HomeMy WebLinkAboutItem 5A CU South Project Update
CITY OF BOULDER
PLANNING BOARD AGENDA ITEM
MEETING DATE: November 5, 2020
AGENDA TITLE
Update and board input on the CU South project.
Applicant/Owner: Regents of the University of Colorado.
REQUESTING DEPARTMENT / PRESENTERS
Planning
Mary Ann Weideman, Interim Director of Planning & Development Services
Charles Ferro, Land Use Review Manager
Phil Kleisler, Senior Planner
OBJECTIVE
1. Planning Board hears staff presentation.
2. Planning Board discussion.
SUMMARY
Project Name: CU South Annexation
Location: 4886 Table Mesa Dr, 5278 Table Mesa Dr, 718
Marshall Rd, 0 Hwy 36, and W. 4745 W Moorhead
Ave
Size of Tract: 308 Acres
Zoning: Existing County Zoning: Economic Development –
ED; Agriculture – A; and Rural Residential – RR
Proposed – Public (P)
Comprehensive Plan: Public (Pub), Park, Urban and Other (PK-U/O) and
Open Space – Other (OS-O)
Agenda Item 5A Page 1 of 101
KEY ISSUES
Staff has identified the following key issues to help guide the board’s discussion:
1. Does the board have input on the draft Annexation Briefing Book?
2. Does the board have input around the proposed strategy for
community engagement?
EXECUTIVE SUMMARY
This brief memo serves as a cover letter for two attachments: the draft community
engagement strategy and the draft CU South Annexation Briefing Book. Staff is seeking
the board’s feedback on these documents prior to a similar council discussion on Nov. 17.
Specifically, staff is seeking input from the board around CU Boulder’s latest resubmittal
of the annexation application on Oct. 5. A draft CU South Annexation Briefing Book
(Attachment B) was drafted to compile all relevant information about the project into a
clear and concise document. Staff is also sharing a draft community engagement strategy
for the board’s feedback (Attachment A).
PUBLIC FEEDBACK
There is significant community interest in this project. The next engagement window
planned for November through January will focus on “translating” the CU South Guiding
Principles into annexation terms. Page 17 – 19 of the draft Annexation Briefing Book
(Attachment B) summarizes where we stand on key annexation topics, including if the
city and CU Boulder staff are aligned. Our approach to the upcoming engagement
window focuses on three tiers of questions:
1. Areas where city and CU Boulder staff are aligned (GREEN): “Is the approach to
this topic headed in the right direction?”
2. Mostly aligned or need more information (YELLOW): “Do you agree with the
approach recommended by city staff?” Additional information, such as draft
definitions, will be provided.
3. Not Aligned (RED): “Under what conditions could you accept __?”
Community input will be summarized for the Planning Board and City Council in
February 2021, along with a proposed path forward for the annexation.
BACKGROUND
The university submitted an annexation application in February 2019 and resubmitted
materials more recently on Oct. 5, 2020. The primary document used in the negotiation
between the city and CU Boulder is a term sheet structured around the CU South Guiding
Principles. The intent of these discussions is to “translate” the guiding principles into
enforceable annexation terms.
The annexation agreement would include general topics that impact the entire site (e.g.,
administrative processes, wetland protection standards, transportation impacts) and more
specific standards that apply to geographic areas of the site. The geographic areas would
align with the land use designations on the site.
Agenda Item 5A Page 2 of 101
City and CU Boulder staff are aligned or mostly aligned on many topics. The draft
Annexation Briefing Book includes summaries of most annexation topics, some of which
include:
• The university has offered, at no cost to the city, 80 acres of land for flood
mitigation and open space. The city anticipates needing 36 acres of land for flood
mitigation, leaving 44 acres of land in the Open Space – Other area to be
conveyed to the city at no cost.
• The university has offered up to two acres of land for a future public safety
facility.
• The city will have an opportunity to formally review and provide comments on
the Campus Master Plan, CU South Master Plan and conceptual site plans for CU
South.
• Buildings will be limited to 55 feet and further scaled down as the elevation
increases towards the adjacent residential subdivisions.
• The university is reviewing the city’s proposed high-level design guidelines.
• Certain uses, like large-scale sport venues (i.e., football stadium), high rise
buildings and large research complexes will be prohibited.
• City and CU Boulder staff are not aligned with using a portion of the Open Space
– Other area for recreation fields.
• The city may purchase additional land in the Open Space – Other area for open
space.
• No enclosed buildings academic buildings, offices or residential structures will be
built in the 500-year floodplain.
• A transportation study is underway to analyze the bus, bike, pedestrian and
vehicular demand for the uses anticipated in the CU South Guiding Principles.
The study will contemplate a “trip budget” program with compliance mechanisms
(timing, compliance and methodology). A trip budget will be the maximum
allowable number of trips to the site. The study will also inform the approximate
location of a multi-modal mobility hub within the CU South campus.
ANALYSIS OF KEY ISSUE(S)
1. Does the board have input on the draft Annexation Briefing Book?
The Draft Annexation Briefing Book (Attachment B) summarizes most
annexation topics and whether city and CU Boulder staff are aligned on
the approach (pp. 6 – 8). The briefing book summarizes each topic in more
detail. Staff expects the specific terms of the annexation agreement to be
ready in the first quarter of 2021 once we have a general agreement on
how to approach the various topics.
City Council will review the attached materials on Nov. 17, though staff
expect most of council’s discussion focusing on community engagement.
Agenda Item 5A Page 3 of 101
2. Does the board have input on the proposed plan for community
engagement?
The draft engagement strategy (Attachment B) was reviewed by the CU
South Process Subcommittee on Nov. 23. The engagement window will
include a series of small-group meeting meetings, community briefings,
brainstorming sessions and a questionnaire on Be Heard Boulder. Staff is
also reaching out to nearby neighborhoods through homeowner
associations, social media and paper mailings.
Approved By:
__________________________
Charles Ferro, Development Review Manager
Department of Planning & Development Services
ATTACHMENTS
These could include more detailed background and technical analysis, as well as any
proposed resolutions, ordinances, or other relevant documents.
Attachment A: Draft Community Engagement Strategy
Attachment B: Draft Annexation Briefing Book
Agenda Item 5A Page 4 of 101
CU South Annexation – Engagement Window #2
Draft - October 26, 2020
Purpose/Desired Outcomes
Explore how the guiding principles may be “translated” into annexation terms and get feedback to
inform decision-making.
1. Share foundational materials (such as application materials, a briefing book, and information
about the process) and be available for clarifying questions
2. Hear interests, concerns and ideas about the proposed annexation application
3. Compile and organize all input to inform City Council’s direction to staff and ultimately, a
decision about whether to annex CU South into the City of Boulder.
CU South Annexation Purpose Statement
The purpose of this process is to define the conditions of annexation for “CU South” under which the
University of Colorado’s South Campus would fulfill both the desires of the University system and meet
the goals of the City of Boulder. The annexation agreement will be guided by the BVCP CU South Guiding
Principles, and a modified annexation process that will provide opportunities to influence the
annexation terms through public outreach, city boards and commissions and city council meetings.
What issues are planned for engagement?
The CU South Guiding Principles set the stage for council discussions and will be used as a guide for
decision-making. The marked-up term sheet included in the city staff initial review comments indicates
the degree of alignment between the city and CU Boulder through the following categories:
• “Yes”: General alignment between the city and CU Boulder;
• “Mostly Aligned” or “Need more information”
• “Not Aligned”: City/CU Boulder disagreement.
The goal of this project is to ultimately have general alignment on all topics (“green” category).
Community engagement efforts will focus on the yellow and red topics. Topics in which the city and
university are aligned will not be scoped for engagement beyond “Inform”.
Draft Near-term Engagement Strategy
November - January January
Invite / Get the Word
Out (Inform)
Define the conditions (Consult) Determine a path
forward
Goal • Inform about
proposal
• Pulse check on
the engagement
strategy
• Consult: Targeted feedback on
CU’s new proposal, structured
around “translating” the
guiding principles, focusing on
areas with disagreement
• Preliminary
Direction /
Informed
decisions
Attachment A - Draft Community Engagement Strategy
Agenda Item 5A Page 5 of 101
Traditional • Mailed
information card
• On-site poster
• City Council (Nov. 17)
• Virtual Meet with groups and
organizations
• Planning Board
input
• City Council
direction
Online • Webpage and
email lists
• Targeted social
media
• Be Heard Boulder
questionnaire and comment
register
• Information session – 101
briefing and summary of
current input
• Brainstorming session
• Webpage and
email notification
Targeted • Information to
neighborhood
contacts about
process
• Virtual “drop in”
meetings
(registration
required).
• Request agenda time with
community organizations
• Small group meetings
• E-mail and Social
Media notification
Approach to Topics
Page 17 – 19 of the draft Annexation Briefing Book lists key annexation topics whether the city and CU
Boulder are or are not aligned. Our approach to engagement is to ask three tiers of questions:
1. Areas where city and CU Boulder staff are aligned (GREEN): “Is the approach to this topic
headed in the right direction?”
2. Mostly aligned or need more information (YELLOW): “Do you agree with the approach
recommended by city staff?” Additional information, such as draft definitions, will be provided.
3. Not Aligned (RED): “Under what conditions could you accept __?”
Anticipated Annexation Schedule
Date Task
Oct. 5 CU Boulder submits an amended term sheet
Develop approach for community engagement.
Oct. 23 Process Subcommittee Meeting
Review the draft approach to engagement.
Nov. 5 Planning Board Meeting (board discussion)
Staff update and board input to inform council’s discussion.
Nov. 13 Process Subcommittee Meeting
Attachment A - Draft Community Engagement Strategy
Agenda Item 5A Page 6 of 101
Date Task
Nov. 17
City Council Meeting (Matters from the City Manager)
Brief presentation by staff and CU Boulder, followed by council questions
and discussion.
TBD City-hosted Zoom call with Martin Acres HOA
Week of Nov. 23
or first week of
December
Heard Boulder Questionnaire and comment register
Active for three weeks.
Date TBD Dec. 1 -
4
Community Briefing #1
What’s proposed and how to engage – CU available for questions too
(confirm w/ CU)
Mid-Dec (TBD) Digital World Café #1
Dec. 11 Process Committee Meeting
Jan. 6 Community Briefing #2
What we’ve heard – what the community can live with, transportation
analysis
January (TBD) Digital World Café #2
Jan. 15 Process Subcommittee Meeting
Jan. 21 City Council memo due (published later in the week)
Feb. 2 City Council Meeting (matters or public hearing)
Direct staff on how to proceed with key issues
February – March
2021
City staff and CU Boulder work to resolve remaining deal points and finish
drafting the annexation agreement.
April 2021 Potential Planning Board public hearing and City Council First Reading*
June 2021 Potential City Council Second Reading*
*Contingent on reaching agreement
Attachment A - Draft Community Engagement Strategy
Agenda Item 5A Page 7 of 101
CITY OF BOULDER
ANNEXATION BRIEFING BOOK
University of Colorado Boulder South Campus (“CU South”)
Oct. 26, 2020 Draft
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 8 of 101
DRAFTContents
Executive summary 1
Background 1
Timeline of Select Events 2
Intended uses from the CU South Guiding Principles 4
A Unique Annexation 5
Annexation Proposal 5
Topcs 6
Decision-Making Criteria 8
Anticipated Scope of Work 9
CU South Guiding Principles 10
Additional Boulder Valley Comprehensive Plan Policies 16
Proposal 18
Summary of Key Points 19
General Terms 22
Park, Urban and Other Tract 26
Public Tract 34
Open Space Tract 44
Transportation 50
Existing conditions 52
Attachments
CU South Term Sheet
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 9 of 101
BRIEFING BOOK I CU SOUTH ANNEXATION 1DRAFTDRAFTEXECUTIVE SUMMARY
Background
The University of Colorado Boulder purchased the CU South site in 1996 from Flatiron
Companies following several decades of mining. There was significant community interest in the
site at the time of the purchase, and that community interest continues today. During the 2000
Boulder Valley Comprehensive Plan Update (BVCP), and again in 2006, CU Boulder requested
changes to the land use designations for the site in anticipation of future student and faculty/
staff housing, research, academic and athletic/recreation uses. The city deferred any changes
to land use designations for CU South until a flood mitigation study for South Boulder Creek
could be completed and there could be further discussions with the university on the proposed
development of the site.
On Aug. 4, 2015 City Council unanimously accepted the recommendations from the South
Boulder Creek Major Drainageway Plan (SBC Master Plan), which recommended flood mitigation
in three phases:
1. Regional stormwater detention at US36;
2. West Valley improvements, including stormwater detention at or near Manhattan Middle
School and at Foothills Parkways and Baseline Road, and enlarging the capacity of Dry Creek
No. 2 Ditch (subject to ditch company approval); and
3. Stormwater detention at Flatirons Golf Course.
Regional detention at US36 on and around the CU South property was selected to be the first
phase because of the large downstream flood benefits.
With the SBC Master Plan completed, the city engaged the university and community in a two-
year process to update the BVCP that ultimately resulted in changes to the land use designations
on the site in 2017. The CU South Guiding Principles were also incorporated into the BVCP in
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 10 of 101
CU SOUTH ANNEXATION I BRIEFING BOOK2 DRAFTThe three phases of the South Boulder
Creek Major Drainageway Plan.
2017 to guide agreements between the city and
university that will specify future uses, services,
utilities and planning for CU South.
Timeline of Select Events
1950s - 1980s
• In the mid-1950’s, Flatiron Companies
purchases the estimated 168-acre property
from the Deepe family to continue mining
and purchases the remaining CU South
property from the Van Vleet family shortly
after.
• An embankment and channel is constructed
in the floodplain of the South Boulder Creek
to provide flood protection for sand and
gravel mining and to control the flow and
minimize any impact on the 100-year flood
discharge .
• In the early 1980s, construction of the
embankment and channel is followed by a
sand and gravel mining operation .
• Regulatory approvals for floodplain
development and sand/gravel mining are
approved in 1989 for the Marshall Pit,
adjacent to and incorporated into the
mining of Phase Four of the Deepe Pit . The
floodplain permits approve open pit mining
on land south of the embankment and
channel.
1996
• Flatiron Companies sells the full property to
the University of Colorado.
• Boulder City Council adopts Resolution
Number 758 directing the City Manager and
City Attorney to “take all necessary actions
and work with the County to support the
County taking all necessary actions to ensure
that the University follows the goals, policies
and land use designations of the BVCP in the
development of the Property.”
2000
• During 2000 BVCP Major Update, CU
Boulder requests Public land use designation
for CU South for possible student and
Phase II
Phase III
Ph
a
s
e
I
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 11 of 101
BRIEFING BOOK I CU SOUTH ANNEXATION 3DRAFTDRAFTfaculty/staff housing, research, academic and
athletic/recreation uses.
• The city decides not to consider changing
the land use designations of the site until the
“South Boulder Creek Floodplain Study is
completed and there are further discussions
with the university on the proposed
development for the site.”
2001
• Boulder City Council adopts Resolution
Number 877 which states that City Council
“stands willing to purchase the Flatirons
Property from a willing seller at a fair price,
for open space or flood control management
purposes, in fee title or by means or
conservation easement; or to contemplate
whatever agreement might lead to the
maximum practicable preservation of the
Flatirons Property as an environmental
asset, consistent with the Boulder Valley
Comprehensive Plan since 1977.”
2002
• CU-Boulder South Conceptual Land
Use Assessment for CU South identifies
approximately 128 acres of potential
building area, 32 acres for either buildings or
flood detention, 45 acres for flood storage
and 92 acres conserved as buffers, wetlands,
ponds or open space.
2003
• The city and CU Boulder begin discussions
about future land uses for CU South and
develop potential terms for a Memorandum
of Agreement.
2006
• During the 2005 BVCP Major Update, a site
suitability analysis and changes to land use
designations are delayed until the South
Boulder Creek Flood Study is complete.
2015 - 2017
• City Council approves the South Boulder
Creek Flood Mitigation Plan. The plan
includes regional detention of flood water
upstream of U.S. 36 on the CU South
campus and along Colorado Department of
Transportation right of way.
• With the flood mitigation plan adopted,
the city reinitiates and ultimately approves
new land use designation and the CU South
Guiding Principles as part of the 2015 BVCP
Major Update.
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 12 of 101
CU SOUTH ANNEXATION I BRIEFING BOOK4 DRAFTPark, Urban and Other (60 acres)
• Construct the South Boulder Creek flood mitigation project
• Designate area for future university recreation fields
• Conserve and/or restore areas with high ecological value
Public (129 acres)
• Predominately university housing and some academic facilities.
Housing will be emphasized over non-residential uses, and intended
for university faculty, staff, graduate students and non-first year
students.
• A target of 1,100 residential units with the final number determined
by transportation performance and other site constraints.
Open
Space
Public
PK U/O
Area Protected
by Levee
Existing
Levee
( )
Open Space - Other (OS-O, 119 acres)
Area within the 100-yr floodplain
(outside of existing levee)
• Minimize disturbance
• Open space and restoration
• Recreation opportunities that don’t
conflict with ecological values
Area Protected by Levee (generally
west of existing levee)
• Compensatory mitigation for impacts
elsewhere on the site
• Protect and improve the delivery of open
space, restore high ecological value
areas and/or provide areas for recreation
in lower ecological value areas
Intended uses from the CU South Guiding Principles
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 13 of 101
BRIEFING BOOK I CU SOUTH ANNEXATION 5DRAFTDRAFT2019
• CU Boulder Submits an annexation
application
• The city begins studying three alternative
flood mitigation options.
2020
• In June, City Council voted unanimously
to move forward with the 100-year South
Boulder Creek Flood Mitigation project while
further investigating potential options for an
“upstream option”.
A Unique Annexation
Land may be considered for annexation to the
city, if the request complies with state annexation
statutes and the policies of the Boulder Valley
Comprehensive Plan (BVCP). If annexed, zoning
will be established according to the land use
designation in the BVCP Land Use Designation
Map. An annexation agreement is required to
establish the terms and conditions of annexation.
Standard terms and conditions, like right-of-way
dedication requirements, community benefit
and fees are established through city codes and
policies.
Annexations involve at least two public hearings.
The first is conducted by the Planning Board,
which will make a recommendation to City Council
on whether or not the annexation should be
approved, and the terms, conditions and zoning
that should be applied. The City Council then
holds a second public hearing before making its
determination.
Numerous factors make this annexation unique,
including:
• Property Size: At just over 300 acres in size,
CU South is the largest undeveloped site
within Area II of the BVCP. Area II is defined
as land now under county jurisdiction where
annexation to the city can be considered
consistent with BVCP policies.
• No Site Plan: University master planning for
CU South is several years away. However,
significant flooding events in the area have
prompted the city to expeditiously pursue
a flood mitigation project that requires a
portion of the CU South site; that portion of
the property only becomes available to the
city with annexation of the entire CU South
site. As a result, the annexation agreement
would need to detail certain development
standards that control the type and intensity
of future development, but not the exact
type and location that a traditional site plan
would detail.
• State Entity: As a state entity, CU
Boulder is excempt from the city’s
development standards for university-
related development. Therefore, only
the development standards specifically
detailed in the annexation agreement can
be enforced on the site (e.g., height of
buildings).
Annexation Proposal
The university submitted an annexation
application in February 2019. The primary
document used in the negotiation between the
city and CU Boulder is a term sheet structured
around the CU South Guiding Principles. The
intent of these discussions is to “translate” the
guiding principles into enforceable annexation
terms.
The annexation agreement would include
general topics that impact the entire site (e.g.,
administrative processes, wetland protection
standards, transportation impacts) and more
specific standards that apply to geographic areas
of the site. The geographic areas would align
with the land use designations on the site (see
the diagram on the previous page). City and CU
Boulder staff are aligned or mostly aligned on
many topics. The next chapter includes detailed
summaries of most annexation topics, some of
which include:
• The university has offered, at no cost to the
city, 80 acres of land for flood mitigation and
open space. The city anticipates needing 36
acres of land for flood mitigation, leaving 44
acres of land in the Open Space – Other area
to be conveyed to the city at no cost.
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 14 of 101
CU SOUTH ANNEXATION I BRIEFING BOOK6 DRAFT• The university has offered up to two acres of
land for a future public safety facility.
• The city will have an opportunity to formally
review and provide comments on the
Campus Master Plan, CU South Master Plan
and conceptual site plans for CU South.
• Buildings will be limited to 55 feet and
further scaled down as the elevation
increases towards the adjacent residential
subdivisions.
• The university is reviewing the city’s
proposed high-level design guidelines.
• Certain uses, like large-scale sport venues
(i.e., football stadium), high rise buildings
and large research complexes will be
prohibited.
• City and CU Boulder staff are not aligned
with using a portion of the Open Space –
Other area for recreation fields.
• The city may purchase additional land in the
Open Space – Other area for open space.
• No enclosed buildings academic buildings,
offices or residential structures will be built in
the 500-year floodplain.
• A transportation study is underway to
analyze the bus, bike, pedestrian and
vehicular demand for the uses anticipated
in the CU South Guiding Principles. The
study will contemplate a “trip budget”
program with compliance mechanisms
(timing, compliance and methodology). A
trip budget will be the maximum allowable
number of trips to the site. The study will
also inform the approximate location of
a multi-modal mobility hub within the CU
South campus.
Topics
Most topics from the CU South annexation term sheet are summarized in this chapter. Each topic includes
the policy guidance, proposal and city/CU Boulder staff alignment. The table below lists each topic
summarized in this chapter.
Term Sheet
Topic #Topic Summary Staff Alignment
General Terms
3 Initial Zoning Proposed zoning of Public Aligned
4 Payment In-
Lieu of Taxes
An agreement to offset losses in property
taxes due to non-taxable university land in
the city.
Not Aligned.
University is not open to this
concept, but has offered to
donate two acres of land for a
public safety facility and for its
share of any off-site impacts.
5
Review
Process for
Future Plans
Opportunities for the city to review and
comment on the Campus Master Plan,
CU South Master Plan and conceptual
development plans for CU South.
Mostly Aligned
Minor technical detail about
the length of days for the city’s
review (60 vs. 90 days).
45
Land for a
Future Fire
Station
Up to two acres of land for a public safety
facility.Aligned
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 15 of 101
BRIEFING BOOK I CU SOUTH ANNEXATION 7DRAFTDRAFTTerm Sheet
Topic #Topic Summary Staff Alignment
34 Wetland
Protection
CU Boulder to follow the city’s Stream,
Wetland and Water Body permit
requirements (i.e., wetland regulations).
Aligned
Park, Urban and Other Tract
6 – 10 Flood
Mitigation
Convey land needed to construct the
flood mitigation project (no cost to city).Aligned
11 Recreation
Fields
Identify land suitable for future recreation
facilities.
Aligned
Agree with placing fields in
that area but disagree about
using any Open Space - Other
land along the boundary
with PK-U/O to meet the
recreaction fields requirement
(should the PK-U/O area
offer insufficient area to meet
university and community
recreational needs).
Public Tract
32 Viewsheds
Implement a “height ceiling” to scale
down the height of buildings as the
elevation increases towards the adjacent
residential subdivisions.
Aligned
33 Building
Height
Limit buildings to 55 feet, using an
averaging method to measure height.
Aligned
Agree on limiting building
height and measuring it
consistent with the City of
Boulder Charter and Land Use
Code.
33 Steep Slopes
Avoid steep slopes and create a “limited
impact zone” for southwest hillside area
to ensure compatibility with adjacent uses.
Mostly Aligned
Need to futher define a
“limited impact zone”.
36
Clustered,
Village
Design
High-level design guidelines for future
development.
To be determined (university
reviewing staff proposal)
39 Public Access
Retain public access to the site. Consider
a formal running track and publicly
accessible dog park.
