HomeMy WebLinkAboutbocc.res.068.1975Re:
PITKIN COUNTY
BOA Or COUNTY CO SSZO ERS
RESOLUTION NO. 75-dg
House Bill No. 1041 - Areas and
activities of state interest
WHEREAS, House Bill No. 1041 was approved by the
Governor on May 17, 1974, and
WHEREAS, House Bill No. 1041 is a comprehensive
land use law which declared that the protection of all land
within the state, public as well as private, is a matter of
public interest, and
WHEREAS, House Bill No. 1041 sets forth certain
"areas of state interest" and "activities of state interest"
that may be designated by local governments to provide for
more effective control through special review permits, and
WHEREAS, the State Land Use Commission has
determined that a local government may accomplish the goals
set forth in House Bill No. 1041 by designating specifically
pursuant to that statute, but also by incorporating the same
kinds of criteria within its zoning and subdivision
regulations, and
WHEREAS, this Board and the Planning and Zoning
Commission have considered many of the matters referred to
in House Bill No. 1041 in their consideration of the CSU,
Environmental Resources Analysis (1974); and
WHEREAS, the County has a continuing project to
combine, revise and improve its zoning and subdivision laws
into a comprehensive Land Use Code, which code this Board
by action taken on August 18, 1975 referred to the Planning
and Zoning Commission for comment, and
WHEREAS, this Board is desirous of complying with
House Bill No. 1041 so as to promote planned and orderly
growth and to protect the environment, among other ends, and
WHEREAS, Section 106-7-404, C.R.S. 1963, requires
that a public hearing be held before designating an area or
activity of state interest and adopting guidelines for the
administration thereof,
NOW, THEREFORE, BE IT RESOLVED that the Board of
County Commissioners hold a public hearing on November 3,
1975, at 1:00 p.m., in the District Court courtroom of the
Pitkin County Courthouse to consider designating all of the
areas and activities of state interest set forth in House
Bill 1041.
I. General Effect. The effect of any such designation
will be to require a "permit for development" in any such
designated "area of state interest" or for the conduct of a
designated "activity of state interest." A permit appli-
cation will be made to the Board of County Commissioners;
will be reviewed according to the statutory standards and
guidelines adopted pursuant thereto; and will require a public
hearing before the Board with notice published not less than
thirty (30) nor more than sixty (60) days prior to such
hearing. It is proposed by the Board that the 1041 permit
system be administered, as nearly as is practicable, together
and in conjunction with the special review and building
permit review provisions of the zoning resolution and with
the sketch plan procedure of the subdivision regulations,
and with such permit applications as are set forth in the
proposed "Pitkin County Land Use Code," presently pending
in and on referral to the Pitkin County Planning and Zoning
Commission.
II. General Subject Matter -- Summary. The general
subject matter of area and activities of state interest are
as follows:
A. "Areas of state interest"
1. Mineral resource areas
2. Natural hazard areas
a. Floodplains
b. Wildfire hazard areas
c. Geologic hazard areas
Avalanches, landslides, rock
falls, mudflows, unstable or
potentially unstable slopes.
ii. Seismic effects
iii. Radioactivity
iv. Ground subsidence
3. Historic, natural or archaeological resource
areas
a. Historic or archaeological area
b. Shorelines of major publicly-owned
reservoirs
c. Significant wildlife habitats
4. Areas around key facilities
a. Airports
b. Major facilities of a public utility
i. Telephone central office buildings
ii.
Transmission lines, power plants,
and substations of electrical
utilities
iii.
Pipelines and storage areas of
utilities providing natural gas or
other petroleum derivatives
c. Interchanges involving arterial highways
d. Rapid or mass transit terminals,
stations, or fixed guideways
B. "Activities of state interest"
e
3.
4.
5.
6.
7.
8.
Site selection and construction of major new
domestic water and sewage systems and major
extension of existing domestic water and
sewage treatment systems
Site selection and development of solid
waste disposal sites
Site selection of airports
Site selection of rapid or mass transit
terminals, stations, and fixed guideways
Site selection of arterial highways and
interchanges and collector highways
Site selection and development of new com-
munities
Efficient utilization of municipal and
industrial water projects
Conduct of nuclear detonations
III. Specific areas of state interest
A. Mineral resource areas
1. Applicable definitions:
"Mineral resource areas" means an area
in which minerals are located in suffi-
cient concentration in veins, deposits,
bodies, beds, seams, fields, pools, or
otherwise, as to be capable of economic
recovery. The term includes but is not
limited to any area in which there has
been significant mining activity in the
past, there is significant mining
activity in the present, mining develop-
ment is planned or in progress, or
mineral rights are held by mineral
patent or valid mining claim with the
intention of mining.
