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Minutes - Planning Board - 10/21/2010 CI'T'Y OF BOULDER PLANNING BOARD ACTION MINUTES October 21, 2010 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 arc also available on the web at: http //w\i,w.houldcrcolorado. gov/ PI.,ANNING BOARD MEMBERS PRESENT: Bill 11olicky Tim Plass Andrew Shoemaker, Chair Mary Young Elise Jones Danica Powell PLANNING BOARD MEMBERS ABSEN'T': Willa Johnson STAFF PRESENT: David Driskell, Executive Director of Comniunity Planning and Sustainability David Gehr, Assistant City Attorney Charles Ferro, Land Use Review Manager Karl Guiler, Planner 11 Jessica Vaughn, Planner I Jeff Arthur, Engineering Review Manager Debbie Fox, Administrative Specialist III 1. CALL T'O ORDER Chair, A. Shoemaker, declared a quorum at 6:07 p.m. and the following business was conducted. 2. APPROVAL, OF MINUTES The board asked to move review of the minutes to matters due to computer issues. Staff was asked to revise the September 16`1' minutes and resubmit at the November 4 meeting. 3. PUBLIC PARTICIPATION 4. DISCUSSION OF DISPOSITIONS, PLANNING BOARD CALL-UPS A. SUBDIVISION of the property comprising the "City Yards" located at 5050 Pearl Street (#'I'FC2009-00048) is being replatcd into four lots and three outlots: Lot 1 of 87,326 s.f; Lot 2 of 113,337 s.f, Lot 3 of 174,460 s.f.; and Lot 4 668,247; Outlot A of 96,307 s.f; Outlot B of 332,343 s.f; and Outlot C of 49,922 s.f Lots 1, 2 and 3 are all zoned Industrial Service-2 (IS-2) and Lot 4 and Outlots A, B and C are zoned Public (P). The board did not call up these items. I 5. ACTION ITEMS A. Public hearing and recommendation to City Council of an ordinance that proposes amendments to Title 9, "Land Use Code" B.R.C. 1981 related to section 9-7-7, "Building Height, Appurtenances," B.R.C. 1981. Staff Presentation K. Guiler presented the item to the board. Public Bearing No one from the public addressed the board. Board Discussion B. Holicky asked staff to review having a 3 feet buffer from the edge and possibly keep the height at 7 feet maximum instead of the 10 feet outlined in the memo. T. Plass questioned the pitch and panels and expressed concern as to how this will affect the aesthetics and design. A. Shoemaker asked for more infonnation and analysis to be sure the new ordinance doesn't discourage renewable energy. T. Plass disagreed with A. Shoemaker about the need to changes for proposed ordinance and in turn suggested going with the staff recommendation. If problems arise on future projects, the ordinance can be reviewed at that time. E. Jones would leave it to staff discretion to review the number of 55 foot buildings to better understand how many building this ordinance would impact, but is likely to pass the ordinance. B. Holicky agreed with E..Iones. Motion On a motion by •1'. Plass. seconded by E. Jones, the Planning; Board a1Pro\ cd (6-0) (W. Johnson absent) the proposed change to section 9-7-7, "13ui{dint', Hci:;ht. AllnUrtcnanccs," 13.It.C'. 1981 to the City Council with ilze amendment that staff research the additional catcories fir buildings with roof pitches between 2.12 and 5.12 and report back to the Planning 13oard how many buildings WOUld be affected and what the possibilities are for language for a_third category- B. Holicky was recused from the following due to the fact his finn is involved in this project. B. Public hearing and consideration of the following requests related to a 98,682 square foot [2.26 acresl Boulder County property at 1000 Rosewood Avenue: 1. Proposal to change the Boulder Valley Comprehensive Plan (BVCP) land use map designation from Manufactured Housing to Medium Density Residential (#L U 82010-00038); 2. Proposal to annex the 2.26 acre parcel located in the Union-Utica neighborhood with an initial zoning of RM-1 (Medium Density Residential - 1) (#I,UR2010- 00038); 3. Proposal for a 7.4% open space reduction on the site, 4. Site Review application to permit the development of 18 dwelling units (16 single- family dwellings and a duplex unit) and the construction of two new streets (i.e., 2 9th Street and Rosewood Avenue) as required by the North Boulder Subcommunity Plan. Request includes proposed modifications to the setback requirements of the RM-1 zoning district. Nine of the units (50% of the total) are proposed as permanently affordable housing units. A reduction of one parking space for each duplex is also required (#LUR2010-00039), and 5. Preliminary Plat to subdivide property into 18 lots and two outlots. Lots range from 1,952 square feet to 4,519 square feet in size. Plat includes information on the eventual dedication of a new 9th Street, Rosewood Avenue, and alley (#LUR2010- 00039). Applicant: Coburn Development, Inc. Property Owner: DK Development, LLC Staff Presentation C. Ferro introduced the project. K. Guiler presented the item to the board. Applicant Presentation Dan Rotner and Pete Weber of Coburn Development, with Mary Roosevelt, Chief Executive Officer, "Thistle Communities, presented the item to the board. Public Bearing No one from the public addressed the board. Board Discussion E. Jones and T. Plass inquired if there are other alternatives for