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Item 5A Ingram Court Community Housing CHL2019-00004 4662 Ingram CourtC I T Y O F B O U L D E R PLANNING BOARD AGENDA ITEM MEETING DATE: February 27, 2020 AGENDA TITLE: Public hearing and Planning Board recommendation to the city manager on a request for occupancy higher than 12 persons for an existing not-for-profit permanently affordable cooperative housing unit (“Ingram Court Community Housing”) at 4662 Ingram Court. The proposed occupancy for the property is 16 persons. Case no. CHL2019-00004. Applicant: Ingram Court Community Housing Owner: North Haven Community Ownership LLC REQUESTING DEPARTMENT: Planning Chris Meschuk, Interim Planning Director/Asst. City Manager Charles Ferro, Development Review Manager Sloane Walbert, Senior Planner OBJECTIVE: Define the steps for Planning Board consideration of this request: 1. Hear applicant and staff presentations. 2. Hold public hearing. 3. Planning Board discussion. 4. Planning Board recommendation to the city manager on the request for a higher number of occupants. SUMMARY: Proposal: COOPERATIVE HOUSING LICENSE for increased occupancy (16 occupants) for an existing not-for-profit permanently affordable cooperative. Project Name: INGRAM COURT COMMUNITY HOUSING Location: 4662 Ingram Ct. Size of Tract: 6,545 square feet (0.15-acres) Zoning: Residential – Low 1 (RL-1) Comprehensive Plan: Low Density Residential (LR) KEY ISSUE: Are the proposed 16 occupants appropriate for an existing Cooperative Housing Unit, when considering the potential impacts on the surrounding community, the number of residents proposed, the proposed habitable square feet per person, the available off-street parking, and the mission of the cooperative? Agenda Item 5A Page 1 of 86 Cooperative Housing Ordinance On Jan. 17, 2017 the City Council adopted Ordinance No. 8119. The ordinance replaced the cooperative provisions originally adopted in 1996, which had not been effective in the regulation of cooperative housing. The intent of the ordinance was to facilitate the creation of housing cooperatives in the city. The ordinance amended Title 9, “Land Use Code” to remove land use regulations on cooperative housing, apart from occupancy, and added a new Chapter 11, “Cooperative Housing” to Title 10 “Structures.” This allowed cooperative housing units to be reviewed as licenses, rather than administrative land use reviews. The process and documentation were largely modeled after rental housing licensing. The city started accepting applications for cooperative housing licenses in July of 2017. Planning Board considered the code changes on Apr. 21, 2016. The memo, minutes, and audio from the hearing can be found here. The memorandums to City Council regarding the ordinance can be found at the following links: study session, first reading, continued first reading, second reading, continued second reading, third reading, and fourth reading. The allowable occupancy of cooperative housing is regulated per Section 9-8-5, “Occupancy of Dwelling Units” in the land use code. Cooperative housing units are limited to 12 residents in low density residential districts and 15 in all other districts. In all districts, there must be 200 square feet of habitable space per person. However, per Section 9-8-5(d), B.R.C. 1981, the city manager may authorize a greater number of occupants in any cooperative housing unit that is deed restricted as permanently affordable if the Planning Board, after a public hearing, recommends a greater number. Before making any such recommendation, the planning board must consider the potential impacts on the surrounding community, the number of residents proposed, the proposed habitable square feet per person, the available off-street parking, and the mission of the cooperative. Refer to Section IV, “Analysis of Key Issue” below for staff’s analysis on the potential impacts of the proposed increased occupancy. Previous Review Ingram Court Community Housing filed an application for a cooperative housing unit at 4662 Ingram Ct. in September of 2017. The application included a request for 16 occupants as a permanently affordable cooperative unit, per the provisions described above. The application was reviewed by staff and considered by Planning Board at a public hearing on Nov. 2, 2017. During the public hearing, 40 members of the public (nine additional members were pooling time) addressed the board regarding the proposal. The board discussed the appropriateness of the occupancy and potential impacts to the surrounding neighborhood, including parking impacts. They also discussed the possibility of requiring that the additional four occupants be dependents. One board member suggested that the co-op operate with 12 occupants, establish a track record as a good neighbor, and then come back to request 16 occupants. Ultimately, the board voted to continue the item to a later hearing date. Prior to such hearing the applicant withdrew the request for increased occupancy on the property in response to conversations with council members and neighborhood concerns. The staff memorandum to Planning Board, meeting minutes, meeting audio, and other related materials are available in the city records archive for Planning Board. Finding that the application met the standards for a cooperative housing unit with 12 occupants staff issued the cooperative housing license in December of 2017. The cooperative has been in operation since that time and recently completed the required two-year update to the license. I. BACKGROUND Agenda Item 5A Page 2 of 86 Existing Site/Context The project site is located on the north side of Ingram Court, south of Moorhead Avenue, in the Martin Acres neighborhood. Refer to Figure 1 on the following page for a Vicinity Map. Martin Acres is a low-density residential neighborhood in South Boulder comprised of 1,200 houses, making it the largest residential subdivision established in Boulder to date. The Martin Acres subdivision applied many residential design principles that are common hallmarks of post -World War II neighborhood planning, such as a curvilinear street plan, areas of open parks, front accessed driveways in the front yard, and relatively shallow lots. Martin Acres' curving streets, many of which form a horseshoe-shape like Ingram Court, extend off the main thoroughfares in the neighborhood. The houses found in Martin Acres are typically ranch or split-level homes with carports or garages. The subdivision was originally marketed toward middle-class families and continues to be one of the more affordable single-family residential developments in the city. The site contains an approximately 4,600 square foot single-family home. The original house was built in 1961. A large two-story addition was permitted and built on the rear portion of the house in 1996. Note that this addition was completed prior to the passage of compatible development regulations in 2009, which established limits on the size and form of single-family homes to ensure compatible development within existing neighborhoods. Figure 1: Vicinity Map As shown in Figure 3 on the following page, the project site is located in the Residential – Low 1 (RL-1) zone district, which is defined as: “Single-family detached residential dwelling units at low to very low residential densities” (Section 9-5-2(c)(1)(A), B.R.C. 1981). The homes located on the south end of Ingram Court demarcate the boundary of Residential - High 5 (RH-5) zoning to the south. RH-5 zoning is defined as: “High density residential areas primarily used for a variety of types of attached residential units, including without limitation, apartment buildings, and where complementary uses may be allowed” (Section 9-5-2(c)(1)(F), B.R.C. 1981). Project Site Agenda Item 5A Page 3 of 86 Several high density multifamily residential developments are located within the RH-5 zoning on the north side of Table Mesa Drive. Boulder Housing Partner’s High Mar Development is located to the south of the property, which includes 59 units of affordable rental units for seniors. The Cedar Crest Condominiums are located to the east and consists of 22 condominium units. The Coronado Apartments contain 124 rental units in two buildings to the east and south of the subject property. A U.S. Post Office and Bridge House’s Ready to Work House and Employment Center are located to the southeast, across Moorhead Avenue. The Tantra Drive and Table Mesa Park-n-Ride and the Church of Jesus Christ of Latter-day Saints are located to the southwest. A large proportion of the properties in the immediate vicinity are licensed as rental properties. Refer to Figure 4. Various services and amenities are located within a short walking distance of the site, primarily on the south side of Table Mesa Drive. Figure 3: Zoning Map RL-1 RH-5 Project Site RM-1 RE RM-2 Figure 2: Street Frontage Credit: Eric Budd Agenda Item 5A Page 4 of 86 Figure 4: Rental Properties Ownership The proposal is for a not-for-profit permanently affordable cooperative and affordability has been secured through a covenant on the property. In 2017 Boulder Housing Coalition (BHC) purchased the property, which is a 501(c)(3) nonprofit corporation. The city approved a request in August of 2017 from BHC as a Certified HOME Community Housing Development Organization (CHDO) for $350,000 in federal HOME Investment Partnership dollars to acquire the property. This was the first application for funding received by the city after the passage of the cooperative housing ordinance. The proposal is for a rental cooperative and none of the proposed residents will have a direct or indirect ownership interest in the property in which the cooperative operates. BHC transferred ownership of the property to North Haven Community Ownership LLC in 2018, which is a nonprofit corporation. This LLC organization is owned by Boulder Housing Coalition, a Colorado nonprofit corporation (99.99%) and BHP Ventures, LLC, a Colorado limited liability company, which is wholly owned by the Housing Authority of the City of Boulder, Colorado d/b/a Boulder Housing Partners, a Colorado housing authority (0.01%). The partnership with Boulder Housing Partners allows the organization to achieve a property tax exemption (Tax Exempt Partnership). A low-income rental housing covenant ensures that the property will be deed restricted as permanently affordable. Affordability is measured by individual households (either of an individual or a family). Rents charged must be affordable to households earning no more than sixty percent of the area median income. The covenant on the property ensures that at least five bedrooms will be affordable to households with incomes no more than 40% of AMI and at least five bedrooms will be affordable at 50% of AMI. Project Site Agenda Item 5A Page 5 of 86 The proposal is for increased occupancy up to 16 persons for a not-for-profit permanently affordable cooperative housing unit, which is defined in Section 10-1-1, “Definitions,” B.R.C. 1981, as a cooperative that is owned by a not- for-profit organization with a housing focused mission and which is tax exempt under Section 501(c)(3) of the Internal Revenue Code. The applicant has submitted documentation demonstrating that the cooperative meets these standards. The cooperative is also considered a rental cooperative and none of the proposed residents will have a direct or indirect ownership interest in the property in which the cooperative operates. A letter was submitted from Goose Creek Community Land Trust (an Expert Cooperative Housing Organization), which certifies that Ingram Court Community Housing is a legitimate cooperation that meets the requirements of Section 10-11-14, B.R.C. 1981. An Expert Cooperative Housing Organization (ECHO) is an organization recognized by the city manager as having experience and expertise in the formation, operation, and organization of cooperative housing units. The letter from Goose Creek Community Land Trust verifies that members of the cooperative housing unit received training from the ECHO. The proposal is for 16 total occupants. A building permit was issued in 2017 for an interior remodel and repairs of the existing structure, which did not include