Loading...
HomeMy WebLinkAboutItem 4D - Minor Subdivision Call Up - LUR2019-00001 - 2130 Upland AvenueMEMORANDUM TO: Planning Board FROM: Gabby Hart, Case Manager DATE: August 29, 2019 SUBJECT: Call-Up Item: Minor Subdivision of an existing lot at 2130 Upland Avenue in the RE (Residential Estate) zoning district to create one additional lot with frontage on Tamarack Avenue. The subdivision will result in one northerly 16,648 square foot lot (Lot 1) and one southerly 19,472 square foot lot (Lot 2). Case no. LUR2019-00001. The call-up period expires on September 5, 2019. Attached is the disposition of the conditional approval of a Minor Subdivision for the subdivision of a residential property within the Residential – Estate (RE) zoning district, which would create an additional lot with frontage on Tamarack Avenue (see Attachment A). The resulting Lot 1 will contain the existing single-family home at 2130 Upland Avenue. Lot 2 will contain a building envelope suitable for a future single-family home. Pursuant to Section 9-12-5(a), B.R.C. 1981, a Minor Subdivision is required to subdivide the property (see Attachment B for Approved Final Plat). Background. The subject property is 0.83 acres and is located south of Upland Avenue, north of Tamarack Avenue, and west of 22nd Street (refer to Figure 1). The property was annexed on October 6, 2009 (Ordinance No. 7689) as part of the Crestview East neighborhood annexation and is currently an uplatted tract. The property is located within the North Boulder Subcommunity. The project site is zoned Residential – Estate (RE), which is defined as: “[s]ingle-family detached residential dwelling units at low to very low residential densities” (Section 9-5-2, B.R.C. 1981). The minimum lot size and the minimum lot area per dwelling unit in the RE zoning district is 15,000 square feet. The proposed Lot 1 will be 16,648 square feet and the proposed Lot 2 will be 19,472 square feet. Following subdivision, both lots will be limited to a single dwelling unit unless accessory dwelling units are proposed and approved pursuant to Section 9-6-3(a), “Accessory Units,” B.R.C. 1981. Future development on both lots will be subject to compatible development standards, including side yard bulk plane, side yard wall articulation, maximum building coverage, and floor area ratio (FAR) requirements. In addition, the property is subject to the requirements of the Crestview East annexation agreement (see Attachment D) and the North Boulder Subcommunity Plan (NBSP). The annexation agreement requires the PROJECT SITE Figure 1: Vicinity Map Agenda Item 4D Page 1 of 62 property owner to provide escrow for one-half of the estimated cost for the construction of a 5-foot wide sidewalk along the west property line. At the time the property at 2110 Upland Avenue annexes into the city, the construction of the 5-foot wide sidewalk between the two properties will be required. The subdivision agreement describes this requirement as well as the required fees to be paid toward the public improvement assessments included in the 2020 Upland Public Improvement Extension Agreement (see Attachment E). Construction of a new dwelling on Lot 2 is subject to the design guidelines and affordable housing cash-in-lieu requirements of the annexation agreement at the time of building permit. Review Process. Preliminary and Final Plats are required for the request to subdivide the existing lot to create one additional residential lot within a Residential - Estate (RE) zone district. While the Preliminary Plat is an administrative review, the Final Plat requires a 14-day Planning Board call-up period. Public Comment. Required public notice was provided in the form of written notifications to adjacent property owners of the subject property. In addition, a public notice sign was posted on the property. Therefore, all public notice requirements of Section 9-4-3, “Public Notice Requirements,” B.R.C. 1981 were met. Staff did not receive any inquiries or comments from interested neighbors. Conclusion. Staff finds that this application meets the Minor Subdivision criteria set forth in Section 9-12-5(e), B.R.C. 1981. Further, the subdivision meets the minimum lot area requirements (Table 8-1: Intensity Standards) and the Standards for Lots and Public Improvements (Section 9-12-12). This application was approved by Planning and Development Services staff on August 21, 2019 and the decision may be called-up before Planning Board on or before September 5, 2019. The application will be considered at the September 5, 2019 Planning Board hearing. Questions about the project or decision should be directed to Gabby Hart at 303-441-4159 or via email hartg@bouldercolorado.gov. Attachments. Attachment A: Disposition of Approval Attachment B: Final Plat for Sukha Terra Subdivision Attachment C: Preliminary Plat for Sukha Terra Subdivision Attachment D: Annexation Agreement Attachment E: Subdivision Agreement Agenda Item 4D Page 2 of 62 ATTACHMENT A Agenda Item 4D Page 3 of 62 ATTACHMENT A Agenda Item 4D Page 4 of 62 “” ATTACHMENT BAgenda Item 4D Page 5 of 62 ATTACHMENT CAgenda Item 4D Page 6 of 62 1 of 39IIIIIIIIIIIIIIIVIIIIIIIIIIIIIVIIIIIIIIO3049079 1212212009 1004 AM RF 19600 DF 000 Boulder County Clerk CO ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT made this day of y1V 2001 by and between the City of Boulder a Colorado home rule city City and the property owners of 1937 Upland Ave 2005 Upland Ave 2010 Upland Ave 2075 Upland Ave 2090 Upland Ave 2125 Upland Ave 2130 Upland Ave 2135 Upland Ave 2155 Upland Ave 2160 Upland Ave 1938 Violet Ave 1960 Violet Ave 2066 Violet Ave and 2114 Violet Ave individually referred 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 Agreement under Exhibit A A The Applicant is the owner of the real property described in the attached Exhibit A Crestview East Addition No 1A Annexation Property A Property Owner owns an individual property Property within the Crestview East Addition No 1 A Annexation Property including 1937 Upland Ave 2005 Upland Ave 2010 Upland Ave 2075 Upland Ave 2090 1plard Ave 2125 Upland Ave 2130 Upland Ave 2135 Upland Ave 2155 Upland Ave 2160 Upland Ave 1938 Violet Ave 1960 Violet Ave 2066 Violet Ave and 2114 Violet Ave Each address represents a separate Property and Property owner B The Applicant is interested in obtaining approval from the City for annexation of each PopL ty in order to provide adequate urban services to said area particularly City water drainage and sewer utilities with initial zoning designations as follows RM2 for the northern 140 feet and RL1 for the southern 140 feet of 1938 Violet Ave 1960 Violet Ave 2066 Violet Ave and 2114 Violet Ave RL1 for the northern 140 feet and RE for southern 140 feet of 1937 Upland Ave 2005 Upland Ave 2075 Upland Ave 2125 Upland Ave 2135 Upland Ave 2155 Upland Ave and RE for 2010 Upland Ave 2090 Upland Ave 2130 Upland Ave and 2160 Upland Ave C Consistent with Policy 127 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 1 A 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 safety and welfare and prevent the OFFICIAL CENTRAL RECORDS COPY 1 200912015323 ATTACHMENT D Agenda Item 4D Page 7 of 62 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 