C.R.S. Section 32-9-119.8
Provision of retail and commercial goods and services at district transfer facilities

  • residential and other uses at district transfer facilities permitted
  • definitions

(1)

As used in this section, unless the context otherwise requires:

(a)

“Local zoning ordinance” means an applicable legislative act enacted by any municipality, county, or city and county in which a transfer facility is located that relates to the planning and zoning of real property.

(a.3)

“Public entity” includes, but is not limited to, a public body, as that term is defined in section 32-9-103 (11), and any other governmental entity, agency, or official, including an urban renewal authority and the department of transportation.

(a.7)

“Residential use or other use” means any residential use, as defined in section 38-33.3-103, C.R.S., or other use permitted by an applicable local zoning ordinance.

(b)

“Transfer facility” means a public park-n-ride, bus terminal, light rail station, or other bus or rail transfer facility owned or operated by the district whether the property on which the facility is located is owned by the district or leased by the district from any other entity.

(2)

Except as provided in subsection (2.5) of this section, the district may negotiate and enter into agreements with any person or public entity for the provision of retail and commercial goods and services to the public at transfer facilities or for the provision of residential uses or other uses at such facilities. The district itself shall not provide retail and commercial goods and services at transfer facilities pursuant to this section, except for the sale of mass transportation tickets, tokens, passes, and other transactions directly and necessarily related to the operation of a mass transportation system. The district may negotiate and enter into agreements with third parties to provide any of the goods and services or other uses contemplated under this section.

(2.5)

The district shall notify and obtain the approval of the executive director of the department of transportation before negotiating and entering into any agreement with any person or public entity for the provision of retail and commercial goods and services to the public or the provision of residential uses or other uses at a transfer facility that is located on property that is owned by the department of transportation and leased to the district for the operation of such transfer facility.

(3)

Any person obtaining the use of any portion of a transfer facility for the provision of retail or commercial goods or services or for the provision of residential uses or other uses shall be required to compensate the district by payment of rent at fair market value, or, at the discretion of the district, by the provision of services or capital improvements to facilities used in transit services, alone or in combination with rental payments, such that the total benefit to the district is not less than the fair market rental value of the property used by the person.

(4)

The use of a transfer facility for the provision of retail or commercial goods or services or for the provision of residential uses or other uses shall not be permitted if the use would reduce transit services. The provision of retail and commercial goods and services or the provision of residential uses or other uses at transfer facilities shall be designed to offer convenience to transit customers and shall be conducted in a manner that encourages multimodal access from all users.

(5)

Any development of any portion of a transfer facility made available by the district for the provision of retail or commercial goods or services or for the provision of residential uses or other uses shall be subject to all applicable local zoning ordinances.

(6)

Subject to subsection (2.5) of this section, section 43-3-101 (3), C.R.S., shall not bar the provision or sale of retail or commercial goods or services or the provision of residential uses or other uses conducted in accordance with the provisions of this section upon any property owned by the Colorado department of transportation and leased to the district for the operation of transfer facilities.

Source: Section 32-9-119.8 — Provision of retail and commercial goods and services at district transfer facilities - residential and other uses at district transfer facilities permitted - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-32.­pdf (accessed Oct. 20, 2023).

32‑9‑101
Short title 32‑9‑102
Legislative declaration 32‑9‑103
Definitions 32‑9‑104
Liberal construction 32‑9‑105
Creation of district 32‑9‑106.1
District area 32‑9‑106.6
Additional district areas as a result of annexation 32‑9‑106.7
Additional district area - petition or election - required filings - definitions 32‑9‑106.8
Additional district areas - annexation of unincorporated territory that is entirely surrounded by the district 32‑9‑106.9
District area - town of Castle Rock in Douglas county 32‑9‑107
Mass transportation system 32‑9‑107.5
Regional fixed guideway mass transit system - authorization 32‑9‑107.7
Regional fixed guideway mass transit systems - construction - authorization 32‑9‑109.5
Board of directors - membership - powers 32‑9‑111
Election of directors - dates - terms 32‑9‑112
Vacancies - appointments - recall 32‑9‑113
Fidelity bonds 32‑9‑114
Board’s administrative powers 32‑9‑115
Records of board - audits 32‑9‑116
Meetings of board 32‑9‑117
Compensation of directors 32‑9‑118
Conflicts in interest prohibited 32‑9‑119
Additional powers of district 32‑9‑119.1
Transportation expansion plan - utility relocation - legislative declaration - definitions 32‑9‑119.3
Elections for sales tax rate increase 32‑9‑119.4
Election for a sales tax rate increase - petition requirement 32‑9‑119.5
Competition to provide vehicular service within the regional transportation district - definition 32‑9‑119.7
Cost efficiency of transit services - reporting - plans 32‑9‑119.8
Provision of retail and commercial goods and services at district transfer facilities - residential and other uses at district transfer facilities permitted - definitions 32‑9‑119.9
Limited authority to charge fees for parking - reserved parking spaces - penalties - definitions 32‑9‑120
Levy of taxes - limitations 32‑9‑121
Levies to cover deficiencies 32‑9‑122
Levying and collecting taxes - lien 32‑9‑123
Delinquent taxes 32‑9‑123.5
Prohibition on borrowing by district 32‑9‑124
Forms of borrowing 32‑9‑125
Issuance of notes 32‑9‑126
Issuance of warrants 32‑9‑127
Maturities of notes and warrants 32‑9‑128
Incurrence of special obligations 32‑9‑128.5
Private activity and exempt facility bonds 32‑9‑129
Issuance of temporary bonds 32‑9‑130
Issuance of interim notes 32‑9‑131
Pledge of proceeds of sales taxes and revenues 32‑9‑132
Ranking among different issues 32‑9‑133
Ranking in same issue 32‑9‑134
Payment recital in securities 32‑9‑135
Incontestable recital in securities 32‑9‑136
Limitation upon payment 32‑9‑137
Security details 32‑9‑138
Negotiability 32‑9‑139
Single bonds 32‑9‑140
Sale of securities 32‑9‑141
Application of proceeds 32‑9‑142
Use of unexpended proceeds 32‑9‑143
Covenants in security proceedings 32‑9‑144
Remedies of security holders 32‑9‑145
Limitations upon liabilities 32‑9‑146
Interest after maturity 32‑9‑147
Refunding bonds 32‑9‑148
Issuance of interim notes 32‑9‑149
Elections 32‑9‑150
Election resolution 32‑9‑151
Conduct and costs of elections 32‑9‑156
District - tax exempted 32‑9‑158
Merger, consolidation, or assumption of district 32‑9‑159
Freedom from judicial process 32‑9‑160
Misdemeanors 32‑9‑161
Eminent domain 32‑9‑162
Money management 32‑9‑163
Investment management 32‑9‑164
Custodians
Green check means up to date. Up to date

Current through Fall 2024

§ 32-9-119.8’s source at colorado​.gov