traffic calming, instead of more pavement. E. Jones felt the narrower streets would help slow traffic. D. Powell, M. Young agreed with E. Jones. M. Young felt that in the long term the neighborhood would want something to slow traffic down. D. Powell felt the speeds wouldn't be a problem clue to the fact the street is short. She would also agree with parking on one side, so not loose tree lawn, over two sided street parking. The board generally agreed with the analysis questions, but had all extended discussion on question 7: Arc the architectural and site design consistent with the Site Review criteria in terms of quality and compatibility with the surrounding neighborhood? M. Young spoke to the fact that the Concept Plan did not address the trailer park in terins of design; that it only incorporated the compatibility of the project to the west. She asked for consideration for the people of the mobile home park, to be able to provide some level of inclusiveness, and therefore lead them to be inspired to clean up their own neighborhood. She felt a better connection between the two neighbors so they are more likely to encounter each other, rather than screen each other. She cited a report from CU about the mobile home park's perception of the surrounding community and their own neighborhood. D. Powell felt the 4-Mile Trail could help with the connection and that the neighbors of the mobile home park asked for the screen. 3 E. Jones suggested a potential break in the screen as an invitation from the new development to help in fostering community. A break or an obvious entry point will be included at Technical Document review. T. Plass agreed a break in the screen to the detention pond could become a focal point and create an invitation between these two neighborhoods. A. Shoemaker felt that the by not mandating the open space within the neighborhood, the neighbors will create their own sense of community. T. Plass felt the project was well thought out and good connectivity. D. Powell likes the new detention plan and felt they made the best use of the space. Rosewood Avenue The Board discussed the variety of options possible for the street with tree lawns versus street width, with the goal being full size trees in full size tree lawns. D. Powell felt it was important to not loose the 8 feet of the tree lawn and, as an alternative, wants to explore one sided parking and wanted to be careful about setting precedence for Rosewood in the long term development of the area. E. Jones agreed with D. Powell, but didn't want to see all the changes made for one or two parking spots. She felt there are alternatives for traffic calming that should be considered without loosing the large tree lawns. A. Shoemaker wants to see Rosewood as narrow as possible, while still allowing cars to pass. M. Young felt that vegetation or other traffic calming devices could help mitigate traffic speeds. Motion On a niotlon by E. Jones, seconclud by T. Plass. the Planning Board approved (5-0) (I3. Holicky recused, W. Johnson absent) the I3VCP land use snap charwe fron) Manufactured I lousing to Medium Density Residential, On a motion by E._-]ones. sccondcd by T. Plass. the Planning Beard recommended approval (5- 0) (B. l(olickv recused, W. Johnson absent) ~1 of a 7.4% open space reduction on the site. (fin a motion by M. Young, sccondcd by E. Jones, the Nanning Board reconimended approval -l) (13. Holicky recused. W..lohnson absent) of the proposed annexation and initial zoninh of RM-1 and Site Review application subject to the conditions found within the annexation conditions below. T. Plass oflcred a 11-icndly amcndinenl, seconded by E. Jones, to replace condition 2.a.iii of the annexation conditions. RECOMMMENDED ANNEXATION CONDITIONS: Requirements. Applicant will be required to do the following: I . Prior to first reading of the annexation ordinance before City Council, the Applicant shall: 4 IL Provide title work current within 30 days of signing the Annexation Agreement. b. Sign and file petitions for inclusion in the Northern Colorado Water Conservancy District and the Boulder Municipal Subdistrict and pay all applicable fees on land and improvements for inclusion in such districts. 2. Prior to a building permit application, the Applicant shall submit a Technical Document Review application for a Final Plat, meeting the requirements of Chapter 9-12, "Subdivision," B.R.C. 1981 and the City of Boulder Design and Construction Standards which shall include, but not be limited to the following: a. The dedication to the City of the following, at no cost, meeting and in the form and final location of which shall be subject to the approval of the City Manager: i. A 30-foot wide public right of way for the cast portion of the proposed north-south public street designated as 9"' Street as shown on the approved plans; ii. A 30-foot wide public right of way for the west portion of the proposed north-south public street designated as 9"' Street as shown on the approved plans located on Outlot A, Foothills Community Final Plat. iii. A narrower right of way for the proposed east-west public street designated Rosewood Avenue as shogun on the approved plans. The final