More information needed.
Additional discussions needed
with the community, city and
school district to determine
specifics.
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 16 of 101
CU SOUTH ANNEXATION I BRIEFING BOOK8 DRAFTTerm Sheet
Topic #Topic Summary Staff Alignment
40 Prohibited
Uses
Prohibit large-scale sport venues (i.e.,
football stadium), high rise buildings and
large research complexes. Define the
specific uses.
More information needed
Aligned on the concept. City
staff will propose specific
definitions for the prohibited
uses.
41 – 44 Land Use Mix
Prioritized housing for university faculty,
staff, graduate students and non-first year
students.
More information needed.
City staff prefers, and will
propose, specific definitions.
Open Space Tract
21 – 22 Open Space
Conveyance
Convey 44 acres of land to the city for open
space at no cost. The city may purchase
additional open space. Potentially use
some of the Open Space - Other land
along the PK-U/O boundary to make up
any shortfall of PK-U/O land necessary to
meet recreation field needs.
Not Aligned
Not aligned on the use of land
in the Open Space Tract for
recreation fields.
16 Levee System Remove the existing levee system if the
city purchases the land.Aligned
37
Structures in
the 500-year
Floodplain
No enclosed academic space, offices or
residential structures within the 500-year
floodplain.
More information needed.
City staff prefers, will propose,
specific definitions.
Decision-Making Criteria
Decision-making criteria will be developed and used to evaluate topics for an agreement. The draft criteria
topics include:
• Is the proposed term acceptable to the city? After hearing input from the community, does the
Boulder City Council agree with the approach? Is it consistent with city policies, including the
sustainability framework?
• Is the proposed term acceptable to the university, CDOT and other agencies? Do the agencies agree
with the approach?
• Is the proposed term technically and legally feasible? Can the conditions included in the proposed
topic be developed and enforced through an annexation agreement?
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 17 of 101
BRIEFING BOOK I CU SOUTH ANNEXATION 9DRAFTDRAFTAnnexation Purpose Statement
The purpose of this process is to define the conditions of annexation for “CU South” under
which the University of Colorado’s South Campus would fulfill both the desires of the University
system and meet the goals of the City of Boulder. The annexation agreement will be guided
by the BVCP CU South Guiding Principles, and a modified annexation process that will provide
opportunities to influence the annexation terms through city boards and commissions and the
city council meetings.
Anticipated Scope of Work
Phase I: Planning Phase (summer/fall
2019)
Step 1: Define the Issue before Embarking
9 Determine the decision-making steps.
Approved by council in October 2018.
9 Determine decision-making criteria
Step 2: Determine who is affected
9 Determine roles of decision-makers and
impacted parties
9 Determine what level of involvement each
stakeholder group might expect or desire for
each project
Step 3: Create an engagement plan
9 Determine overall engagement objectives
Phase 2: Shared Learning (fall 2019)
Step 4: Share a foundation of learning and
inquiry
9 The purpose of this step is to clarify the
project purpose and goals, share the
engagement plan and inform the public
about the ongoing flood mitigation and
annexation work.
9 Traditional engagement techniques:
webpages, communication to council,
community newsletter.
Phase 3: Options Stage
Step 5: Identify (the latest round) of options
9 Input from city boards, including: Water
Resources Advisory Board, Open Space
Board of Trustees and the Planning Board;
9 Be Heard Boulder;
9 Online engagement event; and
9 City Council public hearing to select a
preferred flood mitigation option.
Step 6: Evaluate Options/Develop
Recommendations
9 CU Boulder submits an amended term sheet
(October 2020)
• Planning Board input (November 2020)
• City Council input (November 2020)
• Engagement window #2 (November 2020 -
January 2021)
• Council direction on preferred approach
(January/February 2020)
Phase 4: Make a Decision
Step 7: Make a Decision
• Draft an annexation agreement
• Planning Board Public Hearing
(recommendation) - Tentative April 2021
• City Council Public Hearing (decision) -
Tentative June 2021
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 18 of 101
CU SOUTH ANNEXATION I BRIEFING BOOK10 DRAFTCU South Guiding Principles (Excerpt from Boulder Valley Comprehensive Plan)
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 19 of 101
BRIEFING BOOK I CU SOUTH ANNEXATION 11DRAFTDRAFTCU South Guiding Principles, cont.
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Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 20 of 101
CU SOUTH ANNEXATION I BRIEFING BOOK12 DRAFTThis rendering
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Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 21 of 101
BRIEFING BOOK I CU SOUTH ANNEXATION 13DRAFTDRAFTCU South Guiding Principles, cont.
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 22 of 101
CU SOUTH ANNEXATION I BRIEFING BOOK14 DRAFTCU South Guiding Principles, cont.
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 23 of 101
BRIEFING BOOK I CU SOUTH ANNEXATION 15DRAFTDRAFTCU South Guiding Principles, cont.
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 24 of 101
CU SOUTH ANNEXATION I BRIEFING BOOK16 DRAFTAdditional Boulder Valley
Comprehensive Plan Policies
1.05 Coordination with University of
Colorado
With three campus locations in Boulder and serving
over 30,000 students, the university is integrated
into the city’s fabric and benefits the community
socially, economically and culturally. The city will
aim to coordinate with the university and engage
with the community to exchange information and
plan for future uses and activities on the Main
campus, East Campus, CU South and Williams
Village area, especially where changes may affect
surrounding areas or have regional implications.
The city will address regional implications by
seeking input, advice or partnerships from other
governmental entities, including RTD, CDOT and
Boulder County.
The city aims to work with CU cooperatively to
address critical needs of flood safety, student and
workforce housing, and transportation and other
infrastructure. Intergovernmental agreements
between the agencies can provide clarity
about roles and responsibilities on such issues
of mutual concern, building on collaborative
planning processes and guiding principles. In its
negotiations of an annexation agreement for CU
South, the city will use the guiding principles as
shown in Ch V. Subcommunity and Area Planning,
CU South Boulder Campus.
1.16 Annexation
The policies in regard to annexation to be pursued
by the city are:
a. Annexation will be required before adequate
facilities and services are furnished.
b. The city will actively pursue annexation of
county enclaves, substantially developed
properties along the western boundary
below the Blue Line and other substantially
developed Area II properties. County
enclave means an unincorporated area of
land entirely contained within the outer
boundary of the city. Terms of annexation
will be based on the amount of development
potential as described in (c), (d) and (e) of this
policy. Applications made to the county for
development of enclaves and Area II lands
in lieu of annexation will be referred to the
city for review and comment. The county will
attach great weight to the city’s response
and may require that the landowner conform
to one or more of the city’s development
standards so that any future annexation into
the city will be consistent and compatible
with the city’s requirements.
c. Annexation of existing substantially
developed areas will be offered in a manner
and on terms and conditions that respect
existing lifestyles and densities. The city will
expect these areas to be brought to city
standards only where necessary to protect
the health and safety of the residents of
the subject area or of the city. The city, in
developing annexation plans of reasonable
cost, may phase new facilities and services.
The county, which now has jurisdiction over
these areas, will be a supportive partner with
the city in annexation efforts to the extent the
county supports the terms and conditions
being proposed.
d. In order to reduce the negative impacts of
new development in the Boulder Valley, the
city will annex Area II land with significant
development or redevelopment potential
only if the annexation provides a special
opportunity or benefit to the city. For
annexation consideration, emphasis will
be given to the benefits achieved from the
creation of permanently affordable housing.
Provision of the following may also be
considered a special opportunity or benefit:
receiving sites for transferable development
rights (TDRs), reduction of future employment
projections, land and/or facilities for public
purposes over and above that required by
the city’s land use regulations, environmental
preservation or other amenities determined by
the city to be a special opportunity or benefit.
Parcels that are proposed for annexation that
are already developed and which are seeking
no greater density or building size would not
be required to assume and provide that same
level of community benefit as vacant parcels
unless and until such time as an application
for greater development is submitted.
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 25 of 101
BRIEFING BOOK I CU SOUTH ANNEXATION 17DRAFTDRAFTe. Annexation of substantially developed
properties that allow for some additional
residential units or commercial square footage
will be required to demonstrate community
benefit commensurate with their impacts.
Further, annexations that resolve an issue
of public health without creating additional
development impacts should be encouraged.
f. There will be no annexation of areas outside
the boundaries of the Boulder Valley
Planning Area, with the possible exception of
annexation of acquired open space.
g. Publicly owned property located in Area III,
and intended to remain in Area III, may be
annexed to the city if the property requires
less than a full range of urban services or
requires inclusion under city jurisdiction for
health, welfare and safety reasons.
h. The Gunbarrel Subcommunity is unique
because the majority of residents live in the
unincorporated area and because of the
shared jurisdiction for planning and service
provision among the county, city, Gunbarrel
Public Improvement District and other special
districts. Although interest in voluntary
annexation has been limited, the city and
county continue to support the eventual
annexation of Gunbarrel. If resident interest
in annexation does occur in the future, the
city and county will negotiate new terms of
annexation with the residents.
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 26 of 101
CU SOUTH ANNEXATION I BRIEFING BOOK18 DRAFTCHAPTER 2PROPOSAL
This chapter highlights key topics being considered with the annexation and not an exhaustive
accounting of all topics in the term sheet dated Oct. 5, 2020. This chapter includes five sections:
1. General Topics: Select topics that impact the entire site or related to administrative processes.
2. Park, Urban and Other Tract: Topics specifically related to the area designated Park, Urban
and Other in the Boulder Valley Comprehensive Plan, primarily including flood mitigation
and recreation facilities.
3. Public Tract: Controls around the type and form of future development on the site.
4. Open Space Tract: Strategies for ecological restoration and improvement, educational and
research opportunities and recreational uses that do not significantly conflict with ecological
values.
5. Transportation: Performance-based standards to ensure that the needs generated by future
development at the site will not unduly impact the transportation networks that serve the
property.
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 27 of 101
BRIEFING BOOK I CU SOUTH ANNEXATION 19DRAFTDRAFTSummary of Key Points
The primary document used in this annexation negotiation is a term sheet structured around the CU South
Guiding Principles. The term sheet shows the university and city’s discussion aimed at “translating” the
CU South Guiding Principles into more specific annexation terms. The proposal includes “zones” that are
consistent with the Boulder Valley Comprehensive Plan land use designations:
Topics
Most topics from the CU South annexation term sheet are summarized in this chapter. Each topic includes
the policy guidance, proposal and city/CU Boulder staff alignment. The table below lists each topic
summarized in this chapter.
Term Sheet
Topic #Topic Summary Staff Alignment
General Terms
3 Initial Zoning Proposed zoning of Public Aligned
4 Payment In-
Lieu of Taxes
An agreement to offset losses in property
taxes due to non-taxable university land in
the city.
Not Aligned.
University is not open to this
concept, but has offered to
donate two acres of land for a
public safety facility and for its
share of any off-site impacts.
Park, Urban and Other Tract (60 acres)
• Construct the South Boulder Creek flood mitigation project
• Designate area for future university recreation fields
• Conserve and/or restore areas with high ecological value
Public Tract (129 acres)
• Predominately university housing and some academic facilities.
Housing will be emphasized over non-residential uses, and intended
for university faculty, staff, graduate students and non-first year
students.
• A target of 1,100 residential units with the final number determined
by transportation performance and other site constraints.
Open Space Tract (119 acres)
• Conveyance of 44 acres of land to the city as open space (at no cost)
• City purchase of additional land for open space
• Land set aside for future recreation fields
• Remove the existing levee system
Open
Space
Tract
Public
Tract
PK U/O
Tract
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 28 of 101
CU SOUTH ANNEXATION I BRIEFING BOOK20 DRAFTTerm Sheet
Topic #Topic Summary Staff Alignment
5
Review
Process for
Future Plans
Opportunities for the city to review and
comment on the Campus Master Plan,
CU South Master Plan and conceptual
development plans for CU South.
Mostly Aligned
Minor technical detail about
the length of days for the city’s
review (60 vs. 90 days).
45
Land for a
Future Fire
Station
Up to two acres of land for a public safety
facility.Aligned
34 Wetland
Protection
CU Boulder to follow the city’s Stream,
Wetland and Water Body permit
requirements (i.e., wetland regulations).
Aligned
Park, Urban and Other Tract
6 – 10 Flood
Mitigation
Convey land needed to construct the
flood mitigation project (no cost to city).Aligned
11 Recreation
Fields
Identify land suitable for future recreation
facilities.
Aligned
Agree with placing fields in
that area but disagree about
using any Open Space - Other
land along the boundary
with PK-U/O to meet the
recreaction fields requirement
(should the PK-U/O area
offer insufficient area to meet
university and community
recreational needs).
Public Tract
32 Viewsheds
Implement a “height ceiling” to scale
down the height of buildings as the
elevation increases towards the adjacent
residential subdivisions.
Aligned
33 Building
Height
Limit buildings to 55 feet, using an
averaging method to measure height.
Aligned
Agree on limiting building
height and measuring it
consistent with the City of
Boulder Charter and Land Use
Code.
33 Steep Slopes
Avoid steep slopes and create a “limited
impact zone” for southwest hillside area
to ensure compatibility with adjacent uses.
Mostly Aligned
Need to futher define a
“limited impact zone”.
36
Clustered,
Village
Design
High-level design guidelines for future
development.
To be determined (university
reviewing staff proposal)
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 29 of 101
BRIEFING BOOK I CU SOUTH ANNEXATION 21DRAFTDRAFTTerm Sheet
Topic #Topic Summary Staff Alignment
39 Public Access
Retain public access to the site. Consider
a formal running track and publicly
accessible dog park.
More information needed.
Additional discussions needed
with the community, city and
school district to determine
specifics.
40 Prohibited
Uses
Prohibit large-scale sport venues (i.e.,
football stadium), high rise buildings and
large research complexes. Define the
specific uses.
More information needed
Aligned on the concept. City
staff will propose specific
definitions for the prohibited
uses.
41 – 44 Land Use Mix
Prioritized housing for university faculty,
staff, graduate students and non-first year
students.
More information needed.
City staff prefers, and will
propose, specific definitions.
Open Space Tract
21 – 22 Open Space
Conveyance
Convey 44 acres of land to the city for open
space at no cost. The city may purchase
additional open space. Potentially use
some of the Open Space - Other land
along the PK-U/O boundary to make up
any shortfall of PK-U/O land necessary to
meet recreation field needs.
Not Aligned
Not aligned on the use of land
in the Open Space Tract for
recreation fields.
16 Levee System Remove the existing levee system if the
city purchases the land.Aligned
37
Structures in
the 500-year
Floodplain
No enclosed academic space, offices or
residential structures within the 500-year
floodplain.
More information needed.
City staff prefers, will propose,
specific definitions.
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 30 of 101
CU SOUTH ANNEXATION I BRIEFING BOOK22 DRAFTGeneral Terms
Initial Zoning (Term Sheet Topic #3)
Policy Guidance
• Not addressed in the CU South Guiding Principles. City staff requested opportunities to review
future development plans in light of there being no site plan currently available.
• Pursuant to the Boulder Revised Code §9-2-18 Zoning of Annexed Land, zoning of annexed land
or land in the process of annexation shall be considered an initial zoning and shall be consistent
with the goals and land use designations of the Boulder Valley Comprehensive Plan. As a state
entity, CU Boulder is excempt from city zoning regulations. However, the university and city staff
are negotiating land use and development guidelines applicable to site development that will be
memorialized in the annexation agreement and thus would apply to future construction.
Proposal
• CU Boulder has proposed initial zoning of Public. The Public zoning district is intended for public
and semi-public facilities and uses are located, including without limitation, governmental and
educational uses.
• There are no zoning districts that correspond directly to the Open Space – Other and Park, Urban
& Other land use designation. As such, an annexation agreement will detail the permitted uses and
other standards within each land use designation area on CU South.
Staff Alignment: Aligned
City staff has been supportive of the Public zoning designation provided that more specific standards are
addressed in the annexation agreement.
Payment In-Lieu of Taxes (Term Sheet Topic #4)
Policy Guidance
• Not addressed in the CU South Guiding Principles.
Proposal
• The City proposed that CU Boulder make an annual Payment In-lieu of Taxes (PILOT. Such an
agreement would be negotiated prior to annexation. PILOT agreements are intended to help offset
losses in property taxes due to non-taxable land within the city. A PILOT program could include city
services not currently provided by the university (e.g. Fire and Rescue).
Staff Alignment: Not Aligned
The university is a tax exempt entity of the state of Colorado and does not agree with establishing a
PILOT program. Alternatively, the university proposes setting aside two acres for a future public safety
facility.
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 31 of 101
BRIEFING BOOK I CU SOUTH ANNEXATION 23DRAFTDRAFTReview Process for Future Plans (Term Sheet Topic #5)
Policy Guidance
• Not addressed in the CU South Guiding Principles. City staff requested opportunities to review
future development plans in light of there being no site plan currently available.
• BVCP Policy 1.05 Coordination with University of Colorado describes the “town and gown”
relationship, such as planning for future campus uses and activities especially where changes may
affect surrounding areas or have regional implications. The city aims to work cooperatively with
the university to address critical needs such as flood safety, workforce and student housing, and
transportation.
Proposal
• Each ten-year update (or new) Campus Master Plan. The University is under statutory requirements
with State offices, legislature and the Board of Regents to provide 10-year campus updates. During
the public engagement associated with these updates, the Master Plan is shared with the public
and the city for comment through CU-coordinated engagement efforts. The 2021 Master Plan
update is currently underway and outreach is planned for the first half of 2021, which includes town/
gown public town halls and a meeting with City Council. This is consistent with past practices and
recognizes this is a statutory process between the campus, the Regents and the state.
• CU South Master Plan. Before the CU South Master Plan is finalized, CU will provide a draft to the
City for a 90-day for the following reviews:
o Compliance Review to verify that the proposed development activity complies with the terms of
the Agreement; and
o Discretionary Comments intended to further the City’s goals and policies. CU Boulder will
give strong consideration to the City’s Discretionary Comments and may recommend plan
amendments to CU’s Design Review Board.
• During the Conceptual Design phase for future development on CU South, prior to CU Boulder’s
submission of conceptual design documents for development of the property to the University’s
Design Review Board for review and approval. CU Boulder will provide the city with 60 days for the
following reviews:
o Compliance Review to verify that the proposed development activity complies with the terms of
the annexation agreement; and
o Discretionary Comments intended to further the City’s goals and policies. CU Boulder will
give strong consideration to the City’s Discretionary Comments and may recommend plan
amendments to the Design Review Board.
Staff Alignment: Mosly Aligned
City and CU Boulder staff are mostly aligned. City staff generally prefers a 90-day review to receive
input from City Council and the Planning Board. A 60-day review window would likely only allow for City
Council or Planning Board (not both).
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 32 of 101
CU SOUTH ANNEXATION I BRIEFING BOOK24 DRAFTLand for a Future Fire Station (Term Sheet Topic #45)
Policy Guidance
• Not addressed in the CU South Guiding Principles.
• City staff proposed that the city and university jointly explore a public safety facility to collocate CU
Boulder Police and City of Boulder Fire and Rescue personnel and visitors.
Proposal
The university is offering up to two acres of land for a public safety facility at a location mutually agreed
to by both parties. The university is offering this land in lieu of the PILOT program.
Staff Alignment: Aligned
City and CU Boulder staff are aligned on this proposal.
Background: City-CU Boulder Agreements
There are several existing review processes for other CU Boulder campuses:
• The Memorandum of Understanding (MOU) between the city and CU Boulder for the Grandview
site (Oct. 11, 2016) provides terms for the submittal and city review of Concept and Site
Development Plans. City comments are provided through the Planning Director to the university
within 45 days and the university “shall take the city’s recommendations into consideration before
adopting said plans.”
• An MOU for the Research Park on the East Campus (Dec. 16, 1986) requires that the City Manager
be notified of proposed projects that have received approval for development. The City Council
may then formally request that such development not proceed or that it be changed in a significant
way. To do so, the city would request that the Board of Regents include the project as an agenda
item at a public meeting prior to determining if a development will proceed. The city also receives
development plans prior to approval for review and comment.
• An MOU for Williams Village (Dec. 14, 2001) requires that the university submit:
o A draft of the master site development plan at least 90 days prior to construction;
o Draft design guidelines; and
o Construction plans for any facility over 5,000 square feet.
o The city provides comments through the Planning Director within 45 days, at which time
the university will “take the city’s recommendations into consideration before adopting said
document.”
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 33 of 101
BRIEFING BOOK I CU SOUTH ANNEXATION 25DRAFTDRAFTWetland Protection (Term Sheet Topic #34)
Policy Guidance
Wetland will be maintained, preserved, protected, restored and enhanced in a manner consistent with
the City’s Land Use Code (CU South Guiding Principles).
Proposal
CU Boulder will be responsible for obtaining all necessary environmental permits and mitigate for
environmental impacts resulting from any development on CU Boulder land, including a City of Boulder
Stream, Wetland and Water Body permit.
Staff Alignment: Aligned
City and CU Boulder staff are aligned with this topic.
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 34 of 101
CU SOUTH ANNEXATION I BRIEFING BOOK26 DRAFTPark, Urban and Other Tract
Summary
The Park, Urban and Other (PK-U/O) area consists of 60 acres along
the north portion of the site. The intent of the PK-U/O land use is
intended to include public lands used for a variety of active and passive
recreational purposes and for flood control purposes. The CU South
Guiding Principles prioritize the construction of the South Boulder
Creek Flood Mitigation project in the PK-U/O area. Secondarily, the
guiding principles recommend exploring opportunities for passive
and active recreation activities, or other uses compatible with the
floodwater mitigation system and where possible, conserve and/or
restore areas within the flood mitigation facilities with high ecological
value and mitigate impacts.
Flood Mitigation (Term Sheet Topics #6 - 10)
Policy Guidance
The CU South Guiding Principles state, in part:
• The site will provide adequate areas for construction, maintenance and operation of City flood
control dams, appurtenances and associated flood storage, including freeboard to reduce flood
risks.
• Specific real property ownership, easements, and/or agreements will be established during
annexation for the area necessary for floodwater improvements and other uses (plus or minus some
land area).
Proposal
o CU Boulder has agreed to convey to the city, in fee simple, up to 80 acres of the site for its
flood mitigation project, or to be used for open space mitigation. The flood mitigation project
requires approximately 36 acres of land for the flood mitigation project, leaving 44 acres for
open space mitigation.
o Future development within a floodplain (e.g., concessions, restrooms) will be subject to the
City’s floodplain regulations and will require floodplain development permit(s), consistent with
how other university campuses are administered.
Staff Alignment: Aligned
City and CU Boulder staff are in alignment for implementing the South Boulder Creek flood mitigation
project.
PK-
U/O
PUB
OS-O
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 35 of 101
BRIEFING BOOK I CU SOUTH ANNEXATION 27DRAFTDRAFTRecreation Fields (Term Sheet Topics #11)
Policy Guidance
Explore opportunities for passive and active recreation activities, or other uses compatible with the
floodwater mitigation system and where possible, conserve and/or restore areas within the flood
mitigation facilities with high ecological value and mitigate impacts (CU South Guiding Principles).
Proposal
o CU Boulder has stated a requirement for 30 acres of appropriately graded land available for
construction of future recreation/athletic facilities. The land must be situated on the property
in a manner that provides reasonable ingress and egress (including ADA accessibility) for
site visitors, teams, service vehicles, as well as proximate space for related facilities such as
concessions, restrooms, and storage.
o Based on initial rough calculations and preliminary flood structure design, the university
identified approximately 12 acres of land within the Park, Urban and Other area suitable for
recreation fields and has proposed placing any additional area required for recreation fields
within the Open Space – Other area.
o The city and university will identify appropriate locations for fencing adjacent to city open space
land and a 20’ minimum setback will be established from the eastern property boundary.
