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July 10, 2007
Statement of PLAN-Boulder County Concerning the Current Proposal to Expand Boulder County's Transfer of Development Rights Program
PLAN-Boulder County generally supports Option 2 in the staff's memo dated July 10, 2007, as being the most effective means of achieving the goals of preserving neighborhood character, preserving diversity in the Boulder County housing stock, preserving vacant parcels, and encouraging the increased sustainability of new development. However, the old saw that Òthe devil is in the detailsÓ applies with particular force to this proposal. Accordingly, we urge that the following modifications to Option 2 be made before it is adopted by Boulder County:
- Conduct a site plan review of all residential building permit applications, regardless of the size of the proposed house or addition. Various aspects of a proposed site plan including the size of the residence, its location on the lot and access points-- can have a major impact on surrounding properties. A site plan review should be undertaken in every case to try to reduce those impacts.
- Define the neighborhood character of the Special Character Areas with as much precision as possible so that clear standards for new development in those areas are established and their character really is preserved.
- Clarify the relationship between Special Character Areas and the Neighborhood Overlay Zones that were established by Boulder County several years ago. We would suggest that if a Neighborhood Overlay Zone is formed that is congruent with a Special Character Area, and that if a super-majority of the property owners in the Neighborhood Overlay Zone voted to alter the threshold and cap established by Boulder County for the Special Character Area, then the threshold and cap should be changed in accordance with the decision of the super-majority.
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Operate the county-run ÒbankÓ as a clearing-house and allow the price of Development Rights and Credits to be determined by, and change with, the market, not set periodically by the "bank." This procedure will enable these prices to rise to their real economic value and not be artificially constrained by the "bank." Cash in lieu payment for unspecified development rights should not be allowed.
- Require that the purchase transaction of Development Rights and Credits is completed and fully implemented through recorded covenants on the newly restricted property or properties before a building permit is issued for the new house or addition whose owner has purchased the Rights or Credits. This requirement will avoid a problem similar to the one encountered by the City of Boulder's inclusionary zoning program, in which developers often pay the City a fee in lieu of actually providing more affordable housing, and the fees accumulate in the City's treasury for years before any more affordable housing actually gets built.
- Disqualify the owners of lots which are unbuildable from selling Development Rights and Credits. Many lots, particularly in the mountainous parts of Boulder County that resulted from mining claims, are very steep and/or inaccessible and are not susceptible to development. It would be unconscionable to allow people whose lots can never be developed due to the terrain to sell Development Rights and Credits.
- Preclude the re-purchase of Development Rights and Credits. They development restrictions created by the sale of Development Rights and Credits should remain in perpetuity. Otherwise some of the goals of this proposed, new program might be undermined.
- Apply Boulder County's Zero Waste Resolution to all demolitions that occur in order to facilitate new residential development. This may mean adopting regulations concerning the deconstruction of existing buildings and re-use of building materials.
Thank you for considering this important request.
Sincerely,
Pat Shanks, Chair
PLAN-Boulder County
The People's League for Action Now
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