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Item 4B - 1576 Hawthorn SRAMEMORANDUM TO: Planning Board FROM: Chandler Van Schaack, Case Manager DATE: May 16, 2023 SUBJECT: Call Up Item: Site Review Amendment to amend The Orchard PUD to expand the property at 1576 Hawthorn Ave to include adjacent common area. ADDRESS: 1576 Hawthorn Ave. PROJECT NAME: Orchard PUD Amendment CASE NO: LUR2022-00024 Provided as Attachment A is the Notice of Disposition of Approval for the above-referenced Site Review Amendment to amend The Orchard PUD to expand the property at 1576 Hawthorn Ave to include adjacent common area that the HOA no longer wishes to own or maintain. The project proposes to amend the existing PUD site plan to consolidate Lot 6 of the Orchard PUD (1576 Hawthorn) and the portion of the PUD Common Area that is adjacent to Lot 6 into one new Lot 6A. No changes to the existing single-family residence or existing accessory structures on Lot 6 are proposed, and the other property owners within the PUD have all granted their permission for the proposed lot consolidation. The lot consolidation was reviewed as a Site Review Amendment, subject to the review criteria under the Land Use Code section 9- 2-14(h), B.R.C. 1981 (refer to Attachment B). The project plans are provided in Attachment C. Planning Board may call up the decision on or before May 17, 2023. Please direct any clarifying questions during the call up period to the case manager at vanschaackc@bouldercolorado.gov. Background. The subject property is located in North Boulder, on Hawthorn Ave. east of 15th Street. The Farmer’s Ditch lies adjacent to the site on the southeast. The property is part of the 1972 Orchard PUD, Figure 1: Vicinity Map Hawthorn Ave. Broadway North Boulder Rec Center Project Site which is comprised of 6 lots developed as single-family residential uses. The PUD approval also included a large common area on the north side of the PUD which contains shared parking as well as a smaller common area on the south side of the PUD (which borders the project site) intended as a shared “play area.” A central common area was also created to provide a pathway to the home entrances and connect the parking area and the play area. Since construction of the homes in the early 1970’s, the common area intended as the shared play area has been unused but has remained under ownership of the HOA of the PUD. Because the common area intended as a shared play area shares its northern border with the property at 1576 Hawthorn and is no longer desired by the HOA, the HOA and the owner of 1576 Hawthorn are proposing to amend the PUD to consolidate the 1576 Hawthorn lot, the play area, and the pathway to the play area adjacent to 1576 Hawthorn into a new Lot 6A, to be known as 1576 Hawthorn and to be in private ownership. Refer to Figure 1 for an aerial photo of the site and Figure 2 for the original PUD site plan with the proposed amendment shown in red. Existing Lot 6 Existing Common Area New Lot 6A Figure 2: Existing and Proposed PUD Lot Configuration Zoning. The site is zoned Residential – Low 2 (RL-2), which is defined as “Medium density residential areas primarily used for small-lot residential development, including without limitation, duplexes, triplexes, or townhouses, where each unit generally has direct access at ground level..” (Section 9-5- 2(c)(1)(B), B.R.C. 1981). See Figure 3. Project Proposal. As described above, the purpose of the PUD Amendment is to amend The Orchard PUD to expand the property at 1576 Hawthorn Ave to include adjacent common area that the HOA no longer wishes to own or maintain. The project proposes to amend the existing PUD site plan to consolidate Lot 6 of the Orchard PUD (1576 Hawthorn) and the portion of the PUD Common Area that is adjacent to Lot 6 into one new Lot 6A. No changes to the existing single-family residence or existing accessory structures on Lot 6 are proposed, and the other property owners within the PUD have all granted their permission for the proposed lot consolidation. Following this amendment, if approved, the applicant will be required to subdivide the property to reconfigure the existing lot lines and finalize the consolidation. The conditions of approval (refer to Attachment A) also require a long-term revocable lease to permit an existing fence within a pedestrian access easement on the south side of the 1576 Hawthorn property. Refer to Attachment C for the approved site plan. Review Process. A Site Review Amendment is required because the proposal alters the intent of the original PUD approval, which was to provide a shared play area under