Minutes - Planning Board - 11/15/2001• APPROVED FEBRUARY 7, 2002
CITY OF BOULDER
PLANNING BOARD SUMMARY MINUTES
November 15, 2001
Council Chambers Room, Municipal Building
1777 Broadway, 6:00 p.m.
The following are the minutes of the November 15, 2001 City of Boulder Planning Board meeting.
A permanent set of these minutes is kept in Central Records, and a verbatim tape recording of the
meeting is maintained for a period of seven years in Central Records (telephone: 303-441-3043).
BOARD PRESENT:
Macon Cowles
A1 Gunter, Chair
Thom Krueger
Tina Nielsen, Vice Chair
Alan O'Hashi
Beth Pommar
Mark Ruzzin
• STAFF PRESENT:
David Gehr, Assistant City Attorney
Bev Johnson, Planner
Mary Lovrien, Board Secretary
Ruth McHeyser, Director of Long Range Planning
Peter Pollock, Planning Director
1. CALL TO ORDER
Chair Al Gunter declared a quorum at 6:05 p.m., and the following business was conducted.
2. APPROVAL OF MINUTES
August 2, 2001: On a motion by A. O'Hashi, seconded by T. Krueger, the Plavning Board
approved the minutes of August 2, 2001 as presented (7-0).
September 6, 2001: T. Nielsen suggested that on the first page change "STAFF ABSENT" to
`BOARD ABSENT." T. Krueger suggested that on that same page under CALL TO ORDER
indicate that T. Nielsen is the Vice Chair. On a motion by A. O'Hashi, seconded by T. Krueger,
the Planning Board approved the minutes of September 6, 2001 as amended (6-0; A. Gunter did not
vote because he was not present for this meeting).
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October 4, 2001: A. Gunter suggested that on page 2 under CITIZEN PARTICIPATION, add at
the beginning "A. Gunter indicated that the Board will not discuss Yhe project at 902 Pearl SCreet."
On a motion by A. O'Hashi, seconded by T. Krueger, the Planning Board approved the minutes
oFOctober 4, 2001 as amended (6-0; B. Pommer did not vote because she was not present for this
meeting).
3. CITIZEN PARTICIPATION
Laura Conley, 3111 lOth Street: She said that she represents the Newlands neighborhood group
in its concern about "pop-ups" and "scrape-offs." She urged the Board to recommend that staff
review this item in its 2002 work program. 5he presented a packet of materials of the results of a
neighborhood survey, including views on home construction, homes that have been sold in Newlands
over the last five years, examples of homes that are common in the Newlands neighborhood,
appropriate remodels that are on larger lots and in scale with the neighborhood ar are on smaller lots
but have certain characteristics that mitigate the mass, and inappropriata development on small lots
with high straight walls, no variation in tha roof line, no porch, and higher floor area ratios (FARs).
She explained how the questionnaire was developed and what part of the neighborhood was
surveyed. Sha submitted an article concerning review guidelines for new and second floor remodels
for single family homes in Palo Alto, California, and a checklist of all the characteristics that are
~ reviewed to see how the project would impose on the neighborhood. She suggested that a way be
found to build homes Chat fit into the neighborhood which still gives people a lot of flexibility.
The Board and staff discussed the development of the Flatirons neighborhood guidelines, "sped'
homes that respect the context in which they are built, the 2002 department work program, including
a discussion on "scrape-offs" and "pop-nps, and tracking the nnmber of homeowners in Flatirons
who have used the guidelines and getting a larger response from the neighborhood, including people
who are more likely to be against any guidelines."
4. DISCUSSION OF DISPOSITIONS, PLANNING BOARD CALL-UPS
The Board discussed the reason for the subdivision plat for 1495 Canyon Boulevard and the potential
for residential redevelopment on the lots. M. Cowles corrected the second condition of approval to
read "...no additional non-residential FAR is permitted imdar regulations in place at the time of
approving this plat."
5. MATTERS FROM THE PLANNING BOARD, PLANNING DIRECTOR, AND CITY
ATTORNEY
T. Krueger reminded staffto make it easier and simpler to get Yhe International Energy Conservation
Code forms. P. Pollock gave a repori on the Four Mile Creek meeting. He said that the property
owners have submitted annexation petitions and concepts for development, and staff has invited
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representatives from the neighborhoods, the owners/developers of the properties, and city staff to
discuss alternatives and options. A. Gunter suggested that the proposal be evaluated to see if it fits
with the existing character of the neighborhood and whether it represents what the neighbors want.