"Mineral" means an inanimate constituent
of the earth, in either solid, liquid,
or gaseous state which, when extracted
from the earth, is usable in its natural
form or is capable of conversion into
usable form as a metal, a metallic com-
pound, a chemical, an energy source, a
raw material for manufacturing, or con-
struction material. This definition
does not include surface or ground water
subject to appropriation for domestic,
agricultural, or industrial purposes, nor
does it include geothermal resources.
2. General criteria for administration:
Mineral resource areas designated as
areas of state interest shall be pro-
tected and administered in such a manner
as to permit the extraction and explora-
tion of minerals therefrom, unless ex-
traction and exploration would cause
significant danger to public health and
safety. If the local government having
jurisdiction, after weighing sufficient
technical or other evidence, finds that
the economic value of the minerals pre-
sent therein is less than the value of
another existing or requested use, such
other use should be given preference;
however, other uses which would not in-
terfere with the extraction and explora-
tion of minerals may be permitted in
such areas of state interest.
Areas containing only sand, gravel,
quarry aggregate, or limestone used for
construction purposes shall be adminis-
tered as provided by article 36 of
chapter 92, C.R.S. 1963.
-4-
The extraction and exploration of
minerals from any area shall be accom-
plished in a manner which causes the
lease practical environmental distur-
bance, and surface areas disturbed
thereby shall be reclaimed in accor-
dance with the provisions of article 13
or article 32 of chapter 92, C.R.S.
1963, whichever is applicable.
Unless an activity of state interest has
been designated or identified or unless
it includes part or all of another area
of state interest, an area of oil and
gas or geothermal resource development
shall not be designated as an area of
state interest unless the state oil and
gas conservation commission identifies
such area for designation.
3. Areas in Pitkin County proposed to be
designated.
The following areas on the Groundwater
and qeolo~ic Resources Map - Plate 111
(Colorado Geological Survey and Colorado
Division of Planning, 1974):
i. Potential Sand and Gravel Resources
(mapped)
ii. Location of mines, quarries, and
gravel pits (mapped)
iii.
Other Resources
coal bearing rocks (mapped)
coal (not mapped)
precious base metals (not mapped
uranium (not mapped)
stone (not mapped)
high refractory clays (not mapped)
DJ
Ail areas on Map Showing Mines, Pros-
pects, and Significant Silver, Lead,
and Zinc Production (USGS - Aspen
Quadrangle only) Bruce Bryant, 1972.
Any other known mineral deposits, e.g.,
as may be on file with the Pitkin County
Clerk and Recorder (e.g., recorded
mining claims).
B. Natural hazard areas:
1. Applicable definitions:
ae
"Aspect" means the cardinal direction the
land surface faces, characterized by
north-facing slopes generally having
heavier vegetation cover.
"Avalanche" means a mass of snow or ice
and other material which may become in-
corporated therein as such mass moves
rapidly down a mountain slope.
f J
"Corrosive soil" means soil which con-
tains soluble salts which may produce
serious detrimental effects in concrete,
metal, or other substances that are in
contact with such soil.
"Debris-fan floodplain" means a flood-
plain which is located at the mouth of
a mountain valley tributary stream as
such stream enters the valley floor.
"Dry wash channel and dry wash flood-
plain" means a small watershed with a
very high percentage of runoff after
torrential rainfall.
"Expansive soil and rock" means soil
and rock which contains clay and which
expands to a significant degree upon
wetting and shrinks upon drying.
"Floodplain" means an area adjacent to
a stream, which area is subject to
flooding as the result of the occurrence
of an intermediate regional flood and
which area thus is so adverse to past,
current, or foreseeable construction or
land use as to constitute a significant
hazard to public health and safety or
to property. The term includes but is
not limited to:
i. Mainstream floodplains;
ii. Debris-fan floodplains; and
iii. Dry wash channels and dry wash
floodplains.
