navigating through land use obstacles
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Navigating through Land Use Obstacles. Carolyn Steffl and Tim Beaton Moses Wittemyer Harrison and Woodruff, PC Jim Jones District Manager South Adams County Water and Sanitation District SDA Conference 2010. - PowerPoint PPT PresentationTRANSCRIPT
Carolyn Steffl and Tim Beaton Moses Wittemyer Harrison and Woodruff, PC
Jim JonesDistrict Manager
South Adams County Water and Sanitation District
SDA Conference 2010
Your Board has finally decided to go ahead with that rec center or fire station and found the money and the land . . .
Now what?
Highlights of TalkIf the District is its own government, why can
cities and counties make you jump over land use hurdles?
What issues should you think of in advance to avoid costly delays?
Identifying the Government with Jurisdiction over Land UseHome rule cities or townsStatutory cities or townsHome rule countiesStatutory countiesCities and Counties (i.e., Denver and
Broomfield)
Home Rule Cities and Towns(and Denver)Colo. Const. Art XX, sec. 6• “It is the intention of this article to grant and
confirm to the people of all municipalities coming within its provisions the full right of self-government in both local and municipal matters.”
Statutory city or town Sec. 31-23-101, et seq., C.R.S
CountiesSec. 30-28-101, et seq., C.R.S.Home rule counties – Colo. Const. Art. XIV,
sec. 16
City and County of BroomfieldColo. Const. Art. XX, sec. 10
Some Key Cases• Denver v. Qwest Corp., 18 P.3d 748 (Colo.
2001)• Tri-State Generation & Transmission Ass‘n v.
Bd. of County Comm'rs, 42 Colo. App. 479, 600 P.2d 103 (1979).
• Telluride v. Lot Thirty-Four Ventures, 3 P.3d 30 (Colo. 2000)
Land Use Checklist
Stories of Land Use Obstacles
Example ProjectWater and Sanitation District building a lift
station on property which is located ½ within Commerce City (home rule city) and ½ within Adams County
Get everyone to the table!Planning departmentEngineering departmentBuilding departmentFire and safety department/districtWater and sanitation department/districtFinance (bonds)State (CDPHE, State Engineer, etc.)Local Health AgenciesOther: urban drainage, Dr Cog, CDOT, Corp
of Engineers
PermittingEarthmovingGradingBuildingStreet Cut
Expect the unexpectedWhat to do when you have approvals needed,
but objections arise later?Examples:
72nd Street infrastructure DIA Facility Sable Reservoir
Zoning/PUD/Master PlanLocation and Extent Approval
The best-laid schemes o’ mice and men going aft a’gley:
“To a Mouse” by Robert Burns
ZoningIs the proposed use permitted under the
applicable zoning/PUD or Master Plan?Public improvements not allowed under all
zoning classifications (yet see whether “public use” is included – e.g., “agricultural”)
Additional restrictions or conditions – height, set backs; curbs and paving; storm drainage.
Some Key Cases• Clark v. Town of Estes Park, 686 P.2d 777
(Colo. 1984)• La Plata County Commissioners v. Board of
Adjustment of the City of Durango, 768 P.2d 1250 (Colo. App. 1988)
• Colorado Springs v. Securcare Self Storage, 10 P.3d 1244 (Colo. 2000)
If Zoning Change is Required -Is the proposed use consistent with the
surrounding neighborhood? Comprehensive plan?
Add 3-6 months for application and hearing process.
Special District Public Improvement
Special District v. County
Location and Extent Approval§ 30-28-110(1)(c)
Allows Special District Board to override County disapproval of District project;
Boulder Board of County Commissioners v. Hygiene Fire Project District, 221 P.3d 1063 (Colo. 2009)
§ 24-67-106(3)(b), C.R.S.But see Metropolitan Denver Sewage Disposal
Dist. V. Commerce City, 745 P.2d 1041 (Colo. App. 1987)
House Bill 10-1368 – unsuccessful.Future legislation?
BE PROACTIVE!
Work up-front with your town or city and county representatives to amend and modify zoning and PUD to allow for planned (and unplanned) special district facilities and projects.
Subdivision Regulations§ 30-28-133, C.R.S.§ 31-23-201, C.R.S.
Alternatives to SubdividingException/exemption for public projectsException for specific projectEasements
1041 Permits• Areas and Activities of State Interest Act, §§ 24-
65.1-201, et seq., C.R.S.
• Requires developers to obtain permits before developing property in areas of state interest or undertaking activities of state interest
• Municipalities and Counties are authorized to designate areas of state interest and activities of state interest and then to administer permitting development in those areas. §§ 24-65.1-201, -203 & -301, C.R.S.
Areas of State Interest• Mineral resource areas• Natural hazard areas• Areas containing, or having a significant
impact upon, historical, natural, or archaeological resources of statewide importance
• Areas around key facilities in which development may have a material effect upon the key facility or the surrounding community
§ 24-65.1-202, C.R.S.
Activities of State Interest• Site selection and construction of major new domestic water and
sewage treatment systems and major extension of existing domestic water and sewage treatment systems
• Site selection and development of certain solid waste disposal sites
• Site selection of airports or rapid or mass transit• Site selection of arterial or collector highways and interchanges• Site selection and construction of major facilities of a public
utility• Site selection and development of new communities• Efficient utilization of municipal and industrial water projects
§24-65.1-203, C.R.S. (*not exhaustive list)
Key CasesTri-State Generation & Transmission Ass'n v.
Bd. of County Comm'rs, 42 Colo. App. 479, 600 P.2d 103 (1979).
Denver v. Bd. of County Comm'rs, 782 P.2d 753 (Colo. 1989)
Colo. Springs v. Eagle County Bd. of County Comm'rs, 895 P.2d 1105 (Colo. App. 1994)
Dept. of Transp. v. City of Idaho Springs, 192 P.3d 490 (Colo. App. 2008)
How to address 1041 RegsParticipate during drafting or seek
amendmentsConsider IGADefine scope of permitted issues broadlyWar stories from the audience
Other hurdles to be aware of: (summarily discussed)Notice to Holders of Mineral Rights pursuant
to §24-65.5-103, C.R.S.Wetlands or 404 permit regulationsNeed to Amend Service Plan
For More Information, check out:Local Government Regulation Using 1041
Powers, Colorado Lawyer, Joseph B. Dischinger (Dec. 2005)
Local Zoning and Building Regulation of Other Governmental Entities, Colorado Lawyer, W. Paul Eckman (Nov. 1991)
Land Use Planning in Colorado, Colorado Department of Local Affairs, dola.colorado.gov/dlg/resources/publications.html
Questions?