HomeMy WebLinkAboutbocc.res.015.1976
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PITKIN COUNTY
BOARD OF COMMISSIONERS
Resolution No. 76 -IS-
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RE: Adoption of Pitkin County Land Use Code
WHEREAS. the Board of County Commissioners of Pitkin County
initiated the proposed Pitkin County Land Use Code on November 3. 1975.
and
WHEREAS. the proposed Code is a recodification of the Pitkin
County Zoning Resolution and Subdiyision Regulations and incorporates
certain other land use regulations including guidelines for adminis-
tration of matters of State interest designated by the Board on December
1, 1975, and February 4. 1976, and
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WHEREAS, the Board referred the proposed Code to the Pitkin
County Planning and Zoning Commission on Noyember 12. 1975, for their
review and comment. and
WHEREAS, the Planning and Zoning Commission reviewed the proposed
Code on December 3 and December 10, 1975. and certified their comments
and recommendations thereto to the Board in Planning and Zoning Commission
Resolution 32-75, and
WHEREAS. after public notice giyen pursuant to law. the Board of
County Commissioners held a public hearing to consider comments on the
Code on February 2, 1976. at 2:30 p.m. in the District Courtroom of the
County Courthouse, and
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WHEREAS, the Board has reyiewed all the eYidence, testimony, and
exhibits submitted at the public hearing, as well as the comments and
recommendations of the Planning and Zoning Commission, together with
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4. That the said George Ochs is authorized to set forth
and execute affirmative minority business policies in
connection with the project's procurement needs.
CERTIFICATE
The undersigned duly qualified and acting Deputy Clerk of Pitkin County
certifies that the foregoing, including the Exhibit "A" attached thereto,
is a true and correct copy of a resolution. adopted at a legally convened
meeting of the Board of County Commissioners of Pitkin County. held on
February 9, 1976.
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yarious studies and land use plans and it has reached the following
conclusions or findings:
1. That the proposed Land Use Code consolidates the procedures for
review of all zoning and subdiVision applications and of permits for
development in designated areas of state interest and for the conduct
of designated activities of state interest and that such consolidation
is a necessary response to the proliferation of regulatory reyiew
procedures mandated or authorized by law in order to streamline the
process for deyelopment application review and eliminate duplication
of regulatory procedures and inconsistencies therein and in order to
afford all applications the most expeditious reviews, and
2. That the Land Use Code codifies and locates in one comprehensiye
Code all of the policies. standards and criteria for reyiew and that such
codification is necessary in order to avoid confusion and uncertainty
concerning the applicable standards and review criteria for any deyelop-
ment application and to ensure that such deyelopment applications will be
eyaluated as to all releyant social, fiscal, public serYices, and environ-
mental impacts of the development, and
3. That traditional zoning and subdivision tools haye proyen inadequate
in the face of development pressures to articulate and deal with all the
impacts of growth and that development applications in certain areas should
instead be afforded more of a case-by-case analysis utilizing the yarious
plans and studies adopted by the County, and
4. That the findings and conclusions with regard to the problems of
rapid growth and density of development contained in Board of County
Commissioners Resolution 74-16 adopted March 25, 1974, are incorporated
herein by reference as supportive of the adoption of the Land Use Code,
and further, that development pressures and problems induced thereby are
continuing because most recent population estimates for the Aspen and
Snowmass Sanitation Districts project an annual growth rate of 7-8% in
the years 1975 - 1980.
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5. That guidelines for administration of areas and activities of
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state interest incorporated within the Land Use Code as required by
HB 1041, Section 24-65.1-101 et. seq. C.R.S., 1973. are necessary to
complete the designations of such matters adopted by the Board on
December 1, 1975, and February 4, 1976.
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That the findings and conclusions with regard to reasons why
such areas and activities are matters of state interest, the dangers
of uncontrolled development in such areas or uncontrolled conduct of
such activities, and the advantages of development in areas or the
conduct of activities in a coordinated manner as set forth in the fo1-
lowing resolutions are incorporated herein by reference as supportive
of the guidelines for administration found in Part Four of Section 5
of the Land Use Code:
a.
Board of Commissioners' Resolution #75-97 dated December
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1, 1975. designating geologic hazard areas. floodplains,
wildfire hazard areas, historic and archaeological areas,
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wildlife habitat areas, and areas around rapid or mass
transit terminals, stations and fixed guideways as areas
of state interest.
b. Board of Commissioners' Resolution #75-98 dated Deeember
1, 1975, designating site selection and construction of
major new domestic water and sewage treatment systems and
major extensions of 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 inter-
changes and collector highways; and site selection and
construction of major facilities of a public utility; site
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selection and development of new communities; efficient
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utilization of municipal and industrial water projects;
and conduct of nuclear detonations as activities of state
interest.
c. Board of Commissioners Resolution #76-2 dated February 4,
1976, designating areas around the airport as areas of
state interest.
That the guidelines for administration of areas and activities of
state interest and relevant procedural provisions for designated matters
of state interest incorporated in the Code were drafted after having
taken into consideration the applicable guidelines issued by the Colorado
Land Use Commission.
6. That in addition to zoning and subdivision enabling laws, and
H.B. 104l of 1974. H.B. 1034 of 1974. very broadly delegated additional
authority in the planning field to local governments.
