Loading...
5A - Public hearing of Annexation and Initial Zoning LUR2003-00069 for 2020 Upland or Crestview EastCITY OF BOULDER PLANNING BOARD AGENDA ITEM MEETING DATE: July 5, 2007 (Agenda Item Preparation Date: June 22, 2007) AGENDA TITLE: Public hcaring and consideration of Annexation and Initial Zoning #LUR2003-00069, 2020 Upland or Crestview East Addition No. 1, located east of 19~~' Street, to the Residentia] Low - 1(RL-1) and Residential Estate (RE) zoning districts, including the following property addresses: 1937 Upland Avenue, 2005 Upland Avenue, 2075 Upland Avenue, 2125 Upland Avenue, 2010 Upland Avenue, 2020 Upland Avenue, 2090 Upland Avenue, 4270 19`h Street and 4240 19`~' Strect. Applicants/Owners: Christine Foley Adams, Gary Howard Calderon, Ellen A. Stark, Anne Hockmeyer, Four Mile Creek LLC, Jan Morzel, James G. Eddleman, Barbara K. Eddleman, Robert D. Knecht, Joan E. Knecht, Elaine D. Schuman and Robert J. Schuman, and Bradley S. Howe Case Manager: Brent Bean REQUESTING DEPARTMENT: Kuth McHeyser, Acting Planning Director Robert Ray, Land Use Review Manager Brent Bean, Case Manager OBJECTIVE: Define the sYeps for Planning Board consideration of this request: I. Hear applicant and staff presentations 2. Hold public hearing 3. Planning Board discussion -is the request consistent with state annexation requirements? -is the request consistent with the Boulder Valley Comprehensive Plan and the North Boulder Subcommunity Plan? 4. Planning Board take action to approve, approve with conditions or deny Aaenda Item # SA Paee# 1 STATISTICS: Proposal: Annexation of nine individual properties located east of ] 9`h Street on 19`h Street, Upland and Tamarack Avenues. Thc nine owners of these properties have joined togethcr to annex their properties and share costs. They have agreed to proportionately pay for the necessary cost of installing water, sewer and street improvements necessary to serve the properties. Existing uses of the property will be recognized in the annexation ageement. The only non-conForming use of record is the duplex located at 2090 Upland. Project Name: Crestview East No. 1 Annexation Location: East of 19`h Street at Upland Avenue Size of Tract: 9.78 acres (426,050 square feet) Zoning: Residential Low - 1(RL-1); one unit per 7000 square feet of lot area proposed for the area 165 feet south of the center line of Vine Avenue Residential Estate (RE); one unit per 15,000 square feet of lot area proposed for the remainder of the area to be annexed Comprehensive Plan: Low Density residential is shown on the Boulder Valley Comprehensive Plan (BVCP), however the North Boulder Subcommunity Plan (NBSP) specifies the area 165 feet south of the center ]ine of Vine Avenue to be LR (low density Residential) and the area south of the this area to be RE (Residential Estate). KEY ISSUES: 1. Is the annexation consistent with state laws pertaining to the annexation of a property into the City of Boulder? 2. Does the proposed annexation comply with the provisions of the Boulder Valley Comprehensive Plan? 3. Are the conditions of annexation consistent with the inte~t of the North Boulder Subcommunity Plan? BACKGROUND: History of Crestview East Addition No. 1: Consideration for the annexation of portions of this area began in 1995 when the Crestview West annexations were reviewed. There are four properties north of Vine Avenue that filed annexation petitions prior to 1995, but did not proceed with annexation because they could not reach agreement with the city on the terms of annexation. These properties are not a part of this annexation, but may be part of a future requcst for annexation. A~enda Item # SA Paee# 2 The applicants for this application were included in a combined request: two properties were added to the application after the original application, and one (4270 19°i Street) has requested to be withdrawn since this application was submitted in 2003. The joint request allowed the costs for the annexation fee, extension of city utilities and street upgrades to be shared among a11 the applicants. Under the terms of the annexation petition signed for this application, a property may request to be withdrawn after Planning Board consideration of the annexation. 4270 19`h Street may not be officially withdrawn until Planning Board has reviewed the application. Existing Site / Site Context The properties involved in this annexation are all located east of 19°i Street and front onto Upland Avenue, Tamarack Avenue or 19°i Street. They arc all contiguous to one another through the inclusion of public right of ways to and meet state requirements for 1/6 contiguity. Fourmile Creek cuts through 4270 19`" Street, 4240 19°i Street and 2020 Upland (Tamarack) properties diagonally northwest to southeast. The Fourmile Creek floodplain l~as recently been remapped, though changes have less impact on most of the properties currently under consideration. All of the lots have at least one unit located on them. 2070 Upland contains a duplex on the lot. Vvw~- Avs il i ~I '~ ~ Agenda Item # SA Pa~e# 3 This site is included within the North Boulder Subcommunity Plan (NBSP), which was originally adopted in 1995 and amended in 1997 and 2001, based on more detailed outreach to property owners in the Crestview East and West endaves. The changes made in 1997 incorporated changes to some of the road and inulti-use trail locations within this area. Upland and Tamarack Avenues were designated Rural Residential streets, designed not to include sidewalks. The north/south multi-use trail locations were shifted in general location. Project Description Nine properties have been included within this annexation request. The area proposed for annexation will have two zones (RL-1 (Residential - 1) and RE (Residential Estate), based on the NBSP, which permit somewhat different development possibilities. There are a number of improvements that the applicant will be required to construct to ensure that city services will be available to all lots requesting annexation. The four lots north of Upland Ave will have split zoning: The north half of the lots will be zoned RL-1 and the southern half zoned RE. The RL-1 zone perrnits 7000 square foot lots, whereas RE zoning permits 15,000 lot size minimums. At least two lots could be created from the RL-1 zoned portions of each of these lots. However, no lot can be approved to front on undeveloped Vine Avenue until such time that it is fully dedicated as a public right-of-way. Vine Avenue is currently a partial right-of-way; in the 1960s Vine Avenue right-of-way was vacated by Boulder County, only to have portions of the right-of-way rededicated by a property owner one year later. As a result, there is a 300 foot strip of undedicated right-of-way north of 2125 Vine Avenue. 2010 and 2090 Upland are located on the south side of Upland Avenue and will be zoned RE. Both lots are slightly less than 45,000 square feet in lot area and, as a result, can only support two lots. 2090 Upland has a duplex located on it and could not suppoR development of a second lot without removing one of the duplex units. 2020 Upland actually fronts onto Tamarack Avenue, bui has historically carried an Upland address. The cunent size of the lot supports development of up to six residential units, but current fire access requirements will not allow development of more than two units on this site. Upon construction of a fire lane connecting Tamarack to Upland or 19`h Street, however, additional lots could be developed. 4240 and 4270 19`~' Street front onto 19`h Street. 4240 19`h Street will support development of up to three units, and 4270 two units. Both 4240 and 4270 19`h Street, and 2020 Upland are constrained by the Fourmile Creek floodplain that separates the three properties. Improvements to the Fourmile Creek flood plain are planned to occur within the next several years, pending funding availability. Applicant issues raised during the signing of the Annexation Agreement I. One of the applicants (2075 Upland) has requested that the requirement for a sidewalk along the south side of Upland be removed. See ANALYSIS item "2D" for summary of staff position. 2. A combined 25-foot utility and fire lane easement of 12.5 feet along the shared property lines is required to be placed along the eastern property line of 4270 19`h Street and the westem lot Agenda Item # SA Page# 4 line of 2005 Upland. 4306 19`~' is already annexed to the city and has reserved a utility and fire lane easement along the eastern property line, but will not dedicate the easement until the property is developed. The city is not in a position to force dedication of the easement for 4306 19°i, until thc property owner requests further development or subdivision of the proper[y. 3. The owners of 4270 Upland Avenue have requested to be withdrawn from the annexation, due primarily to the recent remapping of the Fourmile Creek floodplain. The property was partially, but is now completely, within the conveyance zone. Improvements to the flood channel will most likely remove most of this site from the conveyance zone, but this will not occur until the bridges at 19`h Street and Upland Avenue (west of 19`" Street) are completed. ANALYSIS: 1. Is the annexation consistent with state laws pertaining to the annexation of a property into the City of Boulder? An annexation map showing that at least 1/6~' of the property is contiguous to existing city limits has been provided. Although this site is an enclave (fully surrounded by the city), because there are unannexed properties within the enclave, the 1/6 contiguity requirement must still be met. The consolidation of al] of the ownerships and their associated contiguity demonstrates that mare than 1/6 of the properties touch existing city limits. The applicants have signed a preliminary annexation agreement. There are terms of this agreement that require further discussion with the Planning Board (see item 2 of this section). Water and sewer services are available to serve the properties requesting annexation, although the extension of water or sewer lines will be necessary to serve all of the properties. The properties will be annexed into the Northern Colorado Water Conservation District. The annexing properties are also currently served by Boulder Valley Schools. The schools serving this area have adequate capacity to serve the limited increase in housing and school aged children that could result from new development within this area. 2. Does the proposed annexation comply with the provisions of the Boulder Valley Comprehensive Plan? This site, an existing enclave, is located within Area IIA and is consistent with the following policies: 1.18 Adaptina to limits on Phvsical Expansion: These properties are fully surrounded by annexed city lands and will not result in an expansion of exterior city boundaries. 