The Boulder County Board of Commissioners approved a six-month moratorium on applications for houses in unincorporated Boulder County with a proposed size over the median residential floor area for a defined neighborhood during their regular meeting on September 17, 2024, at the Boulder County Courthouse.
Commissioners attending were Chair Ashley Stolzmann, County Commissioner Claire Levy and County Commissioner Marta Loachamin.
The Board addressed the request for a six-month moratorium on applications for houses with a proposed size over the median residential floor area for a defined neighborhood in unincorporated Boulder County. Due to concerns about the impact on sustainability and assessed values of increasing house sizes in unincorporated Boulder County, the Board considered changes to the Site Plan Review (SPR) regulations to help address neighborhood character, sustainability and affordability.
Currently, the Land Use Code allows residential development up to 125 percent of the median residential floor area for a defined neighborhood and, in some cases, development over this presumed size limitation. The temporary moratorium will provide for certain limited exceptions, to include allowing applicants who are already in the process to continue their review, and permitting property owners to rebuild a residential structure that has been damaged or destroyed by causes outside of their control. The moratorium will remain in effect while staff update the existing SPR regulations.
The Commissioners heard a Community Planning & Permitting Department request for authorization of the Boulder County Land Use Code for Text Amendments. Boulder County staff member Ethan Abner, long-range planner for the Planning and Permitting Department, asked how can we use this tool as they develop this specific amendment.
In response, he was told that the department can get public comment and community engagement. They can have a zoom webinar posted ahead of time.
Commissioner Loachamin said this is very important, and it is important to continue to look into this. Commissioner Levy said that this authorizes staff to get a lot of data. People want to know what the rules are. This is important because of the size of the house and its cost.
The Board approved the request.
The County Attorney’s Office wrote “Staff intend the text amendments to address concerns with increasing home sizes in unincorporated Boulder County. The temporary moratorium will allow time to formulate and publicly review necessary amendments to the code regarding residential structure size in the unincorporated county while avoiding development which may run counter to the purpose and intent of the proposed amendments.
“The moratorium is proposed to begin immediately on the date of this hearing and remain in place for six months, or until code amendments are adopted or the moratorium is extended by further resolution. Per the proposed moratorium, the Community Planning & Permitting Department will not accept building permit applications or applications under Article 4 of the code after today’s date.
“Staff request BOCC approval of a temporary moratorium on processing new applications for residential development over the median Residential Floor Area within the defined neighborhood in the unincorporated county pending consideration of the Boulder County Land Use Code amendments.”
Ethan Abner and Assistant County Attorney Erica Rogers presented the request for the moratorium. Rogers said that with the proposed moratorium, the text amendments will address time to do research. The moratorium will begin immediately and continue for six months. They are requesting approval.
Abner said the moratorium will apply only to applications over the median. If an application has already been submitted, then “you are good to go.” The amendment would allow people to go through Site Plan Review.
Levy asked if staff does regular check-ins for people who are active. Abner said they don’t do that; it’s up to the property owner. The department gets 100 to 110 applications per year. The best guestimate – conservative estimate – is that they will receive 30 to 45 applications from now to the end of the year.
Abner said the effective date can change to give applicants a month to come through the process if they have had pre-app conference. The entire process can be completed in six months.
Loachamin said the timing is complicated, but she is interested in January 17 through March 17, which would give six months if the community wants to be involved.
Chair Stolzmann said we are all on the same page. The discussion was fantastic, she said, and we should change the effective date.
She moved to approve the temporary moratorium per the resolution, but to change the effective date to January 17, 2025. Loachamin seconded it.
Levy said she can’t support it. It doesn’t give applicants a fair opportunity. She supports the project and goals but doesn’t like the way this is worded.
The motion passed on a 2-1 vote. For more information, go to Public Meetings and Webstream - Boulder County.
