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7A - Site Review #SI-95-25, Dakota Ridge Village, amend North Boulder Subcommunity Plan1.~I CITY OF BOULDER PLANNING BOARD AGENDA ITEM MEETING DATE: May 16, 2002 (Agenda Item Preparation Date: May 3, 2002) ~ AGENDA TITLE: Public hearing and consideration of : 1. An amendment to the conditions of approval for Dakota Ridge Village Site Review # SI- 95-25, to delay the timing for completion of Fifth Street, and 2. Amend Yhe North Boulder Subcommunity Plan to relocate the Fifth Street extension to Lee Hill approximately 300 feet east. Applicant/Owner: Richard McCabe REQUESTING DEPARTMENT: Peter Pollock, Director Planning Bob Cole, Director of Land iJse Review Brent Bean, Senior Planner, Presenter OVERVIEW: The Planning Board is being asked to consider a request to delay the construction of the 5`" Street extension from Dakota Ridge Village to Lee Hill Road. Additionally, the Planning Board is being requested to consider an amendmant to the North Boulder Subcommunity Plan (NBSP) changing the alignment for Fifth Street. Staff recommends approval of both amendments. STATISTICS: Proposal: Amend Condition #6 of the July 1, 1999 Planning Board Notice of Disposition, allowing the connection of 5`h Street to be constructed no later than development of the 5`h Phase of Dakota Ridge Village. Relocate 5`h Street approximately 300 feet east of the point of connection with Lee Hill • Road as shown on the North Boulder Subcommunity Plan (NBSP). s:\plan\pb-ite[ns~nemos~BBDRVSthSt.doc AGENDA ITEM # 7A Paee 1 Project Name: Dakota Ridge Village I,ocation: Generally located northwest of the intersection of Broadway and Lee Hill ~ Road. More specifically located north of Lee Hill Road, west of Lykins Avenue. Zoning: MR-D (Medium Density Residential - Developing) Comprehensive Plan: Medium Density Residential KEY ISSUES: 1. Are there reasons why construction of 5`h Street should not be delayed? 2. Should the location oF S~h Street as shown on the North Boulder Subcommunity Plan be relocated 300 feet east? BACKGROUND: Dakota Ridge Village was approved in July of 1999. The first phase of the development is currently under construction. The second phase Final Plat is under review and expected to begin development this summer. The third phase plat is planned to begin review this fall. Fifth Street is required to be built at the time the 3rd filing Dakota Ridge Village is platted. Fifth Street will ~ serve as a relief street for vehicular movement within Dakota Ridge Village and complete street connections south to Lee Hill Road. Four streets were planned in the NBSP to connect the Dakota Ridge developments south to Lee Hill Road. Fifth Street will be the last north south connection. See the vicinity map, Attachment "A" which shows the location of 5`" Street on the current NBSP and the proposed change. Dakota Ridge Village is a medium density development approved for up to 420 residential units. In addition to residential use, a neighborhood center (village) will be developed and a quasi- public site developed (recreational use, church, private school, or similar use). This development is approximately 42 acres in size. Twenty acres of the total acreage has been dedicated for public use--puks (3 acres) and open space (17 acres). The 17 acres of Open Space lands were credited to the open space requirements for each unit. As a result, the developing portions of the site are denser than a normal medium density development. Condition #6 of the Planning Board Notice of Disposition for Dakota Ridge Village Site Review reads: "Prior to or in conjunction with the filing of the Subdivision for the Third Phase of the Site Review, the Applicant shall construct the extension of S~h Street to Lee Hill Road, at no cost to the City of Boulder." The North