"Geologic hazard" means a geologic
phenomenon which is so adverse to past,
current, or foreseeable construction or
land use as to constitute a significant
hazard to public health and safety or
to property. The term includes but is
not limited to:
Avalanches, landslides, rock falls,
mudflows, and unstable or potenti-
ally unstable slopes;
ii. Seismic effects;
iii. Radioactivity; and
iv. Ground subsidence.
"Geologic hazard area" means an area
which contains or is directly affected
by a geologic hazard.
"Ground subsidence" means a process
characterized by the downward displace-
ment of surface material caused by
natural phenomena such as removal of
underground fluids, natural consolida-
tion, or dissolution of underground
minerals or by man-made phenomena such
as underground mining.
"Mainstream floodplain" means an area
adjacent to a perennial stream that is
subject to periodic flooding.
"Mudflow" means the downward movement
of mud in a mountain watershed because
of peculiar characteristics of extremely
high sediment yield and occasional high
runoff.
"Natural hazard" means a geologic hazard
a wildfire hazard, or a flood.
"Natural hazard area" means an area
containing or directly affected by a
natural hazard.
"Radioactivity" means a condition
related to various types of radiation
emitted by natural radioactive minerals
that occur in natural deposits of rock,
soil, and water.
"Seismic effects" means direct and in-
direct effects caused by an earthquake
or an underground nuclear detonation.
"Siltation" means a process which results
in an excessive rate of removal of soil
and rock materials from one location and
rapid deposit thereof in adjacent areas.
"Slope" means the gradient of the
ground surface which is definable by
degree or percent.
"Unstable or potentially unstable slope"
means an area susceptible to a landslide,
a mudflow, a rock fall, or accelerated
creep of slope-forming materials.
"Wildfire behavior" means the predictable
action of a wildfire under given con-
ditions of slope, aspect, and weather.
"Wildfire hazard" means a wildfire
phenomenon which is so adverse to past,
current, or foreseeable construction or
land use as to constitute a significant
hazard to public health and safety or
to property. The term includes but is
not limited to:
i. Slope and aspect;
ii. Wildfire hehavior chacteristics; and
iii. Existing vegetation types.
v. "Wildfire hazard area" means an area
containing or directly affected by a
wildfire hazard.
General criteria for administration:
DJ
"Floodplains" shall be administered so
as to minimize significant hazards to
public health and safety or to property.
The Colorado water conservation board
shall promulgate a model floodplain
regulation no later than September 30,
1974. Open space activities such as
agriculture, recreation, and mineral
extraction shall be encouraged in the
floodplains. Any combination of these
activities shall be conducted in a mut-
ually compatible manner. Building of
structures in the floodplain shall be
designed in terms of the availability
of flood protection devices, proposed
intensity of use, effects on the ac-
celeration of floodwaters, potential
significant hazards to public health
and safety or to property, and other
impact of such development on down-
stream communities such as the
creation of obstructions during
floods. Activities shall be dis-
couraged which, in time of flooding,
would create significant hazards to
public health and safety or to
property. Shallow wells, solid
waste disposal sites, and septic
tanks and sewage disposal systems
shall be protected from inundation
by floodwaters. Unless an activity
of state interest is to be conducted
therein, an area of corrosive soil,
expansive soil and rock, or silta-
tion shall not be designated as an
area of state interest unless the
Colorado soil conservation board
through the local soil conservation
district, identifies such area for
designation.
"Wildfire hazard" areas in which
residential activity is to take
place shall be administered so as
to minimize significant hazards to
public health and safety or to prop-
erty. The Colorado state forest
service shall promulgate a model
wildfire hazard area control regu-
lation no later than September 30,
1974. If development is to take
place, roads shall be adequate for
service by fire trucks and other
-8-
safety equipment. Firebreaks and
other means of reducing conditions
conducive to fire shall be required
for wildfire hazard areas in which
development is authorized.
In "geologic hazard" areas all
developments shall be engineered and
administered in a manner that will
minimize significant hazards to
public health and safety or to
property due to a geologic hazard.
The Colorado geological survey shall
promulgate a model geologic hazard
area control regulation no later
than September 30, 1974.
de
After promulgation of guidelines
for land use in natural hazard
areas by the Colorado water con-
servation board, the Colorado soil
conservation board through the soil
conservation districts, the Colorado
state forest service, and the
Colorado geological survey, natural
hazard areas shall be administered
by local government in a manner
which is consistent with the guide-
lines for land use in each of the
natural hazard areas.
