[bouldercouncilhotline] Hotline: Planning Board Recommendation on Height Ordinance

[cmosupport at bouldercolorado.gov]

Sender: Richstone, Susan

Dear council members

At the Tuesday, Feb. 21 meeting, City Council will be considering First Reading of an ordinance that would extend the current limitations on requests for height modifications. Last night, the Planning Board held a public hearing to consider a recommendation to City Council on this item, and in light of recent interest in this ordinance, I want to provide summary information about last night discussion.

At the conclusion of the public hearing and discussion, the Planning Board unanimously passed the following motion:
On a motion by J. Putnam seconded by H. Zuckerman the Planning Board voted 7-0 to recommend to City Council to extend to Oct. 19, 2018, the term of the existing Ordinance No. 8028 of the building height regulations and requirements of Title 9, "Land Use Code" B.R.C. 1981, for certain areas of the city.

Prior to the motion that was passed, the board considered the following substitute motion:

On a substitute motion by C. Gray, seconded by L. Payton, the Planning Board voted 2-5 (L. May, J. Gerstle, J. Putnam, B. Bowen, H. Zuckerman opposed) to amend the main motion by  eliminating the expiration date and replacing it with a work program which would include completion of the Comprehensive Plan, the completion of the regulatory structure for Comp Plan policies and creating height modification criteria. The motion failed.

Seventeen members of the public testified during the public hearing (11 in favor of extending the ordinance and 6 opposed).
Please find the following summary of some of the main points of discussion by the board:

  *   Board members expressed a range of views on potential extensions of the ordinance, with some members expressing support for making it permanent, some for extending it for a defined period of time, and others supporting a limited time extension or allowing it to expire.

*       Some members referenced the board's annual letter to council (attached), which addressed community benefit and the height ordinance. The letter indicated the board's support for extending the ordinance until the community benefit discussion is completed.  This would include the Boulder Valley Comprehensive Plan and any regulatory changes such as amendments to the site review criteria.

  *   Some board members expressed the view that the ordinance is a very broad and coarse tool and that it should go away at some point, but that possibly a short extension could be supported to address the site review criteria for height modifications, but not for long.
  *   The view was expressed that progress in the Comp Plan process has been made since this ordinance was put in effect.  The recent Comp Plan survey has helped reaffirm that people are open to change, but not big changes, and want characteristics preserved. Board discussion acknowledged that while not perfect, the survey is the best tool we have to know what the community wants. The extension should be until the policy development is completed. Although density does not necessarily result in affordability, it was recognized by some board members that there could be a relationship. Regarding the concerns of inadequate public engagement, several board members felt that the city conducted a very intensive public process as part of the Comprehensive Plan which has addressed the community's concerns over the past two years.
  *   Another board member expressed the view that the survey does not tell us much about the issue because the question was ambiguous, and that while it has value, it does not have much weight and there should be more discussion surrounding it.
  *   The view was expressed that most projects that requested a height modification were not big development projects, but rather were from people requesting to construct a deck or a building modification such as steeper roof pitch. There was a request to provide documentation of height modifications that were allowed based on topographical challenges.
  *   It was pointed out that Section 5 of the height ordinance discusses the interim nature of the ordinance and mentions that further study of building heights would be conducted. That has not occurred. Some board members felt that the intent of City Council was not to make this ordinance permanent, and to spur further planning and development of code, and that the best course of action would be to either change the date to extend it for a limited period of time or allow it to end.
  *   Board members proposed various periods of time for extension of the ordinance, from one year to three years, as well as extending it in order to complete the 2015 Comp Plan and put code changes in place (site review criteria for community benefit/ height modifications).
  *   As an alternative, it was suggested the board could recommend a benchmark of what should be achieved as opposed to setting a date. Some board members felt it was critical to set a date to keep the pressure on to keep the focus on this issue and get the work plan items done.
  *   Following additional discussion, board members agreed on an 18-month extension represented in the final, approved motion.


Susan Richstone, AICP
Interim Executive Director
O: 303 441-3271
richstones at bouldercolorado.gov<mailto:richstones at bouldercolorado.gov>
[Planning,%20Housing%2]
Department of Planning, Housing + Sustainability
1739 Broadway | PO Box 791| Boulder, CO 80306-0791
bouldercolorado.gov<http://www.bouldercolorado.gov/>
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