions on applications: staff
level, su6ject to call-up; staff-level, referred directly to the Planning Board; and
decisions that are required to be made at the Planning Board level.
b. Staff review. A multi-disciplinary staff team from many different departments
review site review applications for general compliance with the zoning standards set
forth in Title 9, "Land Use Regulations," B.R.C. 1981 and the City of Boulder
Design and Construction Standards. The multi-disciplinary staff team includes staff
from Planning, Public Works, Housing and Human Services, City Attorney, Police
and Fire. The land use regulations cover the general development scheme, while
the Design and Construction Standards cover how public improvements will be
constructed. Generally, an application goes through the staff review process at least
twice (the original and one revision) before a decision is made on it.
c. Decision. Site review deeisions are quasi judicial in nature. The approving
authority, whether the staff, the Planning Board, or the City Council, sits as a judge
to determine if the City's laws have been met. Therefore, it is important to establish
the factual basis for a decision during the hearing and decision making process.
Under the constitutional principals of due process of law, the Planning Board, as an
approving authority, is required to:
i. Consider a set of facts' that are presented to them in the context of a hearing;
and
ii. Apply the criteria and standards that have been adopted by the City Council
and codified in the Boulder Revised Code.
d. Levels of Decisions. If the staff is authorized to make a decision to approve a site
review application, it will issue a disposition of approval. Ifthe decision is for denial,
the disposition will state reasons, based on failure to meet city ordinances, why the
application is denied. The Planning Director is authorized to directly refer staff level
decisions to the Planning Board. This is generally done for projects that aze either
controversial, have a high level of community interest, have a high likelihood of
being called-up for review, or for any other reason the Planning Director deems
appropriate. Finally, some applications require a Planning Board level decision. The
following aze the three levels of approving authority for site review decisions:
'Generally, the facts that are presented to the Planning Board include the application
materials, staff materials, analysis, and testimony, the applicanYs presentation, and testimony and
other eyidence presented as part of the public hearing.
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Staff Level Decision. Any staff level decision is subject to the Planning
Board calling it up for its review. The applicant, any citizen or board
member may request such a call up.
ii. Planning Board Decision. Any Planning Board decision on a site review is
subject to the City Councii calling the decision up for review. It takes a
majority ofthe cquncil members to vote to call up a Planning Board decision.
iii. Citv Council Decision. A decision by the City Council on a site ieview
application is a final decision of the City.
iv. Judicial Apneals. Once either a Planning Board or City Council decision is
deemed to be a final decision. An applicant may or aggrieved person may
appeal a final decision to the district court under the Colorado Rules Of Civi1
Procedure Rule 106(a)(4). Appeals under this Rule are tried in court pursuant
to the record that was made before the approving authority. The standard of
review is whether the approving authority abused its discretion or otherwise
acted in an arbitrary and capricious manner. Therefore, it is important for the
Planning Board to operate within the parameters of the Boulder Revised
Code.
3. Applications. Conditions, and Approvals. In a perfect world, with perfect applications, an
approval would contain no conditions. Stripped down to its simplest form, a condition of
approval is something that is drafted in order to bring an application into compliance with
the Boulder Revised Code and the Design and Construction Standards. The staff or the
Planning Board should construct a condition using the following considerations:
a. General Due Process Requirements. Conditions must be fundamentally fair and meet
minimum standards of due process of law. The standard that has commonly been
applied in Colorado is that a decision and the conditions placed upon the decision are
based on specific adopted standards. See Board of County Commissioners of
Larimer County v. Condor, 927 P.2d 1339 (Colo. 1996), where the court held that
the Subdivision regulations within a county master plan may be enforceable if the
regulations are "sufficiently specifid' to ensure the action taken is rational and
consistent,
b. State Law Requirements. More recently, the State Legislature waded in to this area
of law when it passed Senate Bi11218, in 1999. See § 29-20-203, C.R.S., which
states:
29-20-203 - Conditions on land-use approvals.
(1) In imposing conditions upon the granting of land-use approvals,
no local government shall require an owner of private property to
dedicate real property to the public, or pay money to a public entity
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in an amount that is determined on an individual and discretionary
basis, unless there is an essential nexus between the dedication or
payment and a legitimate local government interest, and the
dedication or payment is roughly proportional both in nature and
extent to the impact of the proposed use or development of such
property. This section shall not apply to any legislatively formulated
assessment, fee, or chazge that is imposed on abroad class ofproperty
owners by a local government.
(2) No local government shall impose any discretionary condition
upon a land-use approval unless the condition is based upon duly
adopted standards that are sufficiently specific to ensure that the
condition is imposed in a rational and consistent manner.
This statute provides that all "discretionary" conditions on all land use approvals must be
based on "duly adopted standards that aze sufficiently specific to ensure that the condition
is imposed in a rational and consistent manner." This requirement is broad based and
applicable to any condition that is parC of a discretionary decision.
c. Standard Conditions. In the late 1990's, as part of the building services improvement
project, staff reviewed a large number of development review dispositions,
subdivision agreements, and annexation agreements in order to come up with a list
of standard conditions. They are used to deal with deficiencies in applications that
occur on a regular basis. Conditions continue also be drafted on a project by project
basis that address conditions specific to the property. A copy of the standard
conditions is attached as Attachment A.
d. Recent Trends in Conditions. The Planning Board has also added a number of
conditions to approvals in the recent past. The areas that the Planning Board has
expressed interest in include parking standards, transportation demand management
strategies, and residential - non residential interface issues. A selecfed list of some
conditions from recent Planning Board decisions is attached as Attachment B.
Code Standazds Related to Transnortation Demand Manaeement. How does
the City implement Transportation Demand Management techniques in
Development Review Process:
(1) Through parking reductions, and a method of mitigating the effects
of the reduced pazking on the surrounding area.
