HomeMy WebLinkAbout09.05.19 PB Minutes CITY OF BOULDER
PLANNING BOARD ACTION MINUTES
September 5,2019
1777 Broadway, Council Chambers
A permanent set of these minutes and a tape recording (maintained for a period of seven years) are
retained in Central Records (telephone: 303-441-3043). Minutes and streaming audio are also available
on the web at: http://www.bouldercolorado.gov/
PLANNING BOARD MEMBERS PRESENT:
David Ensign
John Gerstle
Lupita Montoya
Sarah Silver
Peter Vitale
Harmon Zuckerman, Vice Chair
PLANNING BOARD MEMBERS ABSENT:
Bryan Bowen, Chair
STAFF PRESENT:
Charles Ferro, Development Review Manager
Hella Pannewig, Assistant City Attorney
Cindy Spence, Administrative Specialist III
Sloane Walbert, Senior Planner
David Thompson, Civil Engineer II /Transportation
Kurt Firnhaber, Director of Housing& Human Services
Crystal Launder, Housing Planner II
Christin Shepherd, Senior Civil Engineer
Katie Knapp, Engineering Project Manager
Gerrit Slatter, Principal Transportation Projects Engineer
Marina Lagrave, CEO of CLACE
1.CALL TO ORDER
Vice Chair, H. Zuckerman, declared a quorum at 6:04 p.m. and the following business was
conducted.
2.APPROVAL OF MINUTES
None to Approve.
3.PUBLIC PARTICIPATION
No one spoke.
4.DISCUSSION OF DISPOSITIONS,PLANNING BOARD CALL-UPS/CONTINUATIONS
A. CALL UP ITEM: 950 Regent Dr.; Floodplain Development Permit (FLD2019-00088);
Replacement of 19th Street Pedestrian Bridge over Boulder Creek. This decision may be called
up before Planning Board on or before September 11, 2019.
B. CALL UP ITEM: 1855 Folsom St.; Floodplain Development Permit (FLD2018-00039); Channel
Work in the North Boulder Farmers Ditch. This decision may be called up before Planning
Board on or before September 5, 2019.
C. CALL UP ITEM: 1953 Poplar Lane; Floodplain Development Permit (FLD2019-00129); New
wood fence in the High Hazard zone of Wonderland Creek. This decision may be called up
before Planning Board on or before September 11th, 2019.
D. 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.
E. CALL UP ITEM: Boulder Transit Village Subdivision Replat `B' (TEC2019-00012): Final Plat
for a five-lot subdivision associated with the property commonly referred to as 30Pearl, located
at 2360 30th Street, 3001 Spruce Street, 3101 Spruce Street and 2261 Junction Place. The
subdivision includes a 0.57-acre property for use as a city-owned pocket park serving the area.
The call up period expires on September 10, 2019.
None of the items were called up.
5. PUBLIC HEARING ITEMS
A. AGENDA ITEM: Public hearing and consideration of the following requests related to a 6.3-acre
property at 4475 Broadway(Ponderosa Mobile Home Park):
1. Boulder Valley Comprehensive Plan(BVCP)land use map designation change from Manufactured
Housing and Open Space,Other to Medium Density Residential (#LUR2019-00014);
2. Recommendation on an application for Annexation of the property with an initial zoning of Residential
Medium—2 (RM-2)(#LUR2019-00016); and
3. Site Review for the phased installation of utility and transportation infrastructure and construction of 12
new residential units along the western edge of the property(currently vacant). The site review would
allow existing mobile homes to remain but would permit the replacement of mobile homes with fixed
foundation homes. The long-term concept(10+years)includes 73 permanently affordable residential
units on fixed foundations.New homes are proposed as primarily single-family and duplex homes,with
some carriage houses,triplexes, fourplexes, and townhomes(#LUR2019-00015).
B. Bowen recused himself
Staff Presentation:
C. Ferro introduced the item.
S. Walbert presented the item to the board.
Board Questions:
S. Walbert answered questions from the board.
Applicant Presentation:
Danica Powell,with Trestle Strategy Group, and K. Firnhaber,presented the item to the board.
Board Questions:
Danica Powell and K. Firnhaber, representing the applicant, answered questions from the board.
Public Hearing:
1) Ed Zick spoke in opposition to the proposed Cherry Avenue access point. He said it would be
too dangerous due to the presence of children. He stated that he is against closing the Broadway
access. He asked the city to not build detention ponds in the location of existing homes, which
would cause his sister Karen Cambell to relocate. He said that the development is currently
unsubsidized affordable housing and that he would not be able to afford a Habitat for Humanity
home.
2) Thomas Pickett thanked the board for working with the community and for allowing the
existing residents to stay. He expressed appreciation for the public process.
