Meeting Minutes
Boulder Town Planning Commission
Regular Meeting
January 11, 2007, 7:00 p.m.

Commissioners present: Elaine Roundy, Ray Gardner, Brian Dick, Eric Feiler, and Mike Nelson. Commission Clerk, Peg Smith, took minutes.
Members of the public included Sergio Femenias, Tim Clarke, Cookie and Pete Schaus, Mark Nelson, Don Montoya.
Meeting Agenda
¬ Approve December 14 minutes
¬ Welcome new member, Ray Gardner
¬ Discuss rental proposal by Bill Muse and Blake Spalding

Brian called the meeting to order at 7:03 p.m. The Commissioners reviewed the December 14 minutes. Mike moved to approve the minutes with a minor correction, Elaine seconded the motion, and all approved.

Welcome New Member
Brian welcomed Ray to the Commission and gave him a copy of the planning booklet from the League of Cities and Towns along with the notebook and materials passed along by former commissioner, Connie Reid.

Discuss Muse/Spalding Rental Proposal
Bill Muse has purchased Julie Ketchum’s house in Lower Boulder, which is currently in an area zoned for low density, single family dwellings. Blake Spalding is interested in buying it as a place to house Hell’s Backbone Grill seasonal workers. Although neither Bill nor Blake were at the meeting to present additional information, they had requested this item be on the agenda for general discussion. The following notes summarize the content of the discussion:

Can this usage be allowed via conditional use permit? Mike said that the matter would be subject to a public hearing prior to any approval of such a permit. Eric said that the land use table in the current zoning ordinance would not include this type of usage. Use of a variance was discussed, then dismissed, because issuance of a variance requires evidence of some real hardship. Changing the Table of Uses in the zoning ordinance would also require a public hearing.
Brian said it doesn’t make sense to rezone an area for a single situation. And if such an action were taken, it would have to apply equally for others.
 Eric said he favored finding some way of enabling this usage, even as a short-term solution, to deal with a real housing shortage and potential septic problems.

Mark Nelson said there is a difference between providing employee housing and just renting a house; the one usage should be defined as employee housing. He did not approve of establishing precedent spot rezoning just because there is a need. He commended Blake for being willing to invest her own money to help solve her problem, but he said if this becomes an accepted use, then anyone can do the same anywhere in town. “You’d have to have pretty good reasons to deny one if it’s allowed elsewhere.” Mike replied that adding a new use to the Table of Uses in no way means that the issue would spring up everywhere.

Eric said that his understanding of conditional use would include this case. The Planning Commission isn’t required to give conditional use to everyone, that its whole basis is, in fact, looking at specific situations and establishing the conditions that would bind the applicant, first assuming a public hearing (which includes notification to adjacent landowners). He reminded everyone that the Town is currently in the process of reviewing all ordinances for concurrence with state law, and this is a way for a short–term fix. Mark repeated his concern saying that using conditional use in this manner was invented here because nobody wants zoning, but it’s full of weaknesses and problems.

Sergio asked Mark what he meant by “thinking through” a long-term fix, when the Commission has, in fact, discussed the issue repeatedly. Eric agreed, saying that the Commission spent two hours last month talking about use of zoning or conditional use to handle certain situations, and the housing problem, in particular, has been discussed in numerous past Commission meetings. He indicated a certain amount of frustration at the process the Commission is expected to take, announcing a discussion, discussing, deciding, and then someone comes in and gets upset. “I think we all recognize the potential weaknesses and abuses, but in the meantime people are going to be living illegally.”

Brian questioned how all possible uses could be included in a table of uses, but Mark said that Bruce Parker [the person reviewing the Town ordinances] has said clearly that you need to spell everything out what you’re going to allow and how you’re going to allow it.

Eric thought the idea of a Town Center that’s already platted and zoned for higher density could be the logical starting point, and we zone out from there. Mark said that private house rentals aren’t a problem. “It’s the employee housing issue, and it should be defined as a commercial use.”

Pete said that looking at an ordinance change is a long-range issue, and that using conditional use could be a short-term solution. Conditional use applications are reviewed on a case-by-case basis and are allowed to be revisited by the town once a year. But Mark argued that you can really only look at design items, such as road access, parking, etc. “You can’t be rejected because one person comes in and say ‘I don’t want it.’ Conditions have to be specific and technical. For example, adequate parking, meets health standards, hydrants. Also, it’s a misconception that a conditional use is a temporary fix. You won’t get out from under it.”
 Enforcement of any housing decision is a continuing issue. Ray said the appropriate way for ordinances to be enforced is for town to have the city attorney write a letter requiring compliance and stating a time frame. For some, that takes care of the problem, and for others it doesn’t. The Town would then pursue a court order and Ray’s role would be to serve the papers. “But I agree with Mark, he said, “that these things need to be applied evenly or there is no credibility in the organization. No one wants to step up and be the bad guy. I am on a regular basis and it’s no fun. But city council has to initiate it.” Pete said too that this action only happens when an official complaint has been received. “People gripe, but no one has formally complained.”

The next scheduled meeting is February 8.

Elaine moved to adjourn the meeting, and Eric seconded the motion. Brian adjourned the meeting at 8 p.m.

Margaret Smith, Planning Commission Clerk Date

Approved:_________________________________ Date:______________________________________