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HomeMy WebLinkAbout02.06.24 PB Packet REVISED 1. CALL TO ORDER 2. PUBLIC PARTICIPATION 3. DISCUSSION OF DISPOSITIONS, PLANNING BOARD CALL-UPS/CONTINUATIONS A. CALL UP ITEM: Site Review to redevelop 1501 and 1509 Arapahoe Ave. with eight attached residential dwelling units with underground parking and two at-grade parking spaces behind the building. The development is proposed to be three stories in height that will not exceed the by- right height of 38 feet. A subsequent preliminary plat under case no. LUR2023-00004 was approved to combine the two lots. The call-up period expires on Feb. 7, 2024. B. CALL UP ITEM: Use review to allow residential uses on the ground floor facing a street in an Industrial-Service 1 zone district. The proposal includes the redevelopment of the existing site with two new residential buildings containing 21 three-story townhouse units with private garages. The call-up period expires on Feb. 12, 2024. 4. PUBLIC HEARING ITEMS A. AGENDA TITLE: Public hearing and consideration of a Site Review Amendment and Height Modification request to allow for up to seven feet six inches of additional height for each townhome building within the approved Shining Mountain Waldorf School PUD, allowing for a pitched roof design on the third level. Reviewed under case number LUR2023- 00050. B. AGENDA TITLE: Public hearing and recommendation to City Council regarding proposed Ordinance 8620, amending Title 9, “Land Use Code,” B.R.C. 1981, to clarify existing code sections, update graphics, and improve the clarity of the code, and setting forth related details. C. AGENDA TITLE: Public hearing and consideration of a standard wetland permit application for the proposed renovation of the Chapman Drive Trailhead and construction of a pedestrian bridge over Boulder Creek generally located at 38474 Boulder Canyon Drive in Boulder County (WET2023-00020). 5. MATTERS FROM THE PLANNING BOARD, PLANNING DIRECTOR, AND CITY ATTORNEY A. MATTERS: SBC Flood Mitigation Project Spillway Annexation B. INFORMATION ITEM: Update on the Boulder Airport Community Conversation (no presentation) 6. DEBRIEF MEETING/CALENDAR CHECK 7. ADJOURNMENT For more information call (303) 441-1880. Board packets are available after 4 p.m. Friday prior to the meeting, online at www.bouldercolorado.gov. * * * SEE REVERSED SIDE FOR MEETING GUIDELINES * * * CITY OF BOULDER PLANNING BOARD MEETING AGENDA DATE: February 6, 2024 TIME: 6 p.m. PLACE: Hybrid Meeting CITY OF BOULDER PLANNING BOARD VIRTUAL MEETING GUIDELINES CALL TO ORDER The Board must have a quorum (four members present) before the meeting can be called to order. AGENDA The Board may rearrange the order of the agenda or delete items for good cause. The Board may not add items requiring public notice. PUBLIC PARTICIPATION The public is welcome to address the Board (3 minutes* maximum per speaker) during the Public Participation portion of the meeting regarding any item not scheduled for a public hearing. The only items scheduled for a public hearing are those listed under the category PUBLIC HEARING ITEMS on the Agenda. Any exhibits introduced into the record must be provided to the Board Secretary for distribution to the Board and admission into the record via email 24 hours prior to the scheduled meeting time. DISCUSSION AND STUDY SESSION ITEMS Discussion and study session items do not require motions of approval or recommendation. PUBLIC HEARING ITEMS A Public Hearing item requires a motion and a vote. The general format for hearing of an action item is as follows: 1. Presentations • Staff presentation (10 minutes maximum*). • Applicant presentation (15-minute maximum*). Any exhibits introduced into the record at this time must be provided to the Board Secretary for distribution to the Board and admission into the record. • Planning Board questioning of staff or applicant for information only. 2. Public Hearing Each speaker will be allowed an oral presentation (3 minutes maximum*). The pooling of time will not be allowed. • Speakers should introduce themselves, giving name and address. If officially representing a group, homeowners' association, etc., please state that for the record as well. • The board requests that, prior to offering testimony, the speaker disclose any financial or business relationship with the applicant, the project, or neighbors. This includes any paid compensation. It would also be helpful if the speaker disclosed any membership or affiliation that would affect their testimony. • Speakers are requested not to repeat items addressed by previous speakers other than to express points of agreement or disagreement. Refrain from reading long documents and summarize comments wherever possible. Long documents may be submitted via email 24 hours prior to the scheduled meeting time and will become a part of the official record. • Speakers should address the Land Use Regulation criteria and, if possible, reference the rules that the Board uses to decide a case. • Any exhibits introduced into the record at the hearing must be emailed to the Secretary for distribution to the Board and admission into the record 24 hours prior to the meeting. • Citizens can email correspondence to the Planning Board and staff at boulderplanningboard@bouldercolorado.gov, up to 24 hours prior to the Planning Board meeting, to be included as a part of the record. • Applicants under Title 9, B.R.C. 1981, will be provided the opportunity to speak for up to 3 minutes prior to the close of the public hearing. The board chair may allow additional time. 3. Board Action • Board motion. Motions may take any number of forms. With regard to a specific development proposal, the motion generally is to either approve the project (with or without conditions), to deny it, or to continue the matter to a date certain (generally in order to obtain additional information). • Board discussion. This is undertaken entirely by members of the Board. The applicant, members of the public or city staff participate only if called upon by the Chair. • Board action (the vote). An affirmative vote of at least four members of the Board is required to pass a motion approving any action. If the vote taken results in either a tie, a vote of three to two, or a vote of three to one in favor of approval, the applicant shall be automatically allowed a rehearing upon requesting the same in writing within seven days. MATTERS FROM THE PLANNING BOARD, DIRECTOR, AND CITY ATTORNEY Any Planning Board member, the Planning Director, or the City Attorney may introduce before the Board matters which are not included in the formal agenda. ADJOURNMENT The Board's goal is that regular meetings adjourn by 10:30 p.m. and that study sessions adjourn by 10:00 p.m. Agenda items will not be commenced after 10:00 p.m. except by majority vote of Board members present. VIRTUAL MEETINGS For Virtual Meeting Guidelines, refer to https://bouldercolorado.gov/government/board-commission/planning-board page for the approved Planning Board's Rules for Virtual Meetings. *The Chair may lengthen or shorten the time allotted as appropriate. If the allotted time is exceeded, the Chair may request that the speaker conclude his or her comments MEMORANDUM TO: Planning Board FROM: Alison Blaine, Case Manager DATE: January 10, 2024 SUBJECT: Call Up Item: Site Review to redevelop 1501 and 1509 Arapahoe Ave. with eight attached residential dwelling units with underground parking and two at- grade parking spaces behind the building. The development is proposed to be three stories in height that will not exceed the by-right height of 38 feet. A subsequent preliminary plat under case no. LUR2023-00004 was approved to combine the two lots. The call-up period expires on Feb. 7, 2024. ADDRESS: 1501 and 1509 Arapahoe Ave. PROJECT NAME: 1501 AND 1509 ARAPAHOE AVE CASE NO: LUR2023-00002 Provided as Attachment A is the Notice of Disposition of Approval for the above-referenced Site Review to redevelop an existing site with attached residential dwelling units. The project proposes a third story not to exceed the by-right height of 38 feet. There are no additional modifications to the Land Use Code proposed. The project was reviewed as a Site Review, 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. Per Section 9-2-14(g), B.R.C 1981, Site Reviews are subject to call up by the Planning Board. Planning Board may call up the decision on or before Feb. 7, 2024. Please direct any clarifying questions during the call up period to the case manager, Alison Blaine, at blainea@bouldercolorado.gov. Background. The subject site is located at the northeast corner of 15th St. and Arapahoe Ave., directly across from Boulder High School, and within the Goss-Grove Neighborhood. The 0.3-acre (13,370 square feet) site includes 1501 Arapahoe Ave. and 1509 Arapahoe Ave. Following Site Review approval, the Applicant will complete the subdivision process to combine the two lots. Refer to Figure 1 for an aerial photo of the site. In 1974, the site was approved for an approximately 1,400 square-foot building to be used as a restaurant. The subject site has been approved for subsequent reviews such as landscaping improvements and expansion of services. Currently, a majority of the site contains surface parking and is still operating as a restaurant. Refer to Figure 2 for existing conditions. Figure 1. Vicinity Map Subject Site Goss Grove Boulder High School Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 1 of 78 The site is located within the Non- Historic and Interface Area of the Downtown Urban Design Guidelines. Refer to Figure 3. The scope of the project required a review before the Design Advisory Board (DAB). Refer to “Review Process” for additional details. The entire property is within the Downtown – 1 (DT-1) zoning district, which is described in Section 9-5- 2(c)(3)(A), B.R.C. 1981, as “A transition area between the downtown and the surrounding residential areas where a wide range of retail, office, residential, and public uses are permitted. A balance of new development with the maintenance and renovation of existing buildings is anticipated, and where development and redevelopment consistent with the established historic and urban design character is encouraged.” Attached dwelling units are a permitted use in the DT-1 zoning district. The site is surrounded by DT-1 to the west and north, as well as RMX-1 to the east and north. The zoning changes to RH-1 on the southern side of Arapahoe Ave. Refer to Figure 5. The subject site is designated as “Regional Business” in the Boulder Valley Comprehensive Plan (BVCP), which is defined as “Consists of major shopping facilities, offices, financial institutions and government and cultural facilities. Housing compatible with the surrounding business character and as a transition to other residential areas will be encouraged and may be required.” Refer to Attachment B for staff’s analysis of BVCP Policies. Figure 2. Existing Conditions Figure 3. Non-Historic and Interface Area of the Downtown Urban Design Guidelines Figure 4 Zoning Map Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 2 of 78 Prior Approvals. Prior approvals on the property include: •P-74-9: Request to add an addition to the existing building, which was never completed. •P-75-26: Approved site upgrades as part of a new restaurant use on the property. •P-80-38: Amended PUD to provide indoor seating. Surrounding Context. The proposed project is located in an area that transitions from commercial uses in the DT-1 zone, to mixed density residential to the north and east, as well as high density residential to the south. The interface area includes a mix of building forms and density. Properties to the north along 15th St. contain one-, two-, and three-story commercial and attached residential buildings. The context of the area to the north and east is comprised of mixed density residential, including one- to two-story single-family houses, duplexes, triplexes, and multi-family condos. The proposed third story addition is consistent with an adjacent development on the western side of 15th St. The proposed project intends to act as an anchor on the corner of 15th and Arapahoe Ave. Project Proposal. The proposal involves redevelopment of the existing site. The site currently contains a restaurant use, which is proposed to be replaced with an attached residential development with eight dwelling units. Per Table 9-1, one parking space is required for each dwelling unit in a DT zone. A total of eight spaces are provided, which meet the parking requirements of the Land Use Code. Six of the eight parking spaces will be located below grade with two surface level parking spaces located behind the building, accessed from the alley along the northern edge of the property. Each unit will have its own parking space. Refer to staff’s criteria analysis in Attachment B regarding the submitted Transportation Demand Management (TDM) plan, as well as the TDM included in Attachment E. The site proposes a mix of useable open space, including a common gathering space for tenants and private rooftop decks for each unit. The gathering space includes shade, seating, and a grilling area and is surrounded by landscaping and near an internal courtyard. The site provides landscaping along the public rights-of-way in the form of planters, tree lawns, and street trees. Landscaping is proposed throughout and site and in the rear yard to screen the surface parking from the alley and adjacent uses. An existing healthy, long-lived tree will be preserved on the northwest corner of the site. The proposal includes a third story, which exceeds the maximum of two stories. However, the building will not exceed the by-right height of 38 feet. There are no other modifications to the standards in the Land Use Code as part of this proposal. As required per Table 7-1, a third story in a DT-1 zone must be setback 15 feet from the property line to help reduce the scale and mass of the building. The applicant has indicated that they will meet Inclusionary Housing requirements with a cash-in-lieu contribution. Compliance with Inclusionary Housing requirements must be demonstrated prior to a building permit application. Figure 5. Proposed Rendering Along 15th St. Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 3 of 78 The building form, such as the setback third story, and design details like stoop features, awnings, projecting bays, stone wainscoting, and attractive landscaping create visual interest at the ground floor and reinforce the human-scale element. The location at the corner of 15th St. and Arapahoe Ave.is well linked to surrounding transit systems, the Downtown area to the north, and the Boulder Creek bike path to the south. Users of the site have access to the public right-of-way directly from their individual units and can access the two crosswalks on the corner for safe and convenient access. There are additional internal walkways including a path connecting the gathering space to 15th St. and an internal walkway along the eastern edge to connect rear parking to eastern units and the Arapahoe Ave. right-of-way. Review Process. A Site Review is required because the proposal requests to exceed the two-story limit in a DT-1 zoning district. Site Reviews 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 Reviews are subject to call up by the Planning Board. The existing building, built in 1976, is less than 50 years old and therefore did not require review by Landmarks. DAB Review. The proposal is located in the Non-Historic and Interface Area of the Downtown Urban Design Guidelines. Exterior changes to properties in this area require review by the Design Advisory Board (DAB). The proposed building and site design changes were reviewed by DAB at their Oct. 11, 2023, meeting. Information from the meeting include the meeting video and staff memo and applicant’s DAB plan set. The meeting minutes are included in Attachment G. Generally, the Board was supportive of the proposed design but recommended two key refinements: -Criterion 2.1.A: Better articulation or variation on the Arapahoe Ave. façade. This could include changes to the setback and planted buffer to match the three-story building on the other side of 15th St. -Criterion 2.1.F: Improved cohesion with the western elevation and stylistic changes to improve the architectural legibility of the southern façade and better articulate the two different units. The Applicant revised the southern elevation townhouse bay pattern and articulation by creating a vertical line between the two units, reconfiguring the cladding along that elevation, and introducing the projecting window similar to the west elevation. The Applicant did not change the setback variation fronting Arapahoe Ave. See below for a before and after of the southern façade. Figure 6. Southern Facade - Before DAB Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 4 of 78 Figure 7. Southern Facade - After DAB On balance, staff found that the project met the Design Guidelines. A detailed summary of the staff responses to the building design are located in Attachment B. Analysis. A Site Review application 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. Per Section 9- 4-2, B.R.C. 1981, applications for Site Review are subject to call up by the Planning Board. There are no proposed modifications to the Land Use Code apart from the third story height. The proposed development meets setback, density, and height requirements. The proposal is consistent with the development standards of the Land Use Code and, on balance, is consistent with the Site Review criteria. As noted above, staff reviewed and found the project consistent with the Downtown Urban Design Guidelines. Refer to Attachment A for the conditions of approval. Refer to Attachment B for analysis of review criteria. 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 public comments from four neighbors. Two neighbors opposed and one supported the project. The fourth neighbor communicated over the phone and requested more information about the process. Comments are included in Attachment F. Also included in Attachment F is a list of neighbor support that was submitted by the applicant as part of the initial application. Conclusion. This proposal was approved by Planning and Development Services staff on Jan. 24, 2024 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 Feb. 7, 2024. 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, Alison Blaine at blaine@bouldercolorado.gov. Attachments. Attachment A: Notice of Disposition Attachment B: Analysis of Site Review Criteria Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 5 of 78 Attachment C: Applicant’s Plan Set Attachment D: Applicant’s Written Statement Attachment E: Applicant’s TDM Plan Attachment F: Neighbor Comment Attachment G: DAB Meeting Minutes Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 6 of 78 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: 1501 AND 1509 ARAPAHOE AVE DESCRIPTION: LOCATION: Site review to redevelop 1501 and 1509 Arapahoe Avenue with 8 attached residential dwelling units. Development is proposed to be three stories that meet the by-right height of 38 feet. Related to Preliminary Plat LUR2023-00004. 1501 and 1509 ARAPAHOE AVE LEGAL DESCRIPTION: See Exhibit A APPLICANT: OWNER: APPLICATION: ZONING: CASE MANAGER: ADMIN BROWN DEVELOPMENT GROUP, BROWN DEVELOPMENT GROUP STEPHEN BROWN, BROWN DEVELOPMENT GROUP 1509 ARAPAHOE LLC WHIT COLLINS Site Review, LUR2023-00002 Downtown 1 (DT-1) Alison Blaine 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: •Section 9-7-1, B.R.C. 1981: Bulk and Density Standards, Maximum number of stories Approved with Conditions On: Date By: Brad Mueller, Director of Planning & Development Services Attachment A - Notice of Disposition Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 7 of 78 Address: 1501 AND 1509 ARAPAHOE AVE 2 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: Final Approval Date: 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 January 15, 2024 and the Transportation Demand Management (“TDM”) Plan dated January 12, 2023, all 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.Upon the execution of development agreement required by section 9-2-9, B.R.C., 1981, this approval supersedes the conditions of approval contained in the following approvals: •Planned Unit Development #P-74-9 •Planned Unit Development #P-75-26 •Planned Unit Development #P-80-38 3.Prior to a building permit application, the Applicant shall submit, and obtain City Manager approval of, a Technical Document Review application for the following items: a.Final architectural plans, including material samples and colors, to ensure compliance with the intent of this approval and compatibility with the surrounding area. The architectural intent shown on the plans prepared by the Applicant on January 15, 2024 is acceptable. Planning staff will review plans to assure that the architectural intent is performed. b.A final site plan which includes detailed floor plans and section drawings. c.A final utility plan meeting the City of Boulder Design and Construction Standards. d.A final storm water report and plan meeting the City of Boulder Design and Construction Standards. e.Final transportation plans meeting the City of Boulder Design and Construction Standards for all transportation improvements. These plans must include but are not limited to: alley access pavement section and detailed plans with final surface grades. f.A detailed landscape plan, including size, quantity, and type of plants existing and proposed; type and Attachment A - Notice of Disposition Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 8 of 78 Address: 1501 AND 1509 ARAPAHOE AVE 3 quality of non-living landscaping materials; any site grading proposed; and any irrigation system proposed, to ensure compliance with this approval and the City's landscaping requirements. Removal of trees must receive prior approval of the Planning Department. Removal of any tree in City right of way must also receive prior approval of the City Forester. g. A detailed outdoor lighting plan showing location, size, and intensity of illumination units, indicating compliance with section 9-9-16, B.R.C.1981. h. A detailed shadow analysis to ensure compliance with the City's solar access requirements of section 9-9-17, B.R.C. 1981. i. An address plat following the city’s addressing policy to create a new address. 4. Prior to a building permit application, the Applicant shall submit for and receive approval of a Technical Document Review application for a Final Plat, and execute a subdivision agreement meeting the requirements of Chapter 9-12, “Subdivision,” B.R.C. 1981, and which provide, without limitation and at no cost to the City, for the following, unless otherwise approved by the City Manager: a. The dedication, to the City, of all rights-of-way and easements shown on the approved plans or necessary to serve the development. b. A financial guarantee, in a form acceptable to the City Manager, in an amount equal to the cost of constructing all public improvements necessary to serve the development. c. The construction of all public improvements necessary to serve the development. 5. Prior to issuance of a building permit, the Applicant shall submit a financial guarantee, in a form acceptable to the Director of Public Works, in an amount equal to the cost of providing eco-passes to the residents of the development for three years after the issuance of a certificate of occupancy for each dwelling unit as proposed in the Applicant’s Transportation Demand Management (TDM) plan. 6. The Applicant shall be responsible for maintaining all stormwater quality improvements and stormwater detention improvements, including but not limited to permeable parking lot paving. Attachment A - Notice of Disposition Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 9 of 78 Address: 1501 AND 1509 ARAPAHOE AVE 4 Exhibit A Legal Description Attachment A - Notice of Disposition Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 10 of 78 CRITERIA CHECKLIST AND COMMENT FORM 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 site is designated as Regional Business in the BVCP. There is no maximum residential density under this designation and is defined as “Consists of major shopping facilities, offices, financial institutions and government and cultural facilities. Housing compatible with the surrounding business character and as a transition to other residential areas will be encouraged and may be required.” The current proposal is consistent with the following BVCP goals and policies: 2.03 Compact Development Pattern 2.10 Preservation and Support for Residential Neighborhoods 2.33 Sensitive Infill and Redevelopment 2.36 Physical Design for All People 2.41 Enhanced Design for All Projects 7.11 Balancing housing supply with employment base.  (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: There is no maximum residential density for the Regional Business land use designation. The project conforms with the density limitations of the zone. ___ (i) The density permitted in the Boulder Valley Comprehensive Plan, or Attachment B - Analysis of Site Review Criteria Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 11 of 78 ___ (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 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. The development would not be rendered infeasible in meeting the BVCP policies or the site review criteria based upon the requirements and recommendations made within these comments. (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 site design is urban in character and has a small on-site open space requirement. The project exceeds the open space requirement with the provision of private roof decks for each unit, a courtyard with decorative pavers, and a common gathering area with seating and a grill. Quality landscaping is incorporated throughout the site in the form of planters and landscape beds. Useable open space is accessible from internal walkways and from 15th Street. There is a mixture of sun and shade with the roof-top patios and shade trees next to the common gathering space.  (ii) Private open space is provided for each detached residential unit; Each unit has an attached roof deck that provides more than 60 square feet per dwelling unit.  (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; Attachment B - Analysis of Site Review Criteria Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 12 of 78 The site is already developed and includes no sensitive features or species to be protected. A majority of the trees that are proposed to be removed are invasive to the area. However, the project will maintain the large Siberian Elm on the northwest corner of the site, which is a healthy long-lived tree.  (iv) The open space provides a relief to the density, both within the project and from surrounding development; The private roof decks, common gathering space, perimeter landscaping, and tree lawns will provide a relief to the density. N/A (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 open space is not designed for active recreational purposes but instead as a place to gather. The open space is conveniently located adjacent to the uses to which it is meant to serve.  (vi) The open space provides a buffer to protect sensitive environmental features and natural areas; and There are no known sensitive environmental features or natural areas on the site. N/A (vii) If possible, open space is linked to an area- or city-wide system. The site is not situated near an area- or city-wide open space system. However, the site is small and there are internal walkways for residents to easily connect to 15th Street and Arapahoe Avenue. _N/A__ (B) Open Space in Mixed Use Developments (Developments That Contain a Mix of Residential and Nonresidential Uses): ___ (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 ___ (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 and contrasts and the preservation or use of local native vegetation where appropriate; Landscaping is planned to be installed according to the Landscape Plan (see Attachment A).The project provides an abundance of tree, shrub, and ornamental grass plantings in designated landscape areas for visual and experiential significance. In addition, the applicant has incorporated a variety of surface Attachment B - Analysis of Site Review Criteria Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 13 of 78 treatment materials such as ground covers, sandstone pavers, stepping stones, and paved patio areas. Ornamental trees, shrubs, and perennials will display a variety of flower colors and seasonal interest.  (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 project will maintain the large tree on the northwest corner of the site, which is considered a healthy, long-lived tree. The site does not currently contain sensitive species or environment features.  (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 proposed landscape plan specifies the planting of a large variety of shade trees, ornamental trees, shrubs, ornamental grasses, and perennials in quantities far greater than required by city standards to achieve areas of garden interest, exceptional screening from neighboring properties, and the enhancement of the existing streetscape. Of particular note, the Applicant worked extensively with staff to preserve an existing unique, mature Siberian Elm located along the 15th St frontage. The submitted plan also preserved existing Siberian Elms and Boxelder along the east property line with the provision for protection of existing Honey Locust street trees along Arapahoe Ave frontage.  (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. Attractive streetscapes with tree lawns and street trees are provided on the two street frontages and the alley frontage in the rear yard. Landscaping is also proposed along the eastern interior lot line within the sideyard setback. The proposed landscaping on all perimeters of the site and adjacent to the access drive and surface parking contributes to the development of an attractive site plan.  (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:  (i) High speeds are discouraged or a physical separation between streets and the project is provided; The layout and size of the site does not encourage high speeds.  (ii) Potential conflicts with vehicles are minimized; Attachment B - Analysis of Site Review Criteria Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 14 of 78 Parking is located below-grade and off the alley, thus reducing the potential for conflicts between pedestrians and vehicles. The access point meets required site triangles. Pedestrians from the garage can enter and exit from two staircases, one on the east and one on the west, therefore eliminating the need to cross the access drive.  (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; The proposed project is located at the corner of 15th Street and Arapahoe Avenue. Residents have access to the public right-of-way directly from their individual units. There are additional internal walkways including a path connecting the gathering space to 15th Street and an internal walkway along the eastern edge to connect rear parking to eastern units and the Arapahoe Avenue right-of-way. There are two sets of crosswalks linking the site with uses to the south, such as the bike path, and to west.  (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; See answer above. Physical alternatives to the automobile will be provided by interior connections to the public realm as well as an existing extensive sidewalk system. The site is near bike friendly streets and the Boulder Creek bike path. The site is about 0.2 miles from the downtown regional bus station.  (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; A transportation demand management (TDM) plan has been submitted and will apply to the development. The TDM plan will shift users to other modes with an Alternative Transportation Subsidy Fund to go towards B-cycle, Car- share memberships, and RTD passes. The site is also located in an urban area with several bus stops a few blocks to the east and west for the JUMP. The RTD Boulder Terminal is located two blocks to the north. Further, the Boulder Creek Path is located directly to the south, which can be conveniently accessed from the site by crossing Arapahoe Avenue at the crosswalk immediately adjacent to the site. Refer to Attachment E for more information.  (vi) On-site facilities for external linkage are provided with other modes of transportation, where applicable; The project provides long-term and short-term bike parking for those who will utilize bikes as a mode of transportation. The site is adjacent to several bus stops and bus lines.  (vii) The amount of land devoted to the street system is minimized; and The amount of land devoted to the street system is the minimum necessary to provide access to the parking area and two surface parking spaces. Attachment B - Analysis of Site Review Criteria Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 15 of 78  (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. The project has been designed to accommodate vehicles in the garage and surface parking, therefore separating living areas from the noise and exhaust of cars on-site. Short-term bike parking is located adjacent to the building on the street level and is separated from parking areas. The project has been designed to have several internal walkways for pedestrians to access the common gathering space, internal courtyard, individual units, and the public ream.  (E) Parking:  (i) The project incorporates into the design of parking areas measures to provide safety, convenience and separation of pedestrian movements from vehicular movements; The proposed parking areas meet the necessary dimensions for parking spaces and backout movements. Pedestrians will utilize the public sidewalks surrounding the site as well as a path on the eastern side of the property for access to the eastern units from the surface parking. Internal walkways and an interior courtyard separates pedestrians living in the western units.  (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; The site is paved only in areas to accommodate the circulation and parking need for the use and is minimized as a majority of the parking is underground. Two surface level parking spaces are located off the access drive. The amount of land for parking and circulation is minimized.  (iii) Parking areas and lighting are designed to reduce the visual impact on the project, adjacent properties and adjacent streets; and The majority of the parking is located below grade, reducing the visual impact on the project, adjacent properties, and adjacent streets. Two surface parking spaces are located behind the building. Any lighting installations will be subject to the Outdoor Lighting requirements of Section 9-9-16, B.R.C.  (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. Two shade trees are proposed to the north of each surface parking space. The spaces will also be covered by carports. The rest of the parking will be located below grade and not visible 15th Street or Arapahoe Avenue.  (F) Building Design, Livability and Relationship to the Existing or Proposed Surrounding Area: Attachment B - Analysis of Site Review Criteria Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 16 of 78  (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; The site is subject to the Downtown Urban Design Guidelines and the proposal was reviewed before the Design Advisory Board (DAB). The building was designed in scale to complement the development on the other side of 15th Street, including setbacks where possible. Together, the proposed development helps anchor the two corners from Arapahoe Avenue to the downtown. All sides of the building have been incorporated into a cohesive design which includes building entries with matching awnings, consistent window configurations, balconies, planting areas, and a common gathering area and courtyard in the rear of the building off the alley. Materials used on the primary facades wrap around the sides of the buildings to create visual interest and reinforce a cohesive and rhythmic design. Trash facilities are screened and the inclusion of underground parking and landscaping in the rear yard reduce the visual impacts of parking. While the front doors facing the public realm include awnings to improve architectural legibility, the exclusion of stairs provide universal access from the sidewalks along Arapahoe Ave and 15th Street.  (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; The building is located at the southwest corner of the Goss-Grove neighborhood, which is mostly comprised of single-family homes to the northeast. Those areas are zoned RMX-1 and anticipate development of mixed- density. Buildings along 15th Street to the north include a mix of stories, including one-, two-, and three-stories. The development is proposed to include a 3rd story, which is setback from the street to encourage human-scale. The proposed three-story development on this corner is consistent with an adjacent three-story building on the other side of 15th and appropriately anchors this corner. The adjacent building to the east is a multi-family, two- story building and acts as a transition to single-family homes further east. The north side of the lot is separated from the adjacent residential by an existing alley.  (iii) The orientation of buildings minimizes shadows on and blocking of views from adjacent properties; The solar analysis demonstrates that the shadows cast on the adjacent property just north of 1501 Arapahoe is zoned DT-1 and is not protected by a solar fence.  (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; Overall, the character of the area is a mix of commercial and residential uses, coinciding with the change in zoning from DT-1 to RMX-1. The interface area includes a mix of building forms and density. Attachment B - Analysis of Site Review Criteria Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 17 of 78 The character of the area in the DT-1 zone along 15th Street to the north includes mostly flat-roof building forms ranging in height from one-, two-, and three-stories. There is also a healthy mix of residential densities in the surrounding area, including two- and three- story attached residential buildings on 15th Street and Arapahoe Avenue. The area to the northeast is comprised of one- to two- story single family houses, duplexes, triplexes, and multi-family condos. The primary roof form for these buildings is pitched roof. The proposed development, located in an interface area, completements the form of the commercial buildings, but proposes materials such as masonry and wood siding that complement the existing materials of the mixed density residential. Further, stoop features and awnings match the residential character.  (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; The project has a sidewalk perimeter with landscaping and an internal courtyard. Overall, the building is designed with bays along the street face emphasizing the townhouse rhythm and a pedestrian scale. The use of recessed front doors, metal awnings, balconies, and material details like stone wainscotting provide visual interest and establish a pedestrian scale that engages the public realm. Further, the façade provides alternating use of materials and projecting bays to reinforce verticality and emphasize the demarcated units. N/A (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; The scope proposes 8 attached dwelling units consisting of three 4-bedroom units and five 3-bedroom 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; Noise mitigation will be reviewed at Technical Document review process.  (ix) A lighting plan is provided which augments security, energy conservation, safety and aesthetics; Lighting will be evaluated at the Technical Documents review process. All proposed lighting fixtures must comply with the Outdoor Lighting Ordinance. Attachment B - Analysis of Site Review Criteria Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 18 of 78  (x) The project incorporates the natural environment into the design and avoids, minimizes or mitigates impacts to natural systems; The use of permeable pavers will help redirect run-off away from storm drains and mitigating impacts to adjacent ecosystems. The inclusion of ornamental trees and shrubs provides opportunities for habitat. The redevelopment will maintain some of the existing vegetation, including the large Siberian Elm to the northwest.  (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; The project will be required to meet the 2020 City of Boulder Energy Conservation Code, which is a localized version of the 2018 International Energy Conservation Code that is 20% more efficient than the national code. The structure will be designed to be “solar ready” to support the additional loads of a photo voltaic solar array. Space is provided on the rooftop for solar photovoltaic systems and EV charging is provided in the garage.  (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; The design includes authentic materials like brick, sandstone, and metal panels. See responses above. See Attachment A for the project’s material palette.  (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; The site is flat and already developed. Excavation will be required for the underground garage and basement level units. The design of the building conforms to the natural contours of the land. 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.  (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: Attachment B - Analysis of Site Review Criteria Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 19 of 78  (i) Placement of Open Space and Streets: Open space areas are located wherever practical to protect buildings from shading by other buildings within the development or from buildings on adjacent properties. Topography and other natural features and constraints may justify deviations from this criterion. As shown on the submitted solar analysis, the orientation of the buildings will not cast shadows on the nearby buildings or impact solar access.  (ii) Lot Layout and Building Siting: Lots are oriented and buildings are sited in a way which maximizes the solar potential of each principal building. Lots are designed to facilitate siting a structure which is unshaded by other nearby structures. Wherever practical, buildings are sited close to the north lot line to increase yard space to the south for better owner control of shading. The adjacent buildings to the north and east are two-stories and cannot shade the roof. The three-story building to the east is across the street and therefore will not impact solar system installation.  (iii) Building Form: The shapes of buildings are designed to maximize utilization of solar energy. Buildings shall meet the solar access protection and solar siting requirements of Section 9-9-17, "Solar Access," B.R.C. 1981. The building is designed with flat roofs, which allows for solar photovoltaic panels to utilize solar energy.  (iv) Landscaping: The shading effects of proposed landscaping on adjacent buildings are minimized. The proposed trees chosen to replace the evergreens to the east of the site are smaller in height, thus minimizing shade on adjacent buildings. The existing Siberian Elm may create shade on the adjacent property but will be maintained to meet Site Review criteria related to Landscaping and Open Space. _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: ___ (i) The light pole is required for nighttime recreation activities which are compatible with the surrounding neighborhood, light or traffic signal pole is required for safety or the electrical utility pole is required to serve the needs of the City; and ___ (ii) The pole is at the minimum height appropriate to accomplish the purposes for which the pole was erected and is designed and constructed so as to minimize light and electromagnetic pollution. _N/A__ (I) Land Use Intensity Modifications: _N/A_ (i) Potential Land Use Intensity Modifications: Attachment B - Analysis of Site Review Criteria Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 20 of 78 ___ a. The density of a project may be increased in the BR-1 district through a reduction of the lot area requirement or in the Downtown (DT), BR-2 or MU-3 districts through a reduction in the open space requirements. ___ b. The open space requirements in all Downtown (DT) districts may be reduced by up to one hundred percent. ___ c. The open space per lot requirements for the total amount of open space required on the lot in the BR-2 district may be reduced by up to fifty percent. ___ d. Land use intensity may be increased up to twenty-five percent in the BR-1 district through a reduction of the lot area requirement. ___ (ii) Additional Criteria for Land Use Intensity Modifications: A land use intensity increase will be permitted up to the maximum amount set forth below if the approving agency finds that the criteria in paragraph (h)(1) through Subparagraph (h)(2)(H) of this section and following criteria have been met: ___ a. Open Space Needs Met: The needs of the project's occupants and visitors for high quality and functional useable open space can be met adequately; ___ b. Character of Project and Area: The open space reduction does not adversely affect the character of the development or the character of the surrounding area; and ___ c. Open Space and Lot Area Reductions: The specific percentage reduction in open space or lot area requested by the applicant is justified by any one or combination of the following site design features not to exceed the maximum reduction set forth above: ___ 1. Close proximity to a public mall or park for which the development is specially assessed or to which the project contributes funding of capital improvements beyond that required by the parks and recreation component of the development excise tax set forth in chapter 3-8, "Development Excise Tax," B.R.C. 1981: maximum one hundred percent reduction in all Downtown (DT) districts and ten percent in the BR-1 district; ___ 2. Architectural treatment that results in reducing the apparent bulk and mass of the structure or structures and site planning which increases the openness of the site: maximum five percent reduction; Attachment B - Analysis of Site Review Criteria Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 21 of 78 ___ 3. A common park, recreation or playground area functionally useable and accessible by the development's occupants for active recreational purposes and sized for the number of inhabitants of the development, maximum five percent reduction; or developed facilities within the project designed to meet the active recreational needs of the occupants: maximum five percent reduction; ___4. Permanent dedication of the development to use by a unique residential population whose needs for conventional open space are reduced: maximum five percent reduction; ___5. The reduction in open space is part of a development with a mix of residential and nonresidential uses within a BR-2 zoning district that, due to the ratio of residential to nonresidential uses and because of the size, type and mix of dwelling units, the need for open space is reduced: maximum fifteen percent reduction; and ___6. The reduction in open space is part of a development with a mix of residential and nonresidential uses within a BR-2 zoning district that provides high quality urban design elements that will meet the needs of anticipated residents, occupants, tenants and visitors of the property or will accommodate public gatherings, important activities or events in the life of the community and its people, that may include, without limitation, recreational or cultural amenities, intimate spaces that foster social interaction, street furniture, landscaping and hard surface treatments for the open space: maximum twenty-five percent reduction. _N/A_ (J) Additional Criteria for Floor Area Ratio Increase for Buildings in the BR-1 District: ___ (i) Process: For buildings in the BR-1 district, the floor area ratio ("FAR") permitted under Table 8-2, Section 9-8-2, "Floor Area Ratio Requirements," B.R.C. 1981, may be increased by the city manager under the criteria set forth in this subparagraph. ___ (ii) Maximum FAR Increase: The maximum FAR increase allowed for buildings thirty-five feet and over in height in the BR-1 district shall be from 2:1 to 4:1. ___ (iii) Criteria for the BR-1 District: The FAR may be increased in the BR-1 district to the extent allowed in subparagraph (h)(2)(J)(ii) of this section if the approving agency finds that the following criteria are met: Attachment B - Analysis of Site Review Criteria Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 22 of 78 ___a. Site and building design provide open space exceeding the required useable open space by at least ten percent: an increase in FAR not to exceed 0.25:1. ___b. Site and building design provide private outdoor space for each office unit equal to at least ten percent of the lot area for buildings twenty-five feet and under and at least twenty percent of the lot area for buildings above twenty- five feet: an increase in FAR not to exceed 0.25:1. ___c. Site and building design provide a street front facade and an alley facade at a pedestrian scale, including, without limitation, features such as awnings and windows, well-defined building entrances and other building details: an increase in FAR not to exceed 0.25:1. ___d. For a building containing residential and nonresidential uses in which neither use comprises less than twenty-five percent of the total square footage: an increase in FAR not to exceed 1:1. ___e. The unused portion of the allowed FAR of historic buildings designated as landmarks under chapter 9-11, "Historic Preservation," B.R.C. 1981, may be transferred to other sites in the same zoning district. However, the increase in FAR of a proposed building to which FAR is transferred under this subparagraph may not exceed an increase of 0.5:1. ___f. For a building which provides one full level of parking below grade, an increase in FAR not to exceed 0.5:1 may be granted. _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: ___ (i) Process: The city manager may grant a parking reduction not to exceed fifty percent of the required parking. The planning board or city council may grant a reduction exceeding fifty percent. ___ (ii) Criteria: Upon submission of documentation by the applicant of how the project meets the following criteria, the approving agency may approve proposed modifications to the parking requirements of Section 9-9-6, "Parking Standards," B.R.C. 1981 (see tables 9-1, 9-2, 9-3 and 9-4), if it finds that: ___a. For residential uses, the probable number of motor vehicles to be owned by occupants of and visitors to dwellings in the project will be adequately accommodated; Attachment B - Analysis of Site Review Criteria Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 23 of 78 ___b. The parking needs of any nonresidential uses will be adequately accommodated through on-street parking or off-street parking; ___c. A mix of residential with either office or retail uses is proposed, and the parking needs of all uses will be accommodated through shared parking; ___d. If joint use of common parking areas is proposed, varying time periods of use will accommodate proposed parking needs; and ___e. If the number of off-street parking spaces is reduced because of the nature of the occupancy, the applicant provides assurances that the nature of the occupancy will not change. _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: ___ (i) The lots are held in common ownership; ___ (ii) The separate lot is in the same zoning district and located within three hundred feet of the lot that it serves; and ___ (iii) The property used for off-site parking under this subparagraph continues under common ownership or control. Attachment B - Analysis of Site Review Criteria Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 24 of 78 Item 3A - 1501 and 1509 Arapahoe Ave Call UpPage 25 of 78 Item 3A - 1501 and 1509 Arapahoe Ave Call UpPage 26 of 78 Item 3A - 1501 and 1509 Arapahoe Ave Call UpPage 27 of 78 Item 3A - 1501 and 1509 Arapahoe Ave Call UpPage 28 of 78 Item 3A - 1501 and 1509 Arapahoe Ave Call UpPage 29 of 78 Item 3A - 1501 and 1509 Arapahoe Ave Call UpPage 30 of 78 Item 3A - 1501 and 1509 Arapahoe Ave Call UpPage 31 of 78 Item 3A - 1501 and 1509 Arapahoe Ave Call UpPage 32 of 78 Item 3A - 1501 and 1509 Arapahoe Ave Call UpPage 33 of 78 SS SS STSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTST ST ST ST ST W W WWWWWWS89°37'47"W 100.00' (C) EAST 100' (TC2)NORTH 140' (TC2)S00°45'20"E 140.00' (C)ST ST ST ST ST ST ST STSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTEEE EEEEEEE E E E E E EWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW W W W W W W W W W W W W W W W W WGGGGGGGGGGGG GG G G G G G G G G G G G G G G GEEEEEEEEE EEEEEEEEEEEEEEEEEFO FO FO FO FO FO FOFO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FOFOFOFOFOFOFOFOFOFOFOFOFOEOHE OHE OHE OHE OHE OHE OHE WEST 73.27' (TC1) N89°37'47"E 73.31' (C)SOUTH 50' (TC2)N00°45'20"W 50.00' (C)WEST 50' (TC2) N89°37'47"E 50.00' (C)SOUTHERLY 92 .95 ' (TC1)N15°15'12 "W 93 .12 ' (C) BASIS OF BEARINGS N89°37'47"E 282.61' (AM) S89°37'47"W 86.27' (C) SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS SSSSSSSS15TH STREET(70' R IGHT-OF-WAY) ARAPAHOE AVENUE (60' RIGHT-OF-WAY) 8' ALLEY 8'-0"'MARY WELCH TRACT (BOOK 263, PAGE 42) TRACT 517 (REC. NO. 813562) WV WVWV WV S S WV ST S EM EM EV SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS 1 2 4 5 6 7 8 9 10 11 12 13 143 15 Sheet Project No: By: File: Draft for Review Sheet Name sg 1509 landscape.dwg L-100 EXISTING TREE SURVEY 1509 Arapahoe 1509 Arapahoe Boulder, CO 80303 1509 Arapahoe Avenue Site Tree Inventory 4 Table 1. Tree Inventory Results ID# Common Name Scientific Name DBH (in) Condition Rating Comments 1 Siberian elm Ulmus pumila 57.0 Good 2 Tree of heaven Ailanthus altissima 27.5 Good 3 Tree of heaven Ailanthus altissima 11.0 Good 4 Tree of heaven Ailanthus altissima 20.0 Good 5 Honey locust Gleditsia triacanthos 17.0 Fair remove deadwood* 6 Honey locust Gleditsia triacanthos 14.0 Good 7 Honey locust Gleditsia triacanthos 22.5 Good 8 Siberian elm Ulmus pumila 21.5 Good 9 Tree of heaven Ailanthus altissima 9.5 Good 10 Rocky Mountain juniper Juniperus scopulorum 7.0 Good 11 Rocky Mountain juniper Juniperus scopulorum 6.0 Good 12 Boxelder maple Acer negundo 7.0 Good 13 Siberian elm Ulmus pumila 31.0 Good 14 Siberian elm Ulmus pumila 25.5 Good 15 Tree of heaven Ailanthus altissima 8.5 Good -ID# refers to Figure 1: ERC Tree Inventory Map -DBH refers to diameter at breast height measured at 54 inches above ground -* dead and rotting wood should be removed for safety in high traffic areas REMOVE REMOVE REMOVE REMOVE REMOVE REMOVE REMOVE REMOVE LEGEND: EXISTING TREES TO REMAIN EXISTING TREES TO BE REMOVED ERC TREE INFO14 0 10 20 FT SCALE: 1" = 10'-0" EXISTING TREE SURVEY # Date Description 1 1/12/23Site Reveiw Submittal 2 4/28/23Site City Comments 3 6/23/23Site City Comments 4 8/01/23Site City Comments Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 34 of 78 SS SS STSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTST ST ST ST ST W W WWWWWWS89°37'47"W 100.00' (C) EAST 100' (TC2)NORTH 140' (TC2)S00°45'20"E 140.00' (C)ST ST ST ST STSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTEEE EEEEEEE E E E E E E EW W W W W W W W W WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW W W W W W W W W W W W W W W W W WGGGGGGGGGGGG GG G G G G G G G G G G G G G G GEEEEEEEEE EEEEEEEEEEEEEEEEEFO FO FO FO FO FO FO FOFO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FOFOFOFOFOFOFOFOFOFOFOFOFOEOHE OHE OHE OHE OHE OHE OHE WEST 73.27' (TC1) N89°37'47"E 73.31' (C)SOUTH 50' (TC2)N00°45'20"W 50.00' (C)WEST 50' (TC2) N89°37'47"E 50.00' (C)SOUTHERLY 92.95 ' (TC1)N15°15'12 "W 93 .12 ' (C)N15°15'12 "W 309 .97 ' (AM) BASIS OF BEARINGS N89°37'47"E 282.61' (AM) S89°37'47"W 86.27' (C) SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS SSSS15TH STREET(70' R IGHT-OF-WAY) ARAPAHOE AVENUE (60' RIGHT-OF-WAY) 8' ALLEY MARY WELCH TRACT (BOOK 263, PAGE 42) TRACT 517 (REC. NO. 813562) WV Y DWV WVWV WV S S WV ST EM EM EV SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS 5-SD 16-TS 9-H 16-SW 13-EI 4-SD 5-SD 7-HL 9-HL 6-SD 19-SW 8-SW 16-SW 4-SW 4-SW 4-SW 4-SW 4-SW 6-BC 6-BC 6-BC 6-BC 8-SW 6-BC 8-SW 3-BC 8-SW 3-BC 8-SW 148-TS 4-WRW 8-MSB 9-LDP 2-LDP 6-LDP 5-MSB 6-WRW 7-WRW 5-MSB 8-RGB 12-PM 5-RGB 4-PM 5-WRW 4-PGCR 3-PBB 4-MCR 9-PGCR 16-GLFS 6-MWP 6-MWP8-RS 4-SWW 4-SWW 6-SWW 5-DPBB 5-DPBB 6-SWW 3-SWW 3-SWW 4-DPBB 4-DPBB 4-PM 4-PM 6-MWP 6-MWP 28-VFRG 9-FRG 7-DFG 5-DFG 8-FRG 7-FRG 7-FRG 7-FRG 8-FRG 4-FRG 8-FRG 8-FRG 8-FRG 8-FRG 8-FRG 2-CMG 2-CMG 4-FRG 4-FRG 15-MLMG 5-CMG 4-DFG 4-DFG 2-EHB 1-AE 1-AE 1-JP 1-JP 1-JP 1-JP 1-JP 2-JP 2-JP 2-JP 2-JP 1-KC 1-KC 1-SSC 1 5 T H S T R E E T A R A PA H O E A V E N U E TRASH ENCLOSURE 4 INVERTED-U BIKE RACKS SIGHT TRIANGLES SANDSTONE PAVERS IN GROUNDCOVERS PRIVACY FENCE STREET TREES W/ CONTINUOUS SHRUB BEDS REMOVE WEEDS, AMEND SOIL, ADD IRRIGATION AND RE-PLANT 6'-3"6'-5" EXISTING HONEYLOCUSTS (3) TO REMAIN AND PROTECTED DURING CONSTRUCTION TREE PROTECTION FENCING - TYP. (see detail 3.12 on sheet L2.0) RAISED PLANTERS ON UPPER DECKS - TYP 6' PRIVACY FENCE WINDOW WELL WINDOW WELL WINDOW WELLWINDOW WELLCOMMUNITY PATIO W/ TABLE & CHAIRS & GRILL Sheet Project No: By: File: Draft for Review Sheet Name sg 1509 landscape.dwg L-101 LANDSCAPE PLAN 1509 Arapahoe 1509 Arapahoe Boulder, CO 80303 0 10 20 FT SCALE: 1" = 10'-0" LANDSCAPE PLAN LEGEND: EXISTING TREES TO REMAIN PROPOSED SHADE TREES PROPOSED SHRUBS PROPOSED ORNAMENTAL GRASSES PROPOSED PERENNIALS PAVER WALKS DRY LAID STEPPING STONE & COMMUNITY PATIO 6' PRIVACY FENCING TREE PROTECTION FENCING TOTAL LOT AREA BUILDING AREA:6,056 TOTAL DRIVE & PARKING LOT:2,452 LANDSCAPE AREA / USABLE OPEN SPACE 6,750 (includes private decks)54 % usable open space REQUIRED PROVIDED/COMMENTS TOTAL NUMBER OF PARKING STALLS 8 8 TOTAL NUMBER BIKE RACKS 20 bikes = 12 long term + 8 short term 12 long term (garage) + 8 short term INTERIOR PARKING LOT LANDSCAPED AREA @ 10%:N/A N/A - only 2 parking spaces FROM ADJACENT STREET 6' buffer 6' 2" minimum Height & Opacity Landscape Material 42" ht.42" plant material screen Width 6' Buffer 6'2"min provided Trees alley trees: 1 tree/25 LF = 50' = 2 trees 2 trees provided STREETSCAPE:REQUIRED PROVIDED/COMMENTS 15th Street 1 tree/40' @ 93 LF = 3 trees 3 provided Arapahoe Avenue 1 tree/40' @ 100 LF = 3 trees 3 existing to remain MIMINUM PLANT SIZES: Deciduous Trees 2" cal. 4 new+ 4 existing Evergreen Trees 6' ht.0 Ornamental Trees 1.5" cal.3 + 13 on roof in planters Shrubs #5 container 206 shrubs + 170 orn grasses LANDSCAPE REQUIREMENTS: 8/1/23 1 tree & 5 shrubs/1500 sf =4,053 sf = 3 trees + 14 shrubs PARKING LOT SCREENING: OVERALL SITE 12,561 sf FROM ADJACENT PROPERTIES # Date Description 1 1/12/23Site Reveiw Submittal 2 4/28/23Site City Comments 3 6/23/23Site City Comments 4 8/01/23Site City Comments Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 35 of 78 Sheet Project No: By: File: 1509 Arapahoe 1509 Arapahoe Boulder, CO 80303 sg 1509 landscape.dwg Draft for Review L-102 Sheet Name LANDSCAPE NOTES & DETAILS 1. LANDSCAPING SCHEDULE: (A) NOTHING SHALL BE PLANTED BETWEEN OCTOBER 15 AND MARCH 1 WITHOUT PRIOR WRITTEN APPROVAL OF THE CITY. STOCK, OTHER THAN CONTAINER-GROWN STOCK, SHALL NOT BE PLANTED BETWEEN JUNE 1 AND SEPTEMBER 1 WITHOUT PRIOR WRITTEN APPROVAL OF THE CITY. BARE ROOT STOCK SHALL NOT BE PLANTED AFTER APRIL 30 OR IF PLANTS HAVE BEGUN TO LEAF OUT. (B) NOTHING SHALL BE PLANTED DURING FREEZING OR EXCESSIVELY WINDY, HOT, OR WET WEATHER OR WHEN THE GROUND CONDITIONS CANNOT BE PROPERLY WORKED FOR DIGGING, MIXING, RAKING, OR GRADING. (C) NOTHING SHALL BE PLANTED UNTIL THE ADJACENT SITE IMPROVEMENTS, PAVEMENTS, IRRIGATION INSTALLATION AND FINISH GRADING IS COMPLETED. THE CONTRACTOR SHALL TEST THE IRRIGATION SYSTEM IN THE PRESENCE OF THE DIRECTOR. THE IRRIGATION SYSTEM SHALL BE IN APPROVED, OPERATING CONDITION PRIOR TO ANY PLANTING. 2. SITE PREPARATION AND ALL PLANTING SHALL BE COMPLETED, AT A MINIMUM, IN ACCORDANCE WITH THE CITY OF BOULDER DESIGN AND CONSTRUCTION STANDARDS. SITE PREPARATION SHALL INCLUDE TILLING THE SOIL TO A MINIMUM DEPTH OF SIX INCHES BELOW THE FINISHED GRADE, TOGETHER WITH SOIL AMENDMENTS THAT ARE APPROPRIATE TO ENSURE THE HEALTH AND SUSTAINABILITY OF THE LANDSCAPING TO BE PLANTED. 3. TURF GRASS SHALL BE LIMITED TO A MAXIMUM OF 25 PERCENT OF ALL LANDSCAPE AREAS ON THE SITE. 4. ALL PLANTING BEDS AND A 3-FOOT DIAMETER RING AT THE BASE OF EACH TREE WITHIN SOD OR SEEDED AREAS SHALL BE MULCHED WITH ORGANIC MULCH AT LEAST 4” DEEP. 5. GRAVEL, ROCK MULCH, OR CRUSHER FINES SHALL NOT BE USED UNDER TREES OR ANY PLANTING AREAS. ROCK OR GRAVEL MAY ONLY BE USED AS A SPECIFIC ORNAMENTAL FEATURE IN LIMITED AREAS (SUCH AS AT THE BOTTOM OF A DRAINAGE SWALE OR DRY RIVER BED) OR AS A PEDESTRIAN PATH OR PATIO. 6. WEED BARRIER FABRIC SHALL NOT TO BE USED IN ANY PLANTING AREAS. 7. ALL PLANTS SHALL BE GROUPED BY WATER NEEDS. A MINIMUM OF 75 PERCENT OF ALL LANDSCAPED AREAS (INCLUDING ANY TURF GRASS) MUST USE LOW TO MODERATE WATER DEMAND PLANTS. THE LANDSCAPE SHALL BE DESIGNED SO THAT, AT MATURITY, NOT MORE THAN 10 PERCENT OF THE LANDSCAPED AREA IS EXPOSED MULCH. 8. ALL LANDSCAPE AREAS SHALL BE WATERED BY AN AUTOMATIC IRRIGATION SYSTEM. THE IRRIGATION SYSTEM MUST BE ZONED TO DELIVER DIFFERENT APPROPRIATE AMOUNTS OF WATER TO DIFFERENT PLANT ZONES. THE SITE SHOULD BE IRRIGATED WITH DRIP IRRIGATION, BUBBLER, OR MICRO-SPRAY SYSTEMS. ALL TREES WILL BE ZONED SEPARATELY FROM TURF GRASS. ALL IRRIGATION ZONES SHALL USE A SMART SYSTEM THAT ADJUSTS FOR RAINFALL, SOIL MOISTURE, AND OTHER WEATHER FACTORS. 9. PROTECTIVE MAINTENANCE: AN APPLICANT FOR CONSTRUCTION APPROVAL SHALL PROVIDE MAINTENANCE AND CARE FOR ALL EXISTING TREES REQUIRED TO BE PROTECTED IN THE PUBLIC RIGHT-OF-WAY ADJACENT TO ANY PROJECT OR CONSTRUCTION SITE DURING CONSTRUCTION ACTIVITIES AND THE PUBLIC IMPROVEMENT WARRANTY PERIOD TO ENSURE THAT EXISTING TREES SURVIVE AND ARE NOT DAMAGED. REFER TO CHAPTER 3 OF THE DESIGN AND CONSTRUCTION STANDARDS FOR ALL TREE PROTECTION REQUIREMENTS. (ONLY APPLICABLE TO EXISTING PUBLIC STREET TREES OR EXISTING PRIVATE TREES THAT WILL MEET THE STREET TREE REQUIREMENTS OF SECTION 9-9-13 BRC 1981) 10. ALL NEW TREES SHALL BE LOCATED A MINIMUM OF 10’ FROM ANY EXISTING WATER OR SEWER UTILITY LINES OR FROM LIGHT POLES OR OVERHEAD UTILITY POLES. ALL NEW UTILITY LINES SHALL BE LOCATED A MINIMUM OF 10’ FROM ANY EXISTING PUBLIC STREET TREE. CITY OF BOULDER STANDARD LANDSCAPE NOTES DECIDUOUS TREE OPPOSITE SIDE SAMEOPPOSITE SIDE SAME LC LC DRAWN BY: CHECKED BY: CITY OF BOULDER, COLORADO REVISED: ISSUED: DRAWING NO. JULY 2, 1998 DECIDUOUS EVERGREEN SHRUB SHRUB SPECIFICATIONS MULCHED, SOD-FREE BASE AROUND BALL BALL EVERGREEN TREE TRUNK PLUMB AND 8" GREEN STEEL TEE POSTS WITH BLADE ON TREE SIDE NOTES: RUN DOUBLE STRAND 12 GAUGE WIRE THROUGH GROMMETS IN 2'' NYLON STRAP. RUN WIRE TO 2. SEE SPECS FOR PLANTING OF PLANT PIT TWO TIMES LARGER THAN BALL DIAMETER. ROOT BALL PLANT PIT TWO TIMES LARGER THAN BALL DIAMETER BACKFILL FINISH GRADE WITH SOD OR MULCH, BACKFILL REMOVE ALL FOREIGN MATERIALS FROM TRUNK AND BALL FOLD BACK TOP HALF OF UNTREATED BURLAP UNDISTURBED SUBGRADE SRW TREES AND SHRUBS PLANTING DETAIL 3.02DIRECTOR OF PUBLIC WORKS APPROVED BY: STRAIGHT TREES PER POST AND TWIST FOR SLIGHT VINES AND GROUND COVERS. 3. DETAIL IS TYPICAL IN INTENT ONLY. TO BE 1'' SEE PLAN JSH ROOT BALL TO BE 2'' ABOVE FINISHED GRADE ABOVE FINISHED GRADE TENSION 1. WRAP TRUNK WITH 4'' TREE WRAP PER SPECIFICATIONS. NW NW 120 TREES UNDER 3'' CLP TREES 3'' CLP AND UP STAKING PLAN PROTECTIVE CAP SECURED TO STAKE OCT. 17, 2000 CRITICAL ROOT ZONE TREE WELL BACKFILL DRIP LINE ROOT CUTTING WITHIN DRIP LINE SHOULD BE AVOIDED TREE RETENTION ROCK OR TIE WALL CRITICAL ROOT ZONE DRAWN BY: CHECKED BY: APPROVED BY: DIRECTOR OF PUBLIC WORKS CITY OF BOULDER, COLORADO REVISED: ISSUED: DRAWING NO. JULY 2, 1998JSH RJH GRADE CHANGE AROUND EXISTING TREES 3.04 OCT. 17, 2000 SECTION PLAN CANOPY DRIP LINE PROTECTIVE FENCING DURING CONSTRUCTION AERATION BEFORE, DURING AND AFTER CONSTRUCTION FENCE LOCATION AT DRIP LINE OR 15' FROM TRUNK, WHICHEVER IS GREATER AND SHALL ENCLOSE TREE TREE FENCING SHALL BE A MINIMUM OF 4' HIGH ORANGE POLYETHYLENE LAMINAR SAFETY NETTING POSTS SETTING TO 2' IN GROUND MADE OF DURABLE METAL "T" OR EQUIVALENT SEE SECTION PROTECTED ROOT ZONE WITHIN THE CANOPY DRIP LINE-ACTUAL FEEDER ROOTS EXTEND WELL BEYOND DRIP LINE DRAWN BY: CHECKED BY: APPROVED BY: DIRECTOR OF PUBLIC WORKS CITY OF BOULDER, COLORADO REVISED: ISSUED: DRAWING NO. JULY 2, 1998JSH RJH PROTECTED ROOT ZONE AND DRIP LINE 3.12 OCT. 17, 2000 KEY QTY SCIENTIFIC NAME COMMON NAME SIZE o.c. SPACING WATER USAGE AE 2 Ulmus 'Accolade'Accolade Elm 2" clp.as shown MED KC 2 Gymnocladus dioicus Kentucky Coffeetree 2" clp.as shown LOW TOTAL:4 EHB 2 Carpinus betulus 'Emerald Ave'Emerald Ave. European Hornbeam 1.5" clp.as shown MED JP 13 Pyrus calleryana 'Jaczam'Jack Flowering Pear 1.5" clp.as shown MED SSC 1 Malus x 'Spring Snow'Spring Snow Crabapple 1.5" clp.as shown MED TOTAL:16 DPBB 18 Buddleia 'Blue Chip Jr.' USPP 26581 Dwarf Purple-Blue Butterfly Bush 5 gallon 3' o.c.MED GLFS 16 Rhus aromatica 'Gro-Low'Grow Low Fragrant Sumac 5 gallon 5' o.c.LOW LDP 17 Ligustrum vulgare 'Lodense'Lodense Privet 5 gallon 3' o.c.LOW MCR 4 Rosa 'Morden Centennial'Morden Centennial Rose 5 gallon 3.5' o.c.LOW MSB 18 Symphoricarpos x doorenbosii 'Marlene'Marlene Snowberry 5 gallon 3' o.c.LOW MWP 24 Potentilla fruticosa 'McKay's White'Mckay's White Potentilla 5 gallon 3' o.c.LOW PBB 3 Buddleja davidii nanhoensis `Petite Plum`Compact Purple Butterfly Bush 5 gallon 5' o.c.LOW PGCR 13 Rosa x 'Noatraum' P.P.# 7282 Flower Carpet(R) Pink Ground Cover Rose 5 gallon 3.5' o.c.LOW PM 24 Arctostaphylos x coloradoensis Panchito Panchito Manzanita 5 gallon 4' o.c.LOW RGB 13 Berberis thunbergii 'Rose Glow'Rose Glow Japanese Barberry 5 gallon 4' o.c.LOW RS 8 Perovskia atriplicifolia Russian Sage 5 gallon 4' o.c.LOW SWW 26 Weigela florida 'Bokraspiwi' USPP 23781 Spilled Wine® Weigela 5 gallon 2' o.c.MED WRW 22 Weigela florida Wine and Roses Wine and Roses Weigela 5 gallon 3' o.c.MED TOTAL:206 CMG 9 Miscanthus sinensis 'Arabesque'Arabesque Maiden Grass 1 gallon 24" o.c.MED DFG 20 Pennisetum alopecuroides 'Hameln'Dwarf Fountain Grass 1 gallon 1.5' o.c.LOW FRG 98 Calamagrostis x acutiflora `Karl Foerster`Foerster Feather Reed Grass 1 gallon 1.5' o.c.LOW MLMG 15 Miscanthus sinensis 'Morning Light'Morning Light Maiden Grass 1 gallon 1.5' o.c.MED VFRG 28 Calamagrostis x acutiflora `Overdam`Overdam Feather Reed Grass 1 gallon 1.5' o.c.LOW TOTAL:170 BC 36 Geranium x cantabrigiense 'Biokovo'Biokovo Cranesbill 1 gallon 18" o.c.MED EI 13 Hedera helix English Ivy 1 gallon 24" o.c.MED H 9 Hosta x 'Patriot'Patriot Plantain Lily 1 gallon 18" o.c.MED HL 16 Lavandula angustifolia 'Hidcote'Deep Blue Lavender 1 gallon 18" o.c.MED SD 20 Leucanthemum x 'Becky'Becky Shasta Daisy 1 gallon 24" o.c.LOW SW 111 Galium odoratum Sweet Woodruff 4" pots 12" o.c.MED TS 158 Veronica liaanensis Turkish Speedwell 4" pots 12" o.c.LOW TOTAL:363 SHADE TREES: PLANT LIST: 8/1/23 SHRUBS: ORNAMENTAL TREES: ORNAMENTAL GRASSES: PERENNIALS: TOURNESOL WILSHIRE PLANTER - SIZES VARY (3' x 3 x 3' tree boxes, 2' x 2' x 4-10' L) RAISED PLANTERS - ROOF DECKS SCALE: NTS LANDSCAPE FORMS Parc Center Table & Chairs COMMUNITY TABLE & CHAIRS SCALE: NTS SS SS STSTSTSTSTSTSTSTSTSTSTST ST ST ST W W WWWS89°37'47"W 100.00' (C) EAST 100' (TC2)NORTH 140' (TC2)S00°45'20"E 140.00' (C)EEEEE E E EWWWWWWWW W W WW W W W W W W WGGGGGGEEEEEEEEEEEEEFOFOFOFOFOFOFOFOFOFOFOFO FO FO FO FOFOFOFOFOFOFOFOFOFO EOHEOHE OHE OHE WEST 73.27' (TC1) N89°37'47"E 73.31' (C)SOUTH 50' (TC2)N00°45'20"W 50.00' (C)WEST 50' (TC2) N89°37'47"E 50.00' (C)SOUTHERLY 92 .95 ' (TC1)N15°15'12 "W 93 .12 ' (C) S89°37'47"W 86.27' (C) ARAPAHOE AVENUE (60' RIGHT-OF-WAY) 8' ALLEY MARY WELCH TRACT (BOOK 263, PAGE 42) TRACT 517 (REC. NO. 813562) WV WV EM EM EV 12,561 PERCENTAGE BUILDING AREA:6,056 48% TOTAL DRIVE & PARKING LOT:2,452 20% 6,750 54% DECORATIVE WALKS AND PATIO (PAVERS)1,755 14% LANDSCAPE SHRUB BEDS 2,875 23% PRIVATE PATIOS 2120 31% TOTAL LOT AREA OPEN SPACE AREA: OPEN SPACE SUMMARY TABLE: 6/23/23 OPEN SPACE DIAGRAM SCALE: 1/16" =1'-0" # Date Description 1 1/12/23Site Reveiw Submittal 2 4/28/23Site City Comments 3 6/23/23Site City Comments GAS GRILL - Home Depot or equal COMMUNITY GAS GRILL SCALE: NTS 4 8/01/23Site City Comments Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 36 of 78 Item 3A - 1501 and 1509 Arapahoe Ave Call UpPage 37 of 78 Item 3A - 1501 and 1509 Arapahoe Ave Call UpPage 38 of 78 Burgundy Wire-cut Brick Aluminum Black Metal Siding – will match balcony railings, trim and mechanical screening, as shown in rendering. Painted Cedar Color to Match Rendering Materials Board Sandstone veneer for planters and window accents Trex Composite Pergola Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 39 of 78 Stucco Materials Board –Cont. Black steel Powder coated mechanical screening Anderson 100 reinforced fiberglass black windows 4”Hardiboard Painted Cedar Color to Match Rendering Sandbuff SandstoneItem 3A - 1501 and 1509 Arapahoe Ave Call Up Page 40 of 78 Item 3A - 1501 and 1509 Arapahoe Ave Call UpPage 41 of 78 Item 3A - 1501 and 1509 Arapahoe Ave Call UpPage 42 of 78 1509 Arapahoe; LUR2023-00002 BUILDING DESIGN 1)Building appurtenances requirements: Per Section 9-7-7 BRC: Six of our eight proposed mechanical screens comply with section 9-7-7, a) (1), in that they do not exceed the maximum building height allowed by zoning regulations. And the two other screens comply with section 9-7-7, a) (2): (A) There is a functional need; (B) The functional need cannot be made with a screen of lesser height; & (C) Visible materials are compatible with building materials. All screening complies with a) (3) – There is no usable floor area, and a) (4) (A) screening is consistent with building design; (B) They have been places to the rear of the street facades on the interior of the lot; (C) The height of the screening is the minimum necessary; & (D) The screening does not increase the apparent height of the walls. Response to Downtown Urban Design Guidelines: Interface Area A)Maintain the historic or predominant building setback line. The majority of the buildings along 15th between Canyon and Arapahoe Ave. and those along Arapahoe to the West have been built right next to the City sidewalk. 1509 Arapahoe continues this tradition. B)Views: Projects should be designed to preserve access to mountain views from the public realm and surrounding area. The south and west edges of downtown offer the most spectacular views. 75% of the units enjoy the views and solar access provided by the southern and western exposure. Views from the public sidewalk surrounding the property will continue to enjoy the views and southern exposure. C)Sun & Shade: Provide natural light in buildings & create appealing pedestrian areas that are ice free and sunny in the winter and shady in the summer. With our building’s orientation to the south and west, the majority of the units will receive ample direct sunlight. The adjacent city sidewalks and associated unit entrances will remain ice free during the winter, while the courtyard and seating area on the north side of the building will provide shade and respite from the summer sun. D)Minimize the visibility of mechanical, structural and electrical appurtenances. Low profile mechanical units have been placed to the rear of the building, towards the center of the property to minimize their impact on the adjacent streets and neighboring properties. Electric & gas meters will be placed in the rear of the building. E)Design all sides of building including alley elevations. All sides of the building have been incorporated into a cohesive design which includes building entries with like awnings, consistent window configurations, balconies and planting areas. Materials used on Attachment D - Applicant's Written Statement Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 43 of 78 the primary facades wrap around the sides of the buildings to a minimum of one structural bay. Screening of parking and trash facilities are an integral part of the overall design. F) Exterior building lighting should be designed to enhance the overall architecture of the building. Security lighting should be designed for safety as well as nighttime appearance. Building lighting will be primarily downlighting placed within ceiling cavities. All will be designed for safety, minimize nighttime appearance and enhance the building. G) Reduce the visual impact of structured and surface parking: 75% of parking is below grade and the two remaining spaces at the rear of the lot will be screened from neighboring properties and the alley. 6 Units are accessible from the City sidewalk as well as a central courtyard to the rear of the property. Two units are easily accessed from a sidewalk off of Arapahoe as well as from the central courtyard. H) The law requires that universal access be located with the principal public entrance. Universal access is provided from the City sidewalk entrances. I) Consider the quality of open space incorporated into the new building. The project has a hardscaped central courtyard adjacent to a more casual seating area within the landscape. Building Design Intent: The 1509 Arapahoe development introduces much needed multi-family housing into downtown Boulder. The project will transform a large parking lot with small, one-story retail building into traditional townhomes that provide generous, quality living space for residents while helping to enliven and frame the 15th and Arapahoe corner in conjunction with the building to the west. The architecture strives to be complementary to that building in form, mass and materials. Residents will enjoy direct access to the city sidewalk from their living rooms as well as third floor outdoor living space with unobstructed views of the flatirons to the southwest. The design intent is to create a strong presence at the corner while articulating the façade into traditional townhome modules with offsetting facades. This provides a vertical component to an otherwise horizontal mass as well as referencing an historic urban archetype. This verticality is reinforced with projecting bays and upright fenestration. The facades repetitive rhythm along the street is complemented by alternating use of traditional materials. Additional interest has been added with the use of metal detailing with awnings, balconies and inset panels. The stone wainscot, raised planters and recessed front doors provide visual interest and establish a pedestrian scale that engages the city sidewalk. The first two floors are predominantly veneered in brick with stone detailing at windows and wainscot. The masonry is softened by the adjacent stained, horizontal wood siding cladding the projecting bays. These traditional materials are complimented by the introduction of modern glass railings and metal paneling. Attachment D - Applicant's Written Statement Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 44 of 78 Building fenestration is predicated on a traditional rectangular, 3’x5’ module with vertical orientation. Windows are grouped in combinations of one, two & three units. Additional window configurations are used to contrast the basic pattern and either highlight an architectural feature or reflect interior functionality. We have strived to stack like combinations of windows in an orderly fashion. In some instances, the functioning of the interior demanded a more casual window placement. This situation only occurs once on the main facades, but, is more common on the building elevations opening onto the interior of the lot itself. The third floor has been stepped back to reduce the mass of the building as well as to provide a generous outdoor living area. This floor introduces a new masonry material (stucco) and color to differentiate itself from the levels below. Attachment D - Applicant's Written Statement Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 45 of 78 Project Summary for Site Plan Review and Lot Consolidation: The existing building lots are located at 1501 and 1509 Arapahoe. The proposal is to combine the two building lots for eight (8) attached single family residences with an urban design to maximize density while also retaining the pedestrian oriented design off of 15th St and Arapahoe. The development meets sections 9-2-14 (h), B.R.C. 1981 because: • it doesn’t exceed the allow density of the zone district. • Is designed with from a pedestrian scale to enhance the right-of-way. • Includes vegetative gardens and street landscaping to soften the development and create a walkable streetscape. • Has a single access off the alley to the property with underground parking for six (6) of the eight (8) parking stalls proposed. Long term bike parking is also proposed underground to increase resident safety. • Private open space and onsite gardens are proposed with native species in addition to tree preservation and street scape gardens to enhance aesthetics off of the public right- of-way. • The height and scale of the development fits within the neighborhood while also promoting density within the urban. (1)Boulder Valley Comprehensive Plan (BVCP) criteria: The proposed development is designed to allow for a non-vehicular lifestyle. While parking is proposed, the location allows for easy alternative modes of transportation minimizing greenhouse gas emissions. The development creates an urban design while keeping with the design style unique to the City of Boulder’s downtown area. The development will redevelop the site to a more vegetative space than what currently exists. The development reintroduces vegetation and creates a space while allowing for intimate open spaces dedicated to local group gatherings for the residents of the property. Access to the property allows for a prominent pedestrian access hierarchy while minimizing the vehicular access. The proposed alley vehicular access and underground parking minimizes, to the greatest extent, the vehicular access. Landscaping has been proposed to the greatest extent to promote diversity, native materials and to create a urban yet natural realm. The proposed building has been positioned to engage the pedestrian realm of the streetscape. The design creates an urban feel while also maintaining the massing which is consistent with the surrounding area. Building materials have been chosen to fit within the character of the city with natural materials of brick and stone and wood (which will meet building code fire resistance requirements). Attachment D - Applicant's Written Statement Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 46 of 78 The proposed development meets the requirements of the Non-Historic and interface areas: • The development has been designed to improve the streetscape from what is currently there and pedestrian active space; while providing step back on the third floor • The development will not inhibit the spectacular views of the south corridor. The building will not rise above the existing school south of the development. • The proposed development has been designed with pedestrians in mind. The sun access is prominent with sunny pedestrian access to the entrances of all units. • Mechanical, electrical, structural appurtenances will be screen from the street. • Solar panels will have low profiles and will be incorporated into shade structures on the roof top decks • Design has incorporated all areas including alley access with design features and plantings. • Exterior lightings has been intended to enhance the overall building with security lighting being minimally invasive to the surrounding area. • Parking has been proposed underground to minimize the visual impact of the parking. Especially compared to what is currently there, parking will appear to be minimal while providing all necessary parking for the proposed units. • Proposed open space has been designed to create a welcoming gathering place for all residences of the development with outdoor seating and a grilling area. • Architectural character has been maintained to ensure that the design is appealing and fits in with the unique architectural designs within the downtown area of Boulder. • The proposed development is intended to create a pedestrian oriented environment along the streets for safe and comfortable access along the development. • Visual connections will be maintained as they currently exist, but will provide a safer feeling with the residential environment adjacent to the school vs the existing commercial development which provides a gathering of people in areas which can make this corner less inviting to everyone. • The proposed street scape is designed to be pedestrian oriented with wider sidewalks at 14 feet in width provide a welcoming and comfortable pedestrian thoroughfare. • All sidewalks will have sufficient sun access. • Attachment D - Applicant's Written Statement Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 47 of 78 January 12, 2023 Stephen Brown Brown Development Group PO Box 6286 Denver, Colorado 80206 Reference: Travel Demand Management (TDM) Plan 1509 Arapahoe Avenue – Boulder, Colorado SiteWorks Project No. 22239A Dear Stephen: This TDM Plan has been prepared for the proposed multi-family residential development, located at 1509 Arapahoe Avenue, in Boulder, Colorado. Project Information The proposed project is located on the northeast corner of 15th Street and Arapahoe Avenue in Boulder, Colorado. The 0.30 acre parcel is currently developed with an existing commercial building. The proposed development consists of eight (8) multi- family residential units with below grade parking. Vehicular access to the site is proposed to be from the existing alley that runs East-West along the north property line, with full movement access entering from 15th Street and southbound right turn exiting onto 16th Street. There are numerous opportunities for alternative transit services located adjacent to the site. TDM Strategies Strategies for trip reduction include: •Package Elements: An “Alternative Transportation Subsidy Fund” will be created by the developer. The developer will contribute to the Fund equal to the cost of a 3-year participation in the Eco Pass program. This Fund will be managed by the HOA, and can be used for expenses such as B-cycle and car-share memberships, additional bicycle parking racks for the project, transit (RTD) passes, and other HOA approved items. In addition, the HOA will prepare and submit an annual report to Staff on the TDM related expenditures per dwelling unit. •Orientation Packets: An “Orientation Packet” will be provided to each new resident that includes brochures, maps, and other resources to inform residents of their transportation options. This packet will include RTD bus information, the City of Boulder bicycle and pedestrian map (or similar), and information on special events. This packet will be provided initially by the developer at the time of sale. •Evaluation: Through the sales agreement, the site’s residents will agree to participate in annual on-line or paper surveys regarding their use and Attachment E - TDM Plan and Trip Generation Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 48 of 78 Stephen Brown Brown Development Group January 12, 2023 Page 2 of 3 satisfaction with transportation demand management programs. The evaluation will be administered by the City of Boulder using on-line tools. • Pedestrian Enhancements: A 5’ detached sidewalk with 8’ landscape buffer is proposed along Arapahoe Avenue. The existing attached sidewalk along 15th Street is proposed to remain an 8’ detached walk with 4’ tree grates. • Bike Enhancements: There are numerous bicycle enhancements located adjacent to the site. The Boulder Creek Path is located directly south and west of the site. Arapahoe Avenue has a muti-modal path. 15th Street is a designated bike route. Grove Street is a contra flow bike lane which leads to a designated bike route. • Transit Enhancement: There are numerous RTD stops located adjacent to the site. Stops for the BOLT include 14th and Arapahoe, 16th and Arapahoe and 15th and Canyon. The RTD Boulder Terminal is located two blocks north at 14th and Canyon, with numerous transportation connections throughout the region. Information about transit services will be provided in the Orientation Packets. • Meet Long-Term Bicycle Parking: 12 long-term bicycle parking spaces are required by code. A wall-mounted bicycle rack will be provided in the underground parking garage, providing a safe, secure, enclosed storage area large enough to accommodate a total of 12 long-term bicycle parking spaces. • Meet Short-Term Bicycle Parking: 4 short-term bicycle parking spaces are required by code and 8 short- term bicycle parking spaces are proposed. These standard City of Boulder U Racks are located on the north side of the site, adjacent to the alley. Most of these proposed parking spaces will allow for bicycles with attached trailers. • Managed Off-Street Parking: The proposed project will have a total of 8 parking spaces. These spaces will be reserved for the residential units (one per unit). Should you have any questions or comments concerning this letter, kindly give us a call. Sincerely, Donald P. Ash, P.E. Principal – SiteWorks Attachment: City of Boulder’s Draft Residential Development Toolkit Packages 01/12/23 Attachment E - TDM Plan and Trip Generation Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 49 of 78 Stephen Brown Brown Development Group January 12, 2023 Page 3 of 3 Attachment E - TDM Plan and Trip Generation Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 50 of 78 April 28, 2023 Stephen Brown Brown Development Group PO Box 6286 Denver, Colorado 80206 Reference: Trip Generation Letter 1509 Arapahoe Avenue – Boulder, Colorado SiteWorks Project No. 22239A Dear Stephen: This Trip Generation Letter has been prepared for the proposed multi-family residential development located at 1509 Arapahoe Avenue, in Boulder, Colorado. Project Information The proposed project is located on the northeast corner of 15th Street and Arapahoe Avenue in Boulder, Colorado. The 0.30 acre parcel is currently developed with an existing commercial building. The proposed development consists of eight (8) multi-family residential units with below grade parking. Vehicular access to the site is proposed to be from the existing alley that runs east-west along the north property line, with full movement access entering from 15th Street and southbound right turn exiting onto 16th Street. There are numerous opportunities for alternative transit services located adjacent to the site. Trip Generation The proposal land used for the trip generation analysis is multi-family residential. Reference the Land Use Category #230 – Residential Condominium/Townhouse from Trip Generation, 11th Edition, 2021, by the Institute of Transportation Engineers (ITE). The following Table No. 1 summarizes the proposed weekday, morning and afternoon peak hour trip generation for the proposed land use. Attachment E - TDM Plan and Trip Generation Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 51 of 78 Stephen Brown Brown Development Group April 28, 2023 Page 2 of 3 Table No. 1 – Trip Generation Rates Use Fitted Curve AM Peak Fitted Curve PM Peak 17% In 83% Out 67% In 33% Out 8 Units 6.85 2 6 7.58 5 3 Use Fitted Curve Average Daily Trips (ADT) 50% In 50% Out 8 Units 75 37.5 37.5 The project is estimated to generate eight (8) new AM peak hour trips and eight (8) new PM peak hour trips. Trip Distribution Arapahoe Avenue is an east-west, two lane, minor arterial roadway, located directly south of the site. The intersection with 15th Street is signalized. 15th Street is a north-south, two lane, residential roadway, located directly west of the site. The intersection with Arapahoe Avenue is signalized. The Public Alley is an east-west, one lane, residential alley, located directly north of the site. The alley is one way to the east. The intersection at 16th Street is stop sign controlled and right turn only. 16th Street is a north-south, one lane, residential roadway, located west of the site. The street is one way to the south. The intersection with Arapahoe Avenue is full movement and stop sign controlled. Exhibit No. 2 shows the trip distribution anticipated for this project. Trip Assignment Exhibit No. 3 shows the trip assignment of the site generated traffic. Attachment E - TDM Plan and Trip Generation Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 52 of 78 Stephen Brown Brown Development Group April 28, 2023 Page 3 of 3 Should you have any questions or comments concerning this letter, kindly give us a call. Sincerely, Donald P. Ash, P.E. Principal – SiteWorks Attachment: Exhibit No. 1 – Location Map Exhibit No. 2 – Trip Distribution Exhibit No. 3 – Trip Assignment 04/28/23 Attachment E - TDM Plan and Trip Generation Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 53 of 78 Project: File: Date: 1509 Arapahoe 1509 Arapahoe Avenue Boulder, CO 80302 22239B 22239B-1 05/01/23 PROJECT SITE SCALE: LOCATION MAP1 1" = 2000' Attachment E - TDM Plan and Trip Generation Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 54 of 78 Project: File: Date: 1509 Arapahoe 1509 Arapahoe Avenue Boulder, CO 80302 22239B 22239B-1 05/01/23 PROJECT SITE SCALE: TRIP DISTRIBUTION2 1" = 100' ARAPAHOE AVENUE15TH STREET16TH STREETGROVE STREET ALLEY 50% 50% 60%40% Attachment E - TDM Plan and Trip Generation Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 55 of 78 Project: File: Date: 1509 Arapahoe 1509 Arapahoe Avenue Boulder, CO 80302 22239B 22239B-1 05/01/23 PROJECT SITE SCALE: TRIP ASSIGNMENT3 1" = 100' ARAPAHOE AVENUE15TH STREET16TH STREETGROVE STREET ALLEY 1 2 1 3 2 1 4 2 19 19 15 22.5 37.5 37.5 37.5 3 2 AM PEAK HOUR PM PEAK HOUR XX.X AVERAGE DAILY TRAFFIC (ADT) Attachment E - TDM Plan and Trip Generation Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 56 of 78 Attachment F - Neighbor Comment Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 57 of 78 Attachment F - Neighbor Comment Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 58 of 78 Attachment F - Neighbor Comment Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 59 of 78 Attachment F - Neighbor Comment Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 60 of 78 Attachment F - Neighbor Comment Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 61 of 78 Attachment F - Neighbor Comment Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 62 of 78 Attachment F - Neighbor Comment Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 63 of 78 Attachment F - Neighbor Comment Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 64 of 78 Attachment F - Neighbor Comment Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 65 of 78 Attachment F - Neighbor Comment Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 66 of 78 Attachment F - Neighbor Comment Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 67 of 78 Attachment F - Neighbor Comment Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 68 of 78 Attachment F - Neighbor Comment Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 69 of 78 Attachment F - Neighbor Comment Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 70 of 78 Attachment F - Neighbor Comment Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 71 of 78 Attachment F - Neighbor Comment Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 72 of 78 Attachment F - Neighbor Comment Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 73 of 78 Attachment F - Neighbor Comment Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 74 of 78 Attachment F - Neighbor Comment Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 75 of 78 CITY OF BOULDER DESIGN ADVISORY BOARD MINUTES October 11, 2023 Virtual A permanent set of these minutes and a tape recording (maintained for a period of seven years) are retained in Central Records (telephone: 303-441-3043). Minutes and streaming audio are also available on the web at: http://www.bouldercolorado.gov/ DAB MEMBERS PRESENT: Brendan Ash Rory Bilocerkowycz Todd Bryan (Chair) Stephen Eckert Matthew Schexnyder ml Robles, Planning Board Ex-Officio Representative DAB MEMBERS ABSENT: No members were absent. STAFF PRESENT: Kalani Pahoa, Urban Designer Devin Saunders, Board Specialist Charles Ferro, Development Review Planning Senior Manager Kristofer Johnson, Comprehensive Planning Manager Alison Blaine, Senior Planner Ali Pfenninger, Comprehensive Project Coordinator Chandler Van Schaack, Principal Planner 1. CALL TO ORDER Chair, T. Bryan, declared a quorum at 4:02p.m. and the following business was conducted. 