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Sunday, December 17, 2006

Boulder County's Next Court Case

I've already heard your comments on Boulder County's principled stance on land use regulations. The County Commissioners make decisions that are great fodder for public policy debates. This past week brought news of another court battle that will show the depth of principle again (and perhaps the depth of the County's legal budget).

The County will be fighting a lawsuit filed against it by the Hygiene Fire Protection District. The FD is upset the County will not accept, let alone consider, an application to change zoning on open space to allow for the construction of a fire station.

The all-volunteer Fire District has 50-sq. mile area to cover, and the parcel they're coveting will reduce response times and address needs of growing neighborhoods. However, the parcel was open space dedicated as part of a pricey residential development already approved for the Blue Mountain Vista development. The County calls foul on the developers wanting to switch this parcel from the open space designation.

In the Daily Times Call, FD board member Bill Nelson is quoted saying: “Their open space is more precious to them than just about anything. I think a public safety building is more important.”

This appears to be a worthy case to examine the trade-offs between alternate uses for open space and a hard-line stance of open space protection. Because the land the FD wants to use was otherwise planned to be a park, I wonder if the developers see this as a way to dodge a long-term maintenance requirement by handing the land over to the FD. If fire protection is a key to the new neighborhood, perhaps one home site can be donated instead of the open space.
Here's the version of the story in the Daily Camera.

Bottom line, does this have to be something fought over in court?

2 comments:

Anonymous said...

Does the fire department own the land in question? Anyone?

Anonymous said...

Since the land was dedicated, not purchased, I think the question is actually whether or not there are legally binding documents that would preclude it from being used for a public purpose other than open space. Is it really an ownership and zoning question? I believe that as a resident of Boulder County, I own that land (John Q. Taxpayer)and it is very likely zoned public, is it not?