Staff Alignment: Not Aligned
City and CU Boulder staff are aligned on all but one portion of this proposal: placing recreation fields
within the Open Space – Other area. City staff proposed that, should the Park, Urban and Other area not
be suitable for recreation fields, an earnest evaluation of additional potential sites on the Public area,
elsewhere on the CU Boulder campus, or off-site locations within the proximity of CU South be pursued.
Background
The South Boulder Creek has significantly flooded six times over the past 80 years, with overtopping
of US36 occurring in 1969 and 2013. As a result, the city has been working to mitigate future flooding
impacts over the last decade. The South Boulder Creek Major Drainageway Plan was accepted by City
Council in 2015 and included three phases of flood mitigation along the South Boulder Creek. The city is
currently working on developing a design for Phase I of this plan.
Phase I involves a regional detention facility along US 36 within the CDOT right-of-way, on City of
Boulder open space and the University of Colorado Boulder’s South Campus (CU South). Phase I will
provide protection for approximately 2,300 people in the South Boulder Creek floodplain, and major
transportation and utilities infrastructure including US 36 and Foothills Parkway.
The project is being designed to provide flood protection while minimizing environmental impacts;
including impacts to wetlands, threatened and endangered species and existing open space and state
natural areas.
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 36 of 101
CU SOUTH ANNEXATION I BRIEFING BOOK28 DRAFTProposed
Recreation
Fields
(12 acres)
Park, Urban and Other Tract
Key Issues
Detention Area
Floodwall
Area of Fill
Primary Access
(S. Loop Dr.)
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 37 of 101
BRIEFING BOOK I CU SOUTH ANNEXATION 29DRAFTDRAFTExisting view: Eastbound US36
Proposed fill and floodwall as seen from eastbound US36
Area of Fill (Park,
Urban & Other Tract)
Floodwall
Photo Location
**
Photo Simulations of the Flood Mitigation Project
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 38 of 101
CU SOUTH ANNEXATION I BRIEFING BOOK30 DRAFTExisting view: US36 Bike Path
Proposed Floodwall along US36 Bike Path
Photo Location**Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 39 of 101
BRIEFING BOOK I CU SOUTH ANNEXATION 31DRAFTDRAFTExisting view: US36 bike path looking southeast
Proposed Floodwall along US36 bike path
Photo Location**Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 40 of 101
CU SOUTH ANNEXATION I BRIEFING BOOK32 DRAFTExisting view: South Loop Drive looking east
Proposed embankment along South Loop Drive looking east
Photo Location
**
Proposed elevated
access road (“future”
South Loop Drive)
Informal Parking Lot
(not shown)
To Table Mesa
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 41 of 101
BRIEFING BOOK I CU SOUTH ANNEXATION 33DRAFTDRAFTExisting view: South Boulder Creek Trail looking Northwest
Proposed embankment along South Loop Drive looking east
Photo
Location
**
Proposed floodwall
along US36
US36
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 42 of 101
CU SOUTH ANNEXATION I BRIEFING BOOK34 DRAFTPublic Tract
Summary
The Development Tract would consist of 129 acres of land on CU South
that is designated Public in the Boulder Valley Comprehensive Plan.
New urban development, predominantly university housing and some
academic facilities (but no large scale research complexes or high-
rise buildings), would occur in the Development Tract. The intent of
the topics in this section is to provide as much certainly about future
development within existing constraints, namely:
• Property Size: At just over 300 acres in size, CU South is the
largest undeveloped site within Area II of the BVCP. Area II is
defined as land now under county jurisdiction where annexation
to the city can be considered consistent with BVCP policies.
• No Site Plan: University master planning for CU South is several years away. However, significant
flooding events in the area have prompted the city to expeditiously pursue a flood mitigation project
that requires a portion of the CU South site; that portion of the property only becomes available
to the city only after annexation of the entire CU South site. As a result, the annexation agreement
would need to detail certain development standards that control the type and intensity of future
development, but not the exact type and location that a traditional site plan would detail.
• State Entity: As a state entity, CU Boulder is excempt from the city’s development standards for
university-related development. Therefore, only the development standards specifically detailed in
the annexation agreement can be enforced on the site (e.g., height of buildings).
Housing will be the predominant use in the Development Tract, with a target of 1,100 residential units and
the final number determined by transportation performance and other site constraints. While the site may
include a mix of residential and facilities, housing will emphasize non-residential uses. The university has
proposed the housing units be intended for faculty, staff, graduate students and non-first year students.
PK-
U/O
PUB
OS-O
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 43 of 101
BRIEFING BOOK I CU SOUTH ANNEXATION 35DRAFTDRAFTViewsheds (Term Sheet Topic #32)
Policy Guidance
The CU South Guiding Principles state that:
• Buildings will be designed and sited in a manner to protect views and contribute positively to the
character of the city’s “gateway”.
• Building heights will transition gently from the open space and to neighborhoods to the west.
• Building location, massing and height will protect and complement views of the mountain
backdrop, particularly the viewsheds from the US Highway 36 bike path, the South Boulder Creek
Trail, US Highway 36 and State Highway 93.
Proposal
CU Boulder proposed to limit the height of buildings on the site to 55 feet. Fifty-five-foot buildings may
not be appropriate in all areas of the site, particularly as the elevation increases towards the west. A
“height ceiling” concept is proposed that would further limit buildings on the site to a specific elevation.
The elevation of the height ceiling would be measured from an existing surveyed point. This would result
in buildings being scale down as the elevation increases towards adjacent residential subdivisions.
Staff Alignment: Aligned
City and CU Boulder staff are aligned on this concept.
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CU SOUTH ANNEXATION I BRIEFING BOOK36 DRAFTBuilding Height (Term Sheet Topic #33)
Policy Guidance
Building heights will maintain general consistency with the city’s height limits, with buildings varying in
height and visual interest (CU South Guiding Principles).
Proposal
CU Boulder proposed to limit the height of buildings on the site to 55 feet and measured as:
• The vertical distance from the lowest point within twenty-five feet of the tallest side of the structure
to the uppermost point of the roof.
• The lowest point shall be calculated using the natural grade. The tallest side shall be that side
whose lowest exposed exterior point is lower in elevation than the lowest exposed exterior point of
any other side of the building.
Staff Alignment: Aligned
City and CU Boulder staff are aligned on how to measure building height.
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 45 of 101
BRIEFING BOOK I CU SOUTH ANNEXATION 37DRAFTDRAFTSteep Slopes (Term Sheet Topic #33)
Policy Guidance
• The CU South Guiding Principles state that:
o Development on slopes at or exceeding 15 percent will be minimized in a manner consistent
with the city’s Land Use Code.
o Residential development will be of high quality and contextually appropriate to neighboring
properties.
• Section 9-2-17 of the City’s Land Use Code states that “in annexations of hillside areas, the
City council may impose conditions designed to mitigate the effects of development on lands
containing slopes of fifteen percent or greater.” Several areas along the western portion of the site
contain slopes that exceed 15 percent.
Proposal
• No development will occur on areas with a 15% slope or greater.
• Designate the area along the southwest portion of the site as a “Limited Impact Zone” that includes
additional limitations intended to transition development to the adjacent single family subdivision
(Hy View subdivision).
Staff Alignment: Mostly Aligned
• City and CU Boulder staff generally agree on avoiding steep slopes.
• City staff prefers that the “Limited Impact Zone” include specific standards for ensuring
compatibility with adjacent land uses and specific steps to be taken to account for the suitability for
future development and access (e.g. noise mitigation, lighting, etc.).
Clustered, Village Design (Term Sheet Topic #36)
Policy Guidance
The CU South Guiding Principles state:
• Residential development will be of high quality and contextually appropriate to neighboring
properties.
• Development will be compact, clustered in a village style. Any non-residential buildings will be
human-scaled.
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CU SOUTH ANNEXATION I BRIEFING BOOK38 DRAFTProposal
City staff proposed high-level definitions/guideliens and CU Boulder has committed to responding
by Nov. 1 2020. City staff proposed that the guidelines be included in the annexation agreement and
incorporated into the CU South Master Plan. The proposed definitions include:
• “High Quality”: Building Design Quality and Aesthetics. Design high-quality buildings that are
compatible with the character of the area through simple, proportional, and varied design, high
quality and natural building materials that create a sense of permanence, and building detailing,
materials and proportions (referenced from Boulder Land Use Code §M-1-3).
• “Compact, clustered in a village style”: The heart of the village will have a recognizable center,
discrete physical boundaries, and a pedestrian scale and orientation. Residential buildings will
be located in a contiguous group, with adjacent and fronting lots oriented toward each other in
some ordered geometric way—as on a street, a green, or a paved square—and forming a distinct
boundary with the surrounding countryside. Future planning will emphasize an orderly mix of land
uses that meets the daily needs of on-site residents. This mix is intended to contain convenience
retail, food services, personnel, and other student service uses as determined through further
planning and consistent with University needs. Direct pedestrian linkages will be provided between
residential and non-residential uses.
• Human-scaled: Projects are designed to a human scale and promote a safe and vibrant pedestrian
experience through the location of building frontages along public streets, plazas, sidewalks and
paths, and through the use of building elements, design details and landscape materials that
include, without limitation, the location of entrances and windows, and the creation of transparency
and activity at the pedestrian level (referenced from Boulder Land Use Code §M-1-3).• Usable open
space is arranged to be accessible and functional and incorporates quality landscaping, a mixture of
sun and shade and places to gather. Open space designated for active recreational purposes is of a
size that it will be functionally useable and located in a safe and convenient proximity to the uses to
which it is meant to serve.
Staff Alignment: TBD
CU Boulder has committed to responding to the city by Nov. 1, 2020.
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BRIEFING BOOK I CU SOUTH ANNEXATION 39DRAFTDRAFTPublic Access (Term Sheet Topic #39)
Policy Guidance
Access will continue to be allowed on the site consistent with public access provided on other CU
campuses (CU South Guiding Principles).
Proposal
• Access will continue to be allowed on the site consistent with public access provided on other CU
campuses. CU will consider site amenities for public enjoyment during later designing phases.
• CU Boulder agrees to have future conversations with Parks and Recreation staff and the Boulder
Valley School District to determine the future uses/needs for public recreation and the total acreage
and placement they require.
• The university will collaborate with City of Boulder Parks and Recreation on mutually acceptable
design standards for development of parks and recreation facilities.
Staff Alignment: More information Needed
City and CU Boulder staff are generally aligned on this topic. City staff has expressed interest in the
following:
• A formal running track with field sports as part of the Campus Master Plan update. Throughout the
past several years, the City has gotten increasing numbers of track and field athletes approaching
the City and requesting a new facility for these types of sports. This is in large part to decreased
access of the public on to CU Boulder tracks and limited availability on Boulder Valley School
District tracks. A new track and field venue at CU South, with some level of public access, would
solve many of these types of challenges.
• A publicly accessible dog park in their future plans for CU South. This area has long performed as
an off-leash dog area for all the various residential areas adjacent to the site and this area of the
City could use a designated dog park. Currently, the City provides dog parks in the east part of the
City (East Boulder Community Park, Valmont) and the north at Foothills Community Park. university
considering a running track with field sports as part of the Campus Master Plan update and a
publicly accessible dog park.
CU Boulder is open to further discussions of this proposal with the community, city and school district.
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 48 of 101
CU SOUTH ANNEXATION I BRIEFING BOOK40 DRAFTProhibited Uses (Term Sheet Topic #40)
Policy Guidance
Use restrictions: The site will not include large-scale sport venues (i.e., football stadium), high rise buildings
(maintaining substantial consistency with the city’s height limits), large research complexes, such as those
on East Campus, roadway bypass between Highway 93 and Highway 36 or first-year student housing (CU
South Guiding Principles).
Proposal
CU Boulder proposed that the guiding principles and examples above provide sufficient guidance along
with the other restrictions CU has agreed to such as the 55 foot height limitation, viewshed protection
and housing as the predominant use of the site (specifically not including non-first year student housing).
Staff Alignment: More Information Needed
City staff will be charged with administering the terms of the annexation agreement and as such, need
specific definitions to confirm compliance of future plans. An example definition includes:
Sport Venue, Large means any establishment whose main purpose is to provide the general public with an
amusing or entertaining activity and where tickets are sold or fees are collected for the activity. Common
characteristics of a Large Sport Venue include open or enclosed space and tiers of seats around a field
or court for use by event spectators. Such buildings are often used for football, baseball and basketball
games, in addition to other public gathering purposes such as conventions, circuses or concerts. A Large
Sport Venue man be enclosed or have an open roof.
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BRIEFING BOOK I CU SOUTH ANNEXATION 41DRAFTDRAFTLand Use Mix (Term Sheet Topics #41 - 44)
Policy Guidance
The CU South Guiding Principles state that:
• Housing will be the predominant use of the site for areas not used for flood mitigation (i.e., with a
target of 1,100 residential units and the final number guided by transportation performance and
other site constraints), although the site may include a mix of residential and non-residential and
facilities. The site will emphasize housing units over non-residential space (jobs) to help balance
jobs and housing in the community.
• Housing on the site will meet the needs of university faculty, staff and non-freshmen students in
order to address the fact that Boulder housing is currently unaffordable to faculty, staff and students.
Providing workforce and non-freshmen housing will contribute positively to the community’s
housing affordability goals and aid the university in its recruitment and retention. Housing should
be mutually beneficial to the community and university and integrated with needs of the community
rather than built as isolated enclaves.
• Except for recreation facilities, development will be phased such that non-residential space will
be phased after a significant amount of housing is built. Later phases will be dependent on
demonstrating that initial phases achieve objectives of mitigating impacts.
• The overall non-residential space footprint will be minimized and support and benefit the
convenience of the residents, employees and visitors to residential and recreational uses of the
property.
• The exact amount, types and location of residential and non-residential space will be refined
to minimize impacts as a long-term master plan is developed and as transportation analysis is
conducted.
• Academic facilities will include space for research and/or education pertaining to natural
environment, such as ecological restoration, floodplains and related topics.
Proposal
• CU Boulder will prioritize building housing for faculty, staff, graduate students and non-first year
students on the Property, provided that “multiple access points of access” are made available to
the site.
• No first-year student housing, fraternities or sororities will be located on the site.
• A forthcoming multi-modal transportation study will guide decisions around the appropriate
amount and type of future development.
• A phasing schedule will be developed in the future as part of a micro master plan for the site, which
the city can provide input on as provided in the annexation agreement.
Staff Alignment: More Information Needed
City staff will be charged with administering the terms of the annexation agreement and as such, need
more specific information such as:
• Details on what a “significant amount of housing” means in the context of phasing non-residential
development.
• Definitions for the types of housing proposed and for prohibited uses .
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Agenda Item 5A Page 50 of 101
CU SOUTH ANNEXATION I BRIEFING BOOK42 DRAFTLimited Impact
Zone Concept
Development Tract
Key Issues
Area of Fill
Possible
Secondary
Access (SH93)
Possible
Secondary
Access (Tantra)
Relocate Tennis
Courts
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CU SOUTH ANNEXATION I BRIEFING BOOK44 DRAFTOpen Space Tract
Summary
The Open Space Tract would consist of 119 acres of land on CU South
that is designated Open Space – Other (OS-O) in the Boulder Valley
Comprehensive Plan. The OS-O land use designation indicates land in
the Boulder Valley designated prior to 1981 that the city and county
would like to preserve through various preservation methods, including
but not limited to intergovernmental agreements, dedications of
acquisitions. By itself, this designation does not ensure open space
protection.
The CU South Guiding Principles sets a general vision for two portions
of the OS-O: the area within the 100-year floodplain/“outside the
existing levee” and within the “Area Protected by Levee”. The area
PK-
U/O
PUB
OS-O
Area Protected
by Levee
Existing
Levee
( )
within the 100-year floodplain, indicted on the map below as “High Hazard Area”, is intended for open
space and restoration. The “Area Protected by Levee” is a FEMA designation indicating the portion of the
site protected by the existing levee system, which is similar to the extent of the 500-year floodplain. The
CU South Guiding Principles envisions the “Area Protected by Levee” as a site for open space, restoration
and where suitable, limited structural build areas (e.g., community gardens, recreation, solar gardens, etc.)
No enclosed buildings will be permitted in the 100- or 500-year floodplains and the city prefers that the
existing levee system be removed to promote the natural floodplain and habitat connectivity.
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BRIEFING BOOK I CU SOUTH ANNEXATION 45DRAFTDRAFTOpen Space Conveyance (Term Sheet Topics #21, 22)
Policy Guidance
The CU South Guiding Principles describe the intended uses within the Open Space – Other Tract,
including:
Area within the 100-year Floodplain
• Protect Open Space: Minimize disturbance to protect this area given its potential for high open
space value and presence of sensitive species. Maintain and create recreation opportunities that
do not significantly conflict with ecological values. Trail connections to open space trails would
follow a typical city public process. Where appropriate, support open space-related educational
and research opportunities. Specific real property ownership, easements, and/or agreements will be
established during annexation.
• Resource restoration: Seek opportunities for ecological restoration and improvement. Not all of the
site is currently high-value for wetland function and floodplain connection due to past land uses,
but could be enhanced to benefit the site itself as well as adjacent city natural areas. The city seeks
to partner with CU to incorporate open space values and restoration values.
• South Boulder Creek: Protect and when possible restore wildlife habitat, grasslands, wetlands and
streams to improve the delivery of open space values except for park and recreational facilities
designed to be located within the floodplain.
• Collaborate with city and county on open space: The city and county will partner with CU to
incorporate open space values, maximize conservation, education and recreational opportunities
and leverage city and county resources.
Area Protected by Levee System
• Compensatory mitigation: Floodplain functions, including wetlands and flood mitigation, may be
restored as part of compensatory mitigation for impacts elsewhere on site.
• Open space, restoration and recreation: In this area, the city will conduct further analysis of the
impacts of removing the levee on flood mitigation design, evaluate potential ecological values
and recreation opportunities and seek to collaborate with CU to protect and improve the delivery
of open space, restore high ecological value areas and/or provide areas for recreation in lower
ecological value areas. The city and CU will work together to achieve greater open space acreage
as part of either larger city open space conservation areas or limited-structural build, such as
community gardens, recreation, solar gardens, etc.
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CU SOUTH ANNEXATION I BRIEFING BOOK46 DRAFTProposal
• Convey land within 100-year floodplain / Outside the Existing Levee to the city as open space.
CU Boulder has proposed that 80 acres be available to the city, at no cost, as part of the flood
mitigation project. Any portion of the 80 acres not needed for flood mitigation may be applied
to land within the Open Space – Other area (i.e., conveyed to the city as open space). The city
currently anticipates needing 36 acres for the flood mitigation project, leaving 44 acres conveyed to
the city at no cost for open space. The area within the 100-year floodplain and outside the existing
levee is roughly 44 acres.
• The city may purchase, at fair market value, any additional portions of the OS-O area.
• If necessary to provide sufficient area for future rec fields, CU Boulder would retain a small to-be-
determined portion of the OS-O area along its border with the PK-U/O area.
Staff Alignment: Not Aligned
• The city and CU Boulder agree to convey land (44 acres) within the 100-year floodplain/outside the
existing levee to the city as open space.
• The city and CU Boulder agree that the city may purchase additional open space, pending an
appraisal of the land value.
• City staff disagrees with the proposal to use a to-be-determined portion of the OS-O land for future
recreation facilities. City staff is seeking to implement a recommendation by the Open Space Board
of Trustees to convey and/or protect the entire 119 acres of OS-O land.
Remove the Existing Levee System (Term Sheet Topic #16)
Policy Guidance
The CU South Guiding Principles state:
Levee system: The city will seek to work with CU to evaluate removal of the levee, including potential
improved delivery of open space values, ecological restoration or enhancement benefits. CU will remain
responsible for maintaining certification of the existing flood control levee on the site through the Federal
Emergency Management Agency (FEMA), including but not limited to any operation, maintenance or
replacement.
The City of Boulder Open Space Board of Trustees previously recommended that: If Council ultimately
chooses to proceed with any of the proposed versions of Variant 1, it will be critical to both remove
the CU South levee and to restore, including but not limited to, all 119 acres of OS-O land, as part
of a comprehensive mitigation plan. This provides the best opportunity to reconnect those lands with
the floodplain and to accomplish mitigation in the immediate project area, something that is always
desirable, and in many cases, mandatory for regulatory compliance.
Proposal
The city would remove the existing levee system if it purchases that portion of the OS-O area.
Attachment B - Draft Annexation Briefing Book
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BRIEFING BOOK I CU SOUTH ANNEXATION 47DRAFTDRAFTStructures in the 500-year Floodplain (Term Sheet Topic #37)
Policy Guidance
No enclosed academic space, offices, or residential structures in the Area Protected by Levee or FEMA
500-year floodplain: Such buildings would be constructed outside of this area (CU South Guiding
Principles).
Proposal
No enclosed academic space, offices, or residential structures will be constructed in the Area Protected
by Levee or FEMA 500-year floodplain.
Staff Alignment: More Information Needed
City and CU Boulder staff are aligned on this proposal. City staff’s position, as with other topics, is that the
terms referenced in this proposal must be defined in the annexation agreement.
Staff Alignment: Aligned
The city and CU Boulder agree on the proposal, pending an appraisal of the land value.
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CU SOUTH ANNEXATION I BRIEFING BOOK48 DRAFTConvey as city
open space
(44 acres)
Open Space Tract
Key Issues
Remove
Levee
City purchases
for open space
(40 acres)
City purchases
for open space
or CU Protects
(35 acres)
CU Boulder
proposes
recreation fields
(amount TBD)
Proposed: To-
be-determined
recreation fields.
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CU SOUTH ANNEXATION I BRIEFING BOOK50 DRAFTTransportation
Summary
A transportation study is underway to analyze the bus, bike, pedestrian
and vehicular demand for the uses anticipated in the CU South Guiding
Principles. The study will contemplate a “trip budget” program with
compliance mechanisms (timing, compliance and methodology). A trip
budget will be the maximum allowable number of trips to the site.
The study will also inform the approximate location of a multi-modal
mobility hub within the CU South campus.
Study Un
d
e
r
w
a
y
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CU SOUTH ANNEXATION I BRIEFING BOOK52 DRAFTEXISTING CONDITIONS
This chapter is intended to be a quick reference guide for existing conditions on the site and
surrounding area, with a focus on topics relating to the proposed annexation.
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BRIEFING BOOK I CU SOUTH ANNEXATION 53DRAFTDRAFTThe CU Boulder campus primarily includes three developed properties within the City of Boulder: the 313-acre Main
Campus (#1), the 201-acre East Campus (#2) and 66 acres at Williams Village (#3). The 308-acre CU South campus
remains generally undeveloped (#4). The 190-acre Mountain Research Station, not shown above, is situated in the
mountains west of Boulder between Nederland and Ward.
University of Colorado Boulder Land
1
2
3
4
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CU SOUTH ANNEXATION I BRIEFING BOOK54 DRAFTCU Boulder South Campus Today
Public access is currently taken from South Loop Drive, which terminates in an informal and unimproved parking
area (#1). Gated access provides university and other staff access to a system of unimproved service roads. Existing
improvements on the site include a storage building permitted several decades ago (#2) and 12 NCAA, Division I
tennis courts (#3).
1 2
3
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BRIEFING BOOK I CU SOUTH ANNEXATION 55DRAFTDRAFTLand Uses
The Boulder Valley Comprehensive Plan (BVCP) Land Use Map depicts a plan of the desired land use pattern in
the Boulder Valley, and are used as a guide for future zoning and policy decisions. The city and county approved
three land uses for CU South in 2017. The Public land use is intended to accommodate future university needs -
predominantly housing for faculty, staff, graduate students and non-first year students. The Park, Urban & Other
land use is intended to include the city’s flood mitigation project and future university recreation facilities. The Open
Space – Other designation indicates land that the city would like to preserve.
