CITY PLANNING COMMISSION AGENDA ITEM NO: 11 STAFF: JIM GAGLIARDI FILE NO: CPC CU QUASI-JUDICIAL

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Page 203 CITY PLANNING COMMISSION AGENDA ITEM NO: 11 STAFF: JIM GAGLIARDI FILE NO: CPC CU 08-00095 QUASI-JUDICIAL PROJECT: APPLICANT: OWNER: CHARTER SCHOOL CONDITIONAL USE PERMIT LAND DEVELOPMENT CONSULTANTS, INC VILLAGE SEVEN BAPTIST CHURCH dba, SPRINGS RANCH BAPTIST CHURCH SITE

Page 204 PROJECT SUMMARY: 1. Project Description: Request by LDC, Inc, for approval of a conditional use for a District 49 Charter School. The proposed middle school would be located within the Springs Ranch Baptist Church building, currently under construction at 3850 Pony Tracks Dr. Space within the building will be leased to the school for classroom and office space. There would also be shared use of the gym. Prior to the building s completion, six temporary modular buildings are proposed towards the western part of the property so that the school can occupy the site until the principal building becomes available. The property is zoned Planned Business Center (PBC), and an approved conditional use is required to operate a charter school in a PBC zone. A development plan was submitted in conjunction with the conditional use application (FIGURE 1). The development plan reflects minor changes to the previously approved development plan: File No. AR DP 05-00724. 2. Applicant s Project Statement: (FIGURE 2) 3. City Planning Department s Recommendation: Approval of the application, subject to technical modifications. BACKGROUND: 1. Site Address: 3850 Pony Tracks, at the SW corner of North Carefree Cir and Peterson Rd. 2. Existing Land Use (Zoning) Planned Business Center (PBC). 3. Surrounding Land Use (Zoning): North Multi-Family Residential (PUD). South Single-Family Residential (R1-6/cr/df) East Vacant property (PBC) West Single-Family Residential (R1-6/cr/df) 4. Comprehensive Plan Designated 2020 Land Use: Community Activity Center 5. Annexation The property was annexed in 1984 as a part of the Springs Ranch Addition. 6. Subdivision The property is platted as Springs Ranch Baptist Church. 7. Zoning Enforcement Action None. 8. Master Plan The Springs Ranch Master Plan identifies this site as Neighborhood Commercial and has been implemented since 2006. 9. Physical Characteristics Land is developing with no significant features. STAKEHOLDER PROCESS AND INVOLVEMENT: The public process involved with the review of this application included posting of the site and sending notification to all property owners within a 500-ft. radius of the property. There were no objections, and one letter was received in support. (FIGURE 3) ANALYSIS OF REVIEW CRITERIA / MAJOR ISSUES / CITY COMPREHENSIVE PLAN & MASTER PLAN CONFORMANCE: 1. Conditional Use Review Criteria: In accordance with City Zoning Code 7.5.704, Planning Staff finds that the charter school as a conditional use at 3850 Pony Tracks will be in substantial compliance with the conditional use criteria. 2. Development Plan Review Criteria: In accordance with City Zoning Code 7.5.502.C, a Development Plan shall be reviewed for substantial conformance with the criteria found in said section. Further, no development plan shall be approved unless the plan complies with all the requirements of the zone district in which it is located, is consistent with the intent and purposes of the City Zoning Code and is compatible with the land uses surrounding the site. Based on concerns from Traffic and Subdivision Engineering (FIGURES 4), the review criteria below might not be satisfied. The criteria pertain to safe vehicular and pedestrian access. The

Page 205 applicant has advised that these concerns are being addressed, and revisions will be provided prior to approval of the plans. DP Review Criteria No. 5: Will vehicular access from the project to streets outside the project be combined, limited, located, designed and controlled to channel traffic to and from such areas conveniently and safely and in such a manner which minimizes traffic friction, noise and pollution and promotes free traffic flow without excessive interruption? Without a traffic plan, there is concern that student loading and unloading in the drive lane from North Carefree Circle may cause cars to queue onto the street. DP Review Criteria No. 6: Will all the streets and drives provide logical, safe and convenient vehicular access to the facilities within the project? The circular loading zone as shown on the plan appears to be inadequate. Parking spaces and drive aisles may be blocked when children are being dropped off. DP Review Criteria No. 9: Will safe and convenient provision for the access and movement of handicapped persons and parking of vehicles for the handicapped be accommodated in the project design? Subdivision Engineering is recommending a sidewalk connecting Pony Tracks Dr. to the modular school buildings and from the modular school buildings to North Carefree Cir. This will help prevent any conflict between pedestrians and vehicles. Cars backing out of spaces east of the temporary modular school buildings could create concern due to the concentration of children in that area. A sidewalk in front of the modular buildings will help remove satisfy that issue. The applicant advised that a sidewalk is being added to the plans to address that concern. 3. Conformance with the City Comprehensive Plan Comprehensive Plan 2020 Land Use Map: Community Activity Center. Comprehensive Plan Goals and Objectives: Community Activity Center. Objective LU 3: Develop a Mix of Interdependent, Compatible, and Mutually Supportive Land Uses. Objective LU 7: Develop Shopping and Service Areas to be Convenient to Use and Compatible with their Surroundings. Objective N 1: Focus On neighborhoods. Objective N3: Vary Neighborhood Patterns. Objective CCA 6: Fit New Development into the Character of the Surrounding Area. It is the finding of the City Planning Department that Conditional Use to permit a charter school will substantially conform to the City Comprehensive Plan 2020 Land Use Map and the Plan s goals and objectives. 4. Conformance with the Area s Master Plan: The Springs Ranch Master Plan identifies this area as Neighborhood Commercial, and the master plan was implemented in 2006. The uses proposed for the site are compatible with the surrounding neighborhood. It is the finding of the City Planning Department that the Conditional Use to permit a charter school does substantially conform and is in compliance with the Springs Ranch Master Plan.

Page 206 STAFF RECOMMENDATION: Item No. 11.: CPC CU 08-00095 Conditional Use Approve the conditional use to allow the charter school based upon the findings that the conditional use request compiles with the three criteria for granting conditional uses as set forth in City Code Section 7.5.704., subject to compliance with the following significant and technical and/or informational plan modifications: Significant Modifications to the Conditional Use Development Plan: (Note: the applicant advised that the following conditions are being addressed. An update will be provided by the time of the CPC informal meeting). 1. Either obtain approval from City Traffic Engineering by means of a traffic plan, or by modifications to the development plan that address concerns regarding pedestrian flow, as well as dropoff/pick-up locations for both temporary and future conditions. (FIGURE 4 ) 2. Ensure that Colorado Springs Utilities review items are appropriately addressed (FIGURE 4). Technical and Informational Modifications to the Conditional Use Development Plan: (Note: the applicant advised that this will be addressed, and an update will be provided by the time of the CPC informal meeting). 1. Ensure that the removal date of the modular buildings is one year from the stamped approval date on the plans. 2. Landscaping review items are addressed prior to final approval (FIGURE 4). 3. Colorado Springs Fire Department review items are addressed prior to final approval (FIGURE 4). 4. Enumerations review items are addressed prior to final approval (FIGURE 4). 5. El Paso County review items are addressed prior to final approval (FIGURE 4).

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