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HomeMy WebLinkAboutPlanning And Zoning Board - Minutes - 06/21/2001E E Planning and Zoning Board Minutes 6:30 Council Liaison: Karen Weitkunat Staff Liaison: Cameron Gloss Chairperson: Jerry Gavaldon Phone: (H) 484-2034 Vice Chair: Mikal Torgerson Phone: 416-7431 Chairperson Gavaldon called the meeting to order at 6:35 p.m. Roll Call: Meyer, Torgerson, Bernth, Carpenter, Gavaldon, Members Craig and Colton were absent. Staff Present: Gloss, Eckman, Shepard, Jones, Waldo, Stringer, Wamhoff, Virata, Schlueter, Manci, Reiff, M. Jackson, Stanford, Macklin. Agenda Review: Director of Current Planning Cameron Gloss reviewed the Consent and Discussion Agendas: Consent Agenda: 1. Minutes of the November 16 and December 7, 2000 Planning and Zoning Board Hearings (CONTINUED). 2. #56-98M Modification of Standards — The Willow at Rigden Farm (PULLED FOR DISCUSSION BY BOARD) 3. #17-01 Modification of Standards — Collindale Golf Course Clubhouse Discussion Agenda: 4. Northern Colorado Regional Communities 1-25 Corridor Plan (Recommendation to City Council) 5. #1-95C New Belgium Brewery — Overall Development Plan 6. #28-98B Old Town North — Overall Development Plan 7. #28-99A Old Town North — Project Development Plan 8. #16-01 Ridgeview Classical Charter School — Site Plan Advisory Review Member Torgerson declared a conflict on item #5 — New Belgium Brewery — Overall Development Plan, File #1-95C. Chairman Gavaldon declared a conflict on item #8 — Ridgeview Classical Charter School — Site Plan Advisory Review, File #16-01. 0 Member Torgerson moved for approval of the Consent Agenda item 3. Planning and Zoning Board Minutes June 21, 2001 Page 2 Member Meyer seconded the motion. The motion was approved 5-0. Project: Modification of Standards — The Willow at Rigden Farm, File #56-98M Project Description: Request to modify two sections of the Land Use Code for the Willow at Rigden Farm (Tract D). The first is a request to reduce required setback from non -arterial streets, and the other is to modify the zero lot line setback requirements. Recommendation: Approval with Conditions Hearina Testimonv, Written Comments and Other Evidence: Troy Jones, Current Planning, gave the staff presentation. He discussed the structure plan and the zoning of the Rigden Farm area. He discussed the setback standards for these zone districts. The residential setback for an arterial is 30 feet. For non -arterial streets, the setbacks are dependent upon the zone district and other criteria. He showed illustrations of different setbacks in order to provide visual images of those. He discussed the motor court proposal that would centralize the garages into one area, keeping the streetscape and areas between homes free of garages. Staff is recommending approval of the requests for modification. Vince Fredrickson, VTBS Architects, gave the applicant's presentation. The plan is for a mixed -use development with a motor court, which will house the garages and parking areas. The setback requirements are a result of this motor court and the arrangement of the structures. CITIZEN INPUT Randall La Coco, resident of Dakota Ridge, stated his concern over the density of the project and the effect that changed setbacks will have on the density. He stated concern over the 'averaging' of dwelling unit numbers to meet zoning requirements at the ODP stage. He added that the modification does not meet the intent of the Land Use Code and it is detrimental to the public good. He asked the Board to deny the requests for modification. • Planning and Zoning Board Minutes June 21, 2001 Page 3 Scott Griffin, representative of Rigden Farm, stated that the Dakota Ridge and Stoneridge residents requested that larger lots back up against their developments. In order to average these larger lots out, areas of about 10 dwelling units per acre had to be used. Member Carpenter asked if semi-public or semi -private space was considered regarding these setback modification requests. Planner Jones replied that a pedestrian -oriented street front is being promoted by the request, Additionally, a variety of building materials is being used and the reduction in setbacks allows the pedestrian to be closer to the structures which allows the architectural styling to be viewed more readily. Thus, the detailing and design covenants need to be somewhat stricter. Member Torgerson asked if any elevations in the packet detailed the motor court. Planner Jones replied that they did not but provided the Board with the copy he had. Chairman Gavaldon stated that this rendering would not be final because the PDP has not yet been submitted. Planner Jones replied that there is no formal connection between the rendered elevation and what the final elevations would be on the PDP submittal. He asked if it would be appropriate for the Board to put conditions on an approval regarding the variety of building materials, etc. Paul Eckman, Deputy City Attorney, replied that conditions as per the drawings could be used but worded conditions would be difficult to form and enforce. Planner Jones stated that perhaps the condition could involve adhering to the general aspects of the drawings, leaving staff or the