HomeMy WebLinkAboutLIBERTY COMMON SCHOOL ADDITION - SITE PLAN ADVISORY REVIEW - 11-02 - DECISION - MINUTES/NOTESPlanning and Zoning Board Minutes
April 4, 2002
Page 16
Member Torgerson replied that he would.
Chairman Gavaldon stated that he would also be attending the School Board meeting
and any Board members would also be invited.
The motion was approved 4-0.
Project: Reider Duplex, 720 W. Myrtle — Modification of
Standard
Project Description: Request for a modification of standard to'the
Land Use Code for Section 3.2.2(D)(1)(a):
access, circulation and parking. e applicant
is requesting to reduce the nuVer of off-street
parking spaces from 4 to 1.
Recommendation: Staff recommends approval of the Reider
Duplex- 720 W. Myrtle — Modification of
Standard.
Hearing Testimony, Written Comments and Other Evidence:
Member Torgerson declared a,conflict as the applicant's consultant
Member Carpenter joined the meeting.
Chairman Gavaldon asked for a brief presentation.
Member Craig asked to see Planner Jones' v suals.
Planner Jones stated that he had received some letters from concerned neighbors that
were given to the Board members. Page five of the staff report was amended to make
the issue an "equal to or better than argument." Planner Jones stated that he included
some pages out of the West Side Neighborhood Plan that deal with urban design
elements and principles and policies within that plan.
Planner Jones stated that the building is a duplex with two bedrooms in each unit. The
applicant is proposing an addition to the building that would add one bedroom to each
unit. The parking standards for multi -family dwellings are two off-street parking spaces
for a three bedroom unit. With the proposed plan, four off-street spaces are required.
The configuration currently shows three tandem parking spaces in a drive -way along the
Planning and Zoning Board Minutes
April 4, 2002
Page 15
Ms. Dagget pointed out that the State Statute does state that if the Board disapproves
the application, the reasons for the disapproval shall be provided. Taking no action
does, by default, technically constitute an approval having failed to provide reasons for
disapproval.
Member Torgerson withdrew his motion to take no action on Liberty Common
School Addition — Site Plan Advisory Review.
Member Meyer withdrew her second of the motion.
Member Craig moved for disapproval of the Liberty Common School Addition —
Site Plan Advisory Review citing 3.5.3(D) of the Land Use Code. She stated that
the project does not meet the character and extent of the immediate vicinity.
Member Torgerson offered an additional motion — disapproval of the Liberty
Common School Addition Site Plan Advisory Review as the plans were submitted
based on the definition of character in the Land Use Code.
Ms. Dagget suggested that if Member Torgerson's suggestion is a friendly amendment
to the original motion, it would be in order. She added that the language in the State
Statute involves character.
Planning Director Gloss stated that the original motion may not have been appropriate
because it cited a specific Land Use Code section and this review falls under State
Statues, not our Land Use Code. However, the issue with all members seems to be
character but not specifically to the Land Use Code
Member Craig clarified her motion to move for disapproval of the Liberty
Common School Addition — Site Plan Advisory Review citing the extent and
character of the addition not being consistent with the immediate vicinity.
Member Torgerson asked if the extent was not consistent or if it was just the character.
Member Craig replied that it should be just character.
Member Torgerson seconded the motion.
Chairman Gavaldon stated that he would support the motion.
Member Craig asked about sending a member of the Planning and Zoning Board to the
School Board meeting and suggested Member Torgerson be the representative.
Planning and Zoning Board Minutes
April 4, 2002
Page 14
Ms. Dagget replied that an additional member of the Board may have been listening to
the testimony and would be able to cast a vote.
Chairman Gavaldon noted that whatever motion was decided upon would need to be
very specific.
Member Meyer asked why the Board would try to vote again.
Chairman Gavaldon replied that a recommendation needed to be made.
Member Meyer asked if the motion that was made, though no decision resulted, could
be sent to the School Board.
Ms. Dagget stated that the State Statue requires that this matter be submitted to the
Board for approval or disapproval then go to the School Board. If the Planning and
Zoning Board takes no action, it does create a difficult question for the School Board in
making its determination. The Statute is silent as to the Planning and Zoning Board
taking no action. In choosing not to take action, the School Board is basically allowed to
make its own decision as to how it will interpret the Planning and Zoning Board's lack of
action.