common ownership for use by PUD residents. Site Review Amendments are subject to the Site Review criteria in Section 9-2-14(h), B.R.C. 1981. Refer to Attachment A for the conditions of approval. Per Section 9-2-14(g), B.R.C 1981, Site Review Amendments are subject to call up by the Planning Board. Analysis. An Amendment to an Approved Site Plan is subject to the evaluation of the project with the Site Review criteria in Section 9-2-14(h), B.R.C. 1981. The analysis of these criteria is found in Attachment B. The proposed lot consolidation does not alter the existing use of the property for single family residential and would continue to meet the intensity, form and bulk, and use standards of the RL-2 zone as set forth in the Land Use Code. Each of the existing lots within the PUD will continue to meet the minimum useable open space requirements for the RL-2 zone following the proposed amendment. Among the findings of consistency with the criteria are that the consolidation is in keeping with height, mass, scale and configuration of the surrounding context. Figure 3: Zoning Map Public Comment. Consistent with Section 9-4-3, Public Notice Requirements, B.R.C. 1981, staff provided notification to all property owners within 600 feet of the subject location of the application. Staff received signatures from all property owners within the PUD expressing support for the proposed amendment. Conclusion. This proposal was approved by Planning and Development Services staff on May 3, 2023 and the decision may be appealed by the applicant or any interested person or called up by a member of the Planning Board on or before May 17, 2023. The applicant or an interested person may appeal the city manager’s decision by delivering a written notice of appeal to the city manager. A member of the Planning Board may call up the manager’s decision upon written notification to staff or by making a verbal request, on the record, at a regularly scheduled board meeting. Questions about the project or decision should be directed to Case Manager, Chandler Van Schaack at vanschaackc@bouldercolorado.gov. The staff Notice of Disposition is found in Attachment A; the analysis of the Review criteria is found in Attachment B, and the project plans are found within Attachment C. Attachments. Attachment A: Notice of Disposition Attachment B: Review Criteria Checklist Attachment C: Proposed Site Plan CITY OF BOULDER PLANNING DEPARTMENT NOTICE OF DISPOSITION You are hereby advised that the following action was taken by the Planning Department based on the standards and criteria of the Land Use Regulations as set forth in Chapter 9-2, B.R.C. 1981, as applied to the proposed development. DECISION: APPROVED WITH CONDITIONS PROJECT NAME: THE ORCHARD PUD MINOR SITE REVIEW DESCRIPTION: Site Review to amend The Orchard PUD to expand the property at 1576 Hawthorn Ave to include adjacent common area. LOCATION: 1576 HAWTHORN AVENUE LEGAL DESCRIPTION: LOT 6, THE ORCHARD, CITY OF BOULDER, COUNTY OF BOULDER, STATE OF COLORADO, TOGETHER WITH ADJACENT COMMON AREA, THE ORCHARD, CITY OF BOULDER, COUNTY OF BOULDER, STATE OF COLORADO APPLICANT: Thomas B. Bender Jr. OWNERS: Thomas B. Bender Jr. and Holly W. Bender (Lot 6, The Orchard) The Orchard, Inc. (Common Area, The Orchard) APPLICATION: Site Review, LUR2022-00024 ZONING: Residential - Low 2 (RL-2) CASE MANAGER: Chandler Van Schaack VESTED PROPERTY RIGHT: No; the owner has waived the opportunity to create such right under Section 9-2-20, B.R.C. 1981. APPROVED MODIFICATIONS FROM THE LAND USE REGULATIONS: None. FOR CONDITIONS OF APPROVAL, SEE THE FOLLOWING PAGES OF THIS DISPOSITION. Approved On: May 3, 2023 Date By: ________________________________________________________ Brad Mueller, Director of Planning & Development Services This decision may be appealed to the Planning Board by filing an appeal letter with the Planning Department within two weeks of the decision date. If no such appeal is filed, the decision shall be deemed final fourteen days after the date above mentioned. Appeal to Planning Board Expires: May 17, 2023 Final Approval Date: May 18, 2023 Attachment A - Notice of Disposition IN ORDER FOR A BUILDING PERMIT APPLICATION TO BE PROCESSED FOR THIS PROJECT, A SIGNED DEVELOPMENT AGREEMENT AND FINAL PLANS FOR CITY SIGNATURE MUST BE SUBMITTED TO THE PLANNING DEPARTMENT WITH DISPOSITION CONDITIONS AS APPROVED SHOWN ON THE FINAL PLANS. IF THE DEVELOPMENT AGREEMENT IS NOT SIGNED WITHIN NINETY (90) DAYS OF THE FINAL DECISION DATE, THE PLANNING DEPARTMENT APPROVAL AUTOMATICALLY EXPIRES. Pursuant to Section 9-2-12 of the Land Use Regulations (Boulder