8359 - AMENDING Title 9, “Land Use Code” regarding est/29/19ablishing a new community benefits program related to building height regulations for certain areas of the city, Intro 10/1/19, 2nd Reading and Amended 10/15/19, 3rd Reading and Adoption 10/29/1 1 ORDINANCE 8359
2
AN ORDINANCE AMENDING TITLE 9, "LAND USE CODE," B.R.C.
3 1981, REGARDING ESTABLISHING A NEW COMMUNITY
BENEFIT PROGRAM RELATED TO BUILDING HEIGHT
4 REGULATIONS FOR CERTAIN AREAS OF THE CITY AND
5 MODIFYING THE EXPIRATION CLAUSE RELATED TO THE
HEIGHT REGULATIONS ESTABLISHED IN ORDINANCE 8028
6 (AND ORDINANCES 8172 AND 8252); AND SETTING FORTH
RELATED DETAILS.
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
9 COLORADO:
10 Section 1. Section 9-2-14, "Site Review," B.R.0 1981, is amended to read as follows:
I I 9-2-14. - Site Review.
12 (a) Purpose: The purpose of site review is to allow flexibility and encourage innovation in land
13 use development. Review criteria are established to promote the most appropriate use of
land, improve the character and quality of new development, to facilitate the adequate and
14 economical provision of streets and utilities, to preserve the natural and scenic features of
open space, to assure consistency with the purposes and policies of the Boulder Valley
15 Comprehensive Plan and other adopted plans of the community, to ensure compatibility with
existing structures and established districts, to assure that the height of new buildings is in
16 general proportion to the height of existing, approved, and known to be planned or projected
buildings in the immediate area, to assure that the project incorporates, through site design,
17 elements which provide for the safety and convenience of the pedestrian, to assure that the
project is designed in an environmentally sensitive manner, aceto assure that the building is
18 of a bulk appropriate to the area and the amenities provided and of a scale appropriate to
pedestrians, and to set requirements for additional height, density, and intensity that provide
19 additional benefits to the community beyond the underlying zoning.
20 (b) Scope: The following development review thresholds apply to any development that is
eligible or that otherwise may be required to complete the site review process:
21 (1) Development Review Thresholds:
22 (A) Minimum Thresholds for Voluntary Site Review:No person may apply for a site
review application unless the project exceeds the thresholds for the "minimum
23 size for site review" category set forth in Table 2-2 of this section or a height
modification pursuant to Subparagraph (E) below on any lot is requested.
24
(B) Minimum Thresholds for Required Site Review: No person may apply for a
25 subdivision or a building permit for a project that exceeds the thresholds for the
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1 "concept plan and site review required" category set forth in table 2-2 of this
section until a site review has been completed.
(C) Common Ownership: All contiguous lots or parcels under common ownership or
control, not subject to a planned development,planned residential development,
planned unit development, or site review approval, shall be considered as one
4 property for the purposes of determining whether the maximum site review
thresholds below apply. If such lots or parcels cross zoning district boundaries,
5 the lesser threshold of the zoning districts shall apply to all of the lots or parcels.
6 (D) Previously Approved Developments: Previously approved valid planned unit
developments that do not otherwise meet the minimum site review thresholds may
be modified or amended consistent with the provisions of this title pursuant to
7
Subsections (k) and (1) of this section.
8 (E) Height Modifications: A development which exceeds the permitted height
requirements of Section 9-7-5, "Building Height," or 9-7-6, "Building Height,
9 Conditional," B.R.C. 1981, is required to complete a site review and is not subject
10 to the minimum threshold requirements.No standard other than height may be
modified under the site review unless the project is also eligible for site review. A
I I development that exceeds the permitted height requirements of Sections 9-7-5 or
9-7-6, B.R.C. 1981, must meet any one of the following circumstances in addition
12 to the site review criteria:
i The hei.ht modificati.n is to allow a roof that has a .itch of 2:12 or .reater
13 in a buildin• with three .r fewer storie and the .ro.osed height does not
exceed the maximum height permitted in the zoning district by more than
14 ten feet.
15 (ii) The building is in the Industrial General, Industrial Service, or Industrial
Manufacturing Zoning District and has two or fewer stories or the height is
16 necessary for a manufacturing,testing, or other industrial process or
equipment.
17 (iii) The height modification is to allow up to the greater of two stories or the
maximum number of stories permitted in Section 9-7-1, B.R.C. 1981, in a
18 building and the height modification is necessary because of the to.os?raph
of the site.
19 (iv) At least forty percent of the floor area of the building is used for units that
meet the requirements for permanently affordable units in Chapter 9-13,
20 "Inclusionary Housing," B.R.C. 1981.
(v) The height modification is to allow an emergency operations antenna.
21 Zvi) The building or use is located in an area designated in Appendix J. "Areas
22 Where Height Modifications May Be Considered,"and meets the
requirements of Paragraph 9-2-14(h)(21(K1 "Additional Criteria for Height
23 Bonuses and Land Use Intensity Modifications for Properties Designated
Within Appendix J," B.R.C. 1981.1
24
25 ' Th- lim' . '.n .f hi so, .!r,oh vi t. a buildin. or u - lo .ted in .n .r-a .- i!nat-. i A..-nd x -x.ire .n
May 31,2021 per Ordinance 8359.