1.20 Growth Requirements: Community quality will be enhanced with the annexation of these properties, due the addition of water and sewer services within the area that will eliminate failing A~enda Item # SA PaEe# 5 septic systems. Water lines will be extended to serve existing residences. Streets and sidewalks will be improved to meet city standards. 1.27 Annexation: a. City services will be available to all properties within the annexation. b. The city will actively pursue annexation of enclaves. These properties are a part of an existing enclave. c. Zoning proposed will reflect the development patterns most appropriate for this area, retaining the general rural character of the areas along Upland Avenue. d. Community benefits of annexing this area are the provisions of annexing an enclave, Inclusionary Zoning requirements will be twice the normal standard for new homes and City service will be extended within the area to meet future needs of residents. e. There are additional development rights that will result when this area is annexed, however, the annexation agreement makes a provision for paying twice the inclusionary cash-in-lieu amount required by chapter 9-13. £ This area is within the boundaries of the Boulder Valley Planning Area, an enclave. g. This is not publicly owned property. h. This area is not located within Gunbarrel. 3. Are the conditions of annexation consistent with the intent of the North Boulder Subcommunity Plan (NBSP)? The properties will be zoned in accordance with the recommendation of the NBSP: RL-1 south of Vine Avenue, and RE along Upland and Tamarack Avenues. Streets will be constructed to Rural Residential standards. A trail/multi-use path will be developed connecting Vine to Tamarack in accordance with approved locations within the NBSP and Fourmile Creck drainage, and a future trai] comdor will be dedicated. A. The NBSP Land Use designations support some redevelopment and a slight increase in the existing number of housing units within this area. All of the lots fronting onto Vine Avenue can develop two lots. As an incentive to annexation, the annexation agreement provides an opportunity to create one 7000 square foot lot south of Vine Avenue, taking access to Upland Avenue, as an interim provision until Vine can develop. Limiting the development to one lot provides the incentive for land owners to continue to pursue development of Vine, but permits the opportunity to recover annexation costs. B. Tamarack Avenue will be constructed to city Rural sheet standards, providing access to the lots fronting on the south side of Upland Avenue and 2020 Upland (Tamarack). The Fire Marshall will support development of no more than two more new homes along Tamarack Avenue, until a fire lane is constructed providing a second means of accessing the Tamarack area for fire protective services. The Fire Marshal will make this provision, because the construction of two new homes will require the installation of water line and fire hydrants along Tamarack and the provision of additional fire hydrants and the resulting ability to protect properties along Tamarack outweighs the need for the fire lane. AQenda Item # SA PaQe# 6 C. 2020 Upland Avenue and 4240 ] 9~' Street are required to construct a multi-use path along Fourmile Creek, and dedicate a channel easement that is approximately 135 feet in width centered on Fourmile Creek. In lieu of dedicating this easement, the property owners may dedicate the land area to the city at no cost. Should this occur, the provisions of Section 17 of the annexation agreement provides a condition where the number of lots permitted prior to the dedication could be retained as an incentive for the dedication. D. Staff has recommended that a sidewalk be constructed along the south sides of Upland Avenue over the objections of the property owners requesting annexation. The NBSP recommends that no sidewalks be constructed within the rural street sections proposed for Upland and Tamarack avenues. However, Comprehensive Plan policy 3.24 Accessibiliry to Schools stipulates: The city and county will work with the Boulder Valley School District to develop safe and convenient pedestrian, bicycle and transit access for students to exiting and new schools. New school facilities will be Zocated so that school-aQe children have the opportunity to arrive safely on their own. E. County Enclave Development Guidelines include specific guidelines for Crestview East, which staff considers to be substantially achieved with the proposed annexation. Those guidelines are: / Create permanently affordable and diverse housing. / Develop minimum densities in the MR and LR zones. / Create new development in a pattern that supports walkability and good community design. Provide connections as shown on the Transportation Plan, plus at least one additional north-south street and east-west alleys in the MR and LR zones. / Consider transfers of development (TDR) from other, less centrally located areas. / Consider neighborhood consensus, in balance wit other annexation goals. / Help defray the property owners' costs of annexation. Staff initially recommended sidewalks be constructed on both sides of Tamarack Avenue, but upon further review revised this recommendation to the south side of Tamarack, because it provides a direct connection at 19°i Street with only one street crossing. The reason the sidewalk has been required is to assure that elementary school children coming from the residential areas east of Tamarack Avenue and 22"~ Street don't have to walk in the street There are 78 houses east of 22"d Street that have several multi-use paths accessing Upland Avenue PUBLIC COMMENT AND PROCESS: Required public notice was given in the form of written notification mailed to all property owners within 600 feet of the subject property and a sign posted on the property for at ]east 10 days. All notice requirements of Section 9-4-2, B.R.C. 1981 have been met. STAFF FINDINGS AND RECOMMENDATION: Planning staff finds that this application for annexation is consistent with state statues and city policies supporting annexation. Therefore, staff supports a Planning Board recommendation to AEenda Item # SA PaQe# 7 City Council that this area be annexed, subject to the terms and conditions of the annexation agreement attached to this report as exhibit A. Approved By: ~~ ~GwL~PC4~~---- Ruth M H se erx , Acti gn P anl ning Director Planning Department Aeenda Item # SA Paee# 8 ATTACHMENTS: Attachment A: Annexation Agreement (note, 4270 19`h Street is not a signature to the current agreement) Attachment B: Annexation Map Attachment C: Vicinity Map Attachment D: Development Review Results and Comments S \Plan\Pb-items\MEMOS\6B2020upland dce A~enda Item # SA Page# 9 Attachment A Annexation Agreement THIS ANNEXATION AGREEMENT, made this day of , 200_, by and between the City of Boulder, a Colorado home rule city, ("City"), and the property owners of 1937 Upland, 2005 Upland, 2075 Upland, 2125 Upland, 2010 Upland, 2020 Upland, 2090 Upland, and 4240 19~' Street, (individually refened to as "Property Owner" and collectively referred to as "Applicant"). The City and the Applicant are referred to as the "Parties." RECITALS WHEREAS, the Parties recite the following facts related to the annexation of the Property described in this Annexation Ageement under Exhibit A. A. The Applicant is the owner of the real property described in the attached Exhibit A ("Crestview East Addition No. 1 Annexation Property"), while a Property Owner owns an individual property ("Property") within the Crestview East Addition No. 1 Annexation Property, such as 1937 Upland, 2005 Upland, 2075 Upland, 2125 Upland, 2010 Upland, 2020 Upland, 2090 Upland, or 4240 19`h Street; B. The Applicant is interested in obtaining approval from the City of a request for annexation of each Property with initial zoning designations as follows: 1937 Upland, 2005 Upland, 2075 Upland, 2125 Upland - RE for south 140 feet and RL-] for north 140 feet; 2010 Upland, 2090 Upland, 2020 Upland and 4240 19`h Street - RE; C. Consistent with Policy 1.25 (b) of the Boulder Valley Comprehensive Plan, the City finds it desirable to actively pursue annexation of county enclaves in order to provide adequate urban services to the Crestview East Addition No. l Annexation Property; and D. The City is interested in insuring that certain terms and conditions of annexation be met by the Applicant in order to protect the public health, safery and welfare and prevent the placement of an unreasonable burden on the physical, social, economic, or environmental resources of the City. NOW, THEREFORE, in consideration of the recitals, promises and covenants herein set forth, and other good and valuable consideration herein receipted for, the Parties agree as follows: AQenda Item # SA Pa~e# 10 COVENANTS Definitions. "Annexation Improvements" mean the improvements which are fully described and shown on Exhibit B and include the following: 1) Upland Avenue improvements from 19~' to 22"~ Street; 2) Tamarack Avenue improvements; 3) a water and sewer line improvements required to serve annexed properties; and 4) a temporary fire access lane connecting Upland Avenue and Tamarack Avenue. `BedevelopmenY' means the subdivision of a Property to create a new lot or issuance of a building permit for any of the following: 1) a new or replacement dwelling unit, 2) additional square footage, resulting in a cumulative total of 100 square feet or more, to the existing structure, or 3) an increase in the number of plumbing fixtures. `Bedevelopment Improvements" means the improvements which are fully described and shown on Exhibit C. "Vine Avenue Improvements" means Vine Avenue improvements which are fully described and shown on Exhibii D. 2. Requirements P~ior to First Readina of the Annexation Ordinance. a. 30 days prior to scheduling the first reading of the annexation ordinance, each Property Owner shall: i. Provide title work currcnt to within 30 days of signing the Annexation Agreement; ii. File an application, and pay the applicable fees for inclusion of each Property in the Boulder Municipal Subdistrict of the Northem Colorado Water Conservancy District; iii. Pay the fees and convey the Property specified on Exhibit E; iv. Provide a written description of any non-conforming use or structure existing on each Property, if any; and v. Sell to the City, at their fair market value, any and all water and ditch rights, except for rights associated with wells, available for use on each Property, including all stock in the Silver