Changes Proposed for "Site Plan Review" Regulations in the County
These proposed changes would affect all homeowners in the unincorporated County who might want to add space to their residences in the future.
Written comments to Planning Commission are due March 11 (Tuesday) and the hearing is March 19.
The County Commissioners asked staff to propose changes to the land use code to reduce the trend of increasing house sizes in unincorporated areas. The Commissioners' concerns are that this trend adversely impacts affordability, neighborhood character, and sustainability.
On January 17, 2025, the County Commissioners began a 6-month moratorium on accepting applications for houses above the median square footage for the defined neighborhood. Consideration of changes to the land use code is to occur in this moratorium period.
From a February 25 email from the County: A draft of the proposed regulations and a summary of those regulations has been posted on the docket webpage. If you have any thoughts or comments regarding the proposed regulations, please feel free to send them to this e-mail [longrange@bouldercounty.gov]. Written comments received before March 11, 2025, will be included in the staff packet for the Planning Commission hearing which will occur on March 19, 2025. This will be a public hearing where members of the public are invited to comment on the regulations. Additional information will be available on the docket webpage when we get closer to the date of the hearing.
The changes proposed by staff are in Article 4 Section 800 of the County Land Use Code. The changes would:
Reduce the current compatible size from 125% of the median of a defined neighborhood [our emphasis added] to just the median of a defined neighborhood;
Change what is currently a size presumption (that allows more floor area in certain circumstances) to a size limitation based on the median of a defined neighborhood; and
Clarify the regulations to improve processes, increase the public’s ability to better navigate the regulations, and provide greater certainty of outcomes for applicants.
Our take on this: In these regulations, the use of the "defined neighborhood" concept to determine allowable residential square footage will have results that are very different for different homes in the County. According to the code, the defined neighborhood is "the area within 1,500 feet from the applicable parcel". The defined neighborhood area does not include any parcels that are within municipal boundaries, or any parcels in subdivisions of 7 or more houses [Article 18 Definitions, 18-179C]. We believe this concept of the defined neighborhood is too restrictive, too inflexible, and will inherently lead to inequities throughout the County. For example, a cluster of smaller, legacy farmhouses built in the 1950s in one area would be restricted from expanding to more realistic modern expectations simply because these houses are not within 1500 ft of any larger homes. Even if they are right next to a subdivision having 5000 sq ft homes, they'd be unable to expand because the subdivision houses "don't count" in the definition of the neighborhood. Yet just a half-mile down the road, there might be much larger homes, by virtue of their proximity to other larger homes. This does not make sense to us. Further compounding the problem, the homeowners of those legacy farmhouses might have a hard time selling their modest-sized homes in the future to families that want to consider continuing the farming traditions in Boulder County. This could lead to a loss of working farms and ranches in the County. A much more fair definition of "neighborhood," in our view, should take into account the median house size of a much larger area (perhaps even the entire County). This would even out the inequities of the 1500-foot definition of a neighborhood, which in rural areas is way too "microscopic."
This issue needs our response! It has developed over the busy holiday period of December-January and subsequent busy weeks of the national political transition, and now the deadlines are upon us. We apologize for this short notice. But please consider the actions below.
Action: By Tuesday March 11, write to the County with your input on these proposed regulations. E-mail your comments to longrange@bouldercounty.gov and planner@bouldercounty.gov. Reference "docket DC-24-0003" in your comments, and state your name and address.
Action: Attend and consider speaking at the Planning Commission hearing on Wednesday March 19 (1:30 pm) at the Boulder County Courthouse (1325 Pearl Street, 3rd floor). Register in advance or in person at the Courthouse if you wish to speak at this hearing. There is a 3-minute time limit for speakers (others present at the hearing can sign up to donate time to a speaker). To sign up in advance for in-person or virtual public comment, visit www.boco.org/PC to register prior to the public hearing portion of the item in which you are interested (signups will open on ~March 11). There will also be a kiosk located in the lobby of the 3rd Floor to sign up for in-person public comment. To join the meeting by phone, dial 1-833-568-8864 (toll free) and enter the Webinar ID: 161 288 0794.
Action: We intend to submit written comments and to attend/speak at the hearing. If you'd like to be a part of a group to discuss this issue, kick around some ideas, and attend the hearing, please let us know ASAP.
Information:
The County's webpage for the proposed changes (docket DC-24-0003) is linked here and further information is on the docket page linked here.
Here is the link to the current Boulder County Land Use Code. (Caution: It's a lot. The site plan review section is in Article 4 Section 800.)
Two Annexation Issues in Lafayette
1New one! Annexation & development of ~78 acres, Baseline Road and N. 119th Street (Lafayette's "Eastern Gateway")
The owner of 78 acres that straddle Baseline Road west of the N. 119th Street intersection has recently petitioned the City for annexation of the property. It contains portions of a farm that was operated by the Waneka family, one of Lafayette's pioneering families.
The parcel is currently in the County and has zoning designations of Agricultural and Rural Residential. There is one unoccupied residence north of Baseline Road and vacant farmland in the other areas.
The owner is working with a developer (Kairoi Residential) on a plan for the property, if annexed.
On February 27, the developer held a required first "neighborhood meeting." The meeting was standing-room-only, packed with over 100 residents who voiced their vigorous opposition to the development of this land. No one spoke in favor.
Commenters noted that the land has long been a top priority on the City's wish-list for parks and open space. Its location makes it the "eastern gateway" into the City of Lafayette.
When asked for a possible number of housing units to be built, the developer would not give an estimate.
Citizens have organized a website (Preserve Lafayette) to oppose the development and advocate for incorporating the parcel into the City's open space holdings.
The website gives the following summary: "For more than a century, Lafayette’s eastern gateway has been rural land, reflecting our agricultural roots. In 2019, Lafayette took the first step to preserve that gateway by buying the Old Town Pond, the Waneka Centennial Farm homestead, and the land on the southeast corner of 119th and Baseline as open space. Lafayette and Boulder County then partnered to purchase the remaining farmland east of 120th. The parcels on the southwest and northwest corners of 119th and Baseline are the missing pieces in this open space puzzle. They would join our existing open space parcels together, creating a nature and wildlife ecosystem that stretches from Lafayette’s Old Town Pond on the west to Powers Marsh on the east. That's why this land is a top priority in the city’s parks and open space acquisition plan."
Action: Comments to the City regarding this proposed annexation can be submitted through the City's website for comments linked here. Reference the "Gateway Lafayette Annexation" and direct the comments to the City Council, Parks, and Open Space choices in the listed departments.
The City's website for this proposed annexation and development is here: Gateway Lafayette (Note, the parcel's address is incorrectly stated on this website.) No firm dates are available yet for the next public hearing on this issue. Check the City website for updates.
Another one: Annexation & development of 36 acres, southwest corner of Arapahoe and Hwy 287
As we've mentioned in our last two newsletters, Lafayette is considering a proposal to annex 36 acres of privately owned County land at the southwest corner of Arapahoe Road and Highway 287.
The land is currently designated as “Agricultural Land of National Importance.” The 287/Arapahoe intersection is the site where two historic pillars were constructed in 1928 as a remembrance dedicated to the 1000 County residents who served in World War I. The pillars also served as a “gateway” to entice travelers along the 287 highway to turn west on Arapahoe and visit Boulder.
On January 7, the Lafayette City Council determined that the proposal submitted by the owner (Tebo Partnership) and developer (Kensington Development Group) was "in substantial compliance" with Colorado’s Municipal Annexation Act of 1965.
On February 18, a second technical hurdle was cleared when the Lafayette City Council determined, by a unanimous vote, that the parcel is "eligible" to be annexed. At the hearing, several residents spoke in opposition to the annexation & development.
Also on February 18, the developer (Kensington) submitted their Sketch Plan to the City. The plan proposes 343 rental apartments (4-story), 110 for-sale townhomes (3-story), and 158,500 square feet of commercial/retail space. (see sketch below)
A neighborhood meeting was held on March 5. The public showed up in force and expressed opposition to annexation and to the project as proposed. Community concerns about traffic, water, schools and the incompatibility of the Kensington project with the community of Lafayette were expressed.
Annexations are “discretionary legislative actions” and Council can decide not to annex.
A citizen petition against the annexation has gathered over 2,000 signatures.
The Sketch Plan is now being reviewed by the City. No public hearing dates or timetable are available at this time.
See the Lafayette City website for information about the annexation process and the Kensington proposal, and to keep tabs on future hearing dates.
Action: Comments to the City regarding this proposed annexation can be submitted through the City's website for comments linked here. Reference the "The Range at Lafayette Annexation".
The Broader Issue: Lafayette and other cities on the Front Range are facing pressure from the Governor and State Legislature to “densify” housing in “transit-oriented communities.” This was codified in House Bill 24-1313, passed in May of 2024 as a means to increase housing in transit areas and thereby increase ridership on public transit. Rezoning to allow 40 dwelling units per acre within a quarter mile of a transit corridor or station are mandated in the legislation, where typically the higher densities in Lafayette are in the range of ~16 units per acre. This is a hot-potato issue that is sparking debate and pushback as municipalities grapple with how to preserve the character and quality of life of their communities.
Action: Write to the Lafayette City Council with your thoughts about these annexation issues.
Action: If you oppose the 287/Arapahoe proposal, consider signing the citizen petition.
Let Your Voice Be Heard! Update of the Boulder Valley Comprehensive Plan
As we've mentioned previously in this newsletter and on our website, the Boulder Valley Comprehensive Plan (BVCP) is undergoing an update from 2024-2026.
A brief refresher: The BVCP covers only part of the County surrounding the City of Boulder; the entire County is covered by a different but coordinated plan that is not currently being updated, the Boulder County Comprehensive Plan (BCCP). The BVCP is a document that is developed through the cooperation of Boulder City officials and Boulder County officials. From the BVCP website: The BVCP " ...guides how our community will look and feel, the mobility networks that connect us and how we approach changes to our natural and built environments for years to come."
We've attended some of the early events for the update of the Boulder Valley Comprehensive Plan (BVCP). Our experience was that they've been largely focused on City of Boulder issues, and not so much on issues related to unincorporated County areas. And yet, the BVCP covers a great deal of the unincorporated County... There's actually more rural unincorporated land area than there is City land area within the boundaries of the BVCP. You can see this in the figures below, which show the BVCP boundaries and plan areas. We're most interested in what might happen to the Area III-Rural Preservation Area. We believe that in the BVCP update, these Area III-Rural Preservation Areas should continue to be marked for preservation.
We decided to meet with the County about the BVCP update, outside of the planned community engagement events that so far have had more of a City of Boulder emphasis. We wanted to learn more about what was going on from the County perspective. On February 28, we met with Hannah Hippely (Long Range Planning Division Manager, Boulder County Community Planning & Permitting).
Here is what we learned:
The County wants to hear from residents, and they have no pre-conceived plans for what happens in the BVCP update.
With much of the emphasis placed on City of Boulder types of ideas, it is especially important to provide input regarding the unincorporated areas. They haven't heard from a lot of folks on this aspect.
Our view: It is important for us, as Pro-RURAL Alliance members, to give our thoughts on the Area III-Rural Preservation land within the boundaries of the Boulder Valley Comp Plan.
Our view: We should advocate for the continued preservation of Area III-Rural Preservation areas during this update of the BVCP. This simple message is important to convey. Ms. Hippely confirmed that they need input such as this; i.e., tell them what they should keep doing!
Our request: Please consider adding your voice to the written comments on this topic (see link below). If possible, attend some of the organized events over the next year or two as the update proceeds. If you don't want to attend, that's fine-- your written comments are valuable! Whether you live within the municipal areas of the County or in unincorporated areas: We ALL appreciate the "breathing space" afforded to us by rural areas of the County. Let's make sure our voices are heard! Thanks everyone. :)
Some information and useful links are below:
City of Boulder Website for the BVCP Update (A Boulder Future) (contains upcoming events, and links for signing up for email updates)
County of Boulder Website for the BVCP Update (contains links for signing up for email updates)
Link to Provide Written Comments on the BVCP update; mention in your comments whether you live in unincorporated Boulder County or in a municipality
Upcoming event: March 19 — Office Hours | East Boulder Community Center Ballroom | Drop in between 5:30 to 7:30 p.m. to talk to the project team about the update, ask questions and share your thoughts
Upcoming event: April 12 — Community Roundtable and Open House | 12 to 3 p.m. | East Boulder Community Center
We also asked Ms. Hippely if there was any news about what might become of the IBM facility. She didn't have any info on that topic.
Attention Erie and Beyond: The Draco Fracking Proposal is Back!
Civitas/Extraction filed a request for a motion to continue (resume) the hearing from November 13 & 15, 2024, where the Colorado Energy & Carbon Management Commission (ECMC) ordered an indefinite stay on the Draco Oil & Gas Development Plan (OGDP) application by Civitas/Extraction Oil & Gas, Inc.
