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8244 - AMENDING Title 9, "Land Use Code," B.R.C. 1981, by the addition of development standards for ground floor commercial uses in the Mixed Use-3 Zoning District that includes property located along Pearl Street from 18th Street to Folsom Street; and se 1 ORDINANCE 8244 2 AN ORDINANCE AMENDING TITLE 9, "LAND USE CODE," B.R.C. 1981, BY THE ADDITION OF DEVELOPMENT 3 STANDARDS FOR GROUND FLOOR COMMERCIAL USES IN THE MIXED USE-3 ZONING DISTRICT THAT INCLUDES 4 PROPERTY LOCATED ALONG PEARL STREET FROM 18TH STREET TO FOLSOM STREET; AND SETTING FORTH 5 RELATED DETAILS. 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, 8 COLORADO: 9 10 Section 1. That portion of Table 6-1 labled "Use Table"related to the MU-3 zone, 11 Section 9-6-1, "Schedule of Permitted Land Uses," B.R.C. 1981, is amended as follows: 12 TABLE 6-1: USE TABLE 13 - - - Zoning District MU-3 14 Use Modules Ml Specific Use Standard 15 16 Detached dwelling units AC 9-8-4 9-6-3(j) 17 Detached dwelling unit * 9-6-3(c) with two kitchens 18 199-8-4 DuplexesC 9-6-3(j) 20 -. 21 Attached dwellings A-C 9-8-4 9-6-3(j) 22 Mobile home parks * Townhouses A-C 9-8-4 23 9-6-3(j) 24 25 K:IPLCU\o-8244 3rd rdg-.docx 1 Section 2. Section 9-6-3, B.R.C. 1981, is amended by the addition of a new subsection 2 (j) as follows: 3 9-6-3. —Specific Use Standards —Residential Uses. 4 5 (j) Residential Uses in the MU-3 Zoning District: Any new dwelling unit that is constructed 6 in the MU-3 zoning district shall be constructed and used in a manner that meets the following standards: 7 8 (1) For properties that front onto Pearl Street or streets that intersect with Pearl, the first floor above the finished grade at the street level shall be constructed to permit 9 a portion of the first floor to be used for dining and entertainment use, personal service use or retail sales use that is permitted in the MU-3 zoning district. 10 (2) Building entries for uses above the first floor may be permitted to the extent 11 necessary to provide access. 12 (3) Additional parking will not be required to be provided for the floor area that is necessary to meet the minimum depth of the first floor nonresidential use. All 13 floor area beyond the minimum depth shall meet the parking requirements of Section 9-9-6, "Parking Standards," B.R.C. 1981. 14 (4) The nonresidential space required by this section shall be used as a nonresidential 15 I principal use as permitted by Section 9-6-1, "Schedule of Permitted Land Uses," 16 B.R.C. 1981, and not be used for any residential principal or accessory uses. 17 (5) The first floor frontage requirements for nonresidential uses of this section and the requirements for window location, door location and miniumum lot frontage in 18 "Table 7-1: Form And Bulk Standards" may be modified for an individual landmark or a building within a historic district that has received a landmarks 19 alteration certificate as required by Chapter 9-11, "Historic Preservation," B.R.C. 1981. 20 21 Section 3. That portion of Table 7-1 labled "Building Design Requirements" related to 22 the MU-3 zone, Section 9-7-1, "Schedule of Bulk Standards," B.R.C. 1981, is amended as 23 follows: 24 25 K:IPLCU\o-8244 3rd rdg-.docx 1 TABLE 7-1: FORM AND BULK STANDARDS 2 DT-1 BMS DT-2 MU-2 Zoning District MU-3 DT-4 3 MU-4 DT-3 IMS DT-5 4 Form module n o p q r 5 6 Minimum ground floor 7 window area facing a n/a60% 60% 60% 60% n/a public street (9-9-3) 8 9 Primary building n/a 10 entrance location facing Yes Yes Yes Yes street Yes 11 Minimum percent of lot 12 frontage that must n/a70% I 70% 70% 70% 50% contain a building or 13 buildings 14 Maximum % of 3 rd 15 story floor area that can n/a n/a n/a n/a n/a be in a 4 th story 16 Wall length articulation 17 standards for side walls over 14' in height within n/a n/a n/a n/a n/a 18 20' of side property line 19 - 20 Section 4. This ordinance shall apply to any building permit applied for after March 20, 21 2018. Any project that has a building permit review or technical document review for the utility 22 or transportation improvements in anticipation of development may proceed under the 23 regulations in effect at the time of technical document submittal,provided that the applicant 24 diligently pursues all necessary approvals and construction thereafter. The applicant shall meet 25 K:IPLCU10-8244 3rd rdg-.docx 1 all deadlines related to the application set by the city manager. The application shall be complete 2 and demonstrate compliance with all applicable laws when submitted. Any failure to meet a 3 requirements of the city manager or this ordinance will result in a denial of such applicantion. 4 Any subsequent application shall meet the requirements in place at the time of the application. 5 6 Section 5. This ordinance is necessary to protect the public health, safety, and welfare of 7 the residents of the city, and covers matters of local concern. 8 Section 6. The city council deems it appropriate that this ordinance be published by title 9 only and orders that copies of this ordinance be made available in the office of the city clerk for 10 public inspection and acquisition. 11 12 INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY 13 TITLE ONLY this 20th day of March 2018. �----- --�, 14 Suzanne,Jones Mayor.- 15 Attest: 16 17 Lynn t- Beck , City Clerk 18 19 READ ON SECOND READING, AMENDED AND PASSED, this 1st day of May 2018. 20 �---- �-•----�.. 21 Suzanne'`Jones, ay 22 Attest: �- 23 24 j Lyn" eck,ICity Clerk 25 K:TLCU\o-8244 3rd rdg-.docx 1 READ ON THIRD READING, PASSED AND ADOPTED, this 5th day of June 2018. 2 3 —� - Suzanne onset; br/ 4 Attest: 5 .7›,--L- 7Lynn1_,L4itrAll-17 eck, City Clerk 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 K:IPLCU10-8244 3rd rdg-.docx