129 Acres
60 Acres
119 Acres
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CU SOUTH ANNEXATION I BRIEFING BOOK56 DRAFTPlanning Areas
The Service Area concept and the creation of Areas I, II, and III is one of the keystones of the Boulder Valley
Comprehensive Plan, and in combination with joint city/county decision-making, distinguishes the plan from many
others in the state and country. Area I (the city) and Area II (the area planned for annexation and service provision)
form the city’s service area. Area III was defined in 1977 to not accommodate urban development so that the rural
character should be preserved and protected. CU South is located in Area II.
Area II
CU South
Area III
City Open Space
Area I
City of Boulder
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BRIEFING BOOK I CU SOUTH ANNEXATION 57DRAFTDRAFTCity Zoning
Adjacent city zoning includes: Residential Medium – 1 (RM-1) to the northwest that include uses ranging from
affordable rentals (Bridgewalk), apartments (Tantra Lakes) and the South Creek shopping center. Residential Low
– 1 (RL-1) to the southwest includes the established Hy View subdivision. The Residential High – 5 (RH-5) generally
includes the RTD Park-n-Ride facility and apartments. The Business Transitional – 1 (BT-1) district to the north includes
a range of uses from condos to office space. Lastly, the Public district includes city open space annexed in 1995.
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CU SOUTH ANNEXATION I BRIEFING BOOK58 DRAFTCounty Zoning
Three county zoning districts exist on the site. The Economic Development district permits one dwelling unit per
35 acres on land not served by public water and sewer facilities, and a variety of non-residential uses permitted
through Special Review (e.g., office, industrial, recreational). The Rural Residential District is primarily a single family
residential and agricultural zone although a variety of other uses may be permitted with a planning approval; density
in that district is determined by a 35-acre minimum lot size (or one aces in a community service area on subdivided
land.) The Agricultural District covers rural areas where a 35-acre minimum lot size is required, uses permitted by
right within the district are intended to support agricultural activities and permit residential development compatible
with agricultural uses.
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BRIEFING BOOK I CU SOUTH ANNEXATION 59DRAFTDRAFTCity Parks and Recreation Land
Tantra Park is neighborhood park of roughly 20 acres adjacent to CU South. Neighborhood parks in Boulder are
meant to serve community members within a 10-minute walk from the park. Tantra Park includes a playground
renovated in 2017, a picnic shelter and tables, and an area for slacklining. Tantra Park also includes a reservable
multi-use athletic field. 1 M ile
1/2 M i l e
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CU SOUTH ANNEXATION I BRIEFING BOOK60 DRAFTThe adjacent city-owned OSMP lands are part of the South Boulder Creek State Natural Area, designated by the
State of Colorado in recognition of the statewide significance of its exceptional tallgrass prairie which is the highest-
quality remaining tallgrass prairie in the state and the region. Other significant resources of these lands include
wetlands that are among the best preserved and most ecologically significant in the Boulder Valley; a population of
the federally-threatened Preble’s meadow jumping mouse; an important occurrence of the federally-threatened Ute
ladies’ tresses orchid; and a population of northern leopard frog, a species experiencing marked declines along the
Front Range and classified as sensitive in nine Western U.S. states.
City of Boulder Open Space
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BRIEFING BOOK I CU SOUTH ANNEXATION 61DRAFTDRAFTBFR serves the 25 square miles of incorporated Boulder and the 75 square miles of unincorporated open space
surrounding the city with an all-hazards response and prevention team of professionals.
City Fire Stations and Response Areas
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CU SOUTH ANNEXATION I BRIEFING BOOK62 DRAFTThe public makes regular use of the trails for exercise (walking, trail running and cross-country skiing) and off-leash
dog walking. The city holds an easement along the south portion of the site where the South Boulder Creek trail
crosses the property.
Trails
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BRIEFING BOOK I CU SOUTH ANNEXATION 63DRAFTDRAFTSignificant flooding has occurred on South Boulder Creek in 1938, the 1950’s (1951, 1952 and 1957), 1969 and 2013.
US36 overtopped during the flooding in 1969 and 2013. The 2013 flood was estimated at between a 50-year and
100-year flood event in South Boulder Creek. The flooding in 2013 accounted for some of the greatest property
damage in the City of Boulder - approximately $38 million.
Existing Floodplains
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CU SOUTH ANNEXATION I BRIEFING BOOK64 DRAFTSteep slopes (exceeding 15% grade) are predominately located on the southwest portion of the site. The uppermost
elevation of the hillside is slightly lower in than that of the adjacent Hy View Subdivision. This portion of the site was
historically designated Low Density Residential in the Boulder Valley Comprehensive Plan. In annexation of hillside
areas, City Council may impose conditions designed to mitigate the effects of development on lands containing
slopes of 15% of greater.
Steep Slopes
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BRIEFING BOOK I CU SOUTH ANNEXATION 65DRAFTDRAFTThe site is about 500 feet from the South Boulder Creek. Dry Creek Ditch No. 2 runs along the interior of the eastern
border, Beak Creek Ditch along is in the western portion of the site. Viele Chanel runs along the north portion site
(just north of the city’s planned flood mitigation project).
Ditches
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CU SOUTH ANNEXATION I BRIEFING BOOK66 DRAFTConservation Suitability
Biohabitats conducted a conservation suitability analysis to inform the land use changes made in 2017. This map
shows areas with the highest density of sensitive ecological features as a darker shade of yellow. The analysis suggests
that the eastern perimeter and the southern wetlands have the highest sensitivity to disturbance or development.
The central portion of the property and the western edge have lower rankings for conservation values making them
less sensitive to disturbance or development.
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Agenda Item 5A Page 75 of 101
BRIEFING BOOK I CU SOUTH ANNEXATION 67DRAFTDRAFTBiohabitats conducted a conservation suitability analysis to inform the land use changes made in 2017. This diagram
includes a sketch depicting connectivity potential between the CU South property and nearby areas containing
native plant associations and Preble’s meadow jumping mouse habitat. Connectivity potential was based generally
on proximity, potential for seed dispersal, and wildlife usage. As indicated in the figure, the highest potential areas
for connectivity are to the south and east of the CU property where OSMP-protected areas adjoin the property.
Habitat Connectivity
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 76 of 101
CU SOUTH ANNEXATION I BRIEFING BOOK68 DRAFTLandscape Character
Preliminary Assessment
The following diagram represents a rapid assessment of quality landscape character at a series of viewpoints
throughout the site. This was based was based in part on the USFS Landscape Aesthetics Handbook for Scenery
Management (USDA FS 1995). The key elements taken from that guidance document were a general understanding
of landscape character, attractiveness, and views of natural resources within different distance zones. The analysis
examined locations within the site and also considered views outward from and across the site toward the west.
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 77 of 101
BRIEFING BOOK I CU SOUTH ANNEXATION 69DRAFTDRAFTLandscape Character, cont.
Viewpoints from US36
Majority of the foreground visible from US 36 is city-owned open space. The CU South property is located behind
the tree line which outlines the property boundary. The residential neighborhood directly west of the site is partially
visible from US 36, and is located approximately .6 miles away and elevated 100 feet higher. Currently, the view of
CU South is screened by the existing tree line, as shown in the photos #1 and #2.
Viewpoint from Western Edge
The quality of the views from the western edge of the site
are consistent with one another. Wider views and exposure
to open space is found on the most elevated parts of the
site, located south-east of Tantra Park.
1
2
3 3
4
4
1
2
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 78 of 101
CU Response
10/5/20
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Topic #Topic Item
1 Key Issue Level of detail needed for submittal (i.e. site plan)
City Policies or Council Direction No direct guidance in BVCP.
CU Statement (Feb. 2, 2019)The Application includes all items specified as being required therein. Submission of a site plan is not a requirement for annexation and CU Boulder will not submit a site
plan with the Application; however, CU Boulder participated in the development of the Guiding Principles, which set forth detailed agreements with respect to future
development on the Property. The University is providing additional detail in this Written Statement.
Staff Response to Feb. 2, 2019 CU Statement Informational Comment
During their study session on Oct. 9, 2018, City Council members showed interest in further clarifying aspects identified in the Guiding Principles (e.g. defining a “village
concept”) and exploring a scenario-based approach outlining standards and design guidelines for different circumstances. See comments below for more information on
those topics.
CU Response - January 16, 2020 Future discussions on level of detail for submittals will occur after all key issues have been resolved.
City Response - August 31, 2020 City Council and Planning Board members have expressed concerns about the lack of specifiCity in the submitted annexation application. City and University staff appear to
be an agreement that guiding principle concepts can be further defined. City staff urges the applicant to consider any additional information that can be provided to provide
greater certainty about future development in lieu of a site plan.
CU Response - October 5, 2020 CU is working on overarching design guidelines for CU Boulder South to address Council and Planning Board concerns regarding future development and will provide a
draft of the design guidelines to the City by November 1.
BVCP Guiding Principles stated that the University does not have a master plan at this site, but is working towards future standards in the future in Section 2.d. under “Land
Use Mix”, the following text appears:
“The exact amount, types and location of residential and non-residential space will be refined to minimize impacts as a long-term master plan is developed and as
transportation analysis is conducted.”
In addition, under "Land Use Mix" on page 4 of the Guiding Principles, we have agreed that:
1. Housing for University needs. Housing on the site will meet the needs of University faculty, staff and non-freshmen students in order to address the fact that Boulder
housing is currently unaffordable to faculty, staff and students. Providing workforce and non-freshmen housing will contribute positively to the community’s housing
affordability goals and aid the University in its recruitment and retention. Housing should be mutually beneficial to the community and University and integrated with needs of
the community rather than built as isolated enclaves.
2. Residential units and non-residential space.
a. Housing will be the predominant use of the site for areas not used for flood mitigation (i.e., with a target of 1,100 residential units and the final number guided by
transportation performance and other site constraints), although the site may include a mix of residential and non-residential and facilities. The site will emphasize housing
units over nonresidential space (jobs) to help balance jobs and housing in the community.
b. Except for recreation facilities, development will be phased such that non-residential space will be phased after a significant amount of housing is built. Later phases
will be dependent on demonstrating that initial phases achieve objectives of mitigating impacts.
c. The overall non-residential space footprint will be minimized and support and benefit the convenience of the residents, employees, and visitors to residential and
recreational uses of the property.
d. The exact amount, types and location of residential and non-residential space will be refined to minimize impacts as a long-term master plan is developed and as
transportation analysis is conducted.
e. Academic facilities will include space for research and/or education pertaining to natural environment such as ecological restoration, floodplains, and related topics.
Use restrictions. The site will not include large-scale sport venues (i.e., football stadium), high rise buildings (maintaining substantial consistency with the City’s height
limits), large research complexes such as those on east campus, roadway bypass between Highway 93 and Highway 36, or first year student housing.
2 Key Issue Submittal and Other Administrative Notes
City Policies or Council Direction N/A
CU Statement (Feb. 2, 2019)N/A
October 5, 2020: CU Response to City Comments
Alignment Status: “Yes” = General Agreement between City and CU public statements; “Analysis Needed” = analysis and negotiation required;
"Clarification Needed” = Clarification is needed to understand the University’s objective; “No” = City/CU disagreement
Application Detail
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 79 of 101
CU Response
10/5/20
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Staff Response to Feb. 2, 2019 CU Statement Decision-making
Authority Pursuant to B.R.C. 9-4-2 Development Review Procedures, the Planning Board will provide a recommendation to City Council regarding the approval or denial of
the annexation application, and City Council holds Decision Authority.
Case Manager
The case manager for this application is: Phil Kleisler, Planner II kleislerp@bouldercolorado.gov 303-441-4497
Annexation Map
1. Legal Description – remove the easements appurtenant to the property and include only the parcel description.
2. Vicinity Map - revise to appear smaller in scale (such as 1” = 200’ with notation that full-sized map is on Sheets 2 and 3.
3. Map
a. Check each dimension shown on the map to ensure
accuracy and that there is no overlapping text, including call on north property line and the label for CDOT (Bk 880, Page 92) which overlaps subtitle.
b. Please reduce the size of the map so that the entire parcel appears on Sheet 2. (Perhaps, if the scale were 1” - 400’ it would fit). If possible, please remove extra
labels/diagrams not needed on the map since it will be shrunk to be an exhibit attached to the annexation ordinance.
c. Remove the depiction of the 60’ wide easement from the north property line and associated references to deeds and easements.
d. Remove references to references to “See TCE” since the title commitment exceptions are not included.
e. Remove label to “Right-of-Way Access Restriction Film 763, Rec. 010051, See TCE #20) since there is another label for the CDOT ramp.
f. Remove the circle symbols for each survey pin (useful on the survey, but not necessary for this map).
g. Remove references to Carl C. Deepe Ditch and Irrigation Lateral.
h. Remove reference to “Parcel to Discharge Floodwaters (See TCE #10 and Note #10)
Legal Description (8.5 x 11 paper) to attach to ordinance:
1. Remove the references to the easements appurtenant to the property.
2. Revise to ensure accuracy of each dimension to be consistent with the actual measurements as discussed with the surveyor).
Addressing
City staff proposes that both parties coordinate on assigning appropriate street names and building numbers during the University’s Design Development phase. A copy of
the City of Boulder address policy is attached for reference.
Inactive Applications (9-2-6.e)
Notify the case manager in writing if, at any point in the development review process, the applicant is unable to respond to staff comments by providing additional or
corrected materials within sixty days. The City manager may extend the sixty-day period if requested by the applicant prior to its expiration and upon the applicant's
demonstrating good cause for the additional delay.
CU Response - January 16, 2020 The annexation map and Legal Description have been updated and are enclosed.
City Response - August 31, 2020 Noted.
CU Response - October 5, 2020 Complete.
3 Key Issue Initial Zoning
City Policies or Council Direction Pursuant to B.R.C. §9-2-18 Zoning of Annexed Land, zoning of annexed land or land in the process of annexation shall be considered an initial zoning and shall be
consistent with the goals and land use designations of the Boulder Valley Comprehensive Plan.
CU Statement (Feb. 2, 2019)The University recognizes that the City will be making future decisions regarding the specific boundaries of the City's Flood Mitigation Project. The City’s decisions may
require the reduction of the University-required minimum 129 acres designated under the BVCP Land Use Designation as Public/Semi-Public for future CU Boulder
development on the Property. In addition, CU Boulder recognizes that the existing tennis courts may be adversely impacted by the final Project plan and the anticipated site
of recreational fields in the area designated under the BVCP as “PK-UO” may need to be relocated. The City is in the planning phase of the Project and has therefore yet to
determine the land area necessary for the Project.
Given the future decisions to be made, the University requests the City initially zone the entire property “Public” under the City's Land Use Code in order to provide the
flexibility to accommodate changes to the land use boundaries (as established in the BVCP) that may be necessary as a result of changes to the Project plans. Upon
finalization of the Project boundaries, the City may, at its discretion, rezone any area used outside of the aggregate 129 acres designated for University development and
the 30 acres to be used for recreational fields (unless such fields can be reasonably accommodated within the Project area).
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 80 of 101
CU Response
10/5/20
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Staff Response to Feb. 2, 2019 CU Statement Identify options for alternative use of 30 – 36 acres of land necessary for flood mitigation that is currently planned for University housing.
On Feb. 5, 2019, City Council directed staff to move forward with preliminary design for the original Variant 1, 500-year concept for South Boulder Creek flood mitigation. At
the current conceptual level of design, City staff anticipates approximately 30 – 36 acres of land designated Public in the Boulder Valley Comprehensive Plan (BVCP) Land
Use Map will be impacted. The amount of acreage needed will be further refined during the preliminary design process. CU Boulder’s application states that the University
must retain in perpetuity its development rights to a minimum of 129 acres and that any diminishment of that area either (i) be proportionally replaced with land currently
designated Open Space – Other (OS-O) under the BVCP, (ii) the City shall compensate the University in cash for the fair market value of the applicable area, or (iii) provide
land agreeable to the University in another location.
City staff proposes that we jointly explore the following options to address this issue. Please indicate if any of these options are unacceptable to the University. Options
acceptable to both City and University staff will be analyzed further and presented to City boards and City Council for direction in a preferred approach and community
engagement.
• Option 1: Receive an opinion of value for possible City purchase of land before it is annexed into the City.
• Option 2: Explore land available off site for CU to use for development purposes. Please summarize the University’s criteria for selecting off-site locations. Council
members have expressed interest in exploring the Planning Reserve in north Boulder as a potential off-site location. Indicate if the Planning Reserve may or may not meet
the University’s selection criteria.
• Option 3: Determine necessary changes to the University’s development program to allow for University needs to be met within a smaller Development Tract (i.e. the 93 –
99 acres of “Public” land not impacted by the flood mitigation project). For example, the City and University could explore additional density within the smaller Development
Tract in ways that meets the University’s needs and still addresses applicable guiding principles (e.g. viewshed protection, etc.).
City staff does not currently support using a portion of the OS-O area for housing, as that concept is not consistent with the Boulder Valley Comprehensive Plan. The other
options, including but not limited to those noted above, should be pursued prior to examining the suitability of housing in the OS-O area.
Initial Zoning
As part of the Major Update to the Boulder Valley Comprehensive Plan (BVCP) in 2017, the site’s Land Use Designations were changed to:
• Public / Semi-Public (128.9 Acres)
Characteristics and Location: PUB land use designations encompass a wide range of public and private non-profit uses that provide a community service. They are
dispersed throughout the City. Uses: This category includes municipal and public utility services (e.g., the municipal airport, water reservoirs and water and wastewater
treatment plants). It also includes: educational facilities (public and private schools and the University); government offices, such as City and county buildings, libraries and
the jail; government laboratories; and nonprofit facilities (e.g., cemeteries, places of worship, hospitals, retirement complexes) and may include other uses as allowed by
zoning.
CU Response - January 16, 2020 Key Issue #1 - From letter dated 3/28/19
Option 1: Receive an opinion of value for possible City purchase of land before it is annexed into the City.
CU Response: Per the May 20, 2019 letter to City Council, CU Response: We do not see a purchase of an additional 30-36 acres of land as a viable option for the City due
to City Council’s agreement on February 5 that the price of $65 million plus for the deeper version of Variant I 500 that staff presented was too expensive. We currently
estimate the value for developable land in South Boulder as between $1 and $2 million per acre, resulting in a total price ranging between $30 and $72 million. Including the
cost of the additional land would again put the cost of Variant I 500 at $65 million plus.
• Option 2: Explore land available off site for CU to use for development purposes. Please summarize the University’s criteria for selecting off-site locations. Council
members have expressed interest in exploring the Planning Reserve in north Boulder as a potential off-site location. Indicate if the Planning Reserve may or may not meet
the University’s selection criteria.
CU Response: Per the May 20, 2019 letter to City Council, CU Response: In our estimation, there is no reasonably proximate, developable and comparable land available
which can be offered by the City in exchange.The suggested property in Planning Reserve III north of the City is not proximate, not comparable, not developable and not
currently annexable under the BVCP.
• Option 3: Determine necessary changes to the University’s development program to allow for University needs to be met within a smaller Development Tract (i.e. the 93 –
99 acres of “Public” land not impacted by the flood mitigation project). For example, the City and University could explore additional density within the smaller Development
Tract in ways that meets the University’s needs and still addresses applicable guiding principles (e.g. viewshed protection, etc.).
CU Response: Per the May 20, 2019 letter to City Council, CU Response: As stated in our application and in prior communications, the University requires a full 129 acres
for development out of our 308 acres. The University currently has no concept plan for development.
City Response - August 31, 2020 The recent selection of the Variant 1, 100-year option provides the University with 129 acres of land currently designated Public in the BVCP. It is staff's understanding that
the University is now open to a development program consisting of predominantly housing, provided that there are "multiple access points".
CU Response - October 5, 2020 Confirmed, the University is now open to a development program consisting of predominantly housing, provided that there are multiple access points, including access to
Highway 93.
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 81 of 101
CU Response
10/5/20
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4 Key Issue Payment In-lieu of Taxes
City Policies or Council Direction N/A
CU Statement (Feb. 2, 2019)N/A
Staff Response to Feb. 2, 2019 CU Statement The City proposes that CU Boulder make an annual Payment In-lieu of Taxes (PILOT) after it is annexed into the City. Such an agreement will be negotiated prior to
annexation. PILOT agreements are intended to help offset losses in property taxes due to non-taxable land within the City. This agreement would include City services not
currently provided by the University (e.g. Fire and Rescue).
CU Response - January 16, 2020 Key Issue #3 - From letter dated 3/28/19
Establish a Payment In-lieu of Taxes Agreement. The City proposes that CU Boulder make an annual Payment In-lieu of Taxes (PILOT) after it is annexed into the City. Such
an agreement will be negotiated prior to annexation. PILOT agreements are intended to help offset losses in property taxes due to non-taxable land within the City. This
agreement would include City services not currently provided by the University (e.g. Fire and Rescue).
Per the May 20, 2019 letter to City Council, CU Response: The University will not agree to make a payment in-lieu of taxes to the City.
City Response - August 31, 2020 City staff are open to discussing other ways for offsetting the demand for City services resulting from future development on the site.
CU Response - October 5, 2020 CU will not pay PILOT due to its status as a tax exempt entity. Please see Key Issue 45 Emergency Connectivity (line 326) for additional information related to the provision
of land for a future public safety facility.
5 Key Issue Establish a review process for the City to review and comments on future development plans
City Policies or Council Direction No direct guidance in BVCP.
CU Statement (Feb. 2, 2019)CU Boulder will offer the City and the community the opportunity to provide input to the Campus Master Plan (as defined below).
In addition, in response to the feedback received from City Council and City staff, during the Conceptual Design phase (as defined below) prior to CU Boulder’s submission
of CU Boulder’s conceptual design documents for development of the Property (“Concept Design”) to the DRB (as defined below) for review and approval, CU Boulder will
deliver the Concept Design to the City. The City will have a period of 60 days following its receipt of the Concept Design to review and deliver comments to CU Boulder.
Exhibit A (attached hereto) sets forth in greater detail the City’s review process and conforms substantially to the Memorandum of Understanding agreement dated October
11, 2016 between the City and CU Boulder regarding CU Boulder’s hotel and conference center. “Conceptual Design” shall mean a phase of design document development
during which the DRB will evaluate the overall development of the Property. The Conceptual Design phase will focus on improvement and site development planning,
architectural character, and relationships to surrounding buildings/spaces. For more information on what will be included in the Concept Design provided to the City, please
see Exhibit A.
Staff Response to Feb. 2, 2019 CU Statement City staff requests a 90-day review period to facilitate review and input from the City’s Planning Board and City Council
CU Response - January 16, 2020 CU will agree to a 60 day review period.
City Response - August 31, 2020 Given the size and complexity of future development activity, City staff finds that a 30- or 60-day window will not allow for an internal review, followed by input from the
Planning Board and City Council. A 60-day review window may be appropriate if more specific details of future development are provided prior to annexation. It appears that
the City and CU Boulder are not in agreement on this topic and as such, further discussions are necessary.
City staff are interested in the following reviews:
1. Each ten-year update (or new) Campus Master Plan;
2. The initial plan and subsequent updates to the CU South Master Plan; and
3. During the Conceptual Design phase for future development on CU South, prior to CU Boulder’s submission of conceptual design documents for development of the
Property to the University’s Design Review Board for review and approval.
City comments would include two categories:
1. Compliance Review to verify that the proposed development activity complies with the terms of the Agreement; and
2. Discretionary Comments intended to further the City's goals and policies. CU Boulder will attach great weight to the City’s Discretionary Comments and may recommend
plan amendments to the Design Review Board.
