HomeMy WebLinkAboutagenda.apz.aacp.20111108 AGENDA
ASPEN PLANNING AND ZONING COMMISSION
& PITKIN COUNTY PLANNING AND ZONING COMMISSION
SPECIAL MEETING
TUESDAY, November 8, 2011
4:30 p.m. Library Meeting Room
120 N Mill Street, Basement Meeting Room
I. ROLL CALL
II. COMMENTS
A. Commissioners
B. Planning Staff
C. Public
III. MINUTES
IV. DECLARATION OF CONFLICT OF INTEREST
V. PUBLIC HEARINGS —
A. Aspen Area Community Plan
VI. OTHER BUSINESS
VII. BOARD REPORTS
VIII. ADJOURN
Next Resolution Number:
MEMORANDUM
TO: City & County Planning & Zoning Commissions
FROM: Jessica Garrow, City Long Range Planner
Ben Gagnon, City Special Projects Planner
Ellen Sassano, County Long Range Planner
Chris Bendon, City Community Development Director
DATE OF MEMO: November 2, 2011
MEETING DATE: Tuesday, November 8, 2011
4:30 — 7:30 pm, Library Meeting Room
RE: Joint Public Hearing on September 15, 2011 draft of AACP
BACKGROUND: The P &Zs have been meeting to finalize review of the 2011 Aspen Area
Community Plan. To date, the P &Zs have made final changes to the Introduction, Aspen Idea
chapter, and Managing Growth for Community and Economic Sustainability chapter. Chapters
that remain include: West of Castle Creek Corridor, Transportation, Housing, Parks / Recreation
/ Open Space / Trails, Environmental Stewardship, Historic Preservation, and Lifelong Aspenite,
as well as the Implementation Steps (Action Items). A copy of the September 15 draft is
available online at www.aspencommunityvision.com.
We currently have two additional meetings scheduled — November 8 and November 15` The
intent of these final meetings is for the joint P &Zs to finalize their review, for the City P &Z
make a final recommendation to Council on the 2011 AACP, and for the County P &Z to adopt
the 2011 AACP. Due to the regular P &Z meeting schedules from now to the end of the year,
and the holiday season, there are no other available Tuesdays to meet to review the document.
Given the progress P &Z made at the October 11` meeting, staff believes you can complete your
review on the 8` and hold the final hearing (for recommendation by City P &Z and adoption by
County P &Z) on November 15` Tentatively, November 22n is scheduled to continue the
review if needed. Staff is able to stay as late on November 8` as is needed for the P &Zs to
complete the review. Staff anticipates stepping -up the public outreach effort to inform citizens
about the November 15` adoption hearing, using newspaper ads, a letter to the editor , etc.
P &Z ADOPTION PROCESS: Staff has received a few emails related to the adoption of the
AACP in the City and County. The City and County adopt plans differently — City Council
adopts the plan in the City after considering a recommendation from the Planning & Zoning
Commission, while the County P &Z adopts the plan in the County and the BOCC ratifies the
plan.
Given the differences in adoption between the City and County, Staff proposes the following two
possible processes for the P &Zs to complete their work on the 2011 AACP. Having reviewed
these options previously, the County P &Z expressed interest in Option 1 because it results in
Page 1 of 2
completion of Planning & Zoning Commission work in 2011 and facilitates concurrent City and
County P &Z recommendation and adoption of one draft Plan:
1. County P &Z adopts the joint P &Z draft Plan at the same time the City P &Z makes their
recommendation to Council to adopt; and in the event that substantive changes are made
to the plan to facilitate Council adoption, County P &Z can direct Staff to bring the Plan
back for amendment to accommodate changes.
2. City P &Z makes their recommendation to Council; County P &Z delays their adoption
until Council completes their and adoption; Upon Council adoption, County P &Z
chooses to adopt draft adopted by Council (to avoid multiple adopted drafts;) or to adopt
the draft endorsed by the City P &Z (in which case there will be two different drafts for
the City and the County respectively).
3. A third option offered by a P &Z Commissioner, is for City and County P &Zs to draft one
resolution to adopt the Plan as a guiding document, to be forwarded with a
recommendation to City Council to adopt and to BOCC to ratify.
