Alpine gets ultimatum on school

Academy developers make move toward breaking ground

Published: Thursday, June 8 2006 12:00 a.m. MDT

ALPINE — Developers of Mountainville Academy made movement Wednesday toward breaking ground on a site on Main Street, in keeping with an ultimatum the school gave Planning Commission members Tuesday night.

Glenn Way, managing partner of U.S. Charter Development, said Wednesday the development company has hired a lawyer to file a lawsuit against Alpine.

"We haven't filed anything yet, but the bottom line is, that's where it's going to be going," Way said. "(Alpine city officials) violated the law ex post facto to keep the school from going into place. It's OK if they don't want the school there, but they still have to follow the law."

Way and Rebecca Whitchurch, one of the charter school's founders, informed the planning commission Tuesday night that the school was prepared to move forward with an alternative site plan that was approved in 1999. The alternative site plan involves five smaller buildings instead of one two-story building.

Way said the school prefers to build the two-story building, but because the planning commission opted not to recommend the plan to the city council, the company will begin building a school campus instead.

The planning commission voted 4-1 against recommending the school's two-story site plan until the city receives more information about the site and a moratorium imposed by the city council is lifted.

"I don't have enough information to make a recommendation with the site plan that was submitted to us, even if I chose to," said planning commissioner Jim Tracy.

City council members passed a moratorium on May 30 for all buildings of the school's proposed size, to allow the planning commission to prepare a setbacks, bulk and massing ordinance for schools. According to state legislation, charter schools may build where necessary, but city ordinances regarding bulk and mass, among other requirements, must be followed.

The planning commission approved a proposed draft of the ordinance at Tuesday's meeting.

According to Way, the school's current plan for a two-story building does not comply with the commission's draft of the ordinance. However, the plan for building a five-building campus does not need to comply with the ordinance, since it was already approved.

"The plain fact is we can build the campus system and have it open by the first week of September," Way said. "The moratorium was nothing more than a delay tactic."

Equipment will begin arriving by noon today, but if the city council decides at the next council meeting, on June 13, to approve the two-story plan, it would still be possible to change plans, Way said.

A single, two-story building is preferable to a school campus, said school co-founder Gaylee Coverston, but the school can't wait any longer to begin building.

"Our negotiations have always put us in a position that is not what we really applied for, and we have constantly given up (made concessions)," Coverston said. "But that's OK, because in the end, our education is wonderful — and that's what I wanted for my kids."


E-mail: achoate@desnews.com

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