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Item 4A - CU South Staff PresentationCU South Annexation (LUR2019-00010) City Council CU South Annexation Sept. 14, 2021 CU South Annexation (LUR2019-00010) Overview of Staff Presentation Part 1 •Review Process •Existing Conditions •Sections 1 –3 •Council Questions Part 2 •Section 4 (“zones”) •Council Questions Part 3 •Transportation •Sections 6 –8 •Key Issues •Recommendation •Council Questions CU South Annexation (LUR2019-00010) Review Process Annexation July 29: Planning Board recommendation Aug. 3: City Council 1st Reading •Sept. 14: City Council 2nd Reading/Public Hearing •Sept. 21: City Council Deliberation Public Notification •Written •Sign Posted •Public Comment CU South Annexation (LUR2019-00010) Recommended Actions Resolution 1295 (Attachment C) •Procedural step under state law Ordinance 8483 (Attachment D, E) •To annex CU Boulder South property •Regular or Emergency options CU South Annexation (LUR2019-00010) Timeline CU Boulder Purchases CU South 1996 2015 City Defers Land Use Changes; Studies floodplain SBC Flood Plan BVCP CU South Guiding Principles 2017 2019 SBC Alternatives Analysis CU Boulder Annexation Application 2021 Annexation Negotiation 3 -5 Years City permitting CU Recreation may commence CU Development may commence 2026 FM Project Constructed 2001 CU South Annexation (LUR2019-00010) Process Purpose Statement CU South Annexation Purpose Statement (accepted by council Oct. 9, 2018) 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. CU South Annexation (LUR2019-00010) Annexation Review Process CU South Annexation (LUR2019-00010) Iterative Process Iterative Drafts Released 5 Term sheets 2 Briefing books 5 Draft agreements refined By the Numbers (since 2018) •26 council meetings •25 Process Committee Meetings •9 Planning Board meetings •14 Open Space Board of Trustees meetings •8 Water Resources Advisory Meetings •3 Transportation Advisory Board meetings •2 Be Heard Boulder Questionnaires •4 Neighborhood Meetings •3 Meetings with organized groups •6 Community briefings and/or listening sessions •4 Office Hours discussions •2 CU Boulder student projects •Many more individual meetings CU South Annexation (LUR2019-00010) Vicinity Map CU South Williams VillageMain Campus East Campus CU South Annexation (LUR2019-00010) Context: Surroundings •… City of Boulder “Area I” CU South “Area II” Open Space “Area III” CU South Annexation (LUR2019-00010) Park, Urban And Other (PK-U/O) Public (PUB) Open Space – Other (OS-O) The Guiding Principles are intended to guide an intergovernmental agreement or multiple agreements between the City of Boulder and University of Colorado for the CU South property. CU South Annexation (LUR2019-00010) Initial Zoning of Public (PUB) is proposed Adjacent neighborhoods include a mix of medium density (RM-1) and low density (RL-1) residential Public (PUB): “Public areas in which public and semi-public facilities and uses are located, including without limitation, governmental and educational uses.” CU South Annexation (LUR2019-00010) Existing Conditions: Site CU South Annexation (LUR2019-00010) Context: Existing Conditions Development Zone Existing Conditions •100-Year Flood •500-Year Flood •High Hazard Zone Open Space Zone Flood Control Zone CU South Annexation (LUR2019-00010) Context: Existing Conditions 15%+ Slopes WetlandsConservation Suitability Analysis CU South Annexation (LUR2019-00010) Draft Annexation Agreement Sections i.Definitions ii.Subsequent Owner Requirements iii.General Standards iv.Zones of Consideration v.Transportation vi.Review of Plans vii.Right of First Offer viii.Miscellaneous Exhibits A.Legal description & map B.“Zones” map C.Use transition & buffer map D.Design goals E.Outdoor lighting F.Wetland protections G.Noise H.Timeline I.Parks and Recreation Uses Map CU South Annexation (LUR2019-00010) Subsequent Owner Requirements (Section II) Objective: Encourage a 15-minute residential neighborhood. Residential Uses, including: •Efficiency Living Unit •Dwelling Unit, Attached (U) •Dwelling Unit, Detached •Duplex •Townhouse Non-residential Uses that are intended to serve residents of the Property: •Art or Craft Studio Space (U) •Restaurants, Brewpubs and Taverns (U) •Daycare Center •Personal Service Uses •Retail Sales, including:Accessory Sales, Convenience Retail Sales, Retail Sales •Other uses, if, as part of a Use Review, the City, in its sole discretion, finds the proposed use consistent with the goal of establishing