7. That the Land Use-Code is necessary in order to promote the health,
safety and general welfare of the community; to protect and preserve its
environmental resources, including significant wildlife habitat; to
preserve the viability of local government and the ability of local
government to effectively deal with public facilities and services
deficiencies; and to provide for phased development of government
services and facilities; to maintain a viable economic base by maintaining
the attractiveness of Pitkin County as a recreation and tourist area;
to protect the tax base and secure economy in local government ex-
penditures; to preserve areas of historical and archaeological importance;
to regulate activities and developments in hazardous areas; to regulate
the location of activities and developments which result in population
growth, and to regulate the use of land on the basis of the impact thereof
on the community or surrounding areas. and that conclusions and findings
related to the above are set forth more fully in Board of County Commissioners"
Resolution 74-16. and are incorporated herein by reference as supportive
of the adoption of the Land Use Code.
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8.
That the proposed Land Use Code is part of a continuing planning
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process and further amendments will be made as further analysis provides
even more detailed information or planning policies are amended such
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as, for example, through the proposed Growth Management Plan Draft,
Planning Office, 1976, which is now being considered by the Planning
and Zoning Commission.
9. That the Planning and Zoning Commission has recommended that the
Land Use Code needs some clarification and revision of administrative
procedures and specifically that an outline or flow chart be integrated
in Section 1 and that Sections 5 and 6 be reviewed and revise~,to elim-
inate duplication and unnecessary language and generally ~ promote
clarification of regulations and procedures therein and th~t '" 'Pee if ic
comments of Planning and Zoning Commission members be considered for
integration in the Code.
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That the Board has directed the Planning Office to work with the
County Attorney and members of the Planning and Zoning Commission to
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incorporate these recommendations in the Land Use Code and to make such
other technical and organizational amendments as are appropriate on the
basis of the testimony offered at the public hearing and other recommendations
submitted prior to that hearing, including, but not limited to revisions
in the Airport Business Zone District, revisions to the guidelines for'
areas around the airport deleting prohibited uses, providing for certain
exemptions from the meaning of development within designated areas of
state interest, working with the Housing Director to revise the Housing
Regulation, and devising an index.
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NOW, THEREFORE, BE IT RESOLVED that the Pitkin County Zoning
Resolution of 1955, as amended, and the Pitkin County Subdivision Reg-
ulations be amended on the effective date indicated below by replacing
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them with the Pitkin County Land Use Code, November 3. 1975, Draft, as
amended by the "Errata and Suggested Revisions" document, November 3rd
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Draft, as provided herein in Addendum A, attached hereto, and incorporated
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herein by reference, and
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BE IT FURTHER RESOLVED that the effective date of the Pitkin
County Land Use Code shall be April 1, 1976, and that prior to that
date a revised draft shall be prepared by the Planning Office and sub-
mitted to the Planning and Zoning Commission for their review and
recommendation, and thereafter to this Board for adoption.
Dated this 9th day of February, 1976.
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BOARD OF COUNTY COMMISSIONERS
PITKIN COUNTY
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By\~A (;
Dwight K. She man, Jr.
Chairman
ATTEST:
--=D t nu.. ~ n,~n
Deputy Clerk
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ERRATA AND SUGGESTED REVISIONS
Pitkin County Land Use Code
November 3, 1975 Draft
NOTE: This sheet is a compendium of corrections for typographical and tech-
nical errors brough to our attention since distribution of the November 3
draft. Other revisions, particularly those of a substantive nature, will
be made up to and after the public hearing on February 2, 1976.
Table of Contents
Section 5 change "supplementary" to "general"
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Section 1:
1. 03 paragraph 1, line 3 should read "under the Constitution and Statutes
of Colorado and the United States of America."
1.03 paragraph 2, line 3
delete "morals"
1. 05 paragraph 1, line 3
delete "morals"
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1.05
paragraph I, lines 10,11 delete "protecting both urban and non-urban
development; and encouraging the most appropriate use of land."
1.05
paragraph 2, lines 9-12,
the Federal government."
delete "but does not include . . . granted by
1.05 paragraph 3, line 4
sp. "improve"
1.06.01 paragraph 1, line 4 change "supplementary" to "general"
1.06.02 paragraph 1, line 5 (same)
1.06.02 paragraph 1, line 6 change "12" to "11"
1. 06.02 b. line 3 delete "and Policies"
1. 06.02 b. line 7 insert "Policies" before "Standards"
1.06.02 b. line 11 change "support or oppose" to "COlmaent upon"
1.06.02 c. line 1
change "prepared by or for" to "adopted by"
1.06.02 c. last sentence Repl1!ce with "Reference materials may be cited and
utilized by an applicant, Referral Agency, citizen or county officials
to provide relevant information concerning a land use proposal."
1.06.03 paragraph 1, line 7
insert "special" before "review"
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1. 06. 03 paragraph 1, line 12 change "Supplementary" to "General"
1. 06. 03 paragraph 1, line 13 change "Provisions" to "Procedures"
--1. 06.03 c. change "Supplementary" to "General"
1. 06. 03 d. change "Provisions" to "Procedure"
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1.06.03 d. line 3
change "supplementary" to "general"
1.06.03 d. line 7
delete "Provisions"
1.06.03 d. line 8
sp. "possible"
General: The P & Z and others have requested that Section 1 include a flow
chart or outl~ne of the interrelationships of various sections of the Code.