Lake Reservoir and DiYch Company. Applicant shall abandon and transfer to the City all shares of Silver Lake Reservoir and Ditch Company stock associated with the subject Property at the price of $25 per share. APenda Item # SA Pase# 11 b. 30 days prior to scheduling the first reading of the annexation ordinance, the Applicant shall: Prepare an estimate for the cost of the installation of all Annexation Improvements, subject to the review and approval of the Director of Public Works. The estimate shall serve as the basis for a financial guarantee far the Annexation Improvements; ii. Provide the City with a financial guarantcc, in a form acceptable to the Director of Public Works in an amount sufficient to secure the installation or completion of all of the Annexation Improvements plus an additional 20% which shall serve as a contingency. The financial guarantee shall meet the requirements of Section 9-12-13, "Subdivider Financial Guarantees," B.R.C. 1981, together with a public improvement warranty that meets the requirement of Section 9-12-14, "Public Improvement Warranty," B.R.C. 1981. Applicant Responsible for Construction of Public Imnrovements. Within 180 days of the effective date of the annexation ordinance, unless extended at the sole discretion of the Director of Public Works, the Applicant shall submit a technical document review application for engineering plans for the Annexation Improvements described on Exhibit B for review and approval by the Director of Public Works and the Applicant shall construct and complete all of the Annexation Improvements in a manner that meets all City requirements. If the construction or installation of the Annexation Improvements is not completed by tbe Applicant according to the requirements of this Annexation Agreement, the City may, in its absolute discretion, complete the construction or installation of the Annexation Improvements or cause the same to be done and pay outstanding claims and bills incurred in such completion from the escrow fund or guazantee furnished. The Applicant shall pay any amount above the amount provided in the guarantee required to complete the construction or installation oFthe improvements. 4. Water and Sewer Connection Requirements. Within 180 days of final acceptance by the City of the construction of the Annexation Improvements and prior to connection to the City's water and sewer systems, each Property Owner agrees to perform the following as is applicable to each Property: a. Submit an application that meets the requirements of Cbapters 11-1, Water Utility," and 1 I-2, "Wastewater Utility," B.R.C. ] 981 and obtain City approval to connect to the City's water and sewer mains; b. Prior to connection to City utilities (water and sanitary sewer) for each Property, the Property Owner shall pay applicable fees and charges associated with a service line connection to a water and sewer main, including right-of-way, water, and waste water fees, for permits, inspection fees, installation fees, tap fees, and all plant investment fees associated with the Property; Agenda Item # SA Paee# 12 a Construct the individual service lines and connect each Property Owner's existing residence to the City's water and sewer mains; and Upon connection to the City's sewer system, each Property Owner shall abandon the existing septic system in accordance with Boulder County Health Department and State of Colorado regulations. Requirements Prior to Redevelopment. Prior to an application for any building permit for Redevelopment, each Property Owner shall: a. Construct and complete the Redevelopment Improvements necessary to serve cach Property described on Exhibit C. A Property Owner that constructs a Redevelopment improvement may receive reimbursement for part of the cost of such Redevelopment Improvement from adjacent properties pursuant to a public improvement extension agreement that meets the requirements of Section 9-12- 12( fl, "Installation of Off-Site Improvements," B.R.C. 1981. In the event that the City has not acquired all of the necessary easements for the construction of the Redevelopment Improvements, the Director of Public Works is authorized to approve the construction of a smaller or modified improvement or permit the improvement to be constructed in the future provided that adequate financial security is in place to guarantee fizture construction; and b. Provide all other on-site and off-site improvements necessary to serve the Property that are required by the City. 6. 1937, 2005, 2075 and 2125 Unland Subdivision Requirements. Each Property generally described as 1937, 2005, 2075 and 2125 Upland has specific requirements that will need to be satisfied prior to subdivision and resubdivision. For purposes of this paragaph, "Subdivision" refers to subdivision of any of these four Properties into a Northern Lot (zoned RL-1) and a Southern Lot (Zoned RE) as generally shown on Exhibit D; whereas "Resubdivisiod' refers to fiu-ther subdivision of a Northem Lot into two lots of no less than 7000 square feet each as generally shown on Exhibit D. a. Subdivision into Northern and Southem Lots. Prior to Subdivision as defined above, the applicable Property Owner shall: i. Pay the Property Owner's proportionate share of the cost of Vine Avenue, or, at the option of the City, join in a petition to establish a local improvement district to construct such improvements and not to dissent therefrom or oppose or remonstrate against the establishment of such district; Agenda Item # SA PaQe# 13 ii. Convey a minimum I S-foot public access and utility easement to the City for the benefit of the proposed Northern Lot from Upland Avenue along the eastern or western property line of the Southern Lot until such time as the Vine Avenue Improvements have been constructed when said easement will automatically be extinguished; and iii. Submit documentation to the City demonstrating a lot pattem and new house construction which will face future Vine Avenue and enable future Resubdivision of the Northem Lot as defined above. Construction of a new residence on the Northem Lot prior to Resubdivision into two lots shall meet the setbacks for the future lots, assuring that future Resubdivision of the Northern Lot can be completed when Vine Avenue is constructed. All of the utilities, including but not limited to water, sewer, gas, electriq cable and phone services on the Northern Lots shall be constructed to accommodatc future connections to utility systems in Vine Avenue. b. Resubdivision of Northem Lots. At the time of Resubdivision of a Northem L,ot into two lots of no less than 7000 square feet, the requesting Property Owner shall do the following: i. Remove any driveway and utility improvements which may be located in the applicable 15-foot public access and utility easement; ii. Obtain any necessary public right of way from other Property Owners adjacent to the Vine Avenue Improvements described in Subparagraph 6.b.iii below; and iii. Construct and complete the portion of Vine Avenue Improvements serving the subdivision, abutting the Property Owner's Property and connecting with either 19th Street, 22nd Street, or any applicable future street, as determined by the City, at its sole discretion. The street connecting to such street shall meet all requirements of the City. Existin~ Non-conforming Uses. Existing, legal non-conforming uses will be allowed to continue to be operated in the City of Boulder as legal non-conforming uses and to be modified and expanded under the provisions of Chapter 9-] 0, "Non-Conformance Standards," B.R.C. 1981, as that section may be amended from time to time. The only non- conforming uses that will be recognized by the City will be those reported to the City pursuant to Parag'aph 2 of this Annexation Agreement. 8. Rental Pronertv Requirements. Any Property that is used as rental property at the time of annexation shall be brought into compliance with Chapter 10-3, "Rental Licenses," B.R.C. 1981, within 90 days of the effective date of the annexation ordinance. AQenda Item # SA PaQe# 14 9. ExistinQ Wells. The City agrees that it will not prohibit Property Owners from using existing wells for imgation purposes. Under no circumstances may existing wells be used for domestic water purposes. No person shall make any cross connections to the City's municipal water supply system. 10. Lease of Ditch Shares. Property Owners selling ditch rights pursuant to Paragaph 2.a.v. may lease these ditch rights from the City on an annual basis subject to the following terms: a. Property Owner shall notify the City by April 1 st of each year of its desire to lease the water for the upcoming year. b. The determination regarding availability of the water for lease shall be solely in the City's discretion and may be communicated to the Property Owner by April 15th of any year in which Uie City has been properly notified of a desire to lease watcr. c. The cost of the lease shall be equal to the ditch company annual assessment, plus 10%, plus any special assessments or fees of any kind of the ditch company assessed by the ditch company during the term of the water lease. d. No future leasing of the water to the Property Owner shall occur following any year in which the lease option is not exercised or following the closure of the lateral. e. No leasing of the water to the Property Owner shall occur following subdivision or redevelopment of the property subject to the lease. 11. Ditch Lateral. Property Owners shall not relocate, modify, or alter the ditch or lateral without obtaining any necessary approvals from ditch companies or lateral users or through judicial approval. 12. FrontaKe. All lots must have frontage on a public street, except as noted in Subparag-aph 6.a.ii above. Flag lots shall not be permitted. 13. Cash-in-lieu of Providint~ Permanentlv Affordable HousinQ. If the Property is subdivided or otherwise developed with an additional residence that is not deed-restricted as a permanently affordable residence consistent with the requirements of Chapter 9-13, "Inclusionary Zoning," B.R.C. 1981, then an amount equal to twice tbe applicable cash- in-lieu amount per Chapter 9-13, "Inclusionary Zoning," B.R.C. 1981 shall be paid to the City. This amount is payable prior to issuance of a building permit for any new dwelling unit. Agenda Item # SA PaQe# 15 14. Deeds, other pocuments, and Public Improvements. All deeds and other documents that are rcquired by this Annexation Agreement are subject to the prior review and approval of the City Manager to ensure consistency with this Annexation Agreement and City of Boulder standards. All public improvements shall be constructed to City standards applicable at the time of construction, and shall be subject to the review, approval, and acceptance of the Director of Public Works. I5. New Construction - Rules and Fees. All new construction commenced on the Property after annexation shall comply with all City of Boulder laws, taxes, and fees, except as modified by this Annexation Agreement. All conditions contained in this Agreement are in addition to any and all requirements oF the City of Boulder. Except as expressly provided herein, all City ordinances, regulations, codes, policies and procedures shall be applicable to the use and development of the property. Nothing contained in this Annexation Agreement shall constitute or be interpreted as a repeal of existing codes or ordinances, or as a waiver or abrogation of the City's legislative, governmental, or police powers to promote and protect the health, safety and general welfare of the City or its inhabitants. 