HomeMy WebLinkAbout07.12.17 Public Comment - Citizens for SanitasCity of Boulder
Open Space Board of Trustees
OSBT-Web@bouldercolorado.gov
cc: Planning Board of Directors
boulderplanningboard@bouldercolorado.gov
July 10, 2017
cc: brautigamj ci.bouldercolorado.gov
carrt@bouldercolorado.gov
gehrd@bouldercolorado.gov
spencec@bouldercolorado.gov
caselCa�bouldercolorado.gov
Regarding:
Citizens for Sanitas Statement of 311 Mapleton OS -0 Designation Research Facts
Rebuttal to City Staff Memorandum:
"Boulder Valley Comprehensive Plan (BVCP) Land Use Designation Correction for 311
Mapleton Avenue", as contained in OSBT Packet Written Materials July 12, 2017
Dear Open Space Board of Trustees,
Following our review and research of Staffs Memorandum to the OSBT dated July 12, we
find several factual errors and misleading recommendations regarding the "mapping error"
assertions made by City Staff in the memorandum ("Memo").
Summary of our research findings:
1. BVCP land use maps that have been extensively reviewed and ratified by the City and
County over several decades. The OS -O at 311 Mapleton has been correctly mapped
as a distinct 4 acre designation, not as a border. BVCP maps are legally governing
documents. They are not subordinated to erroneous old county parcel maps.
2. Staff's assertion of a "mapping error" and their legal claim to correct it without OSBT
review and public hearing is in violation of the OSBT charter and BRC 1981 civil
procedure requirements. OSBT should assert their rights and relevant responsibilities.
3. Staff's "mapping error" claim regarding the open space designation is inaccurate
conjecture. It chooses to ignore the documented BVCP record before and after the
1979 parcel map submitted. It is inconsistent with current City GIS mapping data.
An OSBT public hearing, which allows public review of the facts and considerations in
removing or maintaining the OS -O designation at 311 Mapleton is requested. We
respectfully request that the OSBT Chairperson schedule such a public review at her
earliest opportunity on the Board's calendar.
Section 5 of the BVCP defines "Errors" as follows.
"If a discrepancy is found to exist with the Boulder Valley Comprehensive Pian that is
clearly a drafting or clerical mistake, either the city or the county, after a referral request to
the other agency, may correct such error."
In the summary of research findings by Citizens for Sanitas following, we provide clear
evidence and analysis that concludes that the OS -O designation at 311 Mapleton has
been consistently and accurately mapped and ratified by governing bodies over many
years. It is not a "drafting or clerical mistake." Staffs asserted treatment as such is
incorrect. Factual evidence and analysis are provided here for the Board's information
and deliberations on this matter.
Page 1 of 10
July 12, 2017 Staff Memo, page 1 quotation:
"To better understand the origin of this error, following the OSBT discussion of this project
at the study session, PHS and OSBTR staff conducted additional research in the portion of
the site designated Open Space — Other (OS -O), and found information that concluded that
it was an error in the boundary of the designation. The boundary error is a result of
incorrect mapping of the location of the Silver Lake Ditch, first evidenced in the 1970s
BVCP maps."
Citizen's research findings:
A. Did the 1977 BVCP and subsequent BVCP maps identify the Open Space and
Silver Lake Ditch in their correct geographic locations?
Yes.
The 1977 BVCP map (see Figure 1), ratified in June 1978, clearly identifies the 311
Mapleton OS -O acreage in its current location as "Proposed" Open Space. Note that the
Silver Lake Ditch location is correctly drawn in this 1977 map. Proposed open space is
drawn to include both the east and west surroundings of the Ditch. The current 311
Mapleton OS -O designation protects a portion of the east side of the Ditch. City Open
Space Acquired protects the west side of the ditch today.
THE BOULDER VALLEY RE V SED 1978
COMPREHENSIVE PLAN
1977
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1.1;)uLU.p :C.A.;ii. Al:r 53.5
6.0tIL C? R ',iP3:`f ���NNi7v :: 2O M:»li.N. • MAY Z4 V$
51tu D':J C,r F...d.1414i1Ci FiCAR ` .. , PRA. c'. ,478
8L)U4i')VR 8QAH0 C OUNIT
Figure 1 1977 BVCP Open Space Map showing proposed 311 Mapleton open space in dark
Page 2 of 10
B. Did a BVCP "mapping error" occur due to erroneous Silver Lake Ditch in a
1979 County parcel map?
No.
Staff's reference to an untitled 1979 (after the 1978 BVCP ratification) "county parcel map"
(Figure 2) is irrelevant. There is no evidence that this erroneous 1979 plot map (showing a
subdivision plot that was never built) was referenced in constructing any BVCP maps, nor in
determining the 311 Mapleton OS -O designation. The documented BVCP mapping history
and current City GIS mapping evidence shows otherwise.
