Boulder County Land Use Code (BCLUC) is Binding Law
There are 152 references to the BCCP established in the Boulder County Land Use Code. Many of these references are part of the Zoning regulations and are now Binding Law.
In particular please note
Section 6-800: It appears, Conservation Easements require perpetuity and termination requires conformance with the Current BCCP and the Boulder Land Use Code. The Current code requires perpetuity for NUPUD/CEs.
Section 6-500 & 6-700: Should the County continue to honor the TDR/IGA:
TDR sites are forbidden on Nationally Significant Agricultural Lands.
The total number of units is limited to a maximum of 200.
The inclusion of the Kanemoto property in the Longmont CSA was a legal error. Subdivided lots recorded prior to August 17, 1994 are not allowed into TDR receiving sites. (6-700 J-3)
Section 30-28-106 of the Planning Act....... 2007 amendment to the Act provides that master plans are advisory until the county makes them binding by inclusion in its "subdivision, zoning, platting, planned unit development, or other similar land development regulations . . . ." Ch. 165, sec. 1, § 30-28-106(3)(a), 2007 Colo. Sess. Laws 612.
The very first item of discussion in the current Boulder County Land Use Code (January 5, 2023 ) is found on page 1-2, The development of the Land Use Code in 1994 is founded on the 1978 BCCP.
Boulder County Land Use Code.
Section 1-300 Purpose and relationship to the Boulder County Comprehensive Plan.
A) .....Enactment, amendment, and administration of this Code shall be in accordance with and shall serve to implement the goals and policies of the Boulder County Comprehensive Plan,.....
B) ......the County Planning Act shall be considered to be, without limitation, and in accordance with Section 1-300.A of this Code: ......fostering agricultural and other industries (which, in accordance with the Comprehensive Plan, are primarily rural in nature).......in accordance with the Comprehensive Plan, ensuring that unincorporated lands outside of community service areas remain rural in nature)....open and rural land preservation,......
Section 1-1400 pg 1-4 Other Plans, Rules & Regulations Cited in this Code
A. In addition to the requirements specifically established within this Code, the following plans, rules, and regulations may contain additional requirements:
4. the Boulder County Comprehensive Plan (the ‘Comprehensive Plan’) adopted pursuant to Article 28 of Title 30, C.R.S., and comprehensive development plan intergovernmental agreements affecting land use in the unincorporated County as they may be entered into pursuant to Article 20 of Title 29, C.R.S.;
Section 3-204 Referral Requirements and Agency Review
C 9. The County Community Planning & Permitting Department shall evaluate the application for conformance with the Comprehensive Plan, any applicable intergovernmental agreement affecting land use or development, this Code, sound planning and design practices, and comments from the referral agencies and individuals.
Section 4-115 Rural Community (RC) Districts
A. Purpose: To encourage flexibility in the land use patterns of established rural communities in order to achieve the objectives of the Boulder County Comprehensive Plan.
Section 4-409 Variances
E. Review Criteria.
1. To grant a variance of a requirement imposed under this Article 4-400, the Board must find that all of the following criteria have been satisfied:
d. the variance, if granted, will not change the character of the underlying zoning district in which the property is located, and is in keeping with the intent of this Code and the Boulder County Comprehensive Plan;
Section 4-514 Utility and public Services
F. Major Facility of a Public Utility
5 d. Power plants cannot be located on areas with the following Boulder County Comprehensive Plan designations: Agricultural Lands of National Importance, Agricultural Lands of Statewide Importance, Agricultural Lands of Local Importance, Natural Landmarks and Natural Areas, or Critical Wildlife Habitats
K. Small Wind-Powered Energy System
5 e (i) Comprehensive Plan designations. This use shall not have a significant adverse visual impact on the natural features or neighborhood character of the surrounding area. Particular consideration to view protection shall be given to proposals that would be visible from areas designated Peak-to-Peak Scenic Corridor, View Protection Corridor, and areas within the Natural Landmarks and Natural Areas and buffers as designated in the Boulder County Comprehensive Plan.
