By Terry Stokka
El Paso County is in the middle of a periodic update and revision of the Land Development Code. Just as the county master plan outlines general policies and guidelines that are advisory, the LDC complements it with specific limits and rules for buildings, homes, zoning and almost everything having to do with what is and is not allowed on each type of property.
On Sept. 3, the county began a series of meetings with citizens to inform them of the revision process and invite their input. The first meeting took place at the Black Forest Fire Station. About 50 people attended while consultants from Clarion Associates in Denver outlined the process and progress to date.
The basic theme from the consultants was that they want to make the code more user-friendly and simplify provisions they believe are too cumbersome because of hearings and restrictions. It was clear to many in the audience that simplifying the code could remove some of the protections that Black Forest residents value in preserving the forest.
One example was the proposed removal of the requirement that Special Use requests go through a public hearing. Such requests would instead be evaluated and decided by county staff. Residents of the Forest are aware of examples where Special Use requirements were ignored or abused.
Another example involved additional dwelling units, which were originally designed to allow a property owner to temporarily add a second dwelling unit on their property to house elderly parents, children with disabilities or guests. The second dwelling unit could not be rented, nor could guests be charged to stay there.
The proposed change to the LDC would allow the owner to rent or lease the property. County staff advised the consultants to modify the LDC to permit more housing options in the county. Critics of the change argue that it would effectively double the density on every property where an ADU is built, resulting in increased water use, traffic, noise and congestion.
The atmosphere in the room became more heated as the presentation progressed and questions were addressed. The consultants concluded the meeting with a clear understanding that the audience was not convinced the updated LDC would provide sufficient protection from overdevelopment and land-use abuses in the Black Forest.