Review Process
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 82 of 101
CU Response
10/5/20
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CU Response - October 5, 2020 CU will agree to the following reviews:
1. Each ten-year update (or new) Campus Master Plan; The University is under statutory requirements with State offices, legislature and the Board of Regents to provide
10 year campus updates. During the public engagement associated with these updates, the Master Plan is shared with the public and the City for comment through CU-
coordinated engagement efforts. The 2021 Master Plan update is currently underway and outreach is planned for the first half of 2021, which includes town/gown public
town halls and a meeting with City council. This is consistent with past practices and recognizes this is a statutory process between the campus, the Regents and the state.
2. CU South Master Plan; Before the CU South Master Plan is finalized, CU will provide a draft to the City for a 90 days for the following reviews:
- Compliance Review to verify that the proposed development activity complies with the terms of the Agreement; and
- Discretionary Comments intended to further the City's goals and policies. CU Boulder will give strong consideration to the City’s Discretionary Comments and may
recommend plan amendments to CU's Design Review Board.
3. During the Conceptual Design phase for future development on CU South, prior to CU Boulder’s submission of conceptual design documents for development of the
Property to the University’s Design Review Board for review and approval. CU will provide the City with 60 days for the following reviews:
- Compliance Review to verify that the proposed development activity complies with the terms of the annexation agreement; and
- Discretionary Comments intended to further the City's goals and policies. CU Boulder will give strong consideration to the City’s Discretionary Comments and may
recommend plan amendments to the Design Review Board.
6 Key Issue Implement the South Boulder Creek Phase I Flood Mitigation Study subject to final design
City Policies or Council Direction The Guiding Principles state that the site will provide adequate areas for construction, maintenance and operation of City flood control dams, appurtenances and associated
flood storage, including freeboard to reduce flood risks.
CU Statement (Feb. 2, 2019)Subject to Regent approval, and in consideration of City's annexation of CU Boulder South, the University will convey fee simple title in up to 80 acres of the Property (the "
Flood Property ") to the City by special warranty deed (the " Deed "). The City agrees to use the land conveyed by the University only for development, construction,
operation, maintenance, and redevelopment of the Project; this use limitation shall be memorialized in a restrictive covenant in the Deed that will grant the University a
reversionary right to the fee simple title in the Flood Property in the event an uncured breach of such restrictive covenant persists for a period of 365 days following
University’s delivery to City of written notice of breach. If the recreational fields are not able to be accommodated within the flood mitigation project footprint, the University
will retain the right to an easement to allow sufficient access and use of recreational fields in an area that is mutually agreed upon.
If successful design and development of the Project requires the use of land in excess of 80 acres, then subject to University's reasonable approval and agreement, City
may purchase additional land contiguous to the Flood Property at fair market value as determined by a third-party appraisal. This area shall be subject to the same
reversionary right detailed in the preceding paragraph.
If City or a City-related entity wishes to acquire additional portions (for example in OS-O area) of the Property for open space or other uses, then subject to University's
approval (determined in its sole discretion) and agreement, City may purchase such land at fair market value as determined by a third-party appraisal.
Any conveyance of University-owned land contemplated herein shall be subject to, and limited by, approval by its Board of Regents.
Staff Response to Feb. 2, 2019 CU Statement • Further analysis is needed to determine the extent of land in excess of 80 acres that would be needed for the flood mitigation project and the value of that land before
providing comments regarding potential purchase of the land. It is currently estimated the Variant 1, 500-year flood mitigation concept (approved by Council on Feb. 5, 2019)
would need approximately 90 acres of CU South property for flood mitigation structures and the detention area. However, the amount of acreage needed will be further
refined through the preliminary design process.
• It is our understanding that CU does not want to be responsible for owning and operating the dam and therefore the City would need to own the land in fee title. City staff
is not in agreement with CU Boulder’s proposed restrictive covenant granting the University reversionary right to the fee simple title. The State Engineer’s Office will require
the City show it has permanent responsibility for and access to the flood mitigation structures and detention area and that those rights cannot be revoked at a later date.
• On Feb. 5 City Council directed that the next steps of design should focus on the engineering needs of the project and on accommodating future sports fields in the
detention area. See later comments regarding location options to address CU’s interests in future recreational fields.
• See later comments on regarding City interests in acquisition of additional portions of the property for Open Space.
• The property is located in the floodplain of South Boulder Creek. Any development within the floodplain is subject to the City’s floodplain regulations and will require
floodplain development permit(s).
CU Response - January 16, 2020 • See our initial submittal regarding up to 80 acres max with the option for the City to purchase additional acreage specifically for the flood mitigation project. The
reversionary right will not be effective unless the City does not use the 80 acres for flood mitigation.
• CU shall meet FEMA Floodplain regulations
City Response - August 31, 2020 Future development within a floodplain (e.g., concessions, restrooms) is subject to the City’s floodplain regulations and will require floodplain development permit(s). City
staff proposes that floodplain development permits for CU South be administered consistent with how other University campuses are administered. Such standards could be
included as part of the annexation agreement for this site. Alternatively, the City and University could enter into a separate agreement that would apply to all campus
locations, including CU South.
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 83 of 101
CU Response
10/5/20
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CU Response - October 5, 2020 CU Boulder understands that the V1 100 design only requires approximately 36 acres of land for construction, maintenance and operation of City flood control dams,
appurtenances and associated flood storage, including freeboard to reduce flood risks. The 80 acres we offer is more than adequate to satisfy this requirement of the
Guiding Principles as well as additional acreage to meet the goals of OSMP.
7 Key Issue Obtain necessary easements.
City Policies or Council Direction The Guiding Principles state that specific real property ownership, easements, and/or agreements will be established during annexation for the area necessary for
floodwater improvements and other uses (plus or minus some land area).
CU Statement (Feb. 2, 2019)The University will provide the necessary rights for the City to achieve its Flood Mitigation Project upon finalization of the Flood Mitigation Project. Real property ownership is
addressed above.
Staff Response to Feb. 2, 2019 CU Statement The City would need conveyance of the flood mitigation project area prior to proceeding with Final Design of the project.
CU Response - January 16, 2020 We agree so long as we have a completed annexation agreement without contingencies and CU has agreed to the schematic project design which aligns substantially to
the final project design.
City Response - August 31, 2020 The City and CU Boulder appear to be in agreement about this topic.
CU Response - October 5, 2020 Complete!
8 Key Issue Avoid excavation within the OS-O area, maintain PUB acreage, and avoid impacts to existing tennis courts.
City Policies or Council Direction On Sept. 20 Council indicated a preference to avoid the area of proposed of excavation shown on OS-O in Variant 1, 500-year, Option A.
CU Statement (Feb. 2, 2019)The University must retain in perpetuity its development rights to a minimum of 129 acres. The current land use designation of the University's 129 acres of developable
area of the Property is “Public” under the BVCP (the "CU Development Tract"). Any diminishment of the area of the CU Development Tract shall (a) be subject to University's
written approval and, at University's option, the diminished area shall be proportionally replaced with land currently designated OS-O under the BVCP (such replacement
land shall be subject to University's approval, shall be contiguous with and become a part of the remaining CU Development Tract area, and shall be zoned Public (PUB) by
the City). Alternatively, at University's option and approval, City shall compensate University in cash for the fair market value of the applicable area or with land agreeable to
the University in another location.
If successful design and development of the Project (a) requires relocation of CU Boulder's tennis facility, (b) materially and adversely affects CU Boulder’s use and
enjoyment of the tennis courts, or (c) impairs CU Boulder's ability to maintain the courts to NCAA Division I standards, then CU Boulder will have the option to reconstruct
the tennis facility on land currently designated OS-O and contiguous to the remaining CU Development Tract area in a location determined by CU Boulder at its sole
discretion. Such replacement land shall be subject to University's approval, shall be contiguous with and become a part of the remaining CU Development Tract area, and
shall be zoned Public (PUB) by the City. City shall bear all actual costs of CU Boulder's design, development and construction of a comparable replacement tennis facility.
The City may demolish, at its sole cost and expense, the building currently located in the area of the Property designated as PK-UO under the BVCP. The City agrees to
pay CU Boulder the replacement value of the building.
Staff Response to Feb. 2, 2019 CU Statement • The Variant 1, 500-year concept approved by City Council on Feb. 5, 2019 is estimated to use approximately 36 acres of PUB land for the structures and detention area.
The number of acres for flood mitigation structures and detention area in PUB, will be refined through additional modeling by the City’s flood mitigation consultants during
preliminary design. More information will be provided to CU once that analysis is complete.
• The existing tennis courts are located in the area of future detention for the Variant 1, 500-year concept. The City typically prohibits buildings for human occupancy, such
as offices, restrooms, and concessions in flood detention areas. Further analysis of the anticipated depth and frequency of inundation where the current tennis courts are
located is needed to determine whether the City would allow the existing tennis courts and associated parking to remain in the detention area. If it is required that the tennis
courts be moved out of the detention area for the purposes of public safety or functionality of the flood mitigation project, the City will procure an appraisal of the value of the
exiting tennis facility. The City will contribute an agreed upon value of the existing tennis facility toward CU’s design and construction of a new facility.
• If required for the purposes of public safety or functionality of the flood mitigation project, the City will procure an appraisal of the value of the existing storage building. The
City and CU will need to develop an agreement regarding the who pays the cost of removal and any required remediation associated with building demolition.
• The City seeks further consultation and input on decisions regarding any material changes to OS-O. Additionally, on September 20, 2018, Council stated a preference for
implementing the July 11, 2018 OSBT recommendations that the University protect and/or convey the OS-O designated land to the City.
CU Response - January 16, 2020 It will be the sole determination of the University if the tennis courts and storage building need to be moved if they fall anywhere within the flood project's detention area.
Should the University determine that the tennis courts and storage facility need to be relocated, the City will agree to demolish those facilities at the City's sole cost and
then pay to the University the replacement cost of the same.
City Response - August 31, 2020 The City and CU Boulder appear to be in agreement about the process for resolving this topic.
CU Response - October 5, 2020 Complete!
9 Key Issue Groundwater Monitoring
City Policies or Council Direction Prior to a final agreement related to the flood mitigation land area, the City will conduct a groundwater assessment which verifies the feasibility and provides the basis for
design and construction of implementing measures to convey groundwater through the dam in a manner that substantially replicates existing flow patterns.
CU Statement (Feb. 2, 2019)Agreed
Staff Response to Feb. 2, 2019 CU Statement The City will continue to access the groundwater monitoring wells installed on CU South per the terms in the Amendment to Amended and Restated Permission to Enter
Property Agreement dated December 11, 2017 and last amended March 26, 2018.Additional subsurface investigations on CU South will be needed during preliminary
design of the flood mitigation project. City staff will work with CU staff to update the property agreement for this purpose.
CU Response - January 16, 2020 CU and City have executed an agreement effective December 31, 2019 that grants the City access for additional ground water studies.
City Response - August 31, 2020 This topic appears resolved.
CU Response - October 5, 2020 Complete!
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 84 of 101
CU Response
10/5/20
7
10 Key Issue Aesthetic design of flood mitigation infrastructure
City Policies or Council Direction The project team includes a landscape architecture firm that will help coordinate project landscaping and aesthetics that will be vetted with CU and made available to the
public, boards and council.
CU Statement (Feb. 2, 2019)The City will include CU Boulder in the landscape and aesthetic planning of the Project. The Project design team shall collaborate with the University with respect to
Recreational Field placement as well as the potential placement of bleachers on the slopes of the retention structure walls. University shall bear the sole cost and expense
of design, development and construction of the Recreational Fields and the bleachers, as applicable.
Staff Response to Feb. 2, 2019 CU Statement • The City typically provides high aesthetic quality of flood mitigation structures in urban areas. The flood mitigation project team includes a landscape architecture firm that
will help coordinate project landscaping and aesthetics. The project team will consult with CU staff when conducting aesthetic design of project elements.
• City Council on Feb. 5 directed staff to focus on the engineering needs of the flood mitigation project and not focus on accommodating sports fields in the detention area.
If following additional modeling and design of the project it is determined that it is feasible to include sports field turf in the detention area without impacting the functionality
or cost of the flood mitigation project, then the City would work with CU Boulder staff to determine if there were opportunities for incorporating recreational field placement
and bleachers into the design.
• Parks and Recreation staff would like to be involved in any design coordination of athletic facilities/fields.
• OSMP staff and Open Space Board of Trustees request consultation and input on infrastructure design including decisions regarding any material changes to OS-O if not
conveyed to the City.
CU Response - January 16, 2020 City shall collaborate with the University in the consideration of placing Recreational Fields including bleachers and all other sports/turf fields in the detention area.
City staff will be permitted to review future CU plans during their allotted 60 day review period as previously stated. If the OS-O is not conveyed to the City, the University
retains ownership and does not agree to consult with OS Board of Trustees on infrastructure design including decisions regarding any material changes to OS-O.
City Response - August 31, 2020 Comment noted.
CU Response - October 5, 2020 Complete!
11 Key Issue Determine suitable recreational uses for the area within the flood mitigation detention area.
City Policies or Council Direction Explore opportunities for passive and active recreation activities, or other uses compatible with the floodwater mitigation system and where possible, conserve and/or
restore areas within the flood mitigation facilities with high ecological value and mitigate impacts.
CU Statement (Feb. 2, 2019)Upon completion of the construction of the flood mitigation dam and related retention areas, CU Boulder must have no less than 30 appropriately graded acres available for
construction of recreational/athletics fields (the " Rec Fields ") in the area of the Property designated as PK-UO under the BVCP. The Rec Fields must be situated on the
Property in a manner that provides reasonable ingress and egress (including ADA accessibility) for site visitors, teams, service vehicles, as well as proximate space for
related facilities such as concessions, restrooms, and storage. If the Rec Fields cannot be located in the flood detention area, the University may construct the Rec Fields on
30 appropriately graded acres within the OS-O-designated land, contiguous to the CU Development Tract.
Staff Response to Feb. 2, 2019 CU Statement Identify options for addressing CU Boulder’s stated interest in 30+ acres of land for University sports fields and potential re-location of tennis courts, if required due to the
flood mitigation project.
Early analysis indicates that functional ball fields will not be feasible within the detention area of the Variant 1, 500-year design in the PK-U/O land use area because the
depth of the additional excavation would limit the ability to properly drain the fields.
City staff proposes that we jointly explore the following options to address this issue. Please indicate if any of these options are unacceptable to the University. Options
acceptable to both City and University staff will be analyzed further and presented to City boards and City Council for direction in a preferred approach and community
engagement.
• Option 1: Determine suitability of the existing tennis courts remaining in the detention area and of using a portion of the flood mitigation detention area in the PK-U/O and
PUB land use areas for recreational field turf. Further analysis of the anticipated depth and frequency of inundation where the current tennis courts are located is needed to
determine whether the City would allow the existing tennis courts and associated parking to remain in the detention area. If following additional design of the project it is
determined that it is feasible to include sports field turf in a portion of the detention area without impacting the functionality or cost of the flood mitigation project, then the
City would work with CU Boulder staff to evaluate opportunities for recreational field turf placement. The City typically prohibits buildings for human occupancy, such as
offices, restrooms, and concessions in flood detention areas. Parking would likely also be restricted in the detention area, but further analysis of the anticipated depth and
frequency of inundation would be needed to make this determination. CU Boulder would be responsible for all costs of construction and recreational field cleanup following a
storm event.
• Option 2: Determine suitability and acceptability of using a portion of land designated as OS-O in the BVCP for recreation and other uses consistent with the BVCP CU
South Guiding Principles. On September 20, 2018, Council stated a preference for implementing the July 11, 2018 OSBT recommendations that the University protect
and/or convey the OS-O designated land to the City. However, if not conveyed to the City, if any portion of OS-O is found suitable and allowed for this recreational purpose,
OSMP staff and Open Space Board of Trustees request consultation and input on decisions regarding any material changes to OS-O, which could include requirements that
the area be permanently restricted to such recreational uses (i.e. no further development permitted such as housing).
• Option 3: Explore other potential off-site locations within Boulder in coordination with City Parks and Recreation. Please summarize the University’s criteria for selecting off-
site locations. Council members have expressed interest in exploring the Planning Reserve in north Boulder as a potential off-site location. Indicate if the Planning Reserve
may or may not meet the University’s selection criteria.
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 85 of 101
CU Response
10/5/20
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CU Response - January 16, 2020 Key Issue #2 - From letter dated 3/28/19
Identify options for addressing CU’s stated interest in 30+ acres of land for University sports fields and potential re-location of tennis courts, if required due to
the flood mitigation project. Early analysis indicates that functional ball fields will not be feasible within the detention area of the Variant 1, 500-year design in
the PK-U/O land use area because the depth of the additional excavation would limit the ability to properly drain the fields. CU Boulder’s annexation application
states that:
Per the May 20, 2019 letter to City Council, CU Response: Upon completion of the construction of the flood mitigation dam and related retention areas, CU Boulder must
have no less than 30 appropriately graded acres available for construction of recreational/athletics fields (the " Rec Fields ") in the area of the Property designated as PK-
U/O under the BVCP. The Rec Fields must be situated on the Property in a manner that provides reasonable ingress and egress (including ADA accessibility) for site
visitors, teams, service vehicles, as well as proximate space for related facilities such as concessions, restrooms, and storage. If the Rec Fields cannot be located in the
flood detention area, the University may construct the Rec Fields on 30 appropriately graded acres within the OS-O-designated land, contiguous to the CU Development
Tract.
Option 1: Determine suitability of the existing tennis courts remaining in the detention area and of using a portion of the flood mitigation detention area in the PK-U/O and
PUB land use areas for recreational field turf. Further analysis of the anticipated depth and frequency of inundation where the current tennis courts are located is needed to
determine whether the City would allow the existing tennis courts and associated parking to remain in the detention area. If following additional design of the project it is
determined that it is feasible to include sports field turf in a portion of the detention area without impacting the functionality or cost of the flood mitigation project, then the
City would work with CU Boulder staff to evaluate opportunities for recreational field turf placement. The City typically prohibits buildings for human occupancy, such as
offices, restrooms, and concessions in flood detention areas. Parking would likely also be restricted in the detention area, but further analysis of the anticipated depth and
frequency of inundation would be needed to make this determination. CU Boulder would be responsible for all costs of construction and recreational field cleanup following a
storm event.
CU Response: It will be the sole determination of the University if the tennis courts and storage building need to be moved if they fall anywhere within the flood project's
detention area. Should the University determine that the tennis courts and storage facility need to be relocated, the City will agree to demolish those facilities at the City's
sole cost and then pay to the University the replacement cost of the same.
• Option 2: Determine suitability and acceptability of using a portion of land designated as OS-O in the BVCP for recreation and other uses consistent with the BVCP CU
South Guiding Principles. On September 20, 2018, Council stated a preference for implementing the July 11, 2018 OSBT recommendations that the University protect
and/or convey the OS-O designated land to the City. However, if not conveyed to the City, if any portion of OS-O is found suitable and allowed for this recreational purpose,
OSMP staff and Open Space Board of Trustees request consultation and input on decisions regarding any material changes to OS-O, which could include requirements that
the area be permanently restricted to such recreational uses (i.e. no further development permitted such as housing).
CU Response: Again, the University would agree to construct the Rec Fields on 30 appropriately graded acres within the OS-O-designated land, contiguous to the CU
Development Tract.
City Response - August 31, 2020 The attached map indicates areas potentially suitable for future recreation facilities. Specifically, 34 acres east and north of the existing tennis courts, including 4.6 acres of
currently open water (2.7 acres in the northern pond and 1.9 acres in the southern pond) and 12 acres north of the embankment to the constructed. Please indicate which
portions of this land could meet the University's requirement as stated above. Additionally, the City proposes that mutually agreeable fencing and a minimum side setback
be established from adjacent City open space land.
The City proposes that future plans and projects within the Park Urban/Other area include a delineation of protected and endangered species habitat and other regulated
resources. Future facilities should be sited in ways that minimize disturbance and where feasible, enhance habitat characteristics for protected and endangered species. If
some of the above acreage are determined inadequate by CU Boulder, the City proposes an earnest evaluation of additional potential sites on the PUB, elsewhere on the
CU Boulder campus, or off-site locations within proximity to the site.
CU Response - October 5, 2020 Based on the City's existing map of sensitive areas dated November 2016 there will be no impacts to areas identified as sensitive habitat. The current City response
includes 12 acres north of the embankment which seems to include land we do not control (US 36 on ramp) and includes a pond, the access road to the property and a
transition up the embankment and, as such, is not suitable for recreation fields. The available land designated by the City next to the retention area of the project is
approximately 12 acres and looks to be suitable. The remaining 18 acres we require would be placed in OS-O contiguous to PUB.
CU agrees to identify appropriate fencing between the properties and a 20' setback (where 10' is typically required) along the eastern edge of the property between CU .
12 Key Issue Flood detention drainage design for recreational fields
City Policies or Council Direction The City will ensure that the detention area will be designed to meet State water rights drain time requirements. The system will also be designed to drain following a storm
event without causing negative downstream floodplain impacts.
CU Statement (Feb. 2, 2019)The City will ensure drainage of the detention area is designed appropriately and will conduct routine maintenance and inspections (at the City's expense) to ensure no
improper or excess flow discharge occurs during flooding events. The City will ensure that the flood detention area used for recreational/athletics field development will be
engineered to sufficiently drain within a reasonable period of time to ensure that the Rec Fields can remain functional after a flood. The City will ensure that Rec Fields do
not have ongoing water ponding issues not related to a flood event.
Staff Response to Feb. 2, 2019 CU Statement Hydraulic modeling will be included in preliminary design to ensure draining of the detention area following a storm event will not result in negative impacts to existing
floodplains. As described previously, additional analysis is needed to evaluate the ability to include functional recreational fields in the detention area.
CU Response - January 16, 2020 The City shall confirm and maintain that sufficient and timely draining of the recreation/athletic fields is engineered and that all fields will remain fully functional after a flood.
City engineering will ensure Rec Fields do not have ongoing water ponding issues not related to a flooding event.
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 86 of 101
CU Response
10/5/20
9
City Response - August 31, 2020 The City's flood mitigation facility will be designed to drain during a flooding event. We cannot, however, confirm how future local drainage will be designed without site
plans. The City is not planning to design or provide engineering details for the future recreation fields. The City is providing potential areas for recreation fields, but until
recreation fields are designed, the City cannot offer assurance about future flooding events. The extent of ponding and flooding can only be confirmed with engineered plans
for the recreation fields.
CU Response - October 5, 2020 For the sake of clarity, the University will design and construct the recreational fields. At this point, it is unclear what the impacts of the flood mitigation project will be to the
water table in this area. We confirm our statements from February 2, 2019 and January 16, 2020. The agreed upon acreage in the detention area underlying the
recreational fields needs to be properly engineered to ensure ponding does not occur during non-flooding periods and so that such area adequately drains following a flood
event to be suitable for year-round recreation use. If the design engineering of the flood mitigation project cannot ensure that this standard will be met, then all (or a portion)
of the rec fields will need to be placed in the OS-O. Please note that CU Boulder will be responsible for the design and construction of the recreational fields in a manner
that provides for the fields themselves to drain properly.
13 Key Issue Site Access (S. Loop Rd, Tantra)
City Policies or Council Direction As part of standard practice, the City mitigates for any damage or modifications to existing structures, including access roads, that results from a flood mitigation project.
CU Statement (Feb. 2, 2019)The City will bear any and all costs of modification, realignment and/or reconstruction of existing access roads on the Property, if CU Boulder determines in its reasonable
discretion that the design of the Project necessitates such changes.