1
VALLEY 14E
2/78
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Figure 2 Parcel map photo copy submitted in Staff Memo 7/12/17. Unknown title, date, signature block, recording history and
origin.
The 1979 plot map submitted by Staff is grossly in error. It shows the Silver Lake Ditch
flowing up a steep hill through the 311 Mapleton property! This is an egregious error. This
erroneous plot map becomes the basis of Staff's "mapping error" argument in their Memo.
As of this letter writing, Staff have not produced any information as to the 1979 map's
authentication, signature block or recording history, if any exists. Staff has stated in
meeting that it is a photocopy of a county map section from 1979 and that other
Page 3 of 10
surrounding years have not been reviewed. We contend that the photocopy provided does
not meet the criteria of submissible evidence in such an important case of governance.
There are no known documents or archives connecting this photocopy to the BVCP maps.
Both the Open Space and Geological Hazard maps in the 1977 BVCP binder show the
Silver Lake Ditch in the correct location on the property, prior to the untitled 1979 plot map
submitted by Staff. BVCP maps of this period correctly place the Silver Lake Ditch and
proposed open space over it. The 1979 photo copy map submitted by Staff as evidence is
spurious.
Note under the letter "C" in the 1979 plot map submitted by Staff, a subdivision is plotted on
the Sanitas Valley Trail. This subdivision was never developed. The area is now
preserved. An OS -O designation now overlays the proposed subdivision roads, according
to May 2017 City "Sanitarium" GIS mapping.
C. Does the erroneous 1979 County parcel map of Silver Lake Ditch define the
OS -O boundaries?
No.
Staff asserts on page 2 of their Memo that, "The incorrect ditch location shown on the
parcel map directly corresponds with the existing OS -O boundary."
This is a false statement, based on the City's May 2017 GIS map records. The OS -O
mapping from City GIS records follows discrete segmented survey lines, not the mistaken
uphill flowing Silver Lake Ditch route drawn on the erroneous 1979 parcel map. Please
reference City of Boulder "Sanitarium" GIS map in Figure 3.
City GIS map of 311 Mapleton OS -O Designation analysis:
The 311 Mapleton OS -O south and east boundaries consist of seven straight line segments.
Table 1 below shows the details on each of these segments. The segment intersect points are
obvious locations for surveyor's instruments. Segment seven follows the east side of the road.
The curvature at the north end follows the road curvature. The City GIS data for the 311
Mapleton OS -O designation follows the existing road, not an erroneous 1979 county plot
map of Silver Lake Ditch, as asserted by Staff in their 7/12/17 memo.
Table 1 South and east OS -O boundary segments
Segment
Start
height
ft
End
height
ft
Height
difference
ft
Direction
wrt
north
Length
ft
Average
slope
degrees
1
5585
5550
35
113
141
-13.9
2
5550
5530
20
78
76
-14.7
3
5530
5525
5
26
139
-2.1
4
5525
5530
-5
35
76
3.7
5
5530
5531
-1
315
114
0.5
6
5531
5531
0
3
139
0.0
7
5531
5543
-12
348
245
2.8
Page 4 of 10
D. Does the BVCP contain the governing maps that are legally ratified by City and
County officials?
Yes.
BVCP ratified land use maps are not legally subordinated to various generations and
changes of Boulder County parcel maps or developer plot map submissions. BVCP land
use maps are governing documents. They have been extensively reviewed by the public,
property owners, and City Staff for over 40 years, and are ratified by City and County
elected officials (reference Boulder County planning library binders since 1960s). Staff
have informed us in meeting that the OS -O designation at 311 Mapleton (and others) was
formally documented in ratification by Boulder Council in the 2001 BVCP revision. The
2001 mapping designation appears in Figure 3.
Sanitarium
A ,x?
Figure 3 "Sanitarium" GIS map digital copy purchased from City of Boulder Planning & Development Services, May 16, 2017
Page 5 of 10
Citizens have relied on the authenticity and validity of the BVCP maps for many years in
Boulder. The placement and protection of Open Space designations is a critical factor in
family decisions to acquire or improve residential properties. Staff's proposal to remove the
OS -O designation at 311 Mapleton, without the public due -process required under BRC
1981, would cause a serious breach of confidence and trust in our local government and
officials.
The BVCP Land Use map has, and continues to, designate the OS -O at 311 Mapleton
consistently for many years. Please see examples in Figures 4 and 5 following.
•
•
•
•
•
•
•
•
• • • • • •
••
.••ts••
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BVCP Map 2004
BVCP Map 2001
Figure 4 : Decade 2000 BVCP maps showing 311 Mapleton 0S-0 designation consistently
Mapleton 1
Mapleton
BVCP Ratified Map 2010 BVCP
Figure 5 Current decade BVCP maps showing 311 Mapleton OS -0 designation
Page 6 of 10
E. Is the 311 Mapleton OS -O a boundary definition issue?
No.
