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Home My WebLink About780435.tiff or-COOOp - -- -- COUNTY OF WELD O � , he; v,.th the Clerk of the Board �M 0 of County Comm'ssioners R R JrkN2 )1978 r 2aYrs ♦ 2848 STATE OF COLORADO RICHARD D. LAMM, GOVERNOR couxn CLERK no PEcOP$ti OFFICE 0Y --- Deptti OF COLORADO LAND USE COMMISSION 1313 Sherman St., Pon. 415 Denver, CO 80203 (303) 892-2778 NOTICE OF MEETING AND AGENDA January 27, 1978 9:00 A.M. Room 110, 1313 Sherman Street Denver, Colorado I. Call to Order, Roll Call, Approval of Minutes II. Public Comments III. Report of Chairman and other Commissioners IV. Report of Staff Director V. Old Business 1. Policy regarding Land Use Regulations under House Bill 1041 - Discussion. 2. Rules of Procedure - Proposed Amendments for Adoption. 3. Land Use Commission Work Program Priorities - Discussion. 4. Huerfano County Subdivision Investigation - Update Report. 5. Paonia Development adjacent to North Fork of Gunnison River - Update Report. 6. Water Conservation Board flood plain contract - Update Report. 7. Land Use Commission Informational Brochure - Update Report. VI. New Business 1. Growth and Human Settlement Patterns Report, 2. Official Receipt of Douglas County Orders regarding Significant Wildlife Habitats. 780435 Note: The Commission will convene in Executive Session from 12:00 - 2:00 P.M. to confer with its attorney regarding pending litigation. 'PL04b5 t _ •F CQ, �o D. -,.. . tO • N5t� l�,��,, • `J M • r 1846 STATE OF COLORADO RICHARD D. LAMM, GOVERNOR OFFICE OF COLORADO LAND USE COMMISSION 1313 Sherman St., Rm. Denver, CO 80203 )303) NOTICE OF PUBLIC HEARING CONCERNING AMENDMENTS TO LAND USE COMMISSION PROCEDURES CONCERNING GENERAL RULES OF PROCEDURE AND CONDUCT OF MEETINGS AND PROCEDURES FOR INITIATION AND REVIEW OF LOCAL GOVERNMENT ACTION UNDER H. B. 1041 AND CLARIFYING THE DEFINITION "RULE" AS USED IN THE LAND USE COMMISSIONIS RULES OF PROCEDURE Pursuant to the notice provisions of C,R.S„ 1973, 24-4-103 and 25-7-109 NOTICE is hereby given that the Colorado Land Use Commission will hold a rulemaking hearing on the following date and time and at the following location: DATE; June 16, 1978 TIME; 9:30 A.M, LOCATION: Room 110 1313 Sherman Street Denver, Colorado 80203 t (( c6 )) 27-6 4/ '7/77 .OF.CO.p O • �� • Ls.c • 1876 STATE OF COLORADO RICHARD D. LAMM. GOVERNOR OFFICE OF COLORADO LAND USE COMMISSION 1313 Sherman St., Rm. 415 Denver, CO 80203 (303) 892-2778 May 31, 1978 TO ALL INTERESTED PERSONS; The Land Use Commission is in the process of establishing an annual work program for its activities for the coming fiscal year, In an attempt to keep local government and other interested groups informed about the Activities of the LUC, we are distributing this draft version of our work program for the coming year for your review. The five major work areas within the work program are: I, Improving Regulation by Local Government or Alternate I. Review of Projects/Develop- ment, II. Development and Improvement of Legislation,' III. Education and Public Information, IV. Interdepartmental Coordination, V, Administration of Work Program. Major work Area I and Alternate I are two different approaches to activities related to designation of areas and activities of state interest and could not be used simultaneously. As a practical matter, there would probably be a com- bining of these two approaches, but if the LUC decides to go with major work Area I, there would be much more time spent on working with local governments and providing technical assistance in order to improve their land use regula- tions. The Land Use Commission will be considering the annual work program at its next meeting, June 16, 1978 in Denver. If you have any written comments on any sections of the work program we would appreciate receiving them before the next meeting. The Land Use Commission sincerely desires to work with local government in developing more effective and responsive local land use review. Our intent is to approach this task in a spirit of cooperation and assistance to local governments. We will always be receptive to your comments, suggestions, and criticisms. If you would care to make verbal comments on this draft, our next meeting will be held in Denver, June 16 at 1313 Sherman, Room 110, at 9:00 A.M, Sincerely, i 1 Ge isher, Chairman GF/sfh cc: Paula Herzmark Lee Woolsey Phil Schmuck LAND USE COMMISSION WORK PROGRAM May 26, 1978 I. IMPROVING REGULATIONS BY LOCAL GOVERNMENT A. Goal To establish stronger regulations by local governments before development projects are proposed, based upon the following priorities for areas and activities of state interest: 1. Natural hazards including floodplain, geologic, and wildfire hazards. 2. Site selection and construction of major new domestic water and sewage treatment systems. 3. Major extension of existing domestic water and sewage treatment systems. 4. Site selection and construction of major facilities of a public utility. 5. Site selection and development of new communities. B. Implementation *1. Determine those counties which are experiencing the most rapid growth rates at present or are likely to in the future. *2. Determine from local areas the extent of the planning process leading to local regulations and acceptance of this by local officials. *3. Determine any interjurisdictional problems related to above areas and activities. *4. Determine from geologic survey, water conservation board, and state engineer how far technical studies have proceeded and those areas which are likely to experience major environmental impacts if development relating to above problems does occur. *5. Provide technical assistance to those areas designating under House Bill 1041. *6. Develop priorities for consideration of 1041 designation requests based upon above information. * All activities designated with an asterick indicate those implementation activities which staff estimates can be accomplished within the next year the additional items, mentioned could only be accomplished if additional staff became available. ALTERNATE I - REVIEW OF PROJECTS/DEVELOPMENT A. Goal To agressively seek out for designation those projects of develop- ments which relate to the following areas or activities of state interest. 1. Natural hazards. 2. Site selection and construction of major new domestic water and sewage treatment systems. 3. Major extension of existing domestic water and sewage treatment systems. 4. Site selection and construction of major facilities of a public utility. 5. Site selection and development of new communities. B. Implementation *1. Closely review comments from geologic survey, water conserv- ation board, and state engineer and red flag those developments which could create significant problems relating to above areas or activities. *2. Request local government to red flag those developments and notify the LUC in cases where the development could create significant problems relating to above areas or activities. *3. Notify the State clearinghouse to send those projects/develop- ments to LUC staff for review which are related to above areas or activities and staff will red flag for possible designation requests. *4. Establish priorities for designation requests for those project developments that would allow the LUC to review early in the process. *5. Utilize any powers necessary to require adoption of regulations by local government related to above areas and activities when brought to the attention of the LUC through projects or develop- ment. 6. Consider designation requests of other areas or activities of state interest only if time allows. - 2 - II. DEVELOPMENT AND IMPROVEMENT OF LEGISLATION A. Goal To establish a more effective relationship between state and local government in the regulation of land use activities throughout the state by changes to existing legislation and establishment of new legislation based on the following priority: **1. Changes to House Bill 1041 2. Changes to Senate Bill 35 3. Other new legislation B. Implementation *1. Consider changes based upon a review of problems indicated in past statewide meetings of the LUC and studies by con- sultants and staff. *2. Consult with other state agencies, the Governor's office, the Growth and Human Settlement Study to determine suggested changes to land use legislation. *3. Mail questionnaire to local officials to determine suggested changes. *4. Develop preliminary changes to existing legislation. *5. Review preliminary changes with Governmor's office, and other state agencies. *6. Involve organized groups to support changes, provide input on additional changes, and solicit support from legislators. 7. Use consultants to draft new legislation. III. EDUCATION AND PUBLIC INFORMATION A. Goal To discuss with persons of varied background, innovative methods which have been effective in controlling land use activities and establishing effective state-local relationships related to land use. B. Implementation *1. Establish a conference to deal with innovative methods of land use control for local elected officials and administrators and co-sponsored by environmental or public service group. ** The implementation activities indicated would only apply to H.B. 1041 given existing staff levels. - 3 - *2, Assist in the preparation of a brochure/report dealing with geologic hazards and measures to avoid or mitigate these hazards. *31 prepare a report dealing with energy costs and patterns of development that would enable local government to evaluate the energy costs of proposed developments, 4. Establish field meetings by the LUC to better explain the procedures and process of the LUC. 5. Promote commissioner-authored articles on land use problems or solutions in newsletters, newspapers, magazines, and other publi- cations. 6. Establish a conference to deal with effective state-local relationships related to land use controls for local elected officials and admini- strators involving states that have established successful programs. 7. Develop newsletter which includes information on state and federal land use concerns, activities by local governments related to land use matters, and announcements of land use and related meetings around the state. 