The City shall also be responsible for any repair costs related to damages attributable to flood mitigation causes or caused by the City to any future CU Boulder road or
improvements.
Staff Response to Feb. 2, 2019 CU Statement The City is committed to an equitable apportionment of costs associated with the flood mitigation project. This will need to be done through further negotiation and
agreement.
Flooding events are acts of nature. The City will not agree to blanket indemnifications on the property. The City will work with the CU Boulder to design infrastructure that
will be resilient during and after flooding events.
CU Response - January 16, 2020 Future agreements shall incorporate language on the City bearing any and all costs for the modification, realignment, and/or reconstruction of existing access roads on the
Property, if CU Boulder believes the design of the project necessitates such change.
City Response - August 31, 2020 Determinations about site impacts and associated financial responsibilities should be resolved with the annexation. As stated above, as part of standard practice, the City
mitigates for any damage or modifications to existing structures, including access roads, that results from a flood mitigation project.
CU Response - October 5, 2020 CU agrees that the City shall pay for reconstructing South Loop Dr. to accomodate the dam infrastructure and in a manner that re-establish access to the area south of the
proposed dam. CU shall review the construction plans during the City's bidding process and such plans will be subject to the mutual approval of the City and CU. Our
understanding is that this road base is being built to an 80' width to accomodate future multi modal improvements. The City will be responsibile for a 25' paved section to
replace the existing access road. CU will be responsible for the expansion of that road in the future to meet multi-modal standards. The City shall work with the floodplain
design to locate the road in the least flood prone area feasible in order to minimize impacts from future flood events. If damage to the road is caused by the construction or
operation of the flood mitigation project, the City shall be liable for any repair or replacement costs.
14 Key Issue Future claims and damages
City Policies or Council Direction As part of standard practices, and as required by the State Engineer’s Office, the City takes responsibility for the performance and safety of its dams and flood mitigation
structures.
CU Statement (Feb. 2, 2019)The City will bear the costs and responsibilities of any claims or damages resulting from the failure of the design, construction, performance and/or safety of the Project and
related structures and appurtenances. City shall be responsible for its negligent acts and omissions.
Staff Response to Feb. 2, 2019 CU Statement The City will be the permit holder for the project and responsible for compliance with applicable state and federal regulations. Nothing in the annexation agreement will be
construed to constitute any waivers in the Colorado Governmental Immunity Act.
CU Response - January 16, 2020 Comment noted.
City Response - August 31, 2020 This topic appears to be resolved.
CU Response - October 5, 2020 Agreed. Please document this in the annexation agreement.
15 Key Issue Wetland and habitat mitigation for project direct impacts
City Policies or Council Direction The project team will secure all necessary environmental permits and mitigate for the project’s direct environmental impacts. At the concept design stage, the project team
had anticipated restoring habitat on OS-O to fulfill any wetland and habitat mitigation requirements. The Guiding Principles state that in the area protected by the existing CU
levee floodplain functions, including wetlands and flood mitigation, may be restored as part of compensatory mitigation for impacts elsewhere on site.
CU Statement (Feb. 2, 2019)If any jurisdictional wetlands are damaged or displaced as a result of the flood mitigation needs of the City, it is the responsibility of the City to secure any applicable wetland
permits and mitigate the loss of the wetlands through Section 404 of the Clean Water Act.
Staff Response to Feb. 2, 2019 CU Statement • The City is responsible for obtaining all necessary environmental permits and mitigate for loss of wetlands through Section 404 of the Clean Water Act.
• On September 20, 2018, Council stated a preference for implementing the July 11, 2018 OSBT recommendations that the University protect or convey the OS-O land to
the City as part of annexation, with the City having responsibility for subsequent management and any restoration, including utilizing this area for wetland and habitat
mitigation purposes needed for the flood mitigation project.
• In addition to Section 404 permitting, the City expects that CU Boulder will also follow the requirements of the City’s wetlands requirements.
CU Response - January 16, 2020 After key issues around the annexation have been resolved, further discussion of the details intended here is warranted.
City Response - August 31, 2020 Comment Noted
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 87 of 101
CU Response
10/5/20
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CU Response - October 5, 2020 CU agrees that the City shall be responsible for the mitigation of wetlands on any land on this site that it ultimately owns as a result of this annexation agreement. CU
reserves the right to conduct any required wetland mitigation in the OS-O area (whether owned by OSMP or CU) that is required due to impacts related to development of
the Public area of CU South in compliance with the Guiding Principles statement that in the Area Protected by Levee System/Area of Greater Open Space and Ecological
Value: Compensatory Mitigation: floodplain functions (including wetlands and flood mitigation) may be restored as part of compensatory mitigation for impacts elsewhere on
site.
16 Key Issue Remove the existing levee system.
City Policies or Council Direction Remove the existing levee system and restore underlying land to improve riparian connectivity between CU South OS-O area and South Boulder Creek. The existing CU
levee does not affect the overall hydrology for the flood mitigation project but armoring of specific land areas inside of the existing CU levee may be required to avoid scour
and erosion during a storm event.
CU Statement (Feb. 2, 2019)CU Boulder remains open to the removal of the berm/levee by the City per our letter of October 1, 2018 to City Council. If the levee is removed, the following are required:
1) the City will ensure, at its sole cost and expense, that construction and/or operation of the Project and related structures and appurtenances and/or removal of the
berm/levee shall not increase the FEMA 100- year or 500-year floodplain, as may be established from time to time, and will not extend or increase any wetland area on any
of the Property, now or in the future; 2) CU Boulder will be provided the first option to use or sell the berm/levee material if the berm/levee is removed; and 3) the City will be
responsible for securing all federal, state, and other governmental approvals to remove the berm/levee.
Staff Response to Feb. 2, 2019 CU Statement • The City will be responsible for securing all federal state, and other governmental approvals as needed for the flood mitigation project.
• The City will not intentionally create additional wetlands or expand the floodplain on the “Development Tract,” (PUB land use area outside of the flood mitigation detention
area) but cannot guarantee the site’s wetland and floodplain mapping or designation performed in the future by federal, state or local regulatory agencies.
• City only intends to remove the levee if the land including the levee is under City ownership, where the berm material is considered appurtenant to the land. Acquisition of
that land could include discussions and negotiations regarding timing for removal, staging, transport and/or potential uses of the fill by both parties.
• The City cannot be responsible for future changes to the flood plain that are regulated by FEMA.
CU Response - January 16, 2020 Future negotiations will include discussion of the ownership rights to the berm/levee material, once the 6 key issues have been resolved.
The City shall be fully responsible for any future increase to the floodplain as a result of the City's Project.
City Response - August 31, 2020 Conveyance of OS-O land will be a critical part of a community benefits package for the annexation. The City only intends to remove the levee if the land including the levee
is under City ownership, where the berm material is considered appurtenant to the land. Acquisition of that land could include discussions and negotiations regarding timing
for removal, staging, transport and/or potential uses of the fill by both parties.Discussions are needed to understand the second comment regarding being responsible for
future increases in the floodplain on the site.
CU Response - October 5, 2020 If the University and City agree that the City will purchase OS-O acreage beyond the 80 acres offered as part of the annexation community benefits, CU agrees that the
levee material is appurtenant to the land if we sell/convey the OS-O land directly under the levy, provided that the value of the levee dirt is accounted for in the valuation of
the land.
17 Key Issue Determine use of levee fill material
City Policies or Council Direction Early project cost estimates assumed use of levee fill removal for the project.
CU Statement (Feb. 2, 2019)If the levee/berm is removed, CU Boulder, as the owner of the fill, retains the right to the material, and will either use or sell the material.
Staff Response to Feb. 2, 2019 CU Statement See City comments regarding acquisition of OS-O land. The City only intends to remove the levee if the land including the levee is under City ownership. The City asserts
that the existing CU levee is an appurtenance to the land that would be included in the acquisition of OS-O land and the City would retain the right to use or sell the material,
however acquisition of that land could include discussions/negotiations regarding timing for removal, staging, transport and/or potential uses of the fill by both parties.
CU Response - January 16, 2020 Future negotiations will include discussions of the possibility of CU selling the OS-O land upon which the berm/levee resides. CU retains ownership rights to this berm/levee
material even though it resides ontop of potential City land. City shall bear all costs associated with removing said berm/levee.
City Response - August 31, 2020 The City considers the levee material as an appurtenant to the land. It appears that there is disagreement about if and how the levee material would be used in the future or
valued in a transaction.
CU Response - October 5, 2020 CU agrees that the City can take down the levee as long as it doesn't increase flood plain impacts to the land designated as PUB. CU has offered 80 acres to the City as
part of this project, which, under the current design allows up to 44 acres of land for the City to offer to Open Space in compensation for the 5 acres of open space required
for the project. CU agrees that the levee material is appurtenant to the land if we sell/convey the OS-O land directly under the levee, provided that the value of the levee dirt
is accounted for in the valuation of the land. Should the 44 acres be designated on land including the levee, the City must compensate CU for the appraised value of the
levee material.
18 Key Issue Determine responsible party for securing approvals.
City Policies or Council Direction The City will be responsible for all federal, state and other governmental approvals for the flood mitigation project.
CU Statement (Feb. 2, 2019)The City will be responsible for securing all federal, state, and other governmental approvals to remove the berm/levee. The City is also responsible for all associated costs
and fees.
Staff Response to Feb. 2, 2019 CU Statement The City will be responsible for all federal, state and other governmental approvals for the flood mitigation project.
CU Response - January 16, 2020 Comment noted.
City Response - August 31, 2020 This topic appears resolved.
CU Response - October 5, 2020 Complete!
19 Key Issue Impacts to floodplain on CU South
Levee Removal
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 88 of 101
CU Response
10/5/20
11
City Policies or Council Direction The flood mitigation project will detain water on CU South, which will affect the floodplain in the area of detention and also following removal of the existing CU levee (in PK-
U/O and OS-O land use areas). The detention area will be defined with a flood mitigation easement with CU. The 100-year and 500- year floodplain would not increase in
the PUB land use area.
CU Statement (Feb. 2, 2019)The University intends to convey the area used for flood mitigation purposes to the City. The City must ensure, at its sole expense, that construction and/or operation of the
flood mitigation dam and related structures and removal of the berm/levee shall not increase the FEMA 100-year or 500-year floodplain areas on any of the Property, now or
in the future.
Staff Response to Feb. 2, 2019 CU Statement The City will design the flood mitigation project in accordance with state and federal regulations including FEMA’s applicable requirements for avoiding adverse impacts to
the floodplain. At the conclusion of the project the City will submit a Letter of Map Revision for acceptance by FEMA. Future flood mapping is out of the City’s purview given
the decision-making authority of FEMA and the State of Colorado. It is possible that in the future criteria could change, models could improve, or through climate change
design storms and hydrology could change that would impact the future designation of floodplains. For these reasons, the City would not be able to ensure that the
floodplain designations on CU South would not change in the future.
CU Response - January 16, 2020 Proper design and engineering by the City shall be conducted to ensure that future approved FEMA floodplain mapping does not increase the existing floodplain. CU shall
be consulted throughout the design and engineering process.
City Response - August 31, 2020 More discussion is needed to better understand this comment. For example, the floodplain will be altered as part of the flood mitigation project.
CU Response - October 5, 2020 The University requires that the floodplain designation for the area designated as Public remains above (or outside) the 500-year flood plain with any changes the City
makes to the property including removal of the levee.
20 Key Issue Future claims or damages
City Policies or Council Direction As part of standard practices, and as required by the State Engineer’s Office, the City takes responsibility for the performance and safety of its construction projects
CU Statement (Feb. 2, 2019)The City will bear the costs and responsibilities of any claims or damages resulting from the failure of the design, construction, performance and/or safety of the Project and
related structures and appurtenances. City shall be responsible for their negligent acts and omissions.
Staff Response to Feb. 2, 2019 CU Statement The City will be the permit holder for the flood mitigation project and responsible for compliance with applicable state and federal regulations.
The City will not waive any of the provisions of the Colorado Governmental immunity act.
CU Response - January 16, 2020 Comment noted.
City Response - August 31, 2020 This comment appears resolved.
CU Response - October 5, 2020 Complete!
21 Key Issue Open Space Conveyance Area east and outside of the existing levee
City Policies or Council Direction On Sept. 20 Council stated a preference for implementing the July 11 OSBT Recommendation: Convey 44 acres east and south of the existing CU levee to OSMP, with
subsequent management and any restoration to be funded by OSMP.
CU Statement (Feb. 2, 2019)If City or a City-related entity wishes to acquire additional portions (for example in OS-O area) of the Property for open space or other uses, then subject to University's
approval (determined in its sole discretion) and agreement, City may purchase such land at fair market value as determined by a third-party appraisal. Any conveyance of
University-owned land contemplated herein shall be subject to approval by The Regents of the University of Colorado.
Staff Response to Feb. 2, 2019 CU Statement On September 20, 2018, Council stated a preference for implementing the July 11, 2018 OSBT recommendations that the University convey 44 acres east and south of the
existing CU levee to OSMP as part of annexation, with subsequent management and any restoration.
CU Response - January 16, 2020 Key Issue #4(i) - From letter dated 3/28/19
On September 20, 2018, Council stated a preference for implementing the July 11, 2018 OSBT recommendations that the University: (i) convey 44 acres of OS-O land east
and south of the existing CU levee to the City,
CU Response: The University, as stated in our application, is open to discussing sale of a portion of the OS-O designated land to the City for Open Space.
City Response - August 31, 2020 Conveyance of the OS-O land east and south of the existing levee to the City of Boulder is a high priority. Staff seeks to implement the Sept. 20, 2018 OSBT
recommendation, as noted above, as part of the community benefit package to be considered with the annexation.
CU Response - October 5, 2020 CU has offered 80 acres to the City as part of this project, under which, the current project design utilizes 36 acres and allows 44 acres of land for the City to offer to Open
Space in compensation for the 5 acres of open space required for the project. The University agrees that the City may apply this to the acreage of OS-O land east and
south of the existing CU levee. Should the City desire additional acreage, CU will offer to sell additional OS-O acreage (except that required for recreational fields) at fair
market value.
If the parties cannot agree on the fair market value of the OS-O land contemplated for sale (the "Subject Property"), each party shall appoint an appraiser (except as
otherwise provided in this paragraph), the costs for which shall be paid by the appointing party. If either City or CU does not appoint an appraiser within ten business days
after receipt of the other party’s designation of an appraiser, then the appraiser selected by the party selecting the appraiser shall act as the sole appraiser in determining
fair market value (the costs for such sole appraiser shall be shared equally by the parties). If both parties have designated an appraiser then each appraiser shall, within
forty-five days of the later appointment, independently determine the fair market value of the Subject Property. If the two determinations of fair market value are within ten
percent of each other (using the higher determination as a reference), the two determinations shall be averaged, and such average shall be the fair market value of the
Subject Property. If the two appraisers disagree by an amount greater than ten percent (using the higher determination as a reference), the two appraisers shall select a
third appraiser within ten business days (the costs for which shall be shared equally by the parties) who shall, within forty-five days, independently and without knowledge of
the two appraisals previously made, determine the fair market value, and the fair market value of the Subject Property shall be the average of the two appraisals which are
closest in value.
Open Space
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 89 of 101
CU Response
10/5/20
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22 Key Issue Open Space Conveyance Area protected by Levee, within OS-O area
City Policies or Council Direction On Sept. 20 Council stated a preference for implementing the July 11 OSBT Recommendation: Convey 40 acres west and north of the existing CU levee to OSMP and
restore approximately 17.4 acres as part of the flood mitigation project. Support through annexation conveyance and/or permanent protection of the remaining OS-O area
inside the levee (appx. 35 acres) for long-term protection and possible restoration.
CU Statement (Feb. 2, 2019)If City or a City-related entity wishes to acquire additional portions (for example in OS-O area) of the Property for open space or other uses, then subject to University's
approval (determined in its sole discretion) and agreement, City may purchase such land at fair market value as determined by a third-party appraisal. Any conveyance of
University-owned land contemplated herein shall be subject to approval by The Regents of the University of Colorado.
Staff Response to Feb. 2, 2019 CU Statement On September 20, 2018, Council stated a preference for implementing the July 11, 2018 OSBT recommendations that the University convey 40 acres west and north of the
existing CU levee and convey or protect the remaining 35 acres of OS-O to OSMP as part of annexation. Conveyance of the OS-O land would include features and material
thereon (e.g. the existing CU levee) as real property appurtenances.
CU Response - January 16, 2020 Key Issue #4 (ii and iii) - From letter dated 3/28/19
On September 20, 2018, Council stated a preference for implementing the July 11, 2018 OSBT recommendations that the University: (ii) convey 40 acres of OS-O land west
and north of the existing CU levee and (iii) convey or protect the remaining 35 acres of OS-O land. Conveyance of the OS-O land would include features and material
thereon (e.g. the existing CU levee) as real property appurtenances.
CU Response: The University, as stated in our application, is open to discussing sale of a portion of the OS-O designated land to the City for Open Space.
City Response - August 31, 2020 Conveyance of the OS-O land within this area to the City of Boulder is a high priority. Staff seeks to implement the Sept. 20, 2018 OSBT recommendation, as noted above,
as part of the community benefit package to be considered with the annexation.
CU Response - October 5, 2020 Should the City desire additional acreage beyond the 80 acres offered under community benefits, we will sell the OS-O, pending approval of the University of Colorado
Board of Regents, on mutually agreeable terms and fair market value as established by an independent, 3rd party appraisal. If the PK-U/O area provides less than 30 acres
for CU Boulder's future recreational fields, then an area equivalent to the shortfall in area shall be allocated from adjacent OS-O land, which will reduce the amount of OS-O
area available for purchase.
23 Key Issue Restoration and other uses/activities allowed in OS-O
City Policies or Council Direction Guiding Principles state that the City will...collaborate with CU to protect and improve the delivery of open space, restore high ecological value areas and/or provide areas
for recreation in lower ecological value areas. The City and CU will work together to achieve greater open space acreage as part of either larger City open space
conservation areas or limited-structural build, such as community gardens, recreation, solar gardens, etc.
However, OSBT recommended that all of OS-O be conveyed to OSMP or permanently protected as Open Space, which would not allow for community gardens,
recreational ball fields, solar gardens, etc.
CU Statement (Feb. 2, 2019)CU Boulder remains committed to the BVCP Guiding Principles, as stated. The City and CU Boulder will work together to achieve greater open space acreage as part of
either larger City open space conservation areas or limited-structural builds, such as community gardens, recreation, solar gardens, etc.
Restoration of any portion of the Property designated OS-O under the BVCP for ecological benefits desired by the City or related entity will be done in partnership with CU
Boulder with costs borne by the City or related entity. If City or a City-related entity wishes to acquire additional portions (for example in OS-O area) of the Property for open
space or other uses, then subject to University's approval (determined in its sole discretion) and agreement, City may purchase such land at fair market value as determined
by a third-party appraisal. Any conveyance of University-owned land contemplated herein shall be subject to approval by The Board of Regents of the University of
Colorado.
Staff Response to Feb. 2, 2019 CU Statement Clarification is needed to determine whether the University agrees with OSBT recommendations for conveyance or permanent protection of all of OS-O, which would not
allow community gardens, recreational ball fields, solar gardens. See previous comments regarding options for addressing CU Boulder’s interests in recreational fields.
When CU Boulder develops the PUB land use area in the future, wetlands or other habitat mitigation may be required. The City is open to CU restoring for mitigation
purposes any areas that would be permanently protected as City open space through the annexation agreement, with costs borne by the University.
CU Response - January 16, 2020 CU Response: At this time it appears the City is settling on some level of Variant I. CU remains committed to collaborating with the City on uses and activities in the OS-O
area except for acreage that may be swapped for acreage in the Public area to allow for the development of the flood project.
Restoration of any portion of the Property designated OS-O under the BVCP for ecological benefits desired by the City or related entity will be done in partnership with CU
Boulder with costs borne by the City or related entity. If City or a City-related entity wishes to acquire additional portions (for example in OS-O area) of the Property for open
space or other uses, then subject to University's approval (determined in its sole discretion) and agreement, City may purchase such land at fair market value as determined
by a third-party appraisal. Any conveyance of University-owned land contemplated herein shall be subject to approval by The Board of Regents of the University of
Colorado."
City Response - August 31, 2020 Conveyance of the OS-O land to the City of Boulder is a high priority. Staff seeks to implement the Sept. 20, 2018 OSBT recommendation, as noted above, as part of the
community benefit package to be considered with the annexation.
CU Response - October 5, 2020 This section addresses restoration. For any portion of the OS-O area the City buys from CU, the City is solely responsible for restoration. Note that the issue of the City
buying any OS-O land is addressed above in issue #21.
24 Key Issue Realign Dry Creek Ditch #2 and Secure Water Rights
City Policies or Council Direction On Sept. 20 Council stated a preference for implementing the July 11 OSBT Recommendation: Realign ditch to west of open space conveyance and restoration area, to
extent practical and acceptable to the ditch board and CU and acquire sufficient water rights to support City’s restoration goals.
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 90 of 101
CU Response
10/5/20
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CU Statement (Feb. 2, 2019)Any realignment of Dry Creek Ditch No. 2 is to be designed in a manner that does not increase the existing 100-year or 500-year floodplain, as may be determined from
time to time, and will not increase the presence of wetlands on the CU Boulder Development Tract. CU Boulder will be fairly compensated by the City for any land area that
ceases to be developable due to building setbacks from the Dry Creek Ditch No. 2.
If the University agrees, the City may, at its sole cost, realign Dry Creek Ditch No. 2.
If the University agrees, the City may acquire or lease the University’s water rights in Dry Creek Ditch No. 2.
Staff Response to Feb. 2, 2019 CU Statement The City would want First Right of Refusal on water rights as a condition of the provision of water service, per §11-1-19. The City would waive this requirement if water rights
are conveyed to the City for open space and restoration purposes.
Once decisions are made regarding ownership and permanent protection of open space and restoration on OS-O and ownership of the water rights, the City may seek to
realign the Dry Creek No. 2 ditch for the purpose of providing irrigation to City open space and restoration areas. Any design modifications and realignment of the ditch for
the purposes of irrigation would require collaboration and approval from the Dry Creek No. 2 Ditch Company.
CU Response - January 16, 2020 Water Rights regarding Dry Creek Ditch No. 2 will be discussed in the future after the 6 key issues have been resolved.
City Response - August 31, 2020 Conveyance of the water rights in Dry Creek Ditch #2 is a high priority. Staff seeks to implement the Sept. 20, 2018 OSBT recommendation as part of the community benefit
package to be considered with the annexation.
CU Response - October 5, 2020 The University cannot commit to any disposal of water rights at this time. All of the University water rights are under review by a consultant.
25 Key Issue Performance- based transportation
City Policies or Council Direction Guiding Principles state that...
The transportation needs generated by future development at the site will not unduly impact the transportation networks that serve the property. Impacts to local and
regional networks will be mitigated through implementation of performance- based standards. The City and CU will complete additional planning and transportation analysis
to further develop performance-based standards, including but not limited to maximum amount of parking, trip budgets, transit use, pedestrian and trail connections and
access to transit passes. Planning considerations will be addressed collaboratively by the City and CU and will include innovative and long-range technologies, including
electric vehicles, autonomous vehicles, etc. as well as possible joint options with City-funded transit.
CU Statement (Feb. 2, 2019)CU Boulder remains committed to the Guiding Principles and will work with the City to identify a performance-based transportation plan at the time that a Concept Design is
presented to the City by CU Boulder.
Staff Response to Feb. 2, 2019 CU Statement The multi-modal traffic access study must be completed, and the study’s conclusions / recommendations concurred by City staff prior to the annexation application being
heard by Planning Board. This study will need to inform the performance standards that will be included in the annexation agreement.
