HOUSE 3rd Reading Unamended March 25, 2009 HOUSE Amended 2nd Reading March 23, 2009First Regular Session Sixty-seventh General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 09-0353.01 Esther van Mourik HOUSE BILL 09-1284 HOUSE SPONSORSHIP Levy, SENATE SPONSORSHIP Williams, House Committees Senate Committees Transportation & Energy A BILL FOR AN ACT Concerning corridor capacity strategic planning to foster transportation efficiency. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Creates a process whereby the Colorado department of transportation (department), a metropolitan planning organization, and a metropolitan planning organization's member local governments develop a corridor capacity strategic plan in order to preserve the capacity and efficient functioning of the state transportation system in congested areas or areas projected to become congested as a result of future development. Allows a plan to be developed for congested corridors and for those corridors forecasted to be congested in areas covered by a metropolitan planning organization. Specifies the components of the plan, and establishes certain deadlines. As a condition of issuance of an access permit, where a corridor capacity strategic plan is not adopted or is adopted but not implemented by a local government, allows the department to require improvements to the state transportation system, and allows the department to require the local government or other entity with authority to approve new development to collect on the department's behalf an impact fee to fund expenditures by the department for transportation infrastructure or operational improvements needed to mitigate impacts from the local development to the state transportation system. Allows the department to review development plans and provide comments regarding their impact on the efficient functioning of the state transportation system. Requires plans for new development in areas within a congested corridor to be accompanied by a traffic study examining how the proposals would impact the functioning of the state transportation system. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 43-1-1102, Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to read: 43-1-1102. Definitions. For the purposes of this part 11, unless the context otherwise requires: (1.5) "Congested corridor" means a state highway corridor on the regional roadway system that is shown as currently congested or forecasted to be congested in the future in the most recently adopted regional transportation plan within a metropolitan planning organization's metropolitan area. (1.7) "Corridor capacity strategic plan" means a plan developed through collaboration between the department and a metropolitan planning organization to alleviate or prevent congestion in one or more selected corridors. SECTION 2. Part 11 of article 1 of title 43, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 43-1-1106. Corridor capacity strategic plans - fund - legislative declaration. (1) (a) The general assembly hereby finds and declares that a collaborative process is necessary whereby the department and a metropolitan planning organization develop ways to preserve the capacity and efficient functioning of the state transportation system while allowing development consistent with existing master plans established pursuant to sections 30-28-106 and 31-23-206, C.R.S. (b) The general assembly further declares that the impact of local land use decisions on the capacity and efficient functioning of the state transportation system should be understood and considered by local governments in the development approval process. (c) The general assembly further declares that a coordinated approach to regionally produced congestion is necessary in order to maintain the functioning of the state transportation system and facilitate planned development. (2) (a) Prior to the adoption of the next state transportation improvement plan, the department and each metropolitan planning organization shall identify and prioritize congested corridors for development of corridor capacity strategic plans based on the degree of expected congestion and urgency of planning and shall prioritize and develop a timeline for undertaking the planning process based on need and available resources. The department and each metropolitan planning organization may develop corridor capacity strategic plans for those identified and prioritized congested corridors. In developing such corridor capacity strategic plans, the department and each metropolitan planning organization may consider, but shall not be limited to, the following: (I) Access management plans; (II) Improvements to local street networks; (III) Transit investments; (IV) Transportation demand management programs; (V) The arrangement, siting, and types of proposed land uses; and (VI) The creation of bike or pedestrian routes. (b) The member local governments of a metropolitan planning organization that adopt a corridor capacity strategic plan shall use their best efforts to adopt any ordinances or regulations necessary to implement locally controlled components of the corridor capacity strategic plan. (3) Capacity improvements identified in the state transportation improvement program in any congested corridor identified for development of a corridor capacity strategic plan shall not commence until a corridor capacity strategic plan is adopted. (4) (a) For those congested corridors described in paragraph (a) of subsection (2) of this section for which either a corridor capacity strategic plan has not been developed and the department has determined that a development proposal warrants additional involvement by the department as specified in paragraph (b) of this subsection (4) or a