A proposal will be prepared prior to the public hearing.
l.06.03 d. last paragraph after chart, last line should read" . . . if the
Board deems it necessary in order to make the required determination"
1. 06. 04 line 8
change "13" to "12"
Section 2:
2.02 last line
should read "United States of America"
2.03 change title to "Natural and Man-Made Hazards"
2.03 a. change to read "Subject any person including the occupants or users
of any such improvement or use or their property to natural or man-
made hazards."
2.03 b. change to read "Create or increase the danger of natural or man-made
hazards which will affect other improvements, activities, or lands."
2.03 c. line 2
insert "to" before "respond"
2.03 c. line 3
insert "to" before "rehabilitate"
2.03 Add new Section e. as follows:
"Constitute a nuisance, potentially dangerous to persons."
2.04 Delete entire section
2.05 line 9
change to read "to ensure that land uses or development will
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2.06 line 3
change "alter" to "cause"
2.06 line 6
after "administration", insert "or to pollute natural streams"
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2.06
lines 7, 8
land uses
should read
"are no more disruptive to natural streams or
"
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_2.11 paragraph 1, line 2
add "that is" after "development"
2.11 paragraph 2, line 3 should read "of or adjacent to existing develop-
ment and areas suited to . "
2.11 paragraph 2, last sentence add "and are premature for the development
contemplated."
2.14 a. line 3 change "diversions" to "divisions"
2.14 a. line 5 delete"(e.g. loss. . . 'with meadows)"
2.14 b. Delete and replace with "Encourage the exclusion of primarily agri-
cultural areas from taxing districts which may be formed for purposes
not of measurable benefit to agricultural operations."
2.14 e. add at end "including depradation of domestic pets."
2.l9 line 4 after "sun" insert "to prevent structure or development from
blocking direct sunlight to other structures, improvements, or uses."
2.19 line 5
after "encourage" insert "use of barriers as"
2.20
line 6 after "trails" insert "for bicycles, horses, pedestrians, and
cross-country skiers."
2.21
add "and will not generate excessive growth in the County."
line 12
2.22 last line replace "plans" with "goals and objectives"
Sec tion 3:
3.01.02
References to "3.06" should be "3.07"
3.01.03 line 1
change "superceded" to "pre-empted"
3.01. 04 b. 1. line 3 End sentence after "endeavors." Replace remaining
with: "The Land Suitability Maps and any ot:her appropriate maps and
accompanying text from the Colorado State University, Environmental
Resources Analysis shall be used to indicate areas which are suitable
for development."
3.01.04 b. 2 and 6 Need to be rewritten to avoid contradictory interpretation.
It has been suggested also that 100% is an unrealistic figure, that any
development would reduce the food producing capability by at least a
fractional amount.
3.01.04 b. 4 line 2
change "likewise restricted" to "designed and used"
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3.01.04 b. 5 should read "That domestic dogs (excluding working ranch dogs)
are absolutely precluded. "
3.01.04 b. 6
last line delete "for human consumption."
3.01.04 b. 8 line 2
after "covenants"" insert "or other contractual documents"
3.01.04 b. 8 delete 2nd paragraph
3.01.04 c. line 4
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should read "To provide for a limited amount of small lots
3,01.04 d. Delete
3.01.05 Suggested deletion of U, Unclassified District
3.03 paragraph l, last sentence
prohibited"
should read "All uses not listed are
3.03 General: It has been suggested that the use matrices still need some
clarification with respect to uses allowed and perhaps integration of
all,districts in one Chart.
3.03 #32 change Section IX to Section 5.72
3.03 #41, 48 needs to be filled in or deleted
3.04 paragraph 1, last sentence
hibited."
Should read "All uses not listed are pro-
3.04 page 2 Headings should read:
Uses allowed under
Provision One (160A)
Uses allowed under
Provision Two (on
lots of 1.5 acres or less)
3.05 paragraph 1, last sentence
Same as for 3.04
3.06 throughout
cedure"
Change "Supplementary" to "General" and "Provisions" to "Pro-
3.06.03 a. paragraph 2, line 2
Change "Planning Office" to "Building Inspector"
3.06.03 a. paragraph 3 add "notice not later than 30 days prior to the hearing."
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3.06.03 a. General Question whether annual review should be required until there
is a review of the use matrix.
3.06.03 c. last sentence should read "Any unfulfilled obligations of the
permittee shall continue to be binding after expiration of the permit."
3.07.01 line 4 after "treatment of", insert "uses,"
3.07.01 line 7 sp "destroy"
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3.07.01 line 10 after "intended to", insert "allow variance from the other
provisions of Section 3.02, Bulk Requirements, to"
3.07.02 line 1 sp "disapproval"
3.07.02 line 3 change "Provisions" to "Procedure"
3.07.03 line 2 change "Supplementary district" to "any other applicable districts
of PART FOUR of Section 5."
3.07.04 second sentence should read
"Such density shall be determined by dividing the net area (excluding
public right-of-way) of the P.U.D. by the minimum lot size of the district."
3.08.02 b. Question whether 50 feet is adequate for major roads.
3.08.04 line 6
after "suitably" insert "screened and"
3.08.04 line 7
after "streets" add "by earth berms or landscaping."
Section 4:
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Change "Provisions" to ','Procedure" throughout
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4.02.01 a. 1. lines 2-4 change to read" . does not alter the overall
existing density of the previously existing parcel being subdivided."
