7B - Request to annex .88 acre parcel of land with an initial zoning of ER-E, located at 4306 19th SCITY OF BOULDER
PLANNING BOARD AGENDA ITEM
MEETING DATE: November 1, 2001
(Agenda Item Preparation Date: October 25, 2001)
AGENDA TITLE:
Public hearing and consideration of a request to annex a 0.88 acre parcel of land with an initial
zoning of Estate Residential-Established (ER-E), located at 4306 19`h Street.
Applicant: Calisle S. Dean
REQUESTING DEPARTMENT:
Planning Department
Peter Pollock, Planning Director
Robert Cole, Director of Land Use Review
Mike Randall, Planner, Case Manager
OVERVIEW:
The Planning Board is being asked to consider the annexation of 4306 19th Street and determine
if the proposal meets the applicable State annexation requirements and the Boulder Valley
Comprehensive Plan (BVCP) policies for annexation. The Planning Board is also being asked
to determine if the initial zoning of Estate Residential-Established (ER-E) is appropriate. Staff
recommends approval of this proposal based on a finding that the applicable annexation criteria
are met, and the ER-E zoning is appropriate for the site.
STATISTICS:
Proposal: Annexation and Initial Zoning LUR1998-AZ001
Project Name: 4306 19th Street Annexation and Initial Zoning
Location: Southeast corner of 19`h Street and Upland Avenue
Size of Tract: 0.88, acres (38,700 square feet)
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Zoning: Boulder County Zoning
Comprehensive Plan: Low Density Residential, Area IIA
BACKGROUND:
The subject property is located within the neighborhood commonly referred to as Crestview East,
a large portion of which is in unincorporated Boulder County (see Vicinity Map, Attachment B).
The site is bordered on the north, south and east sides by single family residences on large lots.
Under county jurisdiction, the subject property is zoned for residential use, and the one existing
home is currently on a septic system.
The large Crestview West neighborhood (the area between Broadway and 19th, Tamarack and
Violet) was annexed several years ago primarily to provide municipal services to replace the existing
septic systems and wells which were failing. Although the enclave ofCrestview East has not yet had
this level of serious utility problems, we have anticipated that the entire neighborhood will
eventually annex in order to obtain reliable services. Certain terms of annexation and development
standards were adopted with the Crestview West annexations, and these same terms and standards
are proposed to be implemented with the annexations within Crestview East.
The city has encouraged the owners of property within the enclave to annex. However, only a few
owners did actually annex or show an interest in annexation. The current application is one of four
annexation petitions which have been pending since 1998. The problem for most owners is that the
utilities are not yet installed in the neighborhood, and the cost of extending the utility lines is high.
To date only those properties within close proximity to existing utilities have annexed. The subject
property is situated adjacent to 19'" Street which has both water and sewer available.
KEY ISSUES:
Does the request comply with applicable State annexation requirements?
2. Does the request comply with the Boulder Valley Comprehensive Plan (BVCP) policies
for annexation?
3. Is the requested zoning, ER-E, appropriate fbr the site?
ANALYSIS:
1. Does the request comply with applicable State annexation requirements?
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.
Staff has reviewed the annexation request and finds that the requirements of Saction 31-12-105 (1)
(a), (b), (c) and (d) C.R.S. are met. No land held in identica] ownership will be divided into separate
parts or parcels by this annexation. The owners of 100 percent of the property have signed the
annexation petition. The subject property is at least one-sixth contiguous to the city limits. No part
of the annexation area has been part of an annexation proceeding to another municipality within the
last twelve months, and the annexation will not result in the detachment of area from any school
district. The parcels are within the Boulder Valley School District. All urban services will be
available to the site upon annexation.
2. Does the request comply with the Boulder Valley Comprehensive Plan (BVCP) policies
for annexation?
The property is ]ocated within the Boulder Valley Planning Area IIA. Area IIA is identified by the
BVCP as the area of immediate focus for annexation to the city within the first three years of the
BVCP planning period. Annexation of this parcel is consistent with the policies (see full text in
Attachment C) of the BVCP, including:
• Policy 1.25(a) Annexation will be required before adequate facilities and services
are provided.
The applicant desires services from the city for both existing and future development.
