What’s the problem?

On February 6, 2006 the Board of County Commissioners agreed to sponsor a study by Dr. David Theobald (CSU) which will provide vital information on how Ouray County will look in the future under different zoning regulations.  The County has also authorized a study and report on economic impacts of zoning regulation changes.  Now, before either of the studies have even been initiated, the BOCC is considering approval of a change in zoning regulations which would double the density in significant areas of our county, including the alpine, high mesa and valley zones, would eliminate public hearings even on very large developments, and is likely to cost the County more than it gets in increased revenue.

What’s wrong with the current zoning?

By state law, landowners can create 35-acre lots with no County review.  This can lead to patchwork development and increased County costs for access roads and other services. 

What’s the County been doing about fixing the current zoning?

About three years ago the BOCC asked the Planning Commission to study this issue and develop new regulations to encourage development consistent with the  County’s Master Plan and the formal agreements (IGAs) with the City of Ouray and the Town of Ridgway.  The results of that work by the Planning Commission, which included many hours of public hearings and public input, have been presented to the BOCC but are currently on hold pending consideration of this new proposal.

What’s wrong with the new proposal?

The new proposal allows creation of lots that would double the density from 1 residence per 35 acres to 1 residence per 17.5 acres.  Covenants would be created requiring “wildlife friendly” fencing and limiting structures to a building envelope of 5 acres.  The approval process is “fast track”.  The supporters of this proposal say this is progress over unrestricted 35-acre lot development.

 

However,

1)  The fencing guidelines are virtually identical to the typical fencing already used in Ouray County so there is no increased benefit to wildlife.  Also, the proposal allows “security fences” which would assure permission to develop gated communities.

 

2)  Development on 35 acres is already typically limited to an acre or two anyway.  There is no requirement that the “open space” be contiguous to other open space or include the most valuable wildlife habitat. Also there is no definition of open space so it may include golf courses and other environmentally unfriendly facilities. So the value of the “open space” is questionable.

 

3)  Enforceability of the covenants is also questionable since “they (the owners, not the County) shall implement the prohibitions and restrictions” (quote from the new proposal).  This certainly looks like the fox guarding the hen house.

 

4)  Perhaps the most critical issue is that the proposal would eliminate any public review.  Currently subdivision applications are reviewed by the Planning Commission, and any resident of Ouray County may submit questions and comments.  If a large or small subdivision is proposed next to your land, you may attend a public hearing and express your concerns.  Under the new proposal, all applications, no matter the size of the development or the complexity of the proposed covenants, would be subject only to a 30-day review by the Land Use Administrator.  Depending on the number and complexity of applications, the Land Use Administrator might be unable to complete review within 30 days.  Any applications not reviewed within the 30 days would be automatically approved.

Why is the BOCC moving so fast?

We do not understand why the BOCC seems intent on making radical changes to how our County grows before having the valuable information that the Theobald and economic impact studies will provide.

Is this just a Democratic party issue?

No!  This is a non-partisan issue.  The proposed doubling of density and elimination of public review is opposed by many residents, regardless of political party affiliation and including many major land owners.

What can I do?

Sign the petition!

 

Come to the hearing on Monday, February 27, 2006, 5:30PM at the Ridgway 4-H Events Center. 

 

Call your Commissioner to personally urge them to slow down and get all the facts before approving such a radical change to the current zoning. 

Our current zoning may be flawed but the new proposal would make the situation twice as bad with unknown impacts to the rural nature of our County and unknown impacts to the fiscal well-being of our County.