4.02.01 c. line 2 insert "street" before "trails"
4.02.02 a. line 1 should read "exemption from"
4.02.02 a. 1. last line should read "and right to use or deal with the property"
4.02.02 a. 2. add "proposed access to a public road"
4.02.03 line 3 should read "be promptly recorded"
4.02.05 line 2 sp "recorded"
4.03.02 a. line 3 change 5.03.02 to 6.03.02
4.03.02 b. line 1 change "Land Use Administrator" to "Planning Office"
4.03.02 b. line 3 sp "Comments"
4.03.02 c. 1. line 6 delete "before approval . .
by the Board."
4.03.02 e. 3 + 6 should be Section 6, not Section 5
4.03.03 a. last linE: change to 1" = 200'
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4.03.03 b. 6 insert "street" after "utility"
4.03.03 b. 7 after "designation" insert "and description to a public road
and evidence of right to use of such access"
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4.03.03 c. last line sp "subject"
4.03.04 a. line 1 change "permit" to "cause"
4.04.04 a. 2 line 2
change "unsubdivided" to "subdivided"
Sec cion 5:
Throughout change "Supplementary" to "General" and "Provisions" to "Procedure"
General: It has been suggested that General Regulations be revised whenever
they appear with the format Policies, Findings. Evidence, Policies can be
deleted because they restate Section 2. Findings and Evidence will be re-
written as Submission Requirements and Guidelines for Administration. Specific
typographical and technical corrections are omitted here and will be incorporated
in a revision proposal which will be prepared prior to the public hearing.
PART FOUR - AREAS AND ACTIVITIES OF LOCAL AND STATE INTEREST
General: Needs some revision on the basis of 1041 designations adopted by
the Board on December 1, 1975. Revisions include:
1. Deletion of Section 5.41 Mineral Resource Areas
2. For the remainder of this PART FOUR, under the Applicabilty of Regulations,
section, e.g" 5,42.01, in sub-section b. should be added the enabling
authorities of HB 1041, HB 1034 and possibly zoning statutes. In Section
5.43.01 b., however, said reference should state that only the Army Corps
maps have been designated pursuant to HB 1041, et. al., while the other
floodplain descriptions are adopted pursuant to HB 1034 and zoning only.
3. There has been much discussion about the meaning of "development" under
1041 and thus what land use applications must come under 1041 special
review. For each designated area we might provide for exemptions for uses
or activities which would not "change the l,<1sic character of the land,"
for e.g., an industrial use in a designated airport area. This should be
reviewed by the County Attorney.
4. 5.45.01 a. 2. add "including the streams and lakes (aquat~,c habitat)
therein."
5. 5.45.02 g. General wildlife regulations need to be reorganized. For e.g..
aquatic habitat recommendations should be given a separate heading. Other
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general recommendations might go in a Wildlife regulation in PART ONE
since they do not relate to the specific wildlife designations under 1041.
6.
5.46.01 a. delete #5
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7. 5.47 Whole section is numbered wrong. See Draft criteria for regulations
for areas around the airport attached at back of Code or attached to this
memorandum. Delete all sections having to do with areas around major fac-
ilities of public utilities and areas around highway interchanges since
these were not designated pursuant to HB'l04l.
8. 5.48 Sections dealing with new communities may have to be revised because
of the recent Colorado Supreme Court ruling, i.e.: Boulder County/Louis-
ville.County Attorney should advise.
5.73 There has been some question about the propriety of including subdivision
design standards here. Perhaps put in Section 4.
5.73.12 a. Questions were raised concerning the dedication requirements. This
section should be reviewed since it is somewhat changed.
Section 6:
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General: Planning Commission and others have requested a flow chart here, so
that the procedure is clarified at the outset. Another suggestion emanating from
P & Z related to the General Submission. It was felt by some that the applicant
was required to submit so much at this stage that some preliminary conceptual
review by P & Z might be given an application before the application proceeded
through the General Submission.
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Throughout change "Provisions" to "Procedure"
6.03.02 e. i
line 3
sp "impact"
6.03.02 i 8 v. last line, change "of" to "or"
6.03.04
Section should have'headings to facilitate flow
6.04.01 line 5
delete "otherwise their approval shall expire"
6.04.02 d. line 2 Add "Section 6.04.03"
6.04.02 d. 1 Delete Sub-section 2, replaced by 1041 Special Review
6.04.02 d. 1 Sub-section 6, line 2 delete "shopping centers"
6.04.03
Delete here, but reference Section 6.03.03, General Submission
6.04.04
Delete i
6.05.03 b. 2 i line 4 change 5.74 to 5.73 (also in 6.05.03 e and g)
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'Section 7:
Should be reviewed by County Attorney, especially with respect to 1041 des-
ignations and Special Review uses therein.
7.12 line 16
sp "such"
7.12 line 24 sp "the"
7.15 line 3 sp "of"
Section 9:
9.03.02 Add "The proposal shall be sent to the Neighborhood Caucus for a majority/
minority opinion."
Section 12: Add Definitions Pertaining to Matters of State Interest (attached)
NOTE: On the following pages are sections or pages of the Code which were
either misplaced in collating xeroxed copies or which were drafted for in-
clusion in the Code in December. On some copies, these pages are located in
the last pages of the document.
A note at the top of the page indicates the section of the Code which these
drafts amend.
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1.1
1. The number of d\.elling units proposed, by type, and the
market that each type is expectcd to serve.
2.
In the case of condominium or othcr multiple unit develop-
ment, the maximum density allowed by the zoning district in
which the proposed condominium project is situated; the
approximate number of condominium units proposed, designa-
tion thereof (i,e., one-bedroom, studio, etc.) and estimate
of square footage size of eaeh designation; a conceptual des-
cription of the building(s) and other improvements pro-
posed, together ...dth the approximate proposed location. there-
of on the site plan.