The owner will dedicate necessary right-of-way and easements andparticipate in the
cost of fi~ture public improvements in accordance with the Nortli Boulder
Subcommunity Plan.
• Policy 1.25(b) The city will actively pursue annexation of county enclaves.
The property is situated within the Crestview East neighborhood, n county e~iclave.
• Policy 1.25(c)Annexation of existing substantially developed areas will be offered
in a manner and on terms and conditions which respect existing lifestyles and
densities.
The conditions of the annexation specify terms which are co~npatible with the
existing lifestyles and for densities as depicted in the North Boulder Subcommunity
Plan.
• PolicyL25(e)Annexationofsubstantiallydevelopedpropertiesthatallowsforsome
additional residential units or commercial square footage wil] be required to
demonstrate community benefit commensurate with their impacts. Further,
annexations that resolve an issue of public health without creating additional
development impacts should be encouraged.
The conditions ofannexation provide that any additional development ofhousing on
the property will contribute rivice the fee for inclusionaryzoning. The existing home
will be connected to the city sewer system thus eliminating an existingseptic system.
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3. Is the requested zoning, ER-E, appropriate i'or the site?
The applicant does not have a specific use planned for the site but will be required to meet the
restrictions of the ER-E zone. At most, the property may be divided into two lots of 15,000 square
feet minimum. The BVCP Land Use Map designates this area as Low Density Residential, and the
North Boulder Subcommunity Plan recommends an ER designation.
At the time of redevelopment of the subject propefty, the Applicant will have to demonstrate
compliance with the North Boulder Subcommunity Plan Design Guidelines through implementation
ofthe following design standards:
(a) Street trees shall be selected from the "large maturing" varieties from the ]ist of trees
approved by the City Forester and planted as required by the city of Boulder Design
and Construction Standards;
(b) No fence shall exceed 48 inches in height between a street and the facade of the
principal building;
(c) An "entry" element shall be provided on the facade abutting a public street,
including, but not limited to, covered and uncovered porches and front doors; _
(d) Attached and detached garages shall be set back a minimum of 10 feet from the front
facade of the principal building, or if side-loaded, may not project beyond the front
facade of the building;
(e) Redevelopment shall not exceed a floor area ratio (FAR) of 0.25:1. Floor area ratio
shall be defined as the total square footage of all leveis within the outside walls of a
building or portion thereof including attached and detached garages but which shall
not include basements, detached accessory buildings other than garages, unenclosed
carports, and unenclosed porches and decks. A 500 square foot increase to the total
FAR is available for a detached or attached garage or a detached accessory building;
( fl No direct access to 19th Street will be permitted, primary access will be from Upland
Avenue;
(g) This 3ubj ect Property is within the 100-year floodplain. Any future development of
the Subject Property shall be subject to all applicable floodplain regulations; and
(h) Two story maximum above grade, not including basements.
Summary of benefits of annexing this property:
A. The site is within an enclave and annexation of this site furthers the goal of providing city
services to areas fully surrounded by the city.
B. Annexation of this site will require the existing home to be connected to city services,
eliminating a questionable septic system.
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C. SigniFicant public improvements, including right-of-way dedication, construction of new
sidewalks, and the reservation of future right-of-way needs will be provided as a condition
of this annexation.
D. Double inclusionary zoning contribution if an additional unit is developed.
E. Estate Residential-Established (ER-E) zoning for this property is consistent with the
designations on the Comprehensive Plan and the North Boulder Subcommunity Plan.
PUBLIC COMMENT AND PROCESS:
Required public notice was given in the form of written notification mailed to al] property owners
within 300 feet of the subject property and a sign posted on the property for at least 10 days. All
notice requirements of Section 9-4-2, B.R.C. 1981 have been met.
STAFF FINDINGS AND RECOMMENDATION:
Staff finds that annexation of 4306 19th Street complies with applicable State annexation
requirements and the BVCP policies related to annexation. Also, staff finds that the ER-E zone is
appropriate for the site.
Therefore, staff recommends that the Planning Board recommend approval to the City Counci] of
the Annexation LUR1998-AZ001 for approximately 0.88 acres located at 4306 19th Street with an
initial zoning of Estate Residential-Established (ER-E), incorporating this staff memorandum as
findings of fact, and the Recommended Conditions of Approval as shown in Attachment A.