16. Convevance of Drainage. Each Property Owner shall convey drainage from each Property in an historic manner that does not materially and adversely affect abutting Property Owners. 17. Fee Dedication within the Fourmile Creek Corridor. If a Property Owner of one of the properties described below dedicates land in fee to the City for the Fourmile Creek comdor, then such Property Owner may subdivide its property in a manner that does not reduce the number of lots that could have been built prior to the fee dedication. Such subdivision shall be required to meet all City development standards with the exception of the I5,000 square foot lot size minimum for the RE (Residential - Estate) zoning district. The lots will not be considered as non-standard lots under the initial zoning of RE. Each such lot shall be at least 12,000 square feet. The City and each Property Owner agree if all such development standards can be met that the maximum number of lots pezmitted under this paragraph are as follows: 2020 Upland: 6 lots; and 4240 I 9th: 3 lots. 18. Waiver of Vested Ri ts. The Applicant waives any vested property rights that may have arisen under Boulder County jurisdiction. This Annexation Agreement shall replace any such rights that may have arisen under Boulder County jurisdiction. The Applicant acknowledges that nothing contained herein may be construed as a waiver of the City's police powers or the power to zone and regulatc land uses for the benefit of the general public. A~enda Item # SA Paee# 16 19. Binding Agreement. If the Applicant or a Property Owner breaches this Annexation Agreement in any respect, the City may withhold approval of any building permits and other development applications requested for any property within the Crestview East Addition No. 1 Annexation Property until the breaches have been cured. This remedy is in addition to all other remedies available to the City at law and equity. 20. Breach of Agreement. In the event that the Applicant breaches ar fails to perform any required action under or fails to pay any fee specified under the Covenants of this Annexation Agreement, the Applicant acknowledges that the City may take all reasonable actions to cure the breach, including but not limited to, the filing of an action for specific performance of the obligations herein described. In the event the Applicant fails to pay any monies due under this Annexation Ageement or fails to perform any affirmative obligation hereunder, the Applicant agrees that the City may collect the monies due in the manner provided for in Section 2-2-12, "City Manager May Certify Taxes, Charges, and Assessments to County Treasurer for Collection," B.R.C. 1981, as amended, as if the said monies were due and owing pursuant to a duly adopted ordinance of the City or the City may perform the obligation on behalf of the Applicant, and collect its costs in the manner herein provided. The Applicant agrees to waive any rights he may have under Section 31- 20-105, C.R.S., based on the City's lack of an enabling ordinance authorizing the collection of this specific debt, or acknowledges that the adopting of the annexation ordinance is such enabling ordinance. 21. Future lnterests. The agreements and covenants as set forth herein shall run with the land and shall be binding upon the Applicant, its heirs, successors, representatives and assigns, and all persons who may hereafter acquire an interest in the Crestview East Addition No. 1 Annexation Property, or any part thereo£ If it shall be determined that this Annexation Agreement creates an interest in land, that interest shall vest, if at all, within the lives of the undersigned plus twenty years and three hundred and sixty-four days. EXECUTED on the day and year first above written. ~SIGNATURE PAGES FOLLOW J Aaenda Item # SA Pa¢e# 17 OWNER (1937 UPLAND) BY: Christine Foley Adams State of Colorado ) ) ss. County of Boulder ) The foregoing instrument was acknowledged before me this day of 200 , by Christine Foley Adams. Witness my Hand and Seal. My Commission Expires: [Seal] Notary Public AEenda Item # SA Page# 18 OWNER (2005 UPLAND) BY: Gary Howard Calderon State of Colorado ) ) ss. County of Boulder ) The foregoing instrument was acknowledged before me this day of 200 , by Gary Howard Calderon. Witness my Hand and Seal. My Commission Expires:_ [Seal] Notary Public Agenda Item # SA Page# 19 OWNER AS TO A 58% INTEREST (2010 UPLAND) BY: Ellen A. Stark State of Colorado ) ) ss. County of Boulder ) The foregoing instrument was acknowledged bcfore me this 200_, by Ellen A. Stark. Witness my Hand and Seal. My Commission Expires:_ [Seal] day of Notary Public OWNER AS TO A 42% INTEREST (2010 UPLAND) BY: Anne Hockmeyer State of Colorado ) ) ss. County of Boulder ) The foregoing instrument was acknowledged before me this day of 200 , by Anne Hockmeyer. Witness my Hand and Seal. My Commission Expires: [Seal] Notary Public AQenda Item # SA Page# 20 OWNER (2020 UPLAND) Four Mile Creek, LLC, a Colorado limited liabiliry company BY: State of Colorado ) ) ss. County of ) The foregoing instrument was acknowledged before me this _ day of 200 , by as of Four Mile Creek, LLC, a Colorado limited ]iability company Witness my Hand and Seal. My Commission Expires: [Seal] Notary Public A~enda Item # SA Paee# 21 OWNER (2075 UPLAND) BY: 7an Morzel State of Colorado ) ) ss. County of Boulder ) The foregoing instrument was acknowledged before me this day of 200_, by Jan Morzel. Witness my Hand and Seal. My Commission Expires: [SealJ Notary Public Aeenda Item # SA Pa~e# 22 OWNER (2090 UPLAND) BY: James G. Eddleman State of Colorado ) ) ss. Connry of Boulder ) The faregoing instrument was acknowledged before me this 200_, by James G. Eddleman. Witness my Hand and Seal. My Commission Expires: [Seal] day of Notary Public BY: Barbara K. Eddleman State of Colorado ) ) ss. County of Boulder ) The foregoing instrument was acknowledged before me this 200_, by Barbara K. Eddlcman. Witness my Hand and Seal. My Commission Expires: [Seal] day of Notary Public Agenda Item # SA Page# 23 OWNER (2125 UPLAND) BY Robert D. Knecht State of Colorado ) ) ss. County of Boulder ) The foregoing instrument was acknowledged before me this day of 200_, by Robert D. Knecht. Witness my Hand and Seal. My Commission Expires: [Seal] BY Joan E. Knecht StateofColorado ) ) ss. County of Boulder ) The foregoing instrument was acknowledged before me this 200 , by Joan E. Knecht. Witness my Hand and Seal. My Commission Expires: [Seal] Notary Public day of Notary Public A~enda Item # SA Pa~e# 24 OWNER (4240 19~h Street) BY: Bradley S. Howe State of Colorado ) ) ss. County of Boulder ) The foregoing instrument was acknowledged before me this day of 200 , by Bradley S. Howe. Witness my Hand and Seal. My Commission Expires:_ [SealJ Notary Public CITY OF BOULDER, COLORADO BY: City Manager Attest: City Clerk on behalf of the Director of Finance and Record Approved as to form: City Attorney Agenda Item # SA PaQe# 25 Exhibits Exhibit A Legal Description (Electronic copy not available at this time.) Exhibit B Annexation Improvements Exhibit C Redevelopment Improvements Exhibit D Vine Avenue Improvements Exhibit E Additional Dedication, Improvements, and Requirements for Individual Lots Prior to Annexation Exh3bit F Multi-use Path Easement Area Description (1937 Upland) (Electronic copy not available at this time.) Exhibit G Multi-use Path Easement Area Description (2005 Upland) (Electronic copy not available at this time.) A2enda Item # SA Pase# Z6 EXHIBIT A LEGAL DESCRIPTION "Crestview East Addition No. 1 Annexation Property" Electronic copy not available at this rime. AQenda Item # SA Pa~e# 27 EXHIBIT B Annexation Improvements All public improvements shall meet all City requirements. Upland Avenue Improvements means a 60-foot wide right of way from 19~' to 22"d Street, as generally shown on the map for Exhibit B, meeting the Rural Residentia7 street standard in §2.09(D)(3) of the City of Bouldcr Design and Construction Standards, including road base, pavement, drainage improvements; a sanitary sewer main improvement within the Upland Avenue right of way; and a 4-foot wide sidewalk on the south side of Upland Avenue. Tamarack Avenue as a 60-foot wide right of way, as generally shown on the map for Exhibit B, meeting the Rural Residential street standard in §2.09(D)(3) of the City of Boulder Design and Construction Standards, including road base, drainage improvements; and water and sewer main improvements within the Tamarack Avenue right of way; and 3. A waterline connecting the west end of Tamarack Avenue with 19t~' Street as generally shown on the map for Exhibit B. 4. A temporaty fire access lane as generally shown on Exhibit B. Exhibit B Map (Electronic copy not available at this time.) AQenda Item # SA Paee# 28 EXHIBIT C Redevelopment Improvements All public improvements shall meet all City requirements. 1937 Upland. The Property Owner shall construct and complete a 12-foot multi-use path between ] 937 and 2005 Upland centered on each side of the Property line for approximately 140' north of Upland where it will jog to the west approximately 7.5'. Once it jogs, the full 12' width of the multi-use path will be completely located on 1937 Upland for the remaining 163' to the northern Property line of 1937 Upland within the area described on Exhibit F. 2. 2005 Upland. The Propcrty Owner shall construct and complete a 12-foot multi-use path between 1937 and 2005 Upland which will be centered on each side of the Property line for approximately 140' north of Upland where it will jog to the west approximately 7.5'. Once it jogs, the full 12' width of the multi-use path will be completely located on 1937 Upland for the remaining 163' to the northern Property line of 1937 Upland within the area described on Exhibit G. 3. 