Member Torgerson moved that the Planning and Zoning Board take no action on
the Liberty Common School Addition — Site Plan Advisory Review.
Chairman Gavaldon asked if that were an appropriate motion.
Ms. Dagget replied that it may be more appropriate procedurally to either table the
action or postpone it indefinitely although, if the Board chooses to move that it will not
take action on this matter, that could also be in order.
Member Torgerson stated that he suggested that motion because it was so unorthodox
that the School Board might give the matter more consideration.
Member Meyer seconded the motion.
Chairman Gavaldon stated that he would like to proceed with either approval or denial
of the motion. However, there is a deadlocked vote. He stated he would like denial.
Member Craig stated agreement and stated that she would change her vote to denial
because it would likely result in what the Planning and Zoning Board wants.
Planning and Zoning Board Minutes
April 4, 2002
Page 13
Planning Director Gloss stated that could be done with more specific information about
the materials.
Planner Barkeen stated that the relevant Code section would be 3.5.3(D).
Chairman Gavaldon expressed concern about starting to design the project
Member Torgerson stated that they would be applying the same standards as they
would to a commercial project in the City.
Chairman Gavaldon asked if the applicant would have to comply with the Board's
recommendation or if they could go before the School Board with something different.
Ms. Dagget recommended that the approval should be conditioned on the modification
and, in the absence of the modification, the plan is disapproved for certain reasons.
Member Torgerson moved for a recommendation to the Poudre School Board for
approval of the Liberty Common School Addition — Site Plan Advisory Review
with the condition that they comply with Land Use Code Section 3.5.3(D) using
brick. Absent compliance with this condition would lead to disapproval.
Member Craig seconded the motion.
Member Torgerson stated that this was a borderline project.
Member Meyer stated that it was borderline from the moment the plans were received;
the initial plans were not sufficient.
Chairman Gavaldon stated that he would not support the project. There should have
been 3-dimensional drawings and the project is below par. The School District has
developed a process that works and charter schools need to work on that.
Member Craig stated that she would support the motion because it is in the employment
section and the section needs to be kept different from the industrial section. She stated
her appreciation to the applicant for working out a solution.
The motion was a 2-2 vote and therefore did not pass because it failed to get a
majority of the vote.
Chairman Gavaldon asked if another motion would be entertained
Planning and Zoning Board Minutes
April 4, 2002
Page 12
Member Torgerson asked whether or not the Poudre School District architects had
reviewed the plans.
Planning Director Gloss replied that he was not aware of any such review.
Chairman Gavaldon asked if the School District was involved in the plans or not.
Planner Barkeen replied that he didn't believe they had
The applicant stated that they have worked with Jim Franzine at the School District on
the project. The District generally does not have any architects on staff; they hire them
out. There has not been an architectural review from the School District. The project is
subject to an architectural review by the Prospect East Business Park however.
Chairman Gavaldon asked if that review had anything to do with the Board.
Ms. Dagget replied that it did not
Planning Director Gloss stated that if the Board is inclined to look favorably on the
project if it is a brick tilt -up veneer, then that should be discussed with the applicant so a
resolution could come this evening as opposed to giving direction to staff. ;
Member Torgerson stated his hesitancy to redesign the project. He asked the applicant
to suggest a response to which the Board could respond.
The applicant stated that his view of character was of something bigger than just the
site itself. It is a reasonable request to look at integrating brick into the facade. He
stated concern over being a steward of the school's budget and added that an entire
brick veneer would not be feasible. A hybrid of brick and painted surface would be
feasible.
Peter Cast stated a willingness to add brick elements to break up the facade.
Member Torgerson asked if the applicant could apply features to the tilt -up walls, such
as pylasters or arches.
The architect replied that may be possible but sometimes a plain building may fit into
the surrounding area better. He stated willingness to address the Board's general
concern.
Member Torgerson asked about being able to cite the Code's requirement for 30-foot
intervals in breaking up a building as a design goal.
Planning and Zoning Board Minutes
April 4, 2002
Page 11
Planner Barkeen replied that it is part of a larger overall development plan but had it
come in under a Land Use Code review, the site would have been considered a project
development plan.