the addition of habitable area. The scope of the permit included the addition of new partition walls on the main and upper level to create three additional bedrooms, bringing two existing windows in basement bedrooms into egress compliance, and other upgrades to the home. The house currently has 12 bedrooms with sufficient space to accommodate the proposed 16 occupants. Eleven of the bedrooms are of sufficient space to accommodate multiple occupants, such as members of a family. See Table 1 on the following page. The dwelling unit has 4,536 square feet of habitable space, which amounts to 283.5 square feet of habitable space per person. Habitable space includes all living space, bedrooms, kitchens, bathrooms, halls, and closets but not including garages or covered porches. The application states that the habitable space per occupant for the three other Boulder Housing Coalition’s cooperative housing units ranges from 204 to 265 square feet. As a part of the license application, the applicant has submitted a trash removal plan and parking plan. The trash removal plan states that a contract with Western Disposal will provide for the removal of accumulated trash, recyclables and compostables from the property on a weekly basis and will accommodate the regular accumulation of trash, recyclables and compostables. A licensed rental cooperative is considered a single-family dwelling unit for purposes of determining the required parking. Pursuant to Table 9-1 of the land use code, a minimum of one off-street parking space is required for a detached dwelling unit. Per the parking management plan, one off-street parking space will be located in the attached garage and one space will be located in the driveway. The plan limits the number of automobiles parked in the public right-of-way to three. Members are screened for car ownership through the application process. All occupants will receive a membership to eGo CarShare and Community Cycles to support the mobility of residents without vehicles. The limit on vehicles is strictly enforced by the co-op through lease agreements, management agreement, and membership selection process. II. PROJECT DESCRIPTION Agenda Item 5A Page 6 of 86 Table 1 – IPMC Analysis of Bedroom Spaces Bedroom # Location Area Allowable Occupants* 1 Basement - 1 262 s.f. 5 2 Basement - 2 196 s.f. 3 3 Basement - 3 180 s.f. 3 4 Basement - 4 173 s.f. 3 5 First Floor - 1 94 s.f. 1 6 First Floor - 2 121 s.f. 2 7 First Floor - 3 149 s.f. 2 8 First Floor - 4 133 s.f. 2 9 First Floor - 5 179 s.f. 3 10 Second Floor - 1 180 s.f. 3 11 Second Floor - 2 128 s.f. 2 12 Second Floor - 3 130 s.f. 2 Total 31 * Section 404.4.1 of the International Property Maintenance Code (IPMC) states that every bedroom occupied by one person shall contain at least 70 square feet (6.5 m2) of floor area, and every bedroom occupied by more than one person shall contain at least 50 square feet (4.6 m2) of floor area for each occupant thereof. The applicant states that the increased occupancy over 12 persons would allow the cooperative to serve a wider demographic like low-income families, single parents who would like to share a room of their own children, and adult couples to share a room. Increased occupancy will also provide necessary flexibility in resident selection, which in turn prevents vacancies and improves the long-term performance of the co-op. Refer to the written statement, site and floor plans, trash removal plan, and parking plan in Attachment A. As noted above, the cooperative housing unit is proposed to be located on a property that is deed restricted as permanently affordable. The allowance for greater occupancy for not-for-profit permanently affordable cooperatives is found in Subsection 9-8-5(d)(3), B.R.C. 1981 (below). (3) The city manager may authorize a greater number of occupants in any Cooperative Housing Unit that is deed restricted as permanently affordable if the planning board after a public hearing recommends a greater number. Before making any such recommendation, the planning board shall consider the potential impacts on the surrounding community, the number of residents proposed, the proposed habitable square feet per person, the available off-street parking, and the mission of the cooperative. Refer to Section IV for staff’s analysis of the potential impacts of the increased occupancy. Per Section 10-1-1, B.R.C. 1981 a not-for-profit permanently affordable cooperative means a cooperative that is “owned by a not-for- profit organization with a housing focused mission, which is tax exempt under Section 501(c)(3) of the Internal III. PROCESS Agenda Item 5A Page 7 of 86 Revenue Code.” Affordability is measured by individual households (either of an individual or a family). Rents charged must be affordable to households earning no more than sixty percent of the area median income (AMI). As described above, the proposed cooperative would yield a minimum of five bedrooms at fifty percent AMI and five at forty percent AMI. Staff will make a determination on the appropriate occupancy of the property following the public hearing. A draft disposition is included in Attachment D. Relief for Neighborhoods In order to provide protection to residential neighborhoods there are several enforcement provisions in the cooperative housing regulations that can provide relief to neighbors: 1. Cooperatives must maintain compatibility with the neighborhood. Pursuant to Section 10-11-12, B.R.C. 1981, the licensee shall take all reasonable steps to reduce excessive parking on the public right of way and noise, trash, and weeds on the property. A cooperative may be considered incompatible with the neighborhood if the city manager receives multiple complaints relating to parking on the public right of way, noise, trash, or weeds in any twelve-month period. As a condition of approval, the licensee must provide to the city manager a certification that the applicant has provided contact information for the cooperative unit and the ECHO responsible for certifying the co-op to each dwelling on the block face. This certification must be provided within thirty days after initial occupancy. 2. The city manager can decide not to renew a license or issue a limited term license on renewal if the cooperative does not pass inspection or certification. 3. The city manager has the authority to order a property vacated if the cooperative is in violation of any provision of Chapter 10-11 or of the property maintenance code. 4. The city manager has authority to issue notices of violations resulting in administrative penalty for violations. The penalty schedule is $150 for the first violation, $300 for the second, and $1,000 for the third. 5. The city manager has authority to revoke a cooperative license. Staff has identified the following key issue for the board’s consideration: Are the proposed 16 occupants appropriate for an existing Cooperative Housing Unit, when considering the potential impacts on the surrounding community, the number of residents proposed, the proposed habitable square feet per person, the available off-street parking, and the mission of the cooperative? Potential Impacts on the Surrounding Community. The intent of the cooperative housing ordinance was to facilitate the creation of cooperative housing units, while at the same time limiting the effects on the neighborhoods and on the availability of housing for families. As described above, the cooperative is required to follow the prepared parking reduction plan, which limits the number of cars parked in the right-of-way to no more than three. Based on the location of the property and services provided it is feasible for residents of the co-op to travel to services, work, school, etc. without the use of a car. IV. ANALYSIS OF KEY ISSUE Agenda Item 5A Page 8 of 86 Ingram Court is located on Moorhead Avenue, considered a collector street that parallels U.S. Highway 36 and which serves a number of single family residential neighborhood streets within the Martin Acres subdivision. The site is well served by public transit and is located near two major transit corridors, Table Mesa Drive and U.S. 36. Refer to Figure 5 below. Several bus stops are located within a quarter mile away on Moorhead, Table Mesa and on U.S. 36. The local 204 route runs along Moorhead Avenue, which provides service to the Table Mesa Shopping Center, CU, and North Boulder. Several local and regional routes operate on Table Mesa Drive, including the DASH, 204, 206, and AB. The east and west stops of the regional bus transfer at the US 36/Table Mesa Park-n-Ride facility are served by the 206, 236, AB, DASH, FF1, FF2, FF4, FF5, and FF6 routes, which provide service to Denver International Airport, the Denver metro area, and downtown Boulder. The site is also well connected for bicyclists and pedestrians. Several multi-use paths, on-street bike lanes, and designated bike routes provide access east-west and north-south from the site. Refer to Figure 6 on the following page. There is an eGo CarShare car and truck parked at the Tantra Drive and Table Mesa Park Park-N-Ride. As described above, all occupants of the co-op will receive a membership to eGo CarShare and Community Cycles. Figure 5: Transit Map In terms of traffic and noise impacts, due to the limitation on vehicles associated with the co-op the majority of traffic will be pedestrian and bicyclists, which will not have the same noise and exhaust impacts as motor vehicles. The unit would be subject to the same limitations on noise as a traditional single-family home (disrupting quiet enjoyment of home, Section 5-9-5(b)4(c), B.R.C. 1981). In addition, a resident can be ticketed for unreasonable electronically amplified noise between 11 p.m. and 7 a.m. if it is loud enough to be heard from 100 or more feet from the property line. If approved, the cooperative would be required to maintain compatibility with the surrounding neighborhood. This restriction would be enforced through an administrative process in the municipal court, subject to a right to cure through community mediation. Agenda Item 5A Page 9 of 86 Figure 6: Bike/Ped Connections No changes are proposed to the size or design of the existing structure and from a physical standpoint the building will remain compatible with the surrounding uses. In terms of the operating characteristics, impacts of the increased occupancy are not expected to significantly impact the surrounding community. The proposed housing unit has been determined to meet the prescriptive standards for cooperative housing. As stated by the applicant, the increased occupancy over 12 persons would allow the cooperative to serve a wider demographic like low-income families, single parents who would like to share a room of their own children, and adult couples to share a room. Increased occupancy will also provide necessary flexibility in resident selection, which in turn prevents vacancies and improves the long-term performance of the co-op. The increase in occupancy is not expected to significantly increase the amount of traffic and parking generated. Based on city records, there has only been one incident reported to the Police since initial approval of the co-op in 2017. The incident was described as a disturbance between residents at the property and was not related to a noise, parking, trash, or weeds compliant. The call was cleared with no documented enforcement actions taken. Available Off-street Parking. On-street parking is available on one side of Moorhead Avenue and both sides of Ingram Court. Staff expects that the allowable three cars for the co-op should be adequately accommodated with on- street parking. In addition, over-flow parking is available at the Tantra Drive and Table Mesa Park Park-N-Ride. Vehicles with license plates registered to an address within the RTD district may park up to 24 hours at no charge. Vehicles registered out of the district can pay $4 to park for 24 hours. Number of Residents Proposed/ Proposed Habitable Square Feet per Person. The proposed occupancy would be consistent with the occupancy standards of the International Property Maintenance Code (IPMC). The existing home is relatively large for the neighborhood and the habitable space and bedrooms are