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Minutes - Planning Board - 7/9/2009 CITY OF BOULDER PLANNING BOARD ACTION MINUTES July 9, 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.bou]dereolora(lo.~,,gv/ PLANNING BOARD ME.MBLRS PRESENT: KC Becker Bill Holicky Elise Jones Willa Johnson, Chair Andrew Shoemaker Mary Young PLANNING BOARD MI?MBERS ABSENT: Adrian Sopher STAFF PRESENT: David Driskell, Executive Director of Community Planning David Gehr, Assistant City Attorney Julic Johnston, Senior Planner Megan Lawson, Assistant Zoning Administrator Mary Margaret Little, Planning Associate Ruth McHeyser, Deputy Director of Community Planning Susan Richstone, Long Range Planning Manager Chris Toebe, Project Specialist Paula Weber, Administrative Specialist III 1. CALL TO ORDER Chair, W. Johnson, declared a quorum at 5:10 p.m. and the following business was conducted. 2. APPROVAL OF MINUTES On a motion b1 B. Holickv, seconded by L. Jones. the Planning Board approved 6-0:k. :1. Sopher absew) the I\lay 7.2009 (A. Shoemaker and B. Ilolickv absent), May 14, 2009 (A. Sopher absent). Mav 21, 2009 (NV. JUhllsUli iibsent)..Iunc 4, 2009 (A. Shoemaker and B. Holicky absent) Planning Board minutes as amended. 3. PUBLIC PARTICIPATION No one from the public addressed the board 4. DISCUSSION OF DISPOSITIONS, PLANNING BOARD CALL-UPS Call-ups: 419 Alpine was not called up. 985 16`x' Street was not called up_ Floodplain Development Permit (LUR2009-00043) was not called up. 1 5. ACTION ITEMS A. Public hearing and consideration of a recommendation to City Council on the Compatible Development project to include an ordinance amending the regulatory language for the Residential - Rural I (RR-1), Residential - Rural 2 (RR-2), Residential - Estate (RE), Residential - Low 1 (RL-1), Residential - Low 2 (It L-2), and Residential - Mixed 1 (RMX- 1) zone districts. A. Sopher was recused. Staff Presentation S. Richstone and.I. ,lohnston presented the item to the board. Tim Plass, Chair- of the Landmarks Board, presented the Landmarks Board rnotion to the Planning Board. The Landmarks Board voted 4-1 in support of tl}e staff recommendation to adopt the Compatible Development ordinance, the one dissenting vote was on two particular items and are outlined in the language of the board's motion. Other than the two noted items, the Landmarks Board rnember was in agreement with the board in terms of the tools selected and their metrics. The board was also encouraged by how this ordinance would support and complement the preservation program. Public Bearing Dr. Payson Sheets, 520 Marine Street, spoke in support of maintaining the quality of life in the neighborhoods as a whole and supported strong regulation in terms of house size. Ile would like to see an FAR of .25 and said a small FAR is important to maintain a quality of life. Fran Sheets, 520 Marine Street, spoke in support of regulations. Christopher- Grasso, 81 1 9`i' Street, spoke of his fear that this ordinance may promote scrapes because of the older, odder shaped homes. He would not like to have the large monster home built but would like to have the option of remodeling his home in a reasonable way. Richard Polk, 1 155 Canyon, asked the board to consider the consequences of this ordinance. Karen Frame, 1035 Rosehill Drive, spoke in opposition to the ordinance and said this would be an unlawful taking without clue process. Leonard May, 3016 9°i Street, (pooled time with Deborah Yin) spoke in support of the ordinance and about virtual floor consideration. Deborah Yin, 3016 9"' Street, (pooled time with Leonard May). Michael Hibner, 2950 Washington Street, spoke in support of the staff proposal but added that the proposal should include a virtual floor. Catherine Schweiger, 628 Maxwell Avenue, spoke in support of staff proposal. Tim Rohrer, 3440 Ash Avenue, said the problem with this ordinance is the building coverage tool. I le said staff has set it too small. He said the building coverage should be dropped from the ordinance. Jane Monson, 721 Iris Avenue, spoke in support of the ordinance. Libby Brown, 2951 14"' Street, spoke in support of the staff recommendations and supported the ordinance. Gwen Dooley, 730 Spruce Street, spoke in support of the staff recommendation and encouraged the Planning Board to do the same. Pant Saporito, 2765 7"' Street, spoke in opposition to the ordinance. Mark