DC-18-0004 Niwot Rural Community District (NRCD) Land Use Code Update

DC-18-0004 Niwot Rural Community District (NRCD) Land Use Code Update (Niwot moratorium)

Board of County Commissioners Public Meeting – April 23, 2019

The Board of County Commissioners (BOCC) will consider proposed text amendments to amend the County’s Land Use Code Article 4-116 Niwot Rural Community District and related provisions. The hearing will be livestreamed via the Boulder County Open Meeting Portal.
Date: Tuesday, April 23, 2019
Time: 3 p.m.
Location: Commissioners’ Hearing Room, Boulder County Courthouse, Third Floor, 1325 Pearl St., Boulder

Moratorium Background

A need was identified to update the Niwot Rural Community District (NRCD) Land Use Code provisions (Article 4-116) to ensure they are sufficient to protect and promote public health, safety, and welfare, and maintain the unique character of the Niwot community by appropriately balancing changes in development and growth with the present and future needs of the community. On Sept. 20, 2018, the Board of County Commissioners (BOCC) authorized staff (via Resolution 2018-112) to review and update the NRCD regulations (Article 4-116) of the Boulder County Land Use Code. The BOCC enacted a temporary, six-month moratorium on processing applications for proposed development in the NRCD, pending consideration of Land Use Code amendments. Read more.
Niwot Rural Community District (Commercial) map
On Oct. 30, 2018, the BOCC held a public hearing for the purpose of receiving public comment on whether to terminate, extend, or otherwise amend the six-month moratorium. The Commissioners voted (3-0) to maintain the moratorium with an amendment to exclude the Niwot Historic District. (Note: The Historic District is excluded from the moratorium meaning development applications can be processed for that area during the moratorium. However, the Historic District is within the NRCD area as a whole and therefore regulations governing that area may change as part of this Code update.)
Since the moratorium went into effect staff has studied existing conditions and potential regulatory changes drawing on planning best practices and an understanding of the unique circumstances of the NRCD.
Proposed changes to the regulations will be based on staff analysis, Boulder County Comprehensive Plan policies for the area, and public input gathered through community meetings in October, December and January (summarized on this page), written comments, comments provided at the October 30 BOCC hearing, and a pop-up meeting station. Staff is currently drafting regulations and continues to gather community feedback as potential concepts are shared with the public and refined based on feedback. After a community meeting on January 24 staff will develop draft language for referral to interested third parties, and plans to take proposed regulations to Planning Commission in February. Further revisions may be needed after Planning Commission feedback. Following Planning Commission approval the proposed regulations will be taken to BOCC for review and approval.

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Reference Documents and Maps

Public Meetings

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Past Public Meetings

Board of County Commissioners Public Hearing, March 12, 2019

On March 12, 2019, the Board of County Commissioners considered proposed text amendments to Land Use Code Article 4-116 Niwot Rural Community District and related provisions. After presentation by staff, public testimony, and deliberation, the Board directed staff to look at additional changes to the proposed Code changes (view video of the hearing starting at 29:55). The Board voted to table (continue) the meeting to 3 p.m. on April 23, 2019, and to maintain the current moratorium to April 23, 2019.

Planning Commission Public Hearing, Feb. 20, 2019

On Feb. 20, 2019, the Planning Commission considered proposed text amendments to amend the County’s Land Use Code Article 4-116 Niwot Rural Community District and related provisions. After presentation by staff, public testimony and deliberation, the Planning Commission recommended (7-0 vote) that the Board of County Commissioners approve the proposed Land Use Code text amendments to Article 4-116 and associated provisions of the Boulder County Land Use Code in docket DC-18-0004 as presented in Attachment A of the staff report for Feb. 20, 2019, with an amendment removing the last sentence in Section E.1.a. of the NRCD Design Requirements (Where alley access is available, curb cuts should not be permitted.), and with strong encouragement that the Land Use Department and Board of County Commissioners investigate better methods for creating incentives for retail and restaurant businesses to stay in the NRCD and be developed there, and also to preserve legacy businesses within the NRCD.
Documents:

Community Meeting, Jan. 24, 2019

Boulder County held a community meeting on Jan. 24, 2019, as part of the Niwot Rural Community District (NRCD) update. The primary focus of the meeting was to present a draft of the proposed Code criteria and gather community feedback and public comment to inform final revisions to the land use regulations for the NRCD. Areas of focus included density, site design, circulation and mix of uses.
Documents:

Pop-Up Meetings, Dec. 13-21, 2018

During the month of December staff provided an opportunity for members of the Niwot community to stop by a booth set up in the lobby of 136 2nd Ave. to provide input on specific topics related to the Niwot Rural Community District (NRCD) Land Use Code update. This supplemented other data gathering methods taking place during this stage of the NRCD Code update process. The booth included a poster showing current conditions within the NRDC, and depicting potential changes to various site design parameters and changes to other planning topics under consideration. Worksheets were provided for members of the public to complete, and staff was available to answer questions at various time periods that were posted. A total of 20 worksheets were completed and returned. The pop up meetings concluded after the December timeframe in order to allow for processing of the range of community feedback gathered to date, and for development of updated draft NRCD Land Use Code content.

Community Workshop, Dec. 17, 2018

A community workshop was held Dec. 17, 2018 as part of the Boulder County Land Use Code update to the Niwot Rural Community District (NRCD), which includes property along 2nd Avenue from west of Murray St. to Niwot Rd. The primary focus of the meeting was to gather community feedback and public comment to inform the revisions to the land use regulations for the NRCD. Areas of focus included density, circulation and mix of uses. About 70 people attended the workshop.
Documents:

Board of County Commissioners Public Hearing, Oct. 30, 2018

The Board of County Commissioners held a public hearing on Oct. 30, 2018, for the purpose of receiving public comment on whether to terminate, extend, or otherwise amend the six-month moratorium on processing applications for development in the Niwot Rural Community District pending consideration of Land Use Code amendments approved by Board of County Commissioners’ in Resolution 2018-112 on September 20, 2018. After staff presentation, public comment, and deliberation by the Board, the Commissioners voted (3-0) to maintain the moratorium with an amendment to exclude the Niwot Historic District. View the hearing video (select event bookmark #13).
Documents:

Community Meeting, Oct. 17, 2018

A public meeting with county staff was held at the Left Hand Grange No. 9, 195 Second Ave., Niwot, on Oct. 17, 2018, to gather community feedback on the temporary moratorium on processing applications for proposed development in the Niwot Rural Community District, which includes property along 2nd Avenue from west of the railroad to Niwot Rd. Staff provided an overview and answered questions about the moratorium on new development. The primary focus of the meeting is to gather community feedback and public comment to inform the revisions to the land use regulations for the NRCD. View the meeting materials/posters.

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Contact for this Docket

Jose Ruano, Long Range Planner I
Phone: 303-441-3922

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