sufficient to accommodate the proposed 16 occupants. The dwelling unit has 4,536 square feet of habitable space, which amounts to 283.5 square feet of habitable space per person. This in in excess of the 200 square feet of habitable space per person required Agenda Item 5A Page 10 of 86 under Chapter 10-11. Eleven of the 12 bedrooms are large enough to accommodate more than one occupant. Thus, the proposed 16 occupants of the co-op could be reasonably accommodated. In addition, the common areas will meet the minimum requirements for living and dining rooms in Section 404.5 of the IPMC. Mission of the Cooperative. As stated in the submitted bylaws, the mission of the Ingram Court Community Housing is “an intentional residential community committed to providing affordable housing, promoting human diversity, reducing the environmental impact of its members, and encouraging personal growth.” BHC has stated that their mission is to “provide permanently affordable, community-oriented housing to the low-income residents of the City and County of Boulder.” The applicant states that the cooperative at 4662 Ingram Court was specifically created to serve that mission. Additionally, BHC states that the cooperative housing model offers comprehensive affordability, addressing food, energy, transportation, and other household costs through the sharing of labor and resources. The mission of the cooperative and operator meets the intent of the special allowance for greater occupancy in the cooperative housing ordinance Conclusion. As stated above, the adopted cooperative housing ordinance attempts to strike a balance between facilitating cooperatives and protecting the community. The ordinance was also intended to encourage permanently affordable, non-profit cooperatives and provide an incentive to the creation of this form of co-ops. The proposed cooperative housing unit meets the requirements of the IPMC and is strictly limited in the number of vehicles associated with the co-op. Boulder Housing Coalition has experience in operating these establishments and has successfully operated the Ingram County Community Housing Co-op for over two years. The operating characteristics of the proposed use would be similar in nature to two existing cooperative rental housing facilities that BHC operates with an occupancy of 16 persons and an average bedroom count of 12 rooms (Chrysalis and Masala cooperatives). The increased occupancy would allow the Ingram Court co-op to serve a wider demographic and provide flexibility in resident selection. The residents are subject to house bylaws, have weekly house meetings, and use a consensus-based decision-making process. Since BHC has strict operational guidelines for tenants, staff expects that the cooperative unit to continue to be a well-managed use. Lastly, staff expects that the increased occupancy will have minimal negative impact on the use of nearby properties and will not change the predominant character of the surrounding area. Cooperatives must maintain compatibility with the neighborhood. As described above, there are several enforcement provisions in the ordinance to provide relief to neighbors that experience negative impacts from a cooperative unit. For the reasons described above, staff recommends that Planning Board recommend an occupancy of 16 persons. Public notice was given in the form of written notification mailed to all property owners within 300 feet of the subject property. In response to the required public notice, staff has received a few comments and inquiries (refer to Attachment B). V. PUBLIC COMMENT Agenda Item 5A Page 11 of 86 Staff finds that the proposed occupancy is consistent with the intent of the cooperative housing ordinance and recommends Planning Board action in the form of the following motion: Suggested Motion Language: Motion to recommend to the city manager to authorize an occupancy of 16 persons at the Ingram Court Community Housing cooperative housing unit, incorporating this staff memorandum as findings of fact. ATTACHMENTS: A. Proposed Plans and Written Statement B. Neighborhood Correspondence C. Staff Analysis of Licensing Requirements D. Draft Disposition of Approval VI. PLANNING BOARD ACTION Agenda Item 5A Page 12 of 86 ATTACHMENT A Agenda Item 5A Page 13 of 86 ATTACHMENT A Agenda Item 5A Page 14 of 86 ATTACHMENT A Agenda Item 5A Page 15 of 86 City of Boulder Cooperative Housing Unit License Application Ingram Court Community Housing, 4662 Ingram Court, Boulder CO 80305 Lincoln Miller (303) 883-2526 Lincolnlsaac@gmail.com Application Submitted: Enclosed you will find the following materials in support of the Ingram Court Community Housing's application for licensing as a Cooperative Housing Unit and our request for 16 occupants at 4662 Ingram Court. 00 • 00 Cover Letter-This cover letter explaining the contents of our application and following that is an explanation of how this Cooperative satisfies the requirements for additional occupants. • 01 Landlord Consent-Written consent from the owners of 4662 Ingram Court that they consent to the use of the property as a cooperative housing unit. • 02 ECHO Certification-Letter from Goose Creek Community Land Trust stating intent to certify Ingram Court Community Housing as a legitimate housing cooperative. • 03 Governance Structure-Referencing other attached documents, which document the • governance structure of the cooperative. • 04 List of Number of Members-Describing adult and dependent composition of the cooperative. • 05 Dedicated Bank Account-a letter from Blue Credit Union verifying the existence of a dedicated Ingram Court Community Housing bank account. • 06 Bylaws: o 06-1 Bylaws (Adopted: 8/25/2017) The bylaws of Ingram Court Community Housing. Additional documentation of our governance and membership structure attached. o 06-2 Housemate Application o 06-3 Interview Questions o 06-4 Roles and Chores • 07 Entity Registered with the CO Secretary of State: Certificate of Good Standing showing Ingram Court Community Housing is a nonprofit corporation registered with the CO Secretary of State. • 08 Written Statement: Details about location, name, and contact information. • 09 Baseline Inspection Report-See 15-2 for Baseline Inspection Report. • 10 Floor and Site Plans-Plans for the layout of the co-op from our architect. • 11 Site Plans-Can be found in the document under item 10. • 12 Trash Removal Plan • 13 Covenants from City Housing Departments for Not-For-Profit Permanently Affordable Co-ops and Proof of 501 c3 Status. • 14 Rental Housing License Application o 14-1 Rental Housing License Application ATTACHMENT AAgenda Item 5A Page 16 of 86 00 o 14-2 Baseline Inspection Form o 14-3 Affidavit of Legal Residency The Boulder Housing Coalition is requesting 16 occupants at 4662 Ingram Court a licensed cooperative under the City of Boulders Cooperative Housing Ordinance. The ordinance states that the following criteria are part of the decision to be made by the planning board. We believe that we can address all of the critical criteria set forth in the Cooperative Housing Ordinance for this additional occupancy request:: Mission of the cooperative: • The mission of the Boulder Housing Coalition (BHC) is to provide permanently affordable, community oriented housing to the low-income residents of the City and County of Boulder. The cooperative at 4662 Ingram Court was created to serve that mission. • The Boulder Housing Coalition has received $350,000 in City of Boulder Division of Housing funds to provide permanently affordable housing at the new Ingram Court housing cooperative and its secured with a permanently affordable covenant. • In any BHC co-op, including Ingram Court, individuals must income qualify. Ten people or Households at 4662 Ingram Court will have incomes of 50% or less of the AMI or $34,400 per year. • Also the Cooperative Housing Ordinance requires that all of the rents at Ingram will be affordable to folks that earn 60% of the AMI or less. BHC Request For 16 Occupants • At 4662 Ingram Court, BHC has added 3 more bedrooms to move to 12 because that number allows us to BOTH satisfy the bank financing conditions AND be below the City's Division of Housing rent limits for affordable housing. • The BHC is proposing to increase the occupancy of the Ingram Court Co-op from 12 to 16 occupants. • With 12 bedrooms and a maximum occupancy of 12, it is not possible for the proposed co-op to affordably accommodate single parents who would like to share a room with small children, for children to share a room of their own, or for adult couples to share a room. • Chrysalis & Masala cooperatives have a maximum occupancy of 16 with an average bedroom count of 12 and they have 30+ combined years of continuous operation and 1 off street parking space between them and the Sky did not fall! ATTACHMENT AAgenda Item 5A Page 17 of 86 00 • This allows these co-ops with occupancies set above the number of bedrooms to have CRITICAL flexibility in resident selection. So we can serve a wider demographic of the low income population by allowing couples and families to share rooms. This prevents vacancies and improves long term performance. • At Ingram where we do not have this flexibility we have had 5 separate single parent families and numerous couples walk away from the membership process because they are unable to afford renting one room per family member or per person. • We believe that low income single parents are a vulnerable population that need access to affordable housing in Boulder. Serving Low Income Families: • Increasing the occupancy limit to 16 for Ingram Court Co-op allows for low income families and couples who need to be able to share rooms to find a home In the Co-op. • If a family of two shares an average room in Ingram Court Co-op, they would pay $545 with the family discount. If that family had to rent two rooms, they would pay $1220. • Since opening the Ostara Cooperative in 2013, the BHC has experienced strong demand for housing from small families, and single parent families. • In 2014 BHC started a rent discount for families with dependents ($130/month off rent) to up to 5 families in our system. • We now have low-income families at all of our co-ops. • We anticipate that many of the additional residents enabled by this increase in occupancy would be children so we wrote 12 occupants and 4 dependents on our application. But can not know what the final mix of adults and children will be at Ingram Court and we will not know that until we get a license and advertise and fill the building. Our request in the application should read simply 16 occupants. Available off-street parking: • Changing the occupancy to 16 will have no impact on the vehicle limit of 3 cars off-street • 4662 Ingram Court has one conforming off-street parking spot in the garage and one non-conforming spot in the driveway. • Ingram will have a maximum of 3 vehicles parked on street as required by the co-op license. No more than 5 vehicles will be allowed to be associated with residents of the co-op. • We are taking the parking limit very seriously. • BHC has been strictly enforcing this policy with the lease, Management agreement and membership process. Leases I indicate whether a resident is entitled to have a vehicle, nots ATTACHMENT AAgenda Item 5A Page 18 of 86 00 the vehicle type, model and licence plate number and the only acceptable parking location for the vehicle. Violation of the Parking policy will be grounds for termination of tenancy. • The BHC offers a comprehensive package of mobility options to all of our members including covering the annual membership fees for eGo Carshare and Community Cycles. Where available, we cover Neighborhood EcoPasses for all of our residents. • The BHC would be supportive of a Neighborhood Parking Permit (NPP) district. It would provide an external enforcement mechanism for our vehicle limitations. The proposed habitable space per person: • The Ingram Court Co-op is enormous. At 4500+ square feet, it's more than 40% larger than either Chrysalis or Masala. With 16 residents, it would still have 283 square feet per person, which is well above the 200sf per person required by the code, and more space per person than any of the other existing