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PLAN-Boulder CountyThe Boulder County Peoples Advocate June, 2006Boulder County public affairs news and analysis |
In this issue
Council Keeps Planning Reserve
Development Option Open
At their May 2 meeting, the Boulder City Council voted unanimously (Tom Eldridge and Jack Stoakes absent) for a staff recommendation "to keep the 2005 major update to the {Boulder Valley} Comprehensive Plan open for the purpose of initiating a community dialogue on desired community needs, and preserve the opportunity to consider a service area expansion prior to the 2010 major update to the Comprehensive Plan." PLAN-Boulder County and other citizen groups protested that this is a clear violation of Section II-Amendment Procedures in the Comprehensive Plan, which specifies that consideration of changes from Area III to Area II larger than 10 acres will only be taken up during major, five-year updates.
See pages 54-60 of Comprehensive Plan as adopted by Council on Oct. 18, 2005
May 2 Council agenda and entire meeting in Realplayer
This issue initially arose during the 2005 major update of the Comprehensive Plan when Palmos Development requested annexation and rezoning to allow construction of a big-box shopping center on 23 acres at 28th St. and Jay Rd. In September, 2005, Council voted to "keep alive" the Palmos development proposal while staff considered other potential big-box sites within the existing city limits. This development proposal was strongly opposed by community, environmental, neighborhood and civic groups. Staff, with council direction, also commissioned a public opinion survey to determine Boulder citizens' views on such retailers.
The survey found strong opposition to allowing more big box stores in Boulder or to using tax subsidies and incentives to attract such retailers. Nevertheless, City staff recommended that allowing sprawl into the Planning Reserve be "kept on the table" in the event some unidentified "priority community benefit" comes up before the 2010 update of the comprehensive plan.
Council instructed staff to devise a process by which Boulder citizens will identify "desired community needs" before council will consider any development applications for the Planning Reserve. As a justification for continuing the sprawl option, staff reported that Naropa University might wish to build a consolidated campus in Boulder, with Planning Reserve land being an option. The university, however, has not filed a plan with the City.
Steve Pomerance guest opinion — "Council votes to ignore Comprehensive Plan rules"
Boulder Council Approves Zero Waste Resolution
At their May 2 meeting, Boulder City Council approved Resolution 944, declaring Boulder a Zero Waste Community, that "encourages the pursuit of Zero Waste as a long-term goal in order to eliminate waste and pollution in the manufacture, use, storage, and recycling of materials." The resolution, included in the May 2 council packet, was amended to read "In all cases, the guiding principles of the City's Master Plan for Waste Reduction will be followed. Mandatory programs will be employed only if the infrastructure exists and voluntary programs prove not to be successful." The motion passed 7-0, council members Eldridge and Stoakes absent.
County Commissioners Kill Mountain Lot Mergers
At their May 9 meeting Boulder County Commissioners voted 2 to 1 to eliminate from the County's land use rules a provision that has required the merger of contiguous building lots in the mountains that are owned by the same party. The program was started in 1993 to reduce the number of potential building lots. Some environmentalists opposed reversing the mergers and indicated concern that a proliferation of houses could occur. Concerns were also raised about difficulties for fire and rescue services in reaching houses built on narrow dirt roads and long private driveways in the mountainous terrain of western Boulder County.
Supporting the change were real estate interests and some mountain landowners. Commissioners Ben Pearlman and Will Toor voted to eliminate the merger program with Tom Mayer voting to retain it. During the last thirteen years the provision has been applied to 473 properties in the mountainous section of Boulder County. The vote by commissioners Pearlman and Toor will result in the un-merging of those parcels.
Mountain-Ear Article
Commissioners' Agenda
County Press Release
Boulder Council Approves Anti-Bias Plan
At their May 16 meeting members of the Boulder City Council began the approval process for a multi-phase plan to combat perceived acts of discrimination and bias in the community. Developed by the Human Relations Commission and several private groups, the plan has three major components: (1) creation of an "anti-hate hotline," (2) implementing diversity training program for City employees, and (3) an ordinance that enhances sentences for bias-motivated crimes.
The programs hotline and enhanced sentences sections were highly controversial. Organizations such as the American Civil Liberties Union voiced concerns about the potential infringement upon legal speech and expression. Others were concerned about the $16,000 cost of the hotline and the lack of oversight for the sponsoring private groups that would receive City funds. The sentence enhancement proposal drew opposition because existing state laws already cover bias-related criminal acts.
Council member Crystal Gray offered a motion to approve the City staffs recommendation for the $16,000 expenditure and a six-month trial period, with City staff directed to draft the contract to operate the hotline. Councilman Richard Polk offered an amendment to limit the scope of the hotline mainly to education and support but that motion was defeated 5 to 4, with council members Gray, Schultheiss, McGrath, Bohannon, and Ruzzin opposed, and Ageton, Eldridge and Stoakes joining Polk in support of the motion. Gray's motion then passed on a vote of 7 to 2 with council members McGrath and Stoakes opposing, citing concerns about cost, privacy and free speech.
The other two sections of the plan generated less dissent on Council. The training program for City employees was approved unanimously. Council voted 8 to 0 (with Eldridge absent) to direct the City Attorney to draft the sentence enhancement ordinance for later Council consideration.
