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HomeMy WebLinkAboutGLOBAL VILLAGE ACADEMY II - SITE PLAN ADVISORY REVIEW - SPA150001 - CORRESPONDENCE - TRANSPORTATION ISSUE (3)Page 4 of 4 C.R.S. 22-32-124 (g) School buildings shall be maintained in accordance with the fire code adopted by the director of the division pursuant to section 24-33.5-1203.5. C.R.S. (3) (Deleted by amendment, L. 2009, (HB 09-1151), ch. 230, P. 1045 § 1, effective January 1, 2010.) History Source: L. 64: p. 590, § 25. C.R.S. 1963: § 123-30-25.L. 81: Entire section amended, p. 1064, § 1, effective June 12.L. 84: (I) R&RE and (2) amended, pp. 599, 600, § § 1, 2, effective April 5.L. 85: (2) amended, p. 338, § 6, effective July I.L. 86: Entire section amended, p. 499, § 118, effective March 26.L. 98: (2)(b) amended, p. 1331, § 41, effective June I.L. 2000: (1.5) added, p. 519, § 2, effective August 2.L. 2001: (1), (2), and (3) amended, p. 1138, § 66, effective June 5.L. 2004: (2) amended, p. 1592, § 28, effective June 3; (1.5) amended, p. 1635, § 39, effective July I.L. 2006: (1), (2), and (3) amended, p. 1355, § 2, effective July I.L. 2007: (2)(a)(IV) amended, p. 2031, § 44, effective June I.L. 2008: (2)(a), (2)(b), (2)(c), and (3) amended, p. 1084, § 1, effective August 5.L. 2009: (1), (2)(a)(1), (2)(a)(I1), (2)(a)(M), (2)(a)(IV), (2)(a)(V), (2)(b), (2)(c), (2)(e), and (3) amended and (2)(g) added, (1113 09- 1151), ch. 230. p. 1045. 5 1, effective January 1, 2010.L. 2011: (2)(a)(I)(A) amended, f SB 11-251), ch. 240, p. 1043, § 4, effective June 30.L. 2012: (1)(c) amended, (HB 12-1283). ch. 240 n- 1132. § 41, effective July I.L. 2013: (1)(a.5) added, Li8_13-279; ch, 4.13, c). 2451, S 3, effective August 7. Annotations Notes Cross references: For the legislative declaration in the 2012 act amending subsection (1)(c), see section 1 of chapter 240, Session Laws of Colorado 2012. For the legislative declaration in the 2013 act adding subsection (1)(c.5), see section 1 of chapter 413, Session Laws of Colorado 2013. Case Notes ANNOTATION The authority of the director of the division of labor to inspect school buildings for fire prevention purposes or to issue fire code enforcement orders to school districts must be implied because it is not expressly granted by this section. W AutllilS . :u;ry Fire : Ad:u;c Courn Sch. I)i.n. /2. 926 H%d 172 iC(;l,. Ann. 1490). The authority of the director of the division of labor in H-I-1l1 r?i;di to "enforce" the provisions of this section is not exclusive but may also be taken by a fire protection district absent the school district's exercise of authority to contract with a qualified fire inspector. Id! Ad,rms Counn Fire r. Adams CnunrC S(,L Uar. 12. 026 I?2d 172 (Colo l COLORADO REVISED STATUTES Bronwyn Scurlock Page 3 of 4 C.R.S. 22-32-124 plans. (IV) If the fire department declines to perform the plan review or any subsequent inspection, or if no certified fire inspector is available, the division shall perform the plan review or inspection. As used in this section, unless the context otherwise requires, "certified fire inspector" has the same meaning as set forth in secfion 24-33.5-1202 (2.5) C'.R.S. (V) If the building or structure is in conformity with the building and fire codes adopted by the director of the division, and if the appropriate fire department or the division certifies that the building or structure is in compliance with the fire code adopted by the director of the division, the division or the appropriate building department shall issue the necessary certificate of occupancy prior to use of the building or structure by the school district or by the.institute charter school. The division is authorized to charge a fee to cover the actual, reasonable, and necessary costs of the inspections of buildings and structures. The amount of the fee shall be determined by the director of the division by rule, on the basis of the direct cost of providing the service. (VI) If the division authorizes building code inspections by a third -party inspector pursuant to subparagraph (I) of this paragraph (a) or authorizes building code plan reviews and inspections by an appropriate building department pursuant to subparagraph (II) of this paragraph (a), the plan reviews and inspections shall be in lieu of any plan reviews and inspections made by the division; except that this subsection (2) shall not be construed to relieve the division of the responsibility to ensure that the plan reviews and inspections are conducted if the third -party inspector or appropriate building department does not conduct the plan reviews and inspections. Nothing in this subsection (2) shall be construed to require a county, town, city, city and county, or fire department to conduct building code plan reviews and inspections. (b) (1) If the division conducts the necessary plan reviews and causes the necessary inspections to be performed to determine that a building or structure constructed pursuant to subsection (1) or (1.5) of