Franklin Commons approved with conditions

Plans to resuscitate the Bader House property in Niwot cleared a major hurdle last week when the Boulder County Community Planning and Permitting department issued a conditional approval of the Franklin Commons project after a two-month Site Plan Review. The proposal is now subject to a 14-day public comment period, and will become final on Feb. 5, barring further action from the Board of County Commissioners (BOCC).

The version of the plans approved by the CPP call for a two-story, mixed-use building on the north half of the 10,590 square foot lot, containing five residential units averaging 570 square feet, and two commercial units of 977 square feet. It also includes a new kitchen addition and minor upgrades to the historic Bader House. The property formerly housed Colterra Food & Wine, which primarily used the fire-damaged barn-like structure.

In a determination letter dated Jan. 21, the CPP staff found the proposal "consistent with the Boulder County Land Use Code," in most respects, including lot coverage, setbacks, and building height, but attached several conditions to be addressed before building and other permits will be issued. Those include changes to the pedestrian walkway on Franklin Street; alterations to the windows in the commercial units; and additional landscaping to act as a buffer between the Bader House and the proposed addition. Some conditions arose from a review by the Historic Preservation Advisory Board, which is advised locally by the Niwot Design Review Committee.

For Anne Postle of osmosis art and architecture, the project's designer, there weren't many surprises in the CPP's approval.

"It ended up like we expected," she said.

But some questions do remain for Postle and property owner Terry Palmos of Palmos Development Corporation, specifically about the proposed alley improvements, a topic which still seems unresolved.

"The biggest question mark is that the permit will be dependent on engineering of the grading and drainage of the alley," Postle said of the CPP's conditions. "And since the engineering hasn't started, we have no idea what that really means."

The Franklin Commons proposal included a proposed alley cross section, showing a 16-foot gravel road, with a four-foot easement. In the determination letter, the county is requiring Palmos and Postle to submit "engineered plans" showing that those improvements meet drainage requirements for the property. Originally, staff planners wanted to see the plans during site review, but Postle said those types of plans are premature in the preliminary stages and would have delayed the process "by months."

"We pushed back on that, because that's not what site plan review is about. Site plan review is supposed to be, let's make sure everybody's on the right path.... We're fine with that as part of the permitting process. But it seemed unreasonable to spend that kind of money when you didn't even know if they were going to allow you to do the building."

During the 14-day public comment period, neighbors and other interested community members are invited to submit comments or concerns about the Franklin Commons project that will be reviewed by the BOCC. If they determine the proposal merits further review, the Commissioners could schedule a public hearing to gather more information. During the site plan review, CPP received 17 comments or questions from neighboring residents and other community members, including a number of 3rd Avenue residents who expressed concerns about the alley and balconies.

"Second story balconies on the rear are great for the tenants but from our perspective across the alley they create an omnipresent viewing platform overlooking our semi-rural yards, taking away our privacy," read a comment from Dave Snow.

Another comment, from Niwot resident Scott Black, questioned the need for in-fill development on 2nd Avenue.

"I'm growing fearful of "cramming" things into small spaces just because we're supposedly running out of room in Niwot... I appreciate doing something with the property, as it is needed, but I don't think this is the answer."

But Postle isn't expecting further review from the commissioners, since there seems to be more support for revitalizing the corner of 2nd Avenue and Franklin Street than letting it continue to sit vacant, contra Mr. Black's sentiments.

"There hasn't been too much public opposition so far, so I think it will be approved without a hearing," Postle said. "But I guess we'll see."

Comments on the Franklin Commons development are due by Feb. 4. Email planner@bouldercounty.org or call 303-441-3930. For more information about the proposal, visit http://www.bouldercounty.org/landusedockets and enter SPR-20-0079.