Planning Director in charge of making that decision. Mr. Fredrickson replied that the drawings were based on the design standards for Rigden Farm. He added that there are currently no changes planned for what is being proposed. Member Torgerson asked if the density on each parcel was identified at the ODP level or if the developer decided where the shifts occurred. If it were the developer, is there flexibility there anyway? rI L_j Planning and Zoning Board Minutes June 21, 2001 Page 4 Planner Jones replied that the developer has proposed 10 dwelling units per acre. They could propose more or less and still be consistent with the ODP. Member Torgerson stated that the issue of density was decided a while ago at the ODP stage and is therefore outside this discussion. The lowest density could be 8 units per acre and would therefore never be completely compatible with the 3 units per acre in the Dakota Ridge area. Member Bemth moved for approval of the modification request for the Willow at Rigden Farm, File #56-98M, subject to the condition that maintenance access easement be provided on the adjacent lot at the time of platting. In addition, with respect to the Willow at Rigden Farm elevations by Slayt Construction, the general overall standards are adhered to with staff having the final recommendation on the final elevations. Member Torgerson seconded the motion. Member Carpenter stated that she would support the motion but was concerned with the analysis. Bringing the building closer does not advance the public interests. We need to be very careful that the details and variations are present to make the structures visually appealing when they are this close to the road. Member Torgerson agreed that details are important but the plan advanced the purposes of the standard better than compliance primarily because of the motor court concept that will make the streets more pedestrian friendly. Chairman Gavaldon stated concern of making changes to the standards without substantial return to the community. He stated that this particular setback variance works but not all similar requests would. He recommended strong performance standards for developments requesting setback variations. He stated that he would support the motion. Member Meyer thanked Planner Jones for the visual images of the different setbacks. The motion was approved 5-0. Planning and Zoning Board Minutes June 21, 2001 Page 5 Project: Northern Colorado Regional Communities 1-25 Corridor Plan Project Description: Recommendation to City Council for adoption of the regional plan as an element of the City's Comprehensive Plan. Recommendation: Recommendation to City Council Hearina Testimony, Written Comments and Other Evidence: Ken Waido, Advance Planning, and Ben Herman, Clarion Associates, gave the staff/consultant presentation. He gave an overview of the project and addressed the implementation strategies. This is a regional plan involving six communities and two counties as well as the Colorado Department of Transportation and the North Front Range MPO. He went into detail about the transportation plan, open space issues, and development plans. He also discussed the implementation strategies including plan administration and financing. He stated that this plan is not meant to stimulate corridor development but rather respond to development that has already been approved. Citizen Input Mike Byrne, former Fort Collins representative to the 1-25 Corridor Policy and Oversight Committee, spoke about the rapid growth in our area and the urgent need to address the resulting problems regionally. The 1-25 plan is a significant first step in greater regional cooperation. We do not live in a homogenous society in terms of growth - management views. He acknowledged the concern over transportation costs and conservation issues. He stated that regional planning is not unique. Regional plans are necessary to successfully deal with development and its consequences. This plan does not eliminate uncertainty but it does lie out a plan for proceeding. The greatest risk is that elected officials will pull back. Kelley Olson, Fort Collins resident and former mayor, stated that this plan is not even close to being ready for implementation and it is worse than no plan at all. The plan encourages the worst kind of sprawl. The open space plan was basically an afterthought and is incomplete. Building more roads in a high -growth area does not help traffic congestion. He suggested killing the plan and sending the plan back to be redesigned. Nancy York, Fort Collins resident and member of the Fort Collins Air Quality Advisory Board, stated that there are no benefits to this plan for the 'ordinary' citizen, particularly Planning and Zoning Board Minutes June 21, 2001 Page 6 when the transportation bill is to be paid by taxpayers. She stated that the mass transit system is not developed in the plan and that the only evident plan is to widen and construct more streets. We need to consider global warming, petroleum limits, and the necessity to drive further because of sprawl. The proximity of housing to the road is a concern because of noxious fumes emitted from vehicles. She added that there is not an air quality evaluation on the