this section has been constructed in conformity with the building and fire codes adopted by the director of the division, the division shall charge fees as established by rule of the director of the division. The fees shall cover the actual, reasonable, and necessary expenses of the division. The director of the division by rule or as otherwise provided by law may increase or reduce the amount of the fees as necessary to cover actual, reasonable, and necessary costs of the division. Any fees collected by the division pursuant to this paragraph (b) shall be transmitted to the state treasurer, who shall credit the same to the public school construction and inspection cash fund created in section 24-33.5-1207.7, C.R.S. (111) Any moneys remaining as of December 31, 2009, in the public safety inspection fund created pursuant to set No;_ h=/ -!.'I. C.R.S., from fees collected by the division of oil and public safety in the department of labor and employment pursuant to this paragraph (b) as it existed prior to January 1, 2010, shall be transferred to the public school construction and inspection cash fund created in section 24-33.5-1207.7. C.R.S. (c) (Deleted by amendment, L. 2009, (HB 0 -11 f) ch. 0�). / )z)5, effective January 1, 2010.) (d) The inspecting entity shall cooperate with the affected board of education or the state charter school institute in carrying out the duties of this section. (e) If the inspecting entity and the board of education or the state charter school institute disagree on the interpretation of the codes or standards adopted by the division, the division shall set a date for a hearing as soon as practicable before the board of appeals in accordance with section 24-33.5-1213.7, C.R.S., and the rules adopted by the director of the division pursuant to article 4 of title 24, C.R.S. (f) The rules authorized by this subsection (2) shall be adopted in accordance with article 4 of title 24, C.R.S. Bronwyn Scurlock Page 2 of 4 C.R.S. 22-32-124 (II) of this paragraph (a), the division shall conduct the necessary plan reviews, issue building permits, cause the necessary inspections to be performed, perform final inspections, and issue certificates of occupancy to assure that a building or structure constructed pursuant to subsection (1) or (1.5) of this section has been constructed in conformity with the building and fire codes adopted by the director of the division and that the school district or charter school, whichever is appropriate, has complied with the provisions of paragraph (b) of subsection (1) of this section. Pursuant to this sub -subparagraph (A), the division may contract with third -party inspectors that are certified in accordance with section 24-33.5-1213.5. C.R.S.. to perform inspections. The affected board of education, state charter school institute, or charter school may hire and compensate third -party inspectors under contract with the division or hire and compensate other third -party inspectors that are certified in accordance with section 14-33.5-1213.5. C.R.S., to perform inspections. If the board of education, state charter school institute, or charter school is unable to obtain a third -party inspector and no building department has been prequalified, the division shall perform the required inspections. If a third -party inspector is used, the division shall require a sufficient number of third -party inspection reports to be submitted by the inspector to the division based upon the scope of the project to ensure quality inspections are performed. Except as specified in sub -subparagraph (B) of this subparagraph m, the third -party inspector shall attest that inspections are complete and all violations are corrected before the board of education, state charter school institute, or charter school is issued a certificate of occupancy. Inspection records shall be retained by the third -party inspector for two years after the certificate of occupancy is issued_ If the division finds that inspections are not completed satisfactorily, as determined by rule of the division, or that all violations are not corrected, the division shall take enforcement action against the appropriate board of education, state charter school institute, or charter school pursuant to section 24-33.5-1213. C.R.S. (B) If inspections are not completed and a building requires immediate occupancy, and if the board of education, state charter school institute, or charter school has passed the appropriate inspections that indicate there are no life safety issues, the division may issue a temporary certificate of occupancy. The temporary certificate of occupancy shall expire ninety days after the daze of occupancy. If no renewal of the temporary certificate of occupancy is issued or a permanent certificate of occupancy is not issued, the building shall be vacated upon expiration of the temporary certificate. The division shall enforce this sub -subparagraph (B) pursuant to section 24-33.5-1213, C.R.S. (11) Pursuant