2. PUBLIC PARTICIPATION No one spoke. 3. APPROVAL OF MINUTES A. On a motion by R. Bilocerkowycz and seconded by B. Ash, the board unanimously approved the August 9, 2023 minutes as submitted. 4. DISCUSSION ITEMS A. 1509 ARAPAHOE Staff Introduction A. Blaine introduced the item to the board. Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 76 of 78 Applicant Presentation: M. McNamara with Brown Development Group, representing the applicant, presented the item to the board. Board Questions: M. McNamara with Brown Development Group, representing the applicant, answered questions from the board. Board Comments: 1. Criteria 2.1.A o 17 Walnut is a good example of setbacks that are more consistent on two sides of the building. o There is concern about articulating the Arapahoe façade more. o There needs to be more variation or articulation on the Arapahoe façade, which also includes the setback. The planted buffer on one side of the street could be more consistent with what is on the other side of the street. o There is an overall feeling that setbacks on the building were generally consistent with new development and architecture. 2. Criteria 2.1.C o The sun/shade issues were adequately addressed, considering the limitations. 3. Criteria 2.1.F o The entries on the south façade should be addressed with further design study, which will also help other comments about articulating and activating. o The south elevation could benefit by considering treatments on the west side – potentially flipping units. o There is a lack of cohesion among all the elevations, with the west elevation working the best. The other elevations could benefit from the proposed west side stylistic choices. o The 15th Street setbacks are consistent with the Mosaic building – suggesting that the jogging in and out should be present on both 15th Street and Arapahoe Street. 4B: 5675 ARAPAHOE Staff Introduction C. Van Schaack introduced the item to the board. Applicant Presentation: J. Anastasi with OZ Architecture, representing the applicant, presented the item to the board. Applicant Presentation: J. Anastasi with OZ Architecture, representing the applicant, answered questions from the board. Board comments: 1. Criteria (h)(2)(A)(v) o Regarding the circulation, look for ways to reduce the use of pavement in the Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 77 of 78 circulation pattern. 2. Criteria (h)(3)(A)(ii) o Regarding parking, there is not a particular consensus on the parking but that it could be put in another place that would still make it accessible. o There were questions raised about flipping the plan in different ways, as there is some concern about the pavilion and area C and how that interacts with the service road (programmatic). 3. Criteria (h)(3)(A)(vi) o consensus recommendation to find the outer edge to grab the architectural tectonics of the buildings and connection with the sidewalk. 5. BOARD MATTERS 6. CALENDAR CHECK 7. ADJOURNMENT The Design Advisory Board adjourned the meeting at 6:33 p.m. APPROVED BY _________________________________ Board Chair _12/13/2023______________________ DATE Item 3A - 1501 and 1509 Arapahoe Ave Call Up Page 78 of 78 MEMORANDUM TO: Planning Board FROM: Alison Blaine, Case Manager DATE: January 29, 2024 SUBJECT: Call Up Item: Use review to allow residential uses on the ground floor facing a street in an Industrial-Service 1 zone district. The proposal includes the redevelopment of the existing site with two new residential buildings containing 21 three-story townhouse units with private garages. The call-up period expires on Feb. 12, 2024. ADDRESS: 4725 Broadway PROJECT NAME: 4725 Broadway CASE NO: LUR2022-00032 Attached is the Notice of Disposition of approval of a Use Review for residential on the ground floor facing a street in the Industrial – Service 1 (IS-1) Zoning District per the “Use Standards” in Section 9-6-1, B.R.C 1981. A Site Review application for the site is not required as it does not trip the minimum threshold for Site Review in the IS-1 zone of 5 acres or 100,000 square feet of floor area. Refer to Attachment B for staff’s analysis of the Use Review Criteria. Planning Board may call up the decision on or before Feb. 12, 2024. Please direct any clarifying questions during the call up period to the case manager at blainea@bouldercolorado.gov. Background. The subject property is located in North Boulder on the western side of Broadway and south of Lee Hill Rd. The site is also about a half-mile east of Foothills Community Park. The surrounding context of the area is made up of a variety of uses, including residential, commercial, and industrial. Single-family residential is located west of the site with mixed-density residential to the east, as well as further north and south along Broadway. Such residential developments include the Armory, the Bus Stop Apartments, 1175 Lee Hill, and live-work units at 4645 Broadway. The area includes several commercial and office uses, including the Comfort Inn and Suites, North Boulder library branch, various restaurants, and mixed-use developments. Areas to the north and south include industrial uses, such as storage facilities and auto repair services. Refer to Figure 1 for an aerial photo of the site. Figure 1. Vicinity Map Subject Site Holiday Neighborhood Industrial Uses The Armory Item 3B - 4725 Broadway Call Up Page 1 of 38 The project site is zoned Industrial-Service 1 (IS-1) which is described as: “Service industrial areas primarily used to provide to the community a wide range of repair and service uses and small-scale manufacturing uses.” (Section 9-5-2(c)(4), B.R.C. 1981). Surrounding zone districts in the area vary including RL-2, RM-1, and RMX-2 as well BT-1, BT-2, IS-1, IS-2, and MU-1. Refer to Figure 2. Figure 2. Zoning Districts The site currently contains an industrial building constructed in 1978 that is approximately 19,000 square feet with a 580 square-foot accessory structure. The existing uses include an auto repair shop and recreational vehicle sales. The site is predominantly gravel surface parking areas. North Boulder Subcommunity Plan: The site is subject to the North Boulder Subcommunity Plan. Per the subcommunity plan, this area is considered a “Neighborhood in Transition” where diverse housing and walkable development is encouraged. The plan supports short blocks that are comfortable for pedestrians, bicyclists, and motorists and places emphasis on human-scale, neighborhood character. As indicated below, the proposed project is consistent with the adopted plans for the area. Project Proposal. The applicant is requesting approval of a Use Review to allow for two residential buildings containing a total of 21 townhouse units that will be located on the ground floor and facing a street. Each unit will have private, enclosed garages and individual rooftop decks. Refer to Figure 3 and 4 on the next page. The applicant intends to meet Inclusionary Housing requirements with a cash-in-lieu contribution as provided for in the city’s inclusionary housing regulations. As part of the proposal, the applicant is constructing half the width of Zamia Ave. between 10th St. and Broadway, consistent with the Transit Master Plan (TMP) and North Boulder Subcommunity Plan Connections Plan. Access to the site will be taken from Zamia Ave. with additional pedestrian access to and from Broadway via an internal walkway connection. Refer to Attachment C for the site and floor plans. Any expansions of the approved use require a new use review application. Item 3B - 4725 Broadway Call Up Page 2 of 38 Figure 3. Site Plan Figure 4. Perspective of Proposal Review Process. The application was received prior to use table code changes associated with Ordinance 8556 and is therefore subject to the code standards that were in place prior to Mar. 18, 2023. Per the use standards found in Section 9-6-1, B.R.C. 1981 prior to Ordinance 8556, approval of a Use Review is required for residential uses on the ground floor facing a street in the IS-1 zone district. Current standards prohibit townhouses or attached dwelling units in the IS-1 zone district. Per Section 9-4-2, B.R.C. 1981, applications for Use Review are subject to call up by the Planning Board. No modifications from the development code have been requested. The proposal meets all other development standards for the zoning district and does not trigger or require Site Review as indicated above. Refer to Attachment A for the conditions of approval. Analysis. The proposal was found to be consistent with the Use Review criteria of Section 9-2-15(e), B.R.C. 1981. The proposed residential use is located in an area where other residential uses occur, as well as a variety of commercial and industrial uses. The residential uses are situated on the site in a manner that Item 3B - 4725 Broadway Call Up Page 3 of 38 mitigates negative impacts from nearby properties and the proposed development provides a transition from single-family houses immediately to the west to commercial uses immediately to the east. The construction of the Zamia Ave. extension creates shorter, walkable blocks to better link residential uses to Broadway and provides safe access for pedestrians, consistent with the North Boulder Subcommunity Plan. Staff conducted a preliminary review of the proposal for conformance with form and bulk, intensity, and development standards as part of the Use Review process. A more thorough analysis will be completed at time of Technical Document Review and Building Permit. The purpose of the Use Review is to review the proposal for compliance with the criteria of Section 9-2-15(e), B.R.C. 1981. The review criteria are intended to ensure that the proposed use is appropriate in the proposed location. Please refer to Attachment B for staff’s complete analysis of the review criteria and the conditions of approval can be found in Attachment A. 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 comments from three neighbors. One neighbor expressed opposition, one neighbor had questions about the scope and process, and a third neighbor supported the development but had comments and questions about access to Broadway. The comments are included in Attachment D. Conclusion. Staff finds that the proposed project meets the criteria of section 9-2-15, “Use Review,” B.R.C. 1981 (refer to Attachment B). The proposal was approved by staff on Jan. 29, 2024 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 Feb. 12, 2024. The applicant or an interested person may appeal the decision by delivering a written notice of appeal to the city manager. A member of the planning board may call up the decision upon written notification to staff or by making a verbal request, on the record, at a regularly scheduled board meeting. There is a Planning Board meeting on Feb. 6, 2024, during the 14-day call-up period. Questions about the project or decision or requests to call up the approval should be directed to the Case Manager, Alison Blaine at blainea@bouldercolorado.gov. Attachments: A. Signed Disposition and Approved Management Plan B. Analysis of Use Review Criteria C. Applicant’s Site and Floor Plan D. Neighbor Comment E. Architectural Renderings Item 3B - 4725 Broadway Call Up Page 4 of 38 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: 4725 BROADWAY DESCRIPTION: LOCATION: Use review to allow residential uses on the ground floor facing a street in an Industrial-Service 1 zone district. The proposal includes the redevelopment of the existing site with two new residential buildings containing 21 three- story townhouse units with private garages. 4725 BROADWAY LEGAL DESCRIPTION: See Exhibit A APPLICANT: OWNER: APPLICATION: ZONING: CASE MANAGER: PAUL ANDERSEN, INDEPENDENT ARCHITECTURE ANDREW GHADIMI, EMERALD MANAGEMENT Use Review, LUR2022-00032 Industrial - Service 1 (IS-1) Alison Blaine 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. On: January 29, 2024 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: February 12, 2024 Final Approval Date: February 13, 2024 Attachment A - Notice of Disposition Item 3B - 4725 Broadway Call Up Page 5 of 38 Address: 4725 BROADWAY 2 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 the plan set prepared by the Applicant on December 14, 2023 and January 24, 2024, all 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 not expand or modify the approved use, except pursuant to Subsection 9-2-15(h), B.R.C. 1981. 3. Prior to a building permit application, the property owner shall sign a declaration of use, including all of the conditions for continued use, to be recorded in the office of the Boulder County Clerk and Recorder to serve as actual and constructive notice to potential purchasers and tenants of the owner’s property status as a residential use within an industrial zoning district classification. 4. Prior to Building Permit application, the Applicant shall submit, and obtain City Manager approval of, a Technical Document Review application for the following items: a. Final architectural plans, including material samples and colors, to ensure compliance with the intent of this approval and compatibility with the adopted subcommunity plan for the area. The architectural intent shown on the plans prepared by the Applicant on December 14, 2023 and January 24, 2024 is acceptable. Planning staff will review plans to assure that the architectural intent is performed. b. A final site plan and building elevations which includes detailed floor plans to confirm floor area requirements and section drawings. The building elevations on the final site plans shall demonstrate compliance with the maximum building height requirements of Section 9-7-5, “Building Height,” B.R.C. 1981. In addition, submittal of the final site plans shall include drawings and a written statement demonstrating that any mechanical appurtenances meet the requirements of Section 9-7-7, “Building Height, Appurtenances,” B.R.C. 1981. c. A final utility plan meeting the City of Boulder Design and Construction Standards. d. A final storm water report and plan meeting the City of Boulder Design and Construction Standards. e. Final transportation plans meeting the City of Boulder Design and Construction Standards and CDOT Access Code Standards, for all transportation improvements. These plans must include, but are not limited to: street plan and profile drawings, street cross-sectional drawings, signage and striping plans in conformance with Manual on Uniform Traffic Control Devices (MUTCD) standards, transportation detail drawings, geotechnical soils report, and pavement analysis. f. A detailed landscape plan, including size, quantity, and type of plants existing and proposed; type and quality of non-living landscaping materials; any site grading proposed; and any irrigation system proposed, to ensure compliance with this approval and the City's landscaping requirements. Removal of trees must receive prior approval of the Planning Department. Removal of any tree in City right of way must also receive prior approval of the City Forester. Attachment A - Notice of Disposition Item 3B - 4725 Broadway Call Up Page 6 of 38 Address: 4725 BROADWAY 3 g. A detailed outdoor lighting plan showing location, size, and intensity of illumination units, indicating compliance with section 9-9-16, B.R.C.1981. h. A detailed shadow analysis to ensure compliance with the City's solar access requirements of section 9-9-17, B.R.C. 1981. i. An address plat following the city’s addressing policy to create a new address. 5. Prior to building permit application, the Applicant shall dedicate to the City, at no cost, the easements and rights-of-way necessary to serve the development, including but not limited to the following easements and rights-of- way as shown on the plans prepared by the Applicant on December 14, 2023 and January 24, 2024 meeting the City of Boulder Design and Construction Standards, as part of Technical Document Review applications, the form and final location of which shall be subject to the approval of the City Manager: a. A 7-foot Public Access easement on the north side of the site, adjacent to Zamia Avenue. b. A 30-foot right-of-way dedication, in fee, for Zamia Avenue. 6. Prior to issuance of a certificate of occupancy, the Applicant shall construct and complete, subject to acceptance by the City, Zamia Avenue between Broadway and 10th Street serving the site in conformance with the approved engineering plans and with the City of Boulder Design and Construction Standards. Attachment A - Notice of Disposition Item 3B - 4725 Broadway Call Up Page 7 of 38 Address: 4725 BROADWAY 4 EXHIBIT A LEGAL DESCRIPTION THAT PART OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 1 NORTH, RANGE 71 WEST OF THE SIXTH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHERE THE SOUTH SIDE OF COUNTY ROAD NO. 201 INTERSECTS WITH THE CENTER OF HIGHWAY NO. 7; THENCE SOUTHERLY 330 FEET TO THE TRUE POINT OF BEGINNING; THENCE WESTERLY 660 FEET; THENCE SOUTHERLY 165 FEET; THENCE EASTERLY 660 FEET; THENCE NORTHERLY 165 FEET TO THE TRUE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF BOULDER BY DEED RECORDED FEBRUARY 19, 1991 AT RECEPTION NO. 1088253, COUNTY OF BOULDER, STATE OF COLORADO. Attachment A - Notice of Disposition Item 3B - 4725 Broadway Call Up Page 8 of 38 CRITERIA CHECKLIST AND COMMENT FORM USE REVIEW SECTION 9-2-15 Criteria for Review: No use review application will be approved unless the approving agency finds all of the following: (1)Consistency with Zoning and Non-Conformity: The use is consistent with the purpose of the zoning district as set forth in Section 9-5-2(c), "Zoning Districts Purposes," B.R.C. 1981, except in the case of a non-conforming use; At time of application, townhouses were an allowed use per Section 9-6-1, B.R.C. 1981. The subject site is zoned Industrial – Service 1 (IS-1). Residential on the ground floor facing a street is also allowable per Table 6-1 pursuant to a Use Review.  (2) Rationale: The use either: (A) Provides direct service or convenience to or reduces adverse impacts to the surrounding uses or neighborhood; The proposed use reduces adverse impacts to the surrounding area by replacing an existing auto repair with residential, which has fewer visual and noise impacts. (B) Provides a compatible transition between higher intensity and lower intensity uses; The proposal to develop 21 townhouse units provides a transition from single-family houses immediately to the west in the North Briar neighborhood to commercial uses immediately to the east along Attachment B - Staff Analysis Item 3B - 4725 Broadway Call Up Page 9 of 38 Broadway. Areas to the east also include multi-family residential and mixed-use development. N/A (C) Is necessary to foster a specific city policy, as expressed in the Boulder Valley Comprehensive Plan, including, without limitation, historic preservation, moderate income housing, residential and non- residential mixed uses in appropriate locations, and group living arrangements for special populations; or N/A (D) Is an existing legal non-conforming use or a change thereto that is permitted under subsection (f) of this section;  3) Compatibility: The location, size, design, and operating characteristics of the proposed development or change to an existing development are such that the use will be reasonably compatible with and have minimal negative impact on the use of nearby properties or for residential uses in industrial zoning districts, the proposed development reasonably mitigates the potential negative impacts from nearby properties; The proposal for townhouse units is compatible with adjacent residential uses, including mixed-density residential to the east and south along Broadway. The residential uses are situated on the site in a manner that mitigates negative impacts from nearby properties. The buildings are located near the Zamia Ave. right-of-way and are separated from the industrial uses to the south by an internal driveway and large setback. The townhouses face north with access to the garage facing the rear. The buildings are also situated with a large setback from Broadway on the eastern side. The setback is filled with the landscaping and large tress to alleviate negative impacts, like noise, from the street.  (4) Infrastructure: As compared to development permitted under Section 9-6-1, "Schedule of Permitted Uses of Land," B.R.C. 1981, in the zone, or as compared to the existing level of impact of a non-conforming use, the proposed development will not significantly adversely affect the infrastructure of the surrounding area, including, without limitation, water, wastewater, and storm drainage utilities and streets; The site is currently developed and contains the necessary infrastructure for water, wastewater, and storm drainage utilities. As part of the approval, the site will be required to provide Technical Documents to evaluate the proposal and confirm the new development will not adversely affect the infrastructure of the surrounding area. Infrastructure improvements included in this proposal is the construction of Zamia Ave. to connect 10th St. with Broadway. The extension, including the detached sidewalks, can better serve the pedestrian by creating a smaller block to improve circulation in the area. The extension will also allow pedestrian, vehicle, and bicycle access to Broadway for neighbors west of the site.  (5) Character of Area: The use will not change the predominant character of the surrounding area or the character established by adopted design guidelines or plans for the area; and Attachment B - Staff Analysis Item 3B - 4725 Broadway Call Up Page 10 of 38 The surrounding uses include mixed-density residential immediately to the east and west of the site, as well as further north and south along Broadway. Such developments include the Armory, the Bus Stop Apartments, 1175 Lee Hill, and live-work units at 4645 Broadway. The proposed residential uses will not change the predominate character of the area because this part of North Boulder already includes a variety of mixes, including residential, commercial, and industrial. The industrial areas to the north and south will remain. The site is subject to the North Boulder Subcommunity Plan, which considers this location a neighborhood in transition with the intent to create walkable neighborhoods with short blocks that are comfortable for pedestrians, bicyclists, and motorists. The proposal will add housing diversity in the form of townhouses and construct the Zamia Ave. extension to create the neighborhood feel, as required per the plan. The building has been designed to align with the plan’s guidelines for residential neighborhoods including front doors facing the street, hidden garages, and front porch elements to introduce human-scale design. N/A (6) Conversion of Dwelling Units to Non-Residential Uses: There shall be a presumption against approving the conversion of dwelling units in the residential zoning districts set forth in Subsection 9-5-2(c)(1)(a), B.R.C. 1981, to non-residential uses that are allowed pursuant to a use review, or through the change of one non-conforming use to another non-conforming use. The presumption against such a conversion may be overcome by a finding that the use to be approved serves another compelling social, human services, governmental, or recreational need in the community including, without limitation, a use for a day care center, park, religious assembly, social service use, benevolent organization use, art or craft studio space, museum, or an educational use. Attachment B - Staff Analysis Item 3B - 4725 Broadway Call Up Page 11 of 38 1 PL: 165'-0"PL: 619'-6" PL: 619'-6"BroadwayBT-1 Zoning - Business Transitional 1 IS-1 Zoning - Industrial Service 1 RL-2 Zoning - Residential Low 2 IS-1 Zoning - Industrial Service 1 PL: 165'-0"10th St.Xcel easement 12' interior side setback boundary 60' Front Range ROW reservation 30' Zamia ROW dedication 60' Front Range ROW reservation 14'-6"25'-0"20' rear setback boundary 15' street side setback boundary from Zamia ROW dedication additional 7' public access easement 1112 Zamia Ave. Broadway ROW 41' from center of road (about 6" from property line) 14' 10th St. ROW reservaiton 20' front setback boundary Building 2 Residential Townhomes 3 Stories with Private Garages Building 1 Residential Townhomes 3 Stories with Private Garages 106'-3"52'-3"24'-0"220'-8 1/2"34'-8 1/4"8'-0"52'-3"24'-0"34'-8 1/4"8'-0"46'-0" 244'-8 1/2" 20'-0"259'-10 1/8" 20'-0"92'-0"10'-0" 22'-8 1/2"20'-0"22'-8 1/2"54'-0"58'-3 3/8" 20'-0" 11 12 3 3 34 4 6 7 7 8 8 9 910 13 13 13 14 1413 14 13 13 13 13 11 11 11 11 5 9'-0"5 5 15 15 16 16 79.26 74.32 66.82 61.93 72.00 70.00 70.00 75.00 74.00 73.00 72.00 72.0073.0074.00 75.00 69.00 69.00 68.00 68.00 67.00 67.00 67.00 67.00 72.00 71.00 66.00 R 2 5 ' - 0 " R2 5 ' - 0 " 1517 1517 2 A0.01 5 5 SITE PLAN KEY NOTES: Zamia Ave. ROW dedicated and constructed to provide access to the site and to comply with the intentions of the North Boulder Subcommunity Plan. From north to south per the DCS Base Street Standard Components: 24" curb and gutter, two 10' travel lanes, 24" curb and gutter, 8' planting strip, and 5' detached sidewalk. Connect east end to Broadway and west end to 10th St. per DCS Curb cut for new access drive per DCS Two-way asphalt drive Covered trash/recycling area on concrete pad with gate Gravel path 10'x19' turnaround space with striping Concrete walk/surface Building outline Unit division line Private concrete courtyard with mesh fence Planting strip Sidewalk with trees, bicycle lane, mountable curb buffer, and travel lane per North Broadway Reconstruction Vegetation Useable open space Building above Private concrete patio with entry steps and planter Lowest point of natural grade within 25' of the tallest side of each building # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 SITE PLAN LEGEND: Property Line Setback Line ROW Reservation/Dedication Line Easement Line Building Outline Building Footrpint Vegetation Useable Open Space Gravel Planter New Trees and Shrubs Spot Elevation 1234.56 VEHICULAR PARKING QUANTITIES REQUIREMENT REQUIRED PROVIDED Building 1 Residential 2 spaces for 3-bed DU 22 See total below Building 2 Residential 2 spaces for 3-bed DU 20 See total below Total Parking Spaces n/a 42 42 BICYCLE PARKING QUANTITIES REQUIREMENT REQUIRED PROVIDED Dwelling Units With A Private Garage No requirement 0 0 LAND USE AREA CALCULATIONS REQUIREMENT REQUIRED PROVIDED Gross Lot Area n/a n/a 102,179 s.f. Net Lot Area with ROW Deductions n/a n/a 83,594 s.f. Buildable Area F.A.R. max = 0.5 83,594 x 0.5 F.A.R. = 41,797 s.f. 41,797 s.f. Building 1 Residential n/a n/a 22,429 s.f. Building 2 Residential n/a n/a 19,199 s.f. Total Building Area F.A.R. max = 0.5 41,797 s.f. max 41,628 s.f. Private Open Space for Residential Uses 60 s.f. per DU 1,260 s.f. min.12,025 s.f. Useable Open Space 15% min.83,594 x 0.15 = 12,539 s.f. 14,975 s.f. (not including private) Parking Lot Area n/a n/a 15,041 s.f. north property line sidewalk 5'-0"8'-0" 2'-0" 10'-0"10'-0" 2'-0" planting strip travel lane travel lane curb and gutter curb and gutter additional 7' public access easement 30' Zamia ROW dedication CHECKED: DRAWN: SCALE: DATE:12.14.2023 SHEET NOTES: 4725 Broadway OWNER: 4725 LLC 4949 Broadway Suite 105 Boulder, Colorado 80304 ARCHITECT: Independent Architecture 2017 Larimer Street Denver, Colorado 80205 TEL 303-433-5303 NOT FOR CONSTRUCTION SUBMISSIONS AND REVISIONS: Date Rev. # Description KEY PLAN: 07.11.2022 Use Review Submission 12.14.2023 Use Review Submission A0.01 Site Plan VARIES DS PA 1. Dimensions are to face of finished surface unless otherwise noted. 2. Trees and shrubs represent design intent. Exact locations TBD. Refer to Landscape Plan for more information. 3. Spot elevations represent the design intent and are based on a site survey and grading plans from a previous site plan design. They are intended to show the existing property corner elevations, the approximate stepping in the proposed buildings, and the lowest point of natural grade within 25' of the tallest side of each of the proposed buildings. 1 Site Plan 1"=30'-0" 2 Zamia Ave. Schematic Cross Section 1/4"=1'-0" Attachment C - Approved Plans Item 3B - 4725 Broadway Call Up Page 12 of 38 B A 22'-0"51'-6 1/2"## Dining Area 2-Car Garage Kitchen Coat Closet Pantry Powder Room Recessed Entry fridge dw up down down down to crawlspace below Patio garage parking not counted per Section 9-8-2, Table 8-2 floor area measured to the outside surface of exterior framing per BRC definition of "Floor area" the area of each shared wall is split between the two units that share the wall; area hatch goes to centerline of wall B A 22'-0"51'-6 1/2"## Terrace Living Area up down open to below open to below double height space not counted per BRC definition of "Floor area" floor area measured to the outside surface of exterior framing per BRC definition of "Floor area" the area of each shared wall is split between the two units that share the wall; area hatch goes to centerline of wall B A 22'-0"51'-6 1/2"## Bed 01 Bed 02 Shared Bath Bed 02 Closet CorridorPrimary Closet Bed 01 Closet Primary Bath Primary Bedroom down Laundry and Linen floor area measured to the outside surface of exterior framing per BRC definition of "Floor area" stairway opening at the uppermost floor not counted per BRC definition of "Floor area" the area of each shared wall is split between the two units that share the wall; area hatch goes to centerline of wall AREA BY UNIT TYPE Number of Units Unit Area per BRC Total Area per BRC Unit Type 1A 9 1,928 s.f.17,352 s.f. Unit Type 1B 1 1,947 s.f.1,947 s.f. Unit Type 2A 8 1,884 s.f.15,072 s.f. Unit Type 2B 1 1,908 s.f.1,908 s.f. Unit Type 3 1 3,304 s.f.3,304 s.f. Unit Type 4 1 2,004 s.f.2,004 s.f. Total 21 Units n/a 41,578 s.f. AREA DIAGRAM LEGEND: Area Calculated Per BRC CHECKED: DRAWN: SCALE: DATE:01.24.2024 SHEET NOTES: 4725 Broadway OWNER: 4725 LLC 4949 Broadway Suite 105 Boulder, Colorado 80304 ARCHITECT: Independent Architecture 2017 Larimer Street Denver, Colorado 80205 TEL 303-433-5303 NOT FOR CONSTRUCTION SUBMISSIONS AND REVISIONS: Date Rev. # Description KEY PLAN: 07.11.2022 Use Review Submission 12.14.2023 Use Review Submission 01.24.2024 Use Review Submission A6.01 Unit Type 1A Area Diagram 1/4" = 1'-0 DS PA 1 Unit Type 1A - 1st Floor Plan 1/4"=1'-0" 1. All dimensions shall be verified in field prior to construction. 2. Refer to Building Floor Plans for overall building dimensions. 2 Unit Type 1A - 2nd Floor Plan 1/4"=1'-0" 3 Unit Type 1A - 3rd Floor Plan 1/4"=1'-0" N 0' 1'5'10'20'0' 1'5'10'20'0' 1'5'10'20' NN Attachment C - Approved Plans Item 3B - 4725 Broadway Call Up Page 13 of 38 unit 1b B A 22'-0"51'-6 1/2"## Dining Area 2-Car Garage Kitchen Coat Closet Pantry Powder Room fridge dw up Recessed Entry down down to crawlspace below down Patio garage parking not counted per Section 9-8-2, Table 8-2 floor area measured to the outside surface of exterior framing per BRC definition of "Floor area" the area of each shared wall is split between the two units that share the wall; area hatch goes to centerline of wall B A 22'-0"51'-6 1/2"## Terrace Living Area up down open to below open to below double height space not counted per BRC definition of "Floor area" floor area measured to the outside surface of exterior framing per BRC definition of "Floor area" the area of each shared wall is split between the two units that share the wall; area hatch goes to centerline of wall B A 22'-0"51'-6 1/2"## Bed 01 Bed 02 Shared Bath Bed 02 Closet CorridorPrimary Closet Bed 01 Closet Primary Bath Primary Bedroom down Laundry and Linen floor area measured to the outside surface of exterior framing per BRC definition of "Floor area" stairway opening at the uppermost floor not counted per BRC definition of "Floor area" the area of each shared wall is split between the two units that share the wall; area hatch goes to centerline of wall AREA BY UNIT TYPE Number of Units Unit Area per BRC Total Area per BRC Unit Type 1A 9 1,928 s.f.17,352 s.f. Unit Type 1B 1 1,947 s.f.1,947 s.f. Unit Type 2A 8 1,884 s.f.15,072 s.f. Unit Type 2B 1 1,908 s.f.1,908 s.f. Unit Type 3 1 3,304 s.f.3,304 s.f. Unit Type 4 1 2,004 s.f.2,004 s.f. Total 21 Units n/a 41,578 s.f. AREA DIAGRAM LEGEND: Area Calculated Per BRC CHECKED: DRAWN: SCALE: DATE:01.24.2024 SHEET NOTES: 4725 Broadway OWNER: 4725 LLC 4949 Broadway Suite 105 Boulder, Colorado 80304 ARCHITECT: Independent Architecture 2017 Larimer Street Denver, Colorado 80205 TEL 303-433-5303 NOT FOR CONSTRUCTION SUBMISSIONS AND REVISIONS: Date Rev. # Description KEY PLAN: 07.11.2022 Use Review Submission 12.14.2023 Use Review Submission 01.24.2024 Use Review Submission A6.02 Unit Type 1B Area Diagram 1/4" = 1'-0 DS PA 1 Unit Type 1B - 1st Floor Plan 1/4"=1'-0" 1. All dimensions shall be verified in field prior to construction. 2. Refer to Building Floor Plans for overall building dimensions. 2 Unit Type 1B - 2nd Floor Plan 1/4"=1'-0" 3 Unit Type 1B - 3rd Floor Plan 1/4"=1'-0" N 0' 1'5'10'20' N 0' 1'5'10'20' N 0' 1'5'10'20' Attachment C - Approved Plans Item 3B - 4725 Broadway Call Up Page 14 of 38 B A 22'-0"51'-6 1/2"#### Dining Area 2-Car Garage Kitchen Coat Closet Pantry Powder Room fridge dw up Recessed Entry down down down to crawlspace below Patio garage parking not counted per Section 9-8-2, Table 8-2 floor area measured to the outside surface of exterior framing per BRC definition of "Floor area" the area of each shared wall is split between the two units that share the wall; area hatch goes to centerline of wall B A 22'-0"51'-6 1/2"## Living Area up down Primary Bedroom skylights above Primary Bath Primary Closet open to below open to below double height space not counted per BRC definition of "Floor area" floor area measured to the outside surface of exterior framing per BRC definition of "Floor area" the area of each shared wall is split between the two units that share the wall; area hatch goes to centerline of wall B A 22'-0"51'-6 1/2"## Shared Bath Laundry Bed 02 Closet Bed 01 Closet Linen down Bed 01 Bed 02 Terrace Corridor Terrace Storage floor area measured to the outside surface of exterior framing per BRC definition of "Floor area" stairway opening at the uppermost floor not counted per BRC definition of "Floor area" Terrace Storage has a ceiling height of less than 6'-0" and therefore is not counted per BRC definition of "Floor area" and "Uninhabitable space" the area of each shared wall is split between the two units that share the wall; area hatch goes to centerline of wall AREA BY UNIT TYPE Number of Units Unit Area per BRC Total Area per BRC Unit Type 1A 9 1,928 s.f.17,352 s.f. Unit Type 1B 1 1,947 s.f.1,947 s.f. Unit Type 2A 8 1,884 s.f.15,072 s.f. Unit Type 2B 1 1,908 s.f.1,908 s.f. Unit Type 3 1 3,304 s.f.3,304 s.f. Unit Type 4 1 2,004 s.f.2,004 s.f. Total 21 Units n/a 41,578 s.f. AREA DIAGRAM LEGEND: Area Calculated Per BRC CHECKED: DRAWN: SCALE: DATE:01.24.2024 SHEET NOTES: 4725 Broadway OWNER: 4725 LLC 4949 Broadway Suite 105 Boulder, Colorado 80304 ARCHITECT: Independent Architecture 2017 Larimer Street Denver, Colorado 80205 TEL 303-433-5303 NOT FOR CONSTRUCTION SUBMISSIONS AND REVISIONS: Date Rev. # Description KEY PLAN: 07.11.2022 Use Review Submission 12.14.2023 Use Review Submission 01.24.2024 Use Review Submission A6.03 Unit Type 2A Area Diagram 1/4" = 1'-0 DS PA 1 Unit Type 2A - 1st Floor Plan 1/4"=1'-0" 1. All dimensions shall be verified in field prior to construction. 2. Refer to Building Floor Plans for overall building dimensions. 2 Unit Type 2A - 2nd Floor Plan 1/4"=1'-0" 3 Unit Type 2A - 3rd Floor Plan 1/4"=1'-0" N 0' 1'5'10'20' N 0' 1'5'10'20' N 0' 1'5'10'20' Attachment C - Approved Plans Item 3B - 4725 Broadway Call Up Page 15 of 38 unit 2b B A 22'-0"51'-6 1/2"## Dining Area 2-Car Garage Kitchen Coat Closet Pantry Powder Room fridge dw up Recessed Entry down down down to crawlspace below Patio garage parking not counted per Section 9-8-2, Table 8-2 floor area measured to the outside surface of exterior framing per BRC definition of "Floor area" the area of each shared wall is split between the two units that share the wall; area hatch goes to centerline of wall B A 22'-0"51'-6 1/2"## Living Area up down Primary Bedroom skylights above Primary Bath Primary Closet open to below open to below double height space not counted per BRC definition of "Floor area" floor area measured to the outside surface of exterior framing per BRC definition of "Floor area" the area of each shared wall is split between the two units that share the wall; area hatch goes to centerline of wall B A 22'-0"51'-6 1/2"## Shared Bath Laundry Bed 02 Closet Bed 01 Closet Linen down Bed 01 Bed 02 Terrace Corridor Terrace Storage floor area measured to the outside surface of exterior framing per BRC definition of "Floor area" stairway opening at the uppermost floor not counted per BRC definition of "Floor area" Terrace Storage has a ceiling height of less than 6'-0" and therefore is not counted per BRC definition of "Floor area" and "Uninhabitable space" the area of each shared wall is split between the two units that share the wall; area hatch goes to centerline of wall AREA BY UNIT TYPE Number of Units Unit Area per BRC Total Area per BRC Unit Type 1A 9 1,928 s.f.17,352 s.f. Unit Type 1B 1 1,947 s.f.1,947 s.f. Unit Type 2A 8 1,884 s.f.15,072 s.f. Unit Type 2B 1 1,908 s.f.1,908 s.f. Unit Type 3 1 3,304 s.f.3,304 s.f. Unit Type 4 1 2,004 s.f.2,004 s.f. Total 21 Units n/a 41,578 s.f. AREA DIAGRAM LEGEND: Area Calculated Per BRC CHECKED: DRAWN: SCALE: DATE:01.24.2024 SHEET NOTES: 4725 Broadway OWNER: 4725 LLC 4949 Broadway Suite 105 Boulder, Colorado 80304 ARCHITECT: Independent Architecture 2017 Larimer Street Denver, Colorado 80205 TEL 303-433-5303 NOT FOR CONSTRUCTION SUBMISSIONS AND REVISIONS: Date Rev. # Description KEY PLAN: 07.11.2022 Use Review Submission 12.14.2023 Use Review Submission 01.24.2024 Use Review Submission A6.04 Unit Type 2B Area Diagram 1/4" = 1'-0 DS PA 1 Unit Type 2B - 1st Floor Plan 1/4"=1'-0" 1. All dimensions shall be verified in field prior to construction. 2. Refer to Building Floor Plans for overall building dimensions. 2 Unit Type 2B - 2nd Floor Plan 1/4"=1'-0" 3 Unit Type 2B - 3rd Floor Plan 1/4"=1'-0" N 0' 1'5'10'20' N 0' 1'5'10'20' N 0' 1'5'10'20' Attachment C - Approved Plans Item 3B - 4725 Broadway Call Up Page 16 of 38 A 24'-0"105'-6 1/2" # # C 2-Car Garage fridge Living Area Dining Area Office Mud Room Courtyard Kitchen up Powder Room Pantry Elevator Storage Crawlspace Access ceiling above down down EntryGallery Corridor up dw a-frame wall at 6'-0" height ceiling above 2nd floor above 3rd floor above strip skylight above ceiling above a-frame wall at 6'-0" height garage parking not counted per Section 9-8-2, Table 8-2 floor area measured to the outside surface of exterior framing per BRC definition of "Floor area" a-frame space less than 6'-0" in height and therefore is not counted per BRC definition of "Floor area" and "Uninhabitable space" a-frame space less than 6'-0" in height and therefore is not counted per BRC definition of "Floor area" and "Uninhabitable space" the area of each shared wall is split between the two units that share the wall; area hatch goes to centerline of wall floor area measured to the outside surface of exterior framing per BRC definition of "Floor area" AREA BY UNIT TYPE Number of Units Unit Area per BRC Total Area per BRC Unit Type 1A 9 1,928 s.f.17,352 s.f. Unit Type 1B 1 1,947 s.f.1,947 s.f. Unit Type 2A 8 1,884 s.f.15,072 s.f. Unit Type 2B 1 1,908 s.f.1,908 s.f. Unit Type 3 1 3,304 s.f.3,304 s.f. Unit Type 4 1 2,004 s.f.2,004 s.f. Total 21 Units n/a 41,578 s.f. AREA DIAGRAM LEGEND: Area Calculated Per BRC CHECKED: DRAWN: SCALE: DATE:01.24.2024 SHEET NOTES: 4725 Broadway OWNER: 4725 LLC 4949 Broadway Suite 105 Boulder, Colorado 80304 ARCHITECT: Independent Architecture 2017 Larimer Street Denver, Colorado 80205 TEL 303-433-5303 NOT FOR CONSTRUCTION SUBMISSIONS AND REVISIONS: Date Rev. # Description KEY PLAN: 07.11.2022 Use Review Submission 12.14.2023 Use Review Submission 01.24.2024 Use Review Submission A6.05 Unit Type 3 Area Diagram 1/4" = 1'-0 DS PA 1. All dimensions shall be verified in field prior to construction. 2. Refer to Building Floor Plans for overall building dimensions. 1 Unit Type 3 - 1st Floor Plan 1/4"=1'-0"N0' 1'5'10'20' Attachment C - Approved Plans Item 3B - 4725 Broadway Call Up Page 17 of 38 A 24'-0"105'-6 1/2" # # C a-frame wall at 6'-0" height A-frame Bath A-frame Office a-frame wall at 6'-0" height Exterior Walkway Bed 01 Bed 02 Bath 01 updown Corridor Laundry Bath 02 A-frame Storage A-frame Terrace Elevator Corridor Bed 01 Closet Bed 02 Closet open to below open to below open to below down down Elevator double height space not counted per BRC definition of "Floor area" double height space not counted per BRC definition of "Floor area" floor area measured to the outside surface of exterior framing per BRC definition of "Floor area" a-frame space less than 6'-0" in height and therefore is not counted per BRC definition of "Floor area" and "Uninhabitable space" the area of each shared wall is split between the two units that share the wall; area hatch goes to centerline of wall floor area measured to the outside surface of exterior framing per BRC definition of "Floor area" secondary egress included in area calculations per BRC definition of "Floor area" stairway opening at the uppermost floor not counted per BRC definition of "Floor area" AREA BY UNIT TYPE Number of Units Unit Area per BRC Total Area per BRC Unit Type 1A 9 1,928 s.f.17,352 s.f. Unit Type 1B 1 1,947 s.f.1,947 s.f. Unit Type 2A 8 1,884 s.f.15,072 s.f. Unit Type 2B 1 1,908 s.f.1,908 s.f. Unit Type 3 1 3,304 s.f.3,304 s.f. Unit Type 4 1 2,004 s.f.2,004 s.f. Total 21 Units n/a 41,578 s.f. AREA DIAGRAM LEGEND: Area Calculated Per BRC CHECKED: DRAWN: SCALE: DATE:01.24.2024 SHEET NOTES: 4725 Broadway OWNER: 4725 LLC 4949 Broadway Suite 105 Boulder, Colorado 80304 ARCHITECT: Independent Architecture 2017 Larimer Street Denver, Colorado 80205 TEL 303-433-5303 NOT FOR CONSTRUCTION SUBMISSIONS AND REVISIONS: Date Rev. # Description KEY PLAN: 07.11.2022 Use Review Submission 12.14.2023 Use Review Submission 01.24.2024 Use Review Submission A6.06 Unit Type 3 Area Diagram 1/4" = 1'-0 DS PA 1. All dimensions shall be verified in field prior to construction. 2. Refer to Building Floor Plans for overall building dimensions. 1 Unit Type 3 - 2nd Floor Plan 1/4"=1'-0"N0' 1'5'10'20' Attachment C - Approved Plans Item 3B - 4725 Broadway Call Up Page 18 of 38 A 24'-0"105'-6 1/2" # # C Primary Bath Primary Bed Primary Closet Reading Area down a-frame wall at 6'-0" height up a-frame wall at 6'-0" height Primary Terrace Primary Corridor Elevator double height space not counted per BRC definition of "Floor area" floor area measured to the outside surface of exterior framing per BRC definition of "Floor area" a-frame space less than 6'-0" in height and therefore is not counted per BRC definition of "Floor area" and "Uninhabitable space" stairway opening at the uppermost floor not counted per BRC definition of "Floor area" the area of each shared wall is split between the two units that share the wall; area hatch goes to centerline of wall AREA BY UNIT TYPE Number of Units Unit Area per BRC Total Area per BRC Unit Type 1A 9 1,928 s.f.17,352 s.f. Unit Type 1B 1 1,947 s.f.1,947 s.f. Unit Type 2A 8 1,884 s.f.15,072 s.f. Unit Type 2B 1 1,908 s.f.1,908 s.f. Unit Type 3 1 3,304 s.f.3,304 s.f. Unit Type 4 1 2,004 s.f.2,004 s.f. Total 21 Units n/a 41,578 s.f. AREA DIAGRAM LEGEND: Area Calculated Per BRC CHECKED: DRAWN: SCALE: DATE:01.24.2024 SHEET NOTES: 4725 Broadway OWNER: 4725 LLC 4949 Broadway Suite 105 Boulder, Colorado 80304 ARCHITECT: Independent Architecture 2017 Larimer Street Denver, Colorado 80205 TEL 303-433-5303 NOT FOR CONSTRUCTION SUBMISSIONS AND REVISIONS: Date Rev. # Description KEY PLAN: 07.11.2022 Use Review Submission 12.14.2023 Use Review Submission 01.24.2024 Use Review Submission A6.07 Unit Type 3 Area Diagram 1/4" = 1'-0 DS PA 1. All dimensions shall be verified in field prior to construction. 2. Refer to Building Floor Plans for overall building dimensions. 1 Unit Type 3 - 3rd Floor Plan 1/4"=1'-0"N0' 1'5'10'20' Attachment C - Approved Plans Item 3B - 4725 Broadway Call Up Page 19 of 38 AREA BY UNIT TYPE Number of Units Unit Area per BRC Total Area per BRC Unit Type 1A 9 1,928 s.f.17,352 s.f. Unit Type 1B 1 1,947 s.f.1,947 s.f. Unit Type 2A 8 1,884 s.f.15,072 s.f. Unit Type 2B 1 1,908 s.f.1,908 s.f. Unit Type 3 1 3,304 s.f.3,304 s.f. Unit Type 4 1 2,004 s.f.2,004 s.f. Total 21 Units n/a 41,578 s.f. B A 22'-0"51'-6 1/2"## 2-Car Garage Kitchen Coat Closet Pantry Powder Room fridge dw up Dining Area Recessed Entry down down down to crawlspace below Patio garage parking not counted per Section 9-8-2, Table 8-2 floor area measured to the outside surface of exterior framing per BRC definition of "Floor area" the area of each shared wall is split between the two units that share the wall; area hatch goes to centerline of wall B A 22'-0"51'-6 1/2"## open to below open to below Living Area Primary Bedroom Primary Bath Primary Closet Bed 01 Bath 01 down up double height space not counted per BRC definition of "Floor area" floor area measured to the outside surface of exterior framing per BRC definition of "Floor area" the area of each shared wall is split between the two units that share the wall; area hatch goes to centerline of wall AREA DIAGRAM LEGEND: Area Calculated Per BRC CHECKED: DRAWN: SCALE: DATE:01.24.2024 SHEET NOTES: 4725 Broadway OWNER: 4725 LLC 4949 Broadway Suite 105 Boulder, Colorado 80304 ARCHITECT: Independent Architecture 2017 Larimer Street Denver, Colorado 80205 TEL 303-433-5303 NOT FOR CONSTRUCTION SUBMISSIONS AND REVISIONS: Date Rev. # Description KEY PLAN: 07.11.2022 Use Review Submission 12.14.2023 Use Review Submission 01.24.2024 Use Review Submission A6.08 Unit Type 4 Area Diagram 1/4" = 1'-0 DS PA 1. All dimensions shall be verified in field prior to construction. 