Possible Lead: Slope Regs equals free open space.

Dear Editor,

Boulder County Commissioner Ron Stewart is concerned about slope regulation opponents’ "significant misuse of information to fan fears of property owners." He also mentions that their criticism is based on "little fact and a whole lot of fiction about land use policy." One only had to attend the County’s first presentation to the Slope Advisory Committee to conclude where the "significant misuse of information" took place. For the reader’s information, the County’s proposed slope regulations were delayed, and the committee formed, after an outpouring of criticism by professionals and property owners, concerned that junk-science and anecdotal evidence was being portrayed as fact, then fast-tracked past an uninformed public. That evening, the very same unsubstantiable claims and misinformation that had been thoroughly discredited for months was shamelessly dictated as fact to the committee by Land Use staff and the county attorney.

The telling reason behind the proposed slope regulations was introduced immediately: THERE ARE SOME VACANT LOTS IN THE MOUNTAINS. The fact is, not one of the County’s inventories of vacant mountain lots has ever been based on a reliable accounting. Each one has been just guesswork. The possibility of growth has always been utilized effectively by the commissioners as a scare tactic to justify further restrictions on individual property rights - especially in the mountains. This process results in private properties being inexpensively declared de facto open space, with the health, safety and welfare of the public continuing to function as a good excuse, no matter how contrived and transparent. As pointed out by the audience, if the county’s concern was legitimate, the number of lots would not matter. Other factors would, like construction methods, materials and defensible zoning. The only "fiction" that commissioner Ron Stewart speaks of, is that the new slope regulations are relevant to any consideration other than visual aesthetics. As one audience member commented, "It smacks of growth management through the back door."

No experienced, professional planner would have considered even producing the "Slope Map of Boulder County" let alone introducing it as evidence for this committee. Here was a small map drawn at such a large scale that most mountain properties were smaller than a line-width and uniformly labeled as a single slope. The concept that almost all mountain properties enjoy a variety of slope conditions - even 0% slope - was unsupportive of the County’s goal, and thus unstated (except by a member of the audience).

The cornerstone of the County’s argument, a slide show, contained an example of a "site disturbance" of the Commissioner’s own making - the "root canal house", as well as examples of failed foundation systems taken totally out of context - a Jefferson County neighborhood where builders ignored the soils engineer (context by audience members; not staff). If the commissioners wanted to be taken seriously by the committee (or the public, as if that mattered), they could have at least presented appropriate examples of how "steep slopes are inherently unstable" in their own county.

The cynical treatment shown to the Slope Advisory Committee by County staff differed little from recent handling of a majority of attending audience members. They were individual property owners disappointed and scared by their commissioners’ latest tactic to devalue or take their properties without just compensation. Ample previous experience with this staff, and statements like the director’s, "Staff will include certain information to the commissioners whether the committee agrees or disagrees." did not help either. Until the County produces fact-based standards and solutions that are the result of a professional process, not the political motivation that has passed for it thus far, a more informed public will continue to question this government’s integrity and wonder if a hillside home is a legitimate problem or just another expedient "fiction" to obtain free open space.

All engineers, architects, fire-fighters and professionals in relevant fields are encouraged to separate fact from fiction at the Slope Advisory Committee meeting Tuesday, April 13, at 7 p.m. in the Commissioners’ Hearing Room.

Mark Heath @ 303-666-8649