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

Background

On September 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.

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 January 17, 2025. On January 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 September 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 will begin on January 17, 2025, and end date on July 17, 2025, unless extended by further resolution.

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 January 17, 2025 – Any complete application for development accepted and being processed by the Community Planning & Permitting Department by January 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 January 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.

Contact

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