[BoulderCouncilHotline] Re: annexation amendments

[Ferro, Charles]

Council Member Morzel,
Staff’s responses to your hotline email of Feb. 1, 2018 can be found below.
Please let me know if you have additional questions.
Best,
Charles

Charles Ferro, AICP
Development Review Manager
[Planning,%20Housing%2]
O: 303-441-4012
ferroc at bouldercolorado.gov

Planning, Housing + Sustainability
1739 Broadway | Boulder, CO 80306
Bouldercolorado.gov<http://www.bouldercolorado.gov/>

From: Morzel, Lisa [mailto:MorzelL at bouldercolorado.gov]
Sent: Thursday, February 01, 2018 3:54 PM
To: Council <council at bouldercolorado.gov>; HOTLINE <HOTLINE at bouldercolorado.gov>
Subject: [BoulderCouncilHotline] Fwd: annexation amendments

Council,

The below comments and questions ones I hope we can discuss next Tuesday when we consider the annexation amendments for properties along violet and upland.

Comments and questions regarding amendments to annexations re: 2180 Violet, 2100 Violet, 2145 Upland, 1917 Upland

Violet – Upland annexation amendments

a.     Four large parcels are involved
a) can we separate the 2180 Violet parcel (Habitat parcel with increased density of 19 units) from the other three parcels (2000 Violet with current development potential of 6 lots; lot sizes from 7689-8670 sq ft with outlot of 5323 sq ft), 2145 Upland with development potential of 3 lots; lot sizes from 8306 to 16,546 sq ft), and 1917 Upland (58,678 sq ft)?



Since the 2180 Violet Habitat site is owned by Habitat, can we move this parcel go forward now and have a larger discussion of what might be developed on the other three lots?


It is possible to separate the development of the 2180 Violet parcel from the other three parcels.  To separate the development of the 2180 Violet parcel would require consideration of the effects on the proposed annexation agreement amendments, the site review application, and the proposed ordinance (below):

Annexation Agreement Amendments:
A separation of the development of the 2180 Violet property would require modification of the proposed annexation agreement amendment for the 2180 Violet and the 2100 Violet properties, especially, if the requested transfer of affordable housing requirements onto the 2180 Violet property is not approved.  The 2180 Violet and 2100 Violet properties are subject to the same annexation agreement as these properties were one parcel at the time of annexation.  Many requirements in that annexation agreement apply to both properties, including some of the affordable housing requirements, other requirements apply based on the zoning classifications which are consistent with the current boundaries of the two properties. The proposed annexation agreement amendment for the 2180 Violet property addresses requirements for both the 2180 Violet and 2100 Violet property.

Site Review Application:
The 2180 Violet, 2100 Violet and 2145 Upland properties are all part of the pending site review application.  Council’s decision on the site review application must be based on site review criteria found in 9-2-14(h), BRC 1981.<https://library.municode.com/co/boulder/codes/municipal_code?nodeId=TIT9LAUSCO_CH2REPR_9-2-14SIRE>  If council were to find that the proposed site plan for the 2180 Violet property meets the site review criteria, but the proposed site plan for the 2100 Violet and 2145 Upland properties does not meet the site review criteria, council could conditionally approve the site review, with a condition of approval that prior to development of the 2100 Violet and 2145 Upland properties an application to amend the approval of the 2100 Violet site plans be filed and approved subject to the site review criteria.  Such a partial/conditional approval of the pending site review application would require modifications to several of the proposed development plans and the pending application for a preliminary plat for the 2180 Violet property. There is no current proposal for development of the 1917 Upland property.

Ordinance:
Finally, if council decides to deny the requested transfer of affordable housing requirements from the four properties to the 2180 Violet property, staff recommends that the recitals in the ordinance be revised.



b.     For these other 3 lots, I’d like to consider the following possibilities:


      i.     Could the city host a small charrette for the land bounded by 19th St on the east, 22nd Street on the west, north of Upland, south of Violet to allow dialogue and a creative vision for smaller and more affordably sized houses?  It seems the future development potential of this area is great and is a good candidate for a neighborhood pilot project.  It is clear what this area will look like if no changes are made now at this critical juncture.
Yes however, this type of visioning is typically done through a larger, comprehensive planning process. The vision for the Crestview East neighborhood is established in the North Boulder Subcommunity Plan (NBSP). The Boulder Valley Comprehensive Plan (BVCP) Land Use Map and the zoning that is currently in place for the property were put in place to implement the NBSP. It is possible to allow for more density or different housing types by amending the annexation agreement for the property at 1917 Upland Ave. However, the proposal above would involve amending the NBSP and re-envisioning the long-term development patterns for the Crestview East neighborhood. Amendments to the NBSP, the BVCP Land Use Map, and a comprehensive rezoning would be required (to accommodate the additional density).


