Some possible questions for the meeting with Tom Carr. Each part is the proposed BRC revision or amendment, then followed by some questions:
Section 4: Section 9-8-5 is amended as follows:
(d) A dwelling unit licensed as a Cooperative Housing Unit pursuant to Section 10-11-3 “Cooperative Housing Licenses,” BRC 1981, shall not be subject to the occupancy limits set forth in this section.
Question: Surely they are not exempt from all occupancy limits – aren’t there still health and safety codes that would apply? Don’t there have to be sufficient legal bedrooms for 12 people?
Section 6. The following new definitions are added to Section 10-1-1:
Area Median Income shall have the same meaning as set forth in Section 9-16-1, “General Definitions,” B.R.C. 1981
Cooperative means a housing arrangement in which residents share expenses, ownership or labor.
Cooperative housing unit means a dwelling unit in a Private Equity, Group Limited Equity or Rental Cooperative.
10-11-1. Legislative Intent
The City Council seeks to balance the benefits of cooperative living against the impacts from the increased density that comes along with cooperative living. The City Council is also concerned about the cooperatives competing in a tight housing market with families seeking single family homes. The City Council intends to monitor the implementation, affects, and results of this ordinance.
1) Please explain how anything in this ordinance mitigates the impacts from increased density or the competition for single-family housing.
2) How will City Council “monitor” the effects and results of this ordinance?
10-11-3. Cooperative Housing Licenses
(d) No cooperative housing unit may locate within five hundred feet of from the property boundary of another cooperative housing unit…
1) Does this buffer requirement include existing co-ops such as Masala, Ostara, etc. that are not licensed under this ordinance? If not, why not?
2) Is that measurement from property boundary to property boundary, or is it from the building of one co-op to the property boundary of the other co-op?
10-11-4. License Application Procedure for Cooperative Housing Licenses.
10-11-11. – Parking Management Plan Required.
Each applicant for a cooperative housing license shall prepare a parking management plan. Approval of any such plan shall be a condition of issuance of any cooperative housing license. The plan shall limit the number of automobiles to be parked in the public right of way to three. associated with the property to no more than four vehicles per license.The parking management plan shall include a list of all vehicles to be associated with the property. The list shall include the name of the owner, the make and model and the license plate number of all vehicles to be located at the cooperative housing unit. An agreement by the licensee to require that all residents have a local bus pass with the Regional Transit District may be included in such a plan, but is not required.If the cooperative housing unit is located in a Neighborhood EcoPass district, the plan shall include a requirement that each resident who licensed to drive, acquire an EcoPass.
1) What if the coop members own 5 vehicles, and say that 2 of the vehicles aer not “located at the cooperative housing unit”, but in fact are parked around the corner or on the other side of the block? Is that a violation of the requirement?
2) Does the number of vehicles parked in the right of way include visitors/guests?
3) How will the city be able to enforce this? Will the list of vehicles and license plates be made publicly available so that the neighbors can call in a suspected unauthorized vehicle?
10-11-12. Compatibility with Neighborhoods
A cooperative my be considered incompatible with the neighborhood if the city manager receives multiple complaints relating to parking on the public right of way, noise, trash, or weeds in any twelve month period.
1) Why is this limited to only those four types of complaints? Why not specify any type of complaint, especially including but not limited to animal control violations, excess occupancy, illegal short-term rentals, illegal activities, endangerment, building code violations, etc.?
10-11-13a. – Property Rights for Equity Cooperatives
Cooperatives that are licensed pursuant to this chapter will have the following status under Title 9, “Land Use Code,” B.R.C. 1981:
(a) Equity Cooperatives. Any licensed limited equity cooperative or private equity cooperative is considered a use of land for the purposes of Chapter 9-6, “Uses of Land,” B.R.C. 1981. If the city changes its land use regulations, such cooperatives shall have the privilege to continue as non-conforming uses under the requirements in Section 9-10-3, “Changes to Nonstandard Buildings, Structures, and Lots and Nonconforming Uses,” B.R.C. 1981, provided that all of the requirement of the Boulder Revised code continue to be met.
10-11-14. – Legitimate Cooperatives
(a) The city council intends that all licensed cooperatives be legitimate cooperatives. A legitimate cooperative is a group living arrangement in which the residents have a high degree of social cohesion and teamwork. The residents typically govern through consensus and share responsibilities and resources. New members are typically selected by the community’s existing membership, rather than by real estate agents, property managers or non-resident landowners.
(b) All applicants for cooperative housing licenses shall demonstrate and as part of the licensing process that the community to be formed will be a legitimate cooperative. A legitimate cooperative is an organization formed under Colorado law that, in addition to any other criteria adopted by the city manager, has the following:
(1) a documented governance structure;
(2) a list of members; and
(3) bylaws that provide for the following:
(A) provisions prohibiting discrimination or harassment; (B) a provision requiring regular meetings of all members; (C) a democratic decision-making structure;
(D) provisions for discipline or discharge of members; and (d) provisions for sharing of resources.
(c) The city manager shall designate one or more Expert Cooperative Housing Organizations with 90 days after final adoption of this ordinance. An applicant shall seek training and certification by an Expert Cooperative Housing Organization. An applicant shall submit evidence of such training and certification as part of an application for a cooperative housing license.
1) Who pays for the operations of the “Expert Cooperative Housing Organization”? The co-op applicants, or the city’s taxpayers?
2) The information contained in the co-op certification and license is spread over several sections of the ordinance. Will all of it be publicly available?
3) Shouldn’t there be some prohibition against co-ops hosting short-term rentals, hostels, and the like?
4) Is there any requirement to ensure that the “expert cooperative housing organization” does not discriminate against prospective co-ops that don’t share their particular philosophy?
5) Is there anything in here to prevent the establishment of “luxury co-ops”? If all the residents share the cost of a housekeeper, cook, concierge, etc, would it still meet the criteria of this ordinance?