Member Torgerson stated that the Land Use Code defines character as those
attributes, qualities, features that make up and distinguish a development project and
give the project a sense of purpose, function, definition, and uniqueness. It seems that
character really applies to this particular building and facility, not to the overall area.
Planning Director Gloss replied that the definition could be interpreted either way. If this
was a project development plan, the case could be made that character applies only to
this lot. However, if one looks at the fact that this was an overall development plan
created for the entire park, and that this is a location, character, and extent review, the
standard rules do not pertain to this application.
Carrie Dagget, the City Attorney added that it is important to recognize that the location,
character, and extent language does come from the State Statute and our Land Use
Code definition does not necessarily apply to the definition in the Statute.
Member Torgerson asked if character was defined in the State Statute.
Ms. Dagget replied that it is not but it would not be unreasonable to apply a similar
concept given that the term has a standard dictionary definition that may be another
way to interpret the term.
Member Torgerson stated that he was ready to move for approval given the character of
the overall area but the specific definitions in the Code show it not to be in character
with the specific qualities and features that distinguish this project.
Member Craig asked if the applicant made the improvements to the materials that the
Board suggested, would it meet the character definition.
Member Torgerson replied that it would.
Ms. Dagget asked if the Board's approval would be contingent upon staff's approval of
an ultimate material selection or if that would be a suggestion.
Member Craig asked how far the Board could go with their purview and the ability to
condition the project.
Ms. Dagget replied that the problem with an approval that was conditioned on staff
agreeing to modifications lies in a lack of objective terms the Board has supplied staff.
Planning and Zoning Board Minutes
April 4, 2002
Page 10
Planning Director Gloss stated that because the next hearing is canceled, a timing
problem is created. He stated that the Board may want to suggest some specific
changes or concerns and rely on staff to work directly with the applicant and report back
to the Board.
The City Attorney stated that the Board needs to decide to either approve or disapprove
the request. The Board can request that staff work with the applicant but it will be
difficult for the School Board to interpret the position without a clear approval or
disapproval.
Member Craig asked Planning Director Gloss what the best option would be.
Planning Director Gloss replied that any issues about character can certainly be
mentioned given the review type. The Board could direct staff to work with the applicant
on different materials.
Chairman Gavaldon asked about the zoning on the property.
Planner Barkeen replied that the lot is split -zoned but the building rests within the E —
Employment zone.
Chairman Gavaldon recommended that the E zone criteria should then be used.
Planning Director Gloss pointed out that the review type is different here — it is a
location, character, and extent review rather than a review by zone district.
Mr. Daly asked the Board's opinion of a partial brick fagade creating a pattern.
Chairman Gavaldon replied that designing the building would not occur but that the
Board would take the ideas into consideration.
Member Craig asked Member Torgerson about the panel ideas.
Member Torgerson replied that the aesthetics of the building would be subjective.
Adding the brick panels would increase the cost some but would be less expensive than
an entire brick veneer and would go up as quickly.
Member Torgerson asked if this specific existing facility would have been considered a
project development plan or part of a larger overall development plan.
Planning and Zoning Board Minutes
April 4, 2002
Page 9
Member Meyer stated that the pre -cast walls are being used for quick construction and
changing materials would be difficult at this time.
Mr. Daly replied that the material is not necessarily the most affordable product but is
being used because of speed.
Member Torgerson asked if casting simulated brick in the panels had been considered.
Mr. Daly replied that it could be considered with the economic situation of the school
being the primary issue.
Chairman Gavaldon asked if the Board had a 30-day timeline to review the project.
Planner Barkeen replied that they do have the 30-day timeline and it is up as of today.
The Board would need to get approval from the applicant to continue the process
beyond the 30 days.
Member Craig asked if the project goes to the School Board next.
Planning Director Gloss replied that was correct.
Member Craig asked if the School Board would have the final deciding vote.
Planning Director Gloss replied that they would still have to go through a separate,
independent process if the Planning and Zoning Board approved the application. If the
Planning and Zoning Board disapproves the application, the School Board would be
provided with the P&Z Board's specific recommendation of disapproval and the reasons
based on the location, character, and extent of the building. The School Board would
then likely request the P&Z Board's attendance at their hearing and they would either
overturn the disapproval with a 2/3 vote of the School Board or agree with the
recommendation.
Chairman Gavaldon asked if the applicant would be open to bringing back a new plan
acknowledging the concerns about the building materials.
