Have you ever heard of the Elbert County Open Lands, Parks and Trails Plan ? I had not heard of it until this week, and I doubt that more than a handful of voters and property owners know about it. Looks like it’s about to become regulatory law in Elbert County.
It’s purely a guess, but I would estimate the value of the takings contemplated by the new regulations discussed in the previous blog item, plus the value of the takings contemplated in the Elbert County Open Lands, Parks and Trails Plan, runs into the hundreds of millions of dollars.
See:
C.R.S. 30-28-106 Adoption of master plan – contents
“The master plan of a county or region shall be an advisory document to guide land development decisions; however, the plan or any part thereof may be made binding by inclusion in the county’s or region’s adopted subdivision, zoning, platting, planned unit development, or other similar land development regulations after satisfying notice, due process, and hearing requirements for legislative or quasijudicial processes as appropriate.”
(Section 3 (a))
And See:
Proposed: EC Zoning Regs Section 16 -PUD New Section “D” Site Design Standards for Residential Developments
“These Design Standards are intended to work in conjunction with the Elbert County Master Plan to help ensure the goals and objectives of the Master Plan are addressed by residential developments.”
(page 1)
And See:
Proposed: Elbert County Master Plan for Housing
“Intent and Purpose of Conservation Communities:
Purpose:
8. To further the goals and policies of the Elbert County Master Plan and the Elbert County Open Lands, Parks and Trails Plan;”
(page 6)
Now Listen:
Thayer and Miller Discussion on regulatory vs. advisory plan
And Listen:
Thayer on Advisory vs. Regulatory Plan
(at close of 2/26/09 Planning Commission Meeting.)
My take:
The majority of planning commissioners and county planners seem to treat this question of a regulatory master plan as de minimus, and perhaps even subject to their own whim.
I don’t think so. I think the above statute is pretty clear on the question, and the construct of housing master plan and PUD zoning modifications they have proposed, and are in the process of conducting public hearings on, clearly fits the terms of the statute.
They say that the proposed regulations are the result of community input and everyone should follow them. Really? What community? How many people were actually heard on the substance of these questions? Was there a vote or a broad-based canvas of the community?
No. This whole thing looks like minority rule by determined believers in property-taking for their own image of the “public good,” and they’re quietly in the process of stealing our rights out from underneath us.
I would say get on the phone right away and tell the planning commission to keep their hands off our property, but the odds are you’d just be talking to a zealot who wouldn’t hear you anyway.
We’re going to need a real public vote in the next election on this question. We’re going to need to put this on the ballot if we have any hope of protecting ourselves from this bunch.