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HomeMy WebLinkAboutLARIMER COUNTY DETENTION CENTER, FACILITY EXPANSION - SITE PLAN ADVISORY REVIEW - 8-98 - REPORTS -it - Municipal 740 ' 741 Planning and Zoning 31-23-211 master plan progresses, the commission may on the map and plan and descriptive matter by the identifying signature of the chairman in thereof. Any such part shall cover one or or secretary of the commission. An attested copy of the plan or part thereof shall be tunicipality or one or more of the foregoing certified to each governmental body of the territory affected and, after the approval by i in the plan. The commission may amend, each body, shall be filed with the county clerk and recorder of each county wherein the territory is located. advisory only. Source: L. 75: Entire title R & RE, p. 1148, § 1, effective July 1. 7, § 1, effective July 1. L. 79: (1)(d) amended, Sections 31-23-206 through 31-23-208 do not ular area. Coates v. City of Cripple Creek, 865 L. 97: (3) added, p. 414, § 2, effective April epQl tto rezoning or to s zoning change to a psrtic- P.2d 924 (Colo App 1993) Standing of owner of property outside territory of authority to challenge rezoning. An owner of property adjacent to property being rezoned but not within the territory of the zoning authority has standing to challenge the rezoning. Board of County Comm'rs v. City of Thornton, 629 P.2d 605 (Colo. 1981). Sections 31-23-206 through 31-23-208 do not apply to rezoning or to a zoning change to a parde. ular area. Coates v. City of Cripple Creek, 865 P.2d 924 (Colo. App. 1993). Applied in Margolis v. District Court, 638 P.2d 297 (Colo. 1981). paration of such plan, the commission shall ind studies of present conditions and future I to its relation to neighboring territory. The of guiding and accomplishing a coordinated, the municipality and its environs which will, s, best promote health, safety, order, conven- ell as efficiency and economy in the process ings, adequate provision for traffic, the pro- d other dangers, adequate provision for light e housing, the promotion of good civic design iblic funds, the promotion of energy conserva- ilities and other public requirements. 17, § 1, effective July 1. L. 79: Entire section 1, 1980. L. 97: Entire section amended, p. Sections 31-23-206 through 31-23-208 do not apply to rezoning or to a zoning change to a partic- ular area. Coates v. City of Cripple Creek, 865 P.2d 924 (Colo. App. 1993). Applied in Margolis v. District Court, 638 P.2d 297 (Colo. 1981). commission may adopt the plan as a whole esolutions adopt successive parts of the plan hical sections or divisions of the municipality ect matter of the plan) and may adopt any in thereto. Before the adoption of the plan addition, the commission shall hold at least ne and place of which shall be given by one ation in the municipality and in the official ion of the plan, any part, amendment, exten- the commission carried by the affirmative membership of the commission. The resolu- escriptive and other matter intended by the plan, and the action taken shall be recorded 31-23-209. Legal status of official plan. When the commission has adopted the master plan of the municipality or of one or more major sections or districts thereof, no street, square, park or other public way, ground or open space, public building or structure, or publicly or privately owned public utility shall be constructed or authorized in the extent thereof has been s In case of disapproval, the commission shall communicate its reasons to the municipality's governing body, which has the power to overrule such disapproval by a recorded vote of not less than two-thirds of its entire membership. If the public way, ground space, building, structure, or utility is one the authorization or financing of which does not, under the law or charter provisions governing the same, fall within the province of the municipal governing body, the submission to the commission shall be by the governmental body having jurisdiction, and the planning commission's disapproval may be overruled by said governmental body by a vote of not less than two-thirds of its membership. The failure of the commission to act within sixty days from and after the date of official submission to it shall be deemed approval. Source: L. 75: Entire title R & RE, p. 1148, § 1, effective July 1. City in advisory role. There is nothing in § 31-23.206 and this section which indicates a legislative intent to broaden a city's authority. They place ultimate governmental authority in matters pertaining to land use in unincorporated areas in the county. In effect, a city is given only an advisory role. Robinson v. City of Boulder, 190 Colo. 357, 547 P.2d 228 (1976). Amendment to plan not subject to referendum powers. Being advisory only, an amendment to a municipal master plan is not legislation which is subject to the referendum powers reserved to the people. Margolis v. District Court, 638 P.2d 297 (Colo. 1981). 31-23-210. Publicity - travel - information - entry. The commission has power to pro- mote public interest in and understanding of the plan and to that end may publish and distribute copies of the plan or any report and may employ such other means of publicity and education as it may determine. Members of the commission may attend city planning conferences, meetings of city planning institutes, or hearings upon pending municipal planning legislation, and the commission may pay, by resolution, the reasonable traveling expenses incident to such attendance. The commission shall recommend, from time to time, to the appropriate public officials programs for public structures and improvements and for the financing thereof. It shall be part of its duties to consult and advise with public officials and agencies, public utility companies, civic, educational, professional, and other organizations, and with citizens in relation to protecting and carrying out the Plan. The commission has the right to accept and use gifts for the exercise of its functions. All public officials shall furnish to the commission, upon request, within a reasonable length of time, such available information as the commission may require for its work. The commission and its members, officers, and employees, in the performance of their functions, may enter upon any land and make examinations and surveys and place and maintain necessary marks and monuments thereon. In general, the commission has such Powers as are necessary to enable it to fulfill its functions, to promote municipal planning, or to carry out the purposes of this part 2. Source: L. 75: Entire title R & RE, p. 1148, § 1, effective July 1. 31-23-211. Zoning. Where a commission is established in accordance with the provi- sions of this part 2, it has and shall exercise all of the powers and rights granted to