COVENANTS 1 Definitions Floor area means the total square footage of all levels measured to the outside surface of the exterior framing or to the outside surface of the exterior walls if there is no exterior framing of a building or portion thereof which includes stairways elevators the portions of all exterior elevated above grade corridors balconies and walkways that are required for primary or secondary egress by chapter 105 Building Code BRC 1981 storage and mechanical rooms whether internal or external to the structure but excluding an atrium on the interior of a building where no floor exists a courtyard the stairway opening at the uppermost floor of a building and floor area that meets the definition of uninhabitable space Basements below grade shall be exempt from floor area calculations and garages up to 500 square feet shall be exempt from floor area calculations Newly Constructed Unit means either a new dwelling unit constructed on a vacant parcel or a redeveloped dwelling unit that is greater than 3000 square feet of total floor area for inclusionary zoning as defined by Section 916 Definitions BRC 1981 Redevelopment means the subdivision of a Property to create a new lot or the addition of a dwelling unit to an existing lot Redevelopment Improvements means the improvements which are fully described and shown on Exhibits B C and D 2 Requirements Prior to First Reading of the Annexation Ordinance a Thirty days prior to scheduling the first reading of the annexation ordinance each Property Owner shall i Provide title work current 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 Northern Colorado Water Conservancy District 2 ATTACHMENT D Agenda Item 4D Page 8 of 62 iii Pay the fees and convey the Property specified on Exhibit E Fees can be paid at the time of first reading or at the time of redevelopment If a Property Owner desires to defer payment of fees until the time of redevelopment the property owner shall submit such request with this Agreement prior to first reading of the annexation ordinance Rates will be based on the fees current at the time of redevelopment iv Provide a written description of any nonconforming use or structure existing on each Property if any V Submit individual warranty deeds for each individual property owner dedicating new right of way as required by Exhibit E vi Submit legal descriptions in a form acceptable to the Director of Public Works for any right of way to be vacated pursuant to this Agreement b Regarding interests in the Silver Lake Reservoir and Ditch Company the Applicant shall i Prior to first reading of the annexation ordinance sell to the City at its fair market value any and all water and ditch rights except for rights associated with wells available for use on each Property including all shares in the Silver Lake Reservoir and Ditch Company Applicant shall abandon and transfer to the City all shares of the Silver Lake Reservoir and Ditch Company associated with the Property at the price of 2500 per share or ii Execute an agreement to abide by the outcome of the pending negotiations and mediation between the City and the Silver Lake Reservoir and Ditch Company The Applicant shall then execute all documents required to be a party to such an outcome within 30 days after a request by the City In the event that the City declares an impasse in the negotiations and mediation if the Applicant fails to join in the outcome of the negotiation and mediation or at the Applicants discretion the Applicant shall sell said shares to the City as provided above within 30 days of a request by the City 4 City Responsible for Construction of Water and Sewer Utilities on Upland and Violet and Detached Sidewalk on the North Side of Upland Avenue The Applicant agrees that water and sewer main improvements and the detached sidewalk on the north side of Upland Avenue will provide a special benefit to the Property The City will initially fund installation of the water and sewer mains Each Applicant is required to comply with the following a The Applicant agrees to 3 ATTACHMENT D Agenda Item 4D Page 9 of 62 i Pay when billed its proportionate share of the cost of such improvements or ii Enter into a repayment agreement with the City and pay its proportionate share of the City utility improvements The repayment amount will be based on each property frontage on the improvements and the actual construction costs incurred by the City The repayment plan will require ten 10 equal annual payments over a ten 10 year period at an annual interest rate of Five and a half 55 percent Payments will begin one 1 year after the date of connection to City water andor sewer Full repayment of an individual landowners share of the costs shall occur within thirty 30 days prior to the recording a final plat for subdivision or sale of the Property iii Accept and acknowledge that the existing Upland Avenue drainage facilities and street sections are not and will not meet the rural residential street standards in City of Boulder Design and Construction Standards once the utility installation detached sidewalk construction and street restoration are completed b In the alternative to paragraph 4a above if the City determines that it is appropriate to create a local improvement district for the purpose of assessing the costs of the abovereferenced public improvements the Applicant agrees to 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 a district 5 Water and Sewer Connection Requirements Within 90 days of the installation of water and sewer stubs by the City to each property the Applicant agrees to perform the following as is applicable to each Property a Connect all existing structures to the Citys water and sewer system as required by the Boulder Revised Code b Submit an application that meets the requirements of Chapters 111 Water Utility and 112 Wastewater Utility BRC 1981 and obtain City approval to connect to the Citys water and sewer mains C The Applicant is responsible for all costs and installation associated with the connection of a service line from the utility mains to the building d The property owners 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 prior to connection to the Citys water or sewer system The property owners shall be subject to the Water and Wastewater Plant Investment Fees effective January 5 2009 for dwelling units in existence at time of annexation if connection is made prior to December 31 2010 4 ATTACHMENT D Agenda Item 4D Page 10 of 62 e Notwithstanding the provisions of this section 2135 Upland Ave may defer connection the city sanitary sewer utility until such time as the septic system fails or when the property redevelops The Property owner of 2135 Upland agrees to pay such connection plant investment fees and other fees at the rates in place at the time of connection to the Citys waste water utility 6 Septic System Abandonment Upon connection to the Citys sewer system each Property Owner shall abandon the existing septic system in accordance with Boulder County Health Department and State of Colorado regulations 7 Floor Area Ratios The parties agree that nothing in this Agreement shall be construed as any type of waiver of any regulations adopted or associated