Areas in Pitkin County proposed to be
designated:
a. Floodplain areas as shown on maps
accompanying the following reports:
Floodplain information - Roaring
Fork River, Castle and Hunter
Creeks. (Army Corps of Engineers,
August, 1973)
ii.
Floodplain information - Roaring
Fork River above Aspen (Army
Corps of Engineers, June, 1974)
b. Geologic Hazard Area as follows:
i. Ail areas mapped on the CSU/ERA
"Potential Geologic Hazards Map"
ii.
iii.
Areas shown having slopes greater
than 30% on the CSU/ERA "Slope Map"
Areas on CSU/ERA "Soils Map" of
soils with high corrosivity and
high expansive characteristics.
Such areas are determined by inter-
pretation of CSU "Soils Map" using
"Pitkin County Soil Survey, Map
Unit Interpretations and Descrip-
tions'' prepared by the Soil Con-
servation Service, 1975.
iv.
Avalanche areas shown on the four
relevant CSU, Environmental Resource
~nal~sis (1974) maps entitle~
Avalanche Areas"; in addition, in
the territory covered by the U.S.G.S.
7.5' Aspen Quadrangle Map, those
areas shown as high and moderate
hazard zones on the "Snow Avalanche
Hazard Zones Map" prepared by Art
Mears for the Colorado Geological
Survey, shall supplement the historic
(but not potential) avalanche desig-
nation on the CSU/ERA "Snow Avalanche
Areas Map".
Severe Wildfire Hazard Areas denoted by
"C" or "X" on the CSU/ERA "Wildfire
Hazard Area Map".
Historic, natural or archaeological resourc~
areas:
1. ~plicable definitions:
"Historical or archaeological resources
of statewide importance" means resources
which have been officially included in
the national register of historic places,
designated by statute, or included in
an established list of places compiled
by the state historical society.
"Natural resources of statewide importance"
is limited to shorelands of major pub-
licly-owned reservoirs and significant
wildlife habitats in which the wildlife
species, as identified by the division
of wildlife of the department of natural
resources, in a proposed area could be
endangered.
General criteria for administration: Areas
containing, or having a significant impact
upon, historical, natural, or archaeological
resources of statewide importance, as det-
ermined by the state historical society, the
department of natural resources, and the ap-
propriate local government, shall be admin-
istered by the appropriate state agency in
conjunction with the appropriate local
government in a manner that will allow man
to function in harmony with, rather than be
destructive to, these resources. Consider-
ation is to be given to the protection of
those areas essential for wildlife habitat.
Development in areas containing historical,
archaeological, or natural resources shall
be conducted in a manner which will minimize
damage to those resources for future use.
Areas in Pitkin County proposed to b~
designated:
Areas lying within 1000 feet of the
established boundary of the townsites
on Independence, Redstone, Ruby, and
Ashcroft, the Osgood Mansion Property,
and the Redstone Inn in Redstone; Indep-
endence and Pearl Pass; Independence
Pass Tunnel.
be
It is proposed that Pitkin County will
inventory and submit to the State His-
torical Society for inclusion on the
state inventory and/or state register
historic and archeological sites from
among the following: Atkinson and
Connaughton House (Red Mountain);
Tourtellotte Park, Sundeck, Silver King,
Roch Run, Ruthie's Run, Little Nell,
and Spar Gulch (Aspen Mountain); the
Silver Queen Profile on West Aspen
Mountain; the Smuggler, Durant, Midnight,
Molly Gibson, Veteran, Aspen, and Enter-
prise Mines; Aspen Grove and Red Butte
Cemeteries; the old mansion at Newman
Mine; Newman Falls; Townsite of Highland;
Highland Bavarian Lodge; old mule pens
of 10th Mountain Division encampment
above Ashcroft; Taylor Pass; Hope Tunnel;
Conundrum Hot Springs; Twin Lakes Tunnel;
the Grottos; the Devil's Punchbowl; Red
Butte; Railroad Depot, Airport Business
Center; Maroon Bells and Maroon Lake;
the old schoolhouse near West Village;
Lenado; Frying Pan Kilns; the Thomasville
schoolhouse (now church); Norrie; Hell
Gate; Sellar Coke ovens; Lime kilns at
Thomasville; Carlton Tunnel; Hagerman
Tunnel; Peach Blow Quarry; Saint Bene-
dict's Monastery; Coke ovens at Redstone.