2. Refer to Building Floor Plans for overall building dimensions. 1 Unit Type 4 - 1st Floor Plan 1/4"=1'-0" 1 Unit Type 4 - 2nd Floor Plan 1/4"=1'-0" N 0' 1'5'10'20' N 0' 1'5'10'20' Attachment C - Approved Plans Item 3B - 4725 Broadway Call Up Page 20 of 38 B A 22'-0"51'-6 1/2"## open to below open to below down Bath 02 Bed 02 Closet Bed 02 Terrace Corridor 17'-0 3 / 8 "51' -4 1/2" D E # # a-frame wall at 6'-0" height a-frame wall at 6'-0" height a-frame wall at 6'-0" height a-frame wall at 6'-0" heightfloor area measured to the outside surface of exterior framing per BRC definition of "Floor area" stairway opening at the uppermost floor not counted per BRC definition of "Floor area" double height space not counted per BRC definition of "Floor area" a-frame space less than 6'-0" in height and therefore is not counted per BRC definition of "Floor area" and "Uninhabitable space" AREA BY UNIT TYPE Number of Units Unit Area per BRC Total Area per BRC Unit Type 1A 9 1,928 s.f.17,352 s.f. Unit Type 1B 1 1,947 s.f.1,947 s.f. Unit Type 2A 8 1,884 s.f.15,072 s.f. Unit Type 2B 1 1,908 s.f.1,908 s.f. Unit Type 3 1 3,304 s.f.3,304 s.f. Unit Type 4 1 2,004 s.f.2,004 s.f. Total 21 Units n/a 41,578 s.f. AREA DIAGRAM LEGEND: Area Calculated Per BRC CHECKED: DRAWN: SCALE: DATE:01.24.2024 SHEET NOTES: 4725 Broadway OWNER: 4725 LLC 4949 Broadway Suite 105 Boulder, Colorado 80304 ARCHITECT: Independent Architecture 2017 Larimer Street Denver, Colorado 80205 TEL 303-433-5303 NOT FOR CONSTRUCTION SUBMISSIONS AND REVISIONS: Date Rev. # Description KEY PLAN: 07.11.2022 Use Review Submission 12.14.2023 Use Review Submission 01.24.2024 Use Review Submission A6.09 Unit Type 4 Area Diagram 1/4" = 1'-0 DS PA 1 Unit Type 4 - 3rd Floor Plan 1/4"=1'-0" 1. All dimensions shall be verified in field prior to construction. 2. Refer to Building Floor Plans for overall building dimensions. N 0' 1'5'10'20' Attachment C - Approved Plans Item 3B - 4725 Broadway Call Up Page 21 of 38 24'-0"22'-0"22'-0"22'-0"22'-0"22'-0"22'-0"22'-0"22'-0"22'-0"22'-0" Max Height 140'-0" Adjacent Grade 104'-0" T/ Parapet East 141'-0" T/ Parapet West 138'-0" Max Height 140'-0" Low Point for Height 100'-0" (71.00) 123456789101112 1 1 4 3 22 9 15 1616 10 17 ELEVATION KEY NOTES: Stucco exterior wall finish Metal panel exterior wall/roof finish Fiberglass windows Fiberglass entry door Wood sliding patio door with glazing A-frame framing and glazing system; exact design and window pattern TBD Fiberglass door Wood door with glazing Aluminum overhead door Concrete steps and flatwork Metal mesh guardrail Metal mesh fence with gate Column Downlight Screen beyond will be the minimum height required to adequately screen rooftop mechanical equipment Maximum height line dashed for reference; parapet extends 12" beyond max height for drainage purposes, less than the 18" exception permitted per Section 9-7-7(5) of the Boulder Revised Code. Recessed entry with hidden lighting behind triangular edges; lighting will be shielded # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 24'-0"22'-0"22'-0"22'-0"22'-0"22'-0"22'-0"22'-0"22'-0"22'-0"22'-0" Max Height 140'-0" T/ Parapet East 141'-0" Max Height 140'-0" Low Point for Height 100'-0" (71.00) 1 2 3 4 5 6 7 8 9 10 11 12 1 3 9 11 7 8 5 12 6 11 1 Adjacent Grade 104'-0" T/ Parapet West 138'-0" 14 116 15 51'-6 1/2"54'-0" BA C 1 6 6 2 3 1 8 12 2 1 6 6 11 Max Height 140'-0" Adjacent Grade 104'-0" T/ Parapet East 141'-0"151716 51'-6 1/2" B A 1 10 3 11 Max Height 140'-0" Adjacent Grade 101'-0" T/ Parapet West 138'-0" 15 CHECKED: DRAWN: SCALE: DATE:12.14.2023 SHEET NOTES: 4725 Broadway OWNER: 4725 LLC 4949 Broadway Suite 105 Boulder, Colorado 80304 ARCHITECT: Independent Architecture 2017 Larimer Street Denver, Colorado 80205 TEL 303-433-5303 NOT FOR CONSTRUCTION SUBMISSIONS AND REVISIONS: Date Rev. # Description KEY PLAN: 07.11.2022 Use Review Submission 12.14.2023 Use Review Submission A2.01 Building 1 Elevations 3/32" = 1'-0 DS PA 1. All dimensions shall be verified in field prior to construction. 2. 100'-0" Low Point for Height elevation tags are equal to spot elevations 71.00 for Building 1 and 66.00 for Building 2 on the site plan. 1 Building 1 - North Elevation 3/32"=1'-0" 2 Building 1 - South Elevation 3/32"=1'-0" 4 Building 1 - West Elevation 3/32"=1'-0" 3 Building 1 - East Elevation 3/32"=1'-0" Attachment C - Approved Plans Item 3B - 4725 Broadway Call Up Page 22 of 38 22'-0"22'-0"22'-0"22'-0"22'-0"22'-0"22'-0"22'-0"22'-0"22'-0" 234567891011 1 1 4 9 3 2 6 11 121213 Max Height 140'-0" Adjacent Grade 104'-0" T/ Parapet East 141'-0" T/ Parapet West 139'-0" Max Height 140'-0" Low Point for Height 100'-0" (66.00) 10 15 1616 1 17 ELEVATION KEY NOTES: Stucco exterior wall finish Metal panel exterior wall/roof finish Fiberglass windows Fiberglass entry door Wood sliding patio door with glazing A-frame framing and glazing system; exact design and window pattern TBD Fiberglass door Wood door with glazing Aluminum overhead door Concrete steps and flatwork Metal mesh guardrail Metal mesh fence with gate Column Downlight Screen beyond will be the minimum height required to adequately screen rooftop mechanical equipment Maximum height line dashed for reference; parapet extends 12" beyond max height for drainage purposes, less than the 18" exception permitted per Section 9-7-7(5) of the Boulder Revised Code. Recessed entry with hidden lighting behind triangular edges; lighting will be shielded # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Max Height 140'-0" Low Point for Height 100'-0" (66.00) 22'-0"22'-0"22'-0"22'-0"22'-0"22'-0"22'-0"22'-0"22'-0"22'-0" 2 3 4 5 6 7 8 9 10 111 1 3 9 7 4 2 6 12121311 T/ Parapet East 139'-0" Max Height 140'-0" T/ Parapet East 141'-0" Adjacent Grade 104'-0" 5 14 15116 51'-6 1/2" BA 10 11 3 15 1 Max Height 140'-0" Adjacent Grade 104'-0" T/ Parapet East 141'-0" 51'-6 1/2" AB 1 10 3 11 2 6 13 Max Height 140'-0" Adjacent Grade 101'-0" T/ Parapet West 139'-0" 13131313 2 CHECKED: DRAWN: SCALE: DATE:12.14.2023 SHEET NOTES: 4725 Broadway OWNER: 4725 LLC 4949 Broadway Suite 105 Boulder, Colorado 80304 ARCHITECT: Independent Architecture 2017 Larimer Street Denver, Colorado 80205 TEL 303-433-5303 NOT FOR CONSTRUCTION SUBMISSIONS AND REVISIONS: Date Rev. # Description KEY PLAN: 07.11.2022 Use Review Submission 12.14.2023 Use Review Submission A2.02 Building 2 Elevations 3/32" = 1'-0 DS PA1 Building 2 - North Elevation 3/32"=1'-0" 2 Building 2 - South Elevation 3/32"=1'-0" 4 Building 2 - West Elevation 3/32"=1'-0" 3 Building 2 - East Elevation 3/32"=1'-0" 1. All dimensions shall be verified in field prior to construction. 2. 100'-0" Low Point for Height elevation tags are equal to spot elevations 71.00 for Building 1 and 66.00 for Building 2 on the site plan. Attachment C - Approved Plans Item 3B - 4725 Broadway Call Up Page 23 of 38 21 A B C 3 4 5 6 7 8 9 10 11 12 outside framing24'-0" 244'-5 1/2" outside framing 51'-6 1/2"22'-0"22'-0"22'-0"22'-0"22'-0"22'-0"22'-0"22'-0"22'-0"22'-0"54'-0"106'-0"51'-6 1/2"52'-0"outside framingapprox. area for screened rooftop mech. (typ.) approx. area for pv panels (typ.) CHECKED: DRAWN: SCALE: DATE:12.14.2023 SHEET NOTES: 4725 Broadway OWNER: 4725 LLC 4949 Broadway Suite 105 Boulder, Colorado 80304 ARCHITECT: Independent Architecture 2017 Larimer Street Denver, Colorado 80205 TEL 303-433-5303 NOT FOR CONSTRUCTION SUBMISSIONS AND REVISIONS: Date Rev. # Description KEY PLAN: 07.11.2022 Use Review Submission 12.14.2023 Use Review Submission A1.04 Building 1 Floor Plans 3/32" = 1'-0 DS PA1 Building 1 - Roof Plan 3/32"=1'-0" 1. Exterior dimensions are to center of framing unless otherwise noted. 2. Refer to Enlarged Floor Plans for typical unit plans. 3. Some site plan information included on First Floor Plans for site context. Attachment C - Approved Plans Item 3B - 4725 Broadway Call Up Page 24 of 38 A B 220'-5 1/2" outside framing 22'-0"22'-0"22'-0"22'-0"22'-0"22'-0"22'-0"22'-0"22'-0"22'-0"51'-6 1/2"52'-0"outside framing2 3 4 5 6 7 8 9 10 111 approx. area for screened rooftop mech. (typ.) approx. area for pv panels (typ.) CHECKED: DRAWN: SCALE: DATE:12.14.2023 SHEET NOTES: 4725 Broadway OWNER: 4725 LLC 4949 Broadway Suite 105 Boulder, Colorado 80304 ARCHITECT: Independent Architecture 2017 Larimer Street Denver, Colorado 80205 TEL 303-433-5303 NOT FOR CONSTRUCTION SUBMISSIONS AND REVISIONS: Date Rev. # Description KEY PLAN: 07.11.2022 Use Review Submission 12.14.2023 Use Review Submission A1.08 Building 2 Floor Plans 3/32" = 1'-0 DS PA1 Building 2 - Roof Plan 3/32"=1'-0" 1. Exterior dimensions are to center of framing unless otherwise noted. 2. Refer to Enlarged Floor Plans for typical unit plans. 3. Some site plan information included on First Floor Plans for site context. Attachment C - Approved Plans Item 3B - 4725 Broadway Call Up Page 25 of 38 From:Rocky Mountain Joe To:Blaine, Alison Subject:Re: 4725 Broadway - access from 10th to Broadway Date:Tuesday, March 28, 2023 4:17:59 PM Hi Alison, Thank you for getting back to me. I am so glad we caught this in time. There definitely needs to be some kind of pedestrian and bike access both ways: so the residents of 4725 Broadway have a safe and peaceful way to reach the Foothills Trail to the west, and the Multiuse path to the south, and the residents of Northbriar and Trail Crossing safe and peaceful way to reach the Skip stop and the north Broadway shops. In the 1995 Subcommunity Plan, the ‘Neighborhoods’ Section, calls for ‘no new cul de sacs’, as well as ‘an integrated network of streets, yielding more path options for motorists and users of alternate modes’ and ‘beautiful streets which are comfortable to pedestrians, bicyclists and motorists’. In the ‘Transportation’ section, one of the objectives is ‘Interconnect street network in new neighborhoods, both internal and with existing streets, so that traffic load on residential streets is equitable, car trips distances are minimized and walking and biking are encouraged.’ For the future residents of 4725, sealing off a connection to 10th, leaves them in a dreary cul de sac and a long stretch on Broadway and/or Lee Hill Drive to reach the dog park, Foothills Trail (north and south) and the future North Sky Trail as well as the multi-use trail network. (See my map attached.) For Northbriar and Trail Crossing residents, access through the 4725 Project provides a delightful and short way to reach the SKIP stop and the North Broadway shops, coffee places and restaurants. Please come up and walk these streets if you haven’t already. Imagine yourself as a 4725 Broadway resident wanting to take an evening walk, a short loop, with the puppy. Look at my map with the access to the west. Then see what you’re left with, when the access is not there. You will see what I mean. How can we make this happen? Regards, Joe Glynn Cell 303-257-6736 Attachment D - Neighbor Comments Item 3B - 4725 Broadway Call Up Page 26 of 38 On Mar 20, 2023, at 11:49 AM, Blaine, Alison <blainea@bouldercolorado.gov> wrote: Hi Joe, Thank you for reaching out and I am happy to provide more information. As proposed in the plans dated 7/11/2022, the driveway would not connect to 10th and instead dead-end at the western edge of the lot. Note that the North Boulder Subcommunity Plan indicates that Zamia will connect to 10th once constructed. As of now, there are no plans to construct a temporary multi-use path prior to the construction of Zamia. The dedication of the Zamia ROW is only for future development. I hope that helps and please let me know if you have any other questions. Best, Alison Blaine, AICP City Planner (pronouns: she/her/hers) O: 303-441-4410 blainea@bouldercolorado.gov From: Rocky Mountain Joe <joe@rockymountainjoe.com> Sent: Friday, March 17, 2023 8:27 AM To: Blaine, Alison <blainea@bouldercolorado.gov> Subject: 4725 Broadway - access from 10th to Broadway External Sender Dear Ms. Blaine, I live in North Briar just west of the 4725 Broadway project, and have questions about access to Broadway. My neighbors and I are interested in pedestrian and bike access to Broadway, especially to access the Skip stop and the north Broadway shops. We will have access though this project from 10th to Broadway per the current plan? Can a multi-use path be built on the Zamia ROW (until the time Zamia may be built with sidewalks)? Regards, Joe Glynn 4787 6th Street Cell 303 257 6737 Attachment D - Neighbor Comments Item 3B - 4725 Broadway Call Up Page 27 of 38 Attachment D - Neighbor Comments Item 3B - 4725 Broadway Call Up Page 28 of 38 Attachment D - Neighbor Comments Item 3B - 4725 Broadway Call Up Page 29 of 38 Attachment D - Neighbor Comments Item 3B - 4725 Broadway Call Up Page 30 of 38 Attachment D - Neighbor Comments Item 3B - 4725 Broadway Call Up Page 31 of 38 From:Eric Scace To:Blaine, Alison Cc:Schilling KD0VXE Jessica Subject:4725 Broadway Date:Wednesday, October 12, 2022 8:29:13 PM External Sender Hi Alison — Today I received a mail notice about a development review application for 4725 Broadway. I looked at the project review docs available on-line but they are only site plan docs: drainage, utilities, etc. Are there drawings available for the buildings that are intended to be constructed? From the site plan, it appears the applicant intends to connect their driveway into 10th Street. At present there is a fence line owned by the TrailCrossing at Lee Hill HOA. As the current board chairman of the HOA association, I can state that we have never been contacted about an additional driveway entrance nor about changes to the fence. The letter from Shabnam Bista for review TEC2021-00053 (dated 2021 Dec 22) includes in sections II (1) through (30 a discussion about impacts to planned street connections; e.g., for Zamia Ave from 10th St to Broadway, for an extension of Front Range Drive, and for “planned improvements to 10th St". Is there any information about how the corrective actions in this letter were resolved? From the site plan, it appeared that none of the right of way reservations have been incorporated into the plan. Thanks for any assistance you can provide in clarifying these points. Regards, — Eric Scace +1-617-712-1523 Attachment D - Neighbor Comments Item 3B - 4725 Broadway Call Up Page 32 of 38 Schematic Design 4725 Broadway December 2023 The included images, which present the project’s preliminary design, are provided as a supplement to the required materials for the current Use Review. Attachment E - Architectural Renderings Item 3B - 4725 Broadway Call Up Page 33 of 38 Attachment E - Architectural Renderings Item 3B - 4725 Broadway Call Up Page 34 of 38 Attachment E - Architectural Renderings Item 3B - 4725 Broadway Call Up Page 35 of 38 Attachment E - Architectural Renderings Item 3B - 4725 Broadway Call Up Page 36 of 38 Attachment E - Architectural Renderings Item 3B - 4725 Broadway Call Up Page 37 of 38 Attachment E - Architectural Renderings Item 3B - 4725 Broadway Call Up Page 38 of 38 CITY OF BOULDER PLANNING BOARD AGENDA ITEM MEETING DATE: Feb. 6, 2024 AGENDA TITLE Public hearing and consideration of a Site Review Amendment including a Height Modification request to allow for up to seven feet six inches of additional height with a pitched roof or alternatively, up to four feet of additional height with or without a pitched roof for each townhome building within the approved Shining Mountain Waldorf School development at 0 Violet Ave. (LUR2023-00050). Applicant: Erin Bagnall, Sopher Sparn Architects Owner: Shining Mountain Waldorf School REQUESTING DEPARTMENT / PRESENTERS Brad Mueller, Director Planning & Development Services Charles Ferro, Senior Planning Manager Chandler Van Schaack, Principal Planner OBJECTIVE Define the steps for Planning Board consideration of this request: 1. Planning Board hears applicant and staff presentations. 2. Hold quasi-judicial public hearing. 3. Planning Board action to approve, approve with conditions, or deny. SUMMARY Project Name: Shining Mountain Waldorf School Site Review Amendment Location: 0 Violet Ave. (Townhome Site) Size of Property: Approximately 1.4 acres (Total site size: Approx. 11.6 acres) Zoning: Residential – Low 2 (RL-2) Comprehensive Plan: Residential Low Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 1 of 48 EXECUTIVE SUMMARY The purpose of this item is for the Planning Board to review and take action on the Site Review Amendment application to amend the Shining Mountain Waldorf School development to allow for up to seven feet six inches of additional height with a pitched roof or alternatively, up to four feet of additional height with or without a pitched roof for each townhome building. The applicant cites interior livability, neighborhood compatibility and constraints to the buildings from the base flood elevation requirements as justification for the request. Because this item includes a request for a height modification, Planning Board approval of the Site Review Amendment application is required at a public hearing. The project scope is narrowly focused on the request for additional height for the townhome buildings, and otherwise does not change the architecture, floor area, density, or site layout from the previously approved plans (LUR2019-00068 & LUR2023-00021). No changes to the approved single-family homes south of Locust Ave. are proposed. Staff is recommending approval of the Site Review Amendment application finding the proposal consistent with relevant Boulder Valley Comprehensive Plan (BVCP) policies and the Site Review criteria as outlined in within this memorandum, subject to conditions of approval. The applicant’s proposed plans can be found in Attachment A. The full list of staff responses to the Site Review criteria for the approval recommendation by staff can be found in Attachment B. STAFF RECOMMENDATION Staff has found that the proposed project meets criteria of Section 9-2-14, B.R.C. 1981 and is recommending that Planning Board approve the application in the form of the following motion: Suggested Motion Language: Motion to approve Site Review application #LUR2023-00050, including a Height Modification request to allow for up to seven feet six inches of additional height with a pitched roof or alternatively, up to four feet of additional height with or without a pitched roof for each townhome building within the approved Shining Mountain Waldorf School development, adopting the staff memorandum as findings of fact, including the attached analysis of review criteria, and subject to the recommended conditions of approval. Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 2 of 48 KEY ISSUE 1.Is the proposed project consistent with the Site Review Criteria of the Land Use Code section 9-2-14(h) including the Additional Criteria for Buildings Requiring Height Modification? PUBLIC FEEDBACK 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, and signs have been posted by the applicant. Staff received comments from five neighbors expressing concerns over the proposed project. These comments are included as Attachment C. BACKGROUND Shining Mountain Waldorf School has existed in the same location west of the 10th & Violet intersection since 1983 (See Figure 1 below for a Vicinity Map). Since it was founded, the school has expanded to provide a full Kindergarten through High School curriculum in the Waldorf tradition for the Boulder community. Meanwhile, the land holdings for the school have significantly increased over time, including 11+ acres adjacent to its original parcel. In August 2021, the school received approval of a site review for the phased consolidation and redevelopment of the school facilities and redevelopment of a portion of the property for future single family and townhome lots subject to design guidelines (LUR2019-00068) and a use review to update the management plan for the private school use within the Residential – Low 1 (RL-1) and Residential – Low 2 (RL-2) zoning districts (LUR2020-00068). The full staff memorandum to the Planning Board for the April 15, 2021 hearing item can be found HERE. Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 3 of 48 As a part of the recent site review, a phased development was approved, allowing construction of the high school building first and construction of the townhome and single-family homes lots as a part of a second phase. After site review approval, the school immediately began Technical Document Review and building permitting for Phase I. The new high school is currently under construction. It was determined that the potential buyer and developer of the residential phase of the site desired the ability to build the approved townhomes as fee simple residences on individual lots, rather than as condominiums on a single, common lot for reasons related to bank financing, maintenance, and marketing. At that time, the applicant also expressed a desire to remove phasing requirements for the single-family homes, which required construction of the homes “to be phased in blocks of four residential lots at a time, starting with the 1101 Union Ave. subdivision and moving east along Union before developing the Locust Ave. extension to Broadway, in conjunction with the subdivision of building sites.” A site review amendment was approved by staff in September 2023 to allow for subdivision of the approved “townhome lot” into 17 individual townhome lots and to amend phasing requirements for the single-family lots. The school has been working diligently to progress with Phase II, as it is necessary for funding the completion of the high school. Per the applicant’s written statement (included as Attachment A), “upon further development and design of the townhome lots, it has been determined that the height of the townhomes is unduly constrained by the 100-year base flood elevation requirements. Further, the applicant is interested in providing a sloped roof design that would provide more articulated roof lines that are more consistent with the surrounding residential neighborhoods and school architecture adjacent to the Shining Mountain Waldorf School Campus/ PUD (yellow) Townhomes Site Single Family Homes Site Figure 1: Vicinity Map High School Site Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 4 of 48 townhome site.” Therefore, the applicant is requesting additional height as allowable by BRC Section 9-2-14(b)(1)(E)(i): The height modification is to allow a roof that has a pitch of 2:12 or greater in a building with three or fewer stories and the proposed height does not exceed the maximum height permitted in the zoning district by more than ten feet. Boulder Valley Comprehensive Plan (BVCP) Land Use Designation: As shown in Figure 2 on the following page, the subject property is designated as “Low Density Residential” on the land use map of the BVCP. The description from the BVCP is shown below. Figure 2- BVCP land use designation on & around site. Townhome Site Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 5 of 48 Site 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. Under the current site review approval, the townhomes are subject to the 35-foot height limit for the RL-2 zone. Figure 3: Zoning Map Townhome Site Figure 4: Floodplain Map Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 6 of 48 Floodplain As shown in Figure 4 above, the majority of the site is located within the 100-year and 500-year floodplains, with the townhome site (following dedication of the Locust Ave. right-of-way) being completely within the 100-year floodplain. Pursuant to Section 9-3- 3(a)(17)(A), B.R.C. 1981, “Any person constructing a new residential structure shall elevate the lowest floor, including the basement, to or above the flood protection elevation.” In this case, the flood protection elevation is approximately five and a half feet above the low point within 25 feet of the buildings from which height is measured. PROJECT DESCRIPTION As described above, the purpose of the Site Review Amendment is to allow for up to seven feet six inches of additional height with a pitched roof or alternatively, up to four feet of additional height with or without a pitched roof for each townhome building within the approved Shining Mountain Waldorf School development. No other changes to the previously approved site or building plans are proposed. The applicant has not changed any of the architecture or materials below the third floor of the buildings. As outlined in the applicant’s written statement and proposed plans, they have provided two designs for the Planning Board’s consideration. The first alternative is considered the preferred design and adds pitched roofs to the townhomes and increases the height by seven feet six inches. According to the applicant, this option would reduce maintenance liability to homeowners, provide more useable floor to floor heights within the structures, and “would provide a more articulated roof line and respond more appropriately to the residential neighborhoods and school architecture adjacent to the townhome site.” The second, alternative design is intended to comply with Section 9-2-14(b)(1)(E)(iv), which allows for a height modification request “to allow up to the greater of two stories or the maximum number of stories permitted but no more than five feet above the maximum building height under Section 9-7-5(a) or 9-7-6, B.R.C. 1981, in a building where the height modification is necessary because the building has to be elevated to meet the required flood protection elevation.” While the overall increase in height would be less in this scenario (four feet as opposed to seven feet six inches), it would not allow for sloped roof forms and would therefore have a more massive appearance from street level, as the entire four feet of extra height would extend vertically as opposed to the sloped roofs, which would slope back commencing at 35 feet. Images of potential townhome designs at the approved 35 feet in height, at 42 feet 6 inches in height with the requested sloped roofs (preferred alternative) and at 39 feet in height with flat roofs (secondary alternative) are shown below respectively to illustrate the Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 7 of 48 difference in building height and massing from both a plan section view and from the pedestrian view. The applicant is asking that the Planning Board consider one of the two alternatives, i.e., the intent is to have the entire development be developed consistent with one of the two Alternative #2 - Flat roofs – 4’ Flood Height Increase Requested Alternative - Sloped roofs – 7’6” Height Increase Approved Building Height – 35’ Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 8 of 48 proposed options. Both alternatives would be considered consistent with the adopted design guidelines for the development. In the event that the Planning Board denies both options for additional height, the originally approved design, labeled “Approved Building Height” above will stand PROCESS A site review amendment is required because the proposal includes a request for a height modification. Site review amendments are subject to the Site Review criteria in Section 9-2-14, B.R.C. 1981. Per Section 9-2-14(g), B.R.C 1981, an application for any principal or accessory building above the permitted height for principal buildings set forth in Section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981 requires a staff recommendation and final decision by the Planning Board at a public hearing, subject to call-up by City Council. ANALYSIS / KEY ISSUES Approved Building Height Approved Building Height Sloped Roofs – 42’6” Flat roofs – 39’ Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 9 of 48 1.Is the proposed project consistent with the Site Review Criteria of the Land Use Code section 9-2-14(h) including the Additional Criteria for Buildings Requiring Height Modification? Staff finds that the requested height modification is, on balance, consistent with the goals and policies of the BVCP and consistent with the Site Review criteria found in Section 9-2-14(h), B.R.C. 1981. While altering the original intent of the approval to develop the residential portion of the site consistent with RL-2 height limitations, the proposed sloped roof design is compatible with the character of the surrounding area, avoids or minimizes blocking of prominent public views and contributes to a city skyline that has a variety of roof forms and heights. As shown in the images below, the proposed townhome designs maintain the existing architectural compatibility achieved by the approved design guidelines in terms of street-level form and materials along the Broadway corridor north of Violet (the first three images are of the “Violet Crossing” and “Uptown Broadway” developments on the east side of Broadway north of Violet), while the proposed addition of sloped roofs achieves greater compatibility with the single family residential character of the neighborhoods east of Broadway (images 4 & 5). Further, the proposed sloped roof design is more compatible with the adjacent school buildings, which incorporate a variety of roof forms including gabled roofs (shown below in images 6 & 7). The approved density, use and configuration of the site are consistent with the intent of the low- density residential land use designation in the BVCP as well as the underlying RL-2 zoning standards, and will remain as such following the proposed amendment. Refer to the full analysis of the Site Review criteria provided in Attachment B. Image 1: Violet Crossing (35’) Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 10 of 48 Image 4: Crestview West Residential Image 5: Crestview West Residential Image 3: Violet Crossing, Uptown Broadway (up to 48’) Image 2: Violet Crossing Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 11 of 48 RECOMMENDED CONDITIONS OF APPROVAL 1. The Applicant shall ensure that the development shall be in compliance with all plans prepared by the Applicant on December 1, 2023 and the Written Statement prepared by the Applicant on December 1, 2023, all 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: Image 6: Approved SMWS Building Elevations Image 7: Approved SMWS Building Elevations Image 5: Crestview West Residential Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 12 of 48 • The Development Agreement recorded at Reception No. 03908433 and the approvals listed in the Notice of Disposition attached to that Development Agreement; and • The Development Agreement recorded at Reception No. 04026236 and the approvals listed in the Notice of Disposition attached to that Development Agreement. 3. Prior to a building permit application, the Applicant shall submit, and obtain City Manager approval of, a Technical Document Review application for the following items: a. Final architectural plans, including material samples and colors, to ensure compliance with the intent of this approval, compatibility with the surrounding area, and compliance with the previously approved Locust Neighborhood Design Guidelines dated March 29, 2021 except to the extent the Guidelines are amended by this approval as it relates to maximum townhouse height and roof slopes. The architectural intent shown on the plans prepared by the Applicant on December 1, 2023 is acceptable. Planning staff will review plans to assure the architectural intent is performed. Townhouses may be constructed to a height of up to 39 feet, consistent with the approved Locust Neighborhood Design Guidelines, or may exceed a height of 39 feet to allow a roof that has a pitch of 2:12 or greater, but not to exceed 42 feet and 6 inches. By: Brad Mueller, Secretary to the Planning Board ATTACHMENTS Attachment A – Applicant’s Proposed Plans and Written Statement Attachment B – Staff’s Review Criteria Analysis Attachment C – Public Comments Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 13 of 48 BLDG 1 FFE 5520' -9" BLDG 1 MAX HT 5551' -0" FFE BLDG 2 5520' -0" BLDG 2 MAX HEIGHT 5550' -0" BLDG 2 LOW PT 5515' -0" LOW PT BLDG 1 5516' -0" AS-01 BR-01MP-01 CP-01 AS-01 MP-01 MP-01 BR-01 05 04 02 01 02 06 CP-01 06 MP-01 BLDG 2 2ND FLOOR 5530' -6" BLDG 2 3RD FLOOR 5540' -6" BLDG 1 2ND FLOOR 5531' -3" BLDG 1 3RD FLOOR 5541' -3"35' - 0" MAX BLDG HT.9' - 9"10' - 0"10' - 6"4' - 9"35' - 0" MAX BLDG HT.9' - 6"10' - 0"10' - 6"5' - 0"02 02 04 05 AS-01 MP-01 CP-01 MP-01 BR-01CP-01 MP-01 SEAL NOTICE: DUTY OF COOPERATION RELEASE OF THESE DOCUMENTS CONTEMPLATES FURTHER COOPERATION AMONG THE OWNER, HIS CONTRACTOR, AND THE ARCHITECT. DESIGN AND CONSTRUCTION ARE COMPLEX. ALTHOUGH THE ARCHITECT AND HIS CONSULTANTS HAVE PERFORMED THEIR SERVICES WITH DUE CARE AND DILIGENCE, THEY CANNOT GUARANTEE PERFECTION. COMMUNICATION IS IMPERFECT AND EVERY CONTINGENCY CANNOT BE ANTICIPATED. ANY ERRORS, OMISSIONS, OR DISCREPANCY DISCOVERED BY THE USE OF THESE DOCUMENTS SHALL BE REPORTED IMMEDIATELY TO THE ARCHITECT. FAILURE TO NOTIFY THE ARCHITECT COMPOUNDS MISUNDERSTANDING AND INCREASES CONSTRUCTION COSTS. A FAILURE TO COOPERATE BY SIMPLE NOTICE TO THE ARCHITECT SHALL RELIEVE THE ARCHITECT FROM RESPONSIBILITY FOR ALL CONSEQUENCES ARRIVING OUT OF SUCH CHANGES. THE DESIGNS AND PLANS ARE COPYRIGHT AND ARE NOT TO BE USED OR REPRODUCED WHOLLY OR IN PART WITHOUT THE WRITTEN PERMISSION OF SOPHER SPARN ARCHITECTS. THE DRAWINGS AND SPECIFICATIONS ARE INSTRUMENTS OF SERVICE AND SHALL REMAIN THE PROPERTY OF THE ARCHITECT WHETHER THE PROJECT FOR WHICH THEY ARE MADE IS EXECUTED OR NOT. COPYRIGHT SOPHER SPARN ARCHITECTS. DO NOT SCALE FROM DRAWING. VERIFY ALL DIMENSIONS ON SITE. JOB NO.11/29/2023 4:57:54 PMA2.00TSMWS TOWNHOMES23030 EXTERIOR ELEVATIONS4395 BROADWAY ST. BOULDER, COLORADO 803041/8" = 1'-0"1 EAST ELEVATION - BROADWAY 0'4'8'16'32' SCALE: 1/8" = 1'-0" NO. ISSUE DATE 1 TEC DOC 09/22/23 2 SPR AMENDMENT R01 12/01/23 EXTERIOR MATERIAL SCHEDULE MARK DESCRIPTION FINISH AS-01 ASPHALT SHINGLES CHARCOAL BR-01 BRICK BURGUNDY CP-01 FIBER CEMENT PANELS CEDAR MP-01 METAL PANEL CHARCOAL MTL-01 PAINTED FASCIA BLACK MTL-02 PAINTED METAL GARAGE DOORS CHARCOAL WN-01 RESIDENTIAL WINDOWS & DOORS CHARCOAL Keynote Legend Key Value Keynote Text 01 FULL LITE DOOR, LOW-E GLAZING 02 FIXED AND CASEMENT WINDOW, LOW-E GLAZING 04 PREFINISHED ALUMINUM GUTTER 05 PREFINISHED METAL PARAPET CAP 06 STEEL RAILING, PAINTED Attachment A - Applicant's Proposed Plans and Written Statement Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 14 of 48 FFE BLDG 2 5520' -0" BLDG 2 MAX HEIGHT 5550' -0" BLDG 3 FFE 5521' -11" BLDG 3 MAX HEIGHT 5552' -0" BLDG 3 LOW PT 5517' -0" BLDG 2 LOW PT 5515' -0" MP-01MTL-01 AS-01BR-01 MP-01 CP-01 MP-01MTL-01BR-01CP-01AS-01 AS-01 02 03 05 02 01 07 04 03 01 04 03 06 BLDG 2 2ND FLOOR 5530' -6" BLDG 2 3RD FLOOR 5540' -6" BLDG 3 2ND FLOOR 5532' -5" BLDG 3 3RD FLOOR 5542' -5"35' - 0" MAX BLDG HT.9' - 6"10' - 0"10' - 6"5' - 0"35' - 0" MAX BLDG HT.9' - 7"10' - 0"10' - 6"4' - 11"CP-01 MP-01 BR-01 MP-01 BR-01 MP-01 SEAL NOTICE: DUTY OF COOPERATION RELEASE OF THESE DOCUMENTS CONTEMPLATES FURTHER COOPERATION AMONG THE OWNER, HIS CONTRACTOR, AND THE ARCHITECT. DESIGN AND CONSTRUCTION ARE COMPLEX. ALTHOUGH THE ARCHITECT AND HIS CONSULTANTS HAVE PERFORMED THEIR SERVICES WITH DUE CARE AND DILIGENCE, THEY CANNOT GUARANTEE PERFECTION. COMMUNICATION IS IMPERFECT AND EVERY CONTINGENCY CANNOT BE ANTICIPATED. ANY ERRORS, OMISSIONS, OR DISCREPANCY DISCOVERED BY THE USE OF THESE DOCUMENTS SHALL BE REPORTED IMMEDIATELY TO THE ARCHITECT. FAILURE TO NOTIFY THE ARCHITECT COMPOUNDS MISUNDERSTANDING AND INCREASES CONSTRUCTION COSTS. A FAILURE TO COOPERATE BY SIMPLE NOTICE TO THE ARCHITECT SHALL RELIEVE THE ARCHITECT FROM RESPONSIBILITY FOR ALL CONSEQUENCES ARRIVING OUT OF SUCH CHANGES. THE DESIGNS AND PLANS ARE COPYRIGHT AND ARE NOT TO BE USED OR REPRODUCED WHOLLY OR IN PART WITHOUT THE WRITTEN PERMISSION OF SOPHER SPARN ARCHITECTS. THE DRAWINGS AND SPECIFICATIONS ARE INSTRUMENTS OF SERVICE AND SHALL REMAIN THE PROPERTY OF THE ARCHITECT WHETHER THE PROJECT FOR WHICH THEY ARE MADE IS EXECUTED OR NOT. COPYRIGHT SOPHER SPARN ARCHITECTS. DO NOT SCALE FROM DRAWING. VERIFY ALL DIMENSIONS ON SITE. JOB NO.11/29/2023 4:56:56 PMA2.01TSMWS TOWNHOMES23030 EXTERIOR ELEVATIONS4395 BROADWAY ST. BOULDER, COLORADO 803040'4'8'16'32' SCALE: 1/8" = 1'-0" NO. ISSUE DATE 1 TEC DOC 09/22/23 2 SPR AMENDMENT R01 12/01/23 1/8" = 1'-0"1 SOUTH ELEVATION - LOCUST Attachment A - Applicant's Proposed Plans and Written Statement Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 15 of 48 BLDG 1 FFE 5520' -9" BLDG 1 MAX HT 5551' -0" LOW PT BLDG 1 5516' -0" BLDG 4 LOW PT 5518' -9 1/4" BLDG 4 FFE 5524' -4" BLDG 4 2ND FLOOR 5534' -10" BLDG 4 3RD FLOOR 5544' -10" BR-01MP-01 CP-01MTL-01MP-01 06 02 04 05 02 02 03 04 BLDG 1 2ND FLOOR 5531' -3" BLDG 1 3RD FLOOR 5541' -3" BLDG 4 MAX HT 5553' -9 1/4"35' - 0" MAX BLDG HT.5' - 6 3/4"10' - 6"10' - 0"8' - 11 1/4"35' - 0" MAX BLDG HT.4' - 9"10' - 6"10' - 0"9' - 9"MP-01 CP-01AS-01 AS-01BR-01 MP-01 BR-01 CP-01 SEAL NOTICE: DUTY OF COOPERATION RELEASE OF THESE DOCUMENTS CONTEMPLATES FURTHER COOPERATION AMONG THE OWNER, HIS CONTRACTOR, AND THE ARCHITECT. DESIGN AND CONSTRUCTION ARE COMPLEX. ALTHOUGH THE ARCHITECT AND HIS CONSULTANTS HAVE PERFORMED THEIR SERVICES WITH DUE CARE AND DILIGENCE, THEY CANNOT GUARANTEE PERFECTION. COMMUNICATION IS IMPERFECT AND EVERY CONTINGENCY CANNOT BE ANTICIPATED. ANY ERRORS, OMISSIONS, OR DISCREPANCY DISCOVERED BY THE USE OF THESE DOCUMENTS SHALL BE REPORTED IMMEDIATELY TO THE ARCHITECT. FAILURE TO NOTIFY THE ARCHITECT COMPOUNDS MISUNDERSTANDING AND INCREASES CONSTRUCTION COSTS. A FAILURE TO COOPERATE BY SIMPLE NOTICE TO THE ARCHITECT SHALL RELIEVE THE ARCHITECT FROM RESPONSIBILITY FOR ALL CONSEQUENCES ARRIVING OUT OF SUCH CHANGES. THE DESIGNS AND PLANS ARE COPYRIGHT AND ARE NOT TO BE USED OR REPRODUCED WHOLLY OR IN PART WITHOUT THE WRITTEN PERMISSION OF SOPHER SPARN ARCHITECTS. THE DRAWINGS AND SPECIFICATIONS ARE INSTRUMENTS OF SERVICE AND SHALL REMAIN THE PROPERTY OF THE ARCHITECT WHETHER THE PROJECT FOR WHICH THEY ARE MADE IS EXECUTED OR NOT. COPYRIGHT SOPHER SPARN ARCHITECTS. DO NOT SCALE FROM DRAWING. VERIFY ALL DIMENSIONS ON SITE. JOB NO.11/29/2023 4:55:38 PMA2.02TSMWS TOWNHOMES23030 EXTERIOR ELEVATIONS4395 BROADWAY ST. BOULDER, COLORADO 803040'4'8'16'32' SCALE: 1/8" = 1'-0" NO. ISSUE DATE 1 TEC DOC 09/22/23 2 SPR AMENDMENT R01 12/01/23 1/8" = 1'-0"1 NORTH ELEVATION - VIOLET Attachment A - Applicant's Proposed Plans and Written Statement Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 16 of 48 SEAL NOTICE: DUTY OF COOPERATION RELEASE OF THESE DOCUMENTS CONTEMPLATES FURTHER COOPERATION AMONG THE OWNER, HIS CONTRACTOR, AND THE ARCHITECT. DESIGN AND CONSTRUCTION ARE COMPLEX. ALTHOUGH THE ARCHITECT AND HIS CONSULTANTS HAVE PERFORMED THEIR SERVICES WITH DUE CARE AND DILIGENCE, THEY CANNOT GUARANTEE PERFECTION. COMMUNICATION IS IMPERFECT AND EVERY CONTINGENCY CANNOT BE ANTICIPATED. ANY ERRORS, OMISSIONS, OR DISCREPANCY DISCOVERED BY THE USE OF THESE DOCUMENTS SHALL BE REPORTED IMMEDIATELY TO THE ARCHITECT. FAILURE TO NOTIFY THE ARCHITECT COMPOUNDS MISUNDERSTANDING AND INCREASES CONSTRUCTION COSTS. A FAILURE TO COOPERATE BY SIMPLE NOTICE TO THE ARCHITECT SHALL RELIEVE THE ARCHITECT FROM RESPONSIBILITY FOR ALL CONSEQUENCES ARRIVING OUT OF SUCH CHANGES. THE DESIGNS AND PLANS ARE COPYRIGHT AND ARE NOT TO BE USED OR REPRODUCED WHOLLY OR IN PART WITHOUT THE WRITTEN PERMISSION OF SOPHER SPARN ARCHITECTS. THE DRAWINGS AND SPECIFICATIONS ARE INSTRUMENTS OF SERVICE AND SHALL REMAIN THE PROPERTY OF THE ARCHITECT WHETHER THE PROJECT FOR WHICH THEY ARE MADE IS EXECUTED OR NOT. COPYRIGHT SOPHER SPARN ARCHITECTS. DO NOT SCALE FROM DRAWING. VERIFY ALL DIMENSIONS ON SITE. JOB NO.11/28/2023 5:09:29 PMA9.01TSMWS TOWNHOMES23030 3D VIEWS 4395 BROADWAY ST. BOULDER, COLORADO 80304NO. ISSUE DATE 1 TEC DOC 09/22/23 2 SPR AMENDMENT R01 12/01/23 VIEW 1 - CORNER OF BROADWAY & LOCUST AVENUE LOOKING WESTVIEW 2 - CORNER OF BROADWAY & VIOLET AVENUE LOOKING WEST VIEW 1 - CORNER OF BROADWAY & LOCUST AVENUE LOOKING WEST - SLOPEDVIEW 2 - CORNER OF BROADWAY & VIOLET AVENUE LOOKING SOUTHWEST SLOPED VIEW 1 - CORNER OF BROADWAY & LOCUST AVENUE LOOKING WEST - FLOOD HTVIEW 2 - CORNER OF BROADWAY & VIOLET AVENUE LOOKING WEST - FLOOD HT Attachment A - Applicant's Proposed Plans and Written Statement Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 17 of 48 SEAL NOTICE: DUTY OF COOPERATION RELEASE OF THESE DOCUMENTS CONTEMPLATES FURTHER COOPERATION AMONG THE OWNER, HIS CONTRACTOR, AND THE ARCHITECT. DESIGN AND CONSTRUCTION ARE COMPLEX. ALTHOUGH THE ARCHITECT AND HIS CONSULTANTS HAVE PERFORMED THEIR SERVICES WITH DUE CARE AND DILIGENCE, THEY CANNOT GUARANTEE PERFECTION. COMMUNICATION IS IMPERFECT AND EVERY CONTINGENCY CANNOT BE ANTICIPATED. ANY ERRORS, OMISSIONS, OR DISCREPANCY DISCOVERED BY THE USE OF THESE DOCUMENTS SHALL BE REPORTED IMMEDIATELY TO THE ARCHITECT. FAILURE TO NOTIFY THE ARCHITECT COMPOUNDS MISUNDERSTANDING AND INCREASES CONSTRUCTION COSTS. A FAILURE TO COOPERATE BY SIMPLE NOTICE TO THE ARCHITECT SHALL RELIEVE THE ARCHITECT FROM RESPONSIBILITY FOR ALL CONSEQUENCES ARRIVING OUT OF SUCH CHANGES. THE DESIGNS AND PLANS ARE COPYRIGHT AND ARE NOT TO BE USED OR REPRODUCED WHOLLY OR IN PART WITHOUT THE WRITTEN PERMISSION OF SOPHER SPARN ARCHITECTS. THE DRAWINGS AND SPECIFICATIONS ARE INSTRUMENTS OF SERVICE AND SHALL REMAIN THE PROPERTY OF THE ARCHITECT WHETHER THE PROJECT FOR WHICH THEY ARE MADE IS EXECUTED OR NOT. COPYRIGHT SOPHER SPARN ARCHITECTS. DO NOT SCALE FROM DRAWING. VERIFY ALL DIMENSIONS ON SITE. JOB NO.11/28/2023 5:08:11 PMA9.02TSMWS TOWNHOMES23030 3D VIEWS 4395 BROADWAY ST. BOULDER, COLORADO 80304NO. ISSUE DATE 1 TEC DOC 09/22/23 2 SPR AMENDMENT R01 12/01/23 VIEW 3 - ALONG LOCUST AVENUE LOOKING NORTHEASTVIEW 4 - ALONG VIOLET AVENUE LOOKING SOUTH VIEW 3 - ALONG LOCUST AVENUE LOOKING NORTHEAST - SLOPEDVIEW 4 - ALONG VIOLET AVENUE LOOKING SOUTH - SLOPED VIEW 3 - ALONG LOCUST AVENUE LOOKING NORTHEAST - FLOOD HTVIEW 4 - ALONG VIOLET AVENUE LOOKING SOUTH - FLOOD HT Attachment A - Applicant's Proposed Plans and Written Statement Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 18 of 48 R 2 5' - 0 " R 2 5' - 0 " R 2 5' - 0 " R 2 5' - 0 " LOWPOINT ELEVATION (LOT 16 & 17) = 5515' LOWPOINT ELEVATION (LOT 13 -15) = 5516' LOWPOINT ELEVATION (LOTS 1 -6) = 5518.6' LOWPOINT ELEVATION (LOT 7 -12) = 5517'BROADWAYI J A C D E G LOT 13 LOT 7 LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 8 LOT 9 LOT 10 LOT 11 LOT 12 LOT 14 LOT 15 LOT 16 LOT 17 B F H VIOLET LOCUST 5518.92 5519.00 5522.06 5519.88 5519.00 5517.06 5516.00 5515.00 5517.00 5519.02 5518.60 SEAL NOTICE: DUTY OF COOPERATION RELEASE OF THESE DOCUMENTS CONTEMPLATES FURTHER COOPERATION AMONG THE OWNER, HIS CONTRACTOR, AND THE ARCHITECT. DESIGN AND CONSTRUCTION ARE COMPLEX. ALTHOUGH THE ARCHITECT AND HIS CONSULTANTS HAVE PERFORMED THEIR SERVICES WITH DUE CARE AND DILIGENCE, THEY CANNOT GUARANTEE PERFECTION. COMMUNICATION IS IMPERFECT AND EVERY CONTINGENCY CANNOT BE ANTICIPATED. ANY ERRORS, OMISSIONS, OR DISCREPANCY DISCOVERED BY THE USE OF THESE DOCUMENTS SHALL BE REPORTED IMMEDIATELY TO THE ARCHITECT. FAILURE TO NOTIFY THE ARCHITECT COMPOUNDS MISUNDERSTANDING AND INCREASES CONSTRUCTION COSTS. A FAILURE TO COOPERATE BY SIMPLE NOTICE TO THE ARCHITECT SHALL RELIEVE THE ARCHITECT FROM RESPONSIBILITY FOR ALL CONSEQUENCES ARRIVING OUT OF SUCH CHANGES. THE DESIGNS AND PLANS ARE COPYRIGHT AND ARE NOT TO BE USED OR REPRODUCED WHOLLY OR IN PART WITHOUT THE WRITTEN PERMISSION OF SOPHER SPARN ARCHITECTS. THE DRAWINGS AND SPECIFICATIONS ARE INSTRUMENTS OF SERVICE AND SHALL REMAIN THE PROPERTY OF THE ARCHITECT WHETHER THE PROJECT FOR WHICH THEY ARE MADE IS EXECUTED OR NOT. COPYRIGHT SOPHER SPARN ARCHITECTS. DO NOT SCALE FROM DRAWING. VERIFY ALL DIMENSIONS ON SITE. JOB NO.11/29/2023 2:40:12 PMG0.30TSMWS TOWNHOMES23030 SOLAR SHADING PLAN4395 BROADWAY ST. BOULDER, COLORADO 803041/16" = 1'-0"1 SOLAR ANALYSIS PLAN 0'8'16'32'64' SCALE: 1/16" = 1'-0" NO. ISSUE DATE 1 TEC DOC 09/22/23 2 SPR AMENDMENT R01 12/01/23 02 - 0.00 - SOLAR SHADING ANALYSIS TABLE wttw MAIN FLOOR ELEVATION PROPERTY ZONE DISTRICT SOLAR FENCE HEIGHT HEIGHT ABOVE MAIN FLOOR ELEVATION OF ROOF ELEMENT (y) ELEVATION OF GRADE AT PROPERTY LINE (x) RELATIVE HEIGHT OF ROOF ELEMENT (h) LENGTH OF SHADOW (L) 10AM 2PM 10AM 2PM 10AM 2PM A 5524.3 RL2 25 31.0 5555.3 5522.1 5522.4 33.3 32.9 21.9 20.9 B 5524.3 RL2 25 31.0 5555.3 5521.9 5521.3 33.4 34.0 22.2 23.8 C 5524.3 RL2 25 31.0 5555.3 5521.3 5520.6 34.0 34.7 23.9 25.7 D 5524.3 RL2 25 31.0 5555.3 5519.9 5519.0 35.4 36.3 27.6 30.0 E 5520.8 RL2 25 31.5 5552.3 5519.0 5518.9 33.3 33.4 22.0 22.2 F 5520.8 RL2 25 31.5 5552.3 5517.1 35.2 27.1 G 5520.0 RL2 25 31.5 5551.5 5516.0 35.5 27.9 H 5520.0 RL2 25 21.2 5541.2 5515.9 25.3 0.8 I 5521.9 RL2 25 13.0 5534.9 5518.6 16.3 -23.1 J 5521.9 RL2 25 31.6 5553.5 5519.1 34.4 24.9 NOTE: NEGATIVE SHADOW LENGTHS INDICATE ROOF ELEMENTS WHERE THE RELATIVE HEIGHT IS LESS THAN THE SOLAR FENCE HEIGHT. Attachment A - Applicant's Proposed Plans and Written Statement Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 19 of 48 R 2 5' - 0 " R 2 5' - 0 " R 2 5' - 0 " R 2 5' - 0 " LOWPOINT ELEVATION (LOT 16 -17) = 5515' LOWPOINT ELEVATION (LOT 13 -15) = 5516' LOWPOINT ELEVATION (LOTS 1 -6) = 5518.6' LOWPOINT ELEVATION (LOT 7 -12) = 5517'BROADWAYLOT 13 LOT 7 LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 8 LOT 9 LOT 10 LOT 11 LOT 12 LOT 14 LOT 15 LOT 16 LOT 17 I J A C D E G B F H 5522.06 5522.41 5521.95 5521.32 5520.63 5519.89 5519.03 5518.92 5519.00 5517.07 5516.00 5516.00 5518.64 5519.01 BROADWAYVIOLET LOCUST 5517.00 5515.00 5516.00 5518.60 SEAL NOTICE: DUTY OF COOPERATION RELEASE OF THESE DOCUMENTS CONTEMPLATES FURTHER COOPERATION AMONG THE OWNER, HIS CONTRACTOR, AND THE ARCHITECT. DESIGN AND CONSTRUCTION ARE COMPLEX. ALTHOUGH THE ARCHITECT AND HIS CONSULTANTS HAVE PERFORMED THEIR SERVICES WITH DUE CARE AND DILIGENCE, THEY CANNOT GUARANTEE