       ii.     Are basements allowed in this zone/area?  Can basements be limited?
Basements are not restricted by the city’s land use code except in how they are considered for the purposes of calculating floor area.
Note that the properties at 2100 Violet Ave., 2145 Upland Ave. and 1917 Upland Ave. are explicitly exempt from the floor area limitations per the original annexation agreements from 1997.
It is possible to prohibit, limit, or require that basements be considered FAR in the annexation agreement amendments.

                  iii.     I would like to amend the annexation agreement in the second reading to state something like the following:

On 2100 Violet (Block 2, Lots 1-6) and 2145 Upland (Block 3, lots 1 and 2), no structure built will be larger than a maximum of 3200 sq ft.  With these conditions, the developer can build the following:

1.     one 3200 sq ft structure that contains one unit no larger than 2400 sq ft plus an 800 sq ft ADU

2.     a single-family house no larger than 2400 sq ft and an 800 sq ft OAU


OAUs / ADUs are allowed in the RL-1 zone.  Staff is assuming that the proposed OAUs/ADUs would meet all of the standards of the land use code. If this is not the case,  this allowance would require a code waiver to be included in the annexation agreement amendment for 2145 Upland Ave.



On 2145 Upland, (Block 3, Lot 3, 16, 546 sq ft), no structure built will be larger than a maximum of 3200 sq ft.  As I read in the memo, the existing house and other structure are to remain but if this changes, I’d include these conditions for the developer:

1.     one 3200 sq ft structure that contains one unit no larger than 2400 sq ft plus a 800 sq ft ADU and a 800 sq ft OAU


See above.


  iv.     For 1917 Upland, the lot here is 58,678 sq ft and is planned for 3 single-family homes. Could we allow a denser housing here to accommodate smaller homes similar to the Poplar Project just west of Broadway (I think the Poplar lot is 1.4 acres and has 14 homes on it with maximum house size of 2000 sq ft, which is only 2 homes; all the rest are less than 2000 sq ft)? This property faces 19th and Upland and is across the street from 1 house and Fire Station #4
The vision for the Crestview East neighborhood is established in the North Boulder Subcommunity Plan (NBSP). The Boulder Valley Comprehensive Plan (BVCP) Land Use Map and the zoning that is currently in place for the property were put in place to implement the NBSP. It is possible to allow for more density or different housing types by amending the annexation agreement for the property at 1917 Upland Ave. However, the proposal above would involve amending the NBSP (to accommodate the additional density) and re-envisioning the long-term development patterns for the Crestview East neighborhood. Amendments to the NBSP, the BVCP Land Use Map, and a comprehensive rezoning would be required.

2.  My thought is there is ample opportunity on this block of land (19th to 22nd, Violet to Upland) to create a neighborhood pilot project where a vision could be created that would allow for smaller and more homes where many could be affordable to middle income housing.  As I understand, the intent of the current owner (Mr. Nauman) of 2100 Violet, 2145 Upland, and 1917 Violet is to sell these lots.  Perhaps an affordable housing provider might be interested in buying and redeveloping at somewhat higher densities a housing product that the city needs.
Acknowledged.

3.  I’d also like to get a better understanding of the construction of Vine St. and how that is suppose to happen to ensure the city is not allowing flag lots (which is generally against the guidelines in the North Boulder Subcommunity Plan.
 The design and construction requirements for Vine Avenue are determined by the annexation agreements and the NBSP. The street was originally envisioned as a primary road when the subject properties annexed in 1997. However, the street was modified to a secondary road in 2009 when the larger Crestview East annexation was approved. The required street section is as follows:

  *   Construct a 22’ wide asphalt pavement section (no curb-and-gutter)
  *   Construct an 8’ wide drainage swale (northside only)
  *   Construct a five-foot wide sidewalk (northside only)

Per the annexation agreements for 2180 Violet, 2100 Violet, 2145 Upland and 1917 Upland the property owner may construct the street section immediately adjacent to the property without constructing the entire street between 19th and 22nd Streets. However, the annexation agreements for the larger Crestview East annexation in2009 require that the first property owner to develop construct the entire street. The first person to develop would later be reimbursed as other priorities redevelop.
Flag lots are not specifically addressed in the 1997 agreements. Generally, flag lot subdivisions are not supported unless no other feasible subdivision alternative exists that complies with the NBSP.




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