Boulder Subcommunity Plan (NBSP) shows the extension of 5`h Street running west of Lykins Avenue through the Parsons Ranch property to Lee Hill Road (see Attachment A for . s:\plan\pb-items~nemos~BBDRVSthSt.doc AGENDA ITEM # 7A Pase 2 the location of Parsons's ownership). The applicant is in the process of completing the Carrie • Subdivision, which will extend 5`h Street south of Lykins ?;venue to the Open Space corridor. The amendment process for the North Boulder Right-of-Way Plan requires Planning Board approval to relocate a designated road and intersection by more than 50 feet (rules 1 C& F). Moving the 5`h Street alignment and intersection with Lee Hill Road to the westem edge of the Carrie Subdivision wil] require the road alignment to be moved approximately 300 feet east along Lee Hill Road from the location designated on the NBSP (see Attachment A). A 90° intersection with Lee Hill Road and 5`h Street is required which results in 5`h Street crossing the southern end of the Open Space trail. The Open Space Board must approve dedication of this portion of right-of-way. Complicating this requirement further, when Open Space purchased the trail corridor from the Parson's Ranch property, the Pazson's retained a restriction over the trail corridor restricting public road use of any portion of the trail corridor. Staff has been working with the Parson's family to get a release of this restriction for only that portion of the trail that the road will cross. The Parson's have agreed in concept to the release of the restriction. ANALYSIS: Are there reasons why construction of 5`h Street should not be delayed? The development of 5`h Street is required to assure that the intemal connectivity created ~ by parallel roads within this neighborhood is met. In addition, the extension of 5`h Street will relieve traffic flows along Dakota Ridge Boulevard, 10`h and 6~h Streets. Third filing is the westernmost portion of Dakota Ridge Village, primarily west of 5`h Street. Laramie Avenue will serve as the primary access for Dakota Ridge, but traffic studies show that 5`h Street will be used to relieve some of the traffic movements from the western end of Dakota Ridge Village. The need for development of S~h Street at this time is not imperative, but it must be completed before Dakota Ridge Village is complete. The latest time this can occur is in conjunction with development of 5`n Filing Dakota Ridge Village. The issues supporting this request to delay development of 5`h Street are: 1) The applicant cannot acquire the current location for Sth Street as designated on the NBSP and right-of-way plans. Staff has been working with the Open Space Division and Parson's property to acquire the necessary right-of-way for the revised location for Fifth Street. 2) Carrie Subdivision will extend 5`h Street to the Open Space trail corridor which will be approximately 100 feet shy of Lee Hill Road. 3) Unti15`h Street is extended to Lee Hill Road, 6`h Street can serve as an interim westem connection for the western edge of Dakota Ridge Village. Sixth Street will be completed with the first phase development of Carrie Subdivision (this summer/Fall). • s:\plan\pb-items~nemos~BBDRVSthSt.doc AGENDA ITEM # 7A Paee 3 4) The Open Space Board must approve the dedication of that portion of 5`h Street that crosses the Open Space comdor. • 5) The Parson's family must approve a release of their restriction on use of any portion of the Open Space corridor for public right-of-way (vehicular use). It is anticipated that the Open Space Board will review this issue (May 8, 2002) before the Planning Board meeting. A response should be available at the Planning Board meeting. The Pazson's family has indicted a willingness to work with the city to release that portion of the trail easement needed for the extension