Loading...
HomeMy WebLinkAboutR80-25 Regulations and Guideliens for 10412 STATE OF COLORADO ss. C2 COUNTY OF EAGLE At a regular meeting of the Board of County Commissioners, County of Eagle, State of Colorado, held at the Board of County Commissioners' room, McDonald Building, 550 Broadway, Eagle, Colorado, on 1�4jL day of , Q 1q� there were present: -[/ 3�81 — Chairman, Commissioner Commissioner �1 —lam vt%� Commissioner County Attorney c Administrative Assistant Clerk of the Board of County Commissioners when the following proceedings, among others were had and done, to wit: RESOLUTION NO. 80 - as A RESOLUTION AND ORDER DESIGNATING CERTAIN ACTIVITIES AS BEING OF STATE INTEREST: ADOPTING REGULATIONS AND GUIDELINES TO BE USED IN CONNECTION WITH MATTERS OF STATE INTEREST; ESTABLISHING THE BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY AS THE EAGLE COUNTY PERMIT AUTHORITY TO RECEIVE APPLICATIONS FOR DEVELOPMENT IN AN AREA OF STATE INTEREST OR FOR CONDUCT OF AN ACTIVITY OF STATE INTEREST AND TO EXERCISE OTHER POWERS GRANTED IT IN CONNECTION THEREWITH; ADOPTING CERTAIN FORMS TO BE USED IN DESIGNATING MATTERS OF STATE INTEREST AND A PERMIT APPLICATION AND PERMIT FORM FOR DEVELOPMENT IN OR CONDUCT OF A MATTER OF STATE INTEREST; AND PROVIDING FOR A REASONABLE FEE FOR THE COST OF PROCESSING A PERMIT APPLICATION AND HEARINGS IN CONNECTION THEREWITH. WHEREAS, the Board of County Commissioners, County of Eagle, State of Colorado, is authorized pursuant to Article 65.1, Title 24 of the Colorado Revised Statutes, 1973, as amended, to establish and designate certain areas and activities of State interest; z 1. That the present and foreseeable intensity of growth and development of the County and resulting demands on its resources make new and innovative measures, including the adoption of the appended Guidelines and Regulations, necessary to encourage planned and orderly land use development; to prevent the waste of unplanned development; to provide for and protect the needs of agriculture, forestry, industry, business, residential communities, and re- creation in future growth; to encourage uses of land and other natural resources which are in accordance with their character and adaptability; to conserve soil, water and forest resources; to protect the beauty of the landscape and to promote the efficient and economical use of public resources. 2. That the adoption of "Administrative Regulations" comprising Chapter 1 of the proposed "Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado," in addition to the purposes and findings expressed in such "Administrative Regulations," are neces- sary to achieve the above objectives and promote the health, welfare and safety of the people of this County and for the protection of the environment of the County. 3. That the establishment of an Eagle County Permit Authority and the adoption of Chapter 2 of the proposed "Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado," in addition to the purposes and findings expressed in such Chapter 2, are neces- sary to achieve the objectives set forth above and to promote the health, welfare and safety of the people of this County and for the protection of the environment of the County. 4. That the designation of site selection and construction of major new domestic water and sewage treatment systems as an activity of State interest and adoption of "Regulations for Site Selection and Construction of Major New Domistic Water and Sewage Systems" comprising Chapter 3 of the proposed "Guide- lines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado," in addition to the purpose and findings expressed in such "Regulations for Site Selection and Construction of Major New Domestic Water and Sewage Treatment Systems," are necessary to achieve the above objectives and to promote the health, welfare and safety of the people of this County and for the protection of the environment of the County. 5. That the designation of major extensions of existing domestic water supply and sewage treatment systems as an activity of State interest and adoption of "Regulations for Major Extensions of Existing Domestic Water and Sewage Treatment Systems" comprising Chapter 4 of the proposed "Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado," in addition to the purposes and findings expressed in such "Regulations for Major Extensions of Existing Domestic Water Supply and Sewage Treatment Systems," are necessary to achieve the above objectives and to promote the health, welfare and safety of the people of this County and for the protection of the environment of this County. 6. That the designation of efficient utilization of municipal and industrial water projects as an activity of State interest and adoption of "Regulations for the Efficient Utilization of Municipal and Industrial Water Projects" comprising Chapter 5 of the proposed "Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado," in addition to the purposes and findings expressed in such "Regulations for the Efficient Utilization of Municipal and Industrial Water Projects," are necessary to achieve the above objectives and to promote the health, welfare and safety of the people of this County and for the protection of the environment of this County. 7. That the adoption of the forms appended to this Resolution, spe- cifically "Designation of Area of State Interest," "Designation of Activity of State Interest," "Permit Application," and "Permit" will facilitate the designa- tion and administration of matters of State interest. 