This OS -O designation is, and has been, a defined acreage mapped in the BVCP and on
Boulder's GIS data base. The 4+ acres OS -O designation in question is not an "error in the
boundary of the designation," as asserted in Staffs 7/12/17 Memo. It is an OS -O
designation in its entirety, as shown on this BVCP map examples of Figure 4 and Figure 5.
The City has adopted the BVCP and this OS -O designation by resolution, including its
maps of land use designations. There are no ambiguities in the boundaries of the Boulder
GIS mapping of this OS -O designation.
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al
1111
Figure 61998 Mount Sanitas Survey and Report commissioned by the City of Boulder
F. Were there any known mapping objections or disputes regarding the location
of the 311 Mapleton Open Space designation in the BVCP?
No.
There are no known mapping disputes regarding the OS -O designation at 311 Mapleton
over the 40+ year BVCP period, either by the property owners or the City. Currently, a
developer desires that the City remove the historic 311 Mapleton OS -O designation, to
enable their development of a large commercial complex on the designated OS -O land. If
permitted, they would place new buildings and private roads on public Mount Sanitas trail
access and natural hazard designations, which the current OS -O protects.
Figure 5: 1998 Mount Sanitas Survey and Report commissioned by the City of Boulder
The area surrounding the Sanitarium site was surveyed by the City in 1998 as part of a
commissioned report on the natural and cultural history of the site. See figure 6. The survey
marks the Silver Lake Ditch in the correct location. The report is extensively referenced. No
Page 7 of 10
actions were taken by the City or property owners subsequently to propose modification or
removal of the Open Space designation at 311 Mapleton as result of the survey or report.
This city commissioned survey has not found to be in error.
G. Does the 311 Mapleton OS -O designation conform with BVCP policies
regarding environmental protection and natural hazard mitigation?
Yes.
The 311 Mapleton site was identified as a geological mass movement hazard in the 1977
and subsequent BVCP revisions. Please see the photo excerpt of the 1977 BVCP map in
Figure 7. This may have been a contributing factor in the decision to propose and
designate the 311 Mapleton Open Space, following 1977 BVCP written policy regarding the
use of Open Space designations for natural hazard considerations. The OS -O is on an
extremely steep hill with flood drainage into an historic Boulder neighborhood. The site is
subject to frequent wildfire evacuations and is located on Boulder's Urban Wildfire Interface.
In May 2017, Planning Staff rejected the developer's latest development proposal, citing the
destruction of the steep grade geology and constraints of building on the natural hazards of
the site. Planning staff's drawing from their comments to the applicant appears in Figure 7.
Continuing the 311 Mapleton OS -O designation will prevent the proposed environmental
destruction of the hazardous slope (landslide, wildfire, flood) which the designation protects
in perpetuity.
Figure 7 Excerpt from 1977 BVCP Geology Hazard Map showing Mass Movement Hazard in red color over 311 Mapleton
property.
Page 8 of 10
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Figure 8 Boulder Planning Department drawing showing the Open Space Other designation at 311 Mapleton as a "Steep Slope
to Avoid." Reference: 311 Mapleton Avenue Land Use Review Results and Comments, May 5, 2017
H. Does the OSBT have the right and obligation to review and collect public
comment regarding the continuation of the OS -O designation at 311 Mapleton?
Yes. Please reference Sections 2-3-9 of the Boulder Revised Code 1981 regarding
responsibilities of the OSBT and Section 1-1-14, which states "In enacting an ordinance the
city council intends that the public interest be favored over any private interest."
Citizen's appeal to the Open Space Board of Trustees.
In honor of the spirit, hard work and money spent by those citizens that proceed us -
please do not remove the OS -O designation at 311 Mapleton. As when proposed and
designated, this OS -O protects the interests of the public which you serve: historic trails,
public access, city and trail views, steep geology, flood, and wildfire hazards.
Many City Staff employees, before those serving now, also promoted development over
open space preservation. Beginning in the 1960s, citizens and elected officials prevailed
to define Boulder as we now enjoy it. Please assert your rights and responsibilities as
OSBT members in serving the public's interests. You are the current "Park Board" of the
1964 Daily Camera articles shown in Figure 8. How would you like to be remembered in
2064?
Once it's gone, it's gone. Please protect our open space legacy for future generations.
Page 9 of 10
Council i omn1itS Cit;
To Buy Enchanted Mesa
Citizens For Enchanted Mesa
Re -act vat?, Seek Donations
Figure 91964 Clippings from The Daily Camera regarding the long citizen campaign to acquire and protect
Enchanted Mesa open space.
Sincerely,
Citizens for Sanitas, A Colorado Non -Profit
Roger Koenig
Alan Delamere
Russell Henriksen
Randi Stroh
-Betsey Jay
Page 10 of 10