12.03.20 PB MinutesCITY OF BOULDER
PLANNING BOARD ACTION MINUTES
December 3, 2020
Virtual Meeting
A permanent set of these minutes and a tape recording (maintained for a period of seven years) are
retained in Central Records (telephone: 303-441-3043). Minutes and streaming audio are also available
on the web at: http://www.bouldercolorado.gov/
PLANNING BOARD MEMBERS PRESENT:
David Ensign
John Gerstle
Lupita Montoya
Sarah Silver
Lisa Smith
Peter Vitale
Harmon Zuckerman, Chair
PLANNING BOARD MEMBERS ABSENT:
STAFF PRESENT:
Charles Ferro, Development Review Manager
Hella Pannewig, Assistant City Attorney
Cindy Spence, Administrative Specialist III
Brenda Ritenour, Meeting Moderator
Jean Gatza, Senior Planner
Phil Kleisler, Senior Planner
Brandon Coleman, Engineering Project Manager
Joe Taddeucci, Director of Public Works for Utilities
Jay Sugnet, Senior Housing Planner
Joanna Bloom, Utilities Business Relations Manager
Hanna Hippely, Boulder County, Community Planning and Permitting
1. CALL TO ORDER
Chair, H. Zuckerman, declared a quorum at 6:01 p.m. and the following business was conducted.
2. PUBLIC PARTICIPATION
a) Kurt Nordback spoke on behalf of Community Cycles. He spoke regarding the updated Design
and Construction Standards, specifically sections 2.07 and 2.08. He said that they are requesting
that the “Other Items” be wrapped into sections 2.06 and 2.09 as they belong together.
b) David Takahashi spoke on the lack of affordable and workforce housing. He said that
improvements could be made on behalf of the Boulder Climate Action Plan. He said the city
must find ways to incentivize the beneficial projects and penalize the ones that take us in the
wrong direction on climate. The single use zoning is no longer working. He urged the board to
find better ways to supply housing while thinking about the environment in Boulder.
c) Tom Volckhausen spoke regarding the letter from the Indian Peaks Group of the Sierra Club.
They are in support of compact urban development in opposition to sprawl in addition to low-
carbon land use. He asked the board to put in place a work plan for 2021 addressing the housing
crisis in Boulder. According to the census, Boulder has no growth, and the population has shrunk
and losing affordable workforce housing. He suggested moving away from the single-family
housing zoning and building more workforce housing.
d) Donna George spoke regarding the noticing of meetings.
e) Lisa Spalding, speaking on behalf of the Plan Boulder County Board, said they appreciate the
first draft of the Planning Board’s letter to Council and the thought that has gone into the topics.
f) Michael Williamson spoke regarding changing the land use code 9-10-2(a) concerning licensed
cannabis businesses. He informed the board that if this code does not change, he will be forced to
bankrupt the business and let his entire staff go. He urged the board to review this.
g) Macon Cowles urged the board to call out workforce and affordable housing in their letter to
Council. This must be said clearly.
h) Lynn Segal spoke regarding the Board of Assessment Appeals and demolition after sale.
i) David Adamson spoke regarding combining doing home piolets. He suggested changing the
model at Alpine-Balsam and having it be 85 percent middle-income, for sale housing.
j) Alex Hyde-Wright encouraged the board to go bold on housing and encourage density. He
would like to see ADUs made easy and eliminate the requirements (i.e., parking, fees, setbacks,
etc.). He would like the city to allow duplexes and triplexes in all single-family zoning across the
city. He would like the city to reduce or eliminate parking minimums.
k) Carol Dreselly said her home came with an ADU and they would not have been able to afford
living in Boulder without the legal ADU. Recently she and her family have experienced fines
from the city for the renting out of the empty bedrooms in the home while she and her husband
are in transition of moving to the mountains. However, all around her, she has seen other homes
scraped and massive housed erected and large amounts of vehicles parked from construction
workers in her neighborhood.
3. DISCUSSION OF DISPOSITIONS, PLANNING BOARD CALL-UPS / CONTINUATIONS
There were no items to review.
4. PUBLIC HEARING ITEMS
A. AGENDA TITLE: Public Hearing and Planning Board consideration of Land Use Map, Planning Areas
Map, policy, and text changes as part of the 2020 Mid-Term Update to the Boulder Valley
Comprehensive Plan. Maps indicating where the proposed changes the Boulder Valley Comprehensive
Plan are located and a description of each change can be found on the project website at
https://bouldercolorado.gov/pages/2020-mid-term-update.
Staff Presentation:
C. Ferro introduced the item.
J. Gatza presented the item to the board.
Board Questions:
J. Gaza answered questions from the board.
Public Hearing:
1) Alexia Parks spoke regarding Attachment G. The area is historically referred to as
“Snowbound”. She said that billionaires are entering that area, where she lives and offering five
million dollars for the houses in the area. This could become an area of large homes lighting up
the sky. She would like to keep this as open space.
2) Donna George spoke regarding the change for request plan for Odell Place. She claimed this
change would need a Use Review, not a Site Review. She said the Gunbarrel Center Community
Plan should be followed and it could not be changed to High Density – Residential.
