Planning Commission Minutes 2016 11 10

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Planning Commission Meeting Minutes November 10, 2016 Page 2 of 23 Emails entered into the record: Brauneis makes motion to enter revised resolution and letter from Dietze and Davis, Attorneys at Law dated November 9, 2016 into the record, seconded by Hsu. Passed by voice vote. Public Notice Certification: Published in the Boulder Daily Camera on August 21, 2016. Posted in City Hall, Public Library, Recreation Center, and the Courts and Police Building and mailed to surrounding property owners and property posted on August 19, 2016. Staff Report of Facts and Issues: Dean presented from Power Point: • This resolution was continued from the October Planning Commission meeting specifically to discuss an easement issue. It is a joint easement between the subject property and the neighboring property to the east. • Portion of Delo Lofts that includes Lot 101 of the Louisville Trade Center has a 30' shared access easement. • When it was platted, the PUD was also recorded. The PUD shows an access and parking easement. This is the area in question. • Staff was asked to discuss this easement issue with Sam Light, City Attorney, and receive feedback. • What is determined is that this part of the Delo Lofts project, just to the east of the Live/Work Building A shows parking in this easement. This parking is not necessary to fulfill the parking requirements of the project. It is shown conceptually. There are no encumbrances within that 30' easement that would affect the use of it by the adjoining property owner. • Part of the concern/confusion has to do with the PUD showing an interim plan which is under review through this PUD process. In the interim plan, the access does not go through the site. It shows the site in its current configuration. • Ideally, the developer would like to extend the alley through and connect through the site. This is ideal for them should they be able to get an agreement with adjoining property owners. • City Staff had asked to see what it would look like to confirm it would meet City standards. This proposed final condition is on the PUD plans. It shows some improvements in this area being currently used as parking and an access easement. • This is not the intention or what is being reviewed under this PUD. It is shown on the PUD plans. • Staff has discussed this with the City Attorney who concurs that this development can move forward and meets all of the development requirements, including all parking requirements it is subject to through all applicable development regulations. • If this is in dispute, Staff sees this as a civil matter; however, the development application meets all City criteria and development requirements. • The plat being reviewed with this PUD shows this easement as a 30' access easement, but it does not reference where the easement came from. Staff Recommendations: Staff recommends Planning Commission move to approve Delo Lofts Final Plat/PUD/SRU: Resolution 25, Series 2016, a resolution recommending approval of a final plat for 4.39 acres which includes a 1.91 acre final planned unit development (PUD) and special review use (SRU) within the core area of the Highway 42 Revitalization District for 33 apartments and 8 live/work units with the following conditions: 1. The proposed signage shall be modified to comply with the Downtown Sign Manual.