Colorado § 30-28-112 - Certification of plan - hearings.

§ 30-28-112. Certification of plan - hearings.

The county planning commission shall certify a copy of the plans for zoning all or any part of the unincorporated territory within the county, or any adopted part or amendment thereof or addition thereto, to the board of county commissioners of the county. After receiving the certification of said zoning plans from the commission and before the adoption of any zoning resolutions, the board of county commissioners shall hold a public hearing thereon, the time and place of which at least fourteen days' notice shall be given by one publication in a newspaper of general circulation in the county. Such notice shall state the place at which the text and maps so certified by the county planning commission may be examined. No substantial change in or departure from the text or map so certified by the county planning commission shall be made unless such change or departure is first submitted to the certifying county planning commission for its approval, disapproval, or suggestions and, if disapproved, shall receive the favorable vote of not less than a majority of the entire membership of the board of county commissioners. The county planning commission shall have thirty days after such submission within which to send its report to the board of county commissioners.

Source: L. 39: p. 299, § 11. CSA: C. 45A, § 11. CRS 53: § 106-2-11. C.R.S. 1963: § 106-2-11. L. 92: Entire section amended, p. 965, § 4, effective June 1.

ANNOTATION

Legislative intent was to provide the board with expertise of the commission in the form of recommendations on each specific amendment to that plan. 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).

If an amendment is proposed by the planning commission, this section applies. 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).

Section applies if amendment intended to alter all zoned areas. This section is applicable where the proposed amendment is intended to alter the original zoning plan in comprehensive fashion and in a manner which would affect all zoned areas. Colo. Leisure Prods., Inc. v. Johnson, 187 Colo. 443, 532 P.2d 742 (1975).

Substantially altered amendment resubmitted to commission. If the board of county commissioners concludes that an amendment should be substantially altered, then it must be resubmitted to the planning commission in order that the county commissioners receive the recommendations of the planning commission on the revised amendment which the board proposes to adopt. 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).

Resubmission not required for nonfundamental changes. Where the resolution proposed by the county planning commission was most comprehensive, but it proposed numerous classifications for zoning districts, including five classes of each district, and the board of county commissioners eased the restrictions relating to the location of fur farms, kennels, portable sawmills, and veterinary buildings in an agricultural and forestry district, the change was not so fundamental in nature as to in any wise materially alter the basic overall zoning policy contained in the resolution of the board, and did not necessitate a resubmission of the matter to the commission. Grant v. Bd. of County Comm'rs, 164 Colo. 69, 432 P.2d 762 (1967).

Public hearing. This section provides that before the adoption of any part of a zoning plan there shall be a public hearing thereon the time and place of which at least 30 days notice shall be given by one publication in a newspaper of general circulation in the county, and such notice shall state the place at which the text and maps so certified by the county planning commission may be examined. Holly Dev., Inc. v. Bd. of County Comm'rs, 140 Colo. 95, 342 P.2d 1032 (1959).

Legislative intent as to publicity. The legislative intent very properly was and is that overall plans or changes should be given such publicity as will reasonably inform those owners affected, as well as the public, of what is proposed. Holly Dev., Inc. v. Bd. of County Comm'rs, 140 Colo. 95, 342 P.2d 1032 (1959).

Notice must be clear, definite, explicit, and not ambiguous; and unless its meaning can be apprehended without explanation or argument, it cannot be said to be clear. Holly Dev., Inc. v. Bd. of County Comm'rs, 140 Colo. 95, 342 P.2d 1032 (1959).

The plain language of this section does not require a board of county commissioners to give notice after the date the plan is certified by the planning commission. Rather, the plain language requires only that the public receive 14 days' advance notice of the hearing. Raygor v. Bd. of County Comm'rs, 21 P.3d 432 (Colo. App. 2000).

Notice adequate. Where all who appeared for the "first" meeting necessarily learned that the earlier date was incorrect, and presumably, if they made any inquiry, also ascertained that the actual hearing would be held two days later, and the public hearing was exceedingly well attended with about one-half of those persons present opposing with the remaining one-half testifying in support of the resolution, the notice in the instant case was not defective and incorrectly dated notice did not neutralize the "valid" first notice. Grant v. Bd. of County Comm'rs, 164 Colo. 69, 432 P.2d 762 (1967).

Applied in Bd. of County Comm'rs v. City of Thornton, 629 P.2d 605 (Colo. 1981); Theobald v. Bd. of County Comm'rs, 644 P.2d 942 (Colo. 1982).