Revised Code, 1981), the Applicant must begin and substantially complete the approved development within three years from the date of final approval, or in compliance with the phasing plan if one was approved. Failure to "substantially complete" (as defined in Section 9-2-12) the development within three years or in compliance with the phasing plan, if one was approved, shall cause this development approval to expire. CONDITIONS OF APPROVAL 1. The Applicant shall ensure that the development shall be in compliance with all plans prepared by the Applicant on April 18, 2023, on file in the City of Boulder Planning Department, except to the extent that the development may be modified by the conditions of this approval. 2. The Applicant shall comply with all previous conditions contained in any previous approvals, except to the extent that any previous conditions may be modified by this approval, including, but not limited to, the following: a) The Orchard PUD (#P-72-18). b) The Subdivision Agreement recorded on May 26, 1973 at Film 812, Reception No.059810. 3. Prior to a subdivision approval, the Applicant shall submit an application for and obtain a revocable permit pursuant to Section 8-6-6, B.R.C. 1981, for the existing encroachments, as shown on the plans prepared by the Applicant on April 18, 2023, that project into the existing 6-foot wide pedestrian & bicycle path easement. 4. Within 360 days of the date of this approval, the Applicant shall submit for and receive approval of a subdivision process pursuant to the requirements of Chapter 9-12, “Subdivision,” B.R.C. 1981, that consolidates Lot 6, The Orchard, City of Boulder, County of Boulder, State of Colorado, and the portion of the Common Area, The Orchard, City of Boulder, County of Boulder, State of Colorado, that is adjacent to Lot 6 into one new Lot 6A, as shown on the plans prepared by the Applicant on April 18, 2023. Attachment A - Notice of Disposition CRITERIA CHECKLIST AND COMMENT FORM LUR2022-00024 1576 Hawthorn Ave. SITE REVIEW SECTION 9-2-14 (h) Criteria for Review: No site review application shall be approved unless the approving agency finds that: (1)Boulder Valley Comprehensive Plan: √(A) The proposed site plan is consistent with the land use map and the service area map and, on balance, the policies of the Boulder Valley Comprehensive Plan. The proposal is to amend The Orchard PUD to expand the property at 1576 Hawthorn Ave to include adjacent common area that the HOA no longer wishes to own or maintain. The proposed project amends the existing PUD site plan to consolidate Lot 6 of the Orchard PUD (1576 Hawthorn) and the portion of the PUD Common Area that is adjacent to Lot 6 into one new Lot 6A. No changes to the existing single-family residence or existing accessory structures are proposed, and the other property owners within the PUD have all granted their permission for the proposed lot consolidation. The BVCP Land Use Designation for the site is Low Density Residential (LR), and the existing RL-2 zoning is consistent with that designation. The existing home and property comply with RL-2 zoning requirements and will continue to comply with RL-2 zoning following the proposed PUD amendment. Criterion met. _ √__ (B) The proposed development shall not exceed the maximum density associated with the Boulder Valley Comprehensive Plan residential land use designation. Additionally, if the density of existing residential development within a three- hundred-foot area surrounding the site is at or exceeds the density permitted in the Boulder Valley Comprehensive Plan, then the maximum density permitted on the site shall not exceed the lesser of: The existing development includes 6 homes within a total PUD area of roughly 60,445 square feet (1.38 acres), for a net density of 4.3 units per acre, which is well within the anticipated density in the BVCP. The proposed amendment does not affect the existing density or size of the PUD. Criterion met. _N/A_ (i) The density permitted in the Boulder Valley Comprehensive Plan, or N/A_ (ii) The maximum number of units that could be placed on the site without waiving or varying any of the requirements of Chapter 9-8, "Intensity Standards," B.R.C. 1981, except as permitted for building sites with Attachment B - Criteria Analysis permanently affordable units meeting the requirements of Paragraph 9-10- 3(c)(4), "Nonconforming Permanently Affordable Units," B.R.C. 1981. _ √__(C) The proposed development's success in meeting the broad range of BVCP policies considers the economic feasibility of implementation techniques required to meet other site review