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Item 5D - Ord 8512 3320 28th Land Use Code Presentation3320 28th Street 2nd Reading of Ordinance 8512 City Council October 19, 2021 Ordinance that amends a specific standard of the code for a portion of Diagonal Plaza Public Hearing in Consideration of Ordinance 8215 1.Staff’s Presentation •Recap of the Process •Recap of the Planning and Built Context •Summary of the Concept Plan •Intent and Need for Ordinance 8512 •Policy direction that supports Ordinance 8512 2.Questions of staff 3.Public Comment 4.City Council deliberation of Ordinance 8512 Process to Date •Concept Plan Review by Planning Board May 20, 2021 •Applicant responds to Staff and Planning Board with revisions to Concept Plan •Concept Plan Review by City Council July 13, 2021 with revised Concept Plan •Applicant requests ordinance in response to City Council input •First Reading of Ordinance approved on consent by City Council on Oct. 5, 2021 •Planning Board unanimously recommended City Council approve Ordinance Oct. 7, 2021 and recommended council consider an Area Plan for the rest of Diagonal Plaza as part of 2022 Work Plan •Second Reading of Ordinance before City Council Oct. 19, 2021 •Planning Board and/or City Council to consider Site & Use Review application 1st quarter 2022 Site and Alt Mode Facilities TAP RECOMMENDATION: Incremental Approach. The city sets the stage for redevelopment through tougher code enforcement (to improve the physical appearance of Diagonal Plaza) and by building partnerships with on-site property owners and adjacent players such as Boulder Housing Partners. This may not require cash or financing but does need the time and attention of council and staff. Previous Council Efforts: ULI-TAP Concept Plan Ground Floor Upper Stories The Need for Ordinance 8215 •City supports revitalization and redevelopment of the site •Site is viewed as a unique, catalyst opportunity site •There is a need for housing within Boulder •Applicant has established a partnership with Boulder Housing Partners •The existing zoning creates limitations for providing residential on the site •Ordinance would permit modification to a single standard of Title 9, Land Use Code •There is policy support to remove barriers for mixed use and affordable housing Intent of Ordinance 8215 Specific Applicability to the Proposed Project Only •Ordinance is not a comprehensive rezoning •Ordinance is specific to the proposed redevelopment of the site •Site Review plans must conform to stipulations or the ordinance would expire Modification of the Open Space Standards •Ordinance would allow modification of the open space standards of the BC-1 zoning for the site only •Ordinance would permit a minimum of 15 percent open space for the site only •Applicant will be required to demonstrate consistency with the Site Review Criteria related to open space •Open space and development intent is illustrated in the Concept Plan Permanently Affordable Housing •Ensures IH requirements will be met through a covenant prior to building permit •Affordable housing requirement will be based on 25 percent of the entire development •Affordable units will be provided within the project •Any cash-in-lieu would be based on all units to be constructed and would support construction affordable units. •Affordable units supported by developer in same way whether provided on-site or through land dedication Specific Applicability to the Proposed Project Only •Ordinance is not a comprehensive rezoning •Ordinance is specific to the proposed redevelopment of the site •Site Review plans must conform to stipulations or the ordinance would expire Modification of the Open Space Standards •Allows for modification of the open space standards of the BC-1 zoning for the site only •Permits a minimum of 15 percent open space for the site only •Applicant required to demonstrate project consistency with the Site Review Criteria related to open space •Open space and development intent is illustrated in the Concept Plan Addresses City’s Core Values for Redevelopment The project is a Diagonal Plaza redevelopment specifically intended as mixed use and residential in partnership with Boulder Housing Partners, and the ordinance to support the project would fulfill BVCP core values and policies. Addresses BVCP Policy 2.03 Policy 1.10 Jobs Housing Balance: “Boulder is a major employment center, with more jobs than housing for people who work here. This has resulted in both positive and negative impacts including economic prosperity, significant in-commuting, and high demand on existing housing. The city will continue to be a major employment center and will seek opportunities to improve the balance of jobs and housing while maintaining a healthy economy. This will be accomplished by encouraging new housing and mixed-use neighborhoods in areas close to where people work, encouraging transit-oriented development in appropriate locations, preserving service commercial uses, converting industrial uses to residential uses in appropriate locations, improving regional transportation alternatives and mitigating the impacts of traffic congestion.” Addresses Policy 1.10 Jobs Housing Balance 7.11 Balancing Housing Supply with Employment Base The Boulder Valley housing supply should reflect, to the extent possible, employer workforce housing needs, locations and salary ranges. Key considerations include housing type, mix and affordability. The city will explore policies and programs to increase housing for Boulder workers and their families by fostering mixed-use and multi-family development in proximity to transit, employment or services and by considering the conversion of commercial-and industrial-zoned or -designated land to allow future residential use. Addresses Policy 7.11 Site Addresses Policy 2.16 Addresses Policy 5.01 Recommended Motion Motion to approve Ordinance 8512 granting authority to the approving authority under Title 9, “Land Use Code,” B.R.C. 1981, to approve a development that exceeds the minimum open space per dwelling unit standards for a property in the Business Community 1 district (BC-1) located at 3320 28th Street, at Diagonal Plaza, authorizing the city manager to execute documents that will secure affordable housing within the project, and setting forth related details. Questions for Staff