Minutes - Planning Board - 4/16/2009
CITY OF BOULDER
PLANNING BOARD ACTION MINUTES
April 16, 2009
1777 Broadway, Council Chambers
A permanent set of these minutes and a tape recording (maintained for a period of seven years)
are retained in Central Records (telephone: 303-441-3043). Minutes and streaming audio are also
available on the web at: http://www.bouldercolorado.gov/
PLANNING BOARD MEMBERS PRESENT:
KC Becker
Bill Holicky
Elise Jones
Willa Johnson
Andrew Shoemaker
Adrian Sopher
Mary Young
PLANNING BOARD MEMBERS ABSENT:
STAFF PRESENT:
David Driskell, Deputy Director of Community Planning
David Gehr, Assistant City Attorney
Karl Guiler, Planner II
Brian Holmes, Planner II (Zoning Administrator)
Bev Johnson, Planner II
Julie Johnston, Senior Planner
Katie Knapp, Civil Engineer II
Ruth McHeyser, Executive Director of Community Planning
Elaine McLaughlin, Senior Planner
Susan Richstone, Long Range Planning Manager
Jessica Vaughn, Planner I
Paula Weber, Administrative Specialist III
1. CALL TO ORDER
Chair, W. Johnson, declared a quorum at 6:07 p.m. and the following business was
conducted.
2. APPROVAL OF MINUTES
On a motion by A. Sopher, seconded by W. Johnson , the Planning Board approved (5-0, A.
Shoemaker and M. Young abstained) the Feb. 24th Planning Board minutes as amended.
3. PUBLIC PARTICIPATION
Gail Gordon, 377 West Arapaho Lane, spoke about the wetlands ordinance, her concern
about the regulatory zones and supports a grandfather provision.
David Crumpacker, 315 Arapahoe, #304, spoke about the wetlands ordinance and in
support of a grandfather clause and wetland buffer.
George Thompson, 337 Arapahoe, #101,Shadow Creek resident spoke about his concern
for the current structures to be grandfathered in. He would like the ordinance to explicitly
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provide the right to maintain existing buildings and to rebuild a home without a permit in
the event of a flood or other disaster.
4. DISCUSSION OF DISPOSITIONS, PLANNING BOARD CALL-UPS
2950 Baseline use review, this item was not called up.
1121 Broadway, unit 101, this item was not called up.
1037 Kalmia, this item was not called up.
Floodplain at Table mesa, this item was not called up.
1727 15`x' Street, this item was not called up.
Bridge deck replacement, this item was not called up.
5. ACTION ITEMS
A. Public hearing and consideration of a Site Review for Height Modification #LUR2009-00003
(Pulver Residence) located at 230 Bellevue Drive, to modify the height of the proposed addition
(1,518 square feet, including 647-square foot garage) to 39.4' from the maximum permitted
height of 35' within the Residential Low-1 (RL-1) zone district. The site is comprised of 18,416
square feet.
Staff Presentation
J. Vaughn presented the item to the board.
Applicant/Owner Presentation
JV DeSousa and Page Pulver presented the item to the board.
Public Hearing
No one from the public addressed the board.
Board Discussion
A. Sopher said he will support the motion but does question whether the driveway will work for
the applicant.
B. Holicky said this request is a height variance for convenience. He understands where the
applicant is coming from in not wanting to have the master bedroom and garage on the same
floor.
E. Jones said she understands what B. Holicky is saying and why but this site is very difficult
and odd. The applicant has put a lot of work into protecting the vegetation and wetlands and
preserving a lot of what makes that lot special therefore she plans to support the motion.
M. Young said she is supporting this project because she appreciates the fact that the
homeowner did not raze the house and build something else in its place.
Motion
On a motion by K. Becker, seconded by A. Shoemaker, the Planning Board recommended (7-
0) to approve Site Review Height Modification Review #LUR2009-00003 incorporating the staff
memorandum, except that the height limit set forth in Condition No. 7 is changed from 36.9 feet
to 39.4 feet, and the attached Site Review Criteria Checklist as findings of fact, subject to the
recommended Conditions of Approval below.
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CONDITIONS OF APPROVAL:
I. The Applicant shall be responsible for ensuring that the development shall be in
compliance with all approved site plan dated October 6, 2008 and approved solar
analysis and building elevations dated June 12, 2008 and on file in the City of
Boulder Planning Department, except as may be modified by this approval.
2. Prior to issuance of a building permit, the Applicant shall provide to the City the
following, subject to the review and approval by the Planning Director and the
Director of Public Works:
a. Final architectural plans, including materials and colors, to insure
compliance with the intent of this approval and compatibility with the
surrounding area.
b. A drainage plan, grading plan, and stormwater management plan meeting
the City of Boulder Design and Construction Standards stamped by a
Colorado registered professional engineer.
C. A hillside restoration and remediation plan stamped by a Colorado
registered professional engineer that includes plans to restore the hillside
in the event that the Applicant fails to construct those structures or
portions of building that are necessary to stabilize the slope.
d. A financial guarantee meeting the requirements of Section 9-12-13,
B.R.C. 1981 in an amount necessary to implement the hillside restoration
and remediation plan.
C. A construction schedule in conformance with Section 10-5-2(k), B.R.C.
1981.
3. Prior to a building permit application, the Applicant shall dedicate to the City the
following as part of a Technical Document Review application, subject to the
review and approval of the City of Boulder Planning and Development Services
Division:
a. A sidewalk easement along the west property line which contains the
existing sidewalk and an additional foot beyond the back of walk.
4. During the construction of the addition, the Applicant shall comply with the
requirements set forth in the Section 7.13 (B)(1)(a) through 7.13 (13)(1)(e), "Storm
Water Quality Best Management Practices," City of Boulder Design &
Construction Standards.
5. Prior to requesting a final inspection for the addition, the Applicant shall remove
the existing driveway and curb cut on the Property, commonly known as 160
Bellevue Drive, located immediately adjacent to the south of 230 Bellevue Drive.
6. If the Applicant fails to complete modifications to the hillside in accordance with
approved plans, then the City has the right, but not the obligation to, at its sole
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discretion, utilize the financial guarantee, enter the Property, and implement the
restoration/remediation plan or otherwise restore or stabilize the hillside. The
guarantee will be in a form satisfactory to the City Attorney. The term of the
guarantee shall be for a period of time sufficient to cover the construction or
installation of the public improvements. The financial guarantee will not be
released until final approval of all construction requirements associated with the
construction of a building on the property and after the Applicant provides the
Director of Public Works with as-builts stamped by a Colorado registered
professional engineer in confonnance with Section 1.03 (H) of the City of
Boulder Design & Construction Standards, and a letter stamped by a Colorado
registered professional engineer indicating substantial conformance with the
original approved plans and reports.
7. The Applicant shall ensure that the addition shall not exceed the height of 39.4
feet, as measured from the low point 25 feet away from the proposed building.
B. Public hearing and consideration of a Site Review for Height Modification #LUR2009-00001
(Goldman Residence), to modify the maximum permitted height of the Residential Mixed-1
(RMX-1) zone district (35') to construct a north facing dormer with five operable windows at the
same height as the existing residence, 40.2', located at 1043 Pine Street. The site is comprised of
approximately 8,400 square feet.
W. Johnson recused herself from this matter due to the fact that she leases a property within 600
feet of this project.
A. Sopher agreed to chair this portion of the meeting.
Staff Presentation
J. Vaughn presented the item to the board.
Applicant/Owner Presentation
Tom Zimmerman, Margery Goldman presented to the board.
Public Hearing
No one from the public addressed the board.
Board Discussion
Motion
On a motion E. Jones, seconded by B. Holicky, the Planning Board recommended (6-0, W.
Johnson abstained) Staff recommends that Planning Board approve Site Review Height
Modification Review #LUR2009-00001 incorporating this staff memorandum and the attached
Site Review Criteria Checklist as findings of fact.
CONDITIONS OF APPROVAL:
1. The Applicant shall be responsible for ensuring that the development shall be in
compliance with all approved plans dated December 30, 2008 and on file in the City of
Boulder Planning Department, except as may be modified by this approval.
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W. Johnson returned to Chair the remainder of the meeting.
C. Public hearing and consideration of Site and Use Review applications, #LUR2009-00013 and
#LUR2009-00014, to permit a new outdoor platform for student presentations and a 1,400 square
foot addition (previously approved and since expired) to an existing private school entitled Bixby
School located at 4760 Table Mesa Drive.
Staff Presentation
K. Guiler presented the item to the board.
Applicant/Owner Presentation
Phil McEvoy presented himself to answer questions if the board would like.
Public Hearing
No one from the public addressed the board.
Board Discussion
M. Young asked if approval of this use review precluded any usage of the platform for the rest
of the community.
K. Guiler said it would be limited to the schools usage of it. It is tied to the written statement
that the applicant has provided and what their intended use is.
