Boulder County's Moratorium: What it Means
In an unexpected move, Boulder County has implemented a six-month moratorium on processing applications for development in high-intensity zoning districts within the Town of Lyons’ primary planning area (a three-mile radius surrounding the Town). What does this mean for Boulder County residents and, importantly, for CEMEX's operations?
What the Moratorium Entails
The moratorium halts the processing of applications for development in Commercial, Business, Transitional, and General Industrial zone districts near the Town of Lyons. However, it does not affect residential and by-right agricultural development applications, any complete development applications currently being processed, or any property within Town limits.
Why It Matters
Director Dale Case noted that an evaluation of the zoning map and regulations in the area was "long overdue" and was also a response to community feedback, particularly during the Dowe Flats hearings. Lyons residents have been vocal about ensuring our voice is heard as it relates to land use planning that directly or indirectly impacts the Town.
The County’s Press Release referenced the impact of the 2013 floods on the area and what impact that may have on zoning. In regard to CEMEX, the plant area has transitioned into the floodway, a change which likely warrants updated zoning. This adds another layer of complexity to CEMEX's current and future operations.
Boulder County Flood Risk Zones
Another interesting consequence to this unexpected moratorium is how it may impact our active investigation with Boulder County regarding termination of their non-conforming use. Should Boulder County determine that a Notice of Termination is warranted, CEMEX would need to apply for a Special Use Permit in order to potentially continue operating — an option now likely off the table until at least March 2024.
Changes in Zoning and the Subsequent Public Process
Should Boulder County recommend down-zoning for any properties, it will initiate a public process that begins with the Boulder County Planning Commission and ends with a vote by the Boulder County Commissioners. Community input will be vitally important.
The timing of this moratorium coincides interestingly with what appears to be an imminent decision from Boulder County regarding CEMEX’s non-conforming status, and also the pending, and long overdue, negotiations with the Town of Lyons regarding their IGA (Intergovernmental Agreement). We are not quite sure how this will impact either, but will be watching closely and vocalizing any concerns.
Questions? Don’t ever hesitate to reach out to us at info@goodneighborslyons.com.
