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