criteria. As no new development is proposed, the costs associated with the project are mainly application fees for city review processes, which the applicant is aware of and able to pay. Criterion met. (2)Site Design: Projects should preserve and enhance the community's unique sense of place through creative design that respects historic character, relationship to the natural environment, multi-modal transportation connectivity and its physical setting. Projects should utilize site design techniques which are consistent with the purpose of site review in Subsection (a) of this section and enhance the quality of the project. In determining whether this subsection is met, the approving agency will consider the following factors: _ √ (A) Open Space: Open space, including, without limitation, parks, recreation areas and playgrounds: _ √_ (i) Useable open space is arranged to be accessible and functional and incorporates quality landscaping, a mixture of sun and shade and places to gather; The existing open space on the site is located to the south of the subject property and is easily accessible by the property owner. Incorporating the commonly owned play area into the subject site will not affect the existing layout or useability. __ √_ (ii) Private open space is provided for each detached residential unit; The original PUD approval provided roughly 7,700 square feet of open space pert dwelling unit. No change to the other 5 existing lots is proposed. _ √_ (iii) The project provides for the preservation of or mitigation of adverse impacts to natural features, including, without limitation, healthy long-lived trees, significant plant communities, ground and surface water, wetlands, riparian areas, drainage areas and species on the federal Endangered Species List, "Species of Special Concern in Boulder County" designated by Boulder County, or prairie dogs ( Cynomys ludiovicianus ), which is a species of local concern, and their habitat; The project does not include any new development, and as such, all existing natural features will remain unaffected. Attachment B - Criteria Analysis _ √_ (iv) The open space provides a relief to the density, both within the project and from surrounding development; The existing open space will remain unchanged. The only change will be in the ownership of the open space area adjacent to the project site, which will go from common ownership to private ownership. _ √__(v) Open space designed 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 existing commonly owned play area was intended as recreational open space; however, it was never used as such due to its location at the far southern end of the PUD, and over the years became essentially an extension to the project site’s back yard. The proposed amendment will therefore formalize the historic use of the open space area by making it part og the property that it has historically served. √__ (vi) The open space provides a buffer to protect sensitive environmental features and natural areas; and The open space provides a buffer between the development and the adjacent famer’s ditch. _ √_ (vii) If possible, open space is linked to an area- or city-wide system. There is an existing pathway that runs adjacent to the farmer’s ditch and is easily accessible by PUD residents. No change to this condition is proposed. _N/A__ (B) Open Space in Mixed Use Developments (Developments That Contain a Mix of Residential and Nonresidential Uses): _N/A__ (i) The open space provides for a balance of private and shared areas for the residential uses and common open space that is available for use by both the residential and nonresidential uses that will meet the needs of the anticipated residents, occupants, tenants and visitors of the property; and _N/A__ (ii) The open space provides active areas and passive areas that will meet the needs of the anticipated residents, occupants, tenants and visitors of the property and are compatible with the surrounding area or an adopted plan for the area. ___ (C) Landscaping: _ √_ (i) The project provides for aesthetic enhancement and a variety of plant and hard surface materials, and the selection of materials provides for a variety of colors Attachment B - Criteria Analysis and contrasts and the preservation or use of local native vegetation where appropriate; The existing landscaping complies with city of boulder landscaping standards, and no change to the existing landscaping is proposed. _√__ (ii) Landscape design attempts to avoid, minimize or mitigate impacts on and off site to important native species, healthy, long lived trees, plant communities of