ort Collins eo os conmtpentiat MEMORANDUM Bi ede a ay Goes FROM: Pal Bekman, Deputy Gi Atomey SO THRU: Carre Dagget, Interim City. tamer) DATE: fanary 31,205 RE: City Land Use Regulatory Power Over Colorado State University prs Colorado State University (;CSU") has considerable autonomy under state law in constructing new buildings and undertaking other land use projects. Although the City has a reasonably strong argument tht it can require CSU to go through a statutorily required “location, character and extent” review by the Planning and Zoning Board (often referred to as a “site plan advisory plan review" or “SPAR") tefore authorizing or constructing any new public ways or public buildings or structures in the City, any such review may be overridden by a vote of the Board of Governors of the CSU System. Historically neither the City nor other cites in Colorado with ‘state academic institutions have forced this issue and CSU strongly disputes the City's authority in light ofthe ordinances by which most of CSU's main campus was annexed. ‘The City’s land use regulations fully apply to Colorado State University Research Foundation (CSURF"), since itis a private entity subject to all ofthe City’s regulatory authority. ANALYSIS: [As far asthe City’s Land Use Code is concerned, the annexation ordinances whereby most ofthe ‘campus was annexed provides an exemption for CSU as it relates to the Land Use Code. The annexation ordinances whereby CSU's campus was annexed into the City typically state to the effec Uist dhe sunenation sll uot be interpreted granting any right to apply the provisions of any municipal ordinance, ané specifically any building code, zoning code, or licensing ordinance ‘upon the property being annexed. In addition, there is a state constitutional provision and a statutory provision that gives CSU ‘much power to manage its own affairs. The constitutional provision is found at Colorado Constitution Article VIII, Section 5(2) and it provides that the governing board of CSU hassnip Cate RertColins January 31, 2015 Page 2 exclusive contro and direction ofall funds and appropriations unless otherwise provided by law. ‘The stautory provision is found at Colorado Revised Statutes "CIR." Section 23°31-103 and provides that the Board of Governors of Colorado Stte University system has the general Control and supervision ofthe university and lands and the use therea, which power may be ‘ested inthe university. Te section goes onto provide that the Board of Goverors has the plenary power to adopt ll ordinances, bylaws and regulations notin conflict withthe aw as may be necessary to the successful operation of the university. "The term “plenary” means “fll, entre, complet, absolute, perfect and unqualified,” and itis unclear what is meant by the tem. “notin conflict with the law" The City may have an argument tha, absent the annexation ‘ordinances by which the CSU campus was annexed into the City, this plenary power would be subject tothe City’s zoning laws. However, in light of the statutory provision for “location, character and extent review" (generally call “Site Plan Advisory Review” or “SPAR” inthe City’s Land Use Code), itis unclear thatthe City would have authority beyond the SPAR process even seting aside the limits ofthe annexation ordinances. So, the main thing that remains isthe SPAR review, which I believe CSU could be obliged to foiow. This SPAR review statute is found at CRS, Section 3-23-209, which provides that no public bilding or stractre shal be constricted or authorized ina municipality unt the location, Character, and extent therof has been submited for approval by the municipal planning commission. In the case of disapproval by the planing commission, the disapproval may be vera by the governing bay (in this ase, the CSU Board of Governor) by @ vo of nt less ‘han two-thirds ofits membership. Ihave also made contact with various other cites within the sate to inquire as to whether they require thet colegesfonversies to conduct SPAR reviews And found that they have typically not required these reviews. Lam not aware that ‘he City and CCSU have inthe past sctively disputed the question of whether CSU is required to complete the SPAR review. Most ifot all, ofthe cument campus hasbeen constcted without review bythe City, Cy staff members may have served on committees ce groups at CSU to discuss master planning. In a nutshell, a SPAR review would require CSU to submit plans to the Board for a “location, ‘eluracter and extent” review. If dhe Planning and Zoning Board approves the plan it may then ‘be constructed or authorized. The SPAR review process gives the City the legal power to force delay ard further action by CSU decision makers, Ifthe Board of Governors is determined to ‘pursue « projec, it can overrule by a 2/3rds vote any disapproval ofthe Planning and Zoning ‘Board. However, if the City Council should desire to require SPAR reviews, indications ae that ‘CSU would not willingly submit to such review. Ultimately, I think such a requirement would ‘be upheld by a court, Whether requiring CSU to complete a SPAR review would actually achieve any benefit to the City remains uncertain. asin Atabery City Manager Jeff Mibsich, Depry City Manager ‘Kaen Cums, Destro Planing, Development spa Transportation