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HomeMy WebLinkAbout2.0 BOCC Staff Report 09.12.2007*Yr# PROJECT INFORMATION AND STAFF COMMENTS 09n2t07 Garfield County Planning Commission Review of a proposed Ross Montessori School pursuant to CRS 30-28-l l0 and CRS 22-32-124 Ross Montessori School % mile west of the intersection at Catherine Store on CR 100, Carbondale TO REOTIEST APPLICATTT PROPERTY LOCATION i-{j rs {!yi; , L DESCRIPTION OT TITE PROPOSAL The Ross Montessori School, a public charter school, proposes to construct a school on Lot 2 (6.95 acres) of the T.O. Ranch Subdivision located in the map above. The Applicant has not purchased the Lot yet and is, pursuant to statute, bringing this matter to the Planning Commission for their review and comment prior to purchase and construction. II. MAJOR ISSUES AND CONCERNS A. Zonins. The property is located inthe Agricultural / Residential / Rural Density(ARRD) zone district which does contemplate a school as a Conditional Use in the district. This would most likely require a review in public hearings by both the Planning Commission and ultimately the Board of County Commissioners. B. Comorehensive Plan The Comprehensive Plan Proposed Land Use Districts Map delineates this property be developed in a medium density residential manner which conflicts with the proposed School project. C. Infrastructure The property is not served by any central water or sewer systems. The Applicant proposes to provide domestic water from on-site wells and handle domestic waste water by either using an ISDS or tying into the Ranch at the Roaring Fork central sewer system. Traffrc will be an issue and a potential challenge with CDOT in obtaining an access permit to State Highway 82. D. Statutory Authoritv The State Statutes govem land use authority in this case as specifically stated in CRS 22-32- t24 and CRS 30-28-110. Both statutes are included in this memo below which ultimately indicates thatthe Planning Commissionhas limited authoritybeyondprovidingcommentsto the state. CF.S 22-32- 124 does allow the Planning Commission to request that the State hold a public hearing on the issue if so desired. 22-32-124. Buildinq codes - zoninq- planninq (1) Prior to the acquisition of land or any contracting for the purchase thereof, the board of education shall consult with and advise in writing the planning commission, or goveming 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 such planning commission or governing body prior to construction of any structure or building. The planning commission or governing body may request a public hearine 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 ofthe hearing, and provide written notice of the hearing to the requesting planning commission or governing 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 swelling soil, mine subsidence, and other geologic hazards and to determine 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 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. (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 conhary, 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) Notwithstanding the provisions of section 8-20-l0l (4), C.R.S., upon request of the division of oil and public safety 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) or subsection (1.5) ofthis section may make the necessary inspections to determine that such building or structure has been erected in conformity with the standards of the division of oil and public safety an{ if such building or structure is in conformity, 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. A fee may be charged for such inspections upon approval of 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 oil and public safety, after consulting with the affected board of education or the state charter school institute created pursuant to section 22-30.5-503, requests inspections by the building department, such inspections shall be in lieu of any inspections made by the division of oil and public safety; except that this subsection (2) shall not be construed to relieve the division of oil and public safety of the responsibility to conduct such inspections if the appropriate county, town, city, or city and county agency does not conduct the inspections. Any 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 by the director of the division of oil and public safety. The inspecting entity shall cooperate with the affected school district or the state charter school institute in carrying out the duties of this section. (b) If the division of oil and public safety conducts the necessary inspection to determine that a building or structure erected pursuant to subsection (1) or subsection (1.5) of this section has been erected in conformity with the standards of the division of oil and public safety, it shall charge a fee of two hundred dollars for such inspection; except that the director of the division of oil and public safety by rule or as otherwise provided by law may reduce the amount of the fee if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion ofthe fee is credited. After the uncommitted reserves of the fund are sufficiently reduced, the director of the division of oil and public safety by nrle or as otherwise provided by law may increase the amount of the fee as provided in section 24-75-402 (4), C.R.S. Any fees collected by the division of oil and public safety 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 - 1 5 I , 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 oil and public safety unless the board of education ofthe district has contracted for such inspections to be conducted by a person qualified to conduct such inspections by reason of experience, training, or certification. CRS 30-28-110 Regional plannine commission aoproval. reouired when - recordin$ (1) (a) Whenever any county planning commission or, if there is none, any regional planning commission has adopted a master plan of the county or any part thereof, no road, park, or other public way, ground, or space, no public building or structure, or no public utility, whether publicly or privately owned, shall be constructed or authorized in the unincorporated territory 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) In 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 power to ovemrle such disapproval by a vote of not less than a majority of its entire membership. Upon such overruling, said board or other offrcial in charge of the proposed construction or authorization may proceed therewith. (c) If the public way, ground space, building, structure, or utility is one the authorization or financing of which does not, under the law 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 offrcial having such jurisdiction, and the commission's disapproval may be ovemrled by said body by a vote of not less than a majority of its entire membership or by said official. In the case of a utility owned by an entity other than a political suMivision, the submission to the commission shall be by the utility and shall not be by the public utilities commission; however, the commission's disapproval may be ovemrled by the public utilities commission by a vote of not less than a majority of its entire membership. III. SUMMARY The proposed school is a permitted use in the ARRD zone district but conflicts with the medium density residential designation of the Comprehensive Plan. It appears the proposed use will impact the surroundrng as a result of significant traffic generation, impacts to CR 100 and the adjacent T. O. Ranch SuMivision road. The state statutes provide that the Planning Commission may recommend that the State body with authority hold an advertised public hearing on the proposal. Stafffinds the request is a bit premature as no site plan was submitted and that it would appear that the Applicant will need to return with more specific detail (traffic analysis, infrastructure details, and site plan) so that the Planning Commission can make substantive comments.