2010 Upland. The Property Owner shall construct and complete a multi-use path and fire lane between 2010 Upland on the east and 4270 19~' Street and 4306 19°i Street on the west, extending to Upland Avenue centered on each side of the property line dividing 2010 Upland on the east and 4270 19`h Street and 4306 19~h Street on the west. 4. 2020 Upland. The Property Owncr shall construct and complete: a. 12-foot wide multi-use path along the Fourmile Creek alignment and from the west end of Tamarack Avenue to Fourmile Creek trail, unless a narrower path width is approved by the City; All channel, trail, and environmental restoration improvements as specified in the Fourmile Canvon Creek Major Drainageway PlanninQ Phase B Report (Draft Preliminarv DesiQn) prepared by Love & Associates, Inc. and Anderson & Company on September 2001 and Revised November 2001, on file with the City of Boulder Planning Department, the final plan for Fourmile Canyon Creek Major Drainageway Planning Phase B Report subsequently adopted by the City for flood control or drainage purposes, or an alternative plan approved by the City. In addition to constructing said improvements on the subject properties, the Property Owner will be required to obtain any necessary easements, subject to the review and approval by the City, from Property Owners both upstream and downstream to connect the channel, trail and environmental restoration improvements dcscribed herein; and AQenda Item # SA Page# 29 c. A 12 foot multi-use path between 2010 Upland on the east and 4270 19th Street and 4306 19th Street on the west extending to Upland Avenue centered on each side of the Property line dividing 2010 Upland on the east and 4270 19th Street and 4306 19`h Street on the west. 5. 2125 Upland. The Property Owner shall construct and complete a 12-foot wide multi-use path between 2125 or 2155 Upland Avenue centered on each side of the Property line. 6. 2155 Upland. The Property Owner shall construct and complete a 12-foot wide multi-use path between 2125 or 2155 Upland Avenue centered on each side of the Property line. 7. 4240 19~' Street. The Property Owner shall construct and complete: a. 12-foot wide multi-use path along the Fourmile Creek alignment, unless a narrower path width is approved by the City; b. All channel, trail, and environmental restoration improvements as specified in the Fourrnile Canvon Creek Maior Drainagewav PlanninQ Phase B Renort (Draft Preliminarv DesiQn) prepared by Love & Associates, Inc. and Anderson & Company on September 2001 and Revised November 2001, on file with the City of Boulder Planning Department, the final plan for Fourmile Canvon Creek Ma,jor Drainaeewav Plannine Phase B Report subsequently adopted by the City for flood control or drainage purposes, or an alternative plan approved by the City. In addition to constructing said improvements on the subject Properties, the Property Owner wili be required to obtain any necessary easements, subject to the review and approval by the City, from Property Owners both upstream and downstream to connect the channel, trail and environmental restoration improvements described herein; and c. The sidewalk along the Property's frontage with 19th Street and convey a 4-foot sidewalk easement along such frontage. Exhibit C Map (Electronic copy not available at this time.) Aeenda Item # SA Paee# 30 EXHIBIT D Vine Avenue Improvements All public improvements shall meet all City requirements. Vine Avenue - Meeting the access street standard in §2.09(D)(4) of the City of Boulder Design and Construction Standards, including road base, pavement, curb, gutter, 4-foot sidewalks, drainage improvements; and water and sewer main improvements within the Vine Avenue right of way. Exhibit D Map (Electronic copy not available at this time.) AQenda Item # SA Paee# 31 EXHIBIT E ADDITIONAL DEDICATIONS, IMPROVEMENTS, AND REQUIREMENTS PERTAINING TO INDIVIDUAL LOTS PRIOR TO ANNEXATION 1937 Uvland. Prior to first reading of the annexation ordinance, the Property Owner shall: a. Dedicate the north 20 feet of the Property in fee as right-of-way; b. Dedicate a public access easement for a multi-use path over the property described on Exhibit F; c. Pay the outstanding Water Assessment of $861.18 Q 3935 lineal feet of frontage of the Property times $6.18 per lineal foot), for the 8-inch water main; and d. Pay the Storm Water and Flood Management Utility Plant Investment Fee of $1,31198. 2005 Upland. Prior to first reading of the annexation ordinance, the Property Owner shall: a. Dedicate the north 20 feet of the Property in fee as right-of-way; b. Dedicate a public access easement for a multi-use path over the property described on Exhibit F; c. Pay the outstanding Water Assessment of $865.20 (1401ineal fcet of frontage ofthe Property times $6.18 per lineal foot), for the 8-inch water main; and d. Pay the Storm Water and Flood Management Utility Plant Investment Fee of $2,588.25. 2010 Unland. Prior to first reading of the annexation ordinance, the Property Owner shall: a. Dedicate ] 0 feet of the Property as a public access easement for a multi-use path and fire lane along the western property line of the Property; and b. Pay the Storm Water and Flood Management Utility Plant Investment Fee of $3,034.50. 2020 Uniand. Prior to first reading of the annexation ordinance, the Property Owner shall: a. Dedicate the north 30 feet of the Property in fee where it fronts on existing Tamazack right-of-way; Agenda Item # SA Pa~e# 32 b. Dedicate a flood channel easement approximately 135 feetin width centered on Fourmile Canyon Creek in the general location as shown on Exhibit B; and c. Dedicate 15 feet of the Property as a public access easement for a multi-use path from the west end ofTamarack Avenue to Fourmile Creek trail as shown on Exhibit C. c. Pay the Storm Water and Flood Managcment Utility Plant Investment Fee of $3,034.50. 2075 Upland. Prior to first reading of the annexation ordinance, the Property Owner shall: a. Dedicate the north 20 feet of the Property in fee as right-of-way; b. Pay the outstanding Water Assessment of $865.20 (140 lineal feet of frontage ofthe Property times $618 per lineal foot), for the 8-inch water mains; and c. Pay the Storm Water and Flood Management Utility Plant Investment Fee of $5,042.63 2090 Upland. Prior to first reading of the annexation ordinance, tl~e Property Owner shall: a. Convey the western 20 feet of the Property as a Temparary Fire Access Easement until such time as the Permanent Fire Access Easement as shown on Exhibit B is conveyed when said temparary easement will automatically be extinguished. b. Pay the outstanding Water Assessment of $865.20 (140 lineal Feet of frontage of the Property times $6.18 per lineal foot), for the 8-inch water main; and c. Pay the Storm Water and Flood Management Utility Plant Investment Fee of $3,266.55. 2125 Upland. Prior to first reading of the annexation ordinance, the Property Owner shall: a. Dedicate the north 20 feet of the Property in fee as right-of-way; b. Dedicate the east 7.5 feet of the Property as a public access easement for a multi-use path; c. Pay the outstanding Water Assessment of $865.20 (1401ineal feet of frontage of the Yroperty times $6.18 per lineal foot), for the 8-inch water main; and A~enda Item # SA Peee# 33 d. Pay the Storm Water and Flood Management Utility Plant Investment Fee of $3,079.13. 4240 19'~ Street. Prior to first reading of the annexation ordinance, the Property Owner shall: a. Pay a Storm Water and Flood Management Utility Plant Investment Fee of $2,650.73; and b. Dedicate a flood channel easement approximately 135 feet in width centered on Fourrnile Canyon Creek in the general location as shown on Exhibit B. AQenda Item # SA Paae# 34 ~~ ~~ d~ ~ .o U ~ ca ~ ~ Q ~ ~~tsse ~ + ~ '~ , I ~ ~ ~~ < I~ i ~ ~ i; ~ ~i -~ ~ I ~> ,I i ;I i i ' ~I I I I I~ J I 1 Wn.o ..... ~.n i.. ~ I~ L ~a. a \\~~~~~1~~~~~~ - _ _- - - - _ - ~M , " _ - _ - _ \ . ~ '3 \ ~W\ ~ ~,. __-_"-' ~ N~B1MBfNEEt ______ ___°^=~•ru___ ~ B/.919 OF BEARIN09`~~ ma n~~ ~ i~ i L_ Annexation Map OF A PARCEL OF UND LOCATED IN THE NORTH&AST QUARTdR OF SECTION fB, TOWNSHiP 1 NORTH RANGE >0 WEST OF THE 6TH P M, I COUNTY OF BOULOER, STATE OF COLORADG <NEEr z o~ s ~ ~~ ~ ' ~ ~ ~i ~ , E ° ~_, ~ i ~ ~ ~ ~~, ~.~ ,m, ~ ~ ~i ~ i ~~ ~ i ~~" ;~i i y.~-- i y , - ~~h„.--~ I~ ~g 6 LL~ 9~ 1 i I I I r--- l I I i __ ;! ~. r ° 3~~~ 1~ 5~ i9 ~ ~ ~---- ---- °-- ~` .~~ ~ ~&~ ~ ~ .~'^' ~ I ~ e ~ I ~ u6~,~ ' i I ~ +~lo I ~$i ~ ~ ~ . ~a ' ~ I r~a F ~ 1 ~R\R\ ~,.., ~i = I ~ ~ai gp ~ ~ %> ~~ c- ; p a~~ ~~`~ a S E ~ .~A A ^- .~.~M. ~ ~ I~B " ~ I ...~ e ~! .,~ ,.r. ~ p niI S 'a':~ ~ ~ ~ ~ ~ y . ' I . . I ~ ~ I ~ ~. ~ ~ I ~ I t ~p~~ ~~ ~ F° - .~ ~ ~~~ a.~ '"" ~,.. ~iii~ ~ ~ 0~ a.~H Annexation Map 0!' n GaRCEL OF LAND I/JCATCD lN 191G NOFTIILAST pUqR'fFR OP SECTfON IH, TOWNSHfP 1 NORTH, RANGL JO W85f OP 9TlE UTN PM, COIIN-Y OP AOUI,OF.R, STATE OF COLORADO SHEET t OF 2 ~..~o.w+a :'~'~,. ,. ~.w w.~o".'w.,,`a"r~ ~o~~ w~°.::e:o'~,. ~On"~~ .,ir. .,~~.-a~:`,`k~ a~~..,d....~ R`°o°F~ aM .am. r~a. ,1 n~wn ~ ew ~r~[u~a~ rn M twrvr on ~ I»~arv~uu Nmru~ rv '1 vrnrt rn ~-~ nms msrvu n ur '~w~ m M W6WM irom sr.,or. er.ro~.x ~`,-`~w ~ ~~k~.~b' W..~~.. ~.,.~, ~ rin~a ~ CWk eN RwaCM CrlMOpa mxEMLL OEBwpn~virto ~n ruws wan nnrt rc mw.w ~ttachment C Vicinity Map Cit of Boulder Vicinity Map ~ v ~~~~~ ~`>. . I: I I : ~:~, `~~<:.