HomeMy WebLinkAbout1990 JUNIOR HIGH SCHOOL - SITE PLAN ADVISORY REVIEW - 20-87A - CORRESPONDENCE - LEGAL COMMUNICATION0
CITY OF FORT COLLINS
M E M O R A N D U M
TO: James M. Davis, Director Development Se ces
FROM: W. Paul Eckman, Assistant City Attorney
T
DATE: October 23, 1987
RE: Location and Construction of Public Schools
You have inquired of me as to the legal rights and obliga-
tions of the School District with respect to its decisions
regarding the location and construction of public schools.
School districts are afforded considerable latitude by the Colo-
rado Revised Statutes in the selection of locations, and in the
construction of school buildings. Two statutes come particularly
to mind, those being Section 22-32-124(1), C.R.S. and Section
31,-23-209, C.R.S.
According to the rules of statutory construction, if there
are two statutes dealing with the same subject matter, and one
statute is general while the other is specific, as far as is
possible, the statutes are to be interpreted in such a manner as
to give effect to both. In the event there is an irreconcilable
conflict, the specific statute controls over the general one.
Section 22-32-124, C.R.S. is a specific statute dealing with
the construction and location of public schools, while Section
31-23-209, C.R.S. is a general statute dealing with the location
of public buildings and how a school board might overrule a dis-
approval by a planning commission. (The planning commission has
been established in Fort Collins as the Planning and zoning
Board,)
Section 31-23-209, C.R.S. provides that no public building
shall. be constructed or authorized in a city until the location,
character and extent thereof has been submitted for approval by
a planning commission. In the case of a school district, the
planning commission's disapproval may be overruled by two-thirds
vote of the membership of the school board.
Section 22-32-124(1), C.R.S. requires that, prior to the
acquisition of land or any contracting for the purchase of land,
300 Laporte Av. a P.O. Box 580 a Fort Collins, Colorado 80522 9 (303) 221-6515
9
James M. Davis
October 22, 1987
Page 2
the school board shall consult with and advise in writing the
planning commission, in order that the proposed site shall con-
form to the adopted plan of a city insofar as is feasible. Pre-
sumably, the purpose of the aforesaid provision is to help to
insure that a school district does:not purchase property which
would be infeasible for development for school purposes.
Prior to construction of any structure or building, a school
board must submit a site development plan for review and comment
by the planning commission. The planning commission may request
a public hearing before the school board relating to the proposed
site location or site development plan.
Finally, the statute further provides that:
Nothing in this subsection (1) shall be construed to
limit the authority of a board of education to -
finally determine the location of public schools
within the district and erect necessary buildings
and structures.
In reading the two statutes together, with a view toward
reconciliation of their provisions so that both statutes may be
given effect, it is my opinion that the Planning and Zoning Board
is. afforded an opportunity to review and comment upon the site
development plan prior to construction of any structure thereon.
Since there is no ultimate limitation on the authority of the
Board of Education to finally determine the location and con-
struction of school buildings, I believe that the "final determi-
nation" of the School Board may be made, in accordance with Sec-
tion 31-23-209, C.R.S. by a two-thirds vote of the board member-
ship if the Planning and Zoning Board should, after its review of
the site development plan, determine to disapprove the construc-
tion of the school building.
In summary, if the School Board is determined to construct a
school at a particular location, there is little that the City
can do to prohibit such construction; but the City is entitled to
review and comment upon the proposal, it is entitled to a public
hearing thereon, and, in the event that it should disapprove the
construction, the School Board must overrule the Planning and
Zoning Board by a vote of not less than two-thirds of its member-
ship.
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