The Proposed Home Rule Charter Amendment

Title: Let the People Decide – Required Voter Approval for
Major Development and Zoning Decisions in Telluride

 

WHEREAS, the Colorado Constitution (Art. X, Sec. 20) affirms that voters must approve any long-term public debt, ensuring that major financial decisions reflect the will of the people;

 

WHEREAS, this principle — a cornerstone of the TABOR Amendment — protects taxpayers by requiring democratic oversight of significant public commitments;

 

WHEREAS, Colorado courts have permitted public entities to bypass voter approval for major development projects if financed by project-specific revenue bonds, creating a loophole that sidesteps public input;

 

WHEREAS, this judicial exception has led to situations where transformational developments can proceed without meaningful voter consent — even when they reshape the character, economy, and infrastructure of our Town;

 

WHEREAS, the Town Council currently holds the authority to approve commercial rezoning and amend Planned Unit Developments (PUDs) with long-lasting impact on Telluride’s future, without requiring a vote of the people;

 

WHEREAS, the purpose of this Charter amendment is to return power where it belongs — with the voters — by ensuring that the public has a direct voice in high-cost Town-funded projects, major commercial zoning changes, and the extension of Town water service for large-scale developments;

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This petition will submit to the voters the question of whether to adopt the following amendment to the Telluride Town Charter.

 

NOW, THEREFORE, BE IT ORDAINED BY THE QUALIFIED ELECTORS OF THE TOWN OF TELLURIDE:

 

Article XIV (Miscellaneous Legal Provisions) of the Telluride Home Rule Charter is amended to add Section 14.9 as follows:

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Section 14.9 – Voter Approval Required for Major Development Actions

 

A. Voter Approval of Large Town Projects

 

Any future Town Project — including those undertaken by the Town in whole, or in partnership with any other governmental entity, subdivision, authority, or district — shall require voter approval if the total estimated cost of the entire project meets or exceeds Ten Million Dollars ($10,000,000). This “Payment Threshold” includes all associated costs: interest, acquisition, design, planning, debt, construction, and consulting. The threshold shall adjust annually based on the Consumer Price Index (CPI).

1. For phased or multi-stage projects, the total cost of the entire project determines the Payment Threshold for voter approval.

2. In the event of reasonable disagreement over whether a project meets this threshold, the matter shall be submitted to the voters for final determination.

3. At least 30 days before any such election, the Town shall publish a transparent construction pro forma, detailing anticipated costs including loan terms, bond details, land acquisition, lease-back structures, and projected revenues.

 

B. Voter Approval of Major Commercial Zoning Changes

Voter approval is required for:

1. Any future rezoning or PUD amendment for commercial purposes that would result in third-party development with an expected total project cost exceeding Twenty Million Dollars ($20,000,000) (the “Zoning Threshold”), whether built in phases or all at once;

2. Any such prior-approved project where construction has not yet commenced.

This Zoning Threshold shall also adjust annually based on CPI inflation rates.

 

C. Voter Approval for Water Service to Large-Scale New Developments

The Town electorate must approve any new municipal water service extension to property that:

1. Lies outside Town-annexed boundaries,

2. Is not currently connected to or activated for Town water, and

3. Will reasonably require more than 10 new residential taps or one new commercial tap.

We, the undersigned, being of lawful age and duly sworn, declare ourselves to be the Petitioners’ Committee responsible for circulating and properly filing the petition for this Home Rule Charter amendment.

 

1. Erin L. Ries, 532 West Colorado Ave., Telluride, CO 81435

2. Greg Carberry, 572 West Colorado Ave., Telluride, CO 81435

3. John Roth, 444 West Columbia Ave., Telluride, CO 81435

4. Tom Taylor, 436 West Colorado Ave., Telluride, CO 81435

5. Rick Silverman, 308 North Willow St., Telluride, CO 81435