(2) Through the site review process, by applying the factor that states:
"(C) Circulation, including without limitation, the transportation
system that serves the property, whether public or private and
whether conshucted by the developer or not: ...(v) Where
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practical and beneficial, a significant shift away from single
occupant vehicle use to alternate modes is promoted through
the use of trave] demand management techniques."
ii. Residentia] - Non-Residential Interface Issues. For some land uses, the code
specifically requires good neighbar plans. They are required to be done as
part of certain conditional uses, such as restaurants that abut residential areas,
and the various shelter types that were recently approved by Ordinance No.
7132 earlier this year. They can be found at Sections 9-4.3-25 to 28, B.R.C.
1981. The basic purpose of a good neighbor plans is to address issues that
may arise between the interface of residential and nonresidential uses.
"Good neighbor" conditions have been used in some approvals as a method
to insure that the compatibility criteria of a use review is satisfied. See § 9-4-
9(d)(3), B.R.C. 1981. As part of a site review, it may be used to satisfy the
requirement that the design of the project is compatible with the sunounding
area. See §9-4-11(i)(e)(iv), B.R.C. 1981.
4. Lene3h of Development Approvals and Vested Rights. Unless otherwise approved as part
of a phasing plan, a development approval is valid for 3 years. Additionally, an applicant
may apply for up to two 6 month extensions from the city manager. After that, the applicant
is required to apply to the Planning Boazd for any additional extension of a development
approval.
a. What Aevelopment Standards are Tied Down at the Time of an Ap~rova]? Basically,
the Title 9, "Land Use Regulation" standards are tied down at the time of approval.
These standards include things like the site plan, building elevations, landscaping,
parking layout and the like.
b. What Development Standards are not Tied Down at the Time of an Approval. The
Title 10, "Structures" standards in effect at the time of building application are
applied to the development application at the time of building permit. Title 10
includes all of the life safety codes, including the codes for housing, buildings,
electrical, mechanical, energy conservation, plumbing, and fire prevention. Fees for
services are charged at the rates in effect at the time of application for the service or
additional approval.
c. How do "Vested Riehts" fit into this Eauation? Under state law, an applicant is
entitled to get vested rights with its development approval, if the approval requires
a public hearing before the decision. The vested right is granted by operation of law
if the applicanf completes all of the appropriate steps to perfect the vasted right. It
only includes the zoning code and expressly does not include any life safety or
building codes. Under C.R.S. §§ 24-68-101 through 106, if a municipality violates
a vested right, the applicant is entitled to be compensated for its post-approval soft
costs. These soft costs may include fees incurred for preparing the site for
conshuction, architectural fees, marketing fees, and ofher consultant fees.
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Compensation does not include damages for diminution in value ofthe property. See
C.R.S.§ 24-68-105.
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ATTACHMENT A
WORHING DRAFT
1999 STANDARD CONDITIONS LIST
~ January 26, 1999
INTRODUCTION .............................................................1
I. GENERAL .............................................................2
II. PLANS ................................................................3
III. PHASING PLANS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
IV. FINANCIAL OBLIGATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
V. CONSTRUCTION REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
VI. DEDICATION REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : 10
VII. RESTRICTIONS ON THE USE OF PROPERTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
VIII. OTHER REGULATORY REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
WORHING DRAFT
1999 STANDARD CONDITIONS LIST
January 26, 1999
INTRODUCTION
The list below contains frequently used standard conditions. For the most part, the conditions are used in
dispositions for Use Reviews and Site Review approvals. However, many of the conditions also find there way into
subdivision or annexation agreements. Therefore, it is important to review each condition to deeermine how well
it relates to the specific development review approval. When drafting conditions for a disposition, subdivision
agreement, or annexation agreement, the writer should keep the following items in mind.
Part~esponsible for implementin¢ the condition. Generally, the applicant will be the person responsible
for implementing a condition. However, occasionally, the City will agree to perform some task that will
make a development possible. In such a case, the City will be listed as the party responsible for
implementing the condition.
2. Subject of the Condition. The suUject of the condition is what the City expects to be accomplished by the
condition. The condition should be based on City of Boulder standards, such as Title 9, "Land Use
Regulations," B.R.C. 1981 or the City of Boulder Design and Construction Standards. Examples of the
subject of the condition include completing something that has not yet been finished; the requirement to
submit a plan for further review and approval; payment of applicable fees; or construction of some public
or private improvements.
3. Timine. Most conditions have the phrase "prior to " at the beginning of the condition.
These timing provisions are shown as suggestions for that type of condition. A different timing provision
may be appropriate for a condition of a particular project. Timing should rarely be excluded, and only for
a very definable reason. Depending upon the type of approvals upon which the condition is being imposed,
many of the timing provisions are dictated by mandatory time lines set forth in the City code. The timing
of the condition should be tied to one of the following:
a. building permit application;
b. issuance of a building permit;
c. final inspection
d. technical document review.
e. requesting issuance of a certificate of completion;
f. sale of any portion of the property;
g. first reading of the annexation (rezoning) (approving) ordinance;
h, second reading of the annexation (rezoning) (approving) ordinance;
i. recordation of the subdivision plat;
j. connection to the water (sewer) utility;
k date.
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I. GENERAL
I.1. The Applicant shal] be responsible for ensuring that the development shall be in compliance
with alt approved plans dated and on file in the City of Boulder Planning
Deparhnent. ,
I.2. [For use reviews with approved plansJ The Applicant shall be responsible for'ensuring that the
development shali be in compliance with all approved plans dated and on file
in the City of Boulder Planning Department. Further, the Applicant shall ensure that the [use
review usel is operated in compliance with the following restrictions: (list specifics, such as .
. .)
I.2.a. Location and size of is limited to
I.2.b. Normal hours of operation shall be between a.m. and p.m.
