Section 8-303 Procedure
Designation of a matter of local and state interest shall require the Town to meet the following procedural requirements.
8-303.A. Public Hearing. The Town Council shall hold a public hearing before designating any matter of local or state interest and adopting regulations for the administration thereof. The hearing shall be held not less than thirty (30) nor more than sixty (60) days after the Council’s receipt of the petition described in Section 8-301 D. In the event that the State of Colorado submits a formal request to take action, such public hearing for designation shall be held within ninety (90) days after receipt of such request.
8-303.B. Hearing Notice. The Planning Director shall prepare a notice of the designation hearing which shall contain that information required in Section 5-204.C. of this Title and include 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. The notice should include, when practicable, both the legal description of the property as well as any general or popular names of the property.
8-303.B.1. The notice shall be published in a newspaper of general circulation in the Town at least thirty (30) days but not more than sixty (60) days before the date of the public hearing.
8-303.B.2. The notice shall be mailed to:
a. All persons who would receive notice if the designation were an amendment of the Official Zone District Map, pursuant to Article 6, Division 5 of this Title;
b. Persons on a mailing list to be maintained by the Planning Director. The mailing list shall contain the names of those persons requesting that their names and addresses be placed on the list and paying an annual fee. In order to have his name and address retained on the mailing list, the person shall resubmit his name and address and pay such fee before January 31st of each year.
c. In the discretion of the Planning Director, members of the news media and any other person considered to be likely to be affected by the proposed designation;
d. Any other local governmental jurisdiction which would be directly or indirectly affected; and
e. State and federal agencies, as deemed appropriate in the discretion of the Planning Director.
8-303.C. Evidence at Public Hearing. At the public hearing, the Town Council shall consider such evidence as may be appropriate including, as a minimum:
8-303.C.1. The intensity of current and foreseeable development pressures in the matter proposed for designation;
8-303.C.2. The matters and considerations set forth in any applicable guidelines for identification and designation;
8-303.C.3. The boundaries of the proposed area;
8-303.C.4. Reasons why the particular area or activity is of local or 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 activity in a coordinated manner;
8-303.C.5. Any master or comprehensive plan pertaining to or affected by the area or activity under consideration;
8-303.C.6. The recommendations of the Planning and Zoning Commission; and
8-303.C.7. Other relevant testimony and documents presented.
8-303.D. Record of Hearing.
8-303.D.1. The Town Clerk will collect and preserve the following record of the public hearing, as a minimum:
a. Notice of the hearing;
b. Certificate of publication of the notice;
c. Names and addresses of persons who presented written or oral statements;
d. Evidence of the identification of the matter of local or state interest proposed to be designated; and
e. Written findings concerning each of the matters referred to in Section 8-303.C.
8-303.D.2. Any person may, at his own expense, provide for the recording of the hearing and transcription thereof; provided, however, that a copy of the recording or transcript thereof, if transcribed, shall be furnished free of charge to the Town Clerk and shall become part of the record.
8-303.E. Adoption Of Designation.
8-303.E.1. At the conclusion of the hearing described in this Section 8-303, the Town Council may adopt, adopt with modification or reject the proposed designation which was the subject of the public hearing. If designation and regulation under C.R.S. 24-65.1-101 et seq., as amended, is rejected, the Council may regulate the matter under any other available land use control authority or it may reject regulation of the matter entirely.
8-303.E.2. Such action shall be taken by order and shall at a minimum:
a. Specify the boundaries of the designated area of local or state interest or the boundary of the area in which an activity of local or state interest has been designated;
b. State reasons why the particular area or activity is of local or 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; and
c. Specify the regulations applicable to the designated matter of local or state interest.
8-303.E.3. In the event that the Town Council “finally determines” that any matter is a matter of local or state interest, or if the Council is acting pursuant to court order, it shall be the Council’s duty to designate such matter and adopt regulations for the administration thereof.
8-303.F. Actions Following Designation.
8-303.F.1. A notice of the designation shall be certified by the Town Council to the County Clerk and Recorder for filing in the same manner as any document affecting real property.
8-303.F.2. After a matter of local or state interest is designated pursuant to this Division, 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 pursuant to C.R.S. 24-65.1-404(4) or 29-20-101 et seq., as amended.