HomeMy WebLinkAbout1992 SOUTHEAST ELEMENTARY SCHOOL SITE PLAN ADVISORY REVIEW - 17 91 - CORRESPONDENCE - RESPONSE TO APPLICANTDevelor ant Services
Planning Department
May 22, 1991
Mr. Michael Spearnak
Facility Services
Poudre School District R-1
2407 LaPorte Avenue
Fort Collins, CO. 80521
RE: 1992 S.E. Elementary School Site Plan Advisory Review
Dear Mr. Spearnak:
On May 20, 1991, at their regular meeting, the City of Fort Collins Planning and Zoning Board
voted unanimously to advise the Poudre School District R-1 that the location, character, and
extent of the proposed 1991 Southeast Elementary School is in compliance with Master Plan
for the City.
There remains one area of concern that the Planning and Zoning Board would like to pass
along to possibly enhance the school development. Recognizing that there are a substantial
number of homes within the Golden Meadows subdivision that have circuitous pedestrian
access to the school site, and to further promote the concept of the neighborhood walk-in
school, the following recommendation. is made:
It is recommended that the Poudre School District investigate the feasibility of
constructing an off-street, pedestrian access from Cape Cod Circle to McMurry Avenue.
The Planning Department is available to assist the Poudre School District in pursuing the
objective of a neighborhood pedestrian path.
If you have any questions regarding the finding of the Planning and Zoning Board, please call
our office at 221-6750.
Sincerely,
T,.ak
Ted Shepard
Project Planner
xc: Diane Jones, Acting Development Services
Tom Peterson, Director of Planning
Rick Zier, Counsel, Poudre School District
Director
R-1,P.O. Box 1606, Fort Collins, CO. 80522
281 North College Avenue • P.O. Box 580 • Furt Collins, CO 80522-0580 • (303) 22"1-6750
IN
31-23-209 Government - Municipal 268
the territory affected and, after the approval by each body, shall be filed
with the county clerk and recorder of each county wherein the territory is
located.
Source: R & RE, L. 75, p. 1148, § I.
31-23-209. Legal status of official plan. When the commission has
adopted the master plan of the municipality or of one or more major sections
or districts thereof, no street, square, park or other public way, ground or
open space, public building or structure, or publicly or privately owned
public utility shall be constructed or authorized in the municipality or in
such planned section and district until the location, character, and extent
thereof has been submitted for approval by the commission. In case of disap-
proval, the commission shall communicate its reasons to the municipality's
governing body, which has the power to overrule such disapproval. by a
recorded vote of not less than two-thirds, of its entire membership. If the
public way, ground space, building, structure, or utility is one the authoriza-
tion or financing of which does not, under the law or charter provisions
Fove�ning the same, fall within the province of the municipal governing body,
the submission to the commission shall be by the governmental body having
jurisdiction, and the planning commission's disapproval may be overruled
by said governmental body by a vote of not less than two-thirds of its
membership. The failure of the commission to act within sixty days from
and after the date of official submission to it shall be deemed approval.
Source: R & RE, L. 75, p. 1148, § 1.
City in advisory role. There is nothing in
§ 31-23-206 and this section which indicates a
legislative intent to broaden a city's authority.
They place ultimate governmental authority
in matters pertaining to land use in unincor.
porated areas in the county. In effect, a city is
given only an advisory role. Robinson v. City
of Boulder, 190 Colo. 357, 547 P.2d 228
(1976).
Amendment to plan not subject to refer-
endum powers. Being advisory only, an
amendment to a municipal master plan is not
legislation which is subject to the referendum
powers reserved to the people. Margolis v.
District Court, 638 P.2d 297 (Colo. 1981).
31-23-210. Publicity -,travel - information - entry. The commission has
power to promote public interest in and understanding of the plan and to
that end may publish and distribute copies of the plan or any report and
may employ such other means of publicity and education as it may deter-
mine. Members of the commission may attend city planning conferences,
meetings of city planning institutes, or It upon pending municipal
planning legislation, and the commission may pay, by resolution, the reason-
able traveling expenses incident to such attendance. The commission shall
recommend, from time'to time, to the appropriate public officials programs
for public structures and improvements and for the financing thereof. It shall
be part of its duties to consult and advise with public officials and agencies,
public utility companies, civic, educational; professional, and other organiza-
tions, and with citizens in relation to protecting and carrying out the plan.
The commission has the right to accept and use Rifts for the exercise of its
269 Planning and Zoning
within a reasonable length of time, such available information a
sion may require for its work. The commission and its mem.
and employees, in the performance of their functions, may er'
land and make examinations and surveys and place and maim
marks and monuments thereon. In general, the commission ha
as are necessary to enable it to fulfill its functions, to prom(
planning, or to carry out the purposes of this part 2.
Source: R & RE, L. 75, p. 1148, § I.
31-23-211.. Zoning. Where a commission is establish( ac
the provisions of this part 2, it has and shall exercise a f tit
rights granted to the zoning commission by part 3 of It rticl
is a zoning commission in existence at the time that a cu..tmiss
the zoning commission shall deliver to the commission ai i
shall thereafter cease to exercise the powers and prerogatives pr
cised by it; except that, if the existing zoning commission is ne
lion of a zoning plan, the governing body of the municipality r
by resolution, the transfer of the zoning commission's powers
tion of the zoning plan; but in no event shall the period of such
exceed six months from the date of the creation of the commis
in this section shall invalidate or otherwise affect any zoning
tion or any action of the zoning commission adopted or take
creation of a commission.
Source: R & RE, L. 75, p. 1149, § I.
C.J.S. See 62 C.J.S., Municipal Corpora-
tions, § 672.