of 5`h Street. They have never supported the location of 5`h Street as shown on the NBSP. The applicant has committed to constructing S~h Street once the right of way is available. Therefore, staff recommends that 5`h Street is extended to Lee Hill Road as soon as possible. It appears that this work could be completed sometime this fall if all the approvals can be obtained. If there is a snag in the negotiations, staff would recommend that the applicant be given the additional time to allow the process to be completed, but no later than requesting consideration of S~h filing Dakota Ridge Village. 2. Should the location of 5`h Street as shown on the North Boulder Subcommunity Plan be relocated 300 feet east? The NBSP shows the location of S~h Street running southwesterly from Lykins Avenue to Lee Hill Road. The revised location will take S~h Street east of its current alignment with ~ Lee Hill Road. In order to provide a 90° intersection with Lee Hill Road, the southern tip of the Open Space trail will be crossed. Crossing the Open Space trail corridor requires release of the Parson's restriction for vehicular use of the trail and Open Space Boazd approval to dedicate the additional right-of-way. Staff finds that the proposed amendment to the NBSP is supported by the adjustments proposed to 5`h Street. The relocation of 5`h Street will allow the desired connectivity with Dakota Ridge Village, Dakota Ridge North, Carrie Subdivision and Lee Hill Road. This revised location for 5`h Street will keep it adjacent to new housing and not separate it from housing. The new intersection at 5`h Street and Lee Hill Road will provide improved pedestrian/bicycle crossing of Lee Hill Road. Due to the high pedestrian use of the Open Space trail at Lee Hill Road and S~h Street extended, the Transportation Division is reviewing appropriate pedestrian treatments for this intersection. These improvements will enhance pedestrian and traffic movements at this location. PUBLIC COMMENT AND PROCESS: A few comments from the public have been received regarding this requests. No concerns have been expressed regarding delaying construction of S~h Street. The request was posted along the south boundary of Dakota Ridge Village, which raised questions regarding the current buildings under construction in Dakota Ridge Village. • s:\plan\pb-items~nemos~BBDRVSthSt.doc AGENDA ITEM # 7A Pase 4 Required public notice was given in the form of written notification mailed to all property owners within 600 feet of the subject property and signs posted on the property. All notice ~ requirements of Section 9-4-2, B.R.C. 1981 have been met. STAFF FINDINGS AND RECOMMENDATION: Planning staff finds that the need for constructing 5`h Street with the development of 3`d filing Dakota Ridge Village can be postponed to a later phase of Dakota Ridge Village if necessary. Sixth Street will serve to carry southbound traffic in the interim until5`h Street can be constructed. The delay in constructing the improvements is further warranted by the need to coordinate the legal issues involving the relocation of 5`h Street across the Open Space trail. Staff recommends that Planning Boazd extend the requirement of Condition 6 of the July 1, 1999 Planning Boud Notice of Disposition to read as follows: Prior to, or in conjunction with, the filing of the Subdivision Plat for the ~kir~d-Fifth Phase of the Site Review or upon release of the riettt-of-wav restriction across the Open ~ace trail bv the Parson's familv and the dedication of right of wav crossine the Open Snace trail as necessarv to complete the connection of 5`h Street to Lee Hill Road, the Applicant shall construct the extension of 5`h Street to Lee Hill Road, at no cost to the city of Boulder. ~ Also amending the North Boulder Subcommunity Plan as follows: The