Development Review for Planning coordinates the review of development applications for consistency with the city’s adopted policies and regulations and makes professional, criteria-based recommendations to the Planning Board and City Council on development projects. The group is also responsible for zoning administration and the coordination of regular updates to the city’s land use code.
Planned developments (generally referred to as PUDs) are a planning tool utilized by the city since 1962 to allow for flexibility in development and provide for increased public benefit and enhanced design. Over time the process has been referred to as Planned Business District (PB), Planned Development District (PD), Planned Residential District (PRD), Planned Unit Development (PUDs), High Density Overlay Zone Review, Major Site Review (MSR), Height Review (H), and Site Review (SI or LUR). They promote innovative design and allow for greater diversity of housing types and densities. The intent behind planned developments and how they are implemented has not substantively changed over time. However, the process for maintaining documentation and tracking individual PUD regulations was not standardized or streamlined. Based on prior research, there are currently more than 2,000 planned development approvals that impact approximately 8,000 individual properties. This creates a challenging environment related to the regulatory review as these individualized and custom approvals are built, modified and amended over time to meet the everchanging needs of our community.
City code specifically regulates the placement of structures within or upon any public right-of-way or public easement and does so through the revocable permit and short- and long-term revocable lease processes. Long term revocable leases require the approval of city council. Most revocable cases are related to outdoor patios and signage, however there are a variety of encroachment types into the city’s right of way. Revocable permits and short-term revocable leases require renewal every three years, requiring staff to track active permits over time. With existing resources, P&DS staff have not been able to keep current with renewing or canceling expiring leases. Currently there are 343 active leases, and an additional approximately 350 leases of unknown status. The internal review process is complex and requires close coordination with the city attorneys office, licensing, sales tax, and engineering. As indicated, long term leases require city council approval which requires a formal council memo in addition to the lease document.
For 2023, due to the significance of the large number of development reviews and it’s impacts on our customers and staff, the P&DS Department recommended an additional City Planner FTE position and to convert an existing fixed term Senior Planner position to an ongoing position. This work is highly detailed, will require significant public engagement and will continue for many years. This program previously had 10 positions supporting this work and currently has four The intended outcome is to replace some of the PUDs through a series of rezonings to clarify and document applicable regulatory standards, so property owners understand the effect on their properties. The intended outcomes of the additional FTE recommendations will allow for staff to accurately administer our regulations, allow for the use of technology for self service for customers, develop process improvements that would streamline the internal review process.
2023 Activities:
PUD Project. The additional Senior Planner supports this multi-year project that involves mapping, documenting and review of the city's 2,000 PUD's, which impact around 8,000 properties. This work will enable enhanced customer self-service tools for knowing regulations impacting their property.
Lease & Outdoor Dining Support. An additional Planner position will administer the revocable permit and lease program. These permits and leases are required for those who would like to place a structure or sign in the public right-of-way. This position is needed to maintain administration of current leases and to assist with the outdoor dining program.
ADU and Other Regulations. Staff will propose an ordinance to remove saturation limits for Accessory Dwelling Units (ADUs) within a certain radius and to allow for attached or detached ADUs wherever existing requirements are met, as well as explore other code changes to streamline and clarify the review process.
Density Calculations for Affordable Housing. An ordinance for Council consideration will be developed that would increase affordable housing by revising density calculations in certain zone districts, reduce parking restrictions, and look at other zoning amendments that could better incentive smaller, more affordable housing.
Review Industrial Districts. The Division will perform a comprehensive review of all uses and their allowances in the industrial districts. The primary intent will be to modify the code as necessary to implement any use table recommendations of the East Boulder Subcommunity Plan, while also identifying other necessary modifications to uses in the industrial districts. There may be related necessary implementation steps that come out of the plan that may be integrated into this work.
Neighborhood Centers. Work will take place to implement the Boulder Valley Comprehensive Plan policies related to neighborhood centers by focusing on the overarching goals identified by the Planning Board subcommittee, which include encouraging 15-minute neighborhoods, supporting mixed-use nodes along corridors, and supporting walkable neighborhood centers of varying scales.
Expand the Community Benefit Program. This activity will add new land use intensity modification criteria for community benefits beyond permanently affordable housing (e.g., below-market rate commercial space, space for the arts, publicly accessible open space, etc.). Staff will develop revisions to the criteria to be more prescriptive, to increase the level of predictability in projects in terms of form, design and intensity, and to better achieve BVCP goals in line with sustainability and resiliency. This effort will likely add design standards that address taller, larger buildings and avoid impacts to identified public view corridors.