HomeMy WebLinkAbout1992 SOUTHEAST ELEMENTARY SCHOOL SITE PLAN ADVISORY REVIEW - 17 91 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSITEM NO. 13
�MEETING DATE 5/2/91
STAFF Ted Shepard
City of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: 1992 Southeast Elementary School - Site Development
Plan Advisory Review, #17-91
APPLICANT: Poudre R-1 School District
c/o Dulaney Architecture
5261 South Quebec Street
Englewood, CO. 80111
OWNER: Poudre R-1 School District
2407 West LaPorte Avenue
Fort Collins, CO. 80521
PROJECT DESCRIPTION:
This is a request for a public elementary school, kindergarten
through sixth grades, containing 55,000 square feet, on 10 acres,
located in the Golden Meadows Business Park at McMurry Avenue and
Monte Carlo Drive. The site is just south of the Golden Meadows
neighborhood park. The zoning is I-P, Industrial Park.
RECOMMENDATION:
The Planning and Zoning Board should advise the school that the
location and design of the 1992 Southeast Elementary School is
appropriate.
EXECUTIVE SUMMARY:
The Planning and Zoning Board review of an elementary school is
advisory based on current state statutes. The location and design
of the school is appropriate. The location within an industrial
park is mitigated by such locational attributes as being adjacent
to an existing neighborhood park, and access from a neighborhood
collector street. The architecture will be similar to the last
four elementary schools constructed (Werner, Johnson, Linton,
Olander).
A neighborhood meeting revealed a concern with the length of the
walk, by the street system, to the school site from nearby homes in
the Golden Meadows subdivision. It is recommended that Poudre R-1
investigate the feasibility of constructing an off-street,
pedestrian path from Cape Cod Circle to McMurry Avenue to reduce
this distance.
DEVELOPMENT SERVICES 300 LaPorte Ave. P.O. Boa 580 Fort Coffins, CO 80522-0580 (303) 221-6750
PLANNING DEPARTMENT
NEIGHBORHOOD MEETING MINUTES
PROJECT: 1992 Southeast/Barton Replacement Elementary School
LOCATION: McMurry and Monte Carlo, south of Golden Meadows Park
DATE: April 11, 1991
PR-1 REPRESENTATIVES: George Galida, Michael Spearnak, Patrick
Dulaney
CITY PLANNER: Ted Shepard
QUESTIONS, CONCERNS, COMMENTS
1. Will there be an increase in the amount of wall windows in the
classroom?
RESPONSE: No, but the daylighting system in the roof can be
adjusted to increase light but reduce glare.
2. There is currently a vacant office in the Golden Meadows
Business Park. Has PR-1 investigated using this facility as
an elementary school?
RESPONSE: This has not been investigated. Since elementary schools
need a gym, library, cafeteria, library, and outdoor fields, it is
doubtful that an existing office can be converted and still provide
first rate facilities.
3. What will happen to the ditch?
RESPONSE: The ditch will be preserved to act as a drainage channel.
PR-1 will work with. the City to bridge this ditch to provide access
to the park. PR-1 would prefer an earthen ditch--with-culverts- to___ '
allow for drainage.
4. What will happen to the irrigation canal?
RESPONSE: This will be placed in a pipe and covered so it will be
underground.
5. Will park usage be supervised?
RESPONSE: Yes, park usage will be under strict supervision of
principals and teachers. How the park will be used will be left up
the school.
6. Can you add basketball hoops and a full court?
RESPONSE: Hoops can be added to the playground but a full court
will not be provided.
7. Why is this school called the Barton replacement?
RESPONSE: Barton school is on a busy arterial street. The
building is on a small site. PR-1 prefers to build neighborhood
walk-in schools, preferable near a city park, to reduce bussing.
Since Barton is planned to close, much of the staff will be placed
at this new school.
