6A - Residential Growth Management System, BRC 1981, Allocations Awarded to Villa Del PradoCITY OF BOULDER
PLANNING BOARD AGENDA ITEM
MEETING DATE: October 4, 2001
(Agenda Item Preparation Date: September 21, 2001)
AGENDA TITLE:
Public hearing and consideration of matters related to Chapter 9-6, "Residentiai Growth
Management System," B.R.C. 1981, for a time extension for banked quarterly allocations
awarded to Villa Del Prado (Mohawk and Baseline). This hearing will be held pursuant
to the provisions of Chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981.
REQUESTING DEPARTMENT:
Planning Department
Peter Pollock, Planning Director
Robert O Cole, Director of Land Use Review
Brent Bean, Senior Planner
BACKGROUND ON RESIDENTIAL GROWTH MANAGEMENT:
The city of Boulder's Residential Growth Management system was implemented in the fall of
1976 in order to control the rate of growth within the city on an annual basis. The origina]
regulation limited the city to a two percent annual rate, but in 1995 the annual rate was reduced
to one percent. New development, which includes the construction of one or more residential
units, must have an allocation befare an application for a building permit can be made. Currently,
approximately 400 allocations are available every year under the system. Planning Board has
not had to consider a Residential Growth Management System request this year. The following
discussion has been provided as a reminder of some of the provisions of the Residential Growth
Management System.
There are several ways to apply for allocations. "Quarterly Allocations" have historically been
the most common method used for obtaining an allocation. Every three months, 25 percent of
the year's allocations are made available to applicants. If more allocations are requested than
allocations available in a quarter, Planning Board is required to approve the disbursement of the
allocations far that quarter. For the past year there have been fewer allocations requested, and
staff has assigned quarterly allocations to applicants requesting quarterly allocations.
A second method of acquiring allocations is "Banking" allocations. This requires the
acquisition of quarterly allocations and holding the allocations over a period of time until enough
allocations have been acquired to develop the project. The maximum number of a~locations a
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project can receive within a year is 40 or if authorized by Planning Board up to 75. When a
project has more than 75 allocations, the applicant can bank quarterly allocations from quarter to
quarter, or year to year if necessary, until all allocations have been acquired. Once the needed
number of allocations has been acquired, the allocations must be used within two quarters
(approximately six months). Vi1Sa Del Prado used this method to acquire 91 allocations.
The third method to acquire an allocation is "Excess Allocations; ' which results from unused
quarterly allocations or carryover allocations from a previous year. This year, we have given out
more Excess Allocations than normal because there has been a large number of excess
allocations available, and they can be obtained within a few days of being requested.
The fourth method is from "Exempt Altocations." Several project types are exempt from the
provisions of Residential Growth Management System, such as Pexxnanently Affordable units,
(projects that have 35 percent or more Permanently Affordable units), and Mixed Use
developments. Planning Board may also award exempt allocations to landmarked buildings and
group housing for special populations. Projects, such as the Village at Boulder (35 percent or
more Permanently Affordable Housing), Violet Hollow and The Black Smith shops on Pearl
(mixed use), have used these allocations this year.
The fi8h method is from "Reserved Allocations." Reserved allocations are no longer issued
under the provisions of the 2000 Residential Growth Management System due to changes, but
there were several projects that had reserved allocations issued under the provisions of the 1995
Residential Growth Management System. Steelyards and Dakota Ridge have Reserved
agreements that were approved prior to adoption of the 2000 Residential Growth Management.
Requests for time extension:
Under the provisions of the section 9-6-8(b), the Planning Board may, for good cause, impose
terms and conditions on the grant of any allocation, including, without limitation, modification of
the time period.