Gclband, 505 College, (pooling time with Joseph Vigil) spoke in opposition to the ordinance and the proposals before the board tonight. Joseph Vigil, Boulder CO, (pooled time with Mark Gelband). Samuel Austin, 597 Blackhawk Road, spoke in opposition to the ordinance and proposals. Fenno Hoffman, 505 Geneva Avenue, spoke in opposition to this ordinance and requested that the board support a redirection. Ken McDonald, 680 College Avenue, spoke in opposition to this ordinance. Ronda Wallin, 680 College Avenue, spoke in opposition to this ordinance. Warren HuRquist, 1820 Mapleton Avenue, spoke in opposition to this ordinance. Christopher Herr, 1445 Pearl Street, spoke in opposition to this ordinance. Erv Bell, 3498 Iris Court, spoke in opposition to this project, stating that there is no clear vision for the goals for planning the city. Jeff Bennett, 30 t 5 10"' Street, spoke in support of the ordinance. Ron Geary, 1742 Garland Lane, spoke in support of the recommendations and ordinance. Ann Foster, 1812 Mapleton Avenue, spoke in opposition to the ordinance and said the proposed FAR is too restrictive. Steve Welter, 1055 Waite Drive, spoke in support of the ordinance. Rebecca Dickson, 1055 Waite Drive, spoke in support of the staff recommendation. Jill Lester, 4966 5"' Street, spoke in opposition to the proposed ordinance (pooled time with Kathleen Calongne). Kathleen Calongne, 2431 23"1 Street, (pooled time with Jill Lester). Leonard Thomas, 3135 23"' Street, spoke in opposition to the ordinance. Elizabeth Allen, Boulder CO, spoke in support of the ordinance. Peter Birkeland, 3075 5n, Street, spoke in support of the ordinance. Jeanette Fielden, 260 South 41" Street, spoke in opposition to the ordinance. Dave Cole, 610 South 46"' Street, spoke against FAR averaging over multiple lots and said it would have unintended consequences. Susan Peterson, 350 Quail Circle, spoke in support of staff recommendations. Jonathan Hondorf, 2720 4"' Street, spoke in opposition to the ordinance. Tom Wilkie, 3019 Jefferson Street, spoke in opposition to the ordinance. Anne Olsen, 2340 9"' Street, spoke to the board about vision and asked the board to make sure the vision is clear before recommending an ordinance. Cherie Goff, 3265 Foundry Place, spoke in opposition to the ordinance and was specifically concerned with the form and bulk and the complexity of the regulations. Andy MaeDondald, 2003 Pinc Street, spoke in opposition to the ordinance. Paul Turmala, 3307 4"' Street, spoke in opposition to the ordinance and would like to FAR to be 0.60. Harvey Hine, 1701 15"i Street #204, spoke in support of beauty and architecture and did not support the ordinance. Mark Hartwig, 1470 Chestnut Place, spoke in opposition to the recornmcndations. Liz Bowes-Spiegel, P. U. Box 420, Boulder, CO spoke in opposition to the ordinance. Craig Bundy, 745 Jonquil Place, spoke in opposition to these regulations. Liz Payton, 2605 5"' Street, spoke in support of staff recommendations. She was also concerned about the lack of a virtual floor regulation. Lynn Segal, 538 Dewey, spoke in support of staff recommendation and against FAR averaging. Bruce Dierking, 2595 Carryon Boulevard, spoke as the attorney for the grass roots organization "Leave my llome Alone." Ile spoke in opposition to this ordinance. Ile asked to board to recommend to City Council that this issue be put on the ballot. Jyotsna Raj, 863 14"' Street, spoke in support of the staff recommendation. Stephen Keenan, 25 38"' Street, spoke in opposition to staff rccornmendation. Courtney Loveman, 505 College Avenue, spoke in opposition to the proposal. Lane Hornung, 1590 Upland Avenuc, spoke in opposition to the ordinance. Public Hearing concluded at 9:20 p.m. Board Summary Motion 9:42 p.m. On a motion by E. Jones, seconded by M. Young, the Planning! Board recommended to accept the staff rcc:onimcndaticn-s itt rating [lie staff nicniorandum dated July 9. 