Attachment A - Annotated Ordinance 8781

Attachment A: Annotated Ordinance 8781

NOTE: This version of the draft ordinance includes footnotes that help to describe all of the proposed changes as well as the redlined tracked changes to existing code language. 9-2-7. Development Review Action. … (b)

Planning Board Review and Recommendation: Development review applications requiring a decision by the planning board shall be reviewed as follows: (1)

Referral: The city manager shall refer to the planning board any application for a development review which requires a board decision as required by Sections 9-2-14, "Site Review," 9-2-15, "Use Review," and 9-2-16, "Form-Based Code Review," B.R.C. 1981, and any other application which the manager deems appropriate. Applications for affordable housing expedited review projects shall not be referred to the planning board.1

(3)

Appeal and Call-Ups:

…

(A) (B)

The applicant or any two interested persons may appeal the city manager's decision pursuant to Section 9-4-4, "Appeals, Call-Ups and Public Hearings," B.R.C. 1981. Two members of the planning board may call-up an application for review pursuant to Section 9-4-4, "Appeals, Call-Ups and Public Hearings," B.R.C. 1981, except that minor use review processes and affordable housing expedited review processes are not subject to call-up by planning board.2

… 9-2-13. Concept Plan Review and Comment. … (b)

Projects Required to Complete Concept Review and Comment: Any applicant for a development that exceeds the "Site Review Required" thresholds set forth in Paragraph 9-2-14(b)(1), B.R.C. 1981, shall complete the concept review process prior to submitting an application for site review. Projects that do not require site review pursuant to Paragraph 9-2-14(b)(3), "Exceptions," B.R.C. 1981, are not required to complete a concept plan review. Affordable housing expedited review projects are not required to complete the concept review process.3

… (g)

Review and Recommendation: The city manager will review and decide an application for a site review in accordance with the provisions of Section 9-2-6, "Development Review Application," B.R.C. 1981., For applications involving one of the following, except for an application involving the following, which the city manager will refer the application with a recommendation to the planning board for its action:4

Process change to ensure feasibility of 90-day review timeline Process change to ensure feasibility of 90-day review timeline. 3 Exemption from concept plan as projects in the affordable housing expedited review do not require Planning Board decision. Applicants could still request concept plan review, if desired. 4 Process change to ensure feasibility of 90-day review timeline. Staff would make the decision for applications with these characteristics using the same Site Review criteria. 1 2

(1)

A reduction of the open space or lot area requirements allowed by Subparagraph (h)(6) of this section.

(2)

An application for any principal or accessory building above the permitted height for principal buildings set forth in Section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981.

(3)

Exception: Applications for affordable housing expedited review projects shall not be referred to the Planning Board.5

… (i)

Planning Board Call-Up: The planning board may call-up any final site review decision by the city manager pursuant to Section 9-4-4, "Appeals, Call-Ups and Public Hearings," B.R.C. 1981, unless the application is in the affordable housing expedited review process.

… 9-2-15. Use Review. … (d)

Review and Recommendation: (1) (2) (3)

… (l)

The city manager will review applications for use review of oil and gas operations and will submit a recommendation to the planning board for its final action pursuant to Subsection 9-2-7(b), B.R.C. 1981. The city manager shall review and make decisions on all other use review applications pursuant to Subsection 9-2-7(a), B.R.C. 1981. Reviews by either the city manager or planning board shall be pursuant to Section 9-2-7, "Development Review Action," B.R.C. 1981, except that minor use review processes and affordable housing expedited review processes are not subject to call-up by planning board.

Appeals and Call-Ups: (1)

The applicant or any two interested persons may appeal the city manager's decision pursuant to Section 9-4-4, "Appeals, Call-Ups and Public Hearings," B.R.C. 1981.

(2)

Two members of the planning board may call-up the manager's decision pursuant to Section 9-4-4, "Appeals, Call-Ups and Public Hearings," B.R.C. 1981, except that decisions in minor use review processes and affordable housing expedited review processes are not subject to call-up by the planning board.

…

9-2-16. Form-Based Code Review. … (f)

Review and Recommendation: (1)

5

The city manager shall review and make decisions on form-based code review applications pursuant to Section 9-2-7, "Development Review Action," B.R.C. 1981. The manager may

Process change to ensure feasibility of 90-day review timeline.

refer to the planning board for a decision by the board any application which the manager deems appropriate.

… (o)

(2)

Reviews by either the city manager or the planning board shall be pursuant to Section 9-2-7, "Development Review Action," B.R.C. 1981.

(3)

Applications for affordable housing expedited review projects may not be referred to or called up by the planning board.6

Appeals and Call-Ups: (1)

The applicant or any two interested persons may appeal the city manager's decision pursuant to Section 9-4-4, "Appeal, Call-Ups and Public Hearings," B.R.C. 1981.

(2)

Two members of the planning board may call up the manager's decision pursuant to Section 9-4-4, "Appeals, Call-Ups and Public Hearings," B.R.C. 1981, unless the application is in the affordable housing expedited review process.7

(3)

The city council may call up any planning board decision pursuant to Section 9-4-4, "Appeal, Call-Ups and Public Hearings," B.R.C. 1981.

