Article 2. Designation of Matters of State Interest

1.201.   Board of County Commissioners to Make Designations

Designations and amendments of designations may be initiated in two ways:

(1)

The Board of County Commissioners may in its discretion designate and adopt regulations for the administration of any matter of state interest.

(2)

The Board of County Commissioners, in its sole subjective discretion, may refer a proposed matter of state interest to the Planning Commission for review and recommendation. The Board of County Commissioners shall decide, in its sole discretion, whether or not to designate any or all of the requested matters of state interest.

1.202.   Public Hearing Required

The Board of County Commissioners shall hold a public hearing before designating any matter of state interest and adopting regulations for the administration thereof. Said hearing shall be held not less than thirty (30) days nor more than sixty (60) days after the giving of public notice of said hearing.

1.203.   Notice of Public Hearing, Mailing List, Publication

(1)

The Development Services Department shall prepare a notice of the designation hearing which shall include:

(a)

The time and place of the hearing;

(b)

The place at which materials relating to the matter to be designated and any guidelines and regulations for the administration thereof may be examined;

(c)

A description of the area or activity proposed to be designated in sufficient detail to provide reasonable notice as to property which would be included.

(2)

The Development Services Department shall maintain a mailing list of those persons requesting they be placed on the list and paying to the Department an annual fee of twenty dollars ($20) to cover the costs of production, handling and mailing of notices of all hearings pursuant to Sections 24-65.1-404(2)(b) and 24-65.1-501(2)(c), C.R.S. In order to have a name and address retained on the list, the person shall resubmit their name and address and pay said annual fee before January 31 of each year.

(3)

At least thirty (30) days but no more than sixty (60) days before the public hearing, the Development Services Department shall publish the notice in a newspaper of general circulation in the County and shall mail the notice by first class mail to each of the following:

(a)

Persons on the mailing list (subsequent to the initial adoption of guidelines and regulations);

(b)

In the discretion of the Development Services Department, any person considered likely to be affected by the proposed designation; and

(c)

If any other local governmental jurisdiction would be directly or indirectly affected, the proposed designation similarly may be mailed to such government in the sole discretion of the Development Services Director.

1.204.   Record of Designation Proceeding

The Development Services Department shall collect and preserve the following record of the public hearing:

(1)

A copy of the notice of the hearing;

(2)

The certificate of publication of the notice of the hearing and a listing of all persons to whom the notice was mailed;

(3)

The names and addresses of persons who presented written or oral statements or offered documentary evidence;

(4)

Any written statements or documents presented in support of or in opposition to the proposed designation of the matter of state interest;

(5)

Any recording or transcript of the hearing as provided in Section 1.202;

(6)

The written order of designation of the area and/or activity of state interest; and

(7)

A map or maps depicting each area of state interest designated.

1.205.   Adoption of Designation and Regulations

(1)

At the conclusion of the hearing, or within thirty (30) days thereafter, the Board of County Commissioners may adopt, adopt with modification, or reject the proposed designation which was the subject of public hearing.

(2)

In making any such designation, the Board shall take into consideration:

(a)

All testimony, evidence and documents taken and admitted at the public hearing, including that presented by County staff;

(b)

The intensity of current and foreseeable development pressures in El Paso County;

(c)

The matters and considerations set forth in any applicable guidelines or model regulations issued by state agencies; and

(d)

Reasons why the particular area or activity is of state 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.

(3)

In the event the Board of County Commissioners finally determines that any matter is a matter of state interest, it shall be the Board's duty, acting by resolution, to designate such matter by order and adopt regulations for the administration thereof.

(4)

Each designation order (sample form attached as Exhibit A) adopted by the Board of County Commissioners shall:

(a)

Specify the boundaries of the designated area of state interest or the boundary of the area in which an activity of state interest has been designated;

(b)

State reasons why the particular area or activity is of state 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;

(c)

Specify the regulations applicable to the designated matter of state interest.

1.206.   Recording of Notice of Designation

The order of designation shall be certified by the Board of County Commissioners to the County Clerk and Recorder for filing in the same manner as any document affecting real property.