plan. Karen Wagner, a focus group member representing the Larimer County Environmental Advisory Board, stated that the public process has been lacking and that there is still time for a wider public dialogue. She questioned the vision and whether or not it would duplicate the sprawling, interstate development that people coming here are attempting to escape. She also questioned the adaptation of the plan to City Plan and the burden on taxpayers. Georgia Locker, member of the League of Women Voters of Larimer County, stated that the design standards should be fine-tuned and that the open lands/natural areas policy should be expanded before adoption. Regional planning is essential but adopting a plan in which so many vital issues remain not addressed seems ill advised. Chairman Gavaldon stated that having a framework and outline is better than having no plan at all. Growth cannot be stopped without voting against it; it needs to be managed appropriately and honestly. Though the plan may not address all issues thoroughly, it does provide an outline to work with. The details will work out as the plan is implemented. He encouraged looking at priorities during implementation. He stated that having a plan is better than having no plan and it can be modified and adjusted to work. Member Bemth responded to the citizen's comment that the public process was lacking. He stated that anyone who wanted to be part of the process was certainly able to be part of the process. It is true that some people just don't care. He agreed with Mr. Olson, stating that he would rather have four -lane bike trails and two-lane road rather than the opposite and that building more roads will not alleviate the growth issues. He added that having a plan was a good start, however. Having a plan would provide something from which ideas could deviate. Due to the sense of urgency, he stated his support for the plan. Member Carpenter stated that this was an incredible effort by many diverse groups with different attitudes and beliefs. There needs to be follow-up work to this plan. Communities with less -developed planning departments were introduced to some ideas that they had perhaps not thought about previously. She stated that she would support the plan because regional planning is critical to maintain a high quality of life for the region. • • Planning and Zoning Board Minutes June 21, 2001 Page 7 Member Torgerson stated his support of the plan. He stated that necessary improvements could be made at the implementation stage. The staff that initiated this are true visionaries — it was the first regional cooperation plan between this many entities anywhere on the Front Range. He stated his support for the preservation of future right-of-way for this transportation network and added that it is important that this type of thing be placed on our Master Street Plan. There is a difference between building roads and building parallel roadway systems so 1-25 can function as a freeway and not the " "main street" for the Front Range. He stated his approval of the transportation component of the plan. We've seen a lack of leadership from our State Legislature in terms of regional growth; we've seen a lack of leadership on the part of many surrounding towns as well. Though this plan may not address all concerns, it is a start. He encouraged all speakers to remain involved in the implementation stages. It is important for Fort Collins to allow for the future parallel road system to relieve congestion. Member Meyer stated her agreement with Member Carpenter — the regional aspect of the plan is critical. Fort Collins is no longer a city in the 'middle of nowhere, 'we need to work with surrounding communities. Although this plan may have its faults, we need to start somewhere and it will change. Member Torgerson moved to recommend approval of the 1-25 Corridor Plan. Member Carpenter seconded the motion. Chairman Gavaldon stated that this plan is trying to prevent future outcomes like those of the T-REX plan in Denver, which is causing many businesses to relocate. It is important to plan ahead to keep that from happening. The motion was approved 5-0. Project: Project Description: 0 Recommendation: New Belgium Brewery — Overall Development Plan, File #1-95C Request for an overall development plan on approximately 49 acres. The property is located at the northeast corner of Linden Street and Buckingham Street and includes the vacant property east to Lemay Avenue. The parcel is zoned I — Industrial. Approval Planning and Zoning Board Minutes June 21, 2001 Page 8 Hearin Testimonv. Written Comments and Other Evidence: Ted Shepard, Current Planning, gave the staff presentation. The request is for an Overall Development Plan on 49 acres. Anticipated land uses include an expansion of the brewery, a water treatment facility, industrial uses and a community building. All of the uses are permitted in the Industrial zone district. The ODP also includes a potential future rail spur. Alternative compliance is being sought to satisfy the street connection standard. The standard would normally call for First, Second, and Third Streets to extend into the site. Staff and the applicant are requesting that they not because this