Research
Analysis of Boulder County Comprehensive Plan (BCCP)
The BCCP is focused on Compact Urban Growth and Continued preservation of Agricultural Lands, in particular Significant Agricultural Lands of National Importance.
Reference the Boulder County Comprehensive Plan (BCCP) here.
Both the original 1978 version and the current updated version of the BCCP were designed to limit urban growth to restricted areas and Preserve and Conserve Agricultural Lands.
There are 27 separate chapters/sections, 4 appendices, and 17 maps. Most chapters/sections are referred to as Elements. As many as 15 of those Elements reinforce the preservation of Boulder County Agricultural Lands.
Primary Argument: The BCCP is focused on Compact Urban Growth and Continued preservation of Agricultural Lands, in particular Significant Agricultural Lands of National Importance.
The BCCP designates Agricultural Lands granted Conservation Easements and NUPUD status for continued preservation. The Kanemoto property is also a Significant Agricultural Land of National Importance. In 1982, before Community Service Areas were established, having been granted a CE and NUPUD the Kanemoto property was never intended to be incorporated into the Longmont CSA.
In 1996 Boulder County and the City of Longmont committed a serious legal error in violation of the BCCP and Boulder Land Use Code when they incorporated the Kanemoto property into the Longmont CSA.
All statements above are supported by the extensive BCCP notations below. Pay close attention to Pages AG 1.02,01, Map 31, PPA-2, PPA-5 & PPA-2.04
Boulder County Land Use Code. See paragraph B, Community Service Areas
1-300 Purpose and Relationship to the Boulder County Comprehensive Plan
Boulder County Comprehensive Plan Selected Notes
I Introduction, page IN-1
The Boulder County Comprehensive Plan (BCCP) reflects Boulder County’s tradition of serving as a leader in environmental and land stewardship. The BCCP was developed to respond to the principle that the county will make decisions affecting the future of the county’s lands. Since its initial adoption in 1978, the Plan has changed very little; the county’s vision is to channel growth to municipalities, protect agricultural lands, and prioritize the preservation of our environmental and natural resources in making land use decisions.
II Guiding Principles, pg GP-1
5) Maintain the rural character and function of the unincorporated area of Boulder County by protecting environmental resources, agricultural uses, open spaces, vistas, and the distinction between urban and rural areas of the county.
III Countywide Goals, pg CG-1 & 3 & AG-4
Cluster Development. Future urban development should be located within or adjacent to existing urban areas in order to eliminate sprawl and strip development, assure urban services, preserve agriculture, forestry, and open space land uses,
pg CG -2
Appropriate Rate of Growth. Existing communities should grow at whatever rate they consider desirable, within the limits of what is acceptable to the citizens of areas potentially affected by that growth
pg CG-3
Foster a Diverse Agricultural Economy. Agricultural enterprises and activities are an important sector of the Boulder County economy and the county shall foster and promote a diverse and sustainable agricultural economy as an integral part of its activities to conserve and preserve agricultural lands in the county.
Conserve & Preserve Land. Productive agricultural land is a limited resource of both environmental and economic value and should be conserved and preserved
pg CG-5
Open Space. Conserve. Boulder County conserves the rural character of the unincorporated county by protecting and acquiring lands and waters embodying significant open space values and functions.
I Agricultural Element. Covers 6 pages of the BCCP
pg AG -1
A. Introduction Agricultural Land is a non-renewable resource. Once public and private decisions are made that result in the conversion of agricultural land and/or water to non-agricultural uses, this vital resource is almost always irretrievably lost.
pg AG-2
In the 1978 Comprehensive Plan, the county adopted a non-urban planned unit development process (NUPUD) offered landowners a development density of two dwellings per 35 acres. In return, at least 75% of the total acreage had to be deeded to the county in the form of a conservation easement which restricted activity on the easement to agriculturally related or other rural land uses in 1994 through the adoption of the Plains Planning Area Element. That Element refocused the county’s policies and intentions for managing unincorporated Plains lands by emphasizing that land uses “...should continue to be related to agricultural activities and other activities consistent with the rural character of the county.”
pg AG-3
B. Agricultural Objectives. The objective of the subsequent policies is the preservation of the agricultural lands in the county, and their related uses, by whatever means are available to the county and effective in achieving this end.
