HomeMy WebLinkAboutPOUDRE R1 SCHOOL DISTRICT SOUTH BUS TERMINAL ADVISORY REVIEW - 55 91 - CORRESPONDENCE - LEGAL COMMUNICATIONCitv Al.
City of Fort Collins
M E M O R A N D U M
DATE: April 12, 1991
TO: Ted Shepard, City Planner
FROM: W. Paul Eckman, Deputy City Attorney
RE: Poudre R-1 Bus Barn
On April 10, 1991, you forwarded to me an electronic message
regarding the above -referenced subject. As I understand it from
your memo, the bus barn site is already owned by the School
District and is located in the County. Therefore,, Section 22-32-
124(1), C.R.S., would not apply to the extent that it requires the
School District to present the proposed site to the Board of County
Commissioners for its approval "prior to acquisition of the land."
Nevertheless, Section 22-32-124(1) would apply to the extent that
it requires the School District to submit a site development plan
for review and comment to the Planning and Zoning Board if the land
were to be annexed into the City. In the absence of such
annexation, I would expect that Section 22-32-124(1) would be
interpreted by the County as requiring the School District to
submit the site plan to the County Planning Commission. The
statute provides that the "planning commission" may request a
public hearing before the Board of Education relating to the
proposed site development plan whereupon the Board of Education
shall promptly schedule the hearing and publish notice as required
by the statute. Finally, the statute provides that nothing in that
statute "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."
There are several other statutes that also apply if the land were
annexed into the City. Those statutes are Section 31-23-209,
C.R.S., which would require the School District to present the
"location, character and extent" of the development to the Planning
and Zoning Board for its approval. If the Planning and Zoning
Board rejected the proposal, the School Board could overrule that
objection by a two-thirds vote of its entire membership.
Also, if the land were annexed into the City, Section 31-23-301(1),
C.R.S., which authorizes cities in Colorado to zone lands within
their jurisdiction, would be applicable. That statute provides
that:
Any [zoning] ordinance shall be exempt from the
operation thereof any building or structure as to
100 LaPorte Avenue • P. O. Box 380 • Fort Collins, CO 80522-0580 • (303) 221-6520
Ted Shepard, City Planner
April 12, 1991
Page 2
which satisfactory proof is presented to the board
of adjustment [Zoning Board of Appeals] that the
present or proposed situation of such building or
structure is reasonably necessary for the
convenience or welfare of the public.
Essentially, if the School District were to annex the territory
into the City, they would be able to develop the property either in
conformance with the City's zoning requirements by processing a
planned unit development application or a traditional development
if the use is permitted in the zone. If the District wished to
circumvent the City's zoning requirements, it could do so by
exercising its rights under Section 31-23-209, Section 31-23-301(1)
and Section 22-32-124(1), C.R.S. Unless there is a corresponding
County statute that is similar to Section 31-23-209, the County
could not exercise any power under Section 31-23-209 since it
pertains only to municipal planning and zoning. Nevertheless, the
County can assert rights under Section 22-32-124. The County may
also have provisions under its own statutory authority, whereby the
School District must present the plan to the County Planning
Commission.
Accordingly, under the present situation with the land being in the
County, your first scenario of County Planning Commission and Urban
Growth Area Review Board would apply. Section 31-23-209 would not
apply, but Section 22-32-124 would. I have attached copies of both
statutes for your review. Also, unless the land is annexed into
the City, Section 31-23-301 would not apply.
Finally, it escapes me why the City would establish a neighborhood
meeting if the land is not annexed into the City. Wouldn't it be
more appropriate for the County to establish such a meeting? What
good would it do for City staff to take input on a matter which
would be ultimately decided by the County?
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or otter building beyond the territorial limits of the district except in
ante with the provisions of section 22-32-109 (1) (v).
Source: (2) amended, L. 75, p. 786, § 5; (1) amended, L. 77, p. 1050, §
(2) amcaded, L. 79, p. 783, § 3.
GOun1TY .'