Staff proposal on anti-bias policy
Human Relations Commission Minutes
North Broadway Bicycle and
Pedestrian Improvements Approved
On May 2 the Boulder City Council approved the City staffs recommendation for improving bicycle and pedestrian facilities on Broadway between Iris and Norwood avenues. The plan calls for narrowing the street to three lanes and adding on-street bicycle lanes in both directions. The project had been called up by Council due to complaints from some Norwood Avenue residents that the improvements would require longer waits for motorists to turn south into Broadway from Norwood Avenue.
After hearing from a large crowd supporting the improvements, Council members voted unanimously (Eldridge and Stoakes absent) to adopt the staff recommendation of Alternative 5C. Among the organizations endorsing the staff plan were PLAN-Boulder County, Walk Boulder, Bicycle Colorado, Boulder Bicycle Commuters and the University of Colorado Environmental Center.
Staff recommendation
Boulder Bicycle Commuters
City and County Protect Rookery with Easement
At its May 16 meeting the Boulder City Council agreed to jointly acquire with Boulder County a conservation easement on 10 large residential building lots in the Boulder Valley Farm neighborhood on 95th Street. The $4 million purchase will protect one of the largest blue heron rookeries in the Front Range and eliminate the possibility of large homes being developed on the land along Boulder Creek. Council members voted unanimously for the easement funding, with Tom Eldridge absent.
Audubon Colorado
Council agenda
Council Addresses Landmarks Board Vacancies
Two vacant positions on the Landmarks Preservation Advisory Board were filled by the Boulder City Council on May 16. One vacancy was required by City Charter to be filled by a design professional, such as an architect or planner. Councilman Jack Stoakes nominated Kirk Watson for the position. Crystal Gray suggested that the process be opened to the public so that other interested design professionals might be able to apply. Her motion was defeated on a 4 to 4 tie vote, with council members Bohannan, McGrath and Ruzzin joining Gray. In opposition were Ageton, Polk, Schultheiss and Stoakes. Councilman Eldridge was absent.
Watson was then appointed to the vacancy on a 5 to 3 vote, supported by Ageton, McGrath, Polk, Schultheiss and Stoakes. Council members Bohannan, Gray and Ruzzin opposed Watson's appointment. Watson had applied for appointment to the board earlier this year but Council voted at that time to retain Tim Pless on the board.
Another vote put Lisa Egger on the board to serve as a temporary alternate during the absence of a member excused for conflict of interest. The Council voted 7 to 1 to appoint Egger, a former board member, with only Richard Polk opposed. Tom Eldridge was absent.
RTD Narrows Sites for Rail Maintenance Yard
The Regional Transportation District staff recommended two sites for a proposed 70-acre maintenance yard for RTD's commuter trains. Boulder had been considered as a location for the yard, since one of RTD's three planned commuter rail lines will run through the city. The possibility of locating such a large industrial use near Gunbarrel or in east Boulder generated considerable opposition.
Instead, the sites recommended by the RTD staff are both in Denver, north of downtown adjacent to either the Union Pacific or Burlington Northern Santa Fe rail yards. RTD plans to use diesel or electric-powered trains on lines to Boulder and Longmont, northern Adams County and Denver International Airport instead of smaller light rail cars used on other lines in metro Denver. Rail service from Denver Union Station to Boulder is scheduled to begin in 2014.
RTD may still locate a smaller rail maintenance yard in Boulder to provide overnight servicing of trains used on the Denver to Longmont route. A location for that rail yard has not yet been set although Longmont officials have proposed a site east of South Main Street, adjacent to a desired station at the old sugar beet mill. RTD staff, however, seems to favor a Boulder location.
Denver Post — RTD narrows options for rail site, train type
U.S. 36 Corridor Study
Council Begins Work on
Code Enforcement Changes
On May 16 the Boulder City Council approved a plan to outline work items for potential changes and approaches to the City's building code enforcement process. Concerns had been voiced by homeowners in some neighborhoods, especially University Hill, that the current code is not strict enough in handling "nuisances" such as loud noise, litter, overcrowding and other "quality of life" issues.
A representative of landlord interests appeared at the public hearing on the issue, voicing concerns about the process. Council voted 8 to 1 to authorize staff to proceed, with only Councilman Jack Stoakes in opposition.
Erie Board Overturns Annexation Requirement
The Erie Board of Trustees voted at their May 23 meeting to overturn a voter-initiated ordinance requiring public votes on annexations. The ordinance was approved by Erie voters in 2000 but has been weakened several times since by the Town Board. Trustees supporting the change claimed that Erie was "losing out" to nearby Weld County towns with weaker development standards than Erie and that voter approval of annexations put Erie at a disadvantage in competition for development.
PLAN-Boulder County is pleased with the response from Boulder County residents to the Peoples Advocate. We'll keep working to let you know how your city and county representatives are voting on important issues, and we'll continue to provide detailed information on the nuts and bolts of public process.
In order to spread the word we encourage those of you who are receiving this publication to pass it around. Please forward the Peoples Advocate to your friends and associates. Encourage any community organizations in which you are a member to distribute the Peoples Advocate to their membership.
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| The Boulder County Peoples Advocate is published monthly by PLAN-Boulder County and distributed free to persons interested in local public affairs issues. Eric Karnes, Editor
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