Simplifying the land use code and review process

By subjecting projects to administrative review, these projects become less expensive and do not take as long to reach final approval.

they were they are subject to our normal development review process

the zoning certainly would allow for residential and in particular on smaller properties through the use review process

create a new permitting process for special festival events, create new use standards for special festival events

to fix errors, clarify existing code, and amend certain height, use, form, and general land use code standards

to fix errors, clarify existing code, and amend certain height, use, form, and general land use code standards

related to corrections, cleanups, things like that, uh relocating some standards for service and vehicle uses

It is a place in which we uh do some clarifying, some clean up, um some really sort of housekeeping things

to fix errors, clarify existing code, and amend certain height, use, form, and general land use code standards

Earlier, you asked whether the terms and conditions would hold if the

What, if anything, would be the impact of future land use code changes on these parcels if they were annexed.

ordinance 8745 which is about certain changes and clarifications to the land use code

to fix errors, clarify existing code, and amend certain height, use, form, and general land use code standards

So for this one, there is a proposal to ask for that additional FAR, so that's granted through the site review process.

And if that's the only thing they're requesting, they don't need to meet.

and the pathway to achieve an aligned zoning and land use code to be commensurate with the land use

Current RL1 strictly prohibits any of that. So there's a reconciliation and an inherent conflict that gets created.

Amending Title IX, Land Use Code, and Title X structures, Boulder Revised Code, 1981, to fix errors, clarify existing code

So, the motion is that Planning Board recommends that City Council Adopt Ordinance 8745, amending Title IX, Land Use Code

So I move that Planning Board recommends that City Council adopt Ordinance 8745, amending Title IX Land Use Code

The redevelopment will be reviewed through the quasi-judicial site review process, which evaluates projects for consistency with the comprehensive plan and other adopted plans of the community.

The way I understand it from talking to developers and from talking to planning staff is the intent Was to foster certainty

our site review process here, and the code that it's built on. are often very adversarial when we apply them

there's barriers to this stuff happening inside our land use code, right?

there are barriers in the, land use code to that, in the use tables

This is something you should be supporting in the new land use code, as opposed to DU per acre

We don't have the community consensus that is required for serious changes to our land use code

we're moving our landscaping standards out of the land use codes so the manual can um, be changed more administratively

Like where are we getting hung up in the site review process that things are ambiguous

the site review process in 2026, including gathering input blah blah blah blah blah

there's a lot of room for simplifying, clarifying, streamlining the site review criteria and the site review process

if you're just doing a small TI project, and you haven't gone through the city site review process

Like, the site review process, like, that's an issue, okay?

and the ambiguous site review process. Just… Give us the rules, and we will do great things

updates to landscaping codes for water conservation and wildfire deterrence, land use code modernization and simplification

the first one is site review process streamlining and clarification as we all probably know

could you please add the word evaluation so that it reads site review process evaluation, streamlining and clarification

tighten up, define the site review process, and how it intersects with landmark

we eliminated minimum parking requirements, which means we can't

I deal with a lot of land use codes, and honestly, the easiest thing about the Boulder Current Land Use Code is the current designation.

city staff and policymakers have identified administrative challenges and confusion around our current land use map

zoning and the, land use code, or just the revised code in general, sit at the ground level of that planning.

to not penalize those projects with minor amendments or minor modifications or a site review

allow for a number of different things to happen under a single land use category

offering a more efficient, faster, and direct path through the site review process

offering, you know, a somewhat quicker and more direct path through the site review process.

They do want to talk about code simplification. And they do want to talk about,

So the process improvements have had a major impact on the Ldrc.

The recent process improvements didn't impact demolitions as much as lacs other than decreasing the number of those repeat applications.

as part of the implementation of these process improvements that really have transformed our program.

Uh many communities have been using landscaping manuals rather than putting all their technical details in their land use codes.

I found that to be really confusing when I read it. And um I'm wondering if there's a way that we could clarify that

And I know that you guys are really working through that. And I think that's really helpful for future applicants as well

to correct errors and omissions, update graphics and formatting, clarify standards and procedures

We're here to respectfully request your support for the staff recommended cone changes including in the ordinance 8697

when we did the site review criteria update, we we wrote the language which I think has been actually been interpreted a little bit more strictly

amending title 4 licenses and permits, title 9 land use code, title 10 structures related to code cleanup

we needed to also remove all of the separate references to required parking our parking reduction processes.

we have bike parking standards in our land use code, and then we also have a lot of

to make criteria-based decisions, to streamline and standardize where we can and we've made small incremental changes over time.