3) Charissa Poteet (pooling time with Karen Cambell) spoke in opposition of the project. She
stated that the proposal results in gentrification and displacement. She expressed concern that the
owners of existing mobile homes would not get the proper evaluation for their homes. She
requested a buffer from the Rosewood neighborhood and stated that the proposal for eleven
homes on the west side of the park would be too excessive. She handed out a petition signed by
neighbors in opposition to the annexation. She stated that she could not afford a Habitat home.
4) Michael Gluck spoke in opposition to the project. He said that since few residents could qualify
for the Habitat for Humanity homes, the proposal should have been shelved and deemed
unworkable and concentrate on improving the quality of life for the existing homeowners. He
said the west side of the property should be landscaped with trees to create a buffer zone between
the park and the Rosewood neighborhood. He stated that traffic would be an issue.
5) Kathy Schlereth spoke in opposition to the project. She claimed that the original plan with
resident support was for exclusively detached single-family homes and that she does not support
the new plan for a variety of housing types. People can't qualify for new homes and are leaving
the park. The closing of the Broadway entrance would create a bottleneck for the Foothills
Community at Violet and Broadway. She questioned if whether their homes would increase in
value once the park was annexed into the city.
6) Bernarda Ramirez (Victor Manuel Lemos Vargas spoke for her) spoke in support of the
project and the public process. She wanted to thank everyone for participating in the project.
7) Carlos Valdez spoke in support of the project. He asked all that are participating in the project to
provide support to the Latino community living in Ponderosa. The project will be a positive
change.
8) Victor Manuel Lemos Vargas (pooling time with Jose Contreras) spoke in support of the
project. He is one of the designated resident leaders and families are very positive regarding the
project. He asks City Council and other governing bodies to assist the existing residents in being
able to purchase the new homes being offered. He asks that the city not give priority to people
that are not a part of the Ponderosa community until they explore all possibilities for all existing
Ponderosa members to purchase homes inside the community. The Latino families are not
against the city project but he would like to keep the residents well-informed throughout the
project since misinformation has caused people to leave the park. The city and the rest of the
team have done a great job so far.
9) Estebah Alohso spoke in support of the project. He asked that he be allowed to stay in the
community and in the home they love.
10)Tina Boguhn stated that she was relieved to find out that pre-existing homes could remain in the
park and the terms are written into the annexation. She appreciates the hard work that has been
done but thinks additional scrutiny should be given to the proposal. She mentioned that some
homes are pre-HUD, therefore they are not up to code and could be an issue when trying to get a
permit for future work. She asked that this be looked at and reviewed. In addition, she is opposed
to any detention ponds that displace residents and asked that this part of the proposal be
reviewed.
11)Susan Lythgoe, Executive Director for Flatirons Habitat of Humanity, spoke in support of the
project. She has been impressed by the city and the inclusive public process. She explained the
application process for a new home on the property through Habitat for Humanity. All residents
Habitat has talked to would qualify for a fixed foundation home, with the exception. The one
exception was an undocumented resident and they have come up with a solution to allow that
resident to remain in a rental unit. Habitat is committed to the project.
Board Comments:
Key Issue#1: Does the project, on balance, meet the relevant goals and policies of the Boulder
Valley Comprehensive Plan?
• All board members agreed the project meets the relevant goals and policies of the BVCP.
• L. Montoya stated that the project is a prime opportunity to show our values for maintaining
diversity in the city and to serve the most vulnerable, who are well-served by spirit the BVCP.
• S. Silver asked questions of staff and expressed concerns about maintaining housing
affordability, especially for older residents.
• J. Gerstle asked staff about the estimated costs for residents who stay in the park and whether
building permits would be necessary for existing mobile homes.
Key Issues#2: Is the proposed annexation consistent with State statutes and BVCP policies,
including BVCP Policy 1.16, Annexation?
• All board members agreed the proposed annexation would be consistent with the state statues
and BVCP policies.
• D. Ensign appreciated the residents that came and spoke to the board. He reminded the residents
that the city is doing the best they can to meets the needs of the residents. The property has to
annex based on the failing utilities.
• H. Zuckerman stated that the property meets the definition of a county enclave and should be
aggressively pursued for annexation. He is in full support.
Key Issue#3: Does the proposed change to the BVCP land use map to Medium Density
Residential(MR) meet the applicable criteria?
• J. Gerstle said the request satisfies the criteria but the request was processed without the input of
the Open Space Board. This process should be changed for lands designated OS-0 in the future.
He said any change regarding an OS-0 designation should be done by the Open Space Board.
• S. Silver agreed with J. Gerstle because we should be protecting the wetlands and no structures
should be located in the wetland buffers. The request was not approved by the appropriate board.
• H. Zuckerman stated that he felt the review process was adequate. The OS-0 designation has a
history of being placed in odd areas. It would be a waste of the Open Space Board's time given
there is no value or park placed at this location. He concurs with the staff s analysis in the memo.