Staff believes that Options One and Three are the most efficient adoption processes, but all three
are valid ways to proceed. Staff has attached two draft Resolutions for P &Z review. One is a
joint resolution with both P &Zs adopting the plan. The second is a City P &Z Resolution that
recommends City Council adopt the AACP as a guiding document. Staff would like to hear
from the P &Zs how you would like to adopt the plan, and if you have any suggested changes to
the draft resolutions. The draft Resolutions are in Exhibit A.
MUNICIPAL REQUIREMENTS RELATED TO ADOPTION: County Planning and
Zoning Commissioner Marcella Larsen requested that information items from state statute and
the City Municipal Code related to the adoption of Master Plans in the City be forwarded to the
P &Zs. These sections are attached as Exhibit B. In addition, staff has added two additional
sections to Exhibit B that are relevant to the adoption of Master Plans in the City
ATTACHMENTS:
Exhibit A.1: Draft Resolution — Joint Adoption of the 2011 AACP
Exhibit A.2: Draft Resolution — City P &Z Recommendation to City Council regarding adoption
of the 2011 AACP as a guiding document
Exhibit B: Excerpts from City Charter, City Municipal Code, and State Statute related to
adoption of Master Plans.
Exhibit C: Email from County Planning and Zoning Commissioner John Howard regarding
adoption of the AACP.
Page 2 of 2
Exhibit A.1
11.8.2011 P &Z Meeting
JOINT RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
AND THE PITKIN COUNTY PLANNING AND ZONING COMMISSION ADOPTING
THE 2011 ASPEN AREA COMMUNITY PLAN UPDATE
Aspen Planning and Zoning Commission Resolution No _, Series of 2011
Pitkin County Planning and Zoning Commission Resolution No. _, Series 2011
WHEREAS, the Aspen Planning and Zoning Commission and the Pitkin County
Planning and Zoning Commission (hereinafter referred to as "Commissions ") have the
responsibility to review comprehensive plans (hereinafter referenced as a "community plan ");
and
WHEREAS, the Pitkin County Planning and Zoning Commission has the final authority
to adopt community plans for Pitkin County; and
WHEREAS, the City of Aspen Planning and Zoning Commission, pursuant to Section
26.212.010(R) of the City of Aspen Land Use Code, has the authority to adopt community plans
for the City of Aspen that are guiding in nature; and
WHEREAS, in 1993 the Commissions joined together in the development and adoption
of the 1993 Aspen Area Community Plan (referred to as "the 1993 AACP); and
WHEREAS, in 2000 the Commissions joined together in the development and adoption
of the 2000 Aspen Area Community Plan (referred to as "the 2000 AACP ") which encompassed
the Aspen Urban Growth Boundary (referred to as the "UGB "); and
WHEREAS, in 2008 City and County Planning staff prepared the State of the Aspen
Area: 2000 — 2008 report (referred to as "the Existing Conditions Report") outlining the
conditions in the Aspen Area UGB; and
WHEREAS, in 2008 the City of Aspen commissioned a study with Economic Research
Associated (ERA), a consulting firm, who produced a White Paper on the Aspen Economy
(referred to as the "Economic White Paper ") outlining a history of the Aspen economy since
1970; and
WHEREAS, in from October 2008 — Feb 2009, the public provided extensive input on
an update to the 2000 AACP through small group meetings, large group meetings, and a survey
(collectively referred to as "round 1 of public input "); and
WHEREAS, the Commissions met in work sessions from Feb 2009 through September
2010 to draft an update to the 2000 AACP using round 1 of public input, the Existing Conditions
Report, the Economic White Paper, and comments from the public as well as City and County
staff; and
City P &Z Resolution , Series 2011
County P &Z Resolution , Series 2011
Page 1 of 3
WHEREAS, on September 30, 2010 a draft of the AACP update was released for public
review; and
WHEREAS, from October 2010 - January 2011 a second round of public was held,
which included small group meetings, large group meetings, and a survey (collectively referred
to as "round 2 of public input "); and
WHEREAS, the Commissions met in work sessions from January 2011 - March 2011 to
review round 2 of public input; and
WHEREAS, on March 28, 2011 a second draft AACP update was released for public
review; and
WHEREAS, during duly noticed public hearings, the Commissions held public hearings
