City of Boulder

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City of Boulder

CODE SIMPLIFICATION STUDY SESSION JULY 12
The land use code simplification project is moving into the adoption process beginning on July 12 with a 6pm City Council study session to review proposed changes and consider public input gathered over the past several months. Changes suggested by staff are designed to:
· Improve organization and clarity of the code so requirements can be more quickly and consistently identified and understood.
· Improve integration of code requirements so they work together and allow simplification of requirements where possible.
· Improve the review processes specified in the code to ensure that projects can be reviewed more efficiently.
· Update and streamline the zone districts by eliminating existing zones where possible, creating new zones where necessary, and updating the uses allowed in each zone.
· Modernize the development standards (lot size requirements, building setbacks, parking and others) so the code more effectively implements current community objectives.
· Create solutions to the problem of old Planned Unit Developments that have unclear standards or don’t adequately allow for change on individual lots.
· Reduce the large number of existing non-conforming uses and non-standard buildings and lots through regulatory changes that match zoning requirements to the existing and desired character of an area.
Study session packet material will be available on July 7 with specific staff recommendations expected to include provisions that will make it easier to get home additions approved in PUDs, make pre 1971 houses and lots in the LR-E and ER-E zones conforming, address conflicting residential parking requirements and eliminate the building permit allocation system used to control the rate of growth in Boulder since 1976. For property sellers, buyers and real estate professionals, one major benefit of the code changes will be more timely and accurate responses to inquiries regarding a property during a transaction.

BVCP UPDATE HEARING SIGNALS START OF FORMAL ADOPTION PROCESS
The 2005 major update to the Boulder Valley Comprehensive Plan (BVCP) moves to the formal adoption process this month with a public hearing before the Planning Board scheduled for 6pm on July 21. Packets for review were finalized and made available to the public on June 30 at www.bouldervalleycompplan.net. The Boulder business community aggressively promoted a package of recommendations designed to strengthen and support the city’s economic health, but have seen only limited success in getting suggestions included in the update. Decision makers have embraced suggestions to address Boulder’s regional economic competitive position, retain and protect the city’s position as a regional job center, and increase housing/density rather than limit job growth as a way to improve the jobs to housing balance. Several unresolved recommendations are being reviewed that include the creation of policies to strengthen the tourism element of the economy section of the BVCP, policies to support adding auto capacity in the city’s road system, and policies to support increased housing density along multi-modal corridors. Planning Board and City Council rejected recommendations to regionalize the city’s affordable housing programs, require timely code changes that reflect adopted BVCP policy changes, include economic stimulus/incentives in the BVCP, create incentives to redevelop outdated or underutilized property, extend the threshold for historic review of demolition permit application for properties 75 years old from the current 50 year standard, and to review the city’s design guidelines annually. Vocal citizen activists are expected to heat up the debate over increased density as the adoption process moves forward. There is still a group of citizens here that insist on continuing the growth controls designed in the 1970s that object to increased population, jobs and just about any potential inconvenience, real or imagined.

FORCED SALE OF WATER RIGHTS ANGERS SHAREHOLDERS
For the past several years, owners of Silver Lake Ditch water shares have been forced to sell their water rights to the City of Boulder water utility for $25 per share as a condition of building permit approval when they remodel, expand or scrape and rebuild their homes. The practice has many ditch company shareholders, rightfully, up in arms. Although it is common for water rights to be given to the city when property annexes to the city, it is very uncommon to require giving up water shares as a condition of building permit approval. Silver Lake Ditch shareholders are concerned that the ditch will not be maintained by the city if it takes ownership. Homeowners use the ditch water to irrigate their lawns rather than paying for treated city water for that purpose. City officials say they own the water based on a 1906 purchase and a contract to provide the water to the ditch company. Under a 1965 contract shareholder rights can be terminated only by: a statement of intent to abandon the rights; failure to pay assessment fees to the ditch company; failure to use the water in seven consecutive years; or, the rights are gifted to the city or other assignment by the property owner. City officials have put a moratorium on requiring the sales of shareholders water rights as a condition of building permit approval while it studies the issue and works with shareholders to address their concerns.