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Minutes - Planning - 6/2/2011 CITY OF BOULDER PLANNING BOARD ACTION MINUTES June 2, 2011 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.bouldereotorado.gov/ PLANNING BOARD MEMBERS PRESENT: Aaron Brockett Bill Holicky Willa Johnson Tim Plass Danica Powell Andrew Shoemaker, Chair Mary Young STAFF PRESENT: David Gehr, Assistant City Attorney Clay Douglas, Senior Assistant City Attorney Charles Ferro, Land Use Review Manager Karl Guiler, Planner Michelle Mahan, Transportation Engineer Debbie Fox, Administrative Specialist III 1. CALL TO ORDER Chair, A. Shoemaker, declared a quorum at 6:04 p.m. and the following business was conducted. 2. APPROVAL OF MINUTES On a motion by T. Plass, seconded by D. Powell, the Planning Board approved 7-0 the April 28 Planning Board minutes. On a motion by T. Plass, seconded by M. Young, the Planning Board approved 6-0-1 (B. Holicky abstained), the May 5 Planning Board minutes, as amended. 3. PUBLIC PARTICIPATION 4. DISCUSSION OF DISPOSITIONS, PLANNING BOARD CALL-UPS A. Site Review For Height Modification, LUR2011-00027, 809 Pine Street: Request for a detached garage to exceed the maximum permitted height for accessory structures in the RL-I zone district (20') at 24'-2". B. Floodplain Map Revision, LUR201 1-00030, 4747 Arapahoe Ave. (Boulder Creek) The board did not call up these items. 5. PUBLIC HEARING ITEMS 1. Public hearing and consideration of a Site Review Height Modification pursuant to section 9-2-14(b)(1)(E), "Height Modifications," B.R.C. 1981 to permit a roof cover 1 over an existing deck attached to an existing residence at 2035 Balsam Drive (#LUR201 1-00020). The height modification is required as the addition of a roof cover causes the low point to be adjusted to a point roughly 8 feet lower on the sloped site. The existing residence would not become physically taller. The hearing on this item will be held under the quasi-judicial procedures of the Boulder Revised Code. Applicant/Owner: Jack and Jean Thompson D. Gehr was recused from the item due to proximity of the project to his home. C. Douglas sat in as the City Attorney. Staff Presentation K. Guiler presented the item to the board. Applicant Presentation Sherry Bells, architect for the project, presented the item to the board on behalf of the applicant. Public Hearing 1. Richard Lopez, 4450 Arapahoe, spoke to the issue of how height is measured in Boulder, and encouraged that the city council review having the code modified. Board Discussion There was no board discussion. On a motion by W. Johnson, seconded by T. Plass, the Planning Board approved (7-0) application #LUR2011-00020 based on the findings provided within the memorandum. 2. Public hearing and consideration of Use Review application #LUR2011-00029 to permit modifications to a previously approved Special Review for a private school at the Mount Zion Church site at 1680 Balsam Avenue. The request is to permit the addition of grades nine through twelve to accommodate the relocation of Watershed School (grades six through twelve only) where the previous approval was specifically for pre-Kindergarten to eighth grade. Despite the increase in grade levels, student enrollment is not proposed to exceed the previously approved maximum of 175 students. Applicant: Jason Berv, Watershed School Owner: Mount Zion Lutheran Church Staff Presentation K. Guilder presented the item to the board. Applicant Presentation Jason Berv, Founder of the Watershed School, presented the item to the board. 2 Public Hearing 1. Payton Hoops, 8328 Valmont Road, pooled time with Traci Hoops - As a student of Watershed, she outlined the benefits of the school's programs, benefits to the community and spoke to the support for the new location to help the school grow. 2. Roger Glovsky, 251 Pearl St #4- spoke in support of the school's move to Mt. Zion campus due to the need to expand. 3. Fenno Hoffman, 505 Geneva - spoke in support of the school's move to Mt. Zion campus due to the need to expand. Board Discussion T. Plass agreed with staff reasoning and likes seeing the school within the city and felt that they will be sensitive neighbors. M. Young spoke to the fact that the school will make the neighborhood more lively and will be a great asset to the community. On a motion by T. Plass, seconded by M. Young, the Planning Board approved (7-0) application LUR2011-00029 based on the findings provided within the memorandum and subject to the recommended conditions of approval below, as amended. W. Johnson offered a friendly amendment to strike the remainder of the text in 1 a to only reflect the 175 student limit and delete the remaining text, leaving the final ratio to the two operators. T. Plass accepted the amendment. CONDITIONS OF APPROVAL 1. The Applicant shall ensure that the development shall be in compliance with the Applicant's written statement dated April 18, 2011 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. Further, the Applicant shall ensure that the approved school use is operated in compliance with the following restrictions: a. The maximum number students enrolled at the school on the site shall not exceed 175 students. b. All school staff and students shall park in designated on-site parking areas, and shall not park in the surrounding neighborhood. C. The Applicant shall be responsible for ensuring the use shall be in compliance with the Applicant's Transportation Demand Management (TDM) on file in the City of Boulder Planning Department. d. The Applicant shall be responsible for ensuring that this approval meets the criteria for a use review in section 9-2-15, "Use Review," B.R.C., including without limitation that the use will be compatible with and have minimal adverse impacts on the use of nearby properties and that the use will not change the predominant character of the surrounding area. 3 No later than June 2, 2014, the Applicant shall submit for the review and approval of the Planning Director an updated written statement that describes the school's consistency with this approval, any communications with the neighborhood, and hold a neighborhood meeting to determine and assess that the use is continuing to meet the Use Review criteria in minimizing impacts to the surrounding neighborhood. If the Applicant fails to demonstrate that the approval continues to meet the use review criteria in section 9-2-15, "Use Review, " B.R.C. 1981, the City Manager may refer the application to the Planning Board under the provisions of subsection 9-2-11(b), B.R.C. 1981 2. The Applicant shall not expand or modify the approved use, except pursuant to subsection 9-2-15(h), B.R.C. 1981. 3. The Applicant shall comply with all previous conditions contained in any previous conditions, except to the extent that any previous conditions may be inconsistent with this approval, including, but not limited to, the following: Development Agreement recorded at Reception No. 801116 on October 30, 1986 (#SR-86-19; Development Agreement recorded at Reception No. 936051 on August 16, 1988 (#SR-87-25); Development Agreement recorded at Reception No. 999209 on August 23, 1989 (#SR- 89-3); and Development Agreement recorded at Reception No. 1724915 on August 22, 1997. 7. MATTERS FROM THE PLANNING BOARD, PLANNING DIRECTOR, AND CITY ATTORNEY A. C. Ferro gave an update on 855 Juniper. B. D. Powell gave an update on the RTD DDAB meeting. C. M. Young requested a floodplain 101 presentation. D. B. Holicky gave an update on the AHTF. E. M. Young gave an update on the Civic Use Task Force. 8. DEBRIEF/AGENDA CHECK 9. ADJOURNMENT The Planning Board adjourned the meeting at 7:19 p.m. APPROVED BY oard--~-II DATE 4