BHC cooperatives. Our co-ops have operated successfully for more than 30 years combined. This amount of space works for people. • All but one of the bedrooms at Ingram is larger than 1 00sf -meaning that they can legally be shared by two people. Half of the bedrooms are larger than 150sf, which means they're legal for at least 3. The !argest bedroom is more than 260 square feet. • In addition, Ingram has two large common rooms which we have found is sufficient for a co-op with the proposed number of members. BHC House Management: • Our housing model offers comprehensive affordability, addressing food, energy, transportation, and other household costs. Enabling the simple act of sharing is by far the most powerful sustainability mechanism we employ, and it is at the core of our organizational mission of providing affordable, community oriented housing. • Sharing allows the average co-aper to use 1 /3 of the energy used by the average resident of Colorado. • Shared food systems keep food costs low and increase affordability. • Shared appliances and other durable household goods mean individuals don't need to purchase many of their own things to furnish the house. • Shared vehicles, carshare memberships, transit passes, and a culture of active transportation all helps to reduce personal transportation costs dramatically. • The BHC has already greatly increase curb appeal and outdoor maintenance of 4662 Ingram Court: • Curb appeal is important to us! One or more members will compose a garden and groundskeeping leadership team, coordinating and performing outdoor maintenance ATTACHMENT AAgenda Item 5A Page 19 of 86 00 tasks and BHC houses must hold 2-4 Work Holidays per year, to get work done inside and out. Improved quality and safety of the property: • We have added egress windows to basement bedrooms to increase the safety of the property. • Ingram Court co-opers control an annual minor maintenance budget and this empowers residents to help maintain the property, paying for materials to support internal maintenance projects, and for specialized outside labor (plumbers, electricians, etc.). • Ingram Court Co-op will have a maintenance coordinator who is responsible for fulfilling maintenance requests from members of the co-op, fixing and improving things within the house, or coordinating outside help if necessary. • Continual ownership by the BHC means we will be taking care of the property the way a homeowner would and it will be permanently affordable forever. • In addition to the household maintenance fund, the BHC has an annual, system-wide major maintenance budget, which is used for any maintenance project costing more than $1000. We also make regular contributions to our capital reserves which will be there to pay for major capital improvements when necessary, such as replacing the roof. • 4662 Ingram Court has an ideal rooftop for on-site solar PV it could accept up to a 17kW array. The BHC is pursuing funding to install as large a solar array as possible. We believe that a co-op at 4662 Ingram Court will bring positive impacts to the neighborhood: • Neighborhood EcoPass: The prospective members of our new co-op have expressed interest in working on an EcoPass district for their neighborhood. • Neighborhood eGo Carshare EV: The BHC is working with eGo Carshare to get an electric carshare vehicle and charging station at 4662 Ingram Court. This would provide a shared mobility option for the co-op's members that would also be conveniently available to anyone in the neighborhood that is a member of eGo Carshare. • Co-opers are considerate and respectful neighbors. All of the existing BHC housing cooperatives have voluntarily adopted their own internal norms around household quiet hours, which are far more restrictive than the city's noise regulations. • We will Increase the economic diversity of the neighborhood: Boulder's low density, single family neighborhoods are among the most economically exclusive areas of the city. Housing cooperatives can bring economic diversity to existing neighborhoods without new development taking place, and without altering the physical character of the ATTACHMENT AAgenda Item 5A Page 20 of 86 00 neighborhood. But the 500 foot radius limitation and the cap of 10 per year means they can not take over single family neighborhoods. ATTACHMENT AAgenda Item 5A Page 21 of 86 ATTACHMENT AAgenda Item 5A Page 22 of 86 ATTACHMENT AAgenda Item 5A Page 23 of 86 ATTACHMENT AAgenda Item 5A Page 24 of 86 ATTACHMENT AAgenda Item 5A Page 25 of 86 ATTACHMENT AAgenda Item 5A Page 26 of 86 ATTACHMENT AAgenda Item 5A Page 27 of 86 ATTACHMENT AAgenda Item 5A Page 28 of 86 06-1 Ingram Court Community Housing Bylaws 1. Mission Statement a. The Ingram Court Community Housing, referred to throughout this document as "The House", is an intentional residential community committed to providing affordable housing, promoting human diversity, reducing the environmental impact of its members, and encouraging personal growth. 2. Discrimination and Harassment Statement a. Discrimination and harassment of all forms are prohibited. Ingram Court Community Housing strives to create an inclusive community in which everyone feels welcome. Applicants are not selected on the basis of race, color, creed, sex, gender identity, gender expression, sexual orientation, marital status, religion, disability, familial status, veteran status, national origin or ancestry, or any other class protected under the Fair Housing Act or local and state law. 3. Governance a. Group Decision Making i. Ingram Court Community Housing utilizes a decision-making process which addresses concerns and proposals through discussion to find the most agreeable outcome. Consensus of all participating members is required for all proposals to pass, provided quorum (outlined below in 3.a.i.2) is met. Decisions to remove a member require consensus of all members except the member potentially being removed. Decisions will typically be made at weekly meetings, however special circumstances may require an emergency meeting or a decision to be made over electronic communications. 1. Voting All members wield the power of one vote. 2. Quorum Quorum is met when ¾ (rounded down) of the members of the house are present and participating in a decision. Decisions to remove a member or change a major policy require consensus from all members. ATTACHMENT AAgenda Item 5A Page 29 of 86 06-1 b. Conflict Resolution ,. Interpersonal Conflict 1. Conflicts between individual members of the house may be resolved through private meetings or communication until the issue is resolved. ii. House Level Conflict 1. House level conflicts, such as but not limited to: refusal to participate in the Labor System, excessively missing House Meetings, or interpersonal conflicts which are affecting the whole house, may be resolved in a House Meeting through open and mediated discussion. 111. Mediation Committee 1. Should there be a conflict, interpersonal or house level, which cannot be resolved within the house the person(s) involved in the conflict may request mediation help through the Boulder Housing Coalition's Mediation Committee. Please refer to them The Boulder Housing Coalition Mediation and Membership Review Policies for further information. c. House Meetings i. Frequency and Time 1. House meetings will occur on a weekly basis and will not exceed one hour for dinner and one hour for meeting unless agreed upon by all members present. ii. Format 1. Heart Song Heart Song is an update from each member about how they are doing and what is going on in their lives. Heart Song takes place over dinner prior to the meeting. 2. Announcements Brief updates on upcoming events, travel dates from members, incoming house guests, recently accomplished house goals, etc. ATTACHMENT AAgenda Item 5A Page 30 of 86 06-1 3. Action Items Action items from the previous meeting are reviewed and checked on for completion. This is a way to encourage members to complete their assigned action items and to hold members accountable. If an action item has not been completed it can be dropped or moved to the following week. 4. Agenda Items iii. Roles Agenda items may be added to the agenda by any member up to 24 hours prior to the meeting. During the meeting, Agenda Items are introduced by the facilitator who guides discussion and decision making. Roles are assigned on a rotating basis. 1. Facilitator The Facilitator is responsible for efficiently moving through the House Meeting format, helping to structure the discussions, keeping a queue of members wishing to speak ("Stack"), summarizing the views expressed, and formulating those views into proposals to be voted on by all members. 2. Time Keeper The Timer Keeper monitors the time allotted to each agenda item and will notify the group when time is running out on the current discussion or if the meeting as a whole is nearing the one hour limit. The Time Keeper can make proposals to extend the time for the current item. 3. Note Taker The Note Taker takes notes on the announcements, action items, and agenda discussions/proposals in the House Meeting Notes document shared between all members of the house. 4. Vibes Watcher Vibes Watcher is responsible for being sensitive to communication style and guiding members towards nonviolent language. The Vibes Watcher may suggest a short break for members to take some deep breaths and organize their thoughts during difficult discussions. iv. Attendance 1. Attendance to House Meeting is expected for all members. If a member plans to be absent from a meeting, they must alert the house prior to that meeting so the Facilitator will know if Quorum can be met with the remaining group. ATTACHMENT AAgenda Item 5A Page 31 of 86 06-1 4. Shared Resources a. Food System i. Cost and benefits 1. All housemates pay $150 a month for food dues. Food is purchased collectively at local groceries, farmers' markets, a bulk organic distributor, a food cooperative, and through a Community Supported Agriculture (CSA) farm share. When new members enter the house, the food steward(s) should administer a survey to determine the members' dietary needs, preferences, and restrictions. The grocery shoppers and bulk buyers use this survey to inform what is purchased. All house members have full access to all collectively purchased food in the kitchen. ii. Groceries 1. Groceries are bought twice a week by the Grocery Shopper(s). Grocery shopping rotates every other week. iii. Bulk Goods 1. Bulk goods are purchased by the Bulk Buyer through the Food Cooperative and bulk distributors. iv. House Meals 1. House Meals take place between Sunday and Thursday. House Meals are assigned up to two Cooks and up to two Cleaners. Sign up for Cooking and Cleaning take place every other week during the chore rotation. v. Guest Food Policy 1. Members are allowed to invite guests over for meals. Each member may have up to 5 free guests per month. If a member has more than 5 guests in a month, the member or guest are asked to compensate the house. Compensation can either be $3/meal or in the form of bringing food to share with the house. ATTACHMENT AAgenda Item 5A Page 32 of 86 06-1 b. Labor System i. Chores 1. Indoor and outdoor chores are assigned every two weeks and are designated on the shared chores document. Chores include cooking a meal, cleaning up a meal, sweeping/vacuuming common spaces, emptying garbages, etc. 11. Stewardships 1. Stewardships are long-lasting foundational roles each member holds in addition to the chore system. Some stewardships are absolutely necessary while others {Garden Steward, Events Steward) may be created when there is a need/desire for such stewardships. Necessary stewardships include: 2. Finance Coordinator{s) a. Finance coordinators are responsible for all financial dealings within the house and between the house and the Boulder Housing Coalition. This includes collecting rent and food dues, reimbursements for members, reconciling the accounts, etc. Each Finance Coordinator will be trained by Boulder Housing Coalition staff. 