to a memorandum of understanding between the appropriate building department and the division, the division may prequalify an appropriate building department to conduct the necessary plan reviews, issue building permits, conduct inspections, issue certificates of occupancy, and issue temporary certificates of occupancy pursuant to sub -subparagraph (B) of subparagraph (1) of this paragraph (a), to ensure that a building or structure constructed pursuant to subsection (1) or (1.5) of this section has been constructed in conformity with the building and fire codes adopted by the director of the division, and take enforcement action. Nothing in the memorandum of understanding shall be construed to allow the building department to take enforcement action other than in relation to the building and fire codes adopted by the division. An appropriate building department shall meet certification requirements established by the division pursuant to section 24-33.5-1213.5. C.R.S., prior to prequalification. An affected board of education, state charter school institute, or chatter school may, at its own discretion, opt to use a prequalified building department that has entered into a memorandum of understanding with the division as the delegated authority. If a building department conducts an inspection, the building department shall retain the inspection records for two years after the final certificate of occupancy is issued. The fees charged by the building department shall cover actual, reasonable, and necessary costs. For purposes of this section, "appropriate building department" means the building department of a county, town, city, or city and county and includes a building department within a fire department. (III) The division shall cause copies of the building plans to be sent to the appropriate fire department for review of fire safety issues. The fire department shall review the building plans, determine whether the building or structure is in compliance with the fire code adopted by the director of the division, and respond to the division within twenty business days; except that the fire department may request an extension of this time from the director of the division on the basis of the complexity of the building Bronwyn Scurlock C.R.S. 22-32-124 This document reflects changes current through all laws passed at the Second Regular Session of the Sixty -Ninth General Assemblyof the State of Colorado (2014)and changes approved by the electorate at the November 2014 election Colorado Revised Stattntes > TITLE 22. EDUCATION > SCHOOL DISTRICTS > ARTICLE 32. SCHOOL DISTRICT BOARDS - POWERS AND DUTIES 22-32-124. Building codes - zoning - planning - fees - rules - definitions (1) (a) Prior to the acquisition of land or any contracting for the purchase thereof, the board of education of the school district in which the land is located shall consult with and advise in writing the planning commission, or governing body if no planning commission exists, that has jurisdiction over the territory in which the site is proposed to be located in order that the proposed site shall conform to the adopted plan of the community insofar as is feasible. In addition, the board of education shall submit a site development plan for review and comment to the planning commission or governing body prior to construction of any structure or building. The planning commission or governing body may request a public hearing before the board of education relating to the proposed site location or site development plan. The board of education shall thereafter promptly schedule the hearing, publish at least one notice in advance of the hearing, and provide written notice of the hearing to the requesting planning commission or governing body. (b) Prior to the acquisition of land for school building sites or construction of any buildings thereon, the board of education of the school district in which the land is located also shall consult with the Colorado geological survey regarding potential swelling soil, mine subsidence, and other geologic hazards and to determine the geologic suitability of the site for its proposed use. (c) All buildings and structures shall be constructed in conformity with the building and fire codes adopted by the director of the division of fire prevention and control in the department of public safety, referred to in this section as the "division". (c.5) In constructing buildings and structures, a school district, district charter school, or institute charter school may consult the guidelines adopted by the public school capital construction assistance board pursuant to secion 22-13.7-106 ill lul. (d) Nothing in this subsection (1) shall be construed to limit the authority of a board of education to finally determine the location of the public schools of the school district and construct necessary buildings and structures. (1.5) (a) Prior to contracting for a facility, a charter school shall advise in writing the planning