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3. The extent to\~hich the demand for 10\., and moderately priced
housing would be increased or decreased by the proposed
development, incLudins estimates of the temporary demand
likely to be generated by development of the proposal and of
the 10Dg-term demand likely to be generated by its operation.
4. The measures by \'lhich the applicant and the Board may enSll1:e
that any low and modcrotely priced housing within the
proposed development or otherwise provided will remain com-
mitted to such housing needs of the County,
5.
The schedule in which such low and moderately priced units
will be constructed,
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b. Such evidence shall specifically show that the proposal meets the
housing nePGs of the County by providing 10i. and moderately priced
units to the follo\'7ing mlnilr,um standards:
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DEVELOPMENT SITE
Er~LOYEE1HOUSING
CAPACITY
HODERATE INCOHE
HOUSING
1. Exclusionary
Residential
None
50%
2. Tourist Condo-
miniums
1 unit/lOOO
sq. ft. of
floor area
25%
3. liotel/Lodge
1 employee/
500 sq. ft,
3
1 unit per
1000 sq. ft.
None
4. Commercia12
None
1. Exempt from calculation of I<AR. Hay be provided off-site
if no transportation or other problems are created.
2. May be reduced for necessary commercial development such
as grocery storeg.
3. 1 double-occupancy unit.
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DRAFT FOR DISCUSSION
AIRPORT BUSINESS ZONE
tee I loUl..V7lbW. IN ~..'-r,0J-..( 3,c;>~
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INTENT:
- to provide for businesses that are non-tourist oriented and
that will not generate high customer traffic
- to provide for businesses that may require large spaces for
storage or operation
- to provide for businesses that deliver to customers direct
and do not require retail display or showroom space
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- to insure adequate space for the future location of low
density yards, storage and wholesale service and commercial
businesses which, due to increasing land costs, cannot econ-
omically operate in other urban commercial districts
- to allow for a limited number of accessory residential units
to house employees working within the district
- to allow for limited convenience, retail commercial to pro-
vide essential, incidental goods and services for employees
and resinents of the district provided, however, that the
goods rand services constitute a commercial facility that is
dependent only on the businesses and residents in the dis-
trict, that the convenience commercial uses are concentrated
in one location, that the retail establishments do not gen-
erate additional traffic or customers from outside the air-
port business district zone.
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11.
5.
Vocational schools
Other similar businesses and services not
specified
CONVENIENCE NEIGHBORHOOD CO~TI1ERCIAL - developed
to serve the district residents and employees,
not to exceed forty (40) square feet of commercial
floor area per existing dwelling unit and limited
to 12,000 square feet in gross floor area cumulative
total for the entire district with the fOlldwing
IV
uses~
1.
2.
3.
II .
5.
6.
7.
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Restaurant
Food Store
Laundromat
Dry cleaning and laundry drop-off and pick up
Drug store
Post office sub station
Other neighborhood commer6ial performing limited,
functions of any of the above uses and including
gasoline service stations
V. PUBLIC AND QUASI-PUBLIC
1-
2.
3.
4.
Churches, meeting rooms
Required parks, playfields and playgrounds
Essential governmental and public utility uses,
facilities, services and buildings
Other public and quasi-public uses not specified
VI INDUSTRIAL provided that such facilities are completely
enclosed and that no effects from noise, smoke, glare,
vibration, fumes or other environmental factors are
measurable at the property line.
1- Research facilities A
2. ~esting laboratories A
3. Facilities for the manufacture, fabrication,
processing or assembly of products A
li . Other similar uses S
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4.
5.
6.
7.
8.
9.
10.
11.
12.
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13.
14.
15.
16.
17.
18.
19.
Atl
Yard equipment and supply dealers
A
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Firewood operations
Building contractor and equipment
A
Service garages
A
Trucking services
Wholesale and catalogue sales operati9ns
Household equipment rental establiShme~ts
A
A
A
Car washes
A
Membership clubs not conducted primarily for gain
A
Vehicle and accessory dealers and repair services
A
Animal hospitals and kennels
A
Bulk cleaning and laundry plants
Cold storage lockers
A
A
A
A
Printing and photographic services
Wholesale food supply and warehousing
Above uses requiring building in excess of
12)000 sq. ft. .
S
Other similar businesses and services not
specified
20. Offices related to business and service district
uses and limited to a floor area of 1)000 sq. ft.,
provided no retail sales or services are conducted
on the premises. A
21.
S
Offices related to business and service district
uses and in excess of 1)000 sq. ft. in floor
area.
S
1.
III. PROFESSIONAL BUSINESSES AND SERVICES
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Medical and dental clinics
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2.
Financial institutions
3.
Offices, including medical) dental) law) finance)
insurance, architectural, engineering
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Vocational schools
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5.
Other similar businesses and services not
specified
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IV CONVENIENCE NEIGHBORHOOD CONl'iIERCIAL ;... developed
to serve the district residents and employees,
not to exceed forty (40) square feet of commercial
floor area per existing dwelling unit and limited
to 12,000 square feet in gross floor area cumulative
total for the entire district with the folldwing
uses~
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Post office sub station
A
A
A
S
A
A
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S
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A
A
S
1.
Restaurant
2.
Food Store
Laundromat
3.
4.
5.
6.