The shoreland of Reudi Reservoir lo-
cated in Pitkin County including a
peripheral zone extending from the
existing waterline to a point one
fourth (1/4) mile inland from the
maximum storage level, which zone is
shown on the "Reudi Reservoir Map" pre-
pared by the Planning Office.
de
The Wildlife Habitat Area Maps, CSU/
ERA and the riparian areas shown on
the Vegetation Maps, CSU/ERA.
D. Areas around key facilities:
1. Applicable definitions:
a e
"Area around a key facility" means an
area immediately and directly affected
by a key facility.
b. "Key facilities" means:
Airports. "Airport" means any
municipal or county airport or
airport under the jurisdiction
of an airport authority.
ii. Major facilities of a public
utility. "Major facilities of
-11-
iii.
iv o
General
a public utility" means:
central office buildings of
telephone utilities; transmis-
sion lines, power plants, and
substations of electrical
utilities; and pipelines and
storage areas of utilities
providing natural gas or other
petroleum derivatives."
Interchanges involving arterial
highways. "Arterial highway"
means any limited-access highway
which is part of the federal-aid
interstate system or any limited-
access highway constructed under
the supervision of the state
department of highways.
Rapid or mass transit terminals,
stations, and fixed guideways.
"Rapid transit" means the
element of a mass transit system
involving a mechnical conveyance
on an exclusive lane or guideway
constructed solely for that
purpose. "Mass transit" means
a coordinated system of transit
modes providing transportation
for use by the general public.
criteria for administration:
ae
If the operation of a key facility
may cause a danger to public health
and safety or to property, as det-
ermined by local government, the
area around the key facility shall
be designated and administered so
as to minimize such danger; and
Areas around key facilities shall
be developed in a manner that will
discourage traffic congestion, in-
compatible uses, and expansion of
the demand for government services
beyond the reasonable capacity of
the community or region to provide
such services as determined by local
government. Compatibility with non-
motorized traffic shall be encouraged.
A development that imposes burdens or
deprivation on the communities of a
region cannot be justified on the
basis of local benefit alone.
Additional criteria for airpgrts: Areas
around airports shall be administered so
as to:
Encourage land use patterns for
housing and other local government
needs that will separate uncontrol-
lable noise sources from residen-
tial and other noise-sensitive
areas; and
-12-
DJ
e
Avoid danger to public safety and
health or to property due to air-
craft crashes.
Additional criteria for public utility areas:
~reas around major facilities of a public
utility shall be administered so as to:
a. Minimize disruption of the service
provided by the public utility; and
b. Preserve desirable existing community
patterns.
5. Additional criteria for arterial highway
interchange areas: Areas around inter-
changes shall be administered so as to:
a. Encourage the smooth flow of motorized
and nonmotorized traffic;
Foster the development of such areas
in a manner calculated to preserve
the smooth flow of such traffic; and
c. Preserve desirable existing community
patterns.
Additional criteria for mass transit areas:
Areas around rapid or mass transit terminals,
stations, or guideways shall be developed in
conformance with the applicable municipal
master plan adopted pursuant to section
139-59-6, C.R.S. 1963, or any applicable
master plan adopted pursuant to section
106-2-7. If no such master plan has been
adopted, such areas shall be developed in a
manner designed to minimize congestion in
the streets; to secure safety from fire,
flood waters, and other dangers; to promote
health and general welfare; to provide
adequate light and air; to prevent the
overcrowding of land; to avoid undue con-
centration of population; to facilitate
the adequate provision of transportation,
water, sewage, schools, parks, and other
public requirements. Such development in
such areas shall be made with reasonable
consideration, among other things, as to
the character of the area and its peculiar
suitability for particular uses, and with
a view to conserving the value of buildings
and encouraging the most appropriate use of
land throughout the jurisdiction of the
applicable local government.
Areas in Pitkin County proposed to be
~esi~nated:
Sardy Field and environs as shown
on the Airport High Hazard and Medium
Hazard Zones Map, but not excepting
therefrom the exceptions listed in the
legal descriptions on that map.
Areas lying within 1000 feet of all
transmission lines, and substations
of Colorado Ute Electric Company.
Also, areas lying within 1000 feet on
either side of any natural gas trans-
mission lines of Rocky Mountain Natural
Gas within Pitkin County.
