Call Up of 3303 Broadway Jan 3rd

Boulder City Council will decide whether to call up the 3303 Broadway project on Jan 3, the same night they take final public comment on the coop ordinance.  Some notes about the call-up procedure and possible arguments by the proponents follow:

Procedures for public testimony with call ups:

Typically the decision on whether to have the hearing happens early in the City Council meeting.  If they decide to go ahead with the call-up, then the actual hearing happens later in the meeting.

So people could come early and sign up to speak under the “Open Comment” period, urging the Council to not call-up the project, but to respect the decision of Planning Board and recommendation of the Planning Department to reject the project.

Then, if the Council decides to call up the project anyway, the same people can sign up to speak during the actual hearing later in the meeting.

The Developer’s case:

Below is the criteria under which the developer of the 3303 Broadway project will base her appeal.   Tailor your opposition arguments accordingly.

Before a rezoning may be approved council has to find that (A) the proposed rezoning is consistent with the policies and goals of the Boulder Valley Comprehensive Plan and (B) one of six criteria listed below is met:

  1.  The applicant demonstrates by clear and convincing evidence that the proposed rezoning is necessary to come into compliance with the Boulder Valley Comprehensive Plan map;
  2. The existing zoning of the land was the result of a clerical error;
  3. The existing zoning of the land was based on a mistake of fact;
  4. The existing zoning of the land failed to take into account the constraints on development created by the natural characteristics of the land, including, but not limited to, steep slopes, floodplain, unstable soils and inadequate drainage;
  5. The land or its surrounding environs has changed or is changing to such a degree that it is in the public interest to encourage a redevelopment of the area or to recognize the changed character of the area; or
  6. The proposed rezoning is necessary in order to provide land for a community need that was not anticipated at the time of adoption of the Boulder Valley Comprehensive Plan.

The developer will argue that criteria (5) and (6) are met. That is, she will say that the area around the intersection of Iris and Broadway has changed so much over time that a change in zoning is warranted, and that her proposed high-density residential project meets a community need for housing.

Read these op-eds in the Daily Camera for some compelling arguments against these claims: