Citation
Managing rural growth : land use regulations and the rural Colorado town

Material Information

Title:
Managing rural growth : land use regulations and the rural Colorado town
Creator:
Roberts, Mary J.
Place of Publication:
Denver, CO
Publisher:
University of Colorado Denver
Publication Date:
Language:
English

Thesis/Dissertation Information

Degree:
Master's ( Master of urban and regional planning)
Degree Grantor:
University of Colorado Denver
Degree Divisions:
College of Architecture and Planning, CU Denver
Degree Disciplines:
Urban and regional planning

Record Information

Source Institution:
University of Colorado Denver
Holding Location:
Auraria Library
Rights Management:
Copyright Mary J. Roberts. Permission granted to University of Colorado Denver to digitize and display this item for non-profit research and educational purposes. Any reuse of this item in excess of fair use or other copyright exemptions requires permission of the copyright holder.

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Full Text
ENVIRONMENTAL DESIGN AURARiA LIBRARY
MURP STUDENT THESIS
Mary J. Roberts Spring 1980
MANAGING
\
RURAL GROWTH

LAND USE REGULATIONS AND THExFUJRAL COLORADO TOWN
rv,


B.S.
)
MANAGING RURAL GROWTH:
Land Use Regulations the Rural Colorado by
Mary J. Roberts Illinois State University, 1975
n
A thesis (Studio 3) submitted in partial fulfillment of the Requirements for the degree of Masters of Urban and Regional Planning/ Community Development, College of Environmental Design, University of Colorado at Denver May 1980


DEDICATION
This project is dedicated to everyone who helped make
it possible.
«
I especially wish to thank Herb Smith, my advisor, whose patience and advice was always outstanding; the Pits Crew (Martin, Kristan, Peter, and Ronna) and Mark Murphy, who keep CD and good times alive and well at UCD; and, most of all, Bill who supported me through thick and thin and managed to keep me laughing through it all. Thanks!
A heartfelt thanks also goes to Mike Fuller for taking time out of his busy schedule to design and sketch the artwork for the cover.


TABLE OF CONTENTS
CHAPTER PAGE
1. INTRODUCTION ................................................. 1
Purpose of the Project
2. THE CASE STUDY................................................ 7
A Rural Community’s Dilemma
3. COLORADO LAND USE CONTROL ENABLING
LEGISLATION.................................................25
The Basis for Municipal Power in Land Use Regulation
4. LAND USE REGULATIONS..........................................39
Eeny, Meeny, Miny, Moe, Which Control Will Solve Our Woes?
5. PUTTING IT ALL TOGETHER.......................................56
How the Controls Can Achieve Community Goals
6. RECOMMENDATIONS...............................................69
7. CONCLUSIONS...................................................76
Land Use Regulations and Growth Management — Why It’s Not Working
BIBLIOGRAPHY ...................................................... 88
APPENDIX...........................................................91
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2
The impetus for this thesis began with an inter-disciplinary planning study called the Roaring Fork-Frying Pan Study. This project was sponsored jointly by the Kellogg Foundation, a private foundation, and the University of Colorado at Denver, College of Environmental Design. It was a first step in developing a working relationship among the schools of planning, architecture and landscape architecture. More importantly, it was a major effort by the University to offer its resources to educate, work with, and help a town to accommodate growth and encourage its residents to take an active role in determining their future. With that project, the idea of the planner as a facilitator of decision making consciousness-raising,
good planning that works, the citizenry need to be well informed and knowledgeable about the issues they face and their solutions'* To be accepted and used, planning must be a tool by which citizens can identify problems, issues, and needs and development solutions to them. This in turn facilitates the growth of a community spirit and the willingness to work together to solve problems. Planning used in conjunction with an educational process enables residents to make intelligent choices about current issues and future directions. Thus, citizen education, input, and reaction can be an effective planning toe
A major step to create this attitude is to familiarize residents
and consensus totally
very strongly that to have
with planning concepts and jargon. This phase of the educational process is addressed herein by analyzing land use regulation, its


3
basis and the various techniques used to manage growth. As the major means of effectuating a plan, land use regulations and how to use them are vital links to get from talk to action. Local residents need to know and understand what methods are available to achieve their goals and objectives.
This document is intended to be used as a guide for rural municipalities in choosing what type of land use control system a town should enact to deal with rural growth issues. The information contained herein analyzes the hows and whys of land use regulation: how it comes into being; where its power originates; and its purpose. The objective of this approach is to directly aid small town efforts to manage growth in conjunction with their goals.
One purpose of this project is to be a reference source for rural towns. This report will describe and analyze the various land use regulatory devices available, their basis in Colorado law, and the purposes for which those techniques are used. The application of these regulations will be analyzed against a case study of a rural Colorado community facing some growth pressures. Thus, the pitfall of designing a model ordinance or growth management system which local government might adopt without modifying it to address their individual needs is avoided. Rather, the approach requires communities to think about what their needs are, what issues they face, and then choose which land use controls are best suited for their situ-
ation.


4
The overall purpose of the project is to define at least one system of land use control which will be effective in small towns facing some growth pressures. The approach used is to analyze local government authority under Colorado enabling legislation to regulate land use and examine alternative systems of land use control and growth management. The purpose of each regulation or system is analyzed, and positive or negative impacts are examined. Recommendations are then made as to which controls are considered best for use in rural towns.
The methodology used to accomplish this encompasses research of the planning literature, personal contact with professionals and land use experts, as well as lay persons' reactions to the various land use control methods examined. Staff and officials at State, county, local, and area Council of Governments were contacted for information and comment on the Project. Officials contacted included members of the Front Range Commission Coordinating Committee and staff; planning staff of Eagle, Pitkin, Boulder, Summit, and Gunnison Counties in Colorado and Bucks County, Pennsylvania; local officials and planning staff in the towns of Breckenridge, Basalt, Jamestown, Aspen, Carbon-dale, Eagle, and Glenwood Springs; and professional staff with the Northwest Colorado Council of Governments and the Denver Regional Council of Governments. Information and comment was also solicited from local professionals and educators, including professors with the planning school at the University of Colorado at Denver, local land use lawyers, private consulting girms of THK, Inc. and RSWA,


5
Inc—Denver, the Colorado Municipal League, Colorado Counties, Inc., the Center for Community Development and Design, and the Colorado Chapter of the American Planning Association. These people and organizations were also contacted regarding land use control methods legal in Colorado as were the American Planning Association, the Planning Advisory Service, The Department of Housing and Urban Development, the Colorado Division of Local Affairs, and the Colorado Land Use Commission■
It should be noted that time restraints on the project made it possible to contact only those sources able to give the most complete and useful information on the subject under study. It is recognized that there may be a few stones left unturned. However, the resources called upon have covered the information necessary to make an analysis applicable for Colorado municipalities.
The process used in this project was analysis of the information and application to a given situation. The first step in this methodology was to define the parameters of the case study, Basalt,
future pressures on the town with the local attitudes into the needs
analysis of Colorado enabling legislation authorizing municipalities to enact land use regulations. It is with this information that the educational process previously described comes into play. The Roaring Fork-Frying Pan Study started the delineation of Basalt's
Colorado. This included synthesizing the existing conditions and y

issues and goals of the community. The next step was research and
issues and goals. The next step was to determine the power base a


6
municipality has to meet those goals. Informing the citizenry about local government authority to regulate land use helps to increase their awareness that zoning is just one of a variety of tools allowed under Colorado legislation. In the context of this project, the educational process was facilitated by presenting this information to the Basalt Planning and Zoning Commission meetings in January, February, and March, 1980.
From this point specific techniques of land use regulation were investigated. Information on the enabling legislation propagated
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questions as to what kinds of controls were actually allowable in Colorado, their relationship to zoning, and what other towns are VL«{r.
using. This research focused on the definition of each land use control and its purpose, and was then presented to the Basalt Planning and Zoning Commission and the general public/ Town meetings and television interviews were used to publicize this information and gain citizen reaction to land use regulations.
The final step in the process was to determine which techniques could be combined to best meet the rural situation, as demonstrated by the case study. This determination was based on considering only those controls addressing the specific goals of the case study town which could be effectively melded into a regulatory scheme, and easily administered in the small town setting without a great deal
of expense and staff.


THE CASE STUDY
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7


8
Providing an example of the situation in a specific municipality is a useful teaching tool for analysis. A situation is presented with specific factors and their consequences. The student is then asked to analyze a similar situation by determining the impacts of various sets of actions. The case study is designed to offer a similar exercise for other localities. A rural town with a given set of issues and needs is described. Various land use regulations are applied to that situation to determine which ones will most effectively deal with the identified problems. It is the process of determining the impact or result of different regulations which is important for other communities to grasp and use. It is hoped that in this way other municipalities will be able to analyze and apply land use controls to effectively meet their individual needs and issues.
Another factor in presenting a "real-life" case study is that in my experiences working with townspeople and officials, they relate very well to the issues and solutions in other areas. This comparison, or contrast, with another situation offers a concrete example that people can easily grasp. It is more believable than a purely theoretical example. The case study approach tries to relate technical analysis to real-life problems in such a way that lay persons can understand why a particular land use regulation may work
i
better to solve certain problems than another.
Finally, why was the Basalt community chosen? Admittedly, the choice was partially selfish, since I had worked closely with the town on the Roaring Fork-Frying Pan Study and therefore am very


9
familiar with its problems. More realistically, Basalt is in desperate need of some technical planning assistance, but does not have the tax revenues to support it. The Planning and Zoning Commission constantly complains about the town's zoning ordinance. In asking myself why, I came to the conclusion that it was due in large part to the fact that the commissioners just do not know enough about zoning, much less its alternatives, to know what they need to do to make their ordinance work. This, combined with Basalt's political, economical, and social situation makes this town an excellent case study for the purposes of this report.
Located on Colorado's western slope at the confluence of the Roaring Fork and Frying Pan Rivers, Basalt is in a truly beautiful setting. While it lies in the political jurisdiction of Eagle County, it is physically separated from the majority of that county by a range of mountains. It is expanding into the political jurisdiction of Pitkin County, with a newly developing 80 acres in that county annexed to town. Its geographical location gives the town alliances with the towns of Carbondale, in Garfield County, and Aspen, in Pitkin County. The growth of the ski industry in Pitkin County and the mining industry in Garfield County is rapidly changing a valley once devoted to agriculture and range land. Basalt is smack dab in the middle of a developing valley; development caused by the expansion of both mining and the ski industry. Now the watchword of the Roaring Fork Valley is housing. The open valley floor is being overrun by large-lot single family ranchettes, with their ensuing rural
sprawl.


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11
Pitkin County's solution to this prospect has been to institute a limited growth policy restricting the number of building permits issued in a year. As is often the case with such controls, demand has exceeded the number of permits allotted. Restricting the housing market in this way has increased housing costs throughout that county. Basalt, just 20 miles northwest of Aspen, and Eagle County both have less strict land use policies. The housing market and many of the people employed in Aspen have moved to where their demands for housing are not restricted; namely, Basalt. Thus, pressures for housing in Basalt are due to a large extent to the strict building regulations of its famous (or infamous) neighbor.
The housing crunch is only one of the many issues faced in Basalt. The best way to determine those other issues is to look at the attitudes of the residents about the town and planning. The information regarding citizen attitudes was extracted from a town survey conducted by the town of Basalt in June, 1979.^ A copy of the survey is included in the appendix of this report.
Of those responding to the survey, Basalt's size, location, and climate were considered to be the number one assets of the community. Additional growth was viewed as undesirable, although some respondents did indicate that growth would be beneficial to the community. However, public meetings held throughout the summer of 1979 by the Roaring Fork-Frying Pan Study revealed that Basalt residents are by no means anti-growth, and would not favor policies similar to those used in Pitkin County to control or discourage new development. This


12
general attitude, true for many small rural areas, reflects a fear of change, wrecking a good thing, with an underlying belief in the free-enterprise system and individual rights. What is being expressed is "We don't want the boat rocked, but we don't want government telling us what to do with our land!"
Another area of concern for many communities is the provision
3
of adequate services and utilities. In the case of Basalt, there is a municipal sanitation and water system, each operated under separate special districts. Those responding to the survey strongly indicated that they do not want to have their cost for services increased. The response was also very strong in favor of developers paying for the cost of expanding, improving, or providing services to new development.
A hot issue in Basalt was the need for parks and recreation.
The survey responses indicate a high desire for better parks and the provision of recreational facilities and programs for Basalt residents.
In response to questions regarding the need for industry in Basalt, the survey results indicate residents would like to see more job opportunities in Basalt, but that the perceived need for industry is low. Forty-eight percent of the residents felt light and clean industry would be acceptable for the town. Additionally, it was felt that industry would be more desirable if it would definitely employ Basalt residents. In terms of commercial expansion, entertainment establishments and clothing stores received the highest


13
response as most needed in the town, (73% and 70% of the responses, respectively). The only form of entertainment provided in town now are bars with live music. Basalt's commercial core currently consists of a bank, grocery store, a sporting goods store, bakery, drugstore, five restaurants, a hardware auto store, an antique store, two motels, and miscellaneous small shops. Survey results indicate these establishments need to be supplemented to better serve the daily needs of area residents as well as provide some luxury items to satisfy their discretionary spending desires.
On environmental issues, there was a strong response in favor
of controls designed to protect and preserve the environment. The
majority of respondents favored riverside and scenic protection and
controls on construction in environmentally sensitive areas. A
greenbelt program was also highly favored. The author has found that
4
the feeling for the environment is very strong in rural areas.
This feeling does not mean that development should be totally prevented on environmentally sensitive areas, but reflects the desire to preserve the environment from irrevocable damage. It is a difficult dichotomy to overcome, but it is possible to deal with both these issues, without conflict, with the proper land use controls.
Housing issues, a major concern from the planning perspective, were not directly addressed by the survey. The survey information on this subject reveals that the majority of the respondents live in single-family units, and almost one quarter live in mobile homes. Housing payments ranged from $100 to $500 per month, with the value


14
of homes estimted to be between $70,000 and $150,000. New housing
/
considered desirable was single family (61%) , middle income (33%), low income (29%), and townhomes and condominiums (20%). This response does not show an awareness by residents about the cost of housing in relation to income. In Basalt, an unimproved lot costs about $35,000."* Thus, the base price of any new home will include that figure plus the cost of improvements plus actual construction.
The average income for Basalt residents is projected to be $15,000, which does not qualify a home buyer for a home mortgage in the Basalt market.^ The perceived value of homes is accurate, but the affordability of such homes is not. The question remains, how can people in the $15,000 income level be accommodated in a housing market which well exceeds the living means of the average citizen of the area. This kind of problem is not unique to Basalt. It is happening throughout the State in both large and small communities. It is exacerbated in Basalt, and the entire Roaring Fork Valley, due to the economy of the area, tourism and service industries. Wages in these professions just are not sufficient to meet the living expenses of the area. The result is a high demand for housing and the potential for overcrowding of existing housing so people can afford the rents.
One other noteworthy result of the survey was the response to questions about planning and zoning. Overwhelmingly, respondents felt land use planning and citizen participation in planning are both important. This indicates people are interested in their community


15
and may be willing to put some effort into shaping a better one. Most people do want to keep their town nice. One purpose of planning is to help bring some consensus about what community attributes are valued, and how to achieve those qualities.
To summarize, the major issues in Basalt, as indicated by this survey and public meetings held throughout the months of June, July and August, 1979, are:
Growth
The attitude is one of "let's hide our heads in the sand and maybe it will pass us by." An increase in population is not wanted, but it is happening. The jolt for Basalt has been the start of construction on an 80 acre Planned Unit Development which will ultimately triple the size of the town.
Housing
The old American Dream syndrome of owning a piece of land and a home dies hard in the American West. Preferences are for singlefamily detached homes, but economics are making that type of dwelling more and more costly. Environmental and energy considerations may make the single family home obsolete. The question becomes how can the community satisfy the aesthetic, spatial, and energy demands of a growing population. An additional problem in Basalt is caused by the economics of their housing market. Middle income people cannot afford the available housing. The need for a variety of housing types is recognized by many residents to meet the


16
needs of the average person, and also to preserve the character and vitality of the community.^ What housing alternatives are feasible and how they can be encouraged need to be addressed by the town.
Economics
This raises the issue of whether or not Basalt can even support
i
an increase in services and utilities for new development. The economic base of the community is weak. There are no major industries to provide the town with tax revenues, except for the sales tax generated by local retail sales. The concern here is what priorities must be met by the municipal budget for the town to survive. That is, the cost of expanding any services (i.e., police, fire protection, snow removal, street and park construction and maintenance, etc.) must be compared to the revenues generated by new development, but not that new development is undesirable.
The expressed need for job opportunities and in-town diversions are also factors in the economic development of the area. Here the issues are what kind of jobs, where they should be located, and what type of entertainment and where it should be located. Light industry in town may raise the revenues, help limit the number of people who commute, and help to balance the community. However, Basalt officials realize the position of the town as a bedroom community serving Aspen. It has been expressed that this may be Basalt's primary function, and the issue which should be addressed. This brings us back to the housing issue and how to provide affordable dwellings.


17
Services
The concern about services relates to the town's economic situation. The major issue is whether or not the town can pay for additional utilities and facilities. Related to this is how willing residents are to pay more for services. The attitude expressed by the survey results is overwhelmingly in favor of making the developer pay for the cost of service and utilities expansion as well as for parks and landscaping. The danger is these all add to the cost of development, increasing the cost to the consumer. Reciprocal concessions from the town for such amenities can alleviate some of the cost from being passed on, but the more demands made on the developer, the less desirable it is to build there. The question is, then, how can the town balance the cost of providing services to new development with the benefits accrued from that development.
Environment
The main areas of concern are the natural and man-made environments. The protection of environmentally sensitive areas should be addressed by the town. Basalt's location in a mountainous setting may warrant regulation of development in environmentally hazardous
areas such as flood plains, steep slopes, wildlife habitats, wild-
9
fire areas, avalanche areas, and landslide potential areas. The survey results do reflect some concern for the environment and the preservation of the rural feeling of the area. However, residents also have the underlying philosophy that private land is a commodity which is developable by right, regardless of the impact on the


18
environment. The question becomes how can environmental protection be implemented and still permit development to occur?
The man-made environment to be considered is the historic nature of Basalt and the preservation of the small town rural atmosphere. There are some historic sites which are of significance to the character of Basalt. One is a row of beautiful coke ovens used to extract the coke from coal being shipped on the old Midland Railroad. The western atmosphere of downtown Basalt also adds to the character of the community. The Bank of the Basalt is located in the old Midland Railroad Station House. The building has been restored in the "old west" tradition, preserving the western facade of the downtown. A modern structure has been built to house the town offices, but it also adds to the variety of the town and does not clash with the older buildings of the commercial core. The concerns here are historic preservation and the maintenance of the character of the town. If change happens, and it always does, how can Basalt protect and preserve its heritage and rural character?
From this analysis emerge the goals of Basalt:
I. Housing
-To provide for affordable and diverse housing types to accommodate people in all income ranges.
-To encourage the rehabilitation and renovation of the existing housing stock.
-To encourage housing which is compatible with the environmental concerns of the community.
II. The Economy and Services
-To encourage increased business opportunities.


19
-To encourage light industrial activity in the area, to increase the job market.
-To maintain the tax base of the town.
-To ensure the provision of adequate utilities and services to all residents.
III. The Environment—Man-Made
-To preserve the historic aspects of the community.
-To maintain the rural character of the area.
-To encourage the creation of an open space greenbelt around the municipality.
IV. The Environment—Natural
-To preserve and protect environmentally sensitive and/or hazardous areas.
-To preserve and protect riverside ecology.
-To promote the preservation of open space.
V. Parks and Recreation
-To provide and develop parks to serve the reci'eational needs of all age groups.
VI. Community Growth
—To encourage growth and new development in a manner which compliments and enhances the character of the town.
-To provide for a variety of growth to serve a diverse population.
-To preserve and maintain the compact nature of the town.
-To encourage development which positively addresses the goals and needs of the community.
Basalt's land use pattern services to further illustrate its problems. The land use and zoning maps on the following pages show Basalt is almost exclusively single-family residential. The only


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TOWN OF BASALT


22
provision for multi-family dwellings is included in the mobile home district. Despite this restriction, single-family residences are being converted to and used as duplexes. This is happening without prior approval from the Zoning Board of Adjustments. Town officials, recognizing the need for additional housing, have not enforced the zoning ordinance, which would prevent these conversions."^ The net result is higher density, greater demands on water, sewer, and other public services, without a concomitant increase in tax revenues to pay for the increased usage of these services. Since the land use is officially single-family, the assessment of land value is at the single-family rate. These revenues are in actuality supporting multi-family density and demands. Unless taxes are very high, single family revenues cannot support the service demands of high density housing. Essentially, the tax base of the town is slowly being eroded. The taxes currently generated may not be adequate to maintain the current standard of services and utilities, much less expand or improve them.
Basalt's zoning ordinance has not been revised to meet the new demands being placed on the community. Town officials recognize the need for housing but have undermined the effectiveness of their zoning ordinance to such an extent that it is now unenforceable.
With the goals and problems of the case study outlined, the question now becomes what can a local government even begin to do to deal with growth. To answer this, one needs to first examine the legal basis for growth management and land use regulation in


Colorado. The next chapter analyzes the major pieces of Colorado
enabling legislation on this subject.


24
Footnotes
^Household Opinion Survey, Town of Basalt, June, 1979 (available from the Town of Basalt.
2
This attitude was prevalent in the Jamestown Planning study I worked on Fall-Spring 1979-1980 and the Roaring Fork-Frying Pan study, June-September, 1979. Conversations with Mark Murphy, Small Towns Coordinator, Center for Community Development and Design, held throughout September-December 1979 also support this observation.
3
See Footnote 2, above.
4
See Footnote 2, above; interview with Ann Moss, Landscape Architect, RSWA, Inc.-Denver, Denver, Colorado, March 11, 1980.
"’Donnelly, Tom et al., The Roaring Fork-Frying Pan Study, a report by the Western Colorado Rural Communities Program, Colorado Mountain College, the University of Colorado at Denver, and the Town of Basalt, August, 1979, p. 46.
6Ibid.
^Basalt Planning and Zoning Commission Meeting, Basalt, Colorado, March 6, 1980.
^Donnelly, pp. 25-29.
'^Basalt Planning and Zoning Commission Meeting, Basalt, Colorado, March 6, 1980.


COLORADO
LAND USE CONTROL ENABLING LEGISLATION
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26
Before examining what a municipality can do to address its specific problems and anticipated growth, it must know under what restrictions it may be operating. Government officials and staff should understand the scope of local governmental authority to manage growth. The place to begin is with the origins of local government authority and power.
Local government controls land use and related areas under the police power authority of the state. Police power enables government to reasonably regulate individual rights and property to protect the public health, safety and welfare. To ensure the reasonableness of governmental action this must be exercised within the due process of law. Police power is delegated by the State to local government in the form of "enabling legislation." This legislation specifies the authority local entities have to undertake certain actions.
Cities and towns so governed are called "statutory" cities.
In Colorado residents of a town may decide to adopt a "home-rule" charter. This type of charter allows the city to do anything which is not expressly prohibited by the state. These governments are not subject to the limitations of municipal enabling legislation.
The case study, Basalt, is under a statutory charter, as are many rural communities. Some home-rule cities also follow the enabling legislation to avoid conflicts with the State and challenges to their regulations. Thus, this is a good base from which to determine the legal options available to local government for land use regulation and growth management.


27
Enabling legislation defines the extent of a city's or town's power to implement and enforce land management policies. The Acts examined herein deal specifically with land use regulation. Only the major pieces of legislation have been analyzed to give a general overview of the working guidelines for Colorado municipalities. The chart on the following pages lists the major pieces of legislation, their purpose, and what they authorize.


LEGISLATION:
PURPOSE
POWERS
AUTHORIZED:
PITFALLS
MISC.
HISTORY
COLORADO LAND USE CONTROL ENABLING LEGISLATION
ZONING, CRS, 1973, 31-23-302
28
The intent of zoning enabling legislation is to provide local government with a specific means to control and regulate land use in the best interest of the public health, welfare, and safety. Zoning is explicitly intended to act affirmatively for the promotion of the public welfare.^ attempts to balance individual rights with community welfare.
The method authorized by this act is to divide the community into specific districts, in which certain uses are allowed or prohibited, and to regulate land use and structures within the districts.
The explicit purposes of allowing this type of regulation are:
1) To lessen congestion in the streets;
2) secure safety from fire, panic, floodwaters, and other dangers;
3) to promote health and general welfare;
4) provide adequate light and air;
5) to prevent overcrowding of the land;
6) to avoid undue concentration of population;
7) to facilitate adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and
8) . . . are to consider the character of the district, conservation of the value of buildings, and appropriate use of land throughout the municipality.2
Court rulings have held the legitimate purposes of zoning to be to "attain stability of land use in developed areas, . . . guide future land development in vacant or developing areas; and maintain a rural environment" where appropriate.3
Colorado legislation also specifies the procedures for adopting a zoning ordinance,^ and the mandatory creation of a Board of Adjustment once an ordinance is enacted.5 This body functions to provide administrative interpretation of the ordinance and relief from undue hardship from strict application of the ordinance.
The powers delegated by this legislation are to control land use and structures through the division of a municipality into districts of specific land use categories and the regulation of land.and structures within those districts. Towns are authorized to establish districts such as residential, commercial, or industrial in which only those specific land uses arc allowed, or districts can be established which allow compatible land uses to coexist. The districts are, in theory, designed to functionally segregate incompatible land uses from one another. Thus, only the same or similar land uses should be permitted within any given district. Additional regulations can be included in the guidelines for each district, i.e., size of structures, building setbacks, height rest sections, density, etc.
The criticisms of zoning are fairly general, attacking its basic concept. The pitfalls of zoning, in general, are:
1) it is inflexible and does not respond to changing needs and attitudes;
2) it is a static control over the land; it tries to predict and cast in concrete the future land use of the community—an extremely difficult task in a free-market economy;
3) it is used to maintain the status quo, inhibiting change for the worse as well as change for the good;
4) when applied to large scale developments or new communities it does not allow than to be developed as integrated communities.6
Zoning is not mandatory; it is not something a municipality must undertake. However, the consequence of no zoning is very limited regulation of land use and little control over what type of development happens where. Zoning can legitimately be used to encourage the direction and type of growth, thus changing or revitalizing certain areas of the community. But without it, there is little direct action government can take to influence growth. (Note: The passage of House Bill 1041 and House Bill 1034 may have negated the alternative of "no zoning" to zoning by delegating authority to regulate land by other means. Both are discussed later in this chart.)
Zoning originates from nuisance ordinances developed in the late 1800s.
It is the first attempt to use a comprehensive approach to land use regulation. Its basis is in the principle of separating uses to avoid conflicts and hazards which endanger the lives and property of residents of a community.


29
LEGISLATION:
PURPOSE:
POWERS
AUTHORIZED:
PITFALLS:
MISC. HISTORY:
SUBDIVISION REGULATIONS, Cities and Towns, CRS 1973 31-23-212
The intent of subdivision legislation is to provide municipalities with a specific method of controlling new development and re-development of land. This legislation establishes standards, guidelines, and procedures for the division of any parcel of land into lots and blocks for sale and the identification of streets, easements and other land intended to b dedicated for public use. It is also designed to ensure that established areas are not overwhelmed by new development and that it will coincide with the goals of the community without being a burden and expensive to maintain. Additionally, subdivision regulation is used to enforce the adequate provision of utility and water service, street circulation and access, and open space within new development. This legislation allows established municipalities to deal directly with new development. It is used to prevent leap-frog development in rural areas and expanding areas.^
This legislation authorizes municipalities to regulate the conversion of open land to developed land so that it coherently blends with existing development. It allows for the regulation of physical amenities such as street width and grade, circulation patterns, utility services, etc. The powers delegated by Colorado legislation include regulations providing for
the proper arrangement of streets in relation to other existing or planned streets and to the master plan, for adequate and convenient open spaces for traffic, utilities, access of fire fighting apparatus recreation, light and air, and for area and width of lots.®
Subdivision regulation is often inflexible for development design and integration of a variety of housing types and land uses to meet the needs of a diverse and changing population. This is caused by the type of guidelines set as rainimums for development. Too often, the minimum becomes the maximum due to the profit-motive behind land development for the highest possible return on the investment. Another pitfall of this power is the lack of standards by which development is measured. This results in the construction of developments which cost more to maintain than the revenues generated; default and then must be maintained by the municipality because roads and sewers were built and dedicated; or the proposal not being built.^ Each of these offer serious consequences for the locality but can be avoided with careful scrutiny and analysis of proposals.
This is not a mandated power for cities and towns; municipalities may choose not to adopt subdivision ordinances. The alternative of no governmental regulation of the layout and capital improvements of new development can result in exacerbating the existing problems of the town (i.e., traffic congestion, sewerage, overcrowding of schools).
It may also allow incompatible or unnecessary development.
It should also be noted that the territorial jurisdiction over subdivision of land includes all land within the boundaries of the municipality. If a major street plan has been adopted by the municipality, it also can regulate the subdivision of all land within three miles of its boundaries and not within another municipality.10


30
rr
LEGISLATION: SENATE BILL 35, County Subdivision Regulation, CRS 1973, 31-28-133
PURPOSE: The explicit purpose of this legislation is to require counties to enact subdivision regulation. It mandates the setting of minimum standards and procedures for the subdivision of all unincorporated land within the county.
POWERS AUTHORIZED: This legislation explicitly mandates country government to require site specific information from developers prior to subdivision approval. This includes provisions in the subdivision regulations for "adequate domestic water and septic disposal; mitigation of soil and geological problems; dedication of land or money for future park and school sites; and bonding public improvements."^ Basically these are the powers authorized by this legislation, with the intent that these are fundamental to ensuring good development which is not detrimental to the area.
PITFALLS: The importance of Senate Bill 35 is its impact on land development in rural areas. This Act was a primary force in halting "the massive subdivision and sales of submarglnal Jots in rural areas,"12 ;1IK| preventing "residential sprawl and leap-frog development."' * However, it also has had a very strong impact on rural municipalities. Its provisions have caused a subtle increase in the pressure for development in areas adjacent to existing incorporated communities. Stricter county regulation make development more attractive in areas annexable to towns with less strict subdivision requirements. "Together with new health regulations discouraging the use of wells and septic systems and legislated constraints on the formation of special districts, Senate Bill 35 has given the competitive edge to developers in, or annexable to, incorporated areas."14 The net effect has been to reorder the development pressures within rural counties, concentrating those pressures in and around incorporated areas.


LEGISLATION:
PURPOSE:
POWERS
AUTHORIZED:
PITFALLS:
PLANNED UNIT DEVELOPMENT, CRS 1973, 24-67-102
II
The Intent of the PUD Act is to provide a means for local government to encourage flexibility in the regulation of land use under zoning and subdivision regulations. Essentially, it allows the combination of these two techniques to encourage the integration of mixed land uses, densities and building types for large-scale development. It is an attempt to address the rapidly changing needs of people and the towns in which they live. The PUD Act is intended to promote the use of technological innovations in the design of developments. Its explicit purpose is to ’’promote variety and diversity in the planning of large-scale developments . . . and to promote diversity in housing to meet changing needs and demands for housing."
This Act authorizes municipalities to establish a zone district called "planned unit development" and to define restrictions on land-use within that district. It allows for mixed land-uses and densities, etc., as long as the requirements established are met.
The PUD Act is a specific piece of legislation broadening the scope of zoning legislation. It is a direct statement to local government that the PUD district is legal under Colorado law, and is a legitimate means of controlling land use.
A PUD district in and of itself does not ensure the quality of a development nor an adequate integration of uses to make it a "good" PUD, and an asset to the town. Other regulations and restrictions can be effectively used with the PUD to encourage quality in the development, i.e., building codes or performance standards. The PUD designation of a parcel should depend on its relation to the original zone district of the parcel, and the uses permitted cannot undermine the zoning standards of the area.16


32
LEGISLATION:
PURPOSE:
POWERS
AUTHORIZED:
PITFALLS:
HOUSE BILL 1034, CRS 1973, 29-20-102
This Act authorizes local government to regulate land use "in order to provide for planned and orderly development . . . and a balancing of basic human needs of a changing population with legitimate environmental concerns.The specific methods of achieving this are not laid out in the legislation. Thus, the Act authorizes local government to deal with planning and development, but it does not say how local government is to do so. It is a response to the demands of local government to-determine on its own what areas and activities need regulation and how they ought to be regulated. The Act spccif-ifically delegates power to local government to "plan for and regulate the use of land within their respective jurisdictions.It delineates specific areas to be regulated by local government and "then apparently grants the full police power of the State to local government to deal with those issues."-*-9
This legislation authorizes specific areas of regulation, but not the method to be used for regulation. This may be construed to mean a statutory municipality can implement any variety of controls to regulate within the areas dessignated by legislation. These areas include:
. . . development and activities in hazardous areas . . . significant wildlife habitat and . . . wildlife species . . . areas of historical and archaeological importance . . . the location of activities . . . which may result in significant changes in population density;
. . . the phased development of services and facilities;
. . . regulation of land use on the basis of its impact on the community;
. . . provision of planned and orderly land use and protection of the environment . . .^
The very fact that the Act does not spell out how to achieve its purposes may be a problem. It leaves room for debate about whether or not any control is legal under Colorado law, simply because it does not specify what controls can and cannot be used. There is limited precedent set under H.B. 1034. Ordinances enacted under it are subject to judicial interpretation if their legality is challenged.


33
LEGISLATION:
PURPOSE:
♦
POWERS:
PITFALLS:
HOUSE BILL 1041, CRS 1973, 24-65.1-102
This act was intended to be Colorado's comprehensive land use law.
The Act describes areas and activities which may be designated to be of state interest and establishes criteria for their administration. The key to this legislation is the concept of "matters of state interest." The Act says that because something is important to the public statewide, local governments have the power and authority to regulate that area or activity on that basis. The areas a local government may' designate and thus regulate are:
1) mineral resource areas;
2) natural hazard areas;
3) areas containing or having a significant impact upon, historical upon historical, natural, or archaeological resources of statewide importance;
4) areas around key facilities in which development may have material effect upon the facility or surrounding community.
The state does not obtain direct authority over designated areas or activities.22 However, these "areas and matters may be addressed by local governments in any existing unzoned portions of their jurisdiction."^ jts basic purpose is to encourage local government to regulate land use and development specifically in these areas because of the potential impact on an area greater than that locality, namely the entire state.
Simplified, the powers authorized^are to:
1) identify and designate areas of state concern;
2) adopt regulations to govern those areas;
3) designate those projects which must comply with the adopted
regulations; ^
4) apply and enforce the regulations.
The Act sets up a permit system and establishes minimum standards which must be met by development in those designated areas before it can be approved and a permit issued.25 Thus, it sets forth some explicit procedures and enforcement controls for the administration of regulations adopted under the Act. It also authorizes technical and financial assistance to be provided directly to local government for planning and developing guidelines for regulation in areas of state interest.26
Essentially, HB 1041 authorizes local government to develop their own guidelines for the administration of designated areas. It also allows local government to design and administer permit programs to regulate designated areas. Finally, it explicitly authorizes the regulation of land use and development in specific areas and under certain conditions. It broadens the methods statutory towns can use to regulate land use, specifically allowing permit systems. Other unspecified regulatory schemes may also be authorized, but would be subject to judicial review if challenged.
If the permit system is adopted, no provisions are provided for variances or exceptions; development must meet the statutory requirements and policies to receive a permit. 2 7 The procedural requirements are confusing, lengthy, and costly.28 The entire process of designating areas of state interest is "difficult and messy, and can be more trouble than anything else."^ It does give some teeth to enforcing regulations adopted under the Act, but is so caught up in administration and procedural red-tape that it is difficult to enforce, anyway.


34
What does all this legislation mean to local government? Basically, it means that under current Legislation, the scope of the statutory municipality's authority to regulate land is quite broad, and perhaps vague. H.B. 1041 and H.B. 1034 try to open the scope of local government regulatory authority to new and different approaches besides zoning and subdivision. However, the net result of these Acts has been to give local government very broad discretionary power to control land use in a manner deemed appropriate by local officials and citizens. Neither gives any substantive authority to actually accomplish this.
Prior to 1974, when these were enacted, local government had only the options of zoning, planned unit development, and subdivision regulation. Efforts to circumvent the limitations of strict zoning through the use of flexible zoning techniques did not seem to adequately solve the problems faced by local government. Growing demands for environmental protection, affordable housing, compact neighborhoods, and mixed land uses all contributed to the perceived need for more power at the local level to deal directly with their problems. H.B. 1041 and H.B. 1034 may enable local government to deal with such issues, and others unique to their area, more effectively.
Or, they may not really offer any legal basis for local government to initiate and enforce new types of regulations.
H.B. 1034 grants the power to regulate land use, but neither
expressly permits nor denies what types of regulations are to be 30
used. Thus, ordinances adopted under this Act are subject to


35
debate, with little or no set criteria to determine what the true intent of that legislation is. H.B. 1041 offers a similar dilemma for statutory municipalities with the added disadvantage of requiring the designation of local areas to be of state interest. The animosity and fear of State intervention in local affairs is not at all conducive to the application of this Act.
No matter under which statute a town chooses to enact land use regulations, it is vital to first ensure that they are within the guidelines set forth in the legislation. If those guidelines are vague, the regulations will be subject to judicial review. They may be declared invalid on the basis of judicial interpretation of the intent of the legislation. If the ordinance cannot be enforced, the town has no means of discouraging, much less preventing, unwanted development.
The Colorado enabling legislation has been presented as a primer on the scope of power local government actually has to regulate private land use and implement a growth management system. The analysis demonstrates that this power is broad, but the means authorized to do so is vague. H.B. 1041 and H.B. 1034 have opened the door to the use of techniques other than zoning but do not offer a definitive legal base for alternative methods. But since the door is open, municipalities should be aware of the various methods which might be legal under Colorado law. Until precedent has been set in the courts, or more explicit legislation is enacted, there is no way to anticipate whether or not an innovative measure reviewed herein is in compliance with the Colorado statutes. The


36
next chapter analyzes possible techniques, methods, and approaches to land use regulation which a rural city or town may wish to implement to achieve its goals and objectives.


37
Footnotes
^Theresa W. Dorsey and Fredrick Salek, The Law of Planning and Land Use Regulation in Colorado, pp. 2-27.
2
Colorado Revised Statutes 1973 (1977 Replacement Volume), volume 12, section 31-23-303(1), p. 668.
3
Dorsey, pp. 2-28-29.
A
Colorado Revised Statutes 1973, volume 12, section 31-23-304, p. 669.
^Ibid., section 31-23-307, p. 671.
James L. Kurtz-Phelan, "H.B. 1041: A Step Toward Responsible and Accountable Land Use Decisions," The Colorado Lawyer, Vol. 6, October, 1977, p. 1720.
Herbert H. Smith, The Citizen's Guide to Planning, pp. 83-90.
8
Colorado Revised Statutes, volume 12, section 31-23-214, p. 658.
Lecture presented by Eric Kelly, Private Consul in Growth Management, Denver, Colorado, March 5, 1980.
10
Colorado Revised Statutes, volume 12, section 31-23-212, p. 657.
''‘‘''Kirk Wickersham, Jr., "Land Use Management in Colorado: Past, Present, and Future," The Colorado Lawyer, Vol. 6, October, 1977, p. 1781.
12_, . ,
Ibid.
13
Ibid.
14
Ibid.
â– *~~*Colorado Revised Statutes, volume 10, section 24-67-102, pp. 439-440.


38
16
Dorsey, pp. 4-9.
17
p. 132.'
Colorado Revised Statutes, volume 12, section 29-20-102,
18T,
Ibid.
â– ^Wickersham, p. 1782.
20
Colorado Revised Statutes, volume 12, section 29-20-104, pp. 132-133.
21
Colorado Revised Statutes, 1979, cumulative supplement, vol. 10, sections 21-65.1-103 and 24-65.1-14, pp. 206-208.
22
Michael D. Petros and Raymond L. Petros, "Land Use Legislation: H.B. 1034 and H.B. 1041," The Colorado Lawyer, vol. 6, October, 1977, p. 1697.
^Wickersham, p. 1781.
24Ibid., pp. 1781-1782.
2^Kurtz-Phelan, p. 1720.
2^Dorsey, pp. 8-31.
22Kurtz-Phelan, p. 1722.
O Q
Wickersham, pp. 1781-1782.
29
Interview with Bill Crank, Town Manager, Town of Basalt, Basalt, Colorado, February 21, 1980.
30
Charlie Jordan, Background Discussion of Land Use Regulatory Enabling Legislation, a report to the Colorado Land Use Commission, Denver, Colorado, December 16, 1977, pp. 6-7.


LAND USE REGULATIONS
IIW8 MIHGW,
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wull §®g=mi ©y^ w@m
39


40
Land use regulation can be an extremely touchy subject. This is caused partially by a lack of understanding about the goals of such controls. Any growth management system is most effective when clear, accepted, common goals are the ends the regulations are to achieve. Without such objectives, the purpose of land use measures can be confusing and meaningless or unfair. As goals and objectives change or are achieved, the regulatory scheme should be adjusted.
In this way changing needs can be met and new technologies incorporated into the system to better meet community goals. As with planning, land use regulation is not static; it is a process.
One control cannot be adopted and be expected to perform effectively forever. Revision is required to ensure that whatever measures enacted continue to meet changing needs over time. If more problems arise than are solved, then the entire land use regulation system should be re-examined.
The purpose of this section is to define the options available in land use control techniques. The chart on the following pages lists the controls alphabetically, defines each control, states its purpose, and reviews some potential problems with the actual use of the control. This is meant to be used as a general reference for use in the selection of the land use regulations most appropriate to meet community needs and objectives and manage future growth. In many cases, the pitfalls delineated in each description may be avoided simply by keeping them in mind when planning the ordinance.


41
It should be remembered that no regulation is perfect. Any land use measure must be fine-tuned to fit each town's specific situation. Problems attributed to an adopted regulatory scheme should be corrected immediately rather than trying to "live with" them. The ordinances and regulations enacted should not be considered to be cast in concrete. It is when they are viewed as unchangeable that seemingly insurmountable problems between the ordinance and new development arise. To accommodate growth and change, local government must be willing to adjust its regulations to meet new and changing needs.