OR
The use shall be open to the public between the hours of and ,
through (time and days of the week.)
I.2.c. Number of persons employed on site shall be
I3. The Applicant shall not expand or modify the approved use, except pursuant to Subsection 9-4-
9(g), B.R.C. 1981.
L4. [For Use Review onlyJ This approval is limited to (describe use, possibly including a reference
to the applicant's written statements).
I.S. This approval shall be limited to (describe use, possibly include a reference to the applicanYs
written statement). [The initial tenant shall be (name the tenant). Any new tenant, prior to
occupying the property, shall be subject to the review and approval of the Planning Department,
to ensure compliance with this approval.]
I.6. The Applicant shall comply with all previous conditions contained in the Development
Agreement for ...(i.e. Planned Unit Development #P_, and Subdivision Agreement for
#S .)
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I.7. This approval does not amend or change the status of the underlying Site
Review/Planned Unit Development (PUD)/ Special Review/Use Review. At such time as this
property redevelops, all outstanding conditions of the Site Review/PUD/Special
Review/Use Review (#P,- -,#SR-_-~ shall be complied with or a Site Review application
for an Amendment shall be filed, subject to approval by the City.
I.8. Approval of the development [use consistent language for whatever you are calling the site to
be approved] shall not constitute a waiver of any other provision of the Boulder Revised Code
pertaining to the development and use of the ro ert .
I.9. The establishment of a vested property right pursuant to Section 9-4-12, B.R.C. 1981, shall not
preclude the application of city ordinances or regulations which aze general in nature and aze
applicable to all property subject to land use regulation, including obtaining residential growth
management allocations under Chapter 9-6, B.R.C. 1981, even if it takes a time period greater
than statutory vesting period set forth in Section 9-4-12, B.R.C. 1981.
I.10. [for annexations] The Applicant waives any vested property rights that may haue arisen under
Boulder County jurisdiction.
I.11. The Applicant shall convey drainage in an historical manner and which does not adversely affect
adjacent properties.
II. PLANS
II.1. Priar to a building permit application, the Applicant shall submit a Technical Document Review
application for the following items, and subject to the approval of the Planning Deparhnent:
II.I.a. Final architectural plans, including materials and colors, to insure compliance with the
intent of this approval (and compatibility with the surrounding area). [Add one or more
of the following sentences, if applicableJ
II.1.a.i.The specific azchitectural design shown on the approved plans, including
materials is to help assure compliance with the review criteria and cannot be
changed without an amendment approved by the approving authority. Final
detailing, materials, colors, [etc.,] are subject to planning staffreview to assure the
style is consistent with this approval. [Use if the site plan depicts the exact
building designJ.
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II.l .a.ii. The architectural intent shown on the approved plans dated
is acceptable. Planning staff will review plans to assure that the
architectural intent is performed. [Use if the general intent of the plan is
in~tended to be carried outJ
II.i.a.iii. The architectural intent shown on the approved plans or 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. [Use if
buildings are to be of a certain qualityJ
II.l.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 imgation system proposed, to insure compliance with this apprbval
and the City's landscaping requirements. Removal of trees must receive prior approval
of the Planning Deparhnent. Removal of any tree in City right-of-way must also receive
prior approval of the City Forester.
II.l.c. A detailed lighting plan showing location, size, and intensity of illumination units,
showing compliance with Section 9-33-17, B.R.C. 1981.
II, l.d. A sign program to insure compliance with the intent of this approval and the
requirements of Chapter 10-11, B.R.C. 1981.
II.l.e. A detailed parking plan showing the arrangement, locations, dimensions, and type of
parking stalls (including any areas of the site for bicycle parking or reserved for deferred
parking) to insure compliance with this approval and the City's Parking Design Standards.
II.l.f. A detailed shadow analysis to insure compliance with the City's solar access
requirements of Chapter 9-8, B.R.C. 1981.
II.l.g. Building elevations for the trash enclosure, including materials, to insure compliance
with this approval and compatibility with the surrounding area.
II. l.h. Fence plans and elevations, including height, materials, and colors, to insure compliance
with this approval and compatibility with the surrounding area. The Applicant shall
install a low fence between and
K:\PLCU~X-STD-CON-02.IQR 4'
II.I.i. A detailed development phasing plan. [This be done as part of the site review
development approval for phasingplans that go beyond three years are set forth in ~'9-4-
8.J
II.l.j. A digitized computer drawing of the development and the computer data used to
generate the drawing. The data must be compatible with the Boulder Urban Renewal
Authority's (BURA) existing Autocad information on the Boulder Valley Regional Center
(a disk in DXF format).
II.2. Prior to application for a building permit, the Applicant shall submit the following items for the
review and recommendation, of the Downtown Design Advisory Board and review and
approval of the City Manager: [Add one or more of the following sentences, if applicable.J
II.2.a. The final design of [name improvements] to ensure compliance with the
Downtown Urban Design Plan.
II.2.b. Final architectural plan, including materials and colors, to insure compliance with the
intent of this approval and compatibility with the Downtown Urban Design Plan. Any
modification to the design must be approved through this design review process prior to
issuance of a building permit.
II.3. The Applicant shail submit the final site plan through the Development Review Committee
(DRC) for final review and approval by the City Manager within 60 days of this Planning Board
approval reflecting the following: [list . . .]
II.4. [Provide a traffic control plan]
II.S. The Applicant shall submit, subject to the review and approval of the Director of Public Works
as part of a technical document review, a transportation demand management plan that
demonstrates a practical and beneficial shift away from single occupant vehicle use to alternate
modes through the use travel demand management techniques [, that could include, but is not
limited to the following: (list . . .)].