2009. The following amendments were made to the main motion: On a motion by B. Iloliclcy, seconded by W. Johnson, the I'lanning Board recommended (4-2. NI, Young, E ,tones opposed. A. Sopher recust(l) that the affected property be confined to the RIA zone only, other zone districts be included at the one_hL~L2r review. On a motion by 13. Holicky, seconded by W. Johnson, the Planning, Board recommended (4-2, NI. Yonng, and L. Jones opposed. A. Sopher recused) that the buildingcovcragc standard should be 35 percent. On a ]notion by E. Jones. seconded by M. Yours<g, the Planning Bond recommended (2-4, B. Holicky, W. Johnsen, K. Becker, and A. Shoemaker opposed. A. Sopher rculsc(i) arcel)tin the staff recommendation of a FAR of 0.45. The motion failed. Oil it ]notion by 1V. JohtlSO11, Seconded by A. Shoemaket', the Planning; Borird 1'ccoini endcd (4- 2, K. Becker and M. Youth opposed, A. Sopher recused) a 0.50 FAR. On a motion by B. Holickv. seconded by L. Jones, the Plan-ning Board recommended ( 3-3, K. Becker. W. Johnson. and M. Young, opposed, A. So[)her recused) introducing, a 2"J floor Year yard setback to limit the ten tl" floor walls. The motion failed. On a motion by E. ,loves, seconded by tti7. Young, the. Planning Board recommended rcducing the hcii,,ht from 35' to 30' (2-4. 13. 1Micky. 1V. Johnson, K. Becker, and A. Shorntaker opposed. A. Sopher recused). The motion tailed_ On a niolion by E. Jones, seconded by 19. Youn_-, the Planning Board reCO111lrlendetl (2-4. It. Holick , NV. Johnson, K. Becker. and A. Shoemaker optloscd. A. Sopher 1'Ccnscd) includinII s0111C Virtual Iloor linlitatiolis and rc ulations ;shove a certain height. The motion 1"IfIcd. On a motion by E. Jones, seconded by M. Yonne the Plannin,, Board reconlmr:nded striking, FAR ~tvcr~l~in~. 1'hc molion wets wilhdr ivvn. On it motion by itil. Yount, Seconded by E,. Jones, the I'lanning Board recommended (2-4. B. Holickv, W. Johnson, K. !seeker, and A. Shoemaker opposed, A. Sopher recuse(I) to strike FAR avera imp. The motion failed. 4 On a motion by E. Jones, seconded by `V. lohnson, the Planning Board recommended (6-0, A. ~U )IlE1 I'l:Cll ['CI) (Xl']llllll]} I'AR (7f (oiltflbltlllt hltilorle accessory structures in a historic district or a landmarked home. On a motion by ;11. Young, seconded by E. Jones, the Planninl~ Board rec(oinnlendcd (4-2, NV. Johnson and K. Becker opposed, A. SO P110- rccuscd the wall lenVth articulal ioll standards as included in the staff mernorandurn. On a notion by 13. Ilolicky, seconded by A. Shoemaker, file Planning Board recommended (0- 0. A. Sopher recused) to exempt 151 square feet ol'ground Iloor covea-ed porch not within the front yard from building coverage. 11 a motion by 1?. Jones, seconded by K. Becker, the P1,lnning Board rewinmcuded (3-3. A. Shoemaker. W. Johnson. and B. Holikcy opposed, A. Scophcr rccuscd) that (lie Compatible D0V01()p1lu11l rc ulali(►ns apply to► singjc family residcntizll (1cw1utmlcn( approvcd in public zone. The motion failed. The board voted on the following main motion and amendments: On a motion b t?. .!ones. seconded by 11. Young, the Planning Board recowmended 3-3. B. Ifolicky, [1.1. Young. and K. Becker opposed. A. Sopher recusc(l) to accept the staff recommendations modified to he the RL-1 Zone only for the full year with the other zones rcviewcd in a year, 35 pcrccnl Nvould be the building coverage; number, 0.50 Would loe the 1,AIZ number. historic accessory structtlres would be exempt, include a wall articulation Standard, and cxcmL)t 150 square feet Of ground floor covered Iuorcll not within the front yard fi-orn huil[ling coverage. ,On a motion by It. f lolicky, seconded by W. Johnson. the Planninn; Board moved (4-2, A"I. Young, K. Becker opposed, A. Sopher recused) to reconsider the motion. Oil a nlohon by E. Jones. seconded by IN-1. Yonng, the Planning Board recommended (4-2. 'Ni. Yo(rll(-'~ and K. 13ecker opposed. A. Sopher r(rc-use(l) to accept the slal'I Icconunendations nlodificd to be the Rl,- I Zone only for the full year with the other zones reviewod in a year, 35 Li_cent would be the huil(li u(►vcr<iqC tluntl)cr. 0.50 would fhe the I AlZ number, historic - accessory structures would be exempt, include cl wall articuliltion standard. and exempt 150 S(Ltlre leXt (►f < round Ilcu►r covcrcd porch not Within the front yard from building Coverage. 6. MATTERS FROM THE PLANNING BOARD, PLANNING DIREC'T'OR, AND CITY ATTORNEY W. Johnson asked for a member of the board to volunteer to serve as the liaison for the Junior Academy Area Plan agenda itern at the July 21 City Council meeting. The board suggested that A. Sopher and K. Becker serve as the liaisons. W. Johnson asked the board to be focused on the C1P program. 7. DEBRIEVAGENDA CHECK 8. ADJOURNMENT The Planning Board adjourned the meeting at 12:35 p.m. 5 APPROVED BY ~ Board (Ijair}' DATF 6