with the Citys pending study regarding Compatible Development in Single Family Neighborhoods 8 Calculating Density N Areas dedicated as rightofway by a Property Owner to serve as area for new streets shared drainage ponds emergency or pedestrian connections may be included in the overall lot size for the purposes of calculating density by such Property Owner b At the time of redevelopment the Property shall be developed and planned to accommodate the maximum practical density that is consistent with the zoning Subdivision of the Property may not reduce the density below that allowed by the Propertys square footage 9 Dcsign Guidelines The Applicant agrees that the following design guidelines will be aplhed to each Property a Front doors and front yards shall face the street b Garages shall be alley loaded where an alley exists or is proposed Where alleys do not exist structures should be designed so that garage doors do not dominate the frcnt facade of the building Garage doors shall be located no less than 20 feet behind the principal plane of the building C Properties located at 2105 2125 2155 Upland Ave may reduce the front yard setback of the rear lots that front Vine St from 25 feet to 15 feet to accommodate an offset in the Vine Street design If a straight road alignment is proposed for Vine St subsequent to annexation but before building permits for structures are obtained the required front yard setback shall meet the requirements of the zone district 10 Requirements Prior to Subdivision At the time of applying for the first subdivision of each Property the individual property owner shall be eligible to pay the minor subdivision application fee Any group subdivision application involving more than one property thereafter shall pay the fee prescribed in the Boulder Revised Code for the application type 5 ATTACHMENT D Agenda Item 4D Page 11 of 62 II Requirements Prior to Redevelopment for 1937 2005 2075 2125 2135 and 2155 Upland Ave Each Property generally described as 1937 2005 2075 2125 2135 and 2155 Upland Ave has specific requirements that will need to be satisfied prior to redevelopment as shown on Exhibit B 12 Requirements Prior to Redevelopment for RL portion of 1938 1960 2066 and 2114 Violet Ave Subdivision Requirements Each Property generally described as 1938 1960 2066 and 2114 Violet Ave has specific requirements that will need to be satisfied prior to redevelopment as shown on Exhibit B Upon subdivision a Property Owner may develop two units accessed directly from Vine Street without constructing the alley or North 20 Street as required by the redevelopment requirements shown in Exhibit C In the event a Local Improvement District is formed and the alley is installed prior to construction access is to be taken from the alley 13 Requirements Prior to Redevelopment for RM portion of 1938 1960 2066 and 2114 Violet Ave Subdivision Requirements Each Property generally described as 1938 1960 2066 and 2114 Violet Ave has specific requirements that will need to be satisfied prior to redevelopment as shown on Exhibits B and C 14 Requirements Prior to Redevelopment for 2010 2090 2130 and 2160 Upland Ave Each Property generally described as 2010 2090 2130 and 2160 Upland Ave has specific requirements that will need to be satisfied prior to redevelopment as shown on Exhibit D 15 Existing Nonconforming Uses Existing legal nonconforming uses will be allowed to continue to be operated in the City of Boulder as legal nonconforming uses and to be modified and expanded under the provisions of Chapter 910 NonConformance Standards BRC 1981 as that section may be amended from time to time The only nonconforming uses that will be recognized by the City will be those reported to the City pursuant to Paragraph 2 of this Annexation Agreement 16 Rental Property Requirements Any Property that is used as rental property at the time of annexation shall be brought into compliance with Chapter 103 Rental Licenses BRC 1981 within 90 days of the effective date of the annexation ordinance 17 Existing Wells The City agrees that it will not prohibit Property Owners from using existing wells for irrigation purposes Under no circumstances may existing wells be used for domestic water purposes No person shall make any cross connections to the Citys municipal water supply system 6 ATTACHMENT D Agenda Item 4D Page 12 of 62 18 Lease of Ditch Shares The Property Owners selling abandoning or transferring ditch rights pursuant to Paragraph 2bi 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 Citys discretion and may be communicated to the Property Owner by April 15th of any year in which the City has been properly notified of a desire to lease water 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 tern of the water lease d No future leasing of the water to the Property Owner will 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 will occur following subdivision or redevelopment of the property subject to the lease 19 Ditch Lateral Property Owners shall not relocate modify or alter the ditch or lateral vithout obtaining any necessary approvals from ditch companies or lateral users or through judicial approval 20 1ennanently Affordable Housing The Applicant agrees that the following requirements shall apply to the Property and that no additional dwelling units shall be approved for any individual parcel unless the following requirements have been met a Required Documents and Payments Prior to the application of a building permit for any newly constructed dwelling unit on the Property the applicant shall provide the following to the city manager i Covenants or deed restrictions in a form acceptable to the city manager to secure the permanent affordability of dwelling units shall be signed and recorded with the Boulder County Clerk and Recorder prior to application for any residential building permit ii Any applicable cashinlieu of permanently affordable housing payments The city manager may delay such payments to a time prior to the issuance of such building pennit 7 ATTACHMENT D Agenda Item 4D Page 13 of 62 b Properties with RM Zoning RM portions of each property generally described as 1938 1960 2066 and 2114 Violet Ave shall provide 50 of the total newly constructed dwelling units as permanently affordable No permanently affordable units shall be accepted until the location size type fixtures finish and other features are approved by the city manager The distribution of unit types for the permanently affordable units shall reflect the distribution of the market rate unit types The city manager is permitted at the managers sole discretion to accept alternate distributions and locations of permanently affordable units if such alternatives result in additional pennanently affordable housing benefits to the City The following conditions shall apply i At least twentyfive percent 25 of any newly constructed dwelling units on the Property shall be permanently affordable consistent with Chapter 913 Inclusionary Zoning BRC 1981 If a fraction results from multiplying twentyfive percent 25 times the total number of permitted new dwelling units on the Property the total number of such permanently affordable units shall be rounded up to the nearest whole