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1 TABLE 2-2: SITE REVIEW THRESHOLD TABLE
2 Zoning Minimum Former Zoning
Concept Plan and
District Use Form Intensity Size for Site 1
3 Site Review Required District
Abbreviation Review Abbreviation
4 A A a 1 2 acres - (A-E) j
3 acres or 50,000
5
BC-1 B3 f 15 1 acre square feet of floor (CB-D)
6 area
2 acres or 25,000
7 square feet of floor
BC-2 B3 f 19 1 acre area or any site in (CB-E)
8
BVRC
9 3 acres or 50,000
BCS B4 m 28 1 acre square feet of floor (CS-E)
10
area
11 3 acres or 50,000
BMS B2 o 17 0 square feet of floor (BMS-X)
12 area
3 acres or 50,000
13 BR-1 B5 f ` 23 0 square feet of floor (RB-E)
14 area
3 acres or 50,000
15 BR-2 B5 f 16 0 square feet of floor (RB-D)
area
16 —
2 acres or 30,000
17 BT-1 B1 f , 15 1 acre square feet of floor (TB-D)
! area
18 2 acres or 30,000
BT-2 B1 e f 21 0 1 square feet of floor (TB-E)
19 ,
area
20 1 acre or 50,000
DT-1 D3 p 25 0 square feet of floor (RB3-X/E)
21 area
22 1 acre or 50,000
DT-2 D3 p 26 0 square feet of floor ! (RB2-X)
23 area
24 1 acre or 50,000
DT-3 D3 p 1 27 0 square feet of floor 1 (RB2-E)
25
area 1
_-
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1 7 1 acre or 50,000
DT-4 D l q i 27 E 0 square feet of floor (RB 1-E)
2 1 area
3 ' 1 acre or 50,000
DT-5 D2 p 27 0 square feet of floor (RB 1-X)
4 area
i
5 acres or 100,000
5 IG I2 f 22 i 2 acres ( square feet of floor (IG-E/D)
6
area
I i 5 acres or 100,000
7 IM i I3 f 20 2 acres square feet of floor (IM-E/D) i
s 3 area
3 acres or 50,000
9 IMS 14 r 18 0 ' square feet of floor (IMS-X)
area
105 acres or 100,000 ����
11 IS-1 11 f 11 2 acres square feet of floor (IS-E)
area 1
12 1 I 5 acres or 100,000 7
IS-2 I1 f 10 2 acres , square feet of floor (IS-D)
13
area
14 , 7 —I— 5 or more ���—
1
units are
15 MH i MH s - permitted on - (MH-E)
I the property
MU-1 M2 i 18 0 1 acre or 20 dwelling (MU-D)
17 ? units
3 acres or 50,000
18 MU-2 M3 r 18 i 0 square feet of floor (RMS-X)
area
19
5 or more 1 acre or 20 dwelling
20 MU-3 M I n 24 units are units or 20,000 square
permitted on feet of nonresidential (MU-X)
21 the property floor area
22 3 acres or 50,000
MU-4 M4 o24.5 0 square feet of floor
23 j $ area
5 acres or 100,000
24 P P c j 5 2 acres square feet of floor (P-E)
, area
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1 5 or more
units are
2 RE R 1 b 3 pt he on - (ER-E)
theerpropertytot
2 acres or 20 dwelling
4 RH-I R6 j I 12 0 units (HR-X)
I
2 acres or 20 dwelling ®®® _
5 RH-2 R6 c 12.5 0 (HZ-E)
units
6 5 or more
RH 3 R7 1 14 units are 2 acres or 20 dwelling7 (HR1-X)
permitted on units
. the property
8 J
5 or more
9 R1-1-4 R6 h 15 units are 2 acres or 20 dwelling (HR-D)
I permitted on units
10 1 the property
II
5 or more �
RH 5 R6 c 19 units are 2 acres or 20 dwelling (HR-E)
12 permitted on units
the property
13 5 or more
14 RH-6 R8 j 17.5 units are 3 acres or 20 dwelling -
permitted on units
15 . the property
5 or more '
16 units are 2 acres or 20 dwelling I I
RH-7 R7 i 14 permitted on units
17
the property
18 5 or more
RL-1 R I d 4 units are 3 acres or 18 dwelling E (LR-E)
19 permitted on units
the property
20 — _ m
5 or more
21 RL-2 R2 g 6 units are 3 acres or 18 dwelling (LR-D)
permitted on units
22 the property
5 or more i �-�--�--__.__
23 RM-1 R3 9 units are 2 acres or 20 dwelling
(MR-D)
g permitted on units ( )
the property
25
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5 or more
units are '2 acres or 20 dwelling
2 RM-2 R2 d 13 permitted on units 1 (MR-E)
the property
5 or more
4 units are 2 acres or 20 dwelling
RM-3 R3 1-I
j 1 13 permitted on units (MR-X)
5 the property I
, -
6 i � 5 or more ,
units are ;2 acres or 20 dwelling ?
RMX-1 R4 ' d 7 (MXR-E)
7 permitted on ; units
j I the property
8 ! 2 acres or 20 dwelling
II
RMX-2 R5 I k 8 0 units (MXR-D)
5 or more
10 RR-1 RI a 2 units are - (RR-E)
permitted on 1
11 iI I the property
12 S or more
RR-2 R1 b 2 units are I - (RR1-E)
13 permitted on
the property
14
15 (2) Poles Above the Permitted Height: The city manager will follow the following
procedures for the review, recommendation, call-up and effective date for the approval of
16 poles above the permitted height.
17 (A) Light Poles at Government-Owned Facilities: The city manager will determine
whether or not to approve an application for light poles at government-owned
18 recreation facilities between thirty-five and fifty-five feet in height, subject to call-
up by the planning board pursuant to the procedures set forth in Subsection 9-2-
19 7(b), B.R.C. 1981.
20 (B) Poles Over Fifty-Five Feet in Height: The city manager will determine whether or
not to approve all applications for poles over fifty-five feet in height, subject to
21 call-up by the city council pursuant to the procedures set forth in Subsection 9-2-
7(c), B.R.C. 1981.
22 (3) Exceptions: The following developments that exceed the minimum site review thresholds
set forth in this section shall not be required to complete a site review:
23
(A) Minor modifications and amendments under this section to approved development
24 review applications;
(B) Building permits for additions to existing structures that do not exceed a
25
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1 cumulative total, over the life of the building, of twenty-five percent of the size of
the building on which the addition is proposed and that do not alter the basic intent
2 of an approved development;
3 (C) Subdivisions solely for the purpose of amalgamating lots or parcels of land;
(D) Subdivisions solely for the purpose of conveying property to the City;
4
(E) City of Boulder public projects that are otherwise required to complete a public
5 review process; and
(F) Projects located in areas defined by Appendix L, "Form-Based Code Areas," that
6 are required to complete form-based code review pursuant to Section 9-2-16,
"Form-Based Code Review," B.R.0 1981.
7
(c) Modifications to Development Standards: The following development standards of B.R.C.
8 1981 may be modified under the site review process set forth in this section:
9 (1) 9-7-1, "Schedule of Form and Bulk Standards" and standards referred to in that section
except that the standards referred to as "FAR Requirements" may not be modified
10 under this paragraph and are subject to Section 9-8-2, B.R.C. 1981;and the maximum
height or conditional height for principal buildings or uses may be modified only;
1 1 except as permitted h}-in Paragraph 9-2-14(b)(1)(E), B.R.C. 1981paragraph(c)(2)
.
12 (2)_The maximum height or conditional height for principal buildings or uses may ho
13 modified in any of the following circumstances:
(A) For building or uses designated in Appendix J "Areas Where Height
14 Modifications May Be Considered."
15 (B) Industrial General, Industrial Service, and Industrial Manufacturing districts if
the building has two or fewer stories or if the height is necessary for a
16 manufacturing, testing or other industrial process or equipment.
(C) In all zoning districts, if the height modification is to allow up to the greater of
17 two stories or the maximum number of stories permitted in Section 9 7 1 in a
18 building and the height modification is necessary because of the topography of
the site.
