Planning Commission Agenda and Packet 2022 11 10

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Min Side Yard Oft Oft 5ft 5ft and Accessory Uses Setback Oft or 10ft if 50.5ft 4ft 6ft Min Rear Yard abutting a Setback residential zone Max Building 40ft 40ft-5in 40ft 42ft-1 1/4in Height (Principle) Max Building 28ft None proposed 28ft None proposed Height (Accessory) Inclusionary Housing The applicant is pursuing the fee in lieu option to satisfy requirements in the Inclusionary Housing chapter of the Municipal Code. The fee amount is calculated through Section 17.76.040.B and will be paid for each market -rate unit as a prerequisite to receive each unit's building permit. City Council approval is required in order to pursue the fee in lieu option and requires the following to be met by Councilmembers: • Developments seeking to use options other than on -site location of affordable housing must seek approval of their proposed use of such options from the city council. The city council's decision on such proposals is discretionary and legislative. The city council will consider whether the proposal will result in more affordable housing, providing more of a benefit to the city, than would the provision of the affordable units on -site under subsection A of this section, whether practical difficulties prevent the inclusion of the affordable units on -site under subsection A of this section, whether the proposal would better benefit the inhabitants of the city than requiring the provision of affordable housing on -site, or any other factors that may be relevant to these considerations. Staff recommends approval of the fee in lieu option for this development. The North End Block 11 PUD was entitled, planned, and financed for years as market rate housing since its initial approval in 2017, which creates a practical difficulty in financing. The City can leverage the fees though other funding sources and partnerships to achieve more affordable units in an off site development compared to constructing affordable units on site. Comprehensive Plan The subject property is located in an "urban corridor" in the Comprehensive Plan. The South Boulder and Highway 42 Corridors Framework Plan section describes urban corridors as including a "mix of uses including residential, commercial, retail, and park land". The site includes a mix of residential, commercial, and retail uses. The density range remains consistent with the Comprehensive Plan, which calls for an FAR of less than 0.25 and less than 25 units per acre. North End Block 11 — GDP Amendment, PUD Amendment, and Final Plat Page 19 of 30 PC — November 10, 2022