He said that apartments are more expensive to develop and density at the edge of town has far more
impacts than it does in the center of town. P. Pollock updated the Board on the neighborhood
tneeting regarding the McKenzie Junction project.
He said that City Council endorsed the staff recommendation regarding downtown zoning to
constrain the area in which the conditional height could be considered. He said that the third reading
will be held on December 4. He gave an update on the SOth Planning Department celebration,
including the panel discussion that will be presented on Channel8.
R. MeHeyser reported on the second meeting of the Jobs to Population Batance Task Force. She
said that City Council supported the direction that was requested from the Task Force and Planning
Board which was to look at all jobs and housing. She said that the group is now focused on the data
source book. A. Gunter suggested that the group make corrections to the data now before build-out
actually occurs. Some ofthe Board members asked that they be included in the e-mails that the group
receives for its information. M. Cowles said that the Task Force thought that the Planning Board and
City Council emphasized that new jobs in Boulder be high-paying, but this is not what each group
• has stated. He said that just because the amount of money that is attributable to different jobs can be
measured does not mean necessarily that it shouid be; there are qualities to jobs which make the
work meaningful and contribute more broadly to the community that may not pay well that would
be discounted ifthe focus were simply on the economic metria The Board discussed calendar issues.
6. ACTION ITEMS
A. Public hearing and recommendation to City Council regarding the Boulder
Valley Comprehensive Plan (BVCP) Action Plan.
R. McHeyser said that this item is a new implementation tool that was suggested as patt of the major
ufldate to the BVCP. She said that the idea is to set priarities and idantify work program items to
make sure that the items that were adopted in the BVCP are actually implemented.
Public Participation: There was no pub2ic participation.
Return to the Board:
Policy Implementation
1,05 Indicntors of Sustainability: There was concern that the indicator goals include
environmental indicators, and that tihey go much beyond what has been done by the Boulder County
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Civic Forum. Coordination with other agencies, such as UCAR, NCAR, and DRCOG and Boulder
County was suggested, as wel] as potential hiring a consultant. Staff noted Yhese suggestions; since
the action plan identifies working with the Boulder County Civic Fonim and other entities to develop
indicator goals specific to the Boulder Valley, this section did not need to be revised to incorporate
these suggestions.
Community Design
2.13 Preservation of Community Character: Include neighborhood preservation in this category.
Provide a forum far communication batween the developers of a"pop-up" or "scrape-off' and the
immediate adjacent neighbors.
214 Accessory Units: The subject of "pop-ups" and "scrape-offs" is an issue that is more worthy
of staff time than changing the Accessory Dwelling Unit (ADU) ordinanca.
215 Preservation of Existing Residential Uses: The Board askad staff to make these changes in
the Land Use RegiAation updates.
Environment
• 4.43 Integrated Pest Management: The Board recommended that staff provide an educational
outreach effort to the community to assist with the Integrated Pest Managament Program.
Economy
5.09 Economic Sustainability Strategic Plan: The Board asked that staffprovide the status ofwhat
is being done and provide a larger context of the balance between the environment and the economy
and how to maintain a healthy economy Yo achieve some of the quality of life goals. Provide a
section on how to address and prioriUze the tradeoffs of developing a healthy economy, R.
McHeyser explained that the wording in the BVCP says that upon completion of this plan, the
policies should be updated; the next time the policies are updated will be during the next update to
the BVCP.
Transportation
6.04 Multimodal StraYegies: The Board requested that sYaff not delay the expansion oF the menu
of Transportation Demand Management measures to the mid-term, R. McHeyser clarified that the
acYion plan does not state thaY creation of the TDM menu will be delayed, only that it would be
crsated in the short term and expanded in the mid-term.
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6.07 Multimodal Development: Add to the work program in the near term to cooperate with the
University of Colorado (CU) in its efEorts to address transportation issuas. CU is considering a car-
share program which could reduce the impacts oFvehicles for students in their first two years of
school.
6.10 Managing Parking Supply: Provide more clarity on what it means to investigate the issue of
parking maximum and minimums.
HOUSING
The Board agreed with the policies.