II.6. Prior to a building permit application, the Applicant shall provide a detailed final master utility
plan showing proposed private and public utility systems, including water, sewer, electric, gas,
drainage, telephone, telecommunications, and any other services that will supply the subject
property.
OR
Prior to building permit application, the Applicant shall provide, at no cost to the City, a final
master utility plan, prepared by or under the direct supervision of a Professional Engineer duly
registered and licensed to practice engineering in the State of Colorado.
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II.7. Prior to a building permit application, the Applicant shall provide, at no cost to the City, detailed
engineering drawings for proposed public and private utility systems meeting the requirements
of the City of Boulder Design and Conshuction Standards.
OR
Prior to a building permit application, the Applicant shall submit final engineering plans in
accordance with City of Boulder Design and Construction Standards for all sewer, water, flood
control, and transportation improvements for review and approval by the City.
II.8. Prior to a byilding permit application, the applicant shall submit a detailed erosion control plan
meeting the City of Boulder Design and Construction Standards.
II.9. Prior to , the applicant shall submit a detailed drainage plan and report
meeting the City of Boulder Design and Construction Standards.
II.10. [Provide utility reports/analysis]
II.11. Prior to a building permit appiication, the Applicant shall submit a detailed storm water and
flood management plan meeting the requirements of the City of Boulder Design and
Construction Standazds and the provisions of the City's Master Drainage Plan.
IIL PHASING PLANS
III.I . Note: Ifthe applicant proposes that a project be developed in phases that go beyond three years,
such plan should be done in conformance with the requirements of Section 9-4-8, B.R.C, 1981.
The phasing plan should be as detailed as possible and each phase should be able to stand on
its own. Phasing plans are generally adopted by reference.
III.2. Final Site Review approval at this time is limited to the Phase 1(describe phase) and subsequent
development is subject to review as a Site Review Amendment. [Use if only the first phase is to
be approved.J
IV. FINANCIAL OBLIGATIONS
IV.i. Prior to the first reading of the ordinance annexing the subject property by City Council, the
Applicant shall pay the applicable development excise tax far the structure on the subject
property.
K: \PLC W C-STD-CON-02 dQR
TV.2. Prior to , the Applicant shall provide the City with a financial guarantee, in a form
mutually acceptable to the Director of Public Works and the Applicant, in the amount of
$ for the installation of (describe improvements; and per lineal foot x ft.
_ $__) at (location).
TV 3. If the City requests, the Applicant shall join in a special improvement district for right-of-way
improvements to _ and shall not remonstrate against the formation of such district.
IV.4. When billed by the City, the Applicant shall pay, its pro rata share of the right-of-way
improvements, including curb, gutter, pavement, road base, bikeways, sidewalks, and drainage
improvements, for _
IV.S. [Pay outstanding assessments]
IV.6. Prior to , the Applicant shall pay to the City the outstanding water [sewer] main
assessment for the main located in the amount of $ .
IV.7. [Pay development excise tax]
IV.8. Prior to requesting a final inspection on any building permit, the Applicant shall escrow funds,
in an amount and form acceptable to the Director of Public Works, for future improvements to
Street.
IV.9. Prior to , the Applicant shall sign and file petitions for inclusion in the Northern
Colorado Water Conservancy District and the Boulder Municipal Subdistrict and pay all
applicable fees on land and improvements for inclusion in such districts.
IV.10. Prior to application for a building permit, the Applicant shal] submit a financial security to
guarantee the initial operation of the RTD EcoPass program for the benefit of all employees
(residents) within the development. The guarantee shall be in an amount not to exceed to
cover program operations for no less than (insert number of years) years. The Applicant shall pay
any amount above the amount provided in the guarantees required to ensure operation of the RTD
EcoPass program for the benefit of all employees within the development for two years.
IV.11. Prior to , the applicant shall pay [to the City] the [estimated] applicable property taxes
on the property to be dedicated to the City and [such amounts] shall be prorated as of the date
of conveyance of the property to the City. [Open Space/Mountain Parks ConditionJ.
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V. CONSTRUCTION REQUIREMENTS
V.A. PUBLIC IMPROVEMENTS
V.A.1. Prior to requesting a final inspection on any building permit, the Applicant shall construct and
complete, subject to acceptance by the City, all public improvements serving the site in
conformance with the approved engineering plans and with the City of Boulder Design Criteria
and Construction Standards.
V.A.2. Prior to requesting a final inspection on any building permit, the Applicant shall close the
existing curb cuts from (street), as shown on the approved site plan dated , in
conformance with the approved engineering plans and with the City of Boulder Design and
Construction and Standards.
V.A.3. Prior to requesting a final inspection on any building permit, the Applicant shall complete the
paving of the existing alley abutting its property (or from _ to ~ in conformance with the
City of Boulder Design and Construction Standards.
V.A.4. Prior to requesting a final inspection on any building permit, the Applicant shall repair the
existing (street, alley, sidewalks, curb and gutter, bike path, pedestrian way, drive cuts) in
compliance with the City of Boulder Design and Construction Standards.
V.A.S. Prior to requesting a final inspection on any building permit, the Applicant shall construct an
acceleration/deceleration lane, including curb, gutter, pavement, road base and drainage
improvements, abutting _ Street in compliance with the City of Boulder Design and
Construction Standards.
V.A.6. Prior to requesting a final inspection on any building permit, the Applicant shall construct a
foot wide (detached or attached) sidewalk in the following location _, in compliance with the
City of Boulder Design and Construction Standards.
V.A.7. Priar to requesting a final inspection on any building percnit, [OR at such time as requested by
the Director ofPublic Works,] the Applicant shall provide the following traffic control devices,
at no cost to the City, [specify](any standards for tra~c control devices i.e. CDOT or
something?)
