Colorado § 30-28-108 - Adoption of plan by resolution.

§ 30-28-108. Adoption of plan by resolution.

A county or regional planning commission may adopt the county or regional master plan as a whole by a single resolution or, as the work of making the whole master plan progresses, may adopt parts thereof, any such part to correspond generally with one or more of the functional subdivisions of the subject matter which may be included in the plan. The commission may amend, extend, or add to the plan or carry any part of it into greater detail from time to time. The adoption of the plan or any part, amendment, extension, or addition shall be by resolution carried by the affirmative votes of not less than a majority of the entire membership of the commission. The resolution shall refer expressly to the maps and descriptive matter intended by the commission to form the whole or part of the plan. The action taken shall be recorded on the map and descriptive matter by the identifying signature of the secretary of the commission.

Source: L. 39: p. 297, § 7. CSA: C. 45A, § 7. CRS 53: § 106-2-7. C.R.S. 1963: § 106-2-7.

ANNOTATION

This section deals with the powers and duties of the planning commission. Gordon v. Bd. of County Comm'rs, 152 Colo. 376, 382 P.2d 545 (1963).

Commission may amend, add, or extend plan once adopted and approved. Once the master plan is adopted by the commission and approved by the board, the commission then may amend, extend, or add to the plan as time and circumstances dictate. Johnson v. Bd. of County Comm'rs, 34 Colo. App. 14, 523 P.2d 159 (1974), aff'd sub nom. Colo. Leisure Prods., Inc. v. Johnson, 187 Colo. 443, 532 P.2d 742 (1975).

Also, this section is applicable to the resolutions of county commissioners on the subject of zoning property. Gorden v. Bd. of County Comm'rs, 152 Colo. 376, 382 P.2d 545 (1963).

Where a request for change in zoning originates before the planning commission this article contemplates that the question before the county commissioners shall be whether the recommendations of the planning commission shall be approved. Gorden v. Bd. of County Comm'rs, 152 Colo. 376, 382 P.2d 545 (1963).

A recommendation of the planning commission must be in the form of a resolution which itself identifies the property to be affected. Gorden v. Bd. of County Comm'rs, 152 Colo. 376, 382 P.2d 545 (1963).

Therefore, in the absence of a resolution which identifies the property to be affected, there is nothing properly before the county commissioners to be approved or disapproved. Gorden v. Bd. of County Comm'rs, 152 Colo. 376, 382 P.2d 545 (1963).

In amending the zoning law, the official or body making the amendment is enacting law, binding on the public, and is not merely dealing with the rights of the owners of the particular property affected, and the act is legislative and based on present facts, rather than judicial and dependent on past facts. Gorden v. Bd. of County Comm'rs, 152 Colo. 376, 382 P.2d 545 (1963).

Municipal ordinance precluded. Where a statute, such as this section, authorizes the adoption of zoning regulations by means of resolution, the municipality may not act by way of ordinance; but where the statute requires an ordinance for the attainment of the zoning restriction, a resolution is ineffective to accomplish the desired result. Gorden v. Bd. of County Comm'rs, 152 Colo. 376, 382 P.2d 545 (1963).

The pronouncements of the supreme court in cases dealing with zoning ordinances adopted by cities are applicable to the actions of county commissioners in connection with zoning "resolutions" which they are now authorized to adopt, unless some specific statutory provision authorizes a different procedure. Gorden v. Bd. of County Comm'rs, 152 Colo. 376, 382 P.2d 545 (1963).

Applied in Theobald v. Bd. of County Comm'rs, 644 P.2d 942 (Colo. 1982).