19 (D) In all zoning districts if at least forty percent of the floor area of the building is
20 Chapter 9 13, "Inclusionary Housing," B.R.C. 1981. . . .
21 (E) For emergency operations antenna.}
(32) 9-8-1, "Schedule of Intensity Standards," table 8-1, minimum lot area(in square feet
22 unless otherwise noted) and the floor area ratio standards to permit the averaging of
23 floor area across multiple building sites within a zoning district.
(43) 9-8-4, "Housing Types and Density Bonuses Within an RMX-2 Zoning District."
24 (5-4) 9-9-2(b), "Maximum Permitted Buildings on a Lot."
25
+ • -
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1 (65) 9-9-2(e), "Entire Use Located on One Lot."
2 (7) 9-9-3(a), "Window Requirements for Buildings."
(87) 9-9-4, "Public Improvements" and Subsection 9-12-12(a), "Standards for Lots and
3 Public Improvements," "Conditions Required," only to the extent that certain
development criteria for alternative street standards are noted in the City of Boulder
4 Design and Construction Standards.
5 (98) 9-9-5, "Site Access Control."
(-1-02) 9-9-6, "Parking Standards."
6
(140) 9-9-7, "Sight Triangles."
7 (121) 9-9-9, "Off-Street Loading Standards."
8 (14q) 9-7-13, "Mobile Home Park Form and Bulk Standards."
9 (14) 9-9-12, "Landscaping and Screening Standards."
(134) 9-9-11(c), "Open Space Standards for Buildings Over Twenty-Five Feet in Height."
10 (16) 9-9-11, "Useable Open Space," to the extent permitted in Paragraphs 9-9-11(0(2),
11 (0(4), (0(6) and (i)(7), B.R.C. 1981.
(176) 9-9-13, "Streetscape Design Standards."
12
(187) Land use intensity modifications pursuant to Paragraphs 9-2-14(h)(2)(I) and
13 (h)(2)(J), land use intensity modifications for nonresidential buildings.
(19 ) 9-9-14, "Parking Lot Landscaping Standards."
14
(2019) 9-9-15, "Fences and Walls."
15 (2-1-0) 9-9-17, "Solar Access."
16 (221) Standards for wall signs on parapet walls to the extent permitted by Paragraph 9-9-
21(d)(14)(D), B.R.C. 1981.
17
(282) 9-10-3(c)(4)(B), "No Reduction in Affordable Units."
18 (24) 10-12-7, "Accessory Structures."
19 (254) 10-12-13, "Mobile Home Park Environmental Standards."
(26) 10-12-14, "Nonresidential Uses in Mobile Home Parks."
20 (276) 10-12-18, "Windbreaks."
21 (287) 10-12-19, "Mobile Home Park Streets and Walkways."
22 (298) 10-12-23, "Permanent Buildings."
(d) Application Requirements: An application for approval of a site plan may be filed by any
23 person having a demonstrable property interest in land to be included in a site review on a
form provided by the city manager that includes, without limitation:
24
(1) All materials and information required by Subsection 9-2-6(a), B.R.C. 1981;
25
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1 (2) A site plan with a north arrow showing the major details of the proposed development,
prepared on a scale of not less than one inch equals one hundred feet providing
2 sufficient detail to evaluate the features of the development required by this section.
The site plan shall contain, insofar as applicable, the information set forth in this
3 subsection;
4 (3) The existing topographic character of the land, showing contours at two-foot intervals;
(4) The site and location of proposed uses with dimensions indicating the distance from lot
5 lines;
6 (5) The location and size of all existing and proposed buildings, structures and
improvements, and the general location of adjacent streets, structures and properties;
7 (6) The maximum height of all buildings and building elevations showing exterior colors
8 and materials;
(7) The density and type of uses;
9
(8) The internal traffic and circulation systems, off-street parking areas, service areas,
10 loading areas and major points of access to public rights-of-way;
(9) The location, height and size of proposed signs, lighting and advertising devices;
11
(10) The areas that are to be conveyed, dedicated or reserved as parks, recreation areas,
12 playgrounds, outlots or open space and as sites for schools and other public buildings;
13 (11) The areas that are to be conveyed, dedicated or reserved for streets, alley and utility
easements;
14 (12) The areas subject to the one hundred-year flood as defined in chapter 9-16,
"Definitions," B.R.C. 1981, and any area of the site that is within a designated space
15 conveyance zone or high hazard zone;
16 (13) A general landscaping plan at the time of initial submission to be followed by a detailed
landscaping plan prior to or as a condition of approval, showing the spacing, sizes,
17 specific types of landscaping materials, quantities of all plants and whether the plant is
coniferous or deciduous. All trees with a diameter of six inches and over measured
18 fifty-four inches above the ground on the property or in the landscape setback of any
property adjacent to the development shall be shown on the landscaping plan.
19 (14) A shadow analysis depicting shadows on December 21, as described in the solar
20 analysis instructions provided by the city manager, and depicting shadows calculated
pursuant to Subsection 9-9-17(d), B.R.C. 1981, for those buildings that affect adjacent
21 properties;
(15) A written statement containing the following information:
22
(A) A statement of the current ownership and a legal description of all of the land
23 included in the project;
24 (B) An explanation of the objectives to be achieved by the project, including,
without limitation, building descriptions, sketches or elevations that may be
25 required to describe the objectives;
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1 (C) A development schedule indicating the approximate date when construction of
the project or phases of the project can be expected to begin and be completed;
2 and
(D) Copies of any special agreements, conveyances, restrictions or covenants that
3
will govern the use, maintenance and continued protection of the goals of the
4 project and any related parks, recreation areas, playgrounds, outlots or open
space;
5 (16) Materials required by the City of Boulder Design and Construction Standards,
6 including, without limitation, a traffic study, master utility plan, utility report and storm
water report and plan for any application that proposes to construct or have an impact
7 on public improvements; and
(17) Plans for preservation of natural features existing on the site or plans for mitigation of
8 adverse impacts to natural features existing on the site from the proposed development
and anticipated uses. Natural features include, without limitation, healthy long-lived
9 trees, significant plant communities, ground and surface water, wetlands, riparian areas,
10 drainage areas and habitat for species on the federal Endangered Species List, "Species
of Special Concern in Boulder County" designated by Boulder County, or prairie dogs (
11 Cynomys ludiovicianus) which is a species of local concern.
(18) A tree inventory that includes the location, size, species and general health of all trees
12 with a diameter of six inches and over measured fifty-four inches above the ground on
the property or in the landscape setback of any property adjacent to the development.
13 The inventory shall indicate which trees will be adversely affected and what if any
steps will be taken to mitigate the impact on the trees. The tree inventory shall be
14 prepared by a certified arborist that has a valid contractor license pursuant to chapter 4-
15 28, "Tree Contractor License," B.R.C.