V.A.8. Prior to requesting a final inspection on any building permit, the Applicant shall provide street
lights at the following locations: (add design standards for street, if applicable)
V.A.9. Prior to requesting a final inspection on any building permit, the applicant shall construct a bus
shelter on location in a location approved by the Director of Public Works and subject to
a ma'intenance agreement.
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V.A10. Prior to requesting a final inspection on any building permit, the Applicant shall, at no
cost to the City, design and construct, a inch water [sewer] main generally located
at in conformance with the approved engineering plans and with the City of Boulder
Design and Construction Standards.
V.A.11. Within 180 days of the effective date of the annexation ordinance, the Applicant shall
connect the existing dwelling unit to the City sanitary sewer system.
V.A12. Priar to , the Applicant shall discontinue the use of the existing septic tank
(leach field) serving the subject property and shall connect to the City's waste water utility
system, paying all applicable fees and chazges.
V.A13. Prior to requesting a final inspection on any building permit, the Applicant shall, at no
cost to the City, design and construct drainage and flood control improvements
generally located at _, in conformance with the approved engineering plans and with
the City of Boulder Design and Construction Standards.
V.A.14. Prior to requesting a final inspection on any building permit, the Applicant shall design
and construct, fire lanes depicted upon the approved site plan in conformance with the
City of Boulder Design and Construction Standards.
V.A.15. Prior to requesting a final inspection on any building permit, the Applicant shall, at no
cost to the City, install _~re hydrants in conformance with the approved engineering
plans and with the City of Boulder Design and Construction Standards.
V.A.16. Prior ta requesYing a final inspection on any building permit, the Applicant shall install
street trees as required by this approval; all trees in thepublic right-of-way must have the
approval of the City Forester prior to installation and musC be adequately watered by an
irrigation system.
V.B. PRIVATE IMPROVEMENTS
V.B.1. The Applicant shall construct and maintain private streets in the development in compliance
with the City of Boulder Design and Construction Standards.
V.B.2. Prior to requesting a final inspection on any building permit, the Applicant shall provide bicycle
parking for , bicycles in compliance with the City of Boulder Design and Construction
Standards.
V.B.3. All trash enclosures, mechanical equipment, and appurtenances shall be adequately screened
by design features or landscape material.
V.B.4. Prior to requesting a final inspection on any building permit, the Applicant shall install
City-approved ~re sprinkler systems in _ _
K:\PLC W C-STD-CON-02]QR
VI. DEDICATION REQUIREMENTS
VI.A. PUBLIC
VI.A.1. Prior to a building permit application, the Applicant shall dedicate to the City, at no cost,
a foot right-of-way easement for street name as indicated on the (i.e. Site
Review plan) prior to .[Use for street, alley and sidewalk dedications
~ entirely on the applicant's property.j
VI.A.2. Prior to a building permit application, the Applicant shall preserve in an undeveloped
condition and reserve, for [future dedication] (acquisition] to the City, by the City or
the State, the following rights of way: (Fill in the dimensions, location, and/or name of
rights-of-way anticipated to be acguired in the future.J
~ar~
The Applicant shail reserve for future right-of-way purposes and for future conveyance
to the City, at no cost, a foot right-of-way. The Applicant shall convey said
right-of-way to the City within thirty days of a request by the Director of Public
Works.
VI.A.3. Prior to a building permit application, the Applicant shall provide to the City, at no cost,
a_ foot access easement from the adjoining property owner to the ~,north, south,
east, westl , prior to .[Use when one-half street or alley on applicant's
property.J
VI.A.4. Prior to a building permit application, the Applicant shall provide to the City, at no cost,
a_foot access easement from the ApplicanYs property to, street name .
VI.A.S. Prior to a building permit application, the Applicant shall dedicate to the City, at no cost,
a permanent easement to construct, maintain, and reconstruct drainage or flood control
improvements in a location satisfactory to the Director of Public Works (or) _.
VI.A.6. Prior to a building permit application, the Applicant shall dedicate to the City, at no cost,
a_ foot utility easement for the installation, maintenance, and repair of a public water
[sewer] main in a width and location satisfactory to the Director of Public Works.
VI.A.7. Prior to a building permit application, the ApplicanY shall provide to the City, at no cost,
a_ foot emergency access easement.
VI.A.8. Prior to a building permit application, the Applicant shall offer for sale to the City at their
fair market value any and all water and ditch rights available for use on the subject
property.
K:\PLCWC-STD~CON-02dQR 1 O
VI.A.9. [Only for property zoned RR-E, ER-E, or AJ Prior to , the Applicant shall offer
to the City on a form provided by the City Manager the right of first refusal on all water
and ditch rights used on or appurtenant to the subject property and shall pay to the City
the necessary fees for filing and recording such form in the office of the Boulder County
Clerk and Recorder. The right of first refusal shall provide that the Applicant shall give
the manager at least 60 days' advance written notice that water and ditch rights are for sale
and the details of the sale. Further, at such time as the subject property is in whole or in
part either subdivided or rezoned, the owner thereof shall offer far sale to the City all
water and ditch rights used on or appurtenant to the suUject property at the fair market
value determined by the City and the Applicant at the time of sale.
OR
Prior to the first reading of the annexation ordinance, the Applicant shall sell, or execute
a"First Right of Refusal" agreement, in a form acceptable to the City Manager, for any
water rights associated with, or appurtenant to the subject properties.
VI.A.10. Prior to , the Applicant shall abandon and transfer to the City all shares of Silver
Lake Ditch stock associated with the subject property at the price of $25 per share.
However, upon application to the Director of Public Works, the City may contract with
the Applicant to purchase their Silver Lake Ditch Company shares for the price of $25 per
share at a later date, provided that the Applicant signs an agreement to that effect prior to
VI.A.11. Prior to a building permit application, the Applicant shall dedicate to the City, at no cost,
parkland located at in the amount of _ acres.