Dry cleaning and laundry drop-off and pick up
Drug store
7. Other neighborhood commercial performing limited,
functions of any of the above uses and including
gasoline service stations
V. PUBLIC AND QUASI-PUBLIC
1. Churches, meeting rooms
2. Required parks, playfields and playgrounds
3. Essential governmental and public utility uses,
facilities, services and buildings
4. Other public and quasi-public uses not specified
VI INDUSTRIAL provided that such facilities are completely
enclosed and that no effects from noise, smoke, glare)
vibration, fumes or other environmental factors are
measurable at the property line.
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1- Research facilities A
2. ~esting laboratories A
3. Facilities for the manufacture, fabrication,
processing or assembly of products A
!J. Other similar uses S
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Any of the above uses causing more than 3,~00
square feet singly or cumulatively with other
above uses.
S
.VII INDUSTRIAL provided that such facilities are not de-
trimental to the public health) safety and welfare.
l. Extractive industries S
2. Research facilities S
3. Testing laboratories S
It . Facilities for the manufacture, fabrications,
processing or assembly of products S
5. Other similar uses P
6. Any of above uses singly or cumulatively with
,other such uses consuming more than 3)000 sq. ft. P
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VIII
UNSPECIFIED USES
, S
S
l. Accessory buildings and uses
2. Outdoor advertising signs
3. All development or activities in area of
State interest
It . Water crossing and diversion structures
S
S
IX
LEGAL NON-CONFORMING USES
See Section 7
of Pitkin County
Land Use Code
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SECOND DRAFT
Regulations for Areas Around the Airport
1041 Designations
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Planning Office
December, 1975
NOTE: These regulations have been drafted to be integrated with
Section 5, Areas and Activities of State and Local Interest of the
proposed Pitkin County Land Use Code, November 3, 1975.
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5.47 Areas Around Key Facilities
5.47.01
Applicability of Regulations
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These regulations shall apply to all ~nincorporated
lands of-Pitkin County as follows:
a. Areas Around Airports
1. The areas within Composite Noise Rating
Contours 100-115, and 115 and greater, as
shown on the 1992 Composite Noise Rating Con-
tour Map, Exhibit 8, Isbill Associates, 1974.
2. The areas within Critical Zones as shown on
the Airport Flight Hazard Zone and Critical
Zones Map, Planning Office, 1975.
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3. The areas within the Flight Hazard Zone as
shown on the Airport Flight Hazard Zone and
Critical Zones Map, Planning Office, 1975.
4. Airport height zones as determined by the
imaginary surfaces as shown on Obstruction
Vicinity Map, Part 77, Exhibit 2, Isbill
Associates, 1974, and
as further described by the following:
i Primary Surface. A surface longitudinally
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centered on a runway extending beyond each
end of that runway. The elevation of any
point on the primary surface is the same
as the elevation of the nearest point on
the runway centerline. The width of the
primary surface is 500 feet.
ii Runway Larger than Utility Visual Approach
Zone. Slopes upward twenty (20) feet
horizontally fo~ each foot vertically be-
ginning at the end of and at the same
elevation as the primary surface and
extending to a horizontal distance of
5,000 feet along the ext'ended runway
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centerline, with a lateral width of 1,500
feet.
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Runway Larger than Utility with a
Visibility Minimum Greater than 3/4
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Mile Non-Precision Instrument Approach
Zone. Slopes upward thirty four (34)
feet horizontally for each foot vertically
beginning at the end of and at the same
elevation as the primary surface and ex-
tending to a horizontal distance of
10,000 feet along the extended runway
centerline, with a lateral width of
3,500 feet.
iv Transitional Zone. Slopes upward and
outward seven (7) feet horizontally for
each foot vertically beginning at the
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sides of and at the same elevation as
the primary surface and the approach zones,
and extending to a height of 150 feet
above the airport elevation which is 7809
feet above mean sea level. In addition to
the foregoing) there are established height
limits sloping upward and outward seve~ (7)
feet horizontally for each foot vertically
beginning at the sides of and at the same
elevation as the approach zones, and ex-
tending to where they intersect with the
conical surface.
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v Horizontal Zone. One hundred and fifty
(150) feet above the airport elevation or
a height of 7809 feet above mean sea level.
vi Conical Zone. Slopes upward and outward
twenty (20) feet horizontally for each
foot vertically beginning at the periphery
of the horizontal zone and at one hundred and
fifty (150) feet above the airport elevation
and extending to a height of 350 feet
above the airport elevation.
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b. Areas Around Rapid or Mass Transit Terminals,
Stations, or Guideways.
(This section reserved for mass transit maps)
c. These areas are hereby designated and adopted
pursuant to Chapter 81, of the Session Laws of
1974, Cha~ter 80 of the Session Laws of 1974, and
Sections 30-28-111 and 30-28-115, C.R.S. 1973.
5.47.02
Policies and Guidelines for Administration
a. General - All Key Facilities
1. If the operation of a key facility would cause
a danger to public health and safety or to
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property, the area around such key facility
shall be administered so as to minimize such
danger. (HB 1041, 106-7-201 (4) (a)).
1
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2. Areas around key facilities shall be developed
in a manner that will discourage traffic
congestion, inc~mpatible uses, and expansion
of the demand for government services beyond
the reasonable capacity of the County to
provide such services as determined by Pitkin
County. Compatibility with non-motorized
traffic shall be encouraged. A development
that imposes burdens or deprivation on the
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90mmunities of a region cannot be justified
on the basis of local benefit alone. (HB 1041,
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106-7-201 (4) (b)).
b. Airports
1. Areas around airports shall be administered so
as to:
i Encourage land use patterns for housing
and other local government needs that will
separate uncontrollable noise sources from
residential and other noise-sensitive areas.