It remains the intent of the Comprehensive Plan and attendant land use codes to promote and assist in the preservation of agricultural lands for agricultural and other rural purposes. They include the recognition of agricultural lands as an important nonrenewable resource the belief that compact urban development is the most efficient and appropriate way to retain agricultural lands and rural character.
pg AG-4
Goal 2. Foster a Diverse Agricultural Economy promote a diverse and sustainable agricultural economy as an integral part of its activities to conserve and preserve agricultural lands in the county.
Goal 3. Conserve & Preserve Land. Productive agricultural land is a limited resource of both environmental and economic value and should be conserved and preserved.
POLICIES AG 1.01 Agricultural Land Preservation. It is the policy of Boulder County to promote and support the preservation of agricultural lands and activities within the unincorporated areas of the county, and to make that position known to all citizens currently living in or intending to move into this area.
AG 1.02.01. & 1.0. It is the policy of Boulder County to encourage the preservation and utilization of those lands identified in the Agricultural Element as Agricultural Lands of National, Statewide, or Local Importance and other agricultural lands for agricultural or rural uses. The Boulder County Comprehensive Plan “Significant Agricultural Lands” map shall include such lands located outside of the boundaries of any municipality.
BCCP Map 31 designates the Kanemoto property as a Significant Agricultural Land of National Importance. Agricultural Lands of National Importance are U.S. Department of Agriculture Prime Farm Lands.
This link will take you to the USDA soil maps where the Kanemoto property is designated as Prime Farmland except where the two houses have been built. You may need to zoom in on area CO643. Then click on the property sections and read Map Unit Data drop-down list on the left side of the page.
AG 1.04. Development Review. In reviewing applications for new development, Boulder County shall consider potential impacts on existing adjacent agricultural uses and shall use its regulatory authority to mitigate those impacts that would be detrimental to the continuation of existing agricultural operations and activities and the establishment of new agricultural operations and activities. New development should be sited in such a way so as to minimize and/or prevent future conflicts.
pg AG-5
AG 1.07 State, Federal, and Local Programs. The county shall continue to actively participate in state, federal, and local programs directed toward the identification and preservation of agricultural land.
Position statement from USDA Prime Farmland website.
Prime farmland is of major importance in meeting the Nation's short- and long-range needs for food and fiber. Because the supply of high-quality farmland is limited, the U.S. Department of Agriculture recognizes that responsible levels of government, as well as individuals, should encourage and facilitate the wise use of our Nation's prime farmland.
https://efotg.sc.egov.usda.gov/references/public/LA/Prime_and_other_Important_Farmland.html
AG 1.12 Land Unification. The county shall continue to discourage the fragmentation of large parcels of agricultural land and to encourage the assemblage of smaller parcels into larger, more manageable, and productive tracts.
AG 1.13 Policy and Code Management. The county shall continue to monitor the application of these policies and attendant Boulder County land use codes, as to their effectiveness in preserving agricultural land and perpetuating agricultural uses in Boulder County.
The use of the word, Perpetuating, is very important. This confirms that the BCCP intended to Preserve and Conserve Agricultural Lands indefinitely. See the American Heritage Dictionary definition:
perpetuate
pər-pĕch′oo͞-āt″
Transitive verb
To cause to continue indefinitely; make perpetual.
To prolong the existence of; cause to be remembered.
To make perpetual; to cause to endure, or to be continued, indefinitely; to preserve from extinction or oblivion; to eternize.