CU Response - January 16, 2020 Key Issue #5 - From letter dated 3/28/19
Conduct a transportation analysis to determine necessary public improvements, access/circulation and performance standards. The City and University both agree that
performance-based transportation standards will be developed (e.g. trip budget). It is City staff’s understanding that a transportation analysis will be conducted prior to
annexation to inform these standards, though the application states that they will be developed at the time of University’s Concept Design (i.e. post annexation). Clarification
and further discussions are needed around the issue of when these standards will be developed. City staff views multi-modal connections through the site and to the RTD
Park-N-Ride as critical factors in mitigating transportation-related impacts of future development. As such, City staff will recommend to City Council that, as part of the
University’s development program, CU Boulder:
• Construct a 12’ wide multi-use path with 2’ wide shoulders on each side of the path along the west boundary of the site on an alignment consistent with what’s in the
Transportation Master Plan (TMP) from SH-93 to Table Mesa Drive;
• Construct an east / west 12’ wide multi-use path with 2’ wide shoulders on each side of the path on the north side of South Loop Drive between Table Mesa Drive and the
US-36 Bikeway path on an alignment consistent with the TMP;
• Enhance the existing bike and pedestrian connection on Table Mesa Drive / S. Boulder Rd from the RTD Park-and-Ride Lot to South Loop Drive. This work would involve
the construction of a 12’ wide multi-use path and the construction of a buffered bike lane on the east side of Table Mesa Road; and
• Obtain the CDOT Access Permit for the new access point (curb-cut) from SH-93. CU Boulder shall pay for the construction of the new intersection and traffic control (stop
sign and/or traffic signal) as required by CDOT.CU Response: No. As we stated, CU Boulder remains committed to the Guiding Principles and will work with the City to
identify a performance-based transportation plan at the time that a Concept Design is presented to the City by CU Boulder.
CU Response: We are open to discussing these requests with the City when more detail can be provided, in the context of the entire agreement and with resolution of other
key issues.
Trans, Planning City Response - August 31, 2020 Comment Noted
CU Response - October 5, 2020 CU and the City are working jointly on a transportation analysis to set a baseline against which further analysis can be judged in the future when CU is ready to commence
development. CU will work with the City to ensure good connections and alignments are created. Please provide updated information regarding the impacts and potential
conflicts of the selected flood mitigation project on TMP alignments.
26 Key Issue Multi-modal hub
City Policies or Council Direction Guiding Principles state that...
Implement a multimodal mobility hub and transit connections between the CU South Boulder property and other Boulder campus locations to manage employee and
resident access and mobility.
Transportation Impacts
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 91 of 101
CU Response
10/5/20
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CU Statement (Feb. 2, 2019)As agreed to in the Guiding Principles, CU Boulder will create a multi- modal hub for transportation when a requisite number of employees and residents are occupying and
accessing the Property at a level that justifies the creation of such multi-modal hub.
On other areas of the Boulder campus, CU Boulder typically includes Vehicular Area Guidelines in the Design Guidelines. Examples of these include:
• Enhance existing streets throughout for safer multi-modal movement and improved appearance utilizing surfacing, lighting, signage, bicycle parking, and site accessories.
• Recognize that campus policy is to give pedestrians and bicycles priority over service and private vehicles in multimodal areas.
• Provide facilities and amenities to encourage alternative means of travel to and from campus, such as information kiosks, bus shelters, maps, and visitor directions.
Staff Response to Feb. 2, 2019 CU Statement Prior to the annexation application being heard by Planning Board, specific information about the standards and construction timing for a mobility hub will be developed. The
multi-modal traffic access study will evaluate the level of transit service to provide convenient service and connectivity between CU Boulder campuses and residential
facilities.
CU Response - January 16, 2020 CU Response: We are open to discussing these requests with the City when more detail can be provided, in the context of the entire agreement and with resolution of other
key issues.
City Response - August 31, 2020 Comment Noted. The City recommends a meeting to further discuss minimum requirements for a future multi-modal hub (e.g., features, location). The City expects a greater
level of detail within the annexation agreement.
CU Response - October 5, 2020 CU and the City are working jointly on a transportation analysis to set a baseline against which further analysis can be judged in the future when CU is ready to commence
development.
27 Key Issue Multi-Modal Access
City Policies or Council Direction
CU Statement (Feb. 2, 2019)
Staff Response to Feb. 2, 2019 CU Statement • City staff will recommend to City Council that CU Boulder construct a 12’ wide multi-use path with 2’ wide shoulders on each side of the path along the west boundary of
the site on an alignment consistent with what’s in the Transportation Master Plan (TMP) from SH-93 to Table Mesa Drive. CU Boulder will grant access to the public for the
multi-use path.
• City staff will recommend to City Council that CU Boulder construct an east / west 12’ wide multi-use path with 2’ wide shoulders on each side of the path on the north side
of South Loop Drive between Table Mesa Drive and the US-36 Bikeway path on an alignment consistent with the TMP. CU Boulder will grant access to the public for the
multi-use path.
• City staff will recommend to City Council that CU Boulder enhance the existing bike and pedestrian connection on Table Mesa Drive / S. Boulder Rd from the RTD Park-
and-Ride Lot to South Loop Drive. This work would involve the construction of a 12’ wide multi-use path and the construction of a buffered bike lane on the east side of
Table Mesa Rd.
• City staff will recommend to City Council that CU Boulder reserve the right-of-way and permit access by the public for any of the other multi-use paths shown in the TMP
on the site.
• City staff will recommend to City Council that CU Boulder maintain the existing paths on the site and grant access to the public.
• The main internal streets on the site shall be designed and constructed by CU Boulder and shall include multi-modal design features.
CU Response - January 16, 2020 CU Response: CU is years away from creating a development plan for the area and the suitability of a mobility hub will depend upon the final flood project scale and
boundaries and whether housing is constructed on the site.
City Response - August 31, 2020 See comment above in topic #26.
CU Response - October 5, 2020 CU has agreed through the Guiding Principles to incorporate connected and safe pedestrian, bike and transit systems through CU South integrated into the broader City
and regional bicycle and pedestrian network, including safe street crossings, trailhead(s), soft surface recreation trails, and a trail link(s) to the South Boulder Creek Trail in
coordination with OSMP. When creating and maintaining recreational opportunities such as trail connections through the property, do so with consideration for likely and
potential impacts to adjacent open space, and for mitigation of those impacts, as appropriate. Once the design of the flood project informs more detail on the need to move
or construct new paths, we will work closely with the City to meet as many of these standards as possible.
28 Key Issue Access / Circulation
City Policies or Council Direction
CU Statement (Feb. 2, 2019)
Staff Response to Feb. 2, 2019 CU Statement CU Boulder shall obtain the CDOT Access Permit for the new access point (curb-cut) from SH-93. CU Boulder shall pay for the construction of the new intersection and
traffic control (stop sign and/or traffic signal) as required by CDOT. The existing multi-use path must be integrated into the design of the intersection.
CU Response - January 16, 2020 CU Response: If access is required from SH-93 prior to CU's development of the area and is needed for the City to conduct, perform, execute, maintain, or in any other way
operate their Project, now or in the future, the City is fully responsible for all costs and permits related to vehicle access from SH-93. City is also responible for any multi-use
path that is requested or necessitated prior to CU's development of the area.
City Response - August 31, 2020 The City does not anticipate taking access from SH-93.
CU Response - October 5, 2020 Provided that the City does not require hwy 93 access during construction of the flood project, CU agrees with the Staff Response from 2/2/2019.
29 Key Issue Connected multi-modal system
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 92 of 101
CU Response
10/5/20
15
City Policies or Council Direction Guiding Principles state that...
Incorporate connected and safe pedestrian, bike and transit systems through CU South integrated into the broader City and regional bicycle and pedestrian network,
including safe street crossings, trailhead(s), soft surface recreation trails and a trail link(s) to the South Boulder Creek Trail in coordination with OSMP. When creating and
maintaining recreational opportunities, such as trail connections through the property, do so with consideration for likely and potential impacts to adjacent open space, and
for mitigation of those impacts, as appropriate.
CU Statement (Feb. 2, 2019)On other areas of the Boulder campus, CU Boulder typically includes Vehicular Area Guidelines in the Design Guidelines. Examples of these include:
• Place generously-sized bicycle parking areas along multimodal streets and near campus activity centers and student residence halls and courts.
• Orient bus shelters to allow sufficient views of arriving buses and to provide shelter from prevailing winter winds and snow. Include seating, trash receptacles, bus
schedules, and brightly lit interiors. Use vandal-resistant materials including break-resistant glazing and coated black steel structures and roofs.
• Establish drop-off zones near major activity centers for convenient use. Provide seating for waiting, attractive landscaping, emergency telephones, and adequate lighting.
• Provide landscaping in and around parking lots to soften hardscape appearances from streets, break up extended rows of cars, and provide shade.
• Ensure adequate lighting for safe use and clear pathways from parking lots to adjacent building entrances. Design sufficient setbacks between parking lots and streets,
which could include raised landscaping, berms, and/or walls to block views into the lot.
• Include loading and service vehicle parking spaces adjacent to major buildings. Screen or buffer views to service areas where possible with a combination of screen walls,
opaque enclosures, gates, and landscaping. Limit service parking to designated spaces only.
• Provide raised curbs selectively along campus walkways to discourage all modes of transportation from crossing or parking on lawns or adjacent landscaping.
Staff Response to Feb. 2, 2019 CU Statement • The site development should provide children’s play areas if the anticipated CU Boulder housing would accommodate families. The BVCP calls out a Level of Service
standard for playgrounds at 1⁄4 mile. Depending upon the proximity of future development on CU South, a playground may be warranted. At a minimum, sidewalk and path
connections should be planned to connect future residents to the existing Tantra Park.
• All landscaping within public rights-of-way and along private streets will meet the City’s minimum street tree and planting strip requirements.
• Any roads or trails on land conveyed to the City, including any potential connectors to adjacent City Open Space, will either be designated by the City and become a part
of the City’s Open Space system or abandoned by restoring the underlying land at the City’s expense. Designated roads and trails will need to be accessed from designated
trailheads and access points. OSMP staff would like to remind CU of the following: all OSMP fences and boundaries must be respected at all times; and no gates, trail
connections or other access points will be allowed from the CU property onto City Open Space without prior approval from the Open Space Board of Trustees and in
accordance with the gate policy of OSMP.
• In the spirit of the Guiding Principles, the City will coordinate with CU Boulder on the development of any new trail, or the designation or abandonment of any existing
roads and trails, on land conveyed to the City. However, final determination on any of the above will be at the City’s sole discretion
CU Response - January 16, 2020 CU Response: CU will perform to the University standards listed and will consider playgrounds as appropriate to any housing developed on the site. Landscaping along right-
of-ways will follow CU guidelines.
City Response - August 31, 2020 More discussion is needed regarding these comments, particularly relating to urban parks and landscaping standards. The Urban Service Criteria & Standards (BVCP
Chapter 7) provide minimum requirements or thresholds for facilities and services that must be delivered prior to approving new urban development in the unincorporated
area, and they provide the City a basis for linking the phasing of growth to the planning provision of a full range of urban services in Area II (particularly in annexations).
CU Response - October 5, 2020 City comments are not relevant to multi-modal systems. We stand by our prior comment from January 16th, 2020.
30 Key Issue Protect neighborhoods from Transportation Impacts
City Policies or Council Direction Guiding Principles state that...
The street design will minimize impacts into nearby residential neighborhoods, such as Tantra Park, Basemar, Martin Acres and High View.
CU Statement (Feb. 2, 2019)As agreed to in the Guiding Principles, CU Boulder will minimize impacts into nearby residential neighborhoods. CU Boulder shall be given access to City streets and
roadways at such points as are reasonably necessary to develop the Property and consistent with applicable provisions of the state highway access code and City’s site
access standards. The City will be given the opportunity to provide input during the Concept Design for CU Boulder South.
Staff Response to Feb. 2, 2019 CU Statement The multi-modal traffic access study will evaluate ways to minimize impacts to adjacent neighborhoods and other key issues.
CU Response - January 16, 2020 CU Response: Per our May 20, 2019 letter, "We are open to discussing these requests with the City when more detail can be provided, in the context of the entire
agreement and with resolution of the major issues above."
City Response - August 31, 2020 Comment noted.
CU Response - October 5, 2020 CU and the City are working jointly on a transportation analysis to set a baseline against which further analysis can be judged in the future when CU is ready to commence
development.
31 Key Issue No Bypass
City Policies or Council Direction Guiding Principles state that...
Discourage any outside traffic from cutting through the property to avoid impacts to the Table Mesa Drive/Broadway connection.
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 93 of 101
CU Response
10/5/20
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CU Statement (Feb. 2, 2019)CU Boulder has committed to not creating a “bypass” roadway between SH 93 and US 36. CU Boulder will evaluate options for managing and restricting future traffic
through traffic calming, speed reduction, and other design measures to ensure that a bypass roadway is not created between SH 93 and US 36.
Staff Response to Feb. 2, 2019 CU Statement Agreed. Provisions will need to be made to allow transit buses and emergency response vehicles access through the site. Additionally, the multi-modal traffic access study
will evaluate ways to discourage through traffic.
CU Response - January 16, 2020 CU Response: Per our May 20, 2019 letter, "We are open to discussing these requests with the City when more detail can be provided, in the context of the entire
agreement and with resolution of the major issues above."
City Response - August 31, 2020 Comment noted.
CU Response - October 5, 2020 Agreement between staff and CU Boulder indicated by the CU Feb 2 comment and subsequent Staff response.
32 Key Issue Viewsheds
City Policies or Council Direction Guiding Principles state that...
Buildings will be designed and sited in a manner to protect views and contribute positively to the character of the City’s “gateway”.
Building location, massing and height will protect and complement views of the mountain backdrop, particularly the viewsheds from the US Highway 36 bike path, the South
Boulder Creek Trail, US Highway 36 and State Highway 93.
CU Statement (Feb. 2, 2019)CU Boulder has high standards for future development across all of its campus, and shares the same values as the City regarding gateway character and preservation of
the mountain backdrop. CU Boulder agrees, and notes that CU Boulder's PK-U/O and OS-O designated land is located closest to the US 36, the primary access point to the
City. These areas will act as the "gateway" to the City by contributing towards the City of Boulder's BVCP Community Identity and Land Use Pattern Policy 2.05 Design of
Community Edges and Entryways.
Preliminary viewshed analysis of the mountain backdrop demonstrate that buildings up to 110' will not impede views of the mountain backdrop, and we are restricting
buildings to 55’ through the Guiding Principles.
On other areas of the Boulder campus, CU Boulder includes Landscaping Guidelines that address the relationship between the campus and the natural foothills landscape,
campus land contours, drainage, and plantings in relation to buildings.
• Identify and preserve view corridors, especially to the mountain backdrop.
• The 2007 Design Guidelines include Community Interface Guidelines, which address campus corners, edges, entrances, and connections between other CU Boulder
campuses and the City.
• Create large-scale landscape designs at campus corners including mass plantings and clear durable functional identification signage. Consult the campus signage
standards for all signage designs.
• Provide campus edge landscaping, signage, site accessories, and material selections to create a break between adjacent uses while maintaining a sense of continuity,
softening views of perimeter parking lots, and improving safety for all modes of movement along the campus interconnections with the community.
• Enhance transitions to and from the campus through appropriate lighting levels, simple and functional signage, appropriately scaled plant material, and elimination of
clutter.
• Link CU Boulder properties through functional circulation systems, similar landscaping and accessories, and directional signage.
Staff Response to Feb. 2, 2019 CU Statement Viewshed Protection : Both the City and CU Boulder agree that identifying and protecting high- quality view corridors is important. City staff proposes a height ceiling
concept as a method for protecting views of the mountain backdrop.
The height ceiling concept would include determining an elevation that no building can exceed. For example, the highest point on the southwest hillside is 5,465 (per City
GIS) - roughly 100 feet from the lowest point of the Development Tract. A height ceiling at or around that elevation would allow 4 – 5 story buildings in the lower areas of the
Development Tract, with progressively shorter buildings as the elevation increases toward the west. This approach could provide design latitude while protecting views of
the mountain backdrop.
Outdoor Lighting: City staff propose that future lighting comply with the City’s outdoor lighting standards to reduce impacts to wildlife in the South Boulder Creek riparian
area. This would involve (i) compliance with the City’s outdoor lighting standards and (ii) submit, at an appropriate time determined by the University, a Letter of Certification
that the University’s planned lighting complies with B.R.C. 9-9-16.g.
CU Response - January 16, 2020 CU Response: Viewshields will be negotiated after the 6 key issues have been resolved.
City Response - August 31, 2020 Comment Noted.
CU Response October 5, 2020 CU agrees to the "ceiling" concept subject to drafting of more descriptive language on the method of determination. CU also agrees to comply with the specifications under
City's outdoor lighting standards.
33 Key Issue Building Height
City Policies or Council Direction Guiding Principles state that...
Building heights will maintain general consistency with the City’s height limits, with buildings varying in height and visual interest. Building heights will transition gently from
the open space and to neighborhoods to the west.
Building Mass, Height, and Design
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 94 of 101
CU Response
10/5/20
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CU Statement (Feb. 2, 2019)CU Boulder has agreed to “maintain general consistency with the City’s height limits” which means that CU Boulder will abide by a height limit of 55 feet for the construction
of buildings on CU Boulder South, with building height being measured as the vertical distance from the average of the finished ground level to the average height of a
finished roof.
Natural grades and contours of the Property will allow for gentle transitions from open space and to neighborhoods to the west.
Staff Response to Feb. 2, 2019 CU Statement Building Height
Buildings within the City of Boulder have been constructed with the City’s height limit since 1971. More information is needed to determine if staff are supportive of using an
alternate method for measuring building height, such as an analysis indicating a need to use an alternative approach.
City and University staff are in agreement that future development will be designed with natural contours. However, more information is needed to quantify how this standard
will be achieved. Please provide specific standards or a diagram showing how the University plans to meet this goal
Regarding Varying Height
Please indicate your willingness to include the following standard as a guide for future master planning and site planning: §M-1-28(b) Please propose amendments as
necessary.
Regarding Transitions to Neighborhood:
City staff proposes that the annexation include a suite of tools the University would use to avoid or minimize noise and visual conflicts between adjacent residential land
uses and future development. Examples include interface zones, transitional areas, site and building design and cascading gradients of density in the design of the site.
CU Response - January 16, 2020 CU Response: See our response above on Feb 2, 2019. City and CU staff are currently discussing standards for benchmark heights across the property.
City Response - August 31, 2020 Please provide more specific information about why the measurements for building height, as prescribed in Article V, Section 84 of the Charter of the City of Boulder, cannot
be applied to buildings on this site. Please also provide information about how the site will be designed to follow natural contours.
CU Response - October 5, 2020 CU is a state entity and not subject to City code, however, in this case we can measure height consistent with the City's measurement methodology as follows:
Height means the vertical distance from the lowest point within twenty-five feet of the tallest side of the structure to the uppermost point of the roof. The lowest point shall be
calculated using the natural grade. The tallest side shall be that side whose lowest exposed exterior point is lower in elevation than the lowest exposed exterior point of any
other side of the building.
34 Key Issue Wetlands
City Policies or Council Direction Guiding Principles state that...
Wetlands will be maintained, preserved, protected, restored and enhanced in a manner consistent with the City’s Land Use Code.
CU Statement (Feb. 2, 2019)Agreed
Staff Response to Feb. 2, 2019 CU Statement The City will require a wetland delineation of the flood mitigation project area for environmental permitting. Prior to the first reading of the annexation ordinance, all wetlands
on the site must be delineated in compliance with the City’s Stream, Wetland and Water Body ordinance. As previously discussed with CU Boulder staff, the City
recommends that CU Boulder and the City conduct a joint wetland delineation, with costs split proportionate to the land area required for each purpose.
As a condition of annexation, CU Boulder will be responsible for obtaining all necessary environmental permits and mitigate for environmental impacts resulting from any
development on CU land, including a City of Boulder Stream, Wetland and Water Body permit.
Any activities performed in the wetland or wetland buffer areas shall be regulated by the City’s Stream, Wetlands and Water Body Protection ordinance and may require a
wetland permit.
CU Response - January 16, 2020 CU Response: More discussion and detail is required for CU to respond.
City Response - August 31, 2020 Comment noted. City staff recommend a meeting with the applicable staff to answer questions about these requirements.
CU Response - October 5, 2020 CU agrees to conduct a joint wetlands delineation study prior to the first reading of the annexation ordinance. Expense for the delineation will be borne proportionally by
each entity according to the final land ownership interests as determined by the annexation agreement. CU agrees that as a condition of annexation, CU Boulder will be
responsible for obtaining all necessary environmental permits and mitigate for environmental impacts resulting from any development on CU land, including a City of
Boulder Stream, Wetland and Water Body permit.
35 Key Issue Steep Slopes
City Policies or Council Direction Guiding Principles state that...
Development on slopes at or exceeding 15 percent will be minimized in a manner consistent with the City’s Land Use Code.
CU Statement (Feb. 2, 2019)Agreed
Staff Response to Feb. 2, 2019 CU Statement Hillside Development
The CU South Shapins Study (2002) identified potential building pads on portions of the western slopes, particularly the southwest slopes. The conceptual plan developed
in 2017 included 66.2 acres identified as “Natural No Build Area Including Wetlands” along the eastern and western areas of the site.
Section 9-2-17 of the City’s Land Use Code states that “in annexations of hillside areas, the City council may impose conditions designed to mitigate the effects of
development on lands containing slopes of fifteen percent or greater.” As shown on page 18 of this map packet, several areas along the western portion of the site contain
slopes that exceed 15 percent.
Please provide a narrative or illustration describing areas along the western hillside that you do and do not anticipate exploring for future development. If you do anticipate
development along the western hillside(s), please describe your approach to ensuring compatibility with adjacent land uses (e.g. housing type, density, building height, etc.)
and specific steps to be taken to account for the suitability for future development and access (e.g. noise mitigation, lighting, etc.)
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 95 of 101
CU Response
10/5/20
18
CU Response - January 16, 2020 CU Response: Once the City has selected a final flood mitigation project and negotiated with CU what final area will be available for development, recognizing that we will
have no detailed development plans at time of annexation, we can agree to identify the areas available for development that have a 15% or greater slope and will agree not
to develop within such areas. There will be no details beyond this to provide a narrative or illustration of before annexation is required.
City Response - August 31, 2020 The City and CU Boulder appear to preliminarily agree on how to address this topic (e.g., steep slope avoidance, limited impact zone).
CU Response - October 5, 2020 Complete.
36 Key Issue Clustered, Village Design
City Policies or Council Direction Guiding Principles state that...
Residential development will be of high quality and contextually appropriate to neighboring properties.
Development will be compact, clustered in a village style. Any non-residential buildings will be human- scaled.
CU Statement (Feb. 2, 2019)Agreed.
Staff Response to Feb. 2, 2019 CU Statement During the study session on Oct. 9, City Council asked for more specific definitions for terms like “village concept”. Below are examples of existing definitions with sources.
Please respond to the following two questions:
1. Indicate your willingness to include these definitions in the annexation agreement and/or offer any suggested amendments.
2. Indicate when, in the University’s process, design guidelines for CU South will be developed and how the City can provide input into the guidelines.
“High Quality”: Building Design Quality and Aesthetics.Design high-quality buildings that are compatible with the character of the area through simple, proportional, and
varied design, high quality and natural building materials that create a sense of permanence, and building detailing, materials and proportions (referenced from Boulder
Land Use Code §M-1-3).
