Plan implementation is by and large the most critical yet most ignored step in the planning process. In order for the plan to be a useful guide to growth and development, the Town must make a concerted effort to follow the recommendations presented in this chapter. It should be noted that these recommendations are not the only implementation tools available to the Town. Other tools which merit investigation are tax devices (i.e., tax increment financing), utility extension policies, land acquisition techniques, and the development review process.

The Town currently has a structure for adapting regulatory and policy mechanisms to the implementation process. A zoning ordinance, subdivision regulations, and landscaping requirements have been enacted, while a sign code will be finalized following adoption of the comprehensive plan. The Town has also established a capital improvements program for future water improvements. However, since the Town is not a "home rule" city, many powers are not at its disposal.

In terms of internal organization and administration, Monument is progressing in a positive fashion. A planning program is in operation and a part-time professional planner has been retained to provide technical assistance on development matters. The Town is also considering the creation of a city manager position. These organizational decisions are strongly supported and are evidence of the fact that Monument continues to be a changing and dynamic community.

Zoning and subdivision regulations are two of the mechanisms which Monument can use to help implement the comprehensive plan. Section 31-23-303, C.R.S. 1973 states that such regulations shall be made in accordance with a comprehensive plan . ." Furthermore, the Town’s zoning map is to be based upon future land use arrangements and intensities as recommended in the comprehensive plan.

The ability to fulfill the objectives, policies, and recommendations of the comprehensive plan will be evaluated in terms of the Town’s existing zoning and subdivision regulations. It should be noted that it is beyond the scope of this plan to provide a detailed revision of the regulations. What is attempted instead is to furnish Monument with a recommended format for the revisions.

Zoning Ordinance

The existing zoning regulations provide insufficient guidance to both the applicant and the Town. Review criteria are too general to be used objectively and therefore, cannot be used consistently or predictably. The regulations do not provide any indication of the relative importance of the various review criteria nor do they offer incentives for the achievement of any of the stated objectives. The definitions of permitted uses are too broad, and there are no specific criteria for reviewing conditional uses. The regulations lack a simple explanation and timetable for the review procedure. Definitions need to be clarified, while a single format needs to be applied throughout.

In order for the zoning ordinance to become an effective tool for implementing the comprehensive plan,

it must be extensively, yet comprehensively revised. The new ordinance needs to reflect changes in policy by the Town and new concepts in development. This is also an opportunity for the Town to correct existing problems and deficiencies with the regulations. Since zoning must be based on the comprehensive plan, it is important that the new ordinance effectuates the planning objectives, policies and directions presented in the plan.

It is recommended that the Town blend the existing regulations with a performance zoning system. The current zoning districts need to be revamped into planned zones where permitted uses are compatible and proper buffering and similar design features are assured. Performance criteria or standards should be built into both the overall development regulations and the individual districts. The established criteria can be detailed, such as density and open space ratios, or they can be general (i.e., The demand for public services created by new development shall not exceed the Town’s capacity to provide such services). Most importantly, the new regulations should be streamlined and simple to administer.

The performance criteria should emphasize desirable standards rather than minimum standards and should include both absolute and variable criteria. The relative priority of the review criteria should be established and assigned, while the regulations should be written in a procedural handbook format with a regulatory checklist included. To help applicants implement the Town’s adopted policies and plans, the criteria should incorporate incentive mechanisms. Additionally, the regulations should provide a simple explanation of the review procedure and a timetable for the review process.

An interesting approach which has been successfully used in other Colorado communities is to expand the Planned Development (PD) zone for utilization as a community-wide overlay zone. With this system, the applicant has a choice of "use by right" or a designation to a different use(s) under the PD zone overlay. Both incentives (i.e., density bonuses) and performance criteria are incorporated into the PD zone to ensure that potential impacts are mitigated and additional public amenities are provided. The PD overlay zone encourages project proposals to respond to unique characteristics of individual areas like the Downtown and Highway 105 corridor and provides additional assurance to the Town that the project is consistent with the comprehensive plan and other Town policies. It also eliminates speculation zoning for future unspecified uses.