street section will not require on street parking. The tree lawn shall be a minimum of 6 feet in width. Improvements shall be added to calm traffic speeds, improvements, including chicanes, landscaping, curb humps into the traffic lanes, or other public improvements. The right of way shall have a minimum width of 45 feet if the City and the property owner are able to complete a land swap or to relocate utilities into the 0 losewood property. If the land swap or relocation efforts fail, the right of way width shall be reduced to 42 feet. iv. A 20-foot wide public right of way for an alley along the east property line and near the south end of the Property as shown on the approved plans; and v. All necessary public access, utility, stonnwatcr detention and drainage, and access control easements as shown on the approved plans. b. The Applicant agrees to commence, construct, and complete all oFthe on- site and off site public improvements necessary to serve the Property, including 91h Street, Rosewood Avenue, alleys and bike paths, as shown on [denitrify plans including without limitation streets, curbs, gutters, and sidewalks, paths utility mains, fire protection, flood control, stormwater management. 3. The Applicant agrees to pay the then applicable development fees and taxes at such time as required in the Boulder Revised Code, including without limitation the development excise tax, capital facility impact fee, water, wastewater, and stormwater and flood management plant investment fee, and all applicable inspection fees and utility connection fees. 4_ City Council Has Final Decision Authority for Site Review. The parties agree that the City Council has final decision authority for the initial site review application. This site review application will be referred to the City Council for hearing and final decision concurrent with the hearing for annexation. Any subsequent amendments or modifications to this approval shall be completed in compliance with the requirements of the laws of the City. 5. Affordable Housing. Covenants or deed restrictions to secure the permanent affordability of dwelling units shall be signed and recorded with the Boulder County Clerk and Recorder prior to application for any residential building pert-nits. The Applicant agrees that the following requirements shall apply to the Property and that no additional dwelling units shall be approved for any individual parcel unless the following requirements have been met: a. Permanently Affordable - Low to Moderate Income. At least twenty-five percent (25%) of any new dwelling units permitted on site shall be permanently affordable consistent with chapter 9-13, "Inclusionary Housing," S.R.C. 1981. If a fraction results from multiplying twenty-five percent (25%) times the total number of permitted new dwelling units on the Property, the total number of required low to moderate income permanently affordable dwelling units shall be rounded up to the nearest whole number; b. Permanently Affordable - Middle Income. At least twenty-five percent (25%) of any new dwelling units permitted on site shall be permanently affordable to middle income households consistent with the following- 1. All permanently affordable middle income dwelling units shall be single: farnily detached dwelling units that shall be permanently affordable to households earning between the Department of I Iousing and Urban Development's (HUD) Low Income Limit for the City of Boulder and 40% more than the HUD Low Income Limit for the City of Boulder and shall be distributed such that the average price of the single family detached dwelling units is based upon a household income that is 20% more than the HUD Low Income Limit; ii. If a fraction results from multiplying twenty-five percent (25%) times the total number of permitted new dwelling units on the Property, the total number of required middle income pen-nanently affordable dwelling units shall be rounded down to the nearest whole number. in- Permanently affordable low to moderate income dwelling units may be substituted for middle income dwelling units on a one for one basis. 6 Ilowever, at least two (2) permanently affordable middle income dwelling units shall be provided on the Property. C. Property Specific in Application. Any pennanerrtly affordable dwelling units produced under this Agreement may not be used to satisfy other permanently affordable housing requirements located on property other than the Property. d. Dwelling Unit Requirements. Affordable dwelling unit pricing will be calculated from the I IUD limits identified in this document based on dwelling unit type (attached or detached), size, and number of bedrooms and bathrooms in each dwelling unit. Final affordable dwelling unit prices will be determined when the interim Affordable Covenant or final Affordable Covenant, whichever is executed first, is signed. C. Minimum Number of Bedrooms. All permanently affordable dwelling units must contain at least three bedrooms. G. Open Space Reduction. The city agrees to permit a reduction of 7.5% in the minimum open space pcr dwelling unit requirement in 'fable 8-1 of section 9-9-8- 1, "Schedule of Intensity Standards," B.R.C. 1981, for the Property, provided that such open space reduction is approved pursuant to a site review. 