\
REGULATION . DEFINITION PURPOSE POTENTIAL PROBLEMS
AESTHETIC ZONING Aesthetics are considered in establishing lot size, building height, setbacks, density controls, etc. It is now being used as part of historic preservation and specific architectural controls. This involves the creation of a zone district based on beauty or aesthetics of the structures within the district. This technique is used to maintain a type of design (i.e., Old West faqades), prevent incompatible design of new structures, or preserve and maintain historic areas. To date there have been challenges to the legal basis for establishing aesthetic zones. Due process and the taking issue are both possible challenges to aesthetic zone districts. Georgetown's historic preservation ordinance has been successfully challenged.
ANNEXATION This is a power authorized by the State for local municipalities to add unincorporated contiguous territory to the municipality. As a land use regulation, it is used as a method of directing and timing development. This is used to allow new development to coincide with established areas, and to allow for the expansion of towns. It gives more local control over unincorporated land. Any given municipality needs goals and policies to determine if, when and under what circumstances the town is capable of absorbing annexation, both in the long and short-term.^
BONUS/INCENTIVE ZONING This technique is used to encourage developers to contribute amenities to the community in exchange for which the developer is allowed to build without conforming to the zoning ordinance. The purpose here is to allow flexibility in standard zoning and to encourage the donation of public facilities and amenities to the community. This technique is usually applied to specific districts, such as areas with commercial development. May be challenged on various grounds including due process. Developed for use in urban areas to extract additional amenities from developers to help pay the cost of maintaining residential development? Also are enforcement problems.
CAPITAL IMPROVEMENTS PROGRAMMING This technique examines the current and future capacity of the town's utility systems and sets a schedule for their improvements and/or expansion. This schedule is used to determine where and how much and when r.ew development can take place. This is used to stimulate or curb growth according to a timetable for development based on 'â– he expansion and capacity of public services, utilities and facilities. It is also used to ensure that adequate services are provided to new developments as well as to older areas of the town. May be problems with actually following the established timetable. By holding up development in one area due to lack of utility capacity the overall cost may increase due to inflation and time delay. In Colorado, land use decisions made on this basis are authorized under H.B. 1034.
ro


REGULATION. DEFINITION PURPOSE POTENTIAL PROBLEMS
CLUSTER/DENSITY ZONING This technique allows the established maximum density of a zone district of a given parcel of land to be used as the overall density for that parcel. Thus, a developer may increase the density of development on a portion of the parcel, as long as the total number of units does not exceed the maximum allowable density. This method is used to: promote flexibility in subdivision design; encourage the construction of higher density, lower cost housing for middle-income residents; encourage variety in the housing stock of a community; encourage common open space; allow for better use of individual parcels and to allow developers to ^ place development on the best site. When open space is created in this manner, there is a maintenance problem and the question of who bears the cost of maintaining that space.6 This technique is intended for large developments and may not be appropiate for redevelopment of individual lots. Provision and placement of parking must be considered when clustering housing units.
EASEMENTS This technique refers to the acquisition by government of full or partial rights to a piece of land. The land is acquired for the purpose of providing for the public benefit. The land may be used for a specific public purpose (i.e., a utility right of way) or the uses to which the land may be put may be restircted (i.e., scenic view rights of way which limit the height of buildings). Its purpose is to control specific parcels of land for specific purposes. It is most successfully used in utility rights of way and road access. It is used to preserve open space; as an interim measure to prevent development on land a town may want to purchase for parks or recreation; and as a means for a landowner to retain his/her property profitably. Cost is a major problem. How willing the landowner is to sell may be a problem, although the power of eminent domain may be used to condemn the land just compensation paid to the landowner.
COMPENSABLE REGULATION The landowner is compensated for any decrease in value caused by regulations on his property. Land use is restricted, but the owner is compensated. This method allows land to remain under provate ownership, thus decreasing the cost of public maintenance. Cost of providing compensation is prohibitory. May be unpopular due to restrictions. Actual use is rare; there are few examples of how it works, and therefore few tests of its success as a land use regulation.?
U)


REGULATION- DEFINITION PURPOSE POTENTIAL PROBLEMS
CONDITIONAL ZONING A developer agrees with a community to use or build on his property in a specific manner. It is usually a case of a rezoning subject to a specific condition that only a certain type of development will be constructed on that parcel. This is used to allow flexibility in zoning. It allows property to be utilized for development which would otherwise remain undeveloped due to the zoning on that parcel. There are major problems wtih the legality of this method. It has been construed as being prima facie spot-zoning, which is unconstitutional.® There is also a problem with enforcing the conditions of the development.^
CONTRACT ZONING Similar to Conditional zoning except that the developer or landowner agrees to put certain deed restrictions on the property in exchange for a desired rezoning. > This method is used to allow flexibility in the zoning system. It increases the control government has over specific parcels of land. This method ensures that a proposed land use will be implemented by the landowner and to prevent that property from being used for any other use allowed under that zoning classification. Again, this method has severe legal limitations. Basically, the zoning authority does not have the power to bargain away its legislative power to,Q regulate land for the public welfare.
ENVIRONMENTAL IMPACT STATEMENT This is a process designed to evaluate the impacts of a proposed development on the environment. The development is assessed according to both positive and negative environmental effects. It is primarily advisory in nature and is advocated on the basis of requiring the kind of information needed to make decisions about land use. This is used to ensure that impacts on the environment are considered in the evaluation of developments. It is designed to use environmental factors as the major determinants of the location, amount, and even type of development in any given area. Many Environmental Impact Statements just are not well prepare, and may not provide the necessary information for decision making. The Environmental Impact Statement itself does not provide the standards by which these impacts are reviewed; such standards must be set by each agency reviewing development and EISs.^ The entire process puts an additional financial burden on the developer, since it is he who must submit the report, and can delay development.


REGULATION DEFINITION PURPOSE POTENTIAL PROBLEMS
FEE AND TAX SYSTEMS* These methods are intended to generate revenue for the community, and, because of the cost involved, do have an impact on where development happens. One example is urban and rural service areas where tax rates can be established on the basis of the level of service each area receives. The main purpose of this method is to generate revenues, but different assessments have different effects on development. These can be used to inhibit development in certain areas, or to slow development simply by increasing the cost of developing. They are also used to maintain open space and agricultural land through preferential tax treatment to these property owners.^ The higher costs to the developer are usually passed on to the buyer, thereby increasing the market price of housing and commercial space, or other development. The demand for development may totally supersede any effect this technique may have on controlling or directing development and growth.
FISCAL ZONING In its purest form, it is basing zoning decisions on increases in general revenues or decreases in general costs or both. It is used to protect the tax base of the community and to ensure that new development is paying its own way in terms of services and facilities. It is a means of reducing the burdens on the municipality's services and to gain higher tax revenues. The system which determines fiscal impacts can be difficult and confusing. It is most easily developed for communities with revenues almost exclusively from property taxes.^
FLOATING ZONES A zone district is written into a community's zoning ordinance to provide for a specific need of the community, but it is not mapped (that is, no area within the community is designated that zone), except in response to specific proposals by developers. The float zone may be used to promote specific types of housing, industrial districts, etc. This method allows flexibility in development proposals; encourages the private sector to meet the needs of the community. It avoids predetermining land uses and prevents land values from increasing unnecessarily simply due to a zone designation.^ It is rarely used with few tests of its effectiveness as a land use regulation. Its effectiveness is limited due to the fact that no development may be proposed which conforms to the requirements of the float zone. ^ It is somewhat similar to the Planned Unit Development concept.^


REGULATION DEFINITION PURPOSE POTENTIAL PROBLEMS
FLOOR AREA RATIO A ratio between the amount of floor area allowed in a structure and the size of the lot. To allow variety and flexibility in building design and shape. A structure may have any number of stories as long as it conforms to the established ratio. A ratio of 2.0 allows a 2-story building covering the entire lot, a 4-story building on half the lot, etc. Administration and enforcement may be difficult and confusing. Setting up the system and determining what ratio is appropriate for different building uses may cause problems, especially in mixed-use areas.
IMPACT ZONING A process whereby development is evaluated against a community's capacities both current and future. Desires and undesirable impacts are specified using performance standards, against which the development is evaluated. This approach incorporates cost-benefit analysis and the Environmental Impact Statement. Thus, within zone districts positive and negative effects of development are identified and the suitability of any proposed developments is weighed against these impacts. An effect of development may be an increase on the sewer system; with impact zoning, the developer is responsible for mitigating some of the effect of the development on the sewer capacity. This method is used to encourage land use decisions made on a factual basis, taking into account a community's ability to absorb new development. It allows for consideration, directly, of a community's facilities and goals as well as the environment. It provides incentives for locating development in areas most suitable for it.It seeks to prevent a community from unnecessarily overloading its systems and encourages the developer to contribute directly to assisting a community in meeting the costs of additional development. The cost to the community is substantial; it does require a large investment for base data. It also requires access to a computer system to Correa late this information with proposed development. The cost to the developer is also a problem. Mitigation of the impacts of a development may be costly and time consuming, increasing the overall price of the development and thus the cost to the buyer.
INTERIM CONTROLS These are controls or regulations enacted to prevent or restrict development until the planning process for a town has completed a land-use or comprehensive plan, and permanent regulations designed to implement that plans have been developed. This allows a "moratorium" on development during the planning process. Interim controls are intended to preserve the status quo so that any new development proposed will be in accordance with the plan being developed. They are used mainly to ensure that developmental proposals which may not coincide with a proposed master plan are not authorized under the soon-to-be obsolete system of land use control. Thus, new development is reviewed so that it will comply with the coals of the community as stated in the The major problem is in determining what type of development/re-development may be authorized and prohibited during the planning period. New development proposals may be rushed in to the Planning and Zoning Commission for consideration before the interim controls are adoped. Opposition to any change in the current system of land use regulation may be quite strong.^0 â– S' O'


REGULATION
DEFINITION
PURPOSE
POTENTIAL PROBLEMS
LAND-BANKING
LARGE LOT/LOW DENSITY ZONING
NATURAL HAZARDS ZONING*
A municipality or authorized public agency may purchase land to be held for future development or to prevent development. The land may be held in public ownership and leased out for private development, or it may be sold to private owners with deed restrictions.
The establishment of zone districts with very large minimum lot sizes and very low densities.
Natural features and hazards of the area are identified and zone districts established for these areas specifying land use restrictions for each district. Conservation zones might be agricultural districts, forestry districts; hazard zones include the floodplain, avalanche areas, etc.
This technique is used to phase/sequence development, to increase the control government has on the type of development which can occur on a parcel of land, and to preserve open space, create buffer areas around communities, and to preserve agricultural lands. It is also used to curb land speculation, prevent urban sprawl and to control unplanned growth.21
In rural areas this technique is used to prevent urban development and to deter high density development which may be detrimental to the environment. It is also used to control population density on the basis of inadequate municipal services for large increases in population and to control the demand for services, such as schools.^3
This is an attempt to apply traditional zoning to the environment. It is a mean of conserving resources while providing recreational opportunities.2^
The cost is exteremely high; large amounts of money are needed to purchase enough land to be effective. Financing of a public land banking agency may be difficult. The use of eminent domain by such an agency may be questionable. 22
The cost of developing large-lot, single family dwellings is relatively high, thus effectively discouraging moderately priced housing, and excluding certain economic classes from the area.
It is difficult and expensive to provide utility services to such developments.
The courts have invalidated large-lot/low density zoning on the grounds that it is discriminatory, but the courts are likely to uphold large-lot zoning in rural areas (to preserve the character of the area) but not in areas subject to development
Usually no other land uses are allowed in these districts. These zones have not been effective in areas with high growth pressures, mainly due to land speculation and the availability of rezonings. Does not have a good track record in preserving the areas designated for preservation.26


REGULATION DEFINITION PURPOSE POTENTIAL PROBLEMS
PERFORMANCE STANDARDS* The identification and listing of acceptable levels of nuisance or impacts of development (as opposed to specifying acceptable types of uses). Establishes limits on the external effects of a development, development standards, which must be met by any development before it will be approved. Designed to address the problems faced in rural areas experiencing rapid growth. It essentially creates a working relationship between the community and the developer. The problems faced by the town are identified and solutions stated in the performance standards. The developer, by complying with the performance standards helps the community to mitigate its problem or achieve a stated objective.^ The cost to the developer in meeting design standards may increase the cost of development in the area. It can be difficult to apply and enforce these to environmental hazards. Administration may be difficult or confusing, There is basic background information needed to establish the performance standards, which is an additional cost to the community.
PERFORMANCE ZONING* A town is divided into zone districts and environmental features are identified as hazardous or in need of protection. On this basis any proposed development with an identified hazard on the site is allowed to build at the authorized district density, but only on that portion of the site considered to be developable. This technique is used to protect natural resources, prevent development in environmentally hazardous areas, and to promote flexibility in site design. ° Administration may be a problem, depending on the staff available to review proposed developments. The relative newness of the technique makes it difficult to predict its effectiveness. The community has the responsibility of providing detailed overall base information about the community to the developer so that the developer needs only to provide information about the development itself.29
PERMIT SYSTEM All development requires a permit which is issued after a review of the proposal on the basis of its impact on the community. Most permit systems use points to determine whether a development meets all requirements of established community policies. A set total number of points means a development may procede. Performance standards are used to determine whether the policies have been met. This system is used to direct the location and sequence of new growth; to ensure new development complies with community goals and facilities; to allow flexibility in development; to allow for the addition and subtraction of planning policies as community needs and attitudes change. This system encourages development on the most suitable land for development without predetermining what land may or may not be suitable.30 The initial cost for the base information needed to set policy and performance standards may be prohibitive, especially in rural communities. Administration of the system may be confusing, and may require trained staff.
00


REGULATION DEFINITION PURPOSE POTENTIAL PROBLEMS
PHASED DEVELOPMENT* Controlled timing and location of development by establishing what land is most desirable or most necessary for development. This allows growth which will coincide with improvements and/or expansion of community facilities and services. This method recognizes that growth and change are inevitable and sets a process for the community to absorb change. It sets a time-frame on which new growth can be based, controls how much and where new growth occurs, ensures the provision of adequate services.31 This method is sometimes challenged, but it is becoming generally accepted as a legitimate means of controlling development. Once a timetable is set, it may be difficult to alter it as needs and desires of the community change. The coordination of phased development is very difficult.32
PLANNED UNIT DEVELOPMENT* A combination of zoning and subdivision regulations allowing large scale development involving a mixture of land and building uses which are integrated into an overall plan to provide a balanced development which compliments and existing community. Used to promote flexibility in design and type of development and to promote mixed use development. It encourages the clustering of buildings on the site to preserve open space and lower construction costs. It is designed for large scale development to promote variety in new developments. It is also used to allow for lower construction costs thus encouraging lower cost housing.33 Development may be delayed or prevented by the arbitrariness of the PUD ordinance and vague criteria, making it difficult and time-consuming for the developer to comply. Open space maintenance and cost of that maintenance are also problems. The flexibility allowed may be applied arbitrarily by the community if it is not backed by design criteria or performance standards. The decision making and review of PUD proposals is split between the board of adjustments, zoning administrator, the planning and zoning commission, and the city council. Procedural safeguards are needed to protect both the community and the developer.34


REGULATION DEFINITION PURPOSE POTENTIAL PROBLEMS
POLICIES PLANNING A set of general statements (goals and objectives) which define the direction and character of future growth and development. This is a broad framework for action providing stability and consistency in land-use decision making. It is used as the basis by which specific decisions on development, land use and growth should be made.35 These broad policies are used to determine and direct the actions necessary to encourage desired development and discourage incompatible development. It is an excellent tool in multi-jurisdic-tional areas because it delineates common goals and objectives which each governmental unit should strive to achieve. ” Often the goal statements are too broad to be realized. Policies alone cannot accomplish the desired ends. Specific regulations must be enacted in conjunction with these policies in order to achieve them.
QUOTA SYSTEMS Most effectively used as annual limitations on allowable growth (i.e., a number of building permits to be issued annually). May also be used to set absolute limits on growth, but this is highly controversial. One other technique is to set targets for new or additional employment and population, thus encouraging diversity in the community to stop a town from becoming solely residential. There are a variety of reasons for this approach, most notably of which is to limit or totally discourage growth to retain the character of a community. Also used to try to balance the type of development occurring; a community may encourage a variety of land-uses or discourage some land uses by issuing more of one type of permit than another or by allowing more of one type of development.37 This is an extremely controversial approach to land use regulation. Ceilings on growth greatly minimize the flexibility of any land use regulation system. It also may have the effect of drastically, and unnecessarily increasing land values by specifically limiting the amount the community may grow in a given time period.38
RESTRICTIVE COVENANTS* These are private agreements restricting land use which transfers with ownership. Used to tailor land use regulations to specific sites and to allow more restrictive regulation of land than normally allowed under public regulation. Little or no public direction or control over restrictive covenants. Very difficult to change or amend.39
Ln
O


REGULATION DEFINITION PURPOSE POTENTIAL PROBLEMS
SITE PLAN REVIEW The establishment of general rules and standards by which site plans of proposed developments are reviewed by local officials. This technique is used to tailor development proposals to community goals and objectives. It is also used in subdivision review to ensure that the site has adequate roads, utilities, drainage, etc. It offers a process of negotiation through which effects of a development can be mitigated to the satisfaction of both the community and the developer. To effectively use this method, standards against which to measure the impacts of developlment must be established. There are problems with the legality of using this method for all development without other land use regulatory controls; decisions may be construed as arbitraryAlso, the time-frame for review of the proposal may be used as a delay mechanism to discourage development and may increase costs of development.
SPECIAL USE PERMIT . This technique is used where certain types of development are considered desirable but require special control. The zoning ordinance must specify all the conditions which must be met before a special permit use can be approved. Use to permit flexibility in the zoning ordinance. It recently has been used with nev development to channel it according to the municipalities comprehensive plan. There are potential problems with this method being applied arbitrarily to similar situations in the community. . It is limited in its use and effectiveness by the fact that it is tied specifically to those conditions specified in the zoning ordinance.
SUBDIVISION REGULATION These are locally adopted laws which regulate the process of converting raw land into development. Specific criterion is set which must be met before development can take place. Used to ensure that minimum standards considered vital for livable development are met by new developments and that the necessary services are pro- This type of land use regulation tends to allow single family detached residential development only. It is fairly rigid and inflexible in the type of design. Tends to not promote the best use of a parcel, but merely the meeting of universally applied minimum standard.^


REGULATION DEFINITION PURPOSE POTENTIAL PROBLEMS
TRANSFER OF DEVELOPMENT RIGHTS (TDRs) This is the technique of assigning a number of development rights to land based on its value, recommended density, etc. All parcels of land within the community are allowed a certain number of rights. Development on any given parcel may occur only if that parcel has the proper number of development rights. Rights may be sold and transferred from one parcel to another within a defined district, rather than to anywhere in the community. Used to preserve open space by allowing the land desired as open space to be marketable by permitting the owner to sell his development rights to other property owners. Basically TDRs take the burden of land designated as undevelopable off the property owner by allowing profit based on the transfer of the right to develop. This system is complicated to administer; a quasi-public agency needs to be established to handle the transfers. Problems arise in determining the number of rights to assign to any given parcel and how to assign them.45 The concept of allowing higher density development in one area because another is preserved may not hold up over time, and density may actually increase overall. It can be highly speculative, raising land costs and development cost.4«
ZONING The division of a town or county into districts and the regulation within each district of building use, land use, density, coverage of lots, bulk of structures, etc. Traditionally zoning has focused on different types of land use and their'location in relation to one another to provide a balanced community which serves the needs of all its current and potential future residents. Has been used to protect and preserve the single family house neighborhood. Used as a means to maximize property values and preserve the status quo. ? It originated as a control over land uses considered as nuisance or health hazardous to residences and to ensure adequate housing is provided in a community. Zoning sets standards of acceptable uses or different areas in the community. It is considered rigid and inflexible and inappropriate to promote new growth or just to control new growth. It does not allow flexibility in design of development or natural mixture of land uses and building types. It assumes that all similar development has a similar impact on the community and allows or prohibits development without an analysis of the actual impacts of the development. It can be difficult to administer because it does not and may not be able to address the problems and needs of the community and does not allow for changes in technology, community conditions, public attitudes, all of which affect development.49


53
Footnotes
South of Second Association vs. Georgetown, 580 P 2nd
807.
Michael E. Gleeson et al., Urban Growth Management Systems; An Evaluation of Policy Related Research, p. 44, and William I. Goodman and Eric C. Freund (eds.), Principles and Practices of Urban Planning, p. 398.
3
Gleeson, p. 40.
4
Interview with Charlie Foster, Planner, Colorado Division of Local, Planning Division, Denver, Colorado, February 11, 1980.
^Herbert H. Smith, The Citizen's Guide to Planning, p. 162; Gleeson, p. 40; Goodman, p. 431.
^Eric D. Kelly, Land Use Control, p. 55.
^Gleeson, p. 35.
^Ibid., p. 39.
9
Richard F. Babcock and Fred P. Bosselman, Exclusionary Zoning, Land Use Regulation and Housing in the 1970's, p. 78.
â– ^Gleeson, p. 39.
1:LKelly, p. 9.11.
12
Gleeson, p. 44.
13Kelly, p. 8.9
14Ibid., p. 2.10
15
16
Babcock, Exclusionary Zoning, p
80.


54
^Frank Schnidman (ed.), Management and Control of Growth Techniques in Application, p. 43.
18
Ibid., p. 44.
19
Gleeson, p. 46.
20
Ibid.
21
Ibid., p. 35.
22
Ibid., p. 36.
23
Ibid., p. 42 ,
24
Ibid.
25
Goodman, p. 202.
26
Ibid., pp. 202-203.
27
Kelly, p. 9.14.
28
Interview with Mike Frank, Planner, Buck's County, Pennsylvania, Doylestown, Pennsylvania, 7/10/79.
29
Kelly, p. 13.2
30
Schnidman, pp. 185-188.
31
Goodman, p. 206.
32
Kelly, p. 6.9.
33
Babcock, Exclusionary Zoning, p. 73.
34
Ibid., p. 76.
35
Goodman, pp. 331-332,
36
Ibid., p. 332.


55
37
Gleeson, p. 40.
38
Reference growth management systems used in Aspen and Boulder Counties in Colorado.
39
Gleeson, p. 39.
40
Schnidman, p. 36.
41
Interview with Jim Kuziak, Planner, Gunnison County, Colorado, Aspen, Colorado, April 2, 1980.
42
Gleeson, p. 40.
43
Smith, p. 88.
44
Kelly, pp. 3.1-3.2.
45
Ibid., p. 12.2
46
Ibid., p. 12.10
47
Richard F. Babcock, The Zoning Game, Municipal Practices and Policies, pp. 115-117.
48
Schnidman, p. 184.
49
Ibid.


PUTTING IT
ALL TOGETHER
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56


57
The next step in determining what regulations are most suitable in the rural setting is to match community goals with the land use controls designed to accomplish them. Knowing the options available and their purposes expands a town's ability to design a land use management system to meet its needs. To illustrate how to do this, recommendations on how Basalt can achieve its goals are outlined on the following chart. This chart also explains some actions and/or attitudes Basalt ought to adopt to achieve its goals, and how those actions translate into specific land use regulations.


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COMMUNITY GOALS THIS MEANS THE TOWN SHOULD: HOW TO MEET GOALS
I. HOUSING
A. To provide for affordable and diverse housing types to accommodate people in all income ranges. . . . allow a developer to use building and design techniques which help to cut his development costs. Cluster Zoning Impact Zoning Planned Unit Development Performance Standards Floor Area Ratio Special Use Permit
B. To encourage rehabilitation and renovation of the existing housing stock. ... be willing to streamline procedures for building permits and provide some economic incentive for upgrading property; i.e., allowing a renovated single-family home to be used as a duplex. Performance Standards Impact Zoning Aesthetic (Historic) Zoning
C. To encourage housing which is compatible with the environmental concerns of the community. . . . require site specific information from the developer about the impact of the development on identi-field environmental concerns and set guidelines for the mitigation. Impact Zoning Performance Zoning Planned Unit Development Performance Standards Natural Hazards Zoning
II. THE ECONOMY AND SERVICES
A. To encourage increased business opportunities. . . . designate areas for business development and provide economic incentives to encourage business to locate in the town. Float Zones Compensable Regulations Fee and Tax Systems Performance Standards Planned Unit Development Special Use Permit
B. To encourage light industrial activity in the area, to increase the job market. . . . designate possible areas for industrial development and provide economic incentives to encourage industrial activity. Float Zones Compensable Regulations Fee and Tax Systems Performance Standards Planned Unit Development Special Use Permit



COMMUNITY GOALS THIS MEANS THE TOWN SHOULD: HOW TO MEET GOALS
C. To maintain the tax base of the town. . . . determine the costs and revenues generated by any project to ensure new development will pay its own way. Capital Improvements Program Fiscal Zoning Impact Zoning
D. To ensure the provision of adequate utilities and services to all residents . . . evaluate current demand against current capacities and future demand, and encourage new development to contribute directly to the expansion or improvement of services and utilities and not overload the town's service systems. Capital Improvements Program Fiscal Zoning Fee and Tax Systems Impact Zoning
III. THE ENVIRONMENT—MAN-MADE
A. To preserve the historic aspects of the community. . . . identify historic structures and areas, create guidelines and economic incentives for their preservation. Aesthetic (Historic) Zoning Performance Zoning Compensable Regulations Transfer of Development Rights Floor Area Ratio
B. To maintain the rural character of the area ... be willing to encourage compact development and preserve the open space around the town. Capital Improvements Program Perfi mance Zoning Land-Banking Scenic Easements
C. To encourage the maintenance of an open space greenbelt around the municipality . . . establish incentives for maintaining land as open or agricultural and be willing to keep development within established utility and service districts. Land-Banking Transfer of Development Rights Cluster Zoning Performance Zoning Capital Improvements Program Natural Hazards Zoning Performance Standards
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IV.
COMMUNITY GOALS
THE ENVIRONMENT—NATURAL
THIS MEANS THE TOWN SHOULD:
HOW TO MEET GOALS
A. To preserve and protect environmentally sensitive areas
. . . allow development only on those areas identified as most suitable for development, avoiding environmentally critical and hazardous areas.
Natural Hazards Zoning Performance Zoning Planned Unit Development Cluster Zoning Performance Standards Easements
B. To preserve and protect riverside ecology
. . . set guidelines for riverside development, encouraging preservation of the rivers and vegetation and wildlife they support.
Natural Hazards Zoning Performance Zoning Performance Standards Easements
V. PARKS AND RECREATION
A. To provide and develop parks to serve the recreational needs of all age groups
. . . be willing to designate and acquire open land in town to be developed and maintained for recreational use; support of a special district may be appropriate for park maintenance.
Land-Banking Cluster Zoning Planned Unit Development Fee & Tax Systems Bonus Zoning
VI. COMMUNITY GROWTH
A. To encourage growth and new development in a manner which complements and enhances the character of the town
B. To provide for a variety of types of growth to serve a diverse population
. . . establish guidelines to evaluate development against community goals.
. . . be willing to consider a variety of types of development, allowing flexibility from set rules.
Capital Improvements Program Performance Standards Performance Zoning Impact Zoning
Cluster Zoning Planned Unit Development Performance Standards Performance Zoning Impact Zoning Special Use Permit
O'
o


COMMUNITY GOALS THIS MEANS THE TOWN SHOULD: HOW TO MEET GOALS
C. To preserve and maintain the compact nature of the town . • . encourage new development to locate within the existing town and its service boundaries. Performance Standards Capital Improvements Program Annexation Policies Fee and Tax Systems
D. To encourage development to positively address the goals and needs of the community ... be willing to evaluate development on the basis of what it does for the community, now how well it matches set rules and regulations. Cluster Zoning Performance Standards Performance Zoning Planned Unit Development Policies Planning Capital Improvements Program Fiscal Zoning Special Use Permit


62
Why are these land use regulations considered the most appropriate for the rural situation illustrated by the case study? This can best be answered by briefly reiterating the kinds of development possible under each of the recommended controls as related to the specific goals listed:
Housing
Housing diversity can be promoted by not setting rigid standards for lot size, and lot coverage and allowing flexibility within land use regulations. Development costs are cut if units are clustered rahter than strung out on a grid-iron pattern because fewer materials are required for the installation of utility lines and roads. Lowering development costs helps to lower housing costs when the units are marketed. Often, flexibility in the land use code, as with floor area ratio, special use permits, and performance standards, allows new and/or cheaper technology and materials to be utilized, also lowering the investment. These are the kinds of things which can promote diversity in the housing supply of a community.
Renovation of housing is more difficult to influence by government regulation, unless the government buys the units, renovates them and resells them. The market, probably more than any other force, determines the desirability of rehabilitation over new development. However, government can indirectly influence renovation simply by making it more worthwhile. An historic designation may entitle the owner to tax breaks; performance standards and impact zoning


63
may direct development away from certain areas and thus make rehabilitation both desirable and profitable. Fiscal rewards are an expensive, but effective, means of encouraging reinvestment in the older housing stock.
The impact of housing on the environment can be difficult to foresee. Environmental regulations on such potential impacts are needed to avoid dangerous areas, i.e., flood plains, avalanche or landslide areas. These environmentally sensitive or hazardous areas should be clearly identified so development can occur around them but not in or on them. The tools listed all allow development to be located so that it avoids such areas without actually prohibiting development.
The Economy and Services
Stimulating local business opportunities, both commercial and industrial, cannot be accomplished solely with land use controls. However, land use regulations can help create a setting which encourages businesses to locate in that community. Often, fiscal incentives are offered to business enterprises, i.e., lower tax rates, or lower fees for building permits or utility hook-up. PUDs permit different land uses to be integrated on one parcel, encouraging the possibility of land to be designated in new development for business use. Float zones can be used to indicate that business development is desired and encouraged. By designating land for business use or using float zones the municipality is sending a "yes, we're interested" signal to the business developer.


64
Maintaining the community's tax base and providing services are fiscal considerations of the cost versus the money generated by local revenues. The tools listed are specifically designed to review new development on a cost-benefit basis. Capital improvements programming allows the community to balance its revenues against current and anticipated demands. Thus, needed public improvements can be prioritized in accordance with the funds available, and additional funds can be sought for future projects.
Environment—Man-Made
Historic preservation is encouraged greatly by fiscal incentives. Historic zoning helps to prevent old structures from being destroyed and to keep new incompatible development out of historic districts.
It does not ensure the maintenance of historic areas. Performance zoning and standards work in the same manner: compensable regulations and TDRs, both costly, offer monetary rewards as incentives for preservation and help encourage upkeep. Floor area ratio regulations can be vital in preserving the scale of historic areas by preventing total build-out of lots. Thus, new additions and/or structures will not dwarf the historic features of a neighborhood or area (i.e., a 6-story condominium on either side of a Victorian 2-story).'*'
The rural atmosphere can be preserved by using a CIP to influence where and how much development occurs through phasing and location of services and improvements. Performance zoning and standards can be used to set guidelines for new development to ensure that it blends


65
with the existing character of the town. Land-banking and scenic easements, both expensive investments, can be used to purchase land to preclude it from being developed, or to phase its development in keeping with town policies.
The maintenance of rural agricultural land is becoming quite costly to the individual owner, as well as individual towns. A CIP can be used to discourage development in open land by not programming utility services for that area. Cluster zoning, performance zoning and PUD all promote cluster development with the majority of the parcel left as open space. Maintenance of this space is usually the responsibility of a home owners association, rather than a town accepting dedication of the land due to the continuing maintenance cost. Performance standards can set guidelines requiring a certain percentage of open space in new developments. Land-banking and TDRs provide monetary incentives to the individual owners to keep their land in agricultural use.
Environment—N at ura1
Each tool listed is designed to protect the environment, and prevent development on identified critical or hazardous areas. Easements can be used to specifically prohibit development by the locality acquiring a "right-of-way," i.e., scenic easements, across the hazardous portion. The other tools listed all allow some development, usually at a higher density, but only on the developable
portions of the parcel.


66
Parks and Recreation
Land-banking can provide the land needed for park development through direct acquisition. Cluster zoning and PUD allow for common open space in development. Some of this may be required as a dedication to the town for park land or deeded as park land under a home owners association. Fee and tax systems may be used to raise the funds to support land-banking or for outright acquisition.
Growth
All the techniques listed influence growth in some way, as does absence of land use controls. These techniques all conform to the basic policies already discussed. They provide a means for the municipality to direct growth, its location, the type, and even how much, how fast. A CIP is a key factor in achieving this system because
2
development can be denied on the basis of the provision of services. Two techniques not used in any other category deserve special explanation. Annexation policies can be used to gain control over developing
3
areas to ensure development occurs in harmony with community goals. Policies planning provides decision makers with a set of statements or directives to guide them in determining what is acceptable for their own policies can be used to determine a development proposal's positive and negative impacts on the town and where new growth should be located in relation to existing development.


67
The previous chart also indicates that some regulations are suitable for a variety of goals, while others are specific to one goal or set of goals. The land use controls most appropriate for the town will usually be those which meet the most community needs. Fewer regulations guiding land use means less administration is needed, and greater chance for understanding by government officials, residents, and developers.
Of the controls listed there are some which are not, at this point in time, considered effective for small rural towns: impact zoning, compensable regulations, fiscal zoning, transfer of development rights, landbanking easements, and bonus zoning. The reasons these are not appropriate are because (1) administration may require professional staff and may be expensive, (2) to set up the system requires too large an investment for the small town to support, even in the long run, and (3) the technique itself requires large amounts of money to acquire and update base data.
Decisions about any land use control system should be weighed on the basis of the local perception of their ability to finance and administer it. The recommendations made in the next chapter are based on these financial and administrative considerations. Thus emerges a practicable system by which rural municipal government can effectuate its policies.


68
Footnotes
"''Interview with Karen Smith, Planner, Aspen-Pitkin County Planning Department, Aspen, Colorado, April 2, 1980.
2
Interview with Charlie Foster, Planner, Colorado Division of Local Affairs, Dept, of Planning, Denver, Colorado, February 6,
1980.
3
William I. Goodman and Eric C. Freund (eds.), Principles and Practices of Urban Planning, p. 395.


RECOMMENDATIONS
69


70
The land use controls recommended as most appropriate for the rural town situation, as illustrated by the Basalt case study, are a combination of policies planning, cluster zoning, capital improvements programming, planned unit development, performance standards, performance zoning or natural hazards and aesthetic zoning. Performance zoning, as defined in this project, is similar to a combination of cluster, natural hazards and aesthetic zoning. The basic difference is the name and the consolidation of these three concepts into one process. The recommendations are all relatively easy to administer and relatively inexpensive. Some base date is required before these methods can be implemented, but any land use control system could be founded on easily accessible information.
Here is what each of these methods can do for a town:
Cluster Zoning
Cluster zoning helps to decrease construction costs, increases diversity of housing and allows for the mixing of housing types and densities within a district. It can also be used with natural hazards zoning and in PUD design to allow the full development potential of a land parcel while avoiding environmental hazards.
Capital Improvements Program
A CIP clearly defines the capacity of the municipality to provide services and maintain public facilities. It is a very effectives tool to direct the location of new development, since growth tends to locate where it has access to services. It can also be used to


71
encourage phasing of development to prevent the over-extension of current services and facilities. It does not require complicated rules, regulations, or administration, making it an excellent device for rural areas. What is needed for a CIP are some facts on current demand and capacity, and projections about future demand. The areas most suitable for service improvement or extension should be identified in the context of this information.
Planned Unit Development
PUD functions similarly to cluster zoning, but is geared for large parcel design and the mixing of land uses. It permits flexibility in design, housing, types of use, and allows local officials to review the actual site for its compatibility with the existing town structure. This review process encourages negotiation between local government and the developer to create a plan which is mutually acceptable and beneficial.
Esthetic quality is heavily emphasized ... by careful attention to meaningful open space, road design, parks, existing physical features, and natural vegetation as well as construction design ... In mountains environments wViere slope, vegetation and soil stability are critical, PUD is an especially effective method of development . . . high density is permissible in areas of low impact danger, while more fragile areas are left intact.
. . . PUD not only restricts development to areas most capable of withstanding high impact, but also reduces the need for installation and distribution of gas, electric and telephone services. Road construction and maintenance is also minimized, thereby lessening vegetation and soil disturbance.
Performance Standards
Performance standards have traditionally been used with industrial districts and uses to mitigate unpleasant effects such as noise,


72
smoke, glare and odor. However, more and more these standards are being used as guidelines against which new development is measured and evaluated. These statements are tangible measures of impacts to be avoided, prevented, or are considered beneficial and should be encouraged. This gives local officials some basis for determining whether a proposal complies with community goals. Negotiations between the town and the developer to resolve the proposal's impacts is encouraged, rather than judging whether or not it meets all the hurdles of the application process. Performance standards bring a measure of quality control into the evaluation of new land use.
Performance, Natural Hazards,
Aesthetic Zoning
Environmental considerations, such as those in the case study, can be met and still permit development by using natural hazards zoning in conjunction with aesthetic considerations. Performance zoning blends these two approaches with aesthetic considerations. Thus, it can be applied to the environment as well as to the designation and preservation of historic areas. For instance, historic areas can be protected by allowing denser development elsewhere in the historical district or on the property. Performance zoning also effectively blends aesthetic and environmental values with the need to provide diverse housing in a variety of price ranges. It is designed to allow new development flexibility in exchange for preserving designated areas or mitigating identified needs. However, given citizen resistance to any change, the separate use of natural


73
hazards and aesthetic zoning in conjunction with cluster zoning may be more acceptable to local residents, and therefore easier to implement. This depends on how willing the town is to consolidate the land use code and use the process of negotiation, rather than trying to pre-determine what development and activities are acceptable.
The consolidation and streamlining of rules and regulations wherever possible is highly recommended. This decreases the need for interpretation of ordinances, makes for easier administration, and decreases the time involved in reviewing proposals for compliance. The more concise and understandable the system, the easier it is for everyone involved to use and understand. Less misues and misunderstanding about the regulations will happen.
Additionally, negotiation, although it may result in arbitrary decisions, creates a dialogue through which new solutions to problems can be realized. It does not completely close the door on a new idea or technology, and it brings the developer directly into the process of helping a town solve its specific needs.
Policy Planning
The use of policy planning is fairly easy and can be very effective. It sets out official statements which document adopted goals and objectives. Thus, an overall framework for the future direction of a town is specified. These policies should guide government officials in their decision making and serve as a check to ensure new growth is consistent with local goals. It should be


74
used as the basis on which development will be approved or denied. Policy planning is the glue which makes the various land use regula-
tions adopted work in a concert toward common ends.


75
Footnotes
Dr.
Land Use,
Wilbert J.
pp. 50-52.
Ulman,
Mountain Recreational Communities and


CONCLUSIONS
tmi© y©i i»y[LATo©M© AM® ©^©WTKI RMAilMIMT □ ■ oWmDT9© M©¥ W©MM©
76


77
The purpose of the project was to describe what land use techniques are best suited for rural communities, the premise being that some controls are more applicable to meet their problems. The previous chapter delineates those regulations meeting this criteria. However, it cannot be unequivocally stated that these techniques are applicable solely to rural situations, or that other controls may not be useful to the small town. The urbanity or rural nature of a municipality do not in and of themselves determine which land use regulations will work there. Land use controls are designed to solve specific community objectives and problems, regardless of its location or development stage. Thus, the project's basic premise that some regulations are better, automatically, than others in the rural setting is not completely accurate. ___
A major determinant in the success or failure of a regulatory system is its administration and enforcement; the commitment made by government officials, staff, and residents to support their growth management system. For any regulation to work effecgively, everyone must be willing to ensure that their town's regulations are fairly applied to all situations.
A number of events lead me to this conclusion. First and foremost is the reaction of the Basalt Planning and Zoning Commission to the recommendations of the project. One of the original reasons for conducting this study was as an answer to complaints from that Commission about the inadequacy of the town's zoning ordinance to control the development occurring there. Therefore, in presenting the results


78
to the commissioners, one might anticipate some positive and enthusiastic reactions to the discovery of different land use regulations which directly address their problems. The reaction to the recommendations was less than positive. It was, in fact, "Well, all these different approaches are neat, but we don't need anything new and fancy here. Zoning is what we know how to use."^ This reaction reflects an unwillingness to change the status quo and rock the boat of the established power structure. It also shows very little desire to even try to understand how land use regulations can be used to solve or mitigate their problems and thus achieve identified goals.
The problem in Basalt was not really dissatisfaction with the land use regulation system itself, but with how it was and is being administered to address the town's needs. It has been the administration and enforcement of the local zoning code that has caused
2
conflict, not the use of that particular type of regulation.
Adding to this dilemma is the fact that the ordinance has not been enforced over a period of time, and it is now impractical to do so.
The illegal conversion of single-family homes into duplexes is a result of poor administration and enforcement, not a consequence of the zoning tool. This problem can also be partially blamed on lack of foresight by the authors of the zoning code regarding the future housing needs of the area.
Another factor that leads to the emphasis on conscientious administration of the land use regulatory system is the reaction of various professionals to the results of the study. Overwhelmingly,


79
the professionals felt traditional district zoning is most effective
3
in rural municipalities (but not for rural counties). Traditional zoning offers the rural town the most explicit rules and regulations to control development. It is also one of the few land use regulation methods explicitly authorized by State enabling legislation.
The Act also spells out the procedures for adoption, regulation, and enforcement. Thus, it gives low-budget governments a fighting chance in the growth management war.
Traditional zoning was not recommended by this study because of its tremendous criticism running throughout the planning literature. This criticism focuses on zoning's ineffectiveness in controlling the character of new development; its tendency to maintain the status quo; the artificial monetary value it places on land; and its lot-by-lot, piecemeal approach to development.^
The general consensus among the Colorado professionals is that zoning should be used with performance standards and a Planned Unit Development district. These two additional regulations will allow some flexibility and quality control in municipal growth management. The reason these more traditional approaches were endorsed by the professionals was because of the feeling that small local governments could not effectively use discretionary power (and negotiation). Without expertise or the finances to hire and keep a full-time planning staff, discretionary power can become confusing and arbi-traty.k Zoning, used in conjunction with PUD and performance standards, allows some flexibility, but not so much that the local


80
government loses both its credibility and its control over the quantity and type of growth.
These recommendations also require responsible administration and enforcement. The situation in Basalt is a prime example of this. Basalt's land use management system now consists of zoning and PUD, but no performance standards. Their ability to manage the pressures for growth under this system is almost negligible. No controls are self-administered; they all work only as well as the government applies them. The commitment to faithfully and equitably enforce and use the adopted land use code is just as important with the traditional techniques as with the more innovative methods recommended by this study.
In terms of the study recommendations, they should not be construed to mean that any one system or combination of land use regulations is superior. They are meant to be used as constructive examples in evaluating which regulations might be used to solve or mitigate various community problems. It must be remembered that use of a land use control which is designed to achieve desired ends is only part of the answer. The task is made much simpler if the proper tool is used, as in carpentry, but skill, knowledge, and commitment are also needed to create the desired product. How well a land use control is applied is a key factor in determining how well it addresses a specific situation. Effective land use controls are a product of careful and equitable administration, and a commitment from all involved to adhere to the regulations and demand


81
compliance when the regulations are broken. This is what makes a land use regulation system work for a community, rather than against it.
To create such an atmosphere of checks and balances is not an easy nor quick task. A small town planner could effectively use the original approach of this project; educating and informing the people about what they can do to solve their problems and how land use regulations work. A town could implement the measures recommended herein, but only with the prior education and approval of its citizens and officials. It is the responsibility of both residents and elected officials to make the decision regarding the regulations they can live and work with.
Building a balanced atmosphere, open to new and different ideas in which consensus can occur, requires at least the following actions:
1. The promotion of citizen awareness through public information sessions where a dialogue can be created between residents and government. Information is exchanged, not merely doled out by the experts.
2. The promotion of government official's awareness of the issues and their potential solutions. This can be established by presenting residents' opinions and ideas to officials as well as staff evaluation and data. Here, the planner should function as a liaison between the government and the residents.
3. The presentation of examples of where advocated land use control tools are already in use to illustrate how they work.


82
4. A comparison of the town's current land use control system with other methods to show how the locality will grow and change under different regulations.
5. The use of simple and straightforward guidelines for the administration and enforcement of land use regulations to remove the obstacle of "how do we do this?"
These are some initial steps in an on-going process of community growth both physically and socially. They should be used as broad strategies to help citizens and officials achieve a better understanding of land use regulations and how they work.
In summary, even with careful selection of regulations, a land use management system can fail miserably. The success of any regulatory scheme is dependent on understanding the technique (what it can and cannot do); knowledgeable and responsible officials, willing to make it work; concerned and aware citizens, willing to adhere to the regulations; and a commitment by all to remedy non-compliance immediately. It boils down to taking the responsibility to administer and enforce the regulations in accordance with the goals and policies of the community, not the needs of the individual residents.
Nevertheless, even with conscientious, knowledgeable implementation, local government is restricted in its ability to effectively meet the demands of growth. In the final analysis, a major deterrent to effective growth management at the local level is the lack of substantive power delegated by the State to statutory municipalities. For the State to expressly authorize local government to regulate


83
land use without specifying the means available to do so is more destructive than beneficial. It creates confusion and fear of legal battles and acts as a disincentive to implement new approaches to land use management. The intent of this broad, but vague, grant of power may be to allow local government, rather than the State, to determine what kinds of controls it needs; but that is exactly all the current legislation authorizes. Local government does not also have the same specific grant of power to implement any control it deems appropriate. The legislation offers no guarantee from the State that the actions deemed necessary and appropriate by local officials will be upheld as valid under current state law. This creates more frustrations than it alleviates. If innovative approaches are initiated, chances are high that they will be challenged and the town will be involved in a lawsuit. The probability of the regulations withstanding judicial scrutiny cannot be predicted. Rather than risk high expenditures on legal fees, only to have to go back to the drawing board, a town is likely to stick with a sure thing, namely zoning.
H.B. 1034 and H.B. 1041 are feeble attempts to strengthen local government's ability to effectively manage growth and land use. No additional powers are expressly delegated, except the permit system in H.B. 1041, nor are any expressly denied. This reflects the Legislature's unwillingness to "bite-the-bullet" on growth management issues. They are essentially passing-the-buck back to local


84
government, without any clarification of the powers and responsibilities of local government to manage growth.
If the State does not take the initiative in advocating and implementing programs for growth management, all the little measures enacted (zoning, subdivision, and PUD) will be overwhelmed by the ever-increasing influx of people into this state. Statutory towns, as creatures of the State, act as advocates for the explicit legislation necessary to solve the growth dilemma in Colorado. The role of the State in the resolution of growth issues is infintely greater. State government must take affirmative action for planning which creates an environment capable of supporting and enhancing the lives of its residents.
The current attitude of the Legislature does not reflect solid support for planning. The lack of this much needed support undermines all efforts at the local level to plan for growth. It actually supports the "plan-as-you-grow" concept and discourages local government from accepting and using planning as a tool to solve its problems.
Thus, in Colorado, the responsibility for achieving effective growth management and the implementation of effective land use regulations lies with both local government and, to an ever greater extent, the State. The legislature must realize its role in creating statutes which will fully support efforts at all levels to plan for and manage growth. Only an explicit and positive attitude toward planning and growth management can effectuate an atmosphere conducive


to creating the living space and environment desired and needed by current and future residents.
The conclusion of this study cannot completely support the premise that certain land use regulations are ineffective in the rural setting, and thus may actually add to rural growth problems. Rather, the study indicates that effective land use regulations and growth management in any municipality are functions of: 1) the
locality's understanding of and ability to fairly and consistently administer and enforce its land use regulations, and, 2) the State' acceptance of its role as an initiator of growth management and use of its authority to provide municipalities with the support and specific planning tools they need to manage their growth pressures.