“Compact, clustered in a village style”: The heart of the village will have a recognizable center, discrete physical boundaries, and a pedestrian scale and orientation.
Residential buildings will be located in a contiguous group, with adjacent and fronting lots oriented toward each other in some ordered geometric way—as on a street, a
green, or a paved square—and forming a distinct boundary with the surrounding countryside. Future planning will emphasize an orderly mix of land uses that meets the
daily needs of on-site residents. This mix is intended to contain convenience retail, food services, personnel, and other student service uses as determined through further
planning and consistent with University needs. Direct pedestrian linkages will be provided between residential and non-residential uses.
Human-scaled: Projects are designed to a human scale and promote a safe and vibrant pedestrian experience through the location of building frontages along public
streets, plazas, sidewalks and paths, and through the use of building elements, design details and landscape materials that include, without limitation, the location of
entrances and windows, and the creation of transparency and activity at the pedestrian level (referenced from Boulder Land Use Code §M-1-3).• Usable open space is
arranged to be accessible and functional and incorporates quality landscaping, a mixture of sun and shade and places to gather. Open space designated for active
recreational purposes is of a size that it will be functionally useable and located in a safe and convenient proximity to the uses to which it is meant to serve. The open space
will provide a buffer to protect sensitive environmental features and natural areas. (Referenced from B.R.C. §9-2-14(h)-2(A))
CU Response - January 16, 2020 CU Response: See response to "Review Process on Future Development Plans" above. CU has offered the City and community to have input on the campus Master Plan,
and then a 60 day review and input on conceptual plans for the overall development of the site.
City Response - August 31, 2020 Members of City Council and the Planning Board recently reiterated interest in further defining concepts that are included in the CU South Guiding Principles (e.g., village
concept). Please review the proposal above and indicate whether the language would be acceptable to include in an annexation agreement. Staff’s intent in proposing these
concepts was for each to be incorporated into future design guidelines for the site.
Staff appreciates the opportunity to review future plans at the conceptual design stage. However, future reviews alone will not provide certainty about how the concepts
within the guiding principles will be implemented.
CU Response - October 5, 2020 CU is working on overarching design guidelines for CU Boulder South and will work to provide those to the City by November 1.
37 Key Issue Structures within the 500- year floodplain
City Policies or Council Direction Guiding Principles state that...
All enclosed academic structures, offices, or residential uses will be constructed outside of the FEMA 500-year floodplain.
CU Statement (Feb. 2, 2019)As agreed to in the Guiding Principles, no habitable structures or academic buildings will be built on the Property within the FEMA 500-year floodplain.
Notwithstanding the foregoing, If additional land is required for the flood mitigation project outside of the PK-UO designated portion of the Property or if the City Council
selects a flood mitigation project that would change the boundaries of the 500-year flood plain, or if the City proposes any other boundary changes, and University agrees to
such adjustment, the City shall change the BVCP to allow development in the 500-year flood plain.
Site Design & Quality
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 96 of 101
CU Response
10/5/20
19
Staff Response to Feb. 2, 2019 CU Statement The flood mitigation project will be designed to mitigate for a 500-year storm event. As such, the detention area for the flood mitigation project will be in the 500-year
floodplain. Although the City’s floodplain regulations would allow buildings for human occupancy in the 500-year floodplain, the City would restrict such buildings in a flood
mitigation detention area. Any future development in the detention area could affect the volume of water that would be detained, and therefore reduce the effectiveness of
the mitigation project.
If necessary, City staff will coordinate the review of Land Use Map changes. Such changes, if made prior to annexation, require approval of the City of Boulder Planning
Board and City Council, with a Call-up option for the Boulder County Board of County Commissioners. The land use change may be processed prior to public hearings on
the annexation application.
Critical Facilities. Any structure in the floodplain consider a critical facility or lodging facility (including student housing) will require an emergency management plan
approval prior to issuance of a floodplain development permit, that meets the requirements of the City’s floodplain development regulations. All structures in the floodplain
will be required to comply with the City’s floodplain development regulations in effect at the time of permitting and may require a floodplain development permit.
CU Response - January 16, 2020 CU Response: As long as the University retains the right to develop no less than 129 acres in the area designated as Public, the University commits that no habitable
structures or academic buildings will be built on the site within the FEMA 500-year flood plain. CU will follow FEMA regulations regarding floodplain development and will
submit a floodplain development permit to the City of Boulder. CU is not required to follow the Critical Facilities Ordinance or High Hazard zone requirements, as those are
local regulations. If the University does not retain the right to develop the full 129 acres in the area designated as Public and is granted the right to develop some acreage in
the area designated as OS-O, the University will be allowed to develop in the 500 year flood plain, if any, in those OS-O designated acres.
City Response - August 31, 2020 City Council directed staff to proceed with the Variant 1, 100-year concept, which anticipates 129 acres of land available for future University development. Please see
comments above (Topic #6) concerning floodplain management.
CU Response - October 5, 2020 CU's January 16 response still stands.
38 Key Issue Building Standards
City Policies or Council Direction Guiding Principles state that...
It will model future resilience and sustainability for design, construction, and maintenance strategies. Development will meet the equivalent of the U.S. Green Building
Council’s Gold or Platinum LEED standards or other applicable sustainability standards for residential development.
CU Statement (Feb. 2, 2019)CU Boulder’s development will model future resiliency and sustainability for design, construction and maintenance strategies. CU Boulder is required by the state to build to
USGBC LEED Gold or equivalent.
Staff Response to Feb. 2, 2019 CU Statement City staff proposes that future development meeting the USGBC LEED Gold standard achieve 12 points within the Energy and Atmosphere credit number two: Minimum
Energy Performance. The University would share a copy of the LEED application once submitted and the final LEED certification once received by the USGBC.
CU Response - January 16, 2020 CU Response: CU Boulder’s development will model future resiliency and sustainability for design, construction and maintenance strategies. CU Boulder is required by the
state to build to USGBC LEED Gold or equivalent.
City Response - August 31, 2020 There appears to be general agreement about how to address this topic.
CU Response - October 5, 2020 Complete.
39 Key Issue Public access to site
City Policies or Council Direction Guiding Principles state that...
Access will continue to be allowed on the site consistent with public access provided on other CU campuses.
CU Statement (Feb. 2, 2019)Agreed.
Staff Response to Feb. 2, 2019 CU Statement Prior to annexation, submit a pre-development access management plan that describes, at a high level, how trash, public parking, signage and public access timing will be
managed.
Parks and Recreation• CU Boulder should consider the development of a formal running track with field sports as part of the Campus Master Plan update. Throughout the
past several years, the City has gotten increasing numbers of track and field athletes approaching the City and requesting a new facility for these types of sports. This is in
large part to decreased access of the public on to CU Boulder tracks and limited availability on Boulder Valley School District tracks. A new track and field venue at CU
South, with some level of public access, would solve many of these types of challenges.
• Similarly, City staff requests that CU Boulder consider a publicly accessible dog park in their future plans for CU South. This area has long performed as an off-leash dog
area for all the various residential areas adjacent to the site and this area of the City could use a designated dog park. Currently, the City provides dog parks in the east part
of the City (East Boulder Community Park, Valmont) and the north at Foothills Community Park.
• Parks and Recreation staff will review and coordinate with the applicant to determine the appropriate park uses and sizes (for any shared parks and recreation facilities)
according to the Parks and Recreation Design Standards and needs assessment of park amenities for the CU south area.
CU Response - January 16, 2020 CU Response: Access will continue to be allowed on the site consistent with public access provided on other CU campuses. CU will consider site amenities for public
enjoyment during later designing phases.
City Response - August 31, 2020 City staff appreciates the University's recent interest in engagement in a dialogue with Parks & Recreation and BVSD concerning future park and recreation uses.
CU Response - October 5, 2020 We commit to continuing the conversations with Parks and Recreation staff and BVSD to determine the future uses/needs for public recreation and the total acreage and
placement they require. We agree to collaborate with City Parks and Recreation on mutually acceptable design standards for development of parks and rec facilities.
40 Key Issue Prohibited Uses
City Policies or Council Direction Guiding Principles state that...
The site will not include large-scale sport venues (i.e., football stadium), high rise buildings (maintaining substantial consistency with the City’s height limits), large research
complexes, such as those on East Campus, roadway bypass between Highway 93 and Highway 36 or first-year student housing.
Land Use Mix
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 97 of 101
CU Response
10/5/20
20
CU Statement (Feb. 2, 2019)Agreed.
Staff Response to Feb. 2, 2019 CU Statement Prior to annexation, definitions for a large-scale sports venue and large research complex will be developed.
CU Response - January 16, 2020 CU Response: Definitions will be provided after the 6 key issues have been resolved.
City Response - August 31, 2020 Comment noted.
CU Response - October 5, 2020 The guiding principles and examples above provide sufficient guidance along with the other restrictions CU has agreed to such as the 55 foot height limitation, viewshed
protection and housing as the predominant use of the site (specifically not including non-first year student housing).
41 Key Issue Housing the Predominant Use
City Policies or Council Direction Guiding Principles state that...
Housing will be the predominant use of the site for areas not used for flood mitigation (i.e., with a target of 1,100 residential units and the final number guided by
transportation performance and other site constraints), although the site may include a mix of residential and non-residential and facilities. The site will emphasize housing
units over non- residential space (jobs) to help balance jobs and housing in the community.
CU Statement (Feb. 2, 2019)CU Boulder will prioritize building housing for faculty, staff, graduate students and non-first year students on the Property to facilitate the goal shared by CU Boulder and the
City to provide more housing on University property. CU Boulder is committed to not building first year student housing on the Property and no fraternities or sororities will be
located on this Property. CU Boulder cannot commit to a specific development plan at this time as no development plans currently exist.
Staff Response to Feb. 2, 2019 CU Statement No further comments by City staff.
CU Response - January 16, 2020 CU Response:Should the City select a flood mitigation project that places an east-west dam across the entire north-end of the property, thereby isolating the developable
property from Table Mesa and the local community, the University will need to determine if, and to what degree, housing remains suitable and feasible behind the dam. If
housing is deemed suitable, the University commits that development on the site will be compact and clustered in a village style. (BVCP GP)
City Response - August 31, 2020 City staff understands that the University's stance on this issue has evolved to include that housing will be the predominant use provided that multiple points of access are
provided.
CU Response - October 5, 2020 Now that the City has selected Variant 1-100 year, the University can recommit to housing being the predominant use with multiple points of access to the property.
42 Key Issue Housing for University needs
City Policies or Council Direction Guiding Principles state that...
Housing on the site will meet the needs of University faculty, staff and non-freshmen students in order to address the fact that Boulder housing is currently unaffordable to
faculty, staff and students. Providing workforce and non-freshmen housing will contribute positively to the community’s housing affordability goals and aid the University in its
recruitment and retention. Housing should be mutually beneficial to the community and University and integrated with needs of the community rather than built as isolated
enclaves.
CU Statement (Feb. 2, 2019)Agreed. If CU Boulder builds the anticipated 1,100 units on the Property, this would increase the City’s total housing stock by over 2.4%, providing housing for CU Boulder
staff, faculty and students, thereby relieving pressures on existing local housing stock and transportation arteries into the City.
Staff Response to Feb. 2, 2019 CU Statement For any future residential development the requirements of B.R.C. 9-13, Inclusionary Housing or any future affordable housing program that may replace Inclusionary
Housing would apply unless the owner is otherwise exempt from zoning regulations.
CU Response - January 16, 2020 CU Response: See the response above for "Housing for Predominant Use". CU is not subject to City zoning, or the Inclusionary Housing or affordable housing programs.
City Response - August 31, 2020 The intent of the comment above was to be responsive to any future changes in property ownership (i.e., if the site is sold to a private property owner). While annexation
agreements “run with the land”, the City and CU Boulder should agree on contingencies that address future conveyance of the property to a non-state entity.
CU Response - October 5, 2020 The University continues to intend that housing developed on the site will be to address faculty/staff and student needs. The potential of a future change in ownership of the
property should be addressed in an additional separate section dedicated to this topic.
43 Key Issue Non-residential Uses
City Policies or Council Direction Guiding Principles state that...
The overall non-residential space footprint will be minimized and support and benefit the convenience of the residents, employees and visitors to residential and
recreational uses of the property.
The exact amount, types and location of residential and non-residential space will be refined to minimize impacts as a long-term master plan is developed and as
transportation analysis is conducted.
Academic facilities will include space for research and/or education pertaining to natural environment, such as ecological restoration, floodplains and related topics.
CU Statement (Feb. 2, 2019)Agreed.
Staff Response to Feb. 2, 2019 CU Statement The City acknowledges that a transportation analysis will be completed during the annexation review to determine the maximum amount of non-residential space and
residential units.
CU Response - January 16, 2020 Our long-term master plan and eventual development plans will inform a transportation many years from now. Further, non-residential uses as a percentage on the property
may expand to 100% if the University should deem the property to be unsuitable for housing with the selection of Variant I.
City Response - August 31, 2020 City staff understands that the University's stance on this issue has evolved to include that housing will be the predominant use provided that multiple points of access are
provided.
CU Response - October 5, 2020 CU agrees that housing will be the predominant use provided that multiple points of access to the site are provided. CU and the City are working jointly on a transportation
analysis to set a baseline against which further analysis can be judged in the future when CU is ready to commence development.
44 Key Issue Phasing of Non- residential Development
City Policies or Council Direction Guiding Principles state that...
Except for recreation facilities, development will be phased such that non-residential space will be phased after a significant amount of housing is built. Later phases will be
dependent on demonstrating that initial phases achieve objectives of mitigating impacts.
CU Statement (Feb. 2, 2019)Agreed.
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 98 of 101
CU Response
10/5/20
21
Staff Response to Feb. 2, 2019 CU Statement Please propose a standard or definition for a “significant amount” housing. For example, would the University master plan include a general phasing schedule that would be
referenced here?
CU Response - January 16, 2020 CU Response: Our long-term master plan and eventual development plans will inform what will be developed on the site many years from now. Further, non-residential
uses may be the first and only type of development on the site with the selection of Variant I.
City Response - August 31, 2020 Staff has significant concerns around a solely non-residential development program and understands that the University's current position is that that future housing is
dependent upon having "multiple access points" to the site. Assuming that housing is the predominant use, a definition and/or phasing plan for "significant amount of
housing" is needed, as well as which mitigation measures will be used to determine the timing of later phases (per the guiding principles).
CU Response - October 5, 2020 Now that the City has selected Variant 1-100 year, the University can recommit to housing being the predominant use with multiple points of access to the property. A
phasing schedule will be available once the University has finished a micro master plan for development of the Public Area of CU South and initial plans for development on
the site, which the City will have opportunity to provide input on as provided in this annexation agreement (see line 40 above for detail on the pre-development and
development review tracks).
45 Key Issue Emergency Connectivity
City Policies or Council Direction Guiding Principles state that...
Limited ingress and egress via local connections may be provided for emergency, life safety situations. Develop an Emergency Service and Evacuation Plan to address
emergencies and use of emergency access and connections.
CU Statement (Feb. 2, 2019)CU will provide limited ingress and egress connections for specific individuals/organizations/providers/units who are certified to provide services in emergency and life safety
situations. Planning of these connections and identification of relevant parties will be determined later during property planning efforts.
The City can anticipate emergency connectivity to be similar to those of other CU Boulder properties within the City limits.
Staff Response to Feb. 2, 2019 CU Statement Collaborate on a public safety facility.
City staff proposes that the City and University jointly explore a public safety facility to collocate CU Boulder Police and City of Boulder Fire & Rescue personnel and
vehicles. A joint facility could benefit both organizations greatly by achieving an extremely short response call time to future CU South residents and visitors and meet a City
goal of relocating Fire Station #4.
Please indicate if this concept is acceptable to the University. Should CU Boulder be amenable to this concept, City staff proposes a meeting between the appropriate staff
to begin discussing this concept further.
Fire & Rescue
1. All buildings greater than 2000 sq. ft. must have a fire sprinkler system (new buildings)
2. Fire Department access must, at a minimum meet the City of Boulder Design and Construction Standard for emergency access concerning road widths, turn-arounds,
and turning radius
3. Fire hydrants shall be spaced and installed in accordance with the City of Boulder Design and Construction Standard.
4. The size of the site will require a second emergency access entrance/exit. This is something that needs to be considered with the master planning of the site.
5. No emergency access can exceed 8% grade.
CU Response - January 16, 2020 Key Issue #6 - From letter dated 3/28/19
City staff proposes that the City and University jointly explore a public safety facility to collocate CU Boulder Police and City of Boulder Fire & Rescue personnel and
vehicles. A joint facility could benefit both organizations greatly by achieving an extremely short response call time to future CU South residents and visitors and meet a City
goal of relocating Fire Station #4. Please indicate if this concept is acceptable to the University. Should CU Boulder be amenable to this concept, City staff proposes a
meeting between the appropriate staff to begin discussing this concept further.
CU Response: CU Boulder is open to exploring this concept.
City Response - August 31, 2020 The City looks forward to further discussions on this topic.
CU Response - October 5, 2020 The University is offering to provide up to two acres, subject to approval by the University of Colorado Regents, for a public safety facility at a location which is mutually
agreed to by both parties.
46 Key Issue Land use change process
City Policies or Council Direction Guiding Principles state that...
The Land Use Map may be amended to enable the City and CU to implement a shared vision for the site. The standard process detailed in the BVCP will guide any future
land use designation changes.
CU Statement (Feb. 2, 2019)Agreed, consistent with CU Boulder Response under Flood Mitigation: Section 3(C ).
Public Safety/Emergency Connectivity
Land Use Designation Changes
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 99 of 101
CU Response
10/5/20
22
Staff Response to Feb. 2, 2019 CU Statement If necessary, City staff will coordinate the review of Land Use Map changes. Such changes, if made prior to annexation, require approval of the City of Boulder Planning
Board and City Council, with a Call-up option for the Boulder County Board of County Commissioners. The land use change may be processed prior to public hearings on
the annexation application.
To be eligible for a Land Use Map change, the proposed change:
1. on balance, is consistent with the policies and overall intent of the comprehensive plan;
2. would not have significant cross-jurisdictional impacts that may affect residents, properties or facilities outside the City;
3. would not materially affect the land use and growth projections that were the basis of the comprehensive plan;
4. does not materially affect the adequacy or availability of urban facilities and services to the immediate area or to the overall service area of the City of Boulder;
5. would not materially affect the adopted Capital Improvements Program of the City of Boulder; and
6. would not affect the Area II/Area III boundaries in the comprehensive plan.
CU Response - October 5, 2020 At this time it appears that no land use map changes will be required with the current flood project selection of Variant 1-100.
47 Key Issue Water and Wastewater Service Agreement
City Policies or Council Direction The Guiding Principles state that future agreements between the City and University will be contingent on the ability of the City to provide adequate urban facilities and
services and the University’s contribution to cover the cost of the necessary services and utilities on site and to address off-site impacts to systems.
CU Statement (Feb. 2, 2019)Consistent with CU Boulder’s Main Campus, CU Boulder South shall be subject to the Water and Wastewater Service Agreement of January 1997 between the parties
Staff Response to Feb. 2, 2019 CU Statement Further analysis is needed to understand the extent to which the 1997 agreement is in alignment with current City water and wastewater service practices. A new agreement
or amendments to the 1997 agreement may be needed to provide CU South development-specific service or connection details.
Utilities
1. A water system distribution analysis is needed prior to connection to the City’s water distribution system, in order to assess the impacts and service demands of the
proposed development. Conformance with the City’s Treated Water Master Plan, October 2011 is necessary.
2. A collection system analysis is needed prior to connection to the City’s wastewater collection system, to determine any system impacts based on the proposed demands
of the development. The analysis will need to show conformance with the City’s Wastewater Collection System Master Plan, July 2016.
3. On-site and off-site water main and wastewater main construction per the City of Boulder Design and Construction Standards (DCS) as necessary to serve the
development, as well as perpetuate the overall system, may be required. All proposed public utilities for this project shall be designed in accordance with the DCS.
CU Response - January 16, 2020 CU Response: Consistent with CU Boulder’s Main Campus, CU Boulder South shall be subject to the Water and Wastewater Service Agreement of January 1997 between
the parties.
City Response - August 31, 2020 An arrangement for the provision of water and wastewater will be resolved prior to annexation of the site.
CU Response - October 5, 2020 CU requests any amendments the City might propose to the 1997 agreement so that we can take those under advisement.
48 Key Issue Stormwater Plant Investment Fees
City Policies or Council Direction N/A
CU Statement (Feb. 2, 2019)N/A
Staff Response to Feb. 2, 2019 CU Statement At the time of development, CU will be responsible for paying all Plant Investment Fees applicable at that time.
CU Response - January 16, 2020 CU Response: Agree in concept. Need more detail.
City Response - August 31, 2020 Additional information will be provided. The Plant Investment Fees will be set at the time of development.
CU Response - October 5, 2020 CU agrees. CU also currently has PIF credits which we would apply to this development if they are still available at the time CU commences development.
49 Key Issue Stormwater requirements
City Policies or Council Direction Guiding Principles state that...
Stormwater impacts of new development will be mitigated based on established criteria for minor and major storm events and applicable stormwater quality requirements.
Preservation or restoration of existing undeveloped areas will be considered to attenuate peak runoff from the site and to mitigate stormwater quality impacts.
CU Statement (Feb. 2, 2019)CU Boulder will adhere to State stormwater regulations/requirements.
Urban Services and Utilities
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 100 of 101
CU Response
10/5/20
23
Staff Response to Feb. 2, 2019 CU Statement Stormwater/Drainage
Storm water quality enhancement and detention ponding are issues that need to be addressed prior to commencement of construction. A Storm Water Report and Plan,
prepared in accordance with the City of Boulder Design and Construction Standards (DCS), needs to be provided by the applicant to the City. The report and plan need to
also address the following issues:
• Water quality for surface runoff using "Best Management Practices"
• Minimize Directly Connected Impervious Areas (MDCIA)
• Detention ponding facilities
• Water Quality Capture Volume (WQCV)
• Storm sewer construction
• Irrigation Ditches and Laterals
• Groundwater discharge
• Wetland mitigation
• Erosion control during construction activities
Discharge of groundwater to the public storm sewer system is anticipated to accommodate construction and operation of the proposed developments. City and/or State
permits will be required for this discharge. The applicant is advised to contact the City of Boulder Storm Water Quality Office at 303-413-7350 regarding permit
requirements. All applicable permits must be in place prior to building permit application. Additionally, special design considerations for the properties to handle groundwater
discharge as part of the development may be necessary.
A construction storm water discharge permit is required from the State of Colorado for projects disturbing one (1) acre of land or more. The applicant is advised to contact
the Colorado Department of Public Health and Environment.
CU Response - January 16, 2020 CU Response: Further discussion is required. The University is not subject to submitting building permit application and works regularly and in good faith with the City on
water discharge and meeting state regulations/permitting.
City Response - August 31, 2020 City staff finds the University's response adequate.
CU Response - October 5, 2020 Complete!
50 Key Issue Electric Service
City Policies or Council Direction N/A
CU Statement (Feb. 2, 2019)N/A
Staff Response to Feb. 2, 2019 CU Statement If the property is to be served by a City of Boulder electric utility, space for an electric substation may be needed depending on the load to be served. City staff proposes that
the annexation agreement include a provision requiring the City and University to determine a mutually suitable location for a substation at an appropriate time during the
University’s review process. The City also recommends that CU coordinates with Xcel Energy to determine what their infrastructure needs may be related to the
development.
CU Response - January 16, 2020 CU Response: Agreed.
City Response - August 31, 2020 The comment appears to be resolved.
CU Response - October 5, 2020 Complete!
Attachment B - Draft Annexation Briefing Book
Agenda Item 5A Page 101 of 101