Planning and Development Actions
Density Bonus for Congregate Care Facilities
PLAN-Boulder County sent the following letter to the City of Boulder Planning Board on November 16, 2011:
PBC congregate care position.pdf
November 15, 2011
Re: Congregate Care Definition and Use Standards
Dear Members of the City of Boulder Planning Board and Planning Staff:
PLAN-Boulder County has reviewed staff’s proposed amendments to Title 9, “Land Use Code,” Boulder Revised Code, 1981, regarding definitions and use standards for congregate care facilities (11/17/11 Public Hearing Item 5C). We support staff’s proposals with three changes, two to the definition and one to the use standards, all of which work to ensure that the congregate care density bonus is applied to facilities that are genuinely intended to serve the needs of seniors and not used to develop high-priced, luxury condos at triple the density allowed by zoning.
PBC’s Proposed Congregate Care Definition Change
The typical objective of congregate care is to provide, “companionship, organized social activities and, in the event of a health related event, some personal care of a temporary nature. Congregate care facilities typically assist residents with the Instrumental Activities of Daily Living (IADLs): these may include preparing meals, doing housework and outside the facility shopping and health care appointments.”
Few, if any, 60-year-old Boulderites are looking for congregate care and the transportation, meals and housekeeping assistance that come with it. Few, if any, will seek congregate care before retiring. The Social Security Administration currently defines retirement age as 65-67.
According to
LongTermCareEducation.com, congregate care is usually targeted at people aged 75-82. The real estate research firm
Danter Company reports that, ”[T]he median age for people moving into a congregate development is 74, with 75% of all residents moving in at age 71 or over.” They also characterize congregate care facilities as providing services for older adults: “The services usually provided include meals, housekeeping and/or linen service, and organized activities.”
Leaving the minimum age at 60 in Boulder’s congregate care definition will encourage, rather than discourage, the development of luxury condos instead of true congregate care facilities. PBC proposes raising the congregate care residents’ minimum age from 60 to at least 65. We also propose that at least four services be offered to ensure that the facility meets the needs of seniors. Our proposed changes to the congregate care definition are highlighted below:
"Congregate care facility" means a facility for long-term residence exclusively by persons sixty-five years of age or older, and which shall include, without limitation, common dining and social and recreational features, special safety and convenience features designed for the needs of the elderly, such as emergency call systems, grab bars and handrails, special door hardware, cabinets, appliances, passageways, and doorways designed to accommodate wheelchairs, and the provision of social services for residents which must include at least four of the following: meal services, transportation, housekeeping, linen, and organized social activities.
PBC’s Proposed Congregate Care Use Standards Change
According to Building Type Basics for Senior Living by Bradford Perkins, congregate care units range in size from 600 sq. ft. for one bedroom units to 1050 sq. ft. for two bedroom-plus units. Numerous other sources (e.g. here and here) back up this range. Again in an effort to prevent the congregate care density bonus from being used to develop luxury condos at triple the zoned-for density, PBC recommends that the maximum unit size undefinednot the average undefined be set at the staff’s recommended 1,200 sq. ft. Our proposed change to the congregate care use standard is highlighted below:
B.R.C. 1981, Use Standards, 9-6-3(f) Residential Care, Custodial Care, and Congregate Care Facilities:
(4) Congregate care facilities utilizing the occupancy equivalencies found in 9-8-6(g), B.R.C. 1981 must include a minimum of 10 congregate care dwelling units. The dwelling unit size for congregate care facilities shall not exceed 1,200 square feet per unit. Such congregate care dwelling units and square footages may be configured in any way which does not to exceed the densities prescribed in Section 9-8, B.R.C. 1981.
We appreciate the opportunity to provide comment on this issue. Please feel free to contact us if you have any questions.
Ruth Blackmore Chair, PLAN-Boulder County
PBC Position Statement on Compatible Development
Compatible Development Ordinance/ “McMansions”
Adopted April 6, 2009
PLAN Boulder County strongly endorses the city initiative to encourage more “compatible development” in residential neighborhoods. Many surveys and workshops have shown strong citizen support to address accelerating poor “scrapes and pops” that loom over neighbors, present too much mass to the street, unreasonably cut off viewsheds, compromise solar access, cut down far too many trees, and foreclose neighborhood open space. In addition, very large houses may hinder our Climate Action Plan and “carbon reduction” goals by eliminating “embodied energy” in existing buildings, and/or creating large, unused, “energy wasting” spaces in massive buildings.
In addition, many “scrapes and pops” developments fundamentally change the character of a neighborhood, not only physically, but by replacing too many modest houses with homes that only the very wealthy can afford. The spirit and character of Boulder has always been about diversity, and this diversity should include not only racial diversity, but also income diversity, age diversity, and household diversity – all factors that have contributed not only to liveability, but also to our continued economic strength and vitality – Boulder has weathered the recent recession far better than other cities in Colorado.
Whereas Winter and Co. has spent months in workshops, research, and reviewing public opinion (as opposed to only hours spent by
City Counciland Planning Board) – and in respect for Winters and Co. nationally-known reputation for completed submissions in this field – we believe that their recommendations (together with strong and consistent citizen surveys) should be the major template to be followed (with a few exceptions as noted below):
- Most importantly, a sliding scale (up to .45 for a 7000 square foot lot) “floor area ratio” (“FAR”) should be the cornerstone of any future ordinance. Visual preference surveys show that citizens do not want the higher ratio of .55 proposed by the Planning Board – this higher ratio so waters-down the proposal as to make it ineffective. If up to a .45 “FAR” is approved, count covered front porches, and uncovered/covered balconies at half the regular floor area of a home.
- Basement square footage should not be counted, as long as the average exposed height of the basement wall is 18 inches or less below the bottom of first floor joists – basement light and egress can be gained through window wells.
- Eliminate the 20% “bonus” square footage (by review). The “bonus” opens the door to discretionary abuse, and might be regarded in the future as a “use by right.”
- Do not allow new homes to “mirror” a non-conforming adjacent lot wall.
- For a 20 foot high wall at minimum side yard setback, a maximum 35 feet of wall length before a 5 foot offset is required, or reduce the wall height to 12 feet. In addition, add a rear yard setback to the 2nd story of principal structures.
- For building coverage on a lot, maintain a sliding scale and model base number between 30% and 35% for a two-story structure on a 7,000 square foot lot; up to 40% for one-story structures.
- High “loft” ceilings, and high floor-to-floor heights may dramatically increase building mass – include some of this additional mass as “virtual floor area” so as to decrease actual floor area allowed.
- Include a tree planting program for substantial additions/ new construction.
- Include regulations for courtesy notifications to adjacent neighbors.
- Include regulations for accessory structures, with a second floor of accessory structures not to exceed 500 square feet, together with scaled back height. If there is any “exemption bonus” for accessory structures, there must be a clear and permanent “public benefit” for such an exemption.
- Affected zoning areas should include RR-1, RR-2, RE, RL-1, RL-2 (with special provisions for RMX-1).
For additional research, please refer to this City of Boulder web page link.
|
PBC Action on House Size
Letter to the Boulder City Council
April 14, 2008
Mayor McGrath and Members of Council,
PLAN-Boulder County has closely followed the ongoing city discussion of protecting neighborhood character by implementing some action to limit construction of overly large houses. We have attended and participated in all the public meetings, listened to comments from all points of view, read blogs and emails and editorials and letters to the editors.Ê
After this "lively" discussion, we remain convinced of one thing undefined there is a problem that needs to be addressed as soon as possible. Even many of the most determined opponents of the FAR approach to house-size limitations admit that in some cases new houses constructed in established neighborhoods have huge impacts on neighborÕs solar access, view sheds, trees, privacy, and open space. These inappropriate houses fundamentally change the character of the neighborhood. They also are replacing relatively modest houses with houses that only the very wealthy can afford. Finally, they are wasting embodied energy in existing houses and consuming huge amounts of new energy and materials. Clearly all three legs of the community sustainability stool are being overly stressed.
PLAN-Boulder County urges you to continue the course you have embarked upon. An interim or final ordinance in the shortest possible time-frame is essential to preventing a surge of demolition proposals, and to keeping the conversation alive. A number of approaches are available, including the FAR approach, a flat cap on house size, increasing setbacks and bulk limits, enhanced site plan review, much more stringent environmental requirements, special review for neighborhoods with potential for historic designation, transfer of development rights programs, and a tree protection ordinance. For the health and welfare of the Boulder community, it is imperative to keep this moving forward.Ê
We have attached a peer-reviewed article from the Journal of Urban Design led by Professor Jack Nasar from Ohio State University that provides a much needed unbiased perspective on this issue. As you will see, surveys were sent to over 100 cities that have a perceived problem and a sizeable number of those have taken action. Considering the approaches other cities have taken, a viable approach for Boulder might be to establish a threshold, perhaps 125% of the mean square footage of all houses within 1500 ft (as the County has used for its neighborhoods). Above that threshold site plan review by a subcommittee of the Planning Board would review the proposal for impacts on housing stock, neighborhood character, and environmental impacts such as materials, trees, green space, and open areas. Rather than site plan review, this process could be termed "Community Sustainability Review." This kind of process could be implemented quickly and would allow consideration of cases where modest expansions might be prevented by indiscriminate application of a set formula such as FAR.
The seven council members elected last fall all pledged to take action on this important issue (as did most of the other candidates who did not get elected). Excerpts from PLAN-Boulder County questionnaire responses follow this letter and speak for themselves. These questions came up at nearly every election forum. Citizens are concerned and the fall election was at least in some sense a referendum on this issue. Forty angry developers and frightened homeowners speaking out to the Planning Board does not alter the fact that most citizens want a new policy on pops and scrapes.
PLAN-Boulder County supports you in your efforts and encourages you to pursue a fair and practical policy that will solve this matter and its attendant problems.
Sincerely,
Pat Shanks, chair
for the PLAN-Boulder County Board
|