(e) Additional Application Requirements for Height Modification: The following additional
16 application requirements apply if the development proposal includes a request for the
modification of the permitted height:
17
(1) Preliminary building plans including sketches and elevations illustrating the proposed
18 building or pole and indicating how the height was calculated;
(2) For developments in all Downtown (DT) districts, aA model, at a scale of no less than
19 one inch equals thirty feet, of the proposed building and all buildings and property within
70 one hundred feet of the proposed project or a digital model that clearly depicts a similar
context;
21 (3) - . .. •-- •- . :: ! •- n illustration of the proposed
building shown from street level demonstrating the pedestrian view, including, without
22 limitation, a perspective, computer model or photographic montage;
23 (4) A shadow analysis, as described in the solar analysis instructions provided by the city
manager, that shows the shadow cast by a thirty-five-foot building located at the required
24 setback and the shadow cast by the proposed building;
25 (5) A list of the height of each principal building located or known to be proposed or
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approved within one hundred feet of the proposed project;
2 (6) A written statement and drawings which describe the way in which the proposal
accommodates pedestrians, including, without limitation, uses proposed for the ground
3 level,percent of transparent material at the ground level, and signage and graphics;and
(7) A detailed plan showing the useable open space and a written statement of how it serves
4 the public interest; and
5 (8) Plans and a written statement demonstrating that the development meets the requirements
for a height bonus specified in Subparagraph 9-2-14(h)(2)(K), B.R.C. 1981.
6 (f) Public Notification: After receiving an application the city manager shall provide public
7 notification pursuant to Section 9-4-3, "Public Notice Requirements," B.R.C. 1981, shall be
provided.
8 (g) Review and Recommendation: The city manager will review and decide an application for a
site review in accordance with the provisions of Section 9-2-6, "Development Review
9 Application," B.R.C. 1981, except for an application involving the following, which the city
manager will refer with a recommendation to the planning board for its action:
10
(1) A reduction in off-street parking of more than fifty percent subject to compliance with the
I I standards of Subsection 9-9-6(f), B.R.C. 1981.
1 (2) A reduction of the open space or lot area requirements allowed by subparagraph (h)(2)(I)
of this section.
13 (3) An application for any principal or accessory building above the permitted height for
principal buildings set forth in Section 9-7-1, "Schedule of Form and Bulk Standards,"
14 B.R.C. 1981.
15 (4) An increase in density in the RH-1, RH-2 and RH-3 districts consistent with Section 9-8-
3, "Density in the RH-1, RH-2, RH-3 and RH-7 Districts," B.R.C. 1981.
16 (h) Criteria for Review:No site review application shall be approved unless the approving
agency finds that:
17
(1) Boulder Valley Comprehensive Plan:
18 (A) The proposed site plan is consistent with the land use map and the service area
19 map and, on balance, the policies of the Boulder Valley Comprehensive Plan.
(B) The proposed development shall not exceed the maximum density associated with
20 the Boulder Valley Comprehensive Plan residential land use designation.
Additionally, if the density of existing residential development within a three-
21 hundred-foot area surrounding the site is at or exceeds the density permitted in the
Boulder Valley Comprehensive Plan, then the maximum density permitted on the
22 site shall not exceed the lesser of:
23 (i) The density permitted in the Boulder Valley Comprehensive Plan, or
24 (ii) The maximum number of units that could be placed on the site without
waiving or varying any of the requirements of Chapter 9-8, "Intensity
25 Standards," B.R.C. 1981, except as permitted for building sites with
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1 permanently affordable units meeting the requirements of Paragraph 9-10-
3(c)(4), "Nonconforming Permanently Affordable Units," B.R.C. 1981.
2 (C) The proposed development's success in meeting the broad range of BVCP policies
3 considers the economic feasibility of implementation techniques required to meet
other site review criteria.
4 (2) Site Design: Projects should preserve and enhance the community's unique sense of
place through creative design that respects historic character, relationship to the natural
5 environment, multi-modal transportation connectivity and its physical setting. Projects
6 should utilize site design techniques which are consistent with the purpose of site
review in Subsection (a) of this section and enhance the quality of the project. In
7 determining whether this subsection is met, the approving agency will consider the
following factors:
8 (A) Open Space: Open space, including, without limitation, parks, recreation areas
and playgrounds:
9
(i) Useable open space is arranged to be accessible and functional and
10 incorporates quality landscaping, a mixture of sun and shade and places to
gather;
I 1 (ii) Private open space is provided for each detached residential unit;
12 (iii) The project provides for the preservation of or mitigation of adverse
impacts to natural features, including, without limitation, healthy long-lived
13 trees, significant plant communities, ground and surface water, wetlands,
riparian areas, drainage areas and species on the federal Endangered
14 Species List, "Species of Special Concern in Boulder County" designated
by Boulder County, or prairie dogs (Cynomys ludiovicianus), which is a
15 species of local concern, and their habitat;
16 (iv) The open space provides a relief to the density, both within the project and
from surrounding development;
17
(v) Open space designed for active recreational purposes is of a size that it will
18 be functionally useable and located in a safe and convenient proximity to
the uses to which it is meant to serve;
19 (vi) The open space provides a buffer to protect sensitive environmental
features and natural areas; and
20
(vii) If possible, open space is linked to an area- or city-wide system.
21 (B) Open Space in Mixed Use Developments (Developments That Contain a Mix of
22 Residential and Nonresidential Uses):
(i) The open space provides for a balance of private and shared areas for the
23 residential uses and common open space that is available for use by both
the residential and nonresidential uses that will meet the needs of the
24 anticipated residents, occupants, tenants and visitors of the property; and
25 (ii) The open space provides active areas and passive areas that will meet the
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1 needs of the anticipated residents, occupants, tenants and visitors of the
property and are compatible with the surrounding area or an adopted plan
2 for the area.
3 (C) Landscaping:
(i) The project provides for aesthetic enhancement and a variety of plant and
4 hard surface materials, and the selection of materials provides for a variety
of colors and contrasts and the preservation or use of local native
5 vegetation where appropriate;
6 (ii) Landscape design attempts to avoid, minimize or mitigate impacts on and
off site to important native species, healthy, long lived trees, plant
7 communities of special concern, threatened and endangered species and
habitat by integrating the existing natural environment into the project;
8
(iii) The project provides significant amounts of plant material sized in excess
9 of the landscaping requirements of Sections 9-9-12, "Landscaping and
Screening Standards," and 9-9-13, "Streetscape Design Standards," B.R.C.
10 1981; and
1 1 (iv) The setbacks, yards and useable open space along public rights of way are
landscaped to provide attractive streetscapes, to enhance architectural
12 features and to contribute to the development of an attractive site plan.