a development that is primarily residential in nature and furthers the implementation of a 15-minute walkable neighborhood (U)” CU South Annexation (LUR2019-00010) Ownership & First Ten Years (Section II) •University vs. Owner •10-year exclusive purchase option for city •Capped price within 10-year period CU South Annexation (LUR2019-00010) General Standards (III) •Public access remains •No enclosed/habitable buildings in the 500-year floodplain •Building setbacks extended •Certain city regulations apply •City PIFs paid by CU at time of development CU South Annexation (LUR2019-00010) General Standards (III): Land Dedication Total Property 308 Acres Flood mitigation (dedicate)36 acres Open Space (dedicate)44 acres Open Space (purchase)75 acres Total Dedication* 155 *plus 2 acres or long-term lease for public safety Dedicate Purchase Dedicate CU South Annexation (LUR2019-00010) Section IV: “Zones of Consideration” Three “zones” align with the Boulder Valley Comprehensive Plan land uses CU South Annexation (LUR2019-00010) Development Zone Development Zone CU South Annexation (LUR2019-00010) Development Zone –Housing •150 Residential units first •2:1 Residential / Non-residential Phasing formula •Non-residential cap of 750,000 square feet Housing will be the predominant use CU South Annexation (LUR2019-00010) Development Zone –Allowed Uses Residential Uses, including: •Efficiency Living Unit •Dwelling Unit, Attached •Dwelling Unit, Detached •Duplexes •Townhouse •Student housing, including Residence Hall •Affordable housing Non-Residential •Public Colleges and Universities •Government Facilities •Parks and Recreation Uses •Mixed Use •Accessory Uses, like Accessory Dwelling Units, Restaurants, brewpubs and taverns; Daycare Center and Community Gardens. CU South Annexation (LUR2019-00010) Development Zone –Prohibited Uses •Non-Residential Building, Large •Sports Venue, Large •First Year Student Housing •Fraternities and Sororities “Non-Residential Building, Large” means a Building that is accessory to a university use, including without limitation academic uses, research and development uses, and related educational operations provided by the University. Large Non- Residential Buildings have a floor area of 175,000 square feet or more. X Jennie Smoly Caruthers Biotechnology Building CU South Annexation (LUR2019-00010) Development Zone –Prohibited Uses cont. “Large -scale Sport Venue” means an arena, stadium, or any other type of sports facility with fixed seating in excess of 3,000 people including without limitation a football stadium or a basketball arena.X Folsom Field CU South Annexation (LUR2019-00010) Development Zone –Building Height •Buildings no taller than 55 feet •Height ceiling to step down buildings CU South Annexation (LUR2019-00010) Height Ceiling CU South Annexation (LUR2019-00010) Development Zone –Use Transition Zone Transition area for residential uses & contextually appropriate parks and recreation uses CU South Annexation (LUR2019-00010) Flood Control Zone Development Zone Open Space Zone Flood Control Zone CU South Annexation (LUR2019-00010) CU South Annexation (LUR2019-00010) Open Space Zo ne •Land for open space •Levee removal •Water rights •Mitigation area •Light and noise •Trail connections CU South Annexation (LUR2019-00010) Open Space Board of Trustees OSBT Recommendation Relevant Agreement Term(s) Replacement Property -119 acres City will receive 119 acres via dedication and acquisition Water Rights from Dry Creek Ditch #2 Water rights conveyed in exchange for water credits and relief from irrigation-related Plant Investment Fees. Landscape Screening to screen structures and protect the existing viewshed. Plants and shrubs to screen unlighted fields within 50 feet of the Development and Open Space Zones. Noise and Light impacts on adjacent city open space land City noise and outdoor lighting standards IGA with baseline study 250-feet setback from State Natural Area Nighttime events limited to 20 per year Removal of the Levee System The city, at its expense, plans to remove the levee system. CU South Annexation (LUR2019-00010) Section V: Transportation Establishing Access Limiting Trips •Vehicular access •Responsibility for permits, etc. for access •Site access improvements •Off-site improvements Transportation Options/TDM •Trip cap program •Maximum parking •No cut through traffic •Multi-modal hub •Bicycle parking •TDM program CU South Annexation (LUR2019-00010) Establishing Access •Primary: S. Loop (existing) & SH 93 (new) •University responsible for permits, construction, etc. CU South Annexation (LUR2019-00010) Establishing Access •Primary: S. Loop (existing) & SH 93 (new) •University responsible for permits, construction, etc. CU South Annexation (LUR2019-00010) Multi-use Path Underpass City/CU Cost Share CU South Annexation (LUR2019-00010) Highway Bypass No bypass: Discourage any outside traffic from cutting through the property to avoid impacts to the Table Mesa Drive/Broadway connection. •“Bypass” defined and prohibited •“The University or Owner will employ physical and technological measures, such as radiofrequency identification (RFID)-activated gates, to prevent use of the roadways of the Property as a Roadway Bypass…similar to how the University manages traffic at other campus locations.” CU South Annexation (LUR2019-00010) Transportation Limits Trip cap program •Annual monitoring •Special events •Compliance •Access implications Maximum Parking S. Loop Drive 5,550 Trips SH 93 750 Trips CU South Annexation (LUR2019-00010) Transportation Programming CU Boulder to construct a multi-modal mobility hub Transportation Demand Management Strategies Identified Transportation Fee accessed at time of development CU South Annexation (LUR2019-00010) Sections VI: Review of Plans •City will review and comment on CU South Master Plan & Conceptual Design Plans •Disconnection from the city •Annexation contingent on flood mitigation permits •Disconnection required if initiated by city •3 –5-year period (or up to ten years for litigation delays) CU South Annexation (LUR2019-00010) Sections VII: Right of First Offer Option for city to purchase if CU received an offer from a third-party or of its own volition •Response time extended to enable a referendum, if needed •10-year exclusive purchase option •10-year price cap •Right of Second Refusal CU South Annexation (LUR2019-00010) Key Issues 1.Does the project, on balance, meet the relevant goals and policies of the Boulder Valley Comprehensive Plan (BVCP)? 2.Is the proposed annexation consistent with State statutes and BVCP policies, including BVCP Policy 1.17 Annexation? 3.Is the Initial Zoning of Public appropriate for land proposed to the annexed? CU South Annexation (LUR2019-00010) Key Issue: BVCP Policies •CU South Guiding Principles •1.05 Coordination with University of Colorado •1.10 Growth Requirements •1.11 Jobs:Housing Balance •1.23 Growth to Pay Fair Share of New Facility Costs •2.04 Open Space Preservation •2.05 Design of Community Edges and Entryways •2.39 Outdoor Lighting / Light Pollution •3.04 Ecosystem Connections and Buffers •3.19 Erosive Slopes and Hillside Protection •3.21 Preservation of Floodplains •3.22 Floodplain Management •3.23 Non-Structural Approach to Flood Management •5.18 Support for the University of Colorado & Federal Labs •6.07 Integrated Transportation Demand Management (TDM) Programs •6.14 Transportation Impacts Mitigated Consistent with BVCP goals and policies CU South Annexation (LUR2019-00010) Annexation Policy …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. CU South Annexation (LUR2019-00010) Key Issue: Annexation BVCP Policies •1.08 Adapting to Limits on Physical Expansion •1.10 Growth Requirements •1.17 Annexation a)Required before facilities and services furnished b)Significant development potential State Statutes Community Benefits •Implementation of the flood mitigation project / highway access in emergencies •Land dedication for flood mitigation & open space (80 acres) •Land dedication for public safety (2 acres) •Affordable housing •Additional open space •Environmental mitigation •Water rights •Housing the predominant use •Possible track and dog park •Transportation hub and cost share for underpass CU South Annexation (LUR2019-00010) Key Issue: Initial Zoning of Public (PUB Public (PUB): “Public areas in which public and semi-public facilities and uses are located, including without limitation, governmental and educational uses.” CU South Annexation (LUR2019-00010) Suggested Motion Motion to adopt Resolution 1295 setting forth Findings of Fact and Conclusions regarding the annexation of approximately 308.15 acres of land generally known as CU South and located at 4886 and 5278 Table Mesa Drive, 0 Highway 36 (2 parcels), 718 Marshall Road, and 4745 W. Moorhead Resolution 1295 CU South Annexation Motion to adopt Ordinance 8483 annexing to the City of Boulder approximately 308.15 acres of land generally known as CU South located at 4886 and 