Mt. CB brushes up on Planning Commission responsibilities

“Nothing that comes to us hasn’t already been approved by the Planning Commission”

By Kendra Walker

With the Nordic Inn Planned Unit Development (PUD) application recently moved forward by the Mt. Crested Butte Town Council review, and following a year of contentious PUD proposals coming before both towns and the county, the Mt. Crested Butte council got a refresher on how the Mt. Crested Butte Planning Commission fits into these types of development review processes.

During a December work session, town staff walked council through the various responsibilities of the two governing bodies in town to better understand the role and goals of the Planning Commission.

“What we’re aiming to do is introduce you to how our process works, in the middle of some applications on the horizon and some pretty major applications coming our way,” said community development director Carlos Velado.

Velado explained that the Planning Commission’s primary role is to plan and serve in an advisory capacity for the Town Council. Council appoints members for a four-year term. They are required to be a resident of Mt. Crested Butte and must have lived in town for a minimum of one year.

According to town code, the Planning Commission’s functions shall “include, but not be limited to, aesthetic, architectural, environmental and ecological coordination and planning relating to the enhancement and preservation of the quality of life.”

“The commission represents the town and strives to provide input and guidance for the town,” said Velado. “They basically have to follow the same set of rules and guidelines that you as councilors do.”

Velado explained that essentially all land use applications in Mt. Crested Butte first come to the Planning Commission, then require public process and public hearings. If moved forward by the commission, the applications then come before council for review. At their discretion council can decide to go with the commission’s recommendations and conditions, or add to or ignore those recommendations. The Planning Commission is strictly advisory and the ultimate decision-making almost always lies with Town Council, said Velado.

Among the Planning Commission’s duties, members prepare and present town ordinances as they pertain to zoning; hold public hearings; and make recommendations to zoning, rezoning, PUDs and land use, variances and conditional use permits. Additionally, one of the most common jobs of the Planning Commission is to oversee design review, which is the architectural review of the design of any structure in town.

“So a recommendation by the Planning Commission has a perceived amount of weight that comes with it,” said council member Roman Kolodziej. “What input might they have on that process that council might not have?”

“You as councilor do these types of applications, but you also do myriad other applications—for example, the admissions tax. These all require a significant amount of time to prepare and hear,” said Velado. “Land use is pretty much all the Planning Commission does. But again, it’s simply their advisory, it’s just a recommendation.”

He added, “You can’t say no to an application because ‘I don’t like it.’ You need to say no within the context or lens of the format built into the [Town’s] code.”

Town attorney Kathleen Fogo added, “And you can’t say yes because you really like it, but it doesn’t meet the code… But typically one that’s presented to you will be eligible for approval.”

Among the developments reviewed by the Planning Commission and Town Council, Velado explained that PUD applications require a more elaborate zoning and approval process. “With straight zoning, I am designing a home to fit the zoning (has to be this tall, fit certain setbacks, etc.)… but with a PUD I’ve got a building that I think works better for the site,” he hypothesized. “I’ve got a plan and want to change the zoning to fit that plan versus make the building fit that zoning. In order to get those allowances, you have a much more involved approval process.”

This is why PUD projects, such as the Nordic Inn, have included much more attention, more public meetings and a lengthier review by both the Planning Commission and Town Council. Council has accepted the Planning Commission’s recommendation to approve the Nordic Inn PUD Major Application, which will now go to design review before the Planning Commission.

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