86
Footnotes
^Interview with Dick Ducic, Chairman—Basalt Planning and Zoning Commission, Basalt, Colorado, April 2, 1980.
2
References discussion in Chapter 2 on Basalt's Land Use Pattern.
3
Interview with Karen Smith; Interview with Jim Kuziak; Interview with Gerry Dahl.
4
Reference CRS, 1973, Vo.. 12 Sections
^Richard F. Babcock, The Zoning Game Municipal Pratices and Policies, pp. 116-117. Kirk Wickersham, "Land Use Management in Colorado: Past, Present and Future," The Colorado Lawyers, p. 1784.
^Interviews in Footnote 3.


BIBLIOGRAPHY
87


88
BIBLIOGRAPHY
Books and Periodicals
Babcock, Richard F. The Zoning Game, Municipal Practices and Policies. Madison: University of Wisconsin, 1969.
Babcock, Richard F., and Bosselman, Fred P. Exclusionary Zoning Land Use Regulation and Housing in the 1970*3. New York: Praeger Publishers, 1973.
Dorsey, Theresa W., and Salek, Fredrick. The Law of Planning and Land Use Regulation in Colorado. Third Edition. Denver:
Colorado Chapter of the American Institute of Planners, 1975.
Gleeson, Michael E. et al. Urban Growth Management Systems: An Evaluation of Policy-Related Research, Report Numbers 309 and 310. Chicago: The Planning Advisory Service, n.d.
Goodman, William I., and Freund, Eric C. Principles and Practices of Urban Planning. Washington, D.C.: International City Managers' Association, 1968.
Kelly, Eric D. Land Use Control. Washington, D.C.: Federal Publications, Inc., 1979.
Kurtz-Phelan, James L. "H.B. 1041: A Step Forward Responsible and Accountable Land Use Decisions." The Colorado Lawyer, Vol. 6 (October, 1977), pp. 1718-1729.
Schnidman, Frank (ed.). Management and Control of Growth Techniques in Application, Volume IV. Washington, D.C.: The Urban Land Institute, 1978.
Smith, Herbert H. A Citizen's Guide to Planning, Revised Edition. Chicago: Planners Press, 1979.
White, Michael D., and Petros, Raymond L. "Land Use Legislation:
H.B. 1034 and H.B. 1041." The Colorado Lawyer, Vol. 6 (October, 1977), pp. 1686-1716.
Wickersham, Kirk Jr. "Land Use Management in Colorado: Past, Present and Future." The Colorado Lawyer, Vol. 6 (October, 1977), pp. 1778-1786.
86


89
Memorandums, Surveys, Reports
Donnelly, Tom et al. The Roaring Fork-Frying Pan Study. A report prepared for the Town of Basalt under the Colorado Rural Communities Program, Colorado Mountain College, and the University of Colorado at Denver, August, 1979.
Memorandum by Gail Hill, DRCOG Division of Planning Services, on "The Legal Basis for Phased Extension of Services and Utilities by Local Government . . Denver, Colorado, November 30, 1977.
Memorandum by Charlie Jordan, Colorado Land Use Commission, on "Background Discussion of Land Use Regulator Enabling Legislation," Denver, Colorado, December 16, 1977.
Town of Basalt. "Household Opinion Survey," conducted by the Town of Basalt, June, 1979.
Interviews, Meetings, Lectures
Basalt Planning and Zoning Commission Meetings, Basalt, Colorado,
January 16, 1980, February 21, 1980, March 6, 1980, April 2, 1980.
Interviews and meetings with Mark Murphy, Small Towns Coordination, Center for Community Development and Design, Denver, Colorado, conducted weekly, September 1979-March 1980.
Lecture presented by Eric D. Kelly, Private Counsel in Land Use, Denver, Colorado, March 5, 1980.
Personal Interview with Bill Crank, Town Manager, Town of Basalt, February 21, 1980.
Personal Interview with Charles Foster, Planner, Colorado Division of Local Affairs, Department of Planning, Denver, Colorado, February 11, 1980.
Personal Interview with Jim Kuziak, Planner, Gunnison County, Colorado, Aspen, Colorado, April 2, 1980.
Personal Interview with Ann Moss, Landscape Architect, RSWA, Inc.-Denver, Denver, Colorado, March 11, 1980.
Personal Interview with Karen Smith, Planner, Aspen/Pitkin County Planning Department, Aspen, Colorado, April 2, 1980.


90
Telephone Interview with Mike Frank, Planner, Bucks County, Pennsylvania, Doylestown, Pennsylvania, July 10, 1979.
Telephone Interview with Blake Jordan, Lawyer, Colorado Municipal League, Denver, Colorado, February 4, 1980.


L6
imm JL©I(p©M
AiMIffi)© K1M©1 11W©WH
XIQN3ddV


'ZZytir/z of HBaiaCt \PHont Q2J-33Z2 0^.0. So* Q
Saiaft, CoCoiado Sl62l
92
June, 1979
Dear Neighbor:
This is a household opinion survey, the purpose of which is to provide you with the opportunity to voice your opinions and preferences on a wide range of Basalt area topics and issues. The information obtained from the survey will help the town in making specific decisions about present and future services and facilities. It will also help the town in establishing immediate and long range growth policies.
Some of the questions could be considered personal; however, this information is important to help understand the residents of the area. We will have no way of knowing which household filled out which questionnaire. DO NOT SIGN YOUR NAME TO THIS QUESTIONNAIRE. Results will be made available only as a combined analysis.
Your cooperation is very important. We need your opinions. Please help us, and in turn yourself, by filling out this survey. Please feel free to add any comments on any topic.
Thank you for your help!
Town of Basal£
Planning & Zoning Commission


Questionnaire Instructions
93
One survey is being given to each household in the Basalt area.
We ask that one adult member of the household fill out the survey.
1) Please answer all the questions by either circling a number or filling in the appropriate blank.
2) If more room is needed, please use the backs of the sheets and clearly label which question(s) it pertains to.
3) Some questions ask for only one answer while others request a multiple response. Unless a multiple response is asked for, please circle only one answer.
4) Please be careful not to miss any questions as they appear on both sides of the pages. Follow the numbers.
5) Please read each question carefully and study all the possible responses before answering. Your responses should be as complete and as accurate as possible. *
* Again, we would appreciate your views on any issues. Use as much space as you need. Thank you.


1
Parc I: HOW YOU VIEW YOUR TOWN
1. What are the best aspects of day-to-day life in the Basalt area for you? (Please prioritize, with 1 being most important and 5 least important.)
'7.70/o A - Its location 7.2 °m B - Its size ^.7%> C - Climate
_D - Economic aspects 95&?E - Friends and neighbors /9-77e>^ - All of the above 3.0?e> G - Other (specify)__________________
2. What is the single most important thing that would make living in the Basalt area better for you?
(Circle one)
1 - More job opportunities /lf-%%
2 - More recreational facilities /f. 7?&
3 - Better schools
4 - More growth 7-6
5 - Less growth /S’.
6 - More health care facilities
7 - Child day care facilities /.5~?Z>
8 - More shopping f acilities /*> .6 7a
9 - Other (specify) /£>. £ fo________ * 1 2 3 4 5 6 7 8 9 10
3. What could happen in the Basalt area that could make living here worse for you?
(Circle one)
1 - Decrease in population 9-/?o
2 - Increase in population /Ylt/e?
3 - Reduction in quality of public
utilities 9/To
4 - Increase in costs of public
utilities fO.&?e>
5 - Less commercial activity 7-/7*
6 - More commercial activity 3 °7e>
7 - Industry moving to town /S/T?
8 - Less tourists in town o
9 - More tourists in town /.
10 - Other (specify) /0
94
4. How important do you feel it is for you to know what is happening in the
~ Basalt area?
(Circle one)
1 - Very important 57.6%?
2 - Somewhat important 3 7.77#
3 - Not important 3.0 9^
5. Do you feel adequately informed about what is happening in the Basalt area' (Circle one)
1 - Yes **’•*'*
2 - No ^7-6 %
3 - Don’t care
6. How important do you think public meetings are for the Basalt area? (Circle one)
1 - Very important 76/%
2 - Fairly important 36. V
3 - Not important 3.0ft,
7. Concerning problems in the Town of Basalt, are the town officials doing the things you want done?
(Circle one)
1 - On most problems 73 6
2 - On some problems *77.5"%
3 - On no problems 7 6
4 - No opinion 7 7. 7%
5 - Other (specify) /0 6 7 8. Concerning problems in the Basalt art are your school officials doing the things you want?
(Circle one)
1 - On most problems "^7.3 9e>
2 - On some problems 96. 77p
3 - On no problems 7 £ ?o
4 - No opinion ^3.9 7*
5 - Other (specify) ________


9.
2
95
Concerning problems in the Basalt area, are your county officials doing the things you want? (Circle one)
1 - On most problems 4 - No opinion 7 %
2 - On some problems t/ % 5 - Other (specify) ________
3 - On no problems y ^ y
10. If growth in residential and business areas is to occur, do you feel it is the responsibility of the developers to take on the burden of:
YES NO
A - Utilities extension (water, sewer, etc.) --------------- 1 2 ?./
B - Utility plant improvements------------------------------ 1 6 5.?% 2 7c.%
C - New water rights----------------------------------------- 2
D - Land for parks------------------------------------------ i £ J V %> 2 7/- 7‘A
E - Streets------------------------------------------------- 1 f7.7 Y» 2'Z-/*
F - New or improved public buildings------------------------ 1 i3-9 7o 2 57>- 0*
G - Landscaping--------------------------------------------- ltf7?% 2 i.fVt
11. Should there be regulations on
buildings developed in areas where there are physical or environmental problems? (Circle one)
1 - Yes ^ 'ft*?*
2 - No 9 / fa
3 - Don' t know y. $ "Y#
12. Should there be an attempt to concentrate similar types of activities (commercial, industrial, residential, etc.) in separate areas? (Circle one)
1 - Yes ~75~
2 - No f£T-3*7*
3 - Don't know
13. How important are each of the following Basalt area issues to you?
Very
Important
Somewhat
Not
A - Enforcement of building codes 1 S'?./ ?o 2 jc.2> 7a 37.^
B - Enforcement of zoning codes ./7* 2 397*70 3 7V
C - Protection of scenic views 17/-3 9S* 2 79 7 7* 3 7.6
D - Historic Preservation 1 C°ro 2 7/. 3 y.f
E - Greenbelt program i 2 3/. 3 ?./
F - Begin park improvement program(s) i G - Land use planning 2 3 y.s
H - Citizen participation in local planning 1 &S 77* 2^7-3% 3 V.5-
I - Environmental protection 1 5/76 7* 23 7. 3% Z/0.6
J - Recreation 1«./^ 2 33. 7 3 7-6
K - Riverside preservation 1 5Ty. 6- 7t 2 13. 7 7* 3 v.s
L - Other (specify) 1 3 2 3 /r
14. How do you feel about historic sites in the Basalt area?
1 - They should be preserved and protected S‘3-3 *
2 - They should be ignored 7/
3 - No opinion ^
4 - Other (specify) 77.(Zt7’o______________________
Are you aware that the State Dept, of Highways is considering a realignment of Highway 82 near Basalt?
15.


1 - Yes 7 S’. T To
2 " No /3.£ 7c
3
96
PART II: SOME ECONOMIC ISSUES
1. What retail shops or services do you think are needed in Basalt?
A -B -C -D -E -F -G -H -
I -J -K -
Much Not
Needed Needed Needed
Entertainment establishments 1 2 '/fr.S Z> 3 *u.
Expanded medical services 1 3 7.9 Vo 2 3V, T To 3 H Z To
Automotive maintenance and sales 1 /^7%. 2 â– ?/ T ?o 3 V5~.5~Z*
Clothing stores 13/-3 T? 2 3 3Â¥.*7o
Home and appliance Maintenance & sales \/t.Z7o 2 ?/. r7a 3 ¥0.7*70
Sporting goods establishments i y.y% 2 ?<■ ¥ To 3
Restaurants 2 ~56. VTo 3 ¥Z.v7o
Convenience restaurants (Burger King, /6-7?» a 3.6 7a
McDonalds, etc.) lT./T* 2 3
Motels and hotels 1 9 2 ?/• r 3 57. S'To
Light industry i 2 5? 7. 7% 3 •Z7.?To
Other (specify) fa//a 2 3 y.5-^
2. Where do you usually shop for the following goods and services?
GLENWOOD
BASALT ASPEN CARBONDALE SPRINGS OTHER
A - Auto accessories 2 /7 '7o 3 6-/7o 4 57 5/o 5 7^
B - Gci s —————— - __ i g^.zTo 2 ¥S7i. 3 y 4 /£. 7Z, 5 <£.7^
C - Hardware 1 FJ.C 7o 2 /o .6 7a 3 o 5 '75^
D - Food - _ 2 3 /.S-7o 4 7^% 5 V .575
E - Drugs 1 5V>. o % 2 /? ZTo 3 /.fT. 4 3? 77„ 5 y.5*?2,
F - Clothing 1 -3.0 Vo 2 /To 3 f-fT* 4 ¥Z ¥To 5 37 5^,
G - Housewares 1 G/To 2 7■6>e7o 3 / S' 4 5& ¥°7o 5 7 f. rT
H - Appliances _ _ 1 0*7o 2 vsto 3 /• 5~%> 4 5 3 7.7^
I - Furniture - - 1 /S'. V To 2 AST* 3 3-<7 Ts 4 V7.J%, 5 535%
J - Lumber — 2 6/To 3 4 /7/?S« 5 /P’. /£>
K - Medical services — 130.s°ro 2 ¥?■?%> 3 4 5
L - Dental services 1S773^ 2 7/rTo 3 7-/ T, 4 ZÂ¥ Z%>
M - Entertainment U/.3 7o 2 V?.V& 3 °7a 4 7* 5
N - Restaurants 13 5~. S’ ?0 2 3y.y-% 3 4 .Ty.^fc 5 3
3.
Where do you usually do your banking?
A - Checking account B - Savings account C - Loans ----------
BASALT ASPEN CARBONDALE
1 V2.V7o 2 o
1 2 3 V-7 To 3 /• 5" %
IJrrK, 2 52-7% 3 3.®?,
GLENWOOD
SPRINGS OTHER
4 /5~â– 

5 /.&~7a
4 5If. 3 5 ^ °
U /ZdTo 5
4. Do you feel that the Basalt area economy is adequate now? 1. Yes 2. No
5. If the decision is made to expand Basalt area business and industrial activities, how would you respond to the following statements?


Full Text

PAGE 1

ENVIRONMENTAL DESIGN AURARIA LIBRARY • MURP STUDENT THESIS J. Roberts Spring 198 0 ...... MANAGING RURAL GROWTH \ \ \ \ -I '--. ____ , .... . t I ._ ___ _. ll . .,-....... ... __ --=:. -,. ..

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.. p .. ., • ., . : , < _.' / I 1 l . t '" ..... by Mary J . Roberts B . S . , Illinois State University, 1975 A thesis (Studio 3) submitted in partial fulfillment of the Requirements for the degree of Masters of Urban and Regional Planning/ Community Development, College of Environmental Design, University of Colorado at Denver May 1980

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DEDICATION This project is dedicated to everyone who helped make it possible. I especially wish to thank Herb Smith, m y advisor, whose patience and advice was alway s outstanding; the Pits Crew (Martin, Kristan, Peter, and Ronna) and Mark Murphy, who keep CD and good times alive and well at UCD; and, most of all, Bill who supported me through thick and thin and managed to keep me laughing through it all. Thanks! A heartfelt thanks also goes to Mike Fuller for taking time out of his busy schedule to design and sketch the artwork for the cover.

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TABLE OF CONTENTS CHAPTER 1. INTRODUCTION Purpose of the Project 2. THE CASE STUDY 3. A Rural Community's Dilemma COLORADO LAND USE CONTROL ENABLING LEGISLATION • . • • • • . . • The Basis for Municipal Power in Land Use Regulation 4. LAND USE REGULATIONS s. Eeny, Meeny, Miny, Moe, Which Control Will Solve Our Woes? PUTTING IT ALL TOGETHER • • • • • How the Controls Can Achieve Community Goals 6. RECOMMENDATIONS . 7. CONCLUSIONS ••• Land Use Regulations and Growth Management--Why It's Not Working BIBLIOGRAPHY • APPENDIX ••• ii PAGE 1 7 25 39 56 69 76 88 91

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INTRODUCTION 1

PAGE 6

2 The impetus for this thesis began with an inter-disciplinary planning study called the Roaring Fork-Frying Pan Study. This project was sponsored jointly by the Kellogg Foundation, a private foundation, and the University of Colorado at Denver, College of Environmental Design. It was a first step in developing a working relationship among the schools of planning, architecture and landscape archi-tecture. More importantly, it was a major effort by the University to offer its resources to educate, work with, and help a town to accommodate growth and encourage its residents to take an active role in determining their future. With that project, the idea of the planner as a facilitator of decision making consciousness-raising, and consensus totally captured me. I feel very strongly that to have good planning that works, the citizenry need to be well informed and knowledgeable about the issues they face and their solutions To be accepted and used, planning must be a tool by which citizens can identify problems, issues, and needs and development solutions to them. This in turn facilitates the growth of a community spirit and the willingness to work together to solve problems. Planning used in conjunction with an educational process enables residents to make intelligent choices about current issues and future directions. Thus, citizen education, input, and reaction can be an effective planning toaD A major step to create this attitude is to familiarize residents with planning concepts and jargon. This phase of the educational process is addressed herein by analyzing land use regulation, its

PAGE 7

basis and the various techniques used to manage growth. As the major means of effectuating a plan, land use regulations and how to use them are vital links to get from talk to action. Local residents need to know and understand what methods are available to achieve their goals and objectives. This document is intended to be used as a guide for rural municipalities in choosing what type of land use control s ystem a town should enact to deal with rural growth issues. The information contained herein analyzes the hows and whys of land use regulation: how it comes into being; where its power originates; and its purpose. The objective of this approach is to directly aid small town efforts to manage growth in conjunction with their goals. One purpose of this project is to be a reference source for rural towns. This report will describe and analyze the various land use regulatory devices available, their basis in Colorado law, and the purposes for which those techniques are used. The application of these regulations will be analyzed against a case study of a rural Colorado community facing some growth pressures. Thus, the pitfall of designing a model ordinance or growth management system which local government might adopt without modifying it to address their individual needs is avoitled. Rather, the approach requires communities to think about what their needs are, what issues they face, and then choose which land use controls are best suited for their situation. 3

PAGE 8

4 The overall purpose of the project is to define at least one system of land use control which will be effective in small towns facing some growth pressures. The approach used is to analyze local government authority under Colorado enabling legislation to regulate land use and examine alternative systems of land use control and growth management. The purpose of each regulation or system is analyzed, and positive or negative impacts are examined. Recommen-dations are then mftde as to which are considered best for use in rural towns. The methodology used to accomplish this encompasses research o f the planning literature, personal contact with professionals and land use experts, as well as lay persons' reactions to the various land use control methods examined. Staff and officials at State, county, local, and area Council of Governments were contacted for information and comment on the Project. Officials contacted included members of the Front Range Commission Coordinating Committee and staff; planning staff of Eagle, Pitkin, Boulder, Summit, and Gunnison Counties in Colorado and Bucks County, local officials and planning staff in the towns of Breckenridge, Basalt, Jamestown, Aspen, Carbon-dale, Eagle, and Glenwood Springs; and professional staff with the Northwest Colorado Council of Governments and the Denver Regional Council of Governments. Information and comment was also solicited • from local professionals and educators, including professors with the planning school at the University of Colorado at Denver, local land use lawyers, private consulting girms of THK, Inc. and RSWA,

PAGE 9

Inc--Denver, the Colorado Municipal League, Colorado Counties, Inc., the Center for Community Development and Design, and the Colorado Chapter of the American Planning Association. These people and organizations were also contacted regarding land use control methods legal in Colorado as were the American Planning Association, the Planning Advisory Service, The Department of Housing and Urban Development, the Colorado Division of Local Affairs, and the Colorado -Land Use Cornrn It should be noted that time restraints on the project made it possible to contact only those sources able to give the most complete and useful information on the subject under study. It is recognized that there may be a few stones left unturned. However, the resources 5 called upon have covered the information necessary to make an analysis applicable for Colorado municipalities. The process used in this project was analysis of the information and application to a given situation. The first step in this methodology was to define the parameters of the case study, re..J:i Colorado. (This included synthesizing the existing conditions and Yl future pressures on the town with the local attitudes into the needs, issues and goals of the communit The next step was research and analysis of Colorado enabling legislation authorizing municipalities to enact land use regulations. It is with this information that the educational process previously described comes into play. The Roaring Fork-Frying Pan Study started the delineation of Basalt's issues and goals. The next step was to determine the power base a

PAGE 10

to meet those oals. Informing the citizenry about ---local government authority to regulate land use helps to increase their awareness that zoning is just one of a variety of tools allowed under Colorado legislation. In the context of this project, the educational process was facilitated by presenting this information to the Basalt Planning and Zoning Commission meetings in J anuary, February, and March, 1980. From this point specific o f land use regulation wer e -nvestigated. Information on the enabling legislation propagated questions as to what kinds of controls were actually allowable in r. Colorado, their relationship to zoning, and what other towns are using. This research focused on the definition of each land use control and its purpose, and was then presented to the Basalt Plan ning and Zoning Commission television interviews were and tQe general public.<::Town meetings used to publicize this information and and gain citizen reaction to land use The f inal step in the process was to detevmine which techniques could b e combined to b est meet the rural situation, a s demon strated by the case study. This determination was based on considering only those controls addressing the specific goals of the case study town which could be effectively melded into a regulatory scheme, and easily administered in the small town setting without a great deal of expense and staff. 6

PAGE 11

THE CASE.STUDY !k 7

PAGE 12

8 Providing an example of the situation i n a specific municipality is a useful teaching tool for analysis. A situation is presented with specific factors and their consequences. The student is then asked to analyze a similar situation by determining the impacts of various sets of actions. The case study is designed to offer a similar exer' cise for other localities. A rural town with a given set o f issues and needs is described. Various land use regulations are applied to that situation to determine which ones will most effectively deal with the identified problems. It is the process of determining the impact or result of different regulations which is important for other communities to grasp and use. It is hoped that in this way other municipalities will be able to analyze and apply land use controls to effectively meet their individual needs and issues. Another factor in presenting a "real-life" case study is that in my experiences working with townspeople and officials, they relate very well to the issues and solutions in other areas. This compari-son, or contrast, with another situation offers a concrete example that people can easily grasp. It is more b elievable than a purely theoretical example. The case study approach tries to relate technical analysis to real-life problems in such a way that lay persons can understand why a particular land use regulation may work better to solve certain problems than another. Finally, why was the Basalt community chosen? Admittedly, the choice was partially selfish, since I had worked closely with the town on the Roaring Fork-Frying Pan Study and t perefore am very

PAGE 13

familiar with its problems. More realistically, Basalt is in desperate need of some technical planning assistance, but does not have the tax revenues to support it. The Planning and Zoning Commission constantly complains about the town's zoning ordinance. In asking myself why, I came to the conclusion that it was due in large part to the fact that the commissioners just do not know enough about zoning, much less its alternatives, to what they need to do to make their ordinance This, combined with Basalt's political, economical, and social situation makes this town an excellent case study for the purposes of this report. 9 Located on Colorado's western slope at the confluence of the Roaring Fork and Frying Pan Rivers, Basalt is in a truly beautiful setting. While it lies in the political jurisdiction of Eagle County, it is physically separated from the majority of that county by a range of mountains. It is expanding into the political jurisdiction of Pitkin County, with a newly developing 80 acres in that county annexed to town. Its geographical location gives the town alliances with the towns of Carbondale, in Garfield County, and Aspen,in Pitkin County. The growth of the ski industry in Pitkin County and the mining industry in Garfield County is rapidly changing a valley once devoted to agriculture and range land. Basalt is smack dab in the middle of a developing valley; development caused by the expansion of both mining and the ski industry. Now the watchword of the Roaring Fork Valley is housing. The open valley floor is being overrun by large-lot single family ranchettes, with their ensuing rural sprawl.

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Pitkin County's s9lution to this prospect has been to institute a limited growth policy restricting the number of building permits issued in a year. As is often the case with such controls, demand 11 has exceeded the number of permits allotted. Restricting the housing market in this way has increased housing costs throughout that county. Basalt, just 20 miles northwest of Aspen, and Eagle County both have less strict land use policies. The housing market and many of the people employed in Aspen have moved to where their demands for housing are not restricted; namely, Basalt. Thus, pressures for l1ousiug in Basalt are due to a large extent to the strict building regulations of its famous (or infamous) neighbor. The housing crunch is only one of the many issues faced in Basalt. The best way to determine those other issues is to look at the attitudes of the residents about the town and planning. The informationregardingcitizen attitudes was extracted from a town survey conducted by the town of Basalt in June, 1979. 1 A copy of the.survey is included in the appendix of this report. Of those responding to the survey, Basalt's size, location, and climate were considered to be the number one assets of the community. Additional growth was viewed as undesirable, although some respondents did indicate that growth would be beneficial to the community. However, public meetings held throughout the summer of 1979 by the Roaring Fork-Frying Pan Study revealed that Basalt residents are by no means anti-growth, and would not favor policies similar to those used in Pitkin County to control or discourage new development. This

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12 2 general attitude, true for many small rural areas, reflects a fear of change, wrecking a good thing, with an underlying belief in the free-enterprise system and individual rights. is being expressed is "We don't want the boat rocked, but we don ' t want government tell-ing us what to do with our land!" Another area of concern for many communities is the provision f d . d "1" . 3 o a equate an In the case o f Basalt, there is a municipal sanitation and water system, each operated under separate special districts. Those to the survey strongly indicated that they do not want to have their cost for services increased. The response was also very strong in favor of developers paying for the cost of expanding, improving, or providing services to new development. A hot issue in Basalt was the need for parks and recreation. The survey responses indicate a high desire for better parks and the provision of recreational facilities and programs for Basalt residents. In response to questions regarding the need for industry in Basalt, the survey results indicate residents would like to see more job opportunities in Basalt, but that the perceived need for industry is low. Forty-eight percent of the residents felt light and clean industry would be acceptable for the town. Additionally, it was felt that industry would be more desirable if it would definitely employ Basalt residents. In terms of commercial expansion, enter-tainment establishments and clothing stores received the highest

PAGE 17

response as most needed in the town, (73% and 70% of the responses, respectively). The only form of entertainment provided in town now are bars with live music. Basalt's commercial core currently consists of a bank, grocery store, a sporting goods store, bakery, drugstore, five restaurants, a hardware auto store, an antique store, two motels, and miscellaneous small shops. Survey results indicate these establishments need to be supplemented to better serve the daily needs of area residents as well as provide some luxury items to satisfy their discretionary spending desires. On environmental issues, there was a strong response in favor of controls designed to protect and preserve the environment. The majority of respondents favored riverside and scenic protection and controls on construction in environmentally sensitive areas. A 13 greenbelt program was also highly favored. The author has found that the feeling for the environment is very strong in rural areas.4 This feeling does not mean that development should be totally prevented on environmentally sensitive areas, but reflects the desire to preserve the environment from irrevocable damage. It is a difficult dichotomy to overcome, but it is possible to deal with both these issues, without conflict, with the proper land use controls. Housing issues, a major concern from the planning were not directly addressed by the survey. The survey information on this subject reveals that the majority of the respondents live in single-family units, and almost one quarter live in mobile homes. Housing payments ranged from $100 to $500 per month, with the value

PAGE 18

14 of homes estimted to be between $70,000 and $150,000. New housing considered desirable was single family (61 %), middle income (33%), low income (29 %), and townhomes and condominiums (20 %). This response does not show an awareness by residents about the cost o f housing in relation to income . In Basalt, an unimproved lot costs 5 about $35,000. Thus, the base price of any new home will include that figure plus the cost of improvements plus actual construction. The average income for Basalt residents is projected to be which does not qualify a home buyer for a home mortgage in the Basalt 6 market. The perceived valu e of homes is accurate, but the afforda-bility of such homes is not. The question remains, how can people in the $15,000 income level be accommodated in a housing market which well exceeds the living means of the average citizen o f the area. This kind of problem is not unique to Basalt. It is happeni ng throughout the State in both large and small communities. It is exacerbated in Basalt, and the entire Roaring Fork Valley, due to the economy of the area, tourism and service industries. Wages in these professions just are not sufficient to meet the living expenses of the area. The result is a high demand for housing and the paten-tial for overcrowding of existing housing so people can afford the rents. One other noteworthy result of the survey was the response to questions about planning and zoning. Overwhelmingly, respondents felt land use planning and citizen participation in planning are both important. This indicates people are interested in their community

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15 and may be willing to put some effort into shaping a better one. Most people do want to keep their town nice. One purpose of planning is to help bring some consensus about what community attributes are valued, and how to achieve those qualities. To summarize, the major issues in Basalt, as indicated by this survey and public meetings held throughout the months of June, July and August, 1979, are: Growth The attitude is one of "let's hide our heads in the sand and maybe it will pass us by." An increase in population is not wanted, but it is happening. The jolt for Basalt has been the start of construction on an 80 acre Planned Unit Development which will ultimately triple the size of the town. Housing The old American Dream syndrome of owning a piece of land and a home dies hard in the American West . Preferences are for singlefamily detached homes, but economics are making that type of dwelling more and more costly. Environmental and energy considerations may make the single family home obsolete. The question becomes how can the community satisfy the aesthetic, spatial, and energy demands of a growing population. An additional problem in Basalt is caused by the economics of their housing market. Middle income people cannot afford the available housing. The need for a variety of housing types is recognized by many residents to meet the

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needs of the average person, and also to preserve the character and vitality of the community.7 What housing alternatives are feasible and how they can be encouraged need to be addressed by the town. Economics 16 This raises the issue of whether or not Basalt can even support an increase in services and utilities for development. The economic base of the community is weak. There are no major industries to provide the town with tax revenues, except for the sales tax generated by local retail sales. The concern here is what priorities must be met b y the municipal budget for the town to survive. That is, cost of expanding any services (i.e., police, fire protec-tion, snow removal, street and park construction and maintenance, etc.) must be compared to the revenues generated by new development, but not that new development is undesirable. The expressed need for job opportunities and in-town diversions are also factors in the economic development of the area. Here the issues are what kind of jobs, where they should be located, and what type of entertainment and where it should be located. Light industry in town may raise the revenues, help limit the number of people who commute, and help to balance the community. However, Basalt officials realize the position of the town as a bedroom community serving Aspen. It has been expressed that this may be Basalt's primary function, and the issue which should be addressed. This brings us back to the housing issue and how to provide affordable dwellings.

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17 Services The concern about services relates to the town's economic situation. The major issue is whether or not the town can pay for additional utilities and facilities. Related to this is how willing residents are to pay more for services. The attitude expressed by the survey results is overwhelmingly in favor of making the developer pay for the cost of service and utilities expansion as well as for parks and landscaping. The danger is these all add to the cost of development, increasing the cost to the consumer. Reciprocal concessions from the town for such amenities can alleviate some of the cost from being passed on, but the more demands made on the developer, the less desirable it is to build there. The question is, then, how can the town balance the cost of providing services to new development with the benefits accrued from that development. Environment The main areas of concern are the natural and man-made environments. The protection of environmentally sensitive areas should be addressed by the town. Basalt's location in a mountainous setting may warrant regulation of development in environmentally hazardous areas such as flood plains, steep slopes, wildlife habitats, wildfire areas, avalanche areas, and landslide potential areas.9 The survey results do reflect some concern for the environment and the preservation of the rural feeling of the area. However, residents also have the underlying philosophy that private land is a commodity which is developable by right, regardless of the impact on the

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18 environment. The question becomes how can environmental protection be implemented and still permit development to occur? The manmade environment to be considered is the historic nature of Basalt and the preservation of the small town rural atmosphere. There are some historic sites which are of significance to the character of Basalt. One is a row of beautiful coke ovens used to extract the coke from coal being shipped on the old Hidland Railroad. The western atmosphere of downtown Basalt also adds to the character of the community. The Bank of the Basalt is located in the old Midland Railroad Station House. The building has been restored in the "old west" tradition, preserving the western fasade of the downtown . A modern structure has been built to house the town offices, but it also adds to the variety of the town and does not clash with the older buildings of the commercial core. The concerns here are historic preservation and the maintenance of the character of the town . If change happens, and it always does, how can Basalt protect and preserve its heritage and rural character? From this analysis emerge the goals of Basalt: I. Housing -To provide for affordable and diverse housing types to accommodate people in all income ranges. -To encourage the rehabilitation and renovation of the existing housing stock. -To encourage housing which is compatible with the environmental concerns of the community . II. The Economy and Services -To encourage increased business opportunities.

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-To encourage light industrial activity in the area, to increase the job market. -To maintain the tax base of the town. -To ensure the provision of adequate utilities and services to all residents. III. The Environment--Man-Made -To preserve the historic aspects of the community . -To maintain the rural character of the area. -To encourage the creation of an open space greenbelt around the municipality. IV. The Environment--Natural -To preserve and protect environmentally sensitive and/or hazardous areas. -To preserve and protect riverside ecology. -To promote the preservation of open space. V. Parks and Recreation -To provide and develop parks to serve the recreational needs of all age groups. VI. Community Growth -'l'o encourage growth and new development in < 1 manner which compliments and enhances the character of the town. 19 -To provide for a variety of growth to serve a diverse population. -To preserve and maintain the compact nature of the town . -To encourage development which positively addresses the goals and needs of the community. Basalt's land use pattern services to further illustrate its problems. The land use and zoning maps on the following pages show Basalt is almost exclusively single-family residential. The only

PAGE 24

TOWN OF BASALT , :GEND I Jttl ftrM1LY -LDJ I .s\IY,t tftl'-Mt"PIUM I FN'l\Cf "\lJI ttlibtlY l ftlru(, I urlM,ItW.. B Ptf. Jwmr

PAGE 25

TOWN OF BASALT ::GEND l 1 m-lrt-Mt'PI\lM I 51 N& fN'l \l'l'-"\fJt ttt\S11Y I 1 ru.v. I

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provision for multi-family dwellings is included in the mobile home district. Despite this restriction, single-family residences are being converted to and used as duplexes. This is happening without prior approval from the Zoning Board of Adjustments. Town officials, recognizing the need for additional housing, have not enforced the zoning ordinance, which would prevent these conversions. 10 The net result is higher density, greater demands on water, sewer, and other public services, without a concomitant 22 increase in tax revenues to pay for the increased usage of these services. Since the land use is officially single-family, the assessment of land value is at the single-family rate. These revenues are in actuality supporting multi-family density and demands . Unless taxes are very high, single family revenues cannot support the service demands of high density housing. Essentially, the tax base of the town is slowly being eroded. The taxes currently generated may not be adequate to maintain the current standard of services and utilities, much less expand or improve them . Basalt's zoning ordinance has not been revised to meet the new demands being placed on the community. Town officials recognize the need for housing but have undermined the effectiveness of their zoning ordinance to such an extent that it is now unenforceable. With the goals and problems of the case study outlined, the question now becomes what can a local government even begin to do to deal with growth. To answer this, one needs to first examine the legal basis for growth management and land use regulation in

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Colorado. The next chapter analyzes the major pieces of Colorado enabling legislation on this subject. 23

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24 Footnotes 1Household Opinion Survey, Town of Basalt, June, 1979 (available from the Town of Basalt. 2This attitude was prevalent in the Jamestown Planning study I worked on Fall-Spring 19 7 9 1980 and the Roaring Fork-Frying Pan study, June-September, 1979 . Conversations with Mark Murphy, Small Towns Coordinator, Center for Community Development and Design, held throughout SeptemberDecember 1979 also support this observation. 3 See Footnote 2, above. 4 See Footnote 2, above; interview with Ann Moss, Land scape Architect, RSWA, Inc.-Denver, Denver, Colorado, March 11, 1980 . 5Donnelly, Tom et al., The Roaring Fork-Frying Pan Study, a report by the Wester n Colorado Rural Communities Program, Colorado Mountain College, the University of Colorado at Denver, and the Town of Basalt, August, 1979, p . 46. 7Basalt Planning and Zoning Commission Meeting, Basalt, Colorado, March 6, 1980. 9 Donnelly, pp. 25-29. LOllasi.llt Pli.lnning and Zoning Commission Meeting, Colorado, March 6, 1980 .

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COLORADO LAND USE CONTROL ENABLING LEGISLATION uOO[ 25

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26 Before examining what a municipality can do to address its specific problems and anticipated growth, it must know under what restrictions it may be operating. Government officials and s taff should understand the scope of local governmental authority to manage growth. The place to begin is with the origins of local government authority and power. Local government controls land use and related areas under the police power authority of thestate . Police power enables government to r easonably regulate individual rights and property to protect the public health, safety and welfare. To ensure the reasonableness of governmental action this must be exercised within the du e process of law. Police power is delegated by the State to local government in the form of "enabling legislation." This legislation specifies the authority local entities have to undertake certain actions. Cities and towns so governed are called "statutory" cities. In Colorado residents of a town may decide to adopt a "homerule" charter. This type of charter allows the city to do anything which is not expressly prohibited by the state . These governments are not subject to the limitations of municipal enabling legislation. The case study, Basalt, is under a statutory charter, as are many rural communities. Some home-rule cities also follow the enabling legislation to avoid conflicts with the State and challenges to their regulations. Thus, this is a good base from which to determine the legal options available to local government for land use regulation and growth management.

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Enabling legislation defines the extent of a ci.ty's or town ' s power to implement and enforce land management policies. The Acts examined herein deal specifically with land use regulation. Only the major pieces of legislation have been analyzed to give a general overview of the working guidelines for Colorado municipalities. The chart on the following pages lists the major pieces of legislation, their purpose, and what they authorize. • 27

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LEGISLATION: PURPOSE POWERS AUTHORIZED: PITFALLS MISC. HISTORY COLORADO LAND USE CONTROL ENABLING LEGISLATION ZONING, CRS, 1973, 31-23-302. 28 The intent of zoning enabling legislation is to provide local government with a specific means to control and regulate land use in the best interest of the public health, welfare, and safety. Zoning is explicitly intended to act affirmatively for the promotion of the public welfare.! It attempts to balance individual rights with community welfare. The method authorized by this act is to divide the community into specific districts , in which certain uses are allowed or prohibited, and to regulate land use and structures within the districts. The explicit purposes of allowing this type of regulation are: 1) To lessen congestion in the streets; 2) secure safety from fire, panic, floodwaters, and other dangers; 3) to promote health and general welfare; 4) provide adequate light and air; 5) to prevent overcrowding of the land; 6) to avoid undue concentration of population; 7) to facilitate adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and 8) ..• are to consider the character of the district, conservation of the value of buildings, and appropriate usc of land the munlclpnllly.2 Court rulings have held the legitimate purposes of zoning to be to "attain stability of land use in developed areas, ••. guide future land development in vacant or developing areas; and maintain a rural environment" where appropriate.3 Colorado legislation also specifies the procedures for adopting a zoning ordinnce,4 and the mandatory creation of a Board of Adju stment once an ordinance is enacted.S This body functions to provide administrative interpretation of the ordinance and relief from undu e hardship from strict application of the ordinance. The powers delegated by this legislation are to control land use and structures the division of a municipality into districts of specific land use categories and the regulation of land. and structures within those districts. Towns are authorized to establish districts such as residential, commercial, or industrial in which only those specific land uses arc allowed, or districts can be established wl1ich allow compatible land uses to coexist. The districts are, in theory, designed to functionally segregate incompatible land uses from one another. Thus, only the same or similar land uses should be permitted within any given district. Additional regulations c an be included in the guidelines for each district, i.e., size of structures, building setbacks, height rest sections, density, etc. The criticisms of zoning are fairly general, attacking its basic concept. The pitfalls of zoning, in general, are: 1) it is inflexible and does not respond to changing needs and attitudes; 2) it is a static control over the land; it tries to predict and cast in concrete the future land use of the community--an extremely difficult task in a free-market economy; 3) it is used to maintain the status quo, inhibiting change for the worse as well as change for the good; 4) when applied to large scale developments or new communities it doe s not nll.ow them t(l be devclop<•d as l.ntl 'r,ratcd communities.6 i;; not iL is not !lom,•thiug a municipality !!!_UH t und rtake. However, the consequence of no ?.orling is very 1 imi ted regulation of land use and little control over what type of development happens where. Zoning can legitimately be used to encourage the direction and type of growth, thus changing or revitalizing certain areas of the community. But without it, there is little direct action government can take to influence growth. (Note: The passage of House Bill 1041 and House Bill 1034 may have negated the alternative of "no zoning" to zoning b y delegating authority to regulate land by other means. Both are discussed later in this chart.) Zoning originates froru nuisance ordinances developed in the late 1800s. It is the first attempt to use a comprehensive approach to land usc regulation. Its basis is in the principle of separating uses to avoid conflicts and hazards which endanger the lives and property of residents of a commun1ty.

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LEGISLATION: PURPOSE: POWERS AUTHORIZED: PITFALLS: MISC. HISTORY: 29 SUBDIVISION REGULATIONS, Cities and Towns, CRS 1973 31-23-212 The intent of subdivision legislation is to provide municipalities with a specific method of controlling new development and re-development of land. This legislatio n establishes standards, guidelines , nnd procedures for the divisi.on of a ny parcel of land into lots and hlocks for sal', and the identification of slrcets, easements and other land inten ded to be dedicated for public use. It is also designed to ensure that established a reas arc not overwhelmed by n e w development and that it will coincide with the goals of the community without bei ng a burden and expe n sive to maintain. Additionally, subdivision regulation is used to enforce the adequate p rovision of utility and water service, street circulation an'd access, and open space within new development. This legislation allows establishe d municipalities to de a l directly with new deve lopment. I t is u s ed to prevent leap-frog development in rural areas and expanding areas.7 This legislation authorizes municipalities to regulate the conversion o f open land to developed land so that i t coherently blends with existing development. It allows for the regulation of physical amenities such as street width and grade, circulation patterns, utility services, etc. The powers d e legated by Colorado legislation include regulations providi.nc for the proper arr:mge m ent of streets in relation to other t•x islinr, or planned streets and to the master plan, for adequate and con v enient open spaces for traffic, utilities, access of fire fighting apparatus, recreation, light and air, and for area and width of lots.B Subdivision regulation is often inflexible for development design and integration of a variety of housing types and land uses to meet the needs of a d i verse and changing population. This is caused by the type of guidelines set as minimum s for development. Too often, the minimum becomes the m aximum due to the profit-motive behind land development for the highest possibl e r eturn o n the investment. Another pitfall of this power is the lack o f standards by which development is measured. This results in the construction of d e velopments which cost more to maintain than the rc:i!nues generated; default a nd then must be maintained by the municipality because roads and sewers w e r e built and dedicated; or the proposal not being built.9 Each of these offe r serious consequences for the locality but can be avoided with careful scrutiny and analysis of proposals. This is not a mandated power for cities and towns; municipalities may choose not to adopt subdivision ordinances. The alternative of no governmental reg ulation o f the layout and capital improvement s of new development can result in exacerbating the existing problems of the town (i.e., traffic congestion, sewerage, overcrowding of schools). It may also allow incompatible or unnece ssary development. It should also b e noted that the territorial jurisdiction over subdivision of land includes all land within the bo und aries o f the municipality. If a major street plan has been adopted by the municipality , it also can regulate the subdivision of all land within three miles of its boundaries and not within another municipality.lO

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J LEGISLATION: PURPOSE: PO\YERS AUTHORIZED: PITFALLS: 30 SENATE BILL 35, County Subdivision Regulation, CRS 19731 31-28-133 The explicit purpose of this legislation is to require counties to enact subdivision regulation. It mandates the setting of minimum standards and procedures for the subdivision of all unincorporated land within the county. This legislation explicitly mandates country government to require site specific j_nformation from developers prior to subdivision approval. This includes provisions in the subdivision regulations for "adequate domestic water and septic disposal; mitigation of soil and geological problems; dedicatidn of land or money for park and school sites; and bonding public improvements."ll Basically these are the powers authorized by this legislation, with the intent that these are fundamental to ensuring good development which is not to the area. The importance of Senate Bill 35 is its impnct on land devl'lnpnlC'nt in rural areas. This Act wns a primary force in halting "the subdivision and snlcs o[ submarg!nr d Jots in n1nil and preventin g "residential sprrtwl. nnd Jcap-frug dt!VL•.lopmcnt." 1 l llnWt'Vl'r, it also has had a very strong impact on ruralmunicipaliti
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'II ..J LEGISLATION: PURPOSE: POWERS AUTHORIZED: PITFALLS: ]J PLANNED UNIT DEVELOPMENT, CRS 1973, 24-67-102 The intent of the ru n Act is to provide a meClns for loc
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LEGISLATION: PURPOSE: POWERS AIITHORIZED: PITFALLS: 32 HOUSE BILL 1034, CRS 1973, 29-20-102 This Act authorizes local government to regulate land use " i n order to provide for planned and orderly development ... and a bal;mcing of basic human needs of a changing population with legitimate environmental concerns."l7 The specific m ethods of achieving this a r e not laid out in the legislation. Thus, the Act authorizes local government to deal with planning and development, but it does not say how local governme .nt is to do so. It is a response to the demands of local government todetermine on its own what areas and activities need regulation and how they ought to be regulated. The Act speci.fifically delegates power to local government to "plan for and regulate the use of land within their respective jurisdictions."l8 It delineates specific areas to be regulated by local government and "then apparently grants the full police power o f the State t o local government to deal with those issues."l9 This legislation authorizes specific areas of regulation, but not the method to be used for regulation. This may be construe d t o mean a statutory municipality can implement any variety of controls to regulate within the areas dessignated by legislation. These areas include: , development and activities in hazardous areas significant wildlif e habitat and •.• wildlife species areas of historical and archaeological importance the location of activities .•• which may result in significant change& in population density; the phased development of services and facilities; regulation of land use on the basis of its impact on the community; • provision of planned and orderly land use and protection of the environment 20 The very fact that the Act does not spell out how to achieve its purposes may be a problem. It leaves room for debate about whether or not any control is legal under Colorado law, simply because it does not specify what controls can and cannot be used. There is limited precedent set under H.B. 1034. Ordinances enacted under it are subject to judicial interpretation if their legality is challenged.