5278 Table Mesa Drive,0 Highway 36 (2 parcels), 718 Marshall Road, and 4745 W. Moorhead with an initial zoning classification of Public (P)as described in Chapter 9-5, “Modular Zone System,” B.R.C. 1981; amending the Zoning District Map forming a part of said Chapter to include the property in the above-mentioned zoning district;and setting forth related details Ordinance 8483 (regular) Motion to adopt by emergency measure Ordinance 8483 annexing to the City of Boulder approximately 308.15 acres of land generally known as CU South located at 4886 and 5278 Table Mesa Drive,0 Highway 36 (2 parcels), 718 Marshall Road, and 4745 W. Moorhead with an initial zoning classification of Public (P)as described in Chapter 9-5, “Modular Zone System,” B.R.C. 1981; amending the Zoning District Map forming a part of said Chapter to include the property in the above- mentioned zoning district;and setting forth related details Ordinance 8483 (emergency) CU South Annexation (LUR2019-00010) Protecting Life and Safety Flood Mitigation N West Valley Overflow Flooding CU South Parcel 50 100-yr flood protection Protected People/Structures People 2,300 Structures 260 Dwelling Units 1,100 CU South Annexation (LUR2019-00010) FLOOD MITIGATION Sec. 17. -Emergency measures. No ordinance shall be passed finally on the date it is introduced, except in cases of emergency, for the preservation of the public peace, health, or property,….. CU South Annexation (LUR2019-00010) Backup Slides CU South Annexation (LUR2019-00010) Costs Highlights University responsible for: •all applicable plant investment fees and extension of city utilities. •construction of site access improvements, a multi- modal mobility hub, off-site improvements and cost-share for Highway 36 underpass. •Construction Use Tax. CU South Annexation (LUR2019-00010) Key Decisions Specific decisions CU South Annexation (LUR2019-00010) Costs Highlights Project Component 2020 Cost Estimate July 2021 Status Earthen Fill $10M $3M CU South Impacts Tennis Courts $5M $0 Warerhouse $5M $0 South Loop Drive $5M $2M Total $25M $5M CU South Annexation (LUR2019-00010) Draft Annexation Agreement Sections i.Definitions ii.Subsequent Owner Requirements iii.General Standards iv.Zones of Consideration v.Transportation vi.Review of Plans vii.Right of First Offer viii.Miscellaneous Exhibits A.Legal description & map B.“Zones” map C.Use transition & buffer map D.Design goals E.Outdoor lighting F.Wetland protections G.Noise H.Timeline I.Parks and Recreation Uses Map CU South Annexation (LUR2019-00010) Flood Mitigation Backup Slides CU South Annexation (LUR2019-00010) Fill Alternative CU South Annexation (LUR2019-00010) Fill Alternative CU South Annexation (LUR2019-00010) Environmental Impacts Ute Ladies’ Tresses Orchid BobolinkPreble’s Meadow Jumping Mouse Northern Leopard Frog Plains Topminnow Agricultur e Threatened Species Environmentally Sensitive Species Environmental Considerations Tallgrass PrairieWetland s60 CU South Annexation (LUR2019-00010) Permitting Agencies •U.S. Army Corps of Engineers •U.S Fish and Wildlife Service •Federal Emergency Management Agency •Colorado Department of Transportation •Colorado State Engineer’s Office •City of Boulder wetlands and floodplain permits CU South Annexation (LUR2019-00010) CU South Site –Flood Project Impacts CU South Annexation (LUR2019-00010) Conceptual Analysis | 100-Year Upper Middl e Lower Gross Reservoir Legend: Area of fill Area of Inundation Area of Excavation Embankment and Floodwall Outlet OSMP Property 63 CU South Annexation (LUR2019-00010) Conceptual Analysis | 500-Year Upper Middl e Lower Gross Reservoir Legend: Area of fill Area of Inundation Area of Excavation Embankment and Floodwall Outlet OSMP Property 64 CU South Annexation (LUR2019-00010) Conveyance of MajorDrainageways 65 CU South Annexation (LUR2019-00010) 2013 Flood Damages Assessment 66 CU South Annexation (LUR2019-00010)South Boulder Creek Flood Mitigation Project South Boulder Creek Flood Mitigation Project -Rendering 67 CU South Annexation (LUR2019-00010) Additional Cost Detail Project Component 2020 Cost Estimate July 2021 Status Flood Mitigation $41M $41M Earthen Fill $10M $3M CU South Impacts Tennis Courts $5M $0 Warerhouse $5M $0 South Loop Drive $5M $2M Total $66M $46M 1,2 1 - 2 -Does not include estimated net revenue of $20M in utility plant investment fees. Does not include expenditure of $2.8M for open space purchase. CU South Annexation (LUR2019-00010) CU South Annexation (LUR2019-00010) CAO