• All board members agreed that the proposed change to the BVCP land use map to MR meets
applicable criteria. In addition, the board agreed that this project would not have significant
cross jurisdictional impacts that may affect residents properties outside the city; would not
materially affect the land use and growth projections that were the basis of the BVCP; does not
affect the urban facilities in the area; does not affect the CIP program; and does not affect Area II
or Area III boundaries of the BVCP.
Key Issue#4: Is the proposed zoning of RM-2 appropriate for the site considering the context of
the surrounding area?
• L. Montoya expressed concerns about the recommended zoning and if the housing choices
included were appropriate.
• D. Ensign stated the RM-2 zoning would be acceptable. At Concept Plan Review the Planning
Board directed the applicant and city staff to choose the RM zone that best meet the needs of the
project. The proposed zoning meets this directive.
• S. Silver said the proposed design was lovely and would fit with the surrounding neighborhoods.
• H. Zuckerman said that he RM-2 zone would be a flexible district that allows the project to
meet the stated policies and goals for the property, including a diversity of housing types.
Key Issue#5: Is the project consistent with the North Boulder Subcommunity Plan (NBSP)?
• J. Gerstle said that, in general, the project would be consistent with the NBSP; however he
pointed out that the NBSP did not envision the flood issues and access constraints that affect this
project.
Key Issue#6: Does the project meet the applicable Site Review criteria in Section 9-2-14(h),
B.R.C. 1981?
• S. Silver expressed concern with the reduced setbacks on the western property line. She said that
allowing fewer trees than is required is a concern as well. She suggested increasing the amount
of foliage that is not lawn, in lieu of the loss of tree coverage.
• J. Gerstle had concerns regarding amount of proposed parking. He said he did not see the need
for the excess parking and stated that this project should be treated like any other coming before
the board. He suggested unbundling the parking and charging for the spaces.
• D. Ensign disagreed and said that the residents in this neighborhood are more car-dependent
than the average resident in Boulder. He was impressed by how the proposal addressed the
resident's needs.
• S. Silver mentioned that this situation points to inconsistencies surrounding the how much
parking is necessary for projects within the city. This project should bring into focus how this
issue is discussed moving forward. S. Silver asked staff whether there was interest in the types of
homes on the western edge and voiced concerns about resident support for the housing types.
• L. Montoya stated that families in the community often work service jobs and are dependent on
their cars to make a living. She had concerns regarding the closure of the Broadway entrance and
the safety of the children.
• D. Ensign said,regarding the Broadway access, that city code states that access be from the
lowest category street even though it is less convenient for the residents. The information
provided by staff has helped him to accept the closure of the access. He suggested a pedestrian
overpass over Cherry Street to the Waldorf School. Regarding parking, he stated that there are
multi-generational families in the community and the parking provided was an appropriate
compromise.
• H. Zuckerman said, regarding the setbacks along the western side of the project, the existing
condition is a small alleyway. This could be argued is a classic hardship. He supports the limited
setbacks as they are a part of the Site Review criteria. He had no issue with the trees. He said the
design of the project seems to meet the Site Review criteria. Regarding parking, he said, due to
the narrow streets and lack of on-street parking, the number of spaces does not seem excessive
and the count itself is deceptive.
Motions:
On a motion by S. Silver seconded by L. Montoya the Planning Board voted 6-0 (B. Bowen recused)
to approve case no. LUR2019-00014, a Boulder Valley Comprehensive Plan(BVCP) land use map
designation change for the property at 4475 Broadway from Manufactured Housing and Open Space,
Other to Medium Density Residential.
On a motion by L. Montoya seconded by S. Silver the Planning Board voted 6-0 (B. Bowen recused)
to recommend to City Council approval of the proposed annexation with initial zoning of Residential-
Medium 2 (RL-2) for 4475 Broadway pertaining to case number LUR2019-00016, incorporating,this
staff memorandum as findings of fact, subject to the recommended conditions of approval for the
annexation as provided for in the memorandum of understanding in Attachment C.
On a motion by P. Vitale seconded by D. Ensign the Planning Board voted 6-0 (B. Bowen recused) to
Uprove Site Review case no. LUR2019-00015 incorporating the staff memorandum and the attached
Site Review Criteria Checklist as findings of fact, and subject to the conditions of approval
recommended in the staff memorandum.
• J. Gerstle stated that he would like to approve the project but he has concerns regarding the
proposed parking. He said it is easy to give additional spaces and difficult to take them away.
This proposal would not be consistent with other efforts within the city.
• H. Zuckerman agreed; however, this project is different from others in the city because other
policies are involved, and the residents already live in the community.
6. MATTERS FROM THE PLANNING BOARD, PLANNING DIRECTOR,AND CITY
ATTORNEY
7. DEBRIEF MEETING/CALENDAR CHECK
8. ADJOURNMENT
The PI ing Board adjourned the meeting at 9:33 p.m.
APP O ED BY
Board air
DATE