8. The location of the school is not central to the neighborhood.
For residents on Cape Cod Circle, there is no direct
pedestrian access. The travel distance is very long and
convoluted. There should be a path that leads to the school
on a more direct route "as the crow flies". The walk routes
are too long and will discourage walking.
RESPONSE: This is a good comment. A path from one of the cul-de-
sacs or from in between two existing houses would be a convenient
access to the school. This path concept will be investigated.
9. If necessary, PR-1 should talk to Richard Storck who is
developing the new housing project south of Golden Meadows.
It may be possible to obtain a pedestrian easement so access
can be gained through his project. It may be easier since the
homes are not built yet.
i
RESPONSE: Again, this is a very good comment.
10. What's the deal about the option that is owned by Innovative
Properties. The recent newspaper article indicates that the
property may be tied up and not developable until a dispute is
resolved.
RESPONSE: Innovative Properties is a spin-off- of ---Innovative _
Industries. This group claims to hold an option on about six acres
of ground that does not expire until the end of 1991. PR-1 is
challenging the option claim. PR-1 is proceeding to try to open
the school by fall of 1992. This may be a very tight schedule. If
the dispute is not resolved, the school may not open until Winter
of 1992, after Christmas break. The question has been referred to
the legal staff.
_11. Innovative Industries is not a very good neighbor. It is loud
and emissions of a questionable nature are vented out the
stack. I do not think this is a very good location for a
school.
12. The Homeowners Association has worked with the City and C.S.U.
to monitor the emissions. The problems of two years ago have
been reduced. I do not think that this location suffers by
being close to Innovative Industries.
13. Will the new school become overcrowded when the Storck
development is built -out?
RESPONSE: The total enrollment for the school will be about 568
students. Initially, according to our estimates, the school will
serve about 475 students. Therefore, there is a cushion of about
100 students before capacity is reached. Other than the Storck,
there is not much residentially zoned areas remaining in the
boundary area.
14. How many students will be bussed in?
RESPONSE: Our estimate is that at the beginning, there will be
about 40% of the students bussed and 60% will walk in.
15. Of the three southeast sites, this appears to be the best one.
16. For safety purposes, PR-1 should plan on McMurry gaining
traffic when the business park and the commercial tract is
built -out.
17. How far will PR-1 go (financially) to settle with Innovative.?
RESPONSE: This is difficult to answer. The value is relative to
the price of the other sites that were considered.
18. As a taxpayer, I say don't pay Innovative anything!
19. If the Innovative option is settled, when will construction
begin?
RESPONSE: In June or July of this year.
__20._ What happens if the boundaries are redrawn and the school is
not ready to open in the Fall of 1992?
RESPONSE: Other schools would have to take up the extra students.
21. The sidewalk along the west side of McMurry is not completed
south of Shenandoah Circle. This may cause a problem for
walk-in students.
RESPONSE: The City will be notified as to why no sidewalk was
built.
22. Will yellow caution signs and crosswalks be installed?
RESPONSE: Yes, the City Transportation Department works with the
school principals to establish the safest route to school.
Students are oriented by teachers to use crosswalks.
23. The street signs have recently been changed to indicate a new
spelling of McMurry. What is the correct spelling?
RESPONSE: The old signs were incorrect. There is no "a" at the end
of McMurry. The new street signs are correct. The misspelling was
brought to the attention of the City by members of the McMurry
family.
I
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By STEVE PORTER A Y 14 -.M 9 1 0
The Coloradoan Board selects president/Cl
Poudre R-1 School District and a:reak. sy
est*_;corqpgny hays -`settled adjs0.ute_,
over a 10;37*b4V: P&M.qV of property ini arty and for Innovative to drop its option
i southeast Fort Collins. on 6.2 acres of the site at. McMurray
the
Propertles,jnc. will J)uy Avenue ls,and:Monte Carlo Drive:
three acres of the property "W believe It'awin I -win solution for,
--j'from PR-l'for $1.17 per acre both ge district and Innovative Proper-
. i*.., tlik �dffer - was, made Aprile U 30 to *..es,"P , R.Ibeard�vtcel president. Daryl
"InnbiiiLii"i)YFMl:kfter-negaUattonsonl-"-'Vjibbloc'k:sWd'3torfday,-'nigtkt:�ftring a
eproperty stalle& meeting of -the board of education.