Areas within 1/4 mile radius of the
following interchanges: State Highway
82 and the Difficult Campground
access road; Highway 82 and Maroon
and Castle Creek roads; Highway 82
and the Tiehack access road; Highway 82
and the access road for the Butter-
milk Ski Area; Highway 82 and But-
termilk West Road; Highway 82 and
Owl Creek Road, and Owl Creek road
extended; Highway 82 and all access
roads to the Airport Business Center;
Highway 82 and Brush Creek Road;
Highway 82 and the Upper and Lower
Woody Creek roads; Highway 82 and
Gerbazdale (Aspen Village) and Hall
Concrete access roads; McLain Flats/
Woody Creek road and the Upper Woody
Creek road; Highway 82 and the Old
Snowmass road; the area within the
unincorporated area of Pitkin County
within 1/4 mile radius of the inter-
change of Cemetary Lane and Highway
82.
Areas within a corridor 1000 feet on
either side of the centerline of the
proposed mass transit alignment in the
report "Light Rail Transit Community
Criteria for Final Design" prepared by
the Citizen Transit Design Committee
July 30, 1975, in particular the
"Reference" alignment and the "exten-
sions'' and "alternates" adopted as
probable future additions to said "ref-
erence alignment, all as shown on maps
accompanying said report.
IV. ~ctivities of state interest.
A. Additional applicable definitions:
"New communities" means the major revital-
ization of existing mhnicipalities or the
establishment of urbanized growth centers
in unincorporated areas.
"Collector highway" means a major thorough-
fare serving as a corridor or link between
municipalities, unincorporated population
centers or recreation areas, or industrial
centers and constructed under guidelines
and standards established by, or under the
supervision of, the state department of
highways. Collector highway does not in-
clude a city street or local service road
or a country road designed for local ser-
vice and constructed under the supervision
of local government.
-14-
"Domestic water and sewage treatment system"
means a wastewater treatment plant, water
treatment plant, or water supply system, as
defined in section 66-38-2 (6), (7), and
(8), C.R.S. 1963, and any system of pipes,
structures, and facilities through which
wastewater is collected for treatment.
B. Specific activities listed:
Site selection and construction of major
new domestic water and sewage treatment
systems and major extension of existing
domestic water and sewage treatment systems.
2. Site selection and development of solid
waste disposal sites.
3. Site selection of airports.
4. Site selection of rapid or mass transit
terminals, stations, and fixed guideways.
5. Site selection of arterial highways and
interchanges and collector highways.
6. Site selection and construction of major
facilities of a public utility.
7. Site selection and development of new
communities.
8. Efficient utilization of municipal and
industrial water projects.
9. Conduct of nuclear detonations.
C. General criteria for administration:
1. Domestic water and sewage systems:
ae
New domestic water and sewage treat-
ment systems shall be constructed
in areas which will result in the
proper utilization of existing
treatment plants and the orderly
development of domestic water and
sewage treatment systems of adja-
cent communities.
Major extensions of domestic water
and sewage treatment systems shall
be permitted in those areas in which
the anticipated growth and develop-
ment that may occur as a result of
such extension can be accomodated
within the financial and environ-
mental capacity of the area to sus-
tain such growth and development.
Solid waste disposal sites: Major solid
waste disposal sites shall be developed in
accordance with sound conservation practices
and shall emphasize, where feasible, the re-
-15-
cycling of waste materials. Consideration
shall be given to longevity and subsequent
use of waste disposal sites, soil and wind
conditions, the potential problems of
pollution inherent in the proposed site,
and the impact on adjacent property owners,
compared with alternate locations.
Airports: Airports shall be located or ex-
panded in a manner which will minimize dis-
ruption to the environment of existing com-
munities, will minimize the impact on
existing community services, and will com-
plement the economic and transportation
needs of the state and the area.
4. Mass transit:
Rapid or mass transit terminals,
stations, or guideways shall be
located in conformance with the ap-
plicable municipal master plan adop-
ted pursuant to section 31-23-106
C.R.S. 1973, or any applicable county
master plan adopted pursuant to section
30-28-108. If no such master plan has
been adopted, such areas shall be
developed in a manner designed to
minimize congestion in the streets;
to secure safety from fire, flood
waters, and other dangers; to promote
health and general welfare; to provide
adequate light and air; to prevent
the overcrowding of land; to avoid
undue concentration of population;
to facilitate the adequate provi-
sion of transportation, water,
sewage, schools, parks, and other
public requirements. Activities
shall be conducted with reasonable
consideration, among other things,
as to the character of the area and
its peculiar suitability for parti-
cular uses, and with a view to con-
serving the value of buildings and
encouraging the most appropriate use
of land throughout the jurisdiction
of the county.