The application proposes extreme-length 5-mile wellbores to be drilled horizontally from the Draco Well Pad in Weld County westward into Boulder County and underneath highly populated residential developments. Vigorous community opposition mobilized and spoke/wrote against this proposal last year and at the November hearing.
In the November hearing, the ECMC directed Civitas/Extraction to consider alternative sites for their operations.
Civitas/Extraction's motion to resume the hearing was granted and the continued hearing is tentatively scheduled for Thursday, March 13, 2025, at approximately 10:30 a.m.
Residents can watch the ECMC hearing by visiting the ECMC hearing livestream. The Town of Erie will provide testimony to the Commission along with the Colorado Department of Public Health and Environment (CDPHE) during the hearing.
Action: Though the Commission does not intend to reopen oral public comment, interested residents are encouraged to submit written comments to the Commission through the public comment portal and enter the Docket Number (240100004) for the Draco OGDP.
The request for motion follows Civitas/Extraction’s reevaluation of the proposed Alternative Location #4 (AL4), located north of the Vista Ridge neighborhood, west of Weld County Road 5. The reevaluation (available in Civitas/Extraction’s Prehearing Statement) concluded that Civitas/Extraction believes AL4 is an infeasible alternative to the Draco Pad location. Presuming the Commission concurs with this conclusion, the Town of Erie will be requesting that the Draco OGDP be denied unless specific Conditions of Approval are ordered by the Commission.
However (and unbelievably): It appears that this fracking proposal could go forward without the consent of Erie and the residents it affects.
Information:
All the docket information is at:
https://oitco.hylandcloud.com/DNRCOGPublicAccess/
Select: DNRCOG Search for Docket Related Documents
The in the field for DNRCOG Docket Number enter 240100004
Also see the citizen "Erie Protectors" website, which posts the Civitas/Extraction prehearing statement and some analysis.
Other Updates
Subdivision at 63rd Street and Niwot Road: No change from last month. The applicants are considering next steps, and in particular are contemplating a non-urban planned unit development (NUPUD) for one additional house.
Kanemoto conservation easement potential annexation/development: No change from last month. The Kanemoto opposition really appreciates the support of the community for their appeal in the Colorado State Courts. If you haven't had a chance yet to help out, visit their GoFundMe site. Donations in any amount are welcome and very appreciated.
Equestrian Center docket: The February 6 hearing for an equestrian center southwest of Longmont on 8130 N. 73rd Street (near where it curves and becomes 75th) has been tabled twice. The hearing by the Board of County Commissioners is now listed as Tuesday April 1 (1 pm) at the Boulder County Courthouse at 13th and Pearl Street in downtown Boulder. The planning staff recommendation is for conditional approval of the application. You can find the application materials and submit your comments at this link on the County's website: LU-24-0017.
NEW: Code amendments regarding Mobile Farm Stands: Text Amendments to the Land Use Code Article 4 and Article18, intended to add a Mobile Farm Stand option to support agricultural producers direct to consumer sales and any other changes to the Code necessary to integrate these changes. Hearing in front of the Planning Commission on March 19, 1:30 pm. Link to docket DC-25-0001.
NEW: Rocky Flats Trail project: The Board of County Commissioners is considering whether to heed the pleas of residents to reverse the decision to build a regional trails project through land that's next to the former Rocky Flats nuclear weapons site. It's part of a larger Rocky Mountain Greenway Trail project that would eventually connect three wildlife refuges in the Denver metro area with Rocky Mountain National Park. Last week on March 6, they heard testimony from several residents and experts who described the risks from contamination from residual plutonium in the soils. The Commissioners did not take any action or make any decisions. See the Daily Camera story on this issue (possible paywall).
NEW: Sawhill Trailhead: The Sawhill Trailhead will be closed for most of this year for a series of upgrades.
NEW: Boulder Action: Check out this citizen-led community action group, Boulder Action. They're focused on City of Boulder issues such as growth/housing/density, safety, environment, and government, and other issues that cross over into County concerns. Our Alliance shares some common interests and values, such as the Boulder Valley Comprehensive Plan update mentioned in this newsletter, the possible development of the Area III Planning Reserve north of Boulder, the preservation of open space, and more. We appreciate the shout-out they gave to our Alliance in their December newsletter!
As always, thanks for reading!