VI.A.12. Prior to a building permit application, the Applicant shall dedicate to the City, at no cost,
open space located at in the amount of _ acres.
VI.A.13. Prior to a building permit appiication, the Applicant, shall dedicate to the City, at no cost,
a foot scenic easement located at .
VI.B. PRIVATE
VI.B.1.Prior to building permit application, the Applicant shall secure a[width of Easement]
maintenance easement from the adjoining property owner to the _[north, east, etc.], that has
been recorded with the Boulder County Clerk and Recorder where the side yard setback is
approved as feet.
VI.B.2.Prior to a building permit application, the Applicant shall execute and record in the Office of the
Boulder County Clerk and Recorder a"Covenant and Agreement To Hold As One Parcel"
against the parcels described in Exhibit A in a form acceptable to the Office of the City Attorney.
K:\PLCW{-STD-CON-02.IQR i 1
VI.B.3.The Applicant agrees to provide vehicular cross-access to the abutting property to the (east), in
the location shown on the approved site development plan dated , at such time as the
adjacent property redevelops.
VII. RESTRICTIONS ON THE USE OF PROPERTY
VII.1. The use of the property shall remain as a[e.g. a single family dwelling].
VII.2. Prior to application for any building permits, the Applicant shall record a Declaration of Use
against all units placing a limitation on the use of garage space, stating [that garages may only
be used for the purpose of housing vehicles.] In addition, the Applicant shall include such
restriction within the rental leases or deeds for each unit, whichever is applicable.
VII.3. (For Subdivision dispositions onlyJ. The subdivision is approved subject to the terms of the
Subdivision Agreement.
VII.4. Vehicle display areas on the subject property are limited to those areas labeled for "display
vehicles" on the approved site plan dated . No vehicles may be displayed or pazked on
any landscaped areas on the site.
VII.S. The applicant shall maintain off-site parking spaces, within feet of the property, subject
to the review and approval of the Planning Deparhnent. The Applicant shall provide the City
with a copy of an executed lease providing for the off-site parking for " cars for a term of _
years. Prior to application for any building permits.
VIII. OTHER REGULATORY REQUIREMENTS
VIII.1. Prior to a building permit application, the Applicant shall submit an application for designation
of (describe property and building) as an Individual Landmark to the City
of Boulder Planning Deparhnent.
VIII.2. [Additional Architectural review by DDAB.]
VIII.3. This approval is contingent upon the Applicant obtaining the necessary variances from the
Board ofZoning Adjushnent pursuant to Section 9-3.6-2, B.R.C. 1981.
VIII.4. All exterior signs shall comply with the BURA Sign Guidelines adopted Apri120, 1988.
VIII.S. The Appiicant shall install signs in compliance with all requirements of Chapter 10-11, B.R.C.
1981. Further, no signs within the project may be (internally illuminated).
K:\PLCUVC-STD-CON-02.IQR 12
VIII.6. Prior to a building permit application, 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 subdivision process.
VIII.7. Prior to a building permit application for the consriuction of any new buildings or the property
the Applicant shall eliminate the interior property lines separating Lots , as shown on
the approved site plan dated pursuant to Section 9-5-16, B.R.C. t981.
VIII.8. Prior to a building permit application, the applicant shall obtain a wetland permit for any
regulated activity within a regulatory area as set forth in Chapter 9-12, B.R.C. 1981. Additional
requirements not presently identified may be required in the wetland permitting process.
VIII.9. Prior to scheduling the fr,: d inspection for the addition, the existing building and the addition
must meet all of the req~~~rements of the building code in effect at the time of the building
permit application.
VIII.10. Prior to buildic: -:sLrmit application, the Applicant shall obtain the necessary Colorado
Department .., ;:ansportation (CDOT) Access Permit for access onto _
VIII.11. Prior to a building permit application, the Applicant shall obtain the necessary Colorado
Department of Transportation (CDOT) Utilities Permit for all proposed construction
within State Highway _.
VIII.12. [Obtain right-of-way permit]
VIII.13. The Applicant is required to comply with the provisions of Chapter 9-9, B.R.C. 1981.
The Applicant a~~ ~mes the risk that failure to obtain any necessary floodway permit or
variance may cr n the termination of this approval.
VIII.14. This approval i;, ~ rigent upon the Applicant obtaining the necessary floodway permit
pursuant to Secu: 9-_, B.R.C. 1981, (variance pursuant to Section 9-9-10, B.R.C.
1981) prior to __ _''he Applicant assumes the risk that failure to obtain any necessary
floodway permit or vuriance may result in the termination of this approval.
OR
Apply for and receive a flood plain development permit for all proposed construction
within the flood plain and conveyance zone. The subject property lies within the
100-year flood plain and conveyance zone as shown on the Flood Insurance
Rate Map, Community Panel Number , revised [insert date]. Construction
on this site must conform to all flood plain regulations as described in Chapter 9-9,
B.R.C. 1981. Per Section 9-9-6, the lowest finished floor of the structure (including
basements) must be elevated 2' above the estimated 100-year water surface elevation.
The lowest finished floor of the proposed structure shall be elevated to ^ feet USGS.
K:\PLCNX-STD-WN-02.IQR 13
VIII.15. Prior to a building permit application, the Applicant shall submit Federal Form 7460
"Notice of Proposed Construction or Alteration", and receive approval from the Federal
Aviation Administration, to ensure that development on the subject property complies
with the Federal Aviation Regulation Part 77 "Objects Affecting Navigable Airspace."
VIII.16. [Obtain rental licenses]
VIII.17. Prior to rental license approvai for the dwelling units, the Applicant shall cause the
building to comply with all Uniform Building Code (UBC) and City of Boulder
Housing Code requirements, including but not limited to (list specific requirements).
VIII.18. This approval is contingent upon the Applicant successfully obtaining the necessary mall
permit pursuant to Chapter 4-11, B.R.C. 1981. The Applicant assumes the risk that
failure to obtain such permit or lease will result in the lapse of this approval.
VIII.19. Any architectural feature, such as the (describe encroachment) shown
on the approved ptans that project into the public right-of-way must be approved pursuant
to Section 8-6-6, B.R.C. 1981. This site review approval shall not be construed as an
approval of such encroachment.
VIII.20. Prior to scheduling the final inspection for the addition, the existing building and the
addition must meet all of the requirements of the building code in effect at the time of the
building permit application.
VIII.21. Prior to requesting a final inspection on any building permit, the Applicant shall provide
proof to the City of state licensing as a large day care center.
VIII.22. Prior to issuance of a building permit/building permit application, the Applicant shall
provide a uniform addressing program along ( street name) to aid in emergency
response for City review and approval.
VIII.23. Prior to a building permit application, the Applicant shall provide to the City the signed
consent of _ Ditch Company to the Applicant's proposed drainage plan.
VIII.24. [Ensure water quality - storm drainage]
VIII.25. The Applicant shal] provide written notice to future property owners that required street
trees and required trees abutting a street shall be watered and maintained by the property
owner for a period of five yeazs. Any tree required by this approval that dies within the
five year period, shall be replaced by the property owner within 90 days and watered and
maintained from there on for a period of five years.
VIII.26. Prior to , the Applicant shall submit an accurate existing and proposed plumbing
fixture count to determine if the existing meter and service are adequate for the proposed
K:\PLCWf-STD-CON-02.IQR 1 ~' ~
use. Water and sanitary sewer Plant Inveshnent Fees and service line sizing will be re-
evaluated. If the existing water and/or sanitary sewer service is required to be abandoned
and upsized, ail new service taps to existing mains shall be made by city crews at the
ApplicanYs expense. The water service must be excavated and turned off at the
corporation stop, per city standards. The sewer service must be excavated and capped at
the property line, per city standards.
K:\PLCNX-STD-CAN-021QR 15
ATTACHMENT B
A Se~ected List of Conditions from Recent Planning Board Approvals
Sundquist Bldg, Boulder County North Broadway Complex, 3482 Broadway, June 28, 2001
Re: TDM
e. The Applicant shall provide a plan, subject to the review and approval of the Director
of Public Works, that demonstrates a practical and beneficial significant shift away
from single-occupant vehicle use to alternative modes of transportation through the
use of travel demand management techniques.
Millennium Harvest House Approval, May 17, 2001
Re: TDM and Parking
Parking Mana eg ment. In order comply with the parking reduction and parking
deferral granted by this approval, the Applicant shall ensure that the parking
management on the site is operated in compliance with the following resh-ictions:
a. The Applicant shall provide Regional Transportation District transit passes
or a bus use reimbursement program that is in a form acceptable to the
Director of Public Works, for all employees that request such a transit pass
or bus reimbursement. The applicant shall provide information to its
employees of the availability the transit pass or bus use reimbursement
program in a manner that is designed to provide effective notice to such
employees.
b. Prior to a building permit application, the Applicant shall provide proof of
the availability ofshuttle services between the hotel and Denver International
Airport. The Applicant shall provide shuttle services or assure access to
shuttles between the hotel and Denver International Airport, the schedule of
which shall be subject to the review and approval of the City Manager.
c. The Applicant shall, on a schedule that is set and approved by the Director
of Public Works, monitor the transit pass or bus use reimbursement program,
monitor parking, and complete a parking survey that is consistent with
standard transportation engineering and planning standards and in a form
acceptable to the City, to verify parking needs of the hotel are being met.
The applicant shall provide documentation and reports for the transit pass or
K:\PLCNX-STD-CON-PB.IQR
bus use reimbursement program monitoring, . parking monitoring, and
parking survey upon request of the Director of Public Works.
d. Prior to the application for a building permit, the Applicant shall, submit for
the review and approval of the Director of Public Works, a transportation
demand management plan for its employees that promotes a practical and
beneficial shift away from single occupant vehicle use to alternate modes of
transportation.
e. Prior to an application for a building permit, the Applicant shall provide a
plan, subject to the review and approval ofthe Director of Public Works, that
demonstrates, where practical and beneficial, a significant shift away from
the single occupant vehicle use to alternative modes of transportation
through the use of travel demand management techniques.
Alteration of Ogerating Characteristics or Construction of Deferred Parking Areas.
If the City Manager determines that the parking available on site does not meet the
need for parking generated on the site, the City Manager will either order the
Applicant to alter, modify or amend this approval in a manner that will bring the
supply of parking in balance with the need for parking that is generated by the site,
or construct the deferred parking. The City Manager shall first require the Applicant
to modify the operating characteristics of the hotel facility to manage parking
demand before an order to construct the deferred parking. Upon receipt of such an
order, the applicant shall bring the site into compliance with the conditions set forth
below.
a. Operatine Characteristics. If the City Manager orders the applicant to alter,
modify, or amend this approval, the applicant shall:
Upon sixty days' written notice of such an order by mail, submit a
minormodification or amendment application, that demonstrates that
the hotel facility will be operated in such a manner that mitigates the
off-site parking impacts that the hotel facility has on surrounding
properties, through changes to the operational characteristics of the
hotel facility, on-site improvements, or transportation demand
management strategies.
2. After the City approves the minor modification or amendment to this
approval, the Applicant shall thereafter implement any modifications
to the site or to its operating characteristics
K: \PLC W (-STD-CON-PB.IQR
b. Parking DeferraL If the City Manager orders the applicant to construct the
parking deferred by this approval, the Applicant shall:
Upon sixty days' written notice by mail, submit a building permit
application, in conformance with this approvai and the City's
building codes for the parking structure.
ii. Afrer the City approves the building permit application, the Applicant
shall thereafter commence construction and diligently work towards
completion and in a manner that complies with the standard building
code development schedulas for the comptetion of construction
activities.