PERFECTION. COMMUNICATION IS IMPERFECT AND EVERY CONTINGENCY CANNOT BE ANTICIPATED. ANY ERRORS, OMISSIONS, OR DISCREPANCY DISCOVERED BY THE USE OF THESE DOCUMENTS SHALL BE REPORTED IMMEDIATELY TO THE ARCHITECT. FAILURE TO NOTIFY THE ARCHITECT COMPOUNDS MISUNDERSTANDING AND INCREASES CONSTRUCTION COSTS. A FAILURE TO COOPERATE BY SIMPLE NOTICE TO THE ARCHITECT SHALL RELIEVE THE ARCHITECT FROM RESPONSIBILITY FOR ALL CONSEQUENCES ARRIVING OUT OF SUCH CHANGES. THE DESIGNS AND PLANS ARE COPYRIGHT AND ARE NOT TO BE USED OR REPRODUCED WHOLLY OR IN PART WITHOUT THE WRITTEN PERMISSION OF SOPHER SPARN ARCHITECTS. THE DRAWINGS AND SPECIFICATIONS ARE INSTRUMENTS OF SERVICE AND SHALL REMAIN THE PROPERTY OF THE ARCHITECT WHETHER THE PROJECT FOR WHICH THEY ARE MADE IS EXECUTED OR NOT. COPYRIGHT SOPHER SPARN ARCHITECTS. DO NOT SCALE FROM DRAWING. VERIFY ALL DIMENSIONS ON SITE. JOB NO.11/29/2023 3:44:22 PMG0.30TSMWS TOWNHOMES23030 SOLAR SHADING PLAN4395 BROADWAY ST. BOULDER, COLORADO 803041/16" = 1'-0"1 SOLAR ANALYSIS PLAN - FLOOD HEIGHT 0'8'16'32'64' SCALE: 1/16" = 1'-0" NO. ISSUE DATE 1 TEC DOC 09/22/23 2 SPR AMENDMENT R01 12/01/23 02 - 0.00 - SOLAR SHADING ANALYSIS TABLE ROOF ELEMENT MAIN FLOOR ELEVATION PROPERTY ZONE DISTRICT SOLAR FENCE HEIGHT HEIGHT ABOVE MAIN FLOOR ELEVATION OF ROOF ELEMENT (y) ELEVATION OF GRADE AT PROPERTY LINE (x) RELATIVE HEIGHT OF ROOF ELEMENT (h) LENGTH OF SHADOW (L) 10AM 2PM 10AM 2PM 10AM 2PM A 5524.3 RL2 25 33.5 5557.8 5522.1 5522.4 35.8 35.4 28.5 27.6 B 5524.3 RL2 25 33.5 5557.8 5522.0 5521.3 35.9 36.5 28.8 30.4 C 5524.3 RL2 25 33.5 5557.8 5521.0 5520.6 36.8 37.2 31.3 32.3 D 5524.3 RL2 25 33.5 5557.8 5519.9 5519.0 37.9 38.8 34.2 36.5 E 5520.8 RL2 25 34.0 5554.8 5519.0 5518.9 35.8 35.9 28.6 28.8 F 5520.8 RL2 25 34.0 5554.8 5517.1 37.7 33.7 G 5520.0 RL2 25 34.0 5554.0 5516.0 38.0 34.6 H 5520.0 RL2 25 34.0 5554.0 5516.0 38.0 34.5 I 5521.9 RL2 25 25.0 5546.9 5518.6 28.3 8.7 J 5521.9 RL2 25 34.1 5556.0 5519.0 37.0 31.7 NOTE: NEGATIVE SHADOW LENGTHS INDICATE ROOF ELEMENTS WHERE THE RELATIVE HEIGHT IS LESS THAN THE SOLAR FENCE HEIGHT. Attachment A - Applicant's Proposed Plans and Written Statement Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 20 of 48 BROADWAYB C D E F G H I A PROPERTY LINE PROPERTY LINER 2 5' - 0 " 5518.69' LOWPOINT ELEVATION (LOT 16 & 17) = 5515'R 25' - 0" R 2 5' - 0 " R 2 5' - 0 " LOWPOINT ELEVATION (LOT 13-15) = 5516' LOWPOINT ELEVATION (LOT 7-12) = 5517' LOWPOINT ELEVATION (LOT 1-6) = 5518.6' VIOLET LOCUST LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 13 LOT 14 LOT 15 LOT 17 LOT 16 LOT 7 LOT 8 LOT 9 LOT 10 LOT 11 LOT 12 5522.77'5522.24' 5522.06' 5521.17' 5520.00' 5519.00' 5519.00' 5518.00' 5517.50' 5519.31' 5518.60' 5516.00' 5515.00' 5517.00' 5516.00' 1/16" = 1'-0"1 SOLAR ANALYSIS PLAN - SLOPED ROOFS 02 - 0.00 - SOLAR SHADING ANALYSIS TABLE wt MAIN FLOOR ELEVATION PROPERTY ZONE DISTRICT SOLAR FENCE HEIGHT HEIGHT ABOVE MAIN FLOOR ELEVATION OF ROOF ELEMENT (y) ELEVATION OF GRADE AT PROPERTY LINE (x) RELATIVE HEIGHT OF ROOF ELEMENT (h) LENGTH OF SHADOW (L) 10AM 2PM 10AM 2PM 10AM 2PM A 5524.3 RL2 25 35.7 5560.0 5522.8 5522.2 37.2 37.7 32.4 33.8 B 5524.3 RL2 25 36.4 5560.8 5522.1 5521.2 38.7 39.6 36.3 38.7 C 5524.3 RL2 25 35.7 5560.0 5520.0 5519.5 40.0 40.5 39.7 41.1 D 5520.8 RL2 25 36.9 5557.7 5519.0 5519.0 38.7 38.7 36.4 36.4 E 5520.8 RL2 25 36.9 5557.7 0.0 5518.0 5557.7 39.7 14665.2 39.0 F 5520.0 RL2 25 37.0 5557.0 0.0 5516.0 5557.0 41.0 14663.2 42.4 G 5520.0 RL2 25 37.0 5557.0 0.0 5517.5 5557.0 39.5 14663.2 38.4 H 5521.9 RL2 25 24.0 5545.9 5518.7 27.2 5.9 I 5521.9 RL2 25 35.4 5557.3 5519.3 38.0 34.4 NOTE: NEGATIVE SHADOW LENGTHS INDICATE ROOF ELEMENTS WHERE THE RELATIVE HEIGHT IS LESS THAN THE SOLAR FENCE HEIGHT. SEAL NOTICE: DUTY OF COOPERATION RELEASE OF THESE DOCUMENTS CONTEMPLATES FURTHER COOPERATION AMONG THE OWNER, HIS CONTRACTOR, AND THE ARCHITECT. DESIGN AND CONSTRUCTION ARE COMPLEX. ALTHOUGH THE ARCHITECT AND HIS CONSULTANTS HAVE PERFORMED THEIR SERVICES WITH DUE CARE AND DILIGENCE, THEY CANNOT GUARANTEE PERFECTION. COMMUNICATION IS IMPERFECT AND EVERY CONTINGENCY CANNOT BE ANTICIPATED. ANY ERRORS, OMISSIONS, OR DISCREPANCY DISCOVERED BY THE USE OF THESE DOCUMENTS SHALL BE REPORTED IMMEDIATELY TO THE ARCHITECT. FAILURE TO NOTIFY THE ARCHITECT COMPOUNDS MISUNDERSTANDING AND INCREASES CONSTRUCTION COSTS. A FAILURE TO COOPERATE BY SIMPLE NOTICE TO THE ARCHITECT SHALL RELIEVE THE ARCHITECT FROM RESPONSIBILITY FOR ALL CONSEQUENCES ARRIVING OUT OF SUCH CHANGES. THE DESIGNS AND PLANS ARE COPYRIGHT AND ARE NOT TO BE USED OR REPRODUCED WHOLLY OR IN PART WITHOUT THE WRITTEN PERMISSION OF SOPHER SPARN ARCHITECTS. THE DRAWINGS AND SPECIFICATIONS ARE INSTRUMENTS OF SERVICE AND SHALL REMAIN THE PROPERTY OF THE ARCHITECT WHETHER THE PROJECT FOR WHICH THEY ARE MADE IS EXECUTED OR NOT. COPYRIGHT SOPHER SPARN ARCHITECTS. DO NOT SCALE FROM DRAWING. VERIFY ALL DIMENSIONS ON SITE. JOB NO.11/29/2023 10:27:50 AMG 0.30TSMWS TOWNHOMES23030 SOLAR SHADING PLAN4395 BROADWAY ST. BOULDER, COLORADO 803040'8'16'32'64' SCALE: 1/16" = 1'-0" NO. ISSUE DATE 1 SITE REVIEW AMENDMENT 10/13/23 2 SPR AMENDMENT R01 12/01/23 Attachment A - Applicant's Proposed Plans and Written Statement Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 21 of 48 Sopher Sparn Architects LLC | 2505 Walnut Street, Suite 200 | Boulder, Colorado 80302 | 303.442.4422 MEMORANDUM To: Charles Ferro, Land Use Review Manager - CITY OF BOULDER Chandler Van Schaack, Case Manager - CITY OF BOULDER From: Erin Bagnall - SOPHER SPARN ARCHITECTS LLC Project: SHINING MOUNTAIN WALDORF SCHOOL – 999 Violet Avenue Date: 13 October 2023 RV_01 December 2023 Re: SUPPLEMENTAL INFORMATION FOR SITE PLAN REVIEW AMENDMENT WRITTEN STATEMENT Pre-Existing Land Use Approvals LUR2019-00068 – Site Review for the phased consolidation and redevelopment of the school facilities and redevelopment of a portion of the property for future single family and townhome lots subject to design guidelines. Approved August, 2021 LUR2023-00021 - Amendment to the Shining Mountain Waldorf School Phase II Site Plan and Locust Neighborhood Design Guidelines to allow for subdivision of the approved “Townhome Lot” into 17 individual townhome lots and to modify the phasing plan to remove phasing requirements for the single-family lots. Approved September, 2023 Proposed Site Review Amendment -- Project Intent During the site review, the master plan was approved as a phased development, allowing the school to construct the high school building first, decommission the existing church on Union being used for the current high school, and then proceed into the residential Phase II (construction of the townhome and single-family homes lots). After Site Review approval, the school immediately began technical documents and permitting for Phase I. After much delay in the city process, the high school is currently under construction. (Estimated Completion February 2024) The school has been working diligently to progress with Phase II, as it is necessary for funding the completion of the high school construction. During initial conversations with city staff to kick off Phase II, it was determined that there are discrepancies in the original approval language that are obstructing the schools desire to subdivide the townhomes into individual lots (much like the single family) The recent site site review amendment (LUR2023- 00021) cleared up discrepancies to allow the school to proceed as necessary (and required) with their construction of individual lots for the townhomes. Upon further development and design of the townhome lots, it has been determined that the height of the townhomes is unduly constrained by the 100 year base flood elevation requirements. Further, the applicant is interested in providing a sloped roof design that would provide more articulated roof line and respond more appropriately to the residential neighborhoods and school architecture adjacent to the townhome site. Therefore, the applicant would like to request additional height as allowable by BRC Section 9-2-14(b)(1)(E)(i) The height modification is to allow a roof that has a pitch of 2:12 or greater in a building with three or fewer stories and the proposed height does not exceed the maximum height permitted in the zoning district by more than ten feet. We are requesting staff and Planning Board review and respond to our request for following: 1. Approve up to an additional 7’-6” of height for each townhome building, allowing for pitched roof design on the third level, an architectural concept in keeping with the residential look of the surrounding neighborhood and SMWS campus. The sloped roof design will provide a more creative and less boxy building design. As measured, changing the height of the pitched roof scenario results in a 7’ to 7’-6” maximum additional height request. This is a result of the topmost point of the ridgeline of the roof being the point of measurement when the total increase in roof form height is much less to the human eye. For this reason, height exceptions for height with sloped roofs are allowed with Planning Board Review and approval. As you can see below, the building design within the required height limit is changed more dramatically when viewed two dimensionally on the page. Attachment A - Applicant's Proposed Plans and Written Statement Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 22 of 48 12/01/2023 LUR2023-00050 Page 2 of 7 Building Design within the required Height Limit Building Design with Additional Height for Sloped Roof However, when taken at a pedestrian scale from a three-dimensional view, the requested changes to the roof line become insubstantial to the view and provide a useful benefit to the homeowner. Providing a sloped roof will maintain a connection to the neighborhood, allow for a more articulated building form, and give the owner an easier maintenance liability in the future. 2. In the event the board feels an additional 7’-6” of height for each townhome is not supportable, we ask that staff consider allowing for a consolation approval of up to 4’. This request is based on BRC Section 9-2- 14(b)(1)(E)(iv) - The height modification is to allow up to the greater of two stories or the maximum number of stories permitted but no more than five feet above the maximum building height under Section 9-7-5(a) or 9- Attachment A - Applicant's Proposed Plans and Written Statement Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 23 of 48 12/01/2023 LUR2023-00050 Page 3 of 7 7-6, B.R.C. 1981, in a building where the height modification is necessary because the building has to be elevated to meet the required flood protection elevation. As mentioned, the underlying reason for this height request stems from the constraints to the buildings from the base flood elevation requirements. Placing the building’s finish floor at flood protection elevation automatically puts the structure at a 5’ deficit to allowable height. In a three-story townhome this can drastically affect the functionality and ability to route structure and mechanical within a reasonable floor to floor ht. With the current height limit we will be severely constrained in the floor-to-floor height, and providing this height exemption will allow for a more realistic and standard sectional dimension, while providing minimal difference to the building design by the naked eye. As measured, changing the height to accommodate the desired floor to floor heights without changing the roof slope will results in a 2’-6” to 4’ maximum additional height request. Once more, this request will result in minimal change to the building design, and allow the applicant proper flexibility in the building design constrained by flood elevations. Seen below, the change from the required height design and the requested becomes even more insubstantial in two dimensions. Building Design within the required Height Limit Attachment A - Applicant's Proposed Plans and Written Statement Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 24 of 48 12/01/2023 LUR2023-00050 Page 4 of 7 Building Design with Minimal Additional Height for flood protection elevation In addition, when taken at a pedestrian scale from a three-dimensional view, the requested changes are not discernable. BRC 9-2-14 compliance · Building Siting and Design Criteria – The Shining Mountain Townhomes are designed to be consistent with the existing neighborhood, and further, to act as a complementary transition between the MUB land use of the North Boulder Area subcommunity area to the north, the low-density residential areas directly east, the future new low density residential single-family construction to the south, and the new school construction to the west. The site design relates directly to the public realm on all street facing frontages, with front porches addressing the street, quality materials, and design that promotes a vibrant pedestrian experience. The pedestrian and right of way improvements along Broadway will help to realize the long-term vision of the North Boulder Subcommunity Action Plan and advance the community towards the future vision. The applicant believes the height request for sloped roofs in this neighborhood better reflects the single family home aesthetic in of the neighborhood, and believes that despite the seemingly large request (7’- 6”) the building benefits from a shaped roof line and allows for a more modern classic design with minimal impact to the perceived height. The sloped roof design contributes to a city skyline with a variety of roof forms and heights. Newly develped areas of the city have resulted in flat roof boxy forms because of the strict height allowances. In 2019 the Planning Board and City Council amended the code to allow for applicants to request height variances with sloped roof forms in the hopes it would provide variety and interest. The applicant believes this request to be in keeping with this vision. Attachment A - Applicant's Proposed Plans and Written Statement Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 25 of 48 12/01/2023 LUR2023-00050 Page 5 of 7 · Additional Criteria for Buildings Requiring Height Modifications – As mentioned above, the building form and massing is appropriate for the existing and future vision for the North Boulder Subcommunity area. The form and massing are of appropriate scale to the pedestrian realm and will increase the quality of infrastructure and architecture along the public right of way. In addition:  No building exceeds 200’ in length  No Building exceeds 120’ in length, but nonetheless provides façade recessions and projections, front porches and entrances every 20’, and varied roof forms. The requested amendment to the approved Shining Mountain Waldorf Master plan is determined necessary for the viability of design for the townhomes. Constrained height as a result of determined base flood elevations limits the townhome buildings. Further, the desire to provide sloped roof area on the buildings for design aesthetic are the determining factors with this request. The original intent of the approval will remain, the school will continue development a new and improved campus for their aging and flood affected property, and the City of Boulder will gain 37 units of housing in a residential zone. We are hopeful this amendment will be understood as a further design development for the approved townhome site, as we believe it to be. Approved Access, Internal Circulation and Proposed Shared Connections There are no changes to access, internal circulation and proposed shared connections with this amendment. Approved Access, Internal Circulation and Proposed Shared Connections There are no changes to parking with this amendment. Approved School Design Character There are no changes to the approved school design with this amendment. Approved Schematic Residential Areas There are no changes to the approved residential design with this amendment, beyond the height request for sloped roof on the townhomes. Attachment A - Applicant's Proposed Plans and Written Statement Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 26 of 48 12/01/2023 LUR2023-00050 Page 6 of 7 Approved Solar Siting and Construction There are no changes to the approved site design with this amendment. Approved Project Phasing – There are no changes to the approved phasing with this amendment. Boulder Valley Comprehensive Plan Criteria Compliance The project specifically meets the following criteria and complies generally with the requirements of the BVCP: 2.27 Preservation of Historic & Cultural Resources The city and county will identify, evaluate and protect buildings, structures, objects, districts, sites and natural features of historic, architectural, archaeological or cultural significance with input from the community. The city and county will seek protection of significant historic and cultural resources through local designation when a proposal by the private sector is subject to discretionary development review. Shining Mountain Waldorf School is a cultural resource in the City of Boulder, and clearly benefits the community in countless ways. This is a case where the cultural resource itself is applying for discretionary development review. ‘Protection’ in this case, would be in support of the overall intent of the school to remain a vital part of the community through redevelopment. 2.33 Sensitive Infill & Redevelopment With little vacant land remaining in the city, most new development will occur through redevelopment in mixed-use centers that tend to be the areas of greatest change. The city will gear subcommunity and area planning and other efforts toward defining the acceptable amount of infill and redevelopment and standards and performance measures for design quality to avoid or adequately mitigate negative impacts and enhance the benefits of infill and redevelopment to the community and individual neighborhoods. The city will also develop tools, such as neighborhood design guidelines, to promote sensitive infill and redevelopment. The school is attempting to redevelop a portion of its land in a manner that mitigates any negative impact of infill housing and is sensitively weaving in new residential development into the existing housing pattern in support of the ongoing activities of the school itself. 5.05 Support for Local Business & Business Retention The city and county value the diverse mix of existing businesses, including primary and secondary employers of different sizes, in the local economy. Nurturing, supporting and maintaining a positive climate for the retention of existing businesses and jobs is a priority. The city recognizes the vital role of small, local and independent businesses and non-profits that serve the community and will balance needs of redevelopment in certain areas with strategies that minimize displacement of existing businesses and create opportunities for startups and growing businesses. The city will continue to proactively analyze trends in market forces to shape its activities, plans and policies regarding local business and business retention. The city and county will consider the projected needs of businesses and their respective employees, such as commercial and office space, when planning for transportation infrastructure, programs and housing. The school’s entire redevelopment proposal is in aid of staying in Boulder. The school recognizes that other than the educational opportunity it provides, its largest physical asset is land. The value of that land in support of redevelopment for residential use is substantial. The school values its place in the Boulder community, but it recognizes the need to support its core function. If it cannot do so in Boulder, that need for Waldorf Education would remain. It is Shining Mountain’s intent to remain in Boulder through the improvement of the facilities proposed. 7.06 Mixture of Housing Types The city and county, through their land use regulations and housing policies, will encourage the private sector to provide and maintain a mixture of housing types with varied prices, sizes and densities to meet the housing needs of the low-, moderate- and middle-income households of the Boulder Valley population. The city will encourage property owners to provide a mix of housing types, as appropriate. This may include support for ADUs/OAUs, alley houses, cottage courts and building multiple small units rather than one large house on a lot. Attachment A - Applicant's Proposed Plans and Written Statement Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 27 of 48 12/01/2023 LUR2023-00050 Page 7 of 7 The housing proposed as a part of this application creates opportunity for new single family residential construction on lots that are smaller than the 7000sf standard size, thus limiting house size through FAR limits. Likewise proposed are smaller townhouse units providing a more modest housing opportunity for home ownership, in this neighborhood. These unit types provide for a transition to the denser housing types found north of Violet and Uptown Broadway neighborhood. 8.13 Support for Community Facilities The city and county recognize the importance of educational, health, cultural and non- profit community agencies that provide vital services to the residents of the Boulder Valley and will work collaboratively with these agencies to reasonably accommodate their facility needs and consider location based on transportation accessibility or other needs. Shining Mountain Waldorf School provides a unique educational opportunity for children of all ages in Boulder. No other Waldorf-based Pre-Kindergarten through High School exists in this community and offers such a complete immersion in this vital educational and cultural opportunity. The need for change and accommodation by the city is essential to its long-term health and sustainability. 8.20 Education Resources The city will seek to provide educational, cultural and literacy resources and opportunities for the community. The city will develop and maintain resources to assist learners and students of all ages, including support for formal education programs, and provide public workspaces and independent learning resources. The city will develop collaborative relationships with community educational institutions and function as a research center for residents. Shining Mountain looks to continue to enhance its place as an educational and cultural center for Boulder. Through its improved facilities, greater opportunities for community cultural events will be even more possible, once completed. The school looks forward to furthering such opportunities collaboratively with the City and other local institutions. Attachment A - Applicant's Proposed Plans and Written Statement Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 28 of 48 CRITERIA CHECKLIST AND COMMENT FORM LUR2023-00050 SITE REVIEW SECTION 9-2-14 (b)(1)(E) Height Modifications: A development which exceeds the permitted height requirements of Section 9-7-5, "Building Height," or 9-7-6, "Building Height, Conditional," B.R.C. 1981, or of Paragraph 9-10-3(b)(2), "Maximum Height," B.R.C. 1981, to the extent permitted by that paragraph for existing buildings on nonstandard lots, is required to complete a site review and is not subject to the minimum threshold requirements. No standard other than height may be modified under the site review unless the project is also eligible for site review. A development that exceeds the permitted height requirements of Section 9-7-5 or 9-7-6, B.R.C. 1981, must meet any one of the following circumstances in addition to the site review criteria: (i) The height modification is to allow a roof that has a pitch of 2:12 or greater in a building with three or fewer stories and the proposed height does not exceed the maximum height permitted in the zoning district by more than ten feet. The current proposal requests a height modification to allow a roof that has a pitch of 2:12 or greater in a building with three or fewer stories and the proposed height exceeds the maximum height permitted in the zoning district by seven feet six inches. This is the preferred design proposed by the applicant. In addition, the applicant is requesting approval of an alternative design consistent with the following: (iv) The height modification is to allow up to the greater of two stories or the maximum number of stories permitted but no more than five feet above the maximum building height under Section 9-7-5(a) or 9-7-6, B.R.C. 1981, in a building where the height modification is necessary because the building has to be elevated to meet the required flood protection elevation As detailed in the Applicant’s written statement, the required flood protection elevation on this site requires elevating the first floor of the building by approximately five feet, which constrains the townhome buildings in terms of functionality and ability to route structure and mechanical within a reasonable floor to floor height. The applicant is therefore proposing an alternative design as part of the height modification request to allow for up to four feet of additional height for the townhomes in order to improve interior livability and allow for each story within the townhomes to be constructed at a standard floor to ceiling height. (h)Criteria: No site review application shall be approved unless the approving agency finds that the project is consistent with the following criteria: (1)Boulder Valley Comprehensive Plan (BVCP) criteria: Attachment B - Criteria Analysis Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 29 of 48 (A) BVCP Land Use Map and Policies: The proposed project is consistent with the BVCP land use map and, on balance, with the goals and policies of the BVCP particularly those that address the built environment. In applying this, the approving authority shall consistently interpret and apply this criterion and consider whether a particular goal or policy is intended to be applied to individual development projects or is to guide city policy decisions, such as regulatory actions. The BVCP does not prioritize goals and policies, and no project must satisfy one particular goal or policy or all of them. BVCP Land Use Map Consistency: The BVCP land use map provides a sketch plan of the desired land use pattern in the Boulder Valley. Land use designations are aspirational and indicative of the broad goals of the city as compared to the regulatory aspects of zoning. “Whereas the BVCP Map provides a generalized picture of desired future uses in the Boulder Valley, the city zoning map assigns every parcel of land in the city a zoning district. This regulates allowable uses, density, …. and more.” The BVCP Land Use Designation for the site is “Low Density Residential” defined in the BVCP as follows: Characteristics and Locations: “LR is the most prevalent land use designation in the city, covering the primarily single family home neighborhoods, including the historic neighborhoods and Post-WWII neighborhoods. Uses: Uses: Consists predominantly of single-family detached units. BVCP Density/Intensity: 2 to 6 dwelling units per acre. The site plan approved through LUR2019-00068 consists of single family lots, attached single family townhomes and school facilities across 11.6 acres. With a total of 38 dwelling units (20 proposed single-family lots; one existing single family lot; and 17 townhomes) across the 11.6 acres the gross density equates to 3.28 dwelling units per acre, consistent with the anticipated density for LR. The proposed site plan does not change the approved density but allows for the townhomes to be constructed at a height of up to 42’6” with sloped roofs. BVCP Policies. The proposed project, on balance, meets a number of BVCP policies as follows: 2.03 Compact Development Pattern 2.41 Enhanced Design for All Projects 2.25 Improve Mobility Grid & Connections 2.24 Commitment to a Walkable & Accessible City 2.37 Environmentally Sensitive Urban Design 2.38 Importance of Urban Canopy, Street Trees & Streetscapes 4.07 Energy-Efficient Land Use 4.08 Energy-Efficient Building Design 6.12 Transportation Impacts Mitigated Attachment B - Criteria Analysis Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 30 of 48 6.18 Neighborhood Streets & Alleys Connectivity 7.06 Mixture of Housing Types 8.12 Accessibility to Schools 8.13 Support for Community Facilities (B) Subcommunity and Area Plans or Design Guidelines: If the project is subject to an adopted subcommunity or area plan or adopted design guidelines, the project is consistent with the applicable plan and guidelines. While the North Boulder Subcommunity Plan identifies the area as the Union Utica Neighborhood that is west of Broadway between Yarmouth Avenue on the north to Utica Avenue on the south, there’s little in the way of defined or identifiable character expressed for the area within the subcommunity plan. Instead, within the approved Locust Neighborhood Design Guidelines, the applicant has provided an area analysis that included observations to provide a foundation for the guidelines including use of porches and garages that are set back; a mix of architectural styles but with a consistent style on each home; variation in materials and sustainable landscaping with native species. To that end, the guidelines provide a list of acceptable primary and trim materials, roof styles, window door and entry details to fit within the neighborhood but still retain elements of the time. No changes to the building design elements within the guidelines are proposed other than those elements related to the height of the townhome buildings and the allowable roof forms. Overall, given the higher intensity uses and largely flat-roofed architectural character of the existing 35 to 48-foot residential buildings along the east side of Broadway north of Violet, the proposal to allow for 42’6” townhome buildings with sloped roofs would provide both a transition in scale to the more traditional residential areas to the south and southeast of the site as well as more variety in the overall roof forms and architectural style of the area. (C) Reducing Greenhouse Gas Emissions: Any new commercial building greater than 30,000 square feet in floor area and any 30,000 square feet or greater addition to a commercial building shall either have a net site energy usage index (EUI) of zero or is designed to achieve a net site EUI that is 10 percent lower than required under the City of Boulder Energy Conservation Code. It shall be a condition of approval that the applicant demonstrate compliance with this criterion at time of building permit. For the purpose of this requirement, "commercial building" shall have the meaning defined in the City of Boulder Energy Conservation Code. Not applicable, as the proposed development is entirely residential. (D) Urban Edge Design: If the project is located within the urbanizing areas along the boundaries between Area I and Area II or III of the BVCP, the building and site design provide for a well-defined urban edge, and, if, in addition, the project is located on a major street shown in Appendix A of this title, the buildings and site Attachment B - Criteria Analysis Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 31 of 48 design establish a sense of entry and arrival to the city by creating a defined urban edge through site and building design elements visible upon entry to the city. Not applicable, as the project is not located within the urbanizing areas along the boundaries between Area I and Area II or III of the BVCP (E) Historic or Cultural Resources: If present, the project protects significant historic and cultural resources. The approving authority may require application and good faith pursuit of local landmark designation. Not applicable, as there are no significant historic or cultural resources present on the site. (F) Housing Diversity and Bedroom Unit Types: Except in the RR, RE and RL-1 zoning districts, projects that are more than 50 percent residential by measure of floor area, not counting enclosed parking areas, meet the following housing and bedroom unit type requirements in Subsections (i) through (vi). For the purposes of this subparagraph, qualifying housing type shall mean duplexes, attached dwelling units, townhouses, live-work units, or efficiency living units, and bedroom type shall mean studios, one-bedroom units, two-bedroom units, or three-bedroom units. (i) Projects five acres or less shall include at least one qualifying housing type. In projects with efficiency living units, at least one additional qualifying housing type shall be provided consistent with the requirements of this paragraph; (ii) Projects greater than five acres shall include at least two qualifying housing types; The proposed project is an amendment to a previously approved Site Review, which includes, in addition to the Shining Mountain Waldorf School facilities, 17 townhome units and 20 detached single-family units to be developed as part of Phase II. This request does not alter the previously approved unit number or type. (G) Environmental Preservation: (i) 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 and "Species of Special Concern in Boulder County" designated by Boulder County and their habitat. The site has been developed for several decades and as such, there is little in the way of existing natural features wetlands, riparian, or special status species. The applicant intends to preserve a number of long-lived mature trees on the site including and a number of trees in poor condition and/or Ash species susceptible to Emerald Ash Borer Attachment B - Criteria Analysis Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 32 of 48 will be removed. There is a small ephemeral ditch that runs through the main campus and feeds to a storm drain. The applicant intends to preserve this as a landscape feature. The site is within the 100 year flood zone due to the proximity of Fourmile Canyon Creek and was impacted by the 2013 flood events in Colorado. As such, the redevelopment provides the opportunity to mitigate for future flood events. The proposed Site Plan places new structures above the levels required by Floodplain Regulations and allows for the flow of water thru the open space areas on the site and around the new structures. As per the requirements for Critical Facilities, the school currently has extensive Evacuation Procedures in place, include routes for evacuation and defined safe zones for all areas of the campus. (ii) Where excavation occurs, the location and design of buildings conforms to the natural contours of the land with tiered floor plates, and the site design avoids over- engineered tabling of land. Slopes greater than 50 percent should be avoided and, to the extent practicable, any such areas shall be stabilized with vegetation. The existing site is already graded, and the proposed project conforms to the contours of the land and does not create any significant slopes or tabling. (2) Site Design Criteria: The project creates safe, convenient, and efficient connections for all modes of travel, promotes safe pedestrian, bicycle, and other modes of alternative travel with the goal of lowering motor vehicle miles traveled. Usable open space is arranged to be accessible; designed to be functional, encourage use, and enhance the attractiveness of the project; and meets the needs of the anticipated residents, occupants, tenants, and visitors to the project. Landscaping aesthetically enhances the project, minimum use of water, is sustainable, and improves the quality of the environment. Operational elements are screened to mitigate negative visual impacts. In determining whether this is met, the approving agency will consider the following factors: (A) Access, Transportation, and Mobility: (i) The project enables or provides vehicular and pedestrian connectivity between sites consistent with adopted connections plans relative to the transportation needs and impacts of the project, including but not limited to construction of new streets, bike lanes, on-street parking, sidewalks, multi-use paths, transit stops, streetscape planting strips, and dedication of public right-of-way or public access easements, as applicable considering the scope of the project. Where no adopted connections plan applies, the applicant shall, in good faith, and in coordination with the city manager, attempt to coordinate with adjacent property owners to establish, where practicable, reasonable and useful pedestrian connections or vehicular circulation connections, such as between parking lots on abutting properties, considering existing connections, infrastructure, and topography. Attachment B - Criteria Analysis Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 33 of 48 The previously approved phasing plan includes a number of public improvements and a new street connection with the extension of Locust Avenue. As part of that extension, a new multi-use path is planned along with a detached walkway. Violet Avenue and 10th Street will also be improved with new detached walkways; with a new attached walkway on the main campus side of 10th Street. No changes to the required public improvements are proposed. (ii) Alternatives to the automobile are promoted by incorporating site design techniques, land use patterns, and infrastructure that support and encourage walking, biking, and other alternatives to the single-occupant vehicle. Inherent in a mixed use redevelopment is the integration of land uses that are compatible and support walking and biking between the uses. In addition, by providing new detached walkways on east side of 10th Street; south side of Violet Avenue; and a new street connection with a multi-use path and a detached walkway, the ability to circulate to and through the site as a pedestrian and bicyclist will be enhanced. (iii) A transportation demand management (TDM) plan will be complied with including methods that result in a significant shift away from single-occupant vehicle use to alternate modes. The existing Site Review approval includes an approved TDM and Parking Management plan. Because this request only affects the height of the approved townhome units and does not alter any of the previously approved project metrics, staff finds that a new TDM Plan is not necessary. (iv) Streets, bikeways, pedestrian ways, trails, open space, buildings, and parking areas are designed and located to optimize safety of all modes and provide connectivity and functional permeability through the site. The previously approved plans require the applicant to close the existing access drives into the existing high school site. In addition, the project plans illustrate a single access point into both the high school and townhome access drive along the north side of the Locust Avenue extension to ensure that the planned multi-use path will have limited impacts from vehicle movement in that block. The applicant is extending Locust Avenue as part of the project plans, with a detached multi-use path on the north side of the street and a detached walkway on the south side. In addition, new detached walkways are planned on the east side of 10th Street and the south side of Violet Avenue. No changes to the approved street layout or site access are proposed. (v) The design of vehicular circulation and parking areas make efficient use of the land and minimize the amount of pavement necessary to meet the circulation and parking needs of the project. Attachment B - Criteria Analysis Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 34 of 48 Inherent in the previously approved plans is revitalization of the large school campus and the redevelopment of land owned by the school as residential. The main school campus limits the street and vehicular functions to the exterior of the large site. Then, with a shared access drive between the High School and proposed Townhome lots, there is restricted access from both Violet and Locust avenues that helps to minimize land devoted to the street system. No changes to the street system are proposed. (vi) Where practicable and needed in the area and subject to coordination with the city manager, the project provides curbside parking or loading or both consistent with city policies on curbside management. The school has an approved pick-up and drop-off plan in place that will not be affected by the current proposal. (B) Open Space: (i) Useable open space is arranged to be accessible and designed to encourage use by incorporating quality landscaping, a mixture of sun and shade, hardscape areas and green spaces for gathering. For the 17 townhome style dwelling units within the RL-2 zoning, a minimum of 6,000 square feet of open space per dwelling unit or 102,000 square-feet is required. In this case, the applicant is proposing a hierarchy of shared open spaces for the townhomes including a small private backyard space at the rear of each townhome; a shared “pocket park” space for the townhomes area; and shared open space with the school on the main campus and within the high school space facing the townhomes. While the hours for access for the entire open space are varied, with limits on hours during school days and hours, the access would be communicated and enforced through signage. With the approximately 210,453 square feet (or 4.83 acres) of open space total between the main campus, the high school and the townhomes, the open space exceeds the requirement. (ii) The open space will meet the needs of the anticipated residents, occupants, tenants, and visitors of the property. In mixed-use projects, the open space provides for a balance of private and common areas for the residential uses and includes common open space that is available for use by residents of the residential uses and their visitors and by tenants, occupants, customers, and visitors of the non-residential uses. The open space within the master plan has shared and private areas for the townhome residents. There is also common open space areas within both the high school site as well as the main campus in the plan that are intended to be shared with the surrounding residents. There are active and passive areas intended to be part of the shared open space as identified within the open space plan per LUR2019-00068, and no changes to this plan are proposed. Attachment B - Criteria Analysis Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 35 of 48 (iii) If the project includes more than 50 dwelling units, including the addition of units that causes a project to exceed this threshold, and is more than one mile walking distance to a public park with any of the amenities described herein, at least 30 percent of the required outdoor open space is designed for active recreational purposes. Not applicable, as the project as approved includes 37 dwelling units. (iv) On-site open space is linked to adjacent public spaces, multi-use paths, city parks, or public open space if consistent with Department of Open Space and Mountain Parks or Department of Parks and Recreation plans and planning for the area, as applicable. The main school campus transitions to the 65-acre Foothills Community Park, which in turn is connected to city Open Space and Mountain Parks land to the west. (C) Landscaping and Screening: (i) The project exceeds the minimum landscaping requirements of Section 9-9-12, "Landscaping and Screening Standards," B.R.C. 1981, by at least fifteen percent in terms of planting quantities, includes a commensurate area to accommodate the additional plantings, and, where practical, preserves healthy long-lived trees. On the previously approved Landscape Plan Plant Schedule, there are 263 shrubs and 209 trees proposed within the site plan; this includes street trees within all of the rights of way planned for improvements along with new landscaping within the school and townhome sites. This exceeds the amount of plant materials required. The overall number of plants will remain the same in the current proposal. (ii) The landscaping design includes a variety of plants providing a variety of colors and contrasts in terms of texture and seasonality and high-quality hard surface materials, such as stone, flagstone, porous pavers, and decorative concrete. The plant materials are specified predominately as low and medium water adapted plants, with one focal point willow proposed on the high school grounds in a low point that would be adapted to receive drainage flows. The approved plan per LUR2019-00068 includes a number of different biomes throughout the site that exist today that are intended to be enhanced including those identified as: xeric gardens; ornamental grass gardens; permaculture; understory and swale and rock gardens along with perennial gardens. Hardscape materials include scored decorative concrete roadways, a narrow stone or rectangular paver border strip along the roads, and paver materials for sidewalks and driveways. No changes to the approved landscape plan are proposed other than a request to remove previously approved dwarf trees from the rear yards of the townhomes and replace them with alternative plantings that can work with site drainage, utilities, and building footprints. Attachment B - Criteria Analysis Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 36 of 48 (iii) The landscaping design conserves water through use of native and adaptive plants, reduction of exotic plant materials, and landscaping within stormwater detention facilities to create bioswales or rain gardens, or other similar design strategies. See response to (ii) above. (iv) Operational elements, such as electrical transformers, trash storage and recycling areas, parking, and vehicular circulation, are screened from the public realm through design elements, such as landscaping, fencing, or placement of structures, to mitigate negative visual impacts. Operational elements are effectively screened, and no changes to the approved locations are proposed. (3) Building Siting and Design Criteria: Building siting and design are consistent with the character established in any adopted plans or guidelines applicable to the site or, if none apply, are compatible with the character of the area or improves upon that character, consistent with the intent specified in this paragraph. Buildings