number ii At least twentyfive percent 25 of any newly constructed dwelling units on the Property shall be permanently affordable to middle income households consistent with the following A Detached single family units shall be permanently affordable to households earning between the Department of Housing and Urban Developments HUD Low Income Limit for the City of Boulder and 40 more than the HUD Low Income Limit for and shall be distributed such that the average price of the single family detached units is based upon a household income that is 30 more than the HUD Low Income Limit B Duplex or townhome style units shall be permanently affordable to households earning between the HUD Low Income Limit and 30 more than the HUD Low Income Limit for and distributed such that the average price of the duplex or townhome style units is based upon a household income that is 25 more than the HUD Low Income Limit C A permanently affordable middle income dwelling unit shall be either a detached dwelling unit duplex unit or townhouse unit D If a fraction results from multiplying twentyfive percent 25 times the total number of permitted new dwelling units on the Property the total number of required middle income permanently affordable dwelling units shall be rounded down to the nearest whole number 8 ATTACHMENT D Agenda Item 4D Page 14 of 62 C Properties with RL and RE Zoning Each property generally described as 1937 Upland Ave 2005 Upland Ave 2010 Upland Ave 2075 Upland Ave 2090 Upland Ave 2125 Upland Ave 2130 Upland Ave 2135 Upland Ave 2155 Upland Ave 2160 Upland Ave and RL portions of each property generally described as 1938 1960 2066 and 2114 Violet Ave shall pay a cashinlieu of permanently affordable housing for each newly constructed dwelling unit on the Property The payment will be a percentage of the cashinlieu payment required by the Citys inclusionary zoning program or an equivalent amount determined by the city manager at the time of building permit application The payment amount will be based upon the total floor area of the dwelling unit as follows i 2499 square feet or less of floor area the cashinlieu payment shall be equal to that required by Chapter 913 BRC 1981 ii 2500 square feet to 3499 square feet of floor area the cashinlieu payment shall be 50 more required by Chapter 913 BRC 1981 iii 3500 square feet to 3999 square feet of floor area the cashinlieu payment shall be 100 more than that required by Chapter 913 BRC 1981 iv 4000 square feet to 4499 square feet of floor area the cashinlieu payment shall be 150 more than that required by Chapter 913 BRC 1981 v 4500 square feet to 4999 square feet of floor area the cashinlieu payment shall be 200 more than that required by Chapter 913 BRC 1981 vi 5000 square feet to 5499 square feet of floor area the cashinlieu payment shall be 250 more than that required by Chapter 913 BRC 1981 and vii 5500 square feet of floor area or greater the cashinlieu payment shall be 300 more than that required by Chapter 913 BRC 1981 d Exceptions Bonuses and Alternatives i Energy Efficient Homes Newly constructed dwelling units that have a Home Energy Rating System HERS rating of 0 zero and which incur a cashinlieu of permanently affordable housing payment may have that cashinlieu payment reduced by fifty percent 50 ii Current Owner Occupants The following conditions apply to the following existing Property Owners that are owneroccupying an existing dwelling unit on the following Properties 1938 Violet Ave 2075 Upland Ave 2125 Upland Ave 2135 Upland Ave 2010 Upland Ave 2130 Upland Ave and 2160 Upland Ave Each such property owner may use one of the provisions below one time only A An existing property owner occupant whose household income does not exceed forty 40 percentage points more than the US Department of Housing and Urban Developments HUD Low Income Limit for the City 9 ATTACHMENT D Agenda Item 4D Page 15 of 62 of Boulder may construct and occupy a deed restricted permanently affordable dwelling unit constructed under this Agreement B An existing property owner occupant who converts an existing dwelling unit to a newly constructed dwelling unit and owneroccupies the converted dwelling unit for at least one year following the final inspection for that unit shall be exempt from the requirements for a newly constructed dwelling unit in this Agreement C An existing property owner occupant who owns constructs and owner occupies a newly constructed dwelling unit that is subject to a cashinlieu of permanently affordable housing payment may defer that payment for a period of time not to exceed ten years or until the title to the property is transferred whichever is less This deferred payment shall be secured by a deed of trust and promissory note with an interest rate equal to the average of the past increases in the cashinlieu amounts as determined per Chapter 913 Inclusionary Zoning BRC 1981 iii Density Bonus for Permanently Affordable Dwelling Units A duplex dwelling unit shall be permitted on an RL zoned parcel where only one dwelling unit would be allowed as long as one of the duplex dwelling units is permanently affordable to low income households as defined above and the second duplex dwelling unit is permanently affordable to middle income households as defined above If such permanently affordable units are to be rented the Applicant agrees to execute any agreements necessary to have rent controlled units that meet state law requirements prior to the rental of such units or an application for a rental license iv Conversion of Middle Income Permanently Affordable Units On an RM zoned parcel on the Property where two 2 middle income permanently affordable dwelling units would be required a property owner may substitute one time only a single permanently affordable low income single family detached dwelling unit for two permanently affordable middle income dwelling units v Concurrent Construction On an RM zoned parcel on the Property the first newly constructed dwelling unit may be a market rate dwelling unit Thereafter the second newly constructed dwelling unit shall be a permanently affordable dwelling unit and all subsequent permanently affordable dwelling units shall be constructed concurrently with the market rate dwelling units 10 ATTACHMENT D Agenda Item 4D Page 16 of 62 e Standard Conditions i Any permanently affordable units produced under this Agreement may not be used to satisfy other permanently affordable housing requirements located on property other than the Property ii Permanently affordable dwelling units shall be constructed at least concurrently with the market rate dwelling units except as described in paragraph 18dv above iii Any newly constructed dwelling unit produced under this Agreement and subject to a cashinlieu of permanently affordable housing payment that is constructed with less than 5500 square feet of floor area and subsequently increases the original floor area shall be subject to a cashinlieu of permanently affordable housing payment that is equal to the difference between the previous cashinlieu payment and the applicable cashinlieu payment for the new total floor area of the dwelling unit 21 Deeds other Documents and Public Improvements All deeds and