3. BHC Board Representative {Board Rep) a. The BHC Board Representative is the liaison between the house and the BHC Board. The Board Rep is responsible for attending monthly Board meetings, staying in email communication with the Board, bringing issues from the house {such as Major Maintenance needs) to the Board, and communicating policy changes from the Board to the House. 4. Bulk Buyer The Bulk Buyer is responsible for making twice-monthly orders through the Food Cooperative and other bulk goods providers through which the house is currently receiving bulk goods. 5. Membership Coordinator {MC) The Membership Coordinator holds the membership process as described below. During the slow times, the MC will check the MC email address, update the Potential Housemate {PHM) spreadsheet as applications come in, and keep the website up-to-date with openings that are available. During peak membership season, the MC is responsible for maintaining the ATTACHMENT AAgenda Item 5A Page 33 of 86 06-1 running spreadsheet of PHMs, connecting PHMs with an assigned contact within the house, and organizing the dinner and interview schedule with PHMs. 6. Maintenance Coordinator The Maintenance Coordinator is responsible for all maintenance in the house. They may either fix things themselves and be reimbursed by the house for parts, or hire outside help. Any project larger than $1,000 in scope requires Board approval and will come out of the BHC's Major Maintenance fund. All other projects require House approval and come from the Minor Maintenance fund for the House. c. Durable Items i. The House will purchase high quality shared items such as vacuum cleaners, small kitchen appliances, etc. for the House to share as a whole. 5. Finances a. House Bank Accounts i. The House will maintain an Operating account, for rent and deposits, and a Food account, for groceries and bulk purchases. Finance Coordinator(s) will manage the House's bank accounts. Quarterly reports will be made to the members during a House Meeting and shared with the BHC Board. Members are free to inquire about any financial matter. b. Rent and Food Payments i. Payments for Rent and Food will be deposited into the Operating and Food accounts, respectively, through a secure payment system to avoid bounced checks. Approved systems include Dwolla and direct transfers from bank accounts in the same credit union. ii. Payments for Rent and Food are expected by the 1st of each month. 1. Late Payment Policy a. After the 5th of the month, a member with a late payment will incur a $5/day fee for each day the payment is late. b. Should a payment be more than 10 days late, the Finance Coordinator will follow the Rent Violation Timeline outlined ATTACHMENT AAgenda Item 5A Page 34 of 86 06-1 in Appendix One. 2. Payment Plan 6. Membership a. All Residents have the right to request a payment plan, however their request must be properly authorized in a house meeting and documented in meeting notes in order to be valid. Please refer to the Ingram Court Community Housing Payment Plan policy in Appendix One for information about payment plan terms and procedures. a. Membership Coordinator Responsibilities i. The MC is responsible for contacting PHMs and maintaining the membership process timeline. The MC will facilitate interviews and the decision making process for the house. The MC will make sure new members are trained in the important processes of the House. b. Process Timeline i. Application Review 1. The House reviews applications as they arrive and decide if the members will PHM over to meet the house. ii. Meeting with Current Housemates 1. PHM are invited to attend two dinners with the House as a way of getting to know the house and seeing if the PHM wants to continue with the membership process. iii. Interview 1. A preliminary vote is taken to see if anyone wants to block the PHM from being interviewed. Reasons for blocking a PHM must follow Fair Housing Guidelines. 2. If no one blocks an interview, the house will invite the PHM over for an interview. Interviews involve questions about behaviors in shared spaces, expectations for the house, etc. iv. Vote 1. After an interview, the house will vote to move forward with checking the references for the PHM. Reasons for blocking moving forward with the process must follow Fair Housing Guidelines. ATTACHMENT AAgenda Item 5A Page 35 of 86 06-1 v. Reference Checking 1. A member is assigned the task of checking the references of the PHM. If no reasons surface to block the PHM, the process continues. vi. Income Qualification 1. PHMs must complete the Income Verification paperwork and the Asset Verification paperwork in order to qualify as low income. vii. Lease Signing 1. After all other steps are completed, the PHM will be invited to sign a lease. c. Lease Re-Signing i. All members of the house are invited to re-sign their lease for the next lease cycle. Lease re-signings must happen on or before April 1st. If no lease is signed by April 1st, the house will begin interviewing PH Ms for that room. d. Eviction i. The Ingram Court Community Housing reserves the right to declare a member in default of their lease and evict that member as described in sections 18 and 19 of the lease. Failure to adhere to these bylaws will cause a member to be in default of the lease as described in section 14 of the lease. A consensus of all members except for the resident in question constitutes a declaration by Ingram Court Community Housing of a member being in default of their lease. If possible, the member in question should be present to defend themselves when the eviction is being discussed. e. Sublets i. Residents wishing to sublet their room but are returning during the same lease cycle must give at least two months notice. Arrangements for subletting are not the responsibility of the Membership Coordinator. f. Moving Out i. Move Out Checklist ii. Lease Breaking 1. Giving Notice to the House ATTACHMENT AAgenda Item 5A Page 36 of 86 06-1 a. Members wishing to break their lease must give the house at least 2 months notice. Lease breaking strains the Ingram Court Community Housing community. House members who choose not to fulfill their lease must assume all membership responsibilities to fill their room. The departing member should arrange the interview schedule, serve as the primary contact for potential house members, and pre-screen anyone wishing to interview. Once a new member is moved in, the departing member is returned half their security deposit. If the House must take up the membership duties, the departing member forfeits their entire security deposit. 2. Being Asked to Leave a. Members may be asked to leave or not re-sign their lease for reasons related to what is outlined in section 6.d on Eviction. ATTACHMENT AAgenda Item 5A Page 37 of 86 06-1 APPENDIX ONE: HOUSING PAYMENT PLAN POLICY o. Definitions 0.1 A Resident is a person who has signed a lease with Ingram Court Community Housing and the Boulder Housing Coalition to legally occupy a room at 4662 Ingram Court. 0.2 A Payment Plan is a written contract between a Resident and Ingram Court Community Housing, a state of Colorado non-profit corporation, which will hereafter be referred to as "Ingram". A payment plan details a modified payment schedule for money owed to Ingram. This contract does not replace or nullify the Resident lease, but supersedes the regular payment schedule for the period of time specified in the payment plan. All Residents have the right to request a payment plan, however their request must be properly authorized in a house meeting and documented in meeting notes in order to be valid. ORAL AGREEMENTS SHALL NOT CONSTITUTE A PAYMENT PLAN. 0.3 The Three-Day Demand for Compliance or Possession will hereafter be referred to as "Three-Day Notice". This is a legal document demanding payment of past-due rent/fees. A written, signed Three-Day Notice gives the Ingram Resident the choice of either paying the past-due rent or moving out within three days. Ingram can serve the tenant this demand by posting the Three-Day Notice on the Resident's door at 4662 Ingram Court. A copy must also be mailed the next day. In computing the three days, the first day is excluded. If the Resident has not paid the rent or moved out within three days, Ingram need not accept any further payments of the rent and may file an eviction suit at the Boulder County Justice Center, on 6th and Canyon in Boulder. The time begins running whether or not the tenant discovers the Three-Day Notice is posted. Also the time continues to run regardless of whether it is a Saturday, a Sunday, or a holiday. 0.4 A Verified Payment is a payment in the form of a money order, cashier's check or electronic check. I. Procedure for requesting and approving a payment plan: 1.1 The Resident must request a payment plan from the Ingram house accountant. The house accountant will then check to ensure that the proposed payment plan is in compliance with all the terms of this Payment Plan Policy. The payment plan will then be brought to a regular house meeting of Ingram. 1.2 Ingram must vote whether or not to approve the proposed payment plan as per the house's voting rules. Ingram may reject a payment plan request FOR ANY REASON, including but not limited to the financial state of the House or BHC, the trustworthiness of the Resident, the Resident's current financial or employment situation, or the Resident's payment history. 1.3 If approved by consensus, a written form of the payment plan will then be signed by the Resident ATTACHMENT AAgenda Item 5A Page 38 of 86 06-1 and the Ingram house accountant, affirming that it conforms to the terms of this policy, and has been approved by a house vote. 2. Modification of an existing payment plan: 2.1 A Resident may request a payment plan modification by submitting a new request. Once approved, the modified payment plan replaces the previous payment plan. 2.2 The end date of the revised payment plan must be the same as the end date of the original payment plan. Thus only the distribution and schedule of payments may be modified. 3. Payment plan terms: Once a resident is on a payment plan, s/he is not accruing $5/day in late fees. 3 .1: The payment plan shall begin on the original due date of the first payment to be delayed, and shall end no later than 3 months thereafter. (For example, if a Resident requests a payment plan for January rent and/or food payment, the payments must be scheduled such that rent and food payment for January, February, and March will all be paid in full by April 5.) 3.2 The payment plan shall include all rent and food payments, and any other fees due during the period of the payment plan. 3.3 If a new Resident cannot pay their first month's rent, no payment plan will be issued. 3 .4 A payment plan shall have no payments scheduled later than the fifth of the last month of a Resident's lease period. 3.5 Once a Resident has been issued a Three-Day Notice, that person is not eligible for a payment plan. 3.6 All payments made on a payment plan must be made by "Verified Payment" (see definition above). 3.7 Ingram may place additional restrictions on a particular Resident's payment plan if it finds the Resident to be repeatedly non-compliant with payment policies. 4. Normal rent violation time-line: 1. The following timeline may only be modified by Ingram, by a consensus vote at a house meeting. ATTACHMENT AAgenda Item 5A Page 39 of 86 06-1 2. On the 5th of the month, late rent and food payments are due. Residents shall be charged a $5 per day late fee for each overdue payment. For example, if a Resident still hasn't paid for food or rent on the 6th of the month, they owe $20 in late fees, in addition to their normal rent and food payments. This $20 is $5 for food and $5 for rent on the 6th plus $5 for food and $5 for rent on the 6th. If multiple rent or food payments are overdue (e.g. both February and March rents have not been paid) then each of them will accrue their own stream of $5/day late fees. 3. On the 6th of the month the Ingram house accountant will issue a late payment warning issued to any Resident in debt. 4. On the 6th of the month the Ingram house accountant will inform the house by email of all Residents who are in debt, and the amounts of their debts to the house. 