~.. , ~~~ ~s ~ R-E P- E i a--~ r E I~ RR-E ~n ~~ ~ R-E ~ Subject Area Upland Ave Area E Legend Outside City Limit ~ City Lfmit ^^ Location: Upland Ave Area ~, ~=x ('ityof -,~i~~~ Project Name: Crestview East 9 ~~~ ~ ' ~ ~~~: ~~. Bor~lclc: r• Review Type: Annexafion/lnrtial Zoning ~~~~~ The ~nfnimafion depidetl on this map is {;romtled RBVI6W NUITII~@I': LURZOO3-OOOBJ asqrannica~re~resentatbnonW meci~yoit+owde~ ~mvi~les nu warrenly, expressed or implieU as lo 1 inch equals 400 feet ~hPacr,u~acyanmorr.nmpietenessotthemtermation Applieant: Mark Young W"'~'"~he'e°" A~enda Ite~n # SA Pa~e# 37 Attachment U Dcvcl<~~~ment Rcvic~v Rcsults ~i-~cl Commcaltt CITY OF BOULDER LAND USE REVIEW RESULTS AND COMMENTS DATE OF COMMENTS: CASE MANAGER: PROJECT NAME: LOCATION: COORDINATES: REVIEW TYPE: June 12, 2006 Brent Bean CRESTVIEW EAST # 1 2020 UPLAND AV N08W05 Annexation / Initial Zoning REVIEW NUMBER: LUR2003-00069 APPLICANT: MARK YOUNG DESCRIPTION: ANNEXATION AND INITIAL ZONING of 8.67acres containing 8 ownerships (added 2005, 2010, 2125 Upland) located east of 19th Street, north of Sumac extended east of 19th Street. Low Density Residential (LR-E) has been requested for two properties north of Upland and Estate Residential (ER-E) zoning for the four parcels south of Upland. REQUESTED VARIATIONS FROM THE LAND USE REGULATIONS: smaller than standard lot for 4270 19`h Street to support 20`h Street right of way dedication? I. REVIEW FINDINGS Since the last review, a previously approved amendment to the North Boulder Subcommunity Plan (NBSP) from 1997 has been uncovered. This document was approved by both Planning Board and City Council. Changes to both land use and access requirements were made to this area as a part of this plan amendment. The implications of this document to applicants is that the location of pedestrian, fire lanes, right of way and land uses shown in this document are applicable to this annexation request. The right of way locations and land use designations appear to have the most impact on previous comments. The southwest area, 4270 19`h and 2020, 2010 and 2090 Upland have a Rural Residential (RR) zoning designation recommended. This zone permits one unit per 30,000 square feet of lot area. There is a difference between the NBSP and The Boulder Valley Comprehensive Plan (BVCP) designates for this area. The NBSP would be "very low residential", where the BVCP is for "Low density" residential development, which would support ER-E zoning (1 uniU15,000sf of lot area). The RR zoning was recommended for this area due to the presence of the Four Mile Creek flood plain. Should the flood plain concerns be addressed, a change in the zoning of these properties to ER-E could be initiated. The second issue is the requirement for 20th Street to be developed as a public right of way. The NBSP recommended that this road be developed within a 30' right of way if development greater than RR zoning occurs. Staff will be recommending that the right of way be dedicated as a condition of annexation (15' for the two properties adjacent to the ROW), but the road will not be developed until development greater than RR zoning permits occurs (this would be the result of a rezoning). This condition will limit development of 2010, 2020 Upland and 4270 19`h Street. A third issue that has arisen since the initial application for annexation is that new maps for Four Mile Creek flood plain have been sent to FEMA for adoption. These maps impact 4270 19~h Street and 2020 Upland more significantly then the present flood plain maps. It is anticipated that the review of the new mapping will be completed by FEMA in the next couple months, if approved any new development will be required to comply with the new mapping. Improvements to the creek can still be made, but the improvements will need to consider the changes resulting from the new maps once they are adopted. ~~~enda Ite~n # SA Pa„~c# tK It may be necessary to meet with the applicants once more to review the new information provided in this document. If it is found that the annexation is still viable, the city will complete the annexation agreements for each property based on the information provided in this document prior to Planning Board review of the request. All applicants will need to sign the annexation agreements prior to the request being scheduled for Planning Board consideration. This will require issues regarding the annexation of each property be resolved prior to Planning Board consideration of the annexation. If a party decides not to proceed with the annexation, they must withdraw prior to the first meeting with City Council and the annexation map amended accordingly before the request can be rescheduled for City Council consideration. At least two meetings are required with City Council to complete the annexation. The first reading is an introduction of the annexation. The second meeting is a Public Hearing and must be scheduled no sooner than 30 days following the first hearing, but no longer than 60 days after the first hearing. If applicant(s) desire to be removed from the annexation, a determination of the viability of the annexation (compliance with state annexation requirements) will need to be completed by the city and applicants. II. CITY REQUIREMENTS Access/Circulation Previous comments referred to the original infrastructure plan for the North Boulder Subcommunity Plan. Since the intent of these comments is to reflect the most current version of the plan, these comments have been corrected to reflect changes made since the original approval. In some cases, current residential street standards are assumed rather than older, wider rights-of-way that were,anticipated by the infrastructure plan. The following dedications and improvements would be expected from the referenced properties: 1937 Upland • Cost of a 4 foot wide sidewalk along the IoYs frontage with Upland • North 20 feet of lot dedicated as right-of-way, 'h of the cost of a residential access street along the property's frontage with Vine. • East 7.5 feet of lot dedicated as a public access easement, Yz the cost of a 12 foot wide concrete multi-use path. 2005 Upland • North 20 feet of lot dedicated as right-of-way, Yz of the cost of a residential access street along the property's frontage with Vine. • West 7.5 feet of lot dedicated as a public access easement, Yz the cost of a 12 foot wide concrete multi-use path. • Cost of a 4 foot wide sidewalk along the lot's frontage with Upland 2075 Upland • North 20 feet of lot dedicated as right-of-way, Yz of the cost of a residential access street along the property's frontage with Vine. • Cost of a 4 foot wide sidewalk along the IoYs frontage with Upland 2125 Upland • North 20 feet of lot dedicated as right-of-way, Y of the cost of a residential access street along the property's frontage with Vine. • Cost of a 4 foot wide sidewalk along the IoYs frontage with Upland • West 7.5 feet of lot dedicated as a public access easement, Yz the cost of a 12 foot wide concrete multi-use path. 2010 Uqland • Cost of a 4 foot wide sidewalk along the IoPs frontage with Upland • %: of the cost of a Rural Residential street along the propertys frontage with Tamarack. • West 15 feet of lot dedicated as right-of-way,'/: of the cost of a Rural Residential street within this right-of-way. AQenda Item # SA Paee# 39 2090 Upland • Cost of a 4 foot wide sidewalk along the IoYs frontage with Upland • South 30 feet of lot dedicated as right-of-way, Y~ of the cost of a Rural Residential street along the property's frontage with Tamarack. 4270 19`" Street • East 15 feet of lot dedicated as right-of-way, %z of the cost of a residential access lane within this right-of-way. • An 8 foot wide easement and 5 foot wide concrete sidewalk along Fourmile Canyon Creek. • A 5 foot wide sidewalk along 19`" Street and any necessary easements over the sidewalk. 4240 19~" Street • An 8 foot wide easement and 5 foot wide concrete sidewalk along Fourmile Canyon Creek. • An 8 foot wide easement and 5 foot wide concrete sidewalk connecting Tamarack to the Fourmile Canyon Creek sidewalk. • A 5 foot wide sidewalk along 19`h Street and any necessary easements over the sidewalk. Boulder Valley Comprehensive Plan (BVCP) 1. In 1997 the North Boulder Subcommunity Plan was amended changing the designations for the area west of the western end of Tamarack to Rural Residential. This change has not previously been discussed in previous city memos, because the change has just been verified. Several street and trail locations and types were recommended to be different based on this document as well. See transportation comments. Current aty staff has reviewed the current proposals and finds we can support a change in the 1997 designation back to Estate Residential (ER-E) if improvements are made to the flood plain removing most of these lots from the flood plain. The area will be zoned RR-E until these improvements are made. It should also be noted, that this area will require the dedication of the reserved right of way on 4306 19'" Street. The city can request the owners of this property dedicate the right of way, but the owners may choose not to dedicate the right of way until they subdivide the property, at which time the city can require the dedication The dedication of this right of way could also delay rezoning this area from RR-E to ER-E. 2. The Applicants are requesting an initial zoning which would allow for additional residential dwelling units in excess of those existing on the Subject Properties to date. In order to reduce the negative impacts associated with additional residential development, the Boulder Valley Comprehensive Plan requires that "community benefiY' be demonstrated for annexing properties which, when developed with the requested zoning, will add additional residential units. The provision of permanently affordable housing is considered the priority "community benefiY' for annexing residential properties with additional development potential. The policy standard for Crestview East is that 25% of the newly constructed units on combined LR and ER zoned properties be permanently affordable to middle income households and that the remaining newly constructed units pay twice the applicable cash-in-lieu amount required by inclusionary zoning. For the calendar year 2006, this amount equals $45,364.90 for each newly constructed single family dwelling unit that requires a building permit. LR/MR parcels that have subdivision potential for three (3) or fewer total units may also use this cash-in-lieu option since application of the 25% standard would result in a fraction of an affordable dwelling unit. 3. Any permanently affordable units produced under this annexation request may not be used to satisfy other permanently affordable housing requirements located on property other than the Subject Properties. Cindy Pieropan, HHS, 303.441.3157. Drainage As a condition of annexation, the applicant is required lo convey drainage in an historic manner, which does not adversely affect neighboring properties. Scott Kuhna, 303-4413121 Aaenda Item # SA Pa~e# 40 Flood plain The existing Four Mile Canyon Creek regulatory floodplain map shows a number of the properties as within the 100-year floodplain. Upon annexation, all properties within the floodplain are subject to B.R.C. 1981, Floodplain Regulations. A restudy of Four Mile Canyon Creek has been completed and is currently under review by FEMA for potential adoption. The new mapping would result in significant changes to the conveyance zone and may have a larger impact on the future development potential of those properties within this zone. Any development within the floodplain would need to comply with regulations in place at the time of application. City regulations and policies related to construction of conveyance improvements to mitigate flood impacts remain substantially the same as those in place during previous discussions. As stated in earlier review comments, prior to annexation, the applicant shall dedicate the necessary easements to