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LEGISLATION: PURPOSE: POWERS: PITFALLS: 33 HOUSE BILL 1041, CRS 1973, 24-65.1-102 This act was intended to be Colorado's comprehensive land use law. The Act describes areas and activities which may be designated to be of state interest and establishes criteria for their administration. The key to this legislation is the concept of "matt<>rs of state interest." The Act that bC'causc something is lmport.1nt to the public statewide, local govcrnm c•nts haVl' the powl!r and to regulate that area or activity on that basis. The areas a local government may' designate and thus regulate are: 1) mineral resource areas; 2) natural hazard areas; 3) areas containing or having a significant impact upon, historical upon historical, natural, or archaeological resources of statewide importance; 4) areas around key facilities in which may a21 material effect upon the facility or surround1ng commun1ty. The state does not obtain direct authority over designated areas or activities.22 However, these "areas and matters may be addressed by local governments in any existing unzoned portions of their jurisdic tion."23 Its basic purpose is to encourage local government to regulate land use and development specifically in these areas because of the potential impact on an area greater. than that locality, namely the entire state. Simplified, the powers to: 1) identify and designate areas of state concern; 2) adopt regulations to govern those areas; 3) designate those projects which must comply with the adopted regulations; 24 4) apply and enforce the regulations. The Act sets up a permit system and establishes m1n1mum standards which must be met by development in those designated areas before it can be approved and a permit issued.25 Thus, it sets forth some explicit procedures and enforcement controls for the administration of regulations under the Act. It also authorizes technical and financial assistance to be provided directly to local government for planning and developing guidelines for regulation in areas of state interest.26 Essentially, HB 1041 authorizes local government to develop their own guidelines for the administration of designated areas. It also allows local government to design and administer perm i t programs to r<>gulatc designated areas. Finally, it explicitly authorizes the regulation of land use and development in specific areas and under certain conditions. It broadens the methods statutory towns can use to regulate land use, specifically allowing permit systems. Other unspecified regulatory schemes may also be authorized, but would be subject to judicial review if challenged. If the permit system is adopted, no provisions are provided for variances or exceptions; development must mee t the statutory ments and policies to receive a permit:7T The procedural require ments are confusing, lengthy, and costly.28 The entire process of designating areas of state interest is "difficult and messy, and can be more trouble than anything else."29 It docs give some teeth to enforcing regulations adopted under the Act, but is so caught up in administration and procedural red-tape that it is difficult to enforce, anyway.

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What does all this legislation mean to local gove rnm ent? lklsic:llly, it mt':llls tlt:..tt under current l.egh;latiun, tile scopl' of t ilt • statutory municipality's authority to regulate land is quite broad, and perhaps vague. H.B. 1041 and H.B. 1034 try to open the scope of local government regulatory authority to new and different approaches besides zoning and subdivision. However, the net result of these Acts has been to give local government very broad discretionary power to control land use in a manner deemed appropriate by '34 local officials and citizens. Neither gives any substantive authority to actually accomplish this. Prior to 1974, when these were enacted, local government had only the options of zoning, planned unit development, and subdivision regulation. Efforts to circumvent the limitations of strict zoning through the use of flexible zoning techniques did not seem to ade-quately solve the problems faced by local government. Growing dem< tncls for environmental protection, affordable housing, compact neighborhoods, and mixed land uses all contributed to the perceived need for more power at the local level to deal directly with their problems. H.B. 1041 and H.B. 1034 may enable local government to deal with such issues, and others unique to their area, more effectively. Or, they may not really offer any legal basis for local government to initiate and enforce new types of regulations. H.B. 1034 grants the power to regulate land use , but neither expressly permits nor denies what types of regulations are to be used.30 Thus, ordinances adopted under this Act are subject to

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debate, with little or no set criteria to what tile true intent of that legislation is. H .B. 1041 offers a similar dilemma for statutory municipalities with the added disadvantage of requiring the designation of local areas to be of state interest. The animosity and fear of State intervention in local affairs is not at all conducive to the application of this Act. No m atte r unde r which statute a town chooses t o l : tntl 35 use regulations, it is vital to first ensure that they are within the 8Uidelines set forth in the legislation. If those guidelines are vague, the regulations will be subject to judicial review. They may be declared invalid on the basis of judicial interpretation of the intent of the legislation. If the ordinance cannot be enforced, the town has no means of discouraging, much less preventing, unwanted development. The Colorado enabling legislation has been presente d as a primer on the scope of power local government actually has to regulate private land use and implement a growth management system. The analysis demonstrates that this power is broad, but the means authorized to do so is vague. H.B. 1041 and H.B. 1034 have opened the door to the use of techniques other than zoning but do not offer a definitive legal base for alternative methods. But since the door is open, municipalities should be aware o f the various methods which might be l egal under Colorado law. Until precedent has been set in the courts, or more explicit legislation is enacted, there is no way to anticipate whether or not an innovative measure reviewed herein is in compliance with the Colorado statutes. The •

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next chapter analyzes possible techniques, methods, and approaches to land use regulation which a rural city or town may wish to imple ment ' to achieve its goals and objectives. 36

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Footnotes 1Theresa W. Dorsey and Fredrick Salek, The Law of Planning and Land Use Regulation in Colorado, pp. 2-27. 2colorado Revised Statutes 1973 (1977 Replacement Volume), volume 12, section 31-23-303(1), p. 668. 3 Dorsey, pp. 2-28-29. 4colorado Revised Statutes 1973, volume 12, section 31-23-304, p. 669. 5rbid., section 31-23-307, p. 671. 6 James L. Kurtz-Phelan, ''H.B. 1041: A Step Toward Responsible and Accountable Land Use Decisions," The Colorado Lawyer, Vol. 6, October, 1977, p. 1720. 7Herbert H. Smith, The Citizen's Guide to Planning, pp. 83-90. 37 8 -Colorado Revised Statutes, volume 12, section 31-23-214, p. 658. 9Lecture presented by Eric Kelly, Private Consul in Growth Management, Denver, Colorado, March 5, 1980. 10colorado Revised Statutes, volume 12, section 31-23-212, p. 657. 11Kirk ham, Jr., "Land Use Management in Colorado: Past, Present, and Future," The Colorado Lawyer, Vol. 6, October, 1977, p. 1781. 12Ibid. 13Ibid. 14Ibid. 15 Colorado Revised Statutes, volume 10, section 24-67-102, pp. 439-440.

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16 Dorse y , pp. 4-9. 17colorado Revised Statutes, volume 12, section 29-20-102, p. 132. 18Ibid. 1\Jickersham, p. 1782. 20 Colorado Revised Statutes, volume 12, section 29-20-104, pp. 132-133. 21 Colorado Revised Statutes, 1979, cumulative supplement, vol. 10, sections 21-65.1-103 and 24-65.1-14, pp. 206-208. 38 22Michael D. Petros and Raymond L. Petros, "Land Use Legislation: H.B. 1034 and H.B. 1041,11 The Colorado Lawyer, vol. 6, Octob er, 1977, p. 1697. 23wickersham, p. 1781. 24Ibid., pp. 1781-1782. 25 Kurtz-Phelan, p. 1720. 26 Dorsey, pp. 8-31. 27 Kurtz-Phelan, p. 1722. 28wickersharn, pp. 1781-1782. 29rnterview with Bill Crank, Town Manager, Town of Basalt, Basalt, Colorado, February 21, 1980. 30charlie Jordan, Background Discussion of Land Use Regulatory Enabling Legislation, a report to the Colorado Land Use Commission, Denver, Colorado, December 16, 1977, pp. 6-7.

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LAND USE REGULATIONS woo 0[}{] 0 [b \YAYJO[bfb @UJJ[ru 39

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Land use regulation can be an extremely touchy subject. This is caused partially by a lack of understanding about the goals of such controls. Any growth management system is most effective when clear, accepted, common goals are the ends the regulations are to achieve. Without such objectives, the purpose of land use measures can be confusing and meaningless or unfair. As goals and objectives change or are achieved, the regulatory scheme should be adjusted. In this way changing needs can be met and new technologies incorporated into the system to better meet community goals. As with planning, land use regulation is not static; it is a process. 40 One control cannot be adopted and be expected to perform effectively forever. Revision is required to ensure that whatever measures enacted continue to meet changing needs over time. If more problems arise than are solved, then the entire land use regulation system should be re-examined. The purpose of this section is to define the options available in land use control techniques. The chart on the following pages lists the controls alphabetically, defines each control, states its purpose, and reviews some potential problems with the actual use of the control. This is meant to be used as a general reference for use in the selection of the land use regulations most appropriate to meet community needs and objectives and manage future growth. In many cases, the pitfalls delineated in each description may be avoided simply by keeping them in mind when planning the ordinance.

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It should be remembered that no regulation is perfect. Any land use measure must be fine-tuned to fit each town's specific situation. Problems attributed to an adopted regulatory scheme should be corrected immediately rather than trying to "live with" them. The ordinances and regulations enacted should not be considered to be cast in concrete. It is when they are viewed as unchangeable that seemingly insurmountable problems between the ordinance and new development arise. To accommodate growth and change, local government must be willing to adjust its regulations to meet new and changing needs. 41

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REGULATION . AESTHETIC ZONING A.'rn EXATI ON BONUS/INCENTIVE ZONING CAPITAL IMPROVEPROGRAMMING DEFINITION Aesthetics are considered in establishing lot size, building height, setbacks, 1 density controls, etc. It is now being used as part of historic preservation and specific architectural controls. This involves the creation of a zone district based on beauty or aesthetics of the structures within the district. This is a power authorized by the State for local municipalities to add unincorporated contiguous territory to the municipality. As a land use regulation, it is used as a method of directing and timi ng development. This technique is used to encourage developers to contribute amenities to the community in exchange for which the developer is allowed to build without conforming to t!he zoning ordinance. This technique examines the current and future capacity of the town's utility systems and sets a schedule for their improvements and/or expansion. This schedule is used to determine where and how much and when new development can take place. PURPOSE This technique is used to maintain a type of design (i.e., Old 1-lest prevent incompatible design of new structures, or preserve and maintain historic areas. This is used to allow new development to coincide with established areas, and to allow for the expansion of towns. It gives more local control over unincorporated land. The purpose here is to allow flexibility in standard zoning and to encourage the donation of public facilities and amenities to the community. This technique is usually applied to specific districts, such as areas with commercial development. This is used to stimulate or curb growth according to a timetable for development based on expansion and capacity of public services, utilities and facilities. It is also used to ensure that adequate services are provided to new developments as well as to older areas of the tm.rn. POTENTIAL PROBLEMS To date there have been challenges to the legal basis for establishing aesthetic zones. Due process and the taking issue are both possible challenges to aesthetic zone districts. Georgetown's historic preservation ordinance has been successfully challenged.! Any given municipality needs goals and policies to determine if, when and under what circumstances the town is capable of absorbing annexation, both in the long and short-term.2 May be challenged on various grounds including due process. Developed for use in urban areas to extract additional amenities from developers to help pay the cost of maintaining residential development? Also are enforcement problems. May be problems with actually following established timetable. By holding up development in one area due to lack of utility capacity the overall cost may increase due to inflation and time delay. In Colorado, land use decisions made on this basis are authorized under H.B. 1034.

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REGULATION. CLUSTER/DENSITY EASEMENTS COHPENSABLE REGULATION DEFINITION This technique allows the established maximum density of a zone district of a given parcel of land to be used as the overall density for that parcel. Thus, a developer may increase the density of development on a portion of the parcel, as long as the total num ber of units does not exceed the maximum allowable density. This technique refers to the acquisition by government of full or partial rights to a piece of land. The land is acquired for the purpose of pro viding for the public benefit. The land may be used for a specific public purpose (i.e., a utility right of way) or the uses to which the land may be put may be restircted (i.e., scenic view rights of way which limit the height of buildings). The landowner is compensated for any decrease in value caused by regulations on his property. Land use is restricted, but the owner i s pensated. PURPOSE This method is used to: promote flexibility in subdivision design; encourage the construction of higher density, lower cost housing for middle-income residents; encourage variety in the housing stock of a community; encourage common open space; allow for better use of individual parcels and to allow developers to 5 place development on the best site. Its purpose is to control specific parcels of land for specific purposes. It is most successfully used in utility rights of way and road access. lt is used to preserve open space; as an interim measure to prevent development on land a town may want to purchase for parks or recreation; and as a means for a landowner to retain his/her property profitably. This method allows land to remain under provate mmership, thus decreasing the cost of public maintenance. POTENTIAL PROBLEMS iVhen open space is created in this manner, there is a maintenance problem and t h e question of who bears the cost of maintaining that space.6 This technique is intended for large developments and may not be appropiate for redevelopment of individual lots. Provision and placement of parking must be considered when clustering housing units. Cost is a major problem. How willing the landowner is to sell be a problem, although the power of eminent domain may be used to conder.n the land just compensation paid to t h e landowner. Cost of providing compensation is prohibitory. May be unpopular due to restrictions. Actual use is rare; there are few examples of how it works, and therefore few tests of its success as a land use regulation.7

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REGULATION CONDITIONAL CONTRACT ZONING ENVIRONHENTAL IMPACT DEFINITION A developer agrees with a community to use or build on his property in a specific manner . It is usually a case of a rezoning subject to a specific condition that only a certain type of development will be constructed on that parcel. Similar to Conditional zoning except that the developer or landowner agrees to put certain deed restrictions on the property in exchange for a desired rezoning. This is a process designed to evaluate the impacts of a proposed development on the environment. The development is assessed according to both positive and negative environmental effects. It is primarily advisory in nature and is advocated on the basis of r equiring the kind of information needed to make decisions about land use. PURPOSE This is used to allow flexibility in zoning. It allows property to be utilized for development which would otherwise remain undeveloped due to the zoning on that parcel. This method is used to allow flexibility in the zoning system. It increases the control government has over specific parcels of land. This method ensures that a proposed land use will be implemented by the landowner and to prevent that property from being used for any other use allowed under that zoning classification. This is used to ensure that impacts on the environment are considered in the evaluation of developments. It is designed to use environmental factors as the major determinants of the location, amount, and even type of development in any given area. POTENTIAL are major problems wtih the legality of method. It has been construed as being prima facie spot-zoning, which is unconstitutional. 8 There is also a problem with enforcing the conditions of the development.9 Again, this method has severe legal limitations. Basically, the zoning authority does not have the power to bargain away its legislative power to10 regulate land for the public welfare. Many Environmental Impact Statements just are not well prepare, and may not provide the necessary information for decision making. The Environmental Impact Statement itself does not provide the standards by which these impacts are reviewed; such standards must be set by each agency development and EISs.ll The entire process puts an additional burden on the developer, since it is he who must submit the report, and can delay development.

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REGULATION FEE AND TAX SYSTEMS* FISCAL ZONING FLOATING ZONES DEFINITION These methods are intended to generate revenue for the community, and, because of the cost involved, do have an impact on where development happens. One example is urban and rural service areas where tax rates can be established on the basis of the level of service each area receives. In its purest form, it is basing zoning decisions on increases in general revenues or decreases in general costs or both. A zone district is written into a community's zoning ordinance to provide for a specific need of the community, but it is not mapped (that is, no area within the community is designated that zone), except in response to specific proposals by developers. The float zone may be used to promote specific types of housing, industrial districts, etc. PURPOSE The main purpose of this method is to generate revenues, but different assessments have different effects on development. These can be used to inhibit development in certain areas, or to slow development simply by increasing the cost of developing. They are also used to maintain open space and agricultural land through preferential tax treatment to these property owners.12 It is used to protect the tax base of the community and to ensure that new development is paying its own way in terms of services and facilities. It is a means of reducing the burdens on the municipality's services and to gain higher tax revenues. This method allows flexibility in development proposals; encourages the private sector to meet the needs of the community. It avoids predeter m1n1ng land uses and prevents land values from increasing unnecessarily simply due to a zone designation.l4 POTENTIAL PROBLEMS The costs to the developer are usually passed on to the buyer, thereby increasing the market price of housing and commercial space, or other developm ent. The demand for development may totally supersede any effect this technique may have on controlling or directing development and growth. The system which determines fiscal impacts canbe difficult and confusing. It is most easily developed for communities with revenues almost exclusively from property taxes.l3 It is rarely used with few tests of its effectiveness as a land use regulation. Its effectiveness is limited due to the fact that no development may be proposed which conforms to ge requirements of the float zone. It is somewhat similar to the Planned Unit Development concept.l6

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REGULATION FLOOR AREA RATIO IMPACT ZONING INTERIM CONTROLS DEFINITION A ratio between the amount of floor area allowed in a structure and the size of the lot. A process whereby development is evaluated against a community's capacities both current and future. Desires and undesirable impacts are specified using performance standards, against which the development is evaluated . This approach incorporates cost-benefit analysis and the Environmental Impact Statement. Thus, within zone districts positive and negative effects of development are identified a nd the suitability of any proposed developments is weighed against these impacts. An effect of development may be an increase on the sewer system; with impact zoning, the developer is responsible for mitigating some of the effect of the development on the sewer capacity. These are controls or regulations enacted to prevent or restrict development until the planning process for a town has completed a land-use or comprehensive plan, and permanent regulations designed to implement that plans have been developed. PURPOSE To allow variety and flexibility in building design and shape. A structure may have any number of stories as long as it conforms to the established ratio. A ratio of 2.0 allows a 2-story building covering the entire lot, a 4-story building on half the lot, etc. This method is used to encourage land use decisions made on a factual basis, taking into account a community's ability to absorb new development. It allows for consideration, directly, of a community's facilities and goals as well as the environment. It provides incentives for locating development in areas most suitable for it.l7 It seeks to prevent a community from unnecessarily overloading its systems and encourages the developer to contribute directly to assisting a community in meeting the costs of additional development. This allows a "moratorium" on development during the planning process. Interim controls are intended to preserve the status quo so that any new development proposed will be in accordance with the plan being developed. They a r e used mainly to ensure that developmental proposals which may no t coincide with a proposed master plan are not authorized under the soon-to-be obsolete system of land use control. Thus, new development is reviewed so that it will comply with the oals of the communit as stated in the POTENTIAL PROBLEMS Administration and enforcement may be difficult and confusing. Setting up the system and d etermining what ratio is appropriate for different building uses may cause problems, especially in mixed-use areas. The cost to the community is substantial; it does require a large investment for base data. It also requires access to a computer system to late this information with proposed development.l8 The cost to the developer is also a problem. Mitigation of the impacts of a development may be costly a nd time consuming, increasing the overall price of the development and thus the cost to the buyer. The major problem is in determining what type of development/re-development may be authorized and prohibited during the planning period. New development proposals may be rushed in to the Plan ning and Zoning for consideration before the interim controls are adoped. Opposition to any change in the current of land use regulation may be quite strong.20

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REGULATION LAND-BANKING LARGE LOT/LOW DENSITY ZONING NATURAL HAZARDS DEFINITION A municipality or authorized public agency may purchase land to be held for future development or to prevent development. The land may be held in public mmership and leased out for private development, or it may be sold to private owners with deed restrictions. The establishment of zone districts with very large minimum lot sizes and very low densities. Natural features and hazards of the area are identified and zone districts established for these areas specifying land use restrictions for each district. Conservation zones might be agricultural districts, forestry districts; hazard zones include the floodplain, avalanche a reas, etc. PURPOSE This technique is used to phase/sequence development, to increase the control government has on the type of development which can occur on a parcel of land, and to preserve open space, create buffer areas around communities, and to preserve agricultural lands. It is also used to curb land speculation, prevent urban sprawl and to control unplanned growth.21 In rural areas this technique is used to prevent urban development to deter high density development which may be detrimental to the environment. It is also used to control population density on the basis of inadequate municipal services for large increases in population and to control the demand for services, such as schools.23 This is an attempt to apply traditional zoning to the environment. It is a mean of conserving resources while Ero viding recreational POTENTIAL PROBLEMS The cost is exteremely high; large amounts of money are needed to purchase enough land to be effective. Financing of a public land banking agency may be difficult. The use of eminent domain by such an agency may be questionable.22 The cost of developing large-lot, single family dwellings is relatively high, thus effectively qiscouraging moderately priced housing, and excluding certain economic classes from the area. It is difficult and expensive to provide utility services to such developments. The courts have invalidated large-lot/low density zoning on the grounds that it is discriminatory, but the courts are likely to u phold large-lot zoning in rural areas (to preserve the character of the area) but not in areas subject to development. 2 4 Usually no o ther land uses are allowed in these districts. These zones have not been effective in areas with high growth pressures, mainly due to land speculation and the availability of rezonings. Does not have a good track record in preserving the areas designated for preservation.26

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REGULATION PERFORMANCE STANDARDS* PERFORHANCE ZONING* PERMIT SYSTEM DEFINITION The identification and listing of acceptable levels of nuisance or impacts of development (as opposed to specifying acceptable types of uses). Establishes limits on the external effects of a development, development standards, which must be met by any development before it will be approved. A town is divided into zone districts and environmental features are identified as hazardous or in need of protection. On this basis any proposed development with an identified hazard on the site is allowed to build at the authorized district density, but only on that portion of the site considered to be developable. All development requires a permit which is issued after a review of the proposal on the basis of its impact on the coremunity. Most permit systems use points to determine whethe r a development meets all requirements of established community policies. A set total number of points means a development may precede. Performance standards are used to determine whether the policies have been met. PURPOSE Designed to address the problems faced in rural areas experiencing rapid growth. It essentially creates a working relationship between the community and the developer. The problems faced by the town are identified and solutions stated in the perform ance standards. The developer, by complying with the p erformance standards helps the community to mitigate its problem or achieve a stated objective.27 This technique is used to protect natural resources, prevent development in environmentally hazardous areas, and to flexibi ity in site design. 8 This system is used to direct the location and sequence of new growth; to ensure new development complies with community goals and facilities; to allow flexibility in development; to allow for the addition and subtraction of planning policies as community needs and attitudes change. This system encourages development on the most suitable land for development without predetermining what land may or may not be suitable.30 POTENTIAL PROBLEMS The cost to the developer in meeting design standards may increase the cost of development in the area. It can be difficult to apply and enforce these to environmental hazards. Administration may be difficult or confusing, There is basic background information needed to establish the performance standards, which is an additional cost to the community. Administration may be a problem, depending on the staff available to review proposed developments. The relative newness of the technique makes it difficult to predict its effectiveness. The community has the responsibility of providing detailed overall base information about the community to the d eveloper so that the developer needs only to provide information about the development itself.29 The initial cost for the base information needed to set policy and perform ance standards may b e prohibitive, especially in rural communities. Admin istration of the system may be con and may require trained staff.

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REGULATION PHASED DEVELOPI>IENT* PLANNED UNIT DEVELOPMENT* DEFINITION Controlled timing and location of development by establishing what land is most desirable or most necessary for development. This allows growth which will coincide with improvements and/or expansion of community facilities and services. A combination of zoning and subdivision regulations allowing large scale development involving a mixture of land and building uses which are integrated into an overall plan to provide a balanced development which compliments and existing community. PURPOSE This method recognizes that growth and change are inevitable and sets a process for the community to absorb change. It sets a time-frame on wh:ich raew growth can be based, controls how much and where new growth occurs, ensures the provision of adequate services.31 Used to promote flexibility in design and type of development and to promote mixed use development. It encourages the clustering of buildings on the site to pres erve open space and lower construction costs. It is designed for large scale development to promote variety in new developments. It is also used to allow for lower construction costs thus encouraging lower cost housing. 33 POTENTIAL PROBLEMS Th-1-s is some times challenged, but it is becoming generally accepted as a legitimate means of controlling development. Once a timetable is set, it may be difficult to alter it as needs and desires of the community change. The coordination of phased development is very difficult.32 Development may be delayed or prevented by the of the PUD ordinance and vague criteria, making it difficult and time-consuming for the d eveloper to comply. Open space maintenance and cost of that maintenance are also problems. The flexibility allowed may be applied arbitrarily by the community if it i s not backed by design criteria or performance standards. The decision making and review o f PUD proposals is split between the _board of adjustments, zoning administrator, the planning and zoning com mission, and the city council. Procedural safeguards are needed to protect both the community and the developer.34

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REGt;1..ATION POLICIES PLANNING QUOTA SYSTEMS RESTRICTIVE COVENANTS* DEFINITION A set of general statements (goals and objectives) which define the direction and character of future growth and development. Most effectively used as annual limitations on allowable growth (i.e., a number of building permits to be issued annually). May also be used to set absolute limits on growth, but this is highly controversial. One other technique is to set targets for new or additional employment and population, thus encouraging diversity in the community to stop a town from becoming solely residential. These are private agreements restricting land use which transfers with ownership. PURPOSE This is a broad framework for action providing stability and consistency in landuse decision making. It is used as the basis by which specific decisions on development, land use and growth should be made.35 These broad policies are used to determine and direct the actions necessary to encourage desired development and discourage incompatible development. It is an excellent tool in multi-jurisdictional areas because it delineates common goals and objectives which each governmental unit should strive to achieve.36 There are a variety of reasons for this approach, most notably of which is to lim:t or totally discourage growth to retain the character of a community. Also used to try to balance the type of development occurring; a community may encourage a variety of land-uses or discourage some land uses by issuing more of one type of permit than another or by allowing more of one type of development.37 Used to tailor land use regulations to specific sites and to allow more restrictive regulation of land than normally allowed under public regulation. POTENTIAL PROBLEMS Often the goal statements are too broad to be realized. Policies alone cannot accomplish the desired ends. Specific regulations must be enacted in conjunction with these policies in order to achieve them. This is an extremely controversial approach to land use regulation. Ceilings on growth greatly minimize the flexibility of any land use regulation system. It also may have the effect of drastically, and unnecessarily increasing land values by specifically limiting the amount the community may grow in a given t ime period.38 Little or no public direction or contro: over restrictive covenants. Very diffi cult to change or amend.39 VI 0

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REGULATION SITE PLAN REVIEW SPECIAL USE PERI-liT SUBDIVISION REGULATION DEFINITION The establishment of general rules and standards by which site plans of proposed developments are reviewed by local officials. This technique is used where certain types of development are considered desirable but require special control. The zoning ordinance must specify all the conditions which must be met before a special permit use can be approved. These are locally adopted laws which regulate the process of converting raw land into development. Specific criterion is set which must be met before development can take place. PURPOSE This technique is used to tailor development proposals to community goals and objectives. It is also used in subdivision review to ensure that the site has adequate roads, utilities, drainage, etc. It offers a process of negotiation through which effects of a development can be mitigated to the satisfaction of both the community and the de'!eloper. 40 Use to permit flexibility in the zoning ordinance. It recently has been used with net development to channel it according to municipalities comprehensive plan. Used to ensure that minimum standards considered vital for livable development are met by new developments and that the necessary services are provided.43 POTENTIAL PROBLEMS To effectively use this method, standards against which to measure the impacts of developlrnent must be established. There are problems with the legality of _using this method for all development without other land use regulatory controls; decisions may be construed as arbitrary.41 Also, the time-frame for review of the proposal may be used as a delay mechanism to discourage developmen. t and may increase costs of development. There are potential problems with this method being applied arbitrarily to similar situations in the community. It is limited in its use and effectiveness by the fact that it is tied specifically to those conditions specified in the zoning ordinance. This type of land use regulation tends to allow single family detached residential development only. It is fairly rigid and inflexible in the type of design. Tends to not promote the best use of a parcel, but merely the meeting of universally applied minimum standard.44

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REGULATION TRANSFER OF DEVELOPHENT RIGHTS (TORs) ZONING DEFINITION This is the technique of assigning a number of development rights to land based on its value, recommended density, etc. All parcels of land within the community are allowed a certain number of rights. Development on any given parcel may occur only if that parcel has the proper number of development rights. Rights may be sold and transferred from one parcel to another within a defined district, rather than to anywhere in the community. The division of a town or county into districts and the regulation within each district of building use, land use, density, coverage of lots, bulk of structures, etc. Traditionally zoning has focused on different types of land use and their.location in relation to one another to provide a balanced community which serves the needs of all its current and potential future residents. PURPOSE Used to preserve open space by allowing the land desired as open space to be marketable by permitting the owner to sell his development rights to other property owners. Basically TDRs take the burden of land designated as undevelopable off the property owner by allowing profit based on the transfer of the right to develop. Has been used to protect and preserve the single family house neighborhood. Used as a means to maximize property values and preserve the status quo.4 7 It originated as a control over land uses considered as nuisance or health hazardous to residences and to ensure adequate housing is provided in a com munity. Zoning sets standards of acceptable uses or different areas in the community. POTENTIAL PROBLEMS This system is complicated to administer; a quasi-public agency needs to be established to handle the transfers. Problems arise in determining the number of rights to assign to any given parcel and how to assign them.45 The concept of allowing higher density development in one area because another is preserved may not hold up over time, and density may actually increase overall. It can be highly speculative, raising costs and development cost.46 It is considered rigid and inflexible and inappropriate to promote new growth or just to control new growth. It does not allow flexibility in design of development or natural mixture of land uses and building types. It assumes that all similar development has a similar impact on the community and allows or prohibits development without an analysis of the actual impacts of the development.48 It can be difficult to administer because it does not and may not be able to address the problems and needs of the community and does not allow for changes in technology, community conditions, public attitudes, all of which affect development.49

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53 Footnotes 1south of Second Association vs. Georgetown, 580 P 2nd 807. 2Michael E. Gleeson et al., Urban Growth Management Systems: An Evaluation of Policy Related Research, p. 44, and William I. Goodman and Eric C. Freund (eds.), Principles and Practices of Urban Planning, p. 398. 3 Gleeson, p . 40. 4rnterview with Charlie Foster, Planner, Colorado Division of Local, Planning Division, Denver, Colorado, February 11, 1980. H. Smith, The Citizen's Guide to Planning, p. 162; Gleeson, p. 40; Goodman, p. 431. 6Eric D. Kelly, Land Use Control, p. 55. 7 Gleeson, p. 35. 8Ibid., p. 39. 9Richard F. Babcock and Fred P. Bosselman, Exclusionary Zoning, Land Use Regulation and Housing in the 1970's, p. 78. 10 Gleeson, p. 39. 11 Kelly, p. 9. 11. 12 Gleeson, p. 44. 13 Kelly, p. 8.9 14Ibid., p. 2.10 15rbid. 16 Babcock, Exclusionary Zoning, p. 80.

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17Frank Schnidman (ed.), Management and Control of Growth Techniques in Application, p. 43. 18Ibid., p. 44. 19 Gleeson, p. 46. 20Ibid. 21Ibid., p. 35. 22Ibid., p. 36. 23Ibid., p. 42. 24Ibid. 25 202. Goodman, p. 26Ibid., PP 202-203. 27 9.14. Kelly, p. 28rnterview with Mike Frank, Planner, Buck's County, Pennsylvania, Doylestown, Pennsylvania, 7/10/79. 29 Kelly, p. 13.2 30schnidman, pp. 185-188. 31 Goodman, p. 206. 32 Kelly, p. 6.9. 33 Babcock, Exclusionary Zoning, p. 73. 34Ibid., p. 76. 35 Goodman, pp. 331-332. 36Ibid., p. 332. 54

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55 37 Gleeson, p. 40. 38 Reference growth management systems used in Aspen and Boulder Counties in Colorado. 39 Gleeson, p. 39. 40schnidman, p. 36. 41rnterview with Jim Kuziak, Planner, Gunnison County, Colorado, Aspen, Colorado, April 2, 1980. 42 Gleeson, p. 40. 43s . h m1t , p. 88. 44 Kelly, pp. 3.1-3.2. 45Ibid., p. 12.2 46rbid., p. 12.10 47 Richard F. Babcock, The Zoning Game, Municipal Practices and Policies, pp. 115-117. 48schnidman, p. 184. 49Ibid.

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PUTTING IT ALL TOGETHER [}{]@\YAY] l[[}{][g 56

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The next step in determining what regulations are most suitable in the rural setting is to match community goals with the land use controls designed to accomplish them. Knowing the options available and their purposes expands a town's ability to design a land use management system to meet its needs. To illustrate how to do this, recommendations on how Basalt can achieve its goals are outlined on the following chart. This chart also explains some actions and/or attitudes Basalt ought to adopt to achieve its goals, and how those actions translate into specific land use regulations. 57

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COMMUNITY GOALS I. HOUSING A. To provide for affordable and diverse housing types to accommodate people in all income ranges. B. To encourage rehabilitation and renovation of the existing housing stock. C. To encourage housing which is compatible with the environmental of the community. II. THE ECONOMY AND SERVICES A. To encourage increased business opportunities. B. To encourage light industrial activity in the area, to increase the job market. THIS MEA.."iS THE TOWN SHOULD: • • • allow a developer to use building and design techniques which help to cut his development costs. • • • be willing to streamline procedures for building permits and provide some economic incentive for upgrading property; i.e., allowing a renovated single-family home to be used as a duplex. • • • require site specific information from the developer about the impact of the development on identifield environmental concerns and set guidelines for the mitigation. • • • designate areas for business development and provide economic incentives to encourage business to locate in the town. . • • designate possible areas for industrial development and provide economic incentives to encourage industrial activity. HOW TO MEET GOALS Cluster Zoning Impact Zoning Planned Unit Development Performance Standards Floor Area Ratio Special Use Permit Performance Standards Impact Zoning Aesthetic (Historic) Zoning Impact Zoning Performance Zoning Planned Unit Development Performance Standards Natural Hazards Zoning Float Zones Compensable Regulations Fee and Tax Systems Performance Standards Planned Unit Development Special Use Permit Float Zones Compensable Regulations Fee and Tax Systems Performance Standards Planned Uni t Development Special Use Permit

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c. COMMUNITY GOALS To maintain the tax base of the town. D. To ensure the provision of adequate utilities and services to all residents III. THE ENVIRONMENT-MAN-MADE A. To preserve the historic aspects of the community. B. To maintain the rural character of the area C. To encourage the maintenance of an open space greenbelt around the municipality THIS MEANS THE TOWN SHOULD: • • determine the costs and revenues generated by any project to ensure new development will pay its own way. ••• evaluate current demand against current capacities and future demand, and encourage new development to contribute directly to the expansion or improvement of services and utilities and not overload the town's service systems. • • • identify historic structures and areas, create guidelines and economic incentives for their preservation. • • • be willing to encourage compact development and preserve the open space around the town. • • • establish incentives for maintaining land as open or agricultural and be willing to keep development within established utility and service districts. HOW TO MEET GOALS Capital Program Fiscal Zoning Impact Zoning Capital Improvements Program Fiscal Zoning Fee and Tax Systems Impact Zoning Aesthetic (Historic) Zoning Performance Zoning Compensable Regulations Transfer of Development Rights Floor Area Ratio Capital Improvements Program Per ft mance Zoning Land-Banking Scenic Easements Land-Banking Transfer of Development Rights Cluster Zoning Performance Zoning Capital Improvements Program Natural Hazards Zoning Performance \ , 'I .;. 1..11 \0

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CoMMUNITY GOALS IV. THE ENVIRONMENT-NATURAL A. To preserve and protect environmentally sensitive areas B. To preserve and protect riverside ecology V. PARKS AND RECREATION A. To provide and develop parks to serve the recreational needs of all age groups VI. COMMUNITY GROWTH A. To encourage growth and new development in a manner which complements and enhances the character of the town B. To provide for a variety of types of growth to serve a diverse population THIS MEANS THE TOWN SHOULD: • • • allow development only on those areas identified as most suitable for development, avoiding environmentally critical and hazardous areas. • • • set guidel i.nes for riverside development, encouraging preservation of the rivers and vegetation and wildlife they support. • • • be willing to designate and acquire open land in town to be developed and maintained for recreational use; support of a special district may be appropriate for park maintenance. • • • establish guidelines to evaluate development against com munity goals. • • • be willing to consider a variety of types of development, allowing flexibility from set rules. HOW TO MEET GOALS Natural Hazards Zoning Performance Zoning Planned Unit Development Cluster Zoning Performance Standards Easements Natural Hazards Zoning Performance Zoning Performance Standards Easements Land"Banking Cluster Zoning Planned Unit Development Fee & Tax Systems Bonus Zoning Capital Improvements Program Performance Standards Performance Zoning Impact Zoning Cluster Zoning Pla nned Unit Development Performance Standards Performance Zoning Impact Zoning Spe c ial Use Permi t / ..... . , .. -0'\ 0

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OOMMUNITY GOALS C. To preserve and maintain the compact nature of the town D. To encourage development to positively address the goals and needs of the community THIS MEANS THE TOWN SHOULD: • • • encourage new development to locate within the existing town and its service boundaries. • • • be willing to evaluate development on the basis of what it does for the community, now how well it matches set rules and regulations. HOW TO MEET GOALS Performance Standards Capital Improvements Program Annexation Policies Fee and Tax Systems Cluster Zoning Performance Standards Performance Zoning Planned Unit Development Policies Planning Capital Improvements Program Fiscal Zoning Special Use Permit ! ( .........

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Why are these land use regulations considered the most appropriate for the rural situation illustrated by the case study? This can best be answered by briefly reiterating the kinds of development possible under each of the recommended controls as related to the specific goals listed: Housing 62 Housing diversity can be promoted by n! setting rigid standards for lot size, and lot coverage and allowing flexibility within land use regulations. Development costs are cut if units are clustered rahter than strung out on a grid-iron pattern because fewer materials are required for the installation of utility lines and roads. Lowering development costs helps to lower housing costs when the units are marketed. Often, flexibility in the land use code, as with floor area ratio, special use permits, and performance standards, allows new and/or cheaper technology and materials to be utilized, also lowering the investment. These are the kinds of things which can promote diversity in the housing supply of a community. Renovation of housing is more difficult to influence by government regulation, unless the government buys the units, renovates them and resells them. The market, probably more than any other force, determines the desirability of rehabilitation over new development. However, government can indirectly influence renovation simply by making it more worthwhile. An historic designation may entitle the owner to tax breaks; performance standards and impact zoning

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63 may direct development away from certain areas and thus make rehabilitation both desirable and profitable. Fiscal rewards are an expensive, but effective, means of encouraging reinvestment in the older housing stock. The impact of housing on the environment can be difficult to foresee. Environmental regulations on such potential impacts are needed to avoid dangerous areas, i.e., flood plains, avalanche or landslide areas. These environmentally sensitive or hazardous areas should be clearly identified so development can occur around them but not in or on them. The tools listed all allow development to be located so that it avoids such areas without actually prohibiting development. The Economy and Services Stimulating local business opportunities, both commercial and industrial, cannot be accomplished solely with land use controls. However, land use regulations can help create a setting which encourages businesses to locate in that community. Often, fiscal incentives are offered to business enterprises, i.e., lower tax rates, or lower fees for building permits or utility hook-up. PUDs permit different land uses to be integrated on one parcel, encouraging the possibility of land to be designated in new development for business use. Float zones can be used to indicate that business development is desired and encouraged. By designating land for business use or using float zones the municipality is sending a "yes, we're interested" signal to the business developer.

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64 Maintaining the community's tax base and providing services are fiscal considerations of the cost versus the money generated by local revenues. The tools listed are specifically designed to review new development on a cost-benefit basis. Capital improvements programming allows the community to balance its revenues against current and anticipated demands. Thus, needed public improvements can be prioritized in accordance with the funds available, and additional funds can be sought for future projects. Environment--Man-Made Historic preservation is encouraged greatly by fiscal incentives. Historic zoning helps to prevent old structures from being destroyed and to keep new incompatible development out of historic districts. It does not ensure the maintenance o{ historic areas. Performance zoning and standards work in the same manner: compensable regulations and TDRs, both costly, offer monetary rewards as incentives for preservation and help encourage upkeep. Floor area ratio regulations can be vital in preserving the scale of historic areas by preventing total build-out of lots. Thus, new additions and/or structures will not dwarf the historic features of a neighborhood or area (i.e., a 1 6-story condominium on either side of a Victorian 2-story). The rural atmosphere can be preserved by using a CIP to influence where and how much development occurs through phasing and location of services and improvements. Performance zoning and standards can be used to set guidelines for new development to ensure that it blends

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with the existing character of the town. Land-banking and scenic easements, both expensive investments, can be used to purchase land to preclude it from being developed, or to phase its development in keeping with town policies. 65 The maintenance of rural agricultural land is becoming quite costly to the individual owner, as well as individual towns. A CIP can be used to discourage development in open land by not programming utility services for that area. Cluster zoning, performance zoning and PUD all promote cluster development with the majority of the parcel left as open space. Maintenance of this space is usually the responsibility of a home owners association, rather than a town accepting dedication of the land due to the continuing maintenance cost. Performance standards can set guidelines requiring a certain percentage of open space in new developments. Land-banking and TDRs provide monetary incentives to the individual owners to keep their land.in agricultural use. Environment--Natural Each tool listed is designed to protect the environment, and prevent development on identified critical or hazardous areas. Easements can be used to specifically prohibit development by the locality acquiring a "right-of-way," i.e., scenic easements, across the hazardous portion. The other tools listed all allow some development, usually at a higher density, but only on the developable portions of the parcel.

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66 Parks and Recreation Land-banking can provide the land needed for park development through direct acquisition. Cluster zoning and PUD allow for common open space in development. Some of this may be required as a dedication to the town for park land or deeded as park land under a home owners association. Fee and tax systems may be used to raise the funds to support land-banking or for outright acquisition. Growth All the techniques listed influence growth in some way, as does absence of land use controls. These techniques all conform to the basic policies already discussed. They provide a means for the municipality to direct growth, its location, the type, and even how much, how fast. A CIP is a key factor in achieving this system because development can be denied on the basis of the provision of services.2 Two techniques not used in any other category deserve special explanation. Annexation policies can be used to gain control over developing areas to ensure development occurs in harmony with community goals.3 Policies planning provides decision makers with a set of statements or directives to guide them in determining what is acceptable for their own policies can be used to determine a development proposal's positive and negative impacts on the town and where new growth should be located in relation to existing development.

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67 The previous chart also indicates that some regulations are suitable for a variety of goals, while others are specific to one goal or set of goals. The land use controls most appropriate for the town will usually be those which meet the most community needs. Fewer regulations guiding land use means less administration is needed, and greater chance for understanding by government officials, residents, and developers. Of the controls listed there are some which are not, at this point in time, considered effective for small rural towns: impact zoning, compensable regulations, fiscal zoning, transfer of development rights, landbanking easements, and bonus zoning. The reasons these are not appropriate are because (1) administration may require professional staff and may be expensive, (2) to set up the system requires too large an investment for the small town to support, even in the long run, and (3) the technique itself requires large amounts of money to acquire and update base data. Decisions about any land use control system should be weighed on the basis of the local perception of their ability to finance and administer it. The recommendations made in the next chapter are based on these financial and administrative considerations. Thus emerges a practicable system by which rural municipal government can effectuate its policies.