other documents that are required 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 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 22 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 n 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 Citys legislative governmental or police powers to promote and protect the health safety and general welfare of the City or its inhabitants 23 Conveyance 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 24 Waiver of Vested Rights 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 Citys Zi ATTACHMENT D Agenda Item 4D Page 17 of 62 police powers or the power to zone and regulate land uses for the benefit of the general public 25 Binding Agreement If an individual 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 the respective property within the Crestview East Addition No IA Annexation until the breaches have been cured This remedy is in addition to all other remedies available to the City at law and equity 26 Breach of Agreement In the event that the Property Owner breaches or fails to perform any required action under or fails to pay any fee specified under the Covenants of this Annexation Agreement the Property Owner 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 Property Owner fails to pay any monies due under this Annexation Agreement or fails to perform any affirmative obligation hereunder the Property Owner agrees that the City may collect the monies due in the manner provided for in Section 2212 City Manager May Certify Taxes Charges and Assessments to County Treasurer for Collection BRC 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 Property Owner and collect its costs in the manner herein provided The Property Owner agrees to waive any rights he may have under Section 3120105 CRS based on the Citys 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 27 Future Interests 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 thereof 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 sixtyfour days 28 Annual Appropriations The Citys financial obligations under this Agreement in future fiscal years are subject to annual appropriation by the Boulder City Council in accordance with Colorado law 29 Right to Withdraw A Property Owner retains the right to withdraw from this Agreement up until the time that final legislative action has been taken on the ordinance that will cause the Property to be annexed into the City The final legislative action will be the vote of the City Council after the final reading of the annexation ordinance The Property Owners right to withdraw shall terminate upon the City Councils final legislative action approving the annexation If one or more Property Owner withdraws from this Annexation the city manager may in the discretion of the Boulder City Council terminate annexation proceedings on this Annexation In the event that a Property Owner withdraws from this Agreement in the manner described above this Agreement shall be null and void and shall have no effect regarding such Property Owner The City agrees within thirty 30 days of 12 ATTACHMENT D Agenda Item 4D Page 18 of 62 a request by a Property Owner after a withdrawal to return all previously submitted stormwaterflood management PIF NCWCD fees and application and easement andor rights of way dedication documents which the Property Owner submitted pursuant to this Agreement to the Property Owner 30 The Parties agree to fully execute any and all documents necessary to accomplish the annexation of the Properties set forth in this Agreement including but not limited to deeds of vacation deeds of dedication of rights of way and grants of easements All such documents shall be executed within thirty 30 days of the effective date of the annexation ordinance EXECUTED on the day and year first above written SIGNATURE PAGES FOLLOW CITY OF BOULDER COLORADO Bkl5 Q City Manager v City Clerk on be If o t e Director of Finance and Record Approved as to form City Attorney Dated 17e 7 01 Exhibits Exhibit A Legal Descriptions ExhibitB Redevelopment Improvements for Properties on North Side of Upland Ave and the RL Zoned Portions Properties on the South Side of Violet Ave Exhibit C Redevelopment Improvements for RM Properties on South Side of Violet Ave Exhibit D Redevelopment Improvements for Properties on South Side of Upland Ave Exhibit E Additional Dedication Improvements and Requirements for Individual Lots Prior to Annexation 13 ATTACHMENT D Agenda Item 4D Page 19 of 62 OWNE R 1938 Violet Ave J BY X rika C BemykalterGBeAA1iE State of Colorado ss County of Boulder e oregoing instrument was acknowledged before me this day of 200 by Walter G Bemyk and Enka C Bemyk Witness my Hand and Seal My Commission Expires lb a ENNIFER KKZUUIKER NOTARY PUBLIC STATE OF COLORADO MY COMMISSION EXPIRES 511M2013 Notary ubh 14 ATTACHMENT D Agenda Item 4D Page 20 of 62 OWNERS 1960 Violet Ave 1960 Violet LLC a Colorado limited liability corporation BY Gary Calderon Title i Z 1970 Violet LLC a Colorado Limited Liability Corporation arkV Young Title State of Colorado ss County of Boulder The regoing instrument was acknowledged before me this a day of 200 by L4cconi as na for the 1960 Violet Corporation a Colorado limited liability corporation and vG Ilo xi as jgy4rL for the 1970 Violet Corporation a Colorado limited liability corporation Witness my Hand and Seal My Commission Expires 7 aS3 Seal A Notary Public c4e 15 ATTACHMENT D Agenda Item 4D Page 21 of 62 OWNER 2066 Violet Ave BYyt Michael Marez as Tru e f e Toby J Marez Revocable Trust State of Colorado ss County of Boulder The foregoing instrument was acknowledged before me this q day of CYjj 200 l by Michael Marez Trustee for the Toby J Marez Revocable Trust Witness my Hand and Seal My Commission Expires q 25 201 D Seal Notary Public NpRpRy pusuC r w sv ys w10 16 ATTACHMENT D Agenda Item 4D Page 22 of 62 OWNER 2114 Violet Ave B Bs m ro State of Colorado ss County of Boulder The foregoing instrument was acknowledged before me this day of 200 by Betsy Imig Broyles Witness my Hand and Seal d tiN rayEfSMyCommissionExpiresDo OTAo t s Seal NV o f C6 a My Rant xraP114 17 ATTACHMENT D Agenda Item 4D Page 23 of 62 OWNER 11937 Upland Ave BY Xitiv W Christine Foley Adams State of Colorado ss County of Boulder Th fore oing instrument was acknowledged before me this day of 2009 by Christine Foley Adams Witness my Hand and Se 1 I My Commission Expires t7 A W 17 r x Notary Public is ATTACHMENT D Agenda Item 4D Page 24 of 62 OWNER 2005 Upland Ave BY G oward Calderon State of Colorado ss County of Boulder The re oing instrument was acknowledged before me this day of 200 by Gary Howard Calderon Witness my Hand and Seal My Commission Expires S ZtJI j Seal Notary ublic WAitY RUC ACq 2S 2013Vkft 19 ATTACHMENT D Agenda Item 4D Page 25 of 62 OWNER 2075 Upland Ave BY J M rzel State of Co rado ss County of Boulder T e f reg ng instrument was acknowledged before me this V day of 200L by Jan Morzel Witness my Hand and Seal My Commission Expires a4 tQ a a 1 Seal VEY yv pTAp pro k i Z Notary Public OF COQ 20 ATTACHMENT D Agenda Item 4D Page 26 of 62 OWNER 2 and Ave B Robert D echt Joan E Kn cht State of Colora ss County of Boulder The f egojng instrument was acknowledged