Proposed locations of rapid or mass
transit terminals, stations, and
fixed guideways which will not re-
quire the demolition of residences
or businesses shall be given prefer-
red consideration over competing
alternatives.
A proposed location of a rapid or
mass transit terminal, station, or
fixed guideway that imposes a burden
or deprivation on a local govern-
-16-
ment cannot be justified on the
basis of local benefit alone, nor
shall a permit for such a location
be denied solely because the loca-
tion places a burden or deprivation
on one local government.
Highways: Arterial highways and interchanges
and collector highways shall be located so
that:
a. Community traffic needs are met;
b. Desirable community patterns are not
disrupted; and
Direct conflicts with adopted local
government, regional, and state master
plans are avoided.
Public utilities: Where feasible, major
facilities of public utilities shall be
located so as to avoid direct conflict
with adopted local government, regional,
and state master plans.
New communities: When applicable, or as
may otherwise be provided by law, a new
community design shall, at a minimum, provide
for transportation, waste disposal, schools,
and other governmental services in a manner
that will not overload facilities of exis-
ting communities of the region. Priority
shall be given to the development of total
communities which provide for commercial
and industrial activity, as well as res-
idences, and for internal transportation
and circulation patterns.
Water projects: Municipal and industrial
water projects shall emphasize the most
efficient use of water, including, to the
extent permissible under existing law,
the recycling and reuse of water. Urban
development, population densities, and
site layout and design of storm water
and sanitation systems shall be accom-
plished in a manner that will prevent the
pollution of aquifer recharge areas.
e
Nuclear detonations: Nuclear detonations
shall be conducted so as to present no
material danger to public health and
safety. Any danger to property shall not
be disproportionate to the benefits to be
derived from a detonation.
V. Miscellaneous.
A. Referenced material: Ail reports, maps, studies,
and other material referred to herein are on file at the annex
office of the City-County Planner, Courthouse, Aspen, Colorado,
and may be examined there. Any telephone inquiries should be
made to Karen Smith, 1041 Administrator, Pitkin County Court-
house, 925-6387.
B. Publication of notice: A synopsis of this reso-
lution shall be published once in the Aspen Times, a legal
newspaper of general circulation in Pitkin County at least
thirty (30) days but not more than sixty (60) days prior to
the hearing date above set forth.
C. Referrals: A copy of this resolution shall be
sent to the Division of Planning in the Department of Local
Affairs; the Colorado Land Use Commission; the Clerks and
Attorneys of the City of Aspen and Town of Basalt; and the
Pitkin County Planning and Zoning Commission, for comments.
D. Hearing: At the hearing, with regard to desig-
nations, the Board will consider the intensity of current
and foreseeable development presures and the applicable
guidelines for designation issued by various state agencies
and the Land Use Commission. The Board will, to the extent
feasible, specify the boundaries of the areas. It will con-
sider the reasons why a particular area or activity is of
state interest, the dangers that would result from uncon-
trolled development of any such area or uncontrolled conduct
of such activity, and the advantages of development of such
area or conduct of such activity in a coordinated manner.
At such hearing, the Board will consider any relevant comment
as to guidelines for local administration of such areas and
activities.
E. Additional mapping: The City-County Planning
Office is hereby directed forthwith to prepare maps showing
proposed House Bill 1041 areas so that such maps may be used
at the hearing. It is proposed that such maps will be offi-
cially adopted as areas of state interest (1041) maps and
shall supplement the Pitkin County Zoning Maps.
F. Development Permits: From and after the date
of this resolution, any party desiring to engage in development
in an area of state interest or conduct an activity of state
interest, as herein set forth, must file a permit application
with Pitkin County. Address inquiries to Hal Clark, Land Use
Administrator, City/County Planning Office, City Hall, Aspen,
925-2020.
Dated: /~/~/73--
ATTEST: ~
Board of County Commissioners,
of Pitkin County
Chairman
-18-