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, Footnotes 1Interview with Karen Smith, Planner, Aspen-Pitkin County Planning Department, Aspen, Colorado, April 2, 1980. 2r . . h nterv1.ew Wl.t Local Affairs, Dept. 1980. Charlie Foster, Planner, Colorado Division of of Planning, Denver, Colorado, February 6, 3william I. Goodman and Eric C. Freund (eds.), Principles and Practices of Urban Planning, p. 395. 68 •

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RECOMMENDATIONS 69

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The land use controls recommended as most appropriate for the rural town situation, as illustrated by the Basalt case study, are a combination of policies planning, cluster zoning, capital improvements programming, planned unit development, performance standards, performance zoning or natural hazards and aesthetic zoning. Performance zoning, as defined in this project, is similar to a combination of cluster, natural hazards and aesthetic zoning. The basic difference is the name and the consolidation of these three concepts into one process. The recommendations are all relatively easy to administer and relatively inexpensive. Some base date is required before these methods can be implemented, but any land use control system could be founded on easily accessible information. Here is what each of these methods can do for a town: Cluster Zoning Cluster zoning helps to decrease construction costs, increases diversity of housing and allows for the mixing of housing types and densities within a district. It can also be used with natural hazards zoning and in PUD design to allow the full development potential of a land parcel while avoiding environmental hazards. Capital Improvements Program A CIP clearly defines the capacity of the municipality to provide services and maintain public facil+ties. It is a very effectives tool to direct the location of new development, since growth tends to locate where it has access to services. It can also be used to 70

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71 encourage phasing of development to prevent the over-extension of current services and facilities. It does not require complicated rules, regulations, or administration, making it an excellent device for rural areas. What is needed for a CIP are some facts on current demand and capacity, and projections about future demand. The areas most suitable for service improvement or extension should be identified in the context of this information. Planned Unit Development PUD functions similarly to cluster zoning, but is geared for large parcel design and the mixing of land uses. It permits flexi-bility in design, housing, types of use, and allows local officials to review the actual site for its compatibility with the existing town structure. This review process encourages negotiation between local government and the developer to create a plan which is mutually acceptable and beneficial. Esthetic quality is heavily emphasized . by careful attention to meaningful open space, road design, parks, existing physical features, and natural vegetation as well as construction design •.. In mountains environments where slope, vegetation and soil stability are critical, PUD is an especially effective method of development ..• high density is permissible in areas of low impact danger, while more fragile areas are left intact. . . . PUD not only restricts development to areas most capable of withstanding high impact, but also reduces the need for installation and distribution of gas, electric and telephone services. Road construction and maintenance is also minimized, thereby lessening vegetation and soil disturbance.1 Performance Standards Performance standards have traditionally been used with indus-trial districts and uses to mitigate unpleasant effects such as noise,

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smoke, glare and odor. However, more and more these standards are being used as guidelines against which new development is measured and evaluated. These statements are tangible measures of impacts to be avoided, prevented, or are considered beneficial and should be encouraged. This gives local officials some basis for determinipg whether a proposal complies with community goals. Negotiations between the town and the developer to resolve the proposal's impacts is encouraged, rather than judging whether or not it meets all the hurdles of the application process. Performance standards bring a measure of quality control into the evaluation of new land use. Performance, Natural Hazards, Aesthetic Zoning Environmental considerations, such as those in the case study, can be met and still permit development by using natural hazards zoning in conjunction with aesthetic considerations. Performance zoning blends these two approaches with aesthetic considerations. Thus, it can be applied to the environment as well as to the designa-tion and preservation of historic areas. For instance, historic areas can be protected by allowing denser development elsewhere in the historicaldistrictor on the property. Performance zoning also effectively blends aesthetic and environmental values with the need to provide diverse housing in a variety of price ranges. It is designed to allow new development flexibility in exchange for pre-serving designated areas or mitigating identified needs. However, given citizen resistance to any change, the separate use of natural 72

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73 hazards and aesthetic zoning in conjunction with cluster zoning may be more acceptable to local residents, and therefore easier to implement. This depends on how willing the town is to consolidate the land use code and use the process of negotiation, rather than trying to pre-determine what development and activities are acceptable. The consolidationandstreamlining of rules and regulations wherever possible is highly recommended. This decreases the need for interpretation of ordinances, makes for easier administration, and decreases the time involved in reviewing proposals for compliance. The more concise and understandable the system, the easier it is for everyone involved to use and understand. Less misues and misunderstanding about the regulations will happen. Additionally, negotiation, although it may result in arbitrary decisions, creates a dialogue through which new solutions to problems can be realized. It does not completely close the door on a new idea or technology, and it brings the developer directly into the process of helping a town solve its specific needs. Policy Planning The use of policy planning is fairly easy and can be very effective. It sets out official statements which document adopted goals and objectives. Thus, an overall framework for the future direction of a town is specified. These policies should guide government officials in their decision making and serve as a check to ensure new growth is consistent with local goals. It should be

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used as the basis on which development will be approved or denied. Policy planning is the glue which makes the various land use regulations adopted work in a concert toward common ends. 74

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75 Footnotes 1 Dr. Wilbert J. Ulman, Mountain Recreational Communities and Land Use, pp. 50-52.

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CONCLUSIONS OlJ@[g rruwuoo D 0 oWOOW \ 76

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77 The purpose of the project was to describe what land use techniques are best suited for rural communities, the premise being that some controls are more applicable to meet their problems. The previous chapter delineates those regulations meeting this criteria. However, it cannot be unequivocally stated that these techniques are applicable solely to rural situations, or that other controls may not be useful to the small town. The urbanity or rural nature of a municipality do not in and of themselves determine which land use regulations will work there. Land use controls are designed to solve specific community objectives and problems, regardless of its location or development stage. Thus, the project's basic premise that some regulations are better, automatically, than others in the rural setting is not completely accurate. A major determinant in the success or failure of a regulatory system is its administration and enforcement; the commitment made by government officials, staff, and residents to support their growth management system. For any regulation to work effecgively, everyone must be willing to ensure that their town's regulations are fairly applied to all situations. A number of events lead me to this conclusion. First and foremost is the reaction of the Basalt Planning and Zoning Commission to the recommendations of the project. One of the original reasons for conducting this study was as an answer to complaints from that Commission about the inadequacy of the town's zoning ordinance to control the development occurring there. Therefore, in presenting the results

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• 78 to the commissioners, one might anticipate some positive and enthusi-astic reactions to the discovery of different land use regulations which directly address their problems. The reaction to the recom-mendations was less than positive. It was, in fact, "Well, all these different approaches are neat, but we don't need anything new and fancy here. Zoning is what we know how to use."1 This reaction reflects an unwillingness to change the status quo and rock the boat of the established power structure. It also shows very little desire to even try to understand how land use regulations can be used to solve or mitigate their problems and thus achieve identified goals. The problem in Basalt was not really dissatisfaction with the land use regulation system itself , but with how i t was and is being administered to address the town's needs. It has been the admin-istration and enforcement of the local zoning code that has caused fl. h f h . 1 f 1 . 2 con 1ct, not t e use o t at part1cu ar type o regu at1on. Adding to this dilemma is the fact that the ordinance has not been enforced over a period of time, and it is now impractical to do so. The illegal conversion of single-family homes into duplexes is a result of poor administration and enforcement, not a consequence of the zoning tool. This problem can also be partially blamed on lack of foresight by the authors of the zoning code regarding the future housing needs of the area. Another factor that leads to the emphasis on conscientious administration the land use regulatory system is the reaction o f various professionals to the results of the study. Overwhelmingly,

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the professionals felt traditional district zoning i s most e ffective in rural municipalities (but not for rura l counties).3 Traditional zoning offers the rural town the most explicit rules and regulations to control development. It is also one of the few land use regula-tion methods explicitly authorized by State enabling legislation. The Act also spells out the procedures for adoption, regulation, and 79 enforcement. Thus, it gives low-budget governments a fighting chance in the growth management war. Traditional zoning was not recommended by this study because of its tremendous criticism running throughout the planning literature. This criticism focuses on zoning's ineffectiveness in controlling the character of new development; its tendency to maintain the status quo; the artificial monetary value it places on land; and its lotby-lot, piecemeal approach to development.5 The general consensus among the Colorado professionals is that zoning should be used with performance standards and a Planned Unit Development district. These two additional regulations will allow some flexibility and quality control in municipal growth management. The reason these more traditional approaches were endorsed by the professionals was because of the feeling that small local governments could not effectively use discretionary power (and negotiation). Without expertise or the finances to hire and keep a full-time planning staff, discretionary power can become confusing and arbi-6 traty. Zoning, used in conjunction with PUD and performance stand-ards, allows some flexibility, but not so much that the local

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government loses both its credibility and its control over the quantity and type of growth. 80 These recommendations also require responsible administration and enforcement. The situation in Basalt is a prime example of this. Basalt's land use management system now consists of zoning and PUD, but no performance standards. Their ability to manage the pressures for growth under this system is almost negligible. No controls are self-administered; they all work only as well as the government applies them. The commitment to faithfully and equitably enforce and use the adopted land use code is just as important with the traditional techniques as with the more innovative methods recommended by this study. In terms of the study recommendations, they should not be construed to mean that any one system or combination of land use regulations is superior. They are meant to be used as constructive examples in evaluating which regulations might be used to solve or mitigate various community problems. It must be remembered that use of a land use control which is designed to achieve desired ends is only part of the answer. The task is made much simpler if the proper tool is used, as in carpentry, but skill, knowledge, and commitment are also needed to create the desired product. How well a land use control is applied is a key factor in determining how well it addresses a specific situation. Effective land use controls are a product of careful and equitable administration, and a commit ment from all involved to adhere to the regulations and demand

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compliance when the regulations are broken. This is what makes a land use regulation system work for a community, rather than against it. 81 To create such an atmosphere of checks and balances is not an easy nor quick task. A small town planner could effectively use the original approach of this project; educating and informing the people about what they can do to solve their problems and how land use regulations work. A town could implement the measures recommended herein, but only with the prior education and approval of its citizens and officials. It is the responsibility of both residents and elected officials to make the decision regarding the regulations they can live and work with. Building a balanced atmosphere, open to new and different ideas in which consensus can occur, requires at least the following actions: 1. The promotion of citizen awareness through public information sessions where a dialogue can be created between residents and government. Information is exchanged, not merely doled out by the experts. 2. The promotion of government official's awareness of the issues and their potential solutions. This can be established by present-ing residents' opinions and ideas to officials as well as staff evaluation and data. Here, the planner should function as a liaison between the government and the residents. 3. The presentation of examples of where advocated land use control tools are already in use to illustrate how they work.

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4. A comparison of the town's current land use control system with other methods to show how the locality will grow and change under different regulations. 5. The use of simple and straightforward guidelines for the administration and enforcement of land use regulations to remove the obstacle of "how do we do this?" 82 These are some initial steps in an on-going process of community growth both physically and socially. They should be used as broad strategies to help citizens and officials achieve a better understanding of land use regulations and how they work. In summary, even with careful selection of regulations, a land use management system can fail miserably. The success of any regulatory scheme is dependent on understanding the technique (what it can and cannot do); knowledgeable and responsible officials, willing to make it work; concerned and aware citizens, willing to adhere to the regulations; and a commitment by all to remedy non-compliance immediately. It boils down to taking the responsibility to administer and enforce the regulations in accordance with the goals and policies of the community, not the needs of the individual residents. Nevertheless, even with conscientious, knowledgeable implementation, local government is restricted in its ability to effectively meet the demands of growth. In the final analysis, a major deterrent to effective growth management at the local level is the lack of substantive power delegated by the State to statutory municipalities. For the State to expressly authorize local government to regulate

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land use withou t specifying the means available to do so is more destructive than beneficial. It creates confusion and fear of legal battles and acts as a disincentive to implement new approaches to land use management. The intent of this broad, but vague, grant o f power may be to allow local government, rather than the State, to determine what kinds of controls it needs; but that is exactly all the current legislation authorizes. Local government does not also have the same specific grant of power to implement any control it deems appropriate. The legislation offers no guarantee from the State that the actions deemed necessary and appropriate by local officials will be upheld as valid under current state law. This creates more frustrations than it alleviates. If innovative approaches are initiated, chances are high that they will be challenged and the town will be involved in a lawsuit. The probability of the regulations withstanding judicial scrutiny cannot be predicted. Rather than risk high expenditures on legal fees, only to have to go back to the drawing board, a town is likely to stick with a s ure thing, namely zoning. H.B. 1034 and H.B. 1041 are feeble attempts to strengthen local government' s ability to effectively manage growth and land use. No additional powers are expressly delegated, except the permit system in H.B . 1041, nor are any expressly denied. This reflects the Legislature's unwillingness to "bite-the-bullet" on growth manage ment issues. They are essentially passing-the-buck back to local 83

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government, without any clarification of the powers and responsibilities of local government to manage growth. 84 If the State does not take the initiative in advocating and implementing programs for growth management, all the little measures enacted (zoning, subdivision, and PUD) will be overwhelmed by the ever-increasing influx of people into this state. Statutory towns, as creatures of the State, act as advocates for the explicit legislation necessary to solve the growth dilemma in Colorado. The role of the State in the.resolution of growth issues is infintely greater. State government must take affirmative action for planning which creates an environment capable of supporting and enhancing the lives of its residents. The current attitude of the Legislature does not reflect solid support for planning. The lack of this much needed support undermines all efforts at the local level to plan for growth. It actually supports the "plan-as-you-grow" concept and discourages local government from accepting and using planning as a tool to solve its problems. Thus, in Colorado, the responsibility for achieving effective growth management and the implementation of effective land use regulations lies with both local government and, to an ever greater extent, the State. The legislature must realize its role in creating statutes which will fully support efforts at all levels to plan for and manage growth. Only an explicit and positive attitude toward planning and growth management can effectuate an atmosphere conducive

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to creating the living space and environment desired and needed by current and future residents. The conclusion of this study cannot completely support the premise that certain land use regulations are ineffective in the rural setting, and thus may actually add to rural growth problems. Rather, the study indicates that effective land use regulations anq growth management in any municipality are functions of: 1) the locality's understanding of and ability to fairly and consistently administer and enforce its land use regulations, and, 2 ) the State's acceptance of its role as an initiator of growth management and use of its authority to provide municipalities with the support and specific planning tools they need to manage their growth pressures. 85

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86 Footnotes 1Interview with Dick Ducic, Chairman--Basalt Planning and Zoning Commission ' , Basalt, Colorado, April 2, 1980. 2References discussion in Chapter 2 on Basalt's Land Use Pattern. 3Interview with Karen Smith; Interview with Jim Kuziak; Interview with Gerry Dahl. 4 Reference CRS, 1973, Vo .. 12 Sections 5Richard F . Babcock, The Zoning Game Municipal Pratices and Policies, pp. 116-117. Kirk Wickersham, "Land Use Management in Colorado: Past, Present and Future," The Colorado Lawyers, p. 1784. 6Interviews in Footnote 3.

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BIBLIOGRAPHY 87

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j 88 BIBLIOGRAPHY Books and Periodicals Babcock, Richard F. The Zoning Game, Municipal Practices and Policies. Madison: University of Wisconsin, 1969. Babcock, Richard F., and Bosselman, Fred P. Use Regulation and Housing in the 1970's. Publishers, 1973. Exclusionary Zoning Land New York: Praeger Dorsey, Theresa W., and Salek, Fredrick. The Law of Planning and Land Use Regulation in Colorado. Third Edition. Denver: Colorado Chapter of the American Institute of Planners, 1975. Gleeson, Michael E. et al. Urban Growth Management Systems: An Evaluation of Policy-Related Research, Report Numbers 309 and 310. Chicago: The Planning Advisory Service, n.d. Goodman, William I., and Freund, Eric C. Principles and Practices of Urban Planning. Washington, D.C.: International City Managers' Association, 1968. Kelly, Eric D. Land Use Control. Washington, D.C.: Federal Publications, Inc., 1979. Kurtz-Phelan, James L. "H.B. 1041: A Step Forward Responsible and Accountable Land Use Decisions." The Colorado Lawyer, Vol. 6 (October, 1977), pp. 1718-1729. Schnidman, Frank (ed.). Management and Control of Growth Techniques in Application, Volume IV. Washington, D.C.: The Urban Land Institute, 1978. Smith, Herbert H. A Citizen's Guide to Planning, Revised Edition. Chicago: Planners Press, 1979. White, Michael D., and Raymond L. "Land Use Legislation: H.B. 1034 and H.B. 1041." The Colorado Lawyer, Vol. 6 (October, 1977), pp. 1686-1716. Wickersham, Kirk Jr. "Land Use Management in Colorado: Past, Present and Future." The Colorado Lawyer, Vol. 6 (October, 1977), pp. 1778-1786. 86

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Memorandums, Surveys, Reports Donnelly, Tom et al. The Roaring Fork-Frying Pan Study. A report prepared for the Town of Basalt under the Colorado Rural Communities Program, Colorado Mountain College, and the University of Colorado at Denver, August, 1979. Memorandum by Gail Hill, DRCOG Division of Planning Services, on "The Legal Basis for Phased Extension of Services and Utilities by Local Government ... ,"Denver, Colorado, November 30, 1977. Hemorandum by Charlie Jordan, Colorado Land Use Commission, on "Background Discussion of Land Use Regulator Enabling Legislation," Denver, Colorado, December 16, 1977. Town of Basalt. "Household Opinion Survey," conducted by the Town of Basalt, June, 1979. Interviews, Meetings, Lectures R9 Basalt Planning and Zoning Commission Meetings, Basalt, Colorado, January 16, 1980, February 21, 1980, March 6, 1980, April 2, 1980. Interviews and meetings with Mark Murphy, Small Towns Coordination, Center for Community Development and Design, Denver, Color'ado, conducted weekly, September 1979-March 1980. Lecture presented by Eric D. Kelly, Private Counsel in Land Use, Denver, Colorado, March 5, 1980. Personal Interview with Bill Crank, Town Manager, Town of Basalt, February 21, 1980. Personal Interview with Charles Foster, Planner, Colorado Division of Local Affairs, Department of Planning, Denver, Colorado, February 11, 1980. Personal Interview with Jim Kuziak, Planner, Gunnison County, Colorado, Aspen, Colorado, April 2, 1980. Personal Interview with Ann Moss, Landscape Architect, RSWA, Inc.Denver, Denver, Colorado, March 11, 1980. Personal Interview with Karen Smith, Planner, Aspen/Pitkin County Planning Department, Aspen, Colorado, April 2, 1980.

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Telephone Interview with Mike Frank, Planner, Bucks County, Pennsylvania, Doylestown, Pennsylvania, July 10, 1979. Telephone Interview with Blake Jordan, Lawyer, Colorado Municipal League, Denver, Colorado, February 4, 1980. 90

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APPENDIX u rPl6@W 91

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fJocv11 o/ !Ba1aft Ph.ont. 921 • 3322 c:P. D. !Eo" Q !Ba1aft, Cofotado S1621 June, 1979 Dear Neighbor: This is a household opinion survey, the purpose of which is to provide you with the opportunity to voice your opinions and preferences on a wide range of Basalt area topics and issues. The information obtained from 92 the survey will help the town in making specific decisions about present and future services and facilities. It will also help the town in establishing immediate and long range growth policies. Some of the questions could be considered personal; however, this information is important to help understand the residents of the area. We will have no way of knowing which household filled out which questionnaire. DO NOT SIGN YOUR NAME TO THIS QUESTIONNAIRE. Results will be made available only 'Eis a combined analysis. Your cooperation is very important. We need your opinions. Please help us, and in turn yourself, by filling out this survey. Please feel f ree to add any, comments on any topic. T h an k you f or you r he 1 p ! Ducic;-ch ai rrnan ... Planning & Zoning Commission

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Questionnaire Instructions 93 One survey is being given to each household in the Basalt area. We ask that one adult member of the household fill out the survey. 1) 2) 3) 4) 5) Please answer all the questions by either circling a number or filling in the appropriate blank. If more room is needed, please use the backs of the sheets and clearly label which question(s) it pertains to. Some questions ask for only one answer while others request a multipleresponse. Unless a multiple response is asked for, please circle only one answer. Please be careful not to miss any questions as they appear on both sides of the pages. Follow the numbers. Please read each question carefully and study all the possible responses before answering. Your responses should be as complete and as accurate as possible. * Again, we would appreciate your views on any issues. Use as much space as you need. Thank you.

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Part I: HOW YOU VIEW YOUR TOWN 1. are the best aspects of day-today life in the Basalt area for you? (Please priori U ze, with 1 being most important and 5 least important.) L Cl/1' .h 0 EJ'?ctJ /it' 5 T / 1"-f /:1-fT A -Its location Its size Climate Economic aspects Friends and neighbors /9.77eF All of the above Other (specify) ________________ _ 2. What is the single most important thing that would make living in the Basalt area better for you? (Circle one) 1 -More job opportunities 2 More recreational facilities 19. 3 -Better schools 3 .0fo 4 -More growth 7 . ' f'd 5 Less growth 15": ;l!p 6 More health care facilities 7' . .7!;, 7 Child day care facilities 8 -More shopping facilities /IJ ' Jd 9 -0 the r (specify) 3. What could happen i n the Basalt area that could make living here worse for you? (Circle one) 1 Decrease in population 9./ P'o 2 Increase in population 3 -Reduction in quality of public utilities 9./7'0 4 -Increase in costs of public utilities 5 -Less conunercial activity T-1 y, 6 -More commercial activity 3 .0f, 7 -Industry moving to town .1 ?" 8 -Less tourists in town o 9-More tourists in town / .j-?" 10 Other ____ _ 94 4. How important do you feel it is for you to know what is happening in the Basalt area? (Circle one) 1 -Very important 5'7. 6?;:, 2 Somewhat important 3 7. 3 Not important '3.0?, 5. Do you feel adequately informed about what is happening in the Basa l t area' (Circle one) 1 Y es 2 No S7.6 3-Don't 6. How important do you think public meetings are for the Basalt area? (Circle one) 1 -Very important s-c./ 2 Fairly important Y f:, 3-Not important 7. Concerning problems in the Town of Basalt, are the town officials doing the things you want done? (Circle one) 1-On most problems 2 -On some problems -Y'f: S'% 3 -On no problems 76ft, 4 No opinion I "1. 7% 5 -Other ( s pee if y) --"'/...:..t'_. 8. Concerning problems in the Basalt arE are your school officials doing the things you want? (Circle on e ) 1 On most problems ;;lJ. 3 % 2 On some problems 16. 3 On no problems 7. fP ?'o 4 -No opinion '' 5 -Other (specify)

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2 95 9. Concerning problems in the Basalt area, are your county officials doing the things you want? (Circle one) 1 On 2 On 3 On most problems -:/'1.;? some problems 7'1. % no problems l 4 -No opinion ;;{;;( . 7% 5 Other (specify) _ 10. If growth in residential and business areas is to occur, do you feel it the responsibility of the developers to take on the burden of: A Utilities extension (water, sewer, etc.) -------------B Utility plant improvements-----------------------------C -New water rights--------------------------------------0 -Land for E -Streets------------------------------------------------F -New or improved public buildings-----------------------G -Landscaping-------------------------------------------YES 1 c?.:?., ?t? 1 'J'tJ.' 1}4 1 f''3 . ., 1'1 11f3.9'7t:t 1 ;"o 1 1 a . 7..,.a 1 1 1 ,, .171J 1 1 ;(7. 3 '?d 14. How do you feel about historic sites in the Basalt area? 1 They should be preserved and _protected 8' % 2 They should be ignore d ..tf'. 5"'% 3 -No opinion "f. ,.-7" Somewhat Not Important Important 2 ;; 3 7 . 2 /9.7 ,.., 3 7 .• 2 "'J/. r'J"o 3 6' 2 ');. 3 ,9./. 2;1;{. 7% 3 G.l 2 '3t'. 3 /1'.5" 2 c;/73 3 '/.5" 2 017 . J 3 2 ., .:J • ., .,.IJ 3 7. . 2 '7 3 .Y:S' 2 1. s-74 3 1. r 4Other (specify) ___ 15. Are you aware that the State Dept. of Highways is considering a realignment of Highway 82 near Basalt?

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1 Yes 7 '8". 'iT 7o 2 -No /3 .c, 7o PART II: SOME ECONOMIC ISSUES 3 96 1. What retail shops or services do you think are needed in Basalt? Much Not Needed Needed Needed A -Entertainment establishments-------------B -Expanded medical services----------------C -Automotive maintenance and sales --------D -Clothing stores--------------------------E -Home and appliance Maintenance & sales---F -Sporting goods establishments-------------G -Restaurants -----------------------------H -Convenience restaurants (Burger King, McDonalds, etc.) ------------------------I -Motels and hotels ----------------------] -Light industry --------------------------K Other (specify) -------------------------1 5" -3 ;z 1 3 7. 9 "7.:1 2 .,l.f, ?' .,..., 3 -:/1 . 7., 7'7o 2 31. Y' 7() 3 "'S: s-z, 1 '7o 2 3 "2 Jf,;:l 2 'J/. 3 c. '?"7c 1 '1. , 7" 2 ?;, 3 o-;.5' 1/'J G.,.., 2 "3t:. 3 19./ '7" 1 9 . I 'To 1 ;(' Y.ll.lo 2 2 y 2 7. J "?;, 2 r. 3 '7P 3 5""/. 5"% 3 "'} '7.? 3 2. Whe r e do you usually shop for the following goods and services? A Auto accessories-------B Gas -------------------C Hardware --------------D Food ------------------E Drugs ----------------F -Clothing -------------G Housewares -----------H-Appliances-----------I -Furniture ------------J -Lumber ---------------K -Medical services ------1 -Dental services ------M -Entertainment --------N -Restaurants ----------GLENWOOD BASALT ASPEN CARBONDALE SPRINGS OTHER 1 I 5". ;). ?;, 1 ,s: .7% 1 57.t' 1 g-3 . ., 1 5't>. 0 "'" 1 3. o '7o 1 0"7o 1 I !J-. ;; "?" 1 ,-7' . 5'% 1.3?. 3'7"' 1 J 7c 1 7tJ 'I 2/;(.l?'c :;. 2/0 2 ;.s-?-, 2 1 ;J./'ro 2 7 . " 'ro 2 2 2 6'./% 2 1./Y.?% 2 8'"7.. 2 1.../;) 2 -,yr . s--'7 .. 3 './ 7;, 4 s-; . s-7o 3 4 /.:;-. 7"' 3 tJi a " o 'i" r'% 3 / .5"'7,:, 4 3 /-5'"7, 4 ;1;1.774 3 /. s4 4-'.:7. ' ,.., 3 / . 5""lb 4 SO . o '7o 3 / . 4 3 3.0 """ 4 3 '3 .0 '?c 4 I 3 /. 5" 7"' 4 1'/.;; 3 ./ """" 4 ;/'f. ;l 3 o 4 ;r ..y'.;t 7tJ 3 I. '7&> 4 ;? '/. p1 '7, 5 -$1.5"% 5 5 53 7. 9?'.:1 5 ;z r-. 5 5 5 1;1. 5 J. 5 5 3. Where do y ou usually do your banking? 4. A Check i ng account -----B Savings account -------C Loans ----------------BASALT ASPEN CARBONDALE 1 Y J. Y '""' 2 "'" ';, 3 0 '7o 1 r"' . 9 % 2 2 "7" 3 1. s-7 .. 2 3 GLENWOOD SPRINGS OTHER 4 / s-. gl ""?, 4 OJ./. ;1 7., 4 5 ;,.o '% 5 Do you feel that the Basalt are a e conomy is ad equate now? 1. Yes 2. ?.YY'% No S":J.O% 5. If the d ecision is made to e xpand Basalt area business and industrial activities, how would you respond to the following statements?

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AOnly 'clean' industries should be encouraged to come to Basalt B -Industries and businesses which w ill employ mainly Basalt area Strongly Agree 17'/.7% residents should be encouraged to locate here. --------------------1 Agree 2 7. 7o 4 97 Disagree Don't Care C -Local government should spend money to attract new industries and businesses to Basalt. ----------1 9.!'7o 2 ;};!. 3 fl./?;, 4 7'" D -Local government should spend more money to aid local business expansion rather than to attract new industry. -------------2 3 "'/5"':s% 4 C./?d E -Basalt should attract types of business and industry which are not presently i11 Basalt. 1JJf .;!'70 2 3 /8'. ;1'7;, 4 F -Specify types of business and industries from above.or 5P-!::-c//:;e/:1 5PDC/F/EP 37. ?% ' • Do you think that new commercial activity should be limited to the Basalt city limits? (Circle one) 1 -Yes ;J:(. 77'o 2-No '?Jf.;?% 7. Do you favor the installations of water meters on all buildings and residences in Basalt? (Owner pays for installation) (Circle one) 1Yes 2 -No ':1% Evaluate the following in terms of adequacy in Basalt: Inadequate or unavailable (Needs improve-Adequate m ent immediately A -School crossings _____ .., _____ 1;;ll. 2 ;Jt:'. B-Parking on Main Street----1J9.c 219.77P C -Additional downtown parking -------------------1;/;;. 7 ?'c 2 2/,2 D Other (specify) __________ __ 2/}.C% Inadequate or unavailable (Improvements should be made 37 r--.rrc, 3 ;/ 8"'7o 3 -;; .r. r'7" Does Not Require Change 4 4;Q.; 4 J.P' How important to you would the following improvements be in downtown Basalt? Very Not Important Important Important A Sidewalks, curbs, gutters ------1 O?'o 2 3 -:1 r. 1''?'1 B-Painting of buildings ----------1 2 3 C-Awnings-----------------------2 3 1./3. Not Needed 4 ;;u. -::ll?il 4 4 ;u; . V?tl D-Trees and landscaping---------2 3t5"'.;L';?p 4 ?./

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E Sign Code -----------------------F Street lighting ----------------G Parking facilities -------------H -Clean-up program ---------------I Animal control -----------------J -Major restoration of the area ---K Park improvements --------------L -Other (specify) 5 98 V ery Not Not Impor,tant Important Important Needed 2 3 3 /9.7 4/Y*' 2s-;.s-% 31'6"?7.1 4/0 .. 1 2 o/11 2 'I 5"'. 3 /'f. 7 o/o 4 9 . 1 1 2 4/3.17., 3 {;./'?6 4 1 s-o .&>.,.o 2 "J. 'I" '7o 3 ./7., 4 7-' 2 -;59.;'7o 3 '"}/ .f'"7o 1 3,. 'I'?" 2 3 7,C'?o 4 ,.o 1,-3 . ' o/0 2 ;. )7., 3 '3.-Po/J, 4 PART III: HOW YOU VIEW SERVICES AND FACILITIES IN THE BASALT AREA 1. Here is a list of services. On each of these we would like to know if you favor local government's spending more than is being spent now, the same as is being spent now, or less than is being spent now. Remember that generally in order to spend more on something, your local government either has to spend less on something else, or it has to raise taxes. List "A" are Town of Basalt service. List "B" are County services. A. Basalt's services A Parks -----------------------B Street paving -------------C Sidewalks ------------------0 Street maintenance ---------E Street ligHts F Curbs and gutters -----------G -Drainage --------------------H -Water service ---------------1 Snow removal ---------------J Police protection ----------K -Fire protection ------------L Parking spaces in town ------M -Health service s ------------N -Traffic control ------------0 Street signs ---------------p -Library ---------------------Q -Other (specify) B. County services A County road maintenance B Sheriff protection ----------c Public transportation -------D -Health services -------------E Senior citizen services F -Other (specify) Spend More Spend Same Spend Less 15"9'.1 o/o 11 t . -;z '7o 1/'/. 7 7oP 1/{,. 7'7o 1 /"!. 1 ;r. 1 1!1-. ;17c::t 1 /.1': j /'., 1 /;;'. /'7 ... 1 -;/7. )'7., 1 19-7'7o 1 3 '{. 'f"l'P 7',p 1 /'f. 7'7P 1 .. 1 {/ . ;-7, 1 ';)?. 5' "' .. 1 9./t>;'p 1 '10: S'7oP 1 JC. fl"'l'v 1 3 ? . .V?c:> 1 J , P 2 J/. 9' '?o 2 71. :2 "T(! 2 2 f'O. '3'?'"' 2 r;;z?, 2 '15"' 2 2 77 2 ?"' ) 2 s-. ;J '7" 2 7'7 ... 2 2 .;-,. 0 ?"o 2 6 .,.-. ';/ '7, 2 (; 3 2 5"1 /7 .. 2 2 ;,.t;?'.2 'i' ( . 8"?'.2 11:1. .... 2 Sl' ..,7 ... 2 5?> .o '7..::> 2 f. 5"'7'o 3 3 3 3 3 . 3 9./'7" 3 /0. 6 ,.0 3 3 "}. 0 ... 3 ... 3 /. S"'"'?b 3 l;l. lo/o 3 3 .. 3 7 ,,,.0 3 / .:!'?' ... 3 o7o 3 J.P ... 3 3 r.;.;-7 ..... 3 '1. 5''7d 3 / . 3 1.5'7.:> Spend Don't Nothing Know 4 /. 5 J.o 4 4 /9'. 5 4 o,., 5o">; 4 9 .1% 5 d%, 4 /9. 7,....,. 5 d ,.., 4 5/. 5" 4 0 ,..0 5 /.6" 4 5 /. 4 'J . 0 ,.CI 5 0 4 /. 5 4 5 4 ('./'?o 5 t> / 4 I .S"7o 51-S'4 "./?"# 5 "'" 4 51.5"". 4 5 6?, 4 0 ,..., 53'. a 4 .... 5 /. s4 ,./7, 4 r;. /.,.. ... 5 4 0 ..,..., 5 'l.fJ 4 5 ,

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2. Which of the following do you think is the best way for area services and needs to be financed? (Circle one) 1 Sales tax increase 37. 9'7a 2 -User service fee ;? .s-. 7D 3-Voluntary contributions 4 -Fund raising 5 -Tax on property / . ,-"'TtJ 6 -Tax district 7 Other (specify) 3. Should sales tax be increased by approximately 1% to provide a fund for community improvements? (Circle one) County 1 -Yes JJ. J'rtJ 2 -No 5r./'T11 City 1 -Yes l..j;}. '1"1() 2 -No 98 4. Do you favor the Town of Basalt providing water services to areas not presently within the town limits? (Circle one) 1 -Yes Ol7. '37., 2 -No 6;(. 17.? 5. Do you favor the Basalt Sanitation District providing sewer service to areas not presently within its limits? (Circle one) 1 -Yes 3'1 2 -No 6. Should the Basalt area and the local schools share facilities such as tennis courts, libraries, skating rink, etc.? (Circle one) 1 -Yes 2 -No 7. What Basalt regional library services does your family use? How often? Often Some Not Often Didn't Know It existed A -Reciprocal borrowing (checking books out from another library using a Basalt library card)-----B -Reference (in person)-------------1 C -Telephone reference --------------1 D -Interlibrary loan (having the library request a particular book(s) for you from another library)-------------------------E -Storyhour ------------------------1 .,.ot>;'" F Summer reading program for children -------------------------1 , . /tfo 2 2 '0% 3 J?. ro/o 3 n . o7" 3 S'"J.Ot 2 ;;;. ;! 3 ) tf. '1'7a 2 f .o'?', 3 g).a 4 4 /f". 4 '}'f. 8. What Basalt regional library services should be expanded ........... or added? A -Reciprocal borrowing (checking books out from another library using a Basalt library card) ----B -Reference (in person)-----------C -Telephone reference -------------0 -Interlibrary loan (having the library request a particular book(s) for you from another library --------------------------E Storyhour ------------------------F Summer reading program for children ------------------------G Other (specify) ________________ _

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99 9. What types of materials would you like to borrow from the library but seldom find available? (Circle all that apply) A -Best sellers 30. B -Adult fiction 19. 7 C -Adult non-fiction ;l ?e> D -Children's fiction -,.o"U E-Children's (juvenile) non-fiction FPicture books "3.0'7&> G -Magazines 'I !>7t> H -Recorded cassettes /3. I Other (specify) 10. How often do you use the other libraries in the area? Often Some Seldom Never A Aspen (Pitkin County Public Library)---------------------------1/fo.J% 217./ 3 /tJ. {" 1 o?o 1 "'o s-7&' No 2 1./ ;) 0 'I "?(}1 2 2 2 6:J.P'7p 2 .,...:::' PART IV: SOME QUESTIONS ON RECREATION 1. Would you like to see more recreation vehicle overnight camping sites in the Basalt area? Public Private 1 Yes 33 :57., 1 Yes ;J 7 3"'?'" 2 -No c 'Jo (, 2 -No '.., 0 ' ?'p 2. Should the Town of Basalt try to provide parks by: (Circle one) A Purchasing land 7., '7?' B -Requiring developers to land 3 7 9 provide c -Both 1 and 2 '-/7D Other (specify) 2 0 "T"'

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8 100 If a special recreation district were formed, how desirable would the following items be to you within that district? Highly Desirable A Shooting range ---------------------B -Archery range ---------------------C -Playgrounds ------------------------D -Ball diamonds ----------------------E -Tubing and sleighing hill ----------F -Tennis courts ----------------------G Swimming pool ----------------------H -Bike paths -------------------------1 -Basketball courts -----------------J -Horseback riding trails ------------K -Community recreation center (indoor/ outdoor swimming pool, crafts room, kitchen, handball courts, tennis courts, weight room) -----------------------1 -Landscape development of parks -------M -Ice skating ------------------------N Senior citizen center --------------0 -Motorcycle trails -----------------P Cross country ski trails ------------Q -Raft launch ------------------------R -Volleyball court -------------------5 Snowmobile trails ------------------T -Jogging trails --------------------U -Golf course -------------------------V Other (specify) ____________________ __ 1 /:1 . I 7t? 1 9./'7'" 1 1 33. 1 -.:/ ;z. 7 '7t1 1 !) '1. 1 s-?" 1 'T?J. 9 ,# 1 f'. 1 1 1 'J'/. 1 1 31 ?,..d 1 ' 1 3 1 /9. 1 1 1 ;17. 3 '7" 1 I 5" <7 "? o 1 Desirable 2 -;/ 5": '? '7, 2 ;:.{ f". 2 2 2 6'" "7p 2 d 7 J'?" 2 ;; 7 . ) "'?" 2 r .?'?t:. 2 ?' .,.., 2 .., 7. 9 't" 2 :J'7.., 2 9 2 2 -9'?. s-'"" 2 Lf. s-'7" 2 31. 'l'?p 2 2 1.(<(. 2 /f'. :1'761 2 H-3?11 2 30 '3?" 2 Not Desirable 3 3 7 . .:; 3 3 ";f ? '!".., 3 15'" . ;? 3 fP. 3 ;?%3 3 -$'3. 3 ;?/. ;t?-... 3 3 IT.:;2% 3 /:J . • % 3 f'O. 3 ") '/. B""Q3 . 3 3 69. 3 3 3 What would be the best way to fund recreational facilities and activities? (Circle one) 1 Sales tax increase Jl ?'7o 5. If a special tax assessment district were formed for recreation, do you think it should have the same boundaries as the Basalt school attendance center? 2 Mlll levy increase l.s-?'L> 3 -Membership fee 4 -User fee (daily admission fee) ;;l ;z. 7'o 5 -Flat fee for all property users 6 -Donations /. 5" '7o 7 Tax district 8 -Combination of above (indicate which ones) .Y 9 (Circle one) 1 -Yes '7.1 2 -No I ;z 3 -Uncertain 3.:::>, :!;

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9 101 ). Which of five facilities would you most like included in the Basalt South five acres park? List in order of preference, with 1 being most important and 5 the least important. Co/)15/0e-?T.ro rtv';)r J /. 8'%1 -Playground s 3. 5 -Basketball courts 0 9 -Volleyball court -Picnic areas 0_2Q_6 -Handball courts 10 Soccer field 9./%3 -Tennis court /.5"'?;/ -Ice skating rink t'7v 11 -Horseshoe pitching Senior citizen center /0.7fd2Multiple use grass area ) .. 13 Other (specify) / s-?t> --------------------------------------------------------PART V: HOI.J YOU FEEL ABOUT YOUR HOME IN THE BASALT AREA Length of residence: (Circle one number in each row.) How long have you lived: In Colorado --------------------In the Basalt area ------------At your current address ---------How long do you expect to continue to live in the Basalt area? (Circle one) --------------------Less than 1 year 10% 1 /;}. lttt> 1-3 3.1-6 years years 6.1-10 More than years ten years 2 3/'/'.;?, 4 7% 5 ?'5:5"* 4 IS::Z% 2 )., . 3 1 0 '7 ... 4 /)', '% 5 17'. )' ,, 2/2../% 3 3% I. If you have moved to the Basalt 5. If you are renting or buying, what is your monthly payment? (Circle only one number) area within th0 past five years, which one of the fol]owing best describes your reason for moving here? (Ci rcle one) 1 Small town atmosphere t;. tp', 2 -Because I was able to find 1'1. 7"7P suitable housing at the right price 3 Economic opportunity 4 -Nearness to thL• mounta ins /?J. , 5 Climate 6-Reasons of health 7 -Retirement /. S"'ltJ 8 Other 1 . What is your present housing situation? (Circle only one) 1 -Renting 2 Buying (mortgaged) !T&J./ "7.., 3 Own (fully paid) :?f. ;;z '7..., 1 $100-200 I 2 $201-300 ;z '7t> 3$301-400 /3.,'7o 4 $401-500 5 $501-600 7 . 6 $601-700 3 . 0 '7.,. 7 $701-800 '/ .s.,_, Bmore than $800 6. In what type of residence do you live? (Circle only one number) 1 Single family house 2 Duplex 3 . o '711 3 -Apartment complex/. 4 -Room /. s-,..., 5 -Mobile home ';1 6 -Hotel or motel '!!."' ,_cJ 7 Other (specify) /.

