La Plata County’s commercial land-use permitting process recently got a lot simpler, which may cut a lot of the red tape that bound small-business owners.
For years, people have complained that the county’s commercial permit application requirements quash mom-and-pop enterprises by demanding too much time and too much money – to the extent that some opt to cross county and state lines to set up shop.
Just over the Colorado-New Mexico line, near Farmington, a sign advertising property for commercial use drives home the point: Tired of La Plata County?
But this year, the county planning department streamlined the process.
“The process used to take 12 to 18 months, but we’ve changed that drastically,” County Planning Director Damian Peduto said. “Every land-use permit requires the basics of achieving water, sewer, access to the property and compatibility. Applicants should be working on those things in preparation. Once they achieve those things and submit the information to us, we’ve broken the process down to less than half the original amount of time.”
Instead of requesting information in staggered periods, the county provides a checklist so applicants understand how to meet requirements for water, sewer, access and compatibility. Compatibility describes how the proposed business would impact neighbors.
The county also consolidated waiting periods for approvals from agencies, such as the fire marshal.
Last summer, the county asked Phoenix Recycling on County Road 307 to pilot the modified process when owner Mark Thompson sought to expand. Thompson spent $124,000 on the process, which included all expenses to get the property “shovel-ready.” It was a six-month process.
“I think part of the county planning problem rests on county planning to make the process more predictable and affordable, and part is with the business owners to take the time to contact planning,” Thompson said.
The county offers a concept development plan through which potential applicants can talk to planning staff about the feasibility of achieving permit requirements. The downside is the cost for preliminary feedback is about $15,000 and adds four to six months to the project. But it may keep hopeful business owners from a situation Peduto says he sees all too often: Someone spends thousands on a property but finds that one or more of the requirements aren’t attainable or are too costly.
Still, some applicants, such as Studs Lumber founder Russ Gartner, complain the county’s process is a thorn in the side.
Gartner started the business in 2014 off County Road 126, which required no commercial permit because it was home-based. While the old application process was in place, Gartner sought to expand the company on property on U.S. Highway 160, which requires a Class II commercial land-use permit.
In February, he applied for a temporary permit under the new process that would allow operations for 120 days, but it can take a few months to process. This month, Gartner submitted an application for the permanent Class II permit.
“It’s been about a $50,000 process to amass the necessary information for the county, but to the tune of $1 million if you include the land investment, water well testing and surveying,” he said. “Right now, I feel like the American dream is under attack. Only people who already know their models are successful and have capital reserves can do this – that’s franchises and mega-corporations.”
The county says Studs Lumber must request a change in land-use classification to conduct commercial activity, which the county will consider next month. Moreover, county staff says the company, which is operating without a permit, must come into compliance before continuing operations.
Declining to speak on the record, another business owner asserted the process drove him to Archuleta County, where he said he was in business within six weeks.
La Plata County officials have attempted to write a new land-use code and adopt a comprehensive land-use plan. The latter was shot down in 2011, but today, the county is midway through a second shot at it.
According to data from the state Department of Local Affairs, most Colorado counties use a traditional zoning system with designated zones with different provisions and allowances. La Plata County is among few that use performance zoning, by which projects are assessed on impacts to surrounding properties.
Peduto said the compatibility factor is subjective, which can make judgments difficult. But the inhibiting factor isn’t so much with zoning, he said, but rather the applicants understanding what they can and can’t do.
“Some people don’t know whether they can afford a project here,” he said. “Zoning could make the process more efficient, but the requirements to qualify for a permit still exist. We want a healthy economy and good projects.”
jpace@durangoherald.com