Extension of a Banking Request:
Villa Del Prado received all of the required banked allocations to construct this project in the
first quarter of this year; however, in reviewing ownership for this site, it was found that three
unapproved parcels (lots) were created in the 1980s without approval of a subdivision under the
city's subdivision process. As a result, a request to ciarify the current illegal status of these lots is
under review. It has been determined that City Council must act to acknowledge the status of the
1980s lot separations before any additional development is permitted on this site. It took Villa
Del Prado over three years to accumulate the 91 allocations needed to start development of this
site. Staff is recommending that Pianning Board extend the validity of the banked allocations to
Julyl, 2002, allowing City Council time to review and act as deemed appropriate on the status of
the previous divisions of this property. Without granting this time extension, the allocations will
be void, and the applicant would be required to wait another two years or more to accumulate the
necessary allocations to develop this site. The low income housing units approved in 1980 for
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this project were to be constructed within the 91 units yet to be developed on this site. Two of die
lots already have developed with 41 units. The applicant desires to complete the original
development as approved in the 1980s for this site. Construction would begin this year if the
]egal status of the lots can be resolved.
RECOMMENDATION:
Planning staff recommends that Planning Board take the following actions:
1. Approve a twelve-month time extension for the 91 banked allocations for Villa Del Prado
to July 1, 2002.
CONDITIONS OF AWARD:
The conditions imposed on allocations are listed below. Staff recommends that the Board
impose these conditions for the award of allocations.
The applicants shall comply with all representations and agreements made in the
application and site plans submitted to the city of Boulder Planning Department and
representations at the hearing.
2. Extend the 91 Banked allocations allotted to Villa Del Prado in the first quarter of 2001
to July 1, 2002.
Approved By:
/ C~,~-- C~~' ~-CJ C/ ~
Peter Pollock, Director
Planning Department
ATTACHMENTS:
Attachment A: Letter requesting a time extension far the banked
allocations for Villa Del Prado
Attachment B: Table of 2001 allocations use (distribution)
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ATTACHMENT A
Brian Rick and Associates, Inc.
1993 Clipper Drive
Lafayette, CO 80026
Phona (303) GG4-5704 Faz (303) GG4-5708
e-mail betQindrs.com
6/18I01
Mr. Brent Bean
City of Boulder, Senior Planner
Building Services Center
1739 Broadway, PO Box 791
Boulder, Colorado 80306
Re: Villa Del Prado Building Permit Allocation Reservation
Dear Brent:
Today, pursuant to our recent conversations, we have submitted a proposed
ordinance containing a correction plat for the above referenced property. Also
included in this ordinance is the reservation of the 91 building permit allocations
approved for this project In that the continued allocation of permits is to the
success of this project, we are concemed that the aliocations not e~ire. Please
consider this letter as weU as the correction plat ordinance, as a formal request
for the continued reservation or these alloca6ons.
Thank you for your assistance.
Sincerely, ~7 /
/~zcs+~/ ~' / ~C
Brian E. Rick
ApB~da Ibm i~"9 Page k~
ATTACHMENT B
Allocation use for 2001 to date
I UNRESTRICTED ALLOCATIONS THIRD OUARTER OF 2001 I
QUARTERLY
Carryover from 4~h quarter 2000
Carryover from is` quarter (102 allocations were available)
Canyover from 2"d quarter (102 allocations were available)
Carryover from 3rd quarter (102 allocations were available)
Carry over from 4`h quarter (102 available, no request this qt.)
Excess Allocations* used to date
Current total allocations available for 2001(Excess Allocations)
Dakota Ridge Village Reserved allocations used to date
Exempt** allocations issued to date
Demolition*** allocations issued to date
94
92
101
98
102
~ 12
475
67
153
* Excess Allocations are the allocations not used in a quarter and the allocations that are
carried over from a previous year.
** Exempt allocations do not count against the allocations available within the year they are
issued. However, the number of Exempt allocations used in a year are subtracted from the
total number of unused Excess allocations at the end of the year to determine the amount of
carryover allocations for the next year.
***Demolished allocations do not count against the system because they represent the
replacement of an existing unit. This number does, however, represent the number of units
that have been more than 75 percent demolished and replaced with a new residence this year.
Maximum carryover of allocations from one year to the next is 100 or 25 percent of the total
unused allocations (whichever is less) carried over from one year to the next. There were 376
carryover allocations from 2000 available at the first of 2001. This number was adjusted by the
25 percent figure resulting in 94 excess allocations avaitable for 2001.
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