Approved By:
<- ,?'''~, ~.. -''
Peter Pollock, Planning Director
ATTACHMENTS:
Attachment A: Recommended Conditions of Approval
Attachment B: Vicinity Map
Attachment C: Annexation Policies
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ATTACHMENT A
RECOMMENDED CONDITIONS OF APPROVAL
1. Prior to first reading of the annexation ordinance, the Applicant shall:
(a) Sell, or execute a"First Right ofRefusal" agreement, in a form acceptable to the City
Manager, for anywater rights associated with, or appurtenant to the Subject Property.
Ifthe Applicant chooses to execute a"First Right ofRefusal," the Applicant shall sell
any remaining water rights associated with ar appu'rtenant to the Subject Property
prior to the addition of any dwelling unit or subdivision of the property; and
(b) Pay the applicable Flood Control Plant Investment Fee of $1,286.63; and
(c) Pay the outstanding assessment for the water main in 19th Street in the amount of
$576.00 (1441ineal feet of property frontage $4.00/lineal foot); and
(d) Pay the outstanding assessment for the water main in Upland Avenue in the amount
of $933.55 (301.061ineal feet of property frontage times $6.18/linear foot); and
(e) Pay the outstanding assessment for the sewer main in 19th Street of $864.00 (144
lineal feet of property frontage times $6.00/tineal foot); and
( fl Dedicate to the city, in fee and at no cost, 10.5 feet of right-of-way along the length
of the west line of the Subject Property for 19th street.
2. The Applicant shall reserve for future right-of-way purposes and for future conveyance to
the city, at no cost, a 15 foot right-of-way along the length of the east line of the Subject
Property. The Applicant shall convey said right-of-way at no cost to the city within thirty
(30) days of a request by the Public Works Director.
3. Within one hundred and eighty (180) days of the effective date of the annexation ordinance,
the Applicant shall connect the existing residential structure to the city's sanitary sewer
system, and extend the sanitary sewer main in 19th Street to the furthest property line in
accordance with the Crestview East Utility Infrastructure Plan, and the city of Boulder's
Design and Construction Standards. The Applicant must abandon the existing septic system
in accordance with Boulder County Health Department and State regulations.
4. The city and the Applicant agree that the city will design and construct the drainage, street
improvements, new streets and bikepaths in accordance with the approved Crestview East
Infrastructure/CTtility Plan and bring the existing infrastructure in Crestview East up to the
city of Boulder's standards. No later than at the time of redevelopment of the Subject
Property, the Applicant shall pay his equitable pro-rata share of the co'sts for all public
improvements, as they abut the Subject Property, including but not limited to, paving,
roadbase, curb, gutter, landscaping, sidewalks, bicycle and pedestrian path connections,
water and sewer mains and drainage improvements for: .
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(a) 19th Street (up to a collector street standard); and
(b) Upland Avenue (up to a local street standazd); and
(c) Pedestrian and Bicycle Path adjacent to the eastem boundary ofthe Subject Property
(up to Off-Street Bike Path standard - 15 feet); and
(d) Access Lane adjacent to the eastern boundary of the Subject Property (up to an
Access Lane standard).
In the event that the public improvements are funded through the creation of a local
improvement district, the Applicant agrees to participate in and not to remonstrate against
the establishment of a Local Improvement District ("LID").
5. If the Applicant redevelops the Subject Property prior to the city's completion of the design
or construction of any of the aforementioned improvements, the Applicant wiil be
responsible for constructing the required transportation and utility improvement, on and
offsite, in accordance with the approved Crestview East Utility Tnfrastructure Plan and the
city of Boulder Design and Construction Standards as required by the city to serve the
Subject Property. The Applicant may enter into an Improvement Extension Agreement in
order to recover costs from adjacent benefitting property owners.
