8358 - AMENDING Title 9, “Land Use Code,” B.R.C. 1981, to create an Opportunity Zone overlay prohibiting demolition of attached dwelling units in federal Census Tract 122.03 for the period the tract is a qualified Opportunity Zone and repealing Ordinance 1 ORDINANCE 8358
AMENDING TITLE 9, "LAND USE CODE,"B.R.C. 1981, TO CREATE
AN OPPORTUNITY ZONE OVERLAY PROHIBITING DEMOLITION
4 OF ATTACHED DWELLING UNITS IN FEDERAL CENSUS TRACT
122.03 FOR THE PERIOD THE TRACT IS A QUALIFIED
5 OPPORTUNITY ZONE AND REPEALING ORDINANCE 8308, AS
AMENDED BY ORDINANCES 8312 AND 8314; AND SETTING
6
FORTH RELATED DETAILS.
7
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
8
9 COLORADO:
10 Section 1. Section 9-3-1, "Purpose of Overlays and How to Use the Overlays," B.R.C.
1 1 1981, to amended to read as follows:
9-3-1. -Purpose of Overlays and How to Use the Overlays.
12
(a)...
13
(3)Airport Influence Zone,and
14 (4) Medium Density Overlay Zone, and
15 (5) Opportunity Zone Overlay.
16
Section 2. A new Section 9-3-12, "Opportunity Zone Overlay," B.R.C. 1981, is added to
17
read as follows:
18 9-3-12. - Opportunity Zone Overlay.
19 (a) Legislative Intent: The purpose of this section is to enact an overlay zone for Census
20 Tract 122.03, described in Appendix 0, "Census Tract 122.03," and associated standards
in order to protect the public health, safety and welfare:
21
(1) Federal Census Tract 122.03 was certified by the federal government as an
22 opportunity zone;
(2) Investors in the opportunity zone, through opportunity zone funds, will receive
23 favorable tax relief as an incentive to invest in business and real estate within Census
24 Tract 122.03;
(3) It is anticipated that opportunity zone funds may lead to accelerated investment in
25 Census Tract 122.03;
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1 (4) The Boulder Valley Comprehensive Plan provides that the city will work with
neighborhoods to protect and enhance neighborhood character and livability and
2 preserve the relative affordability of existing housing stock;
(5) The Boulder Valley Comprehensive Plan describes that the city will make special
3 efforts to preserve and rehabilitate existing housing servicing low-, moderate-, and
middle-income households; and
4 (6) It is the intent of this section to prevent accelerated demolition of the existing
5 relatively affordable multi-family housing stock in Census Tract 122.03 to protect
existing neighborhood character in this area and preserve the existing housing stock
6 and its relative affordability.
7 (b) Applicability of this Section: The standards of this section shall apply during that period
8 of time that Census Track 122.03 is a qualified opportunity zone, as that term is defined
in 26 U.S.C. § 1400Z-1, or any successor legislation.
9
(c) No Demolition: Except as expressly allowed under subsection (e), no person shall carry
10 out or permit demolition of a building or part thereof that results in removal of any
attached dwelling unit in Census Tract 122.03.
11
12 (d) No Demolition Applications: The city manager shall not accept any demolition or
development application that proposes the demolition of a building or a part thereof and
13 results in removal of any attached dwelling unit in Census Tract 122.03 unless the
application proposes work allowed under subsection (e).
14
(e) Unsafe Buildings: As an exception to the standards of this section, a building or part
15 thereof may be demolished if the city manager has declared the building or relevant part
thereof to be unsafe or dangerous to the general public, occupants, or property or
16 otherwise unfit for human occupancy, and such that it is unreasonable to repair the
structure or relevant part thereof. In making such determination, the city manager will
17
consider the deficiencies of the structure or part thereof, including without limitation,
18 damage, decay, faulty construction, potential for collapse, disrepair or the presence of
health and safety concerns such as unsanitary conditions, infestation of rats or vermin,the
19 presence of filth and contamination, or other conditions that constitute a hazard to
occupants or the public.
20
(f) Maintenance: The city council intends to preserve from deliberate or inadvertent neglect
21 attached dwelling units in Census Tract 122.03. No owner, lessee or occupant of an
attached dwelling unit shall fail to comply with the ordinances of the city regulating
22 property maintenance, including without limitation Chapter 10-2, "Property Maintenance
23 Code," B.R.C. 1981.
Section 3. The council adopts Attachment A titled "Appendix 0: CENSUS TRACT
24
25 122.03," as an amendment to Title 9, "Land Use Code,"B.R.C. 1981.
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1 Section 4. This Ordinance repeals Ordinance 8308, and its amendments in Ordinances
2 8312 and 8314.
' Section 5. For the limited purposes of adopting this Ordinance, City Council suspends
4 the provisions of Subsection 9-1-5(a), "Amendments and Effect of Pending Amendments,"
5 B.R.C. 1981.
6 Section 6. 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 7. The City Council deems it appropriate that this Ordinance be published by
9 title only and orders that copies of this Ordinance be made available in the office of the city clerk
10 for public inspection and acquisition.
11
1 INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY
13
TITLE ONLY this 15th day of October 2019. —�
14
Suzanne Jones, OF
15 Mayor
Attest:
16
17 Lyn e Beck,
City Clerk
18
19 READ ON SECOND READING, PASSED AND ADOPTED, this 29th day of October
20 2019.
. : e •nes,;r
Mayor
23 Attest:
I
24 �' ��
Lyne Beck,
25 City Clerk
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Attachment A to Ordinance 8358
Appendix 0 - Census Tract 122.03
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Legend
Census Tract 122.03
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