commission, or governing body if no planning commission exists, which has jurisdiction over the territory in which the site is proposed to be located. The relevant planning commission or governing body may request the charter school to submit a site development plan for the proposed facility, but must issue such request, if any, within ten days after receiving the written advisement. If requested by the relevant planning commission or governing body, the charter school, acting on behalf of its sponsoring school board, shall submit such a site development plan. The relevant planning commission or governing body may review and comment on such plan to the governing body of the charter school, but must do so, if at all, within thirty days after receiving such plan. The relevant planning commission or governing body, if not satisfied with the response to such comments, may request a hearing before the board of education regarding such plan. Such hearing shall be held, if at all, within thirty days after the request of the relevant planning commission or governing body. The charter school then may proceed with its site development plan unless prohibited from doing so by school board resolution. (b) An institute charter school authorized pursuant to part 5 of article 30.5 of this title shall proceed pursuant to the provisions of this subsection (1.5). Notwithstanding the provisions of paragraph (a) of this subsection (1.5) to the contrary, the relevant planning commission or governing body may request a hearing before the state board of education. The institute charter school then may proceed with its site development plan unless prohibited from doing so by the state board of education. (2) (a) (1) (A) This subsection (2) shall apply to building or structure construction. Except as specified in subparagraph Bronwyn Scurlock v N M F- F— N N N a) U U Site Access _m r1y C (D N cr w p 01 Horsatooth Road Th'(A-� \Jolv..)I ,E 2. Cn\J A V' ).,r'4 ;eq N Y' l0 O n Required Co Existing 1 Bronson Street �s Requir� !1 l` Existing II M O II 4� h V !a, Le. v, r a -� Ex . �'O' J L) s—. `l Existing {11�$ Inr f �jt rw gar 1.� 1S I Required `Chi SHORT RANGE (2019) GEOMETRY Figure 9 -J/L--DELICH Global Village Academy, Phase 2 TIS, January 2015 � / rASSOCIATES Page 20 peak traffic volume projections that show that the Global Village related traffic will further exacerbate a problem that existed prior to our development. Considering that our projected impact is for a one hour in the period in the morning we propose contributing a proportionate sum toward the City's construction of the right -turn lane. Funds for this project would be held in escrow until such time as the City completes the construction of the right-tum lane. On behalf of the children we serve, I'm hoping to learn of your team's response prior to your Friday review. Sincerely, Terry Gogerty Terry Gogerty Global Village Academy `j�1,1.AGE� 4 ' Global Village Academy — Fort Collins U C Learning through language and culture 2130 W. Horsetooth, Fort Collins, CO 80526 www.elobalvillaeeacademy. ore An International Chamcr son oca 970-402-6898 February 3, 2015 Ted Shepard City of Fort Collins Fort Collins, CO 80522 Dear Ted; We have received your city staffs recommendation that our plans for Phase Two of Global Village Academy be approved by the Planning & Zoning Board witha new requirement that we pay for the construction of a right turn lane at on southbound Taft Hill Road at its intersection with West Horsetooth Road. We are very disappointed in this eleventh -hour condition and ask that the staff review their recommendation taking into a ccount the full perspective of our program and our good faith efforts to work with the City. Here are the primary factors that we believe need serious consideration before the City requires that our school pay entirely for the right tam lane: 1. Prior to GVA, Phase 1, the right -turn lane did exist It was sometime after GVA, Phase 1 was opened that the City changed the function of the subject lane. The current function is to have both through traffic and right -turning traffic in this lane. It was after this change that the threshold volumes requiring a right -turn lane were exceeded. Some of the existing right - turning traffic in the morning peak hour and afternoon peak hour is comprised of GVA parents. 2. Global Village Academy - Fort Collins is a public charter school that is expanding a previously approved facility and was not legally bound to repeat the City review process. Nevertheless, as good community members we have worked with multiple City departments in good faith. 3. Early in the review process there were verbal statements made by members of the City's traffic engineering staff indicating that a right hand turn lane probably would not be required for this addition. 4. The cost of this project was not in our budget due to prior City comments and good faith belief it would not be required. We do not believe it's appropriate to take this amount of money from children's education. 