Planning Commission Agenda and Packet 2022 06 23

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Planning Commission Meeting Minutes June 09, 2022 Page 2 of 14 Applicant: City of Louisville Case Planner: Lisa Ritchie, Fire Recovery and Planning Manager All notice was met as required and there is no commissioner conflict of interest. Staff Presentation: Ritchie begins by discussing the background on this ordinance. She then reviews the House Bill 21-1117, the Colorado General Assembly. It clarifies that cities have the authority to regulate development or redevelopment in order to promote the construction of new affordable housing units. If affordable housing is required, certain actions must be taken to increase the overall number and density of housing units within the City or create incentives. On August 25, 2021, staff had a discussion and talked about direction with City Council. Staff brought a discussion for incentive options that could increase the amount of affordable housing within the City. City Council directed development of a housing study and discussion through the Comprehensive Plan process on possible incentives and areas within the City that could support additional affordable housing. The City received a DOLA grant of $60,000 for a housing study, but the housing study and comp plan was postponed due to Marshall Fire. She then reviews what the draft ordinance would entail. It includes the following: • It would be included on the 2022 City Council work plan. • It requires 30% inclusionary housing when a property is rezoned from a non- residential zone district to one that allows residential uses. • As drafted, it would not apply to residential units developed in a zone district that allows housing through an SRU. • It increases the fee -in -lieu to $23.11 per sq ft for for -sale units and $10.67 for for -rent units (12% fee -in -lieu is $9.24 and $4.72 per sq ft). She mentions that approvals of this ordinance does not change the existing Comprehensive Plan and Small Area Plan policies for rezoning of a property to allow residential development. She also states that this ordinance should be evaluated for compliance with state law. She concludes her presentation by noting that there is a lack of policy alignment for rezoning of property to allow residential development, and there are financial feasibility barriers to the effectiveness of this ordinance. City Council has included the consideration of an ordinance on the 2022 Work Plan. Planning Commission's recommendation is required prior to the City Council consideration. Commissioner Questions of Staff. - Moline asks where the 30% comes from. Ritchie says City Council established that percentage but staff is unsure of the reasoning behind that number. Moline asks if staff can go into more depth on the state law and the increase in density. Ritchie says that the first part is that cities have the authority to adopt and enforce these kinds of ordinances. If the city is going to require affordable housing though, the