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PO Box 20646 Boulder, CO 80308 Ph: 720-222-9602 Email: info@bouldertomorrow.com
Web: www.BoulderTomorrow.com Twitter: @bouldertomorrow
The Best Business Ideas Shaping Boulder's Future
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.

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9.2.15 Boulder Ballot Issues 300 & 301

  • 1. PO Box 20646 Boulder, CO 80308 Ph: 720-222-9602 Email: info@bouldertomorrow.com Web: www.BoulderTomorrow.com Twitter: @bouldertomorrow The Best Business Ideas Shaping Boulder's Future 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>>>
  • 2. 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.
  • 3. 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.