[BoulderCouncilHotline] Questions for hearing on 311 Mapleton

[Weaver, Sam]

Fellow Council Members and HOTLINE followers,

Since we are having an important quasi-judicial hearing on the 311 Mapleton project tomorrow night, I wanted to get a few questions to staff ahead of the meeting so that any research needed will be ready for the hearing.

In the Boulder Valley Comprehensive Plan (2015 update), page 108, I find the following definition for the Public (P) Land Use Designation:


'Characteristics and Location: PUB land use designations encompass a wide range of public and private non-profit uses that provide a community service. They are dispersed throughout the city.
Uses: This category includes municipal and public utility services (e.g., the municipal airport, water reservoirs and water and wastewater treatment plants). It also includes: educational facilities (public and private schools and the university); government offices, such as city and county buildings, libraries and the jail; government laboratories; and nonprofit facilities (e.g., cemeteries, places of worship, hospitals, retirement complexes) and may include other uses as allowed by zoning. '

In the Boulder Revised Code (1981), I find the following definition for Public (P-E) Zoning:

'9-5-2(c)(5) Public Districts:


  1.  Public: Public areas in which public and semi-public facilities and uses are located, including without limitation, governmental and educational uses.'

In the staff memo for tomorrow night, I find a discussion of the ZONING definition in the section regarding a change of zoning from RL-1 to Public.  I find that discussion clear in the context of the re-zoning of RL-1 parcels to Public zoning in order to match the underlying Land Use Designation of Public.

I would ask that staff be prepared to discuss the following issues regarding the Public Land Use Designation:


  1.  How does the Land Use Designation of Public affect or control the type of project that is allowed, including its for-profit or non-profit nature?
  2.  If a prior Council/Planning Board allowed a project and/or use that does not conform to the current rules (either through different definitions, error, or conflicting interpretation) what impact should that prior decision on a separate project have on our deliberations?
  3.  It would probably be helpful if staff could explain the permitting and construction history for the Sunrise of Boulder Senior Living Center (a private, for-profit use in a Public zoning and land use designation), including the land use and zoning and rules in place at the time.  Also, if there are other for-profit uses in Public zones or Public Land Use Designations, any background that staff (both planning and legal) could provide would be helpful.
A few other miscellaneous questions:


  1.  The BVCP 2015 Land Use maps show a roadway (Maxwell) penetrating deep into the 311 Mapleton site.  Is there any significance to a street being shown on the land use map?
  2.  Is it an allowable condition of a site plan review approval to require calculable compensation for roadway and potential adjacent property damage due to heavy truck traffic.  Since roadway damage is proportional to the weight of vehicles raised to the FOURTH power (i.e., weight squared, and then squared again), this seems like an issue to understand.
  3.  Within the constraints of site plan review, how can any affordable housing commitments beyond the required amounts be guaranteed?
  4.  Similar to the above with warm water pool access, hours, management plan, etc.
  5.  It appears from some of the solar drawings (especially the 2700 sq ft 'cottages') that the simple solar shading rules are being violated. I would like staff to explain if there are exceptions to the solar access rules within new construction.
All the best,

Sam Weaver
Member of Boulder City Council
weavers at bouldercolorado.gov<mailto:weavers at bouldercolorado.gov>
Phone: 303-416-6130

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