(HB 1041, 106-7-201 (5) (a) (I)).
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or to property due to aircraft crashes.
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Avoid danger to public health and safety
(HB 1041, 106-7-201 (5) (a) (I)).
2. Any use which is allowed by right or by
special review in the underlying zone district
shall be permitted by special review in an
adopted airport area subject to the policies
and guidelines specified in Section 5.47.02
a and b.
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3.
Navigational Restrictions
Notwithstanding any other provisions of this
regulation, no use may be made, or activity
carried on on a~y land or water located within
any area established by Sections 5.47.01 a.
1 - 3 of this regulation in such a manner
as to:
i create electrical interference with nav-
igational signals or radio communication
between the airport and aircraft;
11 make it difficult for pilots to distinguish
between airport lights and other lighting;
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result in glare in the eyes of pilots using
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the airport;
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iv impair visibility in the vicinity of the
airport; or
v otherwise in any way create a hazard or
endanger the landing, takeoff, or man-
euvering of aircraft intending to use
the airport.
~. Guidelines pertaining ,to areas within com-
posite noise rating contour 115 and greater
only.
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All uses shall be prohibited except public
and airport bui~dings, argiculture (not
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livestock or poultry farming):
certain
open space uses such as golf courses,
cemeteries and riding stables, may be per-
mitted by special review subject to the
noise considerations listed in sub-section
5 below.
5. Guildines pertaining to composite noise
rating contour 100 - 115 only.
Schools, churches, hospitals, libraries, aud-
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itoriums, outdoor amphitheaters and concert
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halls shall be prohibited. Open space
allowed by right. Applications for all other
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recreational and agricultural uses shall be
uses shall show that construction techniques
for buildings intended for human occupancy
in the proposed development will give 10 d
B extra noise reduction over the industry
average for such structures or other suitable
evidence that noise annoyance can be mitigated.
Such evidence may include an avigation easement
granting the right of flight over the land, to-
gether with the right to cause noise, vibrations,
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smoke, fumes, glare, dust, fuel particle~ and
all other effects of aircraft operation,
6.
Guidelines pertaining to critical zones only.
Any use permitted by special review shall
specifically show that the development or
activity is not subject to hazard due to air-
craft take-off and landing.
7. Guidelines pertaining to flight hazard area&
only. Schools, churches, hospitals and libraries
shall be prohibited. Open space recreational
and agricultural uses may be permitted by right
upon a finding by the Building Inspector that the
use conforms with any other applicable regulations
I
of this Section 5.Q7.02.
Any other use may be
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permitted by special review provided the use
complies with the guidelines of 5.47.02 a. and
b. The permit may be conditioned on the grant-
ing of an avigation easement or on the demon-
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to
stration that the use poses no significant
threat to public health and pafety or to pro-
perty or that insurance is available for the
development.
8. Guidelines pertaining to height zones only,
Before any structure is permitted to be erected;
altered, maintained or allowed to grow above
the imaginary surfaces established by Section
5.47,01 a. 4, a Notice of Construction or
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Alteration shall be filed with the Federal
Aviation Administration for a determination of
hazardous or non-hazardous conditions and of
effect on the airport operational Rules and
Regulations. The Board shall not approve any
such development until after receipt of the
FAA recommendation.
9. In considering any special review use pursuant
to this Section, the Board shall take into
consideration the proposed location of the
development within any critical zone, the
frequency of flights in any critical or flight
hazard zone, and whether and what type of
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soundproofing techniques will be used in any
noise zone,
10. Any use within a designated and adopted air-
port area shall comply with any other applicable
regulations of Section 5.
5.117,03
Procedures for Review
a. Any application for a permit for development in an
area around a key facility except those exempted in
Section 5.47.02 shall be reviewed in accordance with
the requirements and procedures for a special review
I
use in Section 6.03, General Submission, except that
such application shall comply with any additional
requirement of this PART FOUR OF SECTION 5.
b. Appropriate Referral Agencies shall include but not
be limited to: The Federal Aviation Administration,
the Colorado Division of Planning, the consultant firm
Greg Isbill and Associates, the County Engineer, the
County Transportation ptrector, the County Manager,
Howard R. Ross Associates, the Colorado Division of
.Highways, the Colorado Public Utilities Commission,
Colorado Ute Electric Company, Rocky Mountain Natural
Gas Company and the Planning Office.
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5.47.04
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Submission Requirements
a. Any applicable submission contents for a special
review use application specified in Section 6.03.02.
The requirements of this Section may be combined
with the requirements of Section 6.03. and need
not be duplicated.
b. If applicable, 'the 1041 Permit Application Form.
c. A map or maps showing the location, nature and
density of the proposed development or land use
change. Such maps shall be sufficiently detailed
to meet the objectives of this Sec~ion but in any
case shall be no less than III = 500'. Such maps
shall specifically show the development in relation
to the adopted area and shall show any significant
natural and man-made features of the site and sur-
rounding areas.
d. A discussion of the proposed development and how
it would meet the Policies and Guidelines of
Section 5.47.02.