At the time of redevelopment of the Subject Property, the Applicant shall demonstrate
compliance with the North Boulder Subcommunity Plan Design Guidelines which shall
include, but is not limited to, the following continuing limitations on the Subjeat Pxoperty:
(a) Street trees shall be selected from the "large maturing" varieties fi'om the list of trees
approved by the City Forester and planted as required by the city of Boulder Design
and Construction Standards;
(b) No fence shall exceed 48 inches in height between a street and the facade of the
principal building;
(c) An "entry" element shall be provided on the facade abutting a public street,
including, but not limited to, covered and uncovered porches and front doors;
(d) Attached and detached garages shall be set back a minimum of 10 feet from the front
facade of the principal building, or if side-loaded, may not project beyond the front
facade of the building;
(e) Redevelopment shall not exceed a floor area ratio (FAR) af 0.25:1. Floor uea ratio
shall be defined as the total square footage of all levels within the outside walls of a
building or portion thereof, including attached and detached garages but which shall
not include basements, detached accessory buildings other than garages, unenclosed
carports, and unenclosed porches and decks. A 500 square foot increase to the total
FAR is available for a detached or attached garage or a detached accessory building;
(~ No direct access to 19th Street will be permitted; primary access will be from Upland
Avenue; .
(g) This Subject Property is within the 100-year floodplain. Any future development of
the Subject Property shall be subject to all applicable floodplain regulations; and
(h) Two story maximum above grade, not including basements.
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In order to implement the housing goals of the Boulder Valley Comprehensive Plan and to
provide a special benefit to the city as required in the BVCP, the Applicant shall pay twice
the cash-in-lieu amount in effect according to Chapter 9-6.5-6 {a)(1) B.R.C., 1981, far each
unit constructed on the subject property at the time of redevelopment and prior to application
for residential building permit(s).
Future redevelopment of this property shall be consistent with the Development Guidelines
for all Neighborhoods and the Lee Hill Road Area Development Guidelines of the North
Boulder Subcommunity Plan.
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ATTACHMENT B -- --- --- --
' Citv of Boulder Vicinit~r Map
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ATTACHMENT C
ANNEXATION POLICIES AS SET FORTH IN THE 2000 UPDATE OF THE BOULDER
VALLEY COMPREHENSIVE PLAN.
POLICY 1.25
ANNEXATION. The policies in regard to annexation to be pursued by the city are:
(a) Annexation will be required before adequate facilities and services are fumished;
(b) The city will actively pursue annexation of county enclaves, Area II properties along the western
boundary, and other fully developed Area II properties. County enclave means an unincorporated
area of land entirely contained within the outer boundary of the city. Terms of annexation will be
based on the amount of development potential as described in (c) and (e) of this policy. Applications
made to the county for development of enclaves and Area II lands in lieu of annexation shall be
referred to the city for review and comment. The county shall attach great weight to the city's
response and may require that the landowner conform to one or more of the city's development
standards so that any future annexation into the city will be consistent and compatible with the city's
requirements.
(c) Annexation of existing substantially developed areas will be offered in a manner and on terms
and conditions which respect existing lifestyles and densities, and the city will expect these areas to
be brought to city standards only where necessary to protect the health and safety of the residents of
tha subject area or ofthe city. The city, in developing annexation plans ofreasonable cost, mayphase
new facilities and services. The county, which now has jurisdiction over these areas, shall be a
supportive partner with the city in annexation efforts to the extent the county supports the terms and
conditions being proposed.
(d) In order to reduce the negative impacts of new development in the Boulder Valley, the City shall
annex Area II land with significant development or redevelopment potential only on a very limited
basis. Such annexations will be supported onty if the annexation provides a special opportunity or
benefit to the City.
For annexation considerations, emphasis shall be given to the benefits achieved from the'Freation
of permanently affordable housing. Provision of the following may also be considered a special
opportunity or benefit: receiving sites for transferable development rights (TDRs), reduction of
future employment projections, land and/or facilities for public purposes over and above that
required by the city's land use regulations, environmental preservation, or ofher amanities defermined
by the city to be a special opportunity or benefit. Parcels that are proposed for annexation that are
already developed and which are seeking no greater density or building size would not be required
to assume and provide that same level of community benefit as vacant parcels unless and until such
time as an application for greater development were submitted.
(e) Annexation of substantially developed properties that allows for some additional residentiai units
or commercial square footage will be required to demonstrate communitybenefit commensurate with
their impacts. Further, annexations that resolve an issue of public health without creating additional
development impacts should be encouraged.
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