HomeMy WebLinkAboutRIGDEN FARM, PIONEER CHARTER SCHOOL - SITE PLAN ADVISORY REVIEW - 56-98U - CORRESPONDENCE - (3)review of the proposal and the impacts the project will have on the surrounding
community.
Assuming you will be starting construction prior to October 1, 2003, once the City
receives a "site development plan" application, Pioneer Charter School will have the right
to have formal comments from the Fort Collins Planning and Zoning Board within 30
days (note the pending senate bill language changes this to 60 days). We request,
however, that you voluntarily postpone the date of the Planning and Zoning Board
hearing date to give enough time for your design consultants and City development
review staff to work out and resolve all site design issues prior to hearing. That way staff
will be able to recommend approval to the Planning and Zoning Board. The best
scenario for both Pioneer Charter School and the City of Fort Collins would be for the
Planning and Zoning Board to approve the application at their hearing. If approved by
the Planning and Zoning Board, the development may proceed.
In the event that the project goes to the Planning and Zoning Board hearing without all
the design issues worked out, the Planning and Zoning Board must provide comments
on the application. Once Pioneer responds to the comments from the Planning and
Zoning Board, and in the event that the Planning and Zoning Board is not satisfied with
Pioneer Charter School's response to those comments, the Planning and Zoning Board
may disapprove the application. This would trigger a hearing before the Board of
Education regarding such plan. The board of education would then have the final
decision making authority whether to approve the plan.
Planning staff is excited about the Pioneer Charter School wanting to locate within a
neighborhood such as Rigden Farm. In fact, our Comprehensive Plan (City Plan) -
encourages schools to be integral parts of neighborhoods and the community. In City
Plan, Policy RD-4.1 Design, Planning and Siting of Schools states, "schools should be
located in conjunction with Neighborhood Centers, Neighborhood Commercial Centers,
and/or small neighborhood parks," which Pioneer School certainly will be doing by
choosing this location. I truly do look forward to working with you to achieve necessary
review as quickly and painlessly as possible. Please don't hesitate to call me if you have
any question about this process, or anything else related to this application.
Sincerely,
Troy W. Jones
City Planner
CC: Steve Steinbecker, Architecture West
Cameron Gloss, Current Planning Director
Gregory Byrne, Director of Community Planning and Environmental Services
Paul Eckman, Deputy City Attorney
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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.
section shall, at a minimum, include the following elements:
(1) A description of the type of facility proposed for the site:
building footprint of the proposed facility;
(IV) A drawing or other appropriate documentation depicting proposed play,
landscaped, and outdoor lighted areas of the proposed facility:
V A vicinity map or description of public streets or roads adjacent to and se vir
the site;
(VI) Drawings or other appropriate documentation depicting pedestrian and
vehicular access including bus access circulation routes and pafferns, and parkim
lots proposed for the site:
Vl/ Identification of known flood lain and any other known geological haza ds
present on the site;
(VII) A proposed method for compliance with applicable drainage laws and
regulations governing the site; and
(IX) Documentation concerning proiected daily vehicle trips to and from the
proposed facility based upon historical school district data compiled for com ar bll
facilities.
b Notwithstandina any other provision of law, a site development plan satisfyin
the re uirements of ara ra h a of this subsection 1.7 shall on1V be submittec f in
connection with a new facility whose construction is commenced on or after the
effective date of this subsection (1.7)"
The House bill, if passed into law this legislative session, specifies that the effective date
is to be October 1, 2003, so if it does become law, the determination of whether the old
or new statutory language applies to your application will depend on. whether the actual
date of construction of the school commences is prior to October 1, 2003. In the event
that the construction commences on October 1, 2003 or later, the new language will
apply.
In accordance with state law, regardless of which language applies to the proposed new
charter school building, the City of Fort Collins has ten days from.the date we received
the letter of advisement from you (received in our offices April 30, 2003), to request that
the charter school submit a "site development plan" for the proposed facility. To that
end, the City of Fort Collins formally requests the submittal of a "site development
plan" of the proposed new Pioneer Charter School building and site layout to the
Current Planning Department for review and comment. As the state law currently
reads, there is no clarification of what specific submittal information constitutes a "site
development plan," however the new proposed state law language clarifies this
ambiguity in its description of elements (1) through (IX). We request that the submittal of
the "site development plan" for the proposed Pioneer Charter School include all items
described in elements (1) through (IX) plus a plat, utility plans and building elevations.
This will give the City of Fort Collins the necessary information to conduct a complete
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May 7, 2003
Ms. Nancy M. Du Teau
Governing Board President
PIONEER School
520 N. Sherwood
Fort Collins, CO 80521.
Dear Ms. Du Teau,
The current state law governing the development review by a municipality of a proposed
new charter school is regulated in Colorado Revised Statutes (CRS) 22-32-124 sub-
section (1.5) which states the following:
"(1.5) 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."
There is however currently a pending Senate Bill 03-256 that proposes to change the
above language to the following (bold text is new):
"(1.5) 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 satisfying the requirements of subsection (1.7) of this section for the
proposed facility, but must- shall 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 n4ust shall do , if
at all, within 4hiF1 sixty days after receiving such complete site development plan. T e
relevant planning commission or governing body, if not satisfied with the response to such