before me this Z day of 200q by Robert D Knecht and Joan E Knecht Witness my Hand and Seal c My Commission Expires Seal rr Notary Public WN 2570 3 21 ATTACHMENT D Agenda Item 4D Page 27 of 62 OWNER 2155 Upland Ave BY Rodrigo B Moraga Shari Moraga State of Colorado ss Comity of Boulder The foregoin instrument was acknowledged before me this day of 1U 200 by Rodrigo B Moraga and Shari Moraga 01 Witness my Hand and Seal My Commission Expires J Seal Otis Notary Public 11p9I1111111111111111 sueia 22 ATTACHMENT D Agenda Item 4D Page 28 of 62 OWNER 2135 Upland Ave BYE Andrew J Malkiel Maryrg Mal cie State of Colorado ss County of Boulder Th ore oin instrument was acknowledged before me this day of 200q by Andrew J Malkiel and Mary Berg Malkiel Witness my Hand and Seal My Commission Expires Seal Notary Public J h 23 ATTACHMENT D Agenda Item 4D Page 29 of 62 OWNER 2010 Upland Ave BY Ellen A Stark Anne Hockmeyer State of Colorado ss County of Boulder The foregoing instrument was acknowledged before me this 2 day of SPpf0jht 2009 by Ellen A Stark and Anne Hockmeyer Witness my Hand and Seal My Commission Expires 1 U Seal W Notary Public Vf 4 of 4 24 ATTACHMENT D Agenda Item 4D Page 30 of 62 OWNER 2090 Upland Ave c James G Eddleman Barbara K Eddleman State of Colorado ss County of Boulder The f regoing instrument was acknowledged before me this day of 200f by James G Eddleman and Barbara K Eddleman Witness my Hand and Seal My Commission Expires S ze 3 Seal NOTARY Notary P lic UC Mr Apq 25 2oi 25 ATTACHMENT D Agenda Item 4D Page 31 of 62 OWNER 21300 Upland Ave Rachel Cahn State of Colorado ss County of Boulder The foregoing instrument was acknowledged before me this day of 9pCm be i 200I by Rachel Cahn Witness my Hand and Seal My Commission Expires 9 25 2L v Seal Notary Public L NMARY PUBLIC sPt 2 2D1UWk 26 ATTACHMENT D Agenda Item 4D Page 32 of 62 OWNER 2160 Upland Ave ALBY Stephen D Ford Mar ret L Pilcher State of Colorado ss County of Boulder The re ping instrument was acknowledged before me this C day of 2007 by Stephen D Ford and Margaret L Pilcher Witness my Hand and Seal My Commission Expires Seal NOTARY N ary Public MJBUC Apo 25 Z0TIIe 27 ATTACHMENT D Agenda Item 4D Page 33 of 62 EXHIBIT A LEGAL DESCRIPTION Refer to the Legal Description on the Next two Pages 28 ATTACHMENT D Agenda Item 4D Page 34 of 62 EXHIBIT A LEGAL DESCRIPTION OF A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 18 TOWNSHIP 1 NORTH RANGE 70 WEST OF THE 6TH PM COUNTY OF BOULDER STATE OF COLORADO SHEET 1 OF 2 PARCEL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 18 TOWNSHIP 1 NORTH RANGE 70 WEST OF THE 6TH PM BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS CONSIDERING THE NORTHSOUTH CENTERLINE OF SAID SECTION 18 TO BEAR NORTH 000530 EAST WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO COMMENCING AT THE CENTER 14 CORNER OF SAID SECTION 18 THENCE ALONG SAID NORTHSOUTH CENTERLINE NORTH 000530 EAST A DISTANCE OF 130224 FEET THENCE DEPARTING SAID LINE NORTH 895300 EAST A DISTANCE OF 3000 FEET TO THE NORTHWEST CORNER OF THE PROPERTY DESCRIBED IN DOCUMENT RECORDED AT REC NO 1005904 IN THE RECORDS OF BOULDER COUNTY SAID POINT ALSO BEING ON THE SOUTH RIGHTOFWAY LINE OF VIOLET AVENUE SAID POINT ALSO BEING THE POINT OF BEGINNING THENCE ALONG SAID SOUTH RIGHTOFWAY LINE NORTH 895300 EAST A DISTANCE OF 58070 FEET TO THE NORTHEAST CORNER OF PROPERTY DESCRIBED IN DOCUMENT RECORDED AT REC NO 059876 IN THE RECORDS OF BOULDER COUNTY THENCE ALONG THE EASTERLY LINE OF SAID PROPERTY SOUTH 000340 WEST A DISTANCE OF 1040 FEET TO THE NORTHWEST CORNER OF PROPERTY DESCRIBED IN DOCUMENT RECORDED AT REC NO 059876 IN THE RECORDS OF BOULDER COUNTY THENCE ALONG THE NORTH LINE OF SAID PROPERTY NORTH 895300 EAST A DISTANCE OF 14000 FEET TO THE NORTHEAST CORNER OF SAID PROPERTY THENCE ALONG THE EAST LINE OF SAID PROPERTY SOUTH 000340 WEST A DISTANCE OF 26195 FEET TO A POINT ON THE SOUTH LINE OF THAT PROPERTY DESCRIBED IN DOCUMENT RECORDED AT REC NO 668732 IN THE RECORDS OF BOULDER COUNTY THENCE ALONG SAID SOUTH LINE NORTH 895144 EAST A DISTANCE OF 13993 FEET TO A POINT ON THE WEST LINE OF THAT PROPERTY DESCRIBED IN DOCUMENT RECORDED AT REC NO 2830344 IN THE RECORDS OF BOULDER COUNTY THENCE ALONG SAID WEST LINE SOUTH 000430 WEST A DISTANCE OF 3033 FEET TO THE SOUTHWEST CORNER OF SAID PROPERTY THENCE ALONG THE SOUTH LINE OF SAID PROPERTY NORTH 895119 EAST A DISTANCE OF 27911 FEET TO THE NORTHEAST CORNER OF THAT PROPERTY DESCRIBED IN DOCUMENT RECORDED AT REC NO 2791386 THENCE ALONG THE EAST LINE OF SAID PROPERTY SOUTH 000341 WEST A DISTANCE OF 33099 FEET TO A POINT ON THE CENTERLINE OF UPLAND AVENUE THENCE ALONG SAID CENTERLINE SOUTH 895000 WEST A DISTANCE OF 14000 FEET TO A POINT ON THE EAST LINE EXTENDED OF THAT PROPERTY DESCRIBED IN DOCUMENT RECORDED AT REC NO 610371 IN THE RECORDS OF BOULDER COUNTY THENCE ALONG SAID EAST LINE EXTENDED AND SAID EAST LINE SOUTH 000340 WEST A DISTANCE OF 31800 FEET TO THE CENTERLINE OF TAMARACK AVENUE THENCE ALONG SAID CENTERLINE SOUTH 895000 WEST A DISTANCE OF 28000 FEET TO A POINT ON THE WEST LINE EXTENDED OF THAT PROPERTY DESCRIBED IN DOCUMENT RECORDED AT REC NO 2130866 THENCE ALONG SAID WEST LINE EXTENDED AND SAID WEST LINE NORTH 000340 EAST A DISTANCE OF 25800 FEET TO A POINT ON THE SOUTH RIGHTOFWAY LINE OF UPLAND AVENUE THENCE ALONG SAID RIGHTOFWAY SOUTH 895000 WEST A DISTANCE OF 14000 FEET TO A POINT ON THE EAST LINE EXTENDED OF THAT PROPERTY DESCRIBED IN DOCUMENT RECORDED ON FILM NO 0817 AT REC NO 065713 IN THE RECORDS OF BOULDER COUNTY THENCE ALONG SAID EAST LINE EXTENDED AND SAID EAST LINE SOUTH 000340 WEST A DISTANCE OF 25800 FEET TO THE SOUTHEAST CORNER OF SAID PROPERTY SAID POINT ALSO BEING A POINT ON THE CENTERLINE OF TAMARACK AVENUE THENCE ALONG SAID CENTERLINE SOUTH 895000 WEST A DISTANCE OF 28000 FEET TO THE SOUTHWEST CORNER OF THAT PROPERTY DESCRIBED IN DOCUMENT RECORDED ON FILM NO 1318 AT REC NO 643030 IN THE RECORDS OF BOULDER COUNTY THENCE ALONG THE WEST LINE AND WEST LINE EXTENDED OF SAID PROPERTY NORTH 000340 EAST A DISTANCE OF 34800 FEET TO A POINT ON THE NORTH RIGHTOFWAY LINE OF UPLAND AVENUE Flatirons Inc SarveyIng Engineering Geomalas 3825 IRIS A6NC 00 655 FOURTH ALENUE BOULDER Co 80301 LONGMONT CO 80501 W 303 4437001 PH O3 7617M REVISED 091409 FAX 303 u39M FAX wwwFla own ATTACHMENT D Agenda Item 4D Page 35 of 62 EXHIBIT A LEGAL DESCRIPTION OF A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 18 TOWNSHIP 1 NORTH RANGE 70 WEST OF THE 6TH PM COUNTY OF BOULDER STATE OF COLORADO SHEET 2 OF 2 PARCEL DESCRIPTION CONT SAID POINT ALSO BEING THE SOUTHEAST CORNER OF PROPERTY DESCRIBED IN DOCUMENT RECORDED AT REC NO 1301652 IN THE RECORDS OF BOULDER COUNTY THENCE ALONG THE SOUTH LINE OF SAID PROPERTY SOUTH 895000 WEST A DISTANCE OF 13935 FEET TO THE SOUTHWESTERLY MOST CORNER OF SAID PROPERTY THENCE ALONG A WESTERLY LINE OF SAID PROPERTY NORTH 001647 WEST A DISTANCE OF 20311 FEET TO A POINT ON A NORTHERLY LINE OF SAID PROPERTY THENCE ALONG SAID NORTHERLY LINE NORTH 891720 EAST A DISTANCE OF 3019 FEET TO A POINT ON A WESTERLY LINE OF SAID PROPERTY THENCE ALONG SAID WESTERLY LINE NORTH 001828 WEST A DISTANCE OF 10034 FEET TO A NORTHWESTERLY CORNER OF SAID PROPERTY SAID POINT ALSO BEING A SOUTHWESTERLY CORNER OF SAID PROPERTY DESCRIBED IN DOCUMENT RECORDED AT REC NO 1830871 IN THE RECORDS OF BOULDER COUNTY SAID POINT HEREIN DESCRIBED AS POINT A THENCE ALONG A WESTERLY LINE OF SAID PROPERTY NORTH 001937 WEST A DISTANCE OF 10002 FEET TO A POINT ON A SOUTHERLY LINE OF SAID PROPERTY THENCE ALONG SAID SOUTHERLY LINE AND THE SOUTHERLY LINE OF SAID PROPERTY DESCRIBED IN DOCUMENT RECORDED AT REC NO 1005904 SOUTH 895700 WEST A DISTANCE OF 18814 FEET TO A POINT ON THE EAST RIGHTOFWAY LINE OF NORTH 19TH STREET THENCE ALONG SAID RIGHTOFWAY NORTH 000530 EAST A DISTANCE OF 20033 FEET TO A POINT ON THE SOUTHERLY RIGHTOFWAY LINE OF VIOLET AVENUE SAID POINT ALSO BEING THE POINT OF BEGINNING EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND COMMENCING AT POINT A THENCE N895144E A DISTANCE OF 39101 FEET THENCE S0003400W A DISTANCE OF 2952 FEET TO A POINT BEING THE NORTHWEST CORNER OF THAT PROPERTY DESCRIBED IN DOCUMENT RECORDED AT RECEPTION NO 1301950 SAID POINT BEING THE POINT OF BEGINNING THENCE ALONG THE WEST LINE OF SAID PROPERTY S000340W A DISTANCE OF 27253 FEET THENCE ALONG THE NORTH RIGHTOFWAY LINE OF UPLAND STREET N895000E A DISTANCE OF 14000 FEET TO A POINT ON THE EAST LINE OF THE PROPERTY DESCRIBED IN DOCUMENT RECORDED AT REC NO 1301950 THENCE NOOb340E ALONG SAID EAST LINE A DISTANCE OF 27246 FEET TO THE NORTHEAST CORNER OF SAID PROPERTY THENCE ALONG THE NORTH LINE OF SAID PROPERTY S895144W A DISTANCE OF 14000 FEET TO THE NORTHWEST CORNER OF SAID PROPERTY THE POINT OF BEGINNING SAID PARCEL CONTAINS A NET AREA OF 631759 SO FT OR 1450 ACRES MORE OR LESS 1 JOHN B GUYTON A LICENSED LAND SURVEYOR IN THE STATE OF COLORADO DO HEREBY STATE FOR AND ON BEHALF OF FLATIRONS INC THAT THIS PARCEL DESCRIPTION WAS PREPARED BY ME OR UNDER MY RESPONSIBLE CHARGE AT THE REQUEST OF THE CLIENT AND IS NOT INTENDED TO REPRESENT A MONUMENTED LAND SURVEY OR SUBDIVIDE LAND IN VIOLATION OF STATE STATUTE Fladrons Inc et Geamas J625 RlS AVE00 653 F01M7H AVENUE 0BOULDERCO101N10N7C 60501 PH 30J IIJ7001 P0 JOJ 776173J REVISED 091409 FAZ 6w3 wi9aw FAX 303 7764M www can ATTACHMENT D Agenda Item 4D Page 36 of 62 EXHIBIT B Redevelopment Improvements for Properties on North Side of Upland Ave and South Side of Violet Ave 1 Vine St to be constructed as a 22 foot wide pavement section and a 5 foot wide sidewalk on the north side 2 Any drainage and utility improvements as necessary to meet City standards 3 Install a 12 foot wide concrete multiuse path and fire access lane in the existing 20 foot wide rightofway located on the west side of 2145 Upland Ave Refer to Exhibit B Map on Next Page 29 ATTACHMENT D Agenda Item 4D Page 37 of 62 Exhibit B Redevelopment Improvements for Properties on the North Side of Upland Ave and RL Zoned Portions of Properties on the South Side of Vine St Violet Ave Any drainage or utility improvements JasnecessarytomeetCityStandards 1914 936 1960 2066 2114 2020LunaBeniCalderonHigbeeImigPellochoud 21 NdYmO Vine Street Improvement 22 ft wide pavement section and a N 5 ft wide sidewalk on the north site N VineStIRG 12 path located f1 within a 20 easement 46 2005 2135 2145 U 1917 937 Calderon 2075 2105 2125 2155 Malkiel Naumann Adams Morzel Rea Knecht Small Naumann it r Upland Ave 4306 Dean 2600200209021102130PilchedFord LegendoEddlemanHasenackCahn3rStark Detachetl Sidewalk P P 4220 12 Multi Use Path Fire Access o Schuman Vine Street Improvement APf Annexation Parcels Tamarack Ave City Limits Location Crestview Area Neighborhood City of Project Name Crestview East Addition 2 Boulder t Review Type Annexation Initial Zoning NORTH rneinformation mpaeeothis mewapmxaes m erepnmy reprmersarun enh me ury a eouuer pmraes no wren expresses or implai se w Review Number LUR200800080 eeresoarrollorn aene0 epmsr 1 inch 183 feet mnreree nerep ATTACHMENT D Agenda Item 4D Page 38 of 62 EXHIBIT C Redevelopment Improvements for RM zoned portions of Properties on South Side of Violet Ave 1 A 5 foot bike lane beyond the existing 11 foot eastbound travel lane 2 foot curb and gutter 8 foot landscape buffer and 6 foot wide sidewalk on the south side of Violet Ave for the entire frontage 2 12 foot wide alley between Violet and Upland Avenue 3 North 20 St to be constructed as an access street per City standards Table 212 Design Construction Standards with 5 foot wide sidewalks 4 Any drainage and utility improvements as necessary to meet City standards Refer to Exhibit C Map on Next Page 31 ATTACHMENT D Agenda Item 4D Page 39 of 62 Exhibit C Redevelopment Improvements for RIM Zoned Properties on the South Side of Violet Ave Violet Street Improvement A 5 ft wide bike lane south of the 16existing11fteastboundtravellane 2 foot curb and gutter 8 ft landscape buffer 6 foot wide sidewalk on the south side of Violet Ave North 20th Street Improvement with 5 sidewalk Access Street per City Standards io a ve Alley will be a 12 paved section within 1914 1938 1960 a 16 public access easement 2066 2114 f Luna Bemyk Calderon Higbee Imig Pellochoud 2180 V Naumann Q7 N r VineStROW 2005 2075 2105 2125 2155 2135 2145 Vine Street Improvement Calderon Morzel Rea Knecht Small Mallc l Naumann 22 ft wide pavement section and a 5 ft wide sidewalk on the north side Legend I Detached Sidewalk May 20thrUgIandtAlveL Street Improvement Violet Street Improvement 4306 Dean Utility and drainage improvements as D Annexation ParcelsAStark 2010 2090 2110 necessary to meet City Standards F City Limits Eddleman Hasena Location Crestview Area Neighborhood Civ of 11 Project Name Crestview East Addition 2 Boulder 4i Review Type Annexation Initial Zoning NORTH The mrmmzuom depided onam map a mwM gem hKa represemaho The chr of Booker poi es anent expressed orimpied sm Review Number LUR20080080 linch183 feet raneepersmmf m ATTACHMENT D Agenda Item 4D Page 40 of 62 EXHIBIT D Redevelopment Improvements for Properties on South Side of Upland Ave 1 Tamarack Avenue to be constructed as a 30foot wide and 60 foot wide rightofway as generally shown on the 1997 North Boulder Subcommunity Plan amendment to include a turnaround as generally shown on the attached exhibit map The 30 foot wide section must meet the access lane standard in 209D5 of the City of Boulder Design and Construction Standards including a turnaround and drainage improvements within the Tamarack Avenue right of way 2 A sewer main extension within Tamarack Avenue right of way from the existing sewer main near 22nd Street to the required turnaround on the western end of Tamarack Avenue 3 A fire hydrant and an extension of the existing water main near 22d Street in the Tamarack right of way to 19h Street 4 Any drainage and utility improvements as necessary to meet City standards 5 Construct north 20th Street upon annexation of 4270 19 St and dedication of the appropriate rightofway prior to subdivision Refer to Exhibit D Map on Next Page 33 ATTACHMENT D Agenda Item 4D Page 41 of 62 Exhibit D Redevelopment Improvements for Properties on the South Side of Upland Ave 1 1937 2005 2075 2105 2125 2155 2135 2145 C Adams Calderon Motel Rea Knecht Small Makiel Naumann 0 r U land Ave 2010 2090 2110 2130 2160 nStarkEddlemanHasenackCahnPilcherlfordLJ Approximate location of Turnaround I Sewer main extension to be built per City Standards N N as A 01 pppoaaa Flre Tamarack Ave