April 23, 2025
Commissioners Approve New Residential Size Limits to Address Affordability, Sustainability, and Neighborhood Compatibility
Updates to the Boulder County Land Use Code take effect on May 13, 2025, with Temporary Moratorium on certain applications to end May 13, 2025
Key Points:
- The commissioners made a change to Boulder County's Land Use Code.
- The change impacts the size of new residential buildings in unincorporated Boulder County.
- This change only applies to land within the unincorporated areas of Boulder County. It does not apply to incorporated cities or towns (i.e. Boulder, Louisville, etc.).
- To receive this information in another language, please contact Gloria Handyside at 303-441-1622 or ghandyside@bouldercounty.gov.
Boulder County, Colo. -- The Boulder County Commissioners approved (in a 2-1 vote) text amendments to the Land Use Code related to Site Plan Review (SPR) during a public hearing yesterday (Tuesday, April 22). A recording of the public hearing is available.
The changes to the regulations are intended to provide more certainty, preserve neighborhood character, slow the loss of more modestly sized homes that contribute to overall housing affordability, and help the county meet its sustainability objectives.
The Community Planning & Permitting staff engaged with residents, builders, architects, and other interested parties throughout the public process starting last year. During the Public Hearing on Tuesday, members of the public also had the opportunity to share their views.
The updated Land Use Code regulations will take effect on May 13, 2025, and the county’s current temporary moratorium on processing applications for development larger than the median Residential Floor Area within the defined neighborhood will also end on May 13, 2025.
The SPR regulations in effect at the time of the Marshall Fire will apply to Marshall Fire rebuilds until Article 19-500 of the Code expires in March 2027. Additionally, projects with a valid approval prior to the effective date of the new regulations are also not impacted by the changes.
Background
On Sept. 17, 2024, the Boulder County Commissioners authorized staff to pursue text amendments to Article 4-800 of the Boulder County Land Use Code related to Site Plan Review in Docket DC-24-0003.
At a public hearing on Sept. 17, 2024, the commissioners enacted a temporary moratorium on Boulder County’s processing of applications for development larger than the median Residential Floor Area within the defined neighborhood in unincorporated Boulder County. This temporary moratorium began on Jan. 17, 2025.
The commissioners expressed concerns with increasing house sizes and the rate by which they are increasing in unincorporated Boulder County. The current regulations consider residential development up to 125% of the median residential floor area to be compatible with the defined neighborhood.
Staff were directed to explore changes to the SPR regulations to better address neighborhood character, sustainability, and affordability. Specifically, staff were authorized by the commissioners to explore the following changes to the SPR regulations:
- Replacing the current presumed compatible size from 125% of the median of a defined neighborhood with a size limitation that is the median of a defined neighborhood;
- Changing what is currently a size presumption (that potentially could be overcome to get a larger size in certain circumstances) to a size limitation based on the median of a defined neighborhood; and
- Clarifying the regulations to improve processes, increase the public’s ability to navigate the regulations, and provide greater certainty regarding potential development to applicants and neighbors.
Staff used the following communication, outreach, and engagement strategies during the update process:
- Hosted a community open house on Dec. 10, 2024, to provide interested members of the public an opportunity to learn more about the SPR process and provide their thoughts and feedback on changes to the Land Use Code regulations.
- Participated in two small group meetings at the request of members of the Niwot community and the design community (e.g., architects, builders) to discuss concerns about potential changes to the SPR regulations, receive feedback, and hear from the community about their ideas.
- Participated in the January Planning Commission meeting to provide Planning Commissioners and members of the community an overview of the current SPR regulations. This was an informational item, and no public testimony was taken.
- Sent news releases and updates informing members of the public how participate in the process, and to view and comment on the draft regulations released at the end of February.
- Sent a referral to all homeowners’ associations for which staff have contact information.
- Presented the proposed test amendments at the March Planning Commission Public Hearing. Public testimony was taken.
Questions on the changes may be submitted online, or by emailing planner@bouldercounty.gov, or by calling 303-441-3930
Subscribe to Land Use Code News to receive updates via email or text message.