construct all channel, trail, and environmental restoration improvements as specified in the Fourmile Canyon Creek Phase B preliminary design document for the stream reach from 19~" St. to the downstream limits of the property at 2020 Upland. The extent of the conveyance easement shall include the Four Mile Canyon Creek improvements as specified in the Phase B Report and Design, as it falls within the properties which are a part of this annexation. Although improvements have been completed downstream along the Riverside development, a portion of the creek corridor upstream of Riverside and directly downstream of 2020 Upland has not yet been improved. The applicant may extend the project limits to tie-into the existing improvements to mitigate flood hazards in the area and shall coordinate with downstream property owners to investigate additional easements for the flood improvements. Prior to first reading, the applicant shall also coordinate with other property owners to secure the necessary easements to construct a complete project. The applicant has expressed interest in entering into an agreement with the city for a conveyance easement that would allow for the development of new structures within the easement. Any future conveyance easements dedicated to the city for the purpose of constructing channel, trail and environmental restoration improvements would restrict future development until such improvements are completed. The portions of the conveyance zone that are located outside of the easement, however, could be developed if the proposed construction meets the city's floodplain regulations. Once the applicanCs proposed improvements have been completed and approved, the easement may be reduced through vacation and rededication to reflect the revised conveyance zone. All improvements including maintenance access must remain in a permanent easement which may extend beyond the revised conveyance zone. Additionally, the applicant has requested that the city make improvements to remove conveyance conditions affecting the site within a finite period of five years. The city does not consider these terms acceptable and will not enter into an agreement where this condition applies. W hile the city will work with the applicant to construct channel improvements to mitigate flood hazards, a time frame, budget and schedule to construct such improvements has not yet been determined. To better fit anticipated development scheduling, the applicant may proceed with channel improvements if prior to the final plat, a final design is reviewed and approved by the City of Boulder Utilities Division. The applicant shall bear the cost of this review and prior to second reading of the annexation ordinance, the applicant shall provide a financial guarantee for the master plan improvements. Cristina Martinez 303-441-1886 Fees Please note that 2006 development review fees include a$128 hourly rate for reviewer services following the initia~ city response. Please see the P&DS Questions and Answers brochure for more information about the hourly billing system. 1. The following assessments are due for the identified properties: 1937 Upland Avenue prior to first reading of the annexation ordinance, the applicant shall pay a Sanitary Sewer Assessment (for utility main reimbursements) fee of $278.30. 2075 Upland Avenue: prior to first reading of the annexation ordinance, the applicant shall pay the outstanding Water Assessment of $865.20 (140 lineal feet of property frontage times $6.18 per lineal foot), for the S-inch water mains. A~enda Item # SA Pa~e# 41 2090 Upland Avenue: prior to first reading of the annexation ordinance, the applicant shall pay the outstanding Water Assessment of $865.20 (140 lineal feet of property frontage times $6.18 per lineal foot), for the 8-inch water main. 4270 19~h Street: prior to first reading of the annexation ordinance, the applicant shall pay a Water Assessment (for utility main reimbursements) fee of $636.00. 4270 19`h Street: prior to first reading of the annexation ordinance, the applicant shall pay a Sanitary Sewer Assessment (for utility main reimbursements) fee of $954.00. 2005 Upland: prior to first reading of the annexation ordinance, the applicant shall pay the outstanding Water Assessment of $865.20 (140 lineal feet of property frontage times $6.18 per lineal foot), for the 8-inch water main. 2~ 25 Upland: prior to first reading of the annexation ordinance, the applicant shall pay the outstanding Water Assessment of $865.20 (140 lineal feet of property frontage times $6.18 per lineal foot), for the 8-inch water main. 2. Prior to first reading of the annexation ordinance, the applicants shall pay a Storm Water and Flood Management Utility Plant investment Fee (in accordance with Section 11-5-7 of the Boulder Revised Code, 1981) based on: Lot Area Impervious Area 2006 fee is 2010 Upland Ave. 36,120 sf 3,400 sf $3,034.50 1937 Upland Ave. 35,950 sf 1,470 sf $1,311.98 2075 Upland Ave. 38,150 sf 5,650 sf $5,OA2.63 2090 Upland Ave. 36,120 sf 3,660 sf $3,266.55 4270 19`h Street 47,700 sf 2,480 sf $2,213.40 2020 Upland Ave. 99,337 sf 3,410 sf $3,043.43 4240 19`h Street 46,270 sf 2,970 sf $2,650.73 2005 Upland Ave. 41,595 sf 2,900 sf $2,588.25 2125 Upland Ave. 39,397 sf 3,450 sf 3 079.13 $26,230.60 3. Upon annexation, each property will be subject to a Storm Water and Flood Management Utility monthly fee based on current rates as described in the Boulder Revised Code, 1981. 2010 Upland Ave 1937 Upland Ave 2075 Upland Ave 2090 Upland Ave 4270 ~ 9`" Street 2020 Upland Ave 4240 19~h Street 2005 Upland Ave 2125 Upland Ave 2006 Monthlv Rate $9.85/manth Storm Water and Flood Management $9.85/month Storm Water and Flood Management $9.85/month Storm Water and Flood Management $9.85/month Storm Water and Flood Management $9.85/month Storm Water and Flood Management $9.85/month Storm Water and Flood Management $9.85/month Storm Water and Flood Management $9.85/month Storm Water and Flood Management $9.85/month Storm Water and Flood Management 4. Prior to connection to city utilities (water and sanitary sewer) for each property, the applicant shall pay all Plant Investment Fees (PIF) associated with the properties. The current 2006 Water and Wastewater PIF's (Sections 11-1-53 and 11-2-34 of the Boulder Revised Code, 1981) are generally as follows: Detached Sinqle Familv Residential Units 2006 fees Water PIF Wastewater PIF Small - Size Residential $7,625.00 $1,455.00 Average - Size Residential $9,530.00 $1,820.00 Large - Size Residential $11,435.00 $2,185.00 Aeenda Item # SA PaQe# 42 / A Small size residence does not have more than 2 bathrooms. / An Average size residence does not have more than 3 bathrooms. / A Large size residence has more than 3 bathrooms. These fees are for the purpose of water and wastewater utility capital improvements, reconstruction or expansion of the water and wastewater utilities, or other purposes related to the functions of the water and wastewater utility systems. These fees are based on the number of plumbing fixtures located within the structure. A fixture count form must be submitted prior to connection to city utilities. Exact fees (including tap fees, permit fees, inspection fees, appurtenance fees, etc.) will be based upon the fixture count form and the current utilitv fee rates at time of application for connection. The Boulder Revised Code 1981 allows for the waiver of Development Excise Taxes (DET's) for residential developments annexing to the city, if the residences were constructed before 1962. Because all of the residences in the annexation proposal were constructed before 1962, no DET's will be charged at this time. Scott Kuhna, 303-441-3121 Fire Protection No additional comments from what was noted on Land Use R~view Results and Comments dated Oct. 27, 2003. The applicant acknowledges the comments however; I could not see where they had implemented them on the submitted drawings. Below is a copy of the comments from the Oct. 27, 2003: David Lowrey, 303.441.4356 Fire hydrant s~acing must meet c~rrent City of Boulder Residential Design & Construction Standards. The proposed 22" Street extension between Upland and Vine is strongly supported by Fire. A new "fire lane" is required from the west end of Tamarack, running west and connecting to 19~" Street. Any multi-family residence or "house behind a house" shall be equipped with fire sprinklers. Clari~cation, fire lane would be required if 20~h Streei not constructed. Land Uses 1937, 2005, 2125 and 2075 Upland will have split zones, LR-E on the northern half and ER-E on the southern half of the parcel. Staff will recommend to the Planning Board and City Council that two lots may be created by subdivision of the lots where the two zones meet. The following conditions will apply if the parcels are subdivided. a. Two lot pattern consistent with the provisions of the LR-E zone shall be documented for the northern half of the lots. b. Development of a new residence within the LR-E zoned portion of the lot shall be consistent with LR-E setbacks standards and only occur within the boundary of one of the future lots. c. Access may be from a temporary easement accessing Upland, which will expire once Vine Avenue has been constructed, at which time access shall be from Vine Avenue. d. Building shall be designed to face toward Vine Street (front door) within Ihe LR-E zoned area. e. At time of construction of Vine Avenue utilities, all service lines will be required to be connected to utility mains in Vine Avenue. Any property fronting on the future Vine Avenue will have to pay its pro-rata share of the improvements (utilities, street, etc.) for the construction of Vine Avenue. Legal Documents The following are the comments of Julia Chase, Legal Assistant, Ph. (303) 441-3020 unless indicated othenvise: 1. Each property owner will be required to provide updated title work current to within 30 days prior to signing their annexation agreements. 2. 1937 Upland: Depending on the outcome of the quiet title action for the 30' strip, it may be necessary to have additional persons of interest sign an annexation petition for this property. 