to make edit the draft and to solicit public comment and input on the draft of the AACP Update
on April 12, 2011, April 26, 2011, May 10, 2011, May 19, 2011, May 24, 2011, May 26, 2011,
May 31, 2011, June 2, 2011, June 9, 2011, June 10, 2011, June 16, 2011, July 7, 2011, July 12,
2011, July 14, 2011, July 21, 2011, July 26, 2011, July 28, 2011, August 9, 2011, August 11,
2011, August 12, 2011, August 18, 2011, August 25, 2011, September 8, 2011, and September
13, 2011; and
WHEREAS, on September 15, 2011 a third draft AACP update was released for public
review, and
WHEREAS, during a duly noticed public hearing on November 8, 2011, continued from
September 22, 2011, September 29, 2011, October 11, 2011, the Commissions voted to adopt the
2011 Aspen Area Community Plan; and
WHEREAS, the Commissions find that the 2011 AACP furthers the goals of the Aspen
Area community and that it is in the best interest of the community that the plan be adopted; and
WHEREAS, the Commissions find that this resolution furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT RESOLVED BY THE CITY OF ASPEN AND PITKIN
COUNTY PLANNING AND ZONING COMMISSIONS THAT:
Section 1:
The City of Aspen and Pitkin County Planning and Zoning Commissions hereby approve the
2011 AACP as presented at the joint public hearing held on
APPROVED by the Commissions at a public hearing on
City P &Z Resolution Series 2011
County P &Z Resolution _, Series 2011
Page 2 of 3
APPROVED AS TO FORM: CITY OF ASPEN PLANNING AND
ZONING COMMISSION:
James R. True, Stan Gibbs, City P &Z Chair
City of Aspen Special Counsel
ATTEST:
Jackie Lothian, Deputy City Clerk
APPROVED AS TO FORM: PITKIN COUNTY PLANNING AND
ZONING COMMISSION:
John Ely, County Attorney Joe Krabacher, County P &Z Chair
ATTEST:
County Clerk
City P &Z Resolution , Series 2011
County P &Z Resolution , Series 2011
Page 3 of 3
Exhibit A.2
11.8 2011 P &Z Meeting
RESOLUTION NO. _ ,
(SERIES OF 2011)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING THE CITY COUNCIL ADOPT THE 2011 ASPEN AREA
COMMUNITY PLAN UPDATE
WHEREAS, the Aspen Planning and Zoning Commission and the Pitkin County
Planning and Zoning Commission (hereinafter referred to as "Commissions ") have the
responsibility to review comprehensive plans (hereinafter referenced as a "community plan ");
and
WHEREAS, the Planning and Zoning Commission, pursuant to Section 26.212.010(R)
of the City of Aspen Land Use Code, has the authority to recommend City Council adopt
community plans for the City of Aspen; and
WHEREAS, the City Council, pursuant to Section 26.208.010(I) of the City of Aspen
Land Use Code, has the authority to adopt community plans that are guiding or regulatory in
nature for the City of Aspen; and
WHEREAS, in 1993 the Commissions joined together in the development and adoption
of the 1993 Aspen Area Community Plan (referred to as "the 1993 AACP); and
WHEREAS, in 2000 the Commissions joined together in the development and adoption
of the 2000 Aspen Area Community Plan (referred to as "the 2000 AACP ") which encompassed
the Aspen Urban Growth Boundary (referred to as the "UGB "); and
WHEREAS, in 2008 City and County Planning staff prepared the State of the Aspen
Area: 2000 — 2008 report (referred to as "the Existing Conditions Report ") outlining the
conditions in the Aspen Area UGB; and
WHEREAS, in 2008 the City of Aspen commissioned a study with Economic Research
Associated (ERA), a consulting firm, who produced a White Paper on the Aspen Economy
(referred to as the "Economic White Paper ") outlining a history of the Aspen economy since
1970; and
WHEREAS, in from October 2008 — Feb 2009, the public provided extensive input on
an update to the 2000 AACP through small group meetings, large group meetings, and a survey
(collectively referred to as "round 1 of public input"); and
WHEREAS, the Commissions met in work sessions from Feb 2009 through September
2010 to draft an update to the 2000 AACP using round 1 of public input, the Existing Conditions
Report, the Economic White Paper, and comments from the public as well as City and County
staff; and
City P &Z Resolution Series 2011
Page 1 of 3
WHEREAS, on September 30, 2010 a draft of the AACP update was released for public
review; and
WHEREAS, from October 2010 - January 2011 a second round of public was held,
which included small group meetings, large group meetings, and a survey (collectively referred
to as "round 2 of public input "); and
WHEREAS, the Commissions met in work sessions from January 2011 - March 2011 to
