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HomeMy WebLinkAboutR80-34 Guidelines and Regulations for 1041RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 80 - 4 A RESOLUTION READOPTING AND AMENDING THE "GUIDELINES AND REGULATIONS FOR AREAS AND ACTIVITIES OF STATE INTEREST OF THE COUNTY OF EAGLE, STATE OF COLORADO", RESOLUTION NO. 80 -25. WHEREAS, the Board of County Commissioners, County of Eagle, Colorado, hereinafter referred to as the "Board ", 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; and WHEREAS, the Board is authorized pursuant to Article 65.1, Title 24, of the Colorado Revised Statutes, 1973, as amended, to adopt regulations and guidelines to be used in connection with such designated matters of State in- terest; to establish and designate a Local Permit Authority to receive applications for development in or conduct matters of State interest and to exercise other powers in connection therewith; and WHEREAS, the Board did hold a public hearing on March 25, 1980, and after notice was duly given as prescribed by law, to consider designation and regulation of the following activities of State interest: a. Site selection and construction of major new domestic water and sewage treatment systems; b. Major extensions of existing domestic water and sewage treatment systems; and c. Efficient utilization of municipal and industrial water projects; and WHEREAS, said public hearing was continued on April 14, 1980, at which time the Board designated the above - referenced activities as activities of State interest; adopted regulations and guidelines to be used in connection with matters of State interest; established 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; adopted 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 provided for a reasonable fee for the cost of processing a permit application and hearings in connection therewith; and WHEREAS, the Board finds that the designations and regulations made and adopted as described supra were made and adopted in order 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 recreations 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 re- sources; to protect the beauty of the landscape, to promote the efficient and economical use of public resources, and to promote the health , welfare and safety of the people of the County; and WHEREAS, the Board submitted its order and relevant materials to the Colorado Land Use Commission pursuant to Section 24- 65.1 -101 et seg. C.R.S. 1973, as amended, and the rules and regulations of the Land Use Commission; and WHEREAS, the Colorado Land Use Commission at it's regular meeting of May 23, 1980, reviewed the "Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle,State of Colorado" and recommended two technical changes to said regulations and guidelines; and WHEREAS, in order to achieve the goals and fulfill the responsibilities stated supra, the Board finds that it is necessary and in the public interest to amend and readopt the "Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado" to reflect the tech- nical changes as recommended by the Colorado Land Use Commission. NOW, THEREFORE, be it resolved by the Board of County Commissioners, County of Eagle, State of Colorado: THAT, the "Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado" is hereby amended as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. THAT, the entirety of the "Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado ", as herein amended, are hereby readopted. THAT, this amendment and readoption of Eagle County Resolution No. 80 -25 designating certain activities as being of State Interest shall not constitute or be construed as a waiver of any violations existing at the time of adoption of this Resolution. THAT, should any section, clause, provision, sentence or word of this Resolution, including the attached exhibit, be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Resolution as a whole, or any parts thereof, other than the part so declared to be invalid. For this purpose, this Resolution is declared to be severable. THAT, this Resolution is necessary for the health, welfare and safety of the citizens of Eagle, County. MOVED, READ AND UNANIMOUSLY adopted by the Board of County Commissioners, County of le, State of Colorado, at its regular meeting held this day of 1980. ATTEST: Byity v^ Cl the Board of Co ommission ers COUNTY OF EAGLE, STATE OF COLORADO By and through its BOARD OF COUNTY COMMISSIONERS By: Dale F. Grant,' hairman Keith Troxel, Comm'ssioner Dan lilliams /Commissioner EXHIBIT "A" TO RESOLUTION NO. 80- (Amendments to the "Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado ", Resolution No. 80 -25.) I. Chapter I entitled "Administrative Regulations ", is hereby amended with the addition of Section 1 -111 within Article I entitled "Introductory and General Provisions" to read as follows: 1 -111. Identification, Plaster Plan and Planning Commission Procedures. (1) Identification of Matters of State Interest -- Technical Step. The technical step in the identification of any matter of State interest shall be made by report and must be completed for the appropriate matter of State interest before the identification is adopted. (2) Adoption of Identification -- Inclusion in plaster Plan. After completion of the technical step, identification by the Eagle County Plan- ning Commission is completed when adopted as part of the Eagle County Master Plan or is completed by the Board of County Commissioners of Eagle County when a designation or regulation based thereon is adopted. (3) Adoption of Identification by the Planning Commission -- Procedures to be Followed. (a) Adoption of identification shall be accomplished under the same procedures followed for adoption of the master plan as well as the following additional procedures: (b) The "careful and comprehensive studies and surveys" upon which the master plan must be based pursuant to Section 30 -28 -107 C.R.S. 1973, as amended, shall include the technical step as described in Section 1 -111 (1) hereinabove. (c) At least thirty (30) days before adoption of official identification as part of the master plan, a summary of the proposed official identification shall be submitted to the Division of Planning, Department of Local Affairs, for review and advisory recommendations. If any other local governmental jurisdiction would be directly or indirectly affected, the proposed identification shall, in addition, be submitted to such government and to the Regional Planning Commission and /or Council of Governments. (d) The Planning Commission's adoption of the identification as part of the Master Plan shall be made by resolution. Before adoption, the Planning Commission shall hold at least one public hearing thereon, with notice of the hearing given by publication in a newspaper of general circulation in the county, and with the notice of the hearing being given to all members of the news media in the county as determined to be appropriate by the county. Adoption shall refer to any maps and descriptive matter intended to be a part of the identification. The action taken shall be recorded on any such map or descriptive matter by the signature of the Chairman or Secretary of the Eagle County Planning Commission. (e) Once the identification is adopted, as part of the Eagle County Piaster Plan, the Eagle County Planning Commission shall certify a copy of the identification to the Board of County Commissioners of Eagle County and shall send a copy or summary of the identification to the Division of Planning, Department of Local Affairs. II. Chapter 3 entitled "Site Selection and Construction of Major New Domestic Mater and Sewage Treatment Systems ", Article I,Section 3- 103(5) is hereby amended to read as follows: (5) "Collector system" means a network of pipes and conduits through which sewage flows to a sewage treatment plant.