idik.tt", %mdsif,1tJ%6Adrms-oPMon=. .:David Dwyer, attorney, for Innovative
daythe distriet win lease, :.Propertiesspeaking' for' Innovative
bitek ttWthr6e, 'acrestft�6m Inmvadve�''tProperties-,President.:Mer.vyzvJacobson,
W&t*b , yeiis foka total of $30,600. agreed the settlement was fair.
-
The' school district also will pay Law- "Itiavoids a lot of future confrontation
'"ViiiVi"'t65,200,-for,, the,._ right of- first.
M6sil 6`h*kny,. 'tuttire sale, of the.prop-SeG:PW1',: Pa" AS
Jo arm edr
gi
new;
elementary oul
w e' -on-,
Continued from Page Al
the site even though a settlement
said ,"It's #,,.hdd t - t been worked out with o ye
no e
waned, but,'s " A"workable f6r.
6 district is on i'diiit sched'
both parties.'"
ule to complete the school and
"
...
It. was: Innovative; s--opUon-ori,
,
�qpep.lt by fill of 19021'
the 4and4i.purchased!,by 41IR-l-,in
.`Miannsen :. said die- districtMara,for.$545;00O.Ahat
led to . the
agii6d to lease back the three
dispute •between, the two,parties...
acres for two years as a school
Innovative.; Properties, -Inc., the,
real estate arm of Innovative.,�._
recreation area.
"We can,use,it,and.put,ball dia.
Companiesa,; 4401, Innov tjon_� Morids and playing:fields on it;" - —
Drtve,,r -asked- the district to, pay he said "We! plan to use it and
'*e'wUl
,000;.tofremoveJt0oP4cP-.9Aci
- ,
�`13ecause PR4 has. the right of
first refusal on any future sale,
District officials refused, lead-
it's likely the district will eventu.
iiij46-:the;Ahreatf of'a.-lawsuit,'
any own the property,
against' the' district. Neighbor
he said.
hood residents in the Goidem-
" ;For now, Innovative is keeping
Meadows subdivision became
its options.. opep_ on three
.edA Ae,,,ikranglAn �ar g.. " j
inv:o =V
__the
setting it aside for p6ssi-
acres, se
!*X to lte can .
horizonafteris, meeting between-
ble future expansion. I
: If, at the d of'Altet1wr6-year-
Jacobsoq.d,Q lqen eadoWsp
Q'
Homeow'n&bfr,,$; F'
P",
llease-back peil6d Vative-Pi
to the two
.- - � I-
Isn't ready expand,
sentatives. V�
parties may negotiate a lease
Howeveryzth e tiatloqi�
"n go
extension � --: . T I-
broke Ad >aeei� Ja4cofi,ioif
k
, MondWi a Aal][43-1
greement W
called for the district to give the
on both'IfihdVatl v . e and PR-1 ID
three acres to"fiis"c6mpainy"W'
'mutually release all legal claims
exchange for drooping' the
jgW_ at L n P_ __ChaGeL'of
the_-.J6thir:-": Ur
option;'
the three "acres. by-'__Iriinova1;1ve
Om April 30,� PR-1—Superintend'.
will closiwithill.0days'.
1992 Southeast Elementary School - Site Development Plan, Advisory
Review, #17-91
May 20, 1991 P & Z Meeting
Page 2
7 O 11 T Ii1M
1. Background:
The surrounding zoning and land uses are as follows:
N: R-L-P; Golden Meadows Neighborhood Park
S: I-P; Vacant (Golden Meadows Business Park)
E: I-P; Industrial (Innovative Industries)
W: R-P; Single family residential
The property is located within the Golden Meadows Business Park.