location Sth Street be moved approximately 300 feet east along Lee Hill Road to align with the western edge of the Carrie Site Review on the North Boulder Subcommunity Plan. Approved'By: ~ V ~~~~~~ ~~~Peter Pollock, Director ATTACHMENTS: Attachment A: Vicinity Map Attachment B: North Boulder Subcommunity Transportation map Attachment C: July 1, 1999 Planning Board Notice of Disposition Attachment D: Applicant's Written Statement Attachment E: Rules for amending the North Boulder right-of-way Plan • s:\plan\pb-items~nemos~BBDRVSthSt.doc AGENDA ITE1~I # 7A Paee 5 ATTACHMENT A City of Boulder Vicinity Map , ; ~ ~a a ~~ ; i . ~~ ~ 1. I~~ ~ f ' I .i 1 / ~ L I'~ j~~ ': ~ ~ ~ 1!~l ~i :_ '~~~~.~~!~'~', ..~ a~'. . ~.'~~J~ ` ~~aog ~+ -~; . - . ~~, ' ', SUIIfCCtl :, YA••Ij~~~)rCi~i.~ ';' ' ' 5th SireebLee HJII Rd ` •.'~- • ~ / Open Spac~ ' - ~ ~1 T'raii ! ' Parson's Ranch v ~ ~• ~ ~ ~ ._~R. __~._.., oiaee North G~a gub ~ i, -~ C 3 - Z ~ • Y ~ Reloeated 5"' Street ~ f- Locatlon: 5th Street off Lee Hlll Rd ~ ProJeci Name: Dakota Rldge Vlllage . ~ Rev/ew Type: S/te Rev/ew 1:480D Review Number. LUR2002-00018 N Appllcant Richard McCabe Agenda Item ``_ !: .; ,: ,, _ 9' 0 Y ' ~; ~ ~v~~~ n,~,u~ac aty a ewds me v. ~rwn,aai aear.mrwe.s w P6'IYNYOM1~lI~qlqlf/+JIIMV. M c4r~y ~sriw~m+r~V. enra FrYr. r4m~ eeuw ~IM~aoryl~n~M11R Y1an1tM ~ Page #~_ ~ 5~h Street Extension ~ __ _ _.. __ _-_ ~ va ~ ~ d _ - -_ ._~ ~' 4.~ =~t' . ~; ~r F.M ~ A ~ ~ \: \„ ~ ,`1 '~~-. ;- a `~ ; X-, ~~, ~ '~ vo ~ ~ ~ i _. _. _.~._- : ~ -- -- __.~ ---. . _ .. ; .,, _.,..<ti ~ RANSP~RTATION PLAN: Auto/Transit ~ Improvements ~,, ~~. _, ---- - :: ;~: I . , ' EXISTIN6 CONDITIONS r ~ ` ~";; \ , ' ..~- TraneN Rou1e ~ ~f` ~ ,1 , .__~.., , . - ' --- . , . . - CIVIC S~IB ~: '::::~,~~: ~_~ ; _..._..~ . BuaStop c _ ~.,-~ ~ ._. __...._ - ',~~ \~i ---- ---~ ~~.SubeommunHyBoundary ~"+~/ ' - - ~ - M cernec Ln. ~e dosea ro euro :. ~_ .= 4~. -- --- -i ---i eaays~ n Emerald ~ ~ `. I -;.t '_ aadT _~ k A. ~ ~~ ~~ , -_~ ,+.~ -=,~-~~, ~ : , ,. t _#, ~~' ~ ` ~'y ,~" ~- i' ~~ ..i ! ., ;~~ I ~,~~2 ~'`: ~ . _ .,~ -- a ~ ; ~ .i ~ :..~~ k ~` ~ ~ ._ PROPOSED CONDITIONS ~ _' _ n ~~ i~mn u~~e~u,ea y j ~f Transft Super Slop i ~ ~_ y y-~-- PropoaedRoeds ~ __= ~~~~~~~~,a z ~88e oma es) y Cd 1 -~.-~ ~: ;~~r~ ~'vd'~.s ~t a m .._. ,z .uw~..tW .~' - .., . M.t i.'SR. }~ ~,: ,~ _ .- ~ ~ j ~ . 2 iry.. 4.i. ~ ~]. i.. 1.'~."•.l~ _ :' .."~ . . .. . . ' - . , . . . ATTACHMENT C ~ CITY ~ ~~ OF ~ '~,,~.. BOULDER Department of Community Design, Planning and Development PO Box 791, Boulder, Colorado 80306 Phone (3U3) 441-3270 FAX (303) 4413241 PLANNING BOARb NOT]CE OF DISPOSITION ~ You are hereby advised that on July 1,1999 the following action was taken by the Planning Boazd: IN ORDER FOR A BUII.DING PERMIT APPLICATION TO BE PROCESSED FOR THIS PR07ECT, A SIGNED DEVELOPMENT AGREEMENT AND SIGNED MYLAR PLANS MUST BE SUBMTITED TO TFIE PLANNING DEPARTMENT WITH DISP03ITION CONDTTIONS AS APPROVED SHOWN ON THE MYLAR PLANS. IF THE DEVELOPMENT AGREEMENT TS NOT SIGNED WITHIN SIXTY (60) DAYS OF THE FINAL DECISION DATE, THE PLANNRQG BOARD APPROVAL AUTOMATTCALLY EXPIRES. NAME OF PROJECT: Dakota Ridge Village DESCRIPTION: To develop a total of 420 residential units composed of 195 apartments, 65 townhouses,130 single-family homes, and 30 (possible) commercia] azea conversion units. In addition, 23,025 square feet of office/retail space is proposed in the Neighborhood Ccnter (referred to as the "Viliage Center" in the applicant's text). LOCATION: Generally located northwest of the intersection of Broadway i and Lee Hi11 Road. More spe~ifically located north of the cuaent terminus of Dakota Ridge Boulevard. COORa N10W7 APPLICANT: OWfVER: APPLICATION: ZONING: CASE MANAGER: DECISION: VESTED PROPERTY RIGHT: Dakota Ridge Joint Venture Richard L. McCebe Site Review #SI-95-25 and Use Review #UR-98-18 MIt-D (Medium Dansity Residential - Develaping) Brent Bean Approval ~~ NO; the owner has waived the opportunity to create such right under Section 9-4-12, Boulder Revised Code (BRC) 1981. Agenda Item #~ Page #_~_ Y . .... - v a ~ ..