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1. If you are anticipati ng moving, which one of the following best describes your reason? 1 -Desire for better e conomic opportunities Cf./"1'" 2 -Milder or more suitable climate 3-Desire for better livingor housing 4 -Reasons of health 5-Retirement 'f.!reo 6 Other (specify) I. Speaking generally, what monthly price range per family for housing (either buying or selling) do you think should be made available in the Basalt area? 1 -Less than $200 ?. '"7P 2 $201 300 J /. 1'7"' 3 $301 400 4 $401 500 5 $501 600 f.!J'?6 6 $601 700 /. 5""?"" 7 $701 800 P7, 8 -More than $800 tJ I, What would you estimate the present value of the building you are now living in to be? 1$10,000 or less 2 $10,001 to $20,000 3 $20,001 to $30,000 /.5''7" 4 $30,001 to $40,000 /, o7, 5 $40,001 to $50,000 6 $50,001 to $60,000 7-.$60,001 to $70,000 f'.5"7t:J 8 $70,001 to $80,000 9 $80,001 to $90,000 /"J. 1'76 10 $90,001 to $100,000 11 $100,001 $150,000 , •• 12-more than $150,000 10. 11. 12. 13. 10 102 What kinds of new housing do you think should be built in the Basalt area? (Circle those that apply) A -None 1./. 5" ll B -Low income housing complexes ;;l ft. f' 1 C -Single family houses 5'1./.s-"7, D -Middle income housing compl exesJl' E -Higher rent apartment F -Townhouses/condominiums 11. '7'""' G -Mobile home parks,..,., o;" HSenior citizen housing I Other (specify) How well does your present home suit your needs? (Circle one) 1 -Very well 9 ?'.:t 2 -Well -;};;. 7 3 -Fairly well I 0. i1 'r# 4 Poorly 5 -Inadequately Whether you prefer owning or renting, which type of housing would provide you with the greatest sense of satisfaction? (Circle one) 1 -Single family house 6'7. 9 2 -Duplex J?'o 3 -Apartment in a complex 0 4 -Townhouse or condominium /. S 'i"o 5-Mobile home 6 -Other (specify) How old is the home you are livi ng in? (Circle one) 1 -Less than 2 years 2 -2-5 years 1• 7 36-10 years /f'.;l?"p 4-11-15 years/"'""' 5 16-20 years 6 -21-25 years /'l>b?"11 7 26-30 years 8 31-40 years 9 -over 40 years 1'1. 7?-P

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1 . What is the source of heat for your house? (Circle one) 1 -Coal 3.0 2 -Wood 7. C. 3 -Electricity /'!J'.;l.7" 4 -Natural gas 5 Oil /.s-ore 6 Solar /. 7 Propane 11 103 PART IV: S0}1E QUESTIONS ABOUT YOU AND YOUR FAMILY How do you get to work? (Circle one) 1 -Drive your own v ehicle 2 -Car pool 3 Walk /"). r;. '7" 4 -Bicycle 5 -Motorcycle ocz-., 6 Bus CJ'. / "lt> 7 Other (specify ) /'P.?Zrz The distance between my home and the place I work is: (Circle one) 1 0-. 5 mile I(; 7 "'?" 2 . 6-1 mile C . t"! o 3 -1.1 -2 mile s 4 -2. 1 -5 miles 7 . cor" 5 -5 10 miles / . 5'"C?" 6 10-20 mi.lc s b 7720-30 miles 8 30 miles or mor e Would you join a car pool if one were available? 1Yes /1A54J./ ,C.'I?II' 2 No !J/.S" '?', Do you know someon e you could car pool with but don't want to? 1 Yes ffA I Y t 't.r 2 -No . ?'., 5. Where are you employed? (Circle one) 1 -Basalt ;? f,;l '?""o 2 N e w Basalt (within a 5-m .ile 7./7'u radius) 3 Aspen )7. 9 7o 4 -Glenwood Springs -s-?-" 5 -Carbondale /.5"'7" 6 Other (specify) ;s-: 6. If y ou are married, where is your spouse employed? (Circle one) 1 Bas al t 7. 2 Near Basalt (within a 5-mile radius) C. 3 Aspen ;J"lp 4 -Glenwood Springs 0 '?o 5 -Carbondale I .S'"lc 6 -Is not employed outside of 7 Other _!__2:.:L"7.L...,.D'--7. Do you l ive within the incorporated city limits of Basalt? 1 Yes ?9. "" 2 -No ' . I"'" 3 Don' t know o "(",. 8. What area do you live in? 1 -Basalt proper/t'Pfi, 7-Lazy Glenn 2 Sopris Village 8-El Jebel 3 -Willets Lane 9-0ld Snowmass 4 -Missouri H eights 10-0ther ( specify) 5 Enuna 6 -Holland H ills

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12 104 How often do you use bus service to the following places? Several Once Several Once Times A Times In Daily Per Week Week Per Month Awhile Never A. Aspen ----------------1 '/5""?" 2 3 4 5:/"' .;JZ 6 "'s-: oZ, B. Carbondale -----------1 .::1 "7 ... 2 ;. ,,..,. 3 ... 4 / . 5 6 7/. ;>Z, c. Glenwood Springs -----1 .. 2 ; . s-?'o 3 0 4 tJP .. 5 6 PART VII: PERSONAL INFORMATION Sex of respondent: (Circle one) 1 -Male 2 Female 5'"1 . .?"?P' What is your age? (Circle one) 1 18-24 9.1 2 25-34 '3'f. 3 -35-44 4 45-54 5 -55-59 6 60-64 ... 7 -65 or /"'To Mark the highest level of education you have completed. (Circle one) 1-Junior High (8th grade or. less) 1./.5&>;-" 2-Some high school 'f.b-'7o 3-High school -;;27-3"1o 4-Two-year college ?.I ;z 5-Four-year college ;l. 7-., 7; 6-Master's level graduate 7-Ph. What is your marital status? (Circle one) 1 Never married /'6 . 79'.; 2 -Now married s-r. / ?'.,. 3-Divorced 'f'./'r.., 4 -Separated oo;-, 5 Widowed tf. f"'" 6 Other (specify) '31 • .::1 7',; 5. If you are presently married, what is the highest level of education completedby your spouse or partner? (Circle one) 6. l -Junior high (8th grade or less)/.S,_t> 2 Some high school (;"./o/o 3 -High school /9. 4-Two-year college 5 -Four-year college If". 6 -Master's level graduate 769.? 7 -Ph . D • In the box below indicate the number of males and the number of females in your household in each of the age categories, including yourself. Male Female A 0-4 years ..J....f__.. B -5-9 years I:...-%J::..C -1 0-14 years ......_lf_'P_. =' ..... M"----'-7-'-./-'%'-"" D -l 5-1 9 years _.t_.;l:::....:...L. Sfl:..-<-.:o:._ E -2 0 -2 4 year s--'-7._. -"-s-....... &'-"'<_ _.!._.2c:...:.L./_,3=o F 25-24 years 'JP . 7 7o -, ] /o G -35 -44 years "JO, "7% l;;l H -45 -54 years tP. '/" /4.' '"' I -55-64 years ...... , __ .....s...l.....,. J -65 and over i.f. j-lo 6 L' ?o Total number in your household, including yourself: ________ _

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105 Which of the following categories best describes your principal occupation or the general business or industry in which you work? (Circle one) 1 -Farm operator, manager, or other specialist 2 -Livestock ranch operator, manager, or other specialist 3 -Livestock and farm work other than 4 -Food service management 3"?., 5 -Food service work other than 6 -Hotel, motel management ''(';, 7 -Hotel, motel work other than 8 -Finance, insurance, and real estate 9 -Owner or manager of a retail store (;.('7., 10 -Work in a retail store other than manager or owner 11 -Employee in transportation './ 12 -Employee in wholesale trade ;. 13 -Engineer or architect 9'7., 14 -Social worker f . !i" 1 5 -Lawyer /. 16 -School administrator 0 17 -Teacher, librarian, counselor , , / 18 -Physician CJ '7? 19 -Dentist 20 -Veterinarian 0% 21 -Health Service ( . s-""r, 22 -Marketing and sales 7'-5"Z, 23 -Clerical '/. !i o 24 -Construction contractor /. s-?'P 25 -Construction trades craftsman 7. '7" 26-Construction trades apprentice or other worker 27 -Forestry, wildlife, soil, watershed occupation tJ 9'..28-Mining 29 -Student % 30 -Homemaker 7./ 31 -Retired '3. o 32 -Unemployed 3 . o /"__, 33 -Disabled o 7, ll.re you l -Yes 2 -No employed in mining or a mine related job? j.S'"l" f t? (C;ircle one)

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14 106 If you are married, which of the following categories best describes your spouse's present occupation? 1 Farm operator, manager, or other specialist 2-Livestock ranch operator, manager, or other 3 -Livestock and farm work other than management o 4-Food service management 5 Food service work other than management 0 6 -Hotel, motel management 0 ?o 7-Hotel, motel work other than management 8 -Finance, insurance, and real estate 9 Owner or manager of a retail store ; . s-'7, 10 -Work in a retail store other than manager or owner 0 l.J'o 11 Employee in transportation 12-Employee in wholesale 13 -Engineer or 14 Social worker o 15 Lawyer-:3-" '7o 16 School administrator 17 -Teacher, librarian, counselor f 18 Physician '?o 19-Dentist 1.5''71 20 -Veterinarian o7o 21 -Health service "3. o 22 -Marketing and sales 3.0 '7o 23 Clerical I. 5 24 Construction contractor 25Construction trades craftsman 26 Construction trades apprentice or other worker 27-Forestry, wildlife, soil, watershed occupation 28 -Mining occupations (} 7, 29 Student C> or, 30 Homemaker ;z o;" 31 -Retired 32 Unemployed o '?, 33 What is your primary source of income? (Circle one only) 1 Salary (monthly or yearly) 1.J fl". s-?o 2 -Wage (hourly and/or tips) 3 -Self-employed 4 Social security VS' 7, 5 Public assistance 6 -Independent income (rents , interests, stock, etc.) '/. ,-% 7 Other (specify) What do you think your total combined family income will be this year? 1 -Less than $ 7,000 (; '7 p 1?1'"'0 2 More than $ 7,000 but less than $ 12,000 3 II II 12,000 II II II 15,000 4 II " 15,000 II II II 19,000 1./. s-'?' c:> 5 II II 20,000 II II II 25,000 I •.r. :Z &>r" 6 II II 25,000 II II II 30,000 fP.' ., 7 Over $30,000

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15 107 12. What percentage of your total family income is provided by family members other than yourself? 1 0-10% '3'1lf"" 211-20% J 21-30% t!f./'?b 4 31-40% 5 41-50% 6 51-60% /. 7 61-70% f.5''7o 8 71-80% "J.P 7p 9 81-90% 0.,() 10 91-100% 13. This survey is: 1 Very worthwhile ) 7. '!7 0 2 Somewhat worthwhile ;;1-11' .'l''7p 3 -A waste of time f" .t; """ 4 -No opinion PLEASE CHECK TO SEE THAT YOU HAVE ANSWERED ALL QUESTIONS ON THE SURVEY FORM. ADD ANY COMMENTS YOU MAY HAVE ON THE BACK OF THIS PAGE. THANK YOU VERY MUCH!

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Mlta. Ul..C.fJlro IJW l41MUMY -m.m I'Unlt'.a I lO wg> DBIW"\'IC6 .... ....... ....... ... atr!Ultrl'{ uus;tlll\: p z t"m"ll'{,6 Mf.W. Ut'ii"''UNl't' wv..nro: NaJl, IR!mWffi M \'.0\li\D romon • l.lu.l. &OIJIJ\ tfr:nf Ltl1MmtS • Sl)ff ... rofR i\Um. ft).t\t\\11>. taNlt.') . . ...... 0 00

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ENVIRONMENTAL DESIGN AURARIA LIBRARY • MURP STUDENT THESIS J. Roberts Spring 198 0 ...... MANAGING RURAL GROWTH \ \ \ \ -I '--. ____ , .... . t I ._ ___ _. ll . .,-....... ... __ --=:. -,. ..

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.. p .. ., • ., . : , < _.' / I 1 l . t '" ..... by Mary J . Roberts B . S . , Illinois State University, 1975 A thesis (Studio 3) submitted in partial fulfillment of the Requirements for the degree of Masters of Urban and Regional Planning/ Community Development, College of Environmental Design, University of Colorado at Denver May 1980

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DEDICATION This project is dedicated to everyone who helped make it possible. I especially wish to thank Herb Smith, m y advisor, whose patience and advice was alway s outstanding; the Pits Crew (Martin, Kristan, Peter, and Ronna) and Mark Murphy, who keep CD and good times alive and well at UCD; and, most of all, Bill who supported me through thick and thin and managed to keep me laughing through it all. Thanks! A heartfelt thanks also goes to Mike Fuller for taking time out of his busy schedule to design and sketch the artwork for the cover.

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TABLE OF CONTENTS CHAPTER 1. INTRODUCTION Purpose of the Project 2. THE CASE STUDY 3. A Rural Community's Dilemma COLORADO LAND USE CONTROL ENABLING LEGISLATION • . • • • • . . • The Basis for Municipal Power in Land Use Regulation 4. LAND USE REGULATIONS s. Eeny, Meeny, Miny, Moe, Which Control Will Solve Our Woes? PUTTING IT ALL TOGETHER • • • • • How the Controls Can Achieve Community Goals 6. RECOMMENDATIONS . 7. CONCLUSIONS ••• Land Use Regulations and Growth Management--Why It's Not Working BIBLIOGRAPHY • APPENDIX ••• ii PAGE 1 7 25 39 56 69 76 88 91

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INTRODUCTION 1

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2 The impetus for this thesis began with an inter-disciplinary planning study called the Roaring Fork-Frying Pan Study. This project was sponsored jointly by the Kellogg Foundation, a private foundation, and the University of Colorado at Denver, College of Environmental Design. It was a first step in developing a working relationship among the schools of planning, architecture and landscape archi-tecture. More importantly, it was a major effort by the University to offer its resources to educate, work with, and help a town to accommodate growth and encourage its residents to take an active role in determining their future. With that project, the idea of the planner as a facilitator of decision making consciousness-raising, and consensus totally captured me. I feel very strongly that to have good planning that works, the citizenry need to be well informed and knowledgeable about the issues they face and their solutions To be accepted and used, planning must be a tool by which citizens can identify problems, issues, and needs and development solutions to them. This in turn facilitates the growth of a community spirit and the willingness to work together to solve problems. Planning used in conjunction with an educational process enables residents to make intelligent choices about current issues and future directions. Thus, citizen education, input, and reaction can be an effective planning toaD A major step to create this attitude is to familiarize residents with planning concepts and jargon. This phase of the educational process is addressed herein by analyzing land use regulation, its

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basis and the various techniques used to manage growth. As the major means of effectuating a plan, land use regulations and how to use them are vital links to get from talk to action. Local residents need to know and understand what methods are available to achieve their goals and objectives. This document is intended to be used as a guide for rural municipalities in choosing what type of land use control s ystem a town should enact to deal with rural growth issues. The information contained herein analyzes the hows and whys of land use regulation: how it comes into being; where its power originates; and its purpose. The objective of this approach is to directly aid small town efforts to manage growth in conjunction with their goals. One purpose of this project is to be a reference source for rural towns. This report will describe and analyze the various land use regulatory devices available, their basis in Colorado law, and the purposes for which those techniques are used. The application of these regulations will be analyzed against a case study of a rural Colorado community facing some growth pressures. Thus, the pitfall of designing a model ordinance or growth management system which local government might adopt without modifying it to address their individual needs is avoitled. Rather, the approach requires communities to think about what their needs are, what issues they face, and then choose which land use controls are best suited for their situation. 3

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4 The overall purpose of the project is to define at least one system of land use control which will be effective in small towns facing some growth pressures. The approach used is to analyze local government authority under Colorado enabling legislation to regulate land use and examine alternative systems of land use control and growth management. The purpose of each regulation or system is analyzed, and positive or negative impacts are examined. Recommen-dations are then mftde as to which are considered best for use in rural towns. The methodology used to accomplish this encompasses research o f the planning literature, personal contact with professionals and land use experts, as well as lay persons' reactions to the various land use control methods examined. Staff and officials at State, county, local, and area Council of Governments were contacted for information and comment on the Project. Officials contacted included members of the Front Range Commission Coordinating Committee and staff; planning staff of Eagle, Pitkin, Boulder, Summit, and Gunnison Counties in Colorado and Bucks County, local officials and planning staff in the towns of Breckenridge, Basalt, Jamestown, Aspen, Carbon-dale, Eagle, and Glenwood Springs; and professional staff with the Northwest Colorado Council of Governments and the Denver Regional Council of Governments. Information and comment was also solicited • from local professionals and educators, including professors with the planning school at the University of Colorado at Denver, local land use lawyers, private consulting girms of THK, Inc. and RSWA,

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Inc--Denver, the Colorado Municipal League, Colorado Counties, Inc., the Center for Community Development and Design, and the Colorado Chapter of the American Planning Association. These people and organizations were also contacted regarding land use control methods legal in Colorado as were the American Planning Association, the Planning Advisory Service, The Department of Housing and Urban Development, the Colorado Division of Local Affairs, and the Colorado -Land Use Cornrn It should be noted that time restraints on the project made it possible to contact only those sources able to give the most complete and useful information on the subject under study. It is recognized that there may be a few stones left unturned. However, the resources 5 called upon have covered the information necessary to make an analysis applicable for Colorado municipalities. The process used in this project was analysis of the information and application to a given situation. The first step in this methodology was to define the parameters of the case study, re..J:i Colorado. (This included synthesizing the existing conditions and Yl future pressures on the town with the local attitudes into the needs, issues and goals of the communit The next step was research and analysis of Colorado enabling legislation authorizing municipalities to enact land use regulations. It is with this information that the educational process previously described comes into play. The Roaring Fork-Frying Pan Study started the delineation of Basalt's issues and goals. The next step was to determine the power base a

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to meet those oals. Informing the citizenry about ---local government authority to regulate land use helps to increase their awareness that zoning is just one of a variety of tools allowed under Colorado legislation. In the context of this project, the educational process was facilitated by presenting this information to the Basalt Planning and Zoning Commission meetings in J anuary, February, and March, 1980. From this point specific o f land use regulation wer e -nvestigated. Information on the enabling legislation propagated questions as to what kinds of controls were actually allowable in r. Colorado, their relationship to zoning, and what other towns are using. This research focused on the definition of each land use control and its purpose, and was then presented to the Basalt Plan ning and Zoning Commission television interviews were and tQe general public.<::Town meetings used to publicize this information and and gain citizen reaction to land use The f inal step in the process was to detevmine which techniques could b e combined to b est meet the rural situation, a s demon strated by the case study. This determination was based on considering only those controls addressing the specific goals of the case study town which could be effectively melded into a regulatory scheme, and easily administered in the small town setting without a great deal of expense and staff. 6

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THE CASE.STUDY !k 7

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8 Providing an example of the situation i n a specific municipality is a useful teaching tool for analysis. A situation is presented with specific factors and their consequences. The student is then asked to analyze a similar situation by determining the impacts of various sets of actions. The case study is designed to offer a similar exer' cise for other localities. A rural town with a given set o f issues and needs is described. Various land use regulations are applied to that situation to determine which ones will most effectively deal with the identified problems. It is the process of determining the impact or result of different regulations which is important for other communities to grasp and use. It is hoped that in this way other municipalities will be able to analyze and apply land use controls to effectively meet their individual needs and issues. Another factor in presenting a "real-life" case study is that in my experiences working with townspeople and officials, they relate very well to the issues and solutions in other areas. This compari-son, or contrast, with another situation offers a concrete example that people can easily grasp. It is more b elievable than a purely theoretical example. The case study approach tries to relate technical analysis to real-life problems in such a way that lay persons can understand why a particular land use regulation may work better to solve certain problems than another. Finally, why was the Basalt community chosen? Admittedly, the choice was partially selfish, since I had worked closely with the town on the Roaring Fork-Frying Pan Study and t perefore am very

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familiar with its problems. More realistically, Basalt is in desperate need of some technical planning assistance, but does not have the tax revenues to support it. The Planning and Zoning Commission constantly complains about the town's zoning ordinance. In asking myself why, I came to the conclusion that it was due in large part to the fact that the commissioners just do not know enough about zoning, much less its alternatives, to what they need to do to make their ordinance This, combined with Basalt's political, economical, and social situation makes this town an excellent case study for the purposes of this report. 9 Located on Colorado's western slope at the confluence of the Roaring Fork and Frying Pan Rivers, Basalt is in a truly beautiful setting. While it lies in the political jurisdiction of Eagle County, it is physically separated from the majority of that county by a range of mountains. It is expanding into the political jurisdiction of Pitkin County, with a newly developing 80 acres in that county annexed to town. Its geographical location gives the town alliances with the towns of Carbondale, in Garfield County, and Aspen,in Pitkin County. The growth of the ski industry in Pitkin County and the mining industry in Garfield County is rapidly changing a valley once devoted to agriculture and range land. Basalt is smack dab in the middle of a developing valley; development caused by the expansion of both mining and the ski industry. Now the watchword of the Roaring Fork Valley is housing. The open valley floor is being overrun by large-lot single family ranchettes, with their ensuing rural sprawl.

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Pitkin County's s9lution to this prospect has been to institute a limited growth policy restricting the number of building permits issued in a year. As is often the case with such controls, demand 11 has exceeded the number of permits allotted. Restricting the housing market in this way has increased housing costs throughout that county. Basalt, just 20 miles northwest of Aspen, and Eagle County both have less strict land use policies. The housing market and many of the people employed in Aspen have moved to where their demands for housing are not restricted; namely, Basalt. Thus, pressures for l1ousiug in Basalt are due to a large extent to the strict building regulations of its famous (or infamous) neighbor. The housing crunch is only one of the many issues faced in Basalt. The best way to determine those other issues is to look at the attitudes of the residents about the town and planning. The informationregardingcitizen attitudes was extracted from a town survey conducted by the town of Basalt in June, 1979. 1 A copy of the.survey is included in the appendix of this report. Of those responding to the survey, Basalt's size, location, and climate were considered to be the number one assets of the community. Additional growth was viewed as undesirable, although some respondents did indicate that growth would be beneficial to the community. However, public meetings held throughout the summer of 1979 by the Roaring Fork-Frying Pan Study revealed that Basalt residents are by no means anti-growth, and would not favor policies similar to those used in Pitkin County to control or discourage new development. This

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12 2 general attitude, true for many small rural areas, reflects a fear of change, wrecking a good thing, with an underlying belief in the free-enterprise system and individual rights. is being expressed is "We don't want the boat rocked, but we don ' t want government tell-ing us what to do with our land!" Another area of concern for many communities is the provision f d . d "1" . 3 o a equate an In the case o f Basalt, there is a municipal sanitation and water system, each operated under separate special districts. Those to the survey strongly indicated that they do not want to have their cost for services increased. The response was also very strong in favor of developers paying for the cost of expanding, improving, or providing services to new development. A hot issue in Basalt was the need for parks and recreation. The survey responses indicate a high desire for better parks and the provision of recreational facilities and programs for Basalt residents. In response to questions regarding the need for industry in Basalt, the survey results indicate residents would like to see more job opportunities in Basalt, but that the perceived need for industry is low. Forty-eight percent of the residents felt light and clean industry would be acceptable for the town. Additionally, it was felt that industry would be more desirable if it would definitely employ Basalt residents. In terms of commercial expansion, enter-tainment establishments and clothing stores received the highest

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response as most needed in the town, (73% and 70% of the responses, respectively). The only form of entertainment provided in town now are bars with live music. Basalt's commercial core currently consists of a bank, grocery store, a sporting goods store, bakery, drugstore, five restaurants, a hardware auto store, an antique store, two motels, and miscellaneous small shops. Survey results indicate these establishments need to be supplemented to better serve the daily needs of area residents as well as provide some luxury items to satisfy their discretionary spending desires. On environmental issues, there was a strong response in favor of controls designed to protect and preserve the environment. The majority of respondents favored riverside and scenic protection and controls on construction in environmentally sensitive areas. A 13 greenbelt program was also highly favored. The author has found that the feeling for the environment is very strong in rural areas.4 This feeling does not mean that development should be totally prevented on environmentally sensitive areas, but reflects the desire to preserve the environment from irrevocable damage. It is a difficult dichotomy to overcome, but it is possible to deal with both these issues, without conflict, with the proper land use controls. Housing issues, a major concern from the planning were not directly addressed by the survey. The survey information on this subject reveals that the majority of the respondents live in single-family units, and almost one quarter live in mobile homes. Housing payments ranged from $100 to $500 per month, with the value

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14 of homes estimted to be between $70,000 and $150,000. New housing considered desirable was single family (61 %), middle income (33%), low income (29 %), and townhomes and condominiums (20 %). This response does not show an awareness by residents about the cost o f housing in relation to income . In Basalt, an unimproved lot costs 5 about $35,000. Thus, the base price of any new home will include that figure plus the cost of improvements plus actual construction. The average income for Basalt residents is projected to be which does not qualify a home buyer for a home mortgage in the Basalt 6 market. The perceived valu e of homes is accurate, but the afforda-bility of such homes is not. The question remains, how can people in the $15,000 income level be accommodated in a housing market which well exceeds the living means of the average citizen o f the area. This kind of problem is not unique to Basalt. It is happeni ng throughout the State in both large and small communities. It is exacerbated in Basalt, and the entire Roaring Fork Valley, due to the economy of the area, tourism and service industries. Wages in these professions just are not sufficient to meet the living expenses of the area. The result is a high demand for housing and the paten-tial for overcrowding of existing housing so people can afford the rents. One other noteworthy result of the survey was the response to questions about planning and zoning. Overwhelmingly, respondents felt land use planning and citizen participation in planning are both important. This indicates people are interested in their community

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15 and may be willing to put some effort into shaping a better one. Most people do want to keep their town nice. One purpose of planning is to help bring some consensus about what community attributes are valued, and how to achieve those qualities. To summarize, the major issues in Basalt, as indicated by this survey and public meetings held throughout the months of June, July and August, 1979, are: Growth The attitude is one of "let's hide our heads in the sand and maybe it will pass us by." An increase in population is not wanted, but it is happening. The jolt for Basalt has been the start of construction on an 80 acre Planned Unit Development which will ultimately triple the size of the town. Housing The old American Dream syndrome of owning a piece of land and a home dies hard in the American West . Preferences are for singlefamily detached homes, but economics are making that type of dwelling more and more costly. Environmental and energy considerations may make the single family home obsolete. The question becomes how can the community satisfy the aesthetic, spatial, and energy demands of a growing population. An additional problem in Basalt is caused by the economics of their housing market. Middle income people cannot afford the available housing. The need for a variety of housing types is recognized by many residents to meet the

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needs of the average person, and also to preserve the character and vitality of the community.7 What housing alternatives are feasible and how they can be encouraged need to be addressed by the town. Economics 16 This raises the issue of whether or not Basalt can even support an increase in services and utilities for development. The economic base of the community is weak. There are no major industries to provide the town with tax revenues, except for the sales tax generated by local retail sales. The concern here is what priorities must be met b y the municipal budget for the town to survive. That is, cost of expanding any services (i.e., police, fire protec-tion, snow removal, street and park construction and maintenance, etc.) must be compared to the revenues generated by new development, but not that new development is undesirable. The expressed need for job opportunities and in-town diversions are also factors in the economic development of the area. Here the issues are what kind of jobs, where they should be located, and what type of entertainment and where it should be located. Light industry in town may raise the revenues, help limit the number of people who commute, and help to balance the community. However, Basalt officials realize the position of the town as a bedroom community serving Aspen. It has been expressed that this may be Basalt's primary function, and the issue which should be addressed. This brings us back to the housing issue and how to provide affordable dwellings.

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17 Services The concern about services relates to the town's economic situation. The major issue is whether or not the town can pay for additional utilities and facilities. Related to this is how willing residents are to pay more for services. The attitude expressed by the survey results is overwhelmingly in favor of making the developer pay for the cost of service and utilities expansion as well as for parks and landscaping. The danger is these all add to the cost of development, increasing the cost to the consumer. Reciprocal concessions from the town for such amenities can alleviate some of the cost from being passed on, but the more demands made on the developer, the less desirable it is to build there. The question is, then, how can the town balance the cost of providing services to new development with the benefits accrued from that development. Environment The main areas of concern are the natural and man-made environments. The protection of environmentally sensitive areas should be addressed by the town. Basalt's location in a mountainous setting may warrant regulation of development in environmentally hazardous areas such as flood plains, steep slopes, wildlife habitats, wildfire areas, avalanche areas, and landslide potential areas.9 The survey results do reflect some concern for the environment and the preservation of the rural feeling of the area. However, residents also have the underlying philosophy that private land is a commodity which is developable by right, regardless of the impact on the

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18 environment. The question becomes how can environmental protection be implemented and still permit development to occur? The manmade environment to be considered is the historic nature of Basalt and the preservation of the small town rural atmosphere. There are some historic sites which are of significance to the character of Basalt. One is a row of beautiful coke ovens used to extract the coke from coal being shipped on the old Hidland Railroad. The western atmosphere of downtown Basalt also adds to the character of the community. The Bank of the Basalt is located in the old Midland Railroad Station House. The building has been restored in the "old west" tradition, preserving the western fasade of the downtown . A modern structure has been built to house the town offices, but it also adds to the variety of the town and does not clash with the older buildings of the commercial core. The concerns here are historic preservation and the maintenance of the character of the town . If change happens, and it always does, how can Basalt protect and preserve its heritage and rural character? From this analysis emerge the goals of Basalt: I. Housing -To provide for affordable and diverse housing types to accommodate people in all income ranges. -To encourage the rehabilitation and renovation of the existing housing stock. -To encourage housing which is compatible with the environmental concerns of the community . II. The Economy and Services -To encourage increased business opportunities.

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-To encourage light industrial activity in the area, to increase the job market. -To maintain the tax base of the town. -To ensure the provision of adequate utilities and services to all residents. III. The Environment--Man-Made -To preserve the historic aspects of the community . -To maintain the rural character of the area. -To encourage the creation of an open space greenbelt around the municipality. IV. The Environment--Natural -To preserve and protect environmentally sensitive and/or hazardous areas. -To preserve and protect riverside ecology. -To promote the preservation of open space. V. Parks and Recreation -To provide and develop parks to serve the recreational needs of all age groups. VI. Community Growth -'l'o encourage growth and new development in < 1 manner which compliments and enhances the character of the town. 19 -To provide for a variety of growth to serve a diverse population. -To preserve and maintain the compact nature of the town . -To encourage development which positively addresses the goals and needs of the community. Basalt's land use pattern services to further illustrate its problems. The land use and zoning maps on the following pages show Basalt is almost exclusively single-family residential. The only

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TOWN OF BASALT , :GEND I Jttl ftrM1LY -LDJ I .s\IY,t tftl'-Mt"PIUM I FN'l\Cf "\lJI ttlibtlY l ftlru(, I urlM,ItW.. B Ptf. Jwmr

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TOWN OF BASALT ::GEND l 1 m-lrt-Mt'PI\lM I 51 N& fN'l \l'l'-"\fJt ttt\S11Y I 1 ru.v. I

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provision for multi-family dwellings is included in the mobile home district. Despite this restriction, single-family residences are being converted to and used as duplexes. This is happening without prior approval from the Zoning Board of Adjustments. Town officials, recognizing the need for additional housing, have not enforced the zoning ordinance, which would prevent these conversions. 10 The net result is higher density, greater demands on water, sewer, and other public services, without a concomitant 22 increase in tax revenues to pay for the increased usage of these services. Since the land use is officially single-family, the assessment of land value is at the single-family rate. These revenues are in actuality supporting multi-family density and demands . Unless taxes are very high, single family revenues cannot support the service demands of high density housing. Essentially, the tax base of the town is slowly being eroded. The taxes currently generated may not be adequate to maintain the current standard of services and utilities, much less expand or improve them . Basalt's zoning ordinance has not been revised to meet the new demands being placed on the community. Town officials recognize the need for housing but have undermined the effectiveness of their zoning ordinance to such an extent that it is now unenforceable. With the goals and problems of the case study outlined, the question now becomes what can a local government even begin to do to deal with growth. To answer this, one needs to first examine the legal basis for growth management and land use regulation in

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Colorado. The next chapter analyzes the major pieces of Colorado enabling legislation on this subject. 23

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24 Footnotes 1Household Opinion Survey, Town of Basalt, June, 1979 (available from the Town of Basalt. 2This attitude was prevalent in the Jamestown Planning study I worked on Fall-Spring 19 7 9 1980 and the Roaring Fork-Frying Pan study, June-September, 1979 . Conversations with Mark Murphy, Small Towns Coordinator, Center for Community Development and Design, held throughout SeptemberDecember 1979 also support this observation. 3 See Footnote 2, above. 4 See Footnote 2, above; interview with Ann Moss, Land scape Architect, RSWA, Inc.-Denver, Denver, Colorado, March 11, 1980 . 5Donnelly, Tom et al., The Roaring Fork-Frying Pan Study, a report by the Wester n Colorado Rural Communities Program, Colorado Mountain College, the University of Colorado at Denver, and the Town of Basalt, August, 1979, p . 46. 7Basalt Planning and Zoning Commission Meeting, Basalt, Colorado, March 6, 1980. 9 Donnelly, pp. 25-29. LOllasi.llt Pli.lnning and Zoning Commission Meeting, Colorado, March 6, 1980 .

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COLORADO LAND USE CONTROL ENABLING LEGISLATION uOO[ 25

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26 Before examining what a municipality can do to address its specific problems and anticipated growth, it must know under what restrictions it may be operating. Government officials and s taff should understand the scope of local governmental authority to manage growth. The place to begin is with the origins of local government authority and power. Local government controls land use and related areas under the police power authority of thestate . Police power enables government to r easonably regulate individual rights and property to protect the public health, safety and welfare. To ensure the reasonableness of governmental action this must be exercised within the du e process of law. Police power is delegated by the State to local government in the form of "enabling legislation." This legislation specifies the authority local entities have to undertake certain actions. Cities and towns so governed are called "statutory" cities. In Colorado residents of a town may decide to adopt a "homerule" charter. This type of charter allows the city to do anything which is not expressly prohibited by the state . These governments are not subject to the limitations of municipal enabling legislation. The case study, Basalt, is under a statutory charter, as are many rural communities. Some home-rule cities also follow the enabling legislation to avoid conflicts with the State and challenges to their regulations. Thus, this is a good base from which to determine the legal options available to local government for land use regulation and growth management.

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Enabling legislation defines the extent of a ci.ty's or town ' s power to implement and enforce land management policies. The Acts examined herein deal specifically with land use regulation. Only the major pieces of legislation have been analyzed to give a general overview of the working guidelines for Colorado municipalities. The chart on the following pages lists the major pieces of legislation, their purpose, and what they authorize. • 27

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LEGISLATION: PURPOSE POWERS AUTHORIZED: PITFALLS MISC. HISTORY COLORADO LAND USE CONTROL ENABLING LEGISLATION ZONING, CRS, 1973, 31-23-302. 28 The intent of zoning enabling legislation is to provide local government with a specific means to control and regulate land use in the best interest of the public health, welfare, and safety. Zoning is explicitly intended to act affirmatively for the promotion of the public welfare.! It attempts to balance individual rights with community welfare. The method authorized by this act is to divide the community into specific districts , in which certain uses are allowed or prohibited, and to regulate land use and structures within the districts. The explicit purposes of allowing this type of regulation are: 1) To lessen congestion in the streets; 2) secure safety from fire, panic, floodwaters, and other dangers; 3) to promote health and general welfare; 4) provide adequate light and air; 5) to prevent overcrowding of the land; 6) to avoid undue concentration of population; 7) to facilitate adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and 8) ..• are to consider the character of the district, conservation of the value of buildings, and appropriate usc of land the munlclpnllly.2 Court rulings have held the legitimate purposes of zoning to be to "attain stability of land use in developed areas, ••. guide future land development in vacant or developing areas; and maintain a rural environment" where appropriate.3 Colorado legislation also specifies the procedures for adopting a zoning ordinnce,4 and the mandatory creation of a Board of Adju stment once an ordinance is enacted.S This body functions to provide administrative interpretation of the ordinance and relief from undu e hardship from strict application of the ordinance. The powers delegated by this legislation are to control land use and structures the division of a municipality into districts of specific land use categories and the regulation of land. and structures within those districts. Towns are authorized to establish districts such as residential, commercial, or industrial in which only those specific land uses arc allowed, or districts can be established wl1ich allow compatible land uses to coexist. The districts are, in theory, designed to functionally segregate incompatible land uses from one another. Thus, only the same or similar land uses should be permitted within any given district. Additional regulations c an be included in the guidelines for each district, i.e., size of structures, building setbacks, height rest sections, density, etc. The criticisms of zoning are fairly general, attacking its basic concept. The pitfalls of zoning, in general, are: 1) it is inflexible and does not respond to changing needs and attitudes; 2) it is a static control over the land; it tries to predict and cast in concrete the future land use of the community--an extremely difficult task in a free-market economy; 3) it is used to maintain the status quo, inhibiting change for the worse as well as change for the good; 4) when applied to large scale developments or new communities it doe s not nll.ow them t(l be devclop<•d as l.ntl 'r,ratcd communities.6 i;; not iL is not !lom,•thiug a municipality !!!_UH t und rtake. However, the consequence of no ?.orling is very 1 imi ted regulation of land use and little control over what type of development happens where. Zoning can legitimately be used to encourage the direction and type of growth, thus changing or revitalizing certain areas of the community. But without it, there is little direct action government can take to influence growth. (Note: The passage of House Bill 1041 and House Bill 1034 may have negated the alternative of "no zoning" to zoning b y delegating authority to regulate land by other means. Both are discussed later in this chart.) Zoning originates froru nuisance ordinances developed in the late 1800s. It is the first attempt to use a comprehensive approach to land usc regulation. Its basis is in the principle of separating uses to avoid conflicts and hazards which endanger the lives and property of residents of a commun1ty.

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LEGISLATION: PURPOSE: POWERS AUTHORIZED: PITFALLS: MISC. HISTORY: 29 SUBDIVISION REGULATIONS, Cities and Towns, CRS 1973 31-23-212 The intent of subdivision legislation is to provide municipalities with a specific method of controlling new development and re-development of land. This legislatio n establishes standards, guidelines , nnd procedures for the divisi.on of a ny parcel of land into lots and hlocks for sal', and the identification of slrcets, easements and other land inten ded to be dedicated for public use. It is also designed to ensure that established a reas arc not overwhelmed by n e w development and that it will coincide with the goals of the community without bei ng a burden and expe n sive to maintain. Additionally, subdivision regulation is used to enforce the adequate p rovision of utility and water service, street circulation an'd access, and open space within new development. This legislation allows establishe d municipalities to de a l directly with new deve lopment. I t is u s ed to prevent leap-frog development in rural areas and expanding areas.7 This legislation authorizes municipalities to regulate the conversion o f open land to developed land so that i t coherently blends with existing development. It allows for the regulation of physical amenities such as street width and grade, circulation patterns, utility services, etc. The powers d e legated by Colorado legislation include regulations providi.nc for the proper arr:mge m ent of streets in relation to other t•x islinr, or planned streets and to the master plan, for adequate and con v enient open spaces for traffic, utilities, access of fire fighting apparatus, recreation, light and air, and for area and width of lots.B Subdivision regulation is often inflexible for development design and integration of a variety of housing types and land uses to meet the needs of a d i verse and changing population. This is caused by the type of guidelines set as minimum s for development. Too often, the minimum becomes the m aximum due to the profit-motive behind land development for the highest possibl e r eturn o n the investment. Another pitfall of this power is the lack o f standards by which development is measured. This results in the construction of d e velopments which cost more to maintain than the rc:i!nues generated; default a nd then must be maintained by the municipality because roads and sewers w e r e built and dedicated; or the proposal not being built.9 Each of these offe r serious consequences for the locality but can be avoided with careful scrutiny and analysis of proposals. This is not a mandated power for cities and towns; municipalities may choose not to adopt subdivision ordinances. The alternative of no governmental reg ulation o f the layout and capital improvement s of new development can result in exacerbating the existing problems of the town (i.e., traffic congestion, sewerage, overcrowding of schools). It may also allow incompatible or unnece ssary development. It should also b e noted that the territorial jurisdiction over subdivision of land includes all land within the bo und aries o f the municipality. If a major street plan has been adopted by the municipality , it also can regulate the subdivision of all land within three miles of its boundaries and not within another municipality.lO

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J LEGISLATION: PURPOSE: PO\YERS AUTHORIZED: PITFALLS: 30 SENATE BILL 35, County Subdivision Regulation, CRS 19731 31-28-133 The explicit purpose of this legislation is to require counties to enact subdivision regulation. It mandates the setting of minimum standards and procedures for the subdivision of all unincorporated land within the county. This legislation explicitly mandates country government to require site specific j_nformation from developers prior to subdivision approval. This includes provisions in the subdivision regulations for "adequate domestic water and septic disposal; mitigation of soil and geological problems; dedicatidn of land or money for park and school sites; and bonding public improvements."ll Basically these are the powers authorized by this legislation, with the intent that these are fundamental to ensuring good development which is not to the area. The importance of Senate Bill 35 is its impnct on land devl'lnpnlC'nt in rural areas. This Act wns a primary force in halting "the subdivision and snlcs o[ submarg!nr d Jots in n1nil and preventin g "residential sprrtwl. nnd Jcap-frug dt!VL•.lopmcnt." 1 l llnWt'Vl'r, it also has had a very strong impact on ruralmunicipaliti
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'II ..J LEGISLATION: PURPOSE: POWERS AUTHORIZED: PITFALLS: ]J PLANNED UNIT DEVELOPMENT, CRS 1973, 24-67-102 The intent of the ru n Act is to provide a meClns for loc
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LEGISLATION: PURPOSE: POWERS AIITHORIZED: PITFALLS: 32 HOUSE BILL 1034, CRS 1973, 29-20-102 This Act authorizes local government to regulate land use " i n order to provide for planned and orderly development ... and a bal;mcing of basic human needs of a changing population with legitimate environmental concerns."l7 The specific m ethods of achieving this a r e not laid out in the legislation. Thus, the Act authorizes local government to deal with planning and development, but it does not say how local governme .nt is to do so. It is a response to the demands of local government todetermine on its own what areas and activities need regulation and how they ought to be regulated. The Act speci.fifically delegates power to local government to "plan for and regulate the use of land within their respective jurisdictions."l8 It delineates specific areas to be regulated by local government and "then apparently grants the full police power o f the State t o local government to deal with those issues."l9 This legislation authorizes specific areas of regulation, but not the method to be used for regulation. This may be construe d t o mean a statutory municipality can implement any variety of controls to regulate within the areas dessignated by legislation. These areas include: , development and activities in hazardous areas significant wildlif e habitat and •.• wildlife species areas of historical and archaeological importance the location of activities .•• which may result in significant change& in population density; the phased development of services and facilities; regulation of land use on the basis of its impact on the community; • provision of planned and orderly land use and protection of the environment 20 The very fact that the Act does not spell out how to achieve its purposes may be a problem. It leaves room for debate about whether or not any control is legal under Colorado law, simply because it does not specify what controls can and cannot be used. There is limited precedent set under H.B. 1034. Ordinances enacted under it are subject to judicial interpretation if their legality is challenged.

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LEGISLATION: PURPOSE: POWERS: PITFALLS: 33 HOUSE BILL 1041, CRS 1973, 24-65.1-102 This act was intended to be Colorado's comprehensive land use law. The Act describes areas and activities which may be designated to be of state interest and establishes criteria for their administration. The key to this legislation is the concept of "matt<>rs of state interest." The Act that bC'causc something is lmport.1nt to the public statewide, local govcrnm c•nts haVl' the powl!r and to regulate that area or activity on that basis. The areas a local government may' designate and thus regulate are: 1) mineral resource areas; 2) natural hazard areas; 3) areas containing or having a significant impact upon, historical upon historical, natural, or archaeological resources of statewide importance; 4) areas around key facilities in which may a21 material effect upon the facility or surround1ng commun1ty. The state does not obtain direct authority over designated areas or activities.22 However, these "areas and matters may be addressed by local governments in any existing unzoned portions of their jurisdic tion."23 Its basic purpose is to encourage local government to regulate land use and development specifically in these areas because of the potential impact on an area greater. than that locality, namely the entire state. Simplified, the powers to: 1) identify and designate areas of state concern; 2) adopt regulations to govern those areas; 3) designate those projects which must comply with the adopted regulations; 24 4) apply and enforce the regulations. The Act sets up a permit system and establishes m1n1mum standards which must be met by development in those designated areas before it can be approved and a permit issued.25 Thus, it sets forth some explicit procedures and enforcement controls for the administration of regulations under the Act. It also authorizes technical and financial assistance to be provided directly to local government for planning and developing guidelines for regulation in areas of state interest.26 Essentially, HB 1041 authorizes local government to develop their own guidelines for the administration of designated areas. It also allows local government to design and administer perm i t programs to r<>gulatc designated areas. Finally, it explicitly authorizes the regulation of land use and development in specific areas and under certain conditions. It broadens the methods statutory towns can use to regulate land use, specifically allowing permit systems. Other unspecified regulatory schemes may also be authorized, but would be subject to judicial review if challenged. If the permit system is adopted, no provisions are provided for variances or exceptions; development must mee t the statutory ments and policies to receive a permit:7T The procedural require ments are confusing, lengthy, and costly.28 The entire process of designating areas of state interest is "difficult and messy, and can be more trouble than anything else."29 It docs give some teeth to enforcing regulations adopted under the Act, but is so caught up in administration and procedural red-tape that it is difficult to enforce, anyway.

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What does all this legislation mean to local gove rnm ent? lklsic:llly, it mt':llls tlt:..tt under current l.egh;latiun, tile scopl' of t ilt • statutory municipality's authority to regulate land is quite broad, and perhaps vague. H.B. 1041 and H.B. 1034 try to open the scope of local government regulatory authority to new and different approaches besides zoning and subdivision. However, the net result of these Acts has been to give local government very broad discretionary power to control land use in a manner deemed appropriate by '34 local officials and citizens. Neither gives any substantive authority to actually accomplish this. Prior to 1974, when these were enacted, local government had only the options of zoning, planned unit development, and subdivision regulation. Efforts to circumvent the limitations of strict zoning through the use of flexible zoning techniques did not seem to ade-quately solve the problems faced by local government. Growing dem< tncls for environmental protection, affordable housing, compact neighborhoods, and mixed land uses all contributed to the perceived need for more power at the local level to deal directly with their problems. H.B. 1041 and H.B. 1034 may enable local government to deal with such issues, and others unique to their area, more effectively. Or, they may not really offer any legal basis for local government to initiate and enforce new types of regulations. H.B. 1034 grants the power to regulate land use , but neither expressly permits nor denies what types of regulations are to be used.30 Thus, ordinances adopted under this Act are subject to

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debate, with little or no set criteria to what tile true intent of that legislation is. H .B. 1041 offers a similar dilemma for statutory municipalities with the added disadvantage of requiring the designation of local areas to be of state interest. The animosity and fear of State intervention in local affairs is not at all conducive to the application of this Act. No m atte r unde r which statute a town chooses t o l : tntl 35 use regulations, it is vital to first ensure that they are within the 8Uidelines set forth in the legislation. If those guidelines are vague, the regulations will be subject to judicial review. They may be declared invalid on the basis of judicial interpretation of the intent of the legislation. If the ordinance cannot be enforced, the town has no means of discouraging, much less preventing, unwanted development. The Colorado enabling legislation has been presente d as a primer on the scope of power local government actually has to regulate private land use and implement a growth management system. The analysis demonstrates that this power is broad, but the means authorized to do so is vague. H.B. 1041 and H.B. 1034 have opened the door to the use of techniques other than zoning but do not offer a definitive legal base for alternative methods. But since the door is open, municipalities should be aware o f the various methods which might be l egal under Colorado law. Until precedent has been set in the courts, or more explicit legislation is enacted, there is no way to anticipate whether or not an innovative measure reviewed herein is in compliance with the Colorado statutes. The •

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next chapter analyzes possible techniques, methods, and approaches to land use regulation which a rural city or town may wish to imple ment ' to achieve its goals and objectives. 36

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Footnotes 1Theresa W. Dorsey and Fredrick Salek, The Law of Planning and Land Use Regulation in Colorado, pp. 2-27. 2colorado Revised Statutes 1973 (1977 Replacement Volume), volume 12, section 31-23-303(1), p. 668. 3 Dorsey, pp. 2-28-29. 4colorado Revised Statutes 1973, volume 12, section 31-23-304, p. 669. 5rbid., section 31-23-307, p. 671. 6 James L. Kurtz-Phelan, ''H.B. 1041: A Step Toward Responsible and Accountable Land Use Decisions," The Colorado Lawyer, Vol. 6, October, 1977, p. 1720. 7Herbert H. Smith, The Citizen's Guide to Planning, pp. 83-90. 37 8 -Colorado Revised Statutes, volume 12, section 31-23-214, p. 658. 9Lecture presented by Eric Kelly, Private Consul in Growth Management, Denver, Colorado, March 5, 1980. 10colorado Revised Statutes, volume 12, section 31-23-212, p. 657. 11Kirk ham, Jr., "Land Use Management in Colorado: Past, Present, and Future," The Colorado Lawyer, Vol. 6, October, 1977, p. 1781. 12Ibid. 13Ibid. 14Ibid. 15 Colorado Revised Statutes, volume 10, section 24-67-102, pp. 439-440.