3) Laura Sheinbaum, representing Boulder Housing Partners, said that 36 percent or higher of the
Boulder workforce qualifies for affordable housing. The BHP’s product is priced according to
Area Median Income (AMI). She said that she is in support of the land use at Odell Place. While
they do not have a project planned yet, BHP would do extensive neighborhood engagement to
see what would be needed and to help with the jobs-housing imbalance.
4) David Adamson said he had been a participant during the 2015 BVCP update. He was
disappointed to learn that he could not do anything substantial regarding the mid-term update. He
asked the board and staff to reconsider what is done during this interim period and moving
forward. In addition, he would be in support of Odell Place proposal.
5) Lynn Segal said growth is not sustainable and should not be done.
Board Comments:
Key Issue #1: Area I properties - Attachments A-G
• S. Silver shared L. Smith’s concerns regarding industrial land and the notion of “death by a
thousand cuts”. In addition, regarding Attachment G, the concern raised by the public of moving
the properties from Area III to Area II, the city might be enabling development of large homes
due to market forces. She questioned if that would go against the 2016 Blue Line ballot measure
articulated to not increase opportunities for expanded development.
• H. Hippely addressed S. Silver’s questions and explained Boulder County’s current regulations.
The properties are in the forestry zone district and currently developed. They also have a view
overlay protection which would limit the heights of structures on these properties. However, any
of the current properties could be purchased at any time, scraped, and redeveloped. If the
properties do not have city services currently, they likely would have a well and septic system
which is not uncommon or a limitation.
• H. Zuckerman clarified the request to change from Area III to Area II would not be bringing
those parcels into the city. That would require an annexation. In addition, he said that the board
does not know at this time if county Site Plan Review would allow for larger houses than the
city’s compatibility standards. He was not sure if we could make any assumptions as to which
jurisdiction would allow more massive houses to be built.
• H. Hippely concurred and said that is why the county does not object to this change as proposed.
• H. Zuckerman said generally the proposed changes were acceptable. The change regarding
TVAP Phase 2A was wanted back at the May 28, 2020 Planning Board hearing but the staff
resources were not available at the time. He was pleased to see it had returned. He was
disappointed that Mt. Hope Church would not be moving forward based on community input
because higher density residential would suit such a transit location, and good design would be
welcome at this gateway to Boulder. Regarding the Odell Place request, he worried about the
change from Industrial to Non-Industrial zoning and Non-Industrial land use. The creation of
Policy 2.21 in the recent BVCP update was written for “light industrial”. However, there are
many other districts that are labeled as “industrial” but are not getting captured. He suggested
updating Policy 2.21 to increase the scope of the kinds of industrial uses to be covered. However,
as it is, the use at Odell Place as proposed is compliant with the intent of that area currently and
he supports that change. The requests at 47th Street, Hillside Road, and the minor adjustments to
the service area to the Blue Line to take it into Area II would all make sense.
• D. Ensign agreed with H. Zuckerman’s comments. He added, regarding the Greenbriar and
Broadway proposal, it would be curious to see what might unfold as far as alternative by-right
proposals. He shared disappointment regarding the Mt. Hope Church proposal. He would support
all the proposals.
• J. Gerstle agreed with the proposal regarding Greenbriar and Broadway. He had concern
regarding Odell Place and wondered what the significance of an Area Plan is if it were to be
changed in substantial way. In addition, he was concerned with the loss of industrial space
especially in Gunbarrel. Therefore, with respect to Odell Place, he said it is not clear that this
would be the way to proceed.
• H. Zuckerman said he could support Odell Place because the Gunbarrel Community Center
Plan identifies that this area will be supported by residential and compatible light industrial uses
so this would provide the residential portion of what would be called for in that plan and allow
for more affordable housing. He said it would be important to retain light industrial.
• S. Silver concerned with industrial land loss along with a few board members. She asked if she
could propose language to protect land surrounding Odell or at 30th and Valmont to put in some
stop-gap measures.
• D. Ensign would like to have data to indicate that the light industrial needs outweigh the
affordable housing goals. If there was a study showing we were in a red zone in terms of
industrial space, that would be compelling. He said it would be nice to see an analysis showing
the economic challenges vs. industrial spaces.
• P. Vitale was concerned that if we do not address the affordable housing issue, none of the
industrial areas will exist anyway. The people who work in the shops in the industrial areas
already cannot afford to live in Boulder. If the housing is not solved, the problem will accelerate.
He agreed with D. Ensign that we need the data.
• L. Smith agreed. She would like to see data regarding light industrial areas as well.
• L. Montoya said we need to be aware of the topic surrounding light industrial and perhaps
making it a priority. She agreed with getting data. She would support the suggested changes.
• H. Zuckerman suggested removing the word “light” from Policy 2.21 now in the third motion
tonight regarding Attachment J.
• J. Gerstle requested to have the proposal for Odell Place (Attachment D) in a separate motion as
he would support all the other Attachments, however he would not support Attachment D. In
addition, he felt the area plan for Gunbarrel had not been considered adequately.