are positioned and oriented towards the public realm to promote a safe and vibrant pedestrian experience including welcoming, well-defined entries and facades. Building exteriors are designed with a long-lasting appearance and high-quality materials. Building design is simple and to a human scale, it creates visual interest and a vibrant pedestrian experience. Building roof design contributes to a city skyline that has a variety of roof forms and heights. In determining whether this is met, the approving agency will consider the following factors: (A) Building Siting and Public Realm Interface: (i) New buildings and, to the extent practicable, additions to existing buildings are positioned towards the street, respecting the existing conditions or the context anticipated by adopted plans or guidelines. In urban contexts, buildings are positioned close to the property line and sidewalk along a street; whereas, in lower intensity contexts, a greater landscaped setback may be provided to match the surrounding context. The existing approval includes reduced setbacks along all rights-of-way to position buildings closer to the street. No changes to the previously approved setbacks are proposed. In addition, the previously approved residential guidelines provide direction on building morphology to enhance the pedestrian experience by including the following design strategies: • A street-facing facade reinforces the entry and primary mass • Wall articulation on all facades creates variety and secondary masses within the overall form • Covered porches help articulate the entry and create space for social integration with the community • Attention to detail in the connections between the masses of the overall building form Attachment B - Criteria Analysis Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 37 of 48 • Dormers, overhangs, and parapets add visual interest and detail to larger forms • Variety in floor plan and building location within the allowable envelope prevents commonality across adjacent development lots • Front doors must be visible from the street and large porches are strongly encouraged • Roof covers for the front door and porch must have a height that relates to the pedestrian scale of the street and fit with the overall form of the building mass • Garage doors must be set back from the entry façade • Gable roofs are a common example in residential design and allow for a variety of complimentary roof styles • Shed roofs are suitable for the entry, secondary form or for the primary mass • Wrapping porches combine social interaction with private outdoor space No changes to these requirements are proposed. (ii) Wherever practical considering the scope of the project, parking areas are located behind buildings or set back further from the streetscape than the building façade. Within the townhome site, parking areas are located behind the buildings and are screened from view from adjacent rights-of-way. (iii) Along the public realm, building entries are emphasized by windows and architectural features that include one or more of the following: increased level of detail, protruding or recessed elements, columns, pilasters, protruding bays, reveals, fins, ribs, balconies, cornices, eaves, increased window glazing, or changes in building materials or color. See response to (i) above. (iv) Defined entries connect the building to the public realm. Unless inconsistent with the context and building's use, along the public realm, one defined entry is provided every 50 feet. Buildings designed for residential or industrial uses may have fewer defined entries. See response to (i) above. (iv) If the project is adjacent to a zoning district of lower intensity in terms of allowable use, density, massing, or scale, the project is designed with an appropriate transition to the adjacent properties considering adopted subcommunity and area plans or design guidelines applicable to the site, and, if none apply, the existing development pattern. Appropriate transitions may be created through design elements such as building siting and design or open space siting and design. The proposed increase in height to allow for sloped roof forms on the townhome buildings maintains the overall character of the development and provides an appropriate transition from the higher intensity zoning to the north (RM-1 and MU-2 zoning lies across Violet to the north) to the established RL-1 zoned residential neighborhoods with predominately traditional single family building scale and style to the south and southeast of the site. Attachment B - Criteria Analysis Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 38 of 48 (v) The building's siting and relationship to the public realm is consistent with the character established in any adopted plans or guidelines applicable to the site or, if none apply, is compatible with the character of the area or improves upon that character, consistent with the intent of Paragraph (3), Building Design Criteria. A key element of the previously approved Site Review is the Locust Neighborhood Design Guidelines that govern mass, scale, orientation and configuration for development on the residential portions of the site. The guidelines indicate intended character and design expectations in both precedent images as well as massing diagrams. Specifically, the guidelines specify roof and building form, height, scale, materials and transitions, details, and other characteristics. While the townhomes align Broadway, which is considered a state highway, there is no distinct character of the area. However, the guidelines are compatible with the North Boulder Subcommunity Plan development guidelines for the area. The current request would amend the approved design guidelines to allow for additional height for the townhome buildings and different roof forms but would maintain all of the other previously approved elements intended to ensure compatibility with the character of the area. (B) Building Design: (i) Larger floor plate buildings and projects with multiple buildings have a variety of forms and heights. The current proposal to increase the allowable height to allow sloped roofs on the townhomes, which were previously approved with a 35-foot height limit that would preclude the provision of sloped roofs on 3-story buildings due to flood constraints, would increase the overall variety in terms of building forms and heights across the Shining Mountain Waldorf School PUD. (ii) To the extent practical considering their function, mechanical appurtenances are located within or concealed by the building. If they cannot be located within or concealed by the building, their visibility from the public realm and adjacent properties is minimized. The proposed height modification request does not alter the previously approved locations for mechanical appurtenances, which are concealed by the buildings and minimally visible from adjacent properties. (iii) On each floor of the building, windows create visual interest, transparency, and a sense of connection to the public realm. In urban, pedestrian main street-built environments, it is a best practice to design at least 60 percent of each ground floor façade facing the street as window area. Otherwise, it is a best practice to design at least 20 percent of the wall on each floor of a building as window area. Blank walls along the most visible portions of the building are avoided. Attachment B - Criteria Analysis Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 39 of 48 The proposed height modification request does not alter the previously approved fenestration on the townhome units, which incorporates large windows on all street- facing frontages and creates a high degree of transparency at the pedestrian level. (iv) Simple detailing is incorporated into the façades to create visual interest, without making the façade overly complicated. This detailing may include cornices, belt courses, reveals, alternating brick or stone patterns, expression line offsets, window lintels and sills, and offsets in window glass from surrounding materials. See response to (i) above. (v) Balconies on buildings with attached dwelling units are integrated into the form of the building in that exterior walls partially enclose the balcony. Balcony platform undersides are finished. Second floor balconies are integrated into the building forms and are partially enclosed by exterior walls. These balconies were included in the previous approval and are not being modified by the current request. (vi) The building's design, including but not limited to use of materials, color, roof forms, and style, is consistent with the character established in any adopted plans or guidelines applicable to the site or, if none apply, is compatible with the character of the area or improves upon that character, consistent with the intent of paragraph (3), Building Design Criteria. While the North Boulder Subcommunity Plan identifies the area as the Union Utica Neighborhood that is west of Broadway between Yarmouth Avenue on the north to Utica Avenue on the south, there’s little in the way of defined or identifiable character expressed for the area within the subcommunity plan. Instead, within the Locust Neighborhood Design Guidelines, the applicant has provided an area analysis that included observations to provide a foundation for the guidelines including use of porches and garages that are set back; a mix of architectural styles but with a consistent style on each home; variation in materials and sustainable landscaping with native species. To that end, the guidelines provide a list of acceptable primary and trim materials, roof styles, window door and entry details to fit within the neighborhood but still retain elements of the time. No changes to the building design elements within the guidelines are proposed. (C) Building Materials: (i) Building facades are composed of high-quality, durable, human-scaled materials. High- quality materials include brick, stone, polished concrete masonry units, wood, architectural high pressure laminate panels, cementitious or composite siding, Attachment B - Criteria Analysis Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 40 of 48 architectural metal panels, or any combination of these materials. Split-faced concrete masonry units, stucco, vinyl siding, EIFS, and unfinished or untreated wood are not considered durable, high-quality materials, but may be used on a limited basis and not on facades facing the public realm. High quality materials are focused on the ground floor facades on all sides of a building and on all floors of facades facing the public realm, and, overall, comprise the vast majority of all building facades. The previously approved materials palette, which consists primarily of brick, metal paneling and fiber cement paneling, meets the intent of this criteria and is not being changed by this proposal. (ii) Monolithic roofing membranes, like Thermoplastic Polyolefin, are not used on roof surfaces that are visible from the street level. The current proposal includes asphalt shingle roofs for the sloped roofs. The approved flat roofs or alternative design (floor height) flat roofs would not be visible from the street level. (iii) The number of building material types is limited, and the building materials are applied to complement the building form and function. The organization of the building materials logically expresses primary building features, such as the spatial layout, building entries, private and common spaces, anchor corners, stairwells, and elevators. The previously approved plans include three primary building materials per building, and this is not being changed by the current proposal. (iv) Building cladding materials turn convex corners and continue to the inset wall. This criterion does not apply to changes that occur at an interior corner nor to detailing elements, such as cornices, belt courses, reveals, offsets in expression lines, lintels, and windowsills. Building cladding materials do not change in-plane unless there is at least a 12-inch wall offset. Criterion met. (v) Any newly constructed building that includes residential units and is located within 200 feet of a railroad, freeway, or expressway is designed to achieve an interior day-night average noise level of no more than forty-five decibels. Noise shall be measured in a manner that is consistent with the federal Housing and Urban Development's standards in Sections 24 CFR §§ 51.100 to 51.106 for the "measure of external noise environments," or similar standard adopted by the city manager in the event that such rule is repealed. The applicant shall provide written certification prior to the issuance of a certificate of occupancy that the sound abatement and attenuation measures were incorporated in the construction and site design as recommended by a professional engineer. Attachment B - Criteria Analysis Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 41 of 48 Not applicable, as the units are not located within 200 feet of a railroad, freeway, or expressway. (4) Additional Criteria for Buildings Requiring Height Modification or Exceeding the Maximum Floor Area Ratio: Any building exceeding the by-right or conditional zoning district height as permitted by Section 9-2-14(b)(1)(E), B.R.C. 1981, and any building exceeding the by-right floor area limits as permitted by Section 9-2-14(h)(6)(B), B.R.C. 1981, shall meet the following requirements: (A) Building Form and Massing: The building's form and massing are consistent with the character established in any adopted plans or guidelines applicable to the site or, if none apply, are compatible with the character of the area or improves upon that character, consistent with the intent of paragraph (3), Building Design Criteria. The building's form, massing and length are designed to a human scale and to create visual permeability into and through sites. In determining whether this is met, the approving authority will consider the following factors: (i) The building does not exceed 200 feet in length along any public right-of-way. None of the townhome buildings exceeds 200 feet in length. (ii) All building facades exceeding 120 feet in length along a public street, excluding alleys, are designed to appear as at least two distinct buildings. To achieve this, façade segments vary in at least two of the following design elements: a. Type of dominant material or color, scale, or orientation of that material; b. Facade recessions and projections; c. Location of entrance and window placements; d. Roof forms; and e. Building height. No Building exceeds 120’ in length, but nonetheless provide façade recessions and projections, front porches and entrances every 20’, and varied roof forms. (B) Building and Site Design Requirements for Height Modifications: (i) Buildings requiring a height modification shall meet the following requirements: a. Height Modification Other than Height Bonus: For buildings no taller than three stories and subject to a height modification pursuant to Subparagraph 9-2-14(b)(1)(E)(i) through (vii), the building's height, mass, and scale is compatible with the character of the surrounding area. While the North Boulder Subcommunity Plan identifies the area as the Union Utica Neighborhood that is west of Broadway between Yarmouth Avenue on the north to Utica Avenue on the south, it is important to note that there’s little in the way of defined or Attachment B - Criteria Analysis Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 42 of 48 identifiable character expressed for the area within the subcommunity plan. Instead, within the Locust Neighborhood Design Guidelines, the applicant has provided an area analysis that included observations to provide a foundation for the guidelines including use of porches and garages that are set back; a mix of architectural styles but with a consistent style on each home; variation in materials and sustainable landscaping with native species. To that end, the guidelines provide a list of acceptable primary and trim materials, roof styles, window door and entry details to fit within the neighborhood but still retain elements of the time. No changes to the building design elements within the guidelines are proposed. The proposed increase in height to allow for sloped roof forms on the townhome buildings maintains the overall character of the development and provides an appropriate transition from the higher intensity zoning to the north (RM-1 and MU-2 zoning lies across Violet to the north) to the established residential neighborhoods with predominately traditional single family building scale and style to the south and southeast of the site. b. Height Bonus: For buildings taller than three stories subject to a height modification pursuant to Subparagraph 9-2-14(b)(1)(E)(viii), B.R.C. 1981: Not applicable, as the proposed townhomes are 3-stories in height. Attachment B - Criteria Analysis Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 43 of 48 From:Reed Summers To:Van Schaack, Chandler Subject:Notification requested Date:Monday, October 30, 2023 11:26:57 AM External Sender Notice This email was sent by an external sender. Hello, I would like to be on the notification list regarding the hearing date for the Shining mountain Waldorf school apartment block, rezoning of building height. I do have some concerns about this as a resident a block away. Thank you, Reed 805 Union ave Attachment C - Public Comments Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 44 of 48 From:Dan Marcus To:Van Schaack, Chandler Subject:Review #LUR2023-00050 Date:Wednesday, November 1, 2023 6:16:24 AM External Sender Notice This email was sent by an external sender. Dear Mr. Van Schaak: I am writing in response to the City of Boulder Planning & Development Services notice dated October 19, 2023 with regards to the City's consideration of new townhomes being developed by Shining Mountain Waldorf School being allowed to reach more than 42 feet versus the 35 foot height limit. As a neighbor to the lot being developed for profit by the school, I am writing to voice my opposition to the requested variance. The reason is that this is a single- family neighborhood, hence the existing height limit. I do not believe this should be altered for the financial benefit of the developer. Additionally, I strongly believe that a condition of approval for any development here should require the permit applicant to repave the surrounding streets (i.e., Locust, Union, etc.) given their current poor condition and the impact that sewer and other utilities for the new housing development will have on the streets and traffic in our neighborhood. Please enter this letter in the record for consideration by staff and committee members. Thank you, Dan Marcus 849 Union Ave, Boulder, CO 80304 Attachment C - Public Comments Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 45 of 48 From:Alison R. To:Van Schaack, Chandler Subject:Shining Mountain Development Date:Thursday, November 2, 2023 12:42:11 PM External Sender Notice This email was sent by an external sender. Hi there. I'm a neighbor on Union Avenue, and I received the notice about the Shining Mountain request for a height variance. I'm of course speaking for myself here, though I know from many conversations with neighbors that you will hear the same from them. I am firmly opposed to a height variance for Shining Mountain. We LOVE our little neighborhood here, and a big reason for that is the small, relatively simple feel of the homes. I do understand that growth happens, and while I don't love that we'll have a lot more cars crammed onto our street with the townhomes coming in, overall I'm more than happy to welcome in more neighbors. So this isn't a NIMBY argument on my part. We live in a desirable location, so I understand that more folks would want to live here. Where I do have a problem is with Shining Mountain having a height variance that will surely make it appear as though the school property is a cornerstone of our neighborhood. The reality is they are terrible neighbors - exclusionary, unwelcoming, and thoughtless about those of us who live here. They have a huge property with open fields and parks directly next to a public park, yet they yell at any child who wanders onto their property (often unaware that they aren't still at Foothills Community Park). They hold events which crowd our streets with parked cars, and never in the dozen years I've lived here have they given neighbors a heads-up or - god forbid - an invitation. (The Art House by comparison has frequently included neighbors in their events and shows, which makes us happier to have it there despite its large size.) At least twice a day, the Shining Mountain parents clog up Locust, OFTEN standing in the middle of the street chatting away, while neighbors have to wait in their cars to get home to their own kids. They park blocking neighbors' driveways or even IN neighbors' driveways, with utter disregard to the people who live here. One of my neighbors even received a complaint when her son parked his car in front of the house owned by S.M. This is a public street, so parking is allowed by anyone. Meanwhile, that same neighbor says a teacher from S.M. has parked in front of her house for the entire school year. (And no, that neighbor did not complain because, again, it's a public street.) Is this just an angry venting session that will make no difference? Possibly. But I say it because this variance request would feel entirely different if we actually felt like the school has ever been a part of our neighborhood. What it feels like in reality is a bastion of entitlement, asking for even more entitlement, to dominate the space of our sweet neighborhood. The rest of us have managed to live within the city rules and requirements, so this property should do so as well. Thank you for your time, Alison Randall Attachment C - Public Comments Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 46 of 48 From:Matt Cullen To:Van Schaack, Chandler Subject:Shining Mountain Waldorf Project Date:Saturday, November 4, 2023 10:42:46 PM External Sender Notice This email was sent by an external sender. Hi Chandler, I recently received a letter about a proposed change to the Dining Mountain Waldorf School project. I am concerned about these changes and would like to be kept informed about hearings and opportunities for comment. Matt Cullen Attachment C - Public Comments Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 47 of 48 From:Mike Strife To:Samantha Strife; Van Schaack, Chandler Subject:Shining Mountain Waldorf School Date:Sunday, November 12, 2023 7:46:06 PM External Sender Notice This email was sent by an external sender. Hi Chandler, My name is Mike Strife. I live at 712 Locust Ave, Boulder, CO 80304, just west of the Shining Mountain Waldorf School. I am writing as I am concerned about the increased traffic on Locust Avenue after the completion of the construction project. Once complete, Locust Ave will go directly to Broadway. My main goal with this email is to inquire about adding measures to manage speed on Locust. Locust is used by residents of this neighborhood and by citizens accessing Community Foothills Park and the nearby trails. With the change to Locust Avenue now going directly to Broadway I fear that more cars will access this road and therefore more cars will continue to speed down the slope toward the school in order to get to Broadway. Two streets to the South, Utica has a speed bump and I wonder how to get something similar onto Locust. Thanks for your help. Sincerely, Mike Strife Attachment C - Public Comments Item 4A - Shining Mountain Waldorf School Site Review Amendment Page 48 of 48 1 CITY OF BOULDER PLANNING BOARD AGENDA ITEM MEETING DATE: February 6, 2024 AGENDA TITLE Public hearing and recommendation to City Council regarding proposed Ordinance 8620, amending Title 9, “Land Use Code,” B.R.C. 1981, to clarify existing code sections, update graphics, and improve the clarity of the code, and setting forth related details. REQUESTING DEPARTMENT / PRESENTERS Planning & Development Services Brad Mueller, Director of Planning & Development Services Charles Ferro, Senior Planning Manager Karl Guiler, Senior Policy Advisor Lisa Houde, Senior City Planner OBJECTIVE Define the steps for Planning Board consideration of this request: 1.Hear staff presentation. 2. Hold public hearing. 3. Planning Board discussion. 4. Planning Board recommendation to City Council. KEY ISSUES Staff has identified the following key issues to help guide the board’s discussion: Item 4B - Title 9 Code Section Improvements Page 1 of 31 2 1. Does Planning Board find that the proposed ordinance implements the adopted policies of the Boulder Valley Comprehensive Plan? 2. Does Planning Board recommend any modifications to the draft ordinance? EXECUTIVE SUMMARY Staff has identified a list of proposed changes to clarify the Land Use Code, fix errors, simplify language, and codify existing practices. The city periodically corrects technical errors to avoid confusion and to ensure that the Land Use Code is administered and enforced in a manner consistent with the intent and department practices. The last ordinance addressing similar “clean-up” issues was adopted in 2020. Staff is requesting that the Planning Board make a recommendation to City Council on the proposed code changes as required by the Land Use Code. If passed, changes would go into effect 30 days after adoption by City Council. The draft ordinance is found in Attachment A. STAFF RECOMMENDATION Staff requests Planning Board consideration of this matter and action in the form of the following motion: Suggested Motion Language: Planning Board recommends that City Council adopt Ordinance 8620, amending Title 9, “Land Use Code,” to clarify existing code sections, update graphics, and improve the clarity of the code, and setting forth related details. PUBLIC FEEDBACK Staff is sending out an update in the Planning & Development Services newsletter informing the community of the upcoming code changes. As the changes are primarily focused on clarifying existing language, fixing errors, and aligning the code with existing practices, this code change project is implementing an “inform” level of public engagement. BACKGROUND The proposed changes were identified during previous land use review processes where implementation of the code raised questions about interpretation and issues of clarity, where code language resulted in unintended consequences, or where mistakes were found. Staff accumulates a list of these issues and every few years compiles an ordinance to update the code accordingly. SUMMARY OF PROPOSED CHANGES IN ORDINANCE 8620 The ordinance can be found in Attachment A. Footnotes are provided in the ordinance to describe the purpose of each change. The updates generally consist of: Item 4B - Title 9 Code Section Improvements Page 2 of 31 3 • Corrections. Corrects inaccuracies, such as incorrect citations or typographical errors. • Clarifications. Updates that make the code language clearer. • Graphics. Changes to graphics to address common misunderstandings. • Consistency. Updates to ensure consistency with state or other requirements or existing city practices. ANALYSIS Staff has identified the following key issues for Planning Board’s consideration: 1. Does Planning Board find that the proposed ordinance implements the adopted policies of the Boulder Valley Comprehensive Plan? 2. Does Planning Board recommend any modifications to the draft ordinance? Staff finds that the proposed ordinance implements the adopted policies of the comprehensive plan. The following analysis is provided to demonstrate how the project objective is met through the proposed ordinance. Attachment A includes the proposed ordinance and also includes footnotes that describe the rationale of each proposed change. What is the reason for the ordinance and what public purpose will be served? This ordinance fixes errors in the code, clarifies common issues of interpretation, and updates graphics to improve communication of code requirements. The changes will improve the accuracy of the code by correcting typographical errors and by providing clarity where existing provisions have been misinterpreted. How is the ordinance consistent with the purpose of the zoning districts or code chapters being amended? The ordinance would affect many different code sections. The changes will improve the comprehension of the code overall, both for customers and code administrators and may ease review of development applications. Are there consequences in not passing this ordinance? If this ordinance is not passed, clerical errors in the code would not be corrected and improvements in code clarity would not be adopted. What adverse effects may result with the adoption of this ordinance? Adverse effects are not anticipated as a result of this amendment. Staff has intentionally included only minor changes like fixing errors, clarifying existing language, or ensuring consistency with state or other requirements or existing city practices. What factors are influencing the timing of the proposed ordinance? Why? Item 4B - Title 9 Code Section Improvements Page 3 of 31 4 While many of the proposed code corrections are relatively minor fixes, the ordinance does include corrections that should be completed as soon as practical to avoid confusion among code users. Some of the changes involve issues with recently adopted ordinances. Staff aims to ensure these corrections are adopted prior to code change projects that may be more comprehensive and substantive. How does the ordinance compare to practices in other cities? As the limited changes are primarily minor clarifications and corrections, comparisons to other communities are not instructive in this circumstance. All communities have an interest in keeping their code updated, clear, and accurate. How will this ordinance implement the comprehensive plan? The ordinance will implement the following applicable policy from the Boulder Valley Comprehensive Plan. Local Governance & Community Engagement Policy 10.01: High-Performing Government The city and county strive for continuous improvement in stewardship and sustainability of financial, human, information and physical assets. In all business, the city and county seek to enhance and facilitate transparency, accuracy, efficiency, effectiveness and quality customer service. The city and county support strategic decision-making with timely, reliable and accurate data and analysis. ATTACHMENTS Attachment A: Ordinance 8620 – Annotated Item 4B - Title 9 Code Section Improvements Page 4 of 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE 8620 AN ORDINANCE AMENDING TITLE 9, “LAND USE CODE,” B.R.C. 1981, TO FIX ERRORS, CLARIFY EXISTING CODE SECTIONS, UPDATE GRAPHICS, AND IMPROVE THE CLARITY OF THE CODE, AND SETTING FORTH RELATED DETAILS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO: Section 1. Section 2-3-12, “Board of Zoning Adjustment and Building Appeals,” B.R.C. 1981, is amended to read as follows: 2-3-12. Board of Zoning Adjustment and Building Appeals … (b)The board's functions are to: (1)Review and decide at the request of any interested person any question of interpretation by the city manager of Chapters 9-6, "Use Standards," 9-7, "Schedule of Form and Bulk Standards," and 9-8, "Intensity Standards," B.R.C. 1981; (2)Hear and decide to grant or deny applications for variances from the setback requirements of Section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981, and the size requirements for accessory dwelling units of Subparagraph 9-6- 3(n) B.R.C. 1981; (3)Hear and decide applications for exceptions under the solar access ordinance, Section 9-9-17, "Solar Access," B.R.C. 1981; (4)Hear and decide to grant or deny applications for variances, and to hear and decide appeals of orders from the city manager under the sign code, Section 9-9- 21, "Signs," B.R.C. 1981;1 (5)Sit as the Board of Building Appeals pursuant to Section 2-3-4, "Board of Building Appeals," B.R.C. 1981; and (6)Hear and decide such other matters as the city council may by ordinance provide. 1 The authority for BOZA to review sign variances is not described in Title 2, but is listed in Title 9. This change reconciles that difference. Attachment A - Ordinance 8620 – Annotated Item 4B - Title 9 Code Section Improvements Page 5 of 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 2. Section 6-14-2, “Definitions,” B.R.C. 1981, is amended to read as follows: 6-14-2. Definitions The following words and phrases used in this chapter have the following meanings unless the context clearly indicates otherwise: … Mixed -use development means a building, or a project, or a development, which may consist of one or multiple lots or parcels, that contains one or more nonresidential use and one or more dwelling units in any zone district.2 … Produce or production means: (i) combining marijuana with any other substance for distribution, including storage and packaging for resale; or (ii) preparing, compounding, processing, encapsulating, packaging, or repackaging, labeling, or relabeling of marijuana or its derivatives, whether alone or mixed with any amount of any other substance. Production shall not include packaging or repackaging, labeling, or relabeling of a usable form of marijuana if no production has occurred and such packaging and labeling qualify as cultivation. Residential zone district means any district in the residential classification of Table 5-1 in Section 9-5-2, B.R.C., 19813 Restricted area means the portion of a medical marijuana business location within which the licensee defines on its application it intends to cultivate, distribute, possess, or produce medical marijuana and which area is clearly identified as the restricted area on the floor plan submitted with the medical marijuana business license application for the business. … Section 3. Section 6-14-7, “Locations of Medical Marijuana Businesses,” B.R.C. 1981, is amended to read as follows: 6-14-7. Locations of Medical Marijuana Businesses … (c) No Medical Marijuana Business in Building with Residences or Residential Zone Districts. It shall be unlawful to operate a medical marijuana business in a building which contains a residence, or within a dwelling unit within any zone district, or within a residential zone district, or within a mixed -use development that includes a residence. 2 Change to licensing part of municipal code - Clarifies applicability of multi-lot mixed use development location requirements for medical and recreational marijuana. 3 Change to licensing part of municipal code - Clarifies applicability of multi-lot mixed use development location requirements for medical and recreational marijuana. Attachment A - Ordinance 8620 – Annotated Item 4B - Title 9 Code Section Improvements Page 6 of 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This restriction shall not apply to a medical marijuana wellness center that had submitted an application or held a license from the city on October 22, 2013. 4 … Section 4. Section 6-16-2, “Definitions,” B.R.C. 1981, is amended to read as follows: 6-16-2. Definitions The following words and phrases used in this chapter have the following meanings unless the context clearly indicates otherwise: … Mixed use development means a building, or a project, or a development, which may consist of one or multiple lots or parcels, that contains one or more nonresidential use and one or more dwelling units in any zone district. 5 … Recreational marijuana plant means a marijuana seed that is germinated and all parts of the growth therefrom, including, without limitation, roots, stalks, and leaves, so long as the flowers, roots, stalks, and leaves are all connected and in a growing medium. Recreational marijuana plant shall include immature plants except where specifically excepted in this code. For purposes of this chapter, any part of the plant removed is considered harvested and no longer part of a recreational marijuana plant, but marijuana. Residential zone district means any district in the residential classification of Table 5-1 in Section 9-5-2, B.R.C., 19816 Restricted area means the portion of a recreational marijuana business premises within which the licensee defines on its application it intends to cultivate, distribute, possess, or produce recreational marijuana and which area is clearly identified as the restricted area on the floor plan submitted with the recreational marijuana business license application for the business. … Section 5. Section 6-16-5, “Locations of Recreational Marijuana Businesses,” B.R.C. 1981, is amended to read as follows: 6-16-5. Application; Modification of Premises 4 Change to licensing part of municipal code - Clarifies applicability of multi-lot mixed use development location requirements for medical and recreational marijuana. 5 Change to licensing part of municipal code - Clarifies applicability of multi-lot mixed use development location requirements for medical and recreational marijuana. 6 Change to licensing part of municipal code - Clarifies applicability of multi-lot mixed use development location requirements for medical and recreational marijuana. Attachment A - Ordinance 8620 – Annotated Item 4B - Title 9 Code Section Improvements Page 7 of 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (a) Application Requirements. An application for a recreational marijuana business license shall be made to the city on forms provided by the city manager for that purpose. The applicant shall use the application to demonstrate its compliance with this chapter and any other applicable law, rule, or regulation. In addition to the information required by Chapter 4-1, "General Licensing Provisions," B.R.C. 1981, the application shall include the following information: … (9) A zoning confirmation form from the city, to ascertain within a radius of one- quarter mile from the boundaries of the property upon which the recreational marijuana business is located, the proximity of the property to any school or other facility identified in this chapter, or state licensed child care center, to any other marijuana business or to any residential zone district or a mixed- use development containing one or more residences.7 … Section 6. Section 6-16-7, “Locations of Recreational Marijuana Businesses,” B.R.C. 1981, is amended to read as follows: 6-16-7. Locations of Recreational Marijuana Businesses … (c) No Recreational Marijuana Business in Building With Residences or Residential Zone Districts. It shall be unlawful to operate a recreational marijuana business in a building which contains a residence, or within a dwelling unit within any zone district, or within a residential zone district, or within a mixed -use development that includes a residence.8 … Section 7. Section 9-2-1, “Types of Reviews,” B.R.C. 1981, is amended to read as follows: 9-2-1. Types of Reviews … (b) Summary Chart: TABLE 2-1: REVIEW PROCESSES SUMMARY CHART I. ADMINISTRATIVE REVIEWS II. DEVELOPMENT REVIEW AND BOARD ACTION 7 Change to licensing part of municipal code - Clarifies applicability of multi-lot mixed use development location requirements for medical and recreational marijuana. 8 Change to licensing part of municipal code - Clarifies applicability of multi-lot mixed use development location requirements for medical and recreational marijuana. Attachment A - Ordinance 8620 – Annotated Item 4B - Title 9 Code Section Improvements Page 8 of 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Affordable housing design review pursuant to Section 9-13-4, B.R.C. 1981 Building permits Change of address Change of street name Conditional uses, as noted in Table 6-1: Use Table Demolition, moving, and removal of buildings with no historic or architectural significance, per Section 9-11- 23, "Review of Permits for Demolition, On-Site Relocation, and Off-Site Relocation of Buildings Not Designated," B.R.C. 1981 Easement vacation Extension of development approval/staff level Landmark alteration certificates (staff review per Section 9-11-14, "Staff Review of Application for Landmark Alteration Certificate," B.R.C. 1981) Landscape standards variance Minor modification to approved site plan Minor modification to approved form-based code review Noise barriers along major streets per Paragraph 9-9- 15(c)(7), B.R.C. 1981 Nonconforming use (extension, change of use (incl. parking)) Parking deferral per Subsection 9-9-6(e), B.R.C. 1981 Parking reduction of up to fifty 25 percent per Subsection 9-9-6(f), B.R.C. 19819 Parking reductions and modifications for bicycle parking per Paragraph 9-9-6(g)(6), B.R.C. 1981 Parking stall variances Public utility Annexation/initial zoning BOZA variances Concept plans Demolition, moving, and removal of buildings with potential historic or architectural significance, per Section 9-11-23, "Review of Permits for Demolition, On-Site Relocation, and Off-Site Relocation of Buildings Not Designated," B.R.C. 1981 Form-based code review Geophysical exploration permit Landmark alteration certificates other than those that may be approved by staff per Section 9-11-14, "Staff Review of Application for Landmark Alteration Certificate," B.R.C. 1981 Lot line adjustments Lot line elimination Minor Subdivisions Out of city utility permit Rezoning Site review Subdivisions Use review Vacations of street, alley, or access easement 9 To align with Ordinance 8599 and the parking reduction regulations that have been implemented for years, this table clarifies that parking reductions are only allowed up to 25% as Administrative Reviews. Attachment A - Ordinance 8620 – Annotated Item 4B - Title 9 Code Section Improvements Page 9 of 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Rescission of development approval Revocable permit Right-of-way lease Setback variance Site access variance Solar exception Zoning verification Section 8. Section 9-2-3, “Variances and Interpretations,” B.R.C. 1981, is amended to read as follows: 9-2-3. Variances and Interpretations … (c) Administrative Variances: The city manager may grant a variance from: … (8) The city manager may also grant variances or refer variance requests to the BOZA to allow development not in conformance with the provisions of this title which otherwise would result in a violation of federal or state legislation, including but not limited to the Federal Fair Housing Act or the Americans with Disabilities Act. 10 Section 9. Section 9-2-14, “Site Review,” B.R.C. 1981, is amended to read as follows: 9-2-14. Site Review … (c) Modifications to Development Standards: The following development standards of B.R.C. 1981 may be modified under the site review process set forth in this section: (1) 9-7-1, "Schedule of Form and Bulk Standards" and standards referred to in that section except that the standards referred to as "FAR Requirements" may not be modified under this paragraph and are subject to Section 9-8-2, B.R.C. 1981, and the maximum height or conditional height for principal buildings or uses may be modified only as permitted in Paragraph 9-2-14(b)(1)(E), B.R.C. 1981.11 10 Change recommended by City Attorney’s Office to modify applicability to include violations of state legislation as well as federal legislation. 11 Clarifies that height modifications may also be requested for accessory buildings. Attachment A - Ordinance 8620 – Annotated Item 4B - Title 9 Code Section Improvements Page 10 of 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 … (20) 9-9-17, "Solar Access."," provided the modification meets the exception criteria in 9-9-17(f)(6).12 … (d) Application Requirements: An application for approval of a site plan may be filed by any person having a demonstrable property interest in land to be included in a site review on a form provided by the city manager that includes, without limitation:13 (1) All materials and information required by Subsection 9-2-6(a), B.R.C. 1981;. (2) A site plan with a north arrow showing the major details of the proposed development, prepared on a scale of not less than one inch equals one hundred feet providing sufficient detail to evaluate the features of the development required by this section. The site plan shall contain, insofar as applicable, the information set forth in this subsection;. (3) The existing topographic character of the land, showing contours at two-foot intervals;. (4) The site and location of proposed uses with dimensions indicating the distance from lot lines;. (5) The location and size of all existing and proposed buildings, structures and improvements, and the general location of adjacent streets, structures and properties;. (6) The maximum height of all buildings and building elevations showing exterior colors and materials;. (7) The density and type of uses;. (8) The internal traffic and circulation systems, off-street parking areas, service areas, loading areas and major points of access to public rights-of-way;. (9) The location, height and size of proposed signs, lighting and advertising devices;. (10) The areas that are to be conveyed, dedicated or reserved as parks, recreation areas, playgrounds, outlots or open space and as sites for schools and other public buildings;. (11) The areas that are to be conveyed, dedicated or reserved for streets, alley and utility easements;. (12) The areas subject to the one hundred-year flood as defined in Chapter 9-16, "Definitions," B.R.C. 1981, and any area of the site that is within a designated space conveyance zone or high hazard zone;. (13) A general landscaping plan at the time of initial submission to be followed by a detailed landscaping plan prior to or as a condition of approval, showing the 12 Clarifies that modifications must still meet the existing exception criteria. 