We've just shifted all of our applications from a Pdf to direct, apply online.

the things like the code simplification projects that we've we've been touting

and also through many different uh code simplification and some uh changes that have reduced the the time

The 3rd bullet is really the Site Review criterion that talks about the applicability of area plans and the site review process

And then the Site review process was introduced as a sort of a more formalized means of the Pud

historic preservation process simplification and most recently building code simplification all will contribute to more predictable and efficient processes

historic preservation process simplification and most recently building code simplification all will contribute to more predictable and efficient processes

we can't require site review for those 5 acre plus projects simply based on the fact that it is a large development

the optional site review process that's being created here

staff is recommending that we delete this provision to ensure that these two processes are entirely separate

the default process is simply a byright permit under existing zoning or potentially through the site review process

The biggest change is the majority of lacs can be reviewed by staff

is that something that should be removed from the building code because co-ops are basically no longer relevant

we're going to have to pretty uh significantly overhaul the site review process over the next couple of years

does that include the planning improvements that have been going on for speeding people through site reviews and code revisions

I've lost one of them because they were intimidated by the site review process.

to amend review procedures and use standards to reduce regulatory requirements for certain residential developments and setting forth related details

amending chapters 9-2 review processes 9-6 use standards and 9-8 intensity intens standards of Title 9 land use code

we as staff will continue to you know look at this and make appropriate code adjustments

the site review process would apply um should any change be made to the property

the biggest change to the program of how we operate is the process improvements that you all passed in the fall

or other things that would require site review, that it would kick them into that site review process where the public input.

So basically, what this means is that anything that doesn't require any modifications that ordinarily would still have to go through site review

to amend review procedures and use standards to reduce regulatory requirements for certain residential developments

to amend review procedures and use standards to reduce regulatory requirements for certain residential developments

amending chapters, 9. Dash, 2 review processes, 9, dash, 6, use standards and 9 dash, 8 intensity standards

when you go through a site review process you're increasing risk

by adopting form based code standards uh for parts of East Boulder moving the form based code from appendix m to chapter 9914 form based code BRC

I move that we recommend adoption of proposed ordinance 8669 amending Title 9 land use code brc1 1981 by adopting form-based code standards for parts of East Boulder

we'll be looking at the specific section of our land use code

this goal to streamline, standardize, and simplify where we can, without losing the quality

a code amendment to extend the time for initial review and project approval

recognizing that there are not only monetary but linguistic and cultural barriers uh to that process

continued focus on City process navigation and process improvements

But I think mostly we don't want to see a whole prevalence of of site reviews on really small sites

So if we're already applying similar design, related criteria as part of this administrative process

consideration of an administrative rule to expand the types of projects that can be reviewed by staff and consideration of a code amendment

we have under contract to do an audit basically of our entire parking. Section 996 of the land use code.

that's how our land use code is set up. Now compare that to the on street parking.

So the purpose of tonight's discussion is to introduce the scope and process of the proposed process improvements

the city could exempt 100 permanently affordable developments from Site Review.

was to exempt them. If they don't require any modifications from the Site Review process.

there's been a push of trying to get these projects out of site Review, because that's a barrier.

in part because of the complexity of the land use code as it exists today

we're trying to reduce site review process right and go through a non-discretionary process

continuous process Improvement is something we're always going to be working towards

ordinances that have come before you in the last year or two related to process improvements

ordinance 8622 amending Title 9 land use code brc1 1981 to simplify certain development review processes

and if all goes well according to plan, then we hope to break ground before the end of the year next year.

And here you see what we're estimating per year for each of these assets in terms of the spending needs.

improvements for staff to standardize and increase efficiency for drafting call-up memos has the potential of being a far greater time.

as part of this project, it's not just code changes.

we've been working on a number of process improvements in planning and development services

last time we did the ordinance we staff had proposed um maybe exempting missing middle housing from the site review process

There is some work, some code improvements, process improvements coming to council soon in the next couple of months.

was submitted prior to the adoption of ordinance 8, 5, 1, 5, and was therefore reviewed against the Site Review criteria in place at the time

making continued progress in our in our uh code process improvements and simplifications to encourage investments in critical areas

It was intertwined with the the personal use qualification of the the land use code in title 9

Planning Board recommends that city Council adopt ordinance 8, 6, 2, 0, amending title, 9, land use code to clarify existing code sections

So the only thing related to the land use code is the location that the the businesses can be located in.

Amending title 9, land use Code, Brc. 1981, to clarify existing code sections,

Title 9, is land use code in boulder revised codes.

if we're taking out these different sections. I wanna understand what continues to make this a medical facility?

And then there's built in institutionalized things. And that's what we're talking about today.

