BILL SUMMARY for HB09-1201
HOUSE COMMITTEE ON LOCAL GOVERNMENT
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04:42 PM -- House Bill 09-1201
Representative Labuda, prime sponsor, presented House Bill 09-1201, concerning land use planning by governments and the adverse effects of development in close proximity to military installations. Representative Labuda discussed the benefit of having military bases in Colorado communities and the need to protect these areas from encroaching residential growth. She explained that the bill requires local governments to address the adverse effects of development in close proximity to military installations through changes in land use planning. The bill will require local governments to make changes to master plans, zoning regulations, and building codes to regulate future development and to incorporate sound attenuation standards. Additionally, local governments that already satisfy the requirements of the bill are not subject to additional requirements. Representative Labuda addressed questions from the committee members concerning property rights and whether the bill creates a legal taking. She also addressed questions about planning, local master plans, and federal regulations that may address the issue of municipal growth.
Barbara Kirkmeyer, County Commissioner, Weld County, testified against the bill, explained that the master plan of Weld County already addresses military installations, and explained that notification requirements addressed in the bill are already established in state law.
Jim Bensberg, County Commissioner, El Paso County, testified against the bill, talked about the importance of military installations, and talked about the negative fiscal impact of the bill on counties. Commissioner Bensberg addressed questions from the committee concerning examples of residential development encroaching on nearby military installations.
Michael Reisman, airport manager, Greeley-Weld County Airport Authority, testified against the bill, talked about the airport master plan and the boundaries of the airport, and discussed notifications concerning municipal growth provided to the airport authority. Mr. Reisman talked about the Greeley Air National Guard unit stationed at the airport and addressed provisions in the bill that he suggested be eliminated.
Richard Brady, Municipal Attorney, City of Greeley, testified against the bill and discussed reasons that the Greeley airport should be exempt from the bill. He also addressed other provisions in the bill that he felt should be eliminated and distributed resolutions from the City of Greeley opposing House Bill 09-1201 (Attachment F).
Erin Goff, Colorado Municipal League, testified against the bill and discussed communities that have military installations that would be negatively impacted by the bill. Ms. Goff responded to questions concerning a needed buffer between military bases and a municipal boundary, and she talked about how municipalities already comply with master plans to limit development near military installations.
Carl Shueler, City Planner, City of Colorado Springs, testified against the bill, discussed the economic importance of military bases to communities, and distributed a handout to the committee (Attachment G). Mr. Shueler talked about the challenges that the bill creates for city planning near military bases.
Neil Ralston, airport manager, Colorado Springs airport, testified against the bill and discussed the relationship between the Colorado Springs municipal airport and the boundary of Peterson Air Force Base.
Julio Inturreria, Arapahoe County, representing himself, provided information to the committee concerning zoning regulations for airports and surrounding areas and distributed a handout to the committee (Attachment H).
Greg Romberg, representing the City of Aurora, testified against the bill and talked about the relationship between the City of Aurora and Buckley Air Force Base. He explained that land use and zoning are local issues that are addressed by municipalities and counties.
Colonel Wayne Monteith, Vice Commander, Peterson Air Force Base, United States Air Force, testified in support of the bill and talked about the need to limit encroachment of municipalities on military installations. Colonel Monteith talked about specific problems that growth and development have created for military operations and responded to questions concerning the military's ability to purchase property adjacent to military bases. The committee members received Colonel Monteith's written comments on House Bill 09-1201 (Attachment I).
Major Michael Blackburn, United States Air Force, addressed questions from the committee members concerning when the military was contacted about House Bill 09-1201.
Walter Paul, legislative liaison, Department of Military Veterans Affairs, testified in support of the bill and talked about specific military installations in the state that need protection from residential growth and development. The committee received a handout from Mr. Paul concerning House Bill 09-1201 (Attachment J).
Brigadier General Trulan Eyre, Wing Commander, Colorado Air National Guard, testified in support of the bill and talked about the need for sound boundaries and buffers surrounding military bases. He talked about the bill's requirements for a two-mile buffer surrounding military installations for military uses and missions. Brigadier General Eyre addressed questions from the committee members concerning the Air National Guard at Greeley Airport, Buckley Air Force Base, and Peterson Air Force Base. He also explained that municipalities are working well with the military on zoning and development issues surrounding military installations.
Colonel Wayne Monteith addressed questions from the committee members concerning the relationship between municipalities, and he discussed the need for buffers for certain military missions and installations.
Representative Labuda made closing comments and addressed questions from the committee members concerning needed amendments to the bill.
Representative Peniston laid House Bill 09-1201 over until the committee's meeting on Tuesday, March 3rd, 2009.
The committee adjourned.