This section has recommended general modifications aimed at improving the effectiveness of the zoning ordinance. In summary, the follow ing provisions are specifically recommended in order to implement the comprehensive plan.

1. A performance oriented zoning system.
2. Unique design criteria for reviewing development proposals in the Downtown and Highway 105 corridor.
3. Specific open space requirements in all PD categories.
4. Expanded park and recreation dedication requirements.
5. Upgraded parking standards.
6. Provision for cluster housing, townhomes and condominium developments.
7. Density bonuses and other types of incentives.

Subdivision Regulations

Monument’s existing subdivision regulations present a logical format and good technical data and design criteria. They do not indicate the same need for revision as the zoning ordinance. However, there are several improvements that are necessary to enhance the subdivision regulations as a useful device for implementing the comprehensive plan.

The subdivision regulations should base the review of proposals on criteria or standards which analyze specific impacts to local resources and which assist the orderly, efficient, and integrated development of the Town. The relative priority of review criteria should be established and assigned. Incentives should be incorporated in the review criteria to help applicants implement the Town’s policies and plans. In addition, the regulations should provide a simple explanation of the review procedures and a timetable for the review process.

Section 3, "Improvements and Design Standards" provides for new standards and requirements after the adoption of the comprehensive plan. These new standards should be integrated with the parks, open space, pedestrian, and street recommendations in the plan. It should be kept in mind, however, that such standards are not so restrictive as to exclude particular income or minority groups.

Consolidation

In order to simplify the present regulatory system and facilitate coordination of land use regulations, the zoning ordinance, subdivision regulations, sign code, and other land development regulations should be consolidated into one document -The Town of Monument Development Code. Engineering specifications and other details can be under separate cover since they are typically not needed by everyone. The consolidated code should be in the format of a procedural handbook, with easy reference to applicable parts of the code. An integral component of the single code should be a development checklist to standardize the review process and to aid in a complete evaluation of a development proposal. Appendix F displays a model development checklist. In addition, the code could include annexation policies, planning policies, performance standards, and design guidelines in accordance with the comprehensive plan.

Sign Code

A sign code is one of the major legal mechanisms for implementing the urban design elements of the comprehensive plan. The regulations should be consistent with Colorado statutes and case law regarding the enforcement of sign codes, as a provision of the statutory police power assigned to towns. One major consideration in the legality of sign codes in Colorado is the right of owners of existing signs to retain the signs for a given period of time in order to amortize their investments in those signs.

Monument should review sign codes used by other towns with similar physical settings and markets. The best aspects of those sign codes should then be incorporated into a strong, enforceable sign code which will provide visual continuity, minimize visual hazards, and attract business. The sign code should encourage private signs to be designed in good taste, in reasonable sizes, and in keeping with neighborhood integrity. Although most aspects of the sign code will be applicable throughout the Town, it is recommended that specifically designed regulations be geared to distinct areas such as the Downtown, Highway 105, Second Street, and Third Street. Since the State currently regulates advertising devices which are visible from Highway 105, the Town’s regulations along this road should be more restrictive than those of the State.

Monument needs to adapt their sign code to fit their needs and the character of the community. Nonetheless, there are certain standard components of any sign code which are enumerated below.

1. Definitions -- Since there are many types and functions of signs care should be taken to provide precise and clear definitions. Specific exemptions from the sign code (i.e., flags, pennants, window displays, or temporary signs) should be separately listed.
2. Zoning Districts -- The type and design of a sign should differ for residential, business, and industrial areas.
3. Display Surface -- The maximum permitted display surface should be in proportion to street frontage, building area, or facade coverage.
4. Location -- Regulations should be designed to prevent sign placement or overhang into the public right-of-way. Some regulations prevent off-site advertising signs.
5. Number -- Each building and property should be limited to a specific number of signs.
6. Illumination -- Standards should be established which regulate types and sources of illumination. Illuminated signs can be restricted in some residential zones.
7. Non-conforming Signs -- Following the adoption of the sign code, all legal non-conforming signs should be amortized over a reasonable time period. The amount of time is a legal and controversial issue that will require a research of applicable Colorado case law.

