HomeMy WebLinkAbout971811.tiffEDUCATION FOR LIFE
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July 15, 1997
Board of County Commissioners
George E. Baxter, Chairman
P. O. Box 758
Greeley, CO 8O632
Dear Commissioners:
Brian L. Lessman
Superintendent of Schools
This letter is in response to your communication sent to Weld
County school districts on February 24, 1997. The letter of
record was addressed to Glen Hanson, Superintendent of Weld Re -7
School District with copies to various staff or board members in
other Weld communities.
In your reply to Mr. Hanson, the Commissioners cited County
Ordinance 173 which was deemed sufficient by the Commissioners to
meet school district concerns regarding land dedications or cash -
in -lieu contributions to school districts. Further, the
Commissioners indicated that Section 10.19 of the Ordinance
provided "adequate protection for school districts in their quest
to obtain assistance from developers for the impacts of
residential growth."
In our view, Ordinance 173 fails to protect existing Weld County
residents from bearing costs imposed upon them by increased
residential development and falls short of statutory
requirements for county subdivision regulations.
It is axiomatic that increased development places increased
demand on public infrastructure such as school sites and
facilities. Existing residents, of course, have already borne
the burden of paying for those facilities. As new development
creates the need for new facilities, existing residents are
required to pay yet again, in effect and reality subsidizing new
development. It is our belief that Weld County is not doing
enough to protect its residents from bearing these additional
costs.
Colorado Revised Statute section 3O-28-133(4) provides that
county subdivision regulations must include, "as a minimum,"
provisions requiring dedication of land for school sites, payment
of fees in lieu thereof, or a combination of the two. County
WELD COUNTY SCHOOL DISTRICT RE -4
1020 Main Street • P.O. Box 609 • Windsor, CO 80550 • (970) 686-7411 • Fax (970) 971811
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Ordinance 173, while requiring coordinated planning, does not
require school site dedications or payment of fees in lieu
thereof, the statutory minimum.
As you are aware, the Colorado Supreme Court recently held that
counties possess the authority to go well beyond this statutory
minimum, albeit not at the building permit stage of development.
Board of County Comm'rs v. Brainbridcte, 929 P.2d 691 (Colo.
1996). Where a school district would not be able to provide
adequate educational opportunities even with the assistance of
school site dedications or fees in lieu thereof, counties may
deny subdivision plat approval unless the developer enters into a
public improvements agreement sufficient to fully pay for the
increased need created by his or her development. Bainbridge, at
page 703.
The Public School Finance Act was recently amended to emphasize
that school districts have the authority to accept school site
dedications or fees in lieu. Colorado Revised Statutes 22-54-
102(3). In addition, the Act does not preclude school districts
from accepting proceeds from public improvements agreements.
Bainbridge, at page 713.
While the citizens of Weld County may ask the Commissioners to
exercise their full authority to prevent the costs of new
development from being imposed on existing residents and their
children, we do not make that request now. We do, however,
request that the County Ordinance 173 be amended to include the
statutory minimum requirement of school site dedications or fees
in lieu thereof. We also request a formal response to this
letter and emphasize that we would be happy to make a formal
presentation at a meeting of the Commissioners and/or work with
county staff to bring about the necessary changes.
Thank you for your attention to the educational concerns of our
students and the concerns of Weld County residents who otherwise
will be required to pay for additional facilities required by new
development.
Sincerely,
Brian L. Lessma
Superintendent of
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