Where applicable, the submission shall also include:
e. The location of existing or proposed airport fac-
ilities including towers, lights, terminals, hangers,
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aprons, parking areas and runways.
f. The location and elevation of existing and proposed
streets, highways, transit routes, and fixed transit
lines within or directly adjacent to the adopted air-
por.t areas.
g. The contours of the ground and elevation of existing
and proposed structures.
h. Specifications for building and construction materials
noting any special measures for soundproofing or
insulation.
I
i, A traffic impact survey detailing the effect of the
development on traffic congestion and airport access
and upon non-motorized traffic.
j. Evidence of the frequency of aircraft flights over
the proposed site.
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DEFINITIONS PERTAINING TO MATTERS OF STATE INTEREST
"Matter of State Interest"
f'
An area of state interest or an activity of state interest or both.
NATURAL HAZARD DEFINITIONS
. ~.,.. -... - -
"Aspect"
The cardinal direction the land surface faces, characterized by north-facing
slopes generally having heavier vegetation cover.
"Avalanche"
A mass of snow or ice and other material which may become incorporated therein
as such mass moves rapidly down a mountain slope.
"Corrosive soil"
Soil which contains soluble salts which may produce serious detrimental effects
in concrete"metal, or other substances that are in contact with such soil.
,-
"Debris-fan floodplain"
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A floodplain 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 floodplain"
A small watershed with a very high percentage of runoff after torrential rainfall.
"Expansive soil and rock"
Soil and rock which contains clay and which expands to a significant degree upon
wetting and shrinks upon drying.
"Floodplain"
An area adjacent to a stream, which area is subject to flooding
the occurrence of an intermediate regional flood and which area
to past, current, or foreseeable construction or land use as to
significant hazard to public health and safety or to property.
but is not limited to:
as the result of
thus is so adverse
constitute a
The term includes
a. Mainstream floodplains;
b. Debris-fan floodplains, and
c. Dry wash channels and dry wash floodplains.
"Geologic hazard"
A geologic phenomenon which is so adverse to past, current or foreseeable con-
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struction 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:
a. Avalanches, landslides, rock falls, mudflows, and unstable or potentially
unstable slopes;
b. Seismic effects;
c. Radioactivity, and
d. Ground subsidence.
"Geologic Hazard Area"
An area which contains or is directly affected by a geologic hazard.
"Ground subsidence"
A process characterized by the downward displacement of surface material caused
by natural phenomena such as removal of underground fluids, natural consolidation,
or dissolution of underground minerals or by man-made phenomena such as under-
ground mining.
"Mainstream floodplain"
An area adjacent to a perennial stream that is subject to periodic flooding.
I
"Mudflow"
The downward movement of mud in a mountain watershed because of peculiar character-
istics of extremely high sediment yield and occasional high runoff.
"Natural hazard"
A geologic hazard, a wildfire hazard or a flood.
"Natural hazard area"
An area containing or directly affected by a natural hazard.
"Radioactivity"
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"
Direct and indirect effects caused by an earthquake or an underground nuclear
detonation.
"Siltation"
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"
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The gradient of the ground surface which is definable by degree or percent.
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"Unstable or potentially unstable slope"
An area susceptible to a landslide, a mudf10w, a rock fall, or accelerated
~reep of slope-forming materials.
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"Wildfire behavior"
The predictable action of a wildfire under given conditions of slope, aspect.
and weather.
"Wildfire hazard"
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:
a. Slope and aspect;
b. Wildfire behavior characteristics, and
c. Existing vegetation types.
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"Wildfire hazard area"
An area containing or directly affected by a wildfire hazard.
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OTHER AREAS AND ACTIVITIES OF STATE INTEREST
v
"Airport"
Any municipal or county airport or airport under the jurisdiction of an airport
authority.
"Area around a key facility"
Anarea immediately and directly affected by a key facility.
"Arterial highway"
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.
"Collector highway"
A major thoroughfare 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
include a city street or local service road or a county road designed for local
service and constructed under the supervision of local government.
"Domestic water and sewage treatment"
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A wastewater treatment plant, water treatment plant, or water supply system, as
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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.
"Historical or archaeological resources of statewide importance"
Resources which have been officially included in the national register of his-
toric places, designated by statute, or included in an established list of
places compiled by the state historical society.
"Key facilities"
a. Airports;
b. Major facilities of a public utility;
c. Interchanges involving arterial highways;
d. Rapid or mass transit terminals, stations and fixed guideways,
"Major facilities of a public utility"
a. Central office buildings of telephone utilities;
b. Transmission lines, power plants, and substations of electrical
'utilities, and
c. Pipelines and storage areas of utilities providing natural gas or
other petroleum derivatives.
I
"Mass Transit"
A coordinated system of transit modes providing transportation for use by the
general public.
"Mineral"
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 compound, a chemical, an
energy source, a raw material for manufacturing, or construction material. This
definition does not include surface or ground water subject to appropriation for
domestic, agricultural, or industrial purp~ses, nor does it include geothermal
resources.
"Mineral resource area"
An area in which minerals are located in sufficient concentration in veins, de-
posits, 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 development is planned or in pr~gress, or mineral
rights are held by mineral patent or valid mining claim with the intention of
mining.
"Natural resources of statewide importance"
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Limited to shorelands of major publicly-owned reservoirs and significant wild-
life 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.
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"New communities"
The major revitalization of existing municipalities or the establishment of
urbanized growth centers in unincorporated areas.
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"Rapid transit"
The element of a mass transit system involving a mechanical conveyance on an
exclusive lane or guideway constructed solely for that purpose.
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