Article 4. Permit Hearing  

2.401.   Notice of Permit Hearing

After receipt of a completed application for a Permit, the Development Services Director shall set and publish notice(s) of the date, time and place for hearing(s) on said application and any required separate hearing on any requested waiver of submission requirements. The notice of the public hearing shall be published once in a newspaper of general circulation in El Paso County, not less than thirty (30) nor more than sixty (60) days before the date set for hearing and shall also be given to other persons and entities in the same manner as set forth for the notice of a designation hearing in Section 1.203. On or before fifteen (15) days prior to the hearing, the applicant shall send a copy of the notice by U.S. Mail, first class postage prepaid, to all property owners adjacent to the real property to be occupied by the Project. The applicant shall also provide to the Director a list of such addressees accompanied by a certification that the notice was mailed to them.

2.402.   Conduct of Permit Hearing

(1)

The Permit Authority shall conduct the public hearing pursuant to the Board of County Commissioners General Hearing Rules in a manner affording procedural and substantive due process to the applicant, the general public, supporters of the project and any person who opposes issuance of the Permit.

(2)

The Permit Authority shall hear testimony and receive evidence, including:

(a)

The recommendations of the El Paso County Planning Commission, if any;

(b)

Relevant testimony and evidence from any and all persons or organizations desiring to appear and be heard, including County staff; and

(c)

Any relevant documents that may be offered into evidence.

(3)

The Development Services Department shall collect and arrange for preservation the following record of the public hearing:

(a)

The Permit application;

(b)

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

(c)

Any written statements or documents presented in support of or in opposition to the Permit application;

(d)

The names and addresses of all persons who presented oral or written statements, appeared as witnesses, or offered documentary evidence;

(e)

Written minutes of the Permit Authority relating to the public hearing;

(f)

The resolution of the Permit Authority granting or denying the permit application; and

(g)

A copy of the Permit, if issued.

(4)

In cases in which the development or activity must also obtain approvals under other County regulations, the Permit hearing required by these Regulations may be held at the same time as the final hearing required for such applications.

2.403.   Action by the Permit Authority

(1)

If the Permit Authority finds that there is not sufficient information concerning any material feature of a proposed development or activity, it may deny the application or it may continue the hearing until the additional information has been received; however, no such continuance may exceed forty-five (45) days after such receipt unless agreed to by the applicant.

(2)

The Permit Authority shall approve an application for a Permit to engage in development in an area of state interest or for the conduct of an activity of state interest if the proposed Project or activity complies with all of the provisions of these Regulations governing such area or activity. The Permit Authority may attach reasonable conditions to its approval to ensure compliance with these Regulations. If the proposed Project does not comply with these Regulations governing the area or activity, the Permit shall be denied or may be approved with conditions.

(3)

The burden of proof shall be upon the applicant to show compliance with the provisions of these Regulations governing the area or activity of state interest involved.

(4)

The Permit Authority shall state, in writing, reasons for its decision on a Permit application, and its findings and conclusions.

(5)

The Permit Authority shall reach a decision on a Permit application within sixty (60) days after the completion of the Permit hearing, or the Permit shall be deemed approved.

2.404.   Combined Designation and Permit Hearing

If a person proposes to engage in a development in an area of state interest or to conduct an activity of state interest not previously designated, or for which regulations have not been adopted, and has submitted a land use application, in lieu of processing such application, the Permit Authority may decide to hold one hearing for determination of designation and regulation, as well as for granting or denying the permit. No permit that is granted at the conclusion of any such hearing shall be authority to engage in development or to conduct an activity until the designation and regulations are finally determined.

2.405.   Review Criteria for All Applications

In addition to the review criteria listed at Sections 3.202, 4.202, 5.202, 6.202, 7.202, 8.202, and 9.202 all applications under these Regulations shall be evaluated against the following general criteria. Following some, but not all of the criteria listed in the above Sections and below are lists of considerations. These considerations are not criteria that the Project must satisfy; they serve solely as guidance. Where such terms as "reasonable," "feasible" and "adequate" are used in the foregoing criteria, the Development Services Director and/or the Permit Authority shall determine in each case what is or is not reasonable, feasible or adequate.

(1)

The health, welfare and safety of the citizens of this County will be protected and served.

(2)

The proposed activity is in general conformance with the El Paso County Master Plan, Water Quality Management Plan, NPDES Phase II Permit, or other duly adopted plans of El Paso County. The determination of conformance of the Project with these plans may include but is not limited to the following considerations:

(a)

Likelihood that the Project will/will not cause or contribute to urban sprawl or "leapfrog" development.

(b)

Significant changes in the amount of impervious surfaces.

(c)

Contiguity of development associated with the Project to existing growth centers.

(d)

Changes to unique land forms.

(e)

Changes in the amount or character of open space.

(f)

Changes to traffic patterns, road capacity and congestion.

(3)

The Project is financially feasible. The determination of financial feasibility of the Project may include but is not limited to the following considerations:

(a)

The business plan submitted by the applicant.

(b)

Relevant bond issue, loan and other financing approval or certifications (ex: approved bond issue; bond counsel opinion).

(4)

The Project is not subject to significant risk from natural hazards. The determination of risk from natural hazards to the Project may include but is not limited to the following considerations:

(a)

Faults and fissures.

(b)

Unstable slopes including landslides, rock slides and avalanche areas.

(c)

Expansive or evaporative soils and risk of subsidence.

(d)

Wildfire hazard areas.

(e)

Floodplains.

(5)

The Project will not have a significant adverse effect on the capability of local governments affected by the Project to provide local infrastructure and services, or exceed the capacity of service delivery systems. The determination of the effects of the Project on local government services may include but is not limited to the following considerations:

(a)

Current and projected capacity of roads, schools, infrastructure, drainage and/or stormwater infrastructure, housing, and other services necessary to accommodate development, and the impact of the Project upon the current and projected capacity.

(b)

Changes caused by the Project in the cost of providing education, transportation networks, water treatment and wastewater treatment, stormwater drainage, channel stabilization, bridges, emergency services, or other governmental services or facilities.

(c)

Need for temporary roads to access the Project for construction and maintenance.

(d)

Change in demand for public transportation.

(6)

The Project will not have a significant adverse effect on the quality or quantity of recreational opportunities and experience. The determination of effects of the Project on recreational opportunities and experience may include but is not limited to the following considerations:

(a)

Changes to existing and projected visitor days.

(b)

Changes in quality and quantity of fisheries.

(c)

Changes in instream flows or reservoir levels.

(d)

Changes in access to recreational resources.

(e)

Changes to quality and quantity of hiking, biking, or horseback riding trails.

(f)

Changes to hunting experiences.

(g)

Changes to open space.

(h)

Changes to existing conservation easements.

(i)

Changes to regional or neighborhood parks.

(7)

The Project will not significantly degrade air quality. The determination of effects of the Project on air quality may include but is not limited to the following considerations:

(a)

Changes in visibility and microclimates.

(b)

Applicable air quality standards.

(8)

The Project will not significantly degrade existing visual quality. The determination of visual effects of the Project may include but is not limited to the following considerations:

(a)

Visual changes to ground cover and vegetation, waterfalls and streams, or other natural features.

(b)

Interference with viewsheds and scenic vistas.

(c)

Changes in landscape character types of unique land formations.

(d)

Compatibility of structure size and color with scenic vistas and view sheds.

(e)

Changes to open space.

(f)

Changes to existing conservation easements.

(g)

Changes to impacts to regional or neighborhood parks.

(9)

The project will not significantly degrade surface water quality. The determination of effects of the Project on surface water quality may include but is not limited to the following considerations:

(a)

Changes to existing water quality, including patterns of water circulation, temperature, conditions of the substrate, extent and persistence of suspended particulates and clarity, odor, color or taste of water.

(b)

Applicable narrative and numeric water quality standards.

(c)

Changes in point and nonpoint source pollution loads.

(d)

Increase in erosion.

(e)

Changes in sediment loading to waterbodies.

(f)

Changes in stream channel or shoreline stability.

(g)

Changes in stormwater runoff flows.

(h)

Changes in trophic status or in eutrophication rates in lakes and reservoirs.

(i)

Changes in the capacity or functioning of streams, lakes or reservoirs.

(j)

Changes to the topography, natural drainage patterns, soil morphology and productivity, soil erosion potential, and floodplains.

(k)

Changes to stream sedimentation, geomorphology, and channel stability.

(l)

Changes to lake and reservoir bank stability and sedimentation, and safety of existing reservoirs.

(10)

The Project will not significantly degrade groundwater quality. The determination of effects of the Project on groundwater quality may include but is not limited to the following considerations:

(a)

Changes in aquifer recharge rates, groundwater levels and aquifer capacity including seepage losses through aquifer boundaries and at aquifer-stream interfaces.

(b)

Changes in capacity and function of wells within the impact area.

(c)

Changes in quality of well water within the impact area.

(11)

The Project will not significantly degrade wetlands and riparian areas, terrestrial or aquatic plant or animal life. The determination of effects of the Project on these areas shall include the considerations raised in the applicable federal and/or state Permits.

(12)

The Project will not significantly deteriorate soils and geologic conditions. The determination of effects of the Project on soils and geologic conditions may include but is not limited to the following considerations:

(a)

Loss of topsoil due to wind or water forces

(b)

Changes in soil erodibility

(c)

Physical or chemical soil deterioration

(d)

Terrain deformation/mass wasting/subsidence

(e)

Compacting, sealing and crusting

(f)

Waterlogging

(g)

Soil morphology and productivity

(13)

The Project will not cause a nuisance. The determination of nuisance effects of the Project may include but is not limited to the following considerations: increase in odors, dust, fumes, glare, heat, noise, vibration or artificial light.

(14)

The Project will not result in unreasonable risk of releases of hazardous materials. The determination of the risk of release of hazardous materials caused by Project may include but is not limited to the following considerations:

(a)

Plans for compliance with federal and state handling, storage, disposal, and transportation requirements.

(b)

Use of waste minimization techniques.

(c)

Adequacy of spill prevention and response plans.

(15)

Urban development, population densities, and site layout and design of storm water and sanitation systems shall be accomplished in a manner that will prevent the pollution of aquifer recharge areas. The determination of potential for pollution of the aquifer recharge areas by the Project may include but is not limited to the following considerations:

(a)

Proximity of urban development and population densities to aquifer recharge areas.

(b)

Proximity of stormwater and sanitation systems to aquifer recharge areas.

(c)

Changes in water quality in the aquifer recharge areas.

(16)

The Project shall be reasonably necessary to meet projected community development and population demands in the areas to be served by the Project, or to comply with regulatory or technological requirements. The determination of whether the Project is reasonably necessary may include but is not limited to the following considerations:

(a)

Relationship to reasonable growth projections and local land use plans.

(b)

Relationship to other providers' service areas.

(c)

Whether the Project is not in compliance with regulatory or technological requirements or will not be in compliance in the near future.