22-32-124. Building codes - zoning - planning. (1) Prior tote c tsi-
tion of land or any contracting for the purchase thereof, the board of educa-
tion shall consult with and advise in writing the planning commission, or
governing body if no planning commission exists, which has jurisdiction over
the territory in which the site is proposed to be located in order that the
proposed site shall conform to the adopted plan of the community insofar
as is feasible. In addition, the board of education shall submit a site develop.
ment plan for review and comment thereon to such planning commission
or governing body prior 1p construction of any structure or building. The
planning commission or governing body may request a public hearing before
the board of education relating to the proposed site location or site develop-
ment plan. The board of education shall thereafter promptly schedule the
hearing, publish at (cast one notice in advance of the hearing, and provide
written notice of the hearing to the requesting planning commission or gov.
erning body. Prior to the acquisition of land for school building sites or con-
struction of any buildings thereon, the board of education also shall consult
with the Colorado geological survey regarding potential swelling soil, mine
subsidence, and other geologic hazards and to determine the geologic suit-
ability of the site for its proposed use. All buildings and structures shall be
erected in conformity with the standards of the division of labor. 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.
(2) (a) Notwithstanding the provisions of section 8-1-107 (2) (d), C.R.S.,
upon request of the division of I*or after consulting with the affected board
of education, the appropriate budding department of a county, town, city,
or city and county wherein a building or structure has been erected pursuant
to subsection (1) of this section may make the necessary inspections to deter-
mine that such building or structure has been erected in conformity with
the standards of the division of labor and, if such building or structure is
in conformity, shall issue the necessary certificate of occupancy prior to use
of the building or structure by the school district. A fee may be charged
for such inspections upon approval ofthe board of education, if the amount
of the fee is determined on the basis of the direct cost of providing such
service. If the division of labor after consulting with the affected board of
education requests inspections by the building department, such inspections
shall be in lieu of any inspections made by the division of labor; except
that this subsection (2) shall not be construed to relieve the division of labor
of the responsibility to conduct such inspections if the appropriate county,
town, city, or city and county agency does not conduct the inspections. AnY
county, town, city, or city and county conducting such inspections shall also
be authorized to annually reinspect the building or structure to assure that
it is maintained and operated in accordance with the fire code adopted b
the director of the division of labor. The inspecting entity shall cooperate
with the affected school district in carrying out the duties of this section.
(b) If the division of labor conducts the necessary inspection to determine
that a building or structure erected pursuant to subsection (I) of this section
has been erected in conformity with the standards of the division of labor,
it shall charge a fee of two hundred dollars for such inspection: Any fees
collected by the division of labor pursuant to this paragraph (b) shall be
transmitted to the state treasurer, who shall credit the same to the public
safety inspection fund created pursuant to section 8-1-151, C.R.S.
(3) The county, town, city, city and county, or fire protection district
providing fire protection service for the buildings and structures of a school
district may annually inspect such buildings and structures to assure that
they are maintained in accordance with the fire code adopted by the director
of the division of labor unless the board of education of the district has
contracted for such inspections to be conducted by a person qualified to
conduct such inspections by reason of experience, training, or certification.
Source: Amended, L. Ij I, p. 1064, § 1; (1) R & RE and (2) amended, L.
84, pp. 599, 600, § § 1, 2, (2) amended, L. 85, p. 338, § 6; amended, L.
M, p. 499, § 118.
22-32-125. Applicability of article.
Repealed, L. 75, p. 788, § 13, effective July 1, 1975.
22-32-126. Principals -employment and authority.
Principal has the authority to adopt policies, 653 P.2d 743 (Colo. App. 1982), rev'd on
les, and regalltions to implement school other grounds, 688 P.2d 219 (Colo. 1984).
tlicy. DeKoevend v. Board of Educ., 653 Principal his authority to supervise teachers.
2d 743 (Colo. App. 1982). rev'd on other Taking the steps necessary to supervise and
Dunds, 688 P.24 219 (Colo. 1984). insure the effectiveness of teachers is within
l he administrative responsibilities set forth the authority delegated to the principal by the
this section could not be carried out if the school board and thus constitutes a legitimate
incipal was unable to promulgate rules and exercise of his power. Thompson v. Board of
force them. DeKoevend v. Board of Educ., Educ., 668 P.2d 954 (Colo. App. 1983).
22-32-127. Leases or installment purchases for periods exceeding one year.
1) (a) Whenever the term of an installment purchase agreement or a lease
greement with an option to purchase under which a school district becomes
nlitled to the use of undeveloped or improved real property or equipment
i r a school site, building, or structure is greater than one year, the obligation
10 make payments under the agreement shall constitute an indebtedness of
the district.