(D) Circulation: Circulation, including, without limitation,the transportation system
13 that serves the property, whether public or private and whether constructed by the
developer or not:
14
(i) High speeds are discouraged or a physical separation between streets and
15 the project is provided;
(ii) Potential conflicts with vehicles are minimized;
16
(iii) Safe and convenient connections are provided that support multi-modal
17 mobility through and between properties, accessible to the public within the
project and between the project and the existing and proposed
18 transportation systems, including, without limitation, streets, bikeways,
pedestrian ways and trails;
19
(iv) Alternatives to the automobile are promoted by incorporating site design
20 techniques, land use patterns and supporting infrastructure that supports
and encourages walking, biking and other alternatives to the single-
2 1 occupant vehicle;
22 (v) Where practical and beneficial, a significant shift away from single-
occupant vehicle use to alternate modes is promoted through the use of
23 travel demand management techniques;
(vi) On-site facilities for external linkage are provided with other modes of
24 transportation, where applicable;
25
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1 (vii) The amount of land devoted to the street system is minimized; and
2 (viii) The project is designed for the types of traffic expected, including, without
limitation, automobiles, bicycles and pedestrians, and provides safety,
3 separation from living areas and control of noise and exhaust.
(E) Parking:
4
(i) The project incorporates into the design of parking areas measures to
5 provide safety, convenience and separation of pedestrian movements from
vehicular movements;
6 (ii) The design of parking areas makes efficient use of the land and uses the
minimum amount of land necessary to meet the parking needs of the
7
project;
8 (iii) Parking areas and lighting are designed to reduce the visual impact on the
project, adjacent properties and adjacent streets; and
9 (iv) Parking areas utilize landscaping materials to provide shade in excess of
10 the requirements in Subsection 9-9-6(d), and Section 9-9-14, "Parking Lot
Landscaping Standards," B.R.C. 1981.
11 (F) Building Design, Livability and Relationship to the Existing or Proposed
12 Surrounding Area:
(i) The building height, mass, scale, orientation, architecture and configuration
13 are compatible with the existing character of the area or the character
established by adopted design guidelines or plans for the area;
14
(ii) The height of buildings is in general proportion to the height of existing
15 buildings and the proposed or projected heights of approved buildings or
approved plans or design guidelines for the immediate area;
16 (iii) The orientation of buildings minimizes shadows on and blocking of views
from adjacent properties;
17
(iv) If the character of the area is identifiable, the project is made compatible by
18 the appropriate use of color, materials, landscaping, signs and lighting;
19 (v) Projects are designed to a human scale and promote a safe and vibrant
pedestrian experience through the location of building frontages along
20 public streets, plazas, sidewalks and paths, and through the use of building
elements, design details and landscape materials that include, without
21 limitation, the location of entrances and windows, and the creation of
transparency and activity at the pedestrian level;
22 (vi) To the extent practical, the project provides public amenities and planned
public facilities;
23
(vii) For residential projects, the project assists the community in producing a
24 variety of housing types, such as multifamily, townhouses and detached
single family units, as well as mixed lot sizes, number of bedrooms and
25
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1 sizes of units;
2 (viii) For residential projects, noise is minimized between units, between
buildings and from either on-site or off-site external sources through
3 spacing, landscaping and building materials;
(ix) A lighting plan is provided which augments security, energy conservation,
4 safety and aesthetics;
5 (x) The project incorporates the natural environment into the design and
avoids, minimizes or mitigates impacts to natural systems;
6 (xi) Buildings minimize or mitigate energy use; support on-site renewable
energy generation and/or energy management systems; construction wastes
7
are minimized; the project mitigates urban heat island effects; and the
8 project reasonably mitigates or minimizes water use and impacts on water
quality;
9 (xii) Exteriors of buildings present a sense of permanence through the use of
authentic materials such as stone, brick, wood, metal or similar products
10 and building material detailing;
11 (xiii) Cut and fill are minimized on the site, the design of buildings conforms to
the natural contours of the land, and the site design minimizes erosion,
12 slope instability, landslide, mudflow or subsidence, and minimizes the
potential threat to property caused by geological hazards;
13 (xiv) In the urbanizing areas along the Boulder Valley Comprehensive Plan
14 boundaries between Area II and Area III, the building and site design
provide for a well-defined urban edge; and
15 (xv) In the urbanizing areas located on the major streets shown on the map in
Appendix A to this title near the Boulder Valley Comprehensive Plan
16 boundaries between Area II and Area III, the buildings and site design
1 establish a sense of entry and arrival to the City by creating a defined urban
edge and a transition between rural and urban areas.
18 (G) Solar Siting and Construction: For the purpose of ensuring the maximum
potential for utilization of solar energy in the City, all applicants for residential
19 site reviews shall place streets, lots, open spaces and buildings so as to maximize
the potential for the use of solar energy in accordance with the following solar
20 siting criteria:
21 (i) Placement of Open Space and Streets: Open space areas are located
wherever practical to protect buildings from shading by other buildings
22 within the development or from buildings on adjacent properties.
Topography and other natural features and constraints may justify
23 deviations from this criterion.
24 (ii) Lot Layout and Building Siting: Lots are oriented and buildings are sited in
a way which maximizes the solar potential of each principal building. Lots
25 are designed to facilitate siting a structure which is unshaded by other
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1 nearby structures. Wherever practical, buildings are sited close to the north
lot line to increase yard space to the south for better owner control of
2 shading.
3 (iii) Building Form: The shapes of buildings are designed to maximize
utilization of solar energy. Buildings shall meet the solar access protection
4 and solar siting requirements of Section 9-9-17, "Solar Access," B.R.C.
1981.
5 (iv) Landscaping: The shading effects of proposed landscaping on adjacent
6 buildings are minimized.
(H) Additional Criteria for Poles Above the Permitted Height: No site review
7 application for a pole above the permitted height will be approved unless the
approving agency finds all of the following:
8
(i) The light pole is required for nighttime recreation activities which are
9 compatible with the surrounding neighborhood, light or traffic signal pole
is required for safety or the electrical utility pole is required to serve the
10 needs of the City; and
1 1 (ii) The pole is at the minimum height appropriate to accomplish the purposes
for which the pole was erected and is designed and constructed so as to
12 minimize light and electromagnetic pollution.
(I) Land Use Intensity Modifications:
13 (i) Potential General Land Use Intensity Modifications:
14 a. The density of a project may be increased in the BR-1 district through
a reduction of the lot area requirement or in the Downtown (DT), BR-
15 2 or MU-3 districts through a reduction in the open space
16 requirements.
b. The open space requirements in all Downtown (DT) districts may be
17 reduced by up to one hundred percent.