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16 Dorse y , pp. 4-9. 17colorado Revised Statutes, volume 12, section 29-20-102, p. 132. 18Ibid. 1\Jickersham, p. 1782. 20 Colorado Revised Statutes, volume 12, section 29-20-104, pp. 132-133. 21 Colorado Revised Statutes, 1979, cumulative supplement, vol. 10, sections 21-65.1-103 and 24-65.1-14, pp. 206-208. 38 22Michael D. Petros and Raymond L. Petros, "Land Use Legislation: H.B. 1034 and H.B. 1041,11 The Colorado Lawyer, vol. 6, Octob er, 1977, p. 1697. 23wickersham, p. 1781. 24Ibid., pp. 1781-1782. 25 Kurtz-Phelan, p. 1720. 26 Dorsey, pp. 8-31. 27 Kurtz-Phelan, p. 1722. 28wickersharn, pp. 1781-1782. 29rnterview with Bill Crank, Town Manager, Town of Basalt, Basalt, Colorado, February 21, 1980. 30charlie Jordan, Background Discussion of Land Use Regulatory Enabling Legislation, a report to the Colorado Land Use Commission, Denver, Colorado, December 16, 1977, pp. 6-7.

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LAND USE REGULATIONS woo 0[}{] 0 [b \YAYJO[bfb @UJJ[ru 39

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Land use regulation can be an extremely touchy subject. This is caused partially by a lack of understanding about the goals of such controls. Any growth management system is most effective when clear, accepted, common goals are the ends the regulations are to achieve. Without such objectives, the purpose of land use measures can be confusing and meaningless or unfair. As goals and objectives change or are achieved, the regulatory scheme should be adjusted. In this way changing needs can be met and new technologies incorporated into the system to better meet community goals. As with planning, land use regulation is not static; it is a process. 40 One control cannot be adopted and be expected to perform effectively forever. Revision is required to ensure that whatever measures enacted continue to meet changing needs over time. If more problems arise than are solved, then the entire land use regulation system should be re-examined. The purpose of this section is to define the options available in land use control techniques. The chart on the following pages lists the controls alphabetically, defines each control, states its purpose, and reviews some potential problems with the actual use of the control. This is meant to be used as a general reference for use in the selection of the land use regulations most appropriate to meet community needs and objectives and manage future growth. In many cases, the pitfalls delineated in each description may be avoided simply by keeping them in mind when planning the ordinance.

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It should be remembered that no regulation is perfect. Any land use measure must be fine-tuned to fit each town's specific situation. Problems attributed to an adopted regulatory scheme should be corrected immediately rather than trying to "live with" them. The ordinances and regulations enacted should not be considered to be cast in concrete. It is when they are viewed as unchangeable that seemingly insurmountable problems between the ordinance and new development arise. To accommodate growth and change, local government must be willing to adjust its regulations to meet new and changing needs. 41

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REGULATION . AESTHETIC ZONING A.'rn EXATI ON BONUS/INCENTIVE ZONING CAPITAL IMPROVEPROGRAMMING DEFINITION Aesthetics are considered in establishing lot size, building height, setbacks, 1 density controls, etc. It is now being used as part of historic preservation and specific architectural controls. This involves the creation of a zone district based on beauty or aesthetics of the structures within the district. This is a power authorized by the State for local municipalities to add unincorporated contiguous territory to the municipality. As a land use regulation, it is used as a method of directing and timi ng development. This technique is used to encourage developers to contribute amenities to the community in exchange for which the developer is allowed to build without conforming to t!he zoning ordinance. This technique examines the current and future capacity of the town's utility systems and sets a schedule for their improvements and/or expansion. This schedule is used to determine where and how much and when new development can take place. PURPOSE This technique is used to maintain a type of design (i.e., Old 1-lest prevent incompatible design of new structures, or preserve and maintain historic areas. This is used to allow new development to coincide with established areas, and to allow for the expansion of towns. It gives more local control over unincorporated land. The purpose here is to allow flexibility in standard zoning and to encourage the donation of public facilities and amenities to the community. This technique is usually applied to specific districts, such as areas with commercial development. This is used to stimulate or curb growth according to a timetable for development based on expansion and capacity of public services, utilities and facilities. It is also used to ensure that adequate services are provided to new developments as well as to older areas of the tm.rn. POTENTIAL PROBLEMS To date there have been challenges to the legal basis for establishing aesthetic zones. Due process and the taking issue are both possible challenges to aesthetic zone districts. Georgetown's historic preservation ordinance has been successfully challenged.! Any given municipality needs goals and policies to determine if, when and under what circumstances the town is capable of absorbing annexation, both in the long and short-term.2 May be challenged on various grounds including due process. Developed for use in urban areas to extract additional amenities from developers to help pay the cost of maintaining residential development? Also are enforcement problems. May be problems with actually following established timetable. By holding up development in one area due to lack of utility capacity the overall cost may increase due to inflation and time delay. In Colorado, land use decisions made on this basis are authorized under H.B. 1034.

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REGULATION. CLUSTER/DENSITY EASEMENTS COHPENSABLE REGULATION DEFINITION This technique allows the established maximum density of a zone district of a given parcel of land to be used as the overall density for that parcel. Thus, a developer may increase the density of development on a portion of the parcel, as long as the total num ber of units does not exceed the maximum allowable density. This technique refers to the acquisition by government of full or partial rights to a piece of land. The land is acquired for the purpose of pro viding for the public benefit. The land may be used for a specific public purpose (i.e., a utility right of way) or the uses to which the land may be put may be restircted (i.e., scenic view rights of way which limit the height of buildings). The landowner is compensated for any decrease in value caused by regulations on his property. Land use is restricted, but the owner i s pensated. PURPOSE This method is used to: promote flexibility in subdivision design; encourage the construction of higher density, lower cost housing for middle-income residents; encourage variety in the housing stock of a community; encourage common open space; allow for better use of individual parcels and to allow developers to 5 place development on the best site. Its purpose is to control specific parcels of land for specific purposes. It is most successfully used in utility rights of way and road access. lt is used to preserve open space; as an interim measure to prevent development on land a town may want to purchase for parks or recreation; and as a means for a landowner to retain his/her property profitably. This method allows land to remain under provate mmership, thus decreasing the cost of public maintenance. POTENTIAL PROBLEMS iVhen open space is created in this manner, there is a maintenance problem and t h e question of who bears the cost of maintaining that space.6 This technique is intended for large developments and may not be appropiate for redevelopment of individual lots. Provision and placement of parking must be considered when clustering housing units. Cost is a major problem. How willing the landowner is to sell be a problem, although the power of eminent domain may be used to conder.n the land just compensation paid to t h e landowner. Cost of providing compensation is prohibitory. May be unpopular due to restrictions. Actual use is rare; there are few examples of how it works, and therefore few tests of its success as a land use regulation.7

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REGULATION CONDITIONAL CONTRACT ZONING ENVIRONHENTAL IMPACT DEFINITION A developer agrees with a community to use or build on his property in a specific manner . It is usually a case of a rezoning subject to a specific condition that only a certain type of development will be constructed on that parcel. Similar to Conditional zoning except that the developer or landowner agrees to put certain deed restrictions on the property in exchange for a desired rezoning. This is a process designed to evaluate the impacts of a proposed development on the environment. The development is assessed according to both positive and negative environmental effects. It is primarily advisory in nature and is advocated on the basis of r equiring the kind of information needed to make decisions about land use. PURPOSE This is used to allow flexibility in zoning. It allows property to be utilized for development which would otherwise remain undeveloped due to the zoning on that parcel. This method is used to allow flexibility in the zoning system. It increases the control government has over specific parcels of land. This method ensures that a proposed land use will be implemented by the landowner and to prevent that property from being used for any other use allowed under that zoning classification. This is used to ensure that impacts on the environment are considered in the evaluation of developments. It is designed to use environmental factors as the major determinants of the location, amount, and even type of development in any given area. POTENTIAL are major problems wtih the legality of method. It has been construed as being prima facie spot-zoning, which is unconstitutional. 8 There is also a problem with enforcing the conditions of the development.9 Again, this method has severe legal limitations. Basically, the zoning authority does not have the power to bargain away its legislative power to10 regulate land for the public welfare. Many Environmental Impact Statements just are not well prepare, and may not provide the necessary information for decision making. The Environmental Impact Statement itself does not provide the standards by which these impacts are reviewed; such standards must be set by each agency development and EISs.ll The entire process puts an additional burden on the developer, since it is he who must submit the report, and can delay development.

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REGULATION FEE AND TAX SYSTEMS* FISCAL ZONING FLOATING ZONES DEFINITION These methods are intended to generate revenue for the community, and, because of the cost involved, do have an impact on where development happens. One example is urban and rural service areas where tax rates can be established on the basis of the level of service each area receives. In its purest form, it is basing zoning decisions on increases in general revenues or decreases in general costs or both. A zone district is written into a community's zoning ordinance to provide for a specific need of the community, but it is not mapped (that is, no area within the community is designated that zone), except in response to specific proposals by developers. The float zone may be used to promote specific types of housing, industrial districts, etc. PURPOSE The main purpose of this method is to generate revenues, but different assessments have different effects on development. These can be used to inhibit development in certain areas, or to slow development simply by increasing the cost of developing. They are also used to maintain open space and agricultural land through preferential tax treatment to these property owners.12 It is used to protect the tax base of the community and to ensure that new development is paying its own way in terms of services and facilities. It is a means of reducing the burdens on the municipality's services and to gain higher tax revenues. This method allows flexibility in development proposals; encourages the private sector to meet the needs of the community. It avoids predeter m1n1ng land uses and prevents land values from increasing unnecessarily simply due to a zone designation.l4 POTENTIAL PROBLEMS The costs to the developer are usually passed on to the buyer, thereby increasing the market price of housing and commercial space, or other developm ent. The demand for development may totally supersede any effect this technique may have on controlling or directing development and growth. The system which determines fiscal impacts canbe difficult and confusing. It is most easily developed for communities with revenues almost exclusively from property taxes.l3 It is rarely used with few tests of its effectiveness as a land use regulation. Its effectiveness is limited due to the fact that no development may be proposed which conforms to ge requirements of the float zone. It is somewhat similar to the Planned Unit Development concept.l6

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REGULATION FLOOR AREA RATIO IMPACT ZONING INTERIM CONTROLS DEFINITION A ratio between the amount of floor area allowed in a structure and the size of the lot. A process whereby development is evaluated against a community's capacities both current and future. Desires and undesirable impacts are specified using performance standards, against which the development is evaluated . This approach incorporates cost-benefit analysis and the Environmental Impact Statement. Thus, within zone districts positive and negative effects of development are identified a nd the suitability of any proposed developments is weighed against these impacts. An effect of development may be an increase on the sewer system; with impact zoning, the developer is responsible for mitigating some of the effect of the development on the sewer capacity. These are controls or regulations enacted to prevent or restrict development until the planning process for a town has completed a land-use or comprehensive plan, and permanent regulations designed to implement that plans have been developed. PURPOSE To allow variety and flexibility in building design and shape. A structure may have any number of stories as long as it conforms to the established ratio. A ratio of 2.0 allows a 2-story building covering the entire lot, a 4-story building on half the lot, etc. This method is used to encourage land use decisions made on a factual basis, taking into account a community's ability to absorb new development. It allows for consideration, directly, of a community's facilities and goals as well as the environment. It provides incentives for locating development in areas most suitable for it.l7 It seeks to prevent a community from unnecessarily overloading its systems and encourages the developer to contribute directly to assisting a community in meeting the costs of additional development. This allows a "moratorium" on development during the planning process. Interim controls are intended to preserve the status quo so that any new development proposed will be in accordance with the plan being developed. They a r e used mainly to ensure that developmental proposals which may no t coincide with a proposed master plan are not authorized under the soon-to-be obsolete system of land use control. Thus, new development is reviewed so that it will comply with the oals of the communit as stated in the POTENTIAL PROBLEMS Administration and enforcement may be difficult and confusing. Setting up the system and d etermining what ratio is appropriate for different building uses may cause problems, especially in mixed-use areas. The cost to the community is substantial; it does require a large investment for base data. It also requires access to a computer system to late this information with proposed development.l8 The cost to the developer is also a problem. Mitigation of the impacts of a development may be costly a nd time consuming, increasing the overall price of the development and thus the cost to the buyer. The major problem is in determining what type of development/re-development may be authorized and prohibited during the planning period. New development proposals may be rushed in to the Plan ning and Zoning for consideration before the interim controls are adoped. Opposition to any change in the current of land use regulation may be quite strong.20

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REGULATION LAND-BANKING LARGE LOT/LOW DENSITY ZONING NATURAL HAZARDS DEFINITION A municipality or authorized public agency may purchase land to be held for future development or to prevent development. The land may be held in public mmership and leased out for private development, or it may be sold to private owners with deed restrictions. The establishment of zone districts with very large minimum lot sizes and very low densities. Natural features and hazards of the area are identified and zone districts established for these areas specifying land use restrictions for each district. Conservation zones might be agricultural districts, forestry districts; hazard zones include the floodplain, avalanche a reas, etc. PURPOSE This technique is used to phase/sequence development, to increase the control government has on the type of development which can occur on a parcel of land, and to preserve open space, create buffer areas around communities, and to preserve agricultural lands. It is also used to curb land speculation, prevent urban sprawl and to control unplanned growth.21 In rural areas this technique is used to prevent urban development to deter high density development which may be detrimental to the environment. It is also used to control population density on the basis of inadequate municipal services for large increases in population and to control the demand for services, such as schools.23 This is an attempt to apply traditional zoning to the environment. It is a mean of conserving resources while Ero viding recreational POTENTIAL PROBLEMS The cost is exteremely high; large amounts of money are needed to purchase enough land to be effective. Financing of a public land banking agency may be difficult. The use of eminent domain by such an agency may be questionable.22 The cost of developing large-lot, single family dwellings is relatively high, thus effectively qiscouraging moderately priced housing, and excluding certain economic classes from the area. It is difficult and expensive to provide utility services to such developments. The courts have invalidated large-lot/low density zoning on the grounds that it is discriminatory, but the courts are likely to u phold large-lot zoning in rural areas (to preserve the character of the area) but not in areas subject to development. 2 4 Usually no o ther land uses are allowed in these districts. These zones have not been effective in areas with high growth pressures, mainly due to land speculation and the availability of rezonings. Does not have a good track record in preserving the areas designated for preservation.26

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REGULATION PERFORMANCE STANDARDS* PERFORHANCE ZONING* PERMIT SYSTEM DEFINITION The identification and listing of acceptable levels of nuisance or impacts of development (as opposed to specifying acceptable types of uses). Establishes limits on the external effects of a development, development standards, which must be met by any development before it will be approved. A town is divided into zone districts and environmental features are identified as hazardous or in need of protection. On this basis any proposed development with an identified hazard on the site is allowed to build at the authorized district density, but only on that portion of the site considered to be developable. All development requires a permit which is issued after a review of the proposal on the basis of its impact on the coremunity. Most permit systems use points to determine whethe r a development meets all requirements of established community policies. A set total number of points means a development may precede. Performance standards are used to determine whether the policies have been met. PURPOSE Designed to address the problems faced in rural areas experiencing rapid growth. It essentially creates a working relationship between the community and the developer. The problems faced by the town are identified and solutions stated in the perform ance standards. The developer, by complying with the p erformance standards helps the community to mitigate its problem or achieve a stated objective.27 This technique is used to protect natural resources, prevent development in environmentally hazardous areas, and to flexibi ity in site design. 8 This system is used to direct the location and sequence of new growth; to ensure new development complies with community goals and facilities; to allow flexibility in development; to allow for the addition and subtraction of planning policies as community needs and attitudes change. This system encourages development on the most suitable land for development without predetermining what land may or may not be suitable.30 POTENTIAL PROBLEMS The cost to the developer in meeting design standards may increase the cost of development in the area. It can be difficult to apply and enforce these to environmental hazards. Administration may be difficult or confusing, There is basic background information needed to establish the performance standards, which is an additional cost to the community. Administration may be a problem, depending on the staff available to review proposed developments. The relative newness of the technique makes it difficult to predict its effectiveness. The community has the responsibility of providing detailed overall base information about the community to the d eveloper so that the developer needs only to provide information about the development itself.29 The initial cost for the base information needed to set policy and perform ance standards may b e prohibitive, especially in rural communities. Admin istration of the system may be con and may require trained staff.

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REGULATION PHASED DEVELOPI>IENT* PLANNED UNIT DEVELOPMENT* DEFINITION Controlled timing and location of development by establishing what land is most desirable or most necessary for development. This allows growth which will coincide with improvements and/or expansion of community facilities and services. A combination of zoning and subdivision regulations allowing large scale development involving a mixture of land and building uses which are integrated into an overall plan to provide a balanced development which compliments and existing community. PURPOSE This method recognizes that growth and change are inevitable and sets a process for the community to absorb change. It sets a time-frame on wh:ich raew growth can be based, controls how much and where new growth occurs, ensures the provision of adequate services.31 Used to promote flexibility in design and type of development and to promote mixed use development. It encourages the clustering of buildings on the site to pres erve open space and lower construction costs. It is designed for large scale development to promote variety in new developments. It is also used to allow for lower construction costs thus encouraging lower cost housing. 33 POTENTIAL PROBLEMS Th-1-s is some times challenged, but it is becoming generally accepted as a legitimate means of controlling development. Once a timetable is set, it may be difficult to alter it as needs and desires of the community change. The coordination of phased development is very difficult.32 Development may be delayed or prevented by the of the PUD ordinance and vague criteria, making it difficult and time-consuming for the d eveloper to comply. Open space maintenance and cost of that maintenance are also problems. The flexibility allowed may be applied arbitrarily by the community if it i s not backed by design criteria or performance standards. The decision making and review o f PUD proposals is split between the _board of adjustments, zoning administrator, the planning and zoning com mission, and the city council. Procedural safeguards are needed to protect both the community and the developer.34

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REGt;1..ATION POLICIES PLANNING QUOTA SYSTEMS RESTRICTIVE COVENANTS* DEFINITION A set of general statements (goals and objectives) which define the direction and character of future growth and development. Most effectively used as annual limitations on allowable growth (i.e., a number of building permits to be issued annually). May also be used to set absolute limits on growth, but this is highly controversial. One other technique is to set targets for new or additional employment and population, thus encouraging diversity in the community to stop a town from becoming solely residential. These are private agreements restricting land use which transfers with ownership. PURPOSE This is a broad framework for action providing stability and consistency in landuse decision making. It is used as the basis by which specific decisions on development, land use and growth should be made.35 These broad policies are used to determine and direct the actions necessary to encourage desired development and discourage incompatible development. It is an excellent tool in multi-jurisdictional areas because it delineates common goals and objectives which each governmental unit should strive to achieve.36 There are a variety of reasons for this approach, most notably of which is to lim:t or totally discourage growth to retain the character of a community. Also used to try to balance the type of development occurring; a community may encourage a variety of land-uses or discourage some land uses by issuing more of one type of permit than another or by allowing more of one type of development.37 Used to tailor land use regulations to specific sites and to allow more restrictive regulation of land than normally allowed under public regulation. POTENTIAL PROBLEMS Often the goal statements are too broad to be realized. Policies alone cannot accomplish the desired ends. Specific regulations must be enacted in conjunction with these policies in order to achieve them. This is an extremely controversial approach to land use regulation. Ceilings on growth greatly minimize the flexibility of any land use regulation system. It also may have the effect of drastically, and unnecessarily increasing land values by specifically limiting the amount the community may grow in a given t ime period.38 Little or no public direction or contro: over restrictive covenants. Very diffi cult to change or amend.39 VI 0

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REGULATION SITE PLAN REVIEW SPECIAL USE PERI-liT SUBDIVISION REGULATION DEFINITION The establishment of general rules and standards by which site plans of proposed developments are reviewed by local officials. This technique is used where certain types of development are considered desirable but require special control. The zoning ordinance must specify all the conditions which must be met before a special permit use can be approved. These are locally adopted laws which regulate the process of converting raw land into development. Specific criterion is set which must be met before development can take place. PURPOSE This technique is used to tailor development proposals to community goals and objectives. It is also used in subdivision review to ensure that the site has adequate roads, utilities, drainage, etc. It offers a process of negotiation through which effects of a development can be mitigated to the satisfaction of both the community and the de'!eloper. 40 Use to permit flexibility in the zoning ordinance. It recently has been used with net development to channel it according to municipalities comprehensive plan. Used to ensure that minimum standards considered vital for livable development are met by new developments and that the necessary services are provided.43 POTENTIAL PROBLEMS To effectively use this method, standards against which to measure the impacts of developlrnent must be established. There are problems with the legality of _using this method for all development without other land use regulatory controls; decisions may be construed as arbitrary.41 Also, the time-frame for review of the proposal may be used as a delay mechanism to discourage developmen. t and may increase costs of development. There are potential problems with this method being applied arbitrarily to similar situations in the community. It is limited in its use and effectiveness by the fact that it is tied specifically to those conditions specified in the zoning ordinance. This type of land use regulation tends to allow single family detached residential development only. It is fairly rigid and inflexible in the type of design. Tends to not promote the best use of a parcel, but merely the meeting of universally applied minimum standard.44

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REGULATION TRANSFER OF DEVELOPHENT RIGHTS (TORs) ZONING DEFINITION This is the technique of assigning a number of development rights to land based on its value, recommended density, etc. All parcels of land within the community are allowed a certain number of rights. Development on any given parcel may occur only if that parcel has the proper number of development rights. Rights may be sold and transferred from one parcel to another within a defined district, rather than to anywhere in the community. The division of a town or county into districts and the regulation within each district of building use, land use, density, coverage of lots, bulk of structures, etc. Traditionally zoning has focused on different types of land use and their.location in relation to one another to provide a balanced community which serves the needs of all its current and potential future residents. PURPOSE Used to preserve open space by allowing the land desired as open space to be marketable by permitting the owner to sell his development rights to other property owners. Basically TDRs take the burden of land designated as undevelopable off the property owner by allowing profit based on the transfer of the right to develop. Has been used to protect and preserve the single family house neighborhood. Used as a means to maximize property values and preserve the status quo.4 7 It originated as a control over land uses considered as nuisance or health hazardous to residences and to ensure adequate housing is provided in a com munity. Zoning sets standards of acceptable uses or different areas in the community. POTENTIAL PROBLEMS This system is complicated to administer; a quasi-public agency needs to be established to handle the transfers. Problems arise in determining the number of rights to assign to any given parcel and how to assign them.45 The concept of allowing higher density development in one area because another is preserved may not hold up over time, and density may actually increase overall. It can be highly speculative, raising costs and development cost.46 It is considered rigid and inflexible and inappropriate to promote new growth or just to control new growth. It does not allow flexibility in design of development or natural mixture of land uses and building types. It assumes that all similar development has a similar impact on the community and allows or prohibits development without an analysis of the actual impacts of the development.48 It can be difficult to administer because it does not and may not be able to address the problems and needs of the community and does not allow for changes in technology, community conditions, public attitudes, all of which affect development.49

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53 Footnotes 1south of Second Association vs. Georgetown, 580 P 2nd 807. 2Michael E. Gleeson et al., Urban Growth Management Systems: An Evaluation of Policy Related Research, p. 44, and William I. Goodman and Eric C. Freund (eds.), Principles and Practices of Urban Planning, p. 398. 3 Gleeson, p . 40. 4rnterview with Charlie Foster, Planner, Colorado Division of Local, Planning Division, Denver, Colorado, February 11, 1980. H. Smith, The Citizen's Guide to Planning, p. 162; Gleeson, p. 40; Goodman, p. 431. 6Eric D. Kelly, Land Use Control, p. 55. 7 Gleeson, p. 35. 8Ibid., p. 39. 9Richard F. Babcock and Fred P. Bosselman, Exclusionary Zoning, Land Use Regulation and Housing in the 1970's, p. 78. 10 Gleeson, p. 39. 11 Kelly, p. 9. 11. 12 Gleeson, p. 44. 13 Kelly, p. 8.9 14Ibid., p. 2.10 15rbid. 16 Babcock, Exclusionary Zoning, p. 80.

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17Frank Schnidman (ed.), Management and Control of Growth Techniques in Application, p. 43. 18Ibid., p. 44. 19 Gleeson, p. 46. 20Ibid. 21Ibid., p. 35. 22Ibid., p. 36. 23Ibid., p. 42. 24Ibid. 25 202. Goodman, p. 26Ibid., PP 202-203. 27 9.14. Kelly, p. 28rnterview with Mike Frank, Planner, Buck's County, Pennsylvania, Doylestown, Pennsylvania, 7/10/79. 29 Kelly, p. 13.2 30schnidman, pp. 185-188. 31 Goodman, p. 206. 32 Kelly, p. 6.9. 33 Babcock, Exclusionary Zoning, p. 73. 34Ibid., p. 76. 35 Goodman, pp. 331-332. 36Ibid., p. 332. 54

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55 37 Gleeson, p. 40. 38 Reference growth management systems used in Aspen and Boulder Counties in Colorado. 39 Gleeson, p. 39. 40schnidman, p. 36. 41rnterview with Jim Kuziak, Planner, Gunnison County, Colorado, Aspen, Colorado, April 2, 1980. 42 Gleeson, p. 40. 43s . h m1t , p. 88. 44 Kelly, pp. 3.1-3.2. 45Ibid., p. 12.2 46rbid., p. 12.10 47 Richard F. Babcock, The Zoning Game, Municipal Practices and Policies, pp. 115-117. 48schnidman, p. 184. 49Ibid.

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PUTTING IT ALL TOGETHER [}{]@\YAY] l[[}{][g 56

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The next step in determining what regulations are most suitable in the rural setting is to match community goals with the land use controls designed to accomplish them. Knowing the options available and their purposes expands a town's ability to design a land use management system to meet its needs. To illustrate how to do this, recommendations on how Basalt can achieve its goals are outlined on the following chart. This chart also explains some actions and/or attitudes Basalt ought to adopt to achieve its goals, and how those actions translate into specific land use regulations. 57

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COMMUNITY GOALS I. HOUSING A. To provide for affordable and diverse housing types to accommodate people in all income ranges. B. To encourage rehabilitation and renovation of the existing housing stock. C. To encourage housing which is compatible with the environmental of the community. II. THE ECONOMY AND SERVICES A. To encourage increased business opportunities. B. To encourage light industrial activity in the area, to increase the job market. THIS MEA.."iS THE TOWN SHOULD: • • • allow a developer to use building and design techniques which help to cut his development costs. • • • be willing to streamline procedures for building permits and provide some economic incentive for upgrading property; i.e., allowing a renovated single-family home to be used as a duplex. • • • require site specific information from the developer about the impact of the development on identifield environmental concerns and set guidelines for the mitigation. • • • designate areas for business development and provide economic incentives to encourage business to locate in the town. . • • designate possible areas for industrial development and provide economic incentives to encourage industrial activity. HOW TO MEET GOALS Cluster Zoning Impact Zoning Planned Unit Development Performance Standards Floor Area Ratio Special Use Permit Performance Standards Impact Zoning Aesthetic (Historic) Zoning Impact Zoning Performance Zoning Planned Unit Development Performance Standards Natural Hazards Zoning Float Zones Compensable Regulations Fee and Tax Systems Performance Standards Planned Unit Development Special Use Permit Float Zones Compensable Regulations Fee and Tax Systems Performance Standards Planned Uni t Development Special Use Permit

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c. COMMUNITY GOALS To maintain the tax base of the town. D. To ensure the provision of adequate utilities and services to all residents III. THE ENVIRONMENT-MAN-MADE A. To preserve the historic aspects of the community. B. To maintain the rural character of the area C. To encourage the maintenance of an open space greenbelt around the municipality THIS MEANS THE TOWN SHOULD: • • determine the costs and revenues generated by any project to ensure new development will pay its own way. ••• evaluate current demand against current capacities and future demand, and encourage new development to contribute directly to the expansion or improvement of services and utilities and not overload the town's service systems. • • • identify historic structures and areas, create guidelines and economic incentives for their preservation. • • • be willing to encourage compact development and preserve the open space around the town. • • • establish incentives for maintaining land as open or agricultural and be willing to keep development within established utility and service districts. HOW TO MEET GOALS Capital Program Fiscal Zoning Impact Zoning Capital Improvements Program Fiscal Zoning Fee and Tax Systems Impact Zoning Aesthetic (Historic) Zoning Performance Zoning Compensable Regulations Transfer of Development Rights Floor Area Ratio Capital Improvements Program Per ft mance Zoning Land-Banking Scenic Easements Land-Banking Transfer of Development Rights Cluster Zoning Performance Zoning Capital Improvements Program Natural Hazards Zoning Performance \ , 'I .;. 1..11 \0

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CoMMUNITY GOALS IV. THE ENVIRONMENT-NATURAL A. To preserve and protect environmentally sensitive areas B. To preserve and protect riverside ecology V. PARKS AND RECREATION A. To provide and develop parks to serve the recreational needs of all age groups VI. COMMUNITY GROWTH A. To encourage growth and new development in a manner which complements and enhances the character of the town B. To provide for a variety of types of growth to serve a diverse population THIS MEANS THE TOWN SHOULD: • • • allow development only on those areas identified as most suitable for development, avoiding environmentally critical and hazardous areas. • • • set guidel i.nes for riverside development, encouraging preservation of the rivers and vegetation and wildlife they support. • • • be willing to designate and acquire open land in town to be developed and maintained for recreational use; support of a special district may be appropriate for park maintenance. • • • establish guidelines to evaluate development against com munity goals. • • • be willing to consider a variety of types of development, allowing flexibility from set rules. HOW TO MEET GOALS Natural Hazards Zoning Performance Zoning Planned Unit Development Cluster Zoning Performance Standards Easements Natural Hazards Zoning Performance Zoning Performance Standards Easements Land"Banking Cluster Zoning Planned Unit Development Fee & Tax Systems Bonus Zoning Capital Improvements Program Performance Standards Performance Zoning Impact Zoning Cluster Zoning Pla nned Unit Development Performance Standards Performance Zoning Impact Zoning Spe c ial Use Permi t / ..... . , .. -0'\ 0

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OOMMUNITY GOALS C. To preserve and maintain the compact nature of the town D. To encourage development to positively address the goals and needs of the community THIS MEANS THE TOWN SHOULD: • • • encourage new development to locate within the existing town and its service boundaries. • • • be willing to evaluate development on the basis of what it does for the community, now how well it matches set rules and regulations. HOW TO MEET GOALS Performance Standards Capital Improvements Program Annexation Policies Fee and Tax Systems Cluster Zoning Performance Standards Performance Zoning Planned Unit Development Policies Planning Capital Improvements Program Fiscal Zoning Special Use Permit ! ( .........

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Why are these land use regulations considered the most appropriate for the rural situation illustrated by the case study? This can best be answered by briefly reiterating the kinds of development possible under each of the recommended controls as related to the specific goals listed: Housing 62 Housing diversity can be promoted by n! setting rigid standards for lot size, and lot coverage and allowing flexibility within land use regulations. Development costs are cut if units are clustered rahter than strung out on a grid-iron pattern because fewer materials are required for the installation of utility lines and roads. Lowering development costs helps to lower housing costs when the units are marketed. Often, flexibility in the land use code, as with floor area ratio, special use permits, and performance standards, allows new and/or cheaper technology and materials to be utilized, also lowering the investment. These are the kinds of things which can promote diversity in the housing supply of a community. Renovation of housing is more difficult to influence by government regulation, unless the government buys the units, renovates them and resells them. The market, probably more than any other force, determines the desirability of rehabilitation over new development. However, government can indirectly influence renovation simply by making it more worthwhile. An historic designation may entitle the owner to tax breaks; performance standards and impact zoning

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63 may direct development away from certain areas and thus make rehabilitation both desirable and profitable. Fiscal rewards are an expensive, but effective, means of encouraging reinvestment in the older housing stock. The impact of housing on the environment can be difficult to foresee. Environmental regulations on such potential impacts are needed to avoid dangerous areas, i.e., flood plains, avalanche or landslide areas. These environmentally sensitive or hazardous areas should be clearly identified so development can occur around them but not in or on them. The tools listed all allow development to be located so that it avoids such areas without actually prohibiting development. The Economy and Services Stimulating local business opportunities, both commercial and industrial, cannot be accomplished solely with land use controls. However, land use regulations can help create a setting which encourages businesses to locate in that community. Often, fiscal incentives are offered to business enterprises, i.e., lower tax rates, or lower fees for building permits or utility hook-up. PUDs permit different land uses to be integrated on one parcel, encouraging the possibility of land to be designated in new development for business use. Float zones can be used to indicate that business development is desired and encouraged. By designating land for business use or using float zones the municipality is sending a "yes, we're interested" signal to the business developer.

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64 Maintaining the community's tax base and providing services are fiscal considerations of the cost versus the money generated by local revenues. The tools listed are specifically designed to review new development on a cost-benefit basis. Capital improvements programming allows the community to balance its revenues against current and anticipated demands. Thus, needed public improvements can be prioritized in accordance with the funds available, and additional funds can be sought for future projects. Environment--Man-Made Historic preservation is encouraged greatly by fiscal incentives. Historic zoning helps to prevent old structures from being destroyed and to keep new incompatible development out of historic districts. It does not ensure the maintenance o{ historic areas. Performance zoning and standards work in the same manner: compensable regulations and TDRs, both costly, offer monetary rewards as incentives for preservation and help encourage upkeep. Floor area ratio regulations can be vital in preserving the scale of historic areas by preventing total build-out of lots. Thus, new additions and/or structures will not dwarf the historic features of a neighborhood or area (i.e., a 1 6-story condominium on either side of a Victorian 2-story). The rural atmosphere can be preserved by using a CIP to influence where and how much development occurs through phasing and location of services and improvements. Performance zoning and standards can be used to set guidelines for new development to ensure that it blends

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with the existing character of the town. Land-banking and scenic easements, both expensive investments, can be used to purchase land to preclude it from being developed, or to phase its development in keeping with town policies. 65 The maintenance of rural agricultural land is becoming quite costly to the individual owner, as well as individual towns. A CIP can be used to discourage development in open land by not programming utility services for that area. Cluster zoning, performance zoning and PUD all promote cluster development with the majority of the parcel left as open space. Maintenance of this space is usually the responsibility of a home owners association, rather than a town accepting dedication of the land due to the continuing maintenance cost. Performance standards can set guidelines requiring a certain percentage of open space in new developments. Land-banking and TDRs provide monetary incentives to the individual owners to keep their land.in agricultural use. Environment--Natural Each tool listed is designed to protect the environment, and prevent development on identified critical or hazardous areas. Easements can be used to specifically prohibit development by the locality acquiring a "right-of-way," i.e., scenic easements, across the hazardous portion. The other tools listed all allow some development, usually at a higher density, but only on the developable portions of the parcel.

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66 Parks and Recreation Land-banking can provide the land needed for park development through direct acquisition. Cluster zoning and PUD allow for common open space in development. Some of this may be required as a dedication to the town for park land or deeded as park land under a home owners association. Fee and tax systems may be used to raise the funds to support land-banking or for outright acquisition. Growth All the techniques listed influence growth in some way, as does absence of land use controls. These techniques all conform to the basic policies already discussed. They provide a means for the municipality to direct growth, its location, the type, and even how much, how fast. A CIP is a key factor in achieving this system because development can be denied on the basis of the provision of services.2 Two techniques not used in any other category deserve special explanation. Annexation policies can be used to gain control over developing areas to ensure development occurs in harmony with community goals.3 Policies planning provides decision makers with a set of statements or directives to guide them in determining what is acceptable for their own policies can be used to determine a development proposal's positive and negative impacts on the town and where new growth should be located in relation to existing development.

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67 The previous chart also indicates that some regulations are suitable for a variety of goals, while others are specific to one goal or set of goals. The land use controls most appropriate for the town will usually be those which meet the most community needs. Fewer regulations guiding land use means less administration is needed, and greater chance for understanding by government officials, residents, and developers. Of the controls listed there are some which are not, at this point in time, considered effective for small rural towns: impact zoning, compensable regulations, fiscal zoning, transfer of development rights, landbanking easements, and bonus zoning. The reasons these are not appropriate are because (1) administration may require professional staff and may be expensive, (2) to set up the system requires too large an investment for the small town to support, even in the long run, and (3) the technique itself requires large amounts of money to acquire and update base data. Decisions about any land use control system should be weighed on the basis of the local perception of their ability to finance and administer it. The recommendations made in the next chapter are based on these financial and administrative considerations. Thus emerges a practicable system by which rural municipal government can effectuate its policies.

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, Footnotes 1Interview with Karen Smith, Planner, Aspen-Pitkin County Planning Department, Aspen, Colorado, April 2, 1980. 2r . . h nterv1.ew Wl.t Local Affairs, Dept. 1980. Charlie Foster, Planner, Colorado Division of of Planning, Denver, Colorado, February 6, 3william I. Goodman and Eric C. Freund (eds.), Principles and Practices of Urban Planning, p. 395. 68 •

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RECOMMENDATIONS 69

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The land use controls recommended as most appropriate for the rural town situation, as illustrated by the Basalt case study, are a combination of policies planning, cluster zoning, capital improvements programming, planned unit development, performance standards, performance zoning or natural hazards and aesthetic zoning. Performance zoning, as defined in this project, is similar to a combination of cluster, natural hazards and aesthetic zoning. The basic difference is the name and the consolidation of these three concepts into one process. The recommendations are all relatively easy to administer and relatively inexpensive. Some base date is required before these methods can be implemented, but any land use control system could be founded on easily accessible information. Here is what each of these methods can do for a town: Cluster Zoning Cluster zoning helps to decrease construction costs, increases diversity of housing and allows for the mixing of housing types and densities within a district. It can also be used with natural hazards zoning and in PUD design to allow the full development potential of a land parcel while avoiding environmental hazards. Capital Improvements Program A CIP clearly defines the capacity of the municipality to provide services and maintain public facil+ties. It is a very effectives tool to direct the location of new development, since growth tends to locate where it has access to services. It can also be used to 70

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71 encourage phasing of development to prevent the over-extension of current services and facilities. It does not require complicated rules, regulations, or administration, making it an excellent device for rural areas. What is needed for a CIP are some facts on current demand and capacity, and projections about future demand. The areas most suitable for service improvement or extension should be identified in the context of this information. Planned Unit Development PUD functions similarly to cluster zoning, but is geared for large parcel design and the mixing of land uses. It permits flexi-bility in design, housing, types of use, and allows local officials to review the actual site for its compatibility with the existing town structure. This review process encourages negotiation between local government and the developer to create a plan which is mutually acceptable and beneficial. Esthetic quality is heavily emphasized . by careful attention to meaningful open space, road design, parks, existing physical features, and natural vegetation as well as construction design •.. In mountains environments where slope, vegetation and soil stability are critical, PUD is an especially effective method of development ..• high density is permissible in areas of low impact danger, while more fragile areas are left intact. . . . PUD not only restricts development to areas most capable of withstanding high impact, but also reduces the need for installation and distribution of gas, electric and telephone services. Road construction and maintenance is also minimized, thereby lessening vegetation and soil disturbance.1 Performance Standards Performance standards have traditionally been used with indus-trial districts and uses to mitigate unpleasant effects such as noise,

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smoke, glare and odor. However, more and more these standards are being used as guidelines against which new development is measured and evaluated. These statements are tangible measures of impacts to be avoided, prevented, or are considered beneficial and should be encouraged. This gives local officials some basis for determinipg whether a proposal complies with community goals. Negotiations between the town and the developer to resolve the proposal's impacts is encouraged, rather than judging whether or not it meets all the hurdles of the application process. Performance standards bring a measure of quality control into the evaluation of new land use. Performance, Natural Hazards, Aesthetic Zoning Environmental considerations, such as those in the case study, can be met and still permit development by using natural hazards zoning in conjunction with aesthetic considerations. Performance zoning blends these two approaches with aesthetic considerations. Thus, it can be applied to the environment as well as to the designa-tion and preservation of historic areas. For instance, historic areas can be protected by allowing denser development elsewhere in the historicaldistrictor on the property. Performance zoning also effectively blends aesthetic and environmental values with the need to provide diverse housing in a variety of price ranges. It is designed to allow new development flexibility in exchange for pre-serving designated areas or mitigating identified needs. However, given citizen resistance to any change, the separate use of natural 72

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73 hazards and aesthetic zoning in conjunction with cluster zoning may be more acceptable to local residents, and therefore easier to implement. This depends on how willing the town is to consolidate the land use code and use the process of negotiation, rather than trying to pre-determine what development and activities are acceptable. The consolidationandstreamlining of rules and regulations wherever possible is highly recommended. This decreases the need for interpretation of ordinances, makes for easier administration, and decreases the time involved in reviewing proposals for compliance. The more concise and understandable the system, the easier it is for everyone involved to use and understand. Less misues and misunderstanding about the regulations will happen. Additionally, negotiation, although it may result in arbitrary decisions, creates a dialogue through which new solutions to problems can be realized. It does not completely close the door on a new idea or technology, and it brings the developer directly into the process of helping a town solve its specific needs. Policy Planning The use of policy planning is fairly easy and can be very effective. It sets out official statements which document adopted goals and objectives. Thus, an overall framework for the future direction of a town is specified. These policies should guide government officials in their decision making and serve as a check to ensure new growth is consistent with local goals. It should be

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used as the basis on which development will be approved or denied. Policy planning is the glue which makes the various land use regulations adopted work in a concert toward common ends. 74

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75 Footnotes 1 Dr. Wilbert J. Ulman, Mountain Recreational Communities and Land Use, pp. 50-52.

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CONCLUSIONS OlJ@[g rruwuoo D 0 oWOOW \ 76

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77 The purpose of the project was to describe what land use techniques are best suited for rural communities, the premise being that some controls are more applicable to meet their problems. The previous chapter delineates those regulations meeting this criteria. However, it cannot be unequivocally stated that these techniques are applicable solely to rural situations, or that other controls may not be useful to the small town. The urbanity or rural nature of a municipality do not in and of themselves determine which land use regulations will work there. Land use controls are designed to solve specific community objectives and problems, regardless of its location or development stage. Thus, the project's basic premise that some regulations are better, automatically, than others in the rural setting is not completely accurate. A major determinant in the success or failure of a regulatory system is its administration and enforcement; the commitment made by government officials, staff, and residents to support their growth management system. For any regulation to work effecgively, everyone must be willing to ensure that their town's regulations are fairly applied to all situations. A number of events lead me to this conclusion. First and foremost is the reaction of the Basalt Planning and Zoning Commission to the recommendations of the project. One of the original reasons for conducting this study was as an answer to complaints from that Commission about the inadequacy of the town's zoning ordinance to control the development occurring there. Therefore, in presenting the results

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• 78 to the commissioners, one might anticipate some positive and enthusi-astic reactions to the discovery of different land use regulations which directly address their problems. The reaction to the recom-mendations was less than positive. It was, in fact, "Well, all these different approaches are neat, but we don't need anything new and fancy here. Zoning is what we know how to use."1 This reaction reflects an unwillingness to change the status quo and rock the boat of the established power structure. It also shows very little desire to even try to understand how land use regulations can be used to solve or mitigate their problems and thus achieve identified goals. The problem in Basalt was not really dissatisfaction with the land use regulation system itself , but with how i t was and is being administered to address the town's needs. It has been the admin-istration and enforcement of the local zoning code that has caused fl. h f h . 1 f 1 . 2 con 1ct, not t e use o t at part1cu ar type o regu at1on. Adding to this dilemma is the fact that the ordinance has not been enforced over a period of time, and it is now impractical to do so. The illegal conversion of single-family homes into duplexes is a result of poor administration and enforcement, not a consequence of the zoning tool. This problem can also be partially blamed on lack of foresight by the authors of the zoning code regarding the future housing needs of the area. Another factor that leads to the emphasis on conscientious administration the land use regulatory system is the reaction o f various professionals to the results of the study. Overwhelmingly,

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the professionals felt traditional district zoning i s most e ffective in rural municipalities (but not for rura l counties).3 Traditional zoning offers the rural town the most explicit rules and regulations to control development. It is also one of the few land use regula-tion methods explicitly authorized by State enabling legislation. The Act also spells out the procedures for adoption, regulation, and 79 enforcement. Thus, it gives low-budget governments a fighting chance in the growth management war. Traditional zoning was not recommended by this study because of its tremendous criticism running throughout the planning literature. This criticism focuses on zoning's ineffectiveness in controlling the character of new development; its tendency to maintain the status quo; the artificial monetary value it places on land; and its lotby-lot, piecemeal approach to development.5 The general consensus among the Colorado professionals is that zoning should be used with performance standards and a Planned Unit Development district. These two additional regulations will allow some flexibility and quality control in municipal growth management. The reason these more traditional approaches were endorsed by the professionals was because of the feeling that small local governments could not effectively use discretionary power (and negotiation). Without expertise or the finances to hire and keep a full-time planning staff, discretionary power can become confusing and arbi-6 traty. Zoning, used in conjunction with PUD and performance stand-ards, allows some flexibility, but not so much that the local

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government loses both its credibility and its control over the quantity and type of growth. 80 These recommendations also require responsible administration and enforcement. The situation in Basalt is a prime example of this. Basalt's land use management system now consists of zoning and PUD, but no performance standards. Their ability to manage the pressures for growth under this system is almost negligible. No controls are self-administered; they all work only as well as the government applies them. The commitment to faithfully and equitably enforce and use the adopted land use code is just as important with the traditional techniques as with the more innovative methods recommended by this study. In terms of the study recommendations, they should not be construed to mean that any one system or combination of land use regulations is superior. They are meant to be used as constructive examples in evaluating which regulations might be used to solve or mitigate various community problems. It must be remembered that use of a land use control which is designed to achieve desired ends is only part of the answer. The task is made much simpler if the proper tool is used, as in carpentry, but skill, knowledge, and commitment are also needed to create the desired product. How well a land use control is applied is a key factor in determining how well it addresses a specific situation. Effective land use controls are a product of careful and equitable administration, and a commit ment from all involved to adhere to the regulations and demand

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compliance when the regulations are broken. This is what makes a land use regulation system work for a community, rather than against it. 81 To create such an atmosphere of checks and balances is not an easy nor quick task. A small town planner could effectively use the original approach of this project; educating and informing the people about what they can do to solve their problems and how land use regulations work. A town could implement the measures recommended herein, but only with the prior education and approval of its citizens and officials. It is the responsibility of both residents and elected officials to make the decision regarding the regulations they can live and work with. Building a balanced atmosphere, open to new and different ideas in which consensus can occur, requires at least the following actions: 1. The promotion of citizen awareness through public information sessions where a dialogue can be created between residents and government. Information is exchanged, not merely doled out by the experts. 2. The promotion of government official's awareness of the issues and their potential solutions. This can be established by present-ing residents' opinions and ideas to officials as well as staff evaluation and data. Here, the planner should function as a liaison between the government and the residents. 3. The presentation of examples of where advocated land use control tools are already in use to illustrate how they work.

