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Home My WebLink About3.0 CorrespondenceMemo Tor Frcrm DateE Rer Planning Commission Mark Bean, Director 11nto2 Coal Ridge High School- RE -2 Schoot District Attached to this memo is a cover lefter from Tom Stuver, RE-2 School DistrictAftomey and a copy of the site plan for the Coal Ridge High School, to be located off of Highway 6 betrleeh Si[ and New Castle. As noted in the cover lefter, the Garfield County Planning Commission revianed the proposed location in May of 1993. Cornments vrere made by the Planning Commission at that time that noted the lack of infrastructure (water and saner) and the potential conflicts with access onto a Stiate Highway. The School District has chosen to go forward with the construction of the high school at this site. Mr. Stuver has cited trao different Colorado Revised Statutes, as a basis for submitting the information lo_the County for revievrr. The actual construction is subject to Planning Commission-revier,v in CRS g ?-32-124 and CRS S 3G2&110. ln both statutes, wfrich are included in this memo, the Ptanning Commission has very liftle authority to do anything beyond providing comments to the School District Board. CRS S 22-32-124 does allolrrthe Planning Commission to request that the Schoot Board hold a public hearing on the issue. The residents of the Peach Valley area have expressed a great deal of con@m about the construction of the proposed high school and vrould probably appreciatethe opportunity to express theirdispleasure with the proposed schml to the School Board. Based on this statute and the concems expressed by rcoidents in the atea, staff would euggest that the Planning Commission rcqueet i public hearing, to allow the residents of the arca to present their issues to the RE-2 School Boardregading the Coal Ridge High School site. 2232-124. Building codes - zoning - planning (1) Prior to the acquisition of land or any contracting for the purchase thereof, the board of education shall mnsult with and advise in uniting the planning commission, or goveming body if no planning commission exists, that has jurisdiction over the tenitory in which the site iJ proposed to be located in order that the proposed site shall conform to the adopted plan of the community insofar as is feasible. ln addition, the board of education shall submit a site development plan for reviarand comment to such planning commission orgoveming body prior to construction of any structure or building. The planning commission oigoverning body may request a public hearing before the board of education relating to the propo.sed site location or site development plart. The board of education shall thereafter promptly schedule the hearing, publish at least one notice in advance of the hearing, and prwide wriften notice of the hearing to the requesting planning commission or goveming body. Prior to the acquisition of land for school building sites or construction of any buildings thereon, the board of education also shall consult with the Colorado geological survey regarding potential sr,elling soil, mine I Garfield Goungr Building & Planning subsidence, and other geologic hazards and to detennine the geologic suitability of the site for its proposed use. All buildings and structures shall be erected in conformity with the standards of the division of oil and public safety. Nothing in this subsection (1) shall be mnstrued 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. 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 reguest, if any, within ten days after receiving the written advisement. lf 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 goveming 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. 3G28-110. Regional planning commission apprcval, rcquired when - recording 1) (a) Whenever any county planning commission or, if there is none, any regional planning commission has adopted a master plan of the munty or any part thereof, no road, park, or other public way, ground, or sparce, no public building or structure, or no public utility, tvhether publicly or privately cnrtned, shall be constructed or authorized in the unincorporated tenitory of the county until and unless the proposed location and extent thereof has been submitted to and approved by such county or regional planning commission. b) ln case of disapproval, the commission shall communicate its reasons to the board of county commissioners of the county in which the public way, ground, space, building, structure, or utility is proposed to be located. Such board has the pcnrcr to overrule such disapproval by a vote of not less than a majority of its entire membeship. Upon such ovemtling, said board or other official in charge of the proposed mnstruction or authorizaUon may proceed theraith. (c) lf the public way, ground, space, building, structure, or utility is one the authorization or financing of which does not, under the larv goveming the same, fall within the province of the board of county commissioners or other county officials or board, the submission to the commission shall be by the body or official having such jurisdiction, and the commission's disapproval may be ovem"rled by said body by a vote of not less than a majority of its entire membership or by said official, ln the case of a utility orruned by an enti$ other than a political suffiivision, the submission to the commission shall be by the utility and shall not be by the public utilities commission; hcnmever, the commission's disapproval may be overuled by the public utilities commission by a vote of not less than a majority of its entire membership. (d) The acceptance, widening, removal, extension, relocation, nanowing, vacation, abandonment, change of use, or sale or lease of or acquisition of land for any road, park, or other public way, ground, place, property, or structure shall be subject to similar submission and approval, and the failure to approve may be similarly ovemlled. o Page2 (e) The failure of the commission to act within thirty days after the date of official submission to it shall be deemed approval, unless a longer period is granted by the submitting board, body, or official. o Page 3 THOMAS W. STUVER DANIEL D. LEMOINE STUVER & LEMOINE, P.C. ATTORNEYS AT LAW I20 WEST THIRD STREET P. O. BOX 907 RIFLE, COLORADO A1650 November 4^2002 R.MCMIVEI) Nt]V {J 4 Zl]l]Z GARFIELD COUNTY H.il.Dlttc & Pl-AltNlNG TELEPHONE 970 - 625-lAA7 FAX 970 - 625-4448 Garfield County Planning Commission c/o Garfield County Building & Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 RE: GARFIELD SCHOOL DISTRICT RE.2 COAL RIDGE HIGH SCHOOL Dear Planning Commission: This firm represents Garfield School District No. RE-2. Pursuant to C.R.S. $22-32-124 and S30-28- i 10, we submit the following components of a site development plan for Coal Ridge High School for your review and comment. 'fhe present sr.rbmittal is for your review and comment related to the construction of the Coal Ridge High School. 1. Gl.0: Schematic Site Plan; 2. Gl.l : Preliminary Site Plan; 3. Gl.2: U. S. Highway 6 Widening; 4. Gl.3: U. S. Highway 6 Widening; 5. L-l: Landscape Notes and Details; and 6. L-2: Landscape Plan. As your records should reflect, the location of the proposed secondary school was reviewed by the Garfield County Planning Commission in May of 1993. Very truly yours, l-WS:skl Enclosures pc w/o enc.Dr. (iary Pack. Superintendent STUVER & LeMOIN NEW HIGH SCHOOL. FOR GARFIELD SCHOOL DISTRICT RE-2 SILT, COLORADO k ,'\,'fil"/ ,>., ,llT\] (' lD t I iE= I !-i" t-_ \_--' \ I I r1tl\) kl- r\1/\ 2,^i> .i=' Ii " - - 't'-..-,,' ', ,)l\ -',Zi'/ \'.-\\\\- t '.\\ oo[D :G'!,.$