Wednesday, March 12, 2008

Boulder County House Size Restrictions

House-size proposals tweaked
By John Fryar Longmont Times-Call

BOULDER — Restrictions and conditions should be imposed on new rural Boulder County homes that would exceed county-set size thresholds, the Board of County Commissioners has tentatively decided.

Commissioners Ben Pearlman, Will Toor and Cindy Domenico unveiled their latest version of proposed structure-size regulations at a Monday evening study session.
Under the commissioners’ currently favored scenario, an applicant would have to buy development rights before being allowed to proceed with building a house and related structures totaling more than 3,000 square feet of above-ground floor area — regardless of whether that residence is to be located in the mountains or on the plains.
Subterranean basements of any size, whether finished or unfinished, would not count against that 3,000 square-foot total. But walk-in basements would.
The developer could have up to 500 square feet of detached or attached garage space — enough to house two vehicles, county officials said — that also would be exempt from the 3,000 square-foot threshold. But any additional garage space would count against the limit.
The project could include up to 500 feet of detached storage sheds and other outbuildings that wouldn’t count against the 3,000 square-foot calculation. But any additional outbuildings would be factored into the floor-area totals.
By not counting below-grade basements, 500 square feet of garage space and 500 square feet of outbuildings, the resulting overall project could actually wind up being several thousand square feet larger than the 3,000 square-foot threshold, Pearlman said.
“We are talking about very large houses” that still could be built, Pearlman said — if the applications pass other county tests, such as clearer site-plan review criteria about whether the project would be compatible with other homes in its county-defined neighborhood.
Under the latest proposal, “you really do have to be building a giant structure before it affects you,” Pearlman said. The development rights that a large-house applicant would have to buy in order to exceed the 3,000 square-foot threshold would be made available when owners of property elsewhere in Boulder County sell building rights after deciding not to develop their own land to its full county-set potential. That, county commissioners said, should help preserve open areas and maintain a mixture of small, medium-size and larger houses in unincorporated Boulder County.

On Feb. 20, the Boulder County Planning Commission recommended against proceeding with the structure-size thresholds and development-rights transfer program under consideration at that point. Pearlman noted on Monday, however, that the planning advisory panel also endorsed the general concept of using such a program to offset the impacts of large-scale houses.
Commissioners directed Monday that the county staff prepare another draft of the program, based on the commissioners’ study-session positions — a revised draft that may be ready for further consideration and possible board action as early as next Tuesday.
The earlier version of the proposed program drew more than 60 speakers to a three-hour-long public hearing last Thursday night.

When Pearlman was asked after Monday’s study session whether there would be another hearing on the revisions the commissioners have ordered before they take final action, he said, “I don’t know that we need another public hearing.” Commissioner Will Toor suggested that before scheduling any more hearings, he and his colleagues first have to see how substantively their study-session directives changed the draft program published before last week.
During Monday’s study session, Commissioner Cindy Domenico said there will be many chances in the months and years ahead to modify the house-size and development-rights transfer program, if that proves necessary. “There’s always an opportunity to fine-tune a program as you move forward into the future,” Domenico said.

Commissioners said they’ve decided to drop a proposal to designate such unincorporated communities as Allenspark, Raymond, Riverside and Hygiene as “special character areas.” Instead, the county will work with residents and property owners on possible plans and guidelines for future development in those communities.

John Fryar can be reached at 303-684-5211 or jfryar@times-call.com.

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