18 c. The open space per lot requirements for the total amount of open space
required on the lot in the BR-2 district may be reduced by up to fifty
19 percent.
d. Land use intensity may be increased up to twenty-five percent in the
20 BR-1 district through a reduction of the lot area requirement.
2 I (ii) Additional Criteria for General Land Use Intensity Modifications: A land
use intensity increase pursuant to subparagraph(i) above will be permitted
22 up to the maximum amount set forth below if the approving agency finds
that the criteria in paragraph (h)(1) through Subparagraph (h)(2)(H) of this
23 section and following criteria have been met:
24 a. Open Space Needs Met: The needs of the project's occupants and
visitors for high quality and functional useable open space can be met
25
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1 adequately;
2 b. Character of Project and Area: The open space reduction does not
adversely affect the character of the development or the character of
3 the surrounding area; and
c. Open Space and Lot Area Reductions: The specific percentage
4 reduction in open space or lot area requested by the applicant is
justified by any one or combination of the following site design
5 features not to exceed the maximum reduction set forth above:
6 1. Close proximity to a public mall or park for which the
development is specially assessed or to which the project
7 contributes funding of capital improvements beyond that required
by the parks and recreation component of the development excise
8 tax set forth in chapter 3-8, "Development Excise Tax," B.R.C.
1981: maximum one hundred percent reduction in all Downtown
9 (DT) districts and ten percent in the BR-1 district;
10 2. Architectural treatment that results in reducing the apparent bulk
and mass of the structure or structures and site planning which
I I increases the openness of the site: maximum five percent
reduction;
12
3. A common park, recreation or playground area functionally
13 useable and accessible by the development's occupants for active
recreational purposes and sized for the number of inhabitants of
14 the development, maximum five percent reduction; or developed
facilities within the project designed to meet the active
15 recreational needs of the occupants: maximum five percent
reduction;
16 4. Permanent dedication of the development to use by a unique
17 residential population whose needs for conventional open space
are reduced: maximum five percent reduction;
18 5. The reduction in open space is part of a development with a mix
of residential and nonresidential uses within a BR-2 zoning
19 district that, due to the ratio of residential to nonresidential uses
20 and because of the size, type and mix of dwelling units, the need
for open space is reduced: maximum fifteen percent reduction;
21 and
6. The reduction in open space is part of a development with a mix
22 of residential and nonresidential uses within a BR-2 zoning
district that provides high quality urban design elements that will
23 meet the needs of anticipated residents, occupants, tenants and
24 visitors of the property or will accommodate public gatherings,
important activities or events in the life of the community and its
25 people, that may include, without limitation, recreational or
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1 cultural amenities, intimate spaces that foster social interaction,
street furniture, landscaping and hard surface treatments for the
2 open space: maximum twenty-five percent reduction.
3 (iii) Land Use Intensit and Densit Modifications with Hei:ht Bonus: In an
area designated in Appendix J, "Areas Where Height Modifications May
4 Be Considered," and as part of a height bonus approved under
Subparagraph 9-2-14(h)(2)(K),the density and floor area of a building
5 may be increased above the maximum allowed in Chapter 9-8, "Intensit
Standards "B.R.C. 1981 as follows_.rovided the buildin. meets the
6 requirements for a height bonus under Subparagraph 9-2-14(h)(2)(K),
B.R.C. 1981:
7
a. In the BMS zoning district outside a general improvement district
8 providing off-street parking, and in the IMS, IS, and MU-1 zoning
districts,the base floor area ratio (FAR) in Table 8-2, Section 9-8-2,
9 "Floor Area Ratio Requirements," BR.C. 1981, may be increased by
10 up to 0.5 FAR.
b. In the BR-1 zoning district, the allowed number of dwelling units per
11 acre in Table 8-1, Section 9-8-1, "Schedule of Intensity Standards,"
B.R.C. 1981, may be increased by up to fifty percent.
12
(J) Additional Criteria for Floor Area Ratio Increase for Buildings in the BR-1
13 District:
14 (i) Process: For buildings in the BR-1 district, the floor area ratio ("FAR")
permitted under Table 8-2, Section 9-8-2, "Floor Area Ratio
15 Requirements," B.R.C. 1981, may be increased by the city manager under
the criteria set forth in this subparagraph.
16
(ii) Maximum FAR Increase: The maximum FAR increase allowed for
17 buildings thirty-five feet and over in height in the BR-1 district shall be
from 2:1 to 4:1.
18 (iii) Criteria for the BR-1 District: The FAR may be increased in the BR-1
19 district to the extent allowed in subparagraph (h)(2)(J)(ii) of this section if
the approving agency finds that the following criteria are met:
20 a. Site and building design provide open space exceeding the required
useable open space by at least ten percent: an increase in FAR not to
21 exceed 0.25:1.
22 b. Site and building design provide private outdoor space for each office
unit equal to at least ten percent of the lot area for buildings twenty-
23 five feet and under and at least twenty percent of the lot area for
buildings above twenty-five feet: an increase in FAR not to exceed
24 0.25:1.
25 c. Site and building design provide a street front facade and an alley
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1 facade at a pedestrian scale, including, without limitation, features
such as awnings and windows, well-defined building entrances and
2 other building details: an increase in FAR not to exceed 0.25:1.
3 d. For a building containing residential and nonresidential uses in which
neither use comprises less than twenty-five percent of the total square
4 footage: an increase in FAR not to exceed 1:1.
e. The unused portion of the allowed FAR of historic buildings
5 designated as landmarks under chapter 9-11, "Historic Preservation,"
6 B.R.C. 1981, may be transferred to other sites in the same zoning
district. However, the increase in FAR of a proposed building to
7 which FAR is transferred under this subparagraph may not exceed an
increase of 0.5:1.
8 f. For a building which provides one full level of parking below grade,
an increase in FAR not to exceed 0.5:1 may be granted.
9
(K) Additional Criteria for Height Bonuses and Land Use Intensity Modifications for
10 Properties Designated within Appendix J: A building proposed with a fourth or
fifth story or addition, thereto that exceeds the permitted height requirements of
11 Sections 9-7-5, Building Height," or 9-7-6, `Building Height, Conditional,"
B.R.C. 1981, together with any additional floor area or residential density
l 2 approved under subparagraph (h)(2)(I)(iii), may be approved if it meets the
requirements of this subparagraph (h)(2)(K). For purposes of this subparagraph
13 (h)(2)(K), bonus floor area shall mean floor area that is on a fourth or fifth story
and is partially or fully above the permitted height and any floor area that is the
14 result of an increase in density or floor area described in subparagraph
l (h)(2)(I)(iii). The approving authority may approve a height up to fifty-five feet if
the building is in an area designated in Appendix J, "Areas Where Height
16 Modifications May Be Considered," and one of the following criteria is met:
(i) Residential Developments: If the development is residential, it will
17 exceed the requirements of Subparagraph 9-13-3(a)(1)(A), B.R.C. 1981.