13 Makes punctuation in list consistent. Attachment A - Ordinance 8620 – Annotated Item 4B - Title 9 Code Section Improvements Page 11 of 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 spacing, sizes, specific types of landscaping materials, quantities of all plants and whether the plant is coniferous or deciduous. All trees with a diameter of six inches and over measured fifty-four inches above the ground on the property or in the landscape setback of any property adjacent to the development shall be shown on the landscaping plan. (14) A shadow analysis depicting shadows on December 21, as described in the solar analysis instructions provided by the city manager, and depicting shadows calculated pursuant to Subsection 9-9-17(d), B.R.C. 1981, for those buildings that affect adjacent properties;. (15) A written statement containing the following information: (A) A statement of the current ownership and a legal description of all of the land included in the project; (B) An explanation of the objectives to be achieved by the project, including, without limitation, building descriptions, sketches or elevations that may be required to describe the objectives; (C) A development schedule indicating the approximate date when construction of the project or phases of the project can be expected to begin and be completed; and (D) Copies of any special agreements, conveyances, restrictions or covenants that will govern the use, maintenance and continued protection of the goals of the project and any related parks, recreation areas, playgrounds, outlots or open space;. (16) Materials required by the City of Boulder Design and Construction Standards, including, without limitation, a traffic study, master utility plan, utility report and storm water report and plan for any application that proposes to construct or have an impact on public improvements; and. … (h) Criteria: No site review application shall be approved unless the approving agency finds that the project is consistent with the following criteria: … (2) Site Design Criteria: The project creates safe, convenient, and efficient connections for all modes of travel, promotes safe pedestrian, bicycle, and other modes of alternative travel with the goal of lowering motor vehicle miles traveled. Usable open space is arranged to be accessible; designed to be functional, encourage use, and enhance the attractiveness of the project; and meets the needs of the anticipated residents, occupants, tenants, and visitors to the project. Landscaping aesthetically enhances the project, minimizes use of water, is sustainable, and improves the quality of the environment. Operational elements are screened to mitigate negative visual impacts. In determining whether this is met, the approving agency will consider the following factors: … (B) Open Space: Attachment A - Ordinance 8620 – Annotated Item 4B - Title 9 Code Section Improvements Page 12 of 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 … (iii) If the project includes more than 50 dwelling units, including the addition of units that causes a project to exceed this threshold, and is more than one mile walking distance to a public park with any of the amenities described herein, at least 30 percent of the required outdoor open space is designed for active recreational purposes.14 Section 10. Section 9-2-17, “Annexation Requirements,” B.R.C. 1981, is amended to read as follows: 9-2-17. Annexation Requirements … (c) Annexation Agreement: Owners of land petitioning the city for annexation of their property shall enter into an annexation agreement with the city stating any terms and conditions imposed on said property, prior to the first reading of the annexation ordinance. Upon annexation, such agreements shall be recorded to provide notice to future purchasers of said property. Where the annexation agreement provides that the city may install public improvements and that the owners of the annexed property will pay for such improvements, the costs of such improvements constitute an assessment against the annexed property as they accrue. If, after notice, any such assessment is not paid when due, the city manager shall certify the amount of the principal, interest, and penalties due and unpaid, together with ten percent of the delinquent amount for costs of collection to the county treasurer to be assessed and collected in the same manner as general taxes are assessed and collected as provided by Section 2-2-12, "City Manager May Certify Taxes, Charges and Assessments to County Treasurer for Collection," B.R.C. 1981. (d) Hearing: The planning board shall hear a request for annexation at a public hearing and make a recommendation for approval or denial to the city council. After considering the planning board's recommendation, the city council shall make the final determination on a request for annexation. 15 Section 11. Line 9 of Table 4-1: Summary of Decision Authority by Process Type in Section 9-4-2, “Development Review Procedures,” B.R.C. 1981, is amended to read as follows: 9-4-2. Development Review Procedures (a) Development Review Authority: Table 4-1 of this section summarizes the review and decision-making responsibilities for the administration of the administrative and development review procedures described in this chapter. The table is a summary tool 14 Drafting error. 15 In Table 4-1, Planning Board is identified as “Recommendation only” for annexations. However, the code requirements in 9-2 do not reference the Planning Board’s role in annexations. This proposed language has been modeled to mirror language in 9-2-19 regarding rezoning applications. Attachment A - Ordinance 8620 – Annotated Item 4B - Title 9 Code Section Improvements Page 13 of 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and does not describe all types of decisions made under this code. Refer to sections referenced for specific requirements. Form and bulk standards may also be modified by site review. Additional procedures that are required by this code but located in other chapters are: (1) "Historic Preservation," chapter 9-11; (2) "Inclusionary Housing," chapter 9-13; and (3) "Residential Growth Management System," chapter 9-14. TABLE 4-1: SUMMARY OF DECISION AUTHORITY BY PROCESS TYPE Standard or Application Type Staff/City Manager BOZA Planning Board City Council Parking Building height, conditional SECTION 9-7-616 D — — — … Section 12. Section 9-4-3, “Public Notice Requirements,” B.R.C. 1981, is amended to read as follows: 9-4-3. Public Notice Requirements (a) Process and Options: When a process or procedure identified in this title requires public notice, the city manager shall provide such notice according to Table 4-2 of this section. If a code section does not reference a specific method, the city manager shall determine the most appropriate notification method to be used. TABLE 4-2: PUBLIC NOTICE OPTIONS Public Notice Type Type of Application, Meeting or Hearing Mailed Notice Posted Notice 1 Administrative Reviews (except those identified below) none none 2 Subdivisions Preliminary Plats and Minor Subdivisions17 To adjacent property owners and mineral rights owners a minimum of 10 days before final action and mineral rights owners a minimum of 30 days before initial hearing or decision Post property a minimum of 10 days from receipt of application and prior to final action or any hearing 3 Good neighbor meetings To property owners within 600 feet of subject property a minimum of 10 days before meeting none 4 Solar exceptions, solar access permits To adjacent property owners a minimum of 10 days before final action Post property a minimum of 10 days from receipt of 16 Fixes a typo, which is intended to state “building height, conditional” and has been in the code for several years. 17 Public notice requirements for preliminary plats are somewhat unclear currently. In 9-12-7, “Staff Review and Approval of Preliminary Plat,” (b) specifies that notice of surface estate and mineral state is required. However, Table 4-2 is relatively unclear as it does not specifically reference preliminary plats. Additionally, the references to mineral rights owners have been updated to meet notification requirements under state law. Attachment A - Ordinance 8620 – Annotated Item 4B - Title 9 Code Section Improvements Page 14 of 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 application and prior to final action or any hearing 5 Applications requiring BOZA action, wetland permit and boundary determination To property owners within 300 feet of subject property a minimum of 10 days before final action Post property a minimum of 10 days from receipt of application and prior to final action or any hearing 6 Development Review Applications (site review, use review, annexation, rezoning, concept plans) To property owners within 600 feet of subject property and any mineral rights owners a minimum of 10 days before final action and mineral rights owners a minimum of 30 days before initial hearing or decision Post property a minimum of 10 days from receipt of application and prior to final action or any hearing 7 Form-based code review To property owners and all addresses within 600 feet of the subject property and any mineral rights owners a minimum of 10 days before final action and mineral rights owners a minimum of 30 days before initial hearing or decision Post property a minimum of 10 days from receipt of application and prior to final action or any hearing 8 Use review applications for oil and gas operations To property owners, all addresses, and the local government designee of any local government within 5,280 feet (one mile) of the subject property and any mineral rights owners upon finding an application complete and a minimum of 10 days before final action and any mineral rights owners at that time and a minimum of 30 days before initial hearing Post property a minimum of 10 days from receipt of application and prior to final action or any hearing … (e) Notice - Mineral Estate: The purpose of this notice provision is to comply with the notification of surface development requirements in article 24-65.5, C.R.S. The city manager will waive the notice requirements for mineral estate owners under this subsection for use review applications that will not result in the construction of a new building. The applicant shall:18 (1) At least thirty days before any initial hearing or, if none, before a final decision on a development review application, send notice, by first classcertified mail, return receipt requested, or by a nationally recognized overnight courier, to the mineral estate owner. (2) Provide in the notice a statement about how the decision will be made, rights of appeal, the location of the property that is the subject of the application, and the name of the applicant, the City of Boulder as the approving authority, and the name and address of the mineral estate owner. (3) Identify the mineral estate holder in a manner consistent with § 24-65.5-103, C.R.S. (4) Certify, in a form acceptable to the city manager, that such notice has been provided to the mineral estate owner. The certification shall identify the name and address of the mineral estate owners to whom notices were sent. This certification is a condition of approval. 18 The references to mineral rights owners have been updated to meet notification requirements under state law. Attachment A - Ordinance 8620 – Annotated Item 4B - Title 9 Code Section Improvements Page 15 of 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 13. Section 9-5-2, “Zoning Districts,” B.R.C. 1981, is amended to read as follows: 9-5-2. Zoning Districts. … (c) Zoning District Purposes: (2) Mixed Use Districts: (A) Mixed Use - 1: Mixed use areas which are primarily intended to have a mix of residential and nonresidential land uses within close proximity to each other and where complementary business uses may be permitted. (B) Mixed Use - 2: Mixed use residential areas adjacent to a redeveloping main street area, which are intended to provide a transition between a main street commercial area and established residential districts. Residential areas are intended to develop in a pedestrian-oriented pattern, with buildings built up to the street; with residential, office, and limited retail uses; and where complementary uses may be allowed. (C) Mixed Use - 3: Areas of the community that are changing to a mixture of residential and complementary nonresidential uses, generally within the same building. (D) Mixed Use - 4: Mixed use residential areas generally intended for residential uses with neighborhood-serving retail and office uses; and where complementary uses may be allowed. It is anticipated that development will occur in a pedestrian-oriented pattern, with buildings built up to the street. (3) Business Districts19 (EA) Business - Transitional 1 and Business - Transitional 2: Transitional business areas which generally buffer a residential area from a major street and are primarily used for commercial and complementary residential uses, including without limitation, temporary lodging and office uses. (FB) Business - Main Street: Business areas generally anchored around a main street that are intended to serve the surrounding residential neighborhoods. It is anticipated that development will occur in a pedestrian-oriented pattern, with buildings built up to the street; retail uses on the first floor; 19 Correct erroneous listing of Business districts within the Mixed Use classification to align with table. Attachment A - Ordinance 8620 – Annotated Item 4B - Title 9 Code Section Improvements Page 16 of 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 residential and office uses above the first floor; and where complementary uses may be allowed. (GC) Business - Community 1 and Business - Community 2: Business areas containing retail centers serving a number of neighborhoods, where retail- type stores predominate. (HD) Business - Commercial Services: Commercial areas primarily used to provide to the community a wide range of retail and commercial uses including repair, service, and small-scale manufacturing uses and where complementary uses may be allowed. (IE) Business - Regional 1 and Business - Regional 2: Business centers of the Boulder Valley, containing a wide range of retail and commercial operations, including the largest regional-scale businesses, which serve outlying residential development; and where the goals of the Boulder Urban Renewal Plan are implemented. (34) Downtown Districts: … (45) Industrial Districts: … (56) Public Districts: … (67) Agricultural Districts: … (78) Flex Districts: A combination of use, form, and intensity standards not reflected in any existing zoning district. Rezoning to a flex district may only be initiated by the planning board or city council as part of an annexation, rezoning after concept review, or area plan, and upon the determination that the flex zone would implement the goals of the Boulder Valley Comprehensive Plan. When rezoning to a flex district, the rezoning ordinance shall identify the specific use, form, and intensity modules which shall be identified on the official zoning map. Nothing in this section shall be construed to prevent city council from creating new zoning districts. Section 14. Section 9-6-3, “Specific Use Standards - Residential Uses,” B.R.C. 1981, is amended to read as follows: 9-6-3. Specific Use Standards – Residential Uses. (a) Residential Uses: Attachment A - Ordinance 8620 – Annotated Item 4B - Title 9 Code Section Improvements Page 17 of 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 … (2) Residential Uses in the IG and IM Zoning Districts: The following standards apply in the IG and IM zoning districts to residential uses that may be approved pursuant to a use review: (B) Floor Area Ratios (FAR): Residential floor area is limited to a 1.0 FAR on a lot or parcel and non-residential floor area is limited to a 0.5 FAR in the IG zone and 0.4 FAR in the IM zone. If at least 0.3 FAR of light industrial manufacturing or research and development use is on the lot or parcel, the residential FAR may be increased to 1.25 FAR in each zone. 20 Section 15. Section 9-6-5, “Specific Use Standards - Commercial Uses,” B.R.C. 1981, is amended to read as follows: 9-6-5. Specific Use Standards - Commercial Uses. … (d) Mobile Food Vehicle: (1) The following applies to any mobile food vehicle use: (A) Standards: Mobile food vehicle sales on private property, public property, or in the public right-of-way are allowed by right if the use meets the following standards: … (v) No person shall operate a mobile food vehicle sales use without a permit or in violation of the conditions of a permit. The permit will be valid for twelve consecutive monthsup to two years, or such other time as the city manager may by rule designate. Such application shall meet the following requirements: 21 … 20 Correct error from Ordinance 8599 to make use type consistent with terminology in use table. 21 City licensing staff would like to update the licensing term to two years. This change had previously been passed in another ordinance, but was inadvertently not included in a later update to the chapter. The original change was not reviewed by the Planning Board, which is required to review all changes to the land use code. This change would modify the licensing term and provide required notice to Planning Board of this change. Attachment A - Ordinance 8620 – Annotated Item 4B - Title 9 Code Section Improvements Page 18 of 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 16. The maximum cumulative coverage and wall length articulation lines of Table 7-1: Form and Bulk Standards in Section 9-7-5, “Schedule of Form and Bulk Standards,” B.R.C. 1981, are amended to read as follows: 9-7-1. Schedule of Form and Bulk Standards. The purpose of this chapter is to indicate the requirements for lot dimensions and building form, bulk, location and height for all types of development. All primary and accessory structures are subject to the dimensional standards set forth in Table 7-1 of this section with the exception of structures located in an area designated in Appendix L, "Form-Based Code Areas," subject to the standards of Appendix M, "Form-Based Code." No person shall use any land within the City authorized by Chapter 9-6, "Use Standards," B.R.C. 1981, except according to the following form and bulk requirements unless modified through a use review under Section 9-2-15, "Use Review," B.R.C. 1981, or a site review under Section 9-2-14, "Site Review," B.R.C. 1981, or granted a variance under Section 9-2-3, "Variances and Interpretations," B.R.C. 1981, or as approved under the provisions of Section 9-2-16, "Form-based code review," B.R.C. 1981. TABLE 7-1: FORM AND BULK STANDARDS Zoning District A RR-1 RR-2 RE RH-2 RH-5 P RL-1 RM-2 RMX-1 BT-2 BT-1 BC BR IS-1 IS-2 IG IM RL-2 RM-1 RH-4 MU-1 RM-3 RH-1 RH-6 RMX-2 RH-3 RH-7 BCS MU-3 BMS MU-4 DT-1 DT-2 DT-3 DT-5 DT-4 MU-2 IMS MH Form module a b c d e f g h i j k l m n o p q r s Maximum cumulative coverage of all accessory buildings regardless of location (m) For residential uses - no greater than coverage of the principal building22 Wall length articulation standards for side walls over 14' in height within 20' ofand less than 14' from the side property line23 See Section 9-7- 10 n/a See Section 9-7-10 n/a See Section 9-7- 10 n/a … Footnotes to Table 7-1, Form and Bulk Standards: In addition to the foregoing, the following miscellaneous form and bulk requirements apply to all development in the city: … 22 The code already dictates building coverage limits, making this unnecessarily duplicative and punitive. 23 Drafting error from previous code change. Attachment A - Ordinance 8620 – Annotated Item 4B - Title 9 Code Section Improvements Page 19 of 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (e) For other setback standards regarding garages, open parking areas, and flagpoles, see Paragraph 9-7-2(b)(8d), B.R.C. 1981.24 (f) Where a rear yard backs on a street, see Paragraph 9-7-2(b)(7c), B.R.C. 1981.25 … Section 17. Section 9-7-2, “Setback Standards,” B.R.C. 1981, is amended to read as follows: 9-7-2. Setback Standards. … (b) Side Yard Setback Standards: (1) Setbacks for Upper Floors in Non-Residential Zoning Districts: A principal building constructed with a side yard setback of zero for the first story above grade in the BC-2, BR-1, DT-1, DT-2, DT-3, DT-4, DT-5, IS-1, IG or IM zoning districts, where the side yard setback is noted as "0 or 12," will be allowed tomay have upper stories set back stories either five feet or the distance required by Chapter 10-5 "Building Code,” B.R.C. 1981, whichever is greater. above the first story that is at or above the finished grade the greater of five feet or the distance required by Chapter 10-5, "Building Code," B.R.C. 1981. 26 … Section 18. Figure 7-3 in Section 9-7-5, “Building Height,” B.R.C. 1981, is replaced as follows: 9-7-5. Building Height … 24 Fixing inaccurate references. 25 Fixing inaccurate references. 26 This is clearer language about this requirement. Attachment A - Ordinance 8620 – Annotated Item 4B - Title 9 Code Section Improvements Page 20 of 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 27 … (e) Height Calculations for Attached Buildings: … 27 This graphic has been updated to provide more clarity about the steps to measure height. Attachment A - Ordinance 8620 – Annotated Item 4B - Title 9 Code Section Improvements Page 21 of 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (2) Separate buildings in compliance with Paragraph (de)(1) of this section, and which exceed the maximum permitted height allowed by Section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981, may be considered by the planning board pursuant to Section 9-2-14, "Site Review," B.R.C. 1981.28 … Section 19. Section 9-7-6, “Building Height, Conditional,” B.R.C. 1981, is amended to read as follows: 9-7-6. Building Height, Conditional (a) High Density Residential District Administrative Review Criteria: In the RH zones, principal building height may be increased to forty feet if: 29 … Section 20. Figure 7-14 in Section 9-7-10, “Side Yard Wall Articulation,” B.R.C. 1981, is replaced as follows: 9-7-10. Side Yard Wall Articulation. … 28 Fix inaccurate reference. 29 This is not an administrative review; this reference has been updated to reflect current practice. Attachment A - Ordinance 8620 – Annotated Item 4B - Title 9 Code Section Improvements Page 22 of 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30 … Section 21. Section 9-9-6, “Parking Standards,” B.R.C. 1981, is amended to read as follows: 9-9-6. Parking Standards … (d) Motor Vehicle Parking Design Standards: … (5) Parking Design Details: … 30 This graphic has been updated to provide more clarity on what counts towards side yard wall articulation. Attachment A - Ordinance 8620 – Annotated Item 4B - Title 9 Code Section Improvements Page 23 of 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (B) With the exception of parking areas for detached dwelling units, All all parking areas are shall be paved with asphalt, concrete, or other similar permanent, hard surface except for parking areas for detached dwelling units. Parking areas for detached dwelling units shall be surfaced with materials capable of sustaining the weight and impacts of the associated vehicle usage. 31 ... (f) Motor Vehicle Parking Reductions: … (3) Alternative administrative parking reductions by land use: The parking requirements in Section 9-9-6, “Parking Standards,” B.R.C. 1981, may be reduced if the following standards are met. These standards shall not be permitted to be combined with the parking reduction standards in Subparagraphs (f)(2) of this section. … (B) Mixed Use Developments: The city manager may reduce the amount of required parking in a mixed-use development by up to ten percent in the BMS, IMS, MU-1, MU-2, MU-3 and RMX-2 zoning districts, or in all other nonresidential zoning districts in Section 9-5-2, “Zoning Districts,” B.R.C. 1981, by up to a twenty-five-percent parking reduction if the following requirements are met:32 … Section 22. Section 9-9-11, “Useable Open Space,” B.R.C. 1981, is amended to read as follows: 9-9-11. Useable Open Space … (f) Special Open Space Requirements Applicable to Residential Uses: Useable open space for residential uses also includes: (1) Individual bBalconies, decks, porches, and patio areas associated with an individual dwelling unit or common open spaces on a roof or elevated above the first story, that are not intended or designed to be enclosed, if the minimum size of such individual balcony, deck or patiothe applicable open space is not less than 31 The Design & Construction Standards (DCS) specifies this surface treatment for parking areas but the land use code does not specify required surfacing for detached dwelling units. This change specifies that the city manager has discretion over those areas to avoid maintenance challenges in the future. 32 Correct typo from recent Ordinance 8599. Attachment A - Ordinance 8620 – Annotated Item 4B - Title 9 Code Section Improvements Page 24 of 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 thirty-six36 square feet and not less than forty-eight48 inches in any dimension or porches that meet the requirements of section 9-7-4, "Setback Encroachments for Front Porches," B.R.C. 1981. Such areas shall count for no more than twenty- five25 percent of the required useable open space. 33 … Section 23. Section 9-9-12, “Landscaping and Screening Standards,” B.R.C. 1981, is amended to read as follows: 9-9-12. Landscaping and Screening Standards … (d) General Landscaping and Screening Requirements: … (2) Landscape and Screening Planting, Maintenance, and Replacement: (i) Planting: Required landscaping and screening shall be planted between March 1 and October 15. Bare root stock shall be planted between March 1 and April 30 or prior to plants leafing out. Stock, other than container- grown stock, shall be planted between March 1 and June 1 or between September 1 and October 15. The city manager may approve planting at different times based on weather conditions that allow for successful planting. 34 (ii) Maintenance and Replacement: The property owner shall maintain all required landscaping and provide for replacement of plant materials that have died or have otherwise been damaged or removed, and maintenance of all non-live landscaping materials, including, but not limited to, fencing, paving, irrigation systems, and retaining walls from the issuance of a certificate of occupancy or certificate of completion. … Section 24. Section 9-10-2, “Continuation or Restoration of Nonconforming Uses and Nonstandard Buildings, Structures, and Lots,” B.R.C. 1981, is amended to read as follows: 33 These changes clarifies language in this section to be more flexible for porches, rather than rigidly applying 9-7-4 standards. 34 This language is similar to text in the Design and Construction Standards to address successful times of year for planting. This reflects landscaping inspection practice that has been underway for years. Attachment A - Ordinance 8620 – Annotated Item 4B - Title 9 Code Section Improvements Page 25 of 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9-10-2. Continuation or Restoration of Nonconforming Uses and Nonstandard Buildings, Structures, and Lots … (b) Damage by Fire, Flood, Wind, or Other Calamity or Act of God and Unsafe Buildings: A nonstandard building or structure, a building or structure that contains a nonconforming use, or a building or structure on a nonstandard lot, that has been damaged by fire, flood, wind, or other calamity or act of God may be restored to its original condition, or any building declared unsafe under the building code or any other applicable safety or health code may be restored to a safe condition, provided that such work is consistent with the requirements of Section 9-3-3, "Regulations Governing the One Hundred-Year Floodplain," B.R.C. 1981, started within twelve monthstwo years of such event, and completed within twenty-four monthsthree years of the date on which the restoration commenced. 35 … Section 25. Section 9-12-5, “Minor Subdivision,” B.R.C. 1981, is amended to read as follows: 9-12-5. Minor Subdivision … (b) Limitations: The provisions of this section shall not apply to a replat that: (1) Requires any variations modifications to section 9-12-12, "Standards for Lots and Public Improvements," B.R.C. 1981; 36 … Section 26. Section 9-12-7, “Staff Review and Approval of Preliminary Plat,” B.R.C. 1981, is amended to read as follows: 9-12-7. Staff Review and Approval of Preliminary Plat … (b) Notice of Surface Estate: The city manager shall notify tenants of the property and abutting property owners by first class mail that the subdivision is proposed and that any 35 In many recent cases of calamity events, beginning work within twelve months has been difficult. This change would provide more flexibility for properties to begin and complete work after calamities occur. 36 The code was updated to consistently use the term “modifications” rather than variations several years ago; this remains due to a drafting error. Attachment A - Ordinance 8620 – Annotated Item 4B - Title 9 Code Section Improvements Page 26 of 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 questions or comments thereon may be directed to the planning department of planning and community development. 37 (c) Notice of Mineral Estate: The purpose of this notice provision is to comply with the notification of surface development requirements in article 24-65.5, C.R.S. The applicant shall: 38 (1) At least thirty days before any initial hearing or, if none, beforea final decision on an application for development, send notice, by first classcertified mail, return receipt requested, or by a nationally recognized overnight courier to the mineral estate owner; (2) Provide in the notice a statement about how the decision will be made, rights of appeal, the location of the property that is the subject of the application, and the name of the applicant, the City of Boulder as the approving authority and the name and address of the mineral estate owner; (3) Identify the mineral estate holder in a manner consistent with § 24-65.5-103, C.R.S.; and (4) Certify, in a form acceptable to the city manager, that such notice has been provided to the mineral estate owner. The certification shall identify the name and address of the mineral estate owners to whom notices were sent. This certification is a condition of approval. … Section 27. Section 9-12-8, “Final Plat,” B.R.C. 1981, is amended to read as follows:39 9-12-8. Final Plat … (b) In order to obtain city manager review of a final plat, the subdivider shall submit a final plat that conforms to the approved preliminary plat, includes all changes required by the manager or the planning board, and includes the following information: … (4) Accurate dimensions for all lines, angles and curves used to describe boundaries, public improvements, easements, areas to be reserved for public use and other important features. (All curves shall be circular arcs and shall be defined by the 37 This is an outdated reference to the department name. Throughout the land use code, “planning department” is the consistently used term. 38 The references to mineral rights owners have been updated to meet notification requirements under state law. 39 Surveyors sometimes use “more or less” calculations on plats and the City Attorney’s Office has interpreted this as acceptable. Surveyors have indicated that it is standard practice to use “more or less” terminology for dimensions as monuments can slightly move or other surveyors may have slightly different measurements in the future. This change aligns with standard surveying practice and the Ci ty Attorney’s Office interpretation. Attachment A - Ordinance 8620 – Annotated Item 4B - Title 9 Code Section Improvements Page 27 of 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 radius, central angle, tangent, arc and chart distances. All dimensions, both linear and angular, are to be determined by an accurate control survey in the field that must balance and close within a limit of one in ten thousand. No final plat showing plus or minus dimensions will be approved.); … Section 28. Section 9-12-9, “Lot Line and Boundary Verification,” B.R.C. 1981, is amended to read as follows: 9-12-9. Lot Line and Boundary Verification The subdivider shall provide to the City a computer check to assure ensure that the exterior lines of the subdivision on the final plat close. In the absence of such verification, the City shall obtain such computer check and the subdivider shall pay the fee therefor prescribed by Subsection 4-20- 43(a), B.R.C. 1981, before recording the plat. 40 … Section 29. Section 9-12-12, “Standards for Lots and Public Improvements,” B.R.C. 1981, is amended to read as follows: 9-12-12. Standards for Lots and Public Improvements … (c) Private Utilities and Improvements: If the subdivider installs private utilities or improvements, including, without limitation, streets or water, wastewater and storm drain utilities, the subdivider shall provide mutual covenants in the deeds of all property owners of the subdivision for the continued and perpetual maintenance of the utilities or improvements. The city manager may require creation of a unit owners association formed pursuant to the Colorado Common Interest Ownership Act to own and maintain common private utilities and improvements. 41 Section 30. Section 9-13-10, “Options for Satisfaction of Inclusionary Housing Requirement,” B.R.C. 1981, is amended to read as follows: 9-13-10. Options for Satisfaction of Inclusionary Housing Requirement 40 Removing the second sentence of this section because the subsection no longer references the City doing this work, this was l anguage that was redacted in 2000 and has been incorrectly included since that time. 41 This has been added to clarify that subdividers must create a unit owners association that owns common facilities, as is already the city’s long- term practice. Attachment A - Ordinance 8620 – Annotated Item 4B - Title 9 Code Section Improvements Page 28 of 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (a) Purpose: In order to create a significant amount of permanently affordable units, to the extent permitted by this chapter, developers may satisfy the inclusionary housing requirement through any combination of the following alternate means: (1) Cash-in-Lieu Contribution: Developers may satisfy permanently affordable housing requirements by making cash contributions to the city’s affordable housing fund. The cash-in-lieu contribution will be based on the residential square footage of the development creating the inclusionary housing requirement and the applicable rate will be determined annually by the city manager. The city manager may consider the number of units in the development, the size and type of units which created the obligation, the amount that would incentivize on-site construction of permanently affordable units, and the affordability gap between market rate and permanently affordable unit prices when determining the cash-in- lieu calculation. (A) Annual Cash-in-lieu Escalator: The city manager is authorized to adjust the cash-in-lieu contribution annually on July January 1 of each year.42 … Section 31. This ordinance shall apply to any building permit, conditional use, use review, and site review applied for on or after the effective date of this ordinance; however, any project for which a complete building permit, site review, use review, or conditional use application has been submitted to the city or which has received a site review, use review, or conditional use approval prior to the effective date of this ordinance for a use inconsistent with the provisions of this ordinance will be permitted to establish the proposed use under the use standards of Chapter 9-6, " Use Standards,” B.R.C. 1981, in effect at the time the building permit, site review, use review, or conditional use application was submitted to the city. Such applicants shall be required to pursue such development approvals and meet all requirements deadlines set by the city manager and the Boulder Revised Code necessary to establish the proposed use. The applications for such project shall demonstrate compliance with all applicable laws. An applicant may seek extensions 42 In Ordinance 8601 that was adopted in 2023, significant changes were made to the Inclusionary Housing program. Additionally, Housing & Human Services staff updated the administrative regulations that accompany the code. The administrative regulations were updated to align the timing to update Cash-in-Liew amounts in January, but the ordinance language was not updated accordingly. This change aligns with the intent and the administrative regulations. Attachment A - Ordinance 8620 – Annotated Item 4B - Title 9 Code Section Improvements Page 29 of 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of a development approval granted under the use standards in effect prior to the effective date of this ordinance in accordance with the standards of Subsection 9-2-12(b), “Extensions,” B.R.C. 1981, and any initial review under Paragraph 9-2-12(b)(2), “Planning Board Level Extension,” B.R.C. 1981, shall not impose as an additional condition compliance with the use standards adopted in this ordinance provided that all other requirements of this Section 5 of this ordinance have been met. Any failure to meet requirements of the city manager or this section of this ordinance will result in a denial of such application. Any subsequent application shall meet the requirements in place at the time of such subsequent application. Section 32. If any section, paragraph, clause, or provision of this ordinance shall for any reason be held to be invalid or unenforceable, such decision shall not affect any of the remaining provisions of this ordinance. Section 33. This ordinance is necessary to protect the public health, safety, and welfare of the residents of the city and covers matters of local concern. Section 34. The city council deems it appropriate that this ordinance be published by title only and orders that copies of this ordinance be made available in the office of the city clerk for public inspection and acquisition. Attachment A - Ordinance 8620 – Annotated Item 4B - Title 9 Code Section Improvements Page 30 of 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY TITLE ONLY this 15th day of February 2024. _____________________________ Aaron Brockett, Mayor Attest: ______________________________ Elesha Johnson, City Clerk READ ON SECOND READING, PASSED AND ADOPTED this 7th day of March 2023. _____________________________ Aaron Brockett, Mayor Attest: _____________________________ Elesha Johnson, City Clerk Attachment A - Ordinance 8620 – Annotated Item 4B - Title 9 Code Section Improvements Page 31 of 31 CITY OF BOULDER PLANNING BOARD AGENDA ITEM MEETING DATE: February 6, 2024 AGENDA TITLE Public hearing and consideration of a standard wetland permit application for the proposed renovation of the Chapman Drive Trailhead and construction of a pedestrian bridge over Boulder Creek generally located at 38474 Boulder Canyon Drive in Boulder County (WET2023-00020). The existing trailhead was an interim design that was installed after the 2013 floods. The proposal is intended to improve visitor safety and to provide additional amenities at the trailhead, such as trailer parking, and also proposes restoration of habitat and increased natural resource protection. Applicant: Adam Gaylord, City of Boulder OSMP Owner: City of Boulder, Open Space and Mountain Parks REQUESTING DEPARTMENT / PRESENTERS Planning & Development Services Brad Mueller, Director Edward Stafford, P.E., PTOE, Senior Civil Engineering Manager OBJECTIVE Define the steps for Planning Board consideration of this request: 1. Planning Board hears applicant and staff presentations. 2. Public Hearing. 3. Planning Board action to approve, approve with conditions, or deny the Standard Stream, Wetland and Water Body Permit. SUMMARY Project Name: Chapman Drive Trailhead and Pedestrian Bridge Item 4C - 38474 Wetland Permit Application Page 1 of 37 Location: 38474 Boulder Canyon Drive (Boulder County) Permit Type: Standard Stream, Wetland and Water Body KEY ISSUES Staff has identified the following key issues to help guide the board’s discussion: 1. Does the Stream, Wetland, and Water Body Application meet the Stream, Wetland, and Water Body Permit criteria set forth in Section 9-3-9(e)(3) and (4), B.R.C. 1981? EXECUTIVE SUMMARY The City of Boulder Open Space and Mountain Parks department (OSMP) plans to renovate the interim Chapman Drive Trailhead, which was installed after the 2013 floods. The redesigned trailhead will improve visitor safety, provide additional amenities such as trailer parking, restore habitat, and increase protection of natural resources. OSMP is also partnering with Boulder County to install a pedestrian bridge originally included in the Boulder Canyon Trail Extension Project but never constructed. The pedestrian bridge will span Boulder Creek and connect the Boulder Canyon Trail to Chapman Drive Trailhead and Chapman Drive Trail. Construction of the trail head and bridge will require impacts to Stream, Wetland and Water Body Protection areas regulated by Section 9-3-9, B.R.C. 1981. A permit for this application was issued by the city manager and then called up by the Planning Board on January 16, 2024. STAFF RECOMMENDATION Staff Findings and Recommendation: 1. Staff find that the proposed project meets the applicable Stream, Wetland, and Water Body Permit criteria set forth in Section 9-3-9€(3) and (4), B.R.C. 1981. Therefore, Staff recommends that the Planning Board adopt the following Motion: Suggested Motion Language: Motion to approve WET2023-00020, a Standard Stream, Wetland and Water Body Protection permit to allow construction of a new bridge and trailhead improvements for the Chapman Drive Trail Head, incorporating this staff memorandum and attached criteria analysis as findings of fact and subject to the recommended conditions of approval. PUBLIC FEEDBACK Item 4C - 38474 Wetland Permit Application Page 2 of 37 Stream, Wetland and Water Body Permits require that written notification is mailed to all property owners within 300 feet of the subject property a minimum of 10 days before final action and a sign is posted on the property for at least 10 days. All notice requirements of Section 9-4-3, B.R.C. 1981 have been met. Public comments regarding the Stream, Wetland, and Water Body Permit may also be received through public hearing. No public comment has been received. BACKGROUND The Chapman Drive trailhead is located at 38474 Boulder Canyon Drive (see Attachment A Vicinity Map) in unincorporated Boulder County; however, since the project is on city owned property and is a city sponsored project it is subject to the Stream, Wetland and Water Body protection regulations in Section 9-3-9, B.R.C. 1981. The project includes impacts that require a Standard Wetland Permit, a permit application was reviewed and approved by Staff on January 2, 2024. The Planning Board called up this decision on January 16, 2024. PROJECT DESCRIPTION The City of Boulder Open Space and Mountain Parks department (OSMP) plans to renovate the interim Chapman Drive Trailhead, which was installed after the 2013 floods. The redesigned trailhead will improve visitor safety, provide additional amenities such as trailer parking, restore habitat, and increase protection of natural resources. OSMP is also partnering with Boulder County to install a pedestrian bridge originally included in the Boulder Canyon Trail Extension Project but never constructed. The pedestrian bridge will span Boulder Creek and connect the Boulder Canyon Trail to Chapman Drive Trailhead and Chapman Drive Trail. Construction of the trail head and bridge will require impacts to wetland areas regulated by the B.R.C. Additional information about the project can be found in the Application (Attachment B), the Wetland Report (Attachment C), and the Site Plans (Attachment D. The proposed project will have the following impacts to city regulated wetlands and buffer areas: Permanent (sq. ft.) Temporary (sq. ft.) Wetland 0 1,344 Inner Buffer 435 936 Outer Buffer 2,644 2,004 PROCESS Item 4C - 38474 Wetland Permit Application Page 3 of 37 Section 9-3-9, B.R.C. 1981 regulates activities that impact stream, wetland and water bodies and associated buffers. Portions of this project require a standard permit for temporary impacts to regulated wetland and inner buffer areas, while impacts to the outer buffer by the trailed head improvements require a conditional permit. Since the impacts are all part of one project they are included in a Standard permit application. Standard Wetland permits are subject to review and approval by Staff and are subject to call-up to the Planning Board. The Planning Board called up the staff decision on this permit and will make a decision on it under this agenda item. The Planning Board decision is subject to call-up by the City Council. ANALYSIS OF KEY ISSUE(S) Standard Stream, Wetland, and Water Body protection permits are evaluated using criteria found in Section 9-3-9, B.R.C. (e) (3) including all of A, B, C and D along with criteria of 9-3-9 (e) (4), B.R.C. 1981. The criteria for the consideration of a Standard Stream, Wetland, and Water Body Permit and the staff’s rationale and findings as to why those standards have been satisfied for 9- 3-9 (e) 4 are listed below: Criteria for Standard Review: In addition to the standards in paragraph (e) (3) of this section, the applicant shall demonstrate that the stream, wetland or water body permit application meets the following criteria: The criteria of Section 9-3-9 (e)(3), B.R.C. 1981 have been provided in Attachment E. A. Minimization: Any direct or indirect adverse impact on a stream, wetland or water body and its associated buffer area has been minimized to the maximum extent feasible through a reduction in the size, scope or density of the project or a change of project configuration or design; The project considered design alternatives for the site and this design was selected as the one that best meets the project goals, while minimizing the impacted area. The trailhead improvements impact a small section of the outer buffer area and has been placed as far from the regulated zone as the site will allow. The replacement bridge includes temporary impacts to the wetland and inner buffer areas, but no permanent impacts to the wetland area. B. Minimal Impact: The activity will result in minimal impact or impairment to any stream, wetland or water body function; The project proposes construction access from the existing Chapman Drive bridge north of the existing trailhead. Project staging is proposed to occur outside of the regulated areas and within the footprint of the existing trailhead. There are no proposed permanent impacts to the stream or wetland. Item 4C - 38474 Wetland Permit Application Page 4 of 37 C. Protection of Species: The activity will not jeopardize the continued existence of habitat for the following species: (i) Plant, animal or other wildlife species listed as threatened or endangered by the United States Fish and Wildlife Service; (ii) Plant, animal or other wildlife species listed by the State of Colorado as rare, threatened or endangered, species of special concern; (iii) Plant, animal or other wildlife species listed in the Boulder County Comprehensive Plan as critical; and (iv) Plant, animal or other wildlife species listed in the Boulder Valley Comprehensive Plan as a Species of Local Concern. OSMP staff have contacted the USFWS and confirmed that the project does not raise concerns for any listed species or habitats. D. Mitigation Demonstration: Unavoidable direct and indirect impacts can be successfully mitigated based on the submission of a mitigation plan in conformance with the standards outlined in subsection (f) of this section. The project proposes that temporary impacts to Wetland, Inner Buffer and Outer Buffer areas be restored in place with approved seed mixes. Permanent impacts to the inner and outer buffer zones will be mitigated through the enhancement of the buffer area south of the trailhead. There are no permanent impacts to the wetland area, therefore no wetland mitigation is required. Five years of mitigation monitoring has been required as a condition of this permit. Staff’s conclusion is that the applicant has satisfied the requirements of Section 9-3-9(e)€, B.R.C. 1981, “Stream, Wetland and Water Body Permit Application Review” and recommends that the Planning Board approve the Stream, Wetland, and Water Body Permit, subject to the conditions of approval. RECOMMENDED CONDITIONS OF APPROVAL 1. The improvements shall be constructed to minimize and mitigate impacts to the existing wetlands in conformance with the conditions of the City of Boulder Wetland Permit issued for this project. 