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County staff and Clarion Associates preview Land Development Code rewrite; ADUs, mixed-use zoning and airport overlays part of draft
Summary
Clarion Associates and county staff presented an update on the Land Development Code rewrite, describing drafted modules and proposed changes to districts, ADUs and overlay tools.
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El Paso County Planning and Community Development and consultant Clarion Associates presented an update on the county's Land Development Code rewrite during the July 17 Planning Commission meeting.
Project approach and status Clarion Associates said the project is on schedule and that Modules 1 (districts/uses) and 2 (development standards) are drafted, with Module 3 (procedures and administration) in progress. The consultants emphasized a community-based approach to modernize the code, reduce unnecessary complexity, and align zoning with the county's master plan and growth policies. A working group that includes Planning Commission members has reviewed early drafts.
Key substantive proposals - Zoning districts and uses: Clarion proposed consolidating some residential districts (for example combining RS 5,000/6,000 where appropriate), adding three-scale mixed-use districts (rural, suburban, urban), reorganizing commercial and industrial into employment districts, and creating a public-and-civic district for campus-type mixed uses (schools, churches, hospitals). The draft seeks to avoid creating new nonconformities by permitting the broader set of uses allowed historically. - Accessory dwelling units (ADUs): Clarion outlined the new state ADU rules and recommended optional code language to implement ADUs in county code if the county chooses to opt in for areas where state thresholds apply. The draft sets the statutory minimum ADU floor (500 square feet) and recommends flexibility by district for maximum sizes; ADUs would be administratively approved and could be required to meet local setback and utility-provider meter rules. Clarion noted the county remains exempt from the state requirement in many areas but may pre-adopt rules in advance of triggers tied to population and MPO status. - Airport and military overlays: Clarion described a proposed airport overflight/navigation easement overlay (Part 77/FAA compatibility) and a prospective military-combat-compatibility overlay to reflect feedback from military partners. The overlays would be land-use tools to provide clearer notice to prospective buyers and limit uses that conflict with aviation or military operational safety while preserving property rights and local decision-making. - Other technical improvements: the draft updates measurement rules and definitions, clarifies use tables and interpretation processes, modernizes standard adjustments (for example rooftop solar), adds illustrations for dimensional measurements, and proposes consolidation to reduce administrative special-use reviews when standards can be applied administratively.
Next steps and outreach Clarion reported public outreach at a county fair kickoff and said staff will publish fuller draft modules in late summer for public review and comment; the team will continue working-group meetings and successive drafts to Planning Commission and Board of County Commissioners. The commission and working group will test proposed standards with sample projects during the fall outreach.
Ending: The rewrite aims to be more user friendly for staff and applicants, expand appropriate housing options in specified districts, and provide clearer standards for emerging issues such as ADUs and aviation/military-compatibility overlays; public review and additional working-group input are planned before formal adoption work begins.

