DC-24-0003: Text Amendments to the Land Use Code related to Site Plan Review (Article 4-800)

Board of County Commissioners Public Hearing and Approval

On April 22, 2025, the Board of County Commissioners held a Public Hearing on the proposed text amendments to the Land Use Code related to Article 4-800 Site Plan Review, and any other related Articles and provisions necessary to integrate these changes. After the staff presentation, public testimony, and deliberation, the Commissioners approved (in a 2-1 vote) the text amendments to the Land Use Code. View the recording of the public hearing.

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 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.

View the news release: Commissioners Approve New Residential Size Limits to Address Affordability, Sustainability, and Neighborhood Compatibility.

Documents:

• Staff Packet – Docket DC-24-0003, April 22, 2025

Draft Site Plan Review Regulations

After conducting additional research, reviewing neighboring jurisdictions’ regulations, and receiving input from the public, staff has drafted proposed text amendments to Article 4-800 of the Boulder County Land Use Code, as well as relevant changes to Article 2, 4, and 18. Staff is requesting public input on these drafts.

You may review the proposed Site Plan Review text amendments below, as of Feb. 24, 2025. You will find the existing Land Use Code language in the draft. Strikethroughs indicate text that has been removed while an underline identifies text that has been added. In addition to the proposed text amendments, staff has included a summary of the proposed changes.

The docket review process for the proposed Text Amendments to the Land Use Code will include a public hearing before the Boulder County Planning Commission and the Boulder County Board of County Commissioners (following recommendation from the Planning Commission). The Planning Commission Hearing is scheduled to occur on March 19, 2025.

Confirmation of the anticipated public hearing dates and times will be published online and in local newspapers.

Documents:

• Proposed Site Plan Review Regulations – DC-24-0003, Feb. 24, 2025
• Summary of Proposed Site Plan Regulations – DC-24-0003, Feb. 24, 2025

Past Public Meetings and Hearings

Planning Commission Public Hearing – March 19, 2025

The Boulder County Planning Commission recommended to the Board of County Commissioners (BOCC) DENIAL of Docket DC-24-0003: Text Amendments to the Land Use Code related to Site Plan Review (Article 4-800) and certified the Docket for action to the BOCC. They also requested that the BOCC withdraw Resolution 2024-070, “A resolution imposing a temporary moratorium on processing applications for residential development over the median Residential Floor Area within the defined neighborhood in the unincorporated county pending consideration of Boulder County Land Use Code amendments.”

Documents:

• Agenda and Video: Planning Commission Public Hearing, March 19, 2025
• Document: DC-24-0003 staff report, March 19, 2025

Planning Commissioners Public Meeting – Jan. 15, 2025

On Jan. 15, 2025, staff provided the Planning Commission with an overview of the Site Plan Review regulations and process. The purpose of this discussion was to inform Planning Commissioners and interested members of the public about the current regulations and process, in anticipation of a forthcoming Land Use Code text amendment to these regulations.

Documents:

• Agenda and Video: Planning Commissioners Public Meeting, Jan. 15, 2025
• Meeting Materials: Planning Commissioners Public Meeting, Jan. 15, 2025

Community Open House on Changes to Site Plan Review (SPR) Regulations – Dec. 10, 2024

Members of the public who are interested in learning more about SPR and providing their thoughts on changes to the regulations were encouraged to attend this in-person open house.

Meeting Documents and Video Recording:

• SPR Poster Boards: Community Open House, Dec. 10, 2024
• Presentation: Community Open House, Dec. 10, 2024
• Video Recording: Concepts for Short-Term Dwelling and Vacation Rental Update

Background

On Sept. 17, 2024, the Board of County Commissioners authorized staff to pursue text amendments to Article 4-800 of the Boulder County Land Use Code related to Site Plan Review.

Documents:

• Authorization under Article 16-100.A of the Boulder County Land Use Code for Text Amendments to the Land Use Code related to Site Plan Review (Article 4-800)

Please note that the proposed changes to the Boulder County Land Use Code are for unincorporated areas of Boulder County, not in cities like Boulder or Longmont. Boulder County’s unincorporated areas are comprised of the rural, mountainous and plains communities that are not part of any incorporated municipality.

The Board of County Commissioners has 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 have been directed to explore changes to the SPR regulations to better address neighborhood character, sustainability, and affordability. Specifically, staff were authorized by the Board of County Commissioners to explore the following changes to the SPR regulations:

• Reducing the current compatible size from 125% of the median of a defined neighborhood to 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;
• Clarifying the regulations to improve processes, increase the public’s ability to better navigate the regulations, and provide greater certainty of outcomes for applicants.

As part of this process, the Boulder County Commissioners also enacted a temporary moratorium that will become effective on Jan. 17, 2025. On Jan. 17, 2025, Community Planning & Permitting will temporarily pause accepting applications for proposals that will result in a size over the median. The moratorium will be in effect for six months while changes to the Land Use Code are considered. You can learn more details about the temporary moratorium below.

During this time period, the Community Planning & Permitting Department will engage with residents, builders, architects, and other interested parties while they consider changes to the Boulder County Land Use Code Article 4-800 Site Plan Review (SPR). To get involved in this process, sign up for Land Use Code News.

Temporary Moratorium

At a public hearing on Sept. 17, 2024, the Boulder County 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 six-month temporary moratorium began on Jan. 17, 2025, and will end on July 17, 2025, unless extended by further resolution.

Documents:

• Meeting agenda, packet and video: BOCC Public Meeting, Sept. 17, 2024

What projects can proceed?

Residential development below a defined neighborhood’s median will not be impacted by the moratorium. Building permit applications may be approved if there is an effective Site Plan Review or Site Plan Review Waiver having approved the proposed Residential Floor Area. If the median Residential Floor Area of a defined neighborhood is below 2,500 square feet, this temporary moratorium only applies to proposed development that exceeds 2,500 square feet.

This temporary moratorium also does not apply to the following:

• Applications accepted prior to Jan. 17, 2025 – Any complete application for development accepted and being processed by the Community Planning & Permitting Department by Jan. 17, 2025, which may continue to be processed and reviewed as provided in the Boulder County Land Use Code.
• Approved applications – Any application for development already approved by the Community Planning & Permitting Department prior to Jan. 17, 2025, where such approval is validly maintained thereafter.
• Marshall Fire or Stone Canyon Fire rebuilds – Applications submitted to restore homes that were damaged or destroyed by causes outside the control of the property owner as set forth in Article 4-802.B.3 and 19 of the Code.
• Additions and remodels that don’t exceed the median Residential Floor Area of a defined neighborhood.
• Modifications to existing approvals, provided the resulting total residential floor area does not exceed the median Residential Floor Area for the defined neighborhood, as defined in Article 4-806 of the Code.
• Development which possesses either a statutory or common law vested right.

If you have questions about your project and if it will be impacted by the temporary moratorium, please contact a planner at 303-441-3930 or planner@bouldercounty.gov.

Project Contact

Ethan Abner, Long Range Planner II
303-682-6892
eabner@bouldercounty.gov