A Capital Improvements Program (CIP) is an excellent mechanism for linking capital facilities decisions to the planning policies and programs in Chapter 2 and the capital needs identified in Chapter 3.

The CIP projects capital needs, assigns priorities, and schedules the improvements over a five-year period based on the Town’s ability to pay for the improvements. It ensures that the Town looks toward

the future rather than reacting or over-reacting to a crisis situation. Besides fulfilling the recommendations of the comprehensive plan the CIP has the following advantages:

1. Substantial savings to the taxpayer by acquiring land for public facilities at raw land prices.
2. Avoiding duplication of facilities and diseconomies of scale.
3. A more stable tax rate by scheduling public facilities advance of actual need.
4. Minimizing interdepartmental conflicts by planning for capital needs instead of competing on a yearly basis.

Monument should institute the following additional plans and programs to implement the comprehensive plan:

1. Landscaping plan and implementation program incorporating the existing landscaping regulations.
2. Urban service area.
3. Parks and open space plan.
4. Drainage plan.
5. Retention of the Town planner position.
6. Creation of a Town Manager position, possibly in conjunction with a Town Engineer or Town Planner position.

Voters in the 1980 general election approved an amendment to Article II of the Colorado State Constitution. This amendment, Section 30, limits the power of cities and towns to annex territory, while at the same time making voluntary annexations more difficult. The passage of the amendment necessitates a more cautious attitude on the part of the Town toward annexations and an increased emphasis on cooperation among the Town, the County, and special districts.

With the passage of this amendment, a municipality may only annex territory given one of four conditions:

1. If in a town-sponsored election, the annexation is approved by a majority vote of both the landowners and the registered voters in the area proposed for annexation, or
2. If a petition for annexation is signed by more than 50% of the landowners and by persons owning more than 50% of the land in the area proposed for annexation, or
3. If the area proposed for annexation is entirely surrounded by the town, or
4. If the area is owned by the town.

One impact of this amendment is the need for Monument to adopt a more cautious attitude toward annexations. The Town must evaluate each annexation independently since it cannot depend on additional annexations to eliminate any shortcomings such as irregular shapes and locations. For example, many cities historically have been willing to "flagpole" annexations of desirable outlying parcels with the assumption that parcels in between would be annexed in the future. However, the ability of the Town to annex the parcels between the Town and the newly annexed parcel has been severely limited by the amendment to Article II. When reviewing annexation proposals, the Town therefore needs to carefully weigh the potential costs, such as extending services to an outlying area, against the benefits, such as the capture of taxes and the control of land use.

A second impact of the amendment is the increased need for cooperation among the Town, the County, and special districts to help assure that land uses outside the Town’s boundaries are compatible with those inside and that they help implement local goals, policies, and plans. Cooperation is imperative since cities now face the threat of being surrounded by incompatible development without the recourse of annexation to help assure compatibility. Because the State Statutes have also been changed to loosen the requirements for incorporation, the potential for outlying areas incorporating and forming their own municipalities has increased.

Under Colorado law, a city has no authority to regulate development beyond its boundaries in the absence of legislation specifically granting it that authority. Enabling legislation does exist which provides authority for a municipality to:

Fortunately, there are several less traditional mechanisms which cities can use to help achieve compatibility of surrounding land uses: contracting with other local units of governments for planning and regulating the development of land, establishing agreements for the provision of services to outside consumers, and consolidating services. Monument should investigate each of these.

Monument needs to adopt a set of policies to ensure that annexation occurs in an orderly fashion and to clarify the Town’s position to landowners and developers. With water being the Town’s most critical concern, the issue of water availability must be the most important factor when evaluating annexation proposals. The Town should ask itself: "Will annexing the property result in a deficit or surplus in water availability through surface and/or subsurface water rights, and will the costs associated with developing these rights be cost effective or cost prohibitive?"

The following considerations should be regarded by the Town when developing annexation policies:

Certain program activities are necessary in the first year following adoption of the comprehensive plan in order to continue momentum and to ensure that plan concepts, recommendations, and policies are brought to fruition. The recommended first year program activities are: