Process Information

Site Review Summary

The discretionary review process called Site Review is available to modify certain development standards of the city's land use code. The purpose of Site Review, as described in Section 9-2-14(a), is to promote the most appropriate use of land, to improve the character and quality of new development, to facilitate the adequate and economical provision of streets and utilities, to preserve the natural and scenic features of open space, to ensure compatible architecture, massing and height of buildings with existing, approved, and known to be planned or projected buildings in the immediate area, to ensure human scale development, to promote the safety and convenience of pedestrians, bicyclists and other modes within and around developments and to implement the goals and policies of the Boulder Valley Comprehensive Plan and other adopted plans of the community.

Modifications That May Be Requested

Specific sections of the land use regulations may be modified through Site Review (see list below). Some examples of the major categories of modifications that may be requested in a Site Review are:

  • Setback Modifications
    • Most zoning districts have specific minimum requirements for the setback of buildings from any property line. Alternative setbacks, referred to as setback modifications, can be considered through the Site Review process if the alternatives result in improved site design consistent with the Site Review criteria. Setback variances may also be considered by the Board of Zoning Adjustment and Building Appeals. However, their approval is limited to certain hardship circumstances where it is not possible to comply with the standard setbacks due to unusual characteristics of the site.
  • Parking Reductions
    • A reduction in the number of required off-street parking spaces. Parking reductions over 25% require Site Review approval. Parking reductions over 50% require approval by Planning Board. Some parking reductions, as permitted by Section 9-9-6(f), can be considered by city staff as an Administrative Review (without a Site Review).
  • Height Modification
    • Building height over the "by-right" standard up to the 55 foot height limit, with the exception of buildings which meet the conditional height criteria of Section 9-7-6. Height above the “by-right” standard can be considered through the Site Review process, if the height and building design are demonstrated to be consistent with the Site Review criteria, and if eligible per Section 9-2-14(b)(1)(E). Some height modifications (called height bonuses and discussed below) require additional community benefit requirements for buildings that include a 4th or 5th story. There is also an administrative Site Review (no required Planning Board meeting) for height modifications to buildings that do not exceed the permitted height for principal buildings but are on sites where height is restricted below 35 feet due to nonstandard lot size (see Section 9-10-3). Height modifications for accessory buildings may also be reviewed in this procedure if the reason for the height is due to topography.

Land Use Intensity Modifications

Modifications to minimum open space on lots, floor area ratio, maximum height, and number of dwelling units per acre requirements may be approved pursuant to the standards of subparagraph 9-2-14(h)(6) if found to be consistent with the requirements and criteria of Site Review by Planning Board.

  • In the DT, BMS, BR-2, and MU-3 zoning districts, the open space requirements may be reduced.
  • In the BMS, BR-1, IMS, IS, MU-1, and MU-2 zoning districts, the density and floor area of a building may be increased above the maximum, provided the building meets the requirements for a height bonus.
  • A building proposed with a fourth or fifth story or addition that exceeds the permitted height requirements, together with any additional floor area or residential density, may be approved if specific community benefit requirements and other design criteria are met.

Minimum and Maximum Thresholds

Minimum and maximum thresholds apply to Site Review applications. These threshold categories are based on various measurements of a project's size - either total building floor area, land parcel size or in some case, number of units. A project that exceeds any of the Site Review maximum thresholds must complete a Site Review - "by-right" development is not permitted. Concept Plan Review is also required prior to Site Review. Review thresholds for Site Review in Section 9-2-14(b)(1).

If a project is large enough to meet any of the minimum thresholds, then it is eligible for a Site Review. If a project is smaller than the minimum thresholds standard, it is not eligible for Site Review.

As an example, a project with four residential units in the RL-1 zoning district may not complete a Site Review since it does not meet the minimum threshold, but a 50 unit project in the same zoning district must complete a Site Review because it exceeds the maximum threshold.

Off-Site Affordable Housing

Additional review is necessary when a development proposes to provide “off-site” affordable units on a different site than the one that generates the inclusionary housing requirement. The affordable housing review can be done through a voluntary or required Site Review. If the off-site development does not undergo these reviews, an Affordable Housing Design Review is required through an administrative review process. For more information review see Chapter 9-13.

