City of Colorado Springs v. SecurCare Self Storage, Inc.

10 P.3d 1244, 2000 Colo. J. C.A.R. 5356, 2000 Colo. LEXIS 1079, 2000 WL 1335887
CourtSupreme Court of Colorado
DecidedSeptember 18, 2000
Docket99SC200
StatusPublished
Cited by40 cases

This text of 10 P.3d 1244 (City of Colorado Springs v. SecurCare Self Storage, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Colorado Springs v. SecurCare Self Storage, Inc., 10 P.3d 1244, 2000 Colo. J. C.A.R. 5356, 2000 Colo. LEXIS 1079, 2000 WL 1335887 (Colo. 2000).

Opinions

Justice MARTINEZ

delivered the Opinion of the Court.

In this zoning case, the petitioners seek review of a court of appeals' judgment upholding a district court's ruling that the City of Colorado Springs' zoning authorities may not deny a permitted use.1 We do not agree with the court of appeals. We hold that the plain language of the City of Colorado Springs' Zoning Code allows the zoning authorities to review and deny a permitted use as that term is defined and treated in Colorado Springs' Zoning Code. Accordingly, we reverse and remand with instructions.

L.

SecurCare Self Storage, Inc. (SecurCare) owns approximately 44 acres of land (the plot) in Colorado Springs. In 1995, Secur-Care sought to develop the entire plot by constructing mini-warehouses for self-storage. That year, SecurCare received administrative approval for its initial development plan, outlining SeeurCare's intention to place mini-warehouses on its plot.

Shortly thereafter, SecurCare modified its development plan in light of an agreement it had with Amoco Oil Company (Amoco)2 to build a service station on approximately one acre of the plot, with the remaining 3.4 acres dedicated to the initial proposed use of mini-warehouses. The service station complex [1246]*1246was to include a gas station, a convenience store, and an enclosed car wash.

Unlike the first development plan, this amended plan was submitted to the City of Colorado Springs Planning Commission (the Planning Commission) for its approval. At a public hearing before the Planning Commission on the amended development plan, several members of the surrounding community voiced their concerns about constructing a service station on the plot. After hearing arguments in favor of and against the service station, the Planning Commission refused to approve the amended development plan, ruling that the service station was "incompatible" with the surrounding residential neighborhood.

The Planning Commission reached this conclusion despite the fact that Colorado Springs zoned the plot as a Planned Business Center (PBC) in 1972. The Zoning Code of the City of Colorado Springs (Zoning Code) explicitly designates mini-warehouses, service stations, convenience stores and enclosed car washes as permitted uses in a PBC zone. SecurCare appealed the Planning Commission's decision to the City Council of the City of Colorado Springs (the City Council). On appeal, SecurCare argued that the Planning Commission had no discretion to deny the proposed permitted uses and objected to the Planning Commission's conclusion that the uses were incompatible with the surrounding neighborhood. The City Council, however, upheld the Planning Commission's denial of the development plan.

SecurCare then filed a petition in district court under C.R.C.P. 106(a)(4), appealing the decisions by the Planning Commission and the City Council.3 The sole argument made by SecurCare in support of its C.R.C.P. 106(a)(4) request to the district court was that a permitted use is by definition harmonious and compatible with the surrounding neighborhood. SecurCare did not challenge the standard itself as arbitrary and capricious, perhaps recognizing that we have previously approved criteria such as compatibility with the surrounding neighborhood. See Board of County Comm'rs v. Conder, 927 P.2d 1339, 1348 (Colo.1996) (citing cases). The district court ruled in favor of Seeur-Care, holding that the actions of the Planning Commission and the City Council in denying permitted uses were "arbitrary and capricious and constitute[d] an illegal attempt to rezone the property" because a permitted use may not be denied. In the district court's view, Colorado Springs, by designating certain uses as permitted, already determined that such uses were harmonious and compatible with the surrounding neighborhood. Consequently, "the City may not attempt to reserve to itself the discretion to decide which of the complying land uses will be permitted." In a published opinion, the court of appeals affirmed the district court's decision. See SecurCare Self Storage, Inc. v. City of Colorado Springs, 987 P.2d 852, 853 (Colo.App.1998).

IL

Our analysis in this case begins with a clarification of the central issue before us. We continue with a general overview of Colorado Springs' zoning power and Zoning Code. Our discussion concludes by addressing whether the court of appeals properly interpreted the Zoning Code provisions.

A.

We begin our discussion by clarifying the nature of the issue before us. SecurCare initially brought suit in the district court under C.R.C.P. 106(a)(4), which provides that relief may obtained in district court

[where any governmental body or officer or any lower judicial body exercising judicial or quasi-judicial functions has exceeded its jurisdiction or abused its discretion, and there is no plain, speedy and adequate remedy otherwise provided by law.... [Rleview shall be limited to a determination of whether the body or officer has exceeded its jurisdiction or abused its dis[1247]*1247cretion, based on the evidence in the record before the defendant body or officer.

(Emphasis added.)

Under this Rule, our review of the issue before us is limited to determining whether the court of appeals properly upheld the district court's conclusion that the zoning authorities of Colorado Springs abused their discretion or exceeded their jurisdiction. Ultimately, the resolution of this issue turns on whether the Zoning Code grants the zoning authorities the power to deny the development plan of a permitted use. See Sherman v. City of Colorado Springs Planning Comm'n, 680 P.2d 1302, 1304 (Colo.App.1983) (holding that a local governmental body exceeds its .jurisdiction under C.R.C.P. 106(a)(4) when it exercises discretion it does not have), aff'd, 763 P.2d 292, 294 (Colo.1988).

As such, our task in this case is to determine the extent of the authority that the Zoning Code provisions granted to the Colorado Springs' zoning authorities. Our analysis does not address, and the parties did not raise, issues regarding the constitutionality or wisdom of the Zoning Code provisions. But see Zavala v. City & County of Denver, 759 P.2d 664, 665-66 (Colo.1988) (reviewing a party's challenge to Denver's zoning code on due process and equal protection grounds). Additionally, the parties have not argued that the findings of the Planning Commission were insufficient or that the record failed to support the findings. Mindful of the task before us, we continue with a brief overview of the Zoning Code.

B

The Colorado Constitution explicitly grants Colorado Springs, a home-rule city, broad legislative authority to draft and implement its charter and ordinances regarding local and municipal matters See Colo. Const. art. XX, § 6. On several occasions, we have categorized zoning as a local and municipal. matter for purposes of this constitutional section. See, e.g., Voss v.

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Bluebook (online)
10 P.3d 1244, 2000 Colo. J. C.A.R. 5356, 2000 Colo. LEXIS 1079, 2000 WL 1335887, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-colorado-springs-v-securcare-self-storage-inc-colo-2000.