…

9-2-22. Affordable Housing Expedited Review 8 (a)

Purpose: The purpose of this section is to support affordable housing development by expediting review timelines for qualifying affordable housing projects and to maintain eligibility for available Proposition 123 funding.

(b)

Scope: The expedited review is a procedural review option for certain applications for affordable housing development projects and is not a separate application type. Expedited review is available only for development projects with at least 50 percent of all residential units in the development qualifying as affordable housing as defined by Section 29-32-101, C.R.S., “Definitions,” as it may be amended. Under expedited review, the procedures for eligible application types are amended as described in this subsection. All other application requirements and criteria for approval remain applicable. In expedited review, a decision shall be made on an application within 90 days of submission of a complete application. The 90-day review period may be extended only pursuant to the standards outlined in subsection (f). (1)

Review Period: (A)

Start Date: Expedited review starts from the date the city manager determines the applicant submitted a complete application.

(B)

End Date: The date of the decision on the application. A decision may be subject to appeal if so indicated in a section of this code for the decision type. Appeals are not subject to expedited review.

Process change to ensure feasibility of 90-day review timeline. Process change to ensure feasibility of 90-day review timeline. 8 New process for affordable housing expedited review. 6 7

(2)

(c)

Eligibility: The following application types are eligible for expedited review: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)

(d)

Optional Participation: Participation in expedited review is optional. An applicant may opt out of or withdraw from expedited review in writing at any time. A request for vested rights per Section 9-2-20, “Creation of Vested Rights,” B.R.C. 1981, requires a public hearing, and an applicant must opt-out of the expedited review process to establish vested rights per Section 9-2-20, B.R.C. 1981.

Affordable housing design review Building permit Conditional use Expansion or substitution of a nonconforming use Final engineering plan or “technical document review” required for construction approval per Section 1.03 of the City of Boulder Design and Construction Standards Form-based code review Landmark alteration certificate Site review Use review Variance Amendment, minor modification, or administrative approval of any of the above applications.

Review Process: (1) Pre-Application: The applicant may not file an application with a request for expedited review unless a pre-application review has been completed. The applicant shall submit a request for an expedited review pre-application meeting and provide the materials required on the application form. Following the filing of the application for pre-application review, the applicant shall attend a pre-application meeting with the city manager. (2)

Application Requirements: In addition to other documents and information required, the applicant shall submit a sworn certification that at least 50 percent of all residential units in the development qualify as affordable housing as defined by Section 29-32-101, C.R.S., “Definitions,” as it may be amended.

(3)

Completeness Review: No expedited review application will be accepted unless and until the city manager determines it to be complete. Such determination will be made within ten business days after the submission of the application. The city manager will review the application and provide the applicant with a list of any deficiencies of the application, including any additional information that must be supplied. To be considered a complete application and start the review period, the application must include: (A) (B) (C) (D)

(4)

All documents required to be submitted for the application; All information required for a determination on the application under the applicable standards; All applicable fees; and Any required state or federal permits or approvals.

Review: The city manager shall review and make a decision on an expedited review application pursuant to procedures and standards applicable to the application type, except as modified by this section. (A) Exemption from Planning Board Call-Up: Notwithstanding any other requirements in this title, the city manager’s decision is not subject to call-up by or referral to the planning board.

(e)

Concurrent Reviews: Eligible applications may be submitted concurrently with another application eligible for expedited review, if practicable, as determined by the city manager.

(f)

Extensions: The 90-day review period is extended in one or more of the following circumstances: (1) (2) (3) (4)

(5)

Once for an additional 90 days at the request of the applicant; To comply with a state law or court order, with the length of the extension to be determined by the law or court order; For a review period required by another agency for any component of the application requiring that agency’s approval; If the city manager requests additional information or revisions to an application. The length of this extension is the amount of time from the request to the submission of the applicant’s response, plus 30 days. Applicants shall provide such additional information or responses promptly and shall, whenever practicable, provide a response within five business days; or Any other circumstance under which an extension may be authorized under C.R.S § 29-32105, as it may be amended.

9-4-2. Development Review Procedures. … TABLE 4-1: SUMMARY OF DECISION AUTHORITY BY PROCESS TYPE Standard or Application Type Staff/City BOZA Planning City Council Manager Board … Section 9-2-22: Affordable Housing Expedited Review 9 Affordable Housing Expedited D(14) — A CA Review Section 9-2-22 … KEY: D = Decision Authority CA = Call-Up and Appeal Authority (for City Council, call-up only) R = Recommendation only (A) = Appeal Authority only (n) = Maximum number of days for call-up or appeal 9-16-1. General Definitions. … Affordable housing expedited review means a procedural review option for certain applications for affordable housing development projects pursuant to Section 9-2-22, “Affordable Housing Expedited Review,” B.R.C. 1981. …

Identifies staff as the decision maker within a 14-day appeal period. Appeals are brought to the Planning Board, which makes a decision, and city council may call-up the Planning Board decision. Appeals are not subject to the 90 day timeline. 9