SUBCOMMUNITY AND AREA PLAN IMPLEMENTATION
University Hill: There was question about the value of the recent advertising campaign.
• MASTER PLAN AND PROGRAM IMPLEMENTATION
Trails Map: There is no integrated management of the trails ar p1an.
LAND USE DESIGNATION MAP
The Board agreed with the direction.
MOTION: On a motion by M. Ruzzin, seconded by A. O'Hashi, the Planning Board approved a
recommendation that City Council adopt the Boulder Valley Comprehensive Plan Action Plan as
presented in the staff rnemorandum dated November I5, 2001(preparation date November 8, 2001)
and as amended by the Board (6-0; M. Cowles was not present for this item).
DISCUSSION ITEM
A. Discussion regarding the 2001-2002 Planning Dep~rtment Work Program.
P. Polloclc explained how staff determines its work program. He asked the Board to help identify
the high- and low-priority projects to present to City Council. R. McHeyser discussed the
annexation policy project which is proposed to be completed in three phases. She said that the
proj ect focuses on how to implement the recently-adopted BVCP policy regarding actively pursuing
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annexations of enclaves, fully-developed Area II parceis, and western edge properties. She aid that
staff has comp]eted a dra& economic analysis regardiug tha costs and benefits to both the property
owner and to Yhe city through annexation to address annaxa6on conditions based on diffarent
property types; phase I will focus on individual residential annexations; Phase II will focus on group
annexations, such as Githins Acres and the Cherryva]e area; and Phase III will focus on fully_ ar
large]y-developed cominercial properties.
The Board asl~ed staff to consider commercial annexations aither befara the group annexations or
coneurrently because the group annexations wiil take more time; review Phase IIiin associalion with
the Jobs to Population Balance project; provide an economic anllysis Far the city; provida the costs
of the pollution to Boulder's creeks from leakage from privata ]each fields in individuaI and group
annaxations; and provide an economic value forintangibles such as redevelopmentpotential, market
perception, and quantity and qua]ity of wells for annexed and non-annexed, deveioped and vacant
land,
P. Pollock explained that staff wi11 be working on the downtown zoning analysis regarding third
floars along Aearl Street from 9th to 18 StreeYs. The Board discussed the limitation of the zoning
analysis to 9th to 18th Streets rather than 6th to 24th Streets. p, po~~oe~ said that there is a need For
new commercial development in areas of the city outside the purvieW of ttie Downtown Design
~ Advisory Board (DDAB) to undergo some kind of design review. He mentioned that one option
would be to expand the purview ofDDAB. He suggested an evaluation be conducted about the track
record far the design review functiion and whether mandatory review would be required. Tha Board
and staff discussed a review board composad of inembers of tha public who were not necessarily
designers or developers; whether there is value in conducting such an evaluation of the procedures
and effectiveness of DDAB; the policy options of expanding the purview of DDAB outside of
downtown ar requiring mandatory review and compliance; expansion of DDAB into a commercial
design advisory board; and DDAB as the design review board for the Boulder Urban Renawal
AuYhority (BURA) or addition of one or t~vo BTJjZt~ members Yo DDAB to review projacts,
P. Pollock discussed the items that are not on the work program (centars, accessory dwelling units,
"pop-ups"and "scrapa-offs,"and occupancyafunits). He said that staffwould not review individual
neighborhood centers unti! there is a public process. He disenssed sonle of tha centers, such as
biagonal Plaza, Table Mesa, and Gunbarral Town Center.
R. MeHeyser menfioned tha inereased activity far ADUs since tha code changes were made in 2000.
Sha asked the $oard to address staffls proposal fhat work noT be done on ADUs next year. The Board
and staffdiscussed YI~eneed to focus most of2002 staffresources on the Jobs ta Popi~~aYion Balance
project; developing fhe zoning districts so that they might be applied to the sites already designated
for mixed-nse business and perhaps other areas to become a prototype; changing the zoning in areas
where ADUs are heavily Lised and in LoW Density Residential - Deveioping (I,R-D) areas ifADUs
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are allowed in new structures and new neighborhoods to allow the program to be success£iil in other
parts of town rather than just where they have been used traditionally; deYermining the density
increase from these changas; restricting an ADU from transferring from one owner to another-- since
there is a restriction on the percent allowed in a neighborhood, this will give others in the
neighborhood an opportunity to apply for an ADU; allowing an ADU in an accessory stnicture as.
long as the principal structure is owner-occupied; providing mixtures of dwelling units in
neighborhoods; allowing ADUs to be constructed as part of an addition, solving the privacy issues
far the neighbors because then it does not matter whether the ADU is part of an additiou or part of
the principal structure.
