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LCity,/ <br />Louisville <br />COLORADO • SINCE 1878 <br />SUBJECT: <br />DATE: <br />PRESENTED BY: <br />CITY COUNCIL COMMUNICATION <br />AGENDA ITEM 8A <br />ORDINANCE NO. 1882, SERIES 2024, AN ORDINANCE <br />AMENDING LOUISVILLE MUNICIPAL CODE CHAPTERS 2.20 <br />AND 4.02, CONCERNING THE QUASI-JUDICIAL ROLES OF THE <br />OPEN SPACE ADVISORY BOARD AND THE PARKS AND <br />PUBLIC LANDSCAPING ADVISORY BOARD — 1ST READING AND <br />SET PUBLIC HEARING FOR SEPTEMBER 17, 2024 <br />SEPTEMBER 3, 2024 <br />ROB ZUCCARO, AICP, COMMUNITY DEVELOPMENT <br />DIRECTOR <br />SUMMARY: <br />The attached ordinance creates a formal process for the Parks and Public Landscaping <br />Advisory Board (PPLAB) and revises the process for the Open Space Advisory Board <br />(OSAB) to review development applications as part of the quasi-judicial land use review <br />process. The ordinance clarifies the types of applications to be reviewed, the scope of <br />review by each board, and criteria for review. <br />BACKGROUND: <br />Louisville Municipal Code (LMC) Sec. 4.02.040.D. outlines a formal development review <br />role for OSAB, in which they are asked to review any land use case that is adjacent to <br />or materially impacting open space. This review is done during the staff review and <br />referral process, and the code does not make clear if OSAB is to make a formal <br />recommendation to Planning Commission and City Council or if they are only informing <br />the staff review during the referral process. The code also does not make clear the <br />scope of review or the criteria OSAB is reviewing the proposal against. <br />PPLAB has no formal role in the development review process spelled out in the LMC. <br />However, due to OSAB's formal role, PPLAB has been included in development review <br />of some land use applications, following the process set for OSAB. <br />These review processes for OSAB and PPLAB have changed over time, including the <br />formality of the review and deliverable from each Board, due to the ambiguity in the <br />code or lack of code to guide the process. <br />ANALYSIS: <br />The review processes and criteria included in the proposed ordinance will clarify the role <br />of each board in land use application review. The ordinance specifies the types of land <br />use applications each board will review and the elements of those applications that they <br />will review matching their defined scope and purpose as an advisory board to City <br />Council. Because each board is acting in a quasi-judicial capacity when making a <br />recommendation on a site -specific land use case, the ordinance ensures due process <br />requirements are met and relevant and applicable criteria are considered. The <br />CITY COUNCIL COMMUNICATION <br />14 <br />