is a large industrial site and not a neighborhood. Staff is recommending approval of the ODP. Angela Milewski, BHA Design, gave the applicant's presentation. She discussed New Belgium Brewery's history and community involvement as it relates to the Land Use Code and City Plan. She discussed the advanced recycling and reusing techniques used by the brewery. In terms of timing, it is anticipated that the water treatment facility would be developed first, followed by the west end of the brewery expansion, and finally the community center. The access points meet or exceed the Land Use Code requirements. The request for alternative compliance regarding the street connections would keep traffic from using the residential streets to directly access the brewery. The possible rail spur would serve both New Belgium and the City of Fort Collins Streets Facility. New Belgium has and will continue to work closely with neighbors as this project continues. Citizen Input Betty Aragon, 140 Second Street spoke on behalf of the Buckingham neighborhood. She stated opposition to the proposal adding that the Buckingham and Andersonville neighborhoods are two of the oldest in Fort Collins yet they house two breweries and a nightclub. She stated that the expansion is not compatible to the neighborhoods and will affect their quality of life. Ms. Aragon presented a petition against the project signed by neighbors. Ruben Ramirez, former Buckingham resident, stated concern over the heavy equipment trucks travelling the neighborhood streets. He asked how many Hispanic local residents had been hired at New Belgium. Cherde Willie, Buckingham resident, stated that the brewery is a wonderful company for Fort Collins. She stated concern about the landscaping and added that she would like a landscaped buffer zone between the new production part of the facility. She also stated concern over the truck traffic. Planning and Zoning Board Minutes June 21, 2001 Page 9 Kim Jordan, CEO and Owner of New Belgium Brewery stated that New Belgium Brewing Company does not 'look down' on the residents of the neighborhoods. New Belgium has tried to do the best thing possible with regard to traffic. Ms. Milewski stated that a sign is posted in the Brewery instructing trucks not to travel down Buckingham, First, Second, or Third Streets. In terms of landscaping, definite plans have not yet been made but the Land Use Code criteria will be met or exceeded. Member Bemth asked Ms. Aragon why she had supported the Wal-Mart coming into the neighborhood but opposes this project. Ms. Aragon replied that she supported the Wal-Mart because it will provide convenience and affordable shopping to the North side of town. One of the Wal-Mart developers, Mr. Goldberg, donated $90,000 to a Hispanic heritage museum. She added that the brewery has not contributed to the neighborhood despite the fact that they may try to be a good neighbor. The breweries and nightclub are not positive images for the children of the neighbors. Chairman Gavaldon asked about the smell issue and possible mitigation. Planner Shepard replied that there is no requirement for mitigation at the ODP level. Technologies and Code standards exist but applying them to a brewery is not yet certain. Chairman Gavaldon asked if any of the development was in the floodplain. Planner Shepard replied that none of the property is in the 100-year floodplain but a portion of the property is in the 500-year floodplain. Portions of the water treatment facility have to be out of the 500-year floodplain. Member Carpenter moved for approval of the alternative compliance request for New Belgium Brewery ODP, File #1-95C. Member Bernth seconded the motion. Chairman Gavaldon stated that certain criteria will be followed for the PDP application and that New Belgium will have to work closely with the neighbors to come up with a compatible plan. He stated that he would support the ODP and encouraged the neighbors to stay involved through the PDP process. 9 The motion was approved 4-0. Planning and Zoning Board Minutes June 21, 2001 Page 10 Member Meyer moved for approval of the New Belgium Brewery Overall Development Plan, File #1-95C. Member Carpenter seconded the motion. The motion was approved 4-0. Project: Old Town North, Overall Development Plan, File #28-99B Project Description: Request for an overall development plan for a 45-acre mixed use development. The site is located northeast of the intersection of Vine Drive and College Avenue. The site is in the Community Commercial — North College (CCN) zone district. Recommendation: Approval Project: Old Town North, Project Development Plan, File #28-99A Project Description: Request for a project development plan for a 30-acre mixed use development. This includes 138 single family detached homes, 88 single family attached homes, and 30 mixed use dwellings; 10% of the units will meet the City of Fort Collins requirements for affordable housing. Request for three modifications of standards — one to reduce the minimum side yard setback, one to reduce the required setback along non -arterial streets, and one to allow home occupations to be located in rear yard detached accessory buildings. Recommendation: Approval Planning and Zoning