How to comment on county’s development applications
By Kevin Curry
Last month’s article on the LDC (Land Development Code) described how it applies to applications for land use consistent with zoning. This month, we look at how to effectively get messages across when opposing (or supporting) a development application.
To set expectations, in practice, opposing a development application has little chance of succeeding. Part of that is because the El Paso County Board of County Commissioners almost never disapproves an application, even when the EPC Planning Commission recommends disapproval. Another reason is that developers have usually molded their applications to at least appear to meet all the criteria and have secured engineering reports describing infrastructure sufficiency. That said, the BoCC has a significant amount of discretion and can set conditions on approvals, so it’s important to make the best use of your time or written comments.
Two bodies review development applications and provide opportunities for the public to present arguments related to those applications. The first is the Planning Commission. Its rulings are strictly advisory, but the commissioners’ questions can help improve the presentation and effectiveness of comments. Following the Planning Commission’s recommendations, the BoCC makes the actual decision.
The hearing schedules are posted on the county website. When the hearings occur, commissioners consider comments presented in person, by phone during the meeting, via email or by postal mail. Comments are most effective when presented in person, but speakers usually are afforded limited time — typically three minutes — so it is important to focus solely and briefly on the approval criteria as described in the LDC and reviewed at every meeting before discussion. (For more information on allowed times, read Land & Water on Pg. __.)
Approval criteria vary depending on the stage of the application, but many are common. Applications must generally be consistent with the El Paso County Master Plan, be compatible with previous approvals and be compatible with adjacent land uses and zoning districts. Later stages must demonstrate sufficient services, such as police and fire protection, as well as water sufficiency in terms of quantity, quality and dependability.
As you prepare your arguments, do not waste time on things the commissioners cannot consider or on things not included in the approval criteria for the specific stage of the application. The most common examples are loss of a view and violations of HOA rules. Colorado state law says a property owner’s right to a view extends only to the property line, while HOA covenants are private agreements that are not enforceable by the county.
Additionally, a few arguments focused on approval criteria can legally be considered but are usually ineffective. The most common such argument involves water sufficiency. When water considerations are included in an application, there has almost always been a determination by state water authorities and the county attorney that the water supply meets the 300-year county requirements for quantity, quality and dependability. As a result, layperson arguments to the contrary are usually dismissed by commissioners.
The arguments with the most chance of being effective are those that address compatibility with adjacent land uses. Examples include failure to provide sufficient buffers and/or transitions between differing uses (e.g., commercial and residential) and negative impacts on existing uses, such as noise, lights and dust. Taking issue with the provision of services can also sometimes be effective because local residents know the reality of traffic and drainage, whereas engineering reports sometimes use generally established criteria that may not account for impacts unique to the local area.
In the end, if you’re seeking disapproval of development applications, you will likely be disappointed, but it IS sometimes possible to get changes made or conditions applied that will reduce the impact on your property. Either way, you have no chance at all if you don’t make your voice heard at the hearings and at the ballot box. To stay abreast of information like this and other things relevant to the Falcon area, visit TheFriendsOfFalcon.org.