5. Despite working with the City staff regarding this project since November of last year this condition did not arise from City staff until this past week, 6. Global Village Academy has made numerous modifications to our landscaping, traffic, and site plan to accommodate Staff requests; even though the requests extend well beyond the requirements set by the State for public schools. And most recently Global Village has been pushed into changing its core facility color scheme - an architectural feature fully approved in phase one and a part of the Global Village branding. Even on this issue we have capitulated to the Citys request. Despite these factors, which we consider significant, we recognize that parents and buses bringing children to GVA-FC has increased the morning traffic volume. Traffic engineering reports indicate that it is only the morning 2. Staff Position: The right turn lane is required with existing peak hour volume that is generated by the Phase Two expansion. The development of Phase Two should address or mitigate the traffic impacts that are generated by the expansion of Global Village Academy. The traffic situation with Phase Two is different from the Phase One project submittal. A year ago, the Phase One project proposed half of the amount of traffic that is being proposed with Phase Two and the TIS for Phase 1 did not assign any GVA traffic to the southbound right turn movement at Taft Hill Road and Horsetooth Road. During the site planning for Phase 1, right-of-way was obtained at this location and the site was adjusted to accommodate a future right turn lane, which was noted would be built once warranted by traffic volumes. The Phase One TIS acknowledged that any additional phases of development on the site would require a review of new traffic impacts generated by additional development. One year later with the GVA Phase Two development, the proposal is to now double the number of students attending the school. The Phase Two TIS indicates the need for this turn lane. GVA traffic alone meets the threshold for the lane. (See Figure 9, page 20, from the TIS.) Staff recommends that the Global Village Academy Phase Two Site Development Plan include the construction of the southbound Taft Hill Road right -turn lane to westbound Horsetooth Road. 3. State Statute C.R.S. 22-32-124: This state statute governs public charter schools. The Charter School must present a site plan for review and comment to the Planning and Zoning Board. Note that if the Planning and Zoning Board is not satisfied with the response from the applicant, then the Board may request a public a hearing with the Board of Education. The state statute is attached. The section, in part, states: "The relevant planning commission or governing body, if not satisfied with the response to such comments, may request a hearing before the board of education regarding such plan. Such hearing shall be held, if at all, within thirty days after the request of the relevant planning commission or governing body. The charter school then may proceed with its site development plan unless prohibited from doing so by school board resolution." Attachments: 1. Letter from Global Village Academy 2. Figure 9 from T.I.S. 3. C.R.S.22-32-124 of F6rt``$" Collins TO: THROUGH FROM: DATE: RE: MEMORANDUM Planning and Zoning Board Laurie Kadrich, C.D.N.S. Director Cameron Gloss, Planning Manager Ted Shepard, Chief Planner February 6, 2015 Planning, Development and Transportation Services Current Planning 281 N. College Ave. PO Box 580 Fort.Collins, CO 80522-0580 970.221.6750 970.224.6134 - fax fcgov.com/Currentp/anning Global Village Academy, Public Charter School, Phase Two, Site Plan Advisory Review, SPA150001 There is an issue with the timing, financing and responsibility for constructing the southbound Taft Hill Road right -turn lane at Horsetooth Road that was not resolved at the time the Board's packet was finalized. The purpose of this memo is to summarize the issue, explain staff's position and provide the relevant state statute. 1. The issue: The Transportation Impact Study indicates that in the short range (2019), given the full development of Global Village Academy and in increase in background traffic, a southbound right turn lane on Taft Hill Road at Horsetooth Road is warranted. Further, the T.I.S. states: "There is minimal change in the level of service with the added right -turn lane at the Taft HilUHorsetooth intersection..." "As mentioned earlier, when existing volumes warrant the subject right -turn lanes, but the intersections operate acceptably without those lanes, they are typically not constructed. It is recommended that the right -turn lanes not be built at this time. " City staff disagrees with the assessment that the southbound Taft Hill right -turn lane not be built at this time based on the projected number of right turns during the morning peak. A letter from Global Village Academy is attached.