The American Heritage® Dictionary of the English Language, 5th Edition.
pg AG-6
AG 2.01 Utility Infrastructure. The county shall discourage the placement of new utility infrastructure upon agricultural lands. The county supports using existing easements or other public rights-of-way to minimize the impacts to agriculturally productive land.
AG 2.01.03. Any agricultural lands and water resource systems disturbed by infrastructure construction shall be restored to their former productivity.
IV Economic Element
pg EE-2
EC 1.03 Agriculture. Boulder County acknowledges the importance of agriculture and its cultural, environmental, health, economic, and resilience-related benefits to the community. Boulder County recognizes the integral role of agricultural history in the county and supports innovation and diversification in the agricultural economy.
IX Natural Hazards Element
pg NH-4
NH 2.01.04 (Also Policy GE 1.05). The county shall require the evaluation of all geologic hazards and constraints where such hazards or constraints may exist in unincorporated areas of the county as related to new intensive uses. Such evaluations shall be conducted by either a member of the American Institute of Professional Geologists, a member of the Association of Engineering Geologists.....
VII Geology Element
pg GE-2
Geologic Constraint: A geologic condition which can cause intolerable damage to structures, but does not present a significant threat to health, life, or limb.
Map 15. Geologic Hazards and Constraint Areas. Kanemoto Estates has a Geologic building constraint due to a High soil and bedrock swell potential. Has it been properly evaluated and approved by a geologist for site development?
pg GE-8
GE 4.02 Priorities for Most Effective Performance Technologies and Practices. Areas where the county has an interest in assuring that the most effective performance technologies and practices are applied include....j) Agricultural land preservation.....o) Visual impacts and preservation of scenic views.
pg GE-10
GE 4.11 Agricultural Land Restoration and Reclamation. Agricultural land preservation and conservation is a core goal and value of the BCCP. Oil and gas operations will be required to restore and reclaim all on and off-site agricultural lands impacted by any activity.....
X Open Space Element
pg OS-1 (See Agriculture Goal 3 above. To Conserve and Preserve Agricultural Lands)
What’s in a Word? Protect v. Preserve v. Conserve Open space lands are “protected” from development but protection can be carried out in different ways. “Conserve” suggests responsible and sustainable use of natural resources whereas “preserve” implies maintaining the landscape in its original, or pristine, state. In the Open Space Element policies, “conserve” is used for policies relating to working landscapes such as agricultural properties while “preserve” is used for policies relating to broader protection.
pg OS-2
Open space is defined as “lands intentionally left free from development.” Open space serves one or more of the following values or functions
Conserve and enhance agricultural lands, especially agricultural lands of local, statewide, and national importance.
Boulder County Parks & Open Space Mission Statement To conserve natural, cultural and agricultural resources and provide public uses that reflect sound resource management and community values.
XIII Sustainability Element
pg SU-1
A. Introduction The verb “sustain” is defined in Webster’s Third International Dictionary as meaning “to cause to continue…to keep up especially without interruption
pg SU-6
Goal 6. Foster & Promote Resources of Open & Rural Lands. The preservation and viability of the increasingly precious resources of open and rural lands, whether devoted to agriculture, forestry, open space, or plant and wildlife habitat, as well as the sustainability of uses that provide for the long-term preservation of such lands, should be fostered and promoted....
pg SU-8
SU 1.09 TDR Program Criteria. In establishing this new TDR program, the county, through an open public process, will develop criteria....and should take into consideration the following attributes:
• Location as an enclave within or adjacent to BCCP-designated Environmental Conservation Areas, United States Forest Service or other publicly held lands, or lands with a conservation easement protecting them from further development
I Plains Planning Area
pg PPA-1
Introduction....recommend a rational organization of land uses which will protect and preserve some of the county's remaining rural land....
pg PPA-2
It is expected that land within municipal Community Service Areas will be developed in an urban pattern, urban services will be provided by the municipalities, and the area will eventually be annexed. Conversely, 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. Most of the land outside the CSAs will continue to be used for agricultural activities, environmental resource protection, low-density residential development and other activities consistent with the rural character of the county.