So we went through the Site Review criteria which made things more predictable and scriptive.

by repealing chapter 9, dash, 14, residential growth management system and deleting all references thereto

repealing chapter 9, 14, residential growth management system, and deleting all references thereto

Most of my recommendations. Had to do it. Land use code. To kind of make it easier to build.

there is a lot of built-in complexity into both process and procedure and and even codes

approval of ordinance 8590 emitting Title 9 land use code BRC 1981 to update the use table and use standards

were really to simplify and streamline what was a really complex part of our land use code

reading and consideration of a motion to approve ordinance 8605 amending Title 9 land use code to update the use table and use standards

Council will vote on City Staff's recommendation to update the land use code to create more walkable

if these in process improvements that we look to see here in the next coming months trim our process down

adjustments to the code and regulations to clarify IH requirements sort of simplify some code language and reduce redundancies

So the the planning department when there's new development and they do development review and there are land use code code changes.

And that's this part talking about land. Use codes and things like that.

And then we change the the land, use code to align with that.

It's really been about taking a look at our land use code and seeing where we could simplify standards and make it more readily understandable.

We wanted to come before you this afternoon to talk about some code changes that we're working on for our land use code.

Planning board recommends that city council adopt ordinance, 85, 99 to amend title 9. Land use code ERC. 1 81 related to the site, review, process

city council adopt ordinance a. 5, 9, 9 to amend title 9. Land use. Code BRC. 1 81 related to the site.

Public hearing and recommendation. The City Council regarding proposed ordinance 85 99 to amend title 9, land use code.

ordinance. A 399 admin related to the site, review, process and intensity form

And there was also support for exempting out middle housing from the site review process.

part of the determination under the land use code under the Brc.

we don't have any authority over the land use code.

at least we could eliminate that barrier that's in the land use code so that's where that one came from

to the actual you know where the rubber hits the road regulation in the land use code

identify where there are gaps between what the land use code is allowing and what people want

And when you look at the land, use code, the non-conforming use definition does not include occupancy.

considering simple land use code amendments that would provide greater housing opportunities in the community

in the land use code, we actually have a definition for expansion of a Nonconforming use

we've all recognized that the there are some land use code restraints that have created partially created this situation.

by increasing the length of time and approval of land, uses valid after discontinuance to 3 years

authorizing the city manager to re-establish land, use approvals, and that needs to be specific to use review and conditional use approvals.

the purpose of this project was to evaluate the land use code with the intent of removing zoning barriers

because we are moving from a 2 step review to a one step review where the 80 you is reviewed during the building permit.

how will this, once it's adopted. the integrated into our building code. our site review process, our Tpm plans.

we talked through many of the code clarification and process improvements with support from Council for those as well

the next steps would be to spend the summer working on the process Improvement changes

there's a number of other improvements just to the language and organization um of the overall standards just simplifying language

guidance on including in the site, review process and and the traffic study, development process considerations for how changes

the board generally did not feel that updating the youth standards in the land use code to accommodate a single project was appropriate

the modifications to the land use code that they're requesting that can be requested through site review include

That's what allows us to change it from a 2 step review to a one step, review

this was another opportunity for the code where we could process residential parking reductions

hopefully the the simpler that our regulations are the simpler it will be for people to understand what the rules are.

consider simple land use code amendments that provide greater housing opportunities in the community

really I'd like just for simplification to kind of make a distinction between two sets of things

the comments that were made when we talked about updating the Site review criteria that we don't tend to deny projects on these aspirational bases.

and then we'd be spending the early part of summer doing it, working on those process. Improvement changes

these are actually not changes that would be in an ordinance. This would just be process improvements, but they would be informed by the ordinance changes

to update the site review criteria really to make the criteria uh more clear uh more simplified

to update the use table and use standards related to Industrial uses and districts

this is really a code simplification trying to combine the professional and Technical office use types

there are a number of things that came up as opportunities that we thought would help to eliminate some of the barriers to adus

other code clarification and process improvements that would further reduce barriers to adus

and then general code clarification and process improvements that we thought would

It's basically the 2 of us that make the the changes to the land use code.

And then finally, the fun stuff of just improving our handouts and things self-service stuff on our website.

Are there any comments on the simplification and clarification or process improvement.

so process improvements includes a one step review right now it's a 2 step review.

So i'm going to go through. Just give a few sentences on each one of these related to code, clarification and process improvements.

You would use the same categories in the the land.

this proposal is to establish a new strategy that can simplify that

it says, the advisory board shall not solve involve itself in any. Review on the Land Use code.

