Pre-Application
If you are considering filing a development review application, a pre-application review may be beneficial. An interdepartmental city staff team is available to answer questions about applicable regulations, application requirements, and how they may affect a project on a particular site. Many pre-application questions can be answered without need for a meeting. Occasionally, staff will determine that a meeting will be the most effective approach. In most cases, pre-application review is optional; however, there are certain types of projects and reviews for which city staff recommends a pre-application review. A pre-application review and meeting are required before an application for a form-based code review is filed.
Application
Application forms are due by 10 a.m. on the business day prior to the application deadline to be considered for review on the next available track. Remaining application materials and fees are due by 10 a.m. on the application deadline. Track calendars are available on the Development Review and Plan Case Applications webpage, refer to the LUR Calendar for this application type.
Review Schedule
Each application is assigned to a "track" based on availability of staff resources to conduct the review. The track assigned determines the land use review schedule which the project will follow and helps applicants gauge the time needed to complete the review process. A generalized diagram of the land use review process appears below. Once a review track has been assigned, the city commits to this time schedule, assuming the applicant meets appropriate deadlines. In addition, the schedule may be accelerated or a project may be placed on a later track based on the applicant's response time, the number of revisions, and staff, Planning Board or City Council work volume.
Basic Steps in the Land Use Review (LUR) Process
- Pre-Application Meeting (optional)
- Application Submittal and Initial City Review
- Initial Review and Review of Revised Plans
- Applicant Files Revised Plans; city reviews (max. 2 revisions)
- Applicant Makes Final Corrections (if needed)
- Final Technical Document Review Application
- Decision (Staff, Boards)
- Final Technical Document Review Application
Reviewers
The land use review process includes review by the Development Review Committee (DRC) which is made up of representatives from city departments and other referral agencies. Each representative provides review comments about how the application complies with code and policy requirements within their area of responsibility. When the interests of individual departments diverge, developing consensus is the responsibility of the Policy Resolution Group (PRG), made up of Planning and Development Services leadership and the City Attorney's Office.
Initial Review and Review of Revised Plans
Public notice, by mail and posting a sign on the property, occurs during the initial review. The applicant is responsible for posting of a sign that is created by Planning and Development Services.
During a project's initial review, a summary of the city's findings, a list of requirements and informational comments are identified and given to the applicant in the form of Development Review Results and Comments.
Projects are reviewed for conformance with development standards and requirements and some are evaluated against qualitative design criteria. City comments and/or a decision are issued approximately three weeks after the start of the assigned review track.
Issuance of the Development Review Results and Comments concludes the services covered by the initial application fee. Note that each additional review after the third review may require additional fees based on the application type.
The case manager is available to meet with the applicant to review and discuss the city comments. After considering the issues identified in the initial review, the applicant is given the opportunity to propose revisions. Revisions must be submitted, or a written request for continuance received within 60 days from the date of city comments; otherwise, staff will either take action on the latest plans on file or the application is voided. Revised applications are evaluated by DRC staff members and review of revision comments are issued by the case manager within three weeks after the start of the assigned review track.
Decisions/Call-ups/Appeals
Depending on the potential impact, Boulder's land use regulations assign approval authority to either city staff, Planning Board, or both Planning Board and City Council. After the completion of staff review, Planning & Development Services either issues a staff decision or refers the project to the Planning Board or City Council.
For site review, use review, form-based code review and subdivision (at final plat review), a "Notice of Disposition" is issued. This is a short document stating the decision and listing any conditions of approval. These decisions are final after a 14-day "call-up" period. Most staff-level decisions may be called up or appealed by the Planning Board for a final decision. Planning Board and City Council decisions are also issued as Dispositions.
Several types of Land Use Review applications do not have dispositions issued and follow a slightly different review process at the time of the project decision. For additional information on the steps towards a final decision for a particular application type, please refer to the webpage for the specific application type or contact Planning and Development Services.
Expiration of Approval for Site, Use, and Form-Based Code Approvals
For site, use, and form-based code reviews, the applicant must sign a development agreement and file a final approved plan within 90 days, or the approval expires.
The applicant must also obtain building permits and start the approved project within three years from the date of final approval, or as modified by a specific development schedule. Extensions can be requested with proof that reasonable diligence has been exercised to begin the project.
Technical Document Review and Permit Review
The conditions of approval for most Land Use Review applications will generally require several documents to be prepared, filed and recorded depending on the review type. These may include final plans (architecture, site, landscape), a subdivision final plat and agreement, a development agreement, engineering plans, and dedications of easements or rights-of-way.
For city review and approval of these technical and final documents, the applicant files a Technical Document Review application. The Technical Document Review process (TEC DOC) is similar to Land Use Review (same application deadlines, but no hearings are involved).
Permit Review
After the required technical documents have been approved, the applicant may file a building permit application for any new construction. Information on building permits is available on the Building Permits and Inspections webpage. The applicant may also need to obtain other permits or approvals to complete the project, including growth management allocations and floodplain development permits.