:J
31-23-212. Jurisdiction. The territorial jurisdictiol an
over the subdivision of land includes all land located within the
ries of the municipality and, limited only to control wit; :ere
street plan and not otherwise, also includes all land lying with
of the boundaries of the municipality not located in any other
except that in the case of any such land lying within five i
than one municipality, the jurisdiction of each commission s
at a boundary line equidistant from the respective municipal
municipalities. The jurisdiction over the subdivision of rant
boundary of a municipality shall apply equally to any municipa
Source: R & RE, L. 75, p. 1149, § 1.
31-23-213. Scope of control. When a commission has ad(
street plan for the territory within its subdivision control, or an
as provided in section 31-23-208, and has filed a certified cop
in the office of the county clerk and recorder of the county
r such part is located, no plat of a subdivision of lal
br other building beyond the territorial limits of the district except in
ance with the provisions of section 22-32-109 (1) (v).
Source: (2) amended, L. 75, p. 786, § 5; (1) amended; L. 77, p. 1050, §
(2) ame9dcd, L. 79, p. 783, § 3.
22-32-124. Building codes - zoning - planning. (1) Prior to 1 e isi-
lion of land or any contracting for the purchase thereof, lite board of educa.
tion shall consult with and 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 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 develop•
ment plan for review and comment thereon to such planning commission
or governing body prior 1p 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 develop-
ment 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 gov-
erning body. Prior to the acquisition of land for school building sites or con-
struction of any buildings thereon, the board of education also shall consult
with the Colorado geological survey regarding potential swelling soil, mine
subsidence, and other geologic hazards and to determine the geologic suit-
ability of the site for its proposed use. All buildings and structures shall be
erected in conformity with the standards of the division of labor. Nothing
in this subsection (1) shall be construed to limit the authority of a board
of education to finally determine the location of public schools within the
district and erect necessary buildings and structures.
(2) (a) Notwithstanding the provisions of section 8-1-107 (2) (d), C.R.S.,
upon request of the division of labor after consulting with the affected board
of education, the appropriate building department of a county, town, city,
or city and county wherein a building or structure has been erected pursuant
to subsection (1) of this section may make the necessary'inspections to deter-
mine that such building or structure has been erected, in conformity with
the standards of the division of labor and, if such building or structure u
in conformity, shall issue the necessary certificate of occupancy prior to use
of the building or- structure by the school district. A fee may be charged
for such inspections upon approval di the board of education, if the amount
of the fee is determined on the basis of the direct cost of providing such
service. If the division of labor after consulting with the Affected board of
education requests inspections by the building department, such inspections
shall be in lieu of any inspections made 'by the division of labor; except
that this subsection (2) shall not be construed to relieve the division of labor
of the responsibility to conduct such inspections if the appropriate countY,
town, city, or city and county agency does not conduct the inspections. ADY
county, town, city, or city and county conducting such inspections shall also
be authorized to annually reinspect the building or structure to assure that
it is maintained and operated in accordance with the fire code adopted
the director of the division of labor. The inspecting entity shall cooperate
with the affected school district in carrying out the*duties of this section.
(b) If the division of labor conducts the necessary inspection to determine
that a building or structure erected pursuant to subsection (I) of this section
has been erected in conformity with the standards of the division of labor,
it shall charge a fee of two hundred dollars for such inspection: Any fees
collected by the division of labor pursuant to this paragraph (b) shall be
transmitted to the state treasurer, who shall credit the same to the public
safety inspection fund created pursuant to section 8-1-151, C.R.S.
(3) The county; town, city, city and county, or fire protection district
providing fire protection service for the buildings and structures of a school
district may annually inspect such buildings and structures to assure that,
they are maintained in accordance with the fire code adopted by the director
of the division of labor unless the board of education of the district has
contracted for such inspections to be conducted by a person qualified to
conduct such inspections by reason of experience, training, or certification.
Source: Amended, L. $I, p. 1064, § 1; (1) R & RE and (2) amended, L.
84, pp. 599, 600, § § 1, 2; (2) amended, L. 85, p. 338, § 6; amended, L.
84, p. 499, § 118.
22-32-125. Applicability of article.
Repealed, L. 75, p. 788, § 13, effective July 1, 1975.
22-32-126. Principals - employment and authority.
Principal has the authority to adopt policies, 653 P.2d 743 (Colo. App. 1982), rev'd on
les, and regulltions to implement school othergrounds, 688 P.2d 219 (Colo. 1984).
dicy. DeKoevend v. Board of Educ., 653 Principal has authority to supervise teachers.
2d 743 (Colo. App. 1982), rev'd on other Taking the steps necessary to supervise and
ounds, 688 P.2d 219 (Colo. 1984). insure the effectiveness of teachers is within
The administrative responsibilities set forth the authority delegated to the principal by the
this section could not be carried out if the school board and thus constitutes a legitimate
incipal was unable to promulgate rules and exercise of his power. Thompson v. Board of
force them. DeKoevend v. Board of Educ., Educ., 668 P.2d 954 (Colo. App. 1983).
22-32-127. Leases or installment purchases for periods exceeding one year.
1) (a) Whenever the term of an installment purchase agreement or a lease
greement with an option to purchase under which a school district becomes
Milled to the use of undeveloped or improved real property or equipment
or a school site, building, or structure is greater than one year, the obligation
o make payments under the agreement shall constitute an indebtedness of
the district.
(b) Under any installment purchase agreement or under any lease or
rental agreement, with or without the option to purchase, or similar agree-
ment pursuant to which the subject real or personal property is used by the
school district for school district purposes, title shall be considered to have
passed to the school district at the time pf execution of the agreement for
(purposes of determining liability for or exemption from property tax:.tion.
(2) No board of education shall enter into an installment purchase agree-
ment of the type which constitutes an indebtedness unless such agreement