Mr. Daly replied that they would be receptive to that but they are under a tight timeline
because of the pre -cast ordering but would be willing to work with the Board's
suggestions. He stated they would like to get an approval tonight but make a verbal
agreement to discuss some of the alternatives at a later time, probably within the next
two weeks.
Chairman Gavaldon asked about the process.
Planning and Zoning Board Minutes
April 4, 2002
Page 8
Mr. Daly replied that the south elevation is approximately 135 feet long.
Chairman Gavaldon asked Planner Barkeen if the Land Use Code requires visual
breaks for walls over a certain number of feet.
Planner Barkeen replied that it is every 30 feet.
Chairman Gavaldon stated that the Poudre School District schools have done a very
good job in breaking up elevations, having new lighting concepts, and texturing..
Mr. Daly replied that they were looking at the addition in the context of the neighborhood
in which it is located. There are a variety of buildings around, most of which are metal or
very industrial looking.
Chairman Gavaldon stated that he was comparing this to the jail and the Advanced
Energy buildings. Being a public facility, the site should be evaluated against the best in
the area. He asked if there would be an opportunity to break up the walls or use
different materials.
Mr. Daly replied that there would be infinite opportunity using color to help break up the
wall.
Chairman Gavaldon asked about using different materials instead of different color, like
some composites the School District has used.
Mr. Daly replied that they are willing to look at different materials but they are concerned
about the money available and efficient use of time.
Chairman Gavaldon replied that the building would be around for a while and should be
a quality investment. He added that he had previously asked for 3-dimensional drawings
and color samples of the structure.
Planner Barkeen replied that none were submitted.
Chairman Gavaldon asked if there would be an opportunity to get those.
Mr. Daly replied that they did not have any but they could be created.
Chairman Gavaldon stated that the Ridgeview Charter School, reviewed in June, did not
submit any 3-D drawings and has not turned out well. He asked if the item were to be
continued, could the applicant bring in new drawings.
Planning and Zoning Board Minutes
April 4, 2002
Page 7
Public Input
There was no public input.
Member Craig asked about stormwater issues on the site.
Basil Hamdan, of the Stormwater Department, replied that the site is fairly flat. The
drainage goes in to March Court and there is a cross -pan across Sharp Point Drive that
carries water into one of the natural area ponds across the street. Overall Development
of the site was done at a time when water quality was not a requirement. If the school
was required to provide water quality, there would be quite an investment in a storm
sewer because the site currently surface drains. The stormwater department felt that by
allowing the roof water to drain into the grass area, water quality would be obtained. It
would be better to capture the parking lot run-off and water quality could be required
when parking lot improvements are submitted.
Member Craig asked about the flooding issues in the area and whether or not the
addition would add to the problem.
Mr. Hamdan replied that some water over -topped Timberline Road and came through
this business park during the 1997 flood. The water came down Midpoint Drive and
flooded some of the buildings in the area. The flood was an extreme event and it is not
expected that current flood standards would be affected by this addition.
Member Torgerson asked if the site is in the Poudre River Floodplain.
Mr. Hamdan replied that the site is outside the Floodplain.
Chairman Gavaldon asked the architect about the color scheme and how it would be
compatible with the existing building.
Mr. Daly replied that the pre -cast concrete was selected because brick would take an
additional month and a half to build which would push construction into a school year. In
terms of the color, we were trying not to match the dark color of the existing building in
order to lighten the building and take away from the mass of the building visually. The
colors are all shades of the same hue. There is some horizontal banding on the building
to break up the elevation. A gymnasium should really not have windows to serve this
purpose for safety issues. There is a textural difference between the two buildings. The
addition would have an aggregate paint to create textural shading.
Chairman Gavaldon asked what the length of the long side of the gym is
Planning and Zoning Board Minutes
April 4, 2002
Page 6
Hearina Testimonv. Written Comments and Other Evidence:
City Planner Bob Barkeen gave the staff presentation. He stated that as a Site Plan
Advisory Review, the project is limited to a location, character, and extent review by the
Board. He stated that several minor site plan changes have been made since the Board
members received their packets.