corridor capacity strategic plan has been developed and the department has determined that a development proposal is inconsistent with the land use and trip generation assumptions on which the plan was based, the department is authorized to: (I) For new development applications, request a traffic study that meets the criteria adopted by the department and that examines how the proposed development will impact the efficient functioning of the state transportation system; (II) Review changes to land use plans and zoning; and (III) Submit comments within the time limits applicable to the review and comment process of the relevant jurisdiction on any impact the proposal will have on the efficient functioning of the state transportation system. (b) The department shall promulgate rules in accordance with article 4 of title 24, C.R.S., as may be necessary to administer any provision of this subsection (4) and that specify what will trigger the department's involvement as specified in this subsection (4) by: (I) Designating what size and type of land use developments or applications to rezone land shall be reviewed by the department; (II) Determining what size and type of changes to a land use plan shall be reviewed by the department; and (III) Determining when the proposal's degree of inconsistency with the assumptions on which the corridor capacity strategic plan was based would necessitate review by the department. SECTION 3. 29-20-104, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 29-20-104. Powers of local governments. (2) Local governments shall require traffic studies consistent with the provisions of section 43-1-1106 (4) (a) (I), C.R.S. SECTION 4. 30-28-116, Colorado Revised Statutes, is amended to read: 30-28-116. Regulations may be amended. (1) From time to time the board of county commissioners may amend the number, shape, boundaries, or area of any district, or any regulation of or within such district, or any other provisions of the zoning resolution. Any such amendment shall not be made or become effective unless the same has been proposed by or is first submitted for the approval, disapproval, or suggestions of the county planning commission. If disapproved by such commission within thirty days after such submission, such amendment, to become effective, shall receive the favorable vote of not less than a majority of the entire membership of the board of county commissioners. Before finally adopting any such amendment, the board of county commissioners shall hold a public hearing thereon, and at least fourteen days' notice of the time and place of such hearing shall be given by at least one publication in a newspaper of general circulation in the county. (2) The board of county commissioners or the board's designee shall transmit to the department of transportation any applications to rezone land required to be reviewed as specified by the department of transportation in rules promulgated pursuant to section 43-1-1106 (4) (b), C.R.S. SECTION 5. 30-28-136 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read: 30-28-136. Referral and review requirements. (1) Upon receipt of a complete preliminary plan submission, the board of county commissioners or its authorized representative shall distribute copies of prints of the plan as follows: (j) To the department of transportation if the plan is required to be reviewed as specified by the department of transportation in rules promulgated pursuant to section 43-1-1106 (4) (b), C.R.S. SECTION 6. 31-23-214.1, Colorado Revised Statutes, is amended to read: 31-23-214.1. Subdivision plan or plat - access to public highways. (1) No person may submit an application for subdivision approval to a local authority unless the subdivision plan or plat provides, pursuant to section 43-2-147, C.R.S., that all lots and parcels created by the subdivision will have access to the state highway system in conformance with the state highway access code. (2) The commission shall distribute to the department of transportation copies of those applications for subdivision approval required to be reviewed as specified by the department of transportation in rules promulgated pursuant to section 43-1-1106 (4) (b), C.R.S. SECTION 7. 31-23-305, Colorado Revised Statutes, is amended to read: 31-23-305. Changes. (1) Such regulations, restrictions, and boundaries may from time to time be amended, supplemented, changed, modified, or repealed. In case, however, of a protest against changes in regulations or restrictions, or changes in the zone district applicable to particular land, which protest is filed with the municipal clerk at least twenty-four hours prior to the governing body's vote on the change and is signed by the owners of twenty percent or more of the area of land which is subject to the proposed change or twenty percent or more of the area of land extending a radius of one hundred feet from the land which is subject to the proposed change, disregarding intervening public streets and alleys, such changes shall not become effective except by the favorable vote of two-thirds of all the members of the governing body of the municipality. The provisions of section 31-23-304 relative to public hearings and official notice shall apply equally to all changes or amendments. (2) The governing body of a municipality or its designee shall transmit to the department of transportation any applications to rezone land required to be reviewed as specified by the department of transportation in rules promulgated pursuant to section 43-1-1106 (4) (b), C.R.S. SECTION 8. Act subject to petition - effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution, (August 4, 2009, if adjournment sine die is on May 6, 2009); except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.