September 9, 2024
RE: Better Boulder Position on City of Boulder Zoning Changes – Family-Friendly Vibrant Neighborhoods

Dear Mayor Brockett, Members of City Council, Members of Planning Board, Members of Housing Advisory Board:

Better Boulder has been closely following the progress in proposing and implementing zoning adjustments aimed at addressing our region’s affordability challenges. As a coalition of engaged business owners and community members, we recognize that evolving our community’s land-use policies is a crucial component of the comprehensive regulatory and fiduciary solutions required for optimal outcomes. This area of policy adjustment is particularly vital and necessary for progress.

Moreover, we find it inspiring to expand the goals of this effort beyond mere affordability. Purposefully creating more family-friendly and vibrant neighborhoods aligns seamlessly with Better Boulder’s mission to foster vibrant, livable, sustainable, and connected communities. We have long advocated for policies that encourage our new and existing neighborhoods to become more walkable, bikeable, interactive, and less car-dependent. This goal, often referred to as 15-minute neighborhoods, better serves the needs of all residents, particularly children, families, and those with accessibility challenges. While a nearby coffee shop is often cited as an example, true 15-minute neighborhoods must offer essential services for daily living—convenient access to grocery stores, pharmacies, eateries, libraries, and more—which will help reduce driving and increase walking and biking.

These zoning changes are a necessary component of a robust middle income housing strategy. We encourage the city to further expand and refine this strategy once these municipal code changes are in place. Boulder has made significant progress in addressing the housing needs of residents with the greatest economic challenges through the existing Inclusionary Housing program, which has made a significant impact on households who earn no more than 60% of AMI. As we continue to look for ways to address the needs of middle-income households, defined as up to 120% of AMI, increasing the availability of diverse and affordable housing types to this population is key. Better Boulder believes that, in conjunction with appropriate zoning, the city must provide incentives for diverse missing-middle housing solutions.

We urge the relevant Boards and Commissions (Housing Advisory Board, Planning Board) and the City Council to remain open to the innovative ideas presented by city staff and to seek opportunities to enhance these proposals as they are incorporated into Boulder’s municipal code.

The timing of this initiative is compelling, as it is informed and guided by the ongoing revision of the Boulder Valley Comprehensive Plan (BVCP). With the major 2025 update to the BVCP underway, there will be invaluable insights into how the document can be refined to achieve long-sought outcomes, such as the development of 15-minute neighborhoods and housing pilots.

We encourage those involved in the BVCP revisions to apply the lessons learned from this round of updates to city code, aiming to create policies that more effectively guide Boulder’s future toward these desired outcomes. We support replacing intensity, form, and bulk standards focused on dwelling units (DUs) per acre with square footage/floor area ratio standards, as this approach offers greater flexibility in accommodating diverse residential needs and housing types within the same built-out envelope.

Regarding the specific suggestions being proposed, we offer the following comments:

  1. Add RMX-1 to the scope of the project: Lowering the current 6,000 square foot per DU requirement to allow for more homes is a much-needed change, and we are glad to see this addressed. This proposal will reduce the number of non-conforming multi-unit buildings and allow for reasonable new construction and reconfiguration of existing structures to accommodate additional families. We support considering a calculation as low as 1,500 sf/DU, beyond the current recommendation of 3,000.
  2. Add RM-1 to the scope of the project: Under the constraints of the BVCP, we commend city staff for their excellent analysis demonstrating why moving away from the open-space per DU requirement is desirable. We believe reducing the 3,000 sf/DU open space standard to 2,000 sf/DU is well justified for this medium-density zone, where many multi-unit buildings exist. The analysis indicating that this change could yield up to 800 additional housing units is very promising.
  3. Opportunities in lower-density areas: Phase I of zoning for affordability made initial strides toward allowing more multi-unit structures in lower-density zones. The changes proposed here significantly enhance these possibilities. For instance, large areas within RL-1 zones have lots just over 8,000 sf. In these areas, there will be opportunities for duplexes if the new standard is 4,000 sf per DU. We support these changes.
  4. Explore additional restrictions on low-density residential zones: We agree with staff’s analysis that restrictions intended to encourage owner occupancy through zoning could result in more negative than positive outcomes. Boulder should continue exploring ways to encourage missing-middle home ownership through zoning changes, like the ones mentioned above, which increase housing-type availability and choices. These changes should be complemented by programs that provide financial assistance and other incentives to enable middle-income families to live in Boulder.
  5. Exemption for missing middle housing: Better Boulder supports streamlining site-review processes to encourage better and more affordable outcomes. An exemption for permanent affordability targeting populations earning up to 120% of AMI is the right thing to do. We encourage Planning and Development staff to continue seeking opportunities to incentivize affordability by not just reducing approval steps, processes, and costs, but also consider addressing affordability beyond the most economically challenged groups. It would be a huge step forward to include families and individuals of modest means who work, who recreate, and who support businesses and services in our city.
  6. Further analyze reducing and fine-tuning site-review thresholds: Better Boulder supports process changes that can encourage more housing in commercial hubs, industrial zones, and existing residential zones.
  7. Allowing residential FAR in Industrial Zones for R&D and other uses: We are pleased to see fine-tuning regarding the appropriate areas for residential use in industrial zones and the retention of R&D use as a housing opportunity.

As is the case with any residential zoning initiatives, residents may be alarmed if they fear there could be massive and rapid changes in their neighborhoods. It is therefore crucial for the public to understand that the expected rate of change is gradual. Boulder’s experience with relaxing ADU restrictions, for instance, has not led to a sudden proliferation of ADUs. The rate of change has been quite measured, as numerous factors influence residents’ decisions to reconfigure their living spaces.

Beyond the areas analyzed in this phase, we recommend considering the following for future work, potentially requiring BVCP guidance in its next revision:

  • Density Calculations: Allow duplexes and triplexes to count as a single dwelling unit for density calculations such as lot area/DU, similar to what is currently the case for Efficiency Living Units.
  • Open Space and Public Realm: Observations from cities like Seattle and Portland suggest that as incremental development occurs, two crucial form factors are usable open space (to maintain the feel of a garden city) and street frontage/public realm. We encourage Boulder to explore how traditional zoning methods and form-based codes can result in truly iconic public spaces.
  • Transit-Oriented Development: Better Boulder has supported statewide land-use legislation aimed at addressing Colorado’s housing challenges. We commend city staff and leadership for proactively aligning with these statewide initiatives. Additional work will be needed to create more density along transit corridors, as current zoning boundaries were not designed with this concept in mind. Achieving our transit-oriented development goals may require more flexibility in specifying where, within a particular zone, increased density is encouraged.

In addition to housing, transportation, and environmental advocates, Better Boulder’s membership includes business owners and developers with significant expertise in how policy changes may impact the feasibility of excellent projects. The interplay between profitability and community benefit is central to making our land-use policies work best for all community members. As always, Better Boulder values being a resource and engaging in dialogue on initiatives like Family-Friendly Vibrant Neighborhoods.

Thank you for your consideration, and for all you do,
Better Boulder