D. Gehr said that traditionally, some use by the community is considered accessory to the school
use. There is some flexibility for community use.
A. Sopher said his understanding is that this is coming back to the board after previously being
approved three plus years ago. Saying that it is not uncommon for projects for institutions of this
type i.e., private, not for profit, or even for profit, schools that develop depending on funding
sources. Saying that he thinks it is a weak spot in our code that limits these vesting periods to
three years. He feels like it should be addressed beyond this situation.
D. Gehr said that property owners can request to have a phasing plan approved. This would put
together a series of three year approvals for each phase. Also saying this is often done when
Churches and non profits anticipate that there will be a fundraising part of their project. Saying
there is flexibility in our code.
A. Sopher asked if it would require an ordinance from council.
D. Gehr said it does not require an ordinance. There is the authority to have phasing plans that
go beyond three years. Vested rights which go beyond three years, requires a City Council
ordinance to be approved.
Motion
On a motion by B. Holicky, seconded by E. Jones, the Planning Board recommended (7-0)
approval of Minor Site Review Amendment #LUR2009-00013 and Use Review #LUR2009-
00014, incorporating this staff memorandum, the attached Site Review and Use Review Criteria
Checklist found within the staff memorandum dated July 11, 2002 as findings of fact, subject to
the recommended Conditions of Approval below:
CONDITIONS OF APPROVAL:
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I . The applicant shall be responsible for ensuring that the development shall be in
compliance with all approved plans dated March 3, 2009 on file in the City of Boulder
Planning Department, except as may be modified by this approval.
2. The applicant shall comply with all previous conditions contained in #P-77-54, #SR-
77-30, and the Development Agreement recorded at Reception No. 2333786 on
September 20, 2002 in the records of the Boulder County Clerk and Recorder, except as
may be modified by this approval.
3. Prior to application for a building permit, the applicant shall submit a Technical
Document Review application for the following items, and subject to the review and
approval of the Planning Director and the Director of Public Works:
a. Final site and architectural plans, including materials and colors to ensure
compliance with the intent of this approval.
b. A final landscape and irrigation 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 insure 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.
c. A lighting plan showing the location, size, and intensity of illumination units,
showing compliance with Section 9-9-16, B.R.C. 1981.
The following are conditions of approval for the Use Review:
1. The applicant shall be responsible for ensuring that the development shall be in
compliance with all approved plans dated March 3, 2009, the written statement dated
January 19, 2009, and the letter dated December 1, 2008 entitled, "Description of Use of
Playground Platform Proposed for Bixby School" on file in the City of Boulder Planning
Department, except as maybe modified by this approval.
2. The applicant shall comply with all previous conditions contained in #P-77-54, #SR-
77-30, and the Development Agreement recorded at Reception No. 2333786 on
September 20, 2002 in the records of the Boulder County Clerk and Recorder, except as
may be modified by this approval.
3. The applicant shall not expand or modify the approved use, except pursuant to
Subsection 9-4-9(g), B.R.C. 1981.
4. Approval continues to be limited to a private school use for a maximum enrollment of
200 students.
D. Public hearing and consideration of a recommendation to City Council on an ordinance
amending the regulatory wetlands maps under the Wetlands Protection Ordinance (Chapter 9-3,
B.R.C.) including:
1. changes to stream, wetland and water body categories;
2. changes to buffer widths; and
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3. removal of Twomile Canyon Creek.
Staff Presentation
B. Johnson presented the item to the board.
Public Hearing
Gail Gordon, 377 West Arapaho Lane, expressed the need to provide a grandfathering clause in
the ordinance and stated that the maps were not site based when completed in 2004.
Board Discussion
Motion
On a motion by E. Jones, seconded by A. Shoemaker, the Planning Board recommended (7-0)
to City Council adoption of the ordinance amending the regulatory wetlands maps under the
Wetlands Protection Ordinance (Chapter 9-3, B.R.C.) including:
1. changes to stream wetland and water body categories;
2. changes to buffer widths; and
3. removal of Two-mile Canyon Creek.
6. MATTERS FROM THE PLANNING BOARD, PLANNING DIRECTOR,
AND CITY ATTORNEY
J. Johnson and S. Richstone, Compatible Development Update.
A Study Session was set for May 14`x' in Council Chambers.
D. Driskell addressed the board about the Planning Board retreat.
W. Johnson asked for input about the retreat agenda.
7. DEBRIEF/AGENDA CHECK
8. ADJOURNMENT
The Planning Board adjourned the meeting at 8:52 p.m.
APPROVED BY
. - -
B and Cha
DATE
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