Board Minutes June 21, 2001 Page 11 Hearina Testimony, Written Comments and Other Evidence: Troy Jones, Current Planning, gave the staff presentation. The Overall Development Plan and Project Development Plan were combined into one staff presentation. He discussed the site including the riparian forest that has been identified on the City's Natural Habitats and Features Inventory as substantial and worth preserving. There are two alternative compliance requests as part of this application. One is for connectivity to the arterial where a pedestrian/bicycle connection would be made rather than a required street connection. This alternative compliance has been recommended by staff in order to decrease the number of bridge crossings over the channel in the floodplain area. The second issue for alternative compliance involves decreasing street connections to lessen the impact on the riparian natural area. Chairman Gavaldon asked if the ODP density has any effect on the PDP. Planner Jones replied that the zoning of the property (CCN) requires that the property be developed at least 5 dwelling units per acre and there is no stated maximum. The project is proposing 5.5 dwelling units per acre. The Project Development Plan includes a modification request for setbacks required from a non -arterial street. The second modification request is for the zero lot line standard. The applicant would like a use easement between houses, allowing the entire 8-foot yard side yard to be used for each house rather than four feet per house. The applicant is also asking for a modification request to allow home occupations in detached garages. Staff recommends approval of the ODP, the alternative compliance requests within the ODP, the PDP, and the modification requests within the PDP. Monica Sweer, Old Town North LLC, gave the applicant's presentation. She discussed the project's goals: to meet an affordable housing, to provide an infill project, and to meet a new urbanism land planning concept that facilitates a greater sense of community. Russ Lee, BHA Design, discussed the site planning and landscape architecture of the project. Jim Martel, representing the applicant, discussed the alternative compliance and modification requests noting that these requests must meet or exceed the standards of the Land Use Code. He stated that skepticism about affordable housing should be decreased as it is a very important need for the community. The applicant is requesting the home occupation variance on the entire project. Planning and Zoning Board Minutes June 21,2001 Page 12 Citizen Input Dan Nardheuse, 6132 Polaris Drive, stated his approval and support for the affordable housing project. Chairman Gavaldon asked about the home occupation variance being for the entire project. Planner Jones replied that the Staff Report does allow the variance for the entire project. Chairman Gavaldon asked about the new Staff Report distributed at the meeting. Planner Jones replied that the modification request needed to be changed to the side yard setback rather than the front yard setback — it was a misunderstanding between staff and the applicant. Member Carpenter asked if every home in the area could have a home occupation. Planner Jones replied that they could if parking requirements could be satisfied. The parking requirement would be for adequate off-street parking which would meet the needs of the home occupation. Member Carpenter asked if there would be a mix of separate dwelling units and home occupations or just home occupation. Planner Jones replied that as the units are sold, the buyer will have the option to have nothing, a carriage unit, or home occupation, above the garage. Ms. Sweer stated that all the homes are allowed to have a home occupation. The challenge is that a detached garage or accessory unit requires special permission to have a home occupation. Staff suggested seeking this modification for the entire site to serve future homeowners in the community and to decrease the number of future modification requests. Member Carpenter asked if second dwelling units would be allowed above the garages or just home occupations. Ms. Sweer replied that it would just be home occupations and that second dwelling units would be difficult to have above the detached garages because separate water and sewer taps would be required. Planning and Zoning Board Minutes June 21, 2001 Page 13 Member Torgerson asked if there was a specific density requested in the C DP. if so, that would preclude second dwelling units from being added. Planner Jones stated that a major amendment would be required to change the specific density. Member Torgerson stated that if the ODP were approved as proposed, adding second dwelling units would not be an option. Mr. Lee stated that the gross density of the project, on the PDP level, is 7 units per acre. Member Torgerson and Mr. Lee agreed that a range of density should be stated rather than a speck number for the ODP, thus allowing second dwelling units in the future. Planner Jones stated that the range of density should be from 5.5 to 11 units per acre for the ODP in order to allow second dwelling units above detached garages. Member Bemth moved for approval of the Old Town