Planner Barkeen showed site plans of the school. The school is located in the Prospect
East Business Park which is off of East Prospect Road and Sharp Point Drive at 1725
Sharp Point Drive. The building is currently about 46,000 square feet. It was originally
built as a business building. The proposed site plan shows the 19,000 square foot
gymnasium and foyer addition on the southwest corner of the building. The parking area
and access would still remain off Sharp Point Drive. The existing building is large brick
and the proposed addition is a tilt -up concrete and is slightly higher than the existing
building. Part of the City's analysis included the architecture of the surrounding
buildings. It varies dramatically in the area.
Planner Barkeen added that the main difference between this site plan and the one the
Board received is the addition of some landscaping in front of the building along Sharp
Point Drive that was intended to break up the fagade of the new addition.
Chairman Gavaldon asked if the work had started on the project based on some of the
site shots.
Planner Barkeen replied that it had not.
Peter Cast, president of LCS Building Corporation, gave the applicant's presentation.
LCS Building Corporation owns the property and leases it to Liberty Common School.
The building has been occupied by the school for about 5 years and is a K through 9
configuration with two tracks of each grade. The current school enrollment is about 525
students. The gym facility and cafeteria facility are inadequate for the long-term. The
project is scheduled to be performed over the summer months to open at the start of the
school year.
Mike Daly, of the Neenan Company, gave the architect's presentation. He stated that
the site was originally master -planned to have a 48,000 square foot expansion in the
general area of the planned addition. There will be no additional paving and the fenced
play yard will stay in the same configuration. It is desirable to construct the building over
the summer months when school is not in session. Pre -cast concrete was selected as
the material because it can be pre -assembled off -site and erected on -site in a more
expedient manner. The color scheme will complement the existing brick color.
Planning and Zoning Board Minutes
April 4, 2002
Page 5
Chairman Gavaldon stated that his understanding is that the lane would be "nice" to
have.
Mr. Kreger�stated that the important aspect is that it is not "nice" rom Walgreen's
standpoint bWnice" from the citizens' standpoint.
Member Torgerson`aioved for approval of the Wa eens at Drake Crossing
Shopping Center —Major Amendment. �
Member Meyer seconded thelnotion.
Member Craig stated that she would support the vote and wanted to thank the team
involved for saving the trees. She added appreciation for the time and effort involved.
Member Torgerson echoed Member Craig's comments and added that the trees were
originally planted as the result of development and we need to be careful not to penalize
infill and redevelopment areas.
Chairman Gavaldon stated his support but still questioned the drive-thru from a process
and law standpoint. He added that he would like to look at the issue for future Land Use
Cod updates. He thanked the applicant for the hard work on the tree issue.
The motion was approved 4-0.
Project: Liberty Common School Addition — Site Plan
Advisory Review
Project Description: Request to construct a 19,000 square foot
gymnasium and foyer addition to the existing
school building. Located at 1725 Sharp Point
Drive, within the Prospect Park East Business
Park. Zoning is I — Industrial..
Recommendation: Staff recommends that the Planning and
Zoning Board recommend approval of the
Liberty Common School Addition to the Poudre
School District Board.
Chairperson Gavaldon called the meeting to order at 6:38 p.m.
Roll Call: Meyer, Craig, Torgerson and Gavaldon. Members Colton, Carpenter,
and Bernth were absent.
Staff Present: Gloss, Shepard, Barkeen, Jones, Wamhoff, Harridan, Alfers, and
Williams.
Agenda Review: Director of Current Planning Cameron Gloss reviewed the Consent
and Discussion Agendas:
Consent Agenda:
1. Minutes of the February 1 and August 16 (continued), 2001
Planning and Zoning Board Hearings.
2. #13-02 Reider Duplex, 720 W. Myrtle — Modification of Standard —
pulled, Gavaldon
Discussion Agenda:
3. #33-01 C Fossil Lake Annexation and Zoning #4
4. #35-96A Walgreens at Drake Crossing Shopping Center — Major
Amendment
5. #11-02 Liberty Common School Addition — Site Plan Advisory Review
Chairman Gavaldon pulled Item #2, Reider Duplex, 720 W. Myrtle, to discussion
asking for the item to be discussed last due to the lack of a quorum.
Member Torgerson moved for approval of the Consent agenda, less item #2.
Member Craig seconded the motion, noting that the August 16, 2001 minutes are
also to be continued.
The motion was approved 4-0.