review round 2 of public input; and
WHEREAS, on March 28, 2011 a second draft AACP update was released for public
review; and
WHEREAS, during duly noticed public hearings, the Commissions held public hearings
to make edit the draft and to solicit public comment and input on the draft of the AACP Update
on April 12, 2011, April 26, 2011, May 10, 2011, May 19, 2011, May 24, 2011, May 26, 2011,
May 31, 2011, June 2, 2011, June 9, 2011, June 10, 2011, June 16, 2011, July 7, 2011, July 12,
2011, July 14, 2011, July 21, 2011, July 26, 2011, July 28, 2011, August 9, 2011, August 11,
2011, August 12, 2011, August 18, 2011, August 25, 2011, September 8, 2011, and September
13, 2011; and
WHEREAS, on September 15, 2011 a third draft AACP update was released for public
review, and
WHEREAS, during a duly noticed public hearing on November 8, 2011, continued from
September 22, 2011, September 29, 2011, October 11, 2011, the City of Aspen Planning and
Zoning Commission voted to _ ( - ) to recommend City Council adopt the 2011
Aspen Area Community Plan; and
WHEREAS, the Planning and Zoning Commission finds that the 2011 AACP furthers the
goals of the Aspen Area community and that it is in the best interest of the community that the plan
be adopted; and
WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and
is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND
ZONING COMMISSIONS THAT:
Section 1:
The City of Aspen and Pitkin County Planning and Zoning Commissions hereby recommends
the Aspen City Council adopt the draft 2011 AACP as a guiding document.
APPROVED by the Commissions at a public hearing on November _, 2011.
City P &Z Resolution J Series 2011
Page 2 of 3
APPROVED AS TO FORM: CITY OF ASPEN PLANNING AND
ZONING COMMISSION:
James R. True, Stan Gibbs, City P &Z Chair
City of Aspen Special Counsel
ATTEST:
Jackie Lothian, Deputy City Clerk
City P &Z Resolution , Series 2011
Page 3 of 3
Exhibit B
11.8 2011 P &Z Meeting
Exhibit B: Excerpts from City Charter, City Municipal Code, and State Statute related to
adoption of Master Plans.
The following are items from state statute and the City Municipal Code related to the adoption of
Master Plans in the City. County Planning and Zoning Commissioner Marcella Larsen requested
the following be forwarded to the P &Zs. Staff has added two relevant sections to the items
below. In addition, staff has provided a memo related to the Adoption of the Plan in the City and
County.
City of Aspen Charter (added by staff
Section 4.8. Action by ordinance required.
In addition to such acts of the council as are required by other provisions of this Charter to be by
ordinance, every act making an appropriation, creating an indebtedness, authorizing borrowing
of money, levying a tax, establishing any rule or regulation for the violation of which a penalty is
imposed, or placing any burden upon or limiting the use of private property, shall be by
ordinance; provided, however, that this section shall not apply to the budget adoption in Section
9.8. Ordinances making appropriations shall be confined to the subject of appropriation.
Aspen Municipal Code, Sec. 26.104.030.Comprehensive Community Plan and other plans,
guidelines or documents. (From Marcella)
A. The City shall from time to time adopt and update a comprehensive community plan (known
as the Aspen Area Community Plan or AACP) which shall establish and project the City's land
use and development planning philosophy, goals and policies. The comprehensive community
plan shall be broad in scope and serve as a guide to all land use development and planning. The
plan shall encourage and incorporate regional planning as well as land use development
cooperation and coordination between the City and neighboring communities and jurisdictions.
B. From time to time the City may re- adopt, amend, extend or add to its comprehensive
community plan or carry any part of its subject matter into greater detail through the
development of supplemental plans, guidelines or documents. Within the text of these plans,
guidelines or documents, it shall be described how the material shall be used in relation to the
AACP, land use development and planning. Specifically, there shall be a determination of
whether the document will be used as a guiding or regulatory document. The document shall be
adopted by resolution or ordinance, as provided in Chapter 26.200, Administration — Decision -
Making Bodies.
