Loading...
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 1