~ , ,_ July 1, 1999 Planning Board Nodce of Disposition • Re: Dakota Ridge Vipage Use Review and Site Review This decision was arrived at based on the puiposes and intent of the Land Use Regulations as set forth in Sections 9-4-9, Use Review, and 9-4-11, Site Revicw, of the BRC, 1981, as applied to the proposed development. This decision may be called up before the Ciry Council on or before July 31, 1999. If no call-up occurs, the decision is deemed final thirty days after the Planning Board's decision. PuTSUan I to Section 9-4-8 of the I.and Use Regulations, BRC,1981, this approval shall expire ihree years aftbr the final approval date unless development has proceeded es specified in Section 9-4-8, BRC,1981. At its m I eting on July 1,1999 the Planning Board approved the request with the following motion: i On a motion by P.Gowen, seconded by T. Nielsen, the Planning Board approved (5-0) Site Review #SI-95-25 and Use Review #UR-98-18 for Dakota Ridge Village adopting the staff inemorandum, including Attachments C(Site/CTse Review Criteria), D(tJse Review Criteria), and Development Review comments dated June 11, 1999 and conditions of approval as presented in the staff memorandum dated July i, 1999 (preparation date June 18,1999) and as amended at the Planning Board meeting. (A. Gunter did not vote because he did not participate in the previous meeting, and B. Pommer was absent.) ' • Conditions of Approval: ~ 1. The Applicant shall be responsible for ensuring that the development shall be in compliance with all conditions of approval and the approved Site Plan dated May 21,1999, as amended by the conditions of this approval, and on file in the City of Boulder Planning Department. 2. In accordance with the Boulder Revised Code,1981, secdon 9-5-11(b), the Applicant must complete the list of deficient wazranty work, provided by separate letter from Public Works dated June 16, 1999, for Dakota Ridge Phases I and II prior to any further development application approvals or improvements constructed or installed by the Subdivider. Specifically, this means that a preliminary plat application will not be accepted until this condition has been met. 3. ;Amendments or modifications to the location of lots, roads, open space or land uses resulting in a movement of mon than 10 feet, as a resutt of changes necessitated by engineering corrections shown on the final Site Plan dated May 21,1999 shall be processed as an amendment to this Plan. The provisions of the City of Boulder Design and Construction Standazds, effective July 2, 1998, shall be met for all Preliminary and Final Plat reviews. Agenda Item # 7A Page # ~~ ~ ~ ~. ,_ , . _ I, ]999 , ning Board Noticc of Disposition ~akota Ridge Viltago Use Review and Site Review Prior to apptoval of the final plat forPhase I, the Applicant shall submit the following items for the review, and subject to the approval of, the Planning Department: A. A detailed landscape plan for all common azeas; the aorth portion of Terrace Close visible to LJ.S. 3b and multi-family housing projects, including size, quantity, and type of plants existing and proposed; type end quality of non-living landscaping materials; any site grading proposed; and any irrigation system proposed, to ensure compliance with Uvs approvai and the City's landscaping requirements. Specific to Terrace Close, a plan for tho specific tree types and locadons shali be provided. B. Final architectural plans, including materials and colors, to ensure complianc.e with the intent of this approval and compatibility with the suaounding area. (1) Specific conditions for Terrace Close housing details: (a) The same house interior design, whether the same extcrior or not, shall not be placed within rivo adjacent lots. (b) Colors shall not be bold (example, bright red, yellow, myal blue, or chartreuse green) or highiy contrasting in hue. (c) Shared drives shall be used for all lots 50 feet or less in width. + Should a lot having a width of 50 feet or less be ]ocated between two lots of greater than 50 feet, then one of the lazger lots must share a driveway with the smaller lot. C. A detailed lighting plan showing location, size, and intensity of illumination units. D. A sign progam to ensure compliance with the intent of this approval and the requirements of Chapter ] 0-11, B.R.C.1981. E. The Applicant shall submit detailed Engineering, Sewer, Water, Master Drainage, Storm Water, Flood Management, and Transportation Plans in accordance with City of Boulder Design and Construction Standards and the provisions of the City's Master Dtainage Plan for all impmvements, subject to review and approval by the City. The maximum total cut or fill at or above the toe of the hill (a slope greater than a 6%) shall not be more than three (3) feet. F. Footnotes 3 and 8 of "Schedule A" shat( be amended to read as follows: (1) Footnote [3] "Second tloor unenclosed balconies allowed within porch projection line." (2) Foomote [8J "Garages, cat~wrts, and open parking aze provided in center of block, or shall be a minimum of a 20 foot setback from the front pmpeRv • ~jIl~,,, Agenda Item #~ Page # /D July 1, 1999 Planning Board Notice of Disposition Re: Dakota Ridge Village Use Review and Site Review 5. All City Pazk and open space lands shall be wnveyed to the City on the Final Plat for Phase One of the Site Review. 6. Prior to or in conjunction with, the fi)ing o£the Subdivision Plat for the Third Phase of the Site Review, the Applicant shall conskuct the extensioa of Sth Street to Lee Hill Raad, at no cost to the City of Boulder. 7. At the time of Building Permit Application, the Applicant shall submit Final Landscape Plans for all lots in the applications, for the review and approval of the Planning Deparqnent: 8. Prior to Preliminary Plat application the Applicant ahall pmvide preliminary engineering design for the exicnsion of Laramie Boulevazd to North Broadway and any improvements to North Broadway that are necessitated by.the e~ctension of Lazamie Boulevard. • 9. All improvements to Laramie Boulevard and to North Broadway necessitated by the extension of Laramie Boulevazd shall be constructed in accordance with the City of Boulder Design and Construction Standazds and Colorado Departtnent of Transportation (CDO'I~ ~ standards. ~ 10.. All off-site obligations related to the construction of Laramie Boulevard at North Broadway shall be determined at the time of preliminary plat approval. The improvements to North Broadway that are necessitated by the extension of Laramie Boulevard shall include the following: A. A northbound left tum lane and medians providing physical separation of the left tum lanes (at Lazamie Boulevard and northbound U.S. 36); B. The elimination of the U.S. 36 southbound off-ramp to Broadway; C. The design and reconfiguration of the access to the Ghadimi property which is adjacent to and south of the Dakota Ridge Village property; and D. The construcdon of a sidewalk along the west side of Broadway, pavement widening, and striping as required to accommodate these improvements. i l. Prior to the completion of any final inspection or issuance of any certi6cate of occupancy in Phase One, the Applicant shall complete the construction of Laramie Boulevazd from Dakota Ridge Village to North Broadway. • Agenda Item #~ Page #~L .» ...._ _ . _ ,.. . , , ,.~~ ~ - ' . • Y j.,,~__~~ t • ,1999 . ing Board Notice of Disposition ~akota Ridge Village Use Review and Site Review The Subdivider shall implement an RTD/GO Boulder Residential EcaPass program for the residents of the subdivision for ihree consecurive years beginning January 1 following the first Ccrtificate of Occupancy issued for the subdivision. The Subdivider shaU escrow with the City a minimum of $15,000 ($5,000 per year), or an amount agreed to by the City and RTD sufficient to guarantee the implementation of the Eco-Pass program for a period of three yeazs prior to any building petmits being issued for the subdivision. For the release of the escrowed funds, the Subdivider shatl provide the City with a signed Eco-Pass agreement with RTD for the required years along with proof of payment for each of the required years. If the Subdivider chooses, proof of current yeaz contract and payment will be su~cient to reduce the amount of the guazantee required as long as the amount remaining is sufficient to sxure the remaining commitrnent. Prior to or concturent with the initial sale of detached dwetling units, the Appiicant shall record the maximum building coverage for each detached dwelling unit. rved By: • _..-7 t Cole, Acting irxtor ` nunity Design, Planning and Development J\DATA\CUR\DISFMAL~BBDAKOTA.DIS ~ Agenda Item # 'jA Page # /~ ATTACHMENT D ~ ~ Planning Board City of Boulder March 11, 2002 Planning Board Members: On July 6> 1999, Planning Board set Condition 6, the completion of 5`~' Street to Lee Hill Road, as a condition to the platting of Phase 3 of Dakota Ridge Village. This condition was set over my objection that "The complication of adding 5`~' Street is beyond the capabilities of applicant. The North Boulder Infrastructure Plan and subsequent North Boulder Sub-Community Plan show the 5`~' Street connection northerly of Lee Hill Drive to pass through the Parsons Ranch and the Open Space Foothills Trail. Where Open Space may potentially agree to a realignment of the trail, the Parsons have expressed no interest • in selling or dedicating land either to fhe applicant or to the City for this purpose:' As it turns out, naarly three years later, this is still the case. I am therefore requesting that Planning Board omit Condition 6 from the disposition of Dakota Ridge Village. Sincerely, McCabe LLC, _..=,_~ ~ ~ ~ -</ ~ Richard L. McCabe, Manager ~ 2041 Broadwuy 2id FI ~ Boulder. CO 80302 ~ Phone:303-444-4422 ~ Fax303-444-49G4 ~'E-M~il: richardC~mccabellacom Agenda Item #_~_ Page # ~ 3 ATTACHMENT E • DFFICE OF THE CITY CLERK REC'D• ~h Ifo '1~ BY: . _..._. RULE BY THE CITY MANACrER AAOPTINC3 THF A .ND .D PRO .pGS FOR THE NDRTH BOLri.bAR RC~T~T-QF-WAY P] .AN Proposed iule appmved as w suhetance on Ma:rh 20, 1996 by Stephen T. T-Tone~+, City Manager. Psoposed rule approved as m form and le$ality by the Ciry Attorneq's Office on March 20, 1996 by 7ane VJ. Greenfield, Deputy Ciry Attorney. Three copies filed with the City Cletk on March 20, 1996. Date of publication af notice in ihe Da'r1v Camera March 2D, 1996, .~ Appzoved as to form and legaliry b}~'. ~ a ~,; Ciry Attorney's Office on April 12, 1996. ~ After considering pnblic comme t on April 11, 1996 befote the Planning $oard, the rule was approved with al~anges by the City Manager, ~,:.~ '`: ~~~,,~, on • .