C. Before the adoption of a plan or any such part, amendment, extension or addition by an
adopting body, at least one (1) public hearing shall be conducted, notice of the time and place of
which shall be given by one (1) publication in a newspaper of general circulation in the City as
outlined in Subparagraph 26.304.060.E.3.a, Publication of notice. (Ord. No. 50 -a, 2005, § 1)
Aspen Municipal Code, Chapter 26.208 (added by staff)
CITY COUNCIL
26.208.010. Powers and duties.
In addition to any authority granted by state law or this Code, the City Council shall have the
following powers and duties:
A. To initiate amendments to the text of this Title, pursuant to Chapter 26.310;
B. To hear, review and adopt amendments to the text of this Title after recommendation by the
Commission, pursuant to Chapter 26.310;
I. To adopt by resolution or ordinance any plans, guidelines or documents that will be used in a
guiding or regulatory capacity by the City. How the material shall be used in relation to the
AACP, land use development and planning shall be described in the content of the resolution or
ordinance. Specifically, there shall be a determination of whether the document will be used as a
guiding or regulatory document. When used as a guiding document of the City, it shall be
adopted by resolution and, when used as a regulatory document, it shall be adopted by ordinance.
Any plans, guidelines or documents that are adopted by resolution or ordinance shall not be
adopted until notice is provided as outlined in Section 26.104.030 of this Title, the
Comprehensive Community Plan and other plans, guidelines or documents;
26.208.020. Quorum and necessary vote.
In accordance with the City Charter, any action by the City Council that places any burden upon or
limits the use of private property shall be by ordinance and shall require the affirmative vote of a
majority of the entire City Council for final passage. Resolutions and motions shall require the
affirmative vote of a majority of the members present.
A motion for the adoption of an ordinance that receives Tess than a majority of three (3) votes in
favor shall constitute a failed motion and shall not be considered action. A tie vote on a motion shall
be considered a failed motion and shall not be considered action. For applications where action is
required to be taken by the City Council and the vote is tied, the application shall remain pending
until action is taken.
(Ord. No. 7 -2000 § I; Ord. No. 1 -2002 § 2; Ord. No. 54 -2003§ 2; Ord. No. 50 -A -2005 § 2; Ord. No.
12, 2007)
Aspen Municipal Code, Chapter 26.212 (From Marcella)
PLANNING AND ZONING COMMISSION
Editor's note —Ord. No. 41 -2002 §1, 2002 repealed former Chapter 26.212, which pertained to
similar provisions and enacted a new Chapter 26.212 as herein set out. Former Chapter 26.212
was derived from Ord. No. 5 -1988 §2 as amended by Ord. No. 1 -2002 §3, 2002.
Sec. 26.212.010.Powers and duties.
In addition to any authority granted the Planning and Zoning Commission (hereinafter
"Commission ") by state law or the Municipal Code of the City of Aspen, Colorado, the
Commission shall have the following powers and duties:
Sec. 26.212.010.Powers and duties.
In addition to any authority granted the Planning and Zoning Commission (hereinafter
"Commission ") by state law or the Municipal Code of the City of Aspen, Colorado, the
Commission shall have the following powers and duties:
A. To initiate amendments to the text of this Title, pursuant to Chapter 26.310;
R. To adopt by resolution any plans, guidelines or documents that will be used in a guiding
capacity by the Commission or, if to be used in a regulatory capacity, to recommend via
resolution adoption of any plans, guidelines or documents by the City Council. How the material
shall be used in relation to the AACP, land use development and planning shall be described in
the content of the resolution. Specifically, there shall be a determination of whether the
document will be used as a guiding or regulatory document. When a plan, guideline or document
is to serve as a regulatory document as determined by the Commission, the resolution shall
include a recommendation to the City Council for adoption of the document by ordinance. Any
plans, guidelines or documents that are adopted by resolution shall not be adopted until notice is
provided as outlined in Section 26.104.030, Comprehensive Community Plan and other plans,
guidelines or documents. (Ord. No. 41 -2002, §1; Ord. No. 50a -2005, §3; Ord. No. 12, 2007, §6)
Colorado Revised Statutes, Article 23, Planning & Zoning (From Marcella)
31 -23 -206. Master plan.
(1) It is the duty of the commission to make and adopt a master plan for the physical
development of the municipality, including any areas outside its boundaries, subject to the
approval of the governmental body having jurisdiction thereof, which in the commission's
judgment bear relation to the planning of such municipality. The master plan of a municipality
shall be an advisory document to guide land development decisions; however, the plan or any
part thereof may be made binding by inclusion in the municipality's adopted subdivision, zoning,
platting, planned unit development, or other similar land development regulations after
satisfying notice, due process, and hearing requirements for legislative or quasi-judicial
processes as appropriate. When a commission decides to adopt a master plan, the commission
shall conduct public hearings, after notice of such public hearings has been published in a
newspaper of general circulation in the municipality in a manner sufficient to notify the public of
the time, place, and nature of the public hearing, prior to final adoption of a master plan in order
to encourage public participation in and awareness of the development of such plan and shall
accept and consider oral and written public comments throughout the process of developing the
plan. Such plan, with the accompanying maps, plats, charts, and descriptive matter, shall, after
consideration of each of the following, where applicable or appropriate, show the commission's
recommendations for the development of said municipality and outlying areas, including, but not
limited to:
(a) The general location, character, and extent of existing, proposed, or projected streets, roads,
rights -of -way, bridges, waterways, waterfronts, parkways, highways, mass transit routes and
corridors, and any transportation plan prepared by any metropolitan planning organization that
covers all or a portion of the municipality and that the municipality has received notification of
or, if the municipality is not located in an area covered by a metropolitan planning organization,
any transportation plan prepared by the department of transportation that the municipality has
received notification of and that covers all or a portion of the municipality;
(b) The general location of public places or facilities, including public schools, culturally,
historically, or archaeologically significant buildings, sites, and objects, playgrounds, squares,
parks, airports, aviation fields, military installations, and other public ways, grounds, open
spaces, trails, and designated federal, state, and local wildlife areas. For purposes of this section,
"military installation" shall have the same meaning as specified in section 29 -20 -105.6 (2) (b),
C.R.S.
(c) The general location and extent of public utilities terminals, capital facilities, and transfer
facilities, whether publicly or privately owned or operated, for water, light, sanitation,
transportation, communication, power, and other purposes, and any proposed or projected needs
for capital facilities and utilities, including the priorities, anticipated costs, and funding proposals
for such facilities and utilities;
(d) The general location and extent of an adequate and suitable supply of water. If the master
plan includes a water supply element, the planning commission shall consult with the entities
that supply water for use within the municipality to ensure coordination on water supply and
facility planning, and the water supply element shall identify water supplies and facilities
sufficient to meet the needs of the public and private infrastructure reasonably anticipated or
identified in the planning process. Nothing in this paragraph (d) shall be construed to supersede,
abrogate, or otherwise impair the allocation of water pursuant to the state constitution or laws,
the right to beneficially use water pursuant to decrees, contracts, or other water use agreements,
or the operation, maintenance, repair, replacement, or use of any water facility.
(e) The acceptance, removal, relocation, widening, narrowing, vacating, abandonment,
modification, change of use, or extension of any of the public ways, rights -of -way, including the
coordination of such rights -of -way with the rights -of -way of other municipalities, counties, or
regions, grounds, open spaces, buildings, property, utility, or terminals, referred to in paragraphs
(a) to (d) of this subsection (1);
(f) A zoning plan for the control of the height, area, bulk, location, and use of buildings and
premises. Such a zoning plan may protect and assure access to appropriate conditions for solar,
wind, or other alternative energy sources; however, regulations and restrictions of the height,
number of stories, size of buildings and other structures, and the height and location of trees and
other vegetation shall not apply to existing buildings, structures, trees, or vegetation except for
new growth on such vegetation.
(g) The general character, location, and extent of community centers, housing developments,
whether public or private, the existing, proposed, or projected location of residential
neighborhoods and sufficient land for future housing development for the existing and projected
economic and other needs of all current and anticipated residents of the municipality, and
redevelopment areas. If a municipality has entered into a regional planning agreement, such
agreement may be incorporated by reference into the master plan.
(h) A master plan for the extraction of commercial mineral deposits pursuant to section 3434 = 1-
304, C.R.S.;
(1) A plan for the location and placement of public utilities that facilitates the provision of such
utilities to all existing, proposed, or projected developments in the municipality;
(j) Projections of population growth and housing needs to accommodate the projected population
for specified increments of time. The municipality may base these projections upon data from
the department of local affairs and upon the municipality's local objectives.
(k) The areas containing steep slopes, geological hazards, endangered or threatened species,
wetlands, floodplains, floodways, and flood risk zones, highly erodible land or unstable soils,
and wildfire hazards. For purposes of determining the location of such areas, the planning
commission should consider the following sources for guidance:
(I) The Colorado geological survey for defining and mapping geological hazards;
(II) The United States fish and wildlife service of the United States department of the interior
and the Colorado wildlife commission for locating areas inhabited by endangered or threatened
species;
(III) The Unites States Army corps of engineers and the United States fish and wildlife service
national wetlands inventory for defining and mapping wetlands;
(IV) The federal emergency management agency for defining and mapping floodplains,
floodways, and flood risk zones;
(V) The natural resources conservation service of the United States department of agriculture for
defining and mapping unstable soils and highly erodible land; and
(VI) The Colorado state forest service for locating wildfire hazard areas.
(2) As the work of making the whole master plan progresses, the commission may from time to
time adopt and publish a part thereof. Any such part shall cover one or more major sections or
divisions of the municipality or one or more of the foregoing or other functional matters to be
included in the plan. The commission may amend, extend, or add to the plan from time to time.
(3) (Deleted by amendment, L. 2007, p. 613, § 2, effective August 3, 2007.)
(4) (a) Each municipality that has a population of two thousand persons or more and that is
wholly or partially located in a county that is subject to the requirements of section 30 -28 -106
(4), C.R.S., shall adopt a master plan within two years after January 8, 2002.
(b) The department of local affairs shall annually determine, based on the population statistics
maintained by said department, whether a municipality is subject to the requirements of this
subsection (4), and shall notify any municipality that is newly identified as being subject to said
requirements. Any such municipality shall have two years following receipt of notification from
the department to adopt a master plan.
(c) Once a municipality is identified as being subject to the requirements of this subsection (4),
the municipality shall at all times thereafter remain subject to the requirements of this subsection
(4), regardless of whether it continues to meet the criteria specified in paragraph (a) of this
subsection (4).
(5) A master plan adopted in accordance with the requirements of subsection (4) of this section
shall contain a recreational and tourism uses element pursuant to which the municipality shall
indicate how it intends to provide for the recreational and tourism needs of residents of the
municipality and visitors to the municipality through delineated areas dedicated to, without
limitation, hiking, mountain biking, rock climbing, skiing, cross country skiing, rafting, fishing,
boating, hunting, and shooting, or any other form of sports or other recreational activity, as
applicable, and commercial facilities supporting such uses.
(6) The master plan of any municipality adopted or amended in accordance with the
requirements of this section on and after August 8, 2005, shall satisfy the requirements of
section 29- 20- 105.6, C.R.S., as applicable.
(7) Notwithstanding any other provision of this section, no master plan originally adopted or
amended in accordance with the requirements of this section shall conflict with a master plan for
the extraction of commercial mineral deposits adopted by the municipality pursuant to
section 34 -1 -304, C.R.S.
Exhibit C
11.8.2011 P &Z Meeting
Jessica Garrow
From: - John Howard <johnhoward @sopris.net>
Sent: Wednesday, November 02, 2011 9:32 AM
To: Ellen Sassano
Cc: Jessica Garrow; Cindy Houben
Subject: RE: request to vote on aacp in absentia
Hi, Ellen,
Just FYI, I plan to atend the 11/8 meeting.
Next, I need to let everyone know that I believe this process is being rushed in order to meet a deadline that was really
more "aspirational" than "regulatory ". None of us want this to drag on forever, but I am very concerned about our
members not being afforded enough time to adequately review the document, especially the Implementation Steps. I
am also concerned that if we finalize the language of the draft on this Tuesday, and then staff has to issue a delineated
version prior to our 11/15 adoption Public Hearing, members of the public will have no more than a week, at best, to
review the document in its final form before being asked to attend the Public Hearing and comment on the provisions of
the AACP. Last, I have asked on more than one occasion that any notice about the adoption hearings be sufficiently clear
that this is the final step in the adoption process by the County, and the final step for the City P &Z on approving the
document that will be recommended to the CC for adoption. I had also asked for this information to be widely
disseminated through a Letter to the Editor in the local papers and /or an article in these papers.
As December is not an option, I ask that we continue our review as planned, distribute the final draft within a week, and
schedule the Public Hearings for adoption for the first availble date in 2012.
In keeping with our current policy, I have not sent this out to other P &Z members as it may initiate discussion that
should rightly take place in our regular meeting. I ask, however, that it be included with the other information
distributed prior to the meeting so that everyone has the opportunity to review it ahead of time and be prepared to
comment.
Best regards,
John Howard
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