DC-19-0003: Land Use Code Text Amendment to Articles 3, 9, and 18

Public Meetings & Hearings

Approval of Text Amendments to the Land Use Code Related to Articles 3, 9, 18 by the Board of County Commissioners (BOCC)

On August 22, 2024, the Board of County Commissioners (BOCC) approved Docket DC-19-0003: Land Use Code Text Amendment to Article 3, 9, and 18. This Code update simplifies and clarifies the Subdivision Exemption (SE) and Exemption Plat (EP) processes, as well as the criteria for each. It also expands the administrative process of SEs and EPs, which reduces the need for BOCC hearings. Simplifying these processes will help property owners better understand the requirements and procedures and navigate the regulatory framework.

House Bill 19-1274 expanded the BOCC’s authority to allow county administrative officials to review and approve subdivision exemptions. Prior to this bill being adopted, the Director was not able to issue these land use determinations without the Board’s approval if there were conditions of approval recommended. By delegating this authority to the Director, staff believes this Code update will streamline the SE/EP decision making process and utilize BOCC hearings when appropriate. Expanding the administrative SE/EP process will significantly reduce processing times and administrative burdens, allowing for quicker resolutions and more efficient use of county resources.

A definition of Townsite was proposed to be added to the Code. This term has been used within the Code, but no definition existed until this update. Townsites are areas that have a map that laid out lots, but which predate subdivision regulations and standards. Without changing current practice or policy, the addition of a definition of a Townsite will enhance transparency and facilitate better planning and development processes within Townsites.

Resolution 2024-065-DC-19-0003: Land Use Code Text Amendment to Article 3, 9, and 18 was adopted at a Business Meeting of the Board of County Commissioners, on September 10, 2024.

• View Resolution 2024-065, effective August 22, 2024

For more information on the research and analysis behind DC-19-0003: Text Amendments to the Land Use Code Related to Articles 3, 9 and 18, please review the Boulder County Board of County Commissioners Public Hearing Staff Report for August 22, 2024.

Background

Subdivision Exemptions (SEs) and Exemption Plats (EPs) are important tools in the county’s planning framework. They provide flexibility, allowing for adaptation to specific local needs and unique circumstances while maintaining the county’s overall planning objectives. For example, if two property owners want to go through a small Boundary Line Adjustment, SEs and EPs provide an easier method than going through a full subdivision review.

On July 2, 2019, and November 29, 2022, the Board of County Commissioners (BOCC) authorized the Community Planning & Permitting Department to pursue text amendments to Articles 3, 9, and 18 of the Boulder County Land Use Code (the Code), which regulate Building Lots, Lot Mergers, Subdivision Exemptions (SEs), and Exemption Plats (EPs). Staff have been working on this update since 2019 with significant interruptions due to the COVID-19 pandemic, Marshall Fire, staff changes, and expansion of the scope of the update in 2022.

Subdivision Regulations were adopted along with the Zoning Resolution in 1954 and have since gone through several major updates. SEs, which are changes that can be made to properties without the full Subdivision process, did not exist in early versions of the Code. The process was developed after state statutes granted boards of county commissioners the ability to make changes to property, through an exemption process, which did not fall within the purposes of the County Planning Act. This is an ‘exemption’ from the application of the subdivision regulations for Unsubdivided Land. The county has records of SEs as early as 1972 (SE-72-1), in which a defined process for regulating SEs was in place, similar to how we operate these land use applications today. State statutes on SEs and EPs have evolved and now allow boards of county commissioners to delegate the authority to approve (with conditions if necessary) these applications. This update sought to expand the administrative process for SEs and EPs.

Past Public Meetings

Planning Commission Public Hearing – July 17, 2024

Staff presented proposed updated language in Article 9 (Building Lots, Mergers, Subdivision Exemptions & Exemption Plats) to simplify and streamline the SE/EP process, introduce a definition for Townsite in Article 18 to help resolve issues around what a Townsite is considered in the County., and make necessary revisions in Article 3 of the Code to incorporate the changes made in Article 9.

• View the staff report packet for July 17, 2024.

Following staff’s presentation, the Planning Commission opened the floor for public testimony on the proposed regulations during the public hearing, but no public testimony was received.

The Planning Commission discussed Docket DC-19-0003 and recommended that the Board of County Commissioners approve Docket DC-19-0003 Text Amendments to the Land Use Code Related to Subdivision Exemptions, Exemption Plats, and Townsites.