17.148.140 Board of County Commissioners to make designations.
Designations and amendments or revocations of designations may be initiated by either of the following methods:
A. If the Board of County Commissioners may by official action designate such matter. (Res. P&D 15-036, app. 7-15-2015)
(Res. P&D 15-036, app. 7-15-2015)
17.148.160 Public hearing required.
A. The Board of County Commissioners shall hold a public hearing before designating any matter of State interest or State and local interest and adopting regulations for the administration thereof. (Res. P&D 15-036, app. 7-15-2015)
17.148.170 Notice of public hearing, mailing list and publication.
A. The Administrator shall prepare a notice of the designation hearing which shall include:
1. The time and place of the hearing;
2. The place at which materials relating to the matter to be designated and any guidelines and regulations for the administration thereof may be examined;
3. A telephone number where inquiries may be answered;
4. A description of the area of activity proposed to be designated in sufficient detail to provide reasonable notice as to property which would be included. The notice shall include the legal description of the property, and if the property is known by any general or popular name, that name also shall be included in the notice.
B. At least thirty (30) days but not more than sixty (60) days before the public hearing, the Administrator shall publish notice thereof in a newspaper of general circulation in the County of Pueblo.
C. The Administrator shall also mail notice of such meeting to each of the following:
1. State and federal agencies selected in the discretion of the Administrator; (Res. P&D 15-036, app. 7-15-2015)
2. Representatives of the news media selected in the discretion of the Administrator;
3. Any other person considered in the discretion of the Administrator to be likely to be affected by the proposed designation;
4. Any other local governmental jurisdiction which might, in the opinion of the Administrator, be directly or indirectly affected by the designation.
Failure, however, of the Administrator to make any or all of the above mailing shall not constitute such a defect as to prevent the holding of the public hearing as provided for in the notice published in accordance with Section 17.148.170(B).
17.148.180 Matters to be considered at designation hearing.
A. At the public hearing described above, the Board of County Commissioners shall consider such evidence as may appear appropriate, including as a minimum:
1. The intensity of current and foreseeable development pressures;
2. The matters and considerations set forth in any applicable guideline issued by the Colorado Land Use Commission and other State agencies;
3. The boundaries of the proposed area if the matter to be designated is an area;
4. Reasons why the particular area or activity is of public interest, the dangers that would result from uncontrolled development of any such area or uncontrolled conduct of such activity, and the advantages of development of such area or conduct of such activity in a coordinated manner;
B. The Board of County Commissioners may also consider:
1. Any master or comprehensive plan pertaining to or affected by the area or activity under consideration; and
2. Any federal or State plan or program pertaining to or affected by the area or activities under consideration.
C. The Board of County Commissioners shall also hear relevant testimony and receive relevant evidence, including documents presented at the hearing and including the recommendations of the Land Use Administrator and his or her staff.
17.148.190 Record of designation proceedings.
A. The administrator will collect and preserve the following record of the public hearing, as a minimum:
1. Notice of the hearing;
2. Publisher’s proof of publication of the notice;
3. The names and addresses of person who presented written or oral statements at the hearing;
4. Written findings concerning each of the matters referred to in Section 17.148.180 above.
B. Any person may, at his or her own expense, provide for the recording of the hearing and transcription thereof; provided, however, that a copy of the recording or transcription thereof, if transcribed, shall be furnished free of charge to the Administrator and shall become part of the record.
17.148.200 Adoption of designation and regulations.
A. At the conclusion of the designation hearing, the Board of County Commissioners may adopt, adopt with modification, or reject the proposed designation. If designation and regulation is rejected, the Board of County Commissioners may, nonetheless, regulate the matter under any other available land use control authority, or it may reject regulation of the matter entirely.
B. Such action shall be taken by resolution.
C. Each designation order adopted by the Board of County Commissioners shall, as a minimum:
1. Specify the boundaries of the designated area of public interest, the dangers that would result from uncontrolled development of any such area or uncontrolled conduct of such activity, and the advantages of development of such area or conduct of such activity in a coordinated manner;
2. Specify the regulations applicable to the designated matter of public interest.
(Res. P&D 15-036, app. 7-15-2015)
17.148.220 Recording of notice of designation.
A notice of the designation shall be certified by the Board of County Commissioners to the County Clerk and Recorder for filing in the same manner as any other document affecting real property.
17.148.230 Effective designation--Moratorium until final determination.
After a matter of public interest is designated pursuant to Section 17.148.200, no person shall engage in development in such area, and no such activity shall be conducted until the designation and regulations for such area or activity are finally determined as required by C.R.S. §24-65.1--101, et seq., as amended.