CITY OF CORTEZ PLANNING AND ZONING COMMISSION MAY 2, 2017 6:30 P.M. – REGULAR MEETING 1. CALL TO ORDER – PLEDGE OF ALLEGIANCE 2. APPROVAL OF MINUTES – REGULAR MEETING OF APRIL 2017 3. BUSINESS OF THE COMMISSION a. Public Hearing and the Review of a Site Plan Application to Construct an Addition to an Existing Building at 10194 Highway 491, as Submitted by Owners Billy and Kathy Sanchez , and Review of P&Z Resolution No. 6, Series 2017. (Associate Planner Connolly) b. Motion to Nominate P&Z Representative to the Historic Preservation Board 4. CITIZEN PARTICIPATION 5. P&Z DISCUSSION ITEMS a. Discussion Regarding Montezuma County Public Facilities PUD Listed Uses and Bridge Shelter (City Planner Hughes) b. Land Use Code Update: Discussion on Subdivision Standards with Regards to Floodplains (City Planner Hughes) c. Review of 3-Mile Plan (City Planner Hughes) 6. FYI a. Cortez City Council Minutes: Workshop and Regular Meeting of March 14, 2017 b. Building Permits Issued: April 1-27, 2017. 7. OTHER ITEMS OF BUSINESS 8. PREVIOUS BUSINESS 9. ADJOURNMENT Individuals with disabilities needing auxiliary aid(s) may request assistance by contacting City Hall: address – 123 Roger Smith Avenue, Cortez; phone – 970-565-3402; fax – 970-565-8172; e-mail – [email protected]. We would appreciate it if you would contact us at least 48 hours in advance of the scheduled event so arrangements can be made to locate requested auxiliary aid(s). j:\pwadmin\p&z\agendas\2017 agendas\05-02-2017.doc PLANNING AND ZONING COMMISSION REGULAR MEETING TUESDAY, APRIL 4, 2017 1. The regular meeting was called to order in the City Council Chambers at 6:30 p.m. Commission members present were Chairman Danny Giannone, Vice-Chairman Ken Brengle, Tom Butler, Tim Kline, and Rebecca Levy. City staff present included Councilmember Tim Miller, Mayor Karen Sheek, Associate Planner Neva Connolly, City Planner Tracie Hughes, Director of Public Works Phil Johnson, Director of Planning and Building Sam Proffer, City Manager Shane Hale, and City Clerk Linda Smith. There were 39 people present in the audience. 2. Commissioner Kline moved to approve the Planning and Zoning Minutes of the Regular Meeting of March 7, 2017. Commissioner Butler seconded the motion, and the vote was as follows: Brengle Butler Giannone Kline Levy Yes Yes Yes Yes Yes 3. BUSINESS OF THE COMMISSION a. Public Hearing and the Review of an Application for a Conditional Use Permit to Establish a K-8 School at 2306 and 2310 East Empire Street, in the Residential Single Family Zone (R-1), as Submitted by Stacey Weyand, Agent to Cortez Partners LLC, and Review of P&Z Resolution No. 5, Series 2017. City Planner Hughes stated that the Children’s Kiva Montessori School is proposing to establish a K-8 school at 2306 and 2310 East Empire Street in the R-1 zoning district. She stated that the properties are located on the northwest corner of Empire Street and Highway 145 right next to each other. She stated that the property includes an existing church building and an existing gym. She stated that the church was built in 1965 and is 5,703 square feet and the gym was built in 1997 and is approximately 9,000 square feet. She noted that the church would be used for classrooms and the gym would be used for classrooms, an activity room, and offices. She noted that the church does not meet side and rear setbacks; however, the church was constructed prior to the existing Land Use Code. She reviewed the Conditions of Approval for a Conditional Use Permit from Land Use Code Section 6.10 (f). She noted that 56 parking spaces would be provided with only 23 spaces required. She stated that landscaping would be provided between the school and the properties to the north. She spoke about the pick-up and drop-off plan for the children and noted that a portion of the current parking lot would be turned into a playground. She stated that the Colorado Department of Transportation (CDOT) will not require a CDOT access permit because there is no direct connection to a State Highway and the change/increase in traffic impacts at the intersection of Empire and State Highway 145 are well below 20% of the existing traffic impacts. City Planner Hughes stated that the Public Works Director and City Engineer were in favor of one way only ingress from Empire Street to the site, with all egress coming off of Cherry Street. She stated that the school will require a Change in Occupancy Permit and construction documents be prepared by a Colorado licensed design professional. She noted that a phone call was PLANNING AND ZONING COMMISSION REGULAR MEETING APRIL 4, 2017 PAGE 2 received prior to the meeting from a neighbor of the property stating concerns for fencing, easements, and property values. She stated that staff recommends approval of the proposal with five conditions. In answer to a question from Chairman Giannone, Director of Planning and Building Proffer spoke of the items that would be involved in the school receiving the Change in Occupancy Permit which include life/safety requirements and sanitary facilities (bathrooms). Director of Planning and Building Proffer stated that he did not know if the building would be required to be sprinkled as it would be based upon how the building is configured. Nate Seeley, Chairman of the Kiva Board, and Stacey Weyand, Kiva boardmember, spoke to the Commission about the opportunity of moving the Kiva school to the new location. Commissioner Kline asked if the school would be willing to put up a fence to help screen the school from the neighbors. Discussion was held on the type of fence that the applicants are proposing and it was noted the limit would be eight feet. It was noted that landscaping would be proposed to help with the noise issue. Chairman Giannone asked why the school is not requesting a school zone on Highway 145 and also asked about sidewalks in the area. It was noted that the area is a high traffic area and there is concern for safety of the children noting a need for a school zone. Director of Public Works Johnson stated that the City would do everything they could to help make the area as safe as possible and would mark the area the same as other schools with signage for the crosswalks, etc. In answer to a question from Chairman Giannone, Ms. Weyand stated that the conceptual plan has been reviewed by Colorado Code Consultants and that bids are now being received for the remodel. Mr. Seeley spoke about items that would be completed for the exterior of the building and stated that the gym building is proposed as two stories. Ms. Weyand explained how the drop-off and pick-up plan would work for the property and stated that the property would be bought, not leased. In answer to a question from Commissioner Levy, Ms. Weyand stated they would be required to follow State regulations and that Colorado Code Consultants reviewed the plans looking at both the education guidelines and building requirements. Chairman Giannone opened the public hearing. Katie Butt, 770 Cherry Street, stated that she uses the access between the school and the gym to get to her back yard and she would not like to lose that access. She also spoke for her neighbor at 774 Cherry Street about concerns for access to their backyard. Discussion was held on easements for the property and Ms. Weyand stated that the school would work with the neighbors on their concerns. Mike Lavey, 491 Coronado Avenue, asked if the move to the location on Empire Street would replace the Kiva School located on Beech Street. Ms. Weyand stated that the school would move to the new location from the Beech Street buildings for the first through eight graders and the preschool/kindergarten school would remain at its current location at 1204 East Empire Street. Mr. Lavey commented that he feels the new location is a good idea. No one else spoke and the public hearing was closed. Commissioner Butler commented that he served on City Council when the Kiva School presented their application to be located at the Beech Street location and he had concerns for the safety of the children in the area; however, he is much more amenable to the new location. He stated that there PLANNING AND ZONING COMMISSION REGULAR MEETING APRIL 4, 2017 PAGE 3 are some concerns that need to be worked out, but he likes the new proposal. Commissioner Kline stated that he knows the City will do their best to help the school with safety issues and he suggested that the school continue communicating with the neighbors. In answer to a question from Commissioner Kline, Ms. Weyand stated that someday in the future they would like to add onto their property at 1204 East Empire Street; however, the funding is not available at this time. Commissioner Butler moved that Planning and zoning approve the Conditional Use Permit to establish a K-8 school at 2306 and 2310 East Empire Street, in the R-1 Zoning District, as submitted by Stacey Weyand, agent for Cortez Partners LLC, through Planning and Zoning Resolution No. 5, Series 2017, with five conditions. Commissioner Kline seconded the motion, and the vote was as follows: Brengle Butler Giannone Kline Levy Yes Yes Yes Yes Yes b. Public Hearing and the Review of Draft Ordinance No. 1222, Series 2017, to Amend the Land Use Code to Allow for Day Care Facilities in the Industrial Park.