Colorado Politics

The theatrics of land-use in Douglas County | NOONAN

If anyone thinks a county commission land-use session lacks theatricality, think again. Just drop into a land-use meeting in Douglas County with its current three commissioners.

Citizens attending a Nov. 25 Dougco land-use session were treated to the following actions: a woman was tossed out for holding a sign; a state representative was talked over and bullied by a commissioner; the Douglas County School District (DCSD) superintendent was told she was “disqualified” to speak; and commissioners voted to take land away from DCSD, give land to a charter school, and meet every request of the Sterling Ranch developer over the objections of many residents of Sterling Ranch.

This circus is not surprising. Remember, these three commissioners are the tone-deaf men who earlier this year lost their initiative to turn Dougco into a home-rule county roughly 70% to 30%.

To be serious, which these commissioners are not, this land-use session addressed festering and fundamental questions facing the state, issues way over the heads of the current decision-makers. The questions concern Colorado statute related to public district schools, charter schools, school finance, bond elections for construction of new schools, dedicated land for public schools in planned housing developments, and developers’ amendments to planned developments affecting “promises” to home buyers.

First off, what is a public school? In statute, charter schools are public schools, and that’s a problem. By their very nature, charters do not serve every student. They are conceived to satisfy an “education choice” of those seeking the charter. They receive waivers from many state laws and regulations, they do not have programs that meet the needs of many children, and they are governed by unelected individuals.

Public district schools, on the other hand, must serve every student. Their programs must address the needs of every student. Their curricula must meet state standards in every respect. Their administration follows state law. They are governed by an elected board.

Given these differences, the residents of Sterling Ranch with school-age children have a problem. The developer has set aside 110 acres for public schools. This set-aside allows for three elementary schools taking 50 acres and a 60-acre patch for a combined middle school-high school. According to the land size of other Dougco middle/high school sites, the combined school plot is short about 30 acres.

DCSD has the same demographic problem as many metro area school districts. Schools once full in one part of the county are now losing students because older families are aging in place. Areas with new housing such as Sterling Ranch are gaining kids because young parents want to live in a community that meets their dreams.

The Board of Douglas County Commissioners, George Teal, Lora Thomas, and Abe Laydon, listen to citizen comment at their April 13 business meeting. (Gazette file)
The Board of Douglas County Commissioners, George Teal, Lora Thomas, and Abe Laydon, listen to citizen comment at their April 13 business meeting. (Gazette file)

There is too much distance between Sterling Ranch on one side of Highway 85 (Santa Fe) and Highlands Ranch on the other side of Highway 85 for kids to easily slide from one section to the other. But the larger population on the east side of Highway 85 is not eager to boost their property taxes to build schools for the west side, and anyway, Sterling Ranch has lots of homes yet to build.

In a several-years-ago decision by a previous DCSD school board, the school district allowed a “classical education” charter school, John Adams, to seek authorization from the state’s chartering authority, Colorado Charter Institute, to create its school. This decision put a “public school” on the west side of the county without committing the district to having to construct the school. Now, the Sterling Ranch developer has given 26 acres to John Adams to satisfy an acreage allocation for schools in the development. John Adams will build a K-12 school educating kids on its classical education curriculum.

This giveaway of public land set aside for public schools is at issue. It reduces the land set aside for neighborhood elementary schools for parents who want and need their kids in schools that meet every need for every student. The land reduction takes away choice for parents who don’t want their children educated in a “classical education” environment that takes its curriculum from out of state and has a particular conservative orientation.

County commissioners received more than 170 letters from individuals in Sterling Ranch objecting to the land-use amendment to the developer’s plan. Many showed up at the awkward 2:30 p.m. time for the hearing. They argued the John Adams 26 acres should not be counted against the 110-acre allotment.

As speakers lined up to make their case, a woman stood up with a sign. Commissioner Abe Laydon gaveled her down and sheriffs escorted her out of the room on the grounds signs are not allowed. But they were allowed at an earlier meeting.

State Representative Bob Marshall tried to make his case, but Commissioner George Teal interrupted him several times during Marshall’s two minutes and the representative was ultimately dismissed. Erin Kane, superintendent of DCSD, was interrupted by Teal who said she was disqualified from speaking. After some back and forth, she was given two minutes.

The whole charade took several hours. The commissioners granted the amendment. Now what?

Paula Noonan owns Colorado Capitol Watch, the state’s premier legislature tracking platform.


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