5. If, on the 14th of the month, a payment plan has not been approved or full repayment has not been received, and the debt of the Resident is equal to or exceeds the "total monthly rental payment" as stated in section SB of the individual Resident lease, then the Ingram house accountant will immediately serve the Three-Day Notice to the Resident. 6. On the 17th of the month, rent demanded by Three-Day Notice is due. 7. On the 18th of the month, the lease of any Resident who has not paid as demanded by their Three-Day Notice will be terminated. The Ingram house accountant will notify the Boulder Housing Coalition board that the lease of the Resident has been terminated. The BHC staff will inform the former Resident of the termination and require the individual to vacate the premises. If necessary, BHC staff will file an eviction suit at the Boulder County Justice Center 5. Payment plan violation timeline: 5.1 Payment is due on the days specified in the approved payment plan. 5.2 If payment is not made on a specified due date (this includes payment plans for rent and/or monthly installments for security deposit), the Ingram house accountant will report that a payment was missed, at the next possible Ingram house meeting. 5.3 At that meeting a consensus vote oflngram Residents is required to allow the Resident-in-debt to submit another acceptable payment plan. 5.4 If there is no new consensus payment plan for the Resident by the end of that meeting and the debt of the Resident is equal to or exceeds the "total monthly rental payment" as stated in section SB of the individual Resident lease, then the Ingram house accountant will immediately serve the Three-Day Notice to the Resident demanding full payment of past-due rent. 5.5 On the 4th day after payment is due, the lease of any Resident who has not paid as demanded by their Three-Day Notice is terminated. The Ingram house accountant will notify the Boulder Housing Coalition board that the lease of the Resident has been terminated. The BHC staff will inform the former Resident of the termination and require the individual to vacate the premises. If necessary, BHC staff will file an eviction suit at the Boulder County Justice Center. ATTACHMENT AAgenda Item 5A Page 40 of 86 06-1 6. Returned (bounced) checks: 6.1 The house accountant will notify the Resident whose check was returned. The Resident will be charged a $5/day late fee for each day from the day of notification until a Verified Payment is received by the house accountant. In addition, any bad check fees charged to Ingram will be paid by the Resident. 6.2 Repayment is due by Verified Payment, seven days after the House accountant notifies the Resident of a returned check. On or before this date the Resident may request a payment plan to cover the amount past due. 6.3 If, on the eighth day after notifying the Resident of a returned check, a payment plan has not been approved or full repayment has not been received, and the debt of the Resident is equal to or exceeds the "total monthly rental payment" as stated in section 5B of the individual Resident lease, then the Ingram house accountant will immediately serve the Three-Day Notice to the Resident. 6.4 On the 4th day after payment is due, the lease of any Resident who has not paid as demanded by their Three-Day Notice is terminated. The Ingram house accountant will notify the Boulder Housing Coalition board that the lease of the Resident has been terminated. The BHC staff will inform the former Resident of the termination and require the individual to vacate the premises. If necessary, BHC staff will file an eviction suit at the Boulder County Justice Center. ATTACHMENT AAgenda Item 5A Page 41 of 86 ATTACHMENT AAgenda Item 5A Page 42 of 86 ATTACHMENT AAgenda Item 5A Page 43 of 86 ATTACHMENT AAgenda Item 5A Page 44 of 86 ATTACHMENT AAgenda Item 5A Page 45 of 86 ATTACHMENT AAgenda Item 5A Page 46 of 86 ATTACHMENT AAgenda Item 5A Page 47 of 86 ATTACHMENT AAgenda Item 5A Page 48 of 86 ATTACHMENT AAgenda Item 5A Page 49 of 86 ATTACHMENT AAgenda Item 5A Page 50 of 86 ATTACHMENT A Agenda Item 5A Page 51 of 86 Not-For-Profit Permanently Affordable Co-op DocumentationATTACHMENT AAgenda Item 5A Page 52 of 86 Not-For-Profit Permanently Affordable Co-op DocumentationATTACHMENT AAgenda Item 5A Page 53 of 86 Not-For-Profit Permanently Affordable Co-op DocumentationATTACHMENT AAgenda Item 5A Page 54 of 86 Not-For-Profit Permanently Affordable Co-op DocumentationATTACHMENT AAgenda Item 5A Page 55 of 86 Not-For-Profit Permanently Affordable Co-op DocumentationATTACHMENT AAgenda Item 5A Page 56 of 86 Not-For-Profit Permanently Affordable Co-op DocumentationATTACHMENT AAgenda Item 5A Page 57 of 86 Not-For-Profit Permanently Affordable Co-op DocumentationATTACHMENT AAgenda Item 5A Page 58 of 86 Not-For-Profit Permanently Affordable Co-op DocumentationATTACHMENT AAgenda Item 5A Page 59 of 86 Not-For-Profit Permanently Affordable Co-op DocumentationATTACHMENT AAgenda Item 5A Page 60 of 86 Not-For-Profit Permanently Affordable Co-op DocumentationATTACHMENT AAgenda Item 5A Page 61 of 86 Not-For-Profit Permanently Affordable Co-op DocumentationATTACHMENT AAgenda Item 5A Page 62 of 86 Not-For-Profit Permanently Affordable Co-op DocumentationATTACHMENT AAgenda Item 5A Page 63 of 86 Not-For-Profit Permanently Affordable Co-op DocumentationATTACHMENT AAgenda Item 5A Page 64 of 86 Not-For-Profit Permanently Affordable Co-op DocumentationATTACHMENT AAgenda Item 5A Page 65 of 86 Not-For-Profit Permanently Affordable Co-op DocumentationATTACHMENT AAgenda Item 5A Page 66 of 86 Not-For-Profit Permanently Affordable Co-op DocumentationATTACHMENT AAgenda Item 5A Page 67 of 86 Not-For-Profit Permanently Affordable Co-op DocumentationATTACHMENT AAgenda Item 5A Page 68 of 86 Not-For-Profit Permanently Affordable Co-op DocumentationATTACHMENT AAgenda Item 5A Page 69 of 86 Not-For-Profit Permanently Affordable Co-op Documentation ATTACHMENT A Agenda Item 5A Page 70 of 86 From:Leah Conroe-Luzius To:Walbert, Sloane Subject:Ingram Ct Community Housing Date:Thursday, January 30, 2020 4:13:27 PM External Sender Dear Sir, 12 people in one household is enough. Do not increase occupancy permit to 16 people. Some sense of the greater community needs to be preserved. Certainly the rent divided by 12 is affordable. If it is not affordable, limit the amount that the owner can charge . Thank you, Leah Conroe-Luzius ATTACHMENT B Agenda Item 5A Page 71 of 86 From:Ferro, Charles To:Walbert, Sloane Subject:FW: Ingram Court Community Cooperative Date:Monday, February 03, 2020 9:55:00 AM     From: Sandra Lynton <sandralynton@gmail.com>  Sent: Saturday, February 1, 2020 11:31 PM To: Council <council@bouldercolorado.gov> Subject: Ingram Court Community Cooperative   External Sender   I am a resident of the City of Longmont, so I am just giving my observations as this does not affect me directly.  I think the residents ie owners and not necessarily occupiers of property in Martin Acres are being very mean spirited.  I am guessing that they have no interest whatsoever in the City of Boulder having permanent affordable housing for low income people.  I think they are merely concerned about the value of their properties and think the housing at Ingram Court reduces the value of their properties.  Sounds a lot like 'Not in My Backyard' to fulfill their greed.   ATTACHMENT B Agenda Item 5A Page 72 of 86 From:pat@patnoyes.com To:Walbert, Sloane Subject:4662 Ingram Ct. Date:Wednesday, January 29, 2020 3:47:10 PM External Sender Sloane,   I own 4664 Ingram Ct., next door to 4662 Ingram, the applicant property for increased occupancy as cooperative housing.  I was the owner when the initial request was made to make this a 16-person unit.  My objectives have not changed nor has my rationale for those objections.  I will provide an updated written response to the one I provided two years ago.   Please provide a copy of the complete applications so I have the current information on the proposed exception to current code.   Thank you, Pat Noyes 303-440-8171   ATTACHMENT B Agenda Item 5A Page 73 of 86 From:Ferro, Charles To:Eric Budd; boulderplanningboard; Lincoln Miller; BHC Cc:Walbert, Sloane Subject:RE: [Manalist] Ingram Ct. Community Housing Request to Increase Occupancy to 16 Date:Friday, January 31, 2020 9:45:46 AM Hi Eric, Thanks for the note. We’ll make sure that this gets added to the file. Best, Charles Charles Ferro, AICP Development Review Manager O: 303-441-4012 ferroC@bouldercolorado.gov Department of Planning 1739 Broadway | Boulder, CO 80302 bouldercolorado.gov From: Eric M. Budd <ericbudd@gmail.com> Sent: Thursday, January 30, 2020 3:53 PM To: boulderplanningboard <boulderplanningboard@bouldercolorado.gov>; Lincoln Miller <lincoln@boulderhousingcoalition.org>; BHC <Staff@boulderhousingcoalition.org> Subject: Fwd: [Manalist] Ingram Ct. Community Housing Request to Increase Occupancy to 16 External Sender Hello Boulder Planning Board and staff, I wanted to forward this email we've put together and sent out to the Martin Acres Neighborhood Association Email List. We received a question about our proposal and wanted to give them a reply with our perspective and intentions. This is part of our larger outreach strategy that will include sending information to the MANA board members, and individual outreach to neighbors in the area and on our street. (I've copied Lincoln Miller, Executive Director of the Boulder Housing Coalition on this email). Please let he or I know of any questions you have, or other ideas that we might take to increase our outreach efforts. Thank you, ATTACHMENT B Agenda Item 5A Page 74 of 86 Eric Budd Ingram Court Community Housing Membership Coordinator BHC Board Member m: 720-295-1122 ---------- Forwarded message --------- From: Eric M. Budd <ericbudd@gmail.com> Date: Thu, Jan 30, 2020 at 3:35 PM Subject: Re: [Manalist] Ingram Ct. Community Housing Request to Increase Occupancy to 16 To: Martin Acres Neighborhood Email List <manalist@martinacres.org> Cc: <pat@patnoyes.com> Good afternoon Pat and residents of Martin Acres, I’m Eric Budd, a resident at Ingram Cooperative the past two years. The Boulder Housing Coalition (BHC) is requesting an increase in occupancy from 12 residents to 16 residents at 4662 Ingram Court. Increased occupancy is allowed under the co-op ordinance if a non-profit is providing permanently affordable housing as the BHC does at Ingram. As you mentioned, Boulder Housing Coalition had originally requested an occupancy of 16 people when Ingram Co-op applied for a license in 2017. However, BHC ultimately decided to withdraw our application over resident and planning board concerns that the co-op was new and not yet established. Now that the co-op has been operating for over two years, and we have shown stable management of the house and parking, improvements to the property, and a long-term stake in the community and neighborhood, we are returning to the city to apply again. Reasons why we are requesting an occupancy of 16 people: As the Membership Coordinator for the Ingram Co-op, I can tell you that we receive quite a few letters like this: “I am interested in learning more about the Ingram co-op. I have an 8 year old son who would be with me half of the time. Is this possible at Ingram or only at the Ostara location? We have lived in several non-traditional settings and this sounds like it could be a great fit. South Boulder is a better location for us because of family and school considerations.” We would love to serve single parents like this one, but we have 12 rooms and 12 ATTACHMENT B Agenda Item 5A Page 75 of 86 maximum occupants. In order to provide affordable rents for our residents to meet the city’s requirements, we can not afford to leave any rooms vacant. That means both this single mom and her child regardless of age would *each* need to rent a room, which would double the cost for low income folks. Increased occupancy will give us more flexibility in membership, support single parents, and keep household vacancy down for us. Neighborhood Impacts: Since we started the Ingram Co-op, we have been very serious about limiting our impacts and improving the neighborhood. The Cooperative Housing Ordinance requires only three cars can be parked on the street. It is very important to note that this additional occupancy request *does not* in any way increase the