2. The restored buffer areas shall be maintained and irrigated as required to ensure seed germination, tree and shrub survival and an overall successful restoration. 3. The applicant shall obtain a site inspection and approval from the City of Boulder Floodplain and Wetlands Administrator upon completion of the project. 4. Best management practices shall be applied to all phases of the project and shall conform to the requirements of the "City of Boulder Wetlands Protection Program: Best Management Practices" adopted July, 1995; and "City of Boulder Wetlands Protection Program: Best Management Practices - Revegetation Rules" Item 4C - 38474 Wetland Permit Application Page 5 of 37 adopted July, 1998. 5. The wetland mitigation site shall be monitored annually for five years. Monitoring reports shall be submitted to the City of Boulder Planning and Development Services prior to September 1st of each year. If it is determined that the mitigation is not successful, then corrective measures will need to be established and implemented to ensure a successful wetland mitigation project. 6. The following success criteria shall be used for the wetland mitigation: • At least 80% native vegetative cover or comparable to the surrounding area. • Invasive species on the Colorado Noxious Weed Inventory list-A shall be 100% eradicated. • Invasive species on the Colorado Noxious Weed Inventory list-B shall encompass no more than 10% of the total cover of the restoration area. Approved By: ________________________ Brad Mueller, Secretary to the Planning Board ATTACHMENTS Attachment A: Vicinity Map Attachment B: Wetland Permit Application Attachment C: Wetland Report Attachment D: Civil Site Plans Attachment E: Section 9-3-9 (e) (3) “Criteria for Review” Item 4C - 38474 Wetland Permit Application Page 6 of 37 Boul derCanyonDrChapmanDrCity of Boulder Vicinity Map Subject Area:38474 Boulder Canyon Dr Location: 38474 Boulder Canyon Dr Project Name: Chapman Drive Trailhead and Bridge Review Type: Wetland Permit Public Process Review Number: WET2023-00020 Applicant: Adam Gaylord, City of Boulder Mountain Parks Subject Area Zoning District The City of Boulder has provided the data as a public service and offers no guarantees or warranties, expressed or implied, as to the accuracy and/or completeness of the information contained herein. The City of Boulder makes no warranties about the datasets and disclaims liability for all uses of the datasets, to the fullest extent permitted by applicable law. 0 620 1,240310 Feet ´ View Case Online Attachment A Item 4C - 38474 Wetland Permit Application Page 7 of 37 City of Boulder Planning & Development Services WET2020- Wetland Permit Application Wetland permits are required for development that impacts regulatory wetland and buffer zone areas and is required by Section 9-3-9 (see Table 3-1 for required permit type and exemptions) of the Boulder Revised Code. Incomplete applications will not be accepted. Please fill out every section of this form. REQUIRED MATERIALS FOR ALL PERMITS 0 Site Plan (please show the wetland and buffer zone boundaries) 0 At least two photographs of current conditions 0 Construction drawings(as applicable) TO SUBMIT YOUR WETLAND PERMIT APPLICATION 0 Save your application and supplemental files as PDFs 0 Name your materials according to the File Naming Convention in the Electronic Submittal Guide 0 Submit application and files to PDSskipatrip@bouldercolorado.gov It, CONTACT INFORMATION Applicant Contact Information Name Phone# Email Address City of Boulder OSMP c/o Adam Gaylord 303-495-8982 gaylorda@bouldercolorado.gov Address City State Zip 2520 55th St Boulder CO 80301 Property Owner Contact Information ZSame as Applicant Name Phone# Email Address Address City State Zip VTheownerofthepropertyisawareof and consentingtothe improvements beingmadei nth is perm ittingprocess. Signature of Owner: 1 Date: 10/ 13/2023 This application will not be accepted without the owner's signature. Approved as to form: t7C1re 10/11/2023 Updated June 2020 Planning&Development Services 1 1739 Broadway,3rd Floor Page 1 of 4 P.O. Box 791 Boulder,CO 80306 303-441-1880 boulderplandevelop.net Attachment B Item 4C - 38474 Wetland Permit Application Page 8 of 37 PROJECT INFORMATION Standard Conditional Permit Type(please check one) Boundary Determination Functional Evaluation Project address: 38474 Boulder Canyon Drive Project Description:please include the who, what, where, when and why in your project description (please also describe if this project is part of a larger project) The City of Boulder Open Space and Mountain Parks department(OSMP) plans to renovate the interim Chapman Drive Trailhead installed after the 2013 floods. The redesigned trailhead will improve visitor safety, provide additional amenities such as trailer parking, restore habitat, and increase protection of natural resources. OSMP is also partnering with Boulder County to install a pedestrian bridge originally included in the Boulder Canyon Trail Extension Project but never constructed. The pedestrian bridge will span Boulder Creek and connect the Boulder Canyon Trail to Chapman Drive Trailhead and Chapman Drive Trail. Construction of the trailhead and bridge will require impacts to regulated areas. As such, OSMP is submitting this application for a Standard Wetland Permit. PROJECT IMPACTS Impact Area Total Impacted Area Required Restoration Ratio permanent& temporary) square feet) area restored to area disturbed) Wetland 1,344 2:1 Inner&Outer Buffer Zone 6,019 1:1 BEST MANAGEMENT PRACTICES Describe how you will keep sediment or erosion from entering the creek. The city s contractor is responsible for drafting the plan and installing and maintaining erosion control practices during construction until final stabilization of the site occurs.The following general erosion control measures will be implemented: Silt fences shall be placed around the site during construction. Certified weed-free coconut fiber logs/waddles shall be installed in key locations around the site to limit runoff. Erosion control mats,filter logs, rock checks,durable mulch or a combination thereof shall be used in areas where concentrated water flow is likely to occur to prevent soil movement. Soils tracked from the site by vehicles shall be cleaned daily(or more frequently,as necessary)from paved roadway surfaces throughout the duration of construction. Other erosion control BMPs will be utilized as necessary. HYDROLOGY Check all that apply: Current Water Source Groundwater Stream water Rainwater Other: Future Water Source Groundwater Stream water Rainwater Other: Will your project negatively impact site hydrology? Z Yes No If yes,please describe: Updated June 2020 Planning&Development Services 1 1739 Broadway,3rd Floor Page 2 of 4 P.O. Box 791 Boulder,CO 80306 303-441-1880 boulderplandevelop.net Item 4C - 38474 Wetland Permit Application Page 9 of 37 110 MINIMIZATION Describe the steps taken to ensure that your project is causing the least amount of wetland disturbance. Please see the narrative for details. RESTORATION OF TEMPORARY IMPACTS I will be utilizing native wetland seed mix for restoration. Yes No If no,please explain: Will you be restoring at the project location? Yes No If no,please describe where your restoration will occur. t OTHER ITEMS TO CONSIDER Does your project include any of the following?Check all that apply: Bank Stabilization Native plants/landscaping are preferred over rip rap or hardened structures(as feasible). Vegetation Removal For noxious weed infestation or native habitat restoration only(applies to inner buffer). New Steps/Pathway Only allowed in buffer zones,one per property,and 4-feet wide maximum. Sediment Removal Shall not alter flood capacity.Vegetated channel bottoms shall be restored. Fill Identify the source of any fill,and the location where any fill will be placed If you checked any of the above,please describe: Please see the attache narrative and plans for details. None of these apply to my project Updated June 2020 Planning&Development Services 1 1739 Broadway,3rd Floor Page 3 of 4 P.O. Box 791 Boulder,CO 80306 303-441-1880 boulderplandevelop.net Item 4C - 38474 Wetland Permit Application Page 10 of 37 For Standard Review Applications Only PROTECTION OF SPECIES Check one and attach to application: Army Corps of Engineers Nationwide Permit Army Corps of Engineers 404 Permit AND US Fish and Wildlife Threatened & Endangered Species Permit MITIGATION PLAN Please provide a mitigation plan that addresses the following items in the order listed below. 1. Statement that mitigation plan was prepared by qualified wetland biologist 2. Existing site evaluation a. Type and value of existing wetlands b. Total area impacted (use table above) c. Total area to be mitigated (use ratios in table above) d. Construction start/end date 3. Mitigation Site a. Location b. Who owns the mitigation site (do you have their approval?) c. Description of mitigation (i.e. is the site suitable for wetlands?) d. Hydrology description i. where will the water come from to establish the wetland? ii. Who owns the water? Do you have their consent? e. Mitigation start/end date f. Probability of success of mitigation measures 4. Mitigation Site Maintenance a. Description of maintenance activities:weed control, litter removal, irrigation, water control structures, vegetation maintenance (replanting), culvert clearing b. When will maintenance start? c. Who will perform maintenance? d. How often will maintenance be performed? e. When will maintenance end? 5. Mitigation Site Monitoring a. Monitoring criteria: how will you know the site is successful?80%revegetated, no noxious weeds b. When will monitoring start? c. Who will perform the monitoring? d. When will monitoring end? Updated June 2020 Planning&Development Services 1 1739 Broadway,3rd Floor Page 4 of 4 P.O. Box 791 Boulder,CO 80306 303-441-1880 boulderplandevelop.net Item 4C - 38474 Wetland Permit Application Page 11 of 37 Chapman Drive Trailhead and Pedestrian Bridge City of Boulder Wetland Permit Application October 9,2023 1.0 Introduction The City of Boulder Open Space and Mountain Parks department(OSMP)plans to renovate the interim Chapman Drive Trailhead installed after the 2013 floods. The redesigned trailhead will improve visitor safety,provide additional amenities such as trailer parking,restore habitat, and increase protection of natural resources. OSMP is also partnering with Boulder County to install a pedestrian bridge originally included in the Boulder Canyon Trail Extension Project but never constructed. The pedestrian bridge will span Boulder Creek and connect the Boulder Canyon Trail to Chapman Drive Trailhead and Chapman Drive Trail. Construction of the trailhead and bridge will require impacts to regulated areas. As such, OSMP is submitting this application for a Standard Wetland Permit. 2.0 Project Area The project site is located west of the city of Boulder, southeast of the intersection of Boulder Canyon Drive and Chapman Drive, and west of Boulder Creek(Plan Set Cover Sheet). The project site is located on what was formerly a single family homesite(Photo 1).After the home was damaged by the 2013 floods,the City acquired the property,removed the home, and constructed an interim trailhead to provide access to Chapman Drive Trail Photo 2). The area south of the interim trailhead(Photos 2 and 3) is currently dominated by non-native groundcover,mostly smooth brome(Bromus inermis). Ponderosa pine (Pinus ponderosa) line Boulder Creek along with scattered cottonwood(Populus deltoids),Russian olive(Elaeagnus angustifolia),juniper(Juniperus scopulorum), and chokecherry(Prunus virgiana). South of the project area, an unnamed drainage flows into Boulder Creek. The south bank of this drainage is dominated by ponderosa pine trees while the north bank is mostly smooth brome with scattered chokecherry and cottonwood seedlings. a . i t h Photo 1. 2007 aerial photo of homesite damaged during 2013 floods. 1 Attachment C Item 4C - 38474 Wetland Permit Application Page 12 of 37 r Photo 2. Interim Chapman Drive Trailhead(facing south)with Boulder Creek to the right/west and the unnamed drainage in the background(2022). Photo 3. Area south of interim Chapman Drive Trailhead(facing north)with Boulder Creek to the left(west) 2022). 2 Item 4C - 38474 Wetland Permit Application Page 13 of 37 3.0 Regulated Areas An OSMP ecologist surveyed the site in 2022 to map the ordinary high water mark along Boulder Creek and an ephemeral drainage south of the proposed trailhead. Both of these features are regulated under the City of Boulder's Stream,Wetland, and Water Body Protection Program, as is the 50-foot buffer surrounding them(Plan Set Sheet C-100). 4.0 Project Description OSMP is planning to reconfigure the existing trailhead to support trailer parking, improve sustainability, and provide a safer connection from the trailhead to Chapman Trail, and to install a pedestrian bridge to connect these features to Boulder Canyon Trail west of Boulder Creek. 4.1 Chapman Drive Trailhead Redesign OMSP is planning to reorient the main parking area to accommodate a trailer turn-around and designated accessible parking. Please see the attached plan set for details. The parking lot will include 14 standard parking spots, one accessible parking spot, and up to two trailer parking spaces. The parking areas and turn around will be gravel road base over compacted subgrade. To prevent direct discharge of water into Boulder Creek,the parking area will be surrounded by curb and gutter that will direct water to a bioretention area on the north end of the trailhead. From there,water will flow west through an underground pipe. Riprap will be installed at each end of the pipe to prevent erosion. OSMP will install a pedestrian path east and south of the parking area to connect Boulder Canyon Trail,the trailhead, and Chapman Drive Trail. The trail will be surfaced with crusher fines except for the north end which will be concrete. The trail will be six feet wide, and the southern section will include three sets of timber stairs leading up to Chapman Drive. To minimize impacts to the floodplain, OSMP will install a boulder retaining wall west of the path. A second boulder retaining wall be installed on the east side of the parking area to contain the steep slope up to Chapman Drive. To protect natural resources and improve visitor safety by discouraging access to the creek and ephemeral drainage, OSMP will install a fence on the west and south sides of the parking area and trail. 4.2 Chapman Drive Pedestrian Bridge At the northwest corner of the trailhead, OSMP will install a 70-foot-long prefabricated steel bridge. Please see the attached plan set for details. The bridge will be 10-feet wide and will connect the existing Boulder Canyon Trail to the redesigned trailhead and Chapman Drive Trail. The bridge deck will be sealed concrete and the abutments will be poured concrete wing walls anchored with driven steel pilings. Pedestrian railing will be installed on either side of the concrete path on both sides of the bridge. At the base of each abutment, OSMP will remove the existing riprap and replace with 24-inch angular rock mixed with soil(aka buried riprap)to stabilize the slope while allowing for plant growth,which isn't possible now with the existing riprap. The new riprap will tie into existing riprap under the vehicle bridge. 4.3 Access and Staging The project area will be accessed by the existing Chapman Drive bridge that crosses Boulder Creek north of the existing trailhead. Staging will occur outside of the 100-year floodplain within the footprint of the existing trailhead.A temporary concrete washout area and a temporary vehicle tracking control pad will also be installed within the footprint of the existing trailhead during construction. 4.4 Project Timeline Pending on-going regulatory review and permit issuance,project construction is planned to start in the Fall/Winter of 2024 and extend into early 2025, if necessary. 3 Item 4C - 38474 Wetland Permit Application Page 14 of 37 4.5 Best Management Practices During construction, OSMP will follow all applicable Best Management Practices outlined in Wetland Protections Program Best Management Practices(City of Boulder 1995)and OSMP's Ecological Best Management Practices(City of Boulder 2013).No dewatering will be necessary. Grading limits will be clearly marked. No equipment is expected to access the water. Should equipment need to access the water,biodegradable hydraulic fluids will be used in all equipment and machinery used in the water per the county's 2016 Storm Drainage Criteria Manual. Prior to transporting equipment to the site, all machinery will be cleaned to remove aquatic nuisance species(ANS)and weed seeds in accordance with State of Colorado ANS regulations. Cleaning will include either steam(heat) or chemical cleaning,not just power washing.A"spill kit"for emergency pollutant isolation, and written clean-up procedures,will be onsite at all times during construction activity. The city's contractor is responsible for drafting the plan and installing and maintaining erosion control practices during construction until final stabilization of the site occurs. The following general erosion control measures will be implemented: Silt fences shall be placed around the site during construction. Certified weed-free coconut fiber logs/waddles shall be installed in key locations around the site to limit runoff. Erosion control mats, filter logs,rock checks, durable mulch or a combination thereof shall be used in areas where concentrated water flow is likely to occur to prevent soil movement. Soils tracked from the site by vehicles shall be cleaned daily(or more frequently, as necessary) from paved roadway surfaces throughout the duration of construction. Other erosion control BMPs will be utilized as necessary. 5.0 Impacts to Regulated Areas The proposed project requires 3,079 square feet of permanent impacts and 4,284 square feet of temporary impacts to regulated areas (Table 1). The project will also increase the amount of impervious surface in the regulated buffers by 1,178 square feet(concrete abutments,paths, and curb/gutter). 4 Item 4C - 38474 Wetland Permit Application Page 15 of 37 Table 1.Proposed wetland and buffer impacts by activity e. Proposed Impacted Area(ft) Activity Wetland Inner Buffer Outer Buffer Temporary Permanent Tem ora Permanent Temporary Permanent Buildings and Additions Other Structures: Retaining Walls 0 276 New Fences 2 66 Pavement, Surface, & Trails: Cement Paths 0 288 0 459 Crusher Fine 0 0 0 1,180 Trail Trailhead 0 0 315 0 Planting Areas Curb and Gutter 0 0 0 153 Parking Area 0 0 0 500 Associated 539 0 1,689 0 Grading Landscaping& Landscape Maintenance: Stream Channel Flood Improvements: Bridge 0 0 131 0 Abutments Culvert Outlet 0 0 14 10 Abutment Riprap 1,344 397 0 0 Total 1,344 0 936 435 2,004 2,644 Note: Blank cells equate to zero square feet. 6.0 Mitigation The proposed project requires 3,079 square feet of permanent impacts and 4,284 square feet of temporary impacts to regulated areas. Temporary impacts will be restored in place. Permanent impacts will be mitigated by enhancing approximately 3,200 square feet of mostly inner buffer south of the trailhead,path, and fence(Plan Set Sheet C-103). OSMP will remove existing vegetation(a monoculture of smooth brome)and the top six inches of soil to dispose of offsite. The area will then be ripped to decompact soil, seeded with native grass and forb 5 Item 4C - 38474 Wetland Permit Application Page 16 of 37 species,blanketed with 100%biodegradable erosion blanket, and planted with native shrubs.Plant material will be obtained from commercial nurseries and seed suppliers or supplied by OSMP. Only local genotypes will be used. Commercial seed lots will be tested for viability and purity and seed lots contaminated with weed seed will be rejected.Native seed collected through OSMP's volunteer native seed collection program may also be used. Any willow cuttings used for the project will be harvested from OSMP land. 7.0 Monitoring OSMP will monitor the mitigation area annually for five years. OSMP proposes the following success criteria: At least 80%native vegetative cover or comparable to the surrounding area. Invasive species on the Colorado Noxious Weed Inventory list-A shall be 100%eradicated. Invasive species on the Colorado Noxious Weed Inventory list-B shall encompass no more than 10%of the total cover of the restoration area. 8.0 Alternatives Analysis OSMP examined numerous design alternatives to avoid and/or minimize impacts while still achieving the project's objectives. The following is a summary of the alternatives explored and their potential outcomes. 1. No action. This option would eliminate the impacts described above. However,without constructing the bridge,the multiuse path west of the creek would lack a connection to Chapman Drive Trail. Without redesigning the trailhead,horse and handcycle use of the area is limited because of lack of trailer parking. For these reasons,the no action alternative was rejected. 2. Creek Access OSMP considered adding infrastructure to allow access to Boulder Creek but determined that 1) conditions along this stretch of creek are not conducive to safe visitor use and 2)impacts to regulated areas were too great. 3. Larger Trailhead OSMP considered enlarging the trailhead further with more parking spots and visitor amenities. However,this option would have required additional impacts to the regulated buffer around the ephemeral drainage south of the trailhead. 9.0 Regional and Federal Clearances The proposed project requires clearances from Boulder County. 9.1 Boulder County Portions of the project are located within the Boulder County and FEMA 100-year floodplain. OSMP has been in contact with Kelly Watson,Floodplain Specialist with Boulder County Community Planning and Permitting,who confirmed that the project will require an individual Floodplain Development Permit(FDP). OSMP will submit an application for a floodplain development permit and a grading permit. 9.2 Federal Clearances Boulder Creek is jurisdictional under the Clean Water Act. The project falls under Nationwide Permit 14—Linear Transportation Project. The project will result in less than 0.1 acres of impact to Boulder Creek so no Preconstruction Notification(PCN)is required. 6 Item 4C - 38474 Wetland Permit Application Page 17 of 37 The project is not located within Colorado Parks and Wildlife mapped occupied range or U.S. Fish and Wildlife Service(USFWS) designated critical habitat for Preble's meadow jumping mouse. Habitat impacts from the project are expected to be minimal and confined to the former homesite with no impacts to riparian trees or shrubs. 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Criteria for all zones: In all zones, the following criteria apply: (i) Any activity requiring conditional use or standard review shall not result in a significant change to the hydrology affecting the stream, wetland or water body. Percolation of storm runoff on-site through vegetated swales, permeable paving materials or other similar methods to slow and clean runoff being discharged directly into the wetland, stream or water body may be required as part of the permit. The proposed project has no impacts to site hydrology. (ii) Minimization: The applicant shall demonstrate that the activity is designed and located to minimize direct or indirect impacts to the adjacent wetland, stream or water body. The project considered design alternatives for the site and this design was selected as the one that best meets the project goals, while minimizing the impacted area. The trailhead improvements impact a small section of the outer buffer area and have been placed as far from the regulated zone as the site will allow. The replacement bridge includes temporary impacts to the wetland and inner buffer areas, but no permanent impacts to the wetland area. (iii) Mitigation: If required, the applicant shall demonstrate that unavoidable direct and indirect impacts to vegetation, pervious surface or hydrology affecting the adjacent stream, wetland or water body can be successfully mitigated through design of the activity or by compensating for the impact. The project has proposed mitigation for impacts to the buffer areas through enhancement of approximately 3,200 square feet of mostly inner buffer area south of the trailhead, path and proposed fence that can successfully mitigate the impacts of the activity. (iv) Restoration of Temporary Impacts: The applicant shall demonstrate that direct, temporary impacts to a wetland, stream water body, or buffer area will be successfully restored according to the requirements in subsection (f) of this section. The project proposes that temporary impacts to Wetland, Inner Buffer and Outer Buffer areas be restored in place with approved seed mixes. (v) Application of Best Management Practices: The applicant shall demonstrate compliance, at a minimum, with all applicable city rules concerning best management practices as described in chapter 9-16, "Definitions," B.R.C. 1981. Section 9-16“Definitions” B.R.C. defines best management practices as Item 4C - 38474 Wetland Permit Application Page 35 of 37 Atachment E economically feasible conservation practices, and land and water management measures that avoid or minimize adverse impacts to the chemical, physical, or biological characteristics of wetlands. These practices may be further described in rules promulgated by the city manager, which may be amended from time to time, pursuant to Chapter 1-4, "Rulemaking," B.R.C. 1981. Such practices include, without limitation, avoiding wetlands whenever practicable; controlling soil loss; reducing water quality degradation; appropriate use of native wetland plant material; and minimizing the impacts on hydrologically connected surface and ground water and on the plants and animals that it supports. The rules presently used are "City of Boulder Wetlands Protection Program: Best Management Practices" adopted July, 1995; and "City of Boulder Wetlands Protection Program: Best Management Practices -Revegetation Rules" adopted July, 1998. (Wetlands). The proposed project will conform with the city rules concerning best management practices. Compliance with the Wetland Protection Program: Best Management Practices has been required as a condition of the Stream, Wetland and Water Body Permit B. Criteria for the Outer Buffer Zone: In the outer buffer zone, the following criteria shall apply: (i) The provisions of Subparagraph (e)(3)(A) of this section. The criteria analysis for Section (e)(3)(A) is provided above. (ii) Impervious surface coverage: Any new building or attached structure, expansion of an existing building or attached structure, new surfacing or expansion of an existing surface that would result in a cumulative total of twenty percent or more impervious surface in the outer zone on the property shall provide mitigation according to the requirements in subsection (f) of this section for the loss of pervious surface. The project does not propose an expansion of more than 20% of the impervious surface area in the outer buffer. C. Criteria for the Inner Buffer Zone: In the inner buffer zone, the following criteria shall apply: (i) The provisions of Subparagraph (e)(3)(A) of this section. The criteria analysis for Section (e)(3)(A) is provided above. (ii) The provisions of Subparagraph (e)(3)(B) of this section. The criteria analysis for Section (e)(3)(B) is provided above. (iii) Channel bank protection or stabilization shall utilize, to the extent feasible, techniques that involve landscaping with appropriate native plants rather than rock or artificially hardened structures. The project does not include bank protection or stabilization. (iv) All new plant material adjacent to wetlands or water bodies or along the banks of a stream shall be consistent with all applicable city rules concerning best management practices as described in chapter 9-16, Item 4C - 38474 Wetland Permit Application Page 36 of 37 Atachment E "Definitions," B.R.C. 1981. Mitigation monitoring for restoration projects may be required by the city manager. The proposed restoration plan includes native seed mixes in accordance with the City of Boulder Wetland Protection Program Best Management Practices Revegetation Rules. Five years of mitigation monitoring has been required as a condition of the Stream, Wetland and Water Body Permit. (v) "Vegetation removal - major" shall only be allowed to prevent noxious weed infestation, provide for native habitat restoration or for other permitted projects. Major removal of vegetation shall be mitigated within the inner buffer according to the requirements in subsection (f) of this section. The project does not include “Vegetation removal – major”. (vi) New steps, paths or other minor access to or over a stream on private property will be permitted if there is no more than one access on an individual property, the path or steps are designed to have minimal impact to the wetland, stream or water body, and the path and the area of impact does not exceed four feet in width. The project does not include new access on private property. D. Criteria for the Wetland, Stream or Water Body: In the wetland, stream, or water body, the following criteria shall apply: (i) The provisions of Subparagraph (e)(3)(A) of this section. The criteria analysis for Section (e)(3)(A) is provided above. (ii) The provisions of Subparagraph (e)(3)(B) of this section. The criteria analysis for Section (e)(3)(B) is provided above. (iii) The provisions of Subparagraph (e)(3)(C) of this section. The criteria for Section (e)(3)(C) are provided above. (iv) Replacement or repair of an existing fence shall be generally in the same location and not result in additional impacts to the wetland, stream, or water body. The project does not replace existing fences. (v) Utility line or drop structure maintenance or repair shall not impact the existing functions of the wetland, stream, or water body. The project does not include repairs to utility lines or drop structures. (vi) Activities conducted solely for the purpose of removing stream sediment shall not alter the flood capacity as shown on the adopted floodplain maps. Vegetated channel bottoms shall be restored and stabilized. Removal of sediment is not proposed in the project. Item 4C - 38474 Wetland Permit Application Page 37 of 37 C I T Y O F B O U L D E R PLANNING BOARD INFORMATION ITEM TO: Planning Board FROM: Brad Mueller, Director Planning & Development Services Kristofer Johnson, Comprehensive Planning Senior Manager DATE: February 6, 2024 SUBJECT: South Boulder Creek Flood Mitigation Project and Annexation EXECUTIVE SUMMARY The purpose of this item is to update the Planning Board on the South Boulder Creek Flood Mitigation Project (the “project”) being developed by the city’s Stormwater and Flood Management Utility department (the “flood utility”), and associated proposed annexation to facilitate its construction, operations, and maintenance. This item is for informational purposes only and does not require Planning Board action at this time. PROJECT BACKGROUND South Boulder Creek Flood Mitigation Project The South Boulder Creek (SBC) Flood Mitigation Project is intended to protect life and safety by addressing flooding in the area known as the West Valley. There are an estimated 600 structures and 3,500 people in the South Boulder Creek floodplain within city limits. Over the last 80 years, South Boulder Creek has had six significant flood events, with overtopping of US 36 happening in 1969 and 2013. The South Boulder Creek Major Drainageway Plan was approved by City Council in 2015. The plan includes three phases with the first phase being a regional detention facility upstream of US 36 on and near the property commonly referred to as “CU South.” The South Boulder Creek Flood Mitigation Project will protect approximately 2,300 residents and 260 structures from a 100-year flood (1% annual chance of occurring) on South Boulder Item 5A - SBC Flood Mitigation Project and Annexation Page 1 of 5 Creek. Staff have been working collaboratively with the property owners, including the University of Colorado–Boulder, city Open Space and Mountain Parks (OSMP), and the Colorado Department of Transportation (CDOT). The project has completed a conceptual alternatives analysis, preliminary 30% design, and is nearing completion of a 60% design. The design includes a dam and flood storage that requires use of city-owned land adjacent to US 36 for the construction of a floodwall and spillway. It is scheduled to begin construction starting in late 2024. See Attachment A for an overview of the project. More information on the proposed design can be found on the project website. A design update was also presented to the Open Space Board of Trustees (OSBT) at their October 11, 2023, meeting. The project requires formal transfer of 2.2 acres of city open space to utilities for flood mitigation purposes. The land will need to be transferred using the OSMP disposal process, which requires approval from OSBT and City Council. Proposed Annexation Additionally, and in parallel with the disposal, the city is pursuing annexation of 4.1 acres of OSMP property that is currently outside the city limit to be utilized for the flood project features adjacent to US 36 (application LUR2024-00001 for 5600 Table Mesa Rd). The total area of the proposed annexation is approximately 27.4 acres and will include the permanent location of the floodwall and spillway, a temporary construction access area, and adjacent US 36 right-of-way (see Figure 1). Annexing this area into the city will facilitate more efficient construction and on-going operations and maintenance of the project features. Land may be considered for annexation to the city if the annexation would comply with state annexation statutes and the policies of Boulder Valley Comprehensive Plan (BVCP). The Figure 1: Proposed Annexation Site Context Table Mesa Dr Foothills Pkwy S Boulder Rd Item 5A - SBC Flood Mitigation Project and Annexation Page 2 of 5 proposal must be reviewed for compliance with the Colorado state statutes of 31-12-101, et seq. C.R.S., BVCP policies 1.08 Adapting to Limits on Physical Expansion, 1.10 Growth Requirements, and 1.17 Annexation, and other applicable ordinances of the city. If a property is annexed, zoning will be established consistent with the goals and land use designations of the BVCP. The BVCP provides a framework for annexation and urban service provision within the city. Specifically, Policy 1.17(h). states that publicly owned properties in Area III are allowed to be annexed if they are intended to remain in Area III and will require less than less than a full range of urban services, or are being included in city jurisdiction for health, welfare and safety reasons. If a property is annexed, zoning will be established according to the land use designation in the Land Use Map of the BVCP. Per Section 9-2-18 of the land use code, 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 BVCP. The annexation ordinance may include the zoning ordinance for the annexed property. The city-owned land is currently designated as Open Space – Acquired (OS-A), and portions of the US 36 right-of-way near the Foothills Parkway interchange are designated as Parks, Urban and Other (PK-U/O), and Public/Semi-public (PUB), which anticipates continued use for open space, park, flood control, or other public infrastructure purposes. The proposed zoning will be Public (P) for its exclusive use as public infrastructure for the flood mitigation project. The proposed P zoning district is described in the B.R.C. as “Public areas in which public and semi-public facilities and uses are located, including without limitation, governmental and educational uses.” Upon Annexation, the property will be designated as Area III-Annex. PROCESS AND TIMELINE An information item regarding the project and open space disposal request occurred at OSBT’s January 17 meeting. A link to the staff memo for this meeting can be found here, and a video recording of the meeting is available here. Additionally, an overview of the flood utility and key project updates were provided during the January 25 City Council Study Session (memo link, video link). A joint public hearing with OSBT and City Council regarding the disposal is scheduled for February 22. OSBT deliberation and action on the disposal will occur at its March 13 meeting. City Council deliberation and action is scheduled for the March 21 meeting. Annexations also involve two public hearings. The first is conducted by the Planning Board, who will make a recommendation to the City Council whether or not the annexation should be approved, and the terms, conditions, and zoning that should be applied. City Council then holds a second public hearing before making their determination. This information item regarding the project and annexation request is being presented to you, Planning Board members, on February 6. A public hearing, deliberation, and action on the Item 5A - SBC Flood Mitigation Project and Annexation Page 3 of 5 annexation is scheduled for the March 5 Planning Board meeting. A public hearing and council consideration and action on the annexation will take place during the same March 21 meeting as the open space disposal. NEXT STEPS As noted above, city staff are currently reviewing the annexation application for compliance with state statutes, BVCP policies, and other local codes. At the February 15 City Council meeting, council will consider 1st Reading of the annexation ordinance and associated resolution establishing a final public hearing date of March 21. Planning Board will hold a public hearing and consider the annexation proposal on March 5. If you have any questions on the proposed annexation, please contact: Kristofer Johnson, Comprehensive Planning Senior Manager ATTACHMENTS Attachment A – South Boulder Creek Flood Mitigation Project Overview Item 5A - SBC Flood Mitigation Project and Annexation Page 4 of 5 U.S. 3 6 S. Boulder Rd South Boulder CreekViele ChannelDry Creek Ditch No. 2Outlet Works Spillway Dam Embankment DetentionExcavation ExistingCU Levee PUB OS-O PK-U/O S Loop Drive Modifications Upper BearCreek DitchS. Boulder andBear Creek DitchTable Mesa Dr. H w y 9 3 Ecological Restoration Area P:\16134 - South Boulder Creek\Engineering\GIS\Land Disposal\OSMP Oct 2023 Memo\Figure 1 - Project Components.mxd± 0 800 1,600400 Feet PLAN OF PROJECT COMPONENTS October 2023 SOUTH BOULDER CREEK REGIONAL DETENTION PROJECT PROJECT NO. 16134 Figure 1 CU Boulder South Boundary OSMP Land Restoration Area Item 5A - SBC Flood Mitigation Project and Annexation Page 5 of 5 CITY OF BOULDER PLANNING BOARD INFORMATION ITEM MEETING DATE: February 6, 2024 AGENDA TITLE Information Item: Boulder Municipal Airport Community Conversation Update REQUESTING DEPARTMENT / PRESENTERS Transportation & Mobility Natalie Stiffler, Director John Kinney, Boulder Airport Senior Manager Allison Moore-Farrell, Senior Transportation Planner Planning Brad Mueller, Director Kristofer Johnson, Comprehensive Planning Manager Kathleen King, Principal City Planner OBJECTIVE Share an update on the Boulder Municipal Airport Community Conversation project. EXECUTIVE SUMMARY This Information Item provides an update to City Council regarding the Boulder Municipal Airport Community Conversation. The report summarizing the Airport Community Conversation is provided in Attachment A. The City of Boulder (city) engaged in a community focused process to understand aspirational goals and desired outcomes for the future operation and/or development of the Boulder Municipal Airport (BDU). This process stems from recommendations in Item 5B - Update on Boulder Airport Community Conversation Page 1 of 4 policy 6.23 in the Boulder Valley Comprehensive Plan, increased tensions between the airport user community and the broader Boulder community, the need to improve airport facilities, and preparation for a potential future Airport Master Plan Update. The City of Boulder, along with a consultant team, conducted community conversations with stakeholders and developed a range of potential long-term scenarios for the future of the airport site. This engagement process and resulting high-level scenario analysis is intended to provide a better understanding of the desired future for BDU for city leadership and City Council. FISCAL IMPACT When the project team presented to City Council in August 2023, City Council requested additional legal and financial analysis to better understand potential future scenarios for the Boulder Municipal Airport. The project team is in the process of performing this analysis and expects to share with City Council in Q3 2024. BACKGROUND The city owns and operates BDU, which is a general aviation airport that offers business, private, and recreational aviation services to the city and surrounding communities and supports emergency aviation services as needed. From December 2022 – September 2023, the project team held a variety of community engagement activities to better understand the aspirations of impacted stakeholders, residents, and traditionally underserved communities. The community engagement activities and events conducted by the project team are outlined in Table 1: Schedule of Engagement Events, and summaries of community input from these activities are provided in the attached report. Table 1: Schedule of Engagement Activities Engagement Activity Date/Date Range In-Depth Interviews December 2022 – March 2023 City Council Presentation January 12, 2023 Community Working Group (CWG) 1 March 14, 2023 CWG BDU Airport Tour March 15, 2023 Questionnaire 1 April 6 – May 4, 2023 Public Open House 1 April 11, 2023 CWG Lunch Gathering at Airport April 12, 2023 CWG 2 April 13, 2023 Vista Village Bilingual Community Meeting April 19, 2023 San Lazaro Bilingual Community Meeting April 24, 2023 CWG Virtual Gathering May 31, 2023 CWG 3 June 7, 2023 Item 5B - Update on Boulder Airport Community Conversation Page 2 of 4 Engagement Activity Date/Date Range Public Open House 2 July 18, 2023 CWG 4 July 20, 2023 Questionnaire 2 July 12 – August 2, 2023 Vista Village Bilingual Community Meeting August 22, 2023 City Council Presentation August 24, 2023 San Lazaro Bilingual Community Meeting August 29, 2023 CWG 5 September 12, 2023 Throughout the engagement process, community members expressed a desire for near- term action items to have a likely time frame of 0-5 years and could be implemented independently from actions considered in the long-term scenarios. Figure 1: Community Input and Feedback Process details how community input was synthesized at each step of the project process to craft both near-term actions and long-term scenarios. Figure 1: Community Input and Feedback Process The project team then evaluated these scenarios based on how they align with city goals, as outlined in the Sustainability, Equity, and Resilience Framework. The report details the potential economic, environmental, and social impacts of each long-term scenario. Item 5B - Update on Boulder Airport Community Conversation Page 3 of 4 NEXT STEPS The project team will clarify any questions City Council has regarding the process, the final report and the requested legal and financial analysis. Later in 2024, staff will request direction from City Council on next steps for the future of Boulder Municipal Airport. ATTACHMENTS A.Boulder Airport Community Conversation Final Report (link) Item 5B - Update on Boulder Airport Community Conversation Page 4 of 4