Site Review Process

Applications for Site Reviews are received by the Planning and Development Services Center and are reviewed through the Land Use Review process, including public notification. The initial review of the application takes approximately three weeks from the start of the review track. If your application requires subsequent revisions, each additional staff review of the revisions will also take about three weeks from the start of the review track. Site Review projects must be found to meet the applicable review criteria listed in Section 9-2-14. A list of the Site Review criteria is attached to this document.

For certain types of Site Review applications, the Planning and Development Services Department submits a recommendation to the Planning Board. The board holds a public hearing and makes a decision. Staff may also refer applications to the Planning Board that it finds to be inconsistent with the Site Review criteria or if staff finds the application warrants board review.

Planning Board action is required for Site Reviews that include the following modifications or requests:

  • A reduction in off-street parking of more than fifty percent subject to compliance with the standards of Subsection 9-9-6(f).
  • A reduction of the open space or lot area requirements allowed by Paragraph 9-2-14(h)(6).
  • An application for any principal or accessory building above the permitted height for principal buildings set forth in Section 9-7-1.
  • An application for which the applicant intends to establish Vested Property Rights (Section 9-2-20)

All other Site Review applications may be decided by the Planning and Development Services Department. Planning and Development Services Department decisions on Site Reviews are final after a 14-day "call-up" period. These decisions may be called up by the Planning Board for a public hearing and decision or appealed to the Planning Board by the applicant or any interested person. All Site Review decisions are issued in a document called a "Notice of Disposition." The disposition specifies approval, approval with conditions (and lists those conditions), or denial.

The applicant must obtain applicable building permits and start construction within three years from the date of final approval (or as modified by a development agreement). If a project is not begun within three years or according to the project's development agreement and no extensions have been approved pursuant to Section 9-2-12, the approval expires. Minor modifications and minor amendments to approved Site Review plans may be applied for, in accordance with city code.

Site Review Requirements

  • A complete Land Use Review Application Form, including signatures by or the written consent of the owners of all property to be included in the development.
  • A completed Sign Posting Acknowledgment form.
  • An improvement survey or improvement location certificate by a registered surveyor, of the subject property. Refer to the Survey Information Handout for requirements.
  • The legal description of the subject property.
  • A vicinity map indicating the site and names of adjacent streets. If the site is less than one acre, the map must be drawn at a minimum scale of 1":200'.
  • A written statement which describes the proposal and addresses how the application meets the applicable criteria for approval found in Section 9-2-14(h) This written statement shall include the following information:
    • A statement of the current ownership;
    • An explanation of the objectives to be achieved by the project, including without limitation building descriptions, sketches, or elevations that may be required to describe the objectives;
    • A development schedule indicating the approximate date when construction of the project or phases of the project can be expected to begin and be completed; and
    • Copies of any special agreements, conveyances, restrictions, or covenants that will govern the use, maintenance, and continued protection of the goals of the project and any related parks, recreation areas, playgrounds, outlots, or open space.
  • A complete site development plan set prepared at a standard engineering scale sufficient to clearly show the details of the drawing, showing elements of the development, including without limitation:
    • The existing topographic character of the land, showing contours at two foot intervals;
    • The site and location of proposed uses with dimensions indicating the distance from lot lines;
    • The location and size of all existing and proposed buildings, structures, and improvements, and the general location of adjacent streets, structures, and properties;
    • The density and type of uses;
    • The internal traffic and circulation systems, off-street parking areas, service areas, loading areas, and major points of access to public rights-of-way;
    • The location, height, and size of proposed signs, lighting, and advertising devices;
    • The areas that are to be conveyed, dedicated, or reserved as parks, recreation areas, playgrounds, outlots, or open space and as sites for schools and other public buildings;
    • The areas that are to be conveyed, dedicated, or reserved for streets, alley, and utility easements;
    • The areas subject to the one hundred-year flood as defined in Section 9-3-3, "Regulations Governing the Floodplain," and any area of the site that is within a designated conveyance zone or high hazard zone;
    • A general landscaping plan at the time of initial submission to be followed by a detailed landscaping plan prior to or as a condition of approval showing the spacing, sizes, specific types of landscaping materials, quantities of all plants and whether the plant is coniferous or deciduous. All trees with a diameter of six inches and over measured 54 inches above the ground on the property or in the landscape setback of any property adjacent to the development shall be shown on the landscaping plan;
    • A north arrow and scale of drawing clearly indicated on each sheet.
    • A tree inventory that includes the location, size, species and general health of all trees with a diameter of six inches and over measured 54 inches above the ground on the property or in the landscape setback of any property adjacent to the development. The inventory shall indicate which trees will be adversely affected and what if any steps will be taken to mitigate the impact on the trees. The tree inventory shall be prepared by a certified arborist that has a valid contractor license pursuant to Chapter 4-28, "Tree Contractor License."
  • Architectural floor plans and elevations of the existing structure(s) and any proposed additions or renovations, including the maximum height of all buildings measured per the requirements of Section 9-7-5, and building elevations showing exterior colors and materials and any anticipated roof top appurtenances. If new residential units are proposed label each unit with a discreet unit address and total floor area per definition of “floor area” in Chapter 9-16. Plans must be drawn at a standard architectural scale sufficient to show the details of the drawing.
  • A utility plan or utility connection plan, depending on whether public improvements are required.
  • Preliminary stormwater plan and preliminary stormwater report, depending on whether public improvements are required. Plans must be drawn at a standard engineering scale.
  • Travel demand management (TDM) plan which outlines strategies to mitigate traffic impacts created by the proposed development and implementable measures for promoting alternate modes of travel, in accordance with Section 9-2-14(d) of the Land Use Code, and the City of Boulder Design and Construction Standards.
  • A shadow analysis depicting shadows on December 21 for each structure in the project, and depicting shadows calculated pursuant to with Section 9-9-17, "Solar Access Protection," for those buildings that affect adjacent properties. See Solar Access Guide.
  • A completed vested property rights option form (attached).
  • A completed Land Use Review Project Fact Sheet.
  • Current title insurance commitment or attorney memorandum based on an abstract of title, current to within 30 days.
  • A copy of notification sent to each Mineral Estate Owner. See Section 9-4-3 for requirements or written certification that the applicant performed a Mineral Estate search and found no owners.
  • Developments that include housing units must submit a Preliminary Determination of Inclusionary Housing Form and Unit Data Spreadsheet and must meet the inclusionary housing requirements of Chapter 9-13, B.R.C. 1981. Review requirements at the city's Inclusionary Housing web page.
  • The site review fee, as listed on the Land Use Review Application Form.
  • Any other information that the applicant wishes to submit.

