Mission accomplished.
The city of Durango and La Plata County came to a compromise on new land-use standards and procedures after years of debate and negotiation.
The La Plata County Board of County Commissioners approved new countywide regulations, transitional standards for areas just outside city limits and an intergovernmental agreement Tuesday morning. The Durango City Council approved the agreement in its evening meeting.
Two public comments made at the county meeting concerned the new 400-foot rule for connecting to an existing water and sewer system in the countywide code.
Commissioners expressed relief that the county and the city were able to compromise on a new land-use planning agreement by deadline. Commissioner Bobby Lieb said he was “battle-fatigued” from the nearly three-year process on the new agreement.
“I did honestly question whether this day would come,” he said.
The new countywide code requires minor and major land development projects, such as single-family homes, duplexes, mobile-home parks and residential subdivisions within 400 feet of a community water system or Durango’s central water to connect for water or sewer service or both, if it’s possible. This is intended to be more flexible than in the transitional areas, county Planning Director Damian Peduto said.
The agreement spells out different rules specifically for the transitional areas. New development projects with boundary lines within 400 feet of Durango water and sewer lines must be annexed if the city wants the property annexed. New development includes industrial, commercial and high-density residential projects.
The agreement doesn’t mandate Durango annex or provide water service. If the city doesn’t want to annex the property and the property owner wants water service, they have to sign an agreement that spells out how the city will provide water. However, If the city does not want to annex or if the property is not within 400 feet, no one is obligated.
This was long an area of contention because the city wanted the county to compel property owners in areas just outside of Durango’s boundaries to annex into the city, but the city wouldn’t guarantee water service. The county wanted property owners to have a choice regarding annexation, especially if they have to pay to hook into the city’s water and sewer systems.
Rogers deleted the requirement for annexation in a March 18 version of the agreement, saying in a letter to City Attorney David Smith that the county believed it was unfair to require property owners to annex into the city when there was no obligation on the city to annex or provide the eligible properties with water or sewer service.
“The situation would be more tenable to some if the city were willing to commit to annexation under certain circumstances, but since this scenario goes beyond the desires of the city, the county is not willing to mandate annexation except when the 400-foot requirement is applied and in the scenario where an alternative central water system is proposed,” Rogers wrote.
The City Council met in closed session late last week to discuss the county’s changes and sent back a letter to the county that the 400-foot language stay in the final agreement.
“It’s been a long time coming,” Councilor Sweetie Marbury said Tuesday night.
Work started on the intergovernmental agreement in September 2011.
Both votes were unanimous.
smueller@durangoherald.com
