The proposed zoning law (General Standards of Approval) duplicates much of the approval criteria contained in state statute. Such duplication would appear to be unnecessary and needlessly expensive to maintain.
In addition, the thrust of CRS 32-1-203 appears to contemplate a service plan decision made at a public hearing by a BOCC where opposed views can be openly discussed.
The proposed zoning law seems to remove the evaluation of new special districts to off-line Review Committees who do not operate in public hearings and whose findings cannot be challenged in public by petitioners.
32-1-203. Action on service plan – criteria
(1) The board of county commissioners of each county which has territory included within the proposed special district, other than a proposed special district which is contained entirely within the boundaries of a municipality, shall constitute the approving authority under this part 2 and shall review any service plan filed by the petitioners of any proposed special district.
(4) The findings of the board of county commissioners shall be based solely upon the service plan and evidence presented at the hearing by the petitioners, planning commission, and any interested party.
PROPOSED SPECIAL DISTRICT REGULATIONS
6. Pre-Application Review. Referral agencies shall include any service district within three miles of the proposed Special District. The consultants and referral agencies will have 21 days to respond with comments to CDS in writing. A Referral Agency may request an additional ten [10 ] days if needed. Comments that require a written response from the Applicant will be forwarded when received. Such written responses shall be submitted to CDS and forwarded to the referral party for verification
a. Community & Development Services shall:
· Review for general completeness of information,
· Distribute referral copies to Review Committee members and other referral entities for comments,
· Review the Special District proposal for County impact and
· Coordinate referral comments to Applicant.
b. The Pre-Application Service District Plan shall be reviewed by the Elbert County Review Committee as follows:
· Community & Development Services
· Finance professional
· Engineering
· Legal
· Elbert County Water Advisory Committee & Water consultant as required
· Other professionals and Referral agencies as may be deemed necessary.
c. Review Committee professionals shall be expected to review the information relative to their professional expertise and respond in writing to CDS about:
· Completeness of information,
· Validity of assumptions,
· Being factually correct,
· Identifying risks to Health, Safety, & Welfare of Elbert County and
· Professional experience / opinion related to project feasibility for the greater good of Elbert County citizens.