Section 4-601 Review Criteria
A. A use will be permitted by Special Review or Limited Impact Special Review only if the Board finds that the proposed use meets the following criteria as applicable:
3. The use will be in accordance with the Comprehensive Plan;
12. The use will not result in unreasonable risk of harm to people or property......from natural hazards. Development......must avoid natural hazards, including those on the subject property.....Natural hazards include, without limitation, expansive soils or claystone, subsiding soils......all as identified in the Comprehensive Plan Geologic Hazard and Constraint Areas Map....(See Map 15)
Section 4-700 Administrative Reviews
4-701 Purpose
A. Administrative review is a review procedure for certain types of proposed development that are deemed in advance to not cause significant conflict with the Boulder County Comprehensive Plan and ensure compliance with the development standards of the County.
Section 4-806 Site Plan Review Standards
8. The development shall avoid agricultural lands of local, state or national significance as identified in the Comprehensive Plan.
13. The development shall avoid Natural Landmarks and Natural Areas as designated in the Goals, Policies (pg AG-4 Goal 3 etc..conserve and preserve Agricultural Lands) & Maps Element of the Comprehensive Plan and shown on the Zoning District Maps of Boulder County. (Map 27 CE, Map 31 Sig Ag Land, Map 33 VPC).
15. The proposal shall be consistent with the Comprehensive Plan, any applicable intergovernmental agreement affecting land use or development, and this Code.
Section 4-1300 Expanded TDR Program and Structure Size Thresholds for Single Family Uses.
3. These regulations are adopted to implement the goals and policies in the Sustainability Element of the Boulder County Comprehensive Plan. Those goals and policies include:
a. Preserving the rural character of unincorporated Boulder County, especially those areas with particular historic or contextual character;
c. Allowing for the impacts of larger scale home development to be offset through the preservation of vacant land and smaller scale residential development elsewhere in the County;
e. Promoting and preserving vacant land by creating incentives for property owners to leave land undeveloped.
Section 5-102 Standards and Conditions for Sketch Plan Approval.
A. The Planning Commission and the Board of County Commissioners shall not approve a sketch plan proposal until the applicant has adequately shown that the proposal meets the following:
4. The development proposal conforms with the Comprehensive Plan, any applicable intergovernmental agreement affecting land use or development, and this Code.
Section 6-100 Planned Development Districts. Introduction and Purposes.
D. In addition to those purposes outlined within these Regulations, NUPUD, NCNUPUD, and TDR/PUD submission, review, and action shall be guided by the following objectives:
1. To accomplish the preservation of those lands identified within the Boulder County Comprehensive Plan as agricultural lands of National, Statewide, and Local Importance and other valuable agricultural lands; to accomplish such preservation through the strategic and planned location of subdivided lots.
2) To accomplish the preservation of those natural and cultural resources as identified in the Cultural and Environmental Resources Elements of the Comprehensive Plan; to accomplish such preservation through the strategic and planned location of subdivided lots.
3. To offer density bonus as an incentive to discourage the development of valuable agricultural and other resource lands in Boulder County.
4. To offer the NUPUD and TDR/PUD processes as a viable alternative to municipal annexation for development purposes.
Section 6-400 Non Urban Planned Unit Development.
A. Purpose: A residential PUD consisting of subdivided land which may allow for an increase in density from one dwelling unit per 35 acres......in order to preserve agricultural, environmental, or open space resources. The mechanism to preserve these resources is a conservation easement held by Boulder County on that portion of the subdivided land platted as an outlot, which may not be developed for residential use
B. Requirements 1. Area a. A NUPUD must contain an area.....of which 75% or more is covered by one or more of the following designations identified for preservation in the Boulder County Comprehensive Plan: agricultural lands of state or national significance, designated open space, critical wildlife habitats and corridors.
Section 6-500 Noncontiguous Nonurban Planned Unit Development.
A. Purpose: A Noncontiguous Nonurban Planned Unit Development (NCNUPUD) is a NUPUD which allows for a transfer of density from a sending area to a receiving area in order to protect specific agricultural, environmental, or open space resources.
B. A NCNUPUD is a type of NUPUD and shall meet the NUPUD requirements, except as modified by the following additional requirements.
7. Receiving Area
a. No more than 50 percent of the receiving area shall be used for development, unless further restricted below.
b. A receiving area which contains lands designated in the Comprehensive Plan as Agricultural lands of Nationwide Importance, a natural or cultural resource, or proposed open space shall not be permitted unless:
(i) no more than 25 percent of the receiving area is used for residential development; and
(ii) the development shall in no way be detrimental to the continued agricultural use of the remaining preserved area, to any significant natural or cultural resource, or to the open space values which support the proposed open space designation.
Section 6-700 TDR Planned Unit Development.
D. Zoning Requirements: The uses approved as part of a TDR/PUD shall be limited to the following:
2. Residential TDR/PUDs: Residential development rights may be transferred from any designated sending site in the A, RR, ER, and SR zoning districts, to any approved residential receiving site meeting the applicable criteria for receiving sites under these regulations. The maximum allowable total units within a residential TDR/PUD shall be 200.
G. Standards and Conditions of Approval for Development on a Receiving Site: A PUD utilizing transferred development rights shall be approved only if the Board of County Commissioners finds that the proposed development meets the following standards and conditions:
3. Except as provided in 6-700(G)(7), below, receiving sites shall not be located on national significant agricultural land, designated open space, environmentally sensitive lands, or critical wildlife habitats or corridors, as identified in the Comprehensive Plan
J. The following parcels will not be considered for a TDR/PUD receiving site:
3. A subdivided lot shown on a plat recorded prior to August 17, 1994, the date of the first public notice of Planning Commission consideration of these regulations.
Section 6-800 Conservation Easement.
A. Before the Board of County Commissioners may approve a NUPUD, a NCNUPUD, or a TDR/PUD the applicant shall agree to grant to Boulder County a deed of conservation easement in gross pursuant to Article 30.5 of Title 38, C.R.S., as amended, protecting the preserved land from development in accordance with the approved conservation values. Conservation easements encumbering required outlots shall provide for long-term preservation and appropriate management of the property's conservation values and shall be granted in perpetuity, subject to transfer or termination only pursuant to the express terms of these regulations and the governing conservation easement.
B. The conservation easement shall include the following terms:
1. The easement shall limit future County termination of the easement to situations where:
a. the termination is consistent with the current Comprehensive Plan and this Code; and
b. the termination is consistent with a management or land use plan contractually agreed to by the County and another interested governmental entity or entities.
6-1000 Standards and Criteria for Approval of Planned Unit Development.
A. The PUD shall be approved only if the Board of County Commissioners finds that the development meets the following standards and criteria:
5. the development will be in accordance with the Comprehensive Plan, and any applicable intergovernmental agreement affecting land use or development;
8. undue traffic congestion or traffic hazards will not result from the proposed PUD; roadways, existing and proposed, are suitable and adequate to carry anticipated traffic within the proposed PUD and in the vicinity of the proposed PUD;
10. detrimental conditions will not result due to development on excessive slopes or in geologic hazard areas;
Section 7-200 Development Design.
A. The following shall be considered requirements for development design.
14. The overall development design should conform to the Comprehensive Plan.
Section 8-508 Referral Requirements.
12. The County Community Planning & Permitting Department shall evaluate the application for conformance with the Comprehensive Plan, these regulations, sound planning, and comments from the referral agencies and individuals.
Section 8-511 Standards for Approval of a Permit Application
B. Standards for approval of all permit applications
4. The proposal will not cause unreasonable loss of significant agricultural lands as identified in the Comprehensive Plan, or identifiable on or near the site.
A few supporting references from the BCCP analysis, 1-18-23 email.
Pg IN-3 C) Relationship Between the Plan (BCCP) & the Boulder County Land Use Code.
Review criteria for land use approval processes within the Boulder County Land Use Code (e.g., the Site Plan Review, Special Review and Limited Impact Special Review processes) require that proposed uses be consistent with the Plan
pg PPA-2 (upper left) ......land outside CSAs and their transition areas will remain rural; urban services will not be extended there, and zoning will prohibit urban development and densities
pg PPA-3 (upper left) Accordingly, land use regulations and a comprehensive rezoning were adopted to implement the Plan’s policy direction.
pg PPA-3 (center left) .....the NUPUD process and the comprehensive rezoning of rural areas outside Community Service Areas during 1985-1986 were implemented....
(Kanemoto was not within a CSA until 1997. The 1985-1986 rezoning protection indicates the placement of the Kanemoto property into the LPA/CSA as a legal error.)
pg PPA-4 1.01 Urban services should not be extended into the Plains Planning Area, and zoning should continue to prohibit urban development.