This business park was annexed in a series of annexations that
occurred in 1977 and 1978. The subdivision was approved in 1978.
The general area north of Harmony Road, between the railroad tracks
and Lemay Avenue is mixed use. In addition to multi -family
(Courtney Park), single family (Golden Meadows), and industrial
(Golden Meadows Business Park), there is a planned neighborhood
shopping center fronting on Harmony Road.
2. City's Right of Advisory Review:
Colorado Revised Statutes provide two specific references to the
City's right of review in the planning and location of school
sites:
A. Section 22-32-124, C.R.S., as amended, addresses the right of
the school district to construct schools within a municipality and
location or manner of construction of such schools. The statute
specifically limits the municipalities' participation in the
process to a limited right of review and appeal to the Board of
Education.
B. 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
the Planning and Zoning Board. In the case of disapproval, the
Planning and Zoning Board shall communicate its findings to the
School District. The disapproval of the Planning and Zoning Board
may be overruled by the School Board by a vote of not less than
two-thirds of its membership.
Under Section 31-23-209 C.R.S., the Planning and Zoning Board
should make a finding as to the location, character, and extent of
the public buildings and structures relative to the adopted Master
Plan of the City. Such findings help ensure that the proposed site
and structures conform to the adopted plan of the community.
1992 Southeast Elementary School - Site Development Plan, Advisory
Review, #17-91
May 20, 1991 P & Z Meeting
Page 3
In addition, Section 22-32-124 C.R.S. calls for the Planning and
Zoning Board to review and comment upon the site development plan
for the proposed school site and, if it desires, "...request a
public hearing before the Board of Education relating to the
proposed site location or site development plan" prior to any
construction of structures or buildings. In addition, the Planning
and Zoning Board may review the details of the site development
plan itself.
3. Land Use:
The selected parcel has been planned for an industrial use.
Although part of the industrial park, the site is located at the
edge of the industrial area and borders McMurry Avenue (collector)
and Golden Meadows Neighborhood Park. While it is not typical to
locate elementary schools in an industrial setting, the site offers
the following advantages:
A. The site is within walking distance of the Golden Meadows
subdivision promoting the policy of creating a network of
"walk-in" schools.
B. By being adjacent to an existing neighborhood park, there are
mutually beneficial advantages for both the City and Poudre
R-1.
C. The school, in conjunction with the park, will provide
buffering of the industrial uses from the residential uses.
D. McMurry Avenue (collector) provides excellent access to Golden
Meadows subdivision.
In sum, the introduction of an elementary school at the proposed
location is considered appropriate.
4. Design:
The proposed elementary school will accommodate approximately 568
students from kindergarten to sixth grade. The school will be
masonry, single story, with a distinctive entry feature for
identity. The school will have the same basic design as the four
recently constructed elementary schools:
1992 Southeast Elementary School - Site Development Plan, Advisory
Review, #17-91
May 20, 1991 P & Z Meeting
Page 4
Year School Location
1987 Werner Fossil Creek Meadows
1988 Johnson Arapahoe/Mountain Ridge
1989 Linton Sunstone Village
1990 Olander Horsetooth West
The design is considered to be high quality, residential in
character, and a positive addition to the neighborhood.
5. Neighborhood Meeting:
A neighborhood meeting was held on April 11, 1991 and the proposed
school received strong support. One comment was made during the
neighborhood meeting regarding the length of pedestrian access from
some of the homes in the Golden Meadows subdivision. Cape Cod
Circle, Salem Street, and Arcadia Court are very close to the
proposed school but the streets are very circuitous resulting in a
very long walk (or short drive) to the school. (See attached
sketch)
It was suggested that a pedestrian path be constructed from Cape
Cod Circle to McMurry Avenue to shorten this distance and make
walking more attractive. Given the merit of this idea, Staff
suggests that the Planning and Zoning Board pass the concept of a
pedestrian path along to Poudre R-1 in order to de-emphasize
reliance on the auto to access the school.