18 as follows:
a. For bonus units, the inclusionary housing requirement shall be
19 increased as follows: Instead of twenty-five percent, at least thirty-
20 six percent of the total number of bonus units shall be permanently
affordable units. If the building is a for-sale development, at least
21 fifty percent of all the permanently affordable units required for the
building shall be built in the building; this fifty percent on-site
22 requirement may not be satisfied through an alternative means of
compliance. A minimum of one bonus unit shall be assumed to be
23 provided in the building if any bonus floor area is in the building.
24
25
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1 b. For purposes of this subparagraph (i), bonus units shall mean a
number of units that is determined as follows: A percentage of all
2 the units in the building that equals in number the percentage of
bonus floor area in the building. For example, if twenty percent of
' the buildin•'s floor area is bonus floor area and the buildin• has
4 one hundred units,twenty percent of those one hundred units are
bonus units, resulting in twenty bonus units.
5
ac. The city manager shall review the development's compliance with
6 this increased inclusionary housing requirement pursuant to the
standards and review procedures of 9-13, "Inclusionary Housing,"
7 B.R.C. 1981.
8 i i Non-Residential Developments. For non-residential developments the
p.licant shall nav he affordable housin ipoortion of the capital facility
9 impact fee in Section 4-20-62, B.R.C. 1981, at a rate of 1.43 above the
base requirement for the bonus floor area. In a building with several types
1 of non-residential uses,the bonus floor area of each type identified under
11 Section 4-20-62, B.R.C. 1981, shall be a percentage of the bonus floor
area that equals in number the percentage of the total floor area in the
12 building of such use type. For nonresidential uses with a fee that is
calculated per room or bed under Section 4-20-62, B.R.C. 1981,the
13 increased rate for the affordable housing portion of the fee shall apply to
14 bonus rooms or bonus beds as applicable under that section; the number of
bonus rooms or bonus beds shall be determined consistent with the
15 methodology for bonus units in subparagraph (i)b. above.
16 (iii) Mixed Use. If the development is a residential mixed-use development,
the requirements of subsection (i) and (ii) above shall apply to the bonus
17 floor area according to the percentage of the total building floor area of
each use.
18
(iv) Alternative Community Benefit. Pursuant to the standard in this
19 subparagraph (iv),the approving authority may approve an alternative
method of compliance to provide additional benefits to the community and
20 qualify for a height bonus together with any additional floor area or
21 density that may be approved under subparagraph (h)(2)(I). The
approving authority will approve the alternative method of compliance if
22 the applicant proposes the alternative method of compliance and
demonstrates that the proposed method will improve the facilities or
23 services delivered b the cit includin. without limitation an police fire
libra human services, parks and recreation, or other municipal office or
24 land or service, and is of a value that is equivalent to or greater than the
25 benefits required by this subparagraph (h)(2)(K).
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1 (LIQ) Additional Criteria for Parking Reductions: The off-street parking requirements of
Section 9-9-6, "Parking Standards," B.R.C. 1981,may be modified as follows:
2 (i) Process: The city manager may grant a parking reduction not to exceed
3 fifty percent of the required parking. The planning board or city council
may grant a reduction exceeding fifty percent.
4 (ii) Criteria: Upon submission of documentation by the applicant of how the
project meets the following criteria, the approving agency may approve
5 proposed modifications to the parking requirements of Section 9-9-6,
6 "Parking Standards," B.R.C. 1981 (see tables 9-1, 9-2, 9-3 and 9-4), if it
finds that:
7 a. For residential uses, the probable number of motor vehicles to be
owned by occupants of and visitors to dwellings in the project will be
8 adequately accommodated;
9 b. The parking needs of any nonresidential uses will be adequately
accommodated through on-street parking or off-street parking;
10 c. A mix of residential with either office or retail uses is proposed, and
11 the parking needs of all uses will be accommodated through shared
parking;
12 d. If joint use of common parking areas is proposed, varying time
periods of use will accommodate proposed parking needs; and
13
e. If the number of off-street parking spaces is reduced because of the
14 nature of the occupancy, the applicant provides assurances that the
nature of the occupancy will not change.
15 (ML) Additional Criteria for Off-Site Parking: The parking required under Section 9-9-
6, "Parking Standards," B.R.C. 1981, may be located on a separate lot if the
16 following conditions are met:
17 (i) The lots are held in common ownership;
18 (ii) The separate lot is in the same zoning district and located within three
hundred feet of the lot that it serves; and
19 (iii) The property used for off-site parking under this subparagraph continues
under common ownership or control.
20
(i) Planning Board Call-Up: The planning board may call-up any final site review decision by
21 the city manager pursuant to Section 9-4-4, "Appeals, Call-Ups and Public Hearings," B.R.C.
1981.
22 (j) Subdivisions: An approved site plan may be subdivided under chapter 9-12, "Subdivision,"
23 B.R.C. 1981. The approved site plan may substitute for a preliminary plat if it meets the
requirements of Section 9-12-6, "Application Requirements for a Preliminary Plat," B.R.C.
24 1981. As part of subdivision review, the city manager will consider conditions of the site
plan approval and assure that they will be met within the future subdivision.
25
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1 (k) Minor Modifications to Approved Site Plans: Changes to the site plan, building plans, and
landscaping plans may be approved by the city manager without an amendment to the site
2 plan if such changes are minor. All minor modifications shall be noted, signed, and dated on
the approved site plan. For proposed minor modifications of site review projects that are
3 partially or totally developed, the applicant shall provide notice to any owners of property
within the development that might be affected, as determined by the manager. In determining
4 whether a proposed change is a minor modification, the following standards shall apply:
5 (1) Setbacks on the perimeter of a development cannot be varied by a minor modification
to less than the minimum setbacks permitted by the underlying zoning district;
6 (2) The floor area of the development, including principal and accessory buildings, may be
7 expanded by the cumulative total of no more than the greater of ten percent or two
hundred square feet or, in the case of a building that exceeds the permitted height, no
8 more than five percent, except that the portion of any building over thirty-five feet in
height may not be expanded under the provisions of this paragraph;
9 (3) Commercial and industrial building envelopes may be moved or expanded by no more
10 than the greater of ten feet, or ten percent of the length of the building, measured along
the building's axis in the direction that the building is being moved;
11 (4) Principal and accessory buildings not within an approved building envelope may be
expanded or moved by no more than ten feet in any direction within the development in
12 residential districts and lots abutting residential districts. The resulting setbacks shall
not be less than the minimum allowed setback of the underlying zone;
13
(5) Dwelling unit type may not be changed;
14 (6) The portion of any building over the permitted height under Section 9-7-1, "Schedule of
Form and Bulk Standards," B.R.C. 1981, may not be expanded under the provisions of
15 this subsection;
16 (7) No increase may be granted to an open space reduction or to a parking reduction in
excess of that allowed in Subsection 9-9-6(f), B.R.C. 1981; and
17 (8) No change may alter the basic intent of the site plan approval.
