WSP06297 - Laserfiche WebLink

Home Browse Search

- Land-Use Plans Under Scrutiny B~' RIC!I:\RD J. SCH:'1tEIDER ll>JWrill'f The Colorado Land Use Com- mission (LUe) is dosely study- ing a number of land de\'e]op.. ments for the possible applies- Itirm of emergency powers as an alternativeloa subdivision-con- lro] hill defeated in the legisla- I lure by the real estate industry. LUe officials have confirmed that they are scrutinizinl: four i specific Colorado land develop- ments and could also move against others if Ihe need arises. Because the studies are still in the preliminary slagl"S. the names of the developments weren't released. The four de\'elopmenb cur- rently under study are in Clear Creek, Gunnison. Douglas and Saguadll' Counties. LOOKL~G AT P.-\ITER\S "We're just looking intensive- ly at the patterns to see if there, are dangers of immediate and irreparable harm to the land," Ll,'C chairman John Crowlt>Y 10ldUPI. "We fully intend to evaluate and use the temporary !'mer. genc}' powers," Crowley said. Those powers could result in a court order to baIt further sales of the subdivision lots until a satisfactory agreement was reached. Claude Peters. LUC ellecutive direct.or, said starf members are exploring the possibiliti('s of using the powers granted under the legi~lalion which created the LUe two years ago. The en. tire prOl'ess hinges on Gov. John 1.o\'e, whose approval is ....~I 0........ 'M" oftlw> llflWPI'1l. (J3?>1 ,I Z , '" .............._..h..":>'-. BILL 36 .o\LTER."ATI\'E Peters and LUe \ice chair-' man Dietz tusk of Colorado Springs ha\'e explained that the emergency.power method or dealing with irresponsible land development is the alternativ to Senate BiU 36. the Land Sale<; Act. which will die in the Senate Appropriaions Commit. tee as a result or extreme op- position from the real.estate lobby. The Land Sales Act, proposro by the LUe. would havell required owners or existing and approved subdivisions to show proof of adequate water supply and sewage treatment facilities and provide a detailed geologi- cal - topographical stud)' of the IaQCI before additional lots could be sold. A companion bill, which requires similar information before proposed subdivisions can be approved, has passed lbe legislature. But the Land Sales Act would have affecle--V those subdivisions already J' ing lots. PRESE,....TED TO LOVE Peters said /.he leltislatio impose tighter reguJal/on.Jn existing developI1X"nls anJ,be Im'oking of the Lve m,erincy powers were presenttd t~ .(lve late last ye"r as alternatl\'e~to deal with the burgeoning laId development problem in Color... : ". Love advised trying to pass I the Land SaleS Act flI'St, Peters said, but that approach has failed. l'Now that 36 is dead. we're going to move in Ihis other di- rection." Peters said, "and we are going to move hard." LUe .auomey Kirk Wicker- sham said the emergency. power plans should be firmed UJ: al the :\-Iay 19 meeting of the LUC in Denver. He said the ac- tions. which the LUe would want sustained in an)' court ac- '[ tions or appeals, must be based on a major land use problem. I ~o Cl"HE I ;'There can be no known cure for this defect," he said. "We hope to make the n:ergency -<I) powers work but Senate Bill i would have been better ana more regular." Senate Bill 36 died in a flurry of objeelions from lobbyists who said it would injure the value of existing land develop. ments in which major m\'est. plents have been made. I The bill first went to the Senate State Affairs Commitk>.e but was then sent to the Busi- ne'SS Affairs and Labor Commit- tee following the disclosure that State Affairs Chairman Carl :Williams, R.Dem'er, had dose ties to the lobbyist trying (0 kill 'the bill. The second commillee then sent it to the Appropri- ations Committee. where it has been ll'lid to rest. Crowley said the LUe, if the powers ate invoked. will pro- ceed in the manner set forth in state law. "We would consult with the local planning officials. hold a public hearing and con. suit with the go\'ernor," he said. OTHER ARt-as , He added that lh~ LUe emer- gency powers include land-use areas olher than those wruch WQuld haH' been rovered by the' Land Sales Act. "We probably would have been doing it (in- \'oking the powers) this sum- mer in any event." he said. Earli('r this year, the LUe and Love were poised and ready to invoke the power at the request of officials in C0s- tilla County concerning a prof). lem with dear~utting: The. practice of slashing all the Urn. ber from the side of a hiU rath- er than seleetive cutting. Bul the local officials, using I the mere word from Ihe LUC and Love thai they would acl were able 10 force a settlement with the parties involved. Wickersham pointl'!d out that lit is vital the LUe win any court case arising out of the use of its emergency pow('rs lo gi\'e the agency credibility and the ability to exert pressure in future instances of poor land- ""'. , Wickersham said some of Ihe ~~roblems currently under study inVOlve the planJlt"d const:ruc- tion of condominiums and mountain homes on lOp of a mudslide area and in the path of snows Ii des, the sale of build- ing lots on slopes up to ill degrees and on loose shale, and tJ:1e d.evelopmcnt of building sites in a clo$ed lI\'er basin which leads the LtC to be-Iie\'e the lot owners might be "drink. n:g their own sewage" If they smk a well, I ~ '" , '" , A