I'm not saying that we should Change, our Land Use Code

It makes reference to the land use code, which is title 9

until City council wants to change the land, use code to free up some of those things

Um within the land use code. And so I have rules uh to ease this and make it easier to get public

the land use code zoning Um uh, the comprehensive plan that stand in our way to doing some of these things

to bring an ordinance back to council with targeted changes in the land use code by the end of quarter two

the code clarification improvements that I mentioned on a previous slide and process improvements

adus are measured differently than any other structure in the zoning code and so that creates some inefficiencies and confusion with applicants and homeowners

So it is a slightly different permitting process.

before we get into too much of the detail i did want to talk about just a refresher on the site review process

anything we can do to make that roadmap more clear and to make the incentives

how planning board utilizes site review processes not just to evaluate specific projects

kind of the overarching change is really improving the structure a use table is a really helpful tool

these are really the technical structural updates to the youth standards chapter of the land use code

we have a tremendous opportunity in front of us in drafting the form-based code

consider an ordinance that authorizes the city manager to waive or modify land use code requirements

under the land use code use reviews are required for outdoor seating areas that are over 300 square feet

instead of redoing the entire is only code right the entire land use code, you have some sort of overlay

it's within the review processes that exist in the land use code if those are triggered then the board sees it

the planning board sees the projects if under the land use code they require a review by the board

the site review process in this location so that's something that we could consider as he advances

process improvements during the course of this year and instead we are implementing those which have been designed

during the course of 2020 we did in fact put together the process improvements that were recommended

are you looking to do you need to get through an entitlement process for zoning allowances, there are variances

sub-community plans are used um for guidance in development review and then for those far numbers

taking a look at our land use codes and Zoning codes and I've been attending the planning board meetings

the code allows non-conforming uses to be changed and upgraded and generally the non-conforming use review criteria

section 9215 of the land use code and a determination on this application is a criteria-based decision

i've just been my own volition attending the planning board meetings and reading a little bit about land use code

one of the things we keep hearing from the community is is obviously through the site review process is making this more predictable

they did not change their land use code so that might be something to look into

and the east boulder sub community plan use tables and standards and community benef benefit

the land use code update's been slower than we'd hoped and needs more innovative ideas

before the city council tonight is ordinance 849 uh which is a cleanup of the land use code

they've been focused during this time of covid on process improvements and have made really great strides over the course of of those months

we can we can look at a better site review process um you know better criteria and and more certain standards

there just would be new criteria that would relate to community benefit and would relate to the updates

outcomes improve the clarity simplicity and predictability of the site review process and also looking deeper

I don't think the general public really understands land use codes and zoning so if like with the

we did a whole bunch of work to the use tables that's what is up for third reading tonight

TO BE MOVING INTO SCOPING OF THE NEW LAND USE CODE CHANGES

OF THE LAND USE CODE INTO GREATER ALIGNMENT WITH THE BOULDER VALLEY COMFORTS OF PLANNED POLICIES

REDUCING THE PERCEIVED RISK OF A SITE REVIEW PROCESS WOULD POTENTIALLY INCREASE UTILIZATION OF THE MANY BENEFITS PROGRAM

FOR SOME IT IS THEIR USE REVIEW SET UP FOR NOT DOING IT OR WHAT WOULD BE THE ABILITY TO VARY

SO THE PLANNING BOARD BASICALLY REMOVED THAT COMPONENT FROM THEIR RECOMMENDATION AND THAT MAY THEY RECOMMENDED FIVE ZERO

BIT OF BACKGROUND AND CONTEXT ON THE LARGER USE TABLE STANDARDS PROJECT

the first is to simplify the use table and to streamline the regulations where possible

the project seeks to look and inline the table of a land use code with the BBC P policies

i move um that we adopt ordinance 8296 amending title ix land use code brc 1981

THE ATTACHED ORDINANCE BASED ON THE FINDINGS WITHIN THE STAFF MEMORANDUM IF

AS WELL AS AN UPDATE ON THE USE TABLE AND STANDARDS LAND USE CODE CHANGE PROJECT

WE HAVE THAT ON THE LAND USE CODE CHANGES BUT THAT WAS TABULATED FOR LIKE TWENTY NINETEEN

it's on the land use code change list it's listed as usable open space that's the current title and the code

these do align with our residential zones that are governed by the far regs now under section 982 in the land use code

adjusting the size form and bulk standards of the land use code

so there won't be a site review process it will be the the form based code process

SIMPLIFYING THE PROCESS.MY FANG LAND USE CODES. PLANNING DEPARTMENT IS DOING IN.

MAYBE THERE ARE WAYS THAT THE PROCESS COULD BE SMOOTHED WITH PROCESS IMPROVEMENTS

we're also looking at doing some design changes to the land use code

starting with large lots and large homes and other land use code changes

since that time the city has been processing what we call height modifications through what's called the site review process

the community benefit land-use code change project so we wanted to present our progress and just an overall overview

I WISH THAT OUR LAND USE CODE WAS MORE CLEAR ON THIS BECAUSE

THE QUESTION IS ON THE AGENDA ITEM THREE M ABOUT THE CONSIDERATION OF THE LAND USE CODE

some of these other things would actually be in the list of ongoing and other land use code amend

through the site review process one would determine where in that range would be an appropriate number for this the site

trying to mesh it with our complicated code over the last few months