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Boulder Tomorrow Board Opposes Boulder Ballot Questions 300 & 301

September 2, 2015

Contact: Dan Powers, Executive Director

720-222-9602 dan@bouldertomorrow.com

The Boulder Tomorrow Board of Directors opposes Boulder Ballot Question 300, the "Neighborhoods'

Right to Vote on Land Use Change Regulations" which will allow anti-change activists to

effectively stop and force a vote on most City Council-approved land use regulations within that

neighborhood. If opponents to any new zoning/land use rules collect signatures from a mere 10% of the

registered voters in the neighborhood, it would force an election on the given zoning/land use changes.

This vote would only be within that neighborhood, not city-wide. Read the City Attorney’s list of

concerns, unknowns and know legal issues at www.bouldercolorado.gov/elections.

We have philosophical, economic and legal reasons why this is bad for Boulder:

The definitions and boundaries of “neighborhoods” are arbitrary – at least 60 are likely, yet how

they are determined could cause lawsuits.

Creating 60+ effective HOAs looking out for themselves would stifle evolution of the city,

virtually freeze any growth and is not how progressive cities operate (I can’t find any proponents

who can identify a zoning change they would accept).

Allowing only 10% of neighbors to hold up zoning changes is unfair and undermines the

representative democracy structure that traditionally has been the system for deciding how the

city evolves. Think about it – why would anyone ever vote to approve changes near them? Plus

in Boulder there is an undercurrent of anti-developer emotion that drives opposition to change.

Imagine the city needs to site a day care, apartments, senior housing etc. – based on

comprehensive city needs – being thwarted by this veto power of 10% of a neighborhood.

Any such 10% veto freezes the zoning change until the next regular election, in which only that

neighborhood’s residents vote, and yet all city taxpayers fund the election.

Check the formal opposition campaign www.OneBoulder.org

Ballot Question No. 301

The "New Development Shall Pay Its Own Way" ballot item would require that the city develop new

methods to measure levels of service across a range of areas, from police and fire response to parks,

libraries and human services, and not approve new development that does not pay for or otherwise

provide for services and facilities to offset the burden of the development. Read the City Attorney’s list

of concerns, unknowns and know legal issues at www.bouldercolorado.gov/elections.

Continued>>>

PO Box 20646 Boulder, CO 80308 Ph: 720-222-9602 Email: info@bouldertomorrow.com Web: www.BoulderTomorrow.com Twitter: @bouldertomorrow

We challenge the premise that growth is not paying fairly now and we oppose this because the vague

language in the measure guarantees lawsuits via a convoluted, unfair process meant to create

exorbitant new fees on new buildings. We believe there is a deeper motive of making Boulder too

expensive to build in, period. Worse, it pits residents against business growth in a contrived battle over

who creates costs and who pays into the city’s budget.

There are over 200 different fees already on the books in Boulder now covering business growth

and impacts across a wide spectrum. The City implemented a new affordable housing linkage

fee on new development in September; there is already a consultant study underway that is

guaranteed to make that fee larger upon completion (per expected Council approval)

In 2014, nearly $70M in various development related fees were paid to the city – the city’s

entire budget in 2014 was $270M.

Language in the measure that exempts development that has a “de minimus” impact is

guaranteed to create lawsuits. The notion of what is de minimus will be challenged and clarified

only via the courts, not a civic process. In the meantime, nothing is built.

The Boulder Valley Comp Plan and various city policies already have clear language regarding

how growth must “pay its way” (it is the exact phrase)

October 8, 2015 UPDATE: City Attorney Tom Carr has said all building permits would freeze the

day after the election for at least six months as terms are clarified by City Council and legal

decisions. New city legislation must be drafted and passed to implement the measure – more

debates and delays.

We ask our members to review and support the formal opposition campaign www.OneBoulder.org.

PO Box 20646 Boulder, CO 80308 Ph: 720-222-9602 Email: info@bouldertomorrow.com Web: www.BoulderTomorrow.com Twitter: @bouldertomorrow

About Boulder Tomorrow: We are a 15-yr old, non-profit organization providing research, policy statements and

events highlighting the positive impacts of Boulder's businesses and how our members are shaping what Boulder will

look like Tomorrow. Read more at www.BoulderTomorrow.com.