City of Boulder 300 - Neighborhood Right to Vote on Land Use Regulation Changes

According to Title 9 of Boulder’s Revised Code, substantial changes to Boulder’s land use code must go through the following process: Planning Board recommends and City Council, via an ordinance, approves the changes. The ordinance takes effect after 30 days unless 10% of the Boulder electorate sign a petition appealing the decision. In 2007 a successful petition drive collected signatures from the entire city’s electorate, not just the immediate neighborhood, to reconsider the proposed development project on the Washington Elementary site, and the newly elected City Council changed course.

Recent City Council decisions, particularly regarding exemptions for development, have frustrated residents who feel that growth management promises have been broken or compromised. This initiative is an effort to give more say to the residents affected by changes in land use regulations. This amendment to Article VI, Section 43 “Power of referendum” in the City Charter prevents City Council from tweaking the language without approval of the electorate.

Ballot issue 300 would change the petition signature requirement from 10% of the entire Boulder electorate to 10% of the affected neighborhood’s electorate. It would allow 60 days to gather signatures rather than the current 30. If City Council doesn’t reverse its decision, then neighborhoods meeting the petition signature requirements would have the opportunity to vote the decision up or down.

This measure pertains to the following changes in residential developments or applicable zoning districts – NOT to particular projects unless they are affected by the land use regulations listed below.
• increase the maximum allowable size, height, or density;
• increase the maximum allowable occupancy limits;
• change allowable uses for a residential zoning district;
• reduce on-site parking requirements;
• reduce required setbacks;
• reduce solar access protection;
• change the zoning district designations or regulations to enable any of the above to occur;

Over 60 neighborhoods are mentioned by name though the City Council is tasked with the actual setting of boundaries. The city would also pay for the neighborhood election, but some say that very few, if any, elections would happen because the city and the neighborhood would negotiate an agreement. A longer-term solution mentioned by the proponents is to have official neighborhood plans similar to those of Madison, Wisconsin, but Boulder, though willing to talk about neighborhood plans, has not been very forthcoming in walking the walk.

Recommendation: leaning against

I applaud citizen engagement and efforts to make positive changes especially in response to what is viewed as a broken government. I appreciate the research that the proponents have provided on their website while I’m dismayed by what I see as mostly histrionics on the side of the opponents.

I’m generally a proponent of representative government, not direct democracy through a plethora of citizens’ initiatives, and I’m hesitant to meddle with the Charter. I think this measure allows for too much local control – requiring 1/50th or fewer of the signatures on the 2007 petition regarding the Washington Elementary site – and I worry about NIMBYism.

A moral of the story is – whether this measure passes or fails – it matters who is on the Planning Board and who is on City Council. Vote wisely and actively support good candidates. In the future consider throwing your own hat in the ring.

Website for the Yes side (Livable Boulder)
http://livableboulder.org/

Website for the No side (One Boulder)
http://oneboulder.org/

City Council asked City Attorney Tom Carr who is opposed to 300 to analyze the impact of the measures in a written memo. The memo includes the actual petition language.
https://bouldercolorado.gov/elections/potential-2015-ballot-item-citizens-initiatives


Approved Ballot Language

City of Boulder Ballot Question No. 300
Neighborhood Right to Vote on Land Use Regulation Changes

Shall the Boulder Home Rule Charter be amended to give residents of neighborhoods the right to vote on certain changes to land use regulations for residential developments that may have an impact on their quality of life, neighborhood character or property values, including without limitation those that increase the maximum allowable building height, size, density, floor areas, or occupancy limits, changes to allowable uses, or reductions in on-site parking requirements, required setbacks, or solar access protection, or change zoning district designations or regulations within residential neighborhoods; and shall such neighborhoods be contiguous areas reasonably demarcated by the city that contain at least a portion of the MH, RE, RL-1&2, RM-1,2&3, RMX-1&2, RH-1-7 or RR-1&2 zoning districts, including without limitation at least 65 separate neighborhoods listed in the petition; and such other neighborhoods as the city may reasonably identify; and shall any changes to these land use regulations or combinations of neighborhoods adopted by city council not be effective for 60 days, and if within such 60 days, one or more residential neighborhood submits a petition signed by 10 percent of the registered electors of the neighborhood meeting the referendum requirements of the charter, such changes shall not be effective for that neighborhood unless approved by the voters of such neighborhood; and shall there be a separate election for each residential neighborhood that has submitted a proper petition; and shall the city pay the costs of such elections; and related details as set forth in the initiative petition for this measure?

For the Measure ____
Against the Measure ____

Ordinance 8068 to refer 300 to the voters
https://documents.bouldercolorado.gov/weblink8/0/doc/130143/Page1.aspx