8. That a fee in an amount necessary to cover the costs incurred in the review and approval of the permit application, including all hearings conducted thereof, will facilitate and reasonably cover the costs incurred in the adminis- tration of matters of State interest. 9. That all requirements of law have been met, all public notices required have been given, and a public hearing has been held as required. AND WHEREAS, the Board of County Commissioners is authorized pursuant to Article 65.1, Title 24 of the Colorado Revised Statutes, 1973, as amended, to adopt guidelines and regulations for administration of areas and activities of State interest; AND WHEREAS, the Board of County Commissioners is authorized pursuant to Article 65.1, Title 24, of the Colorado Revised Statutes, 1973 as amended, to establish and designate a local Permit Authority to receive applications for development in or conduct of matters of State interest and to exercise other powers in connection therewith; AND WHEREAS, the Board of County Commissioners is authorized pursuant to Art -icle 65.1, Title 24, of the Colorado Revised Statutes, 1973, as amended, to provide for a reasonable fee for the cost of processing applications for devel- opment in or conduct of matters of State interest and the holding of hearings in connection therewith; AND WHEREAS, Public Notice of such hearing was published in The Eagle Valley Enterprise and The Vail Trail at least thirty (30) days prior to but within sixty (60) days of such hearing; AND WHEREAS, copies of the proposed Guidelines and Regulations have been made available to the public at the office of this Board of County Commissioners and the office of the Department of Community Development continuously from and including the date of first publication of notice of public hearing described in the paragraph next above; AND WHEREAS, the intensity of current and foreseeable development pressures within the County and applicable guidelines adopted and issued by the Colorado Land Use Commission were considered; AND WHEREAS, this Board has been granted general authority by the State Legislature to adopt land use regulations; AND WHEREAS, the Board having considered all of the testimony, reg- ulations, guidelines, exhibits and other evidences presented at said public hearing; DOTH FIND AS FOLLOWS: u NOW THEREFORE, BE IT RESOLVED AND ORDERED: A. That Chapter 1 of the "Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado," (said Chapter being attached hereto as "Exhibit 1 "), hereinafter to be cited as "Administrative Regulations," is adopted. B. That Chapter 2 of the "Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado," (,said Chapter being attached hereto as "Exhibit 2 "), hereinafter cited as "Permit Authority," is adopted. C. That the site selection and construction of major new domestic water and sewage treatment systems is designated as an activity of State interest and Chapter 3 of the "Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado," (said Chapter being attached hereto as "Exhibit 3 "), hereinafter cited as "Regulations for Site Selection and Construction of Major New Domestic plater and Sewage Treatment Systems," is adopted. D. That the major extensions of existing domestic water supply and sewage treatment systems are designated an activity of State interest and Chapter 4 of the "Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado," (said Chapter being attached hereto as "Exhibit 4 "), hereinafter cited as "Regulations for Major Extensions of Existing Domestic Water Supply and Sewage Treatment Systems," is adopted. E. That the efficient utilization of municipal and industrial water projects are designated an activity of State interest and Chapter 5 of the "Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado," (said Chapter being attached hereto as "Exhibit 5 "), hereinafter cited as "Regulations for the Efficient Utilization of Municipal and Industrial 4Jater Projects," is adopted. F. That all of the above Guidelines and Regulations, and all of the above designations shall apply to all unincorporated territory of the County of Eagle, State of Colorado. G. That the appended forms (attached hereto as "Exhibit 6 "), spe- cifically, "Designation of Area of State Interest," "Designation of Activity of State Interest," "Permit Application," and "Permit" are hereby adopted, as the official forms of Eagle County to be used in connection with the designation and regulation of all matters of State interest. H. That a fee in the amount necessary to cover the costs incurred in the review and approval of the permit application, including all hearings conducted thereof, shall be assessed. I. That a copy of the above specified forms, and the above adopted Regulations shall comprise Chapters 1, 2, 3, 4, 5, and the Appendix of the "Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado," to be kept in the office of the Board of County Commissioners of the County of Eagle, State of Colorado, and the office of the Department of Community Development, County of Eagle, State of Colorado, and there made available for public inspection. Upon motion duly made and sgconded, the foregoing Resolution was adopted by the following vote: Aye Aye Commissioners STATE OF COLORADO ss. COUNTY OF EAGLE ) County Clerk and ex- officio Clerk of the Board ounty Commi i ers it the County and State aforesaid do hereby certify that the annexed and foregoing Resolution and Order is truly copied from the Records of the proceedings of the Board of County Commissioners for said Eagle County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed thE' seal of said County, at Eagle, Colorado, this day of A.D. 1980. County Clerk and ex- officio Clerk of the Board of County Commissioners