VERY IMPORTANT: The Kanemoto property was issued a NUPUD (PPA 2.04) and Conservation Easement (PPA 2.03) in 1982 because it was NEVER intended to be within the Longmont Community Service Area. As stated above, Urban Development is Prohibited.
In April of 1978, the Boulder County Comprehensive Plan (BCCP) was adopted. A primary component of the Plan included policies calling for the establishment of a minimum 35 acre-lot size in most
unincorporated areas outside CSAs, consistent with Senate Bill 35. Recognizing that this was authorizing a dramatic shift in land use regulations that would have its greatest direct impact on the farming community, the Plan’s policies also called for the creation of the NonUrban Planned Unit Development, or NUPUD. This land use option, requiring discretionary review an action by the county Commissioners, permitted density bonuses on parcels of 35 acres and larger so that the farmer would have an economic incentive, through a limited subdivision process to keep a major part of his or her land in agricultural production while conveying small land parcels to other interests. Accordingly, land use regulations and a comprehensive rezoning were adopted to implement the Plan’s policy direction.
pg PPA-3
ISSUES Loss of Agricultural Lands & Open Space. Land valuable for agriculture, wildlife habitat, flood control and other natural resources may be jeopardized. In addition, the county has consistently lost agricultural operations and farmland to both development pressures and annexations.
pg PPA-4
POLICIES
PPA 1.01 Geographic Scope and Vision for Plains Planning Area. Land located outside CSAs and east of the Forestry zoning district, should be designated as the Plains Planning Area, and should remain rural. Urban services should not be extended into the Plains Planning Area, and zoning should continue to prohibit urban development and densities. Land uses within the Plains Planning Area should continue to be related to agricultural activities, environmental resource protection, low density residential development and other activities consistent with the rural character of the county.
PPA 1.03 Guidelines for Land Use Proposals...
b) Preservation and utilization of agricultural lands, or when applicable, the preservation of other environmental resources
d) Minimizing potential negative impacts on surrounding lands, including agricultural land, attendant agricultural uses, and established neighborhoods and other adjoining or nearby development and land uses.
pg PPA-5
PPA 2.03 Conservation Easements. Conservation easements pursuant to CRS 38-30.5-101 through 110, as amended, or other legally accepted methods between the county and landowners, should continue to be the acceptable development control, for the purpose of preventing additional parcel division or development of lands committed for agricultural activities, environmental and historic resource protection, and other activities consistent with the rural character of the county.
PPA 2.04 NUPUD and NCNUPUD Proposals. NUPUD & NCNUPUD proposals should only be supported in the Plains Planning area as a means of preserving and conserving large tracts of land identified in the Boulder County Comprehensive Plan as possessing significant environment features, including but not limited to significant agricultural land and sensitive or important ecosystems.
PPA 3.04 Location Limits for Proposals. Except as provided for in PPA 3.05, land use proposals requesting additional density as receiving sites through the density transfer process should not be located on Nationally significant agricultural land, sensitive areas, critical wildlife habitats or corridors, designated open space, or other lands and locations as from time to time identified.
IV Longmont, Lyons Subregion Specific to the Longmont Community Service Area.
pg LO-2
LO 1.02 Designation and Protection of Agricultural Land Uses. It is the policy of Boulder County to designate the character and form of land uses within the Subregion (outside of the adopted Community Service Areas) as being agricultural in nature and to project continual agricultural usage throughout the planning period. Future land use decisions that occur outside of designated Community Service Areas shall be consistent and harmonious with the agricultural character of the land and with the provisions of the Agricultural Policies of the Plan, including those specifying non-urban residential density
LO 1.03 Resolving Conflicts Between Existing Zoning and Future Land Use. Many land use and zoning decisions have been made in the past 12 years without the use of a comprehensive plan to guide in the formulation of such decisions. With the development of the goals and policies of the Boulder County Comprehensive Plan, it is clear that many past decisions now conflict with the underlying plan objective of channeling urban growth into Community Service Areas while preserving the surrounding agricultural land. To rectify these obvious conflicts between existing zoning and future land use, it is the policy in this subregion to modify the existing zoning pattern to reflect the present and future use of the county’s agricultural lands.