special concern, threatened and endangered species and habitat by integrating the existing natural environment into the project; The existing landscaping complies with city of boulder landscaping standards, and no change to the existing landscaping is proposed. _√__ (iii) The project provides significant amounts of plant material sized in excess of the landscaping requirements of Sections 9-9-12, "Landscaping and Screening Standards," and 9-9-13, "Streetscape Design Standards," B.R.C. 1981; and The existing landscaping complies with city of boulder landscaping standards, and no change to the existing landscaping is proposed. _√__ (iv) The setbacks, yards and useable open space along public rights of way are landscaped to provide attractive streetscapes, to enhance architectural features and to contribute to the development of an attractive site plan. The existing landscaping complies with city of boulder landscaping standards, and no change to the existing landscaping is proposed. N/A (D) Circulation: Circulation, including, without limitation, the transportation system that serves the property, whether public or private and whether constructed by the developer or not: The existing PUD has no internal vehicular circulation other than a fire turnaround and a shared driveway and parking area on the north end of the site. The proposed amendment does not add any new circulation and does not impact the existing site access or circulation in any way. Therefore, these criteria are not applicable. _√__ (i) High speeds are discouraged or a physical separation between streets and the project is provided; _√__ (ii) Potential conflicts with vehicles are minimized; _√__ (iii) Safe and convenient connections are provided that support multi-modal mobility through and between properties, accessible to the public within the project and between the project and the existing and proposed transportation systems, including, without limitation, streets, bikeways, pedestrianways and trails; Attachment B - Criteria Analysis _√__ (iv) Alternatives to the automobile are promoted by incorporating site design techniques, land use patterns and supporting infrastructure that supports and encourages walking, biking and other alternatives to the single-occupant vehicle; _√__ (v) Where practical and beneficial, a significant shift away from single-occupant vehicle use to alternate modes is promoted through the use of travel demand management techniques; _√__ (vi) On-site facilities for external linkage are provided with other modes of transportation, where applicable; _√_ (vii) The amount of land devoted to the street system is minimized; and _√_ (viii) The project is designed for the types of traffic expected, including, without limitation, automobiles, bicycles and pedestrians, and provides safety, separation from living areas and control of noise and exhaust. __√ (E) Parking: As is the case with the above criteria pertaining to circulation, the existing PUD includes parking for the residents,, and no change to the existing parking is required or proposed. The existing PUD meets these criteria and will continue to meet these criteria following the proposed amendment. _√__ (i) The project incorporates into the design of parking areas measures to provide safety, convenience and separation of pedestrian movements from vehicular movements; _√__ (ii) The design of parking areas makes efficient use of the land and uses the minimum amount of land necessary to meet the parking needs of the project; _√__ (iii) Parking areas and lighting are designed to reduce the visual impact on the project, adjacent properties and adjacent streets; and _√__ (iv) Parking areas utilize landscaping materials to provide shade in excess of the requirements in Subsection 9-9-6(d), and Section 9-9-14, "Parking Lot Landscaping Standards," B.R.C. 1981. _√_ (F) Building Design, Livability and Relationship to the Existing or Proposed Surrounding Area: Attachment B - Criteria Analysis No new buildings are proposed as part of this amendment, and no changes to existing buildings or site are proposed. The proposed amendment does not trigger any building code requirements or other city requirements that would affect the design of the existing buildings; therefore, staff finds that these criteria are already being met per the 1972 PUD approval and that this amendment will not change the PUD’s consistency with these criteria. _√__ (i) The building height, mass, scale, orientation, architecture and configuration are compatible with the existing character of the area or the character established by adopted design guidelines or plans