18 (1) Minor Amendments to Approved Site Plans:
19 (1) Standards: Changes to approved building location or additions to existing buildings,
which exceed the limits of a minor modification, may be considered through the minor
20 amendment process if the following standards are met:
(A) In a residential zone as set forth in Section 9-5-2, "Zoning Districts," B.R.C.
21 1981, all approved dwelling units within the development phase have been
22 completed;
(B) In residential zones, dwelling unit type is not changed;
23 (C) The required open space per dwelling unit requirement of the zone is met on the
24 lot of the detached dwelling unit to be expanded; and
(D) The total open space per dwelling unit in the development is not reduced by
25
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1 more than ten percent of that required for the zone; or
2 (E) If the residential open space provided within the development or an approved
phase of a development cannot be determined, the detached dwelling unit is not
3 expanded by more than ten percent and there is no variation to the required
setbacks for that lot;
4 (F) For a building in a nonresidential use module, the building coverage is not
increased by more than twenty percent,the addition does not cause a reduction
5 in required open space, and any additional required parking that is provided is
6 substantially accommodated within the existing parking arrangement;
(G) The portion of any building over the permitted height under Section 9-7-1,
7 "Schedule of Form and Bulk Standards," B.R.C. 1981, is not increased;
8 (H) The proposed minor amendment does not require public infrastructure
improvements or other off-site improvements.
9 (2) Amendments to the Site Review Approval Process: Applications for minor amendment
shall be approved according to the procedures prescribed by this section for site review
10 approval, except:
11 (A) If an applicant requests approval of a minor amendment to an approved site
review, the city manager will determine which properties within the
12 development would be affected by the proposed change. The manager will
provide notice pursuant to Subsection 9-4-3(b), B.R.C. 1981, of the proposed
13 change to all property owners so determined to be affected, and to all property
owners within a radius of 600 feet of the subject property.
14
(B) Only the owners of the subject property shall be required to sign the application.
15 (C) The minor amendment shall be found to comply with the review criteria of
Subparagraphs (h)(2)(A), (h)(2)(C), and (h)(2)(F) of this section.
16
(D) The minor amendment is found to be substantially consistent with the intent of
17 the original approval, including conditions of approval, the intended design
character, and site arrangement of the development, and specific limitations on
18 additions or total size of the building which were required to keep the building
in general proportion to others in the surrounding area or minimize visual
19 impacts.
20 (E) The city manager may amend, waive, or create a development agreement.
(m) Amendments to Approved Site Plans:
21
(1) No proposal to modify, structurally enlarge, or expand any approved site review, other
22 than a minor modification or minor amendment, will be approved unless the site plan is
amended and approved in accordance with the procedures prescribed by this section for
23 approval of a site review, except for the notice and consent provisions of this
subsection.
24
(2) No proposal to modify, structurally enlarge, or expand that portion of a building over
25 the permitted height will be approved unless the site plan is amended and approved in
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accordance with the procedures prescribed by this section for approval of a building
above the permitted height.
2
(3) If an applicant requests approval of an amendment to an approved site plan, the city
3 manager shall provide public notice pursuant to Section 9-4-3, "Public Notice
Requirements," B.R.C. 1981.
4 (4) The owners of all property for which an amendment is requested shall sign the
application.
5
6 Section 2. This ordinance amends Ordinances 8028, 8172 and 8252 and deletes the
7 expiration clause of the height standards established in Section 5 of Ordinance 8028, extended by
8 Section 2 of Ordinance 8172, and again extended by Section 2 of Ordinance 8252.
9 Section 3. The council repeals Appendix J to Title 9, "Areas Where Height Modifications
10 May be Considered," and hereby adopts Exhibit A to this ordinance, titled"Appendix J, Areas
11 Where Height Modifications May be Considered," as an amendment to Title 9, "Land Use Code,"
12
B.R.C. 1981.
13
Section 4. The council orders that the limitation of Subparagraph 9-2-14(b)(1)(E)(vi), B.R.C.
14
1981,to a building or use located in Appendix, J"Areas Where Height Modifications May be
15
Considered," shall expire on May 31, 2021, at which time the standards established in
16
Subparagraph 9-2-14(b)(1)(E)(vi), B.R.C. 1981, shall be applicable to uses and buildings located
17
18 anywhere within the City of Boulder. The council intends that the limitation to areas within
19 Appendix J expire or that the standards of this ordinance be amended or replaced with subsequent
20 legislation after further study of appropriate building height and building height standards in the
21 city.
22 Section 5. For the limited purposes of adopting this ordinance, city council suspends the
23 provisions of Subsection 9-1-5(a), "Amendments and Effect of Pending Amendments," B.R.C.
24 1981.
25
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1 Section 6. The city council finds that this ordinance is necessary to protect the public health,
2 safety, and welfare of the residents of the city and covers matters of local concern.
3 Section 7. The council deems it appropriate that this ordinance be published by title only and
4 order that copies of this ordinance be made available in the office of the city clerk for public
5 inspection and acquisition.
6
Section 8. This ordinance shall become effective on January 1, 2020. It shall be applied to
7
site review applications submitted after the effective date. Site reviews applied for before the
8
effective date shall be considered under the standards in effect at the time of application.
9
10
INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY
11
12 TITLE ONLY this 1st day of October 2019.
13
14 Jrd1.11\-Cl/
15 SuzanneJones, .
Mayor
16 Attest:
17
atiP18 City t4 ,
Lynnette Beck
19
20
21
2;
24
25
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1 READ ON SECOND READING, AMENDED AND PASSED this 15th day of October
2 2019.
3 �� �►
Suzanne ones,
4 Mayor
5 Attest:
6
7
City Clerk,
8 Lynnette Beck
9 READ ON THIRD READING,ADOPTED this 29th day o October 2019.
10
11 Suzanne Jo Imp ir
Mayor
12
13 Attest:
14
15 City Clerk,
Lynnette Beck
16
17
18
19
20
21
23
24
25
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Exhibit A to Ordinance 8359
Appendix J to Title 9 —Areas Where Height Modifications May be Considered
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I 2 LL , i Valmont Rd........------------.....-----.
Dr
d9awono
Balsam Av IQ'\
r / Q eat r
PP1t'Sr to0sk �
7 �r Arapahoe Ay
v..---.
'I;
Colorado Av
m -- m
Baseline Rd
LS ----
4-am'
11
,, i � South Boulder Rd
c a_
(----
O
1�b1e�
1771 Areas Where Height Modifications May be Considered0