7. New Construction. All new construction commenced on the Property after annexation shall comply with all City of Boulder laws, except as modified by this Agreement. 8. Conveyance of Drainage. The Applicant shall convey drainage from the Property in a historic manner that does not materially and adversely affect abutting property owners. 9. Waiver of Vestcd Rights. The Applicant waives any vested property rights that may have arisen under Boulder- County Jurisdiction. This Agreement shall replace any such rights that may have arisen under Boulder County jurisdiction. The Applicant acknowledges that nothing contained herein may be construed as a waiver of the City's police powers or the power to zone and regulate land uses for the benefit of the general public. On a nwtiorr bV F Jones seconded I)v U. Powell, the Planning Board approved 5-013. I lolicky r-ccused, W. Jolvlson absent) the Site Review application II1,UR2010-00039 for the lKojert located at 1000 Rosewood, incorporating; this staff memorandum and the attached criteria checklists as linding;s of facl and subject to the conditions of approval on page 21: RECOMMENDED SITE REVIEW CONDITIONS OF APPROVAL: I . This approval shall be contingent upon annexation into the City of Boulder and the initial zoning of the Property to "Residential Medium -1" (RM-1). 2. The Applicant shall be responsible for ensuring that the Property shall be in compliance with all approved plans dated August 27, 2010 and October 12, 2010, 7 and the Applicant's written statement dated October 21, 2010 on file in the City of Boulder Planning Department, except to the extent that the Property may be modified by the conditions of this approval. 3. Prior to a building permit application, the Applicant shall submit a Technical Document Review application for the following items, subject to the review and approval of the City Manager: 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 approved plans dated October- 12, 2010, is acceptable. Planning staff will review plans to ensure that the architectural intent is performed. b. A final site plan which includes detailed floor plans and section drawings. If the accommodation of the public right of way for Rosewood Avenue results in changes to the location and/or configuration of the northernmost four dwelling units on that street, such changes will be subject to review and approval of the City Manager. C. A final utility plan meeting the City of Boulder Design and Construction Standards. d. A final stormwater report and plan meeting the City of Boulder Design and Construction Standards. C. Final transportation plans meeting the City of Boulder Design and Construction Standards, for all transportation improvements. 'T'hese plans shall include, but are not limited to: Transportation site plan illustrating and dimensioning of all proposed public transportation improvements, 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 insure compliance with this approval and the City's landscaping requirements. Removal of trees will be subject to review and approval of the City Manager. 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, 9 h. A detailed shadow analysis demonstrating compliance with the City's solar access requirements of section 9-9-17, B.R.C. i. Building elevations for any trash enclosure, including materials, to ensure compliance with this approval and compatibility with the surrounding area. 4. Prior to a building permit application, the Applicant shall execute a subdivision agreement meeting the requirements of chapter 9-12, "Subdivision," B.R.C. 1981 and which provides for the dedication of-public right of'way and casements and the construction of all public improvements necessary to serve the Property as shown on the approved plans and required in the conditions of annexation, including, but not limited to all on-site and off-site public improvements necessary to serve the Property, including 9"' Street, Rosewood Avenue, alleys, and bike paths, including without limitation streets, curbs, gutters, and sidewalks, paths, utility mains, fire protection, flood control, stormwater management as shown on the preliminary grading and drainage plan dated August 27, 2010. 5. Prior to the scheduling of final inspection on any building permits, 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 Property 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. MATTERS FROM THE PLANNING BOARD, PLANNING DIRECTOR, AND CITY ATTORNEY 'The board reviewed changes to the September 16`x' minutes. D. Driskell gave an update on the BVCP Planning Reserve, the Cherryvale utility permits, as a result the annexation policy will be reviewed in the next year. The RTD RPP is available and due in December, with selection in January. Clean Energy Plan, Boulder Matters, reviewed the PB calendar D. Powell gave an update on the DRAB meeting which reviewed 3100 Pearl. 3. DEBRIEVAGENDA CHECK l-or the November 18 meeting E. Jones and D. Powell will be out of-town. 9. ADJOURNMENT The Planning Board adjourned the meeting at 9:13 p.m. APPROVED BY Board Chair /L- z_..Ja DATE q