for the area; _√__ (ii) The height of buildings is in general proportion to the height of existing buildings and the proposed or projected heights of approved buildings or approved plans or design guidelines for the immediate area; _√__ (iii) The orientation of buildings minimizes shadows on and blocking of views from adjacent properties; _√__ (iv) If the character of the area is identifiable, the project is made compatible by the appropriate use of color, materials, landscaping, signs and lighting; _√__ (v) 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; _√__ (vi) To the extent practical, the project provides public amenities and planned public facilities; _√_ (vii) For residential projects, the project assists the community in producing a variety of housing types, such as multifamily, townhouses and detached single family units, as well as mixed lot sizes, number of bedrooms and sizes of units; _√_ (viii) For residential projects, noise is minimized between units, between buildings and from either on-site or off-site external sources through spacing, landscaping and building materials; _√__ (ix) A lighting plan is provided which augments security, energy conservation, safety and aesthetics; Attachment B - Criteria Analysis _√__ (x) The project incorporates the natural environment into the design and avoids, minimizes or mitigates impacts to natural systems; _√__ (xi) Buildings minimize or mitigate energy use; support on-site renewable energy generation and/or energy management systems; construction wastes are minimized; the project mitigates urban heat island effects; and the project reasonably mitigates or minimizes water use and impacts on water quality; _√_ (xii) Exteriors of buildings present a sense of permanence through the use of authentic materials such as stone, brick, wood, metal or similar products and building material detailing; _√_ (xiii) Cut and fill are minimized on the site, the design of buildings conforms to the natural contours of the land, and the site design minimizes erosion, slope instability, landslide, mudflow or subsidence, and minimizes the potential threat to property caused by geological hazards; N/A (xiv) In the urbanizing areas along the Boulder Valley Comprehensive Plan boundaries between Area II and Area III, the building and site design provide for a well-defined urban edge; and N/A (xv) In the urbanizing areas located on the major streets shown on the map in Appendix A to this title near the Boulder Valley Comprehensive Plan boundaries between Area II and Area III, the buildings and site design establish a sense of entry and arrival to the City by creating a defined urban edge and a transition between rural and urban areas. N/A(G) Solar Siting and Construction: For the purpose of ensuring the maximum potential for utilization of solar energy in the City, all applicants for residential site reviews shall place streets, lots, open spaces and buildings so as to maximize the potential for the use of solar energy in accordance with the following solar siting criteria: No new buildings are proposed as part of this amendment; therefore, these criteria do not apply. N/A(H) Additional Criteria for Poles Above the Permitted Height: No site review application for a pole above the permitted height will be approved unless the approving agency finds all of the following: Not applicable, as the existing PUD does not include any poles over the permitted height and the proposed amendment does not include any new poles. N/A(I) Land Use Intensity Modifications: Attachment B - Criteria Analysis Not applicable, as the existing PUD was not granted any land use intensity modifications and the proposed amendment does not include any new land use intensity modifications. N/A(J) Additional Criteria for Floor Area Ratio Increase for Buildings in the BR-1 District: Not applicable, as the site is not within BR-1 and is not requesting a floor area ratio increase. N/A(K) Additional Criteria for Parking Reductions: The off-street parking requirements of Section 9-9-6, "Parking Standards," B.R.C. 1981, may be modified as follows: Not applicable, as no parking reduction is being requested and no changes to the existing parking are proposed. N/A(L) Additional Criteria for Off-Site Parking: The parking required under Section 9-9-6, "Parking Standards," B.R.C. 1981, may be located on a separate lot if the following conditions are met: Not applicable, as no changes to the existing parking are proposed. Attachment B - Criteria Analysis '''''''Flatirons, Inc. Land Surveying Services www.FlatironsInc.com ©©Attachment C - Applicant's Proposed Plans