Motion:
On a motion by D. Ensign seconded by J. Gerstle the Planning Board voted 7-0 to approve the Land
Use Map and Planning Areas Map changes to the Boulder Valley Comprehensive Plan as shown and
described in the staff memo and in Attachments A – C and E – G.
On a motion by H. Zuckerman seconded by D. Ensign the Planning Board voted 6-1 (J. Gerstle
opposed) to approve the Land Use Map and Planning Areas Map changes to the Boulder Valley
Comprehensive Plan as shown and described in the staff memo and in Attachment D.
Key Issue #2: Area II and III properties - Attachments H and I
J. Gerstle recused himself from discussions regarding Attachment H(4).
• D. Ensign said he supported this section almost completely. He questioned what kind of
outreach had been done regarding the Hogan-Pancost property. While that property had been
acquired by the City of Boulder due to public outcry to prevent financial development. Now the
designation has been proposed as Open Space-Acquired which is a permanent designation. He
found that he found the designation odd.
Motion:
On a motion by S. Silver seconded by L. Montoya the Planning Board voted 7-0 to approve the Land
Use Map and Planning Areas Map changes to the Boulder Valley Comprehensive Plan as shown and
described in the staff memo and in Attachments H and I, excepting H(4).
On a motion by D. Ensign seconded by S. Silver the Planning Board voted 6-0 (J. Gerstle recused) to
approve the Land Use Map and Planning Areas Map changes to the Boulder Valley Comprehensive Plan
as shown and described in the staff memo and in Attachments H(4).
Key Issues #3: Policy and Text changes - Attachment J
• S. Silver suggested a recommendation to Council regarding the revision of Policy 2.21,
regarding light industrial and the removal of the word “light”, so that staff would be able to
review any potential impacts.
• H. Zuckerman said there would be two other positive points with recommending this revision
now. This policy was not studied quantitatively the first time around. In addition, Policy 2.21
discusses many kinds of industrial and the preservation of our industrial uses. Therefore, the
intent is to preserve industrial in Boulder, not just light industrial. He added that by removing the
“light”, the board would like to preserve all types of industrial.
• D. Ensign said the removal of the word “light” does not do much for him. He proposed a
separate motion recommending the city prioritize a study of recent and future trends in city-wide
industrial zoning inventory, potentially informed by the East Boulder Subcommunity Plan, to
assure that we can better understand the ramifications of such land-use changes.
• S. Silver said she would be comfortable adding something to the motion that would address that.
She suggested supporting both, the removal of the “light” from industrial and doing data
gathering and analysis proposed by D. Ensign. They would be mutually reinforcing.
• The board supported that.
Motion:
On a motion by H. Zuckerman seconded by P. Vitale the Planning Board voted 7-0 to approve the
policy and text changes to the Boulder Valley Comprehensive Plan as shown and described in
Attachment J. In addition, to preserve Boulder’s industrial land use and industrial areas for the sake of
the city’s diversity, sustainability, and resilience as a community, Planning Board approves a policy
change whereby the word “light” is deleted in Policy 2.21 where it appears before the word “industrial.”
On a motion by D. Ensign seconded by S. Silver the Planning Board voted 7-0 that Planning Board
recognizes that several of the proposed mid-term BVCP changes positively address the jobs/housing
imbalance and affordability, however they may have the side-effect of reducing the development
opportunity for industrial uses. Planning Board recommends that the city prioritize a study of recent and
future status and trends in city-wide industrial zoning inventory, potentially informed by the East
Boulder Subcommunity Plan, to assure that we can better understand the ramifications of such land-use
changes.
5. MATTERS FROM THE PLANNING BOARD, PLANNING DIRECTOR, AND CITY
ATTORNEY
A. AGENDA TITLE: South Boulder Creek Upstream Analysis Update
H. Zuckerman, L. Montoya and L. Smith recused themselves.
Staff Presentation:
C. Ferro introduced the item.
J. Taddeucci and B. Coleman presented the item to the board.
Board Comments:
• J. Gerstle appreciated the work done.
• P. Vitale and D. Ensign agreed.
B. AGENDA TITLE: Update on the scope for phase 2 of the Design and Construction Standards
(DCS) for Transportation
H. Zuckerman, L. Montoya and L. Smith rejoined the meeting.
Board Comments:
• S. Silver said it would be wonderful if the sidewalk issue could be a part of this year’s
discussion.
• H. Zuckerman agreed.
• D. Ensign thanked Community Cycles for their review of the DCS and their suggestions.
C. AGENDA TITLE: 2021 Letter to City Council
Board Comments:
• The board discussed and reviewed the first draft of the Planning Board’s 2021 letter to City
Council. L. Smith and P. Vitale were assigned as editors for the second draft. The board will
resume their discussion at the December 17, 2020 Planning Board meeting.
6. DEBRIEF MEETING/CALENDAR CHECK
7. ADJOURNMENT
The Planning Board adjourned the meeting at 10:35 p.m.
APPROVED BY
___ _______
Board Chair
_____01/21/2021___________________
DATE