8. Develop slide show or movie in cooperation with other agencies to show the benefits of effective land use controls. IV. INTERDEPARTMENTAL COORDINATION A. Goal To establish greater input into the actions of the state agencies and departments which have an impact on land use throughout the state. B. Implementation *1. Review requests for 1041 supplemental funds in relation to LUC policies and pirorities within clearinghouse process. *2. Establish increased input into review of major projects or developments requiring A-95 and EIS. 3. Establish increased participation into SWG and PCC meetings on land use related items. 4. Integrate subdivision reporting into a computer-aided system of land use information. 5. Establish review for other funds allocated to local government which relate to land use activities. - 4 - V. ADMINISTRATION OF WORK PROGRAM A. Goal To effectively administer the overall program pf the Land Use Commission B. Implementation *1. Preparation of all materials on agenda so commission members receive them far enough in advance of meeting to allow for adequate review before the meeting. *2. Handle all inquiries relating to local land use problems and LUC responsibilities and refer appropriate items to LUC based on LUC priorities. *3. Arrange for meetings between appropriate commissioner and local government officials when action by LUC is being considered. *4. Dispense with minor items at staff level so that commission members are not overburdened with insignificant matters and staff does not waste time in preparing them for review. *5. Maintain accurate records of actions taken by local governments and the LUC in regard to H. B. 1041 designations. *6. Review local government orders and prepare adequate analysis for commission member review. *7. Monitor expenditures of LUC and bring any modifications necessary to attention of commission members. *B. Arrange for any public hearings to be held and provide proper public notice of these meetings. - 5 - oT Cot C °R 9 m a o ♦ * • Y * ine STATE OF COLORADO RICHARD D. LAMM, GOVERNOR OFFICE OF COLORADO LAND USE COMMISSION 1313 erman St_ Wn 520 Denver, CO 80203 13031839-3463 April 5, 1978 Mr. Ed Dunbar, Chairman Weld County Board of Commissioners P. 0. Box 758 Greeley, Colorado 80631 Dear Mr. Dunbar: I want to personally thank you for the constructive comments which you sub- mitted regarding the Land Use Commissions proposed policy for local regula- tion of matters of state interest. Your comments were thoughtful and indicated interest in the procedures and policies of the Commission. I agree with your comments that the mandatory language in the first two pages of the proposed policy was inappropriate in view of the legal authority granted to the Land Use Commission by H. B. 1041. We have directed the staff to revise the language and redistribute the revision for further review by local government. The revision should clarify that the Commission is not trying to make new rules or regulations, but only to set forth its own interpretation of its duties and responsibilities under H. B. 1041. Secondly, you pointed out that the General Standards are applicable to local governments under law only if they choose to designate a given matter of state interest. You are certainly correct in this matter, However, when the Land Use Commission becomes involved in a conflict with local government, it has to choose how far to pursue its remedies toward obtaining designation of the matter under H. B. 1041. The statutes provide that the Commission can first request designation then, failing voluntary compliance with the request, can proceed to the district court for a judicial determination. If instead of pursuing those remedies, the Land Use Commission considers accepting an alternative form of local government control as an adequate substitute, it must decide which of the procedural standards contained in H. B. 1041 may have to be sacrificed. We re- cognize that we cannot require a specific local government to include decthese setpro- cedural standards in regulations adopted under zoning, e B. 1i we feel that the procedural standards are sufficiently important, we can pursue our remedies to obtain designation of the matter instead of agreeing to drop any further action because of the adoption of substitute regulations. Therefore, we are ing to slicit l General Standards aresufficientlyn l importanttoa government which the Land Use Commission concern. Mr. Dunbar Page 2 April 5, 1978 Your final comment addressed the inadvisability of having a prohibition against variances or exemptions. I think that your advice to establish such procedures in a manner whereby variances and exemptions cannot be abused is sound. You may notice that in the revised policy paper being circulated now that the language of that section has been changed. The proposed policy has not been acted upon by the Land Use Commission, and we will be happy to consider any further comments you may have. Again, thank you for the assistance and interest you have shown in this matter. (A CAAkcipN___ Sincerely,tEug$vfe H. Fisher, Chairman Colorado Land Use Commission EHF:bev Hello