Setting the Record Straight On Site Plan Review

Allegations in Mark Heath's recent guest opinion on the Boulder County Site Plan Review Process are so ridiculous, it's important to respond to them. In attempting to misrepresent the county's land use policies and code, Mr. Heath lists some recent decisions by the county commissioners that, taken out of context, raise questions about the reasoning behind them. Each case, however, has a simple explanation.

One case refers to a homebuilder who wanted to construct a new mountain home far away from and access road. The driveway that would have been necessary to reach this homesite would have caused a scar across the mountainside, disrupting wildlife along the way. The county recommended that the home be built closer to the road, yet the homeowner insisted on the remote location, thus resulting in a decision to approve the homesite but disallow the destructive driveway proposal.

In another case, Mr. Heath alleges that the county "relocated" a homesite onto an adjacent property. This is simply untrue. A county planner visited the sited during bad weather. He had difficulty identifying the property boundaries and assumed the stakes he found were on the site in questions. When this error was discovered, it was immediately corrected, and the current proposed homesite is within the property boundaries. Unlike what Mr. Heath implies, the neighbors in this case have agreed to allow an access easement through their property for this new homesite.

Mr. Heath brings up a third case, again saying neighbors will not allow access to a new homesite. This refers to a local fire district's insistence that all new building sites have a second, emergency access route. The primary access for the new home in question does not require an easement, and neither does the access via the adjacent property owner's driveway because it is for emergency use only.

Mr. Heath goes on to state that the county's Site Plan Review standards are subjective and vague. Interestingly, many other applicants complain that the standards are too stringent. We've found that some degree of flexibility in the regulations is necessary to accommodate the wide variety of proposals and properties in Boulder County. We've tried to strike a balance between regulations that would apply to all cases, and, therefore, not always fit the best and the regulations that are completely discretionary. Our years of experience tells us that no two building lots in the rural parts of the county are the same, unlike what might be found in a city.

The most outlandish allegation in the guest opinion is the statement that Site Plan Review is "an expansion" of the county's open space acquisition program and that it doesn't provide any positive benefits. For the record, Boulder County only acquires open space properties from willing sellers. In fact, the county has never denied an application for a residential building permit through the Site Plan Review process. The county may require a homebuilder to meet certain conditions before a permit is issued. These conditions often relate to the location and size of the structure, and occasionally homebuilders disagree with the conditions. But, as with the examples above, the conditions do not come arbitrarily. More often than not, there is a competing interest, whether it be wildlife values, an impact on neighbors, wildfire danger, or erosion concerns.

Site Plan Review began in Boulder County just six years ago, and it's easy to spot homes that were built before Site Plan Review from more recent construction. The newer homes have fewer impacts on the environment and neighborhoods. They tend to blend in with their surroundings and reflect the rural nature of the areas in which they're built. We believe this helps to preserve the quality of life in Boulder County.

Through open space purchases and planning regulations like Site Plan Review, the county tries to protect, as much as possible, the sense of place, wildlife, vistas and other unique characteristics of the land. One result of this has been a steady increase in property values so that now, sites that once were considered unbuildable lots are selling for subdivision prices. This makes Site Plan Review even more important, because careless construction on these more difficult properties can be highly destructive.

Through Site Plan Review, the county attempts to accomplish the task of balancing sometimes competing interests. The majority of homebuilders are willing to work with the county because they recognize the environmental and safety objectives the county tries to achieve. The process is not perfect, but it's getting better. Most importantly, the cases where property owners have strong disagreements with the county are the rare exception for Site Plan Review, and not the rule.

Graham Billingsley
Boulder County Land Use

Copyright © 1999 Boulder Daily Camera.
Reprinted with permission.