(b) Under any installment purchase agreement or under any lease or
rental agreement, with or without the option to purchase, or similar agree-
ment pursuant to which the subject real or personal property is used by the
School district for school district purposes, title shall be considered to have
passed to the school district at the time of execution of the agreement for
purposes of determining liability for or exemption from property taxation.
(
(2) No board of education shall enter into an installment purchase agree-
ment of the type which constitutes an indebtedness unless such agreement
31-23-209 Govelnmcni - Municipal 268
the territory affected and, after file approval by each body, shall be filed
with the county clerk and recorder of each county wherein the territory is
located.
Source: R & RE, L. 75, p. 1148, § I. / F ANNF10Eh
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 municipality or in
such planned section and district until the location, character, and extent
thereof has been submitted for approval by the commission. In case of disap-
proval, the commission shall communicate its reasons to the municipality's
governing body, which has the power to overrule such disapproval by a
ircorded vote of not less than two-thirds of its entire membership. if the
Public way, ground space, building, structure, or utility is one the authoriza-
tion or financing of which does not, under the law or charter provisions
rov'erning the same, fall within the province of the municipal governing body,
IIle 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: R & RE, L. 75, p. 1148, § 1.
(11y in advisory role. There is nothing in
§ t 1-23-206 and this section which indicates a
legislative intent to broaden a city's authority.
They plac- ultimate governmental aulhnrily
in malter� pertaining to land use in unincor-
porated arras 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 refer-
endum 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 (('On. 1981).
31-23-210. Publicity -.travel - information - entry. The commission has
power to promote 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 cnlploy such other means of Publicity and education as it may deter-
mine. 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 reason-
afde traveling expenses incident to such al(endance. The commission shall
recommend, from time to time, to the appropriate Public officials programs
for public structures and improvements and liar the financing thereof. 11 shall
he part of its duties to consult and advise will) Public officials and agencies,
Public utility companies, civic, educational, professional, and other organiza-
tions, and with citizens in relation to protecting and carrying out the plan.
Tl)e commission has the right to accept and use Rift-, for the exercise of its
269 Planning and Zoning
within a reasonable length of time, such available information
sion may require for its work. The commission and its me'
and employees, in the performance of their functions, may In
land and make examinations and surveys and place and maimarks and monuments thereon. In general, the commission h
as are necessary to enable it to fulfill its functions, to pro
planning, or to carry out the purposes of this part 2.
Source: R & RE, L. 75, p. 1148, § 1.
31-23-211. Zoning. Where a commission is establishr a
the provisions of this part 2, it has and shall exercise a f it
rights granted to the zoning commission by part 3 of this articl
is a zoning commission in existence at the time that a r miss
the zoning commission shall deliver to the commission _.f of i
shall thereafter cease to exercise the powers and prerogatives p
cised by it; except that, if the existing zoning commission is n
lion of a zoning plan, the governing body of the municipality r
by resolution, the transfer of the zoning commission's powers
lion of the zoning plan; but in no event shall the period of such
exceed six months from the date of the creation of the commis
in this section shall invalidate or otherwise affect any zoning
lion or any action of the zoning commission adopted or take
creation of a commission.
Source: R & RE, L. 75, p. 1149, § 1.
C.JS. See 62 C.3.S., Municipal Corpora-
tions, § 672.
31-23-212. Jurisdiction. The territorial jurisdiction of an
over the subdivision of land includes all land located v in the
ries of the municipality and, limited only to control wi,.. refere
street plan and not otherwise, also includes all land lying with
of the boundaries of the municipality not located in any other
except that in the case of any such land lying within ffve' i
than one municipality, the jurisdiction of each commission s
at a boundary line equidistant from the respective municipal
municipalities. The jurisdiction over the subdivision of Ian(
boundary of a municipality shall apply equally to any municipa
Source: R & RE, L. 75, p. 1149, § 1.
31-23-213. Scope of control. When a commission has ad,
street plan for the territory within its subdivision control, or an
as provided in section 31-23-208, and has filed a certified cop
in the office of the county clerk and recorder of the county
,r such part is located, no plat of a subdivision of tar