number of cars that Ingram Co-op residents can park on-street in our neighborhood. We take this limit of 3 cars very seriously and this policy is strictly enforced in our leases by both Ingram Court Community Housing and the BHC in a number of ways: First, each new resident signs a parking agreement in which they are assigned a parking place and their licence, make, model, and vehicle type is recorded. This document is incorporated by reference into the lease. If residents do not have a vehicle, then they are not entitled to a parking place. Any violation of the parking agreement is a violation of the lease, so violations of the parking policy can lead to lease termination. Each new resident meets with BHC staff and is told about the non-negotiable 3 car on-street parking limit. Residents must park either on or off street depending on the place they are assigned in their individual lease. I want you all to know that Ingram Co-op is dedicated to maintaining our house and being a good neighbor. Since 2017 we have put over $150,000 into improving and maintaining 4662 Ingram Court. A lot of our residents, board members and staff volunteered hundreds of combined hours to improve the front and back yards. When we bought the house in 2017, it was an all lava rock appearance that was not very appealing. We dedicated time, money and sweat equity into improving the property, and are glad that it benefits both our house and the neighborhood. Here are a few pictures that show the effort and care we put into improving the property: Previous - front Previous - front side New - front New - front side New - back yard If there are questions about the cooperative at 4662 Ingram Court or our occupancy proposal I would encourage you to contact me and I’ll be happy to answer them. Thank you, Eric Budd Ingram Court Community Housing Membership Coordinator BHC Board Member ATTACHMENT B Agenda Item 5A Page 76 of 86 From:Fleming Schutrumpf To:Walbert, Sloane Subject:Ingram Coop expansion Date:Tuesday, February 04, 2020 10:09:46 AM External Sender Hi Sloane I am curious about the Ingram Coop expansion. I actually like the idea of Boulder not requiring each house, regardless of size to be limited to 3 occupants, since heating a house that is underoccupied is not healthy for the environment. At the same time, I am curious about parking and how the coop validates who owns a car.... It does seem like an awful lot of cars parked everywhere, and lately, a lot of unfamiliar cars with people walking the direction of the coop. Again, in a normal city like Denver, people having cars and tight parking is normal. Boulder is different in that it has a lot of unusual and not always well considered rules, and then a ton of rulebreaking. Thanks! Fleming Schutrumpf 4656 Ingram Court ATTACHMENT B Agenda Item 5A Page 77 of 86 1 CRITERIA CHECKLIST AND COMMENT FORM COOPERATIVE HOUSING COOPERATIVE HOUSING LICENSE: Request for an increase in occupancy to 16 persons for an existing permanently affordable rental cooperative at 4662 Ingram court. Case Number: CHL2020-00001 LICENSE APPLICATION PROCEDURE Section 10-11-4, B.R.C. 1981 Criteria Criteria Met Not Met  ___ (a) Only a Legitimate Cooperative may be an applicant for a cooperative housing license. A licensed cooperative may operate only with the written consent of the property owner, unless the cooperative is the owner. North Haven Community Ownership LLC provided written consent for the cooperative unit. (b) Every applicant for cooperative housing license shall submit the following: (1) A written application for a license to the city, on official city forms provided for that purpose including:  ___ (A) A housing inspector's certification of baseline inspection dated within twelve months before the application. Each licensee shall submit evidence of a renewal inspection every two years. The applicant shall make a copy of the inspection form available to city staff and residents of inspected units within fourteen days of a request; Baseline inspection received.  ___ (B) A report on the condition and location of all smoke and carbon monoxide alarms required by Chapter 10-2, "Property Maintenance Code," B.R.C. 1981, made and verified by the applicant. Each applicant shall submit a verification under this subsection every two years; Smoke and carbon monoxide alarms confirmed - baseline inspection.  ___ (C) A trash removal plan meeting the requirements of Subsection 6-3-3(b), B.R.C. 1981, made and verified by the applicant; The trash removal plan states that a contract with Western Disposal provides for the removal of accumulated trash, recyclables and compostables from the property on a weekly basis. The contract will provide for sufficient trash, recyclables and compostable materials hauling to accommodate the regular accumulation of trash, recyclables and compostables from the property.  ___ (D) A parking management plan meeting the requirements of Subsection 10-11-11, B.R.C. 1981, made and verified by the applicant; See below. ATTACHMENT C Agenda Item 5A Page 78 of 86 2 Criteria Criteria Met Not Met N/A ___ (F) A list of all persons who have any ownership interest in any entity to be licensed. The proposal is for a rental cooperative. None of the proposed residents will have a direct or indirect ownership interest in the property in which the cooperative operates.  ___ (g) A plan showing legal bedroom spaces sufficient to accommodate the number of residents requested in the license application. Based on the plans submitted there is sufficient bedroom spaces to accommodate the proposed 16 occupants. Bedroom # Location Area Allowable Occupants* 1 Basement - 1 262 s.f. 5 2 Basement - 2 196 s.f. 3 3 Basement - 3 180 s.f. 3 4 Basement - 4 173 s.f. 3 5 First Floor - 1 94 s.f. 1 6 First Floor - 2 121 s.f. 2 7 First Floor - 3 149 s.f. 2 8 First Floor - 4 133 s.f. 2 9 First Floor - 5 179 s.f. 3 10 Second Floor - 1 180 s.f. 3 11 Second Floor - 2 128 s.f. 2 12 Second Floor - 3 130 s.f. 2 Total 31 * Section 404.4.1 of the International Property Maintenance Code (IPMC) states that every bedroom occupied by one person shall contain at least 70 square feet (6.5 m2) of floor area, and every bedroom occupied by more than one person shall contain at least 50 square feet (4.6 m2) of floor area for each occupant thereof. ATTACHMENT C Agenda Item 5A Page 79 of 86 3 LEGITIMACY Section 10-11-14, B.R.C. 1981 Criteria Criteria Met Not Met  ___ (a) All applicants for cooperative housing licenses shall demonstrate as part of the licensing process that the community to be formed will be a legitimate cooperative. A legitimate cooperative is a group of individuals or an organization formed under Colorado law that, in addition to any other criteria adopted by the city manager, has the following: A letter was submitted from Goose Creek Community Land Trust (an Expert Cooperative Housing Organization), which certifies that Ingram Court Community Housing is a legitimate cooperation that meets the following requirements. The documents below were submitted as part of the application.  ___ (1) a documented governance structure;  ___ (2) a list of the number of adults and dependents;  ___ (3) a dedicated bank account; and  ___ (4) bylaws that provide for the following:  ___ (A) provisions prohibiting unlawful discrimination or harassment;  ___ (B) a provision requiring regular meetings of all members;  ___ (C) a decision-making structure;  ___ (D) provisions for discipline or discharge of members;  ___ (E) provisions for sharing of resources;  ___ (F) provisions for selection of new members; and  ___ (G) provisions for sharing information about the dedicated bank account. GENERAL COOPERATIVE HOUSING Section 10-11-3, B.R.C. 1981 Criteria Criteria Met Not Met (a) License terms shall be as follows:  ___ (1) Licenses shall expire four years from issuance or when ownership of the licensed property is transferred.  ___ (A) In addition to any other applicable requirements, new licenses and renewals shall require that the licensee submit to the city manager a completed current baseline (for a new license) or renewal inspection report, on forms provided by the City. The report shall satisfy the following requirements: Baseline inspection report received. ATTACHMENT C Agenda Item 5A Page 80 of 86 4 Criteria Criteria Met Not Met  ___ (i) The section of the report concerning fuel burning appliances must be executed by a qualified heating maintenance person certifying compliance with those portions of Chapter 10-2, "Property Maintenance Code," B.R.C. 1981, for which the report form requires inspection and certification. Covered in baseline inspection.  ___ (ii) The section of the report concerning smoke and carbon monoxide alarms must be executed by the operator certifying that the operator inspected the smoke and carbon monoxide alarms in the licensed property and that they complied with the requirements of Chapter 10-2, "Property Maintenance Code," B.R.C. 1981. Covered in baseline inspection.  ___ (iii) The section of the report concerning trash removal must be executed by the operator certifying that the operator has a current valid contract with a commercial trash hauler for removal of accumulated trash from the licensed property in accordance with Subsection 6-3-3(b), B.R.C. 1981. Western Disposal - confirmed in rental application.  ___ (c) The city manager shall issue no more than ten new cooperative housing licenses in any calendar year. Provided, however, if in any calendar year, after the city manager issued ten licenses, there are fewer than two licenses issued to not-for-profit permanently affordable cooperatives, private equity cooperatives or rental cooperatives, the city manager may issue sufficient additional license so that there are at least two licensees issued in each category up to a total of no more than fourteen licenses for all categories in any calendar year. If an application for a cooperative housing unit exceeds the limits set forth in this subparagraph (c), the city manager will place the applicant on a waiting list. Applicants on the waiting list shall be given priority for consideration of applications in the next calendar year. As of 2/10/2020 no cooperative housing units have been permitted in 2020. The proposal is for increased occupancy for an existing co-op.  ___ (d) The boundary of a property on which a cooperative housing unit is located shall not be within five hundred feet from the boundary of the property on which another cooperative housing unit is located, but the city manager may permit two cooperative housing units to be located closer than five hundred feet apart if they are separated by a physical barrier, including, without limitation, an arterial, a collector, a commercial district or a topographic feature that avoids the need for dispersal. The planning department shall maintain a map showing the locations of all cooperative housing units in the city. The proposed co-op will be no closer than 500 feet to another cooperative, either licensed or legal non-conforming. ATTACHMENT C Agenda Item 5A Page 81 of 86 5 Criteria Criteria Met Not Met  ___ (e) Any Not-for-Profit Permanently Affordable Cooperative shall be permanently affordable. Affordability shall be measured by individual households. That is, a household consisting either of an individual or a family. Rents charged must be affordable to households earning no more than sixty percent of the area median income. The proposal is for a not-for-profit permanently affordable cooperative and affordability has been secured through a covenant on the property. Affordability is measured by individual households (either of an individual or a family). Rents charged must be affordable to households earning no more than sixty percent of the area median income. The covenant on the property ensures that at least five bedrooms will be affordable to households with incomes no more than 40% of AMI and at least five bedrooms will be affordable at 50% of AMI.  ___ (f) A cooperative license may be issued to any group of natural persons or organization formed under Colorado law. If the applicant is an organization, all owners must be natural persons. The applicant has provided proof that Ingram Court Community Housing is a nonprofit corporation under the Colorado law. Per the written statement, there are no members or owners of the nonprofit corporation.  ___ (g) No rental cooperative shall be located in a dwelling unit with less than two thousand square feet of habitable space nor in any dwelling unit that within five years prior to the application was modified to have two thousand square feet or more of habitable space. The dwelling unit has 4,536 square feet of habitable space, including all living space, including bedrooms, kitchens, and bathrooms, and excluding garages or covered porches. The existing home was built ca. 1961. Per city records, no building permit has been issued in the last five years to add habitable space. A building permit was issued in Oct. of 2017 for an interior remodel and repairs, which does not include the addition of habitable area. The scope of the permit included addition of new partition walls on main and upper levels to create three additional bedrooms, installation of two new sinks (one kitchen sink, one bath sink), bringing two existing windows in basement bedrooms into egress compliance, electrical repairs, new whole house fan, roof reinforcement for existing main level addition, etc. (PMT2017-03578). It appears that the common areas will meet the minimum requirements for living and dining rooms in Section 404.5 of the International Property Maintenance Code (IPMC).  ___ (h) No cooperative shall be located in an agricultural, industrial or public zone. Cooperatives shall be permitted in all other zone districts. The property is located in the Residential - Low 1 (RL-1) zone district. ATTACHMENT C Agenda Item 5A Page 82 of 86 6 Criteria Criteria Met Not Met  ___ (i) No person under twenty-one years of age may own an interest in a cooperative, in real property on which a cooperative is located or in an organization owning real property on which a cooperative is located. The proposal is for a rental cooperative and none of the proposed residents will have a direct or indirect ownership interest in the property in which the cooperative operates. The property is owned by North Haven Community Ownership LLC, which is a nonprofit corporation. This LLC organization is owned by Boulder Housing Coalition, a Colorado nonprofit corporation (99.99%) and BHP Ventures, LLC, a Colorado limited liability company, which is wholly owned by the Housing Authority of the City of Boulder, Colorado d/b/a Boulder Housing Partners, a Colorado housing authority (0.01%). The partnership with Boulder Housing Partners allows the organization to achieve a property tax exemption (Tax Exempt Partnership). The written statement states that all members of the corporation are natural persons and that no one under the age of 21 owns or holds interest in the ownership of the property.  ___ (j) Any cooperative in which any person resides in return for valuable compensation shall be subject to the rental licensing provisions included in Section 10-3-2, "Rental License Required Before Occupancy and License Exemptions," B.R.C. 1981. The exceptions to the rental licensing requirements that are set forth in section 10-3-2(b) shall not apply to any dwelling unit licensed pursuant to this Chapter. Rental License application received, approved for issuance.  ___ (k) No dwelling unit licensed pursuant to this Chapter shall be licensed as or used as a short- term rental. Standard Long-Term Rental application received. OCCUPANCY Section 9-8-5, B.R.C. 1981 Criteria Criteria Met Not Met  ___ (d) A dwelling unit licensed as a Cooperative Housing Unit pursuant to Section 10-11-3 "Cooperative Housing Licenses," B.R.C. 1981, shall not be subject to the occupancy limits or any exceptions as set forth in this section. All such dwelling units shall be limited to no fewer than four occupants with the maximum number of occupants, without regard to whether the occupants are related or not, as follows: The proposal is for 16 occupants. See below.  ___ (1) In the Rural Residential, Residential Estate and Residential Low Density zone districts to no more than twelve occupants, provided, however that occupancy shall not exceed more than one person per two hundred square feet of habitable space; The property is located in the Residential - Low 1 (RL-1) zone district. The dwelling unit has 4,536 square feet of habitable space, which amounts to 283.5 square feet of habitable space per person if the occupancy is 16 persons. ATTACHMENT C Agenda Item 5A Page 83 of 86 7 Criteria Criteria Met Not Met N/A ___ (2) In all other zone districts to no more than fifteen occupants provided, however that occupancy shall not exceed more than one person per two hundred square feet of habitable space; TBD ___ (3) The city manager may authorize a greater number of occupants in any Cooperative Housing Unit that is deed restricted as permanently affordable if the planning board after a public hearing recommends a greater number. Before making any such recommendation, the planning board shall consider the potential impacts on the surrounding community, the number of residents proposed, the proposed habitable square feet per person, the available off-street parking, and the mission of the cooperative. The property is deed restricted as permanently affordable. Staff will make a determination on the number of occupants following a public hearing before Planning Board. The hearing has been scheduled for Feb. 27th. PARKING MANAGEMENT PLAN Section 10-11-11, B.R.C. 1981 Criteria Criteria Met Not Met Each applicant for a cooperative housing license shall prepare a parking management plan. Approval of any such plan shall be a condition of issuance of any cooperative housing license.  ___ The plan shall limit the number of automobiles to be parked in the public right-of-way to three. The parking plan limits the number of automobiles parked in the public right-of-way to three. One off-street parking space will be located in the attached garage and one space will be located in the driveway. Members are screened for car ownership through the application process. All occupants will receive a membership to eGo CarShare and Community Cycles to support the mobility of residents without vehicles. The limit on vehicles is strictly enforced by the cooperative through lease agreements, management agreement, and membership selection process. N/A ___ If the cooperative housing unit is located in a Neighborhood EcoPass district, the plan shall include a requirement that each resident who licensed to drive, acquire an EcoPass. Not applicable; the property is not located within a Neighborhood EcoPass district. ATTACHMENT C Agenda Item 5A Page 84 of 86 ADMINISTRATIVE REVIEW NOTICE OF DISPOSITION You are hereby advised that the following action was taken by the Planning Department: DECISION: Conditional Approval DATE: REQUEST TYPE: Cooperative Housing License ADDRESS: 4662 Ingram Court APPLICANT: Ingram Court Community Housing CASE NUMBER: CHL2019-00004 LEGAL DESCRIPTION: Lot 4, Block 1, William Martin Homestead Addition Replat of Block “B” and the Northeasterly part of Block “C”, County of Boulder, Colorado DESCRIPTION: COOPERATIVE HOUSING LICENSE for a not-for-profit permanently affordable cooperative ("Ingram Court Community Housing") with a maximum of 12 occupants. FINAL DECISION STANDARDS The above cooperative housing unit application is conditionally approved. This decision was arrived at based on the purposes and intent of Chapter 10-11, “Cooperative Housing,” B.R.C. 1981. This approval is subject to the following conditions: 1. Provide to the city manager, within thirty days after initial occupancy, a certification that the applicant has provided to a resident of each dwelling on the block face contact information for the applicant and the organization responsible for certifying the applicant. No notice shall be required to any dwelling unit more than six hundred feet from the licensed cooperative. 2. Comply with all provisions of the Boulder Revised Code 1981 regarding cooperative housing units and with any and all regulations of the City promulgated thereto. 3. Maintain a current rental license for the cooperative housing unit, issued by the City of Boulder Rental Housing Inspection and Licensing Program (chapter 10-3, B.R.C. 1981). 4. Licensee shall submit to the city the following information every two years: (1) evidence of a renewal baseline inspection, (2) verification of the report provided on the condition and location of all smoke and carbon monoxide alarms, (3) evidence of compliance with Section 10-11-14, B.R.C. 1981, including documentation verifying the governance structure, dedicated bank account, and bylaws of the cooperative. 5. Any licensee shall provide the city manager with a report of any changes in the information required by Subsection 10-11-4(b)(1), B.R.C. 1981 within thirty days of such change, including but not limited to housing inspector's certification of baseline inspection, report on the condition and location of all smoke and carbon monoxide alarms, trash removal plan, parking management plan, and list of all persons who have any ownership interest in any entity to be licensed. 6. The occupancy of the cooperative housing unit shall be no fewer than four (4) persons and no more than sixteen (16) persons. 7. The cooperative housing unit must comply with all the requirements of Chapter 10-2, "Property Maintenance Code," B.R.C. 1981. ATTACHMENT D Agenda Item 5A Page 85 of 86 Notice of Disposition CHL2019-00004 2 8. No person who holds a cooperative housing license shall fail to make the license available to anyone within seventy-two hours of receiving a request. 9. Each cooperative shall at all times maintain compatibility with the neighborhood in which the cooperative is located. The licensee shall take all reasonable steps to reduce excessive parking on the public right of way and noise, trash and weeds on the property. A cooperative may be considered incompatible with the neighborhood if the city manager receives multiple complaints relating to parking on the public right of way, noise, trash or weeds in any twelve-month period. Complaints from a single person shall not be sufficient to cause a property to be incompatible with the neighborhood. Prior to making any determination that a cooperative is not compatible with the neighborhood, the city manager shall provide written notice to the licensee and encourage the licensee to address the complaints with the residents of the neighborhood. 10. Provide and maintain one off-street parking space within in the attached garage and one off-street parking space in the driveway leading to the garage, each 9 feet by 19 feet, as shown on the approved plan set dated ______________. The Applicant shall be responsible for ensuring compliance with the approved Parking Management Plan dated _________. 11. Any licensed not-for-profit permanently affordable cooperative or private equity cooperative is considered a use of land for the purposes of Chapter 9-6, "Use Standards," B.R.C. 1981. If the city changes its land use regulations, such cooperatives may continue as non-conforming uses under the requirements in Section 9- 10-3, "Changes to Nonstandard Buildings, Structures, and Lots and Nonconforming Uses," B.R.C. 1981, provided that all of the requirement of the Boulder Revised code continue to be met. 12. Any licensed rental cooperative is considered a dwelling unit for purposes of Chapter 9-6, "Use Standards," B.R.C. 1981 and not a use of land. Upon the abandonment, expiration, or revocation of such license, the property will continue to be considered a dwelling unit. 13. Licenses shall expire four years from issuance or when ownership of the licensed property is transferred. Whenever an existing license is renewed, the renewal license shall be effective from the date of expiration of the last license if the applicant submits a complete renewal application by or within ninety days from the expiration date. Licenses not renewed within ninety days will be considered expired, requiring a new baseline inspection report. 14. No dwelling unit licensed as a cooperative housing unit shall be licensed or used as a short-term rental. Approved By: Sloane Walbert, Planning Department ATTACHMENT D Agenda Item 5A Page 86 of 86