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Planning Director Richard Miller came before the Board to confirm that the Elbert County Master Plan is an advisory document pursuant to C.R.S. 30-28-106(3)(f). Richard also stated that in April 2007, the Governor signed House Bill 07-1246 into law which modified the above statute and states in part the “Master Plan of Counties or Regions shall be an advisory document to guide land use development decisions; however, the plan or any part thereof may be made binding by inclusion in the counties subdivision, zoning, planning development or any other similar land use regulations after satisfying the notice of due process and the hearing requirements for a quasi-judicial process.” Under HB 07-1246, the Board of County Commissioners may decide to make a portion of the Master Plan or all of it, binding by inclusion into the zoning and subdivision regulations. Any amendments to the regulations must be accomplished by the public hearing process before the Planning Commission and the Board of County Commissioners.
Since the Community & Development Services Office, Planning Commission and the Board of County Commissioners have viewed the Master Plan as an advisory document, Richard recommended that the Community & Development Services Office should move forward with the public hearing process to remove any reference to the Master Plan in the County’s regulations.
The Board approved the recommendation and move forward with a public hearing.