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Minutes - Planning Board - 7/5/2007CITY OF BOULDER PLANNING BOARD ACTION MINUTES July 5, 2007 1777 Broadway, Council Chambers A permanent set of these minutes and a tape recarding (maintained for a period of seven yeazs) are retained in Central Records (telephone: 303-441-3043). Minutes and streaming audio are also available on the web at: http•//www.bouldercolorado. o~v/_ PLANNING BOARD MEMBERS PRESENT: Elise Jones, Chair Willa Johnson, arrived to the meeting a[ 6:10 p.m. Andrew Shoemaker Phil Shull Adrian Sopher Richazd Sosa PLANIVING BOARD MEMBERS ABSENT: Bill Holicky STAFF PRESENT: Brent Bean, Senior Planner Charles Feiro, Planner II David Gehr, Assistant City Attorney Elaine McLaughlin, Senior Planner Robert Ray, Land Use Review Manager Heidi Joyce, Administration Supervisor 1. CALL TO ORDER Chair, E. Jones, declared a quorum at 6:05 p.m. and [he following business was conducted. 2. APPROVAL OF MINUTES On a motion by P. Shull, seconded by A. Sopher, the Planning Board approved (5-0, B. Holicky absent, W. Johnson arrived to the meeting at 6:10 pm.) the May 24, 2007 Planning Board minutes. On a motion by A. Sopher, seconded by P. Shull, the Planning Board approved (5-0, B. Holicky absent, W. Johnson arrived to the meeting at 6:10 p.m.) the June 14, 2007 Planning Board minutes as amended. W. Johnson arrived to the meeting at 6:I0 p.m. 3. PUBLIC PARTICIPATION Jeff McWhirter, (MaryAnn McWhirter pooled her time to Jeff McWhirter), 5435 Illini Way, Boulder gave a presentation to the board addressing wedand impacts to the Hogan Pancos[ property. 4. DISCUSSION OF DISPOSITIONS, PLANNING BOARD CALL-UPS No items were scheduled for discussion. 5. ACTION ITEMS A. Public hearing and consideration of Annexation and Initial Zoning #LUR2003-00069, 2020 Upland or Crestview East Addition No. 1, located east of 19`~ Street, to the Residential 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"' Street and 4240 19`h Stree[. Applicants/Owners: Christine Foley Adams, Gary Howard Calderon, Ellen A. Stazk, Anne Hockmeyer, Four Mile Creek LLC, Jan Morzel, James G. Eddleman, Bazbaza K. Eddleman, Robert D. Knecht, Joan E. Knecht, Elaine D. Schuman and Robert J. Schuman, and Bradley S. Howe Case Manager: Brent Bean Applicant Presentation Mark Young, 820 Pearl Street, speaking on behalf of the applicants, generally supported the staff recommendation, with the exception that sidewalks aze not required on Upland Avenue. He also discussed the following development standards: fire lanes, multi-use paths and creek! floodway improvements. Jan Morzel, 2075 Upland, supported making the annexation affordable for property owners (through cash in lieu incentives, reduction of stonnwater and flood water plant investment fees, etc.) He did not support sidewalks on Upland Avenue. He discussed his concerns over the proposed "Vine Street" (between Upland and Violet). He supported two bike paths, instead of the three indicated in the proposal. He supported keeping the streets and bike paths as narrow as possible and supported maintaining and preserving the mature trees in neighborhood. He did not support taking the Silver Lake Ditch water rights away. Staff Presentation B. Bean presented the item to the board. He noted that the property owner of 4270 19`h Street withdrew from the annexation. Public Hearing Robert Naumann, 626 Cascade Avenue, Boulder Elaine Schuman, 4270 19`h Street, Boulder Jim Snow, 2305 Topaz Drive, Boulder Andy Malkiel, 2135 Upland Avenue, Boulder David Shade, 2198 Upland Avenue, Boulder Nathan Knecht, 2125 Upland Avenue, Boulder Anne Hockmeyer, 2010 Upland Avenue, Boulder Catherine Long Gates, P.O. Box 19, Boulder Christine Adams, 48 Alaska Road, Boulder Craig Bundy, 1445 Pearl Street, Boulder Board Discussion The boazd expressed a general concern that this item is not ready to move forward. R. Sosa would like to see a larger context map, showing how the enclave would be addressed in relation to surrounding communities. P. Shull discussed the 22°d Street connector, fire lanes, the timing of flood mitigation and sidewalks. A. Sopher suggested forwarding this item to council with a list of issues to be addressed including: sidewalks, Vine Street dedication, the potential for development of future units, specifically how much development is expected in this enclave in order to defray some of the costs for the property owners, the 22nd Street connector, extending payback from 10 [0 20 years, the necessity for multi-use paths, and the Silver Lake Ditch. Silver Lake Ditch P. Shull recommended that council hold a discussion on how the annexation agreement addresses the moratorium for Silver Lake Ditch rights. He also suggested extending the time frame for lease backs. Sidewalks The board took a straw poll on whether or not the annexation proposal should include sidewalks. Four members of the board (A. Sopher, P. Shull, E. Jones and R. Sosa) supported no sidewalks and two members (A. Shoemaker and W. Johnson) of the board were undecided. The board