North Boulder Recreation Center Expansion, - 3170 N. Bdwy, May 4, 2001
Re: TDM and Parking.
5. In order to minimize traffic and parking impacts, the Applicant shall ensure compliance with
the Travel Demand Management (TDM) Plan as set forth in Transplan Associates'
Memorandum dated March 24, 2001 and the Response to Land Use Review Results and
Comments dated February 7, 2001. The Applicant shall address possible parking shortages
due to special events and peak seasonal usage and submit a final plan to the Public Works
Department for review and approval.
6. The Applicant shall, on a quarterly basis, monitor parking and complete a parking survey
that is consistent with standazd transportation engineering and planning standards and in a
form acceptable to the city, to verify that the parking needs of the recreation center use are
being met. In the event that the city manager determine that the use is generating adverse
off-site parking impacts on the sunounding residential streets, the Applicant shall amend the
TDM plan in a manner to mitigate such adverse impacts through implementation of TDM
strategies and/or recreation program management.
One Boulder Plaza Site Review, April, 26, 2001
Re: TDM
8. Prior to issuance of a building permit, and subject to the review and approval of the Public
Works Department, the Applicant shall develop a Transportation Demand Managementplan,
in consultation with the Downtown Management Commission transportation staff, that
maximizes the use of alternative modes of transportation by the employees, residents, and
visitors of the site.
K:\PLC W C-STD-CON-PB.IQR
Sundquist Bldg, Boulder County North Broadway Complex, 3482 Broadway, June 28, 2001
Re: Neigborhood Issues
The Applicant shall provide aplan, developed collaboratively with the neighborhood,
subject to the review and approval of the Planning Department, for the ongoing
communication between the Applicant and the surrounding neighborhood that
provides an opportunity for the surrounding neighbors to address off-site impacts that
the use may have on the surrounding area, including, but not limited to, impacts from
lighting, noise, landscaping, and parking, and how those impacts can be mitigated or
prevented.
The Applicant shall use the best practical and available technology in conjunction
with the installation of any outdoor HVAC systems in order to minimize noise
impacts on the surrounding residential areas.
Millennium Harvest House, May 17, 2001
RE Site design.
2. Review Requirements: Prior to a buiiding permit application, the Applicant shall submit the
following items, subject to the review and approval of the City Manager, pursuant to a
Technical Document Review:
b. A detailed landscape plan, inciuding 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 city right-of-way
must also receive prior approval of the City Forester. The final landscaping plan
shall reflect the changes required to the area south of Boulder Creek to remove 6,3-
square feet of improved parking lot and the installation of landscaping material the
same area.
c. Application for and approval of a Flood plain Development Permit for proposed
construction and improvements within the area south of Boulder Creek, to remove
approximately 6,300 square feet of improved parking lot and landscape the same
area.
K:~rLCUVC-srn-coN-ra.~Qx 4
d. Final site plan, parking layout, and building elevation s for the parking deck that will
be used to house the parking spaces that are deferred by this approval. Planning staff
will review plans to assure a comparable level ofquality and architectural style to the
existing project and the proposed addition to the hotel is provided and the pazking
araas meetthe city's parking design standards.
North Boulder Recreation Center Expansion, 3170 N. Broadway. March 4, 2001.
Re: Site Design - Landscaping
3. The Applicant shall submit a detailed landscape pla [standard language]...All mature trees
on the site, which must be removed, shall be considered for transplant elsewhere on the site.
One Boulder Plaza Site Review - Apri126, 2001
Re: Site Design
2. The temporary drive-up may be located in the northeast portion of the 1300 block subject to
the following condiYions:
a. Prior to the application for any building permits for the temporary drive-up facility,
the Applicant shall:
Apply for the vacation of the alley right-of-way. Conshuction fo the
temporary drive-up facility will be perrnitted upon City Council approval of
an ordinance vacating the alley right-of-way.
ii. Submit a final site plan for the temporary drive-up facility, subject to the
review and approval of the Planning Department.
b. Access to the temporary drive-up faciiity shall be taken from existing curb cuts on
14'h Street.
a The temporary drive-up facility shall cease operation with 18 months ofthe issuance
of a temporary certificate of occupancy or certificate of occupancy, or concurrently
with the issuance of a certificate of occupancy for the new facility which will be
located on the southeast corner of the 1300 block, whichever occurs first.
7. Prior to application of any building permits, the Applicant shall enter into a joint use
agreement, in a form acceptable to the city fo the use of the 13'h Street right-of-way for the
plaza area users.
K:~PLCUVC-STD-CON-PB.IQR
Village at Boulder Creek - Site Review, February 1, 2001
Re: Engineering Conditions
Prior to a building permit application or as a part of the Subdivision process, whichever may
first occur, the Applicant shall submit the following items for the review, and subject to the
approval, of the City:
a. Detailed engineering plans and drawings that are prepared by a registered
geotechnical engineer that demonstrate that the cut and fill on the toe of the siope of
the hillside required for the construction of Buildings B, C ad D, as shown o the
approved plans referenced above, will not further increase the chance for instability
of the hillside or will improve the stability of the hillside. The detailed engineering
plans and drawings shall include, without limitation, a soils analysis, borings and
engineered slope stabilization plan for cut and fill areas along the existing hillside,
assuting that the hillside will be stabilized and that the cut and fill will not cause
additional adverse off-site impacts on adjacent properties or to the buildings to be
constructed on site. The City Manager will consult with an engineer selected by the
University Heights neighborhood ifso requested, prior to approving final engineering
plans.
K:~PLC W (-STACON-PB.IQR