3. Prior to signing the annexation agreement, proof of authorization to bind on behalf of any LLCs is required. A~enda Item # SA PaQe# 43 Misceflaneous Prior to first reading of the annexation ordinance, the applicant shall sell and convey to the City any interests in water or water rights associated with, or appurtenant to the subject properties, including any and all interests, be they contractual interests or otherwise, in the Silver Lake Ditch Company. The properties at 2075 Upland Avenue and 2125 Upland Avenue each currently own one (1) share of the Silver Lake Ditch Company. Scott Kuhna, 303-441-3121 Utilities 1. As a condition of annexation, all existing structures requiring the use of a waste disposal system shall be connected to a public sanitary sewer main (in accordance with Section 11-2-8 of the Boulder Revised Code, 1981) within 180 days of the second reading of the annexation ordinance, or prior to connection to the city's water system, or prior to any building permit application (whichever occurs first). Public sewer main extensions along Upland Avenue and Tamarack Avenue, in accordance with the City of Boulder Design and Construction Standards, will be necessary at the applicanYs expense. All final engineering plans must be approved through the city's Technical Document Review process and Right-of-Way Permits must be applied for and received by a city licensed right-of-way contractor prior to construction. Scott Kuhna, 303-441-3121 2. Upon annexation, the subject properties will be required to meet city fire protection requirements (See "Fire Protection" information comments below). Per Section 5.10(A)(3) of the City of Boulder Design and Construction Standards, "... no exterior portion of any single family residential building shall be over 250 feet of fire access distance from the nearest hydrant". Public water main extensions along Tamarack in accordance with the City of Boulder Design and Construction Standards, within 180 days of the second reading of the annexation ordinance or prior to any building permit application (whichever occurs first), to meet fire protection requirements are required at applicant's expense. All final engineering plans must be approved through the city's Technical Document Review process and Right-of-Way Permits must be applied for and received by a city licensed right-of-way contractor prior to construction. The applicant should conlact Ron Mahan, Chief Fire Marshal, at 303-441-4356 for coordination of proposed fire hydrant locations and emergency access requirements. Scott Kuhna, 303-441-3121 3. As a condition of annexation, as part of the proposed utility main construction, the applicant is required to dedicate all necessary utility easements. Public utility easements must be at least 25 feet wide and may not fall on both sides of a parallel property line. Scott Kuhna, 303-441-3121 4. As a condition of annexation, the applicant is required to abandon all existing septic systems in accordance with Boulder County Health Department and State regulations. Scott Kuhna, 303-441- 3121 5. The subject properties are currently included in the Northern Colorado Water Conservation District. A petition for the Municipal Sub-district must be filed for each of the subject properties. Please contact Michelle Mahan at 303-441-4417 regarding NCWCD Sub-District applications and fees. Wetlands Prior to first reading of the annexation ordinance, all wetlands and buffer areas on the property to be annexed shall be mapped according to the procedures set forth in B.R.C. 9-12-4, Wetlands Mapping. This mapping shall include a functional evaluation of the wetlands, either performed by or subject to approval by the city. The approved mapping shall be adopted as an update to the adopted wetlands aerial maps as a part of the annexation ordinance. Zoning Zoning of this area will be based on the land use recommendation of the 1997 North Boulder Subcommunity Plan (NBSP). Zone boundaries will be placed at the half way point between the center lines for Vine, Upland and Tamarack. MR-E south of Violet, LR-E (Low Density Residential - Established) for the portions of the properties fronting on rededicated Vine Street, ER-E (Estate Residential - Established) for the parcels north of Upland and RR-E (Rural Residential) for the parcels south of Upland. A~enda Item # SA Pase# 44 INFORMATIONAL COMMENTS Health Department comments: 4240 19`h Street Drinkinq Water Drinking water is supplied by the city of Boulder. Wastewater Disqosal Sanitary sewer is provided by the City of Boulder. 4270 19'" Street Drinkinq Water This Department has no documentation on the source of the drinking water. Wastewater Disposal this Department has no documentation on size, location or adequacy of the onsite wastewater system (OWS) for 4270 19'" Street. The property owner must apply for a connection to City of Boulder sanitary sewer or for a permit to install an OWS. 1937 Upland Avenue Drinkinq Water Drinking water is supplied by the city of Boulder, Wastewater Disposal An onsite wastewater system (OWS) permit was issued on 3/6/84 for 1937 Upland Avenue, a 3-bedroom house, which was approved on 3/11/85. 2005 Upland Avenue Drinking Water Drinking water is supplied by an existing well. Wastewater Disposal An onsite wastewater system (OWS) permit was issued on 9/17/85 for 2005 Upland Avenue, a 3-bedroom house, which was approved on 10/3/85. 2010 Upland Avenue Drinkinq Water Drinking water is supplied by the city of Boulder. Wastewater Disposal An onsite wastewater system (OWS) permit was issued on 4/6/60 for 2010 Upland Avenue, for a 3-bedroom house, which was approved on 4/27/60. The Assessor's records show the house as having 4 bedrooms. An addition to the OWS will be necessary and a permit from this Department will be required. Please note that the average lifespan of an OWS is 15 - 25 years (depending on how well it is maintained). The property owner should consider applying for a connection to the City of Boulder sanitary sewer. 2020 Upland Avenue Drinkinq Water This Department has no documentation on the source of the drinking water. Wastewater Disposal This Department has no documentation on size, location or adequacy of the onsite wastewater system (OWS) for 2020 Upland Avenue. The property owner must applyfor a connection to City of Boulder sanitary sewer or for a permit to install an OWS. 2075 Upland Avenue Drinkinq Water This Department has no documentation on the source of the drinking water. Wastewater Disposal This Department has no documentation on size, location or adequacy of the onsite wastewater system (OWS) for 2075 Upland Avenue. The property owner must apply for a connection to City of Boulder sanitary sewer or for a permit to install an OWS. 2090 Upland Avenue Drinkinq Water This Department has no documentation on the source of the drinking water. Wastewater Disposal An onsite wastewater system (OWS) permit was issued on 4/6/60 for 2090 Upland Avenue, a 3-bedroom house, which was approved on 4/27/60. The Assessor's records show the house as having 5 bedrooms. An addition to the OWS will be necessary and a permit from this Department will be required. Please note that the average lifespan of an OWS is ~5 - 25 years AQenda Item # SA Page# 45 (depending on how well it is maintained). The property owner should consider applying for a connection to the City of Boulder sanitary sewer. 2125 Upland Avenue Drinkinq Water This Department has no documentation on the source of the drinking water. Wastewater Disposal An onsite wastewater system (OWS) permit was issued for 2125 Upland Avenue, for a 3-bedroom house, which was approved on 3/21/62. Please note that the average lifespan of an OWS is 15 - 25 years (depending on how well it is maintained). The property owner should consider applying for a connection to the City of Boulder sanitary sewer. Iris Sherman-Boemker, Environmental Health Specialist (303) 441-1157 Miscellaneous The applicant is responsible for obtaining approvals for any relocations or modifications to irrigation ditches or laterals from the impacted ditch company. The applicant is advised that revisions to any approved city plans necessary to address ditch company requirements may require reapplication for city review and approval at the applicant's expense. Scott Kuhna, 303-441-3121 Utilities 1. The Proposed Utility Connection for Annexation plan shows a wastewater main extension westward along Upland Avenue. Per Section 6.06(J) of the City of Boulder Design and Construction Standards, wastewater mains shall extend to the far edge of the property being served to ensure perpetuation of the water distribution system. At time of the subsequent submittal for the proposed utility work, the wastewater main in front of 2075 Upland Avenue must extend to the western property line of the lot. Scott Kuhna, 303-441-3121 2. As part of the proposed utility main construction between Tamarack Avenue and Upland Avenue, the apPlicant will be required to obtain a 25-foot wide utility easement through the Dean property (4306 19 ") or the Stark property (2010 Upland) for the proposed water main. A reservation for 15 feet of right-of-way along the eastern edge of the Dean property was required when the property was annexed, however, a minimum width of 25 feet is required for the water main. Scott Kuhna, 303-441- 3121 IV. NEXT STEPS If the applicants are in agreement with the information provided in this document, work on completing the final development documents may begin. However if there is a need to discuss the information, please contact the Case Manager through the principle applicant (Mark Young) to schedule a meeting. Staff will meet with smaller groups to discuss specific issues that may impact more than one property, such as the RR zoned parcels. V. CONDITIONS ON CASE There are a number of items that have been listed by specific properties in the discussion items above. These criterian and the following would apply for each property. The city will complete one annexation agreement for the request. The requirements for each parcel will be listed within the agreement. A signiture blank for all applicants will be included within the agreement. Prior to application for a building permit for any new units, the Applicant shali execute, in a form acceptable to the City Attorney and the City Manager, covenants and deed restrictions for the permanently affordable units and pay any applicable cash-in-lieu amounts. The covenants and deed restrictions shall include the initial sale price and the rate by which subsequent sale prices may increase so as to guarantee the perpetual affordability of the units. The covenants and deed restrictions shall be recorded against the Subject Property and run with the land. Any permanently affordable units produced under this annexation agreement may not be used to satisfy other permanently affordable housing requirements located on property other than the Subject Property. Agenda Item # SA PaEe# 46 A new "fire lane" is required from the west end of Tamarack, running north and connecting to Upland Street. Any multi-family residence or "house behind a house" shall be equipped with fire sprinklers. Clarification, this condition applies if 20`" Street is not constructed. Agenda Item # SA PaQe# 47