In a contentious Earth Day meeting, Boulder County Commissioners voted to approve new Site Plan Review regulations limiting home sizes in unincorporated areas of the county, despite significant opposition from local architects, realtors, property owners and the unanimous rejection of the proposed changes by the Boulder County Planning Commission.
The amendment, known as DC-24-0003, substantially limits increases in residential floor area for modifications to existing homes in unincorporated Boulder County, The new regulations will take effect on May 13, 2025, when the current moratorium on certain housing developments will also be lifted.
The April 22 meeting drew nearly 30 speakers, both in-person and virtual, with business organizations unanimously opposing the changes. Scott Rodwin, who said he was speaking on behalf of the American Institute of Architects of Colorado, the Boulder-Longmont Realtors Association, Chamber of Commerce, and Better Boulder, led the opposition.
Local architect Alex Gore shared stories of clients who abandoned building projects in Boulder County due to existing regulations, which previously allowed increases in floor area up to 125% of the median neighborhood floor area, with one client relocating to Larimer County to build "an amazing energy-efficient home" after being denied permission to expand their Boulder residence.
Patricia Murphy, a 50-year resident of Morton Heights in Niwot and 40-year Niwto realtor, argued passionately that the regulations would prevent needed modernization of older homes. "These homes are functionally obsolescent in size and function for the families that are looking for homes," Murphy said, explaining that young families are choosing to open enroll and commute from places like Erie rather than purchase outdated homes in neighborhoods like Niwot.
Murphy displayed photos of her own home, which she remodeled to 225% of its original size several years ago, arguing that such expansions allow for community gatherings and better mental health without disrupting neighborhood character.
Murphy also talked of the children who have great memories of walking to school in rain, snow, and shine with their friends and being able to make more of these lasting memories with new generations.
Supporters of the regulations, including Julia Kashkashian, welcomed the proposed changes, arguing that ever-increasing home sizes are "forever altering [the county's] character and is at odds with the county's sustainability" goals. Kaskashian also cited that nearly half of building proposals seek sizes above the presumptive size limit, with more than 90% of those being approved under current regulations.
During staff questioning, planner Ethan Abner addressed concerns about tying floor area to zoning districts, explaining that the challenge lies in the inconsistent size and shape of parcels in unincorporated areas. He also noted county data showing that while home sizes have increased in square footage, household sizes have decreased in unincorporated areas.
After a lengthy questioning period, Commissioner Ashley Stolzmann moved to approve the proposed amendment with a key modification, setting a 3,500 square foot threshold for properties with existing residential floor areas between 3,001 and 4,500 square feet. While Commissioner Marta Loachamin seconded the motion, Commissioner Claire Levy voiced concerns that led to her opposition to the change.
Though Levy acknowledged the regulations' sustainability merits and praised the sliding scale concept, she could not support the proposal without addressing several issues. These included reconsidering how basements count toward floor area calculations, creating better incentives for home renovations rather than demolitions, and revising the definition of "neighborhood." Despite Levy's objections, the motion passed on a 2-1 vote, and the new regulations will take effect May 13, coinciding with the end of the current development moratorium.
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