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4. A comparison of the town's current land use control system with other methods to show how the locality will grow and change under different regulations. 5. The use of simple and straightforward guidelines for the administration and enforcement of land use regulations to remove the obstacle of "how do we do this?" 82 These are some initial steps in an on-going process of community growth both physically and socially. They should be used as broad strategies to help citizens and officials achieve a better understanding of land use regulations and how they work. In summary, even with careful selection of regulations, a land use management system can fail miserably. The success of any regulatory scheme is dependent on understanding the technique (what it can and cannot do); knowledgeable and responsible officials, willing to make it work; concerned and aware citizens, willing to adhere to the regulations; and a commitment by all to remedy non-compliance immediately. It boils down to taking the responsibility to administer and enforce the regulations in accordance with the goals and policies of the community, not the needs of the individual residents. Nevertheless, even with conscientious, knowledgeable implementation, local government is restricted in its ability to effectively meet the demands of growth. In the final analysis, a major deterrent to effective growth management at the local level is the lack of substantive power delegated by the State to statutory municipalities. For the State to expressly authorize local government to regulate

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land use withou t specifying the means available to do so is more destructive than beneficial. It creates confusion and fear of legal battles and acts as a disincentive to implement new approaches to land use management. The intent of this broad, but vague, grant o f power may be to allow local government, rather than the State, to determine what kinds of controls it needs; but that is exactly all the current legislation authorizes. Local government does not also have the same specific grant of power to implement any control it deems appropriate. The legislation offers no guarantee from the State that the actions deemed necessary and appropriate by local officials will be upheld as valid under current state law. This creates more frustrations than it alleviates. If innovative approaches are initiated, chances are high that they will be challenged and the town will be involved in a lawsuit. The probability of the regulations withstanding judicial scrutiny cannot be predicted. Rather than risk high expenditures on legal fees, only to have to go back to the drawing board, a town is likely to stick with a s ure thing, namely zoning. H.B. 1034 and H.B. 1041 are feeble attempts to strengthen local government' s ability to effectively manage growth and land use. No additional powers are expressly delegated, except the permit system in H.B . 1041, nor are any expressly denied. This reflects the Legislature's unwillingness to "bite-the-bullet" on growth manage ment issues. They are essentially passing-the-buck back to local 83

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government, without any clarification of the powers and responsibilities of local government to manage growth. 84 If the State does not take the initiative in advocating and implementing programs for growth management, all the little measures enacted (zoning, subdivision, and PUD) will be overwhelmed by the ever-increasing influx of people into this state. Statutory towns, as creatures of the State, act as advocates for the explicit legislation necessary to solve the growth dilemma in Colorado. The role of the State in the.resolution of growth issues is infintely greater. State government must take affirmative action for planning which creates an environment capable of supporting and enhancing the lives of its residents. The current attitude of the Legislature does not reflect solid support for planning. The lack of this much needed support undermines all efforts at the local level to plan for growth. It actually supports the "plan-as-you-grow" concept and discourages local government from accepting and using planning as a tool to solve its problems. Thus, in Colorado, the responsibility for achieving effective growth management and the implementation of effective land use regulations lies with both local government and, to an ever greater extent, the State. The legislature must realize its role in creating statutes which will fully support efforts at all levels to plan for and manage growth. Only an explicit and positive attitude toward planning and growth management can effectuate an atmosphere conducive

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to creating the living space and environment desired and needed by current and future residents. The conclusion of this study cannot completely support the premise that certain land use regulations are ineffective in the rural setting, and thus may actually add to rural growth problems. Rather, the study indicates that effective land use regulations anq growth management in any municipality are functions of: 1) the locality's understanding of and ability to fairly and consistently administer and enforce its land use regulations, and, 2 ) the State's acceptance of its role as an initiator of growth management and use of its authority to provide municipalities with the support and specific planning tools they need to manage their growth pressures. 85

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86 Footnotes 1Interview with Dick Ducic, Chairman--Basalt Planning and Zoning Commission ' , Basalt, Colorado, April 2, 1980. 2References discussion in Chapter 2 on Basalt's Land Use Pattern. 3Interview with Karen Smith; Interview with Jim Kuziak; Interview with Gerry Dahl. 4 Reference CRS, 1973, Vo .. 12 Sections 5Richard F . Babcock, The Zoning Game Municipal Pratices and Policies, pp. 116-117. Kirk Wickersham, "Land Use Management in Colorado: Past, Present and Future," The Colorado Lawyers, p. 1784. 6Interviews in Footnote 3.

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BIBLIOGRAPHY 87

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j 88 BIBLIOGRAPHY Books and Periodicals Babcock, Richard F. The Zoning Game, Municipal Practices and Policies. Madison: University of Wisconsin, 1969. Babcock, Richard F., and Bosselman, Fred P. Use Regulation and Housing in the 1970's. Publishers, 1973. Exclusionary Zoning Land New York: Praeger Dorsey, Theresa W., and Salek, Fredrick. The Law of Planning and Land Use Regulation in Colorado. Third Edition. Denver: Colorado Chapter of the American Institute of Planners, 1975. Gleeson, Michael E. et al. Urban Growth Management Systems: An Evaluation of Policy-Related Research, Report Numbers 309 and 310. Chicago: The Planning Advisory Service, n.d. Goodman, William I., and Freund, Eric C. Principles and Practices of Urban Planning. Washington, D.C.: International City Managers' Association, 1968. Kelly, Eric D. Land Use Control. Washington, D.C.: Federal Publications, Inc., 1979. Kurtz-Phelan, James L. "H.B. 1041: A Step Forward Responsible and Accountable Land Use Decisions." The Colorado Lawyer, Vol. 6 (October, 1977), pp. 1718-1729. Schnidman, Frank (ed.). Management and Control of Growth Techniques in Application, Volume IV. Washington, D.C.: The Urban Land Institute, 1978. Smith, Herbert H. A Citizen's Guide to Planning, Revised Edition. Chicago: Planners Press, 1979. White, Michael D., and Raymond L. "Land Use Legislation: H.B. 1034 and H.B. 1041." The Colorado Lawyer, Vol. 6 (October, 1977), pp. 1686-1716. Wickersham, Kirk Jr. "Land Use Management in Colorado: Past, Present and Future." The Colorado Lawyer, Vol. 6 (October, 1977), pp. 1778-1786. 86

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Memorandums, Surveys, Reports Donnelly, Tom et al. The Roaring Fork-Frying Pan Study. A report prepared for the Town of Basalt under the Colorado Rural Communities Program, Colorado Mountain College, and the University of Colorado at Denver, August, 1979. Memorandum by Gail Hill, DRCOG Division of Planning Services, on "The Legal Basis for Phased Extension of Services and Utilities by Local Government ... ,"Denver, Colorado, November 30, 1977. Hemorandum by Charlie Jordan, Colorado Land Use Commission, on "Background Discussion of Land Use Regulator Enabling Legislation," Denver, Colorado, December 16, 1977. Town of Basalt. "Household Opinion Survey," conducted by the Town of Basalt, June, 1979. Interviews, Meetings, Lectures R9 Basalt Planning and Zoning Commission Meetings, Basalt, Colorado, January 16, 1980, February 21, 1980, March 6, 1980, April 2, 1980. Interviews and meetings with Mark Murphy, Small Towns Coordination, Center for Community Development and Design, Denver, Color'ado, conducted weekly, September 1979-March 1980. Lecture presented by Eric D. Kelly, Private Counsel in Land Use, Denver, Colorado, March 5, 1980. Personal Interview with Bill Crank, Town Manager, Town of Basalt, February 21, 1980. Personal Interview with Charles Foster, Planner, Colorado Division of Local Affairs, Department of Planning, Denver, Colorado, February 11, 1980. Personal Interview with Jim Kuziak, Planner, Gunnison County, Colorado, Aspen, Colorado, April 2, 1980. Personal Interview with Ann Moss, Landscape Architect, RSWA, Inc.Denver, Denver, Colorado, March 11, 1980. Personal Interview with Karen Smith, Planner, Aspen/Pitkin County Planning Department, Aspen, Colorado, April 2, 1980.

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Telephone Interview with Mike Frank, Planner, Bucks County, Pennsylvania, Doylestown, Pennsylvania, July 10, 1979. Telephone Interview with Blake Jordan, Lawyer, Colorado Municipal League, Denver, Colorado, February 4, 1980. 90

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APPENDIX u rPl6@W 91

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fJocv11 o/ !Ba1aft Ph.ont. 921 • 3322 c:P. D. !Eo" Q !Ba1aft, Cofotado S1621 June, 1979 Dear Neighbor: This is a household opinion survey, the purpose of which is to provide you with the opportunity to voice your opinions and preferences on a wide range of Basalt area topics and issues. The information obtained from 92 the survey will help the town in making specific decisions about present and future services and facilities. It will also help the town in establishing immediate and long range growth policies. Some of the questions could be considered personal; however, this information is important to help understand the residents of the area. We will have no way of knowing which household filled out which questionnaire. DO NOT SIGN YOUR NAME TO THIS QUESTIONNAIRE. Results will be made available only 'Eis a combined analysis. Your cooperation is very important. We need your opinions. Please help us, and in turn yourself, by filling out this survey. Please feel f ree to add any, comments on any topic. T h an k you f or you r he 1 p ! Ducic;-ch ai rrnan ... Planning & Zoning Commission

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Questionnaire Instructions 93 One survey is being given to each household in the Basalt area. We ask that one adult member of the household fill out the survey. 1) 2) 3) 4) 5) Please answer all the questions by either circling a number or filling in the appropriate blank. If more room is needed, please use the backs of the sheets and clearly label which question(s) it pertains to. Some questions ask for only one answer while others request a multipleresponse. Unless a multiple response is asked for, please circle only one answer. Please be careful not to miss any questions as they appear on both sides of the pages. Follow the numbers. Please read each question carefully and study all the possible responses before answering. Your responses should be as complete and as accurate as possible. * Again, we would appreciate your views on any issues. Use as much space as you need. Thank you.

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Part I: HOW YOU VIEW YOUR TOWN 1. are the best aspects of day-today life in the Basalt area for you? (Please priori U ze, with 1 being most important and 5 least important.) L Cl/1' .h 0 EJ'?ctJ /it' 5 T / 1"-f /:1-fT A -Its location Its size Climate Economic aspects Friends and neighbors /9.77eF All of the above Other (specify) ________________ _ 2. What is the single most important thing that would make living in the Basalt area better for you? (Circle one) 1 -More job opportunities 2 More recreational facilities 19. 3 -Better schools 3 .0fo 4 -More growth 7 . ' f'd 5 Less growth 15": ;l!p 6 More health care facilities 7' . .7!;, 7 Child day care facilities 8 -More shopping facilities /IJ ' Jd 9 -0 the r (specify) 3. What could happen i n the Basalt area that could make living here worse for you? (Circle one) 1 Decrease in population 9./ P'o 2 Increase in population 3 -Reduction in quality of public utilities 9./7'0 4 -Increase in costs of public utilities 5 -Less conunercial activity T-1 y, 6 -More commercial activity 3 .0f, 7 -Industry moving to town .1 ?" 8 -Less tourists in town o 9-More tourists in town / .j-?" 10 Other ____ _ 94 4. How important do you feel it is for you to know what is happening in the Basalt area? (Circle one) 1 -Very important 5'7. 6?;:, 2 Somewhat important 3 7. 3 Not important '3.0?, 5. Do you feel adequately informed about what is happening in the Basa l t area' (Circle one) 1 Y es 2 No S7.6 3-Don't 6. How important do you think public meetings are for the Basalt area? (Circle one) 1 -Very important s-c./ 2 Fairly important Y f:, 3-Not important 7. Concerning problems in the Town of Basalt, are the town officials doing the things you want done? (Circle one) 1-On most problems 2 -On some problems -Y'f: S'% 3 -On no problems 76ft, 4 No opinion I "1. 7% 5 -Other ( s pee if y) --"'/...:..t'_. 8. Concerning problems in the Basalt arE are your school officials doing the things you want? (Circle on e ) 1 On most problems ;;lJ. 3 % 2 On some problems 16. 3 On no problems 7. fP ?'o 4 -No opinion '' 5 -Other (specify)

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2 95 9. Concerning problems in the Basalt area, are your county officials doing the things you want? (Circle one) 1 On 2 On 3 On most problems -:/'1.;? some problems 7'1. % no problems l 4 -No opinion ;;{;;( . 7% 5 Other (specify) _ 10. If growth in residential and business areas is to occur, do you feel it the responsibility of the developers to take on the burden of: A Utilities extension (water, sewer, etc.) -------------B Utility plant improvements-----------------------------C -New water rights--------------------------------------0 -Land for E -Streets------------------------------------------------F -New or improved public buildings-----------------------G -Landscaping-------------------------------------------YES 1 c?.:?., ?t? 1 'J'tJ.' 1}4 1 f''3 . ., 1'1 11f3.9'7t:t 1 ;"o 1 1 a . 7..,.a 1 1 1 ,, .171J 1 1 ;(7. 3 '?d 14. How do you feel about historic sites in the Basalt area? 1 They should be preserved and _protected 8' % 2 They should be ignore d ..tf'. 5"'% 3 -No opinion "f. ,.-7" Somewhat Not Important Important 2 ;; 3 7 . 2 /9.7 ,.., 3 7 .• 2 "'J/. r'J"o 3 6' 2 ');. 3 ,9./. 2;1;{. 7% 3 G.l 2 '3t'. 3 /1'.5" 2 c;/73 3 '/.5" 2 017 . J 3 2 ., .:J • ., .,.IJ 3 7. . 2 '7 3 .Y:S' 2 1. s-74 3 1. r 4Other (specify) ___ 15. Are you aware that the State Dept. of Highways is considering a realignment of Highway 82 near Basalt?

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1 Yes 7 '8". 'iT 7o 2 -No /3 .c, 7o PART II: SOME ECONOMIC ISSUES 3 96 1. What retail shops or services do you think are needed in Basalt? Much Not Needed Needed Needed A -Entertainment establishments-------------B -Expanded medical services----------------C -Automotive maintenance and sales --------D -Clothing stores--------------------------E -Home and appliance Maintenance & sales---F -Sporting goods establishments-------------G -Restaurants -----------------------------H -Convenience restaurants (Burger King, McDonalds, etc.) ------------------------I -Motels and hotels ----------------------] -Light industry --------------------------K Other (specify) -------------------------1 5" -3 ;z 1 3 7. 9 "7.:1 2 .,l.f, ?' .,..., 3 -:/1 . 7., 7'7o 2 31. Y' 7() 3 "'S: s-z, 1 '7o 2 3 "2 Jf,;:l 2 'J/. 3 c. '?"7c 1 '1. , 7" 2 ?;, 3 o-;.5' 1/'J G.,.., 2 "3t:. 3 19./ '7" 1 9 . I 'To 1 ;(' Y.ll.lo 2 2 y 2 7. J "?;, 2 r. 3 '7P 3 5""/. 5"% 3 "'} '7.? 3 2. Whe r e do you usually shop for the following goods and services? A Auto accessories-------B Gas -------------------C Hardware --------------D Food ------------------E Drugs ----------------F -Clothing -------------G Housewares -----------H-Appliances-----------I -Furniture ------------J -Lumber ---------------K -Medical services ------1 -Dental services ------M -Entertainment --------N -Restaurants ----------GLENWOOD BASALT ASPEN CARBONDALE SPRINGS OTHER 1 I 5". ;). ?;, 1 ,s: .7% 1 57.t' 1 g-3 . ., 1 5't>. 0 "'" 1 3. o '7o 1 0"7o 1 I !J-. ;; "?" 1 ,-7' . 5'% 1.3?. 3'7"' 1 J 7c 1 7tJ 'I 2/;(.l?'c :;. 2/0 2 ;.s-?-, 2 1 ;J./'ro 2 7 . " 'ro 2 2 2 6'./% 2 1./Y.?% 2 8'"7.. 2 1.../;) 2 -,yr . s--'7 .. 3 './ 7;, 4 s-; . s-7o 3 4 /.:;-. 7"' 3 tJi a " o 'i" r'% 3 / .5"'7,:, 4 3 /-5'"7, 4 ;1;1.774 3 /. s4 4-'.:7. ' ,.., 3 / . 5""lb 4 SO . o '7o 3 / . 4 3 3.0 """ 4 3 '3 .0 '?c 4 I 3 /. 5" 7"' 4 1'/.;; 3 ./ """" 4 ;/'f. ;l 3 o 4 ;r ..y'.;t 7tJ 3 I. '7&> 4 ;? '/. p1 '7, 5 -$1.5"% 5 5 53 7. 9?'.:1 5 ;z r-. 5 5 5 1;1. 5 J. 5 5 3. Where do y ou usually do your banking? 4. A Check i ng account -----B Savings account -------C Loans ----------------BASALT ASPEN CARBONDALE 1 Y J. Y '""' 2 "'" ';, 3 0 '7o 1 r"' . 9 % 2 2 "7" 3 1. s-7 .. 2 3 GLENWOOD SPRINGS OTHER 4 / s-. gl ""?, 4 OJ./. ;1 7., 4 5 ;,.o '% 5 Do you feel that the Basalt are a e conomy is ad equate now? 1. Yes 2. ?.YY'% No S":J.O% 5. If the d ecision is made to e xpand Basalt area business and industrial activities, how would you respond to the following statements?

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AOnly 'clean' industries should be encouraged to come to Basalt B -Industries and businesses which w ill employ mainly Basalt area Strongly Agree 17'/.7% residents should be encouraged to locate here. --------------------1 Agree 2 7. 7o 4 97 Disagree Don't Care C -Local government should spend money to attract new industries and businesses to Basalt. ----------1 9.!'7o 2 ;};!. 3 fl./?;, 4 7'" D -Local government should spend more money to aid local business expansion rather than to attract new industry. -------------2 3 "'/5"':s% 4 C./?d E -Basalt should attract types of business and industry which are not presently i11 Basalt. 1JJf .;!'70 2 3 /8'. ;1'7;, 4 F -Specify types of business and industries from above.or 5P-!::-c//:;e/:1 5PDC/F/EP 37. ?% ' • Do you think that new commercial activity should be limited to the Basalt city limits? (Circle one) 1 -Yes ;J:(. 77'o 2-No '?Jf.;?% 7. Do you favor the installations of water meters on all buildings and residences in Basalt? (Owner pays for installation) (Circle one) 1Yes 2 -No ':1% Evaluate the following in terms of adequacy in Basalt: Inadequate or unavailable (Needs improve-Adequate m ent immediately A -School crossings _____ .., _____ 1;;ll. 2 ;Jt:'. B-Parking on Main Street----1J9.c 219.77P C -Additional downtown parking -------------------1;/;;. 7 ?'c 2 2/,2 D Other (specify) __________ __ 2/}.C% Inadequate or unavailable (Improvements should be made 37 r--.rrc, 3 ;/ 8"'7o 3 -;; .r. r'7" Does Not Require Change 4 4;Q.; 4 J.P' How important to you would the following improvements be in downtown Basalt? Very Not Important Important Important A Sidewalks, curbs, gutters ------1 O?'o 2 3 -:1 r. 1''?'1 B-Painting of buildings ----------1 2 3 C-Awnings-----------------------2 3 1./3. Not Needed 4 ;;u. -::ll?il 4 4 ;u; . V?tl D-Trees and landscaping---------2 3t5"'.;L';?p 4 ?./

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E Sign Code -----------------------F Street lighting ----------------G Parking facilities -------------H -Clean-up program ---------------I Animal control -----------------J -Major restoration of the area ---K Park improvements --------------L -Other (specify) 5 98 V ery Not Not Impor,tant Important Important Needed 2 3 3 /9.7 4/Y*' 2s-;.s-% 31'6"?7.1 4/0 .. 1 2 o/11 2 'I 5"'. 3 /'f. 7 o/o 4 9 . 1 1 2 4/3.17., 3 {;./'?6 4 1 s-o .&>.,.o 2 "J. 'I" '7o 3 ./7., 4 7-' 2 -;59.;'7o 3 '"}/ .f'"7o 1 3,. 'I'?" 2 3 7,C'?o 4 ,.o 1,-3 . ' o/0 2 ;. )7., 3 '3.-Po/J, 4 PART III: HOW YOU VIEW SERVICES AND FACILITIES IN THE BASALT AREA 1. Here is a list of services. On each of these we would like to know if you favor local government's spending more than is being spent now, the same as is being spent now, or less than is being spent now. Remember that generally in order to spend more on something, your local government either has to spend less on something else, or it has to raise taxes. List "A" are Town of Basalt service. List "B" are County services. A. Basalt's services A Parks -----------------------B Street paving -------------C Sidewalks ------------------0 Street maintenance ---------E Street ligHts F Curbs and gutters -----------G -Drainage --------------------H -Water service ---------------1 Snow removal ---------------J Police protection ----------K -Fire protection ------------L Parking spaces in town ------M -Health service s ------------N -Traffic control ------------0 Street signs ---------------p -Library ---------------------Q -Other (specify) B. County services A County road maintenance B Sheriff protection ----------c Public transportation -------D -Health services -------------E Senior citizen services F -Other (specify) Spend More Spend Same Spend Less 15"9'.1 o/o 11 t . -;z '7o 1/'/. 7 7oP 1/{,. 7'7o 1 /"!. 1 ;r. 1 1!1-. ;17c::t 1 /.1': j /'., 1 /;;'. /'7 ... 1 -;/7. )'7., 1 19-7'7o 1 3 '{. 'f"l'P 7',p 1 /'f. 7'7P 1 .. 1 {/ . ;-7, 1 ';)?. 5' "' .. 1 9./t>;'p 1 '10: S'7oP 1 JC. fl"'l'v 1 3 ? . .V?c:> 1 J , P 2 J/. 9' '?o 2 71. :2 "T(! 2 2 f'O. '3'?'"' 2 r;;z?, 2 '15"' 2 2 77 2 ?"' ) 2 s-. ;J '7" 2 7'7 ... 2 2 .;-,. 0 ?"o 2 6 .,.-. ';/ '7, 2 (; 3 2 5"1 /7 .. 2 2 ;,.t;?'.2 'i' ( . 8"?'.2 11:1. .... 2 Sl' ..,7 ... 2 5?> .o '7..::> 2 f. 5"'7'o 3 3 3 3 3 . 3 9./'7" 3 /0. 6 ,.0 3 3 "}. 0 ... 3 ... 3 /. S"'"'?b 3 l;l. lo/o 3 3 .. 3 7 ,,,.0 3 / .:!'?' ... 3 o7o 3 J.P ... 3 3 r.;.;-7 ..... 3 '1. 5''7d 3 / . 3 1.5'7.:> Spend Don't Nothing Know 4 /. 5 J.o 4 4 /9'. 5 4 o,., 5o">; 4 9 .1% 5 d%, 4 /9. 7,....,. 5 d ,.., 4 5/. 5" 4 0 ,..0 5 /.6" 4 5 /. 4 'J . 0 ,.CI 5 0 4 /. 5 4 5 4 ('./'?o 5 t> / 4 I .S"7o 51-S'4 "./?"# 5 "'" 4 51.5"". 4 5 6?, 4 0 ,..., 53'. a 4 .... 5 /. s4 ,./7, 4 r;. /.,.. ... 5 4 0 ..,..., 5 'l.fJ 4 5 ,

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2. Which of the following do you think is the best way for area services and needs to be financed? (Circle one) 1 Sales tax increase 37. 9'7a 2 -User service fee ;? .s-. 7D 3-Voluntary contributions 4 -Fund raising 5 -Tax on property / . ,-"'TtJ 6 -Tax district 7 Other (specify) 3. Should sales tax be increased by approximately 1% to provide a fund for community improvements? (Circle one) County 1 -Yes JJ. J'rtJ 2 -No 5r./'T11 City 1 -Yes l..j;}. '1"1() 2 -No 98 4. Do you favor the Town of Basalt providing water services to areas not presently within the town limits? (Circle one) 1 -Yes Ol7. '37., 2 -No 6;(. 17.? 5. Do you favor the Basalt Sanitation District providing sewer service to areas not presently within its limits? (Circle one) 1 -Yes 3'1 2 -No 6. Should the Basalt area and the local schools share facilities such as tennis courts, libraries, skating rink, etc.? (Circle one) 1 -Yes 2 -No 7. What Basalt regional library services does your family use? How often? Often Some Not Often Didn't Know It existed A -Reciprocal borrowing (checking books out from another library using a Basalt library card)-----B -Reference (in person)-------------1 C -Telephone reference --------------1 D -Interlibrary loan (having the library request a particular book(s) for you from another library)-------------------------E -Storyhour ------------------------1 .,.ot>;'" F Summer reading program for children -------------------------1 , . /tfo 2 2 '0% 3 J?. ro/o 3 n . o7" 3 S'"J.Ot 2 ;;;. ;! 3 ) tf. '1'7a 2 f .o'?', 3 g).a 4 4 /f". 4 '}'f. 8. What Basalt regional library services should be expanded ........... or added? A -Reciprocal borrowing (checking books out from another library using a Basalt library card) ----B -Reference (in person)-----------C -Telephone reference -------------0 -Interlibrary loan (having the library request a particular book(s) for you from another library --------------------------E Storyhour ------------------------F Summer reading program for children ------------------------G Other (specify) ________________ _

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99 9. What types of materials would you like to borrow from the library but seldom find available? (Circle all that apply) A -Best sellers 30. B -Adult fiction 19. 7 C -Adult non-fiction ;l ?e> D -Children's fiction -,.o"U E-Children's (juvenile) non-fiction FPicture books "3.0'7&> G -Magazines 'I !>7t> H -Recorded cassettes /3. I Other (specify) 10. How often do you use the other libraries in the area? Often Some Seldom Never A Aspen (Pitkin County Public Library)---------------------------1/fo.J% 217./ 3 /tJ. {" 1 o?o 1 "'o s-7&' No 2 1./ ;) 0 'I "?(}1 2 2 2 6:J.P'7p 2 .,...:::' PART IV: SOME QUESTIONS ON RECREATION 1. Would you like to see more recreation vehicle overnight camping sites in the Basalt area? Public Private 1 Yes 33 :57., 1 Yes ;J 7 3"'?'" 2 -No c 'Jo (, 2 -No '.., 0 ' ?'p 2. Should the Town of Basalt try to provide parks by: (Circle one) A Purchasing land 7., '7?' B -Requiring developers to land 3 7 9 provide c -Both 1 and 2 '-/7D Other (specify) 2 0 "T"'

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8 100 If a special recreation district were formed, how desirable would the following items be to you within that district? Highly Desirable A Shooting range ---------------------B -Archery range ---------------------C -Playgrounds ------------------------D -Ball diamonds ----------------------E -Tubing and sleighing hill ----------F -Tennis courts ----------------------G Swimming pool ----------------------H -Bike paths -------------------------1 -Basketball courts -----------------J -Horseback riding trails ------------K -Community recreation center (indoor/ outdoor swimming pool, crafts room, kitchen, handball courts, tennis courts, weight room) -----------------------1 -Landscape development of parks -------M -Ice skating ------------------------N Senior citizen center --------------0 -Motorcycle trails -----------------P Cross country ski trails ------------Q -Raft launch ------------------------R -Volleyball court -------------------5 Snowmobile trails ------------------T -Jogging trails --------------------U -Golf course -------------------------V Other (specify) ____________________ __ 1 /:1 . I 7t? 1 9./'7'" 1 1 33. 1 -.:/ ;z. 7 '7t1 1 !) '1. 1 s-?" 1 'T?J. 9 ,# 1 f'. 1 1 1 'J'/. 1 1 31 ?,..d 1 ' 1 3 1 /9. 1 1 1 ;17. 3 '7" 1 I 5" <7 "? o 1 Desirable 2 -;/ 5": '? '7, 2 ;:.{ f". 2 2 2 6'" "7p 2 d 7 J'?" 2 ;; 7 . ) "'?" 2 r .?'?t:. 2 ?' .,.., 2 .., 7. 9 't" 2 :J'7.., 2 9 2 2 -9'?. s-'"" 2 Lf. s-'7" 2 31. 'l'?p 2 2 1.(<(. 2 /f'. :1'761 2 H-3?11 2 30 '3?" 2 Not Desirable 3 3 7 . .:; 3 3 ";f ? '!".., 3 15'" . ;? 3 fP. 3 ;?%3 3 -$'3. 3 ;?/. ;t?-... 3 3 IT.:;2% 3 /:J . • % 3 f'O. 3 ") '/. B""Q3 . 3 3 69. 3 3 3 What would be the best way to fund recreational facilities and activities? (Circle one) 1 Sales tax increase Jl ?'7o 5. If a special tax assessment district were formed for recreation, do you think it should have the same boundaries as the Basalt school attendance center? 2 Mlll levy increase l.s-?'L> 3 -Membership fee 4 -User fee (daily admission fee) ;;l ;z. 7'o 5 -Flat fee for all property users 6 -Donations /. 5" '7o 7 Tax district 8 -Combination of above (indicate which ones) .Y 9 (Circle one) 1 -Yes '7.1 2 -No I ;z 3 -Uncertain 3.:::>, :!;

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9 101 ). Which of five facilities would you most like included in the Basalt South five acres park? List in order of preference, with 1 being most important and 5 the least important. Co/)15/0e-?T.ro rtv';)r J /. 8'%1 -Playground s 3. 5 -Basketball courts 0 9 -Volleyball court -Picnic areas 0_2Q_6 -Handball courts 10 Soccer field 9./%3 -Tennis court /.5"'?;/ -Ice skating rink t'7v 11 -Horseshoe pitching Senior citizen center /0.7fd2Multiple use grass area ) .. 13 Other (specify) / s-?t> --------------------------------------------------------PART V: HOI.J YOU FEEL ABOUT YOUR HOME IN THE BASALT AREA Length of residence: (Circle one number in each row.) How long have you lived: In Colorado --------------------In the Basalt area ------------At your current address ---------How long do you expect to continue to live in the Basalt area? (Circle one) --------------------Less than 1 year 10% 1 /;}. lttt> 1-3 3.1-6 years years 6.1-10 More than years ten years 2 3/'/'.;?, 4 7% 5 ?'5:5"* 4 IS::Z% 2 )., . 3 1 0 '7 ... 4 /)', '% 5 17'. )' ,, 2/2../% 3 3% I. If you have moved to the Basalt 5. If you are renting or buying, what is your monthly payment? (Circle only one number) area within th0 past five years, which one of the fol]owing best describes your reason for moving here? (Ci rcle one) 1 Small town atmosphere t;. tp', 2 -Because I was able to find 1'1. 7"7P suitable housing at the right price 3 Economic opportunity 4 -Nearness to thL• mounta ins /?J. , 5 Climate 6-Reasons of health 7 -Retirement /. S"'ltJ 8 Other 1 . What is your present housing situation? (Circle only one) 1 -Renting 2 Buying (mortgaged) !T&J./ "7.., 3 Own (fully paid) :?f. ;;z '7..., 1 $100-200 I 2 $201-300 ;z '7t> 3$301-400 /3.,'7o 4 $401-500 5 $501-600 7 . 6 $601-700 3 . 0 '7.,. 7 $701-800 '/ .s.,_, Bmore than $800 6. In what type of residence do you live? (Circle only one number) 1 Single family house 2 Duplex 3 . o '711 3 -Apartment complex/. 4 -Room /. s-,..., 5 -Mobile home ';1 6 -Hotel or motel '!!."' ,_cJ 7 Other (specify) /.

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1. If you are anticipati ng moving, which one of the following best describes your reason? 1 -Desire for better e conomic opportunities Cf./"1'" 2 -Milder or more suitable climate 3-Desire for better livingor housing 4 -Reasons of health 5-Retirement 'f.!reo 6 Other (specify) I. Speaking generally, what monthly price range per family for housing (either buying or selling) do you think should be made available in the Basalt area? 1 -Less than $200 ?. '"7P 2 $201 300 J /. 1'7"' 3 $301 400 4 $401 500 5 $501 600 f.!J'?6 6 $601 700 /. 5""?"" 7 $701 800 P7, 8 -More than $800 tJ I, What would you estimate the present value of the building you are now living in to be? 1$10,000 or less 2 $10,001 to $20,000 3 $20,001 to $30,000 /.5''7" 4 $30,001 to $40,000 /, o7, 5 $40,001 to $50,000 6 $50,001 to $60,000 7-.$60,001 to $70,000 f'.5"7t:J 8 $70,001 to $80,000 9 $80,001 to $90,000 /"J. 1'76 10 $90,001 to $100,000 11 $100,001 $150,000 , •• 12-more than $150,000 10. 11. 12. 13. 10 102 What kinds of new housing do you think should be built in the Basalt area? (Circle those that apply) A -None 1./. 5" ll B -Low income housing complexes ;;l ft. f' 1 C -Single family houses 5'1./.s-"7, D -Middle income housing compl exesJl' E -Higher rent apartment F -Townhouses/condominiums 11. '7'""' G -Mobile home parks,..,., o;" HSenior citizen housing I Other (specify) How well does your present home suit your needs? (Circle one) 1 -Very well 9 ?'.:t 2 -Well -;};;. 7 3 -Fairly well I 0. i1 'r# 4 Poorly 5 -Inadequately Whether you prefer owning or renting, which type of housing would provide you with the greatest sense of satisfaction? (Circle one) 1 -Single family house 6'7. 9 2 -Duplex J?'o 3 -Apartment in a complex 0 4 -Townhouse or condominium /. S 'i"o 5-Mobile home 6 -Other (specify) How old is the home you are livi ng in? (Circle one) 1 -Less than 2 years 2 -2-5 years 1• 7 36-10 years /f'.;l?"p 4-11-15 years/"'""' 5 16-20 years 6 -21-25 years /'l>b?"11 7 26-30 years 8 31-40 years 9 -over 40 years 1'1. 7?-P

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1 . What is the source of heat for your house? (Circle one) 1 -Coal 3.0 2 -Wood 7. C. 3 -Electricity /'!J'.;l.7" 4 -Natural gas 5 Oil /.s-ore 6 Solar /. 7 Propane 11 103 PART IV: S0}1E QUESTIONS ABOUT YOU AND YOUR FAMILY How do you get to work? (Circle one) 1 -Drive your own v ehicle 2 -Car pool 3 Walk /"). r;. '7" 4 -Bicycle 5 -Motorcycle ocz-., 6 Bus CJ'. / "lt> 7 Other (specify ) /'P.?Zrz The distance between my home and the place I work is: (Circle one) 1 0-. 5 mile I(; 7 "'?" 2 . 6-1 mile C . t"! o 3 -1.1 -2 mile s 4 -2. 1 -5 miles 7 . cor" 5 -5 10 miles / . 5'"C?" 6 10-20 mi.lc s b 7720-30 miles 8 30 miles or mor e Would you join a car pool if one were available? 1Yes /1A54J./ ,C.'I?II' 2 No !J/.S" '?', Do you know someon e you could car pool with but don't want to? 1 Yes ffA I Y t 't.r 2 -No . ?'., 5. Where are you employed? (Circle one) 1 -Basalt ;? f,;l '?""o 2 N e w Basalt (within a 5-m .ile 7./7'u radius) 3 Aspen )7. 9 7o 4 -Glenwood Springs -s-?-" 5 -Carbondale /.5"'7" 6 Other (specify) ;s-: 6. If y ou are married, where is your spouse employed? (Circle one) 1 Bas al t 7. 2 Near Basalt (within a 5-mile radius) C. 3 Aspen ;J"lp 4 -Glenwood Springs 0 '?o 5 -Carbondale I .S'"lc 6 -Is not employed outside of 7 Other _!__2:.:L"7.L...,.D'--7. Do you l ive within the incorporated city limits of Basalt? 1 Yes ?9. "" 2 -No ' . I"'" 3 Don' t know o "(",. 8. What area do you live in? 1 -Basalt proper/t'Pfi, 7-Lazy Glenn 2 Sopris Village 8-El Jebel 3 -Willets Lane 9-0ld Snowmass 4 -Missouri H eights 10-0ther ( specify) 5 Enuna 6 -Holland H ills

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12 104 How often do you use bus service to the following places? Several Once Several Once Times A Times In Daily Per Week Week Per Month Awhile Never A. Aspen ----------------1 '/5""?" 2 3 4 5:/"' .;JZ 6 "'s-: oZ, B. Carbondale -----------1 .::1 "7 ... 2 ;. ,,..,. 3 ... 4 / . 5 6 7/. ;>Z, c. Glenwood Springs -----1 .. 2 ; . s-?'o 3 0 4 tJP .. 5 6 PART VII: PERSONAL INFORMATION Sex of respondent: (Circle one) 1 -Male 2 Female 5'"1 . .?"?P' What is your age? (Circle one) 1 18-24 9.1 2 25-34 '3'f. 3 -35-44 4 45-54 5 -55-59 6 60-64 ... 7 -65 or /"'To Mark the highest level of education you have completed. (Circle one) 1-Junior High (8th grade or. less) 1./.5&>;-" 2-Some high school 'f.b-'7o 3-High school -;;27-3"1o 4-Two-year college ?.I ;z 5-Four-year college ;l. 7-., 7; 6-Master's level graduate 7-Ph. What is your marital status? (Circle one) 1 Never married /'6 . 79'.; 2 -Now married s-r. / ?'.,. 3-Divorced 'f'./'r.., 4 -Separated oo;-, 5 Widowed tf. f"'" 6 Other (specify) '31 • .::1 7',; 5. If you are presently married, what is the highest level of education completedby your spouse or partner? (Circle one) 6. l -Junior high (8th grade or less)/.S,_t> 2 Some high school (;"./o/o 3 -High school /9. 4-Two-year college 5 -Four-year college If". 6 -Master's level graduate 769.? 7 -Ph . D • In the box below indicate the number of males and the number of females in your household in each of the age categories, including yourself. Male Female A 0-4 years ..J....f__.. B -5-9 years I:...-%J::..C -1 0-14 years ......_lf_'P_. =' ..... M"----'-7-'-./-'%'-"" D -l 5-1 9 years _.t_.;l:::....:...L. Sfl:..-<-.:o:._ E -2 0 -2 4 year s--'-7._. -"-s-....... &'-"'<_ _.!._.2c:...:.L./_,3=o F 25-24 years 'JP . 7 7o -, ] /o G -35 -44 years "JO, "7% l;;l H -45 -54 years tP. '/" /4.' '"' I -55-64 years ...... , __ .....s...l.....,. J -65 and over i.f. j-lo 6 L' ?o Total number in your household, including yourself: ________ _

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105 Which of the following categories best describes your principal occupation or the general business or industry in which you work? (Circle one) 1 -Farm operator, manager, or other specialist 2 -Livestock ranch operator, manager, or other specialist 3 -Livestock and farm work other than 4 -Food service management 3"?., 5 -Food service work other than 6 -Hotel, motel management ''(';, 7 -Hotel, motel work other than 8 -Finance, insurance, and real estate 9 -Owner or manager of a retail store (;.('7., 10 -Work in a retail store other than manager or owner 11 -Employee in transportation './ 12 -Employee in wholesale trade ;. 13 -Engineer or architect 9'7., 14 -Social worker f . !i" 1 5 -Lawyer /. 16 -School administrator 0 17 -Teacher, librarian, counselor , , / 18 -Physician CJ '7? 19 -Dentist 20 -Veterinarian 0% 21 -Health Service ( . s-""r, 22 -Marketing and sales 7'-5"Z, 23 -Clerical '/. !i o 24 -Construction contractor /. s-?'P 25 -Construction trades craftsman 7. '7" 26-Construction trades apprentice or other worker 27 -Forestry, wildlife, soil, watershed occupation tJ 9'..28-Mining 29 -Student % 30 -Homemaker 7./ 31 -Retired '3. o 32 -Unemployed 3 . o /"__, 33 -Disabled o 7, ll.re you l -Yes 2 -No employed in mining or a mine related job? j.S'"l" f t? (C;ircle one)

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14 106 If you are married, which of the following categories best describes your spouse's present occupation? 1 Farm operator, manager, or other specialist 2-Livestock ranch operator, manager, or other 3 -Livestock and farm work other than management o 4-Food service management 5 Food service work other than management 0 6 -Hotel, motel management 0 ?o 7-Hotel, motel work other than management 8 -Finance, insurance, and real estate 9 Owner or manager of a retail store ; . s-'7, 10 -Work in a retail store other than manager or owner 0 l.J'o 11 Employee in transportation 12-Employee in wholesale 13 -Engineer or 14 Social worker o 15 Lawyer-:3-" '7o 16 School administrator 17 -Teacher, librarian, counselor f 18 Physician '?o 19-Dentist 1.5''71 20 -Veterinarian o7o 21 -Health service "3. o 22 -Marketing and sales 3.0 '7o 23 Clerical I. 5 24 Construction contractor 25Construction trades craftsman 26 Construction trades apprentice or other worker 27-Forestry, wildlife, soil, watershed occupation 28 -Mining occupations (} 7, 29 Student C> or, 30 Homemaker ;z o;" 31 -Retired 32 Unemployed o '?, 33 What is your primary source of income? (Circle one only) 1 Salary (monthly or yearly) 1.J fl". s-?o 2 -Wage (hourly and/or tips) 3 -Self-employed 4 Social security VS' 7, 5 Public assistance 6 -Independent income (rents , interests, stock, etc.) '/. ,-% 7 Other (specify) What do you think your total combined family income will be this year? 1 -Less than $ 7,000 (; '7 p 1?1'"'0 2 More than $ 7,000 but less than $ 12,000 3 II II 12,000 II II II 15,000 4 II " 15,000 II II II 19,000 1./. s-'?' c:> 5 II II 20,000 II II II 25,000 I •.r. :Z &>r" 6 II II 25,000 II II II 30,000 fP.' ., 7 Over $30,000

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15 107 12. What percentage of your total family income is provided by family members other than yourself? 1 0-10% '3'1lf"" 211-20% J 21-30% t!f./'?b 4 31-40% 5 41-50% 6 51-60% /. 7 61-70% f.5''7o 8 71-80% "J.P 7p 9 81-90% 0.,() 10 91-100% 13. This survey is: 1 Very worthwhile ) 7. '!7 0 2 Somewhat worthwhile ;;1-11' .'l''7p 3 -A waste of time f" .t; """ 4 -No opinion PLEASE CHECK TO SEE THAT YOU HAVE ANSWERED ALL QUESTIONS ON THE SURVEY FORM. ADD ANY COMMENTS YOU MAY HAVE ON THE BACK OF THIS PAGE. THANK YOU VERY MUCH!

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Mlta. Ul..C.fJlro IJW l41MUMY -m.m I'Unlt'.a I lO wg> DBIW"\'IC6 .... ....... ....... ... atr!Ultrl'{ uus;tlll\: p z t"m"ll'{,6 Mf.W. Ut'ii"''UNl't' wv..nro: NaJl, IR!mWffi M \'.0\li\D romon • l.lu.l. &OIJIJ\ tfr:nf Ltl1MmtS • Sl)ff ... rofR i\Um. ft).t\t\\11>. taNlt.') . . ...... 0 00