North Overall Development Plan, File #28-99B, and the requests for alternative compliance. The density will be changed to a range from 5.5 to 11 units per acre. Member Torgerson seconded the motion. The motion was approved 5-0. Member Torgerson moved for approval of the request for modification to Land Use Code Article 3.5.2(D)(2) for the Old Town North Project Development Plan, File #28-99A. Member Bemth seconded the motion. The motion was approved 5-0. Member Torgerson moved for approval of the request for modification to Land Use Code Article 3.5.2(D)(3) for the Old Town North Project Development Plan, File #28-99A. Member Bemth seconded the motion. I* Member Carpenter referred to Mr. Martel's comment about the City approving setbacks. She stated that setbacks are approved when they meet the Code equally well or better Planning and Zoning Board Minutes June 21, 2001 Page 14 than a compliant setback. She added that the issue of two sewer and water taps for carriage houses should be addressed because it would help affordable housing. The motion was approved 5-0. Member Torgerson moved for approval of the request for modification to Land Use Code Article 3.8.3(1) for the Old Town North Project Development Plan, File #28-99A. Member Bernth seconded the motion. Chairman Gavaldon stated that having affordable housing allowing home occupations might present a conflict. He stated that he would support the motion. Member Torgerson stated that the request was not made based on affordable housing but that it would not be detrimental to the public good. Chairman Gavaldon stated that he still struggled with the affordability of allowing home occupations. The motion was approved 5-0. Member Bernth moved for approval of the Old Town North Project Development Plan, File #28-09A. Member Meyer seconded the motion. The motion was approved 5-0. Project: Ridgeview Classical Charter School — Site Plan Advisory Review, File #16-01 Project Description: Request to convert an existing church building, located at the southeast comer of Lemay Avenue and Stewart Street, into a charter school. The plan includes a remodel of the interior of the building, and an addition of 12,133 square feet along the Lemay Avenue frontage. Planning and Zoning Board Minutes June 21, 2001 Page 15 Recommendation: Staff has no recommendation for this project Hearina Testimony, Written Comments and Other Evidence: Brian Grubb, Current Planning, gave the staff presentation. He opted to allow the applicant to give the presentation due to the relatively small amount of information that has been received by the staff. Jeanie Fielding, with the architectural and engineering firm that is representing Ridgeview Classical Schools. The site will be shared with the church until the church has completed its new facility and will then be completely converted to the school. The first phase includes a limited remodel of some of the existing church facilities, and the installation of temporaries that will be used until the summer of 2002 when the church will vacate the facility. The school is Kindergarten through 11t' grade and has about 360 students enrolled. The addition to the church building is the second phase. The third phase will be remodeled with the rest of the existing church facility as the church moves out. Parking is adequate at this time, both during the week and weekends. The drop-off loop will have little impact on the neighborhood. Kim Miller, member of the Ridgeview Classical School Board of Directors, spoke about some of the school's programs and uses. Planner Grubb stated that the Board was not provided with a recommendation because of some outstanding issues. The first issue is that there is not yet a transportation impact study. The IGA with Poudre School District states that the School District will address it's own transportation impacts, thus requiring a Traffic Impact Study. The proposed drop-off situation may not be what is going to actually occur; a TIS could also determine this. The drainage and detention issue has also not been adequately addressed. There is also concern about not having enough open and playground area for the students. The Board has 30 days to comment on the site plan as per state statute; the end of that 30 days is today at midnight. The options are to comment or request a hearing in front of the School Board. Shirley Christian, resident of the Stonehenge neighborhood, stated that the plans for the school facility are so incomplete that there is no way to tell for certain how it will look. Her concerns include the condensed timeline for the project and the fact that the budget is not sufficient enough to meet certain City goals, including a TIS, landscaping plan, and detailed design plan. Leonard Smith, resident of the area, stated his support for the school. 