~L / r„ 1996. -~ Ir Adopted rule filed with the City Clerk and effective oa • APR 16 1996 A:VC•ROWCOV.YAD ~ . Agenda Item #~~_ Page #~ ~ Amendment to the North Bouldcr Right-of-Way Plan (shown ia the North Boulder Subcommuniry Plaa and Ordinance # 5747) is required for: A. Delerion of any street, or portion thercof, or intersection on the Plan. B. Addition of any streets not created as part of a suhdivision or annexation. C. Relocation of roadways more than 50 feet ia any direction. D. Deletion of any trail or pedescrian conaection. E. Relocation of trail and pedestrian routes if connection points are changed. F. Relocation or reconfiguration of any intersecdon unless such relocation is part of the movemern of a roadway less than SD feet that is determined, pursuarn to • 4. A. below, not to constitute an amendment. G. Establishment of defined roadway systems where conceptual road locations are now depicted unlcss established pursuant to B. above. I3. Rerouting of Fourmile Canyon and 'Wonderland Creek drainages other than as shown in the Plan. I. Relocation of roadways ihat have the effect of changing the basic intenc of, the Plan or modifying the Plan's goals. 2. Addition of bike paths and pedestxian connections, which are not inconsistent with the Plan's goals and intent as identified in the North Boulder Subcommunity Plan, shall not be considered amendments to che Plan. Tf staff determines that a Plan amendment is required, applicant has the opportuniry to appeal the decerminatioa to the Policy Res~lution Group (PRC'r), to modify the proposal, or to proceed with an amendment request. To request an amendment, the applicant suhmits a letter to the city requesting a Plan amendment. Agenda Item #_J~_ Page # / S ~ 4. Tf the applicant appeals staff's datermination that a Plan amendment is required, the PRC would diacusa, debate, and determiae if [he proposal is consistent with the Plan or. if an amendment w the Plan is requised. Then, A. If che PRG finds the proposal is consis[eat with the Plan, and no amendment is required, no PlanninB Boazd or City Council re~view is required. B. Tf the PRG finds that Plaa aracndtnent is required, the staff develops written fmdings in support or opposition W the proposed amendme~ based upon the goals and intent as listed ia the North l~oulder Subcommunity Plan, and forwards its comments to Planning Bo~rd for review, as described in 6. below. Amendmerns to the Plan wiA be considered by the Planning Board at a noticed public hearing and the Board will make a decision, subject to call-up bq the City Council. Amendments to the Plan must still be consistent with the Plan's intent and goals as identified in the North Boulder Subcommuniry Plan. 6. Staff will prepare a report and descripdon of rhe Planning Board action and send it to • City Council in Council's weekly aon-agenda information paoket. Council will decide whether to place the item on iu agenda. If Cnuacil does not, the Planning Board decision will be considered final. • Agenda Item # Page #~ ~ ***NOTICE TO THE PUBLIC*** n~an•r-~r -was raruv: , 3,~ e, 96 Tha P'lamm~g Deparkmant is solicfting caanments on the prnpased amendma-t process for the T~ortth Soulder'RS~t-0I Wqy P1an. Notice of R,ulemaldng ~ The City Manager of tha Ctty o! 8nulder Proposes to adopt the rule for amending tqe l~oekfi Bouldes Right of Wsy Plan:,6y the , i rulemakSng ptnceduse set iorth in Chapter i~ of'the Bo~ilder Rev3sad Muniapal Code, 1881. ~ The Plenaing Depsrtment has Eled' Wree copies of t6e proposed rule, s~nas~dment Process for the North Boulder Ri,~Ht-of-Wa~ I P~an, with tqe City Clerk, lorated itt the Municipel8uilding, 1777 I Braadway, Boulder, Colotado on Msrch 20, 1996. Those cropies aie available for public ravlew and comment until April 4, 1996. ' I Written commettt ehould 6e submitted to Ruth McReyser in ' the City Plaw~ing Department, 1738 Broadway, PO Box 791, I Boulder, Colorado 80508, or faxed at (303) 441-3241 by April 4, . ' 1896. If yos would ]ilce n wpy of t1-e proposed rule. Please aWg by the Planning Depsrtment at 1739 Sroedway, third floor; or . ca11 RUgh MeHeyset or Chtystat Peae at l3os) 441-3270. ~, The Cily Menegsr w~ consider your writtea commenFs az+d adopt the amendtneat process aRer t6e ib dey commeat pertod. For lWrther ialntmedon aontect Rath McFieysar tn W e Plaaafng Department at l9os) 941~9270, • Agenda Item #~_ Page # ~'7