Additional Height Modification Application Requirements

  • For developments in all Downtown (DT) districts, a digital model, at a scale of no less than one inch equals 30 feet, of the proposed building and all buildings and property within 100 feet of the proposed project.
  • For developments in all Downtown (DT) districts, an illustration of the proposed building shown from street level demonstrating the pedestrian view, including without limitation, a perspective, computer model, or photographic montage.
  • A shadow analysis, as described in the solar analysis instructions provided by the city manager, that shows the shadow cast by a 35 foot building located at the required setback and the shadow cast by the proposed building.
  • A list of the height of each principal building located or known to be proposed or approved within 100 feet of the proposed project.
  • A written statement and drawings which describes the way in which the proposal accommodates pedestrians, including without limitation uses proposed for the ground level, percent of transparent material at the ground level, and signage and graphics.
  • When additional open space is required by code due to building height, include a detailed plan showing the location of all useable open space and a written statement of how it serves the public interest.

Combined Site Review and Subdivision Applications

An approved Site Review plan may be subdivided under Chapter 9-12, "Subdivision.“ The approved site plan may substitute for a preliminary plat if it meets the conditions of Section 9-12-6, "Application Requirements for a Preliminary Plat."

If an applicant for a Site Review intends to subdivide a project and combine Subdivision and Site Review applications, then the applicant should refer to the guidelines for Preliminary Plat for Subdivision including preliminary plat requirements. The site review and preliminary plat requirements may be met on the same site plan document(s).

Site Review Criteria Response

For a Site Review application to be approved, the approving agency must find that the application meets the applicable Site Review criteria. These criteria are found in Section 9-2-14 of the city's land use code and are listed below. Applicants must provide responses to each criterion, explaining how their application complies with each criterion. Submit a response to each criterion with the application.

In addition to general criteria that apply to all site review applications, there are additional specific criteria which apply to certain types of requested variations. These additional criteria must be addressed by the applicant in the written statement, and are found in the following sections of the land use code: