City of Boulder 301 - New Development Shall Pay Its Own Way

There is general agreement going back for decades that development in Boulder should pay its own way. After little action on this front, some Boulder citizens decided to take action, serious action. This amendment to Article II, Section 12 “Specific duties of council” of the City Charter means that City Council cannot make adjustments if needed; rather, changes would have to wait until approval of the electorate at the next election.

Under this proposal, public and affordable housing developments may be exempted from making payments, but other developments would not be approved without requiring them to “fully pay” for the “burdens” of the development.

Policy 1.30 of the Boulder Valley Comprehensive Plan currently states, “Growth will be expected to pay its own way.” Not everyone agrees that Boulder is walking the walk. New development must pay for, among other things, sewers, sidewalks and amenities like bike racks – this is Boulder, after all. However, reminiscent of Obama saying, “You didn’t build that [on your own],” there are other costs that the supporters of this measure are trying to identify and collect on.

To achieve the goal of this measure, City Council would adopt “generally accepted professional standards and practices where such exist” and would have to consider such fiscal quantities as sales tax paid by occupants and the cost of all city facilities and services burdened by the new development. This measure would add an entire paragraph to the Charter just about standards for transportation services.

The city says it is currently updating studies on development fees, focusing on 4 areas: impact fees (for public services like police, library, parks & rec), transportation, public art, and affordable housing fees on non-residential development. The information gained will be useful whether or not this initiative passes. Thanks to the sponsors of 301 for putting this issue in front of citizens, city staff, Planning Board and City Council.

Recommendation: against

Boulder is in for a big change if this initiative passes. How long would it take to get the required professional standards and practices so we can determine and charge for the burden development poses? Can we afford to hold the city hostage while we wait? Will developers all go to other cities where there are fewer hoops to jump through and more favorable economic terms? Don’t we want some flexibility? Boulder can say no to some growth, but only if we have offers coming our way.

On a side note, I object to adding the proposed language to Section 12 of the Charter. Article VI “Finance and Record,” with more detailed instructions and less in the way of broad principles seems like a better place. The bigger problem, however, is putting this in the Charter to begin with, but I understand the proponents’ desire to do so, given this issue’s history.

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 301 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. 301
New Development Shall Pay Its Own Way

Shall the Boulder Home Rule Charter be amended to prevent the city, to the extent allowed by state and federal law, from approving new development that does not fully pay for or otherwise provide additional facilities and services to fully offset the additional burdens imposed by the new development; such facilities and services to include without limitation police, fire-rescue, parks and recreation, public libraries, housing, human services, senior services, parking services, transportation, and open space and mountain parks, but exempting utilities that have set services standards including water, wastewater, flood control, and electric; and to require the city council to apply standards and practices reasonably designed to achieve the requirements of this section, that are consistent with generally accepted professional standards and practices where they exist, and that consider indirect revenues and contributions from new development, such as sales and use tax paid by occupants; and to require the standards for transportation facilities and services to include without limitation emergency response times, daily vehicle miles traveled within the city, and travel times on designated streets during morning and evening peak and near-peak hours; and shall the city council by a vote of six members be able to exempt permanently affordable housing or publicly-owned new developments from this section; and shall new development with a complete and proper application for a building permit, or a change of use permit as of the date of passage of this section, be exempt from the requirements of this section, but only for the construction or change of use covered by the permit or change of use application as submitted; and shall the city manager be required to report annually all standards used and a summary of the measurements and actions taken and analyses performed to satisfy this section; and setting forth related details set forth in the initiated petition for this measure?

For the Measure ____
Against the Measure ____

Ordinance 8069 to refer 301 to the voters
https://documents.bouldercolorado.gov/weblink8/0/doc/130142/Page1.aspx