reconsidered their straw poll vote and offered the following comments: A. Shoemaker was concerned about the safety of the school children and said the character of the street will change with the annexation. W. Johnson said depending on how the area redevelops in the future, now might be the time to ask for sidewalks. E. Jones noted that the North Boulder Subcommunity Plan recommends that no sidewalks be constructed in the rural street sections proposed for Upland and Tamazack Avenue. B. Bean said during the review process staff acknowledged that Upland Avenue serves roughly 78-80 homes to the east where there is a need for a sidewalk to keep children off of the street. Upland Avenue provides the primary access into the cul-de-sac to the east of 22nd Street and to Tamarack Avenue. Due to the potential number of units increasing in this area, staff determined that sidewalks be included in this annexation. A. Sopher was undecided on this issue. R. Sosa supported no sidewalk. W. Johnson was leaning in favor of having a sidewalk. Vine Street Dedication The boazd said there needs to be further exploration of how Vine Street will be built and noted that it may include tradeoffs with the sidewalks on Upland Avenue in regards to greater or lesser traffic numbers on Upland. Potential redevelopment of lots The boazd asked for clarification on the number of lots that could potentially be redeveloped if the azea is built out. 22°d Street Connector The board asked for further clarification on what is intended with the 22°d Street connector, including: why is the 22°d Street connector proposed to go in a different location (20 years later), what are the impacts and when will the issue be resolved. Extend payback to 20 yeazs The board suggested that council explore extending the potential payback of water and sewer plant investment fees (PIP'S) to 20 years. Multi-use paths The boazd asked for clarity on how multi-use paths are defined in the scope of the North Boulder Subcommunity Plan. The board said it would be helpful if the connections from the North Boulder Subcommunity Plan are called out in the map. Silver Lake Ditch Rights The board supported extending the timeframe for lease backs for Silver Ditch Rights. Motion On a motion by P. Shull seconded by A. Sopher, the Planning Boazd recommended (6-0, B. Low - 1 (RL-1) and Residential Estate (RE) zoning districts, including the following_property issue might be resolved • that council explore extending the pav back period from 10 to 20 yeazs • that staff needs to provide greater clarity in presentation to council with regazds to multi-use paths 4 staff memorandum dated July 5 2007 as exhibit A including the following recommendations: • that council consider extending the time frame for lease back of Silver Ditch rights • that council consider the issue of sidewalks because the Planning Board was split on the issue B. Public hearing and consideration of non-conforming Use Review #LUR2006-00067, etown, for the property located at 1535-1539 Spruce Street, in the Residential High-2 (RH-2) zoning district. The proposal includes use of the existing building for broadcast and recording uses, office use, audio editing, post production, community meetings, workshops, and live musical performances with up to 200 audience members, up to 12 times per month unti19:00 p.m. Applicant: Nick Forster Owner: Tebo Partnership, LLLP Case Manager: Chazles Ferro Applicant Presentation Nick Forster, 458 Marine Street, Boulder, presented his proposal to the board. Staff Presentation C. Ferro presented the item to the boazd. Public Hearing Sam Sussman, 840 Peazl Street, Boulder Len Barron, 601 Canyon Boulevard, Boulder Lori Hunter, 1734 Spruce Street, Boulder Craig Bundy, 745 Jonquil Place, Boulder Andrew Winston, 2860 2151 Street, Boulder Ralph Sorenson, 603 Spruce Street, Boulder Harry Tuft, 1893 South Pearl Street, Denver Bart Costello, 2037 16th Street, Boulder Donna Mysior, 611 Arapahoe, Boulder Jim Griffey, 3800 Pleasant Ridge, Boulder Adam Hall, 2140 Walnut Street, Boulder Board Discussion E. Jones disclosed that the organization she works for is a local sponsor of etown. She said the organization she works for does not financially gain from that arrangement, nor does she personally. She said this will not affect her ability to make a decision on this item. A. Shoemaker said the use is clearly a recording operation and should be allowed in the RH zone. A. Sopher suggested that the applicant include an approved Transportation Demand Management (TDM) plan outlining methods to minimize the effects of parking on the neighborhood and directing visitors to pazk in a nearby parking structure as part of the management proposal. He also suggested that staff explore the possibility of expanding the NPP to include the hours and modification suggested by the applicant. Motion On a motion by A Soaher seconded by W. Tohnson the Plannine Board direct (6-0, B. Holicky absent) staff to draft conditions of approval of Use Review #LUR2006-00067 addressine the following issues: 1) The applicant provide an approved TDM elan outlining methods to minimize effects of pazking on the neighborhood and direct visitors to pazk in neazby narking structures and other methods of access to the facilities as part of their management elan, 2) That staff investigate and consider how to recommend to City Council the possibility of expanding the NPP to include the area suggested by the Whittier Neighborhood Association in their letter associated with this application. 