0 Planning and Zoning Board Minutes June 21, 2001 Page 16 David Kloyd, Stewart Professional Park, stated concern over the parking area between the property and Stewart Professional Park. He also stated concern over the traffic impacts. Member Carpenter asked if staff believes there is not enough information to comment, and can they request a hearing before the School Board. Paul Eckman, Deputy City Attorney, stated that the Board could comment before midnight or request a hearing before the School Board. Ms. Fielding gave the applicant's rebuttal. She stated that as the new design drawings get completed, they would share those with the Board and the City. She added that the stormwater and detention pond issues would be taken care of as the process continues. The playground will be in the last phase of development since they will not have access to develop the site while it is being shared with the church. She stated that the landscaping requirements have been met for the most part and that the parking issues have already been considered. Ms. Miller stated that the school would be appropriated funds from the School District on July 1$`. Also, they wanted to get the facility ready for school to start on September 4t'. Members Meyer, Bemth, and Carpenter stated that there was not enough information to make any kind of comment on the project. Member Torgerson stated that denial could be recommended based on the lack of information. Mr. Eckman stated that the motion might not be denial but more a comment that the project should not be built due to the fact that it is not within the purview of the Board to deny the project. Member Carpenter stated that she was uncomfortable with saying the project shouldn't be built because there isn't enough information to even say that. Planning Director Gloss stated that specific concerns have arisen including the lack of a TIS, inadequate parking and drop-off, inadequate detention and drainage, inadequate playground space, inadequate landscaping, and no elevation drawings. He stated that these specific comments could be offered to the governing body of the charter school. Mr. Eckman stated that these comments need to be made by midnight and that the Board can then invite a response to the comments. Following the response, the Board then has a right to request a hearing before the Poudre R-1 Board of Education. Planning and Zoning Board Minutes June 21, 2001 Page 17 Member Meyer moved that comments include the missing TIS, the pick-up and drop-off concerns, the inadequate drainage, playground space, and landscaping, and parking concerns. Member Carpenter seconded the motion. The motion was approved 4-0. Mr. Eckman stated that the Board should now allow the governing board of the school to respond either this evening or at the next meeting. Ms. Miller stated that they would like to respond this evening. Ms. Fielding stated that they have spoken with Eric Bracke, Streets Department, and he would not require a TIS if the school could outline the schedule of the drop-off and parking requirements. Also, Glen Schlueter of the Stormwater department has analyzed the drainage plan. As the size of the new facility is determined, a drainage report will be completed in-house. She stated that quantities of landscaping meet the standards. The first phase, involving interior remodel and temporary buildings does not usually come before the City. The second phase, for which design has not yet been completed, would be the point at which the proposal is usually submitted. She stated that an additional submittal could be done at phase two in order to address concerns. Ms. Miller stated that parent volunteers would help with parking lot management and a playground would be added during the second year. She added that the school does want to work with neighbors and the addition will be complimentary to the existing building. Mr. Eckman stated that the Board has now heard the response to their comments according to Colorado Revised Statute 22.32.124(1.5). Now, if the Board is not satisfied with the response, they may request a hearing before the Board of Education regarding the plan. This hearing must occur within 30 days of being requested. After that hearing, the charter school may proceed with its site development plan unless the Board of Education passes a resolution prohibiting it from happening. He added that the State Statute regarding public buildings does not apply in this case because the school would not be considered a public building. Member Torgerson asked the applicant if the school would be considered a public building. Ms. Miller replied that it is not a public building, it is a charter school and falls under the original statute discussed. Planning and Zoning Board Minutes June 21, 2001 Page 18 Planner Grubb stated that Eric Bracke determined that a TIS is needed with emphasis placed on circulation and drop-off. He added that the phasing needs to be seen in plan form. A feasibility analysis has not even been completed. Member Meyer stated that she cannot make any statements without being able to see anything. Member Meyer moved to request a hearing before the Poudre School Board of Education regarding the plan. Member Carpenter seconded the motion. Member Bemth stated that there is no reason to treat a charter school differently than private developer and he would support the motion. Member Torgerson stated that he too would support the motion. He is a supporter of charter schools but cannot understand treating them differently than any other developer. The motion was approved 4-0. OTHER BUSINESS None. The meeting was adjourned at 12:45 a.m