Hydrant 2020 Water main extension Upland 30 ROW Width 4240 60 ROW Width 19th Cn F4aie 9 Legend Coyyob 9 Annexation Panels CeeF Utilities L Sewer Water Utility and drainage improvements as Tamarack Street Improvements necessary to meet City Standards City Limits Location Crestview East Neighborhood City or 4 Project Name Crestview East Addition 2 Boulder S Review Type AnnexationInitial Zoning NORTH tifiamaeaKned on ma is p renrad prepmw repraaapmnon NTM pukar proaaeo no wanamy ucreasan orimprw as to Review Number LUR200800080 finch200 feet ersor nM m ATTACHMENT D Agenda Item 4D Page 42 of 62 EXHIBIT E ADDITIONAL DEDICATIONS IMPROVEMENTS AND REQUIREMENTS PERTAINING TO INDIVIDUAL LOTS PRIOR TO ANNEXATION Dedication of the unannexed portion of Upland Ave to create a complete 60 foot wide right ofway between 19h St and 22d St In instances where path easements split property lines the first property redeveloping is required to escrow one half of the construction costs of the multiuse path The development of the second property shall be the trigger for path construction and that development shall use the escrowed monies and their own to construct the path 1937 Upland Ave 1 Dedicate the northern 20 feet of the Property as public rightofway for Vine Avenue 2 Pay a Storm Water and Flood Management Utility Plant Investment Fee for 1470 square feet 2005 Upland Ave 1 The City will vacate the southern 952 feet of unneeded Vine Avenue rightofway to Property 2 Pay a Storm Water and Flood Management Utility Plant Investment Fee for 2900 square feet 2010 Upland Ave 1 Pay a Storm Water and Flood Management Utility Plant Investment Fee for 3400 square feet 2 Dedicate the western 15 feet of the Property as public rightofway for the future North 201h Street 3 At the time of annexation whenl5 feet of right of way is obtained from property located 4270 19h Street a 30 foot access lane known as North 20h Street can be constructed between Tamarack and Upland Whichever property owner along the 30 foot wide North 20 Street access lane or Tamarack Ave first makes an application for subdivision that property owner will be responsible for constructing the 30 foot access lane when feasible and required by city staff andor regulations 4 2010 Upland Ave will be allowed to subdivide without North 201h Street if accessed from Tamarack In the event North 20i St is installed prior to subdivision of 2010 Upland Ave access will be taken from North 201h St 2075 Upland Ave 1 The City will vacate the southern 952 feet of unneeded Vine rightofway to Property 2 Pay a Storm Water and Flood Management Utility Plant Investment Fee for 4850 square feet 35 ATTACHMENT D Agenda Item 4D Page 43 of 62 Exhibit E 2090 Upland Ave 1 Pay a Storm Water and Flood Management Utility Plant Investment Fee for 3660 square feet 2125 Upland Ave 1 Dedicate the western 5 feet of the Property as a public access easement for a 5 foot wide concrete path to meander as necessary to preserve existing mature landscaping 2 Pay a Storm Water and Flood Management Utility Plant Investment Fee for 3450 square feet 3 If the property at 2020 Violet Ave annexes dedicates rightofway and realigns Vine Avenue to a straight alignment the southern 952 feet of Vine rightofway can be vacated and returned to the property through the administrative utility easement vacation process 2130 Upland Ave 1 Dedicate the western 5 feet of the Property as a public access easement for a 5 foot wide concrete path to meander as necessary to preserve existing mature landscaping 2 Pay a Storm Water and Flood Management Utility Plant Investment Fee for 2398 square feet 2135 Upland Ave 1 Pay a Storm Water and Flood Management Utility Plant Investment Fee for 2154 square feet 2 Dedicate the northern 20 feet of the Property as public rightofway for Vine Avenue 3 Connect to the City wastewater system at the property owneras expense prior to the issuance of an building permit not associated with wastewater connection or when the existing septic system fails whichever comes first 2155 Upland Ave 1 Pay a Storm Water and Flood Management Utility Plant Investment Fee for 2398 square feet 2 If the property at 2020 Violet Ave annexes dedicates rightofway and realigns Vine St to a straight alignment the southern 952 feet of Vine rightofway can be vacated and returned to the property through the administrative utility easement vacation process 2160 Upland Ave 1 Pay a Storm Water and Flood Management Utility Plant Investment Fee for 2610 square feet 1938 Violet Ave 1 Dedicate the southern 20 feet of the Property as public rightofway for Vine Avenue 2 Dedicate a 16 foot wide access easement running eastwest and northsouth through the Property as shown on the 1997 North Boulder Subcommunity Plan amendment for a future alley A dead end alley extending to the western property line with a 36 ATTACHMENT D Agenda Item 4D Page 44 of 62 Exhibit E turnaround meeting City standards its associated easement and no connection to Vine is acceptable as well 3 Pay a Storm Water and Flood Management Utility Plant Investment Fee for 3196 square feet 1960 Violet Ave 1 Vacate northern 952 feet of unneeded Vine St rightofway to property 2 Dedicate a 16 foot wide access easement running eastwest through the Property as shown on the 1997 North Boulder Subcommunity Plan amendment for a future alley 3 Dedicate the eastern 20 feet of the Property as rightofway for North 20h Street 4 Pay a Storm Water and Flood Management Utility Plant Investment Fee for 1950 square feet 2066 Violet Ave 1 The City will vacate the northern 952 feet of unneeded Vine rightofway to Property 2 Dedicate a 16 foot wide access easement running eastwest through the Property as shown on the 1997 North Boulder Subcommunity Plan amendment for a future alley 3 Dedicate the western 20 feet of the Property as rightofway for North 20h St 4 Pay a Storm Water and Flood Management Utility Plant Investment Fee for 2200 square feet 5 Pay a Development Excise Tax DET based on the existing development on the Property of 64380 2114 Violet Ave 1 Dedicate the southern 20 feet of the Property as public rightofway for Vine Avenue 2 The City will vacate the southern 10 feet of unneeded Violet Avenue rightofway to Property owner 3 Dedicate a 16 foot wide access easement running eastwest through the property as shown on the 1997 North Boulder Subcommunity Plan amendment for a future alley 4 Pay a Storm Water and Flood Management Utility Plant Investment Fee for 828 square feet 37 ATTACHMENT D Agenda Item 4D Page 45 of 62 ATTACHMENT E Agenda Item 4D Page 46 of 62 ATTACHMENT E Agenda Item 4D Page 47 of 62 ATTACHMENT E Agenda Item 4D Page 48 of 62 ATTACHMENT E Agenda Item 4D Page 49 of 62 ATTACHMENT E Agenda Item 4D Page 50 of 62 ATTACHMENT E Agenda Item 4D Page 51 of 62 ATTACHMENT E Agenda Item 4D Page 52 of 62 ATTACHMENT E Agenda Item 4D Page 53 of 62 ATTACHMENT E Agenda Item 4D Page 54 of 62 ATTACHMENT E Agenda Item 4D Page 55 of 62 ATTACHMENT E Agenda Item 4D Page 56 of 62 ATTACHMENT E Agenda Item 4D Page 57 of 62 ATTACHMENT E Agenda Item 4D Page 58 of 62 ATTACHMENT E Agenda Item 4D Page 59 of 62 ATTACHMENT E Agenda Item 4D Page 60 of 62 ATTACHMENT E Agenda Item 4D Page 61 of 62 ATTACHMENT E Agenda Item 4D Page 62 of 62