City of Boulder

City of Boulder

ANNEXATION BY VOTE INITIATIVE PETITION IS NOW IN CIRCULATION
Last month we reported that an annexation by vote initiative was in process calling for a public vote on virtually all annexations of 5 acres or larger to the City of Boulder. The petition has been certified and is now being circulated to gather the necessary 3700 signatures of registered electors. Petitioners have until the third week of June to secure the signatures. For your information the text of the petition appears below.
PETITION TO INITIATE AN ORDINANCE THE ANNEXATION BY VOTE INITIATIVE
An ordinance stating that:
Certain lands shall be annexed to the City of Boulder only if the annexation ordinance has been submitted to a vote of the registered electors of the city at a general state or municipal election, and approved by a majority of the electors voting thereon.

Prior to such an election, the annexation agreement including proposed zoning and all development terms must be approved by the City Council and accepted and executed by the annexee or annexees and made available to the public no fewer than sixty days prior to the election date.

If the annexation ordinance is approved by the electorate, the annexation agreement shall not be substantially changed without voter approval.

All annexations of land shall meet the above requirements, except the following parcels:

· Any land owned by the City of Boulder that is dedicated to a public use;
· Any enclave entirely contained within the City’s boundaries, subject to the provisions of Sec. 31-12-106(1.1), C.R.S.;
· Any parcel(s) of land (1) developed to urban densities, (2) with existing city water or waste water service, and (3) an existing agreement with the City to annex upon request, all prior to January 1, 2006;
· Any parcel of land, within Area II of the Boulder Valley Comprehensive Plan as of January 1, 2006, for which no significant increase in development is allowed;
· Any public right of way;
· Any parcel of land for which a valid annexation petition was submitted between January 1, 2000 and January 1, 2006; or
· Any parcel of land five (5) acres or less in size; provided that simultaneous annexations or serial annexations of two or more parcels within three (3) years that together comprise a parcel of more than five (5) acres shall not be exempt.

LAND USE CODE SIMPLIFICATION HEADED FOR SEPTEMBER ADOPTION
Boulder’s land use code, one of the most complex and cumbersome in the nation, may soon be easier to use and much less confusing. Still, a novice would be well advised to seek assistance in understanding city building requirements. A public open house is schedule on May 17 from 6 to 8 pm in the municipal building lobby. Planning Board and City Council will review the code this summer. Adoption is anticipated in August and the code will become effective in September, 30 days following Council adoption. The revised code proposes abandoning the current multilayered zoning system with an updated Established, Developing and Redeveloping (E/D/X) system of zones in a flexible modular zone system. Much of the text is being reorganized, eliminating redundancies, using more graphs and illustrations, and provides easier access to rules through improved reference guides. Examples of substantive changes that benefit property owners include eliminating greater setbacks on major streets, providing greater flexibility in height measurements for connected buildings, allowing non-conforming owner occupied duplexes to change to single family with accessory unit status and provides greater expansion options, and, provides increased options for minor building additions and open space reductions in site review/PUDs through a new, simplified minor amendment process. To view the draft code in a pdf format go to www.ci.boulder.co.us/buildingservices/codes/simplify/index.html.

COUNCIL FAVORS ENERGY USE FEE TO FUND GREEN HOUSE GAS REDUCTIONS
The Office of Environmental Affairs has presented a draft Climate Action Plan to meet the City Council’s greenhouse gas emissions reduction goal to be in line with the Kyoto Protocol target at an April 25 study session. The Plan identifies the following primary strategies: increase energy efficiency, increase renewable energy and fuel use, and reduce vehicle miles traveled. The goal of the Plan is to reduce GHG emissions 7% below 1990 levels. City staff has also been directed to identify a new, long-term revenue source to fund Plan implementation. The annual budget estimates start at $880,000 in 2007. Council members favored an energy use fee to fund the programs over other options. Under the current plan the average homeowner will pay an additional $12 annually and business users would face a $53 annual fee. A large portion of the estimated budget is proposed for commercial and residential programs and services to increase awareness and implementation of energy efficiency opportunities and available utility rebates and tax incentives that shorten project payback periods. The city has worked with some property owners during the last two years and anticipates expanding the program in 2007. On May 2, City Manager Frank Bruno was authorized to request that Xcel Energy collect the new fees and pass them on to the City. City Council will begin the formal adoption process for the proposed programs and funding on May 16.

COUNCIL DELAYS ACTION ON HISTORIC DESIGNATIONS AND DEMOLITIONS
Council will not take up revisions to the Historic Preservation/Historic District designation processes and demolition permit reviews until July. Although scheduled to act on Landmarks Board recommendation on May 2. Council is pushing the item out to mid summer to accommodate increased public interest and controversy over owner consent provisions. As proposed, no owner consent would be required to establish a historic district or individual landmark. Community residents and interest groups are voicing strong opposition and want to require a majority of affected homeowners approve before a district can be established. BARA agrees, but also recognizes that the City has never required owner consent. The current Council recently included a church in a new historic district over church leaders objections. Expecting Council to reject calls for owner consent, we’ve asked Council to adopt provisions that would require a supermajority of Council and the Landmarks Board to designate a neighborhood as historic when a majority of affected homeowners do not support the action. We’ve also asked that Council waive the fee for administrative reviews of demolition permits, proposed for non-landmarked buildings built after 1940. On July 11, Council will have a discussion only item on their agenda. July 18 will be first reading. August 8 or 22 will be second reading and final action.