It is recommended that Poudre R-1 investigate the feasibility of
constructing an off-street, pedestrian path from Cape Cod Circle to
McMurry Avenue.
6. Transportation:
The site gains direct vehicular access from both McMurry Avenue and
Monte Carlo Drive. The parking lot will allow shared parking on
weekends for park users. Since McMurry is a collector street, a
yellow caution light, crosswalks, and a crossing guard will be
provided for safety. The anticipated traffic impact and
circulation have been reviewed by the Transportation Department and
found acceptable.
RECOMMENDATION:
It is recommended that the Planning and Zoning Board advise the
Poudre R-1 School Board that the design and location of the 1992
Southeast Elementary School is appropriate. In order to improve
1992 Southeast Elementary School - Site Development Plan, Advisory
Review, #17-91
May 20, 1991 P & Z Meeting
Page 5
pedestrian access, and further promote the policy of the
"neighborhood walk-in school", the Planning and Zoning Board should
make the following recommendation:
It is recommended that the Poudre R-1 School District investigate
the feasibility of constructing an off-street, pedestrian access
from Cape Cod Circle to McMurry Avenue.
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or other building beyond the territorial limits of the district except in accol
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) amcgded, L. 79, p. 783, § 3.
22-32-124. Building codes - zoning - planning. (I) Prior to I e isi-
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 tlo 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 least 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 building 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 di the 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 (1) of this section
has been erected in conformity with the standards of the division or 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. 41, p. 1064, § l; (1) R & RE and (2) amended, L.
84, pp. 599, 600, § § 1, 2; (2) amended, L. 85, p. 338, § 6; amended, L.
86, 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), rcv'd on
les, and regullitions to implement school other grounds, 688 P.2d 219(Colo. 1984).
they. DeKoevend v. Board of Educ., 653 Principal has authority to supervise teachers.
2d 743 (Colo. App. 1982). rev'd on other Taking the steps necessary to supervise and
uunds, 688 P.2d 219(Colo. 1984). insure the effectiveness of teachers is within
The 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. DcKoevend 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
Milled to the use of undeveloped or improved real property or equipment
or a school site, building, or structure is greater than one year, the obligation
o 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
assed to the school district at Ilse time of execution of the agreement for
urPoses of cicierrnining liability for or exemption from property tax:.tion.
(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 Government - Municipal 268
the territory affected and, after the 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, § 1.
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
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 authoriza-
tion or financing of which does not, under the law or charter provisions
pove�ning the same, fall within the province of the municipal governing body,
Ilse 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. If 48, § 1.
City in advisory role. There is nothing in
§ 31-23-206 and [his section which indicates a
legislative intent to broaden a city's authority.
They place ullirnale governmental authority
in matters pertaining to land use in unincor.
porated 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 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.
Districl'Coun, 638 P.2d 297 (Colo. 1981).
31-23-210. Publicity -travel - information f- 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 employ 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-
atrle 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 organiza-
tions, and with citizens in relation to prowling and carrying out the plan.
l he commission has the right to accept and use gifts for the exercise of its
269 Planning and Zoning
within a reasonable length of time, such available information a
sion may require for its work. The commission and its mem
and employees, in the performance of their functions, may er
land and make examinations and surveys and place and mains
marks and monuments thereon. In general, the commission ha
as are necessary to enable it to fulfill its functions, to prom(
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 establish( ac
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 t I
is a zoning commission in existence at the time that a comp.(ss
the zoning commission shall deliver to the commission ai i
shall thereafter cease to exercise the powers and prerogatives pt
cised by it; except that, if the existing zoning commission is ne
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 I
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, § I.
C.JS. See 62 C.J.S., Municipal Corpora-
tions, § 672.
;J
31-23-212. Jurisdiction. The territorial jurisdiction of
over the subdivision of land includes all land located within the
ries of the municipality and, limited only to control wit; :ere
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 five 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 (lie 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 lal