Backup Slides CU South Annexation (LUR2019-00010) Referendum Timeline *This is a hypothetical scenario. All dates are calculated from council action on September 21 date. October 21, 2021 30 days after final passage of Ordinance Final Passage of Annexation Ordinance* Referendum Petitions Signatures Due November 1, 2021 Clerk must Certify signature count within 10 days of receiving Petition (October 31 is a Sunday) see B.R.C. 1-1-10 November 12, 2021 If Certificate is insufficient Committee may amend Petition (has 10 days from clerk certificate) (November 11, 2021, is holiday) Clerk Certificate of Sufficiency or Insufficiency November 16, 2021 First regular business meeting for City Council to reconsider annexation ordinance or submit to election Amendment of Petition If Original Petition is Sufficient Clerk Certificate of Results on Amended Petition September 21, 2021 If Amended Petition is Sufficient November 22, 2021 Clerk has 10 days to Certify results of amended Petition December 7, 2021 First regular business meeting for City Council to reconsider annexation ordinance or submit to election CU South Annexation (LUR2019-00010) Referendum •Governed by Charter sections 43 through 54. •Election on referendum will be held at the next municipal election occurring at least thirty days after the clerk notifies council that the petitioners collected a sufficient number of signatures, unless council votes by a two -thirds majority to call a special election. Section 47. CU South Annexation (LUR2019-00010) Two Resolutions •First resolution: Purpose is to make preliminary findings required by the annexation statute and to set the date of the public hearing -passed on first reading on August 10, 2021. •Second resolution:Purpose is to make findings of fact required by the annexation statute prior to approval of the ordinance. The resolution and ordinance are two separate actions. CU South Annexation (LUR2019-00010) Basis for Emergency Finding •Council rules of procedure VII(f): Emergencies. Ordinances may be passed by emergency on first or second reading, upon appropriate findings of urgency and need. In the event of passage by emergency on first reading, the first reading is handled in the same manner as the second reading of an ordinance, and the second reading is omitted. Council should endeavor to limit emergency ordinances to the quarterly supplement, matters in which there is a deadline, and matters affecting life, health or safety. CU South Annexation (LUR2019-00010) Basis for Emergency Finding •Sec. 17. -Emergency measures. No ordinance shall be passed finally on the date it is introduced, except in cases of emergency, for the preservation of the public peace, health, or property, and then only by a two -thirds vote of the council members present. The facts showing such urgency and need shall be specifically stated in the measure itself. No ordinance making a grant of any franchise or special privilege shall ever be passed as an emergency measure. CU South Annexation (LUR2019-00010) Emergency •If the ordinance passes by emergency, and a referendum petition is deemed sufficient, the ordinance is not suspended from going into effect while the referendum proceedings are pending.Charter 50. CU South Annexation (LUR2019-00010) Non-Emergency •If the ordinance passes by non-emergency, and a referendum petition is deemed sufficient (enough signatures are certified), then the annexation ordinance is suspended while referendum proceedings are pending. Charter 44. CU South Annexation (LUR2019-00010) Initiative •If council approves the annexation ordinance and then the initiative passes, the initiative will not apply retroactively. The initiative wasn’t written to apply retrospectively. •If the initiative passes it will remain in the Code unless repealed by the voters or amended by council in accordance with the Charter. •However, the CU South initiative may be administrative rather than legislative.Both Charter 37 and caselaw limit the initiative power to legislative matters. CU South Annexation (LUR2019-00010) Annexation Agreement •Changes to the annexation agreement can be made until the passage of the annexation ordinance and do not require additional readings. CU South Annexation (LUR2019-00010) Interim Period –Design and Permitting •The city and CU have the right to continue with design and permitting irrespective of the initiative and referendum process. •Decisions about expenditures would be controlled by council through the budget.