[BoulderCouncilHotline] Re: Agenda Item 5D - Opportunity Zones - 12-18-2018 Council Meeting

[Gehr, David]

Dear Council members,

Council member Sam Weaver asked staff to further clarify how the proposed moratorium will address residential development. The executive summary failed to mention the express exemption from the proposed moratorium for residential project that propose to complete all of its inclusionary housing requirements on-site.   Staff redrafted the executive summary in an attempt to clarify how the moratorium will address residential.

Under the proposed moratorium, as presently drafted, the construction of additional dwelling units can go forward in the following circumstances:


*         Residential project that propose to complete all of its inclusionary housing requirements on-site;

*         Housing associated with a prior discretionary review approval; or

*         Housing associated with a site review application or building permit that was applied for prior to December 18.

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Below, as amended, is from packet page 174 to 175

Council members and members of the community have expressed concerns that the recent opportunity zone certification will accelerate investment in the area and spur additional development. In response, staff drafted interim development regulations that restrict development in the opportunity zone while the community considers whether its development regulations will deliver development that meets community expectations.

If passed as proposed, the Ordinance will add the following regulations to the opportunity zone.

*         The city manager will not accept any building permit, site review or use review applications that will result in additional floor area for the office, medical, or financial uses that are described in Table 6-1 "Use Table," in Section 9-6-1, "Schedule of Permitted Uses of Land, B.R.C. 1981, or the creation of any new dwelling units unless the development constructs all of its required affordable housing on-site in the opportunity zone or the creation of any new dwelling units in the opportunity zone. The nonresidential uses selected have been identified as land uses that contribute to Boulder's job-housing imbalance.

*         The Ordinance allows development to be completed for previously approved building permits and development review approvals.It also allows projects for which completed applications have been made to finish the process and construct based on laws in effect at the time of application.

*         The Ordinance exempts development within the Phase 1 are of the Transit Village Area Plan, an area generally bounded on the west by 30thStreet, on the south by Pearl Parkway, on the east by the Burlington Northern Railroad Tracks and on the north by Valmont Avenue. The reason for this exemption is that this area is one of the most highly planned areas in the community and this phase of TVAP is almost completed.

*         The Ordinance also exempts Diagonal Plaza. Diagonal Plaza is a neighborhood center that has been identified in previous planning efforts as an area that needs revitalization. The BVCP provides that the city will use a variety of tools and strategies in area planning and in the creation of public/private partnerships that lead to successful redevelopment and minimize displacement and loss ofservice and retail uses. In large part, the application for the opportunity zone status was to provide additional tools that may be used help revitalize this property.

The moratorium is proposed for 18 months, until June 22, 2020 to allow time for the necessary changes to development regulations and planning to occur in the area.
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Please feel free to contact Chris Meschuk, Yvette Bowden, or me if you have any additional questions about the materials.

Best,
David

David Gehr
Deputy City Attorney
[City%20Attorney]
(303)441-3020
gehrd at bouldercolorado.gov<mailto:gehrd at bouldercolorado.gov>

Boulder City Attorney's Office
P.O. Box 791
1777 Broadway
Boulder CO 80306
Bouldercolorado.gov<http://www.bouldercolorado.gov/>





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