7) View Protection Corridor from BCCP
Map 33. About one mile of Airport Road from Pike Rd south to Rt. 119 was designated as a View protection Corridor. An approximately one half mile section from Pike Road south has been severely compromised. Both the Kamemoto property and the West View Acres property are along this corridor. Do we have legal grounds to challenge Boulder County to prevent further development due to this issue? See photos below.
pg PH-3
1992: Establishment of view protection overlay district
1994: Established Natural Resources View Protection Overlay District
pg OS-2
Conserve the rural character of the unincorporated county, scenic corridors, and community buffers to ensure community identity and prevent urban sprawl
pg OS-5
OS 1.02.01. To the extent possible, the county shall avoid, minimize, or mitigate impacts on views from view protection corridors including, but not limited to, those shown in the mapping that accompanies this element.
pg TR-4
TR 6.01 Manage Rural Roads to Preserve Rural Character.
minimize adverse scenic and environmental impacts,
pg TR-5
TR 6.03 Prohibit Improvements with Unacceptable Impacts. After considering reasonable mitigation, transportation system facilities and access improvements may be prohibited. This may include improvements on public and/or private lands that cause unacceptable impacts on the natural environment, including scenic views and rural character.
pg TR-6
TR 8.03 Preserve View Corridors. Prevent the disruption of scenic views by transportation improvements. Promote overlooks, trails, and turnouts on recreational routes and in unique scenic areas.
pg CW-5
6. Protect Natural Landmarks. Boulder County shall continue to protect prominent natural landmarks and other unique scenic, visual, and aesthetic resources in the county.
pg ER-3
However, the single criterion for designation shall be its visual and scenic prominence as a landscape feature. They provide a record of Boulder County’s natural heritage.
pg ER-4
Boulder County shall continue to protect prominent natural landmarks and other unique scenic, visual, and aesthetic resources in the county
pg ER-5
ER 1.04 Scenic Vistas. Scenic vistas shall be preserved as much as possible in their natural state.
pg GE-7-8
GE 4.02 Priorities for Most Effective Performance Technologies and Practices. Areas where the county has an interest in assuring that the most effective performance technologies and practices are applied include, but may not be limited to:
a) Visual impacts and preservation of scenic views
pg SMM-4
b) Ensure that facilities or operations are planned, located, designed, and operated to prevent and divert unacceptable air, water, noise, and visual pollution
pg SU-7
Goal 10. Protect Natural Assets. The county’s rich and varied natural features, scenic vistas, ecosystems, and biodiversity should be protected from further intrusion, disruption, consumption, and fragmentation.
SU 1.02 TDR Program Objectives. This TDR program should consider facilitating the attainment of any or all of the following objectives:
preserving vacant lands identified in the Comprehensive Plan as having significant environmental, agricultural, visual, or cultural values;
protecting and securing scenic corridors and vistas;
pg SU-9
SU 1.12 Structure Size Limitation Analysis. An analysis should be conducted to determine whether the regulation of structure size is appropriate to meet the stated goals of the Comprehensive Plan...locations within the unincorporated areas relative to existing development patterns, established rural character, scenic/natural/resource values, and visual impacts.
pg PPA-3
Rural Character & Visual Impact. There has been a perceived loss of rural character and visual intrusion to the scenic qualities of the county due to an inconsistency in scale between new and existing development and the siting of development on ridges, mesas, and other prominent landscape features.
Photos taken along Airport Rd, looking west, walking north 1/2 mile to Pike Rd. The view of Long's Peak is obstructed.