3) The management plan should include that the applicant shall ensure that the broadcasting and recording facility is operated in compliance with the following restrictions: a Live performances to include musical performances, lectures, community meetings workshops classes and presentations shall be limited to 12 times per month with a maximum of 200 audience members and shall end by 9:00 P.M. On a motion by E Tones seconded by A. Soaher, the Planning Boazd continued (6-0, B. Holickv absent) Use Review #LUR2006-00067 to the August 2, 2007 Planning Boazd meeting. C. Public hearing and consideration of Comprehensive Plan Land Use Designation Change #LUR2007-00022, Rezoning #LUR2007-00023, and Simple Site Review #LUR2007-00037, for the property located at 6450 Gunpark, Crispin, Porter, and Bogusky, an advertising agency. The proposal includes four concurrent requests: 1. Amendment to the Gunbarrel Community Center Plan land use designation from Performance Industrial to Transitional Business; Amendment to the Boulder Valley Comprehensive Plan designation from Performance Industrial to Transitional Business; Rezoning from Industrial -General (IG) zone district to Business Transition - ] (BT- 1); and 4. Simple Site Review to amend the existing Site Plan approval. Applicants: John Broe, Director Partnership Development, Crispin, Porter and Bogusky Owner: Bob Gall Case Manager: Elaine McLaughlin Applicant Presentation John Broe presented his proposal to the board. Staff Presentation E. McLaughlin presented the item to the boazd. Public Hearing No one from the public spoke to this item. Motion On a motion by A. Soaher, seconded by R. Sosa, the_Planning Board approved (6-0, B Holickv) LUR2007-00022 LUR2007-00023, and LUR2007-00037, incorporating the staff memorandum dated July 5 2007 and the BVCP Comprehensive Plan Amendment Review Criteria: Rezonine Criteria: and Site Review Criteria Checklist, subiect to the following conditions of approval CONDITIONS OF APPROVAL: 1. The Applicant shall be responsible for ensuring that the development shall be in compliance with all approved plans dated Februazy 14, 2007 and on file in the City of Boulder Planning Department, except as modified by these conditions of approval. 2. The Applicant shall comply with all previous conditions contained in #S-2000-1 and the #SI-2000-2 recorded at Reception No. 2053340 on June 16, 2000, except as may be modified by this approval. 3. Prior to a building permit application, the Applicant shall submit a Technical Document Review application for the following items, subject to the approval of the City of Boulder Planning and Development Services Division: a. Final architectural plans, including materials and colors, to insure compliance with the intent of this approval and compatibility with the surrounding area. The architectural intent shown on the approved plans dated Febtvazy 14, 2007 is acceptable. Planning staff will review plans to assure that the azchitectural intent is performed. b. Final storm water plans and report in accordance with City of Boulder Design and Construction Standards for all storm water improvements. A construction storm water discharge permit is required from the State of Colorado for projects disturbing greater than 1 acre. The applicant is advised to contact the Colorado Department of Public Health and Environment. c. Final Lighting Plan and all private lighting shall be located outside the public right-of- way. 4. This approval is contingent upon City Council approval of Rezoning #LUR2007-00023 6. MATTERS FROM THE PLANNING BOARD, PLANNING DIRECTOR, AND CITY ATTORNEY A. Sopher gave the board an update on the Pops and Scrapes subcommittee meetings. R. McHeyser noted that E. Jones will meet with Mayor Mark Ruzzin prior to the joint August 29`h Transit Village Area Plan (TVAP) meeting. She asked the board to forward any comments or suggestions on this matter to E. Jones. She also noted that the July 17`h and August 29a' TVAP meetings will be televised. R. McHeyser reviewed the Planning Boazd calendar. A. Sopher requested that the Planning Board receive a copy of the July 17`h TVAP memo. The board discussed the Hogan Pancost wetland issue. R. McHeyser gave the boazd an update on the Planning and Development Services Strategic Plan. R. McHeyser said if board members are interested, there is an opportunity for the Planning Board to attend a board training session. DEBRIEF/AGENDA CHECK The board debriefed Action Item A. 8. ADJOURNMENT The Planning Boazd adjourned the meeting at 10:50 p.m. APPROVED BY Bo d air DA