R. MeHeyser addressed "pop-ups/scrape-offs" and said that the concerns are loss of neighborhood
character, design quality, less affordable housing stock, and the waste in demolished and consumed
resoLUces. She said this is mainly a concern in older neighborhoods in the central area where the size
is regiilated by setback and height limits. She provided pictures of the existing scale of the homes
and the expansions that are being built in the Newlands neighborhood. She outlined some of the
solutions, such as controlling volume by floar area ratios (FARs), lot coverage, building plate
heights, maximum building heights, design review, affordable housing tax, resource conservation
requiremenYs, and bulk regulations. She said that in the 1990s staff attempted to have FAR
regulations in residential neighborhoods, but City Council did not adopt these regulations. She said
~ that in 1994 the Flatirons neigl~borhood was chosen for the design guidelines project. She said that
design giiidelines were proposed but were not adopted by City Council.
The Board asked staff to add this work item as part of tha 2002 work program. The Board and staff
discussed a number of options, including: creating a good neighbar policy to provide a forum for
neighbors to express their concerns; landmarking a neighborhood as a way to slow down the "scrape-
offs;" framing the discussion to City Council differenfly Fi~om a regulatory approach; determining
what is importanY far each neighborhood rather than developing a city-wide policy; providing
specificity and mandatory review and voluntary compliance; facilitating a process in supporting
citizens in an effort to try to preserva their neighborhood; requiring neighborhood discussion about
the building plans bePore a building permit is approved; regulating "sped' house development;
requiring an affordable housing fee if 50 percent of the original house is demolished; providing
education to the neighborhoods about good design ideas about expansions and "scrape-offs" and how
these ideas fit into the context of the surrounding neighbarhood; providiug a videotape of a variety
of architectural designs with an analysis of how they evotved and the design elements and reasons
they worked; and encouraging participation at a joint American Planning Association/Lincoln Land
Institute telephone conference in December regarding monster homes. P. Pollock said that he will
prepare a summary oFPlanning Board's discussion for presentation to City Council. He summarized
that the Board would like tio add Yhis project to the 2002 work program, to facilitaYe a discussion of
a decentralized approach to design review, and to incorporate education into the process.
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P. Pollock mantioned that a way to deal with affordable housing would be to change the occupancy
of units. The Board and staff discussed addressing a non-traditional family in datermining
occupancy; whether there is an affordability benefit of increasing occupancy; development of
measures to include an 80 or 90 percent solution far Pences and monster homes; whether a"scrape-
off' represents a new development and whether to require impact fees; the impact to the aFfordable
housing stock that is caused by a new housing unit; and determination of the mechanism that is
causing the houses to be scraped so that methods can be devised to stop it from happening.
D. Gehr presanted a memor~ndum regarding how the stafF, through the development review process,
drafts conditions of approvals. He said that staff will base conditions on the code standards and will
add conditions when there are deficiencies in the code standards. He provided a draft of the 1999
Standard Conditions List which contains frequently used standard conditions and a selected list of
conditions from recent Planning Board approvals centered aroundparking reductions, transportation
demand management, and residential and non-residential interface issues. He also provided
information on what gets approved with a Planning Board level site review approval and what does
not, and the protection afforded by vested rights and standards that are not protected. He discussed
the disYinction that requires a developer to comply with current building code but permits them to
comply with the landscape regulations in place at the time that vested rights were granted.
• M. Ruzzin thanked the staff for its support while he was on the Planning Board, especially during
the time he spent as chair of the Board. He thanked the PIanning Board, specifically his mentors, A.
Gunter, B. Pommer, and T. Krueger. He said that he looks forward to continuing to work with the
Board in his new role as City Council